Overview

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.

Full Product Details

Author:   Dr Kate Falconer (University College Cork, Ireland) ,  Professor Kit Barker (University of Queensland, Australia) ,  Dr Andrew Fell (University of Queensland, Australia)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.40cm , Height: 2.20cm , Length: 23.60cm
Weight:   0.600kg
ISBN:  

9781509969326

ISBN 10:   1509969322
Pages:   296
Publication Date:   12 December 2024
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Foreword 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 Coverture, Danaya Wright 8. Suicide, Madness, and the State: The Tale from Tort, Kit Barker 9. Death Can be Fatal! The End of Empire and Survival of Actions Legislation in Queensland and New South Wales, Mark Lunney 10. Dealing with the Dead and Familial Discord: Contested Funerals and the Challenges for Private Law, Heather Conway 11. Cultural Negotiation of Inheritance Law in Australia, Prue Vines 12. Burial Disputes and the Work of the Dead, Kate Falconer

Reviews

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 Review *

Author Information

Kate Falconer is Lecturer at the School of Law and Radical Humanities Laboratory, University College Cork, Ireland. Kit Barker is 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 Fell is Lecturer at the TC Beirne School of Law, University of Queensland, Australia.

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