Thesis Proposal

ALW REQUIREMENTS
DEAN DIOKNO
 Thesis Proposal

Chapter 1 - Introduction
Thesis Statement
Statement of the Problem
Background of the Study
Objectives
Significance of the Study
Scope and Limitations
 Chapter 2 Review of Related Literature
Chapter 3 Research Methodology
Bibliography
Certification
The following slides are adapted
from Fr. R.C. Aquinos
Thesis Writing Guide
San Beda College
Graduate School of Law
 Why require a law thesis?

To contribute to the study of the law.

To demonstrate your competence at legal research.
To demonstrate your ability to think like a lawyer.
To show your maturity as a student of the law.
 Factors in choosing a research topic:
Does the topic interest you?
Is it relevant?
Are primary resources readily available?
Are there faculty members who can guide and advise you?
 The Peculiarity of the Law Thesis
Law theses hardly have need of statistics.
They are not usually empirical or quantitative.
They are generally analytical, unlike in other fields where
statistics, measurements and hypotheses weigh
considerably.
 Law theses can center on:
The proposal of a new legal theory.
A critical evaluation of accepted doctrine.
Tracing the historical development of a legal provision or
doctrine.
Comparative jurisprudence.
Expository.
The proposal of a new legal theory

Judge-based rules on evidence instead of jury-based

rules on evidence.
A critical evaluation of accepted doctrine

A critique of the Supreme Courts ruling in Maceda v.

Vasquez that provides that the Ombudsman cannot
conduct criminal investigations of judges and court
employees unless they have already been administratively
prosecuted.
 Tracing the historical development of a
legal provision or doctrine

Trace the legal history of the constitutional right to

information on matters of publc concern.

Should conclude with what the researcher believes s/he can

infer from the historical review.
 Comparative jurisprudence
Compare how the hearsay doctrine has developed and evolved in
the PH and the US.

Compare rule on paternity in common law and civil law systems.

Compare Anti-Torture Act with the Convention Against Torture.

 Expository
Allowed only when there is a mass of conflicting or difficult-
to-reconcile doctine, or when no expository studies have yet
been done.
E.g., an expository study of a new law like the Philippine
Competition Act:
Background of the law, legislative objectives, foregin
models, foreign jurisprudence (since no Philippine cases
yet).
 Thesis Proposal

Chapter 1 - Introduction
Thesis Statement
Background of the Study
Statement of the Problem
Objectives
Significance of the Study
Scope and Limitations
 Thesis Statement:

Original, supportable hypothesis or assertion.

Articulates a problem and attempts to resolve it.
Targets a specific point or aspect of the law.
Embodies your central argument.
 Background of the Study

The context of the study;

What led you to embark on the study;

Includes a review of the area being researched,

current information surrounding the issue,
previous studies on the issue, and relevant history
on the issue.
 Statement of the Problem

The statement of the problem briefly addresses the

question: What is the problem that the research will
address?

Purpose is to articulate a well-defined problem that can

be resolved through focused research and careful
analysis.
 State the problem and then elaborate on it:
Is the Anti-Torture Act consisted with the
Convention against Torture?
Explain.

Should the Ombudsman have the power to

investigate justices, judges and court personnel?
Explain.
 ObjectivesOverall and Specific
Overall objective:
To examine and critique the GOT doctrine in military law.
To trace the origin and development of the concept of
freedom of religion in Philippine law.
To provide a historical explanation for
To compare and contrast the development and interpretation
of the hearsay rule in the Philippines and United States.
 Specific Objectives
To compare and contrast the development and interpretation of
the hearsay rule in the Philippines and United States.
To trace the development and interpretation of the hearsay rule in
the U.S. from its origins until the present.
To trace the development and interpretation of the hearsay rule in
the Philippines from its origins until the present.
To compare and contrast present-day interpretation and
application of the hearsay rule in the U.S. and the Philippines.
 Significance of the Study

How does this study contribute to the study of law (in the
Philippines, in the region, globally)?

Why is this study significant?

 You can draw the significance of the study from the
statement of the problem.
They should correspond with each other.

You can also articulate the general contribution of the

study first, then describe its specific contributions.
 Scope and Limitations
Describes:
(1) the parameters, boundaries, or area of study; and
(2) the limits or confines of the study.

And explains why certain aspects were included and others

were excluded.
 Chapter 2 Review of Related Literature

Informs the reader of the present status of academic

research on the subject.
Considered related if they treat of the same subject as the
thesis, or a related subject.
E.g., journal articles, books, treatises, reputable web
publications;
 Chapter 2 continued:
In this section, you should:
Summarize the book, journal, article, thesis or
dissertation reviewed;
Identify its key features or the contribution it makes to
the field of study;
Show how your own study will not be a mere repetition of
studies already made.
 Chapter 3 Research Methodology
Factors in choosing methodology:
Time and resources you can commit;
Topic selected;
Your own interests, preferences, and academic
background.
 Avoid using pretentious, fancy, or sophisticated terms
to describe your methodology.
In this chapter you just have to answer the following questions:

How do you intend to resolve the thesis problem?

What sources will you use? (Legal texts? Congressional
records? Constitutional deliberations? Jurisprudence?)
How will you treat the source? (Analyze? Compare?
Critique? Do a historical review?)
What will you do with the data you obtain? (Tabulate?
Synthesize? Analyze?)
 Bibliography
Arrange your bibliography as follows (see PMLC, Feliciano):
1. Primary sources:
Constitutions, statutes, treaties, administrative regulations,
court rules, court decisions.
2. Secondary sources:
Books by legal authorities, scholarly articles, entries in
legal encyclopedias, reputable web-page sources.
 Certification
I hereby certify, upon my honor, that this work is my own
work and that all ideas and direct quotations from other
sources have been documented with proper citations.
 REMINDER:
DEADLINE FOR SUBMITTING FIRST
DRAFT OF CHAPTER 1:
OCTOBER 11, 2017 AT 5:00 P.M.