Oxford standard for the citation of legal authorities là gì
OSCOLA stands for the Oxford Standard for the Citation of Legal Authorities. It is the Law referencing system created by Oxford University. If you are a post-graduate law student, you are required to use this referencing system. In this system, citations are put in footnotes at the bottom of the page. Show To create a footnote in Microsoft Word, click your mouse on the place you want it to refer to. Click on ‘References’ at the top and then on ‘Insert Footnote’. A number will appear in the text, and also at the bottom of the page, where you write your citation. This means that your readers can easily look down at the footnote to see the details of the source you are referring to. In this guide, each type of source has an outline of the elements of the citation. Each of the elements is separated by a vertical line ‘|’. Pay attention to
You can generate OSCOLA citations using RefWorks. To do this, log into RefWorks, then find the item(s) in Summon and click the 'Save this item' icon next to the search result. This will save the item(s) in your RefWorks folder. In RefWorks, select the item(s) and click 'Create Bibliography'. You can then select 'OSCOLA 4th edition' as the reference style and it will generate the citation. In HeinOnline, there is a Cite button to the left of an article's text which gives you the OSCOLA citation. You can find OSCOLA reference generators online, but none of them are perfect, so please check what they give you. If you cannot find what you need, read the latest edition of OSCOLA or email the Online Library at [email protected] ContentsGeneral PrinciplesQuotations
Footnotes
Authors' names
Titles
Pinpoints
Electronic sources (this does not apply to cases and legislation)
Dates
Subsequent citations
CasesCase citations including neutral citations case name | [year] | court | number, | [year] OR (year) | volume | report abbreviation | first page Example: Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884 Case citations without neutral citations case name | [year] OR (year) | volume | report abbreviation | first page | (court) Example: Barrett v Enfield LBC [2001] 2 AC 550 (HL) Notes
What are neutral citations? Many courts now issue judgments with a neutral citation which identify the judgment independently of any law report. Neutral citations give the year of judgment, the court and the judgment number. The court is not included in brackets at the end of a neutral citation because the neutral citation itself identifies the court. Where a judgment with a neutral citation has not been reported, give only the neutral citation. Example: Re Guardian News and Media Ltd [2010] UKSC 1 Where such a judgment has been reported, give the neutral citation followed by a citation of the most authoritative report, separated by a comma. Example: Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884 UK primary legislation (Acts and Bills)Cite an Act by its short title and year, using capitals at the beginning of major words, and without a comma before the year. Do not use popular titles of Acts, such as ‘Lord Campbell’s Act’ Example: Shipping and Trading Interests (Protection) Act 1995 If several jurisdictions are discussed in a work, it may be necessary to add the jurisdiction of the legislation in brackets at the end of the citation Example: Water Resources Act 1991 (UK) Statutes are divided into parts, sections, subsections, paragraphs and subparagraphs. The relevant abbreviations are: part/parts pt/pts section/sections s/ss subsection/subsections sub-s/sub-ss paragraph/paragraphs para/paras subparagraph/subparagraphs subpara/subparas schedule/schedules sch/schs Clause/clauses cl/cls Example: Consumer Protection Act 1987, s 2 If specifying a paragraph or subsection as part of a section, use only the abbreviation for the section. For example, paragraph (b) of subsection (1) of section 15 of the Human Rights Act 1998 is expressed as follows: Human Rights Act 1998, s 15(1)(b) Bills title | HC Bill | (session) | [number] OR title | HL Bill | (session) | number Examples: Consolidated Fund HC Bill (2008–09) [5] Academies HL Bill (2010-11) 1, cl 8(2) UK secondary legislation (statutory instruments)Statutory instruments (orders, regulations or rules) are numbered consecutively throughout the year. The year combines with the serial number to provide an SI number that follows the abbreviation ‘SI’ and which is used to identify the legislation. When citing a statutory instrument, give the name, year and (after a comma) the SI number: Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004, SI 2004/3166 Statutory instruments used to be called statutory rules and orders, and these are cited by their title and SR & O number. The Civil Procedure Rules (CPR) and their predecessors, the Rules of the Supreme Court (RSC) and the County Court Rules (CCR), may be cited without reference to their SI number or year. Cite all other court rules in full as statutory instruments. Examples: CPR 7 RSC Ord 24, r 14A CPR Practice Directions (PD) are referred to simply by number, according to the part or rule they supplement. Example: 6A PD 4.1 Parts of statutory instruments regulation/regulations reg/regs rule/rules r/rr (not necessary for CPR) article/articles art/arts European Union legal sourcesOfficial notices of the EU are carried in the Official Journal of the European Communities (abbreviated to OJ). The letter ‘L’ denotes the legislation series, the ‘C’ series contains EU information and notices, and the ‘S’ series invitations to tender. Legislation legislation title | [year] | OJ series | issue/first page Example: Consolidated Version of the Treaty on European Union [2008] OJ C115/13 Regulations and Directives legislation type | number | title | [year] | OJ L issue/first page Examples: Council Regulation (EC) 1984/2003 of 8 April 2003 introducing a system for the statistical monitoring of trade in bluefin tuna, swordfish and big eye tuna within the Community [2003] OJ L295/1 Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever [2002] OJ L192/27 Note that the year precedes the running number in citations to Directives, but follows it in citations to Regulations. Judgments of the European Court of Justice and General Court
case number | case name | [year] | report abbreviation | first page Examples: Case 240/83 Procureur de la République v ADBHU [1985] ECR 531 Case T–277/08 Bayer Healthcare v OHMI—Uriach Aquilea OTC (CFI, 11 November 2009) Case C–176/03 Commission v Council [2005] ECR I–7879, paras 47–48 Case C–411/05 Palacios de la Villa v Cortefiel Servicios SA [2007] ECR I–8531, Opinion of AG Mazák, paras 79–100 Decisions of the European Commissioncase name | (case number) | Commission Decision number | [year] | OJ L issue/first page Example: Alcatel/Telettra (Case IV/M.042) Commission Decision 91/251/EEC [1991] OJ L122/48 Judgments of the European Court of Human RightsCite either the official reports, the Reports of Judgments and Decisions (cited as ECHR) or the European Human Rights Reports (EHRR), but be consistent in your practice. Before 1996, the official reports were known as Series A. References to unreported judgments should give the application number, and then the court and the date of the judgment in brackets. Examples: Johnston v Ireland (1986) Series A no 122 Osman v UK ECHR 1998–VIII 3124 Balogh v Hungary App no 47940/99 (ECtHR, 20 July 2004) Omojudi v UK (2009) 51 EHRR 10 Cases from other jurisdictionsCite cases from other jurisdictions as they are cited in their own jurisdiction, but with minimal punctuation. If the name of the law report series cited does not itself indicate the court, and the identity of the court is not obvious from the context, you should also give this in either full or short form in brackets at the end of the citation. Examples: Henningsen v Bloomfield Motors Inc 161 A 2d 69 (NJ 1960) Roe v Wade 410 US 113, 163–64 (1973) Waltons Stores (Interstate) Ltd v Maher(1988) 164 CLR 387 BGH NJW 1992, 1659 Cass civ (1) 21 January 2003, D 2003, 693 CA Colmar 25 January 1963, Gaz Pal 1963.I.277 Legislation from other jurisdictionsCite legislation from other jurisdictions as it is cited in its own jurisdiction, but without any full stops in abbreviations. Give the jurisdiction if necessary. Examples: Accident Compensation Act 1972 (NZ) 1976 Standard Terms Act (Gesetz über Allgemeine Geschäftsbedingungen) (FRG) loi n° 75-1349 du 31 décembre 1975 relative à l’emploi de la langue française Booksauthor, | title | (additional information, | edition, | publisher | year) Examples: Timothy Endicott, Administrative Law (OUP 2009) Gareth Jones, Goff and Jones: The Law of Restitution (1st supp, 7th edn, Sweet & Maxwell 2009) If there is more than one author insert an 'and' before the last author's name. The edition should be included where the book is in its second edition or beyond. If citing information from a specific page, add the page number directly after the reference. Example: Gary Slapper and David Kelly, The English Legal System (Routledge 2016) 17 If a book consists of more than one volume, the volume number follows the publication details: Andrew Burrows, Remedies for Torts and Breach of Contract (3rd edn, OUP 2004) 317 If the publication details of the volumes vary, the volume number precedes them, and is separated from the title by a comma: Christian von Bar, The Common European Law of Torts, vol 2 (CH Beck 2000) para 76 Editors and translators If there is no author, cite the editor or translator as you would an author, adding in brackets after their name ‘(ed)’ or ‘(tr)’, or ‘(eds)’ or ‘(trs)’ if there is more than one. If the work has an author, but an editor or translator is also acknowledged on the front cover, cite the author in the usual way and attribute the editor or translator at the beginning of the publication information, within the brackets: HLA Hart, Punishment and Responsibility: Essays in the Philosophy of Law (John Gardner ed, 2nd edn, OUP 2008) Contributions to edited books author, | ‘title’ | in editor (ed), | book title | (additional information,| publisher | year) Example: John Cartwright, ‘The Fiction of the “Reasonable Man”’ in AG Castermans and others (eds), Ex Libris Hans Nieuwenhuis (Kluwer 2009) EncyclopediasCite an encyclopedia much as you would a book, but excluding the author or editor and publisher and including the edition and year of issue or reissue. If citing an online encyclopedia, give the web address and date of access. Examples: Halsbury’s Laws (5th edn, 2010) vol 57, para 53 Leslie Green, ‘Legal Positivism’, The Stanford Encyclopedia of Philosophy (Fall edn, 2009) Articlesauthor, | ‘title’ | (year) | volume | journal name or abbreviation | first page of article If only one volume was published that year, use square brackets: author, | ‘title’ | [year] | journal name or abbreviation | first page of article Put a comma after the first page of the article if there is a pinpoint (the specific page you are referencing). Example: JAG Griffith, ‘The Common Law and the Political Constitution’ (2001) 117 LQR 42, 64 Online articlesWhen citing journal articles which have been published only electronically, give publication details as for articles in hard copy journals.
author, | ‘title’ | [year] OR (year) | volume/issue | journal name or abbreviation | Example: Graham Greenleaf, ‘The Global Development of Free Access to Legal Information’ (2010) 1(1) EJLT Case notesTreat case notes with titles as if they were journal articles. Where there is no title, use the name of the case in italics instead, and add (note) at the end of the citation. Andrew Ashworth, ‘R (Singh) v Chief Constable of the West Midlands Police’ [2006] Crim LR 441 (note) HansardHL Deb OR HC Deb | date, | volume, | column In the House of Commons, written answers are indicated by the suffix ‘W’ after the column number; in the House of Lords, they are indicated by the prefix ‘WA’ before the column number. Examples: HC Deb 3 February 1977, vol 389, cols 973–76 HL Deb 21 July 2005, vol 673, col WA261 Command papers Command papers include White and Green Papers, relevant treaties, government responses to select committee reports, and reports of committees of inquiry. When citing a command paper, begin the citation with the name of the department or other body that produced the paper, and then give the title of the paper in italics, followed by the command paper number and the year in brackets. Example: Home Office, Report of the Royal Commission on Capital Punishment (Cmd 8932, 1953) para 53 The abbreviation preceding a command paper number depends on the year of publication: 1833–69 (C (1st series)) 1870–99 (C (2nd series)) 1900–18 (Cd) 1919–56 (Cmd) 1957–86 (Cmnd) 1986– (Cm) Websites and blogsSarah Cole, ‘Virtual Friend Fires Employee’ (Naked Law, 1 May 2009)
Newspaper articlesauthor, | ‘title’ | name of the newspaper | (city of publication, | date) | page if known Examples: Jane Croft, ‘Supreme Court Warns on Quality’ Financial Times (London, 1 July 2010) 3 Ian Loader, ‘The Great Victim of this Get Tough Hyperactivity is Labour’ The Guardian (London, 19 June 2008) Interviewsinterviewer(s) if not yourself, | Interview with name, position, institution of interviewee | (location, date of interview) Examples: Interview with Irene Kull, Assistant Dean, Faculty of Law, Tartu University (Tartu, Estonia, 4 August 2003) Timothy Endicott and John Gardner, Interview with Tony Honoré, Emeritus Regius Professor of Civil Law, University of Oxford (Oxford, 17 July 2007) If the reference is to an editorial, cite the author as ‘Editorial’. If you conducted an interview for the purposes of your dissertation, you do not need to cite it in your dissertation. If the transcripts of your interviews are in your appendix, you can refer to your appendix in brackets or a footnote, e.g.: According to interviewee X (Appendix 1), the … Or, you could cite it as a personal communication in a footnote. Personal communicationsWhen citing personal communications, such as emails and letters, give the author and recipient of the communication, and the date. If you are yourself the author or recipient of the communication, say ‘from author’ or ‘to author’ as appropriate. |