Types of Law Essays

In law school, essays come in various forms, each demanding a unique approach. However, they all share a common structure: they require analysis, the formation of a thesis, and a well-organised outline. Law essays generally fall into three broad categories: legal theory, legal reforms, and legal history. Understanding their requirements is essential for crafting compelling and structured arguments in your law school essays.

1. Legal Theory Essays
Legal theory essays are the most common type of law essay. They require students to explore the rationale behind specific legal principles, explaining why the law has developed in its current form and considering its advantages and disadvantages. This type of essay goes beyond merely describing the law; it involves analysing the reasons for its development and questioning its appropriateness. Many students falter in these essays by failing to grasp this crucial aspect, focusing only on the current state of the law rather than critically examining the underlying reasons for its existence.

For instance, questions like "Offer and acceptance rules are no longer applicable to current transactions. Discuss" or "There is no logical unifying thread in tort law. Discuss" demand more than just an explanation of the rules. These two questions call for a deep dive into the theoretical justifications for these laws, questioning whether they are still relevant or effective. Legal theory essays challenge students to think critically and justify their conclusions based on solid legal reasoning.

2. Legal Reforms Essays
Legal reform essays require a different approach. These essays typically focus on changes in the law, either recently enacted or proposed. Students are asked to evaluate whether these reforms adequately address the issues within the existing legal framework or whether further changes are necessary. While the method of analysis remains similar to that used in legal theory essays, legal reforms essays emphasise comparing past and current laws and assessing their effectiveness.

For example, the question "The Contracts (Rights of Third Parties) Act of 1999 has not remedied the issues for which it was intended. Discuss" requires you to evaluate whether the reform has achieved its goal or if it has fallen short. Similarly, "What should be the law on manslaughter reform?" invites you to propose solutions to existing legal problems by suggesting future reforms. In these essays, a clear understanding of both the old and new laws is vital to construct a persuasive argument.

3. Legal History Essays
Legal history essays, as the name suggests, focus on the development of legal principles over time. These essays require students to track the evolution of a particular area of law, examining how historical trends have influenced the current legal landscape. While the methodology for these essays overlaps with that used in legal theory and legal reforms essays, the emphasis is more on chronological changes and the historical context in which laws have developed.

An example of a legal history question could be "The requirements for using the locus standi UK courts are being reduced as time passes. Discuss." In answering this question, you would need to trace the development of locus standi requirements in the UK, and analyse how and why such requirements have become more lenient over time. Though historical questions might seem more straightforward due to their chronological nature, this type of question still demands analysis, a thesis, and critical evaluation to secure top marks.

In conclusion, mastering the different types of law essays is crucial for any law student. While these categories of law essays may seem distinct, they share underlying principles. All require a well-structured argument supported by legal analysis, a clear thesis, and critical engagement with the material. It is essential to recognise the focus of each essay type to tailor your response accordingly.