Under property theory, what is the legal status of a dead human body in the U.S.?

The legal status of a dead human body in the U.S. is that it is considered property, although this classification is nuanced. Under property theory, a dead body does have a legal status that reflects some form of ownership, but it cannot be treated like typical property. While specific laws regarding the disposition of remains and the rights of next of kin vary by state, it is widely accepted that the next of kin generally has the right to make decisions regarding the body.

The notion that a dead body is never used in this country is misleading. In practice, dead human bodies are handled in various legal and respectful ways, including burial, cremation, and donation for medical research.

It's important to note that while a body can’t be sold or commoditized in the conventional sense, it can be part of transactions related to funeral services. The rights concerning the remains typically rest with the next of kin, which reflects the social and legal norms surrounding the treatment of deceased individuals. However, the idea of a body belonging to the next of kin does not negate its classification as property within legal contexts, as the law recognizes certain rights and responsibilities associated with its disposition.

Therefore, the correct legal perspective situates a deceased human body within the context of property theory