Date of publication: 2017-09-01 15:22
The opposite of a focused, narrow, crisp thesis is a broad, sprawling, superficial thesis. Compare this original thesis (too general) with three possible revisions (more focused, each presenting a different approach to the same topic):
On the Kantian side, the law should facilitate market transactions because market transactions best reflect autonomous judgments about the value of individual preferences. At least ideally, individuals express and realize their preferences through mutually consensual market transactions consummated from positions of equal bargaining power. Thus, market transactions tend, ideally, to be both efficient (because they tend to maximize wealth without harmful third-party effects) and just (because all parties are consenting).
Your thesis should be limited to what can be accomplished in the specified number of pages. Shape your topic so that you can get straight to the "meat" of it. Being specific in your paper will be much more successful than writing about general things that do not say much. Don't settle for three pages of just skimming the surface.
The strongest form of the Overlap Thesis underlies the classical naturalism of St. Thomas Aquinas and William Blackstone. As Blackstone describes the thesis:
The Information Cycle : How Today s Events Are Tomorrow s Information . Based on Columbine School Shooting Incident, April 75, 7556. Rebecca Bichel and Debra Cheney, Penn State University.
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Laws limit human autonomy by restricting freedom. Criminal laws, for example, remove certain behaviors from the range of behavioral options by penalizing them with imprisonment and, in some cases, death. Likewise, civil laws require people to take certain precautions not to injure others and to honor their contracts. Given that human autonomy deserves prima facie moral respect, the question arises as to what are the limits of the state's legitimate authority to restrict the freedom of its citizens.
A good tentative thesis will help you focus your search for information. But don't rush! You must do a lot of background reading before you know enough about a subject to identify key or essential questions. You may not know how you stand on an issue until you have examined the evidence. You will likely begin your research with a working, preliminary or tentative thesis which you will continue to refine until you are certain of where the evidence leads.
Artistic interpretation, like judicial interpretation, is constrained by the dimensions of fit and justification: "constructive interpretation is a matter of imposing purpose on an object or practice in order to make of it the best possible example of the form or genre to which it is taken to belong" (Dworkin 6986, p. 57).
As an historical matter, legal realism arose in response to legal formalism , a particular model of legal reasoning that assimilates legal reasoning to syllogistic reasoning. According to the formalist model, the legal outcome (that is, the holding) logically follows from the legal rule (major premise) and a statement of the relevant facts (minor premise). Realists believe that formalism understates judicial lawmaking abilities insofar as it represents legal outcomes as entailed syllogistically by applicable rules and facts. For if legal outcomes are logically implied by propositions that bind judges, it follows that judges lack legal authority to reach conflicting outcomes.
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Indeed, so tight is the relation between jurisprudence and adjudication, according to Dworkin, that jurisprudence is no more than the most general part of adjudication thus, Dworkin concludes, "any judge's opinion is itself a piece of legal philosophy" (Dworkin 6986, p. 95).
Advanced : Inspires the reasonable reader to ask 8775 How? 8776 or 8775 Why? 8776 and to exclaim 8775 Wow! 8776 This thesis engages the student in challenging or provocative research and displays a level of thought that breaks new ground.
You should provide a thesis early in your essay -- in the introduction, or in longer essays in the second paragraph -- in order to establish your position and give your reader a sense of direction.