scholarly journals Institutionalized Ambiguity in Legal Status: Managing Citizenship in the U.S. Imperial Rule of the Philippines

2018 ◽  
Author(s):  
Katrina Quisumbing King
Keyword(s):  
Legal Status ◽  
The Philippines ◽  
The Political ◽  
Administrative Capacity ◽  
Law And Policy ◽  
State Actors ◽  
Political Realm ◽  
The U.S ◽  
Scholarly Attention ◽  
Do So

A perennial question in the scholarship of the state asks how states rule and expand their capacity to do so. Scholars have paid special attention to activities that rationalize and build administrative capacity, known as legibility projects. Alongside these projects, state actors also rule through ambiguous and unclear techniques that have been given less scholarly attention. I introduce the concept of institutionalized ambiguity in legal status to extend the study of state rule. I ask what generates ambiguity, what purposes it serves in law and policy, and what consequences it has for the management of populations. I propose an analytic approach that draws attention to equivocation in law as enabling classificatory debates and discretion in the political realm. To illustrate the purchase of institutionalized ambiguity in legal status, I analyze how, during the years of formal imperial rule (1898-1946), U.S. state actors debated the racial fitness and membership of Filipinos in the imagined U.S. nation. I consider the broader implications of this analysis for scholars of modern state formation and suggest that foundational conflicts over national identity can be institutionalized in law, in turn facilitating a range of contradictory, but co-existing, legally defensible policies.

Managing Diversity

2019 ◽  
pp. 266-289
Author(s):  
Irene Bloemraad ◽  
Doris Marie Provine
Keyword(s):  
Civil Rights ◽  
Public Support ◽  
The United States ◽  
Equal Treatment ◽  
The Political ◽  
Managing Diversity ◽  
Law And Policy ◽  
Institutional Structures ◽  
Challenges And Opportunities ◽  
The U.S

Comparing the United States (U.S.) and Canadian responses to immigration in the context of each country’s civil rights struggles underscores the importance of history, geography, demography, and institutional structures in determining law and policy. Civil rights in the U.S. required a civil war over slavery and created an important role for courts to interpret constitutional mandates of equal treatment. Constitutionally enshrined individual rights came late to Canada and change occurred often through piecemeal legislative and bureaucratic action rather than litigation. Such differences in the trajectory of rights influence differences in immigration policy: active support and management of entry and integration in Canada versus an ambiguous welcome and laissez-faire incorporation in the U.S. Looking to the future, the political system and contentious views on immigration make policymaking difficult in the U.S., while Canadian policymakers enjoy more public support and flexibility as they take on the challenges and opportunities of immigration.

The Geostationary Orbit: Issues of Law and Policy

1979 ◽  
Vol 73 (3) ◽  
pp. 444-461 ◽  
Author(s):  
Stephen Gorove
Keyword(s):  
Solar Energy ◽  
Legal Status ◽  
Geostationary Orbit ◽  
Policy Issues ◽  
Law And Policy ◽  
The Earth ◽  
Technological Advances ◽  
Space Age ◽  
The U.S

The technological advances of the space age have opened the door toward the increasing utilization of the so-called “geostationary orbit” by satellites for telecommunication, broadcasting, and meteorological and other services. More recently, the possible utilization of the geostationary orbit by satellites to transmit solar energy to the earth has been seriously considered. The growing importance of the geostationary orbit reflected in these actual and potential uses, coupled with recent claims of sovereignty advanced by equatorial countries with respect to segments of the orbit, calls for an analysis of its international legal status and for a review of some of the U.S. policy issues.

The Imperial Republic: A Comparison of the Insular Territories under U.S. Dominion after 1898

2002 ◽  
Vol 71 (4) ◽  
pp. 535-574 ◽  
Author(s):  
Lanny Thompson
Keyword(s):  
United States ◽  
Puerto Rico ◽  
Legal Status ◽  
Body Politic ◽  
The United States ◽  
The Philippines ◽  
The Body ◽  
European American ◽  
Military Government ◽  
The U.S

The doctrine of incorporation, as elaborated in legal debates and legitimated by the U.S. Supreme Court, excluded the inhabitants of Puerto Rico, the Philippines, and Guam from the body politic of the United States on the basis of their cultural differences from dominant European American culture. However, in spite of their shared legal status as unincorporated territories, the U.S. Congress established different governments that, although adaptations of continental territorial governments, were staffed largely with appointed imperial administrators. In contrast, Hawai'i, which had experienced a long period of European American settlement, received a government that followed the basic continental model of territorial government. Thus, the distinction between the incorporated and unincorporated territories corresponded to the limits of European American settlement. However, even among the unincorporated territories, cultural evaluations were important in determining the kinds of rule. The organic act for Puerto Rico provided for substantially more economic and judicial integration with the United States than did the organic act for the Phillippines. This followed from the assessment that Puerto Rico might be culturally assimilated while the Phillippines definitely could not. Moreover, religion was the criterion for determining different provincial governments within the Phillippines. In Guam, the interests of the naval station prevailed over all other considerations. There, U.S. government officials considered the local people to be hospitable and eager to accept U.S. sovereignty, while they largely ignored the local people's language, culture, and history. In Guam, a military government prevailed.

CULTURAL CAPITAL AND THE SCENE OF RIOTING: MALE WORKING-CLASS AUTHORSHIP IN ALTON LOCKE

2000 ◽  
Vol 28 (1) ◽  
pp. 87-108 ◽  
Author(s):  
Richard Menke
Keyword(s):  
Working Class ◽  
The Political ◽  
The Novel ◽  
The Social ◽  
Politics And Culture ◽  
Intellectual Labor ◽  
The Relationship ◽  
Political Realm ◽  
Title Character ◽  
Do So

IN ITS VERY TITLE, Charles Kingsley’s 1850 novel Alton Locke, Tailor and Poet: An Autobiography hints at a set of questions that the novel itself never manages to answer in a very clear or convincing way: what is the relationship between manual and intellectual labor, between industrial and poetic production, between making a coat and writing a poem? How might the early Victorian imagination conceive of a working tailor who is also a working poet — especially in light of the various actual working-class poets who appeared on the literary scene in the first half of the nineteenth-century, complete with occupational epithets, such as Thomas Cooper, the “shoe-maker poet” (a figure who in many ways provided a model for Kingsley’s fictional protagonist)? And what if, like a fair number of urban artisans, including Cooper himself, the tailor-poet is also a Chartist — as Alton Locke indeed turns out to be? What is the relationship between the Chartist call for reform and for representation of disenfranchised men in the political realm, and the attempts of a fictional working-class man (since the novel’s treatment of gender, as I will argue, is crucial to its treatment of politics and culture) to enter the early Victorian field of literary production? Or why, in the first place, should a novel that treats the “social problem” of class in the hungry forties and the appalling working conditions of the clothes trade do so by way of the literary aspirations of its title character, that is, through a fictional construction of working-class authorship?

A Dirty, Half-Hidden War

2020 ◽  
pp. 159-184
Author(s):  
Colleen Woods
Keyword(s):  
United States ◽  
Armed Forces ◽  
The United States ◽  
The Philippines ◽  
Central Intelligence Agency ◽  
The Political ◽  
Intelligence Agency ◽  
Western Imperialism ◽  
History Of ◽  
The U.S

This chapter assesses the formation of a private paramilitary organization in the 1950s by Central Intelligence Agency (CIA) agents who were associated with Edward Lansdale, as well as by a group of veterans from the Armed Forces of the Philippines (AFP). This “Freedom Company” was meant to transport the “lessons of the Huk campaign” to sites elsewhere in Asia and Latin America. As an organizing principle, the Freedom Company and its U.S.-based supporters assumed that U.S. colonialism had imparted “modern political knowledge” to Filipinos; as the most “politically modern” Asians, therefore, they were best equipped to “export democracy” throughout the region. The Freedom Company Philippines (FCP), staffed entirely by Filipinos in an effort to distance contemporary U.S. interventions from a history of Western imperialism, actively promoted the idea that the U.S. colonial project in the Philippines had succeeded, while European imperial practices had failed to develop Asian societies properly. Though steeped in racialized perceptions regarding the political capacities of colonized or formerly colonized peoples, anticommunists contended that U.S. colonialism in the Philippines and contemporary U.S. interventions demonstrated the United States' interests in liberating Asians from colonialism across the region.

scholarly journals CONSTITUTIONAL AND LEGAL DEVELOPMENT OF THE REPUBLIC OF THE PHILIPPINES AND PECULIARITGIES OF THE 1987 CONSTITUTION

2013 ◽  
pp. 275-281
Author(s):  
A. N. Pankov
Keyword(s):  
East Asia ◽  
Role Model ◽  
Legal Status ◽  
The Philippines ◽  
South East Asia ◽  
Western Model ◽  
Western Democracy ◽  
The Republic ◽  
The Individual ◽  
The U.S

The article analyzes the stages of constitutional development of the Philippines, the principles and characteristics of the various constitutional acts adopted in the American colonial period and after the country's legal independence. Particular attention is paid to the principles and the specific characteristics of the current constitution of 1987, as well as the constitution of 1935, which was the first basic law, which laid the foundations of western constitutional model and the basic principles characteristic of the constitutions of democratic countries, including progressive for that time legal status of the individual, based on the "Bill of Rights" and directly borrowed from the American constitutional system. The question of the national state of one of the countries in South-East Asia is also analyzed which is of considerable scientific interest in terms of the perception of the Western model of democracy and attempts at planting on alien for these models of socio-economic and political framework. The author mentions how, after the provision of legal independence from the U.S. in 1946, the Philippines went the way of the serious distortion of the principles of "Western democracy". There was a wide gap between the formal democratic constitutional institutions of the Western model and the actual breaking of on the basis of eastern states with traditionally immature social structure, backward productive forces. The author shows that the U.S. attempts to impose its former colony model of American state and legal institutions that would facilitate the establishment of the South- East Asia "window of Western democracy", and could serve as a role model for the layout of other countries, not only in South-East Asia but also in Africa and Latin America, suffered a fiasco.

scholarly journals A Qualitative Analysis of the Lived Experiences of a Small Group of Filipino Immigrants

2016 ◽  
Vol 12 (1) ◽  
pp. 114-141
Author(s):  
Karen Thomas-Brown ◽  
Annalie L. Campos
Keyword(s):  
Small Group ◽  
Sense Of Belonging ◽  
Lived Experiences ◽  
The Philippines ◽  
The Political ◽  
Immigration Reform ◽  
Counter Narrative ◽  
Political Economic ◽  
Migrant Groups ◽  
The U.S

Demographers have forecasted that the U.S. is rapidly moving closer to becoming a majority-minority country, this fact and the politically divisive nature of recent debates and attempts at immigration reform have fostered increased conversations about citizenship, diversity, assimilation/s, and other im/ migration discourses. Often these dialogues surround boarder-crossings and the political, economic, and social implications of im/migration. One unfortunate outcome is frequently the perpetuation of stereotypes and the “othering” of many migrant groups to which this research offers a counter narrative. This counter narrative is built on the lived citizenship of a small group of Filipino im/migrants in the U.S. The paper demonstrates that—contextually—working abroad is common practice in the Philippines; this phenomenon is woven into the political, social, and economic jurisdictions of the country. This research fills one gap in im/migration studies as it chronicles the stories of these Filipino im/ migrants while examining their perceptions about their identity, sense of belonging, right to place, and the legitimacy of their citizenship socio-culturally. The paper places these and other narratives from this group of im/migrants within the theoretical framework of Critical Theory, hence offering a voice to a group of individuals not frequently heard in academia.

scholarly journals Shapes Determine Elections

2021 ◽  
Vol 9 ◽  
Author(s):  
Erika L. Ward
Keyword(s):  
Political Parties ◽  
School Board ◽  
House Of Representatives ◽  
The Political ◽  
Unfair Advantage ◽  
State Legislative ◽  
The U.S ◽  
Do So

When we elect representatives to the U.S. House of Representatives (or to state legislative bodies, or even the school board), we do so by dividing people into districts, and having each district elect one representative. The districts we draw as shapes on maps can affect the outcome of the elections. As a result, the process of creating or changing districts and the shapes we draw to create them are important. After every census, each state must construct a new district map. When they do that unfairly, it can give an unfair advantage to one of the political parties. This is called gerrymandering. By looking at the shapes of districts and examining their compactness, we can start to detect fair and unfair district maps.

Jewish Political Theology: The Doctrine ofDaʿat Torahas a Case Study

2014 ◽  
Vol 107 (3) ◽  
pp. 255-289 ◽  
Author(s):  
Benjamin Brown
Keyword(s):  
Significant Influence ◽  
Political Theology ◽  
The Political ◽  
Jewish State ◽  
Single Sentence ◽  
Systematic Fashion ◽  
Modern Judaism ◽  
Political Realm ◽  
Do So

A number of political theologies have emerged within modern Judaism, primarily as a reaction to the rise of Zionism but also, and to a lesser degree, to that of socialism, pacifism, and other ideological movements. Among the characteristics they shared are a “father”—i.e., an individual who fleshed out their tenets in more or less systematic fashion—and an attempt to deal with the nature and governance of a future Jewish state. The majority of these theologies failed to achieve significant influence in the wider public arena. Notably, however, there is one modern Jewish political theology that evolved by means of a different process, one that was gradual and decidedly unsystematic. It also lacks a single founder or figurehead, even though, like its counterparts, it developed and sought to remain within a particular social faction where it has long exercised significant influence and continues to do so to this day. I am referring to the doctrine ofDaʿat Torah(literally “the Torah view,” “the opinion of the Torah,” “the knowledge of the Torah,” or “the Torah mind”), which arose in the first half of the twentieth century in Haredi (ultra-Orthodox) circles. It can be summarized in a single sentence: The great religious authorities hold the power to issue rulings not only in their specific areas of expertise but in all areas of life, including the political realm.

Affect regulation in the political realm: Managing terror in an age of terror

2006 ◽  
Author(s):  
Sheldon Solomon ◽  
Tom Pyszczynski ◽  
Abdolhossein Abdollahi ◽  
Jeff Greenberg ◽  
Florette Cohen ◽  
...  
Keyword(s):  
Affect Regulation ◽  
The Political ◽  
Political Realm
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