Getting a PhD in Law

Caroline Morris, Cian C Murphy

• Publisher: Hart Publishing
• Year: 2011
• ISBN:
  9781847317704
• Edition: 1
• Topic: Law
• Subtopic: Legal Education
• Index: Law

Getting a PhD in Law is a unique guide to obtaining the degree of Doctor of Philosophy of Law in the UK. While there is a wide range of study guides for PhD students in the social sciences and other science-based disciplines,
there is very little information available on the process of obtaining a PhD in law. Research degrees in law share some attributes with those in related disciplines such as the humanities and social sciences. However, legal methodology and the place of the PhD in law in the young lawyer's career create unique challenges that have not been addressed by existing guides. Getting a
PhD in Law fills this clear gap in the market, providing an accessible guide to the PhD process from topic selection to thesis publication. This readable and informative guide draws on interviews and case studies with PhD students, supervisors and examiners. Getting a PhD in Law will be essential reading for the growing numbers of PhD students in the UK's many law schools-and those internationally who wish to learn from UK best practice.

1

Why Do a PhD in Law?

An article in the 18 December 2010 issue of The Economist was entitled ‘The disposable academic’ and argued that the system for research degrees was exploitative of some of the most talented young minds of a generation. It opened by observing:

In most countries a PhD is a basic requirement for a career in academia. It is an introduction to the world of independent research—a kind of intellectual masterpiece, created by an apprentice in close collaboration with a supervisor. The requirements to complete one vary enormously between countries, universities and even subjects. Some students will first have to spend two years working on a master’s degree or diploma. Some will receive a stipend; others will pay their own way. Some PhDs involve only research, some require classes and examinations and some require the student to teach undergraduates. A thesis can be dozens of pages in mathematics, or many hundreds in history. As a result, newly minted PhDs can be as young as their early 20s or world-weary forty-somethings.

Despite the disheartening tone of the article, this opening salvo certainly captures the disparate nature of the PhD community. There may be a typical PhD student but if there is we certainly haven’t met him or her. Even within law schools there is a great variety of nationalities, ages, professional backgrounds and, of course, research interests. But how do you end up as a doctoral student?

Deciding what to do when you graduate can be one of the most difficult choices you face in the later years of your degree. For many, the choice is simple. The budding lawyer will complete a professional training course and seek a pupillage at chambers or a training contract with a firm. Others will take different routes, as a degree in law can be a useful foundation for a career in journalism, business or politics. However, not all students seek employment in the legal or other professions. Some remain in university and further their studies. Others who do begin their careers in practice later decide they would like to pursue an academic career and so return to university. For a few brave souls, the university experience will lead to doctoral studies—three or four years of independent research leading to the award of the university’s highest degree.

This chapter addresses several preliminary issues that you should think about before seriously considering a PhD in law. It sets out the options for further study in law after graduation and explores the answers to several common questions about the PhD in law. These questions include:

— What is a PhD and how does it relate to other postgraduate degrees?

— What is the intrinsic value of completing a PhD?

— How will having a PhD help your career?

Once you have answered these questions you will be in a better position to decide whether or not the PhD in law is the degree for you.

THE PhD AND OTHER DEGREES

A PhD is a type of university degree. The abbreviation, PhD (sometimes DPhil), is derived from the Latin phrase philosophiae doctor which means Doctor of Philosophy. The term ‘PhD’ may also be used to describe the doctoral thesis—a body of work produced in the course of the degree—which we will explore in further detail in chapter two. The PhD as we know it was first awarded in 1828 by the Friedrich Wilhelm University, an institution that is now known as the Humboldt University in Berlin. From there, the degree spread across the world. In time the doctoral degree arrived in the UK where today there are thousands of researchers undertaking doctoral studies across the country. Despite having ‘philosophy’ in the title, a PhD can be obtained in most, if not all, academic disciplines, with the Doctor of Philosophy in Law the subject of our book. The PhD has traditionally been considered a form of apprenticeship for life in the academy. However, in recent years universities and governments have begun to acknowledge that not all who complete a research degree will want—or be able—to obtain a post in a university. As a result there is increasing emphasis on transferable skills and the ability to work across disciplines. While these developments may improve the overall training provided by research degrees, they put greater pressure on doctoral candidates who must not only produce a defensible thesis, but also engage in an often-intensive training programme. A PhD today looks different from one completed a decade ago—and it may look very different again in 10 or 20 years’ time.

Deciding whether or not to pursue a doctorate requires an examination of the research degree alongside other options. The PhD is only one of several types of postgraduate degrees available in law. Many, if not most PhD students will already have completed a Masters degree in law or a related subject before embarking on a doctorate. Consider the admissions criteria for three UK law schools’ PhD programmes:

The candidate should have achieved, or be expected to achieve, at least a strong Merit in a Master’s degree in law or a related discipline, with strong evidence of research and writing ability. This will normally involve achieving a strong Merit in a dissertation component of the Master’s degree. Candidates who do not meet these criteria will only be admitted if the prospective supervisor makes a case for admission based on the candidate’s broader work experience. (King’s College London)

Our minimum standard for admission is a good Upper Second Class honours or equivalent. For those applying to read for an MPhil or PhD, we have a strong preference for a recognised Master’s degree for which we normally expect an average grade of at least 65% (or equivalent). Those without a Master’s degree are expected to provide alternative evidence of ability to successfully undertake high quality written research. (University of Durham)

A minimum classification of 2.1 in their first degree (or equivalent) and, preferably, a Masters degree (or Masters degree pending). (University of Westminster)

It’s clear from these excerpts that many universities will require you to have not just a good undergraduate degree but also a relevant Masters degree. The Master of Laws degree typically takes the form of an LLM (from the Latin, Legum Magister), although one may alternatively receive an MA, MSc, MRes, MLitt, MPhil, MJur or BCL. Whatever the degree title, Masters degrees usually fit one of two models: taught Masters degrees and Masters degrees by research. A taught Masters degree usually involves the student completing several modules of advanced legal study in addition to a research dissertation. On the other hand a Masters degree by research involves a large research project and fewer, if any, taught courses. Whether you choose to undertake a taught or research Masters degree before your PhD will depend in part on what you are trying to achieve. If you wish to further your knowledge in a broad, but still somewhat specialised area of law while keeping the option of further study available then a taught degree may be right for you. If you are more confident about your existing knowledge and would like to see if you enjoy research then an MRes or LLM by research may be more appropriate. We discuss how you can prepare for your PhD in detail in chapter two. However, even before you consider writing a research proposal and contacting potential supervisors, it is possible to prepare yourself for a doctorate.

So, how should you go about setting yourself up to complete a doctorate? If you are a final year undergraduate student and you wish to pursue a doctorate, you should seriously consider first completing an LLM that includes a strong research component. Good research universities encourage their students to consider their Masters degree as direct preparation for the PhD. A key point to a Masters that is preparation for a doctorate is to choose a dissertation topic that may serve as a background study for more detailed doctoral research. Another aspect of preparation concerns the subjects you choose to study (if you decide to take some taught components). As doctorates require you to engage with the theoretical underpinnings of the law, it will be worthwhile taking some theory-based subjects as part of your Masters. This doesn’t necessarily mean you have to spend a year reading Aristotle, Locke, Kant, Marx and Habermas. A theoretically-engaged Masters doesn’t have to be an LLM in Legal Theory. Rather, it is about choosing modules or courses that go beyond doctrinal analysis and dig a little deeper into the law. The skills that such courses teach—whether they are in the areas of constitutional or company law, tort or tax law—will help you to be a more successful doctoral student. In addition to writing a strong dissertation and choosing theoretically-engaged subjects you should also take any opportunities you are presented with to develop research skills. If you hope to conduct empirical research as part of your PhD then you will certainly benefit from appropriate methods training at Masters level. Of course, for many doctoral researchers the idea of doing a PhD only arises during the Masters degree and so it is not possible to tailor that degree for doctoral preparation. But if you happen to be planning in advance then making the right choices at Masters level can save you a lot of time and effort during your doctoral studies.

For the lawyer emerging from the world of undergraduate study, or the practitioner who is considering resuming study, there are several choices to be made before embarking on a PhD. If you are simply seeking to broaden or deepen your knowledge of particular legal subjects, then you may wish to cease your academic inquiries after a Masters degree. If you have completed a Masters degree and believe you want to further your studies—or if you think you can bypass the Masters degree stage altogether—then you may want to consider the value of a PhD.

THE VALUE OF A PhD IN LAW

At a very superficial level, there are some enjoyable perks to holding a doctorate. You have the satisfaction of knowing that you hold one of the highest qualifications in the country. You can ask your friends to call you ‘Doctor’ without having to worry about being expected to deal with medical emergencies. And you can replace your tired student Jane Doe debit card with a snazzy new Dr Jane Doe (hopefully with an appropriately-increased overdraft!). Notwithstanding the obvious enjoyment to be derived from these perks, embarking on a research degree simply to change your title on a bank card is obviously a fool’s errand. Completing a PhD requires a high degree of motivation and dedication and so the prospective PhD candidate will need to be fully committed to their research project.

Shane was a successful practitioner in his field in a medium-sized firm. He had always enjoyed education and so he decided to begin a PhD. He registered at a nearby university for a part-time research degree on a topic close to his practice interests. However, it soon became clear that he had neither the aptitude nor inclination to complete a research degree. After a year of sporadic reading and writing his supervisor suggested they discuss Shane’s progress and future plans. Shane ended up withdrawing from the programme after 15 months. His failure to complete wasn’t a reflection on his intelligence or ability as a lawyer—the degree just wasn’t for him. He had insufficient motivation and limited interest in the subject and so, in all likelihood, he would have been better off not starting it in the first place.

Vitae is an organisation that describes itself as ‘championing the personal, professional and career development of doctoral researchers and research staff in higher education institutions and research institutes.’ In a 2010 Vitae study of doctoral graduates, 78 per cent of respondents agreed that their course had been ‘good value for money’. In general, satisfaction levels amongst doctoral graduates were higher than those amongst graduates of lower degrees (Vitae 2010). When asked what their motivations were for completing a PhD, the top five reasons offered by those in the social sciences (which included law) were:

— Interest in the subject (90.1 per cent)

— Interest in research (84.0 per cent)

— Desire for an academic career (51.9 per cent)

— Broaden career prospects (50.6 per cent)

— Awarded a scholarship (48.1 per cent)

Thus, the overwhelming majority of doctoral graduates began the degree due to an interest in both research and the particular subject, while roughly one out of every two graduates sought either an academic career in particular or better career options in general. Almost half of respondents had some form of scholarship to support their studies. Contrary perhaps to popular belief, only 8.4 per cent of respondents claimed to have wanted to ‘postpone job hunting’. The typical doctoral graduate therefore started their PhD as a highly motivated individual for whom the intrinsic value of researching their subject was even more important than the instrumental value of having the doctorate.

A further benefit of completing a PhD is gaining experience in designing, carrying out and writing up the findings from a large research project. Most university degrees now require some kind of research project to be completed as part of the programme. However, as this project will only be part of your overall education you will only be expected to dedicate a portion of your time to it. Training may be minimal and certainly will not be equivalent to what you should receive as a doctoral candidate. A PhD allows you to dedicate three to four years of your life to a research project. The skills gained through carrying out this degree will stand you in good stead for the rest of your life.

In addition to the skills developed through the research project, completing a research degree will also allow you to become an expert in a particular area of law. This will obviously benefit your career, but if you have a passion for a particular subject it can be gratifying to become an expert in it. Reading and writing about one topic for three years requires both commitment and stamina, but the outcome is a truly deep knowledge of a particular field. One of the most common pieces of advice offered to those about to defend a thesis is to remember that you know it better than anyone else. While it’s often little consolation to the worried candidate entering the exam of their life, it is quite rewarding when it’s proven to be true at the end of the process.

THE PhD AND YOUR CAREER

The doctorate is an important part of the career of most PhD candidates and at least some will have set out on the PhD to further a particular career goal. This aspect of the PhD has undergone much development in recent years. In light of the benefits of a highly-skilled workforce to the economy there has been much investment in this area (though future investment was in doubt at the time of writing). Furthermore, as there are only a limited number of opportunities to work in universities and other parts of the education sector it is necessary for doctoral graduates to have skills they can bring to bear in different walks of life. Whether you have a career path in mind, or are more interested in the PhD as a learning process, it is important to think about where you want to end up afterwards. Because of the mystique of the legal profession, the role of the PhD in law in the career of the lawyer can be something of a mystery to the uninitiated. One of the authors was once asked whether the completion of his PhD would lead to his being entitled to serve as a judge? The answer, alas, is no. However, some recent research will help us to dispel the myths and better understand the career destinations of law PhD graduates.

In 2008 Vitae conducted a study into the career destinations of doctoral graduates—and the results are enlightening. The study found that between 2003 and 2007 there were 320 UK domiciled doctoral graduates in law. Almost 70 per cent of these had entered work in the UK at the time the research was carried out. Others had entered work and study, others again were studying and training. Only 0.5 per cent of respondents were ‘believed unemployed’.

Some comparisons with other disciplines make for interesting reading. Doctoral graduates in law were the least likely cohort to be unemployed. Of those who were employed in the UK, the overwhelming majority were working in the education sector, with 56 per cent of law doctoral graduates employed as lecturers in higher education institutions. The next largest category of employers was other professions, which included the legal profession. One in 10 graduates worked in public administration. What does this mean for the prospective PhD applicant? The most likely career path upon graduation is in academia—teaching and/or researching law in a university. Other likely options include working in the public sector, or in the law and law-related professions. It’s worth exploring these in a little more detail before continuing our consideration of the PhD in law.

Teaching and Researching in a University

The most obvious benefit of having a research degree in law is that it significantly increases your chances of being hired to teach law in a UK university. While having a PhD in law or a related subject is not yet listed as essential requirement in all academic job advertisements in the UK, it is increasingly difficult to launch a successful academic career without one. The work carried out by universities can be crudely divided into teaching and research and more and more law schools are requiring their academic staff to contribute to both strands of work. A good research degree provides much-needed training in the skills and techniques of advanced legal research and completion of the degree is seen as evidence that the job applicant can contribute ...