Doctoral Degree Programs in Law: An International and Comparative Study of the English-Speaking World (SpringerBriefs in Law)

Kenneth K. MwendaOffers a uniquely international and comparative perspective not provided by any other book on the topicBreaks new ground in the field of legal educationWritten by a leading scholar who has taught at top law schools in Europe, North America and Africa Foreword Preface Contents List of Figures 1 Introduction 1.1 What is a Doctorate? 1.2 Research Questions 1.3 A Quest for World-Class Doctoral Programs in Law 1.4 An Outline of Subsequent Chapters References 2 The Concept of the American-Styled Law Doctorate as It Obtains in the US, Canada, Australia, Singapore and Other Pertinent Jurisdictions 2.1 Introduction 2.2 The Concept of a Law Doctorate in the US 2.2.1 Combined or Dual JD and Ph.D. Programs and Other Variants of Doctoral Programs 2.3 A Battle of Doctorates Between the SJD or JSD and the JD in the US, Canada, Australia, Singapore and Other Pertinent Jurisdictions 2.4 Internationalization and Harmonization of the Structure of Law Degrees 2.5 Conclusion References 3 The Concept of the British-Styled Law Doctorate as It Obtains in the UK, the Commonwealth and Other Pertinent Jurisdictions 3.1 Introduction 3.2 The Three Main Routes to a British-Styled Ph.D. in Law 3.3 Ph.D. in Law by Thesis 3.3.1 A British View of American JSD or SJD Degree Programs 3.4 Ph.D. in Law by Publication 3.5 Distance Learning Ph.D. in Law 3.6 The Integrated Ph.D. Model 3.7 Professional Doctorate 3.8 Hybrid Approaches to the Concept of a Law Doctorate in Canada, Australia, New Zealand, Singapore and Other Pertinent Jurisdictions, Including China 3.9 Conclusion References 4 Beyond the Ph.D. 4.1 Introduction 4.2 The Concept of a Higher Doctorate 4.2.1 The Difference Between a Ph.D. and a Higher or Senior Doctorate 4.3 The Implications of the Bologna Process on the Higher Doctorate in Europe 4.4 Significance of the Higher Doctorate 4.4.1 The Higher Doctorate as a More Objective Benchmark for Full Professorship Appointments 4.5 The Future of the Higher Doctorate 4.6 Conclusion References 5 Conclusion 5.1 Revisiting the Genesis 5.2 Anchoring the Debate in the Underlying Thesis 5.3 From a Junior Doctorate to a Senior Doctorate References Annex Global Convention on the Recognition of Qualifications Concerning Higher Education 2019 Index This book offers a critical and insightful study of various doctoral programs in law, focusing on the English-speaking world. That the structures of doctoral degree programs in law differ between the United States and much of the Commonwealth are an issue that requires no debate. What is missing in the discourse, however, is a narrative on how these programs are structured and how they compare. This book attempts to fill that gap. A key objective of the study is to provide an international and comparative analysis of the efficacy of the American- and British-styled models of law doctorates. In so doing, it provides a conceptual and theoretical framework for the development of effective doctoral programs in law, contending that the defining characteristic of a doctorate is that it recognizes an independent contribution to the subject rather than the completion of taught coursework, however, advanced. The book goes on to examine the concept of a higher doctorate in law as a possible means of strengthening the concept of a law doctorate in legal academia. This book was written against the backdrop of the recently adopted Global Convention on the Recognition of Qualifications concerning higher education. It was adopted by the UNESCO General Conference in Paris on November 25, 2019, making it the first United Nations treaty on higher education with a global scope. The target audience of the book includes scholars in higher education; scholars in legal education; law school deans and administrators; law professors and students; Ministries of Higher Education in countries around the globe; accrediting agencies for doctoral studies; bar admission and legal education societies; and UNESCO and other international organizations.