Death, Dying and the Law LAW4194

  • Academic Session: 2023-24
  • School: School of Law
  • Credits: 20
  • Level: Level 4 (SCQF level 10)
  • Typically Offered: Semester 1
  • Available to Visiting Students: Yes

Short Description

This course covers core topics relating to legal and ethical issues at the end of life. Issues to be considered include the value of life/ definition of death, persistent vegetative state/ minimally conscious state, withholding/ withdrawing of life sustaining treatment, advance directives, assisted suicide, euthanasia and assisted dying (reform).

Timetable

Weekly seminars, on campus. 10 x 2 hour seminars in total.

Requirements of Entry

This course is only available to LLB students and appropriately qualified visiting law students.

Excluded Courses

None

Co-requisites

None

Assessment

■ 4,000 word essay (80%) 

■ 15 minute group presentation (20%)

Are reassessment opportunities available for all summative assessments? Not applicable for Honours courses

Reassessments are normally available for all courses, except those which contribute to the Honours classification. Where, exceptionally, reassessment on Honours courses is required to satisfy professional/accreditation requirements, only the overall course grade achieved at the first attempt will contribute to the Honours classification. For non-Honours courses, students are offered reassessment in all or any of the components of assessment if the satisfactory (threshold) grade for the overall course is not achieved at the first attempt. This is normally grade D3 for undergraduate students and grade C3 for postgraduate students. Exceptionally it may not be possible to offer reassessment of some coursework items, in which case the mark achieved at the first attempt will be counted towards the final course grade. Any such exceptions for this course are described below. 

Course Aims

AIMS OF THE COURSE

 

■ to promote understanding of the legal and ethical issues that arise at the end of life and to promote a critical understanding of the range of issues that require to be considered in regulating life and death decisions and seeking to respect choices that may result in death;

■ to introduce and explain some of the various theories about how death should be defined;

■ to describe and discuss analytically the legal position with regard to withholding and withdrawing life-prolonging medical treatment, and discuss this with regard to particularly contentious cases such as permanently vegetative patients; minimally conscious patients.

■ to critically consider the advantages/ disadvantages of writing an advance directive.

■ to examine the legal status and ethical debates surrounding assisted suicide and euthanasia and to invite comparison with the approaches adopted by other jurisdictions;

■ to facilitate the development of critical and analytical skills of students by examining the legal provisions that exist to regulate support, protection and assistance at the end of life.

■ to facilitate the development of oral communication skills of students, and particularly the skills of critical argument;

■ to facilitate the development of the communication skills of students.

Intended Learning Outcomes of Course

OBJECTIVES OF THE COURSE

 

By the end of the course the students will be able to demonstrate:

 

■ knowledge of how UK law and the medical profession define death in the Twenty-first Century;

■ an appreciation of some of the difficulties and controversies surrounding the current definition of death, and to discuss knowledgeably some of the proposed alternatives thereto;

■ an understanding of the legal basis for withdrawing or withholding life-prolonging medical treatment, and knowledge of the case law underlying this status;

■ an understanding of the legal status of advance medical directives, and knowledge of the case law underlying this status;

■ an understanding of the legal status of euthanasia and assisted suicide in the UK, and knowledge of the relevant case law and statute;

■ an appreciation of, and ability to debate, the various arguments in favour of and opposed to the reform of the law regarding euthanasia and assisted suicide;

■ an understanding of the legal position of euthanasia and assisted suicide in certain other jurisdictions, most particularly the Netherlands, Switzerland and Oregon;

■ to appreciate the role of the criminal law in regulating this area and to suggest possible reforms in it;

■ to communicate knowledge and understanding of this area orally and in writing, and to express informed opinions about the subject matter in seminars.

Minimum Requirement for Award of Credits

Students must submit at least 75% by weight of the components (including examinations) of the course's summative assessment.