Special Family Duties and the Right to Inherit

ALEJANDRO BERROTARÁN

Raisons politiques

Presses de Sciences Po

Año: 2023 p. 55 - 68

1291-1941

Many countries around the world recognise a right to inherit, yet the discussion in contemporary political philosophy on how to conceptualise this right and its moral foundations remains rather scarce. What moral arguments can justify the right of children to inherit their parents’ wealth? In this paper, I define the right to inherit and distinguish it from the right to bequeath. Then, I explore how the right to inherit can be conceived as an extension of the parental duty of support (the extension argument). Furthermore, I discuss limitations and critiques of this right to inherit and analyse whether current laws align with the presented justification. In conclusion, I argue that a moderate right to inherit can be grounded in the parents’ duties of material assistance towards their children.