Key issues

Faculty Website “English Legal Methods”

Summary
 The project
 Developing the topic
 Research design
 Making it workable
 The criteria for success
Developing the research question
 Early phase: Reading broadly on your topic
 To know the context of your specific area
 To know what has been written about the topic
 To develop a long-list bibliography (rapid reading)
 Narrowing the focus
 Is there one problem or issue on which you think you
can develop ideas? (the research question)
 Can that problem be handled within the word limit and
time available?
Defining the interest and selecting
topic
 You have already done this with your title
 Why is the field interesting?
 doctrinal confusion
 scholarly disputes
 new policy issues or relevance
 social and economic change
 comparative interest
 You have a topic area
A researchable problem
 Within your interest and topic, what is a problem?
A precise focus
 Gaps in knowledge
 Re-examine an old topic in a new way
 What is your personal strength: compare a specific
country, adopt a different method?
 Re-examine an old topic in the light of new developments
 Hypothesis to be tested
 Locate within what is currently known
Empirical research
 What is empirical?
 Quantitative (statistics, etc.)
 Qualitative (interviews, opinions)
 How do I use empirical methods?
 Evaluating what others have written
 Generating my own data
 Do I need training?
 Social Science Research Methods Training Centre
(http://www.ssrmc.group.cam.ac.uk/index.html)
Planning your work
 Draw up a project outline and timetable
 Objectives: what are you trying to do?
 Methods: what type of research?
 What do I need to do and by when? (project plan)
Making it workable
 Bibliography:
 Reduce to a short list of essential reading and possible
reading
 Decide on your referencing system early
 Writing
 Do not leave writing to the end. Produce notes on
sections as you do them (even bullet points)
 Write for yourself
 Manage your supervisor’s time: when to consult and ask
for advice
 Build in time for the final preparation & copying
 KEEP BACKUPS IN DIFFERENT PLACES!!
Keeping on track
 Have a timetable NOW
 Which hours in each week will I spend on this?
 Which bits of bibliography reading is scheduled in each
week, e.g. something between lectures?
Mechanics of writing
 Start with the descriptive element (Part 2)
 Overview of legislation, cases, scholarship
 What is the current state of debate
 What are my views on the debates? (Part 3)
 What is the picture I see emerging?
 Let my picture help give structure to the
descriptive element (Part 2)
 How do I now explain my topic and my argument?
(Conclusion & Part 1: Introduction?)
Final product: structure
1. Introduction:
1. Clear statement of the topic and why it is of interest
2. Set out the hypothesis you seek to test/prove &
summary of main argument
3. Clear statement of the structure of the discussion:
what can the reader expect next?
2. In longer work (thesis), then use of headings
3. Clear explanation of issues discussed & summaries
4. Conclusion: a summary of key points and possibly
a prospective look at the implications
Possible structures
 Refute established opinion
 Understanding already in the literature or case law
 Evidence to the contrary
 New understanding
 Solving a problem
 Statement of Problem
 Possible solutions
 Evaluation of possible solutions
 Conclusion
Final product: content
 You cannot be comprehensive so:
 explain the limits within which work
 principles of selection of material
 What can I take for granted?
 who is the reader?: a moderately well informed lawyer  not
necessarily an expert
 What must I demonstrate?
 Reading beyond the textbooks
 Where does your argument fit into debates in literature?

 Clear and justified conclusions

 are you criticising, supporting arguments that others have
made?
 Evidence: what is persuasive supporting evidence for your
position? Cf. what kind of evidence do others use.
Plagiarism
 What is it?
 Unattributed use of significant ideas or amount of text
written by others
 Faculty’s Plagiarism guidance on “Official Documents”
 Most is unintentional: “I cannot remember where I got
this good idea”
 Need good record keeping
 Put in footnotes as you write.
Criteria for judging success
 Structure
 Well-organised and structured;
 Succinctly and cogently presented
 Good use of English
 Content
 Generally accurate and well-informed;
 Reasonably comprehensive (relative to the topic)
 Providing evidence of reading beyond textbooks
Criteria 2
 Analysis
 Demonstrating a sound grasp of basic principles;
 Demonstrating a good understanding of the relevant
details;
 Displaying some evidence of insight;
 Evaluation of material, though such evaluation may be
derivative