UCULAW_ dissertation guide 2017 -LLB
UCULAW_ dissertation guide 2017 -LLB
BACHELOR OF LAWS
PROGRAMME
Faculty of Law
2017 Revised Edition
ABOUT THIS GUIDE
This style manual is for the use of Uganda Christian University (UCU) undergraduate
students to assist them in preparing and drafting a Law Dissertation. The guide was adapted from
the UCU Academic Research Manual and Examination Handbook, which details the requirements
for Research Reports, Project Reports, Research Papers, Proposals, Dissertations and Theses
undertaken by UCU undergraduate, graduate and doctoral students. The full Academic Research
Manual may be downloaded at: http://www.ucu.ac.ug/research. Assistance in compiling this guide
was provided by Dr. Patricia R. Johnson, visiting lecturer, UCU Faculty of Law (2012) and Dr.
Anthony C.K. Kakooza, Senior Lecturer and Dean, UCU Faculty of Law (2017).
The purpose of this guide is to facilitate the process of legal research and writing with the
goal to assist the student-researcher in producing a comprehensive, thorough and academically
sound dissertation. The guidelines provided in this document have been broadly tailored to address
the dissertation writing process for law school students at UCU. They do not attempt to address
every unique interest or question related to drafting a dissertation, legally related or otherwise. These
guidelines are not marked in stone and are subject to modification by a student’s supervisor, the law
faculty or the university.
Overview
Few students have had experience writing in the style that a dissertation paper requires.
Writing a good dissertation is a demanding task. Yet, it is an extremely beneficial task to anyone who
is serious about developing a high level of competence in a professional field. This is especially true of
the legal field where research and writing are critical to the day-to-day effectiveness of a lawyer. The
dissertation offers the opportunity to understand and possibly influence positive legal changes within
the Ugandan legal landscape, through a systematic, scholarly, research based process of inquiry and
analysis. For the law student, the process emphasizes the practical and direct application of specialized
legal research principles taught in Research Methodologies and, other courses studied throughout the
four year law school undergraduate program.
The mark of a good dissertation paper is that it is clearly written so that someone knowing
little about the topic can read it, understand it, and, if necessary, implement the same study without
ever speaking with the researcher. In other words, the quality of the research can be determined by
answering the question: “Can another person replicate the research by following the steps of analysis
in the dissertation?” You should therefore write the dissertation with clarity of expression and
adequate and precise coverage of details.
Achieving this ideal requires work. Rarely will a first draft be adequate. Although your
supervisor will return your chapter drafts with suggestions for corrections and improvements, you can
improve the quality of the drafts you hand in by following the guidelines provided within this
document.
A law dissertation requires that the facts are stated in a straightforward manner.
Background information is gathered from past cases, scholarly work, relevant laws and
other legal documents to build the rationale for the present day problem being addressed
by the student’s research.
Comparing and contrasting relevant cases and laws to show gaps in the law, or
the need for other actions;
Investigating the past and present parameters of a particular act as it relates to
the problem under study;
Conducting traditional field-work to collect data to support the researcher’s
argument;
Field-work may be conducted through the distribution of survey instruments,
questionnaires and interviews as appropriate; all names and identifying
information should be kept confidential and codes used when doing field-
work.
The information provided in the law dissertation should be presented, discussed and
analyzed in a logical and sequential manner. Principles related to conducting legal research
should be followed.
Prior to formulating the research question, past and present facts surrounding the problem
need to be thoroughly understood and identified, including identifying sources for all legal
documentation.
As you begin to draft chapters of your dissertation paper, it is important to understand that
what is submitted to your dissertation supervisor is a draft. Each time a written draft is submitted
to your dissertation supervisor, you should expect to receive corrections, recommendations, or
suggestions as a means for improving the quality of the written work.
It is advised that students allow ample time (approximately two weeks to one month)
between submission of a draft for review and comment. Once feedback is received, students should
Deadlines
Students should begin as early as possible to think about possible topics for their
dissertation. It is critically important for students to observe the following deadlines (a) for Research
Methodology course studies (inclusive of interview questionnaires) and (b) for the submission of
their work at each stage of research.
Students must observe all deadlines set by the Faculty of Law for all steps in the dissertation
process.
One of the ways by which the UCU faculty of law attempts to maximize your success in the
law school is through academic support assistance. Your dissertation supervisor is your chief source
of assistance on questions you have related to your dissertation. As you develop your topic, your
research question and hypothesis, your dissertation supervisor will serve to mentor, providing
feedback and support.
Note:
The most important part of the UCU law dissertation support and assistance program is
YOU. You must ask for it. Never, ever allow days or weeks to pass by and allow your
research to grind to a halt because you do not know what to do next.
Contact your dissertation supervisor if you have a question or you run into a problem with
your research.
Typically undergraduate students indicate a preferred supervisor of their project when they
register their writing topics with the law school administrative assistant at the beginning of their
fourth year. Some students may have discussed their chosen topic with the said supervisor prior to
this stage.
Once the registration process is complete, a team of lecturers and the Dean review topics,
and assign students to various supervisors to ensure that each student has adequate support through
the process. Students then meet with their respective supervisors to fine tune topics and begin
drafting the dissertation.
The dissertation should be no more than 50 pages long and not less than 25 pages. Students
may seek a waiver of this requirement with some justification. The paper should include the proper
dissertation format, correct sentence structure, grammar and citations. Remember, students should
seek to adhere to proper citation formats as indicated below. Students should be consistent in the
use of the format throughout the paper.
Following is a template for the title page, and an outline and description of each element
and chapter in the dissertation (Chapters I-V).
Student Name
CHAPTER THREE
LEGAL REGIME GOVERNING……………………
(Analyze international, regional and domestic perspectives -depending on subject of research)
3.0 Introduction
3.1 ……….
3.2 ………..
3.3 ……….
3.4 Conclusion
CHAPTER FOUR
SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS
4.0 Introduction
4.1 Summary of Findings
4.2 Conclusions
4.3 Recommendations
Appendices (This includes a copy of the questionnaire used; list of interviewees, etc)
Discuss the facts that have given rise to the problem you are seeking to address through
your research.
Provide background information on the cases, statutes, regulations, etc., that you are
either comparing and contrasting, or that serve as important anchors upon which your
research is based.
Present the facts surrounding the problem in a logical sequence—as if you are building a
legal argument.
Use appropriate legal citations for all legal documentation.
What is the legal problem you are seeking to address with your research? Your problem
should be presented in the form of a statement.
In a legal dissertation, the research problem may seek to address a problem that the current
statute(s) do not adequately address; may compare and contrast cases or statutes to identify
solutions for a problem in a current context or examine a particular statute or the impact of
a case or cases relevant to a particular body of law, among other avenues of legal inquiry.
This section makes reference to key cases, laws, studies, and or theories that will
inform your study.
Your theoretical framework provides the backdrop for the statement of the problem,
purpose or rationale for the study, your research questions and hypotheses, and your
choice of methods to collect your data (methodology).
Example (1): Current international food safety requirements negatively impact the
development of sustainable emerging agricultural practices for small farmers in Uganda. In
this example, “international food safety requirements represent the independent variable.
Development of sustainable emerging agricultural practices of small farmers in Uganda
represents the dependent variable.
The hypothesis states declaratively how you—the researcher, believe the independent variable
will impact the dependent variable.
NOTE: Not every research study has to have a hypothesis. This is something that you can
present and agree upon with your supervisor.
Definition of Terms [optional]
This section provides a critical analysis of any scholarly work that relates to the major issues
under investigation in your study as guided by the research objectives that you have put
across.
The literature review begins with a brief introduction relating to the purpose of the review. It
is advisable to include sub-sections for each research objective and the associated literature
that you review for your study. The scholarly work that is reviewed includes books, articles
and study reports with relevant information related to your dissertation topic. You highlight
information from such sources that is helpful to your research study. You then conclude
each sub-section with highlights as to the underlying differences between your study and the
work being reviewed. This essential serves the purpose of emphasizing the originality of your
work.
Simply cite scholarly work and studies that are for or against the rule of law or policy that
you are addressing.
Provide just a summary of information or studies you have read or a narrative essay.
Share with the reader the results of other scholarly works and studies that are closely related
to the problem you are exploring.
Using your research objectives, logically presents and analyzes the text books, articles and
study reports relevant to the problem. It builds your argument that an actual problem exists.
By pointing out the gaps in the existing research, it shows the significance for addressing the
problem through your research, and provides - through your analysis - possible solutions to
the problem.
Seeks to compare and contrast scholarly work, studies and perspectives from experts
identified in the literature.
Examine the major issue you are researching (your research question) as if it was made up of
several pieces of broken multi-colored stained glass. The varied shapes and colors of the broken
glass represent different expert opinions, studies, books, articles, etc., surrounding your research
question and hypothesis. As you examine the pieces of glass with the goal of putting them
together in a coherent fashion, you must determine how the pieces fit together. Some of the
pieces may need to be discarded. You will move pieces around to see which pieces look best
next to each other. Only after careful consideration of as many pieces of the glass as you can
feasibly explore, you will then be able to arrange the pieces to fit together into a beautiful
masterpiece of stained glass.
The process of researching and analyzing literature is much like the process described above.
Seek to identify scholarly work and study material that relates and fit within your research topic.
Make sure that they fit together to build your argument/or hypothesis. You should also take
note of how current the material referred to is.
After all is said and done, you should build your argument systematically to prove your
hypothesis and answer your research question by fitting together the literature you have
researched in a beautiful legal body of work.
Introduction
The introduction in the methodology section summarizes how the chapter is organized. It should
include sections that address the legal context and/or research setting (what law or rule is being
examined or where is the research taking place?); data collection strategies; sample characteristics;
instruments (what tools will be used to collect the data), and the data analysis plan.
Instruments
Include this section only if you conducted field work. This section provides an overview of the type
of instrument or surveys you used to collect your data. If you distributed survey instruments then
provide the names of the instruments and the number of questions in the instruments. If you
conducted interviews, provide a brief description of the types of questions you asked (e.g., questions
were related to the participants’ history with the problem), and the number of interview questions
asked of participants. Provide one sample question.
Data Analysis
Include this section only if you conducted field work. If you distributed surveys discuss how you
measured the data you collected or how you derived your answers. Normally, survey instruments
provide information on how the data should be measured and analyzed. If you conducted
interviews, you will need to discuss how you interpreted the answers from the interviews.
Results
The purpose of this section is to discuss how the results of the data support or do not
support your hypothesis. You are expected to synchronize your primary findings with the
existing secondary information that you have discovered and presented in your study.
Explain your results through an overview of the cases and statutes as appropriate that do or
do not support your hypothesis.
Conclusions
The purpose of this section is to critically discuss the results from the chapter in which you have
synchronized your findings with the secondary information. It contains the following sub- headings:
Discussion
Under this sub-heading you discuss your assessment of the results you provided
in the previous chapter.
What is the possible impact of your analysis of the cases and statutes under study?
Limitations of the Study
Identifies potential weaknesses of the study. Think about your analysis, your
instruments, the sample size, possible bias, etc. Mention way(s) in which you have
mitigated against the limitations.
Recommendations for future Research – show that your work can still be relevant in the
future.
Keys to Success
Before writing a draft, develop an outline of the key items to be included in your
dissertation.
Have someone else, preferably someone who is not well informed about the topic read
your draft to see that you have written the draft in an understandable fashion.
The most common errors in legal writing are as follows:
Assessment Criteria:
The dissertation offers the student researcher the opportunity for a substantial research experience.
Unfortunately, students sometimes take the first idea that comes to mind or seems plausible, and
settle on that idea. For the law dissertation this is especially unfortunate, as the researcher may not
have an adequate understanding of the facts and legal issues involved from an initial assessment. It is
important for the legal researcher to explore possible topics from many legal angles before finally
choosing the topic. This is to ensure that the legal issue is viable and that the facts of the case are
known to the fullest extent possible. Uncovering the facts related to legal issues will help to reveal
potential problems for research.
Conducting research:
It is best to begin reading leading treatises in the area (i.e., a formal written work
that extensively deals with a subject area systematically (e.g., Halsbury’s Law
Reports).
Conduct online searches (Westlaw, Lexis, Worldlii.org, Bailii.org, Ulii.org,
Safli.org and others) to identify current information in the subject area.
To begin the process of identifying a topic, think about issues which need a resolution.
Questions to ask:
What is the most glaring problem facing my community, a group of people, or society?
What legal cases have been in the news, have been discussed in class, undertaken by various
legal advocacy groups, etc.?
What issues am I passionate about? Are there legal issues and problems that might be related
to these issues?
After generating several good possibilities, analyze each potential research problem against the
following pre-requisites for problem development:
The problem must be current. That is, there must be evidence that the problem presently
exists. It cannot be something that happened several years ago or that could happen years
from now.
The problem must be manageable. The problem you plan to research cannot be too large to
handle. For instance, a student cannot analyze all of the issues related to land reform or
government corruption. You have a limited time frame in which to complete the dissertation
paper. Seek to make the issue as concise as possible.
After you identify a possible problem for the focus of your research, the next step is the
formulation of a topic statement. A topic statement:
Is usually a single sentence somewhere in your first paragraph (generally the first or second
sentence), that tells your reader what your paper is going to address. The rest of the paper—
A topic statement is the main idea, not the title of your dissertation. It must be a complete
sentence that explains in some detail what you expect to write about in the paper.
A topic statement is narrow, rather than broad.
Broad: The American steel industry has many problems.
Narrow: The primary problem in the American steel industry is the lack of funds to
renovate outdated plants and equipment.
A topic statement has one main point rather than several main points. More than one point
may be too difficult for the reader to understand and the writer to support.
More than one main point: The unemployment laws of Uganda are not adequate to
provide economic stability to the unemployed and have only been recently enacted so that it
is hard to assess their effectiveness.
Citation Examples
C: Article
Author’s Family name, Initial. (Year of Publication) “Title of Article”, Volume Number of
Journal, Name of Journal, Numbers of first and last Pages of Article.
Example:
Jackson, J. (1998) “Dispute Settlement and the WTO: Emerging Problems”, 1 Journal of
International Economic Law 329-351.
Examples:
Lubbe v Cape Plc (No. 2) [2000] 1 W.L.R. 1545 (House of lords, United Kingdom).
Shevill v. Presse Alliance SA, C-68/93 [1995] ECR 1-415 (European Court of Justice).
Quality King Distributors, Inc. v. L’anza Research Intern., Inc., 118 S. Ct. 1125 (1998)
(Supreme Court, United States).
Canada – Term of Patent Protection, AB-2000-7 (2000) WT/DS170/1B/R (World Trade
Organization, Appellate Body)
Note: Further guidance on the citation of United States case law is given by Peter W. Martin
of Cornell Law School in his Introduction to Basic Legal Citation - available online at:
http://www.law.cornell.edu/citation/citation.table.html . Martin’s approach is based on -
The Blue Book: A Uniform System of Citation published by the Harvard Law Review
Association.
G: Website
Provide the full web site address (i.e URL – Universal Resource Locator) and the date visited.
Example:
http://www.consumersinternational.org, visited 20th December 2001.
Use of Abbreviations
Supra = Above. Supra note 9 refers to the work previously cited in note 9.
Infra = Below. Infra note 9 refers to the work cited subsequently in note 9.
Op. Cit.= work already cited
Ibid.= same source as the immediately preceding reference
1. Introduction
- What? Background
- Why? Statement of the Problem
- How?
Significance
Justification
2. Literature Review Scope
- Why
Find a lacuna (hole) - How? Research Question
Objectives of the Study Look for debates and write-ups
3. Methodology
- How? Selection and access
- Why? Human Subjects review
Research design
Research procedures
Kind of data
4. Limitations Collection of data
What if?
Perceived weaknesses
Alternatives
5. Conclusion
What?
How? Chapter Synopsis
Why?
CHAPTER ONE:
- Introduction
- Background
- Statement of the Problem
- Objectives of the Study
- Research questions
- Significance of the Study
- Justification of the Study
- Scope of the Study
- Literature Review See you at the finish line!
- Methodology
- Limitations
- Chapter synopsis
CHAPTER TWO:
Establish/ascertain the non-legal aspects of
the subject matter
CHAPTER THREE:
Analyze/examine/evaluate/assess
the International, Regional &
Domestic perspectives
CHAPTER FOUR:
Summary of findings,
conclusions &
recommendations.
Bibliography
UCU Faculty of Law, Dissertation Guide, p. 29