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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 70102 Foundations of Law
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 in the range of 8000 to 12,000 words in length. 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.

It is a requirement under the UTS: Law honours rule 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 the proposal and form is encouraged. Forms are accepted and processed from Week 12 of the preceding semester. The last date to submit forms is the Friday, two weeks before the start of semester, to allow for processing.

Subject objectives

Upon successful completion of this subject students should be able to:

1. define a research question and identify an appropriate methodology;
2. demonstrate critical thinking reflecting currency of research and breadth and depth of knowledge;
3. critically analyse and evaluate relevant primary and secondary material;
4. produce an original research thesis demonstrating an effective writing style and reflecting sound reasoning, clarity of thinking and compliance with style requirements.

This subject also contributes specifically to the development of the following graduate attributes:

  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0)
  • Communication and Collaboration
    Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
  • Self management
    The ability to implement appropriate self-management and lifelong learning strategies including initiating self-directed work and learning, judgment and responsibility, self assessment of skills, personal wellbeing and appropriate use of feedback and, a capacity to adapt to and embrace change. (6.0)

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 Coursework Research Workshop usually held in the first week of the semester.

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

Content

The research 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 listed in the ‘Assessment’ section of the subject outline. 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 task 1: Research Thesis

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

3.0, 4.0, 5.0 and 6.0

Weight: 100
Length: 8,000-12,000 words, excluding footnotes/endnotes, appendices, tables and the bibliography.
Criteria:

The criteria for assessing your Research Thesis reflect the aims and objectives of the subject. More specifically, any marker will be concerned to see whether and if so to what extent you have:

  • presented a sustained thesis or argument supported by critically evaluated evidence,
  • understood the topic,
  • demonstrated originality and insight (The Research Thesis should not merely be a collection of findings from literature. Rather, it should aim to draw together information from different sources (research, theory etc.) to address an area of inquiry by using literature or ideas that may never have been combined in this way before; by uncovering themes and patterns in your research; by interpreting or analysing existing literature or adding to the existing dialogue or debate on the topic).
  • demonstrated a high level of analysis and critically evaluation of the various issues raised by the topic,
  • demonstrated a high level of resolved discussion of the topic,
  • demonstrated a framework that articulates the overall approach to the discussion and (where appropriate) made explicit what theory, conceptual approach or model that has been brought to bear on the discussion of the topic,
  • developed reasoned, coherent and persuasive arguments,
  • demonstrated a logical progression to a conclusion,
  • researched your topic area to find and relevant (including up-to-date) materials, from both primary and secondary sources,
  • engaged with a broad range of relevant materials and, if appropriate, explored materials from disciplines other than law,
  • demonstrated an ability to think, research and write in an independent manner,
  • presented footnotes/endnotes and the bibliography in accordance with the Law Faculty's
  • preferred style as set out in the UTS:LAW Guide to Written Communication], and
  • demonstrated a standard of editing and 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)