Who has the Right of Disposition?

Browne L. (2016). The Ethical and Legal Consequences of Posthumous Reproduction: Arrogance, Avarice and Anguish: Taylor and Francis

This book basically talks about the disposition of dead human bodies, through providing the reasons as to why people may own property and decide what to do with it, and not dead human bodies. According to the author, when someone owns a property, then the person has total authority over that particular property. The person may therefore destroy the property without being questioned by anyone. However, when it comes to the disposition of a dead human body, nobody has the authority to dispose the body without following the rule of law. The law consequently provides the rights which a surviving relative has over the deceased, and these laws must be followed.

The relatives of a deceased relative have the right to choose the type of burial, either through earth burial or through cremation. This consequently allows the surviving relatives to be able to choose the best mode of burial, thus according their relative. Moreover, the law gives the surviving relatives the authority to arrange for a decent disposition. The author consequently acknowledges that the relatives of the deceased have the right of disposition according to the dictates of the law. However, the court has the total authority to limit the rights which the relatives of the deceased may have on the disposition of the dead body. Similarly, other states’ statutes may not allow the relatives of the deceased to dispose the body, hence one should abide. Dead human bodies can only be disposed according to the dictates of the law, which varies in different parts of the country. The task of disposing a dead human body is nonetheless given to the relatives of the deceased as a duty and not as a right.

Slocum, J., & Carlson, L. (2011). Final rights: Reclaiming the American way of death. Hinesburg, Vt: Upper Access.

This book is basically talking about the barriers put in place by the funeral industry, thus making families to pay for the disposition of their dead relatives. In addition, the book also speaks about reclaiming the old American way of burial, whereby the relatives of the deceased would take good care of the deceased, and send the body off in the best way possible. According to the author, the American way of life was not regulated in a very tough way, thus making it difficult for the relatives of the deceased to carry out a decent burial. This is due to the funeral laws which have been put in place, thus limiting the authority which the relatives of the deceased have. The relatives of the deceased are therefore forced to pay more, in order to receive services which they may not want.

The American way of burial requires the relatives of the deceased to take good care of the deceased before burial, and to also accord the deceased a decent burial according to his or her wishes. This is not however the case, since the law limits the relatives of the deceased from doing certain things such as from disposing the body, a move which is aimed at increasing burial expenses. According to the author, the mortuary attendants should only take care of the dead bodies through preservation, and not through disposition. Disposition of the body should be done by the relatives of the deceased, in order to give the deceased the best care which may be needed. In so doing, Americans will be able to reclaim their old ways of burial.

Aurora, P. (2013). The Law and Ethics of Medical Research: International Bioethics and Human Rights: Routledge.

This book focuses on the English common law, which states that there is no property in a corpse. The author therefore provides comparisons between the ownership of properties and assets, and a dead human body. According to the author, people have the legal right to do what they want with whatever they own, without any limitation. If a person owns a horse, then the person has the authority to slaughter, or even sell it when he or she feels like. In addition, if the horse dies, the owner decides the best method of disposing the animal, without being limited by anyone.  However, dead human bodies cannot be owned. The relatives of the deceased cannot and do not have the right to retain the body of the deceased according to their wish. The law requires whoever is in charge of the dead human body to dispose the body, failure to which the person will be charged. This consequently explains the English saying, as it provides the reasons as to why no one has the authority over a dead body.

According to the rule of law, a human body can never be a property, and it cannot therefore be owned. The law also provides that dead human body should be disposed by the relevant authorities mandated with the task of disposing the dead human bodies, as per the dictates of the rule of law. The dead human body should cannot therefore be owned, since its time in the world will be over, thus requiring to be disposed in the right way, by the relevant authorities. A human body cannot consequently be owned, but it can only be taken care of, through being disposed in the right way.

Wilkinson, T. M. (2011). Ethics and the acquisition of organs. Oxford: Oxford University Press.

            The book talks about how Wills, and the dead are robbed off their wishes immediately after their death. According to Wilkinson, the requests of the dead through Wills written before their death are not being considered. After one passes on, then it becomes hard to control whatever it is in the world, be it intellectual property or own body parts. This consequently makes the body vulnerable to attacks without any form of resistance. The dead may not be accorded a decent burial according to their wishes, due to the laws regarding the disposition of dead human bodies. The laws are very strict, thus limiting the relatives of the deceased from carrying out such actions.

            Acquisition of organs from the deceased is a very critical issues. Most people do not allow the acquisition of organs from their bodies in their wills, this wish is however not granted, since the organs are usually acquired without considering whatever the wishes of the person were. This consequently explains how people are regarded immediately after their death, since most of their wishes are never granted. According to the author, respecting wills will have significant impacts, since the wishes of the dead will be granted, the relatives of the deceased will be equally do as per the dictates of the deceased, hence doing things in the right manner.

Charles A. C, Donna M. C. (2012). Death & Dying, Life & Living: Cengage Learning.

            This book focuses on the disposition of dead bodies, and who is mandated by the law to dispose a dead human body. According to the authors, states and local governments provide guidelines for disposition of dead human bodies. This is usually linked to recording important statistics, giving official permission for burial or different methods of disposition, thus limiting institutions handling human bodies from becoming sources of contamination. This is significant in protecting the spread of disease, through poor hygiene in such organizations. In addition, they also monitor the way cemeteries are handled, hence allowing proper burial processes.

            State statutes therefore provide a clear view on the way the dead human bodies should be handled, how they should be disposed, and who has the authority of disposing the body. This has consequently made most families not to be able to deal directly or to take care of their dead relatives, due to the strict laws limiting them. In addition, through these regulations, the dead can be taken good care, hence ensuring proper sanitation in mortuaries. The author therefore provides the reasons as to why the disposition of human bodies may be difficult, since the right data needs to be collected, thus making sure the burial processes are conducted in the right way, and the correct data concerning the dead is also collected. Most states consequently allow families of the deceased to conduct a burial, rather than the mortuary or cemetery attendants.

Reference

Browne L. (2016). The Ethical and Legal Consequences of Posthumous Reproduction: Arrogance, Avarice and Anguish: Taylor and Francis

Slocum, J., & Carlson, L. (2011). Final rights: Reclaiming the American way of death. Hinesburg, Vt: Upper Access.

Aurora, P. (2013). The Law and Ethics of Medical Research: International Bioethics and Human Rights: Routledge.

Wilkinson, T. M. (2011). Ethics and the acquisition of organs. Oxford: Oxford University Press.

Charles A. C, Donna M. C. (2012). Death & Dying, Life & Living: Cengage Learning.