Law essay

Law essay

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WebFour tips on how to write a good law essay. An essay is a common type of assessment in a law degree. This resource offers tips and resources to help you plan and write law WebFeb 17,  · The example law essays below were written by students to help you with your own studies. If you are looking for help with your law essay then we offer a WebApr 21,  · As you start with law essay writing tasks, you will encounter a dozen of various essay types that will range from papers on legal theory to argumentations and WebThe law regarding how judges should direct the jury in self defence & provocation cases Example essay. Last modified: 3rd Aug This essay will also look at the law WebFirst-Year Law Students' Examination. Examination Questions; Essay Questions and Selected Answers; Study Aids Form; California Bar Examination. Examination ... read more

They act and react upon each other. The ideal of law is to project general welfare and to promote the moral perfection of the individual. The state must endeavour to make such laws that will heighten the moral standard of the people. So the laws of the state are rather the standard of morality of that time. In ancient India Dharma would stand for both law and morality. Thus law is not only the command of the sovereign but a code of moral conduct also. Without the moral support of the people a law cannot be enforced. So we find that law against the dowry has not been successful because a vast majority of the people in India does not morally support it. The total cost of such an attempt may well be greater than the total gain.

Law is concerned with the external human conduct and does not regulate with the inner motives. Law does not take notice of the inner motives of a man notice of the inner motives of a man notice of the inner motives of a man. There is a definite organ in every state for making law. The violator of law is punished by the state. Morality is concerned with both the inner motives and external actions of a man. So the scope of morality is wider than that of law. Every man has a different moral obligation. It varies from man to man, age to age and circumstances to circumstances. Morality is never made by any organ. There is no force to punish the breaker of morality. There is no element of compulsion in morality.

Essay 4. Nature of Law or Different Schools of Law: 1. Analytical School of Jurists: John Austin, Jean Bodin, Thomas Hobbes and Niccolo Machiavelli are the principal exponents of this school. Of them Austin ranks preeminent so much so that this school is very often referred to as the Austinian school of jurists. The analytical school believes that there are two axioms of law. First axiom is that law is the command of a determinate human superior to an inferior. The second point is that law is the essence of the state and it is obeyed because of the fear of punishment. The above two axioms of the analytical school when analysed develops on the following lines. First, law is a creation by a determinate sovereign political authority which may be a single person or a body of persons.

Secondly, the coercive power of the state is the sanction behind law. Law is obeyed by the people because breach of law is followed by punishment. This analytical school is subjected to scathing criticism. First, it is not correct that law is the creation of anybody. On the other hand, law is mostly the result of customs, conventions, equity and decisions in the courts of law. Customs which regulate the social order existed long before the state came into being. Even when the state came into being the legislature therein simply codified the customs and traditions.

It is common knowledge that no sovereign made these customs. Simply because the state has capacity to command, it does not follow from this that the sovereign political authority is the only source of law. What is true is that the sovereign commands those laws which are in accordance with the spirit of time backed by the public opinion. Law is the necessity of the state. Secondly, it is not correct that laws are obeyed because of fear of punishment. In actuality laws are obeyed because these are useful for the general welfare of the community. If law is obeyed out of fear, how do the people then disobey law?

Are the law-breakers not afraid of punishment? There is no logistic connection between these two aspects of the matter. The people obey the laws because laws are essential for the all-round development of the community. The people have a moral obligation to abide by the laws of the land. Sir Henry Maine and Savigny are the principal advocates of the historical school. This school thinks that law is self-created and self-executed. One should study law in the background of environments, religious influence, moral canons and economic forces prevalent at a particular time in a particular region. The function of the state is not to create law but to realise and enforce it.

No sovereign can throat upon the people a law which is unacceptable to them. This aspect of the matter has been lost sight of by the analytical school. Hugo Krabbe and Leon Duguit are the standard bearers of this school. Laws are obeyed not because these are commands of the sovereign or because disobedience is punished by force but because they spring from the necessities of social life. Sanction behind law is a psychological factor, not the brute force. The sociological school is a subjective approach as against the objective one. It totally ignores the coercive element. Essay 5. Sources of Law: There are various sources of law. Of them the most important are customs, religion, equity, judicial decisions, scientific discussion and legislation.

Custom is a very vital source of law. It is the customs, traditions and usages that played a great role in the primitive society. When a particular method is invented and put into practice it is imitated by others and it gets a large following. In this way, a custom comes into being. It is just like a path being made by constantly beating on the field by the walkers. In the primitive society these customs were in wide acceptance since these were conducive to the well-being of the people at large. These customs were a ceaseless flow from one generation to another. These were matured by the lapse of time and in the modern period these were codified.

The entire mass of common law of England is a good example of the customary law. In the past the social order was in the hands of the priest community and so religion constituted a very powerful source of law. In ancient India the Brahmins were the most dominant class. Similarly, the Pontiffs and the clergy held sway in ancient Rome and ancient England respectively. With the passing of time the religious injunctions deepened in the society. Thus the code of Manu, the Koran and the Bible became the guide of the Hindu law, the Muslim law and the Christian law respectively. The laws of marriage and succession were regulated by the religious codes.

In the course of deciding a case the judges lay certain new laws, because all new cases cannot be decided by the old laws alone. These new rulings are necessary to clarify the ambiguities. The common law of England is by and large a collection of judge-made laws. The judges also contribute in the law-making in a different way. When a judge finds it difficult to come to a decision with the help of the existing laws of the land, he decides the case on the basis of conscience which is called equity. The term equity is a unique feature of judicial law-making.

There is a separate court in England called the Court of Chancery. This is the highest organisation of the administration of equity. Distinguished legal luminaries who wrote commentaries on law contribute to the making of laws. Thus Sir Edward Coke, Sir William Blackstone and Halsbury are the eminent jurists who have influenced the laws of England. Their views are used by the lawyers in the course of their arguments and the judges also take judicial notice of them. In modern states the largest number of law- making takes place in the legislature. As a matter of fact, in the modern state the legislatures are absorbing all other sources of Law. The above list does not constitute the source of law.

As a matter of fact, the consensus or the common consent of the community is the only source of law. Thus customs, religion, legislature are not strictly speaking so many sources of law. These are sources of law only insofar as these are common consent of the community. These are rather so many channels of common consent. There are at the same time different stages in the development of law. In this conclusion we have just accepted the view of Francis Lawrence Oppenheim. Essay 6. International Law: As man cannot live in isolation of other men, a state also cannot live within its closed world.

A state has to keep contact with other states. If municipal laws are there to determine the relation of one citizen with other, the international law is there to regulate the relation between one state and others. It is but natural that there may arise conflicts and disputes between the states; and the scope of the international law is to sort out these differences. International law is the law between the states. It regulates their rights and duties. The English utilitarian Jeremy Bentham was the first to coin the term international law. They were not made in one stroke. They evolved bit by bit through tradition and conventions and got the recognition and acceptance by the states. It is a disputed matter as to whether international law can be called law in the real sense of the term.

To find an answer to it one is inclined to know the definition of law which John Austin called a command of a determinate human superior to an inferior. His followers called the analytical school are of the view that international law cannot be called law for the following reasons. If law is the command of the sovereign, apparently there is no sovereign to command the international law. It is common knowledge that law is obeyed for fear of punishment. This aspect of fear and punishing authority are conspicuous by their absence in international law. So if a slate violates the international law, there will be no punishment for it. Interpretation of law is an important must; otherwise wrong interpretation will lead to chaos and uncertainty.

This serious lacuna goes in the minus side of international law falling within the field of law. International law comes in conflict with the sovereignty of the state. A sovereign state has absolute authority internally and externally and does not recognise any outside authority or outside law. If the state has to shed its authority in view of the international law, the state will have to cut in its sovereign image. This will deny the sovereign status of the state-. But there is another school of writers who say that international law is really a law in the same sense in which municipal law is a law. The modern writers do not consider law made by a definite political authority. It is the fruit of the social needs of the community. An essay is a common type of assessment in a law degree.

This resource offers tips and resources to help you plan and write law essays. There are usually two types of law essays: the theoretical based essay and the problem-style essay. The theoretical based essay may ask you to critically discuss a new piece of legislation or a recent case in relation to existing laws or legal principles. You may also be asked to take a side in an argument or discuss the wider societal implications of a legal outcome. Problem-style essays require you to advise a party based on the analysis of a scenario or given problem. You will be required to identify the legal issues and apply relevant law. See more on legal problem-solving in this resource. This resource will focus on theoretical based law essays.

There are a number of strategies that may help you in starting, structuring and presenting a law essay. The first step to a successful law essay is understanding the question. One of the most effective ways of breaking down the question is to identify the direction, content, and scope or limiting words. Direction Words : Critically analyse. When reading a case, journal article, book chapter or online article, it can be hard to know exactly how to use the source in an essay. This is where taking good notes while reading critically is helpful. Take a look at our other resources to help you Read critically and Read difficult material. The next step is to take notes that help you understand different arguments and issues, or information and context, and refer back to your assignment question to keep you on track.

Writing a very short summary of each source is a great way to start. For example, for each journal article you read, try to summarise the author's main points in a few lines. This will help you to articulate the meaning in your own words. Then, expand on this summary with some key points. Be sure that when taking notes, you make a note of the source and the pinpoint reference or page number, so that you can correctly cite the source in your essay. See our resource Master the art of note-making and Brainstorming and mind mapping for more tips. It is important to use your research well. One way to do this is to plan the main points of your essay, and how you will use your primary and secondary resources such as journal articles, books, case law, legislation, websites to support one or more of those points.

A key element of successful law essays is the structure. A good structure will enable you to communicate your ideas fluently and efficiently. This is an important and highly valued skill not only in law school, but in practice as well. Usually, your essay requires an introduction, body paragraphs and a conclusion. Generally, you should have one idea per paragraph. This may mean shorter paragraphs than what you would ordinarily write in high school or other faculties. Concision is key in law. Therefore, we recommend a short paragraph which efficiently addresses an issue over a long and winding exploration of many different issues. Remember to use subheadings to provide structure to your writing. It is a good idea to come up with your subheadings before you start writing so that you have a structure to follow.

The subheadings should act as a series of subtopics which reflect the arguments needed to substantiate your thesis statement. Below we have an overview of the working components of good law essays. Examiners expect you to use all of these in your writing. NB: This is an illustrative example only. In order to do well, you must also present your essay so that it reflects academic standards. This includes correct citation practices, subheadings, Plain English, and grammar and spelling. Examiners highly value closely edited and proofed work. First-year students commonly rely too much on passive constructions and embellished language. Good lawyers write in clear and concise English that is easily understood.

View our latest updates. An essay is a common type of assessment in a law degree. This resource offers tips and resources to help you plan and write law essays. There are usually two types of law essays: the theoretical based essay and the problem-style essay. The theoretical based essay may ask you to critically discuss a new piece of legislation or a recent case in relation to existing laws or legal principles. You may also be asked to take a side in an argument or discuss the wider societal implications of a legal outcome. Problem-style essays require you to advise a party based on the analysis of a scenario or given problem.

You will be required to identify the legal issues and apply relevant law. See more on legal problem-solving in this resource. This resource will focus on theoretical based law essays. There are a number of strategies that may help you in starting, structuring and presenting a law essay. The first step to a successful law essay is understanding the question. One of the most effective ways of breaking down the question is to identify the direction, content, and scope or limiting words. Direction Words : Critically analyse. When reading a case, journal article, book chapter or online article, it can be hard to know exactly how to use the source in an essay. This is where taking good notes while reading critically is helpful. Take a look at our other resources to help you Read critically and Read difficult material.

The next step is to take notes that help you understand different arguments and issues, or information and context, and refer back to your assignment question to keep you on track. Writing a very short summary of each source is a great way to start. For example, for each journal article you read, try to summarise the author's main points in a few lines. This will help you to articulate the meaning in your own words. Then, expand on this summary with some key points. Be sure that when taking notes, you make a note of the source and the pinpoint reference or page number, so that you can correctly cite the source in your essay. See our resource Master the art of note-making and Brainstorming and mind mapping for more tips.

It is important to use your research well. One way to do this is to plan the main points of your essay, and how you will use your primary and secondary resources such as journal articles, books, case law, legislation, websites to support one or more of those points. A key element of successful law essays is the structure. A good structure will enable you to communicate your ideas fluently and efficiently. This is an important and highly valued skill not only in law school, but in practice as well. Usually, your essay requires an introduction, body paragraphs and a conclusion. Generally, you should have one idea per paragraph. This may mean shorter paragraphs than what you would ordinarily write in high school or other faculties.

Concision is key in law. Therefore, we recommend a short paragraph which efficiently addresses an issue over a long and winding exploration of many different issues. Remember to use subheadings to provide structure to your writing. It is a good idea to come up with your subheadings before you start writing so that you have a structure to follow. The subheadings should act as a series of subtopics which reflect the arguments needed to substantiate your thesis statement. Below we have an overview of the working components of good law essays. Examiners expect you to use all of these in your writing. NB: This is an illustrative example only. In order to do well, you must also present your essay so that it reflects academic standards. This includes correct citation practices, subheadings, Plain English, and grammar and spelling.

Examiners highly value closely edited and proofed work. First-year students commonly rely too much on passive constructions and embellished language. Good lawyers write in clear and concise English that is easily understood. Your essay must adhere to the AGLC4 rules , including appropriate pinpoint footnotes and bibliography. A comprehensive guide to AGLC4 is provided by the Library. Law essays use subheadings frequently, but judiciously. This may be different to what you are used to. Examiners do not want to see the full extent of your vocabulary. They prefer to see complex arguments rendered in simple language.

This, surprisingly, is not easy. We tend to think through writing. That is, our ideas come to us as we are writing. This leaves a lot of writing which is repetitive, vague, or contradictory as our ideas evolve. Use the editing worksheet to learn which words you can easily swap out to improve readability and strategies to avoid long-winded constructions. Do not leave your assignment to the last minute. Not only will this create undue stress, but you will not have adequate time to proofread your assignment. When we work intensively on a piece of writing, we need a period of time away, or distance, in order to re-read our work objectively. Give yourself days before the due date so you can print your text and edit it carefully to remove any typos or grammatical errors. Inger Mewburn, Shaun Lehmann, and Katherine Firth.

We want to hear from you! Let us know what you found most useful or share your suggestions for improving this resource. Home Courses Monash Online Library Donate. Previous menu Toggle navigation. Skip to content Skip to navigation. You are here: Home Write like a pro Annotated assessment samples Law Law: Legal essay Law: Legal essay. Four tips on how to write a good law essay An essay is a common type of assessment in a law degree. Starting your answer The first step to a successful law essay is understanding the question. For example, look at the following essay question:.

Planning your argument When reading a case, journal article, book chapter or online article, it can be hard to know exactly how to use the source in an essay. Understanding arguments Think about how you will use your resources. Show where these contrasting arguments fit into your discussion It may be helpful to ask: How does this source contribute to my argument? Structuring your answer A key element of successful law essays is the structure. Presenting your ideas In order to do well, you must also present your essay so that it reflects academic standards.

Correct Citation Subheadings Plain English Grammar and Spelling Your essay must adhere to the AGLC4 rules , including appropriate pinpoint footnotes and bibliography. Subheadings also help provide a structure. See the previous section for more advice. In accordance with AGLC 4, the first word of your heading must be capitalised. Services like Grammarly may help to pick up errors that are missed by Microsoft Word. Planning Writing a Law essay mind map Take a look at this useful mind map to see the steps involved and the questions you should ask yourself when writing a law essay. University of Western Australia Law School: Examples of legal writing Columbia Law School: Writing in plain English. Effective Legal Writing: A Practical Approach Corbett-Jarvis and Grigg.

How to write better law essays : tools and techniques for success in exams and assignments Steve Foster. How to write law essays and exams Stacie Strong. Legal Writing Lisa Webley. Level Up Your Essays: How to get better grades at university Inger Mewburn, Shaun Lehmann, and Katherine Firth. Your feedback matters We want to hear from you!

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WebFeb 17,  · The example law essays below were written by students to help you with your own studies. If you are looking for help with your law essay then we offer a WebApr 21,  · As you start with law essay writing tasks, you will encounter a dozen of various essay types that will range from papers on legal theory to argumentations and WebEssay on the Marxian View of Law Essay # 1. Essence and Definition of Law: In ordinary parlance law means the rules which guide human action. In every community there is a WebHow to write a law essay. When writing a law essay, bear in mind that most tutors will begin by grading you. Remember that if you are graded with a lower mark and that trend WebFeb 6,  · Alan Morrison, associate dean at George Washington University Law School, calls on Congress to enact mandatory three-judge court legislation for national WebFirst-Year Law Students' Examination. Examination Questions; Essay Questions and Selected Answers; Study Aids Form; California Bar Examination. Examination ... read more

Marx ignored this aspect of the matter of law. This resource will focus on theoretical based law essays. Then, expand on this summary with some key points. Besides, a good ending should contain a thesis of the whole law essay. This is especially true for essays on law: professors appreciate it when students reinforce their considerations with the opinion of leaders and experts in their field. This leaves a lot of writing which is repetitive, vague, or contradictory as our ideas evolve. A good structure will enable you to communicate your ideas fluently and efficiently.

In such a developing spree the municipal law will take a back seat and its place will be taken up by the international law. Examiners highly value law essay edited and proofed work. There are at the same time different stages in the development of law. Understanding arguments Think about how you will use your resources. Guides 23 October, law essay, 8 minutes read Author: Elizabeth Brown.