Inheritance And The Right To Bequeath

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.

Daniel Halliday examines the moral grounding of the right to bequeath or transfer wealth. He engages with contemporary concerns about wealth inequality, class hierarchy, and taxation, while also drawing on the history of the egalitarian, utilitarian, and liberal traditions in political philosophy. He presents an egalitarian case for restricting inherited wealth, arguing that unrestricted inheritance is unjust to the extent that it enables and enhances the intergenerational replication of inequality. Here, inequality is understood in a group-based sense: the unjust effects of inheritance are principally in its tendency to concentrate certain opportunities into certain groups. This results in what Halliday describes as 'economic segregation'. He defends a specific proposal about how to tax inherited wealth: roughly, inheritance should be taxed more heavily when it comes from old money. He rebuts some sceptical arguments against inheritance taxes, and makes suggestions about how tax schemes should be designed.

Daniel Halliday examines the moral grounding of the right to bequeath or transfer wealth. He engages with contemporary concerns about wealth inequality, class hierarchy, and taxation, while also drawing on the history of the egalitarian, utilitarian, and liberal traditions in political philosophy. He presents an egalitarian case for restricting inherited wealth, arguing that unrestricted inheritance is unjust to the extent that it enables and enhances the intergenerational replication of inequality. Here, inequality is understood in a group-based sense: the unjust effects of inheritance are principally in its tendency to concentrate certain opportunities into certain groups. This results in what Halliday describes as 'economic segregation'. He defends a specific proposal about how to tax inherited wealth: roughly, inheritance should be taxed more heavily when it comes from old money.

Inheritance and Wealth in America is a superb collection of original essays, written in nontechnical language by experts in sociology, economics, anthropology, history, law, and other disciplines. Notable chapters provide - an outstanding interpretative history of inheritance in American legal thought - a critical review of the literature on the economics of inheritance at the household and societal levels - a superb history of Federal taxation of wealth transfers, and - a sociological examination of inheritance and its role in class reproduction and stratification. This groundbreaking work is of value to any researcher dealing with the transmission of wealth and privilege across generations.

The debate on inheritance and inheritance taxation has always been linked with the " efficiency versus equity issue". Some consider inheritance taxes as highly appropriate means to bring forth more economic equality, especially equality in starting conditions. Others openly doubt the effectiveness of inheritance taxes in this domain, and point out that the negative effects may outweigh the positive. Some go as far as to say that high inheritance taxes threaten fundamental ethical values and should therefore be abolished. In this book both economists and philosophers try to disentangle these and related theoretical issues. It gives an overview of what economists and philosophers have to say on the matter, and confronts and discusses two radically opposed reform proposals.

How to regulate the transfer of wealth from one generation to the next has been hotly debated among politicians, legal scholars, sociologists, economists, and philosophers for centuries. Bequeathing wealth is a vital ingredient of family solidarity. But does the reproduction of social inequality through inheritance square with the principle of equal opportunity? Does democracy suffer when family wealth becomes political power? The first in-depth, comparative study of the development of inheritance law in the United States, France, and Germany, Inherited Wealth investigates longstanding political and intellectual debates over inheritance laws and explains why these laws still differ so greatly among these countries. Using a sociological perspective, Jens Beckert sheds light on the four most controversial issues in inheritance law during the past two centuries: the freedom to dispose of one's property as one wishes, the rights of family members to the wealth bequeathed, the dissolution of entails (which restrict inheritance to specific classes of heirs), and estate taxation. Beckert shows that while the United States, France, and Germany have all long defended inheritance rights based on the notion of individual property rights, they have justified limitations on inheritance rights in profoundly different ways, reflecting culturally specific ways of understanding the problems of inherited wealth.

Can capitalism have moral foundations? Though this question may seem strange in today's world of vast economic disparities and widespread poverty, discussions originating with the birth of capitalism add a critical perspective to the current debate on the efficacy and morality of capitalist economies. Authors Daniel Halliday and John Thrasher use this question to introduce classical political philosophy as a framework by which to evaluate the ethics of capitalism today. They revisit and reconstruct historical eighteenth- and nineteenth-century defenses of capitalism, as written by key proponents such as Adam Smith and John Stuart Mill. They ask what these early advocates of market order would say about contemporary economies, and argue for the importance of connecting these foundational defenses to discussions of economic systems and the roles they play in economic justice and injustice today. The textbook covers longstanding problems that are as old as the discussion of capitalism itself, such as wage inequality, global trade, and the connection between paid labor and human flourishing. It also addresses new challenges, such as climate change, the welfare state, and competitive consumption, and provides topical global case studies. Additionally, it includes study questions at the end of each chapter and an author-created companion website to help guide classroom discussion.

New technologies from artificial intelligence to drones, and biomedical enhancement make the future of the human family increasingly hard to predict and protect. This book explores how the philosophical tradition of virtue ethics can help us to cultivate the moral wisdom we need to live wisely and well with emerging technologies.

The core of the book consists of a selection of papers presented at an international workshop where researchers from a variety of fields and countries discussed the connections between inherited wealth, justice and equality. The volume is complemented by a few other papers commissioned by the editors. The contributions cover historical, political, philosophical, sociological and economic aspects.

Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.