FACULTY OF LAWS - University of Malta · Evaluation of Sources ... documentation duly ... Students are to submit the following for the final approved version of their LL.D Thesis

AMENDED ON 06.04.2017

UNIVERSITY OF MALTA

FACULTY OF LAWS

GUIDELINES REGARDING LL.D. THESES

NB: E-Dissertations guidelines of the UOM Library prevail over these guidelines and where there is a conflict between them, it is the Library Guidelines which should be followed.

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TABLE OF CONTENTS

A. FUNCTIONS OF FACULTY BOARD 4

1. Approval of titles and thesis proposals 4

2. Appointment of supervisors/co-supervisors 4

3. Topic to be susceptible of research at LL.D. level 5

4. Availability of material 5

5. Log Book 5

6. Declaration of Authenticity and Copyright Release 6

7. Library Guide for Digitized Dissertations 6

8. First submission of Thesis 7

9. Uploading of Thesis on VLE 8

10. Final Version of Thesis 8

11. Board of Examiners 9

12. Establishment and Functions of the Dissertations Committee 10

13. Deadlines 11

14. Change in Thesis Titles 11

15. Students on Exchange Programmes 11

B. OBLIGATIONS & RESPONSIBILITIES OF STUDENTS 12

C. FUNCTIONS OF SUPERVISORS 14

D. REGULATIONS FOR THE PRESENTATION OF LLD THESES 17

1. Cover 17

2. Paper Quality and Typographical Detail 17

3. Pagination 18

4. Word Limit 18

5. Preliminaries 18

6. Text 20

7. End Matter 22

E. RECOMMENDATIONS TO STUDENTS UNDERTAKING 23

RESEARCH FOR THE LLD THESIS

1. General observations 23

2. What is Research? 24

3. Methodology 25


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4. Basic rules 25

5. Use of the Library 26

6. Resources in the Library 26

7. Using the sources in the library 27

8. Evaluation of Sources 27

9. Writing the thesis 28


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A. FUNCTIONS OF FACULTY BOARD

1. Approval of Titles and Thesis Proposals

When considering a title and thesis proposal for approval, the Faculty Board should

determine whether that particular area to be researched (a) has already been the

subject of an LL.D. or Master’s thesis within the Faculty, or (b) has already been

allocated to some other LL.D. or Master’s students within the Faculty. This function

should be delegated to the Head of Department within whose area the area to be

researched falls. For this purpose, the Faculty Office shall circulate to Heads of

Department a full list of all the proposed titles together with relevant thesis proposals.

Thesis proposals are to be original and are to be submitted on a standard form, available

at http://www.um.edu.mt/laws/formsandguidelines/additionalformsguidelines as

Annex A.

In the Thesis Proposal the candidate shall list all those thesis titles by name and surname

of candidate, Title of Thesis, Year of Award and title of degree awarded. The purpose of

this requirement is for the Head of Department to ensure that the candidate’s thesis

proposal is innovative and has not already been the subject of another Thesis. If such is

the case, the Head of Department should normally recommend that the thesis title

should not be approved.

Where the area to be researched substantially overlaps with the subject of a thesis

which has been already been approved or which is to be submitted by some other

student, this should normally hinder the approval of the title – unless the student makes

a case and satisfies the Faculty Board that the approach to be adopted by the student

varies significantly from that adopted in the previously approved title.

The Thesis Proposal form (Annex A) should be accompanied by a Declaration of a

member of the Academic Staff that he/she has been consulted by the candidate and

that he/she sees room for the writing of such a Thesis. This declaration is available at

http://www.um.edu.mt/laws/formsandguidelines/additionalformsguidelines as Annex

B.

2. Appointment of Supervisors/Co-Supervisor

No title should be approved unless the Faculty Board is satisfied that a properly qualified

member of the academic staff of the Faculty and a properly qualified co-supervisor from

http://www.um.edu.mt/laws/formsandguidelines/additionalformsguidelines



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outside the Faculty should such a co-supervisor be appointed would be available to

supervise the thesis. Even where a co-supervisor is appointed, a member of the

academic staff should normally be appointed as the supervisor.

The Head of Department under whose Department the research proposal falls should

recommend to the Faculty Board the name of a supervisor and, where appropriate, that

of a co-supervisor. Such recommendation should be made after the Head of

Department has consulted with the said persons and has obtained their confirmation

that they would be willing to act in such capacities. The Head of Department may

discuss all these matters during departmental meetings convened for this purpose.

At a Faculty Board meeting held on 27th January 2011, it was agreed to allow the

appointment of principal or sole supervisors to members of the academic staff from

outside the Faculty on condition that they hold a University appointment.

3. Topic to be Susceptible of Research at LL.D. Level

No thesis shall be accepted which is identical in substance to a document already

submitted for a degree in this or any other University or to any other published

material. Students shall not, however, be precluded from incorporating such previous

work as may be necessary to the presentation and further understanding of their

exposition, provided that the nature and extent of such incorporation are clearly

indicated in the thesis itself.

4. Availability of material

When considering a title for approval, the Faculty Board should also take into account

whether adequate material will be available in Malta or elsewhere for the conduct of

proper research.

5. Log Book

Each student shall keep a log book to document progress on his/her thesis. The student

shall be responsible to ensure that the Log Book is duly filled by him/herself and by

his/her supervisor/co-supervisor. The Supervisor/Co-Supervisor is entitled to add any

comments he/she wishes to make at the end of each meeting.


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The duly filled log book must be submitted by the student together with the LL.D. thesis

on the submission date.

The text of the Log Book is available at


C.

The Faculty reserves the right not to accept a thesis if is not accompanied with all the

documentation duly filled and signed. Log Books are kept for Faculty records only. The

submission note may be sent to the Board of Examiners.

6. Declaration of Authenticity and Copyright Release

Each student shall fill in and sign a Declaration of Authenticity and Copyright Release

whereby he/she declares that he/she has read the University of Malta’s Guidelines on

Plagiarism and that the Thesis is his/her original work. The student further declares that

where he/she has consulted the published works of others, the source is always given.

The text of the Declaration of Authenticity and Copyright Release is found as Annex D

available on

http://www.um.edu.mt/laws/formsandguidelines/additionalformsguidelines.

In terms of the Copyright Release students consent to the making of photocopies and

electronic copies of their thesis for educational and study purposes as well as to be

available for inspection and lending at the Faculty of Laws Library. Student providing

such consent will not be entitled to any remuneration.

7. Library Guide for Digitized Dissertations

The whole thesis should be in the format set out in the Library Guide for Digitized

Dissertations. The purpose for adopting such a standard format is to allow for an

electronic search of all digitized LL.D Thesis held at the University of Malta Library

thereby making research easier and less time consuming. The text of this guide is

available on: https://www.um.edu.mt/library/dissertations



https://www.um.edu.mt/library/dissertations


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8. First Submission of Thesis

Students submitting an LL.D thesis for examination should ensure that their work:

a) is of an advanced or original nature in the area of study;

b) satisfies the requirements of presentation;

c) fulfill the requirements of relevant regulations as regards format and length; and

d) complies with these guidelines.

Prior to thesis submission, the student shall seek the written permission of the

Supervisor. Such permission is referred to in these Guidelines as the submission note. A

student may opt to submit his/her thesis notwithstanding any negative advice from the

Supervisor. Should the student submit without the supervisor’s consent, he/she will do

so at his/her own peril and risk. The submission note is available at


C.

TIME EXTENSIONS beyond end of May, will NOT be allowed unless for exceptional

circumstances. When for exceptional circumstances, extensions are granted, the

University does not guarantee that the student will graduate that year and such

requests are approved at the risk and peril of the student.

By the stipulated deadline, students should submit the following:

4 softbound copies printed back to back (spiral bound) of their thesis, including

Declaration of Authenticity and Copyright Release which is to form part of the

thesis immediately after the title page.

1 softcopy of the thesis, either on a CD or on a Pen Drive. The document should

be in PDF format which should NOT be password protected. The document will be

immediately copied by Faculty Office and the pen drive is returned to the

student;

A copy of Thesis should be uploaded on VLE**. Students are permitted to upload

their work, as a draft copy and then as the final copy (one whole document). The

soft copy from VLE will be accessed by the Supervisor and the Chairperson of the

Examining Board. Students should include the Declaration of Authenticity and

Copyright Release (Annex D), in the final version uploaded on VLE;



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1 original copy of the log book (Annex C) from your supervisor/co-supervisor, to

be handed in at the Faculty Office. This will be retained for record purposes.

1 original copy of the submission note (Annex C) signed by the supervisor

9. Uploading of Thesis on the Virtual Environment Learning – VLE

Plagiarism, at any stage of the preparation and finalization of a thesis shall be

prohibited. For this purpose, the thesis will be passed through plagiarism software.

After an LL.D Thesis has been submitted for examination, the student has to upload

his/her thesis on the Virtual Environment Learning – VLE. The purpose of this procedure

is to generate a report by the plagiarism software. Such report is made available by the

Supervisor to the Chairperson of the Examining Board, who subsequently will forward to

the other members of the Board of Examiners.

Please follow the link hereunder for information regarding Turnitin:

http://www.um.edu.mt/vle/pds/students

There is also a quick guide specifically on uploading an assignment/thesis on Turnitin

available here: http://www.um.edu.mt/vle/pds/students/pdstraining

10. Final Version of Thesis

Students are to submit the following for the final approved version of their LL.D Thesis

to Faculty Office:

1 hard copy PRINTED BACK TO BACK of their thesis including the Declaration of

Authenticity and Copyright Release which is to be included after the title page. The

copy will be distributed to the Faculty of Laws Library; and

1 softcopy of the thesis, either on a CD or on a Pen Drive. The document should be in

PDF format which should NOT be password protected. The document will be

immediately copied by Faculty Office and the pen drive is returned to the student;

Copies will be made by the Faculty on a CD and distributed to the University of

Malta Library. The thesis should be saved as one whole document with the code

indicated at http://www.um.edu.mt/laws/notices/generalnotices.

http://www.um.edu.mt/vle/pds/students

http://www.um.edu.mt/vle/pds/students/pdstraining

http://www.um.edu.mt/laws/notices/generalnotices


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11. Board of Examiners

(a) The Faculty Board shall appoint a Board of Examiners for each thesis

submitted.

(b) The Board of Examiners shall be composed of three members to examine

the thesis. One of the Examiners shall be designated by the Faculty

Board as the Chairman of the Board of Examiners.

(c) The Faculty Board shall also appoint an Additional Examiner for revision

of Thesis.

(d) The Faculty Board may also appoint an External Examiner.

Options open to Examiners

(1) Except as provided in paragraph (2) below, the Examiners, after reading

the thesis, shall examine the candidate orally. A candidate is required to

present her/himself for the oral examination at such a place as the

Faculty may direct and upon such day and time as shall be notified. A

candidate shall bring to the oral examination a copy of the thesis

paginated in the same way as the copies presented for examination and

his/her ID Card.

(2) There are options open to Examiners in determining the result of the

examination, as follows:

i. If a thesis is adequate and the candidate satisfies the Examiners in

the oral examination, the Examiners will report that the thesis be

approved, and give a mark and grade. Where no amendments are

required, the student’s result can be published and he/she can

proceed to submit the final copies of the thesis.

ii. If a thesis is otherwise adequate but requires minor amendments

and the candidate satisfies the Examiners in the oral examination,

the Examiners may require the candidate to make, within one

month, under the direction of the Supervisor, amendments

specified by them. The amended thesis shall be submitted to the


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Examiners or one of the examiners nominated by them for

confirmation that the amendments are satisfactory.

iii. If a thesis requires the making of major amendments thereto, the

Examiners shall require such amendments to be made and the

Thesis should be resubmitted in a revised form within six months

from the date the candidate is notified of the major changes to be

made. The Examiners may at their discretion exempt the

candidate from sitting for a second oral examination if they are

satisfied with the major amendments undertaken by the

candidate.

iv. Where the Examiners hold a second oral examination and the

candidate fails upon resubmission, The Board of Examiners may

recommend to the Faculty Board that the candidate be allowed

an additional year of studies whereby the candidate resubmits a

thesis on a different topic.

When a Board of Examiners asks a student to resubmit his/her thesis, the Board

should establish the exact date for resubmission. The Board should communicate

such date in writing to the supervisor/s and to the student concerned. The Board

of Examiners should bear in mind that a date for thesis resubmission beyond 1st

October would likely mean that the student would not be re-examined in time to

graduate in that particular year. The supervisor should somehow have an input

into the decision of the Board of Examiners as to the time needed for re-writing.

12. Establishment and Functions of the Dissertations Committee

The Faculty Board has on 20th November 2008 appointed a Dissertations Committee to

view LL.D Thesis Proposals, to suggest Supervisors and Co-Supervisors and Examiners for

Faculty Board’s approval and generally to ensure the smooth implementation of these

Guidelines.

The Dissertations Committee of the Faculty shall examine logbooks submitted by the

students and supervisors respectively. The Committee shall pass any recommendations

to the Faculty Board. Furthermore, The Dissertations Committee shall receive all Thesis

Titles and Proposals and shall allocate each title under its respective Department or,

should there be more than one Department, indicate the lead Department as the


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Dissertation Committee may assign. It shall request Heads of Departments to vet the

thesis titles and proposals and to recommend supervisors and co-supervisors, if

necessary. Each Head may recommend to the Dissertations Committee changes to

thesis titles and/or proposals as well as reject the thesis title.

13. Deadlines

The Faculty Board shall review the proposed title and outline of each submission and

reach a decision within a reasonable time.

Notification of the decision on the proposed title and outline, and in case of an

affirmative reply together with the name of the supervisor and/or co-supervisor shall be

communicated forthwith.

14. Change in Thesis Titles

An application for a change in a thesis title may only be made not later than six months

before the date of submission except in the case of a minor change which requires the

recommendation of the Supervisor and the approval of the competent Head of

Department and the Dean.

15. Students on Exchange Programmes

Students who intend to participate in an exchange programme overseas during the third

year of the LL.D Course should inform their respective supervisor and co-supervisor, if

any. They should still keep in contact when abroad and submit their written work by

email for correction.


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B. OBLIGATIONS AND RESPONSIBILITIES OF STUDENTS

1. The student shall submit a thesis which shall be an original work on the approved

subject or other contribution to the knowledge showing that he/she has carried

out sufficient research therein.

2. Before the closing date for the submission of the thesis title the student is

advised to discuss his proposed area of research and title with the appropriate

Head of Department and/or other member of the Academic staff prior to

submitting the Title to the Faculty Board.

3. The student shall submit the appropriate form requesting the approval of the

title for the thesis, available at

http://www.um.edu.mt/laws/notices/generalnotices as Annex A.

The application form shall include:

(a) The proposed title, which describes the content of the thesis accurately

and concisely.

(b) The thesis proposal, which shall consist of a brief outline of the content of

the research, not exceeding 1000 words.

(c) A list of materials consulted in preparation of the proposed thesis

including those on the same or similar subject.

(d) Names of Academic Staff with which the student has consulted.

4. The application form for approval of the title for the thesis shall be submitted by

the student for the approval of the Board in such a period as the Faculty may

advise, but by not later than the end of June of the LLD II Year.

5. After receiving notice of the acceptance of the title as proposed, the student

should seek regular meetings with his supervisor and specialist assistant. As a

general guide, it is recommended that meetings should be held on a monthly

basis throughout the period of research. It is usually convenient to arrange the

date and time of the next meeting at the conclusion of each supervision

meeting. In the event that the student encounters an urgent problem, the

http://www.um.edu.mt/laws/notices/generalnotices


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supervisor should, as a rule, attempt to deal with the matter over the telephone,

email or otherwise arrange a meeting at short notice.

6. Every effort should be made by the student to be well prepared for each

meeting.

7. Written work should be regularly submitted to the supervisor and co-

supervisors, if any. The written work will initially consist of a tentative

framework of the whole work, then outlines of specific chapters and eventually

complete chapters or sections thereof.

8. In the initial stages of the research, the student should plan out the various

aspects of the research. Special attention should be given to the following

matters:

The formulation of a plan of action within the time available for the

research. Such a plan should identify the stages at which the various

points of the research should have been completed. Every effort should

be made to register progress within the parameters of such a plan.

The drawing up of a broad framework or outline of the intended work.

The framework or outline should be regularly updated and expanded.

To identify and add any treatises, statutes, treaties, periodical literature

and judgements that may be relevant to the area of study.

9. The student may submit his/her thesis for the approval of the Faculty Board not

later than end May of his/her third year of studies.


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C. FUNCTIONS OF SUPERVISORS

1. The supervisor should at least have a broad knowledge of the student’s area of

study. If the area of study is significantly outside the supervisor’s field, the

Faculty Board should appoint a co-supervisor. Where a co-supervisor has been

appointed, the supervisor and the co-supervisor should agree on a broad division

of responsibilities for the supervision of the thesis.

2. The primary function of the supervisor and co-supervisor should be to highlight

and to guide the student past the common traps and pitfalls that face the

inexperienced researcher. The supervisor and co-supervisor should also provide

advice and moral support at those times of self-doubt and pressure which

inevitably confront all students.

3. Regular meetings should be held between the supervisor and the student. As a

general guide, it is recommended that meetings are held on a monthly basis

throughout the period of research. It is usually convenient to arrange the date

and time of the next meeting at the conclusion of each supervision meeting.

4. Supervision meetings will obviously vary in length depending on the nature of

the matters under discussion and the progress being achieved by the student.

Supervisors should, as far as possible, ensure that the meeting is uninterrupted

by telephone calls or other business.

5. A student should be given adequate response on written work. The response

may be orally or in writing and should preferably be given within one month of

the submission of the written work by the student. If the supervisor feels that

he/she would be unable to respond to the written work submitted to him/her

within a month, then the supervisor should communicate with the student and

establish a reasonable time within which the response can be made.

6. If the student has an urgent problem, the supervisor should attempt to deal with

the matter over the telephone, email or otherwise arrange a meeting at short

notice.


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7. In the initial stages of the supervision, the supervisor should help the student to

plan out the various aspects of the research. Special attention should be given

to the following matters:

To assist the student in the formulation of a plan of action within the time

available for the research. Such a plan should identify the stages at which

the various points of the research should have been completed. Students

should be advised of the desirability of achieving progress within the

parameters of such a plan.

To give advice on the methodology of research, on the style of writing and on

other conventions relating to research.

To recommend libraries or institutions (in Malta and abroad) that may have

relevant material available.

To suggest possible avenues for research.

To encourage regular meetings and to stress the importance of the regular

submission of written work.

8. In reviewing the student’s work, the supervisor and co-supervisor should pay

particular attention to (and give appropriate guidance on) the following:

The need for depth and originality in the analysis. (Theses are sometimes

largely derived and lack any evidence of the student’s own contribution).

The need for a proper use of the British English language (not American),

clarity of thought and a logical flow of ideas and argumentation.

The need to be concise and to avoid repetition.

The need to avoid discussions or expositions of irrelevant issues.

The proper and consistent observance of basic editing conventions relating

to quotations, footnotes and references (Oscola Referencing system) to

statutes, treaties, judgements, treatises, periodical literature and other

documentation.


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9. The supervisor and co-supervisor should alert the student to any conferences,

seminars, courses, workshops or other research work related to the student’s

field of study. Where necessary, an appropriate introduction should be made.

10. The Principles of Procedure on the Supervision of Masters’ Dissertations and

Doctoral Theses as approved by Senate are available on

www.um.edu.mt/registrar/students.

http://www.um.edu.mt/registrar/students


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D. REGULATIONS FOR THE PRESENTATION OF LLD THESES

1. Cover

The cover of the final hardbound copies should be BLACK ONLY and not any other

colour.

1.1 Binding

The thesis shall be bound within boards. The binding shall be of a fixed kind in which

leaves are permanently secured. The boards shall have sufficient rigidity to support the

weight of the work when standing upon a shelf.

1.2 Cover Title

The outside front board shall bear, in a gold print, the title of the work, which shall be in

at least 24 pt (8mm) type. The name and initials of the candidate, the designation "LL.D.

thesis" and the year of submission shall be shown. If the cover material bears any

design, the design shall be clear of any lettering.

1.3 Spine Title

The spine of the work shall bear, in a gold print, the thesis title, the surname and initials

of the candidate, the designation "LL.D. thesis” and the year of submission. This

information shall normally be printed along the spine in such a way as to be readable

when the volume is lying flat with the front cover uppermost. If the work consists of

more than one volume the spine shall also bear the number of each volume.

2. Paper Quality and Typographical Detail

2.1 Methods of Production

Theses shall be presented in a permanent and legible form in typescript or print.

Characters shall be not less than 10pt. Typing should be of even quality, with clear black

characters. Copies produced by xerographic or comparably permanent processes are

acceptable provide they are of good and even quality.


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2.2 Paper

A4 size paper should be used. Paper shall be of good quality and of sufficient opacity for

normal reading. Both sides of the paper may be used provided legibility is not thereby

impaired.

2.3 Layout

Margins on the right and left hand side shall be 3cm and the top and bottom margins

shall be 2.5cm. Double or one-and-a-half spacing shall be used in typescript, except for

indented quotations or footnotes where single spacing shall be used.

3. Pagination

3.1 Page numbering

Page numbers should be centred at the bottom of the page. Roman numbers should be

used on the first few pages until just before the Introduction, where Arabic numbers

should be used.

3.2 Position of page numbers

Page numbers shall be located centrally at the bottom of the page.

4. Word Limit

The thesis shall not be less than 30,000 words and not more than 35,000 words. No

extension on the word limit may be granted.

The prescribed length refers to the whole thesis including the main text, quotations,

footnotes, but excluding preliminaries and other functional parts, such as bibliography,

tables, abstract and index. Annexes and appendices do not form part of the word limit.

5. Preliminaries

5.1 Title page

The title page shall give the following information in the order listed:


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i. The full title of the thesis and the sub-title if any;

ii. The total number of volumes if more than one and the number of the particular

volume;

iii. The full name of the author, followed, if desired, by any qualifications and

distinctions;

iv. An indication that the thesis is submitted in partial fulfillment of the degree of

LL.D;

v. The designation “Faculty of Laws, University of Malta”;

vi. The month and year of submission.

5.2 Abstract

The title page should be followed by an abstract consisting of no more than 300 words.

The abstract should be a concise summary of the work, containing the fundamental

concepts and conclusions. Students must also include five keywords together with their

abstract. Students are to note that the abstract should not be written in the first

person.

5.3 Dedication

Some candidates like to dedicate their work. To do so is entirely optional. Where a

dedication is made, the dedication pages should follow the abstract.

5.4 Table of contents

The table of contents shall immediately follow the Abstract. It shall list in sequence,

with page numbers, all relevant subdivisions of the thesis, including the titles of

chapters, sections and subsections, as appropriate; the table of judgments; the table of

statutes; the table of treaties; the bibliography; the list of abbreviations and other

functional parts of the whole thesis; any appendices; the index (if provided).


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5.5 Tables of statutes, judgements and treaties

The tables of statutes, judgements and treaties shall follow the table of contents.

5.6 Acknowledgements

Any acknowledgements shall be on the page following the tables of statutes and

judgements.

5.7 Abbreviations

Abbreviations are to be, as far as possible, avoided and used only exceptionally as they

do not contribute to the free flow of the writing and detract the reader from following

better your work.

Where however abbreviations are used a table shall be provided. For an abbreviation

not in common use, the term shall be given in full at the first instance followed by the

abbreviation in brackets.

6. Text

6.1 Introduction

The introduction shall be followed by the first chapter of the thesis. The Introduction

should be used to set out the thesis question and thesis sub-questions as discussed in

subsequent chapters, the methodology used, any problems encountered in carrying out

the research, defining key terminology, identifying gaps in existing literature and how

you propose to address them, and the limitations to your thesis (what do you intend to

leave out and why).

6.2 Chapters and sections

Theses shall be divided into an Introduction, a number of chapters and a Conclusion.

The system of headings shall be consistent and should provide a clear indication of

changes in content, emphasis and other features which occur at each stage of the work.


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6.3 Conclusion

This should bring together all the issues of the research and link back to the aim and

objectives which were outlined in the Introduction. Any recommendations should

always be based on evidence. Here one can also indicate any suggestions for future

research in this area.

The Conclusion should be totally original. It should identify areas for future research

related to the topic of your thesis, propose changes to the law, contain a list of the main

conclusions of your work, and answer the thesis question and sub-questions. The

Conclusion is the most important part of your thesis and should be a substantial a piece

of work as possible.

6.4 Headings

The headings recommended are:

(1) Main headings, which should be used for chapters or sections and should

be in full capitals;

(2) Subsidiary headings, which should be used for subsections consisting of

associated paragraphs, should be above the line of the text and should use

initial capitals.

6.5 Note numbering

Numbers typed as superscripts, or, if on the line, in square brackets, immediately

following the relevant word or phrase in the text should identify footnotes in the text.

Footnotes should be restricted to serving the following functions:

(a) to state a source

(b) to acknowledge a borrowing

(c) to refer the reader to another part of the thesis

(d) To develop an idea or expand a quotation where to do so in the text would

disturb the flow or the balance of the writing.


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Footnotes should always be used with restraint. If none of the above criteria are met,

then an appendix is probably more suitable.

7. End Matter

7.1 Appendices

Appendices shall follow the main text and precede the index (if provided). Appendices

may consist of supporting material of considerable length or of lists, documents,

commentaries, or other evidence, which, if included in the main text, would interrupt its

flow. The style of appendices shall be consistent with the style of the main text.


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E. RECOMMENDATIONS TO STUDENTS UNDERTAKING RESEARCH FOR THE LL.D.

THESIS

1. General observations

The LL.D. regulations require the thesis to be “an original work on the approved subject

or other contribution to the knowledge thereof showing that the student has carried out

sufficient research therein.”

Unlike a student assignment, the LL.D. thesis is intended for use by somebody else.

Even though the thesis is not usually published, it will at least be available in the law

library and may be consulted by others – the judiciary, practitioners, academics or

students – interested in the general field of study or particular aspects thereof. A thesis

should however go further than merely imparting information. It should invite the

discipline of other minds. And an author should not fear the criticism or debate that a

good thesis generates. Rather, what the author should fear most is a lack of interest in

what he has written – because it is so trivial or trite that no one notices it at all. Indeed

there is little to be gained by writing something that others may already know. The

LL.D. thesis should make a difference to what is already known.

The LL.D. thesis is not merely an exercise in essay writing on an extended scale. The

thesis has to be more severely argued and more rigorously shaped and presented. In

addition, the thesis must be accurately and consistently documented. Proper

methodology is a key to the successful completion of the thesis.

Research work is an exercise in intellectual exploration and development. Attention to

research techniques is essential.

The student should adopt a critical approach to the research. A thesis cannot be

approved if it lacks evidence of the student’s own contribution.

The thesis should be clearly expressed. Proper use of the British English language (not

American), clarity of thought and a logical flow of ideas and argumentation are

essential.

The thesis should be concise. Repetition and irrelevant side issues should be avoided.


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Basic editing rules should be observed, especially regarding quotations, footnotes and

the citation of statutes, judgements, treatises, periodical literature and other

documentation.

Students are advised to acquire keyboard and word-processing skills. This will enable

the student to make more efficient use of the time available.

2. What is Research?

Research is the investigation about a properly limited topic, and the presentation of its

results in a carefully organized and documented paper. Moreover, to research is to

pose and answer a problem, or at least to attempt a convincing answer. It is not merely

to study it. Study is of course a necessary tool of research, but only as a means to an

end.

There are different types of research: e.g.,

- Academic Research: through the resources of libraries, this type of research

yields significant data and values on a given topic. This type of research takes

place mostly in the library. Legal research usually falls within this category.

- Scientific Research: same as above. In a more restricted sense, it has to do with

the exact sciences and takes place mostly in the laboratory.

- Social Research: studies man in his social environment and seek to improve his

understanding of groups and institutions. Fieldwork is its main resource.

- Technological Research: the application of the sciences to the needs of industry

and production. This type of research mostly takes place in laboratories and

factories.

A thesis should not consist of a restatement of what is already known. Rather, it should

be concerned with what is unknown, misunderstood or misinterpreted. Facts, which are

already familiar to potential readers, should therefore be stated as concisely as possible.

Only when the critical aspects of the research are reached should the discussion be

expansive.


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It follows from what has been said above regarding the nature of research that

considerable care must be exercised when choosing a theme for research. Students are

therefore urged to discuss with members of the academic staff the potential of their

proposed theme before submitting a title and outline to the Faculty Board.

3. Methodology?

Methodology is the science of method for the sake of research. Methodology

establishes rules and principles governing the effective use of the sources of

information, leading to a systematic exposition of the fruit of one’s research.

In legal research, the sources of information can be many and varied, ranging from

newspapers and interviews to treatises, judgements, periodical literature, treaties and

official and unofficial records and documentation. The use made of the information

from these sources is more often than not unsystematic. Methodology is an essential

key to effective research.

4. Basic Rules

A number of basic rules need to be highlighted. Their implementation will go a long way

towards ensuring successful research:

- Define properly and limit the topic of your research (according to time and

space).

- Develop an interest and possibly an enthusiasm for it, through reading,

questioning, reflecting.

- Read as much as possible of the material available on the chosen field, including

the work of other researchers and commentators.

- Assemble this material in a synthetic and systemic way.

- Examine such material critically, adding your own reflections and conclusions,

thus making a real contribution to knowledge.

- Start drafting as early as possible, even before having collected most of the

materials needed. Early drafts will no doubt require considerable re-writing. But


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the process involved in re-writing will provoke a considerable degree of thinking

and re-thinking that is so essential to proper analysis and originality.

5. Use of the Library

Legal research is essentially a library-based exercise. An effective working knowledge of

the library where the research is being carried out will pay considerable dividends.

Students who do not familiarise themselves with the law collection and associated

materials will find the time spent in the particular library to be frustrating and

unproductive.

Legal research usually requires knowledge not just of the present law but also of its

development, including criticism and suggestions for reform as have been made.

To find information about the chosen subject, the following sources may need to be

consulted:

Acts of Parliament

Delegated legislation

Judgements

Textbooks and treatises

Periodical articles

Treaties

Relevant government publications

Reports and commentaries in newspapers

Bills and Parliamentary Debates

6. Resources in the Library

a) Bibliographies: these are comprehensive or special lists of books brought

together with some unity of subject or purpose.

b) Current Periodicals and Magazines: these too are usually displayed in the

Reading Room and can be consulted, but usually not borrowed.

c) Call Materials: Books, which can be borrowed through the Library Assistants,

electronic computers, etc., after consulting the Card Catalogue.


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7. Using the sources in the library

- Get familiar with the Card Catalogue and the system of classification in a given

library.

- There may be different Card Catalogues: one for the Author, and one for the

Title or/and subject matter. The most useful are those libraries equipped with a

single Card Catalogue having authors, titles and subject matter all in the same

index.

8. Evaluation of Sources

Not all the material you find will be of equal value or equally useful: hence evaluation is

necessary. It can be of two kinds.

a) Personal Evaluation (internal evidence):

- By reading the biographical note on the book flap.

- By reading through the table of contents.

- By reading the preface or introduction.

- By reading sample passage here and there.

- By asking the Librarian or his Assistants.

b) Reader’s evaluation (external evidence):

- Look around for critical reviews published in newspapers or periodicals.

- Consult a Book Review Digest, containing reviews of books in general or in a

given area. A number of periodicals (for e.g., the Lloyds Maritime and

Commercial Law Quarterly) publish reviews of books and articles on legal

subjects.


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9. Writing the Thesis

(1) Reading

After having established the topic of your thesis, start using the material you have

acquired (books or periodicals) by reading extensively. This may lead you to a further

limiting of your topic, especially if you should soon discover that the original topic was

too vast for your purpose. Reading at this stage need not necessarily be too systematic,

especially if the books you want to read are not available to you all at one go. What is

important, however, is that you take note of what you read.

(2) Note taking

Various ways are possible, depending on the means available. What follows is an

example:

- Have a set of cards available (6 x 9cms) for ready use.

- Every item of interest you come across in your reading, pertinent directly or

indirectly to your topic, will be noted down on a separate card: on top of the

card (left hand side) put down the item, and in the blank write down a further

specification on it, ending up with the reference.

- If you come across an important passage which you might want to quote in your

paper, refer to it carefully for later use; if the passage is short, write it down on

the cad; if it is long and you envisage that the book will not be easily available to

you again, either copy it on a sheet of paper or make a photocopy of the relevant

passage. In either case the copy should be properly numbered and cross-

referenced to the card.

(3) Organizing the Paper

- When you have gathered enough material, covering sufficiently your topic in its

main aspects work on the principle of analysis and synthesis, thus:

- Classify your cards according to topics, bringing together related items. If the

parts or chapters of the thesis have been established beforehand (as is mostly

the case when the student is working closely under the direction of a supervisor


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or specialist assistant, who are generally more familiar with the subject and the

material related to it), this classification would be according to the chapters; if

not, the titles of the chapters would come out by themselves from the

classification.

(4) First Draft

When the work of classification and card arrangement has been completed to your

satisfaction, let it “simmer” quietly and take a rest, during which be prepared to note

down any ides or intuitions that might come to mind. These intuitions may have to do

with your classifications, or more likely with the interrelationship or connection that

exists between different items that exist in your classification, or between one part and

another of your paper.

Then at last you are ready to write it down, mentioning, explaining and elaborating one

by one your different items, showing their nexus and mutual relationship, in the form of

any essay; at these stages you will also include important quotations from your cards or

extra sheets to corroborate your point.

You may find it hard to get started, but you must be prepared to scrap the first two or

three attempts. After a while, you will find this hard work extremely rewarding.

The first draft will usually form an appropriate basis for the subsequent re-writing that

will almost certainly be necessary. Each draft should be read over a couple of times for

possible improvements and corrections.

(5) Oscola Referencing System

The latest version of the Oscola Referencing system should be used where applicable.

The text of Oscola is available on:

http://www.law.ox.ac.uk/publications/oscola.php

(6) Maltese Legislation

Maltese Legislation should be cited by reference to the Laws of Malta. Primary Laws are

arranged by chapter numbers. These should be cited as follows: ‘Criminal Code, Chapter

9 of the Laws of Malta’. Subsidiary Legislation should be cited as follows: “Pornography

and Obscenity Regulations, S.L. 9.04”.

http://www.law.ox.ac.uk/publications/oscola.php


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(7) Maltese Judgements

Where available, reference should be made to the ‘Kollezzjoni ta’ Decizjonijiet tal-Qrati

Superjuri ta’ Malta’. The citation should be as follows: Generoso Sive Jimmy Sammut vs.

Onor. Prim Ministru et, Kollezzjoni ta’ Decizjonijiet tal-Qrati Superjuri ta’ Malta, Volum

LXXX (1996) Pt.I, p.1. Where the judgement is not available in the Kollezzjoni, it should

be cited as follows:

Joseph Borg vs. Josephine Borg, Court of Appeal, 24 June 1995, p. 6.

Joseph Borg vs. Josephine Borg, Civil Court, First Hall, per Mr. Justice V. Borg

Costanzi, 24 June 1990, p. 10.

When the judgment is available on www.justiceservices.gov.mt, you should add the link

as well. This is done by right hand click and send to yourself.

When compiling the Table of Cases, case law should be sub-divided as follows:-

- Cases in the Kollezzjoni ta’ Decizjonijiet tal-Qrati Superjuri ta’ Malta

- Cases available on the Ministry of Justice website

- Cases available at the Archives of the Courts of Justice

- Other Sources for Case Law (e.g. Judge William Harding’s book; Judge Joseph

Filletti’s book; Judge Oliver Gulia’s book; Ghaqda Studenti tal-Ligi two volume

book on Constitutional Law, Prof. Kevin Aquilina’s book on Development

Planning Legislation, etc.).

(8) Hints to writing good theses

Avoid quoting one and the same source repeatedly throughout the thesis.

Avoid paragraphs made up of one sentence or a few sentences.

Source the information you provide through a footnote especially where you are

referring to factual data such as statistics and figures

Ensure that adequate and proper use of footnotes is made throughout the whole

thesis

(9) Translation of Quotations

All quotations which are not in English should be translated in a footnote in the

English language. The quote in the original language should go in the text whist

the English translation in a footnote.

http://www.justiceservices.gov.mt/


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(10) Inter-disciplinary content

In so far as content of an LL.D. thesis is concerned, it might benefit the study to

refer to non-legal materials and to write a thesis from an inter-disciplinary

perspective. When a student intends to study a particular subject from both a

legal and non-legal perspective, the following considerations have to be taken

on board:-

(a) the student must declare in his or her thesis proposal that s/he will be

studying a particular subject from an interdisciplinary point of view

identifying clearly the non-legal discipline; and;

(b) although a thesis might be written from an interdisciplinary point of view,

the predominant focus of the thesis should be legal with the non-legal

discipline assisting in understanding better the legal implications of the

subject under consideration. At no point should the non-legal discipline

predominate over the legal subject of the LL.D. thesis.

(11) Methodology

It is permissible for students writing an LL.D. thesis to write a chapter on

literature review and use various qualitative and quantitative skills used in the

social sciences such as questionnaires, focus groups, statistics, face-to-face

interviews, etc. Interviews are the exception not the rule, but where a student

thinks that this benefits his/her research question, the consent of the

Supervisor is needed to approve the carrying out of the interviews, the persons

to be interviewed and the questions to be asked. As to how many interviews are

to be conducted, it is to be decided on a case-to-case basis. When carrying out

interviews, students are expected to abide by the University Research Ethics

Guidelines.

(12) Ethical Implications

Where it is appropriate, students should consult with the Faculty Ethics

Committee in so far as their research might raise certain ethical issues. Students

should also consult the University of Malta webpage of the University Ethics

Committee from where they may download further information. For further

guidance see: http://www.um.edu.mt/urec/gpropform


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AMENDMENTS TO GUIDELINES:

1. Guidelines amended at FB Mtg held on Friday, 11

th November 2011

2. Amendment by FB meeting held on Friday 2nd

March 2012 (Note 5.2)

3. Amendment by FB meeting held on Friday, 1st

June 2012 (Notes 5a, 9, 13)

4. Amendment by FB meeting held on Monday, 3rd

September 2012 (Notes 9, 11)

5. Amendment by FB meeting held on Friday, 11th

January 2013 (Notes 1, 5.2, 8, 11)

6. Amendment by Dissertation Committee meeting held on Friday, 8th

November 2013 [Notes 9(7) – (12)]

7. Amendment by FB meeting held on Friday, 4th

September 2015 (Note 11)

8. Amended by FB meeting held on Tuesday, 12

th January 2016 (Note 11)

Documents

FACULTY OF LAWS - University of Malta · Evaluation of Sources ... documentation duly ... Students are to submit the following for the final approved version of their LL.D Thesis