Life and death in private law / Kate Falconer, Kit Barker, Andrew Fell.

Oxford : Hart Publishing, 2024.

1st edition

202434

Civil law.

Dead bodies (Law)

Abortion -- Law and legislation.

Burial laws.

Funeral rites and ceremonies.

Suicide.

Inheritance and succession -- Australia.

1. Life and death in private law

2. How private law regulates intimacy and relationships at the edges of life

3. The margins of private law: SB-8 and the private enforcement of abortion law

4. Deceit and the creation of life

5. Human existence as actionable damage?

6. The rights of the dead

7. With this ring I thee slay: the death of coverture

8. Suicide, madness, and the State: The tale from tort

9. Death can be fatal! The end of empire and survival of actions legislation in Queensland and New South Wales

10. Dealing with the dead and familial discord: contested funerals and the challenges for private law

11. Cultural negotiation of inheritance law in Australia

12. Burial disputes and the work of the dead.

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. - Publisher's website.

Includes bibliographical references and index.

9781509969326

xxx, 262 pages ; 25 cm