Planning, Research, And Construction Of An Essay: Stages And Structure

Describe the stages of 'planning, research and construction of an essay'.
The suggested essay structure.
1. Introduction
2. Main discussion body
3. Conclusion
Essential Reading: Chapter 13 of E and Fafinski S, Legal Skills (6th Edition OUP, Oxford 2016).

Specific Instruction:
Your essay must include a minimum of 7 relevant quotations, accurately referenced from 2 different sources that you actively engage with during the research process. These can be a mixture of textbooks, journal and website sources, and one of these can be from the Additional Reading i.e. Chapters 10 and 12 of Finch E and Fafinski S, Legal Skills (6th Edition OUP, Oxford 2016).
Being a law/legal essay, you must use OSCOLA Referencing Guidelines.
Essay will be subject to the plagiarism detection Turnitin, so it is vital that you correctly reference any parts of your assignment that are not your original work.

Academic essay writing is regarded to be persuasive. Any academician is expected to attain a position and further present an argumentative position to convince the reader with the views and ideas that have been presented. Posing disagreements with the position generally tends to go beyond simple and uncomprehensive descriptions and illustrations or the inclusive presentation of a range of facts and information which the writer aims to demonstrate. A well-established essay further means understanding the question and intrinsically engaging the readers with appealing discussion and debate and further utilizing evidence in critical manner. The magnificence of a well-comprehensive essay is to attain a significant position and assertively present the argument so long as it is reasonable, logical, highly practical and underpinned by appropriate as well as significant and relevant evidences. The approach through which essay question is worded can effectively provide certain clues and indications as to the way the writer should develop areas of legal competencies and techniques to precede. The purpose of this paper is to explicitly evaluate the way legal essay can be planned, strategized and effectively researched and constructed in order to present a well-comprehensive writing to the reader.

It is important to observe that the subject areas pertaining to legal studies necessitate essays to be organized and presented as a vital part of assessment. The nature and focus of essays tend to vary based on the type of source material required but there can be witnessed an universal aspect of all essays presented in legal studies in order to comprehend the need for correct presentation as well as documentation. The book “Legal Skills” by Emily Finch and Stefan Fafinski explicitly demonstrate the nature, theme and focus of essays comprised in legal studies exhibit a propensity to vary. For example, the need and demands for correct and accurate presentation and documentation signifies that all essays must be efficiently proof-read for spellings, terms, policies, legislature and usage of words in order to make its immensely comprehensive for individuals involved in the domain of law. It further represents that all essays reflecting areas of regulation, regulation; policies should efficiently utilize footnotes for the references which have been cited along with a bibliography of sources which have been consulted in order to prepare the essay.

At this juncture, the most interesting and engaging statements of the essay are observed to be the ones which tend to amalgamate the areas of descriptive as well as prescriptive areas that shares the knowledge with the readers related to the areas which were overlooked before whether the areas that the courts or legal systems have performed, the way a legal procedure transforms individuals’ behavioural patterns or reasons behind the development of any legislature or administration in a particular manner and further posing suggestions of the approaches which are required to be developed. The descriptive nature of the essay is recognized to be important as a significant proportion of people tend to be highly driven by facts represented by novels rather than by novel moral or other factors related to legal arguments. However, the prescriptive nature of the legal essay is regarded as critical as its primary aim is to respond to the inevitable and foreseeable questions of ‘so what?’ which several rational readers will ask whenever they pay attention to any factual analysis of legal explanations. Furthermore, the effective combination of prescriptive and descriptive nature of essay reveals a high level of tendency to yield a more comprehensive and interesting piece of work. Thus a writer in order to develop his or her claim and position intend to look for novel, imperceptible, constructive as well as descriptive contentions.

Conclusion

Thus for instance, it can be it stated that if any author is intending to write about freedom of speech and the aspects related to hostile public accommodation harassment law under which courts, judicial systems along with other administrative institution recognition causes destructions when certain proprietors engaged in public accommodations facilitate speech which tends to establish a fundamentally, culturally, conscientiously, religiously or sexually distressing environment for a certain segment of consumers.  Authors intending to utilize First Amendment precedents and the highly inclusive theoretical aspects of First Amendment in order to evaluate the intimidating public adjustments environment rules and directives and further provide insights of the reasons related to the factors of continuation, developments or abolishment associated to the prescriptive dimensions.  

Furthermore, understanding certain areas of dilemma and intricacies while preparing any legal essay is to effectively perceive the aspects of two hard cases which tend to develop in the  loss of life occurring in extensive unfortunate situations. However, it is important to observe that through the notion and understanding of an essay, it is possible to comprehend the ability and competence of the author related to the core principles and standards of the prescribed law and whether the author has successfully attained the position to proficiently use as well as apply these standards, values and principles of the specified law to address the specific subject area in a rational approach. However, for certain significant reasons, it is crucial to develop a suitable and expedient methodology while intending to compose any legal essay. A well-comprehensive essay aims to enable the generalization of an intricate area along with the explanation of complex or undefined perspectives. Scholars associated to law reveal high level of awareness and understanding of perceiving legal scholarship in relation to significant legal theoretical perspectives and notions in order to outline the evaluation and analysis within a comprehensive legal framework. It has further been noted that various diverse and contending theoretical aspects of law exist which tend to range from fields of law and economics through conceptual framework of socio-legal to feminist theory. However, regardless to such concepts of diversity what a major section of modern legal theorists tend to share is a highly fundamental assumption which perceiving about law does and must obtain a position from within a comprehensive theoretical perceptions. Though such an inquiry may be perceived as tautological but in reality it reveals certain contradictory understandings.  As a result, a more inclusive level of consideration is required to be given to aspects of ‘perspectivism’ identified as form of ideas and regarded as only one existing among other forms of probabilities. The comprehensive forms of theoretical outlooks reveal a propensity of being exceptional and further to effectively realize  the all-encompassing realm from a distinctive perspective and further to understand the concrete legal phenomena by fundamentally positioning the  ideas and thoughts within a generalized conceptual outline.

It has been recognized that while shedding light on theoretical understanding of law and economics, all legal theories is identified as regulation and further should be comprehensively understood, explained, analysed, explored, criticized and explained from the specific perspective. For example essay based on cost-effective analysis, internationalization, and externalization or aspects related to welfare intensification. In the same way, it has been noted that for legal formalists, all legal theories must be comprehended from a comprehensive legal point of view and further within a proposed range of legal theories and concept which tend to incorporate aspects of remedial as well as distributive integrity and justice along with both public and private realms as well as legal authorities and remedial actions. However, for a critical theoretical aspect, all comprehensive law is recognized to be power and right and thus can only be comprehended and analysed with the realms of authority, power and influence such as position, class, domination, religion, racial prejudice or other forms of collection of authoritative relations. 

Types of essays in legal studies

In the path of inflexibility or rigidity while preparing an essay, a vigilant selection of data is constructive whereby the information primarily lies in the foundations of legal theories. A legal query tends to sustain for a legal response which can essentially be acquired by utilizing the fundamental sources of law. It has been noted that while preparing for significant and pertinent data it is the established suitable law which requires to be essentially investigated.  Thus the ideas formulated by certain notable authors serve as secondary sources of law and as a result are identified as secondary means of research. However, several notions, understanding of authors tend to sustain as prejudiced and often reveal utmost incompetence of signifying positive and constructive law. Such authors further tend to possess a persuasive approach and thus should definitely be recognized and be evident after significant evaluation of the primary sources. Furthermore, out of the primary as well as secondary sources of law the theoretical aspects which are identified as most prominent to the area of subject must be fundamentally be preserved as they tend to comprise the functional as well as practical raw sources which must be corresponded to the proposed area of investigation in order to derive a generalized challenging question which further aim to aid the outline as well as construction of the essay.

However, while proceeding after having written the first title of the essay, it is essentially important for the author to provide relevant explanations focusing on why the essay comprises of more than one or two subtitles, such as the reason why ‘I’ is segmented into ‘A’ and ‘B’. An associated sentence must be taken into consideration here for such significant purposes. For example, “Compliance with laws is identified as rational from the legal perspective as laws tend t derive from the People’s own determination (A) and these laws further aim to sustain the social organization which is further in compliance with the People’s will (B).” In the above explanatory statement the part ‘A’ aims to enlighten the reason of legal compliance is rational and recognized as a matter of value and principle if the People’s determination is taken into consideration. Thus, legal essay must emphasize fundamentally on the importance of the given subtitle’s purpose with the vital purpose of compelling the mind and perceptions of the readers.

To conclude many believe that a conclusion is not a significant part of the essay. However in realism it tends to form an association of the current areas of concern and intricacies to the parallel ideas in order to reflect the interest and implication of the subject as well as complexities it signifies by efficiently completing the reasoning cycle of the ideas which were formulated during the initial phase of the essay.

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