While writing legal documents, be it for academic or professional purposes, accurate referencing is a major necessity. Accurate, clear, consistent referencing is needed for legal writing to avoid plagiarism and maintain credibility. One of the most popular and frequently used citation systems developed by the University of Oxford’s Faculty of Law is the OSCOLA (Oxford University Standard For The Citation of Legal Authorities).
The OSCOLA citation system is tailored for all law students and practitioners to ensure legal resources are cited appropriately. Now, reference lists and footnotes are both a part of the OSCOLA citation system. Only the footnotes are the cornerstone of this citation system, whereas a reference list is an optional element in OSCOLA required for legal academic writing. As a law student in a UK university, we understand that the importance of learning and practising a reference list is the same as the importance of footnotes for you.
So, let’s learn a little more about OSCOLA before discussing the differences between reference lists and footnotes.
Why OSCOLA?
The OSCOLA citation system is primarily used in the UK because it is precise and clear, a must in legal writing. It does not use in-text citations; instead, it uses footnotes to provide detailed sources. OSCOLA uses a reference list at the end of the document in legal academic writing. As a law student, it is essential for you to learn and practice referencing sources using OSCOLA. In the following sections, we will learn about how footnotes and reference lists are used in OSCOLA.
Footnotes in OSCOLA
In the main text, footnotes are denoted by a superscript number placed at the end of a sentence, clause or quotation after punctuation marks like periods or commas. The corresponding citation is then mentioned at the bottom of the same page. Full details of the source are mentioned the first time it is cited. The second time, citations or subsequent references are used in a short form. The purpose of footnotes is to make the readers understand the basis of an argument and provide immediate context for clarity and credibility of a case or similar text.
Example:
Full citation (first reference):
Oleg Golichevsky v S0phie Kutchinsky [1932] AC 562 (HL).
If the second reference immediately follows the first citation:
Ibid
Shortened version (if it does not immediately follow):
Oleg Golichevsky v Sophie Kutchinsky (n 1).
Reference List in OSCOLA
Footnotes may sometimes also contain explanatory notes and details apart from sources; however, a reference list always contains citation details of the sources in alphabetical order. The structure of a reference list is divided into sections based on the type of source. The type of source could be legislation, cases, books, articles, or websites. Each of the sections is typically organized in alphabetical order by the author’s last name. The purpose of a reference list is to provide a comprehensive overview of all the resources consulted during the developing of the document, and all those sources are also cited, which were not directly referenced but were consulted while preparing the document.
When And How to Use Reference Lists vs. Footnotes
In research articles, footnotes are always required in OSCOLA, whereas the mention of a reference list depends on the journal’s requirements.
As law students, remember that reference lists and footnotes are required for essays and dissertations. However, for legal memorandums, a reference list is only needed if specified by guidelines; only footnotes are the primary referencing method.
Key Differences Between Reference Lists & Footnotes
| Reference List | Footnotes |
| The reference list is included at the end of the document. | Footnotes on the other hand, are mentioned at the end of each page where the sources are cited. |
| A reference list can include sources consulted but not directly cited. | In the footnotes, only the sources directly cited are mentioned. |
| Full citations in a structured format are used based on source type. | Only the first citation of a source is detailed, and the subsequent citations are mentioned in shortened form. |
| The purpose of a reference list is to make a comprehensive list of all the sources consulted and cited in the document. | The purpose of a footnote is to provide immediate details of a source for context. |
Conclusion
Understanding the difference between reference lists and footnotes and how they are used in the OSCOLA citation system is crucial for all the law students out there studying law at UK universities. It will help students make their dissertations and essays free from any referencing error, thereby ensuring a high score. If you are looking for any other assistance or more assistance in referencing your academic papers, be sure to check out Digi Assignment Help. Our team at Digi Assignment Help is adept at helping students at UK universities score high in their assignments to form a streamlined career path through their graduation and post-graduation studies. Check out our website to learn more.
This is a great breakdown of the key differences between OSCOLA footnotes and reference lists. Many students struggle with when to use each, especially in balancing clarity with proper citation formatting. One additional challenge I’ve noticed is maintaining consistency when switching between footnotes and bibliography entries—do you have any tips for avoiding common mistakes in this area?
As someone who’s used OSCOLA for legal papers, I can attest to how crucial it is to understand these differences. Getting the footnote style right, especially for case law and statutes, can be tricky. Great overview of the nuances!