Life and Death in Private Law

The private law regulates life; this is self-evident, but how does it regulate death? This edited collection explores this question. Life and death are the beginning and end of the legal person: the instigator and terminator of rights, interests, and obligations. They are also the nominal separator of particular fields of law (medical law from succession law, for example). As such they act as fault lines that can test the limit of private law principles and norms. This book explores what life and death tell us about private law and what private law can tell us about the meaning and value of life and death.>

Auteur
Kate Falconer is Lecturer at the TC Beirne School of Law, University of Queensland and Fellow of the Australian Centre for Private Law, Australia. Kit Barker is Professor of Law at the TC Beirne School of Law, The University of Queensland.

Photograph © The University of Queensland 2016

Andrew Fell is Lecturer at the TC Beirne School of Law, University of Queensland, Australia.

Contenu
Foreword
Acknowledgements
Contributors
Table of Cases
Table of Legislation
Table of Statutory Instruments

1. Life and Death in Private Law, Andrew Fell and Kate Falconer
2. How Private Law Regulates Intimacy and Relationships at the Edges of Life, Jonathan Herring
3. The Margins of Private Law: SB-8 and the Private Enforcement of Abortion Law, Jesse Wall
4. Deceit and the Creation of Life, Anna Broadmore
5. Human Existence as Actionable Damage?, Stephen Todd
6. The Rights of the Dead, Andrew Fell
7. With this Ring I Thee Slay: The Death of Coverture, Danaya Wright
8. Suicide, Madness, and the State: The Tale from Tort, Kit Barker
9. Death Can be Fatal! The End of Empire and Survival of Actions Legislation in Queensland and New South Wales, Mark Lunney
10. Dealing with the Dead and Familial Discord: Contested Funerals and the Challenges for Private Law, Heather Conway
11. Cultural Negotiation of Inheritance Law in Australia, Prue Vines
12. Burial Disputes and the Work of the Dead, Kate Falconer