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.
| ISBN-13: | 9780521877848 |
| ISBN-10: | 0521877849 |
| Publisher: | Cambridge University Press |
| Publication date: | 2008-05-08 |
| Edition description: | 1 |
| Pages: | 304 |
| Product dimensions: | Height: 9 Inches, Length: 6 Inches, Weight: 1.322773572 Pounds, Width: 0.81 Inches |
| Author: | Daniel Sperling |
| Language: | en |
| Binding: | Hardcover |
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