AMENDED ON 11.05.2016
UNIVERSITY OF MALTA
FACULTY OF LAWS
GUIDELINES REGARDING LL.D. THESES
2011
TABLE OF CONTENTS
A.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
12.
13.
14.
15.
16.
17.
FUNCTIONS OF FACULTY BOARD
Approval of titles and thesis proposals
Appointment of supervisors/co-supervisors
Topic to be susceptible of research at LL.D. level
Availability of material
Log Book
Declaration of Authenticity
Library Guide for Digitized Dissertations
First submission of Thesis
Uploading of Thesis on VLE
Final Version of Thesis
Board of Examiners
Establishment and Functions of the Dissertations Committee
Deadlines
Change in Thesis Titles
Students on Exchange Programmes
Placing of Thesis in various libraries
4
4
4
5
5
5
6
7
7
8
8
9
10
11
11
11
11
B.
OBLIGATIONS & RESPONSIBILITIES OF STUDENTS
12
C.
FUNCTIONS OF SUPERVISORS
14
D.
1.
2.
3.
4.
5.
6.
7.
REGULATIONS FOR THE PRESENTATION OF LLD THESES
Cover
Paper Quality and Typographical Detail
Pagination
Word Limit
Preliminaries
Text
End Matter
17
17
17
18
18
18
20
22
E.
RECOMMENDATIONS TO STUDENTS UNDERTAKING
RESEARCH FOR THE LLD THESIS
General observations
What is Research?
23
1.
2.
23
24
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.
2
3.
4.
5.
6.
7.
8.
9.
F.
1.
2.
3.
4.
5.
Methodology
Basic rules
Use of the Library
Resources in the Library
Using the sources in the library
Evaluation of Sources
Writing the thesis
25
25
26
26
27
27
28
ANNEXES - FORMS
ANNEX A – Submission of LL.D Thesis Title and Thesis Proposal
ANNEX B – Declaration by Academic Member on the Proposed LLD Thesis Title
and Proposal
ANNEX C – Log Book and Submission note
ANNEX D – Declaration of Authenticity and Copyright release form
ANNEX E – Library Guide for Digitized Dissertations
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.
3
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, a copy
of which is annexed to these guidelines as Form 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 (Form 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 contained in
Form B attached to the Guidelines.
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
outside the Faculty should such a co-supervisor be appointed would be available to
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.
4
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.
The Log Book duly filled has to be submitted by the student as follows:
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.
5
(a) Preliminary Copy
To submit a preliminary copy of the log book, together with a minimum of two
chapters of their thesis, by mid-February or as otherwise indicated by the Faculty,
for examination by the Dean. The Dissertations Committee may request a student to
submit his/her log book for inspection at any other period in time.
(b) Final Copy
To be submitted in May of each year of the LLD III Year or as indicated by the
Faculty.
The text of the Log Book is reproduced as Annex C of these Guidelines.
The Faculty reserves the right not to accept a thesis if is not accompanied with all the
documentation duly filled and signed in mentioned paragraphs (a), (b) above. Log Books
are kept for Faculty records only. The submission note, Form B, 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 at Annex D
available on
https://www.um.edu.mt/laws/docs/other_forms/Declaration_of_Authenticity_for_LL.D
_and_Masters.pdf and the Guidelines on Plagiarism and Collusion are available on
www.um.edu.mt/registrar/regulations/general .
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.
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.
6
7.
Library Guide for Digitized Dissertations
The whole thesis should be in the format set out in the Library Guide for Digitized
Dissertations. The text of this guide is available as Annex E. 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.
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.
TIME EXTENSIONS beyond end of May, will NOT be allowed to LLD students, 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* 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;
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.
7
•
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. This is to be included after the title page;
•
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 (Moodle)
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 (Moodle). The purpose of this
procedure is to generate a report by the plagiarism software. Such report is made
available by the Supervisor to the Chairman 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 number of copies of the final approved version of
their LL.D Thesis to the Faculty Office:
•
1 hard copy PRINTED BACK TO BACK of their thesis including 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
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.
8
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 Law Courts Library, GhSL Library, Dean and Heads of
Departments. The Thesis should be saved as one whole document with the code
indicated on the Faculty Homepage under Notices.
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.
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.
9
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
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.
NB: E-Dissertations guidelines of the UOM Library prevail over these guidelines and where there is a 10
conflict between them, it is the Library Guidelines which should be followed.
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
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.
NB: E-Dissertations guidelines of the UOM Library prevail over these guidelines and where there is a 11
conflict between them, it is the Library Guidelines which should be followed.
16.
Placing of Thesis in various Libraries
On 22nd September 2009, the Faculty Board decided that only Thesis marked with a
Grade C or higher should be placed at the University of Malta Library, the Law Courts
Library and the Ghaqda Student tal-Ligi Library.
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, copy of which is annexed to these guidelines, Form A.
The application form shall include:
4.
(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.
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.
NB: E-Dissertations guidelines of the UOM Library prevail over these guidelines and where there is a 12
conflict between them, it is the Library Guidelines which should be followed.
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
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 cosupervisors, 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 thesis for the approval of the Faculty Board not later
than end May of his/her third year of studies.
NB: E-Dissertations guidelines of the UOM Library prevail over these guidelines and where there is a 13
conflict between them, it is the Library Guidelines which should be followed.
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.
NB: E-Dissertations guidelines of the UOM Library prevail over these guidelines and where there is a 14
conflict between them, it is the Library Guidelines which should be followed.
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.
NB: E-Dissertations guidelines of the UOM Library prevail over these guidelines and where there is a 15
conflict between them, it is the Library Guidelines which should be followed.
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.
NB: E-Dissertations guidelines of the UOM Library prevail over these guidelines and where there is a 16
conflict between them, it is the Library Guidelines which should be followed.
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.
NB: E-Dissertations guidelines of the UOM Library prevail over these guidelines and where there is a 17
conflict between them, it is the Library Guidelines which should be followed.
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:
NB: E-Dissertations guidelines of the UOM Library prevail over these guidelines and where there is a 18
conflict between them, it is the Library Guidelines which should be followed.
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).
NB: E-Dissertations guidelines of the UOM Library prevail over these guidelines and where there is a 19
conflict between them, it is the Library Guidelines which should be followed.
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:
6.5
(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.
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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conflict between them, it is the Library Guidelines which should be followed.
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 crossreferenced 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”.
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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:-
(8)
•
•
•
•
(9)
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.).
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
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.
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conflict between them, it is the Library Guidelines which should be followed.
(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:
th
1.
Guidelines amended at FB Mtg held on Friday, 11 November 2011
2.
Amendment by FB meeting held on Friday 2 March 2012 (Note 5.2)
3.
Amendment by FB meeting held on Friday, 1 June 2012 (Notes 5a, 9, 13)
4.
Amendment by FB meeting held on Monday, 3 September 2012 (Notes 9, 11)
5.
Amendment by FB meeting held on Friday, 11 January 2013 (Notes 1, 5.2, 8, 11)
6.
Amendment by Dissertation Committee meeting held on Friday, 8 November 2013 [Notes 9(7) – (12)]
7.
Amendment by FB meeting held on Friday, 4 September 2015 (Note 11)
8.
Amended by FB meeting held on Tuesday, 12 January 2016 (Note 11)
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