Posthumous Interests
Legal and Ethical Perspectives

The legal status of posthumous interests is analysed in three areas of medico-legal context.

Daniel Sperling (Author)

9780521187664, Cambridge University Press

Paperback, published 17 February 2011

304 pages
22.9 x 15.2 x 1.6 cm, 0.41 kg

'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

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.

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.

Subject Areas: Medical ethics & professional conduct [MBDC], Legal ethics & professional conduct [LATC], Jurisprudence & philosophy of law [LAB]