UNIVERSITY OF KENT
Module Specification
1. The title of the module
Independent Comparative Research Paper (LW911)
2. The School which will be responsible for management of the module
Law
3. The Start Date of the Module
Spring 2010
4. The cohort of students (onwards) to which the module will be applicable.
September 2009
5. The number of students expected to take the module
2-20
6. Modules to be withdrawn on the introduction of this proposed module and consultation with other relevant Schools and Faculties regarding the withdrawal
None
7. The level of the module (eg Certificate [C], Intermediate [I], Honours [H] or Postgraduate [M])
M (FHEQ Level: 7)
8. The number of credits which the module represents
30
9. Which term(s) the module is to be taught in (or other teaching pattern)
Spring
10. Prerequisite and co-requisite modules
None. This module is uncompensatable, uncondonable and non-trailable.
11. The programmes of study to which the module contributes
LLM in Law (Erasmus-Europe)
12. The intended subject specific learning outcomes and, as appropriate, their relationship to programme learning outcomes
This module requires students to conduct supervised independent research spanning two jurisdictions on a topic of their choosing and to write a 7,000-8,000 word essay. Students will have to formulate a suitable research question, determine appropriate research resources and strategies, engage critically with relevant bodies of literature, develop sustained and coherent arguments in support of their claims and analyse the findings that emerge from their research. Students taking this module will actively engage with the multi-jurisdictional dimension of the LLM in Law (Erasmus-Europe) programme by conducting systematic comparative research that permits in-depth exploration of the social and political contexts, relevant theoretical perspectives and policy implications of an area of law studied at Kent and the student’s selected partner university. In terms of subject -specific learning outcomes, a student who successfully completes the module will:
12.1 Understand the difficulties involved in formulating a meaningful and feasible comparative research question in their selected area of law and will be able to identify and use scholarly methods for overcoming such difficulties.
12.2 Be aware of methods of comparative and analysis of policy, sources, concepts and principles and structures of law that pertain to the selected field of research.
12.3 Have deepened their knowledge of the operation of law and policy in both jurisdictions in their selected field of research.
12.4 Have enriched their understanding of the political, economic and social contexts of law in both jurisdictions in their selected field of research.
12.5 Be able to engage critically with leading theoretical, social and academic debates that have shaped developments in their selected field of law in both jurisdictions.
12.6 Have acquired bi-jurisdictional expertise in researching digital and non-digital sources of information relevant to their selected field of law.
These subject-specific learning outcomes are fundamental to the following learning outcomes of the LLM in Law (Erasmus-Europe)
A. Knowledge and understanding of:
PLO A1. Institutions, sources, concepts, principles and structures of selected areas of English law and those of the Erasmus-Europe partner’s jurisdiction. (12.3, 12.4, 12.6)
PLO A2. Methods of comparative analysis of policy, sources, concepts, principles and structures of law. (12.2, 12.6)
PLO A3. Substantive law and policy relevant to a student’s chosen specialized modules and dissertation and the contextual setting of the law and policy in these fields. (12.3, 12.4, 12.5,)
PLO A4. Leading theoretical, social and academic debates that shape developments in the substantive areas of law studied by the student. (12.4, 12.5)
PLO A5. Critical, theoretical and evaluative frameworks for explaining, assessing, and critiquing English law and policy and the law and policy of the selected Erasmus-Europe partner’s jurisdiction. (12.2, 12.3, 12.4, 12.5)
B. Intellectual Skills:
PLO B1. The ability to apply specialist knowledge of English law and policy and the law and policy of the Erasmus-Europe partner to solve problems. (12.2, 12.3, 12,4, 12.5)
PLO B2. The capacity to evaluate selected issues in English law and the law of the Erasmus-Europe partner according to critical theoretical frameworks for explaining and critiquing law and policy. (12.3, 12.4, 12.5)
PLO B3. Understanding of how to construct critical comparative arguments on central issues and areas of controversy in law and how to present a reasoned opinion based upon relevant materials. (12.4, 12.5)
C. Subject-Specific Skills
PLO C1. Identify relevant issues in English law and the law of the selected Erasmus-Europe partner’s jurisdiction from potentially complex factual situations and evaluate critically and comparatively how the two legal systems respond to such situations. (12.1, 12.2, 12.3, 12.4, 12.5)
PLO C2. Research and access the main sources of law and policy that are relevant to solving complex factual problems within the specialist areas of law studied at the University of Kent and the Erasmus-Europe partner. (12.1, 12.2, 12.6)
PLO C3. Appreciate and evaluate the main theoretical and political perspectives that underlie legal provisions in the specialist areas of law studied at the University of Kent and the Erasmus-Europe partner. (12.3, 12.4, 12.5)
PLO C5. Identify the limitations of present knowledge and matters needing to be resolved by further research into English law and policy and the law and policy of the Erasmus-Europe partner; and utilise research skills to commence further research into unresolved issues. (12.1, 12.2, 12.3, 12.4, 12.5, 12.6)
13. The intended generic learning outcomes and, as appropriate, their relationship to programme learning outcomes
The module provides an intellectual bridge between stage 1 essays based on questions set by module instructors, where the students’ research generally starts with sources assigned by module instructors, and the more demanding stage 2 dissertation where the student is entirely responsible (under academic supervision) for framing research questions as well as planning, executing and reporting the research. Thus, the generic learning outcomes of this module relate to research, evidence handling, argumentation and written communication skills.
A student who successfully completes the module will:
13.1 Have demonstrated the ability systematically to carry out the requisite stages of supervised research planning, execution and reporting that are necessary to complete a reasonably substantial project within a time constraint.
13.2 Have developed their skills of critical argumentation, including the marshalling, presentation and assessment of relevant and reliable evidence.
13.3 Have acquired confidence and expertise in researching and locating the legal information and sources of at least two jurisdictions using digital and non-digital resources .
13.4 Have improved their skills of systematic presentation of written information in accordance with academic conventions and appropriately to the intended audience.
13.5 Have strengthened their capacity to learn independently through a process of structured supervised research, including the capacity to make effective use of scholarly supervision.
13.6 Be able to evaluate their strengths in relation to scholarly research and writing and to identify needs for further training and development.
Relationship to programme learning outcomes
B. Intellectual Skills
B4. Knowledge of how to locate and collect relevant information and literatures and how to access key paper and digital sources (13.1, 13.3)
B5. Ability to construct critical arguments on central issues and areas of controversy; to present reasoned opinions supported by reference to reliable and relevant materials; to recognise potential alternative arguments and evidence contrary to a student’s own position and to present a reasoned justification for that position (13.1, 13.2, 13.4)
B6. Capacity to offer critical challenge to received understanding on particular issues and to demonstrate independence of mind. (13.1, 13.2, 13.5)
B7. Ability to reflect constructively on their learning progression. (13.5, 13.6)
B8. Knowledge of how to present information and arguments in written form, in accordance with academic conventions and appropriately to the intended readership. (13.1, 13.4)
D. Transferable Skills
D1. Use of information technology in research and writing (13.1,13.3,13.4)
D2. Problem-solving (13.1,13.2,13,3)
D3. Written and oral communication skills (13.4, 13.6)
D4. Critical thinking (13.1, 13.2)
D5. Independent learning (13.1, 13.5,13.6)
14. A synopsis of the curriculum
The module consists of supervised independent research of a question topic selected by the student. Thus the curriculum and reading list focus on independent study to support the research process and the development of the requisite skills rather than content. The teaching and learning process for this module will guide students through the research process, from identification of a research topic to formulation of researchable questions, to understanding of feasible comparative research methods to research design, and execution, note-taking, reporting and analysing findings, constructing arguments, drafting and editing text, footnotes and citation practices and skills for presenting scholarly research. Students will meet an academic supervisor at the end of the first term (usually week 11 or 12) to discuss preliminary matters such as research topic, initial reading list and schedule of supervisions. Supervision will be provided on a biweekly basis throughout the Spring term, using distance methods of communication.
15. Indicative Reading List
Booth, Wayne C., Gregory G. Colomb & Joseph M. Williams, The Craft of Research
(Chicago, University of Chicago Press, 3rd ed,, 2008)
Frankenberg, Günter, “Critical Comparisons: Re-thinking Comparative Law” (1985) 26
Harvard International Law Journal 411.
Hart, Chris, Doing a Literature Review: Releasing the Social Science Research Imagination
(Thousand Oaks: Sage, 1998).
Samuel, Geoffrey, “Comparative Law as a Core Subject”, (2001) 21 Legal Studies 444.
Van Hoecke, Mark (ed) Epistemology and Method of Comparative Law (Oxford: Hart, 2004).
Van Hoecke, Mark & Mark Warrington, “Legal Cultures, Legal Paradigms and Legal
Doctrine: Towards a New Model for Comparative Law”, (1998) 47 International and
Comparative Law Quarterly 495-536.
Zweigert, Konrad & Hein Kötz, An Introduction to Comparative Law (Oxford: OUP, 3rd ed
1998; tr. Tony Weir).
16. Learning and Teaching Methods, including the nature and number of contact hours and the total study hours which will be expected of students, and how these relate to achievement of the intended learning outcomes.
Learning and teaching activities and relationship to learning outcomes / Approximate contact and study hours /Students will meet academic supervisors at the end of the first term (usually week 11 or 12) to discuss preliminary matters such as research topic, initial reading list, schedule of supervisions, outline submission deadline, the research journal, feedback and modes of supervisory communication.
Contributes to learning outcomes: 12.1, 12.2, 13.1, 13.5 / 1 contact hour + 2 student preparation, research, reflection & review hours
Bibliographic skills development: In addition to the standard library skills training provided to all postgraduate law students, students taking this module will undergo at least one hour of hands-on library skills training on accessing and using Kent’s digital resources in the field of comparative law scholarship.
After arrival at the Erasmus-Europe partner institution students will undergo library skills training on the digital and non-digital resources available at the partner institution.
Contributes to learning outcomes: 12.6, 13.1, 13.3 / At least 2 contact hours with library staff at Kent and at the Erasmus-Europe partner institution.
Independent study: Most of the learning and teaching time on this module is allocated to independent study. After selecting a research topic, students must formulate a research question, develop a thesis statement, devise bibliographic search strategies, review the literature and select a research method, draft a preliminary outline for approval, carry out the research, analyse the findings and write up their results of their research using appropriate academic style and conventions.
In addition to writing the essay, students must document their independent study activities and the approximate time spent on each phase of their research and writing in a research journal. As well as recording progress, the journal is intended to encourage students to:
Ø develop a habit of regular writing;
Ø cultivate systematic practices for noting and evaluating their readings;
Ø evaluate critically what they are learning from the research process.
Contributes to learning outcomes: 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 13.1, 13.2, 13.3, 13.4, 13.5, 13.6 / 275 hours of research, private study and writing.
Academic supervision: academic supervisors will advise students on their bibliographic search strategies, general readings and literature review and on the formulation of research questions and suitable method. Supervisors will review and provide feedback on the thesis statement and statement of research questions, review and mark the outline and generally offer guidance on good scholarly practice.
Contributes to learning outcomes: 12.1, 12,2, 12.5, 13,2, 13.4, 13.5, 13.6 / Approximately 6 hours of supervision during Spring term + approximately 6 hours spent preparing for supervision and reflecting on supervisory content.
Presentation: Students will present their research at an LLM workshop convened in the Summer term. The workshop will be attended by the supervisor and the module’s second marker and will be open to all graduate students. Each student will be given 30 minutes to present their research and an additional 20 minutes to respond to questions and comments.
Contributes to learning outcomes: 12.2, 12.3, 12.4, 12.5, 13.1, 13.2, 13.5, / 1 hour presentation, up to 5 hours preparation.
17. Assessment methods and how these relate to testing achievement of the intended learning outcomes
There are four formal assessment instruments:
1. A 1000 word outline and preliminary bibliography, due no later than the end of February. The outline is worth 5 percent of the final mark.
Successful completion of this assessment activity contributes to attainment of learning outcomes: 12.1, 12.2, 12.6, 13.1, 13.3, 13.4, 13.5.
2. Presentation of the research at an LLM workshop in the Summer term. The presentation is worth 5 percent of the final mark. Successful completion of this assessment activity contributes to attainment of learning outcomes: 12.2, 12.3, 12.4, 12.5, 13.1, 13.2, 13.5,
3. Maintenance of a research journal that documents the student’s research activities and learning experiences: the research journal is worth 10 percent of the final mark. Successful completion of this assessment activity contributes to learning outcomes: 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 13.1, 13.2, 13.5, 13.6
4. A 7,000-8,000 word essay in which students report and analyse their research: the essay is worth 80 percent of the final mark. Successful completion of this assessment activity contributes to learning outcomes: 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 13.1, 13.2, 13.3, 13.4, 13.5.