Is the freedom to bequeath a basic liberty?

Abstract

Why should we recognize people's freedom to bequeath? In this article, I argue that bequeathing should be considered a basic liberty within John Rawls' scheme of justice. To do so, I begin by identifying the characteristics of the interests protected by the basic liberties. These interests are linked to the exercise or development of the two moral powers of persons, must belong to the holder of the right or freedom, and can only be limited by the externalities arising from the exercise of other fundamental interests. Subsequently, I address whether the interest covered by the right to bequeath meets these criteria. Finally, I conclude by establishing that the power to bequeath is a basic liberty that protects the interest of its holder in being partial and that can only be limited if its exercise undermines other fundamental liberties.