The email arrived in April and was forwarded to the professors selected to teach in France:
"We have been invited to participate in a debate about whether the common law model is preferable to the civil law model of France."
My response? "In what language?" While I had tremendous faith in the powers of Rosetta Stone, I knew that I could not learn French in time for a June debate. When I was told the debate would be in French
and in English, I knew I would be able to participate, especially since my colleague David Pimentel is an expert in post-conflict justice and the accompanying distinctions between the Anglo-American common law and its civil/code counterpart in the rest of the world. Sign me up! Once I arrive in Clermont-Ferrand, I am further reassured by signs around the building that advertise the debate as "in French and English."
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| A view from our faculty office, where I prepare for class ... and for debates |
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| Another view from the "official" faculty office. The Jardin le Coq is through the trees. |
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| Jardin le Coq, my "other office." The swans were NOT helpful in preparing for the debate. |
First glitch: David can't attend the debate because he will be at a conference back in the States.
Problem solved: David will record a video explaining why our system is the best ("USA! USA! Woohoo!"*) and I will do enough research to counter any major controversies raised during the live debate. David records his video and I complete my research. I re-read an email and see that the debate focused on criminal law. Not my area, but I can do this. I've read enough to debate Ugo Mattei** himself ... I am ready to explain why the American system is one that predominates*** because the people of the world are clamoring for it.
I arrive at the debate with my laptop containing the necessary software to play David's presentation. I notice that two of the other four speakers are conversing with each other in English, so I don't think there will be any language barrier. (Irony alert: in trying to argue that American law is not hegemonic, I am hoping that the English language is hegemonic.) Nevertheless, I have written (thanks, Google Translate!) and rehearsed an introduction in French, to show that I am making an effort to speak the language. I have also watched David's video presentation and taken notes about his assertions to further explore them during the debate, if necessary. All of the settings are correct on the special software on my laptop, and I am able to view and hear it
sans probleme. I just need to connect it to the system in the auditorium, which is exactly like the one where I've been teaching. I arrive early so I can hook up the laptop. All audio settings are good, and David's face is "paused" and ready to go when it's the American professors' turn to debate. I converse (in English!) with a U.S. native who has been teaching U.S. History for the past 20 years in France and who is also participating in the debate (on the American side). Meanwhile, someone else is using the auditorium's audiovisual system for another display. No problem - I have tested the system!
The U.S. native and a French professor converse in English while we are waiting on the other speakers and audience members. Yes! Lots of English speakers! The first speaker is a French student who also speaks English very well, which I learned during a pre-debate conversation. She begins the debate by reading from her paper in ... French. At first she sounds enthusiastic ... then she begins to sound a bit tense ... then rather angry. I can only judge her tone and not her actual words because HER ENTIRE PRESENTATION IS IN FRENCH. The U.S. native professor, sitting next to me, leans in and asks, "Do you understand what she's saying?" When I frantically shake my head, "No," she tells me that she will take notes in English. I look on her paper as she is writing. (Which feels odd - I mean, in a classroom setting, you aren't supposed to be looking at someone else's paper, right? Isn't that cheating?)
When the student finishes, a French professor begins speaking about the American criminal justice system ... in French. I can pick up a few words, especially when she uses "l'americain" and looks at me. The U.S. native professor leans in to tell me that the French professor wants me to correct her if she's wrong about any aspect of our system. Yeah, right. The French professor could be saying that Americans try criminal cases by playing "rock, paper, scissors" and I wouldn't know the difference. I can tell when she is discussing plea bargaining and how the French frown upon it, and I make notes for later.
At last ... one of the French professors who spoke English earlier. He teaches classes to U.S. students, so I'm pretty confident he will be using English. He begins his presentation ... in French. He continues in French. I am able to pick out certain terms such as "doing business" and "throw the baby out with the bath water." (Seriously. Apparently that idiom translates well.)
My turn! I hit the correct buttons to set up David's presentation while the moderator is introducing me. I start my rehearsed spiel in French while hitting the "play" button on the video and wait for David's voice to resonate throughout the auditorium. I see his face on the screen ... I see his mouth moving ... why isn't his voice resonating? I abandoned the rest of my rehearsed French presentation in favor of mumbling "je ne parle pas francais" while hitting random volume and other audio buttons. Video David remains mute.
In the interest of time, I abandon all hope of speaking French and explain in English what David
would have said in the video, referring to my notes. (I still don't know what happened ... I can play it fine from my laptop.) I respond (in English) to the comments made during other presentations, based on the notes taken in English by the other professor. Fortunately, I am able to make the points (in English) that David and I intended, and members of the audience seem to nod in agreement.
The U.S. native concludes the presentation by speaking about American Constitutionalism ... in French. I look over at her prepared notes, which are in English. I am amazed at and envious of her bilingual ability, and extremely grateful for her kind offer to translate.
Now it's time for questions from the audience ... in French. The U.S. native professor explains to me what they are asking, and I want to respond to their questions (not really directed to me) but I refrain from doing so in light of the language barrier and the apparent need for translators.
A lovely reception followed the debate, where I conversed with several members of the audience ... in English. Finally. Several people told me that they loved hearing my American accent. Many others told me how they had studied or lived in the United States and loved our country and its citizens. One man told me that he was glad I wasn't from Texas, because he can never understand Texans. Another told me that he was intrigued by my presentation but needed to learn more English to fully understand it. I understood him perfectly.
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*No. Not really. Not even close. His presentation was thoughtful, eloquent, and well-reasoned.
**Writes an awful lot about American hegemony. In other words, how we're trying to take over the world.
***Not really. The Anglo-American common law exists in a minority of countries - mostly those vestiges of the British Empire. The civil law, which is based on codes rather than judicial opinions, exists in most countries. Because of U.S. dominance of the economic realm, however, many international business transactions are conducted using American law.
