DEVELOPING AND WRITING A DISSERTATION OR THESIS
DEVELOPING AND WRITING A DISSERTATION OR THESIS
When writing an essay or dissertation it is like making an argument in court (a position I am sure most of you reading this article have imagined yourselves in). For example, in a criminal case, you will want to get across to the judge (or jury, if it’s a Crown Court trial) what your central point is (i.e. if the defendant should be found guilty or not guilty), and how you plan to convince them. You will pick which evidence to rely on, and make each point critically analysing and pertaining to the evidence succinctly and clearly. Imagine that those who read your essay are like jurors: they want to know what the essay argues and how the writer intends to make the point. The reader should be thinking whilst reading your essay, "This essay will try to persuade me to their side of the story. I am not sure yet if they will, but I'm curious."
Do not underestimate the power of a great introduction. It makes clear the main points of tension in the discussion (i.e. the controversy and debates at hand) your central argument (your stance on the relevant controversy) and why and how you will make that argument in light of the subject matter. Introduction is something we will explore in more detail later on, but keep this in mind when we discuss the importance of a solid essay is a good introduction.
In a number of cases, especially when writing a dissertation or writing your own article for publication, you may not have the luxury of having a perfectly tailored title that invokes discussion handed to you, most of the time you will not. You will have to find your own points of contention in the area of law that you will be writing about. Here are a few pointers:
A good essay/dissertation discussion has two parts: 1) What you plan to argue; and 2) How you plan to argue it.
This is true for every essay, but is especially true in longer research essays. It is likely you will have to make several arguments. Deal with these one at a time by composing an essay around each argument (i.e. dealing with each key point of contention), complete with an introduction, main body and a conclusion for each argument. There will be one larger introduction at the very beginning of your dissertation, and one general conclusion at the very end as well to tie everything together. Do not lose sleep over this yet, it will become clear once you have every argument tackled with its own essay.
Examine and analyse relevant case law, legislation, and academic commentary
By examining and analysing relevant to your area of study and interest. Keep an eye out for uncertainty in the law (this is usually a big one, especially in evolving areas of law), debates, conflicting judgements and interpretations of said judgements by academics, and/or complications in the law.
What are the deeper implications of these tensions in the law?
How does this play out into a bigger picture?
Is this an area of law under reform or in need of reform?
Finding the why to one or more of these questions can help you construct a workable thesis. You will inevitably come up with many observations about the law, but you will need a big fat ‘why’ in order to get the ball rolling into a workable argument. An observation without a why is just a statement. Yes, the Woolf reforms brought remarkable changes into Civil Litigation, but why? Were they successful? If so, why? Or if not, why not? It is through answering this ‘why’ that you will come across the beginnings of your key arguments.
Once you have a central argument or set of arguments, note them down.
Nothing is quite as annoying as having a fantastic concept or argument for a point of contention, and then forgetting about it when you lose focus, or when you have gone to write about something else. By writing down your arguments, you will be forced to think about it clearly, logically, and concisely. You will be able to see how it stacks up to your further research, and whether you still agree with your initial central argument, or if it needs to be altered to better fit the landscape of evidence and discussion you have now compiled. You will not be able to produce a final-draft version of your dissertation. The first step is to jot your argument down and get started by keeping notes on what you have.
Maintain a strong focus on your argument.
By doing this and how it relates to the main point(s) of contention, throughout your introduction. The conclusion of an introduction paragraph is a solid, indicative spot for stating your main argument, particularly in shorter essays. This is true of longer essays and dissertations, which as mentioned before should be made up of two or three shorter essays each with their main argument and points of contention, which are introduced and concluded in their own right, but form parts of the bigger picture of the dissertation. Readers are used to seeing central arguments at the tail end of your introductory paragraph, so they will pay special attention when they reach the last phrase of your introduction. Although it is not compulsory in all academic writings, it is a useful rule of thumb to follow.
Anticipate and address counterarguments.
Every argument has a counterargument. If yours does not, then it is simply a statement, not an argument. As mentioned before, an argument centres on a point (or points) of contention. Without contention to your statement, there is nothing to argue, and therefore nothing to write. Take this statement for example:
“Mediation cannot, and has not, displaced the courts’ position in the administration of justice.”
This statement is nearly a solid argument, however it needs more. It is too simple to counter-argue. For example, you can make the counter argument that because courts can impose sanctions for parties unreasonably refusing to consider and engage in mediation, and by virtue of the fact that many disputes are settled out of court, that mediation is just as essential to the administration of justice as the courts. By anticipating counter arguments when constructing your main argument, you’ll strengthen the argument and it will go further towards being a workable essay.
“Whilst the processes of alternate dispute resolution, such as mediation, has become more prominent and fundamental in the process of litigation in recent years, it cannot, and has not, displaced the courts’ central position in the administration of justice. Mediation remains a salient forum in the administration of justice, however it exists under “the shadow of the law.”1
1 Michael Bartlet, ‘Mediation Secrets "in the Shadow of the Law"’ (2015) CJQ 34(1) 112.
This is a much stronger central argument. It predicts the counter argument, and therefore opens up more possibilities on where the rest of the discussion can go. For example, how ADR has become more prominent in recent years, the mechanisms put in place by the law to enable this, why this is good or problematic, different areas of law where mediation may be more or less suitable etc. It also makes reference to another source, which strengthens the authority of the argument, and opens up discussion of the content of this journal article.
Some caveats
• When crafting your central question for an essay, avoid a topic or question that can be answered with a yes or a no. For example, “Is mediation useful?” will generate much less discussion than “To what extent is mediation is a useful tool in litigation processes?” Furthermore, a question that is overly descriptive should be avoided. For example, “Why are human rights a flawed concept?” is not an argument. It can generate a list of reasons why, but without a central tension or argument, there is no discussion to be had.
• Be as clear and specific as possible in your arguments. Avoid general of vague terms. For example, “The human rights act has failed in practice because its’ provisions do not achieve a consistent or workable balance between enshrining fundamental rights and respecting Parliamentary Sovereignty” is a much stronger argument than “The human rights act has failed because of judicial difficulties.”
• Avoid combative or confrontational terms. For example, “the human rights act is bad” is not only hard to argue and vague, but is likely to make you come across as dismissive and hostile rather than reasonable and comprehensive. This is less likely to make readers want to continue reading and reason with your arguments.
• A good essay or dissertation is more analytical than descriptive. The central question is not answered by a list, but is instead open to interpretation and discussion. For example, “Human rights are undermined by domestic law because they are too complex and vacuous to implement, they often conflict with state agenda, and are not inherent to the human person because they depend on integration into domestic law” is good at making clear where the discussion is going, but it lacks focus on a central tension. It feels too conclusive without sparking further interpretation, debate and questioning.
Write a dissertation proposal
This is a good exercise and I advise students to write one even where their university does not require them to. A dissertation proposal should include a thorough description of the research subject you want to investigate as well as the methods you intend to use for your main and secondary research. It should cover all of the reading you have done up to this point, as well as any conclusions you have reached via talks with your supervisor. It should also describe any anticipated constraints in your study, ethical issues, and the reasoning for your selection of a data sample, all of which will serve to protect you from criticism when your work is graded.
The following components will often be included in a dissertation proposal:
Introduction
The main body is made up of the following components:
• Methodology
• The research question or questions
• Why the study is important
• A survey of the literature (literature review)
• Limitations of research
• Ethical issues
• A timetable
Mini-conclusion
LAW DISSERTATION WRITING
Law essay writing is not a task that can be easily accomplished without prior preparation. It is an in-demand skill that takes time to develop. Legal writing involves a range of technicalities that require a level of expertise and understanding of legal principles. It involves mastering the art of legal research and argumentation as well as utilizing legal language, formatting, and citation styles. Good law essay writing requires a strong command of the English language, a logical thought process, and the ability to convey your point of view persuasively. Therefore, aspiring lawyers need to develop excellent law essay writing skills to succeed in their careers and make a positive impact in the legal world.
