Doctor of law
Encyclopedia
Doctor of Law or Doctor of Laws is a doctoral
degree in law
. The application of the term varies from country to country, and includes degrees such as the LL.D., Ph.D.
, J.D.
, J.S.D., and Dr. iur.
the Doctor of Laws or Doctor of Juridical Science
s 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. (Título de Abogado). The doctorates in Jurisprudence in Argentina might have different denominations as is described as follow:
In some of the country's most important 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 (the Master's in Brazil is a graduate degree and is not the first professional degree). Therefore, a bachelor of Laws (a bearer of the first professional degree), seeking the degree of doctor must usually complete a postgraduate course to attain the degree of Master of Laws (to attain that degree one must write and defend a dissertation before a panel of three professors, bearing the title of master, doctor or a "livre docência, and also complete credits), 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 (i.e., a holder of the first professional degree), 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. 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.
Unlike the Master of Laws dissertation, the Doctoral Thesys must contain an original contribution to the field of Law under study.
In Canada, there are two law-related doctorates. Doctor of Laws (LL.D.) is the academic doctorate degree and Doctor of Jurisprudence (J.D. or Juris Doctor) is the professional degree.
The first law degree was known until recently as the Bachelor of Laws (LL.B.). 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. awarded abroad, which would accept high school graduates. So most Canadian Universities now issue the professional doctorate, the J.D. (Doctor Juris) or Doctor of Jurisprudence instead of the LL.B. The University of Saskatchewan replaced existing LL.B. degrees with the new J.D. in 2010 because the Canadian LL.B. is exactly equivalent to the J.D.
As in the United States, most law schools in Canada award graduates the designation "Juris Doctor". All Canadian Juris Doctor programs consist of three years, and have similar content in their mandatory first year courses. As with U.S. J.D. programs, such as that of the New York University Law School, the mandatory first year courses in Canadian law schools outside Quebec include "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, Aboriginal law, etc.
After the first law degree, one may pursue a second, the Masters of Law (LL.M.) and after that, the Doctor of Law (LL.D.), at some Canadian universities. Several universities award it only as an honorary degree
. However, when awarded by a law school, it is an earned degree. Of the universities in Canada that offer earned academic doctorates in law, four (University of Ottawa, University of Montreal, Laval University, and University of Quebec at Montreal) offer LL.Ds, three (University of British Columbia, Osgoode Hall Law School of York University, and University of Victoria) offer Ph.Ds, two (University of Toronto, and Dalhousie University) offer J.S.D./S.J.D degrees (Doctor of Laws), and one (McGill University) offers a D.C.L (Doctor of Civil Law
). The differences largely reflect the divide between Canada's two legal systems (the common law
and the civil law
). Faculties that teach in the civil law tradition grant LL.D degrees, whereas those in the common law tradition grant either Ph.Ds or J.S.Ds.
and Slovakia
the Doctor is a postgraduate degree in two types - as a traditional so-called small doctorate (JUDr) and much important PhD doctorate.
JUDr (Juris Utrisque Doctor) is a degree with tradition of few centuries, originally the highest possible degree. Nowadays, its scholar importancy is quite limited but it serves as traditional and popular badge degree especially useful for attorneys. In older times with no Master degree, JUDr. served as only law degree, somehow similar to master+special exam. Nowadays, it is disputable, if JUDr. is longer a law degree or only a law title, since it is not bounded with any special studies at the university. Requirements for obtaining JUDr degree are Master (Mgr.) degree in law, to write a thesis and to pass an oral exam called rigorosum. Also the thesis is sometimes called rigorosum. JUDr is nowadays basically degree (title) of legal professionals and has no scholar value, especially not in comparison with PhD. Many JUDr. theses are just slightly changed or extended Master theses.
Doctoral studies leading to PhD degree are quite different from JUDr exam. PhD studies are internal (PhD student is at the same time teacher at the University) which lasts 3 years and external up to 8 years long. PhD. students are obliged to pass some exams during the studies and before all to work on their dissertation. The PhD is intended basically for candidates interested in an academic career.
Czech system is in many way similar to German and Austrian. Therefore, PhD. degree is necessary for habilitation procedure. Through habilitation, to doctor of law who submits his Habilitation work (similar to German Habilitationsschrift) can be given a capacity and title of Docent (Doc.), similar to German Dozent, Privatdozent or US Assistant Professor. Docent is not a degree, but a scholar title.
Only Docent can be appointed Professor through another special procedure. Unlike Germany (and unlike own Czech tradition), Professor is not a function (a seat, Cathedra) at the University, but just a scholar title. This leads to many problems, especially to the phenomenon of so-called flying professors, who are teaching at two or three universities at the same time and to the decline of academic life.
, Australia
, New Zealand
, and Europe
, the degree is a higher doctorate usually awarded on the basis of exceptionally insightful and distinctive publication
s that contain significant and original contributions to the study of law. Some universities, such as the University of Oxford
, award a Doctor of Civil Law degree instead. 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 like in most European countries. The LL.D. may also be awarded as an honorary degree based upon a person's contributions to society.
, the Doctor of Laws is the highest academic degree in law, based on 60 credits of course studies and, most importantly, successful completion of a doctoral dissertation. The dissertation usually takes the form of a monograph
at least of 250 pages in length, or of a series of published articles. A successful oral disputation is also required. It usually takes at least four years to complete the degree.
The degree of the Doctor of Laws does not qualify its holder for judicial offices. Instead, the degree of the Master of Laws is the requirement for the membership of the Finnish Bar Association and for judicial offices. As the doctoral programs for the doctoral degree are, in principle, open for the holders of all master's degrees, the possession of the degree of the Doctor of Laws is not a guarantee for the possession of the Master of Laws -degree. However, it is very seldom that someone who has not graduated in law graduates for a doctor of law.
exam. Only the master of law is necessary to pass the bar exam.
, Berlin (HU)
, Cologne
, Tübingen, Göttingen), some others refer to it either as Doctor of Jurisprudence (Doktor der Rechtswissenschaft, e.g. Heidelberg) or Doctor of Law (Doktor des Rechts (sg.), e.g. Berlin (FU)
). It is conferred based on a thesis consisting of a suitable body of original academic research, and an oral examination (rigorosum or disputation). The thesis must have been published as a book or - less common - as a series of articles in a peer reviewed law journal before the degree can be formally conferred. Admission usually requires the grade of "Fully Satisfactory" (approximately top quintile of class) in the student's first Staatsexamen
(the Master's level first professional degree). Having successfully passed the second Staatsexamen (the German equivalent to the bar exam) is not required.
The Doctor of Both Laws (Doktor beider Rechte), awarded as Dr. iur. utr. (Doctor iuris utriusque
, conferred e.g. in Würzburg) is rare, since it means considering both Civil Law and Canonical Law. A doctorate solely in the latter area is the degree of Dr. iur. can. (Doctor iuris canonici).
Approximately ten percent of German law graduates hold a doctoral degree. However, the Doctor of Laws is still only the first step to tenure at German law schools. Despite the initiative to establish a junior professorship with tenure option after five to seven years, and special professorships specializing in teaching (Lehrprofessur), to become a university professor of law a habilitation (de iure not an academic degree) is still mandatory at most German law schools.
Despite of the Bologna process, Law is one of the studies that still sticks to the traditional Italian system without a bachelor degree and a Master as the first academic degree.
Once a prospective lawyer has been awarded the "Master doctor of law" (Dottore magistrale in Giurisprudenza), and worked two years like trainee lawyer, he or she is required to pass a state bar examination in order to be licensed to practice as an Attorney at Law (Avvocato).
Previously, "dottore in giurisprudneza" was the title given to the students that completed the old course of studies in law (4 years).
, the European Union
's smallest member state, the LL.D. is a doctorate-level academic degree in law requiring at least three years of post-graduate full-time study at the University of Malta
, Malta's national university. At least three years of previous law study are required for entry. Students are required to complete coursework in a number of core areas of law, as well as to submit a thesis which is to be "an original work on the approved subject or other contribution to the knowledge showing that he/she has carried out sufficient research therein". It confers the title of Doctor
, which in Malta is rigorously used to address a holder of the degree. The LL.D. is one of the requirements for admission to the profession of advocate
in Malta (an advocate, as opposed to a legal procurator, has rights of representation in superior courts).
In Malta, practising lawyers are of three designations – notaries, legal procurators and advocates. The Bachelor of Laws (LL.B.) degree is an undergraduate degree
that of itself is not sufficient for admission into any of the legal professions. A one-year full time taught post-graduate diploma of Notary Public (N.P.) is required after the LL.B. for admission to the profession of notary public
, while a taught post-graduate diploma of Legal Procurator (L.P.) is required for admission to the profession of legal procurator
. A legal procurator is a lawyer in Malta that has rights of audience in the lower courts, a profession that was existent in Malta as early, and even prior to 1553. All three professions also require members to be holders of a warrant issued by the President of Malta, obtainable after a minimum of one year of work experience in that profession, and examination. It is not possible for a Maltese lawyer to hold a warrant in more than one of the professions at a time.
Notable holders of the LL.D. degree include Dr. Ugo Mifsud Bonnici
(former President of Malta), Prof. Guido de Marco
(former President of the United Nations General Assembly and former President of Malta), Dr. George Borg Olivier (first post-independence Prime Minister of Malta), and Dr. Lawrence Gonzi
(current Prime Minister of Malta).
, the Doctor of Laws (LLD) is the highest academic degree in law. It is a research degree, which combines 240 credit hours (or equivalent of four full-time years of work). Candidates have the option to complete a dissertation or a monograph of a series of published articles. Although not required to practice law, the LLD is a pre-requisite for an academic career.
In former years, Doctors of Law were a distinct form of Attorney-at-Law who were empowered to act as advocates in civil law courts. The Doctors had their own Inns of Court
, which was called Doctors' Commons
. In 1953, 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.
The S.J.D. is the research doctorate in law, and as such it is generally accepted as comparable to the more commonly awarded research doctorate, the Ph.D. The S.J.D. is described as the "highest degree in law" by the University of Virginia, the "terminal degree in law" by Indiana University and Harvard Law School and as the "most advanced law degree" by Yale Law School, Georgetown Law, New York University and Stanford University. The National Association of Legal Professionals states that the J.S.D./S.J.D. is "typically the most advanced (or terminal) law degree that would follow the earning of the LL.M. and J.D. degrees." However, while the degree may be the highest research doctorate in law, the J.D. is also a doctorate (the highest professional doctorate in law), as evinced by universities' description of the S.J.D. as a a "postdoctoral degree." The American Bar Association
has issued a Council Statement stating that the J.D. be considered as being equivalent to the Ph.D. for employment and educational purposes. The S.J.D. typically requires three to five years to complete, and requires an advanced study in law as a scientific discipline and a dissertation, which serves as an original contribution to the scholarly field of law. Notable recipients of the degree of Doctor of Juridical Science include: Harvey L. Strelzin (New York U., 1906); Charles Hamilton Houston
(Harvard, 1923); Lowell Turrentine (Harvard, 1929); Judge William Henry Hastie (Harvard, 1932); Justice Bernard Jefferson (Harvard, 1934); Pauli Murray
(Yale, 1965); Ma Ying-jeou
(Harvard, 1981) and Ayala Procaccia
(University of Pennsylvania, 1972).
Doctorate
A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder to teach in a specific field, A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder...
degree in law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
. The application of the term varies from country to country, and includes degrees such as the LL.D., Ph.D.
Ph.D.
A Ph.D. is a Doctor of Philosophy, an academic degree.Ph.D. may also refer to:* Ph.D. , a 1980s British group*Piled Higher and Deeper, a web comic strip*PhD: Phantasy Degree, a Korean comic series* PhD Docbook renderer, an XML renderer...
, J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
, J.S.D., and Dr. iur.
Argentina
In ArgentinaArgentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
the Doctor of Laws or Doctor of Juridical Science
Doctor of Juridical Science
Doctor of Juridical Science, Doctor of the Science of Law, Scientiae Juridicae Doctor , abbreviated J.S.D. or S.J.D., is a research doctorate in law and equivalent to the PhD It is offered primarily in the United States, where it originated, and in Canada...
s is the highest academic qualification in the field of Jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
. To obtain the doctoral degree the applicant must have previously achieved, at least the undergraduate degree of Attorney. (Título de Abogado). The doctorates in Jurisprudence in Argentina might have different denominations as is described as follow:
- Doctorate in Law (Offered by the U of BA, NU of the L, and NU of R)
- Doctorate in Penal Law
- Doctorate in Penal Law and Penal Sciences
- Doctorate in Juridical Sciences
- Doctorate in Juridical and Social Sciences (Offered by the NU of C)
- Doctorate in Private Law (Offered by the NU of T)
- Doctorate in Public Law and Government Economics (Offered by the NU of T)
Brazil
In Brazil, the Doctor of Laws degree, known in Portuguese as Doutor em Direito or Doutor em Ciências Jurídicas, is the highest academic degree in law available.In some of the country's most important universities there is a higher title known as Livre docência, like the habilitation
Habilitation
Habilitation is the highest academic qualification a scholar can achieve by his or her own pursuit in several European and Asian countries. Earned after obtaining a research doctorate, such as a PhD, habilitation requires the candidate to write a professorial thesis based on independent...
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
Thesis
A dissertation or thesis is a document submitted in support of candidature for an academic degree or professional qualification presenting the author's research and findings...
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 (the Master's in Brazil is a graduate degree and is not the first professional degree). Therefore, a bachelor of Laws (a bearer of the first professional degree), seeking the degree of doctor must usually complete a postgraduate course to attain the degree of Master of Laws (to attain that degree one must write and defend a dissertation before a panel of three professors, bearing the title of master, doctor or a "livre docência, and also complete credits), 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 (i.e., a holder of the first professional degree), 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. 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.
Unlike the Master of Laws dissertation, the Doctoral Thesys must contain an original contribution to the field of Law under study.
Canada
[The "LL" in LL.D., LL.M and LL.B is a Latinate plural form. The use of the double letter denotes a plural. I think this article is otherwise quite fine. I urge you to pluralize all the LL's in the article. Also, my observation is that in recent years the LL.D. is reserved for honorary degrees given to people the university wishes to honour for outstanding work and is no longer a degree in the study of law. The doctorate one earns is S.J.D.]In Canada, there are two law-related doctorates. Doctor of Laws (LL.D.) is the academic doctorate degree and Doctor of Jurisprudence (J.D. or Juris Doctor) is the professional degree.
The first law degree was known until recently as the Bachelor of Laws (LL.B.). 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. awarded abroad, which would accept high school graduates. So most Canadian Universities now issue the professional doctorate, the J.D. (Doctor Juris) or Doctor of Jurisprudence instead of the LL.B. The University of Saskatchewan replaced existing LL.B. degrees with the new J.D. in 2010 because the Canadian LL.B. is exactly equivalent to the J.D.
As in the United States, most law schools in Canada award graduates the designation "Juris Doctor". All Canadian Juris Doctor programs consist of three years, and have similar content in their mandatory first year courses. As with U.S. J.D. programs, such as that of the New York University Law School, the mandatory first year courses in Canadian law schools outside Quebec include "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, Aboriginal law, etc.
After the first law degree, one may pursue a second, the Masters of Law (LL.M.) and after that, the Doctor of Law (LL.D.), at some Canadian universities. Several universities award it only as an honorary degree
Honorary degree
An honorary degree or a degree honoris causa is an academic degree for which a university has waived the usual requirements, such as matriculation, residence, study, and the passing of examinations...
. However, when awarded by a law school, it is an earned degree. Of the universities in Canada that offer earned academic doctorates in law, four (University of Ottawa, University of Montreal, Laval University, and University of Quebec at Montreal) offer LL.Ds, three (University of British Columbia, Osgoode Hall Law School of York University, and University of Victoria) offer Ph.Ds, two (University of Toronto, and Dalhousie University) offer J.S.D./S.J.D degrees (Doctor of Laws), and one (McGill University) offers a D.C.L (Doctor of Civil Law
Doctor of Civil Law
Doctor of Civil Law is a degree offered by some universities, such as the University of Oxford, instead of the more common Doctor of Laws degrees....
). The differences largely reflect the divide between Canada's two legal systems (the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
and the civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
). Faculties that teach in the civil law tradition grant LL.D degrees, whereas those in the common law tradition grant either Ph.Ds or J.S.Ds.
Czech Republic and Slovakia (former Czechoslovakia)
In the Czech RepublicCzech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
and Slovakia
Slovakia
The Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south...
the Doctor is a postgraduate degree in two types - as a traditional so-called small doctorate (JUDr) and much important PhD doctorate.
JUDr (Juris Utrisque Doctor) is a degree with tradition of few centuries, originally the highest possible degree. Nowadays, its scholar importancy is quite limited but it serves as traditional and popular badge degree especially useful for attorneys. In older times with no Master degree, JUDr. served as only law degree, somehow similar to master+special exam. Nowadays, it is disputable, if JUDr. is longer a law degree or only a law title, since it is not bounded with any special studies at the university. Requirements for obtaining JUDr degree are Master (Mgr.) degree in law, to write a thesis and to pass an oral exam called rigorosum. Also the thesis is sometimes called rigorosum. JUDr is nowadays basically degree (title) of legal professionals and has no scholar value, especially not in comparison with PhD. Many JUDr. theses are just slightly changed or extended Master theses.
Doctoral studies leading to PhD degree are quite different from JUDr exam. PhD studies are internal (PhD student is at the same time teacher at the University) which lasts 3 years and external up to 8 years long. PhD. students are obliged to pass some exams during the studies and before all to work on their dissertation. The PhD is intended basically for candidates interested in an academic career.
Czech system is in many way similar to German and Austrian. Therefore, PhD. degree is necessary for habilitation procedure. Through habilitation, to doctor of law who submits his Habilitation work (similar to German Habilitationsschrift) can be given a capacity and title of Docent (Doc.), similar to German Dozent, Privatdozent or US Assistant Professor. Docent is not a degree, but a scholar title.
Only Docent can be appointed Professor through another special procedure. Unlike Germany (and unlike own Czech tradition), Professor is not a function (a seat, Cathedra) at the University, but just a scholar title. This leads to many problems, especially to the phenomenon of so-called flying professors, who are teaching at two or three universities at the same time and to the decline of academic life.
European and Commonwealth usage
In the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, and Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
, the degree is a higher doctorate usually awarded on the basis of exceptionally insightful and distinctive publication
Publication
To publish is to make content available to the public. While specific use of the term may vary among countries, it is usually applied to text, images, or other audio-visual content on any medium, including paper or electronic publishing forms such as websites, e-books, Compact Discs and MP3s...
s that contain significant and original contributions to the study of law. Some universities, such as the University of Oxford
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
, award a Doctor of Civil Law degree instead. 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 like in most European countries. The LL.D. may also be awarded as an honorary degree based upon a person's contributions to society.
Finland
In FinlandFinland
Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
, the Doctor of Laws is the highest academic degree in law, based on 60 credits of course studies and, most importantly, successful completion of a doctoral dissertation. The dissertation usually takes the form of a monograph
Monograph
A monograph is a work of writing upon a single subject, usually by a single author.It is often a scholarly essay or learned treatise, and may be released in the manner of a book or journal article. It is by definition a single document that forms a complete text in itself...
at least of 250 pages in length, or of a series of published articles. A successful oral disputation is also required. It usually takes at least four years to complete the degree.
The degree of the Doctor of Laws does not qualify its holder for judicial offices. Instead, the degree of the Master of Laws is the requirement for the membership of the Finnish Bar Association and for judicial offices. As the doctoral programs for the doctoral degree are, in principle, open for the holders of all master's degrees, the possession of the degree of the Doctor of Laws is not a guarantee for the possession of the Master of Laws -degree. However, it is very seldom that someone who has not graduated in law graduates for a doctor of law.
France
In France the Doctor of Law degree (doctorat en droit also called doctorat d'État) was an higher doctorate in the fields of law supersed in 1984 by the habilitation. The reseach degree in law is now a PhD, followed in many case by an agrégationAgrégation
In France, the agrégation is a civil service competitive examination for some positions in the public education system. The laureates are known as agrégés...
exam. Only the master of law is necessary to pass the bar exam.
Germany
The Doctor of Laws (Doktor der Rechte) is the terminal degree in law, abbreviated as Dr. iur. (Doctor iuris) or Dr. jur. (Doctor juris). The terminology varies: while most universities refer to the degree as Doctor of Laws (Doktor der Rechte (pl.), e.g. Munich, MünsterUniversity of Münster
The University of Münster is a public university located in the city of Münster, North Rhine-Westphalia in Germany. The WWU is part of the Deutsche Forschungsgemeinschaft, a society of Germany's leading research universities...
, Berlin (HU)
Humboldt University of Berlin
The Humboldt University of Berlin is Berlin's oldest university, founded in 1810 as the University of Berlin by the liberal Prussian educational reformer and linguist Wilhelm von Humboldt, whose university model has strongly influenced other European and Western universities...
, Cologne
University of Cologne
The University of Cologne is one of the oldest universities in Europe and, with over 44,000 students, one of the largest universities in Germany. The university is part of the Deutsche Forschungsgemeinschaft, an association of Germany's leading research universities...
, Tübingen, Göttingen), some others refer to it either as Doctor of Jurisprudence (Doktor der Rechtswissenschaft, e.g. Heidelberg) or Doctor of Law (Doktor des Rechts (sg.), e.g. Berlin (FU)
Free University of Berlin
Freie Universität Berlin is one of the leading and most prestigious research universities in Germany and continental Europe. It distinguishes itself through its modern and international character. It is the largest of the four universities in Berlin. Research at the university is focused on the...
). It is conferred based on a thesis consisting of a suitable body of original academic research, and an oral examination (rigorosum or disputation). The thesis must have been published as a book or - less common - as a series of articles in a peer reviewed law journal before the degree can be formally conferred. Admission usually requires the grade of "Fully Satisfactory" (approximately top quintile of class) in the student's first Staatsexamen
Staatsexamen
The ' is a German government licensing examination that future doctors, teachers, pharmacists, food chemists and jurists have to pass to be allowed to work in their profession. The examination is generally organized by government examination agencies which are under the authority of the...
(the Master's level first professional degree). Having successfully passed the second Staatsexamen (the German equivalent to the bar exam) is not required.
The Doctor of Both Laws (Doktor beider Rechte), awarded as Dr. iur. utr. (Doctor iuris utriusque
JUD
A Doctor of Canon and Civil Law, from the Latin doctor utriusque juris, or juris utriusque doctor, or doctor juris utriusque is a scholar who has acquired a doctorate in both civil law and church law...
, conferred e.g. in Würzburg) is rare, since it means considering both Civil Law and Canonical Law. A doctorate solely in the latter area is the degree of Dr. iur. can. (Doctor iuris canonici).
Approximately ten percent of German law graduates hold a doctoral degree. However, the Doctor of Laws is still only the first step to tenure at German law schools. Despite the initiative to establish a junior professorship with tenure option after five to seven years, and special professorships specializing in teaching (Lehrprofessur), to become a university professor of law a habilitation (de iure not an academic degree) is still mandatory at most German law schools.
Italy
In Italy, the title of "Master doctor of law" (Dottore magistrale in Giurisprudenza) is the title given to students who complete the master degree in law, the Laurea magistrale degree (5 years).Despite of the Bologna process, Law is one of the studies that still sticks to the traditional Italian system without a bachelor degree and a Master as the first academic degree.
Once a prospective lawyer has been awarded the "Master doctor of law" (Dottore magistrale in Giurisprudenza), and worked two years like trainee lawyer, he or she is required to pass a state bar examination in order to be licensed to practice as an Attorney at Law (Avvocato).
Previously, "dottore in giurisprudneza" was the title given to the students that completed the old course of studies in law (4 years).
Malta
In MaltaMalta
Malta , officially known as the Republic of Malta , is a Southern European country consisting of an archipelago situated in the centre of the Mediterranean, south of Sicily, east of Tunisia and north of Libya, with Gibraltar to the west and Alexandria to the east.Malta covers just over in...
, the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
's smallest member state, the LL.D. is a doctorate-level academic degree in law requiring at least three years of post-graduate full-time study at the University of Malta
University of Malta
The University of Malta is the highest educational institution in Malta Europe and is one of the most respected universities in Europe. The University offers undergraduate Bachelor's Degrees, postgraduate Master's Degrees and postgraduate Doctorates .-History:The University of Malta was founded in...
, Malta's national university. At least three years of previous law study are required for entry. Students are required to complete coursework in a number of core areas of law, as well as to submit a thesis which is to be "an original work on the approved subject or other contribution to the knowledge showing that he/she has carried out sufficient research therein". It confers the title of Doctor
Doctor (title)
Doctor, as a title, originates from the Latin word of the same spelling and meaning. The word is originally an agentive noun of the Latin verb docēre . It has been used as an honored academic title for over a millennium in Europe, where it dates back to the rise of the university. This use spread...
, which in Malta is rigorously used to address a holder of the degree. The LL.D. is one of the requirements for admission to the profession of advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
in Malta (an advocate, as opposed to a legal procurator, has rights of representation in superior courts).
In Malta, practising lawyers are of three designations – notaries, legal procurators and advocates. The Bachelor of Laws (LL.B.) degree is an undergraduate degree
Undergraduate degree
An undergraduate degree is a colloquial term for an academic degree taken by a person who has completed undergraduate courses. It is usually offered at an institution of higher education, such as a university...
that of itself is not sufficient for admission into any of the legal professions. A one-year full time taught post-graduate diploma of Notary Public (N.P.) is required after the LL.B. for admission to the profession of notary public
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
, while a taught post-graduate diploma of Legal Procurator (L.P.) is required for admission to the profession of legal procurator
Legal procurator
A legal procurator is a lawyer in Malta who assists advocates in lawsuits in courts of various levels. A legal procurator also has rights of audience in lower courts of that country.-External link:*...
. A legal procurator is a lawyer in Malta that has rights of audience in the lower courts, a profession that was existent in Malta as early, and even prior to 1553. All three professions also require members to be holders of a warrant issued by the President of Malta, obtainable after a minimum of one year of work experience in that profession, and examination. It is not possible for a Maltese lawyer to hold a warrant in more than one of the professions at a time.
Notable holders of the LL.D. degree include Dr. Ugo Mifsud Bonnici
Ugo Mifsud Bonnici
Dr Ugo Mifsud Bonnici was the fifth President of Malta from 1994 to 1999.-Early life, education, and family:He was born in Cospicua as the son of Professor Carmelo Mifsud Bonnici LL.D and Maria Ross. He was educated at the Lyceum and the Royal University of Malta. He graduated as a Bachelor of...
(former President of Malta), Prof. Guido de Marco
Guido de Marco
Guido de Marco was a Maltese politician, who served as the sixth President of Malta from 1999 to 2004. A noted statesman and lawmaker, de Marco also served as Deputy Prime Minister, Minister of the Interior, Justice, and Minister for Foreign Affairs.He is widely regarded as one of the great...
(former President of the United Nations General Assembly and former President of Malta), Dr. George Borg Olivier (first post-independence Prime Minister of Malta), and Dr. Lawrence Gonzi
Lawrence Gonzi
Lawrence Gonzi is a Maltese politician who has been Prime Minister of Malta since 2004. He was Speaker of the House of Representatives of Malta from 1988 to 1996, Minister of Social Policy from 1998 to 1999, and Deputy Prime Minister from 1999 to 2004...
(current Prime Minister of Malta).
Sweden
In SwedenSweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
, the Doctor of Laws (LLD) is the highest academic degree in law. It is a research degree, which combines 240 credit hours (or equivalent of four full-time years of work). Candidates have the option to complete a dissertation or a monograph of a series of published articles. Although not required to practice law, the LLD is a pre-requisite for an academic career.
United Kingdom
In the UK, the degree of Doctor of Laws is a higher doctorate, ranking above the Ph. D., awarded upon submission of a portfolio of advanced research. It is also often awarded honoris causa to public figures (typically those associated with politics or the law) whom the university wishes to honour. In most British universities, the degree is styled "Doctor of Laws" and abbreviated LL. D., however some universities award instead the degree of Doctor of Civil Law, abbreviated DCL.In former years, Doctors of Law were a distinct form of Attorney-at-Law who were empowered to act as advocates in civil law courts. The Doctors had their own Inns of Court
Inns of Court
The Inns of Court in London are the professional associations for barristers in England and Wales. All such barristers must belong to one such association. They have supervisory and disciplinary functions over their members. The Inns also provide libraries, dining facilities and professional...
, which was called Doctors' Commons
Doctors' Commons
Doctors' Commons, also called the College of Civilians, was a society of lawyers practising civil law in London. Like the Inns of Court of the common lawyers, the society had buildings with rooms where its members lived and worked, and a large library...
. In 1953, 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
George Drewry Squibb
George Drewry Squibb LVO BCL MA FSA FRHistS FSG QC JP was a British lawyer, herald and antiquary who is most noted for his participation in the celebrated 1954 case in the High Court of Chivalry, the first case heard by that court for over two hundred years.-References:* , The Independent 12...
, who was simultaneously distinguished as a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
, a doctor of laws, and a historian
Historian
A historian is a person who studies and writes about the past and is regarded as an authority on it. Historians are concerned with the continuous, methodical narrative and research of past events as relating to the human race; as well as the study of all history in time. If the individual is...
. 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.
United States
The term "Doctor of Law" refers to the degree of Juris Doctor (JD), which in the U.S. is the only first professional law degree, and to the S.J.D. (Scientiae Juridicae Doctor or J.S.D., the degree name in English or Doctor of Juridical Science).The S.J.D. is the research doctorate in law, and as such it is generally accepted as comparable to the more commonly awarded research doctorate, the Ph.D. The S.J.D. is described as the "highest degree in law" by the University of Virginia, the "terminal degree in law" by Indiana University and Harvard Law School and as the "most advanced law degree" by Yale Law School, Georgetown Law, New York University and Stanford University. The National Association of Legal Professionals states that the J.S.D./S.J.D. is "typically the most advanced (or terminal) law degree that would follow the earning of the LL.M. and J.D. degrees." However, while the degree may be the highest research doctorate in law, the J.D. is also a doctorate (the highest professional doctorate in law), as evinced by universities' description of the S.J.D. as a a "postdoctoral degree." The American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
has issued a Council Statement stating that the J.D. be considered as being equivalent to the Ph.D. for employment and educational purposes. The S.J.D. typically requires three to five years to complete, and requires an advanced study in law as a scientific discipline and a dissertation, which serves as an original contribution to the scholarly field of law. Notable recipients of the degree of Doctor of Juridical Science include: Harvey L. Strelzin (New York U., 1906); Charles Hamilton Houston
Charles Hamilton Houston
Charles Hamilton Houston was an African American lawyer, Dean of Howard University Law School and NAACP Litigation Director who played a significant role in dismantling the Jim Crow laws and trained future Supreme Court Justice Thurgood Marshall.Houston was born in Washington, D.C. His father...
(Harvard, 1923); Lowell Turrentine (Harvard, 1929); Judge William Henry Hastie (Harvard, 1932); Justice Bernard Jefferson (Harvard, 1934); Pauli Murray
Pauli Murray
The Reverend Dr. Anna Pauline Murray was an American civil rights advocate, women's rights activist and feminist, lawyer, writer, poet, teacher, and ordained priest....
(Yale, 1965); Ma Ying-jeou
Ma Ying-jeou
Ma Ying-jeou is the 12th term and current President of the Republic of China , commonly known as Taiwan, and the Chairman of the Kuomintang Party, also known as the Chinese Nationalist Party. He formerly served as Justice Minister from 1993 to 1996, Mayor of Taipei from 1998 to 2006, and Chairman...
(Harvard, 1981) and Ayala Procaccia
Ayala Procaccia
Ayala Procaccia is a Justice of the Supreme Court of Israel, since 2001. Before being elected to the Supreme Court, she served as a judge in the Jerusalem Magistrates’ Court until 1993 and in the Jerusalem District Court from 1993 to 2001.-Biography:...
(University of Pennsylvania, 1972).
See also
- Legum DoctorLegum DoctorLegum Doctor is a doctorate-level academic degree in law, or an honorary doctorate, depending on the jurisdiction. The double L in the abbreviation refers to the early practice in the University of Cambridge to teach both Canon Law and Civil Law, the double L indicating the plural, Doctor of both...
(LL.D.) - Master of LawsMaster of LawsThe Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
(LL.M.) - Bachelor of LawsBachelor of LawsThe Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
(LL.B.) - Doctor of Canon LawDoctor of Canon LawDoctor of Canon Law is the doctoral-level terminal degree in the studies of canon law of the Roman Catholic Church.It may also be abbreviated I.C.D. or dr.iur.can. , ICDr., D.C.L., D.Cnl., D.D.C., or D.Can.L. . Doctor of both laws are J.U.D...
(J.C.D.)