BITC403 Issues in Law, Ethics and Medicine

Overview

Current issues in bioethics and medical law with reference to theories about actual and desirable relationship of law, morals, and the biomedical sciences.

This paper examines current issues in bioethics and medical law as they arise from some key cases and judgements in recent years. The issues will be considered with reference to theories about the actual and desirable relationship of law and ethics. Those theoretical positions will be outlined, critiqued and discussed at the outset of the paper, particularly as they concern:

• The nature of bioethics as a discipline
• The nature of health law and its distinction from other areas of law
• The relation between health law, bioethics and society
• The idea of human rights
• The potential conflict between professional duties and patient choices
• Conscientious objection to the law by health professionals

About this paper

Notes

There is one residential weekend held in Dunedin. Attendance is expected.

Eligibility

Entry to Bioethics postgraduate papers assumes that the student has completed an undergraduate degree or has completed BITC 301 Bioethics or a 300-level paper in a related subject (e.g. in Philosophy, Politics, Law, Health Sciences or Life Sciences).

Contact

 Professor John McMillan, john.mcmillan@otago.ac.nz

Teaching staff

Professor John McMillan

Paper Structure

This is a 15-point paper. It is expected to require between 12-20 hours per week on reading and course-associated work over the first semester.

Teaching Arrangements

The Distance Learning offering of this paper is a combination of remote and in-person teaching.

There is one residential weekend held in Dunedin. Students are strongly advised to attend the residential weekend in person, though students may contact the paper convenor for an exemption if they are unable to attend in person.

The seminars and lectures for BITC 403 are AV-linked.

Textbooks

Beauchamp, T. Childress, J. Principles of biomedical ethics. OUP 6th edition, 2009

Principles of Health Care Ethics Second Edition (eds Ashcroft, Dawson, Draper and McMillan). John Wiley and Sons

Paterson, Manning, Skegg and Dawson. Medical Law in New Zealand. Booker Publishers (2006)

Graduate Attributes Emphasised

Scholarship, Critical thinking, Ethics.
View more information about Otago's graduate attributes.

Learning Outcomes

We aim to examine a range of key concepts and arguments used in the intersection between ethical and legal debate. This will be done in part by close attention to key judicial decisions, in New Zealand and elsewhere, so that students would be expected to develop the following skills:

• The ability to read a judicial decision and identify the ethical issues
• A knowledge of the arguments needed to critique the decision
• An understanding of ethical debate and its relevance to the rationale of a given decision

Assessment details

• Formative assignment, 500 words (5%)
• First essay, 1,500 words (35%)
• Second essay, 3,000 words (60%)

Overview

Current issues in bioethics and medical law with reference to theories about actual and desirable relationship of law, morals, and the biomedical sciences.

This paper examines current issues in bioethics and medical law as they arise from some key cases and judgements in recent years. The issues will be considered with reference to theories about the actual and desirable relationship of law and ethics. Those theoretical positions will be outlined, critiqued and discussed at the outset of the paper, particularly as they concern:

• The nature of bioethics as a discipline
• The nature of health law and its distinction from other areas of law
• The relation between health law, bioethics and society
• The idea of human rights
• The potential conflict between professional duties and patient choices
• Conscientious objection to the law by health professionals

About this paper

Notes

There is one residential weekend held in Dunedin. Attendance is expected.

Eligibility

Entry to Bioethics postgraduate papers assumes that the student has completed an undergraduate degree or has completed BITC 301 Bioethics or a 300-level paper in a related subject (e.g. in Philosophy, Politics, Law, Health Sciences or Life Sciences).

Contact

Professor John McMillan

Teaching staff

Professor John McMillan

Paper Structure

This is a 15-point paper. It is expected to require between 12-20 hours per week on reading and course-associated work over the first semester.

Teaching Arrangements

The distance learning offering of this paper is a combination of remote and in-person teaching.

There is one residential weekend held in Dunedin. Students are strongly advised to attend the residential weekend in person, though students may contact the paper convener for an exemption if they are unable to attend in person.

The seminars and lectures for BITC 403 are AV-linked.

Textbooks

Beauchamp, T. L., & Childress, J. F. (2008). Principles of biomedical ethics (6th ed.).

Ashcroft, R. E., Dawson, A., Draper, H., & McMillan, J. R. (2007). Principles of Health Care Ethics (2nd ed.). John Wiley and Sons.

Skegg, P. D. G., Paterson, R. & Manning, J. (2006). Medical Law in New Zealand. Thomas Brookers.

Graduate Attributes Emphasised

Scholarship, Critical thinking, Ethics.
View more information about Otago's graduate attributes.

Learning Outcomes

We aim to examine a range of key concepts and arguments used in the intersection between ethical and legal debate. This will be done in part by close attention to key judicial decisions, in New Zealand and elsewhere, so that students would be expected to develop the following skills:

• The ability to read a judicial decision and identify the ethical issues.
• A knowledge of the arguments needed to critique the decision.
• An understanding of ethical debate and its relevance to the rationale of a given decision.

Assessment details

• Formative assignment (500 words): 5%
• First essay (1,500 words): 35%
• Second essay (3,000 words): 60%