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Unit outline_

LAWS6889: Death Law

Intensive May, 2023 [Block mode] - Camperdown/Darlington, Sydney

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

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
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 (Oral) (20%)
Oral presentation
0% Ongoing 20min class presentation based on a case
Outcomes assessed: LO1 LO3 LO2
Assignment Optional Case Presentation (video to be uploaded on Canvas) (20%)
Recorded MP4 presentation
0% Week 03
Due date: 01 May 2023 at 23:59

Closing date: 01 May 2023
A video presentation on selected case
Outcomes assessed: LO1 LO2 LO3
Assignment hurdle task Assignment (short release) (80% or 100%)
Written problem based questions
0% Week 05
Due date: 15 May 2023 at 10:00

Closing date: 22 May 2023
7000 words / 3 working days
Outcomes assessed: LO1 LO2 LO3
hurdle task = hurdle task ?

Assessment summary

Optional Case Presentation (20%): The class presentation component will consist of a 20 minute class presentation based on a case. Presentations will occur during class at the time allocated to the case in the reading guide.

Optional Case Presentation (video to be uploaded on Canvas) (20%): Students may opt to record an MP4 presentation and load it onto Canvas.

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. 

The cases for presentation exercises can be found under each topic in the unit 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 (ie in-class or recorded) via the separate sign-up sheet.  

This assessment is optional and you can choose not to do a presentation and focus 100% on the short release assessment.

Instructions on how to record your presentation (should you choose to do so)

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 last day for uploading the presentation is at 11:59pm (Sydney, Australia time) on 1 May 2023.

Assignment (80% or 100%): The short release assignment can be accessed on the Canvas site and consists of a problem question and a discussion question at 10:00am (Sydney, Australia time) on Friday, 12 May 2023 and must be submitted to Canvas before 10.00am (Sydney, Australia time) on Monday, 15 May 2023.  The assignment will comprise 80% (for those who do the optional class presentation or the optional recorded presentation) or 100% of the available marks for the unit and should not exceed 7000wds (including references). 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 grant of special consideration application may include an alternative task, at the discretion of the Unit Coordinator.

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking).

Word Limit 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 include all referencing

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 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. For example, a submission after (due time) but by 11.59pm on the due date will attract a 10% penalty. A submission after midnight of the due date for submission will attract a 20% penalty. A submission on the following day after midnight will attract a 30% penalty, and so on. Late penalties will be strictly applied. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission.

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.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

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. Attendance requirements may be satisfied by in person attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

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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