Posthumous Interests: Legal and Ethical Perspectives

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.

Author: Daniel Sperling
Publisher: Cambridge University Press
Published: 02/17/2011
Pages: 304
Binding Type: Paperback
Weight: 0.90lbs
Size: 9.02h x 5.98w x 0.64d
ISBN: 9780521187664

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