The Republic of Virtue: The Republican Ideal in British and American Property Law

摘要

As the estate tax comes under increasing pressure from all sides, it is important that we determine just how rooted in American ideals such a measure truly is. On the one hand, it is true that Lockean theories of private property remain a stalwart influence on the nation, one which may be used to argue against the estate tax.163 On the other hand, however, the equally venerable theory of republicanism-one adopted and developed by the Framers themselves-can justify its continuation. Applying the principles of republicanism to this specific context, one can see how closely its tenets align with the goals of the estate tax, acting as a method of preventing aristocratic wealth accumulation and defending against gross inequalities that can harm a republic.164 Based upon the stated interests of a republican government in encouraging virtue amongst its citizens, the estate tax can be used to foster the small, independent land-owners that men like Jefferson sought.165 Though it is true that republicanism has some reluctance to redistribute existing wealth, that need not stop it from justifying the use of an estate tax. Whether or not the estate tax survives is yet to be seen. When applying republicanism to it, however, one can see how closely one can follow the other.