Legal Research depends on knowing how to use your sources. Writing a credible law thesis involves knowing how to use primary and secondary sources.
Primary sources are typically the ‘original’ legal sources. Primary sources are the main legal documents. Secondary sources are the commentaries, analyses, and reviews of those documents. Students should be able to identify, assess, differentiate, and cite both primary and secondary sources. Law thesis help provides dedicated, structured guidance for students undertaking legal research, evaluating sources, legal citation, and legal thesis writing.
Primary Sources Defined
Primary legal sources are:
- Statutes
- Case law
- Provisions and articles of the Constitution
- Regulatory works
- Treaties
- Other legal instruments
The authoritative sources and categories will vary depending on the legal system in question.
Secondary Sources Defined
Secondary legal sources are:
- Articles in legal journals
- Legal textbooks
- Legal commentaries
- Scholarly legal books
- Law reform publications
- Research publications
Legal Frameworks
When embarking on legal research, students should be able to identify the necessary legal rules.
For instance, when undertaking a legal research project dealing with a particular statute, locate the relevant provisions of the statute and then find the cases which have interpreted the statute.
Scholarly legal commentaries can be used to identify the reasons for the legal controversy. Through scholarly legal research, students can find multiple legal interpretations, critiques, and recommendations for legal reforms.
Evaluate the Authority of Cases
When engaging with case law, one must consider the:
- Level of court
- Jurisdiction
- Date
- Legal issue
- Treatment thereafter
Depending on the system of law, a decision of a superior court may have a greater value of precedential authority than a decision of an inferior court.
Evaluate Academic Sources
When evaluating scholarly sources students must consider the:
- Expertise of the author
- Venue of publication
- Relevance of the source
- Sufficiency of the source
- Scholarly rigor of the source
A source must have a substantial and beneficial impact on the answer to the research question.
Integrate Sources
The best legal writing frequently integrates both primary and secondary sources. For example:
- Statutes
- Case Law
- Legal Scholarship
- Critical Commentary
This framework enables a student to articulate and evaluate the law.
Avoid Secondary Sources as a Substitute
When the original statute or case is both accessible and applicable, students should not depend on a textbook case summary. It is imperative to analyze the original source when possible.
Track All References
Keep a system of citations to simplify the process of compiling a bibliography.
Use Sources to Construct an Argument
Sources should substantiate the argument. Each authority should warrant an explanation in the context of the research question.
Assignment Help
Differentiating primary and secondary sources in legal assignments may be a challenge for students.
Use of assignment help in this context for academic source selection, legal case writing, case studies and legal research is acceptable if students abide by the policies on academic integrity.
Conclusion
Legal research relies on both primary and secondary sources. Primary sources form the foundation and secondary sources provide commentary.
Law Thesis Help offers multiple ways to provide focused academic assistance on legal writing elements. Responsible assignment help will assist students on related law tasks.
FAQs
What constitutes a primary legal source?
Primary legal sources are the original sources of law such as statutes, case law, the constitution, and administrative codes.
What constitutes a secondary legal source?
Secondary legal sources are materials that are law related and contain commentary or analysis of the law, such as books, articles, reviews, and critiques.
Which of the sources are more fundamental?
This is subjective to the research question posed, but primary legal sources are often critical to determine the existing law.
Is it necessary to reference secondary sources?
Absolutely. If a secondary source is used to present a viewpoint or argument, it must be cited.
Is assignment help applicable for legal source research?
Yes. Assignment help will provide guidance for the selection of sources and legal research as well as writing and analysis.