assault battery
Lexis+, CCH, AustLII, Jade, InfoRMIT, HeinOnline, LawOne
Westlaw
*
!
legislat
legislat
CCH, AustLII, Jade, InfoRMIT, HeinOnline, LawOne
Lexis+, Westlaw
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*
wom n
wom n
Lexis+, CCH, AustLII, Jade, InfoRMIT, HeinOnline, LawOne
Westlaw
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w/n
Proximity - Searches for the first term within a nominated number of words from the second term
Use 5 for same phrase; 15-30 for same sentence; 50 for same paragraph
construction contract
construction contract
Lexis+, Westlaw, LawOne
CCH, AustLII, Jade
Proximity - Searches for the terms inside the double quote marks within a nominated number of words
Use 5 for same phrase; 15-30 for same sentence; 50 for same paragraph
Southern Cross University acknowledges and pays respect to the ancestors, Elders and descendants of the Lands upon which we meet and study. We are mindful that within and without the buildings, these Lands always were and always will be Aboriginal Land.
This example shows how a literature review from a PhD thesis can be analysed for its structure, purpose and content.
Three sections of the thesis are analysed to show the:
Co-witnesses and the effects of discussion on eyewitness memory by Helen M Paterson
This introductory section is less than two pages long.
The first paragraph:
The other paragraphs describe the content and purpose of each section of the thesis.
The literature review is made of up of two chapters.
The overall goals of this chapter are to firstly establish the significance of the general field of study, and then identify a place where a new contribution could be made.
The bulk of the chapter critically evaluates the methodologies used in this field to identify the appropriate approach for investigating the research questions.
Purpose | Example |
Establish research territory | “Approximately 77,000 individuals are arrested in the United States each year based primarily on eyewitness testimony (ref.). … the pivotal role that eyewitness testimony plays in some trials, whether or not the jury’s faith in this testimony is warranted.” |
Establish significance of research territory | “One study has shown that eyewitness errors are the most common cause of false convictions (ref.). Almost all innocent individuals exonerated by DNA evidence had been convicted primarily as a result of erroneous eyewitness evidence (ref.) , a great deal of research has focussed on the unreliability of eyewitness testimony (refs.).” |
Establish research niche – discusses what has been found then identifies a gap and points out the inconsistency of results | “The current thesis examines the third way that postevent misinformation may be encountered: through other witnesses. , as the majority of the literature on eyewitness testimony has focussed on the effect of questions and media reports containing misleading information.” |
Motivate the next part of literature review | “Yarmey and Morris (1998) suggest that, ‘The capricious results among these investigations are probably due to methodological differences and variability in subject matter’ (p. 1638). co-witness information on eyewitness reports, , in detail, the different methodologies that have been used to investigate this topic.” |
Further justify the need to investigate the impact of social influences on memory | “ , researchers in memory have aimed to keep procedures free from contamination, such as other people’s memories (ref.). , such a narrow focus may not fully explain how people remember (ref.). Because such ‘contamination’ is common to memory, understanding its effects enables greater knowledge of memory itself (ref.). … , instead of intentionally avoiding the social aspects of memory, they should be explored in their own right.” |
Review the chronological development of research in this area (a chronological approach may not always be appropriate) Discuss one key paper at a time and for each paper: | “ the above studies provide valuable information regarding the social aspects of memory, exercised before applying these results to the judicial area. the results obtained from studies using stories and word lists as stimuli can be generalised to forensic contexts.” … “That is, the differences found between individuals and groups could simply be due to the participants giving their reports for a second time …” … “ on collaborative memory is that the memory of groups is compared with that of individuals. … group performance should not be compared with individual performance but rather with ‘nominal groups’ comprised of pooled, non-redundant data from the same number of people tested individually.” |
Overall conclusion or summary that states why a particular methodological approach has been chosen | “… Most research involving the Experimentally Induced Information methodology seeks to identify the influence of misinformation presented by one witness to another, and therefore the assumption is made that discussion between witnesses is a detrimental process. to also investigate the effects of co-witness information using Natural Discussion Groups . , few studies have used this methodology, and those that have, have yielded mixed findings. , future investigation using the Natural Discussion Group methodology would be helpful to better understand the effects of discussion on memory.” |
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Establish a reason for this chapter and state the purpose | “While the misinformation effect is a well-established phenomenon, ‘what remains in dispute is the nature of a satisfactory theoretical explanation’ (ref.). … Therefore, memory conformity occurs, we must draw from both cognitive research on memory and social research on conformity. In this section, relevant cognitive and social theories are discussed (1) explain the occurrence of memory conformity and (2) describe factors that influence memory conformity.” |
Introduction/overview of the structure of the review | “Four distinct explanations have been offered for the memory conformity effect: (1) … The empirical evidence relevant to each of these explanations is reviewed in this section.” |
Discuss each of the four explanations using the following structure: | “ normative social influence the conformity that occurs in …, memory conformity that may occur when people give individual statements following discussion in the absence of their co-witness. ( )” |
Compare explanations and draw synthesised conclusions | “The suggestion that memory conformity is a result of biased guessing the informational influence explanation because in both instances … , the feature between the two explanations is that …” … “Whilst biased guessing account for the misinformation effect that occurs in some instances (refs.), research suggests that it is not the only reason for the occurrence of the misinformation effect. ( ) … the misinformation effect may be due memory impairment, rather than just biased guessing.” |
“Informational influence, biased guessing, and modification of memory may help to explain why memory conformity occurs when participants are tested individually, . … these alternative explanations which best explains memory conformity in individual recall following co-witness discussion. ( )” | |
Discuss methodological issues in achieving aim | “One way to determine whether memory conformity occurs because of biased guessing is to …” “Experiments described in this thesis (Studies 5-7) include a warning for some participants about possible misinformation whether participants report misinformation because of informational influence or memory change.” |
Introduce another question of interest and review what has been found so far | “ it has been shown that in some circumstances many people tend to conform to the opinions of others, that some people are able to resist conforming in some situations. For example, … This section of the literature review examines factors influencing whether or not a person is likely to conform that are (1) in the situation, and (2) within the individual.” |
Clarify the relevance to the thesis | “Although the experiments described in this thesis do not attempt to manipulate and test the factors that influence conformity, the results obtained and of the findings.” |
This chapter has the following structure:
The introduction introduces the particular study to be reported on, and includes a three-and-a-half page literature review.
The literature review in this chapter:
Our advisers can help undergraduate and postgraduate students in all programs clarify ideas from workshops, help you develop skills and give feedback on assignments.
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Legal encyclopedias, law review articles, american law reports, restatement drafts, getting help, introduction.
Secondary sources are a great place to begin your research . Although the primary sources of law--case law, statutes, and regulations--establish the law on a given topic, it is often difficult to quickly locate answers in them. Secondary sources often explain legal principles more thoroughly than a single case or statute, so using them can help you save time . Secondary sources also help you avoid unnecessary research, since you're tapping into work that someone else has already done on an issue.
Secondary sources include:
Secondary sources are particularly useful for:
This guide provides a basic overview of each source, including their strengths and why you might use them, as well as tips on finding, using, and citing them.
This guide is based on material written by Deanna Barmakian.
This guide is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License .
You may reproduce any part of it for noncommercial purposes as long as credit is included and it is shared in the same manner.
Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions to legal topics and explaining relevant terms of art.They also provide citations to relevant primary law and sometimes give citations to relevant major law review articles.
There are two main legal encyclopedias in the United States that are national in scope. They are useful, but not well-suited for jurisdiction specific research.
State legal encyclopedias provide background and explanations of state legal topics. Not every state has a legal encyclopedia. Depth of coverage and quality vary. State encyclopedia articles are updated irregularly.
Electronic versions of the encyclopedias are updated directly. If using a print encyclopedia, always remember to check the pocket parts for any updates.
Legal encyclopedias are listed alphabetically by state. Electronic versions are included only if they are comprehensive in scope.
For a few states, Westlaw offers a practice series that contains selective coverage of state law, usually covering a few major topics and information useful to litigators. To find them, browse the Westlaw directory by U.S. State Materials > Other U.S. States > State name > Forms, Treatises, CLEs, and Other Practice Materials, then browse the page for "practice series."
See Bluebook B8.15 and Rule 15.8.
Quick example:
17 AM. JUR. 2d Contracts § 74 (1964).
Treatises , not to be confused with treaties , are book-length expositions on the law as it pertains to a particular subject. Treatises may be scholarly in nature, such as Blackstone’s Commentaries on the Law , or they may be geared toward a legal practitioner, such as a manual or handbook.
A legal treatise may be a short, single volume or a large, multivolume set. Many are available electronically as well as in print. Different kinds of treatises have different purposes:
Legal hornbooks are designed as teaching tools for law students. Hornbooks provide more detailed treatments of particular areas of law than an encyclopedia or ALR entry. They generally contain summaries of landmark cases and other useful details.
Nutshells provide an overview of a legal topic without the detailed analysis or extensive case referencing found in other treatises.
Some treatises are designed to serve as practitioners’ tools. These works tend to address realistic legal problems and often provide useful features for practicing lawyers, such as forms and tables.
Looseleaf services are an example of treatises designed to serve as tools for practitioners. Such works address realistic legal problems and often provide useful features for practicing lawyers, such as forms and tables. Looseleaf services are frequently supplemented treatises--hence the looseleaf binder format that enables single pages to be easily updated without republishing the entire volume--that often contain primary legal sources and finding aids in addition to secondary analytical material, making them an invaluable resource if one exists for your topic.
Still other treatises are designed to serve as self-help publications for the public, such as those published by Nolo Press .
There are several ways to locate legal treatises:
The Legal Information Buyer's Guide and Reference Manual by Ken Svengalis Legal Information: How to Find It, How to Use It by Kent C. Olson (note: this guide does not include single volume works) Legal Looseleafs in Print by Arlene Eis
Using legal treatises is like using any non-law book with a few special advisories.
First, as with any book, use the table of contents and the index to quickly locate relevant sections .
Second, remember that for a publication to provide reliable coverage of contemporary issues, it must be updated regularly and accurately to reflect any changes in the law . Updating may happen through the addition of pocket parts (which are usually tucked in a pocket in the back cover of a volume), by updated pages in a looseleaf, or periodic republication or an entire volume. Researchers should always make sure they are working with the most current edition of the treatise and be sure to consult pocket parts.
Third, while many treatises are still only available in print, more treatises are becoming available online . For example, major treatises on insurance law are available in both Lexis and Westlaw. Electronic versions of treatises allow for full text searching, which can be valuable for research. For more focused search results, consider narrowing your search to relevant sections, if possible. In many cases, you can still access the tables of contents and indexes to help locate chapters or sections of interest.
Remember that you can (and should!) check to see how current the electronic text is by clicking the I link next to the title of the treatise to see how regularly it is updated and when the last update took place.
See Bluebook Rule 15.
RICHARD H. FALLON, JR. ET AL., HART AND WECHSLER'S THE FEDERAL COURTS AND THE FEDERAL SYSTEM 330 (5th ed. 2003).
Law review or journal articles are another great secondary source for legal research, valuable for the depth in which they analyze and critique legal topics, as well as their extensive references to other sources, including primary sources.
Law reviews are scholarly publications, usually edited by law students in conjunction with faculty members. They contain both lengthy articles and shorter essays by professors and lawyers, as well as comments, notes, or developments in the law written by students. Law review articles often focus on new or emerging areas of law and they can offer more critical commentary than a legal encyclopedia or ALR entry .
Some law reviews are dedicated to a particular topic, such as gender and the law or environmental law, and will include in their contents the proceedings of a wide range of panels and symposia on timely legal issues.
These resources all provide comprehensive coverage of United States law reviews, and allow you to search the full text of the articles that they index.
These resources only index articles, usually by author, title, keywords, and subject; you will have to find the full text separately. However, they provide additional ways of searching, including taking advantage of subject indexing by expert librarians, and they enable finding material that may not be found in full text databases. In most cases, there will be a link to find the article you desire at Harvard. If we do not own the journal in question, you may request the article via interlibrary loan .
Working papers are an additional source of secondary analysis. They are frequently draft or pre-publication versions of law review articles, though you will also find published versions of articles in these databases. When citing or relying on a draft paper, be sure to carefully check its citations and request the author's permission before citing.
See Bluebook Rule 16.
Quick example: Paul Butler et. al., Race, Law and Justice: The Rehnquist Court and the American Dilemma, 45 Am. U. L. REV. 567, 569 (1996).
American Law Reports (frequently abbreviated and referred to as ALR) contains in-depth articles on narrow topics of the law. ALR articles, called annotations, provide background, analysis, and citations to relevant cases, statutes, law review articles, and other annotations .
ALR is published in series:
ALR annotations are not jurisdiction specific. Each annotation contains a Table of Jurisdictions to help you find relevant cases within specific states. In the federal series, the Table of Jurisdictions directs you to cases by circuit.
All ALR series continue to be updated, though not on a regular schedule. When using the set in print, always check the pocket parts for updates. ALR is also available in both Lexis and Westlaw, and the electronic versions incorporate updates into the text. ALR annotations can also be completely superceded by more recent annotations. Electronic versions will provide referrals to the superceding annotations, but in print, you should check the History Table at the end of the ALR Index to verify that your annotation has not been superceded.
Find relevant annotations by using the print indices or searching the ALR databases in Lexis or Westlaw. When using ALR electronically, it is most efficient to look for your terms in the titles of the annotations, since their titles are specific, and reflect their contents.
See Bluebook Rule 16.6.6
William B. Johnson, Annotation, Use of Plea Bargain or Grant of Immunity as Improper Vouching for Credibility of Witness in Federal Cases, 76 A.L.R. FED. 409 (1986).
Restatements are highly regarded distillations of common law . They are prepared by the American Law Institute (ALI), a prestigious organization comprising judges, professors, and lawyers. The ALI's aim is to distill the "black letter law" from cases to indicate trends in common law, and occasionally to recommend what a rule of law should be. In essence, they restate existing common law into a series of principles or rules.
Restatements cover broad topics, such as Contracts or Property. They are organized into chapters, titles, and sections. Sections contain a concisely stated rule of law, comments to clarify the rule, hypothetical examples, explanation of purpose, as well as exceptions to the rule.
Restatements are not primary law. Due to the prestige of the ALI and its painstaking drafting process, however, they are considered persuasive authority by many courts. The most heavily cited Restatements are the Restatement of Torts and the Restatement of Contracts.
The ALI web site contains information regarding Restatement projects, ALI membership, history and institutional processes.
Annotations of cases citing a Restatement section can be found in the Appendix volumes the Restatements in print. There may be one or many Appendix volumes. They are organized by Restatement series, (i.e. citations to the first Restatement, then second, etc.), then by section number. Appendices are not cumulative. The spines indicate sections and years covered. They are updated with pocket parts, cumulative annual supplements, and semiannual pamphlets called Interim Case Citations. The same case annotations are available when using the Restatements on LexisNexis or Westlaw.
You can Shepardize a Restatement section on LexisNexis using the following formats. Note that Bluebook citation format for Restatements, or permutations thereof, will not work.
You can also KeyCite a Restatement section on Westlaw using the following formats. Note that KeyCite finds significantly more citing material than Shepard's for Restatements. (See the KeyCite Publications List for additional help with citation format.)
Listed below are print editions of the Restatements and their locations in the library. Restatements are also available on both Lexis and Westlaw:
Restatements on LexisNexis Rules (along with comments, illustrations, and notes) are searchable in separate sources from case citations. This makes searching for relevant rules very efficient on LexisNexis. Case citations are linked from individual rules. Browse tables of contents or search by keyword. Restatement drafts are in separate sources from final versions of Restatements. The first series of Restatements is not available on LexisNexis.
Retreiving Restatement sections using Get a Document is not intuitive. Search for restatement in the Get a Document Citation Formats list to determine the proper format.
Restatements on Westlaw All series of Restatements are available on Westlaw. Browse tables of contents or search by keyword. Searching the Restatements on Westlaw can be problematic, because multiple series as well as selected drafts are combined into one database along with case citations to all of them, e.g. Torts first, second, and the topic-specialized Torts third series along with citations to all series are in one database. This can make keyword searching inefficient unless you use a fielded search or use the Table of Contents mode to search within a particular Restatement. Examine your search results carefully to ensure you are looking at the current version of a rule. If a rule has been superceded, there will be note above the rule text indicating this.
Retrieving Restatement sections using Find is somewhat intuitive. The format mimics the database ID. See the listed format for KeyCite below; they will also work for Find. For a complete list of Restatement retrieval formats, search the Find Publications List for restatement.
For more information about the drafting process, see the Restatements Drafts sub-tab.
See Bluebook Rule 12.8.5
RESTATEMENT (THIRD) OF PROP.: DONATIVE TRANSFERS § 2 (2000).
For a short overview of the drafting process for a Restatement, see How the ALI Works .
Parties Involved
Drafting Process
The following process typically takes between 9 and 21 years:
Other ALI-authored works, such as Uniform Commercial Code articles, are created in a similar process. If you want assistance locating materials relating to non-Restatement ALI projects, please ask a research librarian .
Legal researchers sometimes need to trace the historical development of a Restatement section, the impetus for its inclusion, which section of a prior Restatement it derived from, or how it came to be worded a certain way.
For many sections, Reporter's notes explain the development of a section, often explaining earlier versions and citations to cases that were used as the basis for the rule. Reporters notes can be found in the Appendix volumes of individual Restatements.
To trace how the text changed during the drafting process, you can compare various drafts: the tentative drafts, council drafts, preliminary drafts and proposed final drafts. Each draft has its own record in the library catalog. Use the Title Keywords search in Hollis Classic --for example, search restatement torts --to locate them. Drafts are also available in the microform set Archive Publications described below.
Some Restatement volumes contain conversion tables. These tables indicate where sections of drafts or sections from earlier series were included in the final, adopted version of a Restatement.
Although some Restatements are designated 2d or 3d, there are not always antecedents. For instance, the Restatement of the Law Governing Lawyers is a Restatement of the Law Third, but there has never been a first or second Restatement of the Law Governing Lawyers.
The American Law Institute is continually working on Restatements and other projects. Researchers are often interested in determining whether a Restatement has become final, or what stage the drafting process has reached. The following tools can help answer those questions, as well as provide a history of the development of ALI projects.
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An literature review examples on law literature reviews is a prosaic composition of a small volume and free composition, expressing individual impressions and thoughts on a specific occasion or issue and obviously not claiming a definitive or exhaustive interpretation of the subject.
Some signs of law literature reviews literature review:
The goal of an literature review in law literature reviews is to develop such skills as independent creative thinking and writing out your own thoughts.
Writing an literature review is extremely useful, because it allows the author to learn to clearly and correctly formulate thoughts, structure information, use basic concepts, highlight causal relationships, illustrate experience with relevant examples, and substantiate his conclusions.
As part of the process of applying for a research degree, you will need to prepare an outline of your proposed research.
Please see our guidance on what to include below, including word count:
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Introduction.
As with most ethical debates, the question posed above creates a divide between two distinct schools of thought: those authors who are in favour of proposed change and those who are not. Nevertheless, each of these groups can be divided into subgroups, each presenting their own individual reasoning. It should also be noted that since the status quo of the law involves the effective outlawing of assisted dying, the 'change' mentioned above is implicitly the legalisation of at least some substantial form of assisted dying. For the purpose of clarity, 'assisted dying' refers to active voluntary euthanasia. Whilst the issue of assisted dying is by no means new, particular attention has been paid to relatively modern resources, on the basis that any change to the law would by definition be made in a modern context. Furthermore, recent attempts to change the law can be regarded as having placed a useful energy into the debate. Indeed, there even exists a subsection of the topic dedicated to examining why change might be more likely than ever, as demonstrated by the work of Saunders on the media's role in the debate. [1]
Autonomy in general.
Unsurprisingly, the concept of autonomy (as described by Beachamp and Childress [2] ) holds a central position in the debate at hand. Authors such as Young [3] and Gray [4] note that there should not be a distinction between the plethora of actions which any given individual might take in their day to day life in the name of autonomy and the act of arranging and following through with an assisted death, at least as far as the right to self-determination is concerned. In this manner, the question of assisted suicide can be located within wider debates of the limits of bodily integrity and self-determination. [5] This means that even if autonomy does not form the central theme of a given text arguing for alterations to the law, it forms an essential part of the background to that text. Nevertheless, as noted by Schermer [6] just because a particular action can be described in terms of self-determination, this does not make it a given that that action is permissible. Instead, the limits of autonomy are poorly defined and amorphous. Thus, whilst there appears to be consensus that assisted dying is a matter of autonomy, this does not make it a given that it should be legalised. [7] Indeed, it can be countered that without access to philosophically watertight defences of the concept of autonomy, that all arguments that flow from the idea that autonomy is a universal good can be considered at least somewhat flawed. Keown notes that as appealing as autonomy arguments are, that they lack substance as a result of the fact that there are many restrictions placed upon autonomy by any given society, and therefore that the law on assisted dying can simply be regarded as being part of a continuity of restricted self-determination. [8]
Since the acceptable limits of autonomy are by no means hard, a series of authors have attempted to deduce whether assisted dying might be considered to be within or without the boundaries of legitimate behaviour. Manson and O'Neill [9] note that the right of an individual to guide themselves towards a desired end can in fact already be found in the autonomous right to refuse treatment (even if this might result in death) and thus that there is nothing patently wrong with an individual making active (as opposed to passive) decisions to hasten the end of life, especially since such decisions are by definition confined to situations in which terminal illness is largely present. Dahl and Levy [10] build on this argument, noting that autonomy is having an increasingly large presence within end-of-life decision making in recent years, as demonstrated by phenomena like advance directives. Such arguments can be considered meritorious, if only because they are based on objective evidence: the law and use of advance directives has indeed developed substantially in recent years, as has the debate on the matter of a right to die (as demonstrated by the number of assisted dying bills which have emerged in recent years. [11] )
The rights-based arguments can also be seen in a number of high profile cases regarding assisted dying. In particular, Pretty v UK (2002) [12] , R (on the application of Nicklinson and another) (Appellants) v Ministry of Justice (Respondent), R (on the application of AM)(AP)(Respondent) v The Director of Public Prosecutions (Appellant) [13] and R (on the Application of Debbie Purdy) v Director of Public Prosecutions [14] have all been based heavily around the idea that there is a significant incompatibility between the rights provided to an individual under the Human Rights Act 1998 and the status quo of the law on assisted suicide. Even within this small group of cases, it should be noted that there exists another divide, between those cases which challenge the law itself, and those which challenge the way in which the law is applied. In the former category fall Pretty, Nicklinson and AM , whilst Purdy falls into the latter category. Regardless of the theoretical merit of the arguments in these cases, the repeated lack of success of these lines of argument suggests that as of yet the use of human rights law does not provide a practical avenue by which the law might be changed.
Others seek to examine the legal status quo as a means of establishing acceptable uses of autonomy. One particularly notable line of reasoning involves examining the differences in the law on suicide and those on assisted suicide. Jackson [15] notes that the current law does not seem to have any sweeping or absolute effect on the ability of an individual to hasten the end of their own life - instead, it simply creates a split between three different groups: those who do not require assistance to take their own lives, those who possess the means or support to leave the country to jurisdictions in which assisted dying is accessible, and those who do not fit into either of the two previous categories. Jackson argues that this means that the law has no substantial quarrel with the idea of suicide, but instead merely disproportionally affects a small minority of patients. [16] Again, the merit of this particular argument can be seen in its relatively objective nature: the law indeed entirely makes suicide accessible to the vast majority.
There also exist arguments which revolve around the idea that rather than a loose right to self-determination, that patients in fact have a distinct right to control their own mortality, even if this right is used in a way which brings about the end of life. Friedman [17] in particular advances this view heavily, arguing that individuals have a level of property rights in their own body, and that this therefore extends to the right to affect that body as the individual might see fit (including, by implication, the right to consent and have another take their life.) This argument can (again) be seen as fitting into wider discussions of autonomy, with authors like Narveson [18] noting that without a right to suicide (even if assisted), no individual can be regarded as having properly realised bodily integrity. Whether such arguments hold water can be regarded as being based on whether the concept of the body as property is accepted or not. If not, such arguments lack weight (and vice versa.)
If you need assistance with writing your literature review, our professional Literature Review Service is here to help!
Coercion of the vulnerable.
The main argument which can be seen to be tabled against altering the law is that to change the law would be to open the floodgates to a series of abuses of the system, in which vulnerable members of society are coerced or bullied into making use of assisted suicide. Gabriel [19] notes that as well as the most obvious argument (that allowing assisted suicide might result in coerced deaths) that it can also be argued that in providing an alternative to palliative care that the quality of palliative care will diminish on the basis that it is resource intensive and can often involve painful procedures being performed on patients.
Interestingly, Gabriel also notes the lack of evidence to support the slippery slope argument. This can be regarded as not particularly sound reasoning - before a change in the law can be seen to have a negative effect, it stands that a change in the law must first be made. Nonetheless, it might be argued that there is evidence to suggest that the slippery slope will not emerge. Quill [20] notes since assisted suicide remains de facto available overseas, and no cases have emerged in which this phenomenon has occurred, that this demonstrates that at least contemporaneously, the risks feared by anti-change parties have not been realised. Furthermore, as with any slippery slope argument, it can be countered that any change in the law would merely need to be tempered with appropriate safeguards and oversight in order to prevent the end result of the slope from ever occurring. [21]
Further nuance can be seen to be added to the slippery slope arguments by examining those writers who consider which parties might be disproportionately disadvantaged by a change in the law. First and foremost are arguments that disabled individuals will be overly affected by a change in the law. Indeed, Gill notes that this is why there is a significant tendency for disability rights groups to oppose any changes in the law, out of fears of abuse. [22] Even if a patient is not explicitly disabled, Wolf [23] notes that proper consent will be difficult to ascertain, since those suffering from terminal diseases will very often be in significant amounts of pain and distress, with far higher rates of depression in terminal patients than in the general population. Nevertheless, such an argument should arguably be taken cautiously, since its logical conclusion would be that no patient suffering from an illness should be regarded as making an autonomous decision. Biggs [24] puts forward an argument that any change in the law might disproportionally affect female patients as a result of the marginalised position of older women within society (i.e. a misplaced perception that a woman's advancing age correlates with her reduced utility.) These specific arguments are arguably more secure in their reasoning than generalist slippery slope arguments, since it is sensible to suggest that traditionally marginalised groups will be more vulnerable to abuse than majority groups.
It is also sometimes argued that a change in the law will cause an irreversible negative change in the patient-doctor relationship. The reasoning for this change varies. Simpson, [25] for example, argues that there is a direct dichotomy between the traditional role and goals of a doctor and the act of assisting in another's suicide. Indeed, this is a theoretically solid argument: it is largely expected that a doctor will act to preserve life, rather than take it. In contrast, however, Hall, Trachtenberg and Dugan [26] state that their own research demonstrates that, at least as far as can be garnered from an opinion poll, that patients would not have their trust in their physicians harmed in any significant way.
In summary, as can be seen above, the binary yes/no nature of the discussion hides significant nuances with the discussion. Whilst it is of little surprise that autonomy finds itself at the centre of a discussion about letting people do something previously outlawed, of particular interest are the ways in which the current body of work seeks to establish the acceptable limits of autonomy (lest they fall foul of Keown's criticisms.) Any further work would need to both establish these limits, then balance this autonomy against the concerns of critics. Finally, it is of note that particular attention needs be paid to establishing the set of ethical standards that might be applied to a change in the law. Without first establishing this, any following discussion would be largely moot.
Legislation.
Human Rights Act 1998
Dignity in Dying, Lord Falconer's Assisted Dying Bill (Dignity in Dying 2015) < http://www.dignityindying.org.uk/assisted-dying/lord-falconers-assisted-dying-bill/ >
Beauchamp TL, Childress JF, Principles of Biomedical Ethics (OUP, 2001)
Cholbi M, Varelius J (Eds.) New Directions in the Ethics of Assisted Suicide and Euthanasia (Springer, 2015)
Emily Jackson, Medical Law: Texts Cases and Materials (OUP, 2015)
Keown J, Euthanasia, Ethics and Public Policy (CUP, 2002)
Manson N, O'Neill O, Rethinking informed consent in bioethics (CUP, 2007)
Schermer M, The Different Faces of Autonomy (Kluwer, 2002)
Sheldon S, Thomson M(Eds.) Feminist Perspectives on Healthcare Law (Cavendish, 1998) 279-295
Dahl E, Levy N, 'The case for Physician Assisted Suicide: How can it ever be proven?' (2006) 32 Journal of Medical Ethics 335-338
Friedman RF 'It's my body and I'll die if I want to' (1995) 12 Journal of Contemporary Health Policy 83-213
Gabriel M, 'Physician-assisted suicide: the right to life or the right to death?' (2011) 4 Royal College of Surgeons in Ireland Student Medical Journal 84-86
Gill C, 'Health professionals, disability, and assisted suicide: An examination of relevant empirical evidence and reply to Batavia (2000)' (2000) 6 Psychology, Public Policy and Law 526-545
Gray W, 'Right to die or duty to live?' (1999) 16 Journal of Applied Philosophy 19-32
Hall M, Trachtenberg F, Dugan E, 'The impact on patient trust of legalising physician aid in dying' (2005) 31 Journal of Medical Ethics 693-697
Narveson J, 'Self-Ownership and the Ethics of Suicide' (1983) 13 Suicide and Life Threatening Behaviour 240-253
Saunders P, 'The Role of the Media in Shaping the UK Debate on Assisted Dying' (2011) 11 Medical Law International 239-259
Simpson B, 'Euthanasia for Sale' (1986) 84 Michigan Law Review 807
T Quill, 'Legal regulation of physician-assisted deaths - the latest report card' (2007) 356 New England Journal of Medicine 1911-1913
Wolf SM, 'Pragmatism in the Face of Death: The Role of Facts in the Assisted Suicide Debate' (1998) 82 Minnesota Law Review 1063
Young R, 'Existential Suffering and voluntary medically assisted dying' (2014) 40 Journal of Medical Ethics 108-109
[1] Peter Saunders, 'The Role of the Media in Shaping the UK Debate on Assisted Dying' (2011) 11 Medical Law International 239-259
[2] Tom L Beauchamp, James F Childress, Principles of Biomedical Ethics (OUP, 2001) 12
[3] Robert Young, 'Existential Suffering and voluntary medically assisted dying' (2014) 40 Journal of Medical Ethics 108-109
[4] William Gray, 'Right to die or duty to live?' (1999) 16 Journal of Applied Philosophy 19-32, 21
[5] Emma C. Bullock, 'Assisted Dying and the Proper Role of Patient Autonomy' in M Cholbi, J Varelius (Eds.) New Directions in the Ethics of Assisted Suicide and Euthanasia (Springer, 2015) 13
[6] Maartje Schermer, The Different Faces of Autonomy (Kluwer, 2002) 1
[8] John Keown, Euthanasia, Ethics and Public Policy (CUP, 2002) 54
[9] Neill Manson, Onora O'Neill, Rethinking informed consent in bioethics (CUP, 2007) 17
[10] E Dahl, N Levy, 'The case for Physician Assisted Suicide: How can it ever be proven?' (2006) 32 Journal of Medical Ethics 335-338, 338
[11] Dignity in Dying, Lord Falconer's Assisted Dying Bill (Dignity in Dying 2015) < http://www.dignityindying.org.uk/assisted-dying/lord-falconers-assisted-dying-bill/
[12] Pretty v UK (2002) 25 EHRR 1
[13] R (on the application of Nicklinson and another) (Appellants) v Ministry of Justice (Respondent) and R (on the application of AM)(AP)(Respondent) v The Director of Public Prosecutions (Appellant) [2014] UKSC 38
[14] R (on the Application of Debbie Purdy) v Director of Public Prosecutions [2009] EWCA Civ 92
[15] Emily Jackson, Medical Law: Texts Cases and Materials (OUP, 2015) 928
[17] RF Friedman 'It's my body and I'll die if I want to' (1995) 12 Journal of Contemporary Health Policy 83-213
[18] J Narveson, 'Self-Ownership and the Ethics of Suicide' (1983) 13 Suicide and Life Threatening Behaviour 240-253
[19] Maria Gabriel, 'Physician-assisted suicide: the right to life or the right to death?' (2011) 4 Royal College of Surgeons in Ireland Student Medical Journal 84-86
[20] T Quill, 'Legal regulation of physician-assisted deaths - the latest report card' (2007) 356 New England Journal of Medicine 1911-1913
[22] Carol Gill, 'Health professionals, disability, and assisted suicide: An examination of relevant empirical evidence and reply to Batavia (2000)' (2000) 6 Psychology, Public Policy and Law 526-545
[23] Susan M Wolf, 'Pragmatism in the Face of Death: The Role of Facts in the Assisted Suicide Debate' (1998) 82 Minnesota Law Review 1063
[24] Hazel Biggs, 'I Don't Want to be a Burden' in Sally Sheldon, Michael Thomson (Eds.) Feminist Perspectives on Healthcare Law (Cavendish, 1998) 279-295
[25] Brian Simpson, 'Euthanasia for Sale' (1986) 84 Michigan Law Review 807, 809
[26] M Hall, F Trachtenberg, E Dugan, 'The impact on patient trust of legalising physician aid in dying' (2005) 31 Journal of Medical Ethics 693-697
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This is something, as a student, I remember very well: writing literature reviews. They were always assigned, yet few of us knew how to write anything really impactful. For me, a good literature review is not the mere act of summarizing; rather, it is analysis, synthesis, and illumination all about discovered knowledge gaps. So let us break it down step-by-step and notice exactly how WPS Office can be used as your secret weapon in getting this one right.
It's not a book report for adults—a literature review is a critical examination of research that is already published, which plumbs deep into the scholarly conversation around your topic. Think of it this way: you are giving a guided tour through the general intellectual landscape, and you're not only pointing at landmarks but also explaining their importance, their relations to one another, and where the unknown areas can be.
The Blueprint: Introduction, Body, and Conclusion
Any well-constructed literature review will be built around the clear structure of an introduction, body, and conclusion.
Introduction: This is your opening act. Here you introduce your topic and lay out the central question or thesis your review will address. You might also give a sneak peek at the key themes or sources you'll be exploring, should you do a stand-alone review. This will also be a good place to explain how you picked and analyzed sources.
Body: This is the meat of your review. This is where you are going to put together the information from your sources in such a way that it makes sense. Again, do not just summarize, but also include your own ideas pointing out strengths as well as weaknesses of each document and relating the different studies. You will need to write clear paragraphs with effective transitions so that your reader can easily follow through the material.
Conclusion: Time to wind up: According to your literature review, there is a need to summarize the major findings and explain how they relate to your question. What are the big takeaways? What remains unanswered? Your conclusion should leave the reader with a great sense of evaluation about the present state of knowledge on a subject area and indication of where future research in this area might lead.
This framework will help you to structure a good literature review. Once more, this is only a rough expectation—remember, it is not etched in the stone. While the basic structure will usefully be applied as it is for most of the assignments or projects, sometimes maybe you will need to slightly adjust it according to the concrete needs of the assignment or project. The key is the following: Your review needs to be reader-friendly and organized, and it needs to communicate clearly the research findings.
Now that you have collected your sources and extracted their key insights, you are well on your way to developing a well-structured story. In many ways, this is akin to choosing the appropriate lens for a camera—the literature review snaps into focus. There are four common ways to approach literature review organization:
1. Chronological: This approach is almost like a timeline of ideas. You will trace the development of a topic in chronological order, so you will center on central milestones, swings in ideas, and influential debates.
2. Thematic: View this as thematically organizing your research. This will allow exploration of the subject under study in a more systematic way.
3. By Method: If you are dealing with research that utilizes a variety of methods, then this can be a revealing approach. You will draw out comparisons and contrasts between studies based on their methodology, where appropriate, pointing out the strengths and weaknesses of each approach.
4. Theoretical: This is commonly used within the humanities and social sciences, where theories are key. You will look at some of the several theoretical frameworks scholars have reached for to grasp your topic at hand, debating their strengths, limitations, and how they relate to each other.
The best approach for you will depend on what kind of research question you're asking and the body of literature involved. Don't be afraid to experiment and find the structure that works the best. You could also use a combination in your approach—like a primarily thematic approach with chronological elements there to help provide additional context for each theme.
This type of strategic planning and effecting proper organization distinguishes an efficient literature review. The process of streamlining it is as follows:
Step 1: Gathering and Evaluating Relevant Sources
Research credible sources on academic databases like Google Scholar. Use specific keywords in order to find recent and influential publications that contribute to the topic at hand. Appraise every source according to your criteria of relevance and credibility.
Step 2: Identification of Themes and Literature Analysis
Skim through your selected sources in the search for emerging themes, debates, or gaps in the literature. Secondly, summarize key findings and methodologies for each source. Find the patterns or recurrent discussion which will help you categorize your review well and organize it.
Step 3: Outline and Structure Your Literature Review
Devise a clear structure for your literature review: introduce the topic and the thesis in the introduction, develop sources cohesively in the body, and summarize key findings in the conclusion. You could make use of organizational strategies such as chronological, thematic, methodological, or theoretical in representing your topic.
Use tools like WPS Office to plan your literature review and keep all of your sources well-organized. This will save you much time and guarantee that your literature review stays organized while you remain focused on your research objectives.
Remember: Do not simply list and summarize, but analyze and synthesize. Your literature review is not just a compilation of sources but one that critically relates the strengths and weaknesses of each piece of research, identifies the important debates in the area under consideration, and makes links between diverse pieces of research. WPS AI can help you to do this, through its identification of key terms, concepts, and relationships within the literature.
Want WPS AI to be that magic weapon to help you make an extraordinary literature review? Here is how this intelligent assistant will supercharge your effort.
Annotation and Highlighting: WPS AI permits direct annotation and highlighting of parts of interest within its software. This is quite useful to facilitate the marking of key findings, interesting quotes, or even areas in which authors have differed. By annotating through WPS AI, all critical points will be easy to refer to while you compose your review.
This WPS AI summarization tool will give you a condensed version of the long article or paper. It saves time by putting together exactly what the point or argument is from each source. On this, you will have a digest of several studies at your fingertips. This helps you easily compare and synthesize in your literature review.
Writing Assistance: Use WPS AI's writing tools to build your literature review section. These allow you to check the grammar, refine the sentence structure, work on the text length, and basically improve clarity. With these, you then ensure that it is well-written and easy for the readers to understand.
Build in these WPS AI features into your process of writing a literature review for refining workflow and bringing about a polished and insightful review that answers to academic standards.
Q1. what is the step before writing a literature review.
You must choose a topic, research existing literature, gather sources, determine themes, and make a defined scope of review before you begin writing your literature review.
Place the literature review after the introduction and before the methodology section of your dissertation.
Literature reviews would hence be a summary of earlier research on a topic, identification of gaps, building a context for fresh research, and devising credibility in an academic writing.
A literature review is one of the most critical steps of any research project. This aids in the placement of knowledge, pointing out the gaps, and placing one's research in a certain field. With accurate tools and strategies,or msg like WPS Office and WPS AI, the process can be streamlined in the production of quality literature reviews.
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Sample 2:1 Undergraduate Law Literature Review. Author: Barclay Littlewood , Modified: 16 July 2023. This sample law literature review was written by one of our expert writers, to give you a taste of the work we produce. You can also check out the plagiarism report delivered free with every essay!
5th May 2020 Law Dissertation Help Guide Reference this In-house law team. Writing a law dissertation literature review. Legal academic dissertations at all levels now typically incorporate some type of 'literature review'. Generally this is incorporated in an early section in your dissertation. The following is a guide to help you through ...
The literature review is also essential as it will enable you to identify an appropriate research method. Your research method, and needs, can only be established in the light of a review of existing knowledge. Your literature review is regarded as secondary research. The research process is an ongoing one, so your literature review is never ...
The review should be concise and clear. It should also clearly define the scope of the review. A literature review should also give an overview of the arguments that will be made and why they are valid. The body of your literature review will include an in-depth evaluation of the scholarly resources you have read.
An Introduction to Empirical Legal Research. Lee Epstein and Andrew D. Martin Oxford University Press (2014) This book includes information on designing research, collecting and coding data, analyzing data, and drafting the final paper. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 85 .E678 2014.
For example, an SLR can be used to show the impact of a certain law or policy (Loong e.a. 2019), uncover patterns across literature (e.g. perpetrator characteristics) (Alleyne & Parfitt 2017), outline crime prevention strategies that are currently in place (Gorden & Buchanan 2013), describe to what extent a problem is understood or researched ...
In this example, the literature review can be found on pages 1086-1089, stopping at the section labeled "Aims and Hypotheses". Law and Justice study In this example, the literature review can be found on pages 431-449, stopping at the section labeled "Identifying and Evaluating the Impacts of the Prisoners' Rights Movement".
he simplest thing of all—structure. Everything you write has three components: a beginning, a middle and an e. d and each serves a different purpose. In practice, this means your review will have an introduction, a main body where you review the literature an. a conclusion where you tie things up.
Here is an example of this kind of paragraph: "The section that follows [this introduction] sets the stage by recounting two scenarios from the Indiana University Robert H. McKinney School of Law, with discussion of the knowledge and implementation of accessibility features in online instructional materials.
Steps for Conducting a Lit Review; Finding "The Literature" Organizing/Writing; APA Style This link opens in a new window; Chicago: Notes Bibliography This link opens in a new window; MLA Style This link opens in a new window; Sample Literature Reviews. Sample Lit Reviews from Communication Arts; Have an exemplary literature review? Get Help!
PLP RESEARCH PAPER. n the Use and Impact of Litigation Dr Lisa Vanhala and Jacqui Kingh. nThe Public Law Project (PLP) is an independent national legal charity. Our missi. n is to improve public decision making and facilitate access to justice. We work through a combination of research and policy work, training and conferences, and providing sec.
To write a literature review, you must be organized and systematic. Therefore, before you start writing, you need to create an outline. This outline should be in bullet point form and as detailed as possible. It should clearly outline your arguments and connections between sections of your literature review. In addition, the outline should also ...
This book fills this gap by offering a step-by-step guide to doing a systematic literature review in legal scholarship. This book provides law students with all the guidance and information they need to complete and succeed in their LLB, LLM or law-related dissertation. Written in an accessible, clear format and with plenty of tools to help to ...
Sample Literature Review of One Paper Literature Review Student's Name Paper Citation: Johnson, William R. and Jonathan Skinner ... They concluded that living in a state with a no-fault divorce law has a negative impact on women's labor supply. However, Johnson and Skinner's (1986) analysis used PSID data from 1972, when ...
Freely available Australian database containing full-text legislation & case law. Also includes journals, law reform papers and and subject specific collections. Jade. Produced by BarNet, Jade allows you to search, annotate & share Australian case law for free. Jade Professional provides additional features & is available to students at no charge.
This example shows how a literature review from a PhD thesis can be analysed for its structure, purpose and content. Three sections of the thesis are analysed to show the: relationship between the introduction and the literature review. structure and purpose of dedicated literature review chapters. inclusion of literature review in other ...
Law review articles often focus on new or emerging areas of law and they can offer more critical commentary than a legal encyclopedia or ALR entry. Some law reviews are dedicated to a particular topic, such as gender and the law or environmental law, and will include in their contents the proceedings of a wide range of panels and symposia on ...
An literature review examples on law literature reviews is a prosaic composition of a small volume and free composition, expressing individual impressions and thoughts on a specific occasion or issue and obviously not claiming a definitive or exhaustive interpretation of the subject. Some signs of law literature reviews literature review:
2.0 Introduction. he research questions in chapter one it is imperative. hat themethods and meth. categorise a thesis, particularly one on the subject of law under any specific. headings, as many works of this type involve a hybrid of methods.1 Henn et al. makes the important distinction between 'method' and 'methodology'.2 They state.
Your literature review A thorough examination of key pieces of research relating to your topic. You should use the literature review to identify gaps in, or problems with, existing research to justify why further or new research is required. Contribution (up to 1200 words) Your original approach and contribution to the literature
Author: Barclay Littlewood , Modified: 16 July 2023. See for yourself why we're the world's leading academic writing company. One of our expert writers has created this bespoke sample Law literature review that shows the incredible quality that's guaranteed with every piece of work ordered. Secure your academic success and place an order today ...
Step 3: Outline and Structure Your Literature Review. Outline and Structure Literature Review use WPS AI. Devise a clear structure for your literature review: introduce the topic and the thesis in the introduction, develop sources cohesively in the body, and summarize key findings in the conclusion.