The synopsis for a legal doctoral thesis.
In a legal exposé, the research question carries almost all the weight. There is no methodology chapter as found in empirical disciplines; instead, the problem outline must be sound and the research gap must be substantiated.
A legal exposé is usually between 5 and 12 pages long. It identifies an unresolved legal issue, situates it within case law and legal literature, defines the scope of the research, and proposes an outline. It is crucial to demonstrate that the question is open, relevant and can be addressed within the planned timeframe.
The components
The terminology varies from one department to another, but the substance remains the same. Always check your supervisor’s guidelines first: some require a detailed draft outline, whilst others place greater emphasis on the current state of research.
Refining the research question
The most common shortcoming is a question that is, in fact, an area of law in its own right. ‘The reform of employment law’ is not a topic, whereas ‘The scope of the employer’s right to issue instructions in the case of location-independent work under the revised version of the section’ is.
A useful test: can you formulate the expected answer in a single sentence without already knowing it? If not, the question is still too broad.
Those in professional practice have an advantage here. Over the course of a few weeks, make a note of the unresolved questions from your professional experience for which you cannot find a definitive answer in the literature. Ten such notes will usually yield one that stands up to scrutiny.
Why legal exposés fail
Research into ongoing and completed doctoral theses should be carried out at the very beginning. Ongoing work is only partially visible; your supervisor is familiar with the field.
One legal provision, one conflict, one question. Anything else cannot be dealt with in a timely manner.
Practical relevance is no substitute for an academic research question. A thesis is needed that can be substantiated or refuted.
Case law and legal literature evolve whilst you are writing. Without a fixed completion date, you are working towards a moving target.
Comparative law: when it is worthwhile
A look at another legal system can significantly enhance a thesis if the foreign solution sheds light on your own problem. It can also derail it, as comparative law requires language skills, access to sources and an understanding of the context of the foreign legal system.
Decide on this consciously and with good reason in your proposal, not later on a hunch that something is still missing.
What helps practising lawyers
Legal work lends itself well to being broken down into manageable chunks: reviewing material and extracting key points can be done even in short bursts, whilst constructing an argument requires longer blocks of time. Those who separate the two and treat them differently in their diary will make progress alongside their client work.
Set a deadline early on for the status of your review of case law and legal literature, and record it in your exposé. This is standard practice in the field and will protect you in the final stages.
Frequently asked questions.
How long is a legal synopsis?+
Usually 5 to 12 pages. The doctoral regulations and your supervisor’s guidelines are decisive.
Do I need an outline at this stage?+
A draft, yes. It shows that the topic can be broken down into manageable chapters and that you are able to estimate the scope of the work.
How do I check whether the topic has already been assigned?+
By checking dissertation indexes, publishers’ catalogues and, above all, by speaking to the department responsible for that field.
Do I have to adopt a comparative law approach?+
Only if the research question requires it. Comparative law significantly increases the workload and the volume of material, and must be justified.
Should a timetable be included?+
Yes. It demonstrates that you have a realistic assessment of the scope of the research involved.
How extensive should the literature review be?+
It should provide guidance, not demonstrate exhaustiveness. The key strands are sufficient.
This fits in with that.
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