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LAW, TAXES, INEQUALITY, AND SURPLUS.
- Source :
-
Boston University Law Review . May2022, Vol. 102 Issue 4, p1329-1352. 24p. - Publication Year :
- 2022
-
Abstract
- In this contribution to the Boston University Law Review Symposium on Law, Markets, and Distribution, I introduce an important new exception to the presumption that the tax system is superior to the legal system as a tool to redistribute wealth. When legal rules are used to divvy up a surplus, there is no a priori reason to prefer the tax-and-transfer system over the legal system to address inequality. This is the "surplus-sharing exception." This surplus-sharing exception is noteworthy for two reasons. First, because surplus is ubiquitous, the surplus-sharing exception represents a major caveat to the presumption that the tax system is superior to the legal system as a tool to redistribute wealth. Second, and more specifically, surplus-sharing laws that regulate market transactions are a particularly useful pathway through which the legal regime can divvy up surplus, and so laws that regulate market activity are often superior to the tax-and-transfer system as a way to address inequality. The discussion begins with a concrete example illustrating why a tax-andtransfer approach is not presumptively more efficient than legal rules as a way to address inequality when the task involves divvying up a surplus. [ABSTRACT FROM AUTHOR]
- Subjects :
- *JUSTICE administration
*WEALTH management services
*TAXATION
*SURPLUS (Economics)
Subjects
Details
- Language :
- English
- ISSN :
- 00068047
- Volume :
- 102
- Issue :
- 4
- Database :
- Academic Search Index
- Journal :
- Boston University Law Review
- Publication Type :
- Academic Journal
- Accession number :
- 157144517