Lección 30. Las clases de penas: las penas restrictivas de libertad, las penas privativas de derechos y la pena pecuniaria
VI. Reglas especiales de determinación de la pena
The first group includes the ones who showed signs of identity defensiveness, be it the classical type of cultural or religious, or the less classical linguistic identity. This group is characterised by a strong nationalistic projection and belief that philosophy should originate from the country’s religion, language and cultural value system. While one respondent asserted that it “must emanate from the philosophy of the state and from Islamic principles and take into consideration customs and traditions”, another insisted on using “whatever related to our religion and customs and not to copy paste everything.” Highlighting the educational system, one participant believed that “our education system should be empowered by our values, culture and religion. It should represent our identity at all levels”.
1 . Identity
Defensiveness 2. Scepticism 3. IntermediatePosition 4. Pro-Western Avoidance5. Topic
Identity Defensiveness, 14.29% Scepticism, 8.93% Intermediate Position, 17.86% Pro-Western, 19.64% Topic Avoidance, 26.79% Invalid, 12.50%
Accentuating ‘curriculum’, one participant stood firm that “curricula plans must be based on foundations and principles from the Omani society and not from other societies”. Moreover, a respondent cautioned officials and decision makers in the country to “stay away from importing traditions and customs incompatible with our culture and religion”. The association of the concept of ‘Western’ to the use of English as a medium of instruction in Omani higher education institutions was also observed in this group. One participant, for example, wondered why “a lot of universities do not teach graduate courses in Arabic” and questioned, “so where is the application of religion and Arabic in our institutes and universities?” This could be an indication that, in addition to culture and religion, language is regarded as one major representation of national identity.
Out of this group, nevertheless, this final response was the most intriguing. Not only did the respondent “advise” the researcher not to make “big assumptions” about “Western influence on our educational policies”, but she also warned the latter from falling into “that trap of mono-thinking and Western imperialism and its influence on our thinking and practice”, as this implied that “we are powerless followers to the West”. This respondent felt that this study was not “empowering” Omanis and that it would “lead others to believe we are blind followers to the West. We as a country and individuals need to be accountable for our decisions for ourselves and our country.” Such expressive choice of terminology, which was nowhere to be found in the survey items, could be suggestive of a certain type of Arab mentality in relation to the region’s historical connections with the West.
6.4.2. Scepticism
This group shared similar attitudes with the first one (identity defensiveness), albeit not as extreme. Here, the people were less defensive about their culture, religion and language, but more sceptical about the policy of importing Western methods as they questioned their effectiveness and utility in the Omani context. For example, one respondent described the policy and process as being “random following of new systems without analysing and finding out the extent of their suitability and quality to this society”. Similarly, another, who specifically referred to the grading on curves systems, which are believed to be adopted from the West, described the latter as “a random philosophy that may not give the students their right”. “Western philosophy may not work with us in Oman” was one more response that insinuated a state of uncertainty
about the policy, thus suggesting that “we need a philosophy that suits our students in teaching and preparing curricula”.
Once again, the issue of language appears among the views of this group. For instance, one participant doubted the functionality of English for some graduates, openly stating that she did not think “an Islamic studies, maths or Arabic teacher should study courses in English as they will not benefit from them in the future”. Likewise, another pointed out how “Western philosophies do not say that teaching in higher education MUST [stress in original comment] be in a foreign language”, which, according to the respondent, “is not compatible with the system in Oman”. Calling it “compulsory use of English in higher education”, the same respondent believed it prevented “undergraduate students from achieving their potential goals”. To this respondent, “blind adoption”, should not be considered as Omani and Western contexts are different. To defend her argument, she gave the example of the adoption of a longer school day, which she believed was more convenient for Western weather but not as effective to teachers and learners in Oman’s hot weather.
6.4.3. Intermediate Position
In contrast to the previous two groups, the people in Group 3 adopted a middle position. Notwithstanding the flexibility in their reaction, reservations about culture and religion kept recurring, for they predominated the concepts of adaptation and accommodation mirrored in the attitudes of the majority of this group. Two respondents, for example, were with the view of taking from the West “the useful” that is commensurate with “our religion, customs and traditions” with the second cautioning policymakers “not to bring the idea fully without revision”. A third person equally agreed that, “in case of interest in the application of Western methods or philosophies, they must be compatible with the Omani nature in terms of religion, values and morals. Other experiences should not be taken as a whole, as they may not fully correspond to the nature of the region.” Furthermore, a fourth respondent asserted that it was “not the method but how to apply it to specific society with specific culture and religion” was what mattered. Talking about the management of educational institutions, a fifth respondent stated that “one size doesn’t fit all”, hence the need to consider different factors such as “customs and attitudes of people”, keeping in mind that “adapting Western systems might need much more time to be successfully implemented”. Not only did one respondent call for the “development
of the idea of Western management in line with the culture and values of Islam”, but also encouraged “attracting scientific, intellectual cadres with a powerful personality who can provide constructive criticism, without favouritism or flattery, provided that they are not in conflict with religion and Omani values”.
Nevertheless, compatibility with Omani context was not the only factor expressed in the views of this group. “We have to use in Oman whatever policies proven that they are successful”, argued one respondent. However, not only was the term ‘successful’ left undefined, but it was also detached from any geographical domain, suggesting benefit from successful Eastern models as well. “We have to make use of other people development as long as they don’t contradict our environment”, added the same participant. “It is very important to get use of successful management experience”, similarly stressed another participant, urging for “continuous evaluation, adaptation and follow up of the plans and application” to arrive at “acceptable standards”. What is more, one respondent emphasised the importance of commitment to the application process. “Yes if we implement it, we should follow it”, she stressed, adding that “the community should be aware about it”.
Summarising the position of compromise among the people of this group, one final participant argued that while the “philosophy must originate from the society itself, Western management can be used in the Omani education system in line with the philosophy of society.”
6.4.4. Pro-Western
This group was guided by a pro-Western outlook, demonstrating a practical business- like approach that prioritised educational and/or socio-economic benefits and improvements that could be obtained from importing Western methods.
While one respondent gave a general remark that Omani education systems should have “a little management from Western philosophies”, another was more precise about the kind of management systems. This respondent believed that the “goodness and strength of society stem from the power of its educational systems”, hence the need in Omani higher education for “strong management systems that are in line with international quality systems that strictly apply the principles of governance and accountability”.
A couple of respondents preferred to support the application of Western methods by trivialising the power of Western influence on the Omani context. On the one hand, one participant who acknowledged the superiority of Western countries as being “more advance[d] than us in Oman” felt that there was “no harm to take the Western philosophy and adopt it accordingly”. On the other hand, the other respondent, who anticipated rejection or perhaps even feelings of repulsion, reassured Omanis that it was “not a shame using Western methods and ways”, because it was only an issue of selecting “the right way at the appropriate stage”.
Sentiments of sheer and simple excitement about certain imported Western approaches also emerged as a sign of a pro-Western stance. An English language supervisor commended “a new method in teaching reading and writing to C1 students called Jolly Phonics”. “It is amazing. It works very well”, she enthusiastically explained. Referring to modern technology, which is widely believed to be a Western product, another respondent not only called for the need to cope with “modern technology all around us”, but also encouraged Omanis to enrich their students with “up to date new methods” and make them “aware of the importance in tracing the new technical aspects in their study”. Finally, some went ahead to directly propose what they hoped to be imported from the West and applied in the Omani education system. The list, which included Western experts, ranking system, language, teachers and student counselling, is described in Table 6.2.
Table 6. 2 Methods and Systems to Import from Western Countries
Gender Age Highest Education Level
Occupation Things to import from the West
F 31-40 Master's
degree Chemist A good guidance for students from grade 10 until entering university is something
we hope they adopt from Western countries.
F 31-40 Master's
degree School teacher The use of ranking system among colleges and universities should be
applied, especially for private education colleges. F 23-30 Master's degree Student at university or college
I think we need experts from the Western countries and there should be high standards in choosing those people not any foreigner is good.
M 23-30 Technical/ vocational training/ diploma Student at university or college
Help students develop the language and learn the language of others.
M 18-22 Technical/ vocational training/ diploma Student at university or college
We prefer bringing British or American teachers as they are native speakers of their mother tongue, whereas Indians, Filipinos and others pose some problems for students because of their broken English language.
6.4.5. Topic Avoidance
Instead of answering the question, the people in this group avoided talking about the use of Western methods and rather expressed their tensions about some pressing issues they believed to exist within the current education system. This could be interpreted in two ways in relation to the subject at hand. One possibility is that they were indirectly criticising the desire and tendency of policymakers to import Western methods and models, when it was more imperative to find solutions to existing problems first. Alternatively, Western methods and philosophies already imported into the education system have not really improved the situation, and perhaps have even helped exacerbate certain existing issues or even bring about new problems. For example, one particular comment in which the respondent stated that “learning from books is better than from Internet” reflects a more traditional way of thinking as the respondent encouraged going
back to the old ways of teaching using books. This in a sense may suggest disapproval of new ‘Western’ methods of teaching, which advocate the use of Internet and technology in the classroom.
Figure 6.18 lists the issues expressed by this group, which could be all reduced under two overarching themes: ‘improvement’ and ‘planning’.
Figure 6. 18 Avoiders’ List of Issues with Omani Education System
Improvement Planning
“Higher education institutions should have more facilities to help students learn and more research work to bring the institutions on the first places on the list of the best ones in the world”.
Issues of Omani Education System
“They have to change the education system and way of teaching, especially the higher education since it is very low level”
“Learning from books is better than from Internet”.
“Well qualified people should be hired”.
“Providing high-quality lecturers in educational institutions”.
“Paying more attention to the student and encouraging him. In Oman, we have many untapped talents and bright minds that have not been sharpened, unfortunately.”
“Paying attention to the views of students with regard to the development of educational institutions”.
[Stress added]
“Curriculums should be changed to some degree. new courses and new disciplines”. “Using curricula not suitable to specialisations”.
“Regarding school education, the real problem lies in long-term or strategic planning, as well as in the logic of procedural planning, the periodic evaluation of implementation stages for the purpose of serious interim assessment, and
the selection and
qualifying of technical cadres in various aspects”. [Stress added]
“Regarding higher education, the problem lies in the focus, which is placed more on the theoretical aspects of the process than the practical side and the skills that are considered the outcome of education in general, in addition
to the mechanisms of
evaluation and the level of teaching staff”.
“We lack a clear and consistent vision, on which HEIs are evaluated.
“The necessity to link higher education to the national economy so that the economy has a national project that Higher Education serves and provides a research environment to achieve that project”.
“Disciplines must be chosen to fit the job market instead of wasting students’ time in studying disciplines and end up jobless for a long time.” “Providing job opportunities to graduates.” [Stress added] “We should improve the higher
education in Oman because lately it goes wrong”.
“No attention to development and modernisation”.
Linking Edu with HE: “Paying more attention to the planning of higher education management in a manner that is commensurate with theoutcomes of education”.
6.5. Summary
This chapter has presented and discussed the first set of the study’s findings, those of the questionnaire, divided into two sections: quantitative and qualitative results.
Based on the respondents’ answers to the first quantitative part, the following general points and conclusions can be made about the respondents’ viewpoints regarding the current education system and the implementation of Western methods and philosophies:
§ The respondents believed the various levels of the education system were mostly inappropriate and did not quite meet the needs of the Omani society. § They mostly believed that Islamic values were not well reflected in the Omani
education system, particularly in HE.
§ They thought the education system did not fully incorporate the social traditions of Omani society.
§ Generally, HE did not satisfactorily reflect the respondents’: a. values and traditions; b. goals and ambitions; and c. views and opinions.
§ Out of the various policies and methods adopted in the Omani education system, more than half the respondents believed that Basic Education, GPA system in HE and using English as a medium of instruction in HE were imported from the West. Other programmes and philosophies were also regarded as Western but to a lesser degree, such as teaching philosophies and curricula in school education, accreditation and quality management, among others.
§ The majority of the respondents were not sure that importing Western management methods in HE was the right policy for Oman.
§ The participants thought the five most important factors influencing the application of Western methods were:
1. educational development plans
2. willingness and motivation of the employees in HEIs 3. political culture
4. Islamic values and teachings
The analysis of the second qualitative part or text comments expressed by the respondents revealed that they were divided into five groups in their approach to negotiating the use of Western systems and philosophies:
§ The first group was defensive about culture, Islam and the Arabic language. They strongly believed that education models and philosophies should emanate from the state’s value system.
§ The second group was sceptical about the utility of Western methods and questioned their suitability and compatibility to the Omani context.
§ The third group held an intermediate position that in case of the government’s interest in Western models, the latter should be accommodated to fit the Omani context.
§ The fourth group held pro-Western values and encouraged the use of these methods as they believed they would benefit and improve the quality of the Omani education system.
§ The people in the last group avoided the topic and instead expressed their tensions concerning different current problems and issues with the Omani education system.
The next chapter will go a bit deeper to present and discuss the study’s second set of findings.
Chapter Seven: Findings II (Content Analysis of Interview
Data)
7.1. Overview
This chapter will present and discuss the results that were gathered from the content analysis applied to the interview data. These constitute the first half of the answer to the study’s second question: how do decision makers and senior management people in Omani HE negotiate and appropriate the use of Western methods? First, a description of the respondents will be provided. Then, the findings will be divided into three themes based on the respondents’ viewpoints on the rationale of the practice, the process and potential conflicts. The chapter ends with a summary.