Commodification of Human Remains: Public Policy in Contract Law - and Beyond

Despite the fact that human remains since ancient times have been regarded as something sacred and worthy of protection both in culture, ethics, and law, human remains are treated as goods. Human remains are traded for profit. Nowadays, this happens in particular on the dark internet. Despite much regulation prescribing that the deceased and their remains belong in proper graves, human remains are subject to display worldwide in the Roman-Catholic Church. Furthermore, plastinated bodies and human remains are on commercial exhibitions around the world. These last two cases may not seem to be examples of commercial dealings with human remains, but they are examples of commodification of human remains. Drawing on the three cases of commodification (trade, display, and exhibition), this paper seeks to analyze public policy in contract law and beyond, while also discussing the relevance of the res extra commercium doctrine. The underlying idea is that while trade, display, and exhibition may seem to fall within private law, a more efficient regulation requires for the state to intervene. The paper thereby contributes to a better understanding of public policy in dealings with human remains and sets the scene for a more consistent approach to public policy.