critical analysis law dissertation

Legal Dissertation: Research and Writing Guide

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About This Page

Choosing a topic can be one of the most challenging aspects of writing an extensive paper. This page has resources to help you find topics and inspiration, before you get started on the in-depth research process.

Related Guides

Citation and Writing Resources

Legal Research Tutorials

Secondary Sources for Legal Research

Methods of Finding Cases

Methods of Finding Statutes

Current Awareness and Alerting Resources

Compiling State Legislative Histories

Locating International and Foreign Law Journals

This guide contains resources to help students researching and writing a legal dissertation or other upper-level writing project. Some of the resources in this guide are directed at researching and writing in general, not specifically on legal topics, but the strategies and tips can still be applied.

The Law Library maintains a number of other guides on related skills and topics that may be of interest:

The Wells Library also maintains guides. A few that may be helpful for managing research can be found here:

Choosing a Topic

This video discusses tips and strategies for choosing a dissertation topic.

Note: this video is not specific to legal dissertation topics, but it may still be of interest as an overview generally.

The Bloomberg/BNA publication United States Law Week can be a helpful resource for tracking down the major legal stories of the day. Log into Bloomberg Law, in the big search box, start typing United States Law Week and the title will appear in the drop down menu beneath the box. This publication provides coverage of top legal news stories, and in-depth "insight" features.

If you have a general idea of the area of law you wish to write about, check out the Practice Centers on Bloomberg. From the homepage, click the Browse link in the top left-hand corner. Then select Practice Centers and look for your area of law. Practice Centers are helpful because they gather cases, statutes, administrative proceedings, news, and more on the selected legal area.

Bloomberg has other news sources available as well. From the homepage, click the Browse link in the top left-hand corner. Then select News and Analysis, then select News or Analysis, and browse the available topics.

If you know what area of law you'd like to write about, you may find the Browse Topics feature in Lexis Advance helpful for narrowing down your topic.

Log into Lexis Advance, click the Browse Topics tab, and select a topic. If you don't see your topic listed, try using the provided search bar to see whether your topic is categorized as a sub-topic within this list.

Once you click on a topic, a box pops up with several options. If you click on Get Topic Document, you'll see results listed in a number of categories, including Cases, Legislation, and more. The News and Legal News categories at the right end of the list may help you identify current developments of interest for your note. Don't forget about the filtering options on the left that will allow you to search within your results, narrow your jurisdiction, and more.

Similar to Lexis Advance, Westlaw Edge has a Topics tab that may be helpful if you know what area of law you'd like to write about.

Log onto Westlaw Edge, and click on the Topics tab. This time, you won't be able to search within this list, so if you're area is not listed, you should either run a regular search from the main search bar at the top or try out some of the topics listed under this tab - once you click on a topic, you can search within its contents.

What is great about the Topics in Westlaw Edge is the Practitioner Insights page you access by clicking on a topic. This is an information portal that allows you quick access to cases, legislation, top news, and more on your selected topic.

In United States federal courts, a circuit split occurs whenever two or more circuit courts of appeals issue conflicting rulings on the same legal question. Circuit splits are ripe for legal analysis and commentary because they present a situation in which federal law is being applied in different ways in different parts of the country, even if the underlying litigants themselves are otherwise similarly situated. The Supreme Court also frequently accepts cases on appeal that involve these types of conflicted rulings from various sister circuits.

To find a circuit split on a topic of interest to you, try searching on Lexis and Westlaw using this method:

in the search box, enter the following: (circuit or court w/s split) AND [insert terms or phrases to narrow the search]

You can also browse for circuit splits on Bloomberg. On the Bloomberg homepage, in the "Law School Success" box, Circuit Splits Charts appear listed under Secondary Sources.

Other sources for circuit splits are American Law Reports (ALR) and American Jurisprudence (AmJur). These publications provide summaries of the law, point out circuit splits, and provide references for further research.

"Blawgs" or law-related blogs are often written by scholars or practitioners in the legal field. Ordinarily covering current events and developments in law, these posts can provide inspiration for note topics. To help you find blawgs on a specific topic, consider perusing the ABA's Blawg Directory or Justia's Blawg Search .

Research Methodology

Types of research methodologies.

There are different types of research methodologies. Methodology refers to the strategy employed in conducting research. The following methodologies are some of the most commonly used in legal and social science research.

Doctrinal legal research methodology, also called "black letter" methodology, focuses on the letter of the law rather than the law in action. Using this method, a researcher composes a descriptive and detailed analysis of legal rules found in primary sources (cases, statutes, or regulations). The purpose of this method is to gather, organize, and describe the law; provide commentary on the sources used; then, identify and describe the underlying theme or system and how each source of law is connected.

Doctrinal methodology is good for areas of law that are largely black letter law, such as contract or property law. Under this approach, the researcher conducts a critical, qualitative analysis of legal materials to support a hypothesis. The researcher must identify specific legal rules, then discuss the legal meaning of the rule, its underlying principles, and decision-making under the rule (whether cases interpreting the rule fit together in a coherent system or not). The researcher must also identify ambiguities and criticisms of the law, and offer solutions. Sources of data in doctrinal research include the rule itself, cases generated under the rule, legislative history where applicable, and commentaries and literature on the rule.

This approach is beneficial by providing a solid structure for crafting a thesis, organizing the paper, and enabling a thorough definition and explanation of the rule. The drawbacks of this approach are that it may be too formalistic, and may lead to oversimplifying the legal doctrine.

Comparative

Comparative legal research methodology involves critical analysis of different bodies of law to examine how the outcome of a legal issue could be different under each set of laws. Comparisons could be made between different jurisdictions, such as comparing analysis of a legal issue under American law and the laws of another country, or researchers may conduct historical comparisons.

When using a comparative approach be sure to define the reasons for choosing this approach, and identify the benefits of comparing laws from different jurisdictions or time periods, such as finding common ground or determining best practices and solutions. The comparative method can be used by a researcher to better understand their home jurisdiction by analyzing how other jurisdictions handle the same issue. This method can also be used as a critical analytical tool to distinguish particular features of a law. The drawback of this method is that it can be difficult to find material from other jurisdictions. Also, researchers should be sure that the comparisons are relevant to the thesis and not just used for description.

This type of research uses data analysis to study legal systems. A detailed guide on empirical methods can be found here . The process of empirical research involves four steps: design the project, collect and code the data, analyze the data, determine best method of presenting the results. The first step, designing the project, is when researchers define their hypothesis and concepts in concrete terms that can be observed. Next, researchers must collect and code the data by determining the possible sources of information and available collection methods, and then putting the data into a format that can be analyzed. When researchers analyze the data, they are comparing the data to their hypothesis. If the overlap between the two is significant, then their hypothesis is confirmed, but if there is little to no overlap, then their hypothesis is incorrect. Analysis involves summarizing the data and drawing inferences. There are two types of statistical inference in empirical research, descriptive and causal. Descriptive inference is close to summary, but the researcher uses the known data from the sample to draw conclusions about the whole population. Causal inference is the difference between two descriptive inferences.

Two main types of empirical legal research are qualitative and quantitative.

Quantitative, or numerical, empirical legal research involves taking information about cases and courts, translating that information into numbers, and then analyzing those numbers with statistical tools.

Qualitative, or non-numerical, empirical legal research involves extracting information from the text of court documents, then interpreting and organizing the text into categories, and using that information to identify patterns.

Drafting The Methodology Section

This is the part of your paper that describes the research methodology, or methodologies if you used more than one. This section will contain a detailed description of how the research was conducted and why it was conducted in that way. First, draft an outline of what you must include in this section and gather the information needed.

Generally, a methodology section will contain the following:

Statement of research objectives
Reasons for the research methodology used
Description and rationale of the data collection tools, sampling techniques, and data sources used, including a description of how the data collection tools were administered
Discussion of the limitations
Discussion of the data analysis tools used

Be sure that you have clearly defined the reasoning behind the chosen methodology and sources.

Legal Reasoning, Research, and Writing for International Graduate Students Nadia E. Nedzel Aspen (2004) A guide to American legal research and the federal system, written for international students. Includes information on the research process, and tips for writing. Located in the Law Library, 3rd Floor: KF 240 .N43 2004.
Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? Mark van Hoecke Oxford (2013) This book examines different methods of legal research including doctrinal, comparative, and interdisciplinary. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 235 .M476 2013. IU students may request item via IUCAT.
An Introduction to Empirical Legal Research Lee Epstein and Andrew D. Martin Oxford University Press (2014) This book includes information on designing research, collecting and coding data, analyzing data, and drafting the final paper. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 85 .E678 2014. IU students may request item via IUCAT.
Emplirical Legal Studies Blog The ELS blog was created by several law professors, and focuses on using empirical methods in legal research, theory, and scholarship. Search or browse the blog to find entries on methodology, data sources, software, and other tips and techniques.

Literature Review

The literature review provides an examination of existing pieces of research, and serves as a foundation for further research. It allows the researcher to critically evaluate existing scholarship and research practices, and puts the new thesis in context. When conducting a literature review, one should consider the following: who are the leading scholars in the subject area; what has been published on the subject; what factors or subtopics have these scholars identified as important for further examination; what research methods have others used; what were the pros and cons of using those methods; what other theories have been explored.

The literature review should include a description of coverage. The researcher should describe what material was selected and why, and how those selections are relevant to the thesis. Discuss what has been written on the topic and where the thesis fits in the context of existing scholarship. The researcher should evaluate the sources and methodologies used by other researchers, and describe how the thesis different.

The following video gives an overview of conducting a literature review.

Note: this video is not specific to legal literature, however it may be helpful as a general overview.

Not sure where to start? Here are a few suggestions for digging into sources once you have selected a topic.

Research Guides

Research guides are discovery tools, or gateways of information. They pull together lists of sources on a topic. Some guides even offer brief overviews and additional research steps specifically for that topic. Many law libraries offer guides on a variety of subjects. You can locate guides by visiting library websites, such as this Library's site , the Law Library of Congress , or other schools like Georgetown . Some organizations also compile research guides, such as the American Society of International Law . Utilizing a research guide on your topic to generate an introductory source list can save you valuable time.

Secondary Sources

It is often a good idea to begin research with secondary sources. These resources summarize, explain, and analyze the law. They also provide references to primary sources and other secondary sources. This saves you time and effort, and can help you quickly identify major themes under your topic and help you place your thesis in context.

Encyclopedias provide broad coverage of all areas of the law, but do not go in-depth on narrow topics, or discuss differences by jurisdiction, or include all of the pertinent cases. American Jurisprudence ( AmJur ) and Corpus Juris Secundum ( CJS ) have nationwide coverage, while the Indiana Law Encyclopedia focuses on Indiana state law. A number of other states also have their own state-specific encyclopedias.

American Law Reports ( ALR ) are annotations that synopsize various cases on narrow legal topics. Each annotation covers a different topic, and provides a leading or typical case on the topic, plus cases from different jurisdictions that follow different rules, or cases where different facts applying the same rule led to different outcomes. The annotations also refer to other secondary sources.

Legal periodicals include several different types of publications such as law reviews from academic institutions or organizations, bar journals, and commercial journals/newspapers/newsletters. Legal periodicals feature articles that describe the current state of the law and often explore underlying policies. They also critique laws, court decisions, and policies, and often advocate for changes. Articles also discuss emerging issues and notify the profession of new developments. Law reviews can be useful for in-depth coverage on narrow topics, and references to primary and other secondary sources. However, content can become outdated and researchers must be mindful of biases in articles.

Treatises/Hornbooks/Practice Guides are a type of secondary source that provides comprehensive coverage of a legal subject. It could be broad, such as a treatise covering all of contract law, or very narrow such as a treatise focused only on search and seizure cases. These sources are good when you have some general background on the topic, but you need more in-depth coverage of the legal rules and policies. Treatises are generally well organized, and provide you with finding aids (index, table of contents, etc.) and extensive footnotes or endnotes that will lead you to primary sources like cases, statutes, and regulations. They may also include appendices with supporting material like forms. However, treatises may not be updated as frequently as other sources and may not cover your specific issue or jurisdiction.

Citation and Writing Style

Legal Writing in Plain English Bryan A. Garner University of Chicago Press, 2001. Call # KF 250 .G373 2001 Location: Law Library, 3rd Floor Provides lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. The leading guide to clear writing in the field, this book offers valuable insights into the writing process: how to organize ideas, create and refine prose, and improve editing skills. This guide uses real-life writing samples that Garner has gathered through decades of teaching experience. Includes sets of basic, intermediate, and advanced exercises in each section.
The Elements of Legal Style Bryan A. Garner Oxford University Press, 2002. Call # KF 250 .G37 2002 Location: Law Library, 1st Floor, Reference This book explains the full range of what legal writers need to know: mechanics, word choice, structure, and rhetoric, as well as all the special conventions that legal writers should follow in using headings, defined terms, quotations, and many other devices. Garner also provides examples from highly regarded legal writers, including Oliver Wendell Holmes, Clarence Darrow, Frank Easterbrook, and Antonin Scalia.
Grammarly Blog Blog featuring helpful information about quirks of the English language, for example when to use "affect" or "effect" and other tips. Use the search feature to locate an article relevant to your grammar query.
Plain English for Lawyers Richard C. Wydick Carolina Academic Press, 2005. Call # KF 250 .W9 2005 Location: Law Library, 3rd Floor Award-winning book that contains guidance to improve the writing of lawyers and law students and to promote the modern trend toward a clear, plain style of legal writing. Includes exercises at the end of each chapter.
The Chicago Manual of Style University of Chicago Press, 2010. Call # Z 253 .U69 2010 Location: Law Library, 2nd Floor While not addressing legal writing specifically, The Chicago Manual of Style is one of the most widely used and respected style guides in the United States. It focuses on American English and deals with aspects of editorial practice, including grammar and usage, as well as document preparation and formatting.
The Chicago Manual of Style (Online) Bryan A. Garner and William S. Strong The University of Chicago Press, 2017. Online edition: use the link above to view record in IUCAT, then click the Access link (for IU students only).
The Bluebook Compiled by the editors of the Columbia Law Review, the Harvard Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal. Harvard Law Review Association, 2015. Call # KF245 .B58 2015 Location: Law Library, 1st Floor, Circulation Desk The Bluebook: A Uniform System of Citation is a style guide that prescribes the most widely used legal citation system in the United States. The Bluebook is taught and used at a majority of U.S. law schools, law reviews and journals, and used in a majority of U.S. federal courts.
User's Guide to the Bluebook Alan L. Dworsky William S. Hein & Co., Inc., 2015. Call # KF 245 .D853 2015 Location: Law Library, Circulation Desk "This User's Guide is written for practitioners (law students, law clerks, lawyers, legal secretaries and paralegals), and is designed to make the task of mastering citation form as easy and painless as possible. To help alleviate the obstacles faced when using proper citation form, this text is set up as a how-to manual with a step-by-step approach to learning the basic skills of citation and includes the numbers of the relevant Bluebook rules under most chapter subheadings for easy reference when more information is needed"--Provided by the publisher.
Legal Citation in a Nutshell Larry L. Teply West Academic Publishing, 2016. Call # KF 245 .T47 2016 Location: Law Library, 1st Floor, Circulation Desk This book is designed to ease the task of learning legal citation. It initially focuses on conventions that underlie all accepted forms and systems of legal citation. Building on that understanding and an explanation of the “process” of using citations in legal writing, the book then discusses and illustrates the basic rules.
Introduction to Basic Legal Citation (Online) Peter W. Martin Cornell Legal Information Institute, 2017. Free online resource. Includes a thorough review of the relevant rules of appellate practice of federal and state courts. It takes account of the latest edition of The Bluebook, published in 2015, and provides a correlation table between this free online citation guide and the Bluebook.
Last Updated: Oct 24, 2019 11:00 AM
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CRITICAL ANALYSIS IN LAW ESSAYS

By Lorna Baldry

Critical analysis is a skill that many learners tell us they find problematic. They can’t always grasp what it means, sometimes they think it means much more than it actually does and of course there is no substitute for knowing the law and the commentary on the law. That’s one of the things that will help all to become clear.

Chartered Institute of Legal Executives (CILEx) Chief Examiners identify in their reports that many candidates choose to stay away from essay questions which involve critical analysis. Instead preferring to respond to problem questions. For some learners this is because they have not had experience of further and higher education where they may have gained gradually increasing study skills, including analysis and critical interpretation. Graduate learners will have received guidance on writing legal essays, but practice is sometimes new and something they’re aspiring to be a part of or progress with.

Those without the background of formal study skills guidance tend to be drawn to problem questions where they can apply the law and advise fictional clients in a notional scenario. This is what they do in work, they feel really comfortable with it. Graduates on the other hand will often tend to stay away from and feel more unsure of advising clients. They prefer a more formal, academic style essay question. Sometimes this is one of the reasons that law graduates do not always pass their CILEx exams first time. It’s one of their moments of realisation that the CILEx exams are much more difficult and quite different to the ones they sat during their degree.

Guiding our learners in the skill

Our CILEx learners make a big jump from level 3 to level 6 and need to know the difference between short answer questions and essay questions and the difference between essay questions and problem essay questions.

We give everyone a 6 month access to a course full of tips, guidance and resources for revision and exam preparation. We run lots of workshops on study skills and transition between study levels as well as revision and exam preparation. Our tutors are always looking out for the individual needs of our learners to develop new and extended skills.

Learners making the transition between levels need to be mindful of the change in the marks available for their responses and what that means for how much they need to write and how sophisticated their writing needs to be. They need to become familiar with key words in a question and the responses those words are trying to elicit.

With learners who are new to level 6 or new to level 6 with Brightlink, who do not have a law degree, we need to start right from the beginning on style.

Critical analysis is subjective writing expressing opinion and evaluation. It includes breaking down and studying the parts of an assertion or situation.

Critical analysis should include the learners evidenced opinion, matters of law and the commentary of knowledgeable and recognised third parties. Depending on the question that could be judiciary through obiter and ratio or in some responses it may be academics.

We direct learners to the suggested answers for past papers, which is what they are trying to emulate. We have our own style guides and tips and techniques to support our learners with this and other study skills. From August 2020 all Brightlink learners can learn much more about critical analysis as part of their study throughout levels 3 and 6.

Get in touch to ask about help and support available for your legal studies and how you can add critical analysis to your skill set.

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Home » Critical Analysis – Types, Examples and Writing Guide

Critical Analysis – Types, Examples and Writing Guide

Table of Contents

Critical Analysis

Definition:

Critical analysis is a process of examining a piece of work or an idea in a systematic, objective, and analytical way. It involves breaking down complex ideas, concepts, or arguments into smaller, more manageable parts to understand them better.

Types of Critical Analysis

Types of Critical Analysis are as follows:

Literary Analysis

This type of analysis focuses on analyzing and interpreting works of literature , such as novels, poetry, plays, etc. The analysis involves examining the literary devices used in the work, such as symbolism, imagery, and metaphor, and how they contribute to the overall meaning of the work.

Film Analysis

This type of analysis involves examining and interpreting films, including their themes, cinematography, editing, and sound. Film analysis can also include evaluating the director’s style and how it contributes to the overall message of the film.

Art Analysis

This type of analysis involves examining and interpreting works of art , such as paintings, sculptures, and installations. The analysis involves examining the elements of the artwork, such as color, composition, and technique, and how they contribute to the overall meaning of the work.

Cultural Analysis

This type of analysis involves examining and interpreting cultural artifacts , such as advertisements, popular music, and social media posts. The analysis involves examining the cultural context of the artifact and how it reflects and shapes cultural values, beliefs, and norms.

Historical Analysis

This type of analysis involves examining and interpreting historical documents , such as diaries, letters, and government records. The analysis involves examining the historical context of the document and how it reflects the social, political, and cultural attitudes of the time.

Philosophical Analysis

This type of analysis involves examining and interpreting philosophical texts and ideas, such as the works of philosophers and their arguments. The analysis involves evaluating the logical consistency of the arguments and assessing the validity and soundness of the conclusions.

Scientific Analysis

This type of analysis involves examining and interpreting scientific research studies and their findings. The analysis involves evaluating the methods used in the study, the data collected, and the conclusions drawn, and assessing their reliability and validity.

Critical Discourse Analysis

This type of analysis involves examining and interpreting language use in social and political contexts. The analysis involves evaluating the power dynamics and social relationships conveyed through language use and how they shape discourse and social reality.

Comparative Analysis

This type of analysis involves examining and interpreting multiple texts or works of art and comparing them to each other. The analysis involves evaluating the similarities and differences between the texts and how they contribute to understanding the themes and meanings conveyed.

Critical Analysis Format

Critical Analysis Format is as follows:

I. Introduction

Provide a brief overview of the text, object, or event being analyzed
Explain the purpose of the analysis and its significance
Provide background information on the context and relevant historical or cultural factors

II. Description

Provide a detailed description of the text, object, or event being analyzed
Identify key themes, ideas, and arguments presented
Describe the author or creator’s style, tone, and use of language or visual elements

III. Analysis

Analyze the text, object, or event using critical thinking skills
Identify the main strengths and weaknesses of the argument or presentation
Evaluate the reliability and validity of the evidence presented
Assess any assumptions or biases that may be present in the text, object, or event
Consider the implications of the argument or presentation for different audiences and contexts

IV. Evaluation

Provide an overall evaluation of the text, object, or event based on the analysis
Assess the effectiveness of the argument or presentation in achieving its intended purpose
Identify any limitations or gaps in the argument or presentation
Consider any alternative viewpoints or interpretations that could be presented
Summarize the main points of the analysis and evaluation
Reiterate the significance of the text, object, or event and its relevance to broader issues or debates
Provide any recommendations for further research or future developments in the field.

VI. Example

Provide an example or two to support your analysis and evaluation
Use quotes or specific details from the text, object, or event to support your claims
Analyze the example(s) using critical thinking skills and explain how they relate to your overall argument

VII. Conclusion

Reiterate your thesis statement and summarize your main points
Provide a final evaluation of the text, object, or event based on your analysis
Offer recommendations for future research or further developments in the field
End with a thought-provoking statement or question that encourages the reader to think more deeply about the topic

How to Write Critical Analysis

Writing a critical analysis involves evaluating and interpreting a text, such as a book, article, or film, and expressing your opinion about its quality and significance. Here are some steps you can follow to write a critical analysis:

Read and re-read the text: Before you begin writing, make sure you have a good understanding of the text. Read it several times and take notes on the key points, themes, and arguments.
Identify the author’s purpose and audience: Consider why the author wrote the text and who the intended audience is. This can help you evaluate whether the author achieved their goals and whether the text is effective in reaching its audience.
Analyze the structure and style: Look at the organization of the text and the author’s writing style. Consider how these elements contribute to the overall meaning of the text.
Evaluate the content : Analyze the author’s arguments, evidence, and conclusions. Consider whether they are logical, convincing, and supported by the evidence presented in the text.
Consider the context: Think about the historical, cultural, and social context in which the text was written. This can help you understand the author’s perspective and the significance of the text.
Develop your thesis statement : Based on your analysis, develop a clear and concise thesis statement that summarizes your overall evaluation of the text.
Support your thesis: Use evidence from the text to support your thesis statement. This can include direct quotes, paraphrases, and examples from the text.
Write the introduction, body, and conclusion : Organize your analysis into an introduction that provides context and presents your thesis, a body that presents your evidence and analysis, and a conclusion that summarizes your main points and restates your thesis.
Revise and edit: After you have written your analysis, revise and edit it to ensure that your writing is clear, concise, and well-organized. Check for spelling and grammar errors, and make sure that your analysis is logically sound and supported by evidence.

When to Write Critical Analysis

You may want to write a critical analysis in the following situations:

Academic Assignments: If you are a student, you may be assigned to write a critical analysis as a part of your coursework. This could include analyzing a piece of literature, a historical event, or a scientific paper.
Journalism and Media: As a journalist or media person, you may need to write a critical analysis of current events, political speeches, or media coverage.
Personal Interest: If you are interested in a particular topic, you may want to write a critical analysis to gain a deeper understanding of it. For example, you may want to analyze the themes and motifs in a novel or film that you enjoyed.
Professional Development : Professionals such as writers, scholars, and researchers often write critical analyses to gain insights into their field of study or work.

Critical Analysis Example

An Example of Critical Analysis Could be as follow:

Research Topic:

The Impact of Online Learning on Student Performance

Introduction:

The introduction of the research topic is clear and provides an overview of the issue. However, it could benefit from providing more background information on the prevalence of online learning and its potential impact on student performance.

Literature Review:

The literature review is comprehensive and well-structured. It covers a broad range of studies that have examined the relationship between online learning and student performance. However, it could benefit from including more recent studies and providing a more critical analysis of the existing literature.

Research Methods:

The research methods are clearly described and appropriate for the research question. The study uses a quasi-experimental design to compare the performance of students who took an online course with those who took the same course in a traditional classroom setting. However, the study may benefit from using a randomized controlled trial design to reduce potential confounding factors.

The results are presented in a clear and concise manner. The study finds that students who took the online course performed similarly to those who took the traditional course. However, the study only measures performance on one course and may not be generalizable to other courses or contexts.

Discussion :

The discussion section provides a thorough analysis of the study’s findings. The authors acknowledge the limitations of the study and provide suggestions for future research. However, they could benefit from discussing potential mechanisms underlying the relationship between online learning and student performance.

Conclusion :

The conclusion summarizes the main findings of the study and provides some implications for future research and practice. However, it could benefit from providing more specific recommendations for implementing online learning programs in educational settings.

Purpose of Critical Analysis

There are several purposes of critical analysis, including:

To identify and evaluate arguments : Critical analysis helps to identify the main arguments in a piece of writing or speech and evaluate their strengths and weaknesses. This enables the reader to form their own opinion and make informed decisions.
To assess evidence : Critical analysis involves examining the evidence presented in a text or speech and evaluating its quality and relevance to the argument. This helps to determine the credibility of the claims being made.
To recognize biases and assumptions : Critical analysis helps to identify any biases or assumptions that may be present in the argument, and evaluate how these affect the credibility of the argument.
To develop critical thinking skills: Critical analysis helps to develop the ability to think critically, evaluate information objectively, and make reasoned judgments based on evidence.
To improve communication skills: Critical analysis involves carefully reading and listening to information, evaluating it, and expressing one’s own opinion in a clear and concise manner. This helps to improve communication skills and the ability to express ideas effectively.

Importance of Critical Analysis

Here are some specific reasons why critical analysis is important:

Helps to identify biases: Critical analysis helps individuals to recognize their own biases and assumptions, as well as the biases of others. By being aware of biases, individuals can better evaluate the credibility and reliability of information.
Enhances problem-solving skills : Critical analysis encourages individuals to question assumptions and consider multiple perspectives, which can lead to creative problem-solving and innovation.
Promotes better decision-making: By carefully evaluating evidence and arguments, critical analysis can help individuals make more informed and effective decisions.
Facilitates understanding: Critical analysis helps individuals to understand complex issues and ideas by breaking them down into smaller parts and evaluating them separately.
Fosters intellectual growth : Engaging in critical analysis challenges individuals to think deeply and critically, which can lead to intellectual growth and development.

Advantages of Critical Analysis

Some advantages of critical analysis include:

Improved decision-making: Critical analysis helps individuals make informed decisions by evaluating all available information and considering various perspectives.
Enhanced problem-solving skills : Critical analysis requires individuals to identify and analyze the root cause of a problem, which can help develop effective solutions.
Increased creativity : Critical analysis encourages individuals to think outside the box and consider alternative solutions to problems, which can lead to more creative and innovative ideas.
Improved communication : Critical analysis helps individuals communicate their ideas and opinions more effectively by providing logical and coherent arguments.
Reduced bias: Critical analysis requires individuals to evaluate information objectively, which can help reduce personal biases and subjective opinions.
Better understanding of complex issues : Critical analysis helps individuals to understand complex issues by breaking them down into smaller parts, examining each part and understanding how they fit together.
Greater self-awareness: Critical analysis helps individuals to recognize their own biases, assumptions, and limitations, which can lead to personal growth and development.

About the author

Muhammad Hassan

Researcher, Academic Writer, Web developer

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How to Write a First-Class Law Essay

Studying law at university entails lots of essay writing. This article takes you through the key steps to writing a top law essay.

Writing a law essay can be a challenging task. As a law student, you’ll be expected to analyse complex legal issues and apply legal principles to real-world scenarios. At the same time, you’ll need to be able to communicate your ideas clearly and persuasively. In this article, we’ll cover some top tips to guide you through the process of planning, researching, structuring and writing a first-class law essay with confidence.

1. Start In Advance

Give yourself plenty of time to plan, research and write your law essay. Always aim to start your law essay as soon as you have the question. Leaving it until the last minute does not only create unnecessary stress, but it also leaves you insufficient time to write, reference and perfect your work.

2. Understand The Question

Do not begin until you fully comprehend the question. Take the time to read the question carefully and make sure that you understand what it’s asking you to do. Highlight key terms and annotate the question with definitions of key concepts and any questions that you have have. Think about how the question links back to what you’ve learned during your lectures or through your readings.

3. Conduct Thorough Research

Conducting thorough research around your topic is one of the most fundamental parts of the essay writing process. You should aim to use a range of relevant sources, such as cases, academic articles, books and any other legal materials. Ensure that the information you collect is taken from relevant, reliable and up to date sources. Use primary over secondary material as much as possible.

Avoid using outdated laws and obscure blog posts as sources of information. Always aim to choose authoritative sources from experts within the field, such as academics, politicians, lawyers and judges. Using high-quality and authoritative sources and demonstrating profound and critical insight into your topic are what will earn you top marks.

4. Write A Detailed Plan

Once you’ve done your research, it’s time to plan your essay. When writing your plan, you’ll need to create an outline that clearly identifies the main points that you wish to make throughout your article. Try to write down what you wish to achieve in each paragraph, what concepts you want to discuss and arguments you want to make.

Your outline should be organised in a clear, coherent and logical manner to ensure that the person grading your essay can follow your line of thought and arguments easily. You may also wish to include headings and subheadings to structure your essay effectively This makes it easier when it comes to writing the essay as starting without a plan can get messy. The essay must answer the question and nothing but the question so ensure all of your points relate to it.

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5. Write A Compelling Introduction

A great introduction should, firstly, outline the research topic. The introduction is one of the most crucial parts of the law essay as it sets the tone for the rest of the paper. It should capture the readers attention and provide the background context on the topic. Most importantly, it should state the thesis of your essay.

When writing your introduction, avoid simply repeating the given question. Secondly, create a road map for the reader, letting them know how the essay will approach the question. Your introduction must be concise. The main body of the essay is where you will go into detail.

6. Include A Strong Thesis Statement

Your thesis should clearly set out the argument you are going to be making throughout your essay and should normally go in the introduction. Your thesis should adopt a clear stance rather than being overly general or wishy-washy. To obtain the best grades, you’ll need to show a unique perspective based upon a critical analysis of the topic rather than adopting the most obvious point of view.

Once you’ve conducted your research and had a chance to reflect on your topic, ask yourself whether you can prove your argument within the given word count or whether you would need to adopt a more modest position for your paper. Always have a clear idea of what your thesis statement is before you begin writing the content of your essay.

7. Present the Counter-argument

To demonstrate your deeper understanding of the topic, it’s important to show your ability to consider the counter-arguments and address them in a careful and reasoned manner. When presenting your counterarguments, aim to depict them in the best possible light, aiming to be fair and reasonable before moving on to your rebuttal. To ensure that your essay is convincing, you will need to have a strong rebuttal that explains why your argument is stronger and more persuasive. This will demonstrate your capacity for critical analysis, showing the reader that you have carefully considered differing perspectives before coming to a well-supported conclusion.

8. End With A Strong Conclusion

Your conclusion is your opportunity to summarise the key points made throughout your essay and to restate the thesis statement in a clear and concise manner. Avoid simply repeating what has already been mentioned in the body of the essay. For top grades, you should use the conclusion as an opportunity to provide critical reflection and analysis on the topic. You may also wish to share any further insights or recommendations into alternative avenues to consider or implications for further research that could add value to the topic.

9. Review The Content Of Your Essay

Make sure you factor in time to edit the content of your essay. Once you’ve finished your first draft, come back to it the next day. Re-read your essay with a critical perspective. Do your arguments make sense? Do your paragraphs flow in a logical manner? You may also consider asking someone to read your paper and give you critical feedback. They may be able to add another perspective you haven’t considered or suggest another research paper that could add value to your essay.

10. Proofread For Grammatical Mistakes

Once you’re happy with the content of your essay, the last step is to thoroughly proofread your essay for any grammatical errors. Ensure that you take time to ensure that there are no grammar, spelling or punctuation errors as these can be one of the easiest ways to lose marks. You can ask anyone to proofread your paper, as they would not necessarily need to have a legal background – just strong grammar and spelling skills!

11. Check Submission Guidelines

Before submitting, ensure that your paper conforms with the style, referencing and presentation guidelines set out by your university. This includes the correct font, font size and line spacing as well as elements such as page numbers, table of content etc. Referencing is also incredibly important as you’ll need to make sure that you are following the correct referencing system chosen by your university. Check your university’s guidelines about what the word count is and whether you need to include your student identification number in your essay as well. Be thorough and don’t lose marks for minor reasons!

12. Use Legal Terms Accurately

Always make sure that you are using legal terms accurately throughout your essay. Check an authoritative resource if you are unsure of any definitions. While being sophisticated is great, legal jargon if not used correctly or appropriately can weaken your essay. Aim to be concise and to stick to the point. Don’t use ten words when only two will do.

12. Create a Vocabulary Bank

One recurring piece of advice from seasoned law students is to take note of phrases from books and articles, key definitions or concepts and even quotes from your professors. When it comes to writing your law essay, you will have a whole range of ideas and vocabulary that will help you to develop your understanding and thoughts on a given topic. This will make writing your law essay even easier!

13. Finally, Take Care of Yourself

Last but certainly not least, looking after your health can improve your attitude towards writing your law essay your coursework in general. Sleep, eat, drink and exercise appropriately. Take regular breaks and try not to stress. Do not forget to enjoy writing the essay!

Words by Karen Fulton

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Vol. 10 No. 1 (2023): Special Issue: Cognitive Legal Humanities

Whereas cognitive legal studies has attracted a considerable amount of attention from law professors over the past few decades, Cognitive Legal Humanities (CLH) is only starting to gain traction. CLH brings together work in the cognitive sciences, the humanities, and law, focusing not so much on the prescriptive concerns that often animate research in cognitive legal studies, but on ways of enriching that vein of work—and legal scholarship more gen-erally—by bringing the methods and materials of the humanities to bear on questions involving intention, consciousness, perception, memory, reasoning, attention, and emotion in relation to legal issues.

Published: 2023-09-02

Special Issue: Cognitive Legal Humanities

Cognitive legal humanities: an introduction, legal entelechies: public cognition and emergencies of the inquisitorial model, fleshing out the facts: cognition and kinesic specifications in legal and literary reasoning, sense and sententiae, laws and outlaws in pastoral comedy and revenge tragedy, manipulating metacognition in witness for the prosecution, vagueness, double consciousness, and the criminal law: a cognitive history.

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McNicol, Suzanne B. "The law of privilege : a critical analysis." Monash University, Faculty of Law, 2001. http://arrow.monash.edu.au/hdl/1959.1/9060.

Khopuangklang, Korrasut. "A critical analysis of promise in Scots law and Thai law." Thesis, University of Edinburgh, 2016. http://hdl.handle.net/1842/22831.

Harrison, John Conacher. "The Mareva injunction : a comparative and critical analysis." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60642.

Bendezú, Medina Samuel H. "Critical analysis of Comparative Law. Interview with Tom Ginsburg." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/122496.

Lebone, Likonelo. "Telecommunications law and regulation in Lesotho - A critical analysis." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4652.

Emurwon, Brian Kwame. "Sentimental damages in English contract law : a critical analysis." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12609.

Smit, Albertus Ebenhaezer. "Compulsory acquisition of minority shareholding : a critical analysis." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19911.

Kaphuka, Samuel. "The SADC protocol on trade: a critical analysis." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19788.

Obeidat, Yusuf Mohammed Gassim. "The 'penalty' clause in English law : a critical analysis and comparison with Jordanian law." Thesis, University of Leeds, 2004. http://etheses.whiterose.ac.uk/11265/.

Elias, Olusoji. "Judicial remedies in English private international law : a critical analysis." Thesis, University College London (University of London), 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.338735.

Ngwembe, Geofrey P. "Project finance law and regulation in Tanzania: a critical analysis." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28070.

Nhlebeya, Bornito Luvuno. "A Critical Analysis of Sexual Harassment in the Workplace." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/75053.

Kamaris, Georgios. "A critical analysis of the European Union's state and policy impementation." Thesis, Brunel University, 2014. http://bura.brunel.ac.uk/handle/2438/8089.

Keyes, Mary Elizabeth, and n/a. "A Critical Analysis of Jurisdiction in International Litigation." Griffith University. Griffith Law School, 2004. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20051214.143910.

Machitela, Malesela Abram. "Critical analysis of how the South African criminal law addresses cybercbullying." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73398.

Bakta, Seraphina Msengi. "A critical analysis of the child justice system in (mainland) Tanzania." Doctoral thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20497.

Lerm, Henry. "A critical analysis of exclusionary clauses in medical contracts." Pretoria : [s.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-05252009-215044/.

Pearmain, Deborah Louise. "A critical analysis of the law on health service delivery in South Africa." Thesis, University of Pretoria, 2004. http://hdl.handle.net/2263/26502.

Du, Toit Gerhard. "The significance of postmodern theories of interpretation for contractual interpretation : a critical analysis." Thesis, Stellenbosch : University of Stellenbosch, 2006. http://hdl.handle.net/10019.1/1245.

Bayer, Elizabeth Anne. "A critical analysis of marine environmental indicators within regulatory and policy texts." Thesis, University of Hull, 2016. http://hydra.hull.ac.uk/resources/hull:16425.

Varzari, Jennifer Kerry. "Revealing or remedying discrimination?, critical discourse analysis and environmental law in Alberta." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/MQ65059.pdf.

MCGREGOR, JOAN LUCY. "A CRITICAL ANALYSIS OF "COERCION" AND ITS APPLICATION TO CONTRACT LAW (FREEDOM, DURESS)." Diss., The University of Arizona, 1985. http://hdl.handle.net/10150/187954.

Aleid, Mohammed S. "A critical analysis of investor protection under Saudi Stock market regulations." Thesis, University of Essex, 2018. http://repository.essex.ac.uk/22110/.

Mkhize, Vukani. "A critical analysis of the tax implications for small and micro businesses." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1338.

Portellas, Laverne Fleur. "A critical analysis of child trafficking laws and policies in South Africa." Master's thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/12665.

Kamwimbi, Kasongo Theodore. "Forced child labour a critical analysis of the Democratic Republic of Congo' s." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4706.

Hagelüken, Alexandra. "The impact of EC Law and WTO Law on domestic law, a critical analysis of the case law of the European Court of Justice." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0025/MQ50934.pdf.

Hagelüken, Alexandra. "The impact of EC law and WTO law on domestic law : a critical analysis of the case law of the European Court of Justice." Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21683.

Laher, Ismail. "A critical analysis of employment equity measures in South Africa." Thesis, Rhodes University, 2007. http://hdl.handle.net/10962/d1003195.

Hillstead, Coy J. "A comprehensive literature review and critical analysis of human resource management trends in law enforcement." Menomonie, WI : University of Wisconsin--Stout, 2007. http://www.uwstout.edu/lib/thesis/2007/2007hillsteadc.pdf.

潘榮 and Wing Poon. "A critical analysis of the marriage law of the People's Republic of China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1991. http://hub.hku.hk/bib/B31972779.

Leverick, Fiona. "A critical analysis of the law of self-defence in Scotland and England." Thesis, University of Aberdeen, 2003. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU172065.

Poon, Wing. "A critical analysis of the marriage law of the People's Republic of China." View the Table of Contents & Abstract, 1991. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13019284.

Gumboh, Esther. "A critical analysis of the impact of the Bill of Rights on punishment in Malawi." Doctoral thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15557.

Vlahoplus, John Christopher. "A critical analysis of the implications of precedent for the jurisprudence of Ronald Dworkin." Thesis, University of Oxford, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.305835.

Gallegos, Zúñiga Jaime Ramiro. "Critical analysis of letters of credit test documents." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/115531.

Urbina, Molfino Francisco Javier. "A critical analysis of the proportionality test in human rights adjudication." Thesis, University of Oxford, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669893.

Stevens, Richard Arno. "The external relations of company groups in South African law : a critical comparative analysis." Thesis, Stellenbosch : University of Stellenbosch, 2011. http://hdl.handle.net/10019.1/6883.

Massicotte, Jodi-Anne. "Assessing the differential treatment of males and females in the criminal justice process, a critical analysis." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/mq20933.pdf.

Babesail, Adel A. "The Vienna Conventions on diplomatic and consular relations and state practice : a critical analysis." Thesis, University of Westminster, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.251567.

Vilho, Aina N. "A critical analysis of the protection of traditional knowledge within the Namibian legal system." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/13036.

Chen, Yu-Jen 1957. "A Critical Analysis of Newspaper Development in Taiwan Since the Lifting of Martial Law." Thesis, University of North Texas, 1993. https://digital.library.unt.edu/ark:/67531/metadc500886/.

Baraza, Masha. "State law and the (post)colony : a critical analysis through group conflicts in Turkana." Thesis, University of Warwick, 2014. http://wrap.warwick.ac.uk/62108/.

Nyathi, Noma Melinda. "The poverty of Law : a critical analysis of hate speech Jurisprudence in South Africa." Diss., University of Pretoria, 2018. http://hdl.handle.net/2263/65707.

Ndlovu, Sibonelo. "Critical Analysis of Ex Post Facto Environmental Impact Assessment Authorisations in South African Law." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4488.

Lekakeny, Ruth Nekura. "The elusive justice for women: a critical analysis of rape law and practice in Kenya." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15207.

Watts, Samantha. "Protection of the African lion: a critical analysis of the current international legal regime." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15162.

Tsangarakis, Andreas. "A Critical and Comparative Analysis on the Effect of Business Rescue on Creditors’ Rights against Sureties." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29546.

Wahlström, Madeleine. "Residential Rental Determination in Sweden and Germany : A critical analysis." Thesis, KTH, Fastigheter och byggande, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-50040.

Rushwaya, Chipo Irene. "A critical analysis of the legislative framework regulating intercountry adoption in South Africa and Ghana." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9176.

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Literary Theory and Criticism

Home › Literature › Analysis of Boris Pasternak’s Doctor Zhivago

Analysis of Boris Pasternak’s Doctor Zhivago

By NASRULLAH MAMBROL on July 13, 2020 • ( 0 )

Considered by many the greatest Russian novel of the 20th century, Boris Pasternak’s (1890-1960) Doctor Zhivago is certainly the most famous fictional treatment of the defining moments of modern Russian history at the outset of the 20th century, inviting a comparison with Tolstoy ’s similar effort in War and Peace to dramatize the crucial events of the Napoleonic era. Doctor Zhivago shares with War and Peace an epic tonality; both attempt to encapsulate a national history, culture, and philosophy of human nature and experience in the stories of individuals caught up in the maelstrom of history. Depicting pre-revolutionary Russian culture, the revolution, and the ensuing civil war from a decidedly subjective viewpoint, Doctor Zhivago broke with the enforced literary dictates of socialist realism and party doctrine at a time when such a challenge demanded enormous courage and conviction. “A miracle of non-conformity,” the Russian scholar Victor Frank has called Pasternak’s novel, “full of supreme indifference to all the offi cial taboos.” Refused publication in the Soviet Union, the novel was surreptitiously sent to an Italian publisher who brought it out in 1957, with an English translation appearing in 1958. Hailed by the critic Edmund Wilson as “one of the great events in man’s literary and moral history . . . a great act of faith in art and the human spirit,” Doctor Zhivago became a worldwide popular and critical sensation that culminated in Pasternak being awarded the 1958 Nobel Prize in literature “for his notable achievement in both contemporary poetry and the field of the great Russian narrative tradition.” Regarded by the Soviet state as a political rather than a literary judgment on behalf of a novel it considered unpatriotic and subversive, Doctor Zhivago provoked a barrage of hostile reviews and resolutions in Russia that branded it “literary trash” and a “malicious lampoon of the socialist revolution.” Pasternak was expelled from the Writers’ Union and condemned as “worse than a pig” because “a pig never befouls where it eats or sleeps.” Pasternak’s deportation from the Soviet Union was averted only by the writer’s refusal of the Nobel Prize and by his impassioned appeal to Nikita Khrushchev in which Pasternak equated banishment from Russia to a death sentence. Doctor Zhivago would not be officially published in Russia until 1988 to great acclaim and acceptance into the post-Soviet literary canon as a landmark and unavoidable masterpiece.

Despite its undisputed importance as a social document chronicling a crucial period in Russian and world history, Doctor Zhivago continues to divide critics at the most basic level of how it works, its affinity to the novel tradition in the 19th and 20th centuries, and even the genre to which it belongs. Described as both one of the greatest political novels and one of literature’s great love stories, Doctor Zhivago has also been called “a fairy tale,” “a kind of morality play,” “an apocalyptic poem in the form of a novel,” “one of the most original works of modern times,” and “a nineteenth-century novel by a twentieth-century poet.” Compared to predecessors like Tolstoy and Dostoevsky in the great 19th-century Russian realistic novel tradition, Pasternak has been found wanting in his failure to provide believable, rounded characters. Compared to modernist innovators like Joyce, Woolf, and Faulkner, he has been viewed as old-fashioned and outmoded. To appreciate fully Pasternak’s achievement in Doctor Zhivago, it is necessary to recognize that its nonconformity extends beyond its unorthodox and unsanctioned ideas to its formal challenges to established narrative assumptions. Doctor Zhivago is neither a failed 19th-century nor a disappointing modernist novel, but a radical syn-thesis of both traditions in a daringly original construct.

Aspects of Pasternak’s life and career provide crucial contexts for his single novel published three years before his death. Born in Moscow in 1890, Boris Leonidovich Pasternak was the eldest child of the painter Leonid Pasternak and the concert pianist Rosa Kaufman and was raised in the midst of Moscow’s intellectual and artistic community. Tolstoy was a household visitor, and the distinguished composer Alexander Scarabin encouraged the 14-year-old Pasternak in his study of music. Convinced that he lacked the necessary technical skills, at age 19, Pasternak abandoned music for poetry and philosophy, eventually enrolling in Germany’s prestigious Marburg University until 1912 when he returned to Russia and committed himself exclusively to poetry. Associated with the Russian symbolist and futurist movements, Pasternak began to gain a reputation as a leading figure of a new generation of Russian poets who sought a greater freedom of poetic subjects and expression, more closely tied to actual experience and colloquial language. Declared exempt from military service during World War I because of a childhood leg injury, Pasternak managed a draft board in the Urals. When the revolution came, Pasternak was largely sympathetic, embracing the promise of needed social reform and liberation of the spirit that his poetry advocated. As the new Soviet regime grew increasingly conservative in cultural matters and repressive in silencing dissent, Pasternak, throughout the 1930s, published little, perfecting the delicate art of survival under Stalin, of maintaining core principles while avoiding the fate of fellow writers and artistic colleagues who faced death sentences and banishment to labor camps. Convinced that the Soviet state had betrayed the ideals of the revolution and that the drive for collectivism in Soviet society violated essential imperatives of human nature, sometime during the 1930s Pasternak decided to turn from poetry to prose to tell the story of his generation and its historical fate under the czar, during the Great War, and through the revolution and the establishment of the communist state, in part as an expression of survivor’s guilt. Writing in 1948, Pasternak admitted, “I am guilty before everyone. But what can I do? So here in the novel—it is part of this debt, proof that at least I tried.” Drawing on his earlier interests in musical composition, philosophy, and a career devoted to poetry, Pasternak conceived a novel capacious enough to contain his “views on art, the Gospels, human life in history and many other things.” Rejecting the “idiotic clichés” of socialist realism and an edited, sanitized view of the revolution and its aftermath, Pasternak embraced the role as truth teller in which “Everything is untangled, everything is named, simple, transparent, sad. Once again, afresh, in a new way, the most precious and important things, the earth and the sky, great warm feeling, the spirit of creation, life and death, have been delineated.” Doctor Zhivago began to take final shape during the late 1940s as Pasternak faced increasing government hostility for his “anti-Soviet” views. To punish him indirectly, Pasternak’s mistress, Olga Vsevolodovna Ivinskaia, was arrested in 1949 and sentenced to five years in a hard-labor camp “for close contact with persons suspected of espionage.” Pasternak would later confess that Olga was the Lara of his novel, which was finally completed in early 1956.

Pasternak’s comments about his work in his letters reveal key points about his intentions and methods for Doctor Zhivago. Throughout his correspondence, Pasternak refers to his “novel in prose,” a nod to Pushkin’s “novel in verse,” Eugene Onegin , and a connection to Pasternak’s following the same literary trajectory of Russia’s literary fountainhead, Pushkin, from poetry to prose. Regarding his poetry as preparatory work and incapable of supporting his historical and philosophical aspirations, Pasternak claimed, “a poem is to prose as a sketch is to a painting.” Yet at the core of Doctor Zhivago is Pasternak’s insistent lyricism in which narrative elements are joined through imagery, counterpoint, and symbolism. Pasternak’s poetic method explains why Doctor Zhivago, measured against the standard of the realistic novel, often falls short. Characters, rather than appearing distinct and original, tend to merge together, expressing shared preoccupations and feelings. Defending himself against charges of “not sufficient tracing of characters,” Pasternak insisted that “more than to delineate them I tried to efface them.” To the charge of the novel’s many violations of probability with coincidence, Pasternak claimed, “Realism of genre and language doesn’t interest me. That’s not what I value. In the novel there is a grandeur of another kind.” Underlying the novel’s blending of elements from poetry and prose and a manipulation of events that lends a fairy tale or providential aura to the book is Pasternak’s contention that “existence was more original, extraordinary and inexplicable than any of its separate astonishing incidents and facts. I was attracted by the unusualness of the usual.” Pasternak’s subjective, poeticized perspective aligns Doctor Zhivago in certain ways with magic realists like Márquez as much as with Tolstoy in his pursuit of “the atmosphere of being,” which he described as “the whole sequence of facts and beings and happenings like some moving entireness, like a developing, passing by, rolling and rushing inspiration, as if reality itself had freedom and choice and was composing itself out of numberless variants and versions.”

Pasternak’s “moving entireness” in Doctor Zhivago begins with the 10-year-old Yury Zhivago attending his mother’s funeral in a driving snowstorm, imagistically uniting human destiny and the vitality and power of nature that threaten to engulf and overwhelm the individual. This theme of the survival of the individual will be orchestrated throughout the novel, embedded even in the title character’s family name, an older Russian form of the word “alive.” It is the first of many scenes in which Zhivago’s isolation and vulnerability to both natural forces and human events aligned against his aspirations toward selfhood will be emphasized. The novel relies on several traditional structural principles including the novel of development and education of the artist as well as the quest novel in which the artist Zhivago eventually emerges after a succession of tests. Yet Doctor Zhivago is a tragically conceived modern Odyssey in which not home but isolation and separation from virtually every sustaining relationship and external consolation are his destination. Ultimately, Zhivago’s only reward or redemption is his art and the affirmation of the mystery and majesty of existence that his poems assert.

The first portion of the novel dramatizes the last decade of czarist rule and the events leading up to World War I and the revolutions of 1917. Following the suicide death of his father over the loss of his fortune, Yury is raised in the professorial home of Alexander and Anna Gromeko and their daughter Tonya. The novel’s catalyst and moral touchstone is the “Girl from a Different World,” Lara Guishar, the teenaged daughter of a Belgian hat-maker, whose story connects the comfortable bourgeois world of the Gromekos with Moscow’s labor class and incipient revolutionaries. Her seduction by the rich lawyer, Komarovsky, establishes a connection with Yury who is on hand after Lara’s mother’s failed suicide attempt and at the Christmas party where Lara tries and fails to shoot her lover. They next meet at the front during World War I where Yury, having married Tonya, is serving as a doctor and Lara is working as a nurse, having gone to the front in search of her husband, Pasha Antipov, who has abandoned her and their child, unable to reconcile himself to his wife’s past with Komarovsky. As Yury and Lara’s attachment grows, news of the revolution reaches them, and both return to their respective homes—Yury to Moscow, and Lara to Yuryatin in Siberia.

Having experienced the dehumanizing conditions of war, Yury returns to similar conditions in Moscow under the Bolsheviks where his family’s privileged existence has been transformed to a struggle for survival in which Yury’s integrity, individualism, and artistic sensibility are not just valueless but dangerously subversive. Seeking relief, the family travels east to Tonya’s former family estate in Siberia, near Yuryatin, Lara’s home. The train journey is one of the triumphs of the novel in which the immense Russian landscape is brilliantly evoked and a rich collection of the various classes of Russian soci-ety displaced by the revolution are brought together during the dangerous and lawless days of the civil war. Yury barely avoids execution in an encounter with the merciless revolutionary leader Strelnikov, Lara’s renamed husband Antipov. Settling at the Varykino estate and subsisting off the land, the fam-ily thrives for a year before a chance reunion between Yury and Lara leads to their love affair. Guilt-ridden and determined to reconcile with Tonya, Yury is kidnapped on his way home by Bolshevik partisan fighters in need of a doctor. Serving with them for over a year and experiencing the horrific violence and human debasement of the civil war, Yury finally escapes back to Yuryatin where he is nursed back to health by Lara and learns that Tonya, her father, and their children have returned to Moscow. (They will subsequently be deported to the West.)

The reunited lovers are interrupted by the appearance of Komarovsky who warns Lara of her danger as the wife of the now-condemned Strelnikov. They respond by leaving Yuryatin for Varykino and two weeks of happiness in which Yury resumes his poetry, inspired by Lara. Komarovsky offers Lara and her child safe passage to the East, and Yury, to convince her to take it, lies that he will join them. Left alone, Yury is visited by the hunted Strelnikov who, in despair over the failure of his revolutionary ideals and his betrayal of Lara’s love, shoots himself. The novel concludes with Yury’s life in Mos-cow, having been stripped of everything he had formerly relied on to sustain him—his wife, family, and lover. Resuming his medical career and his writing, Yury finally dies of a heart attack, ultimately vindicated by the poems that close the book, testimony of both his heroic resistance to the forces of death and despair and affirmation of the value of life, embodied by the essential human qualities of his muse, Lara. She arrives in Moscow in time for the funeral before disappearing: “She must have been arrested in the street, as so often happened in those days, and she died or vanished somewhere, forgotten as a nameless number on a list which later was mislaid, in one of the innumerable mixed or women’s concentration camps in the north.”

In the fates of both Lara and Yuri, the reader feels an overwhelming sense of human waste, having been instructed by the author in the value their lives and living has, set beside the necessities of history and ideology that has diminished both. Doctor Zhivago attempts to redress the balance, translating the “nameless number on a list” into memorable human terms that never neglects the “unusualness of the usual.”

Ethical Implications of the John Money Experiment: a Critical Analysis

This essay about the ethical implications of the John Money experiment critically examines the tragic case of David Reimer, who was raised as a girl following a failed circumcision and subsequent medical advice. It discusses issues of informed consent, the harm caused by unethical medical practices, and the misuse of authority in clinical research. The text highlights the severe psychological impact on Reimer and critiques the ethical lapses in handling his case, emphasizing the need for compassion and strict ethical standards in medical practices and research.

How it works

The story of the John Money experiment is a cautionary tale of the interplay between medical ethics and the complexities of gender identity.

This episode in the history of psychology and medical science revolves around the tragic case of David Reimer, originally born as Bruce Reimer, who was raised as a girl following catastrophic medical advice and treatment initiated by Dr. John Money. The ethical implications of this case are profound, impacting notions of consent, the responsibilities of healthcare professionals, and the psychosocial dynamics of gender identity.

In 1965, Canadian twin boys, Bruce and Brian Reimer, were born healthy. However, during a routine circumcision, Bruce’s penis was irreparably damaged. Dr. Money, a psychologist and sexologist who advocated for the theory that gender identity is primarily learned through social and environmental cues rather than biological, inherited traits, advised the distraught parents to raise Bruce as a girl. Consequently, Bruce was renamed Brenda, surgically altered, and raised as a female. This case presented Money with a unique opportunity to further his research and theories on gender identity and fluidity.

From an ethical standpoint, the first major issue was the lack of informed consent. Although the Reimers were desperate for a solution, they were arguably not fully informed of the potential risks and the experimental nature of the treatment proposed. Money’s assurance of success was based on theoretical assumptions rather than concrete evidence. The principle of informed consent is critical in medical ethics, ensuring that patients or, in the case of minors, their guardians, are fully aware of all potential risks and outcomes associated with a medical intervention. The Reimers’ decision was influenced heavily by Money’s authority and the promise of a normal life for their child, which clouds the authenticity of their consent.

Secondly, the experiment underscores the ethical responsibility of healthcare professionals to avoid harm—primum non nocere (first, do no harm). Money’s experiment, though initially seeming to show Brenda adapting well, eventually resulted in severe psychological distress and confusion for her as she grew. The dissonance between Brenda’s biological sex and imposed gender identity led to significant behavioral and emotional issues, which Money reported misleadingly to support his hypothesis. This manipulation of data for theoretical validation, rather than patient welfare, starkly contravenes medical ethics.

Moreover, the experiment raises critical questions about the ethical treatment of children in medical research. Children are a vulnerable population, and any medical intervention, especially those involving identity and psychological wellbeing, must be approached with extreme caution and ethical rigor. Money’s continuation of the experiment, despite evident adverse effects on Brenda’s mental health, highlights a grievous ethical lapse—the prioritization of research outcomes over the patient’s wellbeing.

The psychological toll on David Reimer (who reassumed his male identity in adolescence after learning the truth of his medical history) was immense. He suffered long-term consequences, including depression and identity struggles, ultimately leading to his tragic suicide at the age of 38. This outcome serves as a potent reminder of the ethical responsibility towards long-term welfare in medical decision-making, particularly in cases involving non-urgent, non-life-threatening conditions.

Analyzing this case through the lens of virtue ethics, which emphasizes the moral character of the practitioner rather than the ethicality of an act, presents an additional dimension of critique. The virtues of empathy, humility, and integrity, essential for ethical medical practice, were conspicuously lacking in Money’s handling of the Reimer case. His determination to prove a theory seemingly took precedence over the humane treatment of Brenda/David.

In conclusion, the John Money experiment with David Reimer exposes profound ethical violations, highlighting the necessity for rigorous ethical standards in medical and psychological research. This case study is a critical reminder of the potential human cost when ethical boundaries are overlooked in the pursuit of scientific advancement. It underscores the enduring need for compassion, rigorous adherence to informed consent, and the prioritization of individual welfare in all medical practices. This tragic narrative invites ongoing discourse on medical ethics, reinforcing the imperative to safeguard the most vulnerable among us from experimental practices devoid of empirical validation and ethical integrity.

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Georgia protests latest: Angry protesters reclaim front of Georgia's parliament after riot police move out

Crowds of demonstrators are reacting angrily to the passing of a divisive new "foreign agents" bill, which critics believe will limit democratic freedoms. Watch live scenes from outside parliament by pressing play below.

Tuesday 14 May 2024 17:11, UK

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Georgians have protested outside their country's parliament in protest against the passage of a controversial law
Earlier today, MPs voted in favour of the 'foreign agents' bill, which critics say is Putinesque
A Sky News team is in Tbilisi as thousands of young people swarm outside parliament
Watch: Police snatch protesters | 'This country will never be Russia'
Eyewitness: Tense stand-off as riot police move in
Dominic Waghorn analysis: Anger, frustration and a sense of intended violence
Explained: How did we get here? | What is the 'Russian law'?
Live reporting by international affairs editor Dominic Waghorn in Tbilisi, with updates from live reporters in London

We're stopping our live updates on the protests in Tbilisi for now - but we'll be back if there are any new developments.

Scroll through the blog below to read what happened as protests erupted after the passing of a controversial new law by the Georgian government.

Lithuanian president Gitanas Nauseda says his country stands with the the Georgian people.

"Nobody has the right to take your European dream away," he said in a post to X.

Georgia applied for EU membership in 2022 and was granted candidate status in December - but president Ursuala von der Leyen said earlier this month that the country was at a "crossroads" amid the protests against its foreign influence law, which is seen as undemocratic.

These were some of the scenes earlier as huge numbers of police, some carrying riot gear, stood off against protesters in the Georgian capital before withdrawing.

Protesters have been sharing their thoughts on the new foreign agents law seen by some as threatening press and civic freedoms in Georgia.

"Help us," cried one person as the divisive "Russia-style" bill was passed in parliament.

Demonstrators are banging their fists against the metal barriers outside the Georgian parliament in similar scenes to those from a few hours ago.

The barricades - which some protesters broke into using crowbars and pipes earlier - have been fixed since police snatch squads dispersed the crowd earlier.

As we reported in our previous post, crowds have reached the front of parliament again after police retreated.

Our international affairs editor Dominic Waghorn is in the middle of the protests and says there has been an "unexpected turn of events".

"The police, and there are a lot of them, have retreated from the parliament," he says.

"They've come up the side of the parliament, and they have walked away. I wouldn't say they have been chased off because it was clearly a tactical retreat.

"I guess they've done their job. They've managed to protect the building as MPs voted for the bill. They protected it from the damage done by protesters.

"They didn't want to remain in front of the building as a focus of discontent, so now they have cleared the area and the protesters have been able to reclaim it."

The past 18 months have seen Georgia drift away from the West and become a "vassal state of Russia", a former defence secretary has said.

Dr Liam Fox tells Sky News this has been "welcomed in Russia by the usual suspects".

He adds that it is "tragic" as the majority of people in Georgia are pro-Western.

Dr Fox says the West now faces a "big task" to put pressure on the government in Tbilisi and persuade it to withdraw its divisive new bill.

"I was talking to a friend of mine who was in that crowd just about an hour ago, and they are very determined that they will not have their future as young people sold down the river by [oligarch] Ivanishvili and his cronies," he says.

He adds that the West must put up a "united front" and speak with "one voice" to make clear that it won't stand by and "watch the fate of the Georgian people being stolen from them".

Former Georgian president Giorgi Margvelashvili has called the new foreign agents bill a "joke" and a "replica" of a similar bill introduced by Vladimir Putin to "control his own society" in Russia.

He says the Georgian people will "not fall under that mistake" and protesters are standing "firm, calm, peaceful and for freedom".

"We will not let them prevail. We will overcome," he tells Sky News.

Asked what kind of battle lays ahead, Mr Margvelashvili says it will be "long" but "peaceful".

"It will take lots of our energy," he says.

Making a comparison to protests against the Soviet Union ahead of its collapse over three decades ago, he says: "Firmly, steadily standing on the moral side destroys all the powers that are with with the government.

"Standing firm, standing for ideals, standing for for your nation."

The UK's Europe minister Nusrat Ghani has called the scenes in Georgia "shocking" as she urges "restraint on all sides".

"Today the Georgian parliament again voted in support of the law on transparency of foreign influence. Like our partners, the UK strongly opposes the introduction of this legislation," she said in a statement.

"This draft law and the accompanying orchestrated intimidation of protestors are not in line with the democratic values of a NATO aspirant country and fundamentally risk derailing Georgia's Euro-Atlantic aspirations.

"As I said to the Georgian ambassador when we spoke earlier today, we are watching with deep concern. I now urge the government of Georgia to change course and withdraw this legislation."

Those in power in Georgia are trying to turn the country's upcoming elections into a "Russian-style" event, a former diplomat has said.

Speaking to Sky News, Vasil Sikharulidze, former Georgian ambassador to the US, said the government is trying to undermine "every single institution" that can guarantee a fair election in October.

"They are trying to cancel any possibility for the fair elections and turn it into the Russian style elections.

"One cannot call an election what is happening in Russia. - that's [what] they would like to introduce here," he says.

Mr Sikharulidze says the Georgian leadership is trying to "radicalise" a "tiny part" of the population that believes in its "craziness".

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Serbian Propaganda Factories Boost Support for Moscow

As Serbian media outlets stoke support for Russia across the Balkans, the West must challenge Belgrade’s disinformation.

When Ukraine’s first lady, Olena Zelenska, arrived in Belgrade on May 12, one media outlet described it as “a signal of the Balkan country’s swing away from Moscow.” Another drew a similar conclusion. But most Serbs across the Balkans don’t see it that way.

Serbia’s increasingly authoritarian President Aleksandar Vučić has sought to sell an image of neutrality over Ukraine, saying his country is not “ any side’s flunkey ” as he attempts to position himself as a Tito-like figure, capable of maintaining amicable relations with both the West and Russia.

To appease his Western friends, he’s reported to have sent some “ lethal weapons ” and humanitarian aid to Ukraine — apparently enough to ensure there was little reaction to his regime’s 2023 destabilizing actions in Kosovo, which led to the injury of more than 90 NATO peacekeepers , and a terrorist attack in Banjska.

Whatever Vučić is telling the West, two years into the full-scale war, Serbs throughout the Balkan region are openly supportive of Russia’s actions.

A poll across the Western Balkans by the International Republic Institute (IRI) released on May 14 showed that, while a majority of respondents from Albania, Kosovo, Bosnia and Herzegovina, Montenegro, and North Macedonia denounced Russia’s aggression in Ukraine, 49% of Serbians viewed it as “justified.”

Significant numbers in Montenegro (31%) and Bosnia and Herzegovina (27%) also backed Russia’s actions, closely tracking the number of Serbs in each country. Some 29% of Montenegrins described their ethnicity as Serb in the 2011 census , while Bosnia and Herzegovina is 31% Serb , according to a 2013 estimate.

Their views echo those of Serbian news outlets with close ties to the Vučić regime, which frequently disseminate pro-Kremlin propaganda to countries with significant Serb populations.

Anti-Western narratives find fertile ground among Serbs, many of whom believe NATO’s military interventions in Bosnia and Herzegovina in 1995 and in Kosovo in 1999 were unjustified.

Sometimes, when defending the Kremlin, Vučić likens Russia’s full-scale invasion of Ukraine to NATO’s bombing of Serbian targets during the Kosovo war, despite the differences.

Explicit support for either side of the Russia-Ukraine war also mirrors the Western Balkan region. Albanians and Kosovars overwhelmingly back Ukraine, while explicit support for Kyiv is more subdued in Bosnia and Herzegovina, Montenegro, and North Macedonia. It is minimal in Serbia (4%.)

A significant portion of Serbians (54%) explicitly align with Russia, reflecting the enduring ties between Belgrade and Moscow. Additionally, Moscow has the support of a substantial minority of Montenegrins (26%), Bosnians (26%), and Macedonians (19%.)

Russia does not have the economic heft of the European Union (EU) and China in the Western Balkans, but Gazprom and Lukoil continue to exert substantial control over the energy sectors in Serbia, Bosnia and Herzegovina and North Macedonia. Russian elites also own about a third of yachts registered in Montenegro, with its Adriatic coast, and nearly 40% of its real estate .

The most obvious reason the Kremlin finds favor among Serbs is that Balkan elites like Vučić (Serbia), Milorad Dodik (the Bosnian Serb leader), and Andrija Mandić (speaker of Montenegro’s parliament) maintain close ties with the Kremlin, backed by local and Russian media and the Serbian Orthodox Church . These connections serve as conduits for Russian narratives, shaping public opinion and policy stances in the region.

While Western states have barred Moscow’s propaganda outlets, Serbia has welcomed Russia, not only allowing it to continue its information warfare from the Sputnik Serbia office in Belgrade but also through the opening of RT Balkan , which has expanded Russian disinformation operations.

Both outlets provide news in Serbian, which allows the Kremlin to reach a wide audience throughout the Balkans. Sputnik Serbia also works closely with local media outlets by supplying them with Kremlin-manufactured propaganda.

While Serbia has provided some assistance to Ukraine, the regime has refused to impose sanctions on Russia because, in the words of Vučić , “A friend in need is a friend indeed.” He has been selling dual-use military technology to Moscow and opened Serbia’s doors to a substantial number of Russian businesses, creating opportunities to dodge Western sanctions.

If the West wants to counter Russian disinformation in the Balkans, it must confront its epicenter: Belgrade, which houses many of the Serb media organizations parroting Kremlin propaganda.

Tackling pro-Kremlin media is also important because Russia is fueling secessionist sentiments among Serbs in Republika Srpska and in Northern Kosovo, posing a threat to regional stability. A February report from the US Office of the Director of National Intelligence highlighted the potential for conflict escalation in the region.

Such an escalation would not only affect the Balkans but would have serious consequences for Ukraine given that the West has limited capacity to respond to further crises and wars.

Dr. Leon Hartwell is a Non-Resident Senior Fellow at CEPA and a Senior Associate at LSE IDEAS, London School of Economics.

Europe’s Edge is CEPA’s online journal covering critical topics on the foreign policy docket across Europe and North America. All opinions are those of the author and do not necessarily represent the position or views of the institutions they represent or the Center for European Policy Analysis.

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