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Human remains occupy an uneasy position in U.S. law. A human cadaver is no longer a person, but neither is it an object to be easily discarded. What, if anything, must be done with human remains? What cannot be done with human remains? What should be done with human remains? Before we can critique the law of human remains, we must first understand what the law is. In "The Law of Human Remains," Tanya Marsh, a nationally recognized expert in the law of human remains and cemetery law, collects, organizes, and states the legal rules and principles regarding the status, treatment, and disposition of human remains in the United States so that attorneys and courts can more easily discover, understand, use, and ultimately critique and reform the law. Part I establishes an analytical framework for the law of human remains and presents an overview of significant doctrines. Part II provides a state-by-state summary of the common and statutory law examined in Part I. This book is designed
Indigenous peoples are increasingly making requests for the return of their ancestors' human remains and ancient indigenous deoxyribonucleic acid. However, some museums and scientists have refused to repatriate indigenous human remains or have initiated protracted delays. There are successful examples of the return of ancient indigenous human remains however the focus of this book is an examination of the "hard" cases. The continued retention perpetuates cultural harm and is a continuing violation of the rights of indigenous peoples. Therefore this book develops a litigation Toolkit which can be used in such disputes and includes legal and quasi legal instruments from the following frameworks, cultural property, cultural heritage, cultural rights, collective heritage, intellectual property, Traditional Knowledge and human rights. The book draws on a process of recharacterisation. Recharacterisation is to be understood to mean the allocation of an indigenous peoples understanding and character of ancient indigenous human remains and ancient indigenous DNA, in order to counter the property narrative articulated by museums and scientists in disputes.
Highlights the importance of best practice in dealing with human remains, and discusses the key ethical and legal issues.
Methodologies and legislative frameworks regarding the archaeological excavation, retrieval, analysis, curation and potential reburial of human skeletal remains differ throughout the world. As work forces have become increasingly mobile and international research collaborations are steadily increasing, the need for a more comprehensive understanding of different national research traditions, methodologies and legislative structures within the academic and commercial sector of physical anthropology has arisen. The Routledge Handbook of Archaeological Human Remains and Legislation provides comprehensive information on the excavation of archaeological human remains and the law through 62 individual country contributions from Europe, Asia, Africa, North America, South America and Australasia. More specifically, the volume discusses the following: What is the current situation (including a brief history) of physical anthropology in the country? What happens on discovering human remains (who is notified, etc.)? What is the current legislation regarding the excavation of archaeological human skeletal remains? Is a license needed to excavate human remains? Is there any specific legislation regarding excavation in churchyards? Any specific legislation regarding war graves? Are physical anthropologists involved in the excavation process? Where is the cut-off point between forensic and archaeological human remains (e.g. 100 years, 50 years, 25 years...)? Can human remains be transported abroad for research purposes? What methods of anthropological analysis are mostly used in the country? Are there any methods created in that country which are population-specific? Are there particular ethical issues that need to be considered when excavating human remains, such as religious groups or tribal groups? In addition, an overview of landmark anthropological studies and important collections are provided where appropriate. The entries are contained by an introductory chapter by the editors which establish the objectives and structure of the book, setting it within a wider archaeological framework, and a conclusion which explores the current European and world-wide trends and perspectives in the study of archaeological human remains. The Routledge Handbook of Archaeological Human Remains and Legislation makes a timely, much-needed contribution to the field of physical anthropology and is unique as it combines information on the excavation of human remains and the legislation that guides it, alongside information on the current state of physical anthropology across several continents. It is an indispensible tool for archaeologists involved in the excavation of human remains around the world.
This work is intended as a guide to the various methods for locating human remains. Most of the information is applicable to both archaeological and forensic situations. The intended audience is those who become actively involved in the hunt for human bodies, such as historic and prehistoric archaeologists and the law enforcement community, including coroner or medical examiner investigators and search and rescue teams. It contains guidelines for the investigation of missing person or homicide cases which require comprehensive body search planning. The core is a guide to methods requiring comprehensive body search planning.
Until 1832, when an Act of Parliament began to regulate the use of bodies for anatomy in Britain, public dissection was regularlyand legallycarried out on the bodies of murderers, and a shortage of cadavers gave rise to the infamous murders committed by Burke and Hare to supply dissection subjects to Dr. Robert Knox, the anatomist. This book tells the scandalous story of how medical men obtained the corpses upon which they worked before the use of human remains was regulated. Helen MacDonald looks particularly at the activities of British surgeons in nineteenth-century Van Diemens Land, a penal colony in which a ready supply of bodies was available. Not only convicted murderers, but also Aborigines and the unfortunate poor who died in hospitals were routinely turned over to the surgeons. This sensitive but searing account shows how abuses happen even within the conventions adopted by civilized societies. It reveals how, from Burke and Hare to todays televised dissections by German anatomist Dr. Gunther von Hagens, some peoples bodies become other peoples entertainment.
A look inside the world of forensics examines the use of human cadavers in a wide range of endeavors, including research into new surgical procedures, space exploration, and a Tennessee human decay research facility.
Mourning Remains examines the attempts to find, recover, and identify the bodies of Peruvians who were disappeared during the 1980s and 1990s counterinsurgency campaign in Peru's central southern Andes. Isaias Rojas-Perez explores the lives and political engagement of elderly Quechua mothers as they attempt to mourn and seek recognition for their kin. Of the estimated 16,000 Peruvians disappeared during the conflict, only the bodies of 3,202 victims have been located, and only 1,833 identified. The rest remain unknown or unfound, scattered across the country and often shattered beyond recognition. Rojas-Perez examines how, in the face of the state's failure to account for their missing dead, the mothers rearrange senses of community, belonging, authority, and the human to bring the disappeared back into being through everyday practices of mourning and memorialization. Mourning Remains reveals how collective mourning becomes a political escape from the state's project of governing past death and how the dead can help secure the future of the body politic.
Cemetery Law: The Common Law of Burying Grounds in the United States is the first treatise on U.S. cemetery law since 1950. This volume analyzes and explains key sources of U.S. cemetery law, including treatises, reports, and decisions by appellate courts. The "traditional" American burial-embalming, encasement in a casket, and use of a vault or grave liner in a single, perpetual grave-is still the prevailing practice in the United States. However, Baby Boomers concerned about the cost and environmental consequences of this model are sparking the first significant changes in American disposition practices since the Civil War. Practices that minimize consumption and cost-including "green" burial and cremation-have exploded in popularity in the past decade. Nearly half of all deaths in the United States now result in cremation, and that method of disposition is anticipated to overtake burial in the next few years. Americans eager to innovate in the disposition of human remains find that the law-still heavily rooted in seventeenth century English, Protestant assumptions, practices, and beliefs-is ill-equipped to adapt. Cemetery law in the United States has changed little in the past 200 years, but changes in our disposition practices are so widespread and significant that it will soon have no choice. It is unimaginable that we will start with a clean slate. Instead, the law will, as it always does in a common law system, slowly evolve from its current form. This book is therefore designed to help begin that process by illuminating the structure and history of the common law of burying grounds in the United States, including the foundational assumptions, beliefs, and doctrines.
The fate of the dead is a compelling and emotive subject, which also raises increasingly complex legal questions. This book focuses on the substantive laws around disposal of the recently deceased and associated issues around their post-mortem fate. It looks primarily at the laws in England and Wales but also offers a comparative approach, drawing heavily on material from other common law jurisdictions including Australia, New Zealand, Canada and the United States. The book provides an in-depth, contextual and comparative analysis of the substantive laws and policy issues around corpse disposal, exhumation and the posthumous treatment of the dead, including commemoration. Topics covered include: the legal frameworks around burial, cremation and other disposal methods; the hierarchy of persons who have a legal duty to dispose of the dead and who are entitled to possession of the deceased’s remains; offences against the dead; family burial disputes, and the legal status of burial instructions; the posthumous use of donated bodily material; and the rules around disinterment, and creating an appropriate memorial. A key theme of the book will be to look at the manner in which conflicts involving the dead are becoming increasingly common in secular, multi-cultural societies where the traditional nuclear family model is no longer the norm, and how such legal contests are resolved by courts. As the first comprehensive survey of the laws in this area for decades, this book will be of use to academics, lawyers and judges adjudicating on issues around the fate of the dead, as well as the death industry and funeral service providers.