Posthumous Interests

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.