From: D
Sent: Thursday, December 14, 2017 12:55 PM
To: [email protected]
Subject: Question regarding property rights on corpse of aggressors
Hello Prof Block! There is a fascinating situation going on in Israel now, the supreme court revoked the govt decision to hold terrorist corpses that were obtained by the Israeli army after killing the terrorists in combat. The bodies are held in order to negotiate with at a later time, I personally feel that the best solution is for the govt to allow for the families of the victims to be the ones to decide what to do with corpse of the assailant, as compensation, what are your thoughts on this issue?
Dear D: I agree with you. If someone dies intestate, it should be assumed that his heirs in effect “own” his remains, and should decide to do with it as they wish; presumably to bury it. On the other hand, if someone dies with a will, then, presumably, his last wishes should be respected. Ditto for murderers. A murders B. A has stolen the life of B. Ideally, if there were a Nozickian type of machines that could transfer the life out of the live murderer into the victim’s corpse, that machine should be employed. We don’t (yet) have such machines. But, B (and his heirs) are the rightful owners not only of A if he is still alive, but, now, of the corpse of A. They should decide what to do with it, not the government.
3:07 pm on December 17, 2017
