HISTORICAL ENTITLEMENT AND THE PRACTICE OF BEQUEST: IS THERE A MORAL RIGHT OF BEQUEST?

被引:5
|
作者
Braun, S. Stewart [1 ]
机构
[1] Univ Virginia, Concoran Dept Philosophy, Charlottesville, VA 22904 USA
关键词
INHERITANCE;
D O I
10.1007/s10982-010-9082-x
中图分类号
B82 [伦理学(道德学)];
学科分类号
摘要
Entitlement theorists claim that bequest is a moral right. The aim of this essay is to determine whether entitlement theorists can, on their own grounds, consistently defend that claim. I argue that even if there is a moral right to self-appropriated property and to engage in inter vivos transfers, it is a mistake to contend that there exists an equivalent moral right to make a bequest. Taxing or regulating bequest does not violate an individual's moral rights because, regardless of whether bequest safeguards certain interests, those interests are not the interests of a living, morally inviolable being. Instead, they are the interests of a deceased entity that has lost the ability to track what it values and pursue projects in accord with those values - a quality that by entitlement theorists' own arguments renders persons morally significant and deserving of rights in the first place.
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页码:695 / 715
页数:21
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