How to conceive the dignity of the dead?

A dispositional account

authored by

Nikolai Münch, Johannes Müller-Salo, Clara Sophie Schwarz

Abstract

In dealing with human corpses, notions of dignity play a decisive role, especially within legal texts that regulate a corpse’s handling. However, it is quite unclear how the claim “Treat human corpses with dignity!” should be understood and justified. Drawing upon examples and problems from forensic medicine, this paper explores three possible lines of interpreting such demands: (a) positions that closely link the dignity of the human corpse to the dignity of the former living persons and (b) accounts that derive the dignity of the dead from consequentialist considerations. We argue that both lines heavily rely on contestable metaphysical claims and therefore propose an alternative account for the dignity of the dead. Our proposal (c) focuses on action-guiding attitudes and the symbolic value of the dead. Such a conception allows for a variety of morally appropriate groundings of individual attitudes. It avoids metaphysically troublesome premises and, at the same time, allows to classify certain actions and manners of acting as clearly inappropriate and blameworthy.

Organisation(s)

Institute of Philosophy

External Organisation(s)

Johannes Gutenberg University Mainz

Type

Article

Journal

International Journal of Legal Medicine

Volume

138

Pages

177-186

No. of pages

10

ISSN

0937-9827

Publication date

01.2024

Publication status

Published

Peer reviewed

Yes

ASJC Scopus subject areas

Pathology and Forensic Medicine

Sustainable Development Goals

SDG 3 - Good Health and Well-being

Electronic version(s)

https://doi.org/10.1007/s00414-023-02991-6 (Access: Open)
https://doi.org/10.15488/14903 (Access: Open)