Code | Faculty |
---|---|
04250080 | Faculty of Law |
Credits | Duration |
---|---|
Duration of study: 2 years | Total credits: 200 |
Prof PA Carstens [email protected] | +27 (0)124204067 |
Prof GP Stevens [email protected] | +27 (0)124202717 |
This programme is available for international students.
Closing date for applications: SA applicants – 30 November; non-SA applicants – 31 August.
Unless stated otherwise, the curriculum will generally consist of:
Please contact the Faculty with regard to specific requirements pertaining to the MPhil degree programmes.
Language policy
The medium of instruction will be English. However, should circumstances allow it, an MPhil module may be presented in Afrikaans. The Dean, in consultation with the relevant head of department, determines the language policy.
Period of registration
At the commencement of a particular module students must be registered for that module and attend the lectures. Alternatively, the permission of the programme coordinator or head of the department should be obtained before a student may be allowed to follow a specific module in a another year of study.
Limiting of modules on offer in a particular academic year and availability to foreign students
The Dean determines which modules will be presented each year, taking into consideration the availability of lecturing personnel, space and financial implications and/or other circumstances. The Dean may, on recommendation of the relevant head of department, determine the maximum number of registrations for a specific elective module in terms of the guidelines referred to in paragraph (a). The Dean may also, on recommendation of the relevant head of department, determine that a particular LLM or MPhil module will not be offered where on the first day of lectures four or fewer students are registered for such module.
In the case of foreign students additional requirements may be set by the Dean and the modules available to such students may also be limited.
Replacement of modules
The Dean may on recommendation of the relevant Head of Department allow a student to replace one prescribed /MPhil module for a particular LLM/MPhil programme with another LLM/MPhil module where such an exception is not otherwise permitted, on condition that good cause is shown why such an exception is required.
Credit for modules completed at another institution
The Dean may, on the recommendation of the relevant head of department, credit a student for a maximum of two modules completed at another institution on condition that it complies with the requirements of this Faculty. Where such modules do not bear the same titles as modules offered at this Faculty, modules with substantially the same content as determined by the relevant head of department may be granted credit in their place, or where, in the absence of such closely related modules, modules that are still relevant within the broad ambit of a specific MPhil degree may be granted credit under special codes for the purposes of such a degree. Additional requirements may also be set before any such module will be granted credit in order to ensure compliance with the requirements of this Faculty.
Credit for another degree
Note that with regard to the above paragraphs, credit will not be given for modules which form part of another degree where the student has already complied with the requirements of such a degree. This rule is also applicable in instances where the student is currently also registered for another degree.
Re-registration for modules
A student may not register more than twice for the same module. In order to pass a module the student must obtain a final mark of 50%.
Module content:
(a) Planning and organising a research project
(b) Drafting a research proposal: Hypotheses and research question
(c) Theory in research and methodological approaches to legal research
(d) Language
(e) Citation and ethics of citation
(f) Drafting of chapters and presentation
Module content:
The topics covered include:(a) Historical, philosophical and foundational aspects of medical law and ethics, in general, and with specific reference to the doctor-patient-hospital relationship (b) Basic concepts in medical law and ethics, in general, and with specific reference to informed consent, medical confidentiality, capacity, medical paternalism and patient autonomy. (c) The specific interface between medical law and medical ethics
Module content:
In this module a multidisciplinary approach is adopted and the topics include the following: (a) Justice in the allocation of health resources, access to health care and healthcare insurance (b) The nature, scope and incidences of medical malpractice litigation in South Africa (c) The nature and scope of damages and compensation for medical negligence (d) Grounds of justification for medical interventions and other general defences in medical law (e) The various causes of action in medical malpractice litigation (f) Vulnerable patients (inclusive of children, the mentally Ill/disabled and the elderly) and medical malpractice litigation (g) Allied healthcare practitioners (inclusive of nurses, psychologists, traditional healers etc) and medical malpractice (h) The role of telemedicine and e-health in medical malpractice (i) Reform of medical malpractice law (j) The drafting/assessment of pleadings in context of medical malpractice litigation
Module content:
(a) The student must submit a research proposal during his/her first year of registration for the LLM degree to the supervisor prior to commencing with the writing of the mini-dissertation.
(b) A mini-dissertation (MND 800) of 13 000 to 15 000 words inclusive of footnotes but excluding the list of contents and the bibliography, is required. The mini-dissertation must be submitted to the supervisor not later than August of the second year of registration for the LLM programme. The mini-dissertation must deal with the subject content of one of the modules or a combination of the modules registered for by the student for his/her LLM degree. Any request for an extension of the period for submission of the mini-dissertation may only be granted by the Dean on recommendation of the LLM Committee
Module content:
Development and presentation of a research proposal. (A research proposal must be submitted to the supervisor and accepted in the first semester of the second year of study before the student will be allowed to register for the mini-dissertation.)Module content:
In this module, specific aspects of medico-legal issues are discussed. Specifics topics include: (a) A legal analysis of clinical medical research and practice (b) Analysing the application of mental healthcare law and practice in South Africa (c) The status and application of end-of-life-decisions and living wills (d) A legal analysis of organ procurement and transplantation (e) The nature, scope and application of forensic pathology services, also in context of sexual offences, “unnatural deaths’’ and inquest legislation (f) A legal analysis of human procreation (inclusive of artificial insemination, stem cell research, surrogacy and genetics) (g) Environmental issues and medical law (h) Intellectual property rights and medical law: access to patented and generic medicine
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