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Tax Law

The Peter A. Allard School of Law

Series

2005

Taxation; private property

Articles 1 - 1 of 1

Full-Text Articles in Law

Private Property And Tax Policy In A Libertarian World: A Critical Review, David G. Duff Jan 2005

Private Property And Tax Policy In A Libertarian World: A Critical Review, David G. Duff

All Faculty Publications

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. …