How to Write a Law Dissertation Literature Review

A literature review in a law dissertation serves to map the existing academic landscape surrounding your research question. It is not simply a summary of what you have read; rather, it is a critical evaluation of the current scholarship. By analysing the work of other legal scholars, you establish the context for your own research and demonstrate your understanding of the field.

The primary goal is to identify gaps, inconsistencies, or unresolved debates within the existing literature. This allows you to position your dissertation as a necessary contribution to the academic conversation, showing how your work builds upon or challenges established legal theories.

Organising your literature review thematically is generally more effective than a chronological or author-by-author approach. A thematic structure allows you to group sources by the specific issues or debates they address, facilitating a more analytical discussion. For example, if researching data protection, you might create sections for jurisdictional challenges, enforcement mechanisms, and privacy rights.

Within each theme, you can contrast differing academic viewpoints, evaluating which arguments are more persuasive. This approach naturally encourages synthesis, as you are forced to consider how different scholars interact with the same legal concepts.

A common challenge when writing a literature review is relying too heavily on descriptive writing. Descriptive writing merely reports what an author has stated, whereas critical analysis evaluates the strength and validity of their arguments. You must interrogate the literature by questioning the underlying assumptions and methodologies of the sources you review.

Legal critical thinking requires interrogating claims, reasons, evidence, flaws, and plausible alternatives. Students should distinguish descriptive reporting from evaluation and support reasoning with appropriate authority. Your critical voice must be evident throughout the review, guiding the reader to understand the significance of the literature in relation to your research question.

One of the most crucial functions of a literature review is to identify gaps in the existing legal scholarship. A gap may be a specific legal issue that has not been adequately addressed, a contradiction between different academic perspectives, or a new development in the law that has yet to be fully analysed.

By pinpointing these gaps, you create a space for your own research. You can argue that your dissertation will address these unresolved issues, thereby making a valuable contribution to the field. This not only justifies your research but also provides a clear focus for your subsequent chapters.

When working on your literature review, you may seek guidance to help refine your approach. A law tutor can discuss general legal concepts, help you plan your research process, and provide formative feedback on your structure. They may also identify patterns in your writing and coach you to make your own revisions.

However, strict academic integrity boundaries apply. Support must never involve writing, rewriting, substantially editing, or paraphrasing your assessed work. A tutor cannot conduct research, fact-check, or supply authorities for your dissertation. You must retain full authorial control and check your institution's specific rules regarding permitted assistance before sharing any drafts.

Maintaining academic integrity is not only a university requirement but also a professional obligation for future lawyers. The Solicitors Regulation Authority (SRA) requires all applicants to declare any findings of academic misconduct when applying for admission to the roll of solicitors.

Failing to disclose academic misconduct, or being found guilty of offences such as contract cheating, can severely impact your character and suitability assessment. The SRA investigates these declarations thoroughly, and a breach of integrity can prevent your admission as a solicitor.