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Posthumous Interests Daniel Sperling (Senior Lecturer, Federmann School of Public Policy and Government and Braun School of Public Health, University of Toronto)

Posthumous Interests By Daniel Sperling (Senior Lecturer, Federmann School of Public Policy and Government and Braun School of Public Health, University of Toronto)

Summary

The legal status of posthumous interests is explored and analysed, specifically in three categories of interest 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 confidentiality.

Posthumous Interests Summary

Posthumous Interests: Legal and Ethical Perspectives by Daniel Sperling (Senior Lecturer, Federmann School of Public Policy and Government and Braun School of Public Health, University of Toronto)

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.

Posthumous Interests Reviews

'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

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.

Additional information

NLS9780521187664
9780521187664
0521187664
Posthumous Interests: Legal and Ethical Perspectives by Daniel Sperling (Senior Lecturer, Federmann School of Public Policy and Government and Braun School of Public Health, University of Toronto)
New
Paperback
Cambridge University Press
2011-02-17
304
N/A
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