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Re-imagining tax justice in a globalised world

Abstract:

In this chapter I explain why designing a country’s tax policy with the elasticity of taxpayers’ choices of residency in mind, although a rational welfare-maximising move by the state as a whole, and possibly even for its immobile as well as mobile constituents, is a policy that may not be justified under a liberal-egalitarian social contract.

I discuss two polar views of the social contract. One endorses the state with the coercive power to promote the joint interests of its constituents. The other views the coercive power of the state as a way to fulfil the collective will of its constituents as a society of equals, in order to promote who they are as people. If states’ coercive power is based on equal respect and concern, a policy that undercuts such equality might not be justified. The state thus faces a dilemma: taking into account the increased electivity of taxation (by some) could undermine the normative foundations of the power of the state to tax. Ignoring such increased electivity, on the other hand, may limit the potential of some individuals and the state as a whole to flourish.

Publication status:
Published
Peer review status:
Peer reviewed

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Files:
Publisher copy:
10.5040/9781509935024.ch-010

Authors

More by this author
Institution:
University of Oxford
Division:
SSD
Department:
Law
Oxford college:
Worcester College
Role:
Author
ORCID:
0000-0001-7657-253X

Contributors

Role:
Editor
Role:
Editor


Publisher:
Hart Publishing
Host title:
Tax Justice and Tax Law: Understanding Unfairness in Tax Systems
Pages:
169-186
Chapter number:
10
Place of publication:
Oxford
Publication date:
2020-09-28
Edition:
1
DOI:
EISBN:
9781509935024
ISBN:
9781509934997


Language:
English
Subtype:
Chapter
Pubs id:
2020851
Local pid:
pubs:2020851
Deposit date:
2026-02-07
ARK identifier:

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