Posthumous Interests: Legal and Ethical Perspectives

Posthumous Interests: Legal and Ethical Perspectives

by Daniel Sperling
     
 

ISBN-10: 0521877849

ISBN-13: 9780521877848

Pub. Date: 06/30/2008

Publisher: Cambridge University Press

Daniel Sperling discusses the legal status of posthumous interests and their possible defeat by actions performed following the death of a person. The author first explores the following questions: Do the dead have interests and/or rights, the defeat of which may constitute harm? What does posthumous harm consist of and when does it occur, if at all? This is

Overview

Daniel Sperling discusses the legal status of posthumous interests and their possible defeat by actions performed following the death of a person. The author first explores the following questions: Do the dead have interests and/or rights, the defeat of which may constitute harm? What does posthumous harm consist of and when does it occur, if at all? This is followed by a more detailed analysis of three categories of posthumous interests arising in the medico-legal context: the proprietary interest in the body of the deceased, the testamentary interest in determining the disposal of one's body after death and the interest in post-mortem medical confidentiality. Sperling concludes that if we acknowledge the interest in one's symbolic existence and legally protect it, not only do some interests survive a person's death but we should also enjoy a peremptory legal power to shape in advance our symbolic existence after death.

Product Details

ISBN-13:
9780521877848
Publisher:
Cambridge University Press
Publication date:
06/30/2008
Series:
Cambridge Law, Medicine and Ethics Series, #7
Pages:
384
Product dimensions:
6.00(w) x 9.00(h) x 0.90(d)

Table of Contents

1. Posthumous harm, posthumous interests and symbolic existence; 2. Posthumous rights; 3. Proprietary interest in the body of the deceased; 4. Determining the disposal of one's body after death; 5. Medical confidentiality after death; Conclusion.

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