How to ibid oscola

Overview

When you are citing legal or academic sources, particularly in footnotes according to the OSCOLA (Oxford Standard for Citation of Legal Authorities) style, you will encounter the need to refer back to a source that has already been cited. Repeating the full citation every time can make your footnotes lengthy and cumbersome. This is where abbreviations like 'ibid.' come into play. 'Ibid.' is a Latin abbreviation that signifies 'in the same place,' and its use streamlines the citation process by allowing you to refer to the immediately preceding source without repetition.

Understanding 'Ibid.'

'Ibid.' is derived from the Latin word ibidem, which translates to 'in the same place.' In academic and legal writing, it is used in footnotes to refer to the source cited in the immediately preceding footnote. This avoids the need to repeat the full bibliographic details of a source when it is cited consecutively.

When to Use 'Ibid.' in OSCOLA

The core principle of using 'ibid.' is that it refers to the source cited in the immediately preceding footnote. This is crucial. If you have cited source A, then source B, and then want to refer back to source A, you cannot use 'ibid.' because source B is in between. You must use the short-form citation for source A.

Here are the specific scenarios and how to apply 'ibid.' in OSCOLA:

Scenario 1: Same Source, Same Page

If footnote 5 cites a specific source and page, and footnote 6 cites the exact same source and the exact same page, you would use 'ibid.' in footnote 6.

Example:

5. John Smith, The Law of Torts (Oxford University Press 2020) 15.

6. Ibid.

In this instance, footnote 6 clearly refers to page 15 of John Smith's The Law of Torts.

Scenario 2: Same Source, Different Page

If footnote 5 cites a source and page, and footnote 6 cites the same source but a different page, you use 'ibid.' followed by a comma and the new page number.

Example:

7. Jane Doe, Contractual Obligations (Cambridge University Press 2018) 45.

8. Ibid., 48.

Here, footnote 8 refers to page 48 of Jane Doe's Contractual Obligations, a different page from footnote 7 but the same source.

Scenario 3: Same Source, No Page Number (e.g., referring to the work generally)

While less common for specific legal citations, if a footnote refers to a source without a specific page (perhaps a general reference to a statute or a book in its entirety), and the next footnote refers to the same source generally, you can use 'ibid.'.

Example:

9. The Human Rights Act 1998.

10. Ibid.

This would refer to The Human Rights Act 1998 again.

When NOT to Use 'Ibid.'

It is imperative to remember the 'immediately preceding footnote' rule. If there is any intervening citation, even if it's a brief mention of another source, you cannot use 'ibid.'.

Example of incorrect usage:

11. John Smith, The Law of Torts (Oxford University Press 2020) 15.

12. Jane Doe, Contractual Obligations (Cambridge University Press 2018) 45.

13. Ibid.

In this case, footnote 13 cannot use 'ibid.' to refer to John Smith's book because Jane Doe's book was cited in footnote 12. Footnote 13 would need to use the short-form citation for John Smith's book.

OSCOLA Short-Form Citations

When 'ibid.' is not appropriate, OSCOLA requires you to use short-form citations. These consist of the author's last name, a comma, the title of the work (italicised), and the page number(s).

Example following the incorrect usage above:

11. John Smith, The Law of Torts (Oxford University Press 2020) 15.

12. Jane Doe, Contractual Obligations (Cambridge University Press 2018) 45.

13. Smith, The Law of Torts 20.

This correctly cites page 20 of Smith's book, as 'ibid.' could not be used.

Key Differences from Other Styles

It's worth noting that citation styles can vary. While 'ibid.' is standard in many footnotes-based systems like OSCOLA, Chicago, and others, the specific rules for its use (especially regarding page numbers) might differ slightly. Always consult the official OSCOLA guide or your institution's specific requirements for definitive guidance.

Conclusion

Mastering the use of 'ibid.' is a fundamental skill for efficient and accurate legal and academic referencing under OSCOLA. By adhering to the principle of referring to the immediately preceding footnote and correctly applying it with or without page numbers, you can ensure clarity and conciseness in your citations.