Planning and Strategizing Legal Essays: A Comprehensive Guide

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This academic essay provides a comprehensive guide on how to plan, strategize, research and construct legal essays. It emphasizes the importance of descriptive and prescriptive nature of essays and the need for correct presentation and documentation. The essay also highlights the significance of theoretical perspectives and primary sources of law in legal essays.

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Running head: LAW FOR SOCIAL WORK
LAW FOR SOCIAL WORK
Name of the Student:
Name of the University:
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1LAW FOR SOCIAL 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 demonstrate1. 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 precede2. 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 documentation3. The book “Legal Skills” by Emily Finch and Stefan
1 Kerwin, Cornelius M., and Scott R. Furlong. Rulemaking: How government agencies write law and make
policy. Cq Press, 2018.
2 Cochran Jr, Robert F. "Lawyers and Virtues: A Review Essay of Mary Ann Glendon's A Nation Under
Lawyers: How the Crisis in the Legal Profession is Transforming American Society and Anthony T. Kronman's The
Lost Lawyer: Failing Ideals of the Legal Profession." Notre Dame Law Review 71.4 (2014): 707.
3 Abbott, Andrew. The system of professions: An essay on the division of expert labor. University of Chicago
Press, 2014.
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2LAW FOR SOCIAL WORK
Fafinski explicitly demonstrate the nature, theme and focus of essays comprised in legal studies
exhibit a propensity to vary4. 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 law5. 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 developed6. 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
4 Finch E, and Fafinski S, Legal Skills Oxford university press 2007), in E-Book Library, accessed 3 august
2018.
5 Eastman, Charles M. Building product models: computer environments, supporting design and
construction. CRC press, 2018.
6 Wang, George C., and John S. Buckeridge. "Ethics for construction engineers and managers in a globalized
market." Engineering ethics for a globalized world. Springer, Cham, 2015. 143-164.
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3LAW FOR SOCIAL WORK
pay attention to any factual analysis of legal explanations7. 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 contentions8.
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 consumers9. 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 dimensions10.
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
7 Eastman, Charles M. Building product models: computer environments, supporting design and
construction. CRC press, 2018.
8 Finch E, and Fafinski S, Legal Skills Oxford university press 2007), in E-Book Library, accessed 3 august
2018.
9 Haigh, Rupert. Legal English. Routledge, 2018.
10 Giddens, Thomas. "Introduction." Graphic Justice. Routledge, 2015. 15-21.

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4LAW FOR SOCIAL WORK
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 approach11. 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 framework12. 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 perceptions13. 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
11 Cochran Jr, Robert F. "Lawyers and Virtues: A Review Essay of Mary Ann Glendon's A Nation Under
Lawyers: How the Crisis in the Legal Profession is Transforming American Society and Anthony T. Kronman's The
Lost Lawyer: Failing Ideals of the Legal Profession." Notre Dame Law Review 71.4 (2014): 707.
12 Franke, Katherine M. "Theorizing yes: An essay on feminism, law, and desire." Feminist and Queer Legal
Theory. Routledge, 2016. 43-58.
13 Eastman, Charles M. Building product models: computer environments, supporting design and
construction. CRC press, 2018.
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5LAW FOR SOCIAL WORK
regarded as only one existing among other forms of probabilities14. 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 intensification15. 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 actions16. 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.17
14 Finch E, and Fafinski S, Legal Skills Oxford university press 2007), in E-Book Library, accessed 3 august
2018.
15 Cochran Jr, Robert F. "Lawyers and Virtues: A Review Essay of Mary Ann Glendon's A Nation Under
Lawyers: How the Crisis in the Legal Profession is Transforming American Society and Anthony T. Kronman's The
Lost Lawyer: Failing Ideals of the Legal Profession." Notre Dame Law Review 71.4 (2014): 707.
16 Wang, George C., and John S. Buckeridge. "Ethics for construction engineers and managers in a globalized
market." Engineering ethics for a globalized world. Springer, Cham, 2015. 143-164.
17 Kerwin, Cornelius M., and Scott R. Furlong. Rulemaking: How government agencies write law and make
policy. Cq Press, 2018.
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6LAW FOR SOCIAL WORK
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 investigated18. 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 law19. 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 essay20.
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
18 Abbott, Andrew. The system of professions: An essay on the division of expert labor. University of Chicago
Press, 2014.
19 Wang, George C., and John S. Buckeridge. "Ethics for construction engineers and managers in a globalized
market." Engineering ethics for a globalized world. Springer, Cham, 2015. 143-164.
20 Scalia, Antonin. A matter of interpretation: Federal courts and the law: Federal courts and the law.
Princeton University Press, 2018.

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7LAW FOR SOCIAL WORK
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)21.” 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.
21 Eastman, Charles M. Building product models: computer environments, supporting design and
construction. CRC press, 2018.
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8LAW FOR SOCIAL WORK
References
Abbott, Andrew. The system of professions: An essay on the division of expert labor. University
of Chicago Press, 2014.
Bailey, Stephen. Academic writing: A handbook for international students. Routledge, 2014.
Cochran Jr, Robert F. "Lawyers and Virtues: A Review Essay of Mary Ann Glendon's A Nation
Under Lawyers: How the Crisis in the Legal Profession is Transforming American Society and
Anthony T. Kronman's The Lost Lawyer: Failing Ideals of the Legal Profession." Notre Dame
Law Review 71.4 (2014): 707.
Cochran Jr, Robert F. "Lawyers and Virtues: A Review Essay of Mary Ann Glendon's A Nation
Under Lawyers: How the Crisis in the Legal Profession is Transforming American Society and
Anthony T. Kronman's The Lost Lawyer: Failing Ideals of the Legal Profession." Notre Dame
Law Review 71.4 (2014): 707.
Eastman, Charles M. Building product models: computer environments, supporting design and
construction. CRC press, 2018.
Finch E, and Fafinski S, Legal Skills Oxford university press 2007), in E-Book Library, accessed
3 august 2018.
Franke, Katherine M. "Theorizing yes: An essay on feminism, law, and desire." Feminist and
Queer Legal Theory. Routledge, 2016. 43-58.
Giddens, Thomas. "Introduction." Graphic Justice. Routledge, 2015. 15-21.
Document Page
9LAW FOR SOCIAL WORK
Haigh, Rupert. Legal English. Routledge, 2018.
Kerwin, Cornelius M., and Scott R. Furlong. Rulemaking: How government agencies write law
and make policy. Cq Press, 2018.
Scalia, Antonin. A matter of interpretation: Federal courts and the law: Federal courts and the
law. Princeton University Press, 2018.
Wang, George C., and John S. Buckeridge. "Ethics for construction engineers and managers in a
globalized market." Engineering ethics for a globalized world. Springer, Cham, 2015. 143-164.
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