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

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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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