ABSTRACT

In every Western democracy today, inheritances have a very profound influence on people’s lives. This motivates renewed scholarship on inheritance law by philosophy and the legal sciences. The present volume aims to contribute to some ongoing areas of inquiry while also filling some gaps in research.

It is organized in a highly interdisciplinary way. In the thirteen chapters of the book, written by outstanding philosophers and legal scholars, the following questions, among others, are discussed: What is the nature of the right to bequeath? What are the social functions of bequest and inheritance? What arguments concerning justice have philosophers and legal scholars advanced in favour or against practices of bequest and inheritance? How should we think about taxing the wealth transfers that occur in bequest and inheritance? In discussing these questions, the authors break new ground and offer much needed insight into several related domains, such as the philosophy of law; legal theory; general and applied ethics; social and political philosophy; theories of justice; and the history of legal, political, and economic thought.

This book will be of great interest to scholars in these areas as well as policy-makers.

chapter Chapter 3|21 pages

The morality of charitable bequests

chapter Chapter 6|16 pages

Property rights and the power to transfer

chapter Chapter 7|17 pages

The double function of inheritance

Rethinking conditional bequests

chapter Chapter 9|22 pages

Inheritance law and the challenge of securing care in old age

A three-pronged solution

chapter Chapter 11|17 pages

Property in the tension between family and civil society

Inheritance according to G. W. F. Hegel and Eduard Gans