The Right to Bequeath

• Applicant: Professor Dr. Hans-Christoph Schmidt am Busch
• Subject Area: Practical Philosophy
• Term: since 2023
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 528262063

Abstract: As recent empirical research suggests, bequest and inheritance affect the distribution of wealth in many Western democracies in ways that run counter to beliefs that we have (at least until now) considered fundamental. These beliefs include, for example, the view that there should be reasonable equality of opportunity in the labor market, or that we should meet as equal citizens in the political sphere. In view of this state of affairs, we have to ask: Why do we hold on to the right to bequeath at all? Why do we not replace this right with a different way of regulating the intergenerational transfer of wealth? In the research project outlined here, these questions will be discussed from the perspectives of the philosophy of law, social philosophy, and political philosophy. In terms of content, the project’s guiding assumption is that bequest and inheritance can make important contributions to strengthening personal relationships (cf. a preliminary paper by the applicant; 1.2.1, [5]). The research project will investigate (i) whether this assumption is plausible, (ii) what contributions bequest and inheritance can make to strengthening personal relationships, and (iii) what inheritance law must involve for such strengthening to occur. Based on the results of this investigation, we will then consider (iv) the importance a strengthening of personal relationships should have in the context of a philosophical theory of inheritance law. Here, it must first be clarified (v) whether inheritance law can be designed in such a way that it produces positive effects in personal terms, but at the same time does not favor a distribution of wealth that is problematic from the point of view of the theory of justice. If it turns out that this is not possible, it will be necessary to consider (vi) how best to deal with conflicting concerns (strengthening personal relationships on the one hand, creating just relations of wealth on the other) at the level of theory building. The task here will be (vii) to specify and justify criteria for dealing with such conflicts in a controlled and appropriate manner. Additionally, it will be necessary to adjudicate (viii) to what extent it is just and fair that every member of society have not just the right, but also the means, to bequeath property in order to strengthen their personal relationships. At the same time, in carrying out this investigation, it will be examined (ix) whether it is indeed appropriate (as most philosophers researching this believe) to address bequest and inheritance solely from the viewpoint of the distribution of wealth, or whether it is not time to broaden this picture thematically.

• DFG Programme: Research Grants