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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