1. CHOOSING A TOPIC, IDENTIFYING LEGAL ISSUES, FORMULATING A THESIS STATEMENT and DEVELOPING A FRAMEWORK Fundamentals of Thesis Writing 1

2. T HESIS WRITING No formulaic approach to legal writing. There is no one “right” way to organize, analyze or write about any legal issue.

3. D EFINITION OF T HESIS a CLAIM STATEMENT, POSITION or PROPOSITION a DISSERTATION

4. T HESIS T OPIC Choosing a Topic One which you are really interested in or you really like One which has adequate and available materials Sources of Thesis Topics (Subject Area) Personal experience Reading giving rise to disagreements need for comparison need to elaborate Current issues – one where writer has a close/direct experience Discussions with law students, professors and practitioners Maintaining a journal/logbook to write spontaneous ideas that come up at class, work

5. T HESIS T OPIC Topics to Avoid Broad Too abstract Which you know little or nothing Scarcity of materials Topics to Choose Interested in Within the range of your mental abilities Objective Availability of materials Novelty Significance especially in the Philippines

6. T HESIS T OPIC Narrowing Down the Topic How do you know you have sufficiently narrowed down your topic? Consider what you can tell your reader in at least 50-60 pages Narrowing down an unfamiliar topic Narrowing down a familiar topic

7. L EGAL I SSUE Identifying a Legal Issue Determine applicable areas of law Brainstorming, word association, making use of law school subjects Identify the general legal issues Consulting secondary materials such as textbooks and reading about the law in general When reading laws, move from general to specific Formulate the specific legal issues by reading about the law in more detail. Articulate the issues as questions of fact and law.

8. L EGAL I SSUE Identifying a Legal Issue Reformulate the legal issues later in the research process as they become clearer. Legal issue vs. Policy Issue Legal question or a policy question? Gap in the law vs. gap in enforcement of the law? Legal discussion vs. policy discussion Current debate in the answer to the question or seemingly vague solution to the problem

9. T HESIS S TATEMENT Formulating a Thesis Statement A thesis statement is an original, supportable hypothesis or assertion about a topic. In short, it embodies your argument Targets a specific aspect of the law Articulates a problem Ideally, attempts to solve it For the writer, the thesis statement: Planning tool Focuses and clarifies the relationship between ideas Serves as a hook on which the writer can “hang“ the sub- theses Anticipates questions Provides unifying thread between pieces of information

10. T HESIS S TATEMENT Formulating a Thesis Statement For the reader, the thesis statement: Serves as a map Prepares the reader to read Keeps reader focused on the argument Helps reader spot main ideas Offers enough details for your reader to grasp your argument

11. T HESIS S TATEMENT From topic to thesis statement Decide on your main point of the paper – becomes your controlling idea Controlling idea – becomes the core of your argument To find out what your controlling idea is, examine and evaluate your evidence – this means you have to READ!!! Emerging patterns To initially develop your thesis statement: Read critically Question what you read Look for contradictions, oversights and mistakes in the text

12. T HESIS S TATEMENT Developing your thesis statement Begin with a purpose statement (later turn into a thesis statement) Ask specific questions (turn questions into assertions and give reason for your opinion) Summarize by writing a sentence

13. T HESIS S TATEMENT Developing your thesis statement Spend time “mulling” over your topic. Make a list of your ideas Group them Organization plan – working thesis will emerge Use a formula to arrive at a thesis statement Although most of the legal scholars of _____ have argued that ___________, closer examination shows that ___________. Try a devise such as “should… because” thesis formulation. Argue that a certain result should happen because of particular reasons.

14. T HESIS S TATEMENT Possible approaches for thesis statement Make an argument from a particular perspective, or identify and questions another writer’s argument type Arguments from precedent – assert that precedent is binding or should be extended adopted or overruled Interpretative arguments – examine the language of constitutions, statutes and regulations Identify and resolve inconsistencies, logical errors and omissions of previous scholars Identify and question jurisprudential approaches – examine the approach a judge takes in a decision and imagine the outcome in another perspective Fundamental rights, feminism, law and economics Probe the context of a decision, law or issue Try problem-solving Imagining oneself as a party and look at alternative arguments

15. T HESIS S TATEMENT Formulate your thesis statement before actually writing Develop your thesis statement early in your writing process to guide your research Adjust research or thesis statement as necessary Willing to reject some evidence or revise your thesis to match evidence and insight Do not settle for the first good thesis; investigate some alternatives As you develop your argument Test your thesis against known and hypothetical situations Modify thesis to further refine or strengthen your proposition

16. T HESIS S TATEMENT Important notes A good thesis statement is specific and verified; it avoids generalities and are not self-evident Write in white heat and revise in cold blood Context matters Think about your course materials, lectures and your previous readings and experience. Consider the implications of your thesis What effect would the rule you propose have on the way the world (or the Philippines) work? What effect would a contrary rule have? Is the intended effect achievable? Is the effect you seek to bring about worth the cost? What consequences besides the ones you intend are likely to result from the rule you espouse

17. FRAMEWORK A framework is a basic conceptual structure for classifying and organizing complex information to solve or address complex issues. Announce your main points in predictable places At the end of your introduction (thesis statement) At the beginning of each paragraph (topic sentences) The thesis statement and the topic sentence provide the framework of your paper.

18. T HESIS T ITLE Selecting a Title Your title should adequately reflect the content of your thesis. Avoid overly long titles Examples of good titles: Battling Gender Stereotyping: An Analysis of Labor Laws Concerning Women Adapting a Law which Defines Acts of Discrimination Against Women by Employers and Providing Penalty therefor: A Legal Analysis of its Effects and Applicability in Philippine Setting

19. THESIS OUTLINE Think critically about each item you jot down and weigh the content in relation to the requirements and importance of your paper. Make sure that any item included is strong enough that if left on its own, it can possibly create some forceful meaning. Try to be exact and concrete and do not claim more than you can provide evidence for. Do not place something in your outline that you know will be absent in your paper. Contents of your outline must blend well to form a map of a cohesive complete paper.