International collaboration is a legal education opportunity

In our interconnected world, climate change, environmental degradation and human rights are among the concerns shared by many of us, our students and wider society. These issues transcend borders and affect societies across continents and datelines. While cultural nuances shape how these concerns play out within each society, at their core they reflect our shared human aspirations of protection, safety and the need to have the freedom to be ourselves. Our shared aspirations provide a rich source of material for encouraging discourse and learning about the law. 

As a law academic, I see the way we approach legal education internationally as playing a pivotal role in addressing these challenges. In my view, the understanding of different legal systems can enrich our engagement and inform better decision-making. For example, as a human rights lawyer, I have often explored conflicting viewpoints in my teaching (and research). While personally I may never understand the death penalty, the discourse with those who hold opposing perspectives is essential. As we seek to regulate and uphold rights, international discussion and collaboration is vital. 

Learning from similarities and differences

To incorporate alternative perspectives that other legal systems have to offer in our teaching, we must venture beyond our comfort zone. Engaging with legal traditions other than our own doesn’t imply a suggestion that they necessarily offer a better solution. Their incorporation into the academic discourse contributes to and encourages students’ critical thinking, enriching the classroom. Importantly, it gives students a licence to explore ideas outside the pattern of their own legal systems. For global issues such as climate change, understanding diverse approaches is crucial. By testing our ideas against traditions different from our own, we enhance our legal toolbox.

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In the context of the Commonwealth, the shared foundation of English common law across many member countries provides a solid basis for examining how these legal systems address specific issues. This common heritage creates an “echo chamber” effect, where similar legal principles may resonate across jurisdictions. Conversely, exploring legal systems with different roots, such as those in civil law countries, allows for a comparative analysis to see if they arrive at similar solutions or offer unique insights. This process is akin to a game of Chinese whispers, where ideas are introduced into the discourse to observe the varied outcomes.

Law as a cultural lens

Law reflects culture, so understanding a society’s legal framework has the potential to provide our students with valuable insights into its values, norms and historical context. Through law, one can gain an understanding of what a culture is like. The true meaning of tolerance is real understanding and therefore, in theory, a real understanding of another culture or cultures should lead us to less conflict. I'm a great believer that having the discourse is a first step to persuading somebody. 

To integrate this approach into teaching, one can compare and contrast legal issues across different jurisdictions. This involves not only examining the legal principles but also setting the social and cultural context of the countries being compared, as law often mirrors the society from which it originates.

The power of discourse in academia

Engaging, questioning and seeking empathy can change minds. When I was working in the Gulf states, I witnessed students transform through dialogue and begin to ask questions from outside their traditional philosophy that they might never have thought of before. If you can get one student to reflect deeply, or change their mind or way of thinking about the death penalty, for example, then that’s the discourse we need or else there will never be change. 

Sometimes it needs a bit of research, but one will often find case law from other jurisdictions tackling the same issue coming to different outcomes or coming to the same outcome but with different reasoning from that of one’s own jurisdiction. Again, the question of the legality of the death penalty is illustrative: the decision of the South African Constitutional Court in S v Makwanyane and Another can be discussed in light of the US Supreme Court in Gregg v. Georgia. It is, however, important to give the cultural, social and political context in which those decisions were made. That context in turn can lead to a further discussion – for example, of the role of the courts and separation of powers in the case of S v Makwanyane, where the court held the death penalty unconstitutional in the knowledge that the overwhelming majority of South Africans supported it. 

Cross-cultural understanding significantly enhances the use of comparative materials by deepening the comprehension of different legal solutions for the same issue. It helps to prevent superficial comparisons by ensuring that any analysis includes the necessary context. As mentioned earlier, setting the law within its cultural and societal framework is crucial, and cross-cultural dialogue can facilitate this process.

In conclusion, integrating comparative legal analysis into teaching is greatly enriched by cross-cultural understanding. By examining legal issues across different jurisdictions, we can leverage the shared foundation of English common law to identify commonalities and differences. This echo-chamber effect allows for a deeper exploration of how similar legal principles are applied. Additionally, comparing these with civil law systems provides valuable insights into alternative legal solutions. Cross-cultural dialogue is essential to this process, ensuring that comparisons are meaningful and contextually grounded, thereby preventing superficial analyses and fostering a more comprehensive understanding of global legal landscapes.

Humans strive for the same things. We want to be protected. We want to be safe. We want to be free to express ourselves. By exchanging diverse views on how we attain these, we gain a richer understanding. Let’s lead the way, fostering vital cross-cultural dialogue, with the aim of nothing less than shaping a more just and informed world. 

Petra Butler is the executive dean of law at the University of Canterbury, New Zealand. She was appointed a senior research fellow by the British Institute of International and Comparative Law and is the director of the Institute of Small and Micro States, which promotes scholarly and governmental research.

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