Whether it is an LLB dissertation, an LLM thesis or a PhD, the literature review does the same job: it shows what is already known about your topic, what is not, and why your question is worth asking. Here is how to make yours work.
1. Go from broad to narrow
Start with the wider area of law, then narrow step by step to the precise question you answer. By the end, your reader should see the gap and expect your argument to fill it.
2. Organise by themes, not by authors
The most common mistake is a list: "Smith argues… Jones argues… Brown argues…". Group the literature around debates and issues instead, and show where scholars agree, disagree and fall silent.
3. Outline first, and expect it to change
Plan your themes before you write, but treat the outline as a living document. New sources will reshape it. Your first draft is for you to understand the field; the final draft is for your reader to understand it.
4. Choose strong sources
Build on primary sources (cases, legislation, treaties) and on peer-reviewed articles and scholarly books. Use textbooks to find your way in, not as authorities, and newspapers only sparingly, for context.
5. Include the classics and the latest work
Cite the cornerstone works every specialist would expect, plus the most recent scholarship. Recent work shows you are up to date, and that nobody has already answered your question.
6. Mine other footnotes, then check the original
Other authors' footnotes are a great way to find sources, but always read and cite the original yourself.
How it scales
- LLB dissertation: a focused section or short chapter that sets up your question clearly.
- LLM thesis: a fuller chapter that maps the main debates and positions your argument within them.
- PhD: a critical account of the field that makes the case for your original contribution.
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