To be theft, it needs to be unlawful. The root of theft is personal greed or desperation… Intent is vital in judging the morality of actions.
I disagree with the first, but agree with the second.
The law represents crimes and vices that we have chosen to prosecute through legal means. It is possible for something to be a crime or a vice, without legal prosecution. It is also possible for something to be illegal which is neither a crime nor a vice. Crimes are defined as trespasses against the rights of others. For instance, abortion is clearly a crime against someone else’s right to life. But it is not currently illegal.
In Natural Law, theft can be defined as taking someone’s property against their will. The person’s intentions for taking the property is used for judging the morality of the theft (whether it is justified), but not whether the action constitutes theft. Just as the draft is a crime against a person’s liberty, but we have decided that it is not immoral or illegal. It is still a crime to force someone to kill someone else, but we have decided to tolerate the crime in order to serve a higher purpose (national defense). In the same way that we tolerate theft in order to serve a higher purpose (providing for the general welfare).Some people chafe under that, but that is the current state of our social contract.
Without taxation, the state would cease to work effectively. This is something that we all just have to deal with if we want society to function at all. But that does not make the draft, taxation, fines, prisons, etc. *good *things. They are things we put up with so that we do not have to live in anarchy. If society could function just as well without those things, we’d all be better off. But since that doesn’t work except in Utopia, somebody is going to have to get some hired guns and go take people’s stuff, lock them up, kill them, and send them off to war. Even against their will. That is the price we all pay for living in a country that isn’t a toilet. Sometimes life just sucks that way, but Jesus never promised us that life
wouldn’t suck.
On the other hand, oppressive tax regimes make life suck more than is necessary. We don’t have to be tax masochists. Just because a bit of taxation is justified, doesn’t mean that “more is better”. We should not be taxing people just because we get a kick out of taking their property away, but only as much as is necessary to “provide for the general welfare”.
Then the debate begins: what constitutes a level of acceptable “general welfare”? Three hots and a cot? Clothes and basic medical care? A home of one’s own? A nice car and a cell phone? Designer jeans and a new washing machine? Where does one stop? At what point have we moved pass “general welfare” and moved into “general prosperity”? At what point do we leave caritas and enter socialism?
Also, is income redistribution always the best method for that welfare? Are not other state-run policies often a better method for it? For instance, if protecting the family reduces poverty, wouldn’t undermining patriarchy *reduce *the general welfare, rather than providing for it? So couldn’t oppressive income taxes (which men primarily pay) and redistribution of that income (primarily to unmarried women) be considered a policy that goes against the general welfare principle? Because it undermines marriage?
That was what Rerum Novarum was about, at it’s core. Leo XIII was saying, “Yes, solidarity is important. Yes, we should care for the poor. But we should balance that service with the protection of property, so that we do not inadvertently (or by design) damage the patriarchy, in our attempts at caritas.”