76070 Biomedical Law and Bioethics
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Subject handbook information prior to 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((70120 Legal Method and Research OR 70102 Foundations of Law)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (70106 Principles of Public International Law AND 94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Anti-requisite(s): 78146 Dilemmas in Biomedical Law AND 78147 Dilemmas in Biomedical Law
Description
This subject analyses the effectiveness of law in regulating new medical developments. The subject examines the impact that emerging biomedical technologies have on society and explores legal solutions that deal with the challenges presented by such technologies. A diverse and wide range of biomedical issues are considered, such as genes, cloning, euthanasia, medical experimentation and research, reproductive technology and surrogacy.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Build and elaborate on basic legal concepts and apply them to a specialist area; |
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| 2. | Acquire and understand the legal, ethical, moral and social issues which arise at the intersection of law and developments in medicine; |
| 3. | Understand and evaluate the limits and impacts of existing regulatory frameworks for each of the topic areas covered in this subject. |
| 4. | Develop an appreciation of bioethics and other forms of nonlegal regulation. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1)
Contribution to the development of graduate attributes
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
1: Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0)
2: Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0)
3: Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues.(4.0) [Text Box: Teaching and learning strategies]
Teaching and learning strategies
Strategy 1
Classes will be based on a combination of lecture, student presentations and discussions. This will provide students with the opportunity to critically explore, analyse and reflect on a range of relevant issues, as well as to develop communication skills in different learning environments.
Strategy 2
Independent study and research is encouraged to extend and deepen knowledge and understanding of relevant issues as well as to develop self-management skills. Students are expected to prepare for classes by reading set materials and/or engaging with online resources, as appropriate, and to come to class ready to participate in informed discussion about selected issues.
Strategy 3
Case studies are utilised to provide a practical focus and context for contemporary bioethical dilemmas arising out of the development of biomedical technologies.
Content (topics)
- Law as a regulatory tool of biomedical developments
- Human experimentation
- Property in the human body
- Property in the human body: Commercial and altruistic surrogacy
- Animal experimentation
- Genetics and eugenics
- Embryo research and cloning
- Infertility
- Pre-birth; Birth and the body
- Body parts
- Death
Assessment
Assessment task 1: Class participation
| Objective(s): | This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.4.1 |
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| Weight: | 20% |
Assessment task 2: Tutorial Paper
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.4.1 |
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| Weight: | 20% |
| Length: | 800 - 1000 words, not including footnotes. |
Assessment task 3: Research Assignment
| Objective(s): | This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.4.1 |
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| Weight: | 60% |
| Length: | 2500 words |