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Law: Critical thinking and writing

The library guide for Cambridge University's Squire Law Library.

Critical thinking and writing

Thinking critically means questioning what you have been told or read. Communicating that skill in an essay is harder to do, but is an essential academic skill, particularly for those studying law.

This part of the LibGuide points you to a variety of resources to allow you to develop this skill.

Top tips to get you thinking

Demonstrate that you do not automatically accept the work of others, state the flaws and aspects of others research (Browne and Keeley, 2012):

  • What is the argument about and what is being claimed?  
  • What are the reasons given to support the conclusion?  
  • Is the reasoning flawed in anyway?  
  • What kind of evidence is being presented (ie intuition, appeals to authority, observation, case studies, research studies, analogies etc) and how good is it?  
  • What other explanations might be plausible than that offered?  
  • Is the conclusion provided the most reasonable? Can you identify alternatives?  

Question basic concepts or doctrines. Use the paradigm as a standing point, but question the paradigm itself. Feel mischievous.

Find your own voice, get off the fence. But then remember in your conclusion to criticise your own thinking and argument.

Writing good theory takes a considerable time for reflection, allow time and space for that.

IALS podcast

This video (25 mins) from the Institute of Advanced Legal Studies is quite advanced as it is designed for PhD students but the advice may also be valuable and relevant at undergraduate and masters levels.

BBC video on critical thinking

This video (5 mins) is produced by the BBC and is a short accessible introduction to the idea of critical thinking

Struggling?

If you're struggling with an essay, try highlighting a draft version to see what is descriptive and what isn't. If there are too many sentences that report an idea or you list several events in chronological order, it is likely that the essay is too descriptive.

To make it more critical try using sentences similar to:

Smith's work on XXX is highly significant because  ...

However, this theory does not fully explain why ...

Selection bias is another potential concern because ...

All the previous methods suffer some serious drawbacks ...

 

When justifying something, the way we do it in law is different, we don't just reason, when possible, point to an earlier time it has been used, e.g. precedent in a case or a statute. Passion isn't enough  - you have to follow the facts.

Relevant books

Search on iDiscover for useful books in Cambridge libraries using the terms critical thinking. Some relevant books held at the Squire include:

ebooks on legal skills

The following are ebooks on legal skills generally:

Wolfson Academic Skills

Wolfson College have produced a series of guides on academic skills including tabs on Critical Reading and Evaluation

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