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60 best business law topics for research paper.

Business Law, also known as commercial law, is a set of integral laws that guide society. To write an impressive research paper on Business Law, it is vital to find a few business law paper topics that not only interest you but also offer scope for research and critical analysis.

You can then discuss the topics with your guide to shortlist the one that offers maximum scope to showcase your research capabilities and get good grades. Here is a list of some great topics for business law research paper, that you can consider. Take a look:

Advanced Business Law Research Topics

These are some advance business law topics that reflect in-depth subject knowledge and research capabilities:

• Can the Exclusion from antitrust laws be good?
• Essential details about Abercrombie and Race Discrimination.
• Various methods of treatments for Accidents in the workplace.
• Age Discrimination Act: What is it?
• How to Avoid sexual harassment lawsuits inside a company?
• How to identify Bankruptcy fraud?
• Everything about the Collective Bargaining Agreement.
• What is the Collective Bargaining Union?
• Corruption in Business Law: how to get rid of it?
• Hazards of the Construction Industry: What are the solutions provided by the Government?
• Effective methods to keep business running.
• Is Paternity leave for a father acceptable?
• Sexual Harassment Law: what does it say?
• What is the Sarbanes-Oxley Act?
• Health Insurance Portability and Accountability Act.
• How does piracy affect the profitability of a business?
• What is the Ocean Liner Contract system?
• What should be the level of confidentiality of trade secrets?

Interesting Business Law Topics for Research Paper

Here are some of the most well scoring and attention-grabbing business law topics to write about for your dissertation –

• The role of Law of Contracts in Business Transactions.
• Interpretations of The Law of Contract.
• A thorough investigation of the Contract Laws.
• The importance of Commercial Law.
• An explanation of the working of Contracts.
• How does Legislature impact the interpretation of Contracts?
• Analysis of the difficulties faced by the business due to pursuing Commercial or Regular Lease.
• Analysis of the Structure of Transactions under Business Law.
• What is the role of a Director’s Guarantee under Business Law?
• Investigating the practical use of Copyright and Trademark by business entities.
• The role played by Copyrights and Trademarks in relation to Business Transactions.
• Everything you need to know about Advertising Law.
• The consequences of Copyright Infringement.
• The effect of Business Law on Commercial Transactions and Licensing.
• The application of Termination Agreements and Contract Law in Business Transactions.

Business Contract Law Topics for Research Paper

These are a few research topics in business law that can be used as a guide to create your paper and score well:

• The importance of Contract Law for small or single entrepreneurs.
• Contract Law and why is it essential in a versatile global business environment?
• The role of Contract Law in relation to shipping and transportation across five countries in the world.
• The importance of the Mudaraba contract in context with Islamic Law.
• Islamic Law and limitations in the implementation of Contract Law.
• A thorough investigation of the Tort Liability Law in the United Kingdom.
• The analysis and comparison of the Contract Law for Small, Medium, and Large enterprises in the United Kingdom.
• What is the significance of online privacy policies on the Contract Law?
• The role of the state in implementation of the Contract Law
• What is the difference between the UK and the EU after the implementation of the Brexit Contract Law?
• Everything you need to know about code, law, and their interpretations in the digital world.
• A discussion of the Penalty under Contract Law in context with the English Law.
• The difference between verbal commitments, non-contractual relations, and Contract Law: What problems are faced during their enforcement?
• An investigation of the impact of Labour Laws within the country.
• Emerging Economies: Analyzing the enforcement of Contract Law

International Business Law Topics for Research Paper

If you want to work in the arena of business law these topics are sure to be a big help with research paper:

• The right of the company to choose its nationality
• International arbitration – best policies to choose
• Is it still possible to buy the services of judges in first world countries?
• The Understanding impact of the litigation processes on small and medium business entities operating in international arenas
• The Doctrine of Separate Legal personality and its significance in International business
• Is there a way to avoid litigation procedures in foreign lands?
• What are the cases in international business when the data security and confidentiality policies are not applied?
• Solutions for stopping former employees from joining rival companies.
• Implementation of employee non-disclosure agreement across national boundaries
• Is it legal to say no to paternity leaves for fathers when working with foreign employees?
• Drawing up international extractive contracts for oil and mining companies
• Can domestic laws be incorporated in international business agreements – the consequences.

For most law students curriculums are extensive and topic research can be a time consuming task with other college activities. If you are worried about finding some good business law paper topics to work on or need professional help to write an effective research paper, we have the answers. Get in touch with us for effective research paper topics for business law class and we will be happy to assist with your assignment.

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Journal of Politics and Law

Yongping XIAO

Wakgari Kebeta Djigsa (Assistant Professor of Law)

Abstract Principally speaking, a contract is said to be concluded at the time when and the place where the offeree declares the assent to be bound by the proposal of the offeror. Determining the appropriate time of conclusion of a contract is nevertheless not as easy as it may seem at a first glance. This problem is exacerbated by the freedom of individuals to withdraw or revoke their proposals of concluding a contract. The regulation of withdrawal and revocation of offer and acceptance plays a vital role not only in determining the time of conclusion of a contract but also in maintaining smooth transactions among individuals. This, in turn, helps the parties in minimizing transaction costs. So far, no consensus is reached among legal instruments concerning this critical issue. Different jurisprudences approached the matter from their perspectives thereby making the process of harmonization hardly possible. This short essay is aimed at critically examining the differences existing among legal instruments with respect to withdrawal and revocation of offer and acceptance. To contextualize the concepts, a glimpse will be made to some theoretical frameworks. Throughout, I will make a brief comparison among the United Nations Convention on International Sale of Goods, the Chinese Contract Law , the UNIDROIT Principles and the Ethiopian Contract Law.

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Business Law Dissertation Topics

Published by Owen Ingram at January 3rd, 2023 , Revised On July 18, 2024

International business operations have steadily expanded the boundaries of business law over the years.

In general, business law regulates the legal rights, conducts, and relationships of individuals with businesses engaged in trade, commerce, or other commercial activities. The subject covers a broad range of ideas that fall under the business law scope, making it one of the most critical areas of law.

Ensuring businesses are run lawfully and fairly protects customers from illegal business practices and enables businesses to resolve disputes and understand their rights and responsibilities. The framework also provides a stable operating environment for businesses.

Students expected to write a dissertation in business law must choose an appropriate business law dissertation topic before they can get started with the dissertation.

Check our  free example dissertations and free business and business management dissertation examples to get an idea of how to structure your dissertation .

Types of Business Law

Such laws govern contracts and employee rights to taxes and intellectual property. Some common types of business law are the following:

Contract law is used when a company or individual enters into an agreement with another company or individual. In these agreements, each party’s responsibilities are outlined and how disputes will be handled.

Employee Rights

Employee rights include how employers should treat employees and what workers can expect from their employers, such as the hours worked per day/week/month.

Academic Resource: Employment Law Topics

It varies depending on which business entity you are and covers topics such as calculating gross income and deducting expenses.

Academic Resource: Taxation Dissertation Topics .

Intellectual property

This includes any creative work, artwork, literature, music, or trademarked product. The legal ownership of this type of work ensures that no one can claim authority over it.

Academic Resource: Intellectual property dissertation Topics .

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List Of Business Law Dissertation Topics

Finding the best business law topic is essential to producing the best business law dissertation as a law student. To help you, we’ve listed some business law topics below:

Topic:1 Employment law

Research Aim: Studying the relationship between workers and employees along with the laws and rules that imply to businesses.

Topic:2 Labour law

Research Aim: Dive deep into the factories act, 1934 covering all the employee laws applicable in the country up to 18 years.

Topic:3 Immigration law

Research Aim: Take an in-depth look at the immigration law that covers the study of immigration of citizens to other countries to understand their culture, practices, locations, and rules.

Topic:4 Consumer good sales law

Research Aim: Covering the total retail sales of consumer goods with deep insight into the physical commodity and different income ongoing and outgoing for production in companies.

Topic:5 Content Drafting

Research Aim: As the name says, content drafting is the study of drafting all the laws and regulations of several legal matters.

Topic:6 Antitrust

Research Aim: Antitrust lawyers is a famously known topic written about economic and legal matters of the country that revolves around federal laws applied to businesses.

Topic:7 Intellectual property laws

Research Aim: Intellectual property laws are the field of study where students study the intellectual properties designed to assist businesses, individuals, and organizations. The topic of taxes covers all the local, regional and national taxes that promote overall social security and Medicare.

Topic:8 Bankruptcies

Research Aim: In the bankruptcy subject, we study the typical reasons, effects, and results of bankruptcies on employees and organizations in the long run.

Topic:9 Bank Formation

Research Aim: This topic discusses the factors that influence business formation and the entire process from starting a business to becoming successful.

Topic:10 Lawsuits

Research Aim: Lawsuit is an attorney-related subject in which individuals study the importance of attorneys to reduce the damage and losses in your business with the help of day-to-day negotiations to make a business effective.

Topic:11 Public Law

Research Aim: Studying the relationships between businesses and legal organizations to run peacefully in the country.

Topic:12 Execution of business laws

Research Aim: Understanding the nature of businesses with different work sectors

Topic:13 Classification of business laws

Research Aim: Classifying business laws based on their sources, approaches, and purpose of implying.

Topic:14 Business law morality

Research Aim: Studying the moral values of businesses for the betterment of society.

Topic:15 Business law consultation

Research Aim: The subject of business law consultation is where students create relevancy with different legal laws to authorise  the legislation process.

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I/O Example Search

Select a top business law dissertation topic from the list above to start your research as a business law student.

The topics covered by a business law degree can range from taxation and contracts to intellectual property and international trade. Internships and externships will provide students with practical experience, research skills, and research methods related to the legal process. Furthermore, a business law degree can lead to a successful career as a lawyer, corporate counsel, or government lawyer.

Students who want to study business law are needed to fit this criterion.

• Candidates who choose the five-year integrated BBA-LLB program must have graduated from a recognised high school and passed the university’s entrance exam.
• If a student at the PG level applies for a business law course, they must have either finished the five-year integrated course or earned a three-year LLB degree.

Business law encompasses all legal issues necessary to operate a business, such as copyright laws, workplace safety rules, contract laws, financial laws, intellectual property laws, and tax laws. As a business lawyer, you can establish, run, close, and sell a business to third parties in compliance with all legal requirements.

As businesses on a global scale change rapidly, they seek employees with creative skills to advance their organisations. A background in management and law can make you a problem solver, an analytical thinker, and an innovative manager capable of providing organisations with the edge over their rivals and staying relevant in a constantly changing market.

If you need help with the complete dissertation writing process, you may want to additionally read about our  proposal writing service  and the full  dissertation writing service .

Frequently Asked Questions

How to find business law dissertation topics.

To find business law dissertation topics:

• Explore recent legal developments.
• Analyze industry challenges.
• Research emerging business models.
• Consider regulatory gaps.
• Examine global perspectives.
• Select a topic aligning with your expertise and career objectives.

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Business Law Research Paper Topics: 100 Expert Ideas

Are you feeling the pressure of selecting the ideal topic for your business law research paper? Fear not, as we're here to ease your burden! Within these pages, you'll discover a plethora of topic categories ranging from contracts to intellectual property rights, each offering a wealth of exploration and analysis.

But wait, there's more! Alongside these diverse business law research paper topics, we'll equip you with invaluable tips to navigate the selection process seamlessly. From identifying the most compelling subjects to crafting a polished paper, we'll be your trusted guide every step of the way.

So, set aside any apprehensions, get comfortable, and let our law school paper writing service put you on an exhilarating journey into the dynamic realm of business law research.

How To Choose a Business Law Research Paper Topic?

Picking the right business law research paper topic is super important as it's a stepping stone in laying the groundwork for your whole project. But with business law covering so much ground, it can be tricky to figure out what's the best fit for you. That's where we come in! This section is here to help you choose a topic that matches your interests, fits your academic goals, and has real-world relevance.

Step 1: Identify Your Interests - Start by reflecting on areas of business law that intrigue you the most. Whether it's contract law, employment regulations, or intellectual property, pinpointing your interests will guide your research direction.

Step 2: Consider Relevance - Assess the current landscape of business law. What are the pressing issues or emerging trends? Opt for topics that hold relevance in today's business environment to ensure your paper remains impactful and timely.

Step 3: Evaluate Feasibility - Gauge the availability of resources and data for potential topics. Ensure you can access sufficient literature, case studies, and legal precedents to support your research effectively.

Step 4: Narrow Down Your Focus - Refine your topic to a specific aspect of business law. For instance, if you're interested in contracts, consider exploring the intricacies of breach of contract cases in a particular industry rather than a broad overview.

Step 5: Assess Potential Impact - Aim for topics that offer meaningful insights or solutions to real-world business challenges. Consider how your research findings could contribute to the field of business law or influence decision-making in corporate settings.

Step 6: Seek Guidance - Consult with professors, legal professionals, or mentors for feedback on your chosen topic. Their expertise can provide valuable insights and help refine your research direction.

Step 7: Stay Flexible - Remain open to adjusting your topic as you delve deeper into your research. New perspectives or unforeseen discoveries may lead you to refine or expand your initial focus for a more compelling paper.

Step 8: Align with Course Objectives - Ensure your chosen topic aligns with the objectives of your course or academic program. Tailoring your research to meet specific learning outcomes will enhance its relevance and value.

Step 9: Consider Your Audience - Keep your target audience in mind when selecting a topic. Tailor your research to resonate with fellow students, legal professionals, or business executives, depending on who will be reading your paper.

Step 10: Trust Your Instincts - Ultimately, choose a topic that resonates with you personally and ignites your curiosity. Your passion for the subject matter will shine through in your research, making for a more engaging and compelling paper.

100 Engaging Business Law Research Paper Topics

Exploring business law research paper topics can seem overwhelming with all the legal terms flying around. But fear not; we're here to make your journey smoother! We've compiled a list of 100 topic ideas neatly sorted into 10 categories, covering everything from corporate governance to international trade law. Whether you're intrigued by contracts or fascinated by intellectual property, there's something for everyone.

Corporate Governance and Ethics

• Responsibilities of Corporate Boards in Ensuring Ethical Practices
• Impact of Corporate Social Responsibility on Business Success
• Ethics in Executive Compensation: Balancing Profit and Fairness
• The Role of Shareholders in Corporate Governance
• Transparency and Accountability in Corporate Decision-Making
• Corporate Whistleblowing: Legal Protections and Ethical Considerations
• Diversity and Inclusion in Corporate Governance
• Environmental Sustainability Policies in Corporate Governance
• The Importance of Ethical Leadership in Business Organizations
• Addressing Conflicts of Interest in Corporate Governance

Contract Law and Commercial Transactions

• Elements of a Valid Contract: Understanding Offer, Acceptance, and Consideration
• Implied vs. Express Contracts: Legal Implications and Enforcement
• Contractual Disputes: Strategies for Negotiation and Resolution
• The Role of Electronic Contracts in Modern Commerce
• Legal Requirements for Contract Formation in E-commerce
• Contract Breach: Remedies and Damages Available to Parties
• Contractual Capacity: Minors and Mentally Incapacitated Individuals
• Specific Performance vs. Damages as Remedies for Breach of Contract
• The Importance of Contract Review and Due Diligence in Business Transactions
• International Contracts: Challenges and Considerations for Cross-Border Transactions

Intellectual Property Law

• Trademarks vs. Copyrights: Understanding the Difference and Legal Protection
• Patent Law: Requirements for Patentability and Patent Infringement
• Trade Secret Protection: Safeguarding Confidential Information in Business
• Copyright Infringement in the Digital Age: Challenges and Legal Remedies
• Fair Use Doctrine: Navigating the Boundaries of Copyright Law
• Licensing Intellectual Property: Legal Considerations for Agreements and Royalties
• Trademark Registration Process: Steps and Benefits for Business Owners
• Intellectual Property Rights in the Music Industry: Challenges and Developments
• Software Copyrights: Protection and Enforcement in the Tech Sector
• Intellectual Property Theft: Legal Strategies for Prevention and Enforcement

Employment and Labor Law

• Understanding At-Will Employment: Rights and Limitations for Employers and Employees
• Discrimination in the Workplace: Legal Protections and Remedies for Employees
• Wage and Hour Laws: Compliance Requirements for Employers
• Workplace Safety Regulations: Employer Responsibilities and Employee Rights
• Family and Medical Leave Act (FMLA): Employee Entitlements and Employer Obligations
• Employment Contracts: Key Terms and Legal Implications for Parties
• Non-Compete Agreements: Enforceability and Limitations in Employment Contracts
• Employee Privacy Rights: Balancing Workplace Monitoring and Personal Privacy
• Worker Classification: Independent Contractor vs. Employee Status
• Collective Bargaining and Labor Unions: Rights and Negotiation Processes for Workers

Business and Competition Law

• Antitrust Laws: Understanding Monopolies and Restraints of Trade
• Price Fixing and Collusion: Legal Implications for Businesses
• Merger Control: Regulatory Approval Process and Antitrust Analysis
• Unfair Competition Practices: Legal Remedies for Competitors
• Cartels and Bid Rigging: Enforcement Actions and Penalties
• Vertical vs. Horizontal Integration: Antitrust Considerations in Mergers and Acquisitions
• Resale Price Maintenance: Legal Issues and Compliance for Manufacturers and Distributors
• Antitrust Enforcement Agencies: Roles and Powers of the FTC and DOJ
• Trade Secrets and Antitrust: Protection and Competition Considerations
• Compliance Programs: Preventing Antitrust Violations in Business Operations

Banking and Financial Regulation

• Dodd-Frank Act: Regulatory Reforms and Implications for Financial Institutions
• Consumer Financial Protection Bureau (CFPB): Role in Regulating Financial Products and Services
• Basel III Accords: International Standards for Bank Capital Adequacy and Liquidity
• Anti-Money Laundering (AML) Regulations: Compliance Requirements for Financial Institutions
• Bank Secrecy Act (BSA): Reporting Requirements and Compliance Obligations
• Federal Reserve System: Functions and Responsibilities in Monetary Policy and Banking Regulation
• Securities Regulation: Ensuring Fairness and Transparency in Capital Markets
• Fintech Regulation: Addressing Challenges and Opportunities in the Digital Financial Services Sector
• Credit Rating Agencies: Oversight and Regulation in Financial Markets
• Insider Trading Laws: Prohibitions and Enforcement Actions in Securities Transactions

Taxation and Business Transactions

• Tax Deductions for Small Businesses: Eligibility and Benefits
• Capital Gains Tax: Understanding Taxation on Investment Profits
• Tax Planning Strategies for Business Owners: Maximizing Deductions and Credits
• Value Added Tax (VAT): Implications for International Business Transactions
• Taxation of Business Entity Types: Sole Proprietorships, Partnerships, and Corporations
• Tax Compliance Issues in Cross-Border Transactions: Transfer Pricing and Tax Treaties
• Sales Tax Nexus: Determining Tax Obligations for Online Retailers
• Tax Consequences of Mergers and Acquisitions: Structuring Deals for Optimal Tax Efficiency
• Taxation of Foreign Income: Reporting Requirements and Tax Treatments for Multinational Corporations
• Tax Incentives for Renewable Energy Investments: Exploring Federal and State Programs

Environmental and Energy Law

• Environmental Impact Assessments: Legal Requirements for Development Projects
• Clean Air Act Compliance: Regulations and Enforcement for Industrial Emissions
• Renewable Energy Incentives: Tax Credits and Subsidies for Clean Energy Projects
• Endangered Species Act: Protections and Regulations for At-Risk Species
• Environmental Permitting Process: Navigating Regulatory Approvals for Construction and Development
• Water Pollution Laws: Controlling Discharges and Protecting Water Resources
• Energy Efficiency Standards: Requirements for Appliances and Building Codes
• Hazardous Waste Management: Legal Obligations for Storage, Transport, and Disposal
• Carbon Emissions Trading: Market-Based Mechanisms for Reducing Greenhouse Gas Emissions
• Fracking Regulations: Balancing Energy Production with Environmental Concerns

International Trade and Investment Law

• World Trade Organization (WTO): Functions and Dispute Resolution Mechanisms
• Free Trade Agreements: Implications for Tariffs, Trade Barriers, and Market Access
• Foreign Direct Investment (FDI): Legal Frameworks and Protections for Investors
• Trade Remedies: Anti-Dumping Duties, Countervailing Measures, and Safeguards
• Trade Dispute Settlement: Procedures and Outcomes in International Trade Disputes
• Trade Facilitation Measures: Simplifying Customs Procedures and Reducing Trade Costs
• Bilateral Investment Treaties (BITs): Rights and Protections for Foreign Investors
• Import and Export Controls: Licensing Requirements and Compliance Obligations
• Cross-Border Intellectual Property Rights Protection in Trade Agreements
• Trade Policy Analysis: Assessing the Impact of Trade Agreements on National Economies

Cybersecurity and Data Privacy

• General Data Protection Regulation (GDPR): Compliance Requirements for Businesses
• Cybersecurity Laws and Regulations: Legal Frameworks for Protecting Digital Assets
• Data Breach Notification Laws: Reporting Obligations and Consumer Protections
• Privacy Impact Assessments: Evaluating Risks and Compliance with Data Privacy Laws
• Cybersecurity Best Practices for Small Businesses: Protecting Against Cyber Threats
• Cybercrime Legislation: Legal Responses to Hacking, Identity Theft, and Cyber Fraud
• Employee Data Privacy: Balancing Workplace Monitoring with Employee Rights
• International Data Transfers: Legal Considerations for Cross-Border Data Flows
• Cyber Insurance: Coverage Options and Considerations for Mitigating Cyber Risks
• Role of Government Agencies in Cybersecurity: Enforcement and Regulatory Oversight

Let's Explore Each Business Law Topic: Why Does They Matter?

Alright, now that you've had a chance to check out all the business law research paper topic categories, you might have some favorites in mind. But hold on, we're here to give you the lowdown on each one to help you narrow it down even more. Whether it's corporate governance, intellectual property, or environmental regulations, each topic brings its own interesting twists and turns. By digging into these different areas, you'll get a better grasp of just how diverse and important business law really is.

Corporate Governance and Ethics : Corporate governance refers to the system of rules, practices, and processes by which a company is directed and controlled. It encompasses the relationships among stakeholders and the goals for which the corporation is governed. Ethics, on the other hand, pertains to the moral principles that guide decision-making and behavior within an organization. Writing business research paper topics on corporate governance and ethics is crucial because it establishes transparency, accountability, and integrity within businesses. They ensure that companies operate in a responsible manner, safeguarding the interests of shareholders, employees, customers, and the broader community. By upholding high ethical standards and effective governance practices, organizations can enhance trust, mitigate risks, and foster sustainable growth.

Contract Law and Commercial Transactions : Contract law governs agreements between parties, establishing the legal obligations and rights of each party involved. Commercial transactions refer to the exchange of goods, services, or property for monetary or other valuable considerations in the course of business activities. Writing business research paper topics on contract law and commercial transactions matters because they provide the legal framework for conducting business and resolving disputes. Clear and enforceable contracts protect parties from potential breaches and ensure that business transactions proceed smoothly. Understanding contract law enables businesses to negotiate favorable terms, manage risks, and uphold contractual obligations, thereby promoting certainty and reliability in commercial dealings.

Intellectual Property Law : Intellectual property (IP) law encompasses legal protections for creations of the mind, such as inventions, literary and artistic works, symbols, names, and designs used in commerce. It includes patents, copyrights, trademarks, and trade secrets. Writing business research paper topics on intellectual property law matters because it encourages innovation, creativity, and economic growth by granting creators exclusive rights to their creations. These protections incentivize investment in research and development, foster competition, and enable businesses to monetize their intellectual assets. Additionally, IP law safeguards against infringement and misappropriation, ensuring that creators receive recognition and compensation for their work.

Employment and Labor Law : Employment and labor law govern the relationship between employers and employees, covering aspects such as wages, working conditions, discrimination, and termination. These laws establish rights and obligations for both employers and employees and promote fairness, equality, and workplace safety. Writing business research paper topics on employment and labor law matters because it protects workers from exploitation, discrimination, and unfair treatment. It ensures that employees receive fair compensation, benefits, and working conditions, contributing to their well-being and productivity. Compliance with employment laws also helps businesses avoid costly litigation, reputational damage, and regulatory penalties.

Business and Competition Law : Business and competition law regulates the conduct of businesses and promotes fair competition in the marketplace. It encompasses antitrust laws, consumer protection laws, and regulations governing mergers and acquisitions. Writing business research paper topics on business and competition law matters because it fosters a level playing field, prevents monopolistic practices, and protects consumers from anticompetitive behavior. These laws encourage innovation, efficiency, and consumer choice by ensuring that markets remain open and competitive. Compliance with business and competition laws is essential for businesses to avoid fines, legal liabilities, and damage to their reputation.

Banking and Financial Regulation : Banking and financial regulation oversee the operations of financial institutions and the conduct of financial markets. These regulations aim to maintain stability, integrity, and transparency in the banking and financial system. Writing business research paper topics on banking and financial regulation matters because they safeguard depositor funds, promote investor confidence, and mitigate systemic risks. Effective regulation prevents financial crises, such as banking panics and market collapses, by imposing prudential standards, capital requirements, and risk management practices on financial institutions. Regulatory compliance also enhances market efficiency, fairness, and consumer protection.

Taxation and Business Transactions : Taxation and business transactions involve the imposition and collection of taxes on commercial activities, income, and assets. Tax laws govern various aspects of business operations, including corporate taxation, sales tax, and international tax planning. Writing business research paper topics on taxation and business transactions matters because they fund government services and programs, such as infrastructure, education, and healthcare. Tax compliance ensures that businesses fulfill their civic responsibilities and contribute to the public welfare. Additionally, effective tax planning allows businesses to minimize tax liabilities, optimize financial performance, and remain competitive in the marketplace.

Environmental and Energy Law : Environmental and energy law regulates the use of natural resources, pollution control, and conservation efforts. It encompasses regulations related to air quality, water resources, waste management, and renewable energy development. Writing business research paper topics on environmental and energy law matters because it protects ecosystems, public health, and natural habitats from degradation and depletion. These laws promote sustainable development, mitigate climate change impacts, and preserve biodiversity. Compliance with environmental regulations reduces environmental risks, liabilities, and reputational harm for businesses while fostering corporate responsibility and environmental stewardship.

International Trade and Investment Law : International trade and investment law governs cross-border commerce, foreign investments, and trade relations between nations. It includes trade agreements, investment treaties, and dispute resolution mechanisms. Writing business research paper topics on international trade and investment law matters because they facilitate economic integration, market access, and global cooperation. These legal frameworks promote trade liberalization, economic growth, and development by reducing trade barriers, tariffs, and investment restrictions. Compliance with international trade and investment laws enables businesses to access new markets, diversify their operations, and capitalize on global opportunities.

Cybersecurity and Data Privacy : Cybersecurity and data privacy laws protect digital information, systems, and networks from unauthorized access, cyber threats, and data breaches. They govern the collection, use, and protection of personal and sensitive data by organizations. Writing business law research paper topics on cybersecurity and data privacy matters because they safeguard privacy rights, confidentiality, and trust in the digital age. These laws mitigate the risks of identity theft, data breaches, and cyber attacks, preserving the integrity and security of digital assets. Compliance with cybersecurity and data privacy regulations builds consumer confidence, enhances brand reputation, and minimizes legal liabilities for businesses.

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Free Business & Corporate Law Essay Examples & Topics

Business law is a branch of law governing commercial relationships and dealings between people and legal entities. Studying it, you’re likely to write a paper on the related topic at some point. With this article, we’re striving to help you excel at your corporate & business law essay.

For starters, there are different types of business law. The first one is employment laws that deal with employee and employer relationships. Then, there are business formation and structures . They concern tax and federal laws, registration of intellectual property, etc. The last type is contract laws that govern business deals, sales, transactions, and employees’ non-disclosure agreements. One can say that contracts are the most critical area of business law.

In this article, you’ll find business law essay examples that will help you to nail this complicated assignment. Our experts have also combined tips on how to start such a paper. Additionally, we’ve included a list of business law essay topics so you can start right away.

Now that you know the main aspects of business law, you can start drafting your essay. In this section, let’s consider what prewriting steps you should take.

Before composing your business & company law essay, try doing the following:

– Scrutinize your assignment . It’s one of the steps that some students fail to accomplish. You can lose valuable points if you don’t read the instructions carefully. Take notice of what structure you’re asked to follow. See the required formatting style and how many sources you should provide in the reference list.

– Find or come up with an appropriate topic. There are many topics you can choose from, and this article can help you find one. Strive to write about an idea that sparkles interest in you. This way, researching it and composing your paper will be engaging. Besides, look for something easy to find information about and explore by yourself.

– Research it thoroughly. Before starting your essay, you need to find and document your sources. Seek appropriate journals and recent publications from specialists in business law. Once you selected your heads, you need to take notes. Decide what you’re going to quote or paraphrase in your paper. To use an article as your evidence, you can use our online summarizer to cut it down.

– Outline your essay. First, come up with a thesis statement where you convey the central message. Then, based on your notes, organize arguments and evidence for your business & corporate law essay. A system helps you keep an exemplary structure and fit all your ideas properly.

With the tips above, you’re almost ready to start writing. The only thing you need is a good topic. In this list, you will find ideas that can help you write your business law essay. Besides, you can try our title generator that will create one for you.

Check the following topics for business & corporate law essays:

• Age discrimination in the workplace.
• NDAs and how to protect businesses.
• Affirmative action programs at work.
• Whistleblower laws and how it affects some cases.
• Why is business law important for countries?
• The 4 P’s of corporate governance.
• The benefits of international business laws.
• Challenges in international business transactions.
• Advantages of separate legal entities.
• Negotiable instruments in business law.
• Minority shareholders protection laws.
• The importance of the business ethics code.
• Analysis of the corporate veil’s lifting.
• Criminal law in a business context and cases.
• The essential principles of corporate law in Delaware.
• Controversial corporate Supreme Court decision: examples and analysis.
• Business laws and a peaceful workplace environment.
• A corporate counsel: roles, liabilities, requirements, and duties.
• The part of business law for students.
• The role and functions of a lawyer in the business.
• The different types of international business law.
• Discussing contract elements and their role.
• Analysis of the structure of transactions under international business law.
• What is the significance of online privacy policies for the contract law?

Thank you for reading the article! We hope you found it helpful. Now you can check the examples of business law essays below.

663 Best Essay Examples on Business & Corporate Law

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Home — Essay Samples — Law, Crime & Punishment — Laws & Regulations — Business Law

Essays on Business Law

Brief description of business law.

Business Law encompasses the legal rules and regulations that govern commercial and business transactions. It covers a wide range of topics, including contracts, intellectual property, employment law, and corporate governance. Understanding Business Law is crucial for both business professionals and individuals, as it provides the framework for conducting business in a fair and ethical manner.

Importance of Writing Essays on This Topic

Essays on Business Law are significant for academic and personal exploration as they help students develop a deep understanding of legal concepts and their practical application in the business world. Writing essays also encourages critical thinking and analysis of real-world legal issues, preparing students for careers in business and law.

Tips on Choosing a Good Topic

• Select a topic that aligns with your interests and career goals within the business and legal field.
• Consider current events and recent legal developments to find relevant and timely essay topics.
• Choose a topic that allows for in-depth research and analysis, offering opportunities for original insights and perspectives.

Essay Topics

• The impact of intellectual property laws on innovation in the technology industry.
• The role of corporate governance in preventing financial scandals and ethical misconduct.
• Analyzing the legal and ethical implications of employee surveillance in the workplace.
• The challenges of international business transactions and the role of international trade law.
• Exploring the legal and ethical issues surrounding data privacy and cybersecurity in the digital age.
• The impact of antitrust laws on market competition and consumer protection.
• The legal considerations of starting a small business and navigating regulatory requirements.
• The role of environmental regulations in shaping corporate sustainability and social responsibility.
• Analyzing the legal and ethical implications of corporate whistleblowing and protection for whistleblowers.
• The intersection of business law and social justice: addressing inequality and discrimination in the workplace.

Concluding Thought

Writing essays on Business Law offers a valuable opportunity to engage with complex legal issues and develop a deeper understanding of the legal framework that governs business practices. By exploring diverse topics within Business Law, students can gain insight into the practical application of legal principles in the business world and develop critical thinking skills that are essential for success in the field.

The Importance of Business Law and Its Role in Commercial Environment

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• Research Guides

BUSAD 218 - Business Law

• APA Format: Format your paper & cite your sources
• Topic Selection
• Background Reading & Research Questions
• Use Credible Sources
• Find Information (Gather Sources)

APA Tutorial

Formatting your paper, headings organize your paper (2.27), video tutorials, reference list format (9.43).

• Elements of a Reference

Reference Examples (Chapter 10)

Dois and urls (9.34-9.36), in-text citations.

• In-Text Citations Format
• In-Text Citations for Specific Source Types

NoodleTools

What is apa style.

APA style was created by social and behavioral scientists to standardize scientific writing. APA style is most often used in:

• psychology,
• social sciences (sociology, business), and

If you're taking courses in any of these areas, be prepared to use APA style.

For in-depth guidance on using this citation style, refer to Publication Manual of the American Psychological Association , 7th ed. We have several copies available at the MJC Library at the call number  BF 76.7 .P83 2020 .

APA Style, 7th ed.

In October 2019, the American Psychological Association made radical changes its style, especially with regard to the format and citation rules for students writing academic papers. Use this guide to learn how to format and cite your papers using APA Style, 7th edition.

You can start by viewing the  video tutorial .

For help on all aspects of formatting your paper in APA Style, see   The Essentials  page on the APA Style website.

• sans serif fonts such as 11-point Calibri, 11-point Arial, or 10-point Lucida Sans Unicode, or
• serif fonts such as 12-point Times New Roman, 11-point Georgia, or normal (10-point) Computer Modern (the default font for LaTeX)
• There are exceptions for the  title page ,  tables ,  figures ,  footnotes , and  displayed equations .
• Margins :  Use 1-in. margins on every side of the page.
• Align the text of an APA Style  paper to the left margin . Leave the right margin uneven, or “ragged.”
• Do not use full justification for student papers.
• Do not insert hyphens (manual breaks) in words at the end of line. However, it is acceptable if your word-processing program automatically inserts breaks in long hyperlinks (such as in a DOI or URL in a reference list entry).
• Indent the first line of each paragraph of text 0.5 in . from the left margin. Use the tab key or the automatic paragraph-formatting function of your word-processing program to achieve the indentation (the default setting is likely already 0.5 in.). Do not use the space bar to create indentation. 
• There are exceptions for the  title page ,  section labels ,  abstract ,  block quotations ,  headings ,  tables and figures ,  reference list , and  appendices .

Paper Elements

Student papers generally include, at a minimum: 

• Title Page (2.3)
• Text (2.11)
• References  (2.12)

Student papers may include additional elements such as tables and figures depending on the assignment. So, please check with your teacher!

Student papers generally  DO NOT  include the following unless your teacher specifically requests it:

• Running head
• Author note

For complete information on the  order of pages , see the APA Style website.

Number your pages consecutively starting with page 1. Each section begins on a new page. Put the pages in the following order:

• Page 1: Title page
• Page 2: Abstract (if your teacher requires an abstract)
• Page 3: Text 
• References begin on a new page after the last page of text
• Footnotes begin on a new page after the references (if your teacher requires footnotes)
• Tables begin each on a new page after the footnotes (if your teacher requires tables) 
• Figures begin on a new page after the tables (if your teacher requires figures)
• Appendices begin on a new page after the tables and/or figures (if your teacher requires appendices)

Sample Papers With Built-In Instructions

To see what your paper should look like, check out these sample papers with built-in instructions.

APA Style uses five (5) levels of headings to help you organize your paper and allow your audience to identify its key points easily. Levels of headings establish the hierarchy of your sections just like you did in your paper outline.

APA tells us to use "only the number of headings necessary to differentiate distinct section in your paper." Therefore, the number of heading levels you create depends on the length and complexity of your paper.

See the chart below for instructions on formatting your headings:

Use Word to Format Your Paper:

Use Google Docs to Format Your Paper:

Placement:  The reference list  appears at the end of the paper, on its own page(s). If your research paper ends on page 8, your References begin on page 9.

Heading:  Place the section label References  in bold at the top of the page, centered.

Arrangement:  Alphabetize entries by author's last name. If source has no named author, alphabetize by the title, ignoring A, An, or The. (9.44-9.48)

Spacing:  Like the rest of the APA paper, the reference list is double-spaced throughout. Be sure NOT to add extra spaces between citations.

Indentation:  To make citations easier to scan, add a  hanging indent  of 0.5 in. to any citation that runs more than one line. Use the paragraph-formatting function of your word processing program to create your hanging indent.  

See Sample References Page (from APA Sample Student Paper):

Elements of Reference List Entries: (Chapter 9)

References generally have four elements, each of which has a corresponding question for you to answer:

• Author:   Who is responsible for this work? (9.7-9.12)
• Date:   When was this work published? (9.13-9.17)
• Title:   What is this work called? (9.18-9.22)
• Source:   Where can I retrieve this work? (9.23-9.37)

By using these four elements and answering these four questions, you should be able to create a citation for any type of source.

For complete information on all of these elements, checkout the APA Style website.

This infographic shows the first page of a journal article. The locations of the reference elements are highlighted with different colors and callouts, and the same colors are used in the reference list entry to show how the entry corresponds to the source.

To create your references, you'll simple look for these elements in your source and put them together in your reference list entry.

American Psychological Association.  Example of where to find reference information for a journal article  [Infographic]. APA Style Center. https://apastyle.apa.org/style-grammar-guidelines/references/basic-principles

Below you'll find two printable handouts showing APA citation examples. The first is an abbreviated list created by MJC Librarians. The second, which is more comprehensive, is from the APA Style website. Feel free to print these for your convenience or use the links to reference examples below:

• APA Citation Examples Created by MJC Librarians for you.
• Common References Examples (APA Handout) Printable handout from the American Psychological Association.
• Journal Article
• Magazine Article
• Newspaper Article
• Edited Book Chapter
• Webpage on a Website

Classroom or Intranet Sources

• Classroom Course Pack Materials
• How to Cite ChatGPT
• Dictionary Entry
• Government Report
• Legal References (Laws & Cases)
• TED Talk References
• Religious Works
• Open Educational Resources (OER)
• Archival Documents and Collections

You can view the entire Reference Examples website below and view a helpful guide to finding useful APA style topics easily:

• APA Style: Reference Examples
• Navigating the not-so-hidden treasures of the APA Style website
• Missing Reference Information

Sometimes you won't be able to find all the elements required for your reference. In that case, see the  instructions in Table 9.1 of the APA style manual in section 9.4 or the APA Style website below:

• Direct Quotation of Material Without Page Numbers

The DOI or URL is the final component of a reference list entry. Because so much scholarship is available and/or retrieved online, most reference list entries end with either a DOI or a URL.

• A  DOI  is a unique alphanumeric string that identifies content and provides a persistent link to its location on the internet. DOIs can be found in database records and the reference lists of published works.
• A  URL  specifies the location of digital information on the internet and can be found in the address bar of your internet browser. URLs in references should link directly to the cited work when possible.

When to Include DOIs and URLs:

• Include a DOI for all works that have a DOI, regardless of whether you used the online version or the print version.
• If an online work has both a DOI and a URL, include only the DOI.
• For works without DOIs from websites (not including academic research databases), provide a URL in the reference (as long as the URL will work for readers).
• For works without DOIs from most academic research databases, do not include a URL or database information in the reference because these works are widely available. The reference should be the same as the reference for a print version of the work.
• For works from databases that publish original, proprietary material available only in that database (such as the UpToDate database) or for works of limited circulation in databases (such as monographs in the ERIC database), include the name of the database or archive and the URL of the work. If the URL requires a login or is session-specific (meaning it will not resolve for readers), provide the URL of the database or archive home page or login page instead of the URL for the work. (See APA Section 9.30 for more information). 
• If the URL is no longer working or no longer provides readers access to the content you intend to cite, try to find an archived version using the Internet Archive , then use the archived URL. If there is no archived URL, do not use that resource.

Format of DOIs and URLs:

Your DOI should look like this: 

https://doi.org/10.1037/a0040251

Follow these guidelines from the APA Style website.

APA Style uses the  author–date citation system , in which a brief in-text citation points your reader to the full reference list entry at the end of your paper. The in-text citation appears within the body of the paper and briefly identifies the cited work by its author and date of publication. This method enables your reader to locate the corresponding entry in the alphabetical reference list at the end of your paper.

Each work you cite  must  appear in the reference list, and each work in the reference list must be cited in the text (or in a table, figure, footnote, or appendix) except for the following (See APA, 8.4):

• Personal communications (8.9)
• General mentions of entire websites, whole periodicals (8.22), and common software and apps (10.10) in the text do not require a citation or reference list entry.
• The source of an epigraph does not usually appear in the reference list (8.35)
• Quotations from your research participants do not need citations or reference list entries (8.36)
• References included in a statistical meta-analysis, which are marked with an asterisk in the reference list, may be cited in the text (or not) at the author’s discretion. This exception is relevant only to authors who are conducting a meta-analysis (9.52).

Formatting Your In-Text Citations

Parenthetical and Narrative Citations: ( See APA Section  8.11)

In APA style you use the author-date citation system for citing references within your paper. You incorporate these references using either a  parenthetical   or a  narrative  style.

Parenthetical Citations

• In parenthetical citations, the author name and publication date appear in parentheses, separated by a comma. (Jones, 2018)
• A parenthetical citation can appear within or at the end of a sentence.
• When the parenthetical citation is at the end of the sentence, put the period or other end punctuation after the closing parenthesis.
• If there is no author, use the first few words of the reference list entry, usually the "Title" of the source: ("Autism," 2008) See APA 8.14
• When quoting, always provide the author, year, and specific page citation or paragraph number for nonpaginated materials in the text (Santa Barbara, 2010, p. 243).  See APA 8.13
• For most citations, the parenthetical reference is placed BEFORE the punctuation: Magnesium can be effective in treating PMS (Haggerty, 2012).

Narrative Citations 

In narrative citations, the author name or title of your source appears within your text and the publication date appears in parentheses immediately after the author name. 

• Santa Barbara (2010) noted a decline in the approval of disciplinary spanking of 26 percentage points from 1968 to 1994.

In-Text Citation Checklist

• In-Text Citation Checklist Use this useful checklist from the American Psychological Association to ensure that you've created your in-text citations correctly.

In-Text Citations for Specific Types of Sources

Quotations from Research Participants

Personal Communications

Secondary Sources  

Use NoodleTools to Cite Your Sources  

NoodleTools can help you create your references and your in-text citations.

• NoodleTools Express No sign in required . When you need one or two quick citations in MLA, APA, or Chicago style, simply generate them in NoodleTools Express then copy and paste what you need into your document. Note: Citations are not saved and cannot be exported to a word processor using NoodleTools Express.
• NoodleTools (Login Full Database) This link opens in a new window Create and organize your research notes, share and collaborate on research projects, compose and error check citations, and complete your list of works cited in MLA, APA, or Chicago style using the full version of NoodleTools. You'll need to Create a Personal ID and password the first time you use NoodleTools.

See How to Use NoodleTools Express to Create a Citation in APA Format

Additional NoodleTools Help

• NoodleTools Help Desk Look up questions and answers on the NoodleTools Web site
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Business Law - Free Essay Examples And Topic Ideas

An essay on business law can focus on the legal principles and regulations governing commercial activities. It can discuss contract law, intellectual property rights, corporate governance, and the role of business lawyers in advising companies and resolving legal disputes, emphasizing the importance of legal compliance in the business world. A substantial compilation of free essay instances related to Business Law you can find in Papersowl database. You can use our samples for inspiration to write your own essay, research paper, or just to explore a new topic for yourself.

A Definition of Contract in Business Law

A contract is a binding agreement made between two competent parties that can be written verbal or implied. The purpose of a contract is to create an agreement that can be supported by the law ( Wests Encyclopedia). As we enter the new millenium, and with the increase in the number of businesses (including e-commerce), we need to know more and more about contract law. Knowledge of contract law can also protect consumers and businesses from misunderstandings. The six elements […]

An Introduction to the Analysis of Business Law

What is business? Simply put, it is a commercial or mercantile activity engaged in as a means of livelihood. (Miriam-Webster, 2010) Businesses are typically organized as a sole proprietorship, partnership, or corporation. Sole proprietorship is the oldest, simplest, and natural type of organization. (Informationbible.com, 2005-2009) A proprietor reaps all the benefits and accepts unlimited liability of the business. Most small businesses are, or start out as, a proprietorship. A partnership, generally, is a relationship of two or more entities conducting […]

Fourth Amendment of the United States Constitution Overview

Within the area of business law, there are various controversial topics. One of these is whether there should be employee drug testing. While it is common in the private sector, local governments are now also interested in testing employees even though there are restrictions. (Cite). After reading through different articles, I believe there should no longer be employee drug testing. Under the Fourth Amendment of the United States Constitution, drug testing by governmental employers establishes a “search” (Cite). In order […]

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Legal Harmony: Orchestrating Corporate Success through Business Law

In the ever-shifting currents of the corporate landscape, the intricate tapestry of business law unravels a captivating narrative. Much like a refined dance, legal frameworks choreograph the nuanced movements of companies, setting the stage for transactions, conflicts, and the overarching rhythm of commerce. Business law, an eloquent symphony composed of regulations and statutes, takes on the role of an invisible conductor, orchestrating the harmony of rights, responsibilities, and ethical considerations that define the contemporary business panorama. At its essence, business […]

Legal Ballet: the Dynamic Interplay of Business Law in Commerce

Imagine a legal odyssey, where the intricate ballet of commerce unfolds under the watchful eye of business law. It's a dynamic journey, a tapestry of legal intricacies weaving through the labyrinth of transactions, contracts, and disputes. Rather than a dry legal manual, business law becomes the protagonist in a captivating saga, orchestrating the dance of the business world with finesse. At the heart of this epic tale is contract law, the maestro conducting a symphony of agreements that define business […]

Business Lawsuits: Strategies in Liability and Risk Management

In the contemporary landscape of commerce, enterprises face an ever-present challenge: the specter of litigation. This essay delves into the intricate realm of liability and risk management, exploring legal strategies aimed at curtailing business exposure to legal disputes. In today's dynamic marketplace, where uncertainties lurk around every corner, prudent businesses recognize the imperative of safeguarding themselves against potential legal entanglements. One of the fundamental pillars of this endeavor is comprehensive risk assessment. By meticulously scrutinizing their operations, companies can identify […]

The Vital Role of Business Law in Modern Commerce

Business Law unveils a tapestry woven with legal intricacies, ethical quandaries, and pragmatic solutions. This essay sets sail on the tumultuous seas of commercial regulation, navigating the turbulent waters of contractual obligations, corporate governance, and intellectual property rights. At the heart of Business Law lies a symbiotic relationship between regulation and innovation. Rather than shackling creativity, legal frameworks provide the scaffolding upon which entrepreneurial endeavors thrive. Consider the dance of intellectual property rights, where the choreography of patents, trademarks, and […]

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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

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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:

• Ackerman, B. (1989). Constitutional politics/constitutional law. Yale Law Journal, 99, 453–547.
• Alexy, R. (2004). The argument from injustice: A reply to legal positivism. Oxford, UK: Clarendon.
• Brownlie, I. (2008). Principles of public international law (7th ed.). Oxford, UK: Oxford University Press.
• Dawkins, R. (1989). The selfish gene (2nd ed.). Oxford, UK: Oxford University Press.
• de Waal, F. (1982). Chimpanzee politics. Baltimore: John Hopkins University Press.
• Donovan, J. M. (2007). Legal anthropology. Lanham, MD:Altamira.
• Dworkin, R. (1986). Law’s empire. Cambridge, MA: Harvard University Press.
• Ehrlich, E. (1936). Fundamental principles of the sociology of law. Cambridge, MA: Harvard University Press.
• Fortes, M., & Evans-Pritchard, E. E. (Eds.). (1940). African political systems. Oxford, UK: Oxford University Press.
• Friedmann, W. (1964). The changing structure of international law. London: Stevens.
• Gehlen, A. (1988). Man: His nature and place in the world. New York: Columbia University Press.
• Goody, J. (1986). The logic of writing and the organisation of society. Cambridge, UK: Cambridge University Press.
• Hart, H. L. A. (1994). The concept of law (2nd ed.). Oxford, UK: Oxford University Press.
• Holmes, O. W. (1897). The path to law. Harvard Law Review, 10, 457–478.
• Jehring, R. von (1915). The struggle for law (2nd ed.). Chicago: Callaghan.
• Kant, I. (1996): Metaphysics of morals (M. Gregor, Trans. & Ed.). Cambridge, UK: Cambridge University Press.
• Kelsen, H. (1970). Pure theory of law (2nd ed.). Berkeley: University of California.
• Lembcke, O. W. (2009). Law. In H. J. Birx (Ed.), Encyclopedia of time (Vol. 2, pp. 772–774). Thousand Oaks, CA: Sage.
• Llewellyn, K. N., & Hoebel, E. A. (1961). The Cheyenne way. Norman: University of Oklahoma Press.
• Luhmann, N. (2004). Law as a social system. Oxford, UK: Oxford University Press.
• Maine, H. S. (1963). Ancient law. Boston: Beacon.
• Malinoswky, B. (1926). Crime and custom in savage society. London: Routledge & Kegan Paul.
• Pospíšil, L. (1974). Anthropology of law: A comparative theory. New Haven, CT: Human Relations Area Files Press.
• Raz, J. (1980). The concept of a legal system (2nd ed.). Oxford, UK: Clarendon.
• Savigny, F. C. von (1975). Of the vocation of our age for legislation and jurisprudence. New York: Arno.

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The official APA website contains a wide variety of support materials for using this style in your writing process. The full edition of the APA Style guide is not free, but the support documents are freely accessible.

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*Note - When citing information from a database, use the DOI (digital object identifier). If no DOI is available, no retrieval information will be included in the reference. List the author, date, title, journal name, volume number, issue number, and page number. The name of the journal and the volume number will be in italics. The issue number will be in parentheses.

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Legal Research Strategy

Preliminary analysis, organization, secondary sources, primary sources, updating research, identifying an end point, getting help, about this guide.

This guide will walk a beginning researcher though the legal research process step-by-step. These materials are created with the 1L Legal Research & Writing course in mind. However, these resources will also assist upper-level students engaged in any legal research project.

How to Strategize

Legal research must be comprehensive and precise.  One contrary source that you miss may invalidate other sources you plan to rely on.  Sticking to a strategy will save you time, ensure completeness, and improve your work product. 

Follow These Steps

Running Time: 3 minutes, 13 seconds.

Make sure that you don't miss any steps by using our:

• Legal Research Strategy Checklist

If you get stuck at any time during the process, check this out:

• Ten Tips for Moving Beyond the Brick Wall in the Legal Research Process, by Marsha L. Baum

Understanding the Legal Questions

A legal question often originates as a problem or story about a series of events. In law school, these stories are called fact patterns. In practice, facts may arise from a manager or an interview with a potential client. Start by doing the following:

• Read anything you have been given
• Analyze the facts and frame the legal issues
• Assess what you know and need to learn
• Note the jurisdiction and any primary law you have been given
• Generate potential search terms

Jurisdiction

Legal rules will vary depending on where geographically your legal question will be answered. You must determine the jurisdiction in which your claim will be heard. These resources can help you learn more about jurisdiction and how it is determined:

• Legal Treatises on Jurisdiction
• LII Wex Entry on Jurisdiction

This map indicates which states are in each federal appellate circuit:

Getting Started

Once you have begun your research, you will need to keep track of your work. Logging your research will help you to avoid missing sources and explain your research strategy. You will likely be asked to explain your research process when in practice. Researchers can keep paper logs, folders on Westlaw or Lexis, or online citation management platforms.

Organizational Methods

Tracking with paper or excel.

Many researchers create their own tracking charts.  Be sure to include:

• Search Date
• Topics/Keywords/Search Strategy
• Citation to Relevant Source Found
• Save Locations
• Follow Up Needed

Consider using the following research log as a starting place: 

• Sample Research Log

Tracking with Folders

Westlaw and Lexis offer options to create folders, then save and organize your materials there.

• Lexis Advance Folders
• Westlaw Edge Folders

Tracking with Citation Management Software

For long term projects, platforms such as Zotero, EndNote, Mendeley, or Refworks might be useful. These are good tools to keep your research well organized. Note, however, that none of these platforms substitute for doing your own proper Bluebook citations. Learn more about citation management software on our other research guides:

• Guide to Zotero for Harvard Law Students by Harvard Law School Library Research Services Last Updated Aug 9, 2024 399 views this year
• Zotero by Daniel Becker Last Updated Aug 30, 2024 26520 views this year

Types of Sources

There are three different types of sources: Primary, Secondary, and Tertiary.  When doing legal research you will be using mostly primary and secondary sources.  We will explore these different types of sources in the sections below.

Secondary sources often explain legal principles more thoroughly than a single case or statute. Starting with them can help you save time.

Secondary sources are particularly useful for:

• Learning the basics of a particular area of law
• Understanding key terms of art in an area
• Identifying essential cases and statutes

Consider the following when deciding which type of secondary source is right for you:

• Scope/Breadth
• Depth of Treatment
• Currentness/Reliability

For a deep dive into secondary sources visit:

• Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises by Catherine Biondo Last Updated Apr 12, 2024 6439 views this year

Legal Dictionaries & Encyclopedias

Legal dictionaries.

Legal dictionaries are similar to other dictionaries that you have likely used before.

• Black's Law Dictionary
• Ballentine's Law Dictionary

Legal Encyclopedias

Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions and explaining terms of art. They also provide citations to primary law and relevant major law review articles.  

Here are the two major national encyclopedias:

• American Jurisprudence (AmJur) (Westlaw)
• American Jurisprudence (Lexis)
• Corpus Juris Secundum (CJS)

Treatises are books on legal topics.  These books are a good place to begin your research.  They provide explanation, analysis, and citations to the most relevant primary sources. Treatises range from single subject overviews to deep treatments of broad subject areas.

It is important to check the date when the treatise was published. Many are either not updated, or are updated through the release of newer editions.

To find a relevant treatise explore:

• Legal Treatises by Subject by Catherine Biondo Last Updated Apr 12, 2024 6029 views this year

American Law Reports (ALR)

American Law Reports (ALR) contains in-depth articles on narrow topics of the law. ALR articles, are often called annotations. They provide background, analysis, and citations to relevant cases, statutes, articles, and other annotations. ALR annotations are invaluable tools to quickly find primary law on narrow legal questions.

This resource is available in both Westlaw and Lexis:

• American Law Reports on Westlaw (includes index)
• American Law Reports on Lexis

Law Reviews & Journals

Law reviews are scholarly publications, usually edited by law students in conjunction with faculty members. They contain both lengthy articles and shorter essays by professors and lawyers. They also contain comments, notes, or developments in the law written by law students. Articles often focus on new or emerging areas of law and may offer critical commentary. Some law reviews are dedicated to a particular topic while others are general. Occasionally, law reviews will include issues devoted to proceedings of panels and symposia.

Law review and journal articles are extremely narrow and deep with extensive references. 

To find law review articles visit:

• Law Journal Library on HeinOnline
• Law Reviews & Journals on LexisNexis
• Law Reviews & Journals on Westlaw

Restatements

Restatements are highly regarded distillations of common law, prepared by the American Law Institute (ALI). ALI is a prestigious organization comprised of judges, professors, and lawyers. They distill the "black letter law" from cases to indicate trends in common law. Resulting in a “restatement” of existing common law into a series of principles or rules. Occasionally, they make recommendations on what a rule of law should be.

Restatements are not primary law. However, they are considered persuasive authority by many courts.

Restatements are organized into chapters, titles, and sections.  Sections contain the following:

• a concisely stated rule of law,
• comments to clarify the rule,
• hypothetical examples,
• explanation of purpose, and
• exceptions to the rule  

To access restatements visit:

• American Law Institute Library on HeinOnline
• Restatements & Principles of the Law on LexisNexis
• Restatements & Principles of Law on Westlaw

Primary Authority

Primary authority is "authority that issues directly from a law-making body."   Authority , Black's Law Dictionary (11th ed. 2019).   Sources of primary authority include:

• Constitutions
• Statutes 

Regulations

Access to primary legal sources is available through:

• Bloomberg Law
• Free & Low Cost Alternatives

Statutes (also called legislation) are "laws enacted by legislative bodies", such as Congress and state legislatures.  Statute , Black's Law Dictionary (11th ed. 2019).

We typically start primary law research here. If there is a controlling statute, cases you look for later will interpret that law. There are two types of statutes, annotated and unannotated.

Annotated codes are a great place to start your research. They combine statutory language with citations to cases, regulations, secondary sources, and other relevant statutes. This can quickly connect you to the most relevant cases related to a particular law. Unannotated Codes provide only the text of the statute without editorial additions. Unannotated codes, however, are more often considered official and used for citation purposes.

For a deep dive on federal and state statutes, visit:

• Statutes: US and State Codes by Mindy Kent Last Updated Apr 12, 2024 4814 views this year
• 50 State Surveys

Want to learn more about the history or legislative intent of a law?  Learn how to get started here:

• Legislative History Get an introduction to legislative histories in less than 5 minutes.
• Federal Legislative History Research Guide

Regulations are rules made by executive departments and agencies. Not every legal question will require you to search regulations. However, many areas of law are affected by regulations. So make sure not to skip this step if they are relevant to your question.

To learn more about working with regulations, visit:

• Administrative Law Research by AJ Blechner Last Updated Apr 12, 2024 815 views this year

Case Basics

In many areas, finding relevant caselaw will comprise a significant part of your research. This Is particularly true in legal areas that rely heavily on common law principles.

Running Time: 3 minutes, 10 seconds.

Unpublished Cases

Up to  86% of federal case opinions are unpublished. You must determine whether your jurisdiction will consider these unpublished cases as persuasive authority. The Federal Rules of Appellate Procedure have an overarching rule, Rule 32.1  Each circuit also has local rules regarding citations to unpublished opinions. You must understand both the Federal Rule and the rule in your jurisdiction.

• Federal and Local Rules of Appellate Procedure 32.1 (Dec. 2021).
• Type of Opinion or Order Filed in Cases Terminated on the Merits, by Circuit (Sept. 2021).

Each state also has its own local rules which can often be accessed through:

• State Bar Associations
• State Courts Websites

First Circuit

• First Circuit Court Rule 32.1.0

Second Circuit

• Second Circuit Court Rule 32.1.1

Third Circuit

• Third Circuit Court Rule 5.7

Fourth Circuit

• Fourth Circuit Court Rule 32.1

Fifth Circuit

• Fifth Circuit Court Rule 47.5

Sixth Circuit

• Sixth Circuit Court Rule 32.1

Seventh Circuit

• Seventh Circuit Court Rule 32.1

Eighth Circuit

• Eighth Circuit Court Rule 32.1A

Ninth Circuit

• Ninth Circuit Court Rule 36-3

Tenth Circuit

• Tenth Circuit Court Rule 32.1

Eleventh Circuit

• Eleventh Circuit Court Rule 32.1

D.C. Circuit

• D.C. Circuit Court Rule 32.1

Federal Circuit

• Federal Circuit Court Rule 32.1

Finding Cases

Headnotes show the key legal points in a case. Legal databases use these headnotes to guide researchers to other cases on the same topic. They also use them to organize concepts explored in cases by subject. Publishers, like Westlaw and Lexis, create headnotes, so they are not consistent across databases.

Headnotes are organized by subject into an outline that allows you to search by subject. This outline is known as a "digest of cases." By browsing or searching the digest you can retrieve all headnotes covering a particular topic. This can help you identify particularly important cases on the relevant subject.

Running Time: 4 minutes, 43 seconds.

Each major legal database has its own digest:

• Topic Navigator (Lexis)
• Key Digest System (Westlaw)

Start by identifying a relevant topic in a digest.  Then you can limit those results to your jurisdiction for more relevant results.  Sometimes, you can keyword search within only the results on your topic in your jurisdiction.  This is a particularly powerful research method.

One Good Case Method

After following the steps above, you will have identified some relevant cases on your topic. You can use good cases you find to locate other cases addressing the same topic. These other cases often apply similar rules to a range of diverse fact patterns.

• in Lexis click "More Like This Headnote"
• in Westlaw click "Cases that Cite This Headnote"

to focus on the terms of art or key words in a particular headnote. You can use this feature to find more cases with similar language and concepts.  ​

Ways to Use Citators

A citator is "a catalogued list of cases, statutes, and other legal sources showing the subsequent history and current precedential value of those sources.  Citators allow researchers to verify the authority of a precedent and to find additional sources relating to a given subject." Citator , Black's Law Dictionary (11th ed. 2019).

Each major legal database has its own citator.  The two most popular are Keycite on Westlaw and Shepard's on Lexis.

• Keycite Information Page
• Shepard's Information Page

Making Sure Your Case is Still Good Law

This video answers common questions about citators:

For step-by-step instructions on how to use Keycite and Shepard's see the following:

Additional Shepard's Resources

• Shepard's Video Tutorial
• Shepard's Handout
• Shepard's Editorial Phrase Dictionary
• Shepard's Signal Indicators & Analysis Phrases
• Shepard's Citation Services User Guide
• Lexis+ Support and Training Additional online videos and handouts for Lexis+.

Additional KeyCite Resources

• How to Ensure I'm Citing Good Law (Westlaw Video)
• KeyCite Handout
• KeyCite Editorial Phrase Dictionary
• Understanding Next Generation KeyCite
• How to Check the Status of a Case with KeyCite
• Westlaw Precision Support Additional videos and handouts to support your Westlaw research.

Using Citators For

Citators serve three purposes: (1) case validation, (2) better understanding, and (3) additional research.

Case Validation

Is my case or statute good law?

• Parallel citations
• Prior and subsequent history
• Negative treatment suggesting you should no longer cite to holding.

Better Understanding

Has the law in this area changed?

• Later cases on the same point of law
• Positive treatment, explaining or expanding the law.
• Negative Treatment, narrowing or distinguishing the law.

Track Research

Who is citing and writing about my case or statute?

• Secondary sources that discuss your case or statute.
• Cases in other jurisdictions that discuss your case or statute.

Knowing When to Start Writing

For more guidance on when to stop your research see:

• Terminating Research, by Christina L. Kunz

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How to write a legal research paper: All you need to know

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

Introduction:

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

What is a research paper?

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

What is the aim of the legal research paper?

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

How to write a legal research paper?

Step-1 choose a theme or topic:.

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

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

Step-2 Research on your topic:

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

Step-3 Examine and Make a plan:

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

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

Step-4 writing the paper:.

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

The format of the legal research paper:

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

The content of the legal research paper:

The content consists of the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Conclusion:

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

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

References:

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

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Your Path to Excellence in Commercial Law Research Topics Starts from Here!

Commercial law research topics encompass a wide range of legal issues related to business transactions, trade, commerce, and the regulation of commercial activities. These topics along with the other business law dissertation topics explore various aspects of business law which becomes difficult for students to handle. Whether you’re a student aiming to conquer your thesis or a professional delving into complex legal analysis, we’re here to empower you with the tools and guidance you need.

Roadblocks That Stop the Way of Students from Creating Outstanding Commercial Law Thesis Topics

Here is a list of challenges that students might face when working on Commercial Law topics during their academic years:

• Maintaining originality in commercial law research topics and avoiding unintentional plagiarism can be a concern. Students need to learn proper citation techniques and ensure their work is ethically sound.
• Analysing case law, statutes especially on international commercial law research topics, and regulations require critical thinking and the ability to apply legal principles to real-world scenarios accurately.
• Bringing together different sources of information and integrating them into a coherent argument can be tricky, especially when dealing with complex legal theories.
• Crafting clear and focused research questions that address gaps or issues in the field can be difficult. Ambiguous or overly broad questions can hinder the research process.
• Expressing legal concepts clearly and concisely in writing can be difficult, especially for students who are not native speakers of the language in which they’re writing.

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List of Free Commercial Law Research Topics for 2023

After deep research, our professional research writers have created a list of interesting topics in commercial law with aims and objectives that will surely impress your professor.

The impact of blockchain technology on commercial transactions: Opportunities and challenges

The aim of this study is to explore how blockchain technology affects commercial transactions and determine its benefits and drawbacks.

Objectives:

• Assess blockchain technology’s potential to streamline commercial transactions.
• Assessing blockchain technology’s limitations in various businesses.
• To examine how smart contracts automate and secure blockchain commercial transactions.
• To determine blockchain’s legal and regulatory effects on commercial transactions.

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Regulating artificial intelligence in commercial contracts: Legal considerations and implications

To explore how block chain technology affects commercial transactions and determine its benefits and drawbacks.

• To assess blockchain technology’s potential to streamline commercial transactions.
• To examine blockchain technology’s limitations in various businesses.
• To determine block chain’s legal and regulatory effects on commercial transactions.

Cross-border e-commerce and the need for harmonized international regulations.

The aim of this study is to examine need for harmonized international regulations in the context of cross-border e-commerce.

• Evaluate cross-border e-commerce regulations and identify issues.
• Examine how different national legislation affect cross-border e-commerce and consumer protection.
• Examine the pros and cons of harmonising international e-commerce legislation.
• To identify critical components and best practises for harmonising cross-border e-commerce regulation.

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Intellectual property protection in the digital era: Balancing innovation and competition.

This aim of this research is to examine digital IP protection and the need to balance innovation and competition.

• To evaluate how digital technologies affect IP infringement and enforcement.
• To assess digital IP protection issues and potential in the future
• To examine how IP laws and policies promote innovation and fair competition.

The legal implications of data privacy and security in commercial transactions

The aim of this research is to study the legal implications of data privacy and security in commercial transactions.

• To evaluate business data privacy and security laws.
• To assess the dangers and problems of collecting, using, and storing personal data in business transactions.
• To examine how data breaches and unauthorised access affect business and customer trust.
• To determine business data privacy and security laws and best practises.

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Take a review of different varieties of thesis topics and samples from our website TheResearchGuardian.com on multiple subjects for every educational level.

Exploring the legal framework for cryptocurrency and digital assets in commercial transactions

The aim of this research is to examine the commercial cryptocurrency and digital asset laws.

• To assess cryptocurrencies and digital asset regulation in different jurisdictions.
• To assess the legal implications of commercial cryptocurrency and digital asset use.
• To examine how blockchain and smart contracts affect cryptocurrency transaction law.
• To identify legal implications for transparency, security, and consumer protection in cryptocurrency-based business transactions.

Regulatory challenges of online platforms and their impact on traditional business models.

Aim: The aim of this research is to explore how online platforms’ regulatory issues affect traditional business strategies.

• To evaluate online platform regulations and their effects on traditional company models.
• To examine online platforms’ commercial transaction dominance’s competition and antitrust issues.
• To examine platform-to-business regulation and consumer protection concerns and potential.
• To propose online platform methods for balancing innovation, competition, and regulatory compliance.

Corporate governance and shareholder rights in the age of corporate social responsibility.

The aim of this research is to explore the implications of corporate social responsibility on corporate governance and shareholder rights.

• Determine how corporate social responsibility affects corporate governance.
• To assess shareholder rights and interests in corporate social responsibility programmes.
• To examine the pros and cons of incorporating ESG issues into corporate decision-making.
• To establish legal frameworks and best practises for responsible corporate governance and shareholder rights in corporate social responsibility.

Contractual implications of emerging technologies, such as 3D printing and autonomous vehicles

The aim of this research is to study the implications of emerging technologies

• To examine how evolving technologies affect commercial contract formulation and performance.
• To examine the problems and hazards of incorporating developing technologies into commercial agreements.
• To examine how standardisation and adaption affect new technology contractual considerations.
• To design commercial transaction liability and risk allocation frameworks for emerging technologies.

The legal frameworks for consumer protection in the digital marketplace

To examine the legal framework for consumer protection in the digital marketplace

• To evaluate digital consumer protection laws.
• To assess consumer hazards in online transactions and digital platforms.
• To examine how consumer rights and remedies address digital marketplace fraud, deception, and unfair practises.
• To identify tactics and policy suggestions for digital consumer protection, innovation, and market efficiency.

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The service-based industry works on positive outcomes. The Research Guardian has earned the name due to the following reasons.

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• From primary sources to empirical studies, we assist in gathering, organizing, and analysing data to ensure your research stands on solid evidentiary ground.
• We stay ahead of the curve with insights into the latest developments, trends, and debates in Commercial Law dissertation topics. Our experts keep a watchful eye on the ever-evolving legal landscape to ensure your research remains current and relevant.
• We recognize that every research journey is unique. Our services are designed to offer tailored assistance, helping you identify relevant commercial law dissertation topics, craft research questions, and develop well-structured methodologies that align with your objectives.

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