Defending Inheritance

Paper Summary:

In this article, the writer examines the subject of inheritances and looks into inheritance law. The writer notes that in theory, it is tempting to allow individuals to inherit only what seems most necessary for their survival, and not to profit off of the successes of their parents. On the other hand, the writer claims that it might seem tempting to reward individuals who sacrificed themselves for their parents with greater benefits than their siblings who did not, upon their parent's demise. But ultimately, the writer points out that the rule of law must hold sway, and the individual rights of the parents must dominate inheritance law. The writer concludes that it is not up to the subjective, collective will of the children or the outside arbitration of the state to decide in the matter of inheritance.

From the Paper:

"Of course, not even inheritance law can be reliant purely upon moral decision-making. For example, in the absence of a will, inheritance law attempts to divide the property of the diseased equally amongst the family, rather than to pass a moral judgment upon the children of the deceased. This still assumes the importance of blood above friendship--for example, the state cannot decide to give an estate to the deceased person's favorite cause, even if he or she dies without a will! But this reflects the fact that the law cannot stand an emotional arbiter between children and determine the worthiness of the children's personal relationships with their mother or father, nor can the law creatively assume what the person would have wanted, had he or she written a will. The determination of the value of the children and the estate is a deemed a private matter and has nothing to do with the state unless there is a dispute or the person dies without a will. Only then can the state, in the absence of a claim, can take the property."

Sample of Sources Used:

• Crevecoeur, Hector. "What is an American?" From In Defense of the West, p.246
• Locke, John. "The Second Treatise on Government." From In Defense of the West, p. 196
• Meyer, Frank S. "Western Civilization: The Problem of Political Freedom." From In Defense of the West, p. 155,
• Winthrop, John. "A Model of Christian Charity." From In Defense of the West, p. 206
• Wright, Louis. "The British Tradition in America in Retrospect." From In Defense of the West, p. 155

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