Public Display of Plastinated Human Cadavers: Between Harm and Offense Cover Image
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Публичното излагане на пластинирани човешки тела между вредата и оскърблението
Public Display of Plastinated Human Cadavers: Between Harm and Offense

Author(s): Ina Dimitrova
Subject(s): Social Sciences
Published by: Институт по философия и социология при БАН
Keywords: plastination; posthumous harm; (pro- found) offense; legal moralism; Joel Feinberg;

Summary/Abstract: The article argues that a legal prohibition of public display of plastinated human cadavers could not be easily justified. To demonstrate that I contrast two types of interests – the interests of the individuals, who have donated their bodies and have requested this type of disposal of their bodies, and the public (or a certain group), stating that this practice produces a large amount of profound offense. With regard to the first type of interests the legal prohibition could reasonably be interpreted as posthumous harm to autonomous individuals. With regard to the second type of interests the le- gal prohibition is a form of legal protection from a profound offense – a procedure, which according to Joel Feinberg is based on the principle of legal moralism, which shall not be endorsed in a liberal society. We can conclude that since the thwarting of the first type of interests invokes one fundamental liberty-limiting principle – the harm principle – and the promotion of the second type could be based solely on the principle of legal moralism, than we lack good reasons to impose legal prohibition.

  • Issue Year: 45/2013
  • Issue No: 3-4
  • Page Range: 271-287
  • Page Count: 17
  • Language: Bulgarian