外教IntroLegalResearchPPT

Research process Procedure
- prepare proposal identifying your “thesis” i.e., principal proposition, prepare first draft of your work, revise draft following detailed examination of materials including critiquing court decisions and scholarly writings, inject original ideas, prepare final draft, scrutinize final draft before submission
Style Writing etiquette
- Latin expressions and maxims should be used where appropriate (a Latin maxim such as “res ipsa loquitor” is a definitive expression of a legal principle or position)
Sources of Law
- PML: Conventions, travaux preparatoires, private law instruments (e.g. York-Antwerp Rules), standard form contracts (e.g. LOF, charter parties, ship sale/purchase agreements), domestic legislation, parliamentary debates, case law, industry practices
Style Writing etiquette
- avoid use of first person
- use phraseology such as “the legal position is”, “it is submitted” or “it is proposed” or “this writer suggests” or “in the opinion of this writer” instead of “I propose” or “it is my view” etc.
Structure Body:
- statement and description of issues and problems - relevant factual elements - analysis of issues:
Structure Body:
(i) application of law to facts (e.g. a hypothetical case) (ii) critique of works and opinions of others (iii) case law analysis (iiii) own views - findings and conclusions relating to each issue
• Quantitative/Empirical/Statistical Methods (rare in legal research) - Surveys - Questionnaires
Choice of topic:
- Public International Law (PIL) - Regulatory Maritime Law (RML) - Private Maritime Law (PML)
- to acknowledge source of statement or information in the text - to expand on text with supplementary or peripheral information that is important but not germane to the main text (such footnotes are sometimes quite lengthy)
LEGAL WRITING
Structure Introduction:
- Introductory remarks (background, historical evolution) - clear statement of object and purpose of work - preview of readers expectations (summary of contents of work)
- non-binding effect of MOUs, etc., voluntary compliance (e.g. IMO member state audit scheme)
Research process Issues to consider
(c) identifying relevant material for (i) draft and final proposal, identify your “thesis” (proposition) (ii) dissertation or thesis
Style Argumentation, persuasiveness & critique
- address both or all sides of each issue/problem - pros and cons of your submissions and proposals - subjectivity vs. objectivity - advocacy and reasonableness, binding, nonbinding and persuasive effect of the law and your arguments/submissions/positions
Research process Issues to consider
(b) legal authority:
- binding or persuasive effect of sources of law including legislation, court decisions, international instruments, customary law
Research process Procedure
- photocopy or print out and highlight relevant material, write notes, compile extracts, jot down original thoughts and ideas, arguments and debatable points
legislation, other instruments (e.g. mandatory codes), law reports
Source materials (note following order of priority)
secondary:
- Case summaries and newsletters such as Lloyd’s Maritime Law Newsletter (LMLN) unpublished materials, dissertations, industry periodicals, written communications, lecture notes, oral interviews, public lectures, etc.
Sources of Law
- PIL: Customary Law, Conventions, other treaty instruments, travaux preparatoires, case law
Sources of Law
- RML: Conventions, other treaty instruments (e.g. Codes), para droit (e.g. IMO documents, agreements, accords, MOUs, guidelines, Resolutions), domestic legislation, parliamentary debates, travaux preparatoires
Source materials (note following order of priority)
primary: - maritime law text books, scholarly articles,
case digests, internet - specialized text books, conventions,
REFERENCES AND BIBLIOGRAPHY
Peculiarity of legal writings
- in-text referencing method not acceptable - only footnotes or end notes should be used
Purpose of footnotes/endnotes
Resder
(a) preliminary considerations: - jurisdiction in relation to topic (court and/or country) - legal system: civil law, common law or other
Style Writing etiquette
- use of metaphoric expressions encouraged but not acceptable in legislation - use of analogies are highly desirable to make or emphasize a point
Style Writing etiquette
- writing must be non-defamatory, nonarbitrary and free from plagiarism
- aggressiveness in writing should be avoided; even strong objections to judgments or works of other authors should be expressed with due regard to academic and professional etiquette
Structure Conclusion:
- summary of findings - recommendations - concluding remarks
Style Articulation
- textual clarity and precision - clear and concise statement of facts, issues and views - logical flow of thoughts and ideas - sound conclusions
Methods and Approaches
• Theoretical/ Normative/Philosophical Methods (predominant in legal research) - Legal, Dogmatic, Black Letter Law Method - Comparative Law Approach - Historical Approach