LAWS6889 - Death Law

Objectives

  • Interrogate the legal challenges arising from modern medical practices and changing social and ethical understandings about the meaning of ‘death’; ‘dying’ and ‘serious disability’.
  • Examine the means by which law currently limits, regulates and investigates death and dying in Australia ( and, where relevant) selected comparator jurisdictions.
  • Canvas contemporary debates about the proper role of law in determining when death occurs, the protection of dying and seriously disabled individuals, criminal responsibility for causing or assisting a person to die, the permissible uses of biological material after death occurs and the role of the Coroner.
  • Assess the efficacy of current legal responses to issues around death and dying and reflect critically on possible future developments in this field.

Content

Death in contemporary Australia; the legal definition of life and death; the meaning and significance of fertility; discriminalisation of euthanasia and physician assisted suicide; withdrawing and refusing life-sustaining treatment in adults and children; the Shipman/Patel scandals; ownership of the corpse and body parts; dead donor organ transplantation; organ retention by hospitals, organ sale and theft; posthumous reproduction; ‘mercy’ killing outside medical settings and the jurisdiction of the Coroner.

Session

Semester 1 Intensive
3-4 & 17-18 April 2009

The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.

Assessment

  • 1 x Class Presentation (10%)
  • 1 x 2,000 Word Presentation Paper (30%)
  • 1 x 5,000 Word Research Essay or Take-Home Exam (60%)

Courses this unit is available in

Master of Laws | Graduate Diploma in Law | Master of Criminology | Graduate Diploma in Criminology | Master of Health Law | Graduate Diploma in Health Law