Are We Still Modern? Inheritance Law and the Broken Promise of the Enlightenment

The regulation of the transfer of property mortis causa has been a major concern of social reformers since the Enlightenment. Today, by contrast, the issue of the bequest of wealth from generation to generation stirs hardly any political controversy. Since the mid-twentieth century the topic has lost much of its earlier significance in public debates. In this working paper I show that over the last forty years we can observe a backlash in key areas of inheritance law which breaks the Enlightenment’s promise to distribute wealth in society based on individual achievement rather than ascriptive criteria. Hence the question: “Are we still modern?”