УДК 378.9
K. V. Balabukha
ISSUES OF INTERCULTURAL
COMMUNICATION
IN MODERN LEGAL
TRAINING
The article
discloses some approaches to studying such notions as “intercultural
communication” and “intercultural competency” offered by Western and European
scholars. The author analyzes methods of intercultural competency development
implemented by foreign researchers, and describes possible ways of their
application in forming such competency of law students in terms of the course
of lectures and seminars “Modern culture of business communication”.
Keywords: intercultural competency,
intercultural communication, culture, intercultural sensitivity.
Growth of interdependence of people
and cultures in the global society of the twenty-first century has forced us to
pay greater attention to intercultural issues. Development of modern
technologies, mass media, transportation, etc. affected the world economy and
the business world which are becoming more international and interrelated.
Today’s age of globalization lays down new higher requirements for
qualification of future professionals, especially in the sphere of law. Modern
legal professionals are increasingly expected to take part in transnational negotiations,
provide legal support in international transaction and interact with colleagues
from other countries.
Analysis made by a number of
researchers showed that currently potential employers especially those who
operate in the global market, pay attention not only to recruits’ language
skills but to intercultural competency in professional sphere. Since
intercultural competence is a combination of languacultural, sociocultural and
discourse components, it contributes to successful cross-cultural adaptation
and culture shock overcoming [1].
The objective of the article is the
analysis of Western and European researchers’ approaches to the actual problem
of intercultural communication, intercultural competency and its development.
Initially we shall clarify such
interrelated terms as “intercultural communication”, “cross-cultural communication”
and “interdiscourse communication”. Ron and Suzanne Scollon made the following
distinction in studying of these phenomena: “Studies in “cross-cultural
communication” start from an assumption of distinct cultural groups and
investigate aspects of their communicative practices comparatively. Studies in “intercultural
communication” also start from an assumption of cultural differences
between distinct cultural groups but study their communicative practices in
interaction with each other. Finally, the “interdiscourse approach” sets
aside any a priori notions of group membership and identity and asks instead
how and under what circumstances concepts such as culture are produced by
participants as relevant categories for interpersonal ideological negotiation”
[9].
From those mentioned above we shall
use the term “intercultural communication” as it correlates with the essence of
our research. Before proceeding we consider
it logical to define “culture” as it lies in the basis of this term. For our
purposes we understand “culture”, following L.A. Samovar, and R.E. Porter, as
the deposit of knowledge, experience, beliefs, values, attitudes, meanings, social
hierarchies, religion, notions of time, roles, spatial relationships, concepts
of the universe, and material objects and possessions acquired by a group of
people in the course of generations through individual and group striving [8].
The ability to
step beyond one’s own culture and function with other individuals from
linguistically and culturally diverse backgrounds can be provided by
intercultural competence. In its broadest sense, intercultural competence can
be defined, following A.E. Fantini, as “a complex of abilities needed to
perform effectively and appropriately when interacting with others who
are linguistically and culturally different from oneself”. Throughout the
literature, researchers and theoreticians use a range of more or
less related terms to discuss and describe intercultural competence, including
intercultural communicative competence, transcultural communication,
cross-cultural adaptation, and intercultural sensitivity, among others
[2]. The acquisition of such competencies may be important not only for
individual enrichment and communicative proficiency but also for providing
future professionals and leaders with the capabilities necessary for promoting
successful collaboration across cultures.
According to
J.W. Neuliep from the perspective
of the contextual approach, intercultural competence consists of four
dimensions: knowledge component (how much one knows about the culture of
others), affective (one’s motivation to interact with others from different
cultures), psychomotor (the actual enactment of the knowledge and affective components),
and including a fourth contextual component (situational features in which
intercultural communication takes place) [5].
From the perspective of behavioral
approach to the conceptualization and measurement of intercultural competence,
B.D. Ruben identified seven dimensions of intercultural competence: 1. display
of respect which describes an individual’s ability to “express respect
and positive regard” for other individuals; 2. interaction posture that
refers to an individual’s ability to
“respond to others in a descriptive, nonevaluative, and nonjudgmental way”; 3.
orientation to knowledge that describes an individual’s ability to
recognize and acknowledge that people explain the world around them in
different ways with differing views of what is “right” and “true”; 4. empathy
that is an individual’s ability to “put oneself in another’s shoes”; 5.
self-oriented role behavior that expresses an individual’s ability to
“be flexible and to function in requesting information, clarification and
evaluating ideas for problem solving; 6. interaction management is an
individual’s ability to take turns in discussion and initiate and terminate
interaction based on a reasonably accurate assessment of the needs and desires
of others; 7. tolerance for ambiguity
describes an individual’s ability to “react to new and ambiguous situations
with little visible discomfort” [7, 339-341].
Developing European multidimensional
model of intercultural competence based on the experiences in the European
context, K. Risager proposed an expanded conceptualization of intercultural
competence. The researcher argued that a model for intercultural competence
must include the broad resources an individual possesses as well as the narrow
competences that can be assessed. It is noteworthy that the 10 elements
outlined are largely manifested in linguistic developments and proficiencies:
1. linguistic (languastructural) competence; 2. languacultural competences and
resources: semantics and pragmatics; 3. languacultural competences and
resources: poetics; 4. languacultural competences and resources: linguistic identity;
5. translation and interpretation; 6. interpreting texts (discourses); 7. use
of ethnographic methods; 8. transnational cooperation; 9. knowledge of language
as critical language awareness, also as a world citizen; 10. knowledge of
culture and society and critical cultural awareness, also as a world citizen
[7].
As far as there is no generally accepted model
of intercultural competency, in the course of our research intercultural
competence can be generally regarded as the knowledge, skills that
enable individuals to adapt effectively in cross-cultural environments. Hence, intercultural
competence is becoming an essential part of qualifications for legal
professionals able to operate in international environment. We consider the
following components to be essential for intercultural competence of
international lawyers: 1. country’s basic information awareness and understanding
of non-native culture (foreign countries’ background, that is, history, legal
system, religion, national characteristics, etc.); 2. awareness of communication
issues (language, nonverbals of particular culture: body language, gestures,
etc.); 3. acknowledging and understanding of cultural differences concerning
business relationships (meetings, negotiating, business etiquette and protocols,
etc.)
For the purpose of language teaching
intercultural competence development is considered to be an integral part of
language learning and can be implemented by involving of cross-cultural
information into classroom activities [10].
The analysis of Western and European
practice of intercultural competency development shows wide application of
independent intercultural training courses. They provide the students not only
with information but also develop skills, and encourage them to progress along
the cultural learning curve.
Having
studied the methods offered by R. Gibson (briefings, using culture models,
culture assimilator training, interaction training) [4] we made an attempt to
adopt them to the objectives and conditions of modern legal training. Their application was implemented within the course of
lectures and seminars on “Contemporary business culture” for the first year
students. Let us consider them.
1. Briefings – they
concentrate on the transfer of information about cultures—people from the
target culture, or who have experience of it, are often invited to give a lecture
or workshop. Training remains on the cognitive level. This method resulted in
developing of a lecture course covering the cultural traditions and business communication style of
six foreign countries. Each lecture comprises such points as country
background, values and attitudes, business practice, etiquette and protocol
characteristic of each particular country.
2. Using culture models like those
developed by E.T. Hall, G. Hofstede and
F. Trompenaars can be used as a basis for training. Participants are
encouraged to use the models as tools in order to help them understand intercultural
encounters. In our course of lectures
we used some dimensions, developed by these researchers, which are the basis
for distinctions between world business cultures. They are: 1. individualism
versus collectivism - societies that value individualism, such as the U.S., encourage independent thinking and
personal success, while collectivist cultures, such as Japan and various Arabic
societies, encourage group success and conformity; 2. power - distance -
this dimension relates to how individuals view power and perceive their role in
decision-making. In a low power-distance culture, like the U.S., individual
employees will feel more empowered, accept more responsibility and want a role
in decision-making, whereas in a high power-distance culture, like Russia,
Japan employees look up to an authoritarian boss, seek direction and
discipline, and accept the boss’s decisions; 3. uncertainty-avoidance -
this dimension relates to the ability to take chances versus the quest for
certainty. For example, the Swiss, Germans and Japanese are
high-uncertainty-avoidance cultures and prefer security and structure. On the
other hand, those in the U.S., in low-uncertainty-avoidance culture, are much
more open to taking risks and living with uncertainty. This even affects
meetings, because the Japanese will carefully prepare and even rehearse
meetings, while U.S. managers are more responsive to questions and changes in
the agenda; 4. masculinity versus femininity - the distinction here is
between societies that value masculine traits, such as aggressiveness, assertiveness
and material acquisition, versus those that have more feminine traits, such as
a concern with personal relationships. For instance, U.S. culture is
high in masculine traits but French and Chinese cultures are higher in feminine
traits [11].
Other cultural distinctions
developed by E.T. Hall include how individuals relate to context. In high-context cultures,
such as Japan and Saudi Arabia, context is at least as important as what is
actually said. The speaker and the listener rely on a common understanding of
the context and what is not being said can carry more meaning than what is
said. In low-context cultures most
of the information is contained explicitly in the words. North American
cultures engage in low-context communications. Unless one is aware of this
basic difference, messages and intentions can easily be misunderstood [3].
3.
Culture assimilator training. Sets of critical incidents are used to encourage
participants to interpret situations from the perspective of the target
culture. According to this method our course
presents extensive number of true to life incidents of intercultural
misunderstanding. For example, “Sales representatives from Germany and Britain
are in a difficult negotiation. Things are getting tense. Franz Bauer sits
upright and is disturbed as Jim Banks relaxes in his chair. Franz Bauer feels
that Jim is not taking the negotiation seriously. Jim feels that Herr Bauer is
getting more and more aggressive.” (Comments: the German’s upright position indicates
the seriousness with which he is taking the situation, while Jim’s posture in
the chair indicates his wish to defuse the situation. The two people
misinterpret each other’s behaviour, and so the situation escalates. In some
cultures travellers should be careful to avoid exposing certain parts of their
body. In some Arab cultures, for example, the sole of the foot is considered
dirty, and should never be shown, so anyone who adopts the local custom of
sitting on the floor, for instance, has to take care to avoid doing this).
4.
Interaction training. Case studies and role plays are used to simulate
interaction with people from the target culture. Following this approach the seminars programme on “Contemporary
business culture” offers illustrative cases of cultural miscommunication. For
example, “A U.S. airplane manufacturer and a Japanese airline company were
negotiating the price of some airplanes. The American negotiating team
suggested a price. In response, the Japanese were quiet. The American team then
lowered the price. The Japanese team were quiet again. The American team
lowered the price again. The Japanese team continued to keep silent. In the
end, the Japanese team came away from the negotiation with a price lower than
they ever expected. The Americans were disappointed because they sold the
planes at a very low price.”
Another part of “case study” approach was implemented
with a group of role plays. For example, “The two companies (the American and the Japanese ones) after a kind of
cultural miscommunication are still interested in the proposed deal. They want
to understand the differences between the negotiation processes in the two
countries, so they may be more successful in their next round of negotiations.
As a class you are to investigate the differences of these cultures and then
develop a plan for the next encounter.”
The methods of intercultural training illustrated
above were designed for breaking down barriers and facilitating intercultural
interactions and cultural awareness. They encourage law students to explore
cultural values and differences, leading to deeper levels of understanding. The
knowledge and skills obtained by law students in the course of lectures and
seminars on “Contemporary business culture” is supposed to reduce the risk of
the conflicts provoked by cultural diversity of counterparts, intercultural
miscommunication or business blunders on international arena.
THE LIST OF SOURCES
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общения / Л.Н. Соколова // Известия Южного федерального университета. Педагогические
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Exploring and assessing intercultural competence. [Electronic resource] /
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/ E.T. Hall. - New York: Anchor Books, 1997. – 326 p.
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Gibson R. Intercultural business communication. / R.
Gibson. – Oxford: Oxford University Press.
– 2010. – 236 p.
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Подано до редакції 08.10.12
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