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<h2>Powell on Media Debate and Private Discourse on Language Policy in Malaysian Law</h2><font size="2"><small><font color="#777777">By legalinformatics</font></small> </font>
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<p><a href="http://www.eco.nihon-u.ac.jp/english/faculty/pqrs.html"><b>Professor Richard Powell</b> of the Nihon University College of Economics</a> presented a paper entitled <b>Media Debate and Private Discourse on Language Policy in Malaysian Law</b>, at <a href="http://www.ica2010.sg/">ICA 2010: The International Communication Association Annual Conference</a>, held 22-26 June 2010 in Singapore. Here is the abstract:</p>
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<p>Public and private debate on language policy within Malaysian education has been vigorous ever since postcolonial administrators started attempting to strike a balance among the former official medium (English), the national language (Malay), and several languages used by larger ethnic communities (Mandarin, Tamil, Iban and others). Malaysian discourses have drawn attention from other countries addressing tensions between nationism and nationalism, and modification of policies put into place as recently as 2002 ensure that discussion remains robust and complex. In contrast, language policy in Malaysian law has attracted less attention, yet it should also be of wide interest, particularly in multilingual postcolonial societies seeking to make the legal system more transparent and accessible without undermining judicial impartiality or professional integrity.</p>
<p>Since the 1980s, Malay has officially been the medium of the Malaysian courts. However, English has retained a crucial role through legislative acknowledgement of its continued importance to ‘the interests of justice’. The present-day result is a bilingual legal system. While other Malaysian languages (such as Chinese and Tamil), like foreign languages, may be used only through translation, both Malay and English may be used in oral and written discourse. In general, Malay predominates in lower court and criminal cases and is required (except in extenuating circumstances) for all documents submitted to the court. English is more common in higher court and civil cases and in private and commercial law, where advocates frequently rely on English versions of documents and case-law authorities that are available only in that language. Professional training involves both languages and it is virtually impossible for anyone to qualify as a lawyer today without reasonable bilingual competence.</p>
<p>Media debate concerning the language of the law was most vigorous in the 1980s when the shift from English toward Malay was first implemented, but it continues to crop up in the print and electronic media. Typically this takes the form of a flurry of discussion about perceived inadequate Malay/English skills among older/younger lawyers, and in many ways this parallels discourse about the respective value of the two languages in Malaysian education. Sometimes there is deeper and more abstract discussion about the role and future of the current bilingualism in the legal domain. Is it a transitional phase until the national language attains ascendancy throughout the domain? Or is it a long-term pragmatic compromise enabling simpler cases to be heard in the language known best by the majority of the population while more complex cases are argued in the medium in which most of the common law has evolved over the centuries?</p>
<p>This paper offers a diachronic analysis of media, and to a lesser extent, academic, debate on law and language in Malaysia from the 1980s to the present day as discursive context to a set of interviews undertaken with 30 legal practitioners and educators that included questions about their choice of medium for specific professional tasks and their attitudes towards the rules on language imposed by the courts. As in the ongoing debate on the medium of instruction in education, the findings indicate a complex and nuanced range of opinions that defies simplistic associations between language preference and ethnic or socioeconomic background. While no new methodology is proposed that might authoritatively demonstrate causal links between social attitude and professional practice, it is strongly argued that neither a macrosociolinguistic nor a microsociolinguistic explanation alone is adequate for the multifunctional motivations that lie behind specific language choices: some attempt must be made to relate the one level of explanation to the other.</p>
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<p>For the full text of the paper, please contact the author.</p>
<p>Thanks to Professor Powell for providing the abstract.</p>
<p><a href="http://legalinformatics.wordpress.com/2010/07/05/powell-on-media-debate-and-private-discourse-on-language-policy-in-malaysian-law/">http://legalinformatics.wordpress.com/2010/07/05/powell-on-media-debate-and-private-discourse-on-language-policy-in-malaysian-law/</a></p>
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