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Human remains occupy an uneasy position in U.S. law. A human cadaver is no longer a person, but neither is it an object to be easily discarded. What, if anything, must be done with human remains? What cannot be done with human remains? What should be done with human remains? Before we can critique the law of human remains, we must first understand what the law is. In "The Law of Human Remains," Tanya Marsh, a nationally recognized expert in the law of human remains and cemetery law, collects, organizes, and states the legal rules and principles regarding the status, treatment, and disposition of human remains in the United States so that attorneys and courts can more easily discover, understand, use, and ultimately critique and reform the law. Part I establishes an analytical framework for the law of human remains and presents an overview of significant doctrines. Part II provides a state-by-state summary of the common and statutory law examined in Part I. This book is designed
Indigenous peoples are increasingly making requests for the return of their ancestors’ human remains and ancient indigenous deoxyribonucleic acid. However, some museums and scientists have refused to repatriate indigenous human remains or have initiated protracted delays. There are successful examples of the return of ancient indigenous human remains however the focus of this book is an examination of the "hard" cases. The continued retention perpetuates cultural harm and is a continuing violation of the rights of indigenous peoples. Therefore this book develops a litigation Toolkit which can be used in such disputes and includes legal and quasi legal instruments from the following frameworks, cultural property, cultural heritage, cultural rights, collective heritage, intellectual property, Traditional Knowledge and human rights. The book draws on a process of recharacterisation. Recharacterisation is to be understood to mean the allocation of an indigenous peoples understanding and character of ancient indigenous human remains and ancient indigenous DNA, in order to counter the property narrative articulated by museums and scientists in disputes.
Methodologies and legislative frameworks regarding the archaeological excavation, retrieval, analysis, curation and potential reburial of human skeletal remains differ throughout the world. As work forces have become increasingly mobile and international research collaborations are steadily increasing, the need for a more comprehensive understanding of different national research traditions, methodologies and legislative structures within the academic and commercial sector of physical anthropology has arisen. The Routledge Handbook of Archaeological Human Remains and Legislation provides comprehensive information on the excavation of archaeological human remains and the law through 62 individual country contributions from Europe, Asia, Africa, North America, South America and Australasia. More specifically, the volume discusses the following: What is the current situation (including a brief history) of physical anthropology in the country? What happens on discovering human remains (who is notified, etc.)? What is the current legislation regarding the excavation of archaeological human skeletal remains? Is a license needed to excavate human remains? Is there any specific legislation regarding excavation in churchyards? Any specific legislation regarding war graves? Are physical anthropologists involved in the excavation process? Where is the cut-off point between forensic and archaeological human remains (e.g. 100 years, 50 years, 25 years...)? Can human remains be transported abroad for research purposes? What methods of anthropological analysis are mostly used in the country? Are there any methods created in that country which are population-specific? Are there particular ethical issues that need to be considered when excavating human remains, such as religious groups or tribal groups? In addition, an overview of landmark anthropological studies and important collections are provided where appropriate. The entries are contained by an introductory chapter by the editors which establish the objectives and structure of the book, setting it within a wider archaeological framework, and a conclusion which explores the current European and world-wide trends and perspectives in the study of archaeological human remains. The Routledge Handbook of Archaeological Human Remains and Legislation makes a timely, much-needed contribution to the field of physical anthropology and is unique as it combines information on the excavation of human remains and the legislation that guides it, alongside information on the current state of physical anthropology across several continents. It is an indispensible tool for archaeologists involved in the excavation of human remains around the world.
The living and the dead cohabited Paris until the late 18th century, when, in the name of public health, measures were taken to drive the latter from the city. Cemeteries were removed from urban space, and corpses started to be viewed as terrifyingly noxious substances. Working across a broad range of disciplines this book seeks to understand the meaning of the dead and their role in creating one of the most important cities of the contemporary world.
This work is intended as a guide to the various methods for locating human remains. Most of the information is applicable to both archaeological and forensic situations. The intended audience is those who become actively involved in the hunt for human bodies, such as historic and prehistoric archaeologists and the law enforcement community, including coroner or medical examiner investigators and search and rescue teams. It contains guidelines for the investigation of missing person or homicide cases which require comprehensive body search planning. The core is a guide to methods requiring comprehensive body search planning.
Commingling of human remains presents an added challenge to all phases of the forensic process. This book brings together tools from diverse sources within forensic science to offer a set of comprehensive approaches to handling commingled remains. It details the recovery of commingled remains in the field, the use of triage in the assessment of commingling, various analytical techniques for sorting and determining the number of individuals, the role of DNA in the overall process, ethical considerations, and data management. In addition, the book includes case examples that illustrate techniques found to be successful and those that proved problematic.
This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. Human remains and identification presents a pioneering investigation into the practices and methodologies used in the search for and exhumation of dead bodies resulting from mass violence. Previously absent from forensic debate, social scientists and historians here confront historical and contemporary exhumations with the application of social context to create an innovative and interdisciplinary dialogue, enlightening the political, social and legal aspects of mass crime and its aftermaths. Through a ground-breaking selection of international case studies, Human remains and identification argues that the emergence of new technologies to facilitate the identification of dead bodies has led to a "forensic turn", normalising exhumations as a method of dealing with human remains en masse. However, are these exhumations always made for legitimate reasons? Multidisciplinary in scope, this book will appeal to readers interested in understanding this crucial phase of mass violence's aftermath, including researchers in history, anthropology, sociology, forensic science, law, politics and modern warfare. The research program leading to this publication has received funding from the European Research Council under the European Union's Seventh Framework Programme (FP/2007-2013) / ERC Grant Agreement n° 283-617.
This guide covers the body of laws governing the status, treatment, and disposition of human remains in the United States. It provides a framework for conceptualizing the law and identifies the major relevant primary and secondary sources. It contains an orientation and summary of the topic, gives a list of the relevant titles and chapters of each state's code, identifies the leading common law cases, and includes categorized lists of secondary sources on general and specific topics related to the disposition of human remains.--Publisher.
Humans have buried their dead for the past 50,000 years. Monuments and grave goods of past cultures have been studied for centuries, but recent advances in science now allow the human remains themselves to be investigated. This reveals details about the people and the communities to which they belonged.