Debate on special cases between Cultural and Comparative Legal History
Proposal 2
Proposal 2
Supervisor: Cristina Ciancio,
PhD, Assistant Professor of Legal History
Università degli Studi del Sannio
DEMM Department
Palazzo De Simone
Piazza Arechi II, 82100 Benevento
Student: Kathryn Tso
Student: Deekshita Kacham
Project Proposal:
End of life, definition of death and fear of being buried alive: between science and law in the last two centuries in Europe and the United States.
Is it possible to define what is “death”? And when exactly we died? These questions interested people always, and often they specially worried people. Buried alive is still now one of the best fear for lots of people and legal and scientific definition of death is not always and not everywhere able to reassure. Influenced by Enlightenment new scientific approach, in the last two centuries United States and European Country were crossed by a big scientific and legal debate about different way to distinguish between life and death. However, the definition of death is not just a scientific question involving lots of different kind of scientist (Biologists, physician, lawyers, etc) . Defining death inevitably means what is meant by human life, and this is especially a cultural and historical problem. History, Art and Literature gave an important contribution to define the real extent of the values at stake. Relationship between man and his death is still now influenced by spirituality, fear, skepticism and superstition. And relationship between law and science is still now influenced by distrust, misunderstanding and distance from people. do people expect from legal and scientific institutions on this matter? More rules or more individual liberty of choice? Which must be the balance? Moreover, are we sure that legal and scientific institutions can really answer alones to these questions and these fears? It’s very interesting to investigate United State and European Countries different approach to these issues, which are so involved in the variety of human identity and cultural vision of the value of life. This analysis can provide new elements to understand what we have in common and which were the mutual cultural and scientific contributions still present.
For this topic, readings in English, as well as in Spanish and French, if the students know these languages, will be submitted to the MIT students, to then organize a debate - which would include an intervention in which to comment on the readings made - in the field of the activities of in-depth study of Professor Ciancio’s course of “Legal History”, aimed at interested teachers, graduate students and students of other courses of the Department and the University.
Personal page of Professor Cristina Ciancio: https://www.unisannio.it/en/user/811/curriculum
Personal page of Professor Katia Fiorenza: https://www.unisannio.it/sites/default/files/sito/ateneo/utenti/profilo-titoli/katia-fiorenza/curriculum/Curriculum_Fiorenza_%28italiano-inglese%29.pdf
[1] Lawrence Burns, “Gunther von Hagens’ BODY WORLDS: selling beautiful education, May 2007, The American Journal of Bioethics 7 (4):12-23