Not all sources that you could use in your work are of equal weight. Some are more or less reliable than others, while others may be different types of sources. In this blog post, we will be looking at the difference between two broad categories of sources – primary and secondary. In addition, we will briefly explore a third type of source, tertiary sources, which are a mix of both primary and secondary sources.
We will also consider when it is appropriate to use each type of source and what they are best suited to so that you can confidently use them to support points and arguments made in your writing. We will mostly be looking at legal sources for this article, as it is an OSCOLA blog, but a lot of the points made will apply regardless of the subject.
What is a Primary Source?
Let’s start by looking at primary sources. These are sources that are first-hand accounts of an event or topic and are essentially the basis of any sort of research. You need these pieces of raw evidence to build your initial investigation into the area you have been assigned to or chosen to study.
Primary sources should help you to get familiar enough with a case or piece of legislation that you can then start asking more complex questions based on what you already know, which can often be answered by secondary sources.
So, what sort of things are primary sources? Well, they are often historical documents or records from around the time period you are considering, whether this is when a particular piece of legislation was introduced or when a significant event occurred.
In law, this can include things such as the Act of Parliament created, the Bill that first introduced it or the records of decided cases. More generally, primary sources may be personal communications (e.g. letters), memoirs or something such as a fossil from the time you are studying.
What is a Secondary Source?
In contrast to primary sources, secondary sources interpret and analyse primary sources. This means that they are always at least a step back from the action, compared to primary ones. They focus on drawing conclusions about the law from existing primary sources (although they may sometimes draw on other secondary sources) and discuss the law.
Therefore, secondary sources can be considered a commentary on the law and are often a better place to start than primary sources as they tend to be more accessible than primary sources and explain things as they go along.
What are some examples of secondary sources? They tend to be things such as books, journal articles and documentaries on the topic. These may be from around the same time as the event you are considering but are not a first-hand account and are instead interpreting the primary sources. The more recent a secondary source is, the more reliable it should be, as it can include all of the up-to-date information on the topic.
In law, one common example that you might use as a starting point is a textbook, as these usually work well as an introduction to the subject. You could also use articles from legal journals or reference books. Sometimes, it may be appropriate to cite blogs or websites that discuss the law.
What is a Tertiary Source?
A tertiary source is one that is a blend of primary and secondary sources. It will usually present summaries of the main issues and refer back to various primary and secondary sources or it may simply compile them. The advantage of tertiary sources is how accessible they are – they should be simple to use, collect all the information in a way that is easy to understand and link to other sources for further research.
One example of a tertiary source is an index, which will refer you back to other sources that are relevant. Legal looseleaf services are another, as they have a case or piece of legislation (a primary source) followed by a discussion and commentary (a secondary source). Sources may sometimes be a secondary source or a tertiary source, such as encyclopaedias, textbooks and bibliographies.
When Should You Use Each Type of Source?
When you are first establishing the facts in your writing, primary sources are best as these are the most reliable and accurate. You should also stick mostly to primary sources if you are answering a legal problem scenario, as these don’t require discussion of the law itself, just how it relates to the scenario.
However, if you are writing a legal research essay, you will want to use some secondary sources such as journals. You still need primary sources to back up the basic facts, but secondary sources are also appropriate for the discussion section. In addition, you may use secondary sources such as textbooks when you are first starting a topic.
Tertiary sources are also a good introduction to new areas of law. For example, looseleaf services are great for finding out about a particular case or legal principle in more detail. You can then use this information to find out more about a specific point you are interested in.
Wrapping Up
I hope that this helps you with your research. As you can see, there is a wide range of sources, but these are often used differently in your work. Let me know in the comments if you have any questions and come back in two weeks to find out about writing legal research essays.
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