URL study guide

https://studiegids.vu.nl/en/courses/2024-2025/R_BioTL

Course Objective

Biomedical developments radically question the foundations of current legal and ethical ways of thinking. 1) This interdisciplinary course will enable the student to critically reflect upon legal and ethical dimensions of current public debates on the regulation of biomedical technologies; 2) This course will teach the student how to tackle philosophical and legal texts, to come to an understanding of the key concepts and categories within legal regulation of biomedical technologies, and to connect these with various normative ethical theories; 3) Through an examination of the existing legal frameworks surrounding biomedical technologies from the perspectives of law and bioethics against the background of ongoing contemporary political and societal discussions, the student will be trained to integrate ethical reasoning, daily practices and legal rules and regulations into a normative evaluation of these technological developments; 4) Students will be taught to apply legal and philosophical approaches to the analysis of complex societal questions, and to offer a contribution to their possible solution through analysis of legal and ethical governance approaches; 5) In that process, students will be trained to acquire the ability to provide policy recommendations encompassing theoretical and normative considerations as well as the ability to reflect upon the professional responsibility of researchers and practitioners, and incorporate these reflections into the analysis of societal questions; 5) Moreover, the student will be encouraged to take a legally and ethically argued position in scientific debates on current developments in the field of the life sciences through written and oral presentations of a legal and philosophical nature; 6) Finally, the student will reflect upon the professional responsibility of legal, philosophical and (bio)medical researchers and practitioners, and learn to incorporate these reflections into the analysis of societal questions.

Course Content

Central to this course are the fundamental legal-ethical questions that are raised by emerging biomedical technologies. Foundational legal-philosophical notions, such as human dignity, autonomy, justice, freedom and equality, have acquired a renewed meaning and urgency in the light of recent developments within the field of medical biotechnology. Medical biotechnology has enabled us to intervene with the human body and human life in radically new and far-reaching ways. Existing and emerging biomedical technologies, such as human gene editing (e.g. CRISPR), preimplantation genetic diagnosis, gestational surrogacy, organ transplantation, whole genome sequencing and synthetic biology, are confronting jurists and ethicists with new and controversial questions that touch upon the foundations of national and international legal orders. Indeed, the foundational distinctions between, for example, person and thing, life and death, human and animal, and chance and choice, are no longer a natural given, but are increasingly becoming subject to human decision-making. Moreover, the traditional legal image of the person is put to the test. A few examples. Why are women not allowed to sell their egg cells in most European countries? What are the legal limits to human enhancement, and on which thoughts and principles are they based? How should human embryos, frozen egg cells, organs and biological materials be legally qualified: as part of the person, or as the object of property rights? How should the limits of life and death be understood on a legal level, now that these boundaries have become fluid as a consequence of technological developments? How should national governments respond to new forms of medical tourism, such as surrogacy and organ tourism? These and other questions will be examined on three levels: a legal, a philosophical and a social-political level. Firstly, the key concepts and principles will be identified and analysed within the context of current legal regulation of biomedical technologies. In this process, the student will become familiar with the most important ‘biolegal’ frameworks and case-law. Secondly, these notions will be discussed against the background of several philosophical schools of thought, including liberalism, communitarianism, utilitarianism, bioconservatism, transhumanism and posthumanism. Lastly, the practical effects of these legal and philosophical values will be discussed through an examination of recent public and political debates on biomedical issues. As this course explores recent technological developments at the intersection of law, ethics and society, this course fits well in the VU law school's focus on 'law in action'.

Teaching Methods

Lectures and tutorials.

Method of Assessment

Written open-book final exam consisting of essay questions and a mid-term essay assignment (assessment of learning objectives 1-6).

Literature

All literature will be made available through Canvas.

Target Audience

Apart from regular students, the course is also available for:Students from other universities/facultiesExchange studentsContractor (students who pay for one course)

Additional Information

Exit qualifications Student will acquire the following skills and capacities: 1. thorough knowledge and understanding in the field of the theoretical foundation of biomedical law and bioethics; 2. the capacity to think and act independently and in an academic way; 3. the capacity to use his/her knowledge of the discipline in a broader legal, philosophical and social context; 4. the capacity to demonstrate his/her competence both orally and in writing, in expressing, presenting and reporting relevant insights in a clear and succinct way.

Recommended background knowledge

Only students with a either a bachelor’s or master’s degree in law, philosophy, (bio)medical science or any other academic field that is relevant for the subject matter, qualify for this course.
Academic year1/09/2431/08/25
Course level6.00 EC

Language of Tuition

  • English

Study type

  • Master