dlw3092 pp chapter 1

8/8/2019 DLW3092 PP Chapter 1

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Chapter 1Chapter 1

SOME PRELIMINARY SOME PRELIMINARY OBSERVATIONS ON LEGALOBSERVATIONS ON LEGAL

WRITING AND RESEARCH WRITING AND RESEARCH



Im portance of writing and research for legalIm portance of writing and research for legal

academicsacademics

On the Im portance of Writing PapersOn the Im portance of Writing Papers

¶When I assign papers, I do not assign them merely as busy work or¶When I assign papers, I do not assign them merely as busy work or

sim

ply as som

ething thatI

can have on which to base a grade. Theysim

ply as som

ething thatI

can have on which to base a grade. Theyare assigned because, done well, they will assist you in learning how toare assigned because, done well, they will assist you in learning how to present a coherent thesis in writing, acquire basic writing skills, present a coherent thesis in writing, acquire basic writing skills,develop careful reasoning and learn to apply appropriate data analysis.develop careful reasoning and learn to apply appropriate data analysis. When you postpone working on the paper or turn in a substandard When you postpone working on the paper or turn in a substandard piece of research, you will not only receive a poor grade, but, more piece of research, you will not only receive a poor grade, but, moreim portantly, you will have wasted an opportunity to acquire skills thatim portantly, you will have wasted an opportunity to acquire skills that

will be essential to whatever future career plans youm

ay have. Good will be essential to whatever future career plans youm

ay have. Good writing is essential to success in the kind of careers you will likely want writing is essential to success in the kind of careers you will likely wantto pursue·to pursue·



Experience gives much value to a writer's authority, but good research is an importantExperience gives much value to a writer's authority, but good research is an importanttool regardless for all kinds of writing.tool regardless for all kinds of writing.

In any writing, whether it be academic, professional, fiction or nonIn any writing, whether it be academic, professional, fiction or non--fiction, research isfiction, research isa valuable tool for good writing. Well done research helps a writer to write easier, toa valuable tool for good writing. Well done research helps a writer to write easier, to write more knowledgeably on the topic and to broaden the scope of his or her writing. write more knowledgeably on the topic and to broaden the scope of his or her writing.

A cademic Writing A cademic Writing Academic writing requires research to prove that the student understands the Academic writing requires research to prove that the student understands the

importance of proper research, to help the student learn how to research, and to giveimportance of proper research, to help the student learn how to research, and to givethe student good practice. Beyond that, it makes a student·s writing more informed.the student good practice. Beyond that, it makes a student·s writing more informed.

Proper research helps a history major, for example, better defend a thesis because itProper research helps a history major, for example, better defend a thesis because it will give the student a better grasp on the history in question. Research helps a science will give the student a better grasp on the history in question. Research helps a sciencemajor better prepare a hypothesis because it explores possibilities. Research certainly major better prepare a hypothesis because it explores possibilities. Research certainly helps an English major relate art to life. This research can be done best throughhelps an English major relate art to life. This research can be done best throughreading books and journals on the topic, whether they be print or online resources.reading books and journals on the topic, whether they be print or online resources.

http://freelancewriting.suite101.com/article.cfm/the_value_of_research_in_writing http://freelancewriting.suite101.com/article.cfm/the_value_of_research_in_writing



The practice and ethics in writing and The practice and ethics in writing and

researchresearch

Definition of ethics:Definition of ethics:

-- norms for conductnorms for conduct that distinguish betweenthat distinguish betweenacceptable and unacceptable behavior.acceptable and unacceptable behavior.

-- method, procedure, or perspectivemethod, procedure, or perspective for deciding for deciding how to act and for analyzing complex problems andhow to act and for analyzing complex problems and

issues.issues.(David B. Resnik, J.D., Ph.D (David B. Resnik, J.D., Ph.D - - http://www.niehs.nih.gov/research/resources/bioethics/whatis.cfm)http://www.niehs.nih.gov/research/resources/bioethics/whatis.cfm)



The im portance of ethics: The im portance of ethics:

-- Promote the aims of researchPromote the aims of research, such as knowledge, truth, and avoidance of , such as knowledge, truth, and avoidance of error. For example, prohibitions against fabricating, falsifying, orerror. For example, prohibitions against fabricating, falsifying, ormisrepresenting research data promote the truth and avoid error.misrepresenting research data promote the truth and avoid error.

-- Second, since research often involves a great deal of cooperation andSecond, since research often involves a great deal of cooperation and

coordination among many different people in different disciplines andcoordination among many different people in different disciplines andinstitutions, ethical standards promote theinstitutions, ethical standards promote the values that are essential to values that are essential tocollaborative work collaborative work , such as trust, accountability, mutual respect, and, such as trust, accountability, mutual respect, andfairness. For example, many ethical norms in research, such as guidelines forfairness. For example, many ethical norms in research, such as guidelines forauthorship, copyright and patenting policies, data sharing policies, andauthorship, copyright and patenting policies, data sharing policies, andconfidentiality rules in peer review, are designed to protect intellectualconfidentiality rules in peer review, are designed to protect intellectualproperty interests while encouraging collaboration. Most researchers want toproperty interests while encouraging collaboration. Most researchers want to

receive credit for their contributions and do not want to have their ideasreceive credit for their contributions and do not want to have their ideasstolen or disclosed prematurely.stolen or disclosed prematurely.



-- Third, many of the ethical norms help to ensure that researchers can be held Third, many of the ethical norms help to ensure that researchers can be heldaccountable to the publicaccountable to the public. For instance, federal policies on research. For instance, federal policies on research

misconduct, conflicts of interest, the human subjects protections, and animalmisconduct, conflicts of interest, the human subjects protections, and animalcare and use are necessary in order to make sure that researchers who arecare and use are necessary in order to make sure that researchers who arefunded by public money can be held accountable to the public.funded by public money can be held accountable to the public.

-- Fourth, ethical norms in research also help to buildFourth, ethical norms in research also help to build public support public support forforresearch. People more likely to fund research project if they can trust theresearch. People more likely to fund research project if they can trust the

quality and integrity of research.quality and integrity of research.

-- Finally, many of the norms of research promote a variety of other importantFinally, many of the norms of research promote a variety of other importantmoral and social valuesmoral and social values, such as social responsibility, human rights, animal, such as social responsibility, human rights, animal welfare, compliance with the law, and health and safety. Ethical lapses in welfare, compliance with the law, and health and safety. Ethical lapses inresearch can significantly harm human and animal subjects, students, and theresearch can significantly harm human and animal subjects, students, and thepublic. For example, a researcher who fabricates data in a clinical trial may public. For example, a researcher who fabricates data in a clinical trial may

harm or even kill patients, and a researcher who fails to abide by regulationsharm or even kill patients, and a researcher who fails to abide by regulationsand guidelines relating to radiation or biological safety may jeopardize hisand guidelines relating to radiation or biological safety may jeopardize hishealth and safety or the health and safety of staff and students.health and safety or the health and safety of staff and students.



R esearchR esearch

attempt to find out in a systematically and scientific manner;attempt to find out in a systematically and scientific manner;

systematic investigation to establish factssystematic investigation to establish facts

any gathering of data, information and facts for the advancementany gathering of data, information and facts for the advancement

of knowledge.of knowledge. a detailed study of a subject, especially in order to discover (new)a detailed study of a subject, especially in order to discover (new)

information or reach a (new) understanding.information or reach a (new) understanding.

a search for informationa search for information

ScientificmethodScientificmethod refers to a body of refers to a body of techniquestechniques forfor

investigating investigating phenomenaphenomena, acquiring new , acquiring new [1][1] knowledgeknowledge, or, orcorrecting and integrating previous knowledgecorrecting and integrating previous knowledge



Research is an ORGANIZED and SYSTEMATIC way of Research is an ORGANIZED and SYSTEMATIC way of FINDING ANSWERS to QUESTIONS.FINDING ANSWERS to QUESTIONS.

SYS TEM A TICSYS TEM A TIC because there is a definite set of procedures and steps whichbecause there is a definite set of procedures and steps whichyou will follow. There are certain things in the research process which areyou will follow. There are certain things in the research process which arealways done in order to get the most accurate results.always done in order to get the most accurate results.

OR G ANIZEDOR G ANIZED in that there is a structure or method in going about doing in that there is a structure or method in going about doing research. It is a planned procedure, not a spontaneous one. It is focused andresearch. It is a planned procedure, not a spontaneous one. It is focused andlimited to a specific scope.limited to a specific scope.

FINDING ANS WERSFINDING ANS WERS is the end of all research. Whether it is the answer tois the end of all research. Whether it is the answer toa hypothesis or even a simple question, research is successful when we finda hypothesis or even a simple question, research is successful when we findanswers. Sometimes the answer is no, but it is still an answer.answers. Sometimes the answer is no, but it is still an answer.

QUES TIONSQUES TIONS are central to research. If there is no question, then theare central to research. If there is no question, then theanswer is of no use. Research is focused on relevant, useful, and importantanswer is of no use. Research is focused on relevant, useful, and importantquestions. Without a question, research has no focus, drive, or purpose.questions. Without a question, research has no focus, drive, or purpose.

http://linguistics.byu.edu/faculty/henrichsenl/researchmethods/RM_1_01.html http://linguistics.byu.edu/faculty/henrichsenl/researchmethods/RM_1_01.html



Scholarly or scientific investigation or inquiry.Scholarly or scientific investigation or inquiry.

Close, careful study.Close, careful study.

careful, systematic, patient study andcareful, systematic, patient study and

investigation in some field of knowledge,investigation in some field of knowledge,

undertaken to discover or establish facts orundertaken to discover or establish facts orprinciples.principles.

The The process process of gathering of gathering informationinformation for thefor the

purpose of initiating, modifying or terminating apurpose of initiating, modifying or terminating aparticularparticular investmentinvestment oror groupgroup of investments.of investments.



R esearch ideaR esearch idea

You find a You find a research idearesearch idea when you find a gap in the when you find a gap in thecurrent knowledge or an unanswered question thatcurrent knowledge or an unanswered question thatinterests you.interests you.

The most important characteristic of a good research The most important characteristic of a good researchidea is thatidea is that

-- it isit is testabletestable..

-- your chances for success are increased when youryour chances for success are increased when your

view of nature approximates reality as closely as view of nature approximates reality as closely aspossible. When reality is approximated there is a goodpossible. When reality is approximated there is a goodlikelihood of successlikelihood of success..



Sources of ideas for researchSources of ideas for research

experience of experience of practical problems in the field practical problems in the field literature in your specific fieldliterature in your specific field



Nonsystematic SourcesNonsystematic Sources

Include those occurrences that give us the illusion that aInclude those occurrences that give us the illusion that aresearch idea has dropped out of the sky.research idea has dropped out of the sky.

InspirationInspiration -- Ideas that pop into one·s mind from (seemingly)Ideas that pop into one·s mind from (seemingly)

nowhere. Inspiration usually comes more easily after one hasnowhere. Inspiration usually comes more easily after one hasbeen working on a particular problem for some time.been working on a particular problem for some time.

Serendipity Serendipity -- Refers to those situations where we look for oneRefers to those situations where we look for onephenomenon but find anotherphenomenon but find another

Everyday OccurrencesEveryday Occurrences -- The people and/or situations one The people and/or situations one

encounters daily provide some of the best possibilities forencounters daily provide some of the best possibilities forresearch.research.



Sources of legal data and informationSources of legal data and information

Primary sourcesPrimary sources

Primary dataPrimary data-- information that is collected first hand by researchers.information that is collected first hand by researchers.-- data that are collected to help solve a problem or takedata that are collected to help solve a problem or take

advantage of an opportunity on which a decision is pending advantage of an opportunity on which a decision is pending

It can be collected by:It can be collected by:-- Surveys;Surveys;-- Interviews;Interviews;-- Focus groupsFocus groups;;

-- QuestionnairesQuestionnaires



A dvantages and Disadvantages A dvantages and Disadvantages

Primary DataPrimary Data Secondary DataSecondary Data

more accommodating as it showsmore accommodating as it showslatest information.latest information.

accumulated by the researcheraccumulated by the researcherparticularly to meet up the researchparticularly to meet up the researchobjective of the subsisting project.objective of the subsisting project.

completely tailorcompletely tailor--made and there ismade and there isno problem of adjustments.no problem of adjustments.

takes a lot of time and the unit costtakes a lot of time and the unit costof such data is relatively high.of such data is relatively high.

lacks aptness and therefore, it haslacks aptness and therefore, it hasunsatisfactory (information relates to aunsatisfactory (information relates to a

past period)past period) collected and analyzed by thecollected and analyzed by theorganization to convene theorganization to convene therequirements of various researchrequirements of various researchobjectivesobjectives

may not accommodate the exactmay not accommodate the exactneeds and particular requirements of needs and particular requirements of the current research study the current research study

available effortlessly, rapidly andavailable effortlessly, rapidly andinexpensively.inexpensively.



Preparing to writePreparing to write

choose an im portant subjectchoose an im portant subject -- believing in thebelieving in theimportance of your own work, and persuading importance of your own work, and persuading

others others that your work is important.that your work is important.

Be specificBe specific -- proposal must walk the fine line of proposal must walk the fine line of enough detail to show the reader that theenough detail to show the reader that the

candidate knows what they are talking about, butcandidate knows what they are talking about, butnot too much detail that it confuses or bores thenot too much detail that it confuses or bores thesearch committeesearch committee



K

eep it short and focus on them

ajor them

esK

eep it short and focus on them

ajor them

es --Superfluous details are not just unnecessary, they areSuperfluous details are not just unnecessary, they areoften the hallmark of a poor planoften the hallmark of a poor plan

Be serious about writingBe serious about writing -- If the proposal confusesIf the proposal confusesthe reader in almost any way, it is simply tossed out.the reader in almost any way, it is simply tossed out.

http://sciencecareers.sciencemag.org/career_development/previous http://sciencecareers.sciencemag.org/career_development/previous _issues/articles/1820/writing_a_research_plan/ _issues/articles/1820/writing_a_research_plan/



Organizing thoughtsOrganizing thoughts

make an outline of the key points you want tomake an outline of the key points you want toaddress.address.

keep your thinking in a diamond shape

so it starts off with a point, expands to the bulk of the matter,so it starts off with a point, expands to the bulk of the matter,and then comes down to aand then comes down to aclose.close.

expand your main point with your examples, arguments, andjustifications. Be

thorough so you can effectively persuade your listeners to yourthorough so you can effectively persuade your listeners to yourpoint of view point of view.

narrow your message down to a concise close where you actually narrow your message down to a concise close where you actually ask people to doask people to dosomething something



Writing process Writing process



Pre writing Pre writing

Drafting Drafting Revising Revising

Editing Editing

Evaluating Evaluating Publishing Publishing

Writing process Writing process



Essentials of good writingEssentials of good writing

Original thinkingOriginal thinking

General knowledge/educationGeneral knowledge/education

CommunicabilityCommunicability

A bility to put difficult concepts in clear A bility to put difficult concepts in clear

words words

Basic literacyBasic literacy

Persistence and diligencePersistence and diligence

Good teachersGood teachers



The general research com petencies The general research com petencies

For any particular clinical or research topic, three levels of leaning outcomes have been described. They are:

Be familiar with : At this level there is a basic understanding butlittle or no practical experience (I have read about it).

Have knowledge of : At this level there is a sound theoreticalknowledge but limited practical experience (I have read about itand understand it).

Be competent at: At this level there is sound theoretical knowledgeand understanding of the topic, together with sufficient practicalexperience to be able to complete/carry out the task concernedindependently and without assistance (I have read about it,understand it and can do it consistently to a satisfactory standard).



A research competency is a description of this

third level and specifies the knowledge and skillsrequired. It does not describe how they may be

acquired, although it is useful to provide thisinformation in a competency document.

However, it should be borne in mind that there

are usually many ways in which a specificcompetency can be acquired.

dlw3092 pp chapter 1

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