Law & Economics Working Papers Law & Economics Working Papers Archive: 2003-2009 University of Michigan Law School Year 2009 Of Coase, Calabresi, and Optimal Tax Liability Kyle D. Logue∗ Joel B. Slemrody ∗University of Michigan Law School,
[email protected] yUniversity of Michigan Law School,
[email protected] This paper is posted at University of Michigan Law School Scholarship Repository. http://repository.law.umich.edu/law econ archive/art96 Logue and Slemrod: Of Coase, Calabresi, and Optimal Tax Liability 1. Introduction In his 1960 paper “The Problem of Social Cost,” Ronald Coase famously observed that, in a world with zero transactions costs, negotiation among interested parties can overcome the inefficiencies otherwise caused by externalities.1 This is sometimes referred to as Coase’s “efficiency proposition.” Coase further argued that, in this frictionless world, the assignment of legal entitlements or obligations would not affect the ultimate allocation of resources, and therefore the efficiency of this allocation.2 This is sometimes known as Coase’s “invariance proposition.”3 These two propositions collectively make up the so-called Coase Theorem. Thus, for example, in the absence of transaction costs, it is irrelevant whether we give a manufacturer the “right to pollute” or we give the adjoining property owner the “right to be free of pollution.” Either way, the parties will agree to the same (efficient) amount of pollution. Coase also noted that the assignment of legal entitlements can have distributional consequences, despite the absence of transaction costs. Thus, although it makes no difference in terms of efficiency whether the polluter or the pollutee has the relevant legal entitlement, again assuming zero transaction costs, the assignment of the legal entitlement can make a big difference to the parties involved and can dramatically affect their relative wealth.