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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.

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Book Details

ISBN: 9780521877848
ISBN-10: 0521877849
Format: Hardback
(228mm x 152mm x 21mm)
Pages: 304
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 8-May-2008
Country of Publication: United Kingdom

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Author Biography - Daniel Sperling

Daniel Sperling is Professor of Philosophy of Law and Bioethics at the School of Law, Netanya Academic College, Israel.

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