Research Proposal for Law

Guidance on Writing a Research Proposal

Every application to study for a research degree (PhD or MPhil) in Law must be accompanied by an outline of the proposed research. This statement of proposed research is important for two main reasons:

·       Law Schools can only admit candidates for whom adequate supervision and facilities are available. The proposal provides the information to enable the admission office to assess this.

·       Most Law Schools receive many more applications than they have places available, and the quality of the research proposal is one factor in deciding whom to admit to the research students Programme.

The following guidance is designed to assist you in drafting a suitable research proposal. Once you have read this guidance you should:

·        Have a look at specific examples of PhD proposals which are provided for you on the UniAdmission website.

·       (If possible) have a look also at some PhD theses in your own area of interest, which have been successfully submitted at a UK university. (Most UK universities have copies in the library of all successful PhDs).

PhD proposals: choice of subject

The most fundamental point is that the subject chosen must be suitable for study for a PhD degree. It must be chosen bearing in mind both:

·     the length of the project and

·     the standards for the relevant degree.

A PhD degree normally reflects three years of full time study. Potential candidates often overestimate the ground which is reasonably possible to cover in this time period, and, as a result, the general tendency is for proposals to be too ambitious in their scope.

As for the standards involved, it should be emphasised that a PhD thesis must show "originality and innovation".

As will be obvious from these considerations, it is not normally adequate for a PhD simply to indicate that you wish to undertake a general review of an area of law on which there is already a significant existing literature. Projects which would be unsuitable, for example, on both the grounds referred to above, would be the following:

1.   a review of European Community law governing the enforcement of European law in national courts of Member States;

2.   an examination of international rules on social and cultural rights;

3.   an assessment of the current position regarding the protection of biodiversity through international conventions;

4.   problems in the law relating to international banking regulation;

5.   the development of international rules relating to electronic commerce;

6.   an assessment of English law relating to frustration of contract;

7.   a critical examination of the Dispute Settlement Mechanism of the World Trade Organisation.

This does not mean, of course, that it is not possible to pursue a PhD on these subjects. Rather, it means that any research in these areas will have to have a much more precise and narrow focus than is indicated above.

What type of project is suitable?

The following are just a few possible types of PhD project, together with specific examples of such projects. This list is non-exhaustive; there are many other possible approaches which could be taken.

·       An analysis of a specific area of law on which there is no significant existing literature. The aim of such a project could, for example, be to develop a coherent conceptual framework for presenting and developing the particular area of law; and/or to offer a critique of the substantive rules.

For example, a recent PhD has involved an examination and critical assessment of the new rules on inter-governmental settlement of trade disputes adopted in the context of trade agreements between the Association of South East Asian Nations.

·       An original empirical study on the operation or impact of a particular set of legal rules, which either goes beyond anything done before or seeks to test previous work.

For example, a project is concerned with the broad subject of remedies for enforcing EC law. It involves an analysis of how far firms actually use the remedies which they are given by European Community law in a very specific area, namely public procurement, and what factors influence their use (or non-use). The main objective of the study is to draw conclusions about the utility and development of enforcement strategy in this specific area of Community law.

·       An examination of a very specific problem within a broad area of law, in a manner which will develop the existing work on this subject. Such an examination may consist solely or mainly of library based or theoretical work, but may also involve consideration of data collected by others and (possibly) some original empirical work.

A further project concerns the broad area of international rules on social and cultural rights, but focuses within that area on certain aspects of developing a methodology for monitoring implementation. As is indicated in the proposal, some work has already been done on this. The proposal explains clearly, however, what is the extent of the existing work, and how the proposed project will contribute to the field.

A further project is concerned with the broad subject of preserving biodiversity, referred to above. It addresses, however, the very specific question of the extent to which scientific knowledge, as compared with economic or political considerations, have influenced the making and implementation of international environmental conventions, using conventions on biodiversity as a case study.

MPhil proposals: choice of subject

A MPhil topic like a PhD must be chosen bearing in mind both the length of the project and the standards for the relevant degree. The MPhil normally reflects two years of full time study, and, as with PhDs, there is a general tendency to overestimate the ground which it is reasonably possible to cover and to submit proposals which are too ambitious in their scope.

In general, the same considerations which apply to PhD proposals also apply to MPhil proposals. Proposals suitable for PhD study are also generally suitable for an MPhil, with the proviso that their scope must, of course, be narrower in order to be accommodated within the time frame for an MPhil. Frequently MPhil projects in practice show the same degree of "originality and innovation" required for a PhD, and differ only in so far as they are narrower in the extent of their coverage.

However, in contrast with the PhD, there is no absolute requirement for "originality and innovation" in a MPhil thesis. It is instead merely required that thesis should embody the results of "advanced" study and research. It is possible to satisfy this standard by undertaking a rigorous and critical review of work already completed in a particular field of law, without necessarily contributing anything new to the development of scholarship. The requirement of "advanced" study is, however, unlikely to be satisfied unless the chosen subject is sufficiently narrow for the candidate to examine the subject in depth.

The form of proposals

In general, a good proposal is normally about 500 and 1200 words long (one to two pages of A4 paper).

There is no set format for proposals. However, a good proposal will often deal, at least to some extent, with the following (with the order of material depending on the precise nature of the work):

·     A brief explanation of the general field of study.

·     An outline of the purpose of the proposed project and the research questions to be addressed.

·     A brief explanation of existing work done in this field.

·     An explanation of how the work will advance scholarship in the field.

·     The methodology to be used. (For example, will the work by mainly library based? What are the main types of literature sources? Will the work involve original empirical research and, if so, what will be the nature and extent of this research?).