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76040 Research Thesis

Warning: The information on this page is indicative. The subject outline for a particular semester, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

UTS: Law
Credit points: 6 cp

Subject level:

Undergraduate and Postgraduate

Result type: Grade and marks

Requisite(s): 70120 Legal Method and Research OR 70105 Legal Research
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 77740 Research Paper AND 78102 LLM Project by Research

Handbook description

This subject comprises the research and writing of a supervised thesis on an approved topic in law. The thesis is of a length within the range 8000 to 12,000 words. Undertaking this subject provides an opportunity for undergraduate law students to further develop and refine their legal research and writing skills, as well as explore and analyse a topic of law of their own choosing.

In most cases, the research thesis extends and develops research done in one, or more, of the elective subjects already undertaken. But in appropriate circumstances, a candidate may undertake a new topic.

It is a requirement under UTS: Law honours rules that this subject must be undertaken before a student can be awarded an undergraduate law degree with honours. Undergraduate students who are not in line to receive their law degree with honours are not normally approved to enrol in this subject. Students should consult the honours rules in the UTS: Handbook for information about requirements for the award of honours at graduation (note: from 1 January 2010 marks received for law exchange subjects are not included in any determination of marks either for application to undertake a research thesis or for the final award of the LLB with honours).

Early submission of proposal and form is encouraged. Forms are accepted and processed from Week 12 of the preceding semester. The last date to submit forms is two weeks before the commencement of semester to allow for processing.

Subject objectives/outcomes

This subject will assist students to develop graduate attributes by pursuing the following learning objectives. Students will undertake class activities to practise their development of these attributes, and will complete a range of assessment tasks designed to assess their attainment of the identified attributes.

  1. Define a research question and identify an appropriate methodology (GA Critical thinking)
  2. Exhibit critical thinking reflecting currency of research and breadth and depth of knowledge (GA Critical thinking; Analysis and evaluation; Disciplinary knowledge)
  3. Critically analyse and evaluate relevant primary and secondary material (GA Legal research and technological literacy;Critical thinking; Analysis and evaluation)
  4. Produce an original research thesis demonstrating an effective writing style and reflecting sound reasoning, clarity of thinking and compliance with style requirements (GA Critical thinking; Analysis and evaluation; Spoken and written communication)

Contribution to course aims and graduate attributes

The UTS, Faculty of Law has identified a number of professional attributes that graduates from the Faculty will possess upon graduation.
 

INTELLECTUAL
1.  Critical Thinking: An appropriate level of independent thinking, creativity and critical analysis.

2.  Analysis and Evaluation: An ability to strategically analyse issues of law, evaluate options and viewpoints to reach and implement decisions.

3.  Spoken and Written Communication: Advanced oral and written communication skills.

4.  Legal Research and Technological Literacy: Appropriate research techniques to acquire, distil and utilise legal information.


PROFESSIONAL
5.  Disciplinary Knowledge: A coherent and extensive knowledge of substantive and procedural law.

6.  Lifelong Learning: A capacity to continually update the knowledge skills and awareness appropriate to the practice of law.

7.  Ethics: A capacity to value and promote honesty, accountability and ethical standards.


PERSONAL
8.  Self and Cooperative Work Management: Self and priority management skills including cooperative work.

9.  Cultural Awareness and a Global Outlook: An appreciation and valuing of cultural and intellectual diversity and an ability to function in a global environment.

10. Social Justice: An acknowledgement and acceptance of individual responsibilities and obligations and of the assertion of the rights of the individual and the community.

Teaching and learning strategies

In this subject you are expected to engage in independent research under the guidance and supervision of your supervisor.

While there are no formal classes in this subject, all students are expected to attend the 76040 Research Thesis Workshop usually held in the week prior to the commencement of the semester.

You are expected to meet with your supervisor throughout the semester on a mutually agreed basis.

Content

The Research Thesis consists of an independent theoretical or empirical investigation of an approved topic in law. It is envisaged that the research thesis will build on existing abilities to write well-researched and critical essays, but goes beyond this in several fundamental ways as is apparent from the assessment criteria detailed below. The assessment for this subject consists of a supervised research thesis of 8,000 – 12,000 words (excluding footnotes/endnotes, appendices, tables and the bibliography).

Assessment

Assessment Item 1: Research Thesis

Objective(s):

all objectives

Weighting: 100%
Length: 8,000-12,000 words, excluding footnotes/endnotes, appendices, tables and the bibliography.
Criteria:
  • Development of a sustained thesis or argument
  • Understanding of the topic
  • Insight and originality
  • Level of analysis and critical evaluation
  • Research skills and use of authorities
  • Logical development
  • Conclusions
  • Presentation (Including presentation of footnotes/endnotes and bibliography in accordance with the Law Faculty's preferred style).

Required texts

Recommended texts

Recommended Reading

The following are recommended references for legal research, method, writing and referencing in general:

Legal method and legal research

•Wayne Booth, Gregory Colomb and Joseph Williams, The Craft of research Third Edition, 2008
•Cook C Creyke R Geddes R and Holloway, Laying Down the Law 7th ed Butterworths Australia (introductory). 8th Edition, 2012
•Norman Denzin and Yvonne Lincoln (eds), The Landscape of qualitative research 4th Edition, 2012
•Tony Greenfield, Research methods for postgraduates, 2nd Edition 2009
•Mark Israel and Iain Hay, Research ethics for social scientists: between ethical conduct and regulatory compliance (2006)
•MacAdam A and Pyke J, Judicial Reasoning and the Doctrine of Precedent in Australia, Butterworths Sydney 1998.
•Simon Halliday and Patrick Schmidt, Conducting law and society research : Reflections on methods and Practices, CUP (2009)
•Sue Milne and Kay Tucker, A Practical guide to legal research 2nd Edition 2010
•Mike McConville and Wing Hong Chui, Research methods for law, Columbia UP (2007)
•Pearce D C and Geddes R S, Statutory Interpretation in Australia, Butterworths Sydney 7th Edition 2011
•Keith Punch, Developing effective thesis proposals (2006) update
•Gordon Rugg and Marian Petrie, A Gentle guide to research methods (2007)
•Watt R, Concise Legal Research 6th ed The Federation Press Sydney 2009.

Legal writing

•Asprey M, Plain Language for Lawyers 3rd ed The Federation Press Sydney 4th Edition 2010
•David Evans and Paul Gruba , How to write a better thesis 3rd Edition, 2012
•Steve Foster, How to write better law essays 2nd Edition, 2009
•Rupert Haigh, Legal English 3rd Edition, 2012
•Hutchinson H Researching and Writing in Law Lawbook Co Sydney 2010.
•Ros Macdonald and Deborah Clark-Dickson, Clear and precise: writing skills for today’s lawyer 3rd Edition 2010
•Michael Meehan, Grammar for lawyers (2007)
•Michael Salter and Julie Mason, Writing law dissertations: an introduction and guide to the conduct of legal research (2007)