property. It is said sometimes that bequest is a "logical" result
of private property, but the law does not treat it as such. The
right of bequest, or of gift at death, is limited in various ways
in different countries. In countries where hereditary aristocracies
exist, primogeniture is in some cases required by law, in others
so strongly favored by public opinion that it is practically always
followed. Custom limits bequests in England to members of the family,
and wills given outside the family are rare, and are almost always
broken in the courts. John Stuart Mill contrasted this with the
practice in America, frequent even in his day and still more frequent
now, of rich men giving for public purposes. In France the right of
bequest outside the family is legally limited; only the share of one
child can be willed away by the father, and the rest must be equally
divided among the children. Settlements and _fidei commissa_ are
limited in many countries, because of the recognized social evils
resulting from the tying up of estates for generations. Throughout the
history of England, Parliament has given attention to the question of
mortmain, which chiefly concerned the drifting of great estates into
the hands of the church or of corporations, as the result of bequests
by the pious. In England, of late (and to a less extent in this
country), the policy of permitting unlimited endowments to charitable
institutions has been seriously questioned, and by legislation some
of the old endowments have been diverted from their original purposes
when these have ceased to be of social utility. Inheritance, in
contrast with bequest, usually means succession to the property of
one who has died intestate, that is, has made no will. The law of
inheritance likewise varies greatly with time and place.

Sec. 8. #Social expediency of private property#. In the light of present
political philosophy the explanation and justification of private
property must be on grounds of social expediency. This is a broad
explanation and it has the fault of a broad explanation, that it needs
to be further explained. Under it can be brought the many varying
conditions. Even if private property works hardship to individuals in
many cases, yet it may be justified if, on the whole, it is best for
the progress of society. Laws must be judged by their average working,
not by exceptional cases. In general, the system of private property
must be judged by this test: D