Law and Medical Ethics 2: Beginning and End of Life (P02583)

? Credit Points : 20 ? SCQF Level : 11 ? Acronym : LAW-P-LW0042

The primary function of this module is to discuss the relationship between the law and the practice of medicine with particular emphasis on the issues and dilemmas that arise at the beginning and the end of human life. The law in these areas, and some of the uniquely significant issues they present, must be founded on sound moral principles. Medical ethics existed long before the law took an interest in medicine, and health care professionals today are guided as much by ethics as they are by law. On all counts, therefore, the issues must almost always be considered from an ethical perspective, and this aspect will be emphasised repeatedly.
The module concentrates on reproductive medicine and the control of fertility as fields that raise many controversial issues. At the other end of life, attitudes to death are changing while, at the same time, there have been very significant advances in resuscitation techniques and in the medical capacity to influence the process of dying. As a result, the subjects of medical futility, the allocation of limited resources, and euthanasia now stand very high on the medico-legal agenda.

Entry Requirements

none

Subject Areas

Home subject area

Law, (School of Law, Schedule F)

Delivery Information

? Normal year taken : Postgraduate

? Delivery Period : Semester 2 (Blocks 3-4)

? Contact Teaching Time : 2 hour(s) per week for 10 weeks

Summary of Intended Learning Outcomes

The aims of this module are to:
• consider the ethical and legal aspects in the medical control of reproduction, contraception and sterilisation
• discuss the moral, ethical and legal issues arising in relation to assisted reproduction, surrogacy, and human research and experimentation
• examine the anatomy and functioning of the brain, its pivotal relationship to defining death, and the relationship of death to transplantation, futility and PVS
• survey the difficulties encountered in transplantation: cultural values, legal norms, and practical and technical factors
• examine the ownership of one’s body and its components
• become familiar with the concept of medical futility, and the legal and ethical elements relating to resource allocation, euthanasia and assisted suicide.

By the end of this module, you will be able to:
• appreciate the wide range of legal and ethical conflicts that arise in the practice of modern medicine and which are uniquely associated with the start and end of life
• constructively criticise definitions and the application of terms like 'paternity' and 'maternity' that have been embedded in the law
• decide questions and present views on issues like the moral status and level of protection to be afforded the human fetus, embryos, and people of reduced intellectual capacity and whether they are adequately protected by the current legal framework, here and elsewhere
• contextualise current issues in terms of their historic development, the plurality of legitimate social, cultural and religious approaches, and the need to react to, and anticipate rapid changes in, medical science and technology
• constructively consider the role of law in all of these areas, as well as considering alternatives, including those followed in other jurisdictions.

Assessment Information

This module is assessed according to the broad format adopted across the whole of the LLM Programme, namely, by a combination of (1) essay and (2) activity-based learning.
The essay part of the assessment for this module consists of one essay of 5000 words. This essay counts for 80% of the final assessment on the module.
The remaining 20% of the final mark will be given for the answer in respect of a 'take home' exercise. The point of the exercise is to release an issues-based problem at the mid-semester break, which will draw on various elements of the module as a whole. For example, a scenario will be described and the student will have to advise the persons involved. Students will be required to submit a written answer to the problem within 72 hours of release. The answer should be no more than 1,000 words long.