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The right to bequeath under the Difference Principle: a Rawlsian defence of inheritance

Published online by Cambridge University Press:  16 April 2026

Alejandro Berrotarán*
Affiliation:
School of Law, Universidad Nacional de Córdoba, Córdoba, Argentina and Instituto de Estudios sobre Derecho, Justicia y Sociedad (Consejo Nacional de Investigaciones Científicas y Técnicas - Universidad Nacional de Córdoba), Córdoba, Argentina
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Abstract

While Rawls’s theory has often been used to critique inherited wealth inequalities, this paper explores an underexamined possibility: a Rawlsian justification of inheritance. I argue that the right to bequeath can be justified when regulated by the Difference Principle. According to this principle, bequests can be permissible if they function as an incentive that maximally benefits the least advantaged. To meet this condition, I propose a specific inheritance tax design – sensitive to the disincentive effects of receiving large inheritances and the incentive scope of bequeathing – with progressive rates based both on the amount received and the number of transfers.

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Article
Creative Commons
Creative Common License - CCCreative Common License - BY
This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited.
Copyright
© The Author(s), 2026. Published by Cambridge University Press
Figure 0

Table 1. Distribution of resources under three alternative institutional arrangements

Figure 1

Table 2. Distribution of resources under alternative arrangements with and without inheritance