Techniques of Writing a Good

Research Article

Dr. Subhradipta Sarkar

Associate Professor,
Jamia Millia Islamia, New Delhi
 Why Legal Writing is different?
• Most forms of legal writing assume a skeptical
audience, an audience prepared to challenge
every argument.
• Your goal is to support every argument, with
analysis and with authority.
 Find RESEARCHABLE Problem
Preferably a gap, an ambiguity, an unresolved
issue, something unsettling
• Cases you’ve read for class that leave things
unresolved.
• Class discussions that intrigued you.
• Questions in casebooks.
• New judicial pronouncements that create/leave
open issues.
• Advice from faculty members.
 Do Your Research
• Undertake a
literature search
• Identify the area (subject) – narrow it to a
specific topic.
• Example: Human Rights – Victims’ Rights –
Protection of Rights of Witnesses in Murder Trials
• One good article or book may give you the
breakthrough
• Try to know the Law – Statutes, Court cases,
International Treaties, etc.
• Read widely – write down your own
experience – make effective notes – jot down
points which comes in your mind even if they
appear unimportant or irrelevant

• Arrangement of materials – computer folders,

photocopy (write citation on them), use flags
(write on them)
 Identify CLAIM
• Claim = solution to your problem.
• Come up with claim that is
– Sound = yields results that you think are right when
applied to your problem.
– Novel = New to everyone, not just to you: You’re
trying to add to the body of professional knowledge.
– Nonobvious = has to be something that isn’t that easy
to figure out
– Useful = should have wider application ushering
changes in law and policy – professionally valuable
 Some Common
• Such-and-such law is unconstitutional
• The legislature ought to enact the following law.
• Properly interpreted, this statute means such-
and-such
• My empirical research shows that the law is
inadequate in such-and-such matter
• Viewing this law from [feminist] perspective, the
law is flawed and should be changed in such-and-
such manner.
 Write the article
• Show Us, Just don’t Claim
• Sit Down and Start Writing
• Substantiate Your Arguments
Structure of an Article

• Choose a structure that reflects your purpose

and be able to justify why the order works
• Of a 10-page article
• Introduction (max. 1- 1½ page)
• Body (max. 7 ½ - 8 pages) – Chapters/Parts
• Conclusion (max. 1 page)
What Should You Include
in Introduction?

• Give a SHORT Background information

• State the problem/issue;
• Describe why it is important;
• Describe what your paper will contribute to
the discussion (state your thesis);
• Provide a road map to your paper; and
• Fore-load your conclusion.
Building the Body

• No more than 3 or 4 parts or chapters.

• Chapters/parts should be balanced.
• Adopt a structure that allows you to integrate
the facts, law and your analysis.
• Chapter/part titles should orient the reader.
 How do you Conclude?
• Restate the claim
• Summarize the key points
• Tell the reader why your claim is useful and
important
• Emphasize on the implication.
 Edit, edit and edit
• Finish first draft quickly, so you can do many
more.
• “Nothing is ever written—it is rewritten.”
• Go through many drafts - if required rewrite
paragraphs.
• Edit on paper. Take a print out and use RED PEN
to edit. Unless there are red marks in each
paragraph, you are a BAD EDITOR
• Improve language and grammar, check
punctuations and rectify footnotes.
 Take Help of an Editor
• Give your professor a rough draft that you’ve
already closely proofread.
• Give it your friend, especially one who
criticizes you the MOST. You may
acknowledge his job formally in your article.
Don’t Forget some Basics
• Article is usually on a well-defined topic
• Structure your document: map out a framework
• Clear – Consistent – Flowing
• Use headings effectively
• Be objective and represent arguments of all sides.
• Sources are identified and reliable.
• Use a uniform style of citation.
 Take Care of the Language
1. Keep It Simple
2. Be Precise
3. Check the grammar.
4. Streamline your sentences: They are
expected to be short, direct, easy to
understand, does not create ambiguity