Professional Documents
Culture Documents
AGABIN: CHAPTER 6
American Culture, Constitutionalism, and the Common Law
America as a Business Civilization
• Civilization and culture both refer to the overall way of life of a people, and a civilization is a culture write large
• They both involve values which successive generations in a given society have attached primary importance
• Scholars have portrayed the US as a business civilization
• This means that its values, ideals, and higher intellectual qualities, including juristic thought, revolve around the
elements of a business system
• The US civilization is characterized by:
• Private property
• Contract and freedom of contract
• Industrialism
• Business
• Profit motive
• Individualism
• In the thesis of sociologists, American law is most inspired by economic rather than political referents
• The Common law responds to economic referents
• Judges have advanced the legal principles expressing the values of a society increasingly committed to market
capitalism and economic growth
• The basic pillar of capitalism, protectino of established property rights against interference from the state, is the
basic doctrine of American constitutional law
• The primary goals of American policy towards the Philippines was cultural imperialism, and economic exploitation
• The overreaching value that underpins American constitutionalism is liberty of the individual, which implies freedom
of enterprise in the American culture
• The development of the common law and the concept of constitutionalism in the US has been molded by the ethos of
the business civilization and mutation of due process
• The US sought to recreate the Philippines in its own image
• The traditional power of the states, police power, was rendered impotent by the very size of the new business
leviathans which had emerged as domestic monopolies
• Emerging as the victor in the judicial arena, the large corporations began to exercise political power
How the Business Civilization Wrote Laissez Faire into the American Constitution
• USS ship exploded. Roosevelt blamed it on the Spaniards.
• McKinley declared war on Spain not only to assist Cuban rebels to win independence, but also to occupy the
Philippine
POUND: CHAPTER 1
The Feudal Element
• Wherever administration of justice is immediately in the hands of common-law judges, their habit of applying to the
cause in hand the judicial experience of the past, rather than fitting it into its logical pigeonhole in an abstract system,
undermines the competing body of law and makes for invasion of common law
• Met with defeat at one point with its rivals: Won decisively by German law
• Not a competition of English with Germans, but competition of legal rules.
• Anglo-American system is a law of the world
• It is able to receive the most diverse bodies of doctrine and most divergent bodies of rules:
• Equity: law to misdemeanors
• Admirality: probate and divorce
• Common law has triumphed, contended with more than one powerful antagonist and has come forth victor
• In the 12th century: strove for jurisdiction with the church
• 16th century: stood firm against Roman law
• Established its doctrine of supremacy of law against Stuart kings
• Maintained doctrine of precedent by citing English decisions in spite of histility to lawyers
• Its doctrine of supremacy and judicial power over unconstitutional legislation is bitterly attacked in the land of its origin
• Movement for socialization, shifting from abstract individualist justice to newer ideal of justice is putting strain on all law
everywhere
• Rise of executive justice
• Tendency to commit to boards and commissions which proceed extrajudicially
• Breakdown of polity of individual initiative in the enforcement of law and substitution of administrative inspection
and supervision
• Failure of popular feeling of justice
• Institution of elective judiciary does not give courts that are adequate for such tasks (development of common law in an
era of growth)
• Change in mode of choice and tenure of judges changed how the bench was percieved before which was that it was
independent and strong
POUND: CHAPTER 2
Puritanism and the Law
POUND: CHAPTER 3
The Courts and the Crown
• Archbishop: Judges were but delegates of the king, wherefore the king might do himself what he left usually to these
delegates
• If not in law yet beyond question in divinity, Coke answered on behalf of the judges, that by the law of England the
king in person could not adjudge any cause, all cases were to be determined in some court of justice according to
law and custom of realm
• Coke said that king ought not to be under any man but under God and the law
• In 17th century, it was progressive to insist upon the royal prerogative
• Will of the king was the criterion of law and it was the duty of hte courts, since the judgs were but the king’s
delegates to administer justice
• 18th century, center of political gravity had shifted to the legislature
• Courts had but to ascertain and give effect to its will
• End of 19th century: center of political gravity had shifted to majority or more often the plurality of electorate
• Judges were but delegates of the people to do justice
• Will of the organ of the state, even for the time being, must be both the ultimate guide and the immediate source to
which judges should refer
• Common-law courts have consistently refused to give effect to their acts beyond those limits
• This attitude, called Doctrine of Supremacy of law - has basis in fedual idea of the relation of king and subject and
reciprocal rights and duties involved therein
• Goes back to fundamental notion of Germanic law
Statutory Interpretation
• All techniques used by common-law courts are to be employed by the judges in an attempt to discern the legislature
Commercial Law
• Always reshaped by the ideology of the dominant economy
• Seen from development of mercantile law during the medieval period
• It is in the area of commercial law that the attempt of the new colonizers to create Philippine society in the image of
America is most evident
• All of these laws are the foundation of a capitalist economy that forms the core of a business civilization
• As US tried to create a new legal culture, it had to impose its ideology and its laws even in an underdeveloped
economy which was not quite ready to adjust to the needs and ethos of a modern civilization
• US found laws imposed by a feudal colonizer like Spain inappropriate for a capitalist economy
• Law begins to reflect the values and premises which confirm and legitimize the then current distribution of resources
NOTES IN CLASS:
• Started with war of US and Spain
• Able to push colonization
• Plan was to attack Spain because it focused more on defeating economic hold of Spain by removing its colonial power
• Sugar Trust wanted Cuba, wanted to control entry of sugar in US
• Congress passed Teller Amendment which stated that they will not colonize Cuba, had to look elsewhere for sugar
• Teller Amendment: lost source of sugar cane
• How did US gain control of Philippines under the treaty?
• Entitled US to occupy Philippine land
• Gave US power over Philippines to change government to suit needs of their citizens’ businesses
• When they colonized Philippines, it was to further and not just protect their interests
• Main reason to acquire Philipipnes: big business interests, laws are suited to them, deemed rights to Filipinos to protect
the interest of the government
LYNCH: CHAPTER 9
Colonial Dichotomy: Attraction and Disenfranchisement
LYNCH: CHAPTER 10
Distant Overseers: US Based Participants and the Organic act of 1902
The US President
Commercial Interests
• There was almost no support among US businessmen and corporations for colonial expansion
• The prevailing concern in 1898 was that a war with Spain might dampen the ongoing domestic business recovery
• Despite glowing reports from Taft, direct US investments in the colony were comparatively meager
• Most were concentrated in public utilities, mining, and industries geared for export to US market
• The establishment of an exclusive free trade relationship between the US and Philippines during 1909 marked
profound change in the colonial economy
• Congress enacted Payne-Aldrich Tariff Act, which removed most US-Philippine trade barriers and established liberal
quotas on US imports of Philippine Tobacco and sugar
• Free trade hastened the economic integration of the colony into the economic orbit of the US
• It transformed the Philippines into a colonial appendage of the American economy
• Agricultural and forestry exports were dependent on the use of large amounts of land, but restrictions on corporate
from acquiring direct ownership of large landholdings
• The Philippine Commission strove to promote direct ownership by US corporations, but its efforts largely failed
• There was no deliberate policy of promoting industrialization as Philippine industries would have been natural
competitors of their US counterparts
LYNCH: CHAPTER 11
Insular Actors: Governors and Commissioners
Military Regime
• As military governors, they legislated by fiat
• Their enactments were extensive and had an important influence upon the subsequent government of the
archipelago
• Filipino revolutionaries were also consolidating their positions
• By 1898, revolutionaries had defeated the Spaniards almost everywhere but Manila, but Spanish formally
surrendered after a sham battle to General Merritt
• Merritt issued proclamation to Philippines informing them of fundamental rules of international law that pertained
to military occupation
• It was based on a letter from McKinley: Article II expressed commitment by the military commander to protect the
personal and religious rights of all persons who cooperate with the US
• Article VII reiterated that so long as they preserved the peace and perform their duties toward the representatives
of the US, the Filipino people will not be disturbed
• Article III was most important: it proclaimed that the government being established is of military occupation
• The office of the military governor promulgated an array of General Orders
• Most important was GO 20: reconstituted the audiencia into the Philippine SC, and authorized it to exercise the
same jurisdiction over civil and criminal matters that it previously possessed
• It consisted of 9 judges, including 3 US Army officers and 6 Filipino lawyers
• This highlighted the presence of conservative elements among native and mestizo elites who were eager to
collaborate with the new colonial overlords
• General Otis sent first communique to General Aguinaldo
• Otis refused to acknowledge that the Filipinos had assisted the US in defeating the Spaniards
• Warned Aguinaldo that they should submit to US
• McKinley issued his Benevolent Assimilation Proclamation: it declared that the mission of the US is one of
substituting the mild sway for abritrary rule
• Otis reworded the proclamation including assurance of continued protection by colonial state of property rights
documented during the Spanish era
LYNCH: CHAPTER 12
Insular Actors: Subordinate Officials and Politicians
Federalista Party
• Partido federal grouped with native elites who favored imposition of US colonial rule. They identified themselves with
the Spanish government
• The party grew rapidly because of its “politics patronage” which facilitated the economic and political emergence of
the ilustrados during waning decades of Spanish regime
• Enjoyed the confidence and favor of the new colonial overlords
• Wright began to appoint Filipinos with other political affiliations, which created animosity between Federalista Party
• Its demise was primarily attributable to the fact that provincial governors were no longer appointed
• Confirmed by the majority winning by Partido Nacionalista, including Quezon and Osmeña, pro-independence party
Nationalista Party
• Assembly elections proved that political independence was a popular aspiration
• US officials believed that neither Quezon nor Osmeña really wanted independence
LYNCH: CHAPTER 13
Disenfranchisement Qua Paternalism: Non-Christian Fiefdom of the US in the Philippine
Islands
Introduction
• Social scientists tended to divide the population into several different categories
• Common labels included “civilized, wild, Christian, pagan” etc.
• This required official definition of people belonging to ethnic groups deemed to be on the bottom of the Philippine
Socio-cultural hierarchy
• Taft realized that any effort to define and categorize the Philippine people on the basis of ethnicity was a
formidable task
• Taft and Worcester realized that political advantages could be gained by playing up the Christian/Non-Christian
dichotomy
Bureaucratic Beginnings
• Schurman Commission recommended that policies in the Philippines be limited to semi-civilized and barbarous
people
• The Bureau of Non-Christian Tribes was created without the benefit of public hearings
• It fell under Department of Interior headed by Worcester
• Its primary task was to conduct ethnographic research among un-Hispanized people, including Muslim Mindanao
• Ilustrados objected because they were ashamed of the cultural heritage they shared with indigenous people and
BCNT reminded them of that link
• The BCNT was short-lived, possessed no real power
• They devoted much of their time to preparations for a Philippine exhibit at the 7-month long exhibit
• Americans perceived the exhibit as an opportunity to generate support for the colonial endeavor
• People were shipped from the Philippines in harsh conditions
US Indian Precedents
• Barrows inquired into the effectiveness of the General Allotment Act of 1887
• US government had followed a policy of dealing with the Indians as tribes
• Barrows was willing to ignore the longstanding doctrine of aboriginal title whereby Native Americans were
recognized as holding undocumented but constitutionally protected property rights over their ancestral domain
• Barrows knew of aboriginal titles but kept quiet and thereby lent his support to regime’s effort to deny any
recognition of ancestral rights
• Since Consti did not extend to Philippines, so did aboriginal titles
Harbingers of a Policy
• An important issue was also local government
• The regime’s first response was through establishment of a civil government in Benguet
• The law created a broad electoral franchise because the commission was determined to prevent a growing number
of US miners from gaining political control over the mineral-rich region
• Two months later, the commission promulgated acts that curtailed the electoral franchise for at least Christians
LYNCH: CHAPTER 17
A Hidden Agenda
Hidden Agenda
Introduction
• Prescriptions in our codes and statutes are not to be distinguished from ordinances of the holy books or tribal feeling,
or from the exhortations of priests or moral philosophers
• Their subject matter is human conduct and their concern is its control through the technique of dogma
• Difference between law and custom/morals:
• Ancient law: compounded of tribal customs and sacred commandments, proceeded from a lawgiver who was the
conserver of ancient traditions and spokesman of the gods
• Peculiar conditions of modern world which gave birth to law as we know it today
• One was: Secularization of life
• Regarded economics and politics as departments independent of religion and governed by a system of laws
peculiar to them
• State was conceived as instution apart from Christian churches, with no vital connection
• Law was divorced from its ecclesiastical moorings, and made secular
• Attributed as the will of the State.
• Acknowledgement of a sovereign society was convenient, if not necessary
• Concentration of power transformed custom and tradition into law
• Statutes were promulgated to fill-in the gaps as well as modernize existing rules
• Today, the propensity to legislate is still with us
• As soon as activity assumed social importance, body of custom developed is embodied in a statute
• In this way, through legislative fiat, the field of law has expanded to embrace known social relations
AGABIN: CHAPTER 9
Martial Law as an Instrument for Economic Development
• Marcos imitated the Roman empire by assuming all legislative power vested in the Congress
• He moulded public and private law as the will of the commander-in-chief
• Martial Law is defined by common law as the system of law, obtaining in times of rebellion, and growing out of the
exigencies thereof, and which suspends all existing civil laws, as well as the civil authority and the ordinary
administration of justice
• But martial law is not peculiar to common law, it dates back as far as Roman law
• Marcos redefined it when he declared ML, because he also wanted to reform society with it
• Being a lawyer, he covered all bases to assure that his declaration would not be struck out by Congress or SC
• He issued a General Order divesting the judiciary of jurisdictino over cases involving legality of any decree made
by him pursuant to ML
• Marcos organized citizens assemblies when petitions were filed to challenge the validity of the 1973 constitution
• Marcos created his own constitution in much the same way that the old Roman emperors crafter theirs
• Imposition of ML was the greatest apparent trauma in Filipino legal history
• Foreign capitalists began to predict that the country would become the next economic miracle in Asia
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• Marcos issued PDs that aimed to stimulate the economy
• Chose intellectuals to rationalize his actions, and technorats from business sector who would implement economic
policies for the newly-industrialized country
• The World Bank and International Monetary Fund also supported ML as they sought reforms that would open up
the economy with less government interference
• The regime was called developmental authoritarianism
• Before this, they were deeply involved in efforts to restructure the Philippine economy
• The foreign donors were elated when Marcos appointed Filipino technocrats to his cabinet and other economic
management positions
• Marcos obliged them by constantly telling the world that he declared ML to spur economic development
• He promised complete access to country’s natural resources to foreign businessmen, unrestricted access to local
credit resources, etc.
• Big obstacled to Marcos’ vision: nationalist constitution of 1935 which adopted the Regalian doctrine that all lands of
the public domain belonged to the state, and emphasized the exploitation of natural resources was limited to Filipino
citizens or those companies with 60% Filipino ownership
• The 1935 Constitution was amended in 1946 to accommodate Americans
• The US offered finance aid to war-ravaged Philippines when it became independent in July 1946, in exchange for
allowing American citizens to exploit the natural resources of the country
• The SC by 1973, had a line of precedents, already placed strict limitations on the right of foreigners to own or exploit
natural resources
• Court held that foreigner could only own land through hereditary succession
• SC held that even parity Amendement to the Constitution did not give Americans the capacity to acquire private
agricultural land, after the ruling that the sale of agri land in violation of this prohibition is null and void
• For corporations, the court enforced restriction by holding that in determination of the ownership, the control test
was the applicable standard.
• With the expiration of the parity amendment, the right of Americans to own land and other natural resources has
also been terminated.
• These stood in the way of Marcos’ idea of economic development
Stages:
I. Calling of the 1971 Constitutional Convention and proposal to change the structure of Government
• Indispensable because such change in structure made possible the Interim or Transitory Government, which is the
basis of the present regime
• It enabled Marcos to surmount the constitutionally insuperable obstacles to his continuation in high office
II. Affirmance by SC of President’s suspension of the privilege of the writ of habeas corpus
• In Lansang v Garcia the SC held that factual record was constitutionally sufficient to satisfy the constitutional conditions
for such suspension
III. Declaration of ML which established and set in operation emergency or crisis government
• Ample justification for martial law, enabled the administration to neutralize the established opposition groups
• Provided legal cover for this purpose
IV. Approval of the 1973 Constitution, as announced by the President in Proclamation No. 1102
• Had Congress convened, it would have stood in the way of ratificatino of the Constitution, hence, imeediate approval
of the 1973 constitution was imperative
• Congress had to disappear before it could convene
• Partaking to the improvised and emergency nature, it explains the hurried manner of securing popular ratification of
the 1973 Constitution
VI. Suspension of the Interim National Assembly by virtue of Proclamation No. 1103
• Reportedly on the basis of popular objection to its convening
• The Interim legislature never function because it was never convened
IX. Reported overwhelming approval of the proposed amendments in the plebiscite which provides explicit
constitutional basis to authoritarianism
Ratification Cases
• In Planas v COMELEC, citizens challenged the validity of the submission of the constitution to a plebiscite under PD
73
• The suit was aimed at halting by injunction the scheduled plebiscite
• SC dismissed on the grounds that it had become moot and academic
• SC decided that there are not enough votes to declare that the new Constitution is not in force
• Based on author’s experience, function and responsibility is to be the ultimate refuge of any person whose rights,
provided for in Bill of Rights, are violated by Government
• It resolves conflicts between departments of the Government
• Primodial function: enforcement of the Bill of Rights
• Since the SC has neither power of purse nor power of the sword, it must draw its strengtth from the support of
the people
• Support can only come from perception by people of its independence, impartiality, and expeditious
performance of its functions
• Two principal factors:
• SC must be independent and impartial, thus dispensing justice
• It performs responsibilities or dispenses justice expeditiously
• Broader power of “duty” of SC is intended to allow the SC to deal with what are regarded as “political”
• But a troubling problem is that because of its greater responsibilities, it may not be able to resolve
petitions with dispatch
• Resulting injury is most manifest in criminal cases, where accused is consequently imprisoned for
years before case is decided
• Thus, the powers of the SC needs to be seen as a work in progress.
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• During ML, Marcos issued orders and decrees, because of this, 1987 assured that laws may be more easily
declared Unconsti by the SC.
• 1935, needed 8 votes to declare a law unconstitutional
• 1973, needed 10 members
• 1987, does not provide number of members for a quorum. A law may be declared unconsti under
the 1987 Consti with only 5 votes, already constituting a majority of eight participating members
AGABIN: Chapter 10
NOTES FROM CLASS
• What is negative liberty compared to positive liberty?
• Negative liberty: safeguard on the state, bill of rights
• People realized that those who controlled allocation of natural resources were able to render useless the liberties
• Liberty has 2 sides:
• Negative duty of state
• Positive duty of state - promote general welfare of the people to ensure that resources are shared equally
• How were they able to pull-off judicial legislation?
• SC used cases to promulgate these rules how cases will proceed
• SC’s rule-making power
• Positive liberty was double-edged because it also restricted them from redefining the things in the consti
• Why would welfare provision restrict the ability of the court to interpret the law?
• When courts rule under Laissez-Faire doctrine, the decisions end up towards the detriment of people who are not
well-based economically
• What is an example of how there will be conflict between the welfare state and Laissez Faire doctrine?
AGABIN: Chapter 11
Judicial Review and the Judicialization of Politics
Introduction: Judicial Review as a “Brake on Democracy”
• For every action there is an equal and opposite reaction
• The practice of judicial review has led to “judicialization of politics” becaues of the intrusion of the SC in the
determination of public policy which has supposedly been entrusted to Congress, it was inevitable that the
political departments would retaliate
• The political struggles involving the SC has evolved around the theme of majoritarian sovereignty represented by
the political departments versus the judicial supremacy
• Judicial review owes its beginnings to John Marhsall. Adams nominated so many federal judges before leaving
office. Among the appointees was Marhsall, as chief justice, and another justice of peace, Marbury. Marbury went
to the SC on a writ of mandamus to deliver his commission. Marshall rules that mandamus was not the proper
remedy, for it was unconstitutional under the Judiciary Act of 1789. This was because Congress added to the
original jurisdiction of the SC, an action which the Consti does not sanction.
• Political considerations dictated the laying down of the precedent for judicial review, and up to now it is still
dictated by political considerations
• Marshall’s basic distrust of democracy moved him to arrive at his conclusions
Across the River and Into the Trees: The Rise of Judicial Power
• The EDSA revolution led to the judicialization of politics, the institutionalization of judicial supremacy as a check
on political power
• Certiorari was constitutionalized and expanded in scope, so that even if a law or an act of the president is
not unconstitutional
• The SC was vested by the 1987 Constitution with the power to legislate, in the guise of rule making
• The balance of political power was tilted in favor of the judiciary as against the political departments of the
government
• The most significant innovation is the definition of judicial power, which expands the scope of judicial review and
gives access to ordinary taxpayers to the Court to raise even political questions
• The broadened concept of judicial review under the present constitution is an innovation born out of the ML
experience
• Judicial Power:
• Duty of the courts of justice to settle actual controversies involving rights that are legally demandable and
enforceable, and to determine whether or not there has been grave abuse of discretion amounting to lack
or excess of jurisdiction
AGABIN: Chapter 12
Globalization: Back to the Future
Globalization of the Law
• This pattern of imposing a common code of conduct by the dominant states on the subject states has been
followed everywhere
• It follows this pattern because the viability of an international economic order presupposes the presence of
a leader nation powerful enough to impose a common code of conduct upon other nations
• It is natural that globalization of the law in our day will reflect Pax Americana
• The US is the sole model for shaping world capitalism and that globalization will lead to a new American
hegemony
• Law becomes an instrument for pragmatic ends and not only for social or political control
• This gives the law an economic slant for it is only the economic interest groups that have the resources and
the organization to wage their claims and demands on the legislature
• Instrumentalism becomes entrepreneurial when the law is used by opportunists to pursue economic
objectives
• Our principal interests not revolves on the here and now rather than on the hereafter
• Significant similarity between canon law and the new global order is that both transcend existing national
sovereignties as well as supersede existing legal systems
• Globalization may expand law in much the same way as universal religion
• Globalization’s interest is to establish a legal order that is free from local politics and populist and nationalist
pressures
• The future is a world without borders, starting with trade and commerce
Problems of Globalization
• Deficiencies of the global capitalist system:
• Uneven distribution of benefits
• Instability of the financial system
• Incipient threat of global monopolies and oligopolies
• Ambiguous role of the state
• Question of values and social cohesion
• The irony here is that, according to the UNDP report, while industrialized countries are the dominant consumers
of world’s goods and services, it is the people in the poorest who pay proportionately higher prices for the resulting
pollution and degradation of land, forests, rivers, and oceans that sustain the livelihood of the poor
• A multinational corporations ia national corporation with foreign subsidiaries which are clones of the parent
company, but a transnational corporation is one globalized economic unit where parts, machines, planning,
reserach etc, are conducted all over the world depending on the competitive advantages
• Their assts make them the major players in the global arena, 2/3 of international trade now involve transnational
corporations and 1/3 involves trade within a single transnational corporation
• As the feudal order broke down in Europe, Nation States had arisen, accompanied by the developemtn of an industrial
system and capitalist class that administered it
• Thus, Laissez Faire economics justified the pre-eminence of free trade in national policy
• Under the Social Contract Theory, government was an instrument of its success
• As soon as external trade became profitable, it was imperative to subject their relationships within a definitive order
• This order is provided by the classical theory of international law: several capitalist states were the subjects of this
international order
• The regime that governed them was free and open competition for trade and profit
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• Treaties are contracts between states
• The theory of international law was posited to explain the new situation that had arisen in Europe
• It described an order of rules regulating inter-relations of states
• Each nation-state was permanent and indestructible
• What guaranteed territorial integrity was the resources available to each nation for destruction of other nations
• First fact: Virtual indestructibility of the nation-state through ware on physical hostilities
• Since war was not in fact destructive of the international community nor of its component state, its occurrence was
acceptable and accommodated within the theory
• The second fact that lent vitality to the theory is that within the community of states, there was continuing equilibrium
in terms of national power
• Power means nothing more than the capacity for war
• It is the equilibrium in the capacity for war that underlines the famous concept of balance-of-power
• Significance of equilibrium is profound in the theory
• As soon as one state was defeated, the community of states moved through diplomatic measures to ensure that the
vanquished recovered its war potential as fast as possible, for fear of the victor becoming too strong
• The postulates of the theory rested on adequate empirical considerations obtaining at the time
• Atomic weaponry falsified the primary factual support of classical theory, which is the capacity of the Nation-State to
survive war
• The end of the invulnerability of the state to total destruction marked the end of the equilibrium of power that made
the community of free and equal states possible
• In the theory of international law, states are deemed equal because none had the capacity for total destruction and
each had capacity inflicting substantial harm. With nuclear monopoly, the social conditions underlying the theory
disappeared entirely
• We now turn to the 2nd ground of the thesis, the positive side. They, the states, have been transforemd through
increasing bonds of interdependence into units of a more inclusive political order. This new order may justifiably be
described as the emergent world federal system, embracing most of the capitalist economies
• Within the capitalist world, there is no countervailing force that can successfully resist or counter the massive
physical might of the Western military organization
• The supportive military complex provides two contributions to the maintenance of federal power:
• They can be employed as auxiliaries to federal troops in preventing border encroachments by socialist forces
• Second, contribution is system maintenance through internal stability within their respective countries
• There are 3 methods for maintaining loyalty to federal interests on the part of the supportive military complex:
• Federal indoctrination and training of the native officer corps: accomplished in training camps and centers
• Second is military aid: excites gratitude and loyalty to the federal cause
• Third is system of direct and indirect rewards for loyalty and support among the officers effected through the
business and industrial establishments in each country
• Once overwhelming power is perceived, it is rarely necessary for the holder to actually exercise or to apply it
• Federal economic organization: transcends the territorial units of the capitalist world
• Two primary sectors: industrial and dependent
• Industrial consists of industrial or developed areas