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Inheritance and the Right to Bequeath: Legal and Philosophical Perspectives

Edited by: Hans-Christoph Schmidt am Busch, Daniel Halliday, Thomas Gutmann

ISBN13: 9780367760298
Published: September 2022
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £130.00



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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 organised in a highly interdisciplinary way. In the sixteen 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 a number of 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.

Engaging 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.

Subjects:
Wills and Probate
Contents:
1. Introduction
Thomas Gutmann, Daniel Halliday, Hans-Christoph Schmidt am Busch
2. What, if anything, is wrong with bequest?
Stefan Gosepath
3. The Morality of Charitable Bequests
Miranda Perry Fleischer
4. Is the right to bequeath a supernatural power?
Hillel Steiner
5. The Right to Bequeath as a Common Legal Power
Constantin Luft and Thomas Gutmann
6. Property Rights and the Power to Transfer
Daniel Halliday
7. The Double Function of Inheritance: Rethinking Conditional Bequests
Shelly Keiczer-Levy
8. Remembrance, Esteem and the Right to Bequeath
Hans-Christoph Schmidt am Busch
9. Inheritance Law and the Challenge of Securing Care in Old Age
Daphna Hacker
10. Natural Right or Convention?
David James
11. Property in the Tension between Family and Civil Society
Christopher Yeomans
12. Inheritance Tax Justice and Family Businesses
Christian Neuhäuser
13. Taxing Wealth and Wealth Transfers in the 21st Century
Jennifer Bird-Pollan