In Usufruct to the Living

Abstract

An especially underappreciated problem regarding philanthropic power concerns the way in which charitable gifts exercise control over future generations. Charitable bequests and trusts, which are popular instruments of donation, bind future generations to respect the wills of past donors. This chapter draws on views of Thomas Jefferson—noted critic of institutions that favor the dead over the living—to illustrate the problem of “dead-hand control.” Jefferson’s perspective helps us to appreciate that donations meant to benefit future persons may also mistreat them by imposing conditions on their use of resources. The chapter argues that generations have an interest in sovereignty over their common affairs that qualifies how resources can be donated across time. Though it ultimately defends the practice of intergenerational philanthropy, the chapter also shows how taking the value of sovereignty seriously recommends restrictions on the duration that donors can expect to have their wills honored.