Law: Proposal and Dissertation Writing

As you will be spending a considerable amount of time on the dissertation, you have to justify this endeavour to yourself, your supervisor and your examiners. Moreover, if the problem is significant, the solution or answer to the problem will be equally important. The significance of the problem may lie in a number of areas. In the case of divergent judgments on an issue, the conflict creates confusion and conflict in practice. The importance could lie in poor service delivery because of badly designed governance structures. Overall, the aim is to state the importance of the research that you will be doing.

Given the problem outlined and having shown its significance, a research question must be formulated that it captures the problem statement. What is the issue or problem that you want to answer? This is a short, concise statement that hones the problem statement into one or more questions.

Very important is that this research question must have a legal focus. It is the legal question you want to answer. Although sub-questions may include issues of development, etc., the main focus must be on some form of law/regulation,etc.

This should also be a measurable question. Indicating your research question as "Examining the effectiveness of insider trading legislation" is not feasible. How will you measure the effectiveness of this legislation?

Having done the reading of the relevant materials you have by now developed a tentative argument or an answer to the problem. You need to state upfront how you will be addressing the problem, what will be the answer or solution. This argument is what binds the dissertation together – providing the central measuring rod in deciding whether any material is relevant or not.

When you start off the proposal writing, you will have some idea of what the answer / argument will be. However, as you develop and substantiate the argument in the various chapters through your thorough engagement with the materials, you may find that the argument is refined, adapted, or changed. This is totally acceptable and even expected. Therefore, while the proposal signals the commencement of the dissertation (and is chapter 1 of the dissertation), it may also be last piece that you write in order to reflect the refinement and reshaping of the argument that occurred along the way.

The criterion by which you will be measured is whether your dissertation has added or contributed to knowledge on the topic. What is the point of the dissertation if the problem has already been solved or the issue addressed?

You must demonstrate the originality of the argument by showing how it compares with the existing literature on the issue. This is done by reading extensively around the issue to determine what other authors have written. In some cases, when you have described the literature on the topic (who wrote and what did they say – not a listing of article or book titles!), you may conclude that no one has yet addressed the particular issue, and therefore, you will provide a unique contribution. Even if you find that the issue has been addressed, you may conclude that it was wrongly or inadequately done. You may argue, for example, that the academic interpretation of a line of court judgments was wrong. The academic enterprise is about challenging accepted views and doctrines.

The focus in the literature survey is on “literature”, namely what other scholars have written. This is not the place to describe the Constitution, legislation or court cases.

The main purpose of the literature survey is to:

(A) Indicate what has been written on the subject and

(B) What will your contribution be? ie, What has not been covered by the literature? How will you contribute?

The bulk of the dissertation is devoted to substantiating the argument. This is done through breaking down your argument into its basic components and devoting a chapter to each component. In the proposal the chapters are outlined, showing how each form part of the argument and contributes to the answer or solution. This is not done by just providing chapter headings. You have to indicate whatthe purpose is of each chapter and what will be argued in that chapter. The emphasis falls on the logical flow of the argument and how each chapter contributes to that flow.

This should be done by way of a brief paragraph description of what will be covered in each proposed chapter.

Having outlined how the argument will be substantiated in the various chapters, you have to show how you will go about this task. What are the materials that you will rely on? What is the methodology that you will follow? If you are analysing court judgments, your primary source of information are case reports. A further primary source of information is legislation, official documents, policies, notices, etc. A secondary source is what other authors have written about the same cases or legislation in the relevant field. As all these materials are found in a library or the internet you may refer to it as a desktop study.

You may want to use empirical data in substantiating your argument. There are a variety ways of collecting such data. Official sources may be used. Newspapers may also be referred to. You may even venture out and collect your own data by, for example, conducting interviews, or inspecting court records. In the case of interviews you need ethical clearance from the University’s Senate Research Committee.

If you are going to do a comparative research, you must explain why, indicate your comparators (comparative countries, etc.) and you must explain why you are using these specific comparators.

In the context of your proposal (and later in chapter 1 of the dissertation), it may be necessary to define some key concepts that will be used in the chapters. This is done to provide the necessary clarity when confusion and ambiguity may be present.

All the materials referred to in the proposal must be listed alphabetically in the bibliography. Use the following main headings:

• Laws, regulation and other legal instruments
• Other government publications: policies, reports, etc.
• Case law
• Books, chapters in books, articles, reports, internet sources