Alexander Pui 3025589 15/1/07

The Elusive, but not Impossible, task of Developing Cultural Literacy

Introduction

Many of the papers set out in the readings attempt to address the conceptual difficulty

inherent in defining cultural literacy. A number of them explore the term from political

and socio-economical aspects while others focus more on fundamental Asian „values‟.

Some even argue that investigating certain aspects will prove more useful for purposes of

engaging with Asian Law than others. This reflective note will attempt to examine the

views put forth by proponents of cultural literacy and how to best develop cultural

sensitivities. I will also share my own experience as an ethnic Chinese Malaysian while

discussing the importance of appreciating the cultural factors at play within the Asian

legal realm.

A Culture of Obedience

Before even trying to define and understand „Asian culture‟, I believe it is helpful to

orientate any aspiring Asian literate lawyer by emphasizing the fact that culture is

ingrained within individuals at a young age, and permeates through society via education

- something the articles in the readings do not address. It may appear self-explanatory and

therefore trivial at first glance, but without first understanding how „culture‟ in its

elemental form – i.e. culture as a mindset or a mentality - is cultivated within individuals,

we may encounter difficulty when grappling with variations of the basic notion of culture

in a complex society which run through political, legal and economic spheres.

Broadly speaking, the fundamental platform in which many Asian cultural practices are

based upon is the over arching Asian value of obedience. In most Asian families and

schools, children are taught to be filial, respectful of elders and above all, conform to

existing rules and customs in place by way of strict obedience. Critical thinking and

outspokenness are traditionally not encouraged and any child seen „debating‟ or engaging

in vocal disagreement with an elder will be considered rude and ultimately deemed

disrespectful. Although with the exposure to Western education and growing influence of

the American media, the emphasis on obedience may have been relaxed slightly to

tolerate some form of freedom of expression; it remains safe to conclude that Asian

values as a whole still stem from a culture of obedience.

Why Obedience?

The primary reason for cultivating this culture of obedience is driven by the need to

uphold an ancient Chinese1 tradition of the collective law of relationships and

„community togetherness‟ in favor of individual rights as illustrated in Ruskola‟s article2.

Fierce proponents of the Western style rule of law may argue that attributing less

importance to individual rights and freedoms is but a guise to uphold clan culture

whereby „families‟ are ruled with an iron fist. For added „administrative‟ convenience, its

members will also largely be inclined to stay in line because they are pre-conditioned to

1 Similarly, this occurs in numerous other Asian cultures: Vietnam, Thailand, India, Japan to name a few 2 Teemu Ruskola, “Conceptualizing Corporations and Kinship: Comparative Law and Development

Theory in a Chinese Perspective” (2000) 52 Stanford Law Review 1599

Alexander Pui 3025589 15/1/07

be obedient. While there certainly is some truth to this assertion, these proponents may

not fully appreciate the context and environment in which average Asians live in.

Applying feudal China as an example, most peasants were struggling for basic necessities

and survival – in order to provide some context by using direct translation - „placing food

on the table‟ at the end of the day was afforded greatest priority. It is only during the

rapid Asian economic boom of today and the onslaught of globalization that common

citizens are financially secure enough to begin to ponder further about individual rights.

Therefore, by understanding the basic underlying culture of obedience and law of

relationships, Asian enthusiasts abroad will be more readily able to understand, but need

not necessarily accept, existing laws and practices in place that may first appear to

contravene the very basis of rule of law and equality before the law.

The Sweatshop Example

The strong emphasis on obedience in broad Asian culture may also help to explain the

apparent cultural passivity of sweatshop workers toiling in ghastly work conditions.

Although I do not condone the practice of taking advantage of Asian immigrants, one

must appreciate the economic duress afflicting these people, enough to compel them into

working hard for measly wages as described in Volpp‟s article. In addition to economic

reasons which relate to supply and demand, the obedience of often poorly educated

migrant workforce results in a „sweatshop situation‟. Because most workers voluntarily

elect to work, it is in these circumstances that the term „labor abuse‟ appears misleading.

Unbeknownst to many, perhaps labor conditions in these migrants‟ home countries may

even be more appalling, thus making the sweatshop case symbolic of the need to be

culturally sensitive to others before arriving at a rash conclusion. Volpp‟s article provides

good insight into the victimization of workers and does well to caution against jumping to

preconceived cultural pathology arguments. However, I find the contention “If Asians

would just stop abusing their own, we’d be rid of sweatshops”3 problematic because it

takes two hands to clap. In this instance, greedy Western corporations act as the

„instigators‟ while their Asian „recruitment agents‟ function as accomplices. As such,

while Asians on occasion do abuse their own, they are not the sole culprits and thus

should not be made the only scapegoats.

Bridging Cross Cultural Barriers

Now that we understand that Asian values as a whole developed from obedience such

that social harmony can be maintained, it then explains why the Japanese and Chinese4

would prefer to turn to alternative dispute resolution in favour of litigation remedies

within the courts to avoid outright conflict and maintain goodwill or „guan xi‟ elements

which are crucial to future dealings. However, I believe that merely knowing about a

culture will not adequately equip the Asian literate lawyer in his/her endeavors within the

region. As Leon Wolff wisely observed and used an analogy from To Kill a Mockingbird,

„you have to stand in (their) shoes and walk around in them‟ to be able to further grasp

what Asian cultural literacy is about5. According to Leon, law is not just a language but

3 Leti Volpp, “Migrating Identities: On Labor, Culture, and Law” (2002) 27 North Carolina Journal of

International Law & Commercial Regulation 507 4 Vai Io Lo, “Resolution of Civil Disputes in China” (2001) 18 UCLA Pacific Basin Law Journal 117 5 Leon Wolff, “Approaching Foreign Legal Systems: Lessons from To Kill a Mockingbird” (2003)

Alexander Pui 3025589 15/1/07

reflects the values and ideals of society. To this end, Asian law is not entirely foreign to

our own legal system, whereby High Court judges often comment that „contemporary

notions of justice must be in line with current societal values‟. Similarly, Asian law

reflects Asian values, and because Asian values are rarely codified or entrenched in

statute, one would need to embrace its culture first hand and get familiar with bylaws and

other relevant material. Robin Jeffrey express similar sentiment when he points out that

Australia needs to invest more in knowledge about its Asian neighbors in order to

successfully engage with the region6.

Conclusion

There is no steadfast rule to developing cultural literacy. As an ethnic Chinese

Malaysian7, I have learnt to appreciate the cultural sensitivities of Malay Muslims (such

as not to eat in front of them during Ramadan „fasting‟ season) or serve my Indian friends

beef curry (because the cow is a sacred animal). These things can only be learnt through

time and interaction. Perhaps a good way to start will be to turn to basics, hence the

explanation of the value of obedience, and then building upon that foundation of

knowledge. Concluding, it is perhaps interesting to note that Rupert Murdoch, one of

Australia‟s most famous business icons, married to Wendy Deng, a Hong Kong national

as Newscorp pushes further into the Chinese market. My guess is that an Asian literate

lawyer consider that a strategic move rather than mere coincidence!

Word Count:

1237

6 Robin Jeffrey, “Need to Know Basis” (2003) 13(3) EUREKA 18 7 Malaysian demographics are made up of 65% Malay, 20% Chinese and roughly 10% Indian- the 3

substantial racial groups.