The Law Of Cadavers And Of Burial And Burial Places

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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.

Concerns about the cost and environmental consequences of the "traditional" American model of burial-embalming, casket, vault, single perpetual grave-are prompting the first significant challenges to American disposition practices since the Civil War. Burial itself is even being challenged-the popularity of cremation has exploded in recent decades and it will soon become the dominant practice. Americans eager to innovate in deathcare find that the law-still heavily rooted in 17th century English, Protestant practices and beliefs-is ill-equipped to adapt. Cemetery law in the United States has changed little in the past 200 years, but the challenges to our disposition practices are so widespread and significant that it will soon have no choice. It is unimaginable that we will start with a clean slate. Instead, the law will, as it always does in a common law system, slowly evolve from its current form. Before we can change the law, we must first understand it. This book is designed to help jumpstart that process by outlining the history, structure, and doctrines of the common law of burying grounds in the United States.