In search of Chinese jurisprudence : does Chinese legal tradition have a place in China's future?

Questions the extent to which Westerrn commercial laws adopted by China, particularly in its Company Laws of 1993 and 1995, are comptaible with China's different cultural and legal traditions. Suggests that Western concepts of the rule of law and of corporate governance are alient to China. Outlines the development of the Western legal tradition. based on Judaeo-Christian beliefs and legal rationalism. Compares this with the deveopment of the Chinese legal tradtion, based on Confucianism and legalism. Proposes ways in which the two traditions could be reconciled more effectively.

Conceptualising a Chinese corporate governance framework : tensions between tradition, ideologies and modernity

Reflects on the challenges facing China's efforts to reform its corporate governance framework, and the extent to which the modernisation can be reconciled with the country's cultural traditions. Examines the development of China's legal and economic reforms since 1978, the debate which these have generated ad the shortcomings of the current corporate governance regime. Discusses how Confucian principles might be applied to issues of director's duties and corporate governance, and explains the benefits of such an approach.

Corporate governance for Hong Kong : conceptualizing an 'Asianized' framework

Hong Kong is a thriving cosmopolitan business capital in Asia where much of its values are shaped by both pragmatism and its Chinese heritage. Against this backdrop, Hong Kong's corporate law and governance principles are mostly British, much of which remains quite alien to the local business community. Like may other countries, Hong Kong is obligated by international markets to embrace these requirements. Yet many business operators lack even the understanding of basic company law and governance expectations, partly because the provisions are incompatible with their values and corporate cultures. The paper will argue that Confucian philosophies should be the basis for developing a corporate governance framework for Hong Kong, given that Confucius; doctrines are already entrenched in the island's traditions and identity.

Defibrillator

Defibrillator is a 16’41” musical work for solo performer, laptop computer and electric guitar. The electric guitar is processed in real-time by digital signal processing network in software, with gestural control provided by a foot-operated pedal board. --------- The work is informed by a range of ideas from the genres of electroacoustic music, western art music, popular music and cinematic sound. It seeks to fluidly cross and hybridise musical practices from these diverse sonic traditions and to develop a compositional language that draws upon multiple genres, but at the same time resists the ability to be located within a singular genre. Musical structures and sonic markers which form genre are ruptured at strategic levels of the musical structure in order to allow for a cross flow of concepts between genres. The process of rupture is facilitated by the practical implementation of music and sound reception theories into the compositional process. -------- The piece exhibits the by-products of a composer born into a media saturated environment, drawing on a range of musical and sonic traditions, actively seeking to explore the liminal space in between these traditions. The project stems from the author's research interests in locating points of connection between traditions of experimentation in diverse musical and sonic traditions arising from the broad uptake of media technologies in the early 20th century.

Murri Courts : Indigenous Magistrate Courts : communicating for better outcomes

In setting the scene for this paper, it is useful to briefly outline the history of the Queensland legal system. Our legal system was largely inherited from Britain, so it is, therefore, based in European-Western cultural and legal traditions. Alongside this, and over many thousands of years, Australian Indigenous communities devised their own socio-cultural-legal structures. As a result, when Indigenous people are drawn into interactions with our English-based law and court system, which is very different from Aboriginal law, they face particular disadvantages. Problems may include structural and linguistic differences, the complex language of the law and court processes, cultural differences, gender issues, problems of age, communication differences, the formalities of the courtroom, communication protocols used by judges, barristers, and court administrators, and particularly, the questioning techniques used by police and lawyers.

Traveller’s Tales : The Expatriate English Language Teacher in the New Global Culture

Most of the research into ELT has focused on its linguistic and methodological aspects, which are based on Western scientific traditions. The contributions and experiences of English language teachers themselves, especially their work in overseas contexts, have frequently been overlooked. This volume aims to document the complexity of ELT as ‘work’ in new global economic and cultural conditions, and to explore how this complexity is realised in the everyday experiences of ELT teachers. The development of ELT from the colonial experience to its current status as a global commodity is explored; ELT is then situated in the discourses of globalisation, specifically within Appadurai’s theorisation of global flows of people, images, ideas, technology and money, or scapes. Within this framework, narratives are constructed from the experiences of Native-speaking English teachers. These reveal much about the personal, pedagogical and cultural dimensions of ELT work in non-Centre countries, and will contribute to a greater understanding of the intercultural dimensions of ELT for all those who work in it, and in related educational fields.

A connective model for the practice-led research exegesis : an analysis of content and structure

Since the formal recognition of practice-led research in the 1990s, many higher research degree candidates in art, design and media have submitted creative works along with an accompanying written document or ‘exegesis’ for examination. Various models for the exegesis have been proposed in university guidelines and academic texts during the past decade, and students and supervisors have experimented with its contents and structure. With a substantial number of exegeses submitted and archived, it has now become possible to move beyond proposition to empirical analysis. In this article we present the findings of a content analysis of a large, local sample of submitted exegeses. We identify the emergence of a persistent pattern in the types of content included as well as overall structure. Besides an introduction and conclusion, this pattern includes three main parts, which can be summarized as situating concepts (conceptual definitions and theories); precedents of practice (traditions and exemplars in the field); and researcher’s creative practice (the creative process, the artifacts produced and their value as research). We argue that this model combines earlier approaches to the exegesis, which oscillated between academic objectivity, by providing a contextual framework for the practice, and personal reflexivity, by providing commentary on the creative practice. But this model is more than simply a hybrid: it provides a dual orientation, which allows the researcher to both situate their creative practice within a trajectory of research and do justice to its personally invested poetics. By performing the important function of connecting the practice and creative work to a wider emergent field, the model helps to support claims for a research contribution to the field. We call it a connective model of exegesis.

The candidate : a novella and examination of Australian Gothic crime fiction

Australia is a land without haunted castles or subterranean corridors, without ancient graveyards or decaying monasteries, a land whose climate is rarely gloomy. Yet, the literary landscape is splattered with shades of the Gothic genre. This Gothic heritage is especially evident within elements of nineteenth century Australian sensation fiction. Australian crime fiction in the twentieth century, in keeping with this lineage, repeatedly employs elements of the Gothic, adapting and appropriating these conventions for literary effect. I believe that a ‘mélange’ of historical Gothic crime traditions could produce an exciting new mode of Gothic crime writing in the Australian context. As such, I have written a contemporary literary experiment in a Gothic crime ‘hybrid’ style: this novella forms my creative practice. The accompanying exegesis is a critical study of a selection of Australian literary works that exhibit the characteristics of both Gothic and crime genres. Through an analysis of these creative works, this study argues that the interlacing of Gothic traditions with crime writing conventions has been a noteworthy practice in Australian fiction during both the nineteenth and twentieth centuries and these literary tropes are interwoven in the writing of ‘The Candidate’, a Gothic crime novella.

Equity and research design

This chapter recognizes that research is a cultural invention and explains why. It discusses what equity, research and research design mean, and suggests that the concept of equity is enriched considerably when ideas from Indigenous, critical and politically committed research traditions are involved in research design. When research design and the processes of research are guided by principles of equity, several issues warrant investigation. These include power relations, deficit models of research, homogeneity and reflexivity. Research design that is informed by principles of equity is explicit in its political purpose of seeking socially just outcomes for the short and long term.

Understanding the optimal learning environment in palliative care

The learning experiences of student nurses undertaking clinical placement are reported widely, however little is known about the learning experiences of health professionals undertaking continuing professional development (CPD) in a clinical setting, especially in palliative care. The aim of this study, which was conducted as part of the national evaluation of a professional development program involving clinical attachments with palliative care services (The Program of Experience in the Palliative Approach [PEPA]), was to explore factors influencing the learning experiences of participants over time. Thirteen semi-structured, one-to-one telephone interviews were conducted with five participants throughout their PEPA experience. The analysis was informed by the traditions of adult, social and psychological learning theories and relevant literature. The participants' learning was enhanced by engaging interactively with host site staff and patients, and by the validation of their personal and professional life experiences together with the reciprocation of their knowledge with host site staff. Self-directed learning strategies maximised the participants' learning outcomes. Inclusion in team activities aided the participants to feel accepted within the host site. Personal interactions with host site staff and patients shaped this social/cultural environment of the host site. Optimal learning was promoted when participants were actively engaged, felt accepted and supported by, and experienced positive interpersonal interactions with, the host site staff.

The utilisation of skilled immigrants and skilled Refugees in countries of destination

about 82 million immigrants in the OECD area; and worldwide, there are about 191 million immigrants and displaced persons, and some 30-40 million unauthorised immigrants. Also according to recent OECD report, little in-depth research has been carried out to-date to help decision makers in government, business, and society at large, to better understand the complexities and wider consequences of future migration flows. Literatures have also indicated that the lack of a skilled population in muchneeded occupations in countries of destination have contributed to the need to bring in skilled foreign workers. Furthermore, despite current global financial crisis, some areas of occupation are in need of skilled workers such that in a job-scarce environment jobs become fewer and employers are more likely to demand skilled workers from both natives and immigrants. Global competition for labour is expected to intensify, especially for top talent, highly qualified and semi-skilled individuals. This exacerbate the problems faced by current skilled immigrants and skilled refugees, particularly those from non-main English speaking countries who are not employed at optimal skill level in countries of destination. The research study investigates whether skilled immigrants are being effectively utilised in their countries of destination, in the context of employment. In addition to skilled immigrants, data sampling will also include skilled refugees who, although arriving under the humanitarian program, possess formal qualifications from their country of origin. Underlying variables will be explored such as the strength of social capital or interpersonal ties; and human capital in terms of educational attainment and proficiency in the English Language. The aim of the study is to explain the relationship between the variables; and whether the variables influence the employment outcomes. A broad-ranging preliminary literature review has been undertaken to explore the substantial bodies of knowledge on skilled immigrants worldwide, including skilled refugees; and to investigate whether the utilisation issues are universal or specific to a country. In addition, preliminary empirical research and analysis has been undertaken, to set the research focus and to identify the problems beyond literature. Preliminary findings have indicated that immigrants and refugees from non-main English speaking countries are particularly impacted by employment issues regardless of their skills and qualifications acquired in their country of origins; compared with immigrants from main-English speaking countries. Preliminary findings from the literature review also indicate that gaps in knowledge still exist. Although the past two decades have witnessed a virtual explosion of theory and research on international migration, no in-depth research has been located that specifically links immigrants and refugees social and human capitals in terms of employment outcomes. This research study aims to fill these gaps in research; and subsequently contribute to contemporary body of knowledge in literatures on the utilisation of skilled immigrants and skilled refugees, specifically those from non-main English speaking countries. A mixed methods design will be used, which incorporates techniques from both quantitative and qualitative research traditions that will be triangulated at the end of the data collection stage.

Multicultural education, global studies and studies of Asia

Like other nations, Australia has experienced significant change in the past few decades as its society has become increasingly diverse. The new cultures and traditions that result from ethnic and religious diversity have both enriched Australian society and presented it with some challenges. Other challenges have resulted from increased globalisation. For example, the economic fallout from the recent global financial crisis indicates that global issues can impact across a range of levels, from multinational corporations and nation-states to local sites and individual livelihoods. Some suggest that Australia fared better than other nations during this economic crisis because of its export trade with China. Although this is disputed by economists, it highlights another facet of change that is impacting on Australian society and this relates to Australia’s growing engagement with the nations of Asia. There is increasing awareness in education systems that if young people are to achieve their potential as future citizens they need to be able to negotiate the cultural, social, political and economic ties that connect them to the global and regional community through work, leisure and citizenship. Multicultural education, global studies and studies of Asia play a particular part in helping young people to: • appreciate cultural diversity within and beyond their own nation • imagine with some accuracy how others view their world • participate in shaping a better future. This chapter explores the origins, distinctions and common features of each approach.

Comparative communication research : Australian and New Zealand communication research in an international context

This paper raises the question of whether comparative national models of communications research can be developed, along the lines of Hallin and Mancini’s (2004) analysis of comparative media policy, or the work of Perraton and Clift (2004) on comparative national capitalisms. Taking consideration of communications research in Australia and New Zealand as its starting point, the paper will consider what are relevant variables in shaping an “intellectual milieu” for communications research in these countries, as compared to those of Europe, North America and Asia. Some possibly relevant variables include: • Type of media system (e.g. how significant is public service media?); • Political culture (e.g. are there significant left-of-centre political parties?); • Dominant intellectual traditions; • Level and types of research funding; • Overall structure of higher education system, and where communications sits within it. In considering whether such an exercise can or should be undertaken, we can also evaluate, as Hallin and Mancini do, the significance of potentially homogenizing forces. These would include globalization, new media technologies, and the rise of a global “audit culture”. The paper will raise these issues as questions that emerge as we consider, as Curran and Park (2000) and Thussu (2009) have proposed, what a “de-Westernized” media and communications research paradigm may look like.

Alternative systems for Intellectual Property in the digital age

This paper investigates the current turbulent state of copyright in the digital age, and explores the viability of alternative compensation systems that aim to achieve the same goals with fewer negative consequences for consumers and artists. To sustain existing business models associated with creative content, increased recourse to DRM (Digital Rights Management) technologies, designed to restrict access to and usage of digital content, is well underway. Considerable technical challenges associated with DRM systems necessitate increasingly aggressive recourse to the law. A number of controversial aspects of copyright enforcement are discussed and contrasted with those inherent in levy based compensation systems. Lateral exploration of the copyright dilemma may help prevent some undesirable societal impacts, but with powerful coalitions of creative, consumer electronics and information technology industries having enormous vested interest in current models, alternative schemes are frequently treated dismissively. This paper focuses on consideration of alternative models that better suit the digital era whilst achieving a more even balance in the copyright bargain.

Ways of telling : research methodology for fashion textiles design

Research methodology in the discipline of Art & Design has been a topic for much debate in the academic community. The result of such avid and ongoing discussion appears to be a disciplinary obsession with research methodologies and a culture of adopting and adapting existing methodologies from more established disciplines. This has eventuated as a means of coping with academic criticism and as an attempt to elevate Art & Design to a ‘real academic status’. Whilst this adoption has had some effect in tempering the opinion of Art & Design research from more ‘serious’ academics the practice may be concealing a deeper problem for this discipline. Namely, that knowledge transfer within creative practice, particularly in fashion textiles design practice, is largely tacit in nature and not best suited to dissemination through traditional means of academic writing and publication. ----- ----- There is an opportunity to shift the academic debate away from appropriate (or inappropriate) use of methodologies and theories to demonstrate the existence (or absence) of rigor in creative practice research. In particular, the changing paradigms for the definitions of research to support new models for research quality assessment (such as the RAE in the United Kingdom and ERA in Australia) require a re-examination of the traditions of academic writing and publication in relation to this form of research. It is now appropriate to test the limits of tacit knowledge. It has been almost half a century since Michael Polanyi wrote “we know more than we can tell” (Polanyi, 1967 p.4) at a time when the only means of ‘telling’ was through academic writing and publishing in hardcopy format. ----- ----- This paper examines the academic debate surrounding research methodologies for fashion textiles design through auto-ethnographic case study and object analysis. The author argues that, while this debate is interesting, the focus should be to ask: are there more effective ways for creative practitioner researchers to disseminate their research? The aim of this research is to examine the possibilities of developing different, more effective methods of ‘telling’ to support the transfer of tacit knowledge inherent in the discipline of Fashion Textiles Design.