Abstract

http://ssrn.com/abstract=1926751
 


 



The Lockean Rights of Bequest and Inheritance


Leslie Kendrick


University of Virginia School of Law


Legal Theory, Vol. 17, No. 2, p. 145, 2011
Virginia Public Law and Legal Theory Research Paper No. 2011-33

Abstract:     
Lawyers and philosophers have misunderstood the rights of bequest and inheritance within Locke’s theory of property. While lawyers assume these are unqualified natural rights, philosophers find Locke’s account of them so inadequate as to cast their existence into serious doubt. But on Locke’s theory, the rights of bequest and inheritance are neither absolute nor incoherent. Locke treats inheritance as a form of imputed bequest, whereby natural law imputes to the intestate an intention to leave his goods to his closest family members. Both bequest and inheritance find their justification in the prerogatives of owners to dispose of their property. These prerogatives are not without limit, however. The needs of a decedent’s dependents trump specific bequests, and both bequest and inheritance are subject to the duty of charity. Bequest and inheritance thus order the relative claims of owners and others so that they are consistent with Locke’s more general theory of property.

Accepted Paper Series





Not Available For Download

Date posted: September 15, 2011  

Suggested Citation

Kendrick, Leslie, The Lockean Rights of Bequest and Inheritance. Legal Theory, Vol. 17, No. 2, p. 145, 2011; Virginia Public Law and Legal Theory Research Paper No. 2011-33. Available at SSRN: http://ssrn.com/abstract=1926751

Contact Information

Leslie Kendrick (Contact Author)
University of Virginia School of Law ( email )
580 Massie Road
Charlottesville, VA 22903
United States
Feedback to SSRN


Paper statistics
Abstract Views: 415

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.781 seconds