Territorial
Limits
Law & Languages
The
territorial limit on the application of any particular legal
system is a factor to be taken into account by any international
student contemplating going abroad to study law. Law degrees
with components that are relevant in more than one jurisdiction
will be particularly attractive to international students,
and the best examples of such components are probably language
teaching and courses relating to other legal systems.
The
value of languages and other international skills are becoming
increasingly recognised, with the expansion in international
travel, communications and business. The result is that
that law and language degrees provide an ideal qualification
for students wishing to pursue a wide range of careers -
upon successful completion of the degree, the graduate benefits
from having the skills of both lawyer and linguist. It is
the perfect qualification for those wishing to develop an
international practice as a solicitor or barrister.
Students
interested in studying a combination of law and languages
need to ask themselves a number of questions in order to
establish the kind of course they are seeking. Firstly,
do they require that the degree be recognised by the UK
professional bodies as one which permits the student to
advance to the vocational stage of qualification as a practising
lawyer. Secondly, do they wish to study for three years
or four years, including a year outside the UK.
Thirdly,
are they concerned just to enhance their language skills,
or do they also wish to gain knowledge of another legal
system. Finally, do they wish to pursue a language in which
they already have advanced skills, or do they wish to study
a language with which they are relatively unfamiliar.
The
growth in modular law degrees has made it increasingly possible
to include the study of a language or languages alongside
legal subjects. However, those students who require a law
degree recognised by the UK legal professional bodies will
need to make sure that the study of languages does not displace
study of legal subjects required for the degree to be a
'law qualifying degree'.
It
is unlikely that a joint honours three year programme (probably
called something like 'Law and French') will contain sufficient
law to meet the requirements; the starting point for those
requiring a qualifying law degree will be to look for a
programme called something like 'LLB with French'. A large
number of different languages are available, and whilst
entry onto some courses required an advanced level of ability
in the relevant language, in other cases it is possible
to start a language which has not previously been studied.
In cases where the presence of a language component is not
apparent from the title, it may still be possible to study
a language as an optional part of a specifically law programme;
finding these courses will require a study of the precise
options available.
Some
of these law and language degrees combine law with the study
of a foreign language, as well as its culture and literature;
these may be three or four year courses, including a year
abroad studying in the relevant language. Students on these
courses will not necessarily gain any great insight into
another legal system. Indeed, the time required by the language
work may deprive students of the opportunity which they
would otherwise have had to study optional law subjects,
such as Comparative Legal Systems, Public International
Law, and Conflict of Laws.
It
is worth noting that the only compulsory non-domestic aspect
of a qualifying law degree is a study of European Community
Law, and that students on programmes combining law with
another subject are unlikely to study more than the required
elements of law.
Students
who wish to enhance their language skills, whilst at the
same time acquiring a knowledge of another legal system,
should consider one of the four year courses which combine
law with the study of a foreign legal system and its language;
these are usually either Law with French Law or Law with
German Law. These courses typically involve two years of
study at a University in the United Kingdom, one year studying
law in the relevant foreign country in that language, and
a final year back at the home University. The year abroad
provides an excellent opportunity for a student to experience
first-hand the educational and legal cultures of a different
legal system. Both France and Germany have civil legal systems
with a greater emphasis on legal codes than the English
Legal System, which falls within the common law tradition
with an emphasis on judge-made law.
A
graduate with a Law with French/German Law degree will have
an invaluable understanding of both major families of legal
systems. Students may also be eligible for awards in respect
of the year in France and Germany, which will be recognised
in those countries. In many cases, the language component
of the course will be designed simply to prepare the student
for the third year abroad, and will not carry through into
the final year; this means that the student will be able
to devote the final year to the study of law, and that there
will be time for a wider range of options than would be
possible if language work made up a larger element of the
course.
Author
Fiona Tolmie
School of Law, Kingston University