Marriages as Assets? Real Freedom and Relational Freedom

Arguing About Justice: Essays for Philippe Van Parijs, Axel Gosseries and Yannick Vanderborght eds., 2011

Yale Law School, Public Law Working Paper No. 280

11 Pages Posted: 19 Feb 2013 Last revised: 10 Dec 2013

See all articles by Anne Alstott

Anne Alstott

Yale University - Law School

Date Written: April 29, 2011

Abstract

In Real Freedom for All, Philippe Van Parijs advocates a tax on wages. Jobs, he contends, constitute a scarce resource that -- like inherited wealth -- should be taxed in order to fund the highest possible basic income. The same logic, it would seem, could justify taxing other scarce goods -- like marriage partners. Van Parijs considers the analogy and concludes that marriage partners might indeed be sufficiently scarce to warrant taxation. But Van Parijs stops short of proposing a tax on marriage.

This essay considers the possibility of a marriage tax. I conclude that marriage partners are not scarce in principle: that is, it is possible to craft first-best arrangements that guarantee everyone a fair chance to marry. But, given the legal and social conditions that today (unjustly) deny some the legal rights and economic resources they need to marry, a tax on those who can and do marry has some appeal.

Keywords: marriage, Van Parijs, real freedom, taxation

Suggested Citation

Alstott, Anne L., Marriages as Assets? Real Freedom and Relational Freedom (April 29, 2011). Arguing About Justice: Essays for Philippe Van Parijs, Axel Gosseries and Yannick Vanderborght eds., 2011 ; Yale Law School, Public Law Working Paper No. 280. Available at SSRN: https://ssrn.com/abstract=2220397

Anne L. Alstott (Contact Author)

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

HOME PAGE: http://www.law.yale.edu/faculty/AAlstott.htm

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