Posts Tagged ‘legal processes’

“PENDING MATTERS”

August 29, 2026
Ricardo F. Morín
Temple of Zeus Underwater
CGI
2003

The siblings had spent many years trying to conclude matters that had survived both of their parents.  Their father had died nearly three decades earlier.  Their mother died years after him, and even then the responsibilities did not end.  Properties remained unsold.  Before those matters were completed, another loss entered the family.  The middle sister died the year before.  Her own property and affairs now had to be incorporated into responsibilities that had already extended across many years.

Old registries and chains of title extending into the nineteenth century carried certifications, seals, and annotations from different decades and governments.

The country itself had changed during the last three decades.  Currency and property lost value before transactions could be completed.  Offices closed and reopened under different regulations, sometimes even under different names.

To release properties, formalize transfers, and liquidate assets, it became necessary to gather records, certifications, and documentary chains that different offices and fiscal authorities required for review.  Procedures stalled among administrative demands, fiscal obligations, and intermediaries capable of accelerating processes that otherwise could remain paralyzed for months.  Files accumulated beside seals, signatures, and annotations originating from different decades.

The matters had already extended across months and years.  Meanwhile the siblings aged separately on opposite sides of the Atlantic.  The oldest, still practicing law in Venezuela, continued moving between courts, registries, and offices in pursuit of unresolved claims and transfers.

At the same time, land previously belonging to the family remained tied to a legal dispute after having been illegally expropriated by the State years earlier.  Defending the claim required certifications, archival records, legal filings, authorizations, appeals, and countersuits.  Municipal fees, taxes, and procedural costs continued accumulating while the responsibilities themselves remained unfinished.

From outside the country, it was possible to perceive only partially how procedures there changed from month to month and sometimes from day to day.  Some introduced further demands.  Others became unavailable altogether.  Another day had already been spent moving between offices, registries, and courts.

Messages moved constantly between them through calls, forwarded emails, receipts, scanned documents, explanations, and reminders.  One sibling asked whether a payment could still be completed before another increase in tax fees made the transfer even more burdensome.  The reply listed offices already visited that week and certifications still missing.  Before the question returned again, the exchange had shifted toward an earlier disagreement others believed had already been resolved.

The second oldest, who had left Venezuela many years earlier, explained to one sibling that reminders concerning powers of attorney were meant to prevent delays.  To another, he explained that unanswered messages were beginning to be understood differently.  One sibling wrote late into the night to avoid misunderstanding.  Another answered briefly the next morning before returning to the offices.

A signature believed to be sufficient was later rejected for lacking an additional authentication no one had mentioned before.  One office requested papers already sent weeks earlier.  Another confirmed receipt but could not say when the matter would be reviewed.  A delayed response no longer remained only a delay.

Some questions received partial replies.  Others were acknowledged and left unanswered.  A message asking whether the funds could still be sent before the end of the month received only this reply:  “We are doing what we can from here.”  Another asking whether the property sale documents had already been submitted received a response about summer travel plans and whether the necessary signature would still be available in time.

He remembered a childhood game in which a sentence passed from one person to another until it returned altered, sometimes accidentally and sometimes not.  At the time, the changes were part of the amusement.

When he attempted to describe some of this, one sibling told him that he was philosophizing again.  The remark was mild enough to avoid argument, yet the explanation did not continue after that.

A requirement completed one week returned the next with another condition attached to it.

A message revised several times before being sent remained unanswered for days.  Another received only a brief acknowledgment that did not refer to what had actually been written.  By the time the next reply arrived, what had gone unanswered in the earlier message had already begun shaping the exchange that followed.

Later, a message arrived saying that one of the unresolved matters had finally been completed.  No one referred to what had preceded the resolution.  The exchanges resumed in a calmer tone, and attention moved toward whatever remained pending.

Ricardo F. Morín, May 7, 2026, Bala Cynwyd, PA.


“CIVIC AGENCY”

December 9, 2025

*

Ricardo Morín
Teratological Topographies Series One: CIVIC AGENCY
Oil On Linen
Quadtych: Each panel: 14 by 18 by 3/4 inches
2009

Ricardo F. Morín

November, 2025

Oakland Park, Florida

Billy Bussell Thompson, Editor, NY, NY

This essay examines conditions frequently distorted by ideology, moral inheritance, or historical narrative.   Questions of sovereignty, occupation, revolution, exile, and national identity are often debated through claims that appeal to absolutes—religious entitlement, historical grievance, or revolutionary legitimacy.   These claims differ in language but share the same structure:   they place a single idea over civic realities of people whose lives are structured by such narratives.

To address what is obscured by these narratives, the essay turns to a structural factor that cuts across these differences:   civic agency, understood as the capacity of people to shape the conditions of civic life through their participation, representation, and lawful processes.   When civic agency is removed—whether through external control, internal authoritarianism, or deterrence directed at displaced populations; the form of the constraint may change, but the civic effect remains constant.

This essay does not compare political histories.   It examines how State power, in its various configurations, regulates civic life.   It considers how ideology obscures this regulation and how populations experience the consequences of decisions in which they have little or no role.   The goal is not to reduce political conflict but to call attention to the structures that determine whether freedom is possible or remains beyond reach.

This essay will argue that the most reliable way to understand situations that appear politically incompatible—such as Palestinian statelessness and Cuban authoritarian sovereignty—is to examine the structural absence of the civic agency that defines both.   Although the forms of constraint differ, the civic condition comes together:   the State, whether external or internal, restricts the capacity of the population to shape its own civic life.   By analyzing how State regulation limits participation, suppresses representation, or fragments jurisdiction, this essay will show how civic agency becomes the central measure of freedom.   It will further examine how ideological narratives, policies of deterrence, and migratory pressures hide this structural reality.   The aim is not to adjudicate political claims but to bring to light the conditions under which civic life can be formed, protected, or denied.


1

Every attempt to understand political life must begin with the recognition that populations do not experience freedom as an abstraction; they experience it through the structures regulating their civic existence.   These structures determine how decisions are made, how authority is exercised, and whether or not people can participate in shaping the conditions for their own lives.   Civic agency is therefore not an ideal but a condition that either exists or not.   When it is absent, freedom appears as a formal claim rather than a lived condition.

2

Civic agency consists of three components:   participation, representation, and lawful process.   Participation allows individuals and communities to influence public decisions.   Representation provides continuity between the governed and the governing body.   Lawful processes ensure that authority is exercised within defined limits.   When any of these components is removed, the people lose their capacity to shape the civic environment they inhabit.   This loss may occur by external regulation, internal authoritarianism, or policies reducing civic life to a set of restrictions that diminishes a shared domain.

3

The absence of civic agency can take different forms.   A population may be governed by institutions that do not recognize the communities’ sovereignty and thus leave civic agency subject to regulations that the people have no significant role in its shaping.   Alternatively, a people may inhabit a sovereign State that suppresses political pluralism, restricts lawful dissent, and monopolizes institutional authority.   In both cases, the civic condition is suppressed:   the people are without the ability to influence the rules that govern them.

4

The Palestinian case illustrates the first form.   Multiple authorities regulate movement, territory, and public life without providing unified jurisdiction or sovereign protection.   Decisions made by external States define daily existence and leave the population without consistent civic rights or a stable institutional framework.   The absence of sovereignty is not only territorial but civic; this absence takes away the mechanisms by which participation and representation are possible.

5

The situation with Cuba represents the second form.   Although the State possesses sovereignty, it concentrates political authority within a single institutional apparatus and restricts lawful avenues for dissent, competition, or structural reform.   Citizens live under a system that maintains political continuity by restricting avenues for participation.   Sovereignty prevails; civic agency is limited.

6

Palestine and Cuba differ, of course, in history, structure, and origin; yet they align in one respect:   the State, whether external or internal, restricts participation in ways that make civic agency unattainable.   The absence of agency is the common element that marks the civic condition beneath political narratives.   This absence also provides a framework through which populations that experience different forms of constraint are to be understood without conflation.

7

Ideological narratives frequently align with existing distributions of power.   Religious entitlement asserts that land is secured by divine mandate rather than civic protection.   Revolutionary rhetoric proclaims that political authority is justified by historical struggle rather than accountability.   Both forms of narrative elevate an absolute over the civic realities of the population.   They replace agency with allegiance, and they interpret restriction as necessity, and not as a failure of representation.

8

Migration provides a third lens through which the limits of civic agency become visible.  People leave their countries when the structures regulating their lives collapse or become uninhabitable.  They seek stability, protection, and the ability to rebuild civic participation in new surroundings.   Yet policies of deterrence in host States often mirror the pressures that displaced them.   The new States restrict the migrants’ movements, their access to social institutions, and narrow the possibilities of belonging to a civic order.   These policies do not reproduce the original dilemma, but host States reintroduce the experience of living under rules that they cannot influence.

9

For many asylum seekers, these restrictive measures narrow the distance between the pressures that forced their departure and the pressures they encounter upon their arrival, a shift that makes stability hard to distinguish from exclusion.  European examples such as Denmark and the United Kingdom reveal how deterrence is used to discourage asylum without acknowledging the civic vacancy it creates.  The United States employs similar policies at its borders and presents deterrence as an instrument of order, which leaves migrants suspended between exclusion and unresolved civic status.

10

The structural argument is not that these situations are equivalent, but that the absence of civic agency creates a civic condition transcending political differences.   Populations ruled without participation, governed without representation, or confined within systems that restrict lawful processes experience freedom as external to their civic environment.   This condition cannot be explained by ideology because ideology addresses identity, justification, or legitimacy—not agency.

11

Understanding civic agency clarifies the difference between political claims and civic realities.   Sovereignty does not guarantee freedom; revolution does not guarantee participation; religious entitlement does not guarantee protection.   Civic agency exists only when people can shape the conditions that guide them.   When this becomes impossible, the people do not inhabit a civic order but a regulated space.

12

When civic agency becomes the measure through which political life is understood, ideological narratives lose their authority, and the structure of constraint becomes visible.  This visibility does not resolve conflict but reveals the conditions under which freedom can either emerge or remain unapproachable.   Civic agency is where the possibility of civic life begins and where its absence becomes structurally apparent.