Using academic commentary is what separates a competent law essay from an excellent one. However, many students either ignore secondary sources entirely or drop in quotations without analysis. Neither approach earns high marks.
1. Why Academic Commentary Matters
Cases and statutes tell you what the law is. Academic commentary tells you what the law ought to be, why it developed as it did, and where it might be heading. Engaging with this literature demonstrates intellectual depth and independent thinking.
2. Where to Find Academic Sources
- Law journals: Law Quarterly Review (LQR), Modern Law Review (MLR), Cambridge Law Journal (CLJ), Oxford Journal of Legal Studies (OJLS)
- Textbooks: Leading practitioner texts and academic monographs
- Law Commission reports: Particularly useful for reform arguments
- Case notes: Published analyses of recent decisions
3. How to Integrate Commentary
Do not simply quote and move on. Follow a three-step pattern:
- Introduce the scholar's argument: "Treitel argues that consideration doctrine is fundamentally incoherent..."
- Explain their reasoning: "...because the courts have failed to distinguish between adequacy and sufficiency consistently."
- Evaluate their position: "While Treitel's critique has force, Chen-Wishart offers a persuasive counter-argument that consideration serves an important cautionary function."
4. Common Mistakes
| Mistake | Better Approach |
|---|---|
| Quoting without analysis | Always explain why the quote matters to your argument |
| Using only one scholar | Show awareness of the academic debate — cite at least two perspectives |
| Treating commentary as authority | Commentary is persuasive, not binding — distinguish from case law |
| Over-relying on textbooks | Journal articles show deeper research; use both |
5. Building Your Reading List
Start with the recommended reading on your module guide. Then follow the footnotes — if a textbook cites an interesting article, read it. Use Westlaw and LexisNexis to search for case notes on key decisions.