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China's Future Lawyers: Some Differences in Education and Outlook

Asper Review of International Business & Trade Law, Vol. 7, pp. 293-303, 2007

11 Pages Posted: 21 Jul 2008  

Patricia Ross McCubbin

Southern Illinois University School of Law

Malinda L. Seymore

Texas A&M University School of Law

Andrea Anne Curcio

Georgia State University - College of Law

Llewellyn Joseph Gibbons

University of Toledo - College of Law; Fellow, Intellectual Property Rights Center

Abstract

In this short essay, four U.S. professors who recently served as Fulbright Lecturers in Law in China share important observations about China's future lawyers. The authors discuss key differences in the legal education systems of the two countries, noting that the most significant difference is the lack of Chinese training in the critical legal analysis so familiar to U.S.-trained lawyers. The authors also discuss Chinese law students' limited knowledge of the U.S. legal system and U.S. culture generally. This essay seeks to help members of the U.S. legal community understand the different skill sets and information that Chinese lawyers may bring to the table, in order to avoid "cultural encapsulation" - the tendency to have unfounded, ethnocentric expectations about their Chinese counterparts that could have profound, unintended effects on transnational interactions.

Keywords: China, Legal Education, Cultural Encapsulation, Critical Thinking

JEL Classification: K00

Suggested Citation

McCubbin, Patricia Ross and Seymore, Malinda L. and Curcio, Andrea Anne and Gibbons, Llewellyn Joseph, China's Future Lawyers: Some Differences in Education and Outlook. Asper Review of International Business & Trade Law, Vol. 7, pp. 293-303, 2007. Available at SSRN: https://ssrn.com/abstract=1162361

Patricia Ross McCubbin (Contact Author)

Southern Illinois University School of Law ( email )

1150 Douglas Drive
Mailcode 6804
Carbondale, IL 62901-6804
United States
618-453-8759 (Phone)

HOME PAGE: http://www.law.siu.edu/fac_staff/mccubbin/

Malinda L. Seymore

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

Andrea Anne Curcio

Georgia State University - College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States

Llewellyn Joseph Gibbons

University of Toledo - College of Law ( email )

2801 W. Bancroft Street
Toledo, OH 43606
United States
419-530-4175 (Phone)
419-530-7878 (Fax)

Fellow, Intellectual Property Rights Center ( email )

No.143, Wuluo Road
Wuhan, Hubei 430073
China

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