Leah Hill is an Associate Professor of Law at Fordham University, and was in Barbados as a Fulbright Scholar teaching law at the University of the West Indies earlier this year.
One of the most effective
ways to deepen your understanding of issues and ideas you've worked to develop
in your career is to step away from them--literally. This is precisely
what I was able to do via a Fulbright Scholarship to teach at the University of
the West Indies, Cave Hill, Barbados.
While at UWI, I co-taught a course, entitled Legal Methods, to undergraduate law
students. I have developed my teaching approach over many years at
Fordham University School of Law so I felt well positioned to showcase my
pedagogy to the students at UWI. I was aware of the many differences
between UWI's law program and Fordham's. Most importantly these students
were learning about a legal system that was very different from the U.S. system.
With my local co-teacher I selected those class sessions that reflected
universal themes in law, like legal writing, critical analysis and problem
solving. In my very first class session--Legal Writing in Plain English--I was disabused of my assumptions
about these universal themes. Further, I learned quickly that my so
called expertise was relative. I began my lecture with a lighthearted
critique of lawyers as writers, citing their verbosity and obscure use of arcane
legal language. I argued that the best writers communicate with
precision, using simple direct language.
This push for the use of plain
language in legal writing is pervasive in the U.S., filling legal writing
manuals, textbooks and journal articles. However, the students at UWI did not
buy it. I had encouraged them to participate actively in class
discussions and active participation was what I got that morning. Student
after student argued that the use of plain English would not be well received
in the Caribbean. They explained that their legal system was steeped in
tradition and formality; practitioners were expected to be verbose, formal and
use ancient Latin legal terms. They argued that straight forward and
direct language would be viewed as disrespectful, possibly even dumbing down.
By the end of the class, I had learned a valuable lesson about the
contextual limits of ideas and about the virtue of cultural exchange. It
was a lesson in humility to be sure!
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