Law and the Human Body

Learning Outcomes

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

• the historical and modern uses of the human body and body parts in science and medicine, and the scandals that accompanied pioneering anatomical and pharmaceutical uses of the human body and body parts;
• the important role of property law and property theory in dealing with problems relating to the human body and body parts;
• how the human body and body parts are categorised in law for the purpose of making claims in court in relation to an unauthorised interference;
• the laws governing the disposition and exhumation of dead bodies.
• the legal difficulties that impair the grant of remedies for non-consensual uses of body parts;

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• communicate in writing an understanding of law and the human body, its application to the solution of legal problems and the formulation of effective argument with clear and accurate use of language and legal terminology.
• produce effectively reasoned and structured responses to a given statement or proposition, which are adequately supported by reference to legal authority;

Transferable and Generic Skills

Having successfully completed this module you will be able to:

• analyse, interpret and evaluate complex material;
• formulate an effective, comprehensible, reasoned and structured argument;
• effectively communicate and present written arguments supported by appropriate evidence, demonstrating an appreciation of academic integrity.

The topics to be considered within the module are, indicatively:

1. Historical and modern uses of the human body and the scandals that followed;

2. Mortuary law and jurisprudence, and the control of burial;

3. Legal nature of burial plots;

4. Exhumation;

5. Difficulties in providing judicial remedies for interference with the human body and body parts;

6. Proprietary approach to the human body and body parts.

The teaching programme comprises 10 x 2 hour weekly seminars.

Teaching methods include:

• Seminars (two-hour weekly seminars) of tutor led discussion structured around suggested preparation for each session to provide you with knowledge and information and to enable you to be critical about that knowledge and information;
• Pre-prepared questions focused on developing your problem solving skills.

Learning activities include:

• Identifying and locating primary and secondary (including electronic) legal sources relevant to the law and the human body;
• Developing your legal skills in identifying, analysing and synthesising a range of legal materials from legislation, case law, policy documents and academic literature to contemporary debates over the law and the human body;
• Directed reading assisted by reading lists;
• Accessing electronic resources in the form of legislation, journals and case materials;
• Researching sources from primary sources of legislation, case law to secondary sources of books, journals and policy papers;
• Reviewing and critically evaluating complex material;
• Developing knowledge of, and ability to explain orally and in writing, the principles of substantive law and key policy objectives surrounding contemporary issues in law and the human body through seminar preparation and discussion and formative assessment;
• Formulating and presenting, in both oral and written form, comprehensible reasoned and structured critical and evaluative argument through seminar preparation and discussion and formative assessment;
• Tackling and solving factual legal problems;
• Participating in constructive oral group discussion and debate;
• Managing tasks within a given time frame.

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Mock Examination

• Assessment Type: Formative
• Feedback: Feedback is provided by the mark awarded supported by written tutor feedback on the School’s formative assessment feedback form. Group feedback (via blackboard and/or in class) is provided, with individual oral tutor feedback provided upon request.
• Final Assessment: No
• Group Work: No

Summative

This is how we’ll formally assess what you have learned in this module.

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

Repeat

An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.