Scholarly Legal Writing
The education of lawyers must not merely involve the acquisition of knowledge and skills; it must include the cultivation of creative thinking and imagination, the appreciation of the commonality of the human condition, and development of a sense of judgment and responsibility. Hence, lawyering includes the ability to understand and critique existing and emerging visions of the profession in relation to interdisciplinary and multicultural perspectives, the implications of technology, and the consequences of economic globalization.#
As the preceding quotation suggests, legal scholarship has a major impact on the future of the profession. The future of any legal student must begin with a strong foundation of legal knowledge. A cornerstone of this foundation must be the practice and interpretation of scholarly legal writing.
Scholarly legal writing in itself can be a very complex, even scary term for law students to understand and apply. However, the way in which legal writing is applied may very well hold the key to whether or not the writing is understood and properly judged.
During the course of this paper, I will demonstrate and shed understanding on the effective writing process of scholarly legal writing a student will encounter in law school. I will show and explain the writing style as well as examine the different writing styles used. I will give an understanding of how scholarly/critical legal writing is relevant in the development and usage of other legal writing skills.
Finally, I will show an essay I created to demonstrate many of the scholarly legal writing skills and techniques this paper shows. I believe you will find the techniques and strategies in this paper to be inspirational, crucial and essential in creating effective scholarly legal writing. You will leave with the basic understanding of how scholarly legal writing can enhance your writings and yourself.
Perhaps the most difficult part of writing a legal paper is choosing a subject and developing a thesis. Allowing you to put your own educated take on the subject while supporting your analysis by argument and evidence.
Choosing a subject you feel comfortable with and show interest in will make your research more enjoyable-not long and dull. It will also enable you to now find a thesis.
Professor Richard Delgado suggests that you "find one new point, one new insight, one new way of looking at a piece of law, and organize your entire article around that. One insight from another discipline, one application of single logic to a problem where it has never been made before is all you need."#
Judicial opinions must be examined with a critical eye. You must analyze the way the writer looks at the law, as well as read for inconsistency and rhetoric. By doing so, your thesis will be, as it should be, an original and supportable proposition about the subject.
Once you have your thesis it is time to gather information...