Posthumous interests : legal and ethical perspectives
著者
書誌事項
Posthumous interests : legal and ethical perspectives
(Cambridge law, medicine and ethics / general editor Alexander McCall Smith)
Cambridge University Press, 2010, c2008
- : pbk
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注記
Originally published: 2008
"Paperback re-issue"--Back cover
内容説明・目次
内容説明
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.
目次
- 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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