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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?
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