Difference between revisions of "Inheritance (Sociology)" - New World Encyclopedia

From New World Encyclopedia
m
Line 4: Line 4:
 
:''For other uses, see [[Inheritance (Biology)]].''
 
:''For other uses, see [[Inheritance (Biology)]].''
  
'''Inheritance''' is the practice of passing on [[property]], [[title]]s, [[debt]]s, and [[obligation]]s upon the death of an individual.  It has long played an extremely important role in human societies.   
+
'''Inheritance''' is the practice of passing on [[property]], [[title]]s, [[debt]]s, and [[obligation]]s upon the death of an individual.  It has long played an extremely important role in human societies.  A less common but no less important use of the term has to do with the notion that as human beings we receive an inheritance at birth from our family, society, culture, nation, and world.  This second kind is a cultural or social inheritance rather than a physical or monetary one.
  
Both [[anthropology]] and [[sociology]] have made detailed studies in this area.  Many cultures feature [[patrilineal]] succession, also known as [[gavelkind]], where only male children can inherit.  Some cultures also employ [[matrilineal]] succession only passing property along the female line.  Even more radical than the patrilineal succession is the practice of [[primogeniture]] whereby all property goes to the eldest child, or often the eldest son (the first-born).  Conversely there are also systems where everything is left to the youngest child. Some ancient societies and most modern states employ [[partible inheritance]], whereby every child inherits (usually equally). There was also mixed systems:
+
Both [[anthropology]] and [[sociology]] have made detailed studies in the way that inheritance is most commonly understood.  Many cultures feature [[patrilineal]] succession, also known as [[gavelkind]], where only male children can inherit.  Some cultures also employ [[matrilineal]] succession only passing property along the female line.  Even more radical than the patrilineal succession is the practice of [[primogeniture]] whereby all property goes to the eldest child, or often the eldest son (the first-born).  Conversely there are also systems where everything is left to the youngest child. Some ancient societies and most modern states employ [[partible inheritance]], whereby every child inherits (usually equally). There was also mixed systems:
 
* in Swedish culture beginning from 13th century and up until 19th century, a son inherited twice as much as his sister. This rule was introduced by the Regent [[Birger Jarl]], and it was regarded as an improvement in its era, since daughters were previously usually left without.
 
* in Swedish culture beginning from 13th century and up until 19th century, a son inherited twice as much as his sister. This rule was introduced by the Regent [[Birger Jarl]], and it was regarded as an improvement in its era, since daughters were previously usually left without.
 
* among ancient [[Israelite]]s, the eldest son received twice as much as the other sons.
 
* among ancient [[Israelite]]s, the eldest son received twice as much as the other sons.
Line 13: Line 13:
 
Employing differing forms of succession can effect many areas of society.  Gender roles are profoundly affected by inheritance laws and traditions.  Primogeniture has the effect of keeping large estates united and thus perpetuating an elite.  With partible inheritance large estates are slowly divided among many descendants and great wealth is thus diluted, leaving higher opportunities to individuals to make a success. (If great wealth is not diluted, the positions in society tend to be much more fixed and opportunities to make an individual success are lower.)
 
Employing differing forms of succession can effect many areas of society.  Gender roles are profoundly affected by inheritance laws and traditions.  Primogeniture has the effect of keeping large estates united and thus perpetuating an elite.  With partible inheritance large estates are slowly divided among many descendants and great wealth is thus diluted, leaving higher opportunities to individuals to make a success. (If great wealth is not diluted, the positions in society tend to be much more fixed and opportunities to make an individual success are lower.)
  
Inheritance can be organized in a way that its use is restricted by the desires of someone (usually of the decedent). An inheritance may have been organized as a [[fideicommission]], which usually cannot be sold or diminished, only its profits are disposable. A fideicommission's succession can also be ordered in a way that determines it long (or eternally) also with regard to persons born long after the original decedent. Cf also [[trust (property)|trust]]. [[Royal succession]] has typically been more or less a fideicommission, the realm not (easily) to be sold and the rules of succession not to be (easily) altered by a holder (a monarch).
+
Inheritance can be organized in a way that its use is restricted by the desires of the decedent (the term “decendant” is used in law to refer to a deceased person only in connection with their passing or the administration of their estate.) An inheritance may have been organized as a [[fideicommission]], which usually cannot be sold or diminished, only its profits are disposable. A fideicommission's succession can also be ordered in a way that determines it long (or eternally) also with regard to persons born long after the original decedent. Cf also [[trust (property)|trust]]. [[Royal succession]] has typically been more or less a fideicommission, the realm not (easily) to be sold and the rules of succession not to be (easily) altered by a holder (a monarch).
  
In more [[archaic]] days, particularly the possession of inherited [[land (economics)|land]] has been much more like a family trust than a property of an individual. Yet quite recently in many European countries, sale of the whole of or a significant portion of a farm required consent from certain heirs, and/or heirs had the intervening right to obtain the land in question with same sales conditions as in the sales agreement in question.
+
Inheritance can also refer to the circumstances, cultural practices and surroundings into which a human being is born.  This can include customs, heritage, legacies, systems of meaning, traditions, and values.  Each person’s cultural inheritance varies greatly depending upon, among others, the era, the national or geographical location, as well as the socio-economic situation of one’s family, into which one is born.  The era, for example, during which a person is born and raised, carries a unique “merit of the age” which can influence the events in a person’s life.
 +
 
 +
While the circumstances at one's birth and the social and cultural heritage of one's youth seem to be determinant in shaping the quality and direction of a person’s life, they are not.  There are numerous examples of individuals and families who charted a course for themselves or for the sake of others that could not have been imagined based upon examining their social or cultural inheritance alone.
  
In [[common law]] jurisdictions an ''heir'' is a person who is entitled to receive a share of the decedent's property via the rules of inheritance in the [[jurisdiction]] where the decedent died or owned property at the time of his death. Strictly speaking, one only becomes an heir upon the death of the related person: it was improper to speak of the "heir" of a living person since the exact identity of the persons entitled to inherit would not be determined until the time of death. However, it is not totally wrong to speak about "heir" during the lifetime of the decedent at least in cases where the heir has such a position that only her/his own demise before, may prevent becoming a heir at the death (for example, if the birth of another person cannot take away the position as a heir) - this is a [[heir apparent]].
 
  
 
==See also==
 
==See also==

Revision as of 21:49, 9 October 2005


For other uses, see Inheritance (Biology).

Inheritance is the practice of passing on property, titles, debts, and obligations upon the death of an individual. It has long played an extremely important role in human societies. A less common but no less important use of the term has to do with the notion that as human beings we receive an inheritance at birth from our family, society, culture, nation, and world. This second kind is a cultural or social inheritance rather than a physical or monetary one.

Both anthropology and sociology have made detailed studies in the way that inheritance is most commonly understood. Many cultures feature patrilineal succession, also known as gavelkind, where only male children can inherit. Some cultures also employ matrilineal succession only passing property along the female line. Even more radical than the patrilineal succession is the practice of primogeniture whereby all property goes to the eldest child, or often the eldest son (the first-born). Conversely there are also systems where everything is left to the youngest child. Some ancient societies and most modern states employ partible inheritance, whereby every child inherits (usually equally). There was also mixed systems:

  • in Swedish culture beginning from 13th century and up until 19th century, a son inherited twice as much as his sister. This rule was introduced by the Regent Birger Jarl, and it was regarded as an improvement in its era, since daughters were previously usually left without.
  • among ancient Israelites, the eldest son received twice as much as the other sons.

Many modern states have inheritance taxes, whereby a portion of any estate goes to the government, though the government technically is not an heir.

Employing differing forms of succession can effect many areas of society. Gender roles are profoundly affected by inheritance laws and traditions. Primogeniture has the effect of keeping large estates united and thus perpetuating an elite. With partible inheritance large estates are slowly divided among many descendants and great wealth is thus diluted, leaving higher opportunities to individuals to make a success. (If great wealth is not diluted, the positions in society tend to be much more fixed and opportunities to make an individual success are lower.)

Inheritance can be organized in a way that its use is restricted by the desires of the decedent (the term “decendant” is used in law to refer to a deceased person only in connection with their passing or the administration of their estate.) An inheritance may have been organized as a fideicommission, which usually cannot be sold or diminished, only its profits are disposable. A fideicommission's succession can also be ordered in a way that determines it long (or eternally) also with regard to persons born long after the original decedent. Cf also trust. Royal succession has typically been more or less a fideicommission, the realm not (easily) to be sold and the rules of succession not to be (easily) altered by a holder (a monarch).

Inheritance can also refer to the circumstances, cultural practices and surroundings into which a human being is born. This can include customs, heritage, legacies, systems of meaning, traditions, and values. Each person’s cultural inheritance varies greatly depending upon, among others, the era, the national or geographical location, as well as the socio-economic situation of one’s family, into which one is born. The era, for example, during which a person is born and raised, carries a unique “merit of the age” which can influence the events in a person’s life.

While the circumstances at one's birth and the social and cultural heritage of one's youth seem to be determinant in shaping the quality and direction of a person’s life, they are not. There are numerous examples of individuals and families who charted a course for themselves or for the sake of others that could not have been imagined based upon examining their social or cultural inheritance alone.


See also

  • Heir apparent
  • Heir presumptive
  • Intestacy
  • Majorat
  • Nobility
  • Order of succession
  • Probate
  • Royal family
  • Will (law)


Credits

New World Encyclopedia writers and editors rewrote and completed the Wikipedia article in accordance with New World Encyclopedia standards. This article abides by terms of the Creative Commons CC-by-sa 3.0 License (CC-by-sa), which may be used and disseminated with proper attribution. Credit is due under the terms of this license that can reference both the New World Encyclopedia contributors and the selfless volunteer contributors of the Wikimedia Foundation. To cite this article click here for a list of acceptable citing formats.The history of earlier contributions by wikipedians is accessible to researchers here:

The history of this article since it was imported to New World Encyclopedia:

Note: Some restrictions may apply to use of individual images which are separately licensed.

Comments

This is currently an unfinished work in progress.—Jennifer Tanabe 18:41, 23 Sep 2005 (CDT)