Wednesday, March 11, 2009

Tocqueville on Inheritance:

When the law of inheritance permits, still more when it decrees, the equal division of a father's property among all his children, its effects are of two kinds: it is important to distinguish them from each other, although they tend to the same end. As a result of the law of inheritance, the death of each owner brings about a revolution in property; not only do his possessions change hands, but their very nature is altered, since they are parceled into shares, which become smaller and smaller at each division. This is the direct and as it were the physical effect of the law. In the countries where legislation establishes the equality of division, property, and particularly landed fortunes, have a permanent tendency to diminish. The effects of such legislation, however, would be perceptible only after a lapse of time if the law were abandoned to its own working; for, supposing the family to consist of only two children (and in a country peopled as France is, the average number is not above three ), these children, sharing between them the fortune of both parents, would not be poorer than their father or mother. But the law of equal division exercises its influence not merely upon the property itself, but it affects the minds of the heirs and brings their passions into play. These indirect consequences tend powerfully to the destruction of large fortunes, and especially of large domains. Among nations whose law of descent is founded upon the right of primogeniture, landed estates often pass from generation to generation without undergoing division; the consequence of this is that family feeling is to a certain degree incorporated with the estate. The family represents the estate, the estate the family, whose name, together with its origin, its glory, its power, and its virtues, is thus perpetuated in an imperishable memorial of the past and as a sure pledge of the future. (I am aware this duplicates my other file.) When the equal partition of property is established by law, the intimate connection is destroyed between family feeling and the preservation of the paternal estate; the property ceases to represent the family; for, as it must inevitably be divided after one or two generations, it has evidently a constant tendency to diminish and must in the end be completely dispersed. The sons of the great landed proprietor, if they are few in number, or if fortune befriends them, may indeed entertain the hope of being as wealthy as their father, but not of possessing the same property that he did; their riches must be composed of other elements than his. Now, as soon as you divest the landowner of that interest in the preservation of his estate which he derives from association, from tradition, and from family pride, you may be certain that, sooner or later, he will dispose of it; for there is a strong pecuniary interest in favor of selling, as floating capital produces higher interest than real property and is more readily available to gratify the passions of the moment. Great landed estates which have once been divided never come together again; for the small proprietor draws from his land a better revenue, in proportion, than the large owner does from his; and of course he sells it at a higher rate.2 The reasons of economy, therefore, which have led the rich man to sell vast estates will prevent him all the more from buying little ones in order to form a large one. (infer that if you have a large parcel of land, it is way more profitable to sell it in pieces than as a single estate.) What is called family pride is often founded upon an illusion of self-love. A man wishes to perpetuate and immortalize himself, as it were, in his great-grandchildren. Where family pride ceases to act, individual selfishness comes into play. When the idea of family becomes vague, indeterminate, and uncertain, a man thinks of his present convenience; he provides for the establishment of his next succeeding generation and no more. Either a man gives up the idea of perpetuating his family, or at any rate he seeks to accomplish it by other means than by a landed estate. Thus, not only does the law of partible inheritance render it difficult for families to preserve their ancestral domains entire, but it deprives them of the inclination to attempt it and compels them in some measure to co-operate with the law in their own extinction. The law of equal distribution proceeds by two methods: by acting upon things, it acts upon persons; by influencing persons, it affects things. By both these means the law succeeds in striking at the root of landed property, and dispersing rapidly both families and fortunes.3 Note - at this point, it sounds against all reason to approve of this method of partible inheritance. It is in fact the practiced method of the day, and approved of by T'ville, over Aristocracy. 1. I understand by the law of inheritance all those laws whose principal object it is to regulate the distribution of property after the death of its owner. The law of entail is of this number: it certainly prevents the owner from disposing of his possessions before his death; but this is solely with the view of preserving them entire for the heir. The principal object, therefore, of the law of entail is to regulate the descent of property after the death of its owner; its other provisions are merely means to this end. 2 I do not mean to say that the small proprietor cultivates his land better, but he cultivates it with more ardor and care; so that he makes up by his labor for his want of skill. (If T'ville is right, small farmers actually enjoy an advantage over large farmers who must work the land more skillfully to maximize benefit.) 3 Land being the most stable kind of property, we find from to time rich individuals who are disposed to make great sacrifices in order to obtain it and who willingly forfeit a considerable part of their income to make sure of the rest. But these are accidental cases. The preference for landed property is no longer found habitually in any class except among the poor. The small landowner, who has less information, less imagination, and less prejudice than the great one, is generally occupied with the desire of increasing his estate: and it often happens that by inheritance, by marriage, or by the chances of trade he is gradually furnished with the means. Thus, to balance the tendency that leads men to divide their estates, there exists another which incites them to add to them. This tendency, which is sufficient to prevent estates from being divided ad infinitum, is not strong enough to create great territorial possessions, certainly not to keep them up in the same family.

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