Lecture notes, lecture 7-10 PDF

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Lecture 7,8 - SOSC 3365

Privacy Rights of the Dead Why do we have funerals? -

To celebrate the life of the deceased person

Is there a cultural taboo about witnessing a death? -

Yes there is; seen as deprived of dignity

Don’t Look Upon the Dying -

Cultural taboo: WW1, flu of 1918 9/11: people jumping to their deaths Plane crashes: did they know? o Airline can be sued Terminal illness: heroism

Dead Victorians -

1839 Victorians were obsessed with death and took pictures of their dead

Doctors and Dead Bodies in America -

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1797: John Young- “Act to Prevent the Odious Practice of Digging Up and Removing for the Purpose of Dissection, Dead Bodies Interred in Cemeteries or Burial Places” 1885: Hanna Stout and the body snatchers o Was 23 years old and had a disease that had all her muscles turned into bones o There were arrangements around the city so that people wanted to take her body. o The parents had to burn her right outside the window so that her body would not be dug up. Growth of anatomy (medicine) vs. superstition o As people became less religious they became more uncomfortable with death Death today vs, death in the apst Prohibitions against butcher shops and slaughterhouses o Zoning laws were changed in cities o Muniicipal regulations pushed the slaughterhouses out the city. True ‘state of human heart’ only possible to know at death

The Catsouras Case -

In Cali girl stole Dad’s BMW and drove into a convertible Her body was mutilated and a paramedic took photos of the mutilated body and they were put onto the internet Parents were traumatized by case and wanted to take the pictures off the internet Property law states that the pictures were his own property

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Legal duty of care Ownership of the photos

Pornography of Death -

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The Plastinarium of Dr. Bon Hagens o Rumor that he used bodies without consent. Bodies were executed by China o There was a lack of consent Geoffrey Gorer o Was a psychologist o Says that there is a pornography of death, something designed to titillate you. ISIS and the beheadings

Posthumous Voting -

If the contact doesn’t become null and void at death, then maybe people should be allowed to vote after they die? o They need to actively consent to something

Simon Baker Brisbane Supreme Court -

Simone and her fiancé were getting married, bought a house, decorated a nursery and changed their insurance policy Andrew Clough slipped and fell to his he death while touring a water fall Ms. Baker applied to have his sperm harvested for insemination They caught him in time while he was still warm, and she found this out and still wanted children The courts says that she can’t take the sperm because he did not specify the use of his body after his death

Autopsy -

Medical knowledge Truth finding Survivor privacy doctrine An autopsy can be refused

Issue of Control in Law -

Preserving the dignity of the dead 9/11 phone calls of the dying victims are private A funeral picture of a young woman in a dignified position is not What’s the difference? o Has an issue of control, a living person would not want to be seen in an undignified way.

Love adter Death -

1959: Malpasset Dam is southern Franc burst and killed hundreds Irene Jodart and Andrew Capra- President de Gaulle o The mayor gave her the right to marry the man but she did not inherit the money

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The law bars posthumous inheritance

Lecture 9_1- - SOSC 3365

Midterm Paper -

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To get an A+ cite the readings 1st week o Home is about the most fragile o It was about changing the concept of architecture First 2 sentences are letting people know what you are talking about.

Lecture Summaries for Critical Analysis Lecture 1 -

Talked about the changing conception of the Greek house The Questions are important o Imagine how the author would answer the questions For Warren and Brandeis o Was only concerned about who his contacts were and publishing it in the paper. The critical thing about the Greeks is that they did not value privacy at all, it meant that you did not exist. Only women valued privacy for their own reasons. Only the greek part is important not rome The Renaissance is the beginning of individualism Industrial Capitalism we begin to see people getting afraid of the sick and the defeat. Judith Butler is talking about the dignity approach has to do with the body (cutting off arms) The Toilet is concerned with moral regulations

Lecture 2 -

Case about women who wanted to sell her Plasma and they gave her a receipt The law is talking about the dignity of the body When you are writing the critical analysis remember that it is the federal government that makes laws R v. Jacobs o Public nakedness and going topless R v. Mara o Why did the court grapple with this case o Our laws come from deep rooted Christianity laws. It means sexuality and even touching…changed laws

Lecture 4 -

The body Talk about the Icelandic genes case o The body is property The red market The surrogacy example has nothing to do with the conception of body as dignity

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For privacy there is two conceptions o Body is privacy and one as dignity

Tips for Assignment -

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2 important parts to assignment o Give an important short detailed review of what the main argument the author is making. You can then go and criticize it. You can agree it or disagree with it [listen from 55]. Try to imagine what the author would have said, what is there take on privacy and try to have a conversation with the author from there. Citing lecture o (Last name, First name, title of the lecture, YU, Date of lecture)

Lecture 5 Privacy of Dead -

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About the property and also the dignity of the body When looking at the theoretical conceptions [1:11:00] It is a cultural taboo that you cannot buy a dead persons body for sexual purposes. There is an inflation of the law to a dead body Simone Baker Case o What was the courts issue with letting her have her husbands sperm o They did not know whether he 100% wanted to have a child with the female because it was not in his will. Despite all the actions taken to decorate the house. Vincent Foster o Involved in the Clinton administration and committed suicide in 1993 o Check it [1:15:00] Should murder be private? Secret Murder in Saskatchewan o Lady was killed by her husband who later committed suicide o Federal Privacy Act: prohibits police disclosure of personal information o If there is no trial and no suspect at large = privacy...