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A) Historical research approach.

This means looking at the historical development of the law on the issue from a specific
date in the past up to the present day. You will look at relevant case law and legislation that
might have contributed to the law as it stands today. You will also consider law reform
commission reports on the given topic. Writings by scholars can assist in interpreting
the law and evaluating its application and effectiveness. For purposes of the historical
approach, you focus on the historical developments in South Africa only.
OR

4 Prescribed headings for the draft research proposal (assignment 02)
Your assignment 02 must include the following:
• Prescribed title/cover page as per section D of the study guide - also on
myUnisa
• Working title (on your title/cover page)
• Content page (table of contents)
6
• Your draft research proposal with the prescribed headings including bibliography
(see below)
Your draft research proposal (assignment 02) must be fully referenced and contain the
following 11 prescribed headings in the order listed below:
1. Introduction. See learning unit 3.
2. Problem statement. See learning unit 4.
3. Hypothesis. See learning unit 5.
4. Points of departure and assumptions. See learning unit 6.
5. Conceptualisation of central research themes. See learning unit
6. Proposed chapter outlay. See learning unit 8.
7. Projected time scale. See learning unit 9.
8. Description of proposed research method. See learning unit 10.
9. Preparatory study and research. See learning unit 11. Indicate at least 10 sources
you have already consulted and give a brief explanation/description/summary of
each.
10. Conclusion. See LLBALLF Tutorial Letter 301/4/2025
11. Bibliography. See LLBALLF Tutorial Letter 302/4/2025.

1 answer

Certainly! Below is a draft research proposal template outlining the required headings for your assignment on the historical development of a legal issue in South Africa. You can fill in the specifics based on your chosen topic, relevant cases, legislation, and research materials.

Cover Page

  • Title: The Historical Development of [Specific Legal Issue] in South Africa
  • Working Title: Exploring the Evolution of [Specific Legal Issue] from Historical Perspectives

Content Page

  1. Introduction
  2. Problem Statement
  3. Hypothesis
  4. Points of Departure and Assumptions
  5. Conceptualisation of Central Research Themes
  6. Proposed Chapter Outlay
  7. Projected Time Scale
  8. Description of Proposed Research Method
  9. Preparatory Study and Research
  10. Conclusion
  11. Bibliography

1. Introduction

This section introduces the research topic, emphasizing the importance of understanding the historical development of the law surrounding [specific legal issue] in South Africa. It highlights the significance of examining how past events, legislation, and case law have shaped the contemporary legal landscape.

2. Problem Statement

The problem statement identifies gaps in the current understanding of [specific legal issue], particularly regarding its historical context. It outlines why historical research is crucial for a comprehensive understanding of the issue and how it has evolved.

3. Hypothesis

The hypothesis posits that the evolution of [specific legal issue] in South Africa can be directly linked to [specific historical events, societal changes, or legal reforms], which have collectively influenced its current application and effectiveness.

4. Points of Departure and Assumptions

This section outlines the assumptions that underlie the research, including the belief that historical developments significantly impact contemporary legal practice. It may also cover the scope of research and any limitations acknowledged by the researcher.

5. Conceptualisation of Central Research Themes

This section identifies key themes essential to understanding the historical context of [specific legal issue]. Themes may include the impact of colonialism, apartheid legislation, legal reforms post-1994, and the role of civil society in shaping legal norms.

6. Proposed Chapter Outlay

  • Chapter 1: Historical Context of [Specific Legal Issue] Prior to [Date]
  • Chapter 2: Major Legislative Developments and Case Law in [Year/Decade]
  • Chapter 3: Influence of Law Reform Commissions and Scholarly Interpretations
  • Chapter 4: Contemporary Application and Effectiveness of [Specific Legal Issue]
  • Chapter 5: Conclusion and Future Directions

7. Projected Time Scale

This section outlines a timeline for completing each phase of the research project, including literature review, data collection, analysis, and writing.

8. Description of Proposed Research Method

This section explains the historical research methodology, emphasizing the analysis of primary and secondary sources, including legislation, case law, and scholarly writings. It may detail how the research will evaluate the effectiveness of the law in its historical context.

9. Preparatory Study and Research

  • Source 1: [Title/Author] - Brief description of content and relevance.
  • Source 2: [Title/Author] - Brief description of content and relevance.
  • Source 3: [Title/Author] - Brief description of content and relevance.
  • Source 4: [Title/Author] - Brief description of content and relevance.
  • Source 5: [Title/Author] - Brief description of content and relevance.
  • Source 6: [Title/Author] - Brief description of content and relevance.
  • Source 7: [Title/Author] - Brief description of content and relevance.
  • Source 8: [Title/Author] - Brief description of content and relevance.
  • Source 9: [Title/Author] - Brief description of content and relevance.
  • Source 10: [Title/Author] - Brief description of content and relevance.

10. Conclusion

The conclusion summarizes the significance of conducting a historical analysis of [specific legal issue]. It emphasizes the potential insights that can be gained from understanding its evolution and suggests areas for further research.

11. Bibliography

This section lists all sources in the appropriate reference style as per your study guide, ensuring that legal cases, statutes, academic articles, and books are properly cited.

Feel free to modify, expand, or specify the sections tailored to your specific research topic and findings!