Month: May 2021

Research Resources

I have just submitted my master’s thesis for grading. While it is fresh in my mind, I have decided to summarize some of the resources I utilized.

Before I even began to do research or even have a topic, I purchased How to Write a Thesis by Umberto Eco. I knew it would be dated since it was published in 1977, but after reading reviews, there was still excellent information in it.

Since we are in the 21st century, index cards were out, and software was in. I checked out a few guides and YouTube videos on different applications. The first one I attempted to use was Scrivener. After going through the tutorial, I realized this had a bit of a learning curve and maybe more functionality than required.

During my classes, I started to use OneNote, which is part of MS Office. I have a Surface, which with a Surface pen, I was able to take notes in class, right onto the slides all within that particular class’s notebook. A few YouTube videos later, to see if others used it for research, too, I decided to go with OneNote. It worked like a charm. I laid out each chapter into its own section and also added ones for research and extra. Under the research section, each page was a separate source, where I listed the notes and quotations from it. I am sure there is a more efficient way, but I manually copied each note and quote to the corresponding chapter section before writing. When it came time to the actual writing, I was ready to go.

Now, onto the part of essay or writing that people hate the most, the references/citations. Along with this thesis, I have been participating in a Moot Court competition since October 2020. For the written submission, I began to use a program called Zotero. It is amazing. Now, I do not have anything to compare it to besides the manual way, but it is a timesaver. From organizing all your sources to using a browser extension to add the source automatically, it is very beneficial. I found myself adding each of my books to it through the ISBN. However, the most important function is the footnote and bibliography extension in MS Word. By selecting the Zotero tab and then clicking Add/Edit Citation, a textbox appears, allowing you to start typing your source and then it brings up a list based on what you write. From there, you choose the correct source and add a prefix/suffix or a page number, if required. Depending on the style you choose, I usually use (OSCOLA), it will make the automatic changes required, such as the (n #), where the number is the footnote the source is first used. Zotero also compiles the bibliography for you, although it must be manually sorted if you need to break it up into sections (Cases, Legislation, Books, etc.)

Some of this may not be new to you. These programs have been around for a while, but when you start using them, especially Zotero, it changes the game. I have not written of Scrivener, and if I am lucky enough to be accepted into a Ph.D. program, I will surely be spending some time to become competent with that program.

Links:

Zotero – https://www.zotero.org/

Scrivener – https://www.literatureandlatte.com/scrivener/overview

Reading Law: The Interpretation of Legal Texts – Quick Review

I purchased this book by Antonin Scalia and Bryan Garner out of my interest in interpretation. Since learning about various styles, or judicial philosophies, I have been very fond of the subject. The debate in the American context is coined as the right-wing textualists versus the left-wing activists. However, while this book includes many arguments for textualism or originalism, a lot of utility can be derived from the principles articulated in the book.

I’ll admit, I am a fan of Justice Scalia’s writing. Previously, I have read some of his more colourful decisions, and his use of the English language is entertaining. Even though I am not American, we get a lot of exposure to the United States Supreme Court’s decisions in Canada – even more than the Supreme Court of Canada.

I first came across Bryan Garner from another book, ‘The Winning Brief,’ which I used to improve memorial writing. Also in my collection is a copy of Garner’s ‘Black’s Law Dictionary.’ He has a lot of knowledge, relevant quotations, and excellent sources.

Now onto the book:

‘Reading Law’ lists the principles that make up the canons of construction. These canons are used to interpret the text of constitutions, statutes, treaties etc. Each principle is described through caselaw (primarily American) and provides scholarly criticisms as well. This book is not just for someone who is a fan of textualism; the principles are well established and used by judges of all philosophies.

A good deal of my thesis involves identifying arguments and categorizing them based on their type. Text-based arguments can use canons of construction. It was in this regard the book proved invaluable to my research. One important aspect of legal treatises is the sources they use. The authors provide many sources that can expand your knowledge, which I recommend checking to further your understanding.

I recommend ‘Reading Law’ to anyone interested in law. Period. Of course, there is a niche interest to those like me who enjoy reading about interpretation, but the cases discussed are very interesting. Reading about how the principles are applied, even wrongly, is a great way to show them in action and not just in theory. It is okay if you are not a Scalia fan; being informed on these principles and the criticisms assist in formulating counter-arguments. (Plus Scalia can be very humourous at times)