Doctor of Laws
A Doctor of Laws is a doctoral degree in legal studies. The abbreviation LL.D. stands for Legum Doctor, with the double "L" in the abbreviation referring to the early practice in the University of Cambridge to teach both canon law and civil law. In some jurisdictions such as the United States, it is an honorary degree.
Other doctorates in law include Doctor of Juridical Science, Juris Doctor, and Doctor of Philosophy.
European and Commonwealth usage
In the United Kingdom, Australia, New Zealand, and a number of European countries, the LL.D. is a higher doctorate usually awarded on the basis of exceptionally insightful and distinctive publications that contain significant and original contributions to the study of law. In South Africa, the LL.D. is awarded by many university law faculties as the highest degree in law, also based upon research and completion of a Ph.D. equivalent dissertation as in most European countries; see Doctor of Law in South Africa. The LL.D. may also be awarded as an honorary degree based upon a person's contributions to society.Canada
In Canada, there are several academic law-related doctorates: the Doctor of Laws ; Doctor of Juridical Science or Doctor of Legal Science ; Doctor of Civil Law ; and the Doctor of Philosophy. The Doctor of Jurisprudence is the professional doctorate degree that is usually required for admissions to post-graduate studies in law.The first law degree was known until recently as the Bachelor of Laws. However, since law schools in Canada generally insist on a prior degree or some equivalent in order to grant admission, it was a more advanced degree than the LL.B. degrees awarded by programs abroad, which would accept high school graduates. Although despite this it is, along with other first professional degrees, considered to be a bachelor's degree-level qualification. The majority of Canadian universities now grant the Juris Doctor degree rather than the LL.B.; the University of Saskatchewan replaced its LL.B. with a J.D. in 2010, because the Canadian LL.B. is equivalent to the J.D.
All Canadian J.D. programs are three years, and all have similar mandatory first-year courses: In "public", "constitutional," or "state" law; tort law; contract law; criminal law, and some sort of "professional practice" course. Beyond first year and the minimum requirements for graduation, course selection is elective, with various concentrations such as business law, international law, natural resources law, criminal law, and Aboriginal law.
After the first law degree, one may pursue a second, the Master of Laws and after that, the Doctor of Philosophy or Doctor of Juridical Science or Doctor of Legal Science, at some Canadian universities.. Of the universities in Canada that offer earned academic doctorates in law, four offer LL.Ds, five offer Ph.D.s, only one offers J.S.D./S.J.D degrees, and one offers a D.C.L. The differences largely reflect the divide between Canada's two legal systems. Faculties that teach in the civil law tradition grant LL.D degrees, whereas those in the common law tradition grant either Ph.D.s or J.S.Ds. The York University Ph.D. in law was formerly termed Doctor of Jurisprudence, until the name was changed in 2002.
Most Canadian universities that award the degree of Doctor of Laws award it only as an honorary degree, but typically when awarded by a law school, it is an earned degree. Of the universities in Canada that offer earned doctorates in law, five Francophone or bilingual universities offer the LL.D.
Lakehead University in Ontario, Canada, is one place that awards this popular honorary doctorate. At Lakehead it is regarded as the most appropriate award for a person distinguished in general service to the state, to learning and to mankind.
South Africa
In South Africa the doctorate in law is offered as a research doctorate of at least two years duration, in various specialised areas of law.In general, South African universities offer either the PhD or the LLD, with no significant difference between these..
In order to obtain the degree, the student will complete a thesis under the guidance of a supervisor, after completion of a module in research methodology, the submission of a research proposal and an oral examination. The thesis will demonstrate evidence of in-depth independent research and understanding of the topic, and constitute an original scientific contribution. Admission is usually on the basis of an LLM, and in some cases an LLB.
United Kingdom
In the UK, the degree of Doctor of Laws is a higher doctorate, ranking above the PhD, awarded upon submission of a portfolio of advanced research. It is also often awarded honoris causa to public figures whom the university wishes to honour. In most British universities, the degree is styled "Doctor of Laws" and abbreviated LLD; however, some universities award instead the degree of Doctor of Civil Law, abbreviated DCL, or Doctor of Law, still abbreviated LLD. Cambridge now gives the degree the name Doctor of Law in English. This contrasts with the practice of the University of Oxford, where the degree that survived from the Middle Ages is the DCL or Doctor of Civil Law.In former years, Doctors of Law were a distinct form of lawyer who were empowered to act as advocates in civil law courts. The Doctors had their own Society called Doctors' Commons, but following reforms in the nineteenth century their exclusive rights of audience were shared with barristers, and the last member of the college died in 1912. Due to the possession of a doctorate, the Doctors of Law had precedence equal to that of a Serjeant-at-Law and for this reason the convention remains that advocates holding junior doctorates should not be addressed as "doctor" in an English court.
In former years, Doctors of Law were a distinct form of Attorney-at-Law who were empowered to act as advocates in the ecclesiastical, probate and admiralty courts. The Doctors had their own Inn, which was called Doctors' Commons. Charles Dickens spent some of his youth working in this branch of the law. The last surviving member of Doctors' Commons, Dr Thomas Tristram, wrote the first editions of a textbook on trusts still in use today. In 1954, a case was brought under long-dormant law in the High Court of Chivalry. The opening arguments in that case were by George Drewry Squibb, who was simultaneously distinguished as a barrister, a doctor of laws, and a historian. Squibb argued, to the satisfaction of the court, that since the modern class of Doctors of Laws were no longer trained as advocates, their role must necessarily be performed by barristers. This was because Victorian reforms, which had unified the other classes of court attorney into the single profession of Barrister, had overlooked the Doctors of Law.
Other countries
Argentina
In Argentina the Doctor of Laws or Doctor of Juridical Sciences is the highest academic qualification in the field of Jurisprudence. To obtain the doctoral degree the applicant must have previously achieved, at least the undergraduate degree of Attorney.. The doctorates in Jurisprudence in Argentina might have different denominations as is described as follow:- Doctorate in Law
- Doctorate in Criminal Law
- Doctorate in Criminal Law and Criminal Sciences
- Doctorate in Juridical Sciences
- Doctorate in Juridical and Social Sciences
- Doctorate in Private Law
- Doctorate in Public Law and Government Economics
Brazil
In a few universities there is a higher title known as livre docência, like the habilitation in some European countries. However, this higher title is not a degree in the strict sense, because livre docência nowadays is an internal title, that applies solely within the institution granting it.
In the past, livre docência was a degree in the fullness of the term, and a professor bearing the title would enjoy the privileges of livre docência if he transferred from one institution to another; there are still living professors who hold the "old" livre docência degrees; but all new titles of that name only confer privileges within the institution granting it.
The doctoral degree is awarded upon the completion and the successful defense of a thesis prepared by the doctoral candidate under the supervision of a tutor. The thesis must be examined by a board of five professors, holders of the title of doctor or of a livre docência. Two of the members of the board must be professors from another institution. In most Brazilian Law Schools, the candidates are also required to earn a minimum number of credits.
Unlike the rules of other countries, the Brazilian norms governing the grant of doctoral titles do not require the publication of the thesis as a precondition for the award of the degree. Nevertheless, copies of the thesis must be delivered to the institution's library. Usually, doctoral thesis are published by specialized editors after the grant of the doctoral title.
If one obtains a doctoral title in a foreign country, one cannot enjoy the academic privileges of the title in Brazil unless the title be first validated by a Brazilian University. In that case, the doctor asking for the validation of the title will present his thesis and other documents relating to his foreign doctoral course to a board examiners of the Brazilian University and the examiners will then pass judgement on whether the work done by the candidate adheres to the minimum standards of quality that are usually required by a Brazilian university when granting doctoral degrees.
Admission to doctoral courses is almost universally reserved to holders of a master's degree. Therefore, a bachelor of Laws, seeking the degree of doctor must usually complete a postgraduate course to attain the degree of Master of Laws, and only then, after being a Master of Laws, one will apply for admission to a doctoral course.
There are, however, a few universities that allow "direct" admission to the doctoral course without previous completion of the Master's course in exceptional circumstances. Thus, in rare cases, a bachelor of Laws, can be admitted directly to a doctoral course.
Usually, one is allowed three years time to complete a Master of Laws degree, and four years time to complete the doctoral course. There has been a shift towards shortening these periods to two and three years respectively. So, if one were to graduate from Law School and immediately enter a Master of Laws course and a Doctor of Laws course in immediate succession, that person would become a doctor about seven years after graduating from the Law School. On the other hand, in the rare cases in which a bachelor of Laws is allowed to pursue a "direct" doctorate, he is usually allowed five years time to complete the doctoral course. Sometimes however, depending on the student's prowess or previous knowledge, it is possible to get a master's degree or a doctoral degree in less time, if one were to complete all credits and write the dissertation/thesis in less time. Usually, universities require a minimum time for this.