Legal Theory
Argue Legal Theory rather than recite it.
Legal Theory rewards a clear method for stating a position, grounding it in a theorist, and applying it to the question. It is not vague opinion. It is structured argument.
The challenge
Where students get stuck
Students often answer Legal Theory from instinct, with a sweep of names but no structure. The marks go to answers that state a position, attribute it to its theorist, apply it to the precise question, and weigh the competing school. The recurring difficulty is treating jurisprudence as a list of summaries rather than a live argument to be resolved.
How the method applies here
The routine is the same as in every other subject: name the issue, state the position with its source, apply it to the facts or to the question, then conclude. Positivism, natural law, Dworkin, realism and critical theory are each applied rather than recited.
The method
One method, every problem
Four steps run every argument: name the issue, state the rule, apply it to the facts, conclude. Almost every legal rule takes one of six shapes. Any of these six shapes may carry a twist. Learn the six shapes and the twist →
Related subjects: Criminal Law & Procedure, Constitutional Law, Principles of Public Law. See all subjects.
Master Legal Theory.
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