Respecting the living means respecting the dead too

Research output: Contribution to journalArticlepeer-review

Standard

Respecting the living means respecting the dead too. / McGuinness, Sheelagh.

In: Oxford Journal of Legal Studies, Vol. 28, No. 2, 2008, p. 297-316.

Research output: Contribution to journalArticlepeer-review

Harvard

APA

Vancouver

Author

Bibtex

@article{82f2de4f211b4ae490b7b509f86c6f0e,
title = "Respecting the living means respecting the dead too",
abstract = "Why should we respect the wishes which individuals may have about how their body is treated after death? Reflecting on how and why the law respects the bodies of the living, we argue that we must also respect the {\textquoteleft}dead{\textquoteright}. We contest the relevance of the argument {\textquoteleft}the dead have no interests{\textquoteright}, rather we think that the pertinent argument is {\textquoteleft}the living have interests in what happens to their dead bodies{\textquoteright}. And, we advance arguments why we should also respect the wishes of the relatives of the deceased regarding what happens to the bodies of their loved ones. In our analysis, we use objections to organ and tissue donation for conscientious reasons (often presented as religious reasons) to show why the living can have interests in their dead bodies, and those of their dead relatives, and why these interests should be respected.",
author = "Sheelagh McGuinness",
year = "2008",
doi = "10.1093/ojls/gqn005",
language = "English",
volume = "28",
pages = "297--316",
journal = "Oxford Journal of Legal Studies",
issn = "0143-6503",
publisher = "SIPRI/Oxford University Press",
number = "2",

}

RIS

TY - JOUR

T1 - Respecting the living means respecting the dead too

AU - McGuinness, Sheelagh

PY - 2008

Y1 - 2008

N2 - Why should we respect the wishes which individuals may have about how their body is treated after death? Reflecting on how and why the law respects the bodies of the living, we argue that we must also respect the ‘dead’. We contest the relevance of the argument ‘the dead have no interests’, rather we think that the pertinent argument is ‘the living have interests in what happens to their dead bodies’. And, we advance arguments why we should also respect the wishes of the relatives of the deceased regarding what happens to the bodies of their loved ones. In our analysis, we use objections to organ and tissue donation for conscientious reasons (often presented as religious reasons) to show why the living can have interests in their dead bodies, and those of their dead relatives, and why these interests should be respected.

AB - Why should we respect the wishes which individuals may have about how their body is treated after death? Reflecting on how and why the law respects the bodies of the living, we argue that we must also respect the ‘dead’. We contest the relevance of the argument ‘the dead have no interests’, rather we think that the pertinent argument is ‘the living have interests in what happens to their dead bodies’. And, we advance arguments why we should also respect the wishes of the relatives of the deceased regarding what happens to the bodies of their loved ones. In our analysis, we use objections to organ and tissue donation for conscientious reasons (often presented as religious reasons) to show why the living can have interests in their dead bodies, and those of their dead relatives, and why these interests should be respected.

U2 - 10.1093/ojls/gqn005

DO - 10.1093/ojls/gqn005

M3 - Article

VL - 28

SP - 297

EP - 316

JO - Oxford Journal of Legal Studies

JF - Oxford Journal of Legal Studies

SN - 0143-6503

IS - 2

ER -