Chapter 1

SOME PRELIMINARY
OBSERVATIONS ON LEGAL
WRITING AND RESEARCH
Importance of writing and research for legal

academics
On the Importance of Writing Papers  

‘When I assign papers, I do not assign them merely as busy work or

simply as something that I can have on which to base a grade. They
are assigned because, done well, they will assist you in learning how to
present a coherent thesis in writing, acquire basic writing skills,
develop careful reasoning and learn to apply appropriate data
analysis. When you postpone working on the paper or turn in a
substandard piece of research, you will not only receive a poor grade,
but, more importantly, you will have wasted an opportunity to acquire
skills that will be essential to whatever future career plans you may
have. Good writing is essential to success in the kind of careers you
will likely want to pursue’
Writing a good paper is not just an irrelevant exercise that
you need to do in order to get a passing grade.  It is an
exercise through which you learn:
(1) how to research a topic,
(2) how to think critically about that topic, and
(3) how to coherently express your understanding, analysis
and conclusions about the topic to someone else who may
or may not be as informed on the subject as you are. 
The more you write quality essays and papers in college
and the more you work to improve your research and
writing skills, the better your writing and your analytical
skills will become.

http://www.drabruzzi.com/importance_of_writing%20research
%20papers.htm
 Experience gives much value to a writer's authority, but good research is an
important tool regardless for all kinds of writing.

 In any writing, whether it be academic, professional, fiction or non-fiction, research

is a valuable tool for good writing. Well done research helps a writer to write
easier, to write more knowledgeably on the topic and to broaden the scope of his or
her writing.

Academic Writing
 Academic writing requires research to prove that the student understands the
importance of proper research, to help the student learn how to research, and to
give the student good practice. Beyond that, it makes a student’s writing more
informed.
 Proper research helps a history major, for example, better defend a thesis because it
will give the student a better grasp on the history in question. Research helps a
science major better prepare a hypothesis because it explores possibilities. Research
certainly helps an English major relate art to life. This research can be done best
through reading books and journals on the topic, whether they be print or online
resources.

http://freelancewriting.suite101.com/article.cfm/the_value_of_research_in_writing
 The practice and ethics in writing and
research

Definition of ethics:

- norms for conduct that distinguish between

acceptable and unacceptable behavior.
- method, procedure, or perspective for deciding
how to act and for analyzing complex problems and
issues.
(David B. Resnik, J.D., Ph.D -
http://www.niehs.nih.gov/research/resources/bioethics/whatis.cfm)

 The importance of ethics:

- Promote the aims of research, such as knowledge, truth, and avoidance

of error. For example, prohibitions against fabricating, falsifying, or
misrepresenting research data promote the truth and avoid error.

- Second, since research often involves a great deal of cooperation and

coordination among many different people in different disciplines and
institutions, ethical standards promote the values that are essential to
collaborative work, such as trust, accountability, mutual respect, and
fairness. For example, many ethical norms in research, such as guidelines
for authorship, copyright and patenting policies, data sharing policies, and
confidentiality rules in peer review, are designed to protect intellectual
property interests while encouraging collaboration. Most researchers want
to receive credit for their contributions and do not want to have their ideas
stolen or disclosed prematurely.
- Third, many of the ethical norms help to ensure that researchers can be
held accountable to the public. For instance, federal policies on research
misconduct, conflicts of interest, the human subjects protections, and
animal care and use are necessary in order to make sure that researchers
who are funded by public money can be held accountable to the public.

- Fourth, ethical norms in research also help to build public support for
research. People more likely to fund research project if they can trust the
quality and integrity of research.

- Finally, many of the norms of research promote a variety of other

important moral and social values, such as social responsibility, human
rights, animal welfare, compliance with the law, and health and safety.
Ethical lapses in research can significantly harm human and animal
subjects, students, and the public. For example, a researcher who fabricates
data in a clinical trial may harm or even kill patients, and a researcher who
fails to abide by regulations and guidelines relating to radiation or
biological safety may jeopardize his health and safety or the health and
safety of staff and students.
 Research
 attempt to find out in a systematically and scientific manner;
 systematic investigation to establish facts
 any gathering of data, information and facts for the
advancement of knowledge.
 a detailed study of a subject, especially in order to discover
(new) information or reach a (new) understanding.
 a search for information
 Scientific method refers to a body of techniques for
investigating phenomena, acquiring new[1] knowledge, or
correcting and integrating previous knowledge
Research is an ORGANIZED and SYSTEMATIC way
of FINDING ANSWERS to QUESTIONS.
 SYSTEMATIC because there is a definite set of procedures and steps
which you will follow. There are certain things in the research process
which are always done in order to get the most accurate results.
 ORGANIZED in that there is a structure or method in going about doing
research. It is a planned procedure, not a spontaneous one. It is focused and
limited to a specific scope.
 FINDING ANSWERS is the end of all research. Whether it is the answer
to a hypothesis or even a simple question, research is successful when we
find answers. Sometimes the answer is no, but it is still an answer.
 QUESTIONS are central to research. If there is no question, then the
answer is of no use. Research is focused on relevant, useful, and important
questions. Without a question, research has no focus, drive, or purpose.

http://linguistics.byu.edu/faculty/henrichsenl/researchmethods/RM_1_01.ht
ml
 Scholarly or scientific investigation or inquiry.
 Close, careful study.
 careful, systematic, patient study and
investigation in some field of knowledge,
undertaken to discover or establish facts or
principles.
 The process of gathering information for the
purpose of initiating, modifying or terminating
a particular investment or group of
investments.
 Research idea
 You find a research idea when you find a gap in the
current knowledge or an unanswered question that
interests you.
 The most important characteristic of a good research
idea is that
- it is testable.
- your chances for success are increased when your
view of nature approximates reality as closely as
possible. When reality is approximated there is a
good likelihood of success.
 Sources of ideas for research

 experience of practical problems in the field

 literature in your specific field
 Nonsystematic Sources
• Include those occurrences that give us the illusion that a
research idea has dropped out of the sky.
• Inspiration - Ideas that pop into one’s mind from
(seemingly) nowhere. Inspiration usually comes more
easily after one has been working on a particular problem
for some time.
• Serendipity - Refers to those situations where we look for
one phenomenon but find another
• Everyday Occurrences - The people and/or situations one
encounters daily provide some of the best possibilities for
research.
 Systematic Sources
• Research ideas from systematic sources are carefully
organized and logically thought out.
• Past Research - A careful survey of the research done in
a specific area will highlight any knowledge gaps or
unanswered questions in that area.
• Theory - The guidance function of a theory provides an
endless panorama of projects for researchers who take the
time and trouble to master the theory and understand its
implications.
• Classroom Lectures - Lectures often include a systematic
review of the relevant literature on a particular topic and as
such are a good source of research ideas.
 Sources of legal data and
information
 Primary sources

Primary data
- information that is collected first hand by researchers.
- data that are collected to help solve a problem or take
advantage of an opportunity on which a decision is pending

It can be collected by:

- Surveys;
- Interviews;
- Focus groups;
- Questionnaires
 Secondary sources

Secondary data
- information that is already available and which is
used by the researcher as source for data used in
his/her research.
- data that were developed for some purpose other
than helping to solve the problem at hand.

Different forms of secondary data include:

- Journals;
- Books;
- Census Data;
- Newspaper articles; and
- Biographies
 Advantages and Disadvantages
Primary Data
 more accommodating as it shows
latest information.
 accumulated by the researcher
particularly to meet up the research
objective of the subsisting project.
 completely tailor-made and there is
no problem of adjustments.
 takes a lot of time and the unit cost
of such data is relatively high.
Secondary Data
 lacks aptness and therefore, it has
unsatisfactory (information relates to
a past period)
 collected and analyzed by the
organization to convene the
requirements of various research
objectives
may not accommodate the exact
needs and particular requirements of
the current research study
 available effortlessly, rapidly and
inexpensively.
 Preparing to write
 choose an important subject - believing in
the importance of your own work, and
persuading others that your work is important.

 Be specific - proposal must walk the fine line

of enough detail to show the reader that the
candidate knows what they are talking about,
but not too much detail that it confuses or
bores the search committee
 Keep it short and focus on the major themes -
Superfluous details are not just unnecessary, they are
often the hallmark of a poor plan

 Be serious about writing - If the proposal confuses

the reader in almost any way, it is simply tossed out.

http://sciencecareers.sciencemag.org/career_develop
ment/previous_issues/articles/1820/writing_a_resear
ch_plan/
 Organizing thoughts
 make an outline of the key points you want to
address.
 keep your thinking in a diamond shape
so it starts off with a point, expands to the bulk of the matter,
and then comes down to a
close.
 expand your main point with your examples, arguments, and
justifications. Be
 thorough so you can effectively persuade your listeners to
your point of view.
view
 narrow your message down to a concise close where you
actually ask people to do
something
Writing process
 Writing process

 Pre writing
 Drafting
 Revising
 Editing
 Evaluating
 Publishing
 Essentials of good writing
 Original thinking
 General knowledge/education
 Communicability
 Ability to put difficult concepts in clear
words
 Basic literacy
 Persistence and diligence
 Good teachers
 The general research competencies

 For any particular clinical or research topic, three levels of

leaning outcomes have been described. They are:

Be familiar with: At this level there is a basic understanding

but little or no practical experience (I have read about it).
Have knowledge of: At this level there is a sound theoretical
knowledge but limited practical experience (I have read about
it and understand it).
Be competent at: At this level there is sound theoretical
knowledge and understanding of the topic, together with
sufficient practical experience to be able to complete/carry out
the task concerned independently and without assistance (I
have read about it, understand it and can do it consistently to a
satisfactory standard).
A research competency is a description of this
third level and specifies the knowledge and
skills required. It does not describe how they
may be acquired, although it is useful to
provide this information in a competency
document. However, it should be borne in
mind that there are usually many ways in
which a specific competency can be acquired.