8.7 What should go into a law reform submission?
In many respects, a law reform submission is similar to an academic essay that takes a reasoned position in relation to some issue. So, much of the intellectual content of your submission will be very similar to an academic essay (see Chapter 7). However, in a law reform submission you should be even more clearly in favour of a specific position. Moreover, it is the reasons for your position that will count. Also, you will most often need to consider alternative or opposing policy positions and the reasons for them. So, be balanced and reasonable, not in the sense of being non-committal, but in the sense of considering relevant and reasonable options and giving reasons for your recommendations.
TIP: WHAT THE LAW SHOULD BE MIGHT BE WHAT IT ALREADY IS
Remember that the issue is not what the law is, but what it should be. Your submission needs to present a clear position on what the law should be, even if your argument is that it should remain unchanged – defending the status quo can be a perfectly respectable position.
Your aim in writing is ultimately to rationally persuade your reader (here a law reform commission or similar body) to adopt the position you recommend. This means that the reasons you give for taking that position should not merely be the reasons why you adopt that position but should be reasons that your audience should adopt as theirs. Think carefully about how best to get your audience to agree with you or at least to take your view seriously enough to warrant a considered response.
This means that logical arguments supported by credible evidence and appealing to shared or common values and normative principles are likely to be your main tools of persuasion. Because your concern is with what the law should be, not what it is, citing legal authorities to back up your argument will often be of limited use. Of course, if you are saying something is the law, then you should cite the authority for that. But law reform arguments are more likely to be grounded in political, social and ethical principles such as justice, human rights or economic efficiency.
TIP: IT’S NOT ABOUT YOU
Your emotional convictions will be of little use in this persuasive task. Your goal is not to give full and satisfying expression to your feelings. Simply saying how strongly you are convinced of some matter is unlikely to give your audience a reason to share your conviction. Rather, your goal should be to persuade a reasonable person or group of people to agree with your position or at least take it seriously. You should aim to give your audience reasons for it to adopt your position. This means it might not be enough to articulate your own reasons for adopting the position you adopt. Think what reasons you can give your audience for it to adopt as its reasons for taking that position or at least taking it seriously.
A law reform submission should be informed by research. Many real-world submissions are under-informed or ill-informed and weaker because of that. So do not follow those examples in particular. Look for submissions that have strong referencing. Remember that the better support you have backing up your submission, the more persuasive your arguments will be. As always, your research should be properly cited.
