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Defaming the Dead
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Defaming the Dead

Don Herzog

Abstract

If you defame the dead, even someone who recently died, tort law does not think that’s an injury: not to the grieving survivors and not to the dead person. This book argues that defamation is an injury to the recently dead. It explores history, including the shaping of the common law, and offers an account of posthumous harm and wrong. Along the way, it offers a sustained exploration of how we and the law think about corpse desecration.

Keywords: defamation, tort, posthumous harm, corpse desecration

Bibliographic Information

Print publication date: 2017 Print ISBN-13: 9780300221541
Published to Yale Scholarship Online: September 2017 DOI:10.12987/yale/9780300221541.001.0001

Authors

Affiliations are at time of print publication.

Don Herzog, author
University of Michigan

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