Beyond Economic Efficiency In United States Tax Law

A collection of unconventional voices, BEYOND ECONOMIC EFFICIENCY IN UNITED STATES TAX LAW articulates alternative approaches to traditional economic analysis that provide a fuller understanding of tax law. Twelve original essays shed new light on classical tax theory by demonstrating that efficiency should not be the sole mechanism for examining the merits of the U.S. tax system. Factors such as race, gender, ethics, fairness, social justice, and political theory, to name a few should play a vital role in the design of the tax system. Reliance upon the myth that markets function solely by reference to efficiency concerns can be expected to result in a poorly functioning tax regime. Covering a broad range of topics including healthcare, housing, theories of justice, wealth transfer taxation, taxation as regulation, international taxation, state and local taxation, retirement security, and the charitable tax exemption this trail-blazing anthology scrutinizes the tax code along many neglected lines of analysis, including fairness, redistribution, organizational behavior and hierarchy, and social justice.

Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth. In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith’s faith in the market as an ideal allocation model, and to Bentham’s ethical consequentialism. Finally, aligning himself with John Rawls’s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach. In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law.

No study of Black people in America can be complete without considering how openly discriminatory tax laws helped establish a racial caste system in the United States, how they were designed to exclude blacks from lucrative markets and the voting franchise, and how tax laws extracted and redistributed vast sums of black wealth. Not only was slavery nearly a 100% tax on black labor, so too was Jim Crow apartheid and tax laws specified the peculiar institution as “negro slavery.” The first instances of affirmative action in the United States were tax laws designed to attract white men to the South. The nineteenth-century Federal Tariff indirectly redistributed perhaps a majority of the profits from slavery from the South to the North and is the principle reason the Confederate states seceded. The only constitutional amendment obtained by the Civil Rights Movement is the Twenty-Sixth Amendment abolishing poll taxes in federal elections. Blending traditional legal theory, neoclassical economics, and a pan-African view of history, these six interrelated essays on race and taxes demonstrate that, even in today’s supposedly post-racial society, there is no area of human activity where racial dynamics are absent.

This book addresses sixteen different reform proposals that are urgently needed to correct the fault lines in the international tax system as it exists today, and which deprive both developing and developed countries of critical tax resources. It offers clear and concrete ideas on how the reforms can be achieved and why they are important for a more just and equitable global system to prevail. The key to reducing the tax gap and consequent human rights deficit in poor countries is global financial transparency. Such transparency is essential to curbing illicit financial flows that drain less developed countries of capital and tax revenues, and are an impediment to sustainable development. A major break-through for financial transparency is now within reach. The policy reforms outlined in this book not only advance tax justice but also protect human rights by curtailing illegal activity and making available more resources for development. While the reforms are realistic they require both political and an informed and engaged civil society that can put pressure on governments and policy makers to act.

The consequences of high-end inequality seep into almost every aspect of human life: it is not just a question for economists. In this highly accessible new work, Professor Shaviro takes an interdisciplinary approach to explore how great works of literature have provided some of the most incisive accounts of inequality and its social and cultural ramifications over the last two centuries. Through perceptive close readings of Jane Austen, Charles Dickens, and Edith Wharton, among others, he not only demonstrates how these accounts are still relevant today, but how they can illuminate our understanding of our current situation and broaden our own perspective beyond the merely economic.

Drawing on their experience as government insiders, the authors of this book show how economic policy is shaped at the highest levels of government. They reveal the interconnections between economic, social and international policy, covering such issues as the advocacy system.