THE CHOICE OF WORDS, TRANSITIVITY, AND IDEOLOGY OF THE HEADLINES IN THE JAKARTA POST REPORTING APEC IN INDONESIA 2013 Lydia Anggar Wati Language and Literature Department, Faculty of Languages and Arts, Surabaya State University lydia82012@gmail.com Lisetyo Ariyanti, S.S., M.Pd Language and Literature Department, Faculty of Languages and Arts, Surabaya State University lisetyo.a@yahoo.com ABSTRAK Penelitian ini fokus dalam menganalisa headlines mengenai berita APEC karena headlines menyimpan informasi penting dari peristiwa di dunia. Rumusan masalah diantaranya (1) apa saja word choice dalam headlines di Koran The Jakarta Post pemberitaan APEC di Indonesia 2013, (2) apa saja transitivity yang ditemukan di headlines The Jakarta Post pemberitaan APEC di Indonesia 2013, (3) sikap ideologis apa pada word choices dan transitivity di headlines The Jakarta Post pemberitaan APEC di Indonesia 2013. Penelitian ini menggunakan deskriptif kualitatif. Data dikumpulkan dari koran harian The Jakarta Post mengenai APEC tanggal 9 September 2013 sampai 9 Oktober 2013 (31 hari). Hasil penelitian ini: 1) word choice yang ditemukan dalam headlines ditulis dalam bentuk simple present tense menunjukkan peristiwa yang baru saja terjadi. Headlines ditulis dalam bentuk klausa penuh yang terdiri dari sedikitnya subjek dan kata kerja. Pada headlines terdapat bentuk omisi dari verba bantu be agar penulisan berita lebih efektif, 2) proses verba sebagian besar menggunakan material process. Sirkumtansi dalam headlines ditulis oleh frase nomina dan frase kata kerja. APEC sering disebutkan sebagai aktor atau pelaku dalam headlines yang memiliki verba positif seperti vows, talks, hopes, changers. Dari kata kerja tersebut terlihat kekuatan dominasi aktor pada tujuan. Kata Kunci: headlines, word choice, transitivity, ideology ABSTRACT This study focuses on the analysis of the headlines newspaper in APEC news event because headlines provide the main important information of the events in the world. The research questions are (1) what the word choice is found in the headlines of The Jakarta Post reporting APEC in Indonesia 2013, (2) what the transitivity is found in the headlines of The Jakarta Post reporting APEC in Indonesia 2013, (3) what ideological in word choice and transitivity found in the headlines of The Jakarta Post reporting APEC in Indonesia 2013. The study is descriptive qualitative. The data was collected The Jakarta Post daily newspaper about APEC news event from September 9th, 2013 until October 9th, 2013 (31 days). The study found: 1) word choice is found in headlines is written in simple present tense form to show the immediate past happening. The headlines are written by full clause form which consist of minimal a subject and a verb. There is omission in headlines as the aim of the effectiveness headlines writing, 2) the process of the verbs are mostly material process. The circumstances of the headlines are written by noun phrase and verb phrases. APEC is mostly mentioned as the actor or the doer in the headlines that has positive verbs such as vows, talks, hopes, changers. From those verbs that is seen dominance power in actor for the goal. Keywords: headlines, word choice, transitivity, ideology INTRODUCTION Language is very important in human life to make good interaction, people need language to communicate with other. The language in use for communication is called discourse (Cook, 1989:6). It means that all of the language to use for communicating with other people is named "discourse". In the recently times, Linguists' interest in discourse focus on the linguistic structure of the text into how texts draw in the social process. The reason is linguists' want to get satisfied more than analyzing linguistic text which focused in linguistic features only. The knowledge of understanding in grammar, syntax, morphology, semantic and phonology of the text have not need of understanding in a text. The rhetoric intent, the coherence, and the worldview that the author and receptor convey the similarity essential of the text (Kaplan, 1990) as cited in Taiwo (2007:218). Texts always produce and read in real world with all the complexity, not in the isolation area. Consequently, language can show the reality. Language delivers from word by word in written or oral a broad sense of meanings and the meaning delivers with those words in social, political, and historical condition. Language can bring the power that shows in written or spoken. Mass media, it means that delivery message. It has two types of mass media. There are printed mass media and electronic mass media. Printed media are newspaper, tabloids, and magazines. Electronic mass media includes radio, smart-phone, and television. It is used to communicate with other political as the instrument to convey idea, message, and political work program. It has hidden of power relation. As one of the printed mass media, newspaper become as one of the most popular mass media. It occurs because newspapers contain many variant of news every day. By using actions of outstanding figures and statement, newspapers have formed. Opinion leaders, government, newspaper editors, etc, play crucial role in shaping the issue in the society and setting the boundaries of what is talked about, how is talked about (Taiwo, 2007: 218). However, the critical reader frequently takes the new granted. The analysis focused on the analysis of the headline newspaper because the headline summarize the content of the news, and attract the reader to read the article. The writer of newspaper always makes the headline short but in a headline can describe the core of the complicated new story in a few words. In Richardson (2007), Van Dijk (1988) says that news headlines are particularly key for the way readers understand of news text, they stakes that monitor attention, perception and reading process. The study concerned on headlines since daily newspaper provides the main important information of events in the world. Nevertheless, it is difficult for readers to read all of the news articles in the daily newspapers because all the variant news are very interesting and the time restraint. Therefore, they have to be selective by looking on the headline. The main function of news headline is to make the readers easily to know the main content of the news and the general picture of the news stories although they do not read all news stories. The study chooses The Jakarta Post daily newspaper as the sources of data since The Jakarta Post is the leading daily English language newspaper in Indonesia that published since 1983. The newspaper was launched on April 25th 1983. The paper is owned by PT Bina Media Tenggara, and the head office is in the nation's capital, Jakarta. It is the largest English language newspaper in Indonesia with an average circulation of around 50,000 copies. (www.wikipedia.com/jakarta-post). The analysis of headlines reporting APEC (Asia-Pacific Economy Cooperation) 2013 in Bali, Indonesia was the focus of the research since the news in September 2nd 2013 until October 14th 2013. In that day, Indonesia prepare everything what is needed to annual meeting of APEC in this year held in Nusa Dua, Bali, Indonesia. APEC is established in 1989 which has the aim to strengthen economic growth and strengthen the community of nations in the Asia Pacific. In the annual meeting in this year, APEC generate seven agreement. APEC have the important role in economic global. In that meeting, there are delegates 21 state leader who are important people in their country as presidents and a hundreds business people from whole the world. However, there are many particular world of economy-politic that they used. (http://id.wikipedia.org/wiki/Kerja_Sama_Ekonomi_Asia_Pasifik) The study has There are two similar studies. First, a similar studies was conducted by Kirana (2009). She conducted a study entitled "Critical Discourse Analysis of Headlines in The Jakarta Post Reporting Invasion in Gaza". Kirana's study and this study are quite similar on the analysis of headlines. The difference is sited of the data. She uses the data of the event of conflict in Gaza. However, this study analyzes headlines in story event of APEC 2013 that held in Indonesia. Second, a study was conducted by Yunianti (2010). She conducted a study entitled "Critical Discourse Analysis in The Jakarta Post Reporting Ruhut's Behavior During Parliament Inquiry Session On The Bank Century". The difference between this study and Yunianti's study, we have the same case (power and ideology), but this study analysis newspaper headlines while her study analyses newspaper's article. In the end of her study, she found ideological value that is showed by kinds of syntactical and word choice features utilized by articles The Jakarta Post newspaper. Furthermore, this study analyzes the headlines as the aim was attempt to look at how the language is used headlines to show particular social ideologies and power relations. Critical Discourse Analysis (CDA) as the method of Discourse Analysis was used as the approach to show development of linguistics features which is used in the headlines focused in studying and analyzing the linking between linguistics analysis and social analysis, the ideology, and power relations. The analysis headlines are produced by actual and social matters. CDA was considerably useful to show the source of power, dominance, abuse, inequality and bias and how these sources are initiated, maintained, reproduced and transformed within specific social, economic, political and historical context. More specifically, the study focused on the analysis of ideological representation in the headline present in examining the word choice and transitivity, particularly transitivity of the headlines. Therefore, this study is written to know the ideological distance underlying the linguistics forms existed in the headlines in The Jakarta Post newspaper reporting APEC in Indonesia. Hence, the study wants to analyze the word choice and transitivity of the headlines in The Jakarta Post newspaper reporting APEC in Indonesia 2013 so that the research questions are as follows: 1)What word choice is found in the headlines of The Jakarta Post reporting APEC in Indonesia 2013?, 2)What transitivity is found in headlines of The Jakarta Post reporting APEC in Indonesia 2013?, 3)What ideological stance in the word choice and transitivity found in headlines of The Jakarta Post reporting APEC in Indonesia 2013?. Moreover, the purposes of the study are: 1)To describe the word choice found of headlines in The Jakarta Post reporting APEC in Indonesia 2013. 2)To describe the transitivity found of the headlines in The Jakarta Post reporting APEC in Indonesia 2013. 4)To reveal the ideological stance in the word choice and transitivity found of headlines in The Jakarta Post reporting APEC in Indonesia 2013. The study intends to analyze word choice items and transitivity of the headlines APEC in The Jakarta Post by using CDA theory. The study is expected to be able to give theoretical and practical contribution to the area of applied linguistics and CDA. By conducting this study, the study greatly expects that the finding will be useful to enrich the awareness of how language assists especially through mass media in the particular social ideology and power relations. METHODE The study will be conducted by using qualitative research. The study approaches to Critical Discourse Analysis (CDA). Furthermore, Fairclough (1989:26) states that CDA has three dimension, or stages, of critical discourse analysis: which include the relationship between texts, interactions, and contexts. Thus, there are three steps in analyzing discourse are through description, interpretation, and explanation. Data analysis in this study was also done in three steps which then results in three forms of analysis: first, the analysis of the text; second the analysis of the discourse practice which refers to the process of text production, text distribution and text consumption as commonly happen in the culture in which the writer and the participants live; third, the analysis of the social practice of the society in which the writer and participants live. The source of data in this study is taken from The Jakarta Post newspaper on alternate days from September 9th, 2013 until October 9th, 2013 (31 days). The data are the headlines which taken from The Jakarta Post newspaper. The study chooses the story event of APEC 2013 which held gathering in Indonesia. The data consist of 10 headlines. The data analysis technique in this research was applied descriptive analysis. The aim of the study was to describe certain phenomena occurred in this research setting. The certain phenomena probably occurred in terms of linguistic features. The stages of CDA are proposed by Fairclough (1989:26) was used in this research in the following procedure: 1)Description, In this stage which is concerned with formal properties of the text. There are several steps to describe the texts: Analyzing the word choice: the choices meaning of words used in the headlines, including all types of words, but particularly nouns, adjectives, verbs, and adverbs which carry connoted and denoted meanings. Analyzing the transitivity: sentence construction. There are three components to discuss in transitivity, they are the participant, the process, and the circumstance; 2)Interpretation, It is focused in relationship between text and interaction by seeing of the text as the product of a process of interpretation, notice that is used as the term interpretation for both the interactional process and a stage of analysis; 3)Explanation, It is focused in relationship between interaction and social context by determination of social process of production and interpretation, and their social effects. Then, the data collect based on the focus of this research. After that the data are analyzed based on word choice and transitivity. Thus, the data are interpreted descriptively and argumentatively by using critical discourse analysis devices in order to reveal the ideological stance of headlines of The Jakarta Post newspaper reporting APEC 2013 in Indonesia. DATA ANALYSIS AND DISCUSSION In line with study, the research question one, two, and three will be answered in this section. The data consist of 10 headlines which are displayed by three parts. In part A, the data will be analyzed by word choice, then part B analyzes transitivity and the last is part C that the data will be investigated by the ideological stance. Data 1: Protest in motion amid poor security (The Jakarta Post, Monday, September 30, 2013) In data 1, the situation is three days before APEC summit. APEC was held in Bali that got negative response from the activists and students Hundreds of activists and students came together on Sunday to plan protests against the Asia-Pacific Economic Cooperation (APEC) summit in Bali amid signs of heightened security at the venues that will host the powwow of 21 Pacific-rim leaders this week. Activist Ni Luh Gede Yastini from the Bali Legal Aid Foundation, confirmed that hundreds of activists from more than 30 local and international non-governmental organizations under the Indonesian People's Alliance would carry out protests against the summit. They had not been determined because they were aware that security forces could possibly block the moves as they could be considered a disturbance to the summit. In addition, the alliance will probably raise issues such as the environment, migrant workers, human rights and fair trade. Other issues will also include religious intolerance, unsolved killings of activists, alleged human rights abuses in Papua and foreign occupations of domestic natural resources. Activists reject "the liberalization of investments" which would provide red carpets to foreign businesses to easily exploit Indonesia's natural resources. Dozens of students had already staged a small "anti-APEC" rally outside the Ketapang Port in Banyuwangi, East Java, on Sunday. The port is the gateway for those who travel by land from Java to Bali. (The Jakarta Post) a. Word choice The headline in data 1 is written in simple present tense which omits being of the verb. The headline (3) may read: Protests in motion [is] amid poor security. The omitting being of the verb (is) as the aim to make the headline writing more effective so that it can shows clear, short, and interesting. The headline (3) consists of a subject protest in motion as noun phrase and the complement object amid poor security as prepositional phrase. The word protest means that to the expression strong disagreement with or opposition to something. Protest refers to the act that doing by hundreds activists and students who against APEC summit 2013 in Bali. b. Transitivity The headline in data 1 is written in active sentence which uses relational process. The headline (3) consist of a carrier protest in motion (noun phrase) and attributive amid poor security (prepositional phrase). The omission (is) is classified into relational processes, process of being abstract relations such as have, seem, and be (is), which involve an agent and attributive (e.g. 'You are x'; I have y'). The carrier is protest in motion and the attributive amid poor security. In the other written, it can be said that protest in motion is among poor security. Look at the fraction below: Protest in motion [is] Amid poor security Carrier Process: relational Attributive c. Ideological stance The headline in data 1 is negative side for delegates of APEC, 21 state leaders. In this case, it can unsafe for them. The summit is crucial to discuss economy growth. The headline tries to show protest motion that is done by hundreds activist and student to against APEC summit. Dozens of students had already staged a small "anti-APEC" rally outside the Ketapang Port in Banyuwangi, East Java, on Sunday. The port is the gateway for those who travel by land from Java to Bali. In the text tells who is the doer, the one who against APEC summit. Data 2: No game changers at APEC summit (The Jakarta Post, Wednesday, October 02, 2013) In data 2, Asia-Pacific Economic Cooperation (APEC) officials may drive a hard bargain to produce new tangible trade policies as the bloc's prestigious annual summit kicked off on Tuesday amid perturbing signs in the US economy that, once again, sent jitters across the globe. For the duration of the concluding senior officials meeting (CSOM), which will run from Oct. 1 to 2, officials from the 21 Pacific-rim economies would have to show their commitment to the "Bogor Goals" of free, open trade and investment. Officials expect no "big surprises" in the attempt to progress on the liberalization of trade, but are aware of several contentious issues that have the potential to hurt Indonesia and other emerging economies, if not addressed properly during the negotiations. According to documents obtained by The Jakarta Post, there are five deliverables to be discussed as first priorities of the summit. These include Indonesia's initiative to include crude palm oil (CPO) and natural rubber on the list of environmental goods subject for liberalization. Indonesia, which holds the rotating APEC chairmanship, has several requirements for businesses to use local products for certain industries, such as oil and gas. Economist Sri Adiningsih of Gadjah Mada University's APEC study center said Indonesia should focus on taking advantage of existing commitments rather than trying to push for a new agenda. While the summit is likely to produce few benefits for domestic interest, it is crucial to help facilitate other APEC priorities such as commitments to help avoid another round of impasse in the upcoming World Trade Organization (WTO) ministerial conference in December in Bali. APEC accounts for about 55 percent of the world's gross domestic product (GDP), some 44 percent of global trade and 40 percent of the world's population (The Jakarta Post). a. Word choice The headline in data 1 is written in full clause, consists of a subject no game (noun phrase), a verb changers (infinitive +s) and an complement at APEC summit. No classified in adverb, it means that used with a following adjective to imply a meaning expressed by the opposite positive statement, game (common noun) means a physical or mental activity or contest that has rules and that people do for pleasure, the verb changers means to replace with another. The verb summit means international meeting; a meeting or series of meetings between the leaders of two or more governments, so that the complement at APEC summit means that International organization meeting. b. Transitivity The headline in data 1 is written in active sentence. According to SFL: Transitivity, the process of the sentence is intransitive action which consists of only one participant no game, the actional verb changers which is intransitive verb which does not need object and circumstance at APEC summit, an additional information of the purpose of the action. The processes of doing in the physical world are shown in material processes that show the power of the doer of doing something to the real world, unlike mental processes which are abstract. Look at fraction below: No game Changers At APEC summit Actor Process: material Circumstance: purpose c. Ideological Stance The headline in data 6 is positive toward APEC. the word no as the negation of the verb game. APEC is the International organization. In this case no game can be changers in this International meeting. Indonesia no longer pushes for green goods. Another summit priority, is the US initiative to discuss barriers to trade, which includes opposition against local-content requirements implemented by several APEC members, including Indonesia. Indonesia, which holds the rotating APEC chairmanship, has several requirements for businesses to use local products for certain industries, such as oil and gas. While the summit is likely to produce few benefits for domestic interest, it is crucial to help facilitate other APEC priorities such as commitments to help avoid another round of impasse in the upcoming World Trade Organization (WTO) ministerial conference in December in Bali. The headline is definitely positive toward APEC. To know furthermore of the information, the study classified the analysis of the headline in the table below. No Headlines Word Choice NP FC Process Ideology 1. Competitive SMEs 'crucial' to APEC's growth Compe-titive SMEs - P Relational process Positive 2. Nusa Dua closed for tourists during APEC Nusa dua - P Relational process Positive 3. Protest in motion amid poor security Protests - P Relational process Negative 4. SBY to have bilateral talks with Obama in Bali SBY - P Verbal process Positive 5. APEC agrees to joint efforts to develop renewable energy APEC - P Material process Negative 6. No game changers at APEC summit No game - P Material process Positive 7. RI hopes for deal on rubber shattered RI - P Mental process Negative 8. Challengers force APEC to adjust Challen-gers - P Material process Positive 9 Giants exert clout at APEC Giants - Material process Negative 10 APEC vows to avoid mishaps APEC - Material process Positive Table 1. Word Choice, Transitivity, and Ideology *Note: NP= (Noun Phrase); FC= (Full Clause) Discussions Table 1 the word choice, transitivity and ideology of the headlines into who is the actor or doer, writing headlines, involving in which process, in the end of the analysis it can conclude that what the ideology inside of headlines. First is classified into who is the doer in that event which can show the subject or the doer regularly appear in headline newspaper. Here are the headlines which actors are APEC, it shows in headline in data 5 and data 10. Data 5: APEC agrees to joint efforts to develop renewable energy Data 6: APEC vows to avoid mishap APEC is classified in proper noun which is abbreviation from Asia Pacific Economy Cooperation. Proper noun is a word which is the name of person (e.g. Lisa, John, Marry, etc), a place (e.g. Surabaya, California, Sydney, etc.), an institution (State University of Surabaya, Oxford University, etc.), etc. And it is written with a Capital Letter wherever its located in a sentence. In these headline, the proper noun APEC refers to the International economy meeting summit. The member of APEC consist of Australia, Canada, Indonesia, Japan, South Korea, Malaysia, New Zealand, Philippines, Singapore, Thailand, United States, Chinese Taipei, Hongkong, China, Mexico, Papua New Guinea, Chile, Peru, Russia, Vietnam. Meanwhile, APEC as the doer or participants above, it is essentially useful to quantify the types of clause and verb processes used and their distribution across sampled newspaper. The table above is clearly that shows the principle difference between the headline: the ratio of noun phrase (NP) headlines to choose containing full clause (FC). All the headlines APEC summit 2013 in Bali are written in full clause, no one of the headline is written in noun phrase. Full clause consist of minimal one subject and one verb. The headline is written in full clause as the aim to give emphasize the actor or the doer who does the action towards the goal, not only states the noun phrase of the doer, the goal or the result that the doer does. Furthermore, classifying into processes that the processes which have four main verb processes across the headline. The process has four type which consist of material process, verbal process, mental process, and relational process. Look at the headlines below: Data 1: Competitive smes 'crucial' to APEC Data 2: Nusa dua closed for tourists during APEC Data 3: Protest in motion amid poor security The example of headlines above is classified in relational process which can show the typically retain the source responsible for the statement. The headlines is written in shorter, punchier headlines, and the omission of be (is, am, are) as the aim to make effectiveness in headline writing is classifies into relational process, process of being in the world abstract relations. According SFL: Transitivity, the abstract relationships generally finds between two participants associated with the process is regarded, however it is different from material process, a participant does not influence the other participant in a physical sense. The omission (is) is classified into relational processes, process of being abstract relations such as have, seem, and be (is), which involve an agent and attributive (e.g. 'You are x'; I have y'). The verbal process is used in this headline: Data 4: SBY to have bilateral talks with Obama in Bali The word talks is classified in verbal processes, a process of saying such as speaking, shouting, or singing. The word "talk" support of (Halliday 1994: 107) that the verbal process expresses the relationship between ideas constructed in human consciousness and the ideas enacted in the form of language. A verbal process is the process of saying, and it exists on the borderline between mental and relational processes. The participants roles associated with verbalization processes are the sayer, the individual who is speaking and that of the target, the addressee to whom the process is directed. This may be added with verbiage, that which is said. The mental process is used in this headline: Data 7: RI hopes for deal on CPO rubber shattered. From the headline in data 7, it can be shown that the headline includes Mental processes. That is the fact that theory from (Halliday, 1994: 117) that Mental processes are "internalized" processes which exists in processes of doing and speaking. The example are such as thinking, dreaming, and deciding. Mental process by encode the meaning of feeling or thinking. Mental process verbs can be subcategorized into three types; Cognition (verbs of thinking, knowing, understanding), Affection (verbs of liking, loving, fearing, heating), and Perception (verbs of seeing, hearing). The word "hopes" includes in dreaming as the article of the text tells that RI has dream or hopes to lift barriers to the trade in Crude Palm Oil (CPO). The material process is used in this headline below: Data 5: APEC agrees to joint efforts to develop renewable energy Data 6: No game changers at APEC summit Data 8: Challenges force APEC to adjust Data 9: Giants exert clout at APEC Data 10: APEC vows to avoid mishap According SFL: Transitivity, the headlines above belongs to the material process, processes of doing in the physical world. Material processes have two inherent participants involved in them. The first of these Actors, which is an obligatory element and expresses the doer of the process. The second is the Goal, which is an optional element and expresses the doer of the process. In addition to these two inherent participant roles, there is an extra element called Circumstance, which provides additional information on the "when, where, how, and why" of the process. Furthermore, the circumstance associated with the process also contribute to an ideological representation of the APEC summit. In the sampled headlines, the circumstance regularly exists in prepositional phrase which can be used to modify both noun and verb phrases, providing extra details on the time, place or the manner in which the action described in the process. They are identified by a preposition (e.g. 'in', 'of', 'on', 'for', 'to', 'with', 'as' etc). The use of preposition in each of these headlines is highly ideological. In each case, the prepositional phrase is underlined: Competitive smes 'crucial' to APEC Challenges force APEC to adjust The reporters or the publication is most often positive toward APEC. The headlines state APEC as the doer which has dominate power which does the actions towards the goal. It can be shown of 10 headline that the headlines writer does not want to cover or hide the subjects or the doers or the actions even the circumstances of the events. Actually, it is the fact that the way of reporting is very ideological since wants the readers to be clear on who is the doer is, the action and the effected entity. The writer wants the readers have the same thinks. Thus, most of the sample headlines have positive ideology towards APEC. Besides APEC, to increase the economy of 21 economies in Asia Pacific, there is Small and Medium Enterprises to unleash economic potential and drive growth. Smes is very useful to the advancement of the ASEAN community and the global community in 2020. Most of all the 21 APEC leaders had proposed bilateral meetings with Susilo Bambang Yudhoyono as the president of Indonesia. APEC was held in Indonesia has positive towards Indonesia so that's way the ideological stance is shown of the headline writer, in this case the editor of The Jakarta Post who represents the ideological stance of the institution. The Jakarta Post newspaper is daily English newspaper in Indonesia has budget of selection news which is showed for world so that people in the world will know Indonesia actually with reading The Jakarta Post newspaper. It is built in 1982 as the collaboration between four Indonesian media under the demanding of minister of information Ali Moertopo and politician Mr. Jusuf Wanandi, who represented the government-backed Golkar newspaper Suara Karya. Minister Moertopo mentioned the possibility of publishing an English-language newspaper of the highest editorial quality. The Jakarta Post newspaper is more than a decade of opening up the economy to the global community but more importantly one that would be able to provide an Indonesian perspective to counter the highly unbalanced Western-dominated global traffic of news and views. CONCLUSION AND SUGGESTION Conclusion The data consist of 10 headlines about news event of APEC. The study finds word choice in headlines that the headlines are written in simple present tense that is shown the immediately past event. The headlines that consist of 10 headlines are written by full clause (FC) form which consist of minimal a subject and a verb. The subject or the doer of the headlines are mostly APEC which can be seen that the focus of news reporting is APEC. From the subject or the doer of headlines, APEC is shown as active doer that has dominance power in APEC news event that APEC summit 2013 in Nusa dua, Bali. The most dominance verbs are mostly infinitive+s with singular subject that consist of such as the verbs talks, efforts, changers, hopes, vows. From the verbs are describe the active action for the power relation in the doer and the goal. Furthermore, the process of the verbs are mostly material process which have two inherent participant involved in them. According SFL: Transitivity material process is process of doing in the physical world. There are some omission in headlines as the aim of the writing of headlines more effective. The circumstance in the headlines are written by noun phrase and verb phrases, supplying extra details on the time, place or the manner in which the action described in the process. They are identified by a preposition (e.g. 'in', 'of', 'on', 'for', 'to', 'with', 'as' etc). The use of preposition in each of these headlines is highly ideological which concluded of the analysis in headlines that the study has positive appreciation, feeling, and judgment with APEC summit 2013 in Bali. APEC is mostly mentioned as the actor or the doer in the headlines that has positive verbs such as vows, talks, hopes, changers. From those verb that is seen dominance power in actor for the goal. Suggestion The study analyzes the headlines in The Jakarta Post newspaper which is as the object of study. The headlines are elaborated based on the word choice features, transitivity, and the end of the analysis can be investigated the ideological distance. It can be shown by the object of sentence in headlines. For the future, the study hopes the deeper investigation to have a more critical analysis and useful for studying critical analysis to be better. REFERENCES Brown, Gillian and Yule, George. 1983. Discourse Analysis. Cambridge: Cambridge University Press Cook, Guy. 1992. 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Беневич Г. И. Логос Мелхиседека. Экзегеза и парадигма обожения у прп. Максима Исповедника В этой статье рассматривается один из сложнейших вопросов библейской экзегетики образ Мелхиседека и его связь с образом Христа. На материале ряда сочинений прп. Максима Исповедника показывается значение этого вопроса для восточного богословия VII в. Ключевые слова: Максим Исповедник, Мелхиседек, Христос, экзегетика. Benevich G. I. Logos of Melchizedek. The Учупуышы and Paradigm of Deification in the Works of Maximus the Confessor In the article, there is regarded one of the most complex matters of the Bible exegesis, i. e. image of Melchizedek and its relation to the image of Christ. The meaning of the matter for Eastern Theology of the VII century is shown through a set of writings of St. Maximus the Confessor. Key words: Maximus the Confessor, Melchizedek, Christ, exegesis. Бирюков Д. С. Николай Мефонский и его полемика с учением Прокла в контексте византийского проклренессанса Статья посвящена особенностям полемики византийского церковного писателя XII в. Николая Мефонского с учением Прокла. Указано на платонизирующих византийских авторов современной Николаю эпохи, с которыми он мог неявно полемизировать. На примере преломления Николаем платонического учения об иерархии причин сущего и учения об универсалиях показано, что Николай склонялся к номинализму и расходился в этом как с неортодоксальными, так и с некоторыми ортодоксальными авторами, а также с распространенной в Византии позицией, характерной для Александрийской школы Аммония, предполагающей троякий способ существования универсалий. Ключевые слова: византийская философия, проблема универсалий, платонизм, Александрийская школа философии, византийский проклренессанс. Birjukov D. S Nicholas of Methone and His Polemics Against Proclus in the Context of the Byzantine Proclosrenaissance The article is concerned on the features in polemics of the Byzantine Church author Nicholas of Methone with the authorities who kept the doctrine of Proclus in XII century. We have suggested the names of the authors in Nicholas' epoch, with whom he could maintain his latent dialogue in his writings. On the example of interpreting the Platonian notion concerning the hierarchy of causes of Being and the notion of Universals we show that Nicholas whose more inclined to Nominalism, fallen into divergence both with Non-orthodox and same Orthodox authors on that point. So that the analysis of his writings reveals the difference with the widespread position in Byzantium, characteristic to the Alexandrian school of Ammonius, which supported the Doctrine of Universals' existing in three modes. Key words: Byzantine philosophy, the problem of universals, Platonism, Alexandrian school, Proklosrenaissance. Бурановская Н. А. Сакрализация камня в культуре Средневековой Индии Сакрализация камня как наиболее долговечного материала, способного запечатлеть ценностные доминанты и духовные смыслы культуры, характерна для большинства цивилизаций Востока. В данной статье рассматривается космологическая символика индуистских храмов, являвшихся в своей исторической эволюции развитием идеи жертвенного алтаря. Ключевые слова: Индия, индуизм, каменное храмовое зодчество, сакрализация камня. Buranovsky N. A. Stone Sacralization in Culture of Medieval India The stone sacralization as the most durable material, capable to embody valuable dominants and spiritual senses of culture, is characteristic for the majority of civilisations of the East. In given article the cosmological symbolism of Hindu temples which were development of idea of a sacrificial altar in the historical evolution. Key words: India, Hindu, stone temple architecture, a stone sacralization. Бурмистров С. Л. Эстетика неоведантизма и принцип dhvani В статье на примере философии искусства С. Дасгупты рассматриваются некоторые особенности неоведантистской эстетики и ее связи с эстетическими представлениям древней Индии и с западной эстетической мыслью (Г. В. Ф. Гегель). Анализируется роль понятия dhvani (намек, скрытый смысл) в индийской эстетике и особенности восприятия неоведантистами гегелевского учения об искусстве как образном воплощении идеи. Ключевые слова: эстетика, прекрасное, неоведантизм, Гегель, dhvani. Burmistrov S. L. Esthetics of Neo-Vedantism and the Dhvani Principle In the paper specific features of neo-vedāntist aesthetics (S. Dasgupta's philosophy of art) are considered and its relations with aesthetic theories of ancient India and with Western aesthetic thought (G. W. F. Hegel) are examined. The main topic of the paper are the role of the concept dhvani (hint) in Indian aesthetics and specific features of neo-vedāntist reception of Hegel's theory of art as an embodiment of an idea. Keywords: Aesthetics, beauty, neo-vedāntism, Hegel, dhvani. Гольцев Д. В. Образ Храма в истории и современной культуре евреев Единство языка, традиций, культуры, которые еврейский народ сохраняет на протяжении более четырех тысяч лет покоятся на религиозном фундаменте иудаизма. Желание иудеев жить в чистом и святом мире, который был утерян прародителями после грехопадения, воплотилось в Храме. Идея Храма укоренена в самих истоках истории еврейского народа. И вся история евреев по сей день неразрывно связана с Храмом. Ключевые слова: культура, религиозное сознание, Храм, синагога. Goltsev D. V. Image of the Temple in the History and Contemporary Culrure of Jews The unity of language, traditions, and culture preserving by the Jewish people throughout more than four thousands years base on the religious foundation of Judaism. The desire of Jews to live in the clear and holy world lost by progenitors after the Fall had been embodied in Temple. The idea of the Temple is grounded in the very origins of Jewish history. And the whole history of Jews is intimately connected with the Temple to the present time. Key words: culture, religious consciousness, the Temple, synagogue. Воробьева-Десятовская М. И. Мечников Л. И. и русская цивилизация XIX в. Статья посвящена страницам биографии Л. И. Мечникова. Автор анализирует его жизненный путь, чтобы выяснить, когда ученый задался вопросом о причинах зарождения цивилизаций. Он считал ошибочным усматривать причину зарождения древних цивилизаций в благоприятных климатических условиях, поскольку климатические условия, в которых зарождались цивилизации, не были идентичны. Л. И. Мечников первым в русской науке сделал шаг к выявлению роли географического фактора в историко-цивилизационном процессе. Ключевые слова: первобытная культура, географический фактор, изменения климатических условий Vorob'yova-Desyatovskaya M. I. L. I. Mechnikov and the Russian Civilization of the XIX Century. This article is devoted to crucial points of L. I. Mechnikov's biography. The author analyzed his life story in order to explain how he conceived the idea of civilizations' origin. Mechnikov rejected auspicious climatic conditions as the main cause of the ancient civilizations' arising. He proved the exceptional role of geographical factor of historical-civilizational process. Mechnikov was the first Russian scientist who represented this mode of thinking. Key words: primitive culture, the geographical factor, changes of environmental conditions. Джибраев А. Ю. Судан-2011: грядущая религиозно-иделогическая реструктуризация До референдума 2011 г. о разделении Судана на южное и северное государства осталось менее года. В контексте столкновения западного, американского образца, и исламского проектов глобализации актуальным представляется и обсуждение, и прогнозирование геополитических последствий референдума. Cтатья посвящена анализу суданского узла пересечения интересов Запада и стран исламского мира: социально-политической и экономической ангажированность Судана, внутрисуданских политических противоречий, позиций Евросоюза и США в разделении Республики Судан. Ключевые слова: геополитика, суданский референдум, исламистские национальные движения Dzhibraev A. Y. Sudan-2011: Сoming Religious & Ideological Restructurization Less than one year has been left prior to the Referendum-2011, targeted to divide Sudan on the South and North states. In the context of clash of the Western, American and Islamic Globalization Projects, to discuss and forecast the geopolitical implication of the Referendum seem to be actual. This article is designated for analyzing the Sudanese intersection node of the Western and Islamic countries' interests and meaning the social & political involvement and commitment of Sudan, internal Sudanese political contradictions, and the EU & EC positions on division matters of the Republic of Sudan. The attention is focused to discussing the forthcoming reaction to the Referendum results in the conditions of a potential local East Africa's conflict transplantation into the ideological fields of challenge for various Globalization Projects and with the view of preventing the negative consequences for the neighboring regions regarding formation of two independent states. Key words: geopolitics, Sudanese Referendum, islamist national movements. Ермакова Т. В. Вклад монголоведа А. М. Позднеева в исследование буддийской культуры Статья посвящена анализу вклада монголоведа А. М. Позднеева в исследование буддийской культуры. Проанализированы результаты двух его поездок в Монголию (1876, 1892): описание буддийских монастырей в аспекте управления, религиозных практик, архитектуры и повседневной жизни, восстановлена его концепция историко-культурной уникальности центральноазиатской региональной формы буддийской культуры. Ключевые слова: буддизм, Монголия, российские экспедиции. Ermakova T. V. Personal contribution of mongolist A. M. Pozdneev into Buddhist culture research This article is devoted to the evaluation of the personal contribution of the Russian mongolist A. M. Pozdneev into Buddhist culture research. Notable results of his two expeditions into Mongolian region were analyzed: complex description of the Mongol Buddhist monasteries in various aspects: management, religious practices, architecture and everyday life. Pozdneev's conceptualization of Mongol regional form of Buddhist culture was analyzed. Key words: Buddhism, Mongolia, the Russian expeditions. Касаткина З. А. Дирижерско-хоровая педагогика и образование в России на современном этапе Статья посвящена проблемам теории хорового дирижирования, методике преподавания дирижирования, а также вопросам полифункциональности данной профессии. Рассматривается проблема качественной подготовки и воспитания хорового дирижера высокой квалификации, выявление специфических дирижерских способностей, раскрытие понятия дирижерско-хоровая школа, определение основных методологических и теоретических аспектов основ системы хорового образования и исполнительства. Ключевые слова: теория хорового дирижирования, дирижерско-хоровое образование, педагог, музыкант, дирижерско-хоровая школа. Kasatkina Z. A. Choir Conducting Pedagogy and Education in Russia at Present Days The article is dedicated to theoretical questions of choir conducting, choir conducting teaching methodology as well as to questions related to multifunction of this profession. The author contemplates such issues as: education of highly qualified choir conductor, revelation of specific conductor skills, academic detailing of meaning for choir conducting school, determination of basic methodological and theoretical aspects of choir and performance educational system and its basis. Key words: theory of choir conducting, choir conducting education, pedagogue, musician, choir conducting school. Климов В. Ю. Светские власти, Рэннё, восьмой иерарх буддийской школы истинной веры Чистой Земли, и ее адепты в средневековой Японии В XVI в. крупные феодалы сэнгоку-даймё законодательными мерами стремились запретить деятельность адептов буддийской школы дзёдо синсю. Школа была основана Святым Синраном (1173-1263). Рэннё (1415-1499) в XV в. сумел создать мощную религиозную организацию. Он отстаивал основные положения Учения школы, борясь с искажениями и ересями. Ключевые слова: религиозное движение икко-икки, буддистская школа дзёдо синсю, Синран, Рэннё, буддистский храм Хонгандзи. Klimov V. J. In the XVI-th century feudal lords sengoku daimyo tried to prohibit the activities of religious followers of Buddhist school jodo shinshu by law The Buddhist school was founded by Saint Shinran (1173-1263). In the XV-th century Rennyo (1415-1499) managed to create a powerful religious organization. He was supporting main statements of the religious doctrine, and was fighting against its misinterpretations and heresies. Key words: Religious movement ikko-ikki, Buddhist school jodo shinshu, Shinran, Rennyo, Buddhist temple Honganji. Ларионова Д. Г. Лингвокультурные предпосылки формирования концепта родина Статья посвящена формированию концепта родина на фоне американской лингвокультуры. Анализируются типологические особенности русской и американской культур, обусловившие различия в значимости концепта для языкового сознания русских и американцев. Исследуются лингвокультурные предпосылки формирования концепта родина как базового концепта русской культуры. Сопоставляются переводные соответствия концепта в русском языке и американском варианте английского языка. Ключевые слова: родина, концепт, русская культура, американская культура, лингвокультура, Larionov D. G. Lingual-Cultural Premises of Formation of the Motherland Concept The article is dedicated to the formation of the motherland concept against the background of the American lingual culture. The typological features of the Russian and American cultures that cause different meaning of the concept in the lingual consciousness of the Russian and American people are analyzed. The lingual cultural premises of formation of the motherland concept as a basic concept of the Russian culture are considered. The translated equivalents of the concept in the Russian and American English are compared. Key words: motherland, concept, Russian culture, American culture, lingual culture. Марахонова С. И. Выдающийся исследователь японской художественной культуры Сергей Елисеев и его петроградское окружение Статья посвящена деятельности С. Елисеева в области искусств, которое было его центральным интересом, что дает повод историкам считать его, прежде всего, специалистом в области дальневосточной культуры и искусств. Елисеев начал свои исследовательские изыскания, обучаясь в Японии. Позже, в 1915-1920 в Петрограде он подготовил лекции по дальневосточному искусству для Государственного университета и других институтов. Елисеев прожил первое десятилетие в эмиграции в Париже, где он работал как хранитель японской коллекции в музее Гиме. Парижский период был самым плодотворным для научной деятельности. С 1934 по 1958 С. Елисеев профессор Гарвардского университета США и директор Института Гарварда. Ключевые слова: востоковедение, Сергей Елисеев, дальневосточное искусство, культура Японии и Китая. Marakhonova S. I. The Outstanding Far Easten Fine Arts'scholar Serge Elisseeff and His Petrograd Environment The article deals with Serge Elisseeff 's activities in the field of fine arts. This was one of his most great interests and he is considered by some people the history of Far Eastern culture and fine arts scholar first of all. Elisseeff began his fine arts studies when a student in Japan. Later in 1915-1920 in Petrograd he prepared a lot of lectures on Far Eastern fine arts at the state university and some other institutes. Elisseeff spent the first decade of his emigration from Russia in Paris where he worked as the Japanese collection keeper in the Guimet museum. The Paris period was the most productive for Elisseeff 's scientific publications most part of which belonged to fine arts' problems. From 1934 to 1958 Serge Elisseeff spent in the USA as the Harvard University professor and director of the Harvard-Yenching Institute. Key words: Oriental studies, Sergey Yeliseyev, Far East arts, culture of Japan and China. Матюшкина Е. Н. Тип героя в исторических романах Б. Окуджавы В статье делается попытка создания типологии героя в исторической прозе Б. Окуджавы. Для этого рассмотрены произведения Бедный Авросимов, Похождения Шипова или Старинный водевиль, Свидание с Бонапартом, Путешествие дилетантов. В романах Окуджавы происходит трансформация героя середины XX века, наблюдается своеобразная модификация образов маленького человека (Авросимов, Шипов, Опочинин), лишнего человека (Мятлев). Ключевые слова: историческая проза, типология героя, маленький человек, лишний человек. Matyshkina E. N. Type the Hero in Historical Novels B. Okudzhava The seeks to make a typology of the hero in historical prose B. Okudzhava. To do this, consider the product Poor Avrosimov, The Adventures Shipova or old vaudeville, Rendezvous with Bonaparte, Journey dilettantes. In the novels there is a transformation of the hero Okudzhava mid XX century, there has been a kind of modification of images of the little man (Avrosimov, Shipov, Opochinin), superfluous man (Myatlev). Key words: historical prose, the typology of the hero, little man, superfluous man. Махлина С. Т. Значение Эдварда Саида в современной культуре и культурологи Доминантным аспектом современной культуры является глобализация. Конечно, это явление имеет черты двойственности. Основные особенности глобализации очень ярко воплотились в судьбе и творчестве Эдварда Вади Саида (1 ноября 1935 г. 25 сентября 2003 г.). И жизнь, и творчество, и политическая, и общественная деятельность его настолько двойственны, что отражают все противоречия глобализации. Фигура Эдварда Саида весьма 320 показательна для современной эпохи и, несомненно, значима для современной культуры и культурологии. Ключевые слова: глобализация, культура, культурология, Запад, Восток, ислам. Mahlina S. T. Edward Said's Value in Modern Culture and Cultural Science Globalisation is a dominant aspect of modern culture. This phenomenon is surely of dual nature. Main features of globalization are embodied in the art and life of Edward Wadie Said (1.11.1935-25.09.2003). His art and life, his political and social activity, are so ambiguous that reflect all controversies of globalization. Edward Said is a representative figure of the modern times and is definitely significant for the modern culture and culture studies. Key words: globalization, culture, culture studies, West, East, Islam. Микитюк Ю. М. Категории органической теории в идеологии почвенников В статье рассматриваются основные положения органической теории, раскрывается ее место в идеологии почвенничества. Анализ таких понятий, как народность, нация позволяет раскрыть решение почвенниками проблемы соотношения национального и общечеловеческого. Ключевые слова: органическая теория, нация, народ, почва, Григорьев, Страхов, Достоевский. Mikityuk Y. M. The Organic Theory in Ideology of Pochvenniks This article discusses the basic statements of the ''organic theory', it also reveals its place in the ideology of Pochvennichestvo. The analysis of such concepts as nation, nationality, nation may allow to solve the problem of the relationship between national and universal by representatives of this ideology. Key words: the organic theory, nation, people, national, soil, Grigoriev, Strahov, Dostoevsky. Михайлова М. В. Классический текст как личное бытие Классический текст рассматривается с позиций онтологической эстетики как один из видов личного бытия. Метафизическая потребность, лежащая в основе искусства, особенным образом реализуется в литературе. Благодаря совершенному тексту, гармонично соединяющему стратегии значения и присутствия, становится возможным эстетическое событие встречи автора, читателя и языка, имеющее важнейшим своим следствием перенастройку личности в согласии человека и мира. Ключевые слова: классика, текст, бытие, язык, автор, читатель. Mikhailova M. V. Classical Text as a Personal Being The article deals with the problem of classical text considered from the point of view of ontological esthetics as a kind of personal existence. The metaphysical requirement underlying art, is realized in literature in a special way. Thanks to the perfect text harmoniously connecting meaning and presence strategies, an esthetic event of a meeting of the author, the reader and the language become possible. Key words: classics, text, being, language, author, reader. Муравьев К. В. Два модуса триадологии А. Ф. Лосева В статье рассматривается триадология известного русского философа Алексея Федоровича Лосева, которая соединяет в себе диалектические начала античной философии и христианское православное богословие. Ключевые слова: триадология, ипостась, онтология, неоплатонизм, диалектика. Muravyev K. V. Two Modi of A. F. Losew's Triadology In the article triadology of noted Russian philosopher Alexey Losew which unites the dialectic principles of an ancient philosophy and Christian orthodox divinity is considered. Key words: triadology, hipostasis, ontology, Neo-platonism, dialectics. Островская Е. А. Теория традиционных религиозных идеологий: методологические возможности и горизонты применимости Статья посвящена презентации принципиально нового подхода к социологическому исследованию процессов институционализации религиозных систем. Методологическое ядро разработанного автором подхода составляет теория традиционных религиозных идеологий, содержащая в себе концептуальный инструментарий для изучения религиозных идеологий Запада и Востока. Авторское рассмотрение сфокусировано на теоретико-методологическом разъяснении таких ключевых концепций этой теории, как традиционные религии, религиозная модель общества, аналитическая схема институционализации религиозных систем. Особый интерес представляет предложенная в статье демонстрация методологических возможностей теории в аспекте преодоления эпистемологической ограниченности постхристианских академических моделей изучения религий. Ключевые слова: религиозные идеологии, социология религии, эпистемологические основания научного изучения религий Ostrowskaya E. A. Theory of Traditional Religious Ideologies: Methodological Capabilities and Horizons of Applicability The article presents a new approach to sociological study of religious systems institutionalization processes. In the core of this approach there is a theory of traditional religious ideologies, as providing a methodological tool for analysis of religious ideologies in the context of Western and Asian societies. The focus is brought to the theoretical and methodological clarifications to three key concepts of the theory that are traditional religions, religious model of society and analytical scheme of religious systems institutionalization. The demonstration of their methodological applicability is of great importance for comprehending epistemological limits of post-Christian scientific models for studies of religion. Key words: religious ideologies, sociology of religion, epistemology of scientific studies of religion. Островский А. Б. Категория замирщение в нормативных документах беспоповцев XIX начала XX в. Термин замирщение, употребленный впервые в конце XVII в. федосеевцами, в течение двух столетий прошел эволюцию: первоначально он выражал противостояние христиане (федосеевцы) / (отлученные, новожены, мирские), а во второй половине XIX в. уже служил мерой для оценки степени утраты благочестия конкретным членом беспоповской общины ввиду недозволенных контактов с иноверными в трапезе, совместной помывке в бане и др. ситуациях общения. Ключевые слова: старообрядцы, межконфессиональные отношения, федосеевцы, поморцы, замирщение. Ostrovsky A. B. The Category of Zamirshenie in Bespopovtsian (a Priestless Sect of Russian Old Believers) Regulations of the 19thand Early 20th Century The evolution of the term zamirshenie first used by the Fedoseetsy in the late 17th century: originally representing the opposition between Christians (Fedoseevtsy) and excommunicates, Novojeny (unionists recognizing marriage), and laity, and in the second part of the 19th century censuring imperfect piousness of individual members of priestless community found guilty of inadmissible contacts with adherents of different creed at meals, in a bathhouse or in other communicative situations. Key words: old believers, inter-confessional relations, fedoseevtsy, pomortsy, zamirshenie. Плебанек О. В. Цивилизационная матрица как категория геополитики Современные направления научных исследований глобалистика, геополитика потребовали и нового категориального аппарата. Традиционные понятия, такие как цивилизация, наполняются новым смыслом, на их базе возникают новые категории, такие как геоцивилизация, цивилизационная матрица, алгоритмы цивилизационной динамики и др. Использование новых и относительно новых понятий в новом контексте требует научного обоснования. Нестрогое, многозначное понимание научных категорий снижает их методологическое значение. Ключевые слова: глобалистика, геополитика, цивилизация, геоцивилизация, цивилизационная матрица, алгоритмы цивилизационной динамики. Plebanek O. V. Civilizational Matrix as the category of geopolitics Modern directions of scientific researches global studies, geopolitics have demanded also new categorial the language. Traditional concepts, such as a civilization, are filled with new sense, on their base there are new categories, such as a geocivilization, civilizational a matrix, algorithms civilizational dynamics, etc. Use new and concerning new concepts of a new context demands a scientific substantiation. Not strict, multiple-valued understanding of scientific categories reduces their methodological value. Key words: global studies, geopolitics, a civilisation, a geocivilization, civilization a matrix, algorithms civilizational dynamics. Прокуденкова О. В. Роль географического фактора в культурологической концепции Л. И. Мечникова В статье рассматривается культурологическая концепция выдающегося русского ученого Л. И. Мечникова. Отмечается особое внимание к проблеме географического детерминизма и роли природных условий в генезисе и развитии цивилизаций. Показано, что Мечников обосновывал своеобразие историко-культурного развития географическим фактором, главным из которых была гидросфера водное пространство, ставшее общим объединяющим признаком классификации мировых цивилизаций: речные, морские и океанические. Ключевые слова: географический фактор, гидросфера, цивилизация, географический детерминизм, культурогенез. Prokudenkova O. V. Role of Geographical Factor in the L. I. Mechnikov's Culturological Concept In the article, the culturological concept of outstanding Russian scientist L. I. Mechnikov is considered. Special attention to the problem of geographical determinism and role of environment in genesis and development of civilizations is paid. It is shown that Mechnikov saw the reason of originality of historical and cultural development in geographical factor, mainly, in hydrosphere, as water space is general uniting sign of classification of world civilizations: those of river, sea, and ocean. Key words: geographical factor, hydrosphere, civilization, geographical determinism, genesis of culture. Регинская Н. В. Александр Невский как символ национальной идентичности в современном искусстве Повышенное внимание, уделяемое Александру Невскому сегодня, связано как с незаурядной личностью Благоверного князя, так и с потребностью восстановления национальных символов новой России. Святому Александру Невскому принадлежит роль выдающегося русского героя. Закономерно обращение современного искусства к героике Благоверного князя Александра Невского, изображение которого своеобразно своей двойственностью: сакральноиконографичным содержанием и экспериментально-светской манерой исполнения. Ключевые слова: иконография, традиция, экспериментальное искусство, духовноиконологическое течение, иконная драматургия Reginsky N. V. Alexander Nevsky as a Symbol of National Identity in the Modern Art An increased attention is paid nowadays to Alexander Nevsky owing to the remarkable individuality of the Blessed Knyazh as well as to the need of renewal of New Russia's national symbols. Saint Alexander Nevsky has a role of an outstanding Russian hero. Modern Art logically addresses the heroic stories of the Blessed Knyazh Alexander Nevsky, whose image is peculiar due to its ambivalence: its sacral-iconographic content and experimentally secular manner of fulfillment. Key words: Iconography, Tradition, Experimental Art, Spiritually-Iconological Trend, Iconic Drama. Рысаков А. С. Основные тенденции в конфуцианстве эпохи Цин Статья посвящена аналитическому рассмотрению истории конфуцианского учения в XVII-XIX вв. Рассматриваются различные аспекты трансформации конфуцианства каноноведение, психотехника, доктрина, ритуальные практики. Восстанавливается политический контекст функционирования конфуцианских школ и направлений. Исследуются доктринальные позиции наиболее значимых конфуцианских ученых цинского времени. Ключевые слова: китайская философия, история конфуцианства, история Китая Нового времени. Rysakov A. S. Major Trends in the Qing Dynasty Confucianism The article is devoted to analytical consideration of the history of Confucian teachings in XVII-XIX centuries. Various aspects of the transformation of Confucianism: canon studies, psychotechnique, doctrine, ritual practice are considered. The political context of functioning of Confucian schools and directions is analyzed, as well as the doctrinal position of the most important Qing time Confucian scholars. Key words: Chinese philosophy, the history of Confucianism, Chinese History. 324 Рысакова П. И. Социокультурная специфика женского образования в традиционном китайском обществе Настоящая статья посвящена выявлению социокультурной специфики женского образования в традиционном китайском обществе. Основное внимание уделено анализу конфуцианских доктринальных предписаний, в соответствии с которыми выстраивались ценностно-нормативные представления о социальном статусе и роли женщины в китайском обществе. Рассматривается педагогический идеал традиционного женского образования. Ключевые слова: конфуцианство, женское образование, четыре женские добродетели, талант. Rysakova P. I. Socio-Cultural Specifics of Women Education in Traditional Chinese Society The article deals with the problem of specific features of female education in Chinese traditional society. It primarily focuses on analysis of the doctrine of Confucianism which regulated the normative expectations of women's social status and role in Chinese society. The aim of women's traditional education is considered. Key words: Confucianism, female education, four women's virtues, talent. Свиридова Л. О. Олицетворение ада в Чине погребению священническому В статье изложены результаты наблюдений над постканоническими восточнохристианскими гимнографическими памятниками на церковно-славянском языке. В центре рассмотрения отличительная черта гимнографической образности: олицетворение не только ада, но и рая, космологических уровней, природных объектов и стихий. В образной системе гимнографического текста выявляются космологический и антропоморфический семиотические коды. Ключевые слова: гимнография, книги церковного обихода кирилловской печати, Потребник, семиотические коды, космологические представления. Sviridova L. O. Embodiment of Hell in theOrder of Priestly Burial The results of observation of Eastern Christian post-canonical hymnographic memorials in the Old Church Slavonic language are given in the article. The central idea of the research is the main feature of the hymnographic imagery the embodiment not only of Hell, but of Heaven, cosmological levels, natural objects and elements. In the system of hymnographic texts cosmological and antropomorphic semiotic codes are presented. Key words: hymnography, church books of Cyril print, Potrebnik, semiotic codes, cosmological views. Селивановский В. В. Сциентистские элементы вероучения Движения Веры Сциентизм в теистической религии парадоксален. Этот феномен вероучения неопятидесятнического Движения Веры побуждает обратиться к анализу его генеалогических корней, теологии и эпистемологии. Крайний фидеизм и далёкое от научной рациональности отрицание чувственного опыта позволяет говорить не о сциентистской ориентации сознания, а о квазинаучном флёре, прикрывающем магический характер практики. Ключевые слова: сциентизм, Движение Веры, метафизическое движение, Новое Мышление, закон веры. Selivanovskiy V. V. Scientistic elements of the Word-Faith Movement's doctrine A claim for scientism in theistic religion is paradoxical. This doctrinal phenomenon of the neo-Pentecostal Word-Faith Movement encourages analysis of its genealogical beginnings, theology and epistemology. Extreme forms of fideism and rejection of the sentient experience, which is foreign to the scientific rationality, do not reveal a scientistic orientation of consciousness but rather a quasi-scientific fleur, employed to disguise the magical nature of the movement's practices. Key words: scientism, Word-Faith Movement, metaphysical movement, New Thought, law of faith. Скоморох Олег А., протоиерей. История тюремного служения христианской церкви в связи с пенитенциарными реформами XVIII-XIX вв. Статья касается вопросов, относящихся к истории тюремного служения христианской Церкви в период пенитенциарных реформ США, Великобритании и России XVIII-XIX веков, когда определялась позиция государств и общества, направленная на христианизацию и гуманизацию тюремного заключения вообще и нравственного исправления заключенных, в частности. Цель статьи ознакомить миссионеров Христианской Церкви, совершающих тюремное служение, с развитием и становлением тюремной миссии, как части государственных систем исполнения наказания. Ключевые слова: тюремное служение, миссия, пенитенциарные реформы, капелланство, Церковь и общество. Skomorokh Oleg A. History of Prison Service of Christian Church in Connection with Penitential Reforms during XVIII-XIX Cent. The article touches upon some questions concerning the history of prison ministry of the Christian Church during penitential reforms in the USA, the Great Britain and Russia in the course of XVIII-XIX centuries, when humanizing and Christianizing position towards the Penal Executive System in general and moral correcting of prisoners in details was taking its shape in those states and societies. The objective of the article is to acquaint the Christian Church's missionaries, carrying out prison ministry, with the progress and development of prison mission, as parts of state Penal Executive Systems. Key words: prison ministry, mission, penitential reforms, chaplaincy, Church and society. Фадеева Т. Ф. Повседневные элементы духовной средневековой культуры. Искусство квадрвиума: Музыка В статье предполагается предварительный обзор культурологических аспектов средневековой системы образования. Автор рассматривает некоторые аспекты формирования хоральной культуры как многоступенчатой духовно-музыкальной системы. Ключевые слова: Средние века, образование, музыка, церковная культура, искусство. Fadeeva T. F. The Everyday Elements of the Spiritual Medieval Culture. Art of Quadrivium: Music The article assumes a tentative review of the culturological aspects of the medieval educational system. The author distinguishes some aspects of forming of choral culture as many-staged spiritual-music system. Key words: Middle Ages, education, music, church culture, art. Федорова М. В. Семиотика свадебных украшений бурят В статье рассматриваются украшения бурят как предметный код свадебного ритуала, на широком этнографическом материале анализируется синкретичная структура их семиотических функций. Свадебные украшения несли в себе продуцирующую, апотропейную символику, были связаны с представлениями о жизненной силе, являлись маркерами обретения невестой нового социально-возрастного статуса. В качестве основных источников использованы вещевые коллекции Российского этнографического музея, Музея антропологии и этнографии им. Петра Великого РАН, научные публикации. Ключевые слова: украшения, свадебный наряд, семиотический, символ. Fedorova M. V. Semiotics of Buryats'wedding jewelry The subject of the report is the jewelry as an objective code of the wedding ritual. The author analyses the syncretic structure of their semiotic functions on a broad ethnographic material. The wedding jewelry have productive, protective symbolism, were associated with notions of vitality, and were the markers of a bride new-age social status. As the main sources, the author used the collections of objects of the Russian Museum of Ethnography, the Peter the Great's Museum of Anthropology and Ethnography (Kunstkamera), and scientific publications. Key words: jewelry, wedding dress, semiotic, symbol. Филиппова Ю. В. Мифологические аспекты в понятии сознания В статье рассматриваются мифологические аспекты сознания, их влияние на возникновение новой формы познания философии, онтологические предпосылки структур времени и памяти, а также сновидение как компонент мофопоэтического сознания и постепенный переход к рефлексии. Ключевые слова: сознание, миф, рефлексия, время, память, реальность, сновидение. Philippova J. V. Mythological Aspects of the Notion of Consciousness The article deals with mythological aspects of consciousness, their influence on genesis of a new form of cognition philosophy, also ontological suppositions of temporal and memorable structures, and dreaming as an element of mythopoetical consciousness and gradual conversion to reflection. Key words: consciousness, myth, reflection, time, memory reality, dream. Чистякова Э. Э. Скандинавское влияние в русской художественной культуре XIX-XX веков Переломная эпоха XIX-XX веков изменила представление о взаимодействии русского и западноевропейского искусства. Для преодоления изоляции русской культуры было необходимо познакомить русских художников и общество с состоянием искусства за рубежом. Выставки скандинавских художников, организованные в конце XIX века, открыли национально-романтическое искусство северных соседей России и дали пример вступления на общеевропейский путь развития без утраты национальных особенностей. Скандинавское влияние оставило заметный след на русской архитектуре рубежа веков, особенно в северной столице. Знакомство с достижениями скандинавского искусства расширило творческие возможности и позволило русским художникам оказаться причастными к наиболее значительным событиям художественной жизни рубежа веков. Ключевые слова: скандинавское влияние, русские художники, северный модерн, С. П. Дягилев, А. Галлен-Каллела, А. Эдельфельт, Мир искусства. Chistjakova E. E. Scandinavian Influence in the Russian Artistic Culture of XIX-XX Centuries The turning age of the XIX-XX centuries changed the idea about Russian and West European Art interaction. To bridge the Russian culture isolation it was necessary to introduce the status of the foreign culture to Russian artists and the society. The exhibitions of Scandinavian painters arranged at the end of the XIX century showed National Romanticism of Nordic neighbours to Russia and gave an example of entering European way of development with no national peculiarities losses. Scandinavian Influence had a visible affect on Russian architecture at the turn of the century especially in the North Capital of Russia. Making the acquaintance with Scandinavian Art achievements enhanced creative opportunities and made Russian artists participate in more significant artistic life events of the turn of the century. Key words: Scandinavian influence, Russian artists, Nordic Art Nouveau, Sergey P. Diaghilev, Akseli Gallen-Kallela, Albert G. Edelfelt, The Art World. Шомахмадов С. Х. Космография Южной Азии в письменных памятниках вишнуитской и буддийской традиций В статье дан сравнительный анализ вишнуитской и буддийской космологических систем. Отмечается, что радиально-кольцевая морфология земной поверхности характерна как для буддийской, так и для вишнуитской традиции. Числовая семантика материков, представленная в космографии Южной Азии, демонстрирует, что ойкумена осмыслялась как совершенная, идеологически отражающая непрерывность двух традиций. Общим для обеих традиций является признание человеческой формы рождения как единственно благой, дающей возможность достижения окончательного освобождения (мокша, нирвана). Ключевые слова: космография, буддизм, индуизм, Индия, сакральные центры Shomakhmadov S. H. The South Asia's Cosmography in the Texts of Vaishnavist and Buddhist Traditions The comparative analysis of the Vaishnavist and Buddhist cosmological systems is given in this article. It is noticed that the radially-ring morphology of a terrestrial surface is characteristic both for Buddhist, and for Vaishnavist traditions. The numerical semantics of continents presented in the Southern Asia's cosmography shows that ecumena was comprehended as the perfect, ideologically reflecting continuity of two traditions. The general for both traditions is the acceptance of the human birth form as a unique good, giving the chance for achievements of definitive clearing (moksha, nirvana). Key words: cosmography, Buddhism, Hinduism, India, sacral centers.
Threats To International Peace And Security. The Situation In The Middle East ; United Nations S/PV.8225 Security Council Seventy-third year 8225th meeting Monday, 9 April 2018, 3 p.m. New York Provisional President: Mr. Meza-Cuadra . (Peru) Members: Bolivia (Plurinational State of). . Mr. Inchauste Jordán China. . Mr. Wu Haitao Côte d'Ivoire. . Mr. Tanoh-Boutchoue Equatorial Guinea. . Mr. Ndong Mba Ethiopia. . Mr. Alemu France. . Mr. Delattre Kazakhstan. . Mr. Umarov Kuwait. . Mr. Alotaibi Netherlands. . Mr. Van Oosterom Poland. . Mr. Radomski Russian Federation. . Mr. Nebenzia Sweden . Mr. Skoog United Kingdom of Great Britain and Northern Ireland . Ms. Pierce United States of America. . Mrs. Haley Agenda Threats to international peace and security The situation in the Middle East This record contains the text of speeches delivered in English and of the translation of speeches delivered in other languages. The final text will be printed in the Official Records of the Security Council. Corrections should be submitted to the original languages only. They should be incorporated in a copy of the record and sent under the signature of a member of the delegation concerned to the Chief of the Verbatim Reporting Service, room U-0506 (verbatimrecords@un.org). Corrected records will be reissued electronically on the Official Document System of the United Nations (http://documents.un.org). 18-09955 (E) *1809955* S/PV.8225 Threats to international peace and security 09/04/2018 2/26 18-09955 The meeting was called to order at 3.05 p.m. Adoption of the agenda The agenda was adopted. Threats to international peace and security The situation in the Middle East The President (spoke in Spanish): In accordance with rule 37 of the Council's provisional rules of procedure, I invite the representative of the Syrian Arab Republic to participate in this meeting. In accordance with rule 39 of the Council's provisional rules of procedure, I invite the following briefers to participate in this meeting: Mr. Staffan de Mistura, Special Envoy of the Secretary-General for Syria, and Mr. Thomas Markram, Deputy to the High Representative for Disarmament Affairs. Mr. De Mistura is joining today's meeting via video-teleconference from Geneva. The Security Council will now begin its consideration of the item on its agenda. I now give the floor to Mr. De Mistura. Mr. De Mistura: This emergency meeting of the Security Council underscores the gravity of the events in recent days in Syria, of which there are severe consequences for civilians. It takes place at a time of increased international tensions, drawing national, regional and international actors into dangerous situations of potential or actual confrontation. It is an important meeting. There is an urgent need for the Council to address the situation with unity and purpose. How did we reach this point? The month of March saw devastating violence in part of eastern Ghouta, which resulted in at least 1,700 people killed or injured in opposition-controlled areas, dozens and dozens of people killed or injured in Government-controlled areas and, ultimately, the evacuation of 130,000 people, including fighters, family members and other civilians. However, in Douma there was a fragile ceasefire, which continued for most of March. The United Nations good offices played an important role in that regard. Since 31 March, the United Nations has no longer been able to be involved in talks, since, at that time, the Syrian Government did not agree to our presence, although we made efforts to propose concrete ways to address the issues that we understood were arising in the continuing contacts, including the proposal to activate the detainee working group agreed in Astana. However, that proposal was not taken up at the time. From 2 April, the evacuation of some 4,000 fighters, family members and other civilians from Douma to northern Syria took place. However, on 6 April there was a major escalation in violence. There were reports of sustained air strikes and shelling against Douma, the killing of civilians, the destruction of civilian infrastructure and attacks damaging health facilities. There were also reports of shelling on Damascus city, which reportedly again killed or injured civilians. Jaysh Al-Islam requested our involvement in emergency talks in extremis, but there was no positive response to that request when it conveyed the same message to the other side. At approximately 8 p.m. local time on 7 April, reports of an alleged chemical weapons attack in Douma started to emerge. Pictures immediately circulated on social media showing what appeared to be lifeless men, women and children. Non-governmental organizations (NGOs) on the ground claimed to have received hundreds of cases of civilians with symptoms consistent with exposure to chemical agents. The same NGOs claimed that at least 49 people had been killed and hundreds injured. I wish to recall what the Secretary-General, Mr. António Guterres, noted, namely, that the United Nations "is not in a position to verify these reports". However, he also made it very clear that he cannot ignore them and that he "is particularly alarmed by allegations that chemical weapons have been used against civilian populations in Douma" once again. He further emphasized "that any use of chemical weapons, if confirmed, is abhorrent and requires a thorough investigation". I note that a number of States have strongly alluded to or expressed the suspicion that the Syrian Government was responsible for the alleged chemical attack. I also note that other States, as well as the Government of Syria itself, have strongly questioned the credibility of those allegations, depicting the attacks as a fabrication or/and a provocation. My comment is that this is one more reason for there to be a thorough independent investigation. 09/04/2018 Threats to international peace and security S/PV.8225 18-09955 3/26 The Organization for the Prohibition of Chemical Weapons has said that it has made the preliminary analysis of the reports of the alleged use of chemical weapons and is in the process of gathering further information from all available sources. My colleague Mr. Thomas Markram, Deputy of the High Representative for Disarmament Affairs, who is with us in the Chamber today, will further address this matter. But I urge the Security Council, in accordance with its own mandate to maintain international peace and security and uphold international law, to, for God's sake, ensure that a mechanism is found to investigate these allegations and assign responsibility.Returning to the narrative of the events, at around midnight on 7 April, hours after the alleged chemical-weapons attack, Jaysh Al-Islam informed the United Nations that it had reached an agreement with the Russian Federation and the Syrian Government. The Russian Federation Ministry for Defence stated that the agreement encompasses a ceasefire and Jaysh Al-Islam fighters laying down their arms or evacuating Douma. The Russian Federation also reported that up to 8,000 Jaysh Al-Islam fighters and 40,000 of their family members were to evacuate.As I brief the Security Council now, we understand that additional evacuations from Douma are already under way. We have also received reports that some detainees — the ones we had heard about before — had begun to be released from Douma today. We note reports that the agreement provides for civilians who decide to stay to remain under Russian Federation guarantees, with the resumption of services in coordination with a local committee of civilians.I urge the Syrian Government and the Russian Federation to ensure the protection of those civilians so that as many civilians as possible can stay in their homes if they choose to, or leave to a place of their own choosing or return as per international law. I urge that there be, for there should be, an immediate refocusing for the implementation of resolution 2401 (2018). What we have see is basically an escalation before a de-escalation.Clearly, the dangers of further escalation arise from situations beyond Ghouta as well. We have received reports of missiles targeting the Syrian Government's Tiyas, or T-4, airbase early this morning. No State has claimed responsibility for that reported strike. The United States and France have explicitly denied any involvement. The Syrian Government, the Russian Federation and Iran have suggested that Israel could have carried out the attack, with Iranian State media reporting that over a dozen military personnel were killed or injured, including four Iranian military advisers. The Government of Israel has not commented. The United Nations is unable to independently verify or attribute responsibility for that attack, but we urge all parties to show their utmost restraint and avoid any further escalation or confrontation.We are also concerned about the dynamics in other areas of Syria. Syrians in Dar'a, northern rural Homs, eastern Qalamoun, Hamah and Idlib have all expressed to us their own fears that they may soon face escalations similar to what we have seen in eastern Ghouta. We therefore urge the Security Council and the Astana guarantors and those States involved in the Amman efforts to work towards reinstating de-escalation in those areas and elsewhere in Syria. The indications are the opposite at the moment.Meanwhile, following its operations in Afrin, the Turkish Government has indicated the potential for further operations in other areas of northern Syria if Partiya Yekitiya Demokrat and Kurdish People's Protection Units forces are not removed from those areas. Military operations in such areas have the potential of raising international tensions. We therefore urge all parties concerned to de-escalate, show restraint and find means to implement resolution 2401 (2018) through dialogue and fully respect the sovereignty and territorial integrity of Syria. Let me also highlight the fact that we have recently seen — and this is particularly tragic when we consider the efforts all of us, including all members of the Security Council, have made in the last year — the Islamic State in Iraq and the Levant launch new operations within Syria, south of Damascus, in rural Damascus, in remote areas near the Iraqi border.I would like to conclude with some bottom lines, if I may.First, civilians are paying a very heavy price for the military escalation. We are not seeing de-escalation; we are seeing the contrary. Today our first priority must be to protect civilians from the war, from the conflict, from chemical weapons, from hunger. We call on all sides to ensure respect for international humanitarian law and human rights law, including humanitarian access across Syria to all people in need. We urge once S/PV.8225 Threats to international peace and security 09/04/2018 4/26 18-09955 more for concrete respect for resolution 2401 (2018) throughout Syria, which is, after all, a resolution of the Security Council.Secondly, continued allegations of the use of chemical agents are of extremely grave concern. Those allegations must be independently and urgently investigated. Any use of chemical weapons is absolutely prohibited and constitutes a very serious violation of international law, the Chemical Weapons Convention and resolution 2118 (2013). Preventing impunity and any further use of chemical weapons and upholding international law must be an utmost priority for all members of the Security Council.Thirdly, I have to say this very slowly because today is the first time, in over four years of briefing the Security Council in person, that I have reached a point in which I have to express a concern about international security, not just regional or national or Syrian security, but international security. Recent developments have more than ever before brought to the surface the dangers that the Secretary-General warned about recently at the Munich Security Conference, when he spoke of "different faultlines" in the Middle East that are interconnected and crossing each other, of conflicting interests of both global and regional Powers, and forms of escalation that can have absolutely devastating consequences that are difficult for us to even imagine. The Council cannot allow a situation of uncontrollable escalation to develop in Syria on any front. Instead, it must find unity and address the concrete threats to international peace and security in Syria today.I am sorry to have been this brief, but I wanted to focus on one specific concern, namely, the threat to international security related to what we are seeing now in Syria and the danger of the alleged chemical-weapons attacks being repeated. Next time I will brief the Council on humanitarian and other issues and on the political process, which I know we are all interested in focusing upon, but today is the day for talking about security — international security — and peace.The President (spoke in Spanish): I thank Mr. De Mistura for his very informative briefing.I now give the floor to Mr. Markram.Mr. Markram: I thank you for the opportunity to address the Council again today, Mr. President. The High Representative for Disarmament Affairs, Mrs. Izumi Nakamitsu, is away on official travel.It has been less than a week since I last briefed the Council (see S/PV.8221) on the issue of chemical weapons in the Syrian Arab Republic. In the intervening period, new and deeply disturbing allegations of the use of chemical weapons have come to light. Over the past weekend, there have been reports on the alleged use of chemical weapons in Douma, in the Syrian Arab Republic. According to reports that came in yesterday, it is alleged that at least 49 people were killed and hundreds more injured in a chemical-weapon attack. More than 500 other individual cases reportedly presented with symptoms consistent with such an attack. The Office for Disarmament Affairs has been in touch with the Organization for the Prohibition of Chemical Weapons (OPCW) on the matter. The OPCW, which implements the Chemical Weapons Convention, to which Syria is a State party, is gathering information about the incident from all available sources, through its Fact-finding Mission in Syria. After completing its investigation, the Fact-finding Mission will report its findings on the alleged attack to the States parties to the Convention.Sadly, there is little to say today that has not already been said. The use of chemical weapons is unjustifiable. Those responsible must be held to account. That those views have been stated on many previous occasions does not lessen the seriousness with which the Secretary-General regards such allegations. Nor does it lessen the truth behind them, which is that what we are seeing in Syria cannot go unchallenged by anyone who values the decades of effort that have been put in to bring about the disarmament and non-proliferation of weapons of mass destruction. As the body charged with the maintenance of international peace and security, the Council must unite in the face of this continuing threat and fulfil its responsibilities. To do otherwise, or simply to do nothing, is to accept, tacitly or otherwise, that such a challenge is insurmountable. The use of chemical weapons cannot become the status quo, nor can we continue to fail the victims of such weapons.Just over one year ago, in responding to the attack on Khan Shaykhun, the Secretary-General called for those responsible to be held accountable, stating that there can be no impunity for such horrific acts. Just over one week ago, speaking on behalf of the High Representative for Disarmament Affairs, I noted that unity in the Security Council on a dedicated mechanism for accountability would provide the best foundation for success in that regard. I reiterate that belief here, as 09/04/2018 Threats to international peace and security S/PV.8225 18-09955 5/26 well as the readiness of the Secretary-General and the Office for Disarmament Affairs to assist.The President (spoke in Spanish): I thank Mr. Markram for his informative briefing.I now give the floor to members of the Security Council who wish to make statements.Mr. Nebenzia (Russian Federation) (spoke in Russian): If you imagine, Mr. President, that I derive pleasure from the subject of my statement today, or from speaking at great length, you are wrong. Unfortunately, however, the situation is such that I have a lot to say today. And you will have to listen to me.We thank Mr. De Mistura and Mr. Markram for their briefings.The Russian Federation asked that this meeting be convened under the agenda item "Threats to international peace and security" because we are deeply alarmed about the fact that a number of capitals — Washington first and foremost, with London and Paris blindly following its lead — are purposely steering a course designed to supercharge international tensions. The leadership of the United States, Britain and France, with no grounds and no thought for the consequences, are taking a confrontational line on Russia and Syria and pushing others towards it too. They have a broad range of weapons in their arsenal — slander, insults, bellicose rhetoric, blackmail, sanctions and threats of the use of force against a sovereign State. Their threats against Russia are brazen, and the tone they take has gone beyond the limits of the permissible. Even during the Cold War their predecessors did not express themselves so crudely about my country. What next?I remember the rhetorical question that President Putin of Russia put to our Western partners, and especially the United States, from the rostrum of the General Assembly in 2015 (see A/70/PV.13), about their careless geopolitical experiments in the Middle East, when he asked them if they at least realized what they had done. At the time, the question went unanswered. But there is an answer, and it is that no, they do not realize what they have done. As they do not realize what they are doing now. It is not only we who are perplexed at their lack of any coherent strategy on any issue. It perplexes most of the people in this Chamber. They just do not want to ask them about it openly. Wherever they go, whatever they touch, they leave behind chaos in their wake in the murky water where they have gone fishing for some kind of fish. But the only fish they catch are mutants. I will ask them another rhetorical question. Do they understand the dangerous place they are dragging the world to?One of the areas where the hostility manifests itself most strongly is Syria. The terrorists and extremists supported by external sponsors are being defeated. Let me remind those responsible that these are the terrorists and extremists whom they equipped, financed and dumped into the country in order to overthrow the lawful Government. Now we can see why this is causing hysteria among those who have invested their political and material capital in such dark forces.In the past few weeks, thanks to Russia's efforts to implement the Security Council's resolutions, a massive operation has been carried out to unblock eastern Ghouta, whose residents have been forced to endure the humiliation of the rebel militias for several years. More than 150 thousand civilians were evacuated from this suburb of Damascus, completely voluntarily and under the necessary security conditions. Tens of thousands of them have already been able to return to liberated areas and many have been taken in by relatives. The changes in their demographic composition that the defenders of the Syrian opposition have been screaming about have not happened. That is a lie. Some extremely complex negotiations were conducted with the leaders of the armed groups, as a result of which many left the neighbourhoods they were occupying, with full guarantees for their security. Incidentally, there were several attempted acts of terrorism during these transport operations when militias tried to bring suicide belts onto the buses and were prevented. Others preferred to regulate their status with the Syrian authorities. Thanks to the presidential amnesty, they will now be able to return to civilian life, and may even eventually be able to join Syria's security forces. That represents the implementation of the United Nations principle of demobilization, disarmament and reintegration.However, not everyone is so keen on such positive dynamics. The outside sponsors — that is, the leading Western countries — were ready to grasp at any straw in order to hang on to any centre of terrorist resistance, however tiny, within striking distance of the Syrian capital, so that the militias could continue to terrorize ordinary residents, taking their food and begging humanitarian aid from the international community. Incidentally, they were not about to S/PV.8225 Threats to international peace and security 09/04/2018 6/26 18-09955 share medicines with those ordinary civilians, as an inspection of the strongholds left behind by the fighters revealed. As happened previously in eastern Aleppo, the improvised hospital facilities in basements were full of medicines that thanks to Western sanctions were not to be had for love or money in Damascus and other Government-controlled areas. Mass graves and bodies that showed evidence of torture were also discovered. The dimensions of the tunnels that the jihadists used were astonishing. Some of them could easily accommodate small trucks travelling in both directions. Those impressive underground facilities connected the positions of groups that some view as moderate to the strongholds of Jabhat Al-Nusra.On 6 April, at their sponsors' instructions, Jaysh Al-Islam's new ringleaders prevented the fourth group of militia fighters from evacuating Douma and resumed rocket and mortar fire on residential areas of Damascus, targeting Mezzeh, Mezzeh 86, Ish Al-Warwar, Abu Rummaneh and Umayyad Square. According to official data, eight civilians were killed and 37 were wounded. It is regrettable that we seen no statements from Western capitals condemning the shelling of a historic part of Damascus.The next day, 7 April, militias accused the Syrian authorities of dropping barrel bombs containing a toxic substance. However, they got their versions mixed up, referring to it sometimes as chlorine and sometimes as sarin or a mixture of poison gases. In a familiar pattern, the rumours were immediately seized on by non-governmental organizations financed by Western capitals and White Helmets operating in the guise of rescue workers. These so-called reports were also just as quickly disseminated through media outlets. I should once again point out that many of these dubious opposition entities have an accurate list of the email addresses of the representatives of Security Council members, which leads us to conclude that some of our colleagues, with a reckless attitude to their position, have been leaking sensitive information to those they sponsor. Incidentally, we all should remember the incident in which the White Helmets accidentally posted on the Internet a video showing the preparation stages for filming the next so-called victim of an attack allegedly perpetrated by the Syrian army. The chemical "series" that began in 2013 has continued to run, with each subsequent episode designed to top the impact of the previous one.In Washington, London and Paris, conclusions have immediately been reached as to the guilt of the Syrian authorities, or regime, as they call it. Has no one wondered why Damascus needs this? While the Syrian leadership has received its share of insults, the main burden of responsibility has been laid at the door of Russia and Iran, to no one's surprise, I believe. As is now customary, it has occurred at lightning speed and without any kind of investigation. On 8 April, Syrian troops searching the village of Al-Shifuniya, near Douma, discovered a small, makeshift Jaysh Al-Islam chemical-munitions factory, along with German-produced chlorine reagents and specialized equipment.The Istanbul-based opposition journalist Asaad Hanna posted a video on his Twitter feed that was allegedly from the area of the incident. In it, an unidentified individual in a gas mask, presumably from the White Helmets, is posing against a backdrop of a homemade chemical bomb that allegedly landed in a bedroom in a building in Douma. It is accompanied by commentary about what it calls another of the regime's attacks on civilians. There can be no doubt that this production was staged. The trajectory of the alleged bomb is entirely unnatural. It fell through the roof and landed gently on a wooden bed without damaging it in any way and was clearly placed there before the scene was shot.In an interesting coincidence, the chemical act of provocation in Douma on Saturday, 7 April, occurred immediately after the United States delegation in the Security Council was instructed to call for expert consultations for today, Monday, 9 April, on its draft resolution on a mechanism for investigating incidents involving chemical weapons. Today far-reaching changes were made to the initial text. In such murky circumstances, of course, we have to determine what happened. But we have to do it honestly, objectively and impartially, without sacrificing the principle of the presumption of innocence and certainly not by prejudging the process of an investigation.Despite this provocation, the Russian specialists have continued their efforts to resolve the situation in eastern Ghouta. On Sunday afternoon, 8 April, according to new agreements, the evacuation of Jaysh Al-Islam combatants was resumed. Following Douma's liberation from militants, Russian radiological, chemical and biological protection specialists were sent there to collect evidence. They took soil samples that showed no presence of nerve agents or substances 09/04/2018 Threats to international peace and security S/PV.8225 18-09955 7/26 containing chlorine. Local residents and combatants who were no longer fighting were interviewed. Not one local confirmed the chemical attack. At the local hospital, no one with symptoms of sarin or chlorine poisoning had been admitted. There are no other active medical facilities in Douma. No bodies of people who had died from being poisoned were found, and the medical staff and residents had no information about where they might have been buried. Any use of sarin or chlorine in Douma is therefore unconfirmed. By the way, representatives of the Syrian Red Crescent refuted statements allegedly made on their behalf about providing assistance to victims of toxic gases. I call on those who plan to denounce the regime when they speak after me to assume that there was no chemical-weapon attack.Sweden has drafted a resolution calling for the incident to be investigated. The Organization for the Prohibition of Chemical Weapons (OPCW) does not need a resolution to investigate it, but we are willing to consider it. Today we propose to do what is envisaged in the draft resolution, which is to let the OPCW, which Mr. Üzümcü, Director-General of its Technical Secretariat, has announced is ready to deal with the situation, fly to Damascus immediately, if possible tomorrow. There the Syrian authorities and the Russian military will ensure the necessary conditions so that the OPCW experts can travel to the site of the alleged incident and familiarize themselves with the situation. That, by the way, is what President Trump and other Western leaders have been urging us to do.The Syrians have repeatedly warned that there might be chemical provocations. At the Russian Centre for the Reconciliation of Opposing Sides in the Syrian Arab Republic they are saying that the equipment needed to film the next purported chemical attack has already been brought in. We have also made statements to that effect in the Security Council. Everyone has heard those warnings, but has deliberately ignored them because they do not correspond to the doctrinal positions espoused by those who dream of seeing the legitimate Government of yet another Arab country destroyed.There has still been no attention given to the discovery in November and December 2017 of a significant quantity of chemical munitions on Syrian territory that had been liberated from militias. In terrorist warehouses in Az-Zahiriya and Al-Hafiya in Hama governorate, 20 one-ton containers and more than 50 pieces of ordnance containing toxic chemicals were discovered. In Tel Adel in Idlib governorate, 24 tons of toxic chemical, presumed to be chlorine, were discovered. At a storage site in Moadamiya, 30 kilometres to the north-east of Damascus, 240- and 160-millimetre-calibre munitions and plastic canisters of organo-phosphorous compounds were found. In the area around As-Suwayda in Idlib governorate, an manufacturing facility for synthesizing various toxic substances was found, along with 54 pieces of chemical ordnance and 44 containers of chemicals that could be used to manufacture toxic substances.Since the beginning of this year alone, four instances of militias using toxic chemicals against Government troop positions have been established in Suruj and Al-Mushairfeh districts, and more than 100 Syrian troops have been hospitalized. On 3 March, during the liberation of Khazram and Aftris in eastern Ghouta, soldiers from a sub-unit of Government troops discovered an auxiliary workshop for homemade chemical munitions. This far from exhaustive list is an indication of the misdeeds of the still unreconciled opposition. And yet we have seen no eagerness to send OPCW expert groups there to collect evidence of these events. We demand that the OPCW verify all of these areas. They are accessible. We are also seeing information that American instructors in the Al-Tanf camp have trained a number of groups of fighters to carry out provocations using chemical weapons in order to create a pretext for a rocket strikes and bombings.It has been clear to us that sooner or later there would be an attempt to bring the jihadists out of harm's way and at the same time to punish the regime that some Western capitals hate. The talking heads on television have thrown themselves into urging a repeat of last year's effort at a military attack on Syria. This morning there were missile strikes on the T-4 airfield in Homs governorate. We are deeply troubled by such actions.The provocations in Douma are reminiscent of last year's incident in Khan Shaykhun, with their shared element being the planned nature of the attacks. Analysis of the operations conducted by the United States in April 2017, on the eve of the incident in Khan Shaykhun and after it, shows that Washington prepared its operation in advance. From 4 to 7 April of last year — in other words, from the day that a toxic substance was used in Khan Shaykhun until the strike on the Al-Shayrat airbase — the USS Porter and Ross naval destroyers S/PV.8225 Threats to international peace and security 09/04/2018 8/26 18-09955 were already present in the Mediterranean Sea, where they were engaged in planned operations. They did not call into any ports where an exchange of munitions could have been effected as a way to increase their quantity of cruise missiles.Specifically, from 4 to 5 April, the USS Porter was located south-east of Sicily and the Ross was en route from the Rota naval base to an area south of Sardinia. Later, on 6 April, both ships were observed moving at accelerated speed towards the area of the firing positions to the south-west of Cyprus, from where they launched a massive strike on Al-Shayrat on 7 April. However, the 59 Tomahawk missiles that were launched would have exceeded the two destroyers' total munitions capacity if they had actually been engaged in the anti-missile defence operations that they were assigned to, which required only 48 units. That means, therefore, that even before the chemical incident in Khan Shaykhun, these United States naval vessels undertook a military operation with a strike capability above the number of cruise missiles necessary for their anti-missile defence operations, which could be evidence of advance planning by Washington of an action against Damascus.Among other things, Saturday's fake news from Douma was aimed at diverting the public's attention from the circus that is the Skripal case, in which London has become terminally mired, hurling completely unproven accusations at Russia and accomplishing its basic purpose of extracting solidarity from its allies in order to construct an anti-Russian front. Now the British are shifting away from a transparent investigation and concrete responses to the questions they have been asked while simultaneously covering their tracks.At the Security Council meeting on 5 April on the Skripal case (see S/PV.8224), we warned the Council that the attempt to accuse us, without proof, of involvement in the Salisbury incident was linked to the Syrian chemical issue. There was an interesting new development regarding the issue yesterday. As Britain's Foreign Minister Boris Johnson was continuing his display of rapier wit "exposing" Russia, another gem emerged. The Times informed us that Royal Air Force experts in southern Cyprus had intercepted a message sent from outside Damascus to Moscow on the day of the Skripals' poisoning that contained the phrase "the package has been delivered" and said that two people had "successfully departed". Apparently this formed part of the intelligence that London provided to its allies before expelling our Russian diplomats. Is not it obvious to everyone that there is an irrefutable Syria-Russia-Salisbury connection? I will give the British intelligence services one more huge hint, for free. Why do they not assume that the Novichok they are so thrilled about reached Salisbury directly from Syria? In a package. To cover its tracks. How pathetic.Ambassador Haley recently stated that Russia will never be a friend of the United States. To that, I say that friendship is both reciprocal and voluntary. One cannot force a friendship and we are not begging the United States to be friends. What we want from it is very little — normal, civilized relations, which it arrogantly refuses, disregarding basic courtesy. However, the United States is mistaken if it thinks that it has friends. Its so-called friends are only those who cannot say no to it. And that is the only criterion for friendship that it understands.Russia has friends. And unlike the United States, we do not have adversaries. That is not the prism through which we view the world. It is international terrorism that is our enemy. However, we continue to propose cooperating with the United States. That cooperation should be respectful and mutual, and aimed at resolving genuine problems, not imaginary ones, and it should be just as much in the interests of the United States. Ultimately, as permanent members of the Security Council, we have a special responsibility for the maintenance of international peace and security.Through the relevant channels, we already conveyed to the United States that military action conducted on false pretences against Syria, where Russian troops are deployed at the request of its legitimate Government, could have extremely serious repercussions. We urge Western politicians to temper their hawkish rhetoric, seriously consider the possible repercussions and cease their feeble, foolhardy efforts, which merely produce challenges to global security. We can see very good examples of what becomes of the military misadventures of the West in Yugoslavia, Iraq and Libya. No one has invested Western leaders with the power to take on the roles of the world's policeman and its investigators, prosecutors, judges and executioners as well. We urge them to return to the world of legality, comply with the Charter of the United Nations and work collectively to address the problems that arise rather than attempting to realize its own selfish geopolitical dreams at every step. All our energy should be focused on supporting the political process in Syria, and for that, all stakeholders with influence must unite in a 09/04/2018 Threats to international peace and security S/PV.8225 18-09955 9/26 constructive effort. Russia is always ready for that kind of cooperation.In conclusion, I would like to take this opportunity to request a briefing of the Security Council on the results of the United Nations assessment mission in Raqqa and on the situation in the Rukban camp. We can see how the coalition members are trying to complicate a resolution of the problems resulting from their actions in Syria, particularly the carpet-bombing operation designed to wipe out Raqqa. No chemical provocations will distract our attention from that issue.Mr. Van Oosterom (Netherlands): We thank Special Envoy Staffan de Mistura and Deputy High Representative for Disarmament Affairs Thomas Markram for their briefings.Only five days ago, here in this Chamber (see S/PV.8221), we mourned as we remembered the sarin attack at Khan Shaykhun that occurred a year ago. This weekend another devastating gas attack was carried out in the city of Douma, killing more than 45 civilians and injuring more than 500. It was another in a series of chemical-weapon attacks in Syria. That is unacceptable. The Kingdom of the Netherlands is one of nine Security Council members that requested today's emergency meeting because we all believed that it was critically important to address this horrific attack. We must reinstate the prohibition on the use of chemical weapons. We must underscore the basic norms of the international legal order and stop the ongoing tragedy in eastern Ghouta and Douma.We almost met twice today because one permanent member of the Council seemed not to want a focused discussion on the issue at hand, the chemical attack in Douma. That begs the question of whether that particular member State would prefer the international community to stand by and watch like a spectator while it covers for the crimes of its ally, the Syrian regime, some of which amount to serious war crimes. The Council must not stand idly by. It is high time for us to act in three ways, condemning, protecting and holding to account. First, today we should condemn in the strongest possible terms any use of chemical weapons. International law has been trampled on. Silence and impunity are not an option. However, condemnation alone is not enough.Secondly, we must deliver on our responsibility to protect. The protection of civilians must remain an absolute priority. We call on the Astana guarantors to use their influence to prevent any further attacks. They must ensure a cessation of hostilities and a de-escalation of the violence, as per resolution 2401 (2018). An immediate ceasefire is needed in Douma so that humanitarian and medical aid can reach the victims of the attack and so that humanitarian personnel can continue their life-saving work. We owe it to the men, women and children of Douma and of Syria. We owe it to our own citizens.Furthermore, the Kingdom of the Netherlands would also like to point out that the majority of the States Members of the United Nations count on the permanent members of the Council not to use their veto in cases of mass atrocities. The international community should be able to count on the Council to uphold international humanitarian law and the international prohibition on the use of chemical weapons, and to act when international law is trampled. Let me be clear. We support the humanitarian work of the White Helmets. They do extremely important humanitarian work for civilians in Syria in dire circumstances.Thirdly, all members of the Council regularly stress the importance of accountability for perpetrators who use chemical weapons. Yet the Council has not been able to move forward on that issue for months owing to one permanent member's use of the veto. We have been unable to tackle this crisis because one permanent member is a direct party to the conflict and has proved that it will defend the Syrian regime at all costs. We must intensify our efforts to establish a mechanism that can continue the meticulous work of the Joint Investigative Mechanism (JIM) and investigate and identify perpetrators independently of the politics in the Council. The JIM has identified both the Syrian regime and a non-State actor as responsible for the use of chemical weapons in Syria. As I said last week (see S/PV.8221), the discontinuation of the JIM mandate cannot be the end of the story — all the more so because since the JIM ceased to operate, we have received reports that the regime has carried out at least six more chemical-weapon attacks and perhaps even more. For those who claim that chemical-weapon attacks have not taken place or that such accounts have been fabricated, I have a clear message. The establishment of an effective, impartial and independent attribution and accountability mechanism must not be vetoed.Let us not forget that the United Nations is bigger than the Council alone. We have strong leadership at the helm of Organization and a powerful General S/PV.8225 Threats to international peace and security 09/04/2018 10/26 18-09955 Assembly. Both must consider all instruments to advance accountability for the use of chemical weapons. The work should build on the important work of the Organization for the Prohibition of Chemical Weapons (OPCW) Fact-finding Mission and the JIM. We welcome the Fact-finding Mission's immediate investigation of the terrible incident in Douma this weekend. It should be given full access and cooperation by all parties. We reiterate our strong support for, first, the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011; secondly, the Commission of Inquiry; thirdly, the International Partnership against Impunity for the Use of Chemical Weapons, initiated by France; and fourthly, a referral of the situation in Syria to the International Criminal Court in The Hague as the most appropriate path to accountability and justice.In conclusion, the Council must act. The OPCW Fact-finding Mission must complete an investigation as soon as possible, and there can be no impunity for the use of chemical weapons. To do otherwise is tantamount to condoning such appalling attacks, failing in our responsibilities and undermining the international architecture that we have collectively designed to stop such attacks. It is time for the Council and the international community as a whole to act.Mrs. Haley (United States of America): I thank Mr. De Mistura and Mr. Markram for their briefings.Almost exactly one year ago, I stood on the floor of the Security Council and held up pictures of dead Syrian children (see S/PV.7915). After that day, I prayed that I would never have to do that again. I could; there are many truly gruesome pictures. Many of us have worked hard to ensure that one day we would not have to see images of babies gassed to death in Syria. However, the day we prayed would never come, has come again. Chemical weapons have once again been used on Syrian men, women and children. And once again, the Security Council is meeting in response.This time I am not going to hold up pictures of victims. I could; there are many, and they are gruesome. Worse are the videos imprinted in our minds that no one should ever have to see. I could hold up pictures of babies lying dead next to their mothers, brothers and sisters — even toddlers and infants still in diapers, all lying together dead. Their skin is the ashen blue that is now tragically familiar from chemical-weapon scenes. Their eyes are open and lifeless, with white foam bubbles at their mouths and noses. They are pictures of dead Syrians who are unarmed, not soldiers and fit the very definition of innocent and non-threatening. Rather, they are women and children who were hiding in basements from a renewed assault by Bashar Al-Assad. They are of families who were hiding underground to escape Al-Assad's conventional bombs and artillery, but the basements that Syrian families thought would shelter them from conventional bombs were the worst place to be when chemical weapons fell from the sky. Saturday evening, the basements of Douma became their tombs.It is impossible to know for certain how many have died, because access to Douma is cut off by Al-Assad's forces. Dozens are dead that we know of, and hundreds are wounded. I could hold up pictures of survivors — children with burning eyes and choking for breath. I could hold up pictures of first responders washing the chemicals off of the victims and putting respirators on children, or of first responders walking through room after room of families lying motionless with babies still in the arms of their mothers and fathers. I could show pictures of a hospital attacked with chemical weapons. I could show pictures of hospitals struck by barrel bombs following the chemical attack. Ambulances and rescue vehicles have been repeatedly attacked, maximizing the number of dead civilians. Civil defence centres have been attacked in order to paralyse the medical response so as to increase the suffering of the survivors. Who does that? Only a monster does that. Only a monster targets civilians, and then ensures that there are no ambulances to transfer the wounded, no hospitals to save their lives and no doctors or medicine to ease their pain.I could hold up pictures of all of that killing and suffering for the Council to see, but what would be the point? The monster who was responsible for those attacks has no conscience, not even to be shocked by pictures of dead children. The Russian regime, whose hands are all covered in the blood of Syrian children, cannot be ashamed by pictures of its victims. We have tried that before. We must not overlook Russia and Iran's roles in enabling the Al-Assad regime's murderous destruction. Russia and Iran have military advisers at Al-Assad's airfields and operation centres. Russian officials are on the ground helping direct the 09/04/2018 Threats to international peace and security S/PV.8225 18-09955 11/26 regime's starve-and-surrender campaign, and Iranian allied forces do much of the dirty work.When the Syrian military pummels civilians, they rely on the military hardware given by Russia. Russia could stop that senseless slaughter if it wanted, but it stands with the Al-Assad regime and supports without any hesitation. What is the point of trying to shame such people? After all, no civilized Government would have anything to do with Al-Assad's murderous regime. Pictures of dead children mean little to Governments like Russia, who expend their own resources to prop up Al-Assad.The Council, which saw the pictures last year, has failed to act because Russia has stood in its way every single time. For a year we have allowed Russia to hold the lives of innocent Syrians hostage to its alliance with the Al-Assad regime. That also allowed Russian to weaken the credibility of the United Nations. We are quick to condemn chemical weapons in the Security Council, but then Russia prevents any action. It vetoed five draft resolutions on this issue alone and used 11 vetoes all together to save Al-Assad. Our lives go on as usual.The Council created the Joint Investigative Mechanism. It found the Syrian regime responsible for the attack at Khan Shaykhun a year ago. Because Russia supported Al-Assad and his actions, Russia killed the Mechanism. We condemned it, and our lives went on as usual. We pushed for a ceasefire. The Council unanimously agreed, but it was immediately ignored by Russia and Al-Assad. We condemned it, and our lives went on as usual. Now here we are, confronted with the consequences of giving Russia a pass in the name of unity — a unity that Russia has shown many times before it does not want. Here we are, in a world where chemical-weapons use is becoming normalized — from an Indonesian airport to an English village to the homes and hospitals of Syria. Since the Al-Assad regime used chemical weapons at Khan Shaykhun one year ago, chemical weapons have been reportedly used dozens of times, and the Council does nothing.What we are dealing with today is not about a spat between the United States and Russia. It is about the inhumane use of chemical agents on innocent civilians. Each and every one of the nations in the Council is on record opposing the use of chemical weapons. There can be no more rationalizations for our failure to act. We have already introduced and circulated to the Council a draft resolution demanding unrestricted humanitarian access to the people of Douma. Al-Assad is doing all he can to assure maximum suffering in Douma. Our priority must be to help the starving, the sick and the injured who have been left behind. We also call on the Council to immediately re-establish a truly professional and impartial mechanism for chemical-weapons attacks in Syria, including the attack this weekend. We hope that our colleagues on the Council will join us, as they have before.That is a very minimum we can do in response to the attack we just witnessed. Russia's obstructionism will not continue to hold us hostage when we are confronted with an attack like that one. The United States is determined to see the monster who dropped chemical weapons on the Syrian people held to account. Those present have heard what the President of the United States has said about that. Meetings are ongoing. Important decisions are being weighed, even as we speak. We are on the edge of a dangerous precipice. The great evil of chemical-weapons use, which once unified the world in opposition, is on the verge of becoming the new normal. The international community must not let that happen. We are beyond showing pictures of dead babies. We are beyond appeals to conscience. We have reached the moment when the world must see justice done. History will record this as the moment when the Security Council either discharged its duty or demonstrated its utter and complete failure to protect the people of Syria. Either way, the United States will respond.Mr. Delattre (France) (spoke in French): I thank the Peruvian presidency for having convened this emergency Security Council meeting, at the request of France, together with eight other Council members. I also wish to thank the Special Envoy of the Secretary-General for Syria, Mr. Staffan de Mistura, and the Deputy to the High Representative for Disarmament Affairs, Mr. Thomas Markram, for their insightful briefings.There are times in the lives of nations where what is essential is at stake: life or death; peace or war; civilization or barbarism; the international order or chaos. That is the case today following the dreadful chemical carnage that once again pushed the boundaries of horror on Saturday in Douma. We are aware that two new and particularly serious chemical-weapons attacks took place in Douma on 7 April. The provisional toll of human life is appalling. There are nearly 50 dead, including a number of children, and 1,000 wounded. S/PV.8225 Threats to international peace and security 09/04/2018 12/26 18-09955 That toll is likely to be even higher, as assistance cannot reach some areas. Once again, toxic substances have been dropped to asphyxiate, to kill and to terrorize civilians, reaching them even in the basements where they sought refuge. Chlorine gas has the particular characteristic of being a heavy gas, capable of entering basements. For that reason, it is used. That is the level of deadly cynicism that has been reached in Syria.There are no words to describe the horror of the images that surfaced on 7 April, nearly one year after the Khan Shaykhun attack, which killed nearly 80 people. What we see in the thousands of photos and videos that surfaced in the course of several hours after the 7 April attacks reminds us of the images we have seen far too often: children and adults suffocating due to exposure to concentrated chlorine gas. What we also see are people suffering from violent convulsions, excessive salivation and burning eyes, all of which are symptomatic of exposure to a potent neurotoxin mixed with chlorine to heighten the lethal effect. As I mentioned, in total more than 1,000 people were exposed to that deadly chemical compound.The experience and the successive reports of the Joint Investigative Mechanism leave no room for doubt as to the perpetrators of this most recent attack. Only the Syrian armed forces and their agencies have the requisite knowledge to develop such sophisticated toxic substances with such a high degree of lethality. And only the Syrian armed forces and its agencies have a military interest in their use. This attack took place in Douma, an area that has been subjected to relentless shelling by the Syrian armed and air forces for several weeks. Unfortunately, the use of such weapons enables much swifter tactical progress than conventional weapons.We are all aware that the Syrian regime has already been identified by the Organization for the Prohibition of Chemical Weapons-United Nations Joint Investigative Mechanism as the party responsible for the use, on at least four occasions, of chlorine and sarin gas as a chemical weapon. There are no illusions as to the sincerity of the declaration delivered by Syria on the state of its chemical stockpiles in 2013. Unfortunately, we once again we have proof in the form of empirical evidence. This dovetails with the regime's strategy of terror against civilians. We have already experienced this. At the worst, this is bad faith or, even worse, complicity. The Damascus regime clearly seeks, by sowing terror, to accelerate the capture of other urban areas that it wishes to control. What could be more effective to prompt those who resist the regime to flee than sieges, a tactic worthy of the Middle Ages, in addition to chemical terror. Let us make no mistake: the children frozen in an agonizing death are not so-called collateral victims. They are deliberate targets of these chemical attacks, designed and planned for the purpose of waging terror. The Damascus regime is conducting State terrorism, with its litany of war crimes and even crimes against humanity.The offensive and the shelling conducted by the regime, as well as by its Russian and Iranian allies, over the past 48 hours prove the degree to which they have engaged in a military race without any consideration of the human cost. This latest escalation of violence, punctuated by a new instance of the use of chemical weapons, brings us face to face with the destructive madness of a diehard regime that seeks to destroy its people completely. And that regime's Russian and Iranian allies are either unable or unwilling to stop it. We are aware of the fact, and the Russian authorities have confirmed this on several occasions, that Russian military forces have a presence on the ground and in the air in eastern Ghouta. On 7 April, as the second chemical attack took place in Douma, Russian aircraft were also taking part in air operations in the Damascus region. Russian and Iranian military support is present on the ground and at all levels of the Syrian war machinery. No Syrian aircraft takes off without the Russian ally being informed. These attacks took place either with the tacit or explicit consent of Russia or despite its reluctance and military presence. I do not know which is more alarming when it comes to our collective security.The stakes revolving around this recent attack are extremely grave. This is the latest proof of the normalization of chemical weapons use, which we should attribute not only to a regime that has become uncontrollable and continues to gas civilians with complete impunity, but also to its supporters, including a permanent member of the Security Council. That member failed in its commitment to implement resolution 2118 (2013), which it, itself, co-sponsored. That member's responsibility in the endless tragedy that is the war in Syria is overwhelming.France therefore of course turns towards Russia today in order to put forward two demands. The first demand is a cessation of hostilities and the establishment of an immediate ceasefire in Syria, in line with resolution 2401 (2018), adopted on 24 February, 09/04/2018 Threats to international peace and security S/PV.8225 18-09955 13/26 which to date has never been upheld by the Damascus regime. France deeply deplores the fact that, although it was unanimously adopted, it was not possible to implement that resolution, which provides for a truce and emergency humanitarian access. The second demand is the establishment of a new international investigative mechanism that will be able to document all of the factors of the attack in Douma and ensure that the perpetrators are brought to justice. The end of the Joint Investigative Mechanism last November due to two successive Russian vetoes has stripped us of an essential tool of deterrence. For that reason, we support any initiative to bridge that gap. And in that spirit France has committed to a partnership to combat impunity for the use of chemical weapons. In that same spirit, we endorse the draft resolution that has been put forward today by the United States.With this attack the Al-Assad regime is testing yet again the determination of the international community to ensure compliance with the prohibition against chemica-weapons use. Our response must be united, robust and implacable. That response must make it clear that the use of chemical weapons against civilians will no longer be tolerated, and that those who flout that fundamental rule of our collective security will be held accountable and must face the consequences. The Al-Assad regime needs to hear an international response, and France stands ready to fully shoulder its role alongside its partners.Ultimately, we know that only an inclusive political solution will bring an end to the seven-year conflict, which has claimed the lives of 500,000 people and pushed millions to take the route of exile. That is why France will remain fully committed alongside the United Nations Special Envoy and in line with the Geneva process. However, in the light of this most recent carnage, we can no longer merely repeat words. Without being followed up by deeds, such words would be meaningless. I wish to reiterate here what President Macron has stressed on several occasions: France will assume its full responsibility in the fight against the proliferation of chemical weapons. France's position is clear. It will uphold its commitments and keep its word.Ms. Pierce (United Kingdom): I thank the Special Envoy of the Secretary-General for Syria and Mr. Markram for their briefings. I also thank all the United Nations teams on the ground for the important and incredibly difficult work they do.As Staffan de Mistura said, this is an important Security Council meeting. My Government shares the outrage that other colleagues have eloquently described today. It is truly horrific to think of victims and families sheltered underground when the chlorine found them.This is the third time in five days that the Council has convened to discuss chemical weapons. This is dreadful in the true sense of that word. The Council should dread what we risk happening — for chemical weapons to become a routine part of fighting. As one of the five permanent members of the Council (P-5), the United Kingdom believes that we have a particular responsibility to uphold the worldwide prohibition on the use of weapons of mass destruction (WMDs). We agree with the Netherlands Ambassador that the P-5 has specific responsibilities. I believe that four members of the P-5 do believe that, but there is one that does not. The Russian Ambassador referred to a resurgence of the Cold War. This is not the Cold War. In the Cold War there was not this flagrant disregard for the prohibitions that are universal on the use of WMDs.The Special Representative of the Secretary-General also referred to the risks of escalation, and to international peace and security more broadly. We share his fears, but it is the Syrian Government and its backers, Iran and Russia, who are prolonging the fighting and risking regional and wider instability. There are real questions about what is happening in the T-4 airbase, with its foreign fighters and its mercenaries.We have been challenged today by our Russian colleague to say why we believe the attack was carried out by Syria and why we believe, further, that chemical weapons were used. The reasons are as follows. The Organization for the Prohibition of Chemical Weapons (OPCW)-United Nations Joint Investigative Mechanism found six uses of chemical weapons between 2014 and 2017. Two it ascribed to Da'esh for the use of mustard gas, three it ascribed to the regime for the use of chlorine and one further use it ascribed to the Syrian regime for the use of sarin. That is the attacks that we talked about in the Council just last week at Khan Sheykhoun, which led to the United States strike — which we support — on Al-Shayrat. In addition, as the French Ambassador has said, we had reports of Russian and Syrian warnings before the chemical-weapon attack took place and of a pattern of Mi-8 Hip helicopters flying overhead. Those reports have come from the ground.S/PV.8225 Threats to international peace and security 09/04/2018 14/26 18-09955 I listened carefully to the Russian Ambassador's argument. As I have just set out, we, as the United Kingdom believe that the Syrian regime is responsible for these latest attacks. But there is one way to settle this — to have an independent fact-finding mission followed by an independent investigation — as we all know that fact-finding missions are there to determine whether chemical weapons have been used and, if they have been used, what sort of chemical weapons. But only an investigation can determine who is responsible for their use, and therefore start the path to accountability.I was very interested to hear the Russian offer that an OPCW fact-finding mission could visit and would have the protection of Russian forces. I believe that this is an offer worth pursuing, but it would, of course, be necessary for the OPCW mission to have complete freedom of action and freedom of access. That still leaves us with the question of who committed these atrocities. That is why we support the United States text for a draft resolution and we believe that there is no legitimate reason not to support the call for the Council to set up an independent investigative mechanism. As I said before, we have nothing to hide, but it appears that Russia, Syria and their supporters, Iran, do have something to fear.The Russian Ambassador singled out the United Kingdom, the United States and France for criticism. I would like, if I may, to turn to that. The responsibility for the cruelty in Syria belongs to Syria and its backers — Russia and Iran. The use of chemical weapons is an escalatory and diabolical act. It strikes me that what Russia is trying to do is to turn the debate in the Council away from the discussion of the use of chemical weapons into a dispute between East and West, presenting itself as the victim. It is far too important to play games with the politics between East and West in respect of chemical weapons. Russia's crocodile tears for the people of eastern Ghouta has an easy answer. It is to join us in the non-political attempt to get in humanitarian and protection workers from the United Nations to do their job of looking after and mitigating the risk to civilians. Russia's concern about attribution for the use of chemical weapons also has an easy answer. It is to join us in allowing the United Nations to set up an international investigative mechanism to pursue the responsible parties. I repeat here the two demands of my French colleague, and I hope we will be able to make progress.I had not intended to address the Skripal case in Salisbury, but since my Russian colleague has done so, I will address it today. He asked what the similarities were between Salisbury and Syria. I think it is important that I point out that the cases are different in the following respects. First, there is a thorough investigation under way in Salisbury. As we have heard, there is no investigation under way in Syria. The British Government in Salisbury is seeking to protect its people, as is its duty. The Syrian Government, on the contrary, as we have heard today, attacks and gasses its people. I am sorry to say that what the two do have in common though, is Russia's refusal to assume P-5 responsibilities to prevent the use of WMDs and its reckless support for the use of WMDs by its agents and by its allies.It is not we who want to alienate Russia. It alienates herself by not joining in the vast majority of the Council who wish to find a non-polemical way through and to address the use of chemical weapons against civilians in Syria. The Russian Ambassador mentioned friends of the United States. My Government and its people are proud to be a friend of the United States. We stand with everyone on the Council who wants to find a way through the chemical weapons problem, to have a proper fact-finding mission and to have a proper investigation as the first step to bringing this dreadful conflict to a close.Mr. Wu Haitao (China) (spoke in Chinese): China would like to thank Special Envoy de Mistura and the Deputy to the High Representative for Disarmament Affairs, Mr. Markram, for their briefings. China takes note of the reports alleging that chemical weapons were once again used in Syria and caused civilian casualties. That is of great concern to China.China's position on chemical-weapons has been consistent and clear. We are firmly opposed to the use of chemical weapons by any State, organization or individual under any circumstances. Any use of chemical weapons, whenever and wherever, must not be tolerated. China supports a comprehensive, objective and impartial investigation of the incident concerned so that it can reach a conclusion based on substantiated evidence that can stand the test of history and facts so that the perpetrators and responsible parties can be brought to justice.The Syrian chemical-weapons issue is closely linked to to a political settlement of the Syrian situation. China 09/04/2018 Threats to international peace and security S/PV.8225 18-09955 15/26 supports the ongoing important role of the Security Council and the Organization for the Prohibition of Chemical Weapons (OPCW) as the main channels for dealing with the Syrian chemical-weapons issue. We hope that the parties concerned will take a constructive approach so as to seek a solution through consultations, establish the facts, prevent any further use of chemical weapons, preserve the unity of the Security Council and cooperate with the efforts by the parties concerned to advance the political process in Syria.The Syrian conflict has entered its eighth year and is inflicting tremendous suffering on the Syrian people. A political settlement is the only solution to the Syrian issue. The international community must remain committed to a political settlement of the question of Syria, while fully respecting its sovereignty, independence, unity and territorial integrity.China has always opposed the use or threat of force in international affairs. We always advocate adherence to the Charter of the United Nations. All parties should increase their support for the United Nations mediation efforts and compel the parties in Syria to seek a political settlement under the principle of Syrian leadership and ownership in accordance with resolution 2254 (2015).The fight against terrorism is an important and urgent issue in the political settlement of the Syrian question. The international community must strengthen its coordination, uphold uniform standards and combat all terrorist groups identified as such by the Security Council.At a recent Security Council meeting, China set out its principled position with regard to the Skripal incident (see S/PV.8224). China believes that the parties concerned should strictly comply with their obligations under the Chemical Weapons Convention and, in line with the relevant provisions of the Convention, carry out a comprehensive, impartial and objective investigation and deal with the issues concerned within the framework of the OPCW. China hopes that the parties concerned will work in accordance with the principles of mutual respect and equality, engage in consultations, cooperate, avoid politicization and measures that might further exacerbate tensions and resolve their differences properly through dialogue.Mr. Skoog (Sweden): I thank Mr. Staffan de Mistura and Mr. Thomas Markram for their briefings this afternoon. I would also like to thank you, Mr. President, for acceding to our request for an emergency meeting.We are dismayed by the general escalation of violence in Syria, as described today by Staffan de Mistura, in clear violation of the various resolutions, including resolution 2401 (2018). In that regard, I want to plea with the Syrian authorities represented in the Chamber and with the Astana guarantors to live up to the Security Council's resolutions.We asked for this meeting today because over the weekend we were yet again faced with horrifying allegations of chemical-weapons attacks in Syria, this time in Douma, just outside Damascus. There are worrying reports of a large number of civilian casualties, including women and children. The graphic material that has been shared is beyond repugnant. We are alarmed by those extremely serious allegations. There must now be an immediate, independent and thorough investigation.Let me reiterate that Sweden supports all international efforts to combat the use and proliferation of chemical weapons by State or non-State actors anywhere in the world. We unequivocally condemn in the strongest terms the use of chemical weapons, including in Syria. It is a serious violation of international law and constitutes a threat to international peace and security. The use of chemical weapons in armed conflict is always prohibited and amounts to a war crime. Those responsible must be held accountable. We cannot accept impunity.Addressing the use of chemical weapons in Syria has become a central test of the credibility of the Council. How we respond to the most recent reports from Douma is therefore decisive. Despite the odds, we must put aside our differences and come together. Now is the time to show unity. In our view, the following needs to happen.First, we must condemn in the strongest terms the continued use of chemical weapons in Syria.Secondly, our immediate priority must be to investigate the worrying reports from Douma. In that context, we welcome the announcement by the Director-General of the Organization for the Prohibition of Chemical Weapons (OPCW) that the Fact-finding Mission for Syria — to which we reiterate our full support — is in the process of gathering information from all available sources. We express our hope that the Fact-finding Mission can be urgently deployed to Syria.S/PV.8225 Threats to international peace and security 09/04/2018 16/26 18-09955 Thirdly, all States, as well as the parties to the conflict, including the Syrian authorities, must fully cooperate with the Fact-finding Mission. What is particularly needed is safe and unhindered access to the site in Douma, as well as any information and evidence deemed relevant by the Fact-finding Mission to conduct its independent investigation.Fourthly, we need to urgently redouble our efforts in the Council to agree on a new independent and impartial attributive mechanism to identify those responsible for chemical-weapons use.Finally, if the allegations of chemical-weapons use are indeed confirmed and those responsible are eventually identified, the perpetrators must be held to account.We are ready to work actively and constructively with other members for urgent Council action. To that end, we have circulated elements as input to our discussions. We must immediately engage in consultations in order to break the current deadlock and to shoulder our responsibility under the Charter of the United Nations. We owe that to the many victims of the crimes committed in this conflict.Mr. Radomski (Poland): Allow me to thank Special Envoy Mr. Staffan de Mistura and Deputy to the High Representative for Disarmament Affairs Mr. Thomas Markham for their important briefings.We are horrified by the news of another deadly attack in eastern Ghouta, which took place on Saturday evening. Dozens of people perished as a result of a vicious act of violence against civilians in Douma. The available information about the symptoms of the victims affirm that they are consistent with those caused by a chemical agent.Poland condemns that barbaric attack, and expects that it will be possible to hold the perpetrators accountable. No military or political goal can justify the extermination of innocent vulnerable people, especially those seeking help in medical facilities. That atrocious crime seems to be a cynical response to the debates in the Council last week, when we commemorated the first anniversary of the attack in Khan Shaykun (see S/PV.8221).We call on the actors affecting the situation in Syria, especially the Russian Federation and Iran, to take all the necessary actions to prevent any further use of weapons of mass destruction and to achieve the full cessation of hostilities in the whole territory of Syria. We insist that all parties to the conflict comply with their obligations under international humanitarian law.As has been stated many times by members of the Council, as well as United Nations officials and European Union representatives, it is highly regrettable that the renewal of the mandate of the Organization for the Prohibition of Chemical Weapons-United Nations Joint Investigative Mechanism was vetoed, thereby allowing those responsible for the subsequent chemical attacks to remain unpunished. Today we face the results of that impunity, witnessing further attacks against civilians with the use of chemicals as weapons.We urge all our partners in the Council to engage in a serious discussion in good faith in order to re-establish an accountability mechanism for chemical attacks in Syria. That is the minimum that we owe the victims of Ghouta, Khan Shaykun, Al-Lataminah and the numerous other places where chemical weapons have been used.Mr. Alemu (Ethiopia): We would like to thank Special Envoy De Mistura and Mr. Thomas Markram for their briefings.Reports of the alleged use of chemical weapons in Douma on Saturday and the videos and pictures that we saw through media outlets are indeed very worrisome. It is also deeply disturbing that such reports of the use of chemical weapons have continued in the ongoing military activities in Syria. As we have repeatedly stated, we strongly condemn any use of chemical weapons by any actor under any circumstances. There is no justification whatsoever for the use of chemical weapons. Those responsible for these inhuman acts must be identified and held accountable. This is absolutely vital, not only for the sake of the victims of chemical weapons in Syria but also for maintaining international peace and security and for preserving the non-proliferation architecture.As the Secretary-General said in his 8 April statement, cited by the Special Envoy earlier, any use of chemical weapons, if confirmed, is abhorrent and requires a thorough investigation. That includes the need to establish accountability — something on which the Council has yet to achieve consensus. In the meantime, we believe the reported use of chemical weapons in Douma, and in other parts of Syria, should be investigated by the Fact-finding Mission, and all parties should extend full cooperation in that 09/04/2018 Threats to international peace and security S/PV.8225 18-09955 17/26 regard, in accordance with the relevant Security Council resolutions.While we all agree that accountability is indispensable for deterring and stopping the use of chemical weapons in Syria and beyond, there is currently, as has already be said, no independent, impartial and professional investigative mechanism that could identify those individuals, entities, State or non-State actors that use chemical weapons in the country. In that regard, the Council should recover its unity and engage in a positive and constructive discussion that could address the existing institutional lacunae.We all know that the threats to international peace and security we face today are becoming increasingly more complex by the day. We are seeing that the proliferation of nuclear weapons is posing a real danger and that the international norms on the use of chemical weapons are also being undermined. Since the end of the Cold War, the trust among major Powers has never been so low as it is currently, which has enormous implications not only for global peace and security but also for the transformative agenda that we have set for ourselves in the development sphere. We cannot think of making any meaningful headway towards achieving the Sustainable Development Goals without creating the necessary global security environment. At the moment, we really cannot say that this is an environment conducive to making any progress on that account.The Security Council has the primary responsibility for the promotion and maintenance of international peace and security. Unfortunately, it has not been able to effectively address the new and emerging threats and challenges to peace and security that we are facing today. It has been all the more apparent that the lack of unity and cohesion among members is undermining the credibility of the Council. Perhaps we, the elected members, have to look for ways and means to have a greater impact, with a view to contributing to increasing the Council's effectiveness. Without dialogue among the major Powers to build the necessary trust and understanding, it will be extremely difficult to address some of the most difficult and complex security challenges we have ever seen, including the situation in Syria.Things are in fact bound to get even worse unless something is done. We cannot afford to bury our heads in the sand. The dangers are very palpable. That is why every opportunity should be seized. That is also why we consider the news about the upcoming summit-level meetings being planned to be encouraging. We can only hope that those meetings will help to defuse tensions and allow for serious discussions to take place with a view to finding a common approach to tackling current threats and challenges. The sooner those discussions happen, the better for preserving global peace and stability, which, as we speak, is becoming a source of extremely great concern. In fact, I am understating the magnitude of the potential danger we are facing.Mr. Tanoh-Boutchoue (Côte d'Ivoire) (spoke in French): The Ivorian delegation thanks Mr. De Mistura and Mr. Markram for their respective briefings on the latest developments in Syria, after the resumption of fighting in Douma and eastern Ghouta and the bombing of the city of Damascus, following the relative calm of recent weeks. My delegation would like to focus its statement on three main points.First, we remain deeply concerned about recent reports of chemical-weapons attacks against innocent civilian populations, which have reportedly resulted in numerous casualties who have shown symptoms of exposure to a chemical agent. While reaffirming its categorical rejection of any use or resort to chemical weapons, be it in times of peace or in times of war, Côte d'Ivoire strongly condemns such acts and calls for these events to be placed under an intense spotlight, with the contribution of all stakeholders.In the face of allegations of recurrent use of chemical weapons by the warring parties in the Syrian conflict, the Ivorian delegation stresses that it is more important than ever that the international community send a strong signal to show, beyond the usual principled condemnations, its determination to put a definitive end to this infernal cycle.The use of chemical weapons violates the most fundamental norms of international law and poses threats to our collective security. That is why we must engage in a unflagging fight against impunity in the use of chemical weapons and preserving the international chemical non-proliferation regime, which is one of the fundamental pillars of our common security.My second point concerns the need for the international community to put in place a mechanism for accountability and for the fight against impunity for those who use chemical weapons, in order to put an end to the repeated use of these weapons. In that regard, the Ivorian delegation expresses its readiness to work S/PV.8225 Threats to international peace and security 09/04/2018 18/26 18-09955 towards the establishment of such a mechanism and calls on the Council to return to the unity it had when it established the Joint Investigative Mechanism, whose mandate unfortunately could not be renewed despite our common efforts.Thirdly, Côte d'Ivoire notes with regret that resolution 2401 (2018), which remains the framework for our joint action, has not been implemented and that the humanitarian situation in Syria has further deteriorated. In the light of the distress of the civilian populations trapped in the fighting, the urgency for a cessation of hostilities remains more relevant than ever. In the face of the deteriorating situation, my country would like once again to call on all parties to the conflict to immediately cease hostilities and to respect international humanitarian law, including unhindered humanitarian access to persons in distress, in accordance with resolution 2401 (2018).In conclusion, Côte d'Ivoire reiterates its conviction that the solution to the crisis in Syria cannot be military. Only an inclusive political process can put a definitive end to this conflict. Such a political solution must be in accordance with resolution 2254 (2015) and imbued with the results of the Geneva negotiations. My country believes that the Geneva talks remain the right framework for achieving a lasting solution to the Syrian conflict.Mr. Ndong Mba (Equatorial Guinea) (spoke in Spanish): I thank Mr. Staffan de Mistura and Mr. Thomas Markram and their respective teams for their exhaustive briefings.The Republic of Equatorial Guinea expresses its gratitude to the French Republic and to the other members of the Council that called for the convening of this afternoon's meeting. We also thank the President of the Security Council for having decided to hold this afternoon's meeting under the agenda item "Threats to international peace and security: The situation in the Middle East". This is an appropriate topic, since recent events in the Middle East represent a genuine threat to peace and security, not only in that region but at the international level as well. From the protests in the Gaza Strip, with their loss of human lives, to the missile attacks on Syria, as well as the horrendous chemical weapons attack in the Syrian town of Douma, those are all situations of deep concern for the Republic of Equatorial Guinea.This past weekend we awoke to news that added a new low to the saddest and bloodiest episodes of the Syrian conflict. According to reports published in the international media, on 7 April, in the Syrian town of Douma in eastern Ghouta, more than 40 people, mostly women and girls, died from asphyxiation caused by inhaling a poison gas.As we heard in this Chamber on 4 April from the Deputy to the High Representative for Disarmament Affairs, Mr. Thomas Markram (see S/PV.8221), the conclusions and recommendations of the Organization for the Prohibition of Chemical Weapons (OPCW) Fact-finding Mission in the Syrian Arab Republic are not binding and do not attribute responsibilities in the case of evidence of the use of chemical substances prohibited under the relevant international treaties. In the light of that fact, we take this opportunity to recall the obligation of all parties to take essential steps towards the full implementation of resolution 2118 (2013), and we underscore the need to establish an independent investigation mechanism of the United Nations whose task should be focused on preventing impunity, identifying those responsible and preventing future attacks to the best of its abilities.As far as the Republic of Equatorial Guinea is concerned, no use of chemical weapons should go uninvestigated or unpunished. As a result, the alarming information coming out of Syria, especially that pertaining to the use of chemical weapons targeting civilians, both the case of Douma, which we are discussing today, as well as similar events in the past, must be investigated exhaustively, fairly, objectively and independently by international bodies in accordance with OPCW standards. The results of such investigations must be made public and those responsible must answer for their crimes before the implacable face of justice.The fact that chemical substances continue to be used, especially against civilians, is cause for serious concern to the Government of Equatorial Guinea. During the general debate of the seventy-second session of the General Assembly, the President of the Republic of Equatorial Guinea, His Excellency Mr. Obiang Nguema Mbasogo, condemned in the strongest terms the use, manufacture, possession and distribution of chemical weapons in armed conflicts (see A/72/PV.13). It is worth recalling that no member of the Council should be considered exempt from that obligation, which also reflects Chapter I of the Charter of the 09/04/2018 Threats to international peace and security S/PV.8225 18-09955 19/26 United Nations, which enshrines the determination of Member States to build a world of peace and ensure the well-being of humankind.The Security Council now finds itself at a crossroads with respect to its options. It can either strengthen the presence of international forces with a view to future military intervention, as some military Powers have been suggesting, or we can pursue international negotiations, be they in Geneva, Astana, Sochi or Ankara. However, history continues to teach us that military interventionism has never resolved conflicts; rather, it exacerbates and entrenches them, sowing desolation and ruin in its wake.As far as the Republic of Equatorial Guinea is concerned, the only solution to the Syrian conflict is to be found in the words spoken yesterday by Pope Francis in the traditional Sunday mass in Saint Peter's Square in the Vatican:"There is no such thing as a good war and a bad war. Nothing, but nothing, can justify the use of such instruments of extermination on defenseless people and populations . military and political leaders choose another path, that of negotiations, which is the only one that can bring about peace and not death and destruction."In conclusion, we reiterate the appeal made by the Republic of Equatorial Guinea to the countries and actors with influence in Syria, as well as in Israel and Palestine, to wield that influence in order to force all parties involved in those conflicts to mitigate the suffering of their people and to sit down to negotiate to put an end to that chronic threat to international peace and security which persists in the Middle East.Mr. Umarov (Kazakhstan): We thank Special Envoy Staffan de Mistura and Deputy High Representative for Disarmament Affairs, Thomas Markram, for their briefings. We express our gratitude to Council members for initiating this emergency meeting, which we hope will lead to the launching of a timely and objective investigation of the incident in Douma.We firmly believe that the Security Council remains the main and sole body authorized to counter threats to international peace and security. Unfortunately, the situation within the Council is becoming increasingly strained. In order to achieve an appropriate solution to these critical issues, it is of utmost importance that the Council act unanimously, in a balanced and pragmatic manner. To that end, we must demonstrate greater flexibility and negotiability, rising above our national interests in order to achieve peace and stability. Any controversy that involves prejudices and mutual accusations and lacks conclusive results and irrefutable evidence will have only a destructive effect and will not lead to the results that the world community expects from us.With regard to the chemical attacks in Syria, we mourn together with the families of those killed and express our solidarity with them in the face of such atrocities, by which innocent civilians become victims of the relentless confrontation of the opposing parties. Kazakhstan has always taken a firm and resolute stand, uncompromisingly condemning any use of chemical weapons as the most heinous action and an unacceptable war crime.With regard to the situation in Douma, we call for an investigation into this alleged incident to be carried out and for all the circumstances to be clarified as soon as possible. The Council has the great responsibility to act on verifiable facts, not only before the world community, but before ourselves. Furthermore, history itself will ultimately be the judge of our decisions. Therefore, we need to verify all the details of the incident. In that regard, we would like to draw attention to the following aspects.First, are there any other reliable sources, in addition to White Helmets' claims, and who can verify the veracity of the assessments and testimonies of those sources? Some claim that the number of victims is 70, while others report that there were more than 150 victims and still others believe there were only 25 victims. Even one victim is too many. However, today, the Russian Federation denied the attack altogether. There are many allegations and assumptions regarding the very facts concerning the use of a toxic chemical substance.Secondly, we consider it important to take into account the fact that the Government of Syria has repeatedly notified us and requested that we check its reports that a number of terrorist groups on the side of the opposition were making attempts to transfer chemical weapons and prepare chemical attacks on the territory of eastern Ghouta. Actually, these allegations have not been given due attention and we have had no opportunity to verify all the facts. We are not advocating for any side in this conflict, but rather demanding a full S/PV.8225 Threats to international peace and security 09/04/2018 20/26 18-09955 and objective investigation on the basis of which we can make a thoughtful decision.Thirdly, we believe that it is imperative to conduct an independent investigation. We again recall the urgent need for an investigative mechanism, the establishment of which depends on the permanent members of the Council. They must make every possible effort to find common ground on the issue. We urgently need objective and verifiable information, as well as an immediate, independent, transparent and unbiased investigation before any decision or action, unilateral or otherwise, is taken.We fully support the proposal that the Organization for the Prohibition of Chemical Weapons (OPCW) Fact-finding Mission be sent at the earliest. We are certain that the Syrian people are very interested in an objective investigation. Therefore, Damascus and opposing parties should provide all assistance and secure access for the speedy visit of the OPCW inspectors to the incident sites to collect facts on the ground.Finally, we again call for the preservation and strengthening of the unity of the Council to reach a consensus-based decision to preserve peace and stability in the world.Mr. Alotaibi (Kuwait) (spoke in Arabic): At the outset, we thank you, Mr. President, for the prompt convening of today's meeting. We were one of the countries that requested it.We also thank Mr. Staffan de Mistura, the Special Envoy of the Secretary-General for Syria, and Mr. Thomas Markram, Deputy to the High Representative for Disarmament Affairs, for their briefings.Since the beginning of this year, the State of Kuwait has occupied the Arab seat in the Security Council. One of our most important priorities, which we made clear before we joined it, is to defend and uphold Arab issues, voice the concerns about them and work to find peaceful solutions. We deeply deplore the lack of any real and genuine progress on any of these issues, in particular that of the Syrian crisis, which regrettably continues to deteriorate. Security Council resolutions on such issues are not implemented. The Council is responsible for the maintenance of international peace and security but is unable to shoulder that responsibility. It is divided as it faces those dangers and threats. Therefore the crises continue, along with the suffering of the people in the region.The State of Kuwait condemns in the strongest terms the heinous rocket and barrel bomb attacks against residential areas under siege in eastern Ghouta, including the latest attack on Douma, on 7 April. Five days ago we marked the first anniversary of the Khan Shaykhun incident (see S/PV.8221), in which chemical weapons were used, as confirmed by the Organization for the Prohibition of Chemical Weapons-United Nations Joint Investigative Mechanism. It also identified who used them.Two days ago, scores of civilians, including children and women, were killed or injured in attacks and air strikes against Douma. Many cases of asphyxiation were recorded. Several international reports confirmed that the crimes committed in both incidents were tantamount to crimes against humanity and war crimes, which reminds us once again of the request we all made in the Chamber for the establishment of a new mechanism to determine whether or not and by whom chemical weapons had been used, and to hold the perpetrators in Syria accountable. The mechanism must guarantee impartial, transparent and professional investigations in all chemical attacks in Syria in order to end impunity. For the past five years — specifically, since August 2013 — the perpetrators of chemical attacks in Syria have enjoyed impunity. They have not been punished, even when we witnessed the very first crime of the use of chemical weapons in eastern Ghouta.We do not want to mark the first anniversary of the attack in Douma without a conviction. We call for the Council to establish an accountability mechanism that would determine the perpetrators of the chemical-weapons crimes anywhere in Syria — be they a Government, entity, group or individual — so that they can be held accountable in accordance with the provisions of resolution 2118 (2013). The Council must shoulder its responsibility with regard to the maintenance of international peace and security. The use of chemical weapons in Syria is a genuine threat to the non-proliferation regime. The continued attacks against civilians in medical facilities and residential areas, through air strikes or artillery, are all flagrant violations of the international community's will and relevant Security Council resolutions, in particular resolution 2401 (2018), which demanded a 30-day ceasefire, at the very least, without delay.09/04/2018 Threats to international peace and security S/PV.8225 18-09955 21/26 The provisions of resolution 2118 (2013) are clear and definite. They call for accountability for the use of chemical weapons in Syria, which is a flagrant violation of international humanitarian law and human rights law. However, current events are a clear violation of the provisions of the resolution. As members of the Council, we cannot accept the status quo, which is the continued use of chemical weapons in Syria. It is another disappointment for the Syrian people, whose suffering caused by the use of such weapons in different parts of Syria we have been unable to end.The Council has a collective responsibility. The suffering Syrian people are sick and tired of tuning into meetings of the Council without seeing tangible results on the ground. At several junctures throughout this bloody conflict the Council has been able to find common ground to end the crisis. However, we must overcome our political differences and establish a new accountability mechanism in Syria that is professional, credible and impartial. Such elements are available in the draft resolution under discussion, which has been put forward by the United States. It includes updates on the incident in Douma. We call on all members of the Council to build on that draft as a good basis for negotiations on a future mechanism.We continue to seek a political solution as the only means to end the crisis in all its dimensions. The political road map is clear and agreed, based on the 2012 Geneva communiqué (S/2012/522, annex) and on resolution 2254 (2015). It seeks to maintain the unity, independence and sovereignty of Syria and meet the legitimate aspirations and ambitions of the Syrian people towards living a dignified life.Mr. Inchauste Jordán (Plurinational State of Bolivia) (spoke in Spanish): We thank Mr. Staffan de Mistura, Special Envoy of the Secretary-General for Syria, and Mr. Thomas Markram, Deputy to the High Representative for Disarmament Affairs, for their briefings.We are deeply concerned about the reported use of chemical weapons in the city of Douma. Bolivia reiterates its condemnation of the use of chemical agents as weapons and considers it to be an unjustifiable criminal act. There can be no justification for their use, regardless of the circumstances or by whom they are used, as it constitutes a serious violation of international law and a grave threat to international peace and security.We believe that the Organization for the Prohibition of Chemical Weapons Fact-finding Mission, in line with its mandate, should verify in the most objective, methodological and technical manner the reported use of chemical weapons. Should their use be verified, it must be investigated in an effective and transparent manner in order to ensure that the perpetrators can be identified and tried by the appropriate bodies so as to prevent impunity. We therefore need an independent, impartial and representative entity that will conduct a comprehensive, credible and conclusive investigation. Our major challenge is to ensure that we do not politicize or exploit the Security Council for our own purposes. We regret that so far there have been obstacles to the full implementation of resolution 2401 (2018), and we call on all the parties involved to make every effort to effectively implement it throughout Syrian territory. We emphatically reject the ongoing bombardments and indiscriminate attacks, especially those on civilian infrastructure such as health facilities, and we deplore all military activity in residential areas. Such actions only cause more displacements, injuries and deaths. We call on all the parties to respect international humanitarian law and human rights law, including authorizing humanitarian access throughout Syria and to all persons in need, in accordance with the relevant Security Council resolutions.We reiterate that there can be no military solution to the Syrian conflict and that the only option is an inclusive, negotiated and coordinated political process, led by the Syrian people for the Syrian people, aimed at enabling sustainable peace to be achieved in the area without any foreign pressure, as provided for in resolution 2254 (2015). We also reject any attempt at fragmentation or sectarianism in Syria.Bolivia wants to once again make clear its firm rejection of the use of force or the threat of use of force. We also reject unilateral actions, which are illegal and contrary to the principles of the Charter of the United Nations, violate the sovereignty and territorial integrity of the Syrian Arab Republic, and undermine any effort to achieve a political solution.Lastly, with regard to the events in the city of Salisbury, we reiterate the importance of conducting an independent, transparent and depoliticized investigation in accordance with current rules and regulations of international law, especially as set forth by the Organization for the Prohibition of Chemical Weapons. S/PV.8225 Threats to international peace and security 09/04/2018 22/26 18-09955 We believe that cooperation among the relevant parties will be essential to making progress through the appropriate diplomatic channels in solving the crime and strengthening the non-proliferation regime.The President (spoke in Spanish): I shall now make a statement in my national capacity.We thank Mr. De Mistura and Mr. Markram for their briefings. Peru is deeply concerned about the new reports of the use of chemical weapons against civilians in Syria, including minors, in the town of Douma. In that regard, we note the urgent need for a thorough investigation. Peru condemns any use of chemical weapons wherever it may take place. We want to point out that it is a heinous crime, a threat to the maintenance of international peace and security and a violation both of the non-proliferation regime and international humanitarian law.In the short term, we believe that the Syrian Government and all parties to the conflict, including countries with influence on the ground, should abide by and implement the humanitarian ceasefire that the Council provided for in resolution 2401 (2018), and to cooperate with the Fact-finding Mission in the Syrian Arab Republic of the Organization for the Prohibition of Chemical Weapons. To that end, we once again reiterate the importance of establishing an independent and impartial accountability mechanism. The investigations should result in the prosecution and punishment of those responsible. The members of the Council cannot permit impunity.We must also remember that any response to the conflict in Syria and the atrocities committed there must be conducted in accordance with the Charter of the United Nations. Peru opposes any use or threat of use of force contrary to international law. We reiterate our deep concern about the serious consequences that the ongoing atrocities in the Syrian conflict may have for the stability of the Middle East and for an international order based on minimum standards of humanity and coexistence. In that regard, I would like to conclude by calling on the members of the Council to restore a sense of unity and the common good to our discharge of our high responsibilities. In the case of Syria, that means implementing the ceasefire and ensuring the effective protection of civilians, investigating and punishing atrocity crimes and resuming a serious process of political dialogue, based on resolution 2254 (2015) and the Geneva communiqué (S/2012/522, annex), with a view to promoting the sustainable peace that the Syrian people so badly need.I now resume my functions as President of the Council.The representative of the Russian Federation has asked for the floor to make a further statement.Mr. Nebenzia (Russian Federation) (spoke in Russian): Like my Dutch colleague and friend, I too have three points to make.I would first like to respectfully request of my colleague Mrs. Nikki Haley, Permanent Representative of the United States, that from now on she refrain from labelling any legitimate Governments as "regimes". Right now I am referring specifically to Russia. I have made that request once before, but Ambassador Haley was not present, and I asked for it to be conveyed to her by her colleagues. Now I am requesting it personally. If it happens again, I will interrupt the meeting on a point of order.Secondly, the Permanent Representative of the United Kingdom said that Syria is different from Salisbury in that there no investigation is being conducted in Syria, while one is under way in Salisbury. We would very much like to know more about the details of that investigation and would be grateful if she could communicate them to us. However, for the time being we know nothing other than that all of a sudden the alleged victims of a chemical warfare agent, thankfully, turn out to be alive and, apparently, almost completely well. However, nobody has seen them yet, and we fear for the condition of those important witnesses. At the moment, we have learned from newspaper reports, the Central Intelligence Agency (CIA) has offered to shelter the Skripals in the United States under new identities. The CIA's participation in this is itself revealing. But it also means that we may never see these people, who are key witnesses to what happened, again.What else do we know? We know about the speedy euthanization of the Skripals' pets and the cremation of the cat and dead guinea pigs. We are also aware of the intention to demolish their house and the restaurant and pub they visited. We also know that Yulia Skripal's sister, Viktoria, who wanted to see her, was denied a British visa. Why? That is all we know. I repeat that we would very much like to learn more details about what is going on, and we would be grateful to our British 09/04/2018 Threats to international peace and security S/PV.8225 18-09955 23/26 colleagues if they could keep us regularly informed during the investigation.Thirdly, and lastly, we did not meet here today to address the situation in Douma. The agenda item is entitled "Threats to international peace and security", although, needless to say, it was the situation regarding Douma and the so-called chemical attack that prompted the meeting. In today's meeting, as Mr. De Mistura mentioned and the Secretary-General has previously discussed, we are moving towards a dangerous area. Unfortunately, the people who are playing these dangerous games and spewing irresponsible threats do not understand that. Today we heard once again what we have already heard many times. None of our Western colleagues want to hear or listen to objective information. None of them has expressed any doubts about the one and only version that has been given of what transpired. So what is the point of an investigation? Why bother? They have accused Damascus of a chemical-weapon attack not just before any investigation has been carried out but before the incident was even known about.They are not convinced by the information that we have provided today. They simply do not want to listen. We have already said that there are no witnesses to the use of chemical weapons at all. There are no traces of chemicals, no bodies, no injuries, no poisoning victims. Nobody went to the hospital. The footage was all clearly staged by the White Helmets. We demand that the Organization for the Prohibition of Chemical Weapons (OPCW) mission immediately visit Douma and the area of the alleged chemical weapons attack, interview the residents and medical staff and and collect soil samples. My British colleague said that only an investigation can establish who is to blame. We agree, except that did not stop her from blaming the so-called Syrian regime. Those two things do not really jibe. We insist that the OPCW mission visit Douma immediately. The Syrian authorities and Russian troops are ready to provide the necessary conditions for this to take place.Lastly, we too wish there were an independent investigative mechanism. I would like to remind the Council that our draft resolution, which includes a proposal for establishing such a mechanism, is in blue, and we are ready to adopt it today, if necessary.The President (spoke in Spanish): The representative of the United Kingdom has asked for the floor to make a further statement.Ms. Pierce (United Kingdom): I apologize for taking the floor again, but I want to clarify something. The Russian Ambassador's English is far too good for him not to have understood me when I spoke on 5 April (see S/PV.8224). The investigation of the Salisbury incident that is under way is an independent police investigation, and the United Kingdom will be very pleased to update the Council as and when we have something to say.If I may, I would like to add one more thing. The other difference between Salisbury and Syria is that the United Kingdom is a party to the Chemical Weapons Convention in good standing, and the Syrian Government has not complied with its obligations as certified by the Organization for the Prohibition of Chemical Weapons.The President (spoke in Spanish): I now give the floor to the representative of the Syrian Arab Republic.Mr. Ja'afari (Syrian Arab Republic) (spoke in Arabic): The American representative said that Russia spends its resources to support what she calls the regime in Syria. My question to her is: What does the United States spend its resources on in Syria? Does it spend its resources providing milk and medicine to Syrian children, or on providing weapons and munitions to its terrorist groups, which have committed the most heinous crimes against the Syrian people? Or is it spending resources on the its alliance's aircraft, which have wreaked destruction in many places in Syria, particularly in the city of Raqqa? What about the continuous threats that are made against my country at nearly every meeting of the Security Council on this issue? Does she acknowledge that her Administration has no respect for the Security Council, this international Organization or the principles of international law?Let us test the credibility of what my colleague the United States Ambassador said. I ask members to note that I do not refer to the American Administration as the "American regime" because that would be legally shameful in this Chamber. Let us test the credibility of what my colleague the American Ambassador said when she asked the Security Council to act in order to achieve justice in Syria. Well, my test is to request that her Administration and her country allow the disclosure of the results of the United Nations Special Commission that investigated the presence of weapons of mass destruction in Iraq for 18 years. The Commission was headed for some time by a Swede, Mr. Hans Blix.S/PV.8225 Threats to international peace and security 09/04/2018 24/26 18-09955 As Council members know, after 18 years of investigation the Commission found no chemical weapons in Iraq. Nor did they find Coca-Cola or Pepsi Cola. Nevertheless, in a semi-confidential meeting towards the end of 2008, the Security Council decided to end the Commission's work and bury its archives in iron boxes. I repeat — it decided to bury its archives in iron boxes. Only the Secretary-General knows the code that opens those boxes. There was one condition, which was that the boxes could not be opened for 60 years. What is so shameful in those archives? Why did they have to be buried in boxes that cannot be opened for 60 years? That question is directed to the American Ambassador.The Government of my country condemns in the strongest terms the ruthless Israeli aggression that took place this morning on the T-4 airbase in Homs governorate, in which a number of civilians were killed and injured. It was a flagrant violation of Security Council resolution 350 (1974) and of various Security Council resolutions on counter-terrorism, and would not have occurred were it not for the American Administration's unlimited and consistent support for Israel. The American Administration guarantees Israel immunity so that it will not be held accountable in the Council. That allows Israel to continue to practice State terrorism and to threaten peace and security in the region and beyond. Of course, Western countries did not even mention the Israeli aggression in their statements today, which shows that the Governments of their countries are complicit in it and are covering for it. Unfortunately, my dear friend Mr. De Mistura did not hear Netanyahu say this morning that it was Israel that launched the attack. That is why I was surprised when he said that the United Nations has not been able to verify the identity of its perpetrators. If Netanyahu himself says that he launched this aggression, why does Mr. De Mistura not refer to Israel as the aggressor?This Israeli aggression is an indirect response to the successes of the Syrian Arab Army in expelling armed terrorist groups from the suburbs of Damascus, its rural area and other Syrian territory. Those groups have been killing the Syrian people, kidnapping civilians, detaining them and using them as human shields. They targeted Damascus alone with 3,000 missiles over the course of three months, killing 155 martyrs and injuring 865 civilians, most of them women and children. The Syrian Government underscores that the repeated Israeli aggression did not and will not protect Israeli agents operating within terrorist groups, nor will it divert the attention of the Syrian Army from its decisive military achievements in combating terrorism.The American anti-racism activist Martin Luther King Jr. said that "a lie is like a snowball: the further you roll it the bigger it becomes". It would seem that this wise saying holds true at any time and at any place. The Governments of some countries lie incessantly. Fortunately, though, they have not quite perfected the details of their web of lies, much like the famous Baron Munchausen of German literature. How many roosters truly believe that sunrise is the result of crowing?Some permanent members have become professional liars, and that in itself is a weapon of mass destruction. Through their lies, Palestine was stolen. The lies of these countries fuelled the war in the Korean peninsula. Through their lies, they invaded Viet Nam. Through their lies, they invaded Grenada. Through their lies, they destroyed Yugoslavia. Through their lies, they occupied Iraq. Through their lies, they destroyed Libya. Through their lies, they created takfiri terrorist groups, such as Al-Qaida, the Taliban, Da'esh, Al-Nusra Front, Jaysh Al-Islam — and the list goes on and on. Through their lies, the same countries are trying to defeat Syria and prepare the ground for an assault today.It is worth noting that the today's negative statement of the United States representative is in absolute contradiction with a statement made by United States Secretary of Defence General Mattis in an interview with Newsweek two days ago with journalist Ian Wilkie. Mr. Wilkie used the following title for the interview: "Now Mattis Admits There Was No Evidence Assad Used Poison Gas on His People." That was said by the American Defence Secretary, not the Syrian Defence Minister. What a harmonious Administration!On 10 December 2012, some six years ago, we submitted a formal letter to the Council (S/2012/917), before the operators of terrorist groups claimed, for the first time, that sarin gas was used in Khan Al-Assal on 19 March 2013. We informed the Council that the United States, the United Kingdom and France had launched a campaign of allegations claiming that the Syrian Government may have used chemical weapons. Back then, we warned that such allegations would encourage Governments that sponsor terrorists to provide chemical weapons to armed terrorist groups and then claim that the Syrian Government had used such weapons. What happened in the past few years 09/04/2018 Threats to international peace and security S/PV.8225 18-09955 25/26 in Khan Al-Assal, Ghouta, Kafr Zita, Lataminah, Tal Minis, Khan Shaykhun and many other villages and towns in Syria confirms unequivocally what we had warned of five to six years ago, and during all these six years.The United States, the United Kingdom and France have been extremely eager to hold one meeting after another based on fabricated information. That is part of the deep crisis that we are witnessing. They want to involve other Council members in that crisis. Since 2013, those three countries have created a big elephant of lies and deceit in the Security Council. That elephant is living in the Chamber today and is stomping on the credibility of the Council with its huge feet. It seems that these countries called for the holding of today's meeting to support terrorists and to obstruct the agreement reached about Douma.However, those countries were a bit late because the terrorists had hoped this meeting would be held before they were forced to reach an agreement with the Syrian State to leave their strongholds and hand over their weapons. These countries were late in fulfilling their promises to the terrorists. It would have been better not to repeat their nasty story and not to rely on false reports from mercenaries — so-called White Helmets, founded by British intelligence officer James Le Mesurier. He is British, but his name is French. What proves that these countries were lying is that the residents of Douma left the city safely — 170,000 civilians left the city safely. Those terrorists chose to reach an agreement with the Syrian State as a last resort for them and their families. Many buses are transferring them and their families to the city of Jarabulus, after they refused to settle their affairs and chose to go there. However, the vast majority of residents chose to stay in their houses and resort to the Syrian State.It has been proven that the allegations of certain States, including some States members of the Council, on the deteriorating humanitarian situation in eastern Ghouta were lies, just as we saw in Aleppo and other places. As it turned out, terrorist group warehouses were full of medication and food, monopolized by their elements who sold some of those items to civilians at exorbitant prices. At this point, I must ask: Did the three countries call for this meeting in order to legitimize the Israeli aggression that occurred this morning or to impede the implementation of the agreement reached with their terrorist tools?In this context, I must thank the delegation of the Russian Federation for recognizing the true nature of what these countries were preparing for, and aptly called for the meeting to be held under the agenda item "Threats to international peace and security". That is the correct agenda item.We have conveyed to the Security Council, the Organization for the Prohibition of Chemical Weapons (OPCW) and what used to be called the Joint Investigative Mechanism 145 letters, the latest on 1 April 2018. I thank the Permanent Representative of Kazakhstan for pointing out that the Council members do not read and that the Council does not respond to those letters. The letters contain accurate information. They indicate that armed terrorist groups possess toxic chemical substances, notably chlorine and sarin. We have warned time and again that those groups were preparing to commit crimes involving chemical weapons against innocent Syrians, and were working with the White Helmets to fabricate evidence, photograph locations and film Hollywood-like scenes with everything staged in order to blame the Syrian Government and influence public opinion against Syria and its allies. Those countries call for the holding of meetings such as this in order to create a pretext that would justify any military aggression against Syria.It seems that the directors of that terrorist scene failed to perfect their web of lies. We note that in each of those theatrical scenes on the alleged use of chemical weapons by the Syrian Government, the substances never seem to affect the armed elements, but only women and children. These chemical weapons seem to discriminate against women and children and do not affect armed men. It suffices to wash away these chemicals with water in front of the camera. Water appears to heal everything. Rescue workers never need to wear protective masks. The Syrian Arab Army does not use these substances because it does not possess them to begin with. The Americans destroyed them on the vessel MV Cape Ray in the Mediterranean. So, the Syrian Arab Army uses these substances, which it does not possess, only when it is making military progress. How strange that is!This vehement campaign lacks the minimum standards of credibility. It relies on fabricated information on social media by elements of armed terrorist groups and their operators. I announce from this table that the Syrian Government is fully prepared to facilitate an OPCW fact-finding mission to Douma, S/PV.8225 Threats to international peace and security 09/04/2018 26/26 18-09955 where the incident is alleged to have occurred, as soon as possible to investigate and verify these allegations. We endorse the Russian proposal to hear a briefing on the fact-finding mission's report after its visit to Al-Raqqa. We welcome this visit as soon as possible.I hope that this offer does not suffer the same fate as the first offer we made to former Secretary-General Ban Ki-moon after the Khan Al-Assal incident of chemical substance use in March 2013. At that time, we asked the Secretary-General to provide assistance to the Syrian Government in immediately investigating what happened in the town of Khan Al-Assal. It took the United Nations four months and 11 days to send Mr. Sellström, as Council members recall. Yes, it took the United Nations four months and 11 days. That is how the United Nations interpreted the term "immediately" — four months and 11 days. When Mr. Sellström arrived in Damascus to investigate what had happened in Khan Al-Assal, terrorists in Ghouta were instructed to use chemical substances again. Mr. Sellström therefore left Khan Al-Assal and moved to Ghouta. Council members should be aware that since March 2013, investigations into what happened in Khan Al-Assal have not taken place.Today, we directly accuse Washington, D.C., Paris, London, Riyadh, Doha and Ankara of providing Da'esh, Al-Nusra Front, Jaysh Al-Islam, Faylaq Al-Rahman and scores of other affiliated terrorist groups with toxic chemical substances to be used against Syrian civilians. We accuse them of inciting those massacres and of fabricating evidence to falsely blame the Syrian Government for the use of toxic chemical substances in order to prepare the ground for an aggression against my country, just as the United States and the United Kingdom did in Iraq in 2003.Yes, we say to the United States, the United Kingdom and France that, in Syria and Iraq, we eliminated the vast majority of Da'esh elements within three years — not within 30 years, as President Obama has said. Those States have plans to justify undermining the stability of the region. Yes, we say to Saudi Arabia today that we cut off its terrorist tentacles — the gangs of Jaysh Al-Islam — in eastern Ghouta. Yes, we say to Qatar and Turkey that we cut off their terrorist tentacles — the gangs of the Al-Nusra Front and Faylaq al-Rahman — in eastern Ghouta. I say to all those who sent moderate, armed, genetically modified opposition fighters to our land that we eliminated these toxic exports. We call on those exporters to bear the consequences of their actions, as some surviving elements will return to their original countries.The issue is very simple. Let me just say that on our borders with Turkey and in the separation zone in the Golan with Israel, there are tens of thousands of good, moderate terrorists with their light weapons, long beards, black banners and white helmets. Whoever wants to adopt them should submit an application to their operators. They are ready to go to Europe and the West as refugees.In conclusion, the Syrian Arab Republic stresses once again that it does not possess chemical weapons of any type, including chlorine. We condemn anew the use of chemical weapons at anytime, anywhere and in any circumstances. My country, Syria, reaffirms its readiness to cooperate fully with the OPCW in fulfilling its commitments under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction.The Russian Centre for Reconciliation in Syria announced today that Russian military experts have carried out investigations in Douma and confirmed that they have found no sign of the use of chemical weapons there. While treating the sick in the hospitals of Douma, Russian doctors have proven that these patients have not been subjected to any chemical substance. What we were seeing there was nothing but Hollywood-style scenes.The President (spoke in Spanish): There are no more names inscribed on the list of speakers. I now invite Council members to informal consultations to continue our discussion on the subject.The meeting rose at 5.45 p.m.
In: Spajić-Vrkaš, Vedrana and Ilišin, Vlasta (2005) Youth in Croatia. Faculty of Humanites and Social Sciences University of Zagreb, Research and Training Centre for Human Rights and Democratic Citizenship, Zagreb. ISBN 953-175-242-7
The results of the research described above were obtained on a representative sample of Croatian youth from 15-24 years of age in the second half of 2002. The research was carried on in the context of a regional research project on youth under the auspices of the PRONI institute from Sweden. The main objective of the project was to provide empirical data on life, needs, attitudes and aspirations of young people as a means of assisting the process of youth policy review. The process was initiated by the Council of Europe with a view to strengthen youth participation in democratic changes of the countries in the region. This report is the most recent one in a long and well-established tradition of studying youth issues in Croatia. Therefore, it often includes comments and references to earlier research findings for the purpose of determining the changes in youth trends, as well as for the purpose of validity testing of our data. On the other side, the data presented in this report may, together with earlier studies, be used as a reference point in the process of reviewing the National Programme of Action for Youth, as well as in developing a comprehensive, efficient and youth-centred national youth policy. The core of the findings is probably that the criteria for determining the upper age-level of youth period should be reviewed and extended to include those who are 30 years of age. The fact that more and more young people remain longer in education, that they decide to marry and have children later in their life, that they consider changing their job and probably, if possible, enroll in re-training programmes for that purpose, as well as that they desire to reach full independence by relying on their own abilities and endeavour, speaks in favour of the need to redesign our traditional approaches to youth upper age-limits. Other findings that help us understand some important dimensions and trends of contemporary life of Croatian youth are summarised below. The most basic socio-demographic data demonstrate that very few young people from our research who are 24 and below are married and few think of having children before the age of 25. About half of them live in a two-child nuclear family in a house/apartment of their own that, averagely, comprises more than two rooms. Very few have an opportunity to live in an apartment of their own, although four fifths express desire to live separately. The aspiration towards such independence is mainly motivated by socio-economic and maturity factors: it is a prominent feature of young people who are university students, whose fathers have more education, and who are over 20. Since the chances of having their own apartment in a reasonable period of time are rather minimal, not only due to the difficulties in finding a job but due to extremely high prices in the housing sector, such prolonged co-habitation and dependency on parents and/or relatives is a frequent cause of young people' s frustrations and is probably related to, together with other factors such as poverty and limited capacity of pre-school child-care institutions, a constant decrease in the average number of children per family. On average, young people are satisfied with their present life and expect no change in the future. Despite a high unemployment rate especially among them, approximately three quarters assess their own present and future life, the life of their closest friends and their peers in Western Europe as good or excellent. Their optimism is somewhat even higher than it was found in the end of 1990s. When asked to imagine their life in 10 years ahead majority see it as a success, either in general terms or in specific terms of their professional advancement or family happiness. Dissatisfaction with present life grows with age and with opportunities to enter the world of work and become fully independent, since the young between 20-24 years of age, both employed and unemployed are more inclined to perceive their present life as unsatisfactory. Interestingly enough, the age does not have influence on the assessment of future, which means, in the context of this research, that young people in general, irrespective of age, equally believe that future brings better opportunities. In reference to their professional and educational aspirations, almost two thirds of the young want to continue education, while one fourth of them think of finding a job. The differences are mainly determined by residential, social, and age factors. Thus, a primary aspiration of pupils and university students, as well as of those who live in Zagreb or in families of higher socio-economic status, is to continue their education. Contrary to them, rural young people, those who live in low-income families, as well as those who are over 20 are more inclined to seek for a job or to continuing the job they currently hold. Over two fifths of young people plan to leave their present place of residence so as to be able to meet their professional and educational aspirations. Almost half of this group prefer to move somewhere inside the country, most often to a bigger city which is perceived as the place that offers better opportunities for career and social positioning, while other half think of going abroad. The percentage of the young planning to leave the country for good rose from 11% in 1986 and 18% in 1999 to 19% in 2002. Their migratory plans are connected to their residential status, i.e. to the conditions in the place or region where the young actually live. Young people from Zagreb are less willing to go somewhere else; rural youth and youth from Eastern Croatia wish to migrate to another place inside Croatia more than any other group, while all groups (except youth from Middle and Northern Croatia who want that somewhat more than others) equally (do not) want to settle abroad. Data on a desired place for living are quite similar to those on migratory plans. The number of youth preferring to remain in their present place of residence and the number of those having no migratory plans are almost identical. When compared to earlier studies, we see an increase in the number of young people preferring to live in large cities. In addition, almost one quarter express their preference for living abroad, majority of which opt for a Western European country. The fact that almost one fifth of all has plans and almost one fourth prefer to live abroad indicate the existence of two closely related but, nevertheless, separate dimensions of youth migratory thinking. While the preference for other counties may mean only an inclination, having plans on migrating abroad most certainly includes active search for such a possibility. In light of our findings it means that at least one fifth of Croatian youth not only dream of leaving the country but actually make plans how to make it a reality. Employed youth is far from being satisfied with their jobs. Every second confirms his or her disappointment. Approximately one fifth of both them and those that are still in the process of education desire jobs in the service or business sector; little less in number think of entering more creative and/or dynamic professions or professions related to education, health care and social services. This means that their professional aspirations are somehow higher that those of their parents, majority of whom have secondary school completed and are mainly employed as industrial, service and shop workers or clerks. Nevertheless, if their choices are compared to the structure of the employed force in Croatia and if we add to it a rapidly changing labour market in all transitional countries, their professional preferences seem rather realistic. This is probably why almost half of the young hold that their chances for getting a preferred job are high or very high. The data also confirm that their estimations are related to age and socio-professional status since pessimism increases with age (except for the university students) and is tightly linked to unemployment status. In any case, optimism prevails among the young and it, as well, may be linked to their strong motivation to succeed in life by relying on their own abilities despite unfavourable social and economic context in which they live. It is also possible, at least partly, that self-assurance of young people comes from positive educational experience. Over half of the young state they feel happy and satisfied when thinking of their schools or universities. However, it is not clear whether their satisfaction should be understood in terms of acquiring subject-matter knowledge and skills or in terms of developing certain personal qualities through participating in school life. Earlier studies on youth have proven that the young have complex relations towards education which are the outcomes of both institutional tasks and personal expectations. Moreover, our results document that feelings about school are correlated with sex and socio-professional status.Girls and university students, in general, are more satisfied with their education, while the unemployed are among the least satisfied. It is also possible that positive feelings about education also relate to school grades. Earlier studies have shown that female pupils receive somewhat better average scores than their male schoolmates, which may explain why girls have more positive feelings about school than boys. • On the other hand, it is clear that school is by no means a source of information about the events in the country and the world for young people since a great majority of them actually receive news through ordinary media (TV, radio, newspapers and magazines). Moreover, Internet has become an important source of information about the country and the world for approximately one fifth and over one fourth of them, respectively. This shift has to do with the fact that over two thirds of the young from our study are computer users and that more than half of them already have computer at home. It is, therefore, obvious that new information and communication technologies are becoming part and parcel of young people' s daily life what needs to be taken into account when policies and programmes of action for promoting their wellbeing are designed, especially in reference to underprivileged youth. Namely, our research confirms that the use of computer correlates with residence (urban environment), family background (parents with higher education and higher socio-economic status), age, and education factors (younger population and students). Nevertheless, young people are not enslaved by new information communication technologies. Most of them spend their free time associating with friends, engaging in sport activities, going to disco-clubs, watching TV or performing outdoor activities, while far less enjoy music, reading books or art exhibitions. In addition, many young people have no daily obligations, except in relation to school and spend their free time idling or sleeping. This means that the majority of youth either do nothing or engage almost solely in the so called passive and/or receptive activities for self-entertainment. Despite that fact, almost three fourths of them claim they are more or less satisfied with how they spend their free time what brings us to the conclusion that the main problem is not the quality of their free time activities but their lack of awareness that the quality itself is being at stake. However, it should be pointed out that their opinions are related to age and socio-professional status. Young people who belong to an upper age-cohort and who are unemployed exhibit far more dissatisfaction with their free time than the youngest. Overpronounced dissatisfaction among the unemployed seems to be an indicator of an overall discontent with one' s own life. For the unemployed, free time becomes a burden not only because they cannot perceive it in terms of an offduty activity but because they can not afford it financially. In reference to the use of psychoactive substances, it seems that tobacco smoking and alcohol consumption are the most widespread types of risk behaviour among the youth. Approximately one third of them smoke cigarettes or drink alcohol daily or weekly ; three fifths are non-smokers and one fifth never drink alcohol. Smoking increases with age and employment. Alcohol, on the other hand, is solely related to gender in a way that young women drink less than their male peers. Such trend may be the sign of a subtle male initiation rite de passage that has outlived its traditional context. Since the data on smoking are more favourable than those from earlier research it may be presumed that an anti-smoking media campaign, which has been going on rather aggressively throughout the country, has brought positive effect, whereas non-existence of similar anti-alcohol campaign may be the sign of a relatively high level of a social tolerance for alcohol consumption. As far as drug are concerned, Croatian youth is more inclined to the so-called 'soft' drugs. Over one third of the young have tried or used twice or more only marijuana ; hashish and ecstasy is mentioned by less than one tenth of them, whereas other 'hard' drugs have been only tried or are consumed by 1-3% of them. The consumption of marijuana is associated with a recognizable youth group, what confirms earlier studies. A group of highest risk is made of young people between 20 and 24, male, university students, the residents of Zagreb, Istria, Croatian Littoral and Dalmatia, and whose fathers have higher education level. A great majority of young people tend to see themselves in rather positive terms: they are self-assured, think they have a good number of personal qualities; believe in their capabilities when compared to other people and have no doubts that most people they know like them. This may be related to feeling of security they experience in the context of their immediate environment since a great majority of the young claim that they can almost always get warmth, care and support from their parents and support from their friends. On the other hand, only every second of them feel the same about their teachers. It seems that most Croatian families are characterised by an exercise of indirect and flexible control over their children in the course of their growing up. In over half of the cases parents or relatives hardly ever determine rules for their children' s behaviour although they do control the choice of their friends, as well as their evening outdoor activities. Moreover, young people claim that their parents are especially keen of their school progress since they almost regularly keep records on their children school situation. • When asked about the most serious problems of their generation, the majority of young people in Croatia mention socially unacceptable behaviour, such as drug abuse, alcohol consumption and violence, unemployment, low standard of living, the lack of life chances and mass migration of young experts abroad. Since unemployment was repeatedly displayed as the major problem of young generation in earlier studies, their present preoccupation with socially unacceptable behaviour may be related either to the sample structure (majority of them are students) or to a general social climate which is, due to predominance of media campaigns mainly geared against smoking and drug abuse (but not against alcohol consumption, except for safe driving), inducing an over-sensitisation to behavioural issues causing, on the other side, the lack of awareness of existentially important issues of young people that are of an utmost importance for their independence and self-satisfaction. Young people are inclined to attribute responsibility for solving these problems primarily to themselves, their parents and public authorities, i.e. firstly to those actors that function at the private level (personal and parents' responsibility), than to public sector (government, education system) and, finally, to the civil society (nongovernmental organizations, youth associations and religious institutions). This means that youth principally count on their personal strength and family support, as well as that they have explicit expectations of state institutions, whereas they think of receiving the assistance from the civil sector only exceptionally. Notwithstanding, since half of the young studied have failed to mention personal responsibility, it clearly demonstrates that both strong sense of self-responsibility and its avoidance stand side by side as two features of Croatian youth. Among the measures that Croatian youth see as the most efficient for solving their problems two are underlined: equal education and career opportunities, on the one hand, and strict punishment of drug dealers and restrictions on alcohol selling, on the other hand. Since the majority of youth consider socially unacceptable behaviour, including drug-addiction, to be the gravest problem of their generation, it is understandable that they see the way out in strict punishing of drug dealers, (rather than consumers), what is still inadequately determined by Croatian law. Other most frequently mentioned measure has to do with the youth quest for developing society of equal chances which is in line with their perception of unemployment as the second most frequently mentioned youth problem in Croatia. Although lesser in number, the young refer to their under-representation and require their participation in decision-making to be ensured at all levels. They also require better adapting of secondary and higher education to the needs of contemporary life, as well as better quality of education, in general; some speak in favour of establishing a ministry for youth affairs, developing national strategy for promoting youth well-being, setting up of funds for youth initiatives, better legal regulations of the places of youth entertainment, i.e., the issues majority of which have already been integrated into the recently adopted National Programme of Action for Youth that is seen as an initial step in developing a national youth policy. The values that the majority of young people hold personally important or very important are healthy environment, peace in the world, gender equality, and rights and freedoms of the individual. Second group of the most personally preferable values encompasses solidarity among people, social justice, economic security, respect for differences, rule of law, inalienability of property, civil society, free market, freedom of the media, protection of minorities, religion and democratic system. The bottom of the scale is occupied by social power, national sentiment, European integration, and high economic standard. The review of their preferences demonstrates a relatively respectable level of democratic potential of young people in Croatia. They are more oriented towards comfortable life based on key principles of democracy and civil society, which is in correspondence with earlier research that have documented the shift to a more individualistic value system, including youth' s preference for independence and their focus on self-realisation and material security. However, their relative devaluation of the importance of European integration may be, on the one hand, the sign of either their dissatisfaction with, or their criticism of the way new European order has been established, partly due to the fact that Croatia has been somehow unjustly left behind. On the other hand it may be the consequence of their perceiving the integration merely in terms of a political objective of which very little they experience in everyday life. This is not to say that they devaluate the importance of European integration for Croatia as such. It would be more accurate to say that Croatian young people are becoming more and more pragmatic in their social positioning of which many think not only in the context of Croatia but in the context of Europe and the world. Having in mind a long tradition of Croatian youth emigration to Europe and the fact that almost 20% of contemporary youth plan to leave the country for good (mostly for a European country), their relation toward European integration may mean that they see it only as an added value to an already established youth migratory pattern in Croatia. of young people about the determinants of upward social mobility in Croatia reflect their accurate perception of social anomalies that, if left unquestioned, threaten to deepen social inequalities and diminish democratic potential of the society. Namely, a great majority of the young see as important or highly important for social promotion in Croatia a combination of the following variables: adaptive behaviour, personal endeavour, knowledge and skills, and connections and acquaintances. University degree, money and wealth, and the obedience and submissiveness to the 'boss', are identified less but, nevertheless, reflect a combination of appropriate and inappropriate means of social promotion. Somehow more troublesome is the finding that one third to one half of the young consider belonging to certain nation or political party, as well as bribing and corruption as important determinants of one' s success in Croatia. These data present an index of youth's perception of Croatian society as the society of unequal chances since it, by allowing nondemocratic practice to play an important role in social promotion, actually discriminates against those who in this matter believe in, and rely on their own abilities and efforts. When compared to earlier studies, it is highly troublesome that almost the same factors of social promotion are estimated as important by both socialist and ' transitional' young people in Croatia. Overall examination of the above results may be seen as an indicator of a process of relative homogenisation of young people in today' s Croatia – certainly, within the issues here examined and at the present level of analysis. There is no doubt that young people here described have many characteristic in common, especially in reference to their marital status, family pattern, housing conditions, parent' s educational background, attitudes towards present and future life, professional and educational aspirations, desired accommodation, sources of information, satisfaction with free time, positive feelings about themselves, feeling of security in relation to their parents and friends, as well as in reference to their abuse of psychoactive substances. They also share their desire for autonomy and independence, and for the recognition by the society at large, as well as their dreams of a more just society in which life opportunities would match individual abilities and endeavour. When they differ, it is mostly due to their varied socio-professional status and age. Residential status, father' s educational background, gender, and regional background are less important. The tendencies that have been documented suggest that youth are divided primarily by their actual social status and stage of attained maturity, and only secondarily by socialization factors, such as social origin in a narrow and broad sense of the term, and a gender socialization patterns. However, further analysis of data should disclose youth dominating trends with more accuracy.
International audience ; The collective work presents the study and publicationof excavated materials of an archaeologically known twoapsechurch from the first half of the 9th to the first half ofthe 10th century at the top of the Tuzluk Hill in the Yedi Evlerarea, Crimean Peninsula, near the village of Semidvorie(Alushta, Crimea, Ukraine). This sanctuary was linked tothe large agricultural and pottery producing settlement thatexisted in this economically developed and populous regionin the second half of the 8th/9th - first half of the 10th century.The settlement was situated 150-250 meters to the east andsoutheast from the church. Just 350 meters southeast fromthe church was a medieval cemetery of the "Suuksu" typeof the 7th – 8th / 9th (?) centuries existed which was left by thepopulation usually identified as Crimean Goths tribes.In 2007, an area of around 96 m2 was investigated andchurch ruins and surrounding cultural layer were studied.The stratigraphical analysis managed to identify here 44archaeological layers or contexts, one medieval grave withdouble burials, and a Bronze Age cultual place. The studyof ruins shows that the sanctuary was rebuilt multiple times.The church consisted of two communicating compartmentsof different sizes. As for characteristic features, the southernmain apse is bigger in size than the northern one, andthere was an entrance in the main part of the church throughthe northern compartment as well as two other doorwaysfrom the west and from the south. The western portal of thenorthern compartment was completely open and no traces ofwall masonry here were attested. In contrast to the southerncompartment, the foundation of the northern part was cutin natural. The three-layer masonry wall was made of localpoor faceted rectangular stones of various sizes. For buildingmortar, mud solutions with clay loam as a binder elementwere mostly used. The inside of the southern churchwalls was plastered with lime mortar, which in some placesis preserved in situ, and painted with red linear and geometricpatterns including letters or even inscriptions that aretoday illegible. The roof likely had two slopes covered bylocally made tiles of different types.The overall dimensions of the church were: width – 5.60-5.70 m, length - 8.50 m. The thickness of the wall was about0.7 m. Structure remains are preserved to a height of 0.80 m.Both apses have shoulders connecting apsidal semicirclesand walls. The external diameter of the southern apse is 2.13m. The internal dimension of the southern main compartmentis 2.34×4.15 м. The external diameter of the northernapse is 1.20 m, while the internal is 0.63 m. The width in thewestern part of the northern compartment is 1.34 m, and inthe eastern part it is reduced to 1.26 m. The church was orientedto the northeast. The azimuth of its central axis is 47°,which roughly corresponds to the azimuth point of sunriseduring the summer solstice for Crimean latitude.SUMMARYIn the first chapter, written by V. Kirilko, the buildinghistory of the church and its architectural peculiarities arepresented. The double apse sanctuary belongs to the relativelyrare type of churches of the Middle Byzantine periodthat could be described as a two-apse church with unequalapses of different sizes. G. Dimitrokallis (1976), the authorof the most representative corpus of double apse byzantinesanctuaries, classified them as "pseudobiconques." Thereare some examples of double apse churches in the Crimea(Sotera near Alushta, Sudak, Funa near Luchistoe settlement,Chembalo fortress in Balaklava). Yet, these sanctuariesmainly date back to the 14th century, with the one exceptionbeing the Sotera church that belonged to the periodof the 8th-10th century, and none of them provides an exactparallel to the church of Yedi Evler.During the short period of its history, the church wascompletely rebuilt at least once. The first building periodinvolved the creation of the main southern church with theapse and the three entrances from the west, south and north.It is highly likely that the church was intentionally conceivedby priests, ktitores or the Christian community as a doubleapse and two-part building. Immediately after the perfectionof the southern church, the additional northern compartmentwith open western portal and separate apse was added. Thispart of the church was connected to the main church via aspecial doorway in the wall dividing the compartment thatpreviously served as the northern entrance to the southernchurch. In fact, the second building period is distinguishedonly theoretically as a final step in the construction of thechurch. The chronology of the first two periods of the building'shistory, based mainly on the study of pottery and ceramicmaterials from the complex, dates back to the firsthalf of the 9th century, or more precisely the second-third tothe middle of the century.After a short period the church was completely destroyed,most likely due to inadequate construction worksor an earthquake. The third building period is determined as860-880s, when the sanctuary was rebuilt and reconstructed.After reconstruction, the northern compartment was buriedby earth and ruined stones and preserved according tocanon law practices for unused sacral Christian objects. Inthe third building period, the northern part was not active asa liturgical zone. The sanctuary became an ordinary ruralByzantine one-apse, one-nave church. A narthex was constructedin the eastern part of the sanctuary. The doorwaybetween the southern and northern parts was closed off bywall masonry. During the third building period, only twoentrances — the southern and western — were still active.The main entrance was the southern one, which was addedby a wooden apprentice. After the second deterioration ofthe church in the first half of the 10th century, no more renovations were carried out. The ruins were reused by the localpopulation for ordinary purposes no earlier than in the secondhalf of the 14th -15th century, as pottery fragments fromthe ruins show. Most probably, the narthex and apse wereused at this time as a temporary living structure in what isregarded in the chapter as the fourth building period. Theauthor proposes graphical reconstruction of the sanctuaryaccording to fourth building periods and shows architecturalparallels to this building among contemporary churches ofthe Northern Caucasus and Minor Asia.Chapter two, author I. Teslenko, deals with the stratigraphyof the site and description of archaeological layers.The analysis of excavated materials provided in the chapterallowed for the presentation of all steps of anthropogenicactivity on the Tuzluk Hill from the Bronze Age to moderntimes. The description of materials is organized by archaeologicallayers, with general characteristics of different findsincluded. Every layer inside and outside the church is attributedto a corresponding building period. A hypothesison the formation of each layer and its causes are also given.The most important layers are linked to two dilapidationsof the church, and some of them are attributed to regular liturgicallife and different rituals practiced in and around thesanctuary. Several layers may be left from construction andreconstruction works. A detailed description of the archaeologicalfinds and a cultural and liturgical interpretation ofstructures, layers and bones are given in the next chapters.In the third chapter, I. Teslenko provides an analysis ofceramic and pottery materials from the church. During theexcavation, 2,589 fragments of roof tiles and kalypters (55%of all ceramic materials), 637 fragments of kitchen and tablewares (13.5%) and 1,485 pieces of pithoi and amphora (31.5%) were recorded. Among them 9 intact rectangular rooftiles that were still preserved and 5 kalypters can be fragmentarilyreconstructed. Several tiles have a constructionsign or craftsmen marks as tridents and Greek letters «λ»,«ρ», «π» «В», «V». A theoretical estimation on the numberof tiles, including kalypters for covering the roof, has beendone. The amount is between 374 tiles / 376 kalypters and396 tiles / 397 kalypters in the second and third buildingperiod respectively. Accordingly, in the second period theweight of the roof was about 3893-3897 kg, for the thirdperiod – 4118-4122 kg.Nearly all excavated ceramic materials came from localproduction. The author lists the characteristics and providesa description of clay pottery and ceramic items, which showtwo craftsmen traditions. The first one emerged locally andis characteristic of primitive treatments, the use of a handpottery wheel and unsatisfactory baking. The second craftsmentradition reflects well-organized, high-technology commodityproduction oriented on the external wine trade. It ispresented specially by amphora. Today, there are more than40 known pottery workshops with high-technology kilns inthe southern part of the Crimean peninsula. Such a potterytradition was most likely brought here in the 8th-9th centuryfrom Minor Asia. The author discusses chronologies ofvarious types of local pottery, particularly amphora, and hemakes comparisons to groups of amphora known from differentregions of the Byzantine World. Local amphoras arepresented by so-called "Black Sea type" (second variant),which was produced until the mid-10th century, according tothe author. At the archaeological site, only two fragments ofimported pottery have been recorded: the bottom of a highneck brown clay jug with wide flat handles, no earlier thanthe mid-9th century, and a fragment of Glazed White Ware II,according to J.W. Hayes, from 10th century Constantinople.The kitchen pottery which were in use in Khazar kaganateis also absent. Ceramic finds in the church date back mainlyto the end of 8th-10th century; only several fragments of twored glazed sgraffito bowls and one fragment of a brown unglazedpot come from the 14th-15th century.The fourth chapter presented by I. Teslenko and A.Musin describes and studies the collection of glass lampfragments (342 items) that are partially not indentified.The bulk (91%) of the lamps comes from the third buildingperiod and is concentrated near the southern entrance tothe church, where the liturgy should start. Precisely withinthe same zone, micropieces of flint made by strike-a-lightfor making "liturgical fire" were recorded, and kitchen andbone remains from community meals were also attested.Glass lamps are presented by two main groups: polycandelonor beaker-shaped lamps with hollow stems, and singlelamps with handles on the rim. All lamps have close parallelsamong glass finds from other Middle Byzantine sanctuaries,for instance, Myra-Demre in Turkey, Thessaloniki inGreece, Chersoneses in Crimea, etc. The glass is mainly coloredlight green and blue. A slowly increased percentage ofpotassium oxide recorded by optical emission spectroscopymay point to glass production centers in the southeasternpart of Asia Minor or Levant.Chapter five, written by A. Musin, analyzes and classifiesmetal crosses found in the church. The excavation recordedat least 30 crosses and their fragments. Crosses wereused throughout the entire period of the church's existence.Crosses are regarded as an ex-voto offering. Most of themwere concentrated in the altar zone of the sanctuary andnear the southern entrance to the church. Two crosses wereput in wall masonry that closed the doorway between thenorthern compartment and the main church during the thirdbuilding period, evidently with apotropaic magic purposes.Presumably, crosses were suspended on the church wall oron elements of the church's interior, or inserted in them. Thecorpus of crosses is divided into five typological groups.The main group consists of iron crosses with an extendedlower branch made of two plates connected with a rivet thatderived from individual processional crosses and turned inex-voto. Some crosses with splayed arms were cut from thinsheet-metal, including copper alloy and probably silver,and decorated with punch ornamentation. Two crosses weremade of silver coins: Umayyad dirham (661 – 750 AD) andimitation of Arab-Sassanian half-drachma of the Sassanidking Kosrou II (590-629 AD).The two last groups of crosses can be compared to thecrosses of the type 1.2.2 according to J. Staecker found inEarly Rus' and Scandinavia in the 10th – 11th century, especiallyknown to be in graves in Birka (Sweden), Gnezdovonear Smolensk, Timerevo near Yaroslavl (Russia), Kiev,Iskorosten (Ukraine) and other political and economic centersof the formation of early medieval states in Russia andSweden. Several scholars have insisted that the crosses havean Anglo-Saxon origin and appeared in Sweden around930-940s AD with the mission of bishop Uni from BritishIslands. However, after the Yedi Evler excavation, the Byzantineorigin of these crosses is quite clear. Crosses fromEastern and Northern Europe may have been created usinga Byzantine example or brought directly from this regionin several cases. During the cultural transformation of theChristianization period, crosses that initially belonged to liturgicalpublic culture were turned in barbarian society intoprivate devotion objects and used as an element in burialcustoms.Nearly all crosses found in the Yedi Evler church haveparallels in other regions of the Byzantine Empire and theneighboring region in the Black Sea coastland, Mediterranean,Asia Minor, Northern Caucasus and Balkans. Suchex-voto crosses illustrate a special feature of post iconoclasticculture in the beginning of the Middle Byzantine period,as well as large distribution of personal reliquary-crossesof the end of the 9th – 11th century. However, prior to becomingan ex-voto offering in church interior, both types ofcrosses were generally used in private Christian devotion.It is largely accepted that the 9th -11th century was a periodof increasing individualism, social atomism and growingemphasis on personal piety. With that in mind, individualcrosses were evidence of the new post-iconoclasm Orthodoxyas a manifestation of personal activity in church lifeand a sign of the victory of polis community tradition overimperial tyranny.The process of donating personal crosses to churchesshould be regarded as a special way of reconciling personaldevotion with the liturgical needs of the local communityencouraged by Church hierarchy. The present hypothesisis confirmed by information in the Byzantine MonasticTypikons, especially that of Empress Irene Doukaina Komnenefor the Convent of the Mother of God Kecharitomenein Constantinople founded between 1100 and 1118, whichprescribed that each Saturday laymen would offer crosses-stauria in the sanctuary for the commemoration of thedeceased, and that other crosses must be brought similarlyeach Sunday on behalf of the living who are recorded on thediptychs. Crosses from the Yedi Evler church and in othercases should be regarded as an archaeological illustration ofsuch a ritual.Other small finds from the church like nails, chain linksfor the suspension of lamps, fragment of bronze wire, leadplates from a wick holder, buttons of bronze, small greenglass beads, and an iron arrow-head characteristic of EasternEurope military culture in the 10th/11th - 13th century aredescribed and analyzed in chapter six by I. Teslenko. Twoamulet-pendants found in the church that are made of clamshell of Cerithium vulgatum and tooth of deer of Cervuselaphus, which could also be offered in the sanctuary asex-voto, are presented in chapter seven by G. Gavris and I.Teslenko.Chapters eight to twelve compiled by G. Gavris, V.Logvinenko, and S. Leonov deal with bones and faunisticremains including birds, mammals, fishes, marine mollusks,and land snails recorded during the excavations. As a result,information is exhausted on the repertoire of animal sacrifices,a normal practice in rural parish Byzantine churches,and the composition of church festive meals has been determined.Among 139 identified bones of mammals, 64% belongto Ovis aries and Capra aegagrus hircus, 16% to Sus scrofadomesticus, 6% to Lepus europaeus and 2 % to Bos Taurus.Birds are presented with 148 individuals of 19 species,including 78% of Gallus domesticus and Gallus domesticussm. and an insignificant quantity of bones of Otis tarda,Cygnus olor, Perdix perdix etc.It is quite interesting to note that fishes are nearly absentfrom the collection, and consequently, on the table of parishmen who lived along the sea coast, only 13 bones ofAcipenser gueldenstaedtii and Perciformes were recorded.Evidently, bones from the excavation present the remainsof a festive meal and not an everyday diet. However, shellfishesare recorded here in 1900 fragments of Mytilus galloprovincialis(95% of mollusk) and a small number ofPatella ulyssiponensis and Ostrea lamellose. Eriphia spinifronspresented in 4-5 individuals should also be noted. Terrestrialgastropods mollusks are mainly presented by Helixalbescens (72.4%), Monacha fruticola (24.2%) Chondrulatridens (3.2%), and only one shell of Brephulopsis cylindrical.Some remarks on the distribution of animal bonesin the excavated complex will be provided in the followingchapters.In chapter thirteen, I. Teslenko proposed and arguedthe chronology of the site based mainly on pottery analysis.Coins from the 7th – mid-8th century that were used forthe manufacturing of crosses give only large terminus postquem for the church building. Amphora with small horizontalmultiple grooves on the surface well-known in Crimeanot later than the beginning - first half of the 9th century arenot recorded among the excavation materials; so the beginningof the church complex must date back to the secondthird-middle of the 9th century. The find of the fragment of ahigh neck jug with wide flat handles in layers of the secondbuilding period, and their absence later on, puts the date ofthe rebuilding of the church at 860-880 AD. The presence oflocal "Black Sea type" amphora of the second variant andthe absence of forms similar to amphora of types I and IIbaccording to N. Günsenin allow to propose the first half –mid of the 10th century as the final stage of the church's existenceand that of surrounding settlements. Another find isthe fragment of Glazed White Ware II, dated no earlier thanthe beginning of the 10th century. The history of the churchactually spans about 100 (± 20-25) years.Chapter fourteen by A. Musin discusses liturgical ritualspracticed in the sanctuary against the large background ofByzantine church culture and shows parallels from relatedterritories. To explain the meaning and origin of the two unequalapse church building in the Yedi Evler area, the authorprovides a thorough account of the phenomenon of doubleapse churches with unequal apses from Transcaucasia andthe Northern Caucasus through Asia Minor and the GreekIslands up until biapsidal churches were recorded in medievalItaly in the 9th-13th century. As a result, a conclusionhas been made that the Mediterranean World did not havea unique genesis of double apse churches. Late Antiquitychurches with two symmetrical naves and apses cannot beregarded as a direct prototype for the Yedi Evler church andrelated building. The architecture of Transcaucasia and theNorthern Caucasus sometimes gives similar features, forexample Mgvimevi, Georgia, the end of the 13th century,but all of them were built later than the monument underconsideration.The "pseudobiconques" churches with a reducednorthern apse are also known in medieval Italy and Corsicaof the 10th-12th century (see for example: San Venerio,La Spezia-Migliarina, Liguria; San Tommaso al Poggio,Rapallo, Liguria; Santa Maria della Chiappella, Rogliano,Haute-Corse; Santa Maria di Sibiola, Serdiana, Sardegna).However, they hardly could be a source of inspirationfor builders of the Yedi Evler church for cultural andchronological reasons. The Italian architecture of the "chiesebiabsidate" did, however, deeply influence the appearanceof two apse churches in Crimea and Muscovite Russia inthe end of the 14th-15th century. Nevertheless, early Italiantwo apse sanctuaries, especially with different apses and anadditional northern entrance, could initially reflect the sameprocess of the change of liturgical planning as in the YediEvler church.It should be acknowledged that "pseudobiconques"churches are not very characteristic for the Greek Island.Some indirect parallels can bee seen in the planning ofthe church of St Spyridon – Panagia Protothroni Halkia,Halki, Naxos Island; church of St Pantaleon, Kotraphi,Peloponnesus; church of St Athanasius, Phaturu, PatmosIsland; church of St Athanasius, Phaturu, Patmos Island. Inall cases, it is difficult to say whether the additional reducedcompartment was initially intended for this or that particularliturgical ritual. It is quite possible that both naves wereused for the Eucharist. However, in the Middle Byzantineperiod, the appearance of double churches of Sts John andGeorge, Sarakini, Samos, and the Monastery of St JohnChrysostomos at Koutsovendis, Cyprus can be attested.The double apse church was renewed in the 10th century inÜçayak, near Kirşehir, Central Anatolia, Turkey. The mostnotable fact is that the high density of two apse middlebyzantine churches, including the "pseudobiconques"sanctuary, is known to have existed in the ancient Pontprovince and near Trabzon, Turkey, for example in Koralla,Görele Burunu fortress or Gantopedin fortress (Matzouka,Zana Kale), Labra, Maçka Dere, near Köpruna Köy. Thisregion always had direct ties with the northern Black Seacoast and Crimea during Antiquity and Middle Ages.At the same time, the closest parallel to the Yedi Evlerchurch can be seen in the 10th-11th century double apsechurch in the Upper City of Middle Byzantine settlementin Boğazköy (Hattusa, Asia Minor), Turkey, excavated by P.Neve in the early 1980s. At the small northern compartmentthat served as the principle entrance in the southern mainchurch, obviously meant for the Eucharist, a considerablenumber of metal ex-voto crosses was recovered. Thecombination of such features attested both in Yedi Evlerand Boğazköy and the chronological coincidence cannot beaccidental.The author argued that different liturgical functions of twochurch compartments and the subsidiary role of the northernpart may be stressed by their sizes and architectural volumesand expressed in the exterior of churches in an architectonicway and by means of architecture. An additional means ofspecial organization of two parts of liturgical space involvedthe arrangement of a separate doorway to the main churchvia the northern compartment as a supposable place of initialworship rituals.Such a change in liturgical planning finds its possibleexplanation in the reform of Prothesis/Proskomedia,which took place in Middle Byzantium during and rightafter the iconoclasm period. The Euchologion Barberinigr. 336, the oldest Orthodox liturgical book of the end ofthe 8th century, reported the appearance of the first priest'sprayer for the preparation of bread and wine as gifts for theEucharist. There was a time when the clergy and monksestablished control over the expression of community andindividual piety within the bringing of liturgical gifts. Thechapter argues in support of a hypothesis on the Prothesisfunction established in the northern compartment in MiddleByzantine churches with two unequal apses such as YediEvler, Sotera, Boğazköy, several sanctuaries of Pont andTrabzon, etc. as a materialization of church reforms at thattime. It is quite possible that contemporary Italian churcheswith two unequal apses were also influenced by the samearchitectural and liturgical innovation in the beginning of theMiddle Byzantine period, especially since the EuchologionBarberini is a manuscript of southern Italian provenance,which reflects, however, practices of Constantinople.Architectural studies let us assume that initially, for anewly performed ritual, the northern annexes or nave ofchurch could be reserved, but later such liturgical planninginnovation did not catch on in church practice. Both preanaphoraand anaphoric rituals were concentrated in thealtar zone.The architectural implementation of the Prothesisreform could be reflected in another way, for example, in theconstruction of rectangular annexes to Middle Byzantinechurch as monastery Kisleçukuru, Antalia, and in İnişdibifortified settlement, Istlada, near Kekova – Myra/Demre,both in Turkey provide examples. In fact, the MiddleByzantine period is generally characterized by the risingof additional architectural volumes and a compartmentaround the main church building within the multiplicationof liturgical rituals and "Privatisation" of Liturgy.As proof for the given hypothesis, a find of liturgicalequipment in the church can be added. At the central partof the northern compartment just opposite the doorway tothe main church, an almost rhomboidal flat stone with dimensionsof 0.5 х 0.7 m (weight 75 kg) was attested. Itshorizontal position in situ was fixed by two roof tiles andfragments of amphora. A considerable number of potteryand glass fragments was concentrated around the stone, aswell as some animal bones. At the east end of the northernapse, the bottom of pithos and fragmentary sheep skullwere also recovered, which indicate some unknown ritual.It is quite possible that such flat stones laying directly on thechurch floor and serving as the Prtothesis table for offeringliturgical bread and wine were typical for rural Byzantinechurches, as the information of Pratum spirituale by JohnMoschus suggests.No remains of the altar table or distinct elements of thealtar screen were recorded during the excavations. This impliesthat the Holy table in the church could be made ofwood and the altar screen existed as a cloth curtain or katapetasma.However, the altar zone was separated from thenaos by a terrace cut in natural as a kind of bema. Near thebema, there was a pit, most likely for a water reservoir usedfor church needs and ritual purification purposes. Beside thispit within the altar zone, several roof tiles were stocked as aspecial construction associated with finds of metal crossesand glass lamp fragments that may be regarded as an elementof an unpreserved altar barrier.Such liturgical elements as the offering of ex-voto crossesand new arrangement of the Prothesis ritual may suggesta monastic influence in the area. Additionally, this possibilityis confirmed by some features of burial custom of thegrave excavated near the church to the southeast from themain apse, i.e. the fixation of the head of one buried senilisman with the help of small stones or a special head-supportknown in the practice of Mont Athos monasteries and in theTypikon of Studios monastery in Constantinople. This observationallows for a revision of the role of Byzantine monasticismin the development of Crimean Christian cultureof the iconoclasm and posticonoclasm period, especiallysince an erroneous hypothesis on the "mass migration" ofByzantine monks-iconodoules to the Crimean peninsulabased on an uncritical review of the information of the Lifeof Saint Stephen the Younger has been abandoned after newresearch.However, rituals practiced in the Yedi Evler church werelinked not only to monastic practices but also to popularChristianized rituals, as finds of animal bones in and aroundthe church suggest. Without a doubt, these kitchen remainstestify to animal sacrifice and parish community or familyfestive meals organized in the church. The finds of oxremains, an animal usually offered as a sacrifice in ruralGreek communities during sanctuary consecration, nearthe western and southern entrances to the church may referto rituals of dedication of the church after its constructionand reconstruction in the second and third building periods.Other bones and faunal remains are relatively proportionallyspread out in the church complex. It is difficult todeterminate where exactly the common meals took place.Most likely, during the first period of church life it was thenorthern part of the church; the joint offering of gifts forthe Eucharist and ordinary meal in the same place near theflat stone in the northern part of the church shows a kindof syncretism of liturgical and popular rituals. During thelast period, when the northern compartment was buried accordingto canon law postulates the main part of the kitchenremains was concentrated near the southern entrance to thesanctuary.The practice of animal sacrifices and parish meals waslargely in use in Byzantine popular religion, or so-called"parish Orthodoxy." In spite of prescriptions against suchpractices, which can be found in canon law, it was regardedas a norm in society, and even hagiographical texts, for example,the Life of Saint Nicolas of Sion in Asia Minor, tellabout such rituals without any fulmination. Rituals of animalsacrifices are also known in the North Caucasus, Transcaucasia,and the Balkans and are still preserved in ethnographicpractice until the beginning of the 20th century andon several territories up until the present age. For example,in the Farassa area, Cappadocia, modern Feke, Adana Province,Turkey, in the Greek parish the ritual of animal sacrificeswas recorded in the church opposite the main altar on abig stone. This parallel may suggest that the flat stone in thenorthern part of the Yedi Evler church, apart from its Prosthesisfunction, could have also served as archaic sacrifice.The remains of rituals of church consecration are alsoknown from the excavations. They have been attestedthanks to one-time concentrations of charcoals and fireplacesas well as kitchen remains opposite to the entrances of thesanctuary. For the first church consecration, three fireplaceswere recorded to the north, west and south of the church.The second consecration left one fireplace to the south fromthe church according to the position of the main doorwayduring the third building period.Within the last zone, micropieces of flint made by strikea-light were found. It is obvious that there was a specialplace here for making 'liturgical fire' before the beginningof office of vespers. Evidently, the celebration in the churchwas not conducted every day, but on special days includingFeast and Sunday Liturgies. Today the ritual of makingnew fire before offices is still preserved in Latin andGreek parish life, only on the eve of Easter Day when theliturgical light for the ceremony is normally lit from a bonfireburned outside the church. In Russian and UkrainianOrthodoxy, such practice has been abandoned. A specificderivate of such practices is the ritual of 'Holy Fire' in thechurch of Holy Sepulcher in Jerusalem on Great Saturday,the day before Orthodox Easter, presented in mass mentalityand church propaganda as a miracle. However, the practiceof making 'new' or 'holy' fire, especially at the beginningof spring, is well known thanks to ethnological research inWestern and Central Europe, and relations between churchrituals and folklore customs are difficult to establish. Multiplefragments of glass lamps in the same zone hardly referto any rituals, nor do presented remains of lamps accidentallybroken during manipulation. Only one church customthat involves the intentional breaking of wedding glass cupsof wine was first attested in the Euchologion Paris Coislin.213 in 1027 AD. However, until the 12th century, the churchblessing of wedding was practiced in the aristocratic milieuand was not very widespread in rural society.In sum, the local parish community had enough cultivatedlevel of religious life and combined innovations ofliturgical mainstream of Byzantine society issued from culturalcenters and archaic practices belonging to the provincialrural population.The conclusions presented by I. Teslenko and A. Musinsummaries research results and give future perspectives.For the first time in the history of excavations of Crimeanmedieval churches, thanks to careful digging and fieldfixation, architectural archaeology managed to record manyliturgical features and everyday life elements characteristicof Byzantine rural churches. It allowed for determining acharacteristic of the material culture of the local populationduring the "demographic boom" and establishing of themataadministrative division in Byzantine Empire in the 8th-9thcentury. Church planning kept the very important step inthe development of the initial part of East-Christian Liturgyas ritualisation of Prothesis. Archaeological contextspreserved intact bones of animal sacrifices and communitymeals appropriated to Byzantine popular religion, tracesof making of 'holy' or liturgical fire as micropieces of flintmade by a light-a-strike, and ex-voto offering in the formof metal crosses, and amulets pendants that at the sametime could serve as interior church decoration. Such findsallowed us to establish byzantine origin of several typesof Christian devotional crosses pendants from the 10th-11th century originated from the territories of Early Rus'and Scandinavia. The church in Yedi Evler is an examplemonument of the Middle Byzantine period for the study ofliturgical devotion, rural sacral architecture and everydaylife of provincial settlements, which should be useful forthe understanding of both Crimean medieval culture and thehistory of other parts of the Byzantine World.The study of the Yedi Evler church permits us todraw some conclusions about the historical developmentand cultural situation in the southern part of the Crimeanpeninsula at the end of the 8th – mid 10th century. The materialculture of the local population known from the result ofthe church excavation and investigation of surroundingsettlements and pottery workshops suggests importantinnovation, such as stone housebuilding using roof tiles,high-technology pottery production with very effectivekilns, winemaking oriented to local and long distancetrade, and ecclesiastical architecture of basilica-type parishchurches. All these improvements were previously unknownfor the autochthonic people, which may be indentified tothe Crimean Goths. The settlement archaeology in the areashows that the above-mentioned innovations were broughthere with the wave of mass migration, and newly-establishedresidences of the new population existed quietly side by sidewith previous habitations. This situation may demonstratethe process of mutual integration and even acculturation ofautochthonic people in higher organized society. Most likely,the main group of migrants came from Asia Minor andbrought the mentioned traditions of Byzantine-Rhômaioscivilization, including high technology in pottery andliturgical innovations reflected in ecclesiastical architectureand devotional practices.Undoubtedly, the colonization of the southern part of theCrimean peninsula was organized by the administration ofthe Byzantine Empire in the framework of the establishingof the themata system. The theme ta Klimata in this areawas constituted in 841 AD, and later in the 850s it wasreorganized in the theme of Chersoneses. In the same vein,the new church administration was established here. Theregion under question had probably been included in themetropolitan of Ghotia or Doros, whose eastern borderseparating it from another one new diocese of Sougdaia orSourozh, now Sudak, was exactly across from the Yedi Evlervalley. The Goths diocese is referred to as "a certain regionalong the coast there called Dory," mentioned by Procopiusof Caesarea in his panegyric on the building activity of theemperor Justinian De Aedificiis.The chronology of pottery materials suggests that thechurch in Yedi Evler and the local agglomeration, as wellas a considerable part of settlements in Southern and South-Western Crimea, ceased to exist at the same time in the firsthalf of the 10th century. Such a social collapse may be linkedto the politically unstable situation in the area caused by theconflict between the Byzantine Empire and Khazar kaganateand active military raids of the Rus' from the Middle Dnieperarea to the Black Sea and Caspian Sea regions, Asia Minorand Constantinople. The local population moved to moresecure regions or fled behind city walls for protection.This publication is supplemented by appendixes withcatalogues of finds of various categories including metals,glass, and faunal artifacts (I. Teslenko, N. Turova), pottery,ceramic and stone materials (O. Ignatenko, I. Teslenko),architectural elements (V. Kirilko), find of Bronze Ageperiod (I. Teslenko), description and results of opticalemission spectroscopy of glass finds (A. Egor'kov) andstudy of flint finds (V. Chabai).
Die Nachfrage nach Holz wird im Zeitraum der nächsten 15 Jahre bis 2030 sowohl in der EU als auch global zunehmen. Bedarfsabschätzungen zeigen Nachfrageüberhänge in der EU von jährlich 300 Mio. m³, eine Prognose spricht sogar von Holzfehlmengen von 430 Mio. m³. Der Anstieg der Weltbevölkerung bei wachsender Wirtschaft wird den Holzbedarf erhöhen, auch wenn derzeit weltweit in etwa ein Gleichgewicht zwischen Angebot und Nachfrage besteht. Die Nachfrage nach Holz unterliegt vielen Treibern. Die Langfrist-Prognosen bis zum Jahre 2030 sagen vor allem bei der energetischen Holznutzung eine permanente, über den Verbrauch von Holz zur stofflichen Nutzung liegende, hohe Nachfragesteigerung voraus. Der Trend der Bioökonomie mit der sukzessiven Reduktion des Anteils der fossilen Energieträger beim Primärenergieverbrauch zur Reduktion der Emissionen von Treibhausgasen wurde durch das Paris-Abkommen, das 2015 durch die internationale Gemeinschaft mit dem Ziel des Klimaschutzes verabschiedet wurde, noch verstärkt. Auch die Tendenz zur dezentralen Energieversorgung vor allem in den Kommunen, die besonders die Nachfrage nach Energieholz und schwachen Sortimenten wachsen lässt, das Bestreben zur Verringerung von nationalen Abhängigkeiten zu Russland als Lieferant bei Erdgas und Erdöl haben auf eine steigende zukünftige Nachfrage ebenso einen bedeutenden Einfluss wie die Substitution des Rohstoffes Erdöl durch Holz bei der Herstellung von Chemikalien und Treibstoffen. In den Wäldern der Mitgliedstaaten sind nach Einschätzung der EU größere stehende Holzvorräte vorhanden, die mobilisiert werden müssten, um das Ziel der EU, 20 % der Primärenergie aus erneuerbaren Energien bis zum Jahre 2020, zu erreichen. Die Produktion und die Nutzung von Holz im Rahmen einer nachhaltigen Forstwirtschaft hat über den gesamten Lebenszyklus eine ausgeglichene CO2 Bilanz. Durch die erhöhte Nutzung von Holz im Energiemix vermindert sich die CO2 Belastung der Atmosphäre. Wald-Inventuren, wie z.B. die in Deutschland vorliegenden Ergebnisse der 3. Bundeswaldinventur, bestätigen die Einschätzung der EU über die bestehenden Ressourcen. Die Verwendbarkeit dieser Ressourcen wird allerdings in zunehmendem Maße durch die Herausnahme von Wäldern aus der Produktion aus ökologischen oder sozioökonomischen Gründen beeinträchtigt. Unternehmer, deren Geschäftsmodell die Produktion von Holz auf landwirtschaftlichen Flächen ist, evaluieren mögliche Standorte zur Produktion von Holz im Kurzumtrieb nach der politisch-rechtlichen Sicherheit, nach der Verfügbarkeit von Ressourcen und den Faktorpreisen. Günstige Voraussetzungen für die Anlage von Baumplantagen für die Produktion von Holz bestehen im Baltikum. In den drei Staaten sind die wesentlichen Parameter für den Holzanbau in Plantagen auf landwirtschaftlichen Flächen gegeben: Gesichertes Rechtssystem mit dem Schutz des Eigentums, barrierefreier Zugang zu den Märkten innerhalb der EU, keine Währungsrisiken, günstige klimatischen Bedingungen mit ausreichend Niederschlag und freie Ressourcen bei Arbeit und Boden. Die EU-rechtliche Klassifizierung einer KUP als landwirtschaftliche Tätigkeit auf landwirtschaftlicher Fläche und als landwirtschaftliche Dauerkultur eröffnet die grundsätzliche Möglichkeit der Teilnahme der Kurzumtriebswirtschaft an den EU-Förderprogrammen der Direktförderung, der 1. Säule, und der Förderung der Entwicklung des ländlichen Raumes, der 2. Säule. KUP ist in das Ziele-Cluster Europa 2020/GAP 2020 der EU einbezogen. Für die KUP-Bauern sind auf nationaler Ebene die in das jeweilige Recht der baltischen Staaten transformierten EU Bestimmungen und die jeweils dazu gehörende Verwaltungsauffassung maßgebend. Der Umweltleistung der Dauerkultur "Niederwald im Kurzumtrieb" wurde in den rechtlichen Bestimmungen der EU grundsätzlich Rechnung getragen. KUP sind von der Greening-Verpflichtung befreit. Es überrascht allerdings, dass KUP als "gleichwertige Methode zur Flächennutzung im Umweltinteresse" bei der Anrechnung auf eine ökologischen Vorrangfläche nur mit Faktor 0,3, hingegen die Agroforstsysteme mit Faktor 1,0 Berücksichtigung fanden. Der KUP-Landwirt kann nur, wenn er Abweichungen beim Verwaltungshandeln zu den übergeordneten nationalen Gesetzen oder EU-Regeln zu seinem Nachteil erkennt, sein Recht im Widerspruchsverfahren suchen. Sowohl bei der Direktförderung wie auch bei der Strukturförderung wurden in allen drei baltischen Staaten Verwaltungsauffassungen identifiziert, die KUP im Vergleich zur Förderung der herkömmlichen Landwirtschaft mit annuellen Feldfrüchten benachteiligen oder weitgehend von der Förderung ausschließen. Im Bereich der Direktförderung gilt dies im besonderen Maße bei meliorierten Flächen. Die Detailanalyse zeigt, dass die Etablierung von KUP auf solchen Böden entweder, wie in Lettland, zur Versagung der Direktförderung führt, oder, wie in Estland und Litauen mit Auflagen verbunden ist, die die Bereitschaft der Landwirte für die Anlage einer KUP stark hemmen. Bedeutend ist dies vor dem Hintergrund, dass in Estland rund 54 %., in Lettland rund 62 % und in Litauen rund 78 % der landwirtschaftlich nutzbaren Flächen mit Drainagen versehen sind. Im Bereich der Förderung nach der 2. Säule, insbesondere die Gewährung von Zuschüssen bei Auf- und Ausbau der Hofstelle sowie beim Ankauf von Maschinen und anderen Ausrüstungen, ist der KUP-Landwirt von der Förderung ausgeschlossen. Die Festlegung der Rotationszeiten verursacht ein weiteres Hemmnis. Die Produktion von Holz in KUP wird dadurch in den baltischen Staaten in Richtung bestimmter Holzsortimente, nämlich hauptsächlich Energieholz und schwache Sortimente, gelenkt. Die Bestimmungen legen in der Regel fünf Jahre als Umtriebszeit fest. Versuche, diese restriktiven Vorgaben aufzuweichen, waren bisher erfolglos. Zusätzliche Lenkungsimpulse in Richtung bestimmter anderer, stärkerer Holzsortimente gehen auch durch die Förderung der Aufforstung im Rahmen der Strukturförderung aus. Auf den baltischen Faktormärkten stehen für die Holzproduktion auf landwirtschaftlichen Flächen im Kurzumtrieb Boden und Arbeitskräfte zu günstigen Preisen in ausreichendem Umfang zur Verfügung. Restriktionen beim Bodenerwerb in den ab dem Jahre 2014 geltenden nationalstaatlichen Bodenverkehrsrechtssystemen können für die Neu-Etablierung eines KUP-Betriebes hinderlich sein. Zu den realen Holzerträgen liegen für die baltischen Staaten noch keine Ernteergebnisse aus KUP auf größeren Flächen vor. Abschätzungen der Erntemengen waren deshalb anhand von Vergleichszahlen für KUP in klimatisch ähnlichen Regionen, anhand von Wuchsleistungen gängiger Klone und unter Einbeziehungen von Messungen auf Versuchsplantagen in Estland, Lettland und Litauen vorzunehmen. Die so taxierten realen Holzerträge liegen bei einem Durchschnitt von 10,00 tatro ha-1 a-1. Das Niveau der Marktpreise für das im Kurzumtrieb produzierte Hauptsortiment Hackschnitzel deutet auf einen aufnahmebereiten Markt mit für die Wirtschaftlichkeit der Produktion ausreichenden Preisen hin. Vergleiche mit längeren Zeitreihen, bei denen aktuelle Preisschwankungen geglättet sind, für Estland zwischen 2003 bis 2013, für Lettland zwischen 2009 bis 2014 und für Litauen zwischen 2008 bis 2014, bestätigen diese Aussage. Durch die Ermittlung der Annuitäten wird die Wirtschaftlichkeit einer KUP am Beispiel eines Betriebes in Lettland untersucht. Auf der Aufwandsseite konnten tatsächliche Kosten-Größen für eine Fläche von 100 ha in die Berechnungen einbezogen werden. Damit steht für eine Wirtschaftlichkeitsberechnung eine Datenbasis zu den Kosten zur Verfügung, die nicht ausschließlich für kleine Versuchsflächen in Estland, Lettland und Litauen erhoben wurde. Auf der Marktseite kann auf aktuelle Marktpreise für Hackschnitzel, bestätigt durch langfristige Zeitreihen, zurückgegriffen werden. In dieser, mit realen Zahlen fundierten Berechnung sind die Zahlungsströme dargestellt. Nicht in diese Kalkulation wurden wegen der Unsicherheit eines positiven Bescheides durch den LAD die Fördergelder einbezogen. Die Berechnungen zeigen positive Annuitäten, dem Indikator für den profitablen Betrieb einer KUP. Eine Sensitivitätsanalyse mit Veränderungen aller Kosten- und Ertragsfaktoren um jeweils 10 % bestätigt die Ertragsstabilität. Schließlich wird durch den Vergleich des Ergebnisses der Annuitätenberechnung mit einem landwirtschaftlichen Betrieb, der als Hauptkultur Weizen produziert, aufgezeigt, dass die Produktion von Holz auf landwirtschaftlichen Flächen mittels KUP die wirtschaftlich sinnvollere Alternative ist. Als agrarpolitischer Ausblick für die EU lässt sich aus der Gesamtanalyse resümieren, dass eine "Arbeitsteilung", Feldfrüchte in den Mitgliedsländern zu erzeugen, in denen die Produktionsbedingungen aufgrund von klimatischen Aspekten und Standortparametern optimal sind, nicht gefördert, sondern eher gebremst wird. Wenn die Betriebsergebnisse aus der Produktion von Holz in KUP weiter zunehmen, wird der Markt durch die Aussicht auf höhere monetäre Erträge die Strukturanpassung, auch gegen die restriktive nationale Auslegung der EU-Förderrichtlinien in Estland, Lettland und Litauen bewirken.:Danksagung I Inhaltsverzeichnis III Abbildungsverzeichnis VII Tabellenverzeichnis VIII Abkürzungsverzeichnis XII 1 Einleitung 1 1.1 Diskrepanz bei der Abschätzung der zukünftigen Holznachfrage und der tatsächlichen Entwicklung 1 1.2 Tendenzen bei der Nachfrage und dem Angebot von Holz in der Europäischen Union 4 1.3 Positive Voraussetzungen für die Produktion von Holz in Estland, Lettland und Litauen 7 2 Zielstellung der Arbeit 11 3 Vorgehensweise 14 4 Stand des Wissens 17 4.1 Europarechtliche Bestimmungen für die Holzproduktion auf landwirtschaftlichen Flächen 17 4.1.1 Begriffsabgrenzungen 18 4.1.1.1 Abgrenzungen des Begriffs der Kurzumtriebsplantage von Wald 18 4.1.1.2 Waldbegriff der Europäischen Union 19 4.1.2 Kurzumtriebswirtschaft als landwirtschaftliche Tätigkeit 19 4.1.2.1 Erlaubte Baumarten für den Kurzumtrieb in der Europäischen Union 20 4.1.2.2 Agroforstsysteme im Vergleich zu Kurzumtriebsplantagen in der Terminologie der Europäischen Union 20 4.1.3 Gemeinsame Agrarpolitik 2020 21 4.1.3.1 Organe der Gemeinsamen Agrarpolitik auf Ebene der Europäischen Union und der Verwaltungsunterbau in den Mitgliedstaaten 21 4.1.3.2 Ziele der Gemeinsamen Agrarpolitik 2020 im Rahmen des Zielsystems Europa 2020 24 4.1.3.3 Instrumentarien der Gemeinsamen Agrarpolitik 2020 26 4.1.3.4 Finanzmittel zur Agrarstrukturförderung im Rahmen der Gemeinsamen Agrarpolitik 2020 36 4.2 Kurzumtriebsplantagen auf landwirtschaftlichen Flächen in Estland, Lettland und Litauen 37 4.2.1 Derzeitiger Bestand und Betrieb von Kurzumtriebsplantagen in Estland, Lettland und Litauen 37 4.2.2 Entwicklung der Plantagenflächen zur Produktion von Holz im Kurzumtrieb in Estland, Lettland und Litauen bis 2014 40 4.2.2.1 Estland 40 4.2.2.2 Lettland 41 4.2.2.3 Litauen 41 5 Analyse der rechtlichen Rahmenbedingungen in Estland, Lettland und Litauen zur Holzproduktion in Kurzumtriebsplantagen 43 5.1 Begriffs-Präzisierungen als Ausdruck der nationalen Verständnisse der Vorschriften der Europäischen Union 43 5.1.1 Waldbegriff in Estland, Lettland und Litauen 43 5.1.1.1 Waldbegriff in Estland 43 5.1.1.2 Waldbegriff in Lettland mit der Besonderheit der Forstplantage nach dem lettischen Waldgesetz 44 5.1.1.3 Waldbegriff in Litauen 50 5.1.2 Umtriebszeiten bei Kurzumtriebsplantagen in Estland, Lettland und Litauen 51 5.1.3 Zugelassene Baumarten für Kurzumtriebsplantagen in Estland, Lettland und Litauen 52 5.1.4 Unbestimmte Rechtsbegriffe für Nachhaltigkeit in den Waldgesetzen von Estland, Lettland und Litauen 53 5.2 Umsetzung der Förderbestimmungen nach der Gemeinsamen Agrarpolitik 2020 in Estland, Lettland und Litauen 55 5.2.1 Direktförderung (Säule 1) in Estland, Lettland und Litauen 56 5.2.1.1 Ausgestaltungen der Voraussetzungen für die Direktförderung 57 5.2.1.2 Instrumentarien der Direktförderung 60 5.2.2 Strukturförderung (Säule 2) in Estland, Lettland und Litauen 69 6 Wirtschaftliche Rahmenbedingungen für die Produktion von Holz in Kurzumtriebsplantagen auf landwirtschaftlichen Flächen in Estland, Lettland und Litauen 74 6.1 Parameter zur Definition der Angebotsseite: Verfügbare Produktionsfaktoren 74 6.1.1 Verfügbarkeit der Ressource Arbeit 74 6.1.2 Verfügbarkeit der Ressource Boden 77 6.1.2.1 Eignung von Flächen in Estland, Lettland und Litauen zur Produktion von Holz in Kurzumtriebsplantagen 77 6.1.2.2 Möglichkeit des Bodenerwerbs 79 6.1.2.3 Maßnahmen zur Erhöhung des Flächenangebotes auf den Bodenmärkten in Estland, Lettland und Litauen 82 6.1.2.4 Entwicklung der Preise für landwirtschaftliche Flächen in Estland, Lettland und Litauen 84 6.1.3 Verfügbarkeit der Ressource Kapital 85 6.1.3.1 Infrastruktur als maßgebliche Größe des volkswirtschaftlichen Sozialkapitals 85 6.1.3.2 Betriebliches Privatkapital als Investitionsvoraussetzung 86 6.2 Marktsegment für in Kurzumtriebsplantagen erzeugtem Holz in Estland, Lettland und Litauen 87 6.2.1 Potenzialabschätzungen für die Holzmärkte in Estland, Lettland, Litauen und für die Europäische Union 87 6.2.2 Nachfrage nach Holz in der Zielplanung für die Energiebedarfsdeckung in Estland, Lettland und Litauen 91 6.2.2.1 Planerische Ansätze zur Energieversorgung in Estland 94 6.2.2.2 Planerische Ansätze zur Energieversorgung in Lettland 95 6.2.2.3 Planerische Ansätze zur Energieversorgung in Litauen 96 6.3 Business Case für ein reales Unternehmen in Lettland 97 6.3.1 Naturale und monetäre Erträge von Weidenplantagen 98 6.3.1.1 Mengenerträge in Kurzumtriebsplantagen 99 6.3.1.2 Preisniveaus auf dem Markt für Hackschnitzel in Lettland 104 6.3.1.3 Preisniveauvergleich für Litauen und Estland 107 6.3.2 Kosten der Bewirtschaftung von Kurzumtriebsplantagen 108 6.3.3 Ermittlung der Annuitäten als Entscheidungsgrundlage 113 6.3.4 Betrachtung von Veränderungen von Parametern anhand einer Sensitivitätsanalyse 118 6.3.5 Betrachtung des Ergebnisses der Business Case-Berechnung 120 7 Diskussion der Ergebnisse 126 7.1 Hypothese: Das Regelwerk und die darin enthaltenen Fördermaßnahmen der Gemeinsamen Agrarpolitik 2020/Europa 2020 begünstigen die Produktion von Holz in Kurzumtriebsplantagen in Estland, Lettland und Litauen. 126 7.2 Hypothese: Die nationalen Ausgestaltungen der Bestimmungen der EU favorisieren nicht die Anlage und Nutzung von Kurzumtriebsplantagen in Estland, Lettland und Litauen 135 7.3 Hypothese: Die Produktionsfaktoren Arbeit, Boden und Kapital stehen in Estland, Lettland und Litauen in ausreichendem Maße zur Verfügung. 143 7.4 Hypothese: Die Märkte für in Kurzumtriebsplantagen erzeugtem Holz sind zu Preisen aufnahmefähig, die einen rentablen Betrieb von Kurzumtriebsplantagen in Estland, Lettland und Litauen erlauben. 145 7.5 Hypothese: Die Holzproduktion auf Kurzumtriebsplantagen führt zu höheren monetären Erträgen als der Anbau von annuellen Feldfrüchten in Estland, Lettland und Litauen 149 8 Zusammenfassung 152 9 Abstract 157 10 Literaturverzeichnis 161 10.1 Quellennachweis nach Autoren 161 10.2 Rechtsquellen 194 10.2.1 Völkerrechtliche Verträge 194 10.2.2 Rechtsquellen der Europäischen Union 194 10.2.2.1 Grundlagen für die Europäische Union 194 10.2.2.2 Verordnungen der Europäischen Union in chronologisch-numerischer Reihenfolge 194 10.2.2.3 Richtlinien der Europäischen Union in chronologisch-numerischer Reihenfolge 197 10.2.2.4 Delegierte Verordnungen der Europäischen Union in chronologisch-numerischer Reihenfolge und Entscheidungen 197 10.2.3 Rechtsquellen der Bundesrepublik Deutschland 199 10.2.4 Rechtsquellen der Republik Estland 199 10.2.5 Rechtsquellen der Republik Lettland 200 10.2.6 Rechtsquellen der Republik Litauen 201 ; The demand for timber will rise over the prognosis timeframe of the next 15 years until 2030. For Europe, demand forecast shows a deficit of supply of 300 mio. m³ per year; one study even states the amount at 430 mio. m³. The growth of the world population in combination with a growing economy will further increase the demand for wood, despite the current situation of equilibrium between demand and supply as shown by figures regarding the actual wood production. The demand is driven by many factors. Long-term prognoses to the year 2030 predict a permanent rise in demand for energetic use, which is above the rise of wood for material use. The bio economic trend, including the reduction of greenhouse gas emissions through the gradual reduction of fossil energy sources as a primary energy supply, has been reinforced through the Paris Agreement, adopted by the international community in 2015 with the aim of climate protection. Also other factors will strengthen future demand: the tendency towards decentralised energy production, especially within municipalities, which will particularly grow the demand for fuel wood and weak assortments; the tendency towards reducing dependence on Russia as a supplier of natural gas and oil; and the substitution of fossil energy sources for wood in the production of chemicals and fuel. The EU sees in the forests of its member states a large standing wood supply, which would need to be activated to reach the goal of substituting 20% of primary energy with renewable energy sources by 2020. Wood production and use has a neutral CO2 footprint throughout its lifecycle; if produced sustainably, it only emits as much CO2 as it had previously bound within itself through photosynthesis. Increasing the use of timber in the energy mix reduces the pollution of the atmosphere with CO2 Forest-inventories like the recently published 3rd German National Forest Inventory underline this assumption of the EU regarding the reserves. However, not all of the stock in the forests can be activated, as some forests are taken out of production due to ecological and socio-economic reasons. Entrepreneurs whose business model is determined by the production of wood on agricultural land evaluate possible locations for the production of wood in short rotation according the political and legal security, the availability of resources and the factor prices. The Baltic States offer favorable preconditions. All three states fulfill the major parameters for wood production on coppices on agricultural land: protection of the liberal order; secured legal system with the protection of property; barrier-free access to the markets within the EU; no currency risks; favorable climatic conditions with sufficient precipitation; and large amounts of resources in land and labor. The classification as agricultural activity on agricultural land and as an agricultural permanent crop makes SRC principally entitled to EU funding programs through direct support, the so-called 1st pillar, as well as though the funding of the agricultural structures, the so-called 2nd pillar. SRC are included in the goal cluster of Europe2020/CAP2020. For the SRC farmers on a national level, the applicable legislation derived from the EU-regulations and their administrative interpretations are crucial. The environmental performance of SRC was especially recognised, while excluding them from the Greening-Commitment. Surprisingly however, SRC is recognised with the factor 0.3 as a substitute for the compulsory creation of ecological compensation conservation areas, whereas argoforest systems with a lower soil regeneration period are recognised with the factor 1. The SRC agriculturist can request an appeal proceeding only if he feels there are discrepancies between the administrative acting and the superior national laws or EU rules. In comparison to the funding of traditional agriculture with annual crops, interpretations were identified in both pillars which discriminate against SRC by diminishing it or excluding it all together. In the direct funding sector this is especially applicable to meliorated land. A detailed analysis has shown that the establishment of SRC on such land leads to the complete denial of direct funding, like in Latvia, or subjection to strict conditions which hinder any SRC, like in Estonia and Lithuania. This is significant because in Estonia roughly 54%, in Latvia roughly 62% and in Lithuania roughly 78% of agricultural land has a drainage system. Within the 2nd pillar, the SRC farmer is excluded from support, especially in granting subsidies for building construction, acquisition of machines and other equipment. The definition of the rotation periods is causing another hurdle. The production of wood on SRC is steered towards certain market segments, mainly fuel wood and weak assortments, through the predefined rotation periods within the different Baltic States. These are generally set to five years. Efforts to soften this restrictive rule have so far been unsuccessful. Further stimulus guiding towards certain segments comes from the subsidies provided for reforestation by the structural funding. In the Baltic factor market, land and labour for wood production in SRC on agricultural land are available for reasonable prices and in sufficient quantities.Restrictions in purchasing land could arise from the "land-mobilisation" legal systems valid from 2014 for the new establishment of SRC. There are no authoritative figures available for the harvest yields on large scale SRC in the Baltic States. Estimations of the crop volume had to be made in comparison to regions with similar climatic conditions and the growth performance of common clones, taking into account measures from test facilities in Estonia, Latvia and Lithuania. Assessed like this, the average wood production lies at 10.00 tovd ha-1 a-1. The price levels for the wood sales in the market segment of SRC wood is robust for the internal market, as is the export demand. This is confirmed by a time-series analysis in which price fluctuations are evened out, for Estonia between 2003 and 2013, for Latvia between 2009 and 2014 and for Lithuania between 2008 and 2014. By calculating the annuity, the profitability of a SRC is evaluated using the example of an enterprise in Latvia. On the expenses side, real cost-figures for an area of 100ha could be used for the calculation, thus providing a data base which does not derive from only small experimental areas in Estonia, Latvia and Lithuania. On the market side, actual current market prices, backed up with long-term data series regarding the price level of wood chips, could be resorted to. In this calculation based on real figures, the cash-flow was illustrated. Money from the 1st and 2nd pillar was not added into the calculation due to the uncertainty of a positive decision by the LAD. The calculations show a positive result, indicating that a profitable management of a KUP is possible. A sensitivity analysis in which all cost and dendromass production figures where changed by 10% shows the stability of the calculation. Finally, a comparison of the annuity results to the income of a large company which produces annual field crops in crop rotation shows that the production of wood on agricultural land with SRC is the more economically sound alternative. Considering the agricultural outlook for the EU, one can draw from the overall analysis that a "division of labor" in which field crops are produced in the member states in which the climate aspects and the soil parameters are optimal is not supported, but rather inhibited. When the profits from the production of wood on agricultural land rise further, the market will, driven by the higher return of investment, cause that structural adjustment, despite EU subsidies.:Danksagung I Inhaltsverzeichnis III Abbildungsverzeichnis VII Tabellenverzeichnis VIII Abkürzungsverzeichnis XII 1 Einleitung 1 1.1 Diskrepanz bei der Abschätzung der zukünftigen Holznachfrage und der tatsächlichen Entwicklung 1 1.2 Tendenzen bei der Nachfrage und dem Angebot von Holz in der Europäischen Union 4 1.3 Positive Voraussetzungen für die Produktion von Holz in Estland, Lettland und Litauen 7 2 Zielstellung der Arbeit 11 3 Vorgehensweise 14 4 Stand des Wissens 17 4.1 Europarechtliche Bestimmungen für die Holzproduktion auf landwirtschaftlichen Flächen 17 4.1.1 Begriffsabgrenzungen 18 4.1.1.1 Abgrenzungen des Begriffs der Kurzumtriebsplantage von Wald 18 4.1.1.2 Waldbegriff der Europäischen Union 19 4.1.2 Kurzumtriebswirtschaft als landwirtschaftliche Tätigkeit 19 4.1.2.1 Erlaubte Baumarten für den Kurzumtrieb in der Europäischen Union 20 4.1.2.2 Agroforstsysteme im Vergleich zu Kurzumtriebsplantagen in der Terminologie der Europäischen Union 20 4.1.3 Gemeinsame Agrarpolitik 2020 21 4.1.3.1 Organe der Gemeinsamen Agrarpolitik auf Ebene der Europäischen Union und der Verwaltungsunterbau in den Mitgliedstaaten 21 4.1.3.2 Ziele der Gemeinsamen Agrarpolitik 2020 im Rahmen des Zielsystems Europa 2020 24 4.1.3.3 Instrumentarien der Gemeinsamen Agrarpolitik 2020 26 4.1.3.4 Finanzmittel zur Agrarstrukturförderung im Rahmen der Gemeinsamen Agrarpolitik 2020 36 4.2 Kurzumtriebsplantagen auf landwirtschaftlichen Flächen in Estland, Lettland und Litauen 37 4.2.1 Derzeitiger Bestand und Betrieb von Kurzumtriebsplantagen in Estland, Lettland und Litauen 37 4.2.2 Entwicklung der Plantagenflächen zur Produktion von Holz im Kurzumtrieb in Estland, Lettland und Litauen bis 2014 40 4.2.2.1 Estland 40 4.2.2.2 Lettland 41 4.2.2.3 Litauen 41 5 Analyse der rechtlichen Rahmenbedingungen in Estland, Lettland und Litauen zur Holzproduktion in Kurzumtriebsplantagen 43 5.1 Begriffs-Präzisierungen als Ausdruck der nationalen Verständnisse der Vorschriften der Europäischen Union 43 5.1.1 Waldbegriff in Estland, Lettland und Litauen 43 5.1.1.1 Waldbegriff in Estland 43 5.1.1.2 Waldbegriff in Lettland mit der Besonderheit der Forstplantage nach dem lettischen Waldgesetz 44 5.1.1.3 Waldbegriff in Litauen 50 5.1.2 Umtriebszeiten bei Kurzumtriebsplantagen in Estland, Lettland und Litauen 51 5.1.3 Zugelassene Baumarten für Kurzumtriebsplantagen in Estland, Lettland und Litauen 52 5.1.4 Unbestimmte Rechtsbegriffe für Nachhaltigkeit in den Waldgesetzen von Estland, Lettland und Litauen 53 5.2 Umsetzung der Förderbestimmungen nach der Gemeinsamen Agrarpolitik 2020 in Estland, Lettland und Litauen 55 5.2.1 Direktförderung (Säule 1) in Estland, Lettland und Litauen 56 5.2.1.1 Ausgestaltungen der Voraussetzungen für die Direktförderung 57 5.2.1.2 Instrumentarien der Direktförderung 60 5.2.2 Strukturförderung (Säule 2) in Estland, Lettland und Litauen 69 6 Wirtschaftliche Rahmenbedingungen für die Produktion von Holz in Kurzumtriebsplantagen auf landwirtschaftlichen Flächen in Estland, Lettland und Litauen 74 6.1 Parameter zur Definition der Angebotsseite: Verfügbare Produktionsfaktoren 74 6.1.1 Verfügbarkeit der Ressource Arbeit 74 6.1.2 Verfügbarkeit der Ressource Boden 77 6.1.2.1 Eignung von Flächen in Estland, Lettland und Litauen zur Produktion von Holz in Kurzumtriebsplantagen 77 6.1.2.2 Möglichkeit des Bodenerwerbs 79 6.1.2.3 Maßnahmen zur Erhöhung des Flächenangebotes auf den Bodenmärkten in Estland, Lettland und Litauen 82 6.1.2.4 Entwicklung der Preise für landwirtschaftliche Flächen in Estland, Lettland und Litauen 84 6.1.3 Verfügbarkeit der Ressource Kapital 85 6.1.3.1 Infrastruktur als maßgebliche Größe des volkswirtschaftlichen Sozialkapitals 85 6.1.3.2 Betriebliches Privatkapital als Investitionsvoraussetzung 86 6.2 Marktsegment für in Kurzumtriebsplantagen erzeugtem Holz in Estland, Lettland und Litauen 87 6.2.1 Potenzialabschätzungen für die Holzmärkte in Estland, Lettland, Litauen und für die Europäische Union 87 6.2.2 Nachfrage nach Holz in der Zielplanung für die Energiebedarfsdeckung in Estland, Lettland und Litauen 91 6.2.2.1 Planerische Ansätze zur Energieversorgung in Estland 94 6.2.2.2 Planerische Ansätze zur Energieversorgung in Lettland 95 6.2.2.3 Planerische Ansätze zur Energieversorgung in Litauen 96 6.3 Business Case für ein reales Unternehmen in Lettland 97 6.3.1 Naturale und monetäre Erträge von Weidenplantagen 98 6.3.1.1 Mengenerträge in Kurzumtriebsplantagen 99 6.3.1.2 Preisniveaus auf dem Markt für Hackschnitzel in Lettland 104 6.3.1.3 Preisniveauvergleich für Litauen und Estland 107 6.3.2 Kosten der Bewirtschaftung von Kurzumtriebsplantagen 108 6.3.3 Ermittlung der Annuitäten als Entscheidungsgrundlage 113 6.3.4 Betrachtung von Veränderungen von Parametern anhand einer Sensitivitätsanalyse 118 6.3.5 Betrachtung des Ergebnisses der Business Case-Berechnung 120 7 Diskussion der Ergebnisse 126 7.1 Hypothese: Das Regelwerk und die darin enthaltenen Fördermaßnahmen der Gemeinsamen Agrarpolitik 2020/Europa 2020 begünstigen die Produktion von Holz in Kurzumtriebsplantagen in Estland, Lettland und Litauen. 126 7.2 Hypothese: Die nationalen Ausgestaltungen der Bestimmungen der EU favorisieren nicht die Anlage und Nutzung von Kurzumtriebsplantagen in Estland, Lettland und Litauen 135 7.3 Hypothese: Die Produktionsfaktoren Arbeit, Boden und Kapital stehen in Estland, Lettland und Litauen in ausreichendem Maße zur Verfügung. 143 7.4 Hypothese: Die Märkte für in Kurzumtriebsplantagen erzeugtem Holz sind zu Preisen aufnahmefähig, die einen rentablen Betrieb von Kurzumtriebsplantagen in Estland, Lettland und Litauen erlauben. 145 7.5 Hypothese: Die Holzproduktion auf Kurzumtriebsplantagen führt zu höheren monetären Erträgen als der Anbau von annuellen Feldfrüchten in Estland, Lettland und Litauen 149 8 Zusammenfassung 152 9 Abstract 157 10 Literaturverzeichnis 161 10.1 Quellennachweis nach Autoren 161 10.2 Rechtsquellen 194 10.2.1 Völkerrechtliche Verträge 194 10.2.2 Rechtsquellen der Europäischen Union 194 10.2.2.1 Grundlagen für die Europäische Union 194 10.2.2.2 Verordnungen der Europäischen Union in chronologisch-numerischer Reihenfolge 194 10.2.2.3 Richtlinien der Europäischen Union in chronologisch-numerischer Reihenfolge 197 10.2.2.4 Delegierte Verordnungen der Europäischen Union in chronologisch-numerischer Reihenfolge und Entscheidungen 197 10.2.3 Rechtsquellen der Bundesrepublik Deutschland 199 10.2.4 Rechtsquellen der Republik Estland 199 10.2.5 Rechtsquellen der Republik Lettland 200 10.2.6 Rechtsquellen der Republik Litauen 201
Issue 29.2 of the Review for Religious, 1970. ; ASSOCIATE EDITORS Everett A. Diederich, S.J. Augustine G. Ellard. S.J. ASSISTANT EDITOR John L. Treloar, S.J. QUESTIONS AND ANSWERS EDITOR Joseph F. Gallen, S.J. Correspondence with the editor, the associate editors, and the assistant editor, as well as books for review, should be sent to REVIEW FOR RELIGIOUS; 612 Humboldt Building; 539 North Grand Boulevard; Saint Louis, Missouri 631o3. Questions for answering should be sent to -Joseph F. Gallen, S.J.; St. Joseph's Church; 32~ Willings Alley;,Philadelphia, Pennsylvania ~9~o6. REVIEW FOR RELIGIOUS Edited with ecclesiastical approval by faculty members of the School of Divinity of Saint Louis University, the editorial offices being located at 612 Humboldt Building; 539 North Grand Boulevard; Saint Louis. Missouri 63103. Owned by the Missouri Province Edu-cational Institute. Published bimonthly and cop':'rlgi~t ~) 1970 by R~-:w~-:\v at 428 East Preston Street; Baltimore, Mary-land 21202. 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Manuscripts, editorial cor-respondence, and ~oks for review should be sen~ ~o R~v~w roa R~mvs; 612 Hum~ldt Building; 539 North Grand ~ulevard Saint ~ouis, Mi~ouri 63103. Questions for answering should be sent to the address the ~u~fioas and ~we~ ~itor. MARCH 1970 VOLUME 29 NUMBER 2 Meditative Description of the Gospel Counsels Introductory Statement" Framed* in words and concepts Iamiliar to the last third o[ the twentieth century, this meditative descrip-tion oI the vows accents the pgetic nature of religious li[e: the "more than" dimension to a faith-existence; the contemplative, "'being" aspect oI religious consecration; the "useless" character o] anything which is an art, any-thing which is beautiIul. RELIGIOUS VOWS We share the richness of the lived experience of vowed commitment, as an institute and as individual members. Because of the radical and rapid changes occurring in society, we are called upon to re-think and re-articulate the meaning and purpose of religious consecration in today's world. It is a fact that we are now living our promises differently; therefore, there is a present need to speak of them differently. Today, more than ever, we need a positive explana-tion of the vows. Renunciation and detachment will always he valid and essential elements of this radical, total commitment. However, we must presently seek greater understanding of the YES aspect--the CHOICE OF LIFE. A spotlight on religious communities should reveal real people who live fully, love deeply, give totally, and enjoy life immensely. The three vows of consecrated celibacy, poverty, and obedience manifest the centrality of commitment to Christ in community. All three vows are facets of this ¯ This-meditative essay on the counsels was written at the request of the special general chapter of the Sisters of Mercy of the Union in the United States. Four sisters o~ the Union cooperated in writing the essay: Sister M. Catherine Daly, R.S.M.; Sister Patricia Smith, R.S.M.; Sister Marjorie Bosse, R.S.M.; and Sister M. Evangeline McSloy, R.S.M. The essay is printed in the R~v~w through the kindness of the superior general o[ the Union, Sister Mary Regina Cunningham, R.S.M.; Sisters of Mercy Generalate; I0000 Kentsdale Drive; P.O. Box 34446, Bethesda Post Office; Washington, D.C. 20034. + + ÷ The Counsels VOLUME 2~ 1970 193 The Coimsei~ REVIEW FOR RELIGIOUS 194: same reality. They are means to unity---community-- with God and with one another. Our vows can open us to all reality and, at the same time, help us to transcend, to .go beyond persons--to Person. CONSECRATED CELIBACY Chri~to~entric in inspiration and in direction, con-secrated celibacy, like all Christian values, has many dimensions. It is community-oriented, gift, faith-grounded, directed to the work of Christ, sign of what creation is and is called to be. In today's function-cen-tered, production-conscious society, the "waste" of celibate living signs to the absolute worth of the human person, to the being (as distinct from the doing) of man. Practica~ly and theologically, the celibate should be the universal pilgrim--moving on, challenging, opening up .narrowness, questioning preconceptions and vested interests. The religious, supported in her celibate com-mitment through community, signs beyond herself to the possibility of community. CONSECRATED CELIBACY is a free gift, a charism to be like Jesus Christ-- motivated by love [rom and for God to give undivided attention to the things of the Lord (I Cor 7:35) and to share in realizing God's kingdom. The celibate woman is sustained in faith because of God's promise to be ever faithful (Jr 31:33, 1 Pt 2:10; and so forth), experienced and nurtured in the dying-rising of the Paschal nlystery, trusting that there is a "more than" dimension to human life, to all reality. In her being and doing, the celibate stands as a sign of , God's love and active presence. By her being, she signs a~ a pledge, promise of harvest, hope (Key 14:4-5) to the proclamation of God's primacy in creation, to the reign of God as absolute, creative, fulfilling in her life, to the "already but not yet" tension between Christ'S first and final cosmic victory, to God's power in human weakness. Her consecration of her entire person to God, over and above any functional value she may offer, signs to the absolute worth of the human person in a tech-nological, bureaucratic world as a challenge to the priorities of that world. By her doing, she moves as pilgrim dynamically resdess, challenging preconceptions of ~'normality," the defini-tion of what it is to be human, and what it is to love humanly-- stepping in faith beyond the immediate to the uni-versal, signing to the personal, non-exclusive, non-possessive, and growth-giving love of God ¯ Bound to no one small circle, as Gospel woman ~he lives the Good News of Jesus Christ calling the whole human race, challenging any idol-atry of a particular nation, culture, religion, and so forth, free (and freeing others) for servi~ce, availability, heal-ing. Her use of her body signs that woman's sexuality is to be dedicated to many things; that to be woman is to be sensitive, kind, to speak truth, to share an interpersonal love . The celibate religious woman lives in a community built not on blood ties, ~ ~ but on a mutual drawing of person to person, and persons to Person, on ties of shared faith in divine power (Lk 1:49), shared vision of all that creation, under the Lordship of Christ, can be, shared support in her commitment to celibate lovingm witnessing to the possibilit~ of unity in a cosmos where men are searching to be one. VOWED POVERTY Christian history from its earliest beginning to the present day holds poverty to be a necessary part of the ~u'isdan life. It is a living out of the Gospel message: a genuine pilgrim people, humble and serving. Today more than ever before, however, poverty needs to be un-derstood in this true Christocentered approach. The "poor of Yahweh" must be grasped before visible ways of witnessing to poverty will be found. No longer can legislative interpretations be the guide to sharing in the poverty of Christ. P, eligious are living poverty differ-ently today and need to give expression to it in a whole new style of life---in a whole new manner of being; and of giving and sharing. The following statement is a simple meditative ap-proach to poverty which may hopefully stimulate a con-temporary thrust toward a creative reality of poverty in the lives of religious women vowed to poverty. The Counsels REVIEW FOR,RELIGIOUS 196 POVERTY is a dynamic human attitude toward life uniquely personal in expression seeking less to have than to be, and, in being to give expressing, personally and communally, a deep rever-ence for persons and things. Living in the manner of Jesus Christ, one vowed to. poverty accepts her total condition empties herself (Ph 2:1-I 1) seeks out the neighbors in need, using her gifts to serve them works in the same condition as people work today-- for a living. The woman truly poor, strives through her promise to trust fully in God as provider of all, even of life itself (Mr 6:25-34) to live without the assurance of tomorrow, in the glad-ness of today to accept humbly whatever God calls her to, to free herself of all unfreedoms, that she may share her person to offer all: voice to speak hands to touch~ heart to love openhandedly, to God's people through community In community, one vowed to poverty shares in the work of Christ: building the kingdom in an effort to affect more just distribution of wealth in personal responsibility for being collectively poor in the fruits of ordered minimalness: peace, joy in the present; hope, faith for the future In community of mercy, those vowed stand together corporately committed to simplicity of life possessing only to serve as a public sign before the world of Christ's all-sharing love stewards of the Master's goods held in trust-- feeding thepoor healing the sick teaching the uneducated visiting the needy, and so forth-- conscious that all things are theirs, that they are Christ's that Christ is God's (1 Cor 3:23) RELIGIOUS OBEDIENCE This description of obedience attempts to penetrate the meaning of an attitude much praised in Scripture: attentiveness to" God and readiness to do His will. Such an attitude is characteristic of the person who seeks out the ultimate meanings o[ things and goes beyond limita-tions: the person who lives by faith. This kind of person seems quite welcome in our contemporary world, par-adoxical though this might seem, agonized as this world might be over its own failures to promote human life, despite its marvelous successes in science and technol-ogy., athirst as it might be for those ultimates, those "beyonds" that give real meaning to life. OBEDIENCE is the power to seek out, to listen, and to hear the will of God. and the responsiveness, the readihess, to do it. Christians seek God's will in the leading of the Spirit speaking in the Christian community (Jn 1:29-51) Christ promised that the Father would send. "the Paradete, the Spirit of truth" (Jn 16:7-15) And they try to live as He did, whose very food was "to do the will of the Father" (Jn 4:80-8; 6) Religious vow to look for the Spirit,s promptings, and to do God's will with that community in which they have given them-selves, sure in faith that God will reveal His will among them, through the initiative and submission of all of them. through their personal struggles and mutual efforts to keep open to the truth in each one, accepting, appreciating, rejoicing in the different gifts among them, sure in faith, that He will make His will known ac-cording to role and need. Religious in positions of authority try to discern God's will by actively using all channels. It is a new insight on an old truth that the one governing is most in need. of the power to Obey. to listen., to hear. The call to leadership is a call to unify. Religious today realize anew, as did God's people in the Old Testament, that the Spirit speaks to the whole humart family through other signs, the "signs of the times": conditions, like afttuence and poverty, awareness of human dignity, racial tensions; events, like flights to the moon, assassinations and crime, team-work, celebrations, protests and dis-discoveries; people, like Eichmann and Ghandi, John Kennedy + + ÷ The Counsels VOLUME 2% 1970 and Martin Luther King, Jr., Dag'Hammarskjold, Dorothy Day, Jolm the XXlII, Darwin, Einstein, and Marx. PARADOXICALLY, The person who is growing in genuine obedience ~ 'becomes more and more humanly free (He who loses His life shall find it, Mt 10:39) Such a person becomes more and more attuned to the transcendent, alive to community, available for service, responding always anew ("God, here I aml I am coming to obey your will,'" Hb 10:7) + ÷ + REVIEW FOR RELIGIOUS GENERAL CONCLUSION The basic affirmation of Christian life: that God is our end, that all else is means, lies at the core of our under-standing of the vows. Ways of channeling our baptismal commitment, they proclaim publicly a choice of avail-ability, service. They point toward possibilities---of hu-man commitment, enduring fidelity, growth in process, becoming. They speak of and call us to live---a mystery. RELIGIOUS VOWS are means, signs of a personal choice: a commitment in faith to the God who is both among and beyond His people; a life orientation toward possibilities fo~ human actualization and for apostolic service; a radical attempt to incarnate the gospel message by living like Jesus Christ. Framed in terms of covenant, the vows intensify the God-man covenant made at baptism; acknowledge God's greatest gift--that He first loved us in Jesus Christ; express a human response to that gift; include the covenant relationship between God and the person, the person and her community. Public in nature, ecclesial in character, religious vows boldly proclaim as a "splendid and striking witness": a stance of constant presence before God, constant openness to the Holy in human life; an attitude of constant striving for more total avail-ability to God and to His people; gratitude for the mercy continually received from God through His people; communal commitment to the kingdom and to its com-ing. In a cosmos and among men viewed in terms of "proc-ess," religious vows attempt to express certain hu-man possibilities: of total self-giving, both in being and be~:oming; of fidelity amid change; of commitment not sterilely binding but creative; of growing in oneness in a fragmented so(Jety; of living mystery, in and through the Spirit, in a prob-lem- solving world. VOLUME 2% 1970 199, SISTER MARY FINN "Live--Do Not Be Overtaken by Death" ÷ ÷ ÷ Sister Mary Finn of the Home Visi-tors of Mary lives at 356 Arden Park; Detroit, Michigan 48202. REVIEW FOR RELIGIOUS I spend my evenings in an abandoned store a few blocks from our home in Detroit. The store is in the black community and is opened as a center for teenage boys. Last Spring we placed in the window a large pic-ture of the Black Christ. Invariabl~ every young man who stops and stands before the picture and looks--even for an instant--straightens up, puts his shoulders back, and stands tall. What loftiness is stirred whenever a man is faced and inspired and called beyond himself by an-otherl Great spirit and dignity and grace rise up when-ever a man stands before life. In looking up to this beau-tiful Black Christ young men are meeting the One who says: "I come that you may have life--more abun-dantly." A word today for someone who has life is "soul." When a black teenage dropout exclaims "Jesus has soul, man," he means very reverently what the Gospel means when Matthew says: "Jesus was led by the Spirit," or "Jesus is the way, the truth, the life," or "Jesus came that we might find life." Is there anything the ghetto searches for more than life? Anything the affluent, the student, the addict is more desperate for--than life? Our entire culture is hungry for life. Death prevails and abounds all around. We are men and women enclosed in a machine-centered world; encapsulated by professionalism and technology and humanitarianism; asphyxiated by accumulation of things and manipulation for power and craving for pleasure. Where does a man turn for life? What are the alternatives? Who are the sources of life in a technolog-ical culture? Religious are a people consecrated--really consecrated --to life in the midst of death. If ever our American culture needed religious people and institutions it is now --to show the individuals and institutions of our society that there really is an alternative to death., specifi-cally death.by-power, and death-by-wealth, and death- .by-pleasure. The alternative to dea.th-by-wealth is my vowed life of poverty. The alternative to death-by-power is my vowed life of obedience. The alternative to death-by- pleasure is my vowed, life of celibacy. This is the glory of religious life--that in ~/day when man is seduced unto death there are men and women and institutions consecrated to life. The glory of religious life is to bring men and institutions to LIFE. There are people in the world with a profound sense of life and people in the world with a deprived sense of life---life lovers and death lovers; people who lift up and people who cast down. I am a strange mixture of both. There is the death lover in me and the life lover in me: Reality is almost always experienced in the form of people, things, events. The death lover in me is fasci-nated by what is lifeless. I am scared and frightened by the wonder and mystery of life; so to protect myself from living I have all sorts of ways of exploiting people. The death lover in me handles people, manipulates them, disposes of people mechanically. I crave my own suc-cess and safety and will suppress a person who threatens me.The "music teacher" in Death at an Early Age is so threatened by the life, the artistry of 6th graders that she finds multiple ways to protect herself from life--to the point of kindly:killing creativity in the chil-dren. She squeezes the life out of one child, then another, and another, and finally brings about their death and the institution's death--all for her own safety. Only when she feels successful and becomes "master" of the child and has the child "under her control"--only then can she "praise" him. She literally kills the child; she desecrates life, snuffs inner life right out of a youngster because she herself is so deathly afraid of life. The death lover can't possibly be celibate with people because death-centeredness is violent and irreverent with life and to be celibate means to revere life--to initiate, foster, sustain life in a wonderful varie, ty 0f ways. This is'how the death-lover in me relates to people. Toward things the death lover in me is possessive. I ollect,~,hoard, and secure every little creature I desire, I'm threatened by what .I'm unable to possess and up-tight and" upset when. my "things" are slightly out of order. The woman in the Old Testament, who falsely claims to be mother of the child, is typical of the pos-sessiveness of the death lover. She prefers a properly divided dead child than to allow, the true mother pos-session of her living child. The,death lover can't possibly be poor because poverty VOLUME 29, 1970 ,REVIEW FOR REL[G[OUS 20~ is freedom from domination by things and liberation from enslavement to things. The death lover in me is possessed and "run by dead things." Toward events the death lover in me is fearful and forceful. I am dominated by a compulsion to control and master; power-hungry. My supreme values are power and order and having the situation under control--so well under control there is no room for variety or growth or spontaneity. The death lover in me runs the world like a great big machine. The death lover can't possibly obey because obedience means to listen and be responsive and available to the voice of life all around me. There is also the life lover in me, and the life loving me has special attitudes toward reality. As life lover I have a profound reverence for life--for people, th!ngs, events. I experience people with great joy and have a sense and belief in their almost unbelievable and won-derful individuality. For the life lover, every person is a special presence to be encouraged and brought more and more deeply to life. The death lover in me makes the individuality and uniqueness of the other a target--to be picked at and shot down. There is a lot of the sniper in the death lover. The life lover has a profound rev-erence for the life and specialness and individuality of the other, and when the other appears as unique the life lover in me becomes even more alive by coming to the support of the other who is being born in a new way. I foster and nourish the individuality of the other to be-come even more herself--more unique and individual. The death lover in me is scared and frightened and threatened by the specialness of the other so I become insecure with my own individuality. The life lover in me admires and promotes the specialness of the other and is at home and responsible for both the extensions and limitations of my own individuality. The attitude of reverence for my own individuality and the specialness of the other person is beautifully ex-perienced and expressed and sustained by vowed celi-bacy. My celibacy is an alternative to death-by-pleasure; a fundamental reverence for people--my own self and the self of other people. To be truly celibate means to be touched by life, to be brought alive by the uniqueness of the other and to bring others alive by my own unique-ness. To be celibate means to be a lively individual. It means I pulsate with vitality and generate an abiding attitude of personal and interpersonal reverence. The celibate in me is the great lover of life--re-creating life all around by my own wholehearted presence to life. Celibacy has a great lifting power. ToXbe celibate means not only to be at home with my cwn individuality and the individuality of the other, but to be creative even in unveiling the individuality of myself and the other. It means providing the truest con-ditions for unfolding life and immediately and ulti-mately manifesting the Lord Jesus. To be celibate has a lot to do with privacy and with being alone. Celibacy means I am able to be alone and to bring Out the individuality of the other who is alone. I feel my aloneness from my friend much more deeply than my aloneness from people less near, but if I really mean it when I say I respect the individuality of the other than I am able to "leave the other alone"--not to tamper or handle or seduce the other. My sense of alone-ness is an awesome sense of life and vibrancy, but in it I have moments of feeling my tendency to "prove" or "test" the closeness of the other to me. As soon as I do this--as soon as I try and touch and overhandle the intimacy of the other or overexpose my own intimacy --then I violate and betray my celibacy, and life disinte-grates- like a bubble. Being celibate and intimate with the other is more like two open hands cradling sand than clutching sand in my closed fist. Christ went about touching people--but what a difference in His touch and mine. Christ never touched anyone for His own sake-- to prove or test anything for Himself. He touched people only for the sake of their growth and life--for the sake of the Lord God. My sense of aloneness is a supreme moment of celibacy because it places me in an awesome experience of being born and coming to life. My celibacy is both a separation from "death" and communion with new life. As a life lover I also have a rather special experience of things. A great and wonderful multitude of things appear in my daily life: the things of technology--water that refreshes, clothes that adorn, vehicles that trans-port, gadgets that facilitate, books that illuminate; and all the wonderful things of nature--the enduring of a mountain, calm of a sunset, strength of water, grace of a flower, splendor of a leaf, gentleness of a meadow, free-dom of a bird. When things become more and more ap-pealing and plentiful and available the death lover in me looks and grabs and clutches. With some things I be-come overinvolved, infatuated, indiscriminate, cluttered. With other things I am cold, passive, uncaring, reckless. The life lover in me has a profound reverence for things and relates to them as a source of life and inspiration and celebration. The attitude of reverence and gratitude and joy for the gift of things is beautifully expressed and sustained by vowed poverty. My poverty is an alternative to death-by-possessiveness. Fundamentally poverty is reverence for things. To be poor in spirit VOLUME 4. 4. 4. $ist~,~ Ma~ Finn REVIEW FOR RELIGIOUS 204 is to be treed and serene and gra.ceful in the presence or absence of things. This experience of poverty redeems me from death, frees me trom domination by things, liberates me from enslavement to things. Poverty heals the break and rupture between myself and my posses-sions and restdres me and gives me a sense of wholeness and unity and harmony. The life lover in me has vision that penetrates and goes beyond the surface of things and enters into a communion with the inner meaning and life of things. Especially in a technological world this lively, delight-ful, restful relationship with things is not often found. It is fashionable to have and collect useful things, but not so fashionable to enter into the deepest meaning of things. To really commune with the heart of a. thing means I must take a kind of distance from its im-mediate usefulness. I can't rejoice when I look upon things too closely. Closeness in this sense suggests at-tachment and possessiveness. Possessiveness fills me with anxiety. Anxiety confines my spirit and ties me to the outer, superficial layer of the thing. When I stand back and am detached from the thing, then I become un-cluttered, unencumbered, and free to enter into the heart and mystery of the thing. It's when I come to the heart of the thing--to the center and the mystery of what the thing is--that I come to the moment of free and fruitful enjoyment. My poverty releases my spirit and my spirit breaks forth. I enter into and transform and bring to life whatever thing I touch. My poverty draws man toward great and abundant joy in things through detachment and reverence. Besides people and things reality is encountered in the form of events. The lover of life experiences events with a loose, playful, graceful spirit. We are confronted with all sorts of events---everyday. Events of nature: a storm, headache, double chin, expanding waisdine, gray hair. And we are confronted with the wonderful and fearful events of culture: change and growth and decay; and power and militancy and reactionary, traditional-ism; institutions and structures and systems. The death lover in me stands before events of change and growth, for example, with fear and suspicion--somewhat cold and calculating, overcautious and hesitant. When I move I move to control and enforce and restrain and master. For this I have need of power so I invoke "law and order." The death lover stands before events with a sense of fate and despondency. The life ldver is called to newer and greater and more profound life. by events of culture and nature. The profound reverence the life lover experiences for events is beautifully manifested by. vowed obedience and is a very precise alternative to death-by-power. Obedience means, fundamentally, .my reverence for events. Obedience means I am in communion with the deepest and most hidden and secret meaning of events-by listening. To obey means to quietly discover and listen to a secret. When I listen to reality I am born, raised up, and brought to life. Not drugs or inter-personal dynamics--but obedience--expands my con-sciousness, extends my horizons, uncovers my depths, brighten my vision, enables me to stand tall. When I listen to the mystery at the heart of a cultural or natural event I come into touch with myself at a new level, with the secret at the heart of the event itself, and ultimately and finally into touch and consciousness of the Lord Godmpresent and acting somewhere and somehow in the event. Each event then--when I am a lover of life--each event is a sacred event; a salvific event; redemptive. There is no event, no change or in-stitution or structure or sickness that is unholy. An event is not unholy. Unholiness is when I enter into an event in an unwhole or death centered manner. The obedient person is so much in love with life that she consecrates herself, vows to listen to the deepest voice of life all around her. She submits herself to the voice of reality in her culture and in nature in order to foster unity and reverence and serenity in the world. This listening experience of obedience is altogether different ~om the controlling experience. Listening is expecting.Controlling is handlingmtill there isn't any life left.' Neither of these attitudes toward reality comes in a pure form. In other words, the pure form of death lover or life lover is rare. The pure death .lover is insane. The pure life lover is a saint. Most of us average people are a blend. What matters is that I know and am aware and discerning of both movements within myself. Becauge of the profound need in our culture, and for the preservation and enrichment of the truest values of the society itself, and especially by the very real but simply unexplainable mystery of God calling me and touching my life in the way He does--I am one whose way is meant to be an alternative. I am consecrated to life in the midst of death, poverty in the midst of plenty, celibacy in the midst of pleasure, obedience in the midst of power. This is my call. It is a profoundly personal experience of the living God forever calling me to abundant life, forever faithful to me. I cannot ex-plain my call to another. I am able to describe some moments of it--but never explain it. It is mystery. I can only live it. The deepest moments of life are always born and unfold in mystery. But forever, somewhere in VOLUME 29, 1970 ÷ ÷ ÷ RL~VIE'~ FOR RELIGIOUS 2O6 my heart, I know well I am called by One who is faith-ful. His call to me is enduring. I experience His fidcli:.y as well and as really as my own infidelity. I may repress my call, cover it up, run from it, hide--but forever it is my experience to be called to center my life prhnarily and consistently around the living God. In fai,h and quiet readiness and humble awareness I am able to do this. In a predominantly technological and function cen-tered culture my religious life, then, individually and institutionally, is a radical departure from the system and the establishment and superficial values and struc-tures. "Radical" means "deep within" not "way out." Religious life is truly radical. By centering life (in this machine and man centered world) primarily and con-sistently around the Lord I take a radical stand toward reality. A function centered culture has its special at-titude toward reality. It prizes and gives priority to pos-sessing things, pleasing people, controlling events. To live in the midst of things with an attitude of poverty, and in the midst of people with an attitude of celibacy, and in the midst of events with an attitude of listening says in a radical way to the members and institutions of my function centered culture that there is another way, that there is an alternative. The religious is the alternative. She offers love of life as an alternative to death centeredness and ultimate religious meanings as an alternative to superficial and' peripheral meanings, and releases the Spirit as an alter-native to fixation on the material: God centeredness as an alternative to the merely humanitarian. This life may actually appear a bit too radical, too threatening for a culture so permeated and centered around values of possessing things, pleasing people, and controlling situations, and consequently may draw a kind of ridicule. The culture may do to us what we find our-selves doing to whatever we can't cope with. We either don't see it or we ridicule it. When this happens it be-comes quite difficult for certain personalities to remain available and receptive to the mystery of poverty, celi-bacy, obedience. They want to "rename" the experience something else, or explain away the mystery of religious living, or so rationalize their life that they become un-able to remain faithful. I may be tempted to question my call and to shift m~t centeredness to what is super-ficial and peripheral. To go on living, however, and to become the gracious recipient of misunderstanding and ridicule bestowed by a function centered culture--to be chastened and purified and to endure the ambiguity of it all--this is the "price" as Kierkegaard says of "willing one thing." The One Thing---or the One the religious wills is Christ Jesus. I make my willingness explicit by my vowed reverence for reality, and this very reverence is a profound alternative to the death and violence that thread through a culture where values are primarily and consistently functional. Religious community is a beautiful means of fostering and sustaining, religious centered life and discovering and manifesting the most radical and religious mean-ings of life. Religious community is radically different £rom other kinds of community just as religious centered living is radically different from function centered living. Reli-gious community is "where" religious life and centered-ness are born and sustained and enriched. Religious community is where we provide a home for each other and room for each one to be a special individual, where we joyfully engage ourselves in Christ's life and call each other to life and urge each other to go through the Pass-over togethermthe ultimate experience of life. Religious community is where we transform the life and attitudes, where we "expand the consciousness" of each other, where we are purified and healed and transfigured, where we enable each other to live as uniquely and fully as possible. Religious community is where each of us is marvelously engaged in telling one another the good news, inspiring each other to uncover the living God dwelling in her own heart, calling one another to un-cover her religious heart by her own special presence, encouraging one another to be a special individual and to share with each one in a grand variety of ways one's own special religious experience. Being together in religious community is being together in Christ. Christ is the center of our religious life, so together we initiate, form, and sustain a Christ centered life. We speak to each other by our religious living together: "Keep in mind Jesus Christ." In religious community there are all sorts of room for tremendous diversity--diversity of personality, inclina-tions, cultures, races, expectations, ages. Wonderful unity is born out of this diversity. Religious community is a heartfelt experience of Christ initiating and accomplishing redemption in me. I need His touch of redemption in my doublemindedness and indecisive conformity to peripheral values. I am inclined to betray life, to shift from religious to less ul-timate and radical living. But in religious community my sisters urge me out of darkness and death and sus-tain me in light and life. This fills me with a sense of joy and enables me to speak my courageous "yes" to live life religiously, to unfold my attitudes of expectancy and enthusiasm for life, my roominess and fxiendliness, VOLUME 29, 1970 207 ÷ 4- ÷ REVIEW FOR REL;GIOUS 208 my pioneering and prophetic spirit. Religi6us commu-nity gives my spirit direction, inspires me to face God and my sister and fellow man as an individual of great peace and inner unity and decisiveness to life whole-heartedly. My sisters call me toward the Unknown. They name me "sister" and ask me to share with them--not just what is external, but the hidden treasures of my heart. I need their light to quicken my desires and their help to form my consciousness and their inspiration that I may be graced with the ability to leave life alone and not overhandle and extinguish the breath of any living spirit. Religious community is where I make a home for my sisters and communicate to them the radical and ulti-mate meaning of life and my own radical consecration and identity. Religious community is life centered but not the center of life. When the community is actually religious the Lord God is our one Center. Community is a means of initiating, forming, and sustaining our God centered life. The purpose of religious community is to speak "Father, . Son," "Spirit"--to say to each participant: "K, eep in mind Jesus Christ; keep in mind your life center." If the community "says" anythingelse it is not religious community. If the community claims to be religious but in reality says: "I am the center of life," it lies and cheats and creates confusion and becomes more dead than alive. Religious community is reaIly meant to say--very simplyPto all its members: "Pray"; "be holy"; "be alive to the call of God in Christ jesus." Members of our culture who feel the call to live more radically--artists and students and black people-- look all about them for alternatives. When they look toward the establishment they see power, greed, pleasure. What are the alternatives? Where are they? Or rather-- who are the alternatives? The celibate me is a radical alternative to a. passion centered and pleasure centered culture. The poor me is a radical alternative to a pos-session centered culture. The listening, obedient me. is a radical alternative to a power centered culture. I betray the brightest, most creative and sensitive and radical people of my culture when I betray my poverty and replace it with preoccupation and fascina-tion with budgeting, clothing, entertainment, traveling. I betray these same people when I replace my obedience and creative listening with a preoccupation and fascina-tion for management, control, manipulation, domina-tion. And I betray them when-I substitute my celibacy with preoccupation and fascination with personal corn- fort and appearance, with pleasure, popularity, and maneuvering to be "in." A second remark by way of conclusion concerns replacements for the living God. There are all sorts of replacements. We e~ich have our own preferred variety, our own little gods and golden calves and plastic idols. One of the golden calves is humanitarianism. In place of Christ at the center of my life I put myself and humanity. In place of consecration I put commitment; in place of prolonged contemplative prayer, endless drawn out dialogue and interpersonal relationships; the institution and mass identity in place of the individual's uniqueness; majority rule in place of self-determination. In place of self-surrender I put self-consciousness; in place of life, death; in place of spiritual reading, study ~ind learning and the daily paper; in place of liturgy, secular celebrations; in place of intuition, measurement; in place of asceticism, ease; in place of mystery, proof; in place of recollection and withdrawal, overinvolvement; in place of the unknown, the' known; in place of dis-cernment, public opinion; in place of faith, ration-alism; in p/ace of insight, behaviorism; in place of re-sponsibility, conformity; in place of internalizing and personal appropriation, objectification; in place of in-spiration, explanation; in place of decision, discussion; in place of celibate community, personality compatibility; in place of harmony, specialization; in place of spiri-tuality, sociology and psychology; in place of spiritual direction, group dynamics. My fascination with nature may even become a re-placement and substitute for the living God. The touch of nature, the beautiful and artistic may well dispose my heart for the Lord God--or may become a substi-tute. Theology may become a substitution or replacement for spirituality. They are quite unalike., as different as Karl Barth and Thomas Merton, as different as Tan-querey and Teresa of Avila. Another golden calf is the crowd--which becomes a major replacement or substitution for religious com-munity. The crowd is the great killer of life and prayer and wholeness; the great and gigantic intruder upon the ground of the Lord. Crowd is different from reli-gious community. Community which is religious ini-tiates, fosters, sustains religious centeredness. The crowd protects me from the most radical depths of meaning because it deprives me of that authentic aloneness and true individuality necessary to go very deep. Crowd squeezes the life out of me and becomes a divisive and shattering force against my consecration. It is especially the task of the religious in the culture ,,L~,~ ~09 to be radically set aside from the crowd, to become an alternative and to inspire the peaceful individuality of the others. The religious is the one who is able to be profoundly alone and profoundly related to others. She is able to stand, to live outside the crowd around her by uncovering the uniqueness of her own life and re-specting the life of the other. The celibate religious stands in the culture, in the midst of men, as the one so consecrated to life that she refuses to exchange her cen-teredness around the Lord for assimilation and death in the crowd. I betray my call and my religious community and the entire culture whenever I avoid or repress or replace commtinion with the Lord God with any other com-munion. Religious are meant to stir up loftiness and great spirit and dignity and grace so that those who look upon religious life, even for an instant, may straighten up, throw their shoulders back, and stand tall because they have found life abundantly. Religious are meant to say to the culture in which they live: "Receive the touch of the Lord and live. Do not be overtaken by death." ÷ ÷ ÷ ~.~ter Ma~ F~nn REYIEW FOR RELIGIOUS 210 EDOUARD POUSSET, s.J. Human Existence and the Three Vows The Gospel texts* contain a threefold call con-cerning the kingdom: chastity, poverty, and the humble service, of others in obedience to the Father. Every Christian must necessarily reach a point where he real-izes that he is personally involved in this call and that he must, within the limits of his own vocation, conform his life to it. When this call makes itself heard in a man's life it penetrates to the very heart of his existence and invites him to make what can only be described as a staggering conversion. Everything that counts for a human being is, in fact, directly involved: marriage and a family and the possessions which his work and his freedom of action obtain for him. Whoever hears this call is obliged to reorientate his life and it can happen that a man will go so far as to renounce, . through a death and resurrection which transform him, the essential values of his existence: ¯. there are eunuchs who have made themselves that way for the sake of the kingdom of heaven. Let anyone accept this who can (Mt 19:12)¯ . sell all that you own and distribute the money to the poor, and you will have treasure in heaven; then come follow me (Lk 18:22). ¯. anyone who wants to become great among you must be your servant, and anyone who wants to be first among you must be slave to all (Mk 10:43--4). It was in this way that all forms of consecration to the Lord which include the vows of chastity, poverty, and obedience were born in the Church. These three vows do not in any way consist in marginal practices and devotions. Chastity renews the heart out of love for God and creatures. Poverty establishes a new re-lationship between man and the riches of this world. ¯ This article was first published in French in Vie consacrde, vol-ume 41 (1989), pp. ~-94. The translation was made by William Russell, S.J.; St. Joseph's Abbey; Spencer, Massachusetts 01562. 4" Edouard Pomset, S.J., is professor philosophy at Lea Fontaines; ~O-Chan-tilly, France. VOLUME 2% 1970 4. 4. 4. Edouard Pou~set, REVIEW FOR RELIGIOUS Obedience converts the desire for power and by so doing initiates man into true [reedom. The wows are man's very existence as it is lived out. in accordance with the death and resurrection o[ Christ.1 That is their greatness. But the renunciation which they entail has so direct, an effect" on the living sources and, the very structures of existence that today many are asking themselve.s if they do not doom those who pronounce them to live a life which is inhuman. And let us be honest about it, thi~ is a risk. What are these living sources, these fundamental structures of man's very existence? What does the gospel call to perfection entail? In what way are the vows a risk? How does someone live the vows? How can the risk involved be overcome by dying and being resur-rected jn Christ here and now in this world? Human Existence Man makes his appearance on the scene of life and advances in existence by a triple dynamism which un-folds in three essential activities. By means of these activities h~ develops a human s6ciety and thereby comes to understand what he is. First, there is the amorous desire which directs a human being towards his counterpart: man towards woman and woman towards man. It is this desire which is at the origin of the conjugal and familial society. Secondly, there is the power to transform and ap-propriate for oneself the natural universe which is the extension of one's body. By his work a man takes possession of this world and establishes' an economic society iri which the relationship between all the mem- XThis definition presents a difficulty, namely .that of being ap-plicable to every Christian life and not restricted to the religious life as such. Nonetheless, inasmuch as we are attempting to situate the religious life in its relationship to human existence in general and not to the life of Christians who are not religious this difficulty is of no consequence in this context. Those who would like a more precise treatment of this point may wish to consult Karl Rahner's article, "La thfiologie de la vie religieuse," in the collec[ive .work, Les religieux au]ourd'hui et deraain, Paris: Cerf, 1964, pp. 53-92. The fullness of Christianity--the perfection of love for God and man-can be attained without the vows. But religious life, because of the renunciation which it entails, "makes apparent in a very evi-dent manner and incarnates in an obje.ctive reality the faith in the supernatural grace of God which transcends this world." It is quite true that a Christian who marries, possesses his goods, and enjoys his independence can integrate the values of this world in a life of faith and thereby reach perfection. But because his existence (mar-riage, wealth, freedom) already has a value discernible by this world, independently of faith, "it does not make the transcendence of grace and faith evident in such an impressive way" (pp. 79 and 8~). And this is exactly what religious life accomplishes. bers strengthens the individuality of each one and each one's individuality strengthens the relationship which exists between the members. Thirdly, there is the desire to be independent, which is man's way of asserting his freedom when confronted by his counterpart, and his ability to conduct himself rationally. This desire is at the origin of the political society where interdependencies take shape which are the conditions of each one's freedom. Man is a being of nature, he is part of nature, but he is not, as is the animal, merely immersed in nature. He is consciousness, which implies that he can stand up to nature, look upon it as the object of his under-standing and his action, and so dominate it. A careful analysis of the relationship which man maintains with the world by sensible and intellectual knowledge would show that he is able to hold his own with everything that exists: the earth and sky and all they contain as well as what they cannot contain. The universe is his property, the object of his consciousness, and it is his vocation to make this universe---even though he is com-pletely exiled from it when he first appears in the world--his own. When he has emerged from nature, all of nature has at one and the same time been gathered together in him and remained entirely ex-terior to him. Both present to and absent from him, the universe is for him the object of a fundamental desire. And this sitiJation renews itself each time a human being is born. An infant is different from an animal in that the latter has particular, selective in-stincts, whereas the child reaches out for everything and puts it in his mouth. Everything is his. Because he is desire, the human being is desire to dominate and possess. But by coming in contact with others and experiencing the things of nature he is forced to adjust this desire both to the resistance he discovers in things and to the comparable desire he finds in others. The master finishes by finding his own master and .at times he even finds him,. in the servant he first sought to enslave. The oppositions and the struggles result in humanizing men by bringing them. little by little, to know themselves~ for what they are, to respect one another, and to get along with each .other. But because, he is desire, the human being, at the same time .as he is desire to dominate and to possess, is also the secret aspiration to find in another a subject simi-lar to himself who recognizes him without being forced 2 To I~ow onesell (se reconaRre): a precise phrase whose meaning is very strong. By mutual recognition each one sees and appreciates in the other what he is and even contributes to the creation of this value within him. 4. 4. the Vows VOLUME 2% 1WO 21~ + ÷ Edotmrd Pousset, S.]. REVIEW FOR REL|G[OUS ~14 to do so and who enables him to exist as subject as well. Without this aspiration no mutual and brotherly recognition would result from the play of forces and violence. It is this aspiration which, coupled more or less with the desire to dominate and to possess, sets man and woman in motion one towards the other: Man and woman are drawn by their very desire to seek in the other the subject, the 'T' which is able to affirm their own subjectivity, so that their harmonized reciprocity must converge in union . If man and woman succeed in giving themselves in a gift of mutual and equal assurance they can then embrace and merge in an act which establishes their unity? We have all known engaged couples and we know only too well to what extent the meeting between a young man and woman and the promise which they make one to another can transform them and develop in them potentialities which were hidden up to that time and cause them, as it were, to blossom. An un-questionable sign that they are, one for the other, be-coming more human. The relationship between a man and his wife results in the conjugal and familial society. By the union of the sexes the desire of the human being to possess nature and be recognized as a person by another person is fulfilled in a way that is partial and yet which takes the form of an intense communion. What con-stitutes the attraction of this relationship is not so much the pleasure, in the trivial sense of the term, but rather the intense communion with nature and with men. By his body each spouse recapitulates for the other all of nature, and this body is at the same time a free subject who gives himself to another subject whom he recognizes as being worthy of this gift. All the devia-tions and all the failures which can be blamed on the desire to dominate and to possess which is mixed in with the love drive do not erase the grandeur and the beauty of this mystery. Man and woman come to know one another and out of their union a child is born. By him they become father and mother. Paternity and maternity are not added on to their respective beings much like a particu-lar and accidental function; it is a re-creation of them-selves by themselves, and by their child. By this re-creation man and woman reach the fullness 6f their masculine and feminine beings, and no one who has seen a young mother bending over the crib of her little child or heard a father announcing the birth of his son could ever doubt this. All those who have 3 Gaston Fessard, "Le myst~re de la soci~tfi," Recherches de sciences religieuses, 1948, pp. 168-9, and again in L'actualitd historique, vol-ume I, Descl~e de Brouwer, 1960, p. 164. consecrated themselves to the Lord by the vow of chastity know these things, they think about them-- at times with nostalgia--and they would like to be no less man and woman, within their own vocation, than their married brothers and sisters. Nevertheless, we must not lose sight of the fact that the relationship between man and woman con-ceals an antinomy: that of love (the disinterested de-siring of good for the other and the hope of being recognized by him) and that of selfish desire to domi-nate and to possess for oneself. In marriage this antinomy is resolved but by a fragile balancing which is easily put into question. However successful family life may be it is the success of a particular group. Even harmonious--supposing they are so--family relation-ships retain the stamp and the limits o[ their origin: a biological generation which, of itself, produces only the particular bond of blood. But the human being requires a more universal society so as to become fully himself; this explains why the child once grown up leaves the family circle and enters a larger society, that of work, where he comes in contact with other men. This transition is brought about by a necessary movement: even before he experiences the narrow-ness of the family circle man must work to live and this work gives rise to relationships which are more universal than those of the family. To work is to confront and transform nature so as to take exclusive possession of it by adapting it so that it becomes one's own. Whether it be the first gathering together of things by the cave man or the building of a space capsule it is always man appropriat-ing nature, By his work he procures the goods which satisfy his needs (consumer goods) and which extend his individual body into the world (tools, equipment). This appropriation of the world by man is not only r~ecessary for his sustenance; the strengthening of his individuality depends on it as well. Even supposing that he has what he needs to satisfy his animal need to eat and drink, man, without his house and the objects with which he fills it, without the tools of his work, would scarcely be a man at all. He needs to possess these things so as to reinforce his existence in the world. Without them he is a poor creature indeed. Step by step he must possess the entire universe. The world, t~ansformed and organized by work and tech-niques, is man's body. To make the world and its riches one's own is a human act as spontaneous as it is necessary; it stems from a need, itself as undefined as the desire behind it. It is this need---the limitless ÷ ÷ ÷ VOLUME 29, 1970 ÷ ÷ ÷ Edot~r. , d Pousset, REVIEW. ~FOR ,RELIGIOUS 21,.6 multiplicity of needs and their satisfaction--which gives birth to the economic society. By means of his work man extends his intelligence and his strength .into a produ.ct Which he fashions as he distances himself from nature. This produtt, the re-sult of his work, is at first exterior to him, but in a second time it must return to him in one way ,or an-other so that he might consume it and thereby satisfy his needs. This is the circuit which takes shape: work stemming from a need; the producing of an exterior object; the appropriation and satisfaction of a need by consumption. But as he works within this circuit man comes into contact with other men as well as with nature and these men, in turn, are also at work. Their meeting gives rise to an indefinite and indefi-nitely more complex development of this circuit: in-stead of consuming the product of his work directly he exchanges it for the product of another. Exchange is a factor of progress and by it, so long as one is also a producer, one can obtain things under the best of conditions and at the lowest costs. The more a society develops the more the rate of exchange is intensified within that society and the contrary is equally true. But the desire to dominate and possess which is at the very heart of man enters into this circuit of produc-tion and exchange and throws of[ the mechanisms thereby causing all sorts of disorders and frustrations to the detriment of one and all and even to entire classes of society. This desire is at the root of the social conflicts which periodically disrupt the life of a nation. No economic system has yet found the solution to the contradictions which arise within human activity. When a solution is introduced at a given point, as in the socialist system which deprives private property of the means of production, difficulties spring up at some other point. The economic sodety does not possess the means of resolving the problems it generates. In addition, the economic society' exists only Within another .sphere, the political society, which comes into being as a r~sult of the relationship of one man ~o another. Man, as he emerges 'from animal nature, comes in contact with another "man and a domination of one over the other is the consequence of their encounter. WithOut this dominatiori of a "master" who forces his "slave" to work, the elementary needs which the hu-man being feels would have led him only so far as to~ instinctively gather up things or to hunt and this would not have been enough to draw him out of his animal nature. If the young schoolboy was not~ obliged by his teacher .to make straight strokes beiween the lines of his notebook or to decifer the marks in his school book he would never do much more than scribble, he would never learn to read and write and he would not become intelligent. At the root of all human and humanizing activity there is a discipline, a law, either one which man's reason imposes upon himself once he has become reasonable or one imposed on him by an-other in those areas where his reason has not yet at-tained full competence or efficiency. When a man comes in contact with another, author-ity is made apparent, as is obedience. The one and the other are necessary for the development of ]reedgm which is, in the final analysis, the value with which the political society is chiefly concerned. Whether it is a question of a band of thieves or a group of disciples which a saint gathers about himself, the authority of the leader is asserted and accepted as a fact. It is then legitimized by the feel and concern for the common good of the group which is evident in the person of the leader. This will be the very basis of the obedience of the members of the group. The dialogue between leader and subordinates stems from this mo'tivation" of the common good, and it is this dialogue which defines the obligations and rights of each one. Thus the flee dom of each member keeps pace with political society as it develops, whether it be a gang, a clan, a nation, or an empire. It is in political society that the desire of each one to be free and responsible for his conduc( takes shape. This determination, as in the case of the love drive and the act of making the world one's own, comes from the very depths of man, from what I have referred to above as desire. It is inalienable and s6 powerful that it is capable of setting in motion entire peoples fighting for their independence, for. and against anything and everything. It is good in itself but it can deteriorate both in an individual and in societies into a desire for power and a sense of pride which affect political relationships more or less seriously and at times provoke the most violent of conflicts be-tween individuals or peoples. Such, summarily analysed, is this third sphere of human experience, that of the relationship of man to man as he is taken as a human being independent of the man-woman distinction. It is the political society which attempts to integrate with-out destroying and to unify without confusing the two preceding spheres: the family and the economic so- .ciety. Amorous desire, the power to appropriate the uni-verse for oneself, the determination to be independent, free, and responsible are three "drives" which can giv, e birth to three passions or sins: the inordinate desire of the flesh; the thirst for riches and for self; the desire. t ././././~. l,'otus VOLUME 29,~1970~. ~ '" . Edouagd Pousset, $.]. REVIEW FOR RELIGIOUS for power and pride of spirit. The gospel call is not only addressed to these three capital sins, however, but reaches us at the very heart of our existence, inviting us to live according to the paradox of death and resurrection and thereby to go beyond ourselves towards the Love which is the life of the Holy Trinity. The Gospel Call The gospel call to chastity is one addressed to all. Some live chastity by remaining single while others-- by far the greater number--live it within the ~amework of a monogamous and indissoluble marriage. On this point Christ. preaches more by His silence and His own example than by what He has to say. Yet He also speaks of it in these terms: . there is no one who has left house, wife,¯ brothers, parents or children for the sake of the kingdom of God, who will not be given repayment many times over in this present time and, in the world to come, eternal life (Lk 18:29-30). These words were first addressed to a man who had heard Jesus, the messenger of the good news, and who in turn desired to be God's herald. He had to be ready to leave everything at a moment's notice for the sake of the kingdom. "Because of my name" Matthew writes. This phrase from Luke quoted above sums up what is essential: to follow Jesus for the sake of the kingdom which, for some at least, includes the two conditions of detachment and freedom of action. In another pas-sage of St. Luke we find a similar warning but in this instance it is worded in the form of a far more general requirement: "If. anyone comes to me without hating his father, mother, wife, children, brothers, sisters, yes and his own life too, he cannot be my disciple" (Lk 14:26). And our Lord adds: "Everyone who divorces his wife and marries another is guilty of adultery and the man who marries a woman divorced by her husband commits adultery" (Lk 16:18). Finally, at the conclusion of his teaching on the prohibition of divorce which so puzzled his disciples, Our Lord sets the price even higher when he speaks of "eunuchs who have made themselves that way for the sake of the kingdom of heaven. Let anyone accept this who canV' (Mt 19:12). Some have supposed, perhaps rightly so, that Jesus was referring to examples familiar to His listeners, John the Baptist for instance. They ask themselves if, in this comparison, He was thinking of perpetual con-tinence. Are we reading into these texts if we find in ¯ In parallel texts neither Matthew nor Mark make mention of the wife. them what Christ taught about the freedom r.equ, i~ed,, for following Him? Or does this interpretation take the edge off the point of our Lord's statement? J.-P. A,udet, who is not one to exaggerate the meaning of texts, asks himself these very questions and finds it ,preferable "to consider that Jesus was effectively thinking of the free choice of perpetual continence." 5 In the light of the example of our Lord tradition has interpreted this declaration as a. call to religigus chas-tity kept for the sake of the kingdom. Though the call to poverty recurs in numerous tex~ts, it appears at times to be addressed to very few: "If you wish to be perfect, go and sell what you own and give the money to the poor, and you will have treasure in heaven; then come, follow reel (Mt 19:21). And yet this call is re-echoed in a warning against riches which is addressed to all: "How hard it is for those who have riches to make their Way into the king-dom of Godl" (Lk 18:24). In their primitive context these calls and warnings are to be understood as con-ditions for greater freedom necessary for one who car-ries the good news to others. They do not imply the condemnation of riches, even if they do underline the possible obstacle riches can be for those who hope for the kingdom. These calls become, in other passages, very general requirements which have to do with every disciple: Sell your possessions and give alms. Get yourselves purses that do not wear out, treasure that will not fail you, in heaven where no thief can reach it and no moth destroy it. For where your treasure is, there will your heart be also" (Lk 12:33-4). One must be careful not to hoard: "Watch and be on your guard against avarice of any kind, for a man's life is not made secure by what he owns." (Lk 12:15). Free with regard to the goods of this world the disciple abandons himself to providence: "But you, you must not set your hearts on things to eat and things to drink . Your Father well knows you need them" (Lk 12:29-30). Poverty is not sought out for itself; it is desired for that confident abandonment which prepares us for the intimacy of the kingdom. By poverty man becomes like unto God, a child o[ the king-dom; he follows the lead of the Son who is supremely poor (and thereby rich) in His relationship to His. Father. Because of one's poverty which makes~ him a child of the kingdom the hundredfold is repaid him here and now. As regards obedience, which is not the object of a for- ~ J.-P. Audet, Mariage et cdlibat dans le service pastoral de l'Eglise, Paris: Orante, 1967, p. 58. . ¯ . 4. 4. 4. Existence the Vows VOLUME 29,,1970 . 219 mal call in the gospels, it is, as seen in the Son of Man, the very heart of His mystery: "My aim is to do not my own will, but the will of him who sent me" (Jn 5:30). But the will of the one who sent Him was that the Son give His life for many: "For the Son of Man himself did not come to be served but to serve, and to give his life as a ransom for many" (Mk 10:45). He calls to a service which He Himself has fulfilled in obedience to the Father: to become the slave of all as He did whose "state was divine, yet., he emptied himself to assume the conditions of a slave., even to accepting death, death on a cross" (Ph 2:6-8): You know that among the pagans their so-called rulers lord it over them and their great men make their authority felt. This is not to happen among you. No, anyone who wants to be-come great among you must be your servant, and anyone who wants to be first among you must be slave to al'. (Mk 10:42-4). This is how a man enters into life: "I have come so that they may have life, and have it to the fulF' (Jn 10:10). By religious profession this threefold call becomes the institutional norm of those who are called to this vocation.6 But confronted with what man is ac-cording to the dynamism of his nature, namely desire, the power to dominate and to possess the earth, and the determination to be independent, this gospel call institutionalized by the vows raises a problem felt very keenly in our times. Is it human to renounce the carnal expression of love, to renounce all goods, and to submit one's will to the power of another? Does the renunciation called for by the Gospels succeed in opening man up or does it accomplish just the opposite by imposing frustrations, on him? The Risk Involved in the Vows If the renunciation spoken of in the Gospels leads to a resurrection in this world it will be seen that it e Even if life in a religious institute is not the vocation of all, the renunciation called for in the Gospels does concern everyone in that all are called to perfection, to the kingdom of God, and to love, Man and wife, as they enter into a fruitful union and thereby collaborate by marriage in the creative work of God have to make their way as Christians towards the resurrection. They must be attentive to the grace which will perhaps predispose them and permit them to un-fold by choice, here and now, into the life of the Kingdom "where men and women do not marry" (Mk 12:25). Even those whose voca-tion is to make the earth bear fruit and to organize existence in this world are invited to become poor with Christ who was poor. Finally, in accordance with the diversity of states of life all Christians have to share the mystery of the Son who "'emptied himself., even to accepting death" (Ph 2:7-8) by living in such a manner as to make it apparent to all that they are disciples of the Master who "did not come to be served but to serve" (Mk 10:45). re-creates man and that it will not work against him except insofar as it enables him to be fulfilled over and above what he might have otherwise attained. But does this renunciation spoken of in the Gospels actually lead to a resurrection here in this world? Isn't it, for many who have embraced it, merely putting up with a num-ber of frustrations? Isn't it rather a question of slipping into and getting bogged down in mediocrity? Faced with this question one can first point out that the human being becomes human only to the extent that he exercises a certain interior asceticism over his spontaneous drives and converts their instinctive vio- ¯ lence into reasonable behavior. Without this the love drive, the power to make the universe one's own, and the desire to be independent are neither human nor hu-manizing. Yet it is quite true that the renunciation of the Gospels goes beyond this interior asceticism. Not only does it discipline nature, in a sense it contradicts it: to die so as to be reborn, yes, but to die, and in a very radical sense. If this is lived out in an awkward fashion it can give rise to harmful repressions and frustrations. This is the risk involved in the vows; this is why they are sometimes said to be "inhuman." But this does not tell the whole story behind the vows and the renunciation requested in the Gospels. If such were the case we would be left with the as-surance that they are both bad and harmful. Nor is this, generally speaking, the initial experience of those who embrace the religious life.7 But it is one aspect of the truth; it is a moments in Christian growth and development as the experience of religious life shows us when the daily ordinariness is felt over a period of 7 Most young people who respond to a call to a religious or priestly vocation experience their consecration as a fulfillment rather than as a profound contradiction or frustration of their being. Generally speaking di~culties arise later on in their religious life. s,,Moment,, implies a "stage" or "point" within a development. What is characteristic of a "moment" is that it contains all the re-ality which a development will eventually produce but without as yet making it apparent in an adequate way. Reality at this stage is seen under one or several of its aspects but not as yet in its totality. Therefore at a given moment when the renunciation spoken of in the Gospels and the vows themselves are felt to be "inhuman" we have an example of a partial truth overshadowing a more complete one: that the vows do not contradict man's fundamental dynamism except insofar as they enable him to outdistance this very dynamism and so fulfill him in a higher order of reality. To the extent that the religious will enter into this higher order of reality the more clearly will he recognize that the vows, far from being inhuman, are actually eminently humanizing. In certain periods of crisis or de-pression this more total truth can be entirely obscured. At such a time the partial but very real aspect of the truth--that the vows contradict human nature and can in a sense be said to be "inhuman" --is sometimes felt very acutely. the Vows VOLUME 29, 1970 221 Edouar d : Pousse t, REVIEW. F.O.R RELIGIOUS 222 -:years, when one finds it difficult to accept events, situa- ~tions, others, and even oneself, when disappointments .and deceptions begin to weigh on us. But this reality is. no scandal. For. those 'who have experienced the ups and. downs of their religious existence it is, in a sense, liberating. One can actually profit from such an ~experience by carefully evaluating it and seeing it as it ~eally is: limited, partial, and always there in the background. . This "inhuman" side o[ renunciation and the vows is especially noticeable when one confronts the celibate religious with the essential dynamism which draws man and woman one to the other and which finds its ¯ growth in the unity of a fruitful love. In the marriage .state ,perfectly happy lives are, without doubt, less numerous than those would have us imagine who are :sooyery alert to the failures or half-failures of religious life and who place, the cause of these " failures squarely on celibacy. It is nonetheless true that when we ~consider the physiological and psychic make-up of man .and woman, human love and its carnal expression .oppear as both the means and the goal of their ful-fillment ¯ here on earth. Human beings develop through :relationships;. and the richest, the most fruitful, the most humanizing of relationships seems to be that of a .man and woman united in a love which generates free-dom and responsibility. In marriage even those who are not destined to enjoy "the tomorrows that sing" experi-enc_ e,, at least in the beginnings, the joy of loving and ~being loved, the unfolding of an immense hope and .fll. e certitude of having found it. When their sexual attraction, diffused up to that time, is centered on a chosen being, man and woman, by the exercise of their freedom, reach maturity and enter concretely into a di~alogue which creates an even greater freedom. Their love~ in its carnal expression, because it is pledged ac- .cording to the concrete conditions of this freedom where each one is, for the other, a permanent appeal for a gratuitous love, must of necessity rule out whatever is ambiguous and whatever causes the possessive and domi-nating instinct to weigh heavily upon it. This may or may: not be the case; love can renew itself each day or it can slip into the trite and the ordinary; freedom can either grow or, on the contrary, become an alienato i~i~': force. The precise conditions of this creation and gr.o.wth 'are, however, given' to us: a man and a woman who choose one another accept whatever a life lived t6gether .entails, the grandeur as well as the risks of a frutiful union. /OppOsed to this is the notion that one who remains celibate or who chooses celibacy deprives himself of the very means of reaching maturity. He will, in any case, probably be longer in reaching that maturity. And doesn't the universal availability of the celibate conse-crated to God, an availability which does not link him to any one person in particular, mask an escape? Doesn't it place him outside the real conditions of af-fective life?° Finally, doesn't the ,sexual drive, contra-dicted in celibacy, run the risk of being kept under control by being repressed inasmuch as it does not find, it would seem, an expression which channels it, disciplines it, and makes it fruitful in directing it to the service of a creative love? These questions are by no means merely theoretical. Religious poverty gives rise to problems which are probably not so delicate as those raised by chastity. Poverty has to do with things and reaches the human being less directly. What would create a problem today is not so much religious poverty as the lack of it. We question ourselves more about the way of living poverty than about the means of remedying eventual inconveniences. Among possible inconveniences we should perhaps mention infantilism or the failure to fully realize what is involved in money matters or at least a superficial attitude which produces and sustains ir-responsibility in matters of purchasing and budgeting. He who has vowed poverty expects and in fact receives everything from his community without for the most part having to experience the price of things directly. These are serious lacunae. They indicate that we have neglected to face up to this objective and fundamental problem: that of work and remuneration or, to put it another way, that of the exchange of specified services. A child can expect everything from his parents; but an adult, if he is to avoid falling into infantilism, cannot expect unlimited services without asking himself the question of reciprocity and remuneration, the question of ,paying back. Money, in this sense, is not seen in a sinister light. It is a precise and very respectable in-strument of adult behavior. A poverty which would keep the religious on the outside of financial problems would be quite vain and perhaps even ambiguous, especially if it were based on a contempt for money. Poverty at times gives rise to another inconvenience. It consists in asking one's superior or his or her delegate ~A psychoanalyst asks this question: "How can we speak about the affectivity of someone who has put himself in a position where he will not be affected by anything or anybody?" Even though his question does not correspond exactly to the reality of the situation it does serve to focus our attention on still another aspect, that of the celibate consecrated to God who is not dependent upon a loved one--husband or wife--who might eventually betray him. .4, E~istence and the Vows Edouard pou'sset, . Sd. REVIEW ~FOR REI.IGIO~J~ :224 .fbr; everything and a bond of dependence is thereby created: poverty of dependence. If this dependence is strict and experienced down to every detail and for things insignificant in themselves it can result in a minuteness and a niggardliness entirely opposed to gpiritual freedom. To be able to pay for what one finds pleasing or what answers .a need favors a certain autonomy of the person which is in line with the human order of things. Close dependence on this point with regards to another can conceal a repressed and petty enviousness completely lacking in dignity.1° As regards the vow of obedience it too, as in the case of chastity, reaches the person at the heart of his human 'existence. Some, dreaming of a fraternal society with-out a "father," do not understand that a human being cannot become himself and assert himself without a relationship of authority. Such people look upon the vow of obedience as one of the most inhuman of aber-rations. But even when One admits the necessity of authority and of interior asceticism for converting instinctive drives, the vow of obedience, inasmuch as it pushea this asceticism to the very renunciation of one's own will, will seem to go too far and fall,, by excess, into something inhuman. Such a person will be unable to see that the sacrifice of one's will makes us die so ag 'to be reborn to the will of God, to the will to at-tain the kingdom of love where each one is truly him-self, above and beyond that which he might want very much. But if the secret of this death and resurrection is not clearly seen it is because it is something difficult to live. Because of their deficiencies religious are fre-quently the cause of the objections formulated against 'their way of life. It is so difficult to live freely accord-in~ g to the spirit of the kingdom of God in complete renunciation of one's own willl It is so very difficult to 'die to self so as to be rebornl Quite a few of those whb have made the vow adopt a middle-of-the-road solution~ which lacks both human and religious truth-fulness. Some, in fact, take their obedience lightly and .SO put themselves in a false situation. Others enter ¯ materially into the behavior required by obedience or tolerate a type of guardianship and even at times con-. form themselves to the will of superiors but without being able to renounce in depth their own will and judgment. This is not what is meant by dying so as to rise again. Rather ~hey live in a state of subjection which only frustrates them. It happens that the per-sonality is more or less stifled--only a moulage is left-- 1°This is perhaps more evident in communities of religious women. ~nd if at times iio bitt~tlless is felt ~of6 often thatt not the religious harbors secret resentments. Are the vows for or against mah? On the factual level the reply to this question is not all that evident. And this very situation favors the opinion of those who consider it hazardous or prejudicial to go against the fundamental dynamisms of human existence so completely. Living the Vows As impressive as the obj.ections are which one can raise against the vows, the strength and clarity of the gospel' call do not allow us to put into question the consecration to God by chastity, poverty, and obedience. In addition, the experience of those who are living the vows does not in any way lead them to think-- except perhaps in a moment of crisis or prolonged de-pression- that they are on a dead-end street even if in terms of human or spiritual success they still have much ground to cover. They see only too well the difficulties and even the risks involved in the religious life but they do not experience them as dangers ~rom which there is no escape or as barriers thrown up along their path. Many, by far the majority, are convinced that they were not deceived by the youthful eagerness of their early years in religion and the spontaneous joy of their first gift to God. But let us consider those religious men and women who have not yet attained the heights of perfection and who have not yet penetrated into the mystery of the death and resurrection of Christ. These religious know and feel that their vows have made them men and women with hearts full of love and wills that are free. They are frank and honest in their way of thinking as they go about converting all the relation-ships which constitute their human existence in society. What type of life do they lead? In our communities many attain a fundamental ad-hesion to the will of God, one which frees them from whatever tends to imprison their human intelligence and will. They owe this freedom to their obedience. In their superior they find a presence which helps them to see clearly. On their part they reflect and explain their reasons to him and his agreement confirms them in truth. If it is "no"--and they are ready to hear and accept this "no" without bitterness---they see themselves as being caught up in the search for a truth which is, for the time being, still beyond them, one free of self, of self-affirmation, self-seeking, self-interest. They know that they are no better than anyone else; to some degree their desire for power is still a factor to be reckoned ÷ ÷ ÷ Ethx~i sote Vnocwe s~and .'. " VOLUME 29, 1970. :.:., Edot~rd Pmuwt, SJ. REVIEW FOR RELIGIOUS with and their zeal, as generous as it is, still runs the risk of being warped by an instinct to possess and to take pleasure in things for themselves. This instinct is, in their eyes, a devouring weed even if it does not spread into everything they do. They do not dramatize their situation though they know that the most contra-dictory conceptions of the world and the most ruinous enterprises take root in this very desire for power and in this appetite for enjoyment. By allowing themselves to be converted by obedience they further the canse of peace and unity among men before God. For them to obey is to enter into the action of the all.powerful Master who renounced His power to the point of be-coming a slave and once a slave He did not attach Him-self to existence, as is ordinary in the case of a servile being, but rather accepted death through obedi-ence. This two-fold action is reciprocal as well: the God who becomes human uproots all desire for power of the "master" in us who wants to impose himself, and the man who is God frees the slave (ourselves) from his subservient attachment to life and enjoy-ment. Whether it is a question of moderating their tendency to dominate a discussion and so fall in line with the superior's will or not treating themselves to a cool drink on a hot day these religious are allowing them-selves to be transformed by this double and reciprocal action of God made man which is, in act, the salvation of the world. This is hard and mortifying on certain days, though their sacrifices are not without their hu-morous side, and as they are thereby reborn they are also called to die a little. Christ said that "my food is to do the will of the one who sent me" (Jn 4:34). It is a joy which nourishes us with the feeling that we are participating in a day to day way in the very mystery of the Son of God and in His lifel At times we protest against this obedience of judg-ment and yet it is this very obedience which com-pletely converts the relationship of force and inequality which, in all authority, exists between the leader and his companions. By this obedience they share the joy of serving the same Lord together, in a friendship which draws them close to each other and makes them equal. But as long as the judgments of the superior and his brother religious have not become as one--the su-perior accepting an attentive exchange with the religious and the latter in turn making known his reasons only so that he might better enter into a plan which may not, at the outset, be his own--a relationship of domination and submission persists. The decision reached under these conditions will be one in which the religious who obeys will be changed by the will of the ~superior. but his own judgment will remain outside their re: lationship. If, on the contrary, he is able to share the. judgment of his superior, all trace of submission ,dis-appears, leaving place for the communion of the two in truth as they both see it: a communion in joy and friendship. Obedience does not always lead to this, friendship and joy which are the ultimate truth of all authority, but there are those who experience it in their communities or in their .small apostolic groups. Others are still looking for .and hoping to attain this "friendship which draws close . " It is quite, true that those in authority who are narrow and .who do. not. possess all the necessary qualities continue to create. situations which we would hope never to see agkin in, religious life; but the sufferings of those who put up with these situations in no way cancel out this joy and hope for even there where no solution is apparent the mystery of the Master become a slave who ac-~ cepted death carries on its work of life. To die so as to be reborn: that is the mystery of. obedience. It is also the mystery of poverty. The poverty of the Gospels is a prophetic call inasmuch as it is set down as an absolute requirement for .entrance into the kingdom of God. The statements concerning it are uncompromising, categoric; they, too, are but a part of an incarnation which liberates. At first glance this call does not appear to take into consideration. the building up of this world by man who must con-tinue the work of creation. Immediate, material poverty, the literal conformity to the call of the Gospels: "Go and sell what you own and give the money to the poor., then come, follow me" (Mt 19:21) will quickly knock the supports out from under those who hold to some archaic fantasy or to a form of parasitism in this regard. When he vows poverty man does not thereby escape from the conditions of a creature who has needs. If he did he would become the parasite of those who possess because they work in lucrative enterprises. Perhaps he, too, would work, but in a gratuitous way by devoting himself to an activity which would not assure the satisfaction of his vital needs. Even if the work he is doing is being done out of his concern for the kingdom of God, the. fact remains that he would not be earning his livelihood; he would have to have some-one richer near at hand so as to be able. to live in his poverty. There are those among us today who have eXperi-enced the scandal of rich religious institutes or at least of institutes whose poverty is not meaningful for our times. These religious have heard the call of the Gospels 4, Existence'. Und ,.~ VOLUME !29,, 1970 :,.;~ ' 227 REVIEW POR RELIGIOUS aga~ln but they want neither fantasy nor parasitism. They feel that there is a disinterestedness with regards to the problem of money which can be a misunder-standing of precise human obligations. They have con-formed to "Go and sell what you own" but they are also clearly aware of the content of ". then come, follow me." For them to follow Jesus in poverty is to set out on a road of patience along which one takes into consideration the conditions to which he is sub-jected by his nature as a being who has needs. If they are to follow Jesus they must first submit with dis-cernment to the economic laws of their own historical context, .a context which can and does change. By their personal renunciation--"go and sell what you own"--they are in a way prophets as was the Messiah who had no place to lay His head. By humbly accepting to bear with the machinery of an economic system they are being faithful to Jesus who lived among men. And if this system should oblige them, if not to be owners at least to enjoy social rights and to receive benefits due them because of these rights, they accept--not re-luctantly, as if it were a crack in their wall of poverty, but willingly, recognizing in this the concrete form of their condition as men. Inserted in social structures which do not allow them to be, to the letter, "the beggars of Jesus Christ"--and, in point of fact, the parasites of others--they live poverty according to their own times by submitting to a precise system of economic exchanges where rights and benefits have as their coun-terpart services to be rendered and services actually rendered, all carefully defined. And yet they still feel free to serve over and above what is required of them, gratuitously, without counting the cost. Gratuitouslyl And it is at this point that they feel they are in a way prophets of their times because eco-nomic activity and its apparent and unrelenting law of "nothing for nothing" needs gratuitousness: The practice of gratuitousness is an everyday happening. In order to extend industrial production it is essential that dis-interested activities create a flow of applicable inventions and innovations and that the market be surrounded by a network of hopes and expectations (Father Perroux). Poverty is not a technique for resolving the contra-dictions of the economic society so as to assure its good functioning. Nevertheless, the poor religious does not feel himself to be unimportant in this society. His poverty, which contradicts the spirit of profit-at-all-cost and outdistances the rigidity of "nothing for noth-ing" is, in fact, in step with the society in which he is moving. Finally, the religious discovers that it is society which allows him to have access to the kingdom of God and in addition enables him to make the world his own. Because he does not possess things as does someone who owns an original oil painting by a famous artist and valued at a considerable amount of money his poverty frees him to see, hear, touch, taste, feel, in a word "make his own" the universe of things and beings just as a free and cultured man makes his own the work of art he goes to contemplate as connoisseur in a museum where it is for everyone. Poverty creates a new rela-tionship with things. The detachment it entails creates an availability for disposing of the world according to what it is, according to its beauty rather than its mere immediate utility. In this way the poor man pos-sesses the earthl Obedience and poverty liberate man but it is chastity which allows him to taste supreme freedom. Whoever has converted desire within himself loves God for God. This love satisfies within him the need which every creature feels because of the very way he is consti-tuted, but from this moment on what was carnal desire is now ardent adoration. He loves others as he loves God and this is why his choice can be shared among many without being, divided. The vow of chastity is the vow of friendship and love. There are many men and women among us who are not yet Francis of Assisis or St. Clares who know this to be true. They have known the joy of their initial eagerness and of their first gift. There was someone sleeping deep within them whom the Lord awoke. Springtime of lovel Then they entered religious life and discovered the weight of institutions and the ordinariness of daily life. It was no longer spring, but the love they had for Jesus Christ, rehewed each day, strengthened the delicate fragility of their youth. They grew strong and re-mained young. For them--for each one of us--the first step on the road of love was the break with the world. The love of God does not admit of a sharing and so they began by giving up many things. Some will perhaps speak of frustrated affections and sexual difficulties which can re-sult but these are but mishaps along the road. Men and women anxious to give themselves entirely to God do not look upon them as irremediable. To give up a human love for the Lord implies that one accepts to be momentarily "off balance" but this is part of human nature. They accepted this; this was their first authentic gift of faith. A second step followed this which was the Lord's doing. They were chiefly responsible for the first step ÷ ÷ + VOLUME 2% 1970 229 ÷ ÷ Ed6uard Pousset, " $.1. REVIEW!FOR.RELIGIOUS when they answered His call and actively committed themselves. In this second step it was the Lord who worked ~leep within them and detached them so as to attach them to Himself. They may have met others and discovered human love along the way. This is their secret. At. the point they had reached there was a great danger that the seduction of this human love might win out over their attachment to the Lord which was not yet fully rooted in their being. They alone can appreciate the sacrifice they had to make but one thing is certain: they grew because of it. At this same stage in their ,lives they also knew what fraternal life could offer: emulation in things spiritual, intellectual, and apostolic built strong friendships among them. which the passing years have not wiped away. They still have much to discover, much progress remains to be made, btit these friendships have enabled them to understand that there are not two loves, the love of God and the love of creatures, but only one. No one who has heard a simple word spoken by a friend which opened his heart and brought him in contact with God's love will ever be able to doubt again that this is so. There are not two loves. Love and freedom--that is the resurrection whose price is the renunciation spoken of in the Gospels and as it is practiced by the vows. But many reading these lines will ask themselves: where do I figure in this? Am I the one just described? Yes, you are there along with the others, but in religious life as in life in general there are stages and they are lived one after the other once one has a strong hold on what is essential. It is difficult, certainly, inasmuch as today community life which is the fruit of what is essential as well as the means of living it is something we are still attempt-ing to pin down. But the fact that we are still seeking cannot leave us in doubt as to the essential: to die and to be resurrected. The following experience invites us in a very simple way to self-forgetfulness: Community life is so "up-in-the-air" at this time that one doesn't really know what to say about it. From my own experi-ence I feel that the real benefit of living a vowed life in com-munity has been a difficult but rewarding school of self-forget-fulness. ,When this seed is planted and when it finds the soil healthy and productive (that is, a living, fraternal community) the vows enable us to develop and unfold with no danger of repression. Don't many of the problems we face today stem from the fact that we forget' the essential "virtues" common to any life in society, to any life lived in common? We neglect them because other things said to be more important have been given priority: dialogue, responsibility, "adult" religious life. . And so we set.aside the small favor done with a smile, the concern of making conversation at table interesting for the one next to us, in a word, a good disposition, and an ease, nothing more, which we all need. I may be tklking too down-to-earth here but it does seem to me that we can fool ourselves so easily. The vows are like a delicate flower which will not give forth it.s full bloom unless the sap runs into the stem and the stem is rooted in good soil. From the very first step we take in religious life until such time as we reach the summits it is always a ques-tion of this unique mystery: to die and to be resurrected. But the more we advance the more the question be-comes more precise and insistent: how do we die and how are we resurrected? I will attempt to tie to-gether the ends of everything said so far so as to focus on this one question. What I have to say doubtlessly presulSposes that a certain amount of ground has been covered. Nevertheless the question and the reply can be understood by each one according to the point he has reached. In the spiritual life there isn't a time for "more practical virtues" and a time for "more radical experiences"; those making their way through the former need, at times, the enlightenment provided by the latter--even if they are not exactly their own experi-ences-- and the latter still need the former as well. To Die and to Be Resurrected Religious life, as in the case of marriage though in a different way, enables us to discover litde by little that we must die. Chastity is mortifying as are poverty and obedience. When with the experience gained over the years the religious comes to feel to what extent his state in life dooms him to die the real danger, the only one for him, is not to know how to die or not to be able to die sufficiently. The resurrection comes only through death and no one is resurrected until and un-less he dies. Even though the religious committed him-self freely to this way of renunciation the death he must undergo does not depend on his good will. This impossibility for a man of good will to die to himself in Jesus Christ is at one and the same rime the problem and the key to that problem. It is the problem in that the price of the resurrection is death and if this death is impossible for him he is not resur-rected and his vows place him in the dangers men-cloned above. It is also the key to the problem in that the impossibility experienced in dying to self, namely to change and convert oneself so as to live the perfec-tion of the gospel message, is the basic condition for decisive progress along the road which leads to death and resurrection in Jesus Christ. Christ said this very clearly to His Disciples who, disturbed and confused by His teaching on poverty, asked Him: "In that case. who can be saved?" And he replied: "For men it is + + + fMaence and th~ Edouard Pousset, REVIEW FO, R.R~L~GIOUS impossible., but not for God, because everything is possible to God" (Mk 10:27). The question, then, is not to know if the vows are practicable or not. In all their strictness they are not. Nor is it whether there might not be a risk of "dehumanizing" man. The vows do, in fact, 'admit of this risk. The only question is to know if once one has reached the realization that he is unable .to live the perfection of the gospel message the Christian consecrated to God by vows is going to allow himself to be taken by his Lord, to die in Him so as to be resurrected with Him. Or better still, the question is to know how this can be accomplished. First of all, to reach this realization that "for men it is impossible" indicates that one has follov~ed Ghrist for a long time and sought to imitate Him with all the zeal and generosity which said "yes" without reserva-tion to His call. It is here that the importance of a certain inner asceticism is evident even if this asceticism is not, in itself, decisive. Many do not enter seriously ¯ into the paths of union with the God who is responsi-ble for their death and resurrection because they have not been energetic enough with themselves. This asceticism will mortify the desire to dominate and to possess which troubles the living sources of our nature. But there is more to it than this. Because of the religious state itself, these living sources are contradicted by the very fact that the vows impose a renunciation on vital poir~ts. But by itself this asceticism will not result in ~forgetfulness of self or humility; by itself thi~ renuncia-tion .will, not assure us of a peaceful balance nor will .it bring about the joy of being resurrected with Christ in this world. What the religious seeks actively by asceticism and renunciation can only be received as a gratuitozts gift. For of themselves neither asceticism nor renunciation through the practice of the vows make us die sufficiently. What we can learn from them and .what is their most authentic contribution is the ad- .mission that the perfection of the gospel message is im-possible. But before this precious fruit of the spiritual life has .matured by long experience the religious is exposed to certain serious errors along the road on which he so generously set out. If he remains negligent, not meas-uring sufficiently the importance of asceticism and what his vows require or, more correctly, what the Lord requires of him, it is evident that he will never die to self. Nor will he do so if he goes ahead courageously along a road of voluntary self-denial. At least it will .not be because of his courage. In the first instance he runs the risk of practising an abnegation which is on a merely human level and in addition there is the danger of falling into a voluntariness which is always in-operative when it is a question of killing our own will, our ego, that desire so essential to us of loving and be-ing loved,ix An abnegation which stems too unilaterally from man's good will and courage runs the risk of end-ing up in a violent forcing of the will by a suppression of desire. In addition to all these reasons find to many others weakness or, on the contrary, poorly guided energy can slip quickly into all the complications which accompany a mishandled psyche: The years pass and it happens that a kind of spiritual heaviness settles in and the beginnings which were so full of promise empty out in insignificance. Little by little the feeling of a half-failure or an incurable mediocrity spread through one who so generously gave himself to God. Then he reaches the critical hour of possible discouragement or of "wisdom" which, from then on, will keep him on a "good middle course." Most fatal of temptationsl But it can also be the hour of setting out anew, the hour of a "second conversion," for it is then that he fully realizes from personal experience that he is unable to convert himself, he is unable to die so as to be resurrected. This, then, is the hour of gracel The need to die remains but now we understand that the only way we can die is by God's hand. We must die on the cross and it is .Jesus Christ who carries the cross and who dies upon it. It is in Him and by the same death that we must die. Strictly speaking this is not the result of asceticism or voluntary abnegation. When it is a ques-tion of asceticism and self-imposed abnegation, our capacities are limited; they offer no solution other than the personal determination of going against our-selves. They are necessary, certainly, but we know how difficult it is for us to practice them with faith and good sense without a giving in on the part of some or a voluntariness on the part of others. The death out of which we are reborn implies the passivity of the creature under God's hand, and this is very different from an ascetical effort and quite the opposite of psychological depressions. God takes it upon Himself to have us live this passivity by means of the trials of existence but there are a thousand and ¯ one way~ of taking the trials of hfe poorly~ and there is very little chance that one look upon them and ac-cept them with peace of soul. If one has not [so disposed himself well in advance it is very difficult io keep the n It is important not to forget that in killing our own will and desire we do so for a very precise purpose: so as to be r~surrected and not so as to destroy them. Existence and the Vows VOLUME 29, 1970 $4. REVIEW FOR REI.IGIOUS kingdom and this death which leads to resurrection always in mind. What disposes to this passivity in faith is the realization we experience that the perfection of the gospel message is impossible for men. Coupled with this awareness is prayer.12 The cross which brings about our death is not within the reach of our initiative; prayer is. Prayer is both to take and not to take the initiative. Experience, as painful as it is beneficial, of our radical incapacity to imitate Christ in His chastity, His poverty and His obedience bears fruit in patience and simplicity, In this climate prayer leads us to union with Jesus Christ carrying His cross; it establishes us in Him and makes us die His death. He who prays in the peaceful admission of his weak-heSS is no longer he who lives, it is Christ who lives, dies, and is resurrected in him. First, it is Jesus Christ who lives in him--not yet in the fullness of transforming union which is the full par-ticipation in His resurrection but by a loving adhesion of the creature to his Creator and Lord by whom he is encouraged and sustained as he progresses. This loving adhesion reproduces in each one the experience of those who, in the history of Israel and later those who gathered around Jesus, attached themselves with all their force to the Lord. It is not yet the resurrec-tion; it is the life shared with the Lord made man along a road leading to the cross. At the price of this shared life the disciple, by a direct experience, enters into the mystery of his relationship of creature to Creator. Plung-ing himself in prayer and patience he hears the word of God as if it were being spoken to him: "In these words the Lord spoke to Jacob whom he created and to the Israel whom he himself fashioned: Do not be afraid; I have paid for you, I have called you by your name, you belong to me" (Is 42:1). Prayer not only enables us to realize that we are creatures, it also brings us in contact with the Lord as Beloved. There are those who know the Lord through the intermediary of people or books and there are those who have met him in another way, having been found by Him. They allowed themselves to be taken and from then on they belong to Him. The love of Jesus Christ penetrates into all the zones of personal-ity, intelligence, will, affectivity; and one day or an-other they understand that this love has become the X~Not just any form of prayer but certainly not discursive medi-tation which is still much too "active"; rather a very simple, loving prayer such as I have described elsewhere ("Pri~re perdue, pri~re retrouv~e," Vie consacrde, 1968, pp. 148-64). This form of prayer is possible only to someone who has at least begun to realize that the life of the Gospels is impossible for man. ver,y substance of their .being. They feel sure that the objections raised against their vow of chastity have little by little lost all their force as far as they are cdncerned. This universal availability which some will claim does not bind them to anyone in particular is, in f~ct, a. passionate adhesion to Someone. There is, they realize, no risk of being deceived or betrayed by this Someone and yet in spite of the certainty of their relationship with Him they .do not feel "settled in." The love of God is to .be created every dayl God is someone who has his views and his ways of doing things ~nd this sbmetimes adds a note of the unexpected to life. Those, then, who allowed themselves to be taken by Him do not have the feeling of "having been put i.n a position where nothing and no one will affect them." Having grown used to God a day comes when, in a silence which fulfills them, they sense the first signs of transforming union. This feeling of Presence which is not so much felt as it is experienced as something beyond all doubt is the beginning of this death and resurrection as they are lived conjointly, one within the other. For they know--and 'they live it in very precise encounters--that life with the Lord leads them to His' cross and on to the joy of rising with Him as well. This death of Jesus Christ in which baptism plunged them sadramentally now becomes their very existence. It is at this moment that they die to their immediate desire to love and be loved, to .their fleed to possess, and to their own will. What neither voluntary abnegation' nor interior asceticism--ivhich they prac-tice continually--could do, loving prayer accomplishes within them. They are in the morld, dead to the world, to themselves, and to others, and yet in direct propor-tion to this death they "are renewed, resurrected by an intense presence to the world through service, friendship, and love: I shall give you a new heart, and put a new spirit in you; I shall remove the heart of stond from your bodies and give you a heart of flesh instead. I shall put my spirit in you, and make you keep my laws and,. sincerely respect my observances (Ez 36: 26-7). Resurrection The vocation of those who have embraced chastity, poverty, and Obedience is to anticipate the resurrection here in this world. It is likewise the destiny personally pro-posed to all. Let those accept it who canl Dead and resurrected, the religious--and every Chris-tian as well "to whom it is granted" (Mt 19:11) by God-- receives the outpouring oi universal charity. The Lord first .became for him the Beloved who introduces him ÷ + ÷ Existence and VOLUME Zg, 1970 by faith into the secret of an intimacy which is his joy. He has heard the word of the Psalm: "Listen, daughter, pay careful attention; forget your nation and your an-cestral home" (Ps 45:11). He listened and the Lord spoke to his heart: "I have loved you with an everlasting love and so I am constant in my affection for you. I build you once more; you shall be rebuilt, virgin of Israel" (Jr His joy is not his joy, it is God's joy; and he can in-crease it merely by allowing himself to be loved and filled. From that moment on the promise of God is no longer a promise: "I shall be their God and they shall be my people"; x3 it is a present reality: "I am my Be-loved's and my Beloved is mine" (Sg 6:3). The others, according to the diversities of divine grace, become his beloved as well.x4 The religious loves them dearly. The friendship which he vows them is no longer something in addition to his love for God; it tends, at least, towards total unification with this love. These others are not enveloped as it were in a universal charity which would deny them any particular atten-tion. He loves them all and he loves each one for what he is. He does not love Peter and John in the same way. And it is only fitting that God placed this preference for one or another in our hearts. Because of this exceptional grace he reaches almost without effort the end he hoped for and worked so hard to attain. In one and the same act he loves his unique Savior and the creature who truly becomes for him the sacrament of the presence of God. He was obliged to live his consecration to God in renouncing human affections because, in fact, his heart was divided. From now on he lives only one love and it seems to him that he understands the friendship of Ignatius for Xavier, of Francis of Assisi for Clare, of Bernard for William. He does not need someone to tell him this marvelous story; it has become the story of his own life. He is poor and yet he possesses the earth. He no longer has his own will and yet God Himself does what-ever he requests: "If you ask for anything in my name, + + + Edot~ard Pousset, $.1. REVIEW FOR RELIGIOUS ~ This phrase is found throughout the Old Testament. u Friendships and human affections can and do exist in those who are consecrated to God by the vows but have not as yet reached that intimate knowledge of Love. Ordinarily these commitments are not very profound and this is for the better for as long as the heart is, in fact, divided between God and creatures. There are other friendships and human affections which are, however, quite differ-ent from those just described. I am speaking of those which have God Himself as their initiative: those where He has made Himself the principle, the bond, and the end. These presuppose the intimate knowledge of Love and they take possession of the whole heart so that there is no division whatsoever between God and creatures. ][ will do it" (Jn 14:14). He seeks only the kingdom of God and yet everything else is given to him over and above this. At this stage joy and the cross are lived as one. He does not talk about it because he knows that he can hardly explain it to himself. Some will see only his suffering; others will not see beyond his surprising free-dom. But his hope knows no limits; he does not see that what he has been given gratuitously should not be given to all. He reveals his secret without telling it: it is to have believed. I do have faith, Lord. Help the little faith I havel 4. 4. 4. £~ten~e and VOLUME 29, 1970 237 cYRIL VOLLERT, S.J. The Interplay of Prayer and Action in Teilhard de Chardin ÷ ÷ ÷ Cyril Vollert, S.J., is a professor of theolob, y at Mar-quette University; Milwaukee,. Wis-consin 53233. REVIEW,FOR RELIGIOUS The theme underlying Teilhard de Chardin's ideas concerning the interplay between prayer and action is well stated in his essay, "The Heart of the Problem." a He wonders why Christianity, with its tremendous power to attract, is not more successful in the modern world. Not only have energetic missionary efforts in Asia, Africa, and elsewhere produced meager results, but the great masses of workers over the earth, as well as most scientists, have found little to interest them in the Church. Teilhard believes that he knows the answer. Any at-tempt at solution must take into account the changes that have marked men's thinking for over a hundred years. We now know that the universe is not static; our cosmos is a cosmogenesis. And man himself is involved in the evolutionary process; mankind is an anthropogenesis. Man is still being shaped, and the human race is heading toward social unification. In the past, religion has sought to perfect man by directing him upward, toward God, and has been little concerned with purely human prog-ress. But men of our time are convinced that they can complete themselves by moving forward. So the vital question is this: is the salvation of man to be achieved by looking above or by looking ahead---or by both to-gether? Failure to face this question squarely results in religious apathy. Teilhard proposes to face it. Why should anyone wish to choose between the Up-ward and the Forward? Teilhard contends that we must not make any such choice. We must combine the two 1 In The Future o] Man (New York: Harper and Row, 1964), pp. 260-69. movements. If Christianity were to ignore the new aspira-tions of mankind, it could not hold its own adherents, much less win over the unconverted. Without human faith and love, Christianity is cold and unattractive to contemporary man. The Christian faith must be intensely interested in the values of the world and of matter, for the simple reason that it is rooted in the Incarnation. In pre-evolutionary ages, Christianity perhaps assigned too subordinate a function to man and the earth. But just as the Incar-nation did not take place until our planet was socially, politically, and psychologically ready for Christ, so now, in the evolutionary perspectives opening up before us, we can see that the kingdom of God will not come until mankind in its anthropogenesis has reached collective maturity. The supernaturalizing Christian Upward must be incorporated into the human Forward. In this way faith in God will recover all its power to attract and convert, for we can believe wholly in God and in the world. We can do this because Christ, Savior and Re-deemer, is carrying evolution both forward and upward to its final goal. Teilhard thoroughly believed in his own program and, while stir a young man, consecrated himself to it: As far as I can, because I am a priest, I would henceforth be the first to become aware of what the world loves, pursues, suffers. I would be the first to seek, to sympathize, to toil; the first in self-fulfilment, the first in self-denial. For the sake of the world I would be more widely human in my sympathies and more nobly terrestrial in my ambitions than any of the world's servants. That is why I have clothed my vows and my priesthood (and it is this that gives me my strength and my happiness) in a determination to accept and to divinize the powers of the earth? Christians have different but complementary voca-tions; they devote themselves in varying degrees of in-tensity to action or to prayer or to both together. God's call, which Teilhard likens to the star of the Magi, "leads each man differently, by a different path, in accord with his vocation. But all the paths which it indicates have this in common: that they lead always upward." a The world, too, has its vocation; it is destined to attain its perfection in the fullness of the incarnate Word, in the cosmic Christ. Teilhard's own vocation was manifested in two truths which God had let him see: the universality of God's magnetism and the intrinsic value of man's undertakings. He was eager to spread far and wide a knowledge of these two truths. And so, on the day after ~Hymn o] the Universe (New York: Harper and Row, 1965), p. 128. 8 The Divine Milieu (New York: Harper, 1960), p. 120. + Prayer and Action VOLUME 29, 1970. 239 ÷ ÷ ÷ Cydl Voll~t, $.]: REVIEW FOR RELIGIOUS 2,4O his final religious profession, in a meditation on his priesthood, he offered his life to God: "And I, Lord God for my (very lowly) part, would wish to be the apostle --and, if I dare say so, the evangelist---of your Christ in the universe." ~ This he regarded as his "special vocation," and he was faithful to it to the day he died. Such a vocation is carried out in action. Teilhard in-sists that all Christians have the duty of building the earth. Even the increase of leisure, fostered by technical. progress, ought to be consecrated to research. Teilhard tried to show that human efforts to promote intellectual, technical, and social advances must bring about the nat-ural conditions of maturity necessary for establishing the kingdom of God. But the urge to action must be directed and sustained by prayer. The Christian must work; but he must Christianize his work. The supernatural con-summation of the world cannot be accomplished by merely natural powers; the world must be sanctified and supernaturalized.5 Therefore a life of prayer and con-templation has a high efficacy, indeed, a "creative power': for the world. Seeing the mystic immobile, crucified or rapt in prayer, some may perhaps think that his activity is in abeyance or has left this earth: they are mistaken. Nothing in the world is more intensely alive and active than purity and prayer, which hang like an unmoving light between the universe and God. Through their serene transparency flow the waves of creadve power, charged with natural virtue and with grace.° The health and integrity of the Church depend on the care exercised by its members in carrying out their functions, which range from worldly occupations to vocations that call for penance or the most sublime contemplation: "All those different roles are necessary." 7 Christians .who devote themselves to prayer have been singled out for the task of carrying the world above its concern for pleasure and enjoyment toward higher goals. They are like miners laboring in the depths of matter; or, to change the figure, they supply the air which their brothers need to breathe. Along with the sick and the suffering, they become "the most active agents in the very process that seems to sacrifice and crush them." s Purity (here understood as the rectitude brought into our lives by the love of God), faith, fidelity, charity, and hope must accompany the most earthly of our actions. But these virtues flower in contemplation ~ Hymn of the Universe, p. 151. s H. de Lubac, S.J., Teilhard de Chardin: The Man and His Mean-~ ing (New York: Hawthorn, 1965), pp. 123 f. O Hymn of the Universe, p. 154. ~ The Divine Milieu, p. 75. ~ L'energie humaine (Paris: Seuil, 1962), p. 64. which, in spite of its apparent immobility, is the highest and most intense form of life.9 In response to God's grace, which is "always on the alert to excite our first look and our first prayer," we are led "to posit intense and continual prayer at the origin of our invasion by the divine milieu, the prayer which begs for the fundamental gift: Lord, that I may see." On saying this, Teilhard at once utters his petition: Lord, we know and feel that You are everywhere around us; but it seems that there is a veil before our eyes. Let the light of Your countenance shine upon us in its universality. May Your deep brilliance light up the innermost parts of the massive obscurities in which we move. And, to that end, send us Your Spirit, whose flaming action alone can operate the birth and achievement of the great metamorphosis which sums up all inward perfection and towards which Your creation yearns: Send forth Your Spirit and they will be created, and You will renew the face of the earth?° Teilhard is quite cognizant of the prayer that is in-herent in the duties of a person's state of life. Such duties, faithfully and well performed, put us in contact with God: Let us ponder over this basic truth till we are steeped in it . God, at his most Vitally active and most incarnate, is not remote from us, wholly apart from the sphere of the tangible; on the contrary, at every moment he awaits us in the activity, the work to be done, which every moment brings. He is, in a sense, at the point of my pen, my pick, my paint-brush, my needle--and my heart and my thought. It is by carrying to its natural completion the stroke, the line, the stitch I am working on that I shall lay hold on that ultimate end towards which my will at its deepest levels tends.'~ However, in addition to the prayer that may be in-volved in our work, explicit prayer is indispensable if our action is to be effective for constructing the kingdom of God. Teilhard is very insistent on this truth. He pgints out that unless we maintain direct contact with God by prayer and the sacraments, "the tide of the di-vine omnipresence, and our perception of it, would weaken until all that was best in our human endeavor, without being entirely lost to the world, would be for us ~niptied of God." But if we safeguard our relation to .God who is encountered in prayer, "there is no need to [ear that the most banal, absorbing, or attractive of oc-cupations should force us to depart from Him." Be-cause of the creation of the universe by God, and par-ticularly in view of the Incarnation, "nothing here below is profane for those who know how to see." Teilhard strongly exhorts us: "Try, with God's help, to perceive ~ H. de Lubac, La pensde religieuse de Pdre Teilhard de Chardin (Paris: Aubier, 1962), p. 318. Io The Divine Milieu, pp. 111 [. v. Hymn oI the Universe, p. 83 f. ÷ ÷ ÷ VOLOME 29; 19~0 241 4- 4- 4- REVIEW, FOR ,RELI~IOU$ the connection-~even physical and natural--which binds your labor with the building of the Kingdom of Heaven." We should never do anything without realizing its constructive value in Christ, and pursuing it with all our might.12 In line with his perception of the harmony between faith and science, Teilhard endeavored to integrate his own prayer and his work. He became increasingly aware that he had to develop in himself and impart to others "the sort of mysticism that makes one seek passionately for God in the heart of every substance and every ac-tion." He saw dearly that "God alone, and no personal effort, can open our eyes to this light and preserve this vision in us." He well understood that the "science of divinizing life calls for the diligent co-operation of every form of activity . It needs the sacraments, and prayer, and the apostolate, and study." 18 If we wish the divine milieu to grow around us, we must steadfastly "guard and nourish all the forces of union, of desire, and of prayer that grace offers us." 1~ Success cannot crown so great an enterprise unless prayer issues in work: "I know that the divine will will only be revealed to me at each moment if I exert my-self to the utmost." 1, The Christian must preserve his union with God by prayer; but he must also respond to all the demands of grace: "To win for himself a little more of the creative energy, he tirelessly develops his thought, dil
Issue 17.4 of the Review for Religious, 1958. ; JULY 15,= 1958, " Unceasing Prayer Venerable Anne de Xainctongb : The General Chapter' ". VOLUME 17 For. Your Information 'J Book Revtews (~uesfions and -~Answe~ Roman Documents about: Religious kit:e ""' ': - :::''~ "> :'~ ': " ~; ¯ Coedu~atlon " °. The Family RI::VIi::W FOR RI:LIGIOUS VOLUME 17 JULY, 1958 NUMnER 4 CONTI::NTS FOR YOUR INFORMAT_ION .193 UNCEASING PRAYER--Edward Hageraann, S.J . 194 OUR CONTRIBUTORS . 200 VENERABLE ANNE DE XAINCTONGE-- Sister Marie Celestine, U.T.S.V . 201 PROFICIENTS~WHO DO NOT PROGRESS-- Hugh Kelly, S.J . 211 THE GENERAL CHAPTER--Joseph F. Gallen, S.J . 223 SOME BOOKS RECEIVED . 231 SURVEY OF ROMAN DOCUMENTS~R. F. smith, S.J . 232 BOOK REVIEWS AND ANNOUNCEMENTS: Editor: Bernard A. Hausmann, S.J. West Baden College West Baden Springs, Indiana . 241~ QUESTIONS AND ANSWERS: 20. Baptism in Another Rite and Subsequent Profession . 250 21. Authority over and Direction of Institutes of Religious Women . " . . . ¯ . 251 22. Duties of the Cardinal Protector . 252 23. Idiomatic Translations of Constitutions . 253 24. Moment of Covering the Ciborium at the Consecration . 253 25. Pausing Before Prayers at the Foot of the Alta'r . 25~4 26. Place of the Sign of the .Cross on the Missal . 254 27. Simple Genuflhction Between Consecration andCommunion,254 28. Interference in External and Internal Government . 255 29. May a Superioress Bless Her Subjects? . 256 REVIE~Y¢" FOR RELIGIOUS, July, 1958, Vol. 17, No. 4. Published bi-monthly by The Queen's Work, 3115 South Grand Blvd., St. Louis 18, Mo. Edited by the Jesuit Fathers of St. Mary's College, St. Marys, Kansas, with ecclesiastical approval~ Second class mail privilege authorized at St. Louis, Mo. Editorial Board: Augustine G. Ellard, S.J.; Gerald Kelly, S.J.; Henry Willmering, S.J. Literary Editor: Robert F. Weiss, S.J. Copyright, 1958, by The Queen's Work. Subscription price in U.S.A. and Canada: 3 dollars a year; 50 cents a copy. Printed in U.S.A. Please send all renewals and new subscriptions to: Review for Religious, 3115 South Grand Boulevard. St. Louis 18, Missouri. For Your Int:ormat:ion Editor's Golden Jubilee FATHER HENRY WILLMERING will celebrate~ the Golden Jubilee of his entrance into the Society of Jesus on July 25, 1958. Father Willmering has been teaching Sacred Scripture to Jesuit seminarians for thirty years. He became a member of our editorial board in 1955. "His fellow editors feel sure that the readers of the REVIEW will join them in congratulating Father Willmering and helping him by their prayers to thank God for the great privilege of spend-ing fifty years in the religious life. Delayed Vocations In the May, 1957, number of REVIEW FOR RELIGIOUS (p. 154) we published an announcement at the suggestion of a" priest who was spiritual director to some women who were interested in dedicating their lives to God, but who were ham-pered by the fact that they were older than the age limit for admission in most religic~us communities, ,~ere widows, and so forth. This priest thought it would be very helpful to others, as well as to himself, to know of religious or secular institutes th. at would accept such candidates. Two replies were published in our November, 1957, number (p.342); and a third reply was published in our March, 1958, issue (p. 90). We have recently received a fourth reply from the Daughters of the Paraclete, a group of women who have organized and are taking steps to become a secular institute in the diocese of Little Rock. The Daughters of the Paraclete now have two houses in the diocese of Little Rock. They seek further candidates and realize that these must be obtained from outside the state of Arkansas. Any single Catholic ~voman of good character and good physical and mental health is eligible for entrance. There (Continued on page 210) 193 U, nceasing Prayer Edward I-lagemannr S.J. OUR LORD told us, "We ought always to pray" (Lk. 18:1). His words were echoed by St. Paul when he wrote, "Pray without ceasing" (I Thess. 5~17). Dif-ferent ways of explaining this seemingly impossible behest have often been proposed. I here wish to call to mind .an explanation found in. the ascetical writings of certain French Jesuits from the seventeenth century to the present. What they teach is not, however, original nor exclusively their own. Father Julien 'Hayneuve, S.J., a well-.known spiritual writer around the middle of the seventeenth century, tells us in one of his volumes of meditations that there are three ways of conversing with our Lord: (1) by sanctifying grace, i.e., by being in a state of friendship with Christ; (2) by formal prayer in which we manifest our needs to Him;.and (3) by "this unceasing prayer of which Scripture speaks, that is to say, by a spiritual and divine life that consists a) in doing nothing except by His.spirit, by His orders, fbr His glory, b) in acting not according to the inclinations of nature but confokmably with the inspirations of. grace and according to His maxims, in the same way that He Himself lived on earth and as He desires to live in us, in a word, according to the knowledge He gives us by His lights and interior inspirations" (M~ditations sur la vie de N.S. Jdsus Christ, Vol. I, p. 474). This manner of life we call virtual.prayer. It consists in a complete union of our wills with God, whereby we hearken .to His will expressed not only exteriorly through, the duties of our state of life and the various manifestations of divine providence, but also interiorly tl~rough the movements of grace. It is not an act nor a series of acts but a state, a readi-ness to stop or change what we are d~ing if God wishes it. We are or, at least, we wish to be as responsive to God's will 194 ,I UNCEASING PRAYER expressed through His actual g~aces as a harp to the slightest touch of a master. Father L~once de Grandmaison, s.J., sums it up thus: "Formal prayer differs from virtual in that the latter consists in habitually preferring the will of God ~o our own will . In short, virtual prayer consists in .being docile to. the Holy.Spirit." (We and the Holy Spirit, p. 134) Virtual prayer is, therefore, not a question of intellectual attention, of recollection where the mind is conscious of God, but of habitual, permanent intention directing our wills by God's will, in a word, union of wills. Thus we can be busy,. our minds occupied with intellectual or material work, and yet be praying because we want to do only what God wants us to do and we should cease immediately if we knew He wished us to stop. Father Raoul Plus, S.J'., has practically the same thought when he says: "The state of prayer consists in preserv-ing a pure dntention during the fulfillment of our daily tasks. I cannot have my thoughts occupied with God without inter-ruption. But my will should never be directed towards "any object e~xcept God, ~at any rate as its last end." (How to Pray Always, p. 15) Father Jean Croiset, the spiritual director of St. Margaret Mary, insists on this union of wills: "It is necessary' that while the mind. works, the heart be in. repose and' remain, motionless in its center, which is the will of God, t~rom which it should never separate itself" (The Devotion to the Sacred Heart of Jesus, p. 87). We might here add in the words of. De Grandmaison why this state of attentiveness to God's will is termed prayer. "It is truly prayer because it unites us to God, makes us docile to His inspirations, and attunes us to His will of good pleasure-" (We and the Holy Spirit, pp. 122-23). According to Father Jean-pierre de Caussade, s.J., who lived in .the first half of the eighteenth century, perfection will consist in this virtual pray~er, "The more we advance the rciore is God pleased to take it 'out of our power, to produce many acts . In all the different changes both interior and exterior 195 ]~DWARD HAGEMANN Review for Religious say always from the depths of your heart, 'My God, I wish what You ,wish, I refuse nothing from Your fatherly hand, I accept all and submit to all.' In this simple act, continued or rather habitual, consists our whole perfection." (Abandon-ment to Divine Providence, Exeter, 1921, pp. 157-58) Jean- Nicholas Grou, the junior of De Caussade by about fifty years, one of the best known Jesuit writers of his time, tells us that the sole object of the interior soul is to glorify God and to love Him. He develops this latter point thus, "To love Him, not by formal acts or by effusions of sensible devotion, but by being effectually and continually devoted to Him, and by entire resignation of her own will to His" (Manual for Interior Souls, p. 93). Grou says that the interior soul is "effectually and continually devoted" to God. This is devotion that St. Thomas defines as "the will to give oneself readily to things concerning the service of God" (II-II, q. 82, a.1)--not just sensible devotion but the deep, substantial devotion of a com-pliant will. In another work Grou devotes a chapter'to virtual prayer. In this chapter, which he entitles "unceasing prayer," he de-scribes this virtual prayer and then gives some examples: "Among the actions that may be regarded as prayer I would include visits of politeness and good manners; I would even include amusing conversations and necessary relaxations of body and mind, provided they be harmless, and carried no further thatx is allowed by Christian pririciples. None of these occupations is incompatible with continual prayer; with the exception of things that are wrong, inexpedient, or useless there is" nothing that the Holy Spirit cannot make His own, nothing that He cannot contrive to sanctify and bring into the realm of prayer." (The School of Jesus Christ, p. 281) As we have said, virtual prayer consists in a readiness to do God's will expressed not only exteriorly but also interiorly through the movements of grace. It is necessary, then, that we be able to discern these movements in our souls. These 196 July, 1958 UNCEASING PRAYER are normally slight illuminations of the intellect and gentle promptings of the will. But are all interior movements prompt-ing to seeming good the work of God? Unfortunately, no. The evil spirit and our fallen nature suggest thoughts that seemingly prompt to good but, as we know from sad experi. ence, result in something bad or less good. We must be experienced, then, in distinguishing between the spirits, between the movements of grace and of nature, so as to accept the former and reject the latter. (See The Imitation of Christ, Bk. III, Chap. 54, "On the Diverse Motions of Nature and Grace.") Father Jean-Joseph Surin, one of the most brilliant Jesuit writers of the first half of the seventeenth century, states that this attention to the movements of grace and nature consti-tutes the interior life (Spiritual Letters, p. 391). In~ this he was but giving the teaching of his famous tertian instructor, Father Louis Lallemant (Spiritual TeachingI 5th Princ., Chap. l,a. 1, sec. 3). : The rule of thumb for distinguishing :~between the move. ments of the spirits, or of nature and grace, is the difference in the immediate effect they have on the soul. In a soul going from good to better the good spirit or grace produces a peace-ful impression like a drop of water falling on a sponge. The bad spirit or nature, on the other hand, produces a slight agita-tion, a slight disturbance like a drop of water falling on a stone. All seemingly good thoughts and desires, then, that cause such an agitation will be rejected as soon as discerned without being examined. As a result, peace of soul will be the climate ir~ which that person lives who is in a state of attentiveness to God's will, who, in a word, practices continual prayer. I say advisedly peace of soul, not peace of mind. Our imagination or emotions may be disturbed violently or we may have trying problems over which to ponder; but all of these are, so to speak, on the surface of the soul. Deep down under all this is peace. De Caussade in his letters of direction is never weary of. insisting on the necessity of peace. For ~example, he writes, 197 EDWARD HAGEMANN Review for Religious '-'The great principle of the interior life is the peace of the s0ul, and it must be preser~,ed with such care that the moment it is attacked all else must be put aside and every effort made to try and regain this holy peace, just as, in an outbreak of fire everything else is neglected to hasten to extinguish the flames'" (Abandonment to Divine Providence, p. 142). In the midst of work and occupations that can take up our complete" attention, we are praying, yes even with the prayer o'f ~petition,' We all have some great personal desires that mean much to us. We' don't have to express them in wbrds. God ~ees them in our' heart. "De Caussade is never tired of repeating St. Augustine's saying that our desires are our prayers (Migne, P:C., 36: 404): our desire to love God, our desire to grow in a certain virtue, our desire for the wel-fare, spiritual or corporal, of someone dearto us, and so forth. A mother ~hosd baby is ill may be busy with chores around the house or have her attention taken up with some pressing problem, but surely we can say that all the time underlying all this activity is her desire for the recov~ery of h~r child. Besides a few big, permanent desires, we all have also many small, transient ones. We can put all these desires, big and small, into the Morning Offering of-the Apostleship of Prayer and then not think of them again during the da.y. They are not dropped Out .of our hearts. Even though we do not forma[ly. repeat these ',petitions, God sees them in our hearts. . Our desires are our,p.rayers. This virtual prayer can be of great comfort to us when we are assailed by temptations. These temptations seize on our imagination and emotion~, and thus influence us physically. While we are thus very conscious of the temptation, we do not, on the other hand, feel the. act of the will or, bdtter still, the state of our will Which is kept turned toward' God. Yet it is in the will not the imagination and' emotions that. our real self is found. De Caussade refers to this again and again, often telling us to go beneath all this agitation in our sense life and 198 July, 1958 UNCEASING PRAYER emotional life and deep down 'rest with our will united with God's or again,, in a somewhat opposite illustration, .to remain above all this agitation like a high mountain whose peak 'is bathed in sunshine but around whose base the" storm clouds lash furiously (Abandonment to Divine Providence, I3. 119). As. this state of will conformed to God's will is our continual prayer, we "are praying, then, even in the midst of the most turbulent temptations. This constant prayer c~in be a source" of consolation when arresting distractions occur during 6urordinary period of for-mal prayer. Who of ~us' has not experienced and does not continue to experience eveky day the wanderings Of the mind that seem at times to make up such a~large pa~t of the time allotted to mental prayer? ~This shbuld not trouble us as long as our will is habituidly directed toward God. As Father de Graridmaison says: "In virtual pray~.r we' call into action the faculty Over which we have the greate.st controli our free Will. Virtual prayer does not "require favorable mental, emotional, or even bodily dispositions . We cannot always think imagine and feel as we would like. But we can always will that God be glorified and that we be obedient to H~m. (We and the Holy Spirit, p. 123) Of course, when these distrac-tions occur, the sooner we recover ourselves and get back to ~formal meditation the better for our mental pr~yer and fgr the growth in motivation that mental prayer gives. But it is consoling to know that in the midst of our distractions our heart has been praying. I am not recommending this practice of virthal player to all indiscriminately. "The Spirit breatheth where he Gill" (Jn. 3:8). 'Some will prefer to make frequent .aipirati~ns during the day or to lift the mind occasionally to God. Well and good. They should follow this attraction. But others will be found who cannot raise the mind to God, particularly when occupied with mental work. Let them, then," not f~el they cannot be praying. The words we havre written will show them 199 EDWARD HAGI~MANN that, as long as their will is united to God's, ready to obey the slightest indication of His holy will, they are in a state of prayer. In one of his letters Father de Caussade gives the following advice: "During the day try to keep yourself united to God, either by frequent aspirations towards Him, or by the simple glance of pure faith; or better still, by a certain calm in the depths of your soul and of your whole being in God, accompanied by a complete detachment from all the exterior objects of this world. God Himself will.show you which of these three ways will best suit you to unite yourself to Him, by the attraction to it, the taste for it, and the facility in the prac-tice of it which He will give you, for this union is in propor-tion to the degree of prayer to which the soul is raised. Each of these states has its special attraction; one must learn to know one's own, and then follow it with simplicity and fidelity, but without anxiety, uneasiness~ or haste; always sweetly and peace-fully as St. Francis of Sales says." (Abandonm.ent to Divine Providence, p. 142). This third method ot: De Caussade is the virtual prayer we h~ave described in this article. OUR CONTRIBUTORS EDWARD HAGEMANN is spiritual director at Alma College, a theologate for Jesuit scholastics, at Los Gatos, California. SISTER MARIE CELESTINE teaches Latin at Notre Dam~ School, 168 West 79th Street, New York 24, New York. HUGH KELLY is instructor of tertians at Rathfarnham-Castle, Rathfarnham~ Dublin, Ireland. JOSEPH F. GALLEN is professor of canon law at kVoodstock Col-lege, W~odstock, Maryland. R.F. SMITH is a member ofthe faculty of St. Mary's College, St. Marys, Kansas. 200 Venerable Anne de Xainc!:onge Sisl:er Marie Celest:ine, U.T.S.V. The story of the founding of the first non-cloistered teaching congregation of sisters. T O EXTEND THE REIGN of Jesus Christ--that is my only ambition--my sublime enterprise." These words of Venerable Anne de Xainctonge echoed the yearn.'ing of her heart for a quest that led her through~ twenty years of suffering and trial and ended in the establishm.ent of th~ first non-cloistered congregation for the education of girls, the Society of St. Ursula of the Blessed Virgifi, on June .16, 1606. The successful completion of that quest was celebrated in 1956, the 350th anniversary year. When the American religious of the Society assisted on June 16 at a solemn pontifical Mass offered by His Excellency, Most Reverend Joseph F. Flannelly, aux. iliary bishbp of New York, in St. Patrick's Cathedral, their joy and gratitude reflected two Of the striking marks of their foundress's life--her joy and gratitude for her vocation. That vocation is best understood by its twofold achievement, the founding of a congregation without enclosure and her con-tribution to education. Her project brought change to religious life as well as to the world of pedagogy. Today it is as natural to see nuns walking along the streets of our large cities or traveling cross-country to spend their holidays in educational conventions as it is to find them taking part in scientific discoveries or teaching Christ in pagan lands. However, such scenes were unknown in the sixteenth century when nun-educators remained in their convents to impart to a small group of fortunate girls the essentials of Christian learning. The revolutionary character of this new idea--a non. cloistered order for women--can be appreciated by recalling the conditions existing in the days of Anne de Xainctonge. 201 SISTER MARIE CELESTINE Review for, Religious Dynamic changes in the field of ideas were keeping Europe in turmoil and coni~usion. The Protestant Revolt had led to the destruction bt~ schools" and colleges. Religious wars, par-ticularly in France, kept Huguenot and Catholic at bitter odds. Science, through Galileo and Kepler, was interesting men in new discoveries. It was a period teeming with new nationalisms, new adventures, and new literary trends. Henry IV, Sir Walter Raleigh, ai~d Montaigne dr~w admiring i~ollowers to their new endeavors. But if the peridd reflected feverish restlessness, it also prodhced: great figures of true serenity, a serenity acquired by th.e grace oi~ God and adherence to truth. In literature, Shakespe,are and Cervantes; in art, Holbein and Tintoretto; in theology, Bella'rmine and Canisitls--these Were but a fe~ who proved the worth ot~ the old "dducational values. Throughout the century the" Church struggled for reform. Her effort~, especially through the Council of Trent, bore fruit." Saints like Teresa of Avila,. Ignatius, and Francis de 'Sales fought for Christ with new ,weapons on new battlefields. It"was the field of education that challenged Anne de Xainctonge. to plan, suffer for, and reach her quest. The disastrous effects of the Reformation on educatiori had caused the Council of Trent to regtore the ancient discipline for ~thd trainii~g of the clergy, to legislate for the instruction of the faithful by preaching and the printed word, to ar'range for Sunday schools and the reopening of parish schools. France, not suffering the same persecutibn as England and Germany, wa.~ active in applying the i:egulations. ~' ~ If these recommendations, were followed, a new vitality would appear in the faithi~ul. In what way could Anne help? How could she extend the reign of Christ? ¯ Her desire.tosave souls became an overwhelming ambition. Developed.by prayer and nurtured by sacrifice, it was a decisive influence in her life --molding the quality of her spiritual growth and pointing .to its outward expression. 202 July, 1958 VENERABLE ANNE DE XAINCTONGE Actually, it was the. work of St; Ignatius, the most bril-liant of the educational leadersl .which most attracted the young girl. It was the. Jesuit .ideal in training youth which gave Anne the inspiration for her new Society. It was her Jesuit dir.ectors, Father de, Villars and Father Gentil, who prepared and tested her soul for' the difficulties ahead. When at last in. 1606 she formed her congregation,¯ it was the Ratio StuJiorum which she made the basis of her educational system, adapting and modifying it to the needs of gi~:ls, while following its broad lines of method and administration. The work of the Jesuits appealed strongly to Anne be-cause she watched their efforts at close range. 'Anne de Xainc-tonge was born in Dijon, France, November 21,'1567, daughter of Jean de Xainctonge, councilor of Parliament, and Lady Marguerite Colard. The child showed such a keen intellect that her father arranged an educational program for her, in-cluding subjects usually studied by boys. He himself became one of her tutors, choosing religion for his course, just as' his neighbor, ' President ~Fremyot, did for his children, among them the future St. Jane Frances de Chantal. While still young, Anne sl~owed herself a born teacher; for, after her lessons with her father, she would go to the servants and teacl~ them what she had just learned. She was 13eg~nmng to extend Christ's reign. A strong desire to do God's will ~aught her enthusias'm, so that even in an illness declared hopeless, but from which she recovered miraculodsly, she preferred God's will to her cure. 'A hunger for. Holy Com-munion and confirmation made her lea; nothing undone until she had succeeded in receiving both sacraments earlier than usual. This love for God and apostolic yearning made the young girl's decisions firm. When presented to society, ~he followed her mother's desires by dressing richly and taking an active part in the social life of the nobility of Dijon. However, she 2O3 SISTER ~ARIE CELESTINE Review for Religious refused to 'consider a proposal of marriage. Just what her vocation was Anne did not know. Neither marriage nor the cloistered life drew her, but a deep yearning to serve God and save souls possessed her. In the meantime, her confessor al-lowed her to teach catechism. However, he demanded that she put aside her fashionable dress while teaching in the churches or instructing the sick in hospitals. Anne felt that the work of the Jesuits was really extending the reign of Christ in the hearts of boys. Their new college, opened in Dijon in 1582, was adjoining her father's estate. Watching from her window or the garden, ,she was impressed by the new methods, ~he good order of the thousand pupils, and the gay recreations supervised by the masters on the playground behind the school. The more she appreciated their progress, the more she contrasted it with the feeble efforts made in the two or three schools for girls in Dijon, where reading, writing, and needlework formed the entire curriculum. If only a work similar to that 0f the Jesuits could be undertaken for girls! Then the light came. It could be undertaken--and she could begin it! At last, God's will seemed clear. She told her director, Father Gentil, that poor girls had been neglected, since "among us, no one has the courage to use her natural talents to glorify God as you are glorifying Him by yours." ~ Anne realized that for the work she envisioned her religious could not be cloistered. They would need to go out, to churches, schools, hospitals--to reach the rich and the poor --as many children as possible. But--an uncloistered order of women? The quest seemed fantastic. The mere thought of such a congregation would shock sixteenth-century France. Again, teaching was a task despised by people of high society; it was a work relegated to widows or ladies in financial distress, who usually knew little more than their pupils. The girls of poor families attended school until they were nine, while the wealthy had to educate their daughters at home or, if fortunate, send them to a cloistered convent as boarders. 204 July, 1958 VENERABLE ANNE DE XAINCTONGE To. Anne, the thought of teaching was not revolting. It was an apostolate! It was not only a challenge, but an inspira-tion, a means of extending the kingdom. But to form a society, she would need companions. Would any of her friends stoop to the humiliating task of instructing children? Anne began to prepare herself for her vocation by serious study, especially of religion. Soon her parents withdrew their promises of help for the work when they learned that God's will was leading Anne to establish it, not in Dijon, but in Dole, then enemy territory under Spanish rule. Her arrival in Dole, November 29, 1596, was welcomed as an answer to prayer by a group of. young ladies with a similar ambition. However, Dole was to exact ten years of suffering and humiliation before Anne could reach her goal. The history of those years shows h~r in the role of public benefactor--a lone figure digging the groundwork of her society. Most of those who had prayed for a leader lost courage in the face of hardships caused by social custom and family prejudice. For Anne herself, difficulties reached the height of persecu-tion as her father inaugurated violent methods of attack to force his daughter's return. Obliged to submit the plan of her congregation to two different courts of prominent and prejudiced theologians, she convinced them that her project for a non-cloistered community was sound, practical, and of divine inspiration. The battle over non-enclosure was won! Ecclesiastical and municipal authorization paved the way for the new foundation; and on June 16, 1606, there came to life. a non-cloistered congregation for the education of girls, the Society of St. Ursula. The work grew rapidly in France, Germany, and Switzerland. A few years after Mother Anne's foundation, St. Francis de Sales had to face the same problem of non-enclosure. When, with St. Jane Frances de Chantali he began the Visitation order in. 1610, it was as a non-cloistered community dedicated to the 2O5 SISTER ~IARIE CELESTINE Review :for Religious sick and poor. However, in 1615 Cardinal de Marquemont of Lyons, who had invited the Visitandines to establish a house in his diocese, urged St. Francis dd Sales to change the status of his congregation to one of strict enclosure. The cardinal feared that the fervor of the. religious would be weakened and that dangers would be encountered by their contact with the world. After resisting at first, the bishop of Geneva in humility finally yielded to the .cardinal's request, seeing in it a sign of God's will in his superiors and a means of spreading the work in this modified form to m, any parts of France. The saint admired Mother Anne's work and in 1608 had gone to Dole to see the schools of the Ursules. In 1621 he wrote to Mother Anne, asking her to establish a house in Thonon, Savoy. In requesting it he wrote: I have always admired, honored, and esteemed the works oi: very great charity which your Society practices, whose growth I have always very affectionately desired, especially in this province of Savoy. Relying on the hope 'which the Fathers of the.Society of Jesus have given me for establishing a house here, I have obtained permission for it from her 'Most Serene Highness. But if I have the pleasure of seeing a branch of the holy tree of Sainte Ursule in this diocese, I shall~ try to make known, by all sorts of proofs, the affection I have for it. That is why I beg you very humbly, my very dear Sister, to contribute to this project all you can, in God, not doubting that it is for the greatest glo~-y of God, the advancement and strengthening of many souls in piety, and finally, a very great consolation for those who come first to take part in this good work . Thus, humbly acceding to the wishes of others, St. Francis de Sales gave up his plan of non-enclosure. Mother Anne in an indomitable spirit of perse.verance worked and suffered for twenty years until she overcame all obstacles to non-enclosure. Her work. stood the test of time. The French Revolution could not annihilate it, nor the" laws of 1901 expelling religious from France. This expulsion brought forth new branches in Italy, .Belgium, and the United States. .The American work began in 1901, ~when Right ~Reverend Monsignor.Joseph H. McMahon invited the sisters to teach in Our Lady of Lourdes Parochial School in New York. Then an .academy was opened 206 July, 1958 VENERABLE ANNE DE XAINCTONGE " in 1912, now the Notre Dame School on West 79th Street; the Academy of St. Ursula, Kingston, New York, was begun in 1925. Two parochial schools, St. Joseph's, Kingston, and St. Augustine's, Providence, are conducted by the religious, who also have charge of the Latin Department in Cathedral High School, New York City. Mother Anne's second achievement was her contribution to education. Basing her system on the'Ratio Studiorum ¯ of-the Jesuits, she insisted on the. training of her teachers, a gentle fiimness in discipline, and an arrangement of classes suited to th~ age and ability of, th~ pupils. Her philosophy of education followed logically from her grasp of the-child's nature, a being composed of body and soul, ~stined for the City of God. The goal must be kept in mind, but the nature of the child must not be forgotten. To make the Incarnation real in the lives of the children was her aim. For her, the very end of education was to imitate Jesus Christ, to form Him in the young. "In working with these little souls, we shall do something very great if we keep our interior glance fixed on Jesus Christ." If her am-bition was to form Christ in the students, it was first-to-train, each of her daughters to be another Christ--that the re.ality of the Incarnation, the living of the Christ-life might radiate to o~thers. Her spiritual counsels speak again and again of the "reign of Christ." "I desire with all my heart, to make Jesus Christ reign and live within me." This aim was reflected in her methodsi which showed 'a humanistic approach. Women were losing their souls for lack of instruction; therefore, moral training was of prime im-p? rtance, while the core-curriculum subject wasreligion. One of the points Mother. Anne stressed .was the exacting of work~ according to the child's ,capacity. Individua! recitations, pupil activity, and self-expression to develop the reason were insisted upon.in all but the lowest classes. This practice, proper .to the new institute in 1606, was considered "one of the great pe~da, 207 SISTER MARIE CELESTINE Review for Religious gogical discoveries of the nineteenth century." Plays and pageants were presented to develop oral expression. In the teacher training program, similar attention is giver~ to the individual. The teacher must try to win each soul: by her gay and open manner, to inspire confidence; by a gentle firmness, to correct and exhort; by a personal spirit of sacrifice and abnegation, to serve others. To serve the whole world and particularly those of our sex, to instruct, console, warn, to give good example everywhere, and to pray always for the conversion or perfection of souls--that is the profession of the Ursules, but on condition that it is carried on without affecta-tion, complacency, or vanity . . . simply, humbly, cordially . Such exterior works sprang from a deep Christ-centered spirituality. Every fiber of Anne's being spent itself to extend Christ's reign. Again and again she exhorts her daughters "to spend themselves for the glory of God and to make Jesus Christ reign." Christ living in the Blessed Sacrament was the center of her life. If her desire as a child was to receive the Blessed Sacrament before the usual age; if, as a religious, she planned her pupils' day to end with a short visit to the Blessed Sacrament; and if her guardian angel walked behind her on Communion days instead of preceding her, it was because her devotion to our Lord in the tabernacle was a solid and practical one. It was so deeply practical that, although in dire need in Dole, she had refused our Lord's offer to live on the Blessed Sacrament alone, lest she cease to be a model of imitation for her daughters. Her motto, "Mihi vivere Christus est--et mori lucrum," was a practical rule of action by which she could' give in gratitude for Holy Communion "heart for heart, life for life, soul for soul." Tkus, by building the child's character on conscidnce and love of God, she hoped, to build it high above the petty disputes and local antagonisms. Human interests must transcend the national. In 1956 the Society opened its first foreign mission in Luena, the Belgian Congo, and boasts three nationalitids, including American, among the four pioneers. Mother Anne 208 July, 1958 VENERABLE ANNE DE XAI~CTON(~E had braved the derision of a class:conscious society to devote herself to the poor and ignorant. Her principle of adaptation to new needs has given her Society a framework within which to develop varied educational works. During Cana Conferences, when parents come to the convent for a day of spiritual refreshment, Mother'Anne's daughters care for their children just as she herself 350 years ago cared for the babies in the vestibule of the church to allow their mothers to assist at Mass in .peace. As she urged her daughters to discuss the problems of the children's education with the parents, so the Society's P.T.A.'s hope to serve the same worthy purpose of informing them of their childen's progress in knowledge and virtue. Besides academies and free schools, orphanages are conducted. In Italy a special program is set up to help servant girls, called "Zites," a work dedicated to St. Zita, patroness of .domestic servants. It is a beautiful continuation of Mother Anne's attention to the servants, first as a child in her own home, and later, on a much larger scale. In the United Stat.es, in addition to academies and sch6ols, catechetical work is also done. In Phoenicia, New York, a religious vacation school is open in the summer to the children of the neighboring ~illages. To this restful spot in the Cat-skills comes a group of children from Casita Maria in New York each .year for a few w~eks of vacation. Thus a sixteenth century educator may be called modern because her principles have a universal appeal' and allow for adaptation. To see the child with his charm and weakness looking up to God--to see God in His infinite fatherly love bending down to the child--is .to see a picture of the educa-tional process in Mother Anne's mind. To help the child reach up with hands and head and heart--to plead .with the Father" to bend lower to lift up the child--that is a picture of the teacher's role in Mother Anne's plan. To carry out ~his plan, 'this quest of saving souls, the Venerable Anne de Xainctorlge established a non-cloistered 209 SISTER MARIE CELESTINE teaching order for the education of girls, the Society of St. Ursula of the Blessed Virgin. She made that Society able and re.ady to meet new needs and new conditions. Charted by .unchanging principles, it can face the challenge of e~ch century on. the path of its unending quest. Last year, its 350th anni-versary, each haember of the Society, whether in Europe, the United States, or Africa, dedicated herself anew to that quest in the words of her venerable foundress, "To extend the reign of Jesus Christ--that is my only ambition--my sublime enterprise." For Your la[ormation (Continued from page 193) is no age limit beyond that of common sense. There are no special financial or educational qualifications. In the apostolate of the Daughters of the Paraclete, there is a place and. a work for all--nurses, teachers, o~ce workers, domestic workers, and so forth. Requests for further information may 'be sent either to: Most Reverend Albert L. Fletcher, D.D., 305 West Second Street, Little Rock, Arkansas; or to: Miss L. A. Manes, Para-. clete House, 802 Center Street, Little Rock, Arkansas. The Catholic Counselor Our attention has recently been called to The °Catholic Counselor, a magazine that has just finished its second year of publication. The purpose of this periodical, ~is describdd on its masthead, is: "To act as an organ of communication for Catholics in the field of guidance. Spdcifically, the staff plans through The Catholic Counselor (1) to develop knowledge and interest in Student' Pdrsonnel Worl~ in Catholic Institutions; (2) to serve as a forum of expression on the mutual problems of Catholics in counseling; (3) to foster the. professional growth of Catholic guidance workers by membership in the A.P.G.A. (Continued on page 222) 210 Prot:icien!:sm Who Do No!: Progress I-lUgh Kelly, S.J. FATHER, I have not been making any advance in my spiritual life for some time past. In fact,' I seem to be going back. I seem to have lost much of that fervor I had in my early days in religious life. I have no longer the sense of God's presence I had formerly, nor the desire to sub; due self and to make progress in prayer and in the interior life. I have made efforts to get back again to my former state of fervor but with pool results. I am much discouraged and do not know what to do." There are few priests with any experience as retreat masters or confessors of religiofis who have not heard such a complaint often. These are complaints which a priest must take seriously as they come from a real anxiety and are a strong appeal for help. What is the truth of that diagnosis? Has progress really stopped? Has there been deterioration? Has the desire of' advance grown slack? It may well be that these questions can be answered in the affirmative and that there l~as been delib-erate infidelity and a slacking in the duties and practices which are the condition of fervor. In that case the problem is easily solved; the religious ha~ but to resume his forme~: fide.lity. At least this is the necessary preliminary step. Whether it is the only step and can remedy the situation will depend on other questions. But let us suppose there has not been conscious, deliberate neglect; and the religious can be fairly certain of this. ~ What, then, is the cause of the state in which he finds himself and which he diagnosed so accurately? There has been a great change. The soul is at a loss, is much discouraged, a~d is sorely in need of help. How is a priest to deal with such a case? 211 HUGH KELLY Review for Relig.ious As a help to a solution let us put the case in professional language!. We can say that the religious in question has passed through the stage of beginners and is well within the ranks of the proficients. The division of souls, seriously living the spiritual life, into beginners, proficients, and perfect is strongly traditional and is natural and easy to" understand. It is based on the different measure of charity which the soul possesses. The first class 'consists of those who possess charity and whose chief concern is to secure it firmly against that which would destroy it, mortal sin. In the next class, the proficients, are those who have consolidated charity in their souls and whose concern is to develop it and integrate it by the addition of the other virtues which it needs for its full growth and flowering. The perfecf are those in whom charity has got its appropriate extension and depth and whose concern is to live a life in which all xhe activity is dominated and controlled by charity. There is scarcely any need to note that within each of these main divisions there ale many minor steps or stages. The division has this advantage that it denotes the two main ideas--that perfection is a movement, a progress with definite stages, and that it is measured by charity. To return now m the definite case we are considering-- we can say that the. religious in question has passed from the stage of beginners to that of proficients. We may say that the early years of religious life are the stage of beginners, that period when the young religious learned to live well the new way of life on which he had entered. The period would be considered to last up to the final profession or to some years: beyond it. At this stage the religious has abundant help and guidance. from his spiritual superiors. Assuming that he was reasonably faithful and generous and thus corresponded substantially with the training, we can say that at the end of this period we have one who assuredly is not yet perfect, but who is emphatically a good religious; one who is observant and edifying, diligent and obedient; one who has learned the place of prayer in life; 212 I July, 1958 PROFICIENTS~WHo DO NoT'PROGRESS who has reached a considerable degree of union with God; one who has peace of soul and delicacy of conscience; in a word, one who is happy and successful in his vocation. Clearly, a definite stage has been passed through with credit. A Spiritual Crisis But now there comes a change; there comes a halt to the advance; or at least the sense of progress is no longer felt. The motive power which carried the soul forward to this stage of the spiritual life seems suddenly to fail, and the whole growth and activity of the soul seem to come to a standstill. What is to be done to counteract the paralysis and to set things moving again? "Only too many religious lose courage, remain passive, unable to extricate themselves from the morass in which they are held. Perhaps they ask for advice and help and get none. There was never a moment in their religious life when they needed help so sorely; if the help does not come, the whole of their future life will be much the poorer. Only too many religious find themselves in this condition. Hence, we have only too ,often the disturbing phenomenon of a spiritual life which began well, which showed progress for the early years and then petere~t out into mediocrity and dis-illusionment. The early hopes have not been fulfilled; the dreams and right spiritual ambitions have faded away in early middle age. A career that promised much for God has been some way blighted. The religious we have envisaged at the opening of this paper has reached such a crisis in the spiritual life. He needs guidance and encouragement. A'director or retreat master who takes his work. seriously cannot shirk what is his duty; he cannot refuse to stretch out a helping hand, to ~ndicate ¯ some means, to give some helpful direction. What, then, is a director to do in the face of this situation --that of the religious who has quickly and successfully trav-ersed the first stage and then stops and comes to a standstill; whose initiative and motive power seem to fail, to be stricken 213 Review for Religious with a mysterious paralysis? The first thing the director must grasp and which he must make clear to the religious is that the soul has now entered into a new stage in which the main con-ditions are quite different from those of the previous stage. The conditions which determine the life of the proficient are very different from those that the beginner had to deal with. What will ohelp t.he one may harm the other. "When I was a ~hild I spoke as a child, I understood as a child, I thought .as a child" (2 ~or. 13:11). Proficients are no longer children; but they do not realize that they have changed, and they con-tinue to speak and think as children; they have not yet put away the things of.a child. The first, perhaps, of the new conditions to be reckoned with is that there has been a weakening of the desire of' per-fection-- which is the motive power of spiritual advance-- Owing to the "fact that it has been enfeebled by certain faults or maladies which belong particularly to this stage. The faults are "interior, 'often. scarcely perceptible and henci~ not com-batted; but they exercise a powerful adverse influence on the condition of the soul.--These faults and adverse tendencies may bd reduced to four. 1. The. soul is secretly pleased with the progress it has made and unwittingly is inclined to relax in its desires and to rest on its oars. And it is a fact that much Progress has been made which the soul cannot help seeing. A worldly life has changed its directioni many external faults have been elim-inated or Controlled; many ,~irtues and good practices have been acquired; the soul has reached a considerable degree of familiarity with God and enjoys the peace and satisfaction which comes from being rightly orientated toward its true end~ and supreme good. These feelings and considerations which are well founded may come to leave a certain feeling of satis-faction or even of complacency, a half:accepted idea that the progress, which is undeniable, is due in a good measure to 214 July, 1958 PROFICIENTS--WHo DO NOT PROGRESS one's own efforts. In that way vanity may be nourished subtly, and any such feeling is a hindrance, to a'.true advance in "charity. 2." Moreover, that complacency may be further fed by the idea that the chief obstacles to a fervent rel!gious life have been alreddy overcome. It is a fact that no s~rious faults' are now visible, that no new conquests are to be called for. The religious has been well trained, no doubt at the cost bf many sacrifices, to fit smoothly into his r~ligious life and is clearly an edifying, observant, diligent member "of his community. What more can-be reasonably expected? He does not 'see 'in what direction he is to direct his effort~. But therd :precisely is one of the new condition~ he has not taken account of--that the faults are hidden, that khe ol3jectives are not ~)isible, that ~he soul simply doe~ not see its way. . 3. It is 'normal, too, that'sby thi~ time'wo~k and activity play a large, part in the life of ~he're}igious ~ve are considering; b)~ now h~ will' h~a~,e ~ound the a~prop~:iate exe~:cise of .his gift~, B~) that ~ery fact he is e.xpose~d to a fault, which the old spiritual writers called effusio ac/ exteriora~an e~cessive pr.e-occupation with external things. This religious has come to see how he can serve God effectively; he do~s his work well, "is deeply .interested in it. That activity, as an essenti~il part of his vocation, was 'meant inGod's design to b~ a potent ~ans of sanctification, to be a school of certain virtues which could not be learned easily 'in :another school. If the work is not carried, on in this spirit, it will affect "the 'spiritual condi: tion of the.soul. Joy in successl in ~ongenial adtivity, in the praise and recognition which" follow a job.w~ll done, " these tend to'produce a feeling of ~exaggerated self-satisfaction~, a certairf conceit, a sense of one's own value,, a self-assurance, an exigency in one's demands and in time will produce an atmosphere of soul in which purity of heart, detachment, meekness, which arethe interior equipment of the apostle, will not flourish. Here, then, is another of these new conditions which must" be taken account of if there is to be true spiritual'progress. 215 HUGH KELLY Review for Religious ~4. 'If the faults mentioned are really at work and having their effect, then we must conclude that the prayer is not what it should be for the simple reason that if the prayer were right it would prevail over the adverse in.fluences. A true prayer would give light to keep the goal in view steadily; it would unmask hidden faults; it would give strength to overcome them and to make the effort necessary to advance. Hence, we may say confidently that the most important of the new conditions which have not been recognized is that the prayer has not kept pace with the other advances, that it is not the prayer appropriate to the present spiritual state. The religious may have clung to the type of prayer he was taught at the beginning of his religious career and which he may well have outgrown. A prayer that is predominantly active, meditative, that deals largely in reasoning, comparisons, formal definite resolutions, is assuredly a most useful prayer for beginners but not necessarily for proficients. It may well be that the prayer has b~come formal, superficial, that it is not sufficiently interior and does not give that light and unction that the sohl needs in its :present state. Other reasons, operative in individual cases, .could be ,mentioned; but those given are generally found and are suffi-cient .to account for the phenomenon we are considering-- that is, a religious who began in the best dispositions, who went through the first stage with generosity and courage, who had reached a cr.editable stage of union with God, and who then seemed to slow up and make little further progress. And then--perhaps in the course of a retreat such a religious comes to realize his state---he will experience a deep feeling of dis-couragement, a feeling of. paralysis of one who knows that there is something seriously amiss but who cannot say what it is exactly and hence cannot do much about it. If he does not get the guidance and help he needs now, he is likely to lower his spiritual aims and settle into an abiding mood of frustration and disillusionment. 216 July, 1958 PROFICIENTS --- WH0 Do NOT PROGRESS The Remedy So far we have attempted a diagnosis of a malady and a mood common to souls." who have reached the degree of proficients. They are the proficients who have ceased to pro. gress. We may now attempt something in the way of remedy or prescription. The first step of the director should be to point out to the religious that he must realize that he is in a new stage, that the whole nature of the struggle has changed, that he had been clinging to .the things of a child now that he has ceased to be a child. The methods of the previous stage have done their work, all that they were meant to do; but they will not serve in the new stage. Now there is question of new obstacles, new means, new kinds of virtues to be cultivated. The frustra-tion experienced is due to the fact that the conditions of one stage have been retained "for a stage for which they are not suitable. ~ Speaking generally, the spiritual life must now become more interior. The struggle has now been transferred to a deeper region within the soul. The whole spiritual lit:e must grow in intdriority. And first of all the soul must come to a deeper knowledge of the implications of the call of Christ, to a truer realization of the.depth of renunciation contained in His invi-tations. "If any man will come after me, let him deny him-self" (Matt. 16:24). Had the soul come to know the full force of the word deny, that it is the word that is used by the gospel to indicate the action of St. Peter in the Passion--that it implies an entire repudiation and rejection! When Our Lord spoke the words, "Unless the grain of wheat falling into " the earth die, itself remaineth alone" (Jn. 12:24), He spoke of His own Passion and indicated the measure of His sacrifice; but He also gave some idea of what He expected from those whom He called to follow Him. No doubt something of that renouncement was already understood by th~ religious, but how imperfectly. I2Iis words contain depths of renunciation 217 -HUGH KELLY Review for Religious which are revealed only slowly and as a result of much purifi-cation of soul. The. invitation., "Come follow Me," contains many~ degrees of imitation and proximity. Purity.-- Dod.lity The chief means by which the soul is to reach to this interi.ority are, according to L. Lallement, greater purity of heart and greater docility to the .Holy Spirit. Greater purity of heart presupposes a-greater knowledge owfa sth ceh ifeafulyl tcsg oncf etrhnee dh'e waritt.h I nac tthioen psr, eovri oaut sle, asstta gwei tthh e't h,roeu~glihgtiso ours feelings that might be .considered as .venial sins, and the examina-tion of conscience was instituted with a view to confess them as such. But now the examination must probe more deeply. There is a whole stratum of tendencies, instinctive movements, automatic reactions, which indicate the p.resence of that self which is the center of resistance to God's advances. Self-examination must now penetrate to this hitherto unknown region~in which'will be fo~und ~i self that is wayward, dissipated, full of the ¯seeds of sin and ~evolt and which¯ must be controlled before there can be any true domination of charity. Such a purification must be systematic and must cover the heart, the imagination, and the judgment. The heart obviously needs such a fine purification seeing that it is the source of countless movements and affections which cannot be left uncontrolled, because they ¯exercise a strong in-fluence on the.decisions of .the will. These movements are the obscure stirrings of inordinate self-love in some of its manifold manifestations--little indulgences, almost-instinctive preferences,, resentment.s, impatiences, little acts of selfishness of one kind or another. "Fie on't; tis an unweeded garden." It cannot be ¯left to the weeds; it must be cleared and cleansed if it is to be brought under the sweet rule of charity. The imagination no less than the heart needs its own systematic purification. This is the faculty which St. Thomas called 218 July, 1958 PROFICIENTS---WHo DO NOT PROGRESS domlna falsitatis, the mistress of the false.;, and it can very seriously trouble the soul by its vain and foolish images and fancies. Such a source of dissipation and distraction is a chal-lenge to the spirit of prayer or to peace of mind. The purification of the judgment is still more necessary because its acts are more ddliberative. We find ourselves almost instinctively passing judgment, on people, on actions~ ¯ on motives, judgments which are often wrong, ungenerous, suspicious. If such a tendency is left unchecked, it will make fraternal charity a very difficult thing. Such a systematic effort of purification, deeper and more searching than was called for in-the beginning of religious life, is necessary at this stage. The kind of examination which sought out .sins or exterior faults will be ineffectual now. Such an interior purification our Lord aims at in the preaching of the Beatitudes; these are the virtues which .give the disposition of heart necessary for a generous acceptance 9f His new religion. There is another region of the spi.ritual .life which calls for purification, one which is more hidden, more unexpected. even than any we have yet considered. The very spiritual life, of beginners is often full of unconscious self-seeking. In their spiritual practices they seek their own satisfaction; they look for consolation and sensible devotion in their prayers; they ar~ attached to certain, methods or forms of prayer. And their activity in spiritual things ,can produce such faults as vanity, jealousy, arid a sense of superiority over others. St, John of the Cross has devoted a long section of the Ascent of Mount Carmel to a close analysis of such faults: The control of these is the fruit of different stages of the dark. night, some of them being eliminated by the effort of the individual aided, of course, by grace, others .being so deep-seated, so well hidden that they yield only. to the action of infused prayer in the passive night of the sense. Of the second necessary condition mentioned by Lallement, docility to the Holy Spirit, it is not necessary to speak at any 219 KELLY' Review for Religious great length. "According to the instruction of our Lord, the Holy Spirit is by attribution the master of .the interior life. Describing His function our Lord said, "He will teach you all things and bring all things to your mind whatsoever I shall have said to you" (Jn. 14:26). The Paraclete was thus to teach in-teriorly what our Lord had taught by word of mouth to the apostles, opening their hearts sweetly to the fuller depths and force of His teaching. All movement in the spiritual life will be His concern, but He will be particularly active when the spiritual life is to grow more deep and interior. The finer purification already spoken of will be achieved only by His special presence. But the work of the Holy Spirit is not merely or chiefly the negative one of purification; it is still more a positive formative activity--to supply the light needed to get a deeper grasp of the spiritual life and the strength to live up to that light. The general results of this assistance of the Paraclete can be indicated here only in a summary way; they may be said to consist in a new enlightenment in three points. (I) The Holy Spirit will give a deeper understanding of the theological virtue of faith--a better realization that it is faith alone which gives us "the true and loving God" and is the true and unfail-ing approach to Him in every stage of the spiritual life on earth. (2) Again the Paraclete. will lead the soul to a kind of prayer which the soul has need of at this stage of its ad-vance. It is a prayer of great simplicity which will be nour-ished interiorly chiefly on the words of the gospel and the liturgy, the mysteries of Christianity, a prayer which opens up the teaching of Christ in such a way that it yields its sweetness and unction more abundantly. St. Ignatiu~ has described this prayer as that which enables the soul sentire et gustare res interne, . to get the true inner savor, of spiritual things. (3) But the action of the Holy Spirit will have as its chief aim to reveal Christ more fully; to make the soul realize better His role in the spiritual life. "I am the way, the truth, and the life. No man cometh to the Father but by Me.': (Jn. 14:6) 220 July, 1958 PROFICIENTS---WHo DO NOT PROGRESS A real, practical acceptance of this cardinal truth is the c-o-fi-dition and measure of advance at this stage. And it is to" be kept in mind that this is the function attributed to the Paraclete that our Lord stressed. "But when the Paraclete cometh---He Shall give testimony of Me" (Jn. 15:26) and again "He shall glorify Me because He shall receive of Mine and shall show it to you" (Jn. 16:14). The Holy Spirit is sent, then, to give testimony to Christ, to His transcendant role in the gpiritual life as the unique medium by which the soul can attain its supreme good and last end; and this is to glorify Christ by showing His true greatness. The spiritual perfection of the soul is constituted by union with Christ in charity. The stages toward this goal are marked by a fuller realization of the part which Christ must play in this advance; and, consequently, a more perfect exercise of faith and charity. The end of the process is expressed by St. Paul, "And I live, now not I; but Christ liveth in me" (Gal. 11:20). It ¯ was expressed still better by our Lord Himself as He was enter-ing on His Passion, "That they all may be one as Thou Fatl~er in Me and I in Thee; that they also may be one in Us" (Jn. 17:21). The stage of the spiritual life we have been considering, that of proficients, is simply the study of the fuller action of Christ and His Spirit at a specially critical moment. This divine action is, of course, essential in every step, even at the first; but it is deeper, stronger, more interior in the later 'and higher stages. The soul we have been considering depended on the grace and example of Christ even for its first steps. But advance beyond this initial stage calls for a more powerful aid. To qualify for that newer assistance the soul had to dispose itself by a deeper and finer asceticism. Without that special prepara-tion it could not have caught the breath of the Spirit which Christ was to send, the new impulse without which it would have languished ineffectively, if not a wreck, at least a failure. 221 HUGH KELLY From the foregoing pages it is hoped that it will appear that the division of the spiritual life into beginners, proficients, and perfect is not merely a theoretical matter, the concern of professors and historians. They are the actual stages through which, normally, all souls pass who try to realize the great design for which God has created them and for which He has given them His Son to be for them the way, the truth, and the life. It should then be clear also that the priest who is director or retreat master should have a workable knowledge of these di-visions. He is certain to come across souls who are going that way, who need his guidance and help at moments when such assistance may make just all the difference in the world. For Your Informal:ion (Continued from page 210) [American Personnel and Guidance Association- and (4) to encourage cooperation among Catholic Guidance Councils on local and regional levels." The subscription price is $1.00 per year--for three issues, autumn, winter, an~d .spring. Subscriptions should be sent to: The Catholic Counselor, 650 Grand Concourse, Bronx 51, New Yo~'k. Good Spiritual Reading? A superioress would like to obtain"a helpful list of worth-while spiritual reading books for a community." She refers to currently published books, not to the old masters. We do our best to supply such lists through our Book Review De-partment. It has occurred to us, however, that the suggestions we make in that department might be supplemented in a very practical way if our readers would send in brief communications about books they or their communities have found helpful. If you wish to recommend a book that you or your com-munity found helpful, please address your letter, to: The Editor, REVIEW FOR RELIGIOUS~ St. Mary's College, St. Marys, Kansas. And please type the letter, preferably triple-spaced, at least double-spaced. 222 The eneral .Chapt:er .Joseph F. Gallen, S.J. QUESTIONS AND CASES are frequently received on the general chapter. A coml~lete article on this matter would. be of prohibitive length. It would also be excessively de-tailed and technical. We believe that ~he practical purpose of such an article will be better attained by presenting the matter under the form of questions and cases. The following ques-tions are the first part of a series. I. Delegates 1. According to our constitutions, a former brother general is a mem-ber of the general chapter in virtue of this office that he had held. A former brother general is a member of our house, but he is not the local superior. The hl)use elected him as delegate to the general chapter. Does he have two votes in the general chapter? No. Anyone may be elected in a chapter who is not excluded from the office in question by canon law or the par-ticular constitutions. Canon law does not exclude the election of anyone as delegate because he otherwise has the right of membership in the general Chapter in virt'fid~"of hi~ office or from some other title, nor do the constitutions of lay institutes enact any such ~general exclusion. These constitutions also do not ordinarily .forbid the election of a former superior general as a delegate. Unless there is such an exclusion in the present constitutions, the election is valid. However, this. brother will have only one vote in the general chapter. It is certain from canon 164 that no one may cast many votes by reason of many titles to vote, e. g., a brother may not c,ast two votes in the general chapter because he is a former brother general and an elected delegate from a province or house or because he is a general councilor and also a local superior. It is not 'certain, even. though the wording of the. canon favors the contrary opinion, tl~at one may not cast many votes when the one title gives the right to many votes, e. g., if the constitutions give 223 JOSEPH F. GALLEN Review for Religious the superior general or provincial two votes. The constitutions of lay institutes *do not make such a grant. A religious may cast his own vote and another as proxy for another elector when the constitutions or customs permit voting by proxy, which is excluded with practical universality in the constitu-tions of lay institutes (c. 163). 2. Doesn't canon law deprive of active voice one who had been a Catholic, joined a non-Catholic sect, returned to the faith, and had been admitted to the noviceship of a religious institute with a dispensation from the Holy See from the impediment, to entrance? The question is based on canon 167, § 1, 4°, which reads: "The following are excluded from voting: Those who joined or publicly adhered to'a heretidal or schismatical sect." However, it is a safely probably opinion that the dispensation to enter the noviceship removes also the disability of canon 167, § 1, 4"°. Goyeneche, Quaestiones Canonicae, I, 164-65; Schaefer, De R~- ligiosis, n. 493; J.one, Commentarium in Codicem Iuris Canonici, I, 171. 3. When we elect a delegate, may we instruct him whom he is to vote for and what proposals he is to vote for in the general chapter? You may not do this unless it is permitted b)) the particular law of your institute. The very few institutes that do permit this also contain a provision of the following tenor: "Ttie com-munity represented by a delegate may give him instructions regarding the election and other matters to be discussed either at the provincial or general chapter, but the delegate remains free as to the exercise of his vote for the interests of the con-gregation." 4. Is a delegate to a general chapter obliged to' accept proposals from other members of the institute? When the constitutions give prov.inces, houses, or individuals the right to make proposals, a superior or delegatd must accept the. proposal and submit it to the general chapter; but he is not obliged to promote or vote for the proposal in the chapter. If the right '.is not granted, individuals may suggest propogals 224 July , 19fi8 THE GENERAL CHAPTER to members of the chapter; but there is no obligation to accept merely suggested proposals. Anyone who makes a proposal should study carefully and even consult as to whether the pro-posal is well i:0unded and prudent. Careless, groundless, and extraneous proposals can waste a great deal of time in the chapter. II. Preliminaries 5. Our constitutions speak of the "election" ot~ local superiors and other officials by the superior general and his council. Is this an accurate expression? An election to an office in a religious institute or society of common life is the designation of a person made in a chapter. The designation to an office made by a superior alone or with the consultive or deliberative vote of a council is not an election but an appointment. The latter is frequently called an election in the constitutions of lay institutes. It is not such and is not governed by the norms on elections. 6. How long should a general chapter last in a lay congregation? Constitutions appr6ved by the Holy See state that the general chapter is not to be prolonged beyond a reasonable length of time but that no precise limits can be fixed for its duration. It is obvious that the duration will vary according to the number and importance of the matters proposed to the chapter of affairs;and it is evident also that the chapter should not be so rushed and abbreviated that it fails to perform its duties properly, especially as regards the chapter of affairs. The constant brevity of some chapters creates a suspicion that insuf-fi~ ent attention is given to the chapter of affairs. Bastien states thh~ the chapters of lay congregations, outside of particular arid~ exceptional circumstances, will last five days. (Directoire Canonique, n. ~291) This would give three full days t~or the chapter of affairs. Apt 'and careful preparation, the mimeo-graphing and previous distribution of reports, and capable direc-tion by the president will expedite the chapter and render it more efficient. 225 ,JOSEPH F. ~ALLEN Review for Religious 7. Our constitutions impose a retreat of one day before the general chapter. We believe that the retreat would be more helpful if made after the preliminary sessions and immediately before the election of the superior general. May we change the time of the retreat without securing authority to change the constitutions? Yes. The time is a completely accidental part of this law, and there is a sufficient reason for changing the time in this case. A day of prayer is most helpful for the quiet of soul and purification of motives that are necessary for any election, arid these effects are mo~e apt to persist undiminished when the retreat is made immediately before the supremely important election of the superior general. 8. What is the meaning of the article of our constitutions regarding Mass on the day of the election of the superior general, i. e., "If the rubrics permit, the Mass shall be that of the Holy Spirit"? The constitutions of lay congregations almost universally prescribe that Mass is to be oi~ered on the day of the election of the superior general in the house where the chapter is held. The intention usually specified is for the election of the superior general. Sometimes this intention is for all the work of the chapter. If the former intention is designated, it is to be coun-seled that Mass or Masses be offered on the following days for the other works of the chapter. The constitutions, with the same universality, exhort all the capitulars to receive Holy Communion at this Mass for the same intention. Even if the wording of the constitutions imposes this Communion as obligatory, it is to be interpreted as merely exhortatory (c. 595, § 4).° If the rubrics permit, the votive Mass of the Holy Spirit is to be the one used, since this is the traditional Mass for an election. It is found at the end of the missal, in the first series of votive Masses, under Thursday. If the ordo of the place of celebration permits, this Mass is ordinarily to be celebrated as a private votive Mass. It may be low, sung, or solemn. Private votive Masses when sung are forbidden on any double; any Sunday; on the privileged ferias (Ash Wednesday, Monday- Tuesday-Wednesday of Holy Week); on the privileged vigils 226 July, 1958 THE GENERAL CHAPTER (Christmas and Pentecost) ; within the privileged octaves (Christ-mas, Easter, and Pentecost); and on All Souls' Day. When read, they are forbidden also. on ferias of Lent and Passiontide; all vigils; ember days; Monday of Rogations (before Ascension) ; Dec. 17-23; Jan. 2-5 and 7-12; and Ascension-Vigil of Pente-cost. This Mass has no Gloria nor Gredo, occurring com-memorations and orationes imt~eratae are included according to the usual norms, the preface is proper, Benedicamus Domino is used at the end, and the last Gospel is that of St. John. If the election occurs on one of the forbidden days, the local ordinary may be requested to grant a solemn votive Mass. The election of a general or provincial superior is sufficient reason to give this permission. This must be a sung or solemn Mass. It is forbidden only on feasts and Sundays that are doubles of the first class; the privileged ferias (Ash Wednesday,.Monday- Tuesday-Wednesday of Holy Week) ; the privileged vigils (Christ-mas and Pentecost); within the privileged octaves of Easter and Pentecost; and on All Souls' Day. The rite of this Mass is the same as above; but there is a Gloria, Gredo, Ite, Missa est, and only imperative commemorations and orationes impera-tae/~ ro re gra~i are included. For greater solemnity, ~his Mass may also be requested on days when a private votive Mass is permitted. If neither type of votive Mass is possible, the Mass of the Office of the day must be said or sung. 9. An article of our constitutions states: "The superior general or, in her absence, the vicaress shall present to the members of the chapter a report of the m.aterial: personal, disciplinary, and financial status of the entire congregation and of all matters of greaier importance" that have occurred sim:e the last general chapter. The report is to be drawn up by the procurator general. It must be approved by the general council, who sign their names to the report before the celebration of the chapter." Does the procurator general draw up this entire report? No. The only part of the report that is drawn up by the procurator, bursar, or treasurer general is the financial section. All other sections of thd report are compiled by the mother 227 JOSEPH F. GALLEN Review for Religious general herself. The material section under its economic or financial aspect appertains to the procurator, under an aspect such as the opening and closing of houses, to the mother general. It is evident that the personal and disciplinary state of the institute does not appertain to the office of the procurator general. 10. In the several general chapters that I have attended, I have found the reports of the brother general very fatiguing. What can be done to eliminate this difficulty? Since the reports are of the state of the entire institute, they can evidently be very long and detailed. The mere reading of such reports will be fatiguing to the capitulars; they will not grasp many of the details and can very readily fail also to perceive the general state of the institute or at least the content of some sections of the reports. The following obvious method will lessen these difficulties. The complete reports should be mimeo-graphed before the chapter, and numbered copies given to each capitular as soon after his arrival as is prudently possible. The members will then have a sufficiently prolonged time for studying the reports; and the brother general can confine his presentation to necessary explanations, descriptions, and to emphasizing the more important parts of the reports. The numbered copies are to be collected from the capitulars after the chapter of affairs. III. Tellers 11. Our constitutions speak of "scrutineers" at chapters. I cannot find this word in the dictionary. Is it correct? The Latin original is scrutator, feminine scrutatrix. The idiomatic translation that should be in constitutions is teller. Many awkward translations are found in constitutions, e. g., scrutators, scrutinizers, scrutatrixes, scrutatrices, examiners, depu-ties, anti ballot mistresses. The style of constitutions should be accurate, direct, simple, brief, and readily intelligible. All words redolent of formalism or legalistic jargon are to be avoided. A similar error is found in the many constitutions that speak of the first, second, etc., "scrutiny." This again is a completely literal translation of the Latin "scrutinium." The idiomatic English 228 July, 1958 translation is ballot. "Balk employed also to signify th, THE GENERAL CHAPTER ring" may also be used. "Ballot" is individual voting slip or ticket, but ! the context will exclude anyI ambiguity. 12. I have on several occasionsl been appointed as one of the two priest tellers at the elections in monaster.ies' of nuns (c. 506, .~ 2). Was I obliged to take the oath imp, osed by canon 171, § 1, on tellers? No The president a~ld the tellers, provided they are mem-bets of the chapter, are "ob oath to perform their dut proceedings of the chapter, A president who is not a m local ordinary who presides [iged by canon 171, § 1, to take an es faithfully and to keep secret the even after the close of the chapter. mber of the elective body, e. g., the at an election of religious women, is certainly not obliged to take" this oath. The same exemption from the oath probably ex~ends to tellers who are not members of the elective body and thlerefore to the two priest tellers at an election in a monastery of Inuns. Cf. Larraona, Commentarium Pro Religiosis, 8-1927-102-9; Jone, Commentarium in Codicem Iuris Canonici, I, 416; Scha~efer, De Religiosis, n. 512; De Carlo, ~ Jus Religiosorum, n. 129; ~Berutti, II, De Personis et de Clericis in Genere, 225; Parsons, Canonical Elections, 147; Lewis, Chap-ters in Religious Institutes, 107. 13. A local ordinary complained of the delay occasioned by the election of the two tellers and the secretary before the electi on of the mother general. What can we do t~ eliminate the source of this complaint? The local ordinary justifiably! complained. The tellers and the secretary should be el~ected in the first preliminary session of the chapter. The conlstitutions fisually put these elections under the section on the election of the mother general, but it is far more convenient to hold them in the early part of the first preliminary session. "~his greater convenience is a sufficient reason for changing the o~rder stated in the constitutions. The wording of a. 226 of the ~/ormae of 1901 appears to favor the elections at this prehmlna.ry session",n s li ct es t t eas that they are to be held before anything else. If this is done, the secre-tary can begin immediatel~y to corripi[e the acts, the tellers can 229 JOSEPH F. GALLEN Review for Religious perform their duties also at the election of the committee for the reports of the mother general, and the local ordinary is spared a sufficiently long and inconvenient delay in presiding over the session for the election o~ the mother general. IV. Presiding 14. Who presides at the general chapter of a congregation of brothers? The brother general presides at the general chapter in lay institutes of men; but pontifical and diocesan constitutions can be found that give this right, personally or through a delegate, to the ordinary of the place of election. 15. Who presides at the election of a superioress of a monastery o~ nuns? In a monastery of nuns that is not subject to regulars, the president of the election 6f the superioress is the local ordinary or his delegate. If a monastery is subject to regulars, the local ordinary is to be opportunely informed of the day and hour of the election. The presidency appertains to the ordinary or his delegate, if eithdr attends; but either may attend and leave the presidency wholly or partially to the regular superior. If neither the local ordinary nor his delegate attends, the regular superior presides (c. 506, § 2). The regular superior also may preside through a delegate (c. 199, § 1). As in the case of a mother general, canon 506, § 2, confines the presidency of the local ordinary or regular superior to the election of the superioress; but this presidency is extended to the elections of the councilors by the law of many constitutions. Canon 506, § 3, forbids the appointment of the ordinary confessor of the community as a teller for the election of the superioress in a monastery of nuns. This prohibition extends to his delegation as president of. such an election, since the office of president implies also the duties of a teller. 16. Our pontifical constitutions read: "The bishop of the diocese pre-sides at the chapter as the Apostolic Delegate, personally or in the person of any priest authorized by him." Is this correct? 230 July, 1958 In the law of the C THE ~ENERAL CHAPTER ~de of Canon Law, the ordinary ~f the placd of election presides, personally or through a deIegate, at the election of the mother general in pontifical and'diocesan congregations and at both in virtue of his office as local ordinary. Before the code, May 19, 1918, the local ordinary presided at the chapters of diocesan congregations in virtue of his office but at the elections in pontifical congregations as the delegate of the Holy See. The law befoie the code was based on the apostolic constitution, "Conditae a Christo," of Leo XIII, De-cember 8, 1900, Chapter I, n. II, Chapter ~II, n. I. There. fore, the wording of your constitutions is of a law that no longer exists. This is a probable indication of constitutions that were never conformed to the Code of Canon Law. Cf. Schaefer, De Religiosis, n. 509; Bastien, Directoire Canonique, n. 251, 1; Bat-tandier, Guide Canonique, n. 363; Wernz-Vidal, III, De Religiosis, n. 119. ¯ SOME BOOKS RECEIVED [Only books sent directly to the Book Review Editor, West Baden College, West Baden Springs, Indiana, are included in our Reviews and Announcements. The following books were sent to St. Marys.] The Pulpit, the Press and the Paulists. By Reverend John F. Ritzius, C.S.P. The Paulist Press, 401 West 59th Street, New York 19 New York. $1.00 (paper cover). Come, Holy Spirit.* By" Winfrid Herbst, S.D.S. Society of St. Paul, 2187 Victory Boulevard~ Staten Island 14, New York. 25c (paper cover). Gli Istituti Secolari nella Nuova Legislazione Canonica. By Dr. Giuseppe M. Benucci'. Catholic Book Agency, Via de[ Vaccaro, 5, Rome. A Catholic Child's Book about the Mass. By Reverend Louis A~ Gales. Catechetical 'Guild Educational Society, 260 Summit Avenue, St. Paul 2, Minnesota. $1.95 (paper cover). My Catholic Faith. By Most Reverend Louis L. R. Morrow. My Mission House, 1324 52nd Street, Kenosha, Wisconsin. $4.00. Perpetual Help Daily Missal. In four volumes. Perpetual Help Center, 294 East 150th Street, New York 51, New York. A Land of Miracles for Three Hundred Years. By Eugene Lefebvre, C.SS.R. St. Anne's Bookshop, Ste. Anne de Beaupre, Quebec, Canada. $2.00. 231 Survey of Roman Document:s R. I~. Smil~h, S.,J. [In the present survey there will be given a summary of the documents which appeared in /Iota /lpostolicae Sedis (AAS) during the months of February and March, 1958. Page references throughout the article will be to the 1958 ,~AS (v. 50).] Pertaining to the Religious Life ON FEBRUARY 11, 1958 (AAS, pp. 153-61), the Holy Father addressed an allocution to the superiors general of the orders and congregations of religious men with generalates in the city of Rome. The allocution consisted prin-cipally of a geries of matters which the Pontiff thought it opportune to bring to the attention of his listeners. Since there is danger that religious may become imbued with existenti-alism to the detriment of eternal truthi the Pope warned ¯ superiors to draw their own inspiration from file fonts of re-vealed truth and from the teaching power of the Church. Even in ascetical matters there, are some who wish to withdraw from the teaching of the Church; accordingly, he advised su-periors to adhere firmly to the balanced and solid ascetical doctrine traditional in the Church. In this and in all other matters superiors must consult and study the question at length; but, once the~ have reached a decision, then they must un-hesitatingly lead their subjects along the path they have chosen. In this connection the Vicar of Christ deplored any attitude that would assume that the yoke of religious obedience is too heavy for men of the present time; rather the superior should constantly keep in mind that as superior he is responsible for the spiritual welfare of his subjects. His Holiness then considered the renunciation of worldly things that is common to all religious groups, however else they may be diversified. This renunciation, he remarked, must be complete in desire, though in actuality it may vary according 232 ROMAN DOCUMENTS to the exigencies of each religious family. The need for this renunciation, the Pope said, is obvious; for how can anyone ascend to God by the wings of charity if. he is not free from the multiform concupiscence of the world? Moreover, no one can enjoy the comfort~ and pleasures of the world without losing something of his spirit of faith and charity. And pro-longed laxness and indulgence can gradually and insensibly lead to defection from one's state in life. The Vicar of Christ then observed to the assembled su-periors that their way of acting and judging must be different from that of the world; for their norm of action is that of the gospel and the Church: Christ crucified. Accordingly, superiors must nourish this Christian attitude in themselves by a diligent consideration of the things of God, by the study of sound doctrine, and by a familiarity with ancient and recent writers who excelled both in faith and in piety. These same norms' of thought and action must also be followed by their subjects;. they must seek not the pleasant and the comfortable but God alone, whom they will find in the assiduous control of" the senses by austerity and of the will by submission to religious obedience. The .Pontiff also spent some little time on the matter of religious rules. These were drawn up, he said, by religious fohnders to secure peace and serenity of spirit for members of their societies. While some of these rules may need modification in non-essential matters, esteem for the rule in general must never be lost. It is the duty of superiors to maintain the rule of each institute; this at times will require firmness which, however, should never degenerate into harshness. In the concluding part of his address His Holiness ex-horted his listeners to build up a spirit of union and cooperation among the various religious institutes of the Church. He urged them to be especially notable in their zealous obedience to the Holy See and advised them to be strict in the matter of admission of candidates to religious life; otherwise, he warned, 233 R. F. SMITH Review for Religious religious groups will be not an honor to the Church, but a disgrace. On July 30, 1957 (AAS, p. 103), the Sacred Congrega-tion of Religious issued a document declaring that the apostolic constitution~ Sedes Sal~ientiae and .its accompanying Statutes are applicable to. all religious congregations and societies who li,~e in common without, public vows and who are dependent on the Sacred Congregation of the Consistory or on the Con-gregation for the Propagation of the Faith. The only exception concerns the executive function considered in Article 18 of the Statutes; in this matter the competency of .the Sacred Cons.istgry and of Propaga~tion is retained for those religious societies entrusted to those congregations by common law or .by apostolic privilege. Educational Matters Under the date of December 8, 1957 (AAS, pp. 99-I03), the Sacred Congregation .of Religious issued an important instruction concerning coeducation. The document considers the matter of coeducation only in secondary schools;' coedtica-tion in colleges and universities is not envisaged ih the document, while coeducation in primary schools is left to the discretion of the. ordinary. The document deals successively with the prin-ciples, by which a correct estimate of coeducation can be made; the obligatory norms which must be observed wherever co-education appears to be necessary; and the measures (the Latin word is aautiones) recommended to rem0.ve the evils that accompany coeducation. In the section dealing with principles the document states that coeducation on the whole cannot be approved. Although it has a number of definite advantages., still the danger it entails to morality, especially during the time of puberty, out- ¯ weigh all those advantages. Nevertheless, in some cases co-education may be a lesser evil. Thus where Catholic students would be exposed to grave danger to their faith by attending public schools and where the Catholics of the region cannot 234 July, 1958 ROMAN DOCUMENTS afford separate schools for boys and girls, coeducation may be tolerated provided the dangers to morality are averted as far as possible. In dealing with the obligatory norms to be followed such situ~itions, the document urges~ the practice of what it calls "coinstitutional" education in place of coeducation. "Co-institution" provides for a sirigle building under a single administration with, however, separate wings or sections, one for boys, the other for girls. Such a school may have a common library as well as common science laboratories provided the latter are used at different tim~s by the boys and girls. Where this "coinstitution" is impossible, then coeducation may be tolerated; but the conduct of such coeducational schools is to be included in the quinquennial reports; moreover, each of the national councils of bishops can set up definite norms to be observed wherever coeducation is practiced in their respec-tive countries. The last section of the document then lists a series of recommendations. The religious men and women chosen to teach in coeducational schools should be persons whose virtue and judgment have already been proven. Each school should have a spiritual director who is to be in charge of the spiritual li~e of the student body. Religious men are no.t to be in charge of coeducational schools except in rare cases and then only after an indult has been secured from the Sacred Con-gregation of Religious. Common physical and gymnastic ac-tivities or competitions must be avoided. Schools should not provide boarding facilities for both sexes. Separate entrances and separate locker facilities should be provided for students of each sex. Gym classes and dramatic productions should not be in common; and boys and girls should receive separate ¯ instruction in the sixth commandment, in parts of biology, and in other similar areas of study. Finally, the document recom-mends that religious men who teach or exercise the ministry 235 Review for Religious in coeducati6nal schools should limit their activities with regard to the girl students to the exercise of their assigned work. On January 3, 1958 (AAS, pp. 82-85), the Holy Father spoke to a group of religious women associated with the work of Catholic Action. He urged them to give their students a fully human and Christian formation. They must prepare their students to judge the world as it actually is, to see how. the world should be, and then to work unceasingly until the world corresponds to the divine plan for it. The Pope praised his listeners for their endeavor to build up a strong core of Catholic Action among their students, a core which will be first in every-thing: in studies, in discipline, in piety. On December 28, 1957 (AAS, pp. 118-19), the Sacred Peniter~tiary released the text of a prayer composed by the Holy Father to be recited by those who teach. Teachers may gain an indulgence of 1,000 days each time they recite the prayer with contrite heart. Family Life On January 2.0, 1958 (AAS, pp. 90-96), the Roman Pontiff addressed the members of the Italian Federation of Associations of Large Families. After pointing out that one of the most dangerous aberrations of modern paganized society is the opinion of those who define fecundity in marriage as a social malady, he continued by remarking that common sense has always recognized large families as the sign and proof of physical health, while history shows that the non-observance of the laws of marriage and of procreation is a primary cause ot~ the decadence of nations. Later in hi~ talk the Holy Father takes up the matter of overpopulation. God, he said, does not deny the means of livelihood to those whom He has called into life. If individual episodes, large or small as the case may be, at times seem to prove the contrary, these are in reality only signs that man has placed some impediment to the execution of the divine plan. 236 Ju~, 1958 ROMAN ~)OCUMENTS Overpopulation, then, to the extent that it exists, is due not to the inertia of Providence but to the disorder of men. Since progress in science and newly discovered sources of energy guarantee the earth prosperity for a long time to come, since no one can foresee what now-hidden resources will one day be discovered in our planet, and since no one can tell whether the rate of procreation will always be equal to that of today, overpopulation is not a valid reason for the use of illicit means of birth control. It would be more rational to apply human energy to the eradication of the causes of famine in underdeveloped countries, to foster less nationalistic economies, and to replace egoism by charity, avarice by justice. Moreover, God does no~ demand of men responsibility for the over-all destiny of humanity--that is His affair; but He does demand of them that they follow the dictates of their consciences. In the final section of the allocution the Holy Father says that in the intention of God every family is to be an oasis of spiritual peace. This is especially true of large families, for in the parents of such families there is no trace of .anguish of conscience or fear of an irreparable return to solitude; in such families, too, thework and hardship involved are repaid even in this life by the affection of the children. A large family assists in the formation of character; indeed, in the history of the Church large families would seem to have a special preroga-tive of producing saints, as is shown in the cases of St. Louis, St. Catherine of Siena, St. Robert Bellarmine, and St. Pius X. The Pontiff concluded his speech by urging his listeners to work unceasingly for the economic welfare and protection of large families, dxhorting them to wake society from its lethargy on this point. On January 19, 1958 (AAS, pp. 85-90), His Holiness "addressed 15,000 Italian women engaged in domestic work. He told them that their work excelled other forms of labor such as agricultural or industrial occupations, for these latter are chiefly concerned with things, while their own work is con- 237 R. F. SMITH l~eview for Religious cerned with persons. Because 0f this the relations between domestic servants and their employers must be. regulated not only by the laws of commutative justice but also by.a mutual interchange of human values. Love must lighten the tasks of the domestic worker; and that love can not be repaid by money alone, but by an exchange of affection. He further p?inted out to his listeners that they must gauge the importance of their work by considering that their activity is directed to the existence and stability of family life. Hence, they should be concerned for the good name of the family they work for,. seek to develop harmony among its members, and help in the correct formation of the children. He concluded his allocution by urging the women listening to him to consider their work as a service rendered to God in the person of their neighbor; he also reminded the employers of domestic servants that these servants, if they devote all their activity to their work, themselves deserve a family wage. On December 30, 1957 (AAS, pp. 119~20), the Sacred Penitentiary published the text of a prayer composed by the Holy~Father to be recited by members of Christian families, who, each time they recite the prayer with contrite heart, may gain an indulgence of 1,000 days. Miscellaneous Several documents which appeared in February and March concern the liturgy and the Church's life of worship. On February 8, 1958 (AAS, p. 114), the Holy Office issued a document condemning the growing practice of delaying baptism because of alleged liturgical reasons bolstered by foundationless opinions concerning the condition of infants dying without baptism. Hence, the Holy Office warns the faithful that infants should be baptized as soon as possible in accordance with canon 770. Five days later on February 14, 1958 (AAS, p. 114), the Holy Office issued another document dealing with another 238 July, 1958 ROMAN DOCUMENTS abuse, this one consisting in adding prayer or scripture passages to liturgical functions or in deleting prescribed pfayers~ from such functions. The document restates the current discipline of the Church that only the Holy See. can make changes in the ceremonies, rites, prayers, and readings of liturgical functions. On February 5, 1958 (AAS, p. 104), the Sacred Congre-gation of Rites empowered lbcal ordinaries to permit the blessing of ashes to be repeated before afternoon Mass on Ash Wednesday, provided the Mass is attended by large numbers of the faithful. Under.the date of January 7, 1958 (AAS, pp. 179-81), the same congregation ai~proved the miracles needed for the canonization: of Blessed Juana Joaquina de Vedruna de Mas (1783-1854), .widow and foundress of the~ Carmelite Sisters of Charity. ~ Four other talks of the Holy Father, the texts of whic~ were published du.ring February~ and March, should be noted. On i%bruary 1~8, 1958 (AAS, pp. 161-69), His Holiness delivered the traditio'nal¯ allocution to. the parish priests and Lenten preachers of Rome. He urged .his listeners to make the greatest efforts during the forthcoming extraordinary mission to' be held throughout the city of Rome on the occasion of the centenary of the apparitions at Lourdes. He told them to stress three matters. The first is' that of the sanctificati6n of Sundays and holy days; the second is respect for one's own life and, hence, a repudiation of suicide, a ~in which not only excludes the normal channels of divine mercy, but is also an indication 'of a lack of~'Christian faith and hope;' the third point to be stressed is respect for the lives of others to be shown by a sense of Christian responsibility with regard to the ingreasing traffic accidents in the city of Rome. He concluded his allocu-tion by exhorting the priests present to tell the people during the coming mission that the world needs priest and religious saints, but above all at the present time it needs a multitude of lay saints. 239 R. F. SMITH On January 14, 1958 (AAS, pp. 150-53), the Pontiff addressed the professors and students of the Angelicum, urging them to imitate in their lives St. Thomas Aquinas. Like that great saint, they should have the greatest docility and respect for the teaching authority of the Church; like him they should strive for a profound knowledge of Scripture; and in imitation of him they should foster an intense interior life where charity, the queen of the virtues, may reign[ On February 22, 1958 (AAS, pp. 170-74), 10,000 rail-road workers of Italy heard an allocution given by the Holy Father. The Pontiff: told his audience that their occupation should constantly remind them of the most important of human travels--human life itself which is a journey to the possession of God. On February 19, 1958 (AAS, pp. 174-76), the Pon-tiff broadcast a message to the school children of the United States to solicit their charity for the needy children of other countries. He devoted his message to St. Joseph, telling the children that St. Joseph who is the protector of the Church is asking them to contribute their part to the needs of other children throughout the world. Two documents of the period under survey concern political matters. On February 1, 1958 {AAS, pp. 68-81), a convention was ratified between the Apostolic See and the Republic of Bolivia. On January 27, 1958 {AAS, pp. 121-22}, the Sacred Penitentiary issued the text of a prayer composed by His Holiness to be recited by Catholic legislators and poli-ticians. Each time they recite the prayer with contrite heart they can gain an indulgence of three years. The last document to be considered was issued on February 15, 1958 (AAS, p. 116), as a declaration of the excommunica-tion of three Hungarian priests who participated' in the Hun-garian Parliament contrary to the decree of the same congre-gation previously issued on July 16, 1957 (See REVIEW FOR RELIGIOUS, January 15, 1958, pp. 48-49). 240 t oo! Reviews [Material for this department should be sent to Book Review Editor, REVIEW FOR RELIGIOUS, West Baden College, West Baden Springs, Indiana.] MAN AND HIS HAPPINESS. Theology Library, Vol. III. Edited by A. M. Henry, O.p. Translated from the French by Charles Miltner, C.S.C. Pp. xxxix and 420. Fides Publishers Associa-tion, Chicago. 1956. $6.50. THE VIRTUES AND STATES OF LIFE. Theology Library, Vol. IV. Edited by A. Mo Henry, O.P. Translated from the French by Robert J. Olsen and Genevieve T. Lennon. Pp. xii and 778. Fides Publishers Association, Chicago. 1956. $8.75. With these two volumes the Theology Library moves into the realm of moral theology. The Preface and Introduction to Volume III are at pains to point out that in the conception of the authors moral theology is not distinguished from dogmatic theology as is done in many manuals. Volume III treats of moral matters in their general principles: the happiness of man, psychological and moral analysis of human action, the passions, habits and virtues, sin, law, and grace. Volume IV descends to a more particular treatment which considers the theological virtues, the cardinal virtues, charismatic gifts, the functions, states, and orders in the Church, the active and the contemplative life, and, finally, Christian perfection. It is safe to wager that the matter contained in these volumes will prove very interesting simply because of the subject matter which certainly "comes home to our hearts and our bosoms." Father 'Tonneau's remarks in the Introduction to Volume III about the mistake of transferring mere social relations to our rela-tions to God and thus trying to determine the pattern of morality and its foundation are timely. God is primarily a creator of natures before being a legislator. The brief sketch of Christian mora|ity -from the New Testament in the introductory chapter is from the pen of Father Spicq who is well qualified for the task. One may well ask, though, whether the distinction, not to use a stronger word, which he draws between the morality of the Old and the New Testaments is not overdone. As in the preceding volumes, each chapter is followed by a section called "Reflexions and Perspectives" and by a bibliography. In these volumes the French bibliography is not translated into English. 241 .Review for Religiou:~ It may come as a surprise to many (it should be a pleasant surprise) to find a treatise on morality opening with a consideration about man's happiness. This was prepared for by Father Tonneau's Introduction wherein morality is seen in the perspective, not primarily; of law and obligation, but of rational pursuit of happiness. The profundity of this starting-point becomes apparent when the author shows, rightly it seems, that man has a natural de~ire for seeirig the essence of God." The chapter on the passions is well done and brings to light some poin. ts about "the irascible" which are either neglected or, worse, misunderstood. In the chapter on grace there is a long introdtictory section on the meaning of grace in Scripture. This is definitely a gain. Unfortunately, the study is'confined~ mainly to the word grace and its meaning. Such a method leaves wide gaps: in St. Paul the meaning of the terms Spirit and spiritual should have been studied to help grasp the reality of the gift and its super-naturality. Actually, the writer was forced to follow such a pro-cedure for St. John who. expresses the reality of grace by the term eternal life. The theological treatment of grace is admittedly a difficult task. Even given the scriptural foundations, the history of thought about grace is almost required if one is to grasp "the" significance of t~rms, problems, and solutions. Here it seems that 'the work has not been well done. The various divisions of the meaning of the word grace include that of operative and cooperative. Augustine provided the basis for this distinction, but the explanation given on page 384 does not 'correspond with that of St. Thomas in I-II,111,2. Further, the statement about the meaning of excitant and assistant grace in the Council of Trent is not correct. Now, while one may legitimately develop his own theory and interpretation of both Thomas and Trent, it ought to be made clear, especially with regard to the council, that this is' an interpretation. Finally, what was the use of this discussion on operative, and cooperative grace? It seems that the distinction functions only once. in the subsequent pages and, actually, provides no clarification in its application. The whble treatment, of justification is unsatisfying. The writer seems to be so anxious to insist on the instantaneous occurrence of justification that he neglects other equally important aspects of the matter. In., Volume IV, on the virtues and the states of life,, we have matter which will prove still more interesting. It is in this volumd that greater originality is attempted, all the while adhering to the 242 July, 1958 BOOK REVIEWS fundamental doctrine of St. Thomas. Of all the chapters in this volume the most original is the first, on faith, by Father Li~g~. It may well prove to be the most helpful: it is concrete, psychological as well as metaphysical, and offers some excellent suggestions about the faith in reference to its different "ages" in the child, the adolescent, the adult. Finally, this chapter is up-to-date. The writer takes full cognizance of the latest work on the relation of sigfis (miracles) to th~ genesis of the act of faith, the question of immanence and connaturality.in the judgment of credibility, and the need of affirming the motive of faith in the act of faith. This latter point is well brought out by insisting on the very meaning of revelation as the self-disclosure of a person ~o persons. The fact of Jesus Christ's being "the fulness of the Word of God" is established and the consequences of this for a right understanding of the development of dogma are indicated. The insistence, in the last chapter, on the call of all Christians to perfection is most acceptable and~ forms a fitting close to the two volumes °which began with the statement that man naturally desires to know and love God in whom his happiness and, therefore, his perfection consists. . If we must add here some complaints that were voiced about the earlier volumes of the Theology Library, we must be forgiven for the simple reason that we are performing the duty of a revie~ker. First, the translation, in general, is better. Yet there are numerous blunders. There is still the tendency to retain in English the narrative present tense of the French; the antecedents of pronouns are not always clear. There is no doubt that some of the responsibility for the difficulty exlSerienced by the English reader lies with the authors of the articles themselves. They have written rapidly, even hastily, so that, at times, one gets the impression that he is reading jottings. Combine this with the difficulty of the subject matter and the technical vocabulary (sometimes Latin phrases and sentences are left in the original Latin), and you have books which will not prove easy reading for the un-initiated.-- JA,x~ES J. DOYLIL S.J. THE WORSHIP OF THE CHURCH. A Companion to Liturgical Studies. By William J. O'Shea, S.S., D.D. Pp. 646.The lqew. n/an Press, Westminster," Maryland. 1957. $7.00. After more than thirteen years of careful preparation, Father O'Shea presents in the present volume a comprehensive, mode[n study, well calculated to supplement knowledge of the liturgy gleaned from 243 ]~OOK REVIEWS Review for Religious primary sources. The author treats his subject very thoroughly from all important aspects and with great attention to detail. The result is a fund of thought-provoking material not only for the dlerical reader (for whom the book was ~riginally intended) but also for all who would draw near to the fullest participation in ~he official prayer of the Church. Having explained the definition of the liturgy given in Mediator Dei, Father O'Shea goes on to discuss its latreutic-sanctifying purpose. Attention is here and elsewhere given to the pivotal question of re-quisite interior disposition without which external liturgical elements quickly degenerate into vacuous formalism. As interior devotion fosters liturgical observance, so too the liturgy occasions (and even causes through its sacraments) an increase in interior graces con-sonant with its purpose: the glory of God and the sanctification of souls. Further chapters turn in detail to the impersonal and objective components of the full liturgy in the light of its historical develop-ment under the guidance of the Holy See. The Holy Sacrifice, the Divine Office, the sacraments, and the major sacramentals are all treated in great detail, as well as their exterior surroundings, in-clusive of vestments, liturgical music, and art forms. A special chapter is devoted to consideration of the liturgical year. The whole book spells out the magnificent plan of the liturgy intoa splendid living, mosaic of corporate worship in which the individual grows in grace as he willingly" takes active part. There are difficulties. But the cumulative effect of the pre-sentation is intellectually satisfying, if the reader is willing to work and does not allow himself to be weighed down by the great mass of detail. Firmly grounded intellectual conviction about the value of the full liturgy is precisely what is needed and is precisely what the author brings to his persistent student. The conclusion reached, however, will be best realized by most of us through actual par-ticipation in the full liturgy, to which the book is but the necessary scientific prelude. Great stress is accorded throughout the work to the corporate character of Christian worship, in which each member of the Mystical Body of Christ is ideally to participate in the fullest measure allowed by his state of life. The result is a desired liturgical context in which the various recognized systems of spirituality participate and from which they draw in due proportion to their secondary purposes assigned by the Church. 244 July, 1958 BOOK ANNOUNCEMENTS The presentation is characteristically positive and enthusiastic in its total import. Its major thesis is one that recommends itself to the prayerful consideration of all who are in a position to influence liturgical practice--if only in their own lives. In practice, for the individual religious or diocesan priest the theme idea may merely mean the more spirited performance of liturgical actions already engaged in. But depth of spirit here and desire for fuller participation under the guidance of obedience are viewed as an excellent index of sound spirituality in full accord with the mind of the Church'. The book is well recommended to the serious student and for conferences to religious, aimed at deeper appreciation of our liturgical heritage.--.¥IATTHE\V ~_~. CREIGHTON, S.J. BOOK ANNOUNCI=MI=NTS THE CATHOLIC UNIVERSITY OF AMERICA PRESS, 620 Michigan Avenue, N.E., Washington 17, D. C. Fast and Abstinence in thd First Order of Saint Francis. A Historical Synopsis and a Commentary. By Jordan J. Sullivan, O.F.M.Cap. This is a dissertation submitted to the faculty of the Catholic University of America. Pp. 133. Paper 2.00. CLONMORE & REYNOLDS,. LTD., 29 Kildare Street, Dublin. Mary. Mary's Seven Words. Mary's Seven Sorrows. By Peter Lippert, S. J. Simple, thought-provoking material suitable for medi-tation and spiritual reading. Pp. 78. Paper 5/6. Saint Clare of Assisi. By a Poor Clare Colettine. Meditations on the life and virtues of St. Clare. P.72. Paper 3/-. Saint Anthbny of Padua. By Olive M. Scanlan. A brief bi-ogral:; hy of a very popular saint. Pp. 62. Paper 4/6. Palm Sunday to Easter Sunday. By Dom Ernest Graf, O.S.B. A commentary and explanation of the new liturgy of Holy Week. Books like this are necessary if the faithful are to learn to appreciate the new liturgy. Pp. 88. Paper 5/-. FIDES PUBLISHERS, 744 East 79th Street, Chicago 19, Illinois. What They Ask About the Church. By Monsignor J. D. Con-way. The questions are real and the answers have appeared for the most part in the Davenport Catholic Messenger and the Catholic 245 BOOK ANNOUNCEMENTS Review for Religious Digest. Here they are ~irranged topically under six heads. If you are looking for honest, clear, and convincing answers to the ques-tions non-Catholics ask about the Church, you will find them in the book. It should prove a valuable aid to all engaged in convert work. Pp. 338. $3.95. FRANCISCAN EDUCATIONAL CONFERENCE, Capuchin Col-lege, Washington 17, D. C. Franciscan Life Today. Report of the thirty-seventh annual meeting of the Franciscan Educational Conference, St. Anthony's Seminary, Santa Barbara, California, August 12-14, 1956. The topics discussed at the conference were all ascetical and as such of interest to all religious. We single out for special mention the following: Renovatio Accommodata; the place of the religious state, of the religious priesthood, of the religious brother in the Church; the value of the common life; genuine concept of obedience; modern dangers to chastity. Pp. 326. Paper $3.75. HAWTHORNE BOOKS, INC., 70 Fifth Avenu'e, New York I1, New York. This Is the Mass as described by Henri Daniel-Rops, as cele-brated by Fulton J. Sheen, as photographed by Yousuf Karsh, with an introduction by Bishop Sheen. We can never understand ~nd appreciate the Mass adequately and so must strive always to grow in understanding and appreciation of this august mystery. No opportunity to learn more about the Mass should be allowed to escape us. If you have read re. any books about the Ma~s, do not dismiss this one as just another book, for its read!ng will profit you greatly; if you have not, this is an excellent book with which to begin your study of the "perfect act of worship of God. Pp. 159. $4.95. B. HERDER BOOK COMPANY, 15 South Broadway, St. Lo.uis 2, Missouri. Summa of the Christian Life. Vol. III. Selected texts from the WritinSs of Venerable Louis of Granada. O.P, Translated and adapted by Jordan. Aumann, O.P: This is the final volume of a classic treatment on the Christian life. It is number eleven in the "Cross and Crown Series of Spirituality." In this volume, which is divided into three books, th~ first, of 206 pages, deals with the Life of Christ;-the second, 0f 102 pages, treats of the sacr.aments; the third, of 46 pages, is on the last things: death, judgment, the p~ains of hell, eternal glory. Pp. 372. $4.75. 246 July, 1958 BOOK ANNOUNCEMENTS P. J. KENEDY. & SONS, 12 Barclay Street, New York 8, New York. My Last Book, by James M. Gillis, C.S.P., is a book of informal meditations. The ai~thor characterizes them in these words: "These meditations are designed primarily as a help to 'personal religion.'" Again "What. we seek is quiet consideration, reflection, concentration upon the truths of religion." You will like these meditations, the last work of a man grown old in the service of God--he was eighty-one when he diedmand determined to work for God even in his fihal illness. Pp. 246. $3.95. LOYOLA UNIVERS~'TY PRESS, 3441 North Ashlarid Avenue, Chic'~go 13, Illinois. Challenge. By fohn W. O'Malley, S.J., Edward J. McMaho.n, S.J., Robert E. Cahill, S.J., and Carl J. Armbruster, s.J. Challenge is a prayerbook intended primarily for the y?ung, for those not too old to be roused to give of their best when they meet a challenge. It is much more than just a collection of prayer formulae, for it essays to guide its readers to an intense and elevated spirithal life. Ev~en mental prayer "comes in for excellent treatment. The ideals it unfolds for the user are highf they offer a definite challenge. This is a prayerbo~k which you will want to reco'mmend to your students, You might even find it profitable for your own use. ~Sp. 243.~2.50. THE NEWMAN PRESS, Westminster, Maryland. Our Lady Queen of the Religious Life. By Louis~Colila, C.SS.R. Translated by Sister Maria Constance and Sister Agnes Th~r~se. ALl .religious instinctively venerate Mary, the Mother of Jesus, as their Mother and Queen. Father Cblin articulates this instinctive devotion in a new title of' Mary as Queen of the Religious Life. He writes this book not to prove a thesis, for One does not prove what all accept unquestioningly, but to show how very appropriate the title is. The book is divided into t[iree parts. In Part One he shows how~our Lady is the ideal df the.religiou~ life; in Part Two he explains how Mary ig the source of that life; and in Part Three he treats of the" Marian devotion of religious. You will"like this book. Pp. 234. $3.75. Melody" in Your Hearis. Edited by Reverend Georg'e L. Kane. This book is ~/" very ~interesting "and eklifyirig human document: Thirteen sisters tell what" "the religious life ha~ been ~fid meant for them, thdir satisfaction in their work, their joys ahd ~orrows, dis- 247 BOOK ANNOUNCEMENTS Review for Religious appointments and achievements. Four years ago these same sisters gave the reascms that prompted them to become religious in the book Why I Entered the Cdnvent. The present volume is another effective instrument to promote vocations to the religious life among young girls. Pp. 173. $3.00. Woodstock Papers No. 1. A Catholic Primer on the Ecumenical 'Movement. By Gustave Weigel, S.J. Pp. 79. Paper 95c. Woodstock Papers No. 2 The Testimony of the Patristic Age Concerning Mary's Death. By Walter J. Burghardt, S.J. Pp. 59. Paper 95c. These two volumes introduce a new series of theological essays projected by the .professors of Woodstock College. Several are to appear each year. They are intended primarily for the grow-ing number of lay men and women interested in theology. This means that they will be written in a popular vein yet with care so as not to sacrifice theological accuracy. The choice of topics will be such as to be of interest and assistance, so the projectors of the .series hope, also to their colleagues in the field. Guidance in Spiritual Direction. By Reverend Charles Hugo Doyle. "Tl~e dual purpbse of this book," the author tells his reader, "is to interest more priests in becoming spiritual directors in the fullest sense of the word, and, at the same time, to provide, in as logical and simple a manner as possible, fundamental rules in spiritual guidance as found in the writings of the great masters of the spiritual life." After you have read the book, you will agree that the author does accomplish his second aim. Only time can tell whether he will also gain his first purpose. Pp. 301. $4.75. Stonyhurst Scripture Manuals: The Gospel According to Saint Matthew. The Gospel According to Saint Luke. The Gospel According to Saint John. The general editor of the series is Philip Caraman, s.J. The commentary and the introduction for each volume are by C. C. Martindale, s.J. The books are intended for school use; and the notes and commentaries, therefore, are such as will be most useful for students studying the Gospels for the first time. The volumes average better than 200 pages and sell for $3.00 each. Martyrs of the United States. Manuscript of Preliminary Studies Prepared by the Commission for the Cause of Canonization of the Martyrs of the United States. Edited by Reverend Monsignor James M. Powers, LL.D. This book deserves wide circulation. From it you will learn to your surprise that there are 118 individuals who 248 July, 1958 BOOK ANNOUNCEMENTS cain claim to have died a martyr's death in the United States. They deserve to be better known. You can advance their cause by learaing to know them, by invoking their aid privately, and by getting others to do so. Pp. 196. $3.20. The Best Poems of John Banister Tabb. Edited with an intro-duction by Dr. Francis E~ Litz. An exceptional treat for the lovers of verse. The poems are arranged in chronological order and so the reader can follow the development of Father Tabb's art~ Pp. 191. $3.00. A Legend of Death and Love. By Joseph Kerns, S.J'. Illustrated by Edward O'Brien. A Poem of 454 lines concerning a heroic trumpeter of Cracow, the Tartar invasion, and our Lady. Pp. 45. 1.75. ST. GREGORY SEMINARY, Mount Washington Station, Cincinnati 30, Ohio. Mosaic of a Bishop. Des.igned by Reverend Maurice E. Reardon, S.T.D. Here is something original in biography. You meet the late archbishop of Cincinnati, John T. McNicholas, O.P., S.T.M., in his own writings. You learn of the details of his life from numerous notes and essays of the designer which serve to introduce many of the sermons, addresses, and lectures. The whole makes a very im-pressi_ ve monument to a distinguished churchman. Pp. 365. $6.00. SHEED & WARD, 840 Broadway, New York 3, New York. The Risen Christ. By Caryll Housela~der. The author needs no introduction, since most ~eaders are familiar with her books an~ the originality and freshness of her thought. She died almost four years ago (October 12, 1954), and so it is something of a mystery to find her author of a new book. No ghost writer is involved, for the style and manner are geauine. The publishers could throw light on this problem, but have not chosen to do so. We recommend this book unreservedly. We found it very stimulating and predict that you will too. Pp. 111. $2.75. The Priestly Life. A Retreat by Ronald Knox. This retreat was given by Father Knox to semiaarians when death was imminent though he did not realize it. In it he shares with his audience the wisdom gathered in a long and active life. Though the meditations were written for priests and seminarians, the faults pointed out and the virtues insisted upon are faults all of us should correct and virtues we should all strive to acquire. Pp. 176. $3.00. 249 QUESTIONS AND ANSWERS Review for Religious Approach to Penance. By Dom Hubert van Zeller, O.S.B. "If you were asked to put on paper what you know about penance, it is. very. likely that you would not need very much paper, particularly if you were told to leave the sacrament of penance out ot: account. If this is true, then you must read Dom ZeIler's book Approach to Penance. In it you will find an unusually complete and adequate treatment of what most ot: us findto be a painful subject. He does not succeed in making penance attractive, but he will convince you olc its necessity and show you how you can practice it.~ Pp. 104. World Crisis and the Catholic. Here is a collection of studies by lay Catholic men and women, all of whom have become nationally or even internationally prominent in their various fields. They view the modern world and its problems and indicate, each in his own field, what must be done to arrive at a solution: Pp. 231. $3.00. SISTERS OF THE VISITATION, 202 Bancroft Parkway, Wilming-ton 6, Delaware. Lights and Counsels, by the late Right Reverend Alfred A. Curtis, D.D., is a collection of brief spiritual thoughts, one for each day of the year. This is a new printing and now contains an index. Pp. 125. Paper 50c. Answers [The following answers are given by Father Joseph F. Gallen, S.J., professor cat~ort ldw at Woodstock College, Woodstock, Maryland.] --20 - John and. Mary, both of the Syrian rite, immigrated to this country and settled in a town that had only a church of the Latin rite. Thus both automatically passed to the Latin rite. Their daughter Rose, now a professed religious of perpetual vows, was baptized in this Latin "church and consequently is a Latin.~ Are my conclusions correct? No. John and l~.ary remained in the Syrian rite, since par-ticipation ,in another rite, no matter how prolonged, does not effect a change of rite (c. 98, ~ 5). Rose should have been baptized in the rite of her Syrian parents (c. 756, § 1),. She belongs to the rite in which she should ordinarily have been baptized, even if a 25O July, 1958 QUESTIONS AND ANSWERS serious reason legitimated the baptism in another rite (c. 98, § 1), and is therefore of the Syrian rite. Her religious professions are valid, since the permission for an Oriental to enter a Latin novitate is required only for the liceity, not the validity, of the noviceship (c. 542, 2°).~ However, even though Rose is a professed of per-petual vows, this permission is still to be obtained. This whole subject and the m~nner of requesting the permission were explained in the REVIEW FOR RELIGIOUS, September, 1949, 241-54. Does there exist any canonical prohibition against institutes of men having authority over or the direction of
La presente tesi non è solo l'esito di una ricerca su un precetto giuridico controverso, ma è anche la narrazione di un processo personale di scoperta, che a partire dallo studio di una specifica norma ha fatto emergere la complessità delle interazioni nell'ambito delle politiche in materia penale, economica, e finanziaria. Partendo da un approccio microsociologico focalizzato sull'analisi di una determinata norma penale, il reato di riciclaggio,1 la ricerca ha dovuto confrontarsi con temi di interesse macrosociologico, al fine di inserire l'analisi della legge all'interno di un contesto più ampio di politiche nazionali, europee e internazionali, di attori e di governance transnazionale. Per mantenere la scientificità dell'elaborato ho omesso di esprimere opinioni personali sui temi, talvolta di carattere fortemente politico, e ho cercato, invece, di presentare aspetti critici e discussioni aperte fornendo una visione completa e imparziale delle contrastanti argomentazioni in modo da lasciare il lettore libero di trarre le proprie conclusioni. Il riciclaggio di denaro sporco è il processo tramite cui a proventi di reati viene data un'apparenza di essere stati guadagnati in modo illecito. È un reato tipico della cosiddetta 'zona grigia', poiché avviene al confine tra la sfera della legalità e quella dell'illegalità. Nel momento in cui profitti realizzati illecitamente si mescolano ai flussi di denaro lecito è molto difficile discernere ciò che ha un'origine legale da ciò che è stato guadagnato illegalmente. Il reato di riciclaggio di denaro sporco è stato introdotto proprio per affrontare questa difficoltà ed impedire che le strutture legittime dell'economia e della finanza globale venissero abusate da trasgressori al fine di ripulire i proventi di reato. Infatti i flussi di denaro sporco utilizzano spesso gli stessi canali usati per le transazioni lecite; la loro riuscita dipende dalla cooperazione di professionisti quali avvocati commerciali, agenti finanziari, commercialisti, la cui reputazione è raramente sospetta. Data questa promiscuità spesso la gravità del fenomeno è sottovalutata dal pubblico che non ha gli strumenti per riconoscerne la pericolosità, anche a causa dell'assenza di vittime dirette. Dall'altra parte le stime sulla quantità di proventi di reato riciclati a livello mondiale (che oscillano tra il 2,5 % e il 5,5 % del PIL globale) richiamano l'attenzione su quella che Dalla Chiesa definisce la mitologia del volume dell'economia criminale,2 e una parte della letteratura descrive il riciclaggio come il lato oscuro della globalizzazione,3 e come uno dei maggiori problemi dell'era moderna.4 Con questa ricerca ho voluto mettere in discussione l'efficacia del reato di riciclaggio nel far fronte al fenomeno dell'infiltrazione dei flussi di denaro sporco nell'economia lecita. Sebbene la pratica di nascondere i proventi di reato in modo da evitare la persecuzione giudiziaria risalga probabilmente a molto tempo addietro, il concetto giuridico di riciclaggio è relativamente recente ed è stato introdotto nei codici penali nella maggior parte del mondo a partire dalla fine degli anni 80.5 Nel frattempo un gran numero di autori si è scagliato contro la scarsa efficacia delle legislazione anti-riciclaggio6, nonostante le innumerevoli novità introdotte e i cospicui ammendamenti che hanno in larga parte espanso il campo di applicazione della normativa. La decisione di scegliere il contesto tedesco come caso di studio deriva dal fatto che il paese è considerato avere un rischio particolarmente alto di riciclaggio di denaro sporco. Secondo il rapporto emesso dal 2010 dal GAFI (Groupe d'Action Financière), dal FMI (Fondo Monetario Internazionale) e dall'OCSE (Organizzazione per la Cooperazione e lo Sviluppo economico)7 ci sono alcuni fattori che rendono la Germania propensa ad essere usata al fine di riciclaggio di denaro sporco: il volume del sistema economico-finanziario, la locazione strategica al centro dell'Unione Europea con forti legami internazionali, l'uso diffuso di denaro contante,8 l'apertura delle frontiere, la vastità del settore informale, l'importante ruolo a livello di economia globale, e il coinvolgimento nei flussi di denaro transfrontalieri. Anche i media, a partire soprattutto dalla pubblicazione del citato rapporto, hanno attirato l'attenzione del pubblico sul fenomeno, descrivendo la Germania come "paradiso" o "Eldorado" per i riciclatori. Alcuni recenti scandali hanno visto coinvolte prominenti banche tedesche, come la Deutsche Bank, la Commerybank e l'Hyopovereinsbank, contro cui procure straniere hanno sollevato l'accusa di riciclaggio di denaro sporco.9 La legislazione in atto, ed in particolare l'articolo 261 del codice penale tedesco, non sembra essere sufficientemente efficace per contrastare il fenomeno, nonostante gli abbondanti emendamenti e il continuo processo di aggiornamento e di espansione del campo di applicazione della norma. Al fine di spiegare questa per lo meno apparente incapacità della norma di fare fronte al fenomeno del riciclaggio, ho costruito l'ipotesi di ricerca sulla base delle teorie sociologico-giuridiche relative all'efficacia del diritto, alle funzioni manifeste e latenti delle norme e quindi alle intenzioni espresse e non dal legislatore, all'efficacia simbolica del diritto e di singole legislazioni e all'impatto, inteso come comprensivo degli effetti indesiderati o collaterali. L'ipotesi di ricerca è che la norma esplichi una funzione simbolica di allineamento dell'ordinamento nazionale a quello europeo e transnazionale, di compromesso tra gli interessi politici in gioco, e di creazione di consenso pubblico verso il legislatore per essersi occupato della questione. Si ipotizza che il legislatore abbia quindi consapevolmente accettato o addirittura scelto di formulare una norma strumentalmente poco efficace, ma simbolicamente capace di raggiungere i suoi obiettivi latenti. Si solleva inoltre l'ipotesi che la norma sia stata appositamente approvata con lo scopo di non modificare lo status quo delle relazioni e strutture economiche, e di permettere quindi l'ingresso di capitali sporchi nel paese, sulla base del motto pecunia non olet. La suddetta ipotesi viene parzialmente smentita dai risultati della ricerca empirica. La ricostruzione del processo di produzione legislativa mette in risalto l'esistenza di svariati e contrastanti interessi e della forte pressione esercitata dagli organismi internazionali per l'introduzione e lo sviluppo del reato di riciclaggio, e conferma, quindi, l'argomentazione che la norma sia stata approvata in un contesto di pressione politica esterna e di necessità di trovare un compromesso tra diverse parti politiche. Anche l'analisi degli aspetti problematici dell'articolo 261 del codice penale tedesco messi in risalto dalla dottrina supporta l'ipotesi della simbolicità della norma. Il fatto che il legislatore abbia formulato un reato così complesso crea evidenti problemi di integrazione dello stesso all'interno del sistema penale tedesco, e quindi di accettazione da parte degli studiosi e potenzialmente da parte degli operatori del diritto. Inoltre, la scelta di costruire un reato così complesso riflette la necessità di venire a compromesso con opposti interessi, ma potrebbe essere anche essere interpretata come un disinteresse al raggiungimento di un'efficacia materiale. La ricerca empirica sull'implementazione dell'articolo 261, invece, smentisce l'idea che la norma abbia un'efficacia puramente simbolica. Infatti il numero di condanne, di investigazioni, ed in generale l'uso ricorrente della legge riscontrato nelle statistiche criminali provano che essa conduca ad effetti strumentali, oltre che simbolici. Inoltre, nella prospettiva di alcuni degli operatori del diritto e degli esperti intervistati, l'articolo 261 è percepito come una norma particolarmente efficiente, sia in relazione alle quote di chiarimento, che come strumento di demarcazione tra comportamenti leciti e illeciti, in un contesto di deregolamentazione del settore finanziario. Da un'analisi piè ravvicinata delle statistiche e di altri rapporti emessi da enti internazionali e nazionali emerge però un quadro non così univoco: La norma sembra colpire più le vittime dei network criminali che operano a livello transnazionale che gli autori, perché spesso i colpevoli sono coinvolti in transazioni sospette in cambio di guadagni monetari. Le cospicue indagini finanziarie non riescono a raggiungere coloro che operano dietro gli esecutori dei reati minori, ed infatti la maggior parte di esse si concludono senza una condanna per riciclaggio. Questo a fronte di un volume di denaro sporco circolante nel paese che rimane allarmante, secondo alcuni degli studi analizzati. Se da una parte i risultati dell'applicazione della norma, sebbene strumentali, non possono considerarsi soddisfacenti, perché non sono riusciti ad evitare l'ingresso di capitali illeciti nell'economia nazionale, dall'altra parte sembra che l'esistenza di interessi profondamente contrastanti in gioco renda quasi impossibile la formulazione di un reato piè efficace. La tesi è composta da cinque capitoli, un'introduzione e una conclusione. Nel primo capitolo espongo le teorie sociologiche adottate per la valutazione di efficacia della norma e il metodo della ricerca. Inizialmente richiamo concetti di efficacia forniti da discipline affini alla sociologia del diritto - tra cui per esempio il concetto di efficienza e di efficienza indipendente rispetto allo scopo (zielunhabhängige Effizienz) riferito agli apparati amministrativi - che torneranno utili per l'interpretazione dei risultati delle interviste. Successivamente procedo con una panoramica sulle definizioni di efficacia del diritto fornite in sociologia del diritto, sulla ci base adotto una nozione "elastica" -riprendendola da Ferrari- di efficacia di una norma che guarda alle funzioni della norma e alle intenzioni del legislatore, in una prospettiva "intenzionalistica": "la corrispondenza fra un disegno politico di utilizzo di uno strumento normativo e i suoi effetti". Tale nozione, oltre a prestarsi ad un'analisi critica del diritto, fornisce indicazioni utili per l'analisi empirica dell'efficacia della legge in questione. In particolare ritengo utile considerare le seguenti variabili: le intenzioni latenti e manifeste del legislatore, gli scopi diretti e ed indiretti, l'eventuale efficacia simbolica del diritto, l'implementazione, la ricezione della norma nel senso di accettazione nel sistema giuridico e di interpretazione e percezione da parte degli operatori giuridici. Nella seconda parte si evidenzia il rilievo di tali variabili con riferimento specifico al diritto penale. In conclusione, sulla base delle riflessioni teoriche, formulo l'ipotesi sull'efficacia simbolica del reato di riciclaggio nell'ordinamento tedesco, che verrà poi verificata nei capitoli successivi. Nello specifico, presumendo che il reato di riciclaggio, introdotto come strumento fondamentale della lotta alla criminalità organizzata, così com'è formulato non adempie agli scopi dichiarati, nonostante gli innumerevoli emendamenti finalizzati proprio ad aumentarne l'efficacia, ipotizzo un'efficacia simbolica della norma, introdotta per offrire un'immagine di efficienza al pubblico (elettori). Inoltre sollevo l'ipotesi che la norma sia stata emanata appositamente inefficace per neutralizzarne le aspirazioni di punizione delle condotte illecite tipiche dei colletti bianchi, in una lettura moderna del conflitto sociale che avviene tramite l'emanazione di norme, con la volontà di decriminalizzare secondariamente comportamenti tipici delle classi forti. Nel secondo capitolo analizzo il processo legislativo a livello internazionale, europeo e nazionale. Il processo che ha portato alla creazione del reato di riciclaggio a livello internazionale viene ricostruito tramite dichiarazioni di intenti degli attori partecipanti, opinioni pubblicate, trascrizioni dei dibattiti parlamentari. Una particolare attenzione è posta sulle diverse intenzioni degli attori che hanno partecipato alla formulazione del reato. Il processo legislativo che ha portato alla formulazione dell'attuale legislazione anti-riciclaggio è un processo complesso, in cui diversi attori partecipanti hanno contribuito con differenti aspettative e dunque attribuendo diverse funzioni alla criminalizzazione del riciclaggio. Al fine di permettere svariate interpretazioni del dettato normativo in modo da soddisfare i differenti bisogni, e con lo scopo di trovare un compromesso tra gli interessi divergenti, il reato di riciclaggio è stato formulato in modo vago. Mentre alcuni Stati (ad esempio la Francia) inizialmente sostenevano l'introduzione del reato con lo scopo di combattere i paradisi fiscali e rafforzare la lotta all'evasione fiscale, altri Stati, come la Svizzera, hanno accettato di firmare l'accordo internazionale sulla criminalizzazione del riciclaggio solo a condizione che l'evasione fiscale non fosse inserito nella lista dei reati antecedenti. Con la nascita del GAFI la policy viene usata allo scopo di difendere l'integrità del sistema finanziario dall'infiltrazione di capitale illecito e dal 2001 si aggiunge la funzione di lotta al finanziamento del terrorismo. Tramite la soft law emanata dal GAFI per la prevenzione del riciclaggio, si trasferiscono compiti solitamente pubblici al settore privato: banche e istituti finanziari devono segnalare alla polizia ogni transazione sospetta, devono raccogliere e mantenere informazioni sui clienti e verificare le identità dei clienti. L'Unione Europea finora ha emanato quattro direttive nell'ambito del riciclaggio, l'ultima risale al 20 maggio 2015. Inizialmente la CE non aveva competenza in ambito penale, perciò la materia riciclaggio fu assorbita nella sfera economica (DG Economia e industria). La funzione dichiarata dal legislatore è la protezione del mercato interno, con particolare riguardo al fatto che i criminali possano sfruttare la libera circolazione dei capitali e l'eliminazione delle frontiere. Le direttive esprimono anche la volontà di impedire agli stati membri di emanare regolamentazioni che possano bloccare il libero mercato al fine di difendere le proprie economie dall'infiltrazione di capitale illecito. Emerge dunque un ulteriore conflitto di interessi. Nella seconda parte ricostruisco il processo legislativo e le evoluzioni interne alla Germania fino al momento della scrittura e fornisco il quadro del sistema repressivo e di prevenzione anti-riciclaggio. L'articolo 261 StGB è stato introdotto con legge Gesetz zur Bekämpfung des illegalen Rauschgifthandels und anderer Erscheinungsformen der Organisierten Kriminalität, quindi nell'ambito della lotta alla criminalità organizzata. Il dibattito parlamentare rileva che la norma è il frutto di un compromesso sotto diversi aspetti, non ultimo il fatto che è stata emanata del 1992, a pochi anni dalla riunificazione, e che quindi è parte del processo di negoziazione per la formazione di un diritto penale adattabile alle due culture giuridiche. Il legislatore tedesco evidenzia alcune funzioni della norma: la lotta al consumo di eroina e al traffico di stupefacenti, la diffusione e la pericolosità della mafia alla luce dei fatti recenti italiani, la volontà di proteggere l'amministrazione della giustizia e di isolare i criminali puntando alla criminalizzazione dei cosiddetti gate-keepers. Nel terzo capitolo individuo alcuni dei problemi sollevati dalla dottrina tedesca sul piano teorico con riferimento alla criminalizzazione del reato di riciclaggio nel contesto del sistema penale tedesco. Uno dei temi più discussi è relativo al bene giuridico protetto. La dottrina non ha ancora trovato un accordo su quale interesse sia protetto dall'articolo 261 StGB, le ipotesi sono: gli interessi dei reati antecedenti, l'amministrazione della giustizia, il sistema finanziario e la sicurezza. La vaghezza del dettato normativo non aiuta a trovare un interpretazione dottrinale univoca. La questione del bene giuridico protetto, lungi dall'essere una mera questione teorica, risente delle diverse funzioni attribuite alla norma dagli attori partecipanti al processo legislativo. Finora la giurisprudenza, che pur è intervenuta a chiarire altre questioni relative alla norma, non è intervenuta sul tema. Un altro tema su cui il dibattito è ancora aperto è il fatto di aver previsto al comma 5 l'ipotesi di colpa lieve, in controtendenza rispetto al legislatore europeo. Questo, secondo alcuni studiosi porta all'assurdo per cui anche il panettiere Tizio che vende del pane ad un evasore fiscale Caio potendo aver riconosciuto che Caio fosse un evasore, si rende colpevole di riciclaggio. La questione del livello di mens rea richiesto per una condanna per riciclaggio era sorta anche durante il dibattito parlamentare e l'introduzione del comma 5 è stato sostenuto da un emendamento della SPD che avrebbe voluto criminalizzare anche l'ipotesi di colpa lievissima. Questo, secondo la CDU avrebbe messo un freno al mercato e alle transazioni, poiché avrebbe costituito una minaccia per chiunque avesse intrapreso operazioni economiche. Essendo la funzione della norma incerta, la dottrina si divide tra chi sostiene che questa vasta criminalizzazione faccia perdere il senso del reato che sarebbe invece colpire i criminali che agiscono con intento, e chi invece sostiene che la norma abbia lo scopo di impedire qualsiasi infiltrazione di denaro illecito e quindi richieda una responsabilizzazione di tutti colori i quali prendano parte in operazioni finanziarie o economiche. Ancora una volta l'indeterminatezza del precetto legislativo è di ostacolo ad un'interpretazione univoca. Il quarto capitolo offre un'analisi qualitativa delle statistiche officiali sull'implementazione della legge dal 1992 ad oggi da parte delle istanze repressive e di prevenzione. Tra i dati analizzati i più rilevanti sono per esempio il numero di segnalazioni di transazioni sospette ricevuto dalle procure, il numero delle investigazioni condotte, il numero di condanne effettivamente inflitte ed eseguite e per quale delle ipotesi di riciclaggio, il volume di denaro confiscato. Essendo tali numeri indici del funzionamento del sistema penale e non del fenomeno del riciclaggio per sé, in conclusione si confrontano tali statistiche con le stime sul volume di flussi illeciti in Germania. Tale analisi, non potendo dare conto del numero dei reati evitati, sulla base dell'efficacia deterrente della norma, non intende esaurire il giudizio di efficacia della legislazione. Tra i risultati più rilevanti vi sono il fatto che il 60% delle persone condannate vengono condannate per l'ipotesi di colpa lieve, che solitamente consiste in casi in cui una persona poco abbiente ha accettato di far usare il proprio conto a terzi per operazioni sospette in cambio di un guadagno. Nel 5% dei casi le condanne sono inflitte per le ipotesi aggravate di commissione da membro di un'associazione criminale o in forma commerciale. Nel 90% dei casi le transazioni sospette segnalate alle procure portano a una chiusura dei procedimenti per mancanza di indizi che possano sostenere un rinvio a giudizio. La norma sembra colpire delinquenti minori e non grandi gruppi criminali, né altri delinquenti più potenti. Si ipotizza inoltre che l'incapacità di sostenere un rinvio a giudizio nonostante le informazioni acquisite e le indagini preliminari riduce la capacità deterrente della norma e permette, invece, ai criminali di conoscere le modalità di funzionamento del sistema repressivo e agire di conseguenza. Inoltre, le transazioni sospette sono segnalate nel circa 90% dei casi sa parte di istituti di credito, mentre gli altri enti obbligati dalla legislazione non sembrano partecipare attivamente al processo preventivo, in particolare il settore forense e immobiliare e del gioco d'azzardo. Sulla base di questi dati si ipotizza un effetto spill-over, ossia un trasferimento di illegalità dai settori più controllati a quelli meno controllati. I rapporti pubblicati dalla polizia, invece, considerano l'articolo 261 StGB come una norma con una delle più alte quote di chiarimento (ca 90%), quota calcolata sul numero di casi chiariti dal sistema penale, a prescindere dalle modalità di chiarimento. Per quanto riguardo il volume di denaro riciclato, il capitolo richiama alcune delle stime pubblicate da diversi enti, tra cui il Fondo Monetario Internazionale, il GAFI e la polizia criminale federale. Essendo il fenomeno del riciclaggio un campo in cui la cifra oscura è stimata essere molto alta, tali dati non possono essere presi come misura obiettiva del fenomeno. Infine il capitolo si conclude richiamando alcune analisi del tipo costi-benefici per misurare l'efficacia delle politiche anti-riciclaggio o alcune delle sue norme, condotte da enti terzi. Tali analisi sembrano concordare nel considerare i costi di implementazione della politica più alti rispetto ai benefici conseguenti. Nel quinto capitolo, infine, vengono discussi i risultati della ricerca empirica con gli operatori giuridici e con alcuni osservatori privilegiati, in modo da fornire una prospettiva interna sul funzionamento della norma. Tramite le interviste condotte si mettono in luce aspetti della prassi giuridica non fotografati dalle statistiche, allo scopo di offrire un'immagine dell'impatto della legge quanto più vicina possibile alla realtà. La ricerca empirica si avvale di interviste con operatori del diritto e con osservatori privilegiati che siedono in posizioni ministeriali rilevanti nella lotta al riciclaggio. La metodologia adottata è di tipo qualitativo, è stato fatto uso di interviste semi-strutturate a operatori del diritto e a osservatori privilegiati. Il capitolo presenta le percezioni degli intervistati su quattro temi principalmente: la dimensione del fenomeno del riciclaggio, l'adeguatezza tecnica della legislazione, i conflitti di interesse intrinseci alla legge e sorti dall'applicazione della norma e l'efficacia delle legge. A fronte di un rapporto emesso da quattro ONG nel novembre 2013, sulla base di statistiche prodotte dall'UNODC e dal Fondo Monetario Internazionale, e immediatamente riprese dai media, che descrive il paese come "Eldorado" per i riciclatori,10 le interviste sono dirette a cogliere l'opinione dei rispondenti sulle dimensioni del fenomeno del riciclaggio in Germania. Un intervistato ritiene inaccettabile desumere dal PIL tedesco il volume di affari del crimine organizzato nel paese, e obietta che non si possa, sulla base del giro d'affari del centro finanziario di Francoforte, definire lo stesso come centro di riciclaggio di denaro sporco. Un altro intervistato, dichiara, al contrario, che sicuramente il fatto che la Germania abbia un'economia stabile ed un settore bancario affidabile attiri coloro che vogliano investire proventi illeciti, neppure quest'ultimo possiede, però, dati affidabili sulla quantità di denaro riciclato. Il riciclaggio, come altri fenomeni legati alla criminalità organizzata, è una fattispecie che per definizione sfugge alle autorità e ai confini nazionali. Lo scopo dello stesso è nascondere proventi di reato e sottrarli in questo modo al sistema repressivo, questo è sicuramente un elemento che rende complessa, se non impossibile, la sua quantificazione. D'altra parte, osservano i soggetti intervistati autori del Rapporto del 2013, l'incapacità di fornire statistiche rilevanti dopo più di 20 anni di lotta al riciclaggio, sembra essere un sintomo di una carente volontà politica nel contrastare efficacemente il fenomeno. Secondo gli osservatori privilegiati se la Germania fosse davvero un paradiso per i riciclatori, ciò non sarebbe collegabile ad un deficit legislativo, dato l'impegno del governo nella lotta al riciclaggio, negando, quindi, l'accusa rivolta dai media per cui i criminali sceglierebbero il paese tedesco ai fini di riciclaggio di denaro sporco sulla base delle lacune normative. Agli intervistati è stato chiesto di evidenziare aspetti positivi e problematici della legislazione. Tra i più rilevanti vi sono: la necessità di bilanciare il bisogno di punire la condotta di riciclaggio e rispettare i principi fondamentali del sistema giuridico, il disinteresse da parte degli istituti finanziari nell'indagare l'origine del capitale investito dai clienti, anche in caso di sospetto di provenienza criminale, a causa della possibile conseguente perdita di reputazione nell'ipotesi di apertura di investigazioni da parte delle autorità sul cliente sospetto. Vi è poi una difficoltà materiale nel condurre indagini finanziarie, che spesso, conducono a condotte illecite commesse all'estero; sul punto si osserva che le condotte di riciclaggio, intese come operazioni atte ad ostacolare la provenienza delittuosa, non avvengono su territorio tedesco, bensì all'estero, il denaro che entra in Germania, è, quindi, già "pulito". Inoltre, l'articolo 261 è stato introdotto nel sistema tedesco come trasposizione di una direttiva Europea e non rifletteva una necessità interna dello Stato; la formulazione così vaga, infatti, si presta più per il sistema giuridico degli Stati Uniti, in cui non vige l'obbligo dell'azione penale, mentre in Germania, dove i pubblici ministeri hanno l'obbligo di azione penale, tale norma porta ad iniziare numerose indagini senza avere la capacità di proseguirle. In generale, gli intervistati rappresentanti dei Ministeri rilevano la forte pressione subita da parte del GAFI e dell'Unione Europea per l'emanazione della legge anti-riciclaggio e concordano nel dire che se la norma fosse stata creata sulla base di una necessità e di un dibattito nazionale sarebbe stata scritta diversamente. C'è chi individua nel sistema penale le cause di inefficacia dell'articolo 261, nello specifico, la limitata possibilità di effettuare intercettazioni telefoniche, le restrizioni in materia di inversione dell'onere probatorio, e lo scarso utilizzo della confisca dei proventi di reato a causa del disinteresse da parte delle procure (gestite a livello di Bundesländer) nell'investire risorse in tal senso dato che i beni confiscati non resterebbero in mano al Bundesland ma verrebbero raccolti in un fondo federale e poi spartiti. Si osserva una generale mancanza di risorse pubbliche che porta ad una carenza di personale coinvolto nelle investigazioni e, quindi, ad una incapacità di far fronte ai processi in corso in modo efficace. Per questo motivo, i pm non hanno la capacità di indagare più a fondo casi di riciclaggio all'apparenza semplici, ma che potrebbero portare alla luce organizzazioni criminali operanti nell'ombra. Alla totalità degli intervistati è stata chiesta un'opinione sull'efficacia della legge. L'articolo 261 del codice penale tedesco è stato definito da un soggetto "una legge scritta in modo indecente, che produce risultati banali sul piano delle statistiche criminali, soprattutto con riferimento alle condanne per riciclaggio in grossi casi di criminalità economica". Il reato è così difficile da provare in giudizio, che risulta facile, per la difesa, sfruttare le lacune legislative per evitare una condanna per riciclaggio. I rappresentanti dei Ministeri confermano che la lettera dell'articolo 261 crea confusioni e che quindi l'accusa, pur trovandosi di fronte ad un caso di riciclaggio spesso preferisca perseguire i delitti presupposto. Questo non è, però, un sintomo di inefficacia, dato che l'effettività a cui mira il Ministero dell'interno non è data dal numero di condanne per riciclaggio, ma dal numero di casi risolti, e quindi dal numero di condanne in generale, a prescindere dall'imputazione. D'opinione opposta un altro intervistato che ritiene che l'articolo 261 non abbia alcuna capacità deterrente nei confronti della criminalità organizzata, "la norma ricorre così raramente nella prassi giudiziaria che di fatto non rappresenta una "minaccia" per i potenziali criminali". I soggetti intervistati esprimono più soddisfazione a riguardo della legislazione di prevenzione (GWG); in particolare, con riferimento alle piccole e medie imprese, per le quali è difficile riconoscere tra i partner commerciali coloro i quali investono denaro di provenienza illecita, la possibilità di affidarsi alle autorità investigative, in caso di sospetto è fondamentale. Un avvocato specializzato in compliance per società, descrive la norma preventiva come molto efficace e severa, tanto che è impossibile per le aziende, specialmente per quelle di medie o piccole dimensioni, adempiere a tutti gli obblighi prescritti dalla norma, ma, egli osserva, l'efficacia del sistema sta proprio nel fatto che le autorità di controllo, consapevoli dell'elevata rigorosità della legge, chiudono un occhio di fronte a lievi inadempienze. Una legge meno severa e un controllo più fiscale non otterrebbero la stessa efficacia, perché la norma non avrebbe lo stesso potenziale deterrente. L'efficacia all'interno delle amministrazioni responsabili per la lotta al riciclaggio è interpretata come efficienza dell'apparato, per questo motivo, non ci sono verifiche sull'efficacia degli strumenti giuridici sulla base degli scopi dichiarati, quanto piuttosto sulla correttezza del funzionamento dell'amministrazione e sulle possibilità di migliorarlo; il punto è capire come migliorare, non se il sistema sia efficace o no. Agli intervistati è stata chiesta un'opinione sull'eventuale efficacia simbolica della legislazione. La maggioranza delle risposte è stata negativa, gli sforzi compiuti da parte dello Stato -e quindi delle procure, della autorità competenti e della polizia- nel contrastare il riciclaggio e la criminalità economica non possono essere considerati simbolici. Alcuni intervistati ritengono assolutamente necessaria e strumentale – e quindi non simbolica- l'esistenza del reato nel codice penale come demarcazione di illegalità di tali condotte e come strumento atto a contrastare la criminalità economica perché mette in chiaro entro quali limiti le società possano perseguire profitti in modo legittimo. Di opinione diversa, invece, gli avvocati penalisti i quali si sono detti favorevoli a tale definizione sulla base dello scarso numero di condanne e soprattutto sulla mancata previsione da parte del Governo di mezzi adeguati per l'implementazione della legislazione. Lo stesso è osservato dal terzo settore, il quale sostiene che, a fronte di una legge complessa, oggetto di svariati emendamenti nel corso degli anni, non c'è stato un sufficiente impegno sul versante dell'implementazione; il coinvolgimento del GAFI e dell'OECD nella lotta al riciclaggio è percepito come un modo per creare posti di lavoro e nuove figure professionali, più che un'arena dove discutere efficaci strumenti di lotta ai reati economici. Altri elementi interessanti riscontrabili nelle interviste sono i conflitti di interessi che emergono dall'applicazione delle leggi anti-riciclaggio. Tra essi, vi è il dibattito tra il Ministero dell'Interno e quello di Giustizia in riferimento all'adeguatezza dello strumento penalistico nel contrastare la criminalità economica, dibattito già affrontato dalla dottrina, a cui, però finora, non è stata data una risposta univoca. Da una parte il Ministero dell'Interno auspica un intervento giuridico più deciso, che, per esempio, ricomprenda il reato di riciclaggio nella responsabilità penale degli enti (non ancora esistente in Germania) e sollecita una svolta politica generale in tema di criminalità economica dalla deregolazione del mercato finanziario all'intervento dello Stato in ambito economico ai fini di chiarire i comportamenti leciti e quelli illeciti. Dall'altra parte, il Ministero della Giustizia considera erroneo il ricorso al diritto penale ai fini di risolvere problemi di tipo economico o finanziario e cerca di frenare la tendenza moderna alla proliferazione penale, a favore di un intervento di tipo preventivo-sociale. A tal proposito, si osserva che agli incontri del GAFI a cui partecipano i rappresentanti dei Ministeri di Giustizia, coloro che provino a richiamare l'attenzione sulla necessità di rispettare i principi fondamentali costituzionali e di limitare l'intervento penale a tutela dei cittadini, vengano tacciati di non voler combattere la criminalità organizzata in modo efficace. In conclusione riapro la prospettiva a livello globale ed inserisco il reato di riciclaggio in una riflessione più ampia sulla governace finanziaria. In una prospettiva storica di analisi delle politiche economiche recenti si osserva come vi sia stata una tendenza a deregolare il mercato per mano delle istanze tradizionali pubbliche, e al contempo un aumento di strumenti transnazionali di cosiddetta soft-law che si sono fatti portatori di interessi particolari. Finché questa conflittualità non verrà risolta sarà impossibile impedire il riciclaggio di denaro sporco. Con particolare riferimento al contesto europeo, si prende atto che è stato molto più facile chiudere le frontiere per le persone fisiche e non a quelle giuridiche o ai capitali. ; This paper aims to question the sociolegal1 effectiveness of the money laundering offence.2 The literature that assesses the effectiveness of the anti-money laundering system is abundant. While most of it does not question the regime's goals this paper takes a step back and critically looks at the law-making process. In addition, while most studies have assessed the effectiveness of anti-money laundering law by looking at statistical outcomes, this paper takes a step forward and tries to explain those statistics by looking at legal praxis and at indirect effects. The significance of the research derives from the insertion of the analysis on money laundering offence in a broader political, economic and historical context. The methodology adopted is qualitative, with the intended purpose of underlining the complexity of the issue tackled, rather than reducing it through a quantitative approach. While most of the existing literature has quantitatively assessed the effectiveness of the anti-money laundering regimes on the basis of statistical data and other quantitative indexes and has tried to reduce the complexity of the issue by measuring it numerically, this research adopts a qualitative methodology, which instead highlights the entanglement and the different perspectives on the question. Money laundering is the process of giving profits originated illegally an appearance of having been made lawfully.3 Due to the tightening of economic criminal policies that limit the possibility of integrating ill-gotten gains in the legitimate economy, offenders have developed more and more complex methods and subterfuges to launder proceeds of crime, so the rise of a proper 'money laundering industry' (industria del riciclaggio) is mentioned.4 The total volume of money laundered is estimated to amount to between 2,5 and 5, 5 % of the world GDP.5 Due to the borderline nature of money laundering, which happens between the so-called 'legitimate economy' and the 'dirty economy', and thus involves different actors such as banks, the financial sector, certain professions and businesses, offenders, victims and law enforcement agencies, the legal response needs to compromise with all the various economic, political, social and financial interests at play. Furthermore, where legitimate business intermingles with illegal business and legitimate funds with illicit funds, it is very difficult to distinguish what is legal from what is not. The criminalisation of money laundering was specifically supposed to tackle this fine line. The goal of this research is to assess whether the choice of criminalising money laundering has been effective to tackle this fine line. In order to assess the impact of the domestic implementation of the existing legal framework, the research uses a case study that specifically questions the effectiveness of the money laundering offence in the German national criminal legal system. The interest in the German case derives from the fact that, according to the IMF, the OECD and the FATF, Germany might have 'a higher risk profile for large scale money laundering than many other countries'.6 There are some factors identified as enablers of money laundering activities, such as the large economy and financial centre, the strategical location in the middle of Europe, with strong international links, the substantial proceeds of the crime environment involving organised crime operating in most profit generating criminal spheres, the open borders, the large informal sector and a high use of cash, the large and sophisticated economy and financial sector, the important role in world trade, and finally the involvement in large volumes of cross-border trade and financial flows. The media have kept on reporting the fact that Germany is an ideal country, or even a paradise for money launderers.7 According to most recent media reports, corruption is increasing in Germany along with money laundering and organised crime,8 and illicit financial flows are estimated to amount to 50 Billion Euros annually.9 Renowned banks such as Commerzbank, Deutsche Bank, and Hypovereinsbank have been the focus of recent scandals due to their involvement in large tax evasion and money laundering schemes, investigated mostly by US law enforcement agencies.10 The legal framework has been considered as not being sufficient to tackle the estimated volume of money laundering. In 2007 and 2010 the European Commission initiated two proceedings against the German government for having contravened the European treaty by not having effectively transposed into national law the European framework to tackle money laundering and terrorist financing.11 In response to this wave of criticism, some important changes have been made.12 With specific regards to penal law, the legislature has amplified the scope of the money laundering offence and the sphere of criminal liability in order to improve the effectiveness of the existing legislation.13 Yet the continual expansion process has raised legal challenges that could constitute an obstacle for the effective enforcement of the measure. With regards to international legislation, scholars have often criticized the ineffectiveness of the anti-money laundering regime to not be able to achieve its goals and thus to be only appearance of public action. 14 While there is theoretical support for the perception that policies have contributed to a decrease in the incidence of money laundering, there is no evidence that this goal has actually been achieved.15 The official discourse describes the regime as a crucial tool to prevent and combat money laundering, and lawmakers have been focusing on expanding the reach of anti-money laundering laws. This work however takes a critical approach towards the existing legal framework and presents the view that questioning the effectiveness of the money laundering offence is essential before expanding the scope of the existing legal framework.16 On the background of the reflections based on the sociolegal framework that sets the definition of legal effectiveness with specific respect to criminal law, and on the critical literature on the inadequateness of the international anti-money laundering system to eliminate the targeted activity recalled in the introduction, the hypothesis underlying the case study is the following: Article 261 Gcc may be an example of a symbolic legislation, whose latent functions prevail on its declared functions. In particular, it is hypothesised that the law is an example of a 'compromise-law' that satisfy all parties taking part in the law-making process, thanks to the vagueness of the wording that allows a broad range of possible interpretations, and also thanks to the actual ineffectiveness, which pleases those who were contrary to the introduction of the provision. It is here necessary to recall the considerations on the 'legislator' being an heterogeneous group of parties not only constituted of members of the Parliament but often also by external actors, who can influence more or less transparently the law making-process. While the manifested function of tackling money laundering has in fact remained in the background, the thesis hypothesises that other latent goals have been pursued. It is further hypothesised that the 'law inaction' is part of a process of decriminalisation that intentionally grants impunity to a certain group of actors, in this case those laundering money, while giving the appearance that the practice is not accepted by law by labelling it as criminal. By using the concept of function, the study focuses on eventual conflicting interests emerging throughout the policy-making process and/or being displayed through the implementation of the provisions. In order to verify these hypotheses the research proceeds with a case study that aims at empirically assessing the sociolegal effectiveness of Article 261 Gcc. In particular, by applying the 'elastic' definition of effectiveness, the following chapters analyse the law-making process, the level of acceptance by legal scholars, the implementation, and the opinions of legal experts and professionals. The methodology adopted is qualitative. The research consists of a case study that includes a documental research, a qualitative analysis of statistical data and the conduction of interviews with privileged observers and legal actors. The study is a macro-sociological assessment of the effectiveness of a criminal legislation through the analysis of the motives that have triggered lawmakers to enact the current legal framework and the practical effects of the 'law in action'17 and of the 'law inaction'.18 Thanks to the use of sociological conceptual tools, as the ones of function, symbolic effectiveness, power, labelling, and legal culture, the research critically approaches the legal framework. In addition, the sociolegal perspective allows us to take into account the multidisciplinary nature of the phenomenon of money laundering and of its countermeasures and the diverse conflicting interests at play. The work has been conducted by a single person and not by a team of researchers; this has imposed a limit on the interviewing sample and the impossibility of undertaking, along with the qualitative analysis of the provision, a qualitative analysis of the jurisprudence and a quantitative analysis of the case law. In addition, criminal provisions have a deterrent purpose, yet in certain cases it is almost impossible to quantify the deterrence effect of those provisions, as in the case of the money laundering offence, and this represents a shortcoming of the current research. Official numbers are highly problematic, this element, despite impeding an objective quantification of the phenomenon, can represent a partial result for the qualitative analysis, because it highlights the complexity of the matter. The anti-money laundering regime is constantly evolving, and this would require continuously updating the assessment, instead the research provides a picture of the current situation. Yet the work offers the reader an instrument to critically interpret also possible changes in the wording of the money laundering offence that may be made following the publication of this work. The outcomes of the critical study on the reasons and effects of the current legislation can be used as a starting point for further research; the methodology set for the empirical analysis can be applied to assess the effectiveness of following developments. The structure of the thesis is the following: The first chapter presents the theoretical sociolegal framework and provides an operational definition of the concept of effectiveness that directs the empirical research. At the end the chapter describes the methodology of the qualitative research. Chapter two traces the genesis of the money laundering offence, as well on an internal, European and domestic level. The chapter analyses legislative intents, parliamentarian debates and other external contributions as declarations of intents and opinions through a desktop-study. The third chapter is dedicated to the doctrinal debate about the money laundering offence regulated in the German penal code. In particular the chapter highlights the controversial issues that have emerged through the abundant legal scholarship production, which might affect the effectiveness of the money laundering offence. Chapters four and chapter five present the empirical research. The fourth chapter analyses the quantitative data of the implementation of the money laundering offence from a qualitative perspective. The last chapter presents the results of the interviews. The main outcomes of the research are that the interests expressed more or less manifestly from the actors taking part in the initial phase of the creation of the anti-money laundering regime were strongly conflicting with each other. One representative example is the question whether to use the policy also to tackle large scale tax evasion or to leave proceeds deriving from fiscal crimes outside of the regime. Very different justifications were given for the criminalisation of money laundering at different stages. Often the declared motives did not correspond to the real goals of the actors taking part in the law-making process. The rhetoric connected to the seriousness of the drug issue was the manifest function of the new criminalisation of money laundering. However, other latent goals, for instance, the desire of financial institutions to clean their reputation and gain customs confidentiality or the interest of some governments to curb tax evasion were already present during this initial phase. Another controversial issue concerns the fact national states have adopted anti-money laundering measures under the pressure of the FATF, which is led by most industrialised countries.19 Despite lacking democratic legitimation, the FATF has imposed worldwide a brand new regime of criminalisation, prevention and enforcement. The legal framework has been used to address ever-new challenges, and this expansion process has been coupled by a rhetoric that scholars have defined the securitisation rhetoric.20 The most recent function manifestly attributed to the anti-money laundering legal framework, that is, in short, the protection of the soundness of the financial system. Especially in times of financial insecurity, the tendency of hardening laws against economic crimes increases. Having previously deregulated the financial system to enhance economic liberties, legislatures resort to criminal law to control illegality in the economy. As a response to the European financial crisis of 2007-2011, legislatures, instead of rethinking the approach towards the protection of the global finance, called for a tightening of economic crimes regulations. The European discourse on money laundering has mostly been related to the destabilisation of the market, the abuse of capitals' movement liberty, the disintegration of the internal economy. But, why was the EU so keen on imposing a common standard for the criminalisation of money laundering, without even enjoying competence in penal matters? The introduction of a common anti-money laundering control policy served to a latent function, namely to the purposes of the creation of the 'Single Market', by way of avoiding that Member States would have adopted measures inconsistent with the completion of the Internal Market, while taking action to protect their own national economies from money laundering.21 This was done by avoiding that domestic regulations implemented for protecting national economies from the infiltration of ill-gotten capital could have hampered the freedom of movement of capital within the European borders. The tension emerges, also in the wording of the most recent EU money laundering Directives, due to lack of Community action against money laundering could lead Member States, for the purpose of protecting their financial systems, to adopt measures which could be inconsistent with completion of the single market.22 There are thus conflicting interests between the claim for regulation to avoid the infiltration of illicit capital, and the demand for deregulation to foster the free market. The European legislature, however, did not declare completely this intention and justified, instead, the imposition of anti-money laundering rules given the threats posed by money laundering to the financial system and thus to society. According to this critical approach, the criminalisation of money laundering turns out to be more of a political tool aimed at achieving governance within the EU, while being presented to the public as an essential intervention to guarantee security and well-being. Once again, thus, the declared goals of the lawmakers did not correspond with the real intentions. It is especially in the interest of a research on the law's effectiveness to unveil functions that were undeclared, in order to evaluate the outcomes in a more critical way. Also from the analysis of the national law-making process emerged divergent opinions and expectations relating to the criminalisation of money laundering. The Parliamentarians debate that took place with regard to the introduction of the money laundering offence and other instruments to tackle drug-trafficking shows that the discussion was deeply embedded in the political-historical context. Given that Germany was just reunified after a period of two dictatorial regimes, the hearing gives the impression that lawmakers felt the responsibility of creating a new legal system against such historical background. In order to balance the very different legal cultures, the divergent approaches had to be compromised. The introduction of a new crime was particularly delicate due to the discriminatory and arbitrary use of criminal labels by the previous dictatorial regimes. Therefore, delegates would not easily give up on fundamental rights for the cause of persecuting criminals. The legislation can be seen as an attempt to balance the need to adopt more effective measures to tackle crime and the necessity of respecting the rule of law and creating a 'militant democracy'. Yet, given the external pressure of the FATF, the EU and of the media, the text was less of a compromise and rather a ratification of 'internationally' accepted standards. The rule of law was not the only issue emerged in the initial phase of the political debate. Controversial opinions were raised also with regard to the questions of the mens rea and the interest protected by the new criminal provision: Certain political parties supported the broadest criminal liability to ensure an effective prosecution of money laundering, other parties were worried that a widespread liability would have been cumbersome for the economic system. Moreover, along with the expansion of the international criminal legal framework to fight against money laundering, also the scope of Article 261 Gcc was extended to include ever-new predicate offences. From the analysis of the doctrinal debate, it emerged that legal scholars have revealed technical hindrances that hinder the provision's legitimacy and thus hamper a positive integration of the act in the criminal legal system. In addition, given that most controversial issues are caused by the wording of the offence, the chapter seems to uphold the idea of an intentional potential decriminalisation of money launderers. The wording of Article 261 Gcc has the potential of frustrating some of the intentions expressed by the legislature in occasion of the adoption of the provision. While the vague formulation of the money laundering offence was thought to tackle ever-new emergencies and has been justified by legislatures as necessary to ensure a more effective fight against money laundering, it has also raised issues that, far from being purely dogmatic, have undermined the acceptance of such law. If law makers have designed the offence in a broad way to allow the criminalisation of conducts that could not have been prosecuted by the existing offences before, the large discretion left to prosecutors, has resulted in a cumbersome element for the prosecution of money laundering. In addition, criminalising the reckless conduct without envisaging a specific criminal liability for security positions has widened the scope of the offence to the point that the law has missed its function of isolating criminals by criminalising gate-keepers' activities. In addition it emerged that there are some open questions with regard to the wording of the offence, for example the question of the interests protected by Article 261 Gcc. On one side a state intervention is considered necessary to contain the impact of economic misbehaviours to protect citizens, on the other side it is important to limit the resort to criminal law only for safeguarding individual or collective situations and not for defending an existing economic structure. The economic system may, in fact, not be considered as a collective interest that needs protection. Also, safeguards provided by penal law need to be substantial and not symbolic, because they urge to change a given situation of inequality, where criminals can profit from illegal practices while legitimate economic actors undergo unfair competition. From the doctrinal analysis it has instead emerged that the legislator seemed to be more interested in drafting a symbolic legislation that can be hardly integrated in the legal system and that raise strong challenges. Lawmakers have been focusing on expanding the reach of anti-money laundering in order to improve its effectiveness, yet without providing legitimacy for such expansion. One of the most meaningful fact observed in the qualitative analysis of statistical data is that organised crime and 'gross money laundering' are not persecuted through Article 261 Gcc. This fact can be inferred by the low number of convictions pursuant to Article 261 (4),23 by the low number of money laundering proceedings categorised as organised crime and by the low number of investigations in the field of money laundering, tax crimes and economic crimes recorded by public prosecutors offices in 2013, where more than one person was involved (18 %). Yet, this does not mean that the criminal justice system does not act against them, but rather that it uses other tools to achieve the goal. While the low conviction rate for serious money laundering cases could be also a symptom of a high degree of deterrence of the provision, it seems that law enforcement uses the money laundering charge as a fallback for authorities who are unable to acquire sufficient evidence in a preliminary phase for the predicate crime and necessitate further information otherwise not accessible. The charge of money laundering allows investigators to access the vast amount of information recorded pursuant to the GwG, which would not be otherwise accessible. Yet, after the investigative phase, prosecutors seem to prefer to modify the charge and opt for indictment for predicate offences instead. The law seems to be effective to the extent that it facilitates the initial investigations, while it does not serve directly the function of punishing money launderers. Besides having a substantial nature, the provisions seem to have a procedural function. It can be inferred that prosecutors find particularly difficult to bring evidence against organised money launderers also due to the fact that professional offenders do not leave traces. From the scarce use of Article 261 Gcc for tackling organised criminality, it can be inferred that the measure is not serving for one of the purposes declared by the legislature when introducing the offence. In addition, it can be hypothesised that other measures may be more suitable to tackle 'gross money laundering'. Given the high number of STRs filed and the low number of money laundering charges and of convictions deriving from the STRs since the introduction of the laws, it can be assumed that the system has been anyway maintained because it still provides some sort of benefits. It can be hypothesised that one benefit is the number of information provided to law enforcement agencies. This amount of recorded information is helpful not only to support further indictments, but also to increase the personnel awareness about the ever-changing money laundering techniques and schemes. Again the effect of the 'law in action' differs in respect to the declared legislative intentions, which justified the criminalisation of money laundering with the necessity of tackling organised crime's economic power. By spelling out this function, the assessment on the effectiveness of the law - as the possibility of collecting information - can be positive. Yet, this effect could be considered a social cost rather than a benefit. On a theoretical side, many scholars see the recording of personal information by private actors as an infringement of the right to privacy.24 On a more practical side such mechanism imposes significant costs on the designated businesses and professions that are in charge of collecting the data.25 When compared to the effective outcomes of the preventive regulations, in terms of law enforcement results, this aspect does not seem to win a cost-benefit analysis, as showed in the quoted researches. If one considers the advantages in terms of information collected, the policy may be considered worth the burden imposed, instead. However, the fact that the laws would have an effective impact on the long run on the fight against money laundering and organised crime may be seen as a diminished deterrence effect, because perpetrators would have the time to adapt to the new laws and find new ways of circumventing them. A collateral effect of the long-run effectiveness of the policy hypothesised on the basis of the outcomes of the research on the implementation is the fact that perpetrators could take advantage of the initiated but not completed cases, by acquiring knowledge about law enforcement strategies and thus develop subterfuges to elude them. On the contrary, it seems that the legislature is always running after to cope with the offenders' ever-new strategies. In fact, regulations about a new sector are updated when there is evidence that there is a risk of money laundering in that specific sector. Yet, offenders might have already moved their laundering activities to another sector. On the assumption that the inclusion of the reckless conduct would have potentially criminalised daily activities, a focus was posed on the number of convictions related to Article 261 (5) Gcc26 to verify the target of the criminal provision. Since 2005 a high number of convictions have been actually referring to reckless money laundering. This shows that the offence is used to punish primarily 'petty money laundering'. This fact can also be inferred from the relevant number of money laundering cases to the detriment of senior citizens, signalled by the FIU in the recent years. Also the fact that a significant number of STRs is filed in relation to the 'financial agents' phenomenon' is a symptom that the preventive mechanism targets more 'small fishes' rather than big perpetrators. Individuals convicted for the reckless conduct may be even victims of a fraud perpetrated by criminal networks. However, the criminal network acting behind the offender remains undetected. If on the one side it cannot be claimed that such offenders, given the lower degree of culpability should not be punished at all, on the other side this effect of the law involves a change of paradigm. The money laundering offence was initially introduced with the goal of tackling serious crimes. The observed effect, however, changes the function and the nature of the law, so that Article 261 Gcc could be considered rather a 'blue collar crime' more than a 'white collar crime'. From the analysis on the quality of STRs filed to the FIU, it can be inferred that certain designated professions and businesses are very reluctant in filing STRs, despite their notably exposure to money laundering risks. The list of designated professions and businesses has been amplified over the years exactly with the goal of facing this transfer of crime from one area to the other. Yet some professionals, such as legal advisors, do not report them, although they possess the capacity of recognising illicit transactions. The fact that some sectors do not actively participate in the effort of preventing money laundering, by allowing criminal proceedings to enter the legitimate economy, may lead to a general ineffectiveness of the system, because it can significantly hinder the capacity of the whole anti-money laundering system to respond to the ability of offenders to move their field of activity there where the law is lax. The provision does generate some instrumental effects by punishing offenders and by triggering a cooperation directed at signalling suspicious transactions between the obliged entities and law enforcement. However, some of the effects do not seem to completely fulfil the legislature's declared goals. For example the chapter seems to prove wrong the legislature's expectation of tackling the grey area by punishing gate-keepers or the attributed function of eliminating organised and serious crime. Given the high costs of implementation highlighted by the cost-benefits analyses, the rather low outcomes seem to be insufficient to fulfil the legislature's goals. Since it is sufficient that without latent functions it would be impossible to explain the adoption and maintenance of a legal act,27 it can be concluded that the intents declared by lawmakers do not satisfy the reasons why the provision was introduced. This opens up the hypothesis that Article 261 Gcc is an example of a symbolic legislation, which has been enacted with the purpose of compromising a complex parliamentarian debate. The analysis of the law-making process has revealed the existence of different expectations attributed to the introduction of Article 261 Gcc. Expectations that were conflicting with each other had to be negotiated and were compromised through the formulation of a vague offence that allowed different interpretations. Yet, the implementation of the law has led to the re-emersion of some of the conflicting situations. In addition, given that the policy regulates a complex and multifaceted issue new conflicts have emerged through its enforcement. The effects triggered by the norm can be indeed perceived positively or negatively by the different actors involved. In particular five principal conflicting situations have surfaced from the interviews. The first issue is the role played by external actors in the law-making process and the constant influence exercised by those actors in the process of updating the policy. The imposition of a US American approach to money laundering control through the role of the FATF has also been highlighted in the second chapter. Specifically, some scholars see the development of a global prohibition regime fostered by the US in the diffusion of anti-money laundering law. According to this literature, the powerful state creates an international regime focussed on achieving its own goals through global acceptance triggered by the securitisation rhetoric and compliance processes imposed through the menace of exclusion by international business relations. The second conflict that emanates from the words of the respondents is the one of the demand for criminal law to face financial misbehaviours and the necessity of limiting the tendency of expanding criminal law on the background of a situation of financial instability. Given the previous deregulation of the market, policy makers need to control and sanction economic abuse in order to protect fair competition and law-abiding individuals. On the other hand, the state needs to respect fundamental principles, such as the rule of law and the principle of ultima ratio that imposes a restriction of the use of criminal law in situations in which no other measures are suitable. This conflict has already been raised along the formulation of the money laundering offence with regards to the question of the interests protected by the law. Despite the legislator tying to limit the scope of the offence by attributing to Article 261 Gcc the protection of the administration of justice and of the interests protected by the predicate offences, this explanation was not considered suitable to the peculiarity of the offence. Indeed, shortly after the enactment, legal scholarship and the judiciary entered in a vivid debate in order to identify more suitable interests protected by the law, among them the financial and economic system under different perspectives. However, as chapter three shows, no solution could be found. In fact, the question concerning the suitability of criminal law to tackle illicit financial flows is perceived in the current research as still unsolved. The matter does not only concern money laundering control. On the contrary, it is a fairly widespread issue that has recently emerged due to the tendency of hardening economic crimes on the background of a situation of financial instability. The third conflict can be summarised as the following: on the one hand the policy being required to interfere with the personal sphere of suspected money launderers; on the other hand private institutions being interested in protecting their relations with loyal and trusted customers. Therefore, they are reluctant to give law enforcement the possibility to interfere too much in their business. The interest manifested by the private sector involved in the prevention of money laundering seems thus to collide with the legislative intent of preventing the infiltration of dirty money by way of preventing gate-keepers to help money launderers. The clash emerges at a micro-economic level and is triggered by the fact that the anti-money laundering policy demands an active participation by private sector in the detection of suspects. Private actors, are not appropriate to bear the burden of detecting offenders, moreover they need to protect the relationships with customers by avoiding unnecessary interferences. At the same time, the privatisation of crime control is questionable also from a governance point of view. It seems therefore that the public interest in persecuting crimes through having access to personal information from the private sector only marginally collides with the interest of protecting the right to privacy. Businesses and professions are predominantly interested in not interfering with their clients and in not bearing the burden of detecting offenders. The issue was also addressed during the national Parliamentarian debate, with regards to the degree of mens rea required for money laundering criminal liability. Making everybody taking part in economic or financial activities actively participating in the monitoring of the economic system under the threat of criminal liability for negligent money laundering was considered harmful for the business market. The same debate has been picked up by legal scholarship too. Yet, it seems that, despite the law being the result of negotiations, the question is still open. The fourth issue consists of discording opinions with regards to the opportunity of including tax evasion as predicate offence for money laundering. On one hand there is the interest of tackling tax evasion through the anti-money laundering regime, on the hand the concern of keeping the two phenomena distinct in order to avoid an overrating of money laundering. Since the genesis of the anti-money laundering policy, some actors taking part in the international law-making process, opposed the labelling of 'black money', naming money deriving from tax violations, as 'dirty money', indicating all proceeds of crime typically committed by organised crime. This distinction was based on the perception that tax-related offences were less serious and less harmful than capital flight and were advocated by financial centres in order to maintain a good reputation while still granting peculiar financial services, such as bank secrecy. This issue is a good example of the labelling theory, to the extent that it shows how a practice that was firstly not considered criminal enough to amount to a predicate offence for money laundering, has become part of the scope of the anti-money laundering regime on the basis of a political decision of labelling it as such. Respondents of the current research show to have different perceptions of the degree of the seriousness of tax laws violations and thus about the appropriateness and necessity of tackling them under the umbrella of the anti-money laundering policy. Again, the matter, which seemed to have been resolved through the negotiations on an international and European level, is still being debated at national level. The last two contrasting interests are the necessity of regulating the flows of money and the free movements of capitals in a neoliberal economy. The question is intrinsic in the nature of money laundering, which is a phenomenon that happens at the interface between legality and illegality. Regulations that facilitate the licit exchange of goods, capitals and services do also facilitate the flow of ill-gotten gains; there are thus conflicting interests between the public interest of persecuting crime and the claims for less regulation in a free market economy. From the interviews surfaced that not only opinions on the effectiveness of the law differ, but the very concept of effectiveness is perceived differently among the interview partners. Perceptions about how effective the anti- money laundering policy is appear to be similar among respondents belonging to the same experts' group. In particular, given the fact that the policy triggers many preliminary investigations, investigators work on a daily basis with the provision. This led to their opinion on the implementation of the legislation being rather positive. Positive opinions have common ground: they assert that the policy is not a simple one to implement, however, they believe that the legal practice has found its way through. On the contrary, defence attorneys specialised in economic crimes do not receive a significant amount of clients suspected for money laundering. For this reason they tend to have a rather negative opinion on the policy's effectiveness, also driven by the perception that the policy is not able to achieve the indirect goals. The diverse concepts of effectiveness provided by disciplines close to the sociology of law and the different definitions of effectiveness given by sociologists of law turn out to be useful here. Particularly the notions of 'efficiency' and of 'efficiency regardless of the goals' are proved very useful to interpret the respondents' opinions. Efficiency, is according to the administrative legal approach, the optimal relation between the goals achieved and the instruments used. A subcategory of this concept is the efficiency calculated through a cost-benefit analysis, of which some examples have been presented in the fourth chapter, which defines efficiency as the functioning of a legal order without assessing the goals achieved. This type of analysis focuses on the correctness of the operating system since the purpose of the system is its own existence. It refers to a whole legal order rather than to a specific single provision. Given that the anti-money laundering policy constitutes a legal order, due to the diverse regulations involved and the competent authorities created in order to achieve the goals of the policy, this notion can be applied. In the field of administrative legal theories, the first chapter has focussed on the approach that considers the (in)effectiveness of a law depending on its (failing) enforcement. A high degree of compliance of the anti-money laundering legislation might correspond to a high level of effectiveness of the policy with respect to its direct function, but at the same time to a rather low level of effectiveness with regards to its indirect purposes. The way to evaluate the degree of effectiveness is therefore also different. While compliance with legal provisions is calculated through a quantitative assessment of the processes in force and of the functioning of the system, the achievement of the indirect functions is measured on the impact of the policy. Interview partners have different perceptions about the indirect functions of the legislation too. This reflects, once again, the fact that the policy was a result of a compromise between different expectations and that the legislator was not able to limit the scope of its application to a particular goal. The different expectations and intents, which already emerged in the doctrinal debate about the legally protected interests, appears again in the different perceptions of the interviewees. The respondents were asked about the legislation's effectiveness with regards to one of the indirect functions, namely the capacity to deter organised crime. The legislator enacted the money laundering offence in the context of the fight against drug trafficking and other forms of organised crime, thus Article 261 Gcc's expressed rationale is the prevention and repression of organised crime. Finally, a relevant outcome regards the respondents' opinions on article 261 Gcc's latent symbolic function. Some of them agree with this. Others strongly oppose the hypothesis. They argue instead that the policy has instrumental effects on their daily practice, which cannot be defined as purely symbolic. According to most respondents, the law cannot be defined as symbolic, because it has led to instrumental effects. In the first place information gathered thanks to the GwG is used to start preliminary investigations under Article 261 Gcc. Secondly, the structure enacted to comply with the anti-money laundering policy is attainable and is visible and cannot be denied. Thirdly, the law is considered necessary because it labels a deviant behaviour. In particular, despite the fact that investigations do not lead to a conviction for money laundering they allow investigators to collect information in support of criminal cases for the predicate offences or to start a preliminary investigation for a predicate offence. In this sense, the function of the 'law in action', despite being questionable, is objectively instrumental. However, the fact that the law serves the purpose of tackling predicate offences through the support of investigations does not exclude the hypothesis that the law was enacted to pursue latent functions too. According to the sociologist Aubert, it is not necessary that the latent goal is the only one that plays a role, but it is necessary that the other purposes would not explain the analysed phenomenon completely. Indeed, in the opinions of those who exclude the symbolic function, yet the results achieved through compliance do not legitimate the burden imposed by the legislation. In other words, it seems that they recognise that the purpose of compliance cannot completely explain the policy makers' motivation, which re-opens the doors for the hypothesis of the existence of latent functions. In fact, such a demanding policy cannot be accepted for the sole purpose of re-enforcing the action of the criminal justice system in tackling predicate offences. On the other hand, compliance with the policy in terms of building of a structure and of expertise does not automatically mean fulfilling the policy's purpose. Particularly the creation of new professionalism, has been interpreted by scholars as a sign given to the public that the policy has produced certain effects. In conclusion, on the background of the research's outcome, the paper tries to reply to the question: (How) can the effectiveness of the money laundering offence be improved? While technical hindrances can (and perhaps) will be removed through legal reforms, 28 the inherent political economic and financial conflicting interests that impede a higher level of effectiveness are more difficult to solve. In contemporary industrialised economies there is a complicated and sometimes shifting boundary between legitimate and illegitimate transactions. This is particularly exacerbated in the context of financial capitalism, which 'subordinates the capitalist productive process to the circulation of money and monetary assets and hence to the accumulation of money profits'. Since the very beginning, determining the boundary between an area defined as 'criminal' and the space of 'legality' has been controversial. In fact, money has a neutral nature, pecunia non olet, making profit, irrespective of the monies' origin, is a very strong interest for both private and public entities, which collides with the one of eliminating illicit financial flows. In other words criminal policy goals diverge from purely economic interests. While one can assume the justice and correctness of the current financial system, and thus describes money laundering as harmful because it interferes with the existing economic order, one can also assume that the capitalist system leads per se to injustice and inequality, and that money laundering is actually embedded in this profit-oriented system and represents just the darker side of the capitalist economy. A compromised viewpoint is the one that describes money laundering as an accepted collateral effect of the capitalist system, that is to say 'a certain amount of illicit financial flows may be considered an acceptable price to pay for a market where free mobility of capital is guaranteed'. In other words, money laundering is intrinsic in or at least exacerbated by the capitalist system.
