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the view that the state is based on a social contract. Rights entail
duties and services entail counterservices; T h e state protects the
life and property of its members, and it is therefore the duty of the
members to contribute to its expenses. Hobbes, Grotius, Pufen-
dorf, and almost all later philosophers of natural law, developed
their fiscal theories from the principle of interest.
T h e idea of a social contract recurs in various forms. Sometimes
the state is considered as a corporation in which the citizens have
different shares and therefore different obligations to contribute
funds. O r again, the state is compared with an insurance c o m p a n y
which insures the citizens against certain risks. It is therefore
entitled to impose premia proportional to those risks. T h e argu-
ment is always that we must pay taxes according to our interest in,
and the benefits derived from, the activities of the state.
This theory usually led to the demand for taxation proportional
to property or income. 3 T h e argument is that citizens have an
interest in the activity of the state in proportion to their economic
status. T h e principal task of the state is to protect property. A t a
time when the wealthier classes were largely exempted from taxa-
tion, this was a radical doctrine. Later, the same theory became one
of the main conservative arguments against progressive taxation.
T h e same principle was also used to support quite different
recommendations. Occasionally, regressive taxation was demanded,
i.e. that the poor should carry a proportionally heavier burden
than the rich because the state was held to protect not only
property but also life and liberty, and these are equally valuable to
poor and rich. O r again, especially later, progressive taxation was
demanded on the ground that risks grow more than proportion-
ally with increasing property and income. Some argued the oppo-
site and came to the opposite conclusions. Sometimes, the demand
for progressive taxation was differently motivated. T h u s Sismondi
argued that the main function of the state is to prevent the poor
from robbing the rich. It is therefore right and proper that the
rich should pay for their protection. These arguments are intended
only as illustrations of the variety of the arguments and their
possible interpretations and motivations.
T h e older version of the principle of interest dominated the
theory of taxation for a considerable time. (We shall discuss its
modern version later.) It survived until very recently in French
thought which is more prone to the ideas of natural law. But
But this is not the place for a discussion of all these interesting
arguments. W h a t is inconclusive or faulty in them stems from the
manner in which the main problem is stated. O n l y the central
position shall be criticized here.
T h e decisive question is: what precisely does the assumption of
a correct distribution of income and property mean? Must this
condition be fulfilled before or after taxation? Clearly not after
taxation, for the theory would then be circular. Taxation would
indeed be just, but only because it would be one of the causes of
an ex hypothesi just situation. A n y kind of taxation would by
definition fulfil the condition of justice.
Therefore the assumption of a just distribution must refer to
the situation before taxation. O n Lindahl's own view, before the
purely fiscal problem is solved, all unjustly owned property must
be transferred to society. Just taxation should be applied to a just
system of ownership. This requirement must be taken seriously for
the theory demands that 'purely fiscal' taxation should be deter-
mined by its marginal utility.
T h e assumption that ownership conditions before taxation
should be just presupposes that they must either be known or at
least be capable of being known. Otherwise it is impossible to say
whether they are just or whether socio-political corrections should
precede purely fiscal taxation.
N o w the scope of taxation and of public activity in a modern
community is very wide. Even if it were narrower, it would be
quite impossible to make even a rough guess of what ownership
conditions would be in their absence. Y e t such a guess would be a
necessary condition for deciding what socio-political taxation
should precede fiscal taxation. As we have seen, these reforms
must apply to this hypothetical situation, or else the argument
becomes circular and 'valid' for any form of taxation. It is clearly
circular to assume that socio-political corrections should be
applied to the actual situation of which purely fiscal taxation of
whatever kind is one of the causes. A n y correct final situation can
be brought about by a number of different combinations of the
two types of taxes. Socio-political taxation, which ought to be the
condition of purely fiscal taxation, would be made to depend upon it.
Moreover, we cannot just assume some abstract pre-tax situa-
tion, as we assume 'free competition' for some theoretical
arguments. It is not enough to say that in a society of a certain