LAW7074

Legal issues in bioethics

Dr Bernadette McSherry and Dr Justin Oakley

Objectives On completion of this subject, students should have (1) acquired the skills to uncover the political values underlying views about state regulations of various reproductive and health care practices; (2) developed the ability to think critically about those political values; (3) acquired an understanding of some of the practical problems in State regulation of various reproductive and health care practices; and (4) enhanced their legal research and legal writing skills.

Synopsis This subject provides a framework for understanding the role and impact of law in areas of concern in bioethics and considers how ethical and social debate can affect the process of law reform. This is done by focusing initially on views about what values the state ought to be committed to, the justifiable limits of legislative intervention and approaches to the formulation of public policy in a democratic pluralist society. This will be followed by an examination of the current law and legal approach (particularly in Australia) to areas of bioethical concern, such as abortion, prenatal diagnosis, IVF, embryo experimentation, informed consent, confidentiality, and euthanasia. The process of legal change and development and its relationship to scientific advances and ethical debate will also be discussed.

Assessment Research Paper (2000 words): 20% - Research paper (3000 words): 30% - Take-home examination: 50%

Texts

Edited reading materials

Recommended texts

Charlesworth M Bioethics in a liberal society CUP, 1993
Lee S Law and morals OUP, 1986

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