Mastering Legal Research and Writing: Practical Strategies for Asian Law Students

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Tetsuya Toyoda

7/26/20244 min read

Mastering legal research and writing is crucial for Asian law students, who face unique challenges such as Linguistic Diversity, Limited Access to Resources, Traditional vs. Modern Legal Education. In this article, the JGLR editorial team explores practical strategies to overcome these hurdles, emphasizing technology, critical thinking, and consistent practice. The article features an interview with Tetsuya Toyoda, a distinguished expert in International Law, who shares his insights on overcoming linguistic diversity, developing critical thinking skills, and adapting to different writing styles. Toyoda's extensive background includes a DEA in International Law from Université of Paris-II, a BA in Law from the University of Tokyo, and experience teaching at Akita International University. A Fellow at the Woodrow Wilson International Center for Scholars and author of "Theory and Politics of the Law of Nations" (2011). His research spans the modern history of international law, territorial disputes, and regional cooperation in East Asia.

1. How can law students in Asia establish a common ground for interpreting legal research, given the challenges posed by regional linguistic diversity?

The reality is that the common language in Asia is English. Unfortunately, it is not Indonesian, but English. In order to establish a shared body of knowledge in the region, we require more legal publications in English that can be accessed by all young students in the area. These publications should be available not only in print, but also on the internet. Your blog is a valuable contribution to fostering a shared understanding, knowledge, and philosophy of law in the region.

2. When we encounter different judicial decisions in their own languages, we sometimes find it difficult to translate them. Which applications or tools can we use to translate these judicial decisions from diverse Asian countries?

It is true that Europe and Asia, especially Southeast Asia, have remarkable linguistic diversity. In East Asia, we have languages like Bahasa Malay, Bahasa Indonesia, Vietnamese, Tagalog, Burmese, Japanese, Korean, and Chinese. While sharing information in English is important, local languages are the official languages. However, there are no simple tools to translate official judicial texts. If local governments publish judicial texts and legal data on the Internet in a format accessible for translation tools, it would be helpful. Often, PDF files cannot be copy-pasted, making translation way more difficult. Although Google Translate is a good starting point, there are many other tools available. It's important for young students to stay at the forefront of technological advancements to assist in this process.

3. What are the effective methods for developing critical thinking skills, given the growing influence of judicial dynamics and case law, rather than relying on the traditional approach of seeking definitive right answers?

This evolution is not only happening in Asia, but globally. One significant factor diminishing the importance of a singular correct answer is the increasing transnational nature of legal transactions. For instance, legal matters in Japan were considered within the framework of the Japanese legal system and the Japanese Supreme Court. However, today legal issues transcend national borders, and decisions made in Japan are influenced by those made in countries such as Singapore, Vietnam, and Germany. As a result, lawyers must now take into account decisions made by judicial authorities in other countries. Critical thinking in this context requires a comparative, transnational, and international approach to legal issues. While law professors in East Asia and Europe often rely on traditional methods and answers found in textbooks, younger scholars should be aware that their professors may not be up-to-date with the current transnational legal landscape.

4. What are your thoughts on the different styles of academic writing between Asian law students and Western law students?

The distinction is not so much between Asian and Western students, but between traditional and modern styles. When writing for a conservative and traditional professor, it's important to adhere to their preferences. However, when submitting a manuscript to an international journal, whether in the West or Indonesia, it's crucial to consider the most recent trends and technologies in legal research. The variance lies in the styles demanded by different audience types.

5. How can law students adapt to the expectations of traditional or modern writing styles?

This advice is not just for Asian students. What you need to do is practice, practice, and practice. In the past, practice involved writing on paper or typing on a computer. Now, you have blogs. Publish your legal comments and short papers as frequently as possible to improve your writing skills. Juris Gentium Law Review online blog is precisely what is needed in our time.

Asian law students face unique challenges such as linguistic diversity, limited access to resources, traditional vs. modern legal education methods, and varying levels of technological integration. However, they also have significant opportunities in the globalization of legal practice, advancements in technology, growing international legal networks, and the increasing prevalence of English-language publications. By addressing these challenges and leveraging the opportunities, Asian law students can enhance their legal research and writing skills, ultimately contributing to a more interconnected and informed global legal community.

Here are further readings we could encourage readers to look into:

These resources provide additional insights and scholarly discussions that can help law students navigate the complexities of legal research and writing.

This interview was conducted by the Associate Editors of JGLR: Fresina Choerupriyatna, Keyza Audirasandi, Sabina Zildji.