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

THESIS WRITING

No formulaic approach to legal writing.

There is no one “right” way to organize, analyze or write about any legal issue.

DEFINITION OF THESIS

a CLAIMSTATEMENT, POSITION or PROPOSITION a DISSERTATION

THESIS TOPIC

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

THESIS TOPIC

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

THESIS TOPIC

Narrowing Down the TopicHow 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 topicNarrowing down a familiar topic

LEGAL ISSUE

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.

LEGAL ISSUE

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

THESIS STATEMENT

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

THESIS STATEMENT

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

THESIS STATEMENT

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

THESIS STATEMENT

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

THESIS STATEMENT

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.

THESIS STATEMENT

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

THESIS STATEMENT

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

THESIS STATEMENT 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

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.

THESIS TITLE

Selecting a TitleYour title should adequately reflect the

content of your thesis.Avoid overly long titlesExamples 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

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.

WRITING the PAPER – Taking Notes

1. Collect materials – law journals, newspaper clippings, studies

2. Write your preliminary bibliography

3. Take notes and organize ideas Organized notes helps one avoid PLAGIARISM Consider “authority” of writer Dates of publication are crucial

4. Summarize information in your own words, using subheadings

WRITING the PAPER – Making the Outline

1. Using your notes with subheadings, draw up a rough outline Using the rough outline, search for more

materials per sub-heading

2. Once original outline is substantial enough, write a specific outline (topic sentences!!!)

WRITING the PAPER – Writing the First Draft

2 approaches: Write the draft in one sitting – one continuous/

single session If draft is too long for a single session, write each

major section without interruption.

Effects: Continuity in your trend of thought Consistency in style

WRITING the PAPER – Writing the First Draft

The beginning and end of your paper are important Beginning rouses or fails the reader’s interest End strongly influences the reader’s final

impression of your paper Introduction and conclusion should match up

well.

Introduction – outline the different parts of your paper, explain your legal question and indicate what new contribution you intend to make.

WRITING the PAPER – Writing the First Draft

End or conclusion: Do not just summarize Do not throw you thesis into doubt by making a

major concession to an opposing view Do not introduce new ideas which can be a

subject of a new paper Do not use the final paragraph as a catch all to

include details that you forgot to include in the body.

The purpose of the conclusion is to strengthen your message and leave the reader with a feeling of completion.

WRITING the PAPER – Writing the Abstract

Parts of an Abstract Motivation – Why do we care about the problem

and the results? Thesis Statement – include problem and scope Approach Results Conclusion – What are the implications of your

answer?

Legal Writing

1. Have a point.2. Get to the point.3. Adopt a structure for your analysis that will

allow you to integrate the facts, court analysis, etc. into the body of your argument.

4. Break your analysis up into component parts and develop them separately, but in an organized way.

5. Adopt a measured tone. 6. Be concrete and simplify whenever possible.

WRITING the PAPER – Important Notes

Style – objective, impersonal, final

Organization Each section should be related to the main idea

Presentation of Arguments Let the reader know what you are certain of and

what you are uncertain of When sources disagree, present both sides and

give your own opinion with legal bases.

WRITING the PAPER – Important Notes

Sources Avoid patchwork of quotation and facts!!!

Plagiarism Not restricted to public material Paraphrasing without acknowledging Rule: All outside information must be

acknowledged.

WRITING the PAPER – Important Notes

Do not cite the internet Do not ever cite Wikipedia. Use knowledge

from Wikipedia for background, but never cite Wikipedia.

Do read internet blogs for currency, but not cite blogs for authority. If a blog entey introduces a new idea for research, cite the blog as a credit.

Do not cite what your lecturer said in his lecture as authority!

Work in groups and read and comment each other’s work. You are not competing with your classmates.

WRITING the PAPER – Important Notes

Lastly, enjoy the process of writing your paper!!!