Knowledge:
• analyse the law of modern slavery as it relates to those who marry British nationals
• assess and evaluate the wider context in which prosecutions for modern slavery take place.
Skills:
• understand the requirements of intended audiences and select an appropriate pitch of presentation and style for the audience
• select, evaluate and critique a range of legal and non-legal materials in order to develop and present a compelling argument
• research, access, comprehend and use a variety of legal and contextual materials.
Your answer should be written in standard English. It should not include any sort of list. You should not write in the first or second person (e.g. ‘I’, ‘my’, ‘our’, ‘you’, or ‘your’); instead you should use phrases such as ‘A person is …’ or ‘This answer will …’.
For this TMA you are required to research and answer the question from the legal perspective, i.e. outline the law as found (applicable case law, legislation etc.) relating directly to instances of slavery, enforced servitude or compulsory labour. This TMA looks for an understanding of the application of the law contained in the Modern Slavery Act 2015.
In conjunction with your legal evaluation you must also develop arguments that take into consideration the wider contexts in which the Act is situated. This is where your opinion counts. Issues relating to societal conceptions of marriage will clearly be relevant as will demonstrating an understanding of the issues which drove the legislation.
For example, you could explore the nature of slavery – why was there so much concern about the issues covered by the Act? Are the concerns about the impact on society, are they simply economic, or perhaps fundamentally moral in nature? Do you think that the law was enacted to protect spouses who are subject to abusive relationships with their partners? Should the law be utilised in this way? What might restrict the use of the law? What is the evil that the legislature has set out to cure?
However you choose to address the question, make sure that you reasonably balance discussion of the law with your contextual analysis. In law, context is everything, and therefore you must be able to demonstrate a clear understanding of this.
Everyone has strong opinions concerning the world around them. This TMA will, among other things, help you to develop the crucial academic and legal skill of testing personal and often passionate opinions using a rigorous and reasoned scholarly framework, which includes researching and citing appropriate sources to help develop compelling arguments.
Remember, you are being asked to write a piece that is academically robust, but also one that has journalistic flair. Think carefully, therefore, about how best to communicate your ideas to a general readership, without sacrificing a suitably in-depth analysis of the subject. Compelling is the keyword in this instance. Are you able to convince your audience of the validity of your arguments? More importantly, are you able to change the minds of your readers with your arguments?
While this TMA asks you to adhere to many of the same rules and conventions of essay writing that you have been asked to follow elsewhere in terms of form and structure, e.g. sub-headings, full sentences, paragraphs, references – a significant proportion of marks will be given for the quality and creativity of your arguments.
In other words, be convincing and compelling in making your arguments, whether for or against prosecuting spouses under the Act. The checklist below may help you to structure your TMA.
An exemplary TMA would contain the following:
• a strong, sophisticated argument, supported convincingly by relevant evidence showing contextual understanding
• a good balance between description and analysis
• well-developed, cohesive paragraphs, with smooth transitions between paragraphs and ideas, and a deliberate and fluid overall organisation and development
• a strong, engaging introduction that ‘hooks’ the reader and accurately represents the topic, style, and direction of the TMA and its argument
• clear and effective understanding and explanation of the situation and context,
• a clear, engaging, appropriate and consistent voice/style, that relies on concrete, vivid language, varied sentence structure and appropriate word choice
• a strong conclusion that re-emphasises the central argument(s)
• evident attention to the design of the TMA and attention to correctness in grammar, punctuation and spelling.
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