The Fourth Amendment In The United States Essay Example For College

Abstract

The subsequent academic paper provides a comprehensive examination of the Fourth Amendment in the United States, focusing on its historical roots, fundamental goals, interpretive structure, the requirement for warrants, the standard of probable cause, impact on law enforcement practices, and current debates. The Fourth Amendment, formally adopted in 1791, emerged due to the colonial opposition to the issuance of broad warrants by British officials. The US Constitution’s Fourth Amendment shields individuals from erratic government searches and seizures. As per the critical sacred prerequisite, just reasonable justification should be utilized to give a court order, with subtleties on the extent of the pursuit and permitted seizure. In various ways, including characterizing the development of the warrant framework, restricting goals and seizures, and tending to worries over computerized security and reconnaissance innovation, the revision fundamentally affects police rehearses. Presently, there are ongoing discussions concerning the extension of the Fourth Amendment to the digital domain, the extent of safeguards for surveillance, the interplay with qualified immunity, and apprehensions regarding racial profiling. The Fourth Amendment is a pivotal component of the legal framework in the United States, establishing a delicate equilibrium between governmental power and personal freedoms.

Keywords: Fourth Amendment

Introduction

The Fourth Amendment mandates a search warrant to seize or search private property. The American legal system relies on it. The warrants must establish probable cause and specify the search scope and the items subject to seizure. Law enforcement and the public have extensively debated the Fourth Amendment’s application and interpretation. The discussions revolve around the amendment’s protection scope, its impact on police tactics, and its role in safeguarding personal liberties amidst evolving technologies and cultural norms. This article offers a detailed examination of the Fourth Amendment in the United States. It covers its historical background, rationale, interpretation, warrant, probable cause requirement, influence on law enforcement practices, and current debates.

The historical context and Purpose of the Fourth Amendment

The Bill of Rights’ Fourth Amendment was ratified in 1791. This amendment stems from the British colonial use of general warrants. The warrants in question granted officials the power to conduct searches without requiring particular probable cause or justification for any location (Swan, 2022). The colonists perceived these actions as transgressions against their fundamental entitlements. The Fourth Amendment of the US Constitution protects individuals from any infringement by the government on their private property (Huq, 2018). The amendment necessitates a declaration or affirmation made under oath, a reasonable suspicion, and precise language that identifies the location to be searched and the individuals or objects to be confiscated.

The Fourth Amendment holds significant value as it imposes stringent obligations on the government to fulfill before executing a search or seizure. Before searching, it is imperative to establish probable cause, also commonly known as reasonable suspicion (Berman, 2018). This regulation prevents law enforcement officials from acting based only on conjecture or suspicion. Law enforcement must have a warrant specifying the search criteria and the items to be taken into custody to conduct a search or confiscate property legally.

The Fourth Amendment has historical origins based on multiple events and concepts. The English common law tradition was instrumental in recognizing the right of individuals to feel secure in their homes and in establishing the principle that a strong suspicion of wrongdoing must justify government intrusion into these spaces (Smith, 2021). Colonial charters and constitutions often included protections against unreasonable searches and seizures, reflecting the influence of the common law tradition. The controversy surrounding writs of assistance in the 1760s and 1770s significantly impacted the Fourth Amendment. The British authorities utilized “writs of assistance” as extensive search warrants to search any area for contraband. John Adams and other American colonists opposed the writs as they violated personal privacy and property rights (Smith, 2021). The writ of assistance controversy emphasized the importance of probable cause in searches and seizures and the need for specific and narrowly focused warrants.

The Fourth Amendment originated from Enlightenment principles of restricted government and personal freedom. J. Locke posits that property rights are inherent and should not be obstructed by the government. The Fourth Amendment, which limits warrantless government searches and seizures, incorporates these ideas (Reamey, 2018). The historical background of the Fourth Amendment has been extensively discussed and evaluated in writing. The scope of the amendment’s safeguards has been a hotly debated subject. Lawyers and other experts disagree on how much the Fourth Amendment protects individuals. Others contend that safeguarding personal information extends beyond the physical world to the internet. The exemption of warrant requirements has emerged as a significant concern. The US Supreme Court acknowledges exceptions to the warrant requirement, such as the “open view” exceptions. Without a warrant, law officers can search a person’s home and take any valuables they find (Butler, 2020). The public’s safety is in immediate jeopardy, or the proof is otherwise apparent, and these conditions apply. These exemptions are authorized by law. Critics argue that exemptions granted to law enforcement officials could be misused, potentially undermining Fourth Amendment safeguards.

The warrant requirement and probable cause

The US Constitution’s Fourth Amendment forbids warrantless ventures of individuals or their property. The motivation behind this condition is to protect residents against meddlesome administrative activities like inconsistent quests and seizures. Probable cause and specificity regarding search area and objects of interest are requirements of the warrant process that must be adhered to. As an issue of legitimate prerequisite, police officers are commanded to lay out “reasonable justification,” which signifies judicious support for inferring that pursuit or seizure is essential (Hardaway, 2020). The Fourth Amendment expects people in meaningful, influential places to have reliable information that would cause a sensible individual’s doubt about a crime or the presence of proof that could be used against a person. This regulation guaranteed that law enforcement officials’ search and seizure procedures were not founded on conjecture or intuition.

The strict adherence to the legal mandate of procuring a warrant from a judicial or impartial entity is of utmost importance for officials. The requesting party is responsible for furnishing a comprehensive depiction of the targeted search area, a detailed inventory of the confiscated items, and a compelling justification for the proposed search or seizure grounded in the relevant facts and circumstances to effectuate such an action. The judicial officer or tribunal shall ascertain whether the warrant satisfies all other Fourth Amendment requisites and whether adequate evidentiary support underpins its issuance. There are significant exceptions. Thus a warrant is only sometimes required. When there is an immediate threat to public safety or the potential for evidence destruction, the anomaly known as “exigent circumstances” permits seizures and searches without a warrant. This exception represents this deviation from the typical warrant requirement. Law enforcement personnel have the legal authority to conduct a warrantless property search if they are pursuing a suspect who has taken refuge on the premises. This measure aims to prevent the suspect from fleeing or harming others.

The plain view doctrine is a warrantless search exception. The fundamental view doctrine allows for the seizure of observable evidence by law enforcement personnel during a lawful search, regardless of whether it is expressly delineated in the warrant. If a search for illicit narcotics is conducted, a firearm may be subject to seizure even if it is not explicitly referenced in the search warrant (Smith, 2021). The United States Supreme Court has acknowledged the warrant requirement for various exemptions. These include “authorization” and “search at the border” searches. An individual’s constitutional rights are not violated if a search or seizure is conducted with their consent under the “consent exemption” of the legislation. Border patrol officials can examine vehicles and individuals’ belongings without a warrant or other justification. The action safeguards the United States from unauthorized migration and other potential threats to its safety and security.

The Impact of the Fourth Amendment on law enforcement practices

The Fourth Amendment to the US Constitution significantly affects police systems nationwide. Without a warrant or reasonable justification, searches and seizures by policing are restricted by the Fourth Amendment (Gray, 2018). A warrant should precisely specify the location and items to be searched and seized. Law enforcement procedures have developed over time. The Fourth Amendment’s safeguards against unreasonable searches have significantly influenced the current warrant system. The government has implemented a system of oversight and accountability to avert the abuse of authority by public servants. This is a reply to the constitutional requirement for obtaining a warrant before any search or seizure. Police investigations require a contract approved by an impartial third party, such as a magistrate (Hardaway, 2020). After reviewing the evidence, the magistrate may authorize a search or seizure if necessary. The system guarantees that searches and seizures are carried out solely when required and that individuals in authority do not misuse their power.

The Fourth Amendment has contributed to establishing regulations restricting the extent of searches and seizures. The Fourth Amendment mandates that law enforcement reasonably perform searches and seizures, limiting their scope to the minimum required to accomplish their objectives. The Supreme Court has established various criteria to assess the legality of a search or seizure over time. The “plain view” doctrine has been acknowledged by the Court, enabling law enforcement to confiscate evidence that is readily visible during a lawful search (Gray, 2018). Authorities are restricted from seizing items not specified in the warrant. The Fourth Amendment has significantly impacted how law enforcement officers perform traffic stops. The Fourth Amendment mandates that seizures be grounded on reasonable suspicion of criminal activity. The Supreme Court has determined that highway stops fulfill this criterion. Police officers are only authorized to conduct traffic stops if they have probable cause, such as an offense against the law or suspicion of drug usage (Hardaway, 2020). The judiciary has established regulations governing the duration and extent of traffic stops, which require both to be restricted.

The Fourth Amendment is increasingly significant in safeguarding individuals’ online privacy. Technological advancements have provided law enforcement with new tools for digital information searches and asset seizures (Berman, 2018). The Supreme Court has held that the Fourth Amendment protects digital information and necessitates warrant-supported seizures and searches. The legal system acknowledges the necessity of restricting digital searches and seizures to safeguard individuals’ privacy rights. The Fourth Amendment has influenced law enforcement techniques in various contexts. It has resulted in establishing regulations concerning the utilization of informants and wiretaps. The Fourth Amendment mandates that searches and seizures involving informants and wiretaps must be conducted reasonably. Judicial review prevents government authorities from exceeding their limits in using informants and wiretaps.

Recent controversies and debates related to the Fourth Amendment

Contemporary discourse has raised various debates regarding the Fourth Amendment. These discussions reflect ongoing inquiries into the scope of the amendment’s protections and its proper implementation in diverse contexts. The efficacy of the Fourth Amendment in safeguarding individuals’ privacy in the digital domain has been a contentious issue in contemporary discourse. The advancement of technology has enabled law enforcement officials to employ innovative tools for conducting electronic searches and confiscating data (Tokson, 2019). The Fourth Amendment safeguards digital information, as per the Supreme Court’s decision, necessitating that authorized searches and seizures must be grounded on reasonable suspicion. Debate persists regarding the applicability of the Fourth Amendment to matters concerning digital privacy. The constitutionality of warrantless cell phone searches at the border under the Fourth Amendment has been a matter of divergent judicial opinions.

The Fourth Amendment is a robust framework for analyzing law enforcement’s utilization of surveillance. The prevalence of surveillance technology, including cameras and drones, has significantly increased in recent times. There is a discourse surrounding the utilization of said technologies in law enforcement. Advocates claim they can improve public safety and reduce crime, whereas critics argue that they may be misused and violate people’s privacy rights (Tokson, 2019). The Fourth Amendment safeguards against unjustified searches and seizures, extending to surveillance technologies. The extent of these protections regarding surveillance is a subject of ongoing debate. Debate exists regarding the interaction between the qualified immunity theory and the Fourth Amendment. Qualified immunity shields government officials, especially law enforcement officers, from civil liability as long as their actions do not infringe on established constitutional rights. Critics argue that the discussed concept hinders citizens’ capacity to ensure law enforcement’s accountability for Fourth Amendment violations, causing concern. Advocates of the doctrine contend that it is imperative in safeguarding public officials against baseless legal proceedings.

Racial profiling pertains to using an individual’s race or ethnicity by law enforcement authorities to ascertain whether to apprehend, scrutinize, or interrogate them. A debate exists regarding the implementation of this practice in law enforcement. The necessity of it is debated, with some asserting its infringement upon civil liberties and potential for bias. Intense discussion surrounds the intersection of racial injustice and the Fourth Amendment (Nance, 2019). Using racism as a thought in search and seizure choices by policing is profoundly disturbing. It may be contended that victimizing somebody in light of race or identity is off-base. Advocates argue for its significance in upholding law and order, while dissenters express opposition. The Supreme Court has ruled that the Fourth Amendment prohibits using a suspect’s race in the arrest process. The scope of these protections remains a topic of continuous discussion.

Law enforcement organizations’ growing use of facial recognition technology raises Fourth Amendment concerns. The use of facial recognition technology to facilitate widespread surveillance, tracking, and profiling has been questioned as a potential privacy violation (Nance, 2019). Insufficient regulations and the possibility of partiality and erroneous outcomes have resulted in demands for more rigorous supervision and restrictions on applying this technology to safeguard Fourth Amendment privileges. The present debate about encryption technology centers on the tension between the right to privacy and the requirement that law enforcement have access to encrypted communications. Governments and intelligence agencies have advocated for backdoor access to encrypted smartphones and messaging apps, citing the need to combat terrorism, organized crime, and other threats. However, others who support strong encryption point out that doing so could undermine Fourth Amendment protections for cybersecurity and personal privacy.

Conclusion

The Fourth Amendment holds significant importance in American jurisprudence and societal norms. The amendment’s discourse has primarily centered on a warrant and probable cause prerequisites, law enforcement implications, the equilibrium between public safety and government intervention, and apprehensions regarding privacy and civil liberties. The Fourth Amendment remains a crucial component of American law, shaping its evolution and future trajectory. The Fourth Amendment has been a subject of ongoing debate and disagreement. However, the safeguards and constraints enforced are crucial elements of the US legal system. The amendment ensures that searches and seizures adhere to legal standards, regardless of changes in cultural norms or technological advancements. The Fourth Amendment is a vital component of US law and a contentious topic regarding the appropriate relationship between the government, law enforcement, and individual liberties.

References

Berman, E. (2018). Digital Searches, the Fourth Amendment, and the Magistrates’ Revolt. Emory LJ, pp. 68, 49.

Butler, R. (2020). Stingray Stung? Analyzing Cellphones as Effects Provides Fourth Amendment Treatment. Harv. JL & Tech., pp. 34, 733.

Gray, D. (2018). Collective Standing Under the Fourth Amendment. Am. Crim. L. Rev., pp. 55, 77.

Hardaway, A. B. (2020). The Supreme Court and the Illegitimacy of Lawless Fourth Amendment Policing. BUL Rev., p. 100, 1193.

Huq, A. Z. (2018). Fourth Amendment Gloss. Nw. UL Rev., pp. 113, 701.

Nance, J. P. (2019). Implicit racial bias and students’ fourth amendment rights. Ind. LJ, pp. 94, 47.

Reamey, G. S. (2018). Constitutional Shapeshifting: Giving the Fourth Amendment Substance in the Technology-Driven World of Criminal Investigation. Stan. JCR & CL, pp. 14, 201.

Smith, M. H. (2021). The Writs of Assistance Case. University of California Press.

Swan, R. K. (2022). The US Bill of Rights of 1791: A study of the process and evolution of Madison’s work.

Tokson, M. (2019). The Normative Fourth Amendment. Minn. L. Rev., 104, 741.

Developing An Effective Cultural Advertising Strategy For Niu Electric Scooters In India Essay Sample For College

Introduction

A Chinese firm, Niu Electric Scooters, which specializes in electric two-wheelers, intends to increase its operations and introduce its brand in India. India offers a potential chance for Niu to promote its e-scooters as it is one of the world’s largest markets for two-wheeled vehicles and is dealing with pressing environmental issues (Hung et al., 2019). To successfully introduce Niu’s line of e-scooters in India, this division will build an advertising strategy and imaginative campaign considering the cultural distinctions and similarities between China and India.

Understanding Cultural Similarities and Differences

Recognizing and comprehending the cultural contrasts and similarities between China, Niu’s country of origin, and India, the target market, is critical before diving into the advertising plan. The efficiency of advertising efforts and customer behavior is highly influenced by cultural characteristics (Lin, 2022). Cultural differences can be examined using Hofstede’s cultural dimensions as a framework. Other cultural value systems, such as high- and low-context communication styles, may also be pertinent.

Hofstede’s 6 Cultural Dimensions

  1. Individualism-Collectivism: India tends to have a more collectivist culture, emphasizing group harmony and interdependence, while China leans towards a more individualistic culture, valuing personal achievements and independence (Scalera et al., 2020).
  2. Masculinity-Femininity: China and India exhibit a degree of masculinity, valuing success, ambition, and assertiveness. However, India may have a feminine orientation, emphasizing nurturing, cooperation, and quality of life.
  3. Power Distance: India has a higher power distance, indicating a greater acceptance of hierarchical structures and authority than China, which has a lower power distance.
  4. Uncertainty Avoidance: India may have a higher uncertainty avoidance, seeking stability and structure, while China has a more moderate uncertainty avoidance, displaying a greater tolerance for ambiguity and change (Sochor, 2020).
  5. Long-Term Orientation: China and India generally exhibit a long-term orientation, emphasizing perseverance, thriftiness, and respect for traditions.
  6. Indulgence-Restraint: India leans towards a more restrained culture, emphasizing self-control, modesty, and avoiding indulgence, while China may have a slightly more indulgent culture, allowing for gratification and enjoyment as stipulated by Lin (2022).

Other Cultural Value Systems

Considering high-context and low-context communication styles is crucial in addition to Hofstede’s dimensions. According to Tu et al. (2022), India is renowned for its high-context communication, in which a large portion of the content is communicated through implicit cues, non-verbal communication, and contextual comprehension. China might mix high-context and low-context communication depending on the place and situation.

Advertising Strategy and Creative Campaign

To ensure cultural relevance and resonance, it is essential to localize the advertising campaign for Niu Electric Scooters in India (Zuev, 2020). It can get achieved through the following strategies.

Advertising Strategy Description
Language and Communication To engage with the audience on a deeper level, advertisements should be written predominantly in the local language (such as Hindi or regional languages). Idioms, cultural allusions, and word selections that adhere to Indian cultural norms should be carefully considered (Hung et al., 2019).
Visual Representation The ethnic and cultural diversity of India should be reflected in the visual components of the advertising campaign. Visuals that feature regional scenery, celebrations, and customs help arouse the target audience’s sense of familiarity and emotional connection.
Celebrity Endorsements The campaign’s impact can be significantly increased by working with well-known Indian celebrities or influencers who share the same values as the company. Celebrity endorsements can foster a sense of legitimacy, trust, and intimacy with the target market.
Cultural Festivals and Occasions Indian cultural festivals and events can assist in building emotional bonds with the target population in advertising campaigns. The advertising can tap into cultural sensitivities and boost brand identification by associating Niu Electric Scooters with Diwali or Holi (Zhao et al., 2022).
Social Media and Digital Platforms Social media and digital platforms can reach and engage India’s vast digital population for advertising campaigns. Niu Electric Scooters can be promoted on Facebook, Instagram, YouTube, TikTok, and ShareChat.
Localized Marketing Channels Local dealers, distributors, and influencers can help localize the advertising campaign (Tu et al., 2022). These agreements can boost local brand awareness, distribution, and buzz.
Promoting Green and Sustainable Transportation Given India’s increased environmental awareness, promoting Niu Electric Scooters’ eco-friendliness can be effective. Focusing on carbon emissions, air pollution, and sustainability might appeal to environmentally sensitive consumers.
Emotional Appeal Indians respond well to emotive ads. The target audience can feel joy, freedom, and adventure by tapping into Niu Electric Scooter ownership sentiments. Emotional and sympathetic storytelling may grab attention and make a lasting impression.

Conclusion

Niu Electric Scooters can create an engaging and successful advertising campaign by comprehending and incorporating the cultural characteristics, values, and preferences of the target audience in India. In order to build a strong brand presence, engage the target audience, and eventually spur the adoption of Niu Electric Scooters in the Indian market, localization, cultural sensitivity, and emotional resonance would be essential. Long-term success will depend on regular market research, feedback analysis, and campaign adaptation based on consumer insights.

References

Hung, W. K., Song, J., Chen, L. L., & Sung, T. J. (2019). Design Innovation Strategy for Electric Two-Wheelers in China: A Case Study of NIU Technologies. https://iasdr2019.org/uploads/files/Proceedings/op-s-1124-Hun-W.pdf

Lin, X (2022). India’s electric bicycle market is multiplying, and there is still room for upgrading product performance. October 12, 2022, Retrieved from http://newsie.cn/TZD/TouZiDiMenuInfo/14956/2/2/TZHJ

Scalera, V. G., Mukherjee, D., & Piscitello, L. (2020). Ownership strategies in knowledge-intensive cross-border acquisitions: Comparing Chinese and Indian MNEs. Asia Pacific Journal of Management37, 155-185. https://link.springer.com/article/10.1007/s10490-018-9616-6

Sochor, J. (2020). Comparison of selected attributes in cultural dimensions as defined by Hofstede and the GLOBE Project. Central and Eastern Europe in the changing business environment, p. 270. https://ceeconference.vse.cz/wp-content/uploads/proceedings2020.pdf#page=279

Tu, J. C., Jia, X. H., & Yang, T. J. (2022). Discussion on the Purchase Factors and the User Demands of Electric Scooters from the Perspective of Consumers’ Life Style—A Case Study on Gogoro. Processes10(2), 395. https://doi.org/10.3390/pr10020395

Zhao, Y., Cao, J., Ma, Y., Mubarik, S., Bai, J., Yang, D., … & Yu, C. (2022). Demographics of road injuries and micro-mobility injuries among China, India, Japan, and the United States population: evidence from an age-period-cohort analysis. BMC public health22(1), 760.

Zuev, D. (2020). E-bike as a technological innovation system in China: transition to the stage of institutionalized certainty? Applied Mobilities5(3), 251–270. https://doi.org/10.1080/23800127.2020.1764237

How And Why Do East Asian Countries Construct And Contest Different Ideas Of The Nation Through Cinema? Sample Assignment

Introduction

Cinema in East Asia countries has become of the most fruitful study areas that have inspired scholars and other stakeholders in the field in the 21st Century. One of the key reasons is that the film market in East Asia (Japan, The People’s Republic of China, Taiwan, Korea, and Hong Kong) is increasingly expanding and garnering popularity in the global markets. In the 2018 Theme Report by MPAA (Motion Picture), the East Asian film sector (the five markets) accounted for more than 32 per cent of total global cinema box office revenue (Wang et al., 2021). Besides a growing market potential, the East Asian film performance in the international is growing. Wang et al. (2021) suggest that more than 500 East Asian films were released in the European nations between 2010 and 2018 alone. In particular, Japenese Cinema and Chinese Cinema, coupled with Holywood presence in these ,sectors have evoked serious scholarly attention as Japan and China have been among the leaders in terms of overseas box office revenue contribution recently. Besides the economics of the cinema industry, East Asian cinema reflects the mutating and complex network of social, national, and geopolitical discourses shaping and informing the past and the present (Cal, 2021). East Asian films, like the Japanese cinema and the Chinese cinema, tend to address local and international issues, spanning revolution, migration, cultural identity, civil war, globalization, gender, ethnicity, cultural hybridity, and more. The countries in this region have used cinema in many ways, sometimes to encourage boundless creativity and interaction and others as a political weapon. They also use cinema to underscore ideas of the nation with regard to the global Holywood and current affairs. This paper critically evaluates how and why East Asian countries, mainly China and Japan, as examples, construct and contest various ideas of the nation through cinema. It will use different examples and movies from these two countries to support the claims.

Ways through which East Asian countries construct and contest different ideas of the nation through cinema

By advocating and campaigning for the ideas of the nation on international matters.

East Asian countries use cinema to construct and context ideas of the nation through advocacy and campaigns on their positions regarding international issues, like War and conflict. It means films help to articulate their view on a particular issue and contest it through plot and themes in the films. These international issues could be war between countries or political tensions with another state. To this end, cinemas will design themes that communicate the issue as the nation understands it and even use scenes that underscore its stance. For example, China has previously used Chinese cinema to construct and contest the ideas of war between states. In 2029, Patriotic films dominated Chinese cinema screens throughout the National Day Holiday, with new releases and selected old movies marking the Communist Party’s list. The Battle at Lake Changjin, a piece appraising the triumph of the Chinese military against the American soldiers during the Korean ,War tops the list for the Patriotism movies that glazed the Chinese cinema screen throughout this campaign (Cal, 2021). This blockbuster, directed by Chen Kaige from Mainland China and Hark Tsui of Hong Kong and Dante Lam garnered a historic US$210 million in investment, underscoring the strength of the confidence in the genre in the wake of a growing nationalism and when China-West rivalry is escalating (Cal, 2021).

This film genre has a track record concerning the box office. Chinese Wolf Warrior II, a Rambo-style action movie, is the all-time leading-grossing Chinese movie. The film presents a soldier from Africa who saves locals and hundreds or thousands of his colleagues from American mercenaries. Released in 2017, this movie used almost 5,700 million yuan at the box office (Cal, 2021). It became so popular that it also produced the phrase ‘Wolf Warrior diplomacy,’ which described a highly confrontational and more aggressive strategy embraced by foreign ministry officers and some ambassadors in recent years.

Similarly, the film, The Battle at Lake Changjin, which starred Wu Jing, the leadan on Wolf Warrior II and Jackson Yee, presents a fatal 1950 17-day clash in freezing weather, popular as the Battle of Chosin Reservoir. In this period, Chinese soldiers sent to help Kim II-Sunh, a North Korean leader, encircled and attacked the UN troops under the US leadership (Su, 2014). The Republic of Mainland China had joined this war to aid North Korea and prevent them from being overpowered by US armies. In this movie, China depicts its stance on the tensions between North Korea and America by portraying Beijing as a victim of American aggression. Using the film, China constructs its involvement in the war as a move of self-defence. This happens despite an ongoing debate regarding if Mao Zedong knew about Kim’s decision to “liberate the South.” As the movie depicts, despite China suffering a heavier casualty than America, the UN forces were pushed ways from borders protecting the Korean territories. Through this film, China wanted to contest the American rise against Korea and construct itself as a powerhouse. One of the movie directors argues that the film seeks to warn Chinese enemies that China cannot be bullied.

Like China, Japan constructs the ideas of the nation of matters, like war using Japenese Cinema. For the country, as other forms of art, including literal literature and poetry, reflected on and contested the issue of war after the Word War II, several films were produced and directed to construct a shared identity among war victims, contesting against the issue. Through visuals instead of words, Japanese cinema constructed war as a challenge and enemy of progress as it kills and negatively affects innocent children more than the general population. Grave of the Fireflies, that Takahata Isao directed, and The Barefoot Gen, directed by Masaki Mori, are authentic examples of movies contesting against civil war. Barefoot Gen constructs these ideas through a plot involving a young boy (protagonist) during the War War II struggling to survive in the country with his little sister. A passivity time characterizes the film Grave of the Fireflies from the beginning. In the opening scene, the movie shows a tousled and scraggy boy slumped against a train station (Takahata, 1988). Simultaneously, the voice goes, “September 21st, 1945 was the night I died.” As other people pass by with a frightened and despicable facial expressions, the young boy helplessly collapses and lies on the ground. As the plot unfolds, nobody is willing to help as everyone stares at the corpse except the maintenance man who attempts to steal his belongings. After opening the boy’s box, some white objects are evident, which turn out to be her little sister’s bones. The visual of bones thrown into the ground may be interpreted to symbolize the death of vulnerable and innocent children during wartime. Through this film, Japan appears to construct war as regressive to the countries’ productivity and sustainability efforts as it kills boys and girls who should be the next generation to participate in nation-building as employees, employers, and leaders. A similar constatation is communicated by Masaki’s The Barefoot Gen through the story of a young striving to survive following the American bombing (Nakazawa, 2001). Unlike the Grave of the Fireflies, this plot gives the Japanese hope for self-cultivation and survival but still seems to condemn civilly, the country’s position on civil war. In the opening scene, the viewers encounter the picture of a vibrant and worthwhile life, where Gen, a young boy and the protagonist, goes out in the company of his family: his father and Shinji, his little brother, to the wheat field. The plot spends almost half an hour describing the well-being, happiness, and contentment in Gen’s family prior to the bombings, underscoring the good quality of life which peace cultivates for people in East Asia.

Through policy development

East Asian countries also construct and contest ideas of the nation using cinema through policy development on cinema’s relationship with global Hollywood. For instance, in China, the government developed policies to regulate the cinema through a strategy popular as Main Melody” films to minimize the global Hollywood influence and gain control on communicating the issues of culture, money and worship, and collectivism, among other ideas of the nation (Su, 2014). “Main Melody” films are a cultural asset special to post-socialist China. Earlier branded by the former Chinese president Jiang Zemin as the “Main Melody” message movies, their main goal is to universally promote socialism, patriotism, and collectivism; to vehemently contest and resist the issue of hedonism, money-worship, and extreme individualism; to vigorously condemn capitalism and any exploitive and corrupt trends. China created The “Main Melody” message and later included these themes in all films that were considered fit for Chinese people welfare and for “social progress.” The countryside uses these movies as one of the most essential instruments of the state’s ideological apparatus, tools for convincing people of the validity and inevitability of socialism in China. Through Chinese Cinema, mainly movies under Main Melody, the ruling party constructs its position and ideas on issues of imperialism versus anti-imperialism, capitalism versus anti-capitalism, and national identity.

Through providing selective subsidy to cinema industry partners

Japanese cinema and Chinese cinema tend to address local and international issues, spanning revolution, migration, cultural identity, civil war, globalization, gender, ethnicity, cultural hybridity, and more. The countries in this region have used cinema in many ways, sometimes to encourage boundless creativity and interaction and others as a political weapon. They also use cinema to underscore ideas of the nation with regard to the global Holywood and current affairs. East Asian countries contest ideas of the nation through cinema by subsiding movies that support their position in the national or international arena. For example, China offered subsidies to movies that promoted its position to encourage film-makers and directors to transfer the Main Melody message. The Chinese government took several measures to support the ‘Main Melody’ and reduce the effect of the global Hollywood to ensure its ideas were effectively communicated through cinema. First, in the film production area, China adopted a strategy of utilizing income from Hollywood imports to provide subsidies to domestic film producers (Su, 2014). This strategy aims to filmmakers construct and contest issues of imperialism, transactional, gender, and cultural hybridity as the ruling party needs.

Communicating issues of nationalism and multiculturalism

Japan and China, among other East Asia countries, communicate the issues of nationality and multiculturalism by writing and airing films that educate the public and show the countries’ ideas and stances on these concepts. For example, contemporary Japanese Cinema communicate different national ideas of multiculturalism and diversity and contest the issue of “otherness” or minority discrimination both directly and indirectly. The concept of otherness was used to define foreign residents, mainly Zainichi (Korean immigrants) in Japan, and it promulgated discrimination against this group of people. However, after the World War II and increasing globalization, Japan has embraced multiculturalism and diversity, appreciating both the foreign people. Cinema has been at the forefront of communicating these ideas. The number of Zainichi filmmakers and characters starring in Japanese films, for instance, has plummeted, depending on the country’s plan and attitude toward minorities. Licensing of such movies by the state and having many minority actors on the screen itself manifest the country and society’s perceptions of multiculturalism have positively changed, and the idea of “otherness,” which divides Japanese natives versus minority groups, has dwindled. For example, after World War II, Japanese cinema welcomed more than 25 drama movies that starred Zainichi characters and touched on issues affecting them (Martin, Pablo, and Morita, 2020). According to Martin (2020), nine of these films had Zainichi as the protagonist, and themes revolved around matters affecting this group. An example of such a film is Imamura’s Nianchan, which is based on Yasumoto Sueko’s diaries that were published. The plot entails the family breakup after the parent’s death. This family, which constituted four brothers and sisters, broke up and sank into poverty after their father and the eldest brother lost jobstheir . The setting of the film is a mining town, with the overarching theme of greed, sheer poverty, and struggles for survival in the regions that were left behind during the postwar recovery. In a nutshell, this theme contests the issue of marginalization of the Zanichi community and other immigrants who live in abject poverty in Japan.

Chinese Cinema produced or directed by ethnic minority filmmakers in China has also increased since the late 1980s, indicating the representation of minorities in Chinese film and the country’s progression toward multiculturalism. These products are consumed locally and internationally, so they are a true representations of how China constructs the issue of multiculturalism and contests racial discrimination in Hollywood. Eat a Bowl of Tea (1989), A Thousand Years of Good Prayers (2007), A Little Bit of Heart (1985) by Dim Sum, and .Ang Lee’s Eat Drink Man Woman (1994), ‘Father knows best’ trilogy, and The Wedding Banquet (1993) are some examples such movies, which glazed screen locally and globally, communicating Chinese stance of cultural diversity and multiculturalism (Han, 2018).

Additionally, in the advent of globalization, films have been used to promulgate East Asia countries’ ideas on culture and identity, like in China. Chinese cinema has constructed this subject by integrating Western culture into local films, which has progressively been a trend among Chinese martial art movies. Some examples of such epics include Ang Lee’s Crouching Tiger, which won the 2002 Oscar Best Foreign Language Film Award in 2001 (Zhang, 2019). This film has influenced the Chinese filmmakers to integrate foreign culture into their works, substantially constructing Chine as a multicultural and culturally diverse country. Because Chinese culture differs with Western culture in terms of identity, styles, and forms, the integration of Western culture into the Chinese Cinema has resulted in hybridization, as in Crouching Tiger, Hidden Dragon. One might argue that through Cinema, China has shown its support for hybridization and cultural integration in the film industry and other spheres of society.

Why do East Asian countries construct and contest different ideas of the nation through cinema

Ability to hold audience captive

East Asia countries use cinema to contest or conceptualize national ideas because of the film’s ability to hold audiences captive. Movies are used to create awareness about and popularize the country’s ideologies and policies among the masses and international players because they can convince audiences more than other forms of mass communication (Igbashangev and Ongunyemi, 2018). As earlier highlighted, the East Asia cinema industry has grown with increasing consumers locally and globally. Therefore, as they serve the growing consumer base, countries use the cinema to promote their ideas on social transformation, and communicate their position on international matters (like civil war and tensions), anti-corruption, and diversity. Besides, films help to create a compelling story, combining speech and visuals, reaching all populations, including those with visual impairments and reading problems. Therefore, cinema offers an effective tool to communicate the social and political position of a country concerning a pertinent issue.

Integrating entertainment and Message of ideas of the nation

Additionally, East Asia countries use cinema to construct the national idea because films are used by all population segments for entertainment, so they can reach their audience better. The consumers of movies include fans of martial arts, drama and comedy, action movies and series, and more. As such, This feature enables films to pass the intended message to the viewers as they entertain themselves with the scripts.

Wide global reach

Lastly, East Asia countries can take advantage of the growing digital technology to reach a wide audience faster and have a lasting impact. With the growing use of the internet and social media networks, including YouTube, Netflix, Instagram, TikTok, and more, consumers of movies across the globe can stream from the comfort of their smartphones, tablets, or personal computers. This factor has made it possible for the message contained in movies to reach many people both within the East Asia countries and worldwide. For these reasons, governments and filmmakers use cinema to construct their ideas on prominent issues and contest others which they think have a negative impact on society or the country. The bottom line is that the message will reach a wide audience in a cost-effective manner, especially when a film goes viral or trends in social media. Furthermore, social media allows the audience to give their immediate reactions through comments, likes, and sharing, allowing countries to get feedback about their communication effectiveness. The bottom line is that gains a negative reception can cause massive destruction because online communities share and influence each other quickly and throughout a wide geographic coverage (Igbashangev and Ongunyemi, 2018). On the positive side, a movie that substantially impresses the public through its message can be a good tool for construction due to rapid sharing across the Internet and social media sites.

Conclusion

This essay has explored ways through which East Asian countries construct and contest ideas of the nation through cinema, using different examples of films from Chinese cinema and Japanese cinema. The general argument has been that East Asian countries, especially China and Japan, have significantly constructed and contested ideas of the nation through cinema. For example, both countries have used cinema to construct the national and citizen’s view about civil war and its impact using Chinese cinema and Japanese cinema. They both construct civil war as negative, destructive, and a barrier to social transformation and the country’s progress. China also contested the American-Korea tensions and war using cinema by airing Patriotism films that condemned the war during a holiday campaign. The analysis also revealed that East Asian countries construct the ideas of the nation through policy development and subsidizing films that engender and promulgate their ideologies. Ideas of the nation about multiculturalism, corruption, and cultural diversity are some of the issues that the filmmakers construct and contest. Finally, East Asia countries use cinema to communicate or contest national ideas because film can hold people captive better than other mass communication channels, have a wide reach in the current technological age, and helps blend entertainment with a social and political messages.

Reference

Cal, J., 2021. Korean war epic leads the way as patriotic themes set the tone for Chinese movie releases over the National Day holidayhttps://hero-magazine.com/article/182727/east-asian-cinema-analysis-chinese-transnational-dreams

https://www.google.com/amp/s/amp.scmp.com/news/china/politics/article/3150923/korean-war-epic-leads-way-patriotic-themes-set-tone-chinese

Berry, C., 2016. Pema Tseden and the Tibetan road movie: space and identity beyond the ‘minority nationality film’. Journal of Chinese Cinemas10(2), pp.89-105. http://dx.doi.org/10.1080/17508061.2016.1167334

Martin, C., Pablo, M. and Morita, N., 2020. Japan beyond its borders: transnational approaches to film and media. Seibunsha. http://eprints.bbk.ac.uk/id/eprint/40885/

Igbashangev, P. A. and Ongunyemi, M., 2018. The Role of Film in National Development https://ssrn.com/abstract=3891597

Wang, X., Pan, H.R., Zhu, N. and Cai, S., 2021. East Asian films in the European market: The roles of cultural distance and cultural specificity. International Marketing Review38(4), pp.717-735. https://doi.org/10.1108/IMR-01-2019-0045

Han, Q., 2018. Negotiating identity in the diasporic space: transnational Chinese cinema and Chinese Americans. Continuum32(2), pp.224-238. http://dx.doi.org/10.1080/10304312.2017.1301380

Su, W., 2014. Cultural policy and film industry as negotiation of power: The Chinese state’s role and strategies in its engagement with global Hollywood 1994–2012. Pacific Affairs87(1), pp.93-114.

Zhang, J., 2019. A cultural discourse analysis of Chinese martial arts movies in the context of glocalization: taking crouching tiger, hidden dragon and hero as cases. Advances in Language and Literary Studies10(3), pp.32-41. http://dx.doi.org/10.5509/201487193

Takahata, I., 1998. Grave of Fireflies. [Video].Youtube https://www.bing.com/videos/search?q=Grave+of+the+Fireflies&qpvt=Grave+of+the+Fireflies&FORM=VDRE

Nakasawa, M., 2001. TheBarefoot Gen. [Video].Youtube https://www.bing.com/videos/search?q=the+Barefoot+Gen&qpvt=the+Barefoot+Gen+&FORM=VDRE