Defaming the dead /

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Bibliographic Details
Author / Creator:Herzog, Don, 1956- author.
Imprint:New Haven ; London : Yale University Press, [2017]
©2017
Description:1 online resource (xii, 270 pages) : illustrations
Language:English
Subject:
Format: E-Resource Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/12350535
Hidden Bibliographic Details
ISBN:9780300227710
030022771X
0300221541
9780300221541
Notes:Includes bibliographical references and index.
Print version record.
Summary:"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"--Jacket.
Other form:Print version: Herzog, Don, 1956- Defaming the dead. New Haven ; London : Yale University Press, [2017] 0300221541 9780300221541
Review by Choice Review

"Let's begin cheerfully: You've just died." This whimsically provocative opening sentence sets the stage for a conversational and imaginative look at the idea of defamation. Herzog, a political theorist who also teaches constitutional law at the University of Michigan Law School, sets out to challenge the conventional wisdom about defamation and libel: namely, that it requires an assessable injury to a living person's reputation to be legally actionable. In response, the author suggests that genuine reputational damage can be done to a person after death--and that this is distinguishable from a claim recoverable by the decedent's estate--and urges that American law be reformed to recognize such posthumous injury. This unconventional position is advanced via the author's accessible writing style, which draws the reader into what is in fact a complicated argument backed by historical accounts, analysis of court decisions, and disquisitions in modern political theory. In the hands of a less-skilled craftsman, this ambitious intellectual project could have been frustratingly incomprehensible, but in the end the book is clear, lively, and thought provoking. Summing Up: Highly recommended. Upper-division undergraduates through faculty. --Steven B. Lichtman, Shippensburg University

Copyright American Library Association, used with permission.
Review by Choice Review