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Choosing a research topic

PhDs are supposed to contain an element of originality and innovation. Originality need not mean that you explore a wholly new concept. For instance, it might also include applying new methods or new theories to existing scholarship on the topic. They also need to be backed up by logically reasoned evidence and argument – whether that is provided by theoretical or empirical sources.

The types of thesis that could be constructed:

• An analysis of a specific area of law or criminology on which there is no significant existing literature. The lack of existing literature may be explained by the relative newness of the body of law and/or creation of institutions; or the previous lack of attention given to the practical impact of the chosen area of study. A thesis in this area might attempt to describe, explain and rationalise the development of this particular area of law and/ or critically analyse the content of the legal system being researched.

• An analysis applying, analysing, or evaluating existing studies in a new context. For instance, one might extend a study of one jurisdiction to another, providing comparative evidence that tests the applicability of existing research and enables the existing theory to be challenged, reconsidered, or expanded upon.

• An empirical study of  an area of law or criminology where there is existing doctrinal, conceptual, or theoretical literature, but limited empirical evidence to test those doctrines, concepts, or theories. Such an empirical study would still require a degree of originality but would be academically interesting if it offers a view of the area of study not previously attempted and/or allowed for an appraisal of the effectiveness of the law as it currently stands and is organised.

• An in-depth critical study of a specific aspect of law or criminology. Such an examination may consist solely or mainly of library based or theoretical work, or include an element of socio-legal research. As well as recognising existing literature, such an approach needs to make clear how this project would build on and add to that work. The answer may be that the area of law or criminology has evolved or the work itself takes a very different approach to analysing the problem.

Before drafting a research proposal it is a good idea to consult with any academic contacts you already have for their feedback.

The Research Proposal

Applications must include an outline research proposal. If a proposal is submitted without a proposal it will be automatically rejected.

The application asks you to give a description of your research project, including the research questions to be addressed, the methodology to be used, the sources to be consulted and a brief timetable. Your proposal should be included in the application as a separate attachment, and distinguished from your supporting statement (if you include one).

There is no set format or page length for proposals, although to keep the proposal concise and clear while still providing enough information, we recommend limiting yourself to 3000-4000 words. Within your application it is useful to identify and bear in mind some or all of the following points:

The subject matter of the research

It is important that you demonstrate clearly the area that you intend to research and provide some indication that you are already knowledgeable in the area that you intend to research. This can be achieved through suitable references and/or by supplying a bibliography to support your application.

What the main aim(s) of your research will be

Research is about more than collating knowledge already in the public domain. Within your application you should indicate how you intend to add to the knowledge that you will be uncovering. Examples of potential aims include: adding to existing theory; disproving previous understandings; a critique of the current legal position; a defended positive/negative prognosis of the impact of a new legal provision; new empirically obtained findings. You may find it helpful to express your research aims as questions to be answered, or as aims to fulfil by doing the research. Try to limit the number of aims of your study as much as possible.

Why you think the project is worth doing

A research application is more likely to be accepted if you can demonstrate that it has relevance and academic merit. Ultimately PhDs are awarded where a piece of work can demonstrate some originality and innovation. This should be explained within your application.

Whether you see any links with previous work

It is rare for an entirely original piece of research to be written. Therefore, the links with existing research should be made clear, as should the possibilities your work might open up for future research. You should provide some background to the research, exploring the wider literature and making as clear as possible what makes your proposed research original in the context of that literature.

Theoretical framework(s)

A theoretical framework is the analytical lens through which the research topic is examined. It therefore informs (but might also be informed by) the research questions and the methods. For example, the question ‘how to split property accumulated during marriage (or other long term relationships) when it breaks down?’ might lead to a different type of inquiry if one takes a feminist analysis of (family, property, contract, unjust enrichment) law, an economic analysis of law, a masculinity or queer studies approach,  a legal history, comparative law, socio-legal studies approach and so on.

The methodology to be used

In other words, how do you intend to undertake the research? Methods may include reviewing library-based resources or empirical research. If the latter, then what form – e.g. quantitative or qualitative analysis, and what evidence can you provide that you have the skills to undertake such research. These methods should be carefully considered in relation to the research aims and questions you are seeking to address in the proposed research.

Collaboration

You must consider the partnerships, knowledge exchange and impacts associated with your proposed research. If you already have collaborative arrangements in place with relevant external stakeholders then you should describe these and potentially also provide letters of support, in principle, if you have them. You should consider the likely impacts of your proposed research and how these will be achieved, as well as your plans for disseminating your research findings beyond academia.

The research priorities of potential funders

If you are applying for WRDTP or WRoCAH scholarships, it is essential that you consider how your proposed research fits in with the research or of these two funders. The quality of your scholarship application will be judged partly by the fit of your research within these pathways or clusters.

What problems you might encounter

Your application should not be too unrealistic as to what can be delivered. It is also wise to predict the likely challenges that you will face in undertaking the research and suggest ways in which those challenges can be overcome.

What to avoid

Research proposals should not be viewed as binding contracts. Most first-year PhD students adapt their research proposal once they start studying the topic in more depth and working with their supervisor. Nevertheless, a PhD proposal should amount to a coherent, intelligent, realistic and relatively well thought-out idea of an area of potential research.

The following errors should be avoided if possible:

• Simplistic descriptions of an area of study should be avoided – eg ‘I want to research EU law’. The specific focus of the research must be clear.

• Offer to review or analyse an area of law on which there is already a significant existing literature. PhDs should be attempting something more than bringing together knowledge that already exists.

• Develop a research proposal primarily because the topic is or has been fashionable. Topics such as the legality of the war in Iraq, the operation of the International Criminal Court or the Human Rights Act 1998 remain extremely important areas of academic study, but as a PhD student it is going to be very difficult to say anything interesting, new or original about these topics.

• Avoid trying to resolve grand problems in one thesis. The best research proposals tend to focus on discrete and well-confined subject areas.

• Relying upon a comparison to provide the intellectual component of the proposal, whether that is a comparison between different institutions, different bodies of law or different countries. Comparative research proposals are worthy if properly thought out. If the comparison is between different legal systems for instance, in the submission it needs to be made clear why that comparison could be a useful one and what can be learnt from the comparison. For instance, you may be undertaking research in the UK and from Botswana, but that does not mean that there are any valid reasons why comparing the UK to Botswana is actually worthwhile in your subject area.

• Relatedly, you should consider the research expertise of supervisors at the University of 91̽��, and the value that studying at 91̽�� adds to your research. Generally a PhD submitted in a UK university should contribute to knowledge about the UK, or about global/international issues. If you want to research another country of jurisdiction, you need to provide a credible reason for why 91̽�� is a good place to undertake that study, as opposed to an institution in that country.

• Make sure that your methodology is as clear and specific as you can make it at this early stage. Proposals that say, “I will use qualitative methods” are unlikely to succeed because they suggest an ignorance of the diversity of qualitative methods. Ideally, you should be able to say something about: 

  • the methods you will use (e.g. surveys, documentary analysis, interviews, observation, ethnography, audio-visual methods...); 

  • the target populations of your research (eg, a study of criminal courts might seek to recruit judges, lawyers, ushers, defendants, police officers, or other actors. Which groups do you want to participate in your research, and why? The answer to this question should bear some relation to your research aims); and, 

  • If possible, the approximate number of participants you want to recruit for each method (for instance, you might want to conduct 10-15 interviews with each of two groups of participants, or to survey 500 people) and how they will be accessed/recruited. Try to be realistic about how long empirical research takes, and how many research participants it is possible to study.

  • How these chosen methods are likely to illuminate the research questions of the proposed research

  • Ethical considerations of the research in relation to things like informed consent, anonymity, the safeguarding of researchers and participants

It may not be possible to say much at this stage, but the more details you can provide, the clearer it will be that you have thought seriously about your research project, and the easier it will be for the School of Law to evaluate its feasibility.

Positive steps to take

When we make an offer we will do so on the basis of various considerations. Making an effort to foreshadow those considerations in your application is a good idea. It is advisable to submit a supporting statement alongside the research proposal. Issues to consider include:

• Why did you choose to apply to the University of 91̽��?

• Can you provide any evidence to suggest that you are capable of completing an extensive piece of research and have the character to undertake three years of study, on a relatively low income and with only supervisory support?

• Does the research proposal fit into one of the areas in which the Law School has a speciality? Often a proposal only needs minor adaptation to fall within an area the School can supervise, but to improve your chances of success it is worthwhile reviewing the academic profile of the various staff in the Law School before you submit an application.

If you are able, it would be helpful to have a look at some past 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 past successful PhDs, either as physical copies or in an online repository. 

The online application form requires you to provide some standard information about yourself and your past academic performance. Please ensure that this information is correct and that you provide evidence to support your qualifications.

The references that your referees provide are important sources of information for us. Wherever possible, it is helpful to provide (where possible) a reference from at least one academic who is aware of your research potential and has read some of your work.