Philosophical foundations of tax law by Monica Bhandari

By Monica Bhandari

This assortment brings jointly significant subject matters and hard questions within the philosophical foundations of tax legislations. It permits the reader to contemplate how tax structures should still stream ahead within the smooth international, with a valid philosophical foundation, to supply the sensible tax procedure that the nation calls for and voters deserve.

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This assortment brings jointly significant subject matters and hard questions within the philosophical foundations of tax legislation. It permits the reader to contemplate how tax platforms should still circulation ahead within the modern Read more...

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What is more, the natural law of Hobbes’s philosophy is entirely compatible with the nostrums of economic theory in a way that Machiavelli, despite his apparent affinities to Hobbes, cannot directly address. In Britain, in 2016, the range of public purposes for taxation expresses the prudential prioritization of ideologies as they interact with political realities. A. Hayek, The Road to Serfdom (London: Routledge, [1944] 2001). , 114. C. Pigou, The Economics of Welfare, 4th edn (London: Macmillan, [1920] 1952), Part II, chs 2, 3.

5 Secondly and alternatively, one might say: ‘Stephen is right, so much the worse for Mill’s (or some other) version of the harm principle. ’ This was Stephen’s own direction of travel in arguing as he did. While an admirer of Mill’s utilitarian philosophy, Stephen sought in much of Liberty, Equality and Fraternity, to refute Mill’s harm principle. 6 My aim in this chapter is to consider certain aspects of the harm principle as a philosophical foundation of tax law. The question of state support via taxation for the arts—​as well as for certain esoteric, expensive scientific, mathematical, or otherwise scholarly activities7—​is one on which I will focus for a large part of the chapter.

Alternatively, perhaps a different version of the harm principle—​for it is clear that there is by now more than one—​is compatible with the tax and there is good reason to prefer it to Mill’s version? Maybe one way or another the harm principle can survive Stephen’s attack. We will look at these questions below. If Stephen is right that the tax on the British Museum and Mill’s harm principle are not compatible—​to anticipate, I will conclude that he is right about this after examining some possible responses—​what conclusion should then be drawn?

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