This article explores the concept of consideration in contract law from a comparative perspective, looking at how English law and German law distinguish bargains from gifts. Contrary to the orthodoxy that consideration is unique to Common Law and absent from Civil Law, the bidirectional analysis in this article shows how English law and German law can be understood to fulfil a comparable function and can thus inform and benefit each other. The sophisticated English doctrine can be used to refine the rather imprecise German definition of gifts, whilst the understanding of English authorities can profit from reflecting inversely on the criterion of gratuitousness in German law.

Ethnographers have recorded many instances of tokens donated as gifts to attract new partners or strengthen ties to existing ones. We study whether gifts are an effective pledge of the donor’s trustworthiness through an experiment modeled on the trust game. We vary whether the trustee can send a token before the trustor decides whether to transfer money; whether one of the tokens is rendered salient through experimental manipulations (a vote or an incentive-compatible rule of purchase for the tokens); and whether the subjects interact repeatedly or are randomly re-matched in each round. Tokens are frequently sent in all studies in which tokens are available, but repeated interaction, rather than gifts, is the leading behavioral driver in our data. In the studies with random pairs, trustors send significantly more points when the trustee has sent a token. Subjects in a fixed matching achieve comparable levels of trust and trustworthiness in the studies with and without tokens. The trustee’s decision to send a token is not predictive of the amount the trustee returns to the trustor. A token is used more sparingly whenever salient — a novel instance of endogenous value creation in the lab.

Imagine two friends. Anna inherits nothing and works for every penny she has, while Mary inherits millions. How should a world that respects individual autonomy and private property rights treat Anna’s earnings and Mary’s inheritance? Should it tax them the same, or tax one more heavily than the other? If the latter, which one? The conventional wisdom holds that although some “right” libertarian theories justify taxing income, none justify taxing inheritances. Such taxes are “expropriations” and “an especially cruel injury” that “run[] roughshod over [a] deceased’s interest in the ends his property will serve.” This essay explores the standard libertarian objections to taxing gifts and bequests and argues that libertarians overstate their case when distinguishing the taxation of gratuitous transfers from other types of taxation. At minimum, the benefit theory of taxation embraced by many minimal statists and classical liberals mandates that the receipt of gifts and bequests should be taxed to the recipient. Moreover, the goals of curbing inherited political power and preventing wealthy families from insulating their members from market competition provide two additional explanations for why taxing inheritances to recipients is compatible with classical liberal values.

This article examines gift-giving within the Persian empire and its perception in Greek literary sources. Gift-giving in the Greek world was often framed in the language of friendship, and Greek authors subsequently articulated Persian traditions using the language and cultural norms of their intended audience. There were fundamental differences in the concepts of gift-exchange and reciprocity between the Greeks and the Persians. This article will examine Persian traditions of gift-giving followed by Greek traditions of gift-giving, and will argue that the Greek misrepresentation of Persian customs led to numerous misunderstandings in relations between Greek and Persian individuals. The use of Greek descriptive language, rather than more accurate terminology, to describe Persian traditions has hindered our understanding of gift-giving in the Persian empire. In addressing these misconceptions, this article will demonstrate the successful use of gift-giving in the Persian empire and the perils of Greek misrepresentation of foreign customs.

How can gift and gift-giving studies be relevant to the study of institutions and vice versa? This is the question we broadly address in the introduction to this symposium while drawing on the contributing articles and sketching out a possible future research in a perspective of integration between these two fields of study. Is the gift an institution? What types of methodological approaches would be most suitable in view of such integration? We define the gift as transfers underpinned by institutions, including customs and norms. We contend that the institutional thought can employ empirical and qualitative research methods used by anthropology and that there are important and fruitful lines of tension between gift-giving and institutions – from the relationship between freedom and obligation to the role of third sector between state and market – worthy of further research in the future.

In this paper I argue that in Western contemporary societies testimony is structured by norms of reciprocation and thus is best understood as involving the exchange of gifts rather than, as philosophers and game theorists have tended to presume, market transactions. My argument is based on an initial analysis of the reactive attitudes that are exhibited in testimonial exchanges. I highlight the central role played by the reciprocating attitudes of gratitude and gratification respectively in the recipient and the donor of testimony. This analysis leads to an account of the speech act of telling that is the primary vehicle of testimony. Telling, I argue, is a commissive but it is not, as it is usually presumed, akin to promising. Instead, its nature is that of an offer of a gift. Finally, I develop an account of the norms of trust and trustfulness as reciprocating social norms. I show that adopting these norms provides a particularly effective solution of the problem of cooperation. The solution is particularly effective because it incentivises both the sharing of epistemic goods and the acquisition of further such goods so that one is able to share them.

Remittances from the Vietnamese diaspora have played an important role in Vietnam's post-Cold War economic development, providing important inputs to a range of household spending areas, from education to health care. In the case of Vietnam, however, remittances are also caught up with memories and traumas of war, betrayal, separation, and exodus. This article traces that history and illustrates how Vietnam's particular post-war refugee and remittance situations and channels illuminate networks and exacerbate inherent contradictions and comparisons in the mobile flows of finance, people, and goods across borders. Examining genealogies of remittance reception and management offers insight and intervention into analytical assumptions of the distancing and mediating functions inherent to classic conceptions of money, as well as the reciprocity and recognition perceptions mapped onto gift economies.

Economics has tended to neglect giving, and thus both its important contemporary economic role and its potential contribution to alternative, non-market systems. To remedy this, it will need to draw on the broad debates on the nature of the gift that have developed in and across the other social sciences. This paper addresses several of these by asking how we should define the terms gift and giving. It rejects definitional associations of giving with obligation, reciprocity and the development of social relationships. Such definitions exclude many phenomena commonly understood as giving and underpin misguided attempts to analyse gifts in contemporary late-modern societies in terms derived from anthropological discussions of very different societies. Instead, the paper develops a definition of the gift based on contemporary giving institutions. A more open, contemporary definition of the gift helps to sensitise us to the continuing importance of gift institutions in social and economic life.

Pharmaceutical representatives use detailing, gift giving, and the donation of free samples as a means to gain access to and influence over physicians. In biomedical ethics, there has been an ongoing debate as to whether these practices constitute an unethical conflict of interest (COI) on the part of the physician. Underlying this debate are the following antecedent questions: (1) what counts as a conflict of interest, (2) when are such conflicts unethical, and (3) how should the ethical physician respond to conflicts? This article distinguishes between two perspectives that have been developed on these issues: a reliable performance model (PM) and a trustworthiness model (TM). PM advocates argue that a conflict of interest can only be established by demonstrating that a particular influence is undermining the reliability of the physician’s judgment, and this requires empirical evidence of negative patient outcomes. TM advocates, on the other hand, argue that because of the fiduciary nature of the patient-physician relationship, physicians have an obligation to develop and be worthy of patient trust. A COI, on this view, is a condition that undermines the warrant for patients to judge a physician as trustworthy. Although there is much that is right in the PM, it is argued that the TM does a better job of responsibly addressing the unique vulnerabilities of the patient. The TM is then applied to the practices of detailing, gift giving, and sample donation. It is concluded that these practices constitute an unethical conflict of interest.

An anonymous survey distributed to doctors in Poland revealed the troublesome relationship between physicians and pharmaceutical sale representatives in terms of the frequency of visits, the trust of physicians in information supplied by sales reps, gifts accepted, and the general influence of marketing strategies on physician decisions. Challenges remain, despite laws enacted to address the problem.