Legal writing is important in both law school and legal practice, as it shapes how legal professionals communicate complex concepts in an easy way. Among the various types of essays, each serves a different purpose and covers a different genre as well. Argumentative and explanatory legal essays are the topic of discussion of this post, and many students struggle to differentiate between these two types.
Here, we will explore the difference between expository and argumentative writing, so that the confusion among the students can be resolved. By understanding the differences, students can enhance their legal writing skills and effectively communicate their ideas as well.
Purpose of Argumentative Essays
The distinctive feature of argumentative legal essays is their unambiguous thesis statements, which support a certain legal stance or point of view. These essays' main goal is to convince the reader to agree with a certain viewpoint, which is frequently backed up by a solid reason. The goal of writers in this genre is to sway the reader's judgment on a legal matter by carefully presenting facts and counterarguments to support their position.
Writing this kind of essay calls for both a thorough knowledge of the law and the capacity to provide a case that the reader will find convincing. Argumentative essays are unique in that they are persuasive, which makes them a crucial talent for aspiring lawyers.
Sari, E. D. P., & Agustina, M. F. (2022).
Purpose of Explanatory Essays
Conversely, explanatory legal essays or expository essays have a distinct purpose. Without endorsing a particular position, their main goal is to clarify, explain, or evaluate a certain legal topic, concept, or instance. These essays offer unbiased explanations that aid readers in comprehending intricate legal ideas or the ramifications of certain legislation.
Explanatory essays, in contrast to argumentative essays, concentrate on clearly and succinctly presenting facts rather than trying to convince. In order for readers to understand the subtleties of the law, authors must make certain that their clarifications are complete and precise. In legal writing, this impartial tone is essential for clear communication.
Overlapping Features Between the Two
The similarities between explanatory and argumentative essays are one of the reasons why students frequently mix them up. Both kinds of essays support their assertions or justifications by clearly stating the following aspects:
Formal language
Legal jargon
Citations to legislation & case law
Students may feel pressured to use a balanced tone, especially when there is a need for neutral explanation. For pupils to differentiate between the two forms, they must be aware of the overlaps and even get Law coursework help for a better understanding of the common differences.
Thesis Statement & Its Impact
In order to distinguish between argumentative and explanatory articles, thesis statements are essential. The thesis statement in argumentative essays makes a claim and directs the reader to a certain conclusion. Since it establishes the framework for the subsequent arguments, this strong tone is crucial for persuading.
The thesis of explanatory essays, on the other hand, usually outlines the main ideas to be investigated without adopting a stance and offers an impartial summary of the subject. Since it determines the general course of the essay, the difference in thesis formation is an essential component that students must understand in order to write in either genre well.
Misunderstanding due to Structural Similarities
Usually, for every kind of essay, the basic format that is Introduction, body paragraph, and conclusion is the same; likewise, both argumentative and explanatory essays have quite similar structures. While the purpose is different, an argumentative essay emphasizes the viewpoint of the writer, while an expository essay’s main focus is to provide information. Readers often get confused between the purposes of both.
Pupils could depend on well-known templates without taking into account the particular specifications of the essay format. Although the order of ideas is crucial, each section's substance and goal must complement the essay's overall goal. Legal writers who strive for efficacy and clarity must understand that an essay's genre is not determined just by its structure, but by its purpose.
Evaluative Vs Descriptive Tone
Another important element that distinguishes argumentative writing from explanatory writing is the tone of the essay. Argumentative essays evaluate laws or decisions and offer arguments for or against them in an evaluative manner. The goal of this evaluation method is to influence the reader to adopt a specific position.
On the other hand, explanatory essays stick to a descriptive style while concentrating on offering objective information on legal ideas or problems. Students who get the significance of tone are better able to match their writing to the essay's intended goal, improving the communication's efficacy.
Examples Of Expository And Argumentative Essays
For a better understanding, let’s consider an example of Criminal law dissertation topics with respect to argumentative and expository essays. The question of whether the death penalty violates human rights might be the subject of an argumentative essay that clearly states a position backed by case law. An expository essay regarding the same subject, on the other hand, would describe the evolution of the death penalty throughout history, present legislation, and international viewpoints on the subject without making any arguments in favor of or against it.
Students may determine the essay's purpose and write appropriately with the aid of these analogies. An efficient way to practice differentiating between these types in legal education is to use dissertation-level themes.
Training Law Students to Better Differentiate
Law students can use a variety of techniques to assist them in distinguishing between these two types. Much-needed direction may be given by more explicit assignment prompts that outline the preferred essay format. Furthermore, it can improve students' comprehension if the traits and objectives of each essay genre are explicitly taught.
Practice tasks that ask you to contrast and compare the two formats might help you remember these differences even more. By putting these teaching techniques into practice, law schools may better prepare their students to grasp the subtleties of legal writing, which will eventually lead to more effective and transparent communication.
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Conclusion:
For legal writing to be effective, it is crucial to comprehend the main distinctions between objective, tone, thesis, and aim. Students' ability to comfortably traverse both types of legal writing may be improved by law schools by focusing on quick clarity and offering focused teaching. Learning these differences will ultimately result in better legal communication, which will help students and their future legal clients.
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