IV. Totenfürsorge als Geschäftsführung ohne Auftrag? Actio funeraria und postmortaler Persönlichkeitsschutz

Author(s):  
Franz-Stefan Meissel

Abstract Burying the dead as management of another´s affairs. Actio funeraria and the protection of personality rights post mortem. The paper discusses the history and the function of the Roman actio funeraria. It is argued that the claim for reimbursement of the funeral of another person is historically older than the recognition of negotiorum gestio at large and can be seen as a precursor of the actio negotiorum gestorum.

2021 ◽  
pp. 135918352110164
Author(s):  
Antonius CGM Robben

The German and Allied bombing of Rotterdam in the Second World War caused thousands of dead and hundreds of missing, and severely damaged the Dutch port city. The joint destruction of people and their built environment made the ruins and rubble stand metonymically for the dead when they could not be mentioned in the censored press. The contiguity of ruins, rubble, corpses and human remains was not only semantic but also material because of the intermingling and even amalgamation of organic and inorganic remains into anthropomineral debris. The hybrid matter was dumped in rivers and canals to create broad avenues and a modern city centre. This article argues that Rotterdam’s semantic and material metonyms of destruction were generated by the contiguity, entanglement, and post-mortem and post-ruination agencies of the dead and the destroyed city centre. This analysis provides insight into the interaction and co-constitution of human and material remains in war.


2016 ◽  
Vol 43 (1) ◽  
pp. 165-178 ◽  
Author(s):  
Natascha Wosnick ◽  
Hugo Bornatowski ◽  
Carolina Ferraz ◽  
André Afonso ◽  
Bianca Sousa Rangel ◽  
...  

2016 ◽  
Vol 3 (4) ◽  
pp. 251
Author(s):  
María Gómez Requejo

Las ceremonias que se tenían lugar cuando se producía el fallecimiento de un monarca de la casa de Austria, tanto las pre como las post mortem, eran el  vehículo de un lenguaje simbólico cargado de representaciones y emblemas que le recordaban al súbdito tanto el poder del rey muerto como el que iba a tener su sucesor y asimismo ponían de manifiesto la unión de la dinastía con la Iglesia Católica. Enfermedad, muerte y exequias se convierten, con estos monarcas, en un espectáculo fastuoso que requiere escenografía, actores, vestuario, guion  y un público –los súbditos- del que se busca una participación ya sea consciente y activa o pasiva, como mero espectador, pero en todo caso necesario para que el espectáculo cumpla su objetivo: persuadir del poder real. Abstract The ceremonies around the death of a Habsburg king in Spain, where the vehicle to a symbolic language, full of representations and emblems, used to remind to his loyal subjects not only the power of the dead king and the one his heir and successor was going to hold, but also the relationship between the dynasty and the Roman Catholic Church. With the Habsburg’s, the illness, death and exequies of the monarch were converted into a sumptuous show that needed: a set, actors, lavish costumes, script and audience –the loyal subjects- to which audience participation, whether it be active or passive, was essential to fulfill its objective: to be persuaded of the king’s power.


2003 ◽  
Vol 41 (1) ◽  
pp. 47-56 ◽  
Author(s):  
Jerrold B. Leikin ◽  
William A. Watson
Keyword(s):  

1960 ◽  
Vol 53 (1) ◽  
pp. 1-26
Author(s):  
Henry J. Cadbury

The historic Ingersoll lectureship on the Immortality of Man requires of the lecturer both some legitimate extension of its terms and some necessary limitation of his field. One is justified in supposing that the pious layman who planned the foundation was not thinking in highly technical terms, but like laymen of our day was thinking of a widely shared belief in the post mortem survival or revival of those who die. If he had wished to specify the indiscriminate persistence of the individual as a philosophical tenet of the nature of man, he could well have used the more familiar term — the immortality of the soul. On the other hand, if he had wished to be faithful to the wording of much of the Bible and to the Church's creeds, he would have spoken of the Resurrection of the Dead.


2014 ◽  
Vol 24 (3) ◽  
pp. 523-529 ◽  
Author(s):  
Bettina Arnold

In the alternative fairy tale The Princess Bride, as William Goldman's character Miracle Max reanimates the apparent corpse of the hero Westley, he tells the anxious group observing the procedure: ‘There's a big difference between mostly dead and all dead. Mostly dead is slightly alive’ (Goldman 2007, 313). Only a select group of the dead can be characterized as being ‘slightly alive’, in the post-mortem agency sense, however, and the case studies presented here explore the many ways in which this subcategory of mostly dead individuals have engaged with and continue to impact the living in the past as well as today. Several themes emerge as especially salient: the iteration in the death-scape of the dynamic tension between the individual and the social group, which can result in transgression as well as conformity in the disposition of the body and its effects on the living; the symbolic capital represented by some dead bodies and the ways in which their potency may be affected by various forms of contextual association; and the ways in which the manipulation of the dead for political purposes is subject to constraints specific to the cultural contexts in which these interactions take place.


2009 ◽  
Vol 45 ◽  
pp. 41-51
Author(s):  
Matthew J. Dal Santo

On 8 June 1438, the Council of Ferrara-Florence began proceedings aimed at the reunion of the Eastern and Western Churches. One of the first issues discussed was the Latin doctrine of purgatory. This article examines a particular moment in the divergence of eschatological doctrine between the Latin, Greek and Syriac Churches – indeed, representatives of the West Syrian ‘Jacobites’ and East Syrian ‘Nestorians’ were at Ferrara too. It argues that a debate concerning the post mortem activity of the saints proved crucial for the formation of various Christian eschatological orthodoxies. The catalyst for this debate was the sixth-century revival of Aristotelian philosophy, especially Aristotelian psychology which emphasized the soul’s dependence on the body. This threatened the cult of the saints and the Church’s sacramental ‘care of the dead’. Defenders of the hagiological and cultic status quo rejected Aristotle’s claims and asserted the full post mortem activity of the soul after separation from the body by developing a novel doctrine of immediate post mortem judgement. This led to the formulation of eschatological opinions which, if not normative in their day, came to be considered so by later generations. One of these ideas was post mortem purgation.


2019 ◽  
Vol 67 (4 SELECTED PAPERS IN ENGLISH) ◽  
pp. 103-123
Author(s):  
Dorota Kudelska

The Polish version of the article was published in Roczniki Humanistyczne vol. 62, issue 4 (2014). The article presents the art of Zbylut Grzywacz in the context of his post-mortem exhibition in the Kraków National Museum in 2009. The subjects of the analysis are his paintings from the 1970s and 1980s, presenting women through a simple rough treatment of human body form, without an academic idealization. The destruction of the form conforms to the deconstruction of the myth of a Polish Mother. It is due to the change of a social position of the figures whom Grzywacz gives the roles of guardians of tradition, as well as due to their mental and moral degradation. The artist uses an irony in showing his knowledge of the tradition of showing a human body in an academic nude (what he denies), in a Flemish art of showing torn animal meat (with the Rembrandt’s reflection) and Holbein’s tradition of the post-mortem decay (The Body of the Dead Christ in the Tomb). One of the main themes in Grzywacz’s paintings is the loneliness, especially distinct in a representation of symbolically naked persons among insensible pedestrians. The Polish Mother—here she doesn’t belong to any society. The explicitness and the picturesque materiality covers a certain “crack” in the world presented inside the hard-to-comprehend present-day multitude of Grzywacz’s paintings. Behind the cover of the foreground tale, as one could think on the basis of the sketchbooks, there is a kind of an “unpresented world”, in which the author incessantly tells us about the pain of his existence with no anaesthetization by grotesque.


Sign in / Sign up

Export Citation Format

Share Document