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A New Contractarian View of Tax and Regulatory Policy in the Emerging Market Economies*

Published online by Cambridge University Press:  18 June 2009

Robert H. Frank
Affiliation:
Economics, Cornell University

Extract

Recent decades have seen a resurgence of contractarian thinking about the nature and origins of the state. Scholars in this tradition ask what constraints rational, self-interested actors might deliberately impose upon themselves. In response, Hobbes, Rousseau, Locke, and other early contractarians answered that laws of property were an attractive alternative to “the war of all against all.” More recently, James Buchanan, Russell Hardin, Mancur Olson, Gordon Tullock, and others have used contractarian principles to justify laws that solve a variety of Prisoner's Dilemmas and other collective-action problems. And in the distributional realm, John Rawls and others have applied contractarian analysis to investigate how material wealth ought to be allocated among people.

Type
Research Article
Copyright
Copyright © Social Philosophy and Policy Foundation 1993

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References

1 Buchanan, James, The Limits of Liberty (Chicago: University of Chicago Press, 1975)Google Scholar; Buchanan, James and Tullock, Gordon, The Calculus of Consent (Ann Arbor: University of Michigan Press, 1962)CrossRefGoogle Scholar; Hardin, Russell, Collective Action (Baltimore: Johns Hopkins University Press, 1982)Google Scholar; Olson, Mancur, The Logic of Collective Action (Cambridge: Harvard University Press, 1965).Google Scholar

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6 Pursuing a similar line of thinking, David Gauthier argues that rational persons might want to predispose themselves to behave in a variety of seemingly irrational ways. See Gauthier, , Morals by Agreement (Oxford: Oxford University Press, 1985).Google Scholar

7 For a discussion, see Frank, , Choosing the Right Pond, ch. 12.Google Scholar

8 For an extensive summary of this evidence, see ibid., ch. 2.

9 People who report that they are not happy, for example, are more likely to experience headaches, rapid heartbeat, digestive disorders, and related ailments. Those who rate themselves as very happy are more likely than others to initiate social contacts with friends. For a more detailed survey of this evidence, see ibid.

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15 For a discussion of these laws, see Coleman, James S., Foundations of Sodai Theory (Cambridge: Harvard University Press, 1990), ch. 16.Google Scholar

16 Conflicts arise, naturally, when not all workers share the concerns that give rise to positional arms races. For an extensive discussion of how rights might best be allocated in such conflicts, see Frank, , Choosing the Right Pond, ch. 11.Google Scholar

17 Rawls, , A Theory of Justice (see n. 2 above), p. 151.Google Scholar

18 Ibid., p. 143.

19 See Barry, Brian, “Reflections on ‘Justice as Fairness,’” in Justice and Inequality, ed. Bedau, Hugo (Englewood Cliffs: Prentice Hall, 1971).Google Scholar

20 Of course, it was not Rawls's intent to explain the actual practices that societies adopt.

21 As noted above (n. 6), Gauthier pursues a similar line of thinking; see his Morals by Agreement.

22 See Frank, , Choosing the Right Pond.Google Scholar

23 For a more complete development of the argument to follow, see ibid., chs. 3–6.

24 This is not to say that the rich derive satisfaction from comparing themselves to the poor. But among the rich, as among other groups, it is better to have high rank than low rank. Group A, which is rich, benefits from its comparison with Group B, which is also rich, but slightly less so. B, in turn, benefits from its comparison with C, and so on down to the poorest group. The poorest group thus benefits the richest group indirectly. It constitutes the first link in a chain of comparisons that would unravel if the poorest group were to withdraw.

25 Frank, , Choosing the Right Pond, ch. 6.Google Scholar

26 Pressures toward such fragmentation were indeed very much in evidence during the period preceding passage of the Sixteenth Amendment to the Constitution. See Ratner, Sidney, American Taxation (New York: W. W. Norton, 1942).Google Scholar

27 Quoted by Smith, Robert S., “Compensating Differentials and Public Policy: A Review,” Industrial and Labor Relations Review, vol. 32 (1977), pp. 11, 12.Google Scholar

28 Note that the taxes paid by the firm are not included in our reckoning of the social costs of the tax alternative, because this money is not lost to society. It can be used to reduce whatever taxes would otherwise have to be levied on citizens. A more complete account of the effects of such taxes would have to account for monitoring and enforcement costs, and the possible waste associated with efforts at tax avoidance.