scholarly journals De nouvelles normes à l’égard des restes humains anciens : de la réification à la personnalisation?

2019 ◽  
Vol 2 (3) ◽  
pp. 79-87
Author(s):  
Gaëlle Clavandier

The norms regarding human remains, old or new, are changing; we are witnessing unprecedented adjustments that tend to humanize these remains. Some of these, in very different contexts, are now treated as mortal remains and can benefit from treatment that could be qualified as funeral and lead to the cemetery. These changes are frequently interpreted as the result of the expression of ties (family ties, community affiliation) that promote a grieving process or a memory dynamic. However, a second trend is at work to apply principles dedicated to mortal remains, including the principle of human dignity, to human remains that have until now been reified. This trend can be observed at two levels, that of legal doctrine and that of practice. This article is based on an example from a recent preventive archaeological excavation, that captures both the issues and the responses adopted in situ about the trajectory and fate of these human remains.

2007 ◽  
Vol 29 (2) ◽  
pp. 155-161
Author(s):  
PAUL R. J. DUFFY ◽  
GAVIN MACGREGOR ◽  
FRASER HUNTER

In May 2001, Glasgow University Archaeological Research Division (GUARD) undertook an archaeological excavation at Swainbost, Isle of Lewis, under the provisions of the Historic Scotland Human Remains Call Off Contract, following the discovery of the partial remains of a coastally-eroded in-situ human burial. The remains were found to be from one individual, probably male, aged between 30 and 34 years at death with a slight deformity of the spine buried in a supine position in a flat-based grave. Several flat slabs present in the vicinity may have been the remains of a cist. An iron artefact, identified as a belt buckle, was recovered adjacent to the right side of the pelvis. A single radiocarbon date suggests the burial dates to 390–170 BC.


2003 ◽  
Vol 25 (2) ◽  
pp. 165-169
Author(s):  
Paul R. J. Duffy ◽  
Olivia Lelong

Summary An archaeological excavation was carried out at Graham Street, Leith, Edinburgh by Glasgow University Archaeological Research Division (GUARD) as part of the Historic Scotland Human Remains Call-off Contract following the discovery of human remains during machine excavation of a foundation trench for a new housing development. Excavation demonstrated that the burial was that of a young adult male who had been interred in a supine position with his head orientated towards the north. Radiocarbon dates obtained from a right tibia suggest the individual died between the 15th and 17th centuries AD. Little contextual information exists in documentary or cartographic sources to supplement this scant physical evidence. Accordingly, it is difficult to further refine the context of burial, although a possible link with a historically attested siege or a plague cannot be discounted.


2020 ◽  
Vol 10 (21) ◽  
pp. 7803
Author(s):  
Miguel Angel Dilena ◽  
Marie Soressi

Archaeological excavation is a demolishing process. Rather few elements outlast extractive operations. Therefore, it is hard to visualise the precise location of unearthed finds at a previously excavated research area. Here, we present a mixed reality environment that displays in situ 3D models of features that were formerly extracted and recorded with 3D coordinates during unearthing operations. We created a tablet application that allows the user to view the position, orientation and dimensions of every recorded find while freely moving around the archaeological site with the device. To anchor the model, we used physical landmarks left at the excavation. A series of customised forms were created to show (onscreen) the different types of features by superimposing them over the terrain as perceived by the tablet camera. The application permits zooming-in, zooming-out, querying for specific artefacts and reading metadata associated with the archaeological elements. When at the office, our environment enables accurate visualisations of the 3D geometry concerning previously unearthed features and their spatial relationships. The application operates using the Swift programming language, Python scripts and ARKit technology. We present here an example of its use at Les Cottés, France, a palaeolithic site where thousands of artefacts are excavated out of six superimposed layers with a complex conformation.


Author(s):  
Daniel Ferreira Fidalgo ◽  
Eduardo Porfírio ◽  
Ana Maria Silva

O presente trabalho incide sobre a análise antropológica do espólio ósseo humano recuperado de 21 hipogeus do arqueossítio de Torre Velha 3 (TV3; São Salvador, Serpa), datados entre os meados e a segunda metade do II milénio a.C.. Dezasseis hipogeus são individuais, três duplos (uma inumação in situ com uma redução associada) e um triplo (enterramento duplo com uma redução associada) e dois contextos funerários inconclusivos. Todos os restos ósseos humanos foram recuperados da câmara funerária. Para além destes, um hipogeu continha um enterramento com uma redução associada na câmara e uma inumação primária na antecâmara. Destes sepulcros foram exumados 28 indivíduos, 22 adultos (11 do sexo feminino, nove do masculino e dois casos indeterminados), cinco não adultos e um em que não foi possível atribuir uma faixa etária. Nas inumações primárias e individuais, as oferendas cárneas encontram-se associadas a adultos de ambos os sexos. Por sua vez as cerâmicas e punções surgem somente em enterramentos do sexo feminino, com a excepção de um punção associado ao adulto do sexo masculino [2007]. Recorrendo à análise estatística de componentes principais, foi possível observar que as diferenças na morfologia dentária de TV3 em comparação com outras amostras da Pré-História recente Peninsular são mínimas, e podem ser explicadas por mudanças genéticas associadas a possíveis contactos e interações interregionais. Foram ainda identificados padrões de desgaste dentário atípico que sugerem o uso parafuncional do sistema mastigatório de adultos do sexo feminino. Relativamente à patologia oral, a incidência de lesões cariogénicas na amostra é de 5,85% (29/495), e afecta cerca de 57% dos indivíduos analisados (n=21). Estes valores são superiores à maioria das amostras comparadas do Neolítico Final/Calcolítico do actual território Português, mas semelhantes aos registados para outras comunidades da Idade do Bronze. New data on the Middle Bronze Age hypogea of Torre Velha 3 (Serpa): burial contexts and the study of the human osteological remains - The present work focuses on the anthropological analysis of the human remains exhumed from 21 hypogea of the archaeological site of Torre Velha 3 (TV3; São Salvador, Serpa), which is dated between the middle and second half of the II millennium B.C. Sixteen hypogea were individual, three double (one in situ burial with an associated reduction) and one triple (double burial with associated reduction) and two inconclusive funerary contexts. The human remains were collected unearthed from the chambers of the tombs. Besides these, one hypogeum displayed an in situ burial with an associated reduction in the chamber and other in situ burial in theantechamber. From these tombs were exhumed 28 individuals, 22 adults (11 females, nine males and 2 inconclusive), five non adults and one unknown. In primary and individual burials, meat offering were found in association with adults from both sexes. Ceramic vessels and awls are found only in female burials, with the exception of one awl found in association with the male adult [2007]. Using a principal component analyses, it was possible to observe that the differences in dental morphological traits found in TV3, in comparison with other samples from the Iberian Peninsula’s recent pre-history, are minimal and can be explained by genetic changes derived from possible inter-regional contacts and interactions. Some atypical dental wear patterns were also identified, mostly in adult females, and these suggest the parafunctional use of the masticatory system. Finally, the incidence of cariogenic lesions found is 5.85% (29/495), affecting around 57% of the individuals analysed (n=21). These values are higher than Late Neolithic/Chalcolithic samples from nowadays Portugal, but similar to the values found in Bronze Age samples.


Author(s):  
Svetlana Borisovna Zhdanenko ◽  
Eduard Anatolievich Kalnytskyi ◽  
Yuliia Vasil’evna Meliakova

It is shown that the origins of the modern concept of human rights as the leading political and legal doctrine are in the horizon of the formation of philosophical knowledge. The ideas of the thinkers of antiquity, the Middle Ages and the New Age regarding freedom, equality, justice and human dignity, which constitute the basic principles and values of the concept of human rights, are considered. The genesis of human rights occurs in the context of the development of natural-legal thinking and the search for a balance between individual happiness and public good. It is proved that modern ideas about human rights are based on philosophical concepts, the quintessence of which was the proclamation of the autonomy and freedom of the individual.


Author(s):  
Slipachyk Slipachyk

The scientific article focuses on the analysis of a sentence of life imprisonment without a realistic prospect of release in Ukraine as a violation of the “right to hope” in the context of the human dignity category. The study provides an overview of approaches to the definition of human dignity in national legal doctrine and practice, a historical and legal analysis of the origins of legal regulation of the idea of ​​respect for human dignity in international legal acts, and analyses the constitutional stages of the evolution of this concept as a matter of international law. The author has reviewed the jurisprudence of the European Court of Human Rights on this issue and studied the reasons of the Court on setting standards for acceptable treatment of a person through the lenses of human dignity and the inadmissibility of inhuman and degrading offences. Taking into account these standards, a critical assessment has been carried out, in particular, of the judicial practice of the Federal Republic of Germany on the application to a prisoner of such a type of punishment as preventive detention with indefinite duration. Emphasis has been given to the national judicial practice in cases of possible releasing life-sentenced prisoners in the conclusions of the Grand Chamber of the Supreme Court and the decision of the Constitutional Court of Ukraine on this issue. Based on the results of the study, a set of measures, including amending the legislation to bring it in line with the requirements of European human rights standards to protect human dignity and ensure the “right to hope” has been offered.


Radiocarbon ◽  
2020 ◽  
pp. 1-10
Author(s):  
Adrián Pablos ◽  
Nohemi Sala ◽  
Alfonso Arribas

ABSTRACT Pleistocene human remains are rare inland on the Iberian Peninsula. Most are considered Neandertals, but anthropological analyses and direct dating are rare. Recently, we published a study of a navicular from this region found in the Torrejones Cave. The results showed it differed from that of Neandertals and it was re-identified as Homo sapiens. Following the previous stratigraphic and biochronologic descriptions, we suggested that it could correspond to an Upper Paleolithic human, since the navicular was apparently recovered in the Late Pleistocene from an in situ unit. Direct radiocarbon dating from this fossil (4855–5036 cal BP), believed to be the only Paleolithic Homo sapiens from inland Iberia, as well as other hominin and faunal remains from the site, show that the human bones actually date to the Chalcolithic. The unexpectedly recent chronology for the navicular implies that there is no evidence of human fossils from the Upper Paleolithic in Torrejones Cave. Thus, any date from the Middle/Upper Paleolithic human record should be taken with caution until in-depth paleoanthropological, stratigraphical and/or direct dating studies are conducted. Extraordinary caution is recommended when human remains are recovered from apparently Paleolithic units in contexts bearing Holocene sepulchral units on the uppermost levels and/or some evidence of bioturbation.


Author(s):  
Linda Elisabete Mendes Melo ◽  
Ana Maria Silva

Em Março de 2012, durante os trabalhos no Bloco de Rega de Selmes (Sítio Monte do Malheiro 2, Vidigueira, Beja) foram descobertos dois hipogeus. Estes, distanciados entre si cerca de 5m, datam do Neolítico final. O espólio ósseo humano recuperado encontrava-se muito incompleto e com um elevado grau de fragmentação. O objectivo deste trabalho é documentar as práticas funerárias nestes dois sepulcros pré-históricos e obter algumas inferências antropológicas dos indivíduos depositados nestes túmulos.Do Hipogeu 1, foram recuperados três adultos em articulação e dois não adultos em contexto desarticulado. Um aspecto peculiar é a ausência total de restos ósseos cranianos neste Hipogeu permitindo sugerir manipulação óssea. O espólio arqueológico recuperado inclui lâminas em sílex, enxós e machados. No antebraço do enterramento 2 foi ainda recuperada uma pulseira de Glycymeris glycymeris, e entre as falanges das mãos do enterramento 1, 5 falanges de Ovis/Capra. Todos os achados, ósseos e arqueológicos encontravam-se tingidos por um pigmento avermelhado.No Hipogeu 2 foram identificados um indivíduo adulto em conexão anatómica e mais um adulto e dois não adultos em contexto desarticulado. Não foi recuperado qualquer espólio arqueológico deste Hipogeu que apresentava ainda indícios de perturbações antigas. Funerary practices and anthropological analysis of the human remains exhumed from the late Neolithic/Chalcolithic hypogea 1 and 2 of Monte Malheiro 2 (Selmes, Vidigueira, Beja, Portugal) - During the archaeological intervention at the “Blocos de Rega de Selmes” (Vidigueira, Beja -Portugal) in “Sítio Monte do Malheiro 2,” two hypogea were discovered. Both revealed human osteological remains dated to the Late Neolithic. The human skeletal remains from both hypogea were very incomplete and display a high level of fragmentation. The aim of the present paper is to document the funerary practices and obtain some anthropological inferences about the human remains unearthed from these two Hypogea.From Hypogeum 1, five individuals were exhumed, three adults (in situ) and two non-adults disarticulated. One peculiar aspect in this Hypogeum is the total absence of cranial bones, which suggest the practice of bone manipulation.Grave goods from this tomb include axes, polished stone adzes and flint blades. In the forearm of skeleton 2, a bracelet of Glycymeris glycymeris was recovered and among the human phalanges of individual 1, 5 phalanges of Ovis/Capra.From Hypogeum 2 it was possible to recovered one skeleton in anatomical connection, and a group of disarticulated bones corresponding to a minimum number of three individuals (one adult and two non-adults). No grave goods were recovered. Signs of old perturbations were registered.


Author(s):  
M. Kravchenko

The article studies the right to human dignity through the prism of German legal doctrine. During the research, a wide range of general scientific and special legal methods of scientific cognition has been used, in particular: methods of dialectical logic, comparative legal and system-structural methods. The paper analyses domestic and German legal resources on the right to human dignity, in particular the works of S. von Puffendorf, I. Kant and G. Durig. As a result of the study, the author states that the German legal opinion formed the fundamental doctrine of the right to human dignity. This doctrine began in Germany, back in the Renaissance. For the first time, it was systematized in the works of a German researcher S. von Puffendorf. The article illustrates that human dignity is revealed in the German doctrine of fundamental human rights through a number of characteristics. The right to human dignity is the foundation of social value and respect for human beings. It prohibits the conversion of a person to an object in state procedures. Human dignity is not only the individual dignity, but also the dignity of a person as a species. Everyone possesses it regardless of its characteristics, achievements and social status. It also belongs to someone who cannot act reasonably because of his or her physical or mental state. They do not lose their human dignity even through "unworthy" behaviour, for example, by committing any crime. No one can be deprived of human dignity. Attention is drawn to the fact that German law does not intentionally give a definitive definition of the right to human dignity. It merely defines a comprehensive list of requirements for the protection of this fundamental human right. The reason for this is that any definition cannot guarantee the absolute protection of this human right. In other words, such a normative definition of this human right will inevitably lead to such a situation where it cannot protect the human dignity of an individual or even be the legal basis for its restriction. In this part, the German approach to the definition of the right to human dignity differs significantly from the domestic approach, since for the national science and practice of lawmaking it is quite logical to take a different approach, in particular to formulate clear and comprehensive definitions of legally significant phenomena and categories. It has been established that, according to the German doctrine of fundamental human rights, human dignity must be protected in any way within any relationship. It was found that the German Nazis had a negative influence on the German doctrine of the human dignity. This is due to the fact that the protection of human dignity was not built around what was allowed to be done, but about what was forbidden under any circumstances. Keywords: human dignity, a fundamental human right, a human rights doctrine, a state, legislation.


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