Using Social Science to Inform the Law of Intestacy: The Case of Unmarried Committed Partners

Laws of intestate succession determine how the estate of a person who dies without a will is distributed. Researchers have struggled with the question of how to infer the donative intent of persons who die intestate. Based on an empirical study of unmarried committed partners, we compare the usefulness of two methods of social research for informing intestacy law: will studies and interviews with living persons about their preferences for estate distribution. The results indicate that for some groups of unmarried committed partners, will studies may not adequately reflect the extent to which intestate decedents wish their partner to share in their estate. In addition, the results demonstrate a close correspondence between respondents' actual wills, when they had them, and their distributive preferences on hypothetical scenarios. These findings are discussed as they relate to an examination of which sources of social scientific evidence are most useful in informing the law of intestacy.     

Race,Social Welfare,and the Decline of Postwar Liberalism: A New or Old Key?

Fifty-one years ago, when liberalism and social welfare democracy were expanding in all advanced industrialized nations, V.O. Key, Jr., forecast the decline of postwar liberalism in the United States. Current discussion of the decline of liberalism has ignored Key or, when evidence is lacking, has incorrectly cited him. In contrast to Key's relatively direct, simple, and heavily documented reasoning, current explanations are multifactorial, complex, less well documented, and often ideologically loaded. Some explanations for the postwar decline identify causal factors more than six years after the war, yet they ignore events in 1945–47. At the fifty-first anniversary of V.O. Key's Southern Politics in State and Nation, attention to Key's forecast and Occam's razor is called for. Key argued that racism in the South, exerted through congressional committees, would lead to a decline of liberalism in the nation. Using legislative histories, this article compares Key's single-factor racial explanation with a two-factor explanation—and by implication with multifactor ones—and finds Key's more compelling and parsimonious. Archival sources indicate that more than two years before the 1948 Democratic Convention, Charlie Ross, Truman's closest advisor, and Truman himself encouraged Key to assess the emerging postwar politics of the South. As Key anticipated, institutionalized racism sunk the Fair Deal and postwar social democracy, despite Truman's efforts. The effects of racism on postwar and current politics and public administration should be reexamined as a key to understanding American distinctiveness or exceptionalism.     

‘We Don’t Have This Is Mine and This Is His’: Managing Money and The Character of Conjugality in Kenya

Abstract

In the context of calls for more nuanced understanding of marriage as a dynamic institution, this paper addresses a gap in the literature on intra-household financial management. It examines financial management systems and levels of cooperation among 51 married couples in Kenya. It first presents a typology of intra-household financial management arrangements and then examines how this relates to the nature of cooperation between couples. It reveals a wide spectrum of cooperation which highlights the neglected case of strong cooperation, which is found to be more frequent among younger couples. There is some evidence that this is the result of changing ideologies towards companionate marriage but there is also evidence of life-cycle influences which result in declining cooperation over time.