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Death and Law

Death and Law

著者: University of Aberdeen
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This podcast explores death and law from a rich variety of disciplinary perspectives, including law, anthropology and philosophy. The podcast explores such issues as buried goods, data protection, dignity and memory. It forms part of a broader project in the University of Aberdeen's School of Law entitled, 'Death and Law – Interdisciplinary Explorations' and is generally sponsored by the Aberdeen Humanities Fund Staff Research Award 2024.© 2025 University of Aberdeen
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  • Grave Goods
    2025/07/07
    Abstract This podcast addresses the issue of grave goods in both a historical and contemporary context. Grave goods are material things which people leave in grave sites, usually in the knowledge they will never be returned. The first part of the podcast discusses ancient grave goods in Scotland, which fall to be addressed under the law of treasure trove. We are joined by Mr Neil Curtis, Head of Museums and Special Collections, for this part of the podcast. The second part of the podcast discusses the practice of leaving grave goods in a contemporary context. Grave goods have an ambiguous status in law, especially when mistakes are made and need to be reversed. For this part of the podcast we are joined by Dr Jennifer Riley, who is currently studying grave goods as part of a Leverhulme research project. This podcast is moderated by Dr Jonathan Ainslie of the School of Law.Biographies Mr Neil CurtisNeil Curtis is Head of Museums and Special Collections and Honorary Senior Lecturer in Social Science at the University of Aberdeen. He has studied Archaeology (Glasgow), Museum Studies (Leicester) and Education (Aberdeen), and has worked with the Aberdeen collections since 1988. He teaches across a range of subjects, including Archaeology, Anthropology, Art History, History, Law, Museum Studies and Scottish Ethnology. His published research includes current museum issues, including repatriation, decolonisation and ethics, the history of museums and exhibitions in Scotland, and the prehistory of North-East Scotland. He is a Fellow of the Museums Association. He has been a member of the Museums Associations’ Ethics Committee, the Scottish Museums Recognition Committee, Convenor of University Museums in Scotland, Vice President of the Society of Antiquaries of Scotland, Vice-Chair of the Scottish Archaeological Finds Allocation Panel and Vice-President of the Society of Antiquaries of Scotland.Link to Profile: https://www.abdn.ac.uk/people/neil.curtisDr Jennifer Riley Dr Jennifer Riley is a Leverhulme Trust Early Career fellow and interdisciplinary scholar, specializing in religious studies and the study of death and dying. Her current research explores ‘grave goods’ in contemporary Britain - the things people put in other people’s coffins or graves, knowing they will almost certainly never get them back. The project explores these objects and their associated meanings and motivations - especially in light of environmental concerns, and people’s afterlife beliefs (or their absence). This research was the subject of her TEDxAberdeen talk in November 2024, which was selected as an 'Editor's Pick' by the TEDx reviewers. Dr Riley joined Aberdeen in 2021 as a research fellow on the ESRC-funded ‘Care in Funerals’ project, exploring how the COVID-19 pandemic affected UK funerals. The project was a collaboration across health services research, anthropology, religious studies, archaeology and philosophy, and benefitted from practitioner expertise. Link to Profile: https://www.abdn.ac.uk/people/jennifer.rileyDr Jonathan Ainslie Dr Jonathan Ainslie has been a Lecturer in Private Law at the University of Aberdeen since February 2022. He initially joined the School of Law as a Teaching Fellow in September 2021. He holds an LLB Hons (in law and politics), LLM (in comparative and European private law) and PhD (in legal history), all from the University of Edinburgh. He is an Advance HE Associate Fellow, a member of the council of the Stair Society and an associate member of the Society of Advocates in Aberdeen. Recent published articles have concerned duties of good faith in contract and the protection of privacy interests in delict. Current research includes work on the remedy of solatium in Scots law, which is available for pain, suffering and injury to emotions, as well as the boundary between persons and things in Scots private law. Jonathan teaches across a wide range of private law subjects. Link to Profile: https://www.abdn.ac.uk/people/jonathan.ainslieFurther Resources· D.L. Carey Miller, “St Ninian’s Treasure”, in J.P. Grant and E.E. Sutherland (eds), Scots Law Tales (2010): 111-35.· A.G. Guest, The Law of Treasure (2018): 1-55.· N.M. Dawson, A Modern Legal History of Treasure (2023): 361-440 (for Scotland), 251-360 (for England and Wales).· C. Bevan, “A New Definition of ‘Treasure’ under the Treasure Act 1996: Watershed Reform or Missed Opportunity?” Modern Law Review 87(2) (2024): 430-447.· Baggage for the Beyond? Contemporary UK grave goods practices and their meanings: https://www.abdn.ac.uk/dhpa/disciplines/divinity/research/ongoing-research-projects/baggage-for-the-beyond-contemporary-uk-grave-goods-practices-and-their-meanings/
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    52 分
  • Human Remains
    2025/06/30
    Abstract This podcast is concerned with the legal, moral and social status of human remains in a variety of different contexts. We begin with a discussion of interred human remains, the right of sepulchre (or burial), and the criminal offence of violation of sepulchres in Scotland. We then move on to discuss human remains which ought to have been buried but were not. For this part of the podcast, we are joined by Dr Thomas Muinzer, whose research covers burial law and laws relating to human remains, to discuss the case of Charles Byrne. We then move on to discuss the treatment of human remains in hospital or morgue settings, as well as in museums or collections once they have been excavated from the ground. For this part of the podcast we are joined by Professor Vikki Entwistle, to discuss whether a deceased person can be said to suffer harm when their remains are treated disrespectfully.Biographies Dr Thomas Muinzer Dr Thomas L Muinzer is from Northern Ireland, and undertook his qualifying law degree and other legal qualifications at Queen's University Belfast. In 2020 he joined the Law School at the University of Aberdeen as Senior Lecturer in Energy Transition Law. Dr Muinzer’s academic research focuses most pointedly on the Low Carbon Transition, with particular reference to climate law and governance and issues around decarbonisation of the energy sector. He has written the first monograph on the world’s first example of national framework climate legislation, the UK’s pioneering Climate Change Act: Climate and Energy Governance for the UK Low Carbon Transition: The Climate Change Act 2008 (Palgrave: UK, 2018). He also occasionally endeavours to explore somewhat obscure or frequently neglected spheres of law in his work (to date, most particularly burial law, broader laws relating to the ‘dead body’/corpse, national monuments law, and cultural heritage). Link to Profile: https://www.abdn.ac.uk/people/thomas.muinzerProfessor Vikki Entwistle Professor Vikki Entwistle is Professor of Health Services Research and Philosophy, with academic homes in both the Aberdeen Centre for Evaluation within the Institute of Applied Health Sciences on the University’s Foresterhill campus and Philosophy (School of Divinity, History, Philosophy & Art History) on the Old Aberdeen campus. She uses philosophy and social research to understand and address concerns about quality, ethics and social justice in health care, public health and (more recently) funeral provision and work with the dead and bereaved. She is particularly interested in what are sometimes called person-centred approaches to service provision - the humanity in health and social care provision. She teaches on the Death! course at the University of Aberdeen, which explores death in human society from the earliest formal burials to diverse modern practices worldwide, incorporating archaeological studies of skeletons and mortuary sites as well as legal, anthropological and forensic perspectives. Link to Profile: https://www.abdn.ac.uk/people/vikki.entwistleDr Jonathan Ainslie Dr Jonathan Ainslie has been a Lecturer in Private Law at the University of Aberdeen since February 2022. He initially joined the School of Law as a Teaching Fellow in September 2021. He holds an LLB Hons (in law and politics), LLM (in comparative and European private law) and PhD (in legal history), all from the University of Edinburgh. He is an Advance HE Associate Fellow, a member of the council of the Stair Society and an associate member of the Society of Advocates in Aberdeen. Recent published articles have concerned duties of good faith in contract and the protection of privacy interests in delict. Current research includes work on the remedy of solatium in Scots law, which is available for pain, suffering and injury to emotions, as well as the boundary between persons and things in Scots private law. Jonathan teaches across a wide range of private law subjects. Link to Profile: https://www.abdn.ac.uk/people/jonathan.ainslieAdditional Resources: · J. Brown, “Res Religiosae and the Roman Roots of the Crime of Violation of Sepulchres” (2018) 22(3) Edinburgh Law Review 347-367· T. Muinzer, “A Grave Situation: An Examination of the Legal Issues Raised by the Life and Death of Charles Byrne, the ‘Irish Giant’” (2013) 20 International Journal of Cultural Property 23-48. · M. Lowth, “Charles Byrne, Last Victim of the Bodysnatchers; the Legal Case for Burial” (2021) 29(2) Medical Law Review 252–283. · J. Ainslie, “Intrusion of Privacy and the Actio Iniuriarum”, 2023(3-4) Juridical Review 139-159. · Scottish Funeral Director Code of Practice: https://www.gov.scot/publications/funeral-director-code-practice-2/pages/5/
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    58 分
  • Death and Law
    2025/06/30
    1 分

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