Misplaced Pages

#452547

47-436: The Collected Works is intended to supersede the 11-volume The Works of Jeremy Bentham (1838–1843), edited by Bentham's friend and literary executor , John Bowring , which is now considered to be flawed in many points of detail, and which omits Bentham's writings on religion; and also the 3-volume Jeremy Bentham's Economic Writings (1952–54) edited by Werner Stark , which has likewise been subject to criticism. The series

94-554: A Greco-Roman model to a Judeo-Christian pattern, based on Biblical and traditional Judeo-Christian principles. The transformation was essentially complete in the Middle Ages, although in English-speaking countries there was additional development under the influence of Protestantism . Even when Europe became secularized and Christianity faded into the background, the legal foundation Christendom had laid remained. Only in

141-520: A daughter inherits land, she must marry someone within her father's tribe. (The daughters of Zelophehad marry the sons' of their father's brothers. There is no indication that this was not their choice.) The laws of Jewish inheritance are discussed in the Talmud , in the Mishneh Torah and by Saadiah ben Joseph among other sources. All these sources agree that the firstborn son is entitled to

188-457: A deceased author consists mainly of the copyright and other intellectual property rights of published works, including film , translation rights, original manuscripts of published work, unpublished or partially completed work, and papers of intrinsic literary interest such as correspondence or personal diaries and records. In academia , the German term Nachlass for the legacy of papers

235-442: A double portion of his father's estate. This means that, for example, if a father left five sons, the firstborn receives a third of the estate and each of the other four receives a sixth. If he left nine sons, the firstborn receives a fifth and each of the other eight receive a tenth. If the eldest surviving son is not the firstborn son, he is not entitled to the double portion. Philo of Alexandria and Josephus also comment on

282-495: A home than those who do not regardless of the size of the inheritance. Often, racial or religious minorities and individuals from socially disadvantaged backgrounds receive less inheritance and wealth. As a result, mixed races might be excluded in inheritance privilege and are more likely to rent homes or live in poorer neighborhoods, as well as achieve lower educational attainment compared with whites in America. Individuals with

329-581: A job, and purchasing a home. The third form of inheritance is the transfers of bulk estates at the time of death of the testators, thus resulting in significant economic advantage accruing to children during their adult years. The origin of the stability of inequalities is material (personal possessions one is able to obtain) and is also cultural, rooted either in varying child-rearing practices that are geared to socialization according to social class and economic position. Child-rearing practices among those who inherit wealth may center around favoring some groups at

376-825: A person cannot be legally disinherited (such as the United States state of Louisiana , which allows disinheritance only under specifically enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will (an example is that of the will of comedian Jerry Lewis ; his will specifically disinherited his six children by his first wife, and their descendants, leaving his entire estate to his second wife). Inheritance has been compared to nepotism . Detailed anthropological and sociological studies have been made about customs of patrimonial inheritance, where only male children can inherit. Some cultures also employ matrilineal succession, where property can only pass along

423-400: A practical guide (1990, UK) "A will may appoint different executors to deal with different parts of the estate. One example of this is the appointment of a literary executor to deal with literary effects [...]". Since the literary estate is a legacy to the author's heirs , the management of it in financial terms is a responsibility of trust. The position of literary executor extends beyond

470-464: A result, this inequality is believed to become part of the overall social structure. Women's unequal inheritance rights refer to the disparities and discriminatory practices that women face in inheriting property and assets compared to men. These inequalities stem from a combination of legal, cultural, and religious practices that often prioritize male heirs over female ones, resulting in significant socio-economic consequences for women. Dynastic wealth

517-482: A substantial amount of wealth and inheritance often intermarry with others of the same social class to protect their wealth and ensure the continuous transmission of inheritance across generations; thus perpetuating a cycle of privilege. Nations with the highest income and wealth inequalities often have the highest rates of homicide and disease (such as obesity, diabetes, and hypertension) which results in high mortality rates. A New York Times article reveals that

SECTION 10

#1732787638453

564-448: Is Christopher Tolkien 's work on J. R. R. Tolkien 's papers. A notable example is the case of Franz Kafka , who left no will. His friend Max Brod assumed the function of literary executor, though most of the literary estate was legally owned by Marianne Steiner and Věra Saudková. Heir Inheritance is the practice of receiving private property , titles , debts , entitlements, privileges , rights , and obligations upon

611-635: Is Elisabeth Förster-Nietzsche for Friedrich Nietzsche , as she resorted to fraud to make her brother's Nachlass more compatible with Nazi ideology. An exceptionally productive example is that of Rudolf Steiner . Although he did not originally intend that the stenographs of his thousands of lectures be published, he relented and named his second wife, Marie Steiner-von Sivers , to direct his Nachlass , which has produced more than three hundred volumes since his death in 1925. Older examples of such appointments, such as Kenelm Digby for Ben Jonson , are essentially editorial rather than legal. A contemporary case

658-496: Is a further concept of joint inheritance, pending renunciation by all but one, which is called coparceny . In modern law, the terms inheritance and heir refer exclusively to succession to property by descent from a deceased dying intestate . Takers in property succeeded to under a will are termed generally beneficiaries , and specifically devises for real property , bequests for personal property (except money), or legatees for money. Except in some jurisdictions where

705-715: Is being published under the auspices of the Bentham Project, based in the Faculty of Laws at University College London , whose library holds the majority of Bentham's surviving manuscripts. The Bentham Project currently consists of four members of staff: Professor Philip Schofield, the Director of the Project and General Editor of the Collected Works, Dr Tim Causer, Dr Chris Riley, and Dr Peter Lythe. Since 2010

752-433: Is considered an integral part of Sharia law and its application for Muslims is mandatory, though many peoples (see Historical inheritance systems ), despite being Muslim, have other inheritance customs. The distribution of the inherited wealth has varied greatly among different cultures and legal traditions. In nations using civil law , for example, the right of children to inherit wealth from parents in pre-defined ratios

799-729: Is enshrined in law, as far back as the Code of Hammurabi (ca. 1750 BC). In the US State of Louisiana, the only US state where the legal system is derived from the Napoleonic Code , this system is known as " forced heirship " which prohibits disinheritance of adult children except for a few narrowly-defined reasons that a parent is obligated to prove. Other legal traditions, particularly in nations using common law , allow inheritances to be divided however one wishes, or to disinherit any child for any reason. In cases of unequal inheritance,

846-561: Is founded on the Marxist Labor Theory of Value , any money collected in the course of a lifetime is justified if it was based on the fruits of the person's own labor and not from exploiting others. The first communist government installed after the Russian Revolution resolved therefore to abolish the right of inheritance, with some exceptions. Many states have inheritance taxes or estate taxes , under which

893-527: Is monetary inheritance that is passed on to generations that did not earn it. Dynastic wealth is linked to the term Plutocracy . Much has been written about the rise and influence of dynastic wealth including the bestselling book Capital in the Twenty-First Century by the French economist Thomas Piketty . Bill Gates uses the term in his article "Why Inequality Matters". As Communism

940-427: Is often persistent across generations and families with higher amounts of inheritance are able to acquire and transmit higher amounts of human capital . Lower amounts of human capital and inheritance can perpetuate inequality in the housing market and higher education. Research reveals that inheritance plays an important role in the accumulation of housing wealth. Those who receive an inheritance are more likely to own

987-426: Is often used. A literary executor is a person acting on behalf of beneficiaries (e.g. family members, a designated charity, a research library or archive) under a deceased author's will . The executor is responsible for entering into contracts with publishers, collecting royalties, maintaining copyrights, and (where appropriate) arranging for the deposit of letters. According to Wills, Administration and Taxation:

SECTION 20

#1732787638453

1034-468: Is set out: a man's sons inherit first, daughters if no sons, brothers if he has no children, and so on. Later, in Numbers 36, some of the heads of the families of the tribe of Manasseh come to Moses and point out that, if a daughter inherits and then marries a man not from her paternal tribe, her land will pass from her birth-tribe's inheritance into her marriage-tribe's. So a further rule is laid down: if

1081-608: The Athlone Press (once the University of London 's publishing house, now defunct). From 1983 ro 2019 it was published by Oxford University Press under its Clarendon Press imprint. The first five volumes of Correspondence , originally published by Athlone Press, were reissued with minor corrections in 2017 by UCL Press , both in hard copy and in open access electronic formats. Since the publication in February 2022 of

1128-457: The Jewish laws of inheritance, praising them above other law codes of their time. They also agreed that the firstborn son must receive a double portion of his father's estate. At first, Christianity did not have its own inheritance traditions distinct from Judaism. With the accession of Emperor Constantine in 306, Christians both began to distance themselves from Judaism and to have influence on

1175-453: The Law of Moses , the firstborn son was entitled to receive twice as much of his father's inheritance as the other sons ( Deuteronomy 21:15–17 ). If there were no living sons and no descendants of any previously living sons, daughters inherit. In Numbers 27, the five daughters of Zelophehad come to Moses and ask for their father's inheritance, as they have no brothers. The order of inheritance

1222-412: The death of an individual . The rules of inheritance differ among societies and have changed over time. Officially bequeathing private property and/or debts can be performed by a testator via will , as attested by a notary or by other lawful means. In law, an "heir" ( FEM: heiress) is a person who is entitled to receive a share of property from a decedent (a person who died), subject to

1269-718: The 35th volume in the edition, Panopticon versus New South Wales, and Other Writings on Australia, the Collected Works has been published by UCL Press, which makes available books in hardback, paperback, and open access PDF formats. The General Editors of the series have been: J. H. Burns (1961–79); J. R. Dinwiddy (1977–83); Fred Rosen (1983–94); Fred Rosen and Philip Schofield (1995–2003); and Philip Schofield (2003–date). 12 volumes of Correspondence , of an eventual 14, have so far been published; and 23 volumes of Works . The Works volumes are not sequentially numbered. Those volumes which have been published to date are as follows: Literary executor The literary estate of

1316-497: The Project has also run Transcribe Bentham , a project for transcribing Bentham's manuscripts through crowdsourcing , the output of which is intended, once edited, to appear in future Collected Works volumes. The Bentham Project is governed by the Bentham Committee, which was established in 1959. The first volume in the Collected Works appeared in 1968, and to date 35 volumes have been published. The initial estimate

1363-633: The U.S. is the world's wealthiest nation, but "ranks twenty-ninth in life expectancy, right behind Jordan and Bosnia" and "has the second highest mortality rate of the comparable OECD countries". This has been regarded as highly attributed to the significant gap of inheritance inequality in the country, although there are clearly other factors such as the affordability of healthcare . When social and economic inequalities centered on inheritance are perpetuated by major social institutions such as family, education, religion, etc., these differing life opportunities are argued to be transmitted from each generation. As

1410-546: The above changes, the Quran imposed restrictions on testamentary powers of a Muslim in disposing his or her property. Three verses of the Quran, 4:11, 4:12 and 4:176, give specific details of inheritance and shares, in addition to few other verses dealing with testamentary. But this information was used as a starting point by Muslim jurists who expounded the laws of inheritance even further using Hadith , as well as methods of juristic reasoning like Qiyas . Nowadays, inheritance

1457-648: The dead. For example, biographical writing is likely to be of a quite different authority if it is carried out with access to private papers. The literary executor then becomes a gatekeeper. Examples of literary executors include Sir Edward Marsh for Rupert Brooke , Robert Baldwin Ross for Oscar Wilde , Robert Hayward Barlow for H. P. Lovecraft , Rush Rhees , G. H. von Wright and G. E. M. Anscombe for Ludwig Wittgenstein , Otto Nathan for Albert Einstein , Regine Olsen for Søren Kierkegaard and Paul Williams for Philip K. Dick . A particularly notorious example

The Collected Works of Jeremy Bentham - Misplaced Pages Continue

1504-602: The era of modern jurisprudence have there been significant changes. The Quran introduced a number of different rights and restrictions on matters of inheritance, including general improvements to the treatment of women and family life compared to the pre-Islamic societies that existed in the Arabian Peninsula at the time. Furthermore, the Quran introduced additional heirs that were not entitled to inheritance in pre-Islamic times, mentioning nine relatives specifically of which six were female and three were male. However,

1551-578: The expense of others at the bottom of the social hierarchy . It is further argued that the degree to which economic status and inheritance is transmitted across generations determines one's life chances in society. Although many have linked one's social origins and educational attainment to life chances and opportunities, education cannot serve as the most influential predictor of economic mobility . In fact, children of well-off parents generally receive better schooling and benefit from material, cultural, and genetic inheritances. Likewise, schooling attainment

1598-532: The female line, most commonly going to the sister's sons of the decedent; but also, in some societies, from the mother to her daughters. Some ancient societies and most modern states employ egalitarian inheritance, without discrimination based on gender and/or birth order. The inheritance is patrimonial. The father —that is, the owner of the land— bequeaths only to his male descendants, so the Promised Land passes from one Jewish father to his sons. According to

1645-540: The inheritance rights of women remained inferior to those of men because in Islam someone always has a responsibility of looking after a woman's expenses. According to Quran 4:11 , for example, a son is entitled to twice as much inheritance as a daughter. The Quran also presented efforts to fix the laws of inheritance, and thus forming a complete legal system. This development was in contrast to pre-Islamic societies where rules of inheritance varied considerably. In addition to

1692-463: The inter generational transmission of income or wealth which is said to have a direct impact on one's mobility (or immobility) and class position in society. Nations differ on the political structure and policy options that govern the transfer of wealth. According to the American federal government statistics compiled by Mark Zandi in 1985, the average US inheritance was $ 39,000. In subsequent years,

1739-568: The intestate laws then apply. The exclusion from inheritance of a person who was an heir in a previous will, or would otherwise be expected to inherit, is termed "disinheritance". A person does not become an heir before the death of the deceased, since the exact identity of the persons entitled to inherit is determined only then. Members of ruling noble or royal houses who are expected to become heirs are called heirs apparent if first in line and incapable of being displaced from inheriting by another claim; otherwise, they are heirs presumptive . There

1786-682: The law and practices of secular institutions. From the beginning, this included inheritance. The Roman practice of adoption was a specific target, because it was perceived to be in conflict with the Judeo-Christian doctrine of primogeniture . As Stephanie Coontz documents in Marriage, a History (Penguin, 2006), not only succession but the whole constellation of rights and practices that included marriage, adoption, legitimacy, consanguinity, and inheritance changed in Western Europe from

1833-406: The majority might receive a small amount while the minority inherits a larger amount. The amount of inheritance is often far less than the value of a business initially given to the son, especially when a son takes over a thriving multimillion-dollar business, yet the daughter is given the balance of the actual inheritance amounting to far less than the value of the business that was initially given to

1880-774: The midst of benefiting from the greatest inheritance of wealth in history". Inherited wealth may help explain why many Americans who have become rich may have had a "substantial head start". In September 2012, according to the Institute for Policy Studies , "over 60 percent" of the Forbes richest 400 Americans "grew up in substantial privilege", and often (but not always) received substantial inheritances. Other research has shown that many inheritances, large or small, are rapidly squandered. Similarly, analysis shows that over two-thirds of high-wealth families lose their wealth within two generations, and almost 80% of high-wealth parents "feel

1927-511: The monetary aspect, though: appointment to such a position, perhaps informally, is often a matter of the author's choice during his or her lifetime. If a sympathetic and understanding friend is in the position of literary executor, there can be conflict: what is to be managed is not just a portfolio of intellectual property but a posthumous reputation. Wishes of the deceased author may have been clearly expressed but are not always respected. Family members often express strong feelings about privacy of

The Collected Works of Jeremy Bentham - Misplaced Pages Continue

1974-505: The next generation is not financially responsible enough to handle inheritance". It has been argued that inheritance plays a significant effect on social stratification . Inheritance is an integral component of family, economic, and legal institutions, and a basic mechanism of class stratification . It also affects the distribution of wealth at the societal level. The total cumulative effect of inheritance on stratification outcomes takes three forms, according to scholars who have examined

2021-426: The overall amount of total annual inheritance more than doubled, reaching nearly $ 200 billion. By 2050, there will be an estimated $ 25 trillion inheritance transmitted across generations. Some researchers have attributed this rise to the baby boomer generation. Historically, the baby boomers were the largest influx of children conceived after WW2. For this reason, Thomas Shapiro suggests that this generation "is in

2068-491: The rules of inheritance in the jurisdiction where the decedent was a citizen, or where the decedent died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid (for example, some states do not recognise handwritten wills as valid, or only in specific circumstances) and

2115-443: The son. This is especially seen in old world cultures, but continues in many families to this day. Arguments for eliminating forced heirship include the right to property and the merit of individual allocation of capital over government wealth confiscation and redistribution, but this does not resolve what some describe as the problem of unequal inheritance. In terms of inheritance inequality, some economists and sociologists focus on

2162-463: The subject. The first form of inheritance is the inheritance of cultural capital (i.e. linguistic styles, higher status social circles, and aesthetic preferences). The second form of inheritance is through familial interventions in the form of inter vivos transfers (i.e. gifts between the living), especially at crucial junctures in the life courses. Examples include during a child's milestone stages, such as going to college, getting married, getting

2209-529: Was that the series would eventually run to approximately 38 volumes, but this figure has since risen to a projected total of 80. The series divides into two sequences: the Correspondence (including letters both to and from Bentham); and the Works , i.e. writings which Bentham intended for publication, although many never progressed beyond drafts or outlines. The series was published from 1968 until 1981 by

#452547