Learning objectives

At the end of this module, you will be able to:

• find guidelines on thesis presentation and referencing style
• reference appropriately

Finding guidelines on thesis presentation

Preparing a thesis for submission is an exacting task. Even minor inconsistencies in format will detract in the eyes of your examiners. Consistency in layout are crucial. You will also need to choose a standard referencing system in consultation with your supervisor.

Finding good models to follow The first step is to read other, recent law theses. Concentrate on those theses which were most highly regarded by the thesis examiners (consult your supervisors on this point). Close reading of recent theses will give you hints on the proper presentation of your thesis, as well as guidance on the standards required. You might also like to have a look at theses from other universities, although standards at these institutions may not be identical to those at your home university. For further information, see the module on finding theses.

Writing

Writing a thesis is very different from writing an assignment or essay. Monash University has some useful advice on structuring your thesis so that it flows logically and reads easily, as well as general advice on Writing in Law. Most university libraries include in their collections useful works on writing a thesis or academic writing. Check your library catalogue or ask the law librarian.

Few law students have formal training in grammar. Not only is a sound knowledge of grammar essential in interpreting the case law and legislation, it will also assist you in constructing your arguments. A useful guide to the role of grammar in legal argumentation is M Meehan, Butterworths Guides: Grammar for Lawyers (2007) Chatswood, NSW: Butterworths.

Legal citation guides The current trend is for law schools across Australia to adopt the AGLC2 standard for legal citation. A viewable copy of the AGLC2 is available on the Web in Adobe Acrobat (PDF) format. La Trobe University has produced an excellent online guide to the AGLC2. This includes quiz questions to test your knowledge of this standard. Another online guide is the Sydney Law Revue, General Style Guide for Authors (2006) University of Sydney, Faculty of Law. There are also a number of legal citation guides in print. Check the library catalogue at your institution. Your supervisors will be able to provide additional guidance.

EndNote and AGLC2

EndNote is a piece of software which helps you create a personalised database of references. It allows you to:

• enter references manually or import them from journal databases, catalogues and other sources.

create a bibliography for your thesis in any citation or bibliographic style you require.

Most Australian universities provide EndNote to their postgraduate students free of charge or at a reduced cost. The University of Queensland provides an extremely useful guide to Using AGLC2 with EndNote 9. This guide can be supplemented by the materials from University of Sydney on EndNote 9 for Legal Research. EndNote will save you hundreds of hours by ensuring that your citations are appropriately formated.

Avoiding inadvertant plagiarism

When taking notes, be careful to distinguish your words from those of another author. There are a number of ways you can do this. If you are in the habit of copying slabs of texts from a secondary source into a notebook, enclose this material in quotation marks. When paraphrasing, put key phrases or words you copy in quotation marks or use a high-lighter to distinguish exact quotes. These precautions will ensure that you never incorporate another author's words into your own thesis without acknowledgement.

Always write down the exact source of the information in your notes. Do not forget to include page numbers and details such as place of publication, edition and publisher. Many textbooks have passed through multiple editions and, if you do not record these details, it might be difficult for you to verify your citations later. If you are reading a case report or legislation, make certain that you take all the information you need. Check the AGLC2 if you are in doubt as to what is required for a complete citation. When referring to Web sites, remember that you need both the address (URL) and the date you accessed the site.

If English is your second language, you might be exposed to another temptation. This is to borrow a well-expressed sentence or paragraph from a secondary source, without citing the author or using quotation marks. This may improve the flow of your work at a particular point, but it is usually painfully obvious. Even if the marker fails to immediately recognise the source, he or she will probably recognise the change in literary style.

Crediting the source of your ideas

Another way in which you can accidentally commit plagiarism is by failing to properly cite the source of an idea. When note-taking, label those insights which are your own and those which originate in a secondary source. When it comes to the writing up your research, make it clear when you are repeating ideas that you have found in print and when you are making your own contribution. You might find yourself mentioning the name of a particular author three or four times in a paragraph. This is probably better than appearing to plagiarise.

Common knowledge

Most people have been told at one time or another that it is not necessary to provide a source for facts that are common knowledge. This is correct, but just what is common knowledge is not always clear.

The statement that Edmund Barton was the first Australian Prime Minister does not require a source. It is a fact and is not in doubt. However, the statement that, as Prime Minister, Edmund Barton "had no love for administration and had never enjoyed political intrigue" is neither common knowledge nor a "fact". It may well be true. But, for practical purposes, this comment is no more than an observation made by Martha Rutledge, the author of the entry on Barton in the Australian Dictionary of Biography, and needs to be referenced (7, 199, by the way).

The rules which apply with printed material also apply to information you find on the Web. Interpretations, opinions and "facts" which you find on the Web are not "common knowledge". If you borrow interpretations or ideas from, say, Wikipedia without citing your source in your thesis, you are still plagiarising.

Information or interpretations considered common knowledge in some academic circles might be seen in a different light by your examiners. Academics differ in terms of what is fact and what is opinion. The advice which the Princeton University Web site gives is: when in doubt, cite. This is excellent advice.

Citing sources appropriately

If you read the article abstract, and not the actual article, it is wrong to cite the article? The answer is yes. Why? Because you are implying to the reader that you have done something that you have failed to do. This is not only dishonest, it is also likely to result in embarrassment. It should be fairly obvious to your examiner when you are writing from the abstract and have not really read the full article. The reason is that abstracts are often misleading: they can leave out important details or provide a distorted picture of the full article contents.

Another source of embarrassment is quoting an article or a book that you haven't read. This happens when you lift citations to a work from published research by another author. Once again, this is often glaringly obvious to the careful reader. It is easy to find yourself citing an unread authority to justify a particular point of view when the writer in question has stated the exact opposite. By lifting citations from someone else's research, you take responsibility for all their mis-citations and misunderstandings, as well as risk exposing yourself as a plagiarist. Once again, someone who is familiar with your field will find it reasonably easy to tell when you citing unread sources.

Secondary referencing

This is when you cite or quote an unread author second-hand, using a reference to a source you have read. This practice is not formally incorrect. Most referencing styles allow for this practice. However, it is a good idea to keep such references to a minimum. If an author has referred to another's research (and the point is important), check the original source. Misattribution is not rare and academic authors are sometimes amazed to read what others believe they have written.

In most cases you can obtain the orginal source through document delivery at your library if it is not in your institution's collection.

Represent the views of others accurately

Don't cite from memory, and check the citations in your thesis as you redraft each chapter. Ensure that have represented another authors’ views accurately. If you get this wrong, your examiners will notice.

When to quote

Extended quotations of another author are usually unecessary. It is often best to incorporate the author’s ideas into your own argument by paraphrasing and appropriate referencing. Too many long quotations will disrupt the thread of your argument, and might give the impression that your research is overly derivative.

Quotations are useful when:

• where the exact words used by another author are significant to your argument
• you wish to quote for purposes of refutation
• you are unable to improve on the choice of words and wish to keep a particularly
  elegant or apt expression.

If you decide to quote extensively, discuss each quote in your text. Do not leave the examiner in any doubt of why you have decided to include a particular quote in your thesis.

Some really, really useful advice Ask yourself, what would happen if your laptop is stolen, your hard disk crashes or some disaster strikes your home or workplace. Would you lose years of work? Make it a habit to back-up your work and keep electronic copies at another place. If you do most of your writing at home, keep the copies at your university or work-place. Update your back-ups as your continue to write and revise. Otherwise, you risk a catastrophe if misfortune strikes.

Citing cases

Be particularly careful in your use of case citations. If you refer in passing to Donoghue v Stevenson, you can be forgiven for not reading the actual judgement. But if you choose to refer to Donoghue v Stevenson [1932] AC 562, it is a good idea to read the actual judgement. If you do not do so you are giving readers the impression that your legal learning is greater than it is in reality. Moreover, you leave yourself open to a charge of plagiarism if you have misremembered exactly what the judgement said. Do you really remember the details Lord Atkin's formulation of the "neighbour principle"?

Snail in a bottle In relation to Donoghue v Stevenson, you might enjoy A Snail in a Bottle on YouTube. Listen to this video (a parody of Message in a Bottle by the Police, remember them?). While you are listening, consider this point (raised in the parody): without this case would the law of tort have developed in the same way. Was there anything inevitable about Lord Atkin's decision?

If you borrow summaries of cases or precis of legislation from reference works or online databases, you must cite these as your source. Remember, if you don't you are exposing yourself to blame for any errors in the summaries or precis. If a secondary source presents a novel interpretation of a case, you must cite the secondary source. Otherwise you are taking credit for the insights of another.

Online resources on plagiarism for law students The Legal Writing Institute in the United States makes available a range of resources to assist law students in recognising and avoiding plagarism. Among these are the following: Plagiarism: A Workshop for Law Students Law School Plagiarism v Proper Attribution

Summary

This module dealt with:

• finding guidelines on thesis presentation
• referencing appropriately.