THE PPE REVIEWppe-review.org/wp-content/uploads/2018/03/Click-here-to-read-Volume-6-1.pdf · EDITORS’ NOTE Welcome to the latest issue of The PPE Review: Philosophy, Politics and

THE PPE REVIEWPhilosophy, Politics and Economics

Volume 6, December 2017

THE PPE REVIEWPhilosophy, Politics and Economics

Copyright © 2017 by The PPE Review. All Rights Reserved.

EDITORS’ NOTEWelcome to the latest issue of The PPE Review: Philosophy, Politics and Economics! Following

the success of our previous issues, we are very pleased to present this newest edition. The confluence of philosophy, politics and economics as academic disciplines allows for a wide range of ideas, hypotheses, and methodologies, and this is reflected in the range of articles in this issue.

Philosophy, Politics and Economics aims to encourage this kind of multidisciplinary discourse and investigation, especially among high school students who may be contemplating a career that involves one or more of these fields. Once again we received many submissions for this issue, and while many im-pressive articles were received, we selected the seven that best exemplified the combination of the three disciplines. Thank you again to all scholars who took the time and effort to send us your articles. We hope to read your future work and congratulations to the newest crop of PPE scholars!

CONTENTSNavigating Militant Waters Through Supression And Adversity 5

An Overview on the Criticisms of Children’s Literature 16

Dynamic Pricing 23

Game Theory as It Relates to Abortion in South Korea 34

Takao Ozawa vs. US 44

Consciousness 70

Role of Institutions in Economics 77

Scientific Management in Healthcare at the International Level 82

NavigatiNg MilitaNt Waters through supressioN aNd adversity

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Navigating Militant Waters Through Supression And Adversity

Allen Park The Loomis Chaffee School

Introduction

Aung San Suu Kyi is the current state counsellor of Myanmar, a position which was created especially for her, as well as a Nobel Peace Prize winner. 12 Called an Angel by her fellow citizens, she remains one of the most influential women in Asian politics.34 The following essay highlights how Aung San Suu Kyi harnessed the violence of Myanmar’s past and her own personal family his-tory to step onto the national political stage. It demonstrates how she continually risked her life and her relationships with her family in order to secure democracy, peace and prosperity for the people of Myanmar. Despite facing the full force of the military, Aung San Suu Kyi made great sacrifices to stand up to history.

Personal Politics & Personal Sacrifices

Although she resided in India for much of her early life,5 Suu Kyi’s familial history is inti-mately tied up with the history of her country. Her father, General Aung San, was a national inde-pendence hero, 6 and her mother served as the nation’s ambassador India. However, Suu Kyi’s life was irrevocably changed when her father was assassinated when she was only two years old. 7 Her

1 “Aung San Suu Kyi - Nobel Lecture,” Nobelprize.org, 2014, accessed October 10, 2016, https://www.nobelprize.org/nobel_prizes/peace/laureates/1991/kyi-lecture.html. She won the Nobel Peace Prize in 1991. However, she was not able to personally receive the award until 2012 due to her house arrest.

2 Aung San Suu Kyi and Fergal Keane, Letters from Burma (London, UK: Penguin Group, 2010).3 Gustaaf Houtman, “Mental Culture in Burmese Crisis Politics: Aung San Suu Kyi and the National League for De-

mocracy,” Institute for the Study of Languages and Cultures of Asia and Africa, 33, (1999).4 “ASEAN Member States,” One Vision One Identity One Community, July 1, 2016, http://asean.org/asean/ase-

an-member-states/.ASEAN refers to the following nations: Brunei Darussalam, Cambodia, Indonesia, Laos, Malay-sia, Myanmar, Philippines, Singapore, Thailand, and Vietnam.

5 Peter Popham, The Lady and the Peacock (New York; The Experiment, 2013), 180.6 When her father died in 1947 the country was still called Burma. 7 “Profile: Aung San Suu Kyi.” BBC Asia (BBC News), November 13, 2015, http://www.bbc.com/news/world-asia-pa-

cific-11685977.


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father’s assassination, her family’s history in politics, and the teetering political dynamics of Myan-mar during her own life encouraged her to begin her own political career.

In 1988, Aung San Suu Kyi entered national politics for the first time.8 Although she became a national political figure in her own right, she remained tethered to her family’s legacy. During her first public speech, she said, “I could not as my father’s daughter remain indifferent to all that was going on.” 9 Indeed, her father’s influence continued to show itself throughout her career. In an inter-view with the New York Times she said, “I don’t pretend that I don’t owe my position in Burmese politics to my father.” 10

Suu Kyi also followed in her parent’s footsteps in regards to the sacrifices she made for her own political career.11 Although she lost her own father to a violent politics at a young age,12 Suu Kyi sacrificed relationships with her own children and husband, particularly during the decade she spent under house arrest in Myanmar. 13 Her husband, an Englishman, resided in the United King-dom with her two sons. Although they tried to visit her, her family were denied visas by the military government.14 Even when she was free and her husband was dying of cancer, Suu Kyi did not leave Myanmar. Major political and religious figures campaigned on her behalf so that she might see her sick husband. President Bill Clinton and Pope John Paull II asked the military junta to let Suu Kyi’s husband enter Myanmar, but the junta denied his visa.15 The refusal of the military to provide a visa meant that she was unable to see her husband before he died from cancer. Still, Suu Ki did not leave because she knew that if she left, she might never be allowed to return. 16

Political Trajectory

Suu Kyi left India to study at St Hugh’s College at Oxford University in the United King-dom,17 where she later lived with her husband and two children.18 In 1988, she returned home to Myanmar to care for her mother, who was dying.19 The country she returned to was shaken by a

8 Josef Silverstein, “Aung San Suu Kyi: Is She Burma’s Woman of Destiny?” Asian Survey, 30, no. 10 (1990): 1007.9 “Southeast Asian Politics: Speech, Burmese Democracy,” Women in world history: Primary Sources, 2006, ac-

cessed September 3, 2016, http://chnm.gmu.edu/wwh/p/119.html. (This speech is also is also seen in Kyi’s book Freedom from Fear and Other Writings; See note 5.)

10 Steven Erlanger, “Aung San Suu Kyi Accepts Nobel Peace Prize,” The New York Times, Asia Pacific, August 22, 2014, http://www.nytimes.com/2012/06/17/world/asia/aung-san-suu-kyi-accepts-nobel-peace-prize.html?_r=0.

11 See note 10.12 “Remembering the Martyrs and Their Hopes for Burma” The Democratic Voice of Burma, July 19, 2013, http://

www.dvb.no/analysis/remembering-the-martyrs-and-their-hopes-for-burma/30028. Kyi’s father was assassinated on July 19, 1947.

13 Erlanger, “Aung San Suu Kyi Accepts Nobel Peace Prize”14 Whitney Stewart, Aung San Suu Kyi: Fearless Voice of Burma (Bloomington, USA; iUniverse, 2008), 97.15 Jesper Bengtsson, Aung San Suu Kyi: A Bibliography (Washington D.C.: Potomac Books, 2012), 183.16 Erlanger, “Aung San Suu Kyi Accepts Nobel Peace Prize”17 “Aung San Suu Kyi recalls ‘happy’ Oxford days,” BBC News, June 20, 2012, http://www.bbc.com/news/uk-

18521810. 18 “A Biography of Aung San Suu Kyi,” Burma Campaign, UK, January 18, 2017, http://burmacampaign.org.uk/

about-burma/a-biography-of-aung-san-suu-kyi/.19 Gianluca Mezzofiore, “Myanmar elections: It’s time for Aung San Suu Kyi to fulfill her destiny,” International

Business Times, November 7, 2015, http://www.ibtimes.co.uk/myanmar-elections-its-time-aung-san-suu-kyi-fulfil-her-destiny-1527562.


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military coup on September 18, 1988. Those who advocated for democracy quickly responded by forming the National League for Democracy (NLD) only a few days later on September 24. Despite only having arrived earlier that same year, Suu Kyi quickly became involved in the struggle for de-mocracy that had gripped the country. She was appointed General Secretary for the newly formed NLD Party.20

Using her position, Suu Kyi wrote an open letter to Myanmar’s military government asking that they create an independent committee so that the people of Myanmar could participate in free and democratic elections. 21 The government responded by creating a system where the military took control of presidential elections. However, Suu Kyi’s democratic ideals remained alive. In August of the same year, students, monks, and laborers participated in peaceful demonstrations in Myanmar calling for democratic elections. The protests would later become known as the 888 Uprising or the People Power Uprising.22 Protestors were met by government soldiers who followed orders ‘not to shoot upwards.’ 23 The result was a massacre, and somewhere between 3,000 and 10,000 protestors were killed while tens of thousands more fled the country. Still, Aung San Suu Kyi encouraged the people of Myanmar to “remain focused on their goal of success through discipline and unity.” 24

Pressure from democratic groups in Myanmar as well as international pressure from the UN, the United States,25 and Europe forced the military dictatorship to hold a general election in 1990.26 Suu Kyi campaigned hard for the NLD despite being under house arrest at the time. She was also not allowed to run for office. Although the military did its best to suppress democratic activists, in-timidate politicians, and control the media, the people were able to cast their votes. The people ulti-mately voted for the NLD, and the party won 60% of the vote and 80% of the parliamentary seats.27 However, the military did not recognize the election results, saying that the vote was to draft a new constitution not fill parliamentary seats.28

House Arrest

Like those who came before her, Suu Kyi faced many trials while campaigning. Each oppo-nent looked for a new way to prevent her from achieving political power or entering political office.

20 “A Biography of Aung San Suu Kyi,” Burma Campaign, UK, January 18, 2017, http://burmacampaign.org.uk/about-burma/a-biography-of-aung-san-suu-kyi/.

21 Jose Ramos-Horta. “Daw Aung San Suu Kyi, Nobel Peace Prize, Burma Freedom Fighter: United for Human Rights.” 2008. Accessed September 3, 2016. http://www.humanrights.com/voices-for-human-rights/daw-aung.html.

22 George Katsiaficas, Asia’s Unknown Uprisings (Oakland; PM Press, 2013), 84.23 Basanti Chakraborty. “Aung San Suu Kyi.” in A Critical Pedagogy of Resistance, ed. James Kirylo (SensePublish-

ers, 2013), 121-123.24 Gustaaf Houtman. “Mental Culture in Burmese Crisis Politics: Aung San Suu Kyi and the National League for De-

mocracy,” Institute for the Study of Languages and Cultures of Asia and Africa, 33, (1999).25 Rex Rieffel, “The Election in Burma: What is America’s Stake?” The Bookings Institute, October 5, 2010, https://

www.brookings.edu/blog/up-front/2010/10/05/the-election-in-burma-what-is-americas-stake/. 26 “A Biography of Aung San Suu Kyi,” Burma Campaign, UK, accessed January 18, 2017, http://burmacampaign.

org.uk/about-burma/a-biography-of-aung-san-suu-kyi/.27 “A Biography of Aung San Suu Kyi,” Burma Campaign, UK, accessed January 18, 2017, http://burmacampaign.

org.uk/about-burma/a-biography-of-aung-san-suu-kyi/.28 “Burma: 20 Years After 1990 Elections, Democracy Still Denied,” Human Rights Watch, May 26, 2010, https://

www.hrw.org/news/2010/05/26/burma-20-years-after-1990-elections-democracy-still-denied.


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She was placed under house arrest for the first time in 1989.29 The military issued an order saying her release was available only under the condition that she voluntarily left the country.30 However, she declined the offer. She chose to never leave the home that became her prison because she knew that if she submitted to their demands “the government would not allow her back into the country.”

31 She was not released from house arrest until 1995, and even then, her movements were watched and restricted by the government.32

Suu Kyi was active during the period when she was not confined to her home, but the battles with the junta over her freedom continued. The military attempted to prevent her from travelling around the country to meet her fellow party members. During one attempt to meet with colleagues in 2000,33 the military stopped her vehicle at the Rangoon river and effectively held them hostage. For several days, she and her travel companions had little to eat or drink, and they were forced to sleep in shifts. Even when European and American officials condemned the junta’s actions, the junta dis-regarded the international community.34 After nine days of being held in limbo by the military, two hundred soldiers arrived to escort her back to the capital. When she tried to leave again, the police met her at the train station and physically carried her off the train.35 She was placed under house ar-rest a second time in September after attempting to travel to Mandalay to meet with members of the NLD. She remained under house arrest for the second time until May of 2002.36 However, in May of 2003, she was put in prison after the NLD and junta clashed violently. She was released under the condition of house arrest in September of the same year. After years of seeing her sentence extended and appealing to the courts, Suu Kyi was finally released from house arrest in 2010.

Freedom and Politics

Suu Kyi was freed from house arrest for the final time in 2010. Yet, she was still barred from pursuing political positions. The military constitution in place forbade her from becoming president,

despite the fact that her party won eighty percent of the vote in the 2015 election.

Yet, several important changes occurred in the few years before and after Suu Kyi was finally and permanently free from house arrest. In 2008, a constitution was ratified to allow for a multi-par-ty democracy in Myanmar.37 Though, the military did not end its 22-year-long rule immediately. It

29 Josef Silverstein. “U.S. Is Backing the Wrong Horse in Cambodia; Burmese Fear and Terror.” Opinion (The New York Times), August 15, 1989, http://www.nytimes.com/1989/09/15/opinion/l-us-is-backing-the-wrong-horse-in-cambodia-burmese-fear-and-terror-839589.html.

30 Jose Ramos-Horta. “Daw Aung San Suu Kyi, Nobel Peace Prize, Burma Freedom Fighter: United for Human Rights.”

31 Steven Erlanger. “Aung San Suu Kyi Accepts Nobel Peace Prize.” The New York Times, Asia Pacific, June 16, 2012. http://www.nytimes.com/2012/06/17/world/asia/aung-san-suu-kyi-accepts-nobel-peace-prize.html?_r=0.

32 “Burma: Chronology of Aung San Suu Kyi’s Detention,” Human Rights Watch, November 13, 2010, https://www.hrw.org/news/2010/11/13/burma-chronology-aung-san-suu-kyis-detention.

33 Jesper Bengtsson, Aung San Suu Kyi: A Biography (Washington D.C.: Potomac Books, 2012), 185.34 Ibid, 186.35 Bengtsson, 186.36 “Timeline: Aung San Suu Kyi,” The Guardian, November 12, 2010, https://www.theguardian.com/world/2010/

nov/12/suu-kyi-timeline-burma.37 David Faehnle, “Burma in Transition: On the Path to Democracy,” luce.nt, 2015. Accessed December 29, 2016.

https://www.usnwc.edu/Publications/-Luce-nt-/Archives/2015/Winter-2015/Burma-in-Transition.aspx


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continued to run the country until November of 2010.38 Also, while Suu Kyi was forced to sit out the first two elections after she was finally free, she was elected to the country’s parliament in a landslide victory in 2012.39 Finally, in 2015, her party, the NLD, won the national elections.40 Thus, in March of 2016, the NLD and Suu Kyi were able to select her friend Htin Kyaw to be the next president of Myanmar. Kyaw remains a friend and advisor of Suu Kyi,41 and the pair have been close since childhood. Although it was clear that she would not be running the country officially, Suu Kyi told supporters on the campaign trail that she would “be above president.”42 Others agreed that even if she was not president, she would ultimately be in charge of the government. Though, the military has remained in de facto control.43

Commitment to Non-Violence.

Although Aung San Suu Kyi was inspired by her father and the political situation in Myan-mar, she was also inspired by activists around the world. Despite the violence she had witnessed from a young age and the violence used by the military, she followed a path of non-violence in the tradition of the American civil rights leader Martin Luther King Jr. and the Indian anti-war activist Mahatma Gandhi. 44 She also took notes from her mother who was a member of the Women’s Free-dom League and an international activist. 45

Activism and Human Rights

Though she has not officially been allowed to run the country, she has remained politically outspoken both in Myanmar and in the international community. As general secretary, she was a vocal advocate for political prisoners and spoke out against human rights violations. She appealed to the UN and approached international organizations for their support in her mission in ending the violence against her fellow citizens.

38 Lee Jones, “Explaining Myanmar’s regime transition: the periphery is central,” Democratization 21, no. 5 (2014): 780.

39 AFP, “Aung San Suu Kyi makes Burma parliament debut.” The Telegraph, July 9, 2012, http://www.telegraph.co.uk/news/worldnews/asia/burmamyanmar/9385863/Aung-San-Suu-Kyi-makes-Burma-parliament-debut.html

40 “Myanmar’s 2015 landmark election explained.” BBC News, December 3, 2015, http://www.bbc.com/news/world-asia-33547036.

41 Poppy McPherson and Aung Naing Soe, “Htin Kyaw: who is Myanmar’s new president?” The Guardian, March 15, 2016, https://www.theguardian.com/world/2016/mar/10/htin-kyaw-myanmar-president-electon-aung-san-suu-kyi-nld.

42 Oliver Holmes, “Suu Kyi plans Myanmar reconciliation government with role ‘above president.” The Guardian, November 5, 2015, https://www.theguardian.com/world/2015/nov/05/suu-kyi-plans-myanmar-reconciliation-gov-ernment-with-role-above-president.

43 Jennifer Duggan. “Burmese military still controls politics as reforms falter.” The Irish Times, February 6, 2015, https://www.irishtimes.com/news/world/asia-pacific/burmese-military-still-controls-politics-as-reforms-fal-ter-1.2093056.

44 “Profile: Aung San Suu Kyi.” BBC Asia (BBC News), November 13, 2015, http://www.bbc.com/news/world-asia-pa-cific-11685977.

45 Basanti Chakraborty, “Aung San Suu Kyi.” In A Critical Pedagogy of Resistance, ed. James Kirylo (SensePublish-ers, 2013), 121-123.


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Between her advocacy for her people and her prominence in Myanmar’s politics, she has been recognized internationally for her work. She was the recipient of the 1990 Sakharov Prize for Freedom of Thought, a prize given by the European Parliament. She was then awarded the Nobel Peace Prize in 1991 while she was under house arrest and was fighting for democracy and peace in Myanmar. She also received the Rafto prize (1990), the Simon Bolivar Prize (1922), the Jawaharlal Nehru Award (1993), and the Congressional Gold Medal (2008). Each of these prizes recognized her contributions to democracy and peace in Myanmar as well as the ideas of democracy, and peace around the world as well as celebrating her perpetual fight for freedom and dignity for all, despite the conditions under which she was held. Indeed, she was the first person to receive the Congressional Gold Medal award from the United States government while imprisoned, and she was only able to pick up the award in 2012, after she had been released.

Standing Up to History

Aung San Suu Kyi was more than a political activist advocating for free and fair elections in her home country of Myanmar. She is a clear example of standing up to history because she repeat-edly and knowingly stood up to the full force of Myanmar’s military so that she, her party members, and all her fellow citizens might one day improve their lives through establishing a democratic po-litical system. Not only did Suu Kyi stand up once, she stood up for democracy repeatedly knowing what could happen to her and her family. Suu Kyi’s work stretched further than the borders of My-anmar. It also inspired people around the world to support not only her as a leader but democracy as a global value.

Suu Kyi is important to history because she continued to fight for her country in a way that promoted peace rather than returning violence and oppression with more violence. She remains a strong advocate for peaceful political solutions even when one party is seemingly uninterested in cooperating or uses tactics. Indeed, she provides a meaningful and practical example for those living in oppressive regimes who want to transition to democracy. Suu Kyi has been able to take on the military government and not only survive but become the de facto leader of Myanmar. Her story proves that there is a peaceful way to prosperity even in the gravest political situations.

Conclusion

Aung San Suu Kyi is a woman known throughout the world for the resilience of her charac-ter and her achievements in advocating for human rights. One of the most prominent women in Asia, she remains a vitally important politician and activist in Myanmar. Even though the military and the constitution have prevented her from taking the office of the president, her aptitude and popularity have meant that she is still running the country that she loves; however, she must do so through a proxy. Despite facing the full, unrelenting force of the military, Aung San Suu Kyi has stood up and continues to stand for democracy in Myanmar and freedom around the world. In this way, she has definitively taken a stand in history, and the world has applauded her efforts.


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Annotated Bibliography

Primary Sources

2014. “Aung San Suu Kyi - Nobel Lecture.” Nobel Prize. Accessed October 10, 2016. https://www.nobelprize.org/nobel_prizes/peace/laureates/1991/kyi-lecture.html.

The article represents a report on and a video of the Nobel Lecture delivered by Aung San Suu Kyi upon receiving her Nobel Peace Prize in 2012.

2006. Southeast Asian Politics: Speech, Burmese Democracy. Accessed October 10, 2016. http://chnm.gmu.edu/wwh/p/119.html.

The web resource presents the context and the text of the speech “Speech to a Mass Rally at the Swedagon Pagoda,” which is also found in Suu Kyi’s book Freedom from Fear: and Other Writings.

Suu Ky, Aung San, and Philip Kreager. 1991. Freedom from Fear: And Other Writings. New York: Viking.

The source is a book containing the essay Freedom from Fear, written by Suu Kyi, as well as other essays. It is a book of collected political writings, including essays on politics and literature. It also contains her Nobel Peace Prize speech.

Suu Kyi, Aung San, and Fergal Keane. 2010. Letters From Burma. London: Penguin Group.

Letters from Burma is a book of letters and essays written by Aung San Suu Kyi, first pub-lished in 1991. BBC correspondent Fergal Keane wrote the introduction for the 2010 edition.

Secondary Sources

n.d. A Biography of Aung San Suu Kyi. Accessed January 18, 2017. http://burmacampaign.org.uk/about-burma/a-biography-of-aung-san-suu-kyi/.

The article posted on this internet resource dedicated to promoting democracy in Myanmar provides a brief overview of Aung San Suu Kyi’s political career. The article outlined the time she spent under house arrest.

AFP. 2012. “Aung San Suu Kyi makes Burma parliament debut.” The Telegraph, July 9. Ac-cessed December 29, 2016. http://www.telegraph.co.uk/news/worldnews/asia/burmamyan-mar/9385863/Aung-San-Suu-Kyi-makes-Burma-parliament-debut.html.

The news article provided was written after Suu Kyi won the parliamentary elections in Bur-ma. It provides a relevant account of her political activities after house arrest.


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2016. ASEAN Member States. July 1. Accessed October 10, 2016. http://asean.org/asean/ase-an-member-states/.

The web resource represents the official list of member nations of the ASEAN area, as pro-vided by the Association of Southeast Asian Nations. It also provides factual information on political facts including head of state.

BBC Asia. 2015. “Profile: Aung San Suu Kyi.” November 13. http://www.bbc.com/news/world-asia-pacific-11685977.

The news article provides an overview of Aung San Suu Kyi’s political career. Information provided includes her familial influences, early political life, details of her house arrest, and a brief account of the 2015 national elections.

BBC News. 2012. “Aung San Suu Kyi recalls ‘happy’ Oxford days.” June 20. Accessed January 19, 2017. http://www.bbc.com/news/uk-18521810.

The news report from the BBC was written on a visit Suu Kyi made to Oxford. The visit was after her release. In the article, she details her account of her memories of living in Oxford.

BBC News. 2015. “Myanmar’s 2015 landmark elections explained.” December 3. http://www.bbc.com/news/world-asia-33547036.

The news article describes the 2015 national elections in Myanmar. It covers the results, im-plications, and includes political commentary on the NLD and the military.

Bengtsson, Jesper. 2012. Aung San Suu Kyi: A Biography. Washington, D.C.: Potomac Books.

Bengtsson’s biography provides an account of Suu Kyi’s life from her early years to present. The book was written from the perspective of the author’s time working in Burma as a jour-nalist with Reporters without Borders.

2010. “Burma: 20 Years After 1990 Elections, Democracy Still Denied.” Human Rights Watch. May 26. Accessed January 19, 2017. https://www.hrw.org/news/2010/05/26/burma-20-years-after-1990-elections-democracy-still-denied.

An article by a human rights organization on the state of politics in Myanmar between 1990 and 2010. The article covers Suu Kyi’s role as well as the military government.

Chakraborty, Basanti. 2013. “Aung San Suu Kyi.” In A Critical Pedagogy of Resistance, 121-123. Sense Publishers.

The chapter is an overview of Suu Kyi’s political life. The chapter is situated within a book detailing the activities of 34 political pedagogues.

Duggan, Jennifer. 2015. “Burmese military still controls politics as reforms falter.” The Irish Times, February 6. Accessed December 29, 2016. https://www.irishtimes.com/news/world/asia-pacific/burmese-military-still-controls-politics-as-reforms-falter-1.2093056.

A news article on the recent elections in Myanmar and the NLD party’s attempt at reform. The article considers the continuing role of the military.


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Erlanger, Steven. 2012. “Aung San Suu Kyi Accepts Nobel Peace Prize.” The New York Times, June 16. http://www.nytimes.com/2012/06/17/world/asia/aung-san-suu-kyi-accepts-nobel-peace-prize.html?_r=0.

A news article in an international publication covering the Nobel event during which Suu Kyi claimed the Nobel Peace Prize over 20 years after it was awarded to her.

Faehnle, David. 2015. “Burma in Transition: On the Path to Democracy.” luce.nt. Accessed De-cember 29, 2016. https://www.usnwc.edu/Publications/-Luce-nt-/Archives/2015/Win-ter-2015/Burma-in-Transition.aspx.

A journal article written from the American perspective on Myanmar’s elections, reforms, and the role of the military in country. The article was written within the context of the United States Navy and its perspectives on United States national security.

Holmes, Oliver. 2016. “Suu Kyi plans Myanmar reconciliation government with role above president.” The Guardian, November 15. Accessed December 29, 2016. https://www.theguardian.com/world/2015/nov/05/suu-kyi-plans-myanmar-reconciliation-govern-ment-with-role-above-president.

A news article reporting on the speculation of Suu Kyi’s role in the new government. The article is supported by quotes from Suu Kyi herself, who speculated on the state of the coun-try’s constitution.

Human Rights Watch. 2010. “Burma: Chronology of Aung San Suu Kyi’s Detention.” November 13. Accessed January 19, 2017. https://www.hrw.org/news/2010/11/13/burma-chronolo-gy-aung-san-suu-kyis-detention.

An article written by the political organization Human Rights Watch outlining when, where, and why Suu Kyi’s periods of detention took place and how long they lasted in chronological order. The article covers her life from 1988 onwards.

Jones, Lee. 2014. “Explaining Myanmar’s regime transition: the periphery is central.” Democrati-zation 21 (5): 780-802.

A peer-reviewed scholarly article written in an attempt to highlight and explain the 2010 elec-tions in Myanmar. The article suggests that the government transition was not a reflection of genuine or lasting peace in Myanmar.

Katsiaficas, George. 2013. Asia’s Unknown Uprisings. Oakland: PM Press.

A book dedicated to the various popular uprisings in Asia by an author who has written elven books on social movements and uprisings. A chapter dedicated Myanmar covers independ-ence from the British occupation through the present period.

McPherson, Poppy, and Aung Naing Soe. 2016. “Htin Kyaw: who is Myanmar’s new president?” THe Guardian, March 15. Accessed December 29, 2016. https://www.theguardian.com/world/2016/mar/10/htin-kyaw-myanmar-president-electon-aung-san-suu-kyi-nld.

A news article by the Guardian speculating on the new president of Myanmar, his relation-ship with Suu Kyi, and Suu Kyi’s role in the new administration.


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Mezzofiore, Gianluca. 2015. “Myanmar elections: It’s time for Aung San Suu Kyi to fulfill her destiny.” International Business TImes, November 7. Accessed January 19, 2017. http://www.ibtimes.co.uk/myanmar-elections-its-time-aung-san-suu-kyi-fulfil-her-desti-ny-1527562.

Popham, Peter. 2013. The Lady and the Peacock: The life of Aung San Suu Kyi. New York: The Experiment.

The book is a biography of Aung San Suu Kyi written by an independent foreign correspond-ent who frequently contributes news articles on Myanmar’s politics. The author went under-cover in Myanmar to research the biography after being deported from Myanmar in 2010.

Ramos-Horta, Jose. 2008. “Daw Aung San Suu Kyi, Nobel Peace Prize, Burma Freedom Fight-er: United for Human Rights.” Human Rights. Accessed September 3, 2016. http://www.humanrights.com/voices-for-human-rights/daw-aung.html.

A short internet biography entry under “Champions of Human Rights” by the political or-ganization United for Human Rights covering Suu Kyi’s political career from 1988 onwards.

Rieffel, Rex. 2010. “The Election in Burma: What is America’s Stake?” The Brookings In-stitute, October 5. Accessed January 19, 2017. https://www.brookings.edu/blog/up-front/2010/10/05/the-election-in-burma-what-is-americas-stake/.

An online article published by a political research institute outlining America’s interest in Burmese politics since the 1990s, including American efforts to push Myanmar towards de-mocracy.

Silverstein, Josef. 1990. “Aung San Suu Kyi: Is She Burma’s Woman of Destiny?” Asian Survey 30 (10): 1007-1019.

An academic article written for a peer-reviewed journal considering Suu Kyi’s role in Burma after the results of the 1990 national elections and its aftermath. The article speculates on whether she would change Myanmar’s political destiny.

1989. “U.S. Is Backing the Wrong Horse in Cambodia; Burmese Fear and Terror.” The New York Times, August 15.

An opinion article on US initiatives in south-east Asian politics written by an academic who had previously published work on Burmese politics.

Stewart, Whitney. 2008. Aung San Suu Kyi: Fearless Voice of Burma. Bloomington: iUniverse.

Written as a part of the Newsmakers Biographies series, the book is a biography of Suu Kyi, including her personal life, her return to Burma, and her role in global politics.

The Guardian. 2010. “Timeline: Aung San Suu Kyi.” November 12. Accessed January 18, 2016. https://www.theguardian.com/world/2010/nov/12/suu-kyi-timeline-burma.

A timeline compiled by contributors from the Guardian and published on the Guardian’s online news site. The timeline covers key dates in Aung San Suu Kyi’s life and political life from her birth in 1945 up to 2010.


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Zarni, Maung. 2013. Remembering the martyrs and their hopes for Burma. July 19. Accessed October 10, 2016. http://www.dvb.no/analysis/remembering-the-martyrs-and-their-hopes-for-burma/30028.

An opinion article published by a news organization considering the 66 years since the death of Burmese nationalists and the legacy of British interests in the country. The author is an academic at the University of Malaya and edits the Journal of Democracy and Elections.

An Overview On the CritiCisms Of Children’s literAture

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An Overview on the Criticisms of Children’s Literature

By Ye Eun Lily Cho Global Vision Christian School

Abstract

This paper seeks to provide readers with an overview of contemporary criticisms of children’s literature. In the first section of the text, two major issues are outlined: First, children’s literature is too diverse to be classified as a genre due to the intersectionality of children readers. Second, there are few distinct differences between literature for children and adults and most differences intend to perform a given function, such as readability for non-English speakers. The paper goes on to identify commonalities among children’s literature, such as moral lessons, brightly colored illustrations, eas-ily understood plots, and relatable characters. Then, a number of criticisms are outlined, such as the inability for children’s authors to truly understand children, the responsibility of an author to teach children about societal issues, and the ability for children’s books to subconsciously affect children’s thoughts and habits. By comparing studies from psychologists, authors, and scholars, a recommen-dation is offered, which states, notably, that those who seek to criticize children’s literature would be better off seeking to improve it rather than discussing its effects negatively.

Introduction

Early children’s literature critics focused on how children comprehend literature as a way to approve the most suitable books for children. Most scholars opted to interpret children’s literature based on the literary studies’ standpoint, thus, focusing more on the text rather than the audience. Before the nineteenth century, children seemed not to have their own books, as most authors targeted adult audiences (Ousby, 1996). Children’s books emerged in the nineteenth century, when authors, such as Jacob and Wilheim, gathered folk and fairy tales, which they later narrated and combined into various children’s books (Tunnell & Jacobs, 2013). Most scholars who criticize children’s lit-erature often argue that children cannot be categorized into a single group since they differ in terms of gender, religious beliefs, color, ethnicity and cognitive abilities. This is well articulated by Mol and Jolles (2014) who endeavored to explicate how boys and girls recite and comprehend stories differently.


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Most scholars also hope that individuals who work with children are aware of how books are designed in connection to children. A good example is the finding that young foreign language learn-ers have lower targets of language experience; hence, they cannot enjoy adult literature (Cheetham, 2015). Criticizing children’s literature limits adults from teaching children poetry, since most adults believe poetry is too complicated for children to comprehend. Decisions on what is ethical and un-ethical for children’s development are usually triggered by neoliberal images of contented children (Cheetham, 2015).Adolescents usually choose to read adult books that echo with their lives, current situation and the future (Dredger, et al., 2014). Additionally, Gubar (2011) argues that most of the children’s literature is limited to children only, yet every individual, regardless of age, can still en-joy it. Nevertheless, it is crucial to note that criticism on children’s literature should only focus on how authors categorize children’s stories from adults’ literature rather than why children’s literature should be isolated from the adult literature. This paper, therefore, presents a critical discussion of the criticisms that have been advanced with respect to the contemporary children literature

Understanding Children Literature

Children literature is majorly classified into two approaches; genre or the target age of the reader. Critics of children literature have to establish the genre of the text and if it suits the intended audience from the writing point. Bani-Khair (2016) retaliates that the concept of childhood or chil-dren literature, that is a separation of children from other forms of literature, began in the 18th cen-tury. However, major attention was turned to children in terms of literature in the 19th century. The two brothers Grimm Wilhelm and Jakob Grimm are credited for the introduction of brightly colored books that were given as gifts to children. This marked an improvement in the quality of books for children, the precursor to toy books as well as the diversification of the topics covered.

Bani-Khair (2016) mentions Jean-Jacques Rousseau as the philosopher who contributed im-mensely to the development of children literature through his argument that children are supposed to grow naturally and joyously. There was a great interest in children literature by this time where philosophers and scholars spent a considerable amount of time garnering fairy tales, folk tales, and traditional stories to feature in children literal books. Tunnel and Jacobs (2013) surface an in-teresting aspect where these scholars narrated the fairy and folk tales they had collected as theirs; however, they played a primal role in enriching children literature. The first half of 19th century was categorized as adventure fiction as a genre for young children. For instance, authors such as Johann David Wyss created The Swiss Family Robinson (1812) and Frederick Marryat The Children of the New Forest (1847). A common characteristic of the adventure fiction is that it could also cater for the adult audiences. This literal form was extracted from adult context and shaped to resonate with the young ones. For example, Robert Louis authored Treasure Island which was a pirate story that could be read by the older audience.

In the mid 19th century, children literature expanded and accommodated various features as a way of resonating with the intended audience. Rudd (2010) acknowledges that books began to be more humorous, child-oriented, and even more attuned to how children created their imaginations. The development of the content of the text in children literature was basically cultivated by the crit-ic it received from various perspectives. For example, Alice’s Adventures in Wonderland (1865) by Lewis Carroll was a fantasy story that aimed at capturing the imaginative and empathetic features among children. Critics considered this book as an English masterpiece for children opening the


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First Golden Age for children literature introducing fantasy as a writing style in children texts (Mol & Jolles, 2014). Lewis Carroll triggered the emergence of children fantasy literature with authors such as Edith Nesbit, Kenneth Graham, and Pamela Travers took this path (Rudd, 2010). A Fairly Tale for a Land Baby (1862) by Reverend Charles Kingley is another example of fantasy classical that put British literature among the pioneer of children literature.

Libri and Liberi (2013) believe that the function of literature is to elicit human motives for what they are and inviting the reader to resonate or react to the fictional character. This argument has been relied heftily on crafting children literature in the 20th century as for young children, they have had little experience about life, and literature functions as an eye opener to new possibilities and reality of life through the story narrated by the fictional character. Bani-Khair (2016) affirms that children literature continued to be understood from varying perspectives even into the 20th century. Children literature in the 20th century according to Klein (2002) perambulated around various primal issues such as philosophy, race, gender, and religion but converges to one primal aspect of construct-ing childhood among children.

Libri and Liberi (2013) noted that children literature in the 20th century was concerned on the enlightenment of children rather than the romantic discourse. It opened up more to realism to the world as it occurred in children. As observed, children literature in this period focused on issues that had gained attention in the society. McCabe et al. (2011) ascertain that the aspect of gender disparity was a central factor in the United States and the whole world. In fact, the authors note that gender disparity has diminished over time based on the actions taken throughout the 20th century. According to McCabe et al. (2011), sensitization has taken precedence as a way of ensuring that gender plight is addressed. Gender disparity also featured in the 20th-century children literature as a way of showing young girls that they had a role to play in alleviating the plight facing women as a whole.

Children books authored before the 20th century showed that women were underrepresented and also had minor responsibilities and titles. McCabe et al. (2011) noted that the situation changed abruptly as drawings on Children’s Catalog 1900-1984 showed the most equality. Libri and Liberi (2013) cite Singinens Geschichten [Singine’s Stories] by Paula Dehmel for initiating stories narrated by a child and the value of the judgment is left to the child without adult interference. The stories revolved around issues affecting the children but they incorporated an appealing style for the chil-dren. Libri and Liberi (2013) observe that the social revolutions that were witnessed in the 1960s made authors change course in the children literature by addressing subjects that were previously considered controversial such as alcoholism, divorce, race, and death in what was known as the New Age of Realism. For instance, Robert Cormier wrote about terrorism in his book After the First Death (1979) and Peter Dickinson who explored the global conflict in his novel Third World (1990).

Notable Criticism of Contemporary Children Literature

Contemporary children literature has faced criticism over a number of facets throughout the decades. Literary criticism is therefore defined as the discussion of literature that is made for the pur-poses of interpreting its meaning and evaluating its quality. One of the areas that critics of children literature focus on involves the pervasive artistic complexity and mindfulness that has obscured the original purpose of passing a message to the children through literature. Nikolajeva (2016) asserts that the current children literature is concerned with scholarly attention as opposed to the essential-ism of childhood. This implies that children literature previously focused children fiction through


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psychological hierarchies, sexual orientation, and future projection of their purpose in life. On the contrary, current literature is more of literary studies such as ecocriticism, post humanism, disability agenda, and other issues that reflect the children physicality and the surrounding environment. Niko-lajeva (2016) feels that childhood in the current children literature projects adult interiority through the topics and issues covered. It is becoming challenging to pinpoint issues that perambulate around children as they also seem relevant to the adults.

Beauvais (2013) noted that various scholars have lifted content from adult normativity fail-ing to address children values in their texts. Actually, Nikolajeva (2016) feels that this trend reflects the complexity, plurality, and ambiguity in the understanding of childhood and how it is reflected in fiction for young audiences. Nel and Paul (2013) agree with these assertions saying that the current childhood literature is much concerned with the issues affecting the society as opposed to allowing the development and growth of children. As pinpointed earlier by Bani-Khair (2016), phi-losopher Jean-Jacques Rousseau propagated for children to grow naturally and joyously that is why the 19th-century literature was awash with colors, drawings, and magical occurrences. Nel and Paul (2013) understand that more mature topics such as neocolonialism, sex, slavery among others have been adopted in children literal world. In light of this, Nikolajeva (2016) looks at children literature with a special focus towards the materiality and how it has changed in comparison to the previous centuries. There is a general feeling that children literature has swerved from essentialism to a ma-terial that is complex and ambiguous for the young audience.

Gubar (2011) also agree that there is a transformation in critical theory used in teach-ing children. Literary scholars agree that post-modern theory aligns with the interpretations incor-porated in the children literature. Scholars in children literary studies argue there is the need for a transition from putting much emphasis on the text but the interplay between the reader and the text. The primal argument according to Cheetham (2015) is that authors should focus on the interaction between texts and readers for better understanding and contextualizing of issues. This would ulti-mately play a role in helping children in social constructiveness of readers and the implications of the discourses surrounding fiction in the development of response. Children literature authors should allow their text mediate the interaction between fiction and the realism in the children world. Gubar (2011) among other critics feel that children literature has focused much on text emphasis, language depth, literal prowess rather than developing the understanding among these young audiences.

Critics such as Bruno Bettelheim embraced psychoanalysis in evaluating the impact of fairy tales on the developing of a child. According to Bettelheim, children minds are unconscious and are impacted by the ideas behind every story which shapes their perception and their development. Images from picture books help children in understanding the world they are living in. It is therefore critical for children to be exposed to stories that will develop their minds in the right direction. Kim-berley Reynolds (2014) puts emphasis on Bettelheim assertion by claiming that children literature should be constructed in the way that teaches a child how to behave and act as a child. There is a disconnect between the current children literature and creating a childhood impact. Reynolds et al. (2014) argue that contemporary children literature is teaching children on how to think critically to-wards oppressive ideologies other than encouraging them to grow in neutral grounds. Reynolds et al. (2014) claim that parents and educators have taken the role of making judgments for their children as they grow aligned to a particular direction.

Seligman and Csikszentmihalyi (2014) propagates for positive psychology in such instances where an author gives a personal story that touches on various issues and children are left with the


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role of replicating the story in realism; even later in life. Seligman and Csikszentmihalyi (2014) feel that antique childhood literature such as the fantasy classical gave stories that had a hidden lesson that children had to fathom and cultivate behaviors from the lesson learned. Nel and Paul (2014) assert that the current literature is construing children in behaving in a certain way. The authors assert that educators and guardians should trust the children in making judgments; hence, children literature should remain neutral.

Serafini (2012) on the other hand hold onto the view that teachers and facilitators should be acquainted with knowledge regarding children literature. This involves understanding the genres, cradle of literature, various literature authors, and the trends in literature meant for children. In the view of Serafinin (2012), various children literature authors, facilitators, and educators in the modern era do not have adequate information regarding children literature. This makes their work wanting and at some point ineffective in offering support to the young audience. Equipping oneself with such kind of knowledge catapults their support towards educating children and understanding various dynamics in children literature. Teachers who have such information are better positioned in making informed decisions and facilitating class work. Serafini (2012) subjects lack such knowl-edge to the failure by the teacher in offering adequate support during discussions and class works. Therefore, cultivating diverse and broad information and knowledge is a fundamental requirement in the development of children literature as observed by Serafini (2012).

However, some critics defend the current trends in the realm of children literature. Some scholars argue that childhood is a culturally constructed concept; hence, there should be no restric-tion on what kind of literal texts they consume. For instance, Tesar (2014) asserts that decisions on what is ethical and unethical for children are stimulated by neoliberal images of children. Tesar (2014) avers that there are situations where government agencies conceptualize happy and con-tented children based on political constructs and technologies which are not the case. This implies that feeling of contention is based on what the interest groups have elicited to the target audience. Similarly, literature can be conceptualized to be addressing childhood due to what literal studies have established but it is not the real case. Moving on, critics such as Debra Audsale established that children as little as 3 years had already started experiment race ideologies of the adult world. She claimed that racial attitudes are assimilated from the environment that children grow in. Audsale, therefore, claims that children literature should be used in deconstructing the racial disintegration that has been assimilated from the environment. This implies that it is right for authors to deviate from traditional writing styles and incorporate social issues that are entangling adults in the children literature. In fact, Dredger et al. (2014) claim it is a matter of time before children become adults. This is why scholars such as Gubar (2011) argue that children literature authors are not targeting a particular age-group.

Recommendations

Contemporary children literature has been described as generally ambiguous, pluralism, and also inhibiting the natural development of children. Comparatively, childhood literature in the 19th century focused on the magical and colorful world that sparked children imagination. It was bom-barded with fairy tales and folk tales that could tell a fictional story to the young audience. In the contemporary literature, issues are explained from a psychoanalytic perspective as opposed to the fictional theories in traditional children literature. Various scholars agree that psychoanalysis is


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complex and challenging for children to unravel the world. It diverts from the pertinent importance for children literature which is to mediate the interaction between the child and their environment. Based on these observations, this study delineates some recommendations that will guide the aspect of children literature in the future.

It is recommendable for scholars not to fault or have a negative perception towards children literature but instead work towards improving it. It is clear from the scholars defending the contem-porary children literature that childhood is cultural construction. This implies that childhood is not a basic stage that should be considered in the development of literal texts. Others feel that children literature has lost touch with the issues facing the world thus it is not important. These are mis-construed perceptions that only derail the betterment of children literature; hence, scholars should refrain from negative attitude but work towards compacting children literature.

Secondly, there is a dire need for establishing a veil between adult and children literature as observed in this study. Most of the critics identified are perturbed by the fact that children liter-ature has been marred by mature content that does not resonate well with children. Young readers are struggling to glimpse the context laid out in contemporary literature but their efforts come to naught. As observed in the study, children are being coerced into thinking critically and addressing oppressive ideologies in the society at a tender age. This can be attributed to the merging of adult and children content in literature. It is therefore highly advisable for stakeholders to move in haste and separate children literature from adult literature.

Lastly, children literature should be conveyed in a procedural criterion that allows sequential acquisition of information. The most effective way of passing knowledge is by letting learners un-derstand the simple context that will aid them to fathom complex issues. This implies that children literature should target particular age-group to allow them to learn complex issues as they grow up as opposed to being bombarded with everything simultaneously. For instance, if a three-year-old child enjoys irony, authors should maximize the use of irony as a stylistic device for the content targeting three years old. In this respect, a gradual instruction to adult literature is necessary for children’s cognitive development. Therefore, the bottom line is that criticism on children’s literature should focus on how authors should split children’s stories from adults’ literature.

References

Bani-Khair, B. (2016). Then and now: Approaches to understanding children literature in two vol-umes. Advances in language and literary studies. 7:3

Beauvais, C. (2013). The problem of ‘power’: Metacritical implications of aetonormativity for children’s literature research. Children’s Literature In Education, 44(1), 74-86.

Cheetham, D. (2015). Extensive reading of children’s literature in first, second, and foreign lan-guage vocabulary acquisition. CLELE Journal, 3(2).

Dredger, K. S., Horst, P. H., Martin, J., & Williams, M. S. (2014). Harnessing the participatory nature of adolescents today: New literacies and young adult literature.Educational Practice and Reform, 1(1).

Gubar, M. (2011). On not defining children’s literature. PMLA, 126(1), 209-2016.


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Klein, G. (2002). Reading into racism: Bias in children’s literature and learning materials. New York, NY: Routledge.

Libri, H. & Liberi (2013). Children’s literature in Europe at the start of the 20th century and the in-tellectual place of ivana brlić-mažuranić’s children’s story čudnovate zgode šegrta hlapića. Hans. 2(2): 179-186

McCabe, J. et al. (2011). Gender in twentieth-century children books: Patterns of disparity in titles and central characters. Gender & Society. 25: 197

Mol, S. E & Jolles, J. (2014). Reading enjoyment amongst non-leisure readers can affect achieve-ment in secondary school. Frontiers in Psychology, 5.

Nel, P. & Paul, L. (2013). Keywords for children’s literature: Mapping the critical moment. Jour-nal of Barnboken. 36(1)

Nikolaveja, M. (2016). Recent trends in children’s literature research: Return to the body. Interna-tional research in children’s literature. 9(2): 132-145

Ousby, I. (1996). Cambridge paperback guide to literature in English. New York: Cambridge Uni-versity Press.

Reynolds et al. (2014). Modern children’s literature: An introduction. (2nd ed.) Houndmills: Pal-grave Macmillan.

Serafni, F., & Layne, S. (2013). Looking at children’s literature from two perspectives. Reading Teacher, 66(7), 554-557.

Tesar, M. (2014). My feelings: Power, politics, and childhood subjectivities. Education philosophy and theory. 46(8)

Tunnell, M. O., & Jacobs, J. S. (2013). The origins and history of American children’s literature. Reading Teacher, 67(2), 80-86.

Dynamic Pricing

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Dynamic Pricing

WooSeok Chung Seoul International School

Introduction

The cost of goods and services is a popular topic of conversation among both businesses and consumers. Are prices too high or too low? And who are those prices too high or too low for? These questions have only intensified in the past 30 years because retailers and service providers have tran-sitioned from a position where prices are permanently fixed to a position where prices are dynamic. Today, the price of an item, typically an item sold on the internet, can change multiple times a day. Indeed, the price may not even be the same for two people looking at the same item, on the same website, at the same time. The advent of big data and data analytics can consider anything from the date to consumer behavior to the weather forecast for a zip code to determine how to price a single item.

The change in pricing strategy is called dynamic pricing. Dynamic pricing is said to be used anytime a seller considers the impact of their pricing over the long term (Seetharaman, 2009). Dy-namic pricing may bring a price up or down and it may change raise and lower a price on the same day. It allows businesses to react and reflect upon market changes and allow them to capitalize on conditions that might favor higher prices or lower prices. However, dynamic pricing is also the sub-ject of criticism. While some consumers can use it to buy products or services at the best available prices, others are the victims of what appears to be price gouging, which hurts reputations and can even cause formal investigations.

The question remains: is the advent of dynamic pricing good or bad? The following paper will argue that dynamic pricing is a positive change for both businesses and consumers as long as it is used to offer fair prices to consumers. The paper will begin by providing an overview of dynamic pricing and exploring strategies for using it. Next, the writer will consider the advantages and dis-advantages of dynamic pricing. Finally, a case study of the airline industry and how it uses dynamic pricing will be deployed to show how dynamic pricing operates in the industry that pioneered it.

Pricing: Assigning Value to Goods

The way businesses or merchants create prices for products has changed over time. Until the 1600s, most transactions took place through bartering or haggling between buyers and sellers. In the 1600s, merchants began to use what is called fixed pricing (Phillips, 2012). The development of

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fixed pricing is often attributed to the Quakers of England. George Fox, an influential early Quaker, wrote a 1658 tract titled A Warning to the Merchants of London. In it, he encouraged merchants in London from continuing to engage in haggling and to instead adopt a fixed price policy: a policy where a fair price was set and it would be what the consumer paid (Phillips, 2012).

Fixed pricing began to take off in the retail market by the nineteenth century. In the United States, it was first deployed in a dry-goods store owned by A.T. Stewart (Phillips, 2012). The advent of the department store in Paris also led to fixed pricing across Paris. By the 1860s, fixed pricing was the dominant form of pricing goods in major European and U.S. cities and it was beginning to spread. A “one-price policy” would become the dominant form of pricing any retail good; though, haggling and bargaining still existed on the premises of smaller merchants (Phillips, 2012).

The fixed pricing model would remain a critical component of the business model of many retailers until the mid-twentieth century. However, the advent of computers and the de-regulation of airline prices would change that. A new system of pricing appeared in the 1980s, used first by Ameri-can Airlines (McAfee & te Velde). That system was far from fixed. Instead, it created a system where prices would change based on the movement of external factors. The system would come known as dynamic pricing.

What is Dynamic Pricing?

Dynamic pricing is also known as surge pricing, demand pricing, or time-based pricing. When a firm employs a pricing strategy that recognizes the future implications of their present pric-es, then dynamic pricing exists (Seetharaman, 2009). In fixed pricing, a price for goods or services is set based on the cost materials and labor and other internal factors, what competitors charge, and what the market will pay. Fixed pricing means the price will not change; discounts may be available and guarantees may be made, but the price itself does not fluctuate. Dynamic pricing leaves behind the fixed aspect of pricing. Instead, it changes as external factors change. However, it is at its most successful when there are two product characteristics found in the same product: product expiry and fixed capacity (McAfee & te Velde).

External factors are important for dynamic pricing because they are likely to change. De-mand is one external factor that changes for some products and services. For example, the market for Christmas trees is limited to a few weeks leading up to Christmas. At the end of November, demand begins to grow. As December arrives, demand for Christmas trees begins to snowball. As Christmas approaches, demand reaches its peak. But as of Christmas Eve, demand begins to fall. On the 26th of December, there is no longer any demand for Christmas trees because the holiday is over. Retailers could apply fixed pricing to Christmas trees. One retailer could charge $100 for every Christmas tree from the time he opens his stall until the end of the season. However, another retailer might use dynamic pricing; he might charge less for Christmas trees bought in November because the supply is high but demand is low, which would enable him to sell more Christmas trees. He could then raise his prices every week in the lead up to Christmas to maximize on the growing demand, especially if his supply begins to dwindle.

Demand is not the only factor affecting dynamic pricing. Other factors include competitor pricing. If the Christmas tree merchant using dynamic pricing in the previous example noticed that his competitors were selling trees at a fixed price at a much higher price, he could match their price

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or price his trees higher or lower. He could use his own floor price to make sure that he does not make a loss on the sale.

Dynamic pricing is most commonly used in the travel and hospitality industries, public transport, entertainment, electricity, and in retail, most notably on Amazon.com (Magloff). Howev-er, not all industries deploy dynamic pricing in the same way. Each industry uses different pricing strategies, which will be discussed in the following section. The pricing strategy chosen will match the industry’s own needs and flexibility.

Some wonder whether it is legal for a vendor to change its prices without warning because it means some customers will pay a high premium for a product or service while others will pay less. In fact, it is legal to charge customers different prices for the same good; loyalty programs work in precisely this way (Coble, 2015). Changing prices is only illegal as long as the price is not changed to affect factors like race: it is illegal to charge a Latino person more money for a product or service than a white person. It is also illegal to charge someone more money based on a person’s gender, na-tionality, race or religion. Dynamic pricing can also be illegal if the price change violates an antitrust law; prices need to be set so that competition can still compete at fair prices (Coble, 2015).

Indeed, dynamic pricing is legal, and it is difficult to prove that a company has violated antitrust laws in the online marketplace (Coble, 2015). However, whether it is legal or not, there is also a lack of immediate transparency in this kind of pricing strategy. As a result, some customers may find it annoying because it may mean seeing one price and then returning to find that the price has increased or decreased dramatically. Indeed, Peter Fader, Senthil Veeraraghavan, and Joseph Xu (2016) found that while dynamic pricing benefits companies, a well-set static price could perform just as well as a dynamic pricing strategy potentially because of the negative response that customers have to dynamic pricing. In a podcast discussing their paper, they suggest that if picking the “just right price” is as effective as dynamic pricing, then it begs the question regarding whether prices should be adjusted at all (Fader & Veeraraghavan, 2016). Indeed, one of the biggest questions relat-ed to dynamic pricing is related to Fader and Veeraraghavan’s question. One must wonder that if a well-placed price has the potential to be as effective as dynamic pricing, then who is in control of pricing? Indeed, another unsolved question asks whether people themselves should stress consist-ency or whether they should let the perceived market dictate what their prices should be (Forgacs, 2010).

How Dynamic Pricing Is Used

In dynamic pricing, prices are not changed manually. Instead, prices are changed using bots or software (Amadeus Dynamic Pricing). The bots collect external information, like time, date, competitor pricing, and weather, and compare it with internal information, like the minimum price and supply. Data is compared using an algorithm developed specifically for the business. The algo-rithm then uses the data to create a new adjusted price according to business rules.

The data taken into account is not only macro-information like dates and competitor pricing but even granular data. The advent of big data and big data analytics means that even customer be-haviors and customer attributes can be used in the algorithm to set prices for thousands of products and analyze the data they already have to implement the best prices available (Baker, Kiewell, & Winkler, 2014).

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Different Pricing Strategies

Dynamic pricing is the general term used to describe flexible pricing strategies. There are many different pricing strategies involved in dynamic pricing. Indeed, individual companies may even create their own customized pricing strategy. However, most pricing strategies fall into one of several categories including: segmented pricing, peak user pricing, service time, time of purchase, or changing conditions.

Segmented pricing strategy is based on the premise that some customers will pay more for a service or product (Shpanya, 2014; Magloff). Thus, the price can be set higher for them because they have a higher pain threshold in terms of price (Nagle, Hogan, & Zale, 2011). For example, airlines might use segmented pricing strategies in several ways. First, they may charge more for direct flights or those that arrive at their destination at the start of a business day. An airline may do this because those flights are more likely to be purchased by business travelers. Business travelers have expense accounts and do not need to pay for their flights personally, so they are less price averse as a group. This group of travelers are also willing to pay a premium to get where they need to go when they need to be there, i.e. arrivals before business hours on a weekday (Nagle, Hogan, & Zale, 2011). This method can also be seen in the retail market. For example, Apple have employed this strategy to its iPhone product creating a premium product available alongside its value product for consumers who are willing to pay more for higher-spec devices.

Peak user pricing is a pricing method that adjusts prices during the periods of highest use or when the inventory is in short supply (Shpanya, 2014). Doing so allows the business to maximize profit during the period of high-traffic (Nagle, Hogan, & Zale, 2011). For example, train travel may be more expensive between 8 and 9:30 AM and 5 and 6 PM because this is when most commuters will be using the train to travel to work and school. Thus, a rail company or transportation service may set the price at twice the level of the off-peak period to maximize on profit. Utility companies may also choose to charge more for electricity used between 9 AM and 6 PM because businesses will use more electricity during this period.

Service time is another dynamic pricing strategy. Charging for service time typically means charging for faster service or a faster delivery time (Magloff). For example, a courier service will charge more money for a same-day delivery than a next-day delivery. Other businesses may charge more for a service ordered after 3 PM for next day than they would at 9 AM. Doing so allows the business to act in a manner that maintains customer loyalty, i.e. getting a last-minute job done quick-ly, without cutting into their own operations or profit margins. Service time may be considered a fair way for businesses to provide better, faster service to customers who require it and are thus willing to pay for it.

The time of purchase strategy involves changing prices over periods of time to allow the prices to fluctuate to meet demand or mitigate loss (Magloff). An airline may use the time of pur-chase strategy to put a price on their seats (McAfee & te Velde). For example, the airline may raise the price of economy seats to match or even overtake the price of business class seats a week before the flight’s scheduled departure in an attempt to fill up an empty business class cabin. This allows the airline to ensure that it sells at least some of the business class seats without hurting the sales of economy seats because it lower the price of economy seats again after the cap on business class seats has been met.

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Penetration pricing is a form of pricing used by companies bringing a product into the mar-ket for the first time but are unsure of what price point to enter it at (Shpanya, 2014). It allows the company to enter the product at a lower price to encourage consumers to buy the new product. Then, they can raise the price as new versions of the item are released or as the product increases in popu-larity (Shpanya, 2014).

Advantages and Disadvantages of Dynamic Pricing

Dynamic pricing is used to move products or services not only when demand is high but when demand for the product is low. While it is true that customers do not always like dynamic pricing methods, they have come to accept its use among many industries. It is accepted among businesses and customers alike because it has both advantages and disadvantages that allow both parties to use the flexible pricing system to their advantage.

There are many advantages of dynamic pricing for businesses. It provides an opportunity to boost lackluster sales during slow periods (Ramanujam & Tacke, 2016). Improving sales is not only related to driving or stabilizing streams of revenue. It also allows businesses to continue moving forward rather than forcing them to remain stuck on their present trajectory. For example, moving inventory allows a business to not only move inventory faster, but it also allows them to iterate or invest in and eventually release new products that allow them to keep up with trends (Valentine, 2015).

Dynamic pricing also has the advantage of allowing businesses to focus on maximizing prof-it rather than minimizing loss (Ramanujam & Tacke, 2016). One way it allows this is by allowing for the agility to keep up with their competition in real time. A dynamic pricing system allows a business to raise or lower their prices based on what their top competitors are doing (Ramanujam & Tacke, 2016). It also does not require extensive research and approvals to do this. By including the data in the algorithm, the business can adjust their prices to boost their ability to successfully compete in the market while still profiting.

Dynamic pricing also boosts efficiency (Baker, Kiewell, & Winkler, 2014). The automation of prices allows a business to adjust their prices when needed without missing out on valuable exter-nal factors that may impact their pricing. It effectively allows a company to scan thousands of prices without needing to do it manually, which frees the firm up to focus on other issues like product in-novation or brand communications (Shpanya, 2014).

Finally, there is the advantage of the growth in profits. One study suggests that dynamic pricing allows businesses to boost their profits by 10 to 25 percent (Shpanya, 2014). According to Forrester Research, price optimization software can improve gross margins for a firm by 10 percent, but on average, dynamic pricing software and applications can boost a company’s profits by 25 per-cent (Valentine, 2015).

Disadvantages of Dynamic Pricing Strategies

While the advantages of dynamic pricing are important for businesses consider, these advan-tages must be considered in the context of the disadvantages that also occur with dynamic pricing.

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One primary advantage is the strategy’s potential to alienate customers (Hamel). While it has been previously noted that customers have accepted that dynamic pricing is a viable strategy for busi-nesses, it does have the potential to backfire when companies misuse it and create public relations issues that damage the company’s brand. For example, Uber is a famous user of dynamic pricing. It raises its prices during peak periods in an attempt to encourage more drivers to go online to deal with demand (Dholakia, 2015). While it sounds like a solid strategy for attracting supply to meet growing demand, it has made Uber few friends. In the aftermath of an explosion in the Chelsea neighborhood of New York City in 2016, scared potential riders were told demand was “off the charts” and surge pricing was in place (David, 2016). This was not the first time Uber’s algorithm has turned on price surging in the aftermath of a potential disaster. The same issue happened during the hostage crisis in Sydney in 2014 when Uber turned on surge pricing as people tried to flee the area during a standoff. Regardless of its intentions, Uber had to strike a deal with the attorney general of the state of New York to “limit surge pricing during a state of emergency” (David, 2016).

It can also backfire on companies that are heavily regulated. The derailment of Amtrak Train 188 was also complimented by an increase in plane fares over similar routes in the northeast (Mor-ris, 2015). Dynamic pricing meant that high demand with the same supply churned out prices that were in some cases four times more than the average fare in the northeast. The U.S. Department of Transportation also announced that it would be investigating the fares to see whether the airlines were guilty of price gouging (Morris, 2015). While airlines had already set their maximum fare into the algorithm before the crash and Delta said that it had lowered its maximum fare after the crash and the prices were set by computers to automatically detect demand not manually by executives hoping to profit from tragedy, the story still resulted in negative press and poor consumer reactions, particularly because those high prices followed a tragic accident.

A second disadvantage that is related to the first is that dynamic pricing may alienate cus-tomers who are not savvy shoppers or who have limited time to shop around (Hamel). While some customers can use dynamic pricing to determine the floor on the price and wait for that floor to arrive, other customers will feature behaviors that lead them to make immediate purchases or they will be in a position where the purchase they need to make is immediate (Valentine, 2015). It can alienate customers because it can lead to a customer significantly overpaying for a product because they purchased at the least inopportune time for the consumer. For example, if the floor price on a plane ticket from New York to Los Angeles is $350, but a customer needs to purchase the ticket on a day that the price has moved to $1,700, the customer will be over paying for the product by nearly $1,400. This price discrepancy can either drive customers away or can alienate them from returning, thereby impacting customer loyalty.

Dynamic pricing can also damage customer loyalty because if a customer encounters a price at its high point, then the price may be high enough to drive them to a competitor. Customer loyalty is important for businesses because repeat customers make up an important amount of the compa-ny’s business (Hamel). While businesses rely on one-time buyers to move product, they invest in loyalty so that they can rely on regular income even during off-peak seasons. However, the extent to which dynamic pricing might hurt customer loyalty is not established. According to Hallowell (1996), customer satisfaction is more directly related to loyalty than other factors, including presum-ably price.

There is also concern that businesses can employ the use of flexible pricing to engage in a price war (Valentine, 2015). This is an important concern because many companies admit to feeling

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an increase in price pressure due to low-priced competition from old competitors or new competi-tion. However, Ramanujam and Tacke (2016) suggest that price wars are often not the result of an actual war on prices or race to the bottom but in miscommunication between competitors. Thus, the fear of price wars can be abated when competitors take the time to not only adjust their prices but to understand the reasons behind competitor price changes and for teams to understand the negative impact of price wars (Ramanujam & Tacke, 2016).

Dynamic Pricing Case Study: Airlines

Airlines have been using computers to manage their operations since the 1950s. Programs were initially developed to track seat booking and fares. In 1978, airline pricing was deregulated, and these systems became used regularly for pricing (McAfee & te Velde). Indeed, it was the airline industry that is most often credited with creating dynamic pricing when American Airlines began to use it to respond to the growing prominence of People’s Express, a discount airline, in the early 1980s (Surowiecki, 2014). Because the airline industry is often credited for creating and transform-ing dynamic pricing, it makes sense to use the industry as a case study for the applications of dynam-ic price and how it impacts both businesses and customers.

How Airlines Price Their Product

Focusing on how airlines price their product often hones in on how the ticket fare evolves between becoming available for booking, through the booking period, and in the days before the flight’s scheduled departure (Alderighi, Gaggero, & Piga, 2017). According to McAfee and te Velde, prices are set based on the components related to the cost of selling a seat:

1. Cost of Service

2. Cost of not selling a seat on a substitute flight

3. Option of selling the seat later on the same flight (McAfee & te Velde)

The researchers noted that the first components remain relatively constant over time (McA-fee & te Velde). They are also more constant as the scheduled flight approaches. However, as the flight approaches, the third option moves to zero. Thus, based on these propositions, the price should fall before the flight takes off; it might not fall to its lowest price or to zero, but it should theoretically reach an optimal price. (McAfee & te Velde).

McAfee and te Velde create a study designed to collect data from seven different American airlines using the price tools Orbitz, Travelocity, and from the American Airlines proprietary web-site. They collected data on nine airport pairs: LAX and BUR to LAS; SJC and OAK to PDX. They collected the data every few days and data was sometimes collected two days in a row. They tested their data against five propositions including:

1. Prices fall as takeoff approaches

2. Prices are rising initially

3. Competition reduces variance of prices

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4. Prices change with each seat sold

5. Prices of substitutes are correlated

a. Substitute times/days

b. Substitute airports

However, their research and the propositions they placed them against were all violated by the data. For example, they found that prices would rise by $50 in the week before scheduled take off. That rise in price was on top of the rise from the previous week of $28.20. Thus, even though the first proposition, that prices should fall as takeoff approaches to minimize the risk of not selling the seat, was not true (McAfee & te Velde). Additionally, they found that competition, as noted in proposition three, did not correlate strongly with the variance in prices. Instead, there seemed to be a practice of using two prices generally and then introducing a third price prior to take off; thus, airlines do not seem to price their fares in response to competition. Though, their data did not always find this to be true. On some flights, the prices appeared to be almost randomized; American Airlines flight 1038 was found to have “remarkable variation” in price. In the final prediction, they suggested that the prices of substitute flights should be correlated, which relies on the hypothesis of consumer substitution. Using the airport pairing, the researchers attempted to see whether substitute airports would be matched in price. They found that this was not the case. There was not necessarily a strong correlation between different flights flying the same route (McAfee & te Velde).

The data from Williams (2013) paper supports McAfee and te Velde’s findings because it shows that dynamic price adjustment is a means of securing seats for consumers who are willing to pay more when they purchase close to the date of departure. Williams finds that even though con-sumers who purchase late will typically pay above optimum prices, using dynamic pricing comple-ments how the airline industry uses price discrimination because consumers who are not concerned with price, or who are price inelastic, are more likely to purchase closer to their date of travel. Pricing the tickets based on the date of purchase alone can lead to significant losses in revenue for airlines because it does not take into account how demand may work. Essentially, a business traveler will pay $400 for a $200 ticket to make a last-minute meeting, and the airline needs to be prepared to capitalize on this. But it should not over-charge early because it will miss out on leisure consumers who would not pay a higher price.

Indeed, to understand dynamic pricing in the airline industry, one needs to move beyond simply focusing on the period before the flight’s take-off. It also needs to include revenue manage-ment (Alderighi, Gaggero, & Piga, 2017). When the connection is made, then it is possible to see instances of dynamic pricing that are counter-intuitive or when the fare change does not reflect a recognized form of dynamic pricing (Alderighi, Gaggero, & Piga, 2017). In their wok, Alderighi, Gaggero, and Piga tracked over 37,000 easyJet flights between May 2014 and June 2015. They found that prices become more dynamic in the last eight weeks before the flight takes off; the price would go up and down in a similar manner. However, the price on their data set grew over the last three weeks before take-off. Their research found that airlines do not post a fare based on time but for available seats left on the flight as per revenue management. Indeed, their research supports the data from McAffee and de Vene’s study because it shows that the fare levels used by the carriers tend to be fixed throughout the booking level (Alderighi, Gaggero, & Piga, 2017). Sometimes a third level is chosen, but not always.

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Finally, understanding dynamic pricing in the airline industry also requires facing a major limitation, as mentioned by both Williams and McAfee and te Velde. The limitation that is unique to this industry is that of monopoly markets. The ability of airlines to deal with a scarcity of seats or of customers would possibly be reduced in a market where they are more competitive (Williams, 2013).

Case Study Takeaways

While it is not possible to fully understand precisely how airlines use dynamic pricing with-out seeing the individual algorithms used to set prices, it is possible to see how airlines set prices to both sell seats at the maximum prices to segmented customers. Criticism would still remain in the unpredictability of some flight prices, as seen in the data. But if airlines do use set prices, then it would theoretically be possible for savvy consumers to determine the floor and ceiling prices on a flight and be able to determine the optimum price on their own. Therefore, while airlines do sell flights at higher prices prior to takeoff, and that can have real world implications for elastic consum-ers who find themselves with a need to travel at the last moment, prices are generally set to provide both business and leisure travelers the opportunity buy tickets at a price that suits them without hurting airline profits.

Conclusion

Whether consumers gripe about it or not, dynamic pricing is here to stay. It also has real world benefits for both consumers and businesses. It allows a business to provide the best service possible to a customer without cutting into its own bottom line. Dynamic pricing also allows busi-nesses to continue to shift products during slow periods and keep up with competition in real time. The automation provided also boosts efficiency across the board. Indeed, dynamic pricing also bene-fits consumers because they may be offered or may discover reasonable prices on products they want or need based on market factors or even on their own behaviors.

The advantages of dynamic pricing are often weighed down by disadvantages because con-sumers like reliability. Data has shown that a well-adjusted static price can prove to be as profitable as dynamic pricing. Additionally, dynamic pricing has the ability to appear as price gouging if the algorithm goes unchecked; thus, while it is efficient, it cannot be left to fend for itself. However, these disadvantages can be overcome through careful messaging and consideration of consumer pressure points.

Overall, dynamic pricing is a positive development in the consumer market. Even when it has negative consequences, such as in the case of Uber, those consequences are not necessarily the result of the strategy itself as much as a fluke that can be manually adjusted firms. Dynamic pricing allows companies to maximize profits without alienating customers who are price elastic. Thus, dy-namic pricing does have benefits for all and can be said to be a positive move in the marketplace.

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Amadeus Dynamic Pricing. (n.d.). Retrieved from Amadeus: http://www.amadeus.com/web/am-adeus/en_1A-corporate/Airlines/Airline-Needs/Manage/Optimisation/Amadeus-Dynam-ic-Pricing/1319679622359-Solution_C-AMAD_ProductDetailPpal-1319637765525?indus-trySegment=1259068355670&level2=1332980613488&level3=1319616835815

Baker, W., Kiewell, D., & Winkler, G. (2014, June). Using big data to make better pricing deci-sions. McKinsey. Retrieved July 6, 2017, from http://www.mckinsey.com/business-func-tions/marketing-and-sales/our-insights/using-big-data-to-make-better-pricing-decisions

Coble, C. (2015, July 8). Is Dynamic Pricing Legal? Retrieved from FiindLaw: http://blogs.find-law.com/free_enterprise/2015/07/is-dynamic-pricing-legal.html

David, J. (2016, September 18). Uber hammered byp rice gouginga ccusations during NYC’s ex-plosion. CNBC. Retrieved July 6, 2016, from http://www.cnbc.com/2016/09/18/uber-ham-mered-by-price-gouging-accusations-during-nycs-explosion.html

Dholakia, U. (2015, December 21). Everyone Hates Uber’s Surge Pricing - Here’s How to Fix It. Harvard Business Review. Retrieved July 6, 2017, from https://hbr.org/2015/12/everyone-hates-ubers-surge-pricing-heres-how-to-fix-it

Fader, P., & Veeraraghavan, S. (2016). Is Dynamic Pricing a Hit? Philadelphia, Pennsylvania. Re-trieved from http://knowledge.wharton.upenn.edu/article/is_dynamic_pricing_a_hit/

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Nagle, T., Hogan, J., & Zale, J. (2011). The Strategy and Tactics of Pricing. New York, NY: Rout-ledge.

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Game Theory as IT relaTes To aborTIon In souTh Korea

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Game Theory as It Relates to Abortion in South Korea

By Eugene Serena Han Saint James School

Abstract

Once defined as a matter for the private sphere of families and couples, abortion has now become a crucial public debate in South Korea. Conservative politicians and religiously influenced stakeholders fight back against the demands of progressives, human rights activists, and women’s rights activists. Given the sociopolitical context in which abortion occurs, abortion can best be framed as a women’s rights, human rights, and public health issue. Giving women access to safe, legal abortions not only protects women’s reproductive rights and gives women agency over their bodies and decisions, but it also drastically reduces maternal deaths and complications that arise as a result of the botched clandestine abortions that women turn to when they have no other option. Women have a right to access safe, legal medical procedures like abortions, and to have their bodily sovereignty and reproductive rights protected by law. Game theory concepts, particularly chicken game theory, can be applied to the abortion debate in South Korea.

Introduction

The issue of abortion in South Korea has hardly been debated for several decades irrespec-tive of the fact that the whole process had been criminalized due to existing laws that govern the procurement of abortion. This criminalization of abortion has not only denied women bodily sover-eignty, the rights to make decisions about their own bodies, and their reproductive rights, but it also jeopardizes women’s health and safety since the absence of safe legal abortions means that women have to resort to risky illegal abortions. This has shed light on the topic of abortion, and more discus-sions are being conducted regarding the matter. To this end, South Korea, like many Asian nations, imported its legal system from Europe as part of a modernized program that allows nations to mod-ernize the behavior patterns of people within a short period of time.46 The developed laws came with a focus on abortion which is actually related to the reproductive rights of pregnant women, but who some—particularly conservative politicians and religiously influenced stakeholders—perceive to be

46 Berry, Jeffrey M., and Clyde Wilcox. Interest group society. Routledge, 2015.


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an immoral or unethical crime. Consequently, these attitudes have resulted in legislation that prohib-its abortion except under certain specific circumstances as outlined by the law. Given the widespread nature of the applications of game theory, it can be associated with the ongoing debate concerning the issue of abortion with a specific interest in how the government and legal institutions make de-cisions in the country and the manner in which the populace is being affected by said decisions. 47

There are approximately 340,000 abortions that occur annually in South Korea, whereas 440,000 childbirths are reported.48 The criminal code that was drafted in October 1953 banned abor-tion completely. Despite this, 81% of women showed positive opinions towards abortion in a survey performed in 1971 and medical professions wanted the government to legalize abortion. As a result, the Maternal and Child Health Law established in 1973 provided broad exceptions for the prohibi-tion. The code stated that abortion was allowed with the purpose to save a woman’s life, to preserve physical health, and to preserve mental health. Also, it was permitted if the woman gets pregnant by rape or incest, has economic or social reasons, or has a fetal impairment. There was one requirement though: a physician can only perform an abortion within 28 weeks of pregnancy.49

However, the law technically restricted the abortion by stating, “When the parents perform abortion by using any kind of chemicals/medication, they will be sentenced to a penal servitude for one year or less, or a penalty of up to 2 million won (about 2,000 USD)”, and that “Any doctors who operated or gave help for abortion will be subjected to a penal servitude for two years or less.”50

However, the laxity that has permeated the abortion laws has received widespread condem-nation from the country’s conservative part of the population.51 The government obliged and un-dertook a crackdown on abortion, which was condemned across the globe and within the country by women’s rights activists. In order to give credence to its campaign against illegal abortion, the government released data which stated that only 4% of the abortions conducted in South Korea met the exception’s threshold that was enumerated in the Maternal and Child Health Law of 1973.52 Ac-cording to reports, there are two camps that are behind the push to have a government crackdown on abortion. The first group is composed of government employees who support the crackdown in order to increase the fertility rate in the country, which was at 1.22%, among the lowest in the world.53 In addition, the calls for this crackdown have received backing from a group of obstetricians who have taken the position that it is incumbent upon the government to enforce abortion laws in South Korea. Whereas a majority of the obstetricians invoke religion as their reason for the opposition, some of their colleagues state that they are opposed purely on an ethical basis.54 Nevertheless, opponents of

47 Colman, Andrew M. Game theory and its applications: In the social and biological sciences. Psychology Press, 2013.

48 Wolman, Andrew. “Abortion in Korea: A human rights perspective on the current debate over enforcement of the laws prohibiting abortion.” J. Int’l Bus. & L. 9 (2010): 153

49 Mother-Child Helath Act, art. 14(Limited Permission of Induced Abortion Operations) in 6 CURRENT LAWS OF THE REPUBLIC OF KOREA 3456-4 (Korea Leg. Research Institute ed. 1992).

50 Press Release, supra note 4.51 Chung, W., 2007. The relation of son preference and religion to induced abortion: The case of South Korea. Journal

of Biosocial Science, 39(5), p.707.52 Kim, Daisy Yuha. “Bargaining Citizenship: Women’s Organizations, the State, and Marriage Migrants in South

Korea.” PhD diss., Johns Hopkins University, 2015.53 Lee, Mikyoung. “Korean Feminist NGOs’ Strategies for the Empowerment of Women and Social Change-Focusing

on the Anti-sexual Violence Movement.” Peace and culture 5, no. 1 (2013): 85-106.54 Hong, Margaret. “The Question of Child Abandonment in South Korea: Misplacing Blame on Personhood.” (2015).


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the abortions have demonstrated certain flexibilities by stating that the enforcement of the law could be based on amended versions of the original law. Abortion remains a highly contentious topic in South Korea as women struggle for their right to secure access to safe, legal abortions and thus de-fend their self-determination and bodily sovereignty.

By the year 2010, the government decided to track down the illegal abortions. According to the law, abortion was allowed for victims of rape or incest, women whose health could be in jeop-ardy due to pregnancy, cases where a fetus is suspected of having a genetic disorder and cases where a pregnant woman or her spouse suffer from a list of communicable or hereditary diseases.55 The government officials involved in the matter argued that closer observation was necessary. As a result, the percentage of abortion in 2009 was 1.22%, which was the second lowest in the world.56 Along with the government officials, non-religious groups opposed abortion on the basis of morality, while some opposed it due to religious reasons Cardinal Nicolas Cheong Jin-Suk said that abortion is the most serious human rights violation issue in Korea.57 On the other hand, many organizations such as Human Rights Watch support women’s rights to abortions, stating, “Governments should take all necessary steps, both immediate and incremental, to ensure that women have informed and free ac-cess to safe and legal abortion services as an element of women’s exercise of their reproductive and other human rights.”58 Likewise, women’s rights associations contend that legalization of abortion is a human rights issue, since women should be able to freely exercise bodily sovereignty without interference from state or religious institutions. Furthermore, access to safe, legal abortions is also a public health issue. For example, abortion was banned in Romania from 1966 to 1990, during which the rate of abortion-related maternal deaths per 100,000 live births grew from under 20 to over 120 by 1989, which was markedly high compared to other European nations. In 1991, the year abortion was legalized, abortion-related maternal mortality rate dropped by half.59 Therefore, lack of access to safe, legal abortions poses a serious and significant risk to women’s lives and well-being.

Human rights groups, citing various international human rights treaties that the Republic of Korea is party to, have remained steadfast in their belief that the country should slacken the rules regarding abortion. According to professionals, the rise of liberalization has simultaneously resulted in a rise in women’s ability to fight for their right to abortion.60 In addition, human rights groups’ support for abortion in South Korea is also anchored in the belief that allowing women to have a right to get abortion would allow them to reduce the population pressure that the country suffers from.61 Implicitly, human rights groups used the existing population pressure in the country to com-pel the government to institute measures that would allow women to determine whether they would

55 Wolman, Andrew. “Abortion in Korea: A human rights perspective on the current debate over enforcement of the laws prohibiting abortion.” J. Int’l Bus. & L. 9 (2010): 153.

56 UNITED NATIONS POPULATION FUND, STATE OF WORLD POPULATION 2009 88 (2009) (this figure re-fers to the total fertility rate, or the “number of children a woman would have during her reproductive years if she bore children at the rate estimated for different age groups in the specified time period” id. At 93-94)

57 Press Release, supra note 4.58 “Q&A: Human Rights Law and Access to Abortion,” Human Rights Watch, July 24, 2017, accessed November 20,

2017, https://www.hrw.org/news/2017/07/24/qa-human-rights-law-and-access-abortion.59 Rebecca J. Cook & Bernard M. Dickens, Human Rights Dynamics of Abortion Law Reform, 25 HUM. RTS Q. 1

20 (2003)60 Boyle, Elizabeth H., Minzee Kim, and Wesley Longhofer. “Abortion Liberalization in World Society, 1960–2009

1.” American Journal of Sociology 121, no. 3 (2015): 882-913.61 Kim, Doo-Sub. “The Demographic Transition in the Korean Peninsula, 1910-1990: South and North Korea Com-

pared.” Korean Journal of Population and Development 23, no. 2 (1994): 131-155.


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carry their pregnancies to term or not. The International Women’s Health Coalition (2008) declared that “a woman’s ability to exercise her rights to control her body, to self-determination, and to health depends, in part, on her right to determine whether to carry a pregnancy to term.”62 While critics have argued that the legalization of abortion has resulted in variations of the sex-ration at birth,63 human rights activists argue that the discrepancy should not be employed in order to prevent women from making decisions regarding their bodies. However, feminist rights groups posit that enforc-ing such laws will be tantamount to punishing women,64 sometimes for errors that may be beyond their control. For instance, the World Medical Association intervened as a response to anti-abortion legislation in Nicaragua, where it was subsequently repealed, thus protecting women’s rights in the country.65

Game Theory and Abortion in South Korea

The issue of abortion in South Korea is one that has generated numerous genuine and some-times controversial discourses from the country’s populace. Given the nature of the whole matter and the way it is viewed by varied groups, it has been given front-page coverage by national newspa-pers, and even academics and religious leaders have become similarly engrossed in the discussions concerning the issue. For this reason, there exist multifarious outcomes that each of the groups hopes to achieve should their position be adopted by the country. Interestingly, the government of South Korea has instituted legislations that guide the whole issue even as such efforts are not clearly pro-nounced. Most importantly, the matter of abortion in the country and whatever laws and decisions that are going to be made or have been made by the concerned parties fall under the purview of game theory as such resolutions will impact them. A clear example of the nexus between game theory and abortion in South Korea is drawn from a resolution that was undertaken in the year 1973. According to numerous scholars, the government’s decision to legislate the Maternal and Child Healthcare Act in the year 1974 was the turning point when it came to matters concerning abortion in the country. In the definition of the article, the law clearly postulates that its intention was to define abortable pregnancy as one that has not gone beyond six months or 24 weeks. The second article of the law states that

the term “pregnant, parturient and nursing women” means women who are pregnant or for whom it has not yet passed six months since their delivery.”66 Therefore, the letter and the spirit of the law, as it was, allowed doctors and consenting spouses to only procure an abortion in cases whereby the pregnancy was within the second trimester. Scholars have stated that this forms a clear application of the concept of game theory by the Korean authorities.

62 Boyle, Elizabeth H., Minzee Kim, and Wesley Longhofer. “Abortion Liberalization in World Society, 1960–2009 1.” American Journal of Sociology 121, no. 3 (2015): 882-913.

63 Poston, Dudley L., Julie Juan Wu, and Kim Han Gon. “Patterns and Variation in the Sex Ratio at Birth in the Repub-lic of Korea.” Development and Society 32, no. 1 (2003): 47-60. http://www.jstor.org/stable/deveandsoci.32.1.47.

64 Pae, Keun-joo Christine. “Western Princesses—A Missing Story: A Christian Feminist Ethical Analysis of U.S. Military Prostitution in South Korea.” Journal of the Society of Christian Ethics 29, no. 2 (2009): 121-39. http://www.jstor.org/stable/23562801.

65 Boyle, Elizabeth H., Minzee Kim, and Wesley Longhofer. “Abortion Liberalization in World Society, 1960–2009 1.” American Journal of Sociology 121, no. 3 (2015): 882-913.

66 Kim, Rosa. “The legacy of institutionalized gender inequality in South Korea: The family law.” BC Third World LJ 14 (1994): 145.


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Moreover, the above law as passed by Korean Parliament still possesses other clauses that are a reflection of game theory in the country’s battle against abortion. In Article 14 of the law, the gov-ernment enumerated the various circumstances that would provide justification for a woman and her spouse to procure an abortion. Further, this clause offers doctors justifiable grounds to conduct the procedure. The article also referred to as Permitted Limit of Induced Abortion Operation states that:

“The doctor may conduct an induced abortion operation with the consent of the woman her-self and her spouse (including a person having a de facto marital relation; hereinafter the same shall apply) only in the following cases: 1.Where she or her spouse suffers from any eugenic or genetic mental handicap or physical disease as prescribed by the Presidential Decree; 2. Where she or her spouse suffers from any infectious disease as prescribed by the Presidential Decree; 3. Where she is impregnated by a rape or quasi-rape; 4. Where the pregnancy is taken place between blood rela-tives or matrimonial relatives who are unable to marry legally; and 5. Where the maintenance of the pregnancy injures or might injure the health of the mother’s body for the health or medical reason. 67

According to the interpretation and extrapolation made on this law by legal scholars, the law permitted mothers and their spouses to procure abortion up to the 24th week of the pregnancy should any of the above conditions be present. Specifically, the government allowed the doctors to deter-mine the procurement of abortion in cases such as rape, genetic disorders, and if the continuation of the pregnancy could jeopardize the life of a woman. Game theory scholars have argued that this is a lucid manifestation of game theory, as all the concerned parties will be affected, and the powers that be need to make a decision with the accompanying impacts in mind. Indeed, whilst making such a decision, emphasis should be placed on who will bear the largest brunt of the consequences, whilst giving consideration to those that will be minimally affected, which is a true reflection of the interplay of game theory principles. However, the weight of the issue is placed upon the health of the mother and not on any other party. Again, this is a reflection of certain principles of game theory in the sense that a decision should be made with the anticipation of getting the best outcome possible.

The debate about abortion in South Korea has increasingly become more pronounced in the recent past. The contrasting positions undertaken by the criminal laws and the Maternal and Child Health Act makes the issue even more difficult to settle. According to various studies, while the country’s criminal laws stringently prohibits the procurement of abortion, the Maternal and Child Health Act offers a reprieve to mothers and spouses who may wish to conduct an abortion, provided that they meet certain conditions.68 However, even as these laws compete to take care of the varied interests involved in this issue, there needs to be a concerted effort to protect women’s rights and to recognize this issue as both a human rights and public health issue. Indeed, according to statis-tics, the laws that exist in South Korea—and the rest of the world by extension—are influenced by only one side of the debate, and they are dependent on which side forms the majority in a country’s parliament. For this reason, countries that are predominantly conservative establish laws that are punitive to women while those that are more liberal create legislations that protect their rights. Be that as it may, it is incumbent upon the Republic of South Korea and all the players in the abortion debacle to come up with policies and laws that protect the reproductive rights of its female populace.

67 Rahman, Anika, Laura Katzive, and Stanley K. Henshaw. “A global review of laws on induced abortion, 1985-1997.” International Family Planning Perspectives (1998): 56-64.

68 Sung, Woong Kyu. “Abortion in South Korea: The law and the reality.” International Journal of Law, Policy and the Family 26, no. 3 (2012): 278-305.


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Furthermore, since abortion is a medical matter, the opinions of qualified doctors who are impartial to the debate should be sought. The employment of this strategy will allow the country’s legislature to institute decrees that are informed by medical knowledge.

Moreover, it is not only parliament that is allowed to determine the kind of laws that the country will have in place with regards abortion. While it is the institution that is constitutionally mandated to establish such edicts, it is fundamentally important for them to enlist the help of other players as well. As a matter of fact, studies have revealed that countries that have modern abortion policies did so with the blessings of numerous stakeholders. Some have argued that having such a debate involving all the stakeholders would allow for the possibility for abortion to be presented to all players as not only a women’s rights issue, both also on the basis of human rights and public health, so that even those who are otherwise religiously influenced may have their opinions swayed. However, according to the analysis made by policymakers, having such a meeting between different stakeholders would allow South Korea to make regulations that give certain categories of pregnant women the right to abortion while repudiating certain cases. In other words, even during open de-bates, women’s reproductive rights require an extra measure of ensured protection so that state and religious actors do not impede on the bodily sovereignty of women. A comprehensive law that deals with the issue of abortion in South Korea should first and foremost respect and protect the rights of all women to have access to safe, legal abortions.

The strategy mentioned above raises the question: how does the country establish an en-vironment wherein the matter of abortion protects women’s bodily sovereignty and reproductive rights but can also be agreed upon by all the involved parties? Attempts to create laws that tackle the issue of abortion in South Korea have been met with stiff resistance from stakeholders in a manner that can only be compared to Canada. Canada does not have abortion laws, a phenomenon that was explored by Jonathan Flanagan in his work, Game Theory and Canadian Politics. Indeed, the only time that abortion laws were passed in a South Korean parliament was six decades ago, when the dynamics and the advancement in technology were a far-cry from the present situation. According to Flanagan, there are two reasons as to why the Canadian system has not legislated abortion laws. The first of these involves the propensity of the status quo to predominate, particularly when a cyclical opinion structure exists in the country’s parliament.69 Secondly, Flanagan attributes this failure to the fact that parliamentary results are under the influence of the procedures that were employed during the process of legislation.70 The above two mentioned reasons could be extrapolated to explain the existing criminalization of abortion in South Korea.

In a study that was sanctioned by the government and academic scholars, the exceptions that the country’s Mother and Child Health Law covered accounted for only 4% of the abortion cases that were procured in the country in the year 2005.71 It is such statistics that have raised the alarm and divided some segments of the country’s population in two. Religious groups and conservatives have opposed the procurement of abortion under any grounds while feminists and human rights groups support the process. In other words, the issue of abortion in its current state has divided the country into two opposing camps, but notably, the laws that are in existence were created at a time when the country considered the matter a private family affair, hence the blackout in public

69 Flanagan, Thomas. Game theory and Canadian politics. University of Toronto Press, 1998.70 Ibid.71 Sung, Woong Kyu. “Abortion in South Korea: The law and the reality.” International Journal of Law, Policy and

the Family 26, no. 3 (2012): 278-305.


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discourses. Now that that is no longer the case, South Korea needs to establish measures that will guide the whole process rapidly, and they should conform to modern realities. The introduction of the principle of chicken game theory will extensively help the country’s legislature to institute laws that are agreeable to a vast majority of the country’s population and abortion interest groups.

According to studies, the chicken game theory is a model of game theory that involves two conflicting players in the game. Essentially, the game is premised on the fact that if one of the par-ties yields, then it is beneficial to both players; however, each player’s optimal election is dependent upon the actions of the other party.72 In other words, the game stipulates that if one player yields, the other party should continue on their path and if the other player does not yield, then the party should give in. In its application to the South Korean abortion situation, it is obvious that if the current brinksmanship between the two sides of the debate continues, there are going to be a lot of illegal abortions in the country and a lot of people are going to suffer as a consequence.73 It is worth noting that the existing laws that are punitive to women are supportive of the religious and conservative groups’ opinions that abortion should be outlawed. However, even with the government’s intended and actual criminalization of abortion, abortion services are still procured through illegal means, which is highly risky and dangerous for women.74 Given the brutal honesty of this trend, liberals and feminists ought to convince the conservatives and religious believers that it is in their best interest to have a conversation regarding how the issue of abortion can be resolved and guided through pro-gressive legislations in the country. If the believers of the sanctity of life relent, then the country will be able to establish legislations that will be kinder and more humane towards women so that they may procure a safe abortion legally with doctors who will undertake the process. By doing this, the South Koreans are going to save lives while ensuring that the reproductive rights of all women are respected and women are empowered and have agency over their own bodies.

While game theory could solve the debate about abortion once and for all, the South Ko-rean government decided to take the grandstanding way, in a classical destructive chicken game theory move. According to Amnesty International, the South Korean government, in the year 2016, made proposals that would see doctors who procure illegal abortions suffer consequences such as increased fines. While reviewing its policies towards inappropriate medical practices, the country’s Ministry of Health inserted a clause that would see the current penalty for participation in illegal abortions by doctors increase from a month to 12 months wherein their businesses would be sus-pended. The enactment of such a proposal would have a devastating effect on women and ignite the embers of the abortion debate within the current atmosphere. Already, human rights groups are claiming that the execution of such a retrogressive proposal will retract some of the gains that had been realized via the Mother and Child Health Act. The fact that the government targets doctors and not women through this policy should not be construed to imply that it supports the reproductive rights of women to seek abortion. On the contrary, it does the opposite as doctors play a fundamen-tal role in facilitating the whole process of abortion. Thus, by punishing them with such measures, women indirectly suffer from the process. According to human rights activists, this becomes unac-

72 Dreze, Jean. “The Real Insights of Game Theory.” Economic and Political Weekly 51, no. 14 (2016): 55-61.73 Colman, Andrew M. Game theory and its applications: In the social and biological sciences. Psychology Press,

2013.74 Wolman, Andrew. “Abortion in Korea: A human rights perspective on the current debate over enforcement of the

laws prohibiting abortion.” J. Int’l Bus. & L. 9 (2010): 153.


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ceptable and actually goes against the spirit of creating a favorable environment for women to seek an abortion. Indeed, a report by Transparency International states, “The new rules would likely have a chilling effect on doctors, undermining their ability to provide adequate medical care, information and advice to their patients, and thus putting women’s and girls’ health and lives at risk.”75 Thus, according to scholars and human rights crusaders, adopting such a position by the government leads to jeopardy as far as pregnant women are concerned as they will then not have access to information and they will also not be treated by doctors in case of an emergency.

Conclusion

After decades of being muted due to existing social beliefs, the abortion debate has exploded in South Korea. Various interest groups have taken conflicting views concerning the same, which has forced the government to start acting by proposing policies. However, even these new policies that are being suggested by the government are still controversial and as such; a solution needs to be found. Game theory concepts have found use in similar situations elsewhere and they could still be applied here. Specifically, the usage of chicken game theory could prove useful in harmonizing the divergent opinions on abortion laws in the country.

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75 Chesney-Lind, Meda, and Syeda Tonima Hadi. “Patriarchy, Abortion, and the Criminal System: Policing Female Bodies.” Women & Criminal Justice 27, no. 1 (2017): 73-88.


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“Q&A: Human Rights Law and Access to Abortion.” Human Rights Watch. July 24, 2017. Ac-cessed November 20, 2017. https://www.hrw.org/news/2017/07/24/qa-human-rights-law-and-acess-abortion.

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Takao ozawa vs. Us

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Takao Ozawa vs. US

Jinhwa Lee North London Collegiate School Jeju

I. The Origin of the Naturalization Act

A surge of Chinese immigrants transformed California into one of the most ethnically diverse states in the US during the Gold Rush. However, the influx of Chinese immigrants catalyzed “Yellow Peril,”76 a xenophobic theory that regards East Asians as a dangerous threat to Western society. This was due in part to an increased crime rate, which escalated vigilance against Chinese immigrants, who were believed to have committed “felonies” because of their “difficulty in finding the gold77.” In addition, Chinese people in California collected together in an ethnic enclave known as “China-town,” where they lived ascetically and thus stunted their assimilation into American culture78(See Appendix I). The Chinese also owned nearly one-third of the real estate in Butte, California and most Chinese immigrants –who were expected to work for US entrepreneurs- decided instead to work for Chinese entrepreneurs for higher wages79. Ultimately, the Chinese immigrants’ failure to become a part of American society led Americans to regard them as “troublesome elements in a multiracial society80.”

The public outcry against the Chinese encouraged the US government to embrace Japanese immigrants, who played a significant role in counterbalancing Chinese workers. Moreover, the Jap-anese were willing to work in “onerous working conditions” such as in agriculture81. Sociologist Erika Lee states in her “transnationalism theory” that the power of Japan as a nation-state wielded strong influence in forcing the US government to treat Japanese immigrants favorably.82

76 Socialist and novelist Wang Lixiong coined the term “Yellow Peril”. 77 “Maxwell-Long, T. Daily Life During the Californian Gold Rush. (Santa Barbara: ABC CLIO, 2014) p. 178 - 179”78 Daniels, R. Asian America: Chinese and Japanese in the United States Since 1850. (Washington: University of

Washington Press, 2011) p. 7479 Daniels,Asian America, p. 7680 Erika, L. “The “Yellow Peril” and Asian Exclusion in the Americas.” (Pacific Historical Review, Vol. 76, NO 4,

pages 537-562, 2007) p. 54081 Takahashi, J. Nisei Sensei. (Pennsylvania: Temple University Press, 1988) p. 2182 After the Great War and winning the Sino-Japanese War, Japan became one of the most powerful country in the

world. See “Erika, L. “The “Yellow Peril” and Asian Exclusion in the Americas.” (Pacific Historical Review, Vol. 76, NO 4, pages 537-562, 2007) p. 540”

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Nonetheless, to their comparative advantage, Japanese farmers brought new yield-increasing agricultural techniques.83 Institutions like the JAA84were established to help Japanese become nat-uralized85.

However, the increasing number of Japanese immigrants catalyzed the second wave of Yel-low Peril.86 Many American workers, now facing competition with cheap Japanese laborers, were forced to accept lower wages. Scholar Edna Bonacich argues in her “split-market theory” that Amer-ican’s economic disadvantages paved the way for ethnic antagonism towards the Japanese:

“Ethnic antagonism is specifically produced by the competition that arises from the price differential…when one ethnic group is decidedly cheaper than another (i.e. when the labor market is split) the higher paid worker faces more than the loss of his job.”87

Equally significant was the propagation of Orientalism, an ethnocentric discourse that con-ceptualizes Asian immigrants as a negation of American democratic values88. Central to this idea was the notion that the Japanese, who are “archaic, primitive, and despotic,” couldn’t co-exist with Westerners, who are “modern, enlightened, and democratic89.” This propagandistic but perverse notion assumed that Asians’ secularized and conservative political background precluded their ap-proval of modernization and democracy90.

Overall, the ethnocentrism and exclusionist sentiment inherent in America, compounded with the above reasons, laid the groundwork for one of America’s most racial statutory instruments: the Naturalization Act of 1890. This law prohibited any immigrant not considered a “free white person”91 from becoming a naturalized citizen92. However, the ambiguity of defining “free white person” and other drawbacks of the law propelled a man named Takao Ozawa to take a stand against the Naturalization Act.

II. Ozawa: A Man Who Took Stand Against the Naturalization Act

Takao Ozawa, a Japanese immigrant born in Kanagawa Prefecture in 1875, immigrated to Ha-waii at the age of four93. After studying in an American school and learning English, Ozawa moved to California and matriculated at the University of California in 190494. Filled with conviction,

83 Takahashi, Nisei Sensei, p. 1584 JAA stands for “Japanese American Association of New York.”85 JAA helped Japanese immigrants become permanent settlers and consolidate a “settled family life” to establish a

“permanent economic foundation” by allowing Japanese laborers to bring in his wife and children to America. See “Takahashi, Nisei Sensei, p. 22”

86 Miyamoto, Social Solidarity Among the Japanese in Seattle, p. 1087 Horowitz, I., Leggett, J., Oppenheimer, M. The American Working Class: Prospects for the 1980s (New Jersey:

Transaction Publishers, 1979) p. 8488 Said, E. “Orientalism: Western Conceptions of the Orient.”(New York: Pantheon Books, 1978) p. 7989 Said, Orientalism, p. 12490 Feagin, J. Racist America: Roots, Current Realities, and Future Reparations. (London: Psychology Press, 2001)91 Free White Citizens were defined as Caucasians, whose skin color was white and had European origin. This exclud-

ed people of African origin, including slaves, indentured servants, American Indians, and free blacks. The law also excluded those who were considered as “yellow.”

92 Nebraska State Historical Society. “U.S. Government Land Laws in Nebraska, 1854-1904”93 American National Biography Online. “Ozawa, Takao”, http://www.anb.org/articles/11/l1- 00960.html 94 Ibid.

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Ozawa applied for naturalization in 1906, but was denied by the Alameda Court. Ozawa returned to Hawaii, where the government granted naturalization to anyone who resided there for one year. He worked at the Theo H. Davies Company for ten years and spent his “spare time in the Supreme Court library, examining the Naturalization Law of US.”95 With the help of the PJADC96, Ozawa once again applied for naturalization in 1914, but this time, Judge Dole of the District Court in Honolulu approved Ozawa’s appeal. Three years later, though, the Supreme Court decided by unanimous vote that Ozawa was ineligible for naturalization because he was not “Caucasian”. George Sutherland, a US Supreme Court jurist and an author of the Ozawa ruling claimed, “Japanese, being clearly not a Caucasian, cannot be made a citizen of the United States97.” In making this claim, however, the court failed to provide a precise definition of a “free white person,” which according to Ozawa, had re-mained an ambiguous term since the court failed to define “free white person” in Dred v. Stanford98. Therefore, Ozawa’s challenge against the Naturalization Law was a challenge against the entirety of America’s legal precedents that relegated Asian immigrants to an inferior post.

III. Ozawa v. US

Ozawa’s approach was two-fold: first, Ozawa argued that he was “successfully assimilated into mainstream American society” and second, he refuted America’s racial categorization. These approaches, as historian Yuji Ichioka observes, showed that “Ozawa was a paragon of an assimilated Japanese immigration.”99

Ozawa begins by emphasizing that “In name, I am not an American, but at heart, I am a true American”100 and that he detached himself from Japanese institutions, while other Japanese immi-grants “stood outside the American body politic101.” Underscoring his commitment, Ozawa states that Benedict Arnold102 “was an American, but at heart he was a traitor103.” Ozawa then contrasted Arnold to Booker T. Washington104, “who was a poor slave and was African descent, but had done a

95 Kimura, Y. Issei: Japanese immigrants in Hawaii. (Hawaii: University of Hawaii Press, 1992) p. 1896 PJADC stands for the Pacific Coast of Japanese Association’s Deliberative Council. The organization played a

significant role in bringing up the Ozawa Case to the forefront of Japanese American’s interest. Founded in May 1910, the Council sought to “expand the rights of Imperial subjects in America.” The Council supported Ozawa because Ozawa’s Naturalization issue gave them an opportunity to advance the “civil rights of the entire Japanese community.”See Carbado, D. “Yellow By Law.” California Law Review, Vol.97, Issue 3, 2009

97 Densho Encyclopedia, “Text of Ozawa v. United States.,” (Densho Encyclopedia,1922) p. 198 In Dred v. Stanford, the Court ruled that Dred Scott, an enslaved black man, “could not exercise the prerogative

of a free white citizen.” See United States Department of State. “Introduction to the Court Opinion on the Dred Scott Case.” (US Department Sate, 1857), http://usa.usembassy.de/etexts/democrac/21.htm

99 Ichioka, Y. “The Early Japanese Immigration Quest for Citizenship: The Background of the 1922 Ozawa Case”(Amerisa Journal, Vol.4, NO.2, p. 1-22, 1977)

100 Ozawa, T. “Naturalization of a Japanese Subject: A Brief in re Ozawa Case Now Pending the Decision in the Supreme Court U.S.A. (American Law Review, 1922) p. 4

101 For instance, Ozawa “did not report my name, my marriage, or the names of my children to the Japanese Con-sulate in Honolulu” and he did not form“any connection with any Japanese churches or schools, or any Japanese organizations here or elsewhere.”See Ozawa, Naturalization of a Japanese Subject, p. 4

102 Benedict Arnold was a military general of the federal army during the American Revolutionary War who betrayed army when he was given a position in British army.

103 Ozawa, Naturalization of a Japanese Subject, p. 5104 Booker T. Washington served as an advisor of a former president Theodore Roosevelt.

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great deal of good to the US, by uplifting the standard of his race105.” To Ozawa, the difference be-tween Arnold and Washington was an example that supported his broader claim that character rather than race should be used as a baseline for racial classification.

Ozawa also demonstrates that he did not have to take an “English language competency test for naturalization.”106 His proficient English skill107 was significant because many US institutions believed that English-speaking was a necessity of assimilating to the American culture.108Likewise, Ozawa’s wife and children were “educated in American schools” and spoke the English language.109

What further reinforced Ozawa’s argument was his disproof of the notion of “free white per-son.” Ozawa had to acquiesce that, scientifically and biologically, he was not Caucasian; hence he had to identify flaws inherent in the principles in which the Naturalization Act was based.

The Naturalization Act was based upon two mainstream scientific theories. In Systema Nat-urae, Linnaeus classified Homo sapiens into four subspecies110 based on their putative demeanor. Following his theory, people of Caucasian race possessed desirable characteristics that no other race possessed.111 Similarly, Blumenbach’s treatise Five Principal Varieties of Mankind used morpholog-ical attributes to classify five subspecies112113. His classification stipulated Japanese as Mongolians, who were ineligible to be naturalized114. Adopting Blumenbach’s theory as “universal doctrine,” the court “excluded all Mongolians” since In re Ah Yup, which the court frequently used as a principal legal precedent for rejecting Asian immigrants in jurisdiction disputes.115

To Ozawa, these scientific theories were preposterous due to their inability to identify every race as a distinct form. First, Ozawa held that Linnaeus’ concept was inconsistent: the court approved the naturalization of Europeans despite the fact that they were not Caucasians116. Second, Ozawa ar-gued that Japanese people are distinct from Mongolian people because the Japanese, according to

105 Ozawa, Naturalization of a Japanese Subject, p. 20-21; Quoted in Carbado, Yellow By Law, p. 655106 Carbado, Yellow By Law, p. 649107 Ozawa stressed out that, by virtue of the time he “lived continuously within the United States for over twenty-eight

years” and educated “in American schools for nearly eleven years,” he, for “most of the time,” spoke “English at home.” See “Ozawa, Naturalization of a Japanese Subject, p. 4”

108 The statue conceived foreign languages as “inimical to our own safety” and posited, “English language should become the mother tongue of all children reared in United States.” See “Johnson, S ed. Education Law: A Prob-lem-Based Approach. (New York: LexisNexis, 2012)”

109 Ozawa, Naturalization of a Japanese Subject, p. 4110 Americanus, Asiaticus, Africanus, and Europeanus111 Linnaeus wrote, “Americanus was red, ill-tempered, subjugated…white, and free” “Europeanus was white, gentle,

and innovative,” “Asiaticus was yellow, melancholy, and greedy,” and “Africanus was black, impassive, and lazy.” See“Linnaeus, C. SystemaNaturae. (Holmiae :Impensis Direct. LaurentiiSalvii) 1758-1759, p. 58”

112 Caucasian, Mongolian, Ethiopian, American, and Malay.113 Blumenbach defined Caucasian as “color white, cheek…rosy,” while defining Japanese Immigrants as “Mongo-

lian” who had “color yellow, hair black, stiff, straight, and scanty See “Bernasconi, R. The Idea of Race. (India-napolis: Hackett Publishing, 2000) p. 28”

114 Sue-Yun, A. “Citizenship Colored: Asian American Immigration and the Legal Constructions of White National Identity.” (New York University Review, 2012) p. 30

115 Sue-Yun, Citizenship Colored, p. 30116 Ozawa, Naturalization of a Japanese Subject, p. 7

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employers in San Jose, showed strong Protestant work ethic117. Furthermore, taking advantage of his skin color, Ozawa prided himself as “white118.”

Ozawa also pointed out the court’s propensity to abuse the Naturalization Act119. Under Lin-naeus’ definition, Filipinos were Mongolians; however, because Filipinos had yielded allegiance to America, the court excused them from the purview of the Naturalization Act.120 The court also conferred Naturalization on a few privileged Mongolian scholars, such as Yung Wing121 and other Asian petitioners in New York.122 From Ozawa’s perspective, these inconsistencies rendered the racial categorization an “abandoned scientific theory.”123

Ozawa finally argued that the original purpose of the Naturalization Act was not to screen out undesirable immigrants, but to “distinguish black people (slave) from others.”124 Had the Naturali-zation Act barred the naturalization of Asian immigrants, the Chinese Exclusion Act–“a special law prohibiting particular nationalities from naturalization” enacted a century after the Naturalization Act- would have been unnecessary.125Overall, Ozawa successfully argued that conferring naturaliza-tion could not be decided upon by examining phrenological traits, but by examining assimilability.

IV. Ozawa v. Judge Clemons

Judge Clemons from the District Court of San Francisco invoked legal precedents to disprove Ozawa’s claim that character, not the race, should be used in legal discourses126. Most notably, in Ah Yup, Justice Sawyer said although the term free white person “constitutes a very indefinite defi-nition,” the term was “used everywhere in the US (so) one would scarcely fail to understand that employing the words ‘white person’ would intend a people of Caucasian race.”127 Sawyer’s opinion convinced Clemons that whiteness was conceived as a “common knowledge,” so the court need not define an already established knowledge.

Various other anthropological and ethnological theories also supported Clemons’ claim that Japanese people were not white. Scholar Tylor wrote that the “Japanese have characteristics of the Mongoloid men,” because “their skin is brownish yellow128.” Even some Japanese scholars like

117 Some employers in San Jose viewedJapanese workers as “utterly dependable, thrifty, exceedingly cleanly and mor-ally straight.” See “Tsu, C. Garden of the World: Asian Immigrants and the Making of Agriculture in California’s Santa Clara Valley. (Oxford: Oxford University Press, 2013) p. 147

118 Ozawa, Naturalization of a Japanese Subject, p. 7119 Carbado, Yellow By Law, p. 651120 Baldoz, R. The Third Asiatic Invasion: Migration and Empire in Filipino America, 1898-1946. (New York: NYU

Press, 2011) p. 111121 Yung Wing was an educator and political activist naturalized in Connecticut in 1882. 122 Sue-Yun, Citizenship Colored, p. 31123 Ozawa, Naturalization of a Japanese Subject, p. 17; Quoted in Carbado, Yellow By Law, p. 654 124 Ozawa, Naturalization of a Japanese Subject, p. 19; Quoted in Carbado, Yellow By Law, p. 657125 Carbado, Yellow By Law, p. 657126 In Elk v. Wilkins, for instance, the Court ruled that Indians were ineligible to be naturalized because Indians were not

“white.” In People v. Hall, Chief Justice Murray wrote that “the word “white” has a distinct signification, which ex vi termini excludes black, yellow, and all other colors.”See “United States District Court for the Territory of Hawaii. “United States Circuit Court of Appeals for the Ninth Court: In re Takao Ozawa v. United States,” (Hawaii, 1916)”

127 Carbado, Yellow By Law, p. 657128 Tylor, E. “Anthropology: An Introduction to the Study of Man and Civilization.” (1832) p.271; Quoted in Carbado,

Yellow By Law, p. 655

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Okakura-Yoshisaburo wrote that the Japanese “belonged to Mongolian race” and this applied to white Ainu because “the same blood is felt to run through veins, characterized by the same religious ideas.”129 Clemons referenced these theories to show that although Linnaues and Blumenbach’s the-ory might not be “wholly accurate,” the court always used many “statements of scientific works” as the “guides of their cases.”130 Therefore, if Ozawa were to argue that scientific theories are wrong, he had to disprove the entirety of mainstream scholarly works on racial classification.

Clemons supposed that Ozawa based his argument on the Supreme Court cases In re Hal-ladijan and In re Saito. In In re Halladjian, Judge Lowell wrote, “that the word ‘white’ was used to include all people of Asia131.” In In re Saito, Judge Colt ruled that “the Congress refused to elimi-nate ‘white’ from the statue because it would extend the privilege of naturalization to Mongolian,” not the Japanese132. Clemons repudiated Lowell and Colt’s analysis by saying that both implied too much “from the use of the words white and black,” notwithstanding that racial classification is “not uniform in all parts of the country133.” Moreover, beforetime, the court classified people into three classes134; diverse ethnic identities, such as Mongolian, Chinese, and Europeans, have only recently been used by the court.135

Lastly, Clemons believed that the purpose of the Chinese Exclusion Act “was due to [Chi-nese] population growth and not the fact that, prior to those classifications, Chinese people were considered white.”136 Simply put, the number of Japanese people in America was not large enough to “justify separate racialized attention.”137

V. Ozawa v. Judge Sutherland

After Clemons’ adverse ruling, Ozawa appealed his case to the Supreme Court. Judge Suth-erland, a presiding judge of the Ozawa case, who was himself a Naturalized Englishman. Born in England, Sutherland studied politics at Brigham Young Academy, which led him to a successful political career and “provided clues to the decision he would reach in Ozawa.”138 When he won a congressional seat in Utah, Sutherland, as a nationalist, promised to reduce the number of Chinese immigrants, declaring, “Chinese laborers would be brought into unhealthy competition with our own laborers.”139 Relying on Sutherland’s conservative philosophy, the Ninth Court appointed Suth-erland as an author of the Ozawa case, though he was inexperienced as a judge.

129 Yoshisaburo, O. “The Life and Thought of Japan.” (London: Dent, 1913) p. 43; Quoted in Carbado, Yellow By Law, p. 655

130 Carbado, Yellow By Law, p. 657131 Lowell also admitted that the “word ‘white’ has been used in colonial practice” and since then it was not used to

“designate people not otherwise classified.” See “Sue-Yun, Citizenship Colored, p. 23”132 Sue-Yun, Citizenship Colored, p. 31133 Clemons went further by stating that paradoxically, Lowell’s more recent ruling delivered that “the word ‘white’

ceased to be used as a catch-all to designate [unclassified] people.” See “Sue-Yun, Citizenship Colored, p. 23”134 Until the Naturalization Act of 1870, the court classified people into just three categories, including white, black,

and Indians.135 Carbado, Yellow By Law, p. 669136 Carbado, Yellow By Law, p. 669137 Carbado, Yellow By Law, p. 669138 Carbado, Yellow By Law, p. 679139 Historian Mark Weimer states that “in decision-making, [Judge Sutherland] sought to further that national coher-

ence by granting the federal government extensive powers over international affairs.” See “Weiner, M. Americans

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William Howard Taft’s tenure as a Chief Justice of the Supreme Court also wielded strong influence on Sutherland’s ruling. Like Sutherland who “sought to further national coherence,” the Taft Court “embraced national priorities reflected in the Republican administrations.”140 Therefore, although the Taft Court “generally showed little concern over issues of racial prejudice,” the court reviewed cases that were concerned with country’s reputation.141 Ozawa came directly under the court’s interest. The case represented a broader conflict between Japan and the US, as Ozawa repre-sented himself as an epitome of Japanese Americans.

Unlike Judge Clemons, Sutherland based his argument on the analysis of scientific categoriza-tion of race. Ironically, Sutherland admitted that the existing ethnological theories are ambiguous142 and this was presumably the reason that the court, “beginning with the decision of Judge Sawyer,” used generalized scientific evidence for a more “practical line of separation” between each race.143 The purpose of using this denotation was to establish “a zone of more or less debatable ground.”144 Sutherland was thus confident that Ozawa “is clearly not Caucasian and therefore belongs entirely outside the zone,” as evidenced by “numerous scientific authorities, which we do not deem it nec-essary to review.”145 His opinion was that though Ozawa may not fit into other races, Ozawa was an outright non-Caucasian and hence non-white based on mainstream scientific authorities.

VI: Thind v. US

Ozawa’s litigation, though failed, was significant in that the court had to henceforth use Cau-casian status as a universal test for naturalization. The narrow definition of whiteness precipitated another challenge: Dr. Bhagat Singh Thind, an Indian man who was born in the Punjab region on October 1892, applied for naturalization to the District Court of Oregon in 1920, which was then passed to the Ninth Circuit Court, just two months after the Ozawa case146. As with Ozawa, Thind was highly assimilated into the American society147; but most importantly,Thind was a Caucasian148.

If Sutherland were to follow his equation of whiteness -which he used to deny Ozawa’s application for naturalization-Sutherland had to sanction Thind’s naturalization because he was an

Without Law: The Racial Boundaries of Citizenship. (New York: NYU Press, 2008) p.103”140 Renstorm, P. “The Taft Court: Justices, Rulings, and Legacy.”(Santa Barbara: ABC-CLIO, 2003) p. 183141 Renstorm, The Taft Court, p. 183142 He states, “Manifestly the test afforded by the mere color of the skin of each individual is impracticable....” See

United States Supreme Court, “Takao Ozawa v. United States (1922) No. 104” (New York, 1922) p. 13. Retrieved from http://caselaw.findlaw.com/us-supreme-court/260/178.html

143 United States Supreme Court, Takao Ozawa v. United States, p. 14144 Here, Sutherland acknowledged the potential faults of equating the word ‘white’ to ‘Caucasian’, which may arise

in special cases when someone neither fits into any racial category including Caucasian. Ibid. p. 195145 Ibid. p. 196146 United States Supreme Court, “United States v. Bhagat Singh Thind (1923) 261 U.S 104” (New York, 1923)147 He resided in Oregon since he was twenty and matriculated in the Berkeley University. During World War I, Thind

voluntarily applied for a position in United States Army, and fought for his lives until the end of War. Though he served only six months as a soldier, Thind believed that the previous congressional decision that conferred citizen-ship to those who served in military for three years “might favorably affect his case.” See Carbado, Yellow By Law, p. 680

148 Many scientific authorities classified Asian Indians as either Caucasians or Aryans. See “Carbado, Yellow By Law, p. 680”

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outright Caucasian.149 This time, however, the court used “common knowledge” rather than scien-tific principles as an arbiter of defining race.150 Sutherland stated that, “it does not seem necessary to pursue the matter of scientific classification” because “various authorities are in irreconcilable disagreement as to what constitutes a proper racial division” 151. Instead he argued that Caucasian is “written in the words of common speech… by unscientific man” and based on “familiar observation and knowledge,” Thind was not white.

VII. Conclusion

Japanese people reacted hostilely towards the court’s decision in Ozawa because they be-lieved discriminatory laws “stained the prestige” of Japan.152 This prompted many civilian offshoots, such as Kokuru Kai and JSESPML,153 to organize rallies with the overriding goal of “punish[ing] the hypocritical and cruel America.”154

Notwithstanding Japanese animosity towards America, the court’s decision in Ozawa and Thind gave exclusionists further momentum to continue their anti-immigration cause. Many Asian Americans thus failed to establish a solid foothold in America during the Roaring Twenties.

Most importantly, the court’s apparent contradiction between the use of common knowledge and scientific evidence, affirmed that the Naturalization Act was a “racist policy” rather than an unbiased law.155 The Naturalization Act in itself gave hardly any justification for the court to deny the naturalization of Asians. Thus, the court enacted the Immigration Act of 1924, which declared an outright ban on Asian immigration. Therefore, although Ozawa’s challenge was bold and brave, the case unfortunately strengthened exclusionist sentiment and led to further enactment of more resolute and precise anti-immigration laws.

149 Sutherland did in fact admitted that Thind was “classified by certain scientific authorities as of the Caucasian or Aryan race” See “United States Supreme Court, “United States v. Bhagat Singh Thind (1923) 261 U.S 104” (New York, 1923)”

150 United States v. Bhagat Singh Thind, p. 16151 United States v. Bhagat Singh Thind, p. 16152 For instance, Japanese newspapers like Tokyo NichinichiShimbun reported that “immigration law symbolized

white ethnocentrism” and “a great race war was imminent.”Some popular newspapers like Osaka Asahi Shimbun responded to the ruling of Thind by arguing “that it could not accept the law because the Japanese were not infe-rior but superior to other [Asians].” See Hirobe, I. “Japanese Pride, American Prejudice: Modifying the Exclusion Clause of the 1924 Immigration Act.” (California: Stanford University Press, 2001) p. 21

153 JSESPMLstands for Japanese Strenuous Efforts Society and Patriotic Young Men’s League154 Hirobe, Japanese Pride, American Prejudice, p. 27155 Hirobe, Japanese Pride, American Prejudice, p. 29

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Appendix I: Early images of Chinese immigrants in US

Figure 1: “Across the Continent. The snow sheds on the Central Pacific Railroad in the Sierra Nevada Mountains. From a sketch by Joesph Becker.” (1870) Originally printed in Frank Leslie’s Illustrated Newspaper, Vol. 29, February 6, p. 346.

In Butte, a small mining site in San Francisco, the Chinese formed their ethnic enclave known as “Chinatown”, where most Chinese people were predominantly males employed for mining and railroad construction.

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Figure 2: “Chinese Fishermen, Monterey, California. 1875” (1875), Monterey County Photo-graphs: Chinese Fishing Village Images.

Though landlords in California employed many Chinese immigrants, some Chinese people were self-employed: they fished in open waters, and sometimes sold goods in the market. As shown in the image, many self-employed Chinese people formed their own villages and lived close to their working sites.

To some extreme, Elliot Robert Barkan, an author of A Nation of Peoples, called Chinatown as “a secret society” and compared Chinese lifestyle as a “life of depravity”: Tongs, or secret socie-ties, involved with prostitution, gambling, and drugs also thrived. The stiff competition for control of these illegal activities often led to assimilations and fights…”

See “Barkan, Elliot, A Nation of Peoples: A Sourcebook on America’s Multicultural Heritage (Greenwood, 1999) p. 54.”

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Appendix II: Early images of Japanese immigrants

Figure 3: Image of Japanese contract laborers

The above image shows Japanese farmers who moved between California and Hawaii when-ever landlords or planters traded them. Most of them worked as “contract laborers” with several terms including working 36 months as a laborer and receiving an average of $4 per month. By 1920, the number of Japanese farmers in California and Pacific Coast reached nearly 40,000, own-ing 74,769 acres of farmland and establishing monopolies on some products like beans, celery, and strawberries.

See “Daniels, The Politics of Prejudice, p. 5”

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Figure 4: Japanese shops in Seattle

Figure 5: Japanese residential area in Nichonmachi

Japanese immigrants during the onset of 1910s began to employ themselves in regions like Seattle where they formed Nichonmachi, an ethnic enclave where their shops and businesses were concentrated. In Seattle, Japanese immigrants owned 47% of hotels and 25% of grocery stores in Se-attle. By 1910, across America, more than 3,000 Japanese people were self-employed, hiring 70,000 immigrants, including Koreans and Chinese people.

See “Miyamoto, F. Social Solidarity Among the Japanese in Seattle. (Seattle: University of Washington Publications in Social Sciences, 1939) p. 65”

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Appendix III: Yellow Peril and the Asiatic Exclusion Sentiment

Figure6: The Yellow Terror in All His Glory (1899), 1899 Editorial Cartoon

The cartoon depicts an image of a yellow Chinese men killing a white woman. It can be inferred from this source that the author tended to create an ethnocentric image that heightened the theme of exclusionist sentiment. The author warns that if crueler, evil Chinese expatriates arrive in US, the status of whites will be harmed.

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Figure7:VölkerEuropas, wahrteureheiligstenGüter(Peoples of Europe, Guard Your Most Sacred Possessions) (1895), Hermann Knackfuss

The source shows an image of European imperialists in 19th century pointing at the Buddha covered in flames and dark clouds. In contrast to this, the Christian cross-covered with bright, heav-enly, and celestial images, attaching sanctimonious quality to their own religion. This contrasting image of the religious symbols of the East and the West implies that Asia is a dangerous place that must be conquered.

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Figure8: The Yellow Danger (1890), M. P. Shiel

The source allegorically portrays Chinese men as greedy by showing the image of him em-bracing a gold mine in California. This insinuates that these Chinese are taking off opportunities of white US citizens from enjoying wealth, and thus reinforcing the theme of Yellow Peril, which is directly stated above.

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AppendixIV: Anti-Japanese Sentiment, AEL

Figure9: “No Japs” (1906), Japanese & Korean Exclusion League

The above image is a poster printed out by the Japanese & Korean Exclusion League. The League’s main goal was to ban entries of Asian immigrants in every public places. Through ac-tive exclusionist campaigns, the league pressurized president Roosevelt to withdraw Gentlemen’s Agreement, which allowed free entries of Japanese immigrants. Apart from the League, many other groups, including Protestant missionaries, Japan Society of America, and middle class people and laborers from the American Peace Society put pressure on Roosevelt to enact anti-immigration bills.

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Appendix V: The Importance of English language

Figure 10: “Speak American!” (1910)

As the above image shows, American institutions regarded those who did not speak English as non-Americans. Many racist institutions, such as Grand Dragon of the Ku Klux Klan in 1924 stated that America “can never have a homogenous population unless every men, woman, and child in America speak English Language. ”Most importantly, the section 8 of the Naturalization Law clarified that “no alien shall hereafter be naturalized or admitted as a citizen of United States who cannot speak the English Language.” It was for this reason why Ozawa demonstrated his English abilities as a way of showing his degree of assimilation to American society.

See “Ku Klux Klan. “The Regulation of Immigration –A Statement by the Grand Dragon of the Ku Klux Klan, South Carolina, 1924”

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Appendix VI: Scientific categorization of race

Figure 11: The phrenological traits of each race

As the above image shows, many contemporary scientific theories classified each race based on the appearance of skulls. Scientists believed that the shape of the skull determined the character-istics of each race. They argued that the shape of the Caucasian and Ayran’s skull indicated that they are hard working and loyal. On the other hand, they believed that the shape of the skulls of Africans and Asians indicated that they possessed traits that criminals possessed.

Annotated Bibliography

Primary Sources

Carbado, D. “Yellow By Law.” California Law Review, Vol.97, Issue 3, 2009

Devon Carbado is a Professor of Law at the UCLA who currently teaches Constitutional Criminal Procedure, Constitutional Law, Critical Race Theory, and Criminal Adjudication. His in-terest in constitution, laws, and the theory of race and ethnicity encouraged him to perform many researches that combine race and constitutional laws. Carbado’s “Yellow By Law” is the one and only study that analyzes the Supreme Court case Takao Ozawa. This is the source I cited and referenced the most over the course of writing this research paper.

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Densho Encyclopedia, “Text of Ozawa v. United States.,” Densho Encyclopedia,1922, Retrieved fromhttp://encyclopedia.densho.org/sources/en-ozawa-legaltext-1/ (accessed Apr 22 2016).

This text is official document of Ozawa’s ruling submitted by Judge Sutherland. In his ruling, Sutherland emphasized that scientific evidence should be a baseline for judging who should or should not be naturalized. He supports his stance by invoking legal precedents and some of the notable theories that are universally accepted.

Flagg, B. Was Blind, But Now I See: White Race Consciousness & the law. New York: New York University Press, 1988

In this book, Barbara Flagg, a scholar of constitutional laws, first raised the notion of trans-nationalism theory. This tendency, according to Flagg, makes white people believe that “the black, not the white, is racially distinctive” while whites are “transparent”, a quality that en-ables white to “interact with other whites in the absence of people of color.” In other words, people with no white skin color cannot blend in to the white society as if they are transparent, thus further reinforcing the norm of white dominance in the society while relegating people of other races not considered whites to “partners, friends, and acquaintances.” Henry Lopez further developed this theory in his book White by Law.

Ichioka, Y. The Early Japanese Immigration Quest for Citizenship: The Background of the 1922 Ozawa Case, Amerisa Journal, Vol.4, NO.2, p. 1-22, 1977

Yuji Ichioka was a dedicated civil right activist who first coined the term “Japanese Amer-ican.” Although he was born in California, the fact that he was a Nesei, a special term for the people of Japanese decent, forced him and his family to be interned at the Topaz Reloca-tion Center in Utah during World War II. His experience in the internment camp galvanized him to become a civil right activist and establish a well-known organization called Asian American Political Alliance. Most of his scholarly works depict the hardships of Japanese Americans and elevate Japanese Americans who were unjustly interned during World War II. Ichioka dedicated a chapter in this book to Ozawa not only to show the hardships he faced, but also because Ozawa was an epitome of Japanese Americans who were just as capable of conforming to ethical standards.

Lee, E. “The “Yellow Peril” and Asian Exclusion in the Americas.” Pacific Historical Review, Vol. 76, NO 4, pages 537-562, 2007

In this book, sociologist and historian Erika Lee presents “transnationalism theory” that the power of nation-state wields huge influence in shaping the foundations of immigration pol-icies:

“I have always found that, both historically and today, the nation-state wields enormous power over who and what can cross borders, when, and under what conditions. The power of the nation state is especially salient for racialized subjects.”

Her theory can be best understood when applied to the relationship between Japan and the United States. After Japan’s consecutive invasion of Asian countries and winning the first Sino-Japanese War in 1894, Japan emerged as a new powerhouse of East Asia; the United States could not neglect Japan’s political leverage across the sea. Also, during the Great War,

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the United States and Japan, as an ally, led the victory of the Triple Entente; both countries wanted to maintain their powerful yet symbiotic relationship. This made politicians dither over whether to introduce new laws restricting Japanese immigrants, notwithstanding the fact that the number of Japanese immigrants was increasing at an alarming rate. Along with the influence of Japan as a powerful nation, the Japanese government too evinced consider-able interest in the way their subjects were treated abroad in United States. Ironically, Jap-anese policymakers normally “cared little for the poor and middling ranks of society”: this manifested that their motivation was not humanitarian. However, to some Japanese elites and bureaucrats, the downright discrimination against the Japanese was a different issue heavily concerned with “her own prestige as a nation.”1 This nationalistic sentiment predisposed the Japanese government to secure their citizens from being treated with such degradation as the Chinese.

Lopez, H. White by Law: The Legal Construction of Race. New York: New York University Press, 1996

Henry Lopez, a leading scholar of the Ozawa and Thind cases, argues in his book White by law: The Legal Construction of Race that prior to the Ozawa case, judges believed that com-mon knowledge and scientific evidence “measured the same thing.” Therefore, the court was perplexed by Ozawa’s unprecedented approach. Ozawa was not white according to science but was white when understood by the common knowledge because he was fully assimilated to American society. However, for judges, reconciling the conflict arising from the matter of subjective quality was an issue that had no precedents, and it was for this reason why the court relied on scientific matters in Ozawa ruling. Here, Lopez argues that, “the Court believed that the race was self-evident, a phenomenon of the natural world readily apparent to the unstrained eye” and this strong conviction “propelled the Court to rely on scientif-ic evidence as the pinnacle of human knowledge.” On the other hand, the court in Thind stressed that the “pronouncements of science increasingly problematized the basis for racial distinctions.” Thind, despite having dark skin color, was Caucasian and even served in the United States army during World War I. To refute this, the court committed the paradox of using common knowledge, not science, as the meter of identifying whiteness. Now, the court changed its view and conceived science as “intellectual evidence that dangerously and suspi-ciously contradicted the justices’ sense of themselves and the world.”

When judging whether or not someone was white, judges confronted an important dilemma: “In the absence of clear language from Congress, how could they decide whether or not a particular applicant for citizenship was ‘white’ under federal law? On what basis were they to make such a decision?” This was because the Naturalization law defined Caucasian as a “free white person” employing the ambiguous term. Therefore, Lopez states that under the Natu-ralization law, the collision between common knowledge and scientific evidence would occur as a corollary in every court case. Because judiciaries failed to “articulate” rationales of who is considered Caucasian and declare distinctions between Caucasian and Asians, this dilem-ma always resonated in their minds as the question of “why someone was White”, which was a matter that brought countless empirical theories and controversies. The more fundamental source of the conflict, however, was that “neither common knowledge nor science measured human variation. Both only reported social beliefs about races.” To Lopez, “science was not and is not independent of culture and society; science is culture and society.” In other words,

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science was denominated by “social beliefs and practices”, or common knowledge, which meant there was no single rational objective standard of measuring whiteness; instead, the failure to realize the interconnectedness of science and common knowledge barred the court from creating objective social convention.

Lopez raises a new opinion that the court in Thind would have certainly realized that both common knowledge and science was unreliable. He therefore concludes in his Critical Ra-cial Theory that the fundamental cause of the court’s ruling in Ozawa and Thind lays in the “tendency of whites not to think about race,” otherwise known as the “transparency phe-nomenon.” Lopez argued that this tendency was inherent in every American law concerned with Naturalization. Lopez believes that the power of law not only dictates individuals to develop herd mentality that makes them behave in certain ways but also forces the construc-tion of utterly perverse societal norm. Lopez writes, “the law is implicated in the contingent social systems of meaning that attach in our society to morphology and ancestry.” Thus, the conceptual framework of the Naturalization Act –which defines Blacks and Asians as “lazy, ignorant, lascivious, criminal” while whites as “industrious, knowledgeable, virtuous, and law abiding- was deeply ingrained in the court system that compelled courts to carry out their statutory duties stressing out racial inequality and prejudice. It was this origin of white transparency that led to the court’s denial of conferring naturalization. Therefore, following Lopez’s theory, American jurisprudence, or the science of law in itself, was permeated with stereotypes and prejudice, which naturally disadvantaged non-white people by addressing “transparency phenomenon” in the legal processes.

Ozawa, T. “Naturalization of a Japanese Subject: A Brief in re Ozawa Case Now Pending the Deci-sion in the Supreme Court U.S.A. American Law Review, 1922

Ozawa’s brief contains both evidence that Ozawa is a naturalized American citizen and the drawbacks of the America’s legal landscape. Ozawa believes that scientific evidence itself cannot justify Ozawa’s denaturalization because there are some exceptions whereby some Japanese have characters that qualify as a naturalized American citizen. I was personally surprised by Ozawa’s subliminal messages that arise from his understanding of the Natural-ization Laws. Ozawa’s brief, though not approved by the Supreme Court, exalted the racial identity of Japanese and was essential in establishing legal rights for Asian immigrants in the future.

United States District Court for the Territory of Hawaii. “United States Circuit Court of Appeals for the Ninth Court: In re Takao Ozawa v. United States,” Hawaii, 1916.

This document records every statement from Ozawa and Judge Clemons recorded during the trial and Judge Clemons’ final ruling that Ozawa cannot be naturalized. Judge Clemons mainly framed his argument on whether or not the term “free white person” in the Natural-ization Acts included Japanese people. In addition, he supports his stance by invoking legal precedents and anthropological theories that classified Asians as non-Caucasian.

United States Supreme Court, “Takao Ozawa v. United States (1922) No. 104” New York, 1922.

This document, written by Judge Sutherland himself, explains why Ozawa cannot be natu-ralized. Like Judge Clemons who used scientific evidence as an arbiter of rejecting Ozawa’s

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Naturalization, Judge Sutherland also used scientific evidence as to support his stance, de-spite admitting that Ozawa’s characteristic qualifies to be American.

United States Supreme Court, “United States v. Bhagat Singh Thind (1923) 261 U.S 104” New York, 1923

This document, written by Judge Sutherland, explains why Thind cannot be naturalized. Contradicting himself, Judge Sutherland uses common knowledge rather than science as an arbiter of defining race. Sutherland admitted that Thind was “classified by certain scientific authorities as of the Caucasian or Aryan race”; however, Sutherland contends that the fact that Aryans did not share a “common linguistic root buried in remotely ancient soil is alto-gether inadequate to prove common racial origin.” Although Thind was fluent in speaking English, Negroes too had adopted the English tongue long before Thind, but their descend-ants who also speak English are not classified as white because the “common root” does not exist between them and Caucasians. Returning to Thind’s claim regarding the ethnological evidence that classified Asian Indians as Caucasian, Sutherland repudiated his own equation established in Ozawa case, by stating that the term “Caucasian” is “written in the words of common speech, for common understanding, by unscientific men.” This apparent contradic-tion ultimately revealed that it was the “social construction of race” that rejected Ozawa from becoming a naturalized citizen.

Secondary Sources

American National Biography Online. “Ozawa, Takao.” Retrieved from http://www.anb.org/arti-cles/11/l1- 00960.html

This source is the only biography of Takao Ozawa. The biography explicitly focuses on Ozawa’s life in The University of California Berkeley, where he drafted his case for the Nat-uralization. There are not many existing biographies of other Asian immigrants because most of them did not attend universities or colleges, while Ozawa’s unusual efforts to assimilate himself into the American society intrigued and impressed many faculty members.

Cramer, C. Black Demographic Data, 1790-1860: A Sourcebook. Connecticut: Greenwood Pub-lishing Group, 1997

Cramer was an American sociologist who argued that the original purpose of the Naturali-zation Act was to ban or prohibit the sales of slavery in America by banning the entries of black Africans. Ozawa utilized Cramer’s opinion to evidence his view on the Naturalization Law that the court cannot use legal instruments to deny his naturalization because this goes against the original purpose of the Naturalization Law.

Daniels, R. Asian America: Chinese and Japanese in the United States Since 1850. Washington: University of Washington Press, 2011

In this book, historian Roger Daniels explains why Japanese authorities paid close atten-tion to the court case Ozawa v. United States (1922). He explains that although Japanese policymakers normally “cared little for the poor and middling ranks of society,” they were

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infuriated by the downright discrimination of Japanese, as this relegated Japan’s “prestige as a nation.” This nationalistic sentiment forced Japanese government to secure their citizens from being treated with such degradation as Chinese.

Daniels, R. The Politics of Prejudice: The Anti-Japanese Movement in California and the Struggle for Japanese Exclusion, Volume 71. California: University of California Press, 1977

This book is a study of the treatment of Japanese Americans in California from the late nine-teenth century to World War II. It focuses on the political climate that discriminated against Japanese Americans, and the internment of Japanese Americans before World War II.

Gossett, T. Race: The History of an Idea in America. Oxford: Oxford Printing Press, 1997

Ozawa used Gossett’s opinion in his brief to argue that the court was not justified to use sci-ence evidence to deny his naturalization. Like Ozawa, Gossett believed that the theories in which the Naturalization Act of 1790 was based on was a “futile search for criteria to define and describe race differences,” as it solely differentiated human race by comparing human appearance to animal’s physical attributes. While Gossett admitted that Blumenbach’s theory was most reliable among other theories raised in 19th century, Gossett held that his opinions “were entirely speculative” and that “he had no solution to the question of the cause of racial differences.”

Horowitz, I., Leggett, J., Oppenheimer, M eds. The American Working Class: Prospects for the 1980s, New Jersey: Transaction Publishers, 1979

Horowitz’s split market theory was very influential because it encapsulates the social tension that led to the creation of the Naturalization Act. The theory states that white U.S. citizens would be unemployed if the government allows more Asian immigrants. Horowitz believes that the main reason that the Naturalization Act was enforced was not due to the mainstream scientific theories that classified Asians as undesirables, but was due to pressures put on to the court by the white citizens who would face economic disadvantages. This belief formed a fundamental part in Lopez’s social construction of race theory, in which it argued that the most basic cause of the Naturalization Act lay in social issues, including the financial dam-ages of white citizens.

Kimura, Y. Issei: Japanese immigrants in Hawaii. Hawaii: University of Hawaii Press, 1992

The book details the lives of Issei, the first generation, who settled in America prior to the passage of the Japanese Exclusion Act. It describes the lives of Issei as contact laborers, pic-ture brides, and agricultural farmers.

Lazarus III, M. “An Historical Analysis of Alien Land Law: Washington Territory & State 1853-1889” University of Puget Sound Law Review, Vol.12, NO 197, 1989

The Alien Land Law was a law implicitly designed to discourage Japanese immigration. Lazarus explains that the court was compelled by US citizens to enact the law; in fact, the government did not want to approve this because the law would inflame the tension between Japan and the US. Although the Alien Land Law was intended to discourage Japanese, the rapid growth of Japanese population in America hindered a proper administration of these laws. In particular, the Japanese still owned huge amounts of agricultural land in California.

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Because most lands were leased rather than rented, Japanese farmers were still able to own land for three years and in some cases more than five years as long as they did not violate covenant signed with lessors. If the law prohibited Japanese leasers from owning land, it would have caused huge disturbance to lessors, who were mostly white entrepreneurs. As such, many US civilian offshoots resented the failure of the alien land law and thus further popularized their anti-Japanese protests.

Linnaeus, C. SystemaNaturae. Holmiae :Impensis Direct. LaurentiiSalvii, 1758-1759

Linnaeus’ classification of race was conceived as one of the mainstream racial classification during early 20th century. Many scholars believed that the Naturalization Law was based on Linnaeus’ classification of race and some even argued that the theory affected how Ameri-cans perceived race other than Caucasian.

Miyamoto, F. Social Solidarity Among the Japanese in Seattle. Seattle: University of Washington Publications in Social Sciences, 1939

During the period between Gentlemen’s Agreement and the Immigration Act, which accord-ing to Nisei sociologist Frank Miyamoto was a “settlement period” of Japanese immigrants, many Japanese men brought their wives and children to America. Like other American households, these families were able to consolidate a “settled family life” and a “permanent economic foundation.” They were also able to have their second generation –Sensei- settled in America. American government believed that increased number of permanent settlers of plantations in Hawaii and California would engender economic development. But the predic-tion was wrong –in some regions like Seattle, for instance, Japanese formed Nichonmachi, an ethnic enclave where Japanese businesses and shops were concentrated. They owned 47% of hotels and 25% of grocery stores in Seattle. By 1910, across America, more than 3,000 Japanese people were self-employed, hiring 70,000 immigrants, including Koreans and Chi-nese. Despite their businesses contributing a huge momentum to the economy, the fact that the Japanese were no longer sojourners but permanent settlers disadvantaged white people, whose businesses now encountered another competition from Japanese businesses.

Ng, W. Japanese American Internment During World War II: A History and Reference Guide, Con-necticut: Greenwood Publishing Group, 2002

This book explains that there were both push and pull factors that catalyzed the wave of Jap-anese immigration during the onset of 20th century. The push factor was Japan’s shift from the “seclusion” era to modernization era. Until the mid-19th century, Japan had retained her position as Sakoku, a Japanese foreign relation policy that outlawed foreigners from enter-ing Japan without permission; hence Japanese viewed foreigners as a threat to their national identity and sovereignty. But soon, the emergence of foreign powers, coupled with America’s gaiatsu (a Japanese term for “pressure”) and Japan’s abandonment of its non-emigration policy and geopolitical isolationism paved Japan’s way to the modernization period known as the Meiji Revolution (1868-1912). However, to financially support the Meiji Revolution, the government imposed huge taxes on people. The pull factor, on the other hand, was the shortage of farmers and workers in Hawaii and California respectively as a result of shrink-ing number of Chinese immigrants. In an attempt to fill in the workforce, the US government initially supported Japanese immigration.

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Renstorm, P. The Taft Court: Justices, Rulings, and Legacy. Santa Barbara: ABC-CLIO, 2003

In this book, Renstorm explains the philosophy of Taft, and how these philosophies influ-enced his rulings. Though he did not link his philosophy to his ruling on Ozawa, I speculated that his conservative and racial background would certainly have provided him with some insight on how to handle the case that garnered massive attention.

Said, E. Orientalism: Western Conceptions of the Orient. New York: Pantheon Books, 1978

Both historically and politically, Said’s Orientalism is significant because it opens up a new benchmark of ethnic discussions to underpin the validity of the Naturalization Law and the way Asian immigrants were treated in America during the early stage of the 20thcentury. In this book, Said wrote that if Japanese immigrants are mixed with Americans, “Western knowledge and experience will be tempered by local considerations, we conscientiously think is best for the subject race, without reference to any real or supposed advantage.” The spread of Orientalism, coupled with the spread of anti-immigration sentiments plagued the media, depicting immigrants as “hounds” searching voraciously for profits while stressing out the importance of putting them in an utterly supervised and homogenized condition. Newspapers and magazines were particularly anxious at the growing number of Chinese and Japanese population. Thus, by propagating his theory of Orientalism and by highlighting negative images Orientals, or Asians, Said intensified the exclusionist sentiment among the public.

Sue-Yun, A. “Citizenship Colored: Asian American Immigration and the Legal Constructions of White National Identity.” New York University Review, 2012

In this book, Sue-Yun, the first generation Japanese American, disproves the deeply en-trenched belief that America is a “land of opportunity.” Though Sue-Yun was naturalized, she still faced many struggles to assimilate herself into the American society due to prejudice and the stigmatization of Asians. Sue-Yun was also an ardent supporter of the “critical race theory” first proposed by Flagg and later developed by Lopez, which assumes that the idea of race is premised on social relations, not science.

Weiner, M. Americans Without Law: The Racial Boundaries of Citizenship. New York: NYU Press, 2008

In this book, Weiner argues that the legal status of minority groups is essential in determining their racial boundaries of civil life. Weiner names this fuse of civic discourse and legal status as “judicial racialism,” which disadvantaged many Asians and African Americans during 1920s. I personally think that this idea of judicial racialism played a key role in determining the naturalization of Ozawa, as the intermingling of legal discourse and scientific discourse played crucial roles in denying Ozawa’s naturalization.

Weiner, M. “Naturalization and Naturalization Law: Some Empirical Observations.” Yale Journal of Law & the Humanities, Volume 10, Issue 2, Article 9 2013

In this book, Weiner reveals Judge Sutherland’s political background and links this to the reason why the court commissioned Sutherland to rule on the Ozawa Case. In the Congress,

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Judge Sutherland often heard debates about the Naturalization statue. This consolidated Suth-erland’s conservative view and findings that the Naturalization of Asians and Indians was a matter of grave national interest that needs to be well defended and thoughtful. He suggests that Sutherland’s conservative view developed into his belief of the inviolable integrity of the Union” and because of this, “in decision-making, [Judge Sutherland] sought to further that national coherence by granting the federal government extensive powers over interna-tional affairs.” Thus, the court trusted that Sutherland’s philosophy would maintain Clemons’ adverse ruling on Ozawa, despite he had no record that showed his nature of jurisprudence.

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Consciousness

Garfield Hansen Northside College Preparatory High School

Consciousness

Consciousness refers to a person’s awareness about his or her unique memories, thoughts, sensations, feelings, and environment. The conscious experiences of a person are constantly chang-ing and shifting. For example, a person maybe having a conversation with a friend then his con-sciousness shifts to a storybook he read about the same topic they are discussing with the friend. Next, it may shift to the evening dinner he plans to have with the girlfriend. These streams of thought keep changing between various events but a person’s experiences remains effortless and smooth.

In brain philosophy, consciousness was one of the first topics to be discussed by the psy-chologists (Bennett, 2007). Consciousness sensations, experiences, and thoughts were analyzed and reported by the process referred to as the introspection. Some psychologist such as William James, the American psychologist, stated that consciousness was like a stream; it is continuous and unbro-ken despite the constant changes and shifts.

Philosophical issues about consciousness

The Problem

It has been a problem explaining the state of consciousness concerning neurological basis. The sensation that a person gets when in pain is not easy to explain why it must be the sensation for pain and not any other sensation. On the other hand, couldn’t pain exist without any sensation? The term consciousness itself has a variety of uses and has been used to control behavior, report infor-mation this is a question that has experienced failure on both the side of having an answer and the materials to get an answer (Knobe, & Nichols, 2014). Nobody seems to have the answer or the tools to answer this question. There are various perspectives that try to offer solutions to this dilemma:

• Eliminativism -this one tries to avoid the problem by stating that the sensations do not exist so there is no problem to be discussed.

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• Philosophical deflationism –this perspective acknowledges the existence of consciousness but shows no commitment to the idea. It analyzes consciousness in non-phenomenal terms such as cognitive, representational, functional, and behavioral.

• Phenomenal realism-this is the perspective that explains consciousness as a substantial property, which would not be conceptually reduced. The concept of pain can therefore not be analyzed in terms of some behaviors.

• Dualistic naturalism-the perspective states that naturally, there are deeper levels in which reality can be explained. The sensation of pain is believed to exist and is accompanied by certain types of behaviors.

The place of nature in the natural world

The ways consciousness fits into the natural world is characterized by some kind of uneas-iness. Natural world has the conception of being physical; this makes it difficult to conceive con-sciousness as being part of it (Robinson, 2008). This means that for anyone to find how these two may fit into each other then the conception of one of them must be revised and find out where the other might fit in. Consciousness is a phenomenon of the brain and s the problem lies on how to configure brain to the physical world. The solution lies in the fact that mentality could have the same characteristics of neutral substance or physical substance. The problem mentioned above shows that physical process such as those of the brain are closely related to the experiences people have in their lives (Ellis, & Newton, 2010). The experiences people go through are a result of physical processes that happens in systems such as the brain.

Attention and consciousness

There is a close relation between the concept of consciousness and attention. Neurophysio-logic scientists have had some challenging questions regarding the issue of attention and conscious-ness (“history of science,” 2012). Some of the questions asked by the researchers are; is possible to be conscious of any object without attending to it? Is it possible to attend to objects, which are sup-pressed consciously? Between the two, it seems easier to define attention than consciousness. Being able to describe a face without being conscious to it means that it is possible to attend to something or someone even when you are not conscious about it.

For one to be conscious to anything, he or she has to attend to it. This means that it is tricky to attend to anything without attention (Bor, 2012). Consciousness involves being aware of something but goes further to include the content and feelings of the awareness. Attention involves vigilance, a person would always try to detect a signal whenever paying attention. Attention also involves search whereby a person would be looking for certain features in the environment. Distracters, which try to destruct a person’s attention from what he or she is searching for, are also considered in attention. This leads to the concept of selective attention. One must ignore all other features and distracters in order to focus on specific object or stimuli.

Attention is more controllable and active than consciousness. The conscious part of the brain seems to be receiving information from the outside world and then working on them. In selective

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attention, a person is involved in the processes of attending to some events while ignoring others (Menon, 2013). In consciousness, a person is able to talk about the things he had attended to. These are the things he focused on and ignored others, it therefore follows that there is a very close rela-tionship between consciousness and selective attention.

Suggestion, Suggestibility and Hypnosis

Suggestibility refers to the extent an individual is willing to accept suggestions from people. The higher the suggestibility, the greater the effect of those suggestions on how the person would perceive reality. Suggestibility depends on the state of mind of a person. Hypnosis refers to the al-tered state of a person’s consciousness and can enable a person reach higher greater suggestibility levels (Gennaro, 2012). These alterations can cause great effect to an individual including amnesia, hallucinations, and anesthesia. When a person is at the top of suggestibility then it is said the person is in hypnosis.

Suggestions have the power to influence a person’s decision. Sigmund Freud had stated that suggestion is the result of group psychology and that people are compelled to follow what the group has said or suggested. When a person receives suggestion from other people, he has time to commu-nicate with his inner subconscious being to try to find out which of the suggestions would be good. In adults, people perceive each other differently depending with what has been suggested over time therefore building and strengthening societal stereotypes.

It is a wide-spread behavior to typecast a person based on factors such as their sexual orien-tation or even race yet one has not had a first-hand experience but ends up form conceptions on about the person, society, tribe or even race.

Impact of Meditation and Yoga on Mindfulness and Consciousness

Practicing yoga increases a person’s mindfulness. The practices affect all aspects of con-sciousness enabling a person to be more aware of them and be able to create connection with the people around them (Mind & McHugh, 2006). After a short period of meditation and Yoga lessons, an individual would show improved changes in their emotional and physical consciousness. These improvements increase with time until a person has achieved a complete self-awareness. Conscious-ness involves a person’s wellbeing and the practice of yoga or meditation promotes both the mental and physical wellbeing of an individual.

When one is involved in regular yoga sessions, he would experience improved aspects in his or her quality of life and cognition. Brings the feeling of happiness and enthusiasm to face life pos-itively (In Smith, & In Whitaker, 2014). The effects of meditation are functions of the cognitive-at-tention processes, which are involved during yoga or mediation sessions. Studies have also shown that people who have been in involved in the mediation exercise for long scores high when it comes to activities that required attention. Mediation enables people to have higher sustained, executive, and selective attention.

Mediation is sometimes regarded as one of the states of human consciousness. All the five senses are involved whenever someone is experiencing the environment awake. These experiences

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at the end of the day make people so tired that they need a good rest. Deep sleep is considered by many as the time when the brain is resting. The truth is that the brain only rest during the deep sleep. All other times at least one sense is at work. Therefore, there is need to reach higher levels of con-sciousness and meditation would make it better.

Meditation prevents stress from entering persons system and the stress already the body is taken out by meditation process (Globus, Maxwell, & Savodnik, 2013). Meditation increases a per-son’s consciousness and enables people to drop negative emotions. When consciousness is in such state, a person is strong enough to face the problems and challenges of life. The person would even know how to handle things that disappoint anger or disturb them in their lives. When one reaches the highest level of consciousness, then everything else becomes simple, but one must take steps to reach the top and meditation and Yoga are the best means of reaching the top.

Daydreaming and Consciousness

Consciousness is important to humans because it connects them to the external world. When one closes his eyes, he shuts out the external reality and experiences the internal reality. In some cases, a person may find himself daydreaming because they have lost touch with the external reality (Jaworski, 2011). Daydreaming is an alternative consciousness and could be so real that one may be confused to differentiate between reality and daydreaming

Daydreaming is the easiest way to experience an alternative consciousness. Through it, one can move himself to any place he wishes to be anyway and anytime. When one stops, the imagination it never means that imagination was not real, but just that the image is no longer there. Daydreaming and relaxing may help a brain to reduce the enormous power taken by sensory perception (Bunge, & Ardila, 2007). When one sets his mind on the desire, he or she wishes to achieve, he can let himself wander away and with time the mind strengthens and bring the desired image to the daydreamer

Consciousness and Intentionality

Physicalism

Metaphysical doctrine explains that everything that exists is physical in some way. This paper discuses the doctrine both in reductive and non-reductive form. The reductive Physicalism explains that mental realm exists in physical form although it cannot be seen together with other physical aspects of the world (Bennett, 2007). The non-reductive Physicalism states that although the mind is physical, its full appeal cannot be captured by looking only at his physical properties. Through representationality, the intentionality is shown by accounting for the mind as being physical and then the consciousness function is accommodated into the physical framework.

Other group of psychologists, phenomenalist, commit to discussing the mind in the non-re-ductive form. They explain intentionality by basing their arguments on the consciousness func-tionality of the brain and not on the physical aspects. The doctrine of Physicalism has shown how intentionality and consciousness have physical aspects with them

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Representationalism

This doctrine views consciousness in terms of the intentional structure. The reductive Rep-resentationalism seeks to identify the phenomenal properties of objects and events. Humans while explaining their experiences always inspects the properties of the event or the object, which was experienced (Cavanna, & Nani, 2014). This therefore means that the human phenomenology is rep-resentational and looks at objects as having certain properties or being in particular way.

Phenomenalist

This doctrine explains that intentionality is ultimately rooted to consciousness. Phenomenal-ism is different from the Representationalism as it does not consider consciousness to exist on its own and does not accord much seriousness as the former (Dietrich, 2009). Another difference that exists between Phenomenalism and Representationalism is that the phenomenalist seeks to expand narrowness towards the realms of intentionality while the representationalists seek to expand exter-nalism towards the realms of Phenomenalism.

To achieve the expansion of narrowness they have first the reductive view of intentionality cannot be considered as consciousness (Weber, & Weekes, 2009). They therefore believe that the problems associated with intentionality would never be associated or related to consciousness. The phenomenalists have therefore worked differently from the reductive representationalists and have instead supported the works of phenomenal intentionality.

Consciousness and Materialism

Knowledge Argument

The doctrines states that physical knowledge of something or somebody does not necessarily mean that a person has the knowledge of consciousness. The formulation done by Frank Jackson showed that the girl(Mary),who was brought up in a black and white room had the physical knowl-edge of what the red color is but since she had not experienced the red color, she did not know how red looks like or how it feels to experience the color (Irvine, 2012). The girl therefore had all the physical knowledge about red but had never experienced it so she was not conscious of the red color. It therefore means that not all facts about the red color are physical.

Conceivability argument and the zombies

Zombies are considered, as the duplicate of the normal conscious human beings .they are also physical and can be conceived but are not conscious. The general argument is that zombies can be conceived but are not conscious. Materialism states that only matter and its movement exist, but the existence and conceivability of the zombies proves that materialism is false.

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Qualia and Materialism

Qualia is the term used to refer to the information and symbols that the brain uses to repre-sent experiences according to how they perceive them. Qualia therefore form part of the processes that take place in the mind of a human being (In Sytsma, 2014). Feelings and experiences have non-physical qualities and are irreducibly subjective. Materialism therefore is once again said to be non-existent and false. The process discredits materialism and has been described by some scientists as the end of materialism in philosophy.

References

Bennett, M. R. (2007). Neuroscience and philosophy: Brain, mind, and language. New York: Co-lumbia University Press.

Bor, D. (2012). The ravenous brain: How the new science of consciousness explains our insatiable search for meaning. New York: Basic Books.

Bunge, M., & Ardila, R. (2007). Philosophy of Psychology. New York, NY: Springer New York.

Cavanna, A. E., & Nani, A. (2014). Consciousness: Theories in neuroscience and philosophy of mind.

Gennaro, R. J. (2012). The consciousness paradox: Consciousness, concepts, and higher-order thoughts. Cambridge, Mass: MIT Press.

Dietrich, D. (2009). Simulating the mind: A technical neuropsychoanalytical approach. Wien: Springer.

Jaworski, W. (2011). Philosophy of mind: A comprehensive introduction. Chichester, West Sussex: Wiley-Blackwell.

Globus, G. G., Maxwell, G., & Savodnik, I. (2013). Consciousness and the Brain: A Scientific and Philosophical Inquiry. Boston, MA: Springer US.

In Smith, C. U. M., & In Whitaker, H. (2014). Brain, mind and consciousness in the history of neuroscience.

Mind2005, Di, N. E., & McHugh, C. (2006). Content, consciousness, and perception: Essays in contemporary philosophy of mind. Newcastle, UK: Cambridge Scholars Press

Menon, S. (2013). Brain, self and consciousness: Explaining the conspiracy of experience.

Sengupta, P. K., Centre for Studies in Civilizations (Delhi, India), Project of History of Indian Science, Philosophy, and Culture., & Project of History of Indian Science, Philosophy, and Culture. (2010). History of science and philosophy of science: A historical perspective of the evolution of ideas in science. Delhi: Longman.

Ellis, R. D., & Newton, N. (2010). How the mind uses the brain: (to move the body and image the universe). Chicago: Open Court

Robinson, D. N. (2008). Consciousness and mental life. New York: Columbia University Press.

Knobe, J. M., & Nichols, S. (2014). Experimental philosophy: Volume 2.

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Irvine, E. (2012). Consciousness as a scientific concept. Dordrecht: Springer.

In Sytsma, J. (2014). Advances in experimental philosophy of mind.

Mandik, P. (2013). This is Philosophy of Mind: An Introduction. New York, NY: John Wiley & Sons.

Weber, M., & Weekes, A. (2009). Process approaches to consciousness in psychology, neurosci-ence, and philosophy of mind. Albany, NY: State University of New York Press.

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Role of Institutions in Economics

Janice Fienman East High

Role of Institutions in the Economics

One of the most perplexing questions in social science is in regards to the causes of eco-nomic growth and development in different countries (Scott, 2013). Social scientists are still trying to explain why some countries are poorer than others. Further, they try to understand why some countries achieve economic growth and others stagnate. The question is what can be done to induce economic growth and therefore, improve the living standards of a society. However, it should be noted that institutions play a fundamental role in causing the economic growth and development of different countries.

Institutions are constraints which are devised by humans and shape human interaction. These are the rules of any society, and humans have to follow them in order to be part of the community. Institutions are supposed to be a major determinant of incentives. Therefore, it is expected that the latter should have a great effect on economic outcomes including growth, poverty and development. Institutions often differ among societies owing to the approaches to collective decision making used (Lewis, 2013). There are two of them that are typically used when making collective decisions: dictatorship and democracy. Secondly, they can differ due to the economic institutions available in that country. The latter include entry barriers and a set of contracts which are available to business people (Chang, 2011). Further, there could be a difference when some formal institutions perform their functions in a different way. For instance, sometimes, the distribution of political power lies with various individuals or social classes because in different societies, democracy is viewed in oth-er ways.

Economic institutions are of particular importance to economic outcomes due to the pres-ence and perfection of markets and the structure of property rights. Economic institutions are imper-ative since they have a great effect on the structure of incentives of an economic nature in society (Perkins et al., 2013). Without property rights, individuals lack the incentive to invest in human or physical capital or even adopt new technologies. Economic institutions help in the allocation of resources (Konzelmann, 2014). Further, economic institutions play a huge role in determining who will get the residual rights of control, revenues and profits. When markets are ignored or they go missing, as was the case in the Soviet Union for instance, resources are misallocated and gains from trade start to go missing (Boschma &Frenken, 2011). Societies which have economic institutions


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which encourage and facilitate efficient allocation of resources, factor accumulation and innovation will end up prospering as opposed to those that do not.

Central to political economy is the idea that institutions, and specifically economic ones, are endogenous (Pejovich, 2012). This means that they are determined by the society or at least a small part of it. Therefore, the question pertaining why some societies are poorer than others can also be answered by why some countries have worse economic institutions than others. However, there does not exist guarantee that all groups and individuals will have the same preference on a similar set of economic institutions. The reason is that different economic institutions will often result in different distribution of resources. There will usually be a conflict of interests among various individuals and groups over the selection of economic institutions (Spolaore & Wacziarg, 2012). They are chosen depending on the political power of the groups involved. Sometimes, the efficiency of one economic institution in comparison with another may play a huge role. However, most times, political power ends up being the ultimate arbiter. The group that has more political power is more likely to secure the economic institutions that it prefers.

The notion that political power is the determinant factor of economic institutions has often detrimental effects. This notion leads to conflicting interests in regards to the distribution of resourc-es and, therefore, in regards to the economic institutions (Michalopoulos & Papaioannou, 2013). However, another question is why the groups which have conflicting interests usually do not agree on the economic institutions which maximize aggregate growth.

It is imperative to note that political power involves more than political institutions. A certain group of individuals may wield political power even without political institutions (Inglehart, 2015). These individuals can revolt, hire mercenaries, use economically costly but peaceful protests or co-opt with the military so as to impose their wishes on the society. This kind of political power is called de facto and it has two sources. The first one depends on the ability of the group in question to make sure that people act in unity even when some individuals may enjoy free rides. Secondly, the power of a de facto depends on the economic resources that the group can access. This determines the ability of the group to use the existing political institutions and the force that they can use against rival groups.

Further, political institutions are also endogenous though this is slowly changing. Often, societies will transition from dictatorships to democracies and change these institutions so as to modify the constraints of those who hold power (Oatley, 2012). The distribution of political power is a key determinant of the evolution. This usually creates a tendency for persistence whereby political institutions allocate de jure political power and will maintain political institutions which gave them the power. Sometimes, de facto political power will create changes in political institutions. These changes are often discontinuous. For instance, when an imbalance of power can possibly lead to a revolution or when the threat of an imminent revolution leads to reforms in political institutions. These aspects usually influence the manner in which political institutions function, for instance, whether rules laid down in an institutions are respected in functioning democracies or in democra-cies that have failed, the rules are ignored like in Zimbabwe today.

Economic institutions matter since they shape the incentives of the key actors of the econo-my. In particular, economic institutions influence investments both in human and physical capital, technology and the organization of production. It is important to note that geographical and cultural factors also matter in regards to economic performance, but differences in economic institutions are the greatest source of cross-country differences in regard to economic prosperity and growth.


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Economic institutions control the economic growth potential of the economy and other economic outcomes such as the distribution of resources in future. The latter include human capital, physical capital or wealth. In other words, not only do the economic institutions influence the size of the pie but also how it shall be divided among different individuals and groups in the society.

The Effect of Institutions

There are differences in regard to how the political and economic life is organized (Besley & Persson, 2011). There is a lot of literature that goes in depth into the differences of economic institutions across the countries. It shows a correlation between political institutions and economic performance. Different studies use various measures to look into the issue of institutions. Some of them have used the reinforcement of property rights, others have employed corruption or entry bar-riers. All these are indicators of economic performance and can be used to determine the economic climate of a country.

The Development of Property Rights in Europe in the Middle Ages

It is necessary to give examples so as to clarify on a few issues which may come up in the context of the story.. There is no doubt that lacking property rights of the owners of land, proto-in-dustrialists and merchants had a negative effect on economic growth during this period (Esping-An-dersen, 2013). Since political institutions, the kings and various kinds of hereditary monarchies, were responsible for political power, these rights were usually given by the monarchs. However, in terms of economic growth, monarchs had every incentive to protect their own rights, but they typically did not enforce the property rights of other individuals within the country. They used their power to impose arbitrary taxation, expropriate producers, allocate the productive resources of soci-ety and renege on debts. The result of this is that economic institutions in the Middle Ages provide little investment in regard to land, human or physical capital and technology, and ultimately failed to foster the much needed economic growth (Mayer, 2012). These economic institutions also ensured that monarchs controlled a huge fraction of economic resources in the society, therefore, solidifying the political power and ensuring the existing political regime continued.

In the seventeenth century, major changes in the political and economic institutions paved way for the development of the rights of property and limited the power of the monarchs especially after the Civil War of 1642 (Dunleavy, 2014). In the Netherlands, this happened after the Dutch Rev-olution. England possessed a great amount of de facto political power until the 16th century thereby leaving aside civil wars which were related to royal succession. At the time, there did not exist any other social group which could amass enough de facto power to actually challenge the king. Chang-es in the land market of England and the expanded Atlantic trade in the 17th centuries increased eco-nomic fortunes and eventually the de facto power held by merchants and land owners. These groups were diverse, but they contained essential elements which perceived themselves as having interests that conflicted with the king’s ones. The English kings were more interested in predating against the members of the society so as to increase the incomes made from tax. The merchants and the gentry were more interested in strengthening the rights of property.


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By the 17th century, the growing prosperity of the gentry and the merchants based both on local and international trade particularly the Atlantic one (Baylis et al., 2013). This enabled them to field military forces which were capable of ensuring that the king was defeated. This de facto power was able to overcome the Stuart monarchs as they were fighting the Glorious Revolution and the Civil War. This led to a change in political institutions which stripped the king of a lot of his previous powers in regards to policy. These changes affected the economic institutions therefore strengthen-ing the property rights of both capital and land owners and spurred a great process of commercial and financial expansion. The consequence was economic growth which later culminated in the In-dustrial Revolution.

Political Institutions

Other than economic institutions, there are other kinds of institutions such as political ones (Hayek, 2012). They are responsible for placing a check on those that hold political power. For instance, this can be done through the creation of a balance of power in the society so they are par-ticularly useful for proper economic situations. The result is that without checking political power, those with power are more likely to choose economic institutions which are only beneficial for them and in the long run will be detrimental to the society. Thus, the property rights of a wide selection of people will arise. Secondly, good economic institutions are likely to arise when political power is in the hands of a broad group with major investment opportunities. The reason for this is that when all other factors are constant, power holders will benefit themselves from property rights.

Conclusion

Institutions persist for a long time and have consequences that are unintended most of the time (Auerbach et al., 2013). Different choices reflect different outcomes in political institutions and distribution of political power. Understanding implies getting to know why different countries get stuck in political equilibria which result in negative economic situations (Gwartney et al., 2014). Solving the great problem of development involves getting the knowledge of the instruments that can be utilized to push the society from the current bad political equilibrium to a good one. For instance, for African countries, promoting accountability, democracy, and checks and balances will definitely lead to better economic institutions and policies.

References

Auerbach, A. J., Chetty, R., Feldstein, M., & Saez, E. (Eds.). (2013). Handbook of public econom-ics (Vol. 5). Newnes.

Baylis, J., Smith, S., & Owens, P. (2013). The globalization of world politics: an introduction to international relations. Oxford University Press.

Besley, T., & Persson, T. (2011). Pillars of Prosperity: The Political Economics of Development Clusters: The Political Economics of Development Clusters. Princeton University Press.


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Boschma, R., & Frenken, K. (2011). The emerging empirics of evolutionary economic geogra-phy. Journal of Economic Geography, 11(2), 295-307.

Chang, H. J. (2011). Institutions and economic development: theory, policy and history. Journal of Institutional Economics, 7(04), 473-498.

Dunleavy, P. (2014). Democracy, bureaucracy and public choice: Economic approaches in political science. Routledge.

Esping-Andersen, G. (2013). The three worlds of welfare capitalism. John Wiley & Sons.

Gwartney, J., Lawson, R., & Block, W. (2014). Economic freedom of the world. Cato Institute.

Hayek, F. A. (2012). Law, legislation and liberty: a new statement of the liberal principles of justice and political economy. Routledge.

Inglehart, R. (2015). The silent revolution: Changing values and political styles among Western publics. Princeton University Press.

Konzelmann, S. J. (2014). The political economics of austerity. Cambridge Journal of Econom-ics, bet076.

Lewis, W. A. (2013). Theory of economic growth (Vol. 7). Routledge.

Mayer, T. (2012). Europe’s unfinished currency: The Political economics of the Euro. Anthem Press.

Michalopoulos, S., & Papaioannou, E. (2013). Pre-colonial ethnic institutions and contem-porary African development. Econometrica, 81(1), 113-152.

Oatley, T. H. (2012). International political economy. Boston: Longman.

Perkins, D. H., Radelet, S., Lindauer, D. L., & Block, S. A. (2012). Economics of development.

Pejovich, S. (2012). The effects of the interaction of formal and informal institutions on social stability and economic development. Journal of Markets & Morality, 2(2).

Rodríguez-Pose, A. (2013). Do institutions matter for regional development? Regional Studies, 47(7), 1034-1047.

Scott, W. R. (2013). Institutions and organizations: Ideas, interests, and identities. Sage Publica-tions.

Spolaore, E., & Wacziarg, R. (2012). How deep are the roots of economic development? (No. w18130). National Bureau of Economic Research.

Stilwell, F. (2011). Political economy: The contest of economic ideas. OUP Catalogue.

Scientific ManageMent in HealtHcare at tHe international level

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Scientific Management in Healthcare at the International Level

By Na Hyun Clare Kwon Korea International School

Preface

Scientific management is not a new concept. It was originally initiated as a concept by Fred-erick Winslow Taylor—1856-1915. Although he was a mechanical engineer his concepts of scien-tific management can be just as easily adapted to the health industry at large as they can be in the industrial world. His theory of management analyzed and synthesized workflows and suggested means of improving productivity. He attempted to apply science to the engineering processes and to its management in general. His theory has now affectionately been dubbed “Taylorism”. Briefly Taylor espoused three principles. (a) “find the best practice wherever it exist”. (b) “decompose the task into its constitute elements” and (c) “get rid of things that don’t add value”.1 With that is mind he wrote two books the first of which is considered a classic and is expanded on below.

Taylor wrote his classic “Principles of Scientific Management” in 1911 just four years before he died. His book began with three simple questions—abridged:

• How is “scientific management” different from “ordinary management”?

• Why are results better under “scientific management” than other types of management?

• Why is it important to have the right manager? The manager can make the correct decisions.2

Writing in the New England Journal of Medicine in 2016, “Medical Taylorism”, Drs. Hartz-band & Groopman espoused there were benefits to be learned from befitting Taylor’s principles to healthcare in general. For example they wrote: “…strict adherence to standardized protocols has re-duced hospital-acquired infections”.3 They quoted other instances of benefits, but they also pointed to areas where the principles were ineffective, or not relevant. (Some pros and cons will be discussed throughout this essay).

1 Eldritchpress. (n.d.) (n.a.)2 Taylor, Frederick, Winslow, 1911.3 Hartzband & Groopman, 2016.


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Introduction.

Scientific management in the healthcare industry at the international level can vary enor-mously depending on the countries involved. And of course the most salient factor that comes into play with good healthcare is the cost factor. Obviously a “first-world country” such as the United States, or a European country such as Germany, or for that matter an Asian country such as Korea would have more resources to spend—or invest—in science, or health care in general than a “third- world country” such as Nigeria.4 Healthcare, which involves scientific innovation and research, is costly. However without the expertise of good scientific management costs can spiral and efficiency can be forfeited.

The equation becomes even more complex when “second-world countries” such as Kazakh-stan, or other former Soviet bloc countries—leaving aside Russia—are introduced into the complex area of scientific management of healthcare. Then of course “developing countries” such as India or China have to be assessed to see where their level of scientific management in healthcare is at.

Furthermore the problem of healthcare, research, and scientific management becomes even more difficult when “third-world countries” are introduced. Nigeria has already been mentioned—and will be a case-study in this essay—however it is only one of many third-world countries experi-encing healthcare issues and problems, most of which like Togo, Madagascar, Guinea, Ethiopia and so forth are in the African Continent.5

With the above in mind the aim of this research essay is a complex analysis of healthcare scientific management, as well as, to a lesser degree. the availability of healthcare in the three cate-gories of “world-countries”—that is first, second and third. Developing countries normally fall into the second-world category—and this is where they will be put.

Scientific Management in Healthcare—a broad concept.

The following passage was taken from the “Archives of Medical Science”. The bolded words are what will be the emphasis of the study when analyzing the three categories of world economic importance.

“Modern health care management takes place in organizations and institutions that are becom-ing more and more complex. The management of these institutions requires broad clinical and

business administrative knowledge, but also excellent scientific skills.”6

To understand better some of the concepts bolded, above, firstly it is important to see their definition in general terms. For example how do the words “management” and “administration” fit in so neatly together when discussing an enterprise? The answer to this question is complex and even more so when it is taken to the tertiary education level. For example many universities offer degrees both in Business Administration and Business Management. Dr Leigh Richards in “What Is the Difference between Business Administration & Business Management?” goes into some de-

4 Quora. (n.d.)5 A list of Third World countries. (n.d.) (n.a). 6 Schaller, Bernhard, 2012.


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tail about the salient differences.7 To understand this fully, further research into the two concepts is advised. (Small Business Chronicle has an excellent web-site and it is suggested the reader begins here).8 Dr Richards However for the purpose of this essay we will assume both concepts are close in nature.

It is impossible to have good healthcare without good resources. And good health resources only come with the assistance of “excellent scientific skills”. Dr Catherine Valentino—a scientist—wrote a paper “Developing Science Skills”. She listed a number of “skills” that were es-sential in research—some of these would also be essential in the field of scientific management.

Listed below were these—not exhaustive.9

• Longing to know and understand

• Questioning of scientific assumptions

• Demand for verification

• Consideration of consequences

Scientific Management in Healthcare—and availability internationally.

Third-World Countries

The first study here is of a Nigerian healthcare management system. (Nigeria is an African country on the Gulf of Guinea). The study was undertaken and written by Kehinde Gbolahan So-moye. The following passage was taken from the study. “Unequal distribution of health workers is a major challenge in Nigeria health sector which should be holistically looked into by the govern-ment”.10

That Nigeria is at this time experiencing healthcare issues—the study was done in 2015—is emphasized by the following comments written by Dr Somoye. In short: (a). “…health and human development (through health) have significant impact or effect on the economic growth of the Nige-rian Economy. (b). “…unequal distribution of health workers is a major challenge in Nigeria health sector which should be holistically looked into by the government”. [government must include man-agement]. (c) “…improved health workforce contributes majorly to economic growth in different ways which subsequently will lead to the attainment of VISION 2020”. Briefly VISION 2020 went into an economic plan for Nigeria in 2020. Health in particular came in for special mention especial-ly “emergency care”, “rehabilitation care”, and “long term care”. And included in this assessment for the future came the emphasis on good administration.11

7 Richards, Leigh. (n.d.). 8 Small Business Chronicle. (n.d.). 9 Valentino, Catherine. (n.d.) 10 Somoye, Kehinde, Gbolahan, 2015. 11 Nigeria VISION 20:2020, 2009.


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Madagascar is another African country but is completely surrounded by sea—an island. As such all goods including healthcare products have to be brought in by either ships or aircraft—this of course makes the exercise expensive for a struggling country.

In 2004 the Madagasca Government initiated what it called the Madagascar Action Plan 2007–2012.12 It had a number of commitments including a strategy on healthcare. Briefly it had a plan to control and prevent HIV/AIDS, reduce infant mortality and associated maternal mortality. As well it had a grand plan to improve drinking water and general sanity—all beneficial for healthcare in general. Whether the plan actually succeeded is questionable given it was only a five-year time span. However WHO (World Health Organization) is still closely monitoring the situation and their management practices and policies are second to none.

When it comes to poverty and poor healthcare facilities the small African nation of Togo—on the Gulf of Guinea—ranks among the world’s worst. There is less than one doctor per 10,000 people. The birth mortality rate is approaching 10%. The country is just too poor to afford any worthwhile healthcare so it is left up to WHO and various charitable organizations to fill the void. Among these charitable organizations is the American charity NOAR Foundation. They are limited for funds and volunteers but surprisingly achieve good results—healthcare wise. This is testament to the management skills of the organization.13

Healthcare in third-world countries is challenging to say the least. It is difficult for these struggling countries to balance the needs of their citizen’s health issues with the meager resources available. Taylor’s principles simply do not fit into the equation. Basic survival and utilizing what is available outweighs Taylor’s recommendations of, among other things, “scientific management” and having the “right manager”.

Second-World and Developing Countries

When it comes to the correct procedures for healthcare management, leadership is all-impor-tant. The following study is a case example, specifically—a Romanian children’s hospital. Romania is generally considered a “second-world” country—although it has been sometimes referred to as a “developing” country. The study is titled “Leadership and Management in the Health Care System: Leadership Perception in Cluj County Children’s Hospital”.14

The three authors, Drs. Hintea, Mora, and Ticlau were all academics at the University of Ro-mania—specifically the Public Administration Department, Faculty of Political, Administrative and Communication Science. They were all well aware of “management and leadership in delivering healthcare services in Romania”, specifically since the 2006 Romania “Health Reform Laws”—re-viewed by Romania Parliament in 2015.15 They—Drs. Hintea, Mora, and Ticlau were quite critical of the of management leadership in the Cluj County Children’s Hospital—as we shall see in the abridged extract from their report, below. (bolded is the author’s).

12 WHO. (n.d.). 13 NOAR Foundation. (n.d.). 14 Hintea, C., Mora, Cristina, & Ticlau, T., (n.d.). 15 Parliament of Romania, 2015.


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…we were interested to see whether this new legal framework [2006 Health Reform Laws] has a managerial component and whether leadership can be a key force in changing the system. We have

conducted a pilot study in a Cluj County Children’s Hospital to see how leadership is perceived there… The results show a substantial inconsistency between the managers’ perception on his

style of leadership and the medical staff.

With the above abridged report in mind it has to be concluded that even in a developing country such as Romania there are perceived problems in their scientific management in healthcare.

Because India (1.3 billion)16 and China (1.4 billion)17 combined have an estimated popula-tion of 2.7 billion people—which represent approximately 37% of the world’s population it would be expected that their healthcare systems are constantly under stress. First let us look at India and what they have done to address their healthcare issues.

It is very unusual for the Prime Minister of a large democratic country to become intimately involved with the management of their healthcare system—this is normally the duty of the respec-tive Health Minister. Of course in consultation with his/her Prime Minister. However such was the concern of India’s Prime Minister, Dr Manmohan Singh of his healthcare system that he made a convocation address at the Jawaharlal Institute of Postgraduate Medical Education and Research in 2012 on the healthcare challenges of India that he perceived. (Jawaharlal Institute of Postgraduate Medical Education and Research is arguably the leading medical research center in India).18

The following are the healthcare issues—abridged-not transposed—as Dr Manmohan Singh saw them. (a) [we] Have to have a serious look at the medical education curriculum. (b) Commu-nication and information technology should inform and influence the design and delivery of our healthcare systems. (c) Medical education should be reconfigured. [we] Need to respond to India’s growing health needs. A complete rethink.19 Dr Singh is not only an astute world leader but a deep and powerful thinker. For him to give a veiled criticism of his country’s healthcare issues he must have been concerned for its general administration and management.

The most populous country in the world has always had healthcare problems. Most problems were associated with an expanding population and struggling economy. This reached a peak in 1979 when China introduced its “one-child policy”—since rescinded—to stimulate the economy. Coin-ciding with the replacing of the “one-child policy”20 with the “two-child policy” in 2015—also to stimulate the economy21—China also introduced a five-year health-care plan called “The National Planning Guideline for the Healthcare Service System (2015–2020)”.

Basically what the “The National Planning Guideline for the Healthcare Service System (2015–2020)” hopes to achieve in the five year timeline is addressing insufficient resources—ma-terial and human—and an improvement in services at all levels. This of course will entail better management and greater efficiency at all levels of service.22

16 World Economic Outlook Database, 2017. 17 National Bureau of Statistics, China, 2017. 18 Jawaharlal Institute of Postgraduate Medical Education and Research, Puducherry. (n.d.)19 India. Medical Times, 2012. 20 China’s one-child policy, 2006. 21 Xinhuanet, 2015. 22 Norton Rose Fulbright, 2015.


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There are many more second-world and developing countries that are striving to upgrade their healthcare systems, such as the former Soviet republics of Kazakhstan, Kyrgyzstan, Tajikistan and Turkmenistan—all overwhelming Muslim. These countries when they were part of the USSR had the support—financially—of Russia. Further research into their “new” healthcare management issues would be of interest if only to compare the “then” and “now”. The WHO website would be the appropriate place to begin this research.23

The healthcare problems, including acute shortages of medicine and trained staff, are not as critical as they are in third-world countries, but they are nonetheless still a pressing issue in sec-ond-world and developing countries. They do have the assistance of WHO, but not to the same level as what is given to third-world countries. Taylor’s scientific management principles do have a place in healthcare systems of second-world and developing countries but they are somewhat limited. Pos-sibly the most advantageous is the ability to hire “good managers”. Overseas recruitment certainly plays a part here.

Good managers may not be a pressing problem but “time” is certainly a factor. As Hartzband and Groopman point out in “Medical Taylorim” patient-doctor optimal time interaction has to be standardized to ensure efficiency. This may be happening in second-world and developing coun-tries—the lowering mortality rate in these countries may be as a result of the increased efficiency.

First-World Countries

The “first-world” countries, as mentioned, are generally resource rich—either in terms of natural resources, research facilities or manufacturing. These countries—not exhaustive—such as the United States, Germany, or Korea (Korea is considered an example in healthcare insurance success)24 are advanced in technology and can afford to spend money improving their healthcare scientific management.

For a geographical location of the First-World Countries please see Appendage—Figure 1 after the Bibliography. Below are the three countries just mentioned—United States, Germany, and Korea—and their healthcare systems and associated scientific management practices will be exam-ined—albeit briefly.

One of the first things that comes to the front when researching the United States healthcare system is its costs. It has been stated that the United States spends “considerably more on health care than any other OECD25 country”.26 There are now 35 members of the OECD—Organization for Economic Co-operation and Development.

In 2001 the United States put into action a radical plan designed to improve its long-term healthcare problems. It was titled “Crossing the Quality Chasm: A new Health System for the 21st Century”. Whilst there were hundreds of recommendations put up by the management of the In-stitute of Medicine (IOM) one of the most salient was “...while scientific evidence regarding a particular treatment’s effectiveness is not always available an effective healthcare system should

23 World Health Organization (WHO) website. 24 PMC, 2003. 25 OECD, (n.d.)26 The U.S. Health Care System: An International Perspective. (n.d.).


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use evidence-based treatment where possible”.27 (This comes back to the basics of healthcare treat-ment—scientific appraisal and appropriate treatment).

Possibly the biggest problem facing the United States healthcare system at this time is the need for change in all areas. Dr Paul Merrild writing in the Harvard Business Review in 2015 told of how he interviewed 150 healthcare leaders to assess the needs of the United States health system in the next decade or so. Over 50% of respondents believed the current system was “in need of change and disruption”.28 The title of his paper was “The Biggest U.S. Health Care Challenges Are Man-agement Challenges”. The salient words here are “Management Challenges”.

The United States is a very advanced and rich country and no doubt they will overcome any issues at the scientific and management levels. (“Taylorism” will no doubt be employed also. Please see Preface).

In 2014 the WHO issued this general assessment of the German healthcare system: “Expenditure per capita is high and access is good. However, the system also shows areas in need of improvement when compared to other countries and has low satisfaction figures with the health system in general and issues around quality of care”.29

Germany is a highly industrialized first-world European country. Of a total of over 200 coun-tries in the world Germany ranks number five on the GDP (Gross Domestic Product) scale.30 When it comes to the HDI (Human Development Index) it ranks even higher at number four.31 And gen-erally healthcare access is good and per capita expenditure is also good. Why then does the WHO believe there is low satisfaction in the health system in general? Is it just perception or are there other reasons for the low satisfaction such as poor administration or poor management? The question is complex and there is no “one” answer.

An interesting survey conducted in 2011 by Deutsches Arzteblatt International of 10,320 respondents—a considerable number for any survey—found 82% of German respondent saw a fun-damental need for change in their healthcare system.32 If this high level of dissatisfaction is found in a rich highly developed first-word country then the problem must lie with the presentation of the product, and this is turn must be an administrative or managerial problem.

We have looked at the healthcare systems in the United States and a rich country in Europe—namely Germany. It is now interesting to look at the healthcare system of an affluent and highly industrialized Asian country, Korea.

As with Germany, the GDP of Korea is high—11th on the world scale.33 It is also the world’s 7th largest importer and exporter in the world. 34

As would be expected Korea’s healthcare system is commensurate with its economic stand-ing. The OECD gave this glowing report on Korea’s medical spending and care. “Korea reports the

27 Overview of the United States Healthcare System. (n.d.). 28 Merrild, P., 2015. 29 WHO, 2014. 30 International Monetary Fund, 2017. 31 UNDP, 2016. 32 Deutsches Arzteblatt, 2011. 33 KDI. Korea Development Institute, 2017.34 Memories of Fred, 1995.


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highest share of out-of-pocket (OOP) consumption allocated to medical care across OECD coun-tries. In 2013, the share of OOP spending allocated to medical care is 1.7 times higher in Korea that the OECD average”.35

The one area that appears to come in for criticism is the excessively high cost of healthcare in Korea. A report in 2003 by one of Korea’s leading healthcare researchers, Dr Jong-Chan Lee, found a number of reasons for the spiraling healthcare costs. Briefly they were these: (a) government fail-ure to regulate the supply side of the market has resulted in excessively high healthcare expenditure. (b) a laissez-faire approach to practices by medical specialists. (c) private sector–centered hospitals and clinics’ overuse of high medical technology.36

However for all its perceived shortcomings and over-expenditure the Korean healthcare sys-tem is good in comparison to world standards.

Taylor’s principles of the right managers making the correct decisions in a scientific manner certainly assists the healthcare systems in first-world countries but as stated in “Medical Taylorism”, the more prosperous the country the more discerning the patients are. They demand a different level of care—more professional—than patients in less affluent countries.

Conclusion

Without the application of scientific management in healthcare it is fair to say many countries would experience hardship in the area. Healthcare in all its complexities is expensive. That is why it is important to have good management and good scientific procedures in place if a country’s popu-lation are to have “longevity” and a high standard of living. The essay just presented has highlighted the complexities that are involved worldwide.

When it comes to applying Taylor’s principles of scientific management to healthcare there are certain areas where they can be utilized. However as Hartzband and Groopman emphasize in “Medical Taylorism”: “…good medical care takes time, and there is no one best way to treat many disorders. When it comes to medicine, Taylor was wrong: “man” must be first, not the system.”

Finally—as an added rider—the people of the third-world countries are just as much entitled to good scientific healthcare management as people on the first-world countries. Unfortunately the “lottery of birth” as Dr Fred Hollows so aptly put it determines who will receive good health care.37

35 OECD, 2016. 36 Lee, Jong-Chan, 2003. 37 Memories of Fred, 1995.


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Appendage—Figure 1.

Below is a map of the world showing First, Second, and Third-World countries. As can be expected in any economic geographical demarcation there will be overlaps. However the definition of First-World Country “developed, capitalist, industrial countries, roughly, a bloc of countries aligned with the United States after World War II, with more or less common political and economic interests: North America, Western Europe, Japan and Australia” is obvious”.38

38 One World Nations Online. (n.d.).

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