Once people, now objects? Rethinking human remains along a person-thing continuum
(2026) The Theory and Practice of Legislation — Vol. 15, p. 1-19 (2026)
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- Authors
De Clippele, Marie-Sophie 
- Abstract
- This paper examines the limitations of the traditional legal binary between persons and things, with partic ular attention to human remains. Rooted in Cartesian dualism, this framework shaped modern legal systems to safeguard human dignity and prevent the commodification of bodies, notably in contexts such as slavery and organ trafficking. Yet, the rigid dich otomy proves inadequate when addressing entities that resist classification, especially the deceased body. The paper argues for a continuum model of legal status. Unlike the binary, the continuum acknowledges a spectrum between personhood and objectho od, allowing recognition of intermediate categories. Human remains illustrate this ambiguity: while the living body is a legal pe rson, the corpse is often treated as property, subject to burial, inheritance, or museum regulations. Such treatment, however, con flicts with the enduring cultural, emotional, and religious significance of the dead. The continuum seeks to move beyond the pro prietary grammar that limits Western legal thought. It offers vocabulary for nuanced recognition of entities such as animals, nat ure, or artificial intelligence, which similarly challenge existing classifications. Models such as the "cultural commons" or the "thing-person" illustrate how remains might be governed as shared heritage or liminal entities. Ultimately, the continuum provi des a more flexible and ethically sensitive framework. By transcending the person-thing divide, it opens pathways toward a rela tional and inclusive legal system better attuned to evolving notions of personhood, property, and rights.
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Citations
De Clippele, M.-S. (2026). Once people, now objects? Rethinking human remains along a person-thing continuum. The Theory and Practice of Legislation, 15, 1-19. https://doi.org/10.1080/20508840.2026.2666012 (Original work published 2026)