Analysing historical arguments

We begin this topic by recalling a comment by Dr. Eleanor Hancock from the Lecturer's Advice section.
Eleanor: "Historians often disagree about things. If you notice differences in your reading, that's great! This is what a lot of
historical writing is about: realising that there aren't clear cut answers, that there is often debate around these questions.
When you notice these differences you then need to work them into your essay in an explicit way. For example you might
write: Historians have differed on the issue of X. Historian A has argued that... whereas Historian B has argued that...."

This section provides examples of how one student has successfully used this approach in her essay. We shall look at this example in detail.
When you are analysing the argument of a historian, you need to think in the following broad terms:

Summarising the argument

What issue(s) is the historian addressing?

What seems to be the historian's argument?

What evidence does the historian present to support this argument?

Evaluating the argument

What do you think about this argument and the evidence it relies on?

How does this argument compare to that of other historians? What do you think of these other arguments?

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Identifying problems
Click on the highlighted text to see the comments.
The Problem Identification section is the most important section of the case study report. In it, you will need to:

identify all the major problems in the case in terms of the management concepts you have studied;

focus on the underlying causes of problems, not just their symptoms;

link each problem identified to both relevant theory and evidence from the case study (i.e. integrate theory with your analysis);

reference all non-original work.

Before starting on the tasks below, read the Case Study Summary. Please note that the Summary does not contain all the events discussed
in the original. If you prefer, you can go straight to the full case study - Lawton, Langridge, Lypton and Lawless, Solicitors. For further advice
you can also consult the Notes on the Case Study Method.

Ordering and presenting information

Good writing in Management, as in other subject areas, requires the structured presentation of information. The normal pattern for this in
English is Introduction - Body - Conclusion, and this structure broadly applies in the Problem Identification section as well.
As your focus is the solution of a managerial problem, the body of the Problem Identification section will also need to cover the following
information:

theory (theories, concepts, issues raised by other writers/experts)

case evidence

your own comments (ideas about, or evaluation of, the problem).

The table below shows how this information is incorporated within the Introduction-Body-Conclusion structure. Notice how the Body includes
two stages:

Problem identification
Introductio
n

1 - Introductory
Stage

identifies the problem arising out of the case study

usually introduces some initial theory as background to the problem identified

introduces case evidence to illustrate the problem identified

may also incorporate further theory

comments on the problem presented through interpretation, discussion of possible

outcomes, etc.

is based on student's own thinking

can also incorporate theory

makes a concluding general statement about the problem before moving on to the next
section or sub-section

Body
2 - Case Evidence
Stage

3 - Commentary
Stage

Conclusion

4 - Conclusion Stage

Remember, you can use theory anywhere within any stage.

(Adapted from Notes on the Case Study Method: Department of Management, Monash University)

Analysing
Many student essays lack focus. This can occur if you are not clear what the precise nature of the task is. If you analyse your task well, you
will focus your research and provide a clear theme around which you can organise your essay. The tasks in this section look at skills involved
in topic analysis, including:

Establishing the task

Researching for the topic

Analysing topics

 Establishing the task

Click on the highlighted text to see the comments.

Which of the following two statements best summarises what you need to demonstrate in your assignment?

a. your knowledge about the assignment topic

b. your skills in using your knowledge to address a particular problem

Check your answer

You do not organise your essay around what you know, but around what you are trying to achieve. If you are clear what you must
achieve, you will be able to structure your research for the essay more effectively, and read materials more purposefully and
effectively. An assignment does not require you to simply reproduce knowledge, it requires you to use it.

It is essential that you understand what your assignment topic requires you to do.

Look at the following assignment topic and identify the question and instruction words which tell you what you
must do

Choose a civil liberty that interests you. How adequately does the statute and common law which applies in Victoria and the
Commonwealth protect that liberty? Compare the level of protection in Australia with that in some other country.

choose

interests

how adequately

applies

protect

compare

Check your answer

Assignment topics usually make quite clear what your task is by using clear instruction words or phrases. In the following
assignment topic there are three quite separate tasks, each clearly set out. The crucial words directing you are set in bold.
Choose a civil liberty that interests you. How adequately does the statute and common law which applies in Victoria and the
Commonwealth protect that liberty? Compare the level of protection in Australia with that in some other country.

Look at the following assignment topic and identify the crucial instruction words or phrases.
It has been suggested by Helga Kuhse and Peter Singer in their article, 'Active Voluntary Euthanasia, Morality and the Law'
(1995) 3 Journal of Law and Medicine 129, that the primary focus in determining the legal permissibility of medical end-of-life
decisions should be the issue of patient consent rather than the subjective intention of the doctor or nurses. Comment critically
on this position, referring to the current legal position in Victoria, and contrasting this with the approach taken in some
overseas jurisdiction.

suggest

determine

consent

comment

refer

contrast

Check your answers

Researching for the topic

The structure of your assignment and the planning of your research are both shaped primarily by your task. However, being clear about your
objectives is not enough. You also need to be clear on what areas of law you need to research.
Look at the following assignment topic:

Choose a civil liberty that interests you. How adequately does the statute and common law which applies in Victoria and the
Commonwealth protect that liberty? Compare the level of protection in Australia with that in some other country.

What do you need to find out in order to deal with each of the components of this assignment? You may feel you have very little idea, since
this is an area completely new to you. However, you can identify a number of things through careful analysis of the topic. This provides a
starting point for your thinking and research.
The following table lists some of the things you would need to know to deal with the assignment on civil liberty. These are only some
examples, and you might like to think of others.

Assignment Tasks

What I need to find out

Choose a civil liberty that interests you.

How adequately does the statute and common law which

applies in Victoria and the Commonwealth protect that
liberty?

Compare the level of protection in Australia with that in

some other country

What counts as a civil liberty?

What are the relevant statute and common laws in Victoria and the
commonwealth?

What protection do the laws of Victoria and the Commonwealth

offer?

Will I find this protection clearly stated somewhere, or will I need

to interpret implications of existing law for the protection of this
liberty?

What criteria can I use to measure "adequacy"?

Which other country should I consider? Have any countries been

particularly concerned with this civil liberty?

What is the protection offered by this country?

What criteria shall I use to compare the two countries? (How are
comparisons usually made?)

Click on the highlighted text to see the comments.

Look at the following assignment topic:

It has been suggested by Helga Kuhse and Peter Singer in their article, 'Active Voluntary Euthanasia, Morality and the Law' (1995) 3
Journal of Law and Medicine 129, that the primary focus in determining the legal permissibility of medical end-of-life decisions should
be the issue of patient consent rather than the subjective intention of the doctor or nurses. Comment critically on this position,
referring to the current legal position in Victoria, and contrasting this with the approach taken in some overseas jurisdiction.

The table below sets out the two main tasks of this assignment. Consider what you might need to know to help deal with
them.
Tasks in the assignment

What I need to find

out

Comment critically on Kuhse and Singer's position that the legal permissibility of medical end-of-life decisions
should focus on the issue of patient consent rather than the intentions of doctors or nurses. Refer to the current
legal position in Victoria.

What questions do I
need to ask myself?

Contrast the position in Victoria with the approach taken in some overseas jurisdiction.

What questions do I
need to ask myself?

Check some sample questions

Researching for the topic

The structure of your assignment and the planning of your research are both shaped primarily by your task. However, being clear about your
objectives is not enough. You also need to be clear on what areas of law you need to research.
Look at the following assignment topic:

Choose a civil liberty that interests you. How adequately does the statute and common law which applies in Victoria and the
Commonwealth protect that liberty? Compare the level of protection in Australia with that in some other country.

What do you need to find out in order to deal with each of the components of this assignment? You may feel you have very little idea, since
this is an area completely new to you. However, you can identify a number of things through careful analysis of the topic. This provides a
starting point for your thinking and research.
The following table lists some of the things you would need to know to deal with the assignment on civil liberty. These are only some
examples, and you might like to think of others.

Assignment Tasks

Choose a civil liberty that interests you.

How adequately does the statute and common law which

applies in Victoria and the Commonwealth protect that
liberty?

Compare the level of protection in Australia with that in

some other country

What I need to find out

What counts as a civil liberty?

What are the relevant statute and common laws in Victoria and the
commonwealth?

What protection do the laws of Victoria and the Commonwealth

offer?

Will I find this protection clearly stated somewhere, or will I need

to interpret implications of existing law for the protection of this
liberty?

What criteria can I use to measure "adequacy"?

Which other country should I consider? Have any countries been

particularly concerned with this civil liberty?

What is the protection offered by this country?

What criteria shall I use to compare the two countries? (How are
comparisons usually made?)

Click on the highlighted text to see the comments.

Look at the following assignment topic:

It has been suggested by Helga Kuhse and Peter Singer in their article, 'Active Voluntary Euthanasia, Morality and the Law' (1995) 3
Journal of Law and Medicine 129, that the primary focus in determining the legal permissibility of medical end-of-life decisions should

be the issue of patient consent rather than the subjective intention of the doctor or nurses. Comment critically on this position,
referring to the current legal position in Victoria, and contrasting this with the approach taken in some overseas jurisdiction.

The table below sets out the two main tasks of this assignment. Consider what you might need to know to help deal with
them.

Tasks in the assignment

What I need to find

out

Comment critically on Kuhse and Singer's position that the legal permissibility of medical end-of-life decisions
should focus on the issue of patient consent rather than the intentions of doctors or nurses. Refer to the current
legal position in Victoria.

What questions do I
need to ask myself?

Contrast the position in Victoria with the approach taken in some overseas jurisdiction.

What questions do I
need to ask myself?

Check some sample questions

Feedback

Comment critically on Kuhse and Singer's position that the legal permissibility of medical end-o

Contrast the position in Victoria with the approach taken in some overseas jurisdiction.

Note the following points:

The questions you ask yourself at this stage may seem basic, but they give
you direction. Issues will become clearer as you research your topic and you
will find greater focus.

If you are clear what you are trying to do, you will read materials far more
purposefully. You will notice more easily what is relevant. You will be clearer
how you need to read specific texts. Are you looking for information explicitly
contained in them, or do you need to 'read between the lines', interpreting
what it might mean for your task?

Reading for and writing your assignment will involve you in using a number of
legal skills you learn in your lectures. These include: interpreting the law,
evaluating legal (and other) arguments, applying the law to new
circumstances, and justifying claims you make (e.g. by appeal to the law).