Legal and Ethical Perspectives (Cambridge Law, Medicine and Ethics)
Edición de la obra Posthumous interests
| Autor | Daniel Sperling |
|---|---|
| Editorial | Cambridge University Press |
| Fecha de publicación | May 31, 2008 |
| Idioma | inglés |
| Páginas | 384 |
| Formato | Hardcover |
| ISBN-13 | 9780521877848 |
| ISBN-10 | 0521877849 |
| OCLC | 181141075 |
| LCCN | 2007050179 |
| Número de Cutter | S749p |
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.