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Monday, January 24, 2011

Be Objective!

I refer to “In defence of the realm” (Letters, The Sun, Dec 23) and also several other letters subsequent to the former mentioned. I believe many comments were heightened by racial issues than to facts. Local history book authors are to stand accountable to the contents of the books they wrote; the manner in which one thing is worded or phrased could change a person’s perspective and perception, and this is dangerous when introduced to beginner readers who are prone to accepting what they read without putting much thought to the contents in confidence that the textbooks represent accurate accounts of history.

Facts are to remain as facts and credits need to be given for all national heroes regardless of their origins. One major problem that arises is how school textbooks are written. Another problem annexed is that it is written in Malay language hence, I perceive, lack of scrutiny by foreign historians. As I have sufficiently stressed, the manner a fact is phrased is important. The author’s opinion should be stated to be an opinion than to weaving opinions into part of facts. Taking an excerpt from a Form 3 School History Textbook as example, “... tentera British sememangnya tidak berhasrat mempertahankan Tanah Melayu dengan bersungguh-sungguh kecuali Singapura” is one of opinion attached to factual statements in the whole original text. This immediately highlights the importance of references and footnotes. Unless there are original historical documentations that states this, it remains as a pure opinion of the author and possibly can be considered as a misleading statement. That whole statement should be omitted not just because it brings no factual significance but could possibly be misleading if that is only what the author personally feels is right. If one is to bring dead soldiers back to life, I doubt they will submit to that opinion that they have not fought courageously; they sacrificed their lives! It is also a known fact that the Malaysia has a dynamic economy at that point in time. In my opinion I doubt that the English would have chosen not fight to the bitter ends to safeguard this territory that could profitably flourish and that was obtained with great difficulties and much has been spent on its upkeep and maintenance; their interests are at stake.

It does not matter leaders of which race have fought for this country and those who did should proudly be credited; it is a collective victory over time. It has became an increasing absurdity that race is and has always been an issue whenever a problem arises. I salute the Australian government for openly declaring aboriginal sovereignty. The orang asli here in Malaysia are the first to inhabit the country; the rest are settlers from all other parts of the world! In fact, the history of Malaysia prior to the Portuguese appearance before Malacca in 1509 is for the most part lost in an obscurity pierced occasionally only by gleams of light from ancient monuments and local folk hearsays.

I would like to take the opportunity to comment on the racial classification in this country; is there a need for classification at all? –save only for certain special rights and privileges, food and festive celebrations, there is no apparent need for classification. Cross-racial marriages are increasingly popular and the fact that Malaysia is a home not only to the few main races but to uncountable number of racial assimilation and blood infusion with the locals; Javanese, Indians, Gujeratis, Tamils, Malays, Bugis, Sumatrans, Caucasians, Siamese, Chinese, Sikhs etc. What race are we? -Malaysians! To this type of problem there can be no single and all embracing solution but if the government insists in maintaining such classification of race, such problem will inevitably resurface repeatedly in years to come. Acknowledge facts, not distort it!

Saturday, January 15, 2011

Certificate of Legal Practice, CLP

I am fed up of racing through life without a direction (The Buried Life). The entire CLP course is not serving a purpose for all that I feel right now. Freedom in life is what I can never live without and this course is exactly in contrary to what fuels my life; the very ‘freedom’ that I have been seeking for. I desire a life that is free from dogma and no monotony; It is like going through a constant strive for impossibility. There are over five hundred students enrolled and each and every one are competing and striving to secure a place in the legal profession.

The entire education system and the course delivered defeat the notion of education. I hold strongly on the traditional sense that education must be concurrent with interest and this cannot be so when we are required to read and memorise for the sole sake of passing the exam. The Qualifying Board throws a whole chunk of procedures and rules to students. Time constraints and pressures just require plain memorising and they expect lawyers with good quality? Human memory doesn’t work in a way that we are familiar with the procedures without even having gone through them before our eyes. Just as an example, when people are exposed to some material and then later given a task which is unrelated to what is being exposed to; if a person were to see a picture of an apple or the word ‘apple’, those who saw the picture would be better able to name the fragmented picture of an apple than would those who saw only the word. This is akin to the court procedures that students are being exposed to; they will be lost when faced with real life situation. We memorise, not learn. Have they not realised that we are scholars and not storage devices? -Buy an external hard disk!

They say we learn the procedures and eventually we will know ‘how’ to manoeuvre around the legal system. I say we are merely declaring that we know the procedures. Indeed it will be of much ease and familiarity when we are actually handling the real situation but I see not the fact that memorising will be a better way than to learn it just because we are interested to know. It is simple. I ‘know that’ I am supposed to file a summons in chambers but that does not necessarily mean that I ‘know how’ to do it; there is no comprehension! The procedures will be stored in our short term memory because we memorise while if we are given the opportunity to learn because we enjoy learning, it will be undoubtedly remembered; what I call long term storage. And I cannot understand why CLP students are so proud of themselves- is it because they feel like a lawyer already or that they feel they are smarter than others; I doubt so, really! Independent researchers are but not information storage robotic law graduates. It is in no way a display of intelligence but merely a declaration of good mental capacity.

We have a limited number of 24 hours a day. About a quarter of more is spent on sleeping. Few are on travelling purposes and also for therapeutic break times. How much is left? And the need to rush intensely to force and compress in facts and manmade rules kill my drive. Most of us do not even know the purposes of the materials we are trying to remember. Where is the pleasure of learning? People are paying to memorise while it used to be a situation where stipends are paid to people who so desires to carry out researches.

This is when I am often being told that I should not take up CLP when I do not enjoy it; that the course has been proven effective with success for as long as they can remember; and that I can leave if I am unable to handle the pressure- indirectly they are trying to imply that I am a useless rebellious student; treason when someone is acting against a ruling dictator. Memorise memorise memorise rush rush rush; what good does it do? I am another freak who would go through sleepless nights staying up reading Britannica and dictionaries page by page, word by word. I mind not the amount and volume but memorising? NO WAY!