Affiliation:
1. University of Belgrade Faculty of Law, Serbia
Abstract
Since for much of the 20th century the comparative law was developing as the comparative private law, with subsequent inclusion of constitutional, administrative and criminal law, comparisons of national tax systems were until recently marginal. The examination of the methods appropriate for the comparative tax law was especially neglected. Assuming that method in comparative law can be identified by techniques of comparisons, the authors considered dilemma whether the starting point for comparisons is praesumptio similitudinis or presumption of difference. Stemming from diversities of these assumptions, two methodological approaches in the comparative (tax) law have developed – functionalism (based on presumption of similarities) and cultural differences approach, from which critical approach subsequently emerged. Having analysed advantages and disadvantages of both approaches, the authors elaborated the basics of „cultural functionalism“, based on the inclusion of cultural context into the research of the ways how tax laws subject to comparison solve the given problems.
Publisher
University of Belgrade Faculty of Law (Publications)
Reference81 articles.
1. Alesina, Alberto, Enrico Spolaore. 2003. The Size of Nations. Cambridge, Ma: MIT Press.
2. Ault, Hugh J., Brian J. Arnold. 2010. Comparative Income Taxation. A Structural Analysis. Alphen aan den Rijn: Wolters Kluwer.
3. Avi-Yonah, Reuven, Nicola Sartori, Omri Marian. 2011. Global Perspectives on Income Taxation Law. Oxford: Oxford Uni-versity Press.
4. Barker, William. 3/2005. Expanding the Study of Comparative Tax Law to Promote Democratic Policy: The Example of the Move to Capital Gains Taxation in Post-Apartheid South Africa. Penn State Law Review 109: 703–727.
5. Beyer, Vicki L. 2/1992. The Legacy of the Shoup Mission: Taxation Inequities and Tax Reform in Japan. Pacific Basin Law Review 10: 388–408.