Details
| Original language | English |
|---|---|
| Pages (from-to) | 177-186 |
| Number of pages | 10 |
| Journal | International Journal of Legal Medicine |
| Volume | 138 |
| Early online date | 6 Apr 2023 |
| Publication status | Published - Jan 2024 |
Abstract
In dealing with human corpses, notions of dignity play a decisive role, especially within legal texts that regulate a corpse’s handling. However, it is quite unclear how the claim “Treat human corpses with dignity!” should be understood and justified. Drawing upon examples and problems from forensic medicine, this paper explores three possible lines of interpreting such demands: (a) positions that closely link the dignity of the human corpse to the dignity of the former living persons and (b) accounts that derive the dignity of the dead from consequentialist considerations. We argue that both lines heavily rely on contestable metaphysical claims and therefore propose an alternative account for the dignity of the dead. Our proposal (c) focuses on action-guiding attitudes and the symbolic value of the dead. Such a conception allows for a variety of morally appropriate groundings of individual attitudes. It avoids metaphysically troublesome premises and, at the same time, allows to classify certain actions and manners of acting as clearly inappropriate and blameworthy.
Keywords
- Corpse, Dignity, Moral attitudes, Posthumous harm, Symbolic value
ASJC Scopus subject areas
- Medicine(all)
- Pathology and Forensic Medicine
Sustainable Development Goals
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In: International Journal of Legal Medicine, Vol. 138, 01.2024, p. 177-186.
Research output: Contribution to journal › Article › Research › peer review
}
TY - JOUR
T1 - How to conceive the dignity of the dead?
T2 - A dispositional account
AU - Münch, Nikolai
AU - Müller-Salo, Johannes
AU - Schwarz, Clara Sophie
N1 - Funding Information: Open Access funding enabled and organized by Projekt DEAL.
PY - 2024/1
Y1 - 2024/1
N2 - In dealing with human corpses, notions of dignity play a decisive role, especially within legal texts that regulate a corpse’s handling. However, it is quite unclear how the claim “Treat human corpses with dignity!” should be understood and justified. Drawing upon examples and problems from forensic medicine, this paper explores three possible lines of interpreting such demands: (a) positions that closely link the dignity of the human corpse to the dignity of the former living persons and (b) accounts that derive the dignity of the dead from consequentialist considerations. We argue that both lines heavily rely on contestable metaphysical claims and therefore propose an alternative account for the dignity of the dead. Our proposal (c) focuses on action-guiding attitudes and the symbolic value of the dead. Such a conception allows for a variety of morally appropriate groundings of individual attitudes. It avoids metaphysically troublesome premises and, at the same time, allows to classify certain actions and manners of acting as clearly inappropriate and blameworthy.
AB - In dealing with human corpses, notions of dignity play a decisive role, especially within legal texts that regulate a corpse’s handling. However, it is quite unclear how the claim “Treat human corpses with dignity!” should be understood and justified. Drawing upon examples and problems from forensic medicine, this paper explores three possible lines of interpreting such demands: (a) positions that closely link the dignity of the human corpse to the dignity of the former living persons and (b) accounts that derive the dignity of the dead from consequentialist considerations. We argue that both lines heavily rely on contestable metaphysical claims and therefore propose an alternative account for the dignity of the dead. Our proposal (c) focuses on action-guiding attitudes and the symbolic value of the dead. Such a conception allows for a variety of morally appropriate groundings of individual attitudes. It avoids metaphysically troublesome premises and, at the same time, allows to classify certain actions and manners of acting as clearly inappropriate and blameworthy.
KW - Corpse
KW - Dignity
KW - Moral attitudes
KW - Posthumous harm
KW - Symbolic value
UR - http://www.scopus.com/inward/record.url?scp=85152023154&partnerID=8YFLogxK
U2 - 10.1007/s00414-023-02991-6
DO - 10.1007/s00414-023-02991-6
M3 - Article
C2 - 37022465
AN - SCOPUS:85152023154
VL - 138
SP - 177
EP - 186
JO - International Journal of Legal Medicine
JF - International Journal of Legal Medicine
SN - 0937-9827
ER -