A Guide To Forming a Strong Argument for Law Essays

Have you ever received feedback like, “Lack of a clear opinion” or “What is your point here?”? This often indicates that your essay lacked a strong, well-developed argument.

A strong argument is the backbone of any successful law essay or problem question. It demonstrates your ability to think critically, reason persuasively, engage with legal principles, and present your ideas clearly. Building a strong argument involves understanding the law, forming a reasoned opinion, and using credible evidence to support your points. Here’s how:

Understand The Question

Before you begin to write an essay, you need to understand exactly what the question is asking for. Missing this will render the rest of your work futile, so always make it a priority to dissect the question. There are usually clues to this. In an essay question, there would be ‘themes’ to look out for. For example, if the question mentions important concepts like ‘constitutional reform’, or ‘shareholder activism’, you should make sure to address what this means (give context), and then work towards forming an argument on the question.

Plan Before You Write

Take time to outline the structure of your essay before beginning. Jumping straight into writing without a plan can result in a poorly organized structure. From the start, decide how many paragraphs you’ll dedicate to each point. This approach ensures your arguments follow a logical flow, and no key information is overlooked. Your outline should include your main arguments, counter arguments, and supporting evidence.

Develop a Clear Thesis

Firstly, what is a thesis? A thesis is your central argument. It is the general point you are arguing. In an essay, this would be either for or against the premise stated, or even agreeing or disagreeing ‘to an extent’. This should typically be stated in the introduction, after briefly addressing the question with either a definition or an overview. It should be clear and concise, so that the reader will know what to expect from your answer. Thus, a clear thesis gives your essay focus and direction.

Example – “This essay disagrees with the premise that…” or “This essay argues that….”

Structuring Your Argument

It is always important to follow a standard structure for each paragraph of your essay. This is because each paragraph should address a ‘sub point’, a reason why you agree or disagree with the premise. You do not necessarily need to use a standard structure for your paragraphs every time, but it is generally recommended to always use one as it helps to organize your thoughts and create a well rounded and compelling argument that is clear, concise, consistent and easy to follow. A recommended one is the PEEL structure.

Point – This should be your topic sentence. If you agree or disagree with the premise, you should state one reason why.

Evidence – Bring in a credible source here, that explains your point, supports it or gives it context. In law, this could be case law, statutes, journal articles or books. You can agree with the information in your source or disagree. The most important thing is for it to be clear why you have included that source. This will be expanded in the next section.

Explain – You need to then explain why you disagree or agree with the source. You can do this with words that show your stance E.g, “Smith makes a compelling argument that the sky is blue because ….”.  You can also bring in another source to contradict, support or give further context for the source you included in your evidence. This is called ‘synthesis’. It shows that you are critically evaluating different sources, to reach your own conclusions.

Do not be afraid to critique an author or even a judge’s reasoning. This is encouraged. Critiquing does not mean simply disagreeing, it means questioning. If you agree with an author or judge’s reasoning, always explain why, and make sure it relates to your central argument. Most people fail to do this, and this is what leads to comments like ‘what is your opinion here?.’ So remember, do not just list what other people have said with no explanation, make sure to question it. It is okay to say “this argument is flawed” or “this argument does not capture the full picture because…..” then go on to explain your reason. Take a look at some words and phrases in the Manchester Phrasebank that can help with this.

Also, use critical analysis to ensure that you go behind summarising legal principles – explore their implications, inconsistencies and potential reforms. For example, instead of stating that the court rules in favour of X, explain why the judgement was significant, and whether you agree or disagree with the decision.

Link – Lastly, make sure you always link your point back to the question and your central argument. You want to avoid the comment; ‘so what?’ which shows that you have not linked your point back to your argument.

Remember, this structure is not the end all be all. It is perfectly acceptable to use different methods, so far as your argument always shines through your writing. For example, you can begin with a source, as your topic sentence, if it is an idea that clearly supports your argument.

Tip 1 : Ensure you cover key areas of the question, but do not spread your argument too thin by trying to cover as much as possible. Focus on developing a few points thoroughly.

Tip 2: Always check that each paragraph addresses the question and contributes to your central argument. Remove anything irrelevant.

Addressing Counter Arguments

Addressing counter arguments is important to show that you have considered the full picture, and that you have anticipated differing opinions to yours. In law essays, this is almost always expected. Some questions will almost explicitly expect you to address counterarguments, while it may be less obvious for others. Generally, it is something students should always consider when writing essays.

Structure – Maintain the PEEL structure for this purpose. In the explain section, you can then address why you do not think those arguments are strong. Give evidence for this. Use words like ‘However’, to signal your own opinion. E.g Smith argues that the sky is blue because ….., However, it does not address the …”

Clarity

Avoid using extensive vocabulary or overcomplicated language. This is often more counterproductive than expected from most people. Instead, focus on using clear and concise language that ensures your argument is easy to follow. Be direct and replace phrases like “It is believed that” with “this demonstrates”.

Cohesion

While each paragraph should address a separate point, make sure to find ways to link these ideas together. After all, your paragraphs are sub points of your main thesis. Think of it like a mind map. You have your central idea in the middle, with your sub points connecting to it. Your points should follow on from one another. It should ‘flow’. Try to make sure it is not too ‘mechanical’ by only inserting words like ‘secondly’ or ‘furthermore’ in between isolated paragraphs. Let each paragraph lead effectively to the next.

Referencing

Always cite your sources correctly to strengthen your argument, provide credibility and avoid plagiarism. For law students, the OSCOLA referencing style is mostly preferred, but make sure to follow your own institution’s referencing guide.

Final Tip:  

Look at any sample essays that your university has provided, and try to compare. How does the writer express their opinion? What words show clarity of argument? What structure was employed? Most essays that get a high mark almost always have this sorted.

By implementing these tips, you can craft essays with clear, strong arguments that engage critically with the question, and will impress any marker. Remember, the key is to not just state what others have said, but to engage with their ideas and present your own perspectives confidently.

Article written by Constance Eke, LLB graduate from the University of Leeds and current LLM student at the University of Sheffield