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Private Property and Tax Policy in a Libertarian World: A Critical Review


David G. Duff


UBC Faculty of Law


Canadian Journal of Law and Jurisprudence, Vol. 18. No. 1, pp. 23-45, 2005
U Toronto, Legal Studies Research Paper No. 06-05

Abstract:     
The idea that taxes involve the confiscation of private property is widely held in popular thinking and scholarly writing. This article challenges the libertarian foundations of this assumption by critically examining libertarian theories of private property and their implications for tax policy. Part II summarizes the leading libertarian theories of private property, reviewing John Locke's argument in the Second Treatise of Government and Robert Nozick's account in Anarchy, State, and Utopia. Part III examines the implications of these libertarian theories for tax policy, considering libertarian prescriptions for substantive tax measures as well as institutional arrangements that affect tax policy outcomes. Part IV criticizes libertarian theories of private property, casting doubt on tax thinking that relies on these libertarian foundations. Part V considers the implications of this critique for tax policy and tax scholarship.

Number of Pages in PDF File: 24

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Date posted: May 9, 2005 ; Last revised: October 26, 2010

Suggested Citation

Duff, David G., Private Property and Tax Policy in a Libertarian World: A Critical Review. U Toronto, Legal Studies Research Paper No. 06-05. Available at SSRN: http://ssrn.com/abstract=719742

Contact Information

David G. Duff (Contact Author)
UBC Faculty of Law ( email )
1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada
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