How to Write a Legal Methods Project*

Term I, 2020
Raag Yadava | Shreya Shree

What do we expect?

We expect your essays to be concise, closely argued and clear. The purpose of the essay
is to answer the question by engaging as deeply as possible with the argument in the text.
We will be looking out for four things: first, we want to see how closely you have read and
examined the text. We appreciate quality of engagement rather than scattered loose
references to numerous authors. Second, we want to know how deeply you have reflected
on its primary argument. The argument will, like a machine, have many parts, big and
small, that fit together to form a whole. We would like essays that can unpack that
argument with clarity and nuance. This comes from reading every word and sentence
closely. Third, we will look for materials you have uncovered on the topic which provide
arguments and perspectives different from those in the text. This reflects thoroughness
of research on your part. We don’t expect you to have an encyclopedic knowledge of the
subject-matter, but if you can consider one or two alternate arguments well, that will be
sufficient. Finally, we are keen to read your own reasoned opinion on the issue. Tell us
what you make of these arguments and why. Be careful that you don’t make the mistake
of wasting words on directionless, general descriptions of the problem. Cut to the chase.

How must you write essays in pairs?

You have been allocated research topics in pairs. There are a total 60 pairs and 10
research questions. Each student must write an individual essay. There are no group
essays. But you and your essay partner must (after discussion amongst each other) take
opposite sides of the issue, such that one agrees and the other disagrees, partially or
fully. Your essays must also contain replies to your essay partner’s objections to your
thesis. We realize that this may mean that you have to support a position you don’t fully
agree with. We will take that into account. What we expect is that you and your essay
partner will debate and discuss the topic with each other in detail, so as to push each
other’s thinking. Dialogue, discussion and reasoned disagreement is critical to the
practice of the law and this format will help you understand how it works in practice.

How are project consultations and defence going to take place?

Each research pair will have one consultation. This consultation will be in the form of a
tutorial. A tutorial is a system where students write a mini-essay on the research topic,
which will be read by us and discussed in detail. This mini-essay is not marked and need
not be a perfect draft – it will be a work in progress. In the tutorial, we will offer comments
and criticism on your argument and writing style. Tutorials will take place in groups of six
(i.e, three pairs), so that you can also read work written by your peers and participate in
the common discussion. If required and if time permits, you can request a second
consultation in a non-tutorial format.

Your project defense will also take place in groups of six. The purpose of the defence is
to see how well you have done on the lines we have identified above. We will also provide
constructive criticism. Try and use this opportunity to explore your essay further with us.
It is not an adversarial process. We will not mark on a bell curve.

How must you structure your essay

Your essay must have four parts: an introduction, a body, a conclusion and a
bibliography.

Introduction: The introduction must state your thesis. All essay questions require you to
take a position on the issue. Make your position clear right at the beginning – you are not
magicians, so let’s avoid pulling any intellectual rabbits out of the hat right at the end. You
have three options: you support or reject the thesis fully, or partially support some portions
and reject others. The introduction must also provide the reader a map of your essay –
we all like maps before we set out on journeys (especially given the pathetic state of
Bangalore traffic), so please be kind to the reader and tell them exactly where all you will
be taking them.
Body: The body of the paper must contain four parts. The first part must examine the text
in question and any other related material you have found during the course of your
research. The second part must contain reasons in support of your thesis. The third part
must contain objections to your thesis, derived from the text, other materials and your
essay partner’s work. The fourth part must reply to these objections.
Conclusion: You told us what you would do in the introduction, you then went ahead and
did it in the body. Now, make your concluding remarks – tell us that you did what you set
out to do and if there are any follow-up questions or ideas that one can explore.

What must you keep in mind while writing

First, avoid irrelevant information about the subject-matter or the text. It takes clarity and
discipline to stick to the point at hand.
Second, craft your essay with a chisel, not a hammer. Try and introduce as much nuance
in your argumentation as possible – aside from being boring, clunky, vague or diffuse
statements are a sign of incomprehension or worse still, laziness. Try your best to avoid
these.
Third, write clearly. The art of writing clearly is perfected, like most arts, with practice.
Professors are not mind readers (not yet anyway) – we only know what you have written,
so make sure we are able to follow the train of your thought. Good writing is an act of
empathy – explain your thesis to the reader step by step. We know the underlying
material, but we want to see how you explain it, and your argument, to us.
Fourth, have a clear thesis statement. Writing a research paper without an explicit thesis
statement is like driving a car without a steering wheel.
Fifth, good vocabulary is a gift, verbosity is not. Where a simple word does the job, use
it. Don't needlessly pile on the syllables. Legal writing depends, like all writing, on mastery
of language, but words are not a substitute for research, originality or nuance. Don’t hide
behind them.
Sixth, be faithful to what the authors argue. Accurate descriptions of arguments are
important. It also shows us that you have really understood what’s been written.
Seventh, we want to get into the details. Do not waste words on generic statements that
say nothing.
Eighth, we strongly encourage that you narrow down your research question. It will allow
you to say more in the 1000 words that you have and also show us that you have reflected
on the question itself. Narrowing down a research question means that you can focus on
a specific subset of the arguments (possibly just one) contained in the text. Research
questions can usually be answered in a variety of ways and you have the freedom to
decide which issues (again possibly just one) you will focus on. But if you do so, state so
clearly in the introduction. Be careful though that in the process of narrowing down the
research question, you don’t change it into something else altogether.
Ninth, discuss with your peers. You have been allocated topics in pairs, and common
topics, precisely so that you can debate, discuss and engage with your peers. We
encourage you to share research and resources. We encourage discussion and dialogue,
but we will come down very harshly on any trace of plagiarism. This especially includes
paraphrasing from your peers’ essays. A lively discussion leads to a plurality of opinions,
to an infinite variation of agreements and disagreements, and we expect each of you to
write an original piece of work at the end of that process.
Tenth, this is your first research project. We have high standards for you, but we are also
mindful that you have just stepped into the institution. Don’t be intimidated or scared and
don’t needlessly compare yourself with others. Write the best essay you can and with
time and practice, you are sure to improve. It all begins with the first step.

* We were inspired by Rachel Fraser’s “How to Write a Philosophy Essay”, January 31,
2019.