Law for the Rich

被引:0
作者
Raskolnikov, Alex [1 ]
机构
[1] Columbia Law Sch, Wilbur H Friedman Prof Tax Law, New York, NY 10027 USA
关键词
COMPETITIVE BALANCE; INCOME-TAX; TAXATION; RULES;
D O I
暂无
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
With top incomes and wealth reaching historic highs, scholars and politicians have proposed new taxes and novel legal rules aimed at reversing the emergence of the new Gilded Age. Yet while new taxes target the rich directly by imposing greater burdens only on those with incomes or wealth above multi-million-dollar thresholds, none of the proposed legal reforms do anything of the sort. There appears to be no interest in changing property law, corporate law, antitrust law, or labor law, among others, to have special, more burdensome rules applicable only to the rich. This Article asks: Why not? Why shy away from a separate law for the rich if one supports both progressive taxation and distribution- ally informed legal rules in general? This puzzle, it turns out, is surprisingly difficult to solve. Neither political philosophy nor economic analysis nor practical design considerations offer a plausible answer. Looking for clues outside of legal theory suggests that a separate law for the rich would be widely viewed as unfair because it imposes burdens that are obvious, highly concentrated, and possibly contrary to one of the fundamental elements of law itself. Redistribution through legal rules, it turns out, is limited in a way that redistribution through the tax law is not. Law for the rich is not a solution to the emergence of the new Gilded Age. Reformers must look for other ways of achieving a more prosperous and more just society.
引用
收藏
页码:1399 / 1452
页数:54
相关论文
共 176 条
  • [1] Adler M.D., 2006, New foundations of cost-benefit analysis
  • [2] ADLER MATTHEW D., 2019, MEASURING SOCIAL WELFARE: AN INTRODUCTION, P24
  • [3] Adler Matthew D., 2010, A COMPANION TO PHILOSOPHY OF LAW AND LEGAL THEORY, P593
  • [4] Against "individual risk": A sympathetic critique of risk assessment
    Adler, MD
    [J]. UNIVERSITY OF PENNSYLVANIA LAW REVIEW, 2005, 153 (04) : 1121 - 1250
  • [5] Alexander L, 2023, U CHICAGO LAW REV, V90, P273
  • [6] americanbar.org, Asset Protection Planning: Estate Planning Information & FAQs: Asset Protection Planning, A.B.A.
  • [7] Andrias K, 2016, YALE LAW J, V126, P2
  • [8] [Anonymous], 2023, New Circular A-4: A Revolution in Cost-Benefit Analysis
  • [9] [Anonymous], 2022, RESTATEMENT (FOURTH) OF PROP. 4.6 (AM. LAW INST., Tentative Draft No. 3
  • [10] [Anonymous], 2024, WIKIPEDIAOct. 4