Units
Death, Decisions and the Law
Unit code: LWN150
Contact hours: 26 hrs in total
Credit points: 12
Information about fees and unit costs
As people near the end of their lives, their medical treatment and other care raises complex medical, legal and ethical decisions. Choices about whether particular treatment should be provided or refused may have to be made, and this is complicated by the fact that many people may not have the competence at this stage in their life to be able to make these decisions. Although a competent adult may refuse treatment, another choice demanded by some is the right to end their own life and to be assisted by others to achieve this. This unit examines the legal aspects of these choices.
Availability
| Semester | Available |
|---|---|
| 2012 6TP5 | Yes |
Sample subject outline - 6 Week Teaching Period - 5 2012
Note: Subject outlines often change before the semester begins. Below is a sample outline.
Rationale
As a person nears the end of their life, their medical treatment and other care raises complex medical, legal and ethical decisions. Choices about whether particular treatment should be provided or refused may have to be made, and this is complicated by the fact that many people may not have the competence at this stage in their life to be able to make these decisions. Although a competent adult may refuse treatment, another choice demanded by some is the right to end their own life and to be assisted by others to achieve this. These choices are difficult because of the competing and sometimes conflicting considerations involved. Self determination is an important value in our society, but so is human life, and these values are sometimes further influenced by emotional and economic considerations. The topics examined in this unit are becoming increasingly important from the perspective of government regulation, for those making these end-of-life decisions (including relatives and those in statutory positions), and for legal practitioners in the field of health law.
Aims
The aim of this unit is for you to develop an understanding of the legal positions concerning end-of-life decision making in contemporary Australia and some overseas jurisdictions. This aim is directed towards ensuring that you have a detailed understanding of important legal positions and their consequences regarding these aspects of end-of-life decision making, and that you are able to critically evaluate legal positions and effects.
Objectives
After completing this unit, you should be able to:
1. identify major issues in the law concerning end-of-life decision making;
2. demonstrate a superior understanding of the legal positions regarding end-of-life decision making in these areas;
3. demonstrate an understanding of the deeper social and political forces that influence law and policy in these areas;
4. critically analyse, synthesise and evaluate complex legal issues in the context of end-of-life decision making; and
5. effectively communicate conclusions in a formal manner suitable for publication in a refereed journal.
Content
The unit is centred on selected issues concerning the law relevant to end-of-life decision making, and will be regularly revised to adapt to changes, developments and emerging issues in law and policy. Specific topics to be covered may include, but are not limited to, the following:
(a)The legal diagnosis of death
(b)Euthanasia and assisted death
- The law, including reforms and attempted reforms, in Australia
- Comparative analysis of the legal reforms in other jurisdictions
(c)Withdrawal and refusal of treatment
- Issues of consent, futility and best interests
- Competent and incompetent patients (including infants)
- Advanced health directives
(d)The State's supervision of death
- The State Coroner
- Reporting and investigating deaths
You will acquire an understanding of current legal issues and positions, as well as develop critical insight into these positions and their problems. The principal generic skill developed is the ability to identify and critically evaluate the law's positions, particularly regarding end-of-life decision making.
Approaches to Teaching and Learning
Tutorials
Tutorials will take place over 5 consecutive days of approximately 5 hours class time each day.
Your learning will be facilitated by tutorials that involve interaction between students and the lecturer. Tutorials will begin with the lecturer introducing the topic and identifying key areas of inquiry and discussion. The lecturer will then facilitate discussion and exploration of the legal positions and of problematic features of those positions. There will be a strong emphasis on critical evaluation of the legal positions and their consequences.
Students will have the opportunity to consult with staff on an informal basis about any aspect of the unit at specified times throughout the intensive teaching period and prior to the submission date for the research paper.
Study Guide
You will be prepared for tutorials by the Study Guide, which sets out key legal positions, areas of controversy and questions for consideration. You should prepare for classes by reading the Study Guide each week and reading any other authorities and materials referred to in the Study Guide. You will be assessed on your contribution to these discussions.
Assessment
Assessment in this unit is both formative and summative.
Formative assessment:
- You will receive formative feedback in tutorials through the lecturer's responses, discussions and comments regarding your preparatory work for each session.
- You will also receive formative feedback through the group discussions.
- You will be required to submit a short written outline of your research paper topic (not in excess of one page) within two weeks of the completion of the intensive. Feedback will be given on the topic.
·You will also receive formative feedback through the group discussions.
·You will be required to submit a short written outline of your research paper topic (not in excess of one page) within two weeks of the completion of the intensive. Feedback will be given on the topic.
Assessment name:
Discussion Forum
Description:
Class participation measures your contribution to the group's discussions. The mark for class participation includes consideration of your preparation for classes, your ability to actively listen to others, the quality of your contributions to the discussions and your ability to respond to questions.
Relates to objectives:
Class participation is a method of demonstrating your achievement of objectives 1-4.
Weight:
20%
Internal or external:
Internal
Group or individual:
Individual
Due date:
In Class
Assessment name:
Research Paper
Description:
The research paper (6000-8000 words) is an extended written paper about an issue of your choice that arises out of the areas of law covered in tutorials. You must identify and analyse a major legal issue regarding end-of-life decision making and you must critically assess the current situation, considering the legal and other social forces that have motivated the current position. You should then convey the results of your investigation in clear writing, observing legal citation standards and the rules of good English. You must obtain approval from the lecturer about your research topic within two weeks from the conclusion of the intensive.
Relates to objectives:
The research paper enables the lecturer to measure your achievement of objectives 1-5.
Weight:
80%
Internal or external:
Internal
Group or individual:
Individual
Due date:
8 Weeks After Intsv.
Academic Honesty
QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.
A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.
Resource materials
There is no prescribed text. The Study Guide will be used in class, and students should also access the statutory, common law and secondary authorities referred to in the Study Guide. There will also be an OLT site for this unit.
Risk assessment statement
There are no out of the ordinary risks associated with this unit.
Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.
Last modified: 21-May-2012
