research papers in law

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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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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A step-by-step guide to writing a Research Paper

The article is written by Bodhisattwa Majumder , from MNLU, Mumbai.

DISCLAIMER : I am not a professional. I am a penultimate year student who takes genuine interest to learn and help others. Every word of this article is based upon my personal experience, and expert advice which I have gained from the Internet, and certain kind individuals whom I have interacted with in my internships, college and LinkedIn. This article is for beginners, who think they have no clue about legal writing.

Table of Contents

Select a topic first, Not the publisher

Yes. Select a topic first. Don’t choose the end first, basing your research topic on a “Call for Paper” would be limiting yourself to their demand, rather than flexing your passion and comfort. Trust me, you will have a lot of journal choices for any type of law you choose.

Take caution! Don’t try to convert your Moot Court Memorials or other assignments into research papers! I have often come across several law students trying to convert their memorials or academic projects into research papers for publications (often sinned that myself too), However, what I have found is, that it is a great setback for budding authors. You might feel that given that as you have already researched that field you have better chances and you will be able to publish easily. Firstly , the topics for the moot research are often not what the publishers or readers want. Secondly , already having worked in a lackadaisical way (projects in my case) brings in boredom and lack of interest and as a result, you are in a hurry to get it done with. After that, the result is a half-hearted submission which has higher chances of rejection. DONT DO THIS. Star afresh. Look for burning issues that align your passion. Research on the requirements of the publishing houses. Consult your professors about the grey areas. Trust me it’ll be much better.

Characteristic of a topic?

The topic should be URI . Unsettled, Relevant and Interesting. All these components are very important and I will tell you why.

Firstly, if it is an already settled topic, then you won’t be able to give any original thought. You would be simply compiling the stuff. You don’t want to do that.

Secondly, if it is 20 years old, nobody cares about it. The recruiters will spot your topic only if it helps them in their practice.

Thirdly, even if it’s a burning issue and unsettled, you will lose interest if its bland and does not match your passion. Take a topic which makes you think.

But, how to find a relevant topic?

It is the most difficult and tenuous process to publish a paper. It has no specific way but I have found the following steps helpful:

• Follow market leaders. Partners, Associates, Firms on LinkedIn. They regularly post the latest issues which they face in practice.
• Follow legal news. Livelaw, Bar&Bench amongst a few.
• Subscribe to Law journals. (might cost a buck)
• Set up Google Alerts on certain keywords.

This will take at least a few weeks. It’s a very boring process but once you get hooked on you will enjoy it.

Research: Where to study from?

You have to develop a knowledge base. This has to be done stepwise.

• Preliminary Knowledge: All the articles you can find on this online through Google Searches, they might sound quirky and local but read what they want to say. Trust me although they are not authentic, but they can be surprisingly precise at times. Very easy to read, so you will not sleep while reading it. This will help you get the basics and set an argument in motion.
• Detailed Reading I:  Books. Commentaries from known publishers such as EBC, LexisNexis, Sweet and Maxwell, Bloomsbury etc. They help understand the nitty-gritty of the subject and also understand the evolution of the law. BUT, be aware they are not often updated and latest case laws might be missing. This will help you frame a tentative argument.
• Detailed Reading II: Journals. Bring in the Big Guns. Manupatra, SCC, HeinOnline, West law et al. You will get the most recent, most updates and most authentic information. This will help you substantiate your arguments and provide the authorities. BEWARE, these are often very complex and might make you sleep. Kick the passion!

Drafting: I have an idea, but can’t frame it!

No one can help you here. You have to put in your twelve years of slavery to practice. Some tips on writing:

• Don’t schedule writing AFTER Research. Write simultaneously. Only when you sit down to write, you will know what you NEED.
• Be precise and simple. No need to throw in jargons.
• Don’t copy as it is. Learn to paraphrase on your mind. Read a sentence, close your eyes and type without looking again. You have the inbuilt power of paraphrasing.
• Try to follow a direction. Make a flow chart if needed. Guide the reader. 
• There should be a connection and straight flow between the sections.
• CITATIONS: Go to a reputed journal which follows your required citation style, look up in old volumes how they have done it. It’s the easiest way out. Googling never helps here.

Where to send the manuscript?

The second-most difficult job. Finding the appropriate journal. A balance between reputation and success rate is to be ensured. If you are reading this article, most probably too reputed will disappoint you and too bad will be a disappointment after all this hard work.

What to look while searching for a journal?

• Genesis:  Year of the first publication, the older it is, the better.
• Frequency (yearly, monthly, annually) : The more the merrier (higher probability).
• Brands associated with it. Either in the form of reviewer, sponsor, editor, publisher. (Always go for an NLU Journal)
• Region:  If it’s a foreign journal, no matter how shitty it is, it will impress the recruiters. 
• Outreach:  Very difficult to find, but usually google help.
• Nature:  If it’s a paid subscription-based, it’s probably good. But not the other way around.

How to find a journal?

• Google: Search with the following keywords. “_____Law + Journal + Submission + Call”, Set advanced search and list by recent.
• Call for papers: Lawoctopus, LawLex etc. Check the ads. But beware, a lot of competition here.
• Follow the heard: Check where your friends or seniors have published before. Ask them.
• Connections: If you have them, you don’t need this article.

Sending process

• INSTALL “mailtrack” already. You need to know whether anyone is reading your emails.
• Always use institutional mail ids for these things. Good impression. Don’t keep any other emails apart from professional mails here. If you MISS it, you will regret for weeks.
• Follow up every 7 days . It is a long process, often takes more than months. Be patient, don’t irritate the editor.
• Make an attractive cover letter. Have a professional DP. Place a detailed signature. I will provide mine:

Relax, and wait for “the mail”. All the best.

Frequently asked Questions

• What do you think is the better route? Writing elaborate papers for journals or writing articles for these online blogs?

You have to do both. Blogs display that you’re up to date and most people read blogs they don’t have time for elaborate papers. But papers look good on CV and displays that you have in-depth knowledge.

• So how many papers one should right?

No watertight answer for this. Based on your capacity. I set a goal of 1 Paper and 2 blogs in two months.

• Any idea what these recruiting firms want to see on your profile?

Based on interviews which I’ve given, they want to see two things:

• Passion: The branch which you are joining, you have some interest on that and you’re just not there for the bucks.
• How to prove you’ve passion? Publications. You’ve applied your mind and you’ve kept in touch with the market
• Who should we ask for guidance?

Different people serve different objects:

• For Topics: Professionals, Teachers.
• For Drafting/where to send: Peers, Seniors.
• Is Co-authorship a good choice?

They are luggage or pullers. Either they will slow you down due to their lack of knowledge or they will move so fast you won’t contribute much. Be clever, go for co-authorship only when the other person knows a person who knows another person . Guaranteed publication, that’s what makes a perfect co-author.

That’s all folks!

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RELATED ARTICLES MORE FROM AUTHOR

Essentials of valid marriage under muslim law, is pda illegal in india, krishna kumar singh vs. state of bihar (2017).

Thanks a lot !

Thank you so much! This helped me a lot. I literally had no clue what to begin with. Now atleast I can think about writing.

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5 Key Steps to Writing an Effective Law Research Paper

Written by admin

Updated on: April 7, 2024

Table of Contents

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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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.

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Going forward by staying put: the political economy of stabilizing trade agreements and initiatives (pdf, 1,533kb).

Author: Christian Delev

This article examines the emerging practice of states entering into trade agreements or negotiating initiatives which sustain parties’ existing market access commitments and ‘behind-the-border’ regulatory barriers to trade.

The Legal Status and Targeting of Hacker Groups in the Russia-Ukraine Cyber Conflict (PDF, 1,750kB)

Author: Giacomo Biggio

The armed conflict between Russia and Ukraine has been characterized by a considerable number of cyber operations. This article considers the legal status of hacker groups and individuals who have conducted cyber operations in support of Ukraine and the legality of targeting of individuals who directly participate in hostilities.

Migration and Work in the Post-Brexit UK (PDF, 1,603kB)

Authors: Manoj Dias-Abey and Katie Bales

This briefing paper examines the major labour migration pathways in the new post-Brexit migration system that came into force on 1 January 2021.

Default Norms in Labour Law- From Private Right to Public Law (PDF, 1,525kB)

Author: Alan Bogg

How far can the common law limit freedom of contract in employment contracts? This paper considers the limits of freedom of contract in relation to (i) contracting out of employment status; (ii) contracting out of implied terms. It argues that public policy can impose necessary limits on the employer's contractual powers.

Exceptions and Regulatory Autonomy (PDF, 1,504kB)

Author: Joshua Paine

This paper provides a comparative overview and analysis of exceptions commonly included in Preferential Trade Agreements.

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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• Ancient Water Law in a Modern Crisis: An Analysis of Australian Water Law Reform in the United States Context
• Seizing the Initiative on Sexual Assault in the United States Military: The Way Forward
• Striking a Balance: Extending Minimum Rights to U.S. Gig Economy Workers Based on E.U. Directive 2019/1153 on Transparent and Predictable Working Conditions
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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:

• Law and Order Research Paper
• Judiciary Research Paper
• Juries, Lay Judges, and Trials Research Paper
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• Law of Interrogation Research Paper
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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.

Bibliography:

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• Kelsen, H. (1970). Pure theory of law (2nd ed.). Berkeley: University of California.
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• Llewellyn, K. N., & Hoebel, E. A. (1961). The Cheyenne way. Norman: University of Oklahoma Press.
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NLSIU publishes several academic journals that contribute to a wide range of legal and interdisciplinary scholarship. These journals carry articles by leading scholars and practitioners, and have been cited by the Supreme Court on several occasions. All NLSIU journals are peer-reviewed and follow an online open-access policy. Here is a complete list:

The National Law School Journal is the flagship journal of the National Law School of India University, Bengaluru. It is an open-access, peer-reviewed journal that has consistently published original contributions to contemporary legal scholarship on India and the developing world since 1989. The journal’s Editorial Board includes the Vice-Chancellor and members of the faculty.  NLSJ  invites contributions from academics, practitioners and researchers across legal studies and allied interdisciplinary scholarship.

ISSN: 0971-491X

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The International Journal on Consumer Law and Practice (IJCLP) is a blind-peer reviewed, open-access journal published annually by NLSIU under the aegis of the Chair on Consumer Law and Practice. Launched in 2013, IJCLP provides a forum for discussions on national and international best practices in consumer protection law. The journal welcomes contributions from academics, practitioners and students of law and allied fields.

ISSN: 2347-2731

Indexed in: SCOPUS, UGC-CARE List, HeinOnline, SCC OnLine

The Journal of Environmental Law Policy and Development is an annual peer-reviewed journal of the Centre for Environmental Law Education, Research and Advocacy (CEERA), NLSIU. Over the years the journal has featured articles on various themes under environmental law and policy, including governing principles of environmental law, adjudicatory authorities and their roles in dispensing environmental justice, waste management, climate change and other issues of contemporary relevance.

ISSN: 2348-7046

The Journal of Law and Public Policy is an annual peer-reviewed journal published under the Centre for Environmental Law Education, Research and Advocacy (CEERA), NLSIU. It covers a wide range of socio-legal issues on the interface between law and public policy, such as human rights, consumer welfare, women rights, socio-economic rights, food security law, access to legal aid, medical law and ethics.

ISSN: 2350-1200

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NLSIU has a rich and vibrant tradition of student-managed and edited journals. Accompanied by online forums for shorter, more contemporary academic writings, these journals are committed to producing quality scholarship across legal and allied disciplines. Student-led journals are integral to deepening a culture of research and scholarship within the University. They enable students to contribute to academic conversations while building crucial analytical and editorial skills in the process.

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In terms of readership and impact, all student-led journals are indexed on leading scholarly databases and have active social media presence. From 2022, articles published in student-led journals will also be assigned Digital Object Identifiers (dois).

To strengthen collaboration and decision-making amongst student-led journals, the Journal Council, constituted by the Chief and Deputy Chief Editors of our five student-run journals, was formed in 2022. The five journals are listed below:

The National Law School of India Review (NLSIR) is the flagship law review of the National Law School of India University, Bengaluru. NLSIR is student edited, peer-reviewed law journal published bi-annually, which holds the unique distinction of being cited twice by the Supreme Court of India.

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The NLS Business Law Review is an annual, open-access, peer-reviewed commercial law journal run by the students of the National Law School of India University and published by the Eastern Book Company.

The NLS Business Law Review intends to recognise and foster academic research and scholarship in commercial law by examining the myriad regulatory frameworks, domestic or international, that impact doing business in India or globally. We particularly welcome submissions applying comparative international perspectives. The mandate of the NLS Business Law Review thus, inter alia, includes company law, securities and capital markets regulation, banking and finance, taxation, foreign investment, competition law, commercial dispute resolution, contract and commercial law, and employment law.

ISSN: 2456-1010

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Socio-Legal Review (SLR) is a student-edited, peer-reviewed interdisciplinary journal run by the students of National Law School of India University, Bengaluru. It takes an expansive view on the interpretation of “law and society” in South Asia, inviting articles with a perceived link between law and social sciences.

ISSN: 0973-5216

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The Indian Journal of International Economic Law (IJIEL) is a student-edited, peer-reviewed law journal published annually by the National Law School of India University, Bengaluru, under the patronage of the Indian government-sponsored chair on WTO Law. The Journal is an endeavour to encourage scholarship in the niche but rapidly emerging and dynamic fields of international trade law and international economic law, in recognition of the staggering impact of the World Trade Organization (WTO) and cross-border trade and commerce in the world today.

ISSN: 0975-3214

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The Indian Journal of Law and Technology (IJLT) is a bi-annual, student-edited, peer-reviewed, open access law journal published annually by the National Law School of India University, Bengaluru. IJLT is the first and only law journal in India devoted exclusively to the study of the interface between law and technology.

The Journal has a broad mandate, and carries scholarship carries scholarship in the areas of intellectual property rights, internet governance, information communication technologies, privacy rights, digital freedoms, openness, telecommunications policy, media law and innovation, and more, with an emphasis on a developing country perspective or a comparative approach that benefits the developing world.

ISSN: 0973-0362

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The National Law School Journal (NLSJ) is the flagship journal of the National Law School of India University, Bengaluru. It is an open-access, peer-reviewed journal that has consistently published original contributions to contemporary legal scholarship on India and the developing world since 1989. The journal’s Editorial Board includes the Vice-Chancellor and members of the faculty. NLSJ invites contributions from academics, practitioners and researchers across legal studies and allied interdisciplinary scholarship.

NLSJ is published twice a year. The journal is indexed in UGC-CARE.

The National Law School of India University, Bengaluru is India’s premiere law school and has pioneered legal education reforms for over three decades.

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213 In Depth Law Thesis Topics For Perfect Score

Universities around the world require learners to complete papers on law thesis topics when pursuing advanced legal studies. Completing this task is both stressful and exciting because of the reward of writing a quality paper. However, selecting a title for your project, researching it, and writing is not easy.

For this reason, students should select interesting legal topics to enjoy working on their theses. What’s more, they should settle on issues that provide ample research scope. A thesis or dissertation is a lengthy academic paper. Therefore, learners should select topic ideas they can manage and work with comfortably over time. Here are sample topics for learners with difficulties selecting topics for their dissertations.

Interesting Law Topics for Theses

Perhaps, you’re looking for exciting topics to form the basis of your academic papers. In that case, consider these exciting law dissertation topics for inspiration.

• Examining presumption validity resulting advancement and trusts have acquired defunct status requiring their abolishment
• How Harison vs. Gibson decision changed the intention certainty law
• Investment trustee powers: Examining the financial benefits considerations by the courts
• Examining the courts’ attitude as shown in relevant rulings towards trusts with political purposes
• How the prevailing media entities’ attitude and the first Amendment rights to speech freedom advance the public interest
• Examining legal and moral issues surrounding abortion procedures on a long-term basis
• The ramifications of Roe v Wade amendments to offer adequate protection to the father’s rights
• Examining the conflict between public safety and civil liberties in the anti-terrorism legislation arena
• Analyzing the judicial review process from the weak vs. strong perspective
• Analyzing the law that governs the state authority to intervene in citizens’ private lives when a child’s welfare is in question
• How the law responds to domestic violence effects on male victims
• Examining the central trademark protection’s rationale as a way for businesses to protect brand value versus public interests
• Can the copyright system respond to intellectual property digitalization and the internet challenges?
• Comparing the U.K. and U.S. trademark and copyright law, including damages
• How viable is benefit-sharing as a way to regulate intellectual property rights?
• Examining the conflict between corporate trade secrets and business law
• Analyzing the role of customs and cultural norms in international criminal law’s development
• Examining the relationship between international law and national law
• What are the legal ramifications of authoritative norms breaches in international law?
• Analysis of the legal ramifications of a stem cell study to use human embryos for profits
• Should governments restrict journalists’ expression freedom?
• An investigation of the weak and strong points of the judicial review process?
• How effective are anti-corruption laws in your state?
• Abortion legalization- How the law treats abortion and the moral elements of the problem
• Relocating with a child- Discussing the legal gaps in relocation
• Assets division after divorce- How fair is the divorce law?
• Child protection from abuse and neglect- Gaps in the current law
• Child labor prevention- Legal mechanisms for detecting and preventing child labor
• Mediation role in family law- Should it be mandatory?
• Changes in the cohabitation law- Should cohabitating and married couples enjoy equal treatment?
• Can copyright owners and authors protect their rights under the current copyright law?
• Copyright law and modern art- Which contemporary artworks should enjoy copyright protection?
• Trade secrets protection under business law- How to ease the existing conflict
• National and international law- Which are the prevailing rules?
• Peaceful international conflicts resolution- Discuss the current international dispute settlement mechanisms.
• International law attitudes towards the self-determination concept- How to set a fair balance between the minorities and majorities interests
• Organ retention legislation- How to regulate the existing problems and controversies
• When should the international criminal court come into play?
• How domestic violence accurate picture differs from statistics
• Why does the law give severe punishment for some crimes?

A carefully selected example in this category can spark exciting research that will lead to a brilliant thesis. Nevertheless, pick an exciting idea to come up with a dissertation that will impress your educator.

Commercial or Business Law Thesis Topics

Maybe you’re looking for the best business or commercial law master’s thesis topics. That means you need titles that will allow you to focus on the legal aspects of the rights, conducts, and relations of organizations or individuals that engage in merchandising activities, trade, or commerce. Here are exciting business law topics to write about when working on your thesis.

• Do the current commercial laws in the U.S. need any change?
• How effective are the international business law programs in U.S. universities?
• How effective is business law in supporting commercial transactions?
• Does corporate social responsibility have a mediating role in companies’ performance?
• What are the impacts of international commercial laws on U.S. business laws?
• A review of the international business law use in new projects
• An evaluation of commercial laws for dealing with dishonest business managers
• Commercial partnerships- A closer look at the potential results and dangers
• Regulations for stopping corruption- A UK case study
• Analyzing pre-incorporation contracts- How they work
• Evaluating arbitration under business law- Understanding the U.K. policy practices
• What are the difficulties, significance, and essence of a commercial lease to business owners?
• Regular versus commercial lease- Analyzing its advantages and disadvantages for businesses.
• The role of the legislature in working and interpreting contracts
• Commercial law’s role in business framework establishment in society
• An evaluation of contract laws and their effects on businesses
• Verbal and non-verbal agreements in the business law’s context
• Analyzing business entity’s role concerning commercial law
• Evaluating business laws for fighting corruption in companies
• How effective is commercial law in prompting transactions?
• Copyright infringement- How offline and online law enforcement differ.
• Business partnerships- Understanding legal remedies, results, and threats
• Commercial laws for guiding businesses in energy projects
• How to work within the advertising law’s guidelines and framework when advertising online
• Analyzing the significance, role, and application of wills within the business law
• International vs. national commercial laws
• Analyzing pre-incorporation contracts
• Assessing the effectiveness of international commercial law
• Why investing in a business’ trademark and copyright application matters
• Commercial law arbitration- An in-depth evaluation and analysis of policy practice
• An evaluation of anti-corruption business regulations using a relevant case study
• Corporate social responsibility laws for businesses
• Termination agreements- Significance, role, and application in business transactions
• Contract law- Role and interpretations in business transactions
• Director’s guarantee- Transaction structure and role within business law
• Analyzing business entity’s role in commercial law
• Exploring loopholes in international laws that allow business corruption
• Consumer protection in Wales and England after the Brexit era
• Investigating Wales and England’s insolvency laws for addressing insolvency instances
• A legal assessment of the commercial law role in sustaining public-private partnerships, depending on what happened during the Carillion Collapse

These research topics in law can be the basis of a paper that will earn you the top grade. However, be ready to research your preferred idea and analyze information to write a high-quality essay.

International Law Thesis Topics for Research

Some learners find international law research topics quite interesting because they focus on legal aspects of businesses during global pandemics and wars. You can also focus on the economic trade aspect when writing a thesis on any of these ideas. Here are exciting topics for a law school thesis in this category.

• Precedence importance during international court hearings
• Internet and digital legislation- Future forecasts
• How civil liberties and public safety relate within the context of international laws
• Analyzing the principles of the international law
• Challenges facing different parties during the application of the Vienna Convention on the international sale of good contracts
• Assessing business implications of the future possibilities of the U.K. and U.S. military cooperation in fighting terror
• When international law allows a country to intervene in another nations’ affairs
• A closer look at the human rights gaps from the international law’s perspective
• Analyzing the U.S. involvement in Iraq- Was it a violation of international law or a justified move?
• How to enforce international law in third world countries
• Analysis of international tribunals’ efficiency in addressing war crimes
• International human rights hearings- Why precedence matters
• Challenges facing parties in contracts relating to the international sale of goods and the application of the Vienna Convention
• Why the international law matters for the digital laws and internet legislation
• How effective are international tribunals in taking action for war crimes?
• Analyzing conditions when the international law permits a country to intervene in trade matters
• Assessing the international criminal laws’ principles and why change could be necessary
• Analyzing the human rights law from an international perspective
• Human rights and international law violations- A case study of U.S. involvement in Iraq
• The impact of civil liberties as enshrined in the international law on public safety
• International consumer protection during the post-Brexit era
• International laws for protecting consumers against unlawful communication during the war
• International laws for protecting and rescuing the refugees’ human rights at sea
• Top five offenders facing the international law and their offenses
• How the international law can protect child soldiers during the Israel-Palestine conflict
• NATO ethics in Afghanistan and Iraq
• Human rights violation in Africa- How the international law can address them
• Describe the appeal process for the international criminal court
• Analyzing the international tribunals
• XYZ corporation’s transnational crimes- A detailed analysis

These are exciting thesis topics for law students interested in international law. Nevertheless, learners must invest time and effort in research and data analysis to develop quality papers.

Controversial Law Topics for Academic Research

Some law master thesis topics can trigger debates while encouraging learners to take a stance in support or against an idea. Such titles can include constitutional law paper topics and sensitive matters in different legal study fields. Here are exciting topics in this category.

• Does the world need gun law review?
• Analyzing human rights vis a vis the Islamic criminal law
• Transgender rights- Solving injustice and discrimination arising from inequality.
• Legal implications of blocking international students temporarily during the COVID-19 pandemic
• Deportation protection and the Deferred Action for Childhood Arrivals program
• Immigration reforms and restrictions- Change and improvement scope
• Black lives matter- Analyzing the lack of legal or political repercussions of custody deaths.
• Abortion- Legal angles for pro-life and pro-choice
• Analysis of religious freedom in law and the choice freedom to deny person services depending on their religion
• Addictive opioids prescription as legal painkillers- Justifications and the aftermath
• The legal framework for animal research
• Vaccine administration from the legal implications perspectives, non-compliance and compliance, parental and herd immunity’s duty
• Privacy rights- Conflict between public safety versus individual privacy
• Free market capitalization- Free trade versus government regulations
• Analyzing government regulations, environmental support policies, and economic costs
• Equal minimum wage system- Legal parameters, remedies, and controversies
• Legalizing marijuana for recreational and medicinal usage
• White supremacy- How this political ideology affects the economic and legal framework
• The legal justification of capital punishment
• Marriage equality act- Analyzing responsibilities and rights in a same-sex marriage.
• The ethics of capital punishment
• Law code and mental hospitals
• Analyzing the legal implications of sniffer dog practices
• College violence causes and legal implications
• Legal code in different states in America
• Crime propaganda and modern music culture- Using the law to address the emerging issues.
• Is the law biased against African-Americans?
• The limited rights for police officers
• The importance of eyewitness evidence
• How developing countries can improve business laws’ effectiveness
• Does the world have more female lawyers than males?
• Trade union role in championing for the workers’ rights
• Effects of technology on business laws’ viability
• Impact of coronavirus on business laws
• Why employees deserve a role in business laws’ formulation
• Why business laws are employee-oriented instead of siding with team members
• Business laws and their role in preventing malicious competition
• Can business law undermine women’s empowerment?
• Should every country have unique business laws for foreign investors?
• How sufficient are business laws in covering cyber espionage?

These are controversial ideas to explore in dissertations. However, learners should prepare to research extensively to write winning papers.

Child in Conflict with the Law Thesis Topics

This category comprises titles relating to legal issues concerning kids that contravene the law by committing juvenile offenses. Nevertheless, they are exciting law enforcement topics to explore when pursuing masters or Ph.D. studies.

• Analysis of children’s rights against economic exploitation and harmful work
• Laws and human rights that support children during illegal migration
• Exploitation and violence leading children into legal conflicts
• Court procedures for children that break the law
• Abuse and exploitation of children that violate the law and how to prevent it
• Rights and legal protection for children during cases
• The legal framework for guiding the people handling children’s cases
• How to deal with children involved in legal matters in metro cities
• How to improve legal protection for children during conflict
• Analysis of the measures for reintegrating children into the society after conflicting with the law
• Laws for facilitating children’s rehabilitation after conflicting with the law

Criminal Law Thesis Topics

Criminal law entails the study of rules governing individuals’ prosecution after committing crimes. Here are titles to consider in this category.

• Crimes and religious laws in developing countries
• Analyzing the war against terror and potential crimes
• Examining racial prejudice during incarceration
• Police interrogations- Legal framework, human rights, and principles
• Balancing legal rights for the defendant and the victim during a lawsuit
• Anatomy justification with the defendant and victim in mind
• Challenges in the crime’s nature identification and distribution- A case study analysis
• Criminal theory- A review for exploring crime and morality connection
• Death penalty justification, research, and history
• Male and female rape legislations- Evaluating the critical differences
• Lie detectors use in criminal law courts- Assessing their efficacy
• How to protect victims in case of manslaughter cases
• Analyzing crime-related factors best left out of the court

Family Law Thesis Topics

Family law has several ideas to explore in a dissertation. Here are examples of such notions.

• Grandparents’ role in the family law provisions and social fabrics
• Non-consensual adoption- What are the legal implications?
• Family laws that govern divorce and marriage for transgender individuals
• Children rights to family life within non-marital families
• Impacts of Islamic traditions on family laws for UK-based Muslims
• Custody rights for children with learning disabilities
• Divorce laws- Are they perception or gender-based?

Medical Law and Ethics Thesis Topics

This field focuses on the responsibilities and rights of medical professionals and patients. Here are brilliant ideas to consider in this category.

• Laws governing medical research- Animals protection against cruelty
• Can medical practitioners treat mental disorders without bias?
• Ethical and legal challenges relating to bio-banks
• Effects of lawsuits on medical practitioners dedication and commitment
• Medical, ethics, and legal perspectives of assisted suicide
• Medical laws and ethics in practice

Sports Law Topics

If interested in sports law, consider these topics for your papers.

• Coaches employment laws and contracts
• Policies facilitating rights protection and promotion for transgender athletes
• Rules for fighting sexual harassment in the sporting field
• Constitutional rights for student-athletes
• Practices and policies of sports law in the U.S.
• The legal stance for national sports governing bodies
• Lifestyle sports- What sports laws say about them
• Analyzing the negligence of cheerleading teams with a case study
• The role of legal aspects of sporting events at the international level
• Transnational sports’ management perspective
• Laws relating to club sports management
• Match-fixing and the related laws
• Legal issues relating to sportsperson marketing
• The legal implications of sports promotion aids

Hot Thesis Topics in Employment Law

Do you want to write a thesis on employment law? If yes, consider any of these ideas for your paper.

• How to improve zero-hour contracts
• Wrongful vs. unfair- What provides better protection within the employment laws
• Studying the right to fair employment practices
• 2010 Equality Act and the disabled people’s rights
• Employment laws for the disabled
• Effectiveness of sexual harassment laws at the workplace
• Gender variations in employment regulations and laws
• How working parents benefit from Flexible Working Regulations 2002
• The convergence of employment laws with religion
• The impact of trade unions on businesses
• Unfair dismissal- What the law says
• Legal aspects of social work employment

If you pick any of these topics and then have difficulties down the road, seek help with research paper from the best-rated online experts. Using affordable thesis help, you can complete your project on any of these titles. Nevertheless, work with a professional company to get cheap and quality assistance.

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Success, Law and ESG

European Corporate Governance Institute - Law Working Paper No. 795/2024

27 Pages Posted: 29 Aug 2024

Colin Mayer

University of Oxford - Said Business School; Centre for Economic Policy Research (CEPR); European Corporate Governance Institute (ECGI)

Date Written: August 01, 2024

The notion of corporate success lies at the heart of directors’ duties in many corporate laws. Freedom of incorporation conferred considerable discretion on companies to determine the nature of their success and create financial value for their investors, subject to conforming with laws and regulation. However, this increasingly came into conflict with the interests of other stakeholders, in particular employees, supply chains, the environment and societies, and addressing the problem through specific regulatory rules proved inadequate to the task. This raises questions about the nature of the financial incentives that drive and resource corporate activities, namely profits, and the need to align these with the role of business in solving not creating problems for others. In the absence of such an alignment then markets fail, and competition can intensify rather diminish the failures. There are three aspects to addressing the problem. The first is the use of corporate law to require companies to consider the interests of stakeholders other than their shareholders. This is already a feature of many corporate laws. The second is corporate governance codes that promote corporate purposes of profiting from solving not causing problems for others. This too is already a feature of some countries’ corporate governance arrangements. The third is the adoption of international standards and firm specific measures of performance that promote accounting and reporting on corporate social and environmental benefits and detriments. These are in the process of being established but need to be more closely related to accounting for specific firm measures of performance that ensure profits derive from solving not creating problems for others. 

Keywords: Success, Profit, Corporate Law, Purpose, Governance, Regulation, Standards, Reporting

JEL Classification: K2, L21, M14, M21

Suggested Citation: Suggested Citation

Colin Mayer (Contact Author)

University of oxford - said business school ( email ).

Park End Street Oxford, OX1 1HP Great Britain +44 1865 288112 (Phone) +44 1865 288805 (Fax)

Centre for Economic Policy Research (CEPR)

London United Kingdom

European Corporate Governance Institute (ECGI)

c/o the Royal Academies of Belgium Rue Ducale 1 Hertogsstraat 1000 Brussels Belgium

HOME PAGE: http://www.ecgi.org

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Bucknell Researchers Predict Next NFL Scorigami in New Paper

August 30, 2024

by Mike Ferlazzo

Professors Sam Gutekunst (right) and Joe Wilck (center) discuss an NFL-related research project with student Max Wilson '27 (left). Photo by Emily Paine, Marketing & Communications

NFL scorigamis — a final score combination that has never previously occurred in league history, such as 11-6 or 22-16 — have sparked a cult-like following among football fans and statisticians alike. For many, tracking the emergence of a new scorigami has become a side game almost as thrilling as the game itself, adding to the excitement of a new NFL season this week.

But predicting when and where these elusive scores will appear has always been more of an art than a science — until now, thanks to Bucknell University researchers.

Professor Sam Gutekunst , the John D. and Catherine T. MacArthur Professor of Data Science , along with recent Bucknell graduates Liam Moyer '24 and Jameson Railey '23, and USC Professor Andrew Daw, took on the challenge of scientifically predicting the next NFL scorigami. They are authors on a research paper that offers a fresh approach to forecasting these rare events. The paper has been accepted for presentation at the prestigious Winter Simulation Conference in Orlando in December.

The team's study compares two models: a traditional Poisson random variable (R.V.) model, which has long been a staple in sports score prediction, and a new non-stationary (N.S.) Poisson process model. The latter, developed by the authors, accounts for the dynamic nature of NFL games, incorporating factors such as team strength, strategic decision-making and changes in play as the game progresses.

"Traditional models simplify the game by considering each scoring event independently, but NFL games are much more complex," Gutekunst says. "These traditional models don't capture the impact of factors like team strength or how strategies shift as the game progresses. Our model addresses these dynamics, making it more accurate for predicting scorigamis."

As of the end of the 2023-2024 NFL season, their research found that the probability of a scorigami occurring in a given game was 5.58% according to the Poisson R.V. model and 5.52% with the N.S. Poisson process model. The study identified the most likely scores to become the next scorigami within this framework, with 32-26 and 36-23 emerging as the top contenders.

"Our top prediction is 32-26," says Gutekunst. "If a game ends in a scorigami, that's the most likely score. While the odds are still long — about a one in 60 chance — this score stands out as a good bet compared to other possibilities."

This prediction showcases the subtle differences between the two models. The Poisson R.V. model ranks 36-23 as the most likely new scorigami, with a conditional probability of 1.759%, while the N.S. Poisson process model gives 32-26 the edge with a probability of 1.737%. These slight variations underscore how the models account for the competitive nature of NFL games and the in-game dynamics that make a scorigami more likely to happen.

The research draws from an extensive dataset, utilizing resources like Pro Football Reference and the Python package NFL data, which records detailed play-by-play data for NFL games.

"Our model looks at everything from scoring events to strategic decisions, like how the current score changes whether or not a team attempts a two-point conversion after a touchdown," Gutekunst says. "In our model for predicting scores, we've focused on data from the 2015 through 2023 seasons since that's the last time a major rule change had a notable effect on game dynamics."

The Bucknell team is looking forward to presenting this research in December at the Winter Simulation Conference, which will publish the paper in its peer-reviewed proceedings. The conference is known for its focus on cutting-edge simulation and modeling.

"This project is a great example of academic curiosity intersecting with real-world application," Gutekunst says. "Liam and Jamison were passionate about scorigamis, and together we were able to create something that contributes meaningfully to both the academic community and the world of sports."

As the NFL season begins, fans and bettors alike will be watching closely to see when the next scorigami occurs. When it occurs, the Bucknell researchers will be watching closely to see if it aligns with their predictions.

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CMU research team wins CAV 2024 Distinguished Paper Award

Michael Cunningham

Jul 25, 2024

A team of Carnegie Mellon University researchers has received the 36th International Conference on Computer Aided Verification (CAV) Distinguished Paper Award for the tool paper A Framework for Debugging Automated Program Verification Proofs via Proof Actions .

The team features CMU Ph.D. students Chanhee Cho and Yi Zhou ; recent Ph.D. alumnus Jay Bosamiya ; and Bryan Parno , Kavčić-Moura professor of Electrical and Computer Engineering and Computer Science .

“It’s wonderful to receive this acknowledgement of all of the hard work that the students, especially lead author Chanhee Cho, put into this project,” said Parno.

The award was presented to the team by Program Chairs Arie Gurnkel and Vijay Ganesh on Wednesday, July 24 at the CAV 2024 Reception at Concordia University in Montreal.

Program verification allows developers to mathematically prove their code will be correct, reliable, and/or secure. Many verification tools rely on an underlying solver to automatically discharge large parts of the necessary proofs. However, when the solver fails to complete a proof, it can be difficult for developers to understand why it failed or how to fix the proof.

In this paper, the researchers introduce ProofPlumber, a novel and extensible proof-action framework for understanding and debugging proof failures. Proof actions act on the developer’s source-level proofs to determine why they failed and to potentially suggest remedies.

“We’re hopeful that ProofPlumber will make it easier to write verified software, and hence give us greater confidence in our digital infrastructure,” said Parno.

CAV is the top conference on computer-aided verification. It focuses on work that uses automation to help designers build better, more reliable systems.

Finding a Paper Topic

Introduction, current discussion and developments, working papers, academic journal articles, llm papers & sjd dissertations, faculty advisors, refining & finalizing a paper topic, getting help.

This guide is aimed at law students selecting a research paper topic. You should aim to find a specific, original topic that you find intriguing. The process for choosing a topic varies but might involve the following steps.

• Brainstorm about areas of interest. Think about interesting concepts from your courses, work history or life experience. 
• Review current awareness sources like legal news, legal practice publications, or law blogs to generate more ideas and/or to identify legal developments related to your topic.
• Begin initial research using HOLLIS and Google Scholar.
• Refine your search phrases and start more specific research in academic articles and working papers. Try to zero in on current scholarly discussions on your topic.
• Reach out to potential faculty supervisors to discuss and refine the thesis statements you are considering.

Once you have finalized your topic, consider meeting with a librarian. Librarians can help you find and use targeted research sources for your specific project.

Current Awareness

Browsing and reading blogs, law firm posts, and legal news will help you generate ideas. Try some of the sources below to find current legal developments and controversies ahead of their formal analysis in traditional scholarly sources such as books or law review articles.

• Bloomberg Law Law Review Resources: Find a Topic (HLS Only) Find circuit splits, Court developments, browse developments by practice area.
• Lexis Legal News Hub (HLS Only) Legal news from Law360, Mealey's, MLex & FTCWatch.
• Westlaw Legal Blogs (HLS Only) Aggregated content from many blogs. Browse or search.
• JD Supra Content from law firms. Browse or search.
• Justia Blawg Search Collection of legal blogs. Browse or search.

Working Papers Repositories

After browsing current awareness, digging into working papers is a good next step. Working papers (preprints) are scholarly articles not yet published or in final form. Most U.S.-based law professors deposit their scholarship in these working paper repositories. Make sure to order results by date to explore the current academic conversation on a topic.

• SSRN (Social Science Research Network) A main source for working papers in law and social sciences. Accessing it through HOLLIS will allow you to set up an individual account and subscribe to email alerts.
• Law Commons Open access working paper repository. Browse by topic, author, and institutional affiliation.
• NBER Working Papers The National Bureau of Economic Research hosts working papers related to finance, banking, and law and economics.
• OSF Preprints Multidisciplinary repository more global in scope than those listed above.

Academic Literature

As you zero in on a topic, it is time to explore the legal academic literature. If your topic is not solely legal but falls in other academic disciplines like economics, sociology, political science, etc. begin with HOLLIS and Google Scholar as you explore and refine your topic.

Law Journal Articles

• Hein Online Law Journal Library (Harvard Key) Provides pdf format for law review articles in 3200 law journals. For most, coverage is from inception. Includes a good collection of non-U.S. journals.
• Lexis+ Law Reviews and Journals (HLS Only)
• Westlaw Law Reviews & Journals (HLS Only)
• LegalTrac Topic Finder (HLS only) LegalTrac is an index (descriptions of articles) and has some full text. It is included here for its topic finder tool which allows you to put in some general topics, and then refine the terms to generate a list of linked articles.

Academic Articles, Books and Book Chapters

• HOLLIS Catalog and Articles Beyond finding the books, ebooks, and journals owned by the Harvard Library system, using HOLLIS in its default mode (Catalog & Articles) allows you to find articles from many subscription sources. Before settling on a paper topic, running some searches in HOLLIS is a must.
• Harvard Google Scholar Google Scholar limits results to scholarly research publications. Harvard Google Scholar will (usually) allow you to link through to content from Harvard-subscribed sources.

Dissertations, Theses and Papers

As you refine your topic ideas, it is often helpful to browse the titles of dissertations and papers by SJDs, LLMs, or JD students, either generally, or those which touch on your subject area. This can help you understand how people have framed their research topic in a discrete, specific way. 

• Proquest Dissertations and Theses (Harvard Key) Dissertations and theses from many academic institutions but does not include any HLS SJD dissertations or LL.M. papers from recent years.
• HLS Dissertations, Theses, and JD Papers Guide to finding HLS student papers in the library's collection using HOLLIS. (Print format up to 2023, electronic format in 2024 and thereafter).
• Global ETD Search (Networked Digital Library of Theses and Dissertations) Global repository of theses and dissertations.

Tips on Finding a Faculty Advisor

HLS LL.M. papers require faculty supervision. Discussing your topic with a potential faculty supervisor can be an important step in solidifying your topic ideas. 

• HLS Faculty Directory Search or browse by area of interest or name. Faculty supervisors must have a teaching appointment during the semester in which the paper is to be turned in.
• HLS Course Catalog Determine who is currently teaching in a particular subject area.
• HLS Faculty Bibliography This collective list of publications of the HLS faculty can be searched and limited by date.

Tips for Refining a Topic

As you’ve browsed blogs, news, law reviews and other LL.M. papers, you have hopefully arrived at some topic ideas that are original and will hold your continued interest. It is also important to refine your paper topic to a discrete, narrow idea. To make sure your topic is sufficiently narrow, please see the resources included in the HLS Graduate Program Writing Resources Canvas Site . See especially: 

• The Six-Point Exercise in the module “Developing Your Proposal and Drafting Your Paper”
• Worksheets for Senior Thesis Writers and Others in the module “Recommended Materials on Writing”
• Archetypal Legal Scholarship: A Field Guide, 63 J. Legal Educ. 65 (2013) HLS Prof. Minow's article defines the different types of papers in the legal literature. It is helpful to read her framework as you finalize your paper topic.
• Academic Legal Writing: Law Review Articles, Student Notes, Seminar Papers, and Getting on Law Review UCLA Prof. Eugene Volokh's book on legal writing.
• Choosing a Claim (Excerpt from above book.) This is a publicly available excerpt of the book. Chapter begins on p. 25 of this pdf.

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• As Ozempic’s Popularity Soars, Here’s What to Know About Semaglutide and Weight Loss JAMA Medical News & Perspectives May 16, 2023 This Medical News article discusses chronic weight management with semaglutide, sold under the brand names Ozempic and Wegovy. Melissa Suran, PhD, MSJ
• Patents and Regulatory Exclusivities on GLP-1 Receptor Agonists JAMA Special Communication August 15, 2023 This Special Communication used data from the US Food and Drug Administration to analyze how manufacturers of brand-name glucagon-like peptide 1 (GLP-1) receptor agonists have used patent and regulatory systems to extend periods of market exclusivity. Rasha Alhiary, PharmD; Aaron S. Kesselheim, MD, JD, MPH; Sarah Gabriele, LLM, MBE; Reed F. Beall, PhD; S. Sean Tu, JD, PhD; William B. Feldman, MD, DPhil, MPH
• What to Know About Wegovy’s Rare but Serious Adverse Effects JAMA Medical News & Perspectives December 12, 2023 This Medical News article discusses Wegovy, Ozempic, and other GLP-1 receptor agonists used for weight management and type 2 diabetes. Kate Ruder, MSJ
• GLP-1 Receptor Agonists and Gastrointestinal Adverse Events—Reply JAMA Comment & Response March 12, 2024 Ramin Rezaeianzadeh, BSc; Mohit Sodhi, MSc; Mahyar Etminan, PharmD, MSc
• GLP-1 Receptor Agonists and Gastrointestinal Adverse Events JAMA Comment & Response March 12, 2024 Karine Suissa, PhD; Sara J. Cromer, MD; Elisabetta Patorno, MD, DrPH
• GLP-1 Receptor Agonist Use and Risk of Postoperative Complications JAMA Research Letter May 21, 2024 This cohort study evaluates the risk of postoperative respiratory complications among patients with diabetes undergoing surgery who had vs those who had not a prescription fill for glucagon-like peptide 1 receptor agonists. Anjali A. Dixit, MD, MPH; Brian T. Bateman, MD, MS; Mary T. Hawn, MD, MPH; Michelle C. Odden, PhD; Eric C. Sun, MD, PhD
• Glucagon-Like Peptide-1 Receptor Agonist Use and Risk of Gallbladder and Biliary Diseases JAMA Internal Medicine Original Investigation May 1, 2022 This systematic review and meta-analysis of 76 randomized clinical trials examines the effects of glucagon-like peptide-1 receptor agonist use on the risk of gallbladder and biliary diseases. Liyun He, MM; Jialu Wang, MM; Fan Ping, MD; Na Yang, MM; Jingyue Huang, MM; Yuxiu Li, MD; Lingling Xu, MD; Wei Li, MD; Huabing Zhang, MD
• Cholecystitis Associated With the Use of Glucagon-Like Peptide-1 Receptor Agonists JAMA Internal Medicine Research Letter October 1, 2022 This case series identifies cases reported in the US Food and Drug Administration Adverse Event Reporting System of acute cholecystitis associated with use of glucagon-like peptide-1 receptor agonists that did not have gallbladder disease warnings in their labeling. Daniel Woronow, MD; Christine Chamberlain, PharmD; Ali Niak, MD; Mark Avigan, MDCM; Monika Houstoun, PharmD, MPH; Cindy Kortepeter, PharmD

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Sodhi M , Rezaeianzadeh R , Kezouh A , Etminan M. Risk of Gastrointestinal Adverse Events Associated With Glucagon-Like Peptide-1 Receptor Agonists for Weight Loss. JAMA. 2023;330(18):1795–1797. doi:10.1001/jama.2023.19574

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Risk of Gastrointestinal Adverse Events Associated With Glucagon-Like Peptide-1 Receptor Agonists for Weight Loss

• 1 Faculty of Medicine, University of British Columbia, Vancouver, British Columbia, Canada
• 2 StatExpert Ltd, Laval, Quebec, Canada
• 3 Department of Ophthalmology and Visual Sciences and Medicine, University of British Columbia, Vancouver, Canada
• Medical News & Perspectives As Ozempic’s Popularity Soars, Here’s What to Know About Semaglutide and Weight Loss Melissa Suran, PhD, MSJ JAMA
• Special Communication Patents and Regulatory Exclusivities on GLP-1 Receptor Agonists Rasha Alhiary, PharmD; Aaron S. Kesselheim, MD, JD, MPH; Sarah Gabriele, LLM, MBE; Reed F. Beall, PhD; S. Sean Tu, JD, PhD; William B. Feldman, MD, DPhil, MPH JAMA
• Medical News & Perspectives What to Know About Wegovy’s Rare but Serious Adverse Effects Kate Ruder, MSJ JAMA
• Comment & Response GLP-1 Receptor Agonists and Gastrointestinal Adverse Events—Reply Ramin Rezaeianzadeh, BSc; Mohit Sodhi, MSc; Mahyar Etminan, PharmD, MSc JAMA
• Comment & Response GLP-1 Receptor Agonists and Gastrointestinal Adverse Events Karine Suissa, PhD; Sara J. Cromer, MD; Elisabetta Patorno, MD, DrPH JAMA
• Research Letter GLP-1 Receptor Agonist Use and Risk of Postoperative Complications Anjali A. Dixit, MD, MPH; Brian T. Bateman, MD, MS; Mary T. Hawn, MD, MPH; Michelle C. Odden, PhD; Eric C. Sun, MD, PhD JAMA
• Original Investigation Glucagon-Like Peptide-1 Receptor Agonist Use and Risk of Gallbladder and Biliary Diseases Liyun He, MM; Jialu Wang, MM; Fan Ping, MD; Na Yang, MM; Jingyue Huang, MM; Yuxiu Li, MD; Lingling Xu, MD; Wei Li, MD; Huabing Zhang, MD JAMA Internal Medicine
• Research Letter Cholecystitis Associated With the Use of Glucagon-Like Peptide-1 Receptor Agonists Daniel Woronow, MD; Christine Chamberlain, PharmD; Ali Niak, MD; Mark Avigan, MDCM; Monika Houstoun, PharmD, MPH; Cindy Kortepeter, PharmD JAMA Internal Medicine

Glucagon-like peptide 1 (GLP-1) agonists are medications approved for treatment of diabetes that recently have also been used off label for weight loss. 1 Studies have found increased risks of gastrointestinal adverse events (biliary disease, 2 pancreatitis, 3 bowel obstruction, 4 and gastroparesis 5 ) in patients with diabetes. 2 - 5 Because such patients have higher baseline risk for gastrointestinal adverse events, risk in patients taking these drugs for other indications may differ. Randomized trials examining efficacy of GLP-1 agonists for weight loss were not designed to capture these events 2 due to small sample sizes and short follow-up. We examined gastrointestinal adverse events associated with GLP-1 agonists used for weight loss in a clinical setting.

We used a random sample of 16 million patients (2006-2020) from the PharMetrics Plus for Academics database (IQVIA), a large health claims database that captures 93% of all outpatient prescriptions and physician diagnoses in the US through the International Classification of Diseases, Ninth Revision (ICD-9) or ICD-10. In our cohort study, we included new users of semaglutide or liraglutide, 2 main GLP-1 agonists, and the active comparator bupropion-naltrexone, a weight loss agent unrelated to GLP-1 agonists. Because semaglutide was marketed for weight loss after the study period (2021), we ensured all GLP-1 agonist and bupropion-naltrexone users had an obesity code in the 90 days prior or up to 30 days after cohort entry, excluding those with a diabetes or antidiabetic drug code.

Patients were observed from first prescription of a study drug to first mutually exclusive incidence (defined as first ICD-9 or ICD-10 code) of biliary disease (including cholecystitis, cholelithiasis, and choledocholithiasis), pancreatitis (including gallstone pancreatitis), bowel obstruction, or gastroparesis (defined as use of a code or a promotility agent). They were followed up to the end of the study period (June 2020) or censored during a switch. Hazard ratios (HRs) from a Cox model were adjusted for age, sex, alcohol use, smoking, hyperlipidemia, abdominal surgery in the previous 30 days, and geographic location, which were identified as common cause variables or risk factors. 6 Two sensitivity analyses were undertaken, one excluding hyperlipidemia (because more semaglutide users had hyperlipidemia) and another including patients without diabetes regardless of having an obesity code. Due to absence of data on body mass index (BMI), the E-value was used to examine how strong unmeasured confounding would need to be to negate observed results, with E-value HRs of at least 2 indicating BMI is unlikely to change study results. Statistical significance was defined as 2-sided 95% CI that did not cross 1. Analyses were performed using SAS version 9.4. Ethics approval was obtained by the University of British Columbia’s clinical research ethics board with a waiver of informed consent.

Our cohort included 4144 liraglutide, 613 semaglutide, and 654 bupropion-naltrexone users. Incidence rates for the 4 outcomes were elevated among GLP-1 agonists compared with bupropion-naltrexone users ( Table 1 ). For example, incidence of biliary disease (per 1000 person-years) was 11.7 for semaglutide, 18.6 for liraglutide, and 12.6 for bupropion-naltrexone and 4.6, 7.9, and 1.0, respectively, for pancreatitis.

Use of GLP-1 agonists compared with bupropion-naltrexone was associated with increased risk of pancreatitis (adjusted HR, 9.09 [95% CI, 1.25-66.00]), bowel obstruction (HR, 4.22 [95% CI, 1.02-17.40]), and gastroparesis (HR, 3.67 [95% CI, 1.15-11.90) but not biliary disease (HR, 1.50 [95% CI, 0.89-2.53]). Exclusion of hyperlipidemia from the analysis did not change the results ( Table 2 ). Inclusion of GLP-1 agonists regardless of history of obesity reduced HRs and narrowed CIs but did not change the significance of the results ( Table 2 ). E-value HRs did not suggest potential confounding by BMI.

This study found that use of GLP-1 agonists for weight loss compared with use of bupropion-naltrexone was associated with increased risk of pancreatitis, gastroparesis, and bowel obstruction but not biliary disease.

Given the wide use of these drugs, these adverse events, although rare, must be considered by patients who are contemplating using the drugs for weight loss because the risk-benefit calculus for this group might differ from that of those who use them for diabetes. Limitations include that although all GLP-1 agonist users had a record for obesity without diabetes, whether GLP-1 agonists were all used for weight loss is uncertain.

Accepted for Publication: September 11, 2023.

Published Online: October 5, 2023. doi:10.1001/jama.2023.19574

Correction: This article was corrected on December 21, 2023, to update the full name of the database used.

Corresponding Author: Mahyar Etminan, PharmD, MSc, Faculty of Medicine, Departments of Ophthalmology and Visual Sciences and Medicine, The Eye Care Center, University of British Columbia, 2550 Willow St, Room 323, Vancouver, BC V5Z 3N9, Canada ( [email protected] ).

Author Contributions: Dr Etminan had full access to all of the data in the study and takes responsibility for the integrity of the data and the accuracy of the data analysis.

Concept and design: Sodhi, Rezaeianzadeh, Etminan.

Acquisition, analysis, or interpretation of data: All authors.

Drafting of the manuscript: Sodhi, Rezaeianzadeh, Etminan.

Critical review of the manuscript for important intellectual content: All authors.

Statistical analysis: Kezouh.

Obtained funding: Etminan.

Administrative, technical, or material support: Sodhi.

Supervision: Etminan.

Conflict of Interest Disclosures: None reported.

Funding/Support: This study was funded by internal research funds from the Department of Ophthalmology and Visual Sciences, University of British Columbia.

Role of the Funder/Sponsor: The funder had no role in the design and conduct of the study; collection, management, analysis, and interpretation of the data; preparation, review, or approval of the manuscript; and decision to submit the manuscript for publication.

Data Sharing Statement: See Supplement .

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• Copy URL https://www.pbs.org/newshour/politics/fact-checking-warnings-from-democrats-about-project-2025-and-donald-trump

Fact-checking warnings from Democrats about Project 2025 and Donald Trump

This fact check originally appeared on PolitiFact .

Project 2025 has a starring role in this week’s Democratic National Convention.

And it was front and center on Night 1.

WATCH: Hauling large copy of Project 2025, Michigan state Sen. McMorrow speaks at 2024 DNC

“This is Project 2025,” Michigan state Sen. Mallory McMorrow, D-Royal Oak, said as she laid a hardbound copy of the 900-page document on the lectern. “Over the next four nights, you are going to hear a lot about what is in this 900-page document. Why? Because this is the Republican blueprint for a second Trump term.”

Vice President Kamala Harris, the Democratic presidential nominee, has warned Americans about “Trump’s Project 2025” agenda — even though former President Donald Trump doesn’t claim the conservative presidential transition document.

“Donald Trump wants to take our country backward,” Harris said July 23 in Milwaukee. “He and his extreme Project 2025 agenda will weaken the middle class. Like, we know we got to take this seriously, and can you believe they put that thing in writing?”

Minnesota Gov. Tim Walz, Harris’ running mate, has joined in on the talking point.

“Don’t believe (Trump) when he’s playing dumb about this Project 2025. He knows exactly what it’ll do,” Walz said Aug. 9 in Glendale, Arizona.

Trump’s campaign has worked to build distance from the project, which the Heritage Foundation, a conservative think tank, led with contributions from dozens of conservative groups.

Much of the plan calls for extensive executive-branch overhauls and draws on both long-standing conservative principles, such as tax cuts, and more recent culture war issues. It lays out recommendations for disbanding the Commerce and Education departments, eliminating certain climate protections and consolidating more power to the president.

Project 2025 offers a sweeping vision for a Republican-led executive branch, and some of its policies mirror Trump’s 2024 agenda, But Harris and her presidential campaign have at times gone too far in describing what the project calls for and how closely the plans overlap with Trump’s campaign.

PolitiFact researched Harris’ warnings about how the plan would affect reproductive rights, federal entitlement programs and education, just as we did for President Joe Biden’s Project 2025 rhetoric. Here’s what the project does and doesn’t call for, and how it squares with Trump’s positions.

Are Trump and Project 2025 connected?

To distance himself from Project 2025 amid the Democratic attacks, Trump wrote on Truth Social that he “knows nothing” about it and has “no idea” who is in charge of it. (CNN identified at least 140 former advisers from the Trump administration who have been involved.)

The Heritage Foundation sought contributions from more than 100 conservative organizations for its policy vision for the next Republican presidency, which was published in 2023.

Project 2025 is now winding down some of its policy operations, and director Paul Dans, a former Trump administration official, is stepping down, The Washington Post reported July 30. Trump campaign managers Susie Wiles and Chris LaCivita denounced the document.

WATCH: A look at the Project 2025 plan to reshape government and Trump’s links to its authors

However, Project 2025 contributors include a number of high-ranking officials from Trump’s first administration, including former White House adviser Peter Navarro and former Housing and Urban Development Secretary Ben Carson.

A recently released recording of Russell Vought, a Project 2025 author and the former director of Trump’s Office of Management and Budget, showed Vought saying Trump’s “very supportive of what we do.” He said Trump was only distancing himself because Democrats were making a bogeyman out of the document.

Project 2025 wouldn’t ban abortion outright, but would curtail access

The Harris campaign shared a graphic on X that claimed “Trump’s Project 2025 plan for workers” would “go after birth control and ban abortion nationwide.”

The plan doesn’t call to ban abortion nationwide, though its recommendations could curtail some contraceptives and limit abortion access.

What’s known about Trump’s abortion agenda neither lines up with Harris’ description nor Project 2025’s wish list.

Project 2025 says the Department of Health and Human Services Department should “return to being known as the Department of Life by explicitly rejecting the notion that abortion is health care.”

It recommends that the Food and Drug Administration reverse its 2000 approval of mifepristone, the first pill taken in a two-drug regimen for a medication abortion. Medication is the most common form of abortion in the U.S. — accounting for around 63 percent in 2023.

If mifepristone were to remain approved, Project 2025 recommends new rules, such as cutting its use from 10 weeks into pregnancy to seven. It would have to be provided to patients in person — part of the group’s efforts to limit access to the drug by mail. In June, the U.S. Supreme Court rejected a legal challenge to mifepristone’s FDA approval over procedural grounds.

WATCH: Trump’s plans for health care and reproductive rights if he returns to White House The manual also calls for the Justice Department to enforce the 1873 Comstock Act on mifepristone, which bans the mailing of “obscene” materials. Abortion access supporters fear that a strict interpretation of the law could go further to ban mailing the materials used in procedural abortions, such as surgical instruments and equipment.

The plan proposes withholding federal money from states that don’t report to the Centers for Disease Control and Prevention how many abortions take place within their borders. The plan also would prohibit abortion providers, such as Planned Parenthood, from receiving Medicaid funds. It also calls for the Department of Health and Human Services to ensure that the training of medical professionals, including doctors and nurses, omits abortion training.

The document says some forms of emergency contraception — particularly Ella, a pill that can be taken within five days of unprotected sex to prevent pregnancy — should be excluded from no-cost coverage. The Affordable Care Act requires most private health insurers to cover recommended preventive services, which involves a range of birth control methods, including emergency contraception.

Trump has recently said states should decide abortion regulations and that he wouldn’t block access to contraceptives. Trump said during his June 27 debate with Biden that he wouldn’t ban mifepristone after the Supreme Court “approved” it. But the court rejected the lawsuit based on standing, not the case’s merits. He has not weighed in on the Comstock Act or said whether he supports it being used to block abortion medication, or other kinds of abortions.

Project 2025 doesn’t call for cutting Social Security, but proposes some changes to Medicare

“When you read (Project 2025),” Harris told a crowd July 23 in Wisconsin, “you will see, Donald Trump intends to cut Social Security and Medicare.”

The Project 2025 document does not call for Social Security cuts. None of its 10 references to Social Security addresses plans for cutting the program.

Harris also misleads about Trump’s Social Security views.

In his earlier campaigns and before he was a politician, Trump said about a half-dozen times that he’s open to major overhauls of Social Security, including cuts and privatization. More recently, in a March 2024 CNBC interview, Trump said of entitlement programs such as Social Security, “There’s a lot you can do in terms of entitlements, in terms of cutting.” However, he quickly walked that statement back, and his CNBC comment stands at odds with essentially everything else Trump has said during the 2024 presidential campaign.

Trump’s campaign website says that not “a single penny” should be cut from Social Security. We rated Harris’ claim that Trump intends to cut Social Security Mostly False.

Project 2025 does propose changes to Medicare, including making Medicare Advantage, the private insurance offering in Medicare, the “default” enrollment option. Unlike Original Medicare, Medicare Advantage plans have provider networks and can also require prior authorization, meaning that the plan can approve or deny certain services. Original Medicare plans don’t have prior authorization requirements.

The manual also calls for repealing health policies enacted under Biden, such as the Inflation Reduction Act. The law enabled Medicare to negotiate with drugmakers for the first time in history, and recently resulted in an agreement with drug companies to lower the prices of 10 expensive prescriptions for Medicare enrollees.

Trump, however, has said repeatedly during the 2024 presidential campaign that he will not cut Medicare.

Project 2025 would eliminate the Education Department, which Trump supports

The Harris campaign said Project 2025 would “eliminate the U.S. Department of Education” — and that’s accurate. Project 2025 says federal education policy “should be limited and, ultimately, the federal Department of Education should be eliminated.” The plan scales back the federal government’s role in education policy and devolves the functions that remain to other agencies.

Aside from eliminating the department, the project also proposes scrapping the Biden administration’s Title IX revision, which prohibits discrimination based on sexual orientation and gender identity. It also would let states opt out of federal education programs and calls for passing a federal parents’ bill of rights similar to ones passed in some Republican-led state legislatures.

Republicans, including Trump, have pledged to close the department, which gained its status in 1979 within Democratic President Jimmy Carter’s presidential Cabinet.

In one of his Agenda 47 policy videos, Trump promised to close the department and “to send all education work and needs back to the states.” Eliminating the department would have to go through Congress.

What Project 2025, Trump would do on overtime pay

In the graphic, the Harris campaign says Project 2025 allows “employers to stop paying workers for overtime work.”

The plan doesn’t call for banning overtime wages. It recommends changes to some Occupational Safety and Health Administration, or OSHA, regulations and to overtime rules. Some changes, if enacted, could result in some people losing overtime protections, experts told us.

The document proposes that the Labor Department maintain an overtime threshold “that does not punish businesses in lower-cost regions (e.g., the southeast United States).” This threshold is the amount of money executive, administrative or professional employees need to make for an employer to exempt them from overtime pay under the Fair Labor Standards Act.

In 2019, the Trump’s administration finalized a rule that expanded overtime pay eligibility to most salaried workers earning less than about $35,568, which it said made about 1.3 million more workers eligible for overtime pay. The Trump-era threshold is high enough to cover most line workers in lower-cost regions, Project 2025 said.

The Biden administration raised that threshold to $43,888 beginning July 1, and that will rise to $58,656 on Jan. 1, 2025. That would grant overtime eligibility to about 4 million workers, the Labor Department said.

It’s unclear how many workers Project 2025’s proposal to return to the Trump-era overtime threshold in some parts of the country would affect, but experts said some would presumably lose the right to overtime wages.

Other overtime proposals in Project 2025’s plan include allowing some workers to choose to accumulate paid time off instead of overtime pay, or to work more hours in one week and fewer in the next, rather than receive overtime.

Trump’s past with overtime pay is complicated. In 2016, the Obama administration said it would raise the overtime to salaried workers earning less than $47,476 a year, about double the exemption level set in 2004 of $23,660 a year.

But when a judge blocked the Obama rule, the Trump administration didn’t challenge the court ruling. Instead it set its own overtime threshold, which raised the amount, but by less than Obama.

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