Posthumous Interests by Daniel Sperling

Full Title: Posthumous Interests: Legal And Philosophical Examination In The Medical Context
Author/Editor(s): Daniel Sperling
ISBN: 0494219068, 9780494219065
Publisher:
Published/Copyright Year: 2006
Language: English
Physical Description: 29 cm
Number of pages: 408 (ix, 408 pages)
Categories:
University Of Toronto > Faculty Of Law > Dissertations
Dead > Legal Status, Laws, Etc
Dead Bodies (Law)
Inheritance And Succession
Decedents' Estates


Content:
I conclude my thesis by arguing that if we acknowledge the interest in one's symbolic existence and if we legally protect it, we should enjoy the power to shape our symbolic existence and that such power should have peremptory legal status. Hence, any interference with the way we choose to dispose of our body after death, subjecting our bodies to the proprietary interest of another or disclosing sensitive information regarding our health condition after death diminishes our symbolic existence and may prima facie constitute legal harm.In my thesis, I explore the legal status of posthumous interests, namely interests whose application or fulfillment occurs after a person's death. I am specifically concerned with three categories of 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 postmortem medical confidentiality.Having established the possibility of posthumous harm, I turn to examine the representation of posthumous interests in three areas of law: property law, law of wills and testaments and privacy law. My legal analysis reveals that on a theoretical level, the traditional legal theories cannot entirely accommodate the legal disputes arising in the postmortem situations. It also raises the difficulties inherent in these different areas of law concerning the categorization of the legal dilemmas at stake and the framing of conflicting values arising out of these disputes.In my thesis, I explore these difficulties, arguing for a unified concept of a human interest the protection of which explains but also justifies the legal solutions to the problems raised under these situations. This interest, which I call the interest in the recognition of one's symbolic existence , refers to a second order existence of the human being usually taking place in the minds, thoughts and language of other existing creatures or in the actions, possessions and alike of the person whose interest in symbolic existence it is.I begin my analysis with the exploration of the problems I identify in the postmortem context. These problems raise the question of whether the dead have interests or rights the defeat of which may constitute harm, and if so, who is the subject being harmed, what does posthumous harm consist of, and when does posthumous harm occur, if at all.

Notes:
Source: Dissertation Abstracts International, Volume: 68-01, Section: A, page: 0326.
Includes bibliographical references.

Electronic Resources:
http://link.library.utoronto.ca/eir/EIRdetail.cfm?Resources__ID=449760&T=F

ISBNPlus ID: UOT.VC42.22042-3-2706247
Nature: Bibliographies
Form: Nonfiction

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@book{isbnplus9780494219065,
 title={Posthumous Interests: Legal And Philosophical Examination In The Medical Context},
 author={Daniel Sperling},
 isbn={9780494219065},
 url={http://isbnplus.org/9780494219065},
 year={2006}
}
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%0 Book
%T Posthumous Interests: Legal And Philosophical Examination In The Medical Context
%A Daniel Sperling
%@ 9780494219065
%U http://isbnplus.org/9780494219065
%D 2006
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TY  - BOOK
T1  - Posthumous Interests: Legal And Philosophical Examination In The Medical Context
A1  - Daniel Sperling
SN  - 9780494219065
UR  - http://isbnplus.org/9780494219065
Y1  - 2006
ER  - 
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APA Style:
Sperling, D. (2006). Posthumous Interests: Legal And Philosophical Examination In The Medical Context. : .

MLA Style:
Sperling, Daniel. Posthumous Interests: Legal And Philosophical Examination In The Medical Context. : , 2006. Print.

Chicago Style:
Sperling, Daniel. Posthumous Interests: Legal And Philosophical Examination In The Medical Context. : , 2006.