Cultural Diversity Issues in the Law School

Tuesday 27 July, 20041:00pm-2:00pm

Room 0920, Level 9Melbourne Law School

AsianLawC E N T R E

• Profil mahasiswa internasional• Tradisi pendidikan di Asia Timur• Tradisi pemakaian nama dari Asia Timur• Peranan tradisi kebudayaan dalam

interaksi antar-guru/mahasiswa• Masalah pengertian biasa bagi mahasiswa

internasional NESB• Metode mendukung partisipasi di kelas

Cultural Diversity Issues

• International student profile• Educational traditions in East Asia• Cultural conventions for student-

teacher interaction• Common learning problems for NESB

international students• Effective NESB teaching techniques• Naming conventions

Cultural Diversity Issues

Profile of International Students

• University as a whole– 2003: International students- 21%– 2003:Australian FP: 14%– Target: 28% by 1997 (achievable?)

• Law School– 1993: international students - 5% of first year

students– 2003: 18% of students– 400% increase

• Dramatic increase: facilities have not kept pace

Law School 2004

• HECS: 266 (61%)• Australian Fee Paying: 66 (15%)• International: 75 (17%)• Scholarships: 31 (7%)

Total 2004 cohort: 438

Law School 2000-2004Law School 2000-2004

0

50

100

150

200

250

300

HECS Australian Fee-paying International Scholarships

Student Type

No.

of S

tude

nts 2000

2001

2002

2003

2004

0

20

40

60

80

100

120

Malaysia Singapore China Hong Kong Indonesia Taiwan Other

Enrolment Number

Enrolment Number

UGS: Main Source Countries Offshore 1998-2003

International Enrolments: UGS 2004

0

5

10

15

20

25

Malaysia China Singapore Other

Enrolment Number

Enrolment Number

Enrolments

Trinity Foundation

VCE

A-Levels

Taylors College

TC Malaysia

Interstate

Degree program

Other

International Pre-University Programs 1998-2004

Performance: Australian Fee Paying Averages

0 10 20 30 40 50 60 70 80

AF Average Grade

AF Cohort Size

AF Fail Marks

2003

2002

2001

2000

1999

1998

Performance: International Fee Paying Averages

0 20 40 60 80

OF AverageGrade

OF Cohort Size

OF Fail Marks

2003

2002

2001

2000

1999

1998

Law Results: 2002

• Bad year: ‘spiked’• 4 to 8 times more likely to fail than AFP or

HECS students - esp. HPL and TPL• H1 result impossible for a fee-paying

international student in compulsory subjects• Highest result H2• 60% received P or H3• 5% of international students withdrew

(‘effective fail’) vs 1.6% AFP students

Failures: 2002

• Fails and withdrawals combined• TPL

– International students: 28%– Local students: 8.5%

• Contracts– International students: 21.7%– Local students: 5.3%

Why is this happening?

• Complex situation• IELTS and TOEFL• Range of reasons given

– Growth outstripping services– Seen as ‘nuisance’ or distraction– Revenue source rather than educational issue: Cash

cow?– Lack of priority given to issue– Lack of experience and training in dealing with

international students– Perception of threat to standards

• Possible decline in numbers due to dissatisfaction?

Educational Traditions in East Asia

Asian Educational Traditions

• Much diversity, BUT:– Rote learning– Irrelevance of argument: simple yes or no

answers– ‘Sacred texts’– Teacher as God: authoritative status– Teacher cannot be questioned– Patron/client model: corruption?– Extreme pressure (China, Singapore) or absence

of pressure (Indonesia) in home country– Role of ideology (Malaysia, Singapore)

Cultural Conventions: Student/teacher interaction

China

• Dealing with Authority Figures– Face– Respect for seniority– Respect for education and educators– Depends on relationship– Often say ‘yes’ if they think it is what

you want to hear– Upward delegation

• Embarrassment Responses– Giggle– Do not want to ‘lose face’– May avoid question or remain silent if in

disagreement• Gifts

– Cultural tradition– Impolite not to give or receive

China

• Dealing with Authority Figures– Discomfort – visiting offices not common– Do not interrupt– Do not question– Always say ‘yes’

• Body Language– Little eye contact– Head bowed (lower)

• Muslim women meeting with male lecturers

Indonesia

• Embarrassment Responses– Laughter– Smiling– Non-responsiveness– Sullenness (anger)

• Gifts– Cultural tradition– Impolite not to give or receive– Issue of ‘scale’ (apple for teacher vs.

bribe)

Indonesia

Common Learning Problems for NESB students

Writing and Research

• Do not understand role of argument in learning: look for single ‘right answer’

• Difficulty distinguishing analysis from description• Difficulty distinguishing argument from data

gathered • Little experience or understanding of legal research• Used to ‘cutting and pasting’• Limited understanding of what constitutes

plagiarism• Panic: resort to plagiarism

Classes and Consultation

• Have difficulty with subtle nuances in meanings of words

• Complex lectures can be difficult: logic and language• Reluctant to approach staff: asking for help is failure

(uneven)• Embarrassment is a common response to difficulty• Confuse hard work with effective work• Feel isolated and experience culture shock• Many absent from family for first time• Financial burden exacerbated by low income or high

relative value of fees in home country• Most experience serious stress or illness in first year

Effective NESBTeaching Techniques

DO NOT:• Assume learning problems or cultural

differences = stupidity• ‘Dumb down’ content• Give out model answers (controversial)• Correct entire drafts• Forget cultural understanding is a two-

way process

DO:• Refer students to Faculty and University

Language and Learning Support• Speak slowly and clearly• Avoid putting students ‘on the spot’• Encourage small group work, where

appropriate• Avoid unnecessary technical terms• Explain necessary technical terms• Use practical examples for main points• Summarise your presentation regularly

DO:• Use Powerpoint and post on subject page • OR hand out lecture summaries, including

key terms: ‘safety blanket’• Offer additional ‘revision’ sessions (if

possible)• Distribute CLEAR, SIMPLE guidelines on

assessment expectations and plagiarism• Be available to students• Encourage consultations• Ask ‘personal’ questions: show an interest

in each student• Use names - consider name cards

China: Naming ConventionsTerms of Address

• Unlikely to be on first-name basis until relationship established

• Use family name plus the appropriate title

• Often addressed by their government or professional title eg. Mayor Li

• Mr Li – Li Xiansheng• Mrs Li – Li Taitai• Miss Li – Li Xiaojie• Mr / Mrs Li (teacher) – Li Laoshi• Professor Li – Li Jiaoshou

ChinaNaming Conventions

• Family name only has one syllable• Given name may have either one or two

syllables• Chinese family names are placed first,

followed by the given name eg. Deng Xiaoping (unless name has been Anglicised)

• Names chosen for their meaning, not sound• Difficult to differentiate men’s from

women’s names

Indonesia: Naming Conventions

Terms of Address• Honorifics often used• Bapak (Mr)• Ibu (Mrs / Ms)• Mas• M’bak (informal)• Kth (‘to’ the most respected)• Yang baik (‘dear’)

Indonesia

Naming Conventions• Total flexibility• Often only one name (repeated?)• Nicknames common• Religious names• Western names• Number names• Birth names• Use of honorifics

Asian Naming Conventions

One common problem is differentiating first name, surname, etc. You may wish to use the following formula in forms in which contact is made with people from an Asian background.

FULL NAME• Please place surname (if any) in capitals• Please underline the name by which you prefer to be called• If you prefer to be called by a nickname, please place that

in brackets ( ).• For example, Timothy (Tim) LINDSEY

Asian Law Online

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