UNIVERSITY OF KENT
Confirmation that this version of the module specification has been approved by the School
Graduate Studies Committee:
4th March 2015
MODULE SPECIFICATION
1.
Title of the module
Biotechnology, Bioethics and the Body (LW865)
2.
School which will be responsible for management of the module
Kent Law School
3.
Start date of the module
September 2015
4.
The number of students expected to take the module
c.15
5.
Modules to be withdrawn on the introduction of this proposed module and
consultation with other relevant Schools and Faculties regarding the withdrawal
None
6.
The level of the module (e.g. Certificate [C], Intermediate [I], Honours [H] or
Postgraduate [M])
Postgraduate (M)
7.
The number of credits and the ECTS value which the module represents
20 credits (10 ECTS credits)
8.
Which term(s) the module is to be taught in (or other teaching pattern)
Autumn or Spring Term
9.
Prerequisite and co-requisite modules
None
10. The programmes of study to which the module contributes
Canterbury: LLM in (Specialisation); PG Diploma in (Specialisation); PG Certificate in Law
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11. The intended subject specific learning outcomes
1.
2.
3.
4.
5.
An advanced grounding in concepts, principles and rules associated with: The law
of the body, incorporating perspectives from biotechnology and bioethics.
A systematic understanding of constructions of the body within law, biotechnology
and bioethics, e.g. the treatable body, the genetic body, the addicted body, the
body as a project for enhancement.
Analysis of emerging issues in medical law and ethics in relation to the body, e.g.
body alteration, transhumanist enhancement of the body, the body as the subject
of research. The neuroethics of recreational psychoactive substance use and
cognitive liberty, the body as property in relation to organ transplantation.
A critical awareness of the use of neuroscience to justify law and policy i.e. the
relationship between the brain in neuroimaging and the legal body.
An ability to critically analyse and evaluate legal and regulatory actions taken in
order to constrain autonomy in relation to the legal body.
12. The intended generic learning outcomes
1.
2.
3.
4.
5.
Present relevant knowledge and understanding in the form of reasoned argument
through seminar discussion and written assessment.
Identify and evaluate complex legal and policy problems relevant to the body in
law and ethics.
Carry out independent research from a variety of sources informing a sustained
and detailed argument.
Ability to summarise detailed conceptual material, recognising different positions
that arise in the literature surveyed.
Develop a critical understanding of the tensions surrounding the body in law,
biotechnology and bioethics.
13. A synopsis of the curriculum
The body is a site of contested constructions within law, bioethics and biotechnology. The
legal subject has a presumption of autonomy in various areas of the law such as medical
law and human rights law, but there are significant restrictions upon the legal body. This
module explores some of these in order to analyse and critique the law on the body.
Salient areas each year will include those of contemporary topical interest and legal, ethical
and theoretical significance such as the body as pleasure seeking in recreational drug use
and addiction, the body as incorporating parts with potential social duties in organ
transplantation and research, the body in constructions of mental health and illness, body
alteration, the sexed body and the relationship between the body and the brain as revealed
in neuroscience, i.e. the body as brain.
Students will be challenged to critically examine how different constructions of the body in
biotechnology and bioethics play out in legal arenas. The module will require students to
assess emerging legal, regulatory, and ethical issues raised by tensions between claims to
autonomy and legal restraints upon this. The module will focus on specific framings of the
body in areas such as medical law, mental health law, criminal law and intellectual property
law and the consequences of these.
The essential aims and objectives of the module are to equip students to undertake a
sustained analysis of law and ethics in relation to the body. Students will be asked to
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critically examine constructions of the legal body including topics such as the body as
property, the body as a brain, the body as a site for intentional alteration and the body as
source for, and subject of, experimental research.
14. Indicative Reading List
Students will be provided with comprehensive reading lists. Some sources from these
include:
N Agar, Why is it possible to enhance moral status and why doing so is wrong. Journal of
Medical Ethics 39(2013): 67-74
M. Bresnahan & K. Mahler, ‘Ethical debate over organ donation in the context of brain
death’ Bioethics 24(2010): 54-60.
A Cronin and J Douglas, Directed and conditional deceased organ donations: law and
misconceptions. Medical Law Review 18(2010): 275-301.
J Dubois, The ethics of creating and responding to doubts about death criteria, Journal of
Medicine and Philosophy 35(2010): 365-380
M. Fox and M. Thompson. ‘Foreskin is a feminist issue’ Australian Feminist Studies
24(2009): 195-210.
R Geertz and S Mclean, Meeting the needs of the alcohol dependent: different models in
public health policy in England and New Zealand, Medical Law International 10(2010): 217238.
R Grant et al. Ethical considerations in deep brain stimulation for psychiatric illness. Journal
of Clinical Neuroscience 21(1)(2014): 1-5.
C Halverson, Attitudes of African-American parents about biobank participation. Journal of
Medical Ethics 38(2012): 552-8.
Journal of Medical Ethics 39(2013): special issue on male infant circumcision
Journal of Medical Ethics 30(2013) special issue on elective ventilation: 39(2013)
I Karpin and R Mykitiuk, ‘Going out on a limb: prosthetics, normalcy and disputing the
therapy/enhancement distinction’ Medical Law Review 16(2008): 413-36
R. Mackenzie. The neuroethics of pleasure and addiction in public health strategies: moving
beyond harm reduction: funding the creation of non-addictive drugs and taxonomies of
pleasure’. Neuroethics 4(2)(2010): 103-117.
R. Mackenzie. Reframing the good death: enhancing choice in dying, neuroscience, end of
life research and the potential of psychedelics in palliative care. In M. Freeman and O.
Goodenough, eds., 2009. London: Ashgate, (2009): 239-263.
R Mackenzie, ‘Somatechnics of medico-legal taxonomies: elective amputation and
transableism’ Medical Law Review 16(2008): 390-412.
R. Mackenzie. Feeling good: the ethopolitics of pleasure, psychoactive substance use and
public health and criminal justice system governance: therapeutic jurisprudence and the
drug courts in the United States of America’. Social & Legal Studies 17(4)(2008): 513-533.
R. Mackenzie. Addiction in public health and criminal justice system governance:
neuroscience, enhancement and happiness research. Genomics, Society and Policy
2(2)(2006): 92-109.
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C Mand et al, Predictive genetic testing in minors for late onset conditions. Journal of
Medical Ethics 38(2012): 519-24.
S Morris et al. Rethinking mental disorders: the role of learning and brain plasticity.
Restorative Neurology and Neuroscience 32(1)(2014): 5-23.
Nutt, D., King, L., Nichols, D. Effects of schedule 1 drug laws on neuroscience research and
treatment innovation. Nature Reviews Neuroscience 14(2013): 577-585.
V Ravitsky, Incentives for post-mortem organ donation: cultural factors. Journal of Medical
Ethics 39(2013): 380-381.
J Sandor et al, The case of biobank with the law: a legal and scientific fiction Journal of
Medical Ethics 38(2012): 347-50.
S Tamir, Direct to consumer genetic testing: ethical-legal perspectives and practical
considerations Medical Law Review 18(2010): 213-238.
I Van Hilvoorde, Enhancing disabilities: transhumanism under the veil of inclusion?
Disability and Rehabilitation 32(2010): 2222- 2227.
X Wu, Financial compensation for deceased organ donation in China. Journal of Medical
Ethics 39(2013): 378-379
15. Learning and Teaching Methods, including the nature and number of contact hours
and the total study hours which will be expected of students, and how these relate to
the achievement of the intended module learning outcomes
Learning and Teaching Methods:
 The course will be taught through a combination of lectures and seminars, with two
hours face-to-face teaching each week excluding reading and writing weeks, plus
reading and seminar preparation. Students are expected to present a paper each
week in a way that informs the class and promotes discussion.
 18 hours of seminar time.
 182 hours of independent learning hours (including private study, research, and
assessment).
 The module is allocated 200 study hours.
Achievement of module learning outcomes:
 Seminars will begin with an overview of each topic which draws out specific points of
relevance and key issues in relation to the module’s theoretical framework for
seminar discussion. This will address learning outcomes: 11.1-11.5, 12.1, 12.2 and
12.5.
 Seminars will be designed to enhance student understanding of both the law and the
issues arising from the readings. Seminars will provide space for students to conduct
detailed discussion on the points covered in the seminar readings and in the
seminars, and will make space for students to evaluate the issues in discussion with
their peers. Students’ presentation of the readings in seminars is designed to foster
their ability to present their thoughts clearly, justifying their positions through use of
the materials provided. This will address learning outcomes: 11.1-11.5, 12.1, 12.2,
12.4, and 12.5
 Seminar readings and seminar preparation: Students will be required to undertake
required readings and are expected to undertake further research ahead of
seminars. Seminar questions will be designed to both provide a detailed
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understanding of the legal framework and how this relates to policy and socio-legal
factors. This will address learning outcomes: 11.1-11.5 and 12.1 - 12.5.
 Independent research: Students will be expected to undertake independent research
of appropriate sources. This will address learning outcomes: 12.3 and 12.4.
16. Assessment methods and how these relate to testing achievement of the intended
module learning outcomes
The method of assessment is a written essay of 4,000-5,000 words. Students will be
expected to use both materials provided on the course and undertake independent
research of appropriate sources, providing a well-structured and reasoned analysis of a
particular topic or topics. Students should be able to demonstrate a strong understanding of
the subject matter using the theoretical tools developed on the course. This will address
learning outcomes: 11.1-11.5 and 12.1-12.5.
17. Implications for learning resources, including staff, library, IT and space
No significant implications for learning resources other than purchase of important new
material as it is published, as materials to be used already available in the library and
electronically.
18. The School recognises and has embedded the expectations of current disability
equality legislation, and supports students with a declared disability or special
educational need in its teaching. Within this module we will make reasonable
adjustments wherever necessary, including additional or substitute materials,
teaching modes or assessment methods for students who have declared and
discussed their learning support needs. Arrangements for students with declared
disabilities will be made on an individual basis, in consultation with the University’s
disability/dyslexia support service, and specialist support will be provided where
needed.
19. Campus(es) or Centre(s) where module will be delivered:
Canterbury
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