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Filozofii Prawa
i Filozofii Społecznej

Journal of the Polish Section of IVR (ISSN:2082-3304)

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Rights – Person – Death. Part II: Daniel Sperling’s Theory and the Polish Legal System

Maksymilian Hau, Stanisław Jędrczak

University of Warsaw

Abstract: This article is divided into two parts. In the first part, which was published in 2018, we presented arguments in support of the concept of posthumous interests. Posthumous interests are understood as events that constitute a benefit or a harm to the deceased person, who no longer exists. A right is the interest of a person, which is recognized and protected by law. In the second part, we examine the possibility of applying the theory of posthumous interests in the Polish legal system. We address the following issues: medical confidentiality, protection of medical data after the death of a patient, author’s moral rights, protection of the memory of the deceased, the law on orders and decorations, and the legal status of human corpses. The theoretical background for this article was the book by Daniel Sperling Posthumous Interest, in which the author outlined the problem in point from the perspective of the common law regime.

Keywords: death, person, interests of the deceased, human being, protection of the memory of the deceased

Language: Polish

Received: 24.06.2017
Accepted:
28.09.2017

Published: Number 1(19)/2019, pp. 27-37

DOI: https://doi.org/10.36280/AFPiFS.2019.1.27

Download file: Download
Number of downloads: 251

Filed Under: Articles Tagged With: death, human being, interests of the deceased, Maksymilian Hau, person, protection of the memory of the deceased, Stanisław Jędrczak

Rights – Person – Death. Part 1: Around Daniel Sperling’s Theory

Maksymilian Hau, Stanisław Jędrczak

University of Warsaw

Abstract: This article is divided into two parts. In the first part, presented here, we present arguments for the concept of post-mortem interests. Post-mortem interests are understood as events that constitute a detriment or a benefit or to the deceased person, a person who no longer exists. A right is an interest of the person recognized and protected by law. In the second part, which will be published shortly, we examine the possibility of applying and the actual application of the theory of post-mortem interests in the Polish legal system. We address the following issues: medical confidentiality, protection of medical data after the patient’s death, author’s moral rights, protection of the memory of the deceased, the law on orders and decorations, and the legal status of human corpses. The theoretical background for this article was the book by Daniel Sperling Posthumous Interest, in which the author outlined the problem discussed in the perspective of the common law regime.

Keywords: death, person, interests of the deceased, human being, bioethics, protection of the memory of the deceased

Language: Polish

Received: 24.06.2017
Accepted: 28.09.2017

Published: Number 2(17)/2018, pp. 75-89.

Download file: Download
Number of downloads: 117

Filed Under: Articles Tagged With: bioethics, death, human being, interests of the deceased, Maksymilian Hau, person, protection of the memory of the deceased, Stanisław Jędrczak

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Keywords

legal philosophy rule of law anna rossmanith Zygmunt Ziembiński interpretive methodology Butler comparative approach Hanna Dębska good governance identification of procedural acts emergency laws Jacek Srokosz limits of legal interpretation criminal law Bartosz Greczner justification of interpretive claim Maurice Hauriou legal awareness Hohfeldian incidents reason moral psychology conventionalism political transformation of society and public institutions legal system conscience clause workplace harassment is-ought problem practical reasoning Neil MacCormick judicial impartiality strategic speech equalisation of opportunities apoliticality analogia legis analytical philosophy discretion jurisprudence law-making process Scott J. Shapiro constitutional courts government post-theology hard cases analytical legal theory professional responsibility of lawyers public reason vetting deliberative democracy claim to correctness cultural relativism

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