Types of Legal Encyclopedias
Legal encyclopedias are comprehensive reference tools that organize legal topics into accessible, well-structured entries. Picking the right type of encyclopedia for your research question can save you significant time and effort.
General vs. Specialized Encyclopedias
General legal encyclopedias cover a wide range of legal topics across multiple jurisdictions. They're your best bet when you're starting research in an unfamiliar area of law and need a broad orientation. Think of them as the "big picture" resource.
Specialized encyclopedias focus on a single area of law, such as tax law or environmental law. Because their scope is narrower, they go deeper into the nuances of that subject. Choose a specialized encyclopedia when you already know your topic and need detailed treatment.
The decision between general and specialized depends on where you are in your research. Early on, general encyclopedias help you get your bearings. Once you've identified the specific legal issue, a specialized encyclopedia will give you more useful detail.
National vs. State-Specific Encyclopedias
- National encyclopedias cover federal law and general legal principles applicable across the United States. The two major ones are American Jurisprudence (Am Jur) and Corpus Juris Secundum (CJS).
- State-specific encyclopedias focus on the laws and regulations of a single state. Examples include Texas Jurisprudence and California Jurisprudence.
Many research questions involve both federal and state law, so you'll often need to consult both types. A national encyclopedia gives you the general rule, while a state-specific one tells you how your jurisdiction handles it.
Structure of Legal Encyclopedias
Legal encyclopedias follow a systematic organizational scheme designed to help you find information quickly. Knowing how they're built makes navigating them much faster.
Alphabetical Organization
Main topics are arranged alphabetically, so you can locate a subject without needing to know how legal categories are formally classified. Under each main topic, subtopics are nested in a logical progression from general principles to more specific issues.
Most encyclopedias also include a detailed index at the back, which provides additional access points when you're not sure which main topic heading covers your issue. Some encyclopedias use a hybrid system that combines alphabetical arrangement with topical groupings.
Cross-Referencing System
Encyclopedias use extensive cross-references to connect related topics throughout the work:
- "See" references direct you to the preferred term or main entry for a topic. If you look up "automobiles" and the encyclopedia covers it under "motor vehicles," a "See" reference will redirect you.
- "See also" references suggest additional related topics you should review for a more complete picture.
These cross-references are especially useful because legal issues rarely fall neatly under a single heading. Following them helps you avoid missing relevant material.
Key Legal Encyclopedias
Two national encyclopedias dominate legal research. You should know what each one does well and how they differ.
American Jurisprudence (Am Jur)
Am Jur is a comprehensive national encyclopedia covering both federal and state law. It's organized by broad legal topics with detailed subdivisions, and each entry includes references to relevant cases, statutes, and secondary sources. Am Jur is updated regularly through pocket parts (supplemental pamphlets inserted into the back cover of each volume) and online supplements. It also includes practice guides and forms, making it particularly useful when you need practical application alongside legal principles.
Corpus Juris Secundum (CJS)
CJS is another major national encyclopedia, but it places heavier emphasis on case law analysis and common law principles. It's organized alphabetically by legal topic with detailed subheadings, and its footnotes contain extensive citations to supporting authority. Compared to Am Jur, CJS tends to provide broader coverage of common law principles, while Am Jur leans more toward statutory and regulatory coverage. Neither is "better" across the board; the right choice depends on whether your research question is more case-law-driven or statute-driven.
Functions of Legal Encyclopedias
Overview of Legal Principles
Legal encyclopedias provide concise summaries of legal doctrines and concepts, including:
- Historical context and development of the principle
- Both majority and minority views on contested issues
- Key terminology and definitions
- Citations to significant cases and statutes that shape the area of law
This makes them valuable when you need to quickly understand the landscape of a legal topic before diving into primary sources.
Starting Point for Research
One of the most important functions of a legal encyclopedia is orienting you in an unfamiliar area of law. Specifically, encyclopedias help you:
- Identify the relevant primary sources (cases, statutes) you'll need to find
- Discover related topics and issues you might not have considered
- Locate citations to seminal cases and authoritative secondary sources
- Develop initial search terms and a research strategy
Encyclopedias are not where your research ends. They're where it begins.
Treatises in Legal Research
Treatises complement encyclopedias by offering deeper, more analytical treatment of legal topics. Where encyclopedias give you the overview, treatises give you the argument.
Definition and Purpose
A treatise is a scholarly work providing in-depth analysis of a specific legal topic or area of law. Treatises are authored by recognized experts in the field, which gives them a level of authority that encyclopedias (which are staff-written) typically lack. Courts regularly cite well-regarded treatises as persuasive authority.
Treatises provide not just statements of the law, but also historical context, theoretical foundations, policy analysis, and practical applications.
Types of Legal Treatises
- Subject-specific treatises focus on a narrow area of law, such as contract law or intellectual property (e.g., Nimmer on Copyright, Corbin on Contracts)
- Jurisdiction-specific treatises cover the laws of a particular state or region
- Practice-oriented treatises offer practical guidance, checklists, and forms for practitioners
- Scholarly treatises explore theoretical aspects and policy considerations in depth
- Multi-volume treatises provide exhaustive coverage of broad legal topics and can span dozens of volumes
Characteristics of Authoritative Treatises
Not all treatises carry equal weight. Knowing what makes a treatise authoritative helps you evaluate whether it's worth relying on.
Comprehensive Coverage
An authoritative treatise examines all major aspects of its legal topic. This includes thorough analysis of relevant case law, statutes, and regulations, along with discussion of historical development and policy considerations. Strong treatises also address minority views, alternative interpretations, and emerging issues rather than presenting only one perspective.
Regular Updates
The law changes constantly, so a treatise that isn't kept current loses its value quickly. Look for treatises that are updated through:
- Pocket parts (supplemental pamphlets tucked into the back of bound volumes)
- Loose-leaf services (replacement pages sent to subscribers)
- Online updates on platforms like Westlaw or LexisNexis
A treatise that incorporates recent court decisions and legislative changes, and that analyzes the impact of those developments on existing principles, is far more useful than one that hasn't been revised in years.
Using Treatises Effectively
Identifying Relevant Treatises
Finding the right treatise for your research question takes some effort. Here are practical steps:
- Check legal research guides or your law library's catalog for authoritative works on your topic.
- Look at citations in court opinions and law review articles. If a treatise is cited repeatedly by courts, that's a strong signal of its authority.
- Evaluate the author's reputation. A treatise by a recognized expert in the field carries more weight.
- Check the publication date and update schedule. Make sure the treatise is current enough for your needs.
- Use specialized databases (Westlaw, LexisNexis) to search for treatises by topic.
Locating Specific Information
Once you've found a relevant treatise, navigate it efficiently:
- Start with the detailed table of contents to understand the treatise's overall structure and find your topic area.
- Use the comprehensive index at the back for precise topic location.
- In electronic versions, run keyword searches to jump directly to relevant sections.
- Review chapter summaries or introductions for a quick sense of what each section covers.
- Examine footnotes and citations within relevant sections to find additional primary and secondary sources.
Limitations of Encyclopedias and Treatises
Secondary sources are research tools, not substitutes for primary authority. Understanding their limitations keeps your research balanced.
Currency of Information
- Print volumes may not reflect the most recent legal developments. There's always a time lag between a legal change and its appearance in a published update.
- In rapidly evolving areas of law (e.g., technology regulation, immigration), this lag can be significant.
- Always check pocket parts, supplements, or online updates for recent changes, and cross-reference with current primary sources before relying on what an encyclopedia or treatise says.
Depth of Analysis
- Encyclopedias provide broad overviews, not deep analysis. They're designed to introduce topics, not resolve close questions.
- Treatises go deeper, but even they may not cover every nuance or exception. An author's perspective can also introduce selective coverage or bias.
- For complex issues, consult multiple sources to get a complete picture. No single secondary source tells the whole story.
Citation of Encyclopedias and Treatises
Bluebook Citation Format
Proper citation of secondary sources follows specific Bluebook rules. Key differences to remember:
- Treatises include the author's name in the citation. Encyclopedias do not, because they are staff-written.
- Citations should include the volume number, title, section or page number, and year of publication.
- Use the abbreviations specified in the Bluebook tables (e.g., "Am. Jur. 2d" not "American Jurisprudence, Second Edition").
- Add parenthetical information when needed for clarity or context.
Weight as Authority
Secondary sources generally carry less weight than primary sources (statutes, regulations, case law) in legal arguments. That said, the hierarchy among secondary sources matters:
- Highly regarded treatises by renowned authors (e.g., Prosser on Torts, Wigmore on Evidence) can be quite persuasive to courts.
- Encyclopedias are typically viewed as less authoritative than specialized treatises because they provide general overviews rather than expert analysis.
- In practice, secondary sources are most often cited to explain or summarize legal principles, not as standalone authority. Always pair secondary source citations with primary authority when making legal arguments.
Digital vs. Print Versions
Online Research Platforms
Major legal research platforms like Westlaw and LexisNexis provide digital access to most encyclopedias and treatises. These platforms offer keyword searching, hyperlinked cross-references between related topics, and integration with primary sources so you can move from a treatise discussion directly to the cases it cites. Online versions are also updated more frequently than print, which helps with the currency problem.
Advantages of Electronic Resources
- Speed: Search across multiple volumes or sources simultaneously
- Navigation: Hyperlinks let you follow cross-references and citations instantly
- Currency: Online versions are updated more frequently than print
- Portability: Access extensive legal libraries remotely from any device
- Research tools: Bookmarking, highlighting, and note-taking features help you organize your work
- Integration: Copy and paste relevant text directly into your research notes or drafts
Integrating Encyclopedias and Treatises
Research Strategy Incorporation
A solid research strategy uses encyclopedias and treatises at different stages:
- Start with an encyclopedia to get a broad overview of the topic and identify key issues, terminology, and relevant primary sources.
- Move to a treatise for in-depth analysis and theoretical background on the specific issue you've identified.
- Cross-reference between the two to make sure you haven't missed important subtopics or alternative approaches.
- Use the citations in both sources to build your list of primary authority (cases, statutes, regulations).
- Develop your research plan by incorporating both general and specialized secondary sources as appropriate.
Complementing Primary Sources
Encyclopedias and treatises work best when used alongside primary sources, not in place of them:
- Use secondary sources to understand the context of cases and statutes you're reading.
- Identify additional relevant cases and statutes through the citations in encyclopedia entries and treatise footnotes.
- Analyze judicial opinions in light of the scholarly commentary found in treatises.
- Supplement your interpretation of statutes with explanations from authoritative secondary sources.
- Strengthen legal arguments by combining primary authority with analysis from respected treatises.