(Batman’s) advice for new law students, part VI: “always mind your surroundings”

One common mistake of new law students is conclusory argumentation, as discussed in this post on avoiding “Monty Python” argumentation.  Another common mistake is incomplete analysis.  An essay answer might include analysis that scratches the surface but doesn’t explore deeper.  But it’s crucial to consider the strengths and weaknesses of any argument, and to explore valid counter-arguments.

Failure to consider and address valid counter-arguments may leave an essay answer on thin ice, as illustrated by Bruce Wayne in the movie Batman Begins. Below is a video showing Wayne (pre-Batman) being trained in combat by Henri Ducard, who later turns out to be the villain Ra’s al Ghul. Ducard/Ghul reminds Wayne to “always mind your surroundings.”  But Wayne, hoping for a quick and easy win, ignores the fragile ice below his feet, leading to an equally quick and humbling defeat.  At about 1:00 into the video the battle reaches its climax:

Wayne: Yield!
Ducard/Ghul: You haven’t beaten me.  You’ve sacrificed sure footing for a killing stroke.

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Advice for new law students, part V: avoid Monty Python “Yes it is!, No it isn’t!” argumentation

When engaging in legal analysis, avoid being conclusory.  As I tell my 1Ls, always follow the advice of Dorothy from the song Follow the Yellow-Brick Road (emphasis added):

If ever, oh ever, a Wiz there was the Wizard of Oz is one because
Because, because, because, because, because
Because
of the wonderful things he does.

Always give the “because.”  If you state a conclusion (that the Wizard of Oz is a “Wiz”), make sure you give the reasons — i.e., state the issue, rule of law, analysis, and counter-analysis — that support the conclusion.  Thus, always make sure you’ve given the “because, because, because.”  Why is he a wizard?  Because of the wonderful things he does.

Of course, Dorothy’s analysis is still lacking.  She says the Wizard of Oz is a Wiz because of the wonderful things he does.  What are those things?  Explain.  Why are those things wonderful?  Because . . . .  And so on. So Dorothy shows what should be done: always give the “becauses.”

An illustration of what not to do can be found in Monty Python’s classic sketch Argument Clinic.  When I was in law school, one of my professors would mock students who engaged in what he called “Monty Python” arguing.  In the sketch, Michael Palin buys a five-minute argument.  John Cleese, in turn, simply contradicts everything Palin says.  Exasperted, Palin argues with Cleese over what is a proper argument:

Palin:  An argument is a connected series of statements to establish a definite proposition.

Cleese:   No it isn’t.

Palin:  Yes it is! It’s isn’t just contradiction.

Cleese:   Look, if I argue with you, I must take up a contrary position.

Palin:  But it isn’t just saying “No it isn’t.”

Cleese:   Yes it is!

Palin:   No it isn’t!

Cleese:   Yes it is!

Palin:  Argument’s an intellectual process. Contradiction is just the automatic gainsaying of anything the other person says.

Cleese:  No it isn’t.

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Advice part I (life and stress) here.
Advice part II (studying and attitudes) here.
Advice part III (back up your data) here.
Advice part IV (essay exams) here.
Advice part V (conclusory argumentation) here.
Advice part VI (incomplete argumentation) here.