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University of Bristol Law School

Law working papers series.

Welcome to the Bristol Law Working Papers Series. The series publishes a broad range of legal scholarship in all subject areas from members of the University of Bristol Law School. All papers are published electronically and available to download as pdf files.

Working papers

An Analysis of the UK–Australia FTA’s Investment Chapter (PDF, 630kB) Author: Joshua Paine

A Kantian moral cosmopolitan approach to teaching professional legal ethics (PDF, 693kB) Author: Omar Madhloom

COVID-19 at Work: How risk is assessed & its consequences in England & Sweden (PDF, 837kB) A‌uthors: Peter Andersson and Tonia Novitz

Capturing the value of community fuel poverty alleviation (PDF, 1,891kB) Authors: Colin Nolden, Daniela Rossade and Peter Thomas

Bridging the Spaces in-between? The IWGB and Strategic Litigation (PDF, 522kB) Author: Manoj Dias-Abey

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250+ Engaging Law Research Paper Topics

Hi there! When you start looking into law research paper topics, you find a whole world of amazing things to learn about. Maybe you are fascinated by criminal justice, maybe you care a lot about environmental law, or want to know more about human rights. The field of legal studies has so many interesting things to explore.

Think about digging into cyber laws, seeing how intellectual property rights affect things, or learning about international treaties. These topics aren’t just about rules; they’re about things that really matter in our lives every day.

You might be interested in talking about privacy laws in the digital world or how law and technology connect. Or maybe you want to see how courts shape our society or understand the challenges of immigration law.

As we go on this journey together, we’ll check out all sorts of cool law research paper topics. We’ll learn why they’re important in today’s world.

The Essentials Of A Good Law Research Paper Topic

Table of Contents

Choosing a good law research paper topic involves considering these aspects to ensure that the research is meaningful, feasible, and contributes to the legal discourse.

Relevance: A good topic should be relevant to current legal issues, societal concerns, or areas requiring legal clarification or reform. It should address a gap in understanding or propose solutions to existing problems.
Specificity: The topic should be specific enough to allow for in-depth exploration within the scope of a research project. A focused topic helps in conducting a comprehensive analysis and presenting coherent findings.
Interest and Significance: It should pique interest and hold significance within the legal field or society at large. A topic that explores emerging areas, challenges existing norms, or offers innovative perspectives tends to garner attention.
Feasibility: A good research topic should be manageable within the available time frame and resources. It should have accessible sources of information and data for analysis.
Debatable and Researchable: An ideal topic should invite discussion and allow for various viewpoints or arguments. It should also be researchable, meaning there should be available literature, cases, statutes, or data for analysis and interpretation.
Contribution to Knowledge: A good research topic contributes to the existing body of legal knowledge. It should offer new insights, propose novel approaches, or fill gaps in understanding within a particular area of law.
Ethical Considerations: Take regard to the ethical effects of the research topic, ensuring that it aligns with ethical standards and respects legal and moral principles.

250+ Law Research Paper Topics

Now the wait is over we have classified more than 250 topics in 25 different categories and the topics are as:

Step by Step Guide on The Best Way to Finance Car

The Best Way on How to Get Fund For Business to Grow it Efficiently

Academic Publications

Peer-reviewed journal articles, law review pieces, working papers, and seminal books on topics ranging from globalization to collaboration to diversity.

Diversity in Practice: Race, Gender, and Class in Legal and Professional Careers

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Getting Started

Scholarly legal research includes the consultation of articles in law journals and/or law reviews. The collection at the Georgetown Law Library includes all major law journals and reviews, as well as many non-legal journals, in a combination of print and electronic formats.

A law journal or law review is a legal periodical that contains scholarly articles, essays, and other commentary on legal topics by professors, judges, law students, and practitioners. Articles in periodicals describe, often in depth, the current state of the law and offer analysis of legal policies, rules, and history. These articles offer extensive footnotes, which cite to primary and secondary sources relevant to the article's topic.

Both legal and non-legal article research is done using article databases. There are two types of article databases: an index or abstract-only database and a full-text database. As implied by their names, index databases usually only provide an article citation and the article's abstract; a full-text database will provide an article's citation, as well as the full-text of that article.

Scholarly academic articles, both legal and non-legal topics, are collected in many different databases. These databases are typically organized by topic, or broad academic areas, such as humanities, social sciences, and science. You also have access to general, or multi-disciplinary, databases that collect articles in many different subject areas. These databases also collect non-scholarly materials.

The primary full-text databases for researching legal articles at Williams Law Library are HeinOnline , Westlaw , and Lexis . In this guide you will find information on the legal and non-legal article databases you have available to you through the Williams Law Library and Lauinger Library. In addition, you can use Interlibrary Loan to access articles not held by Williams Law Library or Lauinger Library.

When to Use an Index vs a Full-Text Database

This will depend on your research need. Do you need to find ALL articles on a particular topic? If so, you will need to use all the full-text and index databases in the subject area. Do you need a few recent articles on a topic? A full-text database in the subject area will suffice.

Getting Started with Legal Articles

HeinOnline This link opens in a new window HeinOnline content is image-based in PDF format and fully searchable. My Hein allows users to save search queries and bookmark their search results after creating a user account. Primary material available are law journals, US Code, CFR, Federal Register, U.S. Statutes at Large, international treaties, session laws, and tax material.
Legal Periodicals and Books This link opens in a new window Index of approximately 1,000 journals (with some full text); coverage begins in August 1981.
LegalTrac This link opens in a new window Index of approximately 1,300 journals; coverage begins in 1980

Getting Started with Non-Legal Articles

Academic Search Premier (EBSCO) This link opens in a new window Academic Search Premier provides full-text publications from all academic areas of study, including the sciences, social sciences, humanities, education, computer science, engineering, language and linguistics, arts & literature, medical sciences, and ethnic studies.
ProQuest Research Library This link opens in a new window ProQuest Research Library includes more than 3,700 titles -- over 2,500 in full text. It features a diversified mix of scholarly journals, trade publications, magazines, and newspapers. This database contains the text of some articles plus FULL TEXT AT GU LAW links out to the articles in other databases.
JSTOR This link opens in a new window JSTOR is a digital archive of core journals in various fields. It contains the entire runs of these journals, from the first volume up to the volumes published a few years ago. Each journal has a "moving wall" of 3-5 years after which the current issues are added to JSTOR. Georgetown has access to all journals in these collections: Arts & Sciences I-VI, Health & General Sciences, and Ecology & Botany.

Getting Started with International Legal Articles

Cambridge Journals This link opens in a new window Cambridge Journals Online is the web site for Cambridge U. Press journals, all of which the Georgetown University community can access.
Oxford Journals This link opens in a new window Oxford Journals Online is the web site for the Oxford U. Press journals, most of which the Georgetown University community can access. Georgetown subscribes to the backfiles as well as the more recent years of the journals.
Kluwer Law International Journal Library (via HeinOnline) Georgetown has electronic access to selected Kluwer Law International journals: Human Rights Law, International Arbitration, International Law, International Trade, and Journals and Journal Indexes.

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Updated 11/2020 (ROJ) Updated 12/2020 (ROJ) Updated 2/2021 (ROJ)

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© Georgetown University Law Library. These guides may be used for educational purposes, as long as proper credit is given. These guides may not be sold. Any comments, suggestions, or requests to republish or adapt a guide should be submitted using the Research Guides Comments form . Proper credit includes the statement: Written by, or adapted from, Georgetown Law Library (current as of .....).
Last Updated: Jan 18, 2024 12:03 PM
URL: https://guides.ll.georgetown.edu/articles

Of Looting, Land, and Loss: The New International Law of Takings

Gregory H. Fox & Noah B. Novogrodsky

Petersen v. Argentina and the Drawbacks of U.S. Litigation Against Foreign Sovereigns

Matei Alexianu

In Defence of the Impartiality of Barristers and Door Tenants in ISDS: A Call for Departure from Hrvatska Elektroprivreda d.d. v. Republic of Slovenia

Batuhan Betin

Arbitrating Human Rights of Third Parties to ISDS Cases

Sebastian Sauter Odio

2024 Annual Symposium Roundup: Harvard Looks to the Future of International Economic Law

Harvard International Law Journal & The Harvard Law and International Development Society

Harvard International Law Journal

The 2024 harvard international law symposium: bretton woods 3.0 the future of international economic law.

Saturday, March 2 | Austin Hall | Harvard Law School

Explore HILJ Scholarship

The Harvard International Law Journal publishes scholarship on international law from authors around the world. The views expressed in HILJ articles represent the views of their authors; not those of the HILJ editorial board.

Of Looting, Land, and Loss: The New International Law of Takings

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From “Space Law” to “Space Governance”: A Policy-Oriented Perspective on International Law and Outer Space Activities

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Finance Against Law: The Case of China

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State-Academic Lawmaking

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Courts Without Separation of Powers: The Case of Judicial Suggestions in China

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The Political and Legal Ambiguities of the Multilateral Security Support Mission Authorized for Haiti

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A Global Standard Setter for Virtual Currencies: A Case for Strengthening International Financial Law

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Juan Carlos Portilla

A Defense for Guardian Robots: Are Defensive Autonomous Weapons Systems Justifiable?

Feb 8, 2024

Rizky Citra Anugrah

“Extraterritorial Observance”: The Invisible Laws that Compete to Govern China’s Belt and Road Loans

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Michael Yip

The Republic of Haiti and the Dominican Republic: A Relationship in Troubled Waters

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Milcar Jeff Dorce

Jus Cogens v. State Sovereignty: The Battle of Discriminatory Citizenship Laws

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Manasa Venkatachalam

Bridging the Gap: African Countries Outpace the West in Descriptive Representation for Persons with Disabilities

Dec 7, 2023

Yohannes Takele Zewale

HILJ Online is collaborating with the Georgetown Journal of International Law and the Georgetown Center on Inclusive Trade and Development to publish online scholarship investigating the nexus between trade, technology, and climate initiatives in international law. Explore and submit .

HILJ Online and the Harvard International Arbitration Law Students Association joined forces to publish cutting-edge articles in international arbitration.

Petersen v. Argentina and the Drawbacks of U.S. Litigation Against Foreign Sovereigns

Apr 4, 2024 | HILJ-HIALSA International Arbitration Collaboration , Online Scholarship

In Defence of the Impartiality of Barristers and Door Tenants in ISDS: A Call for Departure from Hrvatska Elektroprivreda d.d. v. Republic of Slovenia

Mar 29, 2024 | HILJ-HIALSA International Arbitration Collaboration , Online Scholarship

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Reassessing Enforcement: Strengthening Compliance with International Law

Highlights from the 2024 symposium.

Former World Bank Deputy General Counsel Mr. Hassan Cisse Delivers the Keynote Address

Mr. Cisse’s remarks addressed challenges and opportunities for reform in the international financial system.

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Previous Annual Symposia

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Writing a law school research paper or law review note

Books and articles

Basics of Format & Content

Research papers are not as strictly structured as legal memos, briefs, and other documents that you've learned about in legal writing and drafting courses. For example, there is no prescribed content/format similar to to the Questions Presented, Brief Answers, etc. that you learned for a legal memo.

A general approach to thinking about the content of a research paper is:

Introduction in which you give some background and a clear statement of your thesis
Status quo -- what is the existing law and why is it a problem
Proposals for change

See this blog post by Jonathan Burns , an IU McKinney alum, for more on basic content.

If you're writing for a law review or seminar, you should get formatting instructions regarding things like margins, font size, line spacing. If you don't, or if you're doing an independent study, here are some basic guidelines to follow:

Times New Roman or similar, 12 pt font.
Double spaced lines.
One inch margins all around.
Footnotes in academic Bluebook style (use the rules on the main white pages instead of the light blue pages at the front of the Bluebook).
Footnotes in same font as text, 10 pt font.
Use Roman numerals and/or letters on headings and subheadings or style the fonts so that the difference between headings and subheadings is clear.
Page numbers in the footer, preferably centered, especially on first page. You could do bottom center on first page and then upper right in the header thereafter. Use the header and footer functions for this. If you don't know how to use headers and footers in Word, here is help: https://edu.gcfglobal.org/en/word2016/headers-and-footers/1/ .

Headings and subheadings

Research papers should have headings and subheadings. These help your reader follow your logic--and a logical structure is very important. Headings and subheadings can also help you keep your thoughts organized. Just don't overuse them--you don't want every paragaph to have a subheading.

Road map paragraph

Often, research papers will also include a paragraph at the end of the introduction that narrates the road map the paper will follow. Here is an example of this kind of paragraph:

"The section that follows [this introduction] sets the stage by recounting two scenarios from the Indiana University Robert H. McKinney School of Law, with discussion of the knowledge and implementation of accessibility features in online instructional materials. The next section provides an overview of various impairments and their effects on a user's experience of the online environment. Next is a review of the laws relevant to accessibility with attention to their potential application to online instruction, along with standards used to guide accessibility compliance. The article then explores the concept of universal design and its guiding principles, followed by a discussion of how to use the universal design principles to organize and better understand accessibility standards and practices. The final section briefly summarizes the discussion and encourages law librarians and professors to become knowledgeable and skilled in universal design for online materials to benefit all their students."

Table of Contents

A table of contents can also be helpful, though it's not necessary. If you add a table of contents to your papers, put it right at the beginning, before the introduction. Here's part of the table of contents for the same paper the paragraph above was taken from--it really just lays out the heading and subheadings with page numbers:

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Directed Research Projects

Getting Started
Preparing to Research
The Research Process

Structuring Your Paper

Writing tips, writing resources.

Checking your Sources
Getting it Published

There is no strict structure to writing a legal research paper. Unlike legal memos written for class or documents prepared for court proceedings that require formatted headings such as "Question Presented," "Statement of Facts," etc., legal research papers are not required to contain prescribed content or abide by a particular structure.

That said, below is a typical approach to organizing the content of your research project.

Introduction (clear statement of your thesis)
Background information (what is the existing law, if any)
The problem (explain why the status quo does't work)
Recommendation for change (what can be done to improve the field and how)
Conclusion (tie back to your thesis)

If you have any questions about formatting your research project, you should seek advice from your faculty advisor. Below are some basic guidelines, but keep in mind formatting requirements set forth by your faculty advisor will always supersede instructions provided here.

Generally, directed research papers are formatted as follows:

12-point font (Times New Roman or similar)
Double-spaced lines
One-inch margins on both sides, top, and bottom
10-point font for footnotes (same font as text)
Bluebook style and rules for all footnotes citations
Roman numerals and/or letter headings and subheadings (same font as text but bolded and/or underlined)
Numbered pages in the footer (same font as text)

Table of Contents

Although not required (unless your faculty advisor states otherwise), a table of contents can be helpful to provide your reader with an overview of your research paper and direct them to certain sections. Your table of contents should mirror your headings and subheadings. Below is an example of a table of contents.

When to Cite

You must include a citation every time you refer to, paraphrase, or quote a law, case, or another's work. Most of your sentences will include a citation. Additionally, when you cite to a law, always cite to the primary source.

How to Cite

The Bluebook, formally titled The Bluebook: A Uniform System of Citation , is the style manual for citing to legal documents within the United States. You should use the Bluebook for all your citations in your legal paper. The white page section contain the citation rules for legal academic publications.

Writing a Strong Introduction

Your introduction is arguably the most important section of your paper because many people will decide to continue reading based on the introduction. It must grab the reader's attention and explain why what you are writing about is important.

Essentially, the reader should be able to skim the rest of your paper after reading your introduction and have a good understanding of its layout and arguments. A good introduction should present the theme of the paper in a succinct manner while providing an overview of your paper.

Generally, a strong introduction will

State the legal problem/issue;
Describe why it is important and how your paper contributes to the discussion;
Provide a road map of your paper; and
State your conclusion.

Being Objective & Subjective

After your introduction, you should discuss background information on the issue you chose to write about. This should be an objective overview of the relevant facts and existing law. Your objective background information section should not be an all encompassing. Keep this portion of your paper focused on the essential law and relevant facts that support your recommendation for change.

The bulk of your paper lays in your discussion of the problem and recommendation for change. This is the subjective portion of your paper. In this section you should extract the relevant objective material to support your subjective analysis.

Writing a Strong Conclusion

Your conclusion should restate your thesis, summarize your major points, and remind the reader why the issue you've chosen is important. The conclusion should essentially reword your introduction in a condensed fashion.

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Next: Checking your Sources >>
Last Updated: Oct 21, 2022 4:32 PM
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Free Legal Research Resources - United States

Federal law & gov't docs, secondary sources, data sources, getting help, how to use this guide.

This guide contains selected, free, online United States federal and state legal research materials.

Many lawyers have access to paid databases. Yet, combining paid and free resources, can help them to avoid potentially expensive searches. According to a 2020 Legal Technology Survey Report, nearly 60% of lawyers “say they regularly use free online resources to conduct legal research.”

Legal Technology - ABA Legal Profile

For researchers without access to paid databases, the following resources may be essential. Legal research is often more effective when using a local law library. To learn more about law libraries throughout the United States, visit:

Local Law Libraries by AJ Blechner Last Updated Jun 15, 2023 494 views this year

Range of Materials

The Constitution

Statutes and Legislative Materials

Statutes and legislative materials are becoming available freely online, with increasing frequency. Free resources can be a great starting place for statutory research. However, always make sure you confirm your findings in an authoritative version of the law.

Supreme Court

Case Law and Court Documents

Federal case law and court documents are often available freely online, particularly recently decided cases. Check the website of the deciding court for digital copies of their cases. In addition, the following resources provide free case law.

Case Validation

Case involves ensuring that cases have not been overruled or negatively impacted by later caselaw. Case searching and retrieval through free databases is increasingly achievable. However, paid services are still most often used to validate cases. Tools that facilitate this case validation process are called citators. The best way to access free citators is through state and local public law libraries. To find a state or local law library visit:

Executive Documents

State Statutes and Regulations

Many states and localities publish some or all of their legislative materials on their website. Consider starting with the website of the state or locality in question. Remember, materials on official government websites, may not be the “official copy.” The National Conference of State Legislators provides a list of State Legislative Websites.

The sources below provide alternatives for hard-to-find state materials.

State Case Law and Court Documents

Courts are increasingly making their materials freely available online, frequently via the court website. This is particularly true for state Supreme Courts. When looking for state case law, consider starting with the website of the deciding court. The National Center for State Courts provides a list of state court websites.

U.S. Treaties

Several government-sponsored websites provide the full-text of U.S. treaties on the web. Refer to the list below for date ranges for each sources.

Foreign & International Law

For free resources on foreign and international law, see our foreign and international law guide:

Free Legal Research Resources - Foreign & International by AJ Blechner Last Updated Sep 12, 2023 428 views this year

Journal Search & Legal Opinions - Google Scholar

Google Scholar offers access to many legal documents including patents, legal opinions and journals. Use the search box below and select the appropriate options from the dropdown menu at the top left of your screen.

While many journals are only available through paid databases, high-quality, open access journals are increasingly common. The following sources collect freely available journal articles.

Books, Dictionaries, Encyclopedias, Treatises, Dissertations, Etc.

Secondary sources are also increasingly available online for free.

Federal Data Sources

Many government data sources are made available to the public for free online. Check the websites of relevant agencies or organizations to look for additional data.

Additional sources are available on the Harvard Law School Library's website.

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Last Updated: Sep 12, 2023 10:46 AM
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How to write a legal research paper: All you need to know

This article on “How to write a legal research paper: All you need to know” was written by Vridhi Rai, an intern at Legal Upanishad.

Introduction:

Law is all about analysis, critical thinking, and interpretation. Your capability to put together the analysis of the study of the issues in written form is essential in the practice of law. The research paper is one such way to express your creative and analytic thought process, your vision of the theme, and the originality of your content. The word ‘research’ means a systematic examination of material facts. It can be complex and daunting for law students. But research helps in enhancing your knowledge and cultivating your writing skills. This article will help you understand what is research paper all about and how to write a research paper.

What is a research paper?

A research paper is a piece of academic writing which is based on an author’s original composition in the research and the findings on a given theme or topic. The writing should be owned by the author himself or herself. A good research paper strives to convey the information traced by the author crisply and concisely. The paper is written to examine the theme or the provisions, present your stand on it, and showcase evidence in support in a systematic manner. The true nature of the paper shows you the purpose of the theme or topic.

What is the aim of the legal research paper?

The aim of the legal research paper can be a subjective question since the writing will indicate what the intended outcome is. There are kinds of writings that would pave a way for courts because it geared toward a certain kind of doctrinal analysis of the court’s interaction with theory and practice. The writings are done for better interpretation of the law. It could also be used to influence policy-making and generate debates. The author has a specific objective and intended audience in mind to serve.

How to write a legal research paper?

Step-1 choose a theme or topic:.

The foremost step in writing a legal research paper is to select a theme or topic for the research. Select topics that catch your attention or interest. You can pick topics addressing contemporary issues or topics for the intended audience you wish to cater to. It should be novel, innovative, and interesting. While choosing a topic, read pertinent issues from different sources. You can follow legal news to search for pertinent topics.

In case, you find difficulty selecting a topic, it will be wonderful for you to approach your professors, colleagues, and friends for consultation. Also, never feel hesitant to change the theme or topic of the research, if you feel it is not the right topic or you will not able to research the topic effectively.

Step-2 Research on your topic:

Now, your next task is to research the topic extensively on your selected topic from credible sources. You can refer to different sources by reading legal research pieces from books to online sites like SCC online, Manupatra, and Kluwer Arbitration. Always remember don’t just goggle. Use conventional sources like books and articles, these will give you a broader perspective. Read as much as you can. Reading helps you understand the nitty-gritty of the law provisions. Please beware of the research as this task can be very monotonous. You might lose motivation to perform this task. But hang in there and stay motivated to find interesting facts.

Step-3 Examine and Make a plan:

After researching, your very next step is to examine and make a plan to execute writing a legal research paper. Your research will be comprehensive with ideas. Please develop a detailed outline. Try adding notes to your research work. It can be possible that you might end up adding too much information to your paper. Highlight the key findings from your study. At this stage you are required to identify the goal of your research work, it can be either argumentative or analytic. You have to determine the masses you are wishing to address. The focus and the tone of the paper should b according to the audience you are intending to reach.

To get your Legal Research Paper written by an expert. Contact us.

Step-4 writing the paper:.

The next step is to draft the research paper. Make a final outline of the research work. The outline must have the points to describe the overview of the paper. The basic mantra of legal research is the structure of the paper. The research paper writing should be creative, clear, concise, and comprehensive. The language of your research paper should be easy to interpret. The legal terminologies and material facts are generally very sophisticated and complex. The facts, you are mentioning must be backed by shreds of evidence.

The format of the legal research paper:

The paper should have a proper format that consists of writing styles, referencing styles, page numbering, spacing, and margins. It should also include the headlines, sub-headlines, citations, or credits to the authors and the scholars.

The content of the legal research paper:

The content consists of the following:

Acknowledgment : the content of the paper should include an acknowledgment section that appreciates all the contributors to the research paper for their efforts and encouragement.

Table of contents: it includes the list of the things that you have written in your research paper.

Scope of the research: the scope or object of the research includes the reason for your study. It shows you the skeleton of your research paper. You have stated the problem or issue of the paper.

A literature survey or the sources used in the study: it includes the sources you have referred to in your study. It can be primary or secondary resources. The primary resources include books, statutes, and case laws. The secondary sources include the material you have collected from law articles, journals, and compendiums online or offline.

The hypothesis of the research: the hypothesis is the idea that is suggested to explain the objective of the research conducted by the researcher. It conveys the expectations of the researcher on what basis he started studying the issues, he raised in his paper.

Abstract : abstract shows the gist of the theme you have mentioned in your study. It is like the summary of the findings in your research regarding the theme. It should be written clearly and concisely.

Introduction: the introduction should be well-written to attract the attention of the audience toward the theme you mentioned in your thesis. A glance over the initial paragraphs gives an insight to the readers of your work. The introduction determines whether the research paper is worth reading or not. It should express the research problem, the purpose of your thesis, and background details about the issue you are referring to. It should be short, crisp, and comprehensive.

The main body of the study: the main focus of the paper is the main body of the thesis. The body should be divided into paragraphs along with sub-headings for a better understanding of the facts. Each paragraph should draw the main points of your study. It should begin with the topic’s sentences and should conclude extensively. In the main body, you can add the case laws and judgments.

The conclusion of the study: the finale of the study should include a summary of the main pointers discussed in the study, it should express your stand or viewpoint towards the research problem. The concluding para of your research can be affirmative or negative in tone. In the end, you can add some suggestive measures to your study.

References or bibliography: at the end of the paper mention the references or the sources links or sites from which you have researched the material facts.

Step – 5 edit and proofread the final draft of the research paper:

Use proper grammar, punctuation, and spelling. Proofreading will help you to find errors in your content. If you need, to make changes to the paper, check and find the logic and legality of the statement. At this stage, you check the plagiarism of your content.

The things that should be considered carefully before drafting the paper:

you need to check the validity of the judgments before mentioning them in the research paper. The validity of the bills mentioned in your study should be carefully considered. The errors related to applicability or jurisdictions should be carefully verified.

Conclusion:

Legal research is not an easy task to perform. It takes a lot of time to conduct it. Constant hard work, attention, motivation, and patience are the factors required to examine and analyze the details. It can be boring. But it will help you in brushing your skills. Your efforts and dedication toward finding more and more material facts will help in shaping you into a good researcher.

It is beneficial for law students for interpreting law provisions, policies, and judgments. It can be used as a medium to influence policy-making procedures and as a tool to aware the masses. Publication of your research papers will act as a stimulating force to your law career. It will help you build your confidence and help them transform into law professionals.

References:

How to write a legal research paper: guide: how to write a winning research paper?- Legal Desire. Retrieved: https://legaldesire.com/guide-how-to-write-a-winning-research-paper/
A helpful guide on writing a law research paper- Writing help. Retrieved: https://howtowrite.customwritings.com/post/law-research-paper-guide/
How to begin with writing a legal research paper- Manupatra- youtube channel-(video file)
How to write a legal research paper law?|research paper- Eminent law classes-(Video file)
The aim of writing a legal research paper- the art of writing a legal research paper-Rohini Sen-letter of the law-(video file)

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A Research Guide
Research Paper Topics

120 Law Research Paper Topics

How to choose a topic for your law research paper:.

Business Law Research Paper Topics:

The impact of intellectual property laws on innovation in the technology industry
The legal implications of data breaches and cybersecurity in the business sector
The role of corporate social responsibility in shaping business law and regulations
The legal challenges of international business transactions and cross-border disputes
The impact of antitrust laws on competition and market dynamics
The legal framework for protecting consumer rights in e-commerce
The legal implications of employee privacy rights in the digital age
The role of business law in regulating corporate governance and preventing corporate misconduct
The legal challenges of regulating emerging technologies, such as artificial intelligence and blockchain
The legal implications of environmental regulations on business operations and sustainability
The role of business law in promoting fair trade and preventing unfair business practices
The legal challenges of regulating online platforms and the sharing economy
The impact of labor laws on employee rights and workplace regulations
The legal implications of international trade agreements and their impact on domestic businesses
The role of business law in protecting intellectual property rights in the creative industries

Criminal Law Research Paper Topics:

The impact of mandatory minimum sentencing laws on the criminal justice system
The role of forensic evidence in criminal investigations and trials
The effectiveness of rehabilitation programs in reducing recidivism rates
The ethical implications of using plea bargaining in criminal cases
The relationship between mental illness and criminal behavior
The use of technology in preventing and investigating cybercrimes
The impact of racial profiling on the criminal justice system
The legal and ethical considerations of the death penalty
The role of eyewitness testimony in criminal trials
The impact of drug policies on crime rates and public health
The legal and social implications of juvenile justice reform
The use of DNA evidence in exonerating wrongfully convicted individuals
The role of criminal law in addressing domestic violence
The impact of hate crime legislation on preventing and prosecuting hate crimes
The legal and ethical considerations of surveillance and privacy rights in criminal investigations

International Law Research Paper Topics:

The impact of international human rights law on state sovereignty
The role of international criminal law in addressing war crimes and crimes against humanity
The effectiveness of international environmental law in combating climate change
The legal implications of cyber warfare in the context of international law
The challenges and opportunities of international trade law in the era of globalization
The role of international humanitarian law in protecting civilians during armed conflicts
The legal framework for the protection of cultural heritage in times of armed conflict
The legal implications of state-sponsored terrorism under international law
The role of international law in addressing the refugee crisis and protecting the rights of refugees
The legal aspects of territorial disputes and the role of international law in resolving them
The impact of international investment law on foreign direct investment and economic development
The legal framework for the protection of indigenous peoples’ rights under international law
The role of international law in addressing transnational organized crime
The legal implications of the use of force in self-defense under international law
The challenges and opportunities of international law in regulating emerging technologies, such as artificial intelligence and autonomous weapons

Law Enforcement Research Paper Topics:

The impact of community policing on crime rates
Racial profiling and its effects on law enforcement practices
The use of body-worn cameras in improving police accountability
The role of technology in modern law enforcement
The effectiveness of intelligence-led policing in preventing terrorism
Police use of force: examining policies and training methods
The relationship between mental health and law enforcement interactions
The impact of social media on law enforcement investigations
Police corruption and strategies for prevention
The role of law enforcement in addressing domestic violence
The use of predictive policing algorithms in crime prevention
The challenges and benefits of implementing restorative justice in law enforcement
The role of law enforcement in combating human trafficking
The impact of drug decriminalization on law enforcement efforts
The effectiveness of community-based alternatives to incarceration in reducing recidivism rates

Constitutional Law Research Paper Topics:

The impact of the First Amendment on freedom of speech in the digital age
Analyzing the constitutionality of affirmative action policies in higher education
The role of the Supreme Court in shaping the interpretation of the Second Amendment
Exploring the constitutionality of warrantless surveillance programs in the United States
The constitutional implications of the death penalty in the context of cruel and unusual punishment
Analyzing the constitutionality of presidential executive orders and their limits
The constitutional rights of non-citizens and the balance between national security and civil liberties
The impact of the Fourth Amendment on privacy rights in the era of technological advancements
The constitutionality of restrictions on religious freedom in the United States
Analyzing the constitutional implications of the war on drugs and its impact on individual rights
The role of the judiciary in protecting reproductive rights and the constitutionality of abortion laws
The constitutional implications of the use of military force and executive power in times of war
Analyzing the constitutionality of campaign finance regulations and their impact on free speech
The constitutional rights of LGBTQ+ individuals and the evolution of marriage equality
The balance between national security and civil liberties in the context of surveillance and intelligence gathering

Environmental Law Research Paper Topics:

The role of international environmental law in addressing climate change
The effectiveness of environmental impact assessments in ensuring sustainable development
Legal implications of biodiversity conservation and protection
The legal framework for regulating pollution from industrial activities
The role of environmental justice in addressing environmental inequalities
Legal challenges and opportunities in transitioning to renewable energy sources
The legal implications of genetically modified organisms (GMOs) in agriculture
The role of environmental law in protecting and managing water resources
Legal frameworks for addressing marine pollution and protecting marine ecosystems
The legal aspects of waste management and recycling
The role of environmental law in promoting sustainable urban development
Legal challenges in regulating and mitigating air pollution
The legal framework for protecting indigenous rights and traditional knowledge in environmental conservation
The role of environmental law in addressing deforestation and promoting sustainable forestry practices
Legal implications of emerging technologies, such as artificial intelligence and blockchain, in environmental governance

Family Law Research Paper Topics:

The impact of divorce on children’s mental health
The role of domestic violence in child custody disputes
Same-sex marriage and adoption rights: A comparative analysis
The legal implications of surrogacy and assisted reproductive technologies
Parental alienation syndrome: Legal and psychological perspectives
The effectiveness of prenuptial agreements in protecting individual assets
The legal rights of grandparents in child custody battles
The impact of substance abuse on child custody determinations
The legal and ethical considerations of international child abduction cases
The role of family courts in protecting victims of domestic violence
The legal implications of cohabitation and common-law relationships
The impact of social media on divorce proceedings and child custody disputes
The legal rights of unmarried fathers in child custody cases
The role of child support in ensuring the financial well-being of children
The legal and ethical considerations of assisted suicide in cases of terminal illness within families

Employment Law Research Paper Topics:

Discrimination in the workplace: Analyzing the impact of anti-discrimination laws on employment practices
The gig economy and its implications for employment law: Examining the legal challenges faced by gig workers
Workplace harassment and its legal consequences: Investigating the effectiveness of anti-harassment policies
The role of social media in employment law: Exploring the legal boundaries of monitoring employees’ online activities
Employee privacy rights in the digital age: Analyzing the balance between employers’ interests and employees’ privacy expectations
The impact of minimum wage laws on employment rates: Evaluating the economic effects of minimum wage legislation
Non-compete agreements and their enforceability: Assessing the legal limitations and implications of non-compete clauses
Workplace safety regulations and their enforcement: Examining the effectiveness of occupational health and safety laws
The legal implications of workplace drug testing: Analyzing the balance between employers’ interests and employees’ privacy rights
The rights of employees with disabilities: Investigating the legal obligations of employers to accommodate disabled workers
Whistleblower protection laws and their effectiveness: Assessing the legal safeguards for employees who report wrongdoing
The legal implications of employee surveillance: Analyzing the boundaries of workplace monitoring and its impact on employee rights
Employment contracts and their enforceability: Examining the legal requirements and limitations of employment agreements
The legal obligations of employers in cases of workplace violence: Investigating the duty of employers to provide a safe working environment
The impact of technology on employment law: Exploring the legal challenges posed by automation, artificial intelligence, and robotics in the workplace

Writing a Research Paper
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5 Key Steps to Writing an Effective Law Research Paper

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5 Key Steps to Writing an Effective Law Research Paper: Our Legal World

Writing a law research paper is much different and complex than crafting a research paper for other fields. That’s because it involves methodological research, which further requires familiarizing yourself with the current legal precedents, principles, and regulations. So, due to such complexities, students often get overwhelmed when asked to write a law research paper. And if you happen to know any such students, this blog post is for them.

Here, we’ll simplify the art of writing a persuasive research paper for law students with the help of 5 key steps. So, without prolonging this intro, let’s get to those steps.

1. Select a Relevant and Narrow Topic

Whether you want to write a research paper for law or any other field, the first step you need to perform is to select a relevant topic. This step is paramount to writing an effective research paper because it will help you form the foundation for a compelling and well-researched paper. Therefore, the earlier you complete it, the better it will be for the overall quality of your law research paper.

But choosing a topic for a law research paper is different from selecting a topic for any other writing form. That’s because broader topics are challenging to cover. Therefore, your chosen topic should be specific and relevant to your interest. For instance, you can narrow your research for a topic to a particular point that aligns with your interest or has significance in law.

Sometimes, colleges or universities assign the research paper’s topic to students. So, if this situation represents your use case, all you need to do is pick a topic according to your interest from the assigned ones.

2. Perform a Thorough but Methodological Research

Like other writing forms and research papers, thorough research is essential to write an effective law research paper. In fact, it’s the backbone of a research paper. Therefore, you should perform it, which is the second step in this guide.

But unlike other writing forms, the research for writing a law paper must be methodological. So, how can you conduct such research?

Well, existing literature can be a great starting point for the research phase of a law research paper. But other than that, you can use a plethora of sources, such as

Legal databases.
Scholarly articles.

Thus, looking for relevant data should be your priority while exploring the above-mentioned resources. But other than that, you should also familiarize yourself with the current legal precedents, principles, and regulations. Doing so will help you collect compelling evidence, arguments, and counterarguments, ultimately supporting your research paper and providing an overall comprehensive analysis.

3. Create a Well-Thought-Out Outline

Suppose you have collected a lot of information and read all the existing written material regarding your research topic. In that case, you might crown your research paper with a lot of information and get carried away. Therefore, to cope with such a situation, we recommend creating a detailed outline, which is the third step of this guide.

Creating an outline and dividing your research paper into logical sections and subsections will help you formulate a coherent and organized structure. So, do that because this way, you can convey your ideas effectively. But remember that each section and subsection you create should relate to your research question and support your thesis.

Thus, once you’ve maintained a clear flow of ideas through the logical sections and subsections, it will ultimately improve your paper’s readability, which means readers can follow your point quickly.

4. Write in a Clear and Precise Legal Language

Documents related to law are famous for their complex and intricate language. But since a law research paper doesn’t intend to educate people having a legal background only, understanding convoluted language can be challenging for readers. And this situation is especially valid when you have to discuss arguments or concepts that are intricate and nuanced. To cater to this, we recommend writing the law research paper in clear and precise language.

Whether you are developing a solid thesis statement or writing your research paper’s introduction, body, and conclusion sections, it is essential to communicate the ideas clearly. And to do that, first of all, you must avoid using complex sentences and wording. Doing so will make your law research paper accessible to the experts and novices in the field.

But if writing content in a simple and easy-to-read manner is challenging for you, you can reword your complex content with any AI-based rephrase tool . Such tools use advanced NLP and AI technologies to paraphrase sentences and simplify their complexities in no time. This will ultimately save you time in simplifying the research paper manually and improves the overall quality of the paper as well.

5. Don’t Forget to Revise, Edit and Polish Your Work

You’ve got the research and outline, which means, by now, you will have crafted a first draft of your research paper. And if you have, then it’s time to polish that draft by revising and editing it. But how can you do that?

Well, you can perform the following checks:

Carefully proofread your paper and look for formatting mistakes.
Besides formatting, don’t forget to check for grammar, punctuation, or spelling errors. But if you need any assistance, we recommend using an AI writing assistant.
Your research paper will have a plethora of arguments. So, make sure that every one of them flows logically and cohesively throughout your research paper. And also, analyze whether you’ve supported every idea with relevant details.
The first draft often contains repetitions of ideas. Therefore, you must trim them to polish your work.
Perform a check for plagiarism on the content of your research paper.
Remember to cite every source you’ve assisted in formulating your research paper’s data.
Remember to use the same citation style throughout the research paper.

Thus, by implementing these tips, you can easily polish your research paper and prepare it for the final submission.

Writing a law research paper requires dedication, meticulous research, and thoughtful organization. However, with the proper guideline, you can enhance your chances of producing a compelling and impactful paper.

So, remember to choose a relevant and focused topic, conduct thorough research, structure your paper effectively, and meticulously revise and edit your work. Thus, with practice and persistence, you can master the art of writing an outstanding law research paper that engages readers and contributes to the legal discourse.

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Law Research Paper

This sample law research paper features: 7700 words (approx. 25 pages), an outline, and a bibliography with 25 sources. Browse other research paper examples for more inspiration. If you need a thorough research paper written according to all the academic standards, you can always turn to our experienced writers for help. This is how your paper can get an A! Feel free to contact our writing service for professional assistance. We offer high-quality assignments for reasonable rates.

Introduction

Anthropological foundations of law, ethical foundations of law, characteristics of law, ancient and modern law, law in segmentary societies, law in premodern states, law of the international community.

Conclusion: Functions of Law
Bibliography

More Law Research Papers:

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Juries, Lay Judges, and Trials Research Paper
Comparative Legal Cultures Research Paper
Law of Interrogation Research Paper
Law of Police Searches Research Paper

Law is a cultural achievement of humankind. On the basis of rules that are typically connected with sanctions, it is meant to prevent or overcome social conflicts. The nature of these rules can generally be distinguished by their purpose: They either serve the purpose of deciding legal cases (rules of decision) or the purpose of conducting a legal process (rules of conduct). The foundation of the rules, too, can vary. Some legal cultures base their rules on (unwritten) traditions (common law), usually replenished with precedents of case decisions by the judge’s dispensation of justice (case law). In contemporary legal systems, however, the foundation of legal decisions is above all provided by the state legislature (statutory law). In modern judicial terms, the sum of legal norms, which forms a more or less coherent legal system, can be described as objective law. The (legally guaranteed) authorizations of the individual member of this legal system (e.g., the citizen), on the other hand, are subjective rights, guaranteed, for instance, in the form of civil rights.

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The social function of preventative conflict avoidance or reliable conflict resolution can be fulfilled, lastingly, only when law is also able to offer criteria in terms of content to justify legal decisions. Since ancient times, law has therefore been characterized not only by its sanctions but also by its reference to justice. At the beginning of Justinian the Great’s Digesta (533 BCE), a collection of the works of Roman legal scholars, it is stated in that respect: “Law is the art of the good and the fair” ( ius est ars aequi et boni [ Digesten, 1.1.1. pr.]). Similar definitions can be found in other legal cultures that have not been influenced by Roman law. Yet law also involves the “authorization to coerce” (Kant, 1996, p. 25), as we learn from Immanuel Kant (1724–1804). Both sides, coercion as much as justice, have at all times during the history of humankind decisively influenced the development of law. One essential reason for the continuously tense relationship between these two dimensions of law is the strong correlation between law and human life. Friedrich Carl von Savigny (1779–1861), a distinguished German legal scholar and the founder of the so-called Historical School of Law, once noted rightly that law had no intrinsic content; it is directed toward and, at the same time, dependent on the life of human beings. This fact displays the anthropological foundation of every law. Moreover, it bears legal consequences that are concisely expressed in a canon of ancient Roman law: No one can be obligated beyond his or her capabilities ( ultra posse nemo obligatur ). This principle is rooted in the insight that a legal norm that asks too much of an individual is simply unjust.

From the viewpoint of evolutionary biology, the development of law shows itself to be a matter of adjustment to the benefit of our own species’ self-preservation and reproduction. This concept is above all based on the findings of primatology. This science informs about the phylogenetic background of Homo sapiens and allows conclusions to be drawn about the emergence of normativity in human relationships. The phenomenon of reciprocity is of major importance in this context; it can, for instance, be observed in the social behavior of chimpanzees, our closest relatives. To meet the basic challenges of self-preservation and reproduction, chimpanzees live in social groups. The advantages are obvious: The offspring is more effectively protected, and food is more efficiently secured. Our species develops affection for the building of societies, an appetites societas. Not unlike human associations, though, living in groups is never without disadvantages. These occur whenever competition arises within the group in the struggle for scarce supplies that ultimately decide on the individual fate of the group members. Chimpanzees have obviously developed the ability to ensure a regulated exchange of goods among each other. The disposition to share goods among one another considerably depends on whether the “beggar” was, in a reversed situation, also willing to share his food or to provide the “proprietor” with other “services” (e.g., “grooming”). Generosity will generally be answered likewise; parsimony will be socially sanctioned. Chimpanzees appear to have a highly developed long-term memory for social relationships; it lays the foundations for an equipment that stabilizes the social order and that sanctions deviance, for instance, through the building of coalitions. To a certain extent, the success of social associations is the result of “chimpanzee politics” (de Waal, 1982).

But are these observations of altruistic behavior compatible with the genetic self-interest that constitutes the fundamental axiom of evolutionary biology? They are and in two ways: First of all, it should be noted that the thesis of a “selfish gene” (Dawkins, 1989) does not refer to the individual or the population. These are only “agents” of the “victorious” genes, which survive at the expense of the less suitable genes. Biological evolution is genocentric. Natural selection in principle awards features that encourage survival and reproduction—not only of single individuals but also of relatives. This is at least applicable to highly developed creatures in social associations. Here, organized forms of family support have been observed. The basis to this nepotistic altruism is consequently the self-interest of each individual’s genetic programs. Their purpose, the reproduction of genetic information, is achieved through the fitness of the family. Nepotism is oriented toward this fitness.

The self-interest of nepotistic altruism for the family is different from reciprocal altruism, which, under two conditions, can also include nonrelatives: First, in the long run, solidarity must pay off for the individual, for example, when food supply is dependent on good fortune during the hunt. In this case, solidarity serves to diminish the individual risks of life; if there is no shortage in food resources, then solidarity generally vanishes, too. Second, the mechanism of reciprocity must work out. While nepotistic altruism involves the danger of a bad investment, reciprocal altruism involves the danger of an exploitation by “free riders.” In both cases, the problem expands with the size of the group and thus endangers altruistic behavior—in the end, to the disadvantage of everyone.

From the standpoint of evolutionary biology, it is evident that (moral and legal) normativity has biological roots. Norms of reciprocity help to perform the adjustment that could not be performed within the parameters of egoistic behavioral patterns. Reciprocity is the beginning of a moral consciousness that distinguishes between factual and normative behavior. But it requires stabilization by means of specified rules and sanctions. Human ability to establish a legal system and the simultaneous need to live in such a system reveals humanity’s special position in nature. This has been evident since the natural sciences have contributed to the self-enlightenment of humankind: In terms of the objective parameters of natural science, there is not much that could distinguish humans from other life-forms. Subjectively, however, our species can do nothing other than turn itself into the center of its environment; humanity has no alternative but to build its world according to its own criteria. Max Scheler (1874–1928) tried to grasp this situation in his concept of the “openness to the world.” It is meant to denote human independence from organic bondages. Man or woman is instinct driven, but also he or she possesses the ability to say “no” in order to postpone or to sublimate his or her urges. The resulting opportunity and necessity is not merely to live but to lead his or her own life. Like Nietzsche, Arnold Gehlen (1904–1976) regards a human as the “not determined animal.” Man or woman cannot be sure of his or her surroundings; he or she lacks the protective instincts. As a result of his or her biologically deficient vesting, there are no natural habitats; everything and everybody can turn into an enemy. Consequently, a human is a being whose life is constantly at risk. Thus, humans have no choice but to create their own relations to the world and to themselves through active performance. Her or his nature is culture; this is how she or he compensates for her or his “deficient constitution.” And yet woman or man is not only defenseless against her or his environments, but she or he is also dangerous. Undetermined but driven by her or his physical desires, she or he is latently threatened by degeneration. Hence, man or woman not only has to lead his or her life, but he or she also has to be led, namely by institutions. Institutions make up for his or her absent instincts; they support man or woman by obliging him or her to behave in a given way and, at the same time, relieve him or her from the burden of incessant decisions.

Institutions can evolve and persist wherever things that are taken for granted are valued accordingly. The modern world, however, is marked by an increasing absence of customs and by a growing plurality of values. Customs and values as institution-building factors are replaced by law that is in fact free of contents but still has a stabilizing effect. Humanity’s modern world is literally a world of law. The close connection between human nature and human culture, entailed by humankind’s lack of instinct and world-openness (i.e., the idea that humans are not limited by their environment but can transcend it), leaves humankind no choice but to build humanity’s life on law.

Moral and ethical claims of today’s norms have evolved from the social history of humankind. Most notably, this is true of custom. It provides tradition with a generally binding authority to which law, too, was subject for a long time. Old law was good law. Nowadays, it is typically the other way around. Accordingly, a later law overrules an earlier law ( lex posterior derogat legi priori ). In the course of time, law has emancipated itself from customs and has become more independent. Nonetheless, law remains dependent on acceptance, approval, and discernment. The phenomenon of an increasing juridification of social life should not be regarded only as a process of law’s emancipation from ethics and morals. On the contrary, in the question about the right law and about its connection with justice, the bond between law and the prelegal foundations of human social existence recurs.

Juridification is a process that commences whenever social norms lose their effect. Above all, habit and custom belong to the social norms; fashion, too, can be part of it. While habit lives on permanence and repetition, fashion is, and must be, ephemeral in order to consistently reinvent itself. Its aim is disparity; chic and elegance is not for everyone but only for the few. Habits are unspecific in this regard; one has a habit, or one does not. But a particular habit can only rise to a common law if it is shared not only by the individual but also by the majority. In the English language, this is expressed in the differentiation between habit (of the individual) and custom (of the group) (French habitude, coutume; Latin habitus, consuetude ). As opposed to habit, custom, just like the law, claims to be valid for every member of a given group. It is therefore oriented toward equality. Religion constitutes its own category of ethical norms.

The Greek term ethos illustrates the close bond between habit and custom as it is related to “habitation”: One can get accustomed to various habits. However, habit requires more than just a superficial adaptation; namely, it requires a certain inner attitude. From this, a basic attitude can evolve that shows “character.” This, too, is covered by the meaning of ethos. Accordingly, character always has to be formed first. The virtue whose ethos keeps law and ethics together is uprightness. It illuminates the ethical meaning of being right; namely, being right is to strive for the establishment of a system based on law. A dogmatic attitude, however, destroys such an order as it gives the desire to be right precedence over the right itself.

Moreover, it is part of the ethical foundation to give reasons, not only for a court judgment but also for all forms of institutionalized legal decisions. The obligation to state reasons directly results from a particular concept of justice and consequently from an ethical commandment. As per Aristotle ( Nicomachean Ethics, V 3, 1129b), justice is “perfect virtue, though with a qualification, namely that it is displayed toward others.” It is perfect, “because its possessor can practice his virtue toward others and not merely by himself.” For the judge, who can decide in favor of only one party, this means an obligation to state reasons above all toward the unsuccessful party. The winner of a lawsuit does not usually care too much for grounds; thus, the loser will ask for the grounds. Owing to the judge’s commitment to law, these grounds must be deduced from positive law. The reason for the grounds, however, is not of a legal nature but of an ethical one; this is to ensure a continuously peaceful social existence of those who were having a conflict with each other while insisting on their (assumed) legal right. The realization of fair proceedings alone, which allows each side to present their views and to be heard ( audiatur et altera pars ), contributes to this appeasement. A prudent judge will attach less value to the applause of the successful side than to the silence of the unsuccessful one. The procedural law obligates the judge only to the stating of reasons. The quality of these reasons is up to his or her professional ethics. It requires an appropriate translation of the judicial into the layperson’s language and a comprehensive conveying for the unsuccessful side. In some cases, the latent tension becomes tangible between law’s rationality and predictability on the one hand and the respective demands for material justice of all litigants on the other hand. For an appropriate decision, much will then depend on the judge’s ability to meet the ethical foundations of law.

This problem has a long history. Basically, there are still two opposing notions: Legal positivism takes the stand that the legal concept is to be understood as not including moral or ethical elements. Law is regarded as being separated from these values. Following the logic of this separating thesis, law can have any given content. The positivistic legal concept solely depends on whether a law was created in accordance with regulations and whether it is socially effective. Those who, beyond that, require the legal concept to create a just law, follow the tradition of the theory of natural law. They associate law with a claim for correctness in terms of its content that cannot be given up without giving up the legal concept itself.

In the course of time, law has occurred in many places in various shapes. Not only norms have changed and multiplied, but also legal institutions have been extensively transformed. Yet there is no shortage of attempts to define the characteristic element of law. Three approaches are of particular significance.

The first concept holds that law’s characteristic is founded on its abstract rules. This view can advert to a long historical/cultural tradition, such as Hammurabi’s Code (ca. 1760 BCE) or the Roman Twelve Tables of Law (ca. 450 BCE). The theories of natural law have also contributed to this opinion. Through Stoicism, natural law had first found its way into the philosophy of ancient Greece and later into the works of the ruling classes of ancient Rome. Cicero, for instance, adapted the idea that human life is subject to the purpose of a highest law. This legal concept is the starting point for a hierarchy of law, with the three components being eternal law ( lex aeterna ), natural law ( lex naturalis ), and human, or positive law ( lex humana, or lex positiva ). In antiquity, eternal law was understood as unchangeable and inevitably valid for everyone. Positive, or human law, contains all those norms that determine the social life of the respective society. Natural law, in turn, comprises all norms that humans and peoples reasonably share.

The notion of a legal hierarchy has gone through many enduring transformations. Among others are those that were introduced by Christianity, particularly by the influential doctrines of Augustine of Hippo (354–430) and Thomas Aquinas (1225–1274). Both do not interpret the lex aeterna as a cosmic principle but rather as the expression of God (there still are disagreements as to whether this must be interpreted as divine reason or divine will). Mutatis mutandis, the concept of a hierarchy, can also be found in modern legal systems. Examples include the precedence of international law over national law, the special status of human rights in democratic states, or the enhancement of the constitution (e.g., by the Supreme Court in the famous decision Maryury v. Madison, 1803) to the “supreme law of the land.”

Modern legal theory has seen many attempts to describe law as a coherent system of norms. The most notable representatives include, among others, John Austin, H. L. A. Hart, Ronald Dworkin, and Hans Kelsen or, more recently, Robert Alexy and Joseph Raz. Within the transatlantic discourse, the theory of Kelsen (1881–1973) has proved particularly influential. The center to his analytical reconstruction of an objective legal system is a norm pyramid: An individual legal norm derives its validity from a higher norm and itself validates a lower-ranking norm. To solve the problem of an infinite regress, Kelsen introduced the so-called hypothetical basic norm. This norm serves as a transcendentallogical condition for the coherence of a legal system. A norm is part of a legal order only when it can be deduced from the basic norm.

A fundamentally different view was held by Eugen Ehrlich (1936), which he also developed through the examination of Kelsen’s “pure theory of law.” According to Ehrlich, it is important to comprehend the “living law.” By this, he understands those rules that the citizens actually comply with. This law had to be differentiated from the “laws in the books,” as well as from laws and their concretion, through legal practice. For all these norms could not force a certain human behavior but are themselves dependent on the effective rules of social behavior. Bronislaw Malinowski has made a similar attempt to define law from the reality of community life and, above all, referred to the obligating power of reciprocity.

The third version sees law as those principles that can be deduced from the decision of legal authorities. Significant preparatory work to this was, among others, produced by Karl N. Llewellyn and E. Adamson Hoebel. Oliver Wendell Holmes (1897) put this concept in a nutshell: “The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law” (p. 461). While in the first version, law is determined by norms and the legal system, in the second version, law is determined by social effectiveness. The former could be termed normativism, the latter vitalism. The third version regards itself as belonging to realism as it defines law according to the actual behavior of authorities. As opposed to the other two approaches, legal disputes become the center of attention. From this perspective, law is different from politics, as well as from customs and morals.

The realistic approach, just as the vitalistic approach, regards law as a social phenomenon. But it is not only the community’s compliance, which this approach examines, but also the realistic approach does not differ from custom. The focus is mainly on the authorities’ actions in case of conflict. These do not perform only a regulating function qua mediator but also offer an orientation for the citizens. Normativism and realism generally agree about the regulating function of law. To realism, it is less a result of norm parameters than it is the task of the institution, which finally has to apply the law to a case. For the obligation of legal application, especially in the light of social changes, the judge needs the faculty of judgment and creativity. However, the judge’s role is usually confined to understanding the social dimensions of a dispute between opponents, to transforming it into a legal relationship, and to settling it by means of law. Lawsuits are about the actual claims of the parties involved as well as the reestablishment of a symmetric legal relationship among them. Advanced social interventions are the responsibility of the government. In modern societies, politics typically makes use of the law to realize its targets. Yet by using the law as an instrument, politics also submits to the legal form that is, above all, the prohibition of arbitrariness (which is guarded by jurisdiction in modern constitutional states, above all by administrative and constitutional courts).

Its connection with authority also distinguishes law from other social behavioral norms, such as customs and morals, whose sanctioning mechanisms are, typically, hardly institutionalized. If and to what degree sanctions occur, in the case of norm violations, are not certain. The authority of law, on the contrary, is decisively based on the certitude that law is also enforced. It otherwise represents dead law. By no means does a sanction always have to imply coercion or physical force. A sanction’s form is not essential but the effective implementation of the decision is. For example, the Inca civilization’s prevailing penalty for community members consisted of corporal punishment, including the death penalty. However, the Inca nobles were punished with public exposure and removal from office, as they feared social death more than physical death. Modern constitutional jurisdiction is another example of effective sanctions: Constitutional courts cannot force the government to comply with their decisions. Finally, it is the court’s authority with regard to constitutional issues that the government submits to. If it does not comply, then the government’s action would most likely result in a bad public reputation for intending to practice unlawful politics in a state based on the rule of law. However, this requires the court to present itself to the public as a reliable guardian of the constitution by making equitable and wise decisions.

Evolution of Law

With the establishment of modern statehood, law changes its character. Ideally and typically, the differences can be described as follows: Prestate societies often aim at solving conflicts by reaching a consensus among the opponents during negotiations. If they fail in this attempt, then physical force is usually applied as a means of self-help. Law in modern societies, on the other hand, provides for judicial proceedings in litigations. In case of need, law is enforced by state power. Modern states can resort to a differentiated system of institutions. On the norm level, law is abstract and impersonal; it is valid for everyone in the same way and it does not regard differences in status or reputation. Thus, individuals have to take responsibility for their actions. He or she knows what to expect when violating a norm. Punishment is based on this transparency and predictability. For what reasons the individuals comply with the rules is insignificant to the law.

This distinction between exterior behaviors and inner motives is largely unknown in prestate systems. In the case of norm violation, the entire person will be regarded, not only his or her actions. Strictly speaking, the individual is not only solely responsible for his or her own behavior but also is part of a family that is just as much affected by the dispute. Every sanction has to bear this in mind. Finally, it is less about a personal punishment than it is about compensation in order to maintain the social system.

Owing to these differences, there is a long history of debates between historians and ethnologists about law as to whether the norms of prestate societies should be regarded as law or customs. By now, the views tend to accept that (in these orders) laws, morals, and customs cannot be reasonably discriminated. These elements, rather, display a process in the course of which the several fields slowly differentiate.

The order of segmentary societies is organized through extraction and kinship. These societies usually consist of small communities (villages, tribes, etc.), which live in separated areas. They lack a central political authority; each community autonomously governs its social life. The regulating norms form a mixture of religion, custom, and law. In hunter-gatherer societies, the need for legal regulations is only very low and primarily occurs in the spheres of matrimony and family. Violations of the incest ban are punished as a severe offence against the community. Adultery, assumed or actual, is among the most prevalent conflicts. Property, on the contrary, is seldom a cause of quarrel. Hardly anyone owns something that would not be owned by the others. There are scarcely incentives for covetousness; probate disputes play no role at all.

The necessity for regulation increases with the change to agriculture and settledness. The population grows and with it the significance of lineages and clans. These are the actual bearers of rights, which now increasingly refer to property and particularly to real estate. The land or the livestock belongs to the clans; they are the owners, but individuals are not. Without their association, the individual is not only poor but also defenseless. In the absence of a state monopoly on force, it is the lineages that guarantee the individual’s security, namely through the threat of a blood vendetta.

To threaten in this manner with a maximum of vengeance follows the principle of deterrence. De-escalation is therefore a major requirement for all sides. There is no norm violation that could justify an endangerment of the community as a whole. A blood feud not only destabilizes the system within but also weakens the community outwardly. Although the individuals may not live in a so-called state of nature, the respective communities do. There is no valid law or custom beyond the community “segment.” In this no-man’s-land, life is, as Thomas Hobbes put it, solitary, poor, nasty, brutish, and short. The responsibility to maintain peace within the community is all the higher; law is oriented toward this. In case of a norm violation, it is therefore less relevant to impose sanctions than to compensate for the detriment incurred or to requite in the same way through the ius talionis (“an eye for an eye”). If very serious crimes are committed, then the community as a whole unites against the culprit in order to prevent a spiral of violence. Furthermore, various norms are provided to obviate violence and to secure peace: Among the most famous are the asylum by the leopard-skin priest, purification ceremonies, and negotiations of expiatory payment, and so on.

This kind of self-regulation without political order can be kept alive only within small spaces. With spatial extension, a political form of governance evolves that is in effect founded on the precedence and subordination of lineages and clans. The reasons for these processes can vary, but they mostly lie in the person’s charisma to which certain skills are attributed. The respective clan can turn into a chiefly lineage if it succeeds in connecting the myth of a special governance competence with the myth of a special derivation (of gods or heroes). A chiefdom can comprise multiple levels, each with one hierarchical top (headman, headwoman, chief). The paramount chief is distinguished by a series of privileges to which only he or she has access (tributes, trade with prestigious objects, claims on the prey, etc.). For it is he or she who exclusively possesses direct admission to the gods. Owing to the paramount chief, the gods are well disposed toward the people and present them with fertility, rich harvest, and victory in case of war. It is also the paramount chief who makes the final decision to end disputes. These cases are of particular importance, and that is why his or her judgment usually avoids a distinct decision. The paramount chief, too, is primarily concerned about fathoming out possibilities for reestablishing social peace. To this end, it can now and then be advisable not to make his or her own decisions but to consult the gods directly through oracles or ordeals.

Yet the paramount chief’s status is fragile for three major reasons: His or her competition arises from within his or her own family, as every member of the chiefly lineage is principally able and entitled to take over the rule; although the paramount chief can protect himself or herself from a coup with personal life guards, she or he cannot prevent enemies from having the same guns at their disposal (bow and arrow, spear, and shield cannot be monopolized, but they can be independently produced by anyone); and finally, it is not in his or her hands whether the gods maintain their well-disposed attitude toward her or him. Plagues, crop failures, and other forms of disaster inevitably initiate considerable doubt about his or her rule. Rise and fission of this kind of political rule are very close.

The premodern state differs from segmentary societies and from the chiefdom in its institutionalization of political order. The information and decision-making processes become structured and are organized hierarchically. First and foremost, this is done by the establishment of a bureaucratic administration. The introduction of the written form of communication permits the collecting and processing of larger amounts of information. Archives provide experiences for future decision making, and reforms can be compassed on a grand scale. Information is gathered from bottom to top, but decisions are carried out from top to bottom. This rationalization creates space for delegation and results in a differentiation of politics: It is not only guidance, for it also turns into an organization whose routines ensure the functioning of the political association.

The organization’s effect can be felt in every scope of the state; taxes lose their character of donations, which are connected with the expectation of reciprocation (they become charges, which are mandatory duties for the financing of the state). The level of physical force within the society is lowered; it becomes illegal to take the law into one’s own hands or to feud with another citizen. The state monopolizes the instruments for the use of force, regulates the equipment of the army, supervises the arms production, and arranges for the logistics of the forces. The power to secure peace and order is not anymore in the hands of clans but rather lies in the organizing authority of politics. Lasting changes can also be observed in the field of jurisdiction: The establishment of the written form fundamentally alters the character of law. The gain in clarity is accompanied by a loss of flexibility. This generally results in an enhancement of the written text in law; some states (e.g., imperial China) even cultivate a legalistic tradition. Yet the character of the legal culture also depends on the institutionalization of jurisdiction. In ancient Rome, courts continue to play an important role under the modified conditions of the written form. In the democratic polis of Athens, however, courts are an instrument of self-help for the parties of the litigation; moreover, their character as true mass events (up to 500 judges participate in a usual hearing) necessitates a strict formalism that has not displayed much impact on the development of law contents.

Just as in segmentary societies, the law of premodern states significantly contributes to the preservation of the social order. This order, however, is marked by social differences in status. The chiefdom was already based on relationships of precedence and the subordination of clans; in premodern states, the social stratification increases. Law is primarily a question of status. The upper classes possess exclusive access to public offices and hence to political power. The lower classes, including peasants, tradesmen, and merchants, hardly possess any rights. Slaves are without any rights at all; the homicide of slaves by someone who is not their owner, at the most, results in a responsibility to compensate for the loss. Other parts of the society are also excluded from law, as they are not able to claim their own rights. Among them are mainly women and children but also wards (clients). All of them are subordinate to their protector according to Roman law, the pater familias, or the patron, who represents them before the court or at other institutions. Within this static order, the individual scarcely has opportunities for advancement. One is born into one’s fate, and this fate is cemented by the law. Correspondingly, being marginal is the significance of legislation. Law does not serve to regulate social transformation but rather to secure a social order that is founded on inequality.

Law in Modern States

Caused by dramatic social upheavals, the processes that lead to an increased concentration on lawmaking accelerate during the 16th century. Law is still seen, in general, as an expression of divine will, but as a result of religious division, the certainty about the content of this will begins to dwindle. Rather, this issue becomes the object of a dispute that irrevocably splits the Christians’ unity and leads to the destruction of Europe during the Thirty Years’ War. More and more, the idea prevails (which had already been proclaimed by Bodin, Hobbes, and others) that law alone cannot ensure peace. Peace also requires politics, more specifically, a sovereign power that holds the reins of law and justice in its own hand. Thus, law becomes an object of human creation and an instrument of a constantly growing political will to create. This is the beginning of the politicization of law. From the mid-16th century to the early 19th century, law serves more and more to consolidate the peacekeeping system of the territorial state, to reduce privileges, to control jurisdiction, and to centralize administrative structures. In the course of these developments, legislation continuously increases in importance; as a consequence, the relationship between law and politics begins to shift. Law, formerly an expression of the concept of justice, becomes less important as a binding parameter for political orientation. Whatever remains of the concept of justice is turned into nonbinding natural law, which does not endanger the legislative sovereignty of the ruler nor its peacekeeping, system-securing effect.

With the rise of the bourgeoisie as a political power, the situation changes as was manifested in America’s War of Independence (1775–1783) and in the French Revolution (1789–1799). The claim to power as a divine right is challenged just as vehemently as the state’s unrestricted authority. Instead, all of a sudden, it is a “self-evident” truth “that all men are created equal [and] that they are endowed with certain unalienable rights,” as the Declaration of Independence written by Thomas Jefferson stated in 1776. The firm belief that society can rule itself for the greater public good is the common core of the different strands of liberalism. To the liberals, law becomes a guarantor of individual liberty, that is, equal rights for everyone and not privileges just for the few. After all, it is the people, the citizens, whose cumulative effort forms the whole of society. Accordingly, people must also be granted the right to political self-determination as put forth by Abbé Sieyès in his famous pamphlet Qu’est-ce que le tiers État? (1789). It has since been the legacy of the Enlightenment era that political power can be justified only when its claim to power is democratically legitimized and legally limited. This is only one element that contributed to the process of the juridification of politics.

The other main element is the constant expansion of legislative activity in response to tremendous social transitions, for the most part caused by the Industrial Revolution. While the growing social demands intensify the political process by increasing the number of political decisions as well as their purview, an internal hierarchy is established within the European legal system. It differentiates between two principal levels of law: statutory law, which is enacted by the legislative power, and constitutional law, which is enacted by the constituent power. Constitutional law provides a regulatory framework for the establishment and purview of statutory law, but it is kept safe from a hasty interference of politics. The creation of a constitution itself differs fundamentally in its historic importance from the everyday passing of laws in a constitutional state. Most states store their own historical “constitutional moment” (Ackerman, 1989) in their collective memory. Furthermore, amending the constitution requires in most countries a much more complicated and consensus-oriented process than changing laws. This internal hierarchy between constitutional law and statutory law enables a mutual dependence of politics and law. It empowers the lawmaker to act politically, swiftly, and effectively in order to change or adapt the law according to his or her own ideas and to even create a completely new legal situation. Nevertheless, he or she must adhere to the constitutional requirements.

The sovereignty of states, which arose from the close connection between politics and law, is also of major importance in international relations. Sovereignty dominated classic international law, which came into being with the Peace of Westphalia in 1648. Until the beginning of the 20th century, international law was primarily interstate law, resulting from agreements among individual states. Rules and institutions at the international level were subject to the principle of unanimity; nothing could be implemented against the will of a state. In this regard, every state was equal in sovereignty. The sovereignty was primarily documented in the right to wage war ( ius ad bellum ). The disaster of World War I, however, led to a change of views. The League of Nations (1920) was a first attempt to transform the unrestricted right into a partial ban on war. The Briand-Kellogg Pact (1928) went even further and aimed at a general outlawing of war. But not until after World War II was the time ripe for a substantial modification of classic international law: With the Charter of the United Nations (1945), a general prohibition of force has been introduced, complemented by a global obligation to ensure peace. The multitude of transnational players and international organizations has already at the time of the Cold War (with its debilitating consequences primarily for the UN Security Council) resulted in an advancement of international law. It has become an “international law of cooperation” (Friedmann, 1964, p. 251). International human rights are increasingly established as the critical criterion for international politics.

Since the end of the Cold War, the challenges of globalization can no longer be ignored: It is manifest in the daily, global forms of communication (e.g., the Internet) and traffic (e.g., the international employment market); it appears in the form of ecological problems (e.g., climate change), which overtax the individual states as much as economical issues (e.g., unregulated financial markets).

The state’s power is no longer sufficient to protect against threats coming from inside and outside its territory (e.g., international terrorism). As these key words illustrate, the sovereignty of the state is put into question. It once was the expression of the connection between law and politics in a state; now, however, social systems and political fields begin to disengage themselves from statedefined (territorial) frameworks. Politics is increasingly dependent on transnational players, which are organized in networks and equipped with their own negotiating power. Foreign relations are no longer a government’s prerogative.

From this, crucial challenges for international law follow whose further development is part of the paramount tasks of the international community; international law has to enhance and consolidate those processes that stay abreast of the diversification of players as well as of the extension of activity levels (this also includes the divers regional orders as an autonomous level within world politics). This will require a reconsideration of the relationship between universalism and particularism in international law. The crucial question in this regard is, How much legal pluralism is possible, and How much constitutionalization of international law is necessary on the way to an effective legal order that would be worthy of the name “law of mankind”?

On the way to this effective legal order, international law has already partly developed into a regulatory law of the international public order. The sovereignty of the state is no longer an insurmountable barrier toward the international protection of human rights. The international community can and must intervene in case of gross human rights violations. This self-commitment of the international community constitutes a major break in international law. It will succeed in justifying this, though, only if the interventions themselves form an inevitable step toward the juridification of international politics. The guiding principle of legal reason is to exit the state of nature as Immanuel Kant stipulates. And he adds that as long as a free society based on law is not realized, it can, under certain circumstances, be permitted to coerce another person to exit the state of nature and to enter into the civil society organized by the rule of law. The obligation of international law is to clarify the conditions of these permitted compulsory measures. This would be a main contribution to the strengthening of international law’s legitimacy.

Abstractly speaking, the specific function of law is to protect the (normative) structure of expectations within a group against disappointments. This is primarily done by means of sanctions, which are imposed in case of disappointed expectations. At the same time, sanctions serve as incentives for the community members to fulfill the generalized expectations. The prerequisite for a socially effective, or “living” law, is not merely its standardization but also its institutionalization. Both developments are closely connected; they facilitate a division of legal work that is of major importance above all for the modern law. Under the conditions of an increasingly complex society, the uncertainty is growing as to what is expected of the individual and if this expectation is shared by others. Law tends to reduce this uncertainty by providing general rules of conduct, which are directed at everyone. The more abstract the standardization of behavioral rules becomes, the more necessary is the individualization of case decisions by appropriate institutions. The history of law is therefore as much a history of standardization as a history of institutionalization.

The invention of a triangular relationship is of crucial importance for the institutionalization of law. It consists of two conflicting parties and one impartial person, or institution, with the obligation to settle the dispute. The character of the third person can vary (judge, chief, council of elders, etc.), but its function relieves community life in several ways that can ideally and typically be summarized as follows: First, the mediation by a neutral third person represents an alternative to the logic of mutual vengeance. On principal, this contributes to a decline in violence and consequently strengthens a community’s integration capacity. Second, the function of the judge marks the beginning of an institutionalization of social roles that structure the distribution of power within a group. Socially accepted behavior and legally protected expectations connect and stabilize themselves in the respective roles; and the roles themselves forward the anticipation of sanctions and typically increase the self-domestication of the group members. This supports the interplay of leadership and followers and decreases arbitrary behavior on both sides. Third, the repetition of the application of the law and the law enforcement are augmentative, in terms of the reliability of expectations, provided that the dispensation of justice will lead to the same or to very similar results in the concrete case. This incentive can encourage the authority’s self-commitment to precedents. Furthermore, it can be a stimulus to the development of legal equality within a group, for law lives (as opposed to the privilege) not on the exception but on the rule.

Sir Henry Maine (1822–1888) regarded the transformation from law based on privileges to law based on equality as the evolutionary principle that is ultimately decisive for every legal system. His formula “from status to contract” is nowadays regarded with skepticism because of its strong teleological connotations that do not leave much room for cultural diversity. But it still expresses a valid idea: Law displays a tendency toward formalization itself. The exceptions to the rule are also put into a legal form and are, consequently, incorporated by the law. It does not turn blind to the necessity of exceptions; however, as part of legal rules, they require an intense substantiation. The limits are typically reached when the exception is reinterpreted to become the rule. Such cases raise problems of justice that let law appear to be arbitrary and thus illegitimate. According to its own intention, law forms the counterpart to arbitrary decisions as it can otherwise not fulfill its function of protecting expectations even in the case of norm violations.

The problem of arbitrariness illustrates that law’s main function, its protection of expectations, can be concretized and differentiated into a regulating function and a directing function; one is oriented toward stability, the other one toward justice. Both functions are connected: To the same degree to which a political order is based on acceptance by the citizens, the question about the legitimacy of law gains in influence for a system’s stability. Examples of historically far-reaching consequences include the great revolutions of the United States (1776), France (1789), and Germany (1989), a comparatively young example. Below these major caesuras, the pursuit of legitimate law continues. At all times, this has also been a quest for (social) justice and has thus fostered the struggle for law in modern legal systems.

For some, the field of tension between the ideal of legal equality for all citizens and the socioeconomic inequalities in modern societies presents itself as a productive challenge; to others, on the contrary, law is merely an instrument that is supposed to conceal or stabilize social inequalities in the interest of the ruling classes. These differing ideological views explain that, with institutionalization progressing, law is attributed further functions within the political system: on the one side, the function of authorizing political power; on the other side, the function of controlling political power and civilizing it. Historically, the state’s gain in power by the combining of law and politics has evoked countervailing powers that are, nevertheless, dependent on law: Liberalism and constitutionalism see law as a suitable instrument for confining politics’ claim to authority. This balancing of law and politics is based on a constant mutual adjustment that has led to a considerable juridification in all areas of modern social life.

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UCL LLM graduate, Dheemanth Vangimalla, wins an international research essay prize

3 April 2024

UCL Laws LLM graduate, Dheemanth Vangimalla, wins the top award in the 4iP Council Research Awards 2023 for a paper based on his LLM research dissertation.

We are delighted to announce that Dheemanth Vangimalla, a recent UCL Laws graduate of the LLM in Intellectual Property Law has received the top award in the prestigious 4iP Council Research Awards for 2023 for his paper entitled ‘Plausibility and the flotilla: have the English courts drifted from the commodore’s approach to the evidential requirement for patent validity, and if so, is this divergence justified?’

The 4iP Council Research Award is an international research competition for European University students studying at Masters and PhD levels. It seeks to promote new ideas on topics pertinent to the interplay between intellectual property rights and innovation. Submissions, based on a student’s Masters or PhD research, are assessed by 4iP Council’s Research Award Jury made up of intellectual property experts from academia, government and industry. The papers are evaluated based on criteria including:

Original thinking that broadens the debate on the chosen topic;
High quality written expression; and
Relevance to current IP problems and debate

and up to three prizes are awarded (winner and two runners-up).

In his winning paper, Dheemanth considered the origins of ‘plausibility’ and explored the evidential requirement that the term represents. His research revealed that there is divergence between the EPO and English courts in the evidential standard applied by the two decision-making bodies when assessing patent validity. He argues that the English courts adopting a higher standard lacks cogent justification as the standard neither reflects a balance between the competing objectives of the patent system nor limits a plausibility assessment to its targeted mischief.

This paper was based on Dheemanth’s dissertation for his LLM in Intellectual Property Law, which was also recently awarded the IBIL Prize for Top Performance in an IP-related Research Essay on the LLM . During his LLM, Dheemanth was supervised by our IBIL scholarship PhD researcher, Joshua Bradley .

As part of the prize, the winning essay has been published on 4iP Council’s website , which will be accompanied by a podcast interview with the winners in due course.

Having completed his LLM in the summer of 2023, Dheemanth has been working as a Research Assistant at the UCL Institute of Brand and Innovation Law (IBIL), while also completing his bar exams. He will join Three New Square Chambers in the autumn as a pupil barrister.

Read Dheemanth’s paper here .
Find out more about the 4iP Council Research Awards .

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