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The Law and the Dead (Paperback)
Loot Price: R1,279
Discovery Miles 12 790
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The Law and the Dead (Paperback)
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The fate of the dead is a compelling and emotive subject, which
also raises increasingly complex legal questions. This book focuses
on the substantive laws around disposal of the recently deceased
and associated issues around their post-mortem fate. It looks
primarily at the laws in England and Wales but also offers a
comparative approach, drawing heavily on material from other common
law jurisdictions including Australia, New Zealand, Canada and the
United States. The book provides an in-depth, contextual and
comparative analysis of the substantive laws and policy issues
around corpse disposal, exhumation and the posthumous treatment of
the dead, including commemoration. Topics covered include: the
legal frameworks around burial, cremation and other disposal
methods; the hierarchy of persons who have a legal duty to dispose
of the dead and who are entitled to possession of the deceased's
remains; offences against the dead; family burial disputes, and the
legal status of burial instructions; the posthumous use of donated
bodily material; and the rules around disinterment, and creating an
appropriate memorial. A key theme of the book will be to look at
the manner in which conflicts involving the dead are becoming
increasingly common in secular, multi-cultural societies where the
traditional nuclear family model is no longer the norm, and how
such legal contests are resolved by courts. As the first
comprehensive survey of the laws in this area for decades, this
book will be of use to academics, lawyers and judges adjudicating
on issues around the fate of the dead, as well as the death
industry and funeral service providers.
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