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Teaching Bioethics From a Legal Perspective

In Advocacy, Arts & Letters, Bioethics, Communication, Creative Writing, Creativity, Humanities, Jurisprudence, Law, Law-and-Literature, Legal Education & Pedagogy, News and Current Events, Pedagogy, Politics, Rhetoric, Rhetoric & Communication, Teaching, Writing on July 6, 2011 at 8:33 pm

Allen Mendenhall

Last fall, I was assigned to teach a course called “Health & Medicine.”  Because I know little about health or medicine, I was concerned.  The subject of the course was writing, so I decided to craft a syllabus to facilitate classroom discussion and textual argument.  Here is the course description as stated on my syllabus:

Forensic discourse is one of three forms of classical rhetoric as defined by Aristotle.  It focuses on the relationship between language and law.  This semester we will explore forensic discourse in the context of health and medicine and consider the relationship of law to such issues as physician assisted suicide, surrogacy, cloning, informed consent, malpractice, and organ transplants.  Readings on ethics and philosophy will inform the way you think about these issues.

Your grade will not depend on how much you learn about law, but on how you use language to argue about and with law.  Because the facts of any case are rarely clear-cut, you will need to understand both sides of every argument.  Your writing assignments will require you to argue on behalf of both plaintiffs and defendants (or prosecutors and defendants) and to rebut the arguments of opposing counsel.  You will develop different tactics for persuading your audience (judges, attorneys, etc.), and you will become skilled in the art of influence.

During the semester, your class will interview one attorney, one judge, and one justice sitting on the Supreme Court of Alabama.

My students came from mostly nursing and pre-medical backgrounds.  A few were science majors of some kind, and at least two were engineering majors.

The students were also at varying stages in their academic progress: some were freshmen, some were sophomores, two were juniors, and at least one was a senior.  Throughout the semester, I was impressed by students’ ability to extract important issues from dense legal readings and articulate complicated reasoning in nuanced and intelligent ways.

I thought about this “Health & Medicine” class this week when I came across this article published by the Brookings Institution.  The title of the article is “The Problems and Possibilities of Modern Genetics: A Paradigm for Social, Ethical, and Political Analysis.”  The authors are Eric Cohen and Robert P. George.   Cohen is editor of The New Atlantis and an adjunct fellow at the Ethics and Public Policy Center.  George is McCormick Professor of Jurisprudence at Princeton University, the director of the James Madison Program in American Ideals & Institutions, and a fellow at the Hoover InstitutionRead the rest of this entry »