Tax, moral obligation and the rule of law

This issue – or confusion of issues – has been troubling me for some time. Let me start with three declarations. First, I used to be a tax lawyer. Second, for me, the obligation to pay tax can ultimately only be a legal one, and not a matter of morals. Third, I’m not in favour of complex, elaborate, or artificial, tax avoidance schemes.

“If we truly believe in the rule of law, there can be no residual notion of a moral obligation to pay tax.”

Legalised confiscation

First, some basics. The purpose of taxation is to finance the State. Indeed, the origins of tax lie in raising money to finance wars. (As an aside, because of the unwillingness of earlier generations to contemplate a permanent state of war, even today income tax is only an annual measure which has to be confirmed and reimposed by Parliament every year, hence the need for an annual Finance Act. So what irony, then, that although we raise more than enough money each year through taxation to finance our defence, governments of all persuasions in recent years have so cut back on defence funding in their allocation of tax revenues raised that our ability to defend ourselves effectively must now be questionable.)

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Restoring a future for law

I was privileged earlier this month to be invited to deliver the keynote address at the 2013 Futures Conference organised by the College of Law Practice Management and held at the Chicago-Kent College of Law.  My theme was the future of law.  The speech is available as a video (starting about 15 minutes in and with microphone on at around 16:30 minutes!).  However, I also thought it would be worth writing it up as a paper (which is not a direct transcript).  It’s available here.

In summary, the paper addresses three themes: (1) What is Law for?  (2) What are lawyers for?  (3) The Future.  The first two questions to my mind provide necessary answers to the fundamental question, What next for Law?  For each theme, I suggest a proposition.  The substance of the argument is that both law and lawyers have lost sight of their true purpose and that reconnecting with both is essential to enabling a meaningful and worthwhile future for law.

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ABS two years on: cautiously optimistic

We are just at the second anniversary of licences being issued for alternative business structures (ABSs).  In the first year, about 40 licences were issued, and progress seemed slow. A year later, there are still only two licensing authorities, but there have been roughly another 200 new licences. The licences we expected for Abbey Protection, AIM-listed Quindell, Knights (backed by James Caan), and BT Law have all emerged.  Conveyancing Direct (connected to Connells estate agency and Skipton Building Society) and Jordans (the publisher) have gained licences, as has DAS Law (Bristol law firm acquired by the legal expenses insurer, itself part of insurance giant Munich Re).

The rate of ABS adoption is hotting up.  Or is it?

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