Useful links
Unit of study_
LAWS6889: Death Law
2024 unit information
Western attitudes toward death have undergone a remarkable transformation in the last century. For many, death now takes place in the hospital or the hospice following the decision of a doctor to cease providing treatment. As the management of death has passed from the family to health care professionals, it now makes sense to regard the moment and circumstances of death as largely medical phenomena. Moreover, as 'autonomy' has taken a dominant place amongst ethical values, it also makes sense to describe and measure death in terms of its 'acceptability' both to the dying person and his or her survivors. In tandem with these changes, technological innovations have transformed the dead or dying body into a potential source of valuable (and recyclable) biological material. These developments have thrown up new and urgent challenges for legal understandings about the timing of, and criminal responsibility for causing, death both within and outside medical settings. These developments have also disturbed conventional understandings of the corpse as sacred. Topics to be covered may include: death in contemporary Australia, the legal definition of life and death, medical futility and the concept of 'lives not worth living', euthanasia (with and without request), physician-assisted suicide, refusing and withholding life-prolonging treatment in adults and children, the Shipman/Patel scandals, ownership of the corpse and body parts, dead donor organ transplantation, organ sale and theft, posthumous reproduction, 'mercy' killing outside medical settings and the jurisdiction of the Coroner. The unit will interrogate these and other contemporary challenges for the law relating to death and dying both within Australia and, where appropriate, other selected comparator jurisdictions (US, UK and Canada). These will be mapped against socio-historical understandings of the changing meaning of death, dying and serious disability in Western societies, and students will be encouraged to reflect on the broader legal implications of these developments. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html
Unit details and rules
Managing faculty or University school:
Law
| Code | LAWS6889 |
|---|---|
| Academic unit | Law |
| Credit points | 6 |
|
Prerequisites:
?
|
None |
|---|---|
|
Corequisites:
?
|
None |
| Prohibitions:
?
|
None |
| Assumed knowledge:
?
|
None |
At the completion of this unit, you should be able to:
- LO1. interrogate the legal challenges raised by changing social, ethical and technological understandings of ‘death’, ‘dying’ and ‘serious disability’
- LO2. analyse how law currently limits, regulates and investigates death, both within and outside medical settings, in Australia and selected comparator jurisdictions
- LO3. assess the efficacy/impact of current legal responses to issues around death and dying and consider the shape that future developments may take.
Unit availability
This section lists the session, attendance modes and locations the unit is available in. There is a unit outline for each of the unit availabilities, which gives you information about the unit including assessment details and a schedule of weekly activities.
The outline is published 2 weeks before the first day of teaching. You can look at previous outlines for a guide to the details of a unit.
Modes of attendance (MoA)
This refers to the Mode of attendance (MoA) for the unit as it appears when you’re selecting your units in Sydney Student. Find more information about modes of attendance on our website.
Important enrolment information
Departmental permission requirements
If you see the ‘Departmental Permission’ tag below a session, it means you need faculty or school approval to enrol. This may be because it’s an advanced unit, clinical placement, offshore unit, internship or there are limited places available.
You will be prompted to apply for departmental permission when you select this unit in Sydney Student.
Read our information on departmental permission.
