Museums and the Return of Human Remains: An Equitable Solution?

Abstract

AbstractDisputes over the retention of human remains in museum and other collections are further exacerbated by the common law's limited recognition of the human body and its parts as property. Equity has long recognised the rights of the personal representatives of the dead to possession of the corpse or its remains for decent disposal. This essay considers the possible application of equitable principles to applications for the return of human remains from museum and other collections.