Researching the question
Once you know what the question is about, and what you are being asked to do, you can then begin to research the question. Just as the question is not an invitation to tell the reader all you know about the topic, so the research is not a quest to read everything in print, or on the Internet, about the topic.
Researching the question is a search for relevant materials so, if you were answering the question on the HRA 1998, you would look for articles about the HRA 1998 and in particular at authors who suggest that the HRA 1998 has ‘higher law’ status, or shares the characteristics of a bill of rights or similar constitutional document, and authors who reject such views.Essentially, the task at the research stage is to
locate,
read, and
make notes on,
the materials that are relevant to your answer. Much of the material you need will be readily available, but there may well be many other students looking for the same information and working to the same deadline. You could, therefore, usefully photocopy journal articles as early as possible after receiving the question, and reserve books from the library as necessary.
Reading and making notes on the materials can be very time-consuming and to make the best use of the time available you will need to employ effective reading strategies while remaining focused on the question. To get a general impression of the issues you will first need to read broadly, though the extent of the overview reading you need to do will very much depend on the level of your existing knowledge of the essay topic. This general reading should help you discover the important themes around the key concepts of the essay and the range of possible answers to the question. When your understanding is such that you can take a stance on the answer you should then narrow the focus of your reading and concentrate in detail on the arguments that support your view.
The detailed reading should, however, be a critical evaluation of the materials and you need to note the flaws as well as the strengths of the arguments you intend to rely on in your essay.At this stage we can usefully return to the SQ3R technique which we first encountered at pp. 15–17. When using this technique to research an essay question, surveying and questioning the material are done at the same time by skim reading or quickly scanning the materials you think might be suitable for your essay, while always keeping the key concepts of the essay question at the forefront of your mind. To survey a book in this way, you would flick through the table of contents, and (if they are not included in the table of contents) the main headings and subheadings within each of the relevant chapters. You may also scan the most promising pages, looking for words and phrases which are relevant to your essay topic. When reading, you should ask yourself the following questions:
is the material relevant to the key concepts of the essay?
does the material support or contradict what I already know?
is there anything new or interesting here that is worth pursuing further? (Remember that everything must be relevant to the question.)
You will then be in a position to progress to the reading, recalling and reviewing stages of the SQ3R process in the usual way.
More on the topic Researching the question:
- Researching and planning
- Interpreting the question
- The Question of Codification
- The question of arrha
- A QUESTION OF DATES
- 1.2 A question of method
- The question of whether there is such a thing as permissive norms is one of the most hotly debated issues in legal theory.
- The answer to the question “who farms?” for most people is simple: farmers.
- This edited collection started with a simple question: how do modern federations manage interdependence and cooperation?
- In the spirit of ‘thinking through the international' and reflecting on the ways of (historical and juridical) seeing that might enliven (or temper) such thinking, I want to ask a question and make a small plea.
- This part of the study investigates general issues related with the question to law behind the documents.
- At the center of federalism is Martha Derthick's question, ‘How many communities are we to be—one or many?' (Derthick 1999; Livingston 1952).
- § 1 In a curriculum primarily devoted to the principles and practices of present-day American law it may be pertinent to question the inclusion of a course dealing with the Roman law.
- If a Frenchman and a Belgian meet in Hamburg, and the one sells his car to the other for 2 000 francs, the question arises as to what currency the parties have intended: 2 000 French or Belgian francs.
- Identifying the issues
- CONCLUSION
- 2.1. Permission and the regulation of 'natural' conduct
- SUMMARY
- A full specimen essay
- Having studied this chapter you should be able to: