Private law regulates life; this is self-evident, but how does it regulate death? This edited collection explores this question.
Life and death are the beginning and end of the legal person: the instigator and terminator of rights, interests and obligations. They are also the nominal separator of particular fields of law (medical law from succession law, for example). As such they act as fault lines that can test the limit of private law principles and norms. This book explores what life and death tell us about private law and what private law can tell us about the meaning and value of life and death.
Kate Falconeris Lecturer at the School of Law and Radical Humanities Laboratory, University College Cork, Ireland.
Kit Barkeris Fellow of the Australian Academy of Law and Current Director of the Australian Centre of Private Law at the TC Beirne School of Law, Australia.
Andrew Fellis Lecturer at the TC Beirne School of Law, University of Queensland, Australia.
This book makes a valuable contribution to our understanding of how law and, in particular, private law, deals with and approaches life and, especially, death. It is a welcome addition to the growing interest among legal scholars across jurisdictions in the complex notion of death.
Edinburgh Law ReviewForeword
Acknowledgements
Contributors
Table of Cases
Table of Legislation
Table of Statutory Instruments
1. Life and Death in Private Law,Andrew Fell and Kate Falconer
2. How Private Law Regulates Intimacy and Relationships at the Edges of Life,Jonathan Herring
3. The Margins of Private Law: SB-8 and the Private Enforcement of Abortion Law,Jesse Wall
4. Deceit and the Creation of Life,Anna Broadmore
5. Human Existence as Actionable Damage?,Stephen Todd
6. The Rights of the Dead,Andrew Fell
7. With this Ring I Thee Slay: The Death of Covertul³7