Argument: How well does the essay answer the question? Is the argument sustained?
Argument: How well does the essay answer the question? Is the argument sustained?
Evidence/Resources: Are relevant examples used to support arguments? Do conclusions flow from evidence? Are sources scholarly?
Critical analysis:
Is the argument analytical, rather than descriptive? Does the essay engage with competing perspectives? Has the subject matter been treated fairly?
Structure/Organisation: Does the argument flow logically and carry throughout? Are paragraphs well written or rambling? Are linking sentences used where needed? Do conclusions flow logically from evidence presented? Is word length as required?
Referencing: Are there enough references? Is referencing system accurate? Has student plagiarised?
Expression/Style: Are syntax and grammar correct? Are there frequent typographical errors? Is meaning of expression clear?
Nuanced and engaging, develops abstract/ theoretical points
Excellent use of appropriate evidence, engagement with all aspects
Shows ingenuity, pointed analysis, excellent interpretation, engages with assumptions & contested meanings
Linkages and signposting are excellent, structure aids clarity of argument, logical order, excellent intro
Accurate and consistent referencing with no errors, accords with recognised format
Excellent, fluent expression, creative and precise, aids the argument
Layout
1. Title page
The title page should show the full title of the essay, your name and course, convenor’s name, and the date of submission. An impressive cover will never (alas!) yield higher marks.
2. Text
I PREFER 1.5 SPACING. Neatness and legibility are important. Ensure that a margin of 2 cm is included on each page. Number all pages except the first.
‘Wordage’ should not be your chief consideration. You should aim at a complete, lucid answer that avoids verbosity and yet provides an adequate coverage of all the relevant aspects of the topic. An essay is primarily an exercise in writing a sharp analysis or argument within a prescribed length, and in producing evidence to support it. One page that really seeks to deal with the set topic is better than two or more pages that hesitantly skirt around the topic.
3. Bibliography or list of references
Attach to your essay a list of sources used.
Stylistic conventions
1. The most important rule in the citation of sources is to settle upon a format that provides complete information, and then use it consistently. There are some complications in citing sources, but if you are in doubt give as full a description of the source as you can, remembering that your purpose is to enable readers to identify the sources as quickly as possible. Clarity and simplicity should be your guidelines.
2. References can be made in the form of numbered footnotes at the bottom of each page, or you may alternatively use the Harvard system of reference (see School of Social Sciences Referencing Guideat http://ift.tt/2yQidto). I consider it important for both academic and vocational purposes that you be familiar with and proficient in using both these systems of citation. The modern trend in citation is to minimise use of punctuation.
3. Books referred to for the first time in footnotes may be cited clearly in the following way:
First name or initials and surname of the author, full title of book (in italics), place and year of publication, volume number (if relevant), page number. For example:
Catharine A. MacKinnon, Are Women Human? And Other International Dialogues (Cambridge: Harvard University Press, 2006) 16.
4. Journal articles referred to for the first time in footnotes may be cited clearly in the following way:
First name or initials and surname of the author, title of article (in inverted commas), title of journal (in italics), volume, issue, date, page number. For example:
Arvonne S. Fraser, ‘Becoming Human: The Origins and Development of Women’s Human Rights’ Human Rights Quarterly 21.4 (November 1999) 853.
5. Where a reference is exactly the same as the preceding one, it is sufficient to write ibid. (Latin, ibidem: in the same place). Where it is exactly the same as the preceding one, except for the page number, it is sufficient to write, for example, ibid. 224. The Harvard citation system does not use ibid.
6. Where a footnote refers, after a number of intervening footnotes, to a work quoted earlier, it is sufficient to give the author’s surname and a short title for the book, for example: MacKinnon, Are Women Human? 29. You may also use the abbreviation op. cit. (Latin, opere citato: in the work cited), for example: MacKinnon, op. cit. 29. However, this abbreviation is falling out of use, mostly because no one knows how to use it properly.
If you cite two different works by the same author you must distinguish them in the footnotes. The first citation of a work must be in full. Subsequent citations should list the author’s surname and a short title of the work, for example:
Fraser, ‘Becoming Human’ 855.
7. When citing material from the internet, it is essential that you follow a scholarly citation protocol. In citing from a website, you must include title (and author, where given) of the site, its url, and the date on which you consulted it. The Learning Page at the Library of Congress provides a useful guide. It is also essential that you keep a copy of the material you used so you can produce it if asked. A good way to do this without killing trees is to save the website on your computer as a pdf file.
8. Failure to acknowledge sources of information is plagiarism.
It is important to adhere to these rules as a matter of habit. Citation of references in a correct form is part of the discipline of academic writing. References must be precise so that readers are able to trace your reference to its source immediately.
General considerations
1. An essay should be an argument: it should present a case. Ask yourself what are the important questions in any particular issue. In other words, you should discuss a problem and not simply narrate events or describe the stages of an argument. It is usually necessary to devote space to narrative or description, but the major task always consists in weighing and assessing evidence and arguing from that evidence to a resolution of your question. Description should be aimed at illustrating your line of argument rather than merely detailing facts.
Have a clear idea in your own mind about what the problem is and what is involved in examining it. Remember that there will rarely be a single clear-cut answer. Be careful to weigh your judgments against opposing views. Avoid sweeping or unsupported generalisations.
2. Sources vary greatly in quality and not all are equally relevant to your purpose. Wherever practicable, work out your own interpretation from the literature. The authority for your work comprises primary texts, that is, documents contemporary with the time of which you write, or reports of people with first-hand experience of events you are discussing. Secondary sources can help you to clarify some point, but they should not be relied on instead of primary texts. Do not accept without question the views expressed or the interpretations given in secondary works. One part of your task is to show an awareness of conflicting arguments by critically evaluating them.
3. Remember that you must note your reference to your source not only for any direct quotation but also for any statement that is not common knowledge and for any opinion that you have drawn from others. Footnotes can be used not only to note your sources, but to explain how you came to an idea. So for example, you could explain in a footnote that you got the original idea from reading source A, but that you went on to modify its insights in the light of reading source B or of talking to your lecturer or a friend.
The purpose of acknowledging sources is to conform to standards of intellectual honesty and to facilitate a reader’s evaluation of your use of sources. It also gives readers a sense of the progress of intellectual discovery, and instructs others in the process of inquiry. Because sources are acknowledged partly to facilitate the scrutiny of your use of sources, do not cite, for example, a whole chapter as your source because the information cited is somewhere in it. You should always include page numbers in your citations.
4. Keep accurate records of your own research so that you can refer to material exactly when writing your essay. In order to minimise the time spent on preparing bibliographies and footnotes, you should make sure that during your preparatory reading, you include in your notes the page of your reference and the title, edition, publisher, date, and place of publication of each book that you read. This will obviate the need to refer to the work a second time in order to check your source for footnotes and bibliographies.
5. Do not copy phrases or sentences verbatim from your source or paraphrase its sentences closely. If you borrow directly from a source, acknowledge the source in a footnote. Borrow and paraphrase cautiously, since the author of secondary material is seldom attempting to address the same problem as that which you are tackling. Plagiarism will lead to automatic failure of the essay as the minimum penalty.
6. When making a direct quotation, quote accurately. Quotations should always be material to your argument, that is, you may quote directly from a primary source as a means of supplying evidence for a point that you wish to make. Do not quote from authorities merely to sum up an argument. Summing up should always be done in your own words, not in the words of another writer. Quotations from books are quite permissible if your purpose is to discuss the words used or the style of argument of the author as illustrated in the passage quoted.
Rearrangements of passages cannot be cited as direct quotations. Certain limited deletions and additions are permitted in quotations in the interest of brevity and grammar; however, words omitted should be indicated by a series of three spaced dots (ellipses), and words inserted or altered in form should be marked by placing them in square brackets. Insertions and alterations should however be kept to a minimum.
7. Style is to some extent a personal matter, but a direct simple style free from mannerisms is best at conveying what you want to say to others. Above all, aim at clarity of meaning. Complex and convoluted sentences will obscure your meaning. Try not to use unnecessary jargon and bear in mind that few readers will be greatly impressed if you use a four-syllable word where a much simpler word would do. Use the active rather than the passive voice or else your opinions will seem hesitant and your arguments weak. For example, it is preferable to say ‘In this essay, I argue that…’, rather than ‘It has been argued in this essay that…’ (or, even more horrible, ‘this essay has argued that…’).
Unless you are a member of the royal family, avoid using ‘we’ or ‘one’ (or worse, ‘this writer’), when you mean ‘I’.
8. Although it is not always easy to reconcile non-sexist language with good grammar, the use of plural or impersonal nouns will get you out of most problems. As an example, say ‘Students should hand in their work on time’, rather than ‘A student should hand in his work on time’ (sexist language), or ‘A student should hand in their work on time’ (bad grammar), or ‘A student should hand in his/her work on time’ (awkward). It is intellectually inappropriate as well as discourteous to your audience to use only masculine terms when women as well as men are being talked about or addressed.
Be careful, however, to note that when writers use ‘man’, they might mean precisely that. Do not assume that writers mean ‘men and women’ when they use ‘man’. In other words, be alive to the gendered construction of problems in writers you consider. It is often a good idea to note in a footnote that you are aware of this concern when you quote from a writer who uses masculine nouns and pronouns.
9. Your first draft should never be the last. Also note that spelling mistakes and sloppy grammar can obscure your meaning. They will probably create the impression of careless writing and, if they are numerous, indicate that the essay was not proof-read after it was written.
Essay checklist
As well as re-reading Notes on essay preparation, you should ask yourself these questions before submitting written work:
1. Do all parts of the essay contribute to a resolution of the question asked of you?
2. Are you sure that you have understood the question? What subsidiary questions are implicit in the broad problem?
3. Is the structure clear? Is it ordered in a logical fashion so that readers are left in no doubt as to the character of the argument being developed?
4. Does the essay take the form of an argument or is it a mere narrative devoid of explanation?
5. Have you satisfactorily defined and/or explained important terms and concepts?
6. Have you included a bibliography of sources used?
7. Does the essay include citations and do they adequately show the sources on which you have drawn? The accepted conventions should be observed (see Notes on Essay Preparation), with footnotes for evidence used to support your argument; statistics; direct quotations; facts that are not common knowledge; and ideas, theories, conclusions and explanations that are not your own.
8. Have you proof-read your essay and made corrections? Remember to use 1.5 spacing in the text of your essay (with single spacing for indented quotations and footnotes).
Some additional notes on use and citation of legal sources
You may use the system(s) of citation preferred by law journals etc. However, for our purposes in this course, you should assume that your readership is the intelligent public, and therefore try to avoid arcane and overly technical language and style wherever possible (it is not always possible of course). For example, write ‘Justice Crennan argues…’ rather than ‘Crennan J argues…’, and avoid the use of terms like supra. Note that contemporary usage, especially in Australia, tends to avoid punctuation in the citing of sources, especially of cases. Cases are often known as and referred to by short titles, egKhawar for Minister for Immigration and Multicultural Affairs v Khawar, or Jacobellis for Jacobellis v Ohio.
Australian court decisions
For decisions and opinions of the High Court, you should use the version in the Commonwealth Law Reports where available. A citation to a case includes, in order, the name of the parties to the case, the year the decision was made, the volume of Commonwealth Law Reports in which the decision appears, the page in the volume on which the report begins, and the page from which any quoted or cited material is taken. For example, Nationwide News Pty Ltd v Wills (1992) 177 CLR 1, 27 means that the High Court decision and opinion in the case of Nationwide News and (against) Wills can be found in volume 177 of Commonwealth Law Reports beginning on page 1.The decision was handed down in 1992. The cited passage is to be found on page 27. You might also need to note the name of the judge from whose opinion you are drawing, and whether the opinion is concurring or dissenting, egNationwide News Pty Ltd v Wills (1992) 177 CLR 1, 27 per Brennan CJ. You should be familiar with the Australian Constitution.
US court decisions
The official version of Supreme Court decisions and opinions in the US is contained in United States Reports (there are several unofficial compilations of Court opinion, which may be relied upon where the volume of US Reports is not yet published ie after around 2012). A citation to a case includes, in order, the name of the parties to the case, the volume of United States Reports in which the decision appears, the page in the volume on which the report begins, the page from which any quoted or cited material is taken, and the year the decision was made. For example, Jacobellis v Ohio 378 US 184, 197 (1963) means that the Supreme Court decision and opinion in the case of Jacobellis against Ohio can be found in volume 378 of United States Reports beginning on page 184. The cited passage is to be found on page 197. The decision in the case was handed down in 1963. You might also need to note the name of the justice and whether the opinion is concurring or dissenting, egJacobellis v Ohio 378 US 184, 197 (1963) (Stewart J, concurring). For citing decisions of the Courts of Appeal and district courts, follow the form noted in the respective reports. If in doubt, ask if time allows, and do your best if it doesn’t: incorrectly noted citations will be corrected not penalised.
You should have some familiarity with the US Constitution, and particularly with its amendments (there are 27, the most recent being in 1992). The first ten amendments, ratified on 15 December 1791, form what is now known as the Bill of Rights. The 1st and 14th Amendments are crucial points of reference in our concerns. The 1st Amendment reads: ‘Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.’ The 14th Amendment concerns due process and equal protection of the law, and is a means by which, beginning in the 1920s, Supreme Court interpretation has extended other constitutional guarantees to the states.
Decisions of other courts
For Canadian, English and other cases, carefully note the form of citation given in the report. Again, consult if in doubt, or follow a reputable guide to citation, such as the Australian Guide to Legal Citation, or Colin Fong, Australian Legal Citation: A Guide (Sydney: Prospect, 1998).
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