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Acknowledgments vii
Introduction 1
Inheritance and Modern Society 1
Social Dimensions of Inheritance Law 12
The Right to Bequeath: Testamentary Freedom and the Individuality of Property 21
France: Equality versus the Freedom of Private Disposition over Property 23
Germany: Testamentary Freedom versus Family and Social Justice 50
United States: Equality of Opportunity versus Individual Rights of Disposition 69
Conclusion 80
Equality and Inclusion: The Inheritance Rights of the Family 83
The Principle of Equality in Intestacy Law 87
The Spouse in Intestacy Law 90
The Integration of Illegitimate Children into Inheritance Law 99
Conclusion 109
Political Structure and Inheritance Law: The Abolition of Entails 114
The Double Abolition of Substitutions in France 119
The Delayed Abolition of Fideikommisse in Germany 131
The Abolition of Entails in the American Revolution 156
Conclusion 163
Social Justice through Redistribution? The Taxation of Inheritance 167
Equality of Opportunity versus Private Property: The Estate Tax in the United States 171
"Sense of Family" versus Social Justice: The Inheritance Tax in Germany 209
Destruction of National Wealth? The Progressive Inheritance Tax in France 243
Conclusion 270
Conclusion: Discourses and Institutions 275
The Method of Content Analysis of Parliamentary Debates 295
Notes 299
References 343
Index 367
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