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11 Austl. Tax F. 397 (1994)
The Benefit Theory of Taxation

handle is hein.journals/austraxrum11 and id is 405 raw text is: The Benefit Theory
of Taxation
Graeme S Cooper *
This paper begins by placing tax decisions in a constitutional
framework, where political goals constrain economic choices, each
affecting decisions about the choice of tax instrument and the
allocation of the tax burden. Notions of equality are analysed
before turning to the main issue to be explored - the tension
between the ability to pay and benefit principles as norms for
allocating tax burdens in modern societies. The conflict with
social welfare maximisation as an alternative norm is also
discussed.
The paper elaborates the history of the benefit principle and its
modern reincarnations in the works of European theorists and
public choice economists. It concludes by exploring both the
traditional domain of the benefit theory and its greatest alleged
weakness, as a justification for broadly-based income taxation.
*     Associate Professor, University of Sydney Law School. This paper was
written in partial filfilment of the requirements for the degree of Doctor of the
Science of Law in the Faculty of Law, Columbia University.

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