If you can setup a non-profit like this they can theoretically give forever. That is what the philanthropists are going for. They want their gift to keep giving and be their legacy. Preventing that is not a good idea in my opinion.
In essence, the rule prevents a person from putting qualifications and criteria in a deed or a will that would continue to affect the ownership of property long after he or she has died, a concept often referred to as control by the "dead hand" or "mortmain".
This seems like a very narrow point directed at wills controlling real property.
Harvard has a very large endowment it uses provide free tuition and much more, but I would think the overall sentiment is positive about their actions. What about the Norway's sovereign fund? Why would it be different for an individual who wants to setup an organization to impact the world in some way in perpetuity?
There are a lot of charities I don't want, but I don't think I should have the right to say what charities exist. Also, charities need people to run them, they aren't soulless automatons that execute on whatever evil plan was concocted by its benefactor. They are generally given broad direction and have the ability to change over time.
Yes but if you're a libertarian you dont believe in the enlightenment values anyway. This law is to reduce the power of the dead over the living and to allow them to chose their own path. This concept is similar to democracy where the monopoly of physical power rests in the hands of a majority of the populous.
The USA of 1776 is quite different from today. I think one of the big breaks was about states rights causing the civil war and effectively reconstituting the country.
Even something like free speech (probably one of more unique things about USA) actually has its formulation in the 20th century. There are more obvious things like constitutional amendments or changes in interpretation.
Finally of course the USA is a creation of not abiding to the rules and traditions of the UK.
The laws of the past are not a tyrant over us and should not be.
