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Old 04-21-2011, 02:21 PM   #62
astrangerhere
Professor of Law
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Quote:
Originally Posted by khalleron View Post
And I heartily disagree - the dead have no rights because they're, well, dead.

People contest wills all the time. That's why we have courts, to uphold justice, not some dictatorship from the grave.

<snip>
1 - The dead DO have very real tangible rights in their property - the right to divest it how they saw fit. Its those self-same rights that bickering heirs go to court trying to grab hold of.

2 - Courts do not uphold justice and they never have. They uphold the law. And often the law, especially that of the estate courts, is not just or fair. It is just the law. I have no disillusions about my profession.

3 - I don't think the dead are more important than the living, but an author who makes his wishes clear while he is alive is not yet dead. He has a right to have this wishes respected with respect to his personal property, which is what any work he creates is until he decides to make it public is - personal property.

Last edited by astrangerhere; 04-21-2011 at 02:30 PM.
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