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Undergraduate Laws
Dissertation
LA3200
Academic direction by:

Birkbeck
King’s College London
The London School of Economics

and Political Science
Queen Mary
SOAS
london.ac.uk/llb UCL
Dissertation
Beverley Brown
Laura Lammasniemi
This module guide was prepared for the University of London by:
u Dr Beverley Brown, Associate Lecturer, Birkbeck School of Law, University of

London.
The 2016, 2017, 2018, 2020 and 2022 updates were prepared by:
u Dr Laura Lammasniemi, LLB (Hons), LLM, PhD, AFHEA, Associate Professor, School of
Law, University of Warwick.
u Professor Adam Gearey was responsible for Chapter 14.
This is one of a series of module guides published by the University. We regret that owing to
pressure of work the authors are unable to enter into any correspondence relating to, or arising
from, the guide.
University of London
Publications Office
Stewart House
32 Russell Square
London WC1B 5DN
United Kingdom
london.ac.uk
Published by: University of London

© University of London 2017, reprinted with revisions in 2018, 2020 and 2022
The University of London asserts copyright over all material in this module guide except where otherwise indicated.
All rights reserved. No part of this work may be reproduced in any form, or by any means, without permission in
writing from the publisher. We make every effort to respect copyright. If you think we have inadvertently used your
copyright material, please let us know.
Dissertation Contents page i
Contents
Module descriptor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v
1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.1 Formal matters in a nutshell . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.2 The Laws Dissertation guide . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.3 Structure of the Laws Dissertation guide . . . . . . . . . . . . . . . . . . . 4
1.4 Learning activities and the importance of self-evaluation . . . . . . . . . . 5
1.5 Laws VLE, Online Library and other useful materials . . . . . . . . . . . . . 6
2 Formal matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2.1 Module code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2.2 Entry requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2.3 Areas available for research . . . . . . . . . . . . . . . . . . . . . . . . 11
2.4 Research proposal – how and when to submit . . . . . . . . . . . . . . . 11
2.5 Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2.6 Summary of the deadlines for the year . . . . . . . . . . . . . . . . . . . 12
3 What is a dissertation? . . . . . . . . . . . . . . . . . . . . . . . . . 13
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3.1 Research as a ‘process’ and a ‘product’ . . . . . . . . . . . . . . . . . . . 15
3.2 What is a dissertation? . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
3.3 Independent research and originality . . . . . . . . . . . . . . . . . . . 19
4 Looking for a topic . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
4.1 Where do research topics come from? . . . . . . . . . . . . . . . . . . . 24
4.2 ‘Something new’ as a source of inspiration . . . . . . . . . . . . . . . . . 25
4.3 Other areas to explore for inspiration . . . . . . . . . . . . . . . . . . . 27
4.4 Your module materials as a source of inspiration . . . . . . . . . . . . . . 28
4.5 Academic readings as a source of inspiration . . . . . . . . . . . . . . . . 28
4.6 Initial decision factors to consider . . . . . . . . . . . . . . . . . . . . . 30
4.7 Writing down your topic(s) . . . . . . . . . . . . . . . . . . . . . . . . . 31
5 Finding the question . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
5.1 Moving from a topic to a question . . . . . . . . . . . . . . . . . . . . . 35
5.2 Clarifying your potential research question . . . . . . . . . . . . . . . . 36
5.3 Identifying the principal issues for research . . . . . . . . . . . . . . . . 38
5.4 Law reform examples . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
5.5 Research viability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
5.6 The scope of research . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
5.7 Assess the strength of the question . . . . . . . . . . . . . . . . . . . . . 42
5.8 Tools for self-evaluation: your question . . . . . . . . . . . . . . . . . . . 45
page ii University of London
6 Creating a proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
6.1 How to write a proposal . . . . . . . . . . . . . . . . . . . . . . . . . . 49
6.2 Examples of good proposals . . . . . . . . . . . . . . . . . . . . . . . . 50
6.3 Tools for self-evaluation and proposal marking guidelines . . . . . . . . . 57
6.4 Guidance on proposal resubmissions . . . . . . . . . . . . . . . . . . . 58
7 Working effectively . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
7.1 Working effectively . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
7.2 Time management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
7.3 Micro-planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
7.4 Flexibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
7.5 Reflecting on your personal work style . . . . . . . . . . . . . . . . . . . 67
8 Methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
8.1 Introducing methodology . . . . . . . . . . . . . . . . . . . . . . . . . 73
8.2 Black-letter or doctrinal research . . . . . . . . . . . . . . . . . . . . . . 74
8.3 Socio-legal research . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
8.4 Theoretical perspectives as ‘methodologies’ . . . . . . . . . . . . . . . . 78
8.5 Reflexivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
8.6 Learning activities and tools for self-evaluation . . . . . . . . . . . . . . . 81
9 Research I: using the Online Library resources . . . . . . . . . . . . . 83

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
9.1 Bookmark these websites . . . . . . . . . . . . . . . . . . . . . . . . . 85
9.2 Preliminary considerations . . . . . . . . . . . . . . . . . . . . . . . . . 86
9.3 Useful sites for legal current events and news . . . . . . . . . . . . . . . 87
9.4 Useful sites for legislation . . . . . . . . . . . . . . . . . . . . . . . . . 87
9.5 Useful sites for academic research and academic journals . . . . . . . . . 88
9.6 Advanced searching . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
10 Research II: researching in the digital age . . . . . . . . . . . . . . . . 93

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
10.1 How students look for information . . . . . . . . . . . . . . . . . . . . . 95
10.2 Information overload and how to overcome it . . . . . . . . . . . . . . . 96
10.3 Research as ‘information seeking’ . . . . . . . . . . . . . . . . . . . . . 98
10.4 Google: friend or fallacy? . . . . . . . . . . . . . . . . . . . . . . . . . 100
10.5 Organising files, notes and records . . . . . . . . . . . . . . . . . . . . 101
11 Research III: research journal and example journal . . . . . . . . . . 103

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
11.1 What is a research journal? . . . . . . . . . . . . . . . . . . . . . . . . 105
11.2 Different ways to utilise a research journal . . . . . . . . . . . . . . . . 105
11.3 Imaginary research journal example . . . . . . . . . . . . . . . . . . . 107
12 Quick reading skills . . . . . . . . . . . . . . . . . . . . . . . . . . 111

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
12.1 Searching and reading . . . . . . . . . . . . . . . . . . . . . . . . . . 113
12.2 How not to read . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
12.3 Reading for purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Dissertation Contents page iii
12.4 Quick reading techniques . . . . . . . . . . . . . . . . . . . . . . . . 115
12.5 Surface information . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
12.6 Reading texts superficially . . . . . . . . . . . . . . . . . . . . . . . . 120
12.7 Thinking about what is making a text difficult to read . . . . . . . . . . 122
13 Grasping ‘the literature’ . . . . . . . . . . . . . . . . . . . . . . . . 123

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
13.1 What is the relevant literature? . . . . . . . . . . . . . . . . . . . . . . 125
13.2 Making the literature your own . . . . . . . . . . . . . . . . . . . . . . 126
13.3 Making active use of the literature . . . . . . . . . . . . . . . . . . . . 129
14 Critical thinking . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
14.1 What does critical thinking mean? . . . . . . . . . . . . . . . . . . . . 133
14.2 Example 1 – The ends of law . . . . . . . . . . . . . . . . . . . . . . . . 133
14.3 Example 2 – Human rights and Europe . . . . . . . . . . . . . . . . . . 134
14.4 Example 3 – Trust or contract? . . . . . . . . . . . . . . . . . . . . . . . 135
14.5 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
15 Working with a supervisor . . . . . . . . . . . . . . . . . . . . . . . 139

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
15.1 Defining roles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
15.2 Normal meeting structures . . . . . . . . . . . . . . . . . . . . . . . . 143
15.3 A supervision code of practice or guidelines . . . . . . . . . . . . . . . 144
15.4 Working with a critical friend . . . . . . . . . . . . . . . . . . . . . . . 146
15.5 Questions for critical friend/self-evaluation . . . . . . . . . . . . . . . . 147
16 Referencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
16.1 Why is referencing important? . . . . . . . . . . . . . . . . . . . . . . 151
16.2 Plagiarism and academic offences . . . . . . . . . . . . . . . . . . . . 151
16.3 How to reference using OSCOLA . . . . . . . . . . . . . . . . . . . . . . 153
16.4 OSCOLA and dissertations – common mistakes . . . . . . . . . . . . . . 155
16.5 How to reference using Harvard . . . . . . . . . . . . . . . . . . . . . . 156
16.6 Harvard and dissertations – quotations and references . . . . . . . . . . 157
16.7 Test your knowledge of OSCOLA and Harvard . . . . . . . . . . . . . . . 158
17 Preparing to submit/submission checklist . . . . . . . . . . . . . . . 163

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
17.1 Editing your dissertation . . . . . . . . . . . . . . . . . . . . . . . . . 165
17.2 Layout of the final dissertation . . . . . . . . . . . . . . . . . . . . . . 165
17.3 Learning outcomes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
17.4 Stepped marking scheme with grade band descriptors . . . . . . . . . . 172
17.5 Final checklist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
18 Viva . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
18.1 What is a viva? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
18.2 How to prepare for a viva . . . . . . . . . . . . . . . . . . . . . . . . . 177
18.3 At the viva . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
page iv University of London
Notes
Dissertation page v
Module descriptor
GENERAL INFORMATION
Module title
Laws Dissertation
Module code
LA3200
Module level
6
Contact email
The Undergraduate Laws Programme courses are run in collaboration with the
University of London. Enquiries may be made via the Student Advice Centre at:
https://sid.london.ac.uk
Credit value
30
Courses on which this module is offered

LLB
Module prerequisite
This module is only available to students who have successfully completed 180 credits
and achieved an average overall mark equivalent to a 2:2 classification. An exception
will apply to Graduate Entry students who have passed 120 credits in their first year of
registration and who, in a subsequent year, register for 150 credits.
Notional study time

300 hours
MODULE PURPOSE AND OVERVIEW

The module provides students with the opportunity to undertake a piece of in-depth
research on a topic chosen by them. Research for the dissertation may be on a topic
in a previously or concurrently studied law module area in the Undergraduate Laws
Programme not otherwise treated in depth in the normal course of studies.
MODULE AIM
The module provides an opportunity to undertake in-depth legal/socio-legal research.
Students design their own research question and submit a proposal online on a
topic from a module they have not previously (or concurrently) studied in depth
on the Undergraduate Laws Programme. In developing their dissertations, students
will identify a research topic, and design and compose a viable research proposal
for a 10,000-word dissertation. Remember that there is a strict 10 per cent leeway
on the dissertation word count and that the marker will not read nor include any
work after the maximum word limit has been reached within the allocation of
marks. It is therefore important to frame your questions in a way that they can be
answered within 10,000 words. This module requires students to take a high degree
of responsibility for the learning process and will expect them to manage their own
learning, reflect on it critically, and seek and use constructive feedback.
page vi University of London
LEARNING OUTCOMES: KNOWLEDGE

Students completing this module are expected to have knowledge and understanding
of the main concepts and principles of their area of research. In particular, they should
be able to:
u Identify a research topic and write a research proposal;
u Explain the methodological basis employed in their research;
u Demonstrate technical proficiency in the techniques of data acquisition and

analysis;
u Plan, structure and write a 10,000 word dissertation on a chosen subject. There is a
10 per cent leeway on the word limit (i.e. ±1,000 words). The marker will not read
nor include any work after the maximum word limit has been reached within the
allocation of marks.
LEARNING OUTCOMES: SKILLS

On completion of this module students should be able to:
u Identify and employ a broad range of primary and secondary sources relevant to
their topic area;
u Assess the arguments of primary source materials against relevant secondary

studies;
u Critically evaluate different interpretations;
u Synthesise relevant doctrinal and policy issues in relation to the topic;
u Construct conclusions in a clear, logically structured, analytical and independently

argued piece of work;
u Plan and manage their own learning.
BENCHMARK FOR LEARNING OUTCOMES

Quality Assurance Agency (QAA) benchmark statement for Law 2019.
MODULE SYLLABUS
Research for the dissertation may be on a topic in a previously or concurrently studied
law module area not otherwise treated in depth in the normal course of studies.
LEARNING AND TEACHING
Module guide
Module guides are the students’ primary learning resource and support. The module
guide provides the student with the grounding to complete the module successfully.
The guide sets out the learning outcomes that must be achieved as well as providing
advice on how to study the module. The guide also includes the essential reading
and a series of self-test activities, designed to enable students to develop their
understanding and research skills.
The Laws Virtual Learning Environment
The Laws VLE provides one centralised location where the following resources are
provided:
u a module page with news and updates, provided by legal academics associated
with the Laws Programme;
u a complete version of the module guide and relevant templates;
u discussion forums where students can debate and interact with other students;
Dissertation page vii
The Online Library

The Online Library provides access to:
u the professional legal databases LexisLibrary and Westlaw;
u cases and up-to-date statutes;
u key academic law journals;
u law reports;
u links to important websites
ASSESSMENT
The dissertation option will be examined by:
a) electronic submission of a 10,000-word dissertation;
b) A certain number of students may be asked to participate in a viva (oral

examination) where marks are borderline or where there are concerns about
academic misconduct.
page viii University of London
Notes
Part I
1 Introduction
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.1 Formal matters in a nutshell . . . . . . . . . . . . . . . . . . . . . . . 3
1.2 The Laws Dissertation guide . . . . . . . . . . . . . . . . . . . . . . . 4
1.3 Structure of the Laws Dissertation guide . . . . . . . . . . . . . . . . . 4
1.4 Learning activities and the importance of self-evaluation . . . . . . . . . 5
1.5 Laws VLE, Online Library and other useful materials . . . . . . . . . . . . 6

page 2 University of London
Introduction
Welcome to your Laws Dissertation research! You are probably asking yourself some –
or all – of the following questions.
u What exactly is a dissertation?
u What is expected of me?
u How should I use this guide and the other materials on the Laws Dissertation VLE?
This introduction aims to answers these questions, and the guide will help you
complete your dissertation every step of the way.
Undertaking a dissertation offers you a wonderful opportunity to engage in

independent research. You can explore ideas and pursue arguments. You will be
tracking down material (evidence) to support your arguments – and see what you can
do to take on counter-arguments. You can pursue legal or socio-legal research. Above
all, a dissertation offers you the chance to ‘spread your wings and fly’, to make use of
all that you have learned so far and go beyond that to see what you can do yourself.
Dissertation research should be a pleasurable and interesting experience. It is also

challenging. Conducting independent research means that you have a great deal of
freedom and responsibility in determining what your research will be and how you
carry it out. You will be working beyond the world of prescribed readings and tasks
and making key decisions for yourself.
What will you do in the next year?
1. You will choose the topic for research; you will design the
research and formulate your research question – and submit a
research proposal to the University.
2. You will then conduct the research that you have designed.
3. You will present your research in a 10,000-word

written dissertation, sustaining an overall line of
argument that offers a reasoned and evidenced answer
to your initial research question.
This guide is structured to help you complete each of these stages.
What will dissertation research be like?

What have students said about writing dissertations in the past?
‘The dissertation has made me seek a wider range of sources of information than other
modules where one can find much of the information in textbooks. So this module was
more challenging but also more fulfilling.’
‘This was an invaluable experience. I felt that I had gained a kind of specialism in the area.
I am pleased that my work was not descriptive but mainly analytical and critical.’
‘Doing the dissertation has been of great help to me. I have especially learned that as
an independent learner you have to manage time and prioritise your work. Organised
students don’t face difficulties.’
(quoted in Salter and Mason 2007: 6–7)

Dissertation Part I 1 Introduction page 3
You will be extending your research skills and powers of analysis, gaining in-depth
knowledge and understanding of a particular area of law. You will be using a wide
range of sources, that you identify yourself, and your work will go well beyond simply
describing.
At the same time, undertaking a dissertation requires careful thought, planning and
reflection.
How well you deal with these challenges will determine the success of your
dissertation and – although you may not think so at the start – should become part of
the enjoyment of conducting and presenting independent research.
However, independent research does not mean that you are all on your own.† The †
If you are at an independent
purpose of this Laws Dissertation guide and VLE is to offer you support in the key teaching institution, you
aspects of your dissertation. Between them they provide: may be able to consult a
supervisor. See Chapter 15
u academic guidance to take you through the research and writing processes
‘Working with a supervisor.’
u administrative information on the University’s formal requirements and
procedures
u practical guidance on planning, time management and pragmatic reflection on

your progress.
1.1 Formal matters in a nutshell

Dates to put in your diary now:
1 September: Proposal submission

Deadlines
deadline
30 September: Resubmission of
proposal if revisions needed
1 May: Dissertation submission

deadline
See Chapter 2 for a fuller account of formal matters. The current Regulations should be
your ultimate point of reference.
Research for the Laws Dissertation module option may be on a topic in a previously
or concurrently studied law subject from the Undergraduate Laws programme. Your
research question must be on a topic that is not covered in depth in the subject
materials. The research proposal, explained in Chapters 4 and 5, must contain an actual
research question.
Unlike all other courses that you have undertaken, there is an important deadline in
September. You must submit a research proposal by 1 September of the year of study.
The research proposal is to be submitted electronically on the Laws VLE Dissertation

page, using the template provided. See the VLE for the template and instructions on
uploading.
The dissertation is due on 1 May, to be submitted electronically on the Laws VLE

Dissertation page.
1.2 The Laws Dissertation guide

The overall purpose of this guide is to help you to become an independent researcher.
It provides a step-by-step framework, from beginning to think about your project to
actually doing the research and presenting it in written form.
This guide addresses you as a responsible adult. The entry conditions to the module
mean that you will be in your final year of study; in other words, you have already
succeeded in a significant achievement and have some experience to draw upon. Also,
you will have undertaken the research activities in Legal system and method. You
may have already completed a degree, or even a dissertation in a different field, and so
have wider academic experience.
You will be free to research in your own way. Frequently, this guide will offer you a
variety of possibilities or suggestions that you might find helpful and want to adopt.
Sometimes the guidance will be put: ‘We very strongly recommend’ or ‘We very
strongly advise’. (For example, we very strongly advise you to keep a research journal.)
This means that it will be very much to your advantage to follow the guidance.
However, it is ultimately up to you to decide whether to follow it.
Some of the chapters in this guide are written with the presumption that the reader
knows nothing about the issues discussed in that chapter. Please do not be insulted.
Students in the Laws Programme come from immensely diverse backgrounds and
distance learning does not give the same control over student skills induction as
on-campus teaching. Some institutions encourage rote learning and model answers:
students who have studied at such an institution will have a steep learning curve in
undertaking dissertation research.
Another reason for providing some ‘zero presumption’ chapters is that broader
educational research indicates that student skills are ‘patchy’ (i.e. heterogeneous or
mixed). Students may be highly competent in one area and yet show surprisingly low
competence in another. Use of the internet is a key example. Students often display
highly sophisticated IT skills in the social and entertainment aspects of the internet
and yet very limited competence in the academic equivalents. This guide tries to cater
for the full spectrum of skills.
Other chapters, by contrast, are not written in such a basic ‘how to’ form. In chapters
such as ‘Critical thinking’ you will be asked to stand back and consider some general
issues and think about problems. You will need to be reflective in conducting your
research.
Finally, this guide – and the examiners – will take into account the fact that
International Programmes students have limited access to some types of resources,
particularly a well-stocked legal research ‘land’ library. However, for that same reason,
we expect you to make full use of the University’s Online Library (see Part II of the
guide for further information on the research).
1.3 Structure of the Laws Dissertation guide

The guide is structured to take you through the stages of research for the dissertation.
1.3.1 Orientation
This opening section, ‘Orientation’, provides general guidance and information that
you need at the outset to think about the project overall.
The term ‘orientation’ is often used in relation to finding your way in physical
surroundings, ‘to discover your position in relation to your surroundings: “If you
get lost while you are out walking, try to use the sun to orientate yourself”’ (http://
dictionary.cambridge.org). How can you locate yourself in relation to the new context
of undertaking a dissertation? This section of the guide (Chapters 1 and 2) offers an
overall map of dissertation work and guidance on how to get your bearings.
Chapter 2 ‘Formal matters’ covers the University’s requirements and procedures

for the Laws Dissertation option and the related issues concerning the Laws Skills
Portfolio. It is intended as a ‘one stop’ point of reference on regulatory matters. You
should read it at the start to be clear about what you are required to do – and when.
Build University deadlines into your planning.
1.3.2 Part I: Creating a proposal and research design

The design phase is when you work towards producing a viable research proposal. Part
I takes you through all the issues as you work from looking for a topic to constructing a
well-formulated research question and the full research proposal (due 1 September of
the year of study). It begins with general guidance on dissertation writing (Chapter 3)
but it also includes practical advice on how to find suitable topic(s) (Chapter 4),
examples of research questions (Chapter 5), and proposals and tools for you to
evaluate your proposal (Chapter 6).
1.3.3 Part II: Conducting research and writing critically

The second part of the guide assists you in conducting research. At University of
London, we ask you to only conduct library-based research and not to engage
in empirical research due to ethical considerations. It includes a combination of
‘how to’ advice and more complex sections that engage with critical thinking. The
focus here (Chapters 8 to 11) is on research: what are legal methodologies, what suits
your research and how to conduct research in the digital era. It also includes chapters
on processing literature (Chapters 12 to 13) and on critical thinking (Chapter 14). You
might have undertaken your studies entirely independently or sought tutoring from
a study centre; your study centre might also offer dissertation supervision. The final
chapter (Chapter 15) offers advice on how to work with a supervisor – or if working
independently, how to engage with a critical friend.
1.3.4 Part III: Practical guidance for submission

The final part, Part III, offers you practice guidance for submission. How to reference,
templates for putting the proposal together and finally preparing for your viva. Some
students will be asked to participate in a viva to talk about their dissertation. Chapter
18 explains what a viva is and how to prepare for one.
1.4 Learning activities and the importance of self-evaluation

This guide contains a number of exercises and learning activities throughout.
Unlike exercises you have come across in your other modules, these activities do
not test your knowledge or memory. These exercises are designed to deepen your
understanding of the process of research design and process. There are learning
activities that specifically help you to strengthen your research question, improve
your proposal, etc. Some of the exercises are labelled ‘tools for self-evaluation’ – it is
very important that you complete these!
Some of you might be working with a supervisor or enlist the help of a critical friend
(discussed in Chapter 15) whereas others are working without such assistance. The
tools for self-evaluation are designed to help you to monitor your progress and to
assist with the editing process whether you are completing your dissertation under
supervision or by yourself. Dissertation ‘writing’ is always more about editing than
writing; the tools for self-evaluation will give you specific questions to focus on in
your editing process. For instance, they will help you to evaluate the strength of your
proposal before you submit and give you pointers on what the examiners will be
looking for. They will help you to reflect on your work and ultimately to improve it.
Read more on the importance of self-evaluation on improving grades at:

www.reading.ac.uk/engageinassessment/peer-and-self-assessment/self-assessment/
eia-self-assessment.aspx
1.5 Laws VLE, Online Library and other useful materials
1.5.1 The Laws Dissertation VLE

When you register for the Laws Dissertation you will find a wide range of resources
on the VLE to help you. This guide and the Dissertation area of the VLE should be your
primary materials. There are more materials on the VLE to help with your progress,
such as sample proposals. Also, do not forget about the Discussion forum and
peer-support!
The most important links for your research are available through the VLE and the
Online Library.
u The Online Library is available at:

http://onlinelibrary.london.ac.uk/
u The UG Laws gateway is available at:

http://onlinelibrary.london.ac.uk/programme/laws-ug
u The Nutshell Guide for Laws is available at: http://onlinelibrary.london.ac.uk/sites/

default/files/files/nutshell-guide/laws-nutshell.pdf
You can find online books, legal databases – and good advice through the Online
Library. So before turning to Google, explore the Online Library and all resources at
your disposal. You might be surprised by the breadth of e-books available – or how
helpful the librarians are. In particular, remember that the Online Library has an Online
Library Enquiry Service that includes a live Chat function and other forms of getting in
touch outside Chat hours.
Although there are many books available for students conducting research projects
and dissertations, including a small number on legal research, there is no single book
suitable for adoption for the Laws Dissertation. This guide in effect is your book on
the matter and contains all the information you need to successfully complete the
dissertation.
Your reading will focus on your chosen subject matter and you will have to research
and read extensively on your topic. If you do want to consult a book, here are few
recommendations:
¢ Clinch, P. Using a law library: a student’s guide to legal research skills. (Oxford:
Oxford University Press, 2001) second edition [ISBN 9781841740294]. Especially
Chapter 7 ‘Extra-legal sources’ and Chapter 8 ‘Commentary on the law’; see also
Chapter 19 ‘Recording and presenting research findings’.
¢ Kumar, R. Research methodology: a step-by-step guide for beginners. (London:

Sage, 2019) fifth edition [ISBN 9781526449900].
¢ Knowles, J. Effective legal research. (London: Sweet & Maxwell, 2016) fourth
edition [ISBN 9780414052215]. Especially Chapter 7 ‘How to find information on a
subject’.
¢ Lammasniemi, L. Law dissertations: a step-by-step guide. (London: Routledge

2022) second edition [ISBN 9780367568771].
¢ Levin, P. Excellent dissertations! (London: Open University Press, 2011) second

edition [ISBN 9780335238613].
¢ McConville, M. and W.H. Chui (eds) Research methods for law. (Edinburgh:
Edinburgh University Press, 2017) second edition [ISBN 9780748633586]
(available in VLeBooks via the Online Library).
¢ Salter, M. and J. Mason Writing law dissertations: an introduction and guide to

the conduct of legal research. (Harlow: Pearson, 2007) [ISBN 9780582894358]
(available in VLeBooks via the Online Library).
¢ Webley, L. Legal writing. (London: Routledge, 2016) fourth edition

[ISBN 9781138840683]. You might have an earlier edition of this book which is
fine; Chapter 4 deals with extended essays and dissertations.
1.5.2 Websites with useful guidance on dissertation research and writing

You are encouraged to use many of the websites that support student dissertation
research – mainly the Laws VLE and Online Library. Please note, if you are consulting
websites, that they are often aimed at Masters-level or PhD-level students. This
means that you need to filter out some of the advice, which is not appropriate
to undergraduate dissertations. In addition, you will find links to these sites as
appropriate throughout this guide.
Research advice
u King, C. How to write a research paper Georgetown University
u Information Literacy Resource Bank
u London School of Economics: How do you define a research proposal?
u Research 101: Using a topic to generate questions
Referencing
u Oxford Standard for Citation of Legal Authorities
u OSCOLA (fourth edition) full guide
References
¢ Salter, M. and J. Mason Writing law dissertations: an introduction and guide to the
conduct of legal research. (Harlow: Pearson, 2007) [ISBN 9780582894358].
Notes
2 Formal matters
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2.1 Module code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2.2 Entry requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2.3 Areas available for research . . . . . . . . . . . . . . . . . . . . . . . 11
2.4 Research proposal – how and when to submit . . . . . . . . . . . . . . 11
2.5 Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2.6 Summary of the deadlines for the year . . . . . . . . . . . . . . . . . . 12

Introduction
This chapter explains the key regulatory issues around the Dissertation module;
who can undertake the Dissertation module and when you must complete different
components.
Dissertation Part I 2 Formal matters page 11
2.1 Module code

The module code for the Dissertation option is LA3200.
2.2 Entry requirements

The Dissertation option is available only to students who:
u have successfully completed 180 credits and achieved an average overall mark
equivalent to a 2:2 classification.
An exception will apply to Graduate Entry students who have passed 120 credits in
their first year of registration and who, in a subsequent year, register for 150 credits.
2.3 Areas available for research

Research for the Laws Dissertation may be on a topic from a previously or concurrently
studied law subject in the Undergraduate Laws programme. The topic must be one
that has not been covered in depth in the module materials for that subject. In other
words – your research needs to go beyond the materials in the module guides.
2.4 Research proposal – how and when to submit

A research proposal for your dissertation must be submitted by 1 September of the
year of study. It must be submitted in electronic form on the Laws Dissertation page
on the VLE, where you will find the template and instructions on how to upload your
proposal. You will receive a response from the University in electronic form (an email
sent to your registered email address).
See Chapters 5 and 6 for practical advice and academic guidance on how to create a
proposal.
Proposals are distributed to examiners according to area of interest. There is a

feedback template that the examiners use to record their comments and whether the
proposals are accepted, need to be resubmitted or rejected.
Students who are invited to resubmit must do so by 30 September. Only one

resubmission of the research proposal will be permitted. If the response is ‘approved’,
the student may continue. It is very important you take the feedback on board before
continuing with your research.
2.5 Assessment
Assessment consists of:
u 10,000-word dissertation must be submitted to the University in electronic

form by 1 May in the academic year in which the module is being taken. Note
that there is a 10 per cent leeway on the word limit (i.e. ±1,000 words). The
marker will not read nor include any work after the maximum word limit has been
reached within the allocation of marks. The 10,000 words does not include the
bibliography.
There is no written examination for the Dissertation module. Instead, a certain

number of students may be asked to participate in a viva (oral examination) where
marks are borderline or where there are concerns about academic misconduct.
The Dissertation is a module option and hence the mark received contributes to the
final degree classification.
2.5.1 Failing the module

Where a student receives the result of ‘fail’:
u for the dissertation viva, they will be deemed to have failed the module
u for the dissertation element only, and the mark is not less than 30 per cent,
they may submit a revised version of the dissertation by the date specified in the
response from the University.
Where a student fails the module and chooses to retake, a different research topic
and research question, with a new research proposal, must be submitted.
The maximum number of attempts is three.
2.6 Summary of the deadlines for the year
1 September: Proposal submission

Deadlines
deadline
30 September: Resubmission of
proposal if revisions needed
1 May: Dissertation submission

deadline
3 What is a dissertation?
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3.1 Research as a ‘process’ and a ‘product’ . . . . . . . . . . . . . . . . . . 15
3.2 What is a dissertation? . . . . . . . . . . . . . . . . . . . . . . . . . . 16
3.3 Independent research and originality . . . . . . . . . . . . . . . . . . 19

Introduction
The previous chapters have focused on formal matters; what is expected of you and
what the deadlines are. This chapter goes deeper into explaining what a dissertation
is. The chapter discusses what the dissertation writing process is, and what you should
hopefully get out of it. It also explains important writing-related issues such as having
a clear argument and basic guidance on structure. These are things we will elaborate
later in the guide but this part focuses on the building blocks of a dissertation and how
it differs from an essay.
Dissertation Part I 3 What is a dissertation? page 15
3.1 Research as a ‘process’ and a ‘product’

There are three phases of research and they are dealt with in Part I, Part II and Part III of
this guide respectively as explained in the introduction. These phases are:
1. Creating a proposal (culminating in proposal submission: 1 September).
2. Conducting research.
3. Presenting your research /preparing for submission (culminating in dissertation

submission: 1 May).
This chapter focuses on explaining what a dissertation is, and the process of writing
one. Research, it is sometimes said, involves two aspects.
The actual
process of
researching. The end product of
research presented
in written form.
On the one hand, you will be doing research: discovering, identifying and tracking
down relevant material – posing questions and looking for answers. First you will
design your research and then you will conduct it.
On the other hand, you will also be presenting your research in writing. First, you will
need to present a research proposal based on your research design (by 1 September).
Then, at the end, you will present your written dissertation (by 1 May) in which you
will put together all that you have been working on and present it in an argued and
structured form.
The term ‘research’ is often used to describe either or both of these, which can be
confusing. The process of researching leads to the end product.
Peter Levin calls this a ‘twin track’ process. He writes:
In creating a dissertation, you have two things to do. You must:
Undertake a project: for example, a project to find the answer to a research question, to
test a theory or hypothesis, to evaluate an action or proposal, to formulate a critique.
Write up your project in the form of a dissertation, in which you present your findings,
discuss their significance and offer your conclusions.
(Levin, 2005: 23)
While Levin uses different terminology, the core distinction is the same:
‘doing your research’ ‘presenting your research’

‘research process’ ‘research product’
‘undertaking a project’ ‘writing up your project’
3.1.1 Research as question and answer

Research involves asking a question and providing an answer. The research question
should not be trivial. It should:
u raise some significant issues
u require more than a descriptive answer.

The answer to the question should take the form of an argument that is:
u a reasoned response to the question
u backed by evidence.
Question and answer is what holds research together. This is the overarching
framework that drives the research process forward and provides coherence to the
project and to the final piece of written work. The ultimate test of research is: how
well does it answer the question?
The question and answer framework is vital for both the research process and product.
In the research process

Your research question should be the ‘driving force’ of research. This means that
everything that you do when researching is guided by the question that you are trying
to answer.
When you are designing your research, the first and crucial task is to design the
research question itself. While you are doing that you will also be working out what
the best way to answer the question is (‘what methods should I use?’) and asking ‘is
this actually a feasible research question?’ – can you actually answer it reasonably in
the time available and with the resources available to you?
When you are conducting the research and considering whether some material that
you have found is relevant, the test will be: is it relevant to the research question?
Does it contribute to an answer?
When you are constructing your arguments, always ask: how is this argument part of
an answer to the research question that I posed at the start?
In the research product

In your research proposal you will be presenting your research question and how you
propose to investigate it in order to find an answer.
The heart of your dissertation will be presenting your research question and your
answer to it. How you structure it in terms of chapters is important, but never forget
the overarching question and answer framework.
In addition – this is where product and process ‘double up’ – in your dissertation you
will also be expected to give an account of aspects of your research process, notably
your ‘research methodology’.
Being able to discuss your research process is even more important for the Laws Skills
Portfolio.
3.2 What is a dissertation?

Here is a good definition of a dissertation.
u A dissertation is an extended piece of writing (10,000 words excluding bibliography),

divided into chapters, in which an overall argument is developed in response to a
research question.
u The reasons for formulating the precise research question, and the reasons for
choosing the specific research methodology employed, will normally be presented in
the first section.
u The overall argument (and sub-arguments) will be developed over subsequent

chapters, supported by evidence (including counter-evidence) that the author has
gathered through research, assessed and analysed.
u The dissertation reaches a conclusion in the final section, which pulls together the
threads of your argument and the overall assessment of the evidence, providing
the author’s answer to the research question.
u A dissertation will use scholarly forms of citation/referencing throughout and

provide a bibliography at the end.
This includes information on a range of different matters. Let us explore them further.
3.2.1 Structure and form

Can you answer these questions on the basis of the definition above?
1. Word length – how long? Including bibliography?
2. Chapters – how will the text be divided? What goes in the ‘first section’ and ‘final
section’?
3. How many chapters do you imagine might be in the middle section? (The answer is
not provided in the text above because there is no set number. However normally
it might range from three to five chapters.)
Consider, if the overall length is 10,000 words, how many words would there be in the
average chapter if the dissertation contains six chapters? Would all the chapters be
the same length?
All chapters should have a paragraph long introduction and conclusion; this adds to
the coherence of the work. Keep this in mind when planning your structure!
1. Scholarly forms of citation/referencing – are you already familiar with this or do you
need to learn more?
2. Bibliography – what should the bibliography include? Do you know how to present
items in a bibliography?
3. What are the format and word processing requirements?
Obviously, the answers to some of these questions are not provided in the initial
definition but all the questions are answered throughout the guide.
3.2.2 Forming an argument

How does the framework of question and answer relate to the structure of the
dissertation?
As the definition above indicates, you will be expected to justify your research
question in the initial section of your final written dissertation. The reasons for
formulating the precise research question, and the reasons for choosing the specific
research methodology employed, will be presented in the first section [of the
dissertation].
A question needs an answer. After the initial section, all the remaining chapters of your
dissertation will be providing your answer to that question. The research that you
conduct will be devoted to constructing an answer to the question that you have set
up at the start. The key features of that answer are: argument and evidence.
An answer in the form of an argument

Your answer to your research question will involve offering an argument.
The business of arguing is somewhat like making arguments in court. You will be
making claims and they may be complex, built up of many components. You will also
need to consider the arguments made by the other side and respond to them.
It is not enough simply to provide descriptive material. Just laying out information
about the law or other matters will be regarded as substandard work. Similarly, where
you are discussing cases, you will need to be discussing principles and policies and not
†
simply saying what the outcomes were. In a treasure hunt,
something is hidden and
IMPORTANT NOTE: Dissertation research is not a ‘treasure hunt’.† There is no answer clues are left. The clues take
sitting out there waiting for you to find it. It is up to you to create your answer by you to the treasure, which is
putting together relevant and reliable materials. ‘found’.
An argument supported by evidence

One common definition of an argument is ‘a claim backed by reasons’ so you will be
involved in looking at what your claims are based on (just as in court). You will be
expected to identify the evidence for your position and assess its worth objectively.
Where does the evidence comes from? It comes from your research.
Evidence does not have to be empirical (i.e. it does not have to concern information
about the world of human and social behaviour, or physical bodies). Evidence in legal
research is quite often textual.
3.2.3 The final outcome

To summarise, the written dissertation that you submit should present your research
in a clear and orderly way. It should be 10,000 words long, divided into chapters,
properly referenced and contain a bibliography (which is not included in the word
count). There is a 10 per cent leeway on the word limit (i.e. ±1,000 words) that will
be strictly applied. The marker will not read nor include any work after the maximum
word limit has been reached within the allocation of marks.
Near the start of your written dissertation, you will be explaining and justifying how
you came to formulate your specific research question and the research methodology
that you chose to research it.
Over the course of your written dissertation you will be developing your answer to the
question.
At the end of your written dissertation, you will be presenting the overall answer to
the question.
3.2.4 Is a dissertation just a long essay?

If you are studying at an independent teaching institution, you may have some
experience of writing essays and submitting them for assessment. You will certainly
have experience of answering essay questions in examinations. So, considering the
similarities and dissimilarities between an essay and a dissertation will help you build
on past experience.
Comparison between an essay and a dissertation
Similar Different
Both involve answering a question. With a dissertation you write the question
yourself.
Both are coherent pieces of writing. An essay is typically not more than 1,000
words but a dissertation is 10,000 words
(i.e. 10 times as long).
Both are divided into parts, including an In an essay, the parts may be implicit:
introduction and conclusion. where explicit they will be sections with
headings. In a dissertation the parts are
chapters – which will in turn typically be
subdivided into sections with headings.
Both are based on legal research by the For an essay, you can usually rely primarily
student. on the prescribed reading. With the
dissertation you will also have to identify
sources for yourself. The legal research
for a dissertation will also involve a wider
range of sources.
Both involve keeping track of references A dissertation requires long-term and

(already read, still to read, etc.) and systematic record-keeping of references,
making notes of reading. advanced-level reading skills and
organised note-taking.
Comparison between an essay and a dissertation
Similar Different
Both should involve critical evaluation and The evaluative component of a

not simply description (e.g. in an essay dissertation will be greater and will
you might be discussing the effectiveness include not only evaluations springing
of a piece of law reform or the qualities of from the question but also assessing the
an argument). reliability of sources.
Both involve appropriate academic In an essay, these requirements may be

writing and citation/referencing, as well as somewhat relaxed. In a dissertation they
a bibliography. are mandatory.
The key overall difference is that, for a dissertation, there is a higher

expectation of independence and autonomy on your part:
the keynote of a dissertation is independent research.
3.3 Independent research and originality

Your research for the dissertation is ‘independent’ in the following ways. Rather than
having a pre-set list of questions to choose from, you will actually design your own
research question (Chapters 3-4 will help you with this).
It must be on a topic that is not covered in depth in the Laws Programme courses
that you have studied already or that you are currently studying, so that you will
conduct your own research investigation. You will not have pre-set reading (although
of course, you should follow up references where relevant).
Although you are definitely encouraged to seek advice and feedback from a supervisor,
if you have one, and also from your peers, the final product should be all your own
work. This means not only that it must be written by you alone but that the analysis
and synthesis of sources (the materials you have gathered in your research) should
also be your own.
Another common way of putting these points is to say that dissertation research
must be ‘original’. You’re not expected to win the Nobel prize! We are not asking you
to produce a piece of work that breaks entirely new ground. But nor are we saying
that there is ‘one right answer’ already out there in the literature and that your task
is simply to find it and regurgitate it. Independent research involves your thinking on
the materials that you have found.
3.3.1 Independent research as teaching yourself
From the outset, keep in mind one important point: writing a research paper is in part
about learning how to teach yourself. Long after you leave your studies, you will continue
learning about the world and its vast complexities. There is no better way to hone the
skills of life-long learning than by writing individual research papers. The process forces
you to ask good questions, find the sources to answer them, present your answers to an
audience, and defend your answers against detractors. Those are skills that you will use in
any profession you might eventually pursue.
(King, 1999)
Why not read this paper by King: ‘How to write a research paper’? (A dissertation is
a type of research paper.) It offers ‘Five commandments of writing research papers’.
However, this paper is not written specifically for law students. So you will have to
work out how to apply the ‘commandments’ appropriately.
(1) Thou shalt do some background reading, think hard, and speak with the professor in
order to identify a topic.
(2) Thou shalt have a clear research question.
(3) Thou shalt do real research.

Thou shalt make an argument.
Thou shalt write well.
https://faculty.georgetown.edu/kingch/How_to_Write_a_Research_Paper.htm
3.3.2 Research as detective work

There is a great deal of advice available, including in this guide and on the VLE, on
specific research techniques and also general research methodology. But, at the outset
it is even more important to have a sense of the spirit of research.
Producing a worthwhile dissertation requires you to be a detective. [You will need] not
only puzzle-solving and problem-solving techniques but also ways of hunting for and
piecing together clues… You have to acquire not only the necessary techniques but also
the initiative, alertness, perceptiveness, intuition and ‘sixth sense’ that good detectives
possess.
(Levin, 2005: 1–2)
Levin’s comparison with detective work is apt. Research is very much about curiosity,
trying to find out how things work. Terms associated with research are ‘enquiring’,
‘investigating’, ‘discovering’.
Example
‘Will the proposed reforms in the Constitutional Renewal Bill overcome the
problems that the Royal Prerogative poses for the doctrine of separation of
powers?’
Suppose you were going to research this question. First of all, you would need to start
by making sure that you had a firm grasp of the background issues: what the Royal
Prerogative is, what problems it poses for the doctrine of separation of powers and
what the terms of the Constitutional Renewal Bill are.
Your reading would soon reveal that there are actually competing interpretations
of the scope of the Royal Prerogative: how does this affect the problem posed for
separation of powers doctrine? So there is one issue to explore further, and looking
into this should actually draw you more deeply into wondering what the separation of
powers is all about.
This is also a question where political context will be highly important. Since the Royal
Prerogative includes the power to declare war, how far was the 2003 war on Iraq – and
the public response to this nationally and internationally – a factor in the current
reform?
Another potentially interesting aspect of this question is that the debate may be
occurring as you are working on your essay.
As with all law reform, there is always the question of whether it is merely cosmetic or
goes to the fundamental issues – and how would you distinguish the two?
There is a lot of scope here for pursuing interesting questions and using your detective
abilities.
The image of research as detective work should inspire you when you are constructing
your research question to put together a question that will be challenging and
intriguing to answer.
Further reading
¢ King, C. ‘How to write a research paper’ (Georgetown University, 1999).
¢ Salter, M. and J. Mason Writing law dissertations: an introduction and guide to the
conduct of legal research. (Harlow: Pearson, 2007) [ISBN 9780582894358] Chapter
1 ‘How to begin’.
4 Looking for a topic
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
4.1 Where do research topics come from? . . . . . . . . . . . . . . . . . . 24
4.2 ‘Something new’ as a source of inspiration . . . . . . . . . . . . . . . . 25
4.3 Other areas to explore for inspiration . . . . . . . . . . . . . . . . . . 27
4.4 Your module materials as a source of inspiration . . . . . . . . . . . . . 28
4.5 Academic readings as a source of inspiration . . . . . . . . . . . . . . . 28
4.6 Initial decision factors to consider . . . . . . . . . . . . . . . . . . . . 30
4.7 Writing down your topic(s) . . . . . . . . . . . . . . . . . . . . . . . . 31

Introduction
This is where it all finally begins! Looking for topics should be exciting. Law is a socially
and politically important aspect of the world, it is complicated enough to keep your
brain busy and it is constantly changing. Whatever your views or intellectual style,
there is a huge potential for conducting significant legal research on an engaging
topic.
There are no recipes for inspiration. There is no ready-made list of topics to be found
somewhere ‘out there on the web’. But by the time you have read through this
chapter, you should have some sense of how to come up with research topics and
begin to think about what would make a good topic for research.
Even if you already have a topic in mind, it is best to identify some alternatives, in case
the first one proves unworkable. Remember, a topic should be:
1. a matter drawn from the Undergraduate Laws programme that has not been
covered in depth in the teaching materials – you want something where the
ground has not already been covered, something that you can research
2. a matter involving some aspect of the law of England and Wales, with the exception
of matters drawn from the Undergraduate Laws programme modules that focus on
other jurisdictions. You are allowed to draw from any subject you have studied on
the LLB syllabus so topics on, for example, Islamic law or Public international law
would not ordinarily deal with law of England and Wales
3. a matter that is interesting to you
4. within your capabilities, your research facilities, and the capacity of a 10,000-word
long essay
5. likely to produce more than pure description: what provocative questions does
the topic raise?
Even at this stage, it is useful to bear in mind that you are going to be turning your
topic into an actual research question, so, as you think about topics, think also about
what questions might be posed about them. If there are no real questions, then that is
a very good reason for rejecting a possible topic.
The infographic on the next page, created and freely shared by Alison Phipps on her
website, is a really helpful summary of all the things you need to consider at this stage
of your project.
Dissertation Part I 4 Looking for a topic page 23
(Alison Phipps, accessible at: https://phipps.space/resources-for-researchers/)
Figure 4.1 Finding your research topic and designing your research questions
4.1 Where do research topics come from?

In the past you have been provided with questions to study. Now you have to find your
own. Do not expect a research question just to fall out of the sky or to come to you in
a dream. There are ways of looking for topics systematically. The list of types of topics
above may already have given you some ideas. Here are some other starting points.
4.1.1 Your experience
Your past study experience

When you were revising for examinations, did you feel frustrated because a topic you
wanted to pursue was unlikely to require much depth of coverage in the examination?
If you are studying at an institution: was there a seminar discussion that you
particularly enjoyed – but felt did not go into all the aspects of the topic?
Maybe when you read an article in a legal journal, there was a suggestion – in the main
text or maybe a footnote – that suggested some idea that you did not have time or any
reason to pursue at the time.
Your life experience and situation

Your own views and personal experience – perhaps reflecting political topics.
Law in the news

Many news stories have a legal angle: a controversial case or an area of law that
reformers or the general public think should be changed. Be careful, though! What is
newsworthy is not always legally very interesting.† †
An idea for a dissertation
topic would be actually to
You can access news media of many forms (newspapers, television, radio) on the
take a ‘law and the media’
internet. UK media would include:
angle and consider how a
u Daily Telegraph legally significant case was
reported in the media. (Don’t
u Guardian
forget the law content.)
u Observer
u Economist
u New Statesman
If you are studying outside the UK, please remember that the UK press is rarely
politically neutral and so you should read a good variety of papers to get the full
picture. For instance, if you read the Guardian, you might want to also read the
Telegraph and if you read the Economist you might want to balance it with the New
Statesman!
4.1.2 How to find a topic for research?
Research
Research
topic/area
question
of research
Here is a diagram laying out the relationship between topic and research question.
In the research design phase, you are working your way towards producing a well-
formulated research question.
There is no great mystery as to what a topic is in a general or formal way. In a syllabus, a

topic would be one of the constitutive features that make up the module. For example, in
Criminal law, the different defences would each be topics (as informed by the principles
of defences: justification or excuse).
Remember: for your dissertation research, you must find a topic that has not been
covered in depth in the materials for the module. Yet, it needs to be matter drawn
from the Undergraduate Laws programme and, with the exception of topics that deal
with matters like Islamic law, the topic should involve the law of England and Wales.
What makes a topic a potential research topic? Next some ideas to kick-start your
imagination.
4.2 ‘Something new’ as a source of inspiration

Many topics are inspired by the simple notion that ‘something new’ has happened.
‘Something new’ is not a type of topic in its own right. To be more specific, it’s a way of
triggering you to think about possible topics.
There are many other possibilities of ‘something new’:
u a recent case that upsets the settled understanding of law in the area or
precipitates a growing trend – or confirms that a recognised problem still hasn’t
been solved
u a new technology whose legal implications are wide and potentially controversial
u a recent event or state of affairs – perhaps widely reported in the media – that
indicates a major problem with law
u an exciting new book or article
u a new perspective or approach
u a new social movement.
4.2.1 ‘Something new’ case study I: public law and the proposed repeal of
the Human Rights Act 1998
For example, if you are interested in human rights, you might want to read the news
in the field and consider recent statements or legal changes. If you are interested in
human rights, politics and constitutional law, you might have been following debates
on whether the UK should repeal the Human Rights Act 1998 and introduce a domestic
Bill of Rights. For that topic, the keywords would include:
Human
rights
Proposals
for domestic Public Politics
bill of rights law
Recent
changes
and news
You can find out more about the importance of the Human Rights Act 1998 in your
Public law materials.
You can also read:
Fenwick, H. ‘Five takeaways from the UK government’s proposal to replace the Human
Rights Act’ The Conversation (15 December 2021).
4.2.2 ‘Something new’ case study II: international law and the ongoing
conflict in Syria/Yemen/Ukraine
Maybe instead of domestic legal changes and new Acts of Parliament, you are
interested in law in an international context. Let’s take Syrian conflict as an example.
Does a duty to intervene exist in international law? Should it? What makes the Syrian
conflict different from the Libyan, or what differentiates, in law, the Ukrainian war from
the Yugoslavian one? What is the role of the ‘responsibility to protect’ doctrine in the
modern world?
The legality of intervention in conflict situations is, as it has always been, a

controversial area for research. Many students from undergraduate to PhD level have
researched this in light of different conflicts. The question of legality of such action
in itself is not new, yet interventions remain controversial and arguably inconsistent.
Think of these keywords and consider what would be a good topic in the field.
Civil wars
International Responsibility
Terrorism
law to protect
International
relations
You can read more about the topic in your International protection of human rights
materials.
4.2.3 ‘Something new’ case study III: Police, Crime, Sentencing and Courts
Bill 2021
What is the right to protest and how has it been curtailed? You have probably seen
in the news discussion about the Police, Crime, Sentencing and Courts Bill 2021 or
protests against the Bill around the UK, Bristol in particular, in 2021 and 2022. How
will this Bill curtail the right to protest? Is it compatible with ECHR and constitutional
principles?
Human rights
Law reform Police powers
Right to
protest
Constitutional
Public order
principles
Figure 4.2 The right to protest

You can read more about the topic in your Tort law and Public law materials.
4.3 Other areas to explore for inspiration
4.3.1 Doctrinal debates

Try looking for a topic where there is some conflict or confusion about underlying
†
principles – frequently indicated where groups of cases conflict with each other. † Sometimes straightforward
contradictions of definition
A ‘gap in the literature’. This familiar phrase means a topic that is frequently appear, as in this US example:
overlooked – possibly a little too ambitious for undergraduates. ‘…I found in a recent family
Policy versus principle is a perennial conflict in many legal subject areas. law casebook a section
comparing two cases on
Good sources for finding out about these debates are academic legal journals such procreative rights, one
as Modern Law Review or other journals available through the Online Library. holding that the fetus is a
‘person’ within the meaning
4.3.2 A research angle of the Federal Torts Claims
Act, and the other holding
Try looking for a topic where: that a fetus was not a ‘person’
u a historical approach might be appropriate under the California Civil
Code.’ (Meeker, 1996)
u a comparative approach might be appropriate
u a new data source has become available.
4.3.3 A theory angle

Try looking at a topic from a particular theoretical stance, such as feminism, ‘law and
economics’, ‘critical legal studies’ or ‘critical race theory’.
‘Law and the media’ is another possible angle. You could read related blogs such
as Critical Legal Thinking where legal theorists write topical but theory-informed
commentary.
4.4 Your module materials as a source of inspiration

The Laws VLE provides ‘Pre-exam updates’ and a newsletter for each module.
Skimming through these is an excellent way to get ideas for research topics. Similarly,
you might want to have a look at the Undergraduate Law’s Blog for the full text on
these and many more blogs and videos:
IT’S A SIN – Professor Jill Marshall, Module Convenor for Jurisprudence and legal
theory April 2021
It is 40 years since the onset of the HIV and AIDS epidemic. The recent highly praised
UK Channel 4 Series, It’s a sin is a drama by writer Russell T Davies detailing the
lives of four young gay men and one young woman in a flat-share in London set
against the first decade of the epidemic. The series shows the ignorance, stigma
and shame surrounding the illness at the time which hit the gay community hard.
There are recollections of the UK government AIDS leaflets which passed through
every British letterbox (SILENCE = DEATH) and TV public information advertisements
shown depicted tombstones emblazoned with DON’T DIE OF IGNORANCE. For many
of us who were children and young people at the time, these were part of daily life
ads on TV or leaflets through the door. For others, this was a life and death situation.
Once caught, HIV – human immunodeficiency virus – was a death sentence. This
is no longer the case. HIV damages the cells in immune systems and weakens the
ability to fight everyday infections and disease. AIDS is acquired immune deficiency
syndrome and is the name of a number of potentially life-threatening infections
and illnesses that happen when the immune system has been severely damaged by
the HIV virus.
WHEN CHILDREN’S RIGHTS AND CHILDREN’S WELFARE COLLIDE(?): BELL & ANOR V THE
TAVISTOCK AND PORTMAN NHS FOUNDATION TRUST [2020] EWHC 3274 – Robert Jago,
Module Convenor for Family law April 2021
At the end of 2020 a particularly important decision was handed down by the High
Court which can be seen to question what happens when there is an arguable
tension between the assertion of children’s rights and an attempt to safeguard
the welfare best interests of the child. In Bell & Anor v The Tavistock And Portman
NHS Foundation Trust [2020] EWHC 3274, the claimants Ms Bell and Mrs A brought
a claim for judicial review of the practice of the defendant hospital, through its
Gender Identity Development Service (GIDS), of prescribing drugs to persons under
the age of 18 which have the effect of suppressing the developmental signs and
effects of puberty (often referred to as puberty blockers). These drugs are normally
prescribed to someone under the age of 18 who is experiencing gender dysphoria.
This is a condition where people experience high levels of distress because of a
mismatch between their sex at birth and their perceived identity. The case report
confirms that these drugs have been prescribed for those who are as young as 10
years old.
4.5 Academic readings as a source of inspiration

Academic readings will be especially useful for exploring doctrinal debates or topics
with a theory or research angle. Textbooks, on the other hand, will not be much use to
you for these purposes.
You will also be using academic journals of some description for any topic that you
undertake.
4.5.1 Recent issues of academic law journals

Browse the latest available journals, looking for current topics that are drawing
attention. Also keep an eye out at the end of articles where the authors often identify
areas for further research. And do not ignore book reviews: here you can find not only
what topics current legal scholars are working on but also get a critical sense of how to
assess research.
Here are some key general legal academic journals (covering a wide range of areas
and topics). If you need advice on how to find these journals and how to use the
Online Library, please read the ‘Online Library in a nutshell’ before embarking on your
research.
u Cambridge Law Journal (CLJ)
u Current Legal Problems
u Journal of Law and Society (JLS)
u Law Quarterly Review (LQR)
u Modern Law Review (MLR)
u Oxford Journal of Legal Studies (OJLS)
u Social and Legal Studies
These are more specialist journals.
u British Journal of Criminology (BJC)
u Common Market Law Review (CMLRev)
u Criminal Law Review (CLR)
u European Law Journal (ELJ)
u European Law Review (ELRev)
u International and Comparative Law Quarterly (ICLQ)
u Journal of Business Law
u Journal of Common Market Studies (JCMS)
u Journal of Law and Economics
u Law & Society Review
u Parliamentary Affairs
You might want to explore these websites:
u For UK legislation.
u Critical Legal Thinking for theoretical commentary on the law and politics.
u The Law Society Gazette.
u Solicitors Journal.
Most importantly, bookmark the University of London Online Library!
The Online Library.
The UG Laws gateway.
‘Online Library in a nutshell’.

Another random document with
no related content on Scribd:
that, if the thief does not restore the stolen property, he will be a
dead man within a month.34.1
Similarly in Nias, an island to the west of
Thieves cursed in Sumatra, when a thief cannot be found he is
Nias.
cursed, and to give weight to the curse a dog is
burned alive. While the animal is expiring in torments, the man who
has been robbed expresses his wish that the thief may likewise die
in agony; and they say that thieves who have been often cursed do
die screaming.34.2 Curses are also employed for
Thieves cursed
among the Sea
the same purpose with excellent effect by the Sea
Dyaks of Borneo. Dyaks of Borneo. On this point a missionary bears
the following testimony. “With an experience of
nearly twenty years in Borneo, during which I came into contact with
thousands of the people, I have known of only two instances of theft
among the Dyaks. One was a theft of rice. The woman who lost the
rice most solemnly and publicly cursed the thief, whoever it might be.
The next night the rice was secretly left at her door. The other was a
theft of money. In this case, too, the thief was cursed. The greater
part of the money was afterwards found returned to the box from
which it had been abstracted. Both these incidents show the great
dread the Dyak has of a curse. Even an undeserved curse is
considered a terrible thing, and, according to Dyak law, to curse a
person for no reason at all is a fineable offence.
“A Dyak curse is a terrible thing to listen to. I have only once heard
a Dyak curse, and I am sure I do not want to do so again. I was
travelling in the Saribas district, and at that time many of the Dyaks
there had gone in for coffee-planting; indeed, several of them had
started coffee plantations on a small scale. A woman told me that
some one had over and over again stolen the ripe coffee-berries
from her plantation. Not only were the ripe berries stolen, but the
thief had carelessly picked many of the young berries and thrown
them on the ground, and many of the branches of the plants had
been broken off. In the evening, when I was seated in the public part
of the house with many Dyak men and women round me, we
happened to talk about coffee-planting. The woman was present,
and told us of her experiences, and how her coffee had been stolen
by some thief, who, she thought, must be one of the inmates of the
house. Then she solemnly cursed the thief. She began in a calm
voice, but worked herself up into a frenzy. We all listened horror-
struck, and no one interrupted her. She began by saying what had
happened, and how these thefts had gone on for some time. She
had said nothing before, hoping that the thief would mend his ways;
but the matter had gone on long enough, and she was going to curse
the thief, as nothing, she felt sure, would make him give up his evil
ways. She called on all the spirits of the waters and the hills and the
air to listen to her words and to aid her. She began quietly, but
became more excited as she went on. She said something of this
kind:
“ ‘If the thief be a man, may he be unfortunate in
Curses on a man all he undertakes! May he suffer from a disease
thief.
that does not kill him, but makes him helpless—
always in pain—and a burden to others. May his wife be unfaithful to
him, and his children become as lazy and dishonest as he is himself.
If he go out on the war-path, may he be killed, and his head smoked
over the enemy’s fire. If he be boating, may his boat be swamped
and may he be drowned. If he be out fishing, may an alligator kill him
suddenly, and may his relatives never find his body. If he be cutting
down a tree in the jungle, may the tree fall on him and crush him to
death. May the gods curse his farm so that he may have no crops,
and have nothing to eat, and when he begs for food, may he be
refused, and die of starvation.
“ ‘If the thief be a woman, may she be childless,
Curses on a woman or if she happen to be with child let her be
thief.
disappointed, and let her child be still-born, or,
better still, let her die in childbirth. May her husband be untrue to her,
and despise her and ill-treat her. May her children all desert her if
she live to grow old. May she suffer from such diseases as are
peculiar to women, and may her eyesight grow dim as the years go
on, and may there be no one to help her or lead her about when she
is blind.’
“I have only given the substance of what she said; but I shall never
forget the silence and the awed faces of those who heard her. I left
the house early next morning, so I do not know what was the result
of her curse—whether the thief confessed or not.”36.1
The ancient Greeks seem to have made a very
Thieves cursed in liberal use of curses as a cheap and effective
ancient Greece.
mode of protecting property, which dispenses the
injured party from resorting to the tedious, expensive, and too often
fruitless formalities of the law. These curses they inscribed on tablets
of lead and other materials and deposited either in the place which
was to be protected from depredation or in the temple of the god to
whose tender mercies the criminal was committed. For example, in a
sacred precinct dedicated to Demeter, Persephone, Pluto and other
deities of a stern and inflexible temper at Cnidus, a number of leaden
tablets were found inscribed with curses which consigned the
malefactors of various sorts to the vengeance of the two Infernal
Goddesses, Demeter and her daughter. “May he or she never find
Persephone propitious!” is the constantly repeated burden of these
prayers; and in some of them the sinner is not only excommunicated
in this world but condemned to eternal torments in the world
hereafter. Often the persons who launched these curses were ladies.
One irate dame consigns to perdition the thief who had stolen her
bracelet or the defaulter who had failed to send back her
underclothes.36.2 Another curse, engraved on a marble slab found at
Smyrna, purports that if any man should steal one of the sacred
vessels of a certain goddess or injure her sacred fish, he may die a
painful death, devoured by the fishes.36.3 Sometimes, apparently,
these Greek imprecations were as effective in reclaiming sinners as
Dyak curses are to this day. Thus we read of a curious dedication to
a lunar deity of Asia Minor, by name Men Aziottenos, which declares
how one Artemidorus, having been reviled by a couple of rude
fellows, cursed them in a votive tablet, and how one of the culprits,
having been punished by the god, made a propitiatory offering and
mended his wicked ways.37.1 To prevent people
Landmarks
protected by gods
from encroaching on their neighbours’ land by
and curses. removing the boundary stones, the Greeks
committed landmarks to the special protection of
the great god Zeus;37.2 and Plato dwells with unction on the double
punishment, divine and human, to which the sinner exposed himself
who dared to tamper with these sacred stones.37.3 The Romans
went even further, for they created a god for the sole purpose of
looking after landmarks, and he must have had his hands very full if
he executed all the curses which were levelled not only at every man
who shifted his neighbour’s boundary stone, but even at the oxen
which he employed to plough up his neighbour’s land.37.4 The
Hebrew code of Deuteronomy pronounced a solemn curse on such
as removed their neighbour’s landmarks;37.5 and Babylonian kings
exhausted their imagination in pouring out a flood of imprecations
against the abandoned wretch who thus set at naught the rights of
property in land.37.6 King Nebuchadnezzar in particular, before he
was turned out to grass, appears to have distinguished himself by
the richness and variety of his execrations, if we may judge by a
specimen of them which has survived. A brief extract from this
masterpiece may serve to illustrate the king’s style of minatory
eloquence. Referring to the bold bad man, “be it shepherd or
governor, or agent or regent, levy master or magistrate,” whosoever
he might be, who “for all days to come, for the future of human
habitations,” should dare to tamper with the land which his Majesty
had just marked out, “Ninib, lord of boundaries and boundary-stones,
tear out his boundary stone. Gula, great lady, put lingering illness
into his body, that dark and light red blood he may pour out like
water. Ishtar, lady of countries, whose fury is a flood, reveal
difficulties to him, that he escape not from misfortune. Nusku, mighty
lord, powerful burner, the god, my creator, be his evil demon and
may he burn his root. Whoever removes this stone, in the dust hides
it, burns it with fire, casts it into water, shuts it up in an enclosure,
causes a fool, a deaf man, an idiot to take it, places it in an invisible
place, may the great gods, who upon this stone are mentioned by
their names, curse him with an evil curse, tear out his foundation and
destroy his seed.”38.1
In Africa also superstition is a powerful ally of
Superstition as an the rights of private property. Thus the Balonda
ally of the rights of
private property in place beehives on high trees in the forest and
Africa. protect them against thieves by tying a charm or
“piece of medicine” round the tree-trunks. This
proves a sufficient protection. “The natives,” says Livingstone,
“seldom rob each other, for all believe that certain medicines can
inflict disease and death; and though they consider that these are
only known to a few, they act on the principle that it is best to let
them all alone. The gloom of these forests strengthens the
superstitious feelings of the people. In other quarters, where they are
not subjected to this influence, I have heard the chiefs issue
proclamations to the effect, that real witchcraft medicines had been
placed at certain gardens from which produce had been stolen; the
thieves having risked the power of the ordinary charms previously
placed there.”38.2
The Wanika of East Africa “believe in the power
The Wanika of East and efficacy of charms and amulets, and they
Africa.
wear them in great variety; legs, arms, neck, waist,
hair, and every part of the body are laden with them, either for the
cure or prevention of disease; for the expulsion or repulsion of evil
spirits; and to keep at bay snakes, wild animals, and every other evil.
They hang painted calabashes from the baobab at their hut doors to
keep away thieves; shells, dolls, eggs scratched over with Arabic
characters by the Wana Chuoni (sons of the book) of the coast, are
placed about their plantations and in their fruit-trees, and they
believe that death would overtake a thief who should disregard them.
A charm bound to the leg of a fowl is ample protection for the village.
There is no doubt that, superstitious as the people are, they dread
running great risks for the sake of small gains, and so these charms
answer their purpose.”39.1 Among the Boloki of the
The Boloki of the
Congo.
Upper Congo, when a woman finds that the
cassava roots, which she keeps soaking in a
water-hole, are being stolen, she takes a piece of gum copal, and
fixing it in the cleft of a split stick she puts it on the side of the hole,
while at the same time she calls down a curse on the thief. If the thief
is a man, he will henceforth have no luck in fishing; if she is a
woman, she will have no more success in farming.39.2 The Ekoi of
Southern Nigeria protect their farms against thieves by bundles of
palm leaves to which they give the name of okpata. Should any one
steal from a farm thus protected, he will fall sick and will not recover
unless he gives a certain dance, to which the name of okpata is also
applied.39.3
In the mountains of Marrah, a district of Darfur,
Guardian spirits houses, goods, and cattle are protected against
(damzogs) of
property in Darfur. thieves by certain fierce and dangerous guardian-
spirits called damzogs, which can be bought like
watch dogs. Under the guardianship of such a spiritual protector the
sheep and cows are left free to wander at will; for if any one were
rash enough to attempt to steal or kill one of the beasts, his hand
with the knife in it would remain sticking fast to the animal’s throat till
the owner came and caught the rascal. An Arab merchant, travelling
in Darfur, received from a friend the following account of the way to
procure one of these useful guardians. “At the time when I first
began to trade, my friend, I often heard that damzogs could be
bought and sold, and that to procure one I must apply to the owner
of a damzog, and discuss the price with him. When the bargain is
concluded, it is necessary to give a large gourd of milk to the seller,
who takes it to his house, where are his damzogs. On entering he
salutes them, and goes and hangs up his vase to a hook, saying,
—‘One of my friends—such a one—very rich, is in fear of robbers,
and asks me to supply him with a guardian. Will one of you go and
live in his house? There is plenty of milk there, for it is a house of
blessing, and the proof thereof is, that I bring you this kara of milk.’
The damzogs at first refuse to comply with the invitation. ‘No, no,’
say they, ‘not one of us will go.’ The master of the hut conjures them
to comply with his desires, saying, ‘Oh! let the one that is willing
descend into the kara.’ He then retires a little, and presently one of
the damzogs is heard to flop into the milk, upon which he hastens
and claps upon the vase a cover made of date-leaves. Thus stopped
up he unhooks the kara, and hands it over to the buyer, who takes it
away and hangs it on the wall of his hut, and confides it to the care
of a slave or of a wife, who every morning comes and takes it,
emptying out the milk, washing it and replenishing it, and hanging it
up again. From that time forward the house is safe from theft or
loss.” The merchant’s informant, the Shereef Ahmed Bedawee, had
himself purchased one of these guardian spirits, who proved most
vigilant and efficient in the discharge of his duties; indeed his zeal
was excessive, for he not only killed several slaves who tried to rob
his master, but did summary execution on the Shereef’s own son,
when the undutiful young man essayed to pilfer from his father’s
shop. This was too much for the Shereef; he invited a party of friends
to assist him in expelling the inflexible guardian. They came armed
with guns and a supply of ammunition, and by raking the shop with
repeated volleys of musketry they at last succeeded in putting the
spirit to flight.40.1
Amongst the Nandi of British East Africa nobody
The curses of dares to steal anything from a smith; for if he did,
smiths and potters.
the smith would heat his furnace, and as he blew
the bellows to make the flames roar he would curse the thief so that
he would die. And in like manner among these people, with whom
the potters are women, nobody dares to filch anything from a potter;
for next time she heated her wares the potter would curse him,
saying, “Burst like a pot, and may thy house become red,” and the
thief so cursed would die.41.1 In Loango, when a
Charms to protect
property in West
man is about to absent himself from home for a
Africa. considerable time he protects his hut by placing a
charm or fetish before it, consisting perhaps of a
branch with some bits of broken pots or trash of that sort; and we are
told that even the most determined robber would not dare to cross a
threshold defended by these mysterious signs.41.2 On the coast of
Guinea fetishes are sometimes inaugurated for the purpose of
detecting and punishing certain kinds of theft; and not only the culprit
himself, but any person who knows of his crime and fails to give
information is liable to be punished by the fetish. When such a fetish
is instituted, the whole community is warned of it, so that he who
transgresses thereafter does so at his peril. For example, a fetish
was set up to prevent sheep-stealing and the people received
warning in the usual way. Shortly afterwards a slave, who had not
heard of the law, stole a sheep and offered to divide it with a friend.
The friend had often before shared with him in similar enterprises,
but the fear of the fetish was now too strong for him; he informed on
the thief, who was brought to justice and died soon after of a
lingering and painful disease. Nobody in the country ever doubted
but that the fetish had killed him.41.3 Among the Ewe-speaking tribes
of the Slave Coast in West Africa houses and household property
are guarded by amulets (võ-sesao), which derive their virtue from
being consecrated or belonging to the gods. The crops, also, in
solitary glades of the forest are left under the protection of such
amulets, generally fastened to long sticks in some conspicuous
position; and so guarded they are quite safe from pillage. By the side
of the paths, too, may be seen food and palm-wine lying exposed for
sale with nothing but a charm to protect them; a few cowries placed
on each article indicate its price. Yet no native would dare to take the
food or the wine without depositing its price; for he dreads the
unknown evil which the god who owns the charm would bring upon
him for thieving.42.1 In Sierra Leone charms, called greegrees, are
often placed in plantations to deter people from stealing, and it is
said that “a few old rags placed upon an orange tree will generally,
though not always, secure the fruit as effectually as if guarded by the
dragons of the Hesperides. When any person falls sick, if, at the
distance of several months, he recollects having stolen fruit, etc., or
having taken it softly as they term it, he immediately supposes
wangka has caught him, and to get cured he must go or send to the
person whose property he had taken, and make to him whatever
recompense he demands.”42.2
Superstitions of the same sort have been
Charms to protect transported by the negroes to the West Indies,
property in the West
Indies. where the name for magic is obi and the magician
is called the obeah man. There also, we are told,
the stoutest-hearted negroes “tremble at the very sight of the ragged
bundle, the bottle or the egg-shells, which are stuck in the thatch or
hung over the door of a hut, or upon the branch of a plantain tree, to
deter marauders.… When a negro is robbed of a fowl or a hog, he
applies directly to the Obeah-man or woman; it is then made known
among his fellow blacks, that obi is set for the thief; and as soon as
the latter hears the dreadful news, his terrified imagination begins to
work, no resource is left but in the superior skill of some more
eminent Obeah-man of the neighbourhood, who may counteract the
magical operations of the other; but if no one can be found of higher
rank and ability; or if, after gaining such an ally, he should still fancy
himself affected, he presently falls into a decline, under the incessant
horror of impending calamities. The slightest painful sensation in the
head, the bowels, or any other part, any casual loss or hurt, confirms
his apprehensions, and he believes himself the devoted victim of an
invisible and irresistible agency. Sleep, appetite and cheerfulness
forsake him; his strength decays, his disturbed imagination is
haunted without respite, his features wear the settled gloom of
despondency: dirt, or any other unwholesome substance, becomes
his only food, he contracts a morbid habit of body, and gradually
sinks into the grave.”43.1 Superstition has killed him.
Similar evidence might doubtless be multiplied,
Conclusion. but the foregoing cases suffice to shew that
among many peoples and in many parts of the
world superstitious fear has operated as a powerful motive to deter
men from stealing. If that is so, then my second proposition may be
regarded as proved, namely, that among certain races and at certain
times superstition has strengthened the respect for private property
and has thereby contributed to the security of its enjoyment.
IV.
MARRIAGE
I pass now to my third proposition, which is, that

Superstition as a among certain races and at certain times
prop of sexual
morality. superstition has strengthened the respect for
marriage, and has thereby contributed to a stricter
observance of the rules of sexual morality both among the married
and the unmarried. That this is true will appear, I think, from the
following instances.
Among the Karens of Burma “adultery, or
Adultery or fornication, is supposed to have a powerful
fornication
supposed by the influence to injure the crops. Hence, if there have
Karens to blight the been bad crops in a village for a year or two, and
crops. the rains fail, the cause is attributed to secret sins
of this character, and they say the God of heaven
and earth is angry with them on this account; and all the villagers
unite in making an offering to appease him.” And
Pig’s blood used to when a case of adultery or fornication has come to
expiate the crime.
light, “the elders decide that the transgressors
must buy a hog, and kill it. Then the woman takes one foot of the
hog, and the man takes another, and they scrape out furrows in the
ground with each foot, which they fill with the blood of the hog. They
next scratch the ground with their hands and pray: ‘God of heaven
and earth, God of the mountains and hills, I have destroyed the
productiveness of the country. Do not be angry with me, do not hate
me; but have mercy on me, and compassionate me. Now I repair the
mountains, now I heal the hills, and the streams and the lands. May
there be no failure of crops, may there be no unsuccessful labours,
or unfortunate efforts in my country. Let them be dissipated to the
foot of the horizon. Make thy paddy fruitful, thy rice abundant. Make
the vegetables to flourish. If we cultivate but little, still grant that we
may obtain a little.’ After each has prayed thus, they return to the
house and say they have repaired the earth.”45.1 Thus, according to
the Karens adultery and fornication are not simply moral offences
which concern no one but the culprits and their families: they
physically affect the course of nature by blighting the earth and
destroying its fertility; hence they are public crimes which threaten
the very existence of the whole community by cutting off its food
supplies at the root. But the physical injury which these offences do
to the soil can be physically repaired by saturating it with pig’s blood.
Some of the tribes of Assam similarly trace a
Disastrous effects connexion between the crops and the behaviour of
ascribed to sexual
crime in Assam, the human sexes; for they believe that so long as
Bengal, and the crops remain ungarnered, the slightest
Annam.
incontinence would ruin all.45.2 Again, the
inhabitants of the hills near Rajamahal in Bengal imagine that
adultery, undetected and unexpiated, causes the inhabitants of the
village to be visited by a plague or destroyed by tigers or other
ravenous beasts. To prevent these evils an adulteress generally
makes a clean breast. Her paramour has then to furnish a hog, and
he and she are sprinkled with its blood, which is supposed to wash
away their sin and avert the divine wrath. When a village suffers from
plague or the ravages of wild beasts, the people religiously believe
that the calamity is a punishment for secret immorality, and they
resort to a curious form of divination to discover the culprits, in order
that the crime may be duly expiated.45.3 The Khasis of Assam are
divided into a number of clans which are exogamous, that is to say,
no man may marry a woman of his own clan. Should a man be found
to cohabit with a woman of his own clan, it is treated as incest and is
believed to cause great disasters; the people will be struck by
lightning or killed by tigers, the women will die in child-bed, and so
forth. The guilty couple are taken by their clansmen to a priest and
obliged to sacrifice a pig and a goat; after that they are made
outcasts, for their offence is inexpiable.46.1 The Orang Glai, a savage
tribe in the mountains of Annam, similarly suppose that illicit love is
punished by tigers, which devour the sinners. If a girl is found with
child, her family offers a feast of pigs, fowls, and wine to appease the
offended spirits.46.2
The Battas of Sumatra in like manner think that if an unmarried
woman is with child, she must be given in marriage at once, even to
a man of lower rank; for otherwise the people will
Similar views held be infested with tigers, and the crops in the fields
by the Battas of
Sumatra. will not be abundant. They also believe that the
adultery of married women causes a plague of
tigers, crocodiles, or other wild beasts. The crime of incest, in their
opinion, would blast the whole harvest, if the wrong were not
speedily repaired. Epidemics and other calamities that affect the
whole people are almost always traced by them to incest, by which is
to be understood any marriage that conflicts with their customs.46.3
The natives of Nias, an island to the west of Sumatra, imagine that
heavy rains are caused by the tears of a god weeping at the
commission of adultery or fornication. The punishment for these
crimes is death. The two delinquents, man and woman, are buried in
a narrow grave with only their heads projecting above ground; then
their throats are stabbed with a spear or cut with a knife, and the
grave is filled up. Sometimes, it is said, they are buried alive.
However, the judges are not always incorruptible and the injured
family not always inaccessible to the allurement of gain; and
pecuniary compensation is sometimes accepted as a sufficient salve
for wounded honour. But if the wronged man is a chief, the culprits
must surely die. As a consequence, perhaps, of this severity, the
crimes of adultery and fornication are said to be far less frequent in
Nias than in Europe.47.1
Similar views prevail among many tribes in
Similar views Borneo. Thus in regard to the Sea Dyaks we are
among the tribes of
Borneo. told by Archdeacon Perham that “immorality
among the unmarried is supposed to bring a
plague of rain upon the earth, as a punishment inflicted by Petara. It
must be atoned for with sacrifice and fine. In a
Excessive rains function which is sometimes held to procure fine
thought by the
Dyaks to be caused weather, the excessive rain is represented as the
by sexual offences. result of the immorality of two young people.
Petara is invoked, the offenders are banished from
their home, and the bad weather is said to cease. Every district
traversed by an adulterer is believed to be accursed of the gods until
the proper sacrifice has been offered.”47.2 When rain pours down day
after day and the crops are rotting in the fields, these Dyaks come to
the conclusion that some people have been secretly indulging in
lusts of the flesh; so the elders lay their heads together and
adjudicate on all cases of incest and bigamy, and purify the earth
with the blood of pigs, which appears to these
Blood of pigs shed savages, as sheep’s blood appeared to the
to expiate incest
and unchastity. ancient Hebrews, to possess the valuable property
of atoning for moral guilt. Not long ago the
offenders, whose lewdness had thus brought the whole country into
danger, would have been punished with death or at least slavery. A
Dyak may not marry his first cousin unless he first performs a special
ceremony called bergaput to avert evil consequences from the land.
The couple repair to the water-side, fill a small pitcher with their
personal ornaments, and sink it in the river; or instead of a jar they
fling a chopper and a plate into the water. A pig is then sacrificed on
the bank, and its carcase, drained of blood, is thrown in after the jar.
Next the pair are pushed into the water by their friends and ordered
to bathe together. Lastly, a joint of bamboo is filled with pig’s blood,
and the couple perambulate the country and the villages round
about, sprinkling the blood on the ground. After that they are free to
marry. This is done, we are told, for the sake of the whole country, in
order that the rice may not be blasted by the marriage of cousins.48.1
Again, we are informed that the Sibuyaus, a Dyak tribe of Sarawak,
are very careful of the honour of their daughters, because they
imagine that if an unmarried girl is found to be with child it is
offensive to the higher powers, who, instead of always chastising the
culprits, punish the tribe by visiting its members with misfortunes.
Hence when such a crime is detected they fine the lovers and
sacrifice a pig to appease the angry powers and to avert the
sickness or other calamities that might follow. Further, they inflict
fines on the families of the couple for any severe accident or death
by drowning that may have happened at any time within a month
before the religious atonement was made; for they regard the
families of the culprits as responsible for these mishaps. The fines
imposed for serious or fatal accidents are heavy; for simple wounds
they are lighter. With the fear of these fines before their eyes parents
keep a watchful eye on the conduct of their daughters. Among the
Dyaks of the Batang Lupar river the chastity of the unmarried girls is
not so strictly guarded; but in respectable families, when a daughter
proves frail, they sacrifice a pig and sprinkle its blood on the doors to
wash away the sin.48.2 The Hill Dyaks of Borneo abhor incest and do
not allow the marriage even of cousins. In 1846 the Baddat Dyaks
complained to Mr. Hugh Low that one of their chiefs had disturbed
the peace and prosperity of the village by marrying his own
granddaughter. Since that disastrous event, they said, no bright day
had blessed their territory; rain and darkness alone prevailed, and
unless the plague-spot were removed, the tribe would soon be
ruined. The old sinner was degraded from office, but apparently
allowed to retain his wife; and the domestic brawls between this ill-
assorted couple gave much pain to the virtuous villagers.49.1
Among the pagan tribes of Borneo in general,
Incest punished but of Sarawak in particular, “almost all offences
with death by the
pagan tribes of are punished by fines only. Of the few offences
Borneo. which are felt to require a heavier punishment, the
one most seriously regarded is incest. For this
offence, which is held to bring grave peril to the whole house,
especially the danger of starvation through failure of the padi crop,
two punishments have been customary. If the guilt of the culprits is
perfectly clear, they are taken to some open spot on the river-bank at
some distance from the house. There they are thrown together upon
the ground and a sharpened bamboo stake is driven through their
bodies, so that they remain pinned to the earth. The bamboo, taking
root and growing luxuriantly on this spot, remains as a warning to all
who pass by; and, needless to say, the spot is looked on with horror
and shunned by all men. The other method of punishment is to shut
up the offenders in a strong wicker cage and to throw them into the
river. This method is resorted to as a substitute for the former one,
owing to the difficulty of getting any one to play the part of
executioner and to drive in the stake, for this involves the shedding
of the blood of the community. The kind of incest most commonly
committed is the connection of a man with an adopted daughter, and
(possibly on account of this frequency) this is the kind which is most
strongly reprobated.… The punishment of the incestuous couple
does not suffice to ward off the danger brought by them upon the
community. The household must be purified with the blood of pigs
and fowls; the animals used are the property of the offenders or of
their family; and in this way a fine is imposed. When any calamity
threatens or falls upon a house, especially a great rising of the river
which threatens to sweep away the house or the tombs of the
household, the Kayans are led to suspect that incestuous
intercourse in their own or in neighbouring houses has taken place;
and they look round for evidences of it, and sometimes detect a case
which otherwise would have remained hidden. It seems probable
that there is some intimate relation between this belief and the
second of the two modes of punishment described above; but we
have no direct evidence of such connection. All the other peoples
also, except the Punans, punish incest with death. Among the Sea
Dyaks the most common form of incest is that between a youth and
his aunt, and this is regarded at least as seriously as any other
form.”50.1
Nor is it the heinous crime of incest alone which
Evil and confusion in the opinion of the Sea Dyaks endangers the
supposed by the
Dyaks to be whole community. The same effect is supposed to
wrought by follow whenever an unmarried woman is found
fornication. with child and cannot or will not name her seducer.
“The greatest disgrace,” we are told, “is attached
to a woman found in a state of pregnancy, without being able to
name her husband; and cases of self-poisoning, to avoid the shame,
are not of unusual occurrence. If one be found in this state, a fine
must be paid of pigs and other things. Few even of the chiefs will
come forward without incurring considerable responsibility. A pig is
killed, which nominally becomes the father, for want, it is supposed,
of another and better one. Then the surrounding neighbours have to
be furnished with a share of the fine to banish the Jabu, which exists
after such an event. If the fine be not forthcoming, the woman dare
not move out of her room, for fear of being molested, as she is
supposed to have brought evil (kudi) and confusion upon the
inhabitants and their belongings.”50.2
The foregoing accounts refer especially to the
Similar beliefs and tribes of Borneo under British rule; but similar
customs among the
tribes of Dutch ideas and customs prevail among the kindred
Borneo. tribes of Dutch Borneo. Thus the Kayans or
Bahaus in the interior of the island believe that adultery is punished
by the spirits, who visit the whole tribe with failure of the crops and
other misfortunes. Hence in order to avert these evil consequences
from the innocent members of the tribe, the two culprits, with all their
possessions, are first placed on a gravel bank in the middle of the
river, in order to isolate or, in electrical language, to insulate them
and so prevent the moral or rather physical infection from spreading.
Then pigs and fowls are killed, and with the blood priestesses smear
the property of the guilty pair in order to disinfect it. Finally, the two
are placed on a raft, with sixteen eggs, and allowed to drift down
stream. They may save themselves by plunging into the water and
swimming ashore; but this is perhaps a mitigation of an older
sentence of death by drowning, for young people still shower long
grass stalks, representing spears, at the shamefaced and dripping
couple.51.1 Certain it is, that some Dyak tribes used to punish incest
by fastening the man and woman in separate baskets laden with
stones and drowning them in the river. By incest they understood the
cohabitation of parents with children, of brothers with sisters, and of
uncles and aunts with nieces and nephews. A Dutch resident had
much difficulty in saving the life of an uncle and niece who had
married each other; finally he procured their banishment to a distant
part of Borneo.51.2 The Blu-u Kayans, another tribe in the interior of
Borneo, believe that an intrigue between an unmarried pair is
punished by the spirits with failure of the harvest, of the fishing, and
of the hunt. Hence the delinquents have to appease the wrath of the
spirits by sacrificing a pig and a certain quantity of rice.51.3 In Pasir, a
district of Eastern Borneo, incest is thought to bring dearth,
epidemics, and all sorts of evils on the land.51.4 In the island of
Ceram a man convicted of unchastity has to smear every house in
the village with the blood of a pig and a fowl: this is supposed to wipe
out his guilt and ward off misfortunes from the village.51.5
When the harvest fails in Southern Celebes, the
Failure of the crops Macassars and Bugineese regard it as a sure sign
and other disasters
thought to be that incest has been committed and that the spirits
caused by incest in are angry. In the years 1877 and 1878 it happened
Celebes. that the west monsoon did not blow and that the
rice crop in consequence came to nothing; moreover many buffaloes
died of a murrain. At the same time there was in the gaol at Takalar a
prisoner, who had been formerly accused of incest. Some of the
people of his district begged the Dutch governor to give the criminal
up to them, for according to the general opinion the plagues would
never cease till the guilty man had received the punishment he
deserved. All the governor’s powers of persuasion were needed to
induce the petitioners to return quietly to their villages; and when the
prisoner, having served his time, was released shortly afterwards, he
was, at his own request, given an opportunity of sailing away to
another land, as he no longer felt safe in his own country.52.1 Even
when the incestuous couple has been brought to
Disastrous effects justice, their blood may not be shed; for the people
supposed to follow
from shedding the think that, were the ground to be polluted by the
blood of incestuous blood of such criminals, the rivers would dry up
couples on the and the supply of fish would run short, the harvest
ground.
and the produce of the gardens would miscarry,
edible fruits would fail, sickness would be rife among cattle and
horses, civil strife would break out, and the country would suffer from
other widespread calamities. Hence the punishment of the guilty is
such as to avoid the spilling of their blood: usually they are tied up in
a sack and thrown into the sea to drown. Yet they get on their
journey to eternity the necessary provisions, consisting of a bag of
rice, salt, dried fish, coco-nuts, and other things, among which three
quids of betel are not forgotten.52.2 We can now perhaps understand
why the Romans used to sew up a parricide in a sack with a dog, a
cock, a viper, and an ape for company, and fling him into the sea.
They probably feared to defile the soil of Italy by spilling upon it the
blood of such a miscreant.52.3 Amongst the Tomori of Central
Celebes a person guilty of incest is throttled; no drop of his blood
may fall on the ground, for if it did, the rice would never grow again.
The union of uncle with niece is regarded by these people as incest,
but it can be expiated by an offering. A garment of the man and one
of the woman are laid on a copper vessel; the blood of a sacrificed
animal, either a goat or a fowl, is allowed to drip on the garments,
and then the vessel with its contents is set floating down the river.53.1
Among the Tololaki, another tribe of Central Celebes, persons who
have defiled themselves with incest are shut up in a basket and
drowned. No drop of their blood may be spilt on the ground, for that
would hinder the earth from ever bearing fruit again.53.2 Among the
Bare’e-speaking Toradjas of Central Celebes in general the penalty
for incest, that is for the sexual intercourse of parents with children or
of brothers with sisters, is death. But whereas the death-sentence for
adultery is executed with a spear or a sword, the death-sentence for
incest is usually executed among the inland tribes by clubbing or
throttling; for were the blood of the culprits to drip on the ground, the
earth would be rendered barren. The people on the coast put the
guilty pair in a basket, weight it with stones, and fling it into the sea.
This prescribed manner of putting the incestuous to death, we are
informed, makes the execution very grievous. However, the writers
who furnish us with these particulars and who have lived among the
people on terms of intimacy for many years, add that “incest seldom
occurs, or rather the cases that come to light are very few.”53.3 In
some districts of Central Celebes, the marriage of cousins, provided
they are children of two sisters, is forbidden under pain of death; the
people think that such an alliance would anger the spirits, and that
the rice and maize harvests would fail. Strictly speaking, two such
cousins who have committed the offence should be tied together,
weighted with stones, and thrown into water to drown. In practice,
however, the culprits are spared and their sin expiated by shedding
the blood of a buffalo or a goat. The blood is mixed with water and
sprinkled on the rice-fields or poured on the maize-fields, no doubt in
order to appease the angry spirits and restore its fertility to the tilled
land. The natives of these districts believe that were a brother and
sister to commit incest, the ground on which the tribe dwells would
be swallowed up. If such a crime takes place, the guilty pair are tied
together, their feet weighted with stones, and thrown into the sea.54.1
When it rains in torrents, the Galelareese of
Excessive rains, Halmahera, another large East Indian island, say
earthquakes, and
volcanic eruptions that brother and sister, or father and daughter, or
supposed to be in short some near kinsfolk are having illicit
produced by incest relations with each other, and that every human
in Halmahera.
being must be informed of it, for then only will the
rain cease to descend. The superstition has repeatedly caused blood
relations to be accused, rightly or wrongly, of incest. Further, the
people think that alarming natural phenomena, such as a violent
earthquake or the eruption of a volcano, are caused by crimes of the
same sort. Persons charged with such offences are brought to
Ternate; it is said that formerly they were often drowned on the way
or, on being haled thither, were condemned to be thrown into the
volcano.54.2 In the Banggai Archipelago, to the east of Celebes,
earthquakes are explained as punishments inflicted by evil spirits for
indulgence in illicit love.54.3
In some parts of Africa, also, it is believed that
Breaches of sexual breaches of sexual morality disturb the course of
morality thought to
blight the fruits of nature, particularly by blighting the fruits of the
the earth and earth; and probably such views are much more
otherwise disturb widely diffused in that continent than the scanty
the course of nature
in Africa. and fragmentary evidence at our disposal might
lead us to suppose. Thus, the negroes of Loango,
in West Africa, imagine that the commerce of a man with an
immature girl is punished by God with drought and consequent
famine until the transgressors expiate their transgression by dancing
naked before the king and an assembly of the people, who throw hot
gravel and bits of glass at the pair as they run the gauntlet. The rains
in that country should fall in September, but in 1898 there was a long
drought, and when the month of December had nearly passed, the
sun-scorched stocks of the fruitless Indian corn shook their rustling
leaves in the wind, the beans lay shrivelled and black on the ruddy
soil, and the shoots of the sweet potato had flowered and withered
long ago. The people cried out against their rulers for neglecting their
duty to the primeval powers of the earth; the priests of the sacred
groves had recourse to divination and discovered that God was
angry with the land on account of the immorality of certain persons
unknown, who were not observing the traditions and laws of their
God and country. The feeble old king had fled, but the slave who
acted as regent in his room sent word to the chiefs that there were
people in their towns who were the cause of God’s wrath. So every
chief called his subjects together and caused enquiries to be made,
and then it was discovered that three girls had broken the customs of
their country; for they were with child before they had passed
through what is called the paint-house, that is, before they had been
painted red and secluded for a season in token that they had
attained to the age of puberty. The people were incensed and
endeavoured to punish or even kill the three girls; and the English
writer who has recorded the case has thought it worth while to add
that on the very morning when the culprits were brought before the
magistrate rain fell.55.1 Amongst the Bavili of Loango, who are
divided into totemic clans, no man is allowed to marry a woman of
his mother’s clan; and God is believed to punish a breach of this
marriage law by withholding the rains in their due season.56.1 Similar
notions of the blighting influence of sexual crime appear to be
entertained by the Nandi of British East Africa; for we are told that
when a warrior has got a girl with child, she “is punished by being put
in Coventry, none of her girl friends being allowed to speak to or look
at her until after the child is born and buried. She
Sexual purity is also regarded with contempt for the rest of her
required of those
who handle corn or life and may never look inside a granary for fear of
enter a granary. spoiling the corn.”56.2 Among the Basutos in like
manner “while the corn is exposed to view, all
defiled persons are carefully kept from it. If the aid of a man in this
state is necessary for carrying home the harvest, he remains at
some distance while the sacks are filled, and only approaches to
place them upon the draught oxen. He withdraws as soon as the
load is deposited at the dwelling, and under no pretext can he assist
in pouring the corn into the basket in which it is preserved.”56.3 The
nature of the defilement which thus disqualifies a man from handling
the corn is not mentioned, but we may conjecture that unchastity
would fall under this general head. For amongst the Basutos after a
child is born a fresh fire has to be kindled in the dwelling by the
friction of wood, and this must be done by a young man of chaste
habits; it is believed that an untimely death awaits him who should
dare to discharge this holy office after having lost his innocence.56.4
In Morocco whoever enters a granary must first remove his slippers
and must be sexually clean. Were an unclean person to enter, the
people believe not only that the grain would lose its blessed
influence (baraka), but that he himself would fall ill. A Berber told Dr.

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Academic direction by:

King’s College London

The London School of Economics

u Dr Beverley Brown, Associate Lecturer, Birkbeck School of Law, University of

u Professor Adam Gearey was responsible for Chapter 14.

Published by: University of London

4 Looking for a topic . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

5 Finding the question . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

9 Research I: using the Online Library resources . . . . . . . . . . . . . 83

10 Research II: researching in the digital age . . . . . . . . . . . . . . . . 93

11 Research III: research journal and example journal . . . . . . . . . . 103

12 Quick reading skills . . . . . . . . . . . . . . . . . . . . . . . . . . 111

13 Grasping ‘the literature’ . . . . . . . . . . . . . . . . . . . . . . . . 123

14 Critical thinking . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

15 Working with a supervisor . . . . . . . . . . . . . . . . . . . . . . . 139

17 Preparing to submit/submission checklist . . . . . . . . . . . . . . . 163

Courses on which this module is offered

Notional study time

MODULE PURPOSE AND OVERVIEW

LEARNING OUTCOMES: KNOWLEDGE

u Identify a research topic and write a research proposal;

u Explain the methodological basis employed in their research;

u Demonstrate technical proficiency in the techniques of data acquisition and

LEARNING OUTCOMES: SKILLS

u Assess the arguments of primary source materials against relevant secondary

u Critically evaluate different interpretations;

u Synthesise relevant doctrinal and policy issues in relation to the topic;

u Construct conclusions in a clear, logically structured, analytical and independently

u Plan and manage their own learning.

BENCHMARK FOR LEARNING OUTCOMES

LEARNING AND TEACHING

The Laws Virtual Learning Environment

u a complete version of the module guide and relevant templates;

The Online Library

u the professional legal databases LexisLibrary and Westlaw;

u cases and up-to-date statutes;

u key academic law journals;

u links to important websites

a) electronic submission of a 10,000-word dissertation;

b) A certain number of students may be asked to participate in a viva (oral

1.1 Formal matters in a nutshell . . . . . . . . . . . . . . . . . . . . . . . 3

1.2 The Laws Dissertation guide . . . . . . . . . . . . . . . . . . . . . . . 4

1.3 Structure of the Laws Dissertation guide . . . . . . . . . . . . . . . . . 4

1.4 Learning activities and the importance of self-evaluation . . . . . . . . . 5

1.5 Laws VLE, Online Library and other useful materials . . . . . . . . . . . . 6

u What exactly is a dissertation?

u What is expected of me?