As the use of human body parts has become increasingly commercialized, a need has arisen for new approaches to regulation that moves beyond the paradigm of altruism. During the course of this discussion, the notion of property has become a key concept. Focusing on practical and conceptual perspectives, the multidisciplinary group of authors, which includes specialists in philosophy, law, sociology, biology and medicine, have come together with practicing lawyers to consider both legal provisions and patterns of regulation in countries across Europe. Identifying divergences between different legal traditions, the authors explore various conceptual models which could be used to improve and to guide policy making. With this twin focus on practical and conceptual perspectives, this volume sets the standard for a detailed and innovative discussion of issues surrounding the regulation of research on human tissue.

This edited volume brings together leading scholars on the death penalty within international, regional and municipal law. It considers the intrinsic elements of both the promotion and demise of the punishment around the world, and provides analysis which contributes to the evolving abolitionist discourse. The contributors consider the current developments within the United Nations, the Council of Europe, the African Commission and the Commonwealth Caribbean, and engage with the emergence of regional norms promoting collective restriction and renunciation of the punishment. They investigate perspectives and questions for retentionist countries, focusing on the United States, China, Korea and Taiwan, and reveal the iniquities of contemporary capital judicial systems. Emphasis is placed on the issues of transparency of municipal jurisdictions, the jurisprudence on the 'death row phenomenon' and the changing nature of public opinion. The volume surveys and critiques the arguments used to scrutinize the death penalty to then offer a detailed analysis of possible replacement sanctions.

The regulation of the body provides an important concern in law, medical practice and culture. This volume contributes to existing research in the area by encouraging experts from a range of related disciplines to consider the legal, cultural and medical ways in which we regulate the body, further exploring how conceptions of self, liberalism, property and harm inform and influence contentious legal and ethical questions about what we can and cannot do to or with our own bodies.

How do twentieth and twenty-first century artists bring forth the powerful reality of death when it exists in memory and lived experience as something that happens only to others? Death in American Texts and Performances takes up this question to explore the modern and postmodern aesthetics of death. Working between and across genres, the contributors examine literary texts and performance media, including Robert Lowell's For the Union Dead, Luis Valdez' Dark Root of a Scream, Amiri Baraka's Dutchman, Thornton Wilder's Our Town, John Edgar Wideman's The Cattle Killing, Toni Morrison's Sula and Song of Solomon, Don DeLillo's White Noise and Falling Man, and HBO's Six Feet Under. As the contributors struggle to convey the artist's crisis of representation, they often locate the dilemma in the gap between artifice and nature, where loss is performed and where re-membering is sometimes literally reenacted through the bodily gesture. While artists confront the impossibility of total recovery or transformation, so must the contributors explore the gulf between real corpses and their literary or performative reconstructions. Ultimately, the volume shows both artist and critic grappling with the dilemma of showing how the aesthetics of death as absence is made meaningful in and by language.

There has been a general assumption in the international debate surrounding organ procurement that Presumed Consent (opting-out) systems produce better results than Express Consent (opting-in) systems. This study uses the French case to challenge this widely held assumption and argues that the French presumed consent systems coexist with patterns of behaviour that in practice do not mobilize the law. It explores four key areas to current research in socio-legal studies focussing on the state and nature of social solidarity, social engineering and the changing nature of the citizen-state relations, state intervention in the event of death and discretion in use of corpses and recent modifications of the status of medical professionals as figures of authority and agents of state policy. Using material based on interviews with medical professionals, this title will be a valuable resource for researchers, academics, policy-makers and practitioners with an interest in this complex and topical subject.

In Time and Death Carol White articulates a vision of Martin Heidegger's work which grows out of a new understanding of what he was trying to address in his discussion of death. Acknowledging that the discussion of this issue in Heidegger's major work Being and Time is often far from clear, White presents a new interpretation of Heidegger which short-circuits many of the traditional criticisms. White claims that we are all in a better position to understand Heidegger's insights after fifty years because they have now become a part of the conventional wisdom of common opinion. His view shows up in accounts of knowledge in the physical sciences, in the assumptions of the social sciences, in art and film, even in popular culture in general, but does so in ways ignorant of their origins. Now that these insights have filtered down into the culture at large, we can make Heidegger intelligible in a way that perhaps he himself could not. White presents the best possible case for Heidegger, making him more intelligible to those people with a long acquaintance with his work, those with a long aversion to it and in particular to those just starting to pursue an interest in it. White places the problems with which Heidegger is dealing in the context of issues in contemporary Anglo-American philosophy, in order to better locate him for the more mainstream audience. The language and approach of the book is able to accommodate the novice but also offers much food for thought for the Heidegger scholar.

This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.

Shedding light on the relationship between violence and contemporary society, this volume explores the distinctive but little-known theories of violence in the work of Georges Bataille and Jean Baudrillard, applying these to a range of violent events - events often labelled 'inexplicable' - in order to show how even the most extreme of acts can be seen as socially meaningful. The book offers an understanding of violence as fundamental to social relations and social organisation, departing from studies that focus on individual offenders and their psychological states to concentrate instead on the symbolic relations or exchanges between agents and between agents and the structures they find themselves inhabiting. Developing the notion of symbolic economies of violence to emphasise the volatility and ambivalence of social exchanges, Violence, Society and Radical Theory reveals the importance to our understanding of violence, of the relationship between the structural or systemic violence of consumer capitalist society and forms of 'counter-violence' which attack this system. A theoretically rich yet grounded expansion of that which can be considered meaningful or thinkable within sociological theory, this ground-breaking book will appeal to scholars and students of social and political theory and contemporary philosophy.

This is the first international study of maternal care and maternal mortality. Over the last two hundred years, different countries developed quite different systems of maternal care. Death in Childbirth is a meticulously researched analysis, firmly grounded in the available statistics, of the evolution of those systems between 1800 and 1950 in Britain, the USA, Australia and New Zealand, and on the continent of Europe. Irvine Loudon examines the effectiveness of various forms of maternal care by means of the measurement of maternal mortality - the number of women who died as a result of childbirth. His scholarly and comprehensive study sets out to answer a number of important questions. What was the relative risk of a home or hospital delivery, or a delivery by a midwife as opposed to a doctor? What was the safest country in which to have a baby, and what were the factors which accounted for enormous international differences? Why, against all expectations, did maternal mortality fail to decline significantly until the late 1930s? Death in Childbirth makes an invaluable contribution to medical and social history.

Coming at a time of renewed interest in the developmental changes of the life cycle, Psychotherapy and the Widowed Patient is a rich resource that examines the impact of a spouse's death on an individual's mental health. Psychiatrists and psychoanalysts address a wide range of issues concerning loss, grief, and bereavement, and provide practical and creative approaches for both widowed persons and the helping professionals charged with treating their grief. Chapters in this compassionate volume discuss the characteristics of individuals who are more likely to seek professional help in coping with grief, widowhood as a time of growth and development, the value of openness instead of denial in dealing with death, the grieving process in young widowed spouses, the similarities of widowhood to separation and divorce, the role of dependency in how well widowed patients develop emotionally, and the role of loyalty in the process of grief. The more clinical chapters examine strategies for carrying out experiential psychotherapy with widowed patients, rational-emotive therapy, grief therapy, the effects of new perspectives on spousal bereavement on clinical practice, and aspects of bereavement response to loss, with a timeframe for viewing psychotherapeutic intervention. A review of the psychological literature regarding widowhood completes this comprehensive new book.

While immensely popular in the eighteenth century, current critical wisdom regards graveyard poetry as a short-lived fad with little lasting merit. In the first book-length study of this important poetic mode, Eric Parisot suggests, to the contrary, that graveyard poetry is closely connected to the mid-century aesthetic revision of poetics. Graveyard poetry's contribution to this paradigm shift, Parisot argues, stems from changing religious practices and their increasing reliance on printed material to facilitate private devotion by way of affective and subjective response. Coupling this perspective with graveyard poetry's obsessive preoccupation with death and salvation makes visible its importance as an articulation or negotiation between contemporary religious concerns and emerging aesthetics of poetic practice. Parisot reads the poetry of Robert Blair, Edward Young and Thomas Gray, among others, as a series of poetic experiments that attempt to accommodate changing religious and reading practices and translate religious concerns into parallel reconsiderations of poetic authority, agency, death and afterlife. Making use of an impressive body of religious treatises, sermons and verse that ground his study in a precise historical moment, Parisot shows graveyard poetry's strong ties to seventeenth-century devotional texts, and most importantly, its influential role in the development of late eighteenth-century sentimentalism and Romanticism.

Death in Medieval Europe: Death Scripted and Death Choreographed explores new cultural research into death and funeral practices in medieval Europe and demonstrates the important relationship between death and the world of the living in the Middle Ages. Across ten chapters, the articles in this volume survey the cultural effects of death. This volume explores overarching topics such as burials, commemorations, revenants, mourning practices and funerals, capital punishment, suspiscious death, and death registrations using case studies from across Europe including England, Iceland, and Spain. Together these chapters discuss how death was ritualised and choreographed, but also how it was expressed in writing throughout various documentary sources including wills and death registries. In each instance, records are analysed through a cultural framework to better understand the importance of the authors of death and their audience. Drawing together and building upon the latest scholarship, this book is essential reading for all students and academics of death in the medieval period.

BOOK OF THE YEAR IN THE SPECTATOR AND THE TIMES 'Fascinating.... Deeply disturbing... Brilliant' Sunday Times 'Powerful and moving.' Louis Theroux Meet Adam. He's twenty-seven years old, articulate and attractive. He also wants to die. Should he be helped? And by whom? In The Inevitable, award-winning journalist Katie Engelhart explores one of our most abiding taboos: assisted dying. From Avril, the 80-year-old British woman illegally importing pentobarbital, to the Australian doctor dispensing suicide manuals online, Engelhart travels the world to hear the stories of those on the quest for a 'good death'. At once intensely troubling and profoundly moving, The Inevitable interrogates our most uncomfortable moral questions. Should a young woman facing imminent paralysis be allowed to end her life with a doctor's help? Should we be free to die painlessly before dementia takes our mind? Or to choose death over old age? A deeply reported portrait of everyday people struggling to make impossible decisions, The Inevitable sheds crucial light on what it means to flourish, live and die.

This groundbreaking book is the first collection to investigate the law, political science and ethical perspectives collectively in relation to the right and value of life. Its contributions from international roster of scholars are organized around five themes: a theoretical positioning of life and death; War, armed conflict and detention; Death as punishment; Medical parameters for ending life; and medical policies for the preservation of life. In studying this issue in its contemporary contexts of "right" and "value," the volume fills the current scholarly lacuna in the general subject of the orientations of life. It presents a much-needed examination of key issues in a broad practical and theoretical context, and holds broad appeal for scholars, researchers, and students occupied with issues of war, armed conflict, the death penalty, and various contemporary medico-legal scenarios.

Departing from a persisting current in Western thought, which conceives of time in the abstract, and often reflects upon death as occupying a space at life's margins, this book begins from position that it is in fact through the material and perishable world that we experience time. As such, it is with death and our encounters with it, that form the basis of human conceptions of time. Presenting rich, interdisciplinary empirical studies of death rituals and practices across the globe, from the US and Europe, Asia, The Middle East, Australasia and Africa, Taming Time, Timing Death explores the manner in which social technologies and rituals have been and are implemented to avoid, delay or embrace death, or communicate with the dead, thus informing and manifesting humans' understanding of time. It will therefore be of interest to scholars and students of anthropology, philosophy, sociology and social theory, human geography and religion.

Despite the numerous vicious conflicts that scarred the twentieth century, the horrors of the Western Front continue to exercise a particularly strong hold on the modern imagination. The unprecedented scale and mechanization of the war changed forever the way suffering and dying were perceived and challenged notions of what the nations could reasonably expect of their military. Examining experiences of the Western Front, this book looks at the life of a soldier from the moment he marched into battle until he was buried. In five chapters - Battle, Body, Mind, Aid, Death - it describes and analyzes the physical and mental hardship of the men who fought on a front that stretched from the Belgian coast to the Swiss border. Beginning with a broad description of the war it then analyzes the medical aid the Tommies, Bonhommes and Frontschweine received - or all too often did not receive - revealing how this aid was often given for military and political rather than humanitarian reasons (getting the men back to the front or munitions factory and trying to spare the state as many war-pensions as possible). It concludes with a chapter on the many ways death presented itself on or around the battlefield, and sets out in detail the problems that arise when more people are killed than can possibly be buried properly. In contrast to most books in the field this study does not focus on one single issue - such as venereal disease, plastic surgery, shell-shock or the military medical service - but takes a broad view on wounds and illnesses across both sides of the conflict. Drawing on British, French, German, Belgian and Dutch sources it shows the consequences of modern warfare on the human individuals caught up in it, and the way it influences our thinking on 'humanitarian' activities.

The anxiety over death persists in everyday life- though often denied or repressed- lingering as an unconscious worry or intuition that typically seems to compromise one's feelings of well-being and experience in a range of areas; coming out often as malaise, depression, and anger in much conduct. If one accepts the cliche that life is preparation for death, we must accept that the lived experience of the dying body is not highlighted merely in obvious cases of deterioration such as in the ageing or diseased body, but in everyday life as a normal phenomenon. This book proposes that sensitivity to this dimension can empower us to develop creative relationships to the vulnerability of others and to ourselves as well. Part One lays the groundwork for a study of the ways the aura and fear of death recurs as a constant premonition in life and how people try to deal with this uneasiness. Part Two then goes on to apply this focus to particular concerns and problems such as dementia, depression, aging, retirement, and a range of anxieties, frustrations and aggressions. The Dying Body as Lived Experience will be of interest to a wide interdisciplinary audience in the health sciences, in the sociology of health and illness, philosophy, bioethics and in the expanding field of medical humanities.

In October 1994, fifty-three members of the Order of the Solar Temple in Switzerland and Quebec were murdered or committed suicide. This incident and two later group suicides in subsequent years played a pivotal role in inflaming the cult controversy in Europe, influencing the public to support harsher actions against non-traditional religions. Despite the importance of the Order of the Solar Temple, there are relatively few studies published in English. This book brings together the best scholarship on the Solar Temple including newly commissioned pieces from leading scholars, a selection of Solar Temple documents, and important previously published articles newly edited for inclusion within this book. This is the first book-length study of the Order of the Solar Temple to be published in English.

The eighteenth-century practitioners of anatomy saw their own period as 'the perfection of anatomy'. This book looks at the investigation of anatomy in the 'long' eighteenth century in disciplinary terms. This means looking in a novel way not only at the practical aspects of anatomizing but also at questions of how one became an anatomist, where and how the discipline was practised, what the point was of its practice, what counted as sub-disciplines of anatomy, and the nature of arguments over anatomical facts and priority of discovery. In particular pathology, generation and birth, and comparative anatomy are shown to have been linked together as sub-disciplines of anatomy. At first sight anatomy seems the most long-lived and stable of medical disciplines, from Galen and Vesalius to the present. But Cunningham argues that anatomy was, like so many other areas of knowledge, changed irrevocably around the end of the eighteenth century, with the creation of new disciplines, new forms of knowledge and new ways of investigation. The 'long' eighteenth century, therefore, was not only the highpoint of anatomy but also the endpoint of old anatomy.

Where are the dead? What are they doing? What kind of a process is dying? What relationships exist among the dead themselves, and between the dead and those in the world they have left behind? Modern philosophers argue that the idea of disembodied survival - to which many believers pay lip service - is incoherent, and that there can be evidence neither for nor against something incoherent. By contrast, this book argues, the idea of an embodied survival (albeit a form of embodiment differing from our present embodiment) makes perfect sense in itself and fits much better with the alleged evidence for post-mortem survival. Exploring post-mortem survival, Where are the Dead? uses a variety of empirical data, alongside mythological, legendary and purely fictional material, to illustrate how the less familiar idea of embodied post-mortem survival might actually 'work' in some real afterlife environment. By asking questions about the nature and whereabouts of the afterlife, and about what it might be like to be dead, the book explores themes nowadays relatively neglected even in disciplines explicitly concerned with ideas about death, dying and life after death.

Focusing on the role of genre in the formation of dominant conceptions of death and dying, Desiree Henderson examines literary texts and social spaces devoted to death and mourning in eighteenth- and nineteenth-century America. Henderson shows how William Hill Brown, Susanna Rowson, and Hannah Webster borrowed from and challenged funeral sermon conventions in their novelistic portrayals of the deaths of fallen women; contrasts the eulogies for George Washington with William Apess's "Eulogy for King Philip" to expose conflicts between national ideology and indigenous history; examines Frederick Douglass's use of the slave cemetery to represent the costs of slavery for African American families; suggests that the ideas about democracy materialized in Civil War cemeteries and monuments influenced Walt Whitman's war elegies; and offers new contexts for analyzing Elizabeth Stuart Phelps's The Gates Ajar and Emily Dickinson's poetry as works that explore the consequences of female writers claiming authority over the mourning process. Informed by extensive archival research, Henderson's study eloquently speaks to the ways in which authors adopted, revised, or rejected the conventions of memorial literature, choices that disclose their location within decisive debates about appropriate gender roles and sexual practices, national identity and citizenship, the consequences of slavery, the nature of democratic representation, and structures of authorship and literary authority.

Bringing social theory and philosophy to bear on popular movies, novels, myths, and fairy tales, The Gift and its Paradoxes explores the ambiguity of the gift: it is at once both a relation and a thing, alienable and inalienable, present and poison. Challenging the nature of giving as reciprocal, the book engages critically with the work of Mauss and develops a new theory of the gift according to which the gift cannot be reduced to a model of exchange, but must instead entail a loss or sacrifice. Ultimately, the gift is examined in the book as the impossible occurrence of gratuitous giving. In addition to exploring the conditions of possibility and impossibility of the gift, the book draws on the thought of figures such as Derrida, Serres, Simmel, Cixous, Irigaray and Heidegger to argue for the relevance of the phenomenon of the gift to broader issues in contemporary social sciences. It takes up questions concerning the constitution of community and the processes by which people are included in or excluded from it, gender relations, materiality, the economy, and the possibility that death itself could be a gift, in the form of euthanasia or self-sacrifice. A rigorous yet accessible examination of the phenomenon of the gift in relation to a range of contemporary concerns, The Gift and its Paradoxes will appeal to scholars and students within sociology, philosophy, anthropology, political theory and film and literature studies.

The connections between death, contemplation and the contemplative life have been a recurrent theme in the canons of both western and eastern philosophical thought. This book examines the classical sources of this philosophical literature, in particular Plato's Phaedo and the Katha Upanishad and then proceeds to a sustained analysis and critical assessment of the sources and standpoints of a single thinker, Arthur Schopenhauer, whose work comprehensively pursues this problem. Going beyond the well examined western influences on Schopenhauer, Singh offers an in-depth account of Schopenhauer's references to eastern thought and a comprehensive examination of his eastern sources, particularly Vedanta and Buddhism. The book traces the pivotal issue of death through the whole range of Schopenhauer's writings uncovering the deeper connotations of his crucial notion of the will-to-live.

The role of capital punishment in America has been criticised by those for and against the death penalty, by the judiciary, academics, the media and by prison personnel. This book demonstrates that it is the inconsistent and often incoherent jurisprudence of the United States Supreme Court which accounts for a system so lacking in public confidence. Using case studies, Kenneth Williams examines issues such as jury selection, ineffective assistance of counsel, the role of race and claims of innocence which affect the Court's decisions and how these decisions are played out in the lower courts, often an inmate's last recourse before execution. Discussing international treaties and their lack of impact on capital punishment in America, this book has international appeal and makes an important contribution to legal scholarship. It also provides a unique understanding of the dynamics of an alarmingly problematic system and will be valuable to those interested in human rights and criminal justice.

The Genocide Convention explores the question of whether the law and genocide law in particular can prevent mass atrocities. The volume explains how genocide came to be accepted as a legal norm and analyzes the intent required for this categorization. The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.