The common law already recognizes various posthumous rights (testamentary freedom, publicity, reproductive autonomy) and the categorical exclusion of the dead from constitutional protection is unsound.
Evidence
The Constitution After Death (Columbia Law Review)
Categorization
- corroborated: 5 independent passages support this claim
- XREF: connects to: Small acts of decorum toward corpses matter more than practical logic — Julien Gracq, Balcony in the Forest, 483
Related
- The common law already recognizes various posthumous rights (testamentary freedom, publicity, reproductive autonomy) and the categorical exclusion of the dead from constitutional protection is unsound. (similarity 0.95)
- Posthumous dignity is not a right; the dead do not have rights and therefore no right to either posthumous dignity or posthumous respect. (similarity 0.80)
- There are no practical reasons to show respect for the dead - you don’t get anything and the person is dead, so it makes no sense (similarity 0.78)