77697 Higher Degree Research Seminar
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Credit points: 8 cp
Result type: Grade and marks
There are course requisites for this subject. See access conditions.
Description
This subject is designed to prepare higher degree research students in law for undertaking and writing a research thesis. Through a series of seminars and workshops, students are provided with a thorough grounding in the components of an effective research strategy and positioned to produce a written research proposal directed towards preparation for their Candidature Assessment at the end of stage one.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Demonstrate knowledge of the broad contexts of legal research, the different constituencies of that research and various research methodologies |
|---|---|
| 2. | Demonstrate ability to critically analyse and evaluate literature in order to prepare a comprehensive and critical review of the field, articulate complex issues, situate the research project in the field and frame research questions |
| 3. | Demonstrate sophisticated creative and cognitive skills in designing a thesis project, developing an appropriate research methodology and formulating a research proposal |
| 4. | Demonstrate ability to execute a written research proposal that demonstrates advanced critical thinking, academic writing and research skills |
| 5. | Demonstrate ability to present a research proposal to an audience of scholars |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal knowledge
An advanced and integrated understanding of a complex body of legal knowledge, including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (GA1.0) - Critical analysis and evaluation
A capacity to think critically, strategically and creatively, including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (GA3.0) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (GA4.0) - Communication and collaboration (5ASpeaking, 5B writing, 5C collaboration)
Effective and appropriate professional 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 (GA5.0)
Teaching and learning strategies
Strategy 1: The substantive content of this subject will be taught in spring semester in the first year of their candidature. This is so students come into the subject having already undertaken preliminary research and some redevelopment and refining of their original proposal.
Strategy 2: This substantive content of this subject will be taught in 8 x 3 hour small groups using a combination of seminar-style discussions and workshops.
Strategy 3: Class presentations - each student will present a revised research proposal. It is anticipated that the revised research proposal will later form the basis of the student’s candidature assessment material. This combination of written and oral presentation of the refined research plan will replace the practice candidature assessment trialled by ADR in 2012.
Subject Delivery
This subject is delivered in a mix of online (5) seminars and on campus workshops (3). The online seminars are scheduled for up to 3 hours, in person workshop times will be advised.
Content (topics)
- Research tools
- Managing and storing data
- Writing a thesis, Supervision, thesis management and developing a Doctoral Study Plan (DSP)
- Starting a legal research project: The nature of legal research, expectations of post graduate research, formulating research questions and introduction to research methodology.
- Situating the research project: reviewing the literature, key concepts, problems, issues, research approaches, and significance and innovation of research.
- Designing a legal research project and Introduction to conceptual frameworks and legal research methodologies.
- Research methodologies in Depth.
- Application of research methodology to your topic.
- Developing your literature review.
- Research Proposal and Class Presentation.
- Chapter plan.
Assessment
Assessment task 1: In-Class Assessment Activities
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: GA1.0, GA3.0, GA4.0 and GA5.0 |
|---|---|
| Weight: | 50% |
Assessment task 2: Revised Research Proposal
| 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: GA1.0, GA3.0, GA4.0 and GA5.0 |
|---|---|
| Weight: | 50% |
| Length: | 3000 words |
Required texts
Terry Hutchinson, Researching and Writing in Law, (4th ed 2018, Lawbook)
Australian Guide to Legal Citation (4th ed 2018) available online at https://law.unimelb.edu.au/__data/assets/pdf_file/0011/3090935/AGLC4-with-Bookmarks.pdf
Recommended texts
Dawn Watkins and Mandy Burton (eds) Research Methods in Law (2nd ed, 2018, Routledge).
References
Michele Asprey, Plain Language for Lawyers (4th ed, 2010).
Wayne Booth, Gregory Colomb, Joseph Williams, Joseph Bizup and William Fitzgerald, The Craft of Research (4th ed, 2016).
Bruce Bott and Ruth Talbot-Stokes, Nemes and Coss' Effective Legal Research, (8th ed, 2022).
Judith Bell and Stephen Waters, Doing your Research Project: A Guide for First-Time Researchers in Education and Social Science. (Open University Press, 7th ed, 2018).
Alan Bryman, Social Research Methods (2012, OUP).
Peter Cane and Herbert Kritzer (eds), The Oxford Handbook of Empirical Legal Research (OUP, 2010).
Cook, Creyke, Geddes and Hamer, Laying Down the Law (7th ed, 2009).
P Cryer, The Research Students Guide to Success. (Open University Press, 3rd ed, 2006).
Margaret Davies, Asking the Law Question (3rd ed, 2008).
S Delamont, Supervising the PhD: A Guide to Success. (Open University Press, 3rd ed, 2006).
Carey Denholm and Terry Evans (eds) Doctorates Downunder (ACER press, 2nd ed, 2012).
Norman Denzin and Yvonna Lincoln (eds), The Landscape of Qualitative Research (1998).
Norman Denzin and Yvonna Lincoln (eds), Strategies of Qualitative Inquiry. (Sage, 1998).
David Evans and Paul Gruba, How to Write a Better Thesis (2nd ed, 2002).
Foster, S, How to Write Better Law Essays (2007).
N Graves and Verma, V, Working for a Doctorate: A Guide for the Humanities and Social Sciences. (Routledge, 1997).
Tony Greenfield (ed), Research Methods for Postgraduates (2nd ed, 2002).
Rupert Haigh, Legal English (2008).
Simon Halliday, Conducting Law and Social Research: Reflections on Methods and Practices (2009).
Mark Israel and Iain Hay, Research Ethics for Social Scientists: Between Ethical Conduct and Regulatory
Compliance (2006).
Ros Macdonald and Deborah Clark-Dickson, Clear and Precise: Writing Skills for Today's lawyer (2nd ed, 2005).
Tim May, Social Research: Issues, Methods and Process (2nd ed, 1997).
Mike McConville and Wing Hong Chui, Research Methods for Law (2007).
Margaret McKerchar, Design and Conduct of Research in Tax, Law and Accounting (2010).
M Meehan, Grammar for Lawyers (2007).
Sue Milne and Kay Tucker, A Practical Guide to Legal Research (2008).
Caroline Morris and Cian Murphy, Getting a PHD in Law (Hart Publishing, 2011).
R Murray, How to Write a Thesis. (Open University Press, 3ed ed, 2011).
Keith Punch, Developing Effective Thesis Proposals (2000).
Gordon Rugg and Marian Petrie, A Gentle Guide to Research Methods (2007).
Michael Salter and Julie Mason, Writing Law Dissertations: An Introduction and Guide to the Conduct of Legal
Research (2007).
Anita Stuhmcke, Legal Referencing (5th ed, 2019).
Mark Van Hoecke (ed) Methodologies of Legal Research: Which kind of Method for what kind of discipline? (2011, Hart).
Rob Watt and Francis Johns, Concise Legal Research, (6th ed, 2009).