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Key issues Faculty Website “English Legal Methods

Key issues Faculty Website “English Legal Methods”

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Page 1: Key issues Faculty Website “English Legal Methods”

Key issuesFaculty Website “English Legal Methods”

Page 2: Key issues Faculty Website “English Legal Methods”

SummaryThe project

Developing the topicResearch designMaking it workable

The criteria for success

Page 3: Key issues Faculty Website “English Legal Methods”

Developing the research questionEarly phase: Reading broadly on your topic

To know the context of your specific areaTo know what has been written about the topicTo 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?

Page 4: Key issues Faculty Website “English Legal Methods”

Defining the interest and selecting topicYou have already done this with your titleWhy is the field interesting?

doctrinal confusionscholarly disputesnew policy issues or relevancesocial and economic changecomparative interest

You have a topic area

Page 5: Key issues Faculty Website “English Legal Methods”

A researchable problemWithin your interest and topic, what is a

problem? A precise focusGaps 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

developmentsHypothesis to be tested

Locate within what is currently known

Page 6: Key issues Faculty Website “English Legal Methods”

Empirical researchWhat is empirical?

Quantitative (statistics, etc.)Qualitative (interviews, opinions)

How do I use empirical methods?Evaluating what others have writtenGenerating my own data

Do I need training?Social Science Research Methods Training

Centre (http://www.ssrmc.group.cam.ac.uk/index.html)

Page 7: Key issues Faculty Website “English Legal Methods”

Planning your workDraw 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)

Page 8: Key issues Faculty Website “English Legal Methods”

Making it workableBibliography:

Reduce to a short list of essential reading and possible reading

Decide on your referencing system earlyWriting

Do not leave writing to the end. Produce notes on sections as you do them (even bullet points)

Write for yourselfManage your supervisor’s time: when to consult

and ask for adviceBuild in time for the final preparation & copyingKEEP BACKUPS IN DIFFERENT PLACES!!

Page 9: Key issues Faculty Website “English Legal Methods”

Keeping on trackHave 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?

Page 10: Key issues Faculty Website “English Legal Methods”

Mechanics of writingStart with the descriptive element (Part 2)

Overview of legislation, cases, scholarshipWhat 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?)

Page 11: Key issues Faculty Website “English Legal Methods”

Final product: structure1. Introduction:

1. Clear statement of the topic and why it is of interest2. Set out the hypothesis you seek to test/prove &

summary of main argument3. Clear statement of the structure of the discussion:

what can the reader expect next?

2. In longer work (thesis), then use of headings3. Clear explanation of issues discussed &

summaries4. Conclusion: a summary of key points and

possibly a prospective look at the implications

Page 12: Key issues Faculty Website “English Legal Methods”

Possible structuresRefute established opinion

Understanding already in the literature or case law

Evidence to the contraryNew understanding

Solving a problemStatement of ProblemPossible solutionsEvaluation of possible solutionsConclusion

Page 13: Key issues Faculty Website “English Legal Methods”

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.

Page 14: Key issues Faculty Website “English Legal Methods”

PlagiarismWhat 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.

Page 15: Key issues Faculty Website “English Legal Methods”

Criteria for judging successStructure

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

Page 16: Key issues Faculty Website “English Legal Methods”

Criteria 2Analysis

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