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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: 215

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: 95

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

Supreme Court generative linguistics the political manner of taking into account the expiration of the limitation period Legal ontology networks formalization CLS Sabina Kruszyńska transnational memory of the Holocaust cognitive dissonance reduction the attitudes of the legislator cohesion obligation personalistic introspection state of exception Zygmunt Bauman dynamic interpretation ritual transmission easement logical derivation Michał Krotoszyński resentment CLC Hegel law and popular culture human nature Ofer Raban British Critical Legal Conference social engineering distributive justice circumstances excluding guilt sovereignty protection of the memory of the deceased general legal theories independence of advocates’ activity Maciej Dybowski ordoliberalism radical Enlightenment Weber Adam Szot Łukasz Mirocha aims means of the law concepts of criminal law Izabela Skoczeń myth Georgii Sibirtsev public protection of truth Leszek Kołakowski critical legal theory

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