Teaching French law in England: from cultural clashes to inventive integration

In her paper Audrey Guinchard (University of Essex) presented her experiences teaching on a double degree. Find out more in her 2007 article, ‘The double degree experience between England and France: a contribution to an integrated European legal education’ (European Journal of Legal Education 4(1):3-18).

Coincidentally, a total of four papers at the Learning in Law Annual Conference 2009 explored the implications of the differences between the French and UK/Irish legal education systems – see the other papers by Marie-Luce Paris, Ruth Sefton-Green and Chloë Wallace. In her report on Ruth and Audrey’s papers Chloë noted that “the cultural leap is significant and possibly not as well understood as it could be, with an important impact on mobility and on quality assurance”.

Teaching law in a different jurisdiction highlights cultural differences and expectations. The experience of the LLB English and French laws, a double degree running between Essex and Paris X Nanterre, demonstrates the clashes that exist when presenting French law in England.

Maybe because the two year module with both French private and public law is not merely an introduction to French law, but aims at providing an understanding and knowledge of the law as approved by the French law society, multiple difficulties arise, including:

• different conceptions of the relationships between learners and lecturers, with the French model relying on a passive student role
• different legal methodologies that appear de facie opposite in their concepts
• different learning resources (electronic and paper-based)
• different expectations about the workload and the module
• a distinct French legal culture which is not as uniform as it may seem

In addition, the use of another language (French) seems only to amplify the cultural gaps in legal education, as translations are not made, as if two separate cultures cannot intermingle.

And yet clashes can be overcome, at least sufficiently to demonstrate that multiple cultures can co-exist, feeding each other. At first a barrier, culture in legal education can become a bridge. How? An understanding of legal cultures both in their differences and similarities, the use of emotional intelligence to unblock situations, a reflection on what teaching and learning mean and a willingness to innovate are key features to a successful learning experience embracing differences without promoting isolation.

Ultimately, teaching law in another jurisdiction leads to the use of comparative law. Not a surprise, for the comparatist is familiar with the above dynamics.

Chloë Wallace (University of Leeds) reports:

Audrey spoke on the subject of bridging the gaps between legal education in England and France within the context of a double degree, a joint provision between two universities. As well as dealing with institutional and quality differences, there is the challenge of learning within a different legal system and making a cultural leap (a leap made harder by the fact that many students have little understanding of the history and culture of their own country).

About Audrey

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Audrey Guinchard is a lecturer in the Department of Law at Essex. She teaches French law on the LLB with Maîtrise, which she implemented and now co-directs. Her main research interests are comparative law, criminal law, procedure and human rights issues. Audrey publishes both in English and in French.

Last Modified: 9 July 2010