Course

Theories of Law and Biology - JURD7449

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 3

Enrolment Requirements:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Excluded: LAWS3149

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This unit explores the emerging complexity of the relation between Law and Biology in the 21th century. It examines the following question: What does the concept "biology" do in legal descriptions of events in the world. Law not just regulates, allows, or limits what can be done or undone biologically but it also defines or alters our philosophical, political or social self-understanding. Both law and biology are meaningful structures which define, diagnose, and create concepts of persons as "nature", "bodies", "organism", "groups" or "life" (to name just a few). "Theories of Law and Biology" aims to provide a historical, analytical, and critical reflection on the legal implications of biological or biologized legalities.
The unit complements other units offered at the law school such as “Legal Theory”, “Law and Social Theory”, and “Theories of Law and Justice”. Similar to these units, “Theories of Law and Biology” emphasizes the theoretical and critical aspects of the topic and relates law to an interdisciplinary field of knowledge and legal practices. The unit also relates to courses such as “Law and Medical Health” or “Intellectual Property Law” which connect law with the biomedical or biotechnological field. The main difference with the theory electives is that “Theories of Law and Biology” takes place in an entirely different context, the field of biology, and that its focus is on theorizing law in the contemporary world where biolegitimacy increasingly takes hold. The difference with the other units is that this unit does not focus on matters of litigation. Instead, it opens up a broader and theoretical horizon both in the ways law itself can be understood and how it is connected to biology and science as a method of thinking and understanding. This connection will be explained through historical, analytical and legal insights and will include reflections on the scientific and ethical questions this relation provokes in the contemporary legal system.
Students wishing to think about law “outside the box" and who are interested in developing a rich theoretical and interdisciplinary perspective on law combining insights from philosophy, biology, technology, sociology, neurology, psychology and ethics will surely enjoy this course. It is recommended that students have some knowledge in legal theory through having taken one of the legal theory prescribed electives before enrolling in this course. No pre-existing knowledge of biology is necessary.

Main Topics

  1. Law and Nature
  2. Biopolitics
  3. Biotechnology
  4. Neurolaw
  5. Sociobiology
  6. Forensics
  7. Criminology

Recommended Prior Knowledge

It is recommended that students have some knowledge in legal theory, through having taken one of the legal theory prescribed electives, before enrolling in this course.

Course Aims

This course provides an introduction and critical overview of a highly relevant emerging and constantly expanding field in which legal thinking is detrimental for the production, limitation or invention of new human practices and self-understanding. "Theories of Law and Biology" will build new connections across disciplines (law, biology, neurology, science studies, philosophy, governance, medical sciences, anthropology, sociology), include findings from a new research project. This course emphasizes several priorities of the Law School such as experimental learning, interdisciplinary, and innovative thinking.

Learning Outcomes

At the conclusion of this course, students should be able to:
  1. Understand the relationship between law and biology from a theoretical, historical, analytical, critical, moral, and interdisciplinary perspective
  2. Apply understanding of the relationship between law and biology in order to evaluate and discuss current problems, definitions and practices in which biology and law interconnect
  3. Critically read, analyze and discuss relations between law and biology
  4. Evaluate and contextualize primary materials in the context of current cases and debates
  5. Demonstrate effective written communication skills by articulating legal concepts clearly, persuasively and appropriately
  6. Apply understanding of the relationship between law and biology to contemporary debates about race and genetics
  7. Demonstrate effective oral communication skills by discussing and debating course concepts in a scholarly, reflective and respectful manner
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