Rights of the dead.

This thesis examines rights of the dead, a subject on which there has been little
previous research. Three predominant themes are explored in our endeavour,
contrary to current philosophical and legal discourse, to argue for "rights of the
dead".
First, we utilise several approaches to both clarify the interests of the dead
and then the argument for rights of the dead, rights which are in any case
immanent in contemporary human rights and other established general rights,
e.g., a right to succession. We argue that the dead have an interest and, in
limited cases, for example defamation of the dead, rights can be ascribed to the
dead.
Second, in the process of examining the first theme, we analyse the
arguments for and against whether interests of or rights of the dead can be
justified and identify which current legal systems they are imbedded in.
Comparing the situation involved by the living with that by the dead, we attempt
to establish a new perspective of rights of the dead based upon the "social
characteristics" .
Third, we attempt to interpret rights of the dead from a point of view based
upon the duties that the living are purported to hold with respect to the dead.
Whilst we present a view which supports some previously under-valued
perspectives of rights and duties, we moreover seek the possibility of establishing
rights of the dead on the basis of these duties.
We do not argue that all rights the living hold are applicable to the dead.
We merely maintain that there are some rights which can be ascribed to the
dead, rights which are particular to the dead because of the succession of the
dead person to some of the social characteristics they held whilst they were
living.