Posthumous Interests
Subtitle: Legal and Ethical Perspectives (Cambridge Law, Medicine and Ethics)
Edition: 1 edition
Publisher: Cambridge University Press
Published: May 31, 2008
Language: eng
Format: Hardcover
Number of pages: 384
ISBN-13: 9780521877848
Subjects: Jurisprudence & philosophy of law; Legal profession; Law / Medical Law & Legislation; Medical Law & Legislation; Law; Body, Human; Dead bodies (Law); Interest (Ownership rights); Law and legislation
Description: 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.