Behavioral Taxes: Essential Services vs. Behavior Shaping

Taxes fund the essential services of society; education, infrastructure, public safety, defense – all things that underpin our daily lives. These programs aren’t discretionary in an ordered and civil society, and are not easily replicated as individuals or small groups; they’re the supports for our well-being, just like a foundation of a building. A strong society needs a sturdy foundation, and similarly, we shouldn’t take government services for granted. Paying taxes is our contribution to the collective good, ensuring a safe and civilized society.

Evolving Tax Landscape

However, the tax landscape is evolving from taxes that support general purpose basics that serve all citizens as public services to some focusing on specific behaviors1. Tax levies on things like soda, cigarettes, alcohol, single-use bags, gambling, recyclable packaged goods, luxury goods, disposable items, etc. These taxes have a dual purpose: generating revenue and influencing behavior by making certain options less attractive. This raises a critical question: how do we balance the need for essential services funded by traditional taxes with the potential infringement on personal freedoms associated with behavioral taxes and who gets to decide? A fundamental question at the basis of the Social Contracts that form the basis of each country’s constitution (see article on Social Contracts).

Correcting Negative Externalities vs Directing Behaviors

A British Economist named Arthur Pigou described in The Economics of Welfare2 that markets don’t always optimally allocate resources on their own. These “negative externalities” that the market does not include in the price, like a factory polluting a river, don’t cover the cost of the negative health outcomes that may be born from the manufacture and sale of these goods. Hence the term later applied “Pigouvian taxes” illustrate this tension perfectly. Therefore Pigouvian taxes designed to address negative externalities make producers pay for the societal costs of them through taxation, like the aforementioned pollution. While they promote public good, they do so by using the market to influence individual behavior through price changes and market forces. Pigouvian taxes and Behavioral taxes often act the same, by using price and tax mechanisms to influence behavior. However, unlike Pigouvian taxes where you may be able to draw a clear line between correcting for negative externalities like Climate Change by charging a Carbon Tax, behavioral taxes like the Soda tax put into question the government’s role versus individual liberties. It can be said that for example soda leads to weight gain and a higher risk of diabetes, and other health issues and that those increase the cost of healthcare to all, therefore the government has a role in incenting you to stay healthy. However, is this tax really correcting a negative externality or incenting a behavior alone? There is little evidence in cities like Philadelphia that the revenue generated from the soda tax is used to correct the negative externalities by investing in greater health outcomes for soda drinkers3, but to raise general fund revenue for the city. If you want to eat Bacon and Eggs, and smoke three packs of cigarettes, near no one else, a day, while it may not be the best life choices, if you’re paying your own healthcare costs and these choices bring you joy then should the individual be able to make that choice, good or bad?

Choice and Two Tiered Societies

This raises concerns about individual freedom and a potential two-tiered society where only the wealthy can afford certain “vices.” So while some Behavioral taxes are Pigouvian taxes attempting to correct, and direct funds to remediate negative externalities, others are clearly not and just designed to incent behaviors and raise revenue. These types of taxes clearly incent folks economically, potentially limiting choices individuals would make naturally. While we may be doing good, we should question if that is something we wish to regulate ourselves on. Not only does it regulate choice, but most of these behavioral taxes are highly regressive. Soda taxes, Cigarette taxes, Alcohol taxes all have higher impacts on those on the lower social economic scale, impacting a larger percentage of their income. Do we want to create a society where only wealthy people get to choose their vice while everyone else is effectively economically locked out, or should everyone be able to choose the type of drink they want, the bag they want to use, if they want a straw for their drink, etc.

The Sweet Spot

The heart of the issue lies in finding the sweet spot between government intervention and individual liberty. It’s a balancing act. On one side sits the government’s role to promote public health and well-being, while the other represents our individual rights and freedoms. Behavioral taxes aren’t meant to be a direct attack on our choices. They’re designed to “nudge” us towards healthier or more sustainable options. Imagine a parent encouraging their child to eat fruit by making vegetables less appealing – that’s the basic idea. Behavioral taxes aim to make the less desirable option less attractive.


However, the potential for a two-tiered society is a valid concern. When only the wealthy can comfortably afford a sugary drink, it creates an equity issue. The challenge is designing these taxes effectively without disproportionately burdening lower-income individuals. Solutions like using tax revenue to subsidize healthier alternatives can ensure that everyone has access to better choices, not just those who can afford them.


Optimally, we want to create an environment where healthy and sustainable choices are the most attractive option for everyone, but through their own choice. It’s not about imposing a nanny state, but about gently guiding society towards a better future. As we navigate this complex landscape, careful consideration is crucial. Behavioral taxes should be implemented with a keen eye on their broader impact. Only we as individuals can strike the right balance between funding essential services and safeguarding our individual liberties.

Behavioral Taxes: Essential Services vs. Behavior Shaping

Sunshine Week

About Sunshine Week

Sunshine Week is a national nonpartisan collaboration aimed at raising awareness about the importance of open government and public access to information. It takes place annually in mid-March, coinciding with the birthday of James Madison, the fourth President of the United States and a strong advocate for an informed citizenry. In 2024 Sunshine week is March 10-16th. Sunshine week shines the light on the importance of looking at dark and hidden areas, and exposing them to the light of day for everyone to see. Things that live in the dark, cold, and wet recesses of our world often rot, and fester and only by exposing them to the light can they be cleaned and renewed.

“Sunlight is said to be the best of disinfectants”

Louis Brandeis

Sunshine Week’s Goals

  • Promote transparency and accountability within government agencies.
  • Educate the public about their right to access government records.
  • Encourage the use of Freedom of Information (FOI) laws to obtain public information.

How does Tax Project fit in with Sunshine Week?

The Tax Project believes firmly behind the ideals of Sunshine Week: Transparency, Open Government, and that citizens have the right and need to stay informed and be educated into what the Government does on our behalf. The Tax Project Institute’s Mission is to provide transparency to Citizens with respect to where their taxes are spent, and what they contributed. Every American has the right to know these basics. It is our strong belief that transparent, clear, and open information creates a more informed Citizenry which in turn results in a stronger, safer, and more prosperous America.

How did it come about?

Sunshine Sunday began in Florida in 2002, led by the Florida Society of Newspaper Editors. National Sunshine Week was launched in 2005 by the American Society of News Editors (which merged with the Associated Press Media Editors in 2019 to become News Leaders Association), with the support of the John S. and James L. Knight Foundation. As of December 2023, Sunshine Week is coordinated by the Joseph L. Brechner FOI Project at the University of Florida College of Journalism and Communications.

What should we take away?

  • That government transparency, and openness is a right of every American
  • That exercising that right, strengthens America
  • That educating yourself on your government is an obligation of Citizenship
  • That everyone plays the most important role in our Democracy: Citizen

Sunshine Week

The Unwritten Pact: Exploring the Social Contract in Modern Times

Imagine a vibrant tapestry woven from the threads of history, philosophy, and the aspirations of a nascent nation. This tapestry, constantly evolving and adapting, embodies the American social contract – an implicit understanding between citizens and their government, defining the delicate balance between individual liberties and collective responsibility, rights, and obligations. But within its intricate design, we can discern the distinct threads drawn from the ideas of our Founding Fathers, shaping the contract we strive to uphold today.

But how aware are we, the threads themselves, of this underlying fabric? Few can readily articulate the intricate details of the social contract in today’s complex world. Yet, we enter it every day, knowingly or unknowingly, through our participation in society. Our decisions to obey laws, pay taxes, and contribute to the collective good are tacit endorsements of this unspoken agreement.

Social Contract

The concept of a social contract has a rich history. Early philosophers like Plato and Aristotle grappled with the ideal form of government, suggesting that individuals surrender some freedoms for the benefits of a stable and just society. Later, Thomas Hobbes argued in “Leviathan” that humans, naturally in a state of war, agree to give up some liberties to a sovereign power in exchange for security and peace.

Jean-Jacques Rousseau, in his seminal work “The Social Contract,” further refined the concept. He envisioned a society where individuals, through an implicit agreement, create a collective identity and delegate power to a government that reflects their shared will. This agreement, he argued, ensures the common good outweighs individual interests.

Why Social Contracts?

Why are Social Contracts crucial? Before you can answer that, you have to ask WHY do we have a Government, and if we need one WHAT do they provide? A Social Contract does just that, it defines the basic relationship between an individual and Government, and in return for giving up some of your liberties, what responsibilities you place upon Government. They define the government’s role in providing essential services like infrastructure, education, and healthcare. These services, deemed valuable by the collective, that cannot be effectively provided by individuals alone. In return, citizens contribute through taxes, upholding the law, and participating in civic life. This reciprocal relationship forms the backbone of any functioning society. Our Founding Fathers debated vigorously over these items between compromises over individual rights, Federalism (strong central government), States Rights (Commonwealths), and Limited Government. We fought a Civil War upholding equal justice and rights under the law. The New Deal expanded government greatly into Social and Economic Security by encroaching on individual rights for the collective good. The debate goes on today with taxation and that a relatively few pay the vast proportions of our taxes, and what is fair, and should government be a redistribution tool. It lives on in regulation as seen in the banking and real estate sectors with the Great Recession and Gun Control debates. It is pervasive in our digital world with Privacy debates between safety and civil liberties.

America’s Social Contract

These threads are woven into the fabric of our society:

The Threads of Security and Sovereignty: Our founders, weary of tyranny and longing for self-governance, enshrined safety, and sovereignty as foundational threads. John Locke’s concept of natural rights, including the right to life, liberty, and property, became cornerstones of the Declaration of Independence. The Constitution further solidified these rights, establishing a sovereign government bound by law, responsible for securing its citizens from external threats and internal disorder. Yet, this security came with the implicit surrender of some freedoms – the acceptance of laws and regulations in exchange for collective protection.

The Threads of Freedom and Fairness: The struggle for freedom of speech, religion, and assembly echoed throughout history, informing the American tapestry. Inspired by Enlightenment thinkers like Voltaire and Montesquieu, the Bill of Rights guaranteed these essential liberties, recognizing their vital role in fostering individual expression and preventing the rise of oppressive regimes. This thread, however, remains in constant tension with the need for order and public safety, demanding ongoing negotiation and refinement.

The Threads of Equality and Justice: The ideals of equal justice and the right to rebel under tyranny were threads woven from the experiences of diverse groups seeking freedom and opportunity. The Declaration’s bold assertion that “all men are created equal” laid the foundation for the long and arduous struggle towards a more just society. However, reality often fell short of the ideal, requiring continuous efforts to strengthen this thread and ensure equal protection under the law for all.

The Threads of Individualism and Collective Responsibility: The concept of a commonwealth, where individuals contribute to the greater good, was present in the writings of Thomas Paine and others. This thread intertwines with the emphasis on individual responsibility, acknowledging that individual freedoms thrive within a framework of shared values and civic participation. The social contract demands active citizenship, not just the passive enjoyment of benefits, reminding us that our individual choices and actions contribute to the well-being of the whole.

Balance

However, no relationship is without its trade-offs. Our adherence to the social contract demands we surrender some individual freedoms for the collective good. We accept taxation, regulations, and limitations on personal behavior in exchange for stability and shared benefits. Striking the right balance between individual liberty and collective responsibility is a constant negotiation, a dynamic tension that defines the evolution of societies.

The danger arises when governments overstep their bounds, violating the implicit trust of the social contract. Excessive surveillance, regulation, taxation, unchecked power, or policies that disregard the needs of the citizens chip away at this unwritten agreement. When the perceived benefits of the contract no longer outweigh the sacrifices, social unrest and a breakdown of order can occur.

“Any government powerful enough to give you everything you want is strong enough to take everything you have” attributed to Thomas Jefferson

Maintaining a healthy social contract demands constant vigilance and active participation. We must understand our rights and responsibilities, holding our governments accountable for fulfilling their obligations and maintaining our individual liberties.

Civic Duties

So, the next time you pay taxes, vote in an election, or simply follow the rules of the road, remember, you are participating in a grand experiment known as a social contract, about the terms of our shared existence. The social contract, though woven from unspoken threads, forms the very fabric of our civilization, and its continued strength depends on our collective awareness and engagement. At the Tax Project we believe that all citizens should be participants in this intricate fabric, ensuring the tapestry of America remains vibrant and strong and that what the government provides, how we are taxed, and regulated, and the freedoms we give up in exchange should be open and transparent to all and be conscious decisions of every Citizen. The Social Contract hinges on citizens understanding our Tax system and supporting responsible policies to ensure this cornerstone of American society remains viable and thrives.

The Unwritten Pact: Exploring the Social Contract in Modern Times

Tax Project Institute

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