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Unit of study_

LAWS6889: Death Law

Semester 1b, 2022 [Block mode] - Remote

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.

Unit details and rules

Unit code LAWS6889
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Cameron Stewart, cameron.stewart@sydney.edu.au
Type Description Weight Due Length
Presentation hurdle task [Optional] Class presentation
Presentation
20% Multiple weeks
Due date: 02 May 2022 at 23:59

Closing date: 16 May 2022
20 minutes
Outcomes assessed: LO1 LO3 LO2
Assignment hurdle task Assignment
Written assessment
80% STUVAC
Due date: 30 May 2022 at 10:00

Closing date: 13 Jun 2022
7000 words
Outcomes assessed: LO1 LO2 LO3
hurdle task = hurdle task ?

Assessment summary

1.         [Optional] Case Presentation (20%):

The class presentation component will consist of a 20 minute class presentation based on a case. Case law presentations should address the following: the facts of the case/policy background, the legal issue or issues, the ethical principles, the reasoning employed by the judges/tribunals members in reaching their decision, the decision; and some commentary about the broader implications of the decision (including whether the case was, in your view, correctly decided and what happened afterwards). Candidates will need to argue for or against a particular interpretation (of the facts or the law) to support their tentative conclusions. Presenters can choose how they wish to present the case but most students use powerpoint or presi style presentations or handouts. Students are encouraged to make their presentations available for upload to Canvas.

The cases for presentation exercises can be found under each topic in the course outline, and you can also view the entire list of exercises (along with the Sign-up Sheet) on Canvas.  You will need to consult the Reading Guide to make your choice and reserve your choice of exercise via the separate sign-up sheet.  

The presentation component will consist of a 20 minute (approx) presentation that students will record as a Powerpoint video. This assessment is optional and you can choose not to submit a presentation and focus 100% on the short turn around assessment.

The last day for uploading the presentation is at 11:59 pm on Monday 2 May 2022.

Candidates may choose to present from the list of readings. The list of cases for presentation and the sign-up sheet are to be found on the LMS site.  You will need to consult the LMS to make your choice and reserve your choice of exercise via the sign-up sheet on the LMS site.  The sign-up sheet will be available on the LMS site. As presentation topics will be reserved by each candidate online, allocations will be determined on a first-come, first-served basis. 

Instructions on how to record your presentation

1. Students must record their presentation in Microsoft Powerpoint. PowerPoint provides us with the ability to record audio as you were going through the slides in class. Students can get access and download Microsoft Office (including Powerpoint) for free here:

https://www.sydney.edu.au/students/student-it/apps.html

Please note that you may need to update your version of Powerpoint to the one the University is using for this to work.

2. Create your slides for the case presentations dealing with the issues outline above. Once you have finalised your slides you can then record audio under the Slide Show tab: “Record Slide Show”. What’s good about this is you can record per slide, and so edit parts of the presentation if there’s a slide you don’t like or want to change.

3. Once you’ve saved your .ppt with audio, you’ll need to convert it to a video file.  In PowerPoint you can convert your .ppt to video this by selecting the File tab, and then selecting “Export”. Then click on “Create a Video”. To get a manageably sized file, you’ll want to select “Standard (480p)”

Below the video settings, you'll see another that should be pre-set to “Use Recorded Timings and Narrations”. Keep that selected so that you preserve your audio with the slides. Then just click “Create Video”. It will take a little while to finish exporting (You’ll see a bar down the bottom of the screen showing its progress), but once it’s done you’ll have a video file ready to be uploaded to Canvas

4. We will create a place on Canvas for you to upload your presentation. Cameron will then make them available to the rest of the class. Please submit it through Canvas but if you are having difficulties please email the video to Cameron at cameron.stewart@sydney.edu.au

The outcome of a successful Special Consideration application prior to the closing date is an extension. Special consideration after that date leads to an alternative assessment to be determined by the discretion of the lecturer.

2. Assignment (80% or 100%):

The short turn around assignment can be accessed on the Canvas site and consists of a problem question and a discussion question at 10:00am on 27 May 2022 and must be submitted to Canvas before 10.00am on 30 May 2022. The assignment will comprise 80% (for those who do the [optional] Class presentation ) or 100% of the available marks for the unit and should not exceed 7000wds. The assignment will consist of 2 questions which may be problem-based or discussion style questions. The questions will be based on issues raised by the materials. The assignment should be referenced using the footnotes in the Australian Guide to Legal Citation Style.

The outcome of a successful Special Consideration application prior to the closing date is an extension. Special consideration after that date leads to an alternative assessment to be determined at the discretion of the lecturer.

Assessment requirement to pass a unit of study:

A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Demonstrates the minimum level of competence and satisfies the requirements to proceed to higher-level studies.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see sydney.edu.au/students/guide-to-grades.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Ongoing 1. Death and dying in contemporary Australia; 2. Distinction between life and death; 3. Autonomy at the end of life Seminar (7 hr) LO1 LO2
1. End of life decisions and consciousness; 2. On the borderline of viability; 3. Double effect and palliative sedation Seminar (7 hr) LO1 LO2 LO3
1. Voluntary euthanasia and assisted suicide; 2. ‘Compassionate’ homicide; 3. The legal status of the corpse Seminar (7 hr) LO1 LO2 LO3
1. Organ transplantation and the dead donor rule; 2. Posthumous reproduction Seminar (7 hr) LO1 LO2 LO3

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude bibliography; footnote numbers; footnote citation; cover page and include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Library eReserve, available on Canvas.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

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.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since this unit was last offered

Disclaimer

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