Doctor of Philosophy in Law

The primary purpose of the qualification is to provide Doctor of Laws (LLD) graduates with the knowledge, specific skills and applied competence in any legal field to provide opportunities for continued personal intellectual growth, gainful economic activity and valuable contributions to society.

A second purpose of the qualification is to provide South Africa and the global community with Postgraduate lawyers and academic leaders in a number of learning fields to ensure that the leadership base of innovative and knowledge-based economic and scholarly activity is widened.

A third purpose of the qualification is to provide South Africa and the global community with Postgraduate Lawyers who understand the constructive role they need to play as intellectual leaders in their society, and who are empowered and equipped with the required research and analytical skills to play a key role in the continued shaping of the legal dispensation in a just society based on constitutional democracy within a world legal order.

Recognition of Prior Learning (RPL)

This qualification recognises

• Formal prior learning: Students are expected to hold a Postgraduate Bachelor in Laws (LLB) Degree (i.e. an LLB Degree completed in accordance with the curriculum prescribed before 1998), or to hold a Master of Laws (LLM) Degree.

Non-formal and informal prior experiential learning

• A Doctoral Degree which comprises a thesis only cannot be awarded in part through RPL. Faculties and Senate will debate and decide on the issuing of a Doctorate through RPL.

Entry Requirements

• Master's Degree: Law or its equivalent, Level 9.

Research project.

1. The Doctor of Laws (LLD) graduate can identify, analyse and solve convergent and divergent legal problems creatively and responsibly.
2. The LLD graduate can work effectively with others as a member of a team, group organisation or community to contribute to the sound administration of justice, the development of the law and legal system to meet the needs of society, and to further a just society based on a constitutional democracy.
3. The LLD graduate can manage and organise her or his activities and life responsibly and effectively, including her or his studies and career.
4. The LLD graduate can collect, analyse, organise and critically evaluate information.
5. The LLD graduate can communicate effectively using language skills in the modes of oral and/or written presentation in sustained discourse.
6. The LLD graduate can use technology effectively and critically, showing responsibility towards the environment and health and well-being of others, in community, national and global contexts.
7. The LLD graduate can demonstrate an understanding of the world as a set of related systems by recognising that problem-solving contexts do not exist in isolation, and by acknowledging their responsibilities to those in the local and broader community.

Developmental Outcomes

1. The LLD graduate can reflect on and explore a variety of strategies to learn more effectively (see Critical Outcomes 3 and 5 above).
2. The LLD graduate can participate as a responsible citizen in the life of local, national and global communities (also see Critical Outcome 2 above).
3. The LLD graduate can be culturally and aesthetically sensitive across a range of social contexts (see Critical Outcomes 2 and 7).
4. The LLD graduate can explore education and career opportunities by drawing on the various knowledge, skills and attitudes acquired in the achievement of this qualification (see all Critical Outcomes above).
5. The LLD graduate can develop entrepreneurial opportunities by drawing on the knowledge, skills and attitudes acquired in the accomplishment of this qualification (see all Critical Outcomes, plus 4 above).

Specific outcomes and associated assessment criteria

1. The LLD graduate can recognise the role of the law in everyday life.
2. The LLD graduate can think critically, logically and analytically within a contextual framework.
3. The LLD graduate can solve complex multi-dimensional legal problems originally and creatively.
4. The LLD graduate can engage critically and analytically with legal text.
5. The LLD graduate has the advanced academic knowledge and skills to play a leading role in legal practice and in the shaping of the legal dispensation.
6. The LLD graduate can advance legal scholarship in regional and global context.
7. The LLD graduate can act responsibly and authoratively in his or her chosen career.
8. The LLD graduate can play a leading role in contributing to the realisation of a just society based on a legal democracy.

Assessment Criteria associated with Critical Cross-field outcomes

1. Relate complex everyday situations to the law

• Identify legal problems in real-life or original simulated factual situations.
• Analyse the nature of different complex and highly specialised legal problems.
• Recognise, appreciate and soundly evaluate different perspectives to the same problem.
• Gather relevant legal sources which may aid in solving a given problem.
• Engage critically and analytically with legal materials in order to make a responsible selection of potentially relevant material with due regard to the weighting of different authorities.
• Present different perspectives on the same legal problem.
• Use their knowledge base to critically evaluate different options in solving a legal problem.
• Present authoritative substantiated argument, based on the responsible use of legal authority, in support of a solution to a given problem.
• Use their advanced knowledge and skills creatively to offer suggestions for solving new problems at a community, national, international and global level.
• Solve complex legal problems in South Africa creatively by responsible comparison to and critical evaluation of solutions in other legal systems, as well as global trends.

2. Understand that the law has to balance different powers and competing interests of individuals and groups in society

• Acknowledge, demonstrate and promote tolerance of diversity within their community, South Africa and globally.
• Respect and investigate different opinions without pre-conceived bias.
• Understand the different role players in the legal process.
• Realise their responsibility to take part in legal development on local, provincial, national and international level.
• Provide scholarly leadership within their community.

3. Demonstrate advanced study skills and learning strategies

• Organise and manage their study plans.
• Use creative and various learning strategies which suit their personal situations and contexts.
• Integrate the legal principles that pertain to various areas of the law.
• Assess their own strengths and weaknesses and develop coping strategies.

4. Demonstrate advanced research skills

• Find and skilfully interpret relevant source material using various resources independently (e.g. the library, the internet).
• Use the library and other resources effectively to suit their individual needs and the needs of the particular area of research.
• Analyse and critically evaluate all relevant information to select specifically applicable material for a specific legal issue.
• Organise relevant material with due regard to the weighting of different sources of law.
• Act responsibly and ethically as an advanced researcher and scholar.
• Follow conventions of scholarship in their discipline.
• Present substantiated and original arguments, opinions and solutions, based on their research.
• Analyse complex situations and explain the legal issues involved.
• Demonstrate their understanding of different points of view.
• Argue and evaluate different perspectives on complex issues.
• Provide a balanced, original and objective evaluation of a legal issue.
• Present substantiated in-depth legal argument coherently within a given context.
• Critically evaluate counter argument and respond in a responsible and accountable manner.
• Use authorities responsibly to substantiate complex legal argument.

5. Skilfully communicate their interpretation of legal sources in their own words

• follow the language conventions of written and/or oral use in the discipline of law.

6. Select the appropriate technology (computers, internet, etc.) for learning, research and communication

• Use available technology responsibly and skilfully to enhance learning and scholarship.
• Recognise and apply the ethics and legal issues involved in the use of technology.
• Identify legal issues pertaining to the use of e.g. the internet and deal effectively with those.
• Stay abreast of legal developments in regard to technology.

1. Show in-depth understanding of the legal systems of the world for purposes of comparative research and problem-solving:

• Place the South African legal system(s) in context within Africa and the rest of the world.
• Identify similar situations in comparable legal systems and seek harmonising solutions.
• Appreciate and tolerate cultural and religious diversity as manifested in different legal orders.
• Realise and participate in South Africa's contribution to a just world legal order.
• Understand South Africa's role in international law, including regional and international conventions and initiatives.
• Explain the significance of international law, including regional and international conventions and other instruments for the South African community.

Assessment Criteria associated with Developmental Outcomes

1. Provide original, in-depth and critical explanations of their acquired knowledge

• Follow academic conventions regarding referencing and avoid plagiarism.
• Effectively use help-seeking strategies to further their own learning and that of others.
• Apply what they study in different complex contexts, both real and simulated.
• Display self-awareness of learning preferences and strategies to suit their needs.
• Show evidence of highly effective study skills.

2. Apply the fundamental constitutional values within their community

• Identify, interpret and accommodate cultural, religious and other types of diversity within a given context with a view to solving real or potential problems of conflict.
• Seek just and harmonising solutions to solve conflicts within local, national and global communities.
• Provide the relevant authoritative and persuasive sources and materials for responsible decision-making.
• Consider different points of view and take responsible decisions on the grounds of their acquired knowledge base and advanced lawyering skills.
• Educate the community to understand the basic values underlying constitutional democracy.
• Assume leadership and lead responsibly in matters relating to law in their community.
• Display advanced legal scholarship in areas of the law where there is a need for legal development and/or reform within their community, regionally and globally.
• Realise their responsibility to engender respect for the law within their community.
• Strictly adhere to the ethics of the legal profession.
• Contribute to the realisation of a just and democratic society based on constitutional values.

3. Interpret cultural diversity within the constitutional framework

• Create mechanisms for conflict resolution across social divides.
• Recognise unique cultural constructs and accord these their rightful place within the law.
• Recognise, appreciate and protect creations of the human mind as well as aspects of the human personality.

1. Ilustrate the relationship between the knowledge, skills and attitudes acquired in studying towards the LLD and those of the community at large (locally, regionally and globally):

• Make connections between theoretical knowledge and practical application in the real world.
• Identify areas for legal education within their communities, locally and regionally.
• Identify the lawyering skills which are highly valued in the workplace and other sectors of society.
• Use the skills required for efficiency in the legal professions: objective, critical and analytical evaluation of situations; respect for and interpretation of other opinions; responsible, substantiated and fair decision-making; effective communication skills and interpersonal sensitivity.
• Deal effectively with problems and tasks as they arise in the real world by drawing upon the skills from the LLD (critical thinking, abstract problem-solving, conflict resolution, etc).
• Demonstrate their sense of and commitment to legal ethics.
• Use their acquired knowledge base, skills and attitudes to play a leading role in the legal profession.

5. Identify and address the need for legal services within their community

• Identify the need for legal education within society and train people to do it.
• Have a realistic view of their own worth and value to play a leading role in contributing to their local community, regional and global society.
• Communicate that value to others in the real world.
• Demonstrate a healthy self-esteem and confidence in their specialised knowledge, skills and attitudes as required to complete the LLD qualification.
• Deal with various unfamiliar situations drawing upon their acquired knowledge base and advanced lawyering skills.
• Demonstrate that they have the academic knowledge to manage a legal office effectively.

Assessment Criteria associated with Specific outcomes

1. Identify and soundly evaluate complex legal issues in real or simulated fact scenarios.

• Interpret and critically analyse daily occurrences within a legal framework.
• Play a leading role in developing the law within a regional and global context to cope with modern-day challenges and problems.

2. Interpret, scrutinize and explain complex legal problems within different contexts

• Provide an original, unbiased and balanced perspective on legal problems.
• Consider different points of view and critically evaluate them in terms of their acquired knowledge base and advanced lawyering skills.

3. Find the relevant sources and authorities to solve advanced legal problems

• Critically analyse and soundly evaluate the relevance and applicability of various legal sources and authorities to complex legal problems.
• Select the most appropriate and authoritative legal materials to solve legal problems.
• Consider and critically evaluate different solutions to a problem and contemplate the consequences of each solution for future legal development.
• Provide substantiated responses, based on their acquired advanced knowledge base.
• Provide responsible and expert advice on an appropriate course of action.

4. Critically interpret legal text within a contextual framework

• Reflect on views expressed in text and critically evaluate and debate these.
• Skilfully use sophisticated legal text to substantiate advanced arguments and support solutions.

5. Draft and interpret complex legal documents

• Provide expert opinions on complicated legal issues.
• Represent parties in complicated legal proceedings.
• Demonstrate the required advanced academic knowledge to play a leading role as an academic or in managing a legal office, and in shaping the legal dispensation.
• Use technology skilfully, responsibly, effectively and appropriately.

6. Reflect on and critically evaluate legal theory and practice

• Recognise areas in need of legal development or law reform and provide the legal expertise to address them.
• Apply historical and/or comparative methods to develop answers to current issues and complex problems.
• Interpret the legal implications of South African conditions in both regional and global perspectives.

7. Realise, and act in accordance with, the ethics and code of conduct required of a leading lawyer

• Understand his or her responsibility as a leading lawyer in a constitutional democracy and act accordingly.

8. Use his or her acquired advanced skills and knowledge to advance legal awareness within the community

• Reflect on complex problems in society and seek and advance responsible solutions.
• Interpret and apply the underlying constitutional values to diverse problems in society.
• Show advanced awareness and tolerance of diversity and seek harmonizing solutions.
• Deal with conflicting interests within a community, locally, regionally as well as globally.
• Harmonise conflicting interests arising from horizontal and vertical relationships (for example state/state, state/individual, individual/individual).

Integrated Assessment

• Formative Assessment: Learning and assessment are integrated. Formative Assessment is a continuous and personal process of interaction between the promoter and the student.
• Summative Assessment: Students will be evaluated on an oral examination in a major subject and two subsidiary subjects and on their Doctoral thesis. Summative Assessment tests the learner's ability to manage and integrate a large body of knowledge to achieve the stated outcomes of the qualification. It also assesses the advanced research skills that the learner has acquired.
• Integrated Assessment: All assessment will integrate knowledge, skills and attitudes and applied competence.