title: Decoding the puzzle: Chinese culture, familial transfers, and disputes in Western courts

authors: Liao, Zhixiong (Leo)

abstract: More and more Chinese live in Western countries nowadays and many disputes over transfers between Chinese family members are brought to Western courts. Generally, little documentary evidence on such transactions is available and the oral evidence is commonly divergent as to what was agreed and what happened. Western judges are faced with the puzzle whether the transfer was a gift, a loan, or an equity investment. This article elaborates on the relevant Chinese cultural dimensions and the recent developments. It discusses the cultural relevance in determining the nature of such transfers and investigates whether clearly established Chinese cultural norms could be admissible evidence aiding the interpretation, or even implied terms, of the transaction. It argues that Chinese culture should be seriously considered in assessing the credibility of Chinese witnesses. This article critiques the prevailing common law presumptions, and proposes an analytical model aiming to assist Western judges and lawyers to assess the cultural influence properly for better answers to the puzzles.

text: Decoding the puzzle: Chinese culture, familial transfers, and disputes in Western courts More and more Chinese live in Western countries nowadays and many disputes over transfers between Chinese family members are brought to Western courts. Generally, little documentary evidence on such transactions is available and the oral evidence is commonly divergent as to what was agreed and what happened. Western judges are faced with the puzzle whether the transfer was a gift, a loan, or an equity investment. This article elaborates on the relevant Chinese cultural dimensions and the recent developments. It discusses the cultural relevance in determining the nature of such transfers and investigates whether clearly established Chinese cultural norms could be admissible evidence aiding the interpretation, or even implied terms, of the transaction. It argues that Chinese culture should be seriously considered in assessing the credibility of Chinese witnesses. This article critiques the prevailing common law presumptions, and proposes an analytical model aiming to assist Western judges and lawyers to assess the cultural influence properly for better answers to the puzzles.

year: 2022

title: Editor's note

authors: Brown, Mike

subjects: outdoor education

abstract: The papers in this issue of the journal, fortuitously rather than intentionally, focus attention on two themes pertinent to outdoor education researchers and practitioners. The authors address issues concerned with outdoor education in the school context and the role it might play in educating for sustainability.

text: Editor's note The papers in this issue of the journal, fortuitously rather than intentionally, focus attention on two themes pertinent to outdoor education researchers and practitioners. The authors address issues concerned with outdoor education in the school context and the role it might play in educating for sustainability.

year: 2011

title: Ngā kura a Hineteiwaiwa: The embodiment of Mana Wahine in Māori fibre Arts

authors: Campbell, Donna

subjects: Mana Wahine

abstract: Imagine you are on a continuum of past present and future, in the present while connected to the past and creating for the future. Kairaranga  are constantly in this experience through engaging with the materiality of the practices of raranga and raranga whatu.  
The key focus of this thesis is to provide theoretical discussion of the raranga and whatu practices that are the creative component of this doctoral research.  The theories that inform the analysis are Kaupapa Māori and Mana Wahine both of which, like raranga, are organic to this place, Aotearoa , and have grown as descendants of Papatūānuku  and Ranginui . The connection between these theories and the creative practices of raranga and whatu form a cultural praxis through which I argue enables the transformative power of raranga and whatu practices.  This too is the essence of Te Whare Pora, a weaving house that embraces kairaranga both conceptually and materially and which provides the approach to the project. Te Whare Pora is a place of knowledge and a place of practice. Like Kaupapa Māori and Mana Wahine theories it is a cultural form and expression of praxis. As kairaranga we create taonga  informed by the creative genius of our tūpuna  from the native plants of the land. These ageless practices and the taonga we create are permeated with our own present realities. The taonga then carry this tūpuna knowledge into the future in multiple forms. To highlight this, I explore a range of practices that exemplify raranga and raranga whatu as cultural embodiment.  This is articulated through notions of raranga as an expression of cultural bodies of knowledge, creative practice and regenerative praxis that span the past, present and future.  As such, this thesis is an expression of the creative journey of theory and practice inspired by tūpuna knowledge in the art forms of raranga and raranga whatu. The practices of raranga and raranga whatu not only transform the materials the kairaranga is using, but also the kairaranga themselves. These practices become self-affirming, culturally affirming and ultimately decolonizing.

text: Ngā kura a Hineteiwaiwa: The embodiment of Mana Wahine in Māori fibre Arts Imagine you are on a continuum of past present and future, in the present while connected to the past and creating for the future. Kairaranga  are constantly in this experience through engaging with the materiality of the practices of raranga and raranga whatu.  
The key focus of this thesis is to provide theoretical discussion of the raranga and whatu practices that are the creative component of this doctoral research.  The theories that inform the analysis are Kaupapa Māori and Mana Wahine both of which, like raranga, are organic to this place, Aotearoa , and have grown as descendants of Papatūānuku  and Ranginui . The connection between these theories and the creative practices of raranga and whatu form a cultural praxis through which I argue enables the transformative power of raranga and whatu practices.  This too is the essence of Te Whare Pora, a weaving house that embraces kairaranga both conceptually and materially and which provides the approach to the project. Te Whare Pora is a place of knowledge and a place of practice. Like Kaupapa Māori and Mana Wahine theories it is a cultural form and expression of praxis. As kairaranga we create taonga  informed by the creative genius of our tūpuna  from the native plants of the land. These ageless practices and the taonga we create are permeated with our own present realities. The taonga then carry this tūpuna knowledge into the future in multiple forms. To highlight this, I explore a range of practices that exemplify raranga and raranga whatu as cultural embodiment.  This is articulated through notions of raranga as an expression of cultural bodies of knowledge, creative practice and regenerative praxis that span the past, present and future.  As such, this thesis is an expression of the creative journey of theory and practice inspired by tūpuna knowledge in the art forms of raranga and raranga whatu. The practices of raranga and raranga whatu not only transform the materials the kairaranga is using, but also the kairaranga themselves. These practices become self-affirming, culturally affirming and ultimately decolonizing.

year: 2019