Death Family And The Law

When a death is investigated by a coroner, what is the place of the family in that process? This accessibly written book draws together empirical, theoretical and historical perspectives to develop a rich, nuanced analysis of the contemporary inquest system in England and Wales. It investigates theories of kinship drawn from socio-legal research and analyses law, accountability and the legal process. Excerpts of conversations with coroners and officers offer real insights into how the role of family can be understood and who family is perceived to be, and how their participation fundamentally shapes the investigation into a death.

When a death is investigated by a coroner, what is the place of the family in that process? This accessibly written book develops a nuanced analysis of the contemporary inquest system in England and Wales.

"In a work of vigorous reporting, careful analysis, deep compassion and unerring integrity, award-winning journalist and documentarian John Chipman investigates the lives left ruined in the wake of Dr. Charles Smith's ignominious career. In the mid-'90s, the Ontario Coroner's office decided that death investigation teams needed to "think dirty." They wanted coroners, pathologists and police to be more suspicious--to "assume that all deaths are homicides until satisfied that they are not." They were particularly concerned about pediatric deaths, which historically had been exceedingly difficult to investigate. There were usually no witnesses; no evidence to gather at the scene; no outward signs of trauma on the body. If the pathologist did not discover the truth of what had happened, child abuse could go uncovered. Among those charged to "think dirty" was Dr. Charles Smith, Ontario's top pediatric forensic pathologist at the time. But with virtually no training in forensics, Dr. Smith was ill prepared for his work. Instead of basing his judgments on forensic evidence found during autopsies, he allowed himself to be swayed by circumstantial evidence. The defendants were often single mothers--some on welfare, some struggling with substance abuse. And they made for easy targets. Dr. Smith made dangerous assumptions, and the results were catastrophic. Numerous individuals were pronounced guilty, and incarcerated, on his shaky evidence. This penetrating investigative work explores the wide ripples of destruction caused when the justice system fails, the burden felt by ethical individuals working within that system and the importance of its victims finally being heard."--

When a death is investigated by a coroner, what is the place of the family in that process? This accessibly written book develops a nuanced analysis of the contemporary inquest system in England and Wales.

This collection of essays examines the relationship between pain, death, and the law and addresses the question of how the law constructs pain and death as jurisprudential facts. The empirical focus of these essays enables the reader to delve into both the history and the theoretical complexities of the pain-death-law relationship. The combination of the theoretical and the empirical broadens the contribution this volume will undoubtedly make to debates in which the right to live or die is the core issue at hand. This volume will be an important read for policy makers and legal practitioners and a valuable text for courses in law, the social sciences, and the humanities. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College.

Are you alive? What makes you so sure? Most people believe this question has a clear answer—that some law defines our status as living (or not) for all purposes. But they are dead wrong. In this pioneering study, Elizabeth Price Foley examines the many, and surprisingly ambiguous, legal definitions of what counts as human life and death. Foley reveals that “not being dead” is not necessarily the same as being alive, in the eyes of the law. People, pre-viable fetuses, and post-viable fetuses have different sets of legal rights, which explains the law's seemingly inconsistent approach to stem cell research, in vitro fertilization, frozen embryos, in utero embryos, contraception, abortion, homicide, and wrongful death. In a detailed analysis that is sure to be controversial, Foley shows how the need for more organ transplants and the need to conserve health care resources are exerting steady pressure to expand the legal definition of death. As a result, death is being declared faster than ever before. The "right to die," Foley worries, may be morphing slowly into an obligation to die. Foley’s balanced, accessible chapters explore the most contentious legal issues of our time—including cryogenics, feticide, abortion, physician-assisted suicide, brain death, vegetative and minimally conscious states, informed consent, and advance directives—across constitutional, contract, tort, property, and criminal law. Ultimately, she suggests, the inconsistencies and ambiguities in U.S. laws governing life and death may be culturally, and perhaps even psychologically, necessary for an enormous and diverse country like ours.

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.