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Look Inside Posthumous Interests

Posthumous Interests
Legal and Ethical Perspectives

Part of Cambridge Law, Medicine and Ethics

  • Date Published: February 2011
  • availability: Available
  • format: Paperback
  • isbn: 9780521187664

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About the Authors
  • 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.

    • This was the first book to analyse the concept of posthumous interests with its emphasis on three under-regulated and incoherent legal areas
    • It is written by a lawyer and philosopher whose training is in the area of bioethics and medical law
    • Provides a thorough analysis of an area which by its nature evokes intuitive responses, subjectivity and sentimentalism occasionally reflected in case law
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    Reviews & endorsements

    'It is rare to discover a book that is certain to become one of the canonical texts in its area; Daniel Sperling's Posthumous Interests: Legal and Ethical Perspectives is such a rarity.' Metaphilosophy

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    Product details

    • Date Published: February 2011
    • format: Paperback
    • isbn: 9780521187664
    • length: 304 pages
    • dimensions: 229 x 152 x 16 mm
    • weight: 0.41kg
    • availability: Available
  • 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.

  • Author

    Daniel Sperling, Hebrew University of Jerusalem

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