3 Abstract

The abstract is a summary of the content of your research paper. It is intended as a time saving
shortcut for researchers who want to determine whether it will be worth their time

and energy to read your research paper. As such, it serves as a guide to the most

important aspects of the contents of your research paper. If a reader has read your

abstract, he or she should know what research you did, why you did it, what your main

finding was, and what the importance of the findings is.

The abstract is written when you have finished your research and have something to

summarise. It must appear at the beginning, though, and on its own page and should not

be more than 150 words in length. So, this summary is the last thing that you will write. It

must be headed ‘ABSTRACT’, in capital letters, Arial font, 12 pt size, bold, and must not

be numbered.

4 Keywords

Pick five key terms (single words or short phrases) that will give the reader a broad

overview of what the research is about (in other words, what the research concentrates

on). Keywords are intended to help indexers and search engines find relevant research

papers. So, if someone were to enter the keywords in a search engine, your research

paper should come up as one of the search results.

Choose your keywords carefully, ensuring that they—

• capture the essence of your research paper

• are specific to your field or sub-field of enquiry

This list of keywords must appear under the abstract and on the same page as the

abstract. It must be headed ‘KEYWORDS’, in capital letters, Arial font, 12 pt size, bold,

and must not be numbered.

6 Table of contents

A table of contents is essential for Assessments 2 and 3. You will lose marks if it is not

included. The table of contents must be inserted under the list of abbreviations and

acronyms, and must appear on a new page.

The best way to create an accurate table of contents is by using the function on Word to

be found under ‘Home’ > ‘References’ > ‘Table of Contents’. You will only be able to use

this function if you have created heading styles for your first, second, and third level
headings in accordance with the prescribed format (see section 1.6 of Tutorial Letter

102/3/2024). For help on how to define heading styles, go to

https://support.microsoft.com/en-us/office/add-a-heading-3eb8b917-56dc-4a17-
891a a026b2c790f2.

Updating the table of contents should be the very last thing you do before saving and

submitting your research proposal. (This is to ensure that the correct and final page

numbers are reflected on your table of contents.)

7 Introduction

The introduction should start on a new page, after the table of contents. It will be the first

element of your research report with a numbered heading.

Usually, you will have done a research proposal before embarking on the writing of a

research paper. As we said in section 3 above, every research project in RRLLB81

presupposes a research proposal, but you will not be required to submit a research

proposal for purposes of RRLLB81. The contents of a research proposal can be used as a

basis for your first, introductory chapter. The ‘Introduction’ section of the example of a

research outline, given in section 4.4 above, can also be used to structure your

introduction and to ensure that it contains the essential elements of an introduction.

An introduction is meant to help orientate the reader, it is an important first step in writing a

well-structured report. An introduction should announce your topic, provide context and a

rationale for your work, before stating your research question and hypothesis. Well written
introductions set the tone for the report, catch the reader's interest, and

communicate the problem statement and hypothesis/research aims.

A good problem statement—

• introduces the reader to the topic being studied, and convinces the reader of the

importance of studying the topic (by presenting brief evidence of the existence of a

problem);

• fixes the research question and hypothesis on a firm basis, and gives a concise

description of the purpose of the research;

• gives context to the topic and defines the parameters within which the problem will

be investigated; and

• sketches the framework for the research by showing how your report will be

organised or structured.
We do research to find scientific answers to questions. Before one commences with the

research, the issue or problem to be investigated must therefore be considered, clearly

delimited and explained. An explanatory exposition should be provided before the problem

statement is compactly formulated.

It is necessary to justify that the issue is indeed a scientific problem and, secondly, that it is

worthy of research and that it calls for resolution. The formulation of the problem statement

must convince the reader that the project should be undertaken.

The extent of the problem to be investigated must be appropriate for the nature and level

of the project. Do not undertake a study for an LLB that would be more appropriate for an

LLM or LLD study. Remember that the problem must be solvable within the confines of the

proposed investigation. The problem must be understandable. You must outline the

problem statement with sufficient clarity to prevent any qualms about the research.

Furthermore, the person who read the problem statement should be in no doubt about the

direction of the project.

Keep in mind that you are required to formulate your own research question and title. This

requires that you identify your own focus and perspective. For example, if a given topic

expects you to give a critical discussion of [x], it is not sufficient to say: ‘This research

report will give a critical discussion of [x].’ You need to give an indication of your own focus

and perspective. You could state: ‘This research report will give a critical discussion of [x]

from the perspective of [y]. The focus of the discussion will be on [z]. It is argued that [z]

results in such inconsistency of legal principle that serious reconsideration by our courts is

merited.’

Handy phrases to include are the following: ‘This report considers / does not consider …’;

‘This report will focus upon …’; ‘The [issue] will be explored … with reference to …’; ‘This

report will address the following issues which arise from [case]. First, [issue]. Secondly,

[second issue]. Finally, the question of [issue] remains unsettled.’ These are merely

examples of how to give expression to your own focus and perspective.

8 Body / Middle chapters

The body of your research paper is where you set out the arguments and evidence

supporting the answer(s) to your research question. The body must be divided in chapters,

and the chapters must be provided with headings and sub-headings. If, for example, you
chose to approach the topic from a historical and comparative perspective, you could have

a chapter on the historical development of the law, and another in which you investigate

the foreign jurisdiction chosen for the purposes of comparison. Again, your research

outline, properly done, could be of great assistance here, since it represents a scheme of

your arguments and thoughts organised according to the themes you identified from the

literature you had consulted.

(i) Headings and sub-headings

The body of the report must be divided into a number of sections. Think about what these

sections should be and begin each section with an indication of its purpose. The skilful use

of headings can provide very helpful signposts to the reader. Spend some time arranging the
headings in a logical order. Always bear in mind that you

are basically telling an academic ‘story’ which your reader must be able to follow. The

purpose of a heading is to tell your reader what the succeeding section is about. Headings

break up the text into meaningful units representing the main points you wish to make or

the main issues with which you are going to deal. Through the use of headings, the text is

presented in meaningful chunks, each making a new point, providing a new reason in

support of or disproving your hypothesis, or expressing a new opposing argument. While

these points or issues may be distinct, they all pertain to the central research question.

Hence, while it is important to divide your paper into its constituent parts with the help of

headings, the result should not be a fragmented paper consisting of disjointed ideas

presented in a random fashion. The flow of your story depends on good transitions from

one idea or issue to the next. Students often take the headings used in a source that they

consulted and force all their arguments under those headings; others simply slap together

the headings used in a number of different sources that they consulted. Both of these

approaches result in text that is difficult to follow due to lack of logical structure.

Be consistent in the use of headings. For example, if your research paper includes a

chapter on comparative law, you should have the same headings in respect of each of the

jurisdictions

It is very important to include transitions (bridging sentences) explaining how the

constituent parts covered under different headings relate to one another. A transition could

explain, inter alia, why a section under a new heading supports the point made under the
previous heading, or how the next point (the one under the new heading) follows logically

from the previous one. More about bridging sentences (transitions) under section 4.7

below.

(ii) Paragraphs

Any written work should be presented in paragraphs. A paragraph is a group of connected

sentences about one idea or concept.

Each paragraph should begin with a topic sentence that either refers back to the previous

paragraph and expands on the ideas expressed, or introduces a new idea. A topic

sentence tells the reader what you are trying to prove or address in the paragraph. It

shows the reader what legal principle you will lay out in the paragraph, or, where it deals

with the application of a rule, what the outcome of such application will be. If a paragraph

does not have a topic sentence, the reader will spend time trying to understand what the

paragraph is about.

Each paragraph should focus on an aspect of the argument or problem supported by

several sentences containing evidence or explanations. Take great care to avoid grouping

unrelated ideas together in a single paragraph. This could really puzzle your reader and

indicate that you have not made the work your own.

In a research paper of this nature, you will have consulted many sources dealing with, or

at least touching upon, the same topic. Setting out the positive law as stated in primary

sources usually requires an exposition of the individual sources (statutory provisions, or

leading cases) one by one. The topics for a research paper are such that one cannot

merely state the positive law. There is almost never a single simple answer to the

problems they entail. This would also be reflected by the secondary sources that you

consult. Research will present you with pieces to a puzzle which can only be solved by

presenting a coherent and convincing argument. Because secondary sources explain,

analyse, comment, criticise – in short, express how positive law is viewed and how it

should or could be interpreted or changed – diversity of opinion is to be expected. It is

inevitable that some sources will contain the same or similar ideas, while others will have a

different or opposing point of view. To compound the problem, source A, B and C might

agree on issue X. A and B might agree on issue Y, while C might take a different stance

on the matter. B might express an opinion on issue Z, while the other two might be silent
on the matter. What you are required to do in such instances, is to discern and group

together similar arguments expressed in different sources. You would then paraphrase the

argument as you understand it, and cite all the secondary sources that share this opinion

in the same footnote. The finer nuances expressed by the individual authors can be

paraphrased in subsequent sentences, if need be, and the individual author can then be

cited in a separate footnote.

Remember that you are not creating a collage, but a coherent argument. You planned the

exposition of the content of your research report by constructing an outline which should

guide you to ensure that ideas are grouped together thematically.

It is very important to link paragraphs by bridging the ideas expressed in them. Since a

paragraph is supposed to deal with a single idea or concept, two successive paragraphs

might have little obvious connection. In order to ensure that your reader understand how

the ideas link, you must use effective transitions.

(iii) Quotations

Quotations can be useful, but a report that is merely a collection of quotations will not earn

you a good mark. The key is to be selective in the use of quoted material and to weave it

carefully into the fabric of your argument. Direct quotations should be limited to the

following situations:

• When you intend to critically discuss the particular quoted text and its

interpretation; to be fair to the author and the reader, you should quote the text

accurately so as to enable the reader to interpret it independently and to evaluate

your interpretation thereof

• Where the text to be quoted is particularly well formulated and clearly articulated,

and could hardly be paraphrased with the same effectivity

(iv) Authority

One of the most important things to remember is that all statements must be supported by

evidence or authority. This is an absolute must in legal writing. Use the prescribed style of

citation from the very first footnote you create, and be consistent.

9 Conclusion

The conclusion draws together the threads of your argument. While the body of your

research paper provided proof that your hypothesis is valid or invalid, the conclusion
provides a concise account of what you have proven. It does not repeat the arguments.

Nor does it repeat the introduction. The conclusion should focus on the question you have

set out to address and state how you have answered that question.

There should be no new arguments in the conclusion. If you think of a new argument while

formulating your conclusion, and you believe it is essential to include it, you should return

to the body of your research paper and make the argument there before returning to the

conclusion.

10 Bibliography

The last element of your research paper is your bibliography.