This paper focuses on how growth theory can guide growth policy design. It first argues that policy matters for growth, in particular when policy variables are interacted with country?specific variables (financial development, institutional environment, technological development, and so forth). Second, it argues that the Schumpeterian paradigm does a better job at delivering policy prescriptions that vary with country characteristics. Third, it discusses the advantages and drawbacks of growth regression analysis. Finally, it briefly describes and then questions the recently proposed 'growth diagnostic' approach.
The paper focuses its analysis on the last three decades of the twentieth century. The basic assumption is that Egypt's economic performance during this period was less than satisfactory compared with the most successful examples in the far East and elsewhere. The paper also assumes that Egypt's initial conditions at midcentury compared favorably with the winners in the development race at the end of the century. Egypt has achieved positive progress, no doubt, yet compared with the higher performers in Asia, and given its favorable good initial conditions, the record seems quite mediocre. By mid-twentieth century, Egypt's agriculture had almost reached its limits. Egypt, therefore, faced a new challenge: a need to transform itself into an industrial society. This objective was only partially achieved. The paper identifies three interrelated factors that helped hinder Egypt's accession to a new industrial society. The first factor is a strong state and a weak society. An authoritarian state that in its endeavor to preserve its prerogatives had to give up good governance practices and limit the creative initiative of the individuals. The second factor is a semi-rentier economy. The availability of windfall revenues not only reduced the pressure for change but also promoted a new rentier mentality that undermined the emergence of an industrial spirit. The third factor is an inadequate education system. This system failed to provide the proper skills and values required for the industrial society. These factors, moreover, are interdependent and reinforce each other.
In 2009 the Gabonese authorities defined a new vision whose strategic guidelines are detailed in an operational plan, the strategic plan for an emerging Gabon (PSGE) whose goal is to turn Gabon into an emerging country within one generation. PSGE includes an ambitious public investment program to develop basic infrastructure and to create the necessary economic environment for the emergence of a diversified economy. The major challenge for PSGE, and how it can be different from previous development plans, will be to become a growth model that is both sustainable and inclusive, leading to a significant improvement in the revenue and living conditions of all Gabonese people. This report is a contribution to the debate on how to achieve this goal. It was developed as part of the implementation of a new World Bank intervention strategy in Gabon wherein competitiveness and employment is the first pillar. It identifies the main obstacles to the low impact of economic growth on employment in Gabon and makes recommendations that will foster dialogue between the World Bank and the Gabonese authorities on the subject. The report is divided into three parts: (i) an analysis of Gabons economic performance since the independence and its effect on employment, (ii) an analysis of the main characteristics of the labor market, and (iii) a review of the main obstacles to job creation. The conclusion recommends some options for reforming the labor market as well as the legal and institutional framework for employment promotion in Gabon.
Infrastructure has contributed significantly to the growth of West African economies during the past decade. In Sierra Leone, infrastructure added only around 0.51 percentage points to the per capita growth rate over 2003-07. Similarly to other countries in the region and the rest of the continent, the boost to historic growth came predominately from the ICT (Information and Telecommunications Technology) revolution while power-sector deficiencies and poor roads held back growth. After nine years of peace, economic activity is flourishing at every level in Sierra Leone. Political stability, high government accountability, good governance standards, and streamlined tax reform helped Sierra Leone to become a bright success story, turning the country into the easiest and quickest place to start business in West Africa. Sierra Leone's image in the eyes of investors is strengthened as the country ranked as one of the top five countries in Africa for investor protection. Looking ahead, the country faces a number of critical infrastructure challenges. Perhaps the most daunting of these challenges lies in the power sector, the poor state of which retards development of other sectors. Access to power is very low, at around 1 to 5 percent in urban areas, and is nonexistent in the countryside. The country's installed power-generation capacity is around 13 megawatts per million people, which is lower than what other low-income and fragile states have installed. The entire existing power infrastructure is concentrated in the western part of the country, and even with the functioning of the Bumbuna power plant, only half the suppressed demand for Freetown, let alone that for the rest of the country, is being met. Regardless of recent reduction in tariffs, Sierra Leoneans still pay some of the highest tariffs in Africa. In 2010, Sierra Leoneans paid three times as much for power as did residents of African countries that relied on hydropower. Making investments in more cost-effective power generation options is therefore an important strategic objective for Sierra Leone, without which further electrification will simply be unaffordable for the wider population.
The subprime mortgage crisis ranks among the most serious economic events affecting the United States since the great depression of the 1930s. This study analyzes key issues raised by the crisis at three levels: (i) issues directly and specifically relating to subprime mortgage lending; (ii) issues relating to the securitization of subprime mortgages; and (iii) issues affecting financial markets and institutions. These issues are fundamental to risk bearing, sharing, and transfer in financial markets and institutions around the world. Many of the issues raised by the U.S. subprime crisis also apply to high-risk loan markets in developing countries. The framework applied in the paper analyzes subprime mortgage lending as a major financial market innovation. Although conditions were conducive for subprime lending to arise as a financial innovation, financial innovations are necessarily risky undertakings, all the more so when they create new classes of risky loans and securities. The lessons learned from the crisis can thus be usefully applied to issues of the growth and development of emerging economies, as well as pointing the way to the design of new and efficient policies for subprime lending in the developed economies.
In 1928, Utah Construction Company completed its first project outside of the United States with the 110 mile railroad for Southern Pacific of Mexico. Over the next 30 years, UCC continued to work on projects in Mexico including dams, roads, mining, and canals. The collection contains several booklets and correspondence along with approximately 500 photographs. ; 8.5 x 11 in. paper ; 96) Return to Harry McNev Mexico- Copper & Exploration ABSTRACT CONDITIONS THAT AFFECT MINING EXPLORATION AND MINING PRODUCTION IN MEXICO Private mining industry is experiencing difficult times in many countries that are or have been large mineral producers. Would Mexico offer opportunities for exploration and production? Mexico is a mineral rich country. For the exploration en-gineer this is the most vital point. If the exploration groups are professionally adept, they will find mineralization. A broad review of metallogenetic provinces and of past and present production in Mexico can be used as a guide to explora-tion. Although Mexico is well endowed with minerals, there are many factors that must be considered before a determination can be made that the mineral discovered is ore; (a) restrictive factors in-cluca governmental policy such as taxes, Mexicanization, commodity prices and certain laws; (b) favorable factors include a stable government, strong and freely-convertible peso, and relatively low direct-production costs. -The Mexican mining industry offers an opportunity to those willing to study the problems, accept the law, and invest in the social -as well as financial- future of Mexico. CONDITIONS THAT AffECT MINING EXPLORATION AND MINING PRODUCTION IN MEXICO I. INTRODUCTION. The potential foreign investor in Mexico's Mining In-dustry must carefully consider many facets of the industry and of the country. On the positive side, a stable govern-ment, a healthy monetary position and. above all, a mineral-iy rich country can be found. However, no investments should be made until the potential investor has investigated the min-ing law with its Mexicanization requirements, the mining taxes, the technical manpower regulations and the power of the ex-ecutive branch to set commodity prices. The official mining policy during the period 1930 to 1954, did not encourage investments in the mining industry. However, the future looks much brighter, for now Mexicanization has been accomplished for over 90% of the industry and the gov-ernment realizes that mine products provide a base for Mexico's currency and bring in foreign exchange, that mining provides an important source of government revenue and is an important con-sumer of power, supplies, and transportation services. Also, and of great future importance, Mexico's expanding industry will be in need of more raw materials to supply its demand and its increasing export of manufactured goods. II. HISTORY. The Spanish conquistadores were obsessed by the riches found in Mexico - particularly gold and silver. Thus began the systematic plundering of the new colony and the beginning of mining as the basis of Mexico's economy, Mexico became known as the ""mine and mint of Spain"". Major mining districts such as Taxco, Zacatecas, Santa Brbara and Guanajuato were discovered and brought into pro-duction between 1520 and 1550. It is interesting to note that these selected districts are ail still in production. From 1810, which saw the start, of independence from Spain to 1910 when the Mexican Revolution broke out, mining continued to play a leading role in the national economy. It probably would be fair to say that it sustained the economy. From 1875 to 1900, for example, mining accounted for 70% of the value of Mexico's exports. During the period of the 1910-1917 Revolution mineral pro-duction sharply declined. Silver, lead, and zinc, however, hit their peaks in the late 1920's nut then the general depression followed by governmental restrictions and high taxes reduced exploration which then was followed by reduced production and to date the peaks of production of the late 1920's have not been reached. Under the progressive regime of President Diaz Ordaz, which started in 1964, governmental stimulation to the mining industry has led to greater exploration which is now showing up in increased production. Today Mexico ranks as the leading producer of silver and is the fourth largest producer of lead, fifth of zinc and fourteenth of copper. Mexico also produces major amounts of mercury, bismuth, sulphur, antimony and is the leading producer of fluorite. The entire mineral industry accounts for over 20 percent of the country's foreign exchange earnings although this amounts to less than 2% of the Gross National Product. III. CONDITIONS IN THE MINING INDUSTRY OF MEXICO THAT AFFECT IN-VESTMENT. A. Mexicanization. The term Mexicanization has often been misinterpreted as nationalization. Mexicanization only implies the control of a company in Mexican hands. The transfer of control from foreign to Mexican hands proceeds on a private level by negotiations between local and foreign businessman. Although foreign capital is welcomed, the investor should not expect more favorable treatment than that accorded domestic investors. In Mexicanization it is implicit that as a country progres-ses and matures it must create a body of national capital. For if the profit earned leaves the country (although it created jobs, paid taxes, etc.) the servicing of loans and repatriation of capital would likely endanger the balance of payments leading to an unsound economy. Instead, by retaining within the country at least 51% of the profit, a national capital can be created which is so necessary for further economic expansion and industrialization. - 3 - In 1961 a mining law was passed providing that new mining concessions can be granted only to Mexican nationals, and companies in which a minimum of 51 percent of their capital stock (or 66 per-cent in some instances) is owned by Mexican nationals. This same law, however, granted tax privileges to Mexicanized companies. B. Immigration Restrictions. To protect their skilled and unskilled labor, the Mexican Government has regulated the immigration of foreign technicians in-to Mexico. However, if for the good of the country it is felt that a foreign expert is vitally needed, he can be permitted to enter generally with the stipulation that he train his replacement. Mexican universities are training mining engineers, metal lurgists and geologists but their training is principally academic and an industrial training period is necessary to make these en-gineers capable of filling normal production positions, C. The mining law of Mexico was completely redrafted in 1961, This is an extensive law and only a few of the points will be discussed, 1. Only Mexicans or Mexicanized companies have the right to obtain concessions. 2. A concession shall have a maximum surface area of 500 hectares l hr = 10,000 sq. meters). The sides of the con-cession are limited by vertical planes, 3. The total maximum concession area for a company or an individual is limited depending on the substance. However, three times this maximum can be held for a five-year exploration period. As an example for gold, silver, copper, lead and zinc, a maximum of 9000 hectares can be held for the first five years. After this five year period, a maximum of only 3000 hectares can be held. 4. Mining concessions are issued for 25 years but may be extended on proof of effective exploitation. 5. Assessment work is required. D. Taxes. Taxes paid by mining companies include: 4 1. Income Tax. This tax is modarate and has a maximum of 42%. 2. Production and Export Tax. These taxes are based on price set monthly by the Treasury Department. This official value is arbitrary and can change but generally reflects world prices. These taxes are levied whether the Company is making an operating profit or not. 3. Surface Tax. This tax is a rental on mineral concession of $1.20 dollars per hectare per year. 4. Capital Gains. Capital gains are included in gross income but at a reduced percentage depending on the length of time that assets have been held. 5. Depletion. There is no deduction allowed for depletion. 6. Amortization and Depreciation. It can be stated that deductions allowed are those that the tax authorities regard as normal and necessary for conduct of business. 7. Reduction in Taxes for New Mines. A directive calls for a five year reduction of up to 40% income tax and up to 100% of the federal portion of the production and export taxes, and accelerated depreciation and amortization for certain investment in new operations. 8. Other Taxes. Other taxes such as social security payments and distribution of a portion of annual profits to employees are required. E. Metal Prices. Metal prices for sale in Mexico are set by a govern- - 5 - merit agency. These prices are lower than world prices and act to subsidize Mexico's metal-using industries at the expense of the mining industry. F. Favorable Conditions. 1. Stable Government. The Mexican Government is stable and this stability will be entrenched each passing year with the development of a larger middle class and the strong emphasis on education. 2. Financial Stability. Exchange restrictions have never been imposed and funds are freely convertible and transferable to and from Mexico. The exchange rate has remained at 12.50 pesos per U.S. dollar since 1954. An exchange stabilisation agreement exists between Mexico and the International Monetary Fund which permits Mexico to draw on foreign currencies to maintain the parity of the peso. However, Mexico has maintained a favorable balance of payments for numerous years. 3. Low cost labor. Although there is a notable lack of qualified mining and exploration personnel of the highly technical and supervisory calibre, there is plentiful mining labor in the mining regions. In general, the mining labor is efficient and the costs are reason-able. Recent wage raises have been higher than increased productivity and management must work for higher productivity. In recent years strikes of over 15 days duration have been exceptional and peaceful labor relations are the rule. 4. High mineral potential. We can start with the premise that Mexico is a country extremely well endowed with minerals and many ore bodies await to be discovered. The fact that there has not been more than possibly three major metallic mineral discoveries in the last two decades is not that the bodies do not exist but that fiscal conditions have been such that no search has been made - 6 - for them. Now methods and philosophies of exploration have not been tried until very recently but in them lies the great ex-ploration potential of Mexico. There are three general geologic zones in Mexico. The nor-thern zone is separated from the southern zone by the volcanic-rift belt which runs east-west through Mexico City and Guadalaja-ra and has as its most obvious surface feature a belt of Cenozoic volcanics. Most of the mining in Mexico has taken place in the northern zone in which the more acidic intrusive rocks are found. The southern zone contains more basic rocks, and although there are numerous mineral occurrences, the mines are small in size and number. The scarcity of mines in this zone is undoubt-edly due, in great part, to the lack of exploration which is made difficult due to lack of roads and facilities and to the heavy vegetation covering the outcrops. The volcanic-rift belt exhibits difficult exploration con-ditions; the principal ones being the great amount of volcanic cover and the intense faulting. As in the southern zone this area has not received intensive exploration; however, the famous silver deposits of Pachuca, Taxco, El Oro and Guanajuato lie within this region or at its edge. In the northern zone a long, large northwest trending belt of middle Cenozoic volcanics is found, which constitutes the Sierra Madre Occidental. Pew large mines are known within this belt of very thick volcanics; but where the rocks below the volcanics have been exposed, they are abnormally well mineralized. Therefore, here again the scarcity of mines is due to lack of out-crops. In order to investigate the exploration possibilities in greater detail, let us evaluate the situation of various metals. a. Silver. Mexico is and has been for many years (except 1968) the world's leading producer of silver. In the past a majority of the silver came from such bonanza camps as Pachuca, Guanajuato and Tax co where the silver was found in very high-grade deposits with very minor amounts of other metals. Today. most of Mexico's silver is produced as an accessory mineral in the lead and zinc deposits. This means that with lower lead and zinc prices there has been a reduction in the production of silver although silver prices have advanced. Although the bonanza camps have been reported as ""worked out"", there are definite signs that this may not be the case. Recant high-grade discoveries in Guanajuato and Taxco indicate that if modern techniques and vigorous exploration are carried out, it is quite possible that bonanza deposits will be discovered. Silver is well distributed in many parts of Mexico and it would be difficult to pin-point exact locations favorable for exploration. Slide No.2 shows in general the major distribution of silver. Since the environments vary widely, so also would the exploration techniques. In parts of Mexico numerous silver deposits have been known but left unexploited due to lack of roads and facilities. Large, low-grade deposits probably exist but as yet company philosophies have not been such that they would explore for this type of deposit. b. Copper. Copper, like silver, appears to have a future at favor-able prices. Added to this is the great increase in demand for copper by Mexico to satisfy its rapidly expanding industry. Until this year (1970), there has been only one copper mine in Mexico that could be considered major; the Cananea mine which produces approximately 70% of Mexico's copper. The Santa Rosalia mine in Baja California could be considered a medium sized mine and the rest of the present copper production comes from very small mines or as a minor mineral from other base metal mines. Because of this limited production, Mexico is presently producing just enough copper to supply its internal demand. This picture, however, is changing rapidly. In early 1971, Asarco Mexicana, S.A. will bring into production their Inguarn mine, in the State of Michoacn, which will have a mill capacity of 2000 metric tons per day of 1.8% copper which will more than take care of Mexico's immediate industrial demands for copper. Then in the future lies the immense deposit, La Ca-ridad, of Mexicana de Cobre, which has reserves in excess of 600 million metric tons of 0.75% copper with values in molybdenum. The exact size of this deposit is as yet unknown. Work is now underway to bring this deposit into production in 1974. -8- The reason for not producing more copper in Mexico has been the lack of exploration incentive by the mining companies. The small prospector is not equipped to explore for bulk, low-grade copper deposits and only in the last year or so have major companies made an exerted effort in this field. A very favorable copper mineral province exists in the State of Sonora, Perhaps the most important structural characteristic of this area is its location (Slide #3) along the north-trending Wasatch-Jerome crustal lineament at or near its intersection with the northwest-trending Texas lineament. Correlation between these lineaments and the distribution of the bulk low-grade deposits has been remarkable. Mexico's largest copper producer at Cananea and the previously mentioned La Caridad deposit lie along the Wasatch-Jerome near the intersection with the Texas lineament. Although northern Sonora is a most favorable area in which to explore for copper, this area should not be considered as the only target area since favorable areas exist in other parts of Mexico. Molybdenum can often be expected as an accessory metal with the copper mineralization. If unfavorable conditions for mining investment in Zambia, Peru and Chile -all major copper producing countries- continue or worsen, Mexico will become a major exporter of copper within the next ten years. Even if conditions become better in those countries, Mexico will still play a major role as a copper producing country. c. Lead and Zinc. Although the long term picture for lead and zinc, with silver as an accessory metal, may not be as bright as for copper, established smelter capacity and both local and foreign markets exist and, therefore, exploration for lead and zinc can be con-sidered by both large and small companies. For many years there has been little exploration for new lead and zinc deposits and there has been no exploration with the use of modern tools for locating unexposed bodies. The greatest exploration provinces for lead and zinc are shown on Slide #5. In these areas substantial silver values associated with the lead and zinc could be expected. - 9 d. Other Metals and Minerals. Mexico is a major producer of fluorite, barite, mercury, tungsten and antimony. Exploration will continue for these ma-terials depending primarily on world prices. i IV. SUMMARY OF CONDITIONS. Prom the foregoing, we can quickly summarize the conditions that exist in Mexico that directly affect investment in the mining industry. A. Regulatory. 1. Mexicanization. The requirement of majority investment by Mexican nationals by itself is certainly not unfavorable; however, risk capital is difficult to find. 2. Immigration Restrictions. It is often difficult to obtain highly technical personnel and companies are limited to the number of foreign personnel they can hire. 3. Mining Law. The mining law has been updated and is meant to broaden the mining industry base in Mexico. However restrictions and control are an essential part of the law. 4. Taxes. Income Taxes are moderate but production and ex-port, taxes are a severance tax not based on profit. There is no reduction in taxes for depletion. 5. Metal Prices. Mexico's industry is subsidised at the expense of the mining industry through official prices set slightly lower than world prices -10- B. Favorable. l. Mexico is a mineral-rich country. 2. Mexico has a stable government. 3. Mexico has a strong-convertible currency. 4. Direct production costs for medium to large operations are low. 5. The proximity to the United States assures a large market in addition to the growing market in Mexico. Future. The most striking feature about Mexico today is the tremendous social gains. Education receives, by far, the largest share of the national budget; health facilities are readily available and are ex-panding; electricity and roads are coming to the small villages and wages are being raised in an attempt to make even the poor farmer a consumer. Mexico is expanding industrially to keep in step with the local demands and manufacturing more and more of its necessities in or-der to reduce the need to import, which makes its trade balance more favorable. Mexico yearly increases the export of manufactured goods where previously the country had only been an exporter of raw material and crafts. Politically Mexicans are, and should be, proud of their ancient past and their recant history. They are, therefore, ready and anxious to work with foreign companies if this partership will assist in the development of Mexico as a country and to the advantage of the Mexican people. The exploitation of Mexico to the advantage of other peoples is a thing of the past. Mexico is a developed country and expects to be treated as such. The Mexican mining industry offers an opportunity to those willing to study the problems accept the laws and invest in the social -as well as financial- future of Mexico. D.F. Coolbaugh Mexico, D.F. Mexico, May 1970. DFC/mfb. - 11 -
Textual analysis of 14,270 NBER Working Papers published during 1999–2016 is done to assess the effects of the 2008 crisis on the economics literature. The volume of crisis-related WPs is counter-cyclical, lagging the financial-instability-index. WPs by the Monetary-Economics, Asset-Pricing, and Corporate-Finance program members, hardly refer to "crisis/crises" in the pre-crisis period. As the crisis develops, however, their study-efforts of crisis-related issues increase rapidly. In contrast, WPs in macroeconomics-related programs refer quite extensively in the pre-crisis period to "crisis/crises" and to crises-related topics. Overall, our findings are consistent with the claim that economists were not engaged sufficiently in crises studies before the 2008 crisis. However, counter to the popular image, as soon as the crisis began to unravel, the NBER affiliated economists responded dramatically by switching their focus and efforts to studying and understanding the crisis, its causes and its consequences.
2008/2009 ; Quella del consulente finanziario indipendente (Capitolo 1) è una figura professionale di elevato standing sviluppatasi a partire dagli anni '70 negli Stati Uniti, paese in cui l'attività è correntemente svolta da decine di migliaia di persone fisiche, iscritte ad associazioni di categoria, provviste di certificazioni anche di notevole spessore, come quella del Certified Financial Planner (CFP). Tale modello di consulenza in assenza di conflitto d'interessi è detto anche "fee-only" in virtù del suo principale tratto distintivo, ovvero che la remunerazione del professionista avviene esclusivamente a cura del cliente-investitore e non dalle società da cui sono promossi i prodotti e servizi finanziari consigliati. Rispetto al modello tradizionale di consulenza (consulenza strumentale alla vendita di prodotti finanziari: commission only), i professionisti del settore hanno dapprima iniziato ad applicare una parcella ai propri clienti (giustificata da un servizio di più ampio respiro: modello fee and commission), e successivamente a retrocedere al cliente le commissioni ricevute per il collocamento dei prodotti, secondo un maggior orientamento al cliente (modello fee offset); il modello fee only rappresenta il culmine del processo evolutivo con l'ampliamento dei contenuti del servizio offerto (da consulenza a pianificazione) e l'assunzione del carattere di piena indipendenza. Secondo l'approccio della MiFID, direttiva europea recepita in Italia nel tardo 2007, il modello fee-only è l'unica forma di consulenza in materia di investimenti che può essere condotta da persone fisiche, con particolari requisiti e secondo determinate regole (Delibera Consob n. 17130 del 12 gennaio 2010). Gli standard di qualità (ISO, 2008) tendono a definire i requisiti minimi nell'erogazione del servizio di pianificazione personale (indipendentemente dalla forma di remunerazione percepita). Questi approcci contribuiscono ad integrare a quelli emersi spontaneamente nella prassi (Sestina, 2000; Kapoor et al., 2004; Armellini et al., 2008) per quanto riguarda le competenze necessarie allo svolgimento dell'attività (tecniche, analitiche, relazionali) e la definizione delle fasi fondamentali del processo di pianificazione finanziaria personale, che in un'ottica integrata prevede: - Una prima fase riguardante gli aspetti preliminari e generali (illustrazione delle informazioni sul consulente e sui servizi offerti; definizione della relazione professionale); - Un'ampia fase relativa all'acquisizione delle informazioni dal cliente, alla verifica delle sue conoscenze ed esperienze in materia di investimenti, e alla definizione dei suoi obiettivi finanziari; l'analisi della situazione economico-finanziaria del cliente va attuata anche attraverso l'utilizzo di prospetti consuntivi e prospettici adattati al contesto (Banca d'Italia, 2009; Cannari et al., 2008; ECB, 2003); la definizione degli obiettivi e della tolleranza al rischio deve tener conto degli aspetti psicologici e di finanza comportamentale (Legrenzi, 2006; Rubaltelli, 2006; Shefrin e Statman, 2000; Motterlini, 2006; 2008); - Una terza fase relativa alla definizione tecnica del piano in un'ottica integrata (combinando vari aspetti di tipo previdenziale, assicurativo e legale), che preveda anche la formulazione dei "consigli" al cliente e la valutazione dell' "adeguatezza" degli strumenti finanziari, richiesta in particolare dalle norme di legge; - Una quarta fase relativa all'illustrazione e all'implementazione del piano, in cui il consulente affiancherà il cliente (senza, ovviamente, assumere deleghe né detenere somme di denaro); - Una quinta fase di monitoraggio che prevede degli obblighi di rendicontazione nei confronti dei clienti e la ricorsività dell'intero processo di pianificazione sulla base delle esigenze individuate. Non esistono ancora per l'Italia dati ufficiali sul numero di consulenti fee only attualmente in attività, però la crescita dell'interesse verso la professione è testimoniata dalla nascita di alcune associazioni di categoria, che contano su qualche centinaio di iscritti. Alla luce di questi dati l'impatto della consulenza indipendente nelle scelte di investimento delle famiglie italiane può considerarsi comunque molto limitato. Le statistiche per il 2008 (Banca d'Italia, 2009) confermano invece alcune caratteristiche tipiche del sistema finanziario italiano (Capitolo 2): - Oltre il 17% delle attività finanziarie detenute dalle famiglie risultano costituite da investimenti non intermediati in attività produttive, in forma di capitale di rischio, mentre la quota riferita ai mercati azionari risulta vicina al 4%; - Tra le attività a basso profilo di rischio privilegiate dai risparmiatori vi sono quelle destinate alla raccolta degli intermediari (depositi bancari e postali, obbligazioni bancarie); l'investimento in titoli pubblici risulta limitato rispetto al passato; - La "crisi" dei fondi comuni di investimento è evidente per il fatto che le quote detenute non superano il 5% del totale delle attività finanziarie. Nel complesso, l'esposizione delle famiglie verso le attività rischiose risulta limitata e caratterizzata da elevata rischiosità per effetto del modesto ricorso alla delega/diversificazione, come osservato da Barucci (2007). Tale caratteristica è confermata anche dal confronto con l'estero e si può spiegare anche attraverso la mancanza di fiducia nei mercati azionari, che può derivare sia da componenti "oggettive" che da altre "soggettive" (basate su fattori culturali), come osservato anche da Guiso et al. (2007). In generale, in senso dinamico, si rileva una forte influenza delle politiche di offerta delle banche, oltre che dell'andamento dei mercati e dei tassi di interesse, sulle scelte di investimento dei risparmiatori. Se il crollo dei rendimenti dei titoli di stato e l'andamento positivo nei mercati hanno certamente contribuito alla sottoscrizione di quote di fondi comuni nel periodo 1995-1999, in quelli successivi (2000-2005; 2005-2008) si nota un'evidente correlazione negativa tra queste e le riserve tecniche del ramo vita, nonché delle obbligazioni bancarie e di altri depositi, come osservato in (Spaventa, 2008; Banca d'Italia, 2009). Tra il 1999 ed il 2008 il peso dei fondi è sceso dal 16% a meno del 5% con una diminuzione quantificabile in oltre 300 miliardi di euro correnti, dei quali oltre la metà riferibili a flussi di riscatto secondo i dati di Assogestioni (2009). Il deflusso di capitali dai fondi comuni può essere ricondotto ad aspetti specifici quali: - La realizzazione di performance complessivamente negative a fronte di elevati costi di gestione (evidente anche negli studi di Barber et al., 2003; Jain e Wu, 2000; Nanda et al., 2004); nel periodo 1998-2008 l'extra-performance media dei fondi azionari italiani (indici Fideuram) è negativa di oltre 27 punti percentuali, al lordo degli effetti fiscali, rispetto ad un benchmark di azioni dell'Eurozona, mentre i fondi monetari ed obbligazionari cedono circa il 10% ed il 30% rispetto ai relativi benchmark; a risultati simili giungono anche Banca d'Italia (2009), Mediobanca (2009) e Armellini et al. (2008); la media dei Total Expense Ratio oscilla inoltre tra lo 0,74% dei fondi liquidità ed il 2,33% dei fondi azionari, e l'incidenza delle retrocessioni alle reti distributive sul TER è stabile nel tempo e superiore al 70%: viene dunque remunerata l'attività di vendita più che quella di effettiva gestione del patrimonio; - La concentrazione tra attività di asset management e di distribuzione, derivante dal fatto che in Italia le banche, oltre a collocare i prodotti del risparmio gestito, sono proprietarie delle SGR di riferimento: la quota di mercato attribuibile alle SGR indipendenti risulta pari a circa il 6,5% nel 2007, in diminuzione rispetto a quanto osservato tre anni prima; si tratta di un problema riconosciuto dalla stessa Assogestioni (Messori, 2008), e più volte richiamato dal Governatore della Banca d'Italia (Draghi, 2007; 2008); - Il "problema cognitivo", legato al comportamento non razionale degli investitori, eventualmente non supportati da un servizio di consulenza adeguato (Gualtieri e Petrella, 2006; Spaventa, 2008; Calvet et al., 2007; Legrenzi, 2005; 2006), e che determinerebbe, a livello soggettivo, l'accentuarsi delle performance negative a sfavore degli stessi. Dal punto di vista della consulenza indipendente, nell'analisi dei prodotti del risparmio gestito acquisisce notevole importanza il legame esistente tra commissioni applicate e performance netta (Cesarini e Gualtieri, 2005; Armellini et al., 2008), poiché i costi della gestione dovrebbero in larga parte remunerare il valore aggiunto conferito dagli asset manager, in una filosofia di gestione "attiva", ovvero che non si limiti alla mera replica di un paniere di attività finanziarie scambiate in un determinato settore/mercato di riferimento (Liera e Beltratti, 2005). Dal momento che ciò molto spesso non avviene, stanno acquisendo sempre maggiore interesse gli Exchange Traded Funds (Capitolo 3), fondi comuni a gestione "passiva" che presentano costi di gestione limitati rispetto a quelli dei fondi, e che sono quotati su mercati regolamentati (Tse, 2008; Lazzara, 2003). Essi rappresentano l'evoluzione degli strumenti di portfolio trading nati alla fine degli anni '70 nell'America del Nord (Gastineau, 2001). In Italia, le quote di ETF sono state ammesse alla negoziazione nel corso dell'ultimo decennio, in un apposito segmento dedicato di Borsa Italiana (il segmento ETFPlus). Al novembre 2009 risultavano quotati 336 ETF per un patrimonio superiore ai 10 miliardi di euro. Gli ETF sono negoziati in larga parte da investitori al dettaglio poiché il controvalore medio dei contratti risulta vicino a € 25.000 (dati Borsa Italiana). L'offerta di ETF in Italia risulta ampia e diversificata, con il 75% degli ETF di natura azionaria, il 19% di natura obbligazionaria, e la restante parte suddivisa tra liquidità ed indici di commodities. Inoltre, sono presenti anche ETF di tipo "strutturato", ovvero quelli che, in conformità con la direttiva UCITS III, realizzano strategie di investimento diverse dalla semplice replica passiva di un indice (ad esempio investimento con leva, replica inversa e strategie con opzioni). L'investimento in ETF presenta sostanziali differenze rispetto a quello in fondi comuni al riguardo di una serie di aspetti, e risulta particolarmente interessante dal punto di vista della consulenza indipendente, anche perché nel modello di business degli ETF non è previsto il collocamento diretto dei prodotti, per cui gli investitori normalmente non ricevono alcun tipo di consulenza al riguardo, al di fuori delle attività di comunicazione e di education (comunque non personalizzate) messe in atto direttamente dalle società di gestione. Il compito del consulente, nell'approccio integrato di pianificazione personale, può essere sintetizzato nella risoluzione di un problema di ottimizzazione di portafoglio, tenuto conto delle caratteristiche del cliente soprattutto in termini di capacità e di tolleranza al rischio, nonché dell'orizzonte temporale dell'investimento, nel pieno rispetto del principio di "adeguatezza" introdotto dal legislatore. Le fondamenta teoriche della moderna gestione di portafoglio (Capitolo 4) si devono al modello di ottimizzazione parametrica di Markowitz (1952), modello uniperiodale in cui il rendimento atteso di un portafoglio (così come di una qualunque attività) è definito dalla media della distribuzione dei rendimenti a scadenza dello stesso, ed il rischio è misurato dalla loro varianza. L'evoluzione della teoria del portafoglio e i numerosi contributi provenienti dalla letteratura (non solamente dalle discipline strettamente legate alla finanza dei mercati) hanno messo tuttavia in discussione il concetto di rischio "simmetrico" espresso dalla varianza, che considera alla pari sia i "pericoli" associati ad un investimento, che le "opportunità" che ne derivano. Sulla base del concetto di "downside risk", strettamente legato alla parte negativa di una distribuzione dei rendimenti, e di maggior intensità emotiva per gli investitori come dimostrato nella teoria del prospetto di Kahnemann e Tversky (1979), si sono proposte misure di rischio specifiche, tese a catturare taluni aspetti associati, ed utilizzabili anche in problemi di ottimizzazione (Chekhlov et al., 2003; Karatzas e Shreve, 1997; Magon-Ismail et al., 2004; Pritsker, 1997; Lucas e Klaasen, 1998). Per la verifica ex-post dell'efficienza dei portafogli attraverso l'analisi delle serie storiche vengono inoltre utilizzati particolari indicatori, detti di risk-adjusted performance (Sharpe, 1966; Treynor, 1965; Sortino e Price, 1994; Jensen, 1969; Modigliani, 1997; Keating e Shadwick, 2002), che sintetizzano in un unico indice una misura di rendimento ed una di rischiosità. Tali misure sono utilizzate in particolar modo nella valutazione dei fondi comuni (Caparrelli e Camerini, 2004; CFS Rating, 2009; Lipper, 2009) ed in generale delle gestioni patrimoniali, e si differenziano l'una dall'altra in particolare per la misura di rischio considerata (Eling e Schuhmacher, 2007; Pedersen e Rudholm-Alfvin, 2003). In generale, ci si aspetta che un qualunque indice di risk-adjusted performance, calcolato per qualunque coppia di portafogli distinti, assuma un valore maggiore per quello che tra i due risulta preferibile. Il modello di Markowitz, oltre che sul concetto di rischio "simmetrico", si fonda su alcune rilevanti semplificazioni del problema come quella che gli investitori non sostengono dei costi nel momento in cui essi debbono concludere le transazioni di acquisto e di vendita delle attività incluse nel portafoglio. Nel problema specifico introdotto in questa ricerca, la presenza dei costi di transazione di vario genere (Capitolo 5) può influire negativamente sull'efficienza gestionale del portafoglio, producendo effetti indesiderati e determinando la potenziale irrazionalità delle soluzioni. In particolare, all'investimento in ETF si devono associare i costi di negoziazione degli ordini (nella pratica spesso variabili con dei limiti minimi e massimi) e gli spread denaro/lettera (costi lineari rispetto al controvalore negoziato), che come per tutti i titoli quotati variano sia nello "spazio" (da ETF ad ETF) che nel "tempo" (in funzione soprattutto della volatilità degli indici sottostanti). Il problema si complica ulteriormente (Maringer, 2005) con l'introduzione di alcuni vincoli, per esempio sulla cardinalità e sulla composizione del portafoglio, tesi primariamente a riflettere le esigenze specifiche dell'investitore. A questo punto l'ottimizzazione del portafoglio non può essere risolta dalle tecniche tradizionali (basate ad esempio sull'MPT di Markowitz), ed è necessario ricorrere a metodi alternativi (Maringer, 2005; Scherer e Martin, 2005; Satchell e Scowcroft, 2003). Nel corso degli ultimi decenni si sono sviluppate ed hanno assunto sempre maggior rilevanza le tecniche di ottimizzazione euristica, metodi di ricerca (con scopi generali) che derivano le soluzioni ricercando iterativamente e testando le soluzioni migliorate, finché non viene soddisfatto un determinato criterio di convergenza. Gli algoritmi di ottimizzazione euristica si differenziano per una determinata serie di aspetti (Maringer, 2005; Silver, 2002; Winker e Gilli, 2004), ma un tratto comune frequentemente riscontrato è che essi traggono ispirazione da processi riscontrabili in natura, legati ad esempio alla fisica ed alla biologia (in particolare all'evoluzione degli esseri viventi, oppure al comportamento di gruppi di animali alla ricerca di nutrizione). In questa tesi si è scelto di fare particolare riferimento al metodo Particle Swarm Optimization (Kennedy ed Eberhart, 1995; Hernandez et al., 2007; Brits et al., 2002), tecnica basata sulle popolazioni largamente utilizzata, che si ispira al comportamento degli stormi di uccelli o dei banchi di pesci. Questi gruppi di animali rappresentano organizzazioni sociali il cui comportamento complessivo si fonda su una sorta di comunicazione e di cooperazione tra i propri membri. La scelta del PSO è stata effettuata anche in base al fatto che in letteratura l'applicazione di questa tecnica ai problemi di ottimizzazione del portafoglio è limitata a pochi contributi di recente divulgazione (Fischer e Roerhl, 2005; Kendall e Su, 2005; Thomaidis et al., 2008; Cura, 2009), pur essendo stata applicata con successo ad una serie di problemi finanziari (Gao et al., 2006; Nemortaite, 2007; Nemortaite et al., 2004; 2005) Sulla base delle considerazioni espresse finora e nell'obiettivo principale di verificare la concreta possibilità di sviluppo di un metodo efficace e coerente di ottimizzazione di portafogli di ETF, specifico per l'attività di consulenza indipendente, si è proceduto (Capitolo 6) adattando un algoritmo euristico basato sul Particle Swarm (Kaucic, 2010), con l'introduzione di: - Vincoli di cardinalità (minima e massima) del portafoglio e di peso (minimo e massimo) definiti per ciascun asset (generalizzando gli approcci di Gilli et al., 2006; Cura, 2009); - Una soglia di downside risk definita da una misura di Value-at-Risk coerente con l'orizzonte temporale di investimento, per rappresentare i vincoli di capacità ed attitudine al rischio (direttiva MiFID, UNI ISO, 2009); - Funzione obiettivo basata sulla massimizzazione di una misura di risk-adjusted performance basata sull'Expected Shortfall (similmente a Krink e Paterlini, 2009; in parte anche a Bertelli e Linguanti, 2008); - Considerazione di tutti i costi di transazione legati all'investimento in ETF (costi fissi e costi proporzionali diversi per ogni asset), adattando l'approccio di (Maringer, 2005; Scherer e Martin, 2005). I test si sono eseguiti con l'utilizzo di serie storiche e parametri realistici (incluse le statistiche sui bid/ask spread pubblicate da Borsa Italiana ed i TER minimi riscontrabili sul mercato) riferiti ad 89 ETF effettivamente negoziabili sul segmento di Borsa dedicato, con l'obiettivo di valutare: - la coerenza delle soluzioni rispetto alle condizioni poste; - l'impatto dei costi di transazione ed il trade-off con la frequenza di revisione del portafoglio; - la performance ex-post corretta per il rischio (in particolar modo al confronto di investimenti alternativi); - l'applicabilità a portafogli di dimensioni ridotte e con vincoli stringenti; - la coerenza rispetto alla soglia di rischiosità e all'orizzonte temporale definiti. Nel primo test si è simulata la gestione di un portafoglio di € 100.000 nel periodo di tre anni tra dicembre 2006 e dicembre 2009 per un investitore con elevata propensione al rischio ed orizzonte temporale pari al termine del periodo di gestione, restringendo la cardinalità del portafoglio ad un minimo di 5 ed un massimo di 10 asset. La strategia prevedeva una revisione mensile con progressiva riduzione sia della tolleranza al rischio che dell'orizzonte temporale dell'investimento. All'approssimarsi della "scadenza" dell'investimento l'algoritmo di ottimizzazione, in modo coerente rispetto alle ipotesi, ha privilegiato maggiormente gli ETF di tipo obbligazionario ed ha man mano ridotto le attività di effettivo intervento (negoziazione di titoli) per via della conseguente maggiore incidenza dei costi di transazione sui rendimenti attesi. Ciononostante, la performance ex-post della strategia è risultata non soddisfacente, primariamente a causa di un elevato expense ratio annuo (ulteriore rispetto ai TER degli ETF selezionati), superiore al 4% (oltre il 6,5% solo nel primo anno), dovuto all'elevata frequenza di revisione. Il test è stato ricondotto una seconda volta riducendo la frequenza di revisione a trimestrale, con conseguente riduzione dell'expense ratio di circa il 2,5% annuo. Il trade-off tra periodicità di revisione e costi di transazione ha migliorato in questo caso la performance ex-post ad eccezione dei momenti di particolare "turbolenza" dei mercati, quando cioè i benefici della revisione del portafoglio risultano con maggiore probabilità superiori ai costi che ne derivano. Sulla base delle stesse ipotesi, nella strategia si è introdotta pertanto un'ulteriore variante basata su un indice di volatilità implicita, ai fini di intensificare la revisione del portafoglio nei periodi di maggior "stress" dei mercati, riducendo nel contempo la soglia di rischio accettabile. La strategia così modificata si è rivelata in questo caso preferibile anche nei momenti di accentuata volatilità, migliorando ulteriormente la performance a termine di quasi 6 punti percentuali. Risultati migliori si sono riscontrati riducendo ulteriormente la frequenza di revisione programmata, mantenendo nel contempo il meccanismo di "controllo" introdotto in precedenza (nel tentativo cioè di limitare gli interventi al necessario). Per rendere inoltre comparabile la strategia proposta con altre alternative di investimento (quali ETF basati su indici globali e l'indice Fideuram della media dei fondi comuni italiani azionari) si è infine condotto nuovamente il test sulla base delle ipotesi precedenti, ad eccezione di quelle riguardanti orizzonte temporale e livello di rischio tollerato, mantenute costanti per tutto il periodo di osservazione, peraltro ampliato a 4,5 anni (giugno 2005-dicembre 2009). Dal punto di vista della performance, il test produce un extra-rendimento netto medio annuo dell'1% rispetto all'ETF MSCI World e del 3,2% rispetto alla media dei fondi azionari. La volatilità annualizzata, inoltre, risulta notevolmente inferiore a quella dell'ETF azionario globale, ed inferiore, seppur di poco, a quella della media dei fondi. Gli indicatori di downside risk confermano nel complesso la minore rischiosità attribuibile alla strategia proposta, con risultati notevoli soprattutto in termini di Maximum Drawdown e di VaR 95% a 1 e a 10 giorni. Considerando il sottoperiodo di due anni tra il dicembre 2005 ed il dicembre 2007 al fine di garantire un'opportunità di confronto per indici classici di risk-adjusted performance (altrimenti impossibile per via degli extra-rendimenti negativi rispetto al free-risk), la strategia risulta ex-post preferibile (secondo l'indice di Sharpe) a quella di 77 alternative (ETF e media dei fondi) ma inferiore rispetto a quella di altri 13 ETF, risultando perciò non efficiente in senso "classico". Nella seconda serie di test la strategia proposta ha confermato i risultati soddisfacenti rispetto ai fondi comuni pur riducendo la ricchezza del portafoglio iniziale e limitando l'universo degli asset investibili così come la cardinalità di portafoglio. Infine, nella terza serie di test si è mantenuto stabile l'istante temporale dell'ottimizzazione, facendo variare nel contempo orizzonte temporale e soglia di rischiosità tollerata. Il risultato delle 28 elaborazioni, valutato in termini di asset allocation (ed in particolare del peso ottimo della componente obbligazionaria suggerito dall'algoritmo) mostra la coerenza dell'output rispetto alle condizioni iniziali fissate per ipotesi, considerata anche alla luce dei vincoli imposti. In definitiva, i risultati dei test empirici appaiono soddisfacenti, con la dovuta cautela, e pur rimandando a futuri approfondimenti l'analisi particolareggiata di taluni aspetti, si è osservato che: - L'algoritmo ha prodotto risultati coerenti con le ipotesi assunte, in particolare per quanto attiene alle soglie di tolleranza al rischio e all'orizzonte dell'investimento; - Le strategie formulate hanno prodotto delle performance ex-post elevate in termini di rischio/rendimento rispetto ad investimenti alternativi comparabili (nonostante non si siano introdotte particolari metodologie di previsione per le serie storiche); - Il risultato precedente è confermato anche in presenza di portafogli di dimensioni ridotte, con vincoli particolarmente ristretti sulla cardinalità del portafoglio e con ridotti interventi di riallocazione delle risorse. Il processo di formulazione delle ipotesi, ed in particolare dei parametri relativi ai vincoli, risulta facilmente adattabile alle esigenze specifiche del processo di consulenza. In generale, l'impostazione soddisfa da un lato i requisiti normativi individuati dal Regolamento Consob in tema di consulenza in materia di investimenti, nonché l'approccio proposto dagli standard di qualità, e si colloca facilmente nella fase di definizione tecnica del piano (di cui il consulente è responsabile). L'applicazione degli strumenti richiede in ogni caso la massima sensibilità ed expertise da parte del consulente stesso nell'adattare i parametri del problema alle diverse fattispecie. La congruenza della parte tecnica con il servizio di consulenza finanziaria si fonda anche sulle caratteristiche di: - Ridotta complessità delle attività di negoziazione titoli e di gestione del portafoglio che le strategie proposte implicano; - Vasta accessibilità degli asset considerati; - Scalabilità ed adattabilità delle soluzioni anche nei casi di portafogli di minori dimensioni; - Corretta e completa considerazione dei costi di negoziazione. Se gli opportuni approfondimenti e verifiche confermeranno i risultati empirici ottenuti nella presente ricerca, l'impianto potrà essere ulteriormente sviluppato e migliorato per esempio attraverso: - l'implementazione di un solido ed efficace metodo di previsioni sulle serie storiche; - l'introduzione di elementi di stress testing (ad esempio su variazioni nella correlazione tra gli asset); - l'introduzione di ulteriori vincoli per permettere di introdurre alcuni elementi di formulazione a priori dell'asset allocation strategica desiderata (approccio top-down); - la considerazione di attività finanziarie diverse dagli ETF, sia per perfezionare i rendimenti della parte "non rischiosa" che gli aspetti di natura fiscale, legati in particolar modo alla gestione del credito d'imposta. ; XXII Ciclo ; 1979
My submission (How effectively has the law since 1997 ensured a 'work life balance' for workers with family responsibilities? Answer this question with reference to the relevant statutory materials, case law, legal commentary and social science literature) is essentially about how the law in the UK can be used to help those within the workforce achieve an effective work-life balance, meaning they have ample time and energy to focus on their professional responsibilities as well as their family life and leisure time. This article outlines that despite an apparent long-standing commitment by successive governments to tackle this issue, the legal framework created has largely failed to ensure people have an effective work-life balance. This is especially true for migrant workers who are often exploited within the UK workforce, as well as women, who arguably are not effectively protected by this area of law after pregnancy/early maternity and increasingly are having to find ways to cope with the dual burden of paid work and childcare/homemaking responsibilities. This submission also considers how this area of law has been impacted by the coronavirus pandemic as well as Brexit, both of which have created new challenges and exacerbated existing ones. - Consider these two quotations from UK government White Papers/Consultation documents: "Helping employees to combine work and family life satisfactorily is good not only for parents and children but also for businesses". (Fairness at Work, White Paper, May 1998, para 5). "The proposals in this document will bring benefits for employers as well as employees, by increasing participation in the labour market while also helping people to balance work with their family and personal responsibilities". (Consultation on modern workplaces, May 2011). How effectively has the law since 1997 ensured a 'work life balance' for workers with family responsibilities? Answer this question with reference to the relevant statutory materials, case law, legal commentary and social science literature. Much like the other areas of labour and employment law, the legal framework used to help those in the labour market achieve an effective 'work life balance' has had to adapt to new challenges in society, which has in turn affected the realities of the UK workforce.[1] Primarily, this issue has become increasingly more prevalent since the latter half of the 20th century because of societal and legal changes that have meant the traditional model of a male breadwinner and female homemaker has become increasingly unrepresentative of the UK labour market.[2] The quotations contained in this essay question, although from different UK governments, suggest a firm and longstanding commitment to ensuring employees with familial responsibilities can use the law to achieve an effective work life balance. This essay will discuss and evaluate the various reasons for this commitment. However, it is arguable that since 1997 successive governments have failed to effectively tackle the UK's long working hours 'culture', as well as the ineffective legal framework that seeks to help achieve an effective work life balance.[3] This essay recognises the fact that there have been some positive advancements since 1997 in the statutory entitlements employees have (or can obtain) that afford them greater flexibility at work in order that they can also fulfil their familial responsibilities.[4] Examples discussed later include the introduction of shared parental leave and the laws protecting and promoting the rights of women during pregnancy and early maternity.[5] However, this essay will seek to show how these positive policies have had a limited overall effect in terms of achieving an effective work life balance, especially for women and immigrants participating in the UK workforce.[6] This will involve a statistics-based criticism, employ case law and a feminist theoretical perspective, as well as give general ideas and propositions as to how the law needs to go further to achieve its aims. I will argue that the law is currently tempered too much by fears of damaging businesses or the UK economy as a whole. Furthermore, the impact of coronavirus will be considered, specifically how new problems have emerged and existing issues have been exacerbated.[7] The Development of the Law Concerning Work Life Balance Since 1997: Changes and Problems Although this essay is primarily concerned with the impact of the legal framework developed since 1997, there are some important contextual developments that occurred before this and are worth mentioning. Throughout the 20th century, the UK labour market moved from a laissez faire model to one characterised by increased regulation. This was controversial and different governments varied in their commitment to pursuing greater order in the labour market using the law.[8] This trajectory was reversed in the 1970s and afterwards, wherein the Thatcher government (influenced significantly by the ideas of neoliberalism)[9] pursued policies of de-regulation and privatisation. Moreover, from 1975 until 2020 the legislature of the UK was required to effectively implement EEC/EC/EU law and directives, which has had a profound impact on the labour market.[10] Furthermore, as previously mentioned the advent of feminism meant that more women than ever were entering (or re-entering) the workforce after having children, whereas before they would have been homemakers.[11] In terms of the narrative of legal development this essay's starting point is the introduction of the 'New Labour' government in 1997, led by Tony Blair. This government helped to produce the Fairness at Work white paper, Chapter 5 of which contained a number of 'family friendly policies' aimed at ensuring a more effective work life balance for those with families.[12] The New Labour government had a few reasons behind the implementation of such policies, but primarily they were utilised to increase competitiveness in the market to ensure its prosperity[13] and to implement the 1996 EC Parental Leave Directive.[14] This directive had ambitious aims that even with the margin of appreciation would have been hard for the UK, with its long working hours culture, to achieve. These aims included promoting equal opportunities; flexible working; greater women's involvement in the labour market and; men taking an equal share of the responsibilities associated with family life.[15] Subsequently, Conservative led governments that published the Consultation on Modern Workplaces[16] and Good Work: A Response to the Taylor Review of Modern Working Practices[17] were also driven by rationales based on economic prosperity. It was thought that this would increase productivity, worker loyalty, the quality of work and reduce the costs associated with high employee turnover.[18] The culmination of this narrative, i.e., the current legal framework governing the work life balance people in the UK labour market can achieve, covers a wide range of situations and involves many protected rights. Yet, despite this scope it also has many failings, primarily because it is fragmented and lacks a unified approach. The focus of this area of law on using skilled workers to diversify and increase competitiveness within the market means that often those working in more flexible or atypical employment are denied some of these rights and protections.[19] For example, most women require some level of maternity pay to be able to afford to take maternity leave, yet to qualify for it there must have been 26 weeks of continuous employment before the expected week of childbirth as well as a paycheck of at least £116 a week. So, for women without provisions for maternity pay within contracts and who earn less than this because they are employed on a temporary basis, work in the gig economy or other types of atypical work, statutory maternity pay is unobtainable.[20] Evidence from the Office for National Statistics found that 55% of the people working on zero-hour contracts (one example of atypical work) were women in its report Contracts That Do Not Guarantee a Minimum Number of Hours, which is even more significant because women make up only 46.8% of those employed not on zero hours contracts.[21] By contrast, 87% of men are in full time work.[22] This means that women who are entitled to statutory maternity leave under the Maternity and Parental Leave Regulations 1999 are not always able to take it because the law fails to provide them with an adequate way of surviving financially: the only other option is a very low level of maternity allowance from the government.[23] Additionally, there are many scholars who argue that flexible working for women with family responsibilities is the way forward, yet the right to request this also requires continuous employment of at least twenty-six weeks.[24] Arguably, this is a cyclical issue: more women are in atypical work because it allows the flexibility to fulfil private domestic obligations, but these women lack statutory and contractual protections and so cannot achieve the same type of flexibility in full time, permanent employment which in turn excludes them from fully participating in the labour market.[25] Additionally, the non-profit organisation Trust for London found that migrants were more likely to work "during night shifts and in non-permanent jobs".[26] This means that similarly migrant women who are in types of atypical work, such as zero-hour contract hospitality jobs (which is very common for this demographic), cannot claim maternity pay and cannot have help at home from their husbands who cannot get paternity leave under the Paternity and Adoption Leave Regulations 2002 because this also requires 26 weeks of continuous employment.[27] Of course, because of the numerous, inflexible requirements needed for shared parental leave to be available under the current law this is also not a viable option for immigrant families or women in low skilled or low paid areas of work that are atypical in nature.[28] All of this demonstrates that the law has little interest in human rights or equality as a justification for an effective work life balance, and that this economic focus has resulted in a legal framework that ignores the problems and experiences of these key demographics that make up a significant amount of the population who have both work and family commitments. It will only go so far as not to damage the competitiveness or prosperity of the economy.[29] Furthermore, if those working part time in the labour market or in atypical work wanted to make an application based on the Part Time Workers (Prevention of Less Favourable Treatment) Regulation 2000 because they were being excluded from such rights, they would have to use their own resources and time to make a complaint to the Employment Tribunal. Arguably, this is not a particularly effective form of remediation as it only offers compensation for losses incurred because of this "less favourable treatment" and hear that the employer has been recommended to stop this action.[30] The Impact of EU Law The law concerning work life balance has been significantly impacted by EU law both before and after 1997. Unlike the mainly economic rationales behind the UK law, the EU acknowledges these benefits whilst also having a focus on social equality, equality of opportunity between men and women, the socioeconomic rights of individuals as well as dismantling harmful societally imposed gender roles.[31] This was evidenced clearly by the ambitious Parental Leave Directive.[32] It has influenced both the legal framework of rights concerning workers and employees with family responsibilities as well as UK equality law, as the UK legislature and judiciary is obliged to implement the aims of these directives using domestic law (albeit with a margin of appreciation).[33] However, academic Nicole Busby in her article 'The Evolution of Gender Equality and Related Employment Policies: The Case of Work-Family Reconciliation'[34] has argued that the focuses of the EU are conflicting, "parallel and incoherent".[35] The dual focus of both on improving the market as a whole by using policies to allow more people to be involved and using the law to equalise equality between men and women has resulted in "a patchwork of provisions rather than an overarching framework".[36] This argument is an interesting one that definitely has its merits, especially the characterisation of familial responsibilities as a form of unpaid work because of its significant contribution to society - it re-frames the way these two goals are thought of.[37] Busby argues that this approach means the EU "subordinates gender equality to economic objectives".[38] Additionally, Busby makes agreeable statements about how EU law and the Court of Justice has failed to promote the rights and roles of men in the domestic setting.[39] However, she arguably fails to account for the numerous and ambitious advancements in work life balance law that has been facilitated in the UK by the EU. The examples of directives that have, even in a de jure way, protected women in the UK workforce from discrimination on the basis of pregnancy or maternity and helped to facilitate a more gender-neutral approach to governing parenting responsibilities. For example, section 18(2) of the Equality Act 2010 which protects women from discrimination or dismissal on the basis of pregnancy or related sickness was influenced by the need to implement the Pregnant Workers Directive[40] and the Equal Treatment Directive,[41] which formalised the previous case ruling of Webb v EMO Air Cargo (UK) Ltd by removing the need for a male comparison in cases of discrimination.[42] The Pregnant Workers Directive also influenced the introduction of statutory maternity pay and the Equal Treatment Directive ensures a woman has a right to return to work after maternity leave.[43] However, it is important not to overstate the influence or importance of EU law, especially because of the fact that the UK is due to leave the EU imminently. There is significant statistical evidence that EU law and UK equality law fails to tackle more "surreptitious" forms of discrimination against pregnant women.[44] The Equality and Human Rights Commission found in its report Pregnancy and Maternity Discrimination and Disadvantage: Summary of Key Findings found that ¾ of mothers surveyed said they had a negative/discriminatory experience during pregnancy and maternity leave, 20% said they experiences harassment or negative comments because of pregnancy or flexible working and 11% felt forced to leave their jobs.[45] On the side of employers, 84% said it was in their interests to support pregnant women yet 70% also felt women should declare upfront if they were pregnant and 27% felt the cost of maternity leave put an unreasonable burden on them.[46] Despite this widespread discrimination, only around 1% of claims are brought.[47] This demonstrates how the de facto reality is that both EU and UK law fails to protect women from discrimination due to pregnancy, and remedies for this are few and far between because (like many other aspects of this area of law) there is poor take up of such rights. Furthermore, in 2019 the EU introduced the Directive on Work-Life Balance For Parents and Carers which aims to do everything the current UK legal framework has failed to do: increase the participation of women in the workforce, increase the de facto use of family related leave and flexible working arrangements.[48] This would be incredibly influential in UK law, especially in terms of strengthening paternity rights and moving towards normalising men taking a more active role in familial responsibilities.[49] However, because of Brexit and the fact the transition period will not be extended again, the UK would have to choose to implement this directive,[50] and perhaps they will in the form of the Good Work Plan, which would have various implications in and of itself.[51] The Good Work Plan – Gender Norms and the Legal Framework Beyond Pregnancy and Birth In 2018, the UK government produced the Good Work Plan: Proposals to Support Families,[52] which was responding to the earlier Taylor Review and reiterated the same economic benefits that would be had from helping individuals to achieve a better work life balance.[53] There are definitely benefits to the approach that would be adopted. Recommendation 41 recognises that pregnancy and maternity discrimination remain a problem, and that an inherent cultural shift is needed to change this that the law should support and facilitate.[54] Overall, the idea of a "balance between flexibility and worker protections" sounds positive.[55] Arguably one of the most positive aspects of the Good Work Plan is that it recognises how the rights of atypical workers are often subverted under the current law and the fact that this needs to change. However, the reality is that the EU directive would have gone further because the UK still lacks a fundamental concern for a regulatory framework that is genuinely concerned with the rights of workers and not just the economic benefits of having more women in the workforce. Additionally, it does not directly relate the current law concerning pregnancy/maternity discrimination and an effective work life balance with the subversion of atypical worker's rights, which would be a significant step forward in and of itself.[56] Furthermore, the Trades Union Congress (TUC) has essentially argued that the Good Work Plan does not go far enough.[57] They point out that the reality is that the current legal framework reinforces harmful gender norms that continues to reproduce patriarchal ideas regarding gender roles. They quote an article by Helen Norman ('Does Paternal Involvement in Childcare Influence Mother's Employment Trajectories During the Early Stages of Parenthood in the UK?' which essentially found that "mothers with preschool children are twice as likely to return to employment at nine months and at three years' post-childbirth if the father is involved by sharing or doing the most childcare at these times".[58] This area of law simply does not want to concern itself with supporting mothers in the workforce, which is yet again one of its primary downfalls. This is significant in terms of establishing one of the least talked about but most problematic aspects of the current law concerning work life balance: it has a significant number of statutory rights and protections for during pregnancy and immediately after birth but fails to provide long term support for mothers.[59] This is because the law refuses to tackle the bigger issue of gendered norms in society that would allow women to be more active in the labour market and normalise men taking a more active role in the domestic sphere of life.[60] Shared Parental Leave and the Feminist Perspective Another important and influential source of criticism of the system governing work-life balance is the feminist perspective on how women are disproportionately affected and pushed out of the labour market as a result.[61] Primarily, feminist scholars of sociology argue that women, far from being freed from the oppressive nature of gender norms in society, now have a dual burden.[62] This is because the law concerning work life balance has failed to tackle these gender norms, which means the unpaid labour burdens of the domestic sphere and childcare is still disproportionately placed on women rather than men; women have the burden of paid work as well as those roles "associated with femininity and motherhood".[63] This is because, as this essay has previously mentioned, the law concerning work life balance in both the UK and Europe has failed in substantially tackling these gender norms despite the fact societal changes have significantly decreased the relevance of the male breadwinner and female homemaker model.[64] Moreover, there are feminist scholars who argue that women have poorer long term career prospects because they need to be in part time/atypical employment to manage their familial responsibilities because the law has not created an effective system where they would be able to do this in full time employment.[65] This is another way in which the law concerning work life balance fails to support mothers in a long-term sense beyond pregnancy and its immediate aftermath. However, there has been some argument amongst legal scholars and officials about whether such arguments have been abated by the introduction of Shared Parental Leave in 2014. This new regulation, in theory, "makes it possible for partners to share the entitlement to maternity leave and maternity pay between them".[66] As Grace James put it in her article 'Family-friendly Employment Laws (Re)assessed: The Potential of Care Ethics' this has been added to the existing framework of rights for working parents and reiterates a commitment by the law to dismantling the gender norms that are keeping women from effectively and substantially engaging with the labour market.[67] Despite this, Grace James is right when she points out that this "package of rights" (including shared parental leave) is fundamentally flawed.[68] Firstly, this shared parental leave package fails to deal with the continued discrimination against pregnant women and mothers that statistically feel pushed out of the labour market.[69] Furthermore, the refusal by the law on work life balance to place too much of a financial burden on the employers means that only a small proportion of the workforce are even eligible for this.[70] Both parents must be employees and pass the relevant statutory and common law requirements to be categorised as such, i.e., they must have a contract of employment under s.230 of the Employment Rights Act 1996, be able to satisfy the control test;[71] have their activity be an integral part of the business;[72] as well as the tests of economic reality;[73] mutuality of obligations and;[74] continuity of employment. Beyond these already numerous requirements, both parents also must have earnt at least £390 in thirteen out of the sixty-six weeks of employment.[75] Additionally, as couples are likely to work for different employers there is a great deal of organisational effort that goes into organising shared parental leave.[76] Again, this means that those working in atypical work are automatically not covered by such provisions. Furthermore, the slow uptake on this due to the law's failure to tackle traditional gender roles in society effectively enough has severely limited the de facto effectiveness of shared parental leave in dealing with the problems facing people with work and family responsibilities in the UK.[77] Moreover, this article offers an interesting contextual background about how remedies for people whose employers deny them such rights are limited because of cuts in "legal aid funding and the closure of many legal advice centres".[78] Arguably, this helps us understand how developments outside of the immediate legal framework also affect work life balance in a significant way which need to be remedied in the future if it is to be effective. Jamie Atkinson offers an interesting perspective on shared parental leave in their article 'Shared Parental Leave in the UK: Can it Advance Gender Equality by Changing Fathers into Co-Parents?' by comparing it with similar policies in Nordic countries that have much higher levels of gender equality.[79] To summarise, she argues that generous levels of compensation to parents, flexibility about how the leave is taken, wide reaching eligibility requirements and "other incentives to get the father to take leave" are the most important elements in ensuring the success of such policies (which she measures by the amount of people who make use of it).[80] Although she rightly identifies that these Nordic countries are also not perfect, it provides an interesting perspective for how shared parental leave in the UK can improve on itself to further gender equality.[81] Impact of Coronavirus: Problems Old and New The feminist narrative of women being disproportionately affected by poor regulation of work-life balance in the UK has only been strengthened by the impact of coronavirus.[82] Within the private sphere of unpaid work, women are already doing the majority of this work and school closures combined with millions of people working from home has meant this burden has only grown.[83] In her article 'The COVID-19 Pandemic has Increased the Care Burden on Women and Families', Kate Power cites a statistic that 41% of women currently inactive in the UK labour market are so because of their unpaid care responsibilities.[84] It is very unlikely that the law will recognise this problem or endeavour to solve it, because it is occurring in the private sphere.[85] These are the problems that coronavirus has exacerbated. Additionally, the coronavirus pandemic has created new issues in the UK workforce because many people, most notably women and immigrants in atypical work, have lost their jobs due to the economic downturn and the law has failed to recognise that the issues facing men and women during this pandemic are different in many ways.[86] Women are more likely to be frontline healthcare workers, which additionally will have only increased their already substantial burden in terms of balancing professional work and private life responsibilities.[87] Furthermore, immigrant women (who like all other women are bearing a lot of the economic brunt of this crisis) because of the "'no recourse to public funds' condition stamped on many non-EU visas".[88] Additionally, undocumented women face even more issues because they are fearful of making use of social security or NHS services.[89] The response from the UK government in terms of labour law has failed to account for these differences. Furthermore, arguably this is more evidence of how the law is unconcerned with assisting women beyond pregnancy and childbirth because it demonstrates their unwillingness to get too over involved with the private sphere of life that would bring about a significant change in terms of the position of women within society. Conclusion This essay has demonstrated how UK law since 1997 has failed to ensure an effective work-life balance for those with familial responsibilities, an issue that has disproportionately affected women, as well as immigrants in the labour market. Additionally, it has shown that feminist perspectives are extremely useful in helping us to understand how women are still excluded from the UK workforce because the law refuses to go far enough to tackle harmful gender roles within society.[90] This is because the law is purely concerned with increasing competitiveness in the market and benefiting the economy and so ignores concerns about equality and human rights that EU law has adopted in its own rationales.[91] Women and immigrants in atypical or part time work are therefore often excluded from such benefits and arguably the Good Work Plan does not go far enough in the future to deal with these issues in the same way that perhaps the Directive on Work-Life Balance For Parents and Carers could if Brexit was not happening.[92] Furthermore, whilst the government response to coronavirus has been much more regulatory and helpful than predictions suggested, it has ignored the fact that women and men are experiencing different adverse effects because of the pandemic and worsened the dual burden women have to bear of paid and unpaid responsibilities.[93] [1] Hugh Collins, K.D. Ewing, Aileen McColgan, Labour Law (2nd edition, Cambridge University Press 2019) 398. [2] ibid. [3] Chris Kerridge, 'How can we overcome the UK's long working hours culture?' (People Management, 8 November 2019) accessed 15 November 2020. [4] Collins (n 1), 399. [5] Grace James, 'Family-friendly Employment Laws (Re)assessed: The Potential of Care Ethics' [2016] Industrial Law Journal 45(4), 477. [6] Sarah Dyer, 'Migrant work, precarious work-life balance: what the experience of migrant workers in the service sector in Greater London tells us about the adult worker model' [2011] Gender, Place and Culture; A Journal of Feminist Geography' 18. [7] Kate Power, 'The COVID-19 pandemic has increased the care burden of women and families' [2020] Sustainability: Science, Practice and Policy 16(1), 69. [8] Collins (n 1), 9. [9] Jamie Robertson, 'How the Big Bang changed the city of London for ever' (BBC News, 26 October 2016) accessed 5 December 2020. [10] Maria Koumenta and others, 'Occupational Regulation in the EU and UK: Prevalence and Labour Market Impacts' (Department for Business, Innovation and Skills Final Report, July 2014) accessed 30 November 2020. [11] Pat Hudson, 'Women's Work' (BBC History, 29 March 2013) accessed 25 November 2020. [12] Board of Trade, Fairness at Work (White Paper, Cm 3968, 1998). [13] ibid. [14] [1996] 96/34/EC. [15] ibid. [16] Department for Business, Innovation and Skills, Consultation on modern workplaces (Consultation, first published 16 May 2011). [17] HM Government, Good Work: A response to the Taylor Review of Modern Working Practices (Department for Business, Energy and Industrial Strategy and Employment Agency Standards Inspectorate, 2018). [18] Matthew Taylor, The Taylor Review of Modern Working Practices (Independent Review, Department for Business, Energy and Industrial Strategy, 2017). [19] Conor D'Arcy, Fahmida Rahman, 'Atypical Approaches; Options to Secure Workers with Insecure Income' (Resolution Foundation, January 2019). [20] Collins (n 1), 406. [21] Contracts That Do Not Guarantee a Minimum Number of Hours (Office for National Statistics, 23 April 2018) accessed 30 November 2020. [22] Trades Union Congress, Good Work Plan: Proposals to Better Support Families; TUC Responds to BEIS Consultation' (Consultation Response, 13 December 2019) accessed 7 December 2020. [23] Collins (n 1), 406. [24] Employment Rights Act 1996, section 80(G)(1). [25] Trades Union Congress, Good Work Plan: Proposals to Better Support Families; TUC Responds to BEIS Consultation' (Consultation Response, 13 December 2019) accessed 7 December 2020. [26] Mariña Fernández-Reino, 'Migrants in the UK Labour Market: An Overview' (Trust for London, 17 July 2017) accessed 4 December 2020. [27] Steve French, 'Between Globalisation and Brexit: Migration, Pay and the Road to Modern Slavery in the UK Hospitality Industry' [2018] Research in Hospitality Management 8(1). [28] Shared Parental Leave Regulations 2014. [29] Joanne Conaghan, Kerry Rittich, Labour Law, Work and Family: Critical and Comparative Perspectives (Oxford University Press 2005). [30] Collins (n 1), 425. [31] Nicole Busby, 'The evolution of gender equality and related employment policies: The case of work– family reconciliation' [2018] International Journal of Discrimination and the Law 18(2),105. [32] 96/34/EC. [33] Busby (n 33), 106. [34] ibid. [35] ibid at 105. [36] ibid. [37] ibid at 106. [38] ibid at 120. [39] ibid at 112. [40] 92/85. [41] 2006/54/EC. [42] C-32/93. [43] Collins (n 1), 407. [44] ibid at 404. [45] Lorna Adams and others, Pregnancy and Maternity Discrimination and Disadvantage: Summary of Key Findings (Equality and Human Rights Commission, Department for Innovation, Business and Skills, 2016). [46] ibid. [47] Amelia Gentleman, 'Pregnant? Wait Till the Boss Hears' (The Guardian, 23 June 2011) accessed 1 December 2020. [48] 2019/1158. [49] Rachel Crasnow, Chesca Lord, 'Will the New Radical Work-Life Balance Directive Help UK Parents and Carers? (Cloisters – Employment, 25 June 2019) accessed 5 December 2020. [50] ibid. [51] Department for Business, Energy and Industrial Strategy, 'The Good Work Plan' (Policy Paper, 17 December 2018) accessed 15 December 2020. [52] ibid. [53] Taylor (n 18). [54] Department for Business, Energy and Industrial Strategy, 'The Good Work Plan' (Policy Paper, 17 December 2018) accessed 15 December 2020. [55] ibid. [56] Trades Union Congress, Good Work Plan: Proposals to Better Support Families; TUC Responds to BEIS Consultation' (Consultation Response, 13 December 2019) accessed 7 December 2020. [57] ibid. [58] Helen Norman, 'Does Paternal Involvement in Childcare Influence Mother's Employment Trajectories During the Early Stages of Parenthood in the UK' [2019] British Sociological Association 54(2). [59] James (n 5), 480. [60] ibid. [61] Emily Grabham, 'The Strange Temporalities of Work-Life Balance Law' [2014] feminists@law 4(1). [62] Gaëlle Farrant, Luca Maria Pesando, Keiko Nowacka, 'Unpaid Care Work: The Missing Link in the Analysis of Gender Gaps in Labour Outcomes' (OECD Development Centre, 2014) accessed 2 December 2020. [63] ibid. [64] Mick Cunningham, 'Changing Attitudes toward the Male Breadwinner, Female Homemaker Family Model: Influences of Women's Employment and Education over the Lifecourse' [2008] Social Forces 87(1). [65] Collins (n 1), 422. [66] Collins (n 1), 409. [67] James (n 5), 480. [68] ibid at 478. [69] ibid. [70] Collins (n 1), 410. [71] Established by Yewens v Noakes [1880] 6 QBD 530. [72] Established by Stevenson Jordan v Macdonald and Evans [1952] 1 TLR 101. [73] Stringfellows v Quashie [2012] EWCA Civ 1735. [74] Carmichael v National Power plc [1999] UKHL 47. [75] Collins,(n 1), 410. [76] ibid at 411. [77] James (n 5). [78] Ibid at 485. [79] [2017] International Journal of Law in Context 13(3). [80] Jamie Atkinson, 'Shared Parental Leave in the UK: Can it Advance Gender Equality by Changing Fathers into Co-Parents?' [2017] International Journal of Law in Context 13(3), 361. [81] ibid. [82] Power (n 7). [83] ibid at 68. [84] ibid. [85] ibid. [86] Jenna Norman, 'Gender and COVID-19: The Immediate Impact the Crisis is Having on Women' [2020] British Politics and Policy at LSE. [87] ibid. [88] ibid. [89] ibid. [90] James (n 5). [91] Board of Trade, Fairness at Work (White Paper, Cm 3968, 1998). [92] 2019/1158. [93] Alison Andrew and others, 'How are mothers and fathers balancing work and family under lockdown' (Institute for Fiscal Sciences, 27 May 2020) accessed 12 November 2020.
The study of the military veterans' experience in higher education has coincided with the history of the GI Bill® and the various iterations of the benefits of this program, beginning with the original version following WWII. With the latest version, the Post 9/11 GI Bill®, institutions of higher education have experienced the highest enrollment numbers of veterans since the conclusion of the Vietnam Conflict. Institutions have historically been reactive in support of new waves of veterans entering higher education. This study sought to gain the perspective of veterans, as to how the institutions have been serving veterans by creating a veteran friendly campus through the admission, enrollment, and veterans services processes. The study also sought to gather the veterans' perspective related to how well faculty and staff understand the military experience, and how well veterans have been integrated into the classroom environment and into higher education in general. In addition, the study sought to measure the perspective of veterans with disabilities and their specific experience in higher education. A survey of the veteran experience was conducted in 2-year and 4-year institutions in a western state. Results indicated that although improvements have been made in relation to veterans in this study, there are still areas that need addressing in order to improve the veteran experience in overall. The veteran, the institution, and the community in general can benefit immensely as veterans use their GI Bill® benefit to pursue higher education, and then put that education to work upon graduation. It is incumbent on institutions of higher education to ensure that a veteran friendly process is in place, in order to attract and retain veterans through graduation. ; MILITARY VETERAN EXPERIENCE 2 Acknowledgements I would like to thank my parents, Robert E. and Janice D. Czech, for their sound example, for instilling proper values, and for exemplifying good character. Without them and who they were, I would not be where I am or who I am today. I would also like to express appreciation to my family and friends for their unwavering support to me during the process of completing my graduate degree. Without their support I do not believe I would have endured my many struggles to meet this goal. My appreciation to Dr. Peggy Saunders for her guidance throughout this process, and to my many professors for their patience and understanding throughout each semester. Their wisdom and intuition allowed me to flourish as a non-traditional student, in an environment that seemed foreign. I would like to acknowledge the foundation of hard work, leadership, and service that I learned during my 22 years in the United States Anny. It was not always easy, but the lessons learned have helped me to endure this graduate degree process. Finally, thanks to my graduate committee chair Dr. Natalie Williams. She was my guide, advisor, and champion during this final project. Without her outstanding patience, understanding and depth of knowledge I would have never made it to my goal. MILITARY VETERAN EXPERIENCE 3 Table of Contents NATURE OF THE PROBLEM . 7 Literature Review . 9 Introduction . 9 Historical Foundations . 10 WWII Era GI Bill® (Original) . 10 Korean Era GI Bill® . 11 Vietnam Era GI Bill® . 12 Post-Vietnam Era Veterans Education Assistance Program (VEAP) . 12 Montgomery GI Bill® and Reserve Programs . 13 Post 9/11 GI Bill® (Current) . 13 GI Bill® Use (as of Fiscal Year 2013) . 14 Effects of the Post 9/11 GI Bill® on Higher Education . 15 Veterans with combat related disability issues . 19 Accommodating veterans with disabilities on campus . 20 Veterans' with disabilities . 25 Reintegration into Society . 28 Higher education: Weathering the perfect storm . 30 Summary . 32 PURPOSE . 34 METHOD . 36 Participants . 37 MILITARY VETERAN EXPERIENCE 4 Instruments . 38 Procedure . 3 8 Data Analysis . 41 RESULTS . 43 Demographic Data . 43 Overall Experience in Higher Education . 44 Website Navigation . 44 Admissions . 45 Enrollment Services . 46 Veterans Services Office . 47 Faculty Awareness, Classroom Environment, and Campus Life . 48 Service-connected Disability . 51 DISCUSSION . 53 Implications of Results . 55 Limitations . 61 Future Research . 62 Summary . 63 REFERENCES . 65 APPENDICES . 69 Appendix A: Veterans Survey . 70 Appendix B: IRB Approval . ; . 74 Appendix C: Survey Results Spreadsheet. . 76 MILITARY VETERAN EXPERIENCE 5 List of Tables Table I. Respondents by branch and years of service, and by branch and gender . 37 Table 2. Summary of Survey Responses by Section, with Totals by Section and Response Type . 52 MILITARY VETERAN EXPERIENCE 6 Abstract The study of the military veterans' experience in higher education has coincided with the history of the GI Bill® and the various iterations of the benefits of this program, beginning with the original version following WWII. With the latest version, the Post 9/11 GI Bill®, institutions of higher education have experienced the highest enrollment numbers of veterans since the conclusion of the Vietnam Conflict. Institutions have historically been reactive in support of new waves of veterans entering higher education. This study sought to gain the perspective of veterans, as to how the institutions have been serving veterans by creating a veteran friendly campus through the admission, enrollment, and veterans services processes. The study also sought to gather the veterans' perspective related to how well faculty and staff understand the military experience, and how well veterans have been integrated into the classroom environment and into higher education in general. In addition, the study sought to measure the perspective of veterans with disabilities and their specific experience in higher education. A survey of the veteran experience was conducted in 2-year and 4-year institutions in a western state. Results indicated that although improvements have been made in relation to veterans in this study, there are still areas that need addressing in order to improve the veteran experience in overall. The veteran, the institution, and the community in general can benefit immensely as veterans use their GI Bill® benefit to pursue higher education, and then put that education to work upon graduation. It is incumbent on institutions of higher education to ensure that a veteran friendly process is in place, in order to attract and retain veterans through graduation. MILITARY VETERAN EXPERIENCE NATURE OF THE PROBLEM With the passing of the Post 9/11 Veterans Educational Assistance Act (2008), also known as the Post 9/11 GI Bill®, colleges and universities are seeing higher enrollment by military veterans than they have since the conclusion of the Vietnam Conflict (Cook & Kim, 2009; Rumann & Hamrick, 2009), and the intricacies and implementation of this new GI Bill® has caused confusion and frustration for both the veterans and university staff. After WWII, the Servicemen's Readjustment Act of 1944 (or GI Bill®) granted unprecedented educational and economic benefits to veterans. Other GI Bill® programs and adjustments have been made over the years, but the Post 9/11 version was said to be the most generous since the WWII era GI Bill® (Radford, 2009). 7 With the most recent changes to the GI Bill®, veteran presence was expected to grow on campuses across the country and therefore schools have had to adjust to meet the new demand (Cook & Kim, 2009; Rumann & Hamrick, 2009). Many of the veterans, active military and active military reservists (92%) currently enrolled in university indicated that education should play a role in post-service transition (Zoli, Maury, & Fay, 2015). Many veterans currently enrolled in higher education were exposed to direct and indirect conflict and suffer from Post-Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), and other physical and psychological challenges. Church (2009) said that "returning veterans will have a wide range of medical diagnoses and related health problems that will have a temporary or chronic impact on their living, working, learning, MILITARY VETERAN EXPERIENCE and relationship functions" (pg. 44). These issues make it difficult for veterans to adjust to a higher education setting, and cause tangible problems for their academic progress. 8 Although there are many positive qualities that veterans bring to an institution of higher education, many also bring with them these battle related issues. These issues make it difficult for veterans to adjust to this setting. The American Council on Education (ACE) found that veterans reported problems meeting academic expectations, while managing service connected injuries, including PTSD and TBI (Steele, Salcedo, and Coley, 2010). Not all veterans will openly disclose the visible and invisible injuries they have, so it is incumbent on colleges and universities to develop welcoming programs that meet these challenges (Church, 2009). This lack of self-disclosure could lead veterans to underutilize traditional campus disability services and therefore not receive the accommodations that may make their experience more manageable. Unfortunately, most post-secondary schools are ill prepared to meet the needs of these Veterans, creating lost opportunities for both the Veteran and the institution. Schools that are slow in meeting the challenges that the veterans present, find they are reacting rather than being proactive in meeting veteran needs. If institutions of higher education do not work to understand this veteran population, then it is likely to lead to an unsuccessful experience for the veteran and the institution (Brown & Gross, 2011). There are areas where higher education is generally meeting the needs of veterans, like including veteran issues in strategic planning, offering specific programs and services for veterans, recognizing prior military experience with college credit, assisting veterans with finding counseling services, providing financial accommodations, and providing counseling on veterans' educational benefits. But there are many areas that still show MILITARY VETERAN EXPERIENCE room for improvement including assisting veterans' transition to college, developing faculty and staff awareness of veteran specific issues, meeting the needs of veterans with military related disabilities, assisting re-enrolling veterans, and providing peer to peer experiences for veterans (Cook & Kim, 2009). Literature Review Introduction This literature review will first establish some historical background relating to the GI Bill®, including changes that have taken place since its establishment following WWII. It will highlight the benefits of each version, especially the original version and the most recent version known as the Post 9/11 GI Bill®, and demonstrate the problems caused by the large influx of new veterans in higher education. Next, it will highlight some of the issues veterans have in a higher education setting related to their combat related disabilities and experiences, and the lack of preparation and forethought by colleges and universities related to these new veterans. Historical IFoundation~1office1] 9 The relationship of higher education and the military dates back to the 1862 Morrill Act, which established military training programs at land-grant institutions (Rumann & Hamrick, 2009, 2010). Subsequently, just prior to WWI, Congress passed the 1916 National Defense Act (NDA) which provided colleges a leading role in training soldiers. The NDA also established the three components of the military: the active duty military component, the military reserve component, and the state National Guard component. In addition, it created the Reserve Officers' Training Corps (ROTC) that standardized what had been solely independent military training programs at colleges and MILITARY VETERAN EXPERIENCE 10 universities. These were the fotmdations of the relationship between the military and higher education. Even though the NDA was established prior to WWI, many veterans were unsatisfied with the benefits offered to them, which resulted in significant economic and social unrest. This dissatisfaction prompted the writing of Servicemen's Readjustment Act of 1944 (Rumann & Hamrick, 2009). WWII Era GI Bill(RJ (Original). With the large numbers of military veterans returning home after WWII the Servicemen's Readjustment Act of 1944 (i.e., GI Bill®) granted unprecedented educational and economic benefits to these veterans. After much strnggle, this act was passed by congress and signed into law by President Roosevelt on June 22, 1944 (Rumann & Hamrick, 2009). When signing the GI Bill®, President Roosevelt said "It gives emphatic notice to the men and women in our armed forces that the American people do not intend to let them down" (Department of Veterans Affairs, 2013, para. 24). This trnly generous WWII era GI Bill® provided many financial and educational benefits to veterans and their families. Additionally benefits included living stipends, Veterans were given loan guarantees for homes, farms and businesses (e.g., nearly 2.4 million loans from 1944 to 1952), as well as unemployment pay and employment assistance (Department of Veterans Affairs, 2013). By the time the original GI Bill® had ended in 1956, 7.8 million of the nearly 16 million WWII veterans had used education benefits to some extent. In the peak year of 1947, veterans made up 49% of all college admissions. One interesting fact is that although there was an unemployment benefit available, less than 20% of the funds set aside for this benefit was used by the veterans. The total cost of this original version of MILITARY VETERAN EXPERIENCE the GI Bill® was $14.5 Billion (Department of Veterans Affairs, 2013; Military.com, 2006). 11 Many names have been given to this generation of veterans that served in WWII, such as the Greatest Generation, the G .I. Generation, and the Civic Generation. Regardless of the label, the impact of this generation due in large part to the GI Bill® education benefits, is immeasurable and can be felt to the present. In her book, Mettler (2005) stated that ''.just as the G.I. Bill transformed the lives of veterans who used it, they in tum helped change America" (p. 11 ). This GI Bill® opened up educational opportunities to those other than the privileged in America. Higher education that had previously been reserved for mainly white, native-born, Protestant Americans prior to WWII, was now a possibility for those that were Jewish, Catholic, African American, immigrants, and the working class. This changed the landscape of America forever (Mettler, 2005). Korean Era GI Bill.® The Veterans Readjustment Assistance Act of 1952, or Korean Conflict GI Bill®, was instituted to carry on the tradition of taking care of those who served and fought for their country. It was approved by President Truman on July 16, 1952. It was available for use by veterans who served between June 27, 1950 and Febrnary 1, 1955. Although this GI Bill® still provided education benefits and living stipends, as well has loan guarantees, it left the employment assistance up to the individual states. By the time this program ended in 1955, some 43% of the over 5.5 million veterans of the Korean Conflict had used their education benefits to some extent. Total cost to the country was $4.5 Billion and over 1.5 million loans were guaranteed, meaning the MILITARY VETERAN EXPERIENCE government guaranteed a portion of the loan to the lien holder in case of default (Department of Veterans Affairs, 2013; Military.com, 2006). Vietnam Era GI Bill.® 12 The Veterans Readjustment Act of 1966, or Vietnam Era GI Bill®, was signed by President Johnson on March 3, 1966. It retroactively covered post Korean Conflict veterans who served after February 1, 1955 and continued for veterans who served until May 7, 1975. It again provided education benefits, for the first time including active duty military members, and again loan guarantees. Between 1966 and 1989, 6 million Vietnam veterans, 1.4 million Post-Korean veterans, and 7 51,000 active duty military used this education benefit to some extent. More than $42 Billion was spent on this version of the GI Bill®, and 4.5 million loans were guaranteed (Military.com, 2006). Post-Vietnam Era Veterans Education Assistance Program (VEAP). VEAP was a transitional program that bridged the gap between the Vietnam Era GI Bill®, and the Montgomery GI Bill®. Veterans, who entered after December 31, 1976 were eligible for education benefits under this version, but unlike the previous versions this one required a contribution by the military member and they had to choose to participate upon enlistment. The participant contributed through payroll deductions up to $2700 and the government then matched two dollars for every dollar contributed for a maximum of $5400. If one chose not to participate, then they had no money for education available at the end of their service. In addition to this money for education, the loan guarantees continued (Military.com, 2006). MILITARY VETERAN EXPERIENCE 13 Montgomery GI Bill® and Reserve Programs. The Montgomery GI Bill®, named for its sponsor Representative G.V. (Sonny) Montgomery, was established in 1984. Representative Montgomery was the chairman of the House Veterans' Affairs Committee and worked to support veterans. For the first time a version of the GI Bill® also included education benefits for those serving in the reserve components, although at a reduced benefit to their active duty counterparts. A reserve member had to enlist for 6 years, and after serving 6 months they could begin using their education benefit. It again required the active military member to contribute toward their future education, with matching funds by the military. An active duty veteran was eligible if they served after 30 June, 1985 and had to enlist for a minimum of 2 years. This program continues to be used by veterans up to this day, and overlaps with the new Post 9/11 GI Bill® (Department of Veterans Affairs, 2013; Military.com, 2006). Post 9/11 GI Bill® (Current) The newest of the GI Bill® education and benefit programs is called the Post 9/11 Veterans Educational Assistance Program (Post 9/11 GI Bill®). It was signed into law in July of2008, and became effective August 1, 2009. The Post 9/11 GI Bill® is the most comprehensive bill since the original in 1944. It provides benefits to service members, both active and reserve, who served at least 90 aggregate days of active military service after September 10, 2001. This means that an active duty member and a reserve component member serving the same amount of active duty time will receive the same benefit. The benefit can be used while still in the active military or reserve component and after discharge (Post 9/11 GI Bill Overview, n.d., Department of Veterans Affairs, 2014). MILITARY VETERAN EXPERIENCE 14 The Veterans Administration (VA) pays up to 100% of the student's tuition and fees for their education, based on the amount of service after the date of eligibility. The tuition and fees provided under this version of the GI Bill® are sent directly to the educational institution. This GI Bill® also includes up to $1000 per year for textbooks, a living stipend while emolled in school, based on cost ofliving which averages $1368 per month nationally, a one-time relocation payment of $500 for those relocating from a rural area to attend school, and for those still on active duty in the military the opportunity to transfer some or all of the benefit to their children (Post 9/11 GI Bill Overview, n.d.; Department of Veterans Affairs, 2014). The benefit is tiered depending on how much active duty service was rendered after September 10, 2001. For instance if the member served at least 36 months of active duty service, then they receive 100% of the benefits. For 30-36 months it is 90%, 24-30 months is 80%, 18-24 months is 70%, 12-18 months is 60%, 6-12 months is 50%, and 90 days to 6 months is 40% (Post 9/11 GI Bill Overview, n.d.). GI Bill® Use (as of Fiscal Year 2013). With the increased benefit of the Post 9/11 GI Bill® came a new wave of college bound military veterans and reserve members, and in some cases their family members to whom they have transferred benefits. The higher educational institutions around the country will need to prepare for this new wave, just as they had to prepare and react to the wave of veterans entering school following WWII. The Institute for Veterans and Military Families, at Syracuse University, conducted a multi-pronged study to gain a better understanding of social, economic, and wellness concerns of the newest generation of veterans. There are over 3.9 million MILITARY VETERAN EXPERIENCE 15 veterans identified as disabled by the Veterans Administration (VA). Of those, 43% were from the Gulf War era and beyond. Additionally, of the more than 8,500 respondents in that study 58% reported a service related disability. Of those in the survey that reported service-connected disability, 79% said that the disability created obstacles for them when they transitioned to civilian life. In fact, 12% indicated the disability hindered starting higher education, and 28% said the disability created obstacles in completing their higher education. These same veterans indicated that of the many motivations to join the military, 53% said that educational benefits were a reason they joined, followed by a desire to serve their country at 52%. In the research 92% of respondents indicated that education should play a role in post-service transition. The response to this particular question indicated how overwhelmingly important education is to the most recent service members and veterans, and showed intent to further their education. A study of GI Bill® usage by veterans was published providing data through fiscal year 2013. The study indicated that in the Fiscal Year (FY) of2009 the Veterans Benefits Administration (VBA) reported just 34,393 students using the Post 9/11 GI Bill®, but in FY 2013 the total was up to 754,229 students. If all of the current GI Bill® benefit programs are included, there were 1,091,044 students (FY 2013) using benefits. Payments from the Post 9/11 GI Bill® in FY 2013, to students and colleges, was over $10 billion, with the total from all GI Bill® programs being over $12 billion (Department of Veterans Affairs, 2014). Effects of the Post 9/11 GI Bill® on Higher Education. Military veterans are likely to enroll or reenroll in higher education following military service. It is incumbent upon these institutions to be prepared, in order to make MILITARY VETERAN EXPERIENCE 16 the veterans' transition easier (Rumann and Hamrick, 2009). This is especially the case with the advent of the generous benefits of the Post-9/11 GI Bill®. The researchers further pointed out that because of generational and societal perspectives, many current administrators and faculty have most likely not experienced military service. This has caused issues with how faculty and staff at institutions relate to veterans. Rumann and Hamrick (2009) suggested that building relationships with outside veteran organizations could bridge the gap that may exist. In addition, they suggested that campus administrations could provide opportunities for students, staff, and faculty to better understand aspects of military service, complimenting a broader focus on diversity on campuses. In their more recent study, Rumann and Hamrick (2010) focused on a small group of National Guard and reserve veterans who had returned from wartime deployments to re-enroll in school. The veterans experienced things such as lingering high stress levels related to their deployments, a maturity gap that had developed between them and traditional undergraduate students, personal relationship issues, and identity related issues. Cook and Kim (2009) took a broader look at easing the transition of service members on campus. Their study involved surveys returned by 723 institutions across the country. The study found that there was a varied approach to serving veterans, with no obvious pattern as to which programs and services were provided, or what entity on campus was responsible, and reported that nearly two thirds of colleges and universities that did offer veteran services have increased those services since September 11, 2001. MILITARY VETERAN EXPERIENCE 17 In the same study, researchers came to the conclusion that there were areas where higher education was generally meeting the needs of military students, and areas where institutions could improve. Some examples of areas where institutions met veteran needs were including veteran issues in strategic planning, offering specific programs and services for veterans, recognizing prior military experience with college credit, assisting veterans with finding counseling services, providing financial accommodations, and providing counseling on veterans' educational benefits (Cook & Kim, 2009). Areas that needed improvement included helping veterans transition to a college environment, providing professional development to faculty and staff on veteran transition issues, training of staff on meeting the needs veterans with brain injuries and other military related disabilities, streamlining of administrative procedures for veterans enrolling or re-enrolling, and providing opportunities for veterans to connect with peers on campus. With the expected influx of students using the Post-9/11 GI Bill®, institutions need to address these areas of weakness when it comes to veteran services and programs. In their report, Brown and Gross (2011) stated that successful management of military students brings benefits to all involved: the student; the academic institution; and the community. Part ofthis management includes understanding the characteristics of veteran and active military students. Radford (2009) detailed many characteristics of veterans and military undergraduates. The study states that: Slightly more than 3 percent of all undergraduates enrolled during the 2007-08 academic year were veterans, and slightly more than 1 percent were military service members. Among these military undergraduates, about 75 percent were MILITARY VETERAN EXPERIENCE veterans, 16 percent were military service members on active duty, and almost 9 percent were military service members in the reserves. (p. 6) 18 The researcher also detailed issues faced by military undergraduates who wished to attend college: Difficulty transitioning to life after military service; experiencing psychological and/or physical post-war trauma; readjusting to personal relationships; and adapting to a new lifestyle. Radford also highlights that veterans can face bureaucratic red tape from the Department of Veterans Affairs (VA) relating to their education benefits as well as from the college or university staff who were often not well versed in the details of those benefits. Many veterans face obstacles and challenges in using the Post-9/11 GI Bill® and transitioning to college (Steele, Salcedo, & Coley, 2010). Challenges noted included expectations different from their military experience, balancing academics and other responsibilities, relating to non-veteran students, managing service-connected injuries and disabilities. They also noted institutional efforts to adapt to the new GI Bill® benefits. Schools reported increased staff workloads of 50% to 200% related to the new influx of veteran students. The researchers (Steel, Salcedo, & Coley, 2010) noted some of the reasons behind this influx were, increases in total GI Bill® enrollment over previous years, lack oflmowledge in details of the new law, coordination with student accounts offices with respect to receipt of payments, the need to submit enrollment verification of each veteran student, and the need to assist veteran students in understanding their benefits. Institutions could more effectively serve veteran students according to the results ofa focus group study (Steel, Salcedo, & Coley, 2010). Institutions that encourage MILITARY VETERAN EXPERIENCE 19 veterans to self-identify early, ensure veteran program administrators are adequately trained, and that other staff and administration are trained on the new GI Bill®, tend to have more effective programs for veterans. The institutions should employ disability and mental health staff who understand veterans' issues, have consistent policies for college credit for military training, have veteran specific orientations and informational sessions, and encourage veteran student organizations on campus (Steel, Salcedo, & Coley, 2010). Veterans with Combat Related Disability Issues One challenge America faces as the more recent conflicts wind down, is that there will be more veterans with disabilities returning from military service, and these veterans will be seeking higher education. It will be important for staff and faculty of associated schools to be prepared to assist these veterans with disabilities in their transition (DiRarnio & Spires, 2009). The veterans that find it especially difficult to adjust to higher education are those with combat related disability issues, including hidden issues such as Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI). Survivability from combat injury has increased and therefore an increase in veterans with disabilities on campus is inevitable. In the most recent conflicts, nearly 85% of those receiving combat injuries are surviving due to advances in protective body annor, use of coagulants, and advances in the military medical evacuation system (Madaus, Miller II, & Vance, 2009). The Veterans Administration (VA) reported that in 1986 there were 2,225,289 military veterans with service-connected disabilities. By 2013 the number of veterans with service-connected disabilities had climbed to 3,743,259, mainly due to exposure to the MILITARY VETERAN EXPERIENCE 20 most recent conflicts in Iraq and Afghanistan and the increased survivability from combat injury (Department of Veterans Affairs, 2014b). Researchers from a study of veterans with three major conditions (e.g., PTSD, TBI, and major depression) reported that 18.5% of those returning from the most recent conflicts had PTSD or depression, and 19.5% reported experiencing TBI during their deployment. Of the veterans responding to the study, 11.2% reported PTSD or depression but no TBI, 7.3% reported PTSD/depression and TBI, and 12.2% reported just TBI (Tanielian & Jaycox, 2008). More recent casualty statistics reported to congress indicate that, approximately 118,829 military members/veterans deployed between 2000 and 2014 were diagnosed with PTSD. During the same period 307,283 were diagnosed with some form ofTBI (Fischer, 2014). Colleges and universities across the country need to find ways to accommodate these new military veterans that may be coming to their institutions, but especially those with these sometimes unseen disabilities. The Disability Services (DS) offices on campus will need to take a leading role in this accommodation. Accommodating Veterans with Disabilities on Campus. In a study of the role of the DS staff in accommodating veterans with disabilities, 237 members of the Association on Higher Education and Disabilities completed a survey, responses indicated that only 33% were comfortable or knowledgeable about campus efforts to serve these wounded warriors. Additionally, only 17.3% felt they had above average ability to serve these veterans (Vance, Miller II, 2009). There is a need to develop veteran friendly programs that reduce red tape, and have a designated point person or office. Other recommendations were to have an ongoing campus dialogue MILITARY VETERAN EXPERIENCE 21 which includes members of the DS staff, work on collaboration with other campus professionals, and work to collaborate in educating faculty and staff on the unique needs of these veterans (Vance & Miller II, 2009). There have been many discussions on how to accommodate veterans with disabilities on college and university campuses. The American Council on Education (ACE), with support from the Kresge Foundation and the Association on Higher Education and Disability and America's Heroes at Work conducted a "Veterans Success Jam" in May of2010. The "Veteran Success Jam'', was a three-day online collaboration that brought together thousands of veterans and their families, active service members, campus leaders, nonprofit organizations, and govermnent agencies from around the country. Recommendations were generated for colleges and universities accommodating veterans with PTSD and TBI (American Council on Education, 2010). During discussions at the Veterans Success Jam it was determined that overall veterans bring a lot of good qualities with them to campus, such as a higher degree of maturity, experience and leadership qualities, familiarity with diversity, and a level of focus not seen in their peers. Unfortunately, these qualities have been earned at great personal expense, and may well affect their educational goals. Campuses that are prepared to handle these challenges will rnake the transition of these veterans much easier, and the schools will benefit from being seen as veteran friendly (American Council on Education, 2010). Part of preparing to properly serve and accommodate these veterans is to understand what PTSD and TBI are, and what effect they may have on the academic MILITARY VETERAN EXPERIENCE 22 progress of these students. It is imperative that faculty and staff be educated and aware of these possible challenges (American Council on Education, 2010). Traumatic Brain Injury (TBI) in veterans usually involves a blow or concussion to the head which may include a penetrating head injury, which disrupts the function of the brain itself. These are most often associated with contact with an improvised explosive device (IED). Generally TBI can result in long and short-term issues, but most people get better over time. For those with mild cases of TB I, about 80% of the cases from the most recent conflicts, the recovery time can be as little as 3-6 months (American Council on Education, 2010). Post-traumatic stress disorder (PTSD) is a psychological injury that develops in response to exposure to an extreme traumatic event or events over time. PTSD trauma may include threatened death of oneself or others, serious injury, and even just the constant threat of personal injury. This creates a feeling of fear and helplessness that actually changes the brains chemical and hormonal balance. For some victims the symptoms will disappear when they are no longer exposed, yet for others they persist over a long period of time. Flashbacks or reliving events can happen in PTSD cases, which bring the stresses back to the forefront. These victims can sometimes avoid these feelings by avoiding events or situations that may trigger them. Usually PTSD symptoms manifest themselves within a few months, but they can take years to appear (American Council on Education, 2010). Staff and faculty may find it helpful to know what cognitive difficulties may be manifested in a veteran with PTSD or TBI. Each person manifests symptoms differently, so it hard to generalize. These symptoms can be things such as: difficulty in MILITARY VETERAN EXPERIENCE 23 concentration and attention; challenges processing infonnation; learning and memory deficits; sluggish abstract reasoning; and slowed executive functioning including problem solving, planning, insight, and sequencing. These veterans may also experience stressors outside the classroom involving home life, work, sleep disturbances, trouble managing time, and panic attacks (American Council on Education, 2010). When considering how to accommodate veterans with these types of disabilities it is best to understand that PTSD and TBI .symptoms are expressed in very unique ways. Standard procedures for accommodating a student with disabilities may not work with these veterans. In addition, in extreme cases, PTSD and TBI may also lead to depression and suicidal thoughts. These symptoms can be aggravated by academic pressure, health concerns, relationship issues, sleep problems, and substance abuse issues. Some factors that may have a positive effect on these veterans are social support by other veterans, professional medical treatment, good health and eating habits, and participation in recreational activities (American Coimcil on Education, 2010). Institutional faculty and staff should also be aware that not all veterans with PTSD or TBI will require disability accommodations to be successful in education, while others may. If they do require and qualify for special accommodations they will normally fall under either the Americans with Disabilities Act of 1990, or Section 504 of the Vocational and Rehabilitation Act of 1973. So adjustments may be made for these veterans, as they are with others with disabilities, as long as the accommodations do not change the overall academic program in question (American Council on Education, 2010). MILITARY VETERAN EXPERIENCE 24 Another factor to consider is that these veterans are less likely than their peers on campus to access special accommodations for which they may qualify. There are many reasons this may occur such as pride, lack of understanding campus resources on their part, or the feeling that faculty and staff do not understand PTSD or TBI. It is necessary to realize that most staff and faculty have not experienced anything close to what these veterans have been exposed to in combat (Rumann & Hamrick, 2009). Faculty and staff must be informed in other ways because of the lack of exposure to military experiences and lifestyle. Increased awareness by faculty and staff can also meet the needs of broader commitment to diversity on campus (American Council on Education, 2010; Rtunann & Hamrick, 2009). Faculty and staff should know that the manifestation of symptoms, and even the diagnosis of these conditions, may not occur until well after they leave the military. Therefore, they may come to the campus undiagnosed. Becoming aware of the outward signs of PTSD and TBI could present opportunities to counsel veterans on possible accommodations, for those that have not already made arrangements with the DS office on campus. Of course, veterans must be willing participants and never be coerced (American Council on Education, 2010). Faculty and staff would also find it useful to become aware of other veteran resources on campus and in the community that may be helpful in the veterans' transition to the college or university setting. These could be resources such as the Veteran Student Services office, Veterans Upward Bound (VUB), the local Student Veterans of America chapter, or various community veteran resources like the Veteran Service Organizations (American Legion, Veterans of Foreign Wars (VFW), and Disabled American Veterans MILITARY VETERAN EXPERIENCE 25 (DAV)), the Veterans Administration (VA) hospital, and others. Partnering with outside organizations would help university staff in handling veteran specific issues (American Council on Education, 2010; Rumann & Hamrick, 2009). In general faculty and staff should understand that most veterans are new to their disabilities as well and may be unaware of their rights as disabled students to receive accommodations for an identified disability. The process of getting and accepting help can take time for these veterans. Sometimes their military background can hinder them, mainly due to the stigma of weakness that can be placed upon someone in the military with disabilities or shortcomings. Faculty and staff should also be aware that there are many other disabilities that veterans may bring to campus in addition to PTSD/TBI such as loss oflimb(s), severe burns, deafness, vision issues, and general learning disabilities (American Council on Education, 2010). Veterans with Disabilities. In a study published in 2012, focus groups were held involving 31 veterans who had self-reported PTSD symptoms. Transcripts of the sessions were analyzed to establish dominant themes in the responses of these veterans. Findings indicated that veterans with PTSD. needed services in a variety of different areas, and they also had some specific recommendations for easing their transition (Ellison, et al., 2012). The veterans in the study found it important for the schools to provide services for educational planning, including helping them to prepare for the rigors of higher education. The reality is that many of these veterans went into the military because they felt they were not ready for college. The veterans felt they needed help with counseling on the educational goals, and in choosing an appropriate major (Ellison, et al., 2012). MILITARY VETERAN EXPERIENCE 26 Another concern for these recent veterans is being able to reintegrate into society after their military service. Many of them left from their parents' homes right after high school without learning to live civilian life on their own. The veterans indicated the sudden change in social, psychological, and environmental norms from the military to civilian life created concerns. These concerns included homelessness, lack of family support, medical and/or addiction needs, physical disability needs, financial difficulties, and the how to balance their education and living needs (Ellison, et al., 2012). One theme that manifested itself across the veterans was the need for guidance and counseling regarding their GI Bill® and VA benefits. The veterans indicated that when calling veterans services they had difficulty reaching an actual person who could answer questions for them. When they did reach an individual, this person lacked proper knowledge of benefits, or could not properly cotmsel them on the pitfalls of choosing one educational benefit over the other. The staff at these offices need to be knowledgeable and infonnative (Ellison, et al., 2012). These veterans were concerned over the impact that their PTSD would have on their educational attainment. They indicated high anxiety dnring classes which could be triggered by things such as loud and sudden noises, hypervigilance while traveling to school, or anything that might remind them of their combat experience. Some indicated that they coped with these difficulties by using medication, positioning themselves at the back of the class, trying to choose classes with fewer students, or even evening or online classes. The veterans also expressed concern with perceived difficulties in memory and concentration in class, and the need for special accommodations (Ellison, et al., 2012). MILITARY VETERAN EXPERIENCE 27 The veterans provided some possible ways that institutions could mitigate some of the difficulties that they face. They indicated the need for on campus outreach services from VA facilities where the veterans normally gather. The younger veterans also expressed a need for more outreach by veterans their own age and not just by groups of what they perceived to be veterans old enough to be their fathers (Ellison, et al., 2012). Peer support was another area where they felt services could be utilized to their benefit. The veterans felt that being able to interact with veterans who have had similar experiences, would help them to navigate the difficulties of the environment. There is an unseen trnst bond that fellow veterans feel from each other, especially if they know they have each served in similar combat situations. The veterans thought that a program of veterans providing counseling to veterans would be ideal and that one-on-one service settings would be best (Ellison, et al., 2012). These veterans also suggested that there should be some coordination between services received with their VA education benefit and with the clinical services related to their PTSD treatment. Veterans were concerned with the logistics of managing their schooling and the case management involving their treatment. The veterans suggested that there be some coordination between the schools and the VA to have school representatives available at the VA facilities for question and answer sessions related to higher education, as well as maybe some workshops related to college preparation. The veterans also wondered if it were possible to have individual advocates that would walk them through the processes such as admissions, financial aid, and enrollment (Ellison, et al., 2012). MILITARY VETERAN EXPERIENCE 28 The veterans also suggested that there is a big change between the structured life of the military and the less structured civilian culture. Veterans felt in the military they had less autonomy and flexibility, and were concerned that their dependence on the military structure could hinder them in college persistence. Veterans felt that the process on campus needed to be streamlined and clear in order for them to better cope with the process. A one-stop-shop for veteran student services was suggested (Ellison, et al., 2012). Another concern was the perceived disconnect from the social networks the veterans relied upon prior to serving in the military. Having experienced many traumatic combat related experiences, and feeling a veteran no longer fit into groups or social settings that veterans may have been included in prior to their service. The veterans' social networks had become those that were fonned in the military and the transition back to civilian social networks was difficult. Veteran student groups on campus and national student veteran organizations could help ease these concerns (Ellison, et al., 2012). Reintegration into Society As veterans return from conflicts they have difficulties reintegrating into work environments, educational environments, social interactions and relationships, general physical functions, and sound emotional well-being. This is especially true for veterans that return with disabilities such as PTSD and TBI (Ostovary & Dapprich, 2011). As related specifically to (re)integration in education, veterans find both challenges and opportunities await them. The challenges come in many different forms and veterans need help navigating them upon entering the higher education environment. MILITARY VETERAN EXPERIENCE The opportunities depend on the approach to veterans established in each school (Ostovary & Dapprich, 2011). 29 One of the challenges faced in educational (re )integration is the loss of the direct benefits veterans were used to receiving in the military. Veterans are used to their day to day needs being taken care of for them with relative ease for the most part. Veterans' educational benefits can sometimes be delayed. The veterans are encouraged to apply for their GI Bill® benefits soon after discharge, yet the process of receiving these benefits is not immediate. This urgency in using the education benefit may cause the veteran to feel rushed into college enrollment and amplify things such as anger, irritability, and poor concentration in school. Classroom settings can also be a challenge and veterans may be affected by class size and noise, placement in the room, and attention and concentration issues. The veterans themselves report problems with the rigors of the curricuhun, social interaction with other students, and their perceived limits to services on campus (Ostovary & Dapprich, 2011). Educational satisfaction of veterans relates to how the respective institution of higher education works to become veteran friendly. Colleges and universities need adapt to the needs of new veterans as they transition. A veteran friendly campus is one that collaborates all services related to the (re)integration of veterans with disabilities. The services should include veteran centers on campus, veteran specific orientations, intramural programs for disabled students, and a campus-wide focus on veteran services. In addition, a student veteran organization should be established on campus. These organizations may improve interaction between veterans and traditional students, and between veterans and faculty and staff (Ostovary & Dapprich, 2011). MILITARY VETERAN EXPERIENCE 30 As has been the pattern of past generations, social and political change has occurred when veterans return from the fight, including those that return with disabilities. Following WWI the change came in the form of what was called the Commission on National Aid to Vocational Education and Disabled Veterans Act. Following WWII the change was known as the Serviceman's Readjustment Act. Then after Vietnam the program was called Veteran's Readjustment Assistance Act. Our newest veterans with disabilities are covered under the provisions of the Americans with Disabilities Act Amendment Act (AD AAA) of 2008 (Ostovary & Dapprich, 2011 ). Higher Education: Weathering the Perfect Storm. It has been said that the return of veterans from recent conflicts in Iraq and Afghanistan, along with the passage of the ADAAA, and the comprehensive benefits of the new Post 9/11 GI Bill® have created a so-called perfect storm that higher education has to overcome (Grossman, 2009). How higher education reacts will detennine how well they navigate the storm. Veterans with disabilities have historically been seen as assertive when it comes to their civil rights and educational benefits earned during their service. Many have been through traumas of the battlefield and will have been diagnosed with PTSB, TBI, and other issues (Grossman, 2009). Institutions of higher education will have to adapt to and learn to accommodate these veterans. Postsecondary institutions can become overwhelmed by this new influx of veterans with disabilities, or it could see this as an opportunity for positive changes. These new veterans could become the wakeup call that higher education needs, or a stumbling block. To weather the storm they will need to look at this challenge from a MILITARY VETERAN EXPERIENCE 31 new perspective and come up with new solutions that include a campus-wide response to accommodating veterans, and a Universal Design (UD) approach to their education (Burnett & Segoria, 2009; Grossman, 2009). The researcher (Grossman, 2009) lays out the challenges that come along with this perfect storm, and that higher education institutions will have to decide how they meet the challenges. First, they have to decide to prepare for this new population of veterans, of which they have had little if any experience dealing with. This will require training of faculty, staff, and DS staff on the characteristics and needs of these veterans. Although the AD AAA makes it clear that institutions are not required to fundamentally change their programs, but when it comes to veteran accommodations they may need to determine what really is fundamental. Veterans with PTSD and TBI require adjustments (accommodations) to the status quo, yet at the same time they do not want to be coddled (Grossman, 2009). The second challenge for colleges and universities is to develop veteran outreach activities that encourage them to enroll in college, take advantage of earned accommodations, and persist to graduation. They will need to address veterans with disabilities that hesitate to self-identify, that bristle at even being called or considered disabled, but that still need to be informed of campus benefits. Outreach activities should take place at locations where veterans may congregate (on and off campus), on social media cites, and at local military base education centers where possible. Veteran-specific student organizations, clubs, and fraternities may also be developed to inform veterans. For the most part these veterans are not used to the academic culture surrounding MILITARY VETERAN EXPERIENCE 32 disability accommodations and need help reviewing their documented disabilities or help obtaining proper documentation (Grossman, 2009). The next challenge noted is that veterans need someone on campus that can support them when the challenges and rigors of academic life arise. Ideally this would be someone with military experience generally similar to the individual veteran experience. Veterans with disabilities need to have someone they know can relate to their specific needs, and challenges, and be sympathetic to their cause (Grossman, 2009). Finally, colleges and universities need to be up to the challenge that this is an ongoing opportunity to help these current veterans and those that may come in the future. The higher education institutions should realize that America has made a commitment to these veterans and that part of that commitment is to their proper education. The commitment to this opportunity has to stay consistent, perpetual, and always focused on meeting the needs of these veterans with disabilities (Grossman, 2009). Summary There has been a long history established of federal assistance for veterans leaving military service, especially since WWII concluded. The GI Bill® has become a major part of those benefits. The original GI Bill® was a very generous benefit that provided an educational opportunity to millions of veterans following WWII, and literally changed society for generations. The newest version, the Post 9/11 GI Bill®, once again offers a tremendous benefit to veterans transitioning from the military and entering higher education environments around the country. This new GI Bill®, along with the large number of veterans leaving service following the wars in Iraq and Afghanistan, have facilitated the need for change MILITARY VETERAN EXPERIENCE 33 and adaption of student services at these institutions of higher education. Some of these colleges and universities have done better at adapting than others, but the need for all to make the change is required. Reintegration of these veterans into society, and more specifically into education, is critical for their well-being. These veterans almost always need help navigating the challenges faced in a higher education environment. Colleges and universities must change and adapt as society does in relation to veterans. Many of these new veterans coming to higher education have been exposed to combat and may have disabilities, including PTSD and TBI, which will need to be accommodated. Adjustments will need to be made by faculty and staff in order to address the educational needs of these veterans with disabilities. How these adjustments are made, and how effective they are in helping the veterans transition, will impact the experience of both the institutes of higher education the veterans they serve. MILITARY VETERAN EXPERIENCE 34 PURPOSE With the passing of the Post 9/11 GI Bill®, colleges and universities have seen the greatest influx of veterans in higher education since the end of the Vietnam conflict (Cook & Kim, 2009; Rumann & Hamrick, 2009). This new GI Bill® benefit is the most generous since the end of WWII (Radford, 2009) which has resulted in higher veteran enrollment, and has required colleges and universities to adjust policies and procedures to meet the needs of these veterans. In research by Zoli, Maury, and Fay (2015) of more than 8,500 military members and veterans, 92% said that education should play a role in post-service transition. Unfortunately most colleges and universities were inadequately prepared to meet the needs of this new influx of veterans and have been reactive in making the necessary adjustments to meet their needs (Brown & Gross, 2011). Many of these new veterans have returned with disabilities related to their wartime experiences, such as PTSD and TBI, which require additional considerations and accommodations. These veterans with disabilities have both temporary and chronic health issues that have affected their educational experience (Church, 2009). Faculty, staff, and related student services offices need to work together to meet the needs and special accommodations of these veterans with disabilities. The purpose of this study was to detennine veterans/veterans with disabilities perspectives on how well they have been integrated and accommodated at the community college and university level in a western state. The study sought to determine how veterans with disabilities perceive overall services for injured veterans on campus, accommodations and disability services for veterans, and supportive services that allow veterans to persist and graduate from a post-secondary school. MILITARY VETERAN EXPERIENCE 35 The primary research questions were: 1. To what extent do veterans feel that their respective college or university has developed a veteran friendly campus by streamlining the admission, enrollment, and veteran services processes? 2. To what extent do veterans feel faculty and staff have an adequate understanding of the experiences of military veterans and are faculty and staff aware of helpful ways of integrating or reintegrating them into the classroom and into higher education in general? 3. To what extent do veterans perceive that colleges or universities adequately understand and accommodate veterans' with disabilities, specifically those disabilities related to combat related issues such as PTSD and TBI? MILITARY VETERAN EXPERIENCE 36 METHOD To address the purpose of this study, a needs analysis through survey research was conducted using the perspectives of veterans at both a university and community college in a western state. Veteran attitudes and perspectives were gathered related to their experiences during the admissions and emollment processes at their institutes of higher / education. Additionally the participants considered disabled, due to PTSD or TBI, were further queried relating to their specific experiences on campus. The study was conducted using a survey consisting of 4-point Likert scale questionnaire (Appendix A), with follow-up open-ended questions. The Likert scale questions were used to measure the overall perception of veterans' experiences in higher education. The open-ended questions were used to identify common themes and opinions from these same veterans. Additional survey questions were provided for veterans who self-identified as having PTSD and/or TBL The study was of particular interest to the researcher due to past experience in the military, work experience serving veterans on campus, and experience as a student having used GI Bill® benefits for graduate studies. The researcher served in the U.S. Army for over 22 years retiring in 2005, was grandfathered into the Post 9/11 GI Bill® benefits after retirement, and used those benefits in pursuit of a Master of Education degree at a university in a western state. Additionally the researcher is a service-connected veteran with disabilities. The researcher worked with veterans at a university as a staff member in a Department of Education program called Veterans Upward Bound (Department of Education, 2014), and was a member of a university committee of concerned faculty and staff, dedicated to creating a veteran friendly environment. MILITARY VETERAN EXPERIENCE 37 Participants The study surveyed veterans attending a university and a community college in a western state, who were associated with the Veterans Upward Bound (VUB) program at each campus. The survey was distributed to 158 veterans who participated in VUB between 2013 and 2015. Total respondents to the survey were 33, a 23% response rate. As with the military in general, it was anticipated that the majority of the respondents would be male (see Table 1). Part of the survey allowed the veterans to identify whether they had a serviceconnected disability for PTSD and/or TBI. Those that identified themselves as disabled due to PTSD/TBI were further queried, to gather information related to their particular experiences regarding disability accommodations and services on campus. Table I. Respondents by branch and years of service, and by branch and gender. 0-5 years 6-10 years 11-19 years Retired 20+ Male Female Army 4 4 1 1 8 2 Navy 2 1 NIA 1 3 1 Air Force NIA 4 NIA 4 5 3 Marine Corp 5 2 NIA NIA 6 1 Nat. Guard NIA NIA NIA 1 NIA 1 Reserve 1 2 NIA NIA 3 Total 12 13 1 7 25 8 MILITARY VETERAN EXPERIENCE 38 Instruments This research was conducted using a survey of questions related to the veterans' experiences and satisfaction level with campus services, including questions specifically for those veterans who identified themselves as having a service-connected disability (Appendix A). The questionnaire measured levels of satisfaction or dissatisfaction with each topic. No neutral response was offered to the respondents. The researcher's rationale being that the veterans were either satisfied or not with each aspect of their experience on campus. The open-ended questions required a written response that allowed the respondents to express deeper feelings related to the topics. These were used to further identify common themes. Procedure The study identified veterans enrolled in VUB using program specific database software known as Blumen® (Compansol, 2012). The database is used to track the progress of veterans in VUB and was readily available to the researcher. Although the researcher had access to the veterans in the VUB program, Institutional Review Board (IRB) permissions were requested in accordance with institutional procedures. The IRB request included all survey instruments and informed consent forms required for the study. Once approval of the study was given (Appendix B), the researcher obtained a current number ofVUB participants served between 2013 and 2015, and began the survey process. MILITARY VETERAN EXPERIENCE 39 An email was sent to 158 veterans emolled in VUB between 2013 and 2015. The initial email introduced the study and asked each veteran to participate in the survey. The email made clear that their participation in the survey was consent for their data to be used in the study. The veterans were instructed that these surveys would include descriptive information such as background, age, and sex, but that no identifiable information would be published in the results. Of the initial 158 emails sent, 15 were rejected due to invalid emails, and two veterans specifically requested not to be contacted further and were removed from the participant list. The final pool was 141 veterans. One week after the initial email, a second email was sent to each veteran with a link to the survey and they were asked to complete it as quickly as possible. After a two week response period the researcher sent the link again, to offer those veterans who have not yet responded the opportunity to participate. Due to minimal response, the survey link was then sent out two additional times before it was determined that the maximum voluntary response was likely reached. There were a total of 33 completed surveys received, or a 23% response rate approximately. Of those received, eight women veterans completed the survey, or 24%. Unfortunately researchers have found that response rates to online surveys are significantly lower than paper surveys, despite various practices used to lift total responses. It was reported that online surveys had response rates 23 % lower than that of paper surveys (Nulty 2008). Nulty suggests the following procedures as a way to boost response rates from online surveys such as: MILITARY VETERAN EXPERIENCE 1. "Pushing" the survey using an easy access URL sent directly to the participants. 2. Frequent reminders to the participants, at least 3, however some researchers in the study were concerned with irritating the survey population. 3. Involving academics with a vested interest, to remind possible participants. 40 4. Somehow persuading participants that the data from their responses will be used usefully and taken seriously. 5. Providing rewards of some sort, prizes, points, extra credit, etc. But some cautioned that students should do it because it is worth their time, versus extrinsic motivators that may skew the sample. 6. Help students to understand how to give constructive criticism, which can help their open-ended responses. 7. Create surveys that seek constructive criticism, which encourages participation and avoids the pitfalls of simple numerical rating surveys. During the data collection process, some of these tactics were employed to increase response rates. As indicated earlier in this research, multiple emails with an easy to access URL were used, providing frequent reminders, participants were informed that their data would be used to improve the situation of current and future veteran students, and the survey was constrncted in a way that would allow the veterans to provide constrnctive criticism using both a Likert scale survey and follow-up open-ended comments. MILITARY VETERAN EXPERIENCE 41 Based on the researcher's work with veterans for over 10 years prior to this study, the response rate for the current research was not a surprising. Most veterans have been reluctant to participate in extracurricular activities and assignments given through VUB, due to their busy life and their focus on the requirements of their education which effect their grades. In addition, female veterans seem more likely to participate than male veterans. Female veterans made up only 16% of the initial pool of veterans to whom the survey was sent, but responded at a rate of 24%. Additionally, of those who responded 33% indicated they had been diagnosed with PTSD and/or TBI. Data Analysis The survey was administered and gathered over the course of a semester and the results were analyzed. Data were reviewed on a regular basis as the surveys were returned by the respondents. The researcher reviewed the responses for overall concepts, emerging patterns, and overarching categorization. The data were described and interpreted to answer questions posed by the research on the military veteran experience in higher education in a western state. An ecological psychology approach was talcen to analyze the participant's perspectives related to their environment (Boudah, 2011). Ecological psychology is the study of the relationship of humans and their environments, and how that enviromnent affects the inhabitants. In this case the higher education environment and military veterans. The researcher collected the data over time and then coded the data for analysis. During coding the researcher worked to identify patterns, developed categories, and MILITARY VETERAN EXPERIENCE looked for common themes and trends. As new responses crune in, patterns categories and themes were changed and adjusted as necessary. 42 The researcher then moved beyond the patterns, categories and themes to develop a theory based on a review of the causes, consequences, and relationships of the veteran perspective. The researcher brought a theoretical sensitivity to the subject based on past experience in the military and current work with veterans on college and university crunpuses. MILITARY VETERAN EXPERIENCE RESULTS 43 The survey questions were broken down into demographic data, and seven survey sections: (a) overall experience in higher education, (b) website navigation, (c) admissions, (d) enrollment services, (e) veterans services office, (f) faculty awareness/classroom enviromnent/campus life, and (g) service-connected disability. Likert scale answers were gathered, and the respondents were also given the opportunity to comment on each section as well. See the Likert scale results (Appendix C). Demographic Data Based on the survey answers in this section, the researcher received a good mixture of military veterans. Of the respondents, seven indicated they were retired military (typically a minimum of20 years served), one had served 11-19 years, 13 had served 6-10 years, and 12 had served in the military 0-5 years. As to the question of how long each veteran had been out of the military before starting college, nine veterans had been out just 0-6 months, only three 7-12 months, seven had been out 1-2 years, three had been out 3-5 years, and 11 had been out of the military over five years. Of the veterans who responded, 25 were male and eight were female. Combat zone experience was high among respondents, which reflects the fact that the military has been involved in one conflict or another for over a decade. Of the 33 respondents 25 had been deployed to a combat zone, including six of the eight female veterans. There was a fairly even mixture of veteran students attending two or four year postsecondary institutions as well. Of the respondents, 10 were attending a 2-year institution and 13 were attending a 4-year institution. The rest were either imminently MILITARY VETERAN EXPERIENCE 44 graduating, starting school the following semester, or were just not enrolled in school at the time of the survey. The military branch breakdown of the respondents were 10 that had served in the Army, four from the Navy, eight from the Air Force, seven from the Marines, and four who had served in a reserve component. Overall Experience in Higher Education When asked iftheir overall experience in higher education had been positive, nearly 73% either agreed or strongly agreed with the statement, and the remaining 27% disagreed or strongly disagreed. As to whether their school was working to accommodate veterans, 66% either agreed or strongly agreed and the remaining 33% disagreed or strongly disagreed. And finally as to whether veteran programs/benefits have improved since they have been at school, nearly 56% either agreed or strongly agreed, while 44% either disagreed or strongly disagreed. Open ended comments from this section included one from a veteran who said, "Seems to be more difficult once you've been identified as a veteran." Another veteran commented, "Some departments are set up in such a way that Veterans who use their G .I. Bill do not get the full benefits. ([e.g.] the Automotive Department) Some of the classes have 25 hours of seat time for 1 week with homework and is considered part time." Website Navigation The respondents overwhelmingly agreed that their respective college/university website was easy to find online, with 100% that either agreed or strongly agreed. Once they found the site 75% either agreed or strongly agreed that the site was easy to navigate, MILITARY VETERAN EXPERIENCE 45 while 25% reported a negative experience and either disagreed or strongly disagreed that the website was easy to locate. When it came to veteran-specific webpages, 60% either agreed or strongly agreed that it was easy to locate veteran-specific webpages and that they were either in one location or easily linked. Yet 40% disagreed or strongly disagreed, and found the webpages more difficult to locate. The respondents that either agreed or strongly agreed that veteran webpages were clear and understandable was about 73%, with about 27% that disagreed or strongly disagreed. Finally, over 93% of the respondents either agreed or strongly agreed that contact information for Veterans Services was easy to find on the website. When asked to comment about website navigation, one veteran said, "Veterans Services website need[s] a complete makeover. Veterans Upward [B]ound need[s] some life to it, graphics. Still have very old pictures. Out of date. Its 2015 folks." Admissions A clear 100% of the respondents either agreed or strongly agreed that online admissions application was easily fotmd, clear, and understandable. Over 68% either agreed or strongly agreed that the application clearly asked them to identify as a military member or veteran, with approximately 31 % that either disagreed or strongly disagreed that the application clearly asked them to identify as a military member or veteran. The vast majority of the veterans, over 96%, either agreed or strongly agreed that the admissions office was easy to locate on their campus if needed. Approximately 63% either agreed or strongly agreed that the admissions staff was helpful, were able to answer MILITARY VETERAN EXPERIENCE veteran related questions, and understood veteran related procedures while over 36% disagreed or strongly disagreed. 46 Just over 53% of the veterans either agreed or strongly agreed that the procedure to transfer in credit for military experience was clear and understandable, while nearly 47% disagreed or strongly disagreed. As to whether their respective school offered veteran-specific orientations or information sessions, approximately 53% disagreed or strongly disagreed. Nearly 47% agreed or strongly agreed. When asked whether the overall admissions process was veteran friendly, nearly 70% either agreed or strongly agreed that it was, while about 30% disagreed or strongly disagreed that the process was veteran friendly. Comments on admissions included one veteran who said, [About the application] "the box that asks if you are a vet is a small box that most vets don't see." [As to whether the staff was helpful] "When you ask any questions on the phone, as soon as you say you're a vet, they transfer you to Veteran Services, even though your question is about admissions." [In reference to veteran orientation] "Some orientations include a portion for vets, but most don't." Another veteran commented, "I honestly can't remember if Veteran status was an option on the application. The local VA office had to add me as Veteran with school. There is a disconnect somewhere." Enrollment Services When asked about enrollment services, over 85% ofrespondents either agreed or strongly agreed that the online registration process was clear and understandable, with just over 14% disagreed or strongly disagreed. Nearly 94% of the veterans either agreed or strongly agreed that the registrar's office was easy to locate on their respective campus. MILITARY VETERAN EXPERIENCE 47 The veterans were also asked if they had access to an advisor for help planning and choosing courses, as well as assistance in enrolling. Approximately 74% of the respondents either agreed or strongly agreed, with just about 26% that disagreed or strongly disagreed. As to whether the registrar office staff were familiar with veteranspecific needs, only about 45% either agreed or strongly agreed, and 55% didn't feel their needs were met. Over 78% of the veterans surveyed either agreed or strongly agreed that enrollment deadlines, add/drop periods, and the semester schedules were made clear, while approximately 22 % disagreed or strongly disagreed. One veteran said concerning enrollment services, "I specifically had to ask for an adviser with a military background to assist me. It was difficult to process to figure out what classes I needed to finish my degree with the military. The other advisers gave a generic tutorial on general education classes which was helpful to a point. To be fair it was extremely difficult to get assistance from the military." Another veteran commented, "I could find no specific counselor to meet with to plan a course schedule. That was left up to the advisor for the degree you majored in. Getting a meeting with that person is absolutely ridiculous and time consuming. Not easy in the slightest." Veterans Services Office When it came to ease of locating Veterans Services on campus, almost 85% either agreed or strongly agreed that it was no problem, with the remaining 15% who either disagreed or strongly disagreed. Some 78% ofrespondents either agreed or strongly agreed that the staff was friendly, welcoming and knowledgeable on GI Bill® benefits, but the 22% remaining either disagreed or strongly disagreed. The majority of the veterans, just over 77%, either agreed or strongly agreed that procedures for certification of GI MILITARY VETERAN EXPERIENCE Bill® benefits clear and understandable, or they were explained adequately. The remaining 23% either disagreed or strongly disagreed. Nearly 81 % of the respondents either agreed or strongly agreed that the Veterans Services staff helpful in giving guidance for registration each semester, with the remaining 19% either disagreed or strongly disagreed. 48 When asked if problems with GI Bill® benefits were resolved for them in a timely manner, over 84% indicated that they either agreed or strongly agreed, with 16% that either disagreed or strongly disagreed. Comments about Veterans Services Office included one veteran who said, "The Veterans Student Services were very helpful, lmowledgeable and professional." While another commented, "The Veterans Services Office was able to answer my questions and refer me to the appropriate services I required, however, I wondered why other school officials hadn't referred me to Veterans Services first. I could have avoided a lot of confusion and wasted time." Faculty Awareness, Classroom Environment, and Campus Life When asked about whether their school had offered a reintegration program to help with transition, about 57% indicated that their school did not offer this type of program, and either disagreed or strongly disagreed. Only 43% either agreed or strongly agreed that a reintegration program was offered. Over 63% of the respondents either disagreed or strongly disagreed that their professors were aware of veteran resources on campus, with the remaining 3 7% who agreed or strongly agreed that professors were aware. Some 70% of respondents either agreed or strongly agreed that their instructors/professors interacted well with them, and MILITARY VETERAN EXPERIENCE 49 honored the veterans' confidentiality requests. The remaining 30% disagreed or strongly disagreed. When asked if veterans were aware of instructors being trained about what the military experience is like, over 60% either disagreed or strongly disagreed that the instructors had been trained, and only 40% agreed or strongly agreed that they were. As to whether the respondents felt they were treated fairly and respectfully on campus, almost 82% agreed or strongly agreed. The remaining 18% either disagreed or strongly disagreed. About 87% agreed or strongly agreed that they were allowed to share their military experiences when appropriate, while the remaining 13% disagreed or strongly disagreed. Of the veterans that responded, 80% agreed or strongly agreed that allowances were made for specific veteran seating needs. Nearly 82% agreed or strongly agreed that classroom populations are manageable in size and encourage learning, while the remaining 18% veterans disagreed or strongly disagreed. Peer mentoring programs allow veterans to get assistance with coursework, directly from other veteran students. Just over 64% of the respondents agreed or strongly agreed that their school had a peer mentoring program for support of veterans, while almost 36% disagreed or strongly disagreed. In addition, over 65% of the veterans agreed or strongly agreed that their school had a relationship with veteran service organizations, such as The American Legion, Disabled American Veterans, and the Veterans ofForeign Wars, that can assist veterans in obtaining further benefits, with the remaining respondents disagreed or strongly disagreed. Also, about 87% of the respondents agreed or strongly agreed that their school allowed the Veterans Administration (VA) to have a MILITARY VETERAN EXPERIENCE presence on campus to assist with things such as mental health counseling, education benefits, veterans with disabilities' benefits. 50 In regards to Student Veteran Organizations (SVO), about 47% agreed or strongly agreed that they were aware their school had a SVO on campus, but about 53% disagreed or strongly disagreed. Many colleges offer a "one-stop-shop" for any resource on campus related to veterans, such as Veteran Services, VUB, Admissions, Registration, and Disability Services. This helps the veterans by providing a streamlined process for administrative offices and support resources needed while applying for and attending college. Just 58% of veterans agreed or strongly agreed that their school offered such a resource, while the remaining 42% disagreed or strongly disagreed. When asked to comment on faculty awareness, classroom environment, and campus life, a veteran commented "A one-stop shop for veterans/military issues would be very beneficial." Another veteran commented, "The VA office was moved from the student services building to a building on the outskirt of campus. It should be co-located with other student services. Their current facilities are inadequate for study or parking. I pushed hard to assist and establish a veteran student organization with no luck. Finally, it was hard transition from the "military life" and it would have been nice to have a fellow Vet as a mentor." Another veteran said, "Veterans services are on opposite ends of the campus and not located "on campus" per se. The Veterans Services Office used to be located in the administration building on campus and it was more convenient to walk between the registrars, cashier, and Vet services when problems or questions arose, but MILITARY VETERAN EXPERIENCE last summer is was moved outside of the building and it now seems disconnected from the school." Service-connected Disability Of those that responded to this question of the survey, just over 35% (11) indicated that they had been diagnosed with PTSD, TBI, or a combination of the two illnesses. Nearly 83% of these veterans with disabilities agreed or strongly agreed that the staff of Disability Services, at their campus, were friendly, welcoming, and had an understanding of veteran-specific disabilities. 51 About 71 % of the veterans with disabilities agreed or strongly agreed that Disability Services staff had an understanding of the cognitive difficulties related to PTSD/TBI, and were trained to counsel veterans, while the remaining veterans with disabilities disagreed or strongly disagreed. As to whether Disability Services helped veterans deal with the stigma related to being "disabled", almost 74% agreed or strongly agreed, and the remaining 26% either disagreed or strongly disagreed. Over 82% of the veterans with disabilities agreed or strongly agreed that Disability Services coordinated with the VA to properly accommodate the veterans with disabilities on campus, while almost 18% disagreed or strongly disagreed. Just over 83% of veterans with disabilities agreed or strongly agreed that classroom accommodations are given to veterans with PTSD/TBI diagnoses, while nearlyl 7% disagreed or strongly disagreed. About 84% agreed or strongly agreed that test-taking and test location accommodations were given to veterans with these diagnoses, with the remaining that either disagreed or strongly disagreed. Finally, when asked whether Disability Services collaborates to educate other campus professionals MILITARY VETERAN EXPERIENCE 52 about veterans with disabilities' needs, 80% of the veterans with disabilities agreed or strongly agreed that they did, and 20% disagreed or strongly disagreed. Of those veterans that indicated they had either PTSD or TBI, one commented "If provisions are available at Weber State University for Disabled Veterans I am not aware of them." And finally, another commented "I experienced Sexual trauma in the military and received disability accommodations finally after three years at college. It would be helpful to have a female Psychologist for female veterans. I don't feel comfortable sharing my anxiety issues with a male." Table 2. Summary of responses by survey section, with the totals by section and response type. Section Strongly Agree Disagree Strongly Survey Sections Responses Agree Disagree a. Overall 93 27 34 14 18 Experience (3) b. Website 155 36 88 22 9 Navigation (7) c. College 224 48 111 43 22 Admissions (7) d. Enrollment 152 29 86 26 11 Services ( 5) e. Veteran Services 153 57 67 20 9 Office (5) f. Faculty 388 82 167 92 47 Awareness/ Classroom Environment (13) g. Service- 147 64 53 12 18 connected Disability (7) MILITARY VETERAN EXPERIENCE DISCUSSION 53 As seen in the review of previous research on this subject, the study found that with the passing of the Post 9/11 GI Bill®, colleges and universities have seen the greatest influx of veterans in higher education since the end of the Vietnam conflict, some 40 years ago (Cook & Kim, 2009; Rumann & Hamrick, 2009). In research by Zoli, Maury, and Fay (2015) of the more than 8,500 military members and veterans who participated, 92% indicated that education should play a role in post-service transition. This new GI Bill® has resulted in higher veteran enrollment, and has required colleges and universities to adjust policies and procedures to meet the needs of these veterans. The previous research found that most colleges and universities across the country were inadequately prepared to meet the needs of this new influx of veterans and had been reactive in making the necessary adjustments to meet their needs (Brown & Gross, 2011). Research also showed a need for improvement in areas related to veterans such as assisting veterans' transition to college, developing faculty and staff awareness of veteran specific issues, meeting the needs of veterans with military related disabilities, assisting re-enrolling veterans, and providing peer to peer experiences for veterans (Cook & Kim, 2009). Previous research also suggested that institutions that encourage veterans to selfidentify early, ensure veteran program administrators are adequately trained, and that other staff and administration are trained on the new GI Bill®, tend to have more effective programs for veterans. The university should employ disability and mental health staff who understand veterans' issues, have consistent policies for college credit for military MILITARY VETERAN EXPERIENCE training, have veteran specific orientations and informational sessions, and encourage veteran student organizations on campus (Steel, Salcedo, & Coley, 2010). 54 The current study provided an opportunity to obtain the perspective of the veterans, in one western state, as to how their respective college or university was adapting to this change. The study sought to determine veteran/veterans with disabilities' perspectives as to what extent they have been integrated and accommodated at the community college and university level. In addition, the purpose of the study was to also determine how veterans with disabilities perceive overall services for injured veterans on campus, accommodations and disability services for veterans, and supportive services that allow veterans to persist and graduate from a post-secondary school. Specifically the study sought to determine to what extent the institutions of higher education have developed a veteran friendly campus, determine to what extent does the institutional faculty and staff have an adequate understanding of the military experience, are reintegrating veterans into the classroom and into higher education in general, and to determine to what extent do the institutions adequately understand and accommodate veterans with service-connected disabilities such at PTSD and TBI. What the current study demonstrated is that progress has been made in relation to this study group but there is still room for improvement, and that colleges and universities should continue to move in a positive direction. These institutions should focus on improving all aspects of interaction with military veterans to include improving the veteran experience through proper integration, user friendly web-based resources, veteran-specific admissions and registration procedures, proactive veteran services, faculty and staff awareness and training, developing a welcoming classroom MILITARY VETERAN EXPERIENCE environment, improved veteran integration in campus life, and also improved disability services and accommodations for veterans witb disabilities. Implications of the Results 55 There are very meaningful reasons why institutions should do tbe best job possible when serving, managing, and educating veterans. As pointed out in the previous research reviewed, Brown and Gross (2011) showed that successful management of military students brings benefits to all involved: the student; the academic institution; and the community. The study sought to measure how the veterans felt that the institutions of higher education were doing in that respect. Overall, the results of tbe current research on the veteran perspective was quite positive. The survey results indicated that, in general, there were 949 (72 % ) positive responses to survey questions and 363 (28%) negative responses (Appendix C). This by no means indicates that there have been no negative impacts on veterans at the institutions involved, but it demonstrates tbat strides are being made in a positive direction when it comes to the veteran experience at the these schools. A portion of the survey addressed the research question related to how the veterans felt their respective college or university had developed a veteran friendly campus through streamlining the admission, enrollment, and veteran services processes. When it came to the admissions process, most of the survey participants felt that the admissions process was generally smooth and could be viewed as veteran-friendly, but over one-third of the veterans thought that the admissions staff was not helpful and lacked understanding of veteran-specific issues. Also a clear procedure for transferring credit for military experience is warranted, based on tbe nearly one-half of veterans MILITARY VETERAN EXPERIENCE 56 unsatisfied with that process. This would indicate that staff training related to veteranspecific issues and problems that arise could reduce that level of dissatisfaction. Another possible option would be to have a staff member with military experience available to assist veterans. The admissions process is likely the first stumbling block that these veterans have in starting their higher education journey, so it is incumbent on the institutions to ensure veterans are welcomed, treated fairly, and that veteran needs are being addressed. Once admitted to an institute of higher education, veterans must tackle the enrollment process and find coursework suited for their chosen academic major. This can be a daunting task for veterans, many of whom have never been in a higher education environment. Over one quarter of the veterans responding to the survey felt that they did not have access to an advisor that would work with them in choosing and enrolling in courses. It is critical that veterans are advised properly, given the fact that their GI Bill® benefits are finite. Veterans cannot afford to waste time or money on coursework unrelated to their major. In addition over one half of the respondents felt that the registrar staff was unfamiliar with veteran-specific needs. If a staff member is unaware of the VA policy (e.g. against paying for courses unrelated to the veteran's major) and improperly advises the veteran, then it may create financial for the veterans. Again, training on veteran related issues and/or the presence of a veteran staff member may mitigate these kinds of problems. Veterans Services is a critical part of the veteran experience on the community college and university campus, especially for those veterans using GI Bill® benefits. It can become financially difficult on veterans if they have issues with receiving their MILITARY VETERAN EXPERIENCE educational benefits, so Veterans Services must be efficient when certifying veterans' benefits. 57 Most survey responses relating to Veteran Services were positive, but some found that veteran services was hard to locate, that the staff was unfriendly, and that the process for obtaining GI Bill® benefits was not clear or explained properly. Some also had trouble getting proper guidance from Veteran Services during registration each semester, or when veterans experienced problems with receiving GI Bill®benefits, the problems were not resolved in a timely manner. Not all veterans will be satisfied with how a particular process unfolds, but veterans utilizing Veteran Services on campus should feel that the staff there are on the veterans' side to the best extent possible. Veteran Services should viewed by the veterans as an ally on campus, and staff should do the utmost to accommodate veteran needs. This office should be a safe haven where veterans can come for support when they are frustrated by other campus services and procedures. Interaction with instructors and professors make up most of the personal contact veterans have in higher education. Ideally they should have some knowledge about veteran issues and resources available. The second research question attempted to determine if veterans felt faculty and staffhad an adequate understanding of the experiences of military veterans. Additionally, the study attempted to determine veterans' perception as to whether the faculty and staff were aware of helpful ways of integrating or reintegrating them into the classroom and into higher education in general. Some of the difficulties that veterans face in higher education involve under informed MILITARY VETERAN EXPERIENCE faculty, their negative classroom experiences, and general non-involvement in campus life and activities. 58 The researcher believes that it is critical to the long-term viability of veteran students, for them to be understood, accommodated, and integrated into these institutions. Over one half of the veterans indicated that their respective school either did not have an integration program, or if it did they were unsatisfied with results. In addition, nearly two thirds of veteran respondents indicated that their instructors and professors were unaware of veteran resources on campus. All staff and faculty should be aware of resources that benefit veterans, which can serve to make things easier on the veteran, staff, and faculty. The study results indicate that over one half of the veterans in the survey perceived that the faculty were not adequately trained to understand the military experience. Some colleges across the country have establish a "basic training" type program for faculty to help them be more aware of different aspects of the military experience, to help them to understand and be sympathetic. For example Purdue University, and the Veterans Success Center there, offers "Green Zone Training" to discuss what it means to serve and what veterans bring to campus. With fewer and fewer staff and faculty having military experience themselves, a program like this would be beneficial and enlightening as more veterans pursue higher education. On a positive note, the veterans overwhelmingly felt that they were treated fairly and respectfully, and were given the opportunity to share their experiences when they felt comfortable doing so in class. Approximately 30 % of the veterans who responded did not feel that the faculty honored the veterans' confidentiality requests. Some veterans really want to blend into MILITARY VETERAN EXPERIENCE 59 the fabric of the campus and do not feel comfortable being singled out or identified as a military veteran. Faculty should be sensitive to this on an individual basis, and avoid calling attention to a veteran who may not want to be identified that way. Some veterans are uncomfortable speaking of their military experiences in class, or relating it to their education, especially if it involves combat experiences. Although if comfortable in sharing, veterans' experiences can contribute to classroom learning environment and to the learning experience of all students overall, so faculty need to be sensitive and aware. Peer mentoring and student veteran organizations are other programs that have been beneficial to veterans on campuses across the country. Veterans learning and being mentored by other veterans can be another way to increase retention of veterans at the respective college or university. Organized student groups can give similar kinds of support to veterans (e.g. Student Veterans of America). An experienced veteran in college can help newer student veterans get through the difficult times by showing these fellow veterans how they survived themselves. Over one third of the veterans in the survey did not feel that there was a sound peer mentoring program, or at least an effective one at their respective schools. In addition, over one half of the veterans in the study indicated that their school did not have an adequate student veteran's organization. This study also attempted to determine how veterans with disabilities perceived their college or university understood and accommodated veterans' disabilities, specifically those related to combat related issues such as PTSD and TBI. Recent casualty statistics reported to congress indicate that, approximately 118,829 military members/veterans deployed between 2000 and 2014 were diagnosed MILITARY VETERAN EXPERIENCE 60 with PTSD. During the same period 307,283 were diagnosed with some form ofTBI (Fischer, 2014). In the study by Zoli, Maury, and Fay (2015), the researchers reported over 3.9 million veterans had been identified as disabled by the Veterans Administration (VA). Of those, 43% were from the Gulf War era and beyond. Additionally, of the more than 8,500 respondents 58% reported a service related disability. Of the veterans that reported a service-connected disability, 79% indicated that the disability created obstacles for them as they transitioned to civilian life. In regards to pursuing higher education, 12% indicated the disability hindered beginning higher education, and 28% said the disability created obstacles in completing higher education (Zoli, Maury, and Fay, 2015). It is critical that colleges and universities across the country find ways to accommodate these military veterans who may be attending to their institutions, but especially those with these unseen disabilities. The Disability Services (DS) offices on campus will need to take a leading role in this accommodation. The DS staff should be at the forefront when it comes to service-connected veterans with disabilities. In this study, of the veterans who identified as being disabled due to PTSD and/or TB!, over 82% agreed that DS staff at their campus were friendly and welcoming, and had an understanding of veteran-specific disabilities. It was by no means unanimous, with about 18% disagreeing, so there is room for improvement. The DS staff also seemed to have at least some understanding of the cognitive difficulties of those veterans experiencing PTSD/TBI issues, and these veterans felt the staff had adequate training to counsel them in relation to these issues. The DS staff was also widely viewed as being helpful to veterans struggling with the stigma that is felt by being called "disabled". MILITARY VETERAN EXPERIENCE 61 The results indicate that most of the veterans with disabilities were receiving accommodations in the classroom, and for test-taking, as well as these veterans feeling positive about how the DS staff educated other campus professionals about veterans with disabilities' needs. There were some veterans that disagreed, but the majority seemed to have had a positive experience with Disability Services. There were 14 7 combined responses to survey questions related to veteran disability, with 117 (79%) being positive in nature. The DS office and staff seem to be serving veterans adequately, with room to improve. Limitations Although the surveys were conducted in only one western state, the researcher believes that the results can be viewed in the broader context in that improvements are being made in higher education for this new influx of veterans. Others may argue that the results of the research are not adequately generalizable based on the sample size. The researcher agrees that the response rate for the survey was not ideal, but given that overall response rates for online surveys are traditionally low, the researcher felt that there were enough data to proceed. Veterans tend to focus on what directly effects their education, and therefore if the veteran does not see a relation to coursework and grades they tend to be less interested in extracurricular inquiries (Quaye & Harper, 2014). In reviewing the demographic data, it appears that there was a well-represented sample of our military, in years served, branch of anned service, deployment to combat zones, and gender. There appeared to be few if any over-represented veterans in the specific categories, other than females (see Table 1). MILITARY VETERAN EXPERIENCE 62 Future Research The study can be expanded by conducting future research to include more colleges and universities in different regions of the country. Including more veterans in varied geographical and demographically diverse areas of the country would build a broader picture of how higher education is doing in serving, managing, and educating veterans. Future research could also include the use of varied survey tools including online surveys, mailed surveys, convenience surveys, one-on-one interviews, and group discussions. The study sought to measure only the perspective of the veterans from the beginning of the research project, using a convenience sample of Veterans Upward Bound (VUB) participants. Future research could also measure the perspectives of institutional staff and faculty as well as a broader spectrum of veterans, in order to identify any possible disconnects and common ground between veteran and institutional perspectives. An institution of higher education may believe that it is doing all it can to adequately serve veterans, whereas the veterans feel that there is room to improve. This needs analysis was undertalcen to inform the institutions of higher education regarding the perspectives of military veterans. It will infonn universities, and the entities that support those veterans, ways to improve the veteran experience. Additionally, the results will provide a veteran perspective in hopes of better meeting the needs of college and university veterans. It is recommended that future research will review these data and aslc additional questions of the veterans and university faculty and staff to better support those who have served on the country's behalf. MILITARY VETERAN EXPERIENCE 63 Summary The study began with historical background and context on the GI Bill® from the beginning in 1944, to the present configuration. With the newest iteration of the GI Bill® and the generous benefits to veterans, colleges and universities are seeing higher enrollment by military veterans than they have since the conclusion of the Vietnam Conflict (Cook & Kim, 2009; Rumann & Hamrick, 2009). The literature review showed that institutions of higher education were ill prepared to meet the needs of this new influx of veterans, and had been reacting to the challenge rather than being proactive and anticipating changes that needed to be made. In addition, due to higher rates of survivability in combat, many of the veteran students entering higher education now have returned from conflict with injuries and illnesses such as PTSD and TBI. Previous research showed that nearly 85% of those receiving combat injuries are surviving due to advances in protective body armor, use of coagulants, and advances in the military medical evacuation system (Madaus, Miller II, & Vance, 2009). In the current study, the researcher sought to measure the veteran perspective as to how the institutions of higher education are doing in relation to serving veterans in general, as well as veterans with disabilities. The study findings were more positive than expected, based on prior research, with 949 (72%) positive responses to survey questions and 363 (28%) negative responses (see appendix A). This could plainly be an indicator that the institutions of higher education in the western state involved are doing better than elsewhere, or a broader indicator that the veteran experience is improving generally. MILITARY VETERAN EXPERIENCE 64 The current research showed that improvements were being made, based on the perspective of the veterans involved. The responses to the research survey were generally positive, with some exceptions. This indicates that the institutions where these veterans have attended, are making strides in a positive direction. Responses from the survey participants did show that there are many areas relating to veterans that have room for improvement though. It is the intent of the researcher to make these results available to higher education institutions, in order to facilitate the needed improvements. The results also indicated that most of the veterans with disabilities were mostly positive about the institutions meeting veterans with disabilities' needs. There were some veterans that disagreed, but the majority seemed to have had a positive experience with Disability Services on campus. As reported earlier in the study, there were 14 7 combined responses to survey questions related to veteran disability, with 117 (79%) being positive in nature. The DS office and staff seem to be serving veterans adequately, with room to improve. The researcher has concluded that there are still challenges ahead for veterans in higher education, but that the process in moving in a positive direction. Veterans are seeing these improvements and are becoming more optimistic in their outlook. The more optimistic that veterans become, the better the retention and graduation rates will become. Colleges and universities must work hand-in-hand with the veterans to improve the experience for faculty, staff, and student veterans in the future. The individtial veteran student, the higher education institutions, and the community at large will benefit from these improvements. MILITARY VETERAN EXPERIENCE REFERENCES 65 American Council on Education (2010). Accommodating student veterans with traumatic brain injury and post-traumatic stress disorder: Tips for campus faculty and staff. Retrieved from http://www.acenet.edu/news-room/Documents/AccommodatingStudent- Veterans-with-Traumatic-Brain-Injury-and-Post-Traumatic-StressDisorder. pdf Boudah, D. J. (2011). Conducting educational research: Guide to completing a major project. Thousand Oaks, CA: Sage Publications, Inc. Brown, P.A., & Gross, C. (2011). Serving those who have served-Managing veteran and military best practices. The Journal of Continuing Higher Education, 59, 45- 49. doi:l0.1080/07377363.2011.544982 Burnett, S. E., Segoria, J. (2009). Collaboration for military transition students from combat to college: It takes a community. Journal of Postsecondary Education and Disability, 22(1), 53-58. Church, T. E. (2009). Returning veterans on campus with war related injuries and the long road back home. Journal of Postsecondary Education and Disability, 22(1 ), 43-52. Compansol, 2012. Bltunen® software. Retrieved from http://compansol.com/product.php Cook, B. J., & Kim, Y. (2009). From soldier to student: Easing the transition of service members on campus. Retrieved from http://www.acenet.edu/newsroom/ Documents/From-Soldier-to-Student-Easing-the-Transition-of-ServiceMembers- on-Campus. pdf MILITARY VETERAN EXPERIENCE Department of Education (2014). Veterans Upward Bound. Retrieved from http://www2.ed.gov/programs/triovub/index.html Department of Veterans Affairs (2014a). Education: Benefits for veterans education. Retrieved from http://www.benefits.va.gov/REPORTS/abr/ABR-EducationFY13- 09262014.pdf Department of Veterans Affairs (2014b). Service-connected disabled veterans by disability rating group: FY 1986 to FY 2013. Retrieved from http://www.va.gov/vetdata/V eteran _Population.asp Department of Veterans Affairs (2013). Education and training: History and timeline. Retrieved from http://www.benefits.va.gov/gibill/history.asp DiRamio, D., & Spires, M. (2009). Partnering to assist disabled veterans in transition. New Directions for Student Services, 126, 25-34. doi:l0.1002/ss.319 66 Ellison, M. L., Mueller, L., Smelson, D., Corrigan, P. W., Torres Stone, R. A., Bokhour, B. G., Najavits, L. M., Vessela, J.M., & Drebing, C. (2012). Supporting the educational goals of post-9/11 veterans with self-reported PTSD symptoms: A needs assessment. Psychiatric Rehabilitation Journal, 35(3), 209-217. Fischer, H. (2014). A guide to U.S. Military casualty statistics: Operation new dawn, operation Iraqi freedom, and operation enduring freedom. Congressional Research Service. Retrieved from http://fas.org/sgp/crs/natsec/RS22452.pdf Grossman, P. D. (2009). Forward with a challenge: Leading our campuses away from the perfect storm. Journal of Postsecondary Education and Disability, 22(1 ), 4-9. MILITARY VETERAN EXPERIENCE Madaus, J. W., Miller II, W. K., & Vance, M. L. (2009). Veterans with disabilities in postsecondary education. Journal of Postsecondary Education and Disability, 22(1), 10-17. Mettler, S. (2005). Soldiers to citizens: The G.I. Bill and the making of the greatest generation. New York, NY: Oxford University Press, Inc. Military.com (2006). GI Bill turns 62. Retrieved from http://www.military.com/N ewsContent/O, 13319,1023 83 ,00.html Nulty, D. D. (2008). The adequacy ofresponse rates to online and paper surveys: what can be done? Assessment & Evaluation in Higher Education, 33(3), 301-314. 67 Ostovary, F., & Dapprich, J. (2011). Challenges and opportunities of operation enduring freedom/operation Iraqi freedom veterans with disabilities transitioning into learning and workplace enviromnents. New Directions for Adult Continuing Education, 132, 63-73. doi:I0.1002/ace.432 Post-9/11 GI Bill overview (n.d.). Retrieved from http://www.military.com/education/gibill/ new-post-911-gi-bill-overview.html Quaye, S. J., & Harper, S. R. (2014). Student engagement in higher education: Theoretical perspectives and practical approaches for diverse populations. New York, NY: Routledge. Radford, A. W. (2009). Military service members and veterans in higher education: What the new GI Bill may mean for postsecondary institutions. Retrieved from http://www. acenet. edu/news-room/Documents/Military-Servi ce-Members-and- V eterans-in-Higher-Education. pdf MILITARY VETERAN EXPERIENCE Rumann, C. B., & Hamrick, F.A. (2010). Student veterans in transition: Re-enrolling after war zone deployments. The Journal of Higher Education, 81 ( 4), 431-458. 68 Rumann, C. B., & Hamrick, F.A. (2009). Supporting student veterans in transition. New Directions for Student Services, 126, 25-34. doi:l0.1002/ss.313 Steele, J. L., Salcedo, N., & Coley, J. (2010). Service members in school: Military veterans' experiences using the Post 9/11 GI Bill and pursuing postsecondary education. Retrieved from http://www.acenet.edu/newsroorn/ Documents/Service-Mernbers-in-School-Executi ve-Surnmary-2010. pdf Tanielian, T., & Jaycox, L. H. (2008). Invisible wounds: Psychological and cognitive injuries, their consequences, and services to assist Recovery. Retrieved from http://www.rand.org/content/darn/rand/pubs/monographs/2008/RAND MG720.pd f Vance, M. L., & Miller II, W. K. (2009). Serving wounded warriors: Current practices in postsecondary education. Journal of Postsecondary Education and Disability, 22(1 ), 18-35. Zoli, C., Maury, R., & Fay, D. (2015). Missing perspectives: Servicemembers' transition from service to civilian life. Institute for Veterans & Military Family Members, Syracuse University. MILITARY VETERAN EXPERIENCE APPENDICES Appendix A: Veterans Survey Questions Appendix B: IRB Approval Letter Appendix C: Survey Results Spreadsheet 69 MILITARY VETERAN EXPERIENCE APPENDIX A Veterans Survey Questions Veteran Experience Questions and Comments All survey questions (except open-ended comments) will have one of the following responses: Strongly Agree, Agree, Disagree, and Strongly Disagree, Not Applicable (N/A). a. Overall Experience in Higher Education 1. My overall experience on the campus has been positive. 2. My school seems to be working to accommodate military veterans. 3. Veteran programs/benefits have improved since I've been at my school. b. Website Navigation 4. The website for the college/university was easy to find online. 5. Once fmmd, the website was easy to navigate once found. 70 6. It was easy to find veteran specific web pages, they were one location and/or were easily linked. 7. Information on the veteran pages was clear and tmderstandable. 8. Contact information for Veteran Services was easy to find. c. Admissions 9. The online admissions application was easy to find, and was clear and understandable. 10. The application clearly asks individuals to identify as a military member or veteran. 11. When needed the admissions office was easy to locate. MILITARY VETERAN EXPERIENCE 12. The admissions staff was helpful, able to answer veteran related questions, and understand veteran related procedures. 71 13. Procedures for military experience transfer credits were clear and understandable. 14. The college/university offered veteran specific orientations of information sessions. 15. Overall the admissions process was veteran friendly. d. Enrollment 16. The online course registration process was clear and understandable. 17. The registrar's office was easy to find on campus. 18. Veterans have access to an advisor to help plan, choose proper courses, and enroll in classes. 19. Staff from the registrar's office is familiar with veteran-specific needs. 20. Enrollment deadlines, add/drop periods, and semester schedule were made clear. e. Veteran Services Office 21. The Veterans Services Office was easy to find on campus. 22. The Veterans Services staff were friendly and welcoming, were knowledgeable with all aspects of the GI Bill®. 23. Campus procedures for GI Bill® certification were clear and understandable or were explained. 24. The Veteran Services staff were helpful in giving guidance for registration each semester. 25. Problems with my GI Bill® benefits were resolved in a timely manner. f. Faculty Awareness/Classroom Environment/Campus Life MILITARY VETERAN EXPERIENCE 72 26. The college/university offered a (re)integration program to help veterans transition into higher education. 27. Instructors/Professors are familiar with veteran resources on campus. 28. Instructors/Professors interact well with veteran students and honor veterans' confidentiality requests. 29. Instructors/Professors have been trained on what the military experience is like. 30. Military veteran students are treated fairly and respectfully on campus. 31. Instructors/Professors allow veterans to share military experiences when appropriate. 32. Allowances are made for specific veteran seating needs when necessary. 33. Class populations are manageable in size and encourage learning. 34. The college/university has a peer mentoring program providing veteran to veteran support. 35. The college/university has a relationship with Veteran Service Organizations (American Legion, DAV, VFW, etc.). 36. There is an established veteran student organization on campus. 37. The college/university allows the Veterans Administration (VA) to have a presence on campus. 38. The college/university has a "one stop shop" where veterans can go for services. Disabled Veteran Experience Questions and Comments g. Disability Services 1. The Disability Services staff was friendly and welcoming, and understands veteran specific disabilities. MILITARY VETERAN EXPERIENCE 2. Disability Services staff understands cognitive difficulties related to PTSD/TBI, and have been trained to counsel veterans with PTSD/TBI. 3. Disability Services helps veterans to deal with the stigma related to being "disabled". 4. Disability Services coordinate with the VA to properly acconnnodate disabled veterans. 5. Classroom acconnnodations are given to veterans with documented PTSD/TBI diagnoses. 6. Test taking and testing location accommodations are given to veterans with documented PTSD/TBI diagnoses. 7. Disability Services staff collaborates well with other campus professionals to educate them on disabled veteran needs. 73 MILITARY VETERAN EXPERIENCE APPENDIXB WEBER STATE UNIVERSITY Institutional Review Board April 29, 2015 Daniel Czech MC 4401 Weber State University Ogden, UT 84408 Daniel, Your project entitled "The Military Veteran Experience in Higher Education" has been reviewed and is approved as written. The project was reviewed as "exempt" because it involves using curriculum and assessments which would normally be used. Subjects are considered adults and may choose not to participate. Informed consent is required for participation. Notification of the study and how data will be reported are appropriate. No individual subject data will be revealed. All subject information will be confidential. Dr. Williams is the chair of the committee who will oversee this study. Anonymity and confidentiality are addressed appropriately, and the type of information gathered could not "reasonably place the subjects at risk of criminal or civil liability or be damaging to the subjects' financial standing, employability, or reputation" (Code of Federal Regulations 45 CFR 46, Subpart D.) You may proceed with your study when district/site approval is given. Please remember that any anticipated changes to the project and approved procedures must be submitted to the !RB prior to implementation. Any unanticipated problems that arise during any stage of the project require a written report to the !RB and possible suspension of the project. A final copy of your application will remain on file with the !RB records. If you need further assistance or have any questions, call meat 626-7370 or e-mail me at lgowans@weber.edu. Sincerely, Linda Gowans, Ph.D. Chair, Institutional Review Board, Education Subcommittee 74 MILITARY VETERAN EXPERIENCE Title of Project: Primary Investigator(s): Approval Number: Reviewer: Date: April 29, 2015 The Military Veteran Experience in Higher Education Daniel Czech 15-ED-088 Linda Gowans, Ph.D. Chair, Institutional Review Board Education Subcommittee COMMITTEE ACTION YOUR PROPOSAL (PROJECT) AND CONSENT DOCUMENTS HA VE BEEN RECEIVED AND CLASSIFIED BY THE HUMAN SUBJECTS IN RESEARCH COMMITTEE AS: _High Risk __ Moderate Risk _X _Low Risk BY THE FOLLOWING PROCESS: _Full board review_ Expedited review_X_Exemption THE PROJECT HAS BEEN: _x Approved __ Not Approved COMMENTS: See Attached Approval Letter Linda Gowans, Ph.D. --- IRB EDUCATION SUBCOMMITTEE CHAIR INVESTIGATOR'S RESPONSIBILITY AFTER COMMITTEE ACTION 75 The federal regulations provide that after the committee has approved your study, you may not make any changes without prior committee approval except where necessary to eliminate apparent immediate hazards to the subjects. Further, you must report to the committee any changes that you make and any unanticipated problems involving risks to subjects or others that arise. 4/29/2015 REVIEW DATE MILITARY VETERAN EXPERIENCE 76 APPENDIXC Su rvey R esul tsS > prea ds heet Survey Section Question Strongly Agree Disagree Strongly N/A Total (excluding Number Agree Disagree N/A) a. Overall . . ·· .·.I ••••• . ·:· ' -' . ·. .·· .· . . . Experience . · . . ' . . . . .·· . . • 1 12 12 5 4 0 33 2 11 11 4 7 0 33 3 4 11 5 7 6 27 b. Website . . . . ·. ·.· . . . · . . •. Navigation . ··. . . . . . 4 10 22 0 0 1 32 5 5 19 8 0 1 32 6 5 13 9 3 3 30 7 6 16 4 4 3 30 8 10 18 1 2 2 31 College . ·. . · . c. . . . ' • . Admissions ·.·. . . · . . I . .· . 9 7 22 0 0 4 29 10 6 16 8 2 1 32 11 10 22 1 0 0 33 12 4 17 8 4 0 33 13 6 11 10 5 0 32 14 7 8 10 7 1 32 15 8 15 6 4 0 33 d. Enrollment . I . . ' ': < ·. I . I ' I . Services . .• . · . . .· . . . ·.· . ' . 16 5 19 2 2 4 28 17 9 21 2 0 0 32 18 7 16 7 1 0 31 19 1 12 11 5 3 29 20 7 18 4 3 0 32 e. Veteran Services Office 21 11 17 4 1 0 33 22 12 13 5 2 1 32 23 12 12 5 2 2 31 24 13 12 4 2 2 31 25 9 13 2 2 7 26 MILITARY VETERAN EXPERIENCE 77 f. Faculty Awareness/ Classroom Environment 26 1 11 9 7 5 28 27 3 8 13 6 3 30 28 8 13 4 5 2 30 29 2 5 14 6 6 27 30 6 21 5 1 0 33 31 8 19 3 1 2 31 32 7 13 4 1 8 25 33 11 16 4 2 0 33 34 7 11 8 2 4 28 35 5 14 8 2 3 29 36 5 10 10 7 1 32 37 9 18 2 2 1 31 38 10 8 8 5 1 31 g. Service-connected Disability 1 10 9 1 3 9 23 2 9 6 3 3 11 21 3 9 8 3 3 9 23 4 10 9 1 3 9 23 5 8 7 1 2 14 18 6 10 6 1 2 13 19 7 8 8 2 2 12 20
Die Inhalte der verlinkten Blogs und Blog Beiträge unterliegen in vielen Fällen keiner redaktionellen Kontrolle.
Warnung zur Verfügbarkeit
Eine dauerhafte Verfügbarkeit ist nicht garantiert und liegt vollumfänglich in den Händen der Blogbetreiber:innen. Bitte erstellen Sie sich selbständig eine Kopie falls Sie einen Blog Beitrag zitieren möchten.
Timothy Mitchell on Infra-Theory, the State Effect, and the Technopolitics of Oil
This is the first in a series of Talks dedicated to the technopolitics of International Relations, linked to the forthcoming double volume 'The Global Politics of Science and Technology' edited by Maximilian Mayer, Mariana Carpes, and Ruth Knoblich
The unrest in the Arab world put the region firmly in the spotlights of IR. Where many scholars focus on the conflicts in relation to democratization as a local or regional dynamic, political events there do not stand in isolation from broader international relations or other—for instance economic—concerns. Among the scholars who has insisted on such broader linkages and associations that co-constitute political dynamics in the region, Timothy Mitchell stands out. The work of Mitchell has largely focused on highly specific aspects of politics and development in Egypt and the broader Middle East, such as the relations between the building of the Aswan Dam and redistribution of expertise, and the way in which the differences between coal and oil condition democratic politics. His consistently nuanced and enticing analyses have gained him a wide readership, and Mitchell's analyses powerfully resonate across qualitative politically oriented social sciences. In this Talk, Timothy Mitchell discusses, amongst others, the birth of 'the economy' as a powerful modern political phenomenon, how we can understand the state as an effect rather than an actor, and the importance of taking technicalities seriously to understand the politics of oil.
Print version of this Talk (pdf)
What is, according to you, the biggest challenge / principal debate in current globally oriented studies? What is your position or answer to this challenge / in this debate?
I'm not myself interested in, or good at, big debates, the kinds of debates that define and drive forward an academic field. The reason for that is partly that once a topic has become a debate, it has tended to have sort of hardened into a field, in which there are two or three positions, and as a scholar you have to take one of those positions. In the days when I was first trained in Political Science and studied International Relations, that was so much my sense of the field and indeed of the whole discipline of political science. This is part of one's initially training in any field: it is laid out as a serious debate. I found this something I just could not deal with; I did not find it intellectually interesting which I think sort of stayed with me all the way through to where I am now. So although big debates are important for a certain defining and sustaining of academic fields and training new generations of students, it is not the kind of way in which I myself have tended to work. I have tended to work by moving away from what the big debates have been in a particular moment. My academic interests always started when I found something curious that interests me and that I try to begin to see in a different way.
However, I suppose with my most recent book Carbon Democracy (2011), in a sense there was a big debate going on, which was the debate about the resource curse and oil democracy. That was an old debate going back to the 70's, but had been reinvigorated by the Iraq war in 2003. But that to me is an example of the problem with big debates, because the terms in which that debate was argued back and forth—and is still argued—did not seem to make sense as a way to understand the role of energy in 20th century democratic politics. Was oil good for democracy or bad for democracy? The existing debate began with those as two different things—as a dependent or independent variable—so you would already determine things in advance that I would have wanted to open up. In general I'm not a good person for figuring out what the big debates are.
But I think, moving from International Relations as a field to 'globally oriented studies', to use your phrase, one of the biggest challenges—just on an academic level, leaving aside challenges that we face as a global community—is to learn to develop ways of seeing even what seem like the most global and most international issues, as things that are very local. Part of the problem with fields such as 'global studies', the term 'globalization', and other terms of that sort, is that they tend to define their objects of study in opposition to the local, in opposition to even national-level modes of analysis. By consequence, they assume that the actors or the forces that they're going to study must themselves be in some sense global, because that is the premise of the field. So whether it is nation states acting as world powers; whether it is capitalism understood as a global system—they have to exist on this plane of the global, on some sort of universal level, to be topics of IR and global studies. And yet, on close inspection, most of the concerns or actors central to those modes of inquiry tend to operate on quite local levels; they tend to be made up of very small agents, very particular arrangements that somehow have managed to put themselves together in ways that allow them take on this appearance and sometimes this effectiveness of things that are global. I'm very interested in taking things apart that are local, on a particular level, to understand what it is that enables such small things, such local and particular agents, to act in a way that creates the appearance of the global or the international world.
Now this relates back to the second part of your question, about substantive concerns that we face as a global community. When I was writing Carbon Democracy there was all this attention on the problem of 'creating a more democratic Middle East', as it was understood at the time of the Iraq war. It struck me that when debating this problem—of oil and democracy, of energy and democracy—we saw it as somehow specific to these countries and to the part of the world where many countries were very large-scale energy producers. We were not thinking about the fact that we are all in a sense caught up in this problem that I call carbon democracy, and that there are issues—whether it is in terms of the increasing difficulty of extracting energy from the earth, or the consequences of having extracted the carbon and put it up in the atmosphere—that we, as democracies, are very, very challenged by. Those issues—and I think in particular the concerns around climate change—when you look at them from the perspective of U.S. politics, and the inability of the U.S. even to take the relatively minor steps that other industrialized democracies have taken: this inaction suggests a larger problem of oil and democracy that needs explaining and understanding and working on and organizing about. I also think there is a whole range of contemporary issues related to energy production and consumption that revolve around the building of more egalitarian and more socially just worlds. And, again, those issues present themselves very powerfully as concerns in American politics, but are experienced in other ways in other parts of the world. I would not single out any one of them as more urgent or important than another, and I do think we still have a long struggle ahead of us here.
How did you arrive at where you currently are in your approach to issues?
Well, I had a strange training as a scholar because I kept shifting fields. I actually began as a student of law and then moved into history while I was still an undergraduate, but then became interested in political theory; decided that I liked it better than political science. But by the time I arrived in political science to study for a PhD, I had become interested in politics of the Middle East. This was partly from just travelling there when I was a student growing up in England, but I also suppose in some ways the events of the seventies had really drawn attention to the region. So the first important thing that shaped me was this constant shifting of fields and disciplines, which was not to me a problem—it was rather that there was a kind of intellectual curiosity that drove me from academic field to field. And so if there was one thing that helped me arrive at where I am, it was this constant moving outside of the boundaries of one discipline and trespassing on the next one—trying to do it for long enough that they started to accept me as someone who they could debate with. And I think all along that has been important to the kind of scholarship I do; yet therefore I would say where I currently am in my thinking about my field is difficult in itself to define. But I think it is probably defined by the sense that there are many, many fields—and it is moving across them and trying to do justice to the scholarship in them, but at the same time trying to connect insights from one field with what one can do in another field. I have always tried to draw things together in that sense, a sense that one can call an interdisciplinary or post-disciplinary sensitivity.
I think the other part of what has shaped me intellectually was that, in ways I explained before, I was always drawn into the local and the particular and the specific and I was never very good at thinking at that certain level of large-scale grand theory. So having found myself in the field of Middle Eastern politics in a PhD-program, and being told that it involves studying Arabic which I was very glad to do, I then went off to spend summers in the Arab world, and later over more extended periods of time for field research. But to me, Egypt and other places I've worked—but principally Egypt—became not just a field site, but a place where I have now been going for more than 30 years and where I have developed very close ties and intellectual relationships, friendships, that I think have constantly shaped and reshaped my thinking. And even when I am reading about things that are not specifically related to Egypt—the work I do on the history of economics, or the work I have done on oil politics that are not directly connected with my research on Egypt—I am often thinking in relation to places and people and communities there that have profoundly shaped me as a scholar.
So traveling across different contexts I'd say I have not developed a kind of set of theoretical lenses I take with me. Rather, I would say I have developed a way of seeing—I would not necessarily call it 'meta', I see it as much more as sort of 'infra': much more mundane and everyday. While I have this sort of intellectual history of moving across disciplines and social sciences in an academic way, there is another sort of moving across fields, another sensibility, and that sensibility provides me with a sense of rootedness or grounding. And that is a more traditional way of moving across fields, because whether when one is writing about contemporary politics or more historically about politics, one is dealing constantly with areas of technical concern of one sort or another, with specialist knowledge. Engaging with that expert knowledge has always provided both a political grounding in specific concerns and with a kind of concern with local, real-world, struggles on the ground. So that might have been things like the transformation of irrigation in nineteenth-century Egypt, or the remaking of the system of law; or it might be the history of malaria epidemics in the twentieth century, or the relationship between those epidemics and transformations taking place in the crops that were grown; or, more recently—and more obviously—of oil and the history of energy, and the way different forms of energy are brought out of the ground. And I should mention beside those areas of technical expertise already listed, economics as well: a discipline I was never trained in, but that I realized I had to understand if I was to make sense of contemporary Egyptian politics—just as much as I had to understand agricultural hydraulics or something of the petroleum geology as a form of technical expertise that is shaping the common world.
In sum, what keeps me grounded is the idea that to really make sense of the politics of any of those fields, one has got to do one's best to sort of enter and explore the more technical level—with the closest attention that one can muster to the technical and the material dimensions of what is involved—whether it is in agricultural irrigation, building dams or combating disease. And entering this level of issues does not only mean interviewing experts but arriving at the level of understanding the disease, the parasite, the modes of its movement, the hydraulics of the river, the properties of different kinds of oil... So as you can see it is not really 'meta', it really is 'infra' in the anthropological way of staying close to the ground, staying close to processes and things and materials.
What would a student need to become a specialist in IR or understand the world in a global way?
A couple of things. I think one is precisely the thing I just mentioned in answer to your last question: that is, the kind of interest in going inside technical processes, learning about material objects, not being afraid of taking up an investigation of something that is a body of knowledge totally outside one's area of training and expertise. So, if I was advising someone or looking for a student, I would not say there is a particular skill or expertise, but rather a willingness to really get one's hands dirty with the messy technical details of an area—and that can be an area of specialist knowledge such as economics, but also technical and physical processes of, for instance, mineral extraction. I think to me this is—for the kind of work I am interested in doing—enormously important.
The other thing that I would stress in the area of globally-oriented studies, is that one could think of two ways of approaching a field of study. One is to move around the world and gather together information, often with a notion of improving things, such as development work, human rights work, international security work. This entails gathering from one's own research and from other experts in the field, with a certain notion of best practices and the state of field, and of what works, and therefore what can then be moved from one place to another as a form of expert knowledge. Some people really want that mobile knowledge, which I suppose is often associated with the ability to generalize from a particular case and to establish more universal principles about whatever the topic is. And in this case one's own expertise becomes the carrying or transmission of that expert knowledge. One saw a lot of that around the whole issue of democratization that I mentioned before in the Middle East, around the Iraq war when experts were brought in. They had done democracy elsewhere in the world and then they turned up to do it in Iraq, and again following the Arab Spring.
Against that, to me, there is another mode of learning, which is not to learn about what is happening but to learn from. So to give the example, if there is an uprising and a struggle for democracy going on in the streets of Cairo, one could try and learn about that and then make it fit one's models and classify it within a broader range of series of democratizations across the world, or one could try and learn from it, and say 'how do we rethink what the possibilities of democracy might be on the basis of what is happening?' To me those are two distinct modes of work. They are not completely mutually exclusive, but I think people are more disposed towards one or the other. I have never been disposed, or good at, the first kind and do like the second, so I would mention that as the second skill or attitude that is useful for doing this sort of work.
In which discipline or field would you situate yourself, or would we have to invent a discipline to match your work?
I like disciplines, but I do not always feel that I entirely belong to any of them. That said, I read with enormous profit the works of historians, political theorist, anthropologists, of people in the field of science and technology studies, geographers, political economists and scholars in environmental studies. There are so many different disciplines that are well organized and have their practitioners from which there is a lot to learn! But conversely, I also think, in ways I have described already, there is something to be learnt for some people from working in a much more deliberately post-disciplinary fashion. The Middle East, South Asian and African Studies department to which I have been attached here in Columbia for about five years, represents a deliberate attempt by myself and my colleagues to produce some kind of post-disciplinary space. Not in order to do away with the disciplines, but to have another place for doing theoretical work, one that is able to take advantage of not being bound by disciplinary fields, as even broad disciplines—say history—tend to restrict you with a kind of positive liberty of creating a place where you can do anything you want—as long as you do it in an archive. I quite deliberately situate myself outside of any one discipline, while continuing to learn from and trespass into the fields of many individual disciplines. They range from all of those and others, because I am here among a community of people who are also philologists; people interested in Arabic literature and the history of Islamic science; and all kinds of fields, which I also find fascinating. The first article I ever published was in the field of Arabic grammar! So I have interests that fit in a very sort of trans-disciplinary, post-disciplinary environment and I thrive on that.
Yet doing this kind of post-disciplinary work is in a practical sense actually absolutely impossible. If only for the simple fact that if it is already hardly possible to keep up with 'the literature' if one is firmly situated within one field, then one can never keep up with important developments in all the disciplines one is interested in. There are some people that manage to do this and do it justice. My information about contemporary debates in every imaginable field is so limited; I do not manage to do justice to any field. In the particular piece of research I might be engaged in, I try to get quickly up to pace on what's going on, and I often come back again and again to similar areas of research. I am currently interested in questions around the early history of international development in the 1940's and 1950's, and that is something I have worked on before, but I have come back to it and I found that the World Bank archives are now open and there is a whole new set of literatures. I had not been keeping up with all of that work. It is hard and that is why I am very bad at answering emails and doing many of the other everyday things that one is ought to do; because it always seems to me, in the evening at the computer when one ought to be catching up with emails, there is something you have come across in an article or footnotes and before you know it you are miles away and it has got nothing to do with what you were working on at the moment, but it really connects with a set of issues you have been interested in and has taken you off into contemporary work going on in law or the history of architecture… The internet has made that possible in a completely new way and some of these post-disciplinary research interests are actually a reflection of where we are with the internet and with the accessibility of scholarship in any field only just a few clicks away. Which on the one hand is fascinating, but mostly it is just a complete curse. It is the enemy of writing dissertations and finishing books and articles and everything else!
What role does expertise, which is kind of a central term in underpinning much of the diverse work or topics you do, play in the historical unfolding of modern government?
That is a big question, so let me suggest only a couple of thoughts here. One is that modern government has unfolded—especially if one thinks of government itself as a wider process than just a state—through the development of new forms of expertise, which among other things define problems and issues upon which government can operate. This can concern many things, whether it is problems of public health in the 19th or 20th century; or problems of economic development in the 20th century; or problems of energy, climate change and the environment today. Again and again government itself operates—as Foucault has taught us—simultaneously as fields of knowledge and fields of power. And the objects brought into being in this way—defined in important ways through the development of expert knowledge—become in themselves modes through which political power operates. Thanks to Foucault and many others, that is a way of thinking or field of research that has been widely developed, even though there are vast amounts of work still to do.
But I think there is another relationship between modes of government and expertise, and this goes back to things I have been thinking about ever since I wrote an article about the theory of the state (The Limits of the State, pdf here) that was published in American Political Science Review a long time ago (1991). The point I made then, is that it is interesting to observe how one of the central aspects of modern modes of power is the way that the distinction between what is the state and what is not the state; between what is public and what is private, is constantly elaborated and redefined. So politics itself is happening not so much by some agency called 'state' or 'government' imposing its will on some other preformed object—the social, the population, the people—but rather that it concerns a series of techniques that create what I have called the effect of a state: the very distinction between what appears as a sort of structure or apparatus of power, and the objects on which that power works.
More recently one of the ways I have thought about this, is in terms of the history of the idea of the economy. Most people think of 'the economy' either as something that has always existed (and people may or may not have realized its existence) or as something that came into being with the rise of political economy and commercial society in the European 18th and 19th century. One of the things I discovered when I was doing research on the history of development, is that no economist talked routinely about an object called 'the economy' before the 1940's! I think that is a good example of the history of a mode of expertise that exists not within the operations of an apparatus of government but precisely outside of government.
If you look in detail at how the term 'the economy' was first regularly used, you find that it was in the context of governing the U.S. in the 1940's immediately after the Second World War. In the aftermath of the war there was enormous political pressure for quite a radical restructuring of American society: there were waves of strikes, demands for worker control of industries, or at least a share of management. And of course in Europe, similar demands led to new forms of economy altogether, in the building of postwar Germany and in the forms of democratic socialism that were experimented with in various parts of Western Europe. As we know, the U.S. did not follow that path. And I think part of the way in which it was steered away from that path, was by constructing the economy as the central object of government, coupled with precisely this American cultural fear of things where government did not belong. So this was radically opposed to how the Europeans related government to economy: European governments had become involved in all kinds of ways, deciding how the relation between management and labor should operate in thinking about prices and wages; instituting forms of national health insurance and health care; and the whole state management of health care itself... Now this was threatening to emerge in the U.S., and was emerging in many ways in the wartime with state control of prices and production. In order to prevent the U.S. from following the European path after the war, this object outside of government with its own experts was created: the economy. And the economists were precisely people who are not in government, but who knew the laws and regularities of economic life and could explain them to people. It is interesting to think about expertise both as something that develops within the state, but also as something that happens as a creation of objects that precisely represent what is not the state, or the sphere of government.
Your most recent book Carbon Democracy (2011) focuses on the political structures afforded, or engendered, by modes of extraction of minerals and investigates how oil was constitutes a dominant source of energy on which we depend. Can you give an example of how that works?
Let me take an example from the book even though I might have to give it in very a simplified form in order to make it work. I was interested in what appeared to be the way in which the rise of coal—the dominant source of energy in the 19th century and in the emergence of modern industrialized states—seemed to be very strongly associated with the emergence of mass democracy, whereas the rise of oil in the 20th century seemed to have if anything the opposite set of consequences for states that were highly dependent on the production of oil. I wanted to examine these relations between forms of energy and democratic politics in a way that was not simply some kind of technical- or energy determinism, because it is very easy to point to many cases that simply do not fit that pattern—and, besides, it simply would not be very interesting to begin with. But it did seem to me, that at a particular moment in the history of the emergence of industrialized countries—particularly in the late 19th century—it became possible for the first time in history and really only for a brief period, to take advantage of certain kinds of vulnerabilities and possibilities offered by the dependence on coal to organize a new kind of political agency and forms of mass politics, which successfully struggled for much more representative and egalitarian forms of democracy, roughly between the 1880's and the mid 20th century. In general terms, that story is known; but it had been told without thinking in particular about the energy itself. The energy was just present in these stories as that which made possible industrialization; industrialization made possible urbanization; therefore you had lots of workers and their consciousness must somehow have changed and made them democratic or something.
That story did not make sense to me, and that prompted me to research in detail, and drawing on the work of others who had looked even more in detail at, the history of struggles for a whole set of democratic rights. The accounts of people at the time were clear: what was distinctive was this peculiar ability to shut down an economy because of a specific vulnerability to the supply of energy. Very briefly, when I switched to telling the story in the middle of the 20th with oil, it is different: partly just because oil was a supplementary source of energy—countries and people now had a choice between different energy sources—but also because oil did not create the same points of vulnerability. There are fewer workers involved, it is a liquid, so it can be routed along different channels more easily; there is a whole set of technical properties of oil and its production that are different. That does not mean to say that the energy is determining the outcome of history or of political struggles, and I am careful to introduce examples that do not work easily one way or the other in the history of oil industry in Baku, which is much more similar to the history of coal or the oil industry in California for that matter. But you can pay attention to the technical dimensions in a certain way, and the to the sheer possibilities that arise with this enormous concentration of sources of energy—which reflects both an exponential increase in the amount of energy but also an unprecedented concentration of the sites at which energy is available and through which it flows—that you can tell a new story about democratic politics and about that moment in the history of industrialized countries, but also the subsequent history in oil-producing countries in a different way. That would be an example of how attention for technical expertise translates into a different understanding of the politics of oil.
This leads to my next question, which is how do you speak about materials or technologies without falling into the trap of either radical social reductionism or a kind of Marxist technological determinism? Do you get these accusations sometimes?
Yes, I think so, but more so from people who have not read my work and who just hear some talks about it or some secondary accounts. To me, so much of the literature that already existed on these questions around oil and democracy, or even earlier research on coal, industrialization and democracy, suffered from a kind of technical determinism because they actually did not go into the technical. They said: 'look, you've got all this oil' or 'look, you had all that coal and steam power' and out of that, in a very determinist fashion, emerged social movements or emerged political repression. This was determinist because such accounts had actually jumped over the technical side much too fast: talking about oil in the case of the resource curse literature, it was only interested in the oil once it had already become money. And once it was money, then it of course corrupts, or you buy people off, or you do not have to seek their votes. The whole question of how oil becomes money and how you put together that technical system that turns oil into forms of political power or turns coal into forms of political power, does not get opened up. And that to me makes those arguments—even though there is not much of the technical in them—technically very determinist. Because as soon as you start opening up the technical side of it, you realize there are so many ways things can go and so many different ways things can get built. Energy networks can be built in different ways and there can be different mixes of energy. Of course most of the differences are technical differences, but they are also human differences. It is precisely by being very attentive to the technical aspects of politics—like energy or anything else, it could be in agriculture, it could be in disease, it could be in any area of collective socio-technical life—that one finds the only way to get away from a certain kind of technical determinism that otherwise sort of rules us. In the economics of growth, for instance, there is this great externality of technological change that drives every sort of grand historical explanation. Technology is just something that is kept external to the explanatory model and accounts for everything else that the model cannot explain. That ends up being a terrible kind of technical determinism.
The other half of the question is how this might differ from Marxist approaches to some of these problems. I like to think that if Marx was studying oil, his approach would be very little different. Because if you read Marx himself, there is an extraordinary level of interest in the technical; that is, whether in the technical aspects of political economy as a field of knowledge in the 19th century, or in the factory as a technical space. So, conventional political economy to him was not just an ideological mask that had to be torn away so that you could reveal the true workings of capitalism. Political economy has produced a set of concepts—notions of value, notions of exchange, notions of labor—that actually formed part of the technical workings of capitalism. The factory was organized at a technical level that had very specific consequences. The trouble with a significant part of Marx's theories is that he stopped doing that kind of technical work and Marxism froze itself with a set of categories that may or may not have been relevant to a moment of 19th century capitalism. There is still a lot of interesting Marxist theory going on, and some of the contemporary Italian Marxist theory I find really interesting and profitable to read, for example. Some of the work in Marxist geography continues to be very productive. But at the same time there are aspects of my work that are different from that—such as my drawing on Foucault in understanding expertise and modes of power.
How come so many of the social sciences seem to stick so rigidly to the human or social side of the Cartesian divide? It seems to be constitutive of social science disciplines but on the other hand also radically reduces the scope of what it can actually 'see' and talk about.
I think you are right and it has never made much sense to me. I suppose I have approached it in two kinds of ways in my work. First, this kind of dualism was much more clearly an object of concern in some of the early work I published on the colonial era, including my first book, Colonising Egypt (1988), where I was trying to understand the process by which Europeans had, as it were, come to be Cartesians; had come to see the world as very neatly defined it into mind on the one hand and matter or on the other—or, as they tended to think of it, representations on the one hand and reality on the other. And I actually looked in some detail, at the technical level, at this—beginning with world exhibitions, but moving on to department stores and school systems and modern legal orders—to understand the processes by which our incredibly complicated world was engineered so as to produce the effect of this world divided into the two—of mind or representation or culture on the one hand, and reality, nature, material on the other.
Second, what were the effects, what were the repetitive practices, that made that kind of simple dualism seem so self-evident and taken for granted? All that early work still informs my current work, although I do not necessarily explore this as directly as I did. One of the things I try to do is avoid all the vocabulary that draws you into that kind of dualism. So, nowhere when I write, do I use a term like 'culture', because you are just heading straight down that Cartesian road as soon as you assume that there is some hermetic world of shared meanings—as opposed to what? As opposed to machines that do not involve instructions and all kinds of other things that we would think of as meaningful? So I just work more by avoiding some of the dualistic language; the other kind would be the entire set of debates—in almost every discipline of the social sciences—around the question of 'structure versus agency' which just doesn't seems to me particularly productive. And I have been very lucky, recently, in coming across work in the fields of science and technology studies, because it is a field of people studying machines, studying laboratories and studying people, a field that took nature itself as something to be opened-up and investigated. In taking apart these things, they realized that those kinds of dualisms made absolutely no sense. And they have done away with them in their modes of explanation quite a long time ago. So there was already a lot in my own work before I encountered Science and Technology Studies (STS) that was working in that direction; but the STS people have been at it for a long time and figured out a lot of things that I had only just discovered.
Can you explain why it seems that perhaps implicitly decolonization, or the postcolonial moment—which is understood within political science and in development literature as a radical moment of rupture in which a complete transfer of responsibility has taken place, instituted in sovereignty—is an important theme in your work?
I have actually been coming back to this in recent work, because I am currently looking again at that moment of decolonization in Egypt. The period after World War II, around the 1952 revolution and the debacle around the building and the financing of the Aswan Dam, constitutes a wonderful way to explore questions on how much change decolonization really engendered and to see how remarkably short-lived that sort of optimism about decolonization, meaning a transfer of responsibility and sovereignty, actually was. Of course decolonization did transfer responsibility and sovereignty in all kinds of ways, but then that was exactly the problem for the former colonial regimes: because, from their perspective, then, how were all the people who had profited before from things like colonialism to continue to make profits? The plan to build the High Dam at Aswan—although there has always been Egyptians interested in it—initially got going because of some German engineering firms… For them, there was no opportunity in doing any kind of this large-scale work in Europe at the time because of the dire economic situation there. But they knew that Egypt had rapidly growing revenues from the Suez Canal and so they got together with the British and the French, and said: let's put forward this scheme for a dam so that we can recycle those revenues—particularly the income from the Suez Canal, which was about to revert to Egyptian ownership—back into the pockets of the engineering firms, or of the banks that will make the loans and charge the fees. And that is where the scheme came from. Then the World Bank got involved, because it too had found it had got nothing to do in Europe in the way of development and reconstruction, so it invented this new field of development. And it became a conduit to get the Wall Street banks involved as well. And the whole thing became politicized and led to a rupture, which provided then the excuse for another group, the militarists, the MI6 people, to invade and try to overthrow Nasser. So just in the space of barely four years from that moment of decolonization, Egypt had been reinvaded by the French, the British, working with the Israelis, and had to deal with the consequences and the costs of destroyed cities and military spending. That is an example of how quickly things went wrong; but also of how part of their going wrong was in this desperate attempt by a series of European banks and engineering firms trying to recover the opportunities for a certain profit-making and business that they had enjoyed in the colonial period and now they suddenly were being deprived of.
Last question. Has your work helped you make sense of what is currently going on in Egypt and would you shine your enlightened light on that a bit? Not on the whole general situation but perhaps on parts which are overlooked or which you find particularly relevant.
May be in a couple of aspects. One of them is this kind of very uneasy and disjunctive assemblage relationship between the West and forms of political Islam. It sometimes seemed shocking and disturbing and destabilizing that the political process in Egypt led to the rise and consolidation of power of the Muslim Brotherhood. But of course the U.S. and other Western powers have had a very long relationship going back at least to the 1950's—if not before—with exactly these kinds of political forces or people who were locally in alliance with them, in places like Saudi Arabia. I have a chapter in Carbon Democracy that explores that relationship and its disjunctions. And I think it is important to get away from the notion that is just a sort of electoral politics and uneasy alliances, but it is actually the outcome of a longer problem. Both domestically within the politics in the Arab states, of how to found a form of legitimacy that does not seem to be based on close ideological ties with the West, but at the same time operates in such in a way, that in practical terms, that kind of alliance can work. So that would be one aspect of it, to have a slightly longer-term perspective on those kinds of relationships and how disjunctively they function.
The other thing, drawing it a little more directly on some of the work on democracy in Carbon Democracy, is that so much of the scholarship on democracy is about equipping people with the right mental tools to be democrats; the right levels of trust or interpersonal relations or whatever. There is a very different view in my book, that the opportunities for effective democratic politics require very different sets of skills and kinds of actions—actions that are much more as it were obstructionist, and forms of sabotage, quite literally, in the usage of the term as it comes into being in the early 20th century to describe the role of strikes and stoppages. These are, I attempt to show, the effective tools to leverage demands for representation in more egalitarian democratic politics. I have been very interested in the case of Egypt, in the particular places and points of vulnerability, that gave rise to the possibility of sabotage. For instance, one of the less noted aspects of the Egyptian revolution in general, was the very important role played by the labor movement; this was not just a Twitter or Facebook revolution, but that was important as well. Although the labor movement was very heavily concentrated in industries—in the textile industry—the first group of workers who actually successfully formed an independent union were the property tax collectors. And there is a reason for that: there was a certain kind of fiscal crisis of the state—which had to do with declining oil revenues and other things—and there was the attempt to completely revise the tax system and to revise it not around income tax—because there were too few people making a significant income to raise tax revenues—but around property taxes. And that was a point of vulnerability and contestation that produced not just some of the first large-scale strikes but strikes that were effective enough that the government was forced to recognize a newly independent labor movement. This case is an instance of how the kind of work I did in the book might be useful for thinking about how the revolutionary situation emerged in Egypt.
Timothy Mitchell is a political theorist and historian. His areas of research include the place of colonialism in the making of modernity, the material and technical politics of the Middle East, and the role of economics and other forms of expert knowledge in the government of collective life. Much of his current work is concerned with ways of thinking about politics that allow material and technical things more weight than they are given in conventional political theory. Educated at Queens' College, Cambridge, where he received a first-class honours degree in History, Mitchell completed his Ph.D. in Politics and Near Eastern Studies at Princeton University in 1984. He joined Columbia University in 2008 after teaching for twenty-five years at New York University, where he served as Director of the Center for Near Eastern Studies. At Columbia he teaches courses on the history and politics of the Middle East, colonialism, and the politics of technical things.
Related links:
Faculty Profile at Colombia University Read Mitchell's Rethinking Economy (Geoforum 2008) here (pdf) Read Mitchell's The Limits of the State: Beyond Statist Approaches and Their Critics (The American Political Science Review 1991) here (pdf) Read Mitchell's McJihad: Islam and the U.S. Global Order (Social Text 2002) here (pdf) Read Mitchell's The Stage of Modernity (Chapter from book 'Questions of Modernity', 2000) here (pdf) Read Mitchell's The World as Exhibition (Chapter from book 'Colonising Egypt' 1991) here (pdf)
Die Inhalte der verlinkten Blogs und Blog Beiträge unterliegen in vielen Fällen keiner redaktionellen Kontrolle.
Warnung zur Verfügbarkeit
Eine dauerhafte Verfügbarkeit ist nicht garantiert und liegt vollumfänglich in den Händen der Blogbetreiber:innen. Bitte erstellen Sie sich selbständig eine Kopie falls Sie einen Blog Beitrag zitieren möchten.
As much as COVID-19 is a health and economic crisis, at its core, it is also a governance crisis.
NDI President Derek Mitchell and new Director of Democratic Governance Kristen Sample delve into ways governments and the international community have risen (or not) to meet the challenges of the COVID-19 pandemic.
Find us on: SoundCloud | Apple Podcasts | Spotify | RSS | Google Play
Derek Mitchell: As we all continue to shelter in place and respond to the colossal health and economic crisis that is COVID-19, we must not forget that at its core, pandemics are as much a result of governance failure as any failure of healthcare or health system. Since working to support democratic processes, institutions and governance around the world is what NDI does for a living, we thought it useful to delve into the role governance has played in the COVID-19 pandemic with NDI's experience in more than 50 countries around the world serving as a guide. Welcome to DemWorks. My name is Derek Mitchell, president of the National Democratic Institute. To discuss all this with me in this podcast, I'm joined by NDI's new director of democratic governance, Kristen Sample. Kristen Sample: Thank you so much Derek. DM: Kristen just joined us on March 1. She brings more than 20 years of democratic governance experience with her to NBI having advised and evaluated programs at UN Women, UN Democracy Fund, the Open Society Foundation, Global Partners, Governance and International IDEA. Kristen is an expert on countering corruption, legislative strengthening in the nexus of gender and politics and she has led projects focused on the impact of democratic reform on economic development and citizen security. At a moment when the global crisis in governance is at the center of international conversation, at least before the pandemic push pause, we are thrilled to have Kristen aboard to look at that issue with fresh creativity here at NBI. So welcome Kristen to your very first DemWorks podcast. KS: I'm really pleased to have the opportunity to speak with you today on such important issues. DM: So we'll speak about the crisis of governance but also the pandemic factor as well. But I do want to start with this global governance crisis that has sort of preceded this. This is a broader overhang. We've seen all over the world popular demonstrations over the past year and more and everywhere from Moscow to Managua, to Hong Kong, to Khartoum, to Algeria, to Istanbul, to Paris. You can go on and on. And what it represents is a frustration with the quality of governance. Democracy somehow is not delivering for people. And I want to hear your thoughts on that. It's a moment of turmoil certainly. People will look at this and say, "Well, democracy is failing," but it's more than democracy that this is happening. It's a general quality of governance question that I think actually provides an opportunity. So let me just ask your thoughts on that first off, Kristen. KS: Yeah. Thanks so much for that question, Derek. I think that NDI, since we have officers or programs spanning every region of the world basically in more than 50 countries, we're in a very good position to be able to take the pulse of what's happening in the different countries. In fact, we have been conducting surveys every two weeks of our country programs to get a sense of what's happening on the ground and we've received some very interesting signals that I'm really happy to be able to share with you today. On the one side, we are saying that in many countries governments are responding very seriously, in very concerted ways to the health crisis. I mean in more than two thirds of the countries. The governments in the countries where we work are closing nonessential businesses in over 60%, they are communicating in ways, having very intensive communication campaigns that really are reaching all citizens. But when it comes to the democracy side, when it comes to implementing that response and pursuing a response that's consistent with democratic principles and norms and values and institutions, we are seeing some troubling developments at the same time. For instance, the number of governments by our account, over 40% of the governments in the countries where we work are declaring emergency powers and it's clear that this is an extraordinary situation that requires extraordinary measures, but in many cases these emergency powers are inconsistent with democratic principles. They are not linked to the crisis. There is no provision for legislative oversight or in many cases, these have no sunset class, so there's no time limit and these are simply open-ended. And link to that and linked in many cases to these emergency powers, emergency decrees, we're seeing an uptick also in threats to fundamental freedoms. For instance, nearly half of our countries are reporting that there are measures in place where governments are repressing non-state media who are critical of the government's response to the pandemic and that in some cases, again, almost 50% of our countries, there are measures in place where governments are limiting space for civil society to engage in political actions. Another factor that I'd like to highlight too is while we're all distracted by the pandemic and while people are at home and perhaps with less access to information and less direct contact with government, there are also signals that many governments are using this as an opportunity to diminish anti-corruption controls. So that means that in some cases economic response packages or healthcare delivery is taking place with less transparency and less openness, which as you can imagine is a risk in terms of making sure that those resources are actually getting where they need to be. And all of this, all of the stresses, the frustration and these concerns of course also have impacts when it comes to citizen trust, interpersonal trust citizen trust of the government and also we're seeing greater potential for civic unrest and a deteriorating security environment. So all together, I hate to start with such a pessimistic view, but I think it is important again, through the networks that we have, the relationships that we have with political and civic actors on the ground, to convey the seriousness of the situation and to make sure that we're always communicating that well, this response requires really drastic measures. These measures need to be consonant of course, with the principles of democratic governance. DM: Right. It fits into this broader competition of narratives that occurred even before the pandemic began, where China or Russia saying, "Look, authoritarian governments are more efficient in providing services. We do this stuff better. Democracy is messy." And they're able, as you say, to take advantage of this moment when people are looking for strong central control to make that case and to both do that rhetorically but also through provision of services. And then it's not just those major countries. You'll have folks whether it's Hungary or Poland or you just go around the world, they're postponing elections. They are shutting down civil society, they're settling scores with adversaries. They're constraining public debate, saying that those things are luxuries during a time of crisis and that gives them an opportunity then as you said, for not just power grabs, but resource grabs and money grabs and they say, "Look, these are extraordinary times. They require extraordinary measures." And the concern is that these extraordinary measures will be permanent, that they'll say you need us to be surveilling people. So this is a challenge for certainly those who do democracy work and for folks inside these countries. But I think the broader question of security, we'll talk about that maybe a little bit later, but it's interesting what we're seeing on the ground as you say. You do a lot of work in the legislative sphere, you have a lot of background on that. How legislatures are particularly important. Civil society is too, but just focusing on legislature's role as a check and balance against executive overreach, can you talk about from the NDI experience or your other observation, how legislatures are being challenged, how they're dealing with this moment, how they're adapting to deal with the COVID-19 moment. KS: Yeah, absolutely. So I'm so glad you brought this point up. The first challenge that I'd highlight is this risk that the legislative branch is getting sidelined. In a crisis like this, the executive branch is generally front and center. Their role is clearly understood by citizens. Head of state might be the one out there doing daily press briefings or a health minister communicating medical reports. And there's this sense of emergency that as I sort of alluding to before, it seems to empower the executive branch. And unfortunately that seems to be, in many cases, at the expense of the legislative power. And additionally, another challenge and another reason that legislatures are perhaps getting crowded out or sidelined is simply that, the coronavirus, by it's dynamic, it's not socially compatible. And since parliaments are these multi-member bodies that have more diffuse operations, more diffuse leadership and that involve hundreds of different people, it's simply just a challenge to assemble a large group of people together, bring them together and keep them front and center in this crisis. So if that first challenge is making sure that people just keep in mind that legislatures matter and the legislatures are able to exert their rights and their authority, I'd say that the second challenge of course is just how do parliaments, legislatures operate in a virtual world. Politicians are by nature, they like to shake hands, they like to get out on the street, they need to be in touch with their constituents. And there are so many challenge involved in this current world that we have where we should all be social distancing. So looking across the world where we work, their parliaments are adopting different measures. Some of them are using social distancing restrictions like reducing the number of MPs in sessions. Others are moving to remote voting, remote deliberations. And then others are not meeting at all, which of course is quite terrible. And in those cases where legislatures have been dissolved or have been suspended for long periods of time. We are working too, as you were saying, as NDI closely with parliaments in a number of countries to try to do those adaptations to the rules of procedures so that they're able to continue meeting in session and continue deliberating and continuing exercising oversight. For instance, we have connected parliamentarians in Colombia with parliamentarians in Ecuador. We have virtual sessions to learn from Ecuador's experience in adopting a regulation for the implementation of virtual session and teleworking. So we are trying to connect parliamentarians across countries to understand how some parliaments have been moving forward in terms of remote procedures and how that's going for them. And two more challenges. One I'd highlight is that oversight role that we've been talking about. And from the same survey that we conducted with our country programs, we found that in 59% of the countries, checks and balances have been weakened, have deteriorated under the pandemic. And this is happening at such an unfortunate time when there's so many policy measures that need to be approved and put in place. If we just take the issue of debt policy for instance, I saw a statistic from the Westminster Foundation that more than 80 countries have already requested emergency aid from the IMF. I mean these countries are struggling of course to meet different types of fiscal obligations and they are desperate for cash in order to ramp up health services and put in place economic measures. And so these governments are taking on debt obligations, debt burns that are going to have far reaching impacts and long lasting impacts that should really be approved by the legislative branch and include monitoring and reporting. And that's not always the case in most of these instances. DM: So you just say it's a very dangerous time and folks are adapting procedurally, but there are really implications to this longterm, including for security. And I think we'll get to that after the break. For more than 35 years, NDI has been honored to work with courageous and committed pro-democracy activists and leaders around the world to help countries develop the institutions, practices and skills necessary for democracy's success. KS: Welcome back. Derek, I've heard you speak to the issue of authoritarian systems and how they're operating in this crisis and that the authoritarian nature in itself makes health crises more likely. And you've also said in some of your speeches and some of the conversations we've had that it's not a coincidence that the pandemic started in China and I'd really like to hear from your expertise, your deep background on China specifically. Can you explain to listeners why that is? Why there is that connection? DM: Well, as I said at the top, this is not just a health crisis, it's a governance crisis. It's a factor of governance both in the prevention of the pandemic and the response to it. We talked so far mostly about the response, how we're responding to the pandemic, but the core of the pandemic is a failure of governance. The difference between a local health crisis that is contained and a pandemic lies in the ability of a political system to respond to that early challenge quickly and effectively. And that requires both government and civic action. And if you're going to deal with this crisis early, it requires both. To do that, you have to act swiftly. You have to have widespread testing and contact tracing. You need critical support from citizens. In order to do all that and to ensure that that happens, you have to have basic civic trust. Closed societies routinely fail that test of having that civic trust and that rapid action for some very practical reasons. When a government suppresses a free flow of information, when it fails to empower independent civic institutions, when it's too insecure to convey bad news candidly, doesn't feel that it has a political legitimacy, therefore, it's insecure to convey bad news. When its data can't be trusted because it's opaque, when its officials are afraid to speak truth to power or communicate inconvenient truths to their superiors or act decisively, absent waiting for some strict orders from the very center and they can't move quickly, the result can be deadly. It turns what is a local health issue into a pandemic so it crosses borders. It becomes not just a problem for one country but for all others. So democratic governance is very, very practical and once again in this regard, transparent, accountable, inclusive, responsive, open governments is essential to crisis response but it's also essential to prevent the crisis from emerging to begin with. And it is a matter of national security. This highlights frankly what many of us have known all along, that this is not just nice but has very practical national security effects. And as we just talked earlier, the irony is that just as the world needs more open democratic societies to prevent future crises and deal with the current one, there are opportunistic politicians who are closing political and civic space. That I think is a very practical reason why that closed societies cause these pandemics. KS: I think that all of those points that you've been raising in terms of the threats and the vulnerabilities are so important for us to keep front and center. At the same time, here in NDI, as you know, is we're very keen to make sure that there are also opportunities to elevate the many examples around the world where governments are acting democratically and effectively in response to the crisis and they're framing and working with citizens in ways that are absolutely consistent with democratic values and principles. And so I do want to showcase some of those. I think it's received a lot of press around the world how New Zealand, for instance has reacted, and I read this week that New Zealand is perhaps one of the very first countries to have been able to successfully eliminate COVID. They have no new COVID cases. And it's a case that really stands out for the way that the prime minister has been able to deliver information in a very clear, compassionate, inclusive way, a way that's very grounded in science of course, and transparent. And at the same time where the legislature has had an important role developing a parliamentary select committee that's providing scrutiny of the government's response. The government has also been very affirmative there I think, in terms of issues of freedom of information and media freedom and has said that they would not slow down, for instance, their commitment to responding to requests for information during the crisis. So there's certainly the case of New Zealand, which is so interesting and it's shown such early success, but there are other places around the world too where specific measures taken by the government I think have been so positive and far reaching. Uruguay comes to mind for instance. We see so many cases where authoritarian leaders are using this crisis to be able to settle scores as you were saying, or to act in a very partisan fashion. But in Uruguay, the president convened all of the former presidential candidates to give a joint press conference to send a powerful message of unity and to show that across the party divide, they were working together to develop responses. Taiwan also really stands out for its cross party coordination, the transparent communications they've had, the very creative efforts that the government has put in place there, I think they've called it humor, not rumor. A campaign to share facts in real time to counter disinformation, to manage fear. So there aren't many cases out there as I was saying, of governments that are responding effectively and in ways that are building that citizen trust that you were mentioning. DM: Yes. And then a further one, another democracy that's a leading democracy, probably the first out of the gate is South Korea. They did exactly what was necessary. People are looking at that example, a democratic example. They didn't sacrifice rights at all. They obviously had very strong controls at times of the society, but it took very swift action. They did widespread testing, contact tracing and they worked with civil society and is shown over and over that civil society is probably one of the most important factors. It's not simply a government driven thing that makes a response success. Civil society serves as a very efficient force multiplier for government. We saw that in Katrina, hurricane Katrina. We see it's proved over and over that it really is effective in getting the word out and messaging. Ensuring is like in Taiwan through their civic tech community, they're sort of hackers. They're young citizens, who themselves in a voluntary fashion, formed a community. They were viewed as allies and partners not alienated from the government. And that partnership has been a success in Taiwan, has been a success in South Korea and is essential for a success. And that means that governments need to be open, need to be transparent, they need to see society as partners. So this is absolutely critical. KS: Yeah. And I just want to add on the South Korea example. I'm so glad you brought that up because South Korea held elections during the pandemic on April 15, they had national assembly lessons and they were actually able to organize those elections in a way that was seen as very transparent, that was very consistent with electoral integrity and they had higher levels of turnout than in previous elections, which is pretty amazing. And there's so many countries around the world that are facing elections in 2020. I think the way that South Korea was able to do it with a very intensive communication campaign as you were speaking again to their transparency of communication, they had expanded early voting measures in place. They had home voting, they had very comprehensive safeguards for people to be able to vote in person. So even organizing an election in a time that seems so difficult and so challenging, I think that as you were saying, democracies like South Korea are showing that there is a way forward. DM: Right. And I think we can learn some lessons from that as well. There are groups, including NDI has been at the center of this, of putting together documents that say here are the election integrity guidelines for this moment, that democracy should not be sacrificed at the alter of crisis response, that elections need to move forward if they can be done in the right way and if they need to be postponed, it's postponed within a certain timeframe and only during a period of high crisis. So there are principles here where democracy can continue to move forward. It makes the society stronger, it builds that civic trust that's important for crisis response. But we need to... You can walk and chew gum at the same time at this moment. So I'm glad we were able to talk about some of these democratic examples. KS: Absolutely. And I will be right back after this quick message. You can hear more from other democracy heroes by listening to our DemWorks podcast available on iTunes and SoundCloud. DM: Welcome back with Kristen Sample. Of course you're new to NDI, but you know NDI very well and it's a fundamental principle everywhere that nations will only succeed when societies are fully inclusive, where they don't leave anybody behind. They enable all to contribute equally. That means women, that means young people, that means traditionally marginalized groups, LGBT communities, et cetera. It's just plain logic that if you leave anybody behind, that you're not going to get the most out of your citizen when you're going to hold your country back, and yet we are witnessing negative impacts toward these populations during this COVID-19 moment. Kristen, can you speak to this, explain what's going on here and why it matters? KS: Sure, absolutely. I mean obviously this crisis isn't occurring in a vacuum. It's occurring in a context where across the world, across all countries, there are already this array of existing intersecting inequalities where some people were coming into this crisis already in a disadvantaged place. And then the pandemic itself has differentiated impacts that affect women and other marginalized groups disproportionately. I'll just give a few examples. I mean lockdown for women who are living in relationships of power imbalance and of abuse perhaps, lockdown for them means locked in, with an abusive partner. And for instance our survey of country offices that I was referring to previously, in 66% of our countries, there seems to be an increase in sexual and gender based violence since the pandemic. In 15% of those countries, it's a significant increase. Of course these women might be locked in in vulnerable situations and then at the same time have less access to government resources, government support. So that's one example. Others, people with disabilities for instance, who have always struggled to access health services, transportation in an equitable fashion, you can imagine that that lack of access and the differentiated impact of the pandemic on them is life threatening in some cases. There are digital divide concerns, people in rural areas or women, other marginalized groups who may have less access to information, to resources. There are real concerns also and cases around the world where this pandemic is being exploited by anti migrant hate groups for instance, who try to link movement and migration to the origin of the virus. Or in some cases, for instance in Africa and some of the countries where we work, media outlets are perpetuating stereotypes against people with albinism for instance, and placing the blame for the virus on them. So there are so many challenges around making sure that people have access to resources, people are safe and that we are able to convey and support a message of social cohesion and solidarity instead of the divisions that we're seeing pop up around the world. I think that in our case, for instance in Indiana, what we're trying to do is reinforce the need for inclusive decision-making, making sure for instance, that women are involved in decision making and other marginalized groups are involved in decision making and representation and in these deliberation bodies, making sure that the policymaking is taking into account these vulnerabilities and these different differentiated needs. And also the government messaging is inclusive, getting to everybody and it's supporting the social cohesion messaging and solidarity messages. DM: And again, this is critical for the crisis response, pandemic response. I mean COVID-19 doesn't discriminate. Whoever has it, whoever is vulnerable or subject will get it and it will spread to the society writ large. So if you're not inclusive, if you're excluding folks, if politicians then see that there is an opportunity here as some politicians will to divide and conquer, to play on fear. Or spoilers from the outside may see that there are opportunities if they're divided societies, to create tensions that then require or enable them to negotiate the deal that you want to make or promote corruption within the society. There are all kinds of ways this makes societies less stable, less secure, and affects the development and certainly the response to crises. So this is not just a nice thing, it's not just a human rights thing. This is fundamentally important to national security, international security and to everything that we're seeking to achieve through democracy. KS: Absolutely. And I think along the things I'd really like to hear from you too, Derek, in terms of how you see along the lines of this being an international crisis that includes the whole world, that joins us all although we are in very different places. How you see role NDI's role in supporting that cross border cooperation and solidarity and having the international community come together? DM: Given that authoritarians are claiming their model is unique for this moment, we have to be out there making our case. But in terms of our specific adaptations that we are doing, we are working in places like Ethiopia to ensure that the public opinion surveys are necessary invents of their postponed elections or continue forward, but can be done virtually. That we can adapt legislative rules of procedure in places that need it to allow for remote voting and continue the legislative process to ensure that election integrity is maintained. As I mentioned earlier, there are certain principles and established accepted international principles for when and how to postpone elections, how to hold them during moments of crisis. And we put together crisis response kits that can be used. It's called the practical toolkit for politicians during a pandemic that can help political parties figure out how to do crisis management or help the government put together crisis communication. So a lot of things that can be done internally and done across different countries that ensure the solidarity is still there, the momentum for democracy is still there. The expectation that democratic norms are sustained in this moment so that the headlines are not simply roll back authoritarian opportunism, that massive surveillance, all the things that people may succumb to because of fear during crisis, that there is an alternative voice and it says it doesn't have to be like that. Or if it does have to be like that now, it doesn't have to continue to be like that indefinitely and that there are some standards by which these things are being imposed. So that international norm setting at this moment, it's probably more important than ever to do and we are trying to do at national level. We're trying to do it across different countries to ensure that there is not a vacuum to which the authoritarian voice moves and has free open season for its own values. It goes across, I think, a lot of different countries. And Kristen, I'd be interested in your thoughts from your perspective of governance, how that's working. KS: I think that there's a real role for the international community to play. And I wanted to highlight that too in what you're saying because these challenges are so vast that clearly we have to work together on people to people exchanges and supporting lesson sharing. And so I do think that there's an absolute role for the international community playing in terms of getting out the messages of that democracy is not a luxury, it's not something that could be put into a coma or put on hold while we're all sheltering, that it's something that has to be reaffirmed on a daily basis. And so I do think that countries also have to, in addition to standing firm, standing on their own ground on democratic principles, they also have to be willing to promote and expand those democratic principles across borders, especially to counter those liberal influences that you were referring to earlier, that in some cases are, really transmitted and increased through disinformation campaigns or phony PR campaigns that need to be called out of course by all actors. DM: Thanks again, Kristen for joining me in conversation about how democracies can best meet the challenges of COVID and how NDI with its global partners are meeting the moment. KS: Thank you, Derek. DM: I'd also like to say thank you to our listeners. To learn more about NDI or to listen to other DemWorks podcasts, please visit our website at www.ndi.org. Thanks very much.
World map of Coronavirus (Covid-19)
19. Governance is Key During COVID-19? (w/ Kristen Sample) Posted 6 days ago
Democracy (General), COVID-19 Podcast NDI Listen democracy
Summary of the Study Introduction Sudan is the third largest country on the African continent with a total area of 1,882,000 sq km. before the secession of South Sudan in 2011; Sudan was the largest country in Africa, covering I million square miles. Sudan is unique and complex in its climate, politics, environment, languages, cultures, religion and ethnicities. Demographically, Africans are the majority (52%), with Arab and Beja tribes constituting 38% and 6% of the population, respectively. Over 597 tribes live in Sudan that speak more than 400 dialects and practice different religions, live in Sudan. Muslims make up 70% of the total population of Sudan, followers of indigenous beliefs comprise 25% and Christians constitute 5% of the population. The complex mixture of the Sudanese social fabric renders it neither distinctly African nor Arab country. The Sudanese, however, have long disagreed about Sudan's identity. For some, Sudan should be Arab and Muslim. Other believe that the country should respect and accommodate all the cultures, religions and minorities within its territory. Most of Sudan constitutions stated that Islam and Arabic language should define the national identity. Politically, since the independence, Sudan has experienced a fluctuation between military rule and democratic rule. In fact, Sudan spent thirty years under the military rule, and only twelve years under democratically elected governments. The successive governments have frequently made use of emergency legislation to broaden the executive powers. These legislative measures have contributed to conflict and facilitated a range of human rights violations. In addition to the political instability, Sudan has the distinction in Africa in enduring a devastating civil war: that is: Sudan's north-south civil war. The conflict started just a year before the independence of Sudan, in 1956. The cumulative impact of that conflict has been massive. The conflict has caused horrendous loss of life in any interstate war, and has produced the largest internally displaced population (IDP) in the world. Sudan north-south conflict has long been perceived as ethnic or even religious conflict between the north and the south. Ethnicity has been used generously in the description of that conflict. Yet, a closer look at the history of the conflict reveals that the root-causes of that conflict are highly complex. But, this is by no means to say that conflict has had no ethnic, racial and religious overtones. The eruption of the north-south conflict was the result of a combination of factors. One could trace the root-causes of the conflict to the invasion of the south from the north by Turkiyya that expanded southwards, and the simultaneous development of slave trade. Thereafter, the British rule contributed in different ways to the crystallizing of the north-south dichotomy. After the independence of Sudan, successive governments, were unsuccessful in handling the growing southern problem, ranging from neglect to attempts to reverse the British isolation by enforced Arabisation and Islamization of the southern Sudan. The north-south conflict ended, in 1972, when Addis Ababa Agreement was signed by then President Nimeiry. But, the conflict broke out again, in 1983, when the Addis Ababa Agreement was abrogated by the then President Nimeiry. After a series of peace talks (which witnessed 'start and stop'), a Comprehensive Peace Agreement (CPA) was concluded, in 9 January 2005, between the Government of Sudan (GoS) and the Southern Sudan People's Liberation Movement (SPLM/SPLA) to end the conflict. The CPA provides for a temporary solution for the conflict through, inter alia, the distribution of the power between the north and the south of Sudan by establishing a decentralised system of government with a significant devolution of powers within which the Southern Sudan is to enjoy a regional autonomy and share half of the resources with north Sudan for a period of six years. Furthermore, the CPA creates joint institutions, such as, the Government of the National Unity (GoNU) in which the Southern Sudan participate and share ministerial posts. The CPA also provides for the establishment of a number of commissions for implementing and monitoring the CPA, for instance, the Evaluation and Monitoring Commission, the National Human Rights Commission, etc. At the end of the interim period, a referendum on the self-determination is to be held, in 2011, in which the people of the Southern Sudan will decide whether to remain within a united Sudan or to secede and form an independent State. The Aim of the Study The significance of this study derives from the conclusion of the CPA and the adoption of the Interim National Constitution (INC) that called for democratic transformation so as to bring an end to Sudan north-south conflict. While the CPA ended Sudan's north-south conflict, a lasting peace and a democratic transformation, in Sudan, may prove elusive unless the CPA provisions are translated into reality, especially the implementation of constitutional, legislative and institutional reforms, including human rights protection and respect for the rule of law. The study aims to answer whether the CPA and INC can fulfil their roles in securing peace and establishing a framework in which the constitutional protection of human rights are recognised and effectively implemented through the availability of the various mechanisms. In this respect, the CPA provided for the adoption of a new constitution (INC), with a view to embedding constitutionalism, rule of law promotion, and protection of human rights. It is, therefore, this study is meant to analyze the constitutional, legislative and institutional reforms of the CPA and INC with a view to examining whether such constitutional reforms may be conducive for a lasting peace, in Sudan, that is based on human rights protection, constitutionalism and the rule of law. The CPA stipulated the need for institutional and legislative changes to reduce the risk of recurrence of human rights violations. To this end, the CPA mandated the adoption of a bill of right (for the promotion and protection of human rights) and provided for re-restructuring of the courts system. Such institutional reforms are aimed at embedding constitutionalism. That is to say: establishing a system in which the constitution provides an agreed upon framework for the exercise of powers and the protection of human rights. In this respect, the study examines whether the outcome of the constitutional reforms process (to recognise, implement, and protect human rights as provided for in the INC) have been reflected in institutional and legislative reforms to protect and prevent human rights violations and address past violations and systemic factors that have contributed to violations. To that end, the human right jurisprudence of the constitutional court will be examined. The Organization of the Study a) The Structure of the Political/Governance System in Sudan under the INC With the devolution of the powers and resources to the Southern Sudan level and other States, the governance system, under the INC, is structured with four levels of government: the national level at the apex, the Government of South Sudan level, the State level (25 States), the local level. Now, the government responsibilities are decentralized and the national government allocates a significant proportion of revenues to the States. It is, therefore, that the first question that this study poses is: What is the impact of the current governance in giving greater equity of representation and decision-making influence to communities across Sudan, thereby facilitating conflict management to achieve a lasting peace in Sudan? In Sudan, previously appropriate design of institutions to ensure political accommodations for all social groups has not been established in a way that would give them the chance to function properly. Now, the INC restructures the prevailing governance system by establishing a decentralized system of government that bears the characteristics of asymmetrical/symmetrical federalism - asymmetrical in the structure and responsibilities of subunits, with the level of South Sudan having more powers and resources than other States across Sudan. Establishment of a federal structure may constitute a mechanism for preventing a relapse into conflict through the devolution of the powers to the State level. For a federal to work effectively, it requires a functional court system to decide on the jurisdictional limits of the different levels of government. Nevertheless, the relevance of the court system in resolving the intractably political contentions in federal countries, especially in transition situations, is uncertain. Noticeably missing from the literature is the study and analysis of the impact of the role of court system in post conflict countries. That said, the role of the court system in preserving democracy has grown in importance with the increase recognition of the judicial review of the constitutionality of the acts of the government organs and the recognition and the protection of human rights provisions. It is, therefore, that the involvement of the courts is necessary to ensure the successful operation of the federalism and thus the failure or the success of federalism is contingent on the implementation of the federal system by the courts. According to some scholars, 'federalism means legalism – the predominance of the judiciary in the constitution- the prevalence of a spirit of legality among the people'. As '[the] courts …are actually telling a government how far it can go with its assigned constitutional rights'. This leads to the second question that this study addresses which relates to the analysis of the constitutional reform as provided for in the INC, in general, but with a special focus on the role of the court system, through the application of judicial review and protection of human rights, to resolve not only disputes in litigations between private parties, but also to prevent the arbitrary exercise of the government power. b) The Structure of the Legal System (Court System) in Sudan under the INC The available literature presents different views as to the role of the court system in new democracies. On one hand, one view assumes that the courts have a fairly wide discretion to decide the outcome of the controversial cases to the needs of the political moment. The other view, on the other hand, takes the position that political actors do not exert any kind of influence at all on the way judges make their decisions. A third source, and with which I agree, argues that legal rules do put constrains over the exercise of the judicial discretion in controversial cases. A fourth view argues that in new fragile democracies constitutional courts/supreme courts should not be involved in judicial review, especially on adjudicating issues related to social and economic rights, which may profoundly affect the allocations of resources and violate the doctrine of separation of powers. In this respect, the study considers whether the court system, as restructured in the INC, and other constitutional guarantees introduced to the legal system as a whole, offer good prospects for constitutionalism that may control the power of the government so as not act arbitrarily. The role of court system in resolving disputes is highly contingent on the substantive law and the institutional structure within which the courts apply laws. Thus, this study examines to what extent the current structure of the legal system under the INC and the protection of human rights through the application of the Bill of Rights by the courts may signal the State's commitment to constitutionalism and respect to the rule of law. It is, therefore, that the role of the court system (in contributing to democratic transformation in Sudan) should be evaluated against the legal framework: that is the INC, with a focus on the independence of the judiciary, the application of the Bill of Rights and the rules governing the judicial review. c) The Legislative and Institutional Reforms under the INC The functions of the courts, in developing countries, have experienced increasingly transformative role as institutions that can hold the government organs accountable. The study aims to examine the practice of constitutionalism: that is, the implementation of the INC constitutional, institutional and legislative reforms, especially the compliance with the provisions of the INC and the CPA, in particular the role of the constitutional court as "a positive legislator". In this regard, the Sudanese Constitutional Court may play an important role in the law reform process given its power to annul laws found unconstitutional. This entails the non-applicability of such laws and, as a result, would compel the government institution/organ concerned to adopt new legislation that is in conformity with the INC. Thus far, the Sudanese constitutional court, under the INC, has received a number of human rights cases that involved issues related to violations of human rights or related to the constitutionality of key legislation, such as counter-terrorism laws, immunities for officials and statutes of limitation for torture. So what role the constitutional court has played in the law reform process under the INC? For the court system to play a role in the democratic reform, a comprehensive law reform process is seen as a prerequisite to bring the existing laws in line with the provisions of the INC and enacting new laws. Therefore, this study identifies what legislative and institutional reforms that have been undertaken by the parties to the CPA during the interim period to address human rights violations, root-causes of the conflict; inequality; marginalization, rule of law vacuum and weak democratic structures. Furthermore, this study offers empirical evidence for the judicial behavior of the Sudanese constitutional court through a systematic examination of selected human rights jurisprudence of the constitutional court to gauge its role in the law reform process in Sudan since the adoption of the INC. Overview of the Study and the Main Findings of the Study Introductory Chapter: Overview of the Study The Introductory Chapter provides an overview of the study, including, the key features of the State of Sudan, the aim of the study, the main objectives of the study, and a general overview of the study. Chapter One: A Historical Background of Sudan's North-South Conflict Chapter One gives a rich and deep account of Sudan north-south conflict. It looks at the root-causes of the conflict by elaborating on different factors that directly and indirectly contributed in making that conflict protracted. Chapter one moves on to consider the end of the first Sudan's north-south conflict which was ended when Addis Ababa Agreement was signed in 1972. Chapter one further elaborates on Sudan's second north-south conflict which broke out in 1983. Finally, Chapter one touches on the various peace initiatives that ended by the conclusion of the CPA. Chapter One concludes by analysing the CPA. In the final analysis, the CPA made significant changes the prevailing governance and legal systems in Sudan by establishing a federal system, introduced a dual legal system a bill of rights, provided for the right to self-determination for the south Sudan, established institutions for the protection of human rights by establishing mechanisms such as National Human rights Commission, and distributed the wealth equally between the north and the south. However, the CPA failed to include the Sudanese people in the talks leading to the conclusion of the CPA, as the CPA was bilateral reflecting the views of the north and the south. Chapter Two: The Structure of the Governance System under the INC The INC describes Sudan as a decentralized State with different levels of government: the national level, the Southern Sudan level, the State level and the local level. It further grants the Southern Sudan autonomy status. A careful analysis of the current governance arrangements reveals that the INC provides for asymmetric/symmetrical federalism system of governance. Chapter Two discusses the allocation of legislative powers between the national government, the Southern Sudan and the rest of the country and the nature of the constitutional design of the INC to manage diversity of Sudan (ethnic, linguistic, religious and cultural diversity). At the outset of Chapter Three provides an overview the fundamental principles of federalism and provides a brief historical background of federalism in Sudan and how federalism arrangements can play a role as a tool for peace-building. In the final analysis, in contract with old constitutions of Sudan, the INC establishes a federal system, with four levels of government; national, south Sudan, State and local levels. The INC federal system guarantees the special characteristics of all ethnic and religious groups in Sudan through the creation of the Council of the States. However, all the States in Sudan are not treated equally, because (1) two States have special status (South Kordofan and Blue Nile States), and (2) between the ten States in the South and the national level, the Government of South Sudan (GoSS) is inserted to exercise authority in respect of the ten States at South Sudan level. This means the INC creates asymmetrical/symmetrical federalism, as the South Sudan level enjoys significant autonomy and exclusive authority over ten States in South Sudan. All the States in Sudan are not treated equally, because (1) two States have special status (South Kordofan and Blue Nile States), and (2) between the ten States in the South and the national level, the Government of South Sudan (GoSS) is inserted to exercise authority in respect of the ten States at South Sudan level. This means the INC creates asymmetrical/symmetrical federalism, as the South Sudan level enjoys significant autonomy and exclusive authority over ten States in South Sudan. The INC Schedules (A – C) distribute the exclusive and legislative powers to the national level (A), the GoSS level (B), and the state level (C). Schedule (D) lists the concurrent powers and Schedule (E) allocates the residual powers as per its nature. Schedule (F) is a provision to resolve conflict that might arise under Schedule (D). It should be noted that not all issues listed in the INC schedules are allocated to one level of government only. For example, several substantive issues are granted to the national level as an exclusive competence, to the South Sudan level as an exclusive competence and at the same time to all levels of government as a concurrent power, such as telecommunication. With regard to the legislative powers allocated to the tens states at the South level, the GoSS according to Schedule (B) has the competence to enact a kind of framework with regard to issues that fall under the exclusive South Sudan State competence, thereby limiting the legislative powers of the ten States in South Sudan. Finally, the INC has reinforced existing power relations and failed to provide structural changes for democratic transformation, as the INC asymmetrical federalism accommodates the demands of the South Sudan only. As the INC does not accommodate the demands of the different ethnic and cultural groups in the different regions of Sudan as demonstrated in Darfur Peace Agreement and East Sudan Agreement. Chapter Three: The Structure of the Legal System under the INC The INC altered the Sudanese legal system with a view to accommodating the competing views: Sharia law and secularism. For a proper understanding of the present Sudanese legal system and an assessment of the role of the court system in contributing to democratic governance, a glance at the Sudanese legal history is necessary. Firstly, Chapter Three reviews the constitutional developments in Sudan since the independence to the present day. Secondly, Chapter Three provides overview of the structure of the court system in a decentralized system and focuses on the contribution of the court system to democratic transformation through limiting the acts of the government. Chapter Three further discusses issues that may impact of the role of the court system in contributing to democratic transformation. Yet, the role of the court system in promoting democratic transformation is contingent on the constitution, the substantive law, etc. For instance, instituting the principles of constitutionalism is contingent on the independence of the judiciary, as an independent judiciary is required for the protection of constitutional rights and to restrain the actions of the government. Thus, it is important to understand under what conditions the court system develops such accountability functions: that is, what conditions favor the ability of the court system to exercise an effective accountability functions. It is, therefore, Chapter Three examines (a) how the INC re-structures the court system in the north and the south of Sudan so as to give effect to the principles of the federalism and legal pluralism; (b) the rules regulating the judicial review, and (c) the protection of human rights through the implementation of the bill of rights by the court, all of which signal the commitment of the State to establish democratic governance. Finally, Chapter Three attempts to evaluate the independence of the judiciary and the rules that govern the judicial review before and after the adoption of the INC with a view to assessing the fidelity of the government to the principles of constitutionalism, and whether the limitations observed in the actual conduct of the government. In the final analysis, the INC constitution making process was bilateral reflecting the views of the parties to the CPA and lacked inclusiveness, but provides for a pluralism legal system by providing for a constitution for south Sudan and 25 State constitutions. The INC introduces State judiciary and South Sudan judiciary and opted for an integrated the court system. That is: the State courts apply the State laws, the national laws and the South Sudan laws. In the North, the State courts are still organized by the national level, although the NC provides for the establishment of the State judiciary. At the South Sudan level, all State courts are organized and financed at the level. Towards the South Sudan, the National Supreme Court is the final court of on matters arising under national laws The INC emphasizes the importance of protecting; respecting and promoting human rights through the inclusion a bill of right and incorporation via Art. 27(3) of the INC all human rights treaties that Sudan has ratified, thereby the human rights contained in the INC directly applicable before the Sudanese courts. Also, the implementation of some human rights requires revision of the existing statutory laws. To date there has been limited legislative reforms to address human rights violations. A few laws have been reformed but fall short of Sudan international obligations, such as Criminal Act, Security Laws, Immunity Laws, etc. The INC differentiates between the north and the south regarding the sources of legislation. Art. 5 of the INC lists Sharia as one of the sources of legislation along with the consensus of the people at the national level. Art. 5(2) of the INC names popular consensus and the values and the customs of the people of Sudan as the sources of legislation in South Sudan. The INC contains special rules for national legislation if its source is religion or custom. In that case, a state where the majority of residents do not practice such religion or customs may introduce different legislation allows practices or establishes institutions in that State that are consistent with its own religion or customs. The INC establishes human rights commission for the implementation of the bill of rights as well as a commission for the protection of non-Muslims in the Capital. The INC has chosen a concentrated system of judicial review and a hybrid system of judicial review with respect to the South Sudan as the Supreme Court of South Sudan acts as a constitutional court and a high court of Appeal with respect to South Sudan. The newly enacted Judicial and Administrative of 2005 does not provide for concrete judicial review of law and bars the court from question the constitutionality of law by way of making referral to the constitutional court, thereby renders the judiciary unable to deal with crucial constitutional issues. Chapter Four: Institutional and Legislative Reform: Practice of Constitutionalism In order to understand whether the adoption of the INC has brought any changes may enhance the role of the court system in contributing to democratic transformation; Chapter Four scrutinizes the compliance of the statutory law with the provisions of the INC, the law reform process in Sudan and the implementation of law in practice. Chapter Four further presents an analysis of more pertinent provisions of civil and political rights in the light of the laws and practices prevailing in the country to assess the extent to which the principles laid down in the INC are complied with. It further assesses the involvement of the Sudan constitutional court in the law reform process by reviewing a selected human rights jurisprudence of the constitutional court. Finally, Chapter Four makes a reference to the jurisprudence of other constitutional courts (the German constitutional court, the Indian Supreme Court and the South African constitutional court) by way of comparison. In the final analysis, a) the INC does not set out procedure for concrete review and access to the court is not free; b) The court has a broad power to consider and adjudge and annual any law in contravention with the constitution and restitute the right to the aggrieved person and compensate for the harm. The court may also order interim measures to avoid any harm. As such, the court can abolish laws and compel the government to enact new law; c) the constitutional court has reviewed a number of cases that alleged the violation of human rights. The court has demonstrated reluctance to declare legislation unconstitutional. Interpretation of the bill of rights and reference to international human rights lacked consistency and the court has taken deference to the executive; d) the constitutional, legislative and institutional changes did not acknowledge past human rights violations through mechanisms that would question the way of governance and persisting inequalities and injustices; e) the constitutional court has institutional weaknesses and its jurisprudence has largely upheld existing laws such as immunities laws and the constitutional court made limited reference to international human rights law; f) the constitutional, legal and institutional reforms failed to generate the sense of constitutionalism and the fundamental change that were to remove the causes for human rights violations and provide effective remedies. A number of laws contravening the human rights are still in force, such as, Public Order Act, Immunity of police, security and army officers, inadequate laws for the protection of women's rights; and finally, the implementation of CPA as a means of democratic transformation left an unreformed government virtually intact Chapter Five: Post- Referendum Sudan Chapter Five looks at the constitutional developments after the secession of South Sudan, with a focus on constitution making process in Sudan. The Southern Sudan Referendum for self-determination, held in July 2011, clearly indicated that the absolute majority of those who participated in the referendum for the Southern Sudan favour separation of the Southern Sudan from Sudan. The secession of the South Sudan on July 9, 2011, as a result of the referendum on self-determination provided by the CPA has created a new reality in Sudan with far reaching economic, political and social implications. Economic and financial losses related to the secession are substantial and have affected all sectors of the economy. Sudan has lost three-quarters of its largest source of foreign exchange (oil), half of its fiscal revenues and about two-thirds of its international payment capacity. In general, the secession of South Sudan resulted in a 36.5% structural decrease in overall government revenues. The unresolved issue of Abyei constitutes a trigger for potential violent tension in the future between Sudan and South Susan. Abyei status is yet to be decided, as both Sudan and South Sudan claiming it as part of its territory. Its final status will be decided by a Referendum for which implementation mechanisms have not yet been agreed upon by the two countries. The end of the CPA necessitated a constitutional review process to decide on the new constitution to replace the INC. However, for a constitution to be able to win the affections of the citizens of the State, it will be necessary to involve those citizens in the constitution-making process that establishes such a constitution, so as to ensure that the process is inclusive and reflects the aspirations of the Sudanese people at large. It is, therefore, important to increase public involvement in the constitution-making process by inviting public participation. In order for the design of a constitution and its constitution-making process to play an important role in the governance system, the design of the constitution has to be responsive to the aspirations of the ordinary people. A constitutional review process is currently under way but has not resulted in any clear proposals. That said, since 2011, a constitutional review has been underway in Sudan. The constitutional review process has not been participatory or inclusive. Lively debates on the new constitution in general, and the Bill of Rights and human rights protection in particular, have nevertheless ensued. These debates have been driven by a keen awareness of the importance of constitutional rights. These debates reflect both traditional concerns over the protection of civil and political rights, particularly in the administration of justice, and other issues that have also become a cause of acute concern. These include the desire for the realization of economic, social and cultural rights, and the rights of members of groups who suffer discrimination, particular women, religious and ethnic minorities and persons with disabilities. Currently, public debate over the new constitution is proceeding, although the Government has not yet announced a timeframe for the constitution making process, amid a polarization of views on diverse issues such as the decentralization of power and wealth sharing between the different regions of Sudan. Since 2011, the Government of Sudan, in collaboration with the UNDP and other UN agencies, initiated the forum on public participation in constitution making to facilitate open and public dialogue. This approach has been based on the need to pursue the constitutional process/review inclusively, transparently and participatory to ensure all sectors of society including civil society organizations and opposition political groups participate fully in the process.
Issue 30.3 of the Review for Religious, 1971. ; EDITOR R. F. Smith, S.J. ASSOCIATE EDITOR Everett A. Diederich, 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 RI~VIEW Fog R~LIGIOUS; 612 Humboldt Building; 539 North Grand Boulevard; Saint Louis, Missouri 63~o3. Questions for answering should be sent to Joseph F. Gallen, S.J.; St. Joseph's Church; 3~ Willings Alley; Philadelphia, Pennsylvania + + + 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 copyright ~) 1971 by REVIEW FOR RELIGIOUS. I'ublished for Review flw Religious at Nit+ Royal & (;uilford Ave. Baltimore, Md. Printed in U.S.A. Second class postage lmid at Bahimnre. Maryland and at additional mailin~ offices. Single copies: $1.2.'3. Subscription U.S.A. and Canada: $6.00 a yeitr, Sl 1.0(} for two yeats: olher countries: $7.00 a year. $13.00 for two years. Orders should indicate whether they are for new or renewal subscriptions and should be accompanied by check or money order paya-ble to REvmw vog RELIGIOUS in U.S.A. currency only. Pay no money to persons claiming to represent gEvmw t'og RELIGIOUS. Change of address requests should include former address. Renewals and new subscriptions should be sent to REVIEW EOa RELIOIOUS; P. O. Box 1110; Duluth, Minnesota 55802. Manuscripts, editorial correspondence, and books for re-view should be sent to REVIEW FOR RELIGIOUS; 612 Humboldt Buildings; 539 North Grand Boulevard; Saint Lores, Missouri 63103. Questions for answering should be sent to the address of the Questions and Answers editor. MAY 1971 VOLUME 30 NUMBER 3 JOHN R. SHEETS, S.J. Profile of the .Spirit: A Theology of Discernment of Spirits For various reasons the subject of what is traditionally known in Christian spirituality as discernment of spirits is coming to the fore. The literature on the subject is growing.1 Without pretending to discover something new we hope to add another point of view to the traditional way of looking at the discernment of spirits. Ordinarily the idea of discernment of spirits is con-cerned for the most part with the interior motions in the individual.2 With tbe help of prayer, purification, and spiritual direction one attempts to sift out the various movements to see what is genuinely prompted by the Holy Spirit from what is alien, in order to come to a decision in accord with the movement of the Spirit. The emphasis in discernment has been located mainly in the individual subject and with the attempt to discern the various elements at work in himself. Today, however, it seems necessary to bring out other complementary 1 See the excellent study lgnatian Discernment by John Carroll Futrell, S.J., "Studies in the Spirituality of Jesuits," n. 2 (St. Louis: Institute of Jesuit Sources, 1970). In the third footnote of this work there is a select bibliography of works on discernment. -" "Discernment. involves choosing the way of the light of Christ instead of the way of the darkness of the Evil One and living out the consequences of this choice through discerning what specific decisions and actions are demanded to follow Christ here and now. The diakrisis pneumatfn---discernment of spirits--is a 'sifting through' o1: interior experiences in order to determine their origin and to discover which ones are movements toward following the way of light" (Futrell, Ignatian Discernment, p. 47). j. R. Sheets, S.J., teaches in the De-partment of Theol-ogy of Marquette University in Mil-waukee, Wisconsin 53233 VOLUME .~0, 1971 363 4. 4. 1. R. Sheets, REVIEW FOR RELIGIOUS 364 aspects in order to do justice to a wider view of man. There has to be a broader view of discernment of spirits to keep pace with a developing Christian anthropology. We would like to view discernment as the two mutually interdependent loci of an ellipse. Traditionally only one of the loci has received attention: the subject and the internal movements of his soul. This view has to be com-plemented with the other focus of ~ttention which is concerned with what is "ahead of" the subject. This takes into consideration the term of all discern-ment which is closer ~znion while not neglecting the origins of the movement. It emphasizes discernment as a way of seeing the convergence of various elements to effect greater union. It lays stress on the "Spirit-ahead" of us, calling us, rather than concentrating only on the "Spirit-behind-us," moving us from within. Further, it brings out the fact that discernment is not simply a way for one's own spiritual advancement, but that it has a larger dimension. It is the way that history becomes weighted with the power of the Spirit, the way that the Spirit inserts Himself into the movement of history, giving it a Christic orientation. Instead of what can often be simply self-analysis it pints the emphasis on the char-acteristics o~ the Holy Spirit which form a profile against which we project the incipient movements in ourselves. Discernment, therefore, is a process of seeing incipient growth of the Spirit, distinguishing this from what is in reality incipient death. It is like trying to see the face of someone at a distance. That is only possible if one is well acquainted with the "face of the Spirit" before one at-tempts to recognize Him from a distance. For this reason in the last section of what follows we have tried to sketch the main features of His face. Discernment, therefore, has to do with the pneumatic self, the spirited self. Too often, however, it is looked upon as some kind of a supernatural psychoanalysis. We approach a spiritual phenomenon with an attitude and apparatus that are unspiritual, as if we had some kind of a water witch to detect where the genuine fountains lie. We must approach the spiritual spiritually. Discernment is related to human prudence but is not identified with it. Through discernment we try to see how the Spirit-ahead is drawing things into a Christic focus. The place where all of these converge is the epiphany of the Spirit. The tighter the convergence the closer the union, and the more does the Spirit place His imprint on the self and on history. This type of discernment is not simply a good prudential judgment. It does not arise out of the data presented, though it makes use of all the data. It is a judgment which is the result of an encounter of the Holy Spirit from above with the human spirit from below. It is larger than the data though it makes use of all the data. It involves not only good sense but an affinity with the person of the Spirit and empathy with His goals. Human prudence is also a judgment about convergence, but it arises entirely from a correct assessment of the data. There is not anything in the prudential judgment which was not in some way in the data before. Prudence draws the various elements into a judgment for action by draw-ing them into a human focus. Spiritual discernment draws them into a Christic focus. The two processes of judging are related to one another in a way analogous to the re-lationship of reason to faith. This also helps us see how the Christic focus can be achieved even though, after doing all that is possible, the human focus fails. This is the mystery of Christ's Passion and Resurrection. Failure, frustration, death o1: the hu-man point of focus can be taken up into the Christic focus and result in an even greater epiphany of the Spirit. Before we attempt to draw up some norms for the dis-cernment of spirits, it will be helpful to present very briefly some preliminary ideas concerning (1) the need for discernment, (2) the difficulty, (3) the dynamics of dis-cernment, namely, the presence of the Spirit in the Christian, (4) the moments and the modalities of dis-cernment. The Need for Discernment Discernment is necessary to answer the fundamental question: Along which path does life lie, not life simply as existence, but life in greater abundance? All discern-ment is a matter of determining the path of life from the path of death: "And you are to say to this people, 'Yahweh says tiffs: Look, I now set in front of you the way of life and the way of death' " (Jr 21:8). The difficulty comes from the fact that the path of death simulates that of life. The very first temptation presented in Scripture shows the need for discernment. The life offered by God is presented as death, and the death offered by the serpent is presented as life: "You would not die at all: for God knows that the very day you eat of the tree your eyes will be opened, and you will be like gods who know good from evil" (Gn 4:5). In the Old Testament two main types of discernment are shown to be necessary: the necessity of the prophet to discern within himself what comes from God's word from his own "dream," 3 and secondly the need for the people n"The prophet who has a dream, let him tell a dream; and he who has a word, let him speak my word faithfully, says the Lord. What has the chaff in common with the wheat? says the Lord" (Jr 23:28). There ~ire many places where the prophets distinguish what comes from them and what comes from God; /or example, Am 7:2-9,15; 8:1-2; Mi 7:!-10; Is 6:5-12; 16:9-11. 4- + + Spirit's Profile VOLUME 30, 1971 365 4. 4. 4. ]. R. Sheets, S.]. REVIEW FOR RELIGIOUS ~66 to discern the false prophet from the true.4 The experi-ence of Elijah is a paradigm for the discernment of spirits. He did not find God in any of the commotions ordinarily associated with a divine epiphany, the wind, earthquake, fire, but in the gentle breeze, which was the least likely form of God's manifestation (1 Kg 19:9-13). In the New Testament there is much more stress than in the Old on the need for discernment. Christ Himself as filled with the Holy Spirit is the discerner: "And the Spirit of the Lord shall rest upon him, the spirit of wis-dom and understanding, a spirit of counsel and power, a spirit of knowledge and of the fear of Yahweh. (The fear of Yahweh is his breath.) He does not judge by appear-ances, he gives no verdict on hearsay." (is 11:2-3). He discerns the temptation of the evil one in the desert, the activity of the devil in Judas, and the evil hearts of those who want to kill Him (see Jn 8:33-4). He discerns His own heart as always open to the Father: "I always do what is pleasing to him" (Jn 8:29). He stressed the need for dis-cernment because there will be many who claim His own authority to speak (see Mt 24:6). John stresses the fact that spiritual phenomena in the Church have to be discerned: "But do not trust any and every spirit, nay friends; test the spirits, to see whether they are from God" (I Jn 4:1). He goes on to describe the norm for discernment: "Every spirit which acknowl-edges that Jesus Christ has come in the flesh is from God, and every spirit which does not thus acknowledge Jesus is not fi-om God." The Holy Spirit speaks one word wlxich is rich in its tonality: Christ. Botl~ in lais own life and in his instructions to others Paul emphasizes the need for discernment. The point can-not be developed here, but it would be instructive to study Paul's own life as one who discerns the Spirit. Surely the advice he gave to the Galatians was lived first of all in his own life: "If the Spirit is the source of our life, let the Spirit also direct our course" (Ga 5:25).~ He insists constantly on the need for discernment in the lives of the Christians. Often he uses the word dokimazo which means to test, prove: "Try to discover what the Lord wants of you, having nothing to do with the futile works o1: darkness bnt exposing them by con-trast" (Ep 5:10-1). "Bring all to the test" (I Th 5:21). 4 This is a favorite theme in the prophets Isaiah, Jeremiah, aud Ezekiel. See, for example, Is 28:7-13; 29:15-24; 56:9-12; 57:1-5; Jr 5:4,31; Ez 13; La 2:14; Ho 4:5; Dt 13:2-3. ~Paul sees his own conscience as cooperating with the Holy Spirit in forming his judgment: "I am speaking the truth as a Christian, and my own conscience, enlightened by the Holy Spirit, assures mc it is no lic: in my own heart there is great grief and unceasing sorrow" (Rm 9:1). The word he uses is "co-witnessing." "Put yourselves to the test" (2 Co 13:5). "A man must ~est himself before eating his share of the bread and drinking from the cup" (1 Co 1'1:28). There is a very special gift of discernment which belongs to the charismatic mani-festations of the Spirit: "There are varieties of gifts, but the same Spirit. and another the ability to distinguish true spirits from false" (1 Co 12:4-10). This is the gift o[ discerning whether the spirits are truly spiritual, or evil. Finally he stresses the need for discernment in order to preserve the purity of the Gospel message: "The Spii-it says expressly that in after times some will desert from the faith and give their minds to subversive doctrines inspired by devils." (1 Tm 4:1). Paul sees that it is the evil spirits who are ultimately responsible for the defec-tions from the truth of the Gospel (see 2 Th 2:9-11; 2 Co 2:11). The same idea is brought out when Peter speaks of the fact that there will be false prophets among Christians just as there were among the people of Israel: "But Israel had false prophets as well as true; and you likewise will have false teachers among you" (2 P 2:1). The Scripture, therefore, in both the Old and New Testaments, shows the importance of discernment in two ways: first of all, by showing the practice of discernment in those who bring to ns the word of God (the prophets, Paul, John, Peter, and in an eminent way in Christ Him-self); and secondly by showing the need ~or discernment corresponding to three different ways in which the Spirit acts: through discerning His will for us in our personal lives, through discerning the true Gospel from the false, and through discerning a genuine charism from what is inauthentic. The Di[ficulty oI Discernment Experience shows us that it is no~ easy to discern the spirits. This is the lesson we read in Scripture, in history, and in our own personal lives. This could be developed at length. For the present, however, we would like to comment briefly on the three main sources o[ the dif-ficulty: from the term to which the Spirit is moving, from the sell, and from the circumstances. The term of all activity of the Spirit is toward greater union with Christ and through this toward union with one another. When the union which is aimed at is more personal, it is also more delicate and fragile. In love relationships the bond has more of invitation and less of physical force or compulsion, more freedom, less entrap-ment, more speaking through silence rather than through words, more awareness throngh mutnal attunement than through external signs. This is the first source of the dif- 4- 4" + Spirit's Profile VOLUME 30, 1971 367. ÷ ÷ ÷ 1. R. Sheets, S.I. REVIEW FOR RELIGIOUS ficulty of discernment. We are trying to pick up signals that are invitations to a union that is deeper. The second difficulty comes from the self. Before one can discern, he has to be discerned. He has to allow the Word of God to discern him. He must be purified by the coal from the altar of God's holiness. Religious discern-ment is not simply a matter of finding out right answers, as one does in mathematics; nor is it simply a matter of depth analysis practiced in psychology. Discernment im-plies the docility of heart which is the same as purity of heart. What is being discerned is not simply a truth as an abstraction, but a love-truth. For this reason discern-ment involves not simply knowledge but identification with the truth, and a desire for progressive assimilation. The Holy Spirit is the ~absorbing Spirit. To discern one has to open himself to allow death to be swallowed by life. The difficulty of discernment, therefore, comes from the human heart itself: "The heart is treacherous above all things, and desperately sick--who can understand it?" (Jr 17:9). We are all aware of the proclivity of the hu-man heart to rationalize any position, to overlook what-ever might direct our eyes to the truth, to adapt the truth to ourselves, rather than to adapt ourselves to the truth. The third source of difficulty of discernment comes from the circumstances. Sometimes the issue is so com-plicated that even presupposing openness to the Spirit and purity of heart it is not easy to see where greater union lies. An obvious case is that of discerning one's vo-cation. After one has taken all of the steps necessary, with the proper consultation, he has to let his net down into the unknown with trust in the Spirit who is drawing him. In describing the music of Beethoven someone wrote that when you hear it you have the feeling that the one particular note just had to follow the other, that it was, so to speak, made in heaven. No other note would have fitted the "logic of beauty." This remark about music can easily be applied to the discernment of the note of the Spirit that simply "has to" follow. It is not easy to discern it, but it does follow a sequence that is the "logic of the Spirit." If one is attuned to the Spirit he has a sense for the "logic of the Spirit." The Dynamics of Discernment: The Presence of the Spirit in the Christian We have to recover the New Testament sense of the role of the Spirit in Cltristian life. What the soul of man is to his natural life, the Spirit is to Christian life. The Spirit is the source, guide, atmosphere, tone, pattern of Christian life. Once again we have to content ourselves in the interests of economy of space to some brief allusions to this im-portant truth without developing it at length. The gift of the Spirit sums up the whole purpose of the Messiah's coming (Jn 1:33). The Gospel of St. John stresses the fact that through Christ's passion, death, resur-rection His own body becomes the source for the Spirit. Paul emphasizes the new life of the Christian, with the new dynamics of the Holy Spirit: "The love of God has been poured into our hearts by the Holy Spirit which has been given us" (Rm 5:5). The whole of Romans 8 is a description of the new spiritual order of man as contrasted with his old, unspiritual self: "So then, my brothers, there is no necessity for us to obey our unspiritnal selves or to live unspiritual lives" (Rm 8:12). The Spirit we have re-ceived has made us sons (Rm 8:15). He has revealed to our spirit the deep things of God (1 Co 2:10-1). His presence is the proof of what we cannot see, that we are sons of God (Gal 4:6-7). Through him we are renewed (Tt 3:5-6).6 It is important, therefore, to recognize the encompass-ing role of the Spirit. In discerning we are not only trying to discern the presence of the Spirit, but the very process of discerning is from-with-in-by-through the Spirit. It is Spirit as possessed and possessing attempting to discern "Spirit on the way," the movement toward greater and greater union. The Moments and Modalities of Discernment Finally, before taking up the norms for discernment, we want to say a word about the moments and modalities of discernment. By moments we mean the qualities that distinguish in importance different periods of time, either by reason of special gifts of the Spirit or special decisions to be made. Modalities of discernment refer to the various ways in which the spirits are discerned. Not every human moment is a divine moment. Sacred history teaches us that there are certain moments which are kairoi, special moments of grace, where history re-ceives a special impetus of the Spirit. This is true in one's personal life as well as the life of the Church. These are moments of special invitations by the Spirit, of special response, and of special discernment. Further there is a modality of discernment which be-longs to the ordinary day-to-day living of our lives and one which belongs to special occasions. In the ordinary more or less routine events that make up our workaday world, discernment is not conscious or reflective but takes place through the vital dialogue between our new self as OThe Jerusalem Bible in footnote, Rm 5:5, gives an extensive series of references to the doctrine of the Holy Spirit in the New Testament. ,4- 4- 4- Spirit's Profile VOLUME 30, 1971 369 graced through the Spirit and the circumstances of our lives. The habitual "spiritual set" that comes from the Spirit equips a person with an instinct for the Spirit and spiritual values. On other occasions discernment is conscious, reflective, prolonged, methodical. The rules given by St. Ignatius are among the best known help in this process of con-scious discernment. Under modalities of discernment we could also in-clude personal and group discernment. Personal discern-ment takes place in dialogue with God, the self-as-graced, and the circnmstances. Group discernment adds the social dimension. It can be imagined as a pyramid. Those in-volved have a common base, the dialogue is with God, one another, and the circumstances, searching for the point where all of these converge into the greatest union possible. The main examples of group discernment are the general councils of the Church (see the Council of Jerusalem, Acts 15:28: "It is the decision of the Holy Spirit and our decision"). Other groups with a common bond and goal can engage in discernment. This is differ-ent from group, discussion because it takes place in a whole new order with conscious and constant reference to the communion with God and with one anotl~er in the Spirit. We have spoken of theneed of discernment, especially as this is brought home to us through Scripture, the various difficulties in discernment, the dynamics of dis-cernment which come with a new existence in the Spirit, and the moments and modalities of discernment. With these thoughts as a background we would like to give some norms for the discernment of the presence of the Holy Spirit. They are not expected to be some kind of a handy kit for spiritual discernment. They are an attempt to present a profile of the Spirit so that we can recognize Him when we see Him. We cannot be expected to recog-nize, Him in our inner selves unless we have some idea of what He looks like in Himself. We have taken thirteen characteristics as a help to discernment basing them on the nature of the Spirit Himself. Some Norms for Discernment I. The first norm comes from the fact that the Spirit is ÷ the Holy Spirit. He is the consecrating Spirit, drawing ÷ men and the world into the orbit of God's own life.~ ÷ Holiness is one of those rich words which defies ade-quate description. It means that one's life is inauthentic, ~. R. Sheets, S,]. REVIEW FOR RELIGIOUS ~ The theme of the consecration of Christians is a common one in the New Testament. For example, Rm 15:16, where Paul speaks of his ministry as a life of consecration; 1 Co 6:11; 2 Th 2:13; Rm 8:1-13; 1 Jn 3:7,8; 1 P 2:5. no matter how good a person is, unless it is authenticized with the special life of God, that is, unless the ways of God are incarnated in the ways of man, so that man is not simply made to the image and likeness of God through creation, but is shaped to the inner life of God by be-coming the incarnation of God's ways, that is, His holiness. The sense of consecration has the concomitant feature of bringing an awareness of the desecration in our lives, a sense of sin: "He will confute the world, and show where wrong and right and judgment lie" (Jn 16:8). For this reason, the Holy Spirit will~ never be the in-spirit, the spirit of the times. Though He is the comforting Spirit, he will never be the comfort~ible Spirit. He has to il-lumine darkness, and men do not want their deeds il-lumined. Augustine's remark i~s perennially true: "They love the truth when it enlight,ens; they hate it when it reproves; they love it when it reveals its own self, and they hate it when it reveals themselves." The first rule for discernment, then, is this: Does it bring a greater sense of consecration, an integration of life through holiness, and at tl~e same time the need for purification, the sense of our distance from God? 2. The second norm is dra~n from the fact that the Holy Spirit is Spirit. Everything produces its own likeness as far as possible. The Holy Spirit by His very nature spiritualizes. It is difficult to appreciate what spirit and spiritualiza-tion mean not only because of the depth-nature of spirit, but also because of the false im'pression most people have of spirit. For many spirit means non-human, or less than human, unreal, foreign to the world of man. ~In the Scrip-ture, however, spirit connotes p',ower that is creative, over-powering, sustaining, surprisirfg, inspiring, gentle in its force, but forceful in gentleness' (see Elijah, 1 Kg 19). The spirit puts life into the dry bones of humanity: "I shall put my spirit in you and you shall live" (Ez 37:1). How does an act that is me~'ely human become spiri-tual? It becomes enveloped with, impregnated with a new life. St. Paul describes in detail the spiritual life of the Christian (Rm 8:lff): "The unspiritual are interested only in what is unspiritual, but the spiritual are inter-ested in spiritual things. It is death to limit oneself to what is unspiritual; life and peace can only come with concern for the spiritual" (Rm 8:5,6).s This provides us with the second norm for discerning the presence of the Spirit: is an act more spiritual, that is, does it bear the imprint of the Spirit? This is the same Sin the footnote to Rm 1:9 the Jerusalem Bible presents an extensive list of references to the word "Spirit" in the New Testament both as it pertains to man's spirit and to God's Spirit. + + ÷ Spirit's Profile VOLUME 30, 371 4, 4, 4, I. R. Sheets, S.]. REVIEW FOR RELIGIOUS paradoxically enough as asking: Is the act more human, because it is the nature of Spirit through His creative power to make things more what they should be by draw-lng them into a new source of authenticity. A spiritual act bears the mark of the new creation. On the contrary, an act that is unspiritual is one that bears the marks of death, inversion, self-centeredness. Admittedly it is diffi-cult to apply this norm in some sort of an empirical fashion. It is a norm which only a spiritual person can apply because he alone can pick up the signals of spiri-tuality. 3. The third norm comes from the fact that the Holy Spirit is the Spirit of Truth: "If you love me you will keep my commandments, and I shall ask the Father, and he will give you another Advocate to be with you forever, the Spirit of Truth, whom the world can never receive since it neither sees nor knows him" (Jn 14:15-17). It is not easy to express all of the nuances in the Scrip-tural word "trnth." We often equate it with a mental category. In Scripture, however, it describes a way of being, or more explicitly, a way of living. It is being-faithful or living faithfully. In God's providence there are four notes that make np the one chord of fidelity: first of all, God's faithfulness to Himself or to His promise, which incarnates itself in Christ who is the manifestation of the Father's fidelity, whose fidelity in turn is poured out among men through the Spirit, who is the Spirit of Fidelity, who in turn creates the Church, which is de-scribed as the "pillar and foundation of the truth" (1 Tm 3:15). Fidelity is a way of being where one's being and acting are shaped by a relationship to a person. The real, the unsubjective, what is there, is allowed to shape one's choices. Fidelity means that the past-self is not a matter of memory but is the present-self. It is the way past identity shapes present and future identity. In philosophy being is the highest expression of what existence means. In Christianity fidelity is the highest expression of the real. In the discernment of spirits it is important to look for the note of fidelity, the degree to which we allow the word of God and His will to shape each moment of our lives, the extent to which we allow the Church as the pillar and foundation of fidelity to mediate to us God's word and will. As a negative norm for discernment any act is to be rejected which makes us less faithful, which loses the sense of the absolute, reducing everything to what is relative, seeing truth in terms only of opinions like conservative, liberal and so forth, embodying an at-titnde which sees truth only from a subjective point of view--all of these are signs that point out the spirit of infidelity, "in whom there is not truth" (Jn 8:44). The Spirit of Fidelity leaves his own stamp of fidelity. 4. In the fourth place, the Spirit of Christ is the eschatological Spirit. He is the Spirit of the Christ-who-has- come and the Christ-who-is-to-come. He is the per-sonal tension of that which is already done in Christ and that which is yet to be done in His members. His whole purpose is to pour forth the gifts that are in Christ: "Ascending on high he gave gifts to men" (Ep 4:8). The Spirit as eschatological gift is the Spirit of Per-spective. He gives us the vision of the relationship be-tween the past event in Christ, our present living out of this event, and' the future fulfillment. He gives, then, a sense of the direction of time and its relationship to eternity, of this world to the next, a sense of what is simply means and what is goal. This serves as a norm for discernment of spirits. Is there a sense of value of eternal life over temporal life, of what is permanent over the transient, of the presence of Christ as .the absolute over the relative, of awareness of the overplus of meaning over non-meaning, of direction over drift in history? Negatively, is there a loss of perspective? Are means made into ends? Is eternal life seen as the climax of love or as an abstraction? It must be confessed that eternal life does not play too large a part in our contemporary mentality. We are like people .who keep throwing life jackets to pull those who are drowning into a sinking ship. 5. In the fifth place, the Spirit of Christ is the Spirit who creates the Christian community. The various terms used for the Church in the New Testament bring out the aspect of community: one body with many members, family, people of God, temple, vineyard, city, spouse. The Holy Spirit creates community by creating unity: "Do all you can to preserve the unity of the Spirit by the peace that binds you together. There is one Body, one Spirit, just as you were called into one and the same hope when you were called" (Ep 4:3). The unity of the Church is not based on common interests, bonds of blood, or even a common goal. The bond is the Spirit who draws the members together through their faith, which is the this-side expressio.n of the inner union of the Spirit with the Father and the Son. This serves as a help to discern the spirits. Does an action tighten the bonds of unity in the community? Negatively, does it bring about division and fragmenta-tion? 6. In the sixth place, the Spirit of Christ is the Spirit of the Word made flesh. He is the sacramental Spirit, the incarnating Spirit, the "material" Spirit. Proceeding from 4- Spirit's Profile VOLUME 30, 373 + + J. R. Shee~s~ $4. REVIEW FOR RELIGIOUS 374 the flesh of Christ He draws all flesh into the flesh of Christ: "On the last day and greatest day of the festival, Jesus stood there and cried out: 'If any man is thirsty, let him come to me. Let the man come and drink who believes in me.' As Scripture says: 'From his breast shall flow fountains of living water.' He was speaking of the Spirit which those who believed in him were to receive; for there was no Spirit as yet because Jesus had not yet been glorified" (Jn 7:37-9). Here we see the importance not only of the sacraments formally so called, which in reality are points of Christic concentration, vortices drawing men into°Christ, bnt the drawing presence of the Spirit through all that is material --other people, circumstances, the sacramentals of the Church. In this connection we cannot emphasize enough the importance of sign and symbol as vehicles of the Spirit. The Spirit is a hungry, thirsty Spirit. He draws men through every pore of matter into the flesh of Christ. As a norm, then, to discern the presence of the Holy Spirit we should see to what extent His sacramentalizing presence is brought OUt. Negatively, the Spirit is absent where there is a tendency towards desacramentalizing, a false depreciation of matter, or a false internalization that devalues the drawing power of sign and symbol. 7. The Spirit of Christ is the Family Spirit. The same Spirit of Christ animates Christians of all centuries, cre-ating a kindred Spirit. He creates a basic identity that transcends differences of culture, philosophy, manners, and customs. The Christian is at home with the prophets of the Old Testament, the Apostles of the New, the fathers of East and ¼Zest, and so on through history. As a norm for discernment of spirits it is helpful to ask to what extent some mode of action bears the marks of the kindred Spirit. 8. The Holy Spirit is the charismatic Spiri[. There are two ways in which He distributes His gifts: to the person for the social, and to the social for the person. He gives His gifts to individuals to build up the Church for the person. He gives His gifts to individuals to build up the Church, and gifts to the Church to sanctify persons. He is the author of both types of charism: institutionalized charism, which is the Church, with the special role of the pope and the college of bishops; and the personal charism, given to an individual for the whole Body. It is a sign of the presence of the Spirit where there is due respect for both modes of the Spirit's charismatic presence. Negatively, any spirit which puts these gifts in opposition is not the Holy Spirit. 9. The Spirit of Christ is the Spirit who opens ns to the will of the Father: "He will not speak on his own authority, but will tell only what he hears" (Jn 16:14). The Spirit is "all ears" for the will of the Father. He tries to open our ears to hear His voice. Paul makes this one of his main concerns, that the Christian seek the will of God (Ep 5:17; Col 1:9; 4:12; Ph !:9; 2:13). This acts as a norm of discernment: the extent to which we are concerned with the discovery and the living out of God's will. 10. The Spirit of Christ is the Liberating Spirit: "Now the Lord of whom this passage speaks is the Spirit; and where the Spirit of the Lord is, there is liberty" (2 Co 3:17; see Rm 8:1-13). Much has been written about freedom. Unfortunately we have to limit ourselves to a few observa-tions. Freedom is that mysterious power at the heart of a person by which one can open oneself to other selves. It is a power of excentration, bv which the self is given, and other selves are received. It is the way in which life be-comes a sharing of persons, not simply a sharing of things. Christian freedom is a share in Christ's own free-dora through His Spirit, a power to open oneself to the Self of the Father and the Son, and to love others as Christ Himself has loved. It is a sign of the Spirit's presence where there is genuine growth in freedom, which manifests itself in a greater sense of responsibility to the Father and to others. 11. The spirit is the Spirit o[ Christ. His whole work is to reproduce the image of Christ (2 Co 3:17if). If some-thing leads to a greater awareness of Christ, then it comes from the Spirit of Christ. 12. The Spirit of Christ is the Organic Spirit. He is the Spirit who creates nnity through variety. He is the Spirit who gives not only His gifts, but shares His own power to give: "There are varieties of gifts, but the same Spirit" (1 Co 12:4). There are two ways to destroy an organic unity, either through dismemberment, or by reduction of differences to make one homogeneous mass. The true Spirit is present where there is respect for the distinctiveness ot~ His gifts and their complementarity. The evil spirit destroys either by dividing or by reducing everything to an nndiffer-entiated mass. 13. Finally, the Holy Spirit is present where he pro-duces the symphony of His life in dae Christian: "What the Spirit brings is very different: love, joy, peace, pa-tience, kindness, goodness, trustfulness, gentleness, and selLcontrol" (Gal 5:22). This is another way of saying that He creates the image of Christ. The Spirit is present to the extent that a spiritual harmony is found in one's life. + ÷ ÷ Spirit's Protile VOLUME 30, 1971 375 Conclusion We have perhaps attempted to cover too much in such limited space. Each one of the topics touched on could be expanded indefinitely. We have tried to stress the follow-ing points. We need to see the Spirit not only as working in us and behind our actions, but as the Spirit ahead of us, drawing our lives into a Christic convergence. We have to discern the movements of the Spirit not only from the be-ginnings but from the term. Besides seeing discernment as a means for greater personal union, we have to see it as the way in which history becomes freighted with the Spirit. We stressed the role of the Spirit Himseff in our process of discernment, and familiarity with His personal characteristics in order that we might more readily recog-nize His operations. In this way we can be "transfigured into his likeness, from splendor to splendor. Such is the influence of the Lord who is Spirit" (2 Co 3:18). 4. 4. I. R. Sheets, REVIEW FOR RELIGIOUS EDWARD J. FARRELL Fraternity and Review of Life For where two or three are gathered together in my name, there am I in the midst of them (Mt 18:20). ! am longing to see you: I want to bring you some spiritual strength, and that will mean that I shall be strengthened by you, each of us helped by the other's faith (Rm 1 : 11). Your mind must be renewed by a spiritual revolution . You must speak the truth to one another, since we are all parts of one another . let your words be for the improvement of others as occasion offers, and do good to your listeners (Eph 4: 23-9). Let the message of Christ, in all its richness, find a home with you. Teach each other, and advise each other in all wisdom (Col 3: 16). Some years ago, Romano Guardini expressed his con-viction that a basic cause for diminishing faith is our inability or unwillingness to share our faith experiences with one another. Without this sharing, he believed in-dividual faith is weakened. Fifty years later, in the midst of our present theological traumas, a spiritual evolution is happening in the emergence of small-group faith com-munities which I describe as fraternities. What Is a Fraternity? A fraternity is as new and as ancient as this morning's liturgy. It is the fundamental Christian experience. The first fraternity was that begun by Christ in his calling together the Twelve. The fellowship and brotherhood (koinonia) of the early Christian communities were a fraternity experience. Today's fraternity continnes that pattern. A group comes together tO pray, to listen to the word, to share, to be responsible for one another and to one another. Its members celebrate both the present mys-tery of their life in Christ and Christ's life in and through them in the world. In a deep sense, the fraternity lives out the Eucharist in the actuality of the ordinary of life. Openness to Christ in the presence of one another de-velops a givenness to each other. This experience embodies -I- '4- Edward J. Farrell is a s~aff member of Sacred Heart Semi-nary; 2701 Chicago Boulevard; Detroit, Michigan 48206. VOLUME 30, 377 ÷ E. 1. Farrell REVIEW FOR RELIGIOUS 378 the true meaning of co-responsibility, and this co-respon-sibility nourishes the grace and charism given to each for the service of all. Through a fraternity one grows in the capacity to see more and more in the light of faith and to draw and call each other to a more complete response to the Father. Fraternity is, simply stated, the actualizing and living out our love for one another through the recognized presence of Jesus in our midst. Why Fraternity? We are caught in a time of great changes in which familiar ctdtural patterns, customs, structures, and guide-lines have been swept away. "Crisis" is on everyone's tongue--crisis in faith, crisis in education, crisis in cities, crisis in marriage. "Crisis" is a good Greek word meaning and signifying judgment, discernment, decision. In that sense, life is a crisis! Because we are free, the human condition will always be in crisis. We are always in proc-ess of growth and development and its dialectic, canght in "overchoice" and "alternate eternities." We are polarized between anonymity and community; alienation and over- .involvement; loneliness and people-suffocation. In the paradox of our life today we need commnnity, perhaps more intense community than ever. We need privacy, a solitude richer than we have ever experienced. Yet too much community stifles and depersonalizes; too much solitude begets a barren and sterile loneliness and alienation. Change generates new perceptions and fresh needs emerge. There are new levels of self-awareness, per-sonal consciousness, the quest for inner freedom, for self-determination, resistance to authority, structnres, systems. Personal relationships have displaced rules. The people yon choose to be with become themselves the structure. In times of transition and instability human institu-tions contract to basic and primary units. There is too great a gap between the large community and close friend-ship and it is into this vacuum that fraternity has moved. It neither displaces or is a substitute for either because both are necessary. Rather it is a response to a new need, a new life situation not previously known. Value of Fraternity A fraternity offers an adult experience of a family. When we were young we could not wait to move out from onr families, and then we spend the rest of our lives seeking and developing a family of friends. This family of friends, a wall of friends, is a need, a human universal which no one ever outgrows. This is not only a human need but a personal right guaranteed by the essence of the Christian experience. Fraternity is built upon the truth that we need an inner commnnity of friends. This faith commtmity is essentially for balance, for matttrity, for continuing growth. In this family of friends one can be wholly himself, loved not io mt~ch, of cottrse, for what he does, but simply that he is. Fraternity is built npon the truth that Christ willed men to be saved by men. We need one another; In fra-ternity we make onr life in Christ visible before our brothers, asking them to hold ns faithful to our call and to our grace. Perhaps the great weakness in ot~r faith life is that it remains too invisible, known only to God in that vertical I-Thou relationship. Fraternity enables that vertical relationship to touch the horizontal life where Christ must be made visible. In nay own experience, the first effect of fraternity is to help me in fidelity. "How often have I seen myself in a mirror and walked away, forgetting what manner of man I am." The common sin of good religious is non-response to grace. It is not a matter of being bad priests or sisters, but it is plateat~ing year after year in a slowly contract-ing self-gravitational orbit. The grace of fraternity is to enable one to break out of that orbit and to be given that thrust which is impossible to attain alone. Size o[ Fraternity The size of a fraternity is conditioned by the psycho-logical limits of relationship. No one can relate deeply to twenty people at the same time. The group range is generally from eight to twelve persons. There may be several fraternities in the same honse. There is no com-pnlsion to belong. Fraternity does not mean a clique. It stands rather for inclt~siveness not for exchlsion. There can be both diversity and spirit of t, nity. Everyone will benefit; those not in a fraternity will belong by affinity. Growth in Fraternity Week after week one becomes aware of the effort an-other is making and the prayer he is living. Each one sees another in his strnggle and becomes aware that when he fails he is in some way allowing the others to fail. No one's faith can be lived in isolation. What one does af-fects all. Fraternity brings home with unassailable impact that we are brothers and are entrusted with ultimate responsibility for each other. I deeply know that as I go, so they go; as they go, so go I. Growth in ,'i faith com-munity is growing together in Christ through one an-other. Review o~ Life The dynamic of a fraternity is called a review of life. Every fraternity meeting is like the meeting on the road to Emmaus. Like the disciples we are "deep in conversa-÷ 4. 4. Fraternity VOLUME .30, 1971 379 4. 4. 4. E. .J. Farrell REVIEW FOR RELIGIOUS 380 tion about everything that has happened. And while they were absorbed in their serious talk and discussion, Jesus himself approached and walked along with them." Like the disciples, "the Scriptures are made plain to us" and "all that has happened" takes its right place in God's plan. "Our eyes are opened and we recognize Jesus walk-ing beside us, when he broke bread." The review of life rests on one fundamental fact: God acts through the events or at least through certain events and experiences of our life to become present to us, to manifest His love and bring us to renew and deepen our union with Him. The review of life helps us to discover the presence of Jesus and His expectations of us in all the aspects of our life. It develops our fraternal openness and brings us to a more total giving of ourselves to God. Each member becomes the responsibility of the others. It forms in us the habit of seeing everything in the light of faith and draws us to a fuller response to the will of our Father. The review of life is the reading of our weekly experi-ences in the light of the word of God. The quality of our review of life will be in real dependence on the qual-ity of our life of prayer and our familiarity with the word of God. The review of life is not an examination of conscience. It is essentially an effort to look together at our life and to what Jesns is calling us. We are tanght by our daily events and experiences if we "review" them with faith. This is why the review of life must start from precise facts drawn from our actual (lay and week. The review of life must not be thought of as just an external review of some of our duties. It must be past the state of simple exchange of ideas and must be situated at it deeper level. We must be convinced that we need the help of onr fraternity with each other even in the matter of our interior fidelity to Jesus. We cannot go alone to Him. The review of life is a searching together to discover in the light of the word of God the presence of Jesus in the facts and experiences of our daily life. The review of life is a new spiritual exercise, a way of prayer, a means of reading Scriptnre. It calls for discern-ing of spirits, it demands a re-vision of life. It is not so much an examination of conscience as it is a daily enter-ing into a fuller consciousness of Christ's presence in our life through His Word in Scripture and His Word re-fracted in the people and experiences of each day. The fraternity review of life is preceded by an hour of prayer during which each member reviews his own week or month in order to recognize how Christ has acted in him and how he has responded. Each prays for discern- ment to speak and to listen to Christ in the presence of one another. Usually it is difficult to recognize a fact of one's life, accustomed as we are to speak of ideas and thoughts and opinions. We are used to speaking in terms of "they," and "we," and "you." In contrast, the review of life is in the first person singular, forcing one to confront the facts and habits of one's daily life. One can always be more objective about others than about oneself. The review of life comes no more easily than deep self-knowledge. It is a slow and stumbling process with no step-by-step guide. In every review of life, every fra-ternity is the uniqueness of its members. Life growth and personal growth are rarely obvious. In" Patd's Epistles we can discover how often they become a review of life. Dynamics of the Review As a general rule, a review of life begins with each one expressing a particular fact of one's week: "I feel I have been neglecting personal prayer." "I'm avoiding this per-son." "I have a new understanding of forgiveness through this happening this week." Or one might ask a question: "What made this week for yon? . What do you feel you are to share? . What of your week brought a new light on"the Gospel or what demands were made on you?" "What decisions are you facing? . How are yon following throngla on your commitments?" In these ways, we come to each other with our needs, sharing our bread and ask-ing for bread. We gradually come to ask one another: "Teach me your prayer, your fidelity, your poverty, your love." "Share with me your Jesus." In some meetings there might not beany clear experience or grace to share at any one particular review of life. One might not be ready to express what is developing or happening. No one is to feel any pressure to share. No one responds to what another has said except at the invitation of that person. In essence, then, a review of life is primarily a prayer experience, an experience of Jesus and of oneself before Him and in Him. As we have said, no fraternity with one another is possible unless it is rooted in fraternity with Jesus. 0nly through His presence can we enter into deeper presence of one another. In the review, we ask Jesus to help us to discern His presence in ns, to reveal what He is calling us to and how to share Him with the fraternity. New levels of faith and charity emerge. A new sense of His presence is recognized in the way others ex-press what it is for them to be with Jesus. One learns to discern what the Word is saying in this situation and to be sensitive to the Word. Since fraternity means rever-ence, a deep reverence for the mystery and secret that an-÷ ÷ ÷ Fraternity VOLUME 30, 1971 381 + .I. + E. J. Farreli REVIEW FOR RELIGIOUS 389 other person is and who it is that is at work in each; psy-chological or moralistic probing has no place.in the re-view of life. Each person is respected for the inner rhythm of this life in the Spirit. No one may decide: "This is the hour. Now is the moment of grace," or "I have the an-swer to your problena." Although we are called to be min-isters of grace to each other, it cannot come precipitonsly, brashly, or insensitively, it is a beautifnl experience to watch the unfolding of the unknown grace in each other as we search together to li~,e our life according to the gospel. It is important to "call" one another, to hear an-other's expectation of me and for them to hear my ex-pectation of them, their need of nle and mine of them. In many ways the fraternity review of life is a living out, an actualization of the sacramental reality of the Eucharist and penance. The effects of the Eucharist is to bond us to one another to enable us to hear Jesus deep within us always uttering His transforming words over each person in every situation of our life: "This is nay body; This is my blood." The presence of Jesus in ns makes us "an altogether new creature" (Gal 6:16). He enables us in a new way to relate to others. His presence enables us to experience a new presence in others ". that each part may be equally concerned for all the others. If one part is hurt, all parts are hurt with it. If one part is given special honor, all parts enjoy it. Now you together are Christ's body; but each of you is a different part of it" (1 Cor 12:26-7). "If we live by the truth and in love, we shall grow in all ways into Christ, who is the head by whom the whole body is fitted and joined together, every joint adding its own strength, for each separate part to work accord-ing to its function. So the body grows until it has built itself up, in love" (Eph 4: 15-6). Eucharist, the fraternity with Jesus, creates our capac-ity for fraternity with one another. He alone can free us from our inability to love as He loves ns. Fraternity is the environment for penance, the sacrament o~ reconcil-iation, to reach a new fullness. For so long a time Encha-fist and penance have been contracted to the private individual sphere of I and Thou. So little of these sacra-ments is corporately and communally experienced. These sacraments give us power but rarely do we find an en-vironment to actualize His grace in us for others. Many have left religious life and the priesthood not so much because they have been hurt by the community hut be-cause they have not been healed. The hungry continue to be sent away empty. Fraternity means healing, it is for giving--forgiving. We discover that we have a power in Christ to forgive sin, the offense against us. It is a real power, just as we have the power to bless, because of the reality of Christ's presence in us. We have real power even though it is not the sacerdotal power of absolution, a forgiveness through the power of understanding and compassion. We are peacemakers and joybringers because we express visibly Christ's p(rson and Christ's forgiveness in love. Fraternity and review of life is a risk. It is as dangerous as prayer--one never knows where He will lead. Fra-ternity and review of life are contemporary ways of re-sponding to His Word: "By tliis love you have for one another, everyone will know that you are my disciples" (Jo 13:15). His words of judgment cannot but haunt us: "1 know all about you: how you are neither cold nor hot. I wish you were one or the other, but since you are neither, but only lukewarm, I will spit you out of my mouth . I am the one who reproves and disciplines all those he loves: so repent in real earnest. Look, I am standing at the door, knocking. If one of you hears me calling and opens the door, I will come in to share his meal side by side with him . If anyone has ears to hear, let him listen to what the Spirit is saying to the churches!" (Rev 3:15-22). Fraternity VOLUME 30, 197! 383 PAUL M. BOYLE, C.P. Small Community Experiences ÷ ÷ Paul Boyle, C.P., president of the Conference of Ma-jor Superiors of Men, lives at 5700 North Harlem Ave-nue; Chicago, Illi-nois 60631. REVIEW FOR RELIGIOUS 384 As part of the renewal process initiated by the recent Vatican Council many religious institutes are trying new styles of communal life. It is difficult to characterize these new approaches to life in community. They have received a variety of names in various institutes, such as Experi-mental Communities, Small Community Living, Apart-ment- Style Living, Yet none of these denominations des-ignates those elements which are common to the new approaches. The word "small" comes closest, perhaps, but it is a very relative term. Whatever their common characteristics, it is clear that these new approaches to community living are wide-spread. The Conference of Major Superiors of Religious Men (CMSM) thought it would be well to ~valuate some of these endeavors. A series of six workshops was arranged in different parts of the country. About 30 major superi-ors were invited to each workshop, half men and half women, plus ten resource persons. Generally between 30 and 35 persons participated in each workshop. Many of the major superiors invited had personally participated in these small community experiences. Prior to each workshop the participants received papers describing, very briefly, one new approach to community living in each of the religious institutes represented. Some of these endeavors had already ended in failure. Others were floundering. Some were flourishing. Originally the workshops were entitled "Experiments in Small Community Living." However, the word "exper-iment" was quickly dropped both because it was mislead-ing and because it was apparent that small communities were here to stay. They were no longer considered an experiment, even though the particular mode or style in which this specific small group expressed itself was open to revision. The small size of communities was not precisely the point of consideration either. The participants were stud- ying a significantly new style of community life in small groups. Any common characteristics or integral elements constitutive of this new style could best be learned from the observable data at band. Eventnally the workshop members drew the conclusion that much more than a new style of life was under consideration. It was a differ-ent Christian culture, a different spirituality. The two styles of life in religious communities were expressive of two divergent views of the Christian life. The workshops made no effort to propose specnlative solutions. The approach was an entirely existential one. Current projects on new styles of small community living were studied and discnssed. Information was exchanged and experiences were studied and analyzed. Certain ten-tative conclusions seemed to emerge. Through the days of the workshop the participants attempted to discover common elements in these various efforts. When experiments failed, were there any recur-ring components which contribnted to this lack of suc-cess? Could we discover any factors which angnred well for the success of an endeavor? Where these projects have perdured, have they made any significant contribution to religious life? The workshops were, in other words, attempting to do three things: 1. Evaluate the sti'engths and weaknesses of current programs in small community living. 2. Discover any features to foster in attempting future projects. 3. Discover any features to avoid in initiating further such efforts. As a resnlt of this sharing it was felt there may be some nseful information instructive for the planning phases in preparation for such projects. Obviously an evalnation demands some basis of com-parison. Generally speaking these assumptions were not clearly articulated although they can be gleaned from the discussions. One assumption was clearly stated. Groups which have separated from their religious institute were considere'd failures in respect to their forming a vital part of the parent organization. Hence there was no effort in the sessions to study subseqnent developments within such groups. Indeed it seems that few of them survived their separation from the parent religions organization. It might be well to indicate, briefly, the other norms nsed for evaluation. As mentioned, these were not explic-itly enumerated bnt they were the recurring points under consideration. + 4- 4- Small Communities 1. Personal maturity. Does this style of life promote growth in VOLUME 30, 1971 maturity? 2. Interpersonal relationships. Are the personal relationships 385 "4- "4- ,4. Paul Boyle REVIEW FOR RELIGIOUS 386 supportive in these communities? Are there clear manifesta-tions of love, trust, and respect? 3. Evangelical counsels. Does this project provide a believable manner of living out one's commitment ;to the evangelical cou nsels? 4. Prayer. Does the individual and communal witness to a life of prayer deepen in communities free to determine their own norms and forms for prayer? 5. Fiscal responsibility. Do such practices as community plan-ning of communal budgets and personal management of funds contribute to fiscal responsibility? 6. Apostolate. Is apostolic ;~ctivity fostered by these renewal efforts? 7. Corporate commitment. Do the individuals and groups find their interest in the larger parent organization is strength-ened or, perhaps, attenuated? Possibly because a nmnber of the superiors ltad been through some very painful experiences, the sessions began by considering the negative aspects of these new styles of life. Then the group brainstormed the positive values of these small groups. Positive and negative elements were then gathered into areas of similarity and discussed at length. Negative Aspects The participants were painfully aware of a host of problems connected with these new approaches to com- ~non life. A number of the areas, however, were quickly seen to be tensions common to other forms of community life also. These problems bad simply been highlighted by the experiment. After some consideration other problems were recognized as not so much connected with this man-ner of life as with the method by which Stlcb projects were initiated or with the people who participated in them. Other difficulties, however, were intimately con-nected with the style of life itself. GOALS AND EVALUATION An often repeated mistake was lack of clear planning. The goals of the project were not enunciated explicitly. Neither the participan(s nor the institute bad anything clear against which to evalnate the program. The mem-bers of the group bad no framework within wtiicb to locate themselves. Often the experimenters were ktealists or visionaries wbo eschewed the mundane realities of goals and organization. A recent study~ of 50 commnnes (30 from the 19th century and 20 contemporary ones) shows some remarka-ble similarities between those of the past and the present. The stndy cites one of the constants by quoting a mem-ber of one current failure: We weren't ready to define who we were; we certainly Psychology Today, July 1970, p. 78. weren't prepared to define who we weren't--it was still just a matter of intuition. We had come together for various rea-sons- not overtly for a common idea or ideal . The differ-ent people managed to work together side by side for awhile, but there really was no shared vision. INITIATED FROM ABOVE Small groups which were regarded as a project of the total religious community fared quite well. The more closely the members of the small group were united with the other religious in the congregation, the better was their chance of success. Sm~tll groups which were alien-ated from the larger parent group had a poor survival rate. Indeed this factor of alienation was probably tlie most constant indicator of failure. Projects which were initiated by decree of the chapter or decision of the administration seem to have been re-garded as a project of the full community. Rarely was there alienation from the parent group. Conversely where these projects were initiated as a result of pressures from those who wished to begin such a small group, almost every one of them dissolved within two years. There were many explanations offered for this fact. Probably the real-ity is as diverse as the persons involved. But the fact remains and is something to be seriously considered. SIZE OF GROUP All recognized that the size of the group was an impor-tant ingredient for the success of a ventnre. Yet experi-ence compelled the members to conclude that there were no absolutes in this matter. For a wide variety of reasons groups consisting of less than five had little success. With some exceptions communities smaller than five disbanded after one or two years. Most members of the workshop thought that groups with more than 10 or 11 merabers Wotlld be too large to attain the goals of this new s~,le of community life. However, they recognized that tl,ey were not speaking from extensive experience. The vast major-ity of the successful small groups consisted of from five to nine religious. There were a few institutes with new styles of community life where the membership was a bit larger than this. Yet the consensus seemed to be that, generally speaking, the best chance for success is in a group from five to nine persons. MEMBERSHIP Perhaps one of the biggest surprises came when the qualities of the membership in these small groups was considered. Were the members of successful groups in similar age brackets, of similar tastes and interests? Or did the membership span the spectrum of age and experi-ence? ÷ ÷ ÷ Small Communities VOLUME 30, 1971 387 Few, indeed, were the homogeneous groupings which survived. Many of the participants in the workshops reg-istered their surprise at this fact. Some interesting specu-lation developed in an effort to explore the reasons, but it is sufficient here to record the phenomenon. On the other hand it would not be correct to say that the small gronps were so heterogeneous that they in-cluded each element in the institute. One essential quality for inelnbership was a willingness to dialog. Granting that and the minilnal maturity re-ferred to above, the presence of diverse age groups and attitudes seems to be a very healthy ingredient. HORARIUM Another frequently mentioned problem was schedul-ing. Small groups fonnd it difficult to get together for community prayers, discussions, and recreation. It was believed that the problem was the same in larger group-ings but its harmful effect was not felt as keenly. Yet, after a period of time, the small groups were able to make suitable adjustments in their schedules. Recogniz-ing the need and value of being together at certain times, they accepted the implied limitations imposed upon their choice of other benefits and valnes. Positive Values The workshops devoted the major portion of their time to the positive values evidenced by this new style of community life. Here the participants discovered some-thing which led them to conclude that this style of life would be normative for apostolic communities of the fu-ture. ÷ ÷ ÷ Paul Boyle REVIEW FOR RELIGIOUS ~88 INTERPERSONAL RELATIONSHIPS This was the most common goal desired by those enter-ing these projects. They wanted to establish an atmos-phere which would foste]- close personal relationships. It was their belief that thi~, in turn, would give a basis for an enriched relationship with Christ. Many religious began these small community projects with unreal expectations. They believed that they could establish a primary relationship with each member of the community. Moreover, it seems they considered these close interpersonal communities a panacea for all the problems of life. One of the significant factors in the faihlre of early efforts was that the participants were frequently imma-ture. Perhaps they were idealists who needed the support of people able to cope with the daily realities of life. Some found the increased demand for personal responsi-bility in small communities too much for them. They longed for the benefits of community but were unable to pay the price demanded. Yet the majority of the religious seem to have found that their experience in the new groupings deeply enriched their lives. They have formed close, personal friendships. It was interesting to note that an increase of personal responsibility was experienced in these new styles of life. Not every religious will thrive in such small ~roups. Some people, for instance, find such satisfaction in their work that they do not need th~ support of interpersonal relations at home. Religious life, for them, is more func-tional than personal. They are religious to perform an apostolic work and the institute exists to facilitate this work. In and through the structures of the institute, moreover, they find that incentive to sanctity which helps them perform their work in a way befitting a consecrated Christian. A growing number of religious, however, need or desire a different kind of relationship in community. An active and persistent striving to realize the opportunities for full development of each person in the small group must be one of the expectations of persons participating in these programs. A certain acceptable level of matnrity is a pre-requisite. In and through these small communities many reli-gious have come to a deeper self-awareness. This has ena-bled them to develop their potential and reach a satisfy-ing level of maturity. Small group living, for reasonably mature people, can clearly contribute to personal growth. Obviously there are tensions and problems experienced in the small communities. One of the most important was the lack of privacy. There was a great need for personal privacy, for places or periods o[ quiet so that a person could be by bi~nself. Too much "togetherness" was harm-rid. Physical and psychic privacy were prerequisites for successful interpersonal community. PERSONAL RESPONSIBILITY One of the common characteristics of these groups was their mutual sharing of community responsibilities. Al-though the name was rarely used, in a number of in-stances there was a superior. Yet the role of the superigr was seen as significantly different from that of the tradi-tional decision-maker. The majority of these small groups, however, were without any designated superior. Nor did it seem correct to assert that one person usually emerged as the de facto leader in the group. Initially the groups generally began by discnssing all decisions to be made. After a while, however, routine decisions were del-egated to varions persons with a periodic review by the group of the manner in which these may have affected ÷ -I- -I-Small Communities VOLUME 30, 1971 389 the community. Harmoni6us community living required a clear delineation of rights and responsibilities spelled out tbrougll months of dialog. There were regular sessions to evaluate their progress in attaining the goals, to consider the policies determined by the group as well as the administrative decision by way of implementation. Conflicts and tensions must be brought into the open in a continuing effort to resolve them. + + + Paul Boyle REVIEW FOR RELIGIOUS 390 PRAYER A consideration of the various endeavors in the differ-ent institutes reveals a curious pattern in regard to prayer. When these new connnunities first started communal prayer fell off notably. In many instances the only com-munity act of worship was an occasional Eucharistic cele-bration together. At the same time the. religious were gradually experiencing a deeper faith orientation to their life. Through their community discussions they were coming to an awareness of tile place of a living faith in their lives. In a new way they were becoming conscious of the workings of the Holy Spirit. They were experiencing tile faith as a dynamic force in their lives. Then, after many months, something marvelous began to develop. Communities began searching for new forms of communal prayer. Frequent dialog prayer, sharing re-flections on the Scriptures, personal petitions addressed to God, hymns and psalnas of praise, all of these started evolving around the flow of daily life. This is something still very such in tile developmental stage in most com-munities, but it is one of the more exciting prospects. A deep desire for prayer is vibrant in these small communi-ties. Eager and earnest efforts are beingmade to achieve a life of prayer which fits comfortably into the patterns of life of the individual conmaunities. An interesting contrast kept recurring between the quality of these prayer experiences and the relative infre-quency and comparative brevity of these communal pray-ers. The Eucharist is often celebrated with other sectors of the larger community, the parish or the religious institute or work groups. But regular and informal celebrations in tile local community, frequently quite protracted through additional readings and shared reflections, are highlights in their prayer life and cherished experiences. APOSTOLATE Taking the term "apostolate" as the kind of service performed by the religious, s.nall group living does not seem to have any particnlar bearing on the apostolate. Considering the apostolate in a broader sense, however, as meaning the mission of religious to bear witness to the world, these new approaches in small group living have ,;ome significant developments. For one thing, unlike the typical monastery or convent, these residences are a normal part of the neighborhood in both location and appearance. The physical facilities .;,~em to help establish a rapport with the local citizenry. Religious in these groups generally establish bonds of friendship with their neighbors and participate in the parochial and civic life of the neighborhood. Frequently, they evidence deep concern [or the social problems of the areas. As the summary from one of these workshops stated: An important test of this quiet witness is whether those around them come to know them as alert, compassionate reli-gious people who have a genuine concern for others. This will depend on whether their style of life speaks quietly to those caught up in an acquisitive and competitive society. It will also depend on the degree they can in proper time and place realize reciprocal influence with their neighbors in the areas o~ spiritual and moral insight or support. In each workshop there were a number of other wflues and dangers, but the above represent the recurring ones which were considered significant. Despite some bad be-ginnings the new style of community life is flourishing. It provides the atmosphere for some wonderful experiences. The experience of those in these new groups and their major superiors strongly suggests the conclusion that this style of life will be normative for the future. + ÷ + Small Communities VOLUME 30, 1971 39] THOMAS H. GREEN, S.J. The House of Prayer: Some Reflections Based on an Experiment Thomas H. Green, S.J., is a faculty member of San Jose Major Seminary; Box 4475; Manila, Phil-ippines. REVIEW FOR RELIGIOUS 392 1. The Need and Conventional Forms of Meeting It The idea of a house of prayer for apostolic religious is a very new one in the Church.t But the fundamental spirit is that of Christ Himself who both taught and exemplified the need for the apostle to "come aside and rest a while."'-' The rest which the Lord gave to His disciples and which He sought Himself was the recreative rest of time and space to truly encounter God. To rest in this way involved many things: the opportunity to get enough distance from apostolic involvement so that the disciples could understand the real meaning of what had happened to them; the chance to "return to the sources" and to deepen their reflective understanding of all that the Lord had previously taught them; the oppoi'tnnity to consolidate their own lives and thus to be open to future growth. They had to learn a lesson that is very important in our time--that certain kinds of devils are driven out only by prayer and fasting, that is, by the quality of the inner life of the exorcist, and not by any techniques or devices of his trade,s That first missionary journey, where they learned the possibilities of God's word in them, appears to have been an essential part of their formation. x For an early statement of the idea, see the article on the subject by Bernard H~iring, C.Ss.R., in REwv.w fOR R~L~CaOUS, September, I967. The early history of the house of prayer movement is sum-marized in Exploring Inner Space by Sister Ann Chester and Brother David, 1970, pp. 8-11. '-'Mk 6:30--4; Lk 9:10; see also Mk 6:46; Lk 6:12; 11:1; Jn 7:53. ~ Mk 9:29. But it was to prove a source of growth instead of despair only on the condition that they returned to the Lord to share with Him, in leisure, their successes and failures, and to learn from Him the true meaning of both. In this work, above all, what the apostle is counts far more than what lie says or does. Saint Paul, the greatest of apostles, was fully aware of this need.4 And, if we are to judge from his own mis-sionary life, the alternation of apostolate and reflective integration is a continual process as long as the apostle lives. Throughout her history, the Church has continued to realize this need. And the Holy Spirit has inspired her to provide various means for meeting it. The idea of daily periods of mental prayer has long been stressed in apostolic commnnities. Moreover, in recent centuries, an annual retreat has been a central spiritual feature of these communities. Finally, many communities have seen the need for a tertianship or "third probation" (postulancy and novitiate being the first two probations) to solidify and confirm the mature interiority of the apostle. All these ideas have proven valuable; but each of them has its limitations today. Perhaps a consideration of these limita-tions will help to snggest why a new instrument of apos-tolic maturity has appeared in our time. The oldest and most basic of means to interior depth is the daily mental prayer of the apostle. It remains a central featnre in any true instrumental union with God. But there are two kinds of difficulties which modern man en-counters. The first is the difficulty of discerning the spirits at work in the soul at prayer--of interpreting prop-erly what God is or is not doing. This has always been a problem, and it led St. John of the Cross, among many others, to insist upon the paramount importance of a good director."~ Such direction is hard to come by, however, and few souls seek until they find it. More often they grow un-certainly, and all too often they read the interior signs wrongly and take for failnre what is really growth. At this point a second, and more distinctively modern, difficulty enters. We live in a higly complex and intensely paced age. The apostle is a child of his times. As a result, he often finds his work occupying most of his energy and attention, even at times which he has kept "free" for prayer. The regular and measured pace of early monasti-cism where the fulfillment of the command "labora" distributed itself evenly and naturally over the days and seasons of the year is but a celestial dream for many mod-ern apostles. The result of these two difficulties combined ~ For an excellent resum~ of the Pauline teaching on prayer, see Romans, Chapter 8, footnote "'o" in the Jerusalem Bible. ~ Living Flame o[ Love, III, 26-53; see also St. Teresa, Interior Castle, pp. 50, 53, 68, and passim in the Image Book edition. 4- Prayer House VOLUME :~0, 1971 393 4. 4. 4. T. H. Green, S. J. REVIEW FOR RELIGIOUS 394 is frequently a mystique of work: Good souls despair of ever truly finding God in this life, and they decide, in effect, to lose themselves in their work for God, post-poning nntil eternity any genuine encounter with the Reason for their work. Two of the interior giants of our time, Karl Rahner and Caryl Houselander, have written movingly abont the holy wrongness of this decision.6 Prayer becomes a repetition of canonized formulas and resolutions, combined perhaps with a vagne unease that there should be more. The second means to interior depth, the annual re-treat, has arisen precisely as a response to the need, felt by members of apostolic communities, for periods of as-sessment and consolidation. The apostle cannot give what he dqes not have. The retreat is a chance to come aside and rest a while, and many find it an invalnable part of the year. Like the Biblical Sabbath rest, one of its natural (but not to be despised) fruits is physical rest. For many apostles, it has become the only real vacation they take in the year. And often they find that, rested, they can indeed pray fruitfully. The retreat, however, is very short: in some counnunities, three days; in others, six or eight. And everywhere the tendency is toward shortening it. Partly because retreats have become very impersonal en-counters between one retreat director and a very large group of retreatants. This results, often enongh, in a re-treat which is strongly moralistic, focusing on practical resolutions and planning'for the year, rather than on the "present deep experience of God which should be central to the retreat,v The physical sitnation makes adaptation to the personal needs and situation of the retreatant vir-tually impossible. Another reason why retreats are losing their vitality is the professionalism which characterizes so much of our work, and the failnre of the retreat struc-ture to provide that distance from our daily concerns, along with a real sense of direction in the retreat itself, which will challenge the modern man to seek and find a maturity in Iris prayer commensurate with his profes-sional maturity. The third traditional means to interior depth is the "tertianship" or third probation of many religious com-munities. Similar to this is the summer of renewal which some communities of sisters make available to their mem-bers, perhaps 25 years after profession. This is a true at- ~ K. Rahner, On Prayer, pp. 7-9; C. Houselander, This War Is the Passion, pp. 33-5. ~ This question of the proper purpose of a retreat has been much discussed in recent years. In an Ignatian context (and, I believe, even more generally), the remarks of Wm. Peters, S.J. (The Spirilual Exercises o~ St. Ignatius: Exposition and Interpretation, pp. 4-9) are very helpful. tempt to enable the religious to update themselves theo-logically, but it is even more what St. Ignatius calls a "schola affectus," 8 a chance for the heart to renew its commitment to God and to make new again that love which alone justified "leaving all things" in the first place. There is the time to settle down and to live deeply --something a retreat scarcely affords. There is the dis-tance from routine worries and preoccupations which even the most mature souls rarely find in their daily lives. And indeed, the house of prayek concept has much in common with the tertiansbip or summer of renewal. Too often, however, these familiar opportunities for renewal come only at a fixed and (,niform time in the life of religious, and the interval of renewal is uniform for all. Moreover, in these times when the communal character of our Christian and religious life is highly valued, there is often little community continuity to these forms. That is, the only principles of continuity from one renewal group to the next are the director (or directress) of the house and, perhaps, the instructional staff. There are, it is trne, customs and traditions which the director will commt, nicate verbally to each new group, but each has virtually to create from scratch that sense of Christian community which is integral to any post-Vatican II re-newal. 2. The Evolution o[ One New Response The house of prayer idea, then, is a recent proposal for meeting,an ancient religious need. One of the earliest and most eloquent advocates of'such houses is Father Bernard H~iring. And the importance which he attaches to the idea may be gathered from the fact that he has been known to say that this may be the most important work of his life. The idea of houses of prayer, though, has not always been as dearly defined as this may suggest. That is, many people have felt the lack of genuine leisure and of interi-ority, as well as of the freedom to respond to the apostolic "sacrament of the present moment," in modern religious structures. But the views as to how to remedy this lack have been almost as numerous as those who have felt it. I was a participant in early discussions at the University of Notre Dame in 1966-67, in which perhaps twenty sis-ter graduate students from as many different communi-ties took part)) At tbat time, we were in close agreement on the need for greater interiority and leisure, but we were far from agreed as to the forms necessary to meet this need. As the group began to establish contact with other like-a lgnatius Loyola, Constitutions o] the Society o] Jesus, n. 516. See the article cited in footnote 1 for the results of these dis- CL1ssiolls. ÷ ÷ ÷ Prayer House VOLUME 30, 1971 ÷ ÷ ÷ T. H. Green, S. ]. REVIEW FOR RELIGIOUS 396 minded religious, and to carry the idea back to their own communities, the possible forms gradually began to crystalize. While my own personal obligations1° prechtded close contact with the developing "movement," I followed indirectly but with great interest the emergence of the IHM Clearing Center in Monroe, Michigan, the various intercommunity conversations (and the involvement of such distinguished advisors as Thomas Merton), and the varions summer experiments in house-of-prayer living which were undertaken. But I felt, particularly when I returned to the Philippines in June of 1969, that my own involvement in the movement was at an end. I was mistaken. Through a series of those accidents and coincidences by which providence so often works, I soon found myself involved in an experimental house of prayer conducted by the Philippine province of the Sisters of Saint Paul of Chartres. The experiment has some inter-national importance, for the provincial superior of the St. Paul Sisters secured approval for it with a view to re-porting on the results at the community's next general chapter in 1971. If successful, it conld be extended to other provinces. At any rate, our experiment began full-time operation at a remote and beautifnlly situated mountain house in the northern Philippines.~ The two sisters with whom I had worked in planning the experi-ment during the preceding six months were then joined by two others, for a core group of four. Our house is called "The Home of the Spirit of God," since that seemed to express best wlmt we hope it will be. 3. Complementary but Diverse Options This brief historical excursus was necessary for two reasons. In the first place, the honse of prayer idea is one that has taken shape gradnally and experientially. We did not have a fully articulated concept of what was needed. Indeed, I at least have long believed that it was necessary to stop planning and start living the house of prayer. I felt that we could only learn the problems and possibil-ities- more deeply, that we could only learn whether and where the Spirit of God was leading ns--i[ we gave Him the time and the space to show us.v' Secondly, the living out of our experiment, within the matrix of concrete pos-sibilities afforded us by obedience and circumstance, has ~o First in writing a doctoral dissertation, anti then in pursuing postdoctoral studies at Cornell University aXAt Mount Pico in Trinidad Valley, about 6 kilometers from Baguio City. = For a further discussion of this delicate balance between plan-ning and living, sec Exploring Inner Space, pp. 79-81, 96-7, 111-2. shaped our understanding of God's design for this house of prayer. As I look back on the Notre Dame conversations in the .light of our Philippine experience, it seems to me that there are two basic options open to the house of prayer movement. The first is to establish centers of apostolic availability, for example in the inner city, where religious would be freed from tile institutional demands of our highly structured works and could offer to the people a flexible and prayerful community response to their actual present needs. This less structured type of Christian witness certainly appears to be an essential feature of the post-Vatican II Church. In fact, such a witness will un-doubtedly be a touchstone of the adaptability and rele-vance of the contemporary Church. But this type of experiment will not, by itself,'meet the needs of modern religious--particularly the need [or in-terior growth of which we spoke in the earlier part of the paper. It seems utopian to expect that we could abandon our structured works in the foreseeable future, or that a majority of our apostolic religious could be committed to free-form apostolates in this age of increasing profes-sionalism. And even if these goals could be realized, an elementary knowledge of human nature suggests that these new forms of witness would progressively take on structures of their own. More deeply, however, flexible response by itself would not guarantee mature interiority or the putting on of Christ. Thus there is a second option open to the house of prayer movement--one whose direct finality would be to provide apostolic religious with the . opportunity for full interior 'growth.-It-is this-type of. house of prayer which the Spirit appears to be forming here in the Philippines. Such a house would have as its aim providing a con-temporary response to the needs discussed in the earlier part of this article. It would complement the daily periods of prayer, and the annual retreat, of the apostolic religious. This means that it should provide the leisure and the spiritual direction necessary to read the signs of interior growth correctly, and to avoid that mystique of work which threatens to rob dedicated souls of the perspective described by our Lord in the Last Supper discourse. Moreover, it should provide a much more realistic op-portunity than does tile group annual retreat for apostles to personalize their experience of God and to deepen the sense of the utter uniqueness of their vocation. In this way, an interior maturity commensurate with our pro-fessional maturity would be fostered: a development which would resolve many of our contemporary "identity Prayer House VOLUME 30, 1971 397 crises," and consequently equip us much better to speak the healing word to modern man.1:~ Perhaps the most fruitfid way to conceive this type ot~ house of prayer is as a sort of "floating tertiansbip." That is, it would be a true "schola at~ectus" for people experi-enced in the apostolate and well aware of the difficulty of achieving true spiritual maturity. But it would be avail-able to them when they themselves felt the need for it. Moreover, it would be a continuing community--with a core group providing the continuity--whose whole apos-tolic function would be to provide a climate of peace and prayer and joy into which others could easily enter for that period of time (whether a summer or a semester or a year) which seems best to them. Since this seems to be the type of house of prayer taking shape among us here, per-haps a Jew preliminary experiential comments are in order.1~ 4- 4- 4- 4. Some Reflections Based on Experience The question of the location o[ houses of prayer was much discussed in tile Notre Dame conversations. In the light of our experience, I believe the location shonld be a function of the type of house of prayer envisioned. For our type, whose apostolate is directed to the active reli-gious themselves and which is geared primarily to people coming for a lengthy stay, the best location would be that which best meets their needs and desires--that is, one sufficiently removed from their daily concerns to sacra-mentalize their coming aside to rest a while. At the same time, however, an important part of their growth will be their continuing education. St. Teresa of Avila wisely mistrusted a deliberately ignorant piety. For this reason (unless the core members themselves can provide classes, especially in Scripture and spiritual theology), the house should be near a sister-formation center or a university with a good theology program. The question of continuing education brings us to the broader question of the program of the house of prayer. Since the whole reason for the existence o~ snch a house is to provide tile leisure to hear God, it is clear that the program should be so arranged that whatever is done, especially the liturgy and other forms o~ communal and private prayer, can be done deeply and well. At tile same time, if there is not a common and reasonably busy rhythm to the day, leisure can easily deteriorate into mere idleness; our hearing God can become a mere intro- T. 11. Green, $. ~. REVIEW FOR RELIGIOUS 398 a'~ For moving evidence of the liberative and maturing influence of actual house of prayer experiments, see the reports in Exploring In-ner Space, pp. 40-75. ~ A basically (but not totally) similar idea of the house of prayer is found in Exploring Inner Space, pp. 12-4. spective analysis of ourselves,is ~Ve have tried, gradually and as experience dictated, to articulate a program which provides for daily private prayer (1~/2 hours), study re-lated to prayer (2 hours), classes in conjunction with a neighboring formation program (from 2 to 6 hours a week depending upon the interests and aptitudes of the individual sisters), and work--in addition to the litnrgy antl an adapted form of the Divine Office with which we are experimenting. In addition, the sisters have agreed upon assigned days for receiving guests and inquirers and for handling the small shop which helps to support the house. (The mountain peoples are expert weavers, and locally woven cloth is the principal object for sale.) Various other activities, such as catechetical work in the neighborhood and a coffee hour for the people after Sunday Mass, have arisen naturally. But perhaps enough has been said to indicate the general program of the house. As far as possible we try to work out the details of living communally in the light of experience. One detail which has evoked a uniformly enthusiastic response is an hour in the evening devoted to "creative leisure," a somewhat pretentious title for a time "to do those things you have always wanted to do, but for which you have never had the time." The results have been wonderful in their variety: so much so that the adviser is developing a sense of cultnral inferiority! Thus far the experiment has been enthusiastically re-ceived by the core members and the guest members. The latter have been relatively few until now since we have tried to give the core group an opportunity to get to know one another and to establish the spirit of the house. But there appears to be considerable interest, both among the St. Paul Sisters and among other religious com-munities in the Philippines. Sevkra( of the latter have sent representatives to inquire about our project, anti also to participate in the life--sometimes with a view to establishing similar honses,t~ And within the year we hope to hold an intercommnnity retreat in the house of prayer itself. a~ As Exploring Inner Space makes clear, this was not a problem iu the shorter summer experiments there reported o,~. But we have recognized the danger in a continuing house of prayer; that the danger is real for any small community is suggested by the remarks of Brother Gabriel Moran in his recent book, The New Community, pp. 58-62. He refers to "the uarcissistic obsession with the experi-ence of commu,fity," and quotes with approval Father Henri Nouwen's "spoiled child" analogy. Our experience would tend to confirm these obser\'ations. ~6 The question is ofteu asked whether houses of prayer should be intercommunity or intracommunity. The a,~swer is unclear to me, but experience does suggest that an intracommunity begimting has definite practical advantages in terms of common background, com-munity support, and so forth. + 4- + Prayer House VOLUME 30, 1971 399 + + T. H. Green, S.J. REVIEW FOR RELIGIOUS A final question may be raised: What qualities should be sought in a member of the house of prayer? Guest members (those there for a temporary period) should, we believe~ be mature women, experienced in and dedicated to the apostolate of their community, who have felt the need and expressed the desire for greater interior growth. The house would not normally be for those in, or newly out of, formation. Nor, it goes without saying, should it be a last stopping-off point for those preparing to leave religious life. Some, it is true, will come to the house of prayer with questions about the real relevance of many of our contemporary structures (particularly our mystique of work), but they should be anxious to find the answers within the context of their fimdamental religious com-mitment. The core members should possess all these qualities and should also have a genuine desire to make this house their apostolate. Sound emotional and psychological bal-ance should be especially sought for, since they are to be "bridge people" committed both to a continual openness to the experience of God (a more difficult task than any of the exterior works we undertake) and to the sharing of their search with others. Since community appears to be a central feature of our evolving experiment, they should also be adaptable people, and chosen with a view to the general compatibility of the particular core group in question. Beyond this, it seems very desirable to have a healthy diversity of talents and personalities. For example, it would be ideal to have in the core group a sister well trained in Scripture and another in spiritual theology, who could offer their services to the community and to guest members. But all need not be scholars, providing they are at peace in accepting their own limitations and anxious to put their own gifts at the service of the com-munity. 5. Conclusion These, then, are the reasons I see for a house of prayer, the nature of such a house, and some points of detail which our experience with one house of prayer has sug-gested. It would be wrong to imply that there have not been problems. There have been so many, and such unusual ones in fact, that I have become convinced that the Lord is doing something very important here. More-over, the very problems, and the equally unusual ways in which they have been resolved, suggest that the experi-ment must be approached with great openness and de-tachment. Since the cry for the "liberation" of woman is by no means as loud among Filipinas as among American sisters, the priest adviser can still play a more explicit and less self-conscious role here. But it is no less true here that the life style must be determined, and the problems re-solved, from within. From the outset we have sought to "hang loose" in the hands of God and to let Him lead ns wherever He wished. This has not been easy, and I am sure we have failed often. Bnt the success of our experi-ment will ultimately depend upon our learning to bang loose, particularly since the masters of the interior life all tell us that this "disponibilitd" is the ultimate achieve-ment of mature nnion with God. Our conviction that this is the reason for our existence, and our principal con-tribution to the apostolic life, is sacramentalized in onr name: The Home of the Spirit of God. + 4- + Prayer House VOLUME 30, 401 SISTER MARY JEANNE SALOIS, R. S, M. Pilot Study of xperimentation in Local Community Living Sister Jeanne is Director of Re-search Services; Sis-ters of Mercy; 10000 Kentsdale Drip, e, Box 34446; Bethesda, Maryland 20034. REVIEW FOR RELIGIOUS Religious communities of women are experimenting with many new practices in their living together in com-munity. There is, however, a dearth of reliable and valid evaluation of this experimentation, largely because it is difficult to assess outcomes so subjective in nature. The study reported here was made in a large religious congre-gation (545 local houses) to (1) identify the new practices being implemented and the ends which these practices were to promote, and (2) assess the attitudes of sisters re-garding the effects of this implementation. Procedure: The 73 local conamunities participating in this study were volunteers who agreed (1) to construct ;t plan for local community living for the year, 1969-1970, which would include goals, a plan of action, and meth-ods of evaluation, and (2) to complete an Attitude Scale to be administered to all participants at the close of the year. The investigator visited each local community in the study to: 1. develop the basic assumptions for the study with the lo-cal group in keeping with the new practices they were imple-menting and the ends they hoped to achieve. 2. interview a random sampling of one-fifth of the sisters to obtain an oral expression of opinion regarding the results of changes in government, prayer life, and temporalities. 3. obtain the information necessary for an accurate descrip-tion of the living situation. Treatment of the Data: The Attitude Scale entitled "Scale to Evaluate Sisters' Attitndes Toward Experimen-t; tl Practices in Local Community Living" was sent to 73 local houses totaling 875 sisters. Four hundred and seventy (54 percent) responded, representing the follow- ing cross section of sisters: TABLE I Distribution of Sisters Responding to Attitude Scale Sisters in Religion Over Sisters in Religion Less Sisters Giving No Indica- 25 Years than 25 Years lion of Number of Years in Religion Consensus* Coordinatort 32 155 Consensus Coordinator 70 153 Consensus Coordinator 11 49 * Local houses with government by consensus with no authority figure. "~ Local houses with elected or appointed coordinator. Thus, respondents include 113 sisters with government by consensus and 355 with ;t local coordinator. Respond-ents represent 187 sisters in religion over 25 years, 233 in religion less than 25 years, and 60 sisters who did not indi-cate the number of years in religion. The split-half reliability coefficient was obtained for this scale by correlating individnal's scores on the odd-numbered items with their scores on the even-numbered items, rising the deviation score method of computing the Pearson product-moment coefficient of correlation cor-rected by the Spearman-Brown formula. Tile obtained coefficient of equivalence for the Attitnde Scale was .85. Findings from. local plans. Goals enumerated in tile plans placed heavy emphasis on the spiritual aspects of re-ligious life. There was ~t frequently expressed concern for the psychological aspects of the person, especially for the nniqueness of the individual. The sisters also aimed at improving the apostolic dimension of religious life. The desire to witness to an authentic community of love was evident in m~tny of the goals formnlated. Some plans emphasized the elements of freedom and informality. Procedures for achieving goals inchtded variations in government: 33 houses were governed by consensus, 25 had elected coordinators, and 15 had an appointed co-ordinator. There was much participation and shared re-sponsibility in the local situation. In all personal aspects of living, sisters assumed responsibility for their own de-cisions. Daily prayers said in common varied from the usual Lauds, Vespers, and Encharistic Celebration to Grace be-fore dinner in the local community. Some innovative ap-proaches were tried to enrich the liturgy. In general, lo-cal communities fouml that unless communal prayer was strnctured as to time and place, not much communal prayer took place. Personal monthly allowances ranged from $5 to $80. Ahhough there was some variation in the items to be + 4- 4- Pilot Study VOLUME 30, 1971 4~3 ÷ ÷ Sister M. Jeanne REVIEW FOR RELIGIOUS 4O4 pnrcbased with the personal allowance, in many instances tbe same items were to be purchased with $20 in one house and $40 in another. Local comlnunities found ewdnation the most ditficult, partly becanse objectives were not sufficiently specific and they were not expressed in measurable terms. Methods nsed inchlded community discnssions, reports, question-naires, minutes of meetings, periodic assessment of goal achievelnent, and schedule of activities which took place. Findings from interviews. The investigator found much polarity, with sisters in younger, middle, and older cate-gories differing significantly in their thinking about reli-gions life. Older sisters (over 60 years of age) would like to see many things being (lone under the name of ex-perimentation discontinued. They believe that unless sisters return to former practices, soon there won't be any religions. Many middle-aged sisters (35-59) believe that the actnal growth of each sister as a resnlt of the new freedoms depends on each individual; some will profit and some will not. Younger sisters (up to 35) are happy to have the freedom which they are being given, but the grave questions concerning the purposes and values of religious life which they are asking make freedom some-what dangerous from the standpoint of actually living .the religious life. Without an understanding of the pur-poses of religions life to gnide decisions, young religions are uncertain concerning the best means to take in practi-cal situations. Older and middle-aged sisters are happy about many of the changes--participation in decisiou-making, having an allowance, being able to visit relatives more fre-quently, having the freedom to dress for the occasion-- all of these changes are considered helpful to religious living. Changes observed which do not meet the approval of these sisters include the wearing of inappropriate lay clothing, the sharing in the social life of the laity, and being free from a local antbority figure. Older sisters fear that religions are becoming worldly and that prayer life is disappearing; younger sisters [ear that there might be a division in the community and re-ligious life may have no future. Sisters of all age groups are recommending that younger sisters be given more direction and guidance, that forma-tion programs becolne more structnred. When asked their views on reasons for sisters leaving, the sisters mentioned the following reasons: 1. Some sisters don't have anything to hang on to because of inadequate training for religious life. 2. Some sisters are disillusioned with the pettiness of re-ligious life. 3. Some can't live the life and they don't know why. 4. Sisters who are leaving see no purpose in religious life. They wish to marry. 5. Some sisters don't want to become like some older reli-gious they know. Findings from Attitude Scale. Respondents completed. a Likert-type Attitude Scale in order to provide evidence in support or rejection of basic assumptions formulated by the investigator and sisters in each local community at the time of the site visit. These assumptions will be listed followed by a summary of findings from the Atti-tude Scale as completed by the sisters. 1. A basic condition of equality in Christian dignity and freedom will provide a meaningful way of living out one's commitment of obedience. Sisters were asked their understanding of the phrase "equality in Christian dig-nity and freedom" when applied to religious in a local community. Most of the sisters believe that equality in Christian dignity and freedom flows from one's common membership in the People of God with God as Father of all. 56 percent of older sisters (in religion over 25 years) believe the person designated as superior in a commu-nity represents the authority of God, whereas only 14 percent of younger sisters (in religion under 25 years) believe this. 74 percent of younger sisters believe that all sisters have equal responsibility for discerning the will of God for the group, compared to 48 percent of older sisters. 30 percent of younger sisters do not consider di-rection and correction when needed part of the role of the authority figure; 9 percent of older sisters support this view. If the concept of "equality in Christian dignity and freedom" held by the majority of younger sisters is to provide a meaningful way of living out one's commit-ment of obedience, obedience needs to be defined in terms which exclude an authority figure who represents the authority of God (70 percent do not accept this). If the vow of obedience requires that one see in the author-ity figure a representative of the authority of God, then a basic condition of equality in Christian dignity and freedom as defined by approximately 70 percent of sis-ters professed under 25 years does not provide a mean-ingful way of living out one's commitment of obedience. One item in the Attitude Scale was "The concept of equality which excludes a superior can be reconciled with the vow of obedience." 53 percent of all respondents agreed with this statement. This percentage included 47 percent of older sisters with consensus government, 30 percent with a coordinator, 97 percent of younger sisters with consensus government, and 67 percent with a co-ordinator (total of 228 sisters). 2. Opportunities to make personal decisions in an open 4- 4. 4. Pilot Study VOLUME 30, 1971 405 ÷ ÷ ÷ Sister M. Jeanne REVIEW FOR RELIGIOUS 406 atmosphere where adult professional roomen act as peers will promote growth in maturity as expressed by concern for the other person's welfare, sensitivity to others' needs, and a sharing of responsibility [or the welfare of the group. The group which believes most heartily that sis-ters readily assume responsibility on their own is the younger sisters with consensus government (76 percent). In the older group, only 31 percent agreed with this opin-ion. Younger sisters had the highest percentage agreeing that sensitivity to the needs of others increases as author-ity decreases (85 percent); 41 percent of the older sisters agreed with this statement. In the opinion of a majority of the sisters, added opportunities to make personal de-cisions provided during this period are promoting growth in maturity as expressed by a sensitivity to the needs of others and the assuming of responsibility for the wel-fare of the group. 3. When sisters participate in organizational planning, the amount of structure zoill vary with each community and it will be appropriate to the situation. A majority of sisters believe that organization for community living in the local house this year met the sisters' needs better than was true in the past. Highest gronp in believing this was younger sisters with consensus government (86 percent); lowest was tim older sisters with a coordinator (48 percent). Among older sisters, the schedule planned was most satisfactory to those with a coordinator; among younger sisters, the schedule planned was most satisfac-tory to those with consensus government. 4. Unity will grow as local communities accept a di-versity o[ living styles among their members, and sisters in the total province community accept diversity of living among local groups. Approximately 75 percent of older sisters believe that acceptance of diversity has much to do with promoting unity in community; over 90 per-cent of yotmger sisters believe this. Respondents were practically unanimous in their opinion that a full re-sponse to the totality of Christian revelation on the part of each sister will promote unity. Over 60 percent of older sisters consider integration of differences and bar-riers conducive to unity; only 23 percent of younger sis-ters agree with this. The great number of undecided responses to an item suggesting that identification with the goals and values of the foundress is conducive to unity (ahnost 30 percent) seems to indicate that these are not consciously functional in the lives of many sisters today. Responses to items related to assumption 4 permit the acceptance of this statement; however, these responses indicate that much more than acceptance of diversity needs to be considered in promoting unity. 5. Community will be fostered on a local level as au-thority effective in the apostolate can be kept from in- [htencing decisions and planning related to home living. Younger sisters are opposed to dual authority (70 per-cent) more than is true of older sisters (44 percent). A majority of sisters agree that authority in the apostolate when exercised in community makes living difficult. 6. A supportive, Christ-centered community attempt-ing to establish interpersonal relationships based on love, trust, and respect will redound to the benefit of the apos-tolate. Groups with consensus government in both younger and older categories were most ready to say that noth-ing had greater effect on their apostolate than their living situation. 64 percent of all sisters agreed that sisters in their local house profited from their day-to-day experi-ence in community living in .meeting the challenges of the apostolate. 7. Spirituality deepens when each sister is free to de-termine her prayer life with no specified prayers. Older and younger sisters differ greatly in their thinking on specified daily requirements in the area of prayer. 76 per-cent of older religions believe there should be specified daily requirements; 38 percent of younger religious be-lieve this. Polarity of younger and older sisters is also shown in beliefs regarding benefits of traditional forms of com-munal prayer. 47 percent of older sisters and 16 percent of younger sisters believe that traditional forms of prayer do much to promote a religious spirit among local groups. Most sisters acknowledge the need for daily personal prayer (90 percent). A majority of older sisters (56 percent) believe that when no prayers are specified, fewer and fewer prayers are said; 18 percent of the yonnger sisters believe this. The sisters are ahnost unanimous in rejecting the no-tion that discussion and/or apostolic work is an ade-quate substitute for personal prayer. The 6 percent who believe this number about 28 sisters out of 470 respond-ents in this study. In summary, sisters in religion over 25 years tend to reject assumption 7, and sisters in religion less than 25 years support it. 8. Community life deepens when local communities are free to respond to their common needs for prayer, and group members support individuals who introduce new forms of common worship. 83 percent of younger sisters with consensus govermnent and 52 percent with a co-ordinator believe that their communal prayer which flowed from the felt needs of the group was a help in ,4, .4- ar Pilot Study VOLUME 30, 1971 407 Sister M. Jeanne REVIEW FOR RELIGIOUS 408 promoting community. Over half o[ the Older groups responded in a positive manner to this item. At this time when so much emphasis is placed on the commnnity-forming aspects o[ communal prayer, over 90 percent believe that communal prayer is an expres-sion o[ adoration, praise, and thanksgiving to God. While emphasizing spontaneous small intimate group-ings in prayer, sisters are continuing to emphasize the vertical dimension. Communities which introduced new [orms o[ communal prayer [onnd these condncive to a deepening of community li[e. 9. Personal management of money and cooperative planning of community budgets will promote an appre-ciation [or the value o[ money, be practical, and be conducive to a responsible use o[ material goods. The per-sonal responsibility which sisters are assuming in finan-cial affairs is making them aware o[ the cost of living. Sisters are finding the allowance (average $26 per month) practical and, in general, adequate. Many sisters are un-certain as to the effects of increased responsibility in fi-nancial matters on the practice of poverty. Some sisters find it difficult to speak in terms of poverty at all because o[ the many connotations the term has, for example, synonymous with destitution. 10. Emphasis on personal responsibility in financial a[- [airs will el]ect greater simplicity o] liIe style or more meaning[ul "ordered minimalness.'" Opinions of over hal~ of the sisters do not snpport the concept that empha-sis on personal responsibility in financial affairs will ef-fect greater simplicity o[ li[e style. The investigator sought to determine the thinking o[ the sisters on the meaning of the vow o[ poverty. A ma-jority of sisters identi~y poverty with a collective sharing of material goods, o~ availability, and o~ love for the poor. Concepts accepted by older sisters and rejected by younger groups are a "willingness to divest onesel~ o~ all things here on earth in order to obtain the riches o~ heaven," and "abandonment of oneself--sacrifice o[ com- [orts and material possessions." Both older and younger sisters agree that poverty means complete and fidl com-mitment to Christ; both groups reject the notion that poverty means dependence on superiors [or material things. 11. Diversified living will enable each sister to develop as a total person and encourage individual initiative in the use o[ her unique talents in promoting the good o[ the community. 25 percent o[ older sisters believe that total development o[ each sister was promoted by partic-ipation in a wide range o[ activities outside the primary apostolate, as compared to 75 percent o[ younger sisters with consensus government and 54 percent with a coordi-nator. In the thinking of most sisters, diversified living does promote the development of each sister and the good of the community. A majority of sisters rejected the idea that diversified living promotes individual satisfaction rather than the total good of the community. 12. Community living will improve as the sisters imple-ment the proposals in Mercy Covenant which are related to community life. Over two-thirds of the sisters indicated that there has been much implementation of Mercy Cove-nant (interim guide for the Sisters of Mercy of the Union). All groups believe that Mercy Covenant has improved community living, with the younger gronp with consensus government being the most enthusiastic (78 percent), and older sisters with a coordinator the least favorably im-pressed (41 percent). Of the groups involved, younger sisters with consensus government believed they experience(! community togeth-erness in a spirit of creativity to the greatest extent (60 percent), and older sisters with a coordinator, to the least extent (45 percent). In summary, most of the sisters in this study believe that proposals on community living have been imple-mented, and that this implementation has made a con-siderable difference in community living. 72 percent say that acceptance of others whose opinions differ from one's own is one area of improvement. 13. Problems and advantages of group living vmy with the size of the group. Nearly 70 percent of all sisters in the study think size has something to do with successful group living. Over half of the sisters prefer a group size of 7 to 12. Advantages cited for small gronps (4-9) were (1) deep and personal relationships, (2) sensitivity in dis-covering the needs of others, (3) less chance of cliques forming, (4) cohesiveness, togetherness, and a sense of belonging, (5) simplified group planning, dialog, and communication, (6) unity through an understanding and acceptance of each individnal, (7) flexible, more easily changed plans, and (8) homelike atmosphere. Disadvan-tages listed were (1) insnfficient variety in personalities for maximum growth opportunities, (2) heavy workload, (3) incompatibility of community members, (4) loneliness when one is not closely related to other members of the gronp, (5) lack of privacy, (6) individual problems affect-ing all members, and (7) demand for much cooperation from each member. Advantages of medium size groups (l 0-18) included (1) diversity in relationships, (2) adequate number available for community activities, (3) reasonable distribution of ÷ 4- ÷ Pilot Study VOLUME ~0, 1971 409 Sister M. Jeanne REVIEW FOR RELIGIOUS 410 work, (4) flexibility of life style and constant presence of community nucleus, (5) adequate privacy, (6) less chance of someone being left out, and (7) easy interchange of ideas. Disadvantages listed were (1) too many divisions possible in community, (2) consensus is difficult, (3) quiet people are swallowed up, (4) lack of personal concern, (5) can make for institutional living, (6) too large for total group activities, (7) too many bosses. Advantages of large groups (19-) included (1) variety of talents, activities, personalities, (2) shared responsibil-ity, (3) better apostolic coverage, (4) easier financially, (5) greater freedom, (6) uncongenial members do not dis-rupt harmony as seriously as in small group, (7) much company and companionship. Disadvantages included (1) lack of family spirit, (2) tendency to form cliques, (3) lack of personalism, (4) difficult to assemble gronp for meet-ings, (5) only a few are heard, (6) can become efficiency oriented, (7) too easy to isolate oneself from community, (8) less responsibility assumed by individuals, (9) lack of communication, (10) too much structure needed. 14. Advantages and disadvantages ol group living vary with the amount of diversity in apostolic worhs repre-sented by group members. Half of the sisters in this study see no particular advantage or disadvantage in profes-sionally diversified groups, with many sisters undecided, perhaps because they never had this experience. In order to obtain further information regarding the effects of diversity of apostolic work, self-selection, and assignment to a group on community living, the sisters were asked to cite advantages and disadvantages of these situations if they had experienced them. Results are summarized be-low. Advantages of diversity of apostolic works in the same community included (I) diversity of viewpoints and inter-ests, (2) conversation not bogged down in perpetual dis-cussion of work situation, (3) can lead to involvement in other works, (4) forced to leave undesirable problems be-hind, (5) source of enrichment, (6) encourages sharing, and (7) promotes appreciation for other's difficulties. Disadvantages included (l) difficulty in planning ac-tivities for entire group, (2) failure to understand other apostolates, (3) confidential information can be unknow-ingly disseminated, and (4) minority groups are sometimes left out of considerations. Adw~ntages of self-selected groups mentioned by re-spondents included (1) provides the satisfaction and com-fort of living with people who accept you as you are and insures a feeling of belonging to the group, (2) contributes to peace and harmony in community because of common ideals, interests, attitudes, goals, (3) increases nnity among members of the group and a sense of responsibility for each other, (4) enhances group spirituality and depth of commitment to apostolate, (5) reduces personality con-flicts and violations of charity, (6) encourages sisters to take responsibility for their own actions, (7) promotes community by size and flexibility of group, and (8) re-duces time and energy needed to adiust to one another. Disadvantages of self-selected groups included (1) group members may be disappointing, (2) can cause loss of com-munity spirit in the larger community, (3) is divisive, (4) is a means of self-gratification, (5) is an unrealistic divi-sion of age groups, (6) can be a cause of added expense, (7) is less a living on faith, less the living of witness to religious life. Advantages of assigned groups mentioned by respor~d-ents included (1) true life style with its variety of ages and temperaments, (2) challenges sisters to new heights of love and consideration for all, (3) provides opportunities for the cultivation of new friends, (4) implements the principle of "being sent" to form community of love, (5) facilitates the keeping of corporate commitments, (6) re-duces the rejection of undesirable persons. Disadwmtages of assigned groups included (1) lack of agreement its to life style with resulting conflict and lack of adjustment, (2) incompatible persons can create prob-lems, (3) unity in diversity is often lacking, (4) restdts in submissiveness and dependence, (5) work may be nnde-sirable, (6) nnhealtl~y friction is often present, (7) lack of personalis~n. One item on the Attitude Scale attempted to find out which areas in the lives of sisters shonld be governed by personal, community, or higher authority decisions. Find-ings were as follows: Areas of Decision Making a. Daily personal prayer b. Daily communal prayer c. Leisure activities within community d. Leisure activities outside community e. Primary work commitment f. Work commiunent in ad-dition to primary apos-tolate Conclusions Source of Decisions Individual (83%) Local Community (58%) Individual (31%) Local Community (29%) Individual (63%) Individual (24%) Higher Authority (20%) Individual and Higher Author-ity (18%) Individual and Higher Author-ity (26%) Individual (22%) Higher Authority (21%) All of the assumptions listed can be accepted with the exception of the four given below which need to be modi-÷ ÷ ÷ Pilot Study VOLU~E 30, 1971 fled and explained in terms used in the text of this manu-script. A basic condition of equality in Christian dignity and free-dom will provide a meaningful way of living out one's com-mitment of obedience. Advantages and disadvantages of group living vary with the amount of diversity in apostolic works represented by group members. Spirituality deepens when each sister is free to determine her prayer life with no specified prayers. Emphasis on personal responsibility in financial affairs will effect greater simplicity of life style or more meaningful "or-dered minimalness." In the opinion of the writer, an understanding of the theology of religious life and mnch dialogue on the real issues which are causing conflict are the needs of the day. Only if conflict, distrnst, and disunity can be replaced by love which can cope with various forms of outward ex-pression will religious turn the present confusion into hopefulness for the future. + + + Sister M. Jeanne REVIEW FOR RELIGIOUS 412 Pra.,ver as CARL STARKLOFF, s.J. "Justi cation by Faith" Although the title may not indicate it, this article will deal with prayer and activity. To explain why one should risk further cluttering the storeroom of spiritual theology with another such study, let me hasten to add that our di