Short Notes- The Mechanisms of Scholarship

Meaning

• “Mechanisms of scholarship” means the tools and methods used by law students and lawyers for legal study and research.

• It explains how to find, read, and use legal materials correctly.

• Law cannot be learned by memory alone; it needs research and reference skills.

---

Main Tools of Legal Study

• Legal learning depends on certain books and sources.

• Williams divides them into primary and secondary materials.

---

(A) Primary Sources of Law

• These are the original and authoritative sources.

• Courts and lawyers must follow them.

• They include:

  1. Statutes (Acts of Parliament) – laws made by the legislature.

  2. Case Law (Judicial Decisions) – judgments that form precedents.

  3. Delegated Legislation – rules made by government departments under Acts.

  4. Customs – long-standing local or trade practices accepted as law.

---

(B) Secondary Sources of Law

• These are commentaries or explanations of primary law.

• They help in understanding, but they are not binding.

• They include:

  1. Textbooks and Commentaries (e.g., books by jurists).

  2. Law Journals and Articles (e.g., The Law Quarterly Review).

  3. Dictionaries and Encyclopedias (e.g., Halsbury’s Laws of England).

  4. Case Digests (e.g., All England Law Reports, Weekly Law Reports).

---

Legal Research Skills

• Legal scholarship needs correct research techniques.

• Important skills:

  • Know how to find a case in a law report.

  • Read the headnote and ratio decidendi (main reason for judgment).

  • Check whether a case is still good law (not overruled).

  • Use citations correctly (e.g., [1950] 1 All ER 100).

  • Use indexes and tables of cases properly.

---

Use of Law Reports

• Law reports are the main record of judicial decisions.

• They give facts, arguments, and final judgments.

• Students must know difference between:

  • Authorised reports – checked by judges (e.g., The Law Reports).

  • Unauthorised reports – private publications (e.g., All England Reports).

• Each report includes: case name, court, date, judges, and citations.

---

Use of Statutes

• Statutes are the starting point for many legal rules.

• Students must learn how to read and interpret Acts.

• Key points:

  • Look at sections, subsections, and definitions.

  • Note amendments and repeals.

  • Use interpretation sections and schedules.

  • Refer to official statute books (e.g., Public General Acts).

---

Legal Writing and Citation

• Williams stresses the need for accuracy and honesty in writing.

• Always cite sources when quoting or paraphrasing.

• Avoid copying without credit (it is plagiarism).

• Follow standard citation methods (e.g., OSCOLA or Harvard style).

• Keep notes of all books and cases used.

---

Use of Libraries and Indexes

• A good law student must know how to use the law library.

• Main library tools:

  • Catalogue – to find where a book is kept.

  • Index to Legal Periodicals – to find journal articles.

  • Law Reports Index – to trace earlier or later cases.

• Law libraries in the UK (like the Inns of Court Library) are very well organised; Indian law colleges follow similar systems.

---

Two Examples (given by Williams)

• Example 1: If a student wants to know what “consideration” means in contract law, he must check case law (e.g., Currie v Misa), then statute (Indian Contract Act, s.2(d)), and finally textbooks for explanation.

• Example 2: If a lawyer finds a judgment about negligence, he should confirm it through law reports, see if it was followed or overruled, and note it properly for citation.

---

Qualities of a Good Legal Scholar

• Patience and accuracy.

• Habit of reading law reports regularly.

• Respect for sources and citations.

• Logical and clear writing style.

• Never depend on one book or case only.

• Keep updated with latest changes in law.