Difference between revisions of "Inheritance (Sociology)" - New World Encyclopedia
| Line 10: | Line 10: | ||
==Inheritance Law== | ==Inheritance Law== | ||
| − | Both [[anthropology]] and [[sociology]] have made detailed studies in the way that [[economic]] inheritance is most commonly understood. [[Law]]s governing the passing of one's [[property]] and estate to others upon reaching death have been an integral part of many societies and [[culture]]s for hundreds and thousands of years. | + | Both [[anthropology]] and [[sociology]] have made detailed studies in the way that [[economic]] inheritance is most commonly understood. [[Law]]s governing the passing of one's [[property]] and estate to others upon reaching death have been an integral part of many societies and [[culture]]s for hundreds and thousands of years. |
| + | Inheritance [[law]]s address questions such as who should inherit one's [[property]], whether one has the authority to designate who receives the inheritance through the use of a [[will]] or [[trust]], whether one's property can, or must, be divided among several individuals or pass undivided to a single [[heir]], what happens to property when someone dies without having any heir, and so forth. These issues have been resolved in different cultures in different ways. | ||
| − | + | 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). The following are some historical examples of laws regarding inheritance in different cultures: | |
| + | |||
| + | *In the eighteenth century B.C.E., the [[Hammirabi,_code_of|Hammurabi code]] allowed for succession to occur with and without the use of a will. | ||
| + | * In the sixth century B.C.E., in [[Greece]], property was passed on through wills. | ||
| + | * In the fifth century B.C.E., the "Twelve Tables," from [[Roman law]], included statutes pertaining to inheritance with and without the use of a will. | ||
| + | * Among ancient [[Israelite]]s, the eldest son received twice as much as the other sons. | ||
| + | * In [[feudal]] [[England]], common people had no right to inherit property. | ||
| + | * In [[Sweden|Swedish]] culture beginning from thirteenth century and up until the nineteenth century, a son inherited twice as much as his sister. This rule was introduced by Regent Birger Jarl, and it was regarded as an improvement in its era, since daughters were previously usually left completely without. | ||
| + | *The [[Islam]]ic law of inheritance inhibited capital accumulation until reforms initiated in the nineteenth century. | ||
| + | *In China, equal division of family property among the descendants has been considered the rule. | ||
| + | |||
| + | Most countries have inheritance laws pertaining to bequeathing the assets or obligations which are stipulated in a [[will]] or living [[trust]] for distribution upon one's death. | ||
| + | Many modern states have inheritance [[tax]]es, whereby a portion of any estate goes to the [[government]], though the government technically is not an [[heir]]. | ||
| + | Inheritance law often requires that specific steps must be followed when a person dies leaving a will. For example, the executor of the estate has to identify all the deceased’s assets and collect them so they are protected. Creditors must be notified and all claims must be paid. Any taxes owing on the estate also have to be paid in a timely manner. The legal process of settling the estate of a deceased person is called [[probate]]. | ||
| − | |||
| − | |||
| − | + | Arrangements can be made to transfer assets to others, known as the "beneficiaries," at a later time by establishing a [[trust]] in which a "trustee" is bound to exercise legal control over the assets for the benefit of the heir(s) until they reach a certain age. | |
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| Line 42: | Line 45: | ||
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 ''fidei commissum'', which usually cannot be sold or diminished, only its profits are disposable. A ''fidei commissum's'' succession can also be ordered in a way that determines long-term estate transfer even with regard to persons born long after the original decedent. Royal succession has typically been more or less a ''fidei commissum'', where the realm is not easily sold and the rules of succession not easily altered by a [[Monarchy|monarch]]. | 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 ''fidei commissum'', which usually cannot be sold or diminished, only its profits are disposable. A ''fidei commissum's'' succession can also be ordered in a way that determines long-term estate transfer even with regard to persons born long after the original decedent. Royal succession has typically been more or less a ''fidei commissum'', where the realm is not easily sold and the rules of succession not easily altered by a [[Monarchy|monarch]]. | ||
| − | + | ||
| − | |||
Intestacy is the condition of the [[estate (law)|estate]] of a person who dies owning property greater than the sum of his or her enforceable debts and funeral expenses without having made a valid [[will (law)|will]] or other binding declaration; alternatively where such a will or declaration has been made, but only applies to part of the [[estate (law)|estate]], the remaining [[estate (law)|estate]] forms the "Intestate Estate". ''Intestacy law'', also referred to as ''the law of descent and distribution'' or ''intestate succession statutes'', refers to the body of [[common law]] that determines who is entitled to the property from the estate under the rules of [[inheritance]]. | Intestacy is the condition of the [[estate (law)|estate]] of a person who dies owning property greater than the sum of his or her enforceable debts and funeral expenses without having made a valid [[will (law)|will]] or other binding declaration; alternatively where such a will or declaration has been made, but only applies to part of the [[estate (law)|estate]], the remaining [[estate (law)|estate]] forms the "Intestate Estate". ''Intestacy law'', also referred to as ''the law of descent and distribution'' or ''intestate succession statutes'', refers to the body of [[common law]] that determines who is entitled to the property from the estate under the rules of [[inheritance]]. | ||
| Line 56: | Line 58: | ||
| − | |||
The ability to bequeath [[property]] to one's children or other [[heir]]s upon one's death has been criticized as incompatible with modern views of human equality, since it makes it possible for a few to amass significant amounts of wealth without the need for doing any [[work]]. On the other side, denying the possibility of handing down the fruits of one's labors to one's descendants also reduces the incentive for hard work, and thus risks reducing economic growth. | The ability to bequeath [[property]] to one's children or other [[heir]]s upon one's death has been criticized as incompatible with modern views of human equality, since it makes it possible for a few to amass significant amounts of wealth without the need for doing any [[work]]. On the other side, denying the possibility of handing down the fruits of one's labors to one's descendants also reduces the incentive for hard work, and thus risks reducing economic growth. | ||
Revision as of 23:26, 6 April 2006
- 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
Both anthropology and sociology have made detailed studies in the way that economic inheritance is most commonly understood. Laws governing the passing of one's property and estate to others upon reaching death have been an integral part of many societies and cultures for hundreds and thousands of years.
Inheritance laws address questions such as who should inherit one's property, whether one has the authority to designate who receives the inheritance through the use of a will or trust, whether one's property can, or must, be divided among several individuals or pass undivided to a single heir, what happens to property when someone dies without having any heir, and so forth. These issues have been resolved in different cultures in different ways.
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). The following are some historical examples of laws regarding inheritance in different cultures:
- In the eighteenth century B.C.E., the Hammurabi code allowed for succession to occur with and without the use of a will.
- In the sixth century B.C.E., in Greece, property was passed on through wills.
- In the fifth century B.C.E., the "Twelve Tables," from Roman law, included statutes pertaining to inheritance with and without the use of a will.
- Among ancient Israelites, the eldest son received twice as much as the other sons.
- In feudal England, common people had no right to inherit property.
- In Swedish culture beginning from thirteenth century and up until the nineteenth century, a son inherited twice as much as his sister. This rule was introduced by Regent Birger Jarl, and it was regarded as an improvement in its era, since daughters were previously usually left completely without.
- The Islamic law of inheritance inhibited capital accumulation until reforms initiated in the nineteenth century.
- In China, equal division of family property among the descendants has been considered the rule.
Most countries have inheritance laws pertaining to bequeathing the assets or obligations which are stipulated in a will or living trust for distribution upon one's death. Many modern states have inheritance taxes, whereby a portion of any estate goes to the government, though the government technically is not an heir.
Inheritance law often requires that specific steps must be followed when a person dies leaving a will. For example, the executor of the estate has to identify all the deceased’s assets and collect them so they are protected. Creditors must be notified and all claims must be paid. Any taxes owing on the estate also have to be paid in a timely manner. The legal process of settling the estate of a deceased person is called probate.
Arrangements can be made to transfer assets to others, known as the "beneficiaries," at a later time by establishing a trust in which a "trustee" is bound to exercise legal control over the assets for the benefit of the heir(s) until they reach a certain age.
Western legal systems have come to regard succession to property by relatives of the deceased as normal. Succession by the wider community happens only when no relatives can be found and when the deceased has made no other disposition of his property. Taxation of the property transferred at death is also common.
Employing differing forms of succession can affect 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 fidei commissum, which usually cannot be sold or diminished, only its profits are disposable. A fidei commissum's succession can also be ordered in a way that determines long-term estate transfer even with regard to persons born long after the original decedent. Royal succession has typically been more or less a fidei commissum, where the realm is not easily sold and the rules of succession not easily altered by a monarch.
Intestacy is the condition of the estate of a person who dies owning property greater than the sum of his or her enforceable debts and funeral expenses without having made a valid will or other binding declaration; alternatively where such a will or declaration has been made, but only applies to part of the estate, the remaining estate forms the "Intestate Estate". Intestacy law, also referred to as the law of descent and distribution or intestate succession statutes, refers to the body of common law that determines who is entitled to the property from the estate under the rules of inheritance.
In most contemporary common-law jurisdictions, the law of intestacy is patterned after the common law of descent. Property goes first to a spouse, then to children and their descendants; if there are no descendants, the rule sends you back up the family tree to the parents, the siblings, the siblings' descendants, the grandparents, the parents' siblings, and the parents' siblings' descendants, and sometimes further to the more remote degrees of kinship. The operation of these laws varies from one jurisdiction to another. Attempts in the United States to make the law with respect to intestate succession uniform from state to state have met with limited success.
If a person dies intestate with no identifiable heirs, the person's estate generally escheats to the government.
The ability to bequeath property to one's children or other heirs upon one's death has been criticized as incompatible with modern views of human equality, since it makes it possible for a few to amass significant amounts of wealth without the need for doing any work. On the other side, denying the possibility of handing down the fruits of one's labors to one's descendants also reduces the incentive for hard work, and thus risks reducing economic growth.
To reduce the inequality in the distribution of wealth, inheritance laws have been enacted to limit the amount of property that may be inherited, either by compulsory partition of the property, as in the laws of France and Germany, or by employing increasing levels of inheritance tax, as in Great Britain and the United States. Laws of intestacy also contribute to redistribution of wealth to the community if a person dies without a will and without any relatives who claim right of succession.
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. 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 may 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 their social or cultural inheritance alone. Individuals who overcame obstacles on the path from "rags to riches" include famous examples such as Genghis Khan, Andrew Carnegie, and author, Horacio Alger. Curiously, much of Horacio Alger's literature is based on a hero, born poor, who defies all odds to achieve success through dedication and hard work. The message in his books that honesty, perseverance, and industry were certain to be rewarded was taken seriously by many youngsters in the late 19th and early 20th centuries who read some of the estimated 20,000,000 copies sold in the United States alone. Well known examples of "ordinary" people eventually rising to become admired throughout the world largely due to an extraordinary commitment of service and dedication to God and humanity include Rev. and Mrs. Sun Myung Moon, Mahatma Gandhi, Martin Luther King Jr., Mother Teresa, and Pope John Paul II as well as historical figures such as Jesus, Confucius, Buddha, Mohammed, Abraham, and Moses.
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.
Socialization
Socialization is the process whereby people acquire a social identity and learn the way of life within their society. Socialization is essentially a process of inheriting values. Socialization is classified into two types: 1) the primary socialization—of the young child in a family through parents and 2) the secondary socialization—through schools, institutions of religion, friends, associations, mass media, etc. At certain times in people's lives, they can experience desocialization and resocialization. Religious conversion or joining the military, are examples which may involve a process of desocialization and resocialization.
Sometimes resocialization is achieved when an individual or a group discovers ways to breakthrough personal or social limitations or by overcoming barriers which can include, among others, the "status quo." The status quo is understood as the current socially accepted norms for a society which are based largely upon formal and informal collective agreement. Through the ages and into the present, the biggest drawback with the status quo is that it often driven by predominantly secular, materialistic, or narrow-minded sectarian values which tend to foster low stardards concerning the very meaning, value and purpose of life. When unexamined, this influence tends to lead people to live selfishly both individually and collectively unless the given society happens to foster universal 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 society such as new concepts which challenge established habits, outdated beliefs and obsolete traditions. The obstacles encountered by the civil rights movement in America is one example. Many times progress depends upon those willing or courageous enough to challenge the status quo for the sake of the greater good. Historically, civil disobedience has proven to be one of the most effective and noble means for creating social change. Religious leaders usually encourage prayer, fasting, self-sacrifice, education, service, and social-action as effective methods for overcoming the status quo and bringing about personal and social transformation.
Inheritance and Responsibility
Inheritance can be understood as bequeathing the fruits of one's life from one generation to the next. This is a fundamental expression of mutual human devotion between parents and their offspring. For parents, inheritance is the opportunity of leaving a legacy to their children. From the viewpoint of the descendant (child) there is an implicit responsibility and obligation to honor the parents for their sacrifice and investment of life, love and lineage. The filial piety of the children can be expressed by carrying on family traditions, maintaining the estate (monetary and material), caring for the well-being of the clan, and even through fulfilling dreams of accomplishment which the parents themselves could not carry out.
Above and beyond material inheritance, parents share a responsibility to invest and sacrifice for the happiness and well-being of future generations. This sacrifice may invovle imparting widsom, guidance, and values to their children and grandchildren. Whether expressed formally or informally, we all have a responsibility to contribute to the public purpose beyond our own family, extending an inheritance to the community, society, nation and world. Naturally, descendants of such a tradition of living for the sake of others want to return dedication, sacrifice, and appreciation to their parents, ancestors, and fellow patriots for the gifts they have been given by attending and serving them, taking care of them in old age, and honoring their memory once they have passed away.
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.
