Liability for Unlawful Handling With Human Remains Amid Archaeological Investigations Cover Image

Odpowiedzialność prawna za niezgodne z prawem postępowanie ze zwłokami podczas badań archeologicznych
Liability for Unlawful Handling With Human Remains Amid Archaeological Investigations

Author(s): Michał Najman
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: human corpse; archeological investigation; liability

Summary/Abstract: Despite numerous legal and ethical doubts legal status of human corpse has still not been clearly defined. Such a legal gap creates a state of uncertainty for many professions. Among them are undoubtedly archaeologists. For them, improper handling of cadavers can give rise to legal consequences under the grounds of the Criminal Code, the Law on cemeteries and the burying the dead, the Law on the protection and care of historical monuments, and even the Civil Code. Thus, what needs to be discussed is how to deal with human remains discovered during archaeological investigations. It shall be consider how to deal with corpses in various stages of decomposition, as well as determining the convergence in the subject of exhumation and archaeological research, and consequently, whether the rules for handling human remains applicable to the subject of exhumation can or should be also applied by archaeologists.

  • Issue Year: 33/2023
  • Issue No: 3
  • Page Range: 23-42
  • Page Count: 19
  • Language: Polish