The 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.
Part I: Introduction
1. Introduction, Kate Falconer and Andrew Fell
Part II: The Big Picture
2. Private Law at the Edges of Life, Jonathan Herring
3. Rights and Duties of Non-Living Persons, Andrew Fell
4. From the Margins of Life to Private Law, Jesse Wall
Part III: Life and Death in Specific Contexts
5. Duties of Care in Human Genome Editing, Rosamund Scott
6. Human Existence as Actionable Damage, Stephen Todd
7. The Civil Life of Women in the 18th and 19th Centuries, Danaya C Wright
8. Suicide, Madness, and the State – The Tale from Tort, Kit Barker
9. Bereavement Damages in Australia and England in the 1930s and 1940s, Mark Lunney
10. Property, Bodies, and Exploitation, Gregory Dale
11. The Emotions of Life in Death, Heather Conway
12. Culturally Varied Succession Law Disputes, Prue Vines
13. Burial Disputes and the Work of the Dead, Kate Falconer
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