universiyt of dar es salaam anthony peter legal research law 2nd copy

7/28/2019 UNIVERSIYT of DAR ES SALAAM Anthony Peter Legal Research Law 2nd Copy

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THE UNIVERSITY OF DAR-ES-

SALAAM

SCHOOL OF LAW

LEGAL RESEARCH: LW 305

Analyzing an LL.M literature review

This assignment aims to look at a sample LL.M dissertation and review its

literature review section, as to how it is written, and how it fits in the entire

publication.

The selected dissertation is by Rita Ozoemena and is titled, African

Customary Law and Gender Justice in a Progressive democracy1.

1 June 2006, Masters in Law of Rhodes University, Available at

http://eprints.ru.ac.za/968/1/Ozoemena-LLM.pdf


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In brief, the writer aimed to investigate the clash of African customs and the

human rights of women, in a comparative study of Nigeria, South Africa and

Lesotho, as to how the courts and the government can find that balance, in

respecting both sides, which have valid interests.

Setting off, the normal format of literature review, follows an introduction of

the context, a main body of the literature and a conclusion, which is a lead

up of the analysis in the review, which validates the area of research to be

conducted.2

In the literature review section, Rita, doesnt provide a lead up to the

literature, and links back to previous material. This assumes that the reader

is reading consecutively.

In addition, the writer makes extensive use of footnotes, to link the reader to

previous material and also to provide commentary on the work, which

includes case studies not contained in reference-able documents.

1.5 Literature Review

As indicated in note 19 above relating to the various support systems

at Provincial and National legislative organ of government, South

Africa has championed the cause of womens rights at different

levels.

However, the introduction does help structure the area of review, the

legislative championing of womens rights at different levels.

It is noted that Rita, in the literature review, also makes quite some use of

cases and government policies, frameworks and enactments, to successfullybuild up the case of provincial and national protection of human rights by the

judiciary, parliament and the executive. It is posited that this is successful,

as it builds up the case for and evaluates the area of research that the writer

2 What is it and why write one, Available at

http://www2.plymouth.ac.uk/millbrook/rsources/litrev/litrev.htm, Retrieved 25th May 2013

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http://www2.plymouth.ac.uk/millbrook/rsources/litrev/litrev.htmhttp://www2.plymouth.ac.uk/millbrook/rsources/litrev/litrev.htm


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intends to investigate, which will help conclude in a valid area for further

study.

As alluded to above, the Courts have also handed down landmark

judgments, which have the effect of ameliorating the legal position ofwomen. In the groundbreaking decision the Constitutional Court in Bhe

v Magistrate Khayelitsha; Shibi v Sithole; South African Human Rights

Commission v President of the RSA,49 abolished the principle of

primogeniture.

And

The government recognized the untenable position of women in a highly

male-dominated environment and therefore introduced measures to combat

discrimination on grounds of sex and gender. To this end, the

Prevention of Unfair Discrimination Act 4 of 2000 was promulgated.

Rita does use the traditional reference system of authors in the work, and in

this way, brings in the relevant ideas of the author, in order to add to the

review of the relevant literature and show not only a list of books and

journals, but an understanding of the area being studies and why.

A leading scholar on womens issues, Martha Nussbaum has developed anapproach in which she contends that in the political arena, the

abilities of human beings can only be developed when given the

appropriate educational and material support.54 According to the

author the rights of women are underpinned by the interrelated

principles of equity, development and democracy.

In analysis of the review, it is noted that the writer though referring to

several relevant literature, including laws, authors and online sources, the

material is not the expected 50 100 sources. This shows that it is possible

to be focused and relevant, in using only material which adds to the boiling

down of the research area, in light of existing work.

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Secondly, all of the material used by Rita, were to prove the main hypothesis

being argued, rather than challenge the status quo. This may be because of

the nature of the field, human rights, especially where the truth is that there

are clashes between customs and the rights of women. It will be interesting

to see how this will be translated in other fields, and in my thesis.

Thirdly, of the three main aims of writing a literature review, that of

demonstrating knowledge of the field, justifying the reason of the research

and establishing a methodological focus and theoretical framework3, Rita

manages all three. This is accomplished in the comparative and detailed

manner of the review.

Finally, looking at the conclusion, the writer manages to wrap up the review,

by ending on an hypothesis to be proved in the research that traditional

customary influences, which, still persist to the disadvantage of

women, to which the masters dissertation is applied.

From the aforementioned survey, it is clear that Lesotho and Nigeria

are dogged by traditional customary influences, which, still persist to

the disadvantage of women in these countries. It is hoped that

developments in South Africa would have a positive effect on Nigeria and

particularly on Lesotho in view of its close proximity to South Africa."

3 Why do I have to have a literature review?, Available at http://www.uq.edu.au/student-

services/phdwriting/phfaq23.html, Retrieved 26th May 2013

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http://www.uq.edu.au/student-services/phdwriting/phfaq23.htmlhttp://www.uq.edu.au/student-services/phdwriting/phfaq23.htmlhttp://www.uq.edu.au/student-services/phdwriting/phfaq23.htmlhttp://www.uq.edu.au/student-services/phdwriting/phfaq23.html

universiyt of dar es salaam anthony peter legal research law 2nd copy

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