This thesis examines rights of the dead, a subject on which there has been little previous research. Three predominant themes are explored in our endeavour, contrary to current philosophical and legal discourse, to argue for "rights of the dead". First, we utilise several approaches to both clarify the interests of the dead and then the argument for rights of the dead, rights which are in any case immanent in contemporary human rights and other established general rights, e.g., a right to succession. We argue that the dead have an interest and, in limited cases, for example defamation of the dead, rights can be ascribed to the dead. Second, in the process of examining the first theme, we analyse the arguments for and against whether interests of or rights of the dead can be justified and identify which current legal systems they are imbedded in. Comparing the situation involved by the living with that by the dead, we attempt to establish a new perspective of rights of the dead based upon the "social characteristics" . Third, we attempt to interpret rights of the dead from a point of view based upon the duties that the living are purported to hold with respect to the dead. Whilst we present a view which supports some previously under-valued perspectives of rights and duties, we moreover seek the possibility of establishing rights of the dead on the basis of these duties. We do not argue that all rights the living hold are applicable to the dead. We merely maintain that there are some rights which can be ascribed to the dead, rights which are particular to the dead because of the succession of the dead person to some of the social characteristics they held whilst they were living.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:274997 |
| Date | January 2003 |
| Creators | Yoshida, Masayuki |
| Publisher | University of Sheffield |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Source | http://etheses.whiterose.ac.uk/14754/ |
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