In this blog in my OSCOLA referencing series, we will be looking at the possibility of referencing unpublished theses in your work and, if you do decide to do so, how to do it correctly. Before we learn the right way to cite them, we will first be asking whether a thesis is a suitable reference or if you should avoid it in your work. This will require looking at different situations and deciding when it is alright and when it isn’t, as well as taking some additional considerations into account.
If you are writing in an educational situation, it is definitely worth asking your tutor or lecturer what their opinion is on this, especially if they are likely to be the one marking the work! Now we will start looking at some of the reasons to use and not to use a thesis as a reference. As normal, do skip past this if you just need to know the referencing guidelines.
When is it Acceptable to Use a Thesis as a Reference in Your Writing?
We will begin by considering why it might be alright to use a thesis in your references. As always with sources, the first thing to weigh up before including it in your work is how reliable you think it is. You can do this by looking at a number of different things.
First, do you know who wrote it and why? Are they likely to be unbiased in their writing or are they trying to persuade the reader of a particular point? This is not necessarily a bad thing, as you could still do this to illustrate other writers’ arguments in a discussion section, for example.
Nevertheless, do look at whether their arguments and views are backed up by fact and are well reasoned, as there is little point referencing them otherwise. Even if you intend to write a counter-argument to their views, this is no use if these views were not supported by evidence in their own work!
If the author is a well-known and respected one, this could be an argument to include the source (although it would most likely be published in this case). However, do still remember to check what they have written and their sources before you decide it is suitable.
Another point to consider is how accurate the thesis is. You should be able to evaluate this by following up their sources from the bibliography. If they do not have any or they seem to be using them inaccurately, be wary! A thesis is not a good source to cite if the writer is not citing their own sources fully as it shows that the writing is unlikely to be reliable and may be mostly opinion.
Of course, one important argument in favour of citing a thesis is if you have already used its ideas and information in your writing. If you have done this, you have to cite the source to ensure that you have referenced your own work correctly and not used others’ work without giving credit.
When is it Not Acceptable to Use a Thesis as a Reference in Your Writing?
Now that we have some idea of when you can cite a thesis as a source in your writing, we will look at when you shouldn’t use it. Again, this will need you to evaluate the source for reliability and accuracy.
First, does the source seem to be unreliable? For example, does it seem to feature a lot of opinions with few or no sources to back them up? If it is referenced, do the references themselves seem to be reliable sources? The author may be known as an unreliable writer (or a reliable one!), so consider researching this as well.
There are other factors that mean a thesis is not a good reference to use, such as how recent the source is. A current source will have up-to-date legal facts and the discussion will benefit from this. It is possible to reference a less recent source, especially if you are looking at the law in a historical context but do think about what it is adding to your work and whether you could find an updated version.
Similarly, check a source is relevant to your work. A thesis may well be an excellent, reliable source but this is of no help if it is about a different topic. Your sources should support your work by backing up your arguments or providing additional facts, but not stray too far from the focus of your writing.
Additional Considerations
One additional thing to consider when using a thesis as a reference is whether it is publicly available. If it isn’t, you should check with the author first before you use it as a reference. Also, remember that if you have written a thesis and are referring back to it, you need to reference your own work in the same way as you would anyone else’s.
How Do You Reference Theses?
The basic format for a thesis in OSCOLA is:
Author | ‘Title’ | (Type of thesis, | University | Year of Completion)
For example:
Javan Herberg, ‘Injunctive Relief for Wrongful Termination of Employment’ (DPhil thesis, University of Oxford 1989).
Authors in a footnote are cited as above, with the full first name or initial first, then the surname, whereas in a bibliography the surname comes first, then the initial. So, the example above would be:
Herberg J, ‘Injunctive Relief for Wrongful Termination of Employment’ (DPhil thesis, University of Oxford 1989)
Remember that bibliography references do not need a full stop at the end, whereas footnotes do.
Wrapping Up
I hope that you now understand more why you would or wouldn’t use a thesis in your writing, as well as how to reference them using OSCOLA. They can be a strong reference for your work, so do at least consider using them if you find one that is useful. Next time we will be looking at how to reference newspaper articles, so do come back then!
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