What is an essay?

An essay is an analytical discussion of a particular topic in the light of certain ideas

or theories. It can be a survey of different views, with a discussion analyzing or
critiquing those views. It should identify a core issue or set of issues and looks at
representative opinions or perspectives, offering both explanation and analysis.

Students may take a strong theoretical stand on the issue under discussion or may
choose primarily to explain or comment. The essay should use academic sources,
that is, it should make reference to or quote from scholarly sources discussing the
question at issue, but it can also use other kinds sources to illustrate the way a legal
question is understood outside the specialist discussions of law . It should be well-
structured and show a progression from the introduction to the conclusion, so that
the conclusion speaks to issues raised in the introduction and shows how the essay
has analyzed them and reached its conclusions.

A good essay shows texts, quotations, or points of argument, etc. in dialogue with
theories or abstract positions – the textual point illustrates or contradicts, or is
suggestive in relation to, the theoretical position and vice versa. It reaches some kind
of decisive or interesting conclusion, that is it ends with some kind of summing up or
analytical statement that shows what the student (and the reader) is supposed to
learn and conclude. That conclusion should pick up on the basic questions outlined
in the introduction.

In dealing with a legal topic, this may be approached in two basic ways. Firstly, the
close reading of a single case report (legal judgment) or a few cases can be placed
at the centre of a wider analysis. Note that within many cases one can find not only
strictly legal argument, other kinds of comments and views. Significant legal
decisions can be read as part of wider social, political and ideological debate, as well
as showing law as a mode of reasoning. Important legal decisions always have a
historical context, and form part of the history of ideas, sociopolitical and cultural
history.

Alternatively, you can choose a concrete and well-defined issue, dilemma, moral
quandary, and discuss it on a general level, using legal and other academic sources,
and making reference if necessary to cases and other historical materials.

Structure
Please pay attention to structure and consistency of argumentation. The most
important structural elements in an essay or project are the introduction and the
conclusion – there should be some dialogue, echoes, linkage or other relationship
between these two sections.

Frame (introduction) + body of the essay + frame (conclusion)

Consistency of argumentation means: being disciplined about use of terminology,

and careful about answering questions that you pose, relating examples to
theoretical concepts, etc. Contrastive, analytical discussion and close-reading of
textual passages are usually signs of a good essay.
Considering using sub-headings – some students find this a useful technique.

Close reading
This involves trying to identify in the text: (i) the explicit aims and arguments; (ii) the
key concepts and terms; (iii) the underlying tensions and conceptual conflicts or
contradictions, especially key distinctions or dichotomies; (iv) one’s own analytical or
critical stance (perhaps compared with those of other readers or critics).

From the point of view of the critical close reader, there are no absolutely or
unqualifiedly authoritative texts, reference works, or definitions.

Analysis
What is analysis?
The linking of the particular (a detail, event, phrase, statement) and the general
(argument, discussion, theory, key word)
The discussion of two or more approaches to a problem or aspects of a situation to
assess their merits and demerits.
The evaluation of an ideological or intellectual position
A reasoned conclusion or thought-out argument in relation to an issue
The juxtaposing of opposing voices, showing how the particular issue relates to a
more general framework, identifying interpretative conflicts
Reflection on limitations, problems in relation to methodology, key concepts,
frameworks, …

Levels of analysis
Descriptive: what, where, when, who, the basic scenario
Historical: background, as a source of dispute, as a source of concepts or ideas,
legitimation
Textual: metaphors, dichotomies, key terms, key concepts
Socio-cultural: the contemporary context and climate of opinion
Interpretative: disputes about how meanings should be analyzed; about how to
recognize the “true” meaning
Ideological: identifying key baseline ideological positions
Academic-intellectual: commentary on and critique of academic ideas

Definitions
In looking for definitions of key academic terms, it is in general unwise to use Cobuild
or Longmans Advanced Learner Dictionary or even the Oxford English Dictionary
(OED). These are not good sources for academic concepts used in an academic
essay. There are many specialized reference works for law, which are either found
on-line or in the reference section of the law library. If you are interested in how
ordinary (non-academic) words are defined, then it is a good idea to use the OED (it
is available on line through the library), or other standard dictionaries. Note that
dictionaries form part of the subject matter of this course so they should be
approached critically.

Law Dictionaries
As you might expect, there are plenty of law dictionaries on-line which define legal
terms:
Merriam-Webster's Law Dictionary: Legal Terms in Plain English
[https://www.merriam-webster.com/legal]

Be aware of differences between jurisdictions – the majority tend to be from the

United States:

Wex | LII / Legal Information Institute www.law.cornell.edu/wex/

Lectric Law Library's Dictionary http://www.lectlaw.com/def.htm
John Bouvier's Law Dictionary http://www.constitution.org/bouv/bouvier.htm

Wikipedia is probably superior as a beginning source for basic orientation, since

entries tend to incorporate definitions from law dictionaries.

Citation & quotation

Quotations should ideally move the argument forward – either because a quotation
illustrates the previous point, or moves the argument to a new point, or allows the
writer to illustrate, or make a critical observation about, a view or set of views. Avoid
long quotations unless you can show that it is necessary for the discussion; make
sure that if you cite a definition or an idea that you follow through in the rest of your
essay.

Please be careful about the conventions for acknowledging sources. It doesn’t

matter which system you use (e.g. footnotes for references or in text references
AUTHOR NAME DATE: pp numbers = Lee 1976: 79-80). This is partly a matter of
impression management (it creates the impression of a thoughtful and organized
piece of work) and partly a matter of academic integrity. It is not sufficient to put a
list of references at the end of an essay – you should indicate in detail where you are
getting quotations and ideas. You should use quotation marks for direct quotation
and indicate the source, including page number:

We can find many discussions of indeterminacy in the academic literature. For

example this remark shows the kinds of problems we face in looking for a clear
explanation: “Indeterminacy is itself indeterminate which means that we cannot
assert globally that language is indeterminate without falling into contradiction”
(Rida 1996: 34).

Rida, Paul D. (1996). Writing and its undoings. Devolution Press: New York.

If you quote from a website you can give the address or some other identifying title
or name, and a page number for quotations if there is one. It is a common
convention to give the date you accessed the website:

 Leiter, Brian: Legal Philosophy Blog, http://leiterlegalphilosophy. typepad.com,

accessed April 8, 2009

Case names plus date is acceptable as a minimum, but it is preferable (and looks
classier) to cite a complete legal reference: Riggs v. Palmer, 115 N.Y. 506 (1889).

Please use some convention for marking words or phrases that you are discussing,
e.g.
 ‘The meaning of race is highly context-dependent’ or ‘The meaning of “race” is
highly context-dependent’