Inheritance (Sociology)

This article is concerned with the inheritance of physical and monetary items as well as social heritage. For other uses, see Inheritance.

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.

Inheritance Law

Historical Background

• In 18th Century B.C.E., the Hammurabi code of the Babylonian ruler of the same name allowed for both estate and intestate succession.
• 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.

Modern Forms

Both anthropology and sociology have made detailed studies in the way that economic 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. Most states employ partible inheritance, whereby every child inherits (usually equally). Many modern states have inheritance taxes, whereby a portion of any estate goes to the government, though the government technically is not an heir.

The Influence of Forms of Succession

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 “decedent” 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. See also trust. Royal succession has typically been more or less a fideicommission, where the realm is not easily sold and the rules of succession not easily altered by a monarch.

Cultural Inheritance

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 geographical location, as well as the socio-economic situation of one’s family, into which one comes into the world. 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. Also, whether one is born in a eastern or western nation usually influences a person's upbringing and worldview.

While the circumstances at one's birth and the social and cultural heritage of one's youth seem to be absolutely determinant in shaping the quality, opportunities, 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 which could not have been imagined based upon examining their social or cultural inheritance alone.

Each person has their own way of integrating their cultural inheritance into their life selectively embracing certain aspects and rejecting or ignoring others. This process is ongoing and can occur consciously or unconsciously. Often, people live an entire life never examining the nature of this inheritance while others discover ways to improve or enhance the quality of their life by inventing or discovering new, often unconventional, paradigms for living. Sometimes this is acheived by finding ways to breakthrough personal limitations or by overcoming social barriers which sometimes include the "status quo."

Socialization

The status quo is understood as the current socially accepted norms for a society at large which are based largely upon formal and informal collective agreement. The biggest problem with the status quo is that it tends to foster low expectations about what is possible for human beings especially in terms of accomplishment and contribution to the society. When unexamined, this influence tends to lead people to live selfishly both individually and collectively unless the society values and encourages living for the sake of others. The status quo can be very exclusionary toward anything which is not considered "normal" or "acceptable" by the wider society. Many times progress depends upon those willing or courageous enough to challenge the status quo for the sake of the greater good.

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