Inheritance and the Right to Bequeath
Legal and Philosophical Perspectives
- 240 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
Inheritance and the Right to Bequeath
Legal and Philosophical Perspectives
About this book
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.
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Information
Table of contents
- Cover
- Half Title
- Series
- Title
- Copyright
- Contents
- 1 Introduction
- 2 What, if anything, is wrong with bequest? A preliminary sketch
- 3 The morality of charitable bequests
- 4 Is the right to bequeath a supernatural power?
- 5 The right to bequeath as a common legal power
- 6 Property rights and the power to transfer
- 7 The double function of inheritance: Rethinking conditional bequests
- 8 Remembrance, esteem, and the right to bequeath
- 9 Inheritance law and the challenge of securing care in old age: A three-pronged solution
- 10 Natural right or convention? Fichte on the status of the right to bequeath property and the right to inherit property
- 11 Property in the tension between family and civil society: Inheritance according to G. W. F. Hegel and Eduard Gans
- 12 Inheritance tax, justice and family businesses
- 13 Taxing wealth and wealth transfers in the 21st century
- List of contributors
- Index