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Published byAustin Ferguson Modified over 9 years ago
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Key issues Faculty Website “English Legal Methods”
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Summary The project Developing the topic Research design Making it workable The criteria for success
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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?
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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
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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
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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)
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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)
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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!!
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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?
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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?)
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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
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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
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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.
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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.
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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
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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
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