Legal Question in Constitutional Law in New Jersey

honor of the dead

Hellow

my name is--name removed--and i am a law student from israel.

i am working on a law project about the amrican law.

my question is:

is the right for diginy after death a constitutional right and what is the ballance between this right and the right of medical students or someone else to lern about human bodies on the account of the dignity of the body.

Thanks.


Asked on 7/21/04, 11:35 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: honor of the dead

The constitution says nothing about any legal interest belonging to dead people. Most states have laws regarding the care and treatment of remains, but these laws are designed to protect the sensibilities of surviving friends and relatives at least as much as they are to protect the dignity of the deceased.

The cadavers used in medical teaching and research were all bequeathed, which means that the deceased left their bodies to science in their wills. To my knowledge, no one's body can ever be used in this way unless the person specifically authorized such a use beforehand.

Whatever rights people may have to proper respect for their remains can be waived. People who leave their bodies to science thereby waive any legal protections their bodies might otherwise have against such use.

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Answered on 7/21/04, 2:11 pm


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