The Law Of Human Remains

Download or read book The Law of Human Remains written by Tanya Marsh and published by . This book was released on 2015-07-11 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Human remains occupy an uneasy position in U.S. law. A human cadaver is no longer a person, but neither is it an object to be easily discarded. What, if anything, must be done with human remains? What cannot be done with human remains? What should be done with human remains? Before we can critique the law of human remains, we must first understand what the law is. In "The Law of Human Remains," Tanya Marsh, a nationally recognized expert in the law of human remains and cemetery law, collects, organizes, and states the legal rules and principles regarding the status, treatment, and disposition of human remains in the United States so that attorneys and courts can more easily discover, understand, use, and ultimately critique and reform the law. Part I establishes an analytical framework for the law of human remains and presents an overview of significant doctrines. Part II provides a state-by-state summary of the common and statutory law examined in Part I. This book is designed

Download or read book Ancient Indigenous Human Remains and the Law written by Fiona Batt and published by Routledge. This book was released on 2021-08-25 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous peoples are increasingly making requests for the return of their ancestors’ human remains and ancient indigenous deoxyribonucleic acid. However, some museums and scientists have refused to repatriate indigenous human remains or have initiated protracted delays. There are successful examples of the return of ancient indigenous human remains however the focus of this book is an examination of the "hard" cases. The continued retention perpetuates cultural harm and is a continuing violation of the rights of indigenous peoples. Therefore this book develops a litigation Toolkit which can be used in such disputes and includes legal and quasi legal instruments from the following frameworks, cultural property, cultural heritage, cultural rights, collective heritage, intellectual property, Traditional Knowledge and human rights. The book draws on a process of recharacterisation. Recharacterisation is to be understood to mean the allocation of an indigenous peoples understanding and character of ancient indigenous human remains and ancient indigenous DNA, in order to counter the property narrative articulated by museums and scientists in disputes.

Download or read book Human Remains written by Margaret Clegg and published by Cambridge University Press. This book was released on 2020-03-12 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highlights the importance of best practice in dealing with human remains, and discusses the key ethical and legal issues.

Download or read book The Detection of Human Remains written by Edward W. Killam and published by Charles C Thomas Publisher. This book was released on 2004 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is intended as a guide to the various methods for locating human remains. Most of the information is applicable to both archaeological and forensic situations. The intended audience is those who become actively involved in the hunt for human bodies, such as historic and prehistoric archaeologists and the law enforcement community, including coroner or medical examiner investigators and search and rescue teams. It contains guidelines for the investigation of missing person or homicide cases which require comprehensive body search planning. The core is a guide to methods requiring comprehensive body search planning.

Download or read book The Routledge Handbook of Archaeological Human Remains and Legislation written by Nicholas Marquez-Grant and published by Taylor & Francis. This book was released on 2011-03-21 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt: Methodologies and legislative frameworks regarding the archaeological excavation, retrieval, analysis, curation and potential reburial of human skeletal remains differ throughout the world. As work forces have become increasingly mobile and international research collaborations are steadily increasing, the need for a more comprehensive understanding of different national research traditions, methodologies and legislative structures within the academic and commercial sector of physical anthropology has arisen. The Routledge Handbook of Archaeological Human Remains and Legislation provides comprehensive information on the excavation of archaeological human remains and the law through 62 individual country contributions from Europe, Asia, Africa, North America, South America and Australasia. More specifically, the volume discusses the following: What is the current situation (including a brief history) of physical anthropology in the country? What happens on discovering human remains (who is notified, etc.)? What is the current legislation regarding the excavation of archaeological human skeletal remains? Is a license needed to excavate human remains? Is there any specific legislation regarding excavation in churchyards? Any specific legislation regarding war graves? Are physical anthropologists involved in the excavation process? Where is the cut-off point between forensic and archaeological human remains (e.g. 100 years, 50 years, 25 years...)? Can human remains be transported abroad for research purposes? What methods of anthropological analysis are mostly used in the country? Are there any methods created in that country which are population-specific? Are there particular ethical issues that need to be considered when excavating human remains, such as religious groups or tribal groups? In addition, an overview of landmark anthropological studies and important collections are provided where appropriate. The entries are contained by an introductory chapter by the editors which establish the objectives and structure of the book, setting it within a wider archaeological framework, and a conclusion which explores the current European and world-wide trends and perspectives in the study of archaeological human remains. The Routledge Handbook of Archaeological Human Remains and Legislation makes a timely, much-needed contribution to the field of physical anthropology and is unique as it combines information on the excavation of human remains and the legislation that guides it, alongside information on the current state of physical anthropology across several continents. It is an indispensible tool for archaeologists involved in the excavation of human remains around the world.

Download or read book Human Remains written by Helen Patricia MacDonald and published by Yale University Press. This book was released on 2006-01-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until 1832, when an Act of Parliament began to regulate the use of bodies for anatomy in Britain, public dissection was regularlyand legallycarried out on the bodies of murderers, and a shortage of cadavers gave rise to the infamous murders committed by Burke and Hare to supply dissection subjects to Dr. Robert Knox, the anatomist. This book tells the scandalous story of how medical men obtained the corpses upon which they worked before the use of human remains was regulated. Helen MacDonald looks particularly at the activities of British surgeons in nineteenth-century Van Diemens Land, a penal colony in which a ready supply of bodies was available. Not only convicted murderers, but also Aborigines and the unfortunate poor who died in hospitals were routinely turned over to the surgeons. This sensitive but searing account shows how abuses happen even within the conventions adopted by civilized societies. It reveals how, from Burke and Hare to todays televised dissections by German anatomist Dr. Gunther von Hagens, some peoples bodies become other peoples entertainment.

Download or read book After We Die written by Norman L. Cantor and published by Georgetown University Press. This book was released on 2010-11-11 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: What will become of our earthly remains? What happens to our bodies during and after the various forms of cadaver disposal available? Who controls the fate of human remains? What legal and moral constraints apply? Legal scholar Norman Cantor provides a graphic, informative, and entertaining exploration of these questions. After We Die chronicles not only a corpse’s physical state but also its legal and moral status, including what rights, if any, the corpse possesses. In a claim sure to be controversial, Cantor argues that a corpse maintains a “quasi-human status" granting it certain protected rights—both legal and moral. One of a corpse’s purported rights is to have its predecessor’s disposal choices upheld. After We Die reviews unconventional ways in which a person can extend a personal legacy via their corpse’s role in medical education, scientific research, or tissue transplantation. This underlines the importance of leaving instructions directing post-mortem disposal. Another cadaveric right is to be treated with respect and dignity. After We Die outlines the limits that “post-mortem human dignity” poses upon disposal options, particularly the use of a cadaver or its parts in educational or artistic displays. Contemporary illustrations of these complex issues abound. In 2007, the well-publicized death of Anna Nicole Smith highlighted the passions and disputes surrounding the handling of human remains. Similarly, following the 2003 death of baseball great Ted Williams, the family in-fighting and legal proceedings surrounding the corpse’s proposed cryogenic disposal also raised contentious questions about the physical, legal, and ethical issues that emerge after we die. In the tradition of Sherwin Nuland's How We Die, Cantor carefully and sensitively addresses the post-mortem handling of human remains.