How to Add Strong Legal Arguments to a Law Thesis
Learn how to build strong legal arguments for your research thesis with primary authorities, academic commentaries, and critical analysis.
Building a solid legal research thesis is using strong arguments. Legal research goes beyond just citing statutes, cases, and articles. A student must understand the law, assess all competing views, recognize the law’s insufficiencies or topics that are void of understanding, and articulate a defensible position grounded in substance.
Law thesis help offers step-by-step assistance with topic development, building arguments, evaluating sources, research methods, and drafting in a legal context. This manuscript offers a constructing a research thesis guide, especially for beginning researchers.
Begin with a Legal Problem
The foundation of every strong position argument is a clearly defined legal problem.
A general field, such as “constitutional law” or “criminal justice,” is too broad and provides little direction. A student must articulate a legal problem that exists in the field.
Examples of legal problems may include:
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Competing court decisions
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Unclear or poorly articulated statutes
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Gaps in the law
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Changes in the law
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New technologies
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Competing legal rights
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Discrepancies in the law across jurisdictions
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Legal reform and its efficacy
Once a legal problem has been articulated, a student can then begin to develop a proper research question.
Take a Defensible Stand
A thesis must include a central position.
The position does not need to take a definite side. Compelling legal arguments can bring opposing sides, determine the best interpretation, and support those decisions on the available evidence.
Instead of just asking whether a law works, a student may answer whether a given problem has been legally addressed and what areas could warrant the need for change.
Research both sides of the issue.
Legal research must include sources beyond those favorable to the student's conclusion.
Look for arguments and examine:
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different judicial opinions
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different academic opinions
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different legislative opinions
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policy opinions
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different legal systems
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arguments for and against changing the law
Taking opposing views into account strengthens the arguments made.
Use Primary Legal Authorities
Primary authorities are crucial in legal research.
These may include:
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Legal statutes
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Legal judgments
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Parts of the Constitution
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Rules
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Treaties
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Formal legal documents
Analysis should be done on the actual authorities rather than on summaries.
Use Academic Commentaries
While scholarly commentaries cannot be used in place of primary authorities, they do aid students in understanding different legal perspectives and different opinions on the same subject.
These may include:
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Law journals
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Books
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Research papers
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Legal commentaries
However, commentaries are only a supplement to the analysis.
Build arguments step by step.
A strong legal argument consists of the following:
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identification of the problem
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citation of the relevant rule or authority
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analysis
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refutation of the argument
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answer to the refutation
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conclusion
Next, describe the relevant law.
Then, relate the law to the problem.
Afterward, consider other perspectives.
Finally, inform your readers of your concluding evidence.
Evidence and Opinion
Legal writers must indicate legal authority in their arguments.
An example is that a certain court may have given an interpretation to a statute. The student then is able to determine if that is a reasonable interpretation.
Making this distinction strengthens each legal argument.
Analysis rather than Description
A weakness in many legal theses is an overabundance of description.
A student can go on for many pages telling what many different courts have decided and even what many different courts have not decided. It is fundamental to consider why such decisions, or the lack thereof, are important.
Analysis requires considering a court’s decision and then asking:
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Why did the court reach this decision?
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What are the pros and cons of this decision?
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Do other courts have similar decisions?
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What are the implications of this decision? Does this decision provide an adequate answer to the legal concern?
Counter other Perspectives
Mature legal writing acknowledges rational objections.
A student who argues that a statute should be amended is obligated to also argue against amending it.
A student who argues that the court’s interpretation is correct is also required to argue against this interpretation.
Addressing other perspectives reflects critical thinking.
Tag Your Evidence to your Argument
Every important section should answer your research question
If a paragraph does not help your argument or provides essential context or analyzes relevant evidence, it should not be in your thesis.
Conclusion
Your conclusion cannot contain a new argument.
The conclusion follows from your analysis.
Rather, summarize how the evidence corroborates the position, and where it is appropriate, explain the law, policy, or research implications.
Assignment Help for Law Students
Legal essays, case analyses, and presentations are some of the assignments law students use to complete their theses.
Legal research is one of the components of assignment help. Other assignment help components include structuring an argument and organizing sources.
Academic assistance should always be used properly and should reflect the student’s institution’s academic integrity policy.
Conclusion
Creating a strong legal argument is more than just assembling legal precedents. One must establish a legal issue, create a position, explore different perspectives, analyze and integrate primary and secondary sources, present counterarguments, and associate each significant point to the research concern.
At each stage of the process, professional law thesis helper can provide academic assistance. Responsible assignment help can also assist legal students with related research and coursework.
FAQs
What makes a legal thesis argument strong?
A strong argument is focused, defensible, logical, and responsive to all opposing opinions, as well as connected to the research concern.
Should I discuss opposing arguments?
Discussing opposing arguments is necessary. Doing so demonstrates a higher order of thinking.
Are cases sufficient for a legal thesis?
Not necessarily. At times, students are required to integrate legislation, academic writing, policy, and other relevant sources.
How can I avoid descriptive legal writing?
Most legal writing courses advise students to go beyond description. In these courses, students learn to move beyond description and analyze the reasoning of the analysis, the strengths and weaknesses of the arguments, and the implications of the position.
Can writing help strengthen my legal argument?
Invariably, writing services can assist in developing legal arguments. Writers can assist all legal professionals in legal research and the organization of arguments, analysis of cases, and legal drafting.
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