The Universe of Discourse

Wed, 29 Nov 2006

Legal status of corpses in 1911 England
As you might expect from someone who browses at random in the library stacks, I own several encyclopedias, which I also browse in from time to time. You never know what you are going to find when you do this.

I got rid of one recently. It was a 1962 Grolier's. Obviously, it was out of date, but I was using it for general reference anyway, conscious of its shortcomings. But day I picked it up to read its article on Thurgood Marshall. It said that Marshall was an up-and-coming young lawyer, definitely someone to watch in the future. That was too much, and I gave it away.

But anyway, my main point is to talk about the legal status of corpses. One of the encyclopedias I have is a Twelfth Edition Encyclopaedia Britannica. This contains the complete text of the famous 1911 Eleventh Edition, plus three fat supplementary volumes that were released in 1920. The Britannica folks had originally planned the Twelfth Edition for around 1930, but so much big stuff happened between 1911 and 1920 that they had to do a new edition much earlier.

The Britannica is not as much fun as I hoped it would be. But there are still happy finds. Here is one such:

CORPSE (Lat. corpus, the body), a dead human body. By the common law of England a corpse is not the subject of property nor capable of holding property. It is not therefore larceny to steal a corpse, but any removal of the coffin or grave-cloths is otherwise, such remaining the property of the persons who buried the body. It is a misdemeanour to expose a naked corpse to public view. . .

(The complete article is available online.)

[ Addendum 20191213: it is a felony in California to sexually penetrate or to have sexual contact with human remains, except as authorized by law. ]

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