Doctor of Philosophy in Laws

Purpose

The qualification requires that the learners undertake research at the most advanced academic levels culminating in the submission, assessment and acceptance of a thesis or a series of (four or five) subject related journal articles accepted or published in a journal of international standard. The Doctor of Philosophy (PhD) in Laws aims to pool specialised knowledge of law and complementary areas historically not part of pure Law, like Law and Anthropology, Law and Economics, Law and Development, Environmental Law and Law and Society in an international context. Innovative research into law is an international trend, especially in the development context.

Upon completion of the qualification the learner will be able to

• Demonstrate expertise and critical knowledge in a selected field of Law and the ability to apply the knowledge by conceptualising a research initiative to create new knowledge.
• Submit proof of thorough proficiency in the appropriate research skills by formulating a relevant and viable research topic, motivating it on the basis of a clear problem statement, developing points of departure, suppositions and hypotheses, setting a framework for the solution of the complex problem and by designing a feasible research programme.
• Display a coherent and critical understanding of the methodology applicable to the field of Law so as to rigorously critique and evaluate current research in this field, participate in scholarly debates and research relating to theory and practice and formulate independent points of view.

Rationale

This Degree is a response to an identified national and international need for well-trained Doctoral graduates with an advanced and in-depth knowledge of the Law and Development field combined with relevant fieldwork skills and experience. More broadly, the rationale for this qualification is to contribute to the generation of locally-defined, internationally-recognised, knowledge-driven decision-making in different fields of national and international law and development through an advanced level of research. The challenges faced in eradicating poverty through sustainable development have never been more urgent. Law is a vital part of addressing the challenges of poverty and sustainability. Yet law and development in development practice has all too often been orientated towards large-scale top-down institutional projects and too few contributions have been rooted in a complex understanding of law rooted in locally-defined needs. This qualification is in response to address this knowledge and research gap.

This Doctor of Philosophy in Laws will enable the qualifying learners to take part in multi-disciplinary research and teaching programmes worldwide due to its focus on local and international development issues.

Recognition of Prior Learning (RPL)

The Institution endorses the view that Recognition of Prior Learning (RPL) constitutes an essential element of the transformation of access and admissions policies at higher education institutions in South Africa. The Institution and Faculties of Law acknowledge that the RPL must be conducted in a valid, reliable and equitable way and that it must take place in accordance with the terms of the Institutional RPL Policy. In this specific qualification experience in fieldwork and advanced practical legal research in the field of Law and Development is also taken into consideration. Therefore, should a learner apply for admission without the stated admission requirements, a comparison will be made of the previous learning and experience of the candidate, howsoever obtained, against the learning outcomes required for a specified qualification, and a learner can be accepted for purposes of the qualification if they meet all the requirements.

Entry Requirements

The minimum entry requirement for this qualification is

• Master of Laws at Level 9.

Or

• Any other recognised Master's Degree at Level 9 in Anthropology, Development Economics, Social Development, Environmental Management or Development Studies.

• Research project.

Or

• Four or five journal articles published in a journal of international standard.

Both options at Level 10, 360 Credits.

1. Demonstrate expertise and critical knowledge in a selected field of Law and the ability to apply the knowledge by conceptualising a research initiative to create new knowledge.
2. Submit proof of thorough proficiency in the appropriate research skills by formulating a relevant and viable research topic, motivating it on the basis of a clear problem statement, developing points of departure, suppositions and hypotheses, setting a framework for the solution of the complex problem and by designing a feasible research programme.
3. Display a coherent and critical understanding of the methodology applicable to the field of Law so as to rigorously critique and evaluate current research in this field.
4. Use advanced information retrieval and processing skills to identify, critically analyse and synthesise information relevant to issues in the area of specialisation, debating solutions from theoretical and research perspectives published in current literature.
5. Use empirical research techniques, including quantitative and/or qualitative research methods, as well as fieldwork skills in law and development to investigate a research problem.
6. Identify, critically evaluate, address and manage emerging ethical issues and normative behaviour to advance the process of ethical decision-making as relevant in research practice and to the selected area of Law.
7. Demonstrate an ability to produce substantial, independent, in-depth and publishable work which meets international standards, is considered to be original or innovative by peers, and makes a significant contribution to the selected field or practice of Law.
8. Disseminate, present and defend research findings or strategic and policy initiatives to specialist and non-specialist audiences according to acceptable academic and professional or occupational discourse.
9. Operate independently and take full responsibility for own work, and where appropriate to lead, oversee and be held ultimately accountable for the final product.

The following associated assessment criteria are applied in an integrated way to determine competence in the Exit Level Outcomes:

• Design a research programme and draft a research proposal.
• Make a distinct, original contribution to the knowledge of and insight into a selected field of the law, either by the revelation of new facts or by the exercising of an independent critical value judgment.
• An original, in-depth and publishable academic contribution to the selected field of Law is made and a thesis is produced or a series of (four or five) subject related journal articles are published in a journal of international standard.

Integrated Assessment

Assessment practices are open, transparent, fair, valid, and reliable and ensure that no learner is disadvantaged in any way whatsoever, so that an integrated approach to assessment is incorporated into the qualification. Furthermore, learning, teaching and assessment are inextricably interwoven. Whenever possible, the assessment of knowledge, skills, attitudes and values shown in the qualification should be integrated.

Summative assessment

In line with the National Higher Education Policy for Outcomes-based Education and the SAQA level descriptors as relevant to the graduate attributes for qualifications on the Higher Education Qualification Sub-Framework, the assessment approach comprises appropriate, continuous formative and summative assessment activities within an outcomes-and source-based higher education environment.

The learning outcomes and assessment criteria are clearly and correctly communicated to learners in order to guide all their assessment practices. Furthermore, in accordance with national expectations and institutional policies, all assessment instruments are appropriate, valid and reliable in measuring the stated research-related qualification outcomes.

In accordance with the General Academic Rules of the Institution for Doctoral Degrees, the required structure of a Doctoral Degree is prescribed by Faculty Rules provided that the research product submitted for examination makes a distinct contribution to the knowledge of and insight into a subject field and produces proof of originality, either by the revelation of new facts or by the exercising of an independent critical value judgment. For this Doctoral Degree, the learner may either submit a thesis or write a series of original articles for publication. These outputs will be assessed according to very specific criteria in line with the standards and requirements of the Institution.

The assessment opportunities in this qualification also include one integrated and compulsory oral examination that learners must pass before they may commence with the writing of the thesis. The learner has to obtain a mark of at least 50% for the oral examination, which mark does not contribute to the final assessment of the thesis.