Legitime Besteuerung und konfiskatorische Expropriation

Abstract

The paper tries to contribute to the discussion of the following problem: Nearly every government acts as if it has a natural right to collect taxes - if necessary by force. How legitimate is such an act of expropriation? To find an acceptable solution, three different theories of property are discussed - eventually favouring the Kantian approach. Subsequently, possible vindications of taxation are presented: (1) control of conduct, (2) financing public institutions, (3) reduction of social differences. All three justifications turn out to be deficient. What remains is John St. Mill’s almost forgotten theory; he sees taxes as a sacrifice and, on this account, pleads for a proportional taxation.

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