Struggling with critically analysing an essay question - use the 5W technique to help you brainstorm and come up with an amazing essay answer (see more below) The 5W technique • The 5W technique is a great way to help you brainstorm and begin to firm up a sound argument for your essay (It can be used in essay questions as well). • It involves asking a series of questions: o Who? Who are the main academic authorities who support the law/idea as is stands? Who are the main academic authorities who do not support the law/idea as is stands Who are the main parties involved in a case and what are the arguments of each side o What? What is the law on this issue at the moment? What subsequent cases have applied the key cases? What subsequent cases have questioned the authority? What biases do individual academics have? Are they being objective? What biases do individual judges have? Are they truly independent? • E.g. Lady Hale’s judgements arguably have a feminist approach • E.g. Lord Denning was notorious for going against the status quo What does the government, or non-governmental organisations (NGOs), reputable newspapers, the Law Commission, European Commission and other bodies say about this issue? What court was this case heard in? Is it a binding precedent on lower courts or merely persuasive e.g. a decision of the Privy Council What is the current importance of the issue? What is the likely future direction of the law on this issue? o When? When were the academic articles written on this argument? Have things changed since or are they still relevant? When were the cases on this issue heard? Do they still represent established precedent or have they been overturned? o Where? Where else is the law applied/idea endorsed as it is in the UK i.e. is the law the same in other jurisdictions? Where is the law/idea applied differently i.e. which jurisdictions do things differently? o Which? Which of the judges in a case supported the decision. Why did they support the decision? Which of the judges in a case dissented. Why did they dissent? Which arguments in a case are more persuasive and why? Which arguments in a debate are more persuasive and why?
Posted on: Sat, 18 Oct 2014 14:11:30 +0000
Trending Topics
Recently Viewed Topics
© 2015