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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Defaming the Dead


ISBN13: 9780300221541
Published: May 2018
Publisher: Yale University Press
Country of Publication: USA
Format: Hardback
Price: £25.00



Low stock.

Do the dead have rights? In a persuasive argument, Don Herzog makes the case that the deceased’s interests should be protected.

This is a delightfully deceptive works that start out with a simple, seemingly arcane question—can you libel or slander the dead?—and develops it outward, tackling larger and larger implications, until it ends up straddling the borders between law, culture, philosophy, and the meaning of life.

A full answer to this question requires legal scholar Don Herzog to consider what tort law is actually designed to protect, what differences death makes—and what differences it doesn’t—and why we value what we value. Herzog is one of those rare scholarly writers who can make the most abstract argument compelling and entertaining.