LE SILENCE DES LAMBEAUX : LE CADAVRE, LE SÉPULCRE ET LA PHILOSOPHIE DU DROIT
“OVER MY DEAD BODY”: THE CORPSE, THE SEPULCHRE AND THE PHILOSOPHY OF LAW
Author(s): Bjarne MelkevikSubject(s): Law, Constitution, Jurisprudence
Published by: Studia Universitatis Babes-Bolyai
Keywords: Legal Humanism; Legal Philosophy; Theory of Law; Human remains (mortal remains; cadaver; corpse.) and Law; sepulchre (GB) / sepulcher (US) and Law; Crimes against (indignity to a) corpse; Civil Law.
Summary/Abstract: “Over my dead body”: the corpse, the sepulchre and the philosophy of law. The author submits "the corpse" to an iusphilosophical reflection by emphasizing how our attitude in this area reveals our humanity and our process of humanization, as well as our psychological and cultural attitudes. First, the author opens a reflection on the corpse in an archaeological and historical- as well as - anthropological and cultural context. Afterwards, he successively examines the corpse in the sepulchre, as a "taboo" object and finally as "desire" rising from ourselves or from others. The author places, literally, the corpse in its place before the law without ever examining positive law. The aim of the article is to make the reflection on the law towards its intimacy as to our conscience of humanity.
Journal: Studia Universitatis Babes Bolyai - Iurisprudentia
- Issue Year: 62/2017
- Issue No: 4
- Page Range: 5-42
- Page Count: 38
- Language: French