Abstract
This paper explores the economic disparities created and augmented by the Pandemic and implores the state to adopt redistribution schemes based on the philosophy of distributive justice. The pandemic created and augmented gaping class inequalities, by pushing some into unemployment and poverty, while catalysing others’ prosperity. This may or may not have involved a fault element on the part of those that profited from the pandemic, which is to say, while some may have actively exploited the situation to increase their profits at the cost of general interests, others may have simply gained profits while retaining ethical practices in their conduct of business.
This Paper argues that, irrespective of the fault element, States must implement a special financial scheme that necessitates companies that gained enormous profits from the pandemic to contribute towards assisting those who were financially crushed by the pandemic. The paper will build this on the philosophy of distributive justice, examining the ‘difference principle’ as well as ‘luck and responsibility egalitarianism’. Simply put, this means that States must enforce a system that neutralizes the ‘luck’ element that the pandemic induced in the society, through a financial scheme best suited for its situation. This may be achieved through levying a special tax for a period of time on particular business entities and/or by requiring companies to include a special corporate social responsibility project in line with the quantum of additional profits owing to the pandemic.
Arguably, corporate houses that exploited the pandemic must not be placed at par with those that merely happened to profit from it (say, for instance, a pharmaceutical company that may have manipulated the drug market to increase prices and limit supply of an important drug, as opposed to a food/essentials delivery chain that naturally saw an increase in the number of consumers ordering deliveries online). But the obligation to carve out a part of their profits for social redistribution is not founded on whether they are at fault or not. Any fault may, of course, be used as a basis for levying a higher penalty or other legal measure, apart and distinct from the obligation that this paper builds on.
The scheme that is proposed by the Paper is not to penalize but is based on the philosophy of distributive justice and thus does not require that the company was ever in violation of laws, but merely that the pandemic that devastated most people happened to be a profitable enterprise for others in contrast. It is in the State’s interests to negate the widened gap of economic disparities thus created, and this justifies that the Government would require such corporate houses to carve out a fraction of their fortunes for those who suffered severely. The Paper builds primarily on the philosophical foundations of distributive justice, urging its practical implementation in post-pandemic the economy. States must adopt creative measures to restructure patterns of privileges created or amplified by such unprecedented (at least in recent history) circumstances, as the pandemic.
Acknowledgments
I would like to express my sincere gratitude to Dr. Nivedita Chaudhary, Assistant Professor of Law, India International University of Legal Education and Research, Goa, without whose most valuable contribution and suggestions this Paper would not have materialized. I also wholeheartedly thank Dr. Riyanka Baral, Assistant Professor of Economics, India International University of Legal Education and Research, Goa, who took out her valuable time to help me as well.
References
AFP News Agency, Life at the top: Lebanon mountain club dodges economic crisis (July 30, 2020), available at: https://www.youtube.com/watch?v=yzprjjfynZY&feature=youtu.be.Search in Google Scholar
Agarwal, Ruchir, Pandemic Scars May be Twice as Deep for Students in Developing Countries, IMF Blog (February 3, 2022), available at: <https://www.imf.org/en/Blogs/Articles/2022/02/03/pandemic-scars-may-be-twice-as-deep-for-students-in-developing-countries>.Search in Google Scholar
Atkinson, A.b. and Thomas Piketty (eds), Top Incomes over the Twentieth Century: A Contrast between Continental European and English-Speaking Countries (Oxford: Oxford University Press, 2007).10.1093/oso/9780199286881.001.0001Search in Google Scholar
Avi-Yonah, Reuven S., Taxes in the Time of Coronavirus: Is It Time to Revive the Excess Profits Tax? University of Michigan Public Law Research paper, no. 671 (2020).10.2139/ssrn.3560806Search in Google Scholar
Bekker, Konrad, Land Reform Legislation in India, 5 Middle East Journal, no. 3 (1951).Search in Google Scholar
Berkey, Brian, Pandemic Windfalls and Obligations of Justice, 14 Erasmus Journal for Philosophy and Economics, no. 1 (2021).10.23941/ejpe.v14i1.550Search in Google Scholar
Berkhout, Esmé, Nick Galasso, et al.., The Inequality Virus: Bringing Together a World Torn Apart by the Coronavirus through a Fair, Just and Sustainable Economy, Oxfam Briefing paper – January 2021 (Oxford: Oxfam GB, 2021).10.21201/2021.6409Search in Google Scholar
Celasun, Oya, Margaux MacDonald, Lone Engbo Christiansen, The Crisis is Not Over, Keep Spending (Wisely), IMF Blog (November 2, 2020), available at: <https://www.imf.org/en/Blogs/Articles/2020/11/02/the-crisis-is-not-over-keep-spending-wisely>.Search in Google Scholar
“Children in poorest countries lost nearly four months of schooling since start of pandemic – UNESCO, UNICEF and World Bank report finds”, UNESCO Press Release, October 29, 2020.Search in Google Scholar
Connor, Phillip, More than nine-in-ten people worldwide live in countries with travel restrictions amid COVID-19, Pew Research Centre (April 1, 2020), available at: <https://www.pewresearch.org/short-reads/2020/04/01/more-than-nine-in-ten-people-worldwide-live-in-countries-with-travel-restrictions-amid-covid-19/>.Search in Google Scholar
DeVerter, Jeff, In Defense Of Remote Work, Forbes Technology Council (December 2, 2020), available at: <https://www.forbes.com/sites/forbestechcouncil/2020/12/02/in-defense-of-remote-work/?sh=3b7efae144ae>.Search in Google Scholar
Gneiting, Uwe, Nicholas Lusiani and Irit Tamir, Power, Profits and the Pandemic: From corporate extraction for the few to an economy that works for all, Oxfam Briefing paper – September 2020 (Oxford: Oxfam GB, 2020).10.21201/2020.6386Search in Google Scholar
Hanushek, Eric A. and Ludger Woessmann, The Economic Impacts of Learning Losses, Organisation for Economic Co-operation and Development, working paper no. 225 given to the Organisation for Economic Co-operation and Development (September 8, 2020).Search in Google Scholar
Hebous, Shafik, Dinar Prihardini, and Nate Vernon, Excess Profit Taxes: Historical Perspective and Contemporary Relevance, IMF Working paper WP/22/187 (September, 2022).10.5089/9798400221729.001Search in Google Scholar
Hooft, Stan van, Cosmopolitanism: A Philosophy for Global Ethics (McGill-Queen’s University Press, 2009).10.1515/9780773594623Search in Google Scholar
Hope, David, Tax cuts for the wealthy only benefit the rich: debunking trickle-down economics, London School of Economics and Political Science Blog (January 24, 2023), available at: <https://www.lse.ac.uk/research/research-for-the-world/economics/tax-cuts-for-the-wealthy-only-benefit-the-rich-debunking-trickle-down-economics>.Search in Google Scholar
Hope, David and Julian Limberg, The economic consequences of major tax cuts for the rich, 20 Socio-Economic Review, no. 2 (2022).10.1093/ser/mwab061Search in Google Scholar
Kinder, Molly, Katie Bach and Laura Stateler; Profits and the Pandemic: As shareholder wealth soared, workers were left behind, Brookings Metro Report (April 21, 2022).Search in Google Scholar
Knight, Carl, Luck Egalitarianism: Equality, Responsibility, and Justice (Edinburgh University Press, 2009).10.1515/9780748641376Search in Google Scholar
Moscoviz, Laura and David K. Evans, Learning Loss and Student Dropouts during the COVID-19 Pandemic: A Review of the Evidence Two Years after Schools Shut Down, working paper no. 609 given to the Center for Global Development (Washington, March 2022).Search in Google Scholar
Nussbaum, Martha C., Capabilities as fundamental Entitlements: Sen and social justice, 9 Feminist Economics, no. 2–3 (2003).10.1080/1354570022000077926Search in Google Scholar
Pogge, Thomas, World Poverty and Human Rights (Cambridge: Polity Press, 2002).Search in Google Scholar
Reed, Dan, Coronavirus and Service Cuts By Big Airlines Are Inflating Demand For Private Jet Charters After Year Of Strong Sales, Forbes (February 27, 2020), available at: <https://www.forbes.com/sites/danielreed/2020/02/27/coronavirus--service-cuts-by-big-airlines-are-pushing-private-jets-to-near-record-sales-despite-environmentalists-efforts/?sh=17cdbca02a28>.Search in Google Scholar
Sen, Amartya, Development as Freedom (Oxford University Press, 1999).Search in Google Scholar
Sen, Amartya, “Equality of What” in Sterling M. McMurrin (ed.), The Tanner lectures on human values, vol. 1 (Salt Lake City, Utah: University of Utah Press, 1980).Search in Google Scholar
Singer, Peter, Famine, Affluence and Morality, 1 Philosophy & Public Affairs, no. 3 (1972).Search in Google Scholar
Slotman, Julian Rodrick, The long-term impact of COVID-19 on poverty, Policy Brief no. 86 given by United Nations Department of Economic and Social Affairs Economic Analysis (October, 2020).Search in Google Scholar
Stockholm International Peace Research Institute, World military expenditure passes $2 trillion for first time (April 25, 2022), available at: <https://www.sipri.org/media/press-release/2022/world-military-expenditure-passes-2-trillion-first-time>.Search in Google Scholar
Thériault, Annie, Richest 1% bag nearly twice as much wealth as the rest of the world put together over the past two years, Oxfam International (January 16, 2023), available at: <https://www.oxfam.org/en/press-releases/richest-1-bag-nearly-twice-much-wealth-rest-world-put-together-over-past-two-years>.Search in Google Scholar
Thériault, Annie, and Matt Grainger, Big business’ windfall profits rocket to “obscene” $1 trillion a year amid cost-of-living crisis; Oxfam and ActionAid renew call for windfall taxes, Oxfam International (July 6, 2023), available at: <https://www.oxfam.org/en/press-releases/big-business-windfall-profits-rocket-obscene-1-trillion-year-amid-cost-living-crisis>.Search in Google Scholar
Twin, Alexandra, Windfall Profits: What it is, How it Works, Examples, Investopedia (December 19, 2022), available at: <https://www.investopedia.com/terms/w/windfall-profits.asp>.Search in Google Scholar
World Bank, Poverty and Shared Prosperity 2022: Correcting Course (Washington, DC, 2022), available at: <https://openknowledge.worldbank.org/server/api/core/bitstreams/b96b361a-a806-5567-8e8a-b14392e11fa0/content>.Search in Google Scholar
World Food Program USA, How Much Would It Cost to End World Hunger? (August 10, 2022), available at: <https://www.wfpusa.org/articles/how-much-would-it-cost-to-end-world-hunger/>.Search in Google Scholar
Yonah, Avi, Reuven, S., Taxes in the Time of Coronavirus: Is It Time to Revive the Excess Profits Tax? University of Michigan Public Law Research paper, no. 671 (2020).Search in Google Scholar
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