La question qui nous animait au départ était de savoir si notre droit faisait sienne l'utopie d'un monde du travail où règnerait le bien-être, en toutes circonstances. Que peut-on en dire désormais ? Sur le plan des principes, il est indéniable que le législateur, depuis la loi du 4 août 1996, s'inscrit dans cette idée. Son parti pris est clair : le risque n'est pas une fatalité. L'analyse des principes régissant le « système dynamique de gestion des risques » en atteste clairement . Ce n'est donc pas le fruit du hasard si la loi consacre, de manière expresse, la primauté des mesures de prévention qui éliminent les risques (à la source) sur celles qui ne peuvent qu'éviter ou limiter les dommages. D'autres principes, encore, participent de cette idée que tout risque doit être chassé du monde du travail. On pense, ainsi, à l'obligation de réaliser des analyses de risques à tous les niveaux (global, groupes de postes, individuel), à celle d'anticiper les nouveaux risques qui pourraient être créés par des mesures de prévention (et d'en prendre des nouvelles, en conséquence) ou encore à l'exigence de plans de prévention qui permettent de réfléchir la politique préventive tant à long terme qu'à plus court terme. Il faut souligner, en outre, l'importance cruciale du principe de dynamisme applicable à la politique de prévention: il signifie que rien n'est jamais acquis. Autrement dit, l'analyse des risques à un moment « t » (et la prise de mesures de prévention qui s'en suit) n'empêchent en rien qu'au moment « t+1 », de nouveaux dangers soient détectables. Les travailleurs étant en première ligne face aux risques, on comprend évidement toute l'importance qu'il faut accorder à leurs observations. Pour parvenir à concrétiser le bien-être au travail, l'employeur n'est pas seul. Certes, c'est à lui que revient le pouvoir (et même devoir) d'initier le SYDYGRI, mais toute sa mise en œuvre procède, quant à elle, d'une logique fondamentalement collective. L'employeur garde le pouvoir de décision, mais ce sont tous les autres acteurs (travailleurs, CPPT, ligne hiérarchique, services de prévention) qui sont les garants de la qualité des différentes analyses de risques et des mesures de prévention prises en conséquence. Une bonne gestion des flux d'information sera donc primordiale pour assurer un bon fonctionnement du STDYGRI, et ce, au-delà du simple respect des procédures de concertation et d'avis préalables prévues par les dispositions « bien-être ». Cela nous amène à faire une remarque importante. Une véritable politique de prévention ne peut être conçue dans une optique purement légaliste . Si le législateur a fixé les buts à atteindre, et posé certaines balises contraignantes, il n'en reste pas moins que le contenu concret de la politique de gestion des risques dépendra de l'énergie que l'entreprise sera prête à investir à cet égard. Nous utilisons le terme « investir » à dessein. Il est en effet important de sensibiliser le monde de l'entreprise au fait que le coût que peuvent représenter les mesures de prévention (voire de promotion) pour le bien-être au travail ne constitue jamais une perte sèche. Au contraire, il est un fait avéré que le bien-être des travailleurs rapporte pour l'entreprise par le biais de différents phénomènes tels qu'une diminution des jours de maladie et d'absence, une meilleure productivité, une motivation accrue ou encore un renforcement de la créativité . Pour autant, il ne faudrait pas déduire des marges de manœuvre ainsi laissées à l'employeur que le droit du bien-être n'aurait (plus) rien de contraignant. D'une part, il y a le fait que le changement d'approche vers une prévention globale ne doit pas faire perdre de vue qu'il existe toujours de nombreux régimes de prescriptions détaillées et techniques . D'autre part, et c'est un point crucial de notre travail, nous avons pu constater que les obligations en matière de prévention, sont à considérer, pour une partie d'entre elles, comme de véritables obligations de résultat. Ainsi en va-t-il, sans être exhaustif, des obligations telles que : disposer d'analyses de risques tant au niveau global qu'à celui des groupes de postes (et même au niveau individuel ), initier le système dynamique de gestion des risques et édicter les plans de prévention, respecter la hiérarchie des mesures de prévention ou encore informer ses travailleurs sur les risques résiduels liés à son activité et les mesures qui ont été prises à cet égard. En sus de celles-ci, nous avons également mis en évidence qu'il existait une obligation de moyens transversales qui s'appliquait à tous les endroits où une marge de manœuvre est laissée à l'employeur. Cette approche casuistique – pour laquelle nous plaidons afin d'éviter l'incertitude du débat relatif à la nature de l'obligation « générale » de sécurité de l'employeur – présente l'avantage, en isolant ainsi toute une série d'obligations de résultat, de permettre un allègement de la charge de la preuve devant le juge lorsqu'il y a lieu de prouver une faute (tant civile que pénale). Mais en outre, grâce à cette grille de lectures , il parait tout de suite plus facile d'imaginer mobiliser l'exception d'inexécution ou d'autres actions plus « préventives » comme une action en exécution en nature de l'obligation de résultat, le cas échéant en référé sous astreinte. Cette dernière situation ne doit cependant pas faire penser que la voie judiciaire est à privilégier. En effet, il va de soi que la priorité doit aller au dialogue social. A défaut de pouvoir trouver une solution en interne, il sera alors temps de contacter l'inspection sociale, dont le rôle peut s'avérer extrêmement utile. En effet, nous avons vu que celle-ci disposait d'une large palette de moyens pour que les entreprises appliquent les dispositions en matière de prévention des risques. D'un pouvoir de conseil – qui mériterait d'être plus amplement exploité – à un pouvoir d'arrêt de l'activité total du travail en passant par l'imposition de mesures de prévention déterminées, l'inspection du travail possède généralement les outils pour résoudre les problèmes de prévention du bien-être au travail . Cependant, deux éléments empêchent de considérer l'inspection du travail comme le Messie du droit du bien-être. Le premier réside dans le fait que, comme beaucoup d'autres organes étatiques, on lui consacre trop de peu de moyens (notamment humains). Le second réside dans le fait que, de l'aveu même des inspecteurs, la surveillance des règles relatives au système de gestion des risques est difficile à mettre en œuvre, à tel point que certains inspecteurs s'interrogent « sur l'opportunité de dresser un procès-verbal de constat d'infraction étant donné que la chance de poursuite pénale parait très faible en cas d'absence d'analyse des risques » . Si nous espérons que notre travail contribuera modestement à rendre leur tâche plus facile, on ne saurait leur rappeler toute l'importance qu'il y a à dresser de tels procès-verbaux. En effet, nous avons vu que si les régimes assuranciels prévoyaient une immunité civile au profit de l'employeur, celle-ci tombait en cas de violation grave de la législation sur le bien-être constatée préalablement à l'accident par un procès-verbal . Si ce dernier a donc une utilité quant à l'étendue de la réparation que pourra obtenir un travailleur (ou ses ayants-droit) en aval d'un dommage, il y a fort à parier que celui-ci aura plus généralement un effet persuasif, et donc préventif. En effet, l'employeur, au vu de la menace de poursuites pénales et de la perte de son immunité civile, comprendra bien souvent tout l'intérêt, pour lui, de donner suite au procès-verbal. A propos de l'immunité civile de l'employeur, il faut d'ailleurs remarquer que celle-ci mériterait d'être repensée, tant les cas susceptibles de la faire tomber sont, mis à part les accidents sur le chemin du travail, de l'ordre du cas d'école . En opérant une réforme qui limiterait plus fortement l'immunité civile de l'employeur, on s'inscrirait d'ailleurs dans une perspective bien plus conforme au droit européen dont on sait qu'il exige que son respect soit assurée par des sanctions efficaces, dissuasives et proportionnées . Le fait de rabattre les cartes de la responsabilité civile de l'employeur permettrait ainsi d'augmenter sa vigilance, et, in fine, l'effectivité de l'ensemble des obligations de prévention . Cette question de l'immunité civile et de ses exceptions nous amène d'ailleurs à mettre en lumière le fait que les (trois) piliers du droit du travail ne sont pas hermétiques . Ainsi, à travers les questions relatives à la responsabilité civile de l'employeur, nous avons vu que la question du concours des responsabilités contractuelle et extracontractuelle pouvait être généralement résolue grâce au fait que les manquements à la loi du 4 août 1996 et ses arrêtés d'exécutions sont sanctionnés pénalement. Ainsi, grâce à cette règlementation d'ordre public, le recours en responsabilité aquilienne est largement ouvert et permettra ainsi à la victime de profiter de ses avantages par rapport à la voie contractuelle . De manière plus générale, on peut également souligner le fait que, pour réaliser le système dynamique de gestion des risques, nouveau phare du droit de la réglementation du travail, le législateur fait expressément appel aux « mécanismes propres aux relations collectives » . Le CPPT est ainsi un acteur clé de la politique de prévention. Pour parachever cette conclusion, nous pouvons dire que la marche vers l'utopie d'un monde du travail dénué de risques est lancée. Sur cette longue route, des balises sont posées, et nous avons démontré qu'elles comportaient, pour la plupart, un véritable pouvoir contraignant . Si le législateur a montré le chemin, il doit encore se donner les moyens d'assurer que chacun arrive à bon port. Aux côtés du manque de clarté terminologique et de l'absence de soutien véritable aux PME dans la mise en œuvre du SYDYGRI, l'un des reproches majeurs que l'on peut formuler au législateur réside dans le manque d'investissements dans les services de la DG Contrôle du bien-être. Sa double casquette de conseiller et de sanctionnateur fait de lui un maillon qui a tout le potentiel pour tendre vers un mieux-être au travail. Si les mécanismes répressifs resteront probablement toujours nécessaires, il ne faut en effet pas perdre de vue que les motivations qui poussent à respecter une norme ne procèdent pas toujours de la crainte de la sanction. En vue d'un changement de mentalités, qui serait salvateur à maints égards, la politique de la carotte doit dès lors être renforcée : d'une part, sensibiliser fortement le monde de l'entreprise (et académique ? ) aux avantages économiques d'une bonne gestion des risques (et, plus largement, d'une politique de promotion du bien-être ) et, d'autre part, encourager les entreprises en mettant en place plus d'initiatives pour récompenser les bonnes pratiques. ; Master [120] en droit, Université catholique de Louvain, 2016
Margaret Cavendish was a powerful, eccentric woman of the seventeenth century. Cavendish grew up wealthy, educated, and did not conform to the world around her. This ultimately led her to the creation of her book, The Blazing World, which tells the story of an empress who is transported to a new world, the blazing world. Here she becomes an empress with philosophical servants of bird-men, spider-men, and more, who study math and science. Cavendish, who had much interest in the topics of science and philosophy, used her interest in these topics to create a story full of imagination for her readers to enjoy. ; Winner of the 2022 Friends of the Kreitzberg Library Award for Outstanding Research in the Junior Arts/Humanities category. ; 1 Taylor Richard Professor Carl Martin EN 370 27 April 2021 Margaret Cavendish's Powerful Leadership in The Blazing World Margaret Cavendish was a powerful, eccentric woman of the seventeenth century. Cavendish grew up wealthy, educated, and did not conform to the world around her. This ultimately led her to the creation of her book, The Blazing World, which tells the story of an empress who is transported to a new world, the blazing world. Here she becomes an empress with philosophical servants of bird-men, spider-men, and more, who study math and science. Cavendish, who had much interest in the topics of science and philosophy, used her interest in these topics to create a story full of imagination for her readers to enjoy. During the seventeenth century, the expectation of women was to be a caretaker for their home and for their children. Many women during this time did not pursue becoming a writer, and they did not become educated in science or philosophy. As a writer, she was able to use this platform to share her knowledge with the rest of the world even though that was not the common role of a woman during this period of time. Cavendish has imagined a world that allows her audience to be introduced to women of impenetrable intelligence, and leadership. Although women's voices were not often heard in seventeenth-century politics, it does not mean that they believed in the jurisdiction of men of power. Margaret Cavendish was an intelligent woman who knew when and how to speak her mind and although it was only a resistance to warfare, believed that there was peace within women of power. 2 Margaret Cavendish was not only a woman of power and leadership in The Blazing World but was a woman of riches in her tangible world as well. Her husband William Cavendish was the first Duke of Newcastle making him a man of political power. The seventeenth century was an era of male dominated political power and rivalry that "produced the court as a fraught environment" (Edwards and Graham 10). The standpoint of many authoritative men at this time, including William Cavendish himself, was "inducing fear to produce love" and forcing a woman's will to be "subject to her husband" (Edwards and Graham 131). This mindset his how William and other men of power viewed their control over their subjects. Margaret Cavendish a voice for women's political standpoints in this era, entertained some opposing views to her husbands. Margaret believes "one's wit must be carefully managed" in order to have control (Edwards and Graham 135). The seventeenth century was an era that was ran by men who believed that they could control the world with words and by inducing fear. Margaret Cavendish represented women who knew when to bite their tongue to gain control over difficult situations. The big takeaway from seventeenth century politics is that although women's voices were not often heard, it does not mean they agreed with the way of male jurisdiction. Margaret Cavendish created The Blazing World so that she may express her own ideologies of philosophy and political power. Margaret even included herself, the Duchess, in her fantasy world as a companion of the Empress along with many others. Looking through the eyes of a feminist critic, women are said to have a "more relational sense of selfhood in which their identity is felt to be intertwined with that of others" (Grice). Cavendish's Empress finds strength through intelligent and meaningful conversations with her fellow companions 3 throughout her story. The Empress benefits from talking through her ideologies and learning from the beast-men and the Duchess. Her power is not defined by control and she is instead empowered by her kindness and wise decisions making. Women possess an attentive, caretaking personality that allowed Cavendish to create a woman of power that valued the opinions of others in order to live in a political society without dangerous warfare and split- second decisions. Margaret Cavendish "implies a pacifist rejection of the violence and upheaval that devastate her family and her husband's estate" (Anderson 225). Having experienced what men of power allow in her own personal life, it allowed Cavendish to imagine a world where women of power abstain from violence in order to lead a more peaceful world. Cavendish begins the Empress's time by introducing all of the animal-men with discussions about their studies. The Empress asks each group a series of questions on their studies, and they each reply with the best answer to their knowledge. She asked questions about the sky, the weather, the sea, the Earth, microscopic beings, and more. Each time an answer is given by one of the animal-men, Margaret Cavendish's voice would shine through and provide an answer to the questions being asked. In this part of her book, she was able to express her thoughts, ideas, and showcase her knowledge to her readers. Showcasing her knowledge in this way may have seemed unconventional during this time to those around her, however Cavendish found a way to express herself as a woman with knowledge and interest in science in the seventeenth century. She boldly tries to "avoid one-sidedness, searching for more comprehensive answers" (Holmesland 1). Cavendish possessed knowledge and theories that she was able to share through her writing each time the empress asked a question. When the spider-men arrive, who are the Empress' mathematicians, she explains that she finds their 4 work confusing and does not have any questions to ask the spider-men. The Empress then claims, "there is so much to learn in your art that I can neither spend time from other affairs to busy myself in your profession" (Cavendish 97). She goes on to explain that she does not think that she could ever understand their imaginary points because math is about non-beings. Cavendish liked to discuss the more tangible things in the world as opposed to numbers and mathematical equations. Women were generally not taught mathematics during this time; therefore, it could have been impossible for Cavendish to discuss that subject in her book by lacking the knowledge to do so. Having grown up wealthy Margaret Cavendish was blessed with obtaining an education, but as a woman in her time. Even though this is true, it did not withhold her from gaining and education and using her voice of reason. When it came to some of her ideas, Margaret Cavendish was ahead of her time and a very intelligent, imaginative woman. In her story, Cavendish's Empress and her people were in need of ships to go to battle and began to grow worried that they did not possess a ship narrow enough to fit through a passageway. This worry of the blocked passageway is when Cavendish's Empress mentions the creation of "ships that could swim under water" (145). Cavendish published her book in 1666, and during this time submarines were merely a prototype and were not actually used in battle until the late 1700's. Although Cavendish was viewed as having a wild imagination, she imagined an invention to be used in difficult situations of war an entire century before it became a reality. Inventors and scientists use their imaginations every day to come up with new ideas for the world. But, because Margaret Cavendish was a seventeenth century woman, ideas such as hers seemed very far-fetched to the readers of her story. Cavendish's character allowed for thought and peace to be woven into her adventure, further 5 making her a strong leader. The Empress was able to problem solve without using words of violence and ultimately spoke volumes to the ability of a female leader. Margaret created a heroic character in her story, and the "heroine is Margaret in disguise" (Grant 154). In her time, most women were expected to stay home and become a caretaker of their husbands, but Cavendish decided that she wanted more and became a powerful writer. Women only being looked at in this light, lead people to believe her imagination was as eccentric as Margaret Cavendish herself. However, this was not the truth about Cavendish who was a woman capable of paving the way for progressive women to follow. Margaret Cavendish imagined a world that she found new and exciting. In her story of the Empress and her adventures she introduces the Duchess, a platonic friend that she comes to know and love. The two become very close and share many intelligent conversations throughout this part of her story. In Cavendish's real world, women found friendship in their female neighbors to avoid loneliness while their husbands were away. Women found comfort in their friendships, but they still did not have a voice. Margaret Cavendish created the two female characters to represent a strong female friendship, as well as a representation of strong female leadership. Cavendish was able to imagine new roles for women in politics to show what women could be capable of in a position of power and leadership. At a point in her life Cavendish went as far to say that there was "general war amongst the men yet there has been none amongst the women" (Anderson 225). Cavendish felt as though women were capable of being more peaceful leaders. However, Cavendish only knew of warfare to solve disputes between other countries in her own personal life. In The Blazing World she states "neither would she return into the Blazing-world until she had forced all the rest of that World to submit 6 to that same Nation" (151). Although she was a woman of power, it did not necessarily mean she was willing to always solve disputes peacefully, as she perhaps did not know that there was another way. When writing her book, Cavendish also wanted to engage a female audience as well as a male audience. By creating a science fiction story, Cavendish was able to imagine a world with romance that engaged her female readers as well as share her philosophical ideas. Female readers can learn about Cavendish's scientific ideas and creations while also being exposed to a world with two powerful, front-running female characters. Margaret Cavendish was able to imagine a world capable of inspiring other women to have their own ideas and to use their own imagination to learn about the world and the science behind its existence. The dynamic between the Empress and the Duchess, although imaginary, created a world where the women have choice and control over their own lives unlike the reality of the world during the seventeenth century. Margaret Cavendish appeared as an eccentric woman who steered away from the proper role of a woman. Realistically, Cavendish was a woman who was ahead of her time and had the ability to use her imagination to tell a science fictional story that showcased her philosophical ideas and opinions of the world she lived in. Cavendish imagined animal-men as her servants that brought her philosophical thoughts from her mind to paper. As well as sharing her ideas for her readers, she imagined ships, alternate realities, and a world that could be ruled and saved by women. Margaret Cavendish was not afraid to force her readers out of the comfort zone of their own societal norms. Cavendish was a representation of what women were capable of despite the societal norms that were accepted at the time of her book's 7 publication. The seventeenth century did not provide a platform for women to openly share their thoughts on philosophical matters if they were lucky enough to be educated. By creating an imagined world, Cavendish was able to create characters that voiced her ideas, and a society that she longed for herself and for fellow women. 8 Works Cited Anderson, Penelope. Friendship's Shadows: Women's Friendship and the Politics of Betrayal in England, 1640-1705. Edinburgh University Press, 2012. EBSCOhost, search.ebscohos.com/login.aspx?direct=true&db=e000xna&AN=534504&scope=site Cavendish, Margaret. The Description of a New World, Called the Blazing World. Edited by Sarah H. Mendelson, Ontario, Broadview Press, 2016. Edwards, Peter, and Elspeth, Graham. Authority, Authorship and Aristocratic Identity in Seventeenth Century England: William Cavendish, 1st Duke of Newcastle, and His Political, Social, and Cultural Connections. Brill, 2016. EBSCOhost, search.ebscohost.com/loginaspx?direct=true&db=e000xna&AN=1407672&scope=site. Accessed 6 April 2021. Fletcher, Angus. "The Irregular Aesthetic of 'The Blazing World.'" Studies in English Literature, 1500-1900, vol. 47, no. 1, 2007, pp. 123-141. JSTOR, www.jstor.org/stable/4127496. Accessed 1 April 2021. Grice, Helena. "Gender and Life Writing." Encyclopedia of Life Writing: Autobiographical and Biographical Forms, edited by Margaretta Jolly, Routledge, 1st edition, 2001. Credo Reference,https://search.credoreference.com/content/entry/routlifewrite/gender_and_life_writing/0?instituionld-2540. Accessed 1 April 2021 Holmesland, Oddvar. Utopian Negotiation: Aphra Behn and Margaret Cavendish, Syracuse University Press, 2013. ProQuest Ebook Central, https://ebookcentral.proquest.com/lib/norwich/detail.action?docID=3410167
In: Koch , L 2004 , ' Der Erste Weltkrieg als Medium der Gegenmoderne : zu den Werken von Walter Flex und Ernst Jünger ' , Doctor of Philosophy , University of Groningen , Groningen .
1. Inleiding Tussen de 'visies op de oorlog' die in de teksten van Walter Flex enerzijds, in die van Ernst Jünger anderzijds tot uitdrukking komen, ligt het trauma van de materiaalslag. Walter Flex, voornamelijk aan het oostfront ingezet, vocht in een van de laatste veldslagen van de door Eric Hobsbawn zo genoemde 'lange' 19de eeuw. Ernst Jünger daarentegen, in België en Frankrijk ingezet, nam deel aan de eerste 'moderne' oorlog van de 20ste eeuw. Walter Flex vervulde in zijn rol van schrijvend soldaat een belangrijke propagandistische functie in de 'geestelijke mobilisatie' van de Duitsers. Geleid door diepgewortelde antimodernistische ressentimenten trachtte hij in zijn werk de oorlog te isoleren van de concrete politieke, sociale en economische context van 1914 en ethisch te interpreteren als manifestatie van een hoognodige 'culturele katharsis' van het Wilhelminische keizerrijk. Zodoende sloot de schrijver, wiens bekendste werk, Der Wanderer zwischen beiden Welten, tussen 1917 en 1933 tot de best verkochte Duitstalige boeken behoorde, aan bij de cultuurkritische geestelijke heroriëntatie van de Duitse 'Bildungsbürger', de hoogopgeleide burgerlijke intellectueel, die de jaren voor de oorlog had ervaren als een tijd van toenemende culturele nivellering en vervlakking en nu het moment zag aangebroken dat eindelijk in een nationale krachtsinspanning de voortschrijdende, heel de maatschappij doordringende modernisering werd gestopt en de socio-culturele klok kon worden teruggezet. In de roes van het 'augustusgevoel' begon de Bildungsbürger in een ware stortvloed van pamfletten, memoranda en krantenartikelen de lof te zingen van een nieuwe tijd, die eens zou aanbreken en geheel in het teken van nationale grandeur zou staan. Van de oorlog verwachtte men - zoals bijvoorbeeld Flex' tijdgenoot Erich Marcks, bekend als biograaf van Bismarck en aan het eind van zijn carrière docerend op de leerstoel die ooit Ranke bezette - het begin van 'een nieuwe bezieling, een innerlijke verrijking en verduitsing van de nieuwe Duitse mens'. Waar tot dan toe 'maatschappij' bestond, zou - zij het in een vorm die paste bij de nieuwe tijd - opnieuw 'gemeenschap' groeien. Vier vernietigende jaren later stond met de ondertekening van het vredesverdrag van Versailles het Duitse keizerrijk en daarmee de intellectuele conservatieve bovenlaag voor een moreel bankroet. De oorlog was verloren, de alom verkondigde 'Duitse opmars' naar een 'plekje onder de zon' was in een 'Duitse treurmars' veranderd, de waarden van de westerse geallieerden hadden getriomfeerd over de Duitse oorlogsideologie. Negen miljoen mensen en onder hen ook twee miljoen Duitse soldaten hadden - althans uit Duits perspectief - voor niets het leven gelaten, en een hele generatie ontheemden keerde terug in een land dat grondig was ontwricht, een land dat zich binnen zijn grenzen had geconformeerd aan de politieke structuren van de winnende coalitie en dat nu zijn vroegere oorlogshelden vooral een sociale en politieke belasting vond. In de werken waarin Ernst Jünger vanuit de jaren twintig terugblikt op de oorlog, weerspiegelt zich hoe zeer hij en anderen waren ontgoocheld door de afloop van de strijd. Maar hoewel Jünger de normen en waarden van het Westen bleef afwijzen en daarmee aanknoopte bij de cultuurkritiek van voor 1914, kwam hij in zijn conclusies voor het heden tot een afwijkend standpunt. Voor hem was duidelijk dat met de immanente logica van de moderne industriële oorlog een elementaire kracht zijn intrede had gedaan die de bestaansvoorwaarden van de mens wezenlijk had veranderd en een terugkeer naar de goede oude tijd definitief verhinderde. In romans en krantenartikelen, maar in het bijzonder in zijn essay Der Arbeiter, ontwikkelt Jünger een antimodernistisch moderniteitsconcept, dat onvoorwaardelijk brak met 'pessimistische' cultuurkritiek en 'optimistisch' geloof in de vooruitgang en een poging deed om technische modernisering te verzoenen met politieke en sociaal-culturele reactie. 2. Thema Aan de hand van de verschillende interpretaties van de Eerste Wereldoorlog in respectievelijk het werk van Walter Flex en dat van Ernst Jünger wordt geprobeerd licht te werpen op de constanten en veranderingen in het Duitse conservatieve denken uit de eerste drie decennia van de 20ste eeuw. Een goede reden om eendiepgaande studie te maken van het werk van Flex ligt in het feit dat in diens teksten de centrale ideologemen ofwel deelaspecten van de burgerlijke oorlogsideologie - de religieus overtrokken interpretatie van de oorlog als een culturele en geestelijke katharsis, de romantische verheerlijking van het soldatenleven als nieuwe volksgemeenschap, het geloof in de charismatische leider - op exemplarische wijze tot uitdrukking komen. Ernst Jünger is gekozen omdat in diens oorlogsboeken de literaire ontwikkeling naar een 'nieuwe zakelijkheid', een tendens die in principe bij alle vertegenwoordigers van de zogenoemde conservatieve revolutie in de jaren twintig valt waar te nemen, pregnant tot uitdrukking komt. Tegen die achtergrond wordt getracht de tussen beide auteurs bestaande verschillen in literaire waarneming en verwerking van de werkelijkheid te definiëren, deze verschillen een plaats te geven binnen het kader van de geschiedenis van mentaliteit en maatschappij, en ze ten slotte te toetsen op de mate waarin zij semantisch compatibel en integreerbaar zijn in het discours van die tijd. Verduidelijkt wordt op op grond van welke retorische overwegingen bepaalde topoi door de auteurs in hun teksten worden ingezet, welke formuleringsstrategieën zij hanteren en welk verwachtingspatroon door hun schrijfstrategie wordt opgeroepen. Daarbij wordt niet vergeten dat de twee auteurs de oorlog vanuit een verschillende biografische, psychische en wereldbeschouwelijke achtergrond beleefden, en dus de analyse van ieders afzonderlijke belevingswereld tegelijk ook licht werpt op belangrijke aspecten van de extra-tekstuele productievoorwaarden. Walter Flex, jaargang 1887, was een typische representant van die groepering onder de Bildungsbürger die hoopte dat de Eerste Wereldoorlog korte metten zou maken met de maatschappelijke modernisering. In zijn werk ontwikkelde Flex een regressieve, antimodernistische samenlevingsutopie, waarin de Bildungsbürger uit de laat-Wilhelminische periode, worstelend met een gevoel van vervreemding en verlies aan status, de verloren gewaande harmonie en geborgenheid herwint in de eenheid die door de oorlog wordt gesmeed. De oorlog wordt in die holistische schrijfstrategie bijna uitsluitend geënsceneerd als geestelijk leerproces, als een leerervaring die sterk genoeg blijkt te zijn de Duitsers uit hun gevoel van morele lethargie te bevrijden. Flex voert zijn lezer een archaïsche oorlogswereld binnen waarin traditionele waarden, die naar Flex' idee al eeuwenlang hun kracht hebben bewezen, het enige zijn dat telt: geloof, offervaardigheid, vriendschap, kameraadschap. Met de afwijzing van het maatschappelijke en politieke moderniseringsproces gepaard gaat een vorm van 'esthetische regressiviteit', die als dominant stijlmiddel alle teksten van Flex semantisch draagt en met haar eclectische naïviteit de doelgroep passend bedient. Aan de gedichten en romans die Flex tijdens de oorlog schreef, valt op dat zij stilistisch en thematisch teruggrijpen op romantisch-ridderlijke rekwisieten en elementen uit de burgerlijk-traditionele waardecanon, terwijl de wrede realiteit van de moderne oorlog volledig wordt genegeerd. Concrete werkelijkheid - hier wordt het werkingsmechanisme van het neohumanistische beschavingsideaal bijzonder duidelijk - moet wijken voor symbolische creatie van gemeenschap en blijft buiten beeld. Ernst Jünger, geboren in 1895, meldde zich in de hoop op een groot 'avontuur' vrijwillig voor het leger. Anders dan bij Flex was in 1914 Jüngers verwachtingspatroon nog niet stabiel en politiek verankerd, de oorlog leek hem vooral een mogelijkheid om te ontsnappen aan de gehate burgerlijke benauwdheid van het ouderlijk huis. Zijn nationaal-conservatieve wereldbeeld ontwikkelde zich pas onder de indruk van de ontluisterende oorlogsroutine en het onverholen echec van de juist door de Duitse Bildungsbürger zo fel gepropageerde 'Duitse missie'. Jünger werd relatief onvoorbereid geconfronteerd met de feitelijke depersonalisatie van het individu in de slijtageslag aan het westfront. De door de burgerlijke oorlogsideologie geboden zingevingspatronen en interpretatiemodellen konden hem, oog in oog met de gruwelijke chaos van de totale oorlog, in geen enkel opzicht bevredigen. In tegenstelling tot Flex, die het rad van de tijd terug wilde draaien, kwam Jünger tot de opvatting dat het bloedige proces van technische onderwerping en vernietiging van de mens, zoals zich dat op exemplarische wijze gemanifesteerd had in de materiaalslag rond Verdun, niet ongedaan viel te maken en dus tot in de uiterste consequentie moest worden geaccepteerd. Anders dan bij Flex, die omwille van de romantische fictie de ware gruwelen van de oorlog verbloemde, ontwikkelt zich in Jüngers oorlogsboeken een affirmatief symbolisch concept. De auteur van In Stahlgewittern observeert met een mengeling van afstand en fascinatie de gruwelen van de loopgravenoorlog, om ze vervolgens als onverschrokken reporter met literaire pretenties geschiedfilosofisch te duiden. Ernst Jünger benutte daarom de relatief moderne vorm van het dagboek, het krantenartikel en het essay voor zijn systematische pogingen zijn beleving van de oorlog op een bovenpersoonlijk plan te tillen en zichzelf te positioneren in het literaire en politieke discours van de Weimarrepubliek. Terwijl het werk van Flex meteen vanaf het eerste oorlogsgedicht werd beheerst door een conglomeraat van onwrikbare ideologemen, weerspiegelt zich in Jüngers teksten een denkbewéging, een die pas in de loop der jaren ideologisch verstarde. In zijn vroege oorlogsboeken In Stahlgewittern (1920) en Der Kampf als inneres Erlebnis (1922) experimenteert Jünger met heroïseringsstrategieën, die hij uit het werk van Nietzsche heeft ontwikkeld en die - althans in retrospectief - ten doel hebben de soldaat voor totale psychische overweldiging door de gruwelen van de oorlog te behoeden en zijn daden de schijn van persoonlijke autonomie te verlenen. Aansluitend ontwikkelt de auteur in het midden van de jaren twintig onder invloed van het werk van Oswald Spengler een eigen concept van 'heroïsch realisme', dat de onomkeerbaarheid van de technische modernisering als uitgangspunt neemt en naar het voorbeeld van Georges Sorel en diens mythetheorie een lans breekt voor een totale nationalisering van de maatschappij. Door een steeds weer met veel pathos geënsceneerde affirmatieve houding weet Jünger zo van object en slachtoffer van de geschiedenis weer te veranderen in het subject, dat als dader een zinvolle rol krijgt toegewezen in het historisch proces. In de essays Die totale Mobilmachung (1931) en Der Arbeiter (1932) wordt Jüngers analyse van de Eerste Wereloorlog afgerond. De auteur schetst in die teksten het supranationale visioen van een totale, hiërarchisch georganiseerde arbeidersstaat waarin het individu zijn subjectiviteit en persoonlijkheid heeft verloren en - conform het principe van bevel is bevel - alleen nog een radertje is in het proces van radicale technische mobilisatie van alle krachten. 3. Doel Voor vele studies van de laatste jaren is het typisch dat zij zich in hun beschrijving van het conservatieve Duitse denken beperken tot afzonderlijke periodes, bijvoorbeeld niet verder gaan dan het einde van de Eerste Wereldoorlog of alleen maar de jaren twintig bekijken. Kijkt men echter naar Ulrich Becks theorie van het antimodernisme en neemt men die als uitgangspunt voor een vergelijking tussen het werk van Walter Flex en dat van Ernst Jünger, dan blijkt heel specifiek te beschrijven wat overeenkomst en verschil is binnen de conservatieve wereldbeschouwing tijdens én na de jaren 1914-1918. Duidelijk wordt dat Ernst Jüngers concept van het militante modernisme gezien moet worden als een conservatieve reactie op de schok waarmee de Bildungsbürger ontwaakte uit de ethisch-normatieve droom van de Duitse oorlogsideologie. Ook het denken en schrijven van Walter Flex wordt, aan de hand van centrale topoi als 'protestantisme' en 'nationalisme', gepositioneerd in het 19de- en 20ste-eeuwse milieu van de Bildungsbürger, waardoor een beeld ontstaat van de existentiële gevoelens van hoop die velen in dat milieu met de oorlog verbonden en die in de roes van augustus 1914 tot uitdrukking kwamen. Een zowel synchroon als diachroon perspectief maakt het mogelijk de ingrijpende grenservaring van de oorlogsnederlaag in al haar verwoestende intensiteit te beschrijven en tevens zichtbaar te maken dat de onvoorwaardelijke omhelsing van de techniek die Jünger én de meeste andere representanten van de 'conservatieve revolutie' demonstreerden, een collectieve vorm van verwerking van naoorlogse problemen was. Door niet uit het oog te verliezen waarom de Eerste Wereldoorlog gezien werd als bron van 'culturele vernieuwing', kan ook de 'reactionaire moderniteit' van het conservatieve denken in de jaren twintig in al haar gelaagdheid en aanvechtbaarheid worden begrepen. Wat ook aandacht krijgt, is de vraag wat de psychische, filosofische en ideologische implicaties zijn van het feit dat naast Walter Flex' idealisering van de jeugdig bevlogen martelaar, in de oorlogsboeken van Jünger nu ook de verheerlijking van de emotieloze figuur van de 'stoottroepleider'/'arbeider' treedt. Bekeken wordt hoe diepgaand het zo op het eerste gezicht manifeste verschil in verwerking van de oorlog bij beide auteurs nu feitelijk is, en of die twee literaire personages, die twee in eigentijdse vorm gegoten antropologische types, niet beide een antwoord zijn op dezelfde, oerconservatieve behoefte aan eenheid en integratie van alle in het moderne industriële tijdperk divergerende sociale deelsystemen. Beide schrijvers reageren met hun literaire constructies van wereld en leven op de confrontatie met een door hen als onpersoonlijk ervaren werkelijkheid. Beide worden gedreven door hetzelfde verlangen naar dubbele integratie, die enerzijds een oplossing moet zijn voor klemmende bestaansproblemen van de moderne mens, maar - in vervolg daarop - ook de mens als individu een zinvolle plaats in de samenleving moet geven. Beide schrijvers zagen de oorlog als diepe cesuur in de voortgang van het maatschappelijk leven, voor beide was de oorlog het symbool van een fundamentele crisis, maar tegelijk - conform het narratieve model van een seculiere Apocalyps - ook voorwaarde voor het ontstaan van een nieuwe tijd. Tussen hun beider visies op de oorlog, zoals die in hun teksten tot uitdrukking komen, ligt het trauma van de materiaalslag. Na de duidelijke mislukking van Flex' regressieve utopie, die het burgerlijke verlangen naar een nieuwe persoonlijke totaliteit koppelde aan het streven naar de sociale homogeniteit van de 'volksgemeenschap', kwam Jünger, enkele jaren later, met een progressief concept, waarin hij de mens dwingt zich te conformeren aan het type van de 'arbeider' en zich te wapenen met het pantser van de in het Arbeiter-essay ontworpen 'organische constructie'. Hoe antiburgerlijk zich Jüngers pathos van een 'gevaarlijk leven' ook mag voordoen, ook zijn teksten zijn uitdrukking van een universalistisch denken, een denken dat zijn holistische motivatie heeft aangepast aan de situatie van een als 'bloedturbine' begrepen moderne tijd en dat daarom de 'eenheid mens' alleen nog maar kan zien als een 'geharnast type', dat onvoorwaardelijk is geïntegreerd in het systemisch mechanisme van de 'arbeidsstaat'. Op de uit de dynamiek van de modernisering voortvloeiende onzekerheid reageren beide schrijvers met het ontwerp van een ordening. Maar terwijl Flex nog dacht dat hij centrale elementen van het moderne leven - zoals systeemdifferentiatie, rationalisering, individualisering en technologisering - kon negeren in een romantisch-idealistisch tegenmodel, zag Jünger zich gedwongen technologisering en rationalisering in zijn geschiedfilosofie te integreren, om zo tot een nieuw ontologisch kernperspectief te geraken dat fragmentatie en nivellering teniet zou doen. 4. Methode De studie als geheel sluit aan bij een interdisciplinaire onderzoeksrichting die zich de laatste jaren in de cultuurwetenschappelijke theoriedebatten duidelijk heeft geprofileerd. Meer specifiek oriënteert zij zich op probleemstellingen uit de literairhistorische discoursanalyse, de mentaliteitsgeschiedenis en de historische semantiek. Een analyse van het rond 1900 ontkiemende sociologische discours vormt het kader voor een bespreking van de wezenlijke structuurkenmerken van de moderne tijd, waarna de kern van de studie volgt: een interpretatie van de teksten van Flex en Jünger. Binnen die werkanalyse zijn in het kort drie zwaartepunten te onderscheiden: a. Walter Flex Positionering van het denken en schrijven van Walter Flex in de context van het wereld- en zelfbeeld van de Bildungsbürger in de 19de en het begin van de 20ste eeuw, met speciale aandacht voor Georg Bollenbecks studies over de Duitse Bildungsbürger, tevens refererend aan relevant ideeënhistorisch onderzoek naar de Eerste Wereldoorlog. Fysiognomische en historisch-antropologische beschrijving van de jeugdig bevlogen 'wilsmens', belichaamd door Ernst Wurche, waarschijnlijk Flex' bekendste personage. Analyse van de ontstaansvoorwaarden van de teksten van Walter Flex en het effect van die teksten op het discours van de Bildungsbürger tijdens de oorlog en in de jaren twintig. Analyse van de mate waarin de 'wandelaar tussen twee werelden' een voorbeeldfunctie vervulde, met name voor een lezerspubliek dat in niet onaanzienlijke mate afkomstig was uit de jeugdbeweging. b. Ernst Jünger Bespreking van de oorlogsboeken van Ernst Jünger. Reconstructie van de ontwikkeling in Jüngers denken, lopend vanaf de verschillende heroïseringsstrategieën in Stahlgewitter via de nationaal-revolutionaire fase 1925-1930 tot aan de geschiedfilosofische duiding van oorlog en moderne tijd in het essay Der Arbeiter. Plaatsing van de wereldbeschouwing van Ernst Jünger in het discours en de context van de 'conservatieve revolutie'. Analyse van de ontstaansvoorwaarden en receptie van de teksten, essays en krantenartikelen van Jünger, met extra aandacht voor het effect van die publicaties op de door Michael Wildt zo genoemde 'absolute' generatie. Fysiognomie en antropologische structuur van de 'stoottroepleider'/'arbeider', gezien in het licht van een 'ethologie van de kilte'. c. Vergelijking Kritische vergelijking van Flex en Jünger, toegespitst op de vraag of de conservatieve motivatie in denken en schrijven van beide auteurs 'specifiek' valt te noemen, of anders gezegd: of zij op persoonlijke, eigentijdse wijze een antwoord geven op het verlangen naar individuele en sociale integratie. Positionering van de antropologische aanpak binnen het meest recente onderzoek naar de 'fysiognomie en antropologie van de jaren twintig'. Korte beschouwing van de receptie van beide auteurs in de tijd van het nationaal-socialisme. Beschrijving van de plaats van beide 'wereldoorlogsfysiognomieën' in het symbolische repertoire van de nationaal-socialistische dictatuur.
Confession without Borders: 1st Wave Feminism against Woman's Right Disproportion in AtiqRahimi'sThe Patience Stone TitikHariPangestu English Literature Faculty of Languages and Arts State University of Surabaya Titik_hari@ymail.com Diana Budi Darma, SS. M.Pd. English Department Faculty of Languages and Arts State University of Surabaya Dianabd9@gmail.com Abstrak Penelitianinimemfokuskanpadaketidakseimbanganatashak-hakperempuan di Afghanistan denganmenggunakantindakantokohutamadalam novel inisebagaisumberdalamtesisini. Ktidakseimbanganhakmunculsebagaiakibatdaridominasisatusisikesisi lain. Masalahpertamadalamtesisiniberbicaratentangdominasilaki-laki. Yang keduamengungkapkanpengakuanperempuansebagaicerminandarifeminismegelombangpertama. Dalammenjawabpertanyaanpertama, penelitianinididukungolehteoripatriarki, sertadidukungolehbukuNawal El – Saadawi, dimanabukuiniberfokuspadadominasilaki-laki di wilayahArab. Permasalahankeduaakandijawabdenganmenggunakanteoridarifeminism, yang mengkhususkanpada feminismgelombangpertama. Analisisiniakanmenunjukkanbahwaketidakseimbanganperempuandisebabkanolehadanyawarisan agama danbudayasecaraturuntemurundalamkomunitasini. Setelahmenggambarkandoominasikaumpria, selanjutnyatesisiniakanmenggambarkanbagaimanaperempuan di wilayahinimenghadapiketidakseimbanganini. Tesisiniakanmengemukakan,sistemPatriarki yangdinilaisebagaipenyebabmunculnyaketidakseimbangantersebut,.Ketidakseimbanganinimemberikantekananbesartercermindalampengakuanistri, yang padaakhirnyamemberinyakekuatanuntukmelawanterhadapketidakseimbanganini. Kata kunci: Patriarki ,FeminismeGelombangPertama Abstract This study focuses on depicting Afghan women's rights disproportion by using main character's act inside this novel. Right disproportion appears as a result of the domination of one sides to the other. The first problem talks about the domination of men's. The second reveal the women's confession represent first wave feminism. In answering first question, this research is supported by patriarchy theory, and supported by Nawal-El-Saadawi's book which focus on men's domination in this region. The second statement of problem will be answered by using a theory from the first wave feminism. The analysis reveals the disproportion of women right caused by hereditary thought of their religion and cultural and also how women in this region face this disproportion. Patriarchal believes is use as a cause of the disproportion. Furthermore, this disproportion which cause a huge pressure analyzing by wife's confession finally give her a power to fight back against this disproportion. Keywords: Patriarchy, First Wave Feminism INTRODUCTION Offending to women in the society, especially to traditional system, it must dribble a fact of disproportion of women within it. This fact finally grounds the responder of it, especially to whom it may concern with cultural study to talk to. Besides that, this phenomenon also creates an unforgettable experience to author to write it down in utterance of beautiful work, especially novel that brings conflicts in detail. According to Rene Wellek and Austin Warren say that literary work is the representation of the author toward social life and society (Wellek & Warren, 1949: 90). According those quotation, literary can be affected by society because the author is part of the society. His idea can come from his or her society. The author combining his experience with some fiction than use this as the main source of literary works. In other word, between literary work and society or social life is tightly related each other. By using particular literary work, a researcher can identify a social condition in a particular area. Empirically, women are seen as the weakness subject. They are only put in in the second position in this life. Their duties only focus on domestic area such as bearing a child, cook for the household, and clean the house. Functionally, in war era women are only used for king and warrior sex satisfaction. They do not have any important role struggling for the war. Women's involvement in the war seen as a problem. They are seen as the weakness creature that will cause difficulties and also seen as a stupid creature who does not understand about war strategy. So, in this era, they were only used as the object for the warrior's sexual desire. Institutionally women are consider as the womb of baby child before it is born to the world. Unfortunately after their birth, the right of their naming is totally in their father hands. For example, in Chines system of family name, the structural of their kids name is come from their father family name. From those explanation, it can be conclude that women only seen from their function rather than their role. Women do not have their own in making important decision, to give their opinions, especially deliver about their feeling. They cannot live with their own will. Their man is the center of their live. They have to fulfill what their man need. This Traditional gender role cast men as rational, strong, protective, and decisive. They cast women as emotional (irrational), weak, nurturing, and submissive (Lois Tyson, 2006: 84). Men is the leader of their women, they have total control in decide how the women behave and act. However, in fact this traditional gender role still occur in this modern era, especially in Middle East country such as Afghanistan. This country known as an Islamic country which is uses Koran as their main laws, and guidance of their live. In Koran. Islam had been stated that "Men are the protectors and maintainers of women, because God has made one of them to excel the other, and because they spend from their means. Therefore the righteous women are devoutly obedient and guard in the husband's absence what God orders them to guard. It is also said that men are little bit higher than women and they are oblised to protect and save the women. Patriarchy has become an inevitable issue of the growth of Afghanistan as a Muslim country. Especially during the Taliban leadership, which began in 1996 till 2001. Taliban as a part of Arabian world has different perception in apply Islamic laws. The Taliban's version ofIslamappears too many Muslims to be a new-bornfaithdeveloped, canonized, and interpreted by Taliban scholars with the reclusive supreme leader, Mohammed Omar at the helm giving his stamp of approval for implementation. Afghan women were forced to wear theburqaat all times in public which is quite different with burqa from Arabian women. Afghan women cover all of parts their body including their face except their eyes area. Taliban see face of a woman is a source of corruption for men who are not related to them.In a systematic segregation sometimes referred to asgender apartheid, women were not allowed to work, they were not allowed to be educated after the age of eight, and until then were permitted only to study theQur'an. Women were beaten for showing a bit of ankle or wearing noisy shoes. They could not speak in public or to men who were not relatives. They were beaten, even killed, for minor violations of these rules. But all of that oppression does not make women in Afghanistan hate Taliban men. Marrying Taliban warrior seen as one of the pride in their life. It cause the Taliban warrior seen as the hero in Afghanistan. They were struggling for their freedom from the western shackles, even in fact their coming give another suffering for women in Afghanistan. Marry them can increase the assessed value and the social status of a family. They will be considered as a family of heroes who fought for his country. So, it is pride for any Afghanistan women to married a Taliban warrior even they know what kind of consequence that they will face. Finally, it sharpen to a problem about the relation of them, Islam, Taliban, Patriarchy, and women in the world, especially to the facts reflected in Atiq Rahimi's The Patience Stone. Generally, religion have a patriarchal view of the relationship between the genders. The relation between Adam and Eve how many religion view woman. As Al-Hibri writes, God was declared male, and man was declared to be created in His likeness. Eve became the symbol of temptation and sin. The woman was consequently judged as a less likely candidate for salvation and an everlasting life in heaven than man. (Al-Hibri, 1981:176). Islam inherited the old image of Eve and of women that depict them as the close followers and instrument of Satan, the body of women being his abode (Saadawi, 2001:274). So, it is important to envelop them in veils and flowing robes (Saadawi, 2001:275). As the living carrier of the danger of sexuality and its infinite social destructive forces, women have to be controlled. Since Islam regards women as an active sexual power, it is important to restrict women's sexual power over men. The result is isolating women and men in different worlds. In talking about women's oppression, feminism thought as the appropriate philosophy in investigate this phenomenon. Feminism is an awareness of women's oppression and exploitation in society. This theory is struggling to achieve dignity, rights, and freedom for women to control their lives and bodies within home and outside. According to its movement, this philosophy were divided into three waves, first wave, second and third wave. First wave is concern about equality, second wave concern about the commitment of diversity, and third wave concern in diversity in specific normative. And according to the problem which is appear in the explanation above, the first wave movement of feminism, is appropriate movement that will be used to answer this question. Originally it focus on the promotion of equal contract and property rights for women and the opposition to chattel marriage and ownership of married women (and their children) by their husbands. This movement begin with Mary Wollstonecraft's Vindication of the Rights of Woman (1792). Wollstonecraft's was the first to issue an outspoken rallying cry to middle-class women, especially mothers, as major influences on society (Gamble, 2001:15). Her emphasis was on the need to make women rational, till women are more rationally educated. Furthermore, this thesis will become a great analysis when it is known that the object of this thesis, AtiqRahimi's The Patience Stone, is the winner of prestigious Goncourt Prize in France, and is a deceptively simple book written in a spare, poetic style. It is rich read, part allegory, part of tale of retribution, part an exploration of honour, love sex, marriage, and war. It is without doubt an important and courageous book. This voice is in giving voice to those who, as the fable goes, suffer the most and cry out the least (Khaled Hosseini, The Patience Stone's Preface). The Patient Stone is a France novel which is translated in English version. Set almost entirely in one room - the bedroom of the husband and just about the only character who talks is the wife. The woman open up her feeling and thought to the men in her society, confronting the taboo of female oppression and sexuality. Her voice can describe the darkness in her live, her painful and her sorrow for being as a women. Her monologue definitely drive out the reader to think as the woman side, without eliminating the other character in this novel. Besides The Patience StoneAtiqRahimi also wrote some canon novel and won some prestigious appreciation. The first novel is Earth and Ashes, written in Persian and become an instant best seller in Europe and South America. A movie based on this book, directed by Rahimi, was awarded the Prix du Regard versl'Avenir at the 2004 Cannes Film Festival. The film was featured in 50 festivals, winning a total of 25 awards including the one at Cannes and a Golden Dhow award for best feature film at the Zanzibar International Film Festival. And the others work is A thousand Rooms of Dream and Fear. Working on disproportion of women right for study is always an interesting and courageous idea. Through the confession of "Wife" character in this novel, this study can reveal that there is a rebellion and courageous, and how this character survive from the disproportion in Taliban era. Wife already thought since she was young that man is leader for woman, so she must obey him. Rather than fight back against her husband, she choose to use her silence as a form of rebellion. By using this character, it is can be seen that there is a rebellion inside of hereditary understanding regarding woman and man positioned. With discussing this topic, there is a description about what happened in this country especially about the inequality and also how far the disproportion of the women right still exist in this country. RESEARCH METHOD As has been stated in the description above, literature is a reflection of a society portray and the combination of the author fiction. Literary work is meaningful. Hence, it delivers many meanings and interpretations that can be caught by the reader as an interpreter. In other word, to find the accounted result, it needs a method that is based on the problems to avoid the blurry result. This study take novel from Atiq Rahimi The Patience Stone as the main source, and using some quotation inside it as the data. The type of this research is qualitative research because it produces descriptive data. The problem in this study is concerning about man's domination and woman's inequality treatment that will be analyzed by using patriarchy and first wave feminism from several feminists. WOMAN IN ISLAM Islam already stated that man is a leader for woman so they obliged to educate, protect and maintain the woman. God had been created man little bit more than the woman. It can be seen by the existence of their muscle. This gift, make man as the stronger one so they are seen as the appropriate one to be a leader while woman is the follower. So, woman must follow and obey their husband. According to Saadawi's book, Islam inherited the old image of Eve and of women that depict them as the close followers and instrument of Satan, the body of women being his abode (Saadawi, 2001:274). So, it is important to envelop them in veils and flowing robes (Saadawi, 2001:275). In other word, this society position woman as the guilty one dealing with their body and sexuality. That is why, woman in Islam, especially in Patriarchy country must get married, so they need man to control their temptation. Islam makes marriage as the only institution where sex between men and women can be done in a way that is more moral (Saadawi, 2001:280). Sex is done outside this institution directly transformed into an act of sin and evil, even masturbation was not permitted. Based on Ibnu Abbas' (friend of Prophet Muhammad) statement "and married a slave is better than masturbation and fornication (zina)". Therefore an unmarried men divided into three sins, first married a slave, then masturbation the foremost is fornication (zina). In other words, marriage is an established system for sex where one part uses to avoid slander (fitnah) and the other side used it as the legalization for reproduction as much as they want, and off course get good agreement to acquire pleasure within the bounds of Islam (Saadawi, 2001:281). Based on the Al-Ghazali an Arabian philosopher statement in Nawal's book, besides for reproduction, the purpose marital is immunity against demons, break the sharp tip of the desire, distance from danger of lust, keep our eye from what who supposed not to be seen, protect male sexual organ, as well as follow the advice our prophet (Saadawi, 2001:276). But this institution is still different for men and women, especially dealing with their rights and obligations not only inside in their house hold but also in their society. In their household activities, wife only concern about their domestic business. Their main job only raising their children, cleaning their house and satisfying their husband in bed. They do not allowed to care about what happened outside their area. Marriage makes men's heart free from household and clean their house, so they can concern to their job, religion and science in other word, they can concern in developing themselves. Al-Ghazali states in Saadawi's book "In fact, your wife let you to work on the final day and she concern about your house and relieve your lust" (Saadawi, 2001:284). Therefore, a man is seen not able to devote themself in science development and religion unless they have a wife that can handle their household. ARABIC SOCIETY Arabic culture is male centered. Males dominate most cultural, political and social institutions. This has a direct impact on the cultural status of women in both Arabic and Islamic countries. While Islam emphasizes the equality of men and women, Arabic culture minimizes it. A Jewish Arab in Morocco or a Christian Arab in Syria adheres to the same system and thus would have the same views on the role and status of women. The socially-rooted conceptualizations of differences in women's and men's sexualities and their biological nature are so frequently evoked to the extent that they become part and parcel of the individual and collective consciousness. In this regard, the "natural role" of women is one of the most deeply rooted interventions at the conscious and unconscious levels. Consequently, women's fulfillment of their "natural role" associated with the reproductive process becomes compulsory and coercive. In the end, this leads to women's lives becoming regulated through the sharia, constitutions, laws, and predominant social norms, in ways that far exceed what applies to men. In Arab societies, women's status is mainly defined by their roles as mothers and wives. Their main job only concern about raising children, cleaning their house and also serve their husband (Saadawi, 2001:285). Different from the husband's position as head of the family, they are taking control over their families, so that the actual duty as a husband in this culture region is to control and supervise the family and finally it position woman in second position after their husband. Women could not make decisions based on their own beliefs, and had little control over their marriages. Society create that the noble obligation for a wife to completely obedient to their husband, they cannot be different, no asking a question or refused their orders, (Saadawi, 2001:286). In other words, there is no independent decision for women. Their freedom is limited or moreover it is deleted because the ideal women in this society is a woman who can follow her husband without complaining about anything. Essentially. So, it can be conclude women were slaves to men and made no decisions on anything, whether it be something that directly impacted them or not. LOVE AND SEX IN ARABIC SOCIETY The strong influence of the cultural background of the Arab and Islamic values which strongly stuck in Arabic life makes this nation see love and sex as something taboo and full of mystery. In this region, woman take crucial part in this ritual. As the legacy from cultural background and also religion values the Arabic seen women without exception as cause of fitnah (fornication). Arab woman adorned with temptation and fitnah. Where in this sense they become part of the spirit of Islam, which force women into sexual temptation in the community who bring libel. In this case is related to a conspiracy libel, resistance, which interfere with any order that has been built by the gods. So, they are very closely related to sex and sin (Saadawi, 2001:273). Men on the other hand, though had great sex appetite, not accused of sin unless driven by temptation and seduction of women. The power of the male sex being a part of the soul of the Arabs and its soul is connected with virility (Saadawi, 2001:294). Thus, man is ordered to marry in order to defeat the evil and the woman temptation. Despite the desire of sex are owned by both parties, but in fact women in this region bear all the restraints. Man sexuality is connected with virility different with women sexuality which their sex connected with sins and devil. So, it will be ashamed if men in this region have a problem in their sexuality that is impotent and the only one who can know this, is woman. But the solution taken upon of these problem were quite surprisingly. As quoted in Saadawi's book "Virgins were not permitted to know far about sex, while a widow who already have experience from her previous marriage definitely can recognize this weakness. That is why they give "Lower" for their label" (Saadawi, 2001:295). These restraints were taken up in order to protect men from women so they cannot drop them. Women must keep their virginity by their own self. A woman who lost her virginity before marriage will be confuse and fear of family rejection both from family or society, but men who come save her will be seen as a hero and respectful (Mernissi, 1999:86). In a marriage, blood of virginity is very important. In the first night after their marriage, commonly they will use white sheet in order to see virginity blood and this blood is an evidence of chastity and honor of family (Saadawi, 2001: 295). Contrary with men who cannot be identified their virginity from their physical and the limitation of the girls knowledge about sex, it makes them do not have any burden even they already ever had sex out of the marriage. So it can be said that Arabic society were more tolerate to men in their sexuality rather than women. Beside virginity blood, the other blood which is very crucial for Arabian society is menstruation "haid". In Islam haidseen as a dirt. In an authoritative Arab dictionary named Lisa Al'-Arab menstruation mean al- khubts (Viciousness combined with cruelty), al-makr (the desire to destroy been prepared with despicable). Menstruation for women is related with their sexuality. They are seen ready for their sexuality when they already in this period. So, when they arrive in this period, in Arabian culture means that their temptation was completed. And based on Surah above women in this period time were seen as the impurity women. PATRIARCHY IN TALIBAN When the Taliban took control of Afghanistan in 1996, the status of women declined rapidly until women were completely confined to home, or only allowed to leave home with a male escort while wearing a burqa. If a woman seen outside without being covered from head to toe, even if only a little skin was exposed, she would be beaten. These rules complicated things completely for women who no longer have a living male relative, or women who are too poor to be able to purchase a burqa.The other extreme rules confining women during Taliban are, the window in homes to be painted to prevent others from viewing women from the outside, women must not laugh, talk loudly, or make any noise at all when in public. All of these rules among others made women prisoners in their own homes, unable to go anywhere or do anything without being under the watch of man. Based on the explanation above, it can be conclude that there is a disproportion of rights in this sexes. The sense of patriarchy is definitely appear in regime. Taliban imposed straight rules for women or it is also can be said they tend to jail women., limited their access, hide them from worldwide and also do whatever they want to women. According to Millet, patriarchy's chief institution is family, where patriarchal ideology well maintained traditionally and modern. As the smallest unit, family contribute in strengthening this ideology (Millet, 1970:33). Encourage every family members to think and behave in accordance with the rules of the community who embraced the patriarchy. In this institution, commonly this ideology will be It will be taught into two categorize, that is how girl's role and boy's role. They will learn character, role and status between wife and husband and also father and mother. According to Millet, patriarchal ideology socialized into three categories. First, temperament involves the formation of human personality along stereotyped line of sex category ("masculine" and feminine), based on the needs and values of the dominant group and dictated by what its members cherish an themselves and find convenient in subordinates: aggression, intelligence, force, and efficacy in the male: passivity, ignorance, docility, "virtue" and ineffectuality in the female. This is complemented by a second factor, sex role, which decrees a consonant and highly elaborate code of conduct, gesture and attitude for each sex. In terms of activity, sex role assigns domestic service and attendance upon infants to the female, the rest of human achievement interest and ambition to the male (Millet 1970:26). Patriarchal ideology is very difficult to remove from this society because they still maintain it. Stereotypes attached to women as domestic workers made him weak because they did not get money from their work to take care of the household. Domestic work is taken for granted and it was her duty as a woman. She does not need to earn money from their work and the result she always dependent on her husband. Millet stated that patriarchal ideology cannot be torn down because women are economically dependent on men. Dependence that occurs throughout life. Conventionally men are the main source of income in the family while the woman is the housekeeper. Men worked outside for their economy and women living at home to do all the housework. Women are not allowed to make money, because men make it as property when they got married (Millet, 1970: 40). In a patriarchal system, men have full power to women so that they can do whatever it wants with his wife. Women economically dependent on her husband because they did not earn his money out of pain. According to De Beauvoir, regarded as a slave wife, while the husband is her master. This can lead to the occurrence of domestic violence (Beauvoir, 1989: xv). FIRST WAVE FEMINISM Feminist theory addresses two fundamental differences in the view of women and men. Expression of male-female differences in the biological aspects of the show as the essence of natural, innate. While expression masculine feminine is psychological and cultural aspects of difference (Megawangi, 2004: 184). Si mon de Beauvoir stated that in a patriarchal society, women are placed as the "Other", as second-class human beings, lower by nature (Selden, 1985: 137). Position as the "Other" affect all forms of social and cultural existence of women (Cavallaro, 2001: 202). Patriarchal society using a certain fact about the physiology of women and men as a basis to build a series of identity and masculine and feminine behaviors are enacted to empower men on one side and women on the other weakens. Patriarchal society convince themself that the construction of culture is "natural" and therefore "normality" depends on one's ability to demonstrate gender identity and behavior. This behavior is culturally associated with one's biological sex. Patriarchal society uses rigid gender roles to ensure women remain passive (loving, obedient, responsive to sympathy and approval, cheerful, kind, friendly) and men remain active (strong, aggressive, inquisitive, ambitious, full of plans, responsible, original, and competitive) Meanwhile, according to Millet, patriarchal ideology in academia, religious institutions, and family justify and affirm the subordination of women to men who lead for most women to internalize self to men (Millet, 1970:26). One way to understand the various dimensions of feminist theories and their theoretical approaches to understand patriarchy is to locate them within the broader philosophical and political perspectives that have been broadly classified as first, second and third feminism movement. This theory were categorize in three waves according to its concern about. First wave is concern about equality, second wave concern about the commitment of diversity, and third wave concern in diversity in specific normative. However, there are some ideological differences among the feminist groups, they are united in struggle against women inequality and hierarchical relationship between women and men. To be more focused on equality of women phenomenon, the first wave of this movement thought as the appropriate approach in analyzing this issue. The first wave of feminism took place in the late 19th and early 20th centuries, emerging out of an environment of urban industrialism and liberal, social politics. The goal of this wave was to open up opportunities for women, with a focus on suffrage.The feminist in this movement assumes that there is basically no difference between men and women. Therefore, women should have the same rights as men. Nevertheless, liberal feminists reject the overall equation between men and women. In some cases remain distinction (distinction) between men and women. However, the function of the female reproductive organs logical consequences in social life (Ratna Megawangi, 1999: 228). Mary Wollstonecraft is one of the pioneer for this movement. In her book Vindication of the Rights of Woman (1792) she talked about her life and personal significance as an icon of the women's movement. Wollstonecraft's was the first to issue an outspoken rallying cry to middle-classwomen, especially mothers, as major influences on society (Gamble, 2001:15). Her emphasis was on the need to make women rational. Far from portraying women as superior to men, Wollstonecraft wanted to raise their overall moral and intellectual stature to make them into more rational citizens. For the most part, she did not envisage their leaving the domesticsphere, nor did she ask for anything as radical as the vote. Even she accepted that women in middle-class would marry and remain at home, but she want every girls get same education as a purpose for their freedom and dignity rather than the ability to fascinate potential husband (Gamble, 2001:16). Not only Wollstonecraft who does not agree with this disproportion. Rosemarie Putnam Tong in her books "Feminist-Though: A More Comprehensive Introduction" imply that there is a restriction of women's activity and it cause they lack of power and knowledge so that they cannot develop themselves. DOMINATION REPRESENTED IN NOVEL The Arabian world are very thick by the influence of their culture either before or after Islam. Where both are directly or indirectly gave a special position for men rather than women. If the granting of this position was originally intended to separate human's daily task, but in fact this positioning has grown to become a leader and the led. Develop as the domination of one side to the other sides. Through this novel, this domination will be exposed as a reflection of the real condition in the country inside this novel. In this region Patriarchy ideology has been used as root for society structural in this region. This ideology still maintained in this modern era, make this ideology quite difficult to be changed or removed (Millet, 1970:40). Since their a little, boys and girl were already given an example by their parents behave, and when their already in their puberty time, they were thought how man and woman behave, and unconsciously differentiate them in two different position. As an example in this passage, 'When I got engaged, I knew nothing of men. Nothing of married life. I knew only my Parents. And what an example! All my dad cared about were his quails, his fighting quails! I often saw him kissing those quail but never my mother, nor us, his children. There were seven of us. Seven girls starved of affection (Rahimi, 2010:57). In this passage can be criticize that family is chief institution for this ideology to get developed. Family has huge contribution in strengthening this ideology. According to this passage, her family was the only example for her to understand about how is marriage life. Her father only care about his quails and never the girls and also her mother, but she never saw her mother complain about it. Made this situation seems normal and that how it was supposed to. Wife should not disturb her husband, especially complaining about what they do. Because wife's job only concern about their household and fulfill husband's satisfaction (Millet, 1970:40). Concerning about husband satisfaction, letting him do what they want to do can also meant as an effort in satisfying her husband and women is this family was supposed to be quite and submissively. In this group, women are defined as something odd, deviate from a prototype of human's body, physically passive and contain of emotional, different with man's body who have active and ably mind result a conclusion that women considered as a carrier for men's seed, so the real creator is the men (Millet, 1970:54) As what the author had been explained above, men is leader for women because God create them a little bit more than women, so they should follow their command. (Back to the passage 'Look, I breathe just like you! (Rahimi, 2008:7), and also in the passage "You know that I live only for you, at your side, by your breath" (Rahimi, 2010:9). Through those passage, women should follow their husband in every way. They led them in every case, metaphor with "breath" which can be meant that women should follow them in every way, and bow down to their rule (HR. Tirmidzi verse. 1159). Women must following the rhythm of their husband breath, walk inside their shadow, and hide behind their shoulders. It is also mean that men are take control of women's life. Mean have a charge to change the rhythm to their breath or even stop it when they want it, it is all their right, and women should follow them. No asking and complaining as can be seen in this part 'I hope you are able to think, to hear, to see…to see, and hear me…' (Rahimi, 2010: 52). This part can be used as a reflection that women in this society do not have a voice to deliver their feeling, never have a chance to be thought, and seen as the important subject. Those description can be used as the early indication about how men dominate women's life in this region especially in their marital section. Human in this region separated into two different world, women's world and men's world. As the author already said, men have their special world as a heritage from their culture and also their religion. Men in this regime do not have any straight boundaries. Start from how their outfit and also how they behave. Different with women which have to concern about what they do, and how they do it. Man created a little bit more. It can be seen with their muscle, where muscle is related with physically power, and finally spread in many aspect. In other hand, women who are created without muscle are directly related to the weakness and finally prison them in domestic job. The differences of their body led different attitude towards both. Women in this society who does not penis considered less than man is seen as the embracing one. Penis who located in outside seen as sign of autonomy and power, while women's genital are putted inside and hide (Beauvoir, 1989:18). As an example in this novel 'I was a piece of meat, into which you could stuff your dirty dick. (Rahimi, 2010:112). According to this passage penetrate woman also can be meant show their authority and power while woman only used as a bowl to put this power. According those explanation, women in this ideology were putted in inferior position which mean that they only putted in second class. Their existence indirectly eliminated in this regime. In order to keep maintain this existence patriarchy ideology woman only have one conditional, that is companied by her mahram, or husband (Beauvoir, 1989; 225). Patriarchal society provide scary threat for women who is living without men beside her. As can be seen in the page 17 in this novel, 'And you leaving him in this state? What about his children? And me? You can't, you can't, you've no right to leave us like this, without a man!' (Rahimi, 2010:17). In this passage, wife feels afraid if her husband died and let her alone. It is because she will be left alone, not only by her husband but also because of the society and her family. Hence, they should get married. Women in this ideology does not allowed to choose their husband. As can be seen in this monologue before her marriage, her mother-in-law came to her house and asked her to married her son (Rahimi, 2010:53). According this passage, women in this region do not have any right to choose their husband. Her father or family never asked about her opinion or her criteria about her ideal man, and accepted without slightest hesitation. In contrary, men can choose which one they want to get married. Married in this region also can be criticized as a transaction. They used Maharas a tool in this transaction, (Saadawi, 2001: 283) a transaction between abolishing family anxiety because of their virgin daughter and find the legality of fulfillment of lust. But if be observed further marriage can be said as announcement for their leadership, and independence for a man, different with the women. As the consequence, a virgin who agree to get married must throw their freedom and get ready of any rules that had been made by her husband. When a man had married they have a freedom in sexual intercourse that just being a story when they were teenagers. They also allowed to set up a small country named family that ultimately gave them a power. And women, unconsciously walk into a trap which restrictive their freedom as seen in this part, 'Three years! For three years I wasn't allowed to see my friend, or my family…It wasn't allowed to see my friends, or my family…it was considered proper for a young married virgin to spend time with other married women. Such rubbish! (Rahimi, 2010: 54). This passage can reflect the exile from the association in women side, different with man which does not any significance differences, or limitation of their association. Seems like marriage is also a way for them develop themselves about science and knowledge, as an example is a war. Commonly when a women marry because of arranged marriage, usually their marriage are not based on love. For woman in this ideology love is not always about feelings, but also about the commitment throughout body and soul unconditionally (Beauvoir, 1989:526). In fact love is very important for a woman, they can sacrifice anything while she did not realize that this feeling can make her suffering. Love can be illustrated as an essence of sexual oppression for women, because men can used it as cultural power to dominate women (firestone, 1972:121). As an example, when wife decided to accept her mother-in-law proposed "Who were you, really? No one knew. To all of us, you were just a title: the Hero! And like every hero, far away. Engagement to a hero was a lovely thing, for a seventeen- years-old girl. (Rahimi, 2010:54). She directly falling in love with someone that she never known before. The reason was because of he was a hero, and it was a lovely thing married with a hero. But in fact, this love unconsciously made her sacrifice her freedom, and prepare to be a slave for her husband. He use her love to satisfy her lust, to bear their child and to clean and prepare for their meal. Love beat the rational thought of women, it was realize that the bride got married without her groom presence, 'At the ceremony, you were present in the form a photo, and that wretched khanjar, which they put next to me in place of you' (Rahimi, 2010:54). In this snippet of her monologue can be interpret the importance of man in women life. Even they have to marry with a strange men, whom only known from his photograph. This stage of live can be said as the place where patriarchy is definitely felt by women. Men have huge chance in developing their self because the already have wife who will concern about the domestic job (Ghazali,IhyaUlum ad-Din, 1964:699). As reflected in this passage 'Did you think about us for even a second, when you shouldered that fucking Kalashnikov? You son of a…'.the word suppressed again. (Rahimi, 2010:14). This passage can reflect that husband only concern about his struggle toward his enemy. Totally concern about his war, without understand his family. He throw domestic responsibility to his wife, and use her natural fate as his justification. Women should run in her roles as a wife who must serve their husband, bear a child, and satisfied her husband in their bed. This ideology see everything including about women with the male point of view (Beauvoir, 1989:xx). By using men likeness or dislike, patriarchy ideology make rule and prison them under men feet. As can be seen in this passage, It was not considered proper for a young married virgin to spend time with other married women, (Rahimi, 2010:54). Based on the passage above, woman could not see her friend or more is gossiping about many thing. Gossiping is not allowed in Taliban regime, because they see it as something useful. But if it see deeper, they are not allowed to see their friend especially among marriage woman because they afraid of being betrayed. Men never directly deliver this fears, they hide it hereditary. That is why they used this banning as law in their family. They use women's fear to control their behavior. And women who hereditary not rewarded by any right against her husband, do not have any effort except silent and following their command. Beside become the follower for the men, this region also put woman as place for bearing a child. This society make that women should birth a child, because it is their natural faith, and with that you will be the perfect women. So, it will be a huge problem if woman is infertile, they will be seen as imperfect or unideal woman because she cannot fulfill her nature destiny as a mother, she face divorce threat, and get low view from her society. As can be seen in aunt character. She got divorce because she cannot bear a child, and finally get exiled by her family. Society unilaterally blame her without care with her feeling and sadness because she cannot perfect as a woman. Different in man sides. If woman have their infertile problem, man will feel ashamed if he is impotence. But through this novel, it is not a big deal for men because the society seems like protect them for their weakness. In this novel there is a big secret that had been hidden since their marriage, the secret that only known by wife and her mother in–law. Start from her mother in-law unilateral decision that she was barren, 'Your mother had decided I was barren, and kept hassling me all the time' (Rahimi, 2010:65). From this part it can be used as an identification that in this region woman is the most important part in bearing a child, without care that woman also need man so they can bear a child. They blame all in woman shoulder, and try to find a solution as an interest of a descendant. And polygamy is the able solution for this case. Polygamy is allowed by the religion and of course make man have a big smile because of this policy. As reflected in the passage 'Your mother was dying to see you to take a second wife' (Rahmi, 2010:66). Based on this monologue, her mother in-law only concern about the real function of woman as a child bearing rather than a human. However unexpected situation came up and reveal that her husband is the infertile one. 'Because that child was not yours!' She falls silent, impatient to see her man finally crack. (Rahimi, 2010:131), 'Yes my sang-e sabur, those two girls are not yours! 'She sits up. 'And do you know why? Because you were the infertile one. Not me!' (Rahimi, 2010:132). The fact is, now they have two beautiful daughters and they are their real parent. Nobody know the secret except those women. Seems like everything was fine, and they can fulfill their natural fate. But if it is seen deeper, they create this scenario in order to keep save a husband. After her mother in-law knew that hers son is the weakness son, she did something that is contrary with her religion. She sent her to a Hakim, a kind of shaman until she is going to pregnant, as reflected in this passage 'She spent a lot of cash that day, I can tell you. And then I visited the Hakim several times, until I feel pregnant. As if by magic! But you know what, that Hakim was just my aunt's pimp. He mated me with a guy they had blindfolded '(Rahimi, 2010:132). The mother-in-law was willing to do anything for saving her son from bad view of social groups even she have to turn aside from her religion. In contrary with wife's aunt, because she is the infertile one, her family never look for a solution to save her, but they directly throw her from her family and forget about her. From those example can be criticize that society give a huge tolerant for men, gave more privilege to be understanding for their weakness. Hereditary it is done by the society. Give men some privilege either it is openly such as polygamy or closely by protecting their weakness. By sacrificing women's feeling. This condition finally raised women's anxiety for her husband satisfaction. According to this passage 'Although it often seemed to me that you weren't satisfied. And then I would guilty. I told myself that it was my fault, that I didn't know how to do it right. (Rahimi, 2010:105). According to this passage, wife feels guilty because of she believe that she cannot satisfied her husband. It was her fault because she believe that it was her duty as a field for her husband. Lacking of sexual knowledge make her blame herself (Saadawi, 2001:295). But after have several sexual intercourse she realize that it was her husband weakness, 'After a year, I discovered that actually, it was all coming from you, you gave nothing. Nothing' (Rahimi, 2010:105). Now he can find her husband weakness, but because of her position as woman which is does not have any voice, make her only keep inside her mouth. In sexual intercourse, although it was done by two subjects but in fact man is taking control for any movement or position in this intercourse. It because man is a leader for woman according to the religion. State by Al-Hasan an Islamic scholar in Saadawi's book state that man does not allowed to fulfill his woman command because he will throw into hell in the judgment day (Saadawi, 2001:286).In this monologue "If I'd asked all that to you…my God! I'd have got a broken nose! And yet it's not difficult…you just have to listen to your body. But you never listened to it (Rahimi, 2010:111). A woman can't make a favor though is aimed for their satisfaction. Women only follow the men, but in the end blame themselves if the husband feel unsatisfied in this intercourse. If in their personal intercourse, women must keep silent how about their daily live. Monologue above can used as the example that women in this region are completely silent. They feel afraid because they will get a punishment because of their favor. Men are allowed to beat their wife after they do advise and forsake them from bed. But in fact, for any reason that make her husband angry, he will directly beat them. As an example in this monologue, 'He beat up my mother, my sister and me, because we hadn't kept watch over his quail' (Rahimi, 2010:60). Her father beat them without clear reason. Because of he cannot find his quail make him angry and find an impingement. It is can be seen that his father forget about several steps before beating her wife, he only see "beat" word which is mean it was legally done by any chance. From those example above women in this region had already knew that marriage is not always beautiful like what they thought. But because of they live in patriarchy circle which put men as the central part make women in this region, completely need men. It would really frighten for a woman living without a man beside her, although it was just a name. In this novel wife only live with her husband name for three years, she must deal with her husband absence as a consequence having a hero husband. But it is fine for her, because she now has a man beside her, have somebody who is believed as her guardian, give her a distance as an accusation of temptation carrier. But when the husband back in a dying state and his wife, are required to maintain him, she still afraid of her society view, especially threat of widowed. In her monologue she stated 'She stands up. 'Even injured, you've been spared suffering' (Rahimi, 2010: 21). It can interpret even her husband lay down, suffering because of the shot, he never feel suffer because all of social cruelty come to her. She is afraid if her husband died brother in-law will come and harassing her. Afraid for become a widow and get exiled from her family. In other words it can be inferred that marriage is very important for a woman in compare man. Without marriage, which also mean that there is no man beside her, woman cannot retain their existence as part of their society. Excommunicated by the negative view about woman that hereditary this society inherited either from their religion and cultural background. Without marriage they will be seen as a devil with the temptation inside it. The devil who can bring trouble for their family and society. Always seen as the imperfect creature, which full of dirt and irrational emotion. CONFESSION WITHOUT BORDERS AGAINST DISPROPORTION Essentially, gender differences are not a problem as long as this difference create discriminative for one sides. There is a significance differences of the rights between women and men in this patriarchal world. Men are placed as the central, leader, and finally named as "The self"' while women who is seen physically weakness later differentiate as "the other" (Selden, 1985:137). As can be seen in this quotation, "There were seven of us. Seven girls starved of affection" (Rahimi, 2010:57). In this quotation, this girls feel starving of affection, although they have complete family. By using Selden's quotation above, seven of them feels less of affection because they do not get a figure of a father, in other hand their father only concern about his quail, and love it more than his family. This cold attitude can be seen as a disappointed feeling because they do not have a son, a son that can be a symbol of power, and heir his leadership. In other word, he see women as the unimportant one. As a formed of this disappointed, he use a quail. A quail is better than women, at least his quail can won and be a subject that he can proud of. In this regime, women in this region is not more meaningful rather than a display, 'She is still laughing. 'That story is so true. "You men! As soon have you have guns, you forget your women." (Rahimi, 2010:57), same like the theory about "women as the other". According this quotation, women are alienate with inanimate object or this inanimate is more prestigious than a women. When she speak about it she is laughing, this laugh can be seen as an expression that she has same level with that thing. But she cannot do anything against this attitude, except smile as her laugh at her sex bad destiny. Since in childhood she always alienate with inanimate, either with quail or a gun the positioning of women as "the other" has been tough since their childhood (Nunuk, 2004:76), so that they will adapt and unconsciously get usual with this called. According this situation it also can be imply that Family played a major role in this believed (Millet, 1970:26), parents become main teacher of this situation, especially mother who is seen as the real example for her daughter. In this region, where women performed as en-soi(Being-in-itself), while men performed as pour-soi(Being-for-itself) (Tong, 1998:181) will attempt to free from men's pressure. This is how was the normal human will struggle when they were in huge pressure. 'At that time, I was only ten …no…'She thinks about it. 'Yes, ten years old. I was scared. Scared that I too would become the stakes of a bet. So, do you know what I did with the quail?' She pauses a moment. It is unclear whether this is to make her story more exciting, or because she is afraid to reveal the next part (Rahimi, 2010:59).She was afraid, a quail is a danger for her. If it was lose, she will sent to live with a man like what happened with her sister. So, she will do anything to eliminate this danger. According this passage, there is a power inside this women's silence. She eliminate the quail to keep save, hope that by killed that bird she will not be used as bet. Using theory from Sartre, when there is a subject trying to free itself from the other, there is another subject who want to enslave it (Sartre, 1956:362). When her father trying to enslave her by using her as a bet, or beat her when he lose he find a way to free from him, that is by killed his bird. Started from this step, she finds a way to still save. And when she had enough to marry, she choose it as a solution for her to free from his father, but in fact after she got married, her husband enslave her. He put her as place to fulfill his sexual and also rearing a child. In other word it can be conclude that marriage is not a place to get a freedom, it is a form of slavery (Beauvoir, 1989:500). It is ultimately wrong if this society put women as the weak and fool creature only by using the weakness of their body. Because of they do not have a muscle and penis which always as a form of power because it penetrate women, does not mean that they are fool (Beauvoir, 1989:41). It is not enough use their body as the reason to put them as the inferior one. In those quotation we can see how women ability in order to protect themselves and the people she loves. She was lying, but it is work. She did keep her husband alive from the other shoot which directly kill him. She use her brain, her ability, her experience, and also the society norm to fight back. So it can be conclude that woman is not the other because of their lack of penis, but because of their lack of power,( Beauvoir, 1989:55), or it is also can be said that they were not allowed to get this power. In other word, if women put in same position with men, they would develop the same character (Wollstonecraft, 1975:23). But because of this society hereditary thought that women is lower than men, makes them deny their ability, which finally force them to keep silence, and killed their self-development. From this confession, she hide the fact, she did not want people to know about this, because she would be seen as a demon. So she kept silence, keep hide her power but indirectly she still use it to save her. But unconsciously she confess to her husband while he was lying powerless. Make her afraid if her husband hear it and finally beat her without understanding what will happened to her if this quail still alive. So it can conclude, because of this society treatment, who only blame women and hereditary this sex with the foulness of Eve (Saadawi, 2001: 278), they must hide it. Even use these weapons are not because they want to fight against their husband, but they use it in order to keep them save. Psychology and biological differences in the most contribute aspect in this disproportion. Men with their sperm give a life for the wife with their egg inside (Beauvoir, 1974:24), so it can be conclude that women is place while men is the real creature. CONCLUSION Live in patriarchy circle, make this women cannot do anything they want. As had been explain by the Beauvoir, women in this circle putted as passive, and submissive. Because of they are the weakness they need the superiority one to keep them as a part of this society. In other word, they need marriage to keep save inside this circle. In this region marriage can be seen as turning point that bestows prestige, recognition, and societal approval on both partners, particularly the bride. It also can be said as a social and economic contract between two families. But in other hand, marriage in this region is a new beginning of slavery that will happened to women. They have to sacrifice their freedom and concern about their household, but for men side marriage is a declaration for their leadership. And finally make them can be more focus in their self-development. Marriage is a form of slavery in all aspect related to women's body and sexuality including blood inside them. This research reveal the importance of virginity blood that is so important for women as its used as a proved that they can keep their dignity, and it is also make them as the ideal women that deserve to be married, contrary with menstruation blood which drop them in the lowest point as a women. It is happened because this society see menstruation blood as a dirt according by their holly book in verse 2:222. This research also reveal the differences treatment between a virgin and a widow. By using Saadawi's statement, based on the knowledge, this society limited virgin knowledge about sexuality, and widow is putted in bottom position as seen as the embracing one. This effort is taken as a way to protect men from their virility problem. So, it can be conclude that this society is more tolerant to men rather than to women. The Second statement of problem is the confession of women voiced by wife character in this novel. She reveal the real condition caused by the pressure that the society gave to her sex. Inside this confession, she deliver the disproportion that she gave in order to save her husband. As had been explained by Putnam Tong, this confession explicitly imply that she was created inside a men (en-soi), hide inside their body and shadow while men was created for their own self (pour-soi). This society believed that it was a natural faith that women must sacrifice themselves, and also follow what the leader had been said. But even it was already thought as their norm since their childhood, by using her confession this research reveal that they do not accept it totally. By using her husband dying body confess all her depress and her disappointed to her world. According her monologue, there are senses of hatred, insult, and harassment that happened to this woman, that make her angry and hate them. But because of the society will gave worse punishment to the women who against her husband who also seen as the rebellion, she only keep silence, but inside this silence she struggling by using her innocence, sexual and temptation . But this struggling is more to protect herself rather than fight back to her husband. Finally this confession make her realize what happened to her, how her society was being unfair to her. The accumulation of these unfair treatment make finally fight back and finally kill her husband by a Khanjar. REFERENCES Abrams, Meyer. H. 1971. The Mirror and The Lamp: Romantic Theory and The Critical Tradition. London: Oxford University Press. Rahimi, Atiq. 2010. The Patient Stone. London: Chatto&Windus.New Burke, Edmund. 1999. The social History of the Modern Middle East. Colorado:Westview Press. Millet, Kate. 1970. Sexual Politics, New York: Doubleday. Beauvoir, De. 1989. The Second Sex. New York: Vintage Books Shulamith, Firestone. 1972. The dialectic of sex, the case for feminist revolution. USA: William Morrow and company Inc. Gamble, Sarah. 2006. The Routlege Companion to Feminism and Post Feminism. New York. Routlege. Saadawi, El-Nawal. 2001. PerempuanDalamBudayaPatriarki. Yogyakarta: PustakaBelajar Mernissi, Fatima. 1999. PemberontakanWanita: PeranIntelektualKaumWanitaDalamSejarah Muslim. Yogyakarta: Mizan. Gorsky, Susan Robinov. 1992. Feminity to Feminism: Women and Literature in the Nineteenth Century, New York: Twayne Publisher. Tong, Putnam. 1998. Feminist Thought: A more Comprehensive Introduction. Colorado: Westview Press. Sumbulah, Umi. 2008. Spektrum Gender, KilasanInsklusi Gender di PerguruanTinggi. Malang: UIN. ARTICLE SOURCE MARRIAGE IN THE ARAB WORLD by Hoda Rashad, Magued Osman, and FarzanehRoudi-Fahimi INTERNET SOURCES www.mtholyoke.edu/-macne. www.Astyariah.com/godaan-dunia-dan-wanita.html.
Issue 19.3 of the Review for Religious, 1960. ; Councils in Lay Institutes Joseph F. Gallen, S.J. THE LAW of the code and especially that of the constitutions confers an important role on the councils in religious institutes. Almost all constitutions describe thoroughly the duties of tho general council but are unsatisfactory in their treatment ~f the provincial and local councils. This article is an effort to explain simultaneously"th~ principles that govern all councils in lay in-stitutes. The more common name for this office in such institutes is councilor; but many others are found, e.g., assistants, discreets, and consultors. 1. Necessity of councilors (c. 516, § 1). This canon obliges-all superiors general, presidents of federations and confederations, provincial and local superiors at least of formal houses to have councilors. A formal house in a lay institute is one in which at least six professed religious reside (c. 488, 5°). The canon recom-mends that superiors also of smaller houses have councilors. From analogy of law and the enactment of the particular constitutions, superiors of vice-provinces, quasi-provinces, regions, vicariates, missions, and districts should also have councilors.~ The canon does not specify the number of the councilors. From the practice of the Holy See in approving constitutions, there are four general councilors, although a few lay congregations have a greater numberi four or two provincial councilors; two councilors in a formal house, but a few congregations have a larger number; and more frequently one councilor in a smaller house. Monasteries of nuns ordinarily have four councilors. Federations and confederations of nuns have four or six councilors, and regions within such a confederation have two. ~ 2. Manner of designation and requisite qualities of councilors. The general councilors of a congregation and the councilors of a con-federation, federation, region, or monastery of nuns are elected in the respective chapters. The provincial councilors of a congregation are appointed by the superior general with the consent of his council, but in a small number of congregations they are elected in the provincial chapter. Local councilors are appointed by the ILarraona, Commentarium Pro Religiosis, 9 (1928), 418. 129 JOSEPH F. GALLEN Review for Religious superior general or, if the institute is divided into provinces, ordin-arily by the provincial, with the consent of the respective council. The constitutions sometimes enact that this provincial appoint-ment is to be confirmed by the superior general with the delibera-tive vote of his council. The quality universally demanded by constitutions for all ex-cept local councilors is that they be professed of perpetual vows. The age usually required for general councilors of a congregation and those of a confederation, federation, or region of nuns is thirty-five complete years; thirty years is the more frequent norm in monasteries of nuns; and thirty or thirty-five years are often prescribed for provincial councilors. The constitutions rarely enact a determined age for local councilors, and very many do not affirm that perpetual vows are necessary. A few make it clear that perpetual profession is not an absolute requisite by stating that the local councilors are, if possible, to be professed of perpetual vows or that such vows are required at least for the first local councilor. It is incongruous that a religious still in the state of probation and formation should be the councilor of a house. 3. Residence. According to the practice of the Holy See in approving constitutions, all the general councilors should reside with the superior general; but two of them, with the exception of the as-sistant general, may live elsewhere for a just reason, e. g., because of their other work. These must be stationed in houses from which they can .be readily summoned and can attend the meetings. The evident purpose of the practice is that the superior general may have no difficulty in consulting his councilors. Many constitutions contain no prescriptions on the residence of the provincial counci- .lots. At least the assistant provincial and the provincial secretary should reside with the provincial. Some constitutions have the same practice for a provincial council of four members as that described above for the general council. If there are only two provincial councilors, the constitutions frequently state that both or at least one of the councilors must reside with the provincial. The councilors of a confederation, federation, or region of nuns reside in their respective monasteries. 4. Incompatible duties. The general principle of the practice of the Holy See forbids a general councilor to be assigned any employment that would prevent the proper fulfillment of the duties of a coun-cilor. The present practice forbids in particular merely that the first general counc.il0r be bursar or secretary general. The former practice forbade any general councilor to be bursar general, and 130 May, 1960 COUNCILS IN LAY INSTITUTES the Normae of 1901 extended the prohibition to the master of novices (nn. 285, 300). Some constitut!ops~ ~ave the same pro-hibition with regard to the offices of provincial or local superior, any bursar, local councilor, and master of junior professed. A provincial will rarely in fact be a general councilor; but, outside of the case of the assistant general, it is difficult to see how the offices listed above are necessarily incompatible with that of general councilor. A general councilor is very frequently the local superior of the generalate. The judgment of the incompatibility is to be made on facts, i. e., the amount of work in each of the offices and the ease or difficulty with which the other office would permit the religions to be summoned and to attend the ordinary and extraordinary sessions of the general council. Few constitutions mention incompatible duties with regard to the provincial coun- .cilors, but some forbid the uniting of this office with that of pro-vincial bursar or master of novices. 5. Nature of a council (c. 516, § 1). In the constitutions of pontifical lay congregations, the general council is nsually stated to consist of the superior general and the four general councilors. Other parts of the same constitutions repeat frequently that particular matters requirethe consent or advice of the general council. All such expressions are ambiguons. The superior alone governs the con-gregation, province, or house; the councilors as such have no authority. Canon 516, § 1, makes it clear that a councilor is only an adviser of a superior, not an associate in authority. The superior votes in a council but he is not a member of the council; he is the superior, or sole possessor of authority, who has councilors or advisers. In a general chapter the authority is that of the collective body; the chapter itself and as such possesses the authority. All the members of this chapter are on the same level; all are co-possessors of the same authority and co-authors of the enactments of the chapter. Not the presiding superior general, but the general chapter places an act. A council is not a governing body; it possesses no collective authority. The councilors are not co-authors of an act. It is not the council but the superior who places an act, with the consent or advice of his council. It is possible for a particular canon or law of the constitutions to prescribe that the council is to act in the same manner as the general chapter. This mnst be certainly proved, since the contrary is the general principle of canon law. The only canon of this type that can affect lay religions is canon 650, which treats of the dismis-sal of a male religions of perpetual vows. If the majority of the 131 JOSEPH F. CrALLEN Review for Religious council vote for dismissal, it is probable that the superior general must issue the decree of dismissal in a pontifical congregation or forward the matter to the local ordinary in the case of a diocesan congregation. Therefore, the act in this case would be of the general council, not of the superior general. However, this sense is only probable; and it is at least equally probable that the wording of the canon is merely another way of expressing the deliberative vote of the council. Consequently, since it is not certain that canon 650 is an exception, this case also would in fact be handled in the same way as that described above (cf. also n. 16). These same principles apply not only to the councils but also to chapters of monasteries of nuns in the cases for which law demands that the superioress secure the consent or advice of the chapter (cc. 534, § 1; 543; 575, § 2; 646, § 2).2 6. Duties of councilors (c. 516, § 1). The primary duty of the councilors is to cast a deliberative or consultive vote when these are demanded by canon law or the constitutions. When asked to do so by the superior, they are to express their opinions with all freedom, courage, respect, sincerity, and truth (c. 105, 3°). They are likewise to bring to the attention of the superior whatever they sincerely consider to be to the good or detriment of the institute, province, or house. The superior, not the councilors, decides the matters that are to be treated in the council, as is clear from the principle stated in number 5. Councils were introduced to prevent what could degenerate into arbitrary government on the part of the superior. An equally evident purpose was to satisfy the need that all, and perhaps especially those in authority, have of securing advice and obtaining information. In an age that emphasizes ren-ovation and adaptation, the councilors should also be the principal source of progressive ideas to the superior. 7. Obligation of secrecy. According to the practice of the Holy See, an article of the constitutions states that the general councilors must observe secrecy concerning all matters confided to them as councilors in or outside the sessions.3 Another article is usually included that extends this same obligation to all others who have attended any session of the general council. A secret is the know-ledge of something that at least ordinarily should not be revealed. ~Cf. Vromant, D~ Bonis Ecclesiae Temporalibus, n. 39; Vermeersch, Per-iodica, 15 (1927), (61)-(63); Goyeneche, Quaestiones Canonicae, I, 183-89; Michiels, Principia Generalia de Personis in Ecclesia, 494-95; Larraona, Commentariurn Pro Religiosis, 6 (1925), 429-30; Bender, Norrnae Generales de Personis, nn. 376-77,1; Jone, Comrnentarium in Codicem Juris Canonici, I, 121. ~Normae of 1901, n. 280. 132 May, 1960 COUNCIL~ IN LAY INSTITUTES A natural secret arises from the very matter of such knowledge, since its revelation would cause injury or at least sorrow and displeasure to another. A promised secret has its source in a prom-ise, made after the matter was known, not to reveal the matter, whether or not this matter of itself demands secrecy. The confided or entrusted .secret arises from an agreement, given and accepted before any disclosure, that the matter will not be revealed. The agreement may be explicit or implicit. The latter is true of all who possess a confidential office, e. g., doctors, lawyers, priests consulted outside of confession on things appertaining to their ministry, religious superiors, novice masters, councilors, etc. There are degrees in the confided secret. The lowest is the revelation made to a private individual from mere friendship. The next is the revelation to a private individual to secure counsel. The third and highest is the official secret, i. e., a revelation made to a person possessing a confidential office, such as those listed above, and made to him because of this office or learned in the practice of the office. Matters confided to all councilors thus constitute official secrets and are often also natural secrets. Even the official secret may be revealed to prevent a serious injury to the institute, province, or house, or to any individual. The councilors may also reveal such matters to a prudent and learned or experienced person for the purpose of consultation, e. g., to a confessor, a priest skilled in a subject such as canon law or moral theology, or to another prudent and experienced religious. In seeking counsel, the identity of the person concerned is always to be concealed as far as possible. Even if the matter becomes public, the councilors may not reveal what occurred in the council with regard to it, e. g., the opinions or votes given by individual councilors. They are to acquiesce, at least externally, in the judgment of the majority and in the action taken by the superior. This is necessary for the efficient functioning of the council and for effective and peaceful govern-ment. They are not to imply or hint to others that they disagreed with a decision made in council. This is a shirking of the responsi-bilities of an office. The article inserted in constitutions by the Holy See adds that a general councilor who violates this obligation of secrecy is to be seriously admonished by the superior general. If he does this repeatedly, he is to be given a severe admonition and a penance. A violation of secrecy is not in itself a sufficient reason for de-position from office; but, if the violations are very serious, flagrant, a source of lack of confidence, discord, or scandal in the corn- 133 JOSEPH F. GALLEN Review for Religious munity, the councilor may be deposed from his office.4 These principles apply to all other councilors. Canon 105, 2°, empowers the superior, if he believes this prudent and demanded by the sbriousness of the matter, to oblige the councilors to take an oath to preserve secrecy on a particular matter. ~. Frequency of sessions. The almost universal practice of the Sacred Congregation in approving constitutions is that an or.dinary session of the general council is to be held every month. The article adds that more frequent sessions are to be convoked when necessary. A very small number of constitutions prescribe less frequent meetings, e. g., every two or three months. It is very difficult to reconcile such infrequent sessions with the obligation of having all the councilors reside in the motherhouse and with the insistence that they be free of all duties incompatible with the office of general councilor. An ordinary session every month is decidedly the pref-erable norm. An extraordinary session should be called by the superior general for any matter of greater moment. He should consult his councilors frequently, since the practice of the Sacred Congregation places marked emphasis on the office of councilor. These principles are true of all other councils. A monthly ordinary session is also the usual norm for the councils of provinces, houses, and monasteries of nuns. 9. Convocation of the council (c. 105, 2°). When either the delibera-tive or consultive vote is required by canon law or the constitutions, canon 105, 2°, commands the superior to convoke ~11 the councilors who can be present.5 He must therefore, sufficiently ahead of time, inform all the councilors of the place, day, and hour of the session. A convocation is not obligatory when the constitutions or customs determine the place, day, and hour of the meetings. Obviously all other sessions that the superior institutes on his own authority must also be convoked. The secretary may and often in fact does convoke the council at the order of the superior. The councilors should at the same time be given a list of the important matters to be discussed, so that they may properly prepare for the meeting. Unprepared sessions are usually both unsatisfactory and unduly prolonged. 10. Number of councilors required. (a) By the code (c. 163). By the code, a superior has the right to act when at least one councilor is present after all have been properly convoked (c. 163). The 4Cf. Vermeersch, De Religiosis, II, n. 121; Battandier, Guide Canonique, n. 466; Bastien, Directoire Canonique, n. 324. sCf. Vromant, op. cir., n. 40; Jone, op. cir., 120; Michiels, op. cir., 530. 134 May, 1960 COUNCIL~ IN LAY INSTITUTES superior may not act when he alone is present, since there would then be no consent or advice of the council. Therefore, if the constitutions do not demand the presence of a definite number for a session of the council, the superior may act validly and licitly when only he and another councilor are present, The same is true when the president of a session is the assistant or vicar in virtue of a provision of the co~.~titutions or delegation from the superior. It is clear that a session should ordinarily be postponed when only one of four councilors is present. According to the law of the code, the superior has no obligation to substitute other religious for absent councilors. It is not certain: that he may do so licitly or even validly, since the rights of the council devolve after convocation on those~ who are present and these are to be considered juridically as a full council.~ However, because the code does not expressly nor certainly forbid substitu-tion, it is probable that the superior may summon such substitutes. 7 He may use an analogous norm from the code (c. 655, § 1) and select the substitutes with the consent of his council; or he may follow one of the norms of substitution admitted in the practice of the Holy See, explained in (c) below, e. g., by taking the local superior as the first substitute and then, with the consent of his council, selecting the other substitutes from the professed of perpetual vows of the house in which the session is held. (b) By the general law of constitutions. The constitutions of lay congregations very frequently demand the presence of the superior general and two councilors for any session of the general council, and a few require a unanimous vote when only this number is present. Other specifications are also found, e. g., two-thirds of the general council, and three general councilors. The Normae of 1901 (n. 273) seem to suppose that the superior general and at least two councilors are present at any session. These constitutions do not demand that the absent councilors be replaced by substi-tutes, i. e., outside of the matters listed in the following paragraph; and substitution is accordingly regulated by the norms given above. It is not the practice to summon substitutes in such cases. (c) By the law of the constitutions [or appointments and other de-termined matters. Most constitutions of lay congregations, following the Norrnae of 1901 (n. 273), require a full general council for ap- ~Cf. Can. 163; 165; Goyeneche, De Religiosis, 47-48; Quaestiones Can-onicae, I, 26-27; Bastien, op. cir., n. 327; Schaefer, De tteligiosis, n. 586; Pejska, Ius Canonicum Religiosorum, 233. 7Cf. Coronata, Institutiones Iuris Canonici, I, 658, note 3. 135 JOSEPH F. GALLEN Review for Religious pointments to offices. A small number extend this to other matters, e. g., admission to the noviceship and first and fihal profession, dismissal of professed religious, matters that require recourse to the Holy See or the local ordinary, and even for all matters that demand a deliberative vote. Full membership is required in such constitu-tions for the liceity, not for the validity, of the superior's action. If all the members of the council are not present, the ap-pointment, if possible, should be postponed. If it cannot be deferred, the substitutes prescribed by the constitutions are to be summoned. The most common norm of substitution is that the local superior is to be called and, if a second substitute is necessary, the superior general, with the consent of the councilors present, is to choose him from the professed of perpetual vows of the house where the session is being held. If the local superior is already a general councilor or cannot attend, a religious of perpetual vows is to be chosen in this same way as first substitute. Many other norms of substitution have been admitted by the Holy See. For example, the second sub-stitute need not be of the house where the session is held; the first substitute is the secretary general, or the secretary or bursar general; the superior general, with the consent of the councilors present, chooses as substitutes religious professed for at least ten years; one or two professed of perpetual vows; and, finally, a pro-fessed of perpetual vows, preferably the bursar general. It is pos-sible to find constitutions that demand a full council for determined matters but do not provide any norm of substitution. In such cases the superior is to summon substitutes according to one of the norms given above (c. 20). Constitutions rarely mention the necessity of the presence of a minimum number of provincial councilors, of a full council for determined matters, or give norms of substitution for this council. Such provisions, when found, follow those described above for the general council. (d) Non-councilors" attending sessions. The constitutions usually state, at least of the superior general, that he may summon religious who are not councilors to sessions of the council to give information or advice but that he is forbidden to grant a vote to anyone who is not a councilor. Any superior has this same right. Those most likely to be called are the bursars, masters of novices and of junior professed, and supervisors of schools, hospitals, and studies. It is evident that no one has a right to vote in a council or to act as a councilor unless he is such by election, appointment, or by a provision of law. Some constitutions contain the strange provision that persons summoned as above "have only a con- 136 COUNCILS IN LAY INSTITUTES sultive vote." The same is more frequently said of the secretary general, e. g., "If the secretdr~y general'is,not a councilor, he has only a consultive vote." All such persons give information or advice only when requested and merely to help the superior and the councilors to form their opinions, and this may be the sense of the constitutions in question. They do not vote nor act as councilors; this appertains only to the superior and the councilors. Further-more, a secretary of a council is not by that fact a councilor nor should he act as such. He is in the same position as any non-councilor who is summoned to a session. Therefore, he has no right to give an opinion in a council unless this is at least implicitly requested by the superior. 11. Common deliberation (c. 105, 2°). The proper and primary canon on the obligatory consent or advice of a council or chapter is canon 105. The literal translation of this canon is that the coun-cilors or capitulars "are to be legitimately convoked and to manifest their opinions" (c. 105, 2°). The evident translation of the sense of this clause is that "they are to be legitimately convoked and to manifest their opinions in a common deliberation." The canon thus commands absolutely that the councilors or capitulars are to express their opinion in a common deliberation. It is therefore difficult to understand the reason for the statements of some authors that canon 105 does not forbid a councilor to vote through a proxy or by letter or that these are forbidden only for a canonical election (c. 163). From the wording of canon 105, 2°, it is illicit, but not certainly invalid, for a superior to secure an obligatory consent or advice outside of a common deliberation, e. g., through a proxy, by letter, or by interrogating the councilors or capitulars individually and separately and securing in this way their oral consent or advice. 8 The obligation of a common deliberation ceases and the consent or advice may be requested separately when the matter is urgent and a common deliberation is impossible or at-tainable only with unusual difficulty. It is possible for an institute to have a privilege from the Holy See permitting an obligatory vote to be asked separately, 8Vromant, op. cit., n. 40; Vermeersch-Creusen, Epitome Iuris Canonici, I, n. 229; Wernz-Vidal, Ius Canonicum, II, De Personis, n. 33; III, De Religiosis, n. 155; Coronata, op. cir., n. 154; Ojetti, Comfnenta}'ium in Codicem Iuris Canonici, II, 182-83; Fanfani, De Religiosis, n. 66; De Carlo, Jus Religiosorum, 82; Goyeneche, Quaestiones Canonicae, I, 180-82; Cappello, Summa Iuris Canonici, I, n. 201,'4; Pejska, op. cir., 233; Bender, op. cir., n. 417; Bergh, Revue des Cdmmunautds Religieuses, 20 (1948), 78; Chelodi-Ciprotti, Ius Canonicum de Personis, n. 102; Brys, Juris Canonici Compendium, I, n. 296, 2; Sipos, Enchiridion Iuris Canonici, 82. 137 JOSEPH F. GALLEN Review for Religious e. g., by letter. Several authors maintain that the particular law or custom of an institute may permit separate voting.9 The opinion of these authors may be followed, even though it is not easy to perceive the foundation for the opinion. Canon 105, 2°, does not contain a clause permitting the continuance of contrary laws or customs, and it is difficult to see how a contrary immemorial custom or one of a century's duration could not-be prudently removed in this matter (cc. 5-6). The attempt to prove the same doctrine by recurring to canon 101, § 1, 1°, is equally obscure. It is true that this canon explicitly permits particular law to prevail over the common law, but it is a canon that only secondarily and analogously applies to an obligatory consent or advice of a council or chapter. The primary and proper canon is canon 105, 2°, which demands a common deliberation absolutely. The value of the com-mon deliberation is that the reasons and facts adduced by some will clarify the issue in the minds of all. A common deliberation also lessens the difficulty in proposing an opinion Contrary to that of the superior. The superior proposes the matters for discussion. He should give an objective description and explanation of each case, without revealing his own opinion. He then asks the opinions of each of the councilors. It is sometimes enjoined by the constitutions and is often customary for the last in precedence to speak first. The superior is to strive to secure a sincere and complete expression of opinion from all the councilors. Canon 105, 3°, obliges the councilors to express their opinions respectfully, sincerely, and truthfully. The superior should take care lest any more aggressive and vocal members dominate the council. These are not necessarily the most able or prudent. The councilors are to consider all matters objectively; they are not to be motivated by partisanship, faction-alism, anger, pride, stubbornness, or blind adherence to their own opinions. The councilors have full liberty to express their opinions. Their norm is the objective merits or demerits of the question, not what the superior wants. To assure this liberty, it is better for the superior to give his opinion last. The superior must be careful lest his attitude intimidate or discourage the councilors from a sincere expression of opinion. He may never consider the council as a mere "rubber stamp" for his own ideas. ~Maroto, Institutiones Iuris Canonici, I, 556, note 1; Michiels, op. cir., 530; Jone, op. cir., 120; Schaefer, op. cir., n. 582; Cocchi, Commentarium in Codicern Juris Canonici, II, 44; Geser, Canon Law Governing Communities of Sisters, n. 395. 138 ~VIay, 1960 COUNCILS IN LAY INSTITUTES The amount of time given to each matter will evidently vary with its importance and the :ease or difficulty in reaching a decision. The superior determines the duration and the number of times each councilor is to speak. Some constitutions state that an interval is to be allowed, at least on the petition of the majority of~the council, between the session in which a matter is proposed and that in which it is to be decided, unless the matter is urgent. This will o~dinarily occur only in important matters, but it is a norm that prudence itself will frequently demand or counsel. Some constitutions specify the interval as of one day or more, three or more; and three or eight days. 12. Manner of voting. Canon 105 does not impose any determined manner of voting, i. e~, orally, in writing, publicly, or secretly. The code requires a secret deliberative vote for alienations and the contracting of debts and obligations (c. 534, § 1) and for the dismissal of professed of temporary vows in pontifical congregations of men or women (c. 647, § 1). Very few constitutions of lay institutes contain any provision on the manner of voting, even though the Normae of 1901 stated that the deliberative vote was to be secret (n. 273). The varying provisions on the necessity of a secret vote in constitutions are: for all matters; whenever the deliberative vote is required; only for appointments; councilors may request it for an important matter; and when demanded by canon law, the constitutions, or requested by two councilors. The preferable norm is a secret vote whenever the deliberative vote is required. A secret vote is ordinarily taken by means of black and white beads or beans or in some similar manner. 13. Necessity of voting. Whenever the deliberative vote is required, the councilors are actually to vote; and the result of the voting is to be announced to the council. Otherwise the superior could not be certain that he had the consent of his council. The superior also votes. Actual voting may be done but is not necessary when only the advice or consultive vote is demanded. The superior is not obliged to follow even a unanimous consultive vote and he can reach his decision merely from the opinions proposed by the councilorS.1° 14. Number of votes required (c. 101, § 1, 1°). Unless the constitu-ti0ns specify a different norm, the votes are computed according to canon 101, § 1, 1°, i. e.~ a matter is settled by an absolute ~°De Carlo, op. cir., 82. On the fact that the superior also votes, cf. Bastien, op. cir., n. 326; Battandier, op. cit., n. 453; Lanslots, Handbook of Canon Law, n. 394. 139 JOSEPH F. GALLEN Review for Religious majority, which is any number thdt exceeds half the valid votes cast. The constitutions do not contain, either for affairs or ap-pointments, the norm of canon 101, § 1, 1°, that a relative majority suffices on the third balloting. In appointments one person is voted for at a time; and all affairs are so proposed that they can be voted on affirmatively or negatively. Since the superior and the councilors ordinarily constitute an uneven number, a tie is scarcely possible unless one of the members is absent. Canon 101, § 1, 1°, commands a superior to break a tie after the third balloting, and this norm is to be observed when the constitutions are silent on this matter or do not contain a different norm for breaking a tie. In the former practice of the Holy See in approving constitutions, The superior was given the right or was commanded to break a tie after the first balloting. The recent practice gives this right or imposes the obligation only after the third balloting. In breaking a tie, the superior merely declares which side he favors; and he is not obliged to break the tie in favor of the side for which he had already voted. If the constitutions command the superior t~o break a tie after the first or third balloting, he must do so. He is not permitted to put the matter to another vote. The constitutions almost universally demand a full council for appointments and deny the superior the right of breaking a tie in this matter. In this case, a tie proves that the person concerned has not secured the vote of the council. 15. Appointments to office. The council should have a list of those qualified for office. This list is to be renewed at fixed intervals, e. g., every two or three years. Such a method will expedite the selection of superiors and officials and will also help to prevent the constant appointment of the same religions as superiors. In making a par-ticular appointment, the superior proposes the names for discussion. He decides when the discussion is sufficient and then proposes the names individually for voting. 16. Deliberative and consult~ve vote (c. 105, 1°). (a) Deliberative vote. There is no ambiguity in the expression of this vote. It is required whenever the code or the constitutions demand the consent, de-cisive or deliberative vote of the council. The necessity of the vote is also perfectly clear from canon 105, 1°, i. e., a superior acts invalidly when he acts without or contrary to the majority vote in any matter for which the deliberative vote is required. The 140 May, 1960 COUNCILS IN ~.~AY INSTITUTES consent of the council is a necessary positive element for the validity of the act of the superior.~1 Two important distinctions are to be kept in mind. Let us take as an example the erection of a new house, for which the con-stitutions require the deliberative vote of the general council. The superior general is not obliged to propose or to admit the proposal of this matter, since it appertains to the superior to determine whether a particular matter is to be submitted to the council. If he does propose it, the superior general must have the consent of his council validly to erect the house. If he secures this consent, he may erect the house; but he is not obliged to do so. He may abstain from such an action. The law commands him to have the consent of his council to erect the house; it does not oblige him to act according to the consent of the council.12 The second distinction is that canon 105, 1°, commands consent for the validity of an action of a superior when the consent is that of an inferior or inferiors, not when the law commands the consent of a higher authority, e. g., of a higher superior, the local ordinary, or the Holy See. The consent of a higher authority is required for validity only when this is expressly stated in the law in question; otherwise it is demanded only for the liceity of the superior's act.13 (b) Consultive vote. Consultive vote means that the superior is to listen to the opinions of his council. It is clearly stated in the following expressions: with the consultive vote, or with the advice, of the council; having consulted or heard the council; and according to the counsel or advice of the council. The expressions "with the council" and "with the vote of the council" are ambiguous but are to be interpreted in themselves as demanding only a consultive vote. Since the necessity of a vote is restrictive of the rights of a superior, it is to be interpreted strictly. Therefore, if it is doubtful whether any vote is necessary, no vote is necessary; if it is doubtful whether the vote imposed is deliberative or consultive, it is only consultive (c. 19). In constitutions it is preferable to use uniformly ~Can. 1680, § 1; Vromant, op. cir., n. 45; Michiels, op. cir., 504; Larraona, op. cir., 9 (1928), 422; Naz, Traitd de Droit Canonique, I, n. 367. Cf. De Ritibus Orientalibus de Personis, can. 35, § 1, 1°. 1~Michiels, op. cit., 500; Goyeneche, De Religiosis, 47; Quaestiones Can-onicae, I, 185; Jone, op. cit., 118-19; Larraona, op. cit., 9 (1928), 422, note 686; 424; Bender, op. cir., n. 377, 1; Berutti, De Personis, 58; Abbo-Hannan, The Sacred Canons, I, 153; Beste, Introductio in Codicem, 167. ~aMichiels, op. cir., 495; Berutti, op. cir., 56; Jone, op. cir., 118; Bender, op. cir., n. 377, 2; Regatfllo, Institutiones Iuris Canonici, I, n. 206; Scho.enegger, Periodica, 31 (1942), 120~21. 141 JOSEPH F. GALLEN Review for Religious the expressions "with the consent" and "with the advice." Both are clear and brief. 1° An act placed without consultation, i. e., the act requires the advice of a council and the superior does not even request this advice. Such an act of a superior is almost certainly invalid from the wording of canon 105, 1°;~4 but it is still solidly probable that the act is merely illicit, not invalid, until the Holy See has author-itatively decreed otherwise. Therefore, a superior acts validly but illicitly if he acts without seeking the advice of his council when this is required by law. The previous consultation is required for validity whenever a determined law demands the consultation under the expressed sanction of invalidity. This is true of some canons, e. g., 2152, § 1; 2153, §.1; 2159; but no such canon is found in the section on religious. The same sanction is possible but in fact is not imposed by the law of the constitutions of lay institutes. 2° No obligation to follow the consultive vote. The code does not oblige a superior to follow even the unanimous consultive vote of his council; but it is recommended and he is counselled ordinarily to do so, i. e., he is to consider seriously and should not depart from a unanimous vote unless he has a reason that prevails over the vote. The superior is the judge of the existence and weight of such a prevailing reason. It is evident that a superior is always to give due consideration to the advice of his council, especially but not only when it is unanimous; otherwise the office of a councilor and the obligation of seeking advice in such matters would be mere formalities. 17. Matters that require the deliberative or consultive vote. The con-stitutions contain an article that lists what are called the more important cases in which the deliberative vote of the general council is necessary. This article is usually unsatisfactory. It does not list all nor the more important or practical cases of such a vote. The constitutions most rarely include a list of the matters that demand the consultive vote. The list below is based on the present practice of the Holy See and is intended to be complete. This prac-tice is not invariable. In different approved constitutions, the same matter sometimes demands a deliberative vote, a consultive vote, or no vote at all. The list therefore will not be in complete agree-ment with all constitutions, even if they have been recently ap-proved by the Holy See. Some of the matters listed below demand 14Cf. De Ritibus Orientalibus de Personis, can. 35, § 1, 2°. 142 May, 1960 COUNCILS IN LAY INSTITUTES the deliberative or consultive vote from. the law of the code, but in most cases the vote is imposed only by the law of the constitu-tions. It would unnecessarily complicate the question to include this distinction in the list. Some also require recourse to the Holy See or the local ordinary, but this is stated in the chapter of the constitutions that treats of the particular maiter. (a) The superior general must have the deliberative vote of his council in the following cases. 1° The condonation in whole or in part of the dowry of those having degrees or compensating abilities, if such a faculty is contained in the constitutions. 2° The investment of the dowry. 3° Dispensation from an entrance impediment of the constitu-tions. 4° Admission to the noviceship and first profession. 5° The establishment or transfer of a novitiate. 6° The dismissal of a professed of temporary or perpetual vows and the sending of a professed religious immediately back to secular life. 7° The convocation of an extraordinary general chapter for reasons other than those specified in the constitutions, the designation of the place of a general chapter, and the forma-tion of groups of smaller houses for the election of delegates to the general chapter. ' 8° The transfer of the permanent residence of the superior general or provincial. 9° To give a formal precept of obedience to an entire house, province, or to the entire congregation. 10° To appoint a. visitor for the entire congregation or an entire province, at least if the visitor is not a member of the general council. 11° The choice of a substitute for an absent general councilor. 120 The acceptance of the resignation, removal, and deposition of a general councilor, secretary general, bursar general, procurator general, and the appointment of a si~ccessor in these cases. 130 The appointment, transfer, and removal of provincial, regional, and local superiors, their councilors, secretaries, and bursars, of a master or assistant master of novices, the master of the junior professed, instructor of tertians, supervisors of schools and studies, principals of schools, and administrators of hospitals. 143 JOSEPH F. GALLEN Review for Religious 14° Approval of the accounts of the bursar general. 15° The imposition of an extraordinary tax, the alienation of property, contracting of debts and obligations, the making of contracts in the name of the congregation, extraordinary expenses, and other matters of a financial nature according to the norms of canon law and the ordinances of the general chapter. 16° The erection of new provinces; the union, modification, or suppression of existing provinces; the formation, change, and suppression of regions; and the erection and suppression of houses. 17° All matters for which recourse to the Holy See is necessary. 18° All matters remitted to the deliberative vote by the general chapter. (b) The superior general requires the Consultive vote of his council in the following cases. 1° The dismissal of novices. 2° The prolongation of the noviceship and temporary profession. 3° Admission to renewal of temporary profession, to perpetual profession, and exclusion from the renewal of temporary profession or from perpetual profession. 4° The declaration of fact for the automatic dismissal of a pro-fessed religious. 5° Approval of the quinquennial report to the Holy See. 6° Approval of the reports of the superior general to the general chapter. 7° To give a practical interpretation of a doubtful point of the constitutions. 8° All matters remitted to the consultive vote by the general chapter. There is very little in many constitutions on the part of the provincial superior and his council in the acts listed below. There is even more variety in the constitutions that do treat this matter. The admission to the noviceship and professions, the dismissal of novices, the appointment of local superiors, local councilors and bursars, and of the master and assistant master of novices are often made by the provincial with the consent of his council but require the consent or especially the confirmation, ratification, approbation, or approval of the superior general with the deliberative vote of his council. (c) The provincial superior requires no vote of his council for admission to, prolongation of, or dismissal from the postulancy. 144 .May, 1960 COUNCILS IN LAY INSTITUTES (d) The provincial must have the deliberative vote of his council: For the following acts: 1° Investment of the dowry. 2° Admission to the noviceship. 3° To send a professed religious immediately back to secular life. 4° The designation of the place of the provincial chapter and the formation of the groups of smaller houses for the election of delegates to this chapter. 5° To give a formal precept of obedience to an entire house. 6° To appoint a visitor for the entire province, at least if the visitor is not a provincial councilor. 7° The appointment of local councilors and bursars, principals of schools, and administrators of hospitals. 8° Approval of the accounts of the provincial bursar. 9° The alienation of property, contracting of debts and obliga-tions, the making of contracts in the name of the province, extraordinary expenses, and other matters of a financial nature according to the norms of canon law and the ordinances of the general chapter. 10° Other matters according to the enactments of the general chapter. For the following requests to the superior general and his council: 1° The condonation in whole or in part of the dowry of those having degrees or compensating abilities, if such a faculty is contained in the constitutions. 2° Dispensation from an entrance impediment of the constitutions. 3° Admission to first temporary profession. 4° Dismissal of a professed of temporary or perPetual vows. 5° Erection and transfer of a novitiate and erection and suppres-sion of houses. 6° The removal, deposition, and replacement of a provincial councilor, secretary, or bursar; and the appointment, transfer, and removal of local superiors, the master and assistant master of novices, the master of the junior professed, the instructor of tertians, and provincial supervisors of schools and studies. 7° All matters for which recourse to the Holy See is necessary. 8° Other matters according to the ordinances of the general chapter. (e) The provincial superior requires the consult~ve vote of his council: For the following acts: 145 JOSEPH F. GALLEN Review for Religious I° Prolongation of and dismissal from the noviceship. 2° Admission to renewal of temporary profession. 3° The declaration of fact for an automatic dismissal of a professed religions. 4° Other matters according to the ordinances of the general chapter. For the following requests to the superior general and his council: 1° Prolongation of or exclnsion from renewal of temporary pro-fession and exclusion from perpetual profession. 2° Admission to perpetual profession. 3° Other matters according to the ordinances of the general chapter. The treatment of the local council in constitutions is far more varied and unsatisfactory. Canon 653 states: "In the case of grave external scandal or of very serious imminent injury to the com-munity, a religions may be immediately sent back to secular life by a higher superior with the consent of his council or even, if there is danger in delay and time does not permit recourse to a higher superior, by the local superior with the consent of his council and that of the local ordinary." This extraordinary case is the only one in which canon law demands the consent of the local council in a lay institute. The following typical article is a practical summary of what is found in constitutions at the present time. The local superior shall convoke his council every month, or oftener if necessary. Outside of the extraordinary case of canon 653, the local councilors have only a consultive vote except in matters for which the general chapter or the superior general with the consent of his council has decreed that the vote mnst be deliberative. The superior is to discuss with his council the appointment of religions to the local offices and duties not :reserved to higher superiors, the monthly approval of the accounts of the local bursar, financial matters according to the ordinances of the general chapter, the ~material condition and all important matters of the house and its works, the observance of the constitutions, the progress of the religions spirit among the members of the house, and the means to be used to correct abuses and defects that may have crept into the house. Several constitutions impose a deliberative vote for all financial matters. 18. Monasteries of nuns. A monastery is different from a congrega-tion in that the superioress may be obliged to seek the vote of either the council or the chapter (cc. 534, § 1; 543; 575, § 2; 646, § 2). To give again merely a practical summary of what is stated 146 May, 1960 COUNCILS IN LAY INSTITUTES in constitutions, the vote of the chapter is deliberative for ad-mission to the noviceship and temporary profession and consultive for admission to final profession, solemn or simple, and in some monasteries for all the more important affairs of the monastery. The vote of the ,council is deliberative for the dismissal of a novice, investment of the dowry, dismissal of a professed of temporary or perpetual vows, the sending of a professed religious immediately .back to secular .life, appointment and removal of officials of the monastery, alienations, the contracting of debts and obligations, extraordinary expenses; and in some monasteries there is a de-liberative vote previous to that of the chapter for admission to temporary profession. The vote of the council is consultive for the dismissal of postulants; the prolongation of the postulancy, noviceship, or temporary profession; all other important matters of the monastery; and' in some monasteries there is a consultive Vote previous to that of the chapter for admission to perpetual profession, solemn or simple. 19. Federations of nuns. The mother general (president) requires the consent of her council in such matters as the designation of the place of the general chapter; the convocation of an extra-ordinary general chapter; acceptance of the resignation, deposition, and appointment of a successor of a general official; and the erec-tion and suppression of monasteries. The regional mother is obliged to consult her council on such matters as the erection and suppres-sion of monasteries and the possible erection of a common novitiate. It is evideat that the council of a confederation, federation, or region should also be consulted in other important matters. 20. Minutes. There should be a council book, in which the minutes of each session are recorded by the secretary. These are to contain the date, names of the absentees and of any substitutes, all affairs that were discussed, the decisions reached, and the number of votes for and against each decision. The minutes are read and approved by the council at the beginning of the following session. The secretary should add a notation of the vote by which the minutes were approved. The minutes are then signed by the superior and the secretary or, according to some constitutions, by all the councilors. In many congregations the minutes are signed by the superior and the secretary before the approval of the council, and there are also congregations in which this approval is not prescribed. The reading and approval of the minutes are an or-dinary practice in both secular and religious bodies of this nature. 21. The assistant and vicar. The constitutions of lay institutes 147 JOSEPH F. GALLEN ordinarily determine that the assistant takes the place of the superior, whether general, intermediate, or local, when the latter is absent or for any reason whatever is unable to exercise his office. They prescribe with equal frequency that the assistant, as vicar, succeeds immediately but provisionally to the office of superior on a vacancy by death, resignation, removal, or deposition. A vicar has all the powers of a superior, as has also an appointed acting superior. The right to convoke and preside over a council appertains to the superior, vicar, and an acting superior. A few constitutions enact that the general or provincial assistant con-yokes, and presides over the council when the respective superior is sick, absent, or otherwise impeded. Unless expressly forbidden by the constitutions, any superior may also give even general delegation to his assistant to do this (c. 199, § 1); and this power is explicitly stated in some constitutions. It is not the practice of constitutions to make provision for sessions of the local council in the absence or incapacity of the local superior. Any vicar or acting superior, whether general, intermediate, or local, should hold the sessions prescribed by the constitutions, sinve he pos-eesses the authority of a superior. Because his office is provisional and temporary, he should avoid innovations of moment unless these are demanded by the urgency of the matter. 148 The Dictionary of Spirituality R. F. Smith, S.J. THE DICTIONARY OF SPIRITUALITY (Dictionnaire~ de I spiritualit~) is a French reference work devoted exclusively to matters concerned with spirituality. The Dictionary is still in process of being published; three volumes have already appeared, and a large part of the fourth volume has been issued in separate fascicles. The purpose of this article will be to give some idea of the contents of the latest fascicles (nos. 26 and 27; Paris: Beau-chesne, 1959). No attempt will be made here to indicate all the articles included in the two fascicles, but a number of them will be summarized so that readers of R~.v~Ew Fo~t RELm~OUS may have some knowledge of the type of subject matter treated in the Dictionary. As is evident, statements of fact or of opinion are the responsibility of the authors of the various articles in the Dictionary and do not necessarily reflect the views of the editorial staff of the REw~.w. Elevations English spiritual literature does not as a rule use the term elevation as the name of a certain type of meditation book, but both the name and the type have been popular in France; the history of this form of spiritual writing is detailed in the Dictionary from column 553 to 558. The term elevation is actually an ancient one in the history of thought, going back to Plato and other pagan Greek philosophers, the aim of whom was to secure the ~a¢~, or the a~a~7~ (both words mean equivalently elevation or ascent) of the soul to God or at least to spiritual realities. These words were then taken over by Christian writers, and all the more readily since parallel ideas are found in the Bible (see Ps 123:1; 141:2; Col 3:1-2). Hence it is that the traditional description of prayer has always been that of an elevation (or an ascent) of the mind to God. Since the seventeenth century, howev.er, the term elevation has been used in French spiritual literature to denote meditations in which the beauty of the thoughts, the ardor of the feelings, and a certain magnificence of style join forces to lift the soul more easily and gently to the thought of God. Passages of this kind of 149 R. F. SMITH Review for Religious writing are to be found even among pagan writers (for example, the monotheistic hymn of. Aton, some of the passages in Plato and Plotinus); and large sections of the Bible also partake of the nature of elevations (see Jb 36:22-39:25; Tob 13; Is 60-62; Jn 17; Rom 8). So too throughout the course of Christian spiritual literature elevational passages have not been absent, but it was not until modern times that elevations became a separate and self-conscious type of spiritual writing. Cardinal B~rulle gave the greatest impetus to the new form with his frequent elevations, the purpose of which was to bring the spirit of the liturgy into private devotion, The greatest example of elevations is Bossuet's work, Elevations to God on All the Mysteries of the Christian Religion. This type of writing is still frequent among the French, Vandeur and Guerry being, two of the foremost exponents of it today. Elijah Two Carmelite authors (col. 564-72) examine the validity of the traditional association of the prophet Elijah with religious life and with the Carmelite order in particular. The first section of the article remarks that although the Carmelite- tradition of~ the prophet Elijah as the father of monastic life has. not always been based on the soundest reasons, yet the intuition incorporated into the tradition is basically sound; for Elijah is presented in the Bible as a remarkable combination of contemplation and action. Thus, for example, in his dispute with the priesis of Baal on Mount Carmel there is manifested the zeal of Elijah for the worship of the one, true God, even at the possible danger of his. own life. So, too, Elijah shines forth as a man of action in his constant and frequent opposition to the kings whom he regarded as a source of moral corruption for the Israelites. The contemplative aspect of Elijah is shown in the scriptural presentation of him as a man of mystery, removed from other men. His appearancesand disap-pearances are sudden; he lives in solitude, nourished by food pro-vided for him in a supernatural way; the distance between Elijah and other men is strikingly accentuated by his final ascent in a fiery chariot. Finally Elijah is presented as a man who has spoken with God and to whom God has spoken in that small, still voice which is a symbol of God's intimacy with him. The next section of the article considers Elijah and the mo: nastic life. Before the foundation of monastic life, .Greek and Latin fathers rarely referred to Elijah as a model for Christian living; 150 May, 1960 DICTIONARY OF SPIRITUALITY but the fathers of the desert found in him a forerunner of their own way of living, It is in fact in the Life of St. Anthony that is found the first explicit appeal to the example of Elijah as a model of a life lived in the presence of God. This linking of Elijah and the life of perfection continued to grow in the Eastern Church; and in the liturgical feast which was finally accorded Elijah he was hailed with the title usually given to a monk-saint: "terrestrial angel and celestial man." In its beginnings western monasticism did not appeal to the example of Elijah. Later, however, St. Ambrose and St. Jerome expressed the opinion that Elijah could be legitimately considered a forerunner of monastic life; and gradually the monks of the West came to see in the prophet a model for their own virginity, purity of heart, solitude, and life of prayer. Nevertheless there .are but few indications of a liturgical cult to the prophet, and even among the Carmelites the feast of Elijah was a late introduction. It is to be noted that the new preface approved for the feast of the prophet says of him that "he laid the foundations of monastic life." The last part of the article examines the relationship between Elijah and the Carmelite order. During the crusades of the eleventh and twelfth centuries, not a few of the crusaders were drawn to a life of preyer; and some of them settled on Mount Carmel in pursuit of this aim. In 1209 a group of monks living on Mount Carmel re-ceived a rule of life from Albert, patriarch of Jerusalem; later the rule was confirmed in 1226 by Pope Honorius III. These monks became the Carmelites. It is not certain, however, that the monks had come to Mount Carmel out of veneration for the prophet; and their rule does not refer to the prophet as a source of inspiration. It seems more probable that the monks' presence on Mount Carmel gradually led to a devotion to Elijah which eventually became an integral part of the traditions of Carmelite spirituality. The legend of a continuous eremitical life on Mount Carmel from Elijah to the crusaders is alluded to in the Constitutions of the Chapter of London of 1281; and in the fourteenth century the figure of the prophet was linked with the strong Marian tradition of the Carmelites. Elizabeth of the Trinity and Anne Catherine Emmerich Sister Elizabeth of the Trinity (1880-1906) and her life lived in the praise of the glory of the Trinity have been of considerable interest to modern spiritual writers; the Dictionary's brief article 151 R. F. SMITH Review for ReligiOus on her (col. 590-94) delineates the stages of her spiritual progress, At nineteen she found in the writings of St. Teresa of Avila the central orientation of her life: intimacy with God living within her. From that time the aim of her life was to live always in the "cell" which God had built in her heart and one of the most characteristic phrases of her spirituality became that of the "heaven of my own soul." Later the Dominican Father ValiSe taught her to realize the Trinitarian aspect of the divine presence within her, and the reading of the works of St. John of the Cross gave her a full awareness of the transforming effects of the Trin-itarian presence. Meanwhile God Himself had been directing her, leading her through a long, continuous period of aridity and de-pression meant to purify her soul for its final ascent to God. At the end of this period on November 21, 1904, she was led to compose her famous prayer to the Trinity that synthesizes her entire spiritual doctrine. For Sister Elizabeth the fundamental condition of the spiritual life was the ascesis of silence and recollection, a separation from all things that could prevent one from praising God. The essential duty of the spiritual life was to believe in the God who is love and to give Him an adoration of love expressed in an absolute fidelity to His least desire. The model of this life she found in the Incarnate Word, for He is the perfect praise of the glory of the Father. And her final desire in her spiritual life was to join the unceasing praise of the blessed in heaven as that is described in the last chapters of the Apocalypse. Anne Catherine Emmerich (1774-1824) is known today chiefly for the lives of Christ and our Lady attributed to her, but she was also a stigmatist; it is this latter aspect of Anne Catherine that is first discussed in the Dictionary (col. 622-27). Although she possessed a partial share in the stigmata as early as 1799, it was not until 1812 that all the stigmata became apparent in her. Soon after their appearance she was given a full medical and ecclesiastical investigation. The wounds of Anne Catherine, however, yielded to no medical treatment; moreover' continuous medical surveillance established the fact that she fasted from everything except water. Later a governmental examining, board investigated the case and could find no evidence of deception or fraud. In the opinion of the author of the article the stigmata of Anne Catherine must be judged to have been of supernatural origin; a.n.d he quotes with approval the remark of Alois Mager, O.S.B., that the records of the stigmata of Anne Catherine constitute "a rare source for the 152 May, 1960 DICTIONARY OF SPIRITUALITY psychological, religious, and medical study of stigmatisation and other analogous phenomena." The case is not quite so clear, however, with regard to her visions. At the command of her spiritual director, Anne Catherine related her visions from 1818 to 1824 to Clement Brentano; from the notes he took from his almost daily interviews with her, he later published three works on the lives of our Lord and our Lady. Although Brentano himself admitted that Anne Catherine never attributed more than a human value to her experiences, he himself insisted on the historical accuracy of every detail in the works, claiming that Anne Catherine in her visions was actually present at every scene described. Critical study, however, has proved that Brentano actually incorporated into the works he published ac-counts borrowed from other writers. Accordingly in 1927 the Congregation of Rites refused to accept as the writings of Anne Emmerich the volumes published under her name. With regard to the visions actually experienced by Anne Emmerich, the author of the article concludes that it is impossible for anyone today to say whether or not they had a supernatural origin. Devotion to the Infant Jesus The Dictionary's article on devotion to the Infant Jesus (col. 652-82) details the history of that devotion from the earliest times down to our own day. The patristic period of the Church did not in general possess what we would call today a personal devotion to the Infant Savior. Even the liturgical feasts of Christmas and Epiphany did not express such a devotion, for they were primarily instituted to stress religious ideas "and dogmas, and not to com-memorate historical events in the life of Christ. In the earliest history of the Church, the closest thing to a manifestation of a devotion to the Infant Jesus is to be found in the nun~erous pil-grimages to the Holy Land and especially to Bethlehem. With the Middle Ages, however, devotion to the Infant began to grow and to flourish; medieval man, with his taste for the con-crete and his desire for affectivity in his religious life, was led quite naturally to a display of ardent devotion to the appealing figure of the Infant of Bethlehem. The devotion received its first major impulse from St. Bernard; it is in his sermons on the Nativity cycle that are given the first detailed contemplations of the Infant, and there for the first time is His charm described at length. Afterwards St. Francis of Assisi, with his predilection for the 153 R. F. S~I Review for Religious mystery of the Nativity, continued and enlarged the popularity of the devotion to the Infant Jesus. This Franciscan love for the Nativity scene also marked a step forward in the technique of meditation; it was at this time and on the occasion of meditations on the Nativity scene that the Franciscans introduced the method of entering into and becoming a part of the scene meditated on, The ardor with which the devotion was practiced during the Middle Ages can be judged by various indications. It is then that for the first time in the history of Christian sanctity., saints and mystics are given visions of the Infant Jesus. Painters began to depict the adoration of the Infant, thus making the Babe the center of their artistic works. At the same time the use of individual statuettes of the Infant came into existence. Finally, towards the end of the sixteenth century, the Carmelite Francis of the Infant Jesus became the first known person to choose the Infant as his special model. Tl~e frequency with which this title was afterwards used is a dear sign that devotion to the Infant Jesus had assumed the role of an orientating point for the conduct of the spiritual life. The seventeenth century saw another great growth in the devotion. The Infant Christ was a special object of devotion for Cardinal B~rulle who loved to insist that a person interested in the spiritual life could learn from the Infant innocence, dependency, humility, purity, and especially silence. Under B~mlle's influence, the French Carmelite nuns became advocates of the devotion; it was these nuns who popularized the notion that a person must become an infant in order to honor the Infant Word. St. John Eudes introduced a special feast of the Infant (February 6) and composed the oi~ce for it. Olier received a vision of our Lady bidding him to honor the infancy of her Son, and from him the devotion spread throughout the Sulpicians. Towards the end of the seventeenth century, however, devo-tion to the Infant began to decline, possibly because of the con-demnation of Madame Guyon, who had practiced an extreme form of the devotion. In the eighteenth century the devotion was not very prominent, though there was a growth throu~ghout the world in the devotion to the Infant Jesus of Prague. The religious revival of the nineteenth century, however, led to a new growth in the devotion; the extent of this growth can be judged from the number of congregations of religious who placed the name of the Infant Jesus in their official title. The devotion to the Infant Jesus con, tinues to be prominent in the modem Church. St. Teresa of Lisieux practiced the devotion as did the spiritual writer, Dom Vital 154 May, 1960 DICTIONARY OF SPIRITUALI~ Lehodey, whose whole spirituality was centered around the Infant of Bethlehem. Spiritual Childhood The article that is devoted in the Dictionary to a consideration of spiritual childhood or infancy (col. 682-714) is chiefly interesting for the scriptural data that it provides. Spiritual childhood is defined at the beginning of the article as an act of abandon into the hands of the Father made by a soul conscious of its own smallness and radical powerlessness. It is composed accordingly of humility and the consciousness of the divine fatherhood with all the limitless confidence implied by these two elements. This concept of spiritual childhood is to be found in the Old Testament but expressed in different phraseology. It is expressed first of all in the Old Testament theme of poverty. In the early books of the Bible poverty means only the lack of possessior&; but with Isaiah and Sophoniah it adds to this a spiritual meaning, denoting an attitude that is the opposite of pride. This poverty is the theme of some thirty of the Psalms where the poor man is shown to be one whose only wealth is God and who regards himself as an infant in the hands of God. The spiritualisation of this concept of poverty re-ceived its final form in the sapiential books, where the idea of spiritual poverty is completely isolated from its sociological mean-ing and made into a moral-ideal applicable to all, whether rich or poor. This poverty of spirit is a voluntary and total submission to Yahweh with a special emphasis on the smallness and powerlessness and misery of man with regard to his Creator. Poverty in this sense became an essential element in the Jewish religious attitude; it is to be noted that Zechariah (9:9) presented the coming King- Messiah as one who is poor in spirit. The constituents of spiritual childhood are also to be found in another major theme of the Old Testament, that of the father-hood of God. The idea of a divine fatherhood had deep roots in Semitic history; all Semite peoples regarded their national god as the father of the nation. Hence too Yahweh is the father of the Israelites, but in a special sense; since Yahweh is not a national god, but the Ruler of all peoples, His fatherhood of Israel is a special favor given to the Israelite people. Accordingly the prime duty of the Israelites is to honor Yahweh as their father, and He on HIS part must love and protect HIS sons. This loving relationship between God and the Israelite nation is emphasized by another figure of the Old Testament, that of God as the Bridegroom of 155 R. F. SMITH Review for Religious Israel; this figure accentuates the tenderness and intimacy of the union of God with Israel. When we come to the New Testament, it is to be noted that all the elements of spiritual childhood (including the vocabulary) are to be found in Christ's own personal teaching. He makes poverty (in the sense of the Old Testament) the fundamental attitude of His disciples; they must be joyfully aware of their own radical powerlessness with regard to the kingdom and must expect their salvation only from God. At the same time they must address God in their prayers as their Father, and their love for God as their Father demands of them an absolute confidence (see Mk 11:34; Mt 7:7-8; Lk 11:9). Christ also introduced the word child into the vocabulary of the spiritual life. In Matthew 11:25-26 Christ thanks the Father that He has made His revelation not to the wise and prudent, but to little children. The term "little children" is a translation of a Greek word meaning an infant still unable to speak; the doctrine of God, then, is given to those aware of their helplessness and receptive to help from outside of them-selves. Again in Mark 10:14 Christ says that the kingdom of God belongs to children; in this passage Christ's consideration is not directed toward the innocence or simplicity of children, but to their humility, receptivity, and confidence. The kingdom of God is a gift and a grace, and it must be received in the same spirit of de-pendence as the child receives his natural needs from his parents. It is to be noted that in the Gospels two groups of persons are said to possess the kingdom of God: the poor in spirit (Mr 5:3) and children (Mk 10:14). Thereby is made an identification of the poor man of the Old Testament and the way of spiritual childhood.' The poor man of the 01d Testament becomes the child of the Gospel. In the Pauline epistles there is given a sort of negative com-mentary on the word child, as Christ understood it. In his writings St. Paul always gives the word child a pejorative sense, implying childishness and lack of maturity. By so doing, St. Paul is not to be understood as rejecting the way of spiritual childhood, but as forcibly underlining the fact that spiritual childhood or infancy must be carefully distinguished from infantilism, which is not worthy of a Christian. The rest of the article on spiritual childhood or infancy does not add much to the above scriptural teaching. Three things from this section can, however, be noted here. First, growth in the understanding and practice of the way of spiritual childhood 156 May, 1960 DICTIONARY OF SPIRITUALITY developed in the Church under the impulse of devotion to the Infant Jesus. Secondly, it is again emphasized that spiritual child-hood is not childishness but is rather full Christian maturity. And thirdly, the way of spiritual childhood is but the development of the grace given in Baptism by which man is made into a son of God. Education for Sanctity The article (col. 714-27) on the spiritual life of the infant and the pre-adolescent child points out that a child becomes capable of exercising the supernatural powers that were given him in baptism when he reaches the age of reason, that is, when he is capable of an attitude of love and adoration towards God and hence of moral discernment. In many cases, says the author, this period may come quite late, but in well-endowed children who have received good training the age of reason may be reached at the early age of two and a half or three. The presence and growth of the spiritual life in the child can be judged by three signs based on the teaching of St. Thomas in Summa theologiae, 1-2, 112, 5c. These signs are: the child's aptitude for silence and interior recollection; his aptitude to do things for others without expecting a recompense .for himself; and a certain quality of peace and joy in the child's way of acting. The author next considers the various modes in which the child exercises his life of grace. The first way is that of a conversion process, as indicated by St. Thomas in Summa theologiae, 1-2, 89, 6c and ad 3. So St. Teresa of Lisieux experienced a conversion to God at least by the age of three; and Anne de Guign~ at the age of four experienced a conversion from a life of jealousy, anger, and pleasure to a life of love for her neighbor and intimacy with God. Generally this process of conversion takes place on the occasion of the symbols of God that are presented to it. Gradually the child begins to sense the presence and reality of a mysterious Being who is at once very powerful and very lovable and whose name is always uttered by his parents with respect and reverence. The life of grace in children is also expressed in contemplation, and the beauties of nature may well be the means by which the spirit and exercise of contemplation is aroused in them. Children also experience vocation, that is a particular orientation of their life as intended by God. Frequently the exact goal of this orienta-tion remains closed to them, but their life begins to take on a special comportment in accord with God's designs for them (for example, interest in thinking about God or in helping others), and 157 R. F. SMITH they develop a special spiritual climate (for example, joy or com-punction). Finally in this section the author inquires into the possibility of sin. in the infant and small child, concluding that grave sin is rare and practically impossible in children until they reach the ages of seven or eight. In the next part of the article the author considers how a child may be trained so as to allow him to develop the gifts of grace within him. The first requirement is to provide the child with a climate of silence and peace; hence in those training the child there must be calmness and a lack of nervousness, haste, and febrile agitation. The child must also be given a climate of joy, and this will be best achieved if he perceives that those around him regard their Christian life not as a burden but as a privilege. Hence too all religions duties must be presented to the child in a context of gladness. Parents and educators cannot afford to forget that the spiritual life of the child develops largely out of imitation of them. He knows God in the resemblance of those who speak to him about God. From the love of his parents he derives his first idea of the love and providence that God has for him; and the way in which parents and educators pronounce the name of God will be the child's first initiation into the mystery of God. From the beginning the child must be introduced to the fundamental and central truths of the Christian religion: God is great, and He loves us as a father. The communication of religious truth to the child must be made concrete and personal, for the child must be introduced into a living world of reality. Finally the child must be introduced to prayer and must gradually be made a participant in the prayer of his parents and educators. He should be taught the Our Father from the beginning and then other prayers -- short and dense -- drawn principally from the Bible and the liturgy. It is hoped that the above pages will furnish some indication of the kind of article to be found in the Dictionary of Spirituality. The work will be found useful both on the level.of information and on that of inspiration. It should be noted in conclusion that each article of the Dictionary provides bibliographical references for further study and investigation. 158 The Director of the Retreat Hugh Kelly, S.J. ANY PRIEST who has a tree understanding of the Spiritual Exercises will feel a movement of resentment, a desire to protest when he hears himself described as "preaching" a retreat. He can accept "giving" a retreat because the phrase carries the traditional meaning, but he knows that to consider him as preacher is to misunderstand the nature of the Exercises. He has, of course, to deliver conferences; but he must not be merely the preacher. He knows that if he is to be tree to the essential conception of that most distinctive ministry, he must be a director and director even more than preacher. But here a difficulty presents itself to the modem retreat master. There are certain circum-stances in the modem retreat which reduce -- if they do not suppress -- the role of the director. If these are not considered and countered, there is a grave danger that the director may be entirely replaced by the preacher and as a result the value of the Exercises seriously diminished. Before considering the problem presented by modem retreats, it will be necessary to have a clear idea of the role of the director in the Exercises as St. Ignatius understood them. It can be said without exaggeration that the place and function of the director are indicated or supposed in every stage of the retreat. A detailed page-by-page proof of this assertion would occupy too much space ¯ and moreover is not necessary. It will b~ sufficient t9. refer to those parts where the work of the director is most clearly indicated. First of all in position, and even in importance fdr our purpose, come the twenty Annotations, which are a set of practical instruc-tions meant to indicate what. the Exercises are and which are intended t~ help both the director and the exercitant, but chiefly the former. By far the greater part of these twenty are meant for the director. From the beginning they make it clear to him that he is in charge of the retreat, that he is to conduct and control it to such a degree that it can scarcely be conceived without him. He is given detailed instructions as to the manner in which he is to give The Reverend Hugh Kelly is presently stationed at Rathfarnlmm Castle, Rathfarnham, Dublin, Ireland. 159 HUGH KELLY Review for Religious his conferences, to propose the spiritual truths. He is instructed that he is to watch the exercitant so as to get to know his interior reactions, that he is to visit him every day to find out how he is following the meditations, that he is to protect him against those temptations or illusions that will trouble him at certain stages, that he is to impart to him some criteria that will enable him to deal with spiritual experiences, like consolation or desolation. He is also to enlighten and encourage and comfort him. In all this we are very far from the idea of one who merely preaches a set of spiritual conferences; we have a very definite sketch of one whose work is not at all finished when he has ceased to address the exercitant. It is made quite clear that his more important function is to see to it that his message has been received, that it has produced a definite fruit, and that it is carrying the hearer forward on a planned line. Moreover, throughout the course of the retreat, the work of the director is indicated. He is to administer the doctrine ac-cording to the capacity of the exercitant. He is to control the elaborate method and system which constitute a great part of the whole process of the retreat; he has the duty and power to modify, change, omit, retard', hasten, according to the needs of his hearer. This watclfful attention is especially commanded in the business of the election which is the chief work of the whole retreat. The preparation for this decision is the most subtle and delicat~ part of the director's work. He must shepherd the exercitant to this decision in such a way that the latter will be in the most favorable condition, spiritually and psychologically, to make the decision which is most for God's glory. He must enlighten him gradually and skilfully; he must guard him against illusions and errors; he must submit him to strong selected influences; he must dispose him, as it were, in every department of soul; and finally he must instruct him how to manipulate the complex method of election. But in all this elaborate, delicate work the director is, if he is to be true to his proper function, not to impose himself; he is not to urge nor drive nor even to lead. His work is essentially to bring it about, by his skill and prudence, that the exercitant is in the most favorable condition of soul to know the will of God, to feel most surely the attraction of grace, to be freed from inordinate affections in his choice. Hence the director must keep himself in the background; he will arrange the setting, regulate the tem-perature, so to speak, ward off interruptions, induce a suitable 160 May, 1960 DIRECTOR OF THE RETREAT atmosphere. He will then leave the soul face-to-face with God; he will not enter the ring when the decision is being made. This role of the director is clear in the genesis of the Exercises. We know that they record the process and method of St. Ignatius as he passed through the different stages of his conversion and vocation. When he was convinced that he was called to be an apostle, he set about that work in a characteristic way. He was not a preacher, either in natural gifts or with canonical authority. His method was to converse simply with a few hearers in a con-versational tone, to show forcibly and concretely what they were to do to live good Catholic lives, His talks were quite practical: how to examine their conscience, how to distinguish mortal sin from venial, how to make the commandments a living influence in their daily lives. He was concerned that his hearers should apply what he had said to their individual needs. He was primarily a director and not a preacher. When he. came to write down the fruits of his experience, he maintained the chief features of his apostolate: he gave the director the place he himself had played in his work for souls. That distinct place was recognized from the beginning;, and several manuals expounding that role -- called directories -- were composed, one of them by St. Ignatius himself. The chief official directory was drawn up at the desire of Father Aquaviva within forty years of the death of St. Ignatius and was meant to gather up and make permanent the practice and tradition of those who had learned from him. Its purpose is -- as its name indicates -- to lay down what is the function of the director. It is a practical manual, a method of procedure, a set of rubrics, for the conducting of the retreat. Thus the place of the director is fixed as an essential part of the Exercises. The director thus understood has been accepted in the tradi-tion and practice of the reinstated Society of Jesus as well as in the old. But with the lapse of time has come a new kind of religious retreat which does not seem to afford such a place to the director. The type of retreat specifically envisaged by St. Ignatius is one of thirty days, made by a man who probably had no previous exper-ience of spiritual things, for the purpose of coming to a decisio~a about his state of life -- an individual vocation-retreat. The place of a director in such a retreat is obvious and has been described. But the almost universal type of retreat in our time is something quite different; it is given to a religious community, as a prescribed periodic exercise, to those who may have long ago given themselves 161 HUGH KELLY Review for Religious to the service of God and who may well have considerable experi-ence of the spiritual life. The question then arises immediately, Is the traditional role of the director possible or how far is it possible in such aretreat? The question is one that cannot fairly be evaded. We are convinced of the value of the Exercises for the modern apostolate; and this conviction is strongly reinforced by the com-mendation given by Pins XI --' the most splendid testimony given by the Holy See to them. We are convinced of the place the director, that it is something substantial in them. But is a place possible in the modern retreat? The very considerable differences which mark. off the modern retreat from that envisaged by St. Ignatius must inevitably to considerable differences in the manner of giving the Exercises. There will be some obvibus modifications demanded by the conditions. For instance, some of thedoctrines proposed, especially in the beginning of the book, are of an elementary nature --how examine one's conscience, how to prepare for a general confession, and so forth. In our modern community retreat more mature deeper instruction will be expected. In the Directory in Chapter Nine, a considerable freedom is allowed to those who are practiced "in spiritual things." They are allowed to meditate on the subjects which they think useful for themselves or for the purpose they before them in the retreat. In his book La Spiritualit~ de la Com-pagnie de J~su, Father de Guibert discusses some of the changes which the new kind of retreat involves. He points out that those who make a retreat every year the Exercises must be quite familiar and that there is a danger of tedious monotony. overcome that mood of overfamiliarity in the audience and present the Exercises with some measure of freshness, a retreat giver of our day will need to introduce certain "adaptations enrichments." These will generally be the development of basic spiritual ideas of the Exercises, which are capable of hfmite application and development. The question of the director is no less important a problem. The measure and kind of direction prescribed by St. Ignatius an individual inexperienced in the spiritual life and seeking will of God about his state of life would not be appropriate: modern community retreat. That is at once obvious; the problem is to find out how much direction can be given in such a retreat and in what form. The retreat master is dealing with people who have been religions for many years and who may have reached high level of prayer and union with God. The first point to 162 ~Iay, 1960 DIRECTOR OF THE RETREAT noted then is that such people do not need the direction of be-ginners. There could be no need for detailed step-by-step direction, of constant inquiry into" the movements of grace, of warning against temptations and illusions. The stage for such treatment has passed long ago. The second point to be made is that direction need not be continuous. A soul finds itself perhaps at a minor crossroad, about to make a decision which may have considerable consequences; or it may feel attracted to some new method or degree in the spiritual life. Or again a soul needs confirmation, assurance, and encouragement. Such a soul knows that the mere fact of manifesting one's aims, attractions, failures to a sympathetic and competent director will bring light or a warm sense of gratitude and security. The situation of such souls can be easily explained to an experienced director and valuable help derived from such a procedure. That is a true and fairly normal process of direction with souls well advanced. These do not feel the need of constant direction; they will get the help they need with such occasional interview, s. How often does one hear a priest or religious say that a certain retreat marked a stage in their life; and on inquiry it would be explained that the 'deciding influence did not come from what was said at the conference table but from an interview in the confessional. The priest giving the retreat was a trained director; he understood the situation, the needs and capacity of the soul; he gave the advice and enlightenment which the occasion demanded; his help constituted direction in the truest sense. It follows from this that in a retreat according to the method of the Exercises the place of confession is of great importance. It is through the confessional that the director will. do his work; it is there that the general instructions of the conference are applied to the needs and dispositions of the individual. We may have heard retreat masters say that all their work was done at the conferences and that consequently the retreat confession meant for the exer-citant merely the usual weekly confession of rule or at most a brief review of the year since the last retreat. Such an opinion shows a very naive idea of the complexity of the individual soul. It also shows that the director has been replaced by the preacher and that the traditional way of giving the Exercises has been abandoned. That this traditional view is not merely a venerable tradition but still very much a matter of practice is clear from recent works on the Exercises. One article begins by correcting a mistaken view as to the strong point of the whole scheme of the Exercises, the view 163 HUGH KELLY Review for Religious that the value lies primarily, if not entirely, in the rigorous con-nection, the studied progress of ideas. The author points out that such a view takes no account of the interior activity which is suggested and controlled by the director.~ Another article describes in detail the work of finding the will of God pursued by the com-bined efforts of the exercitant and the director. This treatment is not merely historical, but obviously envisages the modem retreat.2 We may take it then that to secure the tree distinctive fruit of a retreat a certain cooperation with the director is generally nec-essary. The soul that is responding more sensitively and generously to the interior movement of the Spiritual Exercises will see the value, ff not the need, of some contact with a skilful director. That contact may be brief, just one or two interviews in the confessional; but such briefmeetings will be truly helpful. They will be sufficient to give assurance about the general direction of the spiritual life and also perhaps sorely needed encouragement to continue to struggle against the paralyzing monotony of fervor maintained. No doubt the experienced soul will be quick to see the application of what the director says in his conferences; but if the troth is one which may have a considerable effect on the spiritual life, then it will be grasped more firmly and fruitfully if discussed with the director. In such a situation it is clear that the preacher has not taken over full control. The influence of the director is felt; it permeates all the stages; it is discreetly active behind the conferences. The director has not merely preached spiritual doctrine; he has tried to apply it. He has not merely instructed; he has actually guided. He has kept in touch with the individual exercitant -- at least with those who have realized the need or benefit of direction. He has a certain idea of how the Holy Spirit is working in that section of his audience, of how His inspirations are being received. In the sixth Annotation St. Ignatius points out that the entire absence of spiritual movements might constitute a suspicious sign. It might well indicate that the exercitant is not doing his duty, is not cooperating by his fidelity to the conditions of the retreat. Consequently he should be questioned with a view to discovering if his aridity is the result of negligence or is due to the action of God. If a retreat consists of a series of lectures, then the work of the preacher is done when he stands up from the table. He is 1Jean Laplace, "L'Expdrience du discernement dans les Exercices de Saint Ignace," Christus, 4 (1954), 28-49. 2Charles Jacquet, "Le rSle de l'instructeur de la retraite," Christus, 10 (1956), 208-24. 164 May, 1960 DIRECTOR OF THE RETREAT not expected to interest himself in the effect of his words on individual hearers. But in .such a situation there is no meaning in the Annotation of St. Ignatius. From what has been said it is clear that in a retreat according to the tradition of the Spiritual Exercises the confessional will play an important part because the work of direction will be done there. From the beginning then the director should make that fact evident. He should do what he can to get the exercitant to speak freely about his interior life. Whether .because of a certain natural reserve or because of a want of practice, many people find it very difficult to open their souls. The skilled director should have acquired means of dealing with these inhibited souls who have been locked up in themselves. There are certain leading questions which may help to split or melt the shell of reserve they have built around their interior life, questions which may set them thinking that the occasion may mean more than the telling of their sins and that there might be some benefit in revealing their state of soul to the gaze of a skilled and sympathetic director. "Are you satisfied with your progress after so many years .of religious life? Do you realize practically what your vocation de-mands of you? Have you been disappointed with religious life? Could you describe your way of prayer? Have you noticed a change in your prayer since the noviceship? What do you think is the strongest attraction which God exercises on you? Are you satisfied with living the daily routine superficially without much advertance to the general purpose of your religious life, which is perfection? Do you realize that perfection consists in charity? What is your idea of being a saint?" Questions like these will often come with a kind of revelation to certain souls. These questions are perhaps a new approach to the spiritual life; they may show a fresh aspect of what had seemed dull and uninteresting. They will often loose tongues which have been atrophied and open up interiors that will benefit greatly by light and air. We may take it that every religious is interested in his spiritual life, that he is prepared to talk about it if he knows how to do so and if he sees that another is taking an interest in him and is prepared to help him. This power of unlocking consciences is a part of the endowment of the director. It will, of course, be possessed in unequal measure; but every priest who gives the Exercises should try to cultivate it. There is another aspect of this attention to direction in a retreat which is worth emphasizing. The obvious handicap which the giver of the Exercises has to start with is the fact that they 165 HUGH KELLY Review [or Religio~8 are well known to his hearers. Most of these have made the Exer-cises before, perhaps many times. The foundation, sin, the kingdom, the standards -- they have been over that road before and know every step of it well. The strategic value of surprise, so sought after in warfare, must necessarily be sacrificed; there can be no surprise -- substantially -- in the Exercises. One who gives a retreat not based on the Exercises is free from this disadvantage. His hearers live in an atmosphere of expectancy. They troop to every new lecture as travelers to a mystery tour. Such a retreat may well be a series of unexpectancies and even surprises. The director of the Exercises, who has to forego this strategic pedagogic advantage, must try to compensate some other way. What he loses on the swings he must make up on the roundabouts. He will, of course, try to give what freshness he can to his meditations; but it is the Exercises he is giving, and for all his ingenuity most of what he says will be well known to his hearers. But he has another resource in his difficulty; a resource that may well make the retreat something really personal and appealing. He must remember that he is a director. He must try to bring the Exercises home to the needs of the individual soul. He must see to it that the retreat is not merely a set of entertaining instructions; but that the exercitant cooperates with the light and grace that are offered. This is the work of direction which, if skilfully per-formed, can more than make up for the familiarity of the matter. The truest benefit and even interest of a retreat will not come so much from the originality of the conferences as from the degree in which the truths have been assimilated and experienced. This statement is but a free translation of the well-known second Annotation of St. Ignatius which states a principle of the highest importance for prayer: "for it is not to know much, but it is to understand and savor the matter interiorly, that fills and satisfies the soul." This savor or taste of spiritual truths, this personal appreciation of the ways of God, does not come as a matter of course with the hearing of a discourse; it presupposes a distinctive personal effort. It will come from a sensitiveness of the exercitant, to which the action of the director will greatly ~ontribute. When it comes it is the true measure of the value of the retreat. It has made new and fresh some truths which were thought to be old and worn. The truths which St. Ignatius strung together in the pattern which constitutes the Spiritual Exercises and which had such an astounding effect on men like Xavier and Faber and Canisius 166 May, 1960 DIRECTOR OF THE RETREAT were not new truths; they belonged to the general Christian tradi-tion. The originality of St. Ignatius is that by means of the pattern and system he has given to these truths he can communicate to others something of the force and power that he himself got from them. His presentation of these truths presupposes the cooperation of the director. A person might read the book without feeling any particular enlightenment or enflaming of soul. The Exercises, if they are to produce their effect, must be given, administered; delivered, not merely read or heard. If that cooperation which St. Ignatius and tradition assigned to the director ceases to be forthcoming, then the Spiritual Exercises will lose one of the chief conditions of their efficacy. Without the work of the discernment of spirits in which the director has a necessary role, the Exercises are nothing, says P~re Laplace. "They will perhaps furnish an occasion for prayer in silence, for learning how to examine one's conscience and make a good confession. These advantages are not to be despised, but it is not necessary to go ~o St.~ Ignatius to get them.''~ The Exercises promise a greater, rarer spiritual benefit, but on condition that they are made in their true conditions. 80p. cir., p. 48. 167 Survey of Roman Documents R. F. Smith, S.J. THIS ARTICLE will give a survey of the documents which appeared in the December, 1959, issues of Acta Apostolicae Sedis (AAS). All page references throughout the survey will be to the 1959 AAS (v. 51). Encyclical on the Missions Under the date of November 28, 1959 (pp. 833-64), John XXIII issued the encyclical Princepspastorum. The new encyllcalwas occasioned by the fortieth anniversary of Pope Benedict XV's apostolic epistle on the missions, Maximum illud; to a large extent the encyclical of the present Pope is a reiteration and confirmation of the mission principles laid down in Benedict XV's document. The first principal division of the encycEcal is concerned with the need of a native hierarchy and clergy in mission lands. John XXIII recalled with gratitude the great increase in native clergy since the publication of Maximum illud. The Pope noted that the first Asian bishop was consecrated in 1923 and that Vicars Apostolic were taken from the native African clergy in 1939. Up to the year 1959, 68 Asian bishops had been consecrated and 25 African bishops. Statistics re-garding native clergy are even more impressive. In 1918 there were 919 native priests in Asia; by 1957 that number had increased to 5,553. In the same year, 1918, Africa had 90 native priests, while by 1957 their number had increased to 1,811. John XXIII then went on to urge the present members of the native hierarchy and clergy in mission lands to exercise their priesthood faithfully. He exhorted them to preach to their people about the dignity and greatness of the priesthood and to urge them to pray the Lord of the harvest to send more laborers into the field. The Vicar of Christ also noted that missionary lands stRl need the help of priests from other countries; such priests are not to be regarded as strangers, because every priest finds his fatherland wherever the kingdom of God is beginning or flourishing. The second principal part of the encylical emphasizes the necessity of a thorough training for the native clergy of missionary lands. This training, the Pope insisted, must first of all provide for the sanctity of the native clergy, for it is chiefly by sanctity that a priest becomes the light of the world and the salt of the earth. After sanctity, the most important thing is a solid and complete intellectual training of the native clergy. In this connection the Pope noted that the seminary training should not take place in localities too distant from the society of other 168 I~OMAN DOCUMENTS men, for the native clergy must be led to understand their people and should be trained to take over their leadership. The seminary training of the native clergy should give adequate time to the study of missiology, according to the wishes and directives of Benedict XV and the following pontiffs. The native clergy should be encouraged to baptize the native culture; like Matthew Ricci, they should be so educated in an under-standing and appreciation of the native culture that they will attract their countrymen to the truth of Christianity. The native clergy should be trained to use all means of mOderu communication for the spread of Christianity, and they should be given studies of social matters so that they will be equipped to establish a Christian social order in their countries. In concluding this part of the encyclical, John XXIII warned the native clergy that like all priests their first love must be for the whole world and not for their own country; otherwise they will be tempted to love their earthly fatherland more than their heavenly one. The third part of the encyclical is concerned with the native laity of missionary countries. It is not sufficient, the Holy Father emphasized, to convert and baptize large numbers of persons; they must also be trained to work for the present and future increase of the Church. The number of Christians, he said, is insignificant if their quality is low and if they do not bear fruit. Christian education must show the laity the greatness and grandeur of their faith so that they will be inspired to the practice of virtue and of the apostolate. A true Christian must realize that his first and fundamental duty is to be a witness to the truth that he believes and to the grace which has transformed him. It is in the light of this, remarked the Pope, that one must understand the words of St. John Chrysostom: "No one would be a pagan, if we were worthy Christians" (Tenth Homily on i Timothy, Migne PG, v. 62, col. 551). This testimony of the laity, the Pope added, must be given not only by individual Christians but also by the Christian community as such. This will be done especially by a manifestation of that Christian charity which surpasses all distinctions between nations and languages and embraces all men, whether friend or enemy. The fourth principal part of the encyclical considers the training of the laity in the apostolate. This training, the Pope said, should begin from the earliest moments with special emphasis on it at times like the occasion of the administration of the sacrament of confirmation. The Pope praised the work of lay catechists, saying that their work is perhaps the most important apostolate exercised by laymen. He also called for the establishment of Catholic Action on the missions, but warned that it must be adapted to the conditions and necessities of each country. He also noted that Catholic Action does not exclude the possiblity that laymen themselves have varying degrees of direction and administration in it; indeed members of the laity who show signs of leadership should be educated for such direction and administration. The laity must be taught that the influence of Christian doctrine must be manifested in 169 R. F. SMITH Review for Religious the area of public questions, especially those concerning schools, as-sistance to the poorer classes, and the administration of public affairs. The Pope also called for the formation of lay groups in missionary countries to study doctrinal, social, and apostolic matters. In con-cluding this section of the encyclical the Pope urged laymen of the entire Christian world to give serious consideration to means and methods of helping their fellow laymen of missionary countries who have just been converted; and he exhorted bishops to give adequate care to laymen from the missions who may be studying in their dioceses. In the fifth and concluding part of the encyclical, the Holy Father asked the entire Christian world to continue and to increase their aid to the missions. He also urged bishops to allow priests who have a vocation to the missions to follow their desire, even when there is a scarcity of priests in the diocese. In the same way bishops should be ready to let outstanding laymen of their dioceses go to the missions. The final paragraphs of the encyclical are devoted to encouraging missionaries in those countries which are presently persecuting the Church. Allocutions and Messages On November 22, 1959 (pp. 903-7), the Holy Father addressed a gathering of Italian seminarians. In the course of his speech to them the Pontiff offered them a three-point program of life. As future priests they must be characterized first of all by purity of heart. This, he said, has an attractiveness that is irresistible for souls. This purity ofheart, he continued, is the atmosphere in which every serious vocation lives. It is an indispensable conditon for a disinterested service of one's neighbor; .it prepares the incomparable joy of long periods of prayer at the foot of the tabernacle; and it adorns the priest with the attrac-tiveness of Christ Himself. The second need for the priest, the Pope continued, is strength of character. The priest, he pointed out, requires a steellike quality of character and will, for he must engage in a con-tinuous struggle against his passions and his egoism. Future priests must be able to resist the attractions and seductions of the world, and they must be masters of themselves in every situation. Finally, the Pope said, the last mark of a priest must be the ardor of his charity. Charity, he noted, is the fulfillment of the law; hence it is necessary for the faithful fulfillment of one's daily duties, whether these be large or small Charity sustains a priest's obedience to his bishop and makes him Serve his diocese without thought of earthly and human returns. It is also this charity, he told his audience, that will keep a seminarian from giving way in the face of the difficulties he finds in his life of prayer and study. On November 18, 1959 (pp. 867-70), John XXIII add~ressed a gathering of ecclesiastical censors of books. He told them that their work was directed to the discovery of genuinely human and Christian 170 May, 1960' I~OMAN DOCUMENTS values and to the rejection of error and the danger of error. Accordingly their work is a real .pastoral: occupation, participating in the solicitude of the Church to guide and instruct her children in truth. The Pontiff told his listeners, that they must possess a sane realism as well as an apostolic sense and told them to avoid an intransigent severity which scourges but does not encourage. Finally he'suggested to them that their motto in their work should be the ancient phrase: Unity in necessary things; liberty in uncertain things; charity in everything. On NoVember 29, 1959 (pp. 909-11), the Vicar of Christ radioed a message~ to the First National Congress of Cuba and the General As-sembly of the Catholic Apostolate. He told his listeners (who had just received Communion in a body) that since they had just taken the Bread which is Christ, they must have but one heart and one soul, being conscious of themselves as the sons of the one Father. The face of the earth, he continued, would be changed if true charity reigned in the hearts of men. Hatred, he added, brings only the bitter fruits of death, while love establishes social peace. On November 10, 1959 (pp. 865-67), the Pontiff addressed members of the Food and Agriculture Organization. He told his listeners that they were engaged in a true work of mercy, for their purpose is to assist the most unfortunate of human beings -- those who are hungry. He also told them that theexistence of their organization is one of the great signs of the awakening of social consciousness and responsibility in the modem world. The Pope concluded his allocution by praising the combination of realism 'and optimism that marks the work of the organization. On December 6, 1959 (pp.' 908-9), the Pope gave a short address to President Eisenhower, then visiting the Vatican. Miscellaneous Documents Under the date of May 29, 1959 (pp. 871-74), the Sacred Congrega-tion of Rites approved the introduction of the cause of the Servant of God, Guido Maria Conforti (1865-1931), archbishop-bishop of Parma, founder of the Pious Society of St. Francis Xavier for Foreign Missions. By a decree of the Sacred Congregation of the Council issued on Decem-ber 3, 1959 (p. 918), the privilege was granted to all Catholics to change the fast and abstinence of December 24 to December 23. On November 23, 1959 (p. 921), the Sacred Apostolic Penitentiary announced that a partial indulgence of three hundred days could be gained once on the wedding day only (cf. 1960 AAS, v. 52, p. 62) by married couples who with contrite heart kiss the marriage ring 6f the wife and say the follow-ing prayer or one similar to it: Grant, O Lord, that loving You we may love each other and that we may live in accordance with Your holy law. On August 8, 1959 (pp. 915-18), the Sacred Consistorial Congrega-tion published the list of faculties and privileges which have been granted to the Church in Latin America and in the Philippine Islands. 171 VIEWS, NEWS, PREVIEWS Review for Religious The privileges and faculties listed in the document will be in force until December 31, 1969. On November 17, 1959 (p. 920), the Sacred Congregation of Seminaries and Studies declared that a university entrusted to the diocesan clergy or to a religious family depends on the same congregation, even if the university has not been granted canonical erection. Finally the Secretary of State issued on November 16, 1959 (pp. 875-76), the statutes which are to regulate the activity of the newly founded Vatican Film Library. The purpose of the library will be to collect movies and television films concerning the following topics: the Pope, his representatives, and the Roman Curia; apostolic and charitable activity in the Church and cultural works promoted b~ Catholics; the religious life of the world; all works of high artistic and human quality. Views, News, Previews Correction: Missionary Servants AN,V, EieDwIsT, ONRewIAs,L P EreRviReOwRs, ,p iang teh 2e 8J,a oncucaarsyi oisnseude t hoef tfhoell oRw~i.nvgx ~in.w- , formative letter from Fathe~ David O'Connor, M.S.SS.T.: "Surprise and laughter, mixed with a little downright masculine indignation, was the response to our Congregation being referred to as the Missionary Sisters of the Most Holy Trinity! Actually, our oi~cial title is Missionary Servants of the Most Holy Trinity (M.S.SS.T.). We have 230 priests and brothers engaged in missionary works and activities in fourteen states (mostly in the Southern dioceses), the District of Columbh and Puerto Rico. Our motherhouse is now in Silver Spring, Maryland. Our sisters community, Missionary Servants of the Most Blessed Trinity (M.S.B.T.), has its motherhouse in Philadelphia, Pennsylvania. Over five hundred sisters labor in missionary, hospital and charity work throughout the United States, Puerto Rico and Cuba. They have a modern, distinct habit without the customary veil. The sisters have charge of the charity bureaus in many dioceses and arch-dioceses in the eastern section of our country. It was never the inten-tion of the founder, Father Thomas A. Judge, C.M., to establish two religious congregations. His interest and attention were given to foster~g the lay apostolate among souls who wished to dedicate themselves to this type of work for the Church. When some of these began to live a community type of life, they asked him to petition the proper ec-clesiastical authority to erect them as a religious community. Along with his two religious communities, the lay apostolate group in our Missionary Cenacle family continues to grow and expand. There are well over 1,500 members active in many sections of the country." 172 May, 1960 VIEWS, NEWS, PREVIEWS Summer Institutes and Courses Catholic University of America: The Mari~logy Program will be offered for the fourth time in the 1960 summer session. Registration dates are Jtme 22 to 25; classes begin June 27 and end with examinations, August 4 and 5. Courses are open to both undergraduates and graduates, with credits applicable towards degrees inthe field of religious education. A certificate is awarded those who complete a full two-summer program in the theology of our Blessed Lady. The lectures are under the direction of the Reverend Eamon R. Carroll, O.Carm, assistant professor of sacred theology at Catholic University and past president of the Mariological Society of America. Scheduled for 1960 are: "Advanced Mariology" (two credits) covering privileges of the Virgin Mary such as freedom from inherited and personal sin, fullness of grace, assumption, queenship, and the current question of the Mary-Church relationship; and "Marian Doctrine of Recent Popes" (two credits) covering analysis of papal statements of the past century, such as the Ineffabilis Deus of Plus IX, on the Immaculate Conception, the major rosary encyclicals of Leo XIII, the Ad diem illum of St. Pius X on spiritual motherhpod, the LUX veritatis of Plus XI on divine maternity, the Munificentissimus Deus of Pius XII on the assumption, and the Grata .recordatio of John XXIII on the rosary. A folder with full informatioK is available from the Registrar, The Catholic University of America, Washington 17, D.C. Dominican College, San Rafael, California: Registration for the summer session will take place on June 25 and 26. The session will close on August 3. An extensive undergraduate program leads to the Bachelor of Arts degree. The degree of Master of Arts may be gained in the fields of education,_ English, biochemistry, history, and religion. The graduate program in theology is under the direction of the Domin-ican Fathers of the Holy Name Province. The classes are open to grad-uate students who wish to benefit from them as well as to those who are taking the full program. For the summer of 1960, Father P. K. Meagher, O.P., S.T.M., will give a course in the Epistles of St. Paul; Father J. P. Kelly, D.P., S.T.M., courses in liturgy and ascetical theology; Father John Fearon, O.P., S.T.L., a course in canon law. Four courses will be available for those interested in the Confraternity of Christian Doctrine. Workshops are planned in drama, children's literature, music, and physical education. Religious who wish an M. A. degree from the Catholic University of America may take courses and satisfy all requirements at the Pacific Coast Branch on the Dominican College campus. Three large dormitories are available for sisters, and a new dining room for sisters, priests, and brothers. For the summer session announcement, write to Sister M. Richard, O.P., Dominican College, San Rafael, California. For~lham University: The Tenth Annual Institute on Religious and Sacerdotal Vocations will be held on the campus of Fordham University 173 VIEWS, NEWS, PREVIEWS Review for Religious on Wednesday, July 13, and Thursday, July 14. Priests, religious, and the laity interested in stimulating, encouraging, and promoting voca-tions to the priesthood or religious life are invited to be present. The Fifth Annual Workshop for the Mistresses of Novices, Postulants, and Junior Professed will be held from Monday, July 18, until Friday, July 22, inclusive. The lecturers will be the Reverend Martin J. Neylon, S.J., Novice Master, St. Andrew-on-Hudson, Poughkeepsie, New York; Reverend Edmund J. Hogan, S.J., Chairman of the Department of Theology, Fairfield University, Fairfield, Connecticut; Reverend Joseph G. Keegan, S.J., Department of Psychology, Fordham Uni-versity. The topics to be discussed will be: The Adjustment of the Novice, Prayer, Emotional Maturity in Religious. The Fourth Annual Workshop for Local Superiors will be held from Monday, July 25, until Friday, July 29, inclusive. The lecturers will be Reverend Edmund J. Hogan, S.J., Reverend Joseph G. Keegan, S.J, and Reverend John F. Gilson, S.J., Vice-Chairman, Division of Educational Psychology, Measurements, and Guidance, School of Education, Fordham Uni-versity. The topics to be discussed will be: Prayer, Emotional Maturity, The Spiritual Ideal of the Local Superior. Address all communications to: Reverend John F. Gilson, S.J., Director of Institutes and Workshops, Fordham University, New York 7, New York. Gonzaga University, Spokane, Washington: The summer session for 196o will include three two-week institutes for sisters: "Writings of St. John of the Cross" conducted by Fathers Louis Haven, S.J., and Michael McHugh, S.J., from June 20 to July 1; "Understanding Human Nature," by Fathers Van Christoph, S.J,, and John Evoy, S.J., from July 5 to July 15; "The Last Things," by Fathers Joseph Conwell, S.J., Leo Robinson, S.J., and Vincent Beuzer, S:J., from July 18 to July 29. There will also be a two-week institute for priests from July 18 to 29 in the mornings, on psychological guidance, conducted by Fathers John Evoy, S.J., and Van Christoph, S.J. 'For information about the second year of the Master of Arts program in Sacred Theology (five summer cycle) write to the Reverend Joseph Conwell, S.J., Chairman, Gonzaga University, East 502 Boone Avenue, Spokane 2, Washington. Immaculate Conception Seminary, Conception, Missouri: A pastoral institute will be held this summer for priests and clerics in major orders, both diocesan and religious. The full coursewill'run for eight weeks, June 19 to August 14; however, any number of two-week periods may be attended. The institute is designed to furnish instruction beyond the regular four-year course in theology. For the religious who attend, the days of class may count toward the days of formal instruction required by the apostolic constitution Sedes sapientiae and the annexed Statuta generalia. For information on the institute write to: Director of the Pastoral Institute, Conception Seminary, Conception, Missouri. 174 May, 1960 QUESTIONS AND ANSWERS Saint Joseph's College, Rensselaer Indiana: An Institute of Liturgical Music, largely modeled after,the Corso Ordinario of Gregorian Chant of the Pontifical Instittite 6f Sacred Music in Rome~, has been initiated. The institute will be held every summer; this year, from June 20 to July 30. The program is open to priests, brothers, sisters, seminarians, lay men' and lay'women. It will offer a comprehedsive program of theory, chant, polyphony~ organ, and so forth, leading to the Bachelor of Arts d'~gree in Liturgical" Music for those students Who have a bachelor's degree from a recognized college or university, or to a Certificate in Liturgical Music for tho~e who do not have a bachelor's degree. All courses in chant and polyphony will be taught by instructors who have been schooled in the Pontifical Institute of Sacred Music in Rome. The faculty Will include Fathe~ Lawrence Heiman, C.PP.S., of St. Joseph's College and chah~nan of the Institute;, Father Eugene Lin-dusky, O.S.C,, of Crosier Seminary, Onamia, .Minnesota; and Mr. Noel Goemanne, choir director and organist'at St. Rita's Church, Detroit, Michigan. Fathers Heiman and Lindusky hold degrees from the Pon-tifical Institute in Rome, Mr. Goemanne, a former student of Flor Peeters, holds a Laureate from Lemmens Institute in Mechelen, Bel-gium. Further',Inform~tion may be obtained by writing to Father Lawrence Heiman, C.PP.S., St. Joseph's College, Rensselaer, Indiana. ( uestions and Answers [The following answers a~e given by Father Joseph F. (~allen, S. J., professor of canon law at Woodstock College, Woodstock, Maryland.I The following questions and ariswers are a continuation of the series on local houses and local superiors which was begun in the March, 1960, issue of the RsvI~.w. 15. We are a clerical exempt order. We have a parish, high school, and'college under the one religious superior. Therefore, there is only one canonically erected house and only one moral person. What permissions do we need to transfer the college classrooms to a location two miles distant from the present location but within the same diocese? Must we have a further permission later when the college faculty begins to reside at the new location while re-maining, however, under the authority of one and the same local superior as at present? This is a question of a separated establishment (c. 497, § 3). Sep-arated establishments, whether built or opened, that is, to be constructed or used as such in a building already constructed, demand for validity the special written permission, of the ordinary of the place of the estab-lishment. For validity, the permission must be in writing; and the argument is the same as that given in Question 11. This permission 175 QUESTIONS AND ANSWERS Review for Religious of the ordinary is sufficient for any institute, even if exempt (cf. Question 13). The permission is special in the sense that it must be distinct from that given for the canonically erected house to which the establishment is attached. These establishments may be for any purpose whatever, for example, all types of schools; hospitals; clinics; orphanages; homes for the aged, the poor, or delinquents; recreation centers; places for the education of candidates for the institute, and so forth. Their two distinctive notes are that they are separated from and are part of the canonically erected houses to which they are attached. If they are not separated, for example, to be located on the same grounds, no permission of the local ordinary is necessary, unless such a work was excluded in the permission for the religious house. Separation was defined in Ques-tion 2. If they are to be canonically erected houses, all the formalities described above in Questions 11-13 are necessary. All strictly filial houses obviously come under the. present heading, since they are merely separated establishments in which the religious reside. Authors frequently presume that all such establishments are filial houses, that is, that the religious reside in them. This is not always true, for example, as in the present question, religious have begun colleges at a distance from their house without residing in the college for a considerable period after its opening. No added permission would be necessary to begin residence in such a case, since this is not a formal external change in the establishment nor in itself anything that demands an immediate change of the establishment into a canonically erected house. If a small school is opened by a parish or diocese and sisters residing in another house are engaged simply to teach in it, the special permission of canon 497 is not required, because the institute itself did not build or open this establishment. The special permission will be necessary if and when the sisters are to reside in the small house as a filial house. It is more probable that a separated establishment or filial house should be located at least within the same diocese as the canonically erected house of which it is part, since the canon demands a special written permission for either of these, that is, one distinct from that given for ,the canonically erected house, and thus appears to state that the same local ordinary is to give both permissions. Several' authors exclude a long distance between the canonically erected house and its dependencies. They argue that otherwise the dependence would be apparent rather than real and that the members of the filial house would not be able to exercise their rights in the canonically erected house (cf. Question 6). Neither of these arguments appears to be certain. The dependence of the filial house is less when the authority of the one in charge is delegated by a higher superior, as may be done and is the practice in centralized institutes. It is certainly the practice of religious institutes to locate especially filial houses at a distance and in other dioceses, and constitutions approved by the Holy See contain no general 176 May, 1960 QUESTIONS AND ANSWERS norm contrary to this practice. When a separated establishment or filial house is to be located in
This report synthesizes data from surveillance, behavioral surveys and published and unpublished research to better understand emerging patterns and trends in the HIV epidemic in Bangladesh. Taking stock of 20 years of experience with HIV in Bangladesh, this report summarizes what is known about the coverage and impact of HIV prevention services, including knowledge on risk and protective behaviors. The report is divided into nine chapters. Chapter one provides a brief introduction and an overview of the methodology used for this exercise. Chapter two discusses the risks and vulnerabilities of the high risk groups including female sex workers, injecting drug users, male who have sex with male, hijra and overlapping populations, while chapter three discusses the trend of the infection amongst partners of high risk groups. Bangladesh continues to report low condom use, which is analyzed and discussed in chapter four. Structural factors including macro level and intermediate level factors that affect HIV interventions in Bangladesh are addressed in chapter five. The national HIV response is discussed in chapter six. The report concludes with a discussion of the main findings, with recommendations for the future in chapter seven, and chapter eight and nine are annexes and references.
2008/2009 ; 1. Il mercato finanziario ed il risparmio costituiscono valori costituzionalmente significativi, data l'importanza che rivestono per il tessuto economico e finanziario di un Paese, tanto più in un'economia globalizzata, come quella contemporanea, sempre più caratterizzata da un processo di finanziarizzazione della ricchezza. L'assetto normativo e regolamentare, che deve presiedere al funzionamento del mercato ed alla gestione del risparmio, è storicamente caratterizzato dal tentativo di ricercare un equilibrio tra due opposte esigenze: da una parte, quella di evitare il rischio di un'ipertrofia normativa e di un conseguente eccessivo soffocamento del mercato; dall'altra, quella di offrire ai risparmiatori un livello di protezione qualitativamente sufficiente per preservare la fiducia che gli stessi ripongono nell'integrità e nel corretto funzionamento del mercato stesso. Muovendo dalla consapevolezza che l'attività di intermediazione finanziaria deve essere promossa e valorizzata perché essenziale allo sviluppo di una moderna economia di mercato ma che, per la sua intrinseca fragilità e connaturata rischiosità, non può essere integralmente lasciata alla mercé delle dinamiche di quest'ultimo, necessitando invece di un intervento di eteroregolamentazione finalizzato alla protezione di interessi individuali e collettivi previamente selezionati. 2. A partire dagli anni novanta l'ordinamento dei mercati finanziari è stato interessato dal succedersi di vari interventi normativi, da ultimo quelli operati con le leggi n. 62 e n. 262 del 2005. Nel complesso, si è trattato di una produzione normativa tumultuosa e disorganica, sovente emanata sull'onda dell'emergenza per reagire ai ripetuti fenomeni di "abuso del risparmio e dei risparmiatori" che hanno duramente colpito la finanza italiana ed internazionale nell'ultimo decennio (si pensi, solo per citarne alcune, alle vicende Enron, Cirio, Parmalat, Giacomelli, Lehman Brothers ecc.). In questo frenetico ed estemporaneo procedere normativo, un ruolo di primo piano è stato svolto dal diritto penale, per la tendenza, ormai radicata, del legislatore nazionale di affidare la tutela del risparmio alla presunta forza deterrente della sanzione penale, spesso usata in chiave espressiva o simbolica, in una sorta di delega permanente conferita allo strumento penalistico a fungere da principale, se non spesso esclusivo, rimedio alla crisi del sistema finanziario ed ai fenomeni di dispersione della ricchezza. Si tratta, all'evidenza, di una visione miope e destinata all'insuccesso, prova ne siano i ripetuti tentativi di riforma occorsi nell'ultimo ventennio, dettati più dall'improvvisazione che da una logica di razionalità sistematica, tutti nel segno di un infittimento del corpo normativo e di una revisione al rialzo dei limiti edittali e tutti clamorosamente e prevedibilmente incapaci di impedire il verificarsi di casi di vero e proprio saccheggio e distruzione del risparmio gestito. La situazione è resa ancor più grave dal fatto che i tanti - troppi - fatti di dispersione della ricchezza dei risparmiatori non possono più essere considerati come scandali finanziari isolati, come semplici big apples, rappresentando, invece, l'espressione ed il risultato di una crisi di sistema che colpisce le fondamenta dell'ordinamento e della struttura finanziaria internazionale. Facendo apparire quanto mai illusoria l'idea di reagire affidandosi alle virtù salvifiche del mercato terapeuta di se stesso ed erronea la soluzione di continuare nel solco di un irrigidimento estemporaneo della normativa penalistica e della relativa cornice sanzionatoria, senza che ciò venga accompagnato da una diagnosi attenta ed analitica dei mali del sistema e da una ricognizione altrettanto puntuale dei rimedi da adottare. Quale, allora, la via d'uscita? 3. Quella di avviare, nell'immediato, un importante processo di riforma dell'ordinamento finanziario, facendolo precedere da una riflessione di fondo sul tipo di mercato finanziario che si intende prediligere: un mercato dove prevale, in termini assoluti e senza mediazioni, la necessità di una difesa del singolo risparmiatore, che si realizza garantendo un mercato contraddistinto da una tendenziale parità di condizioni tra gli investitori e da una tutela indistinta e piena delle funzioni di vigilanza, la quale verrebbe assicurata sanzionando le violazioni e le inosservanze a canoni positivi spesso solo formali od organizzatori? Oppure, un mercato inteso prioritariamente come luogo di libero scambio di informazioni e di capitali, che ha in sé e che vive e si nutre della speculazione, salvaguardandone nel contempo la fiducia, la trasparenza e l'integrità mediante la repressione di (e solo di) quei comportamenti di abuso che esauriscono il loro contenuto in una dimensione esclusivamente speculativa? L'attuale diritto del mercato finanziario risulta sostanzialmente conformato al primo dei due modelli sopra indicati: le regole sono spesso il frutto di interventi estemporanei e disorganici, dettate più dall'improvvisazione che da una logica di sistema, in ogni caso formalmente (ma con scarsa effettività pratica) finalizzate a reprimere - spesso stabilendo pene severe e con un uso frequente della strumentazione penalistica - quei comportamenti ritenuti lesivi della parità di condizioni tra gli investitori o di mera trasgressione a prescrizioni di natura prettamente formale ed organizzatoria. La realtà è dunque quella di un corpo normativo che, spesso in nome di un'eguaglianza fra gli investitori o di una simbolica ed eticheggiante difesa del risparmiatore, fa un uso massiccio della sanzione penale per reprimere comportamenti che, il più delle volte, si esauriscono in mere violazioni formali e di canoni organizzativi, esercitando una scarsa efficacia preventiva, com'è dimostrato dalla frequenza con cui si sono verificati, solo a guardare gli ultimi anni, scandali finanziari con gravi danni per i risparmiatori. E tutto questo viene realizzato avvalendosi (e piegando) il diritto penale ad un uso spesso simbolico, eticheggiante, puramente organizzatorio. 4. Si ritiene, invece, quanto mai necessario procedere verso un sistema normativo idoneo a perseguire il fine ultimo di ogni realtà giuridica posta a protezione del mercato finanziario: coniugare efficacemente l'esigenza che il Paese benefici di un mercato libero, non ingessato, capace di attrarre i capitali e gli investimenti a sostegno del circuito produttivo, con la necessità, altrettanto fondamentale, che di quel mercato venga garantito il buon funzionamento, la trasparenza dell'informazione che in esso circola e dunque, in ultima istanza, la fiducia dei risparmiatori. Allontanando ogni istanza egualitaristica ed accettando la speculazione come condizione di esistenza del mercato stesso. Inquadrato l'obiettivo - dovendosi ritenere ormai abbandonata l'idea del mercato quale esclusivo terapeuta di se stesso e presidio migliore della stabilità finanziaria - il suo conseguimento richiede un serio e ponderato processo di ristrutturazione delle regole del gioco poste a presidio del buon funzionamento e dell'integrità del mercato, muovendo lungo alcune direttrici di fondo. 5. Una prima linea guida è nel senso di un definitivo abbandono della strada dell'ipertrofia penalistica, lastricata di norme dalla scarsa effettività pratica e che spesso si esauriscono nel punire mere disfunzionalità organizzative, dando vita ad illeciti di pura disobbedienza in nome di un'idea di funzionalizzazione dell'attività d'impresa. Vi è, dunque, la contingente necessità di porre termine ad una stagione, durata oltre un ventennio, che ha visto la giustizia penale svolgere un ruolo di supplenza rispetto alle lacune dell'ordinamento societario, della giustizia civile, del modello di vigilanza sull'operato degli intermediari, alimentando sovente delle tensioni rispetto ai principi cardine del diritto penale - in primis quelli di frammentarietà, tassatività ed offensività. L'opera di rifacimento delle regole del gioco deve dunque tendere, anzitutto, a restituire al sistema penale degli intermediari finanziari i crismi dell'effettività dei precetti e della coerenza con i principi generali del diritto penale e, da ultimo, la capacità di concorrere efficacemente alla diffusione e al mantenimento di un nucleo condiviso e fondante di valori in materia di gestione del risparmio collettivo. Vanno dunque superati i tradizionali limiti che oggi affliggono il diritto penale del mercato finanziario: l'antisistematicità, vale a dire le disarmonie e le ingiustificate differenze di contenuto e sanzionatorie intercorrenti tra fattispecie relative a settori diversi del mercato finanziario, mediante la creazione di figure di reato omogenee e tendenzialmente comuni ai vari segmenti del risparmio gestito; la tensione con i principi di necessità e sussidiarietà della pena: la sanzione penale dovrebbe essere l'extrema ratio, l'ultima spiaggia cui ricorrere, mentre nel nostro Paese da tempo sembra che sia anche l'unica spiaggia su cui si gioca la difesa del risparmio e degli interessi ad esso strumentali; il basso livello di osservanza dei canoni di tassatività ed offensività, a causa della formulazione spesso vaga ed indefinita delle fattispecie incriminatrici, anche a causa di continui rinvii a qualificazioni extrapenali, e della tendenza ad arretrare la linea di tutela disancorandola da elementi di concreta lesività e costruendola più su finalità di promozione etica che su interessi giuridici aventi i crismi della materialità e dell'afferrabilità, propri dell'oggetto giuridico nella sua c.d. concezione realistica. Ciò che, però, condiziona a monte la riforma del sistema penale finanziario - e con essa la scelta di selezionare i comportamenti da reprimere penalmente – è l'interrogativo su quali siano o, meglio, dovrebbero essere gli interessi giuridici oggetto di tutela nel diritto penale finanziario. 5.1. Analizzando la fattispecie dell'insider trading, erroneamente considerata l'architrave portante del diritto penale degli intermediari finanziari, sono state esaminate le diverse correnti di pensiero che hanno trovato origine attorno al problema dell'individuazione degli interessi giuridici, meritevoli di tutela, nei quali si declina il bene o valore superiore e costituzionalmente rilevante del "risparmio": dall'istanza egualitaristica della parità conoscitiva tra gli investitori al dovere di riservatezza facente capo agli esponenti aziendali delle società emittenti; dalla tutela della trasparenza informativa all'opinione, oggi prevalente, che identifica l'interesse tutelato - forse in parte confondendolo con la ratio puniendi - riassumendolo nella formula nota, ma vaga ed indeterminata, del "buon funzionamento, dell'integrità e dell'efficienza del mercato". E' fuor di dubbio che l'eguaglianza informativa, la trasparenza, la liquidità, la stabilità degli intermediari, l'efficienza ed il buon funzionamento del mercato finanziario rappresentano valori ed ideali da perseguire e difendere, ma essi si sostanziano in obiettivi etico-moralistici ed in valori macroeconomici privi di quei requisiti di materialità, afferrabbilità, consolidamento, tali da poter essere fatti oggetto di un giudizio di meritevolezza e di necessità della pena e quindi assurgere al rango di effettivi beni giuridici di una fattispecie di reato. A patto, dunque, di non voler aderire alla tesi che qualifica la norma penale sull'i.t., al pari anche di altre norme del diritto penale finanziario, come "norme manifesto" - che stabiliscono divieti al solo fine di convincere il risparmiatore del fatto che il mercato è pulito e trasparente, assolvendo dunque ad una funzione di promozione etica del mercato, invero estranea al diritto penale -, non resta che ricercare aliunde il bene protetto da assurgere ad oggettività giuridica del sottosistema del diritto penale degli intermediari finanziari. 5.2. Un primo elemento su cui costruire le fondamenta di un valido percorso argomentativo è l'osservazione secondo cui il mercato finanziario, alla stessa stregua di altri interessi o valori di ampio respiro quali l'economia o il territorio o l'ambiente, non è oggetto di tutela ma oggetto di disciplina. L'affermazione sta a significare che il mercato finanziario è un luogo nel quale convergono interessi di varia natura, individuali e collettivi, tra loro talora convergenti, talaltra contrastanti: gli interessi delle imprese, dei piccoli risparmiatori, degli operatori od investitori professionali, ma anche l'interesse collettivo alla tutela del risparmio che rappresenta una risorsa indispensabile per lo sviluppo del Paese. La struttura funzionale del mercato, per definizione basata sullo scambio ed avente come sua componente ineliminabile il fattore "rischio" e la correlativa dimensione speculativa, non è in grado a priori di regolare la coesistenza, il bilanciamento o la prevalenza dei vari interessi che vi si rappresentano. Di qui, la necessità che il legislatore stabilisca delle regole volte a disciplinare il funzionamento del mercato sotto vari profili: accessibilità degli operatori ed intermediari, negoziabilità dei prodotti, organizzazione delle contrattazioni, circolazione dei flussi informativi ecc… Ecco, allora, che se il mercato è oggetto di una disciplina che ne regolamenta l'uso ed il funzionamento, dettando delle regole del gioco, il diritto penale del mercato finanziario altro non è che la sanzione della violazione delle "regole del gioco". 5.3. Il secondo passaggio del ragionamento, consequenziale al primo, consiste allora nel comprendere quali regole del gioco, tra le tante che compongono la disciplina positiva del mercato finanziario, possano o necessitano di essere presidiate anche da una sanzione penale e quali, invece, possano e debbano beneficiare solo di tutele extrapenali per l'impossibilità di rinvenire delle oggettività giuridiche ad esse sottostanti, meritevoli di ricevere una copertura penalistica. Risulta a questo punto evidente che l'unico criterio capace di fondare validamente una selezione di tal fatta è rappresentato dall'esistenza di un interesse giuridico meritevole di tutela penale, vale a dire di un bene che abbia un contenuto valoristico autonomo e che non si confonda nei valori generali ed etici più volti menzionati, né tanto meno nello scopo della norma, e che presenti quelle caratteristiche di afferrabilità e consolidamento sociale tali da poterne apprezzare la fondazione materiale. 5.4. Ad avviso di alcuni commentatori ed anche di chi scrive, l'interesse giuridico che qualifica (o che dovrebbe qualificare) l'intero settore del diritto penale degli intermediari finanziari, rappresentandone il vero fulcro normativo, è dato dalla relazione tra la tutela dell'interesse ad una corretta allocazione del risparmio e la tutela delle funzioni delle autorità di vigilanza. Più precisamente: la funzione di vigilanza e di controllo del mercato, svolta da varie autorità nei diversi segmenti ma concettualmente riconducibile ad unità, è l'elemento specializzante e coessenziale del diritto penale finanziario. Ciò posto, l'intervento di penalizzazione è legittimo solo laddove la tutela delle funzioni di vigilanza è strumentale all'osservanza di quelle regole del gioco poste a protezione delle esigenze nelle quali si estrinseca la tutela del risparmio e dei valori ad esso connessi e consequenziali: l'interesse privatistico del risparmiatore ad una corretta allocazione del risparmio e l'interesse pubblico alla stabilità e protezione del mercato finanziario da fattori esogeni di disturbo che ne possano compromettere la funzione di insostituibile fattore di produzione e sviluppo quali, ad esempio ed in primis, il riciclaggio di danaro di provenienza illecita. L'epicentro del diritto punitivo degli intermediari finanziari è pertanto rappresentato dalle funzioni di vigilanza e dalla tutela delle stesse. Vi è dunque una relazione strettissima tra le disfunzioni della vigilanza e l'instabilità del mercato, a conferma che la tutela del risparmio filtra e passa attraverso la tutela della vigilanza. Il risparmio, dunque, anche quando non viene direttamente ed immediatamente raggiunto dall'offesa racchiusa nel fatto incriminato, costituisce pur sempre la "fonte di legittimazione sostanziale" dell'avanzamento dell'intervento penale verso le "strutture" e le "funzioni" della vigilanza. La tutela del valore costituzionale del risparmio permette, dunque, al modello di anticipazione della tutela sul piano delle funzioni di vigilanza di superare indenne il giudizio di bilanciamento: posto a confronto con il risparmio, il principio di offensività deve cedere le posizioni necessarie per realizzare una tutela del primo che sia razionale ed efficace. Si ritiene pertanto non azzardato affermare che la tutela delle funzioni di vigilanza rappresenta o, meglio, dovrebbe rappresentare, l'oggetto giuridico dell'intero micro-sistema del diritto penale finanziario. Salvo poi far assumere alla stessa un sostrato materiale più concreto ed una più evidente afferrabilità sociale laddove essa è destinata ad operare, vuoi nella tutela dell'interesse privatistico alla corretta e conforme allocazione del risparmio, vuoi nella tutela dell'interesse pubblicistico alla difesa del mercato da fenomeni di criminalità organizzata o, comunque, da pratiche manipolatorie che ne distorcono i meccanismi di funzionamento. Un'impostazione, quella sopra esposta, estranea agli schemi del diritto penale classico, per cui l'oggetto giuridico è sempre identificato in beni socialmente riconosciuti e coincidenti con interessi individuali della persona. Si tratta, tuttavia, di un'opzione valida sotto il profilo sistematico ed assiologico, atteso che il diritto penale moderno è da tempo attraversato da un processo di smaterializzazione dell'oggetto giuridico e dalla contemporanea utilizzazione della strumentazione penalistica per la tutela della funzionalità dei meccanismi di intervento dello Stato e della pubblica amministrazione in diversi campi, per lo più in quelli condizionati dall'evoluzione tecnologica e degli assetti sociali e caratterizzati dalla presenza di interessi adespoti e collettivi: la salute, l'ambiente, senza dubbio l'economia, la finanza ed il risparmio. E' indubbio, da un lato, che la tutela (anche penale) delle funzioni di vigilanza è condizione indispensabile ed irrinunciabile per assicurare una protezione efficace del mercato finanziario e del risparmio e, dall'altro, che le tradizionali forme di tutela del patrimonio si rivelano, all'evidenza, insufficienti allo scopo. Ma, d'altro canto, è parimenti vero che non è accettabile quella fuga dalla concezione realistica del bene giuridico (e dalla sua insopprimibile funzione di limite al legislatore), che si è ormai sovente verificata ogni qualvolta sono state coniate delle figure di reato nelle quali si punisce la mera inosservanza di norme di organizzazione e non di fatti socialmente dannosi, scambiando gli oggetti di tutela penale con le rationes di tutela, il tutto in nome di esigenze di controllo efficientista del sistema. E' innegabile che il diritto penale svolge un ruolo di coesione e di credibilità dell'ordinamento giuridico nel suo complesso e che di esso si tende spesso a fare un uso c.d. "interventista" e "simbolico", caricandolo di un compito di profilassi della società e di una funzione di rassicurazione sull'efficienza e moralità del sistema normato. Questo è accaduto anche e soprattutto nel campo dei reati economici ed in materia di tutela del risparmio e del mercato. In sé, quella di assumere ad oggetto di tutela penale un'attività o funzione giuridicamente autorizzata - nella fattispecie la funzione di vigilanza - è una scelta necessitata, se si vuole assegnare una protezione efficace a beni di interesse collettivo, ma al tempo stesso compatibile con i canoni del diritto penale, a patto che si tratti di attività giuridicamente regolate dietro la cui lesione o messa in pericolo sia possibile cogliere ed afferrare la dimensione sociale e materiale dell'interesse tutelato e la concretizzazione dell'offesa ad esso arrecata. Declinando l'assunto, in tanto la tutela penale delle funzioni di vigilanza del mercato è compatibile con la concezione realistica del bene giuridico solo in quanto la sfera repressiva riguardi esclusivamente comportamenti che siano materialmente afferrabili e di cui si possa cogliere la dannosità sociale: ciò che, ad avviso di chi scrive, si verifica allorché la violazione delle regole del gioco si traduca in una situazione di danno o di pericolo per l'interesse del risparmiatore alla corretta allocazione del risparmio e per l'interesse pubblico alla protezione del mercato da fattori esterni di pregiudizio. In difetto di queste condizioni, l'intervento penale si espone al rischio di creare illeciti di pura trasgressione, di tutelare non vittime ma meri obiettivi di organizzazione od istanze socio-politiche di eticità ed efficienza del sistema, addivenendo, per questa strada, alla costruzione di un assetto normativo compatibile con una concezione c.d. metodologica del bene giuridico, vanificando così le garanzie formali e sostanziali proprie della concezione realistica ed affidando alla norma penale una funzione meramente sanzionatoria, destinata, non a punire comportamenti di danno o di pericolo, bensì a rafforzare, col deterrente penale, una disciplina preventiva e di organizzazione già strutturata dal diritto privato o dal diritto amministrativo. 5.5. Tanto premesso, occorre ritornare alla questione posta, osisa quella di identificare, alla luce dell'oggettività giuridica sopra configurata, quali "regole del gioco", facenti parte della disciplina del mercato finanziario, debbano essere presidiate da una sanzione penale. In questo senso può aiutare la suddivisione operata dal Padovani tra regole poste a garanzia della neutralità del mercato finanziario e regole poste a tutela della identità del medesimo: il primo gruppo di regole è costituito da presidi organizzativi e da tecniche operative volte a delimitare il perimetro del gioco, affinché il mercato si ponga come strumento neutrale rispetto a tutti gli attori interessati e determini, per questi, pari opportunità e condizione di partenza (si pensi alle regole che disciplinano l'accesso degli intermediari a certi ambiti di operatività, alle autorizzazioni alla prestazione di certi servizi o, ancora, alle norme che prescrivono limiti nella gestione degli investimenti, a quelle che sanzionano il mancato o non corretto invio delle segnalazioni di vigilanza ecc); il secondo gruppo di regole è funzionale ad assicurare l'identità del gioco stesso, ossia a garantire che questo non sia truccato, cioè a dire contaminato da forme e comportamenti di abuso che possono determinare un'indiscriminata ed ingiustificata distribuzione del rischio tra gli operatori (vi rientrano il comportamento penalmente sanzionato di chi manipola il mercato diffondendo notizie false su determinati strumenti finanziari, il fenomeno del riciclaggio nel mercato di danaro di provenienza illecita, per molti Autori anche la condotta di insider trading). L'opinione largamente dominante tra gli studiosi del diritto penale è quella per cui ambedue i gruppi di regole sopra menzionati meritano di essere assistiti da un presidio penale. Ciò, anzitutto, sotto il profilo della proporzione in quanto, se è pur vero che queste regole realizzano, per lo più, una tutela anticipata rispetto alla possibile produzione dell'evento lesivo, è anche vero che esse dispiegano la loro utilità proprio nel pervenire ad una neutralizzazione tempestiva dei possibili effetti dannosi e pregiudizievoli di una determinata condotta. Secondariamente, il giudizio di favor trova poi conferma anche sul fronte della sussidiarietà od extrema ratio, in considerazione della mancanza di valide alternative sanzionatorie, adducendo la necessità di una tutela preventiva e forte a difesa del buon funzionamento, dell'efficienza e dell'integrità del mercato, che solo il deterrente penalistico è in grado di offrire. 5.6. Si ritiene di discostarsi in parte dalla soluzione generalmente condivisa e di proporre una riforma del diritto penale finanziario che, muovendo da una ricostruzione dell'oggettività giuridica e recuperando una dimensione rafforzata dei canoni di proporzione, sussidiarietà e tassatività, pervenga ad un assetto regolamentare ispirato alle seguenti linee guida: - il ricorso alla sanzione penale solo come presidio alla violazione delle regole poste a tutela della c.d. identità del gioco, preferendo mezzi sanzionatori alternativi con riferimento all'inosservanza delle regole poste a tutela della c.d. neutralità del mercato; per queste ultime, infatti, la sanzione penale è sproporzionata e priva di una reale efficacia deterrente, venendo a configurarsi illeciti penali di stampo meramente organizzatorio, che si sostanziano in una tutela eccessivamente anticipata rispetto alla possibile lesione dell'interesse privatistico alla corretta allocazione del risparmio. E' indubbio che l'accertamento della violazione di queste regole dipende dal corretto e tempestivo esercizio dei poteri attribuiti agli organi di controllo e vigilanza, di tal guisa che, con la sanzione criminale, si vuole che anche la possibilità di accertamento risulti anticipata rispetto ad ogni eventuale futuro evento lesivo. Ma, così ragionando, si arriva a piegare lo strumento penale ad una funzione, per così dire, sostitutiva della tempestività dell'esercizio delle funzioni di vigilanza: altrimenti detta, si rafforza la (supposta) funzione specialpreventiva della pena per compensare le lacune ed i ritardi di un sistema di vigilanza sull'operato degli intermediari. Siffatto modus operandi si rivela, prima di tutto, inutile perché non perviene ad alcun risultato sul terreno della prevenzione, che richiede per contro di rivedere il modello di vigilanza prefigurando meccanismi di costante dialogo tra gli organismi di controllo e i soggetti vigilati, così da favorire una sorta di accompagnamento dei secondi ad opera dei primi, condizione indefettibile per garantire la neutralità del mercato finanziario rispetto agli interessi in gioco, Dall'altro, si dimostra in contrasto con i principi di offensività, proporzionalità e sussidiarietà, atteso che si tratta di fattispecie formali od organizzatorie rispetto alle quali non è dato rintracciare un oggetto giuridico consolidato ed afferrabile e che, in più, esprimono un grado di lesività tale da giustificare il ricorso alla meno severa e più duttile sanzione amministrativa. - l'introduzione di una nuova fattispecie di infedeltà patrimoniale, la cui mancanza nel vigente ordinamento è il riflesso di un evidente stato di contraddizione, incoerenza e lacunosità dell'attuale assetto del sistema penale finanziario, posto che oggi si sanzionano, con pene anche gravi, comportamenti che violano mere regole di organizzazione spesso prive di un'effettiva carica offensiva, oppure si promuovono crociate verso fenomeni la cui lesività è tutta da dimostrare (il riferimento è all'insider trading), nel mentre manca una fattispecie ad hoc idonea ad incriminare quella variegata e complessa serie di comportamenti con cui, sempre più diffusamente, gli emittenti o gli intermediari/gestori realizzano vere e proprie forme di abuso a danno dei risparmiatori. Si è detto che il nucleo centrale della tutela penale del mercato finanziario è rappresentato, oltre che dall'interesse pubblicistico di difendere il mercato da fenomeni criminali provenienti da fattori esterni, dall'interesse del singolo risparmiatore/investitore ad un'allocazione e gestione del proprio risparmio fedele al mandato fiduciario conferito, alle disposizioni di legge e ai principi di prudenza, stabilità ed integrità patrimoniale e buona fede. Non potendo applicare lo statuto penale della pubblica amministrazione alle banche, e tanto meno ad altri intermediari, non resterebbe che ricondurre quei comportamenti ai paradigmi della truffa ex art. 640 c.p. e dell'appropriazione indebita ex art. 646 c.p., con tutti i limiti che ne derivano, trattandosi di figure generaliste e spesso inadatte a dare copertura a fatti molto specifici e dal complesso tecnicismo. S'impone, a questo punto, la necessità, già espressa dal Pedrazzi, di introdurre nell'ordinamento la figura autonoma del reato di infedeltà patrimoniale, capace di reprimere, non solo quei comportamenti nei quali è evidente l'appropriazione di un vantaggio patrimoniale a danno di un terzo, ma anche quelle condotte caratterizzate da una connotazione in termini di rischio eccessivo od anomalo dell'operazione perfezionata, oltre i limiti del mandato fiduciario ovvero per gestione infedele o in conflitto di interessi. - la configurazione di una soluzione ad hoc per il fenomeno dell'insider trading che, nonostante si possa ascrivere al gruppo di regole poste a presidio della c.d. identità del mercato, si ritiene necessiti di essere depenalizzato in difetto di un solido fondamento socio-economico sottostante all'attuale divieto, prevedendo, per converso, l'adozione di presidi infrasocietari nell'ambito del rapporto privatistico insider/emittente. 6. Al di là delle divisioni che emergono dal dibattito sull'individuazione dell'interesse giuridico protetto dalla fattispecie di incriminazione dell'insider trading, si registra un generale favor per l'opzione penale, sostenendo che il rango dell'interesse da proteggere e la gravità dell'offesa giustificano l'impiego dello strumento penalistico alla luce dei due criteri che devono guidare la scelta della sanzione penale: la proporzionalità e la sussidiarietà. 6.1. Si ritiene di dissentire dall'opinione comune, prima di tutto per la mancanza del connotato della dannosità sociale del fenomeno, capisaldo del garantismo illuminista che esprime l'istanza per cui la legge penale deve punire solo quei comportamenti che effettivamente turbino le condizioni di una pacifica coesistenza e che siano avvertiti dalla collettività come generatori di danni ad interessi significativi e meritevoli di protezione. Anche se ad avviso dei più è dato registrare, oggi, un consenso sociale sulla repressione della pratica de qua, si ritiene quanto meno legittimo porre in dubbio che il fenomeno dell'insider trading sia davvero sentito come socialmente dannoso dalla generalità dei consociati. Basti porre mente al fatto che la diffusione della pratica dell'i.t. nei mercati finanziari non sembra avere affatto minato la fiducia degli investitori, se si guarda all'evoluzione che ha caratterizzato i mercati azionari nell'ultimo ventennio. Si è, invece, dell'opinione che la società avverta fortemente la necessità di colmare il vuoto di tutela che esiste avverso quelle forme di indebita sottrazione e sperpero della ricchezza risparmiata, poste in essere da intermediari ed operatori che agiscono secondo logiche poco trasparenti e permeate da situazioni di conflitto di interesse, mentre non appare per nulla diffusa nell'opinione pubblica la convinzione circa l'immoralità della pratica di insider trading, di cui spesso non si conosce neppure il significato. 6.2. Ritornando sulla vexata quaestio della ricerca del bene giuridico offeso dall'i.t., si è detto che l'opinione dominante fra gli interpreti, sostenuta dai Considerando del legislatore comunitario e dalle dichiarazioni di intenti di quello nazionale, è nel senso di qualificare l'insider trading alla stregua di un reato plurioffensivo, lesivo di interessi generali dell'economia quali la fiducia degli investitori, il buon funzionamento e l'efficienza del mercato, la trasparenza, la potenziale parità di condizioni tra gli investitori ecc… I commentatori si dividono dando prevalenza ora all'uno ora all'altro dei valori testé menzionati, ma le loro posizioni convergono nel ritenere che l'interesse da difendere non vada ricercato nella sfera privatistica della società emittente o del privato controparte dell'insider, quanto in un interesse generale e collettivo, adespota, riferibile alla regolarità del mercato mobiliare nel suo insieme, declinata talora in termini di efficienza, liquidità e buon funzionamento, talaltra in termini di parità di condizioni, ovvero ancora adducendo la lealtà e l'eticità delle contrattazioni e l'immagine di un mercato pulito e trasparente quale stimolo agli investimenti. La sussistenza di un interesse generale di ampia e significativa portata e di rilievo costituzionale, unitamente alla riconosciuta inefficacia delle sanzioni extrapenali, conduce dunque la maggioranza degli interpreti a ritenere che la scelta repressiva dell'i.t. è coerente con i canoni di proporzione e sussidiarietà: se in forza dell'art. 47 Cost., la Repubblica incoraggia il risparmio, l'insider trading lo scoraggia, frustrando l'aspettativa dei risparmiatori ad un comportamento leale e trasparente degli operatori. 6.3. La tesi sopra esposta, nonostante incontri il sostegno del pensiero dominante tra gli interpreti e della volontà della maggior parte dei legislatori europei e non, risulta per una serie di argomentazioni poco convincente ed in parte anche incoerente con il sistema. In primo luogo, occorre ricordare che il fondamento economico del divieto di i.t. è tutt'altro che dimostrato. L'analisi delle diverse scuole di pensiero, riportata nel capitolo che precede, rende alquanto evidente la mancanza di un chiaro fondamento politico e socio-economico del divieto o della liceità dell'insider trading. La legislazione penale sull'i.t. sembra quasi assumere un connotato di autoreferenzialità e di status symbol: punisce il fenomeno perché rappresenta una pratica costante e diffusa nei mercati finanziari, perché è sanzionata nella maggior parte dei paesi, perché così facendo il legislatore è messo nelle condizioni di reagire ai ripetuti scandali finanziari e lanciare un messaggio forte sulla pulizia e moralità del mercato, veicolate attraverso le etichette del buon funzionamento, della trasparenza e dell'efficienza del mercato stesso. Certo è che si tratta di espressioni generiche e tautologiche che non possono rappresentare la motivazione sociale ed economica della scelta punitiva. Un punto fermo dell'indagine è quello per cui l'informazione rappresenta una componente essenziale per l'efficienza del mercato: maggiore è la quantità e la qualità dell'informazione disponibile, più il mercato si caratterizza per una facile convertibilità dei titoli negoziati, e più le quotazioni di questi ultimi ne rapprentano il reale valore intrinseco, sicché il giudizio di ammissione o di riprovevolezza del comportamento dell'insider dipende dalla verifica se lo sfruttamento di notizie riservate contribuisce o meno all'efficienza del mercato, se accresce o pregiudica l'efficienza informativa del mercato. Sul punto non vi sono chiare evidenze scientifiche sul fatto che l'uso di informazioni riservate pregiudichi la trasparenza del mercato, impedendogli di perseguire l'efficienza informativa. Un secondo motivo di riflessione è che la scelta di reprimere il fenomeno dell'i.t. non può addivenire al risultato di ingessare il mercato privandolo del contributo essenziale dato, alla propria efficienza informativa, dall'attività di ricerca, studio ed analisi. Se, come si ritiene, si deve privilegiare una concezione del mercato come luogo la cui funzione principale è quella di elaborare e produrre informazioni che si riflettano sul meccanismo di determinazione dei prezzi per favorire, in ultima istanza, l'investimento del risparmio nel capitale delle imprese, ne consegue che va incoraggiato il lavoro degli analisti che producono e divulgano informazioni, anche consentendo loro di sfruttare economicamente dette informazioni perché altrimenti verrebbe a mancare lo stimolo alla ricerca, all'analisi ed alla diffusione delle stesse. L'attività di produzione, diffusione e sfruttamento delle informazioni va difesa ed incentivata rappresentando l'ossatura del mercato finanziario, che deve pertanto rifuggire da ogni mozione di livellamento informativo e di concorrenza perfetta tra gli investitori propria del market egualitarism, riconoscendo invece che la speculazione - intesa come ricerca di un profitto eccedente quello medio di mercato - è la caratteristica saliente ed ineliminabile di ogni sistema finanziario basato su un'economia di scambio. 6.4. Resta, sullo sfondo, l'unico possibile profilo di criticità che si ritiene possa anche esaurire un'eventuale ragione incriminatrice: è giusto riconoscere il diritto di sfruttare economicamente le price sensitive anche a coloro che non hanno contribuito alla loro produzione ed analisi, ma che ne sono venuti a conoscenza in modo occasionale ed estemporaneo, in virtù della carica societaria ricoperta all'interno della società emittente? La logica, prima che il diritto, ci porta ad affermare che il possessore di informazioni privilegiate ha il diritto di utilizzarle se, per ottenerle, ha sopportato un costo di produzione tanto da esserne divenuto proprietario (è il caso degli analisti finanziari), mentre i managers e gli altri insiders aziendali non possono considerarsi acquirenti dell'informazione essendone entrati in possesso in modo del tutto casuale ed in virtù della sola carica ricoperta. Di qui la conclusione per cui l'obiettivo di una regolamentazione anti insider trading (a livello non solo penale) deve essere il contenimento e il contrasto di quelle forme di speculazione abusiva originate dall'approfittamento di una situazione di superiorità informativa, che ricorrono nel solo caso in cui l'informazione riservata sia stata acquisita senza sostenere alcun costo e solo attraverso un collegamento privilegiato con la società emittente. Resta tuttavia l'interrogativo di fondo se lo strumento, per così dire di contenimento e di contrasto a pratiche di siffatta natura, debba essere rappresentato dalla sanzione penale. Il quesito merita una risposta negativa, per una ragione prima fra tutte: l'impiego della strumentazione penalistica deve escludersi ogni qual volta il divieto non presenti un chiaro ed evidente fondamento economico e faccia difetto l'esistenza di un determinato ed afferrabile oggetto giuridico. Non solo, infatti, il divieto di i.t. non è sorretto da una lucida motivazione economica, anche per la debole confutazione che si è fatta degli argomenti che sostengono gli effetti benefici dell'i.t. sul mercato, ma nella fattispecie incriminatrice non è dato neppure rintracciare un bene giuridico materialmente afferrabile e socialmente consolidato. Non è un caso che, nelle intenzioni del legislatore, il divieto di i.t. miri a sanzionare il comportamento ritenuto immorale di chi lo tiene (unfairness), allo scopo di rassicurare gli investitori sulla eticità e correttezza delle contrattazioni di borsa ed incoraggiarli così ad operare. Salvo poi chiamare in causa, nel tentativo di conferire un'oggettività giuridica ad una scelta incriminatrice decisa a priori prescindendo da essa e per obiettivi che attengono al piano dell'etica e della moralità, interessi generali connessi al buon funzionamento ed all'efficienza del mercato, alla sua trasparenza, alla parità di condizioni tra gli investitori che, pur rappresentando valori positivi da promuovere e da difendere, restano pur sempre obiettivi etico-moralistici privi di quei requisiti di materialità, afferrabbilità, consolidamento, tali da poter essere fatti oggetto di un giudizio di meritevolezza e di necessità della pena. 6.5. Ritornando all'impostazione concettuale da cui siamo partiti, si è detto, in chiave riformatrice, che la struttura del sistema penale degli intermediari finanziari dovrebbe essere rappresentata dalla tutela delle funzioni di vigilanza, limitando tuttavia il ricorso alla sanzione penale ai casi in cui detta tutela è prodromica a difendere, o l'interesse del risparmiatore ad una corretta allocazione delle risorse patrimoniali affidate in gestione, o l'interesse pubblico a proteggere il mercato finanziario da fattori esogeni di disturbo ed alterazione. Il fenomeno dell'i.t. non si pone in relazione di danno o di pericolo con nessuno dei due interessi succitati. Non con l'interesse pubblicistico atteso che, a differenza del riciclaggio e dell'aggiotaggio, dell'i.t. non è stata affatto provata la sua dannosità per il mercato, se non adducendo motivazioni di ordine etico e morale che tuttavia, quando rappresentano il solo fondamento del divieto, piegano il diritto penale ad una funzione simbolica, pedagogica ed eticheggiante, estranea alla cornice costituzionale dell'ordinamento. Tanto che la vigente norma penale di incriminazione dell'i.t. è stata qualificata da alcuni esponenti della dottrina come una "norma manifesto", che vieta perché deve convincere il risparmiatore del fatto che il mercato è pulito, trasparente, è un luogo in cui le contrattazioni avvengono lealmente. Si dirà di più. Con la riforma del 2005 il legislatore, se per un verso si è spinto fino a prevedere una sanzione draconiana per il fatto di i.t., per altro verso è pervenuto alla decisione di depenalizzare i fatti di i.t. compiuti dai c.d. insiders secondari. Ma se l'obiettivo di fondo è quello di difendere l'integrità, l'efficienza e il buon funzionamento del mercato finanziario e la fiducia dei risparmiatori, perché depenalizzare dei fatti comunque muniti - se ci si pone nell'ottica, non condivisa da chi scrive, del legislatore - di quelle potenzialità aggressive tali da meritare comunque una risposta sanzionatoria penale? La depenalizzazione di siffatta forma di insider trading (c.d. tippee e tuyautage trading) è infatti sufficiente ad ingenerare il dubbio su quale sia l'oggetto giuridico che il legislatore intende tutelare: va sempre ravvisato nella trasparenza, nell'efficienza e nel corretto funzionamento del mercato finanziario e nella fiducia degli investitori sull'integrità del medesimo (ma se così fosse, non si coglie il perché della non punibilità di chi, assunte informazioni privilegiate da soggetti qualificati, le diffonde e le usa a proprio profitto: condotta, questa, al pari delle altre, capace di pregiudicare il bene ultimo della trasparenza e integrità del mercato), oppure - più modestamente - la volontà legislativa è quella di punire chi è tenuto a doveri fiduciari di riservatezza per la posizione ed il ruolo qualificato rivestito all'interno (o nei confronti) della società emittente? Si ritiene meritevole di accoglimento la seconda ipotesi. La parziale abolitio criminis realizzata sul previgente art. 180 D.lgs. n. 58/1998 ha comportato un parziale mutamento dell'interesse tutelato dalla fattispecie in esame, perché, riducendo l'ambito di rilevanza penale della fattispecie - ossia abolendo l'ipotesi del c.d. tippee trading -, ha ridisegnato i contenuti dell'interesse tutelato, identificandolo più nella lesione di un interesse privatistico rappresentato dall'inosservanza di un dovere fiduciario tra l'insider e la società emittente, piuttosto che nella difesa di un interesse pubblicistico - in ogni caso a parere di chi scrive poco afferrabile - costituito dall'integrità dei mercati e dalla fiducia degli investitori, istituzionali e non. Ma se così è, ci sembra del tutto sproporzionato, oltre che in spregio al canone di sussidiarietà, il ricorso alla sanzione penale. 6.6. Del pari, non sembra condivisibile l'assunto secondo cui l'i.t. rappresenterebbe unaa minaccia per l'interesse del risparmiatore alla corretta allocazione dei propri investimenti, giustificando il ricorso alla sanzione penale in ragione della lesione che il fenomeno de quo arrecherebbe al patrimonio conoscitivo dell'investitore. Il mercato finanziario è senza dubbio un luogo giuridico che va regolamentato e dove l'informazione esercita un ruolo fondamentale. L'efficienza allocativa del mercato presuppone la sua efficienza informativa. Quest'ultima richiede che gli investitori possano poter contare sulla massima quantità possibile di informazioni, che queste vengano diffuse e fatte circolare nella maggiore quantità e con la maggiore tempestività possibili. Il mercato finanziario è profondamente influenzato dalle informazioni e dal sentiment sui più svariati temi macro e micro economici, relativi al sistema Paese come alla singola società emittente, capaci di incidere ed impattare sull'andamento borsistico di un determinato titolo. E questo perché l'investimento nel mercato finanziario è sostanzialmente speculazione e - per citare Keynes nella sua Teoria generale dell'occupazione, dell'interesse e della moneta - "la speculazione è la capacità di scoprire cosa l'opinione media ritiene che l'opinione media sia". I canali attraverso i quali l'informazione viene reperita, elaborata, creata, analizzata e poi diffusa, sono tanti e diversi, la loro efficacia è legata a così tante variabili - costi di investimento sostenuti per l'attività di ricerca e studio, capacità di analisi ecc. - che il configurarsi di situazioni di vantaggio o svantaggio informativo è condizione fisiologica propria del mercato e della sua dimensione speculativa e competitiva, tanto da rifiutare ogni logica propria della teoria del c.d. market egualitarism. Nel caso dell'insider trading, come detto, la sola nota di criticità che può legittimare un intervento sanzionatorio è data dall'ipotesi in cui il vantaggio informativo viene conseguito sfruttando, abusando della posizione fiduciaria rivestita in seno alla società emittente e, quindi, senza sostenere i costi correlati all'acquisizione o alla produzione dell'informazione. In tale ipotesi, l'asimmetria informativa non è il risultato dell'opera di ricerca di un analista, ma di una forma vera e propria di abuso funzionale ad una successiva speculazione, non compensata da un investimento iniziale. Appare pertanto corretta la distinzione tra informazioni ottenute sostenendo costi di investimento ed informazioni conseguite a costo zero in virtù di una rendita di posizione: le prime devono essere sottratte all'obbligo di disclosure; per le seconde è corretto stabilire un divieto di utilizzo perchè, se utilizzate e sfruttate, realizzerebbero una ripartizione dei costi economicamente inefficiente, favorendo lo speculatore, a discapito di chi l'informazione l'ha prodotta. Ora, se non si può non convenire sul fatto che le informazioni del secondo tipo non possano essere utilizzate e che dunque debbano essere eliminate o neutralizzate le asimmetrie informative che non sono espressione di un'attività di ricerca e di investimento, si è per contro scettici sull'utilità del ricorso alla sanzione penale per perseguire tale obiettivo. Un punto fermo del percorso logico-argomentativo che si intende sviluppare è il seguente: scevri dalle enunciazioni di principio a sfondo etico-moralistico, il solo ed unico schema economico cui poter ricondurre il divieto di i.t. è quello dell'asimmetria informativa e degli effetti che la stessa - nell'ipotesi in cui sia il risultato di una speculazione abusiva e non di un investimento - può produrre sul piano allocativo e distributivo delle risorse. Gli effetti distorsivi generabili da un dislivello informativo, frutto di una condotta di abuso di posizione, sono sostanzialmente due. Da una parte, quello che porta i risparmiatori/investitori a richiedere un rendimento più elevato a fronte di un rischio che aumenta oltre la normale alea dell'investimento, appunto in ragione della presenza di un fattore estraneo allo stesso rappresentato dall'esistenza di una superiorità informativa, dall'agire di operatori insider. Dall'altra, quello per cui la pratica di insider trading è un modo per estrarre benefici privati sfruttando informazioni di proprietà della società emittente, fenomeno tanto più negativamente impattante sull'immagine del mercato quanto più questo sia composto da società proprie di un capitalismo familiare con meccanismi di governance sbilanciati a favore degli azionisti di controllo. Di qui, la considerazione per cui troppo insider potrebbe nuocere al mercato ed il conseguente auspicio che il fenomeno venga regolato al fine di contenere o neutralizzare i due effetti negativi che ne possono derivare. Poiché entrambi i succitati effetti vedono come danneggiato finale la società emittente, la quale è la sola proprietaria delle informazioni price sensitive, ecco allora che la questione relativa alla regolamentazione dell'insider trading diventa una questione di regolamentare l'uso dei diritti di proprietà sull'informazione. L'assunto poggia su due presupposti meritevoli di adeguata verificazione. 6.7. Il primo è che l'informazione è un bene economico, idoneo ad essere sfruttato economicamente da chi ne è proprietario. Non possiamo certo trascurare l'antico ed ancora non sopito dibattito sulla natura giuridica del bene "informazione", in particolare se questa sia qualificabile come bene privato o come pubblico. Secondo una prima teoria, l'informazione è un bene pubblico che non può essere oggetto di proprietà privata, configurandosi come un bene indivisibile e non escludibile: l'indivisibilità sarebbe legata al fatto che ogni individuo può utilizzare l'informazione senza sostenere alcun costo aggiuntivo; la non escludibilità discederebbe dalla difficoltà di circoscrivere la cerchia dei soggetti che se ne possono appropriare, ovvero dalla difficoltà di apporre vincoli di riservatezza. Sul versante opposto si schierano quegli economisti che sostengono la divisibilità e l'escludibilità dell'informazione, ritenendo che l'accesso al bene può essere circoscritto e che, pertanto, è possibile appropriarsi a pagamento dei suoi vantaggi, acquisendone così la titolarità prima che l'informazione diventi pubblica. E' chiaro che il riconoscimento al bene informazione di una natura pubblica o privata si riflette sulla definizione dell'assetto regolamentare che ne deve disciplinare la produzione, l'uso e la divulgazione. Se aderissimo alla tesi liberista - per cui l'informazione è un bene che può essere fatto oggetto di proprietà privata -, addiverremo a respingere qualsivoglia intervento esterno di regolamentazione dei meccanismi di produzione e circolazione dei flussi informativi, che i sostenitori di questa tesi ritengono controproducenti perché aventi l'effetto di scoraggiare la produzione di nuove informazioni, riducendo in tal modo il contributo dell'informazione al miglioramento della capacità segnaletica dei prezzi. Se, per contro, riconoscessimo all'informazione la qualifica di bene pubblico, si dovrebbe ammettere un impianto regolamentare ispirato alla logica del market egualitarism, caratterizzato da obblighi di disclosure e dal divieto di insider trading in capo agli operatori. Una posizione intermedia è quella per cui l'informazione è un bene privato che, tuttavia, genera delle esternalità, degli effetti aventi ricadute su soggetti esterni e sul mercato in generale, assommando in sé - il riferimento è nello specifico all'informazione societaria - esigenze di riservatezza (proprie del soggetto proprietario che quelle informazioni ha creato e prodotto) ed obblighi di trasparenza verso il mercato a tutela della comunità di investitori. Di qui la necessità di predisporre un sistema di regole che possa contemperare questi due termini del contendere. Con il risultato, innanzitutto, di ammettere che chi crea e produce l'informazione risulti anche assegnatario esclusivo del diritto di sfruttarne economicamente il contenuto (un diritto che non può essere negato, pena l'inefficiente allocazione delle risorse ed il conseguente scoraggiamento dell'attività di analisi e ricerca, condicio sine qua non per un mercato finanziario efficiente e trasparente). Prevedendo, in secondo luogo, un sistema di tutele per il proprietario dell'informazione e per il mercato in generale, avverso quelle possibili esternalità negative derivanti da comportamenti di terzi che, abusando della posizione rivestita, facciano un uso scorretto dell'informazione price sensitive. 6.8. Quanto al secondo presupposto, si è sostenuto che i diritti di uso e sfruttamento delle informazioni devono essere assegnati a chi quelle informazioni le ha create attraverso un'attività di ricerca ed analisi ovvero, nel caso di informazioni già esistenti in seno alla società emittente, a questa stessa. Non si può d'altronde negare che gli effetti negativi dell'i.t., poco sopra delineati, vanno ad impattare proprio sulla società emittente in termini di deprezzamento del pricing del relativo titolo quotato, che, proprio perché sospettato di essere oggetto di operazioni insider, vedrà gli investitori disposti ad acquistarlo solo a fronte di un premio aggiuntivo (implicitamente espresso nella disponibilità ad acquistare a prezzi che scontino l'effetto insider). L'informazione, però, a differenza degli altri beni che vengono prodotti e consumati, viene scoperta, e quindi diffusa, tramite la trasmissione o divulgazione al mercato, la quale, tuttavia, se da un lato incrementa il livello informativo del mercato e dunque la sua efficienza, dall'altro riduce le opportunità di profitto per chi ha creato quell'informazione. In altri termini: la divulgazione del bene-informazione è, al tempo stesso, fattore di trasparenza ed efficienza allocativa del mercato e disincentivo alla produzione delle informazioni, perché riduce in capo a chi le ha prodotte la possibilità di estrarne profitto. Da questo tratto peculiare dell'informazione nasce una sorta di conflitto, di trade off tra produzione ed uso dell'informazione: la regolamentazione di questo trade off, si ritiene, debba rappresentare l'obiettivo esclusivo di una normativa anti-insider. Un obiettivo che si ritiene debba essere perseguito per mezzo di un sistema regolamentare fondato su alcuni punti chiave: i diritti di proprietà sul bene informazione devono essere assegnati alla società emittente ovvero a chi, sostenendo costi di investimento e di ricerca, ha creato e prodotto l'informazione; una ridefinizione della normativa sulla trasparenza societaria, che sappia più efficacemente coniugare l'esigenza dell'emittente di tutelare istanze di riservatezza e l'interesse del mercato alla divulgazione delle informazioni; obbligare le società emittenti a dotarsi al proprio interno di processi operativi finalizzati alla mappatura delle informazioni e alla disciplina sull'uso, sulla trasferibilità e sulla divulgazione delle medesime, acconsentendo che il diritto allo sfruttamento economico di esse venga trasferito esclusivamente a managers e dipendenti della società e non a soggetti terzi, perché questo impedirebbe di esercitare un controllo sull'uso del flusso informativo e sulla profittabilità dell'attività (autorizzata) di insider. Quanto, infine, all'aspetto repressivo, si ritiene che qualsivoglia forma di sfruttamento non autorizzato di informazioni societarie, ovvero con modalità difformi dal sistema adottato di compliance aziendale, dovrebbe esporre l'autore della violazione a sanzioni di tipo civilistico a tutela della società e dei suoi azionisti ma anche del mercato in generale, abbandonando in questo modo lo strumento penalistico. Si ritiene, a tale riguardo, che il diritto degli investitori ad operare in un mercato integro possa trovare adeguata ed efficiente tutela, non nella sanzione penale - per i limiti e le tensioni che la caratterizzano - , quanto piuttosto in rimedi privatistici esperibili nei confronti dell'insider dalla società emittente, tanto nell'interesse proprio e dei suoi azionisti (per il danno che il comportamento insider reca all'immagine della società e per l'impatto sull'andamento del titolo in termini di liquidità, pricing e percezione di una sua maggiore rischiosità), quanto anche nell'interesse del mercato e dei risparmiatori quale ente esponenziale che più rappresenta l'interesse diffuso alla stabilità del mercato, alla sua efficienza (intesa primariamente come remunerazione delle sole informazioni privilegiate ottenute sostenendo un costo di investimento e non per mero abuso di posizione) e al fairness (per la funzione di rassicurare gli investitori sulla trasparenza ed il buon funzionamento del mercato). Facendo peraltro coesistere sanzioni amministrative irrogabili dagli Organismi di vigilanza, sia nei confronti delle società emittenti e degli esponenti aziendali per inosservanza dei sistemi interni di compliance disciplinanti la produzione e l'uso delle informazioni sensibili, sia nei confronti degli autori di condotte di tipping e tuyautage. In conclusione, muovendo dall'assunto secondo cui lo scopo di una disciplina sull'insider trading deve essere identificato nella prevenzione e nel contrasto di quelle forme di abuso di situazioni di vantaggio informativo, e comprovata l'ineffettività e difformità costituzionale della via penale, non resta che accogliere la soluzione che impone, in primis, di revisionare i meccanismi societari di produzione, uso e divulgazione delle informazioni price sensitive, in nome di una maggiore trasparenza sulla titolarità del diritto di sfruttamento delle stesse e di una maggiore responsabilizzazione degli amministratori, agendo sul piano della corporate governance e sui programmi di compliance aziendale. In secundis, combinando un enforcement fatto di sanzioni e rimedi civilistici (nei termini meglio specificati nel prosieguo) esperibili dall'emittente nei confronti dei soggetti insiders, nonché di sanzioni amministrative irrogabili dagli Organismi di vigilanza contro l'emittente (per la mancata inosservanza dei programmi di compliance sull'uso delle informazioni societarie) e gli insiders societari e non, all'esito di un'attività di indagine e di controllo che si auspica possa essere rafforzata e resa più incisiva. Nella convinzione che la pratica di i.t. lede in modo diretto la società emittente deprezzandone il titolo e gli investitori che su quel titolo operano e che potrebbero risultare danneggiati dal dislivello informativo, di talché l'unico rimedio efficiente per il contenimento di siffatta pratica è quello di prevedere, a carico dell'insider autore della condotta di abuso, un costo aggiuntivo (dato ad es. ma non solo dalla restituzione del profitto conseguito sfruttando la notizia riservata) tale da rendere l'abuso, se scoperto, economicamente inutile o addirittura svantaggioso. Nella convinzione che la maggiore responsabilizzazione di chi riveste posizioni di vertice all'interno delle società emittenti, congiuntamente all'adozione di un sistema di autodisciplina che renda trasparente l'uso delle informazioni rilevanti e l'assegnazione dei vantaggi insiti nel loro sfruttamento, costituisca il maggior antidoto all'opacità ed all'inefficienza del mercato. 7. Occorre poi prendere contezza del fatto che qualsivoglia progetto di riforma dell'ordinamento finanziario e di revisione degli strumenti di tutela del risparmiatore che si intenderà mettere in cantiere, non porterà i risultati attesi, se non sarà accompagnato da quel plesso di riforme dei vari apparati tangenti e complementari all'organizzazione del mercato finanziario: la riforma dell'amministrazione della giustizia per assicurare, anche istituendo una magistratura specializzata, tempi rapidi nell'accertamento degli illeciti e nell'irrogazione delle sanzioni; nuove regole in materia di informazione societaria al fine di migliorare la trasparenza informativa; l'introduzione di sistemi di governance più chiari ed indipendenti, capaci di presidiare e risolvere le tante, troppe, situazioni di conflitto di interesse di cui oggi è intrisa la catena dell'intermediazione finanziaria e che rappresentano, ad un tempo, la molla dell'agire economico nel mercato capitalistico e la principale causa di disgregazione e polverizzazione di ricchezza; regole chiare sulla circolazione dei prodotti finanziari; un ridisegno generale dei sistemi di controllo, vigilanza e di revisione contabile all'interno delle società di intermediazione del risparmio; da ultimo, ma non certo per ordine di importanza, un intervento correttivo della disciplina del c.d. falso in bilancio, che rappresenta a tutti gli effetti un presidio a tutela del risparmiatore. Senza queste riforme complementari, anche una buona legge di riforma del mercato finanziario non coglierebbe appieno il risultato sperato. E' chiaro, infatti, che il mercato, come pure il suo grado di efficienza e trasparenza, sono il risultato della convergenza di una pluralità di fattori, esogeni ed endogeni, che agiscono su piani diversi ed incidono su differenti meccanismi di funzionamento del mercato stesso, cercando il non facile equilibrio tra i valori in gioco. 8. La ri-configurazione di un nuovo assetto di regolamentazione del mercato finanziario è condizione necessaria ma non sufficiente per alimentare un processo di prevenzione generale e di orientamento dei modelli comportamentali, che possano rappresentare un efficace argine al dilagare dei fenomeni di market abuse e di market failure. Serve, in parallelo, anche un processo di revirement culturale che porti ad una sorta di rifondazione etica della business comunity, nella consapevolezza che anche il migliore sistema normativo non ha presa sulla realtà effettuale, se questa non è a priori innervata da un insieme di regole etiche generalmente condivise. Il contesto attuale mostra un mercato finanziario caratterizzato dall'assenza di regole di condotta e di principi tali da costituire un governo etico, prima che giuridico, al lavoro dei suoi operatori. La grande ondata di deregolamentazione finanziaria che si è avuta nell'ultimo decennio ha favorito il dilagare dei conflitti di interesse in cui si trovano ad operare gli intermediari finanziari. Si pensi, per fare qualche esempio tra i tanti, al caso delle banche che hanno collocato ai propri clienti titoli tossici presenti nel loro portafoglio, al fine di dismetterli evitando perdite già prevedibili al momento del collocamento; agli effetti perversi del sistema degli incentivi ai vari operatori presenti nella catena dell'intermediazione finanziaria, che hanno favorito la diffusione di pratiche ad elevato rischio pur di conseguire l'obiettivo di lauti compensi; senza dimenticare il caso delle società di rating che hanno senza dubbio concorso a favorire l'occultamento di situazioni di difficoltà, attribuendo giudizi "a tripla A" a società che di lì a poco sarebbero state dichiarate fallite. La cultura di illegalità diffusa e di abuso di cui oggi è permeato il sistema del risparmio gestito va contrastata, non con norme cariche di una minaccia sanzionatoria severissima ma con bassa probabilità di trovare un'effettiva ed efficace applicazione, bensì con una revisione normativa ad ampio spettro, funzionale ad assicurare maggiore trasparenza nei meccanismi di corporate governance, razionalizzazione e rafforzamento del sistema dei controlli interni ed esterni alle società. Una considerazione è d'obbligo: la causa prima dei tanti, troppi, dissesti finanziari che hanno provocato nell'ultimo ventennio una dispersione gigantesca di ricchezza collettiva è da individuare nei conflitti di interesse di cui è profondamente permeato l'ordinamento societario, finanziario ed istituzionale, tanto da far affermare, all'illustre Guido Rossi, che "il risparmio di massa galleggia letteralmente sui conflitti di interesse e la sua salvaguardia dipende, anzitutto, dalla corretta impostazione di tali conflitti, la cui esistenza è peraltro fisiologica all'agire economico". Occorre pertanto ripartire dal male oscuro dell'ordinamento finanziario, lavorando ad una revisione dei meccanismi di corporate governance, dei processi decisionali interni alle società, troppo spesso affidati ad amministratori che agiscono alla stregua di monarchi assoluti, al di sopra ed a prescindere da ogni forma di controllo. Nel procedere in quest'opera di riscrittura delle regole del gioco, è corretto immaginare che il primo intervento del diritto nell'ambito economico e dell'impresa debba avvenire sul piano della prevenzione, avvalendosi degli strumenti propri del diritto civile, del diritto amministrativo e dell'autoregolamentazione. Arrivando, per questa strada, alla configurazione di un diritto penale minimo ma efficace e severo, nel sanzionare quei comportamenti ritenuti immediatamente offensivi di quegli interessi meritevoli di protezione, perché in diretta e stretta relazione con la tutela della funzione di vigilanza, epicentro del complesso normativo a difesa del risparmio. ; XXI Ciclo ; 1972
El Salvador is the smallest country in Central America, and one of the most densely populated in the world. El Salvador is among the countries most affected by weather-related events and other hazards, incurring annual losses of around 2.5 percent of GDP. Worldwide, it ranks second highest for risk exposure to two or more hazards and highest for the total population at a relatively high risk of mortality. Furthermore, climate change is expected to increase the frequency and severity of weather, related events. The new Administration is committed to making El Salvador more 'productive, educated, and safe' by promoting inclusive growth and resilience. The World Bank Group's (WBG) proposed new CPF intends to promote inclusive growth and to foster resilience, with a focus on policy levers that could contribute to break the vicious circles in a sustainable manner. The proposed CPF is aligned with the Government's priorities and informed by the WBG's recent SCD. To strengthen the mutually-reinforcing foundations of inclusive growth, the proposed WBG engagement would support objectives which seek to: (i) build capacity to create safer communities for economic development; (ii) improve secondary-school attainment; (iii) enhance youth employability and skills; and (iv) increase access to finance. To foster sustainability and resilience, the proposed CPF seeks to: (v) promote the efficiency of public spending; and (vi) build capacity to manage disasters and environmental challenges. Taking into account the challenges faced by El Salvador, the WBG wishes to provide a modest but catalytic role through the implementation of these six objectives.
2007/2008 ; La vita in Europa è diventata con ogni anno che passa più florida, più soddisfacente e pacifica grazie ad un forte impegno degli stati europei e grazie alla creazione di un'entità politica ed economica unica al mondo: L'Unione Europea. La creazione di un mercato unico, di una moneta unica, di una cittadinanza e di un'identità europea, di una strategia comune contribuiscono al raggiungimento degli obbiettivi comuni come quello di far diventare UE l'economia più competitiva al mondo ed un levato benessere dei suoi cittadini . Un contesto multiculturale, in cui la diversità e le lingue rappresentano un nostro vantaggio, mentre le nostre vite vengono guidate dai principi importanti come ad esempio l'uguaglianza tra le persone a prescindere dalla razza, etnia, genere, religione oppure orientamento sessuale. L'Europa di oggi è per tutti noi sinonimo di cooperazione, democrazia, rispetto dei diritti, modernizzazione e prosperità. L'appartenenza all'Unione Europea significa automaticamente la libera scelta di condividere valori e principi comuni, mentre l'istituzione di una cittadinanza europea ha messo la persona al centro delle azioni comunitarie. L'identità europea, anche se ancora un concetto ambiguo, si rivela assolutamente indispensabile per incrementare la legittimità ed il buon funzionamento dell'Unione Europea. Oltre la stabilità politica, economica e militare, l'UE deve ai suoi cittadini una vita dignitosa in cui la libertà, solidarietà, giustizia ed eguaglianza sono principi validi ed attivi. Nel contesto di un quadro legislativo che promuoveva la non-discriminazione e l'eguaglianza , l'adozione della Carta dei Diritti Fondamentali dell'Unione Europea ha creato per tutti i cittadini europei la garanzia di un insieme di diritti e libertà fondamentali . Viene naturale a pensare che di questi diritti usufruiscono indistintamente tutti coloro che risiedono sul territorio dell'Unione Europea. Tuttavia, circa dieci milioni di persone per di più cittadini europei, vengono ogni giorno privati di questi diritti, vittime della discriminazione, dell'indifferenza e della più estrema povertà. Il numero elevato potrebbe far pensare che si tratta della popolazione di un intero stato membro come Austria, Bulgaria, Portogallo, Belgio oppure la Svezia. In realtà si tratta della più grande minoranza europea: i rom. Oggi chiamati rom, nel passato conosciuti come zingari, un popolo con una storia triste e difficile, vittime sempre di qualche ingiustizia: esclusione, isolamento e diffidenza dopo l'arrivo in Europa dal nono al quindicesimo secolo; schiavitù per centinaia di anni nel medio evo; deportati o sterminati durante la Seconda Guerra Mondiale; vittime dell'assimilazione forzata nel periodo socialista; in preda alla disperazione, alla discriminazione e alla povertà al giorno d'oggi. Non appartengono a nessuno stato e non hanno mai rivendicato niente, nessuna pretesa territoriale o di altro genere. Contenti di vivere nelle loro comunità, senza mischiarsi con gli altri, in armonia e serenità con le popolazioni che li ospitano. Con gli ultimi allargamenti, l'Unione Europea ha aperto le frontiere a più di 100 milioni di persone tra cui circa otto milioni di etnia rom. L'attribuzione del recente concetto di una "vera minoranza europea" riflette sia il carattere transnazionale sia il suo ruolo importante nel processo d'integrazione nell'Europa dell'Est. C'è uno stretto rapporto tra il processo di allargamento, d'integrazione nell'Unione Europea e le politiche per le minoranze. Anche se lo status di paese candidato oppure membro, è condizionato dall'adozione delle politiche e norme legislative verso la minoranza rom, in pratica poco è stato fatto per un concreto miglioramento delle condizioni di vita dei rom. Il profondo incremento della povertà dei rom nel periodo post-socialista nei paesi est e centro europei, ha portato all'interno dell'Unione tutti i problemi che esso comporta. Dispersi in tutta l'Europa, i rom non hanno un paese di origine e non sono nemmeno mobilizzati dal punto di vista politico ciò che li rende assolutamente dipendenti dalle politiche statali. I rom si trovano in un circolo vizioso dovuto alla interconnessione delle varie difficoltà che si può sintetizzare come segue: povertà – discriminazione - scarsa preparazione scolastica e professionale - povertà. Sono vittime della discriminazione in tutti i settori: istruzione, lavoro, abitazioni, giustizia, salute, mentre la popolazione maggioritaria manifesta nei loro confronti un atteggiamento di esclusione ed allontanamento come conseguenza dei vari pregiudizi. Accusano frequentemente il fatto di essere stigmatizzati e le loro tradizioni, costumi e caratteristiche culturali non vengono riconosciute. La discriminazione nell'ambito dell'istruzione e dell'occupazione è la causa principale della situazione precaria delle comunità rom e del vicolo cieco da cui non riescono ad uscire. Gli elementi responsabili delle difficoltà riscontrate della minoranza rom sono intercollegate ed interdipendenti , generando cosi l'impossibilità di integrarsi senza un impegno esterno congiunto tra le varie autorità. La questione rom, soprattutto nel contesto della nuova configurazione dell'UE, è diventata un problema europeo se non uno dei problemi più gravi dell'Unione Europea a livello sociale. Già dal 1993 l'argomento è stato formalmente individuato come europeo tramite la Risoluzione 1203 del Consiglio dell'Europa che ha dichiarato la popolazione rom una "vera minoranza europea". Gli standard di vita dei rom sonno diventati un segnale d'allarme dal punto di vista umanitario ed hanno sollevato preoccupazioni per le violazioni dei diritti umani. In aggiunta all'aspetto morale ed umanitario, le difficoltà delle comunità rom generano problematiche a livello sociale ed economico. Pertanto la questione deve interessare sia gli stati nazionali, membri e candidati, sia l'Unione Europea nel suo intero in quanto la disoccupazione e la povertà a lungo termine, nel futuro metterà a repentaglio la competitività. Inoltre nei paesi dove i rom costituiscono popolazioni considerevoli ed in continua crescita, la loro emarginazione ed esclusione minaccerà la stabilità e la coesione sociale . La presente tesi propone due ipotesi riguardo all'argomento trattato: Il problema rom, nell'attuale contesto dell'Unione Europea allargata e beneficiaria dei vantaggi della libera circolazione, è diventato un problema transfrontaliero, lo spostamento dei rom da un paese ad altro alla ricerca di una vita migliore generando seri problemi sia per le stesse comunità rom sia per i paesi ospitanti. Di conseguenza, la questione oltrepassa il livello nazionale presentandosi con un'evidente dimensione europea, richiedendo un approccio diverso da parte dell'Unione Europea che dovrebbe avere un ruolo attivo con delle azioni pratiche, in sostanza un ruolo che va oltre il coordinamento e le raccomandazioni. data la complessità del problema e la profonda diversità tra i rom e le popolazioni maggioritarie ma allo stesso tempo anche tra le varie comunità rom, si rivela un'incompatibilità tra queste due società; questa incompatibilità, generata dalla diversità e dalla presenza delle problematiche specifiche , porta a vari difficoltà come la discriminazione, razzismo, scarse opportunità, povertà. Si sostiene quindi la necessità prima di tutto di un intervento di natura educativo, rivolto ugualmente agli individui rom che ai non rom. L'approccio deve essere vincolante quasi coercitivo previsto dalla legge in tale maniera da imporre la frequentazione della scuola ai bambini rom, limitando le loro tradizioni quando si tratta di violazioni della legislazione in vigore . Dall'altra parte le autorità e le istituzioni – media compresi – devono sensibilizzare la popolazione non rom fornendo un'immagine reale della situazione di questa minoranza e fornendo un tipo di educazione civica che promuove principi come l'eguaglianza, la non discriminazione e la solidarietà. La situazione della minoranza rom è un argomento complicato, complesso ed allo stesso tempo molto controverso. Per poter offrire delle soluzioni e delle raccomandazioni, si deve innanzitutto comprendere ed analizzare. In questo senso, la presente tesi ha fissato una serie di obiettivi elencati di seguito: I rom si devono conoscere. Chi sono i rom, da dove vengono, quali sono le loro tradizioni, che tipo di vita conducono, quali sono le loro condizioni di vita sono domande a cui tanti di noi non sanno rispondere. Abbiamo un'immagine in cui prevalgono gli stereotipi ed i pregiudizi. La distanza sociale imposta dalle popolazioni maggioritarie è indiscutibilmente collegata anche ad una paura di fronte a queste comunità in pratica ignote. Quindi, in queste circostanze, un quadro descrittivo dei rom e delle loro problematiche risulta assolutamente indispensabile. Si intende di presentare sia un quadro della storia dei rom, sia una descrizione delle loro tradizioni insistendo però sulle attuali condizioni di vita delle comunità rom residenti nei paesi membri. La questione rom ha superato i confini nazionali. I problemi dei singoli paesi membri sono oggi affrontati a livello comunitario in virtù di una politica comune basata sull'unità e sulla solidarietà. Sia per la gravità della situazione, sia per le sue elevate dimensioni, la questione è diventata una vicenda europea. Dunque si intendono individuare gli aspetti e le conseguenze transfrontaliere dell'argomento focalizzando una significante attenzione sulle responsabilità ai vari livelli. Gli impegni non mancano. È importante avere un quadro completo delle iniziative e degli impegni che sono stati fatti, principalmente per poter identificare che cosa delle misure prese non ha funzionato, oppure cosa ha funzionato meglio. Di conseguenza, per i motivi suindicati, ma anche per facilitare la formulazione delle raccomandazioni conclusive, si intende provvedere ad una comprensiva presentazione degli impegni dei governi nazionali, dell'Unione Europea, delle organizzazioni internazionali, organizzazioni non governative e delle stesse comunità rom. È inoltre necessaria un'analisi storica delle politiche destinate ai rom durante la storia. Sono state adottate delle leggi. Dunque si desidera fornire una panoramica sulla legislazione in vigore in modo da diffondere i diritti umani e delle minoranze, ed allo stesso tempo i doveri delle autorità. Un piccolo contributo alla raccolta dei dati. Uno degli ostacoli più gravi nella gestione della problematica rom è costituito dalla mancanza dei dati. Pertanto uno degli obiettivi principali della tesi è di fornire più informazioni possibili sulla questione in modo da poter facilitare le future ricerche nel campo. I rom sono vittime dei pregiudizi e degli stereotipi. Si elaborerà una ricerca che intende da una parte identificare i pregiudizi e gli stereotipi che la popolazione maggioritaria associa più frequentemente ai rom, e da un'altra parte identificare la presenza degli atteggiamenti discriminatori. Un altro obiettivo è di analizzare le particolarità delle comunità rom oppure delle loro problematiche nei principali paesi europei dove risiedono importanti popolazioni di quest'etnia. La minoranza rom è stata dichiarata in assoluto la più povera e vulnerabile dell'Europa. Le problematiche collegate all'etnia rom sono le più svariate e per di più interconnesse tra di loro. Sebbene tradizionalmente e storicamente una delle popolazioni più povere dell'Europa, l'ulteriore collasso della qualità della vita dei rom ha portato ad una situazione insostenibile senza precedente. Dopo la caduta dei regimi socialisti, le condizioni di vita dei rom sono peggiorate in modo allarmante ed i loro diritti sono stati sempre più spesso violati attirando l'attenzione della comunità internazionale ed europea. La povertà dei rom, paragonabile alle comunità del terzo mondo, è strettamente correlata con altre difficoltà che loro affrontano: le lacune in materia di istruzione, la disoccupazione, mancanza di abitazioni ed assistenza sanitaria. I rom hanno un limitato accesso al mercato di lavoro dovuto principalmente ad una scarsa preparazione e poi anche all'isolamento geografico ed alla discriminazione. I bassi livelli di istruzione sono da una parte anche loro dovuti ad un elevato livello di discriminazione nelle scuole e di negazione della loro cultura ed identità. Da un'altra parte, lo scarso accesso ai servizi pubblici, l'emarginazione geografica e l'impossibilità di sostenere le spese scolastiche influiscono altrettanto negativamente l'istruzione dei rom. Il circolo vizioso in cui i rom si trovano intrappolati inizia con la povertà e discriminazione, continua con la scarsa istruzione, la disoccupazione chiudendosi sempre e sfortunatamente con povertà e discriminazione. È ovvio che le comunità rom devono affrontare un complesso processo di modernizzazione attraverso un cambiamento culturale e con l'utilizzo indispensabile degli strumenti come l'istruzione e la formazione professionale. L'emancipazione delle comunità rom deve inoltre garantire ai bambini un'istruzione di qualità ed alle donne l'indipendenza economica. L'intervento, pur coordinato ai livelli istituzionali, deve assolutamente coinvolgere i rappresentanti della minoranza rom senza i quali, il dialogo tramite i rom e i gadje, risulta impossibile. L'accesso all'istruzione ed alla formazione deve tradursi in un obbligo legale in modo che le generazioni rom future ma anche quelle di oggi possano beneficiare di un'educazione, formazione pari al resto delle popolazioni. Dall'altra estremità si trova l'atteggiamento discriminatorio delle popolazioni maggioritarie che ostacola in pratica ogni tentativo di integrazione dei rom al loro interno. In questa direzione sembra sia nata una "coalizione" tra i cittadini, i media e le autorità con lo scopo di segregare e mantenere in condizioni disumane i rom cioè milioni di persone diverse. Una "coalizione" del genere rende impossibile ogni progetto di inclusione dei rom. La colpa è sempre attribuita alla scarsa volontà e coinvolgimento della popolazione rom nel processo integrativo. In pratica, dato l'alto livello della discriminazione di cui sono vittime i membri delle comunità rom, l'integrazione fallirebbe pur avendo la certezza della buona volontà. Dovrebbe istaurarsi un processo di conciliazione mediato dalle autorità pubbliche in cui i lo scopo è di assumere i valori comuni e di educare i rom ed i non rom a come convivere in maniera armoniosa. La presenza degli stereotipi e dei pregiudizi nei mezzi di comunicazione di massa aumenta ingiustamente l'intolleranza e la discriminazione perciò dovrebbe essere regolamentata tramite un efficace intervento legislativo. Inoltre, la creazione dei corsi di educazione civica nelle scuole e delle campagne mediatiche risulta assolutamente necessaria per sensibilizzare i "gadje" sui diritti umani e delle minoranze, far conoscere le vere problematiche rom e generare un'educazione che promuova la tolleranza e l'uguaglianza. La diversità – valore centrale dell'identità europea - deve essere più di un concetto espresso a livello europeo. Deve essere vista per quello che è veramente: una fonte di ricchezza di cui possiamo beneficiare tutti al di là della razza, religione, appartenenza etnica o orientamento sessuale. L'integrazione dei rom deve prevedere una vera e propria convivenza tra questi e le società maggioritarie evitando completamente formule di tipo segregatorio. Il modello di vita europeo, basato sui nostri valori comuni, per poter essere assunto deve essere prima di tutto conosciuto quindi i rom devono essere ammessi nelle scuole, nelle classi con tutti gli altri bambini, negli ospedali nelle stanze insieme ai pazienti romeni, italiani, oppure slovacchi, devono lavorare negli ambienti lavorativi di tutti noi e devono condividere gli spazi per il tempo libero come tutti gli altri cittadini europei. Finche saranno isolati, esclusi continueranno a vivere in condizioni di estrema povertà guidati dai costumi inadeguati al giorno d'oggi. La difficoltà della problematica è generata proprio della convinzione di infallibilità di ogni parte – i rom ed i non rom – e di come far comprendere l'inattendibilità dei propri atteggiamenti. In una situazione in cui tutti pensano di avere ragione e tutti pensano di essere vittime, l'educazione è l'unica strada per una convivenza serena basata sui valori e principi comuni. ; XX Ciclo
Issue 14.3 of the Review for Religious, 1955. ; Review for Religious MAY 15, 1955 Empress of America . c.J. McNaspy The Relicjious Life . Pope Plus Throucjh His Blood . Joseph H. Roh~i.g Community Life . Bernard I. Mullahy Third Mode of Humility. ¯ . . c. A. Heri~st Mary and Joseph Find Jesus . " . . Paul Oent Book Reviews Questions and Answers Summer Schools VOLUME XlV NO. 3 RI Vli::W FOR Ri::LIGIOUS VOLUME XIV MAY, 1955 NUMBER 3 CONTENTS EMPRESS OF AMERICA---C. J. McNaspy, S.J .113 SURSUM CORDA . 122 POPE PIUS XII AND THE RELIGIOUS LIFF_;--doseph F. Gallen, S.d1.23 THROUGH HIS BLOOD~doseph H. Rohling, C.PP.S . 139 COMMUNITY LIFE--Bernard I. Mullahy, C.S.C . 141 TI-IE. THIRD MODE OF HUMILITY---C. A. Herbst, S.3 .1.50 MARY AND dOSEPH FIND dESUS--Paul Dent, S.d .155 BOOK REVIEWS AND ANNOUNCEMENTS-- Editor: Bernard A. Hausman~, S.3. West Baden College West Baden Springs, Indiana . 157 SOME BOOKLETS . 164 QUESTIONS AND ANSWERS-- ll. Dismissal of Novice without Giving Reason .165 12. Novitiate Extended until Regular Profession Ceremonies 165 13. Mental Patients with Temporary Vows . 166 14. Changing Constitutions in regard to Mail . 166 15. Handbook for Sacristans . 167 OUR CONTRIBUTORS . 167 SPECIAL ANNOUNCEMENTS . 168 REVIEW FOR RELIGIOUS, May, 1955. Vol. XIV, No. 3. Published bi- " monthly: ,January, March, May; 3uly~ September, and November at the College Press, 606 Harrison Street, Topeka, Kansas, by St. Mary's College, St. Marys, Kansas, with ecclesiastical approbation. Entered as second class matter ,January 15, 1942, at the Post Office, Topeka, Kansas, under the act of March 3, 1879. Editorial Board: Augustine G.Ellard, S.,J., Adam C. Ellis, S.,J., Gerald Kelly, S.3., Francis N. Korth, S.,J. Literary Editor: Edwin F. Falteisek, S.3. Copyright, 1955, by Adam C. Ellis, S.d. Permission is hereby granted for quota-tions of reasonable length, provided due credit be given this review and the author. Subscription price: 3 dollars a year; 50 cents a copy Printed in U. S. A. Before writing to us, please consult notice on inslde back cover. Empress ot: America INTRODUCTION o F the world's favorite Marian shrines it may seem surprising that the oldest is on our own continent. Three centuries before the apparitions at Lourdes, our Lady appeared in America and left her miraculous image in Guadalupe, then a suburb, now part of Mexico City. Every year many Americans join their fellow Catholics of the South in paying homage to Our Lady of Guadalupe. Again and again the Holy Father has joined them in spirit, and ten years ago he proclaimed Our Lady of Guadalupe patroness of America, with the title of "Empress." The outline of the history is familiar to all religious. But not all may realize bow completely reliable and authentic are.our sources, Bishop Schlarman's Mexico Land o# Volcanoes indicates a number of scientific historians who have studied the question. Principal among them are Fathers Bravo Ugarte and Cuevas. In the following pages we present a close English translation of a document that goes back to the very period of the miracle and is accepted as historical. It was written by an Indian, Antonio Valer-iano, a relative of the Aztec Emperor Montezuma. Valeriano com-posed his text in his own language, some ten years after the event (December 12, 1531). It was translated recently into Spanish by Primo Veliano Velazquez, and this translation was made from the Spanish. A word about the style. The original, we are told, is written in the very formal style of the period: the Spanish translator has kept this blend of formality and naivet~. The present translator has tried to preserve some of the charm and simplicity, together with what to us might seem artificiality. But his main effort has been to give a faithful version of the document, even to the point of literalness.--C. J. McNAspY, S.J. ANTHONY'S STORY Herein is told how the ever Virgin Mary, Mother of God, our Queen, most marvelously appeared not long ago in Tepeyac, which is called Guadalupe. First she allowed herself to be seen by a poor Indian whose name was Juan Diego; then her precious image was made manifest before the new bishop, Fray Juan de Zumarr~ga; and then came all the miracles which she has accomplished. 113 EMPRESS OF AMERICA Reoiew [or Religious Te'n years after the capture of the City of Mexico, when war ceased and there was p~ace among the peoples, there began to blos-son the faith and knowledge of the true God by whom we live. In those days, in the year 1531, early in the mon.th of December, it b'appened that tber~ lived a poor Indian, by name Juan Diego, arid as it is related, a native of Cuautitlan, which in m~tt~rs spiritual then belonged to Tlatilolco. Very early on the morning of Sal~ur-day, Juan Diego was coming by in order that be might pay wbrsbip to God 'and perform some errands. He arrived at the hill called Tepeyacac when it was dawn. He heard a singing above the hill, a~ singing which seemed the song.of various precious birds, although at times, when the voices of the singers were silent, it seemed "that the mountain answered them. Their song was very gentle and de-" ligbt,ful, surpassing that of the Coyoltototl and the Tzinizcan and the other beautiful birds that sing. Juan Diego stopped to look and said within himself, Can it be that I am worthy of what I am hearirig? It may be I am dreaming. Did I arise from sleep? Where am I? Am I, perhaps, in the earthly paradise that the ancients, our ancestors, spoke of? Or it may be I am in heaven. 'But as be turned his bead toward the east, above the hill, whence the precious heav-enly song was proceeding, it suddenly ceased; and there was silence; and he l~eard himself called from above the hill, "duanito, duan Dieguito." So he m~de bold to go whither he was called, nor was he fright-ened for a moment; but, on the contrary, happily he climbed the bill to see whence .he was being summoned: and, arriving at the summit, he saw a lady standing there and telling him to come closer. Now wb~n he came inl~o her presence he marveled mU'db bet more than human glory, for her clothes did shine like 'the sun, and the rock on which she stood was struck with splendor and ap-pear. ed like a bracelet of precious stones, and the earth shone like a rainbow. The mezquites, nopals, and other different bushes that are usually there seemed like emeralds, their leaves like fine tur-quoises, and their branches and thorns did shine like gold. Juan bowed down before her and beard bet word, very gentle and polite, as. that of one who is. very attractive and much esteemed. She said to him, "Juanito, thou smallest of my sons, .where art thou going?" He replied, "Lady and my Child,.I .must g9 to thy house of Tlati-lolco to attend to divine matters that our.priests, the delegates of our Lord, give and teach us." Then she spoke to him and told him her holy will~ saying, "Know thou and understand, thou "the least ll~t May, 1955 " EMPRESS OF AMERICA of my sons, that I am the ever Virgin Mary, Mother of the true God, by whom we live; of the Creator by whom all things have their 'being; of the Lord of heaven and of earth. Know thou that it is my strong wish that a church be built here for me, in order that I may manifest and bestow all my love, compassion, aid, and protection; for I am thy loving mother, thine, and .mother of all them that dwell in this land and of those others who love me, call upon me, and trust in me. For it is my will to listen to their cries, grief, and sorrows. Wherefore, in order that I may accomplish this my wish, thou shalt go to the palace of the Bishop of Mexico and relate to him that I send thee to manifest to him this strongest de-sire of mine, that he should build a church for me here; and thou shalt relate to him exactly all that thou hast .seen and admired, and that thou hast heard. And know thou that I will be grateful to thee and will repay.thee, for I will make thee happy and thou wilt deserve much that I should reward the work and trouble by which thou wilt obtain what I ask of thee. Take care that thou hearken to my command, my smallest son. Go and strive with all thy might that thou brin~' it about." He then did reverence before her and said, "My Lady, I go now to fulfill thy command; I leave thee for the present, I thy humble servant." Then he went dowh tO do her command, and he went by the road that leads straight to Mexico. Entering the City, he came straightway to the palace of the Bishop, who was the prelate ~hat had newly arrived and who was called Fray Juan de Zumarraga, being a religious of St. Francis. Scarcely had Juan Diego arrived, when he tried to see the Bishop, asking the servants to go and announce him; who after a good while came to call him, for their Lord Bishop had given order that he should enter. And when he had entered, he bowed and genuflected before the Bishop; immediately he gave him the message of the Lady of Heaven, relating.to him all he had admired, seen, and heard. The Bishop, after he had heard all his words and message, seemed not to believe him, for he ar~swered him thus, "Thou wilt come again, my son, and I shall hear thee more slowly, and I shrill con-sider all from the very beginning and shall ponder the desire and wish with which thou hast come." So Juan went out and grew sad, fbr his message had not been in any way accomplished. Now, on the same day, as Juan returned to the summit of the hill, he came upon the Lady of Heaven, who was awaiting him in the very place where he had seen her the first time. Seeing her, he 115 EMPRESS OF: AMERICA Reoiew for Religious prostrated before her and said, "Lady, thou the smallest of my daughters and my child, I went where thou didst send me to carry out thy cofnmand; with difficulty I entered where the Bishop dwelt; I saw him and presented thy message as thou didst tell me. Sure enough, he received me kindly and listened to me attentively; yet, from what he replied, it appeared to me that be did not believe me. He said, 'Thou wilt come again. I shall listen to thee more slowly. I shall examine from the very beginning the desire and wish with which thou hast come.' I understood perfectly by his manner of answering me that he thinks that it may be I made up myself the story that thou dost wish a church to be built here, and that perhaps it is not thy order. For this reason, I earnestly beg of thee, my Lady and Child, that thou entrust tby message to those who are important, well known, respected, and esteemed, so that he may be believed. For I am dust a little man, a string, a little ladder, jus~ a tail, a leaf, a nobody; and thou, my Child, the small-est of my daughters, Lady, art sending me to a place where I never go. Forgive me for causing thee great sorrow and for falling into thy displeasure, my Lady." The most holy Virgin answered,him, "Listen, my smallest son, and understand that many are my servants and messengers whom I can summon to bring my message and do my will. But it is quite necessary that thou thyself should ask and help, and that my will be carried out by thee. I beg of thee, my smallest son, and I strongly command thee, to go again tomorrow to see the Bishop. In my name tell him my will: that be must build the church that I ask. And remind him that it is I myself, the ever Virgin Mary, Mother of God, who send thee." 3uan Diego rel~li~d, "My Lady and my Child, do not be grieved. I shall gladly go to carry out thy command. I shall not fail in any way to do it, nc,r do I think the way is difficult. I shall go to do thy will; now it may be I shall not be heard agreeably; or if I am heard, it may be I shall not be believed. Yet, tomorrow evening, when the sun is setting, I will come to give an account of tby, message and the Bishop's reply. Now I leave thee, my smallest daughter, my Child and my Lady. Meanwhile, sleep well." And he went to rest in 10is own house. On the following day, which was Sunday, very early in the morning 3uan Diego left his house and came straightway to Tlati-lolc6, that he might be instructed in divine things and there be pres-ent for the roll call, and later go to the prelate. After Mass, the 116 Ma~l, 1955 EMPRESS OF AMERICA roll call having been completed., the people dispersed. Juan Diego immediately went on to the palace of the Lord Bishop. Scarcely had he arrived, when he exerted every effort to see him again, but he saw' him only with much difficulty. Juan knelt at his feet, mourning and weeping as he related the command of the Lady of Heaven. Would that the BiShop would believe his message and the will of the Immaculate One to build her church wh~re she said she wanted it. The Lord Bishop, that he might gather more inl~orma-tion, asked him many things: where Juan had seen her and how it had come to pass; and he told the Lord Bishop everything per-fectly. But though he explained exactly how she had appeared and how mu~h he had seen and admired, and that she had revealed that she was the ever Virgin, the most holy Mother of our Savior and Lord Jesus Christ; nevertheless, the prelate did not believe him,, replying that he would not have it to be done on his word and petition alone, but that some sigma was necessary for him to be able to believe that the very Lady of Heaven was sending Juan' Diego'. Hearing this, Juan Diego replied to the Bishop, "My Lord, think of what must be the sign that thou dost ask, for now I shall go "to ask it of the Lady of Heaven who sent me hither." The Bishop, seeing that Juan held to all things without hesitation and retracted no.thing, dismissed him. 'At the same time he com-missioned some men of his house, in whom he could trust, to follow "Juan and watch whither he might go and whomever he might see and with whom he might speak. And this is what came to pass. Although Juan Diego made his way straight and followed the road, those who came behind him lost track of him, where the ravine passes near the bridge of Tepeyacac, and though they sought him every- 'where, they did not see him. Wherefore they returned, not only because they had grown weary, but also because their purpose had been blocked, and this caused them anger. They went to report to the Lord Bishop, urging him not to believe Juan, and saying that :he was but a deceiver and had made up the story, or that he was only dreaming what he had said and asked. Finally they suggested that if Juan should return, they might take him and punish him severely, so that he would never again lie or deceive another. Meanwhile, Juan Diego was with themost holy Virgin, r~lat-ing to her the answer that he brought from the Lord Bishop. And she, having heard, said, "It is' well, my little son. Thou wilt re-turn here tomorrow to bring the Bishop the sign that he has asked. With this he will believe thee, and about this request he will no longer 117 EMPRESS OF AMERICA "Ret~iew .for Religiou, doubt nor suspect thee. And know, my little sonl that I shall repay thy care and the work and weariness that thou hast undergone for me. Well, then, I shall expect thee here tomorrow." But on the following day, Monday, on which Juan" Diego was to bring a sign in order that he be believed, he did not return. For when he arrived at his house he found that his uncle Juan Bernardino had been taken very ill. Straightway he went to summon a doctor and some help. But there were no free moments now, for the ill-. heSS was indeed great. That night his uncle besought him to leave early in the morning and come to Tlatilolco that he might call a priest to come and hear his confession and make him ready, for he was very certain that it was his timeto die and that he would never arise nor be strong again. Early in the morning, Tuesday, Juan Diego departed from his house for Tlatilolco to summon the priest. When he reached the road that was at the foot of the hill'of Tepeyacac, toward the west, where it was his custom to go by, he said, "If I make my way straight, it may be the Lady will see me and will surely stop me so that I may bring the sign to the Bishop as she told me. First, however, let us care for the trouble in hand; wherefore, I should call the priest quickly, for my poor uncle is-surely waiting for him." Then turning to the hill he climbed it and passed over onto .the other side toward the east, so that he might reach Mexico quickly and that the Lady of Heaven might not cause him delay. For he thought to avoid the eyes of her to whom all things fire present in sight. He saw her descending from the hill and with her gaze fixed upon him before even he had seen her. And she came up to meet him at a side of the hill and said to him, "What is it that troubles thee, my smallest son? Whither art thou going?" He was saddened somewhat, or perhaps ashamed or frightened. He 'bowed before her and saluted her saying, "My Child, the smallest of my daugh-ters, my Lady, I hope thou art happy. How art thou this m.drning? Art thou in good health, my Lady and my Child? For I shall bring thee sorrow. Thou knowest,.my Child, that my uncle, thy poor servant, is exceedingly ill. He is stricken by the plague and is on the point of dying. I am now hastening to thy house in Mexico to call one of the priests loved by our Lord to come and hear his confession and make him ready, for we who are born do all await the hardship of our death. And though I am departing to do this thing, yet will I afterwards return hither and bear thy. message, my Lady and my Child. Forgive me. Be, patient for a while. I EMPRESS OF: AMERICA will not deceive thee, my smallest daughter. Tomorrow I shall come and in great haste." After hearing the words of Juan Diego, the most loving Virgin made her answer, "Listen and understand, my smallest son. That Which troubles and afflicts thee is nothing, Do not let thy heart be saddened. Do not fear this illness nor any other illness or anxiety. Am I not here, thy Mother? Dost thou not stand under my shadow? Am I not thy health? Dost thou not rest on my lap? What else then dost thou need? Let nothing make thee troubled or unhappy. Be not afflicted by thy uncle's illness, for he will not die of it at this time. For know that he is already well." (And then it was that she healed his uncle, as was discovered afterwards.) Now, when Juan Diego had heard these words of the Lady of Heaven, he felt a deep consolation and happiness, and asked that she send him without delay to see the Bishop and bring him some .sign and proof, so that he might believe. Then the Lady of Heaven told him to ascend the summit of the hill where he had seen her before. "Climb up, my smallest son," she said, "to the top of the hill; where thou didst see me and I gave thee orders thou shalt find different flowers. Cut them and gather them. Then come and bring them to me." Juan ,Diego straightway climbed the hill; and, when he reached the top, he was astonished to find that thebe had blossomed before their season so great a number of various exquisite roses of Castille; for at that time of the year the ice was very severe. The roses ~ave off a great fragrance and were filled with the dew of night that seemed like' precious pearls. Forthwith he began to cut them, joining them togdther and putting them into his cloak-fold. Now, the top of the hill was not.a place where any flowers grew, for it had many rocks, thistles, thorns, nopales, and mezquites. And even if there had been little plants, at that time it was the month of December in which the frost eats and spoils everything. He clambered down without delay and brought the Lady of Heaven the various roses that he had gone to cut. When she saw them she gathered them in he~ hand and again placed them in his bosom saying, ~'My sr~all-est son, these roses of various kind are the proof and sign that thou wilt bring the Bishop. Thou wilt tell him in my name to see my will in this sign and to carry it out. Thou art my ambassador, worthy of confidencd. I strictly order thee to unfold thy mantle and show what thou art bringing before the Bishop alone. Thou wilt relate everything. Thou wilt say that I told thee to climb to 119 'EMPRESS OF ~IMERICA Review for R~ligious the stimmit of the hill to cut flowers, and all that thou didst see and admire, that thou mightest persuade the prelate to lend his hand in the building of the church which I have.requested." After the Lady of Heaven had given him her charge, be started on the way that leads straight to Mexico, happy and sure of sucdess, carefully bearing his burden in his bosom, so that notbng would fall from his hands, and enjoying the fragrance of the various kinds of beau-tiful, flowers. When he had arrived at the palace of the Bishop, the majordomo and other servants of the prelate came out to meet him. He asked them to tell the Bishop that he wished to see him. Yet none of them was willing and acted as if they had not heard him, because it was very early; or perchance they had recognized him and thought him a nuisance. .Besides, they had h~ard from their dompanions how they lost sight of him when their had followed him the day before. Hence, Juan Diego was there many hours waiting. Afte~ a time they noted that be bad been there a long time, standing, downcast, doing nothing. Noticing that he seemed to be carrying something in his bosom, they came near t6 see what it was and to satisfy them-selves. Juan Diego saw that he could not hide his burden withou~ their molesting and manhandling or beating him; so he opened his mantle a little and showed that it contained flowers. They, perceiv-ing that there were various kinds of roses of Castille and re~ilizing that it was not then the season for them to bloom, were greatly taken aback, especially because the flowers .were very fresh, in full "bloom, fragrant and precious, They wanted to take some, but when they dared to touch them they met no success; for when their hands drew near, they saw no true flowers but what seemed to have been painted or'engraved or sewed on the mantle. They went thereupon to tell the Bishop what they had seen and that the little Indian who had come so many times now desired to see him and that be bad been w~iting a long time. Hearing this, the ,Bishop thought that this would be the proof to certify a'nd carry out what the Indian asked. Immediately he ordered Juan to come in. When he entered, Juan did reverence before the Bishop as he had done before, and again relating everything that he had seen and admired, he delivered his .message. "My Lord," said he. "I did what thou didst order me. I went to tell my Mistress, the Lady of Heaven, Holy Mary, the precious Mother of God, that thou didst desire a sign that thou mightest be able to believe me before thou were to make the church where she requested it. I told her 120 May, 1955 EMPRESS' OF ,AMERIC,~ besides that I had given thee my word to bring some sign and proof of her will, as thou. didst demand. She received thy message and kindly granted what thou dost ask, a sign and proof that her will be done. Very early this morning she told me to come again to see thee~ I asked for,the, sign so that thou mightest believe me, which she promised she would give. Immediately she fulfilled the promise: she sent me to the summit of the hill, where I had seen her before, to cut various roses of Castille. And after I went to cut them, I brought them down and she gathered them in her hand and .again put them into my bosom for. me to bring to thee in. person. For, although I knew that at t~e top of the hill there is no place where flowers grow, for there are onl~ rocks, thistles, thorns, nopale~, and mezquites, .I did not doubt. And when I had reached the summit, I saw that I was in a paradise where were all the varied and exquisit~ roses of Castille, sparkling with dew, and these I began to cut. She told me to give them to thee. And so I now" do, so that thou mayest see in them the sign that thou askest and mayest carry out her will,. and-so that the" truth of the words of my message may be made manifest. Here they are; do thou receive them." Then he unwrapped his ~¢hite maiatle which held the roses in its fold. As they were scattered on the floor, all these differentroses of Castille, suddenly there appeared drawn on' the mantle the precious image of the ever Virgin Mary, Mother of God, as it,exists and is preserved today in bei- church of Tepeyacac, which is .called Guadalupe. When the Lord'Bisbop bad seen this, be and all w.bo were there knelt down and greatly admired it. And when they arose they were sad and grieved, for they had gaZed upon the image with their whole heart and mind. With tears of sorrow the Lord Bishop earnestly begged pardon for not baying carried out our Lady's will and command. When he had arisen he loosed the garment from 3uan Diego's neck, the mantle on which appea~ed the image of the Lady of Heaven. And taking it he Went' to place it ifi hi~ oratory. 3uan Dieg6, therefore, at the Bishop's command, remained one day more in the Bishop'~ house. The next day the prelate said, "Now show where it is the will of the Lady of Heaven that her church be built." And im-mediately he invited all to take part in the building. '3uan Diego had hardly indicated where the Lady.of~ Heaven had Ordered that her church be built when he asked permission to leave. Hewished now to hasten home and see his uncle 3uan Ber-' nar~tino, who had been very ill when bedeparted for Thtilolco to 121 EMPRESS OF AMERICA call a priest who might hear his confession and make him ready, on that day when the Lady of Heaven told him that he was already made well. Yet the people did not permit 3uan to return alone, but accompanied him to his house. And when they arrived they saw his uncle, who was very cheerful and felt no suffering. He was very much surprised that his nephew arrived surrounded and honored, and he asked him the reason why they were acting so and doing him such reverence. His nephew replied that when he went to call the priest to hear his confession and make him ready, the Lady of Heaven had appeared to him in Tepeyacac, that she told him not to be distressed, for his uncle was alrea~ly well, and that he had felt much consoled. She had sent him to Mexico to see the Lord Bishop in order to have a church built in Tepeyacac. His uncle re-lated that he was certain that it was she who had healed him at the moment, for he had seen her in the same way in which she appeared to his nephew, and had learned from her that she had sent him to Mexico to see the Bishop. Then had the Lady also told Bernardlno that when 3uan went to see the Bishop he should reveal what he had seen and the miraculous way in which she had cured him; and that he should tell the Bishop to call her (for it was fitting that her blessed image be so called) the ever Virgin Holy Mary of Guadalupe. Then they brought 3uan Bernardino into the presence of the Lord Bishop, to come and tell the story and give testimony in his presence. The Bishop received them both as guests iri his house several days, until the church of the Queen was built in Tepeyacac where 3uan Diego had seen her. The Lord Bishop also brought the holy picture of the beloved Lady of Heaven to the principal church, removing it from the oratory of his palace where it had been, so that all the people might see and admire the blessed likeness. The entire city was moved and came to see and admire the pious image and offer prayers. They were astonished that it had appeared by a divine miracle, for no person in this world painted her precious image. SURSUM CORDA Sursurn Corda is a new review for priests and religious, published by the Fran-ciscan Fathers. Its second number (February, 1955) contains the Address of His Excellency the Apostolic Delegate, Archbishop Carboni, to the First Congress of Religious Women of Australia, New Zealand, and Oceania, held at Rose Bay, Sydney, N.S.W., January 18, 1955. The editorial and business address is: 45 Victoria St., Waverly, N.S.W., Australia. 122 ' Pope Plus XII and !:he Religious Lil:e [EDITORS' NOTE: This valuable compilation of papal texts was made by Joseph F. Gallen, S.3. The first installment was published in our January number, pp. 3-11 ; the second in March, pp. 85-92. In his own iintroduction, Father Gallen ex-plained his selection of texts and his methods of reference. To facilitate reading the present installment, it is sufficient to recall that statements preceded by an asterisk were not made directly and ex.plicitly to or of religious and that all paragraphs ex- ¯ cept number 39 are taken from the Acta Apostolicae Sedis, the first number being the volume, the second the year, I~nd the third the page.] IV. THE VOWS 47. Pouertg. "The law of life itself demands the union of the old and the new that life may be ever the same and yet ever vigorous. Therefore, preserve fully and exactly, that form of religious life for whose observance and expression you have arisen in the Church. Certainly that which your glorious predecessors proposed to them-selves and to their" fellow-religious, also of the future, to be guarded with the utmost exertion, was evangelical poverty according to the law and example of the patriarch of Assisi. What an offscouring .of evils has arisen from the accursed thirst for riches! It is thee cause of wars, seditions, hunger, weakening of morals, of destruction. The abnormal disparity between those of excessive, wealth and those wasted by misery and want gives rise to fatal sources of cor-ruption. An admirable remedy for this calamity and corruption is the example of evangelical poverty. This is the attendant from heaven of the precept of labor, the friend of virtue, the teacher of nations, the protection and glory of the Kingdom of Christ, the most faithful preserver of a better hope. Its glorious standard has been entrusted to your hands; preserve it unstained. It is dishonorable to profess poverty in the dissimulation and fallacies of word and to destroy it in fact. Individual religious institutes, due to their growth and increase, may need more and larger houses. It is licit to secure these, but proper moderation and proportion are to be observed. Do not permit the beauty of poverty that is mani~fest in your habit and clothing to be lamentably clouded by sumptuous dwellings and delicate pleasures and comforts of life nor that your conduct contradict your words." Allocution to Fathers of the Order of Friars Minor Capuchin, 40-1948-551, 552. *48. "But even here a 'due measure and discretion' is to be ob- 123 POPE PlUS XlI Religious served, lest it ever .happen that those [seminarians] who must be trained 'tb 's~lf'-d£ni~aF and evangelical virtue live 'in palatial houses and luxurimls ease.and comfort. Apostolic Exhortation, "Menti Nostrae," 42-1950-685. *49. Chastit~l. "The pries.tly office demands from you,'We might say, exceptional sacrifices, and of these the: most outstanding is the complete sacrifice of one's self in al'legian~e to Christ by celibfic}. You must examine yourselves! If any find that they are incapable of:'observing .celi~ac3(,, We beseech them to leave the seminary and to devote themselves to another calling i~. which they will achieve a morally upright and fruitful life, impossible for them in the sanc-tuary without danger to their own eternal salvation and of dishonor for the Church." Address to theStudents o[ the Roman,Serninarie.s, Colleges, and Institutions, 31-1939-249, 250. ,. 50. "In tl~is earthly exile nothing indeed is more b~autiful, nothing more lovable than the immaculate splendor of virginity that shines from the face, the eyes and the affections and gently excites directs others to heavenly 'things. If the flame of divine charit-y is added to the brightness of this unsullied integrity, the resul{ 'i's something .that deeply moves the minds of men, powerfully attract~ their wills and inspires'them to the noble deeds that Christian virtue alone Can effect." Carbonization of B. M. Capitan,'o and C. V. Gerosa, 42-1950-418. '51. "Watchful and attentive care must be taken to make~sur~ that recruits for the sacred militia have great esteem for chastity, love and preserve it, since it. is one of the' main reasons why they have Chosen this.type of life and" persevere ih this vocation. The faci that in the course of human contactS this virtue is exposed to such great dangers demands that in those Who are to take upon them! selves the dignity of the priesthood purity :should "be of long stand'-:" ing anddeeply rooted. Hence, not only should clerics be ~ad~ aware at the proper time of the meaning of priestly celibacy and of tl~e chas~ffy they must practice, as well as of the obligatiotis entails, but they should also be warned of the dangers they ma~ encounter. Seminarians should likewise be urged to avoid from their earliest years all dangers to purity b~" recourse to those method~ of restraining the passions that are recommended by the masters of the spiritual life. Their progress in other virtues and the richnes~ of the fruits of their priestly zeal will be in proportion to the firmness and constancy' of thei'r control of their passions. Should h young 124 Ma~!, 1955 THE RELIGIOUS LIFE cleric prove to have a tendency to evil and be unable to break off his bad habit after a suitable time of trial, he should be obliged to. withdraw from the seminary before receiving sacred orders." Apos-tolic Exhortation, 'Menti Nostrae," 42-1950-690, 691. 52. "Therefore this modesty is not to be construed as equi'valent to perpetual silenc~ on matters of chastity nor to forbid in the train-ing of character that a temperate and pru'dent word be ever spoken on this matter. In these things youths are to be instructed with suitable counsels, they are to be permitted to manifest their' problems, to ask questions freely, they are to be given sound, clear answers and an explanation sufficient to impart both light and confidence." Allocution to Teachers of the Order of Discatced Carmelites, 43- 1951-736. 53. "Chastity and virginity (which implies also the interior re-nunciation of every sensual affection) does not make the soul a stranger to the world. It rather awakens and develops the energies for greater and higher duties that surpass the confines of individual families. There are today many teaching sisters and sister nurses who, in the better sense of the word, are closer to life than the or-dinary persons of the world." Apostolic Exhortation to the Inter-national Conoention of Teaching Sisters, 43-1951-741. 54. "Today We wish to speak only to those, whether priests or laymen, preachers, public speakers and writers, who have not a word of approval or praise for virginity vowed to Christ, who for years past, contrary to the warnings of the Church and in oppo-sition to her thought, have in principle given marriage the prefer-ence over virginity and who have gone so far as to present marriage as the only means capable of assuring its development and natural perfection to the human personality. Those who speak and write iri this manner are to take cognizance of their responsibility before God and the Church. They are largely to blame for.a fact that We can mention to you only with sadness. Today more than ever there are repeated requests for Catholic sisters from the Christian world and from outside it, and one after anothe¢ they must be given a sorrowful refusal; at times even works of long standing, hospitals and educational establishments must be abandoned--all because vocations are not sufficient for the needs." Address to the Congress of Mothers General, 44-1952-825. *55. "Here We must add, as the holy fathers and doctors of the Church have so clearly taught, that virginity is not a Christian 125 POPE PIUS XlI Review for Religious virtue unless embraced 'for the kingdom of heaven,' that is, unless its motive is to devote oneself more readily" to divine things, greater security in the attainmefit of eternal happiness and finally greater freedom for a zealous devotion also to the eternal salvation of others. They cannot claim the honor of Christian virginity who abstain, from marriage from excessive selfishness,, or to escape its obligations . . . or to make a proud and pharisaical boast of the integrity of their bodies, : . . a virgin is not to refrain from mar-riage as something ugly but because of the beauty and sanctity of virginity . Accordingly, this is the primary motive, the principal reason for Christian virginity: to strive only for the things of heaven and to direct the mind and heart to divine things, to please God in everything, to meditate on Him deeply, and to consecrate body and soul to Him entirely . It is evidently the love of Christ that persuades the virgin to flee to the cloisters of the mon-astery and to remain there forever that she may more freely and easily devote herself to the contemplation and love of her Divine Spouse; it is the love of Christ that profoundly moves her to un-dertake with all h~r strength and even to death works of mercy for her neighbor." Enc~tclical Letter on Sacred Vlrginit~t, 46-1954- 164, 165, 167. *56. "Before entering on such a very narrow path, all whose experience has shown them that they are very weak in this matter shall humbly heed the warning of Paul the Apostle: 'But if they do not contain themselves, let them marry. For it is better to marry than to be burnt.' There are many for whom the burden of per-fect chastity would evidently be so onerous that it could not be counselled to them. In the same way, priests who have the serious duty of counselling youths who say that they feel drawn to the priesthood or religious life are to urge them to give the mattercare-ful consideration, lest they enter on a way of life that they cannot hope to travel constantly and successfully to its end. Such priests are to give prudent thought to this suitability and, if judged ex-pedient, shall seek skilled advice. If a serious doubt remains, espe-cially if founded on the facts of their past lives, priests shall oblige such candidates to give up the intention of entering on the state of perfect chastity and forbid them admission to sacred orders or religious profession." Enc!jclical Letter on Sacred Virginit~l, 46- 1954-180, I8i. 57. Obedience. "Another effect will be that your obedience will 126 May, 1955 THE RELIGIOUS LIFE be established on a perpetually unshakeable foundation. Your stan-dard, your glory, your strength is your obedience. This above all must make you completely docile to the will of your superiors, with-out complaints, without murmur, without that reprehensible criti-cism, the disease of our age, which enfeebles the strength of men and renders their apostolic efforts sluggish and fruitless. The heavy burden imposed by your austere obedience will become light if you are motivated by charity. If charity is present, God is present, be-cause 'God is charity.' Therefore; let there be in you 'charity from a pure heart, and a good conscience, and an unfeigned faith.' " Atlocution to the XXIX General Congregation of the Societ~t of desus, 38-1946-383, 384. 58. "Indeed some praise as the real peak of moral perfection, not the surrender of liberty for the love of Christ, but the curbing of such surrender. The norm therefore to be preferred in the forma-tion of a just and holy person would be this: restrict liberty only where necessary; otherwise, give liberty free rein as far as possible. We transmit the question whether this new foundation 6n which some are trying to erect the edifice of sanctity will be as effective and as solid in supporting and augmenting the apostolic work of the Church as was the one which through fifteen hundred years has been provided by that ancient rule of obedience undertaken for love of Christ . No one is obliged to choose for himself the counsel of perfect obedience, which essentially is a rule of life whereby one surrenders the control of his own will . But words must be understood and accepted according to their obvious meaning, and if this norm is compared with the vow of obedience, it surely does not possess the same supreme value, nor is it an expression of the wonderful example recorded in Holy Scripture: 'He humbled Him-self becoming obedient unto death.' Therefore be is deceived him-self and deceives others who, forgetting the propensities of the soul and the inspiration of divine grace, offers as a guide to one seeking advice about entering the religious state only that new norm. Hence if it is clear that the voice of God is calling someone to the heights of evangelical perfection, without any besitatior~ be should be invited for the attainment of this lofty purpose to offer freely the sacrifice of his liberty as the vow of obedience demands, that vow, We proclaim, which the Church through so many centuries has weighed, has put to the test, has properly delineated and has ap-proved. Let no one be compelled to this self-consecration against 127 PoPE PlUS XlI Review ~:or Reliyfous his will; but if be.does will it, let'no one counsel him against it; above all, let no one hold him back." Address to the Genera[ Con-gress or) the States of Pe.rfectfor), 43-1951-31. 59. "It is certainly of supreme importance that supernatural obedi-ence, motivated by an ardent love of God, should be firmly, insist-ently and fervently fostered, and prevail, according to the norm of their laws; in religious houses. Doesn't the solid support of re-ligious discipline and life have its foundation here? Isn't the past or future success of the great undertakings that religious have and will accomplish to be .attributed solely to the un'iOn of tbeir force's by obedience? You must therefore recognize, r~spect and gladly accept the salutary yoke of obedience as the burden of the brave. However, in our day, in which the machine holds universal sway, wben the mechanical arts bare penetrated everywhere, absorb us and fashion everything to their image, superiors are to be careful not to treat their subjects almost as merchandise or parts Of a ma-cbine but they are always to respect the human person." Allocution to Teachers of the Order of Discalced Carmelites', 43-1951 - 736. V. PARTICULAR VIRTUES 60. Necessity of it)terror life. "But this also, as far as you can, you sbould accomplisb. . . tbat all wbom you can reacb are to be taugbt that notbing is preferable, nothing more necessary than that all should adorn their souls with heavenly virtues and especially that they should foster the divine life from which such virtues arise and grow. Whoever neglects this interior and supernatural life, v~hicfi is nourished by divine grace, whoe~'er devotes himself only to ex.- ternals, even if praiseworthy and adapted to the times, sooner or later realizes that he has given himself to a sterile and perishabl~ work. You know that 'every best gift, and every perfect gift, is from above, coming down from the Father of lights'; therefore, everythin~g also appertaining to the apostolate will be vain and empty unless moved b'y the spirit that is from God." Letter ob the Fifth Centenar~t of the Death of St. Colette, 40-1948-105, 106. 61. "With the same devotion that you cherish religious poverty in external matters you are to accumulate the v~ealth of a true in-terior life and to acquire spiritual riches: love of God and your ~aeighbor, real penance, a knowledge of sacred sciences, and a burn-ing desire to extend the Ki.ngdom of Christ. It is your duty to be conspicuous by a simplicity of conduct, a splendor of goodnesS, a brightness of holy joy, in your sacred ministry humbly to serve 128 May, 1955 "~HE RELIGIOUS LIFE the humble, especially the poorer, whom now evil men by so many evil arts strive to bind to themselves, to favor and assist." Allocu-tion to Fathers of the Order of Friars Minor Capuchin, 40-1948-! 552. 62. "The most active zeal can be closely allied with the quest for the riches of the interior life . An eager external activity and the cultivation of the interior life demand more than a bond of fellowship; as far at least as evaluation and willed effort are con-cerned, they demand that they should march along together step by step. With the growth of devotion~ to exterior works therefore, let there shine forth a cor~espdnding increase in faith, in the life of prayer, in zealous consecration of self and talents to God, in spotless purity of conscience, in obedience, in patient endurance of hardship, and in active charity tirelessly expend.ed for God and one's neighbor . The Church insistently demands of you that your external works correspond to your interior life and that these two: maintain a constant balance." Address to the General Con-gress on the States of Perfection, 43-1951-32. *63. Charity. "But legitimate and well-ordered love of our native country should not make us close our eyes to the all-embracing nature of Christian charity, which calls for consideration of others and of their interests in the pacifying light of love." Encyclical Letter, "Sumni Pontit~catus," 31-1939-549. *64. Prayer. Its necessity. "Your divine vocation is to prepare the way in the souls of men for the love and grace of Jesus Christ. This cannot be accomplished unless you yourselves are already im-bued with that love. Enkindle the love of Christ in yourselves by union with Christ in prayer and sacrifice. By uhion, We say, in prayer. If you ask Us what word We have at the beginning of Our pontificate for the priests of the Catholic Church, We reply: pray, pray more ~nd more, and more insistently! By union also in sacri-fice: in the Eucharistic Sacrifice, but not only in the Eucharistic Sacrifice but also in a certain sacrifice of one's self. You realize that one of the effects of the Most Holy Eucharist is to confer strength to sacrifice and deny themselves on those who assist and receive. The various forms of Christian asceticism may continue to differ with regard to many secondary principles but none of them knows any way to the love of God that does not demand sacrifice also of one's self. Christ demanded this of His followers when He said: 'If any man will come after me, let him deny himself, and take up 129 Reuiew for Religious his cross daily, and follow me.' In explicit language He defined the way to the love of God as the observance of the divine ~com-mandments. Finally, especially to His apostles He addressed that wonderful sentence: 'Amen, amen I say to you, unless the grain of wheat failing into the ground die, itself remaineth alone; but if it die, it bringeth forth much fruit.' " Address to the Students of the Roman Seminaries, Colleges, and Institutions, 31-1939-249. *65. "For such a formation of spirit We recommend prayer above everything else, as We have already said to the students of the sanc-tuary in their first gathering before Us. Pray, pray, pray; prayer is the key of the treasures of God; it is the weapon of combat and of victory in every struggle .for good and against evil. What can-not prayer accomplish by adoration, propitiation, petition, thanks-giving?" Address to Italian Catholic Action, 32-1940-368. *66. Necessity of mental pra~ter. "Genuine and real piety, which the Angelic Doctor calls 'devotion,' and which is the principal act of the virtue of religion, that act which correctly relates and properly directs men to God and by which they free!y and spontaneously give themselves to everything pertaining to the worship ~f God, needs meditation on the supernatural realities and spiritual exercises if it is to be nurtured, stimulated, sustained and is to prompt us to a more perfect life . Since our hearts, disturbed as they are at times by the lower appetites, do not always respond to motives of love, it is also extremely helpful to allow consideration and con-templation ~)f the justice of God to excite us on occasion to salutary fear and guide us thence to Christian humility, repentance and amendment." Encyclical Letter, "Mediator Dei," 39-1947-534, 535. *67. "First of all, the Church exhorts us to holy meditation, which elevates the mind to things of heaven, draws our thoughts to the supernatural and, once our soul has been inflamed with the desire of God, directs it to Him along the path of right reason . Now it is absolutely essential that sacred ministers should most diligently reproduce in their own lives these examples from the Gospel and the virtues of our Divine Redeemer. But just as bodily food does not nourish, sustain and increase life unless it is digested and be-comes part of our own substance, so also unless the priest by medi-tation and contemplation on the mysteries of our Divine Redeemer --who indeed is the supreme and absolute Exemplar of perfection and the inexhaustible fountain of holiness--lives the life of this same Redeemer, he cannot gain control over himself ~ind his senses, 130 Mag, 1955 THE RELIGIOUS LIFE purify his soul, strive for virtue as be should, nor lastly discharge his sacred duties faithfully, zealously and fruitfully . Where-fore, in all truth must We assert that the special efficacy attached to meditation cannot be supplied by any other means and conse-quently that nothing else can replace the practice of daily medita-tion." Apostolic Exhortation, 'Menti Nostrae,' 42-1950-672. *68. Efficac~t of private pra~ter. "There are others who deny any impetratory powers to our prayers and spread abroad the idea that prayers offered to God in private are of little value. Public prayers, that are made in the name of the Church, are those that really avail, since they come from the Mystical Body of Jesus Christ. Such an opinion is false; for the Divine Redeemer maintains closest union not only with His Church, which is His beloved Spouse, but also with each and every faithful soul in it, and He longs to speak with them heart to heart, especially after Holy Communion. It is true that public prayers, since they are offered by Mother Church and because of the dignity of the Spouse of Christ, excel any other kind of prayer; but no prayer, even the most private, lacks its own dignity and power, and all prayer is immensely helpful to the en-tire Mystical Body." Enc~tclical Letter, 'Mgstici Corporis," 35- 1943-235, 236. 69. "But here also there can be a sin of excess. There are some whose extravagant praise of the liturgical forms of the ancient ages easily leads them to a confempt of those of the later centuries and to despise private and popular prayers. Liturgy, which means all forms of worship established by ecclesiastical authority, is something last-ing and living that grows through the cefituries. An attraction for the youthful years must not result in a contempt for the older years . The essential thing in divine worship and the care of souls is always that the followers of the Gospel in the innermost depths of a good conscience seek God, reverence the majesty and the law of the celestial Godhead, do penance for their sins, confess their sins with sorrow and wash away their punishment with works of mercy, acquire grace and live rightly that they may live forever and happily. There are some who eat solid food and some are nour-ished on milk." Homil~t on the Fourteenth Centenar~l of the Death of St. Benedict, 39-1947-455,456. *70. Individual inclinations in praver. "Many of the faithful are unable to use the RomanMissal, even in their native language; nor are all capable of understanding correctly the liturgical rites and 131 POPE PIUS XII Review [or Religious formulas. So varied and diverse are me6's talents and temperaments that it is impossible for all to be moved and attracted to the same extent by community prayers, hymns, and liturgical services. More-over, the needs and inclinations of all are not the same nor are they always constant in the same individual." Encyclical Letter,. "Mediator Dei," 39-1947-561. "71. Multiplicity of prayers. "Above all, do not cease to incul-cate into the minds of all that the Christian life does not consist in the multiplicity and variety of prayers and exercises of piety but rather in their helpfulness towards spiritual progress of the faithful and constant growth of the entire ChurCh." Encyclical Letter, "Mediator Dei," 39-1947,587. *72. "But it should be noted that piety and genuine and ardent zeal for prayer are worth more than a mere multiplicity of prayers." Apostolic Exhortation, "Menti Nostrae," 42-1950-673. *73. Spiritual routine. "When young men perform the same exercises of piety according to a practically unchanging daily rou-tine, we can fear that their interior spirit may not be entirely in harmony with the external practices of religion. By force of habit this can happen to them all the more easily and even grow worse when they leave the seminary and are engrossed frequently in the necessary performance of their duties." Apostolic Exhortation, "Menti Nostrae," 42-1950-689. *74. Externalism. "It is not merely a question of recitation or of singing [the divine office] which, however perfect according to norms of music and the sacred rites, only reaches the ear, but it is especially a question of the ascent of the mind and heart to God so that, united with Christ, we may completely dedicate ourselves and all our actions to Him." Encyclical Letter, "Mediator Dei," 39- 1947-574. *75. Ritualism and Formalism. "But the primary element of divine worship must be interior. For we must always "live in Christ and give ourselves to Him completely . This recommendation the liturgy itself is careful to repeat as often as it prescribes an exterior act of worship. Thus we are urged, when there is question of fast-ing, for example, 'to give interior effect to our outward observance.' Otherwise religion clearly amounts to mere ritualism and formal-ism . It should be clear to all, then, that God cannot be honored worthily unless the mind and heart are elevated to Him in quest of 132 May, 1955 THE RELIGIOUS LIFE the perfect life." Encyclical Letter, "Mediator Dei,' 39-1947-531, 532. *76. "Besides, sin~e they [non-liturgical practices of piety] de-velop a deeper spiritual life in the faithful, they prepare the faith-ful to take part in sacred public functions with greater fruit and lessen the danger of liturgical prayers becoming an empty ritual-ism." Encyclical Letter, "Mediator Dei," 39-1947-584. *77. Humility. "Let the priest not trust in his own strength, find undue satisfaction in the contemplation of his talents, go search-ing for the esteem and praise of men or eagerly long for higher positions. Rather let him imitate Christ, who 'has not come to be served but to serve'; let him deny himself according to the law of the Gospel and be not inordinately attached to the things of earth, that he may the more easily and the more readily follow the Divine Master." Apostolic Exhortation, "Menti Nostrae," 42-1950-662. *78. Necessity, motive, and purpose of detachment. "He g~ce himself to God and to souls entirely, forever, with no hesitancy, with no reserve. Here is the secret of his heroic training for the supreme victory. To give himself completely, he renounced every-thing . It would be folly to renounce everything and oneself only to make a desert bf oneself. This is not what is done; no one has the right to do it. The motive of renunciation is a greater and holier love. Of this you must be deeply convinced, beloved sons of the Institute of th~ Foreign Missions: for love of God, for love of souls your fellow-member was detached from everything and from himself. This detachment and motive are evidently com-mon to all true apostles, but such love is of varying degree accord-ing to the temperament, charactgr, and natural and supernatural gifts of each." AItocution on the Beatification of Alberico Cris-citelli, 43-1951-165, 167. 79. Penance and mortification. "Not all, particularly in our day, understand as they should this kind of penitential life. Many to-day consider it either of little value or wearisome and neglect it entirely. However, we are not to forget that the lamentable fall ¯ of Adam has infected all of us with the hereditary blemish and inclines all of us readily to the allurements of sin. Penance, there-fore, is.absolutely necessary for us, according to the words: 'but except you do penance, you shall all likewise perish.' Nothing is of greater force in restraining the disordered passions of the soul and in subjecting the natural appetites to right reason. When we 133 POPE PIUS XII Revieto for Religious emerge victorious from this struggle, even though we must follow constantly in the footsteps of Jesus Christ and in a certain manner crucify our own flesh, we shall even in this life possess those heav-enly joys and delights that surpass the pleasures of earth as much as the soul does the body and heaven the earth. Holy penance and voluntary mortifications have their own heavenly consolation that the perishable and fleeting pleasures of life cannot give." Canoni-zation of Marianna of Jesus of Paredes, 42-1950-611, 612. *80. Correspondence with grace and self-effort. "Very truly the sacraments and the sacrifice of the altar, being Christ's own actions, must be held to be capable in themselves of conveying and dispensing grace from the divine Head to the members of the Mystical Body. But if they are to produce their proper effect, it is. absolutely neces-sary that our hearts be rigbly disposed to receive them . Em~ phatically, therefore, the work of redemption, which in itself is in-dependent of our will, requires a serious interior effort on our part if we are to achieve eternal salvation." Encgc[ica[ Letter, "Mediator Dei," 39-1947-533, 53.4. VI. MISCELLANEOUS "81. Government. Excessive bureaucraqt. "Finally We wish you to consider a thought that should guide and illumine all your pas-toral act, ion. Dedicate yourselves to it with all your souls. Give to all your activity the personal character of your spirit and your heart. We mean by this that you should be on your guard against an excessive bureaucracy in the care of souls. It is true that the proper management of the parochial office is strictly necessary. Your parishioners, however, must always and in all circumstances sense the kindness and paternal affection that beats in the heart of the pastor. Each and every one of your faithful should feel it, should be able to approach you easily and find in you the help and pro-tection that will fulfill the expectation of his trust." Allocution to Roman Pastors and Lenten Preachers, 43-1951-116. 82. Maternal government. "And now, dearest daughters, We pass on to give you two pressing exhortations. ;Fhe first is that of maternal affection in the direction of your sisters. It is undoubt-edly t~ue, as the psychologists maintain, that when in authority it is not as easy for woman as for man to find the exact balance between severity and kindness. This makes it all the more neces-sary to cultivate your maternal sentiments. Remember that for 134 Mar , 1955 THE RELIGIOUS LIFE your sisters as well as for yourselves the vows demand a great sac-rifice. They have renounced their families, the happiness of mar-riage and the intimacy of family life. This is a lofty sacrifice and of decisive importance for the apostolate of the Church, but it is none the less a sacrifice. Sisters of greatness of soul and delicacy of sentiment feel this detachment most keenly. The words of Christ, 'He that putteth his hand to the plough and looketh back is not fit for the kingdom of God,' find their full application here, also today, and without reservation. But the order should replace the family as much as it can, and on you, the mothers general, falls primarily the duty of breathing the warmth of family affection into the common life of the sisters. You must be motherly in your ex-ternal conduct, in your words arid writings, even when this de-mands self-mastery. Above all, be maternal in your inmost thoughts, your judgments and, as far as possible, in your feelings. Beg Mary, the Mother of Jesus and our own Mother, every day to teach you to be maternal." Address to the Congress of Mothers General, 44- 1952-825, 826. 83. Union. Federation of independent houses. "The prolonged actual living and experience of a confederation can convince you of the great wisdom of the Supreme Pontiff, Leo XIII, in procuring that the various Benedictine families, commonly called 'black Bene-dictines,' be united by the bonds of a brotherly confederation, with-out injury to their own institutes or norms. By the realization of this plan, the autonomy or faculty of living according to their own laws, the original norm that g'uided your monasteries, was in fact adapted to modern times in a salutary and provident manner, since it was demanded by the changed circumstances and the common good. In ancient and medieval times, when communications were more confined, the care of the faithful restricted to lesser necessities and the pursuit of. learning less extensive, such autonomy was more consistent. Aren't the very congregations of Benedictine religious that have arisen in the course of centuries an evident argument that a.fraternal union of effort is desired for the strengthening and per-fecting of discipline? Isn't this proved also by the wider associa-tions that were formed, for example, of Cluny and Bursfeld? If the individual monasteries had remained entirely alone, the Maurine Congregation of Benedictines could not have acquired such high renown for advancing sacred sciences, and elsewhere also the luster of your outstanding fictixiity and solid honor would have been dimmed. POPE PlUS XII Review for Religious In this age, the greater facility of communications, the will that is found everywhere more prone to united efforts, the desire for wider learning, for counsel, the instriaments of zeal necessary for priests and also for missionaries to fulfill the expectation placed in them require federations, demand union. If autonomy is unreason-ably retained, there will be found perhaps monasteries that are unequal to their purpose because, of the small number of religious, and the discipline of the observance of rule can also be weakened and even dangers can gradually creep in." Homily on the _Four-teenth Centenar( of the Death of St. Benedict, 39-1947-454, 455. 84. "For the circumstances of our age, with its much greater facility of communication, the increase in the sacred duties and the greater learning required of ministers of the Church seem to de-mand a union of members. Indeed, the J~enedictine Congregations erected in the past are a proof that the progress of the religious life demands that brothers unite their labors with their brothers." Approual and Confirmation of the Constitutions of the Confeder-ation of the Benedictine Monastic Congregations, 44-1952-521. 85. "In view of changed circumstances there are now many con-siderations which make it advisable and sometimes even necessary to confederate monasteries of nuns." Apostolic Constitution, "Sponsa Christi," 43-1951-13. 86. Centralization. "When the number of houses had so in-creased, the discerning superioress perceived clearly that it is most difficult to attain a unity of religious spirit and to preserve for any length of time union between different houses completely subject to the ordinaries of the" individual places. She realized that no small utility would accrue to the entire congregation i~ it were ruled by a common and uniform government, in which the strength of any institute and the life of religious discipline almost consist. For the attainment of this purpose nothing seemed to her more oppor-tune and suitable than to subject all the houses, whether already founded or to be founded in the future, to the house at Angers and to place a mother general over th~ entire congregation. This intention, although approved by the Bishop of Angers and other very prudent men, gave rise to a serious controversy . These dissensions could not but greatly sadden Mary of St. Euphrasia but were powerless to break her spirit or weaken her constancy. ¯ . . The Sacred Congregation of Bishops and Regulars, on Janu-ary 9, 1835 . approved the intention of the servant of God, 136 May, 1955 THE RELIGIOUS LIFE and Pope Gregory XVI, of happy memory, deignedto confirm this decree in all respects . This same Predecessor of Ours, after the matter bad again been subjected to a thorough examination . solemnly confirmed that decree." Decretal Letters of Canonization of St. Mary of St. Euphrasia, 33-194.1-141. 87. Nuns. Introduction of solemn vows. "All monasteries [of nuns] in which only simple vows are taken shall be entitled to ask for the introduction of solemn vows. In fact, unless there are serious reasons to the contrary, they shall take steps to return to the solemn vows." Apostolic Constitution, "Sponsa Christi," 43- 1951-16. 88. Necessity of at least minor papal cloister. "Papal cloister, either major or minor, is to be regarded as a necessary condition not only that solemn vows may be taken but also that those monas-teries in which simple vows are taken may hereafter be considered true monasteries of nuns according to can. 488, 7°." Apostolic Constitution, "Sponsa Christi," 43-1951 - 17. 89. "If however it appears with certainty that in any monas-tery [of nuns] even the minor cloister cannot regularly be ob-served, that monastery is to be converted to a house of either a congregation or a society." Apostolic Constitution, "Sponsa Christi," 43-1951-17. 90. Unity among rebgious institutes. "Harmony and generous agreement between the different religious families can be very favor-able in attaining such a desirable outcome. Mutual knowledge and encouragement, a holy rivalry cannot but be of mutual advantage. Splendid initiatives are already apparent in this respect; it remains only to perfect them." Apqstolic Exhortation to the International Convention of Teaching Sis'ters, 43-1951-743. 91. Praise of Religious Women. "How could the Church in later and more modern times have fully accomplished her mission with-out the work of the hundreds of thousands of religious women per-formed with such great zeal in education and charity? How could she accomplish it in our day? May your dedication, love and sac-rifices, so frequently hidden and unknown but suffered for love of ¯ Christ to benefit youth, produce in the future, as in the past, a hundred-fold of good! May the Lord reward you for it and pour out on you the abundance of His divine favors!" Apostolic Ex-hortation to the International Convention of Teaching Sisters, 43- 1951-739. 137 POPE PIUS 92. Clerical and religious states. "It is a distortion of the truth to say that the clerical state as such and as of divine law demands .either by its very nature or by some postulate of that nature that the evangelical counsels be observed by its members and that for this very reason it must or may be called a state of achieving evan-gelical perfection . So too, the fact that the priests of the Latin rite are bound to observe holy celibacy does not remove or lessen the distinction between the clerical and the religious states. More-over, a member of the regular clergy professes the state and condition of evangelical perfection not inasmuch as he is a cleric but inas-much as he is a religious." Address to the General Congress on the States of Perfection, 43-1951-29. 93. Exemption. "Again, the exemption of religious orders is not contrary to the principles of the constitution given to the Church by God nor does it in any way contradict the law that a priest owes obedience to his bishop. For, according to canon law, exempt religious are subject to the authority of the local bishop so far as the administration of the episcopal office and the well-regulate~d care of souls require. But even putting aside this consideration, in the discussions of the past few decades concerning the question of exemption perhaps too little attention has been paid to the fact that exempt religious, even by the prescriptions of canon law, are always and everywhere subject to the authority of the Roman Pontiff as their supreme superior and that they owe obedience to him precisely in virtue of their vow of obedience . It is there-fore clear that the primary law of God whereby the clergy and the laity are subject to the rule of the bishop is more than sufficiently observed as regards exempt religious, as it is no le~s clear that both branches of the clergy by reason of their parallel services conform to the will and precept of Christ." Address to the General Congress on the States of Perfection, 43-1951-28, 29. *94. Adequate support. "What is more, Venerable Brethren, We heartily commend the plans that you will discuss to insure that priests be provided not only with means to meet their daily needs but also with assurances of assistance for the future--as We are happy to see done in civil society--particularly for cases in Which they may fall ill, be 'afflicted with chronic ill health, or be weakened by old age. Thus you will relieve them of all anxiety for the future." Apostolic Ex-hor. tation,. "Menti Nostrae," 42-1950-698. .138 Through I-lis Blood Joseph H. Robling, C.PP.S. IF variety is the spice of life in general, it is also, in a sense, the spice of our supernatural life. If, for example, we have been considering certain revealed truths from the selfsame aspect so long that they scarcely impress us any more, it is helpful to con-sider them from some other aspect for a while. Many such variations are possible. Among them is the con-sideration of the truths of faith from the aspect of the precious blood of our Lord. This aspect was adopted very notably by St. Gaspar del Bufalo, who was canonized on June 12 of last year. He is called the Apostle of the Precious Blood, not only because he founded the Society of the Precious Blood in Rome in 1815, or because he fostered the pious union of the same name, but also be-cause in his very effective preaching of missions and retreats in the Papal States over a period of more than twenty years before his death in 1837 he frequently focused the attention of his hearers on the precious blood and from that vantage point drove home his message of instruction and exhortation. For this purpose during his sermons he sometimes held a large crucifix portraying the figure of the bleeding Savior and wore on his breast the now familiar mis-sion cross showing our Redeemer in the act of sacrificing even His own blood for sinners. Considering revealed truths from the aspect of the precious blood, we may profitably reflect, for instance, that no grace whatever comes to us independently of the sacrificial blood of Christ; for no grace is given to fallen mankind except that merited for us by the bloody sacrifice of our Redeemer on the cross. This same sacrifice was fore-shadowed and foretold in the Old Testament and is renewed and perpetuated by the holy Mass in the New. Furthermore, since we receive no grace independently of the precious blood, we also would have no means of grace without it--no Church, no priesthood, no sacraments, no sacramentals, no fruitful prayer. Again, since no one can be saved without grace, we can truthfully say that without the precious blood there would be no saint in heaven nor any soul in purgatory, nor even any just man on earth. Without it there would be neither justification nor salvation for any human .person. The blood of Jesus speaks better than the blood.of Abel (Heb. 12:24). It speaks of our Savior's lo,¢e and foFgivenes.s, of the ~13_9 JOSEPH H. ROHLING reality and extent of His sufferings, of the sacrifice He offered and the price He paid, of the tangible evidence and measure of His love for souls, of the mercy and pardon He holds out to repentant sin-ners, and His nourishing of souls in Holy Communion. It teaches the value of an immortal soul, for with St. Paul every human person can say, "He gave himself up for me" (Gal. 2:20), that is, He sacrificed even His own blood for me. And if our own soul., is so valuable in His sight, so is the soul of every other human being. Therefore, it teaches us zeal for souls and forms a powerful motive for missionary undertakings. It also teaches us the value of suffer-ing. If Jesus was willing to go to the extreme limit of shedding His own blood for me, how can I refuse Him the lesser sufferings and inconveniences and sacrifices He asks of me? Modern man tends to regard suffering as the greatest evil. The precious blood, on the other hand, teaches us that sin is a greater evil, because the Son of God was willing to undergo even a bloody death in order that sin might be taken away. The precious blood also supplies us with important motives for contrition and. amendment, for by sin we offend Him "who has loved us and washed us from our sins in hi~ own blood" (Apoc. 1:5). By committing mortal sin we lose all the sanctify-ing grace purchased for us at the price of our Redeemer's blood. Baptism an'd penance cleanse us from sin and punishment insofar as ¯ they infuse sanctifying grace and thus apply the merits of the pre-cious blood. The sacramental anointing with holy oil in confir-mation and 'extreme unction give supernatural strength to the soul because they apply these same merits in their specific way and for their specific purposes. Holy Orders and matrimony give the special graces for which they were.instituted and in'that way apply the merits of the blood of redemption to the recipients to enable them to fulfill the obligations of their respective states of life. The Holy Eucharist nourishes the recipient on the very blood itself that he may have everlasting life and be raised up on the last day (John 6:56). These examples will suffice to illustrate the manner in which 'we can regard the eternal truths from the aspect of the precious blood. For those who have not been using this approach, it may serve as a welcome variation in their prayer and meditation. St. Gaspar del Bufalo used this approach to great advantage. God blessed his efforts. By canonizing him the Church proposes him as a model for all of us. May we benefit by his example! 140 Community Lit:e Bernard I. Mullahy, C.S.C. yOU often hear it said that one of the principal reasons why there are not more vocations to the religious life is that young people find it hard to give up their social life, or that one of the things young women find most difficult in the convent is the lack of social life. Everyone understands What is meant by this, of course; yet, to suggest that in reality the religious life means a denial of social life is to misunderstand either the nature of the religious life or the true meaning of social life or, more fundamen-tally, the nature of the Christian life and its relation to the re-ligious life. The religious life is not something apart from thi~ Christian life, not even something added on to it; it is the Christian life lifted to its maximum dimensions. The religious life is simply a state which provides the best conditions for living the Christian life in the fullness of its perfection and beauty and splendor. Our religious vows are buta fulfillment of our baptismal vows; and perhaps the fact that so many of us have the habit of renewing our religious vows frequently while .hardly ever thinking of renewing our bap-tismal vows is an indication that we do not appreciate clearly and explicitly enough the vital relation between what happened to us on the day of our profession and what happened to us on the day of our baptism. Religious vocation is a flowering of our original vocation to be Christians, and we would surely have a deeper un-derstanding of the implications of our religious life if we had a fuller and clearer appreciation of the meaning of the Christian life. Now the Christian life is essentially a social life. It is a par-ticipation in the communal life of the Trinity and of the Mystical Body. And it goes without saying that this is the most intimate and intense social life conceivable. If then the whole meaning of religious vocation is to lift the Christian life to full perfection, it follows that one of the main purposes of the religiou's life, particu-larly in its cenobitic form, is to enal~le the Christian to live the sociai life of the Mystical Body and of God Himself in the fullness of its intensity and intimacy. This, it would seem, is the inner meaning of our community life. If we are not sufficiently conscious of this inner meaning, the reason may be that we are in the habit of viewing community life 141 BERNARD 1. MULLAHY Revietv {or Religious too much as a purely disciplinary thing, as something which rigor-ously rules out all singularity; every tendency to withdraw from community recreation and other community functions, every infrac-tion of the common life which might offend poverty in any way: we do not view it in the whole context of the Christian life, nor do we trace it back to its doctrinal and sacramental sources. There are three principal aspect~ of the Christian life: doctrine, worship, and moral action; or, in other words, the three C's: creed, cult, and code. In the spirituality characteristic of our times, there has been a tendency to stress code and moral action in isolation from creed and cult, from doctrine and worship. When this is done the Christian life and the religious life are viewed primarily in terms of asceticism, in terms of spiritual practices which are seen less as acts of divine worship than as exercises to perfect the soul. There is a concentration on sanctifying the will by a pattern of ascetical rules without at the same time illumining and enriching the mind with the doctrinal wellsprings of the Christian life. This tends to make the Christian life a kind of ethical and legalistic thing. Perhaps we have been in the habit of thinking of community life too much from this point of view. Perhaps we have seen it too much in terms of code, and not enough in terms of creed and cult; and it might be helpful for us to try to situate it in its proper context of doctrine and worship. To try to get at the doctrinal source of community life is to ask the question, Where is community life lived in its fullest and most perfect form? The answer, as we have already suggested, is: the Blessed Trinity. The life of the Trinity is essentially a com-munity life. G6d not only has community life, He is community life. He is a community of three Persons whose life,consists in an eternal, mutual outpouring of light and love, an outpouring that is so intense and so utterly altruistic that it constitutes the very per-sonality of the members of the community. Here is community life in its perfection: the personality of each of the members consists in being a living relation to the other members, nothing more, nothing less. Here is the common life in its fullest dimensions: none of the members possesses-anything absolute, anything at all, by Himself alone; everything absolute is shared in common. Here, as in a re-ligious community, the common life is founded on poverty, that mysterious, infinitely rich poverty of the three divine Persons which make it impossible to possess anything absolute as belonging to them personally. 142 Mag, 1955 COMMUNITY LIFE Our religious vows meant an entrance into a community life. So also did our baptismal vows. At baptism a real participation in the infinitely altruistic, communal life of the Trinity was put into our souls; and we were caught up in the intense and intimate social intercourse of the three divine Dersons. From then on we were des-tined to live the community life of the Mystical Body of Christ. From then on our vocation was to live not an isolated or insulated or introverted life, but a life of perfect altruism. This meant that our Christian personality would have to have something of the per-sonality of the three divine Persons; we wduld have to become a living relation to others: our joys, our riches, our prayer would have to be theirs; their poverty, their sorrows, their sufferings would have to be ours. The community life of the Mystical Body is a thing of vast proportions, for it embraces the whole Communion of Saints: the Church militant and suffering and triumphant. The proportions are so vast and the states so different that it is difficult for us while in this life to realize its far-reaching implications. Even if we limit our view to the Church militant, the distances are so great, there is such a lack of immediate contact, and there are so many differences of national traits and cultures and backgrounds, so many divisive forces, that it is not easy for us to have the sense of achieving close social intercourse. The parish is, of course, the natural communal unit in the Mystical Body; but here also differences of backgrounds and occupations and many other things seem to put a limit upon the intimacy and intensity of the social relations. The family, too, has its drawbacks, such as the immaturity of the children, for ex-ample. But in the religious community all these limitations dis-appear; and perhaps we may be permitted to think that one of the principal reasons why God brought religious communities into ex-istence was to provide a state which would have the ideal condi-tions for living the communal life of the Blessed Trinity and of the Mystical Body with the fullest intensity with which it is pos-sible for man to live it here on earth. In the religious state ~ire found the most perfect conditions for reflecting the social life of God. Here everyth{ng is possessed in common, and what belongs to one belongs to all. Here the barriers, the divisive influences, and the differences in interests and o.~cupations so often found in the world disappear. All are inspired by the same common purpose; all are governed by the same religious rule; all are formed in the same spiritual life and .participate in the same spir~ BERNARD I. MULLAHY itual exercises. Here we should expect to find the fullest achievement of social life, the highest form of altruism, the most perfect self-lessness, the least degree' of spiritual introversion. Nowhere should social consciousness be more delicate and strong, more sensitive and refined. Here, as in the community life which is God, there should be a constant outpouring of light and love upon others; and, like a reflection of the members of that divine community, each religious should' be a kind of living relation to all the others. In a word, since the Christian life is essentially a social life and since the purpose of the religious state is to bring the Christian life to its full devel-opment, we should expect to find nowhere more than in a religious community the perfect answer to the prayer of Christ after the Last Supper: "That they all may be one even as thou, Father, in me and Iin thee; that they also may be one in us. I in them and thou in me; that they may be perfected in unity." That this ideal is not always fully realized hardly needs to be mentioned. Everyone knows that, even in the extremely favor-able conditions for social life provided by the religious state, social .maladjustments and social tensions can and do exist, that not in-frequently individualism and spiritual introversion are developed to a high degree. There are undoubtedly a good many reasons for this. But may not one of the principal reasons be, as we have already sug-gested, the tendency to stress the code of the religious state in iso-lation from the whole context of the Christian life? When the religious life is viewed principally in terms of asceticism and dis-ciplinary regulations, when more insistence is placed upon the moral virtues than upon the theological virtues, when the various practices which go to make up the spiritual program are viewed more as exer-cises of the spiritual athlete than as acts 0f divine worship, and when there is more insistence upon self-perfection than upon charity as the goal of the spiritual life, it is hardly to be wondered at if some religious succumb to the temptation to turn in upon themselves and to become spiritually introverted. And, when the official prayer life of the Church suffers at the hands of spiritual individualism and private devotions, when the liturgical life is not lived fully by the religious, and when his community life does not find i~s full and natural expression in the communal worship of the Mystical Body, it seems inevitable that the social implications of this community life will not be brought to fulfillment. Since the Christian life is essentially a social life, it is only natural that the official prayer lif~ of the Christian, the liturgy, 144 May, 1955 COMMUNITY LIFE should be essentially a social worship. And, if the purpose of the religious life is to. bring the Christian life to its ~perfection, are we not entitled to expect that, while each religious society will natur-ally want to insist on its own proper spirituality and spirit, the official social worship of the Church will also be brought to ful-fillment in it? May we not be permitted to suspect that one of the purposes God had in mind in raising up religious communities was to bring about the best conditions for communal worship? It seems incongruous and inconsistent to insist on community life without insisting on communal worship. Yet there are religious congregations which make much of community life in all its minute disciplinary details all the way. along the line (and not infrequently in an all too univocal way which confuses unity and uniformity) until it is a question of worship, and then individualism and sub-jectivism take over, at least to a large extent. We even find paradoxical situations in which private prayer is made public and public prayer private. Nothing could be more. personal and intimate than mental prayer. Yet it is not uncommon to find it turned into a kind of public exercise, with the same subject for meditation read out for the entire community the evening before, and all the same points read out in public during the meditation period the next morning. On the other hand, the greatest public act of worship, the Holy Sacrifice of the Mass, is often treated like a private devotion. It seems, therefore, that the community life of religious needs a rich doctrinal source in the dogma of the Church and a rich sacra-mental source in the liturgy of the Church. And, of course, the sun and center of the whole sacramental background of corhmunity life is the Eucharist. The Blessed Sacrament is the basic foundation for the common life because, as St. Thomas Aquinas points out, it contains substantially the common good of the whole Church. The community, life of a religious congregation will depend in lar, ge measure upon the way in which the Mass is understood and loved by the religious and upon the way it is participated in by the com-munity. In a very particular way, community life will depend upon the attitude of the religious towards Communion. In modern times there has been a very paradoxical attitude among Catholics. Some, re-alizing that Communion is not necessary to fulfill the obligation of hearing Mass on Sunday have come to look upon it as a purely external addition to the Mass. Others have made it the focal point 145 BERNARD I. MULLAHY Re~ieu] ~:or Religious of the whole Mass, as though the Mass were a Communion service rather than a Sacrifice. This latter attitude is the more common among religious. Comr~union viewed as an intimate personal union between the individual soul and Christ is made the center of at-tention; and, with the notion ~of sacrifice pushed far into the back-ground, the part of the Mass which precedes Communion is spent in a personal preparation for the reception of Christ; and the part afterwards, in a personal thanksgiving. It has not been unknown for religious communities to receive Communion regularly every morning before Mass so that the religious might spend the entire Mass in making a private act of thanksgiving. Fortunately, this sort of thing is becoming more and more rare. Communion can play its proper role in our community life only when it is viewed in its proper relation to the whole Mass, and the Mass in turn is viewed in its proper relation to the whole liturgical life of the Church. Then Communion xvill be seen as a social, sacrificial banquet in which the members of the Mystical Body corporately share in the Sacrifice and by feeding upon the Victim make of themselves one corporate sacrifice with Him. As Thomas Aquinas and other theologians have insisted, Com-munion does not mean merely a personal, private union between the individual soul and Christ: it also means a union of the mem-bers of the Mystical Body. Its proper effect is not merely something personal and individual, but something social and communal. Its purpose is not simply to give spiritual nourishment to tl~e individual soul, but to strengthen and intensify and revivify the manifold social bonds by which the members of the Mystical Body are made .one in Christ. Communion is directly related to the Christian community as a community. And for the religious, Communion is directly related to living the community life. If, as day follows day, the Communion of the religious is not gradually bringing about greater and more .sensitive social consciousness, a fuller and more perfect participation in community life, a stronger and more delicate exercise of fraternal charity, a more mature forbearance of the faults and failings of others, a greater capacity to cope with the misunder-standings and tensions which tend to creep into even the best com-munities, and a more generous acceptance of the many trying crosses which the common life always involves, something is wrong. Dhily Communion sometimes goes on for years withotit mu~b evidence of that growth in sanctity which would normally be ex-pected from° such frequent and intimate:contact with the source 146 ,~la~, 1955 COMMUNITY LIFE of all sanctity. As we have suggested elsewhere,1 one of the chief reasons for this phenomenon might very well be a lack of proper appreciation of the direct and essential relation between Com-munion and community. Because of this relation, any failure to live community life in its fullness will be an obstacle" to the full effects of Communion in our lives. It is not uncommon to find members of communities who by certain standards are considered excellent religious, and yet who seem never to have realized the social implications of their religious vocation. They are faithful to their rule, but in a very legalistic way. They are meticulous about every disciplinary detail; they are generous and sometimes even heroic in the practice of asceticism; and they are obedient enough when any of the obligations of com-munity life are pointed out to them; yet, intent upon their own spiritual life, the goal of which they conceive to be their own personal perfection rather than charity, they live a very individu~l-istic and insulated life. They never seem to enter fully into com-munity life nor to have any spontaneous contribution to make to it. They are socially cold and unimaginative. Just as demanding With others as they are with themselves, they find it difficult to under-stand and to sympathize with certain weaknesses of their fellow religious. Their fraternal charity is a kind of practised, artificial thing, lacking in warmth and mellowness. They are without social sensitivity and find it hard to enter into the feelings of others, to anticipate their wants. They are not thoughtful: and, when others are in need of help or there is some kind of community project to be taken in hand, they are usually busy with other things. All this may very well be due, at least in large measure, to a failure to understand and appreciate the doctrinal and liturgical background of community life in general, and to a wrong attitude towards Holy Communion in particular. These religious have never been made to understand clearly the social implications of Communion and have habitually viewed it only as a personal experience, an exquisitely close and intimate contact between Christ and their soul. Communion is thus but a part of their whole spirit-ually introverted program. It was the social virtue of fraternal charity that Christ gave as the distinguishing mark of the Christian. And, if the purpose of the. religious life is to bring the Christian to his full stature, in plenitudinern Christi, this social virtue should surely shine forth 1 Cf. "The Common Good," Worship, XXVII, No. 7, 345. 147 BERNARD I. MULLAHY Review ~o~ Religious in religious in all its splendor. This is the whole meaning and pur-pose of their community life. .In a sense, community life makes fraternal charity more difficult.because close living together seems to accentuate the many faults and failings of human nature which are often so hard to put up with; but at the same time it provides the most perfect conditions for living fraternal charity in its fullest dimensions. Religious are often anxious, especially at the time of retreats, to find some norm whereby they may assess their spiritual growth. The measurement of spiritual progress is a very complex and an easily deceptive thing, and it is difficult to find a reliable norm to go by. But insofar as there is any reliable standard at all, it is surely the social virtue of fraternal charity. "By this will all men know that you are my disciples." And it is principally in terms of their social life that religious will be judged at the end. "In the eventide of life," says 3ohn of the Cross, ."they will examine thee in love"; and he is merely paraphrasing Christ's own description of the last judgment in which everything is made to depend upon social life: "I was hungry and you gave me to eat." Rooting the idea of community in its proper doctrinal and liturgical sources will help to avoid some of the misconceptions and excesses which not infrequently accompany the common life. One of the most ordinary of these is the confusion between unity and uniformity. The common life is viewed all too often in a perfectly univocal way and any lack of uniformity even in the smallest de-tails is considered a breach of unit~. There results a kind of lock-step existence; short shrift is made of personal initiative and re-sourcefulness, "and the religious "with ideas" becomes suspect. Even in minutiae the religio~s are expected to do only what their elders have done and are doing, and woe to the one who suggests that there might be a better way. Regulations multiply and accumulate in an attempt to organize the life of the religious down to the slight-est detail. Customs which .once made sense because of special cir-cumstances of time or place but which have long since lost their significance and propriety are held 'as sacred and inviolable. The accumulated weight of regulations and customs crushes and stifles' "the liberty of the children of God" which the religious came to the community to find. Community life becomes top-heavy: all initiative comes from the top; local superiors must get directives from higher superiors even in relatively trivial matters; and within the local house all new ideas, if they are to have any value, must orig- 148 Magl, 1955 COMMUNITY LIFE inate with the superior. Such a program is well calculated to pro-duce a standard product, a religious whose.chief characteristics are neutrality, passivity, and automatism. This description is undoubtedly sbmething of a caricature, but does it not point up a real problem? And is not the only adequate solution that broad and, beautiful vision of the corporateness of. the Mystical Body and of the liturgical life of the Church? Here is the closest and most intimate unity, but at the .same time the greatest variety and flexibility. Here is a structure that is not me-chanical and rigid, but organic and supple. Another difficulty in connection with community life is that it often tends to cut the religious off from participation in a broader communal life and thus, paradoxically, to create a kind of com-munity individualism. To what extent non-cloistered religious can and sbould participate in'the communal Christian life of the parish in which they are stationed is a. question that is too complex and too delicate to be treated here; but it is a question which sbotild be faced. For the most part, the community life of the religious cuts them off and isolates them from corporate parochial life, and perhaps it would not be im13ossible.to find ways and means of enabling them .to partidpate, to some extent at least, in the com-munal worship of the parish, which is, after all, the natural social unit of the Mystical Body. The paradox of community" individualism is also found fre-quently in an exaggerated esprit de corps which develops a kind of sectarian spirit among religious. It is perfectly in order for a re-ligious to be proud of the traditions and the accomplishments of his own congregation and to prefer its characteristic life and spirit to that of any other community. All that is part and parcel of his vocation to that particular sodiety. And there is such a thing as a holy rivalry between communities. But it is also possible for a com-munity spirit to become excessive, to canonize too easily the tra-ditions and methods proper to the congregation, to develop a false pride which in many subtle and implicit ways looks down upon other communities and which closeq the congregation in upon itself and makes it impervious to good influences which might come to it from others. Here, as elsewhere the only remedy is that total view of the communal life of the Church found in its doctrine and its .liturgy. St. Augustine's dream of the reign of Christ's love upon earth which prompted him to say, "And there will be one Christ loving 149 c. A HERBST Review For Religious Himself," should find its fullest realization in the community life of religious. Christ is living in each religious; and, when the com-munity is bound together in fraternal charity, there is but one Christ loving Himself. No one can sing the hymn "Ubf Caritas'" with greater truth and meaning than the religious. "Congregat2it nos in unum Christi amor.--It is the love oL-Christ that has brought us together and made us one." The. Third Mode of blumili :y C. A. Herbst, S.3. EACH master of the spiritual life has certain ideals whic.h are distinctive and which he considers of the utmost importance ~n his plan for achievirig perfection. For St. Ignatius of Loyola, the Third Mode of Humility is one of these. He thus pre-sents it in the Spiritual Exercises: "The third is most perfect hu-mility; namely, when--including the first and second, and the praise and glory of the Divine Majesty being equal--in order to imitate and be more actually like Christ our Lord, I want and choose poverty with Christ poor rather than riches, opprobrium with Christ replete with it rather than honors; and to desire to be rated, as worthless and a fool for Christ, Who first was held as such, rather than wise or prudent in this world." In order right in the beginning to get a better understanding of this, it will be well to present a fuller expression he gives in another place. "They must diligently observe, esteeming it of great import-ance and of the highest moment in the sight of our Creator and Lord, how much it helps and contributes to progress in spiritual life, to abhor wholly and not in part what the world loves and embraces, and to accept and desire with their whole strength what-soever Christ our Lord loved and embraced. For as worldly men, who follow the things of the world, love and with great diligence seek honors, reputation and the credit of a great name upon earth, as the world teaches them, so those who are advancing in spirit and seriously follo'w 'Christ our Lord, love and earnestly desire things which are altogether the contrary; that is, to be clothed with the same garment and with the livery of their Lord for His love and reverence: insomuch that if it could be without offence of the 150 Ma~l, 1955 THE THIRD MODE OF HUMILITY divine Majesty and without sin on the part of their neighbor, they would wish to suffer reproaches, slanders and injuries, and to be treated and accounted as fools (without at the same time giving any occasion for it), because they desire to imitate and resemble in some sort their Creator and Lord Jesus Christ, and to be clothed with His garments and livery; since He clothed Himself with the same for our greater spiritual good, and gave us an example, that in all things, as far as by the assistance of God's grace we can, we may seek to imitate and follow Him, seeing He is the true way that leads men to life." (Examen Generale, IV, 4.) We should know what the other two modes .of humility are in order to understand the third. I have the first when I so subject myself to God that I am ready to give up everything, even life it-self, rather than commit a mortal sin. I have the second when I so subject myself to God that I am indifferent to created things and am ready to give up everything, even life itself, rather than commit a venial sin. Subjection to God is the note common to the three; but the third is so different from the other two that there is a dis-tinction not of degree only, but of kind. The idea behind the third mode of humility is perfect imitation of Christ "Who, having joy set before him, endured the cross, de-spising the shame" (Heb. 12:2). We want to imitate Christ per-fectly. We want what He had, even, especially, the hard things. The early Christians ambitioned, and often attained, actual perse- ¯ cution and death. But, when peace came to the Church in the Ro-man Empire after 312 A. D., they could no longer look forvOard to martyrdom. What were the.y now to ambition as the apex of their spiritual ascent? Thence stemmed the doctrine of bloodless martyrdom in asceticism and the religious life. From this stream of spiritual development, the author of the Spiritual Exercises drew his ideal of self-renouncement for Christ. The driving force in fervent souls is to "get to Christ." We have a splendid example of this in St. Ignatius, martyr and apos-tolic father. His motto was: "My Love is crucified." When on his way to martyrdom he wrote: "I am now beginning to be a disciple; may nothing visible or invisible prevent me from reaching Jesus Christ. Fire and cross and battling with wild beasts, their clawing and tearing, the breaking of bones and mangling of mem-bers, the g~ind!ng of my whole body, the wicked torments of the devil--let 'them all assail me, so long as I get to Jesus Christ." (Ad Romanos~ 5; Father Walsh's translation.) "Ignatius of Loy- 151 C.A HERBST Review for Religious ola sensed, so to speak, his spiritual affinity with this man of the early Church when, in honor of this Saint, he changed his name from Inigo to Ignatius and in one of his letters styled him 'that glorious Saint for whom I have in Our Lord, or wish to have, a very special reverential devotion.' " (Rahner, The Spirituality of St. Ignatius Loyola, 59-60.) We might be inclined to think the third mode of humility as beyond our reach, as heroic. Is it heroic? Perhaps. Surely not in the sense explained by Pope Benedict XIV in his great work on the canonization of saints. But it may be heroic in a general and popularly accepted sense of the word. One who gives his life in a cause is commonly considered to be h~roic. A soldier must be ready tO die for his country. This is expected of every soldier. Yet, if he actually die, he is considered a hero. Sainted martyrs gave their lives rather than offer incense to false gods. In that they did only what they were obliged to do; yet they are considered God's heroes, heroic. At confirmation the bishop gives every Chris-tian a slight blow on the cheek to remind him that he must be ready to suffer anything, even death, for the sake of Christ. This sounds as though it is asking for heroism which, however, is pre-sumably within the reach of all. In the same way the heroism of the third mode of humility might reasonably be expected of those who are professionally travelling the high road of perfection. It almost looks as though a religious in making his profession has deliberately chosen as his way of life the third mode of humility. When he says, "I vow poverty," he says, "I want and choose pov-erty with Christ poor rather than riches." By taking a vow of chastity, he may be calling upon himself the disapproval of "worldly men, who follow the things of the world." By the vow of obedi-enc~ be is laying aside his own will by vcbicb be might push on to wealth, honor, and power. By pronouncing his vows, a re-ligious. has professionally taken on that foolishness of God which is wiser than men and that weakness of God which is stronger than men (I Cot. 1:25). He has/aid himself open "to be rated as worth-less and a fool for Christ, Who first was held as such, rather than wise or prudent in this world." ~The third mode of humility is a habit of mind, an habitual disposition of heart. A" striking act of self-abnegation now and then or even a spurt of fervor occasionally is not sufficient. It must become a way of life with us, a place in which we live. Father Considine puts it well in "A Question as to Ideals" when he says: 152 Mav, 1955 THE THIRD MODE OF HUMILITY "Within this region the Saints . . . have occupied sumptuous man-sions, in central and commanding positions, whereas the modest dwelling of any one of us may be no better than a poor cottage on the outskirts. But, poor as this dwelling may be, it must be within the border." (Woodstock Letters, 1908, 363.) Even of our miserable little hut on this high plateau we might say: "Better is one day in thy courts above thousands. I have chosen to be an abject in the house of my God, rather than to dwell in the taber-nacles of sinners" (Ps. 83:11). How I can come to live there is what should be of great con-cern to me. There is close approach to, or passive practice of, the third mode, if we make "acts of sincere th.ankfulness, as often as any little share of the cross falls to our portion. Even supposing that, on one occasion.or another, we have brought some humiliation on ourselves by our own imprudence, we may, while most heartily regretting the fault or error of judgment, no less heartily thank God that we have at least some opportunity of making up for the fault or error, through the patient endurance of discomfort or even (it may be) the contempt which it has brought on us." (Woodstock Letters, 1908, 372.) We need not search far to find ample matter for living this life with Christ, "despising the shame." "The life of a religious is full of occasions in which he is blamed, or forgotten, or scorned, or ridiculed, or humiliated . We must expect little humiliations that fall upon us at any time and in any place--in the form of failure, lack of consideration, disapproval and small acts of ingrati-tude; we must suffer the offense of angry words, words that hurt, words of ridicule; we must bear outright and thinly veiled refusals; our cross may consist in lack of approval, lack of sympathy, scorn or contempt expressed by a look, a gesture, an attitude, or in being left alone while another is made much of; we may be faced with open or hidden criticism which we surmise or discover by accident ¯ . . our meager talent, our character, our health, our appearance." (Vermeerscb, Miles Christi Jesu, 151, 154.) Thomas ~ Kempis says: "What pleaseth others shall prosper, what is pleasing to thee shall not succeed. What others say shall be harkened to; what thou sayest shall be reckoned as nought. Others shall ask and shall re-ceive; thou shalt ask, and not obtain, Others shall be great in the esteem of men; about thee nothing shall be said. To others this or that shall be committed, but thou shalt be accounted as of no use." (Imitation, III, 49, 4-5.) 153 C. A HERBST Reuiev3 for Religious I offer myself to our Lord for all these things. This m~y be .a general offering of futurables but they may be actuated at any mo-ment. Perhaps I am living with some of them right now. At any rate this offering shows a habitual disposition consonant with the third mode of humility, and there lies hidden in it not a little faith and love. When I am passed over or slighted or snubbed, I hope I may be able to bear it at least patiently. I make a great advance when I come to accept such things willingly and even with love for the love of Him who "loved me and delivered himself for me." Wl'ien I come to accept them with joy and even enthusiasm, glad that the Father has placed me with His Son, I 'have travelled far. This offering of myself for humbling things and the patient, loving, joyous acceptance of them should lead me to have the wish to have the desire for humiliations. "For though I burn not with so great desire as Thy specially devout servants, yet, by Why grace, I have a desire of this same greatly inflamed desire, praying and wishing that I may be made partaker with all such fervent lovers, and be numbered in their holy company." (Imitation, IV, 14, 3.) From the desire of the desire we ought, by God's grace, soon to pass on to "desire to be made little of, neglected, passed over, have little influence, even be regarded as suspect, be criticised, reproved, ridi-culed. We ought to have no desire for first place, for the higher offices . . . association with the more wealthy, the more aristocratic, or the leading men, no desire for the larger cities." (Coemans-Germ-ing, Commentartj, n. 251.) This, in a small way, is "to desire to be rated as worthless and a fool for Christ, Who first was held as such, rather than wise or prudent in this world." No motive but love is strong enough to carry one through to the attainment of so high an ideal. Without love even martyrdom of blood is to no purpose. "And if I should distribute all my goods to feed the poor, and if I should deliver my body to be burned, and have not charity, it profit~th me nothing" (I Cor. 13:3). It is the same with bloodless martyrdom. And it must be a love of imitation and companionship. "With Me," Christ the King invites. "With Christ I am nailed to the Cross" (Gal. 2:19). "In what place soever thou shalt be, my lord, O king, either in death, or in life, there will thy servant be" (II Kings 15:21). Love always finds a way. I surpass desire when I am on the watch for opportunities and actually seek out occasions for practicing the third mode of hu-mility. There are always the humbler tasks to which no one pays 154 Ma~!, 1955 MARY AND JOSEPH FIND ,JESUS' any attention and to which are attached no praise or glory. Others will gladly let me have them. I can deliberately pass by positi6ns of influence and authority. I can accuse myself of my faults in a loud and clear voice. It may be more humbling dutifully to tell another his faults than to be told my own. The dependence ~ind humility implied in ~sking a permission, especially when I may be refused, is precious. It is sometimes all right deliberately to fail to show off my superior knowledge or ability. Letting others have the nicer place or things and allowing them to pass ahead of me is Christlike, too. In confession I can mention circumstances and motives connected with my faults that will be very humiliating. And so on. Love will find many other ways. This is the positive, aggressive, strong, earnest, eager, enthusiastic way "to be clothed with His garments and livery." Mary and ,Joseph Find ,Jesus Paul Dent, S.d. EVEN Mary and Joseph cannot find You when You choose to be hidden from them. But You mercifully choose to let them find You, too, lest I despair of ever seeing You face to face, 0 Jesus. Mary leaves Joseph for the women's court, thinking prayerfully, "Quam dilecta tabernacula tua, Domine. Concupiscit et del~cit anima roea in atriis tuis.'" A mother passes by, followed by her boy. How like Jesus he is! Mary looks around at her side to compare the two, and He is not there! Disappointed, she thinks immediately, "He must have stayed with Joseph this time. How fortunate Joseph is to have Jesus with him! How unworthy I am to have Jesus with me! With all my heart I want Jesus with me, but still I do not want Joseph to be without Him. I shall be patient and spend the day in loving hope of seeing Jesus at the end." Thus the day passes in loving hope, and it ends in disappointment. For Jesus is not with Joseph either, and now they both bare lost Him--neither of whom had ever lost Him before! But Mary loses no time in self-pity, much less in blaming Joseph. For quite simply Joseph would not be careless about Jesus. Mary realizes at once she is confronted with a deliberate act of God, a 155 PAUL DENT mystery she does not now understand but which God will make dear to her when He wills. Meanwhile they must go immediately to look for Jesus, calmly, hopefully, not frantically. They must go prayerfully, too. God guide their footsteps. Then there come three days, and perhaps nights, too, of looking for Jesus; and it is a search that is con[ident. For He knows of it and will reveal Himself to them when God wills. Mary and Joseph seek Jesus humbl: , too, realizing they are not worthy to find Him, much less to keep Him with them in their own home. They are persevering also in their search, for Jesus, for duty and love drive them on continuously. Duty obliges the world's best parents to give the world's best care to the world's best Child. The love driv-ing them on is that of creation's greatest lover--Mary Immaculate! --and that of her all but equal--glorious St. Joseph !--for Jesus Christ Himself, beloved Son of God. "'Nec lingua valet dicere, nec littera exprimere, expertus potest credere quid sit desum diligere." Or, as convert Father Caswall worded it, "Nor tongue nor pen can show the love of Jesus. What it is, none but His loved ones know." So Mary and Joseph, who have experienced more than others what it is to love Jesus, seek Him lovingly, so lovingly that all they think, choose, say, do, or suffer is just one thing--seeking Jesus lost. If all I think, choose, say, do, or suffer is just one thing, the one thing necessary--a seeking of Jesus lost or of Jesus never even heard of amid the dust and turmoil of the incalculable billions of thoughts, choices, words, actions, and sufferings of the innumerable billions of human beings of the past, present, and future--then truly I am in the company of Mary and Joseph; truly we three are seeking Jesus, and truly not only we three, but very many others whom we help, will find Jesus foreveL Then we shall all sing forever with new understanding and inexpressible joy "'quid sit desum diligece--what it be to love Jesus!" And those other words of this great and tender hymn of the Ages of Faith, this "'desu Dulcis Memoria," will resound forever as our arisen and immortal voices sing sweeter than earth's loveliest ~ing-ing, "Quocumque loco fuero JESUM MECUM DESIDERO! Quam laetus cure int;enero! QUAM FELIX CUM TENUERO~.--In whatsoever place I be, Jesus, I want You there with me. When You I find, how happy I! How blessed when I have You by!" 156 THE APOSTOLATE OF CHASTITY. By Ferdinand Valentine, .O.P. P ). 245. The Newman Press,.Westm~nster, Maryland, 1954. $3.25. ; The vow of chastity is a subject which comes in for much dis-cussion in modern ascetical literature. This interest may be con-trasted with an attitude which prevailed in days gone by that the vow of chastity needed no explanation. The need for an explana-tion of the vow of chastity may differ from age to age and place to place; but there is no doubt, I believe, that religious may profit from a thorough and competent treatment of chastity such as Father Valentine offers. The A)ostolat'e of Chastit~l is both broader and narrower in scope than its ~itle would indicate. It is narrower in that it treats only of the apostolate of religious women. It is broader in its con-cern with other aspects of this vocation. The first chapter, for in-stance, deals with the problem of prcJmoting vocations. Superiors will find some very prudent suggestions concerning the pr.oper at-titude to be taken .toward vocations. The second chapter then deals with some problems of psychological fitness. The rest of the first section goes on to discuss the problerfi of religious adaptation tO modern times. The author dbes not take .up the problem 'of chastity proper until the beginning of the second s.ection of the book. He intro-duces this section with a catechetical treatment of the vow and" virtue of chastity,; and then goes on to what appear~ .tO be the heart of the book--a treatment of the apostolic aspqct. "9.f .chastity. The theme of this section ,would seem to be' that 't.,h~ ~orfian will find in virginal chastity "not an asceticism which rFstrains and represses her natural gifts as woman and mother, but rat~er'.their spiritual elevation and fulfillment . " This is certainly a healthy and a positiye attitu,d,e toward chas-tity, and one which it would be well for religious .women to .under-stand clearly. But there is a tendency among.modi~rn authors to justify virginity by try!.ng to make it look as much like ma~rri.age as possible. There is certainly room for analogy" between perpetual chastity and marital chastity, but there is also a danger to be re.ck-oned with. perpetual chastity, from whatever angle you .yiew it, 157 BOOK REVIEWS Review for Religious involves the renunciation of marriage and haarital privileges. There is a certain negative.aspect of religious chastity, then, which cannot be overlooked, and which it would be foolhardy to ignore. There are forces for which the religious life offers no outlet whether direct or by ways of so-called sublimation. Herein lies the sacrifice of the religious. So, while one must condemn the morbid fear of sex and sin which cripples the apostolate of some religious, one must leave room for a healthy fear. This fear will be based on a clear under-standing of the religious renunciation and the difficulty of controll-ing the forces thus held in check. Such fear, far from doing damage, will protect religious chastity and set a safe limit to the love that may be practised in religion. I believe that the author was aware of all this, but it may be that he thought it beyond the scope of his work to stress it. But religious women will find the book inspiring and stimulating, though at times difficult .reading.-~JOHN R.CONNERY, S.J. FATIMA IN THE LIGHT OF HISTORY. By Costa Brochado. Translated and edited by George Boehrer. Pp. 231. The Bruce Publishing Com-pany, Milwaukee, 1954. $4.50. With rare common sense the author of this latest book on the apparitions of Our Lady at Fatima has limited himself to historical analysis, and left supernatural elements to the competence of trained theologians. The translation is lucid and forceful and makes intensely interesting the somewhat tedious chronicle of Portugese history. With inspiring results, the unconquerable Catholic heritage of the country is traced th, rough centuries of political and religious up-heaval. The tragic, yet factual and objective, narration of the havoc initiated by the Marquis of Pombal, and forwarded by the anti-religious iddals of Masonry, reveals a tremendous need for the spir-itual revitalization of Portugal which providentially succeeded the apparitions of Our Lady of the Rosary. Pombal, Mr. Brochado as-serts, was ultimately responsible for shatteiing the religious unity of the country. By such planned offensives as the banishment of the Sbciety of Jesus, severance of relations with the Holy Se~, and open-ing the country to the destructive forces of Protestantism and Latin Masonry, Pombal made it possible for the Triangle to supplant the Cross in Portugal. Assaults on Churches, exile of prelates, state control of religion, secularization of schools, profanations, robber-ies, arson, murder--this is the pitiful picture of the country as it agonized and labored to preserve its Faith against the .enemies of 158 Mag, 1955 BOOK REVIEWS God and all things Catholic. And yet, the influence of the Blessed Virgin was never absent. Two centuries before the definition of the dogma, Portugal had consecrated herself to the Immaculate Conception and had taken a solemn oath to defend and propagate belief in Mary's perpetual sinlessness. Furthermore, the rosary had been for centuries the lead-ing Marian devotion of the portugese people, culminating in a ver-itable "crusade of the Rosary". in the midst of,frightful persecutions immediately preceding the apparitions of 1917. Portugal had not abandoned her patroness in the hour of trial, and our Lady did not forget her heroic fidelity. Since the events of Fatima, the Church's enemies have suffered great defeats in Portugal. The rapid revival of faith and hope in the hearts of the Portugese people is perhaps the surest sign that the Virgin has again triumphed by crushing the head of the serpent. .The reader of this book may feel, however, that Mr. Brochado has taken too local a view of the significance of Fatima. Despite his purpose, as stated in tbe translator's preface, " to "place those events [the apparitions] in their historical setting and to consider their efl:ects on subsequent bistor~l,'" (italics mine) Mr. Brochado barely hints at any world implications. He deliberately avoids all reference to subsequent developments, such as the state-ments of Lucia which involve our Lady's desire for devotion to her Immaculate Heart, the First Saturdays, the conversion of Rus-sia, or the vision of hell with its threat to sinners the world over. Are these developments sufficiently historical to merit mention? The question is admittedly disputed. But inthis reviewer's opinion, the Holy Father's consecration of the world to the Immaculate Heart in 1942 and of Russia in 1952 has far-reaching repercussions, at least implicitly connected with the events of Fatima, which should not be ignored. It is noteworthy that Manoel Cardozo, in his pref-ace to Mr. Brochado's book, also seems to have sensed this lack of perspective: "Fortunately for us, Our Lady did not appear for the exclusive benefit of the Portugese (though they were favored above all others)."--VINCENT J. FORDE, S.J. SO SHORT A DAY. By Sisfer M. Eulalia Teresa, S.N.J.M. Pp. 281. Mc- Mullen Books, Inc., New York, 1954. $3.00. This book is the story of Mother Marie-Rose, the foundress of the Congregation of the Sisters of the Holy Names of Jesus and Mary. Into the texture of this biography is woven the. inseparable 159 BOOK ANNOUNCEMENTS Reuiew for Religious story of the beginnings of the congregation of Mother Marie-Rose and-i~s first.establishment at Longueuil, Quebec. It has been said that the most objective history, and consequently the best, is written by an author who is indifferent to his subject. Obviously, Sister M. Eulalia Teresa is not indifferent to the.subject of her book. (we would be disappointed if she were) ; and it is al-most as obvious that in places she lets her heart supply for his-" torical documentation. This, it seems, is the chief temptation of hagiographers. It must be said, however, that an indifferent author could not have caught the spirit of this foundress, could not have made it come alive as the author does. If the picture is overpainted in places, it is withal a vivid and inspiring picture. If ~he book is slow to take the reader's interest, it could well be due to the character portrayal and absence of conflict in the firs~ sections. The characters, are almost all painted in the same bright superlatives, and the st6ry lags for want of that conflict, internal or external, from which great souls emerge. Patience on the reader's part in waiting for character portrayal of deeper colors and better perspective is well rewarded. There is a new and welcome candor in the descriptions of the young pioneer sisters whom God called to the congregation of Mother Marie-Ros~ in its early days. Neither can it be said that the second part of the book is v~ithout conflict and the impact of drama:" The trials and persecutions to which the nascent coflgregation was subjected and the vibrant faith by which they were met are the heart of a ver~ real drama. So Short a Day makes this drama, enacted over a hundred years. ago, come back to life. The accomplishment of making history live again, of capturirig the pioneer spirit of this congregation and its saintly foundress is to be highly praised. Mother Marie-Rose died on her thirty-eighth, birthday, only six years after her congregation had been born. To:day her spirit. lives on in the 3,725 professed religious of her congregation and the 252 schools which her sisters direct. So short~ a day, so great a legacy.--JOHN POWELL, S.J. BOOK ANNOUNCEMENTS BEAUCHESNE ET SES FILS, 117 Rue de Rennes, Paris. Initiation a. l'Oraison. Par Piere Brunet. His long experience BOOK ANNOUNCEMENTS as ' professor at ,the seminary at Nancy has convince~l the author that most books on prayer do not meet the particular .problems,of seminarians fihd the secular clergy since they are written by and for religious. This book embodies his efforts to remedy that situation. Secular priests should find the book particularly helpful since it is written by one who knows their needs and problems. Pp. 326. THE BRUCE PUBLISHING COMPANY, Milwaukee 1, Wisconsin. The Catholic Church and You. By William 3. Grace, S.d. 7Fhe Inquiry Forum at the 3esuit Church in Milwauk'ee, begun in 1945, has attained something of an international reputation for the large mea
The purpose of this investigation is to analyze the sanctioning and compensatory nature of the surcharge in the tax determination processes. The work demonstrates as a problem the different interpretations made by jurists and doctrinaires, from the approval of the Reform Law for Tax Equity of the year 2007, article 2, which modified Art. 90 of the Organic Tax Code. For this, from a qualitative design, through the exegetical research method, the meaning of the norm was reviewed, complemented by jurisprudence and interviews. Finally, the double nature of the surcharge applied to the tax obligation is presented as a result. Keywords: Surcharge, tax determination, tax administration, taxpayers. URL: http://revistas.uta.edu.ec/erevista/index.php/bcoyu/article/view/718 DOI:http://dx.doi.org/10.31164/bcoyu.22.2019.718 References: Ballarín, M. (2016). Los ingresos Tributarios fuera de plazo sin requerimiento previo. (1a. ed.) Madrid: Marcial Pons. Bustos, J. (2013). La función indemnizatoria y resarcitoria del recargo tributario. Recuperado el 20 de agosto del 2018, de https://www.usfq.edu.ec/publicaciones/iurisDictio/.de./iurisdictio_015_013.pdf Carlos Mayorga vs Director General y Regional Norte del S.R.I., 60 GJ (C.C.E. 2017) Cevallos, F. (2014). Naturaleza Jurídica del Recargo, Sanción o Consecuencia de la Determinación Tributaria Por parte del Sujeto Activo. Quito, EC: Universidad Central del Ecuador. Clavijo, F. (2013). Las obligaciones tributarias accesorias. Recuperado el 20 de septiembre del 2018, de http://www.gobcan.es/haciendacanaria/downloads/Revista10/RevistaHC_10_3.pdf?q=jqmodal&go=QBLH&width=100%height=90% Código Tributario (2018). Ecuador: Corporación de Estudios y Publicaciones. Colcha, E. (2014). El recargo tributario ¿naturaleza recaudadora o sancionatoria? . Quito, EC: Universidad Andina Simón Bolívar, Sede Ecuador. Compañía terminal Aeroportuaria de Guayaquil S.A. vs Director Regional Sur del S.R.I. ,45 GJ (C.N.J. 2010). Constitución Política de Colombia. R.O. No. 868 del 29 de septiembre del 2016. Constitución Política del Estado de Bolivia. R.O. No.123 del 28 de noviembre del 2009. Constitución Política del Perú. R.O. No.014 del 29 de diciembre de 1993. Córdova, H. (2013). Determinación del Tributo sobre base pecuniaria. (1a. ed.). Barcelona-Pons. Corte Nacional De Justicia (2011). Resolución s/n, de 4 de mayo de 2011. Fallos De Triple Reiteración. Registro Oficial No. 471 de 16 de junio de 2011. Recuperado el 10 de abril de 2019 de: http://www.cortenacional.gob.ec/cnj/images/pdf/precedentes/8%20triple%20reiteracion%20tributario.pdf Diccionario Hispanoamericano (2012). Derecho Tributario Tomo II. (1a. ed.). Barcelona: Espasa. Libros S.L.U. Durango, R. (2016). Perspectivas del Derecho Tributario. Revista Jurídica. Universidad Católica Santiago de Guayaquil, págs., 27-28-29 Ecuador. Leyes y Decretos. (s.f). Constitución de la República del Ecuador. 1e. Quito: Ecuador. Elizalde, M. (2015). Manual de Derecho Tributario. (1ª. ed.), Asunción: Liticolor. Endara, C. (2011). El Recargo en materia Tributaria como recurso para evitar la evasión fiscal. Quito, EC: Universidad de las Américas. Franco Machado vs Directora Regional Norte del S.R.I., 38 GJ (C.N.J. 2010). García, B. (2016). Revisión parcial del concepto de la tasa como especie tributaria. (Argentina). Revista Jurídica La Ley, 20(1), 853-864 García, H. (2010). La equidad y la proporcionalidad como base del impuesto en Derecho tributario: Doctrinas Esenciales. (1a. ed.), Buenos Aires: Abeledo-Perrot. Ibarra, R. (2005). Temas actuales de Derecho Tributario: (1a. ed.), Barcelona: J.M. Bosch Editor Julio Mera Vs Dirección Regional Norte del S.R.I., 12 GJ (C.C.E. 2017). Lascano, C. (2010), Derecho Formal o Administrativo Tributario. (1ed.). Buenos Aires-Pudeleco. Ley Orgánica de Régimen Tributario Interno. R.O. 500 del 6 de enero del 2009. Ley Reformatoria para la Equidad Tributaria del Ecuador, R.O. No. 242 del 2 de diciembre del 2007. Mejía Juan, María Alarcón, Jaime Vernaza, Solah Peñáherrera vs Director General y Regional Sur del S.R.I., 48 G.J. (C.C.E. 2018). Mogroviejo, J. (2011). Las Sanciones en materia tributaria (Ecuador). Revista de Derecho UASB, 15(1), 27-36. Nagua, J. (2011). La naturaleza jurídica del Recargo. Corte Nacional de Justicia, Jurisprudencia Nacional. Ciencia y Derecho, Quito-Ecuador, Editado por la Corte Nacional de Justicia Oñate, D. (2014). Análisis de la aplicación del recargo del 20% a la determinación realizada por la Administración Tributaria. Sus efectos jurídicos – económicos en el Ecuador y su posible Solución. Quito, EC: Universidad Central del Ecuador. Ortiz, E. (2014). Naturaleza Jurídica del recargo del 20% que establece en el Artículo 90 del Código Tributario. Quito, EC: Universidad Central del Ecuador. Ossorio, M. (2007). Diccionario de Ciencias Juridicas, Politicas y sociales. (1a. ed.). Buenos Aires- Heliasta. Patiño, V. (2013). Curso de Finanzas y Derecho Tributario. (1a. ed.). Asunción: Liticolor Pérez, A. (2005). El Derecho Tributario: Derecho financiero y tributario. (1a. ed.). Lima: Justo Valenzuela. Poligráfica S.A. vs Director Regional del S.R.I. del Litoral Sur y el Director General del S.R.I., 52 GJ (C.N.J. 2011). Rodríguez, C. (2005). Derecho Financiero y Tributario. (1ª. ed.) . Buenos Aires: Astrea. Salazar Miller, Vanesa Guzmán vs Director Regional y Regional Norte del S.R.I., 66 GJ (2018). Sánchez, P. (2010). El recargo del 20% sobre la determinación que realiza la administración. Quito, EC: Universidad Andina Simón Bolívar. Thiago Ribeiro vs Director General y Regional Norte del S.R.I., 26 GJ (C.C.E 2010). Toscano, L. (2006). Procedimientos administrativos y contenciosos en materia tributaria. (2a. ed.) Quito: Dykinson. Villegas, H. (2009). Derecho Administrativo Tributario. Buenos Aires: Astrea. ; La presente investigación tiene como objetivo analizar la naturaleza sancionatoria e indemnizatoria del recargo en los procesos de determinación tributaria. El trabajo evidencia como problema las diferentes interpretaciones realizadas por juristas y doctrinarios, a partir de la aprobación de la Ley Reformatoria para la Equidad Tributaria del año 2007, artículo 2, que modificó al Art. 90 del Código Orgánico Tributario. Para esto, desde un diseño cualitativo, mediante el método de investigación exegético, se revisó el sentido de la norma, complementado con jurisprudencia y entrevistas. Finalmente se presenta como resultado la doble naturaleza del recargo aplicado a la obligación tributaria. Palabras clave: Recargo, determinación tributaria, administración tributaria, contribuyente. URL: http://revistas.uta.edu.ec/erevista/index.php/bcoyu/article/view/718 DOI:http://dx.doi.org/10.31164/bcoyu.22.2019.718 Referencias: Ballarín, M. (2016). Los ingresos Tributarios fuera de plazo sin requerimiento previo. (1a. ed.) Madrid: Marcial Pons. Bustos, J. (2013). La función indemnizatoria y resarcitoria del recargo tributario. Recuperado el 20 de agosto del 2018, de https://www.usfq.edu.ec/publicaciones/iurisDictio/.de./iurisdictio_015_013.pdf Carlos Mayorga vs Director General y Regional Norte del S.R.I., 60 GJ (C.C.E. 2017) Cevallos, F. (2014). Naturaleza Jurídica del Recargo, Sanción o Consecuencia de la Determinación Tributaria Por parte del Sujeto Activo. Quito, EC: Universidad Central del Ecuador. Clavijo, F. (2013). Las obligaciones tributarias accesorias. Recuperado el 20 de septiembre del 2018, de http://www.gobcan.es/haciendacanaria/downloads/Revista10/RevistaHC_10_3.pdf?q=jqmodal&go=QBLH&width=100%height=90% Código Tributario (2018). Ecuador: Corporación de Estudios y Publicaciones. Colcha, E. (2014). El recargo tributario ¿naturaleza recaudadora o sancionatoria? . Quito, EC: Universidad Andina Simón Bolívar, Sede Ecuador. Compañía terminal Aeroportuaria de Guayaquil S.A. vs Director Regional Sur del S.R.I. ,45 GJ (C.N.J. 2010). Constitución Política de Colombia. R.O. No. 868 del 29 de septiembre del 2016. Constitución Política del Estado de Bolivia. R.O. No.123 del 28 de noviembre del 2009. Constitución Política del Perú. R.O. No.014 del 29 de diciembre de 1993. Córdova, H. (2013). Determinación del Tributo sobre base pecuniaria. (1a. ed.). Barcelona-Pons. Corte Nacional De Justicia (2011). Resolución s/n, de 4 de mayo de 2011. Fallos De Triple Reiteración. Registro Oficial No. 471 de 16 de junio de 2011. Recuperado el 10 de abril de 2019 de: http://www.cortenacional.gob.ec/cnj/images/pdf/precedentes/8%20triple%20reiteracion%20tributario.pdf Diccionario Hispanoamericano (2012). Derecho Tributario Tomo II. (1a. ed.). Barcelona: Espasa. Libros S.L.U. Durango, R. (2016). Perspectivas del Derecho Tributario. Revista Jurídica. Universidad Católica Santiago de Guayaquil, págs., 27-28-29 Ecuador. Leyes y Decretos. (s.f). Constitución de la República del Ecuador. 1e. Quito: Ecuador. Elizalde, M. (2015). Manual de Derecho Tributario. (1ª. ed.), Asunción: Liticolor. Endara, C. (2011). El Recargo en materia Tributaria como recurso para evitar la evasión fiscal. Quito, EC: Universidad de las Américas. Franco Machado vs Directora Regional Norte del S.R.I., 38 GJ (C.N.J. 2010). García, B. (2016). Revisión parcial del concepto de la tasa como especie tributaria. (Argentina). Revista Jurídica La Ley, 20(1), 853-864 García, H. (2010). La equidad y la proporcionalidad como base del impuesto en Derecho tributario: Doctrinas Esenciales. (1a. ed.), Buenos Aires: Abeledo-Perrot. Ibarra, R. (2005). Temas actuales de Derecho Tributario: (1a. ed.), Barcelona: J.M. Bosch Editor Julio Mera Vs Dirección Regional Norte del S.R.I., 12 GJ (C.C.E. 2017). Lascano, C. (2010), Derecho Formal o Administrativo Tributario. (1ed.). Buenos Aires-Pudeleco. Ley Orgánica de Régimen Tributario Interno. R.O. 500 del 6 de enero del 2009. Ley Reformatoria para la Equidad Tributaria del Ecuador, R.O. No. 242 del 2 de diciembre del 2007. Mejía Juan, María Alarcón, Jaime Vernaza, Solah Peñáherrera vs Director General y Regional Sur del S.R.I., 48 G.J. (C.C.E. 2018). Mogroviejo, J. (2011). Las Sanciones en materia tributaria (Ecuador). Revista de Derecho UASB, 15(1), 27-36. Nagua, J. (2011). La naturaleza jurídica del Recargo. Corte Nacional de Justicia, Jurisprudencia Nacional. Ciencia y Derecho, Quito-Ecuador, Editado por la Corte Nacional de Justicia Oñate, D. (2014). Análisis de la aplicación del recargo del 20% a la determinación realizada por la Administración Tributaria. Sus efectos jurídicos – económicos en el Ecuador y su posible Solución. Quito, EC: Universidad Central del Ecuador. Ortiz, E. (2014). Naturaleza Jurídica del recargo del 20% que establece en el Artículo 90 del Código Tributario. Quito, EC: Universidad Central del Ecuador. Ossorio, M. (2007). Diccionario de Ciencias Juridicas, Politicas y sociales. (1a. ed.). Buenos Aires- Heliasta. Patiño, V. (2013). Curso de Finanzas y Derecho Tributario. (1a. ed.). Asunción: Liticolor Pérez, A. (2005). El Derecho Tributario: Derecho financiero y tributario. (1a. ed.). Lima: Justo Valenzuela. Poligráfica S.A. vs Director Regional del S.R.I. del Litoral Sur y el Director General del S.R.I., 52 GJ (C.N.J. 2011). Rodríguez, C. (2005). Derecho Financiero y Tributario. (1ª. ed.) . Buenos Aires: Astrea. Salazar Miller, Vanesa Guzmán vs Director Regional y Regional Norte del S.R.I., 66 GJ (2018). Sánchez, P. (2010). El recargo del 20% sobre la determinación que realiza la administración. Quito, EC: Universidad Andina Simón Bolívar. Thiago Ribeiro vs Director General y Regional Norte del S.R.I., 26 GJ (C.C.E 2010). Toscano, L. (2006). Procedimientos administrativos y contenciosos en materia tributaria. (2a. ed.) Quito: Dykinson. Villegas, H. (2009). Derecho Administrativo Tributario. Buenos Aires: Astrea.
Nell'ordinamento italiano, il tema della disciplina delle procedure e dei contenuti della contrattazione collettiva rappresenta una delle maggiori questioni giuslavoristiche, che non ha ancora trovato una stabile soluzione. Ad essa, inoltre, si lega strettamente il tema della regolamentazione, a fini negoziali, dei soggetti dell'autonomia collettiva. La finalità della presente trattazione è quella di esaminare, dapprima, lo sviluppo storico del dibattito nell'ordinamento italiano, per concentrare, in seguito, l'attenzione sulle tematiche più recenti che, anche alla luce della crisi dell'unità sindacale e della frammentazione dei tessuti produttivi generata dalla globalizzazione, evidenziano una richiesta di regolamentazione obiettiva dell'attività negoziale. In merito a tali questioni verrà infine esaminato, in una logica comparata, l'ordinamento francese che, a differenza di quello italiano, ha disciplinato per legge i presupposti, le procedure e i requisiti di accesso alla negoziazione collettiva sin dalla prima metà del XX Secolo. In particolare, il primo capitolo della tesi prende in esame, dapprima, la questione che si pone alla base dell'intero dibattito nazionale sulle modalità di regolamentazione della contrattazione collettiva: la mancata attuazione da parte del legislatore della seconda parte dell'art. 39 Cost. e la conseguente illegittimità costituzionale di quelle norme volte a generalizzare l'efficacia degli accordi collettivi aggirando quanto previsto dalla Carta fondamentale. L'analisi prosegue con la disamina dell'evoluzione storica della contrattazione anomica nel nostro ordinamento: a partire dalla negoziazione accentrata a livello nazionale nei primi anni Cinquanta, dalle istanze di decentramento e dall'effimera introduzione della contrattazione articolata con il Protocollo Intersind-Asap del 1962, fino alla bipolarità totale tra livello confederale e aziendale manifestatasi tra la fine degli anni Sessanta e la metà degli anni Settanta del Novecento, per giungere alla negoziazione collettiva della crisi, con gli accordi triangolari e la concertazione che, tra alterni risultati, hanno prodotto i loro effetti fino alla metà degli anni Duemila. In tale contesto, particolare attenzione è dedicata al sistema degli accordi del luglio-dicembre 1993 che, per quasi vent'anni, hanno costituito il fulcro di una disciplina delle relazioni industriali organizzata su due livelli, e che hanno tentato, nel contempo, con l'introduzione delle RSU, di contrastare la crisi di rappresentatività delle organizzazioni sindacali, evidenziata nella sua gravità, pochi mesi dopo, dal referendum del 1995 sull'art. 19 della l. 300/1970. La parte finale del primo capitolo si pone in ideale continuazione con l'inizio del secondo. Al centro dell'esame vi sono le questioni dei nostri giorni che hanno indotto le parti sociali, significativamente del settore industriale – a seguito della crisi del sistema del 1993, che ha avuto il proprio epicentro nella vertenza Fiat del 2009-2011, della successiva e connessa sentenza manipolativa della Corte Costituzionale del 2013 in riferimento, ancora una volta, all'art. 19 St. lav., e all'introduzione da parte del legislatore del discusso art. 8 del d.l. 138/2011 – a ritenere maturi i tempi per una nuova regolamentazione pattizia del sistema. Al riguardo, vengono analizzati nel dettaglio i tre accordi interconfederali del 28 giugno 2011, 31 maggio 2013 e 10 gennaio 2014, l'ulteriore e recentissima intesa del 28 febbraio-9 marzo 2018 e il dibattito, in una prospettiva de iure condendo, sull'opportunità di introduzione di una legge sindacale, capace, eventualmente, di dare completa attuazione all'art. 39 Cost. Il terzo capitolo, infine, si pone in parallelo con i primi due, dal punto di vista dell'ordinamento francese. Pertanto viene inizialmente presa in considerazione l'evoluzione normativa di tale contesto giuridico, a partire dalla loi del 1919 sulla contrattazione collettiva di diritto comune e dalla leggi del 1936 e 1950 sull'estensione erga omnes in via amministrativa dei contratti collettivi sottoscritti dalle organizzazioni sindacali rappresentative, fino al nuovo modello di "cittadinanza nell'impresa" proposto dalla leggi Auroux del 1982 e alla frammentazione del sistema tra gli anni Ottanta e Duemila, punteggiata di provvedimenti privi di carattere sistematico e, in alcuni casi, contraddittori. Ci si sofferma, infine, sulle riforme che, in tempi recenti, hanno svolto il ruolo di pietre angolari nella ridefinizione degli assetti dell'ordinamento francese: l'introduzione di criteri obiettivi per la selezione dei sindacati rappresentativi nel 2008, l'estensione di tale modello alle organizzazioni datoriali nel triennio 2014-2016 e, sul versante dell'assetto contrattuale, le discusse riforme introdotte con la loi Travail dell'8 agosto 2016 e dalle ordonnances promosse dal neo-presidente Macron nell'autunno del 2017, nella direzione di una forte valorizzazione del secondo livello negoziale, a discapito delle conventions de branche. Il punto d'arrivo del percorso tracciato supra porterà a cercare di dare una risposta, da un lato, all'interrogativo inerente all'opportunità di intervenire, nell'ordinamento italiano, con una legge sindacale, per fornire certezza, chiarezza e stabilità al sistema contrattuale e, in seconda istanza, anche sulla base della riflessione comparata, ad una valutazione su quali potrebbero essere gli istituti più efficienti da adottare, nei termini anzidetti, per assicurare un'estensione generalizzata della contrattazione collettiva, idonea a permettere un armonico sviluppo anche degli accordi di secondo livello. ; In the Italian legal framework, the question concerning the regulation of procedures and contents of collective bargaining represents one of the major labour law issues, which has not found a satisfying solution yet. The abovementioned topic is, in addition, strictly connected to the selection of criteria aimed to determine the actors of the bargaining process. The purpose of the present dissertation is then to examine, first of all, the historical development of the debate on the aforementioned issues in the Italian context, to focus attention, afterwards, on the most recent instances to enact a clearer regulation of the bargaining process, in reason of the crisis of trade unions' cohesion and of the fragmentation of production originated by globalisation. Finally, the last part of the dissertation will be centred on a comparative analysis with the French regulative context that, in opposition to the Italian one, disciplined by law prerequisites and procedures to accede to collective bargaining process already at the beginning of XX Century. In particular, the first chapter starts from the matter of contention at the base of the whole national discussion referred to the regulative process of arrangements executed between employers' and workers' organizations: the incapability of the Italian legislator to enact a law concerning the collective bargaining proceeding respecting, in the meantime, the criteria set forth by Article 39 of the Constitution, that has been at the base of the consequential declaration of illegitimacy of all the legislative attempts to generalize the efficacy of the considered agreements, circumventing the provision of the Fundamental Chart. The analysis continues focusing on the evolution of collective agreements regulated by civil law in the national legal framework: highly centred during the Fifties, then organized on two ordered levels in the brief period of "contrattazione articolata" – introduced initially in public industries with the Protocol Intersind-Asap of 1962 and soon extended to the private field – until the total independence between company and sectorial bargaining level in the years between the end of the Sixties and the beginning of the Seventies, and to the particular characteristics assumed by the said agreements during the oil crisis and in the following years, when the practice of the three-side covenants executed between main trade unions, employers' organizations and the government, with different outcomes, perdured until the middle of 2000's. In this context, particular attention is devoted to the collective agreements executed at national level in July-December 1993 that, during the following twenty years, have been considered the fulcrum of the two-level collective bargaining system, and which attempted, in the meantime, with the introduction of Trade unions' Unitary Representative bodies (in Italian, Rappresentanze Sindacali Unitarie, RSU) to contrast the deep crisis of representativeness of workers' organizations, whose gravitas has been highlighted, several months after, by the national referendum held in 1995 on Article 19 of law no. 300 of 1970. The last section of the first chapter founds an ideal continuation in the second one. In this field, the main topic become the most recent issues concerning the Italian bargaining system, and significantly the one which moved social actors of the industrial sector – on the base of the crisis of the system of 1993, showed by the Fiat dispute of 2009-2011, followed by the connected judgment of Constitutional Court that in 2013 modified another time the interpretation of Article 19 of law no. 300 of 1970, expanding the criteria to admit workers' organization to benefits provided by the law, and by the enactment of Article 8 of law-decree no. 138 of 2011 – to affirm that is come the time to set new rules to try to govern the bargaining system. On this point, the dissertation focuses attention on the three national collective agreements held on 28 June 2011, 31 May 2013 and 10 January 2014 and on the further arrangement of 28 February-9 March 2018 and on the respective debate centred, in a perspective of reform, on the opportunity to introduce a bill able to completely fulfil the requirements of Article 39 of the Italian Constitution. The third chapter, finally, follows the scheme of the precedent ones, from the point of view of the French legal framework. Therefore, firstly is described the evolution of the said juridical context, from the loi of 1919 concerning collective agreements regulated by civil law and the regulations of 1936 and of 1950 on the extension erga omnes, through an administrative decree, of collective agreements signed by representative trade unions, until the new model of "citizenship in the company" promoted by the laws Auroux enacted in 1982 and to the fragmentation of the labour law system occurred between the 80s and 2000s, characterised by measures without a systematic approach and, sometimes, in contrast between each other. The attention is focused, then, on the reforms that, recently, heavily redefined the structure of the French labour law framework consisting in the introduction, in 2008, of objective criteria to select representative trade unions, in the extension of this model to employers' organizations in 2014-2016 and, with reference to the bargaining structure, in the disputed reform responding to the name of loi Travail, held in 2016, and in the ordonnances promoted by the new President Macron in the late 2017, towards the direction of a relevant and decisive expansion of company collective agreement, to the detriment of sectoral level. The arrival point of the path traced above regards the attempt to reply to the issue concerning the opportunity to provide or not, in the Italian context, for a law regulating collective bargaining and the related obligations and rights of social actors, to clarify and stabilize the arrangement system. Secondly, also on the base of the comparison with the French frame of reference, the dissertation is closed by a reflection on the possible legal institutes to be introduced in the Italian juridical framework, in order to assure a general extension of collective bargaining, in the light to allow an harmonious development also of the company level.
El objeto de esta tesis doctoral es el análisis de los instrumentos de gestión de calidad aplicables en Organizaciones No Gubernamentales de cooperación al Desarrollo (ONGD), su proceso de adopción y su incidencia potencial sobre el sector. Dentro del marco del objetivo último de impulsar el desarrollo sostenible, se ha definido un conjunto de objetivos, orientados a mejorar la eficacia y eficiencia de la cooperación al desarrollo. Estos objetivos se han estructurado en categorías, comprendiendo: · Objetivos de enfoque teórico y planteamiento general. · Objetivos relacionados con el proceso de elaboración de instrumentos de gestión de calidad (IGC). · Objetivos relacionados con el proceso de adopción/ implantación de IGC. Dentro de éste, pueden distinguirse tres subcategorías: o Relacionados con la implantación de IGC por ONGD individuales. o Relacionados con el conjunto de ONGD pertenecientes a la Coordinadora española de ONGD – CONGDE. o Relacionados con otras ONGD europeas. La tesis se enmarca en una línea de investigación sobre desarrollo sostenible que ha llevado a la defensa de otra tesis doctoral, en el mismo período, sobre Responsabilidad Social Corporativa. Tras una revisión inicial del estado del arte, se realizó un análisis detallado de los instrumentos de gestión de calidad existentes y su aplicabilidad potencial. La labor de campo se desarrolló en tres proyectos en paralelo: a) Proyecto de intervención en desarrollo de instrumentos de gestión de calidad (IGC) Este proyecto implicó la involucración directa de la candidata en el diseño y desarrollo de IGC particularizados para las necesidades del Tercer Sector (no lucrativo), y, en algunos casos, específicamente orientados a las ONGD. El proyecto abarcó varios IGC, con grados diferentes de implicación. El caso más significativo requirió la adscripción de la candidata tanto al comité técnico de normalización AENOR CTN165 (Ética) como al grupo de trabajo GT#4, que coordinadamente crearon la norma oficial UNE 165011 EX sobre sistemas de gestión en ONG. b) Proyecto de intervención en ONGD Este proyecto también se basaba en el enfoque de "Investigación desde dentro de la acción" (Action research) y requirió el análisis de la implantación de distintos IGC desde la perspectiva de la ONGD adoptante. La candidata se incorporó a la Junta Directiva de una ONGD española para dirigir un proyecto multianual de implantación de IGC a lo largo de sus sucesivas fases: adopción, integración en el sistema de gestión, y, finalmente, plena internalización. c) Análisis de la implantación El grado de adopción de los distintos IGC por parte de las ONGD españolas se evaluó cuantitativamente mediante una encuesta desarrollada en cooperación con la Coordinadora de ONGD españolas, CONGDE. Además del nivel de adopción, se analizaron las razones que habían llevado a la adopción de cada instrumento, el grado en que se habían alcanzado los objetivos iniciales, los problemas encontrados y el soporte que se consideraba deberían prestar organismos como la CONGDE. Las ONGD que participaron en este estudio fueron posteriormente convocadas a sesiones de trabajo y jornadas en las que se presentaron y discutieron los resultados, y se realizó un análisis cualitativo de las experiencias de implantación. El análisis de los resultados de estos proyectos también incluyó una comparación internacional y un posicionamiento respecto a la situación en otros países. Este proceso fue facilitado por una estancia de investigación de tres meses en el CRG de la École Polytechnique de París y la interacción directa con miembros de las asociaciones de ONGD de Francia y Reino Unido. El consiguiente análisis y discusión llevó a un conjunto de conclusiones, que se han presentado en distintos foros académicos y congresos de cooperación, algunas de las cuales se destacan brevemente a continuación: · La adopción de IGC por parte de las ONGD españolas ha alcanzado un punto de inflexión. Tras encontrar una marcada resistencia durante un largo período de tiempo, el ritmo de adopción se está acelerando significativamente. · Estrechamente relacionado con la conclusión anterior, los principales financiadores de las ONGD, así como otros grupos de interés, están gradualmente tomando en consideración, como un factor relevante, si las ONGD consideradas han adoptado con éxito IGC. Es particularmente relevante la evolución seguida por la AECI (Agencia Española de Cooperación Internacional) hacia un enfoque, basado en parte en la aplicación de IGC, orientado al establecimiento de alianzas estables con las ONGD. · Se ha propuesto un modelo causal sobre la influencia en la gestión de las ONGD de la progresiva adopción por parte de los financiadores de los IGC. Este modelo supone un marco integrado de análisis de esta influencia y de las premisas sobre las que descansa. · Desde la perspectiva de la adopción de IGC, las ONGD pueden estratificarse en distintos niveles de madurez, correspondientes a las sucesivas etapas del ciclo de vida propuesto. Las organizaciones más avanzadas están completando la etapa de internalización, donde la gestión de calidad ya no es percibida como una actividad o unidad organizativa separada, sino que está íntimamente integrada en el propio tejido de la ONGD, formando parte natural de sus procesos de negocio, desde la planificación estratégica al control de gestión. En el extremo opuesto del espectro, muchas ONGD todavía tratan los IGC desde una perspectiva meramente táctica, como un prerrequisito para conseguir acceso a ciertos donantes o fuentes de financiación. · El déficit previamente existente en IGC aplicables en el entorno no lucrativo se está solventando gradualmente. No obstante, los instrumentos actuales aún tienen dificultades encontrando el equilibrio adecuado entre operatividad y legitimidad. · Si bien hace una década las ONGD de otros países europeos (Francia, Reino Unido.) estaban significativamente más avanzadas que las españolas en este ámbito, el rápido desarrollo que ha tenido lugar ha eliminado, si no invertido, esta diferencia. De estas conclusiones se destilan las aportaciones originales más relevantes, y se identifican posibles desarrollos futuros._________________________________________ ; The topic of this dissertation is the analysis of Quality Management Instruments (QMIs) applicable in Development oriented Non Governmental Organisations, their adoption process and their potential contribution. Within the ultimate goal of contributing to sustainable development, a set of objectives was defined, aiming at contributing to a more effective and efficient development cooperation. These objectives have been grouped into categories, encompassing those related to: · Overall theoretical framework and integrative approach. · The QMIs' development process. · The QMIs' adoption/implementation process. This can be further broken down into: o PMIs' adoption by individual DNGOs. o Spanish DNGOs (analyzed as a group). o DNGOs in other European countries. This dissertation has been developed between 2002 and 2008 by the candidate, while working full time as assistant professor in the Engineering Management Area at the Carlos III de Madrid University. It belongs to a line of research on sustainable development that led to another doctoral dissertation being completed in the same period on Corporate Social Responsibility. After an initial state of the art review, a detailed analysis of existing Quality Management instruments and their potential applicability was conducted. The field work then took place in three parallel projects:a) QMI development action research project project This project required direct involvement by the doctoral candidate in the actual design and development of Quality Management instruments tailored for the needs of the third (voluntary) sector, and, in some cases, specifically aimed at DNGOs. Several instruments were included, with various degrees of direct involvement. The most significant case entailed the candidate's membership in both the AENOR (Spanish official normalization agency) technical normalization committee CTN165 (Ethics) and the GT#4 work group, that jointly created the official UNE 165011 EX norm on NGO management systems. b) DNGO QM action research project This project was also based on an action research approach; it involved analysing the implementation of several QM instruments from the perspective of the adopting DNGO. The candidate joined the management committee of a Spanish DNGO to lead a multiyear project of QM instruments implementation through its various phases: adoption, integration within the management system and eventually full internalization. c) Implementation Analysis The degree of adoption of the various QM instruments by Spanish DNGOs was quantitatively evaluated through a survey carried out in cooperation with the DNGO council. Besides adoption level, the analysis encompassed reasons for adopting specific instruments, degree to which initial objectives had been fulfilled, major stumbling blocks and support required from organizations such as the DNGO council. DNGOs participating in this survey were then convened for seminars/workshops in which results were presented and discussed, and qualitative analysis of the experiences was carried out. The analysis of the results of these projects included an international comparison and positioning with respect to the situation in other countries. A three month research stay at Paris' École Polytechnique CRG and the direct interaction with members of the French and British DNGO platforms facilitated this process. The ensuing analysis and discussion led to a set of conclusions, which have been presented in various academic and development conferences, out of which a few are briefly highlighted here: · Adoption of QM instruments by Spanish NGOs has reached an inflexion point. After facing significant internal resistance for a lengthy period, adoption rate has recently increased sharply. · Intimately interrelated with the previous point, funding institutions and other relevant stakeholders are starting to make strategic use of QM instruments in their interaction with NGOs. Particularly telling is the evolution followed by the AECI (the Spanish International Cooperation Agency) towards a QMS based partnership approach with DNGOs. · A causal model of the influence on DNGO management of the gradual adoption by funding agents of QMIs is proposed, providing an integrated framework for the analysis of this influence and its underlying assumptions. · DNGOs can be classified in different maturity groups from the QMS perspective. A group of leading organizations are completing the QM internalization cycle, whereby QM is no longer perceived as a separate activity or organizational unit, but rather it is woven into the NGO's fabric, being a natural part of its management processes, from strategic planning to operational control. At the opposite end of the spectrum, many DNGOs still treat QM instruments from a strictly tactical perspective, as a mere prerequisite for gaining access to donors or funding sources. · The previous scarcity of QM instruments applicable in the voluntary sector is gradually being solved. However, existing instruments still find it difficult to strike a proper balance between effectiveness/specificity and legitimacy. · Even though one decade ago DNGOs from other european countries (France, UK .) were significantly more advanced than their Spanish counterparts in this field, the accelerated development that has taken place has eliminated, if not inverted, this difference. The conclusions are then distilled into the most relevant original contributions, and potential avenues for follow-up research are identified.
Siddharth Mallavarapu on International Asymmetries, Ethnocentrism, and a View on IR from India
How is the rise of the BRICs in the international political and economic system reflected in our understanding of that system? One key insight is that the discipline of International Relations that has emanated from the northern hemisphere is far less 'international' than is widely thought. Scholars from the 'Global South' increasingly raise important challenges to the provincialism of IR theory with a universal pretense. Siddharth Mallavarapu's work has consistently engaged with such questions. In this Talk, Mallavarapu, amongst others, elaborates on IR's ethnocentrism, the multitude of voices in the Global South, and why he rather speaks of a 'voice from India' rather than an 'Indian IR theory'.
Print version of this Talk (pdf)
What is, according to you, the biggest challenge / principal debate in current IR? What is your position or answer to this challenge / in this debate?
One of the things I constantly contend with in my work is to think of ways of how we can widen our notion of the international. IR has been too closely linked to the fortunes of the major powers, and this has been to our detriment, because it has impoverished our sense of international. I think the spirit of what I contend with is best captured by what Ngugi wa Thiong'o in his book Globalectics: Theory and Politics of Knowing concerns himself with, namely '…the organization of literary space and the politics of knowing'. My interest is to grapple with the manner in which the discipline of International Relations in its dominant mainstream idiom orchestrates and administers intellectual space and the implications this carries for the broader politics of knowledge. Simply put, the principal challenge is to confront various species of ethnocentrism – particularly Anglo-American accents of parochialism in the mainstream account of International Relations.
I am also keenly sensitive to some disciplinary biases and prejudices, which I think sometimes take on tacit forms and sometimes more explicit forms, and in which provincial experiences are passed off as universal experiences. The whole question of 'benchmarking' is problematic, in that a benchmark is set by one, and others are expected to measure up to that benchmark. Then there is the question of certain theories, for example the idea that hegemony is desirable from the perspective of international stability – think of the Hegemonic Stability Theory in the 1970s, or the Democratic Peace Theory that assumes that liberal democracy is an unsurpassed political form from the perspective of peace. Then there is human rights advocacy of a particular kind, and the whole idea of the 'Long Peace' applied to the Cold War years. In reality, this was far from a 'long peace' for many countries in the Third World during the same era.
I am also interested right now in the issue of the evolution of IR theory, and was really intrigued by the September 2013 issue of the EuropeanJournal of International Relations, with its focus on 'the End of International Relations Theory': I find this fascinating, because just at a time when there are new players or re-emerging and re-surfacing players in the international system, there is a move to delegitimize IR Theory itself. So I am curious about the conjuncture and the set of sociologies of knowledge that inform particular terms and turns in the discipline.
My response to this challenge is to consciously work towards inserting other voices, traditions and sensibilities in the discipline to problematize its straightforward and simplistic understanding of large chunks of the world. My work is informed by what international relations praxis looks like in other places and how it is locally interpreted in those contexts. There are gaps in mainstream narratives and I am interested in finding ways to create space for a more substantive engagement with other perspectives by broadening the disciplinary context. This is not merely a matter of inclusive elegance but a matter of life and death because poor knowledge as evident from the historical record generates disastrous political judgments that have already resulted in considerable loss of human life, often worst impacting the former colonies.
The global south holds a particular attraction for me in this context, especially given its often problematic representations in mainstream IR discourse. The underlying premise here is that the discipline of IR will stand to be enriched by drawing on a much wider repertoire of human experiences than it currently does. The normative imperative is to nudge us all in the direction of being more circumspect before we pronounce or pass quick and often harsh political assessments about sights, sounds, smells and political ecologies we are unfamiliar with. IR as a discipline needs to reflect the considerable diversity.
My doctoral research on the role of the International Court of Justice advisory opinion rendered in July 1996 on the legality of the threat or use of nuclear weapons provided an opportunity to probe this diversity further. While advancing a case for categorical illegality of nuclear use under all circumstances, Judge Christopher Gregory Weeramantry discusses at length the multicultural bases of international humanitarian law. In doing so, he combines knowledge of world religions, postcolonial histories and canonical international law to frame his erudite opinion, which displays a thoughtful engagement with often neglected or obscured sensibilities.
These examples can be exponentially multiplied. Such a sentiment is most succinctly captured by Chinua Achebe in Home and Exile where he argues that '…my hope for the twenty-first [century] is that it will see the first fruits of the balance of stories among the world's peoples'. It most critically calls for '…the process of 're-storying' peoples who had been knocked silent by the trauma of all kinds of dispossession'. I would treat this as an important charter or intellectual map for anybody embarking on the study of International Relations today. I would also like to add that this storytelling would inevitably encounter the categories and many avatars of race, class, gender and nationality crisscrossing and intersecting in all sorts of possible combinations generating a whole host of political outcomes as well.
The skewed politics of knowledge is most evident when it comes to theory with a big 'T' in particular. Most theories of International Relations emanate from the Anglo-American metropole and little from elsewhere. This is not because of an absence of theoretical reflection in other milieus but due rather to a not so accidental privileging of some parts of experiential reality over others. IR has been too caught up with the major powers. I could think of conscious efforts to theorize both in the past and in the present elements of reality hidden from conventional vantage points. One recent illustration of social and political theorizing from the context I am more familiar with is an account by Gopal Guru and Sundar Sarukkai titled The Cracked Mirror: An Indian Debate on Experience and Theory. There are on-going theoretical engagements in Africa, the Arab world, Asia and South America reflecting an intellectual ferment both within and outside of these societies. International Relations as a discipline has to find ways of explicitly engaging these texts and relating it to prevailing currents in world politics rather than carry on an elaborate pretence of their non-existence. I am more troubled by claims of an 'end of International Relations theory' just at a moment when the world is opening up to new political possibilities stemming from the projected growth in international influence of parts of Asia, Africa, the Arab world and South America. IR has to move beyond its obsession of focusing on the major powers and seriously democratize its content. The terms 'global' or 'international' cannot be a monopoly or even an oligopoly. Such a view has severely impoverished our understanding of the contemporary world.
How did you arrive at where you currently are in IR?
I cannot really claim that this was a neatly planned trajectory. I stumbled upon the discipline by chance not design. My initial curiosity about the world of social cognition emerged from a slice of my medical history. When I was at school in my early teens, I developed a condition referred to as Leucoderma or Vitiligo which involved skin depigmentation. I enjoyed writing from an early stage and recall recording my observations of the world around me in a piece titled Etiology Unknown borrowing language from the doctor's diagnosis. I recall an urgency to comprehend and make sense of what I perceived then as a fast changing world where old certitudes were dissolving on a daily basis. I felt an outsider at some remove from my earlier self and it gave me on retrospect a distinct vantage point to witness the world around me. It was impacting who I thought I was and thereby compelled me to confront issues of identity – individual and social. An extremely supportive family made all the difference during these years.
The turmoil and confusion in those years led me to develop a deeper interest in understanding more loosely why people reacted in particular sorts of ways to what was in medical terms merely a cosmetic change. It also led me to informally forge community whenever I saw anybody else experiencing similar states of being. I also internalized one of the first ingredients of good social science – the capacity to be empathetic and put ourselves in others shoes. I learnt that the discipline of Sociology among the available choices in my milieu came closest to allowing me to pursue these concerns more systematically further. I applied to a Sociology master's programme after my undergraduate years at Jawaharlal Nehru University in Delhi, but I had also applied simultaneously to the International Relations programme since in my understanding it after all concerned the wider world – an extension of scale but similar I imagined in terms of the canvas of concerns. The numbers in India are large, the competition is stiff: I made it to the IR programme but did not make it to the Sociology programme.
Having got there, I had some outstanding influences, and I soon realized that one could also think about issues of identity (then cast by me in terms of simple binaries – home and the external world, the relationship of inside and outside, victors and the vanquished) in the discipline of IR. I decided to stick the course and delve into these questions more deeply while keeping up with a broader interest in the social sciences.
I could list a few influences that were critical at various stages of my academic biography: at high school, an economics teacher S. Venkata Lakshmi was very encouraging and positive and confirmed my intuitive sense that I would enjoy the social sciences. Subsequently at college I had in Father Ambrose Pinto a fine teacher of Political Science. He would take us on small field excursions to observe first hand issues such as caste conflicts in a neighbouring village, and all that helped me develop a sharper sense of the political which moved away from the textbook and was strongly anchored in the local context.
At the graduate level of study, Kanti Bajpai who later also became my mentor and advisor in the doctoral programme exercised an enormous influence as a role model. I was convinced that a life of the mind is worth aspiring and working towards once I came into contact with him in the classroom. He also exposed me to all the basic building blocks of an academic life – reading, writing, researching, teaching and publishing, demonstrating at all times both patience and unparalleled generosity. We have collaborated on two edited volumes on International Relations in India and I continue to greatly value an enduring friendship.
For over a decade, I have also had the good fortune of coming into contact with B.S. Chimni who is an exemplary scholar in the Third World Approaches to International Law (TWAIL) tradition. It has been a great joy bouncing off ideas and discussing at length various facets of International Relations, International Law and Political Theory together over the years. I have learnt much from this rich and continued association. In 2012 we worked jointly on an edited book titled International Relations: Perspectives for the Global South.
I have also learnt (and continue to do so) from my students both at Jawaharlal Nehru University (JNU) and at the South Asian University (SAU). At JNU, I made my beginnings and continue to take some pride in being intellectually home spun at one of the foundational and premier crucibles of International Relations scholarship in India. I have also thoroughly enjoyed my interactions over the years with the students drawn from diverse backgrounds. At SAU, I have in the space of a short period been exposed to some fine students from across the South Asian region. I have often been impressed by their understanding of politics and on occasion have marvelled at their demonstration of a maturity beyond their years. There is much I learn from them particularly from their insider narratives of the unique political experiences and trajectories of their specific countries.
Himadeep Muppidi has also been a remarkable influence in terms of clarifying my thinking about the workings of the global IR episteme. His receptivity to hitherto neglected intellectual inheritances from outside the mainstream and most evidently his capacity to write with soul, passion and character while retaining a deep suspicion of the 'objectivity' fetish in the social sciences has alerted me to a whole new metaphysics and aesthetic of interpreting IR. The thread that runs through all these interests and influences is firstly the issue of context, and secondly the question of agency –what it meant to be marginal in some sense, how could one think about theorizing questions relating to dispossession, relating to a certain degree of marginality– and also the broader issue of the politics of knowledge itself: of how certain attitudes and concepts seem to obscure or deface certain conditions, which seem to be quite prevalent.
I have also found excellent academic conversationalists with sometimes differing perspectives who help sharpen my arguments considerably. I would like to make special mention of Thomas Fues and the fascinating global governance school that he offers intellectual stewardship to in Bonn. In the years to come, I look forward to further intellectual collaborations with scholars from Brazil and South Africa and other parts of South America and Africa as well as the Arab world.
What would a student need to become a specialist in IR or understand the world in a global way?
The key without a doubt is curiosity. I do my best to feed that curiosity as a teacher. I also think Gerardo Munck and Richard Snyder's counsel and interviews in their book, Passion, Craft and Method in Comparative Politics are a useful resource for students wanting to study International Relations. I also feel strongly that classics need to be read and engaged with, by bringing them into play in our contemporary dilemmas. I find that many of the questions we ask today are not necessarily entirely new questions: there is a history to them and there has been some careful thought given to them in the past, so it is important to partake of this inheritance.
Then there is language: it is vital for students to break out of one particular region or one particular set of concerns which flow from a limited context, and in this way to become willing to engage with other contexts. In this sense, language learning potentially opens up other worlds. I also believe that some exposure to quantitative methods is important: you need to be able to both contextualize and interpret data with some degree of confidence and not overlook them when approaching texts. Not everybody may choose it but we need to make the distinction between The Signal and the Noise as Nate Silverreminds us. I have found Marc Trachtenberg's The Craft of International History (chapter 1 in PDF here) a very useful text in providing some very practical advice in fine tuning our research designs to weave the past into our present. D.D. Kosambi's essay on 'combining methods' (PDF here) still provides important clues to thinking creatively about method.
I also think it is important for students to avoid the temptations of insularity and also pose questions in a fashion that allows them to explore the workings of these questions in diverse settings. They should be open to a diversity of methods from different disciplines such as ethnography, and develop a deeper historical sensitivity, all these are crucial to shaping up as a good scholar.
In sum, the importance of classics, fieldwork and language acquisition cannot be emphasized sufficiently. Classics bring us back to refined thought concerning enduring questions, language opens up other worlds, and field work compels one to at least temporarily inhabit the trenches, dirty your hands and acquire an earthy sense of the issues at hand.
Given the importance you attach to the learning of language, among other things, and the linguistic diversity that characterises India, do you often perceive language to be a barrier to understanding?
I think language works in two ways. On the one hand, each language has a specific manner of framing issues and a specific set of sensibilities associated with it which in some respects is quite unique. However, languages also lend themselves to different cross-cultural interpretations and adaptations. Kristina S. Ten in an evocative piece titled 'Vehicles for Story: Chinua Achebe and Ngũgĩ wa Thiong'o on Defining African Literature,Preserving Culture and Self' maps some key lines of an enduring debate. Thiong'o has a particularly strong position on this question of language: he says he no longer wants to write in the English language, but instead in his native Gikuyu, as well as Swahili. He argues that language has to do with memory, has to do with what he calls a soul, and he maintains that language hierarchies are very real and that we must contribute to enriching our own pools of language to begin with, if we are to contribute to a much wider, global repertoire of languages. In contrast, Chinua Achebe whom I mentioned earlier, very often wrote in English and held the position that it was important to be accessible to more people and to reach diverse audiences who would not necessarily be from his home country. He said it was possible to use a language like English and permeate it with local texture, wisdom and pulse – something he has exemplified in his own work. I consider his writings a testimony to how well that can be done.
So there is a bit of a divide in terms of how one can look at this question of language, but teaching in India I know that there are students who may be very bright but who are constrained by the fact that they have not had the same access to English schools, and therefore are restricted to the vernacular. These students may have some very good ideas, but they feel disadvantaged by the fact that their command of the English language is not sufficient to guarantee close attention to what they wish to say. Some work hard to overcome these challenges and meet with considerable success. While I think it is wonderful to learn another language, it does not need to entail a diffidence or neglect of one's own native language or any other vernacular language. My impression is that if unimaginatively pursued something is lost in the process and students end up feeling diffident and apologetic about their native language which is entirely undesirable. I believe therefore that while one should enthusiastically embrace new languages, the challenge is to accomplish this without unconsciously obscuring one's native tongue. Having said that, all of us in India are keen to go to English language schools. Vernacular languages have often lost out in the process. So there is something to be said about this concern about language. We have to tread carefully and remain attentive to how language hierarchies are positioned and deployed for advancing particular species of knowledge claims.
From the language issues flow conceptual questions: Asia is a Western construct, and South Asia an extension of that. You reluctantly use this term, South Asia, in what you call shorthand, and similarly terms "nation" and "state". How can we break away from these concepts if we don't have a new vocabulary?
This really flows from the fact that IR is still very much an ethnocentric construct. We are also suggesting in the same breath that there is a particular form in which most concepts and categories tend to be employed. I think IR language is imbued at least partly with the vocabulary of the hegemon or of the dominant powers, so that it shares with the area studies' legacy the political connotations that are still very much with us. One way that I try to break away from this when I introduce students to these concepts and categories is by focusing on the lineage and the broader intellectual history and etymology of concepts which come into play in IR. Students are in any case acutely aware of the fact that there is a strong area studies tradition which has mapped the world in a particular way which was not an innocent discursive formation by any stretch of imagination. They also recognize that this is not the only framing possible. The challenge for us is of course to introduce new concepts and categories. I noticed for instance that South Asia has become 'Southern Asia' for some strategic commentators (StevenA. Hoffmann among others) because 'Southern Asia' also includes China. However, when it is done from the perspective of strategy there are other interests intertwined such as specific geopolitical assessments.
What I try to do, rather, is to draw on the deeper histories within the region itself, in order to arrive at concepts and conceptions which are more germane to our context. I don't think I've succeeded in this project as yet, but one of the reasons why I think it's important to historicise these elements and even categories is to open up the possibility of thinking about different imaginaries and along with that different categories. I don't want to call it an alternative vocabulary, because I think that some sensibilities have been given short shrift in history, and some provincial experiences have more successfully masqueraded as universal experiences. Therefore, part of the challenge is to call that bluff, while another part of the challenge is to reconstruct and offer fresh perspectives. These may even be questions about traditional issues such as order or justice, questions of political authority, political rule or legitimacy. These are questions which are of concern to all societies though individual responses may not echo the language and slants of conventional IR theory. However, they may throw up some sophisticated formulations on these very issues. A part of the challenge for the IR scholar, then, is to recover and bring these ideas into the sinews of the mainstream IR academia.
It is equally important to avoid any sort of nativism, or to suggest that this is necessarily 'the best' approach, but to widen the inventory before moving on to stimulating a real conversation between divergent conceptions. We must avoid falling into the trap of what Ulrich Beck among others has referred to as 'methodological nationalism'. I am by no means suggesting that there is 'an Indian theory' of IR, but what I am curious about is how the world is viewed from this particular location. That is quite different from suggesting that there is a national project or a national school of IR. I think that distinction needs to be made more subtly and needs to come through more clearly, but one of the projects I am currently involved in is the chronicling of a disciplinary history of IR in India and what that tells us about Indians and their readings of the world outside their home. In that process, I ask what the key issues that animated particularly an earlier generation of scholars - how did they present these ideas and why did they avoid using certain forms of presentation and framing? What were some of the conspicuous presences and nonappearances in their work? Exploring these sorts of issues will lead us forward by, firstly, bringing to bear all these pieces of work which I feel have been ignored or have not received their due, and secondly, by showing that there is a fair amount of diversity of thinking even in the earlier generations of IR scholarship. The intent is to avoid a monolithic conception of IR that emerges from India. I will have to make this point much more clearly and emphatically in the future, and hope that my focus on disciplinary history will contribute to some critical ground clearing. Similar inventories of IR scholarship need to be assembled in different locations from Africa, South America, other parts of Asia and the Arab world.
Many of these projects then also link up to very practical questions. One of the issues that is of interest to me in this context is that of South-South cooperation, such as for instance the IBSA Dialogue Forum, or the grouping known as BRICS, or the broader forum of the G-20. There is evidence that the traditional structures and ways of doing things are increasingly suspect and being viewed with suspicion by some actors within the international system. It is therefore more important now to reopen some of these questions and to think afresh about such things as institutional design: what does it mean to be talking about "democratising international relations"? How can we think of more inclusive and legitimate institutions? How can we think about ways in which we can cooperate for the provision of global public goods, but in a manner which is historically more legitimate and fair? How can we address previous asymmetries that are not necessarily going to just disappear? How do we deal with old power structures and their residual influences in terms of the Westphalian state system? What legacy has been enshrined for instance in the Bretton Woods institutions and what has that legacy meant? What happened to non-alignment? Vijay Prashad chronicles vividly the promise and unfulfilled promise of the non-aligned movement in his fascinating account titled The Darker Nations: A People's History of the Third World. How the past plays out in terms of contemporary global governance questions and arrangements is fundamental to my research interests. I have recently intervened on the Responsibility to Protect (R2P) doctrine and its practice. I have been rather critical arguing that it cannot be disassociated from a longer history of interventionism by the major powers in the global south however benign its dressing. A thread that runs through my work is to demonstrate how historical asymmetry continues to manifest in terms of how the contemporary international system is structured. And I ask if we are to arrive at a more legitimate, inclusive and effective international system, then what are the mechanisms and steps which we need to work towards?
What do you imagine that process might look like? Do we need to return to a 'world of villages' (the 1300s) before we can reinvent IR, the national and the global? Do we need micro histories before we can reassemble a bigger history or is a subtle shift possible?
There are two levels on which this can happen: on one level the changes that seem to work are incremental changes and not lock-stock-and-barrel fundamental changes. In terms of scale, different scholars do different things. Some scholars are interested in micro histories, others are interested in macro histories and asking the big questions.
I imagine both these projects are important and there should be more scholars from the global south as well who ask the big macro questions. What has happened for too long is that we have relegated this responsibility to the traditional post Second World War major powers and they have treated it as natural to offer us macro-historical narratives and pictures. I think scholars from the global south need now to attend to both tasks: to write good micro histories as well as reframe the larger questions of macro history. I would add that normative concerns such as the content and feasibility of global justice needs also to be an integral part of contemporary international relations scholarship. For instance, it would be fair to ask that in a world of plenty, why do so many people go hungry?
So if you were to ask me about my dreams and my hopes, I still think that the 1955 Bandung Conference and subsequent nonalignment visions remain unfinished business. I hope that within the span of the current generation there is greater egalitarianism accomplished in the international system and ultimately a balance not just in terms of what Achebe called the stories of the world, but also in terms of actual institutional designs and political outcomes. This should translate into much better provision of various public goods to global citizenry with special attention to those who have been historically disadvantaged. For assorted reasons there have been deep asymmetries within the international system which have persisted and resulted in diminishing the life chances and collective self-esteem of various peoples in the global south. There is an urgent need to both acknowledge and remedy the situation in the world we live in.
In your experience, what is the role of the IR scholar in India in relation to the foreign policy establishment and the policy makers?
It is quite hard to find traction of one's ideas in terms of any influence of scholars or groups of scholars on the social or political establishment. Overall I would say that academia has for a long time not been taken seriously by the foreign policy establishment, and that has more to do with the institutional structure where there is a pecking order and the bureaucracy sees itself as being better informed. Even in academic conference settings, one could periodically expect a practitioner of foreign policy to argue that they know best having been present at a particular negotiation or at the outbreak, duration and conclusion of any recent episode in diplomatic history. This does not in reality translate into the best knowledge because there is the possibility that besides the immediate detail, the absence of a larger historical context or even unaccounted variables in terms of the contemporary political forces at work during that moment could be blind spots in the narrative. It is fair to say therefore that the influence of academia on the Indian foreign policy establishment by and large has tended to be minimal. However, one could make the argument today that there are some early stirrings of changes in the offing.
Quite evidently, the Indian Foreign Service is far too miniscule for a country of India's size and desired influence in the international system. There is a perceived need from within the foreign policy establishment to draw on expertise from elsewhere and on occasion they do turn to the academia to invite counsel on specific issues. From the perspective of the IR academic, it is perhaps equally important to be not too close to the corridors of power as it could alter the incentive structure to the detriment of independent opinion making for securing short or long term political patronage.
Siddharth Mallavarapu is currently Associate Professor and Chairperson at the Department of International Relations at the South Asian University in New Delhi. He is on deputation from the School of International Studies at Jawaharlal Nehru University. He completed his doctoral thesis on the politics of norm creation in the context of an Advisory Opinion rendered by the International Court of Justice in 1996 on nuclear weapon threat or use. This culminated in his first book, Banning the Bomb: The Politics of Norm Creation. His principal areas of academic focus include international relations theory, intellectual histories of the global south, disciplinary histories of IR, global governance debates and more recently the implications of recent developments in the field of cognition on the social sciences. Mallavarapu retains a special interest in issues related to the politics of knowledge and examines the claims advanced in the discipline of International Relations through this perspective. His immediate teaching commitments include a graduate course on 'Cognition and World Politics' and a doctoral level course on 'Advanced Research Methods'. He has co-edited (with Kanti Bajpai) two books on recent Indian contributions to International Relations theory. In 2012 along with B.S. Chimni, he co-edited International Relations: Perspectives for the Global South.
Read Mallavarapu's Dissent of Judge Weeramantry (2006 book chapter) here (pdf) Read Mallavarapu's Indian Thinking in International Relations here (pdf) Read Mallavarapu's Because of America here (pdf) Read Mallavarapu's Nuclear Detonations: Contemplating Catastrophe here (pdf)
Are we close to face what some researchers and politicians call a "war for water as a resource"? The ideas around this topic are divided. We think that external factors, such as climate change and unequal distribution of the resource, will create conditions and pressures that are pressing perceptions and will be eventually affecting political behavior that will lead to war. Others agree that there are changes in the political landscape. However, when we look at different resources, we have to consider that they present a different dynamic affecting in alternative form the political behavior of the actor related to specific resources. War is not a consequence of the resource necessity and access problem. Resource wars are related to external factors like opportunity and power asymmetries, among others. In the case of water, if we consider the scarcity problem, the technological change and the capacity to create institutional ways to regulate its use, we can avoid the worst consequences of the resources race. As far as the previous sentence establishes, access and necessity could be the channeling cause of conflict. However, we will find the root of it in another part of the rivalry dynamic as the conflict for the Golan Heights shows. The present work tries to put in perspective the preceding discussion to clarify the current dynamics around different types of natural resources. To do that, we must start discussing what "Strategic Natural Resources (SNR)" are and also their role in geopolitical terms, to understand how they affect the political calculus around them. Resource discussions about policies, conflicts, and politics use mainly a realist approach, because it is all about use, availability, and scarcity. Security is an essential topic around them, but in the case of water, perspectives are a little bit different. We should consider Hydropolitics as a topic within the geopolitical field of studies. In that sense, it shows how different is the dynamics around water, and even if many conflicts of interest are around it, political action most of the time is not to fight over it in the sense of going to war. We will see tensions but no war. A war over water is considered awful for everyone, so it is more useful to try to channel the conflict to a more productive arena. In that sense, the creation of regimes, norms, and treaties around a shared river, underground water deposit, sustainable use, and others will be the most critical aspects of policy coordination around those who have a dispute over it. Moreover, we will see others trying to assist major partners in managing the problems that its uses generate. Policymakers look at social and economic considerations about to ignite a war over water, so that they are able to prevent it, because acts as a political barrier most of the time. The objectives of the present article are twofold, and they are interrelated. The first one is to advance in the discussion around which ones and how natural resources become a problem that could lead to war. Geopolitics and Realist Theory are the best tools to have a comprehensive picture of the resources play as a factor in war. It is doing that we can tackle the issue of war for water, which is a different thing than a conflict over water. When we look at security considerations, realism think that resources are a contributing factor to the balance of power, but do not affect the security dilemma. When we look at the accumulative power of water as a resource, we will find "neutral" in the sense that does not affect the fragile balance of power among potential rivals. On the other hand, the second objective of the article is different but associated. Water is a slightly different kind of SNR. Not only does it create conflict, but it also creates rivalries among those who perceive that they are going to face access problems to the resource; while at the same time, it does not push to resolve the situation violently, primarily in interstate conflict. A little bit more intense is the conflict around the resource when we look specific countries, but the difference in how they are solved is looking at the state capacity. If in interstate conflict, its accumulation is neutral, in an internal conflict, the accumulation power could be positive or negative, affecting the internal balance, creating more space for internal war. As a methodology, we use a descriptive and qualitative analysis of previously published works with the recent data around the issue to create a bright and differentiated view when we discuss war for water resources. Water is not the best case to argue in favor of views that emphasize a world prone to war. Moreover, we can say that there are fewer incentives to go to war for water than other resources. But the reader should be aware that the kind of insight we extract should not lead to develop a liberal approach to water governance. A realist approach to finite cooperation it is more useful to maintain stability. Water is strategic and related to territoriality, so identity considerations apply to hydropolitics, so states are important stakeholders in this issue. Nevertheless, we can think that some tension could arise between neighbors who share it. Much more difficult is a Great power taking steps into war for water. If they need it, they can buy their access to it. Even so, internally, the states could face conflicts around it. This difference is significant because we put too much time to talk and think about the international dimension of the problem when we should look at the internal dimension of it. With these in mind, the international discussion around water will be different and possibly better. consider, for example, the water contamination as a result of corporate activities. Neighbor states create a regime to overlook how, when and in which degree they pollute the shared resource. They establish limits around the river and coastal activities, they enforce it, and they get in around the table to deal with previous unconsidered situations. Furthermore, when differences arise, they stick to their commitments, even when the military balance is in favor of one part. We will divide the following article into three short and related discussions. The first part sets out to put in perspective the discussion around conflict and resources, giving water the specific place that it deserves. The second part turns around the geopolitics due location, availability, and scarcity are at the center of the discussion. Within this section, we will put the hydropolitics view to talk about the use of water. That is important because we will end our discussion looking at the differences between this resource and the others, for example, energy. With that in mind, this article serves as an introductory reading around how we think, act, and develop policy related to natural resources, showing that war is not the only possible result in resource competition. ; La idea del agua como recurso natural estratégico de la política internacional no es nueva, sin embargo desde la primera decada del presente siglo, el acceso a la misma ha cobrado especial intensidad. El presente paper pone en valor la idea de agua como recurso mediante el concepto de "Hidropolítica", al separar el mito de las llamadas "guerras por el agua" de la realidad geopolitica que trasunta al recurso. Al enfatizar en la dinámica conflictiva y en especial en la aspiración de las grandes potencias para hacerse del recurso, dejan marginada la discusion al entender del autor mas apremiante, que es identificar como el recurso afecta los procesos de la politica regional y global de manera diferenciada a partir de ponderaciones completamente distintas entre los actores alrededor del recurso. Al mirar al agua, y siguiendo las premisas del realismo, existe una mayor probabilidad que se produzcan conflictos en torno a la misma a partir del uso compartido, que por la intervención directa de un actor extraregional para tomar el control de la misma. El presente trabajo tiene por objetivo, discutir cuando un RNE es considerado factor de conflicto armado ya sea inter o intraestratal, para luego trasladar esa dinamica a la hidropolitica a los efectos si su importancia relativa hace o no que la dinamica en torno a ella sea diferente a la que existe alrededor de otros recursos. En este sentido esperamos demostrar al menos en las discusiones existentes y con la evidencia que muestra el relevamiento sobre lo reflexionado al respecto, es que en relación al agua, la potencialidad existente por los juegos de suma cero, parecen ceder su lugar a construir regimenes internacionales que administren o encapsulen el conflicto. Si en un período determinado aparecen lecturas o percepciones que hacen temer por un futuro donde la escaces provoque conflictos, el cambio tecnológico y la arquitectura institucional permite contemplar un espacio para la resolución de las divergencias que puedan surgir, sin que "la sangre llegue al rio".
