A vital and underappreciated dimension of social interaction is the way individuals justify their actions to others, instinctively drawing on their experience to appeal to principles they hope will command respect. Individuals, however, often misread situations, and many disagreements can be explained by people appealing, knowingly and unknowingly, to different principles. On Justification is the first English translation of Luc Boltanski and Laurent Thévenot's ambitious theoretical examination of these phenomena, a book that has already had a huge impact on French sociology and is likely to h
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Penelitian ini bertujuan untuk memberikan bukti empiris terkait hubungan antara kualitas audit, manajemen laba, perusahaan multinasioanl dan corporate social responsibility terhadap tax avoidance. Dengan menggunakan metode purposive sampling, penelitian ini memilih perusahaan manufaktur yang terdaftar di Bursa Efek Indonesia (BEI) pada periode 2013-2017 sebagai sampel. Data perusahaan terpilih berjumlah 69, sehingga total pengamatan dalam penelitian ini adalah 345 perusahaan selama lima tahun. Metode pengujian dalam penelitian ini menggunakan analisis regresi berganda. Penelitian ini hanya menggunakan beberapa faktor yang mempengaruhi tax avoidance. Variabel-variabel yang diteliti pada penelitian ini hanya dapat menjelaskan sedikit mengenai tax avoidance. Hasil penelitian ini menunjukkan bahwa kualitas audit dan perusahaan multinasional memiliki efek positif dan tidak signifikan terhadap tax avoidance, manajemen laba memiliki efek negatif dan tidak signifikan terhadap tax avoidance sementara corporate social responsibility yang memiliki efek negatif dan signifikan terhadap tax avoidance. Kata Kunci : Tax Avoidance, Kualitas Audit, Manajemen Laba, Perusahaan Multinasional dan Corporate Social Responsibility.DAFTAR PUSTAKAA Chariri dan Imam Ghozali. (2007). Teori Akuntansi. Semarang : Badan Penerbit Universitas Diponegoro. Asfiyati. 2012. Pengaruh Corporate Governance, Kepemilikan Keluarga, dan Karakteristik Perusahaan T erhadap Tax Avoidance. Skripsi Fakultass Ekonomi Universitas Sebelas Maret, Surakarta Anoraga, Panji. (2009). Manajemen Bisnis. Semarang: PT. Rineka Cipta Annisa, Nuralifmida Ayu. (2011). Pengaruh Corporate Governance terhadap Tax Avoidance. Skripsi. Surakarta: Fakultas Ekonomi dan Bisnis, Universitas Sebelas Maret. Annisa, Nuralifmida Ayu dan Lulus Kurniasih. (2012). Pengaruh Corporate Governance terhadap Tax Avoidance. Jurnal Akuntansi dan Auditing, Vol. 8, (No. 2), Mei 2012, hal 95-189. Armstrong, C.S., J.L. Blouin, A.D. Jagolinzer, dan D.F. Larcker. (2013). Corporate Governance, incentives, and tax avoidance. Rock Center for Corporate Governance Stanford University, Working Paper Series (No. 136). Bangun, Subagyo dan Tarigan. (2012). Faktor-faktor Yang Mempengaruhi Audit Report Lag Pada Perusahaan Yang Listed di Bursa Efek Indonesia. Proceeding for Call Paper Pekan Ilmiah Dosen FEB – UKSW. Becker et.at. (1998). "The Effect of Audit Quality on Earnings Management". Contemporary Accounting Research, Spring. Vol. 15. pp 1 – 24. Brigham, Eugene F dan Houston. 2006. Fundamental of FinancialManagement: Dasar-Dasar Manajemen Keuangan. Edisi 10. Jakarta: Salemba Empat. Brigham, Eugene F dan Houston. (2006). Fundamental of FinancialManagement: Dasar-Dasar Manajemen Keuangan. Edisi 10. Jakarta: Salemba Empat. Bovi, Maurizio. (2005). Book-Tax Gap. An Income Horse Race. Working Paper (n. 61). Chen, S., Chen, X., Cheng, Q., & Shevlin, T. J. (2007). Are Family Firms More Tax Aggressive Than Non-Family Firms? SSRN Electronic Journal. https://doi.org/10.2139/ssrn.1014280.Daengs, Achmad. Et al., (2014). Pengaruh Earnings Manajemen Dan Level Of Disclosure Terhadap Cost Of Equity Capital Pada Perusahaan Publik Sektor Industri Real Estate Dan Property Di Bursa Efek Indonesia. De Angelo, L.E. (1981). Auditor Size and Audit Quality. Journal of Accounting and Economics. Dewi, Kristiana dan I Ketut Jati,. (2014). Pengaruh Karakteristik Eksekutif, Karakteristik Perusahaan dan Corporate Governance pada Tax Avoidance di Bursa Efek Indonesia. E-Jurnal Akuntansi ISSN 2302-8556 6.2: 249-260. Dharma, Nyoman Budhi Setya & Naniek Noviari. (2017). Pengaruh Corporate Social Responsibility Dan Capital Intensity Terhadap Tax Avoidance. E-Jurnal Akuntansi Universitas Udayan. Vol. 18.1. 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Does Aggresive Finalcial Reporting Accompany Aggresive Tax Reporting. Electronic Journal: http://doi.org/10.2139/ssrn.647604. Fitri Damayanti & Tridahus Susanto. (2015). Pengaruh Komite Audit, Kualitas Audit, Kepemilikan Institusional, Risiko Perusahaan dan Return On Assets Terhadap Tax Avoidance. jurnal Bisnis dan Manajemen, Vol 5 (No. II), hal 187-206. Geraldina, Ira. (2013). Preferensi Manajemen Laba Akrual Atau Manajemen Laba Riil Dalam Aktivitas Tax Shelter. Jurnal Akuntansi dan Keuangan Indonesia. Vol. 10 (No. 2). Desember 2013. Ghozali, Imam. 2011. Aplikasi Analisis Multivariate dengan Program SPSS 19. Semarang: BP Universitas Diponegoro. Hanlon, M., & Heitzman, S. (2010). A review of tax research . Jurnal of Accounting and Economics. 50(2), 127 – 178. Http://doi.org/10.1016/j.jacceco.2010.09.002 Hidayah, Nurul dkk. (2015). Pengaruh Perusahaan Keluarga, Multinational Company, dan Kepemilikan Institusional terhadap Tax Avoidance. Jom FEKON Vol. 2 (No. 2) Oktober 2015, 1-13. 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¨The actions taken by the Armed Forces are not a mere overthrow of a government but rather the final closing of a historical cycle and the opening of a new one in which respect for human rights is not only borne out by the rule of law and of international declarations, but is also the result of our profound and Christian belief in the preeminent dignity of man as a fundamental value.¨ (…) ¨It will be the objectives of the Armed Forces to restore the validity of the values of Christian morality, of national tradition and of the dignity to be an Argentinean; (…) a final solution to subversion in order to firmly found a reorganized Argentina on the values of Western and Christian civilization by eradicating, once and for all, the vices which afflict the nation. This immense task will require trust and sacrifice but has only one beneficiary the Argentinean people¨ (1). With these words the military junta addressed the Argentines after taking over the government through a coup d'état the 24th of March 1976. Already in this first official communication it is possible to find the strong messianic discourse where the armed forces were fulfilling their holy mission to protect the Christian-national identity of the country.For the first time in the history of Argentina catholic-nationalism, as a nationalist ideology, had an absolute control of the State and was backed by the entrepreneurship and by important sectors of the middle class.(2) The military junta, leaded by Jorge Rafael Videla, was the perfect embodiment of a permanent alliance between religion and fatherland. The armed forces were compelled, being the institution that gave birth to the nation, to fulfill a decisive role in the "holy mission" to morally regenerate the country. This would have allowed Argentina, and therefore all of the Western-Christian civilization, to not just vanquish communism but, also, all of its roots like liberalism, democracy and agnosticism. The military, alongside the Argentinean Catholic Church and its supporters, were convinced that the final battle of the "third world war" was taking place in Argentina. Generals Ramon Camps and Menéndez would even call the "Argentinean theater of operations" as third world war, where they thought the international subversive movements were playing a pivotal role (3). This extremely eschatological feeling was completely different from other similar Cold War scenarios in other developing countries. In Argentina the "final showdown against international communism" syndrome was exacerbated by this alliance between the sword and the cross that would fight communism in order to make a "healthy" society possible, which would lead the way to the regeneration of the "atheist infected" western world. This expectation was the pillar of messianic spirit that justified the extermination plan.But the Proceso de Reorganización Nacional (National Reorganization Process), as the military junta denominated the period that begun with the coup d'état, was more than an extermination plan; it aimed at a total "restoration" of society. The speech given by Lieutenant Jorge Eduardo Goleri at a book burning gathering in Córdoba in April 1976 clearly shows what the Junta was aiming for: "God's will requires that the military preserves the natural order manifest in the Western and Christian civilization to which Argentina is integral, but the East had organized a massive international conspiracy to subvert that civilization by restructuring society in accordance with the seditious and atheistic doctrine of communism. We are facing the imminent doom of our way of being Christian under the assault of subversion"(4).The Junta regarded itself as the creative agent of historical destiny(5). In their eschatological mindset they were analogous to the Messiah. They saw themselves as the mythological/biblical Hero that defended the most sacred/holy interests and appeared when a series of afflictions required his abilities of salvation. The Hero needed a nemesis in order to act and what better foe than international communism. But the latter was constructed in a Manichean, epical and apocalyptical manner. The myth of the Hero was opposite to the myth of a "Metaphysical Enemy". The former would engage in a Mythological/Holy War against an invisible but encompassing "Evil". Violent acts from left-wing guerrilla groups, which the Junta labeled as terrorism, perfectly ascribed that ontological description. Communism, with its terrorist offspring, was foreign, atheist and ideological. The military, then, had to combat it not just in the streets or countryside; but in the people's minds, and souls, as well. Guerrilla fighters were just the armed side; the roots of communism, meaning of terrorism and anti-Catholicism, were to be found in individuals that had ideas contrary to the Juntas' weltanschauung. They were ideas that opposed the catholic foundations of the nation and the society that it embodied.The Junta's adversary was an essentially ideological foe as General Videla stated to a British journalist: "A terrorist (read communist or atheist) is not just someone with a gun or a bomb, but also someone who spreads ideas which are contrary to Western and Christian civilization" and he continued, "…Subversion is all action that seeks the alteration or the destruction of the people's moral criteria and form of life, with the end of seizing power and imposing a new form based upon a different scale of values"(6). The guerrilla was not the most dangerous enemy; because in military terms it was already defeated before the Junta took power. The nemeses were communism, liberalism and democracy, ideologies that advocated an "Anti-Christian Revolution" that subverted the catholic foundations of the country(7). Accordingly, the subversive was guilty of the most serious crime against the Augustinian concept of "Common Good". In this latter sense, the battle against that invisible, but spiritual, Evil was a conflict inside each one of us. Like Massera said: "…the Third World War is not only fought in battlefields but, more importantly, in the believer's soul" (8). This Holy War mobilized the Junta as a "warrior-savior", as a modern crusader fighting for God and freedom from foreign atheist ideologies. This, in part, self-perceived holy mission strengthened the Junta's self-image as Christ's vicar, as crusading defender of Christianity and its Natural Order from the "pagan agents and antinational beings of the Antichrist"(9). Not surprisingly, the military profession was defined by Monsignor Bonamín as a profession of religiosity. Consequently, it is no wander that before the armed forces toppled Isabel Peron's government, they asked for the Catholic Church benediction the night before the coup(10). The Argentinean Catholic Church was as deeply as it could possibly be involved in this crusade. The Crusade's sanctification by the ChurchAfter Videla and Massera were blessed by the heads of the Argentinean Episcopate the night before the coup, Parana's Archbishop and military Bishop Adolfo Tortolo announced that the Catholic Church would positively cooperate with the new government (11). The Church was actively supporting and legitimizing the imminent armed forces' putsch. This probably did not surprise the future Junta's leaders. In December 1975, just three months before the coup d'état, Tortolo had called for the military to inaugurate a "purification process" and his subordinate Bonamín had stated, during the mass in front of future Junta leader General Viola, that Christ wanted the armed forces to be beyond their function in the future (12). The vicars of Christ on Earth were actually telling the military what were their Lord's orders. This symbiosis between the sword and the cross continued even after the first accusations of human rights violations against the Junta. On October 1976, Tortolo declared that he did not know of any evidence that proved that human rights were being violated or abused. In 1977 he went even further by affirming that the Church thought that the armed forces were acting accordingly to the special demands of the present juncture; meaning that the military was fulfilling its duty (13). The same with Bonamín's declarations regarding the role of the armed forces: "…it was written, it was in God's plan that Argentina did not have to lose its greatness and it was saved by its natural custodian: the army"; "…Providence has given the army the duty to govern, from the Presidency to the intervention in a trade union"; and finally "…the anti-guerrilla fight is a battle for the Republic of Argentina, for its integrity, but also for its altars (…) This fight is a fight in morality's defense, of men's dignity, ultimately a fight in God's defense (…) That is why I ask for the divine protection in this dirty war to which we are committed to." (14)The vast majority of the Argentinean Catholic Church favored and strongly supported the military junta's government and repression. Only four of the eighty-four clerical members of the Argentinean Episcopate publicly denounced the regime's repression (15). However, the Church was not just backing the Junta because it legitimized its sacred duty to defend the fatherland or because it identified itself in the Junta's messianic mission; but because Church also had to deal with its own internal enemies. The Argentinean Catholic Church was, perhaps, the most conservative Latin-American national Church. It was strongly in disagreement with the three most important progressive movements inside the Catholic Church: the Second Vatican Council, the Third World Priesthood Movement and the Latin-American Episcopal Council of Medellin. The Theological Liberation Movement that spread through Latin America during the 60s and 70s was extremely popular among young Argentineans. Several priests identified themselves with the Movement and tried to bring change to the Argentinean Church through their communal and pastoral actions among poor sectors. Additionally, several Montoneros' members were former catholic school's students that had radicalized, in part, because of their experience with the Theological Liberation Movement. The Catholic Church, then, supported, or did not protest too much against, the "internal cleansing" done by the military; like the killing of Father Mujica, Angelleli and four Palotines clerics among other cases (16).Lastly, the Catholic Church was involved in a much sinister way with the Junta's actions. The heads of the Argentinean Church knew about the repressive methods being used by the security and armed forces and chose not to condemn them. They considered them as necessary sacrifices for the Common Good. Nevertheless, several clerics went further by assisting and taking an active part in the implementation of torture and other repressive mechanisms used by the Junta. More than two hundred prelates participated in four different ways: offering confession/absolution to the victims before being executed or thrown into the sea; assisting the torturers by playing the "good cop" role; being themselves the torturers; and, by confessing and spiritually assisting the torturers and other victimizers (17). The priest Christian von Wernich is, maybe, one of the best examples of the fusion between the cross and the sword. Not only he assisted the torturers in their tasks, he even was involved in the kidnapping and torture of several desaparecidos and in the infiltration of exiled groups in New York (18). He, among others like Archbishop Plaza, Fathers Astigueta, Castillo and Perlanda López that also assisted torture sessions, justified the repressive methods, not considering them sins, by legitimizing their, and the military, behavior under the Augustinian and De Vitorian doctrines of "just war". The support of the Catholic Church for the fight against subversion and its blessing was a pivotal element in the implementation of the plan of extermination and its suppressive mechanisms. The repressive methods, chosen by the Junta, were not void themselves of a messianic and divine nature. Divine and Redemptory Violence The three main types of violent acts that reflected the Junta's Messianic crusade, which were an integral part of their repressive methods, were: torture, thevictim's throwing into the sea and the appropriation of the victims' children by families deemed proper by the military. These violent means, chosen by the perpetrators to perpetually annihilate the ideas that were subverting the Argentinean Catholic traditions, were constructed under the discourse of "love" in two different ways: firstly, the kind of love upheld by Thomas Aquinas where the authority could legitimately kill evil-doers when the formers were motivated by charity. The crusading Junta envisaged that the repressive methods it used had a transcendental value. That type of violence was constructive rather than destructive, insofar as it was able to eradicate evil in order to create good (19). Love was considered the reason for an act of violence, for a punishment that redeemed the sinner, disregarding whether the latter survived the penitence. General Ramón Camps, commenting of how the detention centers perfected the victims through torture, said: "It is love that prioritizes and legitimates the actions of soldiers. The use of force to put an end to violence does not imply hate since it is nothing other than the difficult search for the restoration of love. In the war we are fighting, love of social body that we want to protect is what comes first in all of our actions" (20). Massera and Videla also referred to the dictatorship's repression as an "act of love" or "work that began with love"(21). All these statements reflected how the just war's discourse of Christian charity was in their minds by giving love a pivotal place.Secondly, there was another, and more complex, kind of love in the Junta's Christian-inspired crusade, which contrasted with the former metaphysical type and appeared exclusively in the torture tables of the detention centers, and should be labeled as sexual love. The torture sessions were filled of sexual symbolisms and discourse. The eroticism present in the torments was the exteriorization of the torturer's sexual -religiously repressed- desires into the body -the sexual surrogate totem- of the tortured. Consequently, the act of torture symbolized the act of sex(22). Like Jacobo Timerman perfectly put it, the Junta's violence was the emotional and erotic expression of a militarized nation (23).An expression orchestrated by the use of the picana. The latter was the preferred torture instrument used by the torturers for many reasons. Historically, it was first used by the nationalists during Uriburu's dictatorship and it was extremely effective in administering the desired amount of pain. However, symbolically, thepicana represented, better than other torments, the rawest manifestation of the Junta's conception of power related to "love's twofold sense". Considering torture as a Christian act of love, the picana was the necessary instrument to get a confession from the torturer that would eventually get him redemption. But thepicana had to fill a "void space". According to the perpetrators the victims were atheists (then they were not Argentines), which meant that in order to get any kind of absolution they had to, somehow, recognize and accept the Word of Christ. The Word would fill the empty victims; but first the picana would have to fill them with the will to "repent" and "convert". Once the tortured had received several electric shocks, they would receive and recite the Word by being ordered by the torturers to deliver Catholic prayers (24). Through these confessions the Junta's self perceived role of being the vicars of Christ on Earth was realized every time. They had defeated the atheist enemy but, employing Christian charity, they also had won the battle for the subversives' souls. Redemption was offered to anyone, even the irrecoverable cases. Even if their bodies were deprived of life their souls were saved. One of the ways that the ones not redeemed during confession were granted spiritual salvation was by the purifying power of water. By throwing them into the sea alive they were bestowing them a new, or first, "baptism" (25). It was the perpetrators' holy mission to redeem the victims' souls in life or in death. The picana, when considering torture as a sexual act, was also a phallic symbol. The torturer would make use of the picana-phallus to inflict pain and, at the same time, through the victim's screams and spasms satisfy his own repressed sexual desires. The perpetrator would systematically use the picana-phallus in the erogenous parts of the body. The body of the tortured would then transform into the sexual object of the repressor's desires. A sinful object that had to be purified with repent or conversion but only after the torturer's sexual desire had been satisfied (26). Symbols of divine violence can be found in other examples of torture sessions during the Junta's dictatorship. The torturers would yell at the captives, and would also made them say, "Viva Cristo Rey" and would make them thank God for another day by make them recite prayers before sleep. The picana was sometimes referred as "giving holy communion" as well as water-boarding was named "baptism". Among the many names that the torture chambers were given by the perpetrators there were: "the confessionary" and "the altar" (27). The latter clearly reflects the idea of sacrifice embedded in the repressors' minds. Regarding the victims' religious creeds the torturers would make a distinction between the recoverable and irrecoverable cases. Among the former ones there would be victims that had a catholic background because they had gone to catholic schools or because they knew how to recite prayers (28). Nevertheless, being catholic was not synonym of survival. The irrecoverable Catholics would only have their souls saved, but not their lives. Amid the desaparecidos there were an important proportion of Jews. About 1% of the Argentine population was of Jewish origin, but 20% of desaparecidos shared the same religious background (29). The Junta believed in an international communist conspiracy that, like the Nazis before, was leaded by the Jewry. Being Jewish meant being a Bolshevik. Additionally, the Junta's Messianic trope further propelled the kidnapping and execution of the community that, according to them, was responsible for Christ's crucifixion (30). Lastly, the appropriation of the desaparecidos children by the military was, perhaps, the most sinister of the Messianic-inspired repressive acts done by the military., The kidnapped pregnant women that gave birth in captivity, after being tortured regardless of their condition, were deprived of their children. The newborns were appropriated by families that would rise according to Catholic tradition. Motivated by Christian charity and its doctrine, these children would avoid the atheism, Judaism or wrongly conceived Catholicism that their parents would have offered them. These newborns were, according to the Junta, truly "innocent" and deserved to have the chance to live a proper life in genuine catholic families. Concluding RemarksThe Messianic ideology during the dictatorship was present not only in the Junta's ideology, but also in its discourse and repressive methods. Even if not everything that happened during the military regime can be explained through the catholic-nationalist ideology, the latter provides the essential motivation for the government. It is difficult to imagine that the magnitude, and chosen methods, of the repression would have been the same without the Messianic trope. By comparing the level of Argentinean repression to other military regimes of the Southern Cone in the same period, the distinction is remarkable. Not only the repressive mechanisms used by the Argentinean dictatorship were distinct, and more sadist and cruel, than the Chilean, Uruguayan and Brazilian cases, but the amount of Argentina's desaparecidos dwarfs those cases.Additionally, the Argentinean Catholic Church was the only one to completely back the regime and its repressive methods. In Chile, for example, the heads of the Church were divided in supporting Pinochet. Ultimately, the majority of the Church would condemn the Chilean regime. Regarding the political leadership, there are no religious discourses that serve as justification for the regimes in the other Southern Cone's dictatorships. The military juntas of those countries never legitimized their governments or their respective coup d'états in God's will or the salvation of Christian-Western civilization. National security and the fear of communism were their justification. Even if the regimes were ideologically justified, these were never of a religious nature like in the Argentinean case. It is probably the catholic-nationalist ideology, matured in the 30s, augmented by the international communist conspiracy typical of the Cold War that prompted the Junta in Argentina to completely wipeout what they perceived as atheist and foreign elements in society. Without a Messianic military that was ready to fight a crusade in order to restore order to the nation and without the blessing and active support from the Church, the repression would not have had the size and the horror that it had. The armed forces were fighting what they thought was the last crusade of the 20th century against the atheist forces of communism. The "Third World War" was already happening to them. Winning it was more than strategic, it was a holy mission. (1) Excerpts from a radio announcement made by the Junta after taking control of the State. Cited in Loveman, David and Davies, M. Thomas; The Politics of Antipolitics: The Military in Latin America; University of Nebraska Press; Lincoln; 1978; pp. 177. (2) See Novaro, Marcos and Palermo, Vicente; La Dictadura Militar; Paidos; Buenos Aires; 2003. (3) See Clarin, June the 26th 1976. Cited in Novaro, Marcos and Palermo, Vicente; La Dictadura Militar; Paidos; Buenos Aires; 2003; pp. 93. (4) Cited in Frontalini, Daniel and Caiati, Maria C.; El mito de la guerra sucia; CELS; Buenos Aires; 1984; pp. 90. Note how the East is viewed as the geopolitical source of "evil" similar to the Nazis' fear of the East. (5) See Graziano, Frank; Divine Violence. Spectacle, Psychosexuality, & Radical Christianity in the Argentine "Dirty War"; Westview Press; Boulder; 1992; pp. 120.(6) See CONADEP; Nunca Más; Eudeba; Buenos Aires; 1984; pp. 342. (7) See Castro Castillo, Marcial; Fuerzas armadas: Ética y represión; Nuevo Orden; Buenos Aires; 1979; pp.120. (8) Massera, Emilio; El país que queremos; FEPA; Buenos Aires; 1981; pp. 44. This concept of an internal and spiritual struggle is common to all religious fanatic ideologies. For example the original significance of Jihad was that of the soul's struggle against temptation. The concept would later evolve to holy war. (9) As subversives were defined by Ramon Agosti. Cited in Verbitsky, Horacio; La última batalla de la tercera guerra mundial; Legasa; Buenos Aires; 1984; pp.16. (10) La Nación, March the 25th 1976; cited in Mignone, Emilio; Iglesia y Dictadura; Colihue; Buenos Aires; 1986; pp.25. (11) See Mignone, Emilio; Iglesia y Dictadura; Colihue; Buenos Aires; 1986; pp.25. Additionally, Tortolo was Videla's private confessor. (12) Ibid; pp. 25(13) Ibid; pp. 26-28. (14) Ibid; pp. 30-31. (15) See Novaro, Marcos and Palermo, Vicente; La Dictadura Militar; Paidos; Buenos Aires; 2003; pp. 99 (16) Ibid; pp. 97(17) See Mignone, Emilio; Iglesia y Dictadura; Colihue; Buenos Aires; 1986; and CONADEP;Nunca Más; Eudeba; Buenos Aires; 1984; pp. 342-360. (18) See Mignone, Emilio; Iglesia y Dictadura; Colihue; Buenos Aires; 1986pp.179-188. (19) Graziano, Frank; Divine Violence. Spectacle, Psychosexuality, & Radical Christianity in the Argentine "Dirty War"; Westview Press; Boulder; 1992; pp.152(20) See Camps, Ramón; Caso Timerman: punto final; Tribuna Abierta; Buenos Aires; 1982; pp. 21. (21) CONADEP; Nunca Más; Eudeba; Buenos Aires; 1984; pp. 348. Additionaly, it is interesting to notice how Carl Schimitt's political theology theory is translated into the Junta's discourse. In this sense, the Junta's actions would be a Schimittian case of politics not being able to be dettached from religion. This, in turn, would contradict several secularization theories. See, Schimitt, Carl, Political Theology: Four Chapters on the Concept of Sovereignity, Chicago Univertisty Press, Chica, 2006.(22) Interestingly, Saint Augustine described copulation in such a dreadful way that it seemed like an act of torture. See Foucault, Michel; Historia de la Sexualidad: Vol. 1, La voluntada del saber; Siglo XXI; Buenos Aires; 2008; pp. 37. (23) See Timerman Jacobo; Preso sin nombre, celda sin número; De la Flor; Buenos Aires; 2002; pp. 17. (24) See CONADEP; Nunca Más; Eudeba; Buenos Aires; 1984; pp. 347-360; and Graziano, Frank; Divine Violence. Spectacle, Psychosexuality, & Radical Christianity in the Argentine "Dirty War"; Westview Press; Boulder; 1992; pp. 166. (25) It is rather interesting to note that throwing victims alive into the sea or rivers was a common killing method used by other strongly catholic Messianic inspired authoritarian regimes or groups. The falangistas would throw communists, anarchists and socialists (and whoever they thought was not catholic enough) to the rivers during the Spanish Civil War. The Algerian French and later the OAS would throw FLN suspects to the Mediterranean during the Algerian War of Independence. Even in Argentina, during the 1930s, the nationalists were talking about pushing the communists into the sea. A more detailed research should be conducted on this issue. Probably the Spanish Inquisition's torture methods, involving boiled water or a pool where the suspected heretics would drown, clearly influenced all of these cases into using natural sources of water to purify their sacred lands from the nonbelievers. (26) For more on torture as a sexual act and the picana as phallus see Graziano, Frank; Divine Violence. Spectacle, Psychosexuality, & Radical Christianity in the Argentine "Dirty War"; Westview Press; Boulder; 1992; pp. 158-190. (27) CONADEP; Nunca Más; Eudeba; Buenos Aires; 1984; pp. 26-50. (28) Many tortured victims remember how the torturers were clearly surprised to see the formers wearing crosses after making them take out their clothes. In some of these cases the torturers would say to the victims that their life would be saved because they were Christians but had lost their way and it would be the repressors' task to show them the right path. (29) See Novaro, Marcos and Palermo, Vicente; La Dictadura Militar; Paidos; Buenos Aires; 2003; pp. 115. (30) During the trial of torturer known as Jorge "El Tigre" Acosta a witness remembered him saying, after killing a captive while torturing him, that he was happy that he had died because he was going to be freed but he did not want a Jew to walk freely in Argentina; all Jews were guilty because they had killed Christ. See Diario Perfil; "Juicio al Tigre Acosta por el asesinato de Hugo Tarnopolsky"; May the 12th 2007. *Estudiante de Doctorado, New School for Social Research, New YorkMaestría en Estudios Internacionales, Universidad Torcuato Di Tella, Buenos AiresÁrea de Especialización: Procesos de formación del Estado moderno, sociología de la guerra, terrorismo, genocidio, conflictos étnicos, nacionalismos y minorías.E-mail: guere469@newschool.edu
Confession without Borders: 1st Wave Feminism against Woman's Right Disproportion in AtiqRahimi'sThe Patience Stone TitikHariPangestu English Literature Faculty of Languages and Arts State University of Surabaya Titik_hari@ymail.com Diana Budi Darma, SS. M.Pd. English Department Faculty of Languages and Arts State University of Surabaya Dianabd9@gmail.com Abstrak Penelitianinimemfokuskanpadaketidakseimbanganatashak-hakperempuan di Afghanistan denganmenggunakantindakantokohutamadalam novel inisebagaisumberdalamtesisini. Ktidakseimbanganhakmunculsebagaiakibatdaridominasisatusisikesisi lain. Masalahpertamadalamtesisiniberbicaratentangdominasilaki-laki. Yang keduamengungkapkanpengakuanperempuansebagaicerminandarifeminismegelombangpertama. Dalammenjawabpertanyaanpertama, penelitianinididukungolehteoripatriarki, sertadidukungolehbukuNawal El – Saadawi, dimanabukuiniberfokuspadadominasilaki-laki di wilayahArab. Permasalahankeduaakandijawabdenganmenggunakanteoridarifeminism, yang mengkhususkanpada feminismgelombangpertama. Analisisiniakanmenunjukkanbahwaketidakseimbanganperempuandisebabkanolehadanyawarisan agama danbudayasecaraturuntemurundalamkomunitasini. Setelahmenggambarkandoominasikaumpria, selanjutnyatesisiniakanmenggambarkanbagaimanaperempuan di wilayahinimenghadapiketidakseimbanganini. Tesisiniakanmengemukakan,sistemPatriarki yangdinilaisebagaipenyebabmunculnyaketidakseimbangantersebut,.Ketidakseimbanganinimemberikantekananbesartercermindalampengakuanistri, yang padaakhirnyamemberinyakekuatanuntukmelawanterhadapketidakseimbanganini. Kata kunci: Patriarki ,FeminismeGelombangPertama Abstract This study focuses on depicting Afghan women's rights disproportion by using main character's act inside this novel. Right disproportion appears as a result of the domination of one sides to the other. The first problem talks about the domination of men's. The second reveal the women's confession represent first wave feminism. In answering first question, this research is supported by patriarchy theory, and supported by Nawal-El-Saadawi's book which focus on men's domination in this region. The second statement of problem will be answered by using a theory from the first wave feminism. The analysis reveals the disproportion of women right caused by hereditary thought of their religion and cultural and also how women in this region face this disproportion. Patriarchal believes is use as a cause of the disproportion. Furthermore, this disproportion which cause a huge pressure analyzing by wife's confession finally give her a power to fight back against this disproportion. Keywords: Patriarchy, First Wave Feminism INTRODUCTION Offending to women in the society, especially to traditional system, it must dribble a fact of disproportion of women within it. This fact finally grounds the responder of it, especially to whom it may concern with cultural study to talk to. Besides that, this phenomenon also creates an unforgettable experience to author to write it down in utterance of beautiful work, especially novel that brings conflicts in detail. According to Rene Wellek and Austin Warren say that literary work is the representation of the author toward social life and society (Wellek & Warren, 1949: 90). According those quotation, literary can be affected by society because the author is part of the society. His idea can come from his or her society. The author combining his experience with some fiction than use this as the main source of literary works. In other word, between literary work and society or social life is tightly related each other. By using particular literary work, a researcher can identify a social condition in a particular area. Empirically, women are seen as the weakness subject. They are only put in in the second position in this life. Their duties only focus on domestic area such as bearing a child, cook for the household, and clean the house. Functionally, in war era women are only used for king and warrior sex satisfaction. They do not have any important role struggling for the war. Women's involvement in the war seen as a problem. They are seen as the weakness creature that will cause difficulties and also seen as a stupid creature who does not understand about war strategy. So, in this era, they were only used as the object for the warrior's sexual desire. Institutionally women are consider as the womb of baby child before it is born to the world. Unfortunately after their birth, the right of their naming is totally in their father hands. For example, in Chines system of family name, the structural of their kids name is come from their father family name. From those explanation, it can be conclude that women only seen from their function rather than their role. Women do not have their own in making important decision, to give their opinions, especially deliver about their feeling. They cannot live with their own will. Their man is the center of their live. They have to fulfill what their man need. This Traditional gender role cast men as rational, strong, protective, and decisive. They cast women as emotional (irrational), weak, nurturing, and submissive (Lois Tyson, 2006: 84). Men is the leader of their women, they have total control in decide how the women behave and act. However, in fact this traditional gender role still occur in this modern era, especially in Middle East country such as Afghanistan. This country known as an Islamic country which is uses Koran as their main laws, and guidance of their live. In Koran. Islam had been stated that "Men are the protectors and maintainers of women, because God has made one of them to excel the other, and because they spend from their means. Therefore the righteous women are devoutly obedient and guard in the husband's absence what God orders them to guard. It is also said that men are little bit higher than women and they are oblised to protect and save the women. Patriarchy has become an inevitable issue of the growth of Afghanistan as a Muslim country. Especially during the Taliban leadership, which began in 1996 till 2001. Taliban as a part of Arabian world has different perception in apply Islamic laws. The Taliban's version ofIslamappears too many Muslims to be a new-bornfaithdeveloped, canonized, and interpreted by Taliban scholars with the reclusive supreme leader, Mohammed Omar at the helm giving his stamp of approval for implementation. Afghan women were forced to wear theburqaat all times in public which is quite different with burqa from Arabian women. Afghan women cover all of parts their body including their face except their eyes area. Taliban see face of a woman is a source of corruption for men who are not related to them.In a systematic segregation sometimes referred to asgender apartheid, women were not allowed to work, they were not allowed to be educated after the age of eight, and until then were permitted only to study theQur'an. Women were beaten for showing a bit of ankle or wearing noisy shoes. They could not speak in public or to men who were not relatives. They were beaten, even killed, for minor violations of these rules. But all of that oppression does not make women in Afghanistan hate Taliban men. Marrying Taliban warrior seen as one of the pride in their life. It cause the Taliban warrior seen as the hero in Afghanistan. They were struggling for their freedom from the western shackles, even in fact their coming give another suffering for women in Afghanistan. Marry them can increase the assessed value and the social status of a family. They will be considered as a family of heroes who fought for his country. So, it is pride for any Afghanistan women to married a Taliban warrior even they know what kind of consequence that they will face. Finally, it sharpen to a problem about the relation of them, Islam, Taliban, Patriarchy, and women in the world, especially to the facts reflected in Atiq Rahimi's The Patience Stone. Generally, religion have a patriarchal view of the relationship between the genders. The relation between Adam and Eve how many religion view woman. As Al-Hibri writes, God was declared male, and man was declared to be created in His likeness. Eve became the symbol of temptation and sin. The woman was consequently judged as a less likely candidate for salvation and an everlasting life in heaven than man. (Al-Hibri, 1981:176). Islam inherited the old image of Eve and of women that depict them as the close followers and instrument of Satan, the body of women being his abode (Saadawi, 2001:274). So, it is important to envelop them in veils and flowing robes (Saadawi, 2001:275). As the living carrier of the danger of sexuality and its infinite social destructive forces, women have to be controlled. Since Islam regards women as an active sexual power, it is important to restrict women's sexual power over men. The result is isolating women and men in different worlds. In talking about women's oppression, feminism thought as the appropriate philosophy in investigate this phenomenon. Feminism is an awareness of women's oppression and exploitation in society. This theory is struggling to achieve dignity, rights, and freedom for women to control their lives and bodies within home and outside. According to its movement, this philosophy were divided into three waves, first wave, second and third wave. First wave is concern about equality, second wave concern about the commitment of diversity, and third wave concern in diversity in specific normative. And according to the problem which is appear in the explanation above, the first wave movement of feminism, is appropriate movement that will be used to answer this question. Originally it focus on the promotion of equal contract and property rights for women and the opposition to chattel marriage and ownership of married women (and their children) by their husbands. This movement begin with Mary Wollstonecraft's Vindication of the Rights of Woman (1792). Wollstonecraft's was the first to issue an outspoken rallying cry to middle-class women, especially mothers, as major influences on society (Gamble, 2001:15). Her emphasis was on the need to make women rational, till women are more rationally educated. Furthermore, this thesis will become a great analysis when it is known that the object of this thesis, AtiqRahimi's The Patience Stone, is the winner of prestigious Goncourt Prize in France, and is a deceptively simple book written in a spare, poetic style. It is rich read, part allegory, part of tale of retribution, part an exploration of honour, love sex, marriage, and war. It is without doubt an important and courageous book. This voice is in giving voice to those who, as the fable goes, suffer the most and cry out the least (Khaled Hosseini, The Patience Stone's Preface). The Patient Stone is a France novel which is translated in English version. Set almost entirely in one room - the bedroom of the husband and just about the only character who talks is the wife. The woman open up her feeling and thought to the men in her society, confronting the taboo of female oppression and sexuality. Her voice can describe the darkness in her live, her painful and her sorrow for being as a women. Her monologue definitely drive out the reader to think as the woman side, without eliminating the other character in this novel. Besides The Patience StoneAtiqRahimi also wrote some canon novel and won some prestigious appreciation. The first novel is Earth and Ashes, written in Persian and become an instant best seller in Europe and South America. A movie based on this book, directed by Rahimi, was awarded the Prix du Regard versl'Avenir at the 2004 Cannes Film Festival. The film was featured in 50 festivals, winning a total of 25 awards including the one at Cannes and a Golden Dhow award for best feature film at the Zanzibar International Film Festival. And the others work is A thousand Rooms of Dream and Fear. Working on disproportion of women right for study is always an interesting and courageous idea. Through the confession of "Wife" character in this novel, this study can reveal that there is a rebellion and courageous, and how this character survive from the disproportion in Taliban era. Wife already thought since she was young that man is leader for woman, so she must obey him. Rather than fight back against her husband, she choose to use her silence as a form of rebellion. By using this character, it is can be seen that there is a rebellion inside of hereditary understanding regarding woman and man positioned. With discussing this topic, there is a description about what happened in this country especially about the inequality and also how far the disproportion of the women right still exist in this country. RESEARCH METHOD As has been stated in the description above, literature is a reflection of a society portray and the combination of the author fiction. Literary work is meaningful. Hence, it delivers many meanings and interpretations that can be caught by the reader as an interpreter. In other word, to find the accounted result, it needs a method that is based on the problems to avoid the blurry result. This study take novel from Atiq Rahimi The Patience Stone as the main source, and using some quotation inside it as the data. The type of this research is qualitative research because it produces descriptive data. The problem in this study is concerning about man's domination and woman's inequality treatment that will be analyzed by using patriarchy and first wave feminism from several feminists. WOMAN IN ISLAM Islam already stated that man is a leader for woman so they obliged to educate, protect and maintain the woman. God had been created man little bit more than the woman. It can be seen by the existence of their muscle. This gift, make man as the stronger one so they are seen as the appropriate one to be a leader while woman is the follower. So, woman must follow and obey their husband. According to Saadawi's book, Islam inherited the old image of Eve and of women that depict them as the close followers and instrument of Satan, the body of women being his abode (Saadawi, 2001:274). So, it is important to envelop them in veils and flowing robes (Saadawi, 2001:275). In other word, this society position woman as the guilty one dealing with their body and sexuality. That is why, woman in Islam, especially in Patriarchy country must get married, so they need man to control their temptation. Islam makes marriage as the only institution where sex between men and women can be done in a way that is more moral (Saadawi, 2001:280). Sex is done outside this institution directly transformed into an act of sin and evil, even masturbation was not permitted. Based on Ibnu Abbas' (friend of Prophet Muhammad) statement "and married a slave is better than masturbation and fornication (zina)". Therefore an unmarried men divided into three sins, first married a slave, then masturbation the foremost is fornication (zina). In other words, marriage is an established system for sex where one part uses to avoid slander (fitnah) and the other side used it as the legalization for reproduction as much as they want, and off course get good agreement to acquire pleasure within the bounds of Islam (Saadawi, 2001:281). Based on the Al-Ghazali an Arabian philosopher statement in Nawal's book, besides for reproduction, the purpose marital is immunity against demons, break the sharp tip of the desire, distance from danger of lust, keep our eye from what who supposed not to be seen, protect male sexual organ, as well as follow the advice our prophet (Saadawi, 2001:276). But this institution is still different for men and women, especially dealing with their rights and obligations not only inside in their house hold but also in their society. In their household activities, wife only concern about their domestic business. Their main job only raising their children, cleaning their house and satisfying their husband in bed. They do not allowed to care about what happened outside their area. Marriage makes men's heart free from household and clean their house, so they can concern to their job, religion and science in other word, they can concern in developing themselves. Al-Ghazali states in Saadawi's book "In fact, your wife let you to work on the final day and she concern about your house and relieve your lust" (Saadawi, 2001:284). Therefore, a man is seen not able to devote themself in science development and religion unless they have a wife that can handle their household. ARABIC SOCIETY Arabic culture is male centered. Males dominate most cultural, political and social institutions. This has a direct impact on the cultural status of women in both Arabic and Islamic countries. While Islam emphasizes the equality of men and women, Arabic culture minimizes it. A Jewish Arab in Morocco or a Christian Arab in Syria adheres to the same system and thus would have the same views on the role and status of women. The socially-rooted conceptualizations of differences in women's and men's sexualities and their biological nature are so frequently evoked to the extent that they become part and parcel of the individual and collective consciousness. In this regard, the "natural role" of women is one of the most deeply rooted interventions at the conscious and unconscious levels. Consequently, women's fulfillment of their "natural role" associated with the reproductive process becomes compulsory and coercive. In the end, this leads to women's lives becoming regulated through the sharia, constitutions, laws, and predominant social norms, in ways that far exceed what applies to men. In Arab societies, women's status is mainly defined by their roles as mothers and wives. Their main job only concern about raising children, cleaning their house and also serve their husband (Saadawi, 2001:285). Different from the husband's position as head of the family, they are taking control over their families, so that the actual duty as a husband in this culture region is to control and supervise the family and finally it position woman in second position after their husband. Women could not make decisions based on their own beliefs, and had little control over their marriages. Society create that the noble obligation for a wife to completely obedient to their husband, they cannot be different, no asking a question or refused their orders, (Saadawi, 2001:286). In other words, there is no independent decision for women. Their freedom is limited or moreover it is deleted because the ideal women in this society is a woman who can follow her husband without complaining about anything. Essentially. So, it can be conclude women were slaves to men and made no decisions on anything, whether it be something that directly impacted them or not. LOVE AND SEX IN ARABIC SOCIETY The strong influence of the cultural background of the Arab and Islamic values which strongly stuck in Arabic life makes this nation see love and sex as something taboo and full of mystery. In this region, woman take crucial part in this ritual. As the legacy from cultural background and also religion values the Arabic seen women without exception as cause of fitnah (fornication). Arab woman adorned with temptation and fitnah. Where in this sense they become part of the spirit of Islam, which force women into sexual temptation in the community who bring libel. In this case is related to a conspiracy libel, resistance, which interfere with any order that has been built by the gods. So, they are very closely related to sex and sin (Saadawi, 2001:273). Men on the other hand, though had great sex appetite, not accused of sin unless driven by temptation and seduction of women. The power of the male sex being a part of the soul of the Arabs and its soul is connected with virility (Saadawi, 2001:294). Thus, man is ordered to marry in order to defeat the evil and the woman temptation. Despite the desire of sex are owned by both parties, but in fact women in this region bear all the restraints. Man sexuality is connected with virility different with women sexuality which their sex connected with sins and devil. So, it will be ashamed if men in this region have a problem in their sexuality that is impotent and the only one who can know this, is woman. But the solution taken upon of these problem were quite surprisingly. As quoted in Saadawi's book "Virgins were not permitted to know far about sex, while a widow who already have experience from her previous marriage definitely can recognize this weakness. That is why they give "Lower" for their label" (Saadawi, 2001:295). These restraints were taken up in order to protect men from women so they cannot drop them. Women must keep their virginity by their own self. A woman who lost her virginity before marriage will be confuse and fear of family rejection both from family or society, but men who come save her will be seen as a hero and respectful (Mernissi, 1999:86). In a marriage, blood of virginity is very important. In the first night after their marriage, commonly they will use white sheet in order to see virginity blood and this blood is an evidence of chastity and honor of family (Saadawi, 2001: 295). Contrary with men who cannot be identified their virginity from their physical and the limitation of the girls knowledge about sex, it makes them do not have any burden even they already ever had sex out of the marriage. So it can be said that Arabic society were more tolerate to men in their sexuality rather than women. Beside virginity blood, the other blood which is very crucial for Arabian society is menstruation "haid". In Islam haidseen as a dirt. In an authoritative Arab dictionary named Lisa Al'-Arab menstruation mean al- khubts (Viciousness combined with cruelty), al-makr (the desire to destroy been prepared with despicable). Menstruation for women is related with their sexuality. They are seen ready for their sexuality when they already in this period. So, when they arrive in this period, in Arabian culture means that their temptation was completed. And based on Surah above women in this period time were seen as the impurity women. PATRIARCHY IN TALIBAN When the Taliban took control of Afghanistan in 1996, the status of women declined rapidly until women were completely confined to home, or only allowed to leave home with a male escort while wearing a burqa. If a woman seen outside without being covered from head to toe, even if only a little skin was exposed, she would be beaten. These rules complicated things completely for women who no longer have a living male relative, or women who are too poor to be able to purchase a burqa.The other extreme rules confining women during Taliban are, the window in homes to be painted to prevent others from viewing women from the outside, women must not laugh, talk loudly, or make any noise at all when in public. All of these rules among others made women prisoners in their own homes, unable to go anywhere or do anything without being under the watch of man. Based on the explanation above, it can be conclude that there is a disproportion of rights in this sexes. The sense of patriarchy is definitely appear in regime. Taliban imposed straight rules for women or it is also can be said they tend to jail women., limited their access, hide them from worldwide and also do whatever they want to women. According to Millet, patriarchy's chief institution is family, where patriarchal ideology well maintained traditionally and modern. As the smallest unit, family contribute in strengthening this ideology (Millet, 1970:33). Encourage every family members to think and behave in accordance with the rules of the community who embraced the patriarchy. In this institution, commonly this ideology will be It will be taught into two categorize, that is how girl's role and boy's role. They will learn character, role and status between wife and husband and also father and mother. According to Millet, patriarchal ideology socialized into three categories. First, temperament involves the formation of human personality along stereotyped line of sex category ("masculine" and feminine), based on the needs and values of the dominant group and dictated by what its members cherish an themselves and find convenient in subordinates: aggression, intelligence, force, and efficacy in the male: passivity, ignorance, docility, "virtue" and ineffectuality in the female. This is complemented by a second factor, sex role, which decrees a consonant and highly elaborate code of conduct, gesture and attitude for each sex. In terms of activity, sex role assigns domestic service and attendance upon infants to the female, the rest of human achievement interest and ambition to the male (Millet 1970:26). Patriarchal ideology is very difficult to remove from this society because they still maintain it. Stereotypes attached to women as domestic workers made him weak because they did not get money from their work to take care of the household. Domestic work is taken for granted and it was her duty as a woman. She does not need to earn money from their work and the result she always dependent on her husband. Millet stated that patriarchal ideology cannot be torn down because women are economically dependent on men. Dependence that occurs throughout life. Conventionally men are the main source of income in the family while the woman is the housekeeper. Men worked outside for their economy and women living at home to do all the housework. Women are not allowed to make money, because men make it as property when they got married (Millet, 1970: 40). In a patriarchal system, men have full power to women so that they can do whatever it wants with his wife. Women economically dependent on her husband because they did not earn his money out of pain. According to De Beauvoir, regarded as a slave wife, while the husband is her master. This can lead to the occurrence of domestic violence (Beauvoir, 1989: xv). FIRST WAVE FEMINISM Feminist theory addresses two fundamental differences in the view of women and men. Expression of male-female differences in the biological aspects of the show as the essence of natural, innate. While expression masculine feminine is psychological and cultural aspects of difference (Megawangi, 2004: 184). Si mon de Beauvoir stated that in a patriarchal society, women are placed as the "Other", as second-class human beings, lower by nature (Selden, 1985: 137). Position as the "Other" affect all forms of social and cultural existence of women (Cavallaro, 2001: 202). Patriarchal society using a certain fact about the physiology of women and men as a basis to build a series of identity and masculine and feminine behaviors are enacted to empower men on one side and women on the other weakens. Patriarchal society convince themself that the construction of culture is "natural" and therefore "normality" depends on one's ability to demonstrate gender identity and behavior. This behavior is culturally associated with one's biological sex. Patriarchal society uses rigid gender roles to ensure women remain passive (loving, obedient, responsive to sympathy and approval, cheerful, kind, friendly) and men remain active (strong, aggressive, inquisitive, ambitious, full of plans, responsible, original, and competitive) Meanwhile, according to Millet, patriarchal ideology in academia, religious institutions, and family justify and affirm the subordination of women to men who lead for most women to internalize self to men (Millet, 1970:26). One way to understand the various dimensions of feminist theories and their theoretical approaches to understand patriarchy is to locate them within the broader philosophical and political perspectives that have been broadly classified as first, second and third feminism movement. This theory were categorize in three waves according to its concern about. First wave is concern about equality, second wave concern about the commitment of diversity, and third wave concern in diversity in specific normative. However, there are some ideological differences among the feminist groups, they are united in struggle against women inequality and hierarchical relationship between women and men. To be more focused on equality of women phenomenon, the first wave of this movement thought as the appropriate approach in analyzing this issue. The first wave of feminism took place in the late 19th and early 20th centuries, emerging out of an environment of urban industrialism and liberal, social politics. The goal of this wave was to open up opportunities for women, with a focus on suffrage.The feminist in this movement assumes that there is basically no difference between men and women. Therefore, women should have the same rights as men. Nevertheless, liberal feminists reject the overall equation between men and women. In some cases remain distinction (distinction) between men and women. However, the function of the female reproductive organs logical consequences in social life (Ratna Megawangi, 1999: 228). Mary Wollstonecraft is one of the pioneer for this movement. In her book Vindication of the Rights of Woman (1792) she talked about her life and personal significance as an icon of the women's movement. Wollstonecraft's was the first to issue an outspoken rallying cry to middle-classwomen, especially mothers, as major influences on society (Gamble, 2001:15). Her emphasis was on the need to make women rational. Far from portraying women as superior to men, Wollstonecraft wanted to raise their overall moral and intellectual stature to make them into more rational citizens. For the most part, she did not envisage their leaving the domesticsphere, nor did she ask for anything as radical as the vote. Even she accepted that women in middle-class would marry and remain at home, but she want every girls get same education as a purpose for their freedom and dignity rather than the ability to fascinate potential husband (Gamble, 2001:16). Not only Wollstonecraft who does not agree with this disproportion. Rosemarie Putnam Tong in her books "Feminist-Though: A More Comprehensive Introduction" imply that there is a restriction of women's activity and it cause they lack of power and knowledge so that they cannot develop themselves. DOMINATION REPRESENTED IN NOVEL The Arabian world are very thick by the influence of their culture either before or after Islam. Where both are directly or indirectly gave a special position for men rather than women. If the granting of this position was originally intended to separate human's daily task, but in fact this positioning has grown to become a leader and the led. Develop as the domination of one side to the other sides. Through this novel, this domination will be exposed as a reflection of the real condition in the country inside this novel. In this region Patriarchy ideology has been used as root for society structural in this region. This ideology still maintained in this modern era, make this ideology quite difficult to be changed or removed (Millet, 1970:40). Since their a little, boys and girl were already given an example by their parents behave, and when their already in their puberty time, they were thought how man and woman behave, and unconsciously differentiate them in two different position. As an example in this passage, 'When I got engaged, I knew nothing of men. Nothing of married life. I knew only my Parents. And what an example! All my dad cared about were his quails, his fighting quails! I often saw him kissing those quail but never my mother, nor us, his children. There were seven of us. Seven girls starved of affection (Rahimi, 2010:57). In this passage can be criticize that family is chief institution for this ideology to get developed. Family has huge contribution in strengthening this ideology. According to this passage, her family was the only example for her to understand about how is marriage life. Her father only care about his quails and never the girls and also her mother, but she never saw her mother complain about it. Made this situation seems normal and that how it was supposed to. Wife should not disturb her husband, especially complaining about what they do. Because wife's job only concern about their household and fulfill husband's satisfaction (Millet, 1970:40). Concerning about husband satisfaction, letting him do what they want to do can also meant as an effort in satisfying her husband and women is this family was supposed to be quite and submissively. In this group, women are defined as something odd, deviate from a prototype of human's body, physically passive and contain of emotional, different with man's body who have active and ably mind result a conclusion that women considered as a carrier for men's seed, so the real creator is the men (Millet, 1970:54) As what the author had been explained above, men is leader for women because God create them a little bit more than women, so they should follow their command. (Back to the passage 'Look, I breathe just like you! (Rahimi, 2008:7), and also in the passage "You know that I live only for you, at your side, by your breath" (Rahimi, 2010:9). Through those passage, women should follow their husband in every way. They led them in every case, metaphor with "breath" which can be meant that women should follow them in every way, and bow down to their rule (HR. Tirmidzi verse. 1159). Women must following the rhythm of their husband breath, walk inside their shadow, and hide behind their shoulders. It is also mean that men are take control of women's life. Mean have a charge to change the rhythm to their breath or even stop it when they want it, it is all their right, and women should follow them. No asking and complaining as can be seen in this part 'I hope you are able to think, to hear, to see…to see, and hear me…' (Rahimi, 2010: 52). This part can be used as a reflection that women in this society do not have a voice to deliver their feeling, never have a chance to be thought, and seen as the important subject. Those description can be used as the early indication about how men dominate women's life in this region especially in their marital section. Human in this region separated into two different world, women's world and men's world. As the author already said, men have their special world as a heritage from their culture and also their religion. Men in this regime do not have any straight boundaries. Start from how their outfit and also how they behave. Different with women which have to concern about what they do, and how they do it. Man created a little bit more. It can be seen with their muscle, where muscle is related with physically power, and finally spread in many aspect. In other hand, women who are created without muscle are directly related to the weakness and finally prison them in domestic job. The differences of their body led different attitude towards both. Women in this society who does not penis considered less than man is seen as the embracing one. Penis who located in outside seen as sign of autonomy and power, while women's genital are putted inside and hide (Beauvoir, 1989:18). As an example in this novel 'I was a piece of meat, into which you could stuff your dirty dick. (Rahimi, 2010:112). According to this passage penetrate woman also can be meant show their authority and power while woman only used as a bowl to put this power. According those explanation, women in this ideology were putted in inferior position which mean that they only putted in second class. Their existence indirectly eliminated in this regime. In order to keep maintain this existence patriarchy ideology woman only have one conditional, that is companied by her mahram, or husband (Beauvoir, 1989; 225). Patriarchal society provide scary threat for women who is living without men beside her. As can be seen in the page 17 in this novel, 'And you leaving him in this state? What about his children? And me? You can't, you can't, you've no right to leave us like this, without a man!' (Rahimi, 2010:17). In this passage, wife feels afraid if her husband died and let her alone. It is because she will be left alone, not only by her husband but also because of the society and her family. Hence, they should get married. Women in this ideology does not allowed to choose their husband. As can be seen in this monologue before her marriage, her mother-in-law came to her house and asked her to married her son (Rahimi, 2010:53). According this passage, women in this region do not have any right to choose their husband. Her father or family never asked about her opinion or her criteria about her ideal man, and accepted without slightest hesitation. In contrary, men can choose which one they want to get married. Married in this region also can be criticized as a transaction. They used Maharas a tool in this transaction, (Saadawi, 2001: 283) a transaction between abolishing family anxiety because of their virgin daughter and find the legality of fulfillment of lust. But if be observed further marriage can be said as announcement for their leadership, and independence for a man, different with the women. As the consequence, a virgin who agree to get married must throw their freedom and get ready of any rules that had been made by her husband. When a man had married they have a freedom in sexual intercourse that just being a story when they were teenagers. They also allowed to set up a small country named family that ultimately gave them a power. And women, unconsciously walk into a trap which restrictive their freedom as seen in this part, 'Three years! For three years I wasn't allowed to see my friend, or my family…It wasn't allowed to see my friends, or my family…it was considered proper for a young married virgin to spend time with other married women. Such rubbish! (Rahimi, 2010: 54). This passage can reflect the exile from the association in women side, different with man which does not any significance differences, or limitation of their association. Seems like marriage is also a way for them develop themselves about science and knowledge, as an example is a war. Commonly when a women marry because of arranged marriage, usually their marriage are not based on love. For woman in this ideology love is not always about feelings, but also about the commitment throughout body and soul unconditionally (Beauvoir, 1989:526). In fact love is very important for a woman, they can sacrifice anything while she did not realize that this feeling can make her suffering. Love can be illustrated as an essence of sexual oppression for women, because men can used it as cultural power to dominate women (firestone, 1972:121). As an example, when wife decided to accept her mother-in-law proposed "Who were you, really? No one knew. To all of us, you were just a title: the Hero! And like every hero, far away. Engagement to a hero was a lovely thing, for a seventeen- years-old girl. (Rahimi, 2010:54). She directly falling in love with someone that she never known before. The reason was because of he was a hero, and it was a lovely thing married with a hero. But in fact, this love unconsciously made her sacrifice her freedom, and prepare to be a slave for her husband. He use her love to satisfy her lust, to bear their child and to clean and prepare for their meal. Love beat the rational thought of women, it was realize that the bride got married without her groom presence, 'At the ceremony, you were present in the form a photo, and that wretched khanjar, which they put next to me in place of you' (Rahimi, 2010:54). In this snippet of her monologue can be interpret the importance of man in women life. Even they have to marry with a strange men, whom only known from his photograph. This stage of live can be said as the place where patriarchy is definitely felt by women. Men have huge chance in developing their self because the already have wife who will concern about the domestic job (Ghazali,IhyaUlum ad-Din, 1964:699). As reflected in this passage 'Did you think about us for even a second, when you shouldered that fucking Kalashnikov? You son of a…'.the word suppressed again. (Rahimi, 2010:14). This passage can reflect that husband only concern about his struggle toward his enemy. Totally concern about his war, without understand his family. He throw domestic responsibility to his wife, and use her natural fate as his justification. Women should run in her roles as a wife who must serve their husband, bear a child, and satisfied her husband in their bed. This ideology see everything including about women with the male point of view (Beauvoir, 1989:xx). By using men likeness or dislike, patriarchy ideology make rule and prison them under men feet. As can be seen in this passage, It was not considered proper for a young married virgin to spend time with other married women, (Rahimi, 2010:54). Based on the passage above, woman could not see her friend or more is gossiping about many thing. Gossiping is not allowed in Taliban regime, because they see it as something useful. But if it see deeper, they are not allowed to see their friend especially among marriage woman because they afraid of being betrayed. Men never directly deliver this fears, they hide it hereditary. That is why they used this banning as law in their family. They use women's fear to control their behavior. And women who hereditary not rewarded by any right against her husband, do not have any effort except silent and following their command. Beside become the follower for the men, this region also put woman as place for bearing a child. This society make that women should birth a child, because it is their natural faith, and with that you will be the perfect women. So, it will be a huge problem if woman is infertile, they will be seen as imperfect or unideal woman because she cannot fulfill her nature destiny as a mother, she face divorce threat, and get low view from her society. As can be seen in aunt character. She got divorce because she cannot bear a child, and finally get exiled by her family. Society unilaterally blame her without care with her feeling and sadness because she cannot perfect as a woman. Different in man sides. If woman have their infertile problem, man will feel ashamed if he is impotence. But through this novel, it is not a big deal for men because the society seems like protect them for their weakness. In this novel there is a big secret that had been hidden since their marriage, the secret that only known by wife and her mother in–law. Start from her mother in-law unilateral decision that she was barren, 'Your mother had decided I was barren, and kept hassling me all the time' (Rahimi, 2010:65). From this part it can be used as an identification that in this region woman is the most important part in bearing a child, without care that woman also need man so they can bear a child. They blame all in woman shoulder, and try to find a solution as an interest of a descendant. And polygamy is the able solution for this case. Polygamy is allowed by the religion and of course make man have a big smile because of this policy. As reflected in the passage 'Your mother was dying to see you to take a second wife' (Rahmi, 2010:66). Based on this monologue, her mother in-law only concern about the real function of woman as a child bearing rather than a human. However unexpected situation came up and reveal that her husband is the infertile one. 'Because that child was not yours!' She falls silent, impatient to see her man finally crack. (Rahimi, 2010:131), 'Yes my sang-e sabur, those two girls are not yours! 'She sits up. 'And do you know why? Because you were the infertile one. Not me!' (Rahimi, 2010:132). The fact is, now they have two beautiful daughters and they are their real parent. Nobody know the secret except those women. Seems like everything was fine, and they can fulfill their natural fate. But if it is seen deeper, they create this scenario in order to keep save a husband. After her mother in-law knew that hers son is the weakness son, she did something that is contrary with her religion. She sent her to a Hakim, a kind of shaman until she is going to pregnant, as reflected in this passage 'She spent a lot of cash that day, I can tell you. And then I visited the Hakim several times, until I feel pregnant. As if by magic! But you know what, that Hakim was just my aunt's pimp. He mated me with a guy they had blindfolded '(Rahimi, 2010:132). The mother-in-law was willing to do anything for saving her son from bad view of social groups even she have to turn aside from her religion. In contrary with wife's aunt, because she is the infertile one, her family never look for a solution to save her, but they directly throw her from her family and forget about her. From those example can be criticize that society give a huge tolerant for men, gave more privilege to be understanding for their weakness. Hereditary it is done by the society. Give men some privilege either it is openly such as polygamy or closely by protecting their weakness. By sacrificing women's feeling. This condition finally raised women's anxiety for her husband satisfaction. According to this passage 'Although it often seemed to me that you weren't satisfied. And then I would guilty. I told myself that it was my fault, that I didn't know how to do it right. (Rahimi, 2010:105). According to this passage, wife feels guilty because of she believe that she cannot satisfied her husband. It was her fault because she believe that it was her duty as a field for her husband. Lacking of sexual knowledge make her blame herself (Saadawi, 2001:295). But after have several sexual intercourse she realize that it was her husband weakness, 'After a year, I discovered that actually, it was all coming from you, you gave nothing. Nothing' (Rahimi, 2010:105). Now he can find her husband weakness, but because of her position as woman which is does not have any voice, make her only keep inside her mouth. In sexual intercourse, although it was done by two subjects but in fact man is taking control for any movement or position in this intercourse. It because man is a leader for woman according to the religion. State by Al-Hasan an Islamic scholar in Saadawi's book state that man does not allowed to fulfill his woman command because he will throw into hell in the judgment day (Saadawi, 2001:286).In this monologue "If I'd asked all that to you…my God! I'd have got a broken nose! And yet it's not difficult…you just have to listen to your body. But you never listened to it (Rahimi, 2010:111). A woman can't make a favor though is aimed for their satisfaction. Women only follow the men, but in the end blame themselves if the husband feel unsatisfied in this intercourse. If in their personal intercourse, women must keep silent how about their daily live. Monologue above can used as the example that women in this region are completely silent. They feel afraid because they will get a punishment because of their favor. Men are allowed to beat their wife after they do advise and forsake them from bed. But in fact, for any reason that make her husband angry, he will directly beat them. As an example in this monologue, 'He beat up my mother, my sister and me, because we hadn't kept watch over his quail' (Rahimi, 2010:60). Her father beat them without clear reason. Because of he cannot find his quail make him angry and find an impingement. It is can be seen that his father forget about several steps before beating her wife, he only see "beat" word which is mean it was legally done by any chance. From those example above women in this region had already knew that marriage is not always beautiful like what they thought. But because of they live in patriarchy circle which put men as the central part make women in this region, completely need men. It would really frighten for a woman living without a man beside her, although it was just a name. In this novel wife only live with her husband name for three years, she must deal with her husband absence as a consequence having a hero husband. But it is fine for her, because she now has a man beside her, have somebody who is believed as her guardian, give her a distance as an accusation of temptation carrier. But when the husband back in a dying state and his wife, are required to maintain him, she still afraid of her society view, especially threat of widowed. In her monologue she stated 'She stands up. 'Even injured, you've been spared suffering' (Rahimi, 2010: 21). It can interpret even her husband lay down, suffering because of the shot, he never feel suffer because all of social cruelty come to her. She is afraid if her husband died brother in-law will come and harassing her. Afraid for become a widow and get exiled from her family. In other words it can be inferred that marriage is very important for a woman in compare man. Without marriage, which also mean that there is no man beside her, woman cannot retain their existence as part of their society. Excommunicated by the negative view about woman that hereditary this society inherited either from their religion and cultural background. Without marriage they will be seen as a devil with the temptation inside it. The devil who can bring trouble for their family and society. Always seen as the imperfect creature, which full of dirt and irrational emotion. CONFESSION WITHOUT BORDERS AGAINST DISPROPORTION Essentially, gender differences are not a problem as long as this difference create discriminative for one sides. There is a significance differences of the rights between women and men in this patriarchal world. Men are placed as the central, leader, and finally named as "The self"' while women who is seen physically weakness later differentiate as "the other" (Selden, 1985:137). As can be seen in this quotation, "There were seven of us. Seven girls starved of affection" (Rahimi, 2010:57). In this quotation, this girls feel starving of affection, although they have complete family. By using Selden's quotation above, seven of them feels less of affection because they do not get a figure of a father, in other hand their father only concern about his quail, and love it more than his family. This cold attitude can be seen as a disappointed feeling because they do not have a son, a son that can be a symbol of power, and heir his leadership. In other word, he see women as the unimportant one. As a formed of this disappointed, he use a quail. A quail is better than women, at least his quail can won and be a subject that he can proud of. In this regime, women in this region is not more meaningful rather than a display, 'She is still laughing. 'That story is so true. "You men! As soon have you have guns, you forget your women." (Rahimi, 2010:57), same like the theory about "women as the other". According this quotation, women are alienate with inanimate object or this inanimate is more prestigious than a women. When she speak about it she is laughing, this laugh can be seen as an expression that she has same level with that thing. But she cannot do anything against this attitude, except smile as her laugh at her sex bad destiny. Since in childhood she always alienate with inanimate, either with quail or a gun the positioning of women as "the other" has been tough since their childhood (Nunuk, 2004:76), so that they will adapt and unconsciously get usual with this called. According this situation it also can be imply that Family played a major role in this believed (Millet, 1970:26), parents become main teacher of this situation, especially mother who is seen as the real example for her daughter. In this region, where women performed as en-soi(Being-in-itself), while men performed as pour-soi(Being-for-itself) (Tong, 1998:181) will attempt to free from men's pressure. This is how was the normal human will struggle when they were in huge pressure. 'At that time, I was only ten …no…'She thinks about it. 'Yes, ten years old. I was scared. Scared that I too would become the stakes of a bet. So, do you know what I did with the quail?' She pauses a moment. It is unclear whether this is to make her story more exciting, or because she is afraid to reveal the next part (Rahimi, 2010:59).She was afraid, a quail is a danger for her. If it was lose, she will sent to live with a man like what happened with her sister. So, she will do anything to eliminate this danger. According this passage, there is a power inside this women's silence. She eliminate the quail to keep save, hope that by killed that bird she will not be used as bet. Using theory from Sartre, when there is a subject trying to free itself from the other, there is another subject who want to enslave it (Sartre, 1956:362). When her father trying to enslave her by using her as a bet, or beat her when he lose he find a way to free from him, that is by killed his bird. Started from this step, she finds a way to still save. And when she had enough to marry, she choose it as a solution for her to free from his father, but in fact after she got married, her husband enslave her. He put her as place to fulfill his sexual and also rearing a child. In other word it can be conclude that marriage is not a place to get a freedom, it is a form of slavery (Beauvoir, 1989:500). It is ultimately wrong if this society put women as the weak and fool creature only by using the weakness of their body. Because of they do not have a muscle and penis which always as a form of power because it penetrate women, does not mean that they are fool (Beauvoir, 1989:41). It is not enough use their body as the reason to put them as the inferior one. In those quotation we can see how women ability in order to protect themselves and the people she loves. She was lying, but it is work. She did keep her husband alive from the other shoot which directly kill him. She use her brain, her ability, her experience, and also the society norm to fight back. So it can be conclude that woman is not the other because of their lack of penis, but because of their lack of power,( Beauvoir, 1989:55), or it is also can be said that they were not allowed to get this power. In other word, if women put in same position with men, they would develop the same character (Wollstonecraft, 1975:23). But because of this society hereditary thought that women is lower than men, makes them deny their ability, which finally force them to keep silence, and killed their self-development. From this confession, she hide the fact, she did not want people to know about this, because she would be seen as a demon. So she kept silence, keep hide her power but indirectly she still use it to save her. But unconsciously she confess to her husband while he was lying powerless. Make her afraid if her husband hear it and finally beat her without understanding what will happened to her if this quail still alive. So it can conclude, because of this society treatment, who only blame women and hereditary this sex with the foulness of Eve (Saadawi, 2001: 278), they must hide it. Even use these weapons are not because they want to fight against their husband, but they use it in order to keep them save. Psychology and biological differences in the most contribute aspect in this disproportion. Men with their sperm give a life for the wife with their egg inside (Beauvoir, 1974:24), so it can be conclude that women is place while men is the real creature. CONCLUSION Live in patriarchy circle, make this women cannot do anything they want. As had been explain by the Beauvoir, women in this circle putted as passive, and submissive. Because of they are the weakness they need the superiority one to keep them as a part of this society. In other word, they need marriage to keep save inside this circle. In this region marriage can be seen as turning point that bestows prestige, recognition, and societal approval on both partners, particularly the bride. It also can be said as a social and economic contract between two families. But in other hand, marriage in this region is a new beginning of slavery that will happened to women. They have to sacrifice their freedom and concern about their household, but for men side marriage is a declaration for their leadership. And finally make them can be more focus in their self-development. Marriage is a form of slavery in all aspect related to women's body and sexuality including blood inside them. This research reveal the importance of virginity blood that is so important for women as its used as a proved that they can keep their dignity, and it is also make them as the ideal women that deserve to be married, contrary with menstruation blood which drop them in the lowest point as a women. It is happened because this society see menstruation blood as a dirt according by their holly book in verse 2:222. This research also reveal the differences treatment between a virgin and a widow. By using Saadawi's statement, based on the knowledge, this society limited virgin knowledge about sexuality, and widow is putted in bottom position as seen as the embracing one. This effort is taken as a way to protect men from their virility problem. So, it can be conclude that this society is more tolerant to men rather than to women. The Second statement of problem is the confession of women voiced by wife character in this novel. She reveal the real condition caused by the pressure that the society gave to her sex. Inside this confession, she deliver the disproportion that she gave in order to save her husband. As had been explained by Putnam Tong, this confession explicitly imply that she was created inside a men (en-soi), hide inside their body and shadow while men was created for their own self (pour-soi). This society believed that it was a natural faith that women must sacrifice themselves, and also follow what the leader had been said. But even it was already thought as their norm since their childhood, by using her confession this research reveal that they do not accept it totally. By using her husband dying body confess all her depress and her disappointed to her world. According her monologue, there are senses of hatred, insult, and harassment that happened to this woman, that make her angry and hate them. But because of the society will gave worse punishment to the women who against her husband who also seen as the rebellion, she only keep silence, but inside this silence she struggling by using her innocence, sexual and temptation . But this struggling is more to protect herself rather than fight back to her husband. Finally this confession make her realize what happened to her, how her society was being unfair to her. The accumulation of these unfair treatment make finally fight back and finally kill her husband by a Khanjar. REFERENCES Abrams, Meyer. H. 1971. The Mirror and The Lamp: Romantic Theory and The Critical Tradition. London: Oxford University Press. Rahimi, Atiq. 2010. The Patient Stone. London: Chatto&Windus.New Burke, Edmund. 1999. The social History of the Modern Middle East. Colorado:Westview Press. Millet, Kate. 1970. Sexual Politics, New York: Doubleday. Beauvoir, De. 1989. The Second Sex. New York: Vintage Books Shulamith, Firestone. 1972. The dialectic of sex, the case for feminist revolution. USA: William Morrow and company Inc. Gamble, Sarah. 2006. The Routlege Companion to Feminism and Post Feminism. New York. Routlege. Saadawi, El-Nawal. 2001. PerempuanDalamBudayaPatriarki. Yogyakarta: PustakaBelajar Mernissi, Fatima. 1999. PemberontakanWanita: PeranIntelektualKaumWanitaDalamSejarah Muslim. Yogyakarta: Mizan. Gorsky, Susan Robinov. 1992. Feminity to Feminism: Women and Literature in the Nineteenth Century, New York: Twayne Publisher. Tong, Putnam. 1998. Feminist Thought: A more Comprehensive Introduction. Colorado: Westview Press. Sumbulah, Umi. 2008. Spektrum Gender, KilasanInsklusi Gender di PerguruanTinggi. Malang: UIN. ARTICLE SOURCE MARRIAGE IN THE ARAB WORLD by Hoda Rashad, Magued Osman, and FarzanehRoudi-Fahimi INTERNET SOURCES www.mtholyoke.edu/-macne. www.Astyariah.com/godaan-dunia-dan-wanita.html.
YOL. XII NO. 1 MARCH, 1903 The Gettysburg ODereary GETTYSBURG COLLEGE GETTYSBURG, PA. T r PATRONIZE OUR ADVERTISERS ! Good Work Low Prices Publishers ol THE GETTYSBURG NEWS 142 Carlisle St., Gettysburg, Pa. JUBEIEIItf LITTLE, LTD. AMOS ECKERT Latest Styles in HATS, SHOES AND GENT'S FURNISHING .Our specialty. WALK-OVER SHOE AMOS ECKERT Prices always right The Lutheran puM$jing {lou£e". No. 1424 Arch Street PHILADELPHIA, PA. Acknowledged Headquarters for anything and everything in the way of Books for Churches, Col-leges, Families and Schools, and literature for Sunday Schools. PLEASE REMEMBER That by sending your orders to us you help build up and devel-op one of the church institutions with pecuniary advantage to yourself. Address H. S. BONER, Supt. PATRONIZE OUR ADVERTIZERS. FURNITURE Mattresses, Bed Springs, Iron Beds, Picture Frames, Repair Work done promptly. Under-taking a specialty. * Telephone No. 97. X3Z_ IE. Eem-d-er 37 Baltimore St., Gettysburg, Pa. THE STEWART & STEEN CO. College Engravers cond (Printers 1024 Arch St., Philadelphia, Pa. MAKERS AND PUBLISHERS OF Commencement, Class Day Invitations and Programs, Class Pins and Buttons in Gold and Other Metals, Wedding Invitations and Announcements, At Home Cards, Reception Cards and Visiting Cards, Visiting Cards—Plate and 50 cards, 75 cents. Special Discount to Students. N. A. YEANY, Gettysburg College Representative. 4. §. (Spalding £ §ros., Largest Manufacturers in the World of Official Athletic Supplies. Base Ball Lawn Tennis Golf Field Hockey Official JUMetic Implements. Spalding's Catalogue of Athletic Sports Mailed Free to any Address. A. G. Spalding & Bros. NEW YORK - . CHICAGO - - DENVER - - BUFFALO - - BALTIMORE THESE FIRMS ARE O. K. PATRONIZE THEM. DO YOU KNOW WHERE The Choicest Candies, The Finest Soda Water, The Largest Oysters, The Best Ice Cream, Can be found in town? Yes, at Young's Confectionary On Chambersburg Street, near City Hotel, Gettysburg, Pa. IF YOU CALL OH" C. A. Bloeher, JemeleF, Centre Square, He can serve you in anything you may want in REPAIRING or JEWELRY. SEFTON & FLEMMING'S LIVERY Baltimore Street, First Square, Gettysburg, Pa. Competent Guides for all parts of the Battlefield. Arrangements by telegram or letter. Lock Box 257. I I. MUMPER. 41 Baltimore St., Gettysburg, Pa. The improvements to our Studio have proven a perfect success and we are now better prepared than ever to give you satisfactory work. -*■ ■*-—-"' "At" THE GETTYSBURG MERCURY. J old man lifted her up, As they both stood gazing on the white form below, Whitman said to the child : "You do not under-stand this, my dear, do you?" "No," said the child. "Neither do I, neither do I," was the answer. He loved to contemplate the questions!"children would ask. "A child said, What is the grass ? fetching it to me with full hands ; How could I answer the child ? I do not know what it is any more than he. I guess it must be the flag of my disposition, out of hopeful green stuff woven. Or I guess it is the handcherchief of the Lord, A scented gift and remembrancer designedly droppt, Bearing the owner's name someway in the corners, that we may see and remark and say, Whose ?" When he was too ill to leave his room he wanted his friends continually by his side. Whitman died March 26, 1902, and his funeral was wholly without parallel in this country. It was attended by thous-ands, yet not so much a funeral as a merry-making; not a tear fell, bright and happy were the faces. They did not rejoice in his death, but were glad that he had lived. Walt Whitman enjoyed a popularity abroad equal only to that of Longfellow. Here his popularity is intermittent, Long-fellow's constant. Whether he will be generally read, time alone will tell. Some will be repelled by the lack of rhyme and rhythm. But give his poems that excellence, you take away the force, you take away the man, and we care for rhyme and rhythm not more than for Whitman himself. His admirers have called him the American Homer ; others, Hesiod teaching us "Works and Days." There is somewhat of the Greek in Whitman, yet not the Greek of Homer nor yet the Greek of Hesiod, for he was as in-capable of pessimism as Hesiod was of optimism. He is our American Rhapsodist singing the songs of Man, of Nature and Life, of Home—a genius, let us take him as he is. THE GETTYSBURG MERCURY. THE ELECTRA OF SOPHOCLES. M. ADA MCLINN, '04. THE Greek poet Sophocles was called "The Bee" among his contemporaries because of the sweetness and smoothness of his verse. From such a writer we should expect a well-written play; and our loftiest expectations are realized after a study of his Electra. This tragic drama deals with the ill-fated house of Atreus. Agamemnon, a descendant of this house, upon his return from the Trojan war in which he commanded the Greeks, was treacherously slain by his wife Clytemnaestra with the aid of her paramour Aegisthus. Her son Orestes was also to be dispatched by some underhand means, but he is rescued by his sister Electra, who, after caring for him for many years, sends him to the court of Strophius of Phokis. He afterward visits the oracle of Apollo, where he is commanded to avenge his father's death. Both Electra and Orestes make this revenge the one aim and purpose of their lives. The story opens eight years after Agamemnon's death. Orestes has returned with his attendant to his native land. While at his uncle's court, he formed a fast friendship with his cousin Pylades and it is with his advice that all plans for ven-geance are formed. The morning has dawned bright and joyous and with it dawns a new hope. Orestes is roused to cany out the oracle's command—■ That he himself unarmed with shield or host Should subtly work the righteous deed of blood. The deed is to be carried out by strategy. News of his death will be carried to the palace, thus giving Clytemnaestra and Aegisthus a sense of freedom from their constant fear of Ores-tes; then, off their guard, they will be slain. The play naturally divides itself into four parts : First—The return of Orestes and the formation of a plan for executing vengeance. This plan forms the key-note of the play. THE GETTYSBURG MERCURY. 9 Second—The appearance of Electra before the palace, her outpouring of grief, the sympathetic answers from the chorus, the appearance of Chrysothemis, a younger sister, with offerings from Clytemnaestra for Agamemnon's grave to propitiate the dream which she had received, Electra's persuasions resulting in Chrysothemis' pouring libations on the grave with prayers for Orestes' return, Clytemnaestra's appearance and her bitter reproaches against Electra, the arrival of the messenger telling of Orestes' death, over which Electra is cast down to the depths of despair and Clytemnaestra raised to a corresponding height of joy, Chrysothemis' second appearance telling of Orestes' visit to Agamemnon's grave and of his offerings upon it, Electra's refutation of this by the news of Orestes' death, the coming of two messengers bearing the urn containing Orestes' ashes; this may be called the elaboration in preparation for the catastrophe. Third—The recognition of Orestes and Electra upon his revealing his identity, their joy in meeting and their discussion of vengeance. Fourth—The conspiracy against Clytemnaestra and Aegis-thus resulting in their death, thus freeing the house of Atreus from its curse as expressed in the closing lines of the chorus: O seed of Atreus, after many woes, Thou hast come forth, thy freedom hardly won, By this emprise made perfect ! The play throughout is characterized by great feeling. The plot is so well carried out that the interest of the reader is con-stantly sustained. There are some phases of the play which call forth our in-dignation; for example—Clytemnaestra's hatred of her son and daughter, her joy over the announcement of her son, Orestes' death, Electra's life-consuming passion for revenge, her seem-ing delight and satisfaction when the murder of her mother and Aegisthus takes place, and Orestes' performance of the murder; but the Greek idea of vengeance was that of a relig-ious duty and a man received commendation for executing it. IO THE GETTYSBURG MERCURY. The heroine and strongest character of the play is Electra. For force of will, persistence of purpose, and thirst for ven-geance she has not been surpassed among womankind. Yet counterbalancing the sterner side of her nature is her tender care of Orestes when he was a child, her love towards him, her great joy at meeting him, and her pleasure upon recognizing the faithful old pedagogue. Her tendency to extremes of despair and joy is shown in the following lines: and "Ah me ! I perish utterly. All is lost !" 'O blessed light! O voice ! And art thou come?" The former, uttered when she thought Orestes dead; the latter when she recognizes his living presence. Sophocles thoroughly understands the art of making his readers acquainted with his characters. One feels as if he were living with them. When Electra is sad, we are sad, and we sympathize with her as did the chorus. Her lot was indeed a hard one. For those many years she had waited for the exe-cution of vengeance, while, in the mean time, she had to live in the same building with those whom she despised, to see Aegisthus established in her father's place, and, to all appear-ances, prosperous and happy, to be deserted by all friends, and at last to hear of the death of Orestes, the one in whom she centred all her hopes. Still with a courageous spirit, she sug-gests to Chrysothemis that they together do the deed. Orestes enters the play as a means for revenge. The interest is so constantly with Electra that one is interested in him only in his connection with Electra and in his fulfilment of her wishes. He shows an obedient spirit in his regard for the pedagogue's advice and a stern sense of religious duty in his regard for the oracle's command. His love and compassion for his sister in her neglected condition is expressed between the lines, as it were, in these words of recognition: "Is this Electra's noble form I see? Alas, alas, for this sad lot of thine !" . r THE GETTYSBURG MERCURY. II In the same degree that we sympathized with Electra, we hate Clytemnaestra. Her heart is black and sinful and in all her words we must condemn her. She appears specially obnoxious when she receives the news of Orestes' death, and how we must loathe the feeling of satis-faction she exhibits when she says: "Now, for all her threats, We shall live on and pass our days in peace." With the same feeling of detestation we regard Aegisthus and we give our assent when his murder takes place. The irony of the conclusion is fine. We can feel it in all that is said and done. Sophocles has fairly painted before our eyes the picture of the scenes. For example, when Aegisthus removes the cloth from the face of Orestes, as he supposed, and finds Clytemnaestra, his wife, dead and cold, we can hear him say: "Oh, what sight is this?" Chrysothemis, the sister of Orestes and Electra, is a minor character, introduced to bring out by contrast with her weak-ness the great strength of Electra's character. The play contains many fine monologues. The attendant's description of the chariot-race is so real that one can see the contestants as: "With sound of brazen triumph, They started. Cheering all their steeds At once, they shook the reins, and then, The course was filled with all the clash and din Of rattling chariots, and the dust rose high ; And all commingled, sparing not the good, That each might pass his neighbor's axle-trees, And horses' hot hard breathing," The gods are clearly recognized but are kept in the back-ground. They control the acts of men, and great confidence is placed in them as shown in the words of the chorus: "Take heart, my child, take heart; Mighty in heaven he dwells, Zeus, seeing, guiding all." 12 THE GETTYSBURG MERCURY. THE EVOLUTION OF PERSONALITY. E. B. HAY, '03. HAVE you ever stopped, in the turmoil of your busy life long enough to think that you are a person: that is( I mean—to realize that you are more than an individual, a mere unit among the myriads of humanity ; that, on the other hand, you are unique, no other being has been just like you, and all eternity will fail to reproduce your personality ? If you have ever meditated thus, or if you have attempted to solve the question : What is implied by the word personality ? you have doubtless been staggered by the immensity of the problem before you. There are terrestrial bodies of water which have never been fathomed. Men have been able to obtain some idea of their great depth, however, by the very futility of their attempts to gain more exact knowledge. So, in our consideration of per-sonality, we may but hope to sound its depths for a further rev-elation of their vastness. It is not my intention to trace out the lines of distinction in personalities which lead to the many interesting variations among humanity; but, to present an outline,in accordance with modern scientific views, of the vast movement through which an unceasing energy has evolved from an original chaos the complexity of system to which we to-day give the name of petsotiality. We cannot but approach our discussion in reverence, realiz-ing that none but the great Creator and Preserver of this mighty universe knows, or perhaps ever will know the exact course through which a terrestrial being, man, came to be but a little lower than the angels, "to have dominion over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth." "Man proposes, but God disposes." God has disposed, and now man would propose. Made in the image of his Creator, man seeks to understand the divine plan. He would study and interpret the laws of God. THE GETTYSBURG MERCURY. 13 As the finite cannot comprehend the infinite, so can man, of himself, never reach a perfect solution ol the methods and laws of his Creator. One law, that of his own heredity, has, how-ever, long been of paramount interest to man, and more es-pecially to the inquisitive Aryan. Theory upon theory has been advanced and accepted. Each has its flaws and breaks of evidence. Any discussion of our topic, however, must be based upon some one of these theories, and so I have chosen the great generalization of to-day's scientific thought; namely, "the genetic unity and unbroken development of the whole realm of nature, to which we also belong." Scientists tell us that organic and inorganic forms were orig-inally one.the organicbeingahigher development of the inorganic. They further make mind the consummate flower of organic life. Hence we would complete the vast development of nature in the final fruitage of personality, saying with Drummond that "to withdraw continuity from the universe would be the same as to withdraw reason from an individual." In the first place, we shall trace a development from an original unity of matter to a separation of i?idividual iorms ; in the second, an advance in these individual forms from their primal simplicity to a marked complexity ; and finally, we shall attempt to show that the consummation of the universal im-pulse to.individualization is personality. Consider, then, a period probably thousands of millions of years ago, when space was occupied by a diffused nebulous material, where the ultimate atoms were the only definite struc-tures. Out of this seemingly infinite and formless deep the nebulae settle into various individual aggregations. The move-ment is universal, and as this primitive matter assumes individ-ual forms it also takes on certain functions, and gradually great solar systems evolve. Our own earth, a vast whirling mass of nebulous matter, gradually contracts and assumes still more complicated functions as it falls into motion about a similar though much larger aggregation of matter. Turning our atten-tion now solely to our own sphere and passing by ages in its formation, we reach the highest form of distinctive character in 14 THE GETTYSBURG MERCURY. its inorganic development when the crystal first makes its ap-pearance. Now, we first have a clear and substantial prophesy of those higher forms of individuality which are to follow. Each crystal has a well defined and a generally symmetrical form. Under the action of the crystalizing force, it may take up new materials and rebuild itself, a property commonly at-tributed only to organic forms. But who shall trace further the course from the greatest in the kingdom of the inorganic to the least in the kingdom of the organic ? Indeed La Conte tells us that "conditions necessary for so extraordinary a change could hardly be expected to occur but once in the history of the earth." Thus far, we have traced a great impulse leading from unity to individual forms; now, we would look at the more complex outgrowth as we find individuality developed by the throb of life. Following nature then in her continuous course, which we may so nearly yet not clearly establish at this point, we note that she starts on her more perfect individualization by the forming of a cell. Now, for the first time, a formation of na-ture has the capacity to perpetuate itself. Too much stress cannot be laid upon this advance from, or as scientists would say, through the inorganic to organic forms, in nature's develop-ment towards the more complex existence. The fundamental properties of life, assimilation, growth and reproduction, are now active, and it is but a question of time till these cells multiply and are organized under different environments into the intri-cate forms of plant and animal life. The next great step in the evolution of complex individuality is achieved in the gain of sentient power. It were indeed a difficult task to form any sharp distinction between the awaken-ing animal sentiency and the sensitiveness of some plants. But, in the animal world we find sensitiveness specialized and developed in and with more or less acute nervous organization to the resultant varying degrees of animal intelligence. From the lower forms of animal life, where nature seems to care not for the individual but only for the species, we find her interest THE GETTYSBURG MERCURY. 15 apparently increasing with the advance in sentiency. All things seem to work together for good to the individual, as we ascend the scale of animal intelligence. And finally, after a seeming perfection has been reached in the physical organiza-tion of the individual, this sentient energy continues to advance and develop in complexity. But, now having considered two phases of the vast move-ment to individuality, you may wonder what all this has to do with personality. It will have either little or much to do, ac-cording as we accept the "supernatural descent of mind into matter, or the theory of its natural ascent through the develop-ment of matter." Incidentally, I may say, that though in some circles the Creator is still grudged his own universe, yet, the thoughtful naturalist finds as much manifestation of divine power and wisdom in the controlling and gradual evolution of forces, as in their terrestrial introduction by special creative acts, breaking in upon the continuity of the universe. If we accept the modern scientific hypothesis of evolution, the steps just traced are of vital importance. For somewhere in this great movement toward the perfection of individual types, must have gradually evolved a part so far transcending "dying nature's earth and lime" as to admit of no comparison or analogy with this baser foil of its glory. In the words of Newman Smyth, the scientist regards personality as "a specialization of a spirit-ual element and energy which was in the beginning and which has ever been pressing to revelation throughout the whole evolution." So, rather than pick up an uncertain thread from its midst, we have traced from the beginning this vast process of the ages, this propagation of a mighty impulse, to its con-summation in personality. What an elevated position do we, then, as persons, hold in this grand upward moyement through formative cycles ! For, "now are we the sons of God, and it doth not yet appear what we shall be." Who can believe that this implanted image of the Creator shall be consigned eternally to its native dust, or who shall say that the travail of the ages has been for a be-ing whose days are as the grass, as a flower of the field ? ■ *fl! 16 THE GETTYSBURG MERCURY'. Shall the dissolution of our earthy frame, which has long since become subject to the higher power within, mean the cessation of the mighty evolution, which has made us persons, or shall we not, giving dust to dust, free these personalities from every weight which doth so easily beset them, and continue the "rand march of time amid celestial harmonies ? THE PHILOSOPHERS. They are presumptuous systems that we raise To compass life's last miracle and frame The glory with its source, forging a name Exhaustive of the meaning of our days. Is there no peace among sweet finite ways— No rest forever from the inward flame Of troubled question over chance or aim, Real and unreal, and what's to blame or praise ? Can we not wait, patient with life'awhile, Somewhat content to speak the given word, Go the appointed way, and ask no more— Then, if the work be done, with quiet smile, When in our darkened house the voice is heard, Pass silently with Death through the last door?—Ex. ' ■ ' *ft-lm't *-. THE GETTYSBURG MERCURY. 17 A CHARACTER SKETCH OF CECIL RHODES. ABDKI. R. WENTZ, '04. ALMOST a year has elapsed since the death of Cecil Rhodes, familiarly known as the South African "Colos-sus," and the press has not yet ceased to publish discussions of the man's character. Few had more zealous friends; none have had more bitter enemies. And yet his most devoted friends found in his character some undesirable traits, and his most positive enemies recognized some merit. It will be in-teresting, therefore, to attempt to understand his real character and to ascertain the moral of his marvelous career. Cecil Rhodes was born in 1853, in Hertfordshire, England, in the impecunious condition of the younger son of a country parson. He was unaided by birth, fortune, or any other outside agency. From his parents he received no position, no money, nothing except clean and gentle breeding. His early life at home and at grammar school afforded no indication of genius. It was intended that he should enter the ministry and so he was sent to Oxford University. But a decline in health was soon noticed and his physicians confidently foretold his death of con-sumption. In the hope of prolonging his life for a few years he went to South Africa where his older brother was living. For a while he assisted his brother in diamond-digging, but he soon went into the industry for himself and great success attended him. In the meantime his health was greatly im-proved by the pure, dry air of the African veldt and he was able, both financially and physically, to return to Oxford during the dry summer months and continue his course of study. This he did year by year, always returning to South Africa in the Fall, and finally in 1881, nine years after he had matricu-lated, he was graduated from the University. By this time he had laid the foundation for a large fortune in South Africa. He succeeded in having the law repealed which provided that one person could hold only one diamond claim. The new law permitted a man to hold ten claims, and it was soon discovered 18 THE GETTYSBURG MERCURY. that Rhodes held ten. This new law was also repealed after a short time. Then began the speculation in buying and selling claims, and presently he found himself one of three interests con-trolling the entire diamond field. And this number soon dimin-ished to two. Then came the amalgamation, with Cecil Rhodes as the amalgamator, and the colossal De Beers Diamond Min-ing Company as the product. By this he was enabled to create a monopoly, control the diamond market, and amass his millions. In this respect he was the forerunner of J. P. Mor-gan. The next step in his wonderful career was to enter the Parliament of Cape Colony. He soon became the most pow-erful man in the politics of South Africa; and this distinction he continued to enjoy until his death on March 26, last. In order to understand the motive which actuated his won-derful career it may be well to consider for a moment the course of reasoning by which he determined what should be the aim of his life. In the course of his studies in Greek at Oxford University he chanced upon Aristotle's definition of virtue as the "highest activity of the soul living for the highest object in. a perfect life." This he interpreted to mean that every person should have an object in life sufficiently lofty to make it worth while to spend a lifetime in the endeavor to ob-tain it. The object had not yet been determined in his own life, and so he began to reason with himself in the endeavor to find the aim sufficiently lofty to justify him in dedicating his life to it. First he considered the matter of accumulating wealth. But what is wealth ? From the experience of the men about him who had made the amassing of wealth the chief aim of their lives he concluded that wealth as an end in itself was only a source of care and anxiety. People spend part of their lives in making money and the rest in taking care of it. This, Rhodes decided, could not by any means justify the expendi-ture of one's life. Then he considered politics. But what is the highest round in the political ladder? In his case it was the premiership of Cape Colony. And what sort of life is that of a premier ? Now THE GETTYSBURG MERCURY. 19 in office and now out; constantly dependent upon the good will of the voters. Surely, this was not the proper goal for his life. Then he turned to religion. He had always admired the career of Ignatius Loyola. But then Rhodes felt that he could scarcely accept any religious creed. Every excavation in Pal-estine revealed some new fact which to him seemed to prove the Bible untrue. The Catholic beliefs came nearest to his, but he was sure there was no hell, and how then could he devote his life to serving the Catholic Church ? So he concluded that religion was not to be the field of his life work. Then he went deeper. In religious views he was decidedly agnostic. He always held that there was a 50-per-cent chance that there is a God. So he continued his reasoning thus: "If there be a God, of which there is 50-per cent chance, it is all-important that I should do what he would have me do." Then again, "If there be a God, and if he is concerned at all about what I do, it is safe to say that he would have me do what he himself is doing, to propagate his own work." From this arose the question, "What is God doing ?" Then he set about discovering the divine plan. In the first place the divine plan whatever it is must be universal. God cares for all. Whatever instrument he is using therefore must be in-fluencing the whole race of man. Now Rhodes was a strict believer in the Darwinian theory of evolution. He believed in the survival of the most capable species. And in the pro-cess of perfecting the race of man by the elimination of the least capable, he recognized the "struggle for existence" as the instrument of the divine Ruler. And in the struggle for exist-ence the white race, beyond a doubt, had been the most cap-able. Moreover, taking as standards of human perfection, the three great principles of Justice, Liberty, and Peace, he unhesi-tatingly concluded that it is the English-speaking race that is most likely to secure universal justice, all-pervading liberty, and world-wide peace, if these are to be secured at all. And the conclusion of the long train of reasoning was "that the highest practical idea was to work for the unity of the English-speaking 20 THE GETTVSBUKG MERCURY. race, in order that, being united, it might extend over all the world the beneficent influence which this race exercised for Justice, Liberty, and Peace among the inhabitants of this planet." This, then, was the guiding principle of his life—internation-al amity and the unity of the English-speaking race. And Rhodes thought that in order to wield any considerable influ-ence in that direction, he must have wealth. "What is the use," he said, "of having grand projects if you lack the money to back them ?" and so he proceeded to acquire wealth, solely with a view to extending the British Empire and thus the Eng-lish- speaking race. His money was never spent for selfish ends. His personal needs could have been covered by a clerk's income. Though king of the diamond mines, he never wore a single one of the precious gems upon his person. He never changed the simple tastes which he had acquired at the coun-try parsonage. He was unconventional to the extreme. As prime minister of Cape Colony he wore the worst hat in the as-sembly. His aristocratic friends in London were compelled to be ashamed of him when he visited them. True, he had a fine house, but it was for the entertainment of others. He never had many fancy pictures; not because he could not appreciate the art, but because he considered the money spent uselessly. "I could build so many miles of railroad for such a picture," he would say. And so it was in all his financial relations; his money was to be used solely upon the object for which he was living. To him nothing seemed more abhorrent than the clogged and impotent discomfort of the ordinary millionaire. He considered it a positive injustice for a man to leave his chil-dren so much money as to enable them to go through the world with folded arms. His life-aim required money for its accomplishment, and for that reason he amalgamated the diamond out-put of the world, thus arming himself with the chosen weapon of the day. Moreover, Rhodes realized that political influence would help him to obtain his life-object. He entered the Parliament of Cape Colony and was soon raised to the highest office in the THE GETTYSBURG MERCURY. 21 Cape government, the premiership. This influence he began to wield to the end that "as much of the map of Africa as possi-ble might be painted British red," as he himself put it. Terri-tories, one after the other, were added to British dominion. It is true, too true, that the means which he used to bring about these results were in many cases questionable. Even his most admiring friends are compelled to admit that he was unscrupu-lous in his methods. He knew no code of political morals. He did not hesitate to do anything which would help bring about the object for which he was spending his life. He wanted to extend the British empire, and to this end he bent all his en-ergies, whether by deceiving the ignorant Boers or by juggling the laws of the different governments. And it has been calcu-lated that he carried the British flag over a territory nearly as great in extent as British India. But there was one great hindrance to the carrying out of Rhodes' idea of a confederated South Africa, and that was the existence of the two independent Dutch republics known as the the Orange River Free State and the Transvaal. Accordingly he began to form deep-laid plans to bring them under British dominion. The notorious Jameson raid was the result. The facts of the raid, to be brief, are these : A large mining popu-lation composed in great part of foreigners had gathered in those districts. In order to overthrow the Dutch government and acquire the country, Rhodes had his agents to build up secret organizations among the foreigners in Johannesburg, the capital city of the Transvaal. It was planned that upon an appointed day these foreigners, or "Uitlanders" as the Boers called them, should cause an uprising under some feigned pre-text and precipitate a revolt against the government. The Uitlanders were to be assisted from the outside by the invasion of a small body of troops under the command of Dr. Jameson, Rhodes' right-hand man. It is a well-known fact that the raid failed. The Boers were apprised of the plot; the foreigners refused at the last moment to act and Jameson and his men were ignominiously captured by the Boers. It was this Jameson raid which precipitated the Boer war, so disastrous to all par-ties concerned. 22 THE GETTYSBURG MERCURY. This was the turning-point in Cecil Rhodes' career. The Boers, among whom he had been very popular previous to the raid, and by whose votes he had become premier, now became his bitterest enemies; for he had betrayed them. The English government renounced all connection with Rhodes. The whole world called it an outrage. He was compelled to resign the premiership, and it is said that his friends noticed that in a few days following the failure of the raid his hair became whiter and the lines about his mouth and eyes deepened. This was the one gross blunder of his life, the one dark spot upon his character which to some seems so dark as to cover with a shadow the better qualities of the man. Cecil Rhodes was a millionaire with an imagination ; he did not hold his money-bags on his head and allow them to crush out his brains. He was philosophic and reflective in mind ; and in his entire foreign policy his strength and victory lay in his vision of what the other side desired and how they hoped to achieve it. He was a great reader although he did not have a very large library. One of his favorite books was Gibbon's "Decline and Fall," and this probably gave him many thoughts upon his life-aim. In Parliament he was a very effective speaker but not what we would call eloquent. He was a lover of natural scenery, as is shown by the selection of the sites of his buildings and of his burying place. His remains are en-tombed in the midst of picturesque mountain scenery. In the will of this great man we see again his immense wide-ness of view. His bequest of $10,000,000 to Oxford Univer-sity has provoked much discussion here in America. But it is not the bequest which concerns us so much as the conditions which the bequeather attaches to it. The will provides that the $ 10,000,000 shall be applied to scholarships apportioned as follows: Two to each of the self-governing colonies of Great Britain, five to Germany, and two to each State or Ter-ritory in the United States. The will also provides for a very unique method of choosing the students, and states that the object of the scholarships is to educate together the future leaders of the three great countries, and thus "secure the peace of the world." It is not necessary to consider here whether THE GETTYSBURG MERCURY. 23 the scholarships will really secure "the peace of the world," nor yet whether they will probably benefit America or not. We need but to note the largeness of the scale upon which Cecil Rhodes laid his plans. He thought in continents; and this is only one of the many schemes which he devised to bring about his favorite idea of the unity of the English-speaking race. Rhodes always felt that life was too short to achieve much ; he was too eager to see his objects accomplished. And his last words were, "So much to do ; so little done." Surely few men present such great complexity of character. He was "ruthless in the pursuit of gain, and caring nothing for gold ; cursed as the cause of the war, yet looking to the reign of universal peace." To some he is known as the author of the South African war, the plunderer of inferior races, and the personifi-cation of greed ; to others, as a poet who confined his energies to deeds. By some he is called the Napoleon of South Africa; by others, the South African Colossus. Whatever can be said concerning Cecil Rhodes, it must be admitted that he pro-duced a lasting impression upon the world's destinies. 24 THE GETTVSBURG MERCURY. SALAMIS AND PROGRESS. BERTRAM STROHMEIER, '06. TTpROM the earliest dawn of history, even from the ages *■ shrouded in the gloom and mist of antiquity, now being rescued from oblivion through the discovery of broken inscrip-tions, and crumbled cities, even to the present day, down the . centuries has flowed almost unceasingly a crimson flood fed by a myraid of battlefields. Mars has revelled to his heart's con-tent in his infernal sport. And when we consider the useless carnage and frightful slaughter that has followed men's differ-ences in oftentimes trivial affairs, it would seem that some treacherous spirit does stir up men's hellish passions just to ap-pease an ungovernable desire. But here and there dropped in the path of Time, unwittingly and unrecognized at fir^t, we find a battle, that in the light of subsequent events proved a boon to mankind, and marked an epoch in the progress of civilization—a battle terrible as a thunder-storm, yet, like iti grand, awe-inspiring, even sublime—a battle not between men alone nor yet between nations, but a struggle between ideas and principles—a battle not for one man, nor for one people; not for one age; but a battle for all people, for all time. Salamis was such a battle. As Balboa paused on the mountain height to recover from his great astonishment, and to take in and more fully under-stand the panorama that suddenly burst upon his vision, when first he beheld the calm Pacific, before plunging down the rockyway to plant the flag of Spain in its waters, so let us pause and take in the historical panorama before entering into the consideration of this world famed battle. Persia is the all-supreme ruler of the East. One by one the proud Oriental kings have bowed the knee to her conquering despot, until for further conquest he has been compelled to send his triumphant legions into far away India on the one side, and to cross the Caucasian limits of his empire on the other and strike terror to the Scythian hordes. From North, South, East In an up-to-P^J CHORUS. — U-pI-dee-l-dee-l-da 1 etc. Her voice is clear as a soaring lark's, And her wit is like those trullev-car sparks I When 'cross a muddy street she ilits, The buys ;;d h^ve conniption fits I The turn of her head turns all ours, too. There's always a strife to si: in her pew; 'Tis enough to make n parson drunk, To hear her sing; old co-ca-che-luuk! m j. The above, and three other NEW verses to U-P1-DEH, 1,, rJf/IT and NEW WORDS, catchy, uu-to-date, to many f*pe- ii TT ^\y},[ sides OLD FAVOK ■ TBS ; and also many NEW SONGS. Jik> SONGS OF ALL THE COLLEGES. Wtf m\Copjrrlgln, Price, S/.JO, postpaid. m ILUU HINDS & NOiSLE, Publishers, New York buy. 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Striking, overtime bans and refusing to carry out certain tasks[1] are collective forms of actions that can arise from workplace disputes. These industrial actions are of fundamental importance: the temporary halt in work production leverages a demand to enforce workers' rights. Despite this, the UK does not recognise the legal right to withdraw labour. Instead, the UK's "right to strike" is said to depend on a complex statutory scheme[2]. This article will analyse a variety of sources, "statutes such as TULRCA 1992, the common law, Convention rights, and relevant case law[3]", to determine whether the UK's "right to strike" "is a classic instance of a 'legislated' right[4]" or if it is merely a "slogan/legal metaphor[5]". [1] Hugh Collins, Aileen McColgan and Keith D Ewing,Labour Law(2nd edn, Cambridge University press 2019) pg.706. [2] Alan Bogg and Ruth Dukes, 'Statutory Interpretation and The Limits of a Human Rights Approach: Royal Mail Group Ltd V Communication Workers Union' (2020) 49(3) Industrial Law Journal pg.478. [3] Ibid, pg.478. [4] Ibid, pg.478. [5] Metrobus v UNITE [2009] EWCA Civ 829 (Maurice Kay LJ). - 'In truth, the "right to strike" in the UK depends for its realisation on a complex statutory scheme. Even in jurisdictions where the right to strike is specified textually in a constitutional document, such a complex right must be operationalised through labour statutes. It is a classic instance of a "legislated" right. Since the enactment of the Human Rights Act, and the evolving jurisprudence of the ECtHR, UK law may now be described as protecting a right to strike albeit one that is pieced together from a variety of sources: statutes such as TULRCA, the common law, Convention rights, and relevant case law.'[1] Does this statement accurately encapsulate the UK law on the 'right to strike'? How do the different sources of law interact and what factors determine the correct balance to be reached between competing interests in regulating industrial action? Use case law, statute, legal commentary and social science material in your answer and provide illustrations to support your analysis. In line with socialism and Professor Beverly Silver's assertions, capitalism is established upon 'two contradictory tendencies': 'crises of profitability and crises of social legitimacy'.[2] This 'inherent labour-capital'[3] struggle is reflected within the UK's hostile regulation of industrial action. The courts' and legislature's ideological approaches towards the collective right to withdraw labour unanimously and substantially favours economic growth above social welfare.[4] Striking, overtime bans, and refusing to carry out certain tasks are collective forms of actions that can arise from workplace disputes.[5] These disputes typically occur because employers are unwilling to negotiate with employees and workers about their working terms or conditions. Undeniably, the duration – and the aftermath – of the collective action results in financial losses to the business and affect innocent third parties (i.e. the general public).[6] Therefore, in order to appease and 'bring the labour under control', the capital would 'have to make concessions [i.e. comply with the strikers' new terms], which provoke crises of profitability'.[7] However, the loss suffered by a business[8] during and after industrial action is justified on two persuasive grounds. The first ground identified by Gwyneth Pitt is the human right aspect.[9] To restrict the right to strike would be akin to the horrific period of slavery,[10] where man had no power to withdraw his labour. This justification is recognising the inequalities in bargaining power between employer and employee.[11] This inequality has been further escalated by the growth of the modern-day unstable gig economy; one in nine UK workers are in precarious work.[12] This form of work has limited protection and much lower salaries.[13] Hence, a subsequent ground for the justification of withdrawal of labour is the equilibrium argument. The power of the employer and their actions can only be matched and questioned by a 'concerted stoppage of work'.[14] Essentially, the right to strike is more than the withdrawal of labour: it is also the encompassing 'right to free expression, association, assembly and power'.[15] Yet there is 'no positive legal right to strike in the UK'.[16] Instead, 'the "right to strike" in the UK depends for its realisation on a complex statutory scheme'.[17] In contrast to its neighbouring European countries' (Spain and Italy) jurisdictions 'where the right to strike is specified textually in a constitutional document', the UK law 'protects a right to strike … from a variety of sources: statutes such as TULRCA, the common law, Convention rights, and relevant case law'.[18] The accuracy of Bogg and Dukes' encapsulation of the UK law on the 'right to strike' and how the different sources of law interact will be subsequently discussed. Common Law Judiciary While Spain[19] and Italy[20] protect the right to strike by suspending the contract of employment during industrial action, this contract is broken under English law.[21] This is because the English common law does not confer a right to strike,[22] hence 'the rigour of the common law applies in the form of a breach of contract on part of the strikers and economic torts … [for] the organisers and their union'.[23] It is tortious and indefensible[24] to induce an individual to breach their contract of employment.[25] This principle was established in Lumley v Gye,[26] and this liability extends to trade unions in the context of industrial action.[27] Additionally, there are two further economic torts trade unions can be held liable for: liability for conspiracy to injure (Quinn v Leathem)[28] and causing loss by unlawful means. UntilOBG Ltd v Allan, Douglas, and others v Hello! Ltd,[29] the 'tort of procuring a breach of contract had been ["blurred"[30] and] extended [to be a wider] tort of unlawful interference with contractual relations'.[31] These torts were later distinguished and separated in the House of Lord's (HoL) judgment of OBG v Allan. While it is not often, the courts are encouraged to distinguish and introduce new torts. The HoL in OBG v Allan subsequently outlined the distinguishing elements between unlawful means and the tort of procuring a breach of contract. The tort of procuring a breach of contract is an accessory liability. Whilst the tort of unlawful means is a 'primary liability that is not dependent on the third party having committed a wrong against the claimant'.[32] Yet, despite the tort differences, the HoL confirmed that the same act could give rise to liability under both unlawful interference and procuring a breach of contract.[33] This clarification and the development of unlawful interferences as a separate liability has notably accommodated employers in holding trade unions liable for more than one tort. The OBG v Allan judgment is significant for discussing industrial action for two notable reasons. The first is that it confirms the judiciary's 'uncontrolled power'[34] in developing and 'defining torts boundaries on a case-to-case basis.[35] This power is 'ensur[ing] that trade unions cannot provide a lawful excuse or justification for their actions'[36]; trade unions are ultimately 'stood naked and unprotected at the altar of the common law'.[37] The insufficiency of protection for trade unions under the common law exhibits the judiciary's biased and hostile ideology towards industrial action.[38] This subsequently aligns with the following observation: the courts favour economic profits. This is discerned by the extent to which the contemporary judiciary extends protection for commercial bodies.[39] The primary function of English tort law was to protect physical integrity and property rights; tort law was never concerned with the protection of economic interests.[40] Nor had the common law ever been historically exercised to 'legitimately control aspects of the economy'[41] and yet OBG v Allan demonstrates the extent to which this has now changed. The judiciary has extensively and needlessly stretched the common law and its torts[42] to protect 'already powerful organisations'.[43] Hence, from the perspective of trade unions and their members, the common law's (inadequate) protection for the 'right to strike' has been, undeniably, very disappointing. Statutes Legislature One of the major problems facing trade unions was the 'exposure of their funds to legal action by employers'[44]; in 1901, Taff Vale Railway Co successfully sued the Amalgamated Society of Railway Servants union for £42,000.[45] This sum is equivalent to £5,196,328.39 today. This verdict, in effect, eliminated 'the strike as a weapon of organized labour'.[46] Naturally, workers turned to political parties for redress. The concern and advocacy for trade union reform accounted for 59% of the winning Liberal party's election manifesto.[47] The Liberal government, led by Prime Minister Henry Campbell-Bannerman, provided unions with wide immunity against any tortious liability arising from trade disputes under The Trade Disputes Act (TDA) 1906. Although this Act did not introduce a 'legislated right' for industrial action,[48] this statute effectively recognised the vulnerability of unions under the common law by 'secur[ing] a [statutory] freedom' instead. [49] The TDA is one of the 'mostimportantpieces oflabour legislationever passed by a British Parliament'[50]; it effectively 'kept the courts at a minimum'[51] and neutralised the most obvious adverse effects of the Taff Vale judgment. The 'sympathetic politicians' were 'periodically reconstructing' the role of the 'class-conscious', profit-favouring judiciary.[52] The outcome of the 1906 general election 'served the unions' interests well'[53] and it continued to for 65 years. The 'long enjoyed'[54] immunity of trade unions for liability in tort was reduced to partial immunity under the Thatcher government (1979-90). There is a 'scale of government ideology' which ranges from 'fully participative' to 'fully authoritative',[55] and the Thatcher government was the undoubtable latter. The Conservative ideology and economists, such as FA Hayek, viewed trade unions as an obstacle to economic growth.[56] This perception was heightened by the Winter of Discontent (1978-79): a period characterised by widespread of strikes in response to the Labour government's wage cap (to maintain falling inflation).[57] Subsequently, Thatcher's government further justified the re-introduction of liability for trade unions upon the succeeding Green Papers: the 1981 Trade Union Immunities[58] and the 1989 Trade Unions and their Members.[59] Both papers outlined concerns regarding democracy, rights, and freedom of trade union members; 'too often in recent years it has seemed that employees have been called out on strike by their unions without proper consultation and sometimes against their express wishes'.[60] Accordingly, the Thatcher government introduced legislation that prior Conservative governments were afeard of passing: the Employment Act 1980, Trade Union Act 1984, and Trade Union Reform and Employment Rights Act 1993. These re-introduced vulnerability and high costs for unions. Under the Employment Rights Act 1980, 'trade-dispute' was re-defined, statutory liabilities were introduced and unions were exposed to injunctions and claims for damages. However, upon complying with the stringent balloting requirements (from secret ballot to the requirement for all ballots to be postal) in the 1984 and 1993 Acts, the dispute would be deemed lawful.[61] It is expensive for unions to comply and evidence the fulfilled balloting requirements, but if lawful union members are statutorily protected from unfair dismissals and injunctions.[62] While this is a brief summary of the Acts, these restrictive measures offer an insight into the Thatcher government's success in exercising its agenda of restricting the lawfulness of industrial action by limiting its previously protected scope and purposes. Subsequently, the process of placing further controls on trade unions continued into the 21st century.[63] The 2015 Conservative government introduced the 'draconian'[64] Trade Union Act 2016 (TUA) – the most significant union legislation since the Employment Act 1980. The TUA introduced a minimum threshold of eligible members to vote in the ballot (at least 50% turnout and 50% voting in favour).[65] Moreover, in the instance the members are engaged in 'important public services',[66] 40% of all members entitled to vote must have voted in support of the industrial action. These stringent procedural requirements have to be strictly followed for a strike to be lawful.[67] Oddly, there was no pressing need to introduce these restrictive measures.[68] There were no significant problems in industrial relations at the time (ie, Winter of Discontent) nor any significant 'pressure from business for further laws on strikes',[69] but the Conservative government justified these 2016 measures through the findings of Bruce Carr QC and Ed Holmes.[70] The Government submitted the Carr Review to indicate a consistent pattern of union bullying workers, and yet Carr himself 'did not contend his findings to be a sufficient basis' for influencing the TUA.[71] Instead, the true motivations behind the government's 2016 legislative programme are observed by the 'striking resemblance'[72] to Ed Holmes Modernising Industrial Relations (MIR) paper.[73] The policy paper daringly questioned the necessity of protecting industrial action by reflecting on the development of employment tribunals and discussing the economic consequences of strikes. The same 'free-market economic theory' that underpinned the MIR's recommendations 'drove' the pragmatically restrictive and economically influenced 2016 statute developments.[74] The substance of today's statute in protecting trade unions 'is far removed and much weaker than the position established in 1906'.[75] Since the Henry Campbell-Bannerman leadership, trade union membership has declined by more than half due to the 'three successive Conservative governments [who] have enacted labour legislation opposed by unions'.[76] It appears the deep-rooted ideology of the political party in power influences the legislative steps for protecting trade unions.[77] Therefore, the extent of the Conservative government's 'authoritarian, class-biased and oppressive'[78] industrial action policies will be exemplified and 'more evident than they are today when a Labour government is elected again'.[79] Judiciary While the likes of Maurice Kay LJ and Lord Neuberger MR 'characterised the statutory immunities as limited exceptions to the common law' to justify interpreting the statute provisions 'strictly against the trade union', the court's overall response to industrial action 'has been more mixed'.[80] The court in Merkur Island Shipping v Laughton[81] developed a three-part test to examine the legality of industrial action. This test encapsulates the substantive and procedural requirements for a lawful strike whilst observing the intertwined and 'uneasy' relationship between the common law and statute.[82] If the industrial action is unlawful at common law, the judiciary asks whether there is a 'prime facie statutory immunity' for the commission of torts.[83] This substantive question considers whether the action was 'in contemplation or furtherance of a trade dispute'[84] before questioning whether the immunity had been procedurally lost by one of the three specified statutory reasons in TULRCA 1992.[85] The union's partial immunity could be lost for minor 'inconsequential breaches of the statutory rules'[86]; there is a series of High Court instances of injunctions being granted to 'ever more powerful and well-resourced employers'[87] owing to invalid strike ballots.[88] The readily available labour injunctions continued to be the "key piece[89]" of suppressing collective action until the minor development in 2011. In RMTv Serco Ltd;ASLEFv London and Birmingham Railway Limited (RMT and ASLEF),[90] the Court of Appeal approved and applied Millett LJ's 1996 observation in London Underground Limited v National Union of Railwaymen, Maritime and Transport Staff:[91] 'the democratic requirement of a secret ballot is not to make life more difficult for trade unions … but for the protection of the Union's own members'.[92] Owing to this proposed democratic aim, the court in RMT and ASLEF confirmed it was 'to interpret the statutory provisions somewhat less stringently'.[93] This interpretation is a stark contrast to Maurice Kay LJ's understanding of parliament's intentions. The court furthered Millett LJ's aim by recommending a neutral, 'without presumptions one way or the other',[94] interpretation of TULRCA. Upon the fact TULRCA is premised on the existing common law framework, the court's 'judicial creativity' could have easily 'outflank[ed] the intentions of Parliament'.[95] Instead of a 'neutral' approach, the courts have the power to mitigate unions disproportionate vulnerability against injunctions, damages, and unfair dismissals by encouraging and favouring social legitimacy. Although, the RMT and ASLEF court 'only indicated a change in emphasis rather than substance'[96] (since unions are still burdened with the challenges of exercising a 'lawful' strike),[97] this judgment enhanced union's ability to resist injunction applications (as observed by Balfour BeattyEngineering Services Limitedv Unitethe Union).[98] The unbiased interpretation encouraged in RMT and ASLEF continues to be the leading approach to interpreting domestic statutes regarding industrial action. ECHR Judiciary Admittedly, the scope of Maurice Kay LJ's strict interpretation was narrowly limited by the European Court of Human Rights (ECtHR).[99] The ECtHR confirmed, in Enerji Yapi-Yol Sen v Turkey,[100] that Article 11 of the European Convention on Human Rights included protection of the right to strike. This Article, and Article 6 of the European Social Charter[101] bestow the right to strike for their member states members and due to the UK Human Rights Act 1998, 'British workers are understood to enjoy a right to strike'.[102] This, unlike the mere domestic statutory immunities, is the only instance of a 'legislated' right to strike in the UK.[103] Under section 3(1) of the Human Rights Act 1998, 'statutory provisions must be read and given effect in a way which is compatible with the Conventionrights'[104] – 'the opportunity to test this line of argument'[105] in the English courts arose in Metrobus Ltd v Unite the Union (Metrobus).[106] The Court of Appeal rejected the Enerji arguments; the Court denied the authority's relevance for the interpretation of UK statutory provisions. This judgment continues to be the leading precedent on the UK's provisions of Article 11,[107] despite the RMT and ASLEF judgment. In RMT and ASLEF, the UK courts acknowledged the 'clearly protected'[108] right to strike under ECHR Article 11. However, the court emphasised the importance of a 'fair balance to be struck between the competing interests of the individual and the community as a whole'.[109] The emphasised interests of the 'community' motivated the court's justification for the ban on secondary action owing to its 'potential to … cause broad disruption within the economy and to affect the delivery of services to the public'.[110] Subsequently, the court confirmed that this ban aligns with Article 11(2) 'on the basis of a wide margin of appreciation accorded to the State'.[111] While the court is correct to recognise their bestowed margin of appreciation, the court rationalised the granting of the injunction, 'which itself cost the union a substantial sum',[112] upon economic factors. This factor is not only 'wholly irrelevant to the specific facts of the application' but it disregarded and postponed 'the exercise of what was acknowledged to be a convention protected right'.[113] The court effectively and 'successfully prevented industrial action on the basis of legal' human rights provisions 'which are intended to benefit workers'.[114] In short, there 'is no point creating rights' or passing human rights legislation if the 'court is not prepared to defend them'.[115] There will continue to be an erosion of human rights protection until there is greater coordination between the domestic courts and the ECtHR. It is credible to conclude that the UK judiciary is more concerned with profitability, self-preservation of UK powers, and 'in appeasing political forces'[116] above the interests of the individuals it and the Convention Rights was established to serve. Legislature The RMT and ASLEF court's 'blessing of a wide margin of appreciation' in the 'encompassment' of Article 11 offered a 'green light for further restrictive legislation on industrial action' by the 'only too happy Government'.[117] Here, Boggs and Ewing detect 'the crude politics of power'.[118] Upon observing the Court of Appeal's reluctance to exercise EU conventions, and the UK courts' developments that continue to be 'very much in line with the political approach of the Conservative government',[119] it materialises that the court and government are not 'looking to open a third (ECtHR) front'.[120] The Government has recently launched an 'independent review' of the Human Rights Act.[121] The review aims to evaluate 'the duty to take into account' ECtHR case law and assess 'whether dialogue between our domestic courts and the ECtHR works effectively and if there is room for improvement'.[122] It is worth highlighting that this 'independent' review will be led by former Court of Appeal Judge, Sir Peter Gross – the same judge who remarked that 'the more that controversial areas are "outsourced" … the greater the challenge for … judicial leadership'.[123] The former judge is a notable advocate for greater domestic judicial leadership.[124] This advocacy hints the likelihood of the review condemning the relevance and precedence of the ECtHR (and Human Rights Act 1998) in 'controversial' matters such as industrial action. This review has the powerful ability to eliminate the only instance of a legislated right to strike in the UK.[125] Ultimately 'The notion of lawful industrial action is restrictive', the procedural requirements are 'onerous' and the consequences of unions liability for unlawful strikes are 'serious'.[126] Nearly two decades after the European Social Charter's review,[127] the UK still does not guarantee the right to strike. The precedent in Metrobus still stands. There continues to be a 'poorly reasoned and barely consistent' series of judgments 'by what looks like a weak, timid'[128] and politically influenced[129] judiciary. The enactment of the 'Human Rights Act and the evolving jurisprudence of the ECtHR'[130] will not prescribe a right to strike in the UK until the Supreme Court or ECtHR rule UK's current provisions as incompatible with Article 11. In truth, 'the right to strike [in the UK] has never been much more than a slogan or a legal metaphor'.[131] This 'slogan' is a regime of immunities that are purposely designed upon an overly complex and expensive statutory system.[132] These immunities are not adequately or proportionately protecting workers, unions, and one in nine vulnerable, precarious workers against the 'pitfalls'[133] of damages, injunctions, and unfair dismissals.[134] This system was successfully underlined with the political agenda of deterring trade disputes; the UK's worker strike total has fallen to its 'lowest level since 1893'.[135] The 'unanimous and hostile'[136] approach of the legislature and the judiciary towards industrial action exhibits the UK's covert 'culture of routinely disregarding'[137] social legitimacy in favour of profits. [1] Alan Bogg and Ruth Dukes, 'Statutory Interpretation and The Limits of a Human Rights Approach: Royal Mail Group Ltd v Communication Workers Union' (2020) 49 ILJ 477, 478. [2] Nicholas Pohl,'Political and Economic Factors Influencing Strike Activity During the Recent Economic Crisis: A Study of The Spanish Case Between 2002 And 2013' (2018) 9 Global Labour Journal 19, 21. [3] ibid, 21. [4] Harry Smith, 'How Far Does UK Labour Law Provide for The Effective Exercise of a Right to Strike?' (2014) 6 The Student Journal of Law accessed 15 December 2020. [5] Hugh Collins, Aileen McColgan and Keith D Ewing,Labour Law(2nd edn, CUP 2019) 706. [6] Gwyneth Pitt,Cases and Materials on Employment Law(1st edn, Pearson Education Limited 2008) 570. [7] Pohl (n 2), 21. [8] Beverly J Silver,Forces of Labor Workers' Movements and Globalization Since 1870(CUP 2003) 17. [9] Pitt (n 6), 570. [10] Manfred Davidmann, 'The Right to Strike' (Solhaam, 1996) accessed 15 December 2020. [11] Adam Smith,An Inquiry into The Nature and Causes of The Wealth of Nations(Cofide 1776). [12] Bethan Staton, 'The Upstart Unions Taking on The Gig Economy and Outsourcing' (Financial Times, 20 January 2020) accessed 16 December 2020 [13] Employment Rights Act 1996,s212. [14] Trade Union and Labour Relations (Consolidation) Act (TULRCA)1992, s246. [15] Brian Smart, 'The Right to Strike and The Right to Work' (1985) 2 Journal of Applied Philosophy 31. [16] 'Industrial Action' (UNISON National) accessed 7 December 2020 [17] Bogg and Dukes (n 1), 478. [18] ibid, 478. [19] Article 18 of the Spanish Constitution and regulated by Royal Decree-Law 17/1977 of 4 March on Labour Relations ('RDLLR') and Article 4.1.e) of the Spanish Workers' Statute. [20] Article 40 of theItalianRepublic Constitution of 1948. [21] Collins, McColgan, and Ewing (n 5), 714. [22] RMT v Serco; ASLEF v London and Birmingham Railway [2011] EWCA Civ 226, [2011] ICR 848 [2]. [23] Metrobus Ltd v Unite the Union [2009] EWCA Civ 829, [2010] ICR 173 [118]. [24] South Wales Miners' Federation v Glamorgan Coal Co [1905] AC 239. [25] Collins, McColgan, and Ewing (n 5), 714. [26] (1853) 118 ER 749. [27] Taff Vale Railway Co vAmalgamated Society ofRailwayServants [1901] AC 426. [28] [1901] AC 495. [29] [2007] UKHL 21, [2008] 1 AC 1. [30] 'House of Lords Overhaul Economic Torts' (Herbert Smith Freehills, 17 May 2007) accessed 9 December 2020 [31] ibid. [32] OBG v Allan (n 29). [33] ibid, [37]. [34] Hazel Carty, 'The Economic Torts and English Law: An Uncertain Future' (2007) 95 Kentucky LJ 849. [35] Lonrho v Fayed [1990] 2 QB 479, 492-93. [36] Collins, McColgan, and Ewing (n 5), 714. [37] ibid, 714. [38] ibid, 849. [39] ibid, 848. [40] ibid, 847. [41] ibid, 847. [42] Cartey (n 34), 847. [43] ibid, 849. [44] Richard Kidner, 'Lessons in Trade Union Law Reform: The Origins and Passage of The Trade Disputes Act 1906' (2018) 2 Legal Studies 37. [45] Taff Vale (n 27). [46] Merriam-Webster,Merriam-Webster's Collegiate Encyclopedia(Merriam-Webster 2000) 1157. [47] Kidner (n 44), 47. [48] Bogg and Dukes (n 1), 478. [49] RMT and ASLEF (n 22) [2]. [50] Keith Ewing, 'The Right to Strike: From the Trade Disputes Act 1906 To A Trade Union Freedom Bill 2006' (Institute of Employment Rights, March 2013) accessed 11 December 2020. [51] The Editors of Encyclopedia Britannica, 'Trade Disputes Act' (Encyclopedia Britannica, 20 July 1998) accessed 11 December 2020. [52] Ewing (n 50). [53] Encyclopedia Britannica (n 51). [54] FA Hayek, 'Trade Union Immunity Under the Law' The Times (London, 21 July 1977) 15 accessed 11 December 2020 [55] Davidmann (n 10). [56] Hayek (n 54). [57] Alex Kitson, '1978-1979: Winter of Discontent' (Libcom.org, 24 January 2007) accessed 11 December 2020. [58] Cmd, 8128, 1981. [59] Cmd 821, 1989. [60] Trade Union Immunities (n 58), para 247. [61] Trade Union Reform and Employment Rights Act 1993, s238A. [62] TULRCA 1992, ss237-38. [63] Michael Ford and Tonia Novitz, 'Legislating for Control: The Trade Union Act 2016' (2020) 45 ILJ 227. [64] Bart Cammaerts, 'The Efforts to Restrict the Freedom to Strike and To Deny A Right to Strike Should Be Resisted Fiercely' (LSE Blogs, 14 September 2015) accessed 11 December 2020. [65] TUA 2016, s226(2)(a) (ii). [66] ibid, s226(2)(e). [67] ibid, s238A. [68] Ford and Novitz (n 63), 291. [69] ibid, 291. [70] ibid, 291. [71] ibid, 291. [72] ibid, 279. [73] Modernising Industrial Relations n.7. [74] Ford and Novitz (n 63), 279. [75] Ewing (n 50). [76] Brian Towers, 'Running the Gauntlet: British Trade Unions Under Thatcher, 1979-1988' (1989) 42 ILR Rev 163. [77] Gareth Thomas and Ian K Smith,Smith & Thomas' Employment Law(9th edn, OUP 2007), 737. [78] Davidmann (n 10). [79] Bogg and Dukes (n 1), 492. [80] Ruth Dukes, 'The Right to Strike Under UK Law: Not Much More Than A Slogan? NURMT v SERCO, ASLEF v London & Birmingham Railway Ltd' (2011) 40 ILJ 302, 309. [81] [1983] ICR 490. [82] Collins, McColgan, and Ewing (n 5), 847. [83] TULRCA 1992, s219. [84] ibid. [85] ibid, ss222, 224, and 226. [86] Dukes (n 80), 309. [87] Kalina Arabadjieva, 'Royal Mail Group Ltd v Communication Workers Union (CWU): Injunctions Preventing Industrial Action and The Right to Strike' (UK Labour Law, 6 March 2020) accessed 12 December 2020. [88] TULRCA 1992, s226. [89] Arabadjieva (n 87). [90] n 22. [91] [1996] ICR 170. [92] ibid, [180]-[182]. [93] Dukes (n 82), 309. [94] RMT and ASLEF (n 22), [2]. [95] Smith (n 4). [96] Ford and Novitz (n 63), 281. [97] Arabadjieva (n 87). [98] [2012] EWHC 267 (QB). [99] Keith Ewing and Alan Bogg, 'The Implications of The RMT Case' (2014) 40 ILJ 221, 222. [100] [2009] ECHR 2251. [101] 'The right to bargain collectively.' [102] Keith Ewing and John Hendy, 'The Dramatic Implications of Demir and Baykara' (2010) 39 ILJ 2. [103] Bogg and Dukes (n 1), 478. [104] ibid. [105] Dukes (n 82), 303. [106] n 23. [107] Dukes (n 82), 310. [108] Ewing and Bogg (n 99), 221. [109] RMT and ASLEF (n 22), [77]. [110] ibid, [82]. [111] ECHR Art 11 (2). [112] Ewing and Bogg (n 99), 251. [113] ibid, 221. [114] Arabadjieva (n 87). [115] Ewing and Bogg (n 99), 223. [116] ibid, 251. [117] Ford and Novitz (n 63), 282. [118] Ewing and Bogg (n 99), 223. [119] Thomas and Smith (n 77), 737. [120] Ewing and Bogg (n 99), 223. [121] Ministry of Justice, 'Government Launches Independent Review of the Human Rights Act' (Gov.uk, 7 December 2020) accessed 15 December 2020. [122] ibid. [123] Jamie Susskind, 'Jamie Susskind Comments on Sir Peter Gross' Lecture on Judicial Leadership' (Littleton Chambers) accessed 15 December 2020. [124] ibid. [125] ECHR Art 11. [126] Ruth Dukes, The Right to Strike Under UK Law: Something More Than A Slogan? Metrobus v Unite The Union [2009] EWCA Civ 829' (2010) 39 ILJ 1, 7. [127] ESC, Report of the Committee of Experts 2002. [128] Ewing and Bogg (n 99), 251. [129] Thomas and Smith (n 77), 737. [130] Bogg and Dukes (n 1), 478. [131] Metrobus (n 23) (Maurice Kay LJ). [132] Bogg and Dukes (n 1), 478. [133] Dukes (n 125), 9. [134] ibid, 7. [135] Richard Partington, 'UK Worker Strike Total Falls to Lowest Level Since 1893' (The Guardian, 30 May 2018) accessed 15 December 2020 [136] Smith (n 4). [137] ibid.
Threats To International Peace And Security. The Situation In The Middle East ; United Nations S/PV.8231 Security Council Seventy-third year 8231st meeting Friday, 13 April 2018, 10 a.m. New York Provisional President: Mr. Meza-Cuadra . (Peru) Members: Bolivia (Plurinational State of). . Mr. Llorentty Solíz China. . Mr. Ma Zhaoxu Côte d'Ivoire. . Mr. Tanoh-Boutchoue Equatorial Guinea. . Mr. Ndong Mba Ethiopia. . Mr. Alemu France. . Mr. Delattre Kazakhstan. . Mr. Umarov Kuwait. . Mr. Alotaibi Netherlands. . Mr. Van Oosterom Poland. . Ms. Wronecka Russian Federation. . Mr. Nebenzia Sweden . Mr. Skoog United Kingdom of Great Britain and Northern Ireland . Ms. Pierce United States of America. . Mrs. Haley Agenda Threats to international peace and security The situation in the Middle East This record contains the text of speeches delivered in English and of the translation of speeches delivered in other languages. The final text will be printed in the Official Records of the Security Council. Corrections should be submitted to the original languages only. They should be incorporated in a copy of the record and sent under the signature of a member of the delegation concerned to the Chief of the Verbatim Reporting Service, room U-0506 (verbatimrecords@un.org). Corrected records will be reissued electronically on the Official Document System of the United Nations (http://documents.un.org). 18-10728 (E) *1810728* S/PV.8231 Threats to international peace and security 13/04/2018 2/22 18-10728 The meeting was called to order at 10.05 a.m. Adoption of the agenda The agenda was adopted. Threats to international peace and security The situation in the Middle East The President (spoke in Spanish): In accordance with rule 37 of the Council's provisional rules of procedure, I invite the representative of the Syrian Arab Republic to participate in this meeting. The Security Council will now begin its consideration of the item on its agenda. I wish to warmly welcome His Excellency Secretary-General António Guterres, to whom I now give the floor. The Secretary-General: The situation in the Middle East is in chaos to such an extent it has become a threat to international peace and security. The region is facing a true Gordian knot — different fault lines crossing each other and creating a highly volatile situation with risks of escalation, fragmentation and division as far as the eye can see, with profound regional and global ramifications. We see a multiplicity of divides. The first is the memory of the Cold War. But, to be precise, it is more than a simple memory: the Cold War is back with a vengeance — but with a difference. The mechanisms and the safeguards to manage the risks of escalation that existed in the past no longer seem to be present. Secondly, there is the Palestinian-Israeli divide. Thirdly, there is the Sunni-Shia divide, evident from the Gulf to the Mediterranean. It is important to note that apparent religious divides are normally the result of political or geostrategic manipulation. Finally, there is a wide range of different factors — from opposing attitudes in relation to the role of the Muslim Brotherhood or the status of the Kurds, to the dramatic threats to communities that have been living in the region for millenniums and are part of the rich diversity of Middle Eastern societies. Those numerous divisions are reflected in a multiplicity of conflicts with different degrees of interconnection, several of which are clearly linked to the threat of global terrorism. Many forms of escalation are possible. We see the wounds of the Palestinian-Israeli conflict continuing to fester. The recent violence in Gaza resulted in many needless deaths and injuries. I repeat my call for an independent and transparent investigation into those incidents. I also appeal to those concerned to refrain from any act that could lead to further casualties, in particular any measures that could place civilians in harm's way. That tragedy underlines the urgency of revitalizing the peace process for a two- State solution that will allow Palestinians and Israelis to live side by side in peace in two democratic States within secure and recognized borders. I reaffirm the readiness of the United Nations to support those efforts. In Yemen, we are witnessing the worst humanitarian disaster in today's world. There is only one pathway to ending the Yemeni conflict and to addressing the humanitarian crisis: a negotiated political settlement through inclusive intra-Yemeni dialogue. My Special Envoy, Martin Griffiths, is doing everything possible to facilitate that political settlement. He will brief the Council next week. In Libya, I encourage all parties to continue to work with my Special Representative, Ghassan Salamé, as he engages in the political process with a broad range of Libyan interlocutors across the country in order to implement the United Nations action plan. It is high time to end the Libyan conflict. The case of Iraq demonstrates that progress is possible with concerted local, regional and global commitment. With the defeat of the Islamic State in Iraq and the Levant, having overcome the risk of fragmentation, the Government of Iraq must now focus on reconstruction, reforms and reconciliation. I hope that the upcoming elections will consolidate that progress. At the recent Paris and Rome conferences, the international community reaffirmed its support for Lebanon's sovereignty, stability and State security institutions. It is absolutely essential to prevent a new Israel-Hizbullah conflict, which could inevitably result in many more victims and much greater destruction than the last war. I reiterate the critical importance to act on key principles and commitments on Lebanon, including the Security Council resolutions, such as resolution 1701 (2006), and the policy of disassociation. The dangers of the links to the Syrian conflict are 13/04/2018 Threats to international peace and security S/PV.8231 18-10728 3/22 evident in the recent confrontations between Iran and Israel in Syria.Syria today indeed represents the most serious threat to international peace and security. We see there confrontations and proxy wars, involving several national armies, a number of armed opposition groups, many national and international militia, foreign fighters from everywhere in the world and various terrorist organizations. From the beginning, we have witnessed systematic violations of international humanitarian law, international human rights law and international law, in general, in utter disregard for the letter and spirit of the Charter of the United Nations.For eight long years, the people of Syria have endured suffering upon suffering. I reiterate that there is no military solution to the conflict. The solution must be political through the Geneva intra-Syrian talks, as stipulated in resolution 2254 (2015), and in line with the consistent efforts of my Special Envoy, Staffan de Mistura. Syrians have lived through a litany of horrors: atrocity crimes, sieges, starvation, indiscriminate attacks against civilians and civilian infrastructure, the use of chemical weapons, forced displacement, sexual violence, torture, detention and enforced disappearances. The list goes on.In a moment of hope, the Security Council adopted resolution 2401 (2018), demanding that all parties cease hostilities without delay for a durable humanitarian pause. Unfortunately, no such cessation of hostilities ever really took place. That is the bleak panorama of Syria today.In that panorama, I am outraged by the continued reports of the use of chemical weapons in Syria. I reiterate my strong condemnation of the use of chemical weapons by any party to the conflict under any circumstances. Their use is abhorrent and a clear violation of international law. The seriousness of the recent allegations requires a thorough investigation, using impartial, independent and professional expertise.In that regard, I reaffirm my full support for the Organization for the Prohibition of Chemical Weapons (OPCW) and its Fact-finding Mission in undertaking the required investigation into those allegations. The mission should be granted full access, without any restrictions or impediments, to perform its activities. I take note that the Syrian Government has requested that and is committed to facilitating it. The first OPCW team is already in Syria; a second team is expected today or tomorrow.However, we need to go further. In a letter to the Council two days ago, I expressed, following the end of the mandate of the OPCW-United Nations Joint Investigative Mechanism,"my deep disappointment that the Security Council was unable to agree upon a dedicated mechanism to attribute responsibility for the use of chemical weapons in Syria".I want to repeat today that the norms against chemical weapons must be upheld. As I wrote in the same letter:"[e]nsuring accountability for a confirmed use of chemical weapons is our responsibility, not least to the victims of such attacks. A lack of accountability emboldens those who would use such weapons by providing them with the reassurance of impunity. This, in turn, further weakens the norm proscribing the use of chemical weapons and the international disarmament and non-proliferation architecture as a whole. I urge all Member States to act responsibly in these dangerous circumstances;"I appeal to the Security Council to fulfil its duties and not to give up on efforts to agree upon a dedicated, impartial, objective and independent mechanism for attributing responsibility with regard to the use of chemical weapons. I stand ready to support such efforts."The increasing tensions and the inability to reach a compromise in the establishment of an accountability mechanism threaten to lead to a full-blown military escalation. In my contacts with the members of the Security Council, particularly the permanent members, I have reiterated my deep concerns about the risks of the current impasse and stressed the need to prevent the situation from spiralling out of control.That is exactly the risk that we face today — that things spiral out of control. It is our common duty to stop it.The President (spoke in Spanish): I thank the Secretary-General for his valuable briefing.I shall now give the floor to those Council members who wish to make statements.S/PV.8231 Threats to international peace and security 13/04/2018 4/22 18-10728 Mr. Nebenzia (Russian Federation) (spoke in Russian): We are greatful to the Secretary-General for his briefing. His participation, his assessments and his authoritative words about the situation that has developed are very significant. We agree with him that there are many wounds in the Middle East. However, most important, currently the deepest wound is the situation in Syria, insofar as any negative repercussions would have major global implications.Two days ago, news of a threat by the United States to launch missile strikes against the Syrian Arab Republic ricocheted around the world. The Russian Federation was also warned to prepare for strikes. Let me point out that our military is in Syria at the invitation of its legitimate Government in order to combat international terrorism. We continue to see dangerous military preparations for an illegal act of force against a sovereign State in violation of the norms of international law. It is not just the use of force but even the threat of it that flies in the face of the Charter of the United Nations, and that is precisely what we are seeing in the most recent statements and actions of Washington and its allies. The bellicose rhetoric is being ratcheted up at every level, including at the very top. Additional forces and assets of the United States military and its allies are bearing down on the Syrian coast. It feels as though Washington is singlemindedly heading towards unleashing a military scenario against Syria. That cannot be permitted. Such developments would be fraught with terrible consequences for global security, especially considering that a Russian military contingent is deployed in Syria.There are also those who have been observing these risky preparations with tacit approval, declaring that they understand Washington's motives or engaging in direct incitement, thereby becoming potential accomplices in an act of reckless military adventurism. There are people in the Security Council who love to talk about preventive diplomacy. Right now, for some reason, they are nowhere to be seen or heard. The guilty parties have been speedily identified not just before any investigation has been conducted but even before it has been established whether the incident in question took place at all, but evidently they must still be punished. Someone will have to answer for these unfortunate developments and for the previous interventions that have engulfed many countries in years of crisis with untold casualties.Witness the recent experience of Iraq and Libya, which, among other things, shows that the attitude of America's leaders to the Security Council is largely one of convenience. They need it as cover for their Iraqi test tubes and Libyan no-fly zones. What they are presenting us with now is another virtual test tube, and an empty one. The reckless behaviour of the United States as it tramples on international law and State sovereignty is unworthy of its status as a permanent member of the Security Council, which presupposes the highest possible degree of responsibility and certainly not a right to sabre rattling, a right that is unknown in international law.Why does the United States continue to torture the Middle East, provoking one conflict after another and pitting the States of the region against one another? Who will benefit from a potential strike against the Syrian military, which is taking the brunt of the fight against terrorism and achieving major victories in it? We know for sure that the ringleaders of the Syrian armed groups were given orders to launch an offensive after a possible military action. Is this latest wave of chaos really being unleashed just for that?The excuse is the alleged use of toxic substances in the Syrian town of Douma on 7 April, for which there has been no reliable confirmation. Our specialists found no trace of the use of toxic substances. The residents of Douma know of no such attack. All the evidence of the alleged attack has been provided by anti-Government forces for whom this development is in their interests. We have good reason — indeed, we have information — leading us to believe that what took place was a provocation with the participation of various countries' intelligence services. We have been issuing warnings about this for a long time. It is a repeat of the Khan Shaykhun scenario in April of last year.The Syrian Government, for which this is clearly the last thing it needs, has said that it was not involved and has sent a request for an immediate inspection by the Organization for the Prohibition of Chemical Weapons (OPCW) of the location of the alleged incident. It has offered security guarantees jointly with the Russian military. The mission is already getting started on its work in Syria and we hope that it will be able to conduct a truly independent and impartial investigation.Only the Security Council has the authority at the international level to decide what measures to take and against whom in connection with the use of chemical 13/04/2018 Threats to international peace and security S/PV.8231 18-10728 5/22 weapons in Syria. Russia will continue to work diligently and systematically to de-escalate the recent tensions in international relations. We proposed adopting a brief resolution in support of the OPCW inspection mission in Douma that the United States, Britain and France irresponsibly blocked, thereby demonstrating their lack of interest in an investigation. The only thing they care about is overthrowing the Syrian Government and, more broadly, deterring the Russian Federation. This has been clearly visible in other international and domestic political events built on unfounded hoaxes and conspiracy theories that always centre around the Russian Federation.What is the United States trying to achieve? After many years of internecine strife in Syria, significant areas of the country have been stabilized. The political process is reviving and indicators of national reconciliation are emerging. The terrorists have been dealt a significant blow. We have never denied that the United States has also made a certain contribution to achieving that shared goal, but it has always kept certain types of terrorists in reserve for its fight against the so-called regime and for advancing its geopolitical priorities in the region.My British colleague is always asking me what Russia is doing to implement resolution 2401 (2018). My answer is that my country is practically the only one that is doing anything about it. Over the course of the Astana process, peace has been restored in more than 2,500 towns and villages. That does not mean that they have become victims of the regime, as the United States calls it, merely that with the help of Russia and other guarantors they have established normal relations with the central authorities in Damascus. With the support of the United Nations, the Syrian National Dialogue Congress was held successfully in Sochi. How many towns and villages has the United States brought peace to? How many groups has it persuaded to join the ceasefire agreements?In order to break the deadlock in the situation in eastern Ghouta after the adoption of resolution 2401 (2018), complex negotiations were conducted with the leaders of armed groups, with Russian assistance. The militias and their family members were safely evacuated from the district, and civilians were finally given the opportunity to shake off years of terror. Film of their genuine joy exists, but the Western media is not showing it. The United States does not care about the fate of the prisoners of the militias in eastern Ghouta who had been supporters of the Syrian Government. When they were bargaining with the Syrian authorities to exchange prisoners, the militias claimed that they were holding between 2,000 and 4,000 people. Now it turns out that there are far fewer. People died from harsh treatment and hard labour digging huge tunnels for their torturers.Some members have grieved to see their bearded pilgrims setting off for Syria on free tourist tickets. They lost no opportunity to shriek from every street corner about the plight of the hundreds of thousands of people in besieged eastern Ghouta. Now those people need help in rebuilding normal lives, but these Council members have already lost interest because the area is under Government control. Now there will have to be unpleasant discussions about the blockade of Fo'ah and Kefraya. When was the last time a humanitarian convoy was there? When was the last time Council members even asked about it? Someone must answer for the coalition's destruction of Raqqa.These are dangerous developments, with far-reaching ramifications for global security. In this instance, responsibility lies entirely with the United States and its allies. It is a pity that Old Europe continues to lose face. We call on the leaders of these States to immediately reconsider, return to the international legal fold and not to lead the world to the dangerous brink. We urgently need to find a peaceful way out through a collective effort. The Russian Federation is ready to cooperate equitably with all partners and to solve the problems that may arise through dialogue. We will continue to focus on finding a peaceful settlement to the conflict in Syria based on established international law. We will continue to work actively to that end, and we call on all our partners to do the same.Mrs. Haley (United States of America): I started to listen to my Russian friend so as to respond to him, but instead I am truly in awe of his ability to say what he said with a straight face.Today's meeting of the Security Council has been convened under truly strange circumstances. The Russian Federation has asked us to discuss what it calls unilateral threats related to Syria. What is strange is that Russia is ignoring the real threat to international peace and security that has brought us all here. It is ignoring its own unilateral responsibility for all of it. What we should discuss today is the use of deadly chemical weapons to murder innocent Syrian S/PV.8231 Threats to international peace and security 13/04/2018 6/22 18-10728 civilians. That is one of the most blatant and grotesque violations of international law in the world today. It is a violation of all standards of morality. It violates the long-standing international consensus that chemical weapons represent a unique evil. Chlorine, mustard gas and other chemical weapons killed 90,000 people and injured more than 1 million during the First World War. In the history Canada in the Great World War, the Canadian soldier A.T. Hunter described it this way."The gas cloud gathered itself like a wave and ponderously lapped over into the trenches. Then passive curiosity turned to active torment — a burning sensation in the head, red-hot needles in the lungs, the throat seized by a strangler. Many fell and died on the spot. The others, gasping, stumbling with faces contorted, hands widely gesticulating and uttering hoarse cries of pain, fled madly through the villages and farms and through the city itself, carrying panic to the remnants of the civilian population and filling the roads with fugitives of both sexes and all ages".Chemical weapons did not produce the most casualties in the First World War, but they were the most feared. In the Second World War chemical weapons were employed on an industrial scale against civilians, resulting in the worst genocide in human history, which the United States recalled just yesterday on Holocaust Remembrance Day. That is what brings us here today. That is what chemical weapons are all about. That is why we must not stay silent in the face of the horrible use of chemical weapons in our own time.The first response to all of this death and injury was the 1925 Geneva Protocol, which banned the use of chemical weapons and more. Later, in 1993, the Chemical Weapons Convention was signed. It obligates all of its parties to never under any circumstances"develop, produce, otherwise acquire, stockpile or retain chemical weapons, or transfer, directly or indirectly, chemical weapons to anyone".It also prohibits all parties from helping anyone to engage in such activities. The United States is a party to the Convention. Russia is a party to the Convention. Every country that is currently a member of the Security Council is a party to the Convention. Even the Al-Assad regime has pledged to abide by the Convention, so in theory all of us agree on the core principle at stake today. No country can by allowed to use chemical weapons with impunity. Now that we have established what we all agree on, let us ask ourselves what we should be condemning today. We should be discussing the actions that truly brought us to this moment in time. We should not be condemning the country or group of countries that might have the courage to stand up in defence of our common principle against the use of chemical weapons. Instead, we should be condemning the country that has unilaterally prevented the Security Council from upholding it.Which member of the Council most exhibits unilateralism with regard to chemical weapons? It is Russia alone that has stopped at nothing to defend the Syrian regime's multiple instances of the use of chemical weapons. It is Russia alone that killed the Joint Investigative Mechanism, which enabled the world to ensure accountability for the use of chemical weapons in Syria. It is Russia alone that has used its veto six times to prevent the condemnation of Al-Assad's use of chemical weapons. It is Russia alone that has used its veto 12 times to protect the Al-Assad regime. To make matters worse, it was Russia alone that agreed to be the guarantor of the removal of all chemical weapons in Syria. If Russia had lived up to its commitment, there would be no chemical weapons in Syria and we would not be here today. That is the Russian record of unilateralism. It is a record that has led to the trashing of all international standards against the use of chemical weapons. This meeting should not be about so-called unilateral threats, but rather about the multiple actions that Russia has taken to bring us to this point.Our President has not yet made a decision about possible actions in Syria, but should the United States and its allies decide to act in Syria, it will be in defence of a principle on which we all agree. It will be in defence of a bedrock international norm that benefits all nations. Let us be clear. Al-Assad's most recent use of poison gas against the people of Douma was not his first, second, third or even forty-ninth use of chemical weapons. The United States estimates that Al-Assad has used chemical weapons in the Syrian war at least 50 times. Public estimates are as high as 200.In the weeks after Al-Assad's sarin-gas attack last April, which killed nearly 100 people, including many children, the regime used chlorine gas at least once and possibly as many as three times in the same area. Last November, just as the mandate of the Joint Investigative Mechanism expired, the regime again attacked its people with sarin in the Damascus suburbs.13/04/2018 Threats to international peace and security S/PV.8231 18-10728 7/22 In January, Al-Assad used at least four chlorine-filled rockets in Douma, and then he struck again last weekend. Thanks to Russia, there was no United Nations body to determine blame. But we know who did this; our allies know who did this. Russia can complain all it wants about fake news, but no one is buying its lies and its coverups. Russia was supposed to guarantee that Al-Assad would not use chemical weapons, and Russia did the opposite.The world must not passively accept the use of chemical weapons after almost a century of their prohibition. Everything the United Nations stands for is being blatantly defied in Syria, with the help of a permanent member of the Council. All nations and all peoples will be harmed if we allow Al-Assad to normalize the use of chemical weapons. It is those who act to violate the prohibition of chemical weapons who deserve our condemnation. Those who act to defend it deserve our support. The United States and its allies will continue to stand up for truth, accountability, justice and an end to the use of chemical weapons.Mr. Ma Zhaoxu (China) (spoke in Chinese): I thank Secretary-General Guterres for his briefing and deeply appreciate his tireless efforts on the issue of the Middle East and that of Syria.The current situation in Syria is perilous. The country is at the crossroads of war and peace, and China is following the developments there with great concern. The possibility of an escalation of tensions worries us deeply. The pressing priority of the moment is to launch a comprehensive, objective and impartial investigation into the relevant incidents in order to arrive at authoritative conclusions.China has consistently stood in favour of the peaceful settlement of disputes and opposed the routine use or threat of force in international relations. To take unilateral military action by circumventing the Security Council is inconsistent with the purposes and principles of the Charter of the United Nations and runs counter to the basic norms enshrined in international law and those governing international relations.Syria's sovereignty, independence, unity and territorial integrity must be fully respected. We call on the parties concerned to remain calm, exercise restraint, refrain from any move that could lead to further escalation of the situation and resolve the issue peacefully through consultation and dialogue. China is convinced that there can be no military solution to the Syrian issue; the only way out is a political settlement. China supports the United Nations in playing an active role in safeguarding the authority and standing of the Organization and its Security Council.China calls on the international community to steadfastly continue its diplomatic efforts, tirelessly stay the course so as to settle the Syrian issue politically, give full play to the role of the United Nations as the main mediator, and resolve without delay the Syrian issue comprehensively, justly and adequately, in keeping with the provisions of the relevant Security Council resolutions.The people of the world yearn for peace and oppose war. The situation in Syria has ramifications for peace and stability in the Middle East and the world at large, as well as for the credibility and authority of the Council. At this critical juncture, the Council must rightfully discharge its sacred responsibility emanating from the Charter of the United Nations; act in line with the dictates of our times; build unity and consensus and do its utmost to maintain peace; leave no stone unturned in its efforts to prevent war; and live up to the trust and expectations of the international community.China is and has always been a builder of world peace, a contributor to global development and a defender of the international order. China stands ready to continue its unflagging efforts to safeguard peace and stability in the Middle East and the world at large, in a spirit of responsibility to history and to the peoples of the world.Mr. Delattre (France) (spoke in French): I thank the Secretary-General for his statement.We are meeting today to address the threats to international peace and security that have arisen as a result of the situation in Syria, six days after the latest chemical-weapons carnage, on 7 April in Douma.For seven years, the situation in Syria has without a doubt constituted a grave threat to international peace and security as defined in the Charter of the United Nations. The Security Council itself characterized this as such unanimously on 27 September 2013, when resolution 2118 (2013) was adopted in the wake of the appalling chemical-weapons attacks that had taken place in eastern Ghouta. The world then learned for the first time and with horror of the symptoms of large-scale chemical-weapons-related deaths in Syria.S/PV.8231 Threats to international peace and security 13/04/2018 8/22 18-10728 To counter those who are seeking to sow confusion, going so far as to accuse the Syrian people of having gassed themselves; those who are suggesting conspiracy theories; those who are endeavouring methodically to destroy our mechanisms for action on chemical weapons in Syria, we must come back to simple facts. Yes, the Syrian crisis represents a threat to international peace and security. This threat is related to the repeated, organized and systematic use of chemical weapons by the Bashar Al-Assad regime, which once again reached new levels of horror with the two attacks perpetrated in Douma on 7 April last. Those attacks claimed the lives of at least several dozen people and wounded hundreds of others. Many of the injured will continue to suffer throughout their lives from the serious respiratory and neurological aftereffects of the chemicals used.There is no doubt once again as to the responsibility of Damascus for this attack. The facts collected on the ground, the symptoms of the victims, the complexity of handling of the substances used, and the determination of the regime's forces to subjugate the last pockets of resistance in Douma as expeditiously as possible and using every means at their disposal, all point to this.This is a well-known and documented modus operandi, given that an independent mechanism, created at the initiative of the Security Council, had already established at least four times since 2015 that chemical weapons had been used by the Damascus regime in Sarmin, Talmenes, Qmenas and Khan Shaykun — an investigative mechanism that a permanent member of the Security Council decided last November to force into silence.The chemical-weapons policy of the Bashar Al-Assad regime is among the most serious violations of all the norms that guarantee our collective security. It is first and foremost a violation of all international obligations relating to the prohibition of chemical weapons under the Chemical Weapons Convention, to which Syria is a party.Secondly, it constitutes a violation of the very foundations of international humanitarian law, namely, the principles of distinction, precaution and proportionality.Thirdly, it constitutes a breach of successive Security Council resolutions: resolutions 2118 (2013), 2209 (2015) and 2235 (2015) and therefore a breach of the obligations incumbent upon Syria under the Charter of the United Nations.Lastly, the use of chemical weapons against civilians, which was banned in 1925 under the Geneva Protocol, constitutes a war crime under the Statute of the International Criminal Court.The Secretary-General in August 2013 called the use of chemical weapons a crime against humanity. That chemical war is a tool to accelerate a deliberate policy of submission by terror, which, in seven years, has caused the deaths of 400,000 people, the deliberate destruction of civilian and health infrastructure in entire regions, a massive exodus of refugees and displaced persons and has fuelled international terrorism. This frightening picture is that of one of the most blatant threats to international peace and security in the contemporary era. It is also the record of those who, against all odds, continue to support it.I will once again have to state the obvious: if Syria has continued to use toxic substances for military purposes, it is because it has retained the capacity to use and manufacture them, in contravention of its international commitments, of the guarantees provided by Russia in the framework of the 2013 Russian-American agreement and of Security Council resolutions.It has already been several years since the Organization for the Prohibition of Chemical Weapons (OPCW) informed us of the major remaining doubts about the sincerity of Syria's initial declaration to the organization in 2013. Many of the OPCW's questions and requests for documents have gone unanswered. Syria has never provided a satisfactory explanation for the inspectors' discovery of substances and capabilities that Syria had never declared. We saw those capabilities again in action on 7 April, used to kill as many civilians as possible and terrorize the survivors to consolidate the definitive takeover of Douma by the Syrian regime.Beyond Syria, the prevailing impunity since 2013 affects the entire chemical non-proliferation regime, and with it the entire security system that we have collectively built since the Second World War. It is that collective security legacy, built to protect future generations from the outbreaks of violence in the two global conflicts, that the members of the Security Council have been mandated to protect. To allow the normalization of the use of chemical weapons without reacting is to let the genie out of the bottle. That would be a terrible setback to international order, for which we would all pay the price.13/04/2018 Threats to international peace and security S/PV.8231 18-10728 9/22 The Security Council, to which the Charter of the United Nations entrusts the primary responsibility for the maintenance of international peace and security on behalf of the entire international community, is therefore more than justified in meeting today. It is more than justified for the Council to note, once again, the violation of international law and its own resolutions, and the persistence of a proven threat to international peace and security. It is more than justified to urgently re-establish a mechanism for attributing responsibility for chemical attacks — that opportunity was given to the Council in vain, once again, on Tuesday (see S/PV.8228) with the American draft resolution (S/2018/321).The Council is more than justified in doing what it has committed itself to do, that is, to take measures under Chapter VII of the Charter of the United Nations. But in the face of the mass atrocities committed in Syria, the Council's action has been paralysed for several years by successive Russian vetoes. Russia vetoed 12 draft resolutions on Syria, including six on the chemical issue alone. Those vetoes had no other objective than to protect the Syrian authorities — to guarantee a regime of impunity, in defiance of all international standards. To allow the indefensible, Russia has deliberately chosen to sacrifice the ability of the Council to act, the most important tool of our collective security. We had proof of that again last Tuesday.On 7 April, Douma joined Ypres, Halabja and Khan Shaykhun in the litany of chemical massacres. I solemnly say that, in deciding to once again use chemical weapons, the regime reached a point of no return on 7 April. France will assume its responsibility to put an end to an intolerable threat to our collective security and to finally ensure respect for international law and the measures taken for years by the Security Council.A chemical attack like that of Douma, which consists in gassing the last inhabitants of a besieged enclave — even when it is about to fall, even when the last fighters are negotiating their surrender — is the height of cynicism. That is where we are after seven years of the regime's war against its people. This is the situation to which the world must provide a firm, united and resolute response. That is our responsibility today.It will also be essential to combat impunity for those responsible for the use of such weapons and, more broadly, for those who are responsible for the most serious crimes committed in Syria. France is fully committed to that endeavour. That is the purpose of the International Partnership against Impunity for the Use of Chemical Weapons, which we initiated last January. We will also continue to support and assist all international mechanisms in their work to investigate the most serious crimes committed against civilians in Syria.In addition to the chemical issue, continuing violations of international humanitarian law must cease without delay. We ourselves demanded it by unanimously adopting resolution 2401 (2018) — thwarted the day after its adoption by the resumption of bombardments by the regime with the active support of its allies, including those within the Council who had subscribed to the truce. Resolution 2401 (2018) has lost none of its relevance, quite the contrary — full and unhindered humanitarian access to help populations in distress must be implemented throughout the territory. It is essential and urgent that humanitarian convoys can reach eastern Ghouta safely and that civilians fleeing hostilities or in need of medical treatment can be protected.Finally, we can only sustainably resolve the Syrian crisis within the framework of a political solution and on the basis of the full implementation of resolution 2254 (2015). Only under those conditions can put an end to the suffering of the Syrian people, eradicate terrorism and work together for the stability of the Middle East. We have been calling for a political solution for seven years. May those who join us today in their concern about the consequences of the Syrian crisis finally force the regime to accept negotiations under the aegis of the United Nations.We cannot allow the most fundamental values and standards of humanity, such as those emanating from the Charter of the United Nations, be thwarted and flouted in front of our eyes without reacting. Those values and standards must be defended and protected. That is the reason behind our commitment — to restore the complete ban on chemical weapons set in stone within international conventions, and thereby consolidate the rule of law. It is the responsibility of those who believe, like France, in effective multilateralism led by a respected United Nations.We must stop the Syrian chemical escalation. We cannot allow a country to simultaneously defy the Council and international law. The ability of Damascus to violate all our norms constitutes a threat to international security. Let us put an end to it.S/PV.8231 Threats to international peace and security 13/04/2018 10/22 18-10728 Ms. Pierce (United Kingdom): The Secretary-General has presented a catalogue of danger in the Middle East, including Gaza, Yemen and Iraq. It is no disrespect to those issues that today, like other speakers, I will concentrate on Syria. The United Kingdom will be ready to put its shoulder to the wheel on those other issues when the time comes.The situation we face today and the reason we are in the Security Council today arise wholly and solely from the use of chemical weapons on the Syrian people, most probably by the Syrian regime — not just once, but consistently and persistently over the past five years. The highest degree of responsibility, to quote the Russian Ambassador, is indeed what the Council, and in particular its five permanent members, are for, and it is our duty to uphold.The British Cabinet met recently and concluded that the Al-Assad regime has a track record of the use of chemical weapons and that it is highly likely the regime is responsible for Saturday's attack. This is a further example of the erosion of international law in relation to the use of chemical weapons, as my French and American colleagues have set out, and it is deeply concerning. But more important than that, the use of chemical weapons cannot be allowed to go unchallenged. The British Cabinet has agreed on the need to take action to alleviate humanitarian distress and to deter the further use of chemical weapons by the Al-Assad regime. To that end, we will continue to work with our friends and allies to coordinate an international response.The Secretary-General mentioned the Cold War. Of course, the Cold War was bracketed by East-West cooperation. We have been on the same side as Russia. In April 1945, Russia liberated Vienna as part of our joint efforts to bring peace to Europe. In 1995, it passed the Dayton Accords at part of our joint efforts to bring peace and stability to Bosnia and Herzegovina. But in 2018 the Russians refuse to work with us to bring peace to Syria.Instead, since the first attack on Ghouta and chemical-weapons use, in 2013, the Joint Investigative Mechanism has ascribed two uses of mustard gas to Da'esh, three uses of chlorine to the Syrian regime and one use of sarin to the Syrian regime before the latest attack. As my French colleague has set out, the United Kingdom, the United States and France are members in good standing of the Chemical Weapons Convention. We are members and supporters of the Organization for the Prohibition of Chemical Weapons and its Fact-finding Mission. In the debates in the Security Council earlier this week, we would have dispatched an investigative mission, had Russia and Bolivia not blocked that effort (see S/PV.8228).Syria is the latest pernicious chronology of Russia's disregard for international law and disrespect for the international institutions we have built together to keep us collectively safe. This is revealed in actions over Georgia 10 years ago, over Malaysia Airlines Flight MH-17 and over the attack in Salisbury, which we will return to next week.Let me repeat what I said in the Security Council last week. My Government and the British people are not Russophobic. We have no quarrel with the Russian people. We respect Russia as a country. We prefer a productive relationship with Russia, but it is Russia's own actions that have led to this situation.What has taken place in Syria to date is in itself a violation of the United Nations Charter. No purpose or principle of the Charter is upheld or served by the use of chemical weapons on innocent civilians. On the contrary: to stand by and ignore the requirements of justice, accountability and the preservation of the non-proliferation regime is to place all our security — not just that of the Syrian people — at the mercy of a Russian veto. We will not sacrifice the international order we have collectively built to the Russian desire to protect its ally at all costs.The Russian Ambassador set out what Russia is doing on the ground in Syria. He thought that might be inconvenient for me to hear. However, it is not inconvenient for me to point out that Russia has given $5.5 million to the United Nations appeal. The United Kingdom has given a $160 million, and this is part of a contribution totalling $3.5 billion in all. It is not inconvenient for me to say that; it may be inconvenient for the Russian Ambassador to hear it.The Russian Ambassador also asked why we were not joining in and trying to stabilize actions in Syria and bring about peace. We have tried. Indeed, we have tried very hard to support Staffan de Mistura in getting the Geneva political process under way, and we shall continue to so. But we do not join Russia, because, sadly, its efforts have not been to try and restart the Geneva process. Instead, their efforts have been to support Syria in the use of chemical weapons and the 13/04/2018 Threats to international peace and security S/PV.8231 18-10728 11/22 bombardment of the Syrian people. In the area known as T-4, they helped the regime liberate this area but they took their eye off the ball and Da'esh took it back. They took it again, but, sadly, foreign fighters have been able to re-establish themselves there. This is not de-escalation. This is not political progress. This is a gross distortion by Russia of what is actually happening on the ground.The circumstances that we face today are truly exceptional. My colleagues from the United States and France have set out in great detail the catalogue of awful things that are happening to the Syrian people. That catalogue goes to the heart of what the Geneva Conventions, the non-proliferation regime, the United Nations and the Security Council are for. It is not only dangerous what Russia is doing in vetoing our resolutions and in supporting the Syrian regime's actions against its own people. It is ultimately prejudicial to our security. Indeed, it will let Da'esh re-establish itself. It is something that we believe we need to take action to defend.Mr. Skoog (Sweden): I thank the Secretary-General for his briefing today, for his efforts and for his good offices.Last weekend, reports once again began to emerge of horrifying allegations of the use of chemical weapons in Syria, this time in Douma, with reports of a large number of civilian casualties. Like many others, we were alarmed by these extremely serious allegations, and we called for an immediate, impartial and thorough investigation to establish the facts. In that regard, we welcome the fact that the Fact-finding Mission of the Organization for the Prohibition of Chemical Weapons (OPCW), which we fully support, has been deployed to Syria. Full access and cooperation by all parties must now be ensured.I want to reiterate once more that Sweden will spare no effort to combat the use and proliferation of chemical weapons by State or non-State actors anywhere in the world. We unequivocally condemn in the strongest terms the use of chemical weapons, including in Syria. It is a serious violation of international law, it constitutes a threat to international peace and security, and their use in armed conflict is a war crime. The international disarmament and non-proliferation regime must be safeguarded, which is best achieved through true multilateralism and broad international consensus.We share the outrage and the frustration of many in this Chamber about chemical-weapons use in Syria. Those responsible for such crimes must be held accountable. We cannot accept impunity.The conflict in Syria is in its eighth year, and we are at a dangerous moment. We fully share the deep concern expressed by the Secretary-General about the risks of the current impasse and the need to avoid the situation escalating and spiralling out of control and to pay further attention to the divides, tensions and fault lines in the region, as described again by the Secretary-General this morning.We remain deeply disappointed that the Security Council has been unable to agree and move forward on a substantial, swift, and unified response to the use of chemical weapons in Syria. We deeply regret that Russia once again used its veto and blocked the Council from taking action this week (see S/PV.8228). Over the past few days, we have tried to ensure that all peaceful means to respond have seriously been considered. We are working tirelessly to ensure that no stone is left unturned in efforts to find a way forward in the Security Council. The Secretary-General offered to support such efforts through his good offices, which is an opportunity that should be seized. That is why yesterday we circulated yet another proposal that asks for four things.First, it condemns in the strongest terms any use of chemical weapons in Syria and expresses alarm at the alleged incident in Douma last weekend, because the use of chemical weapons constitutes a serious violation of international law.Secondly, it demands full access and cooperation for the OPCW Fact-finding Mission, because we need facts and evidence about what happened in Douma last weekend.Thirdly, it expresses the Council's determination to establish a new impartial, objective and independent attribution mechanism based on a proposal by the Secretary-General, because the perpetrators of chemical-weapons attacks must be identified and held to account, and, to that end, we need a new mechanism.Fourthly, it requests the Secretary-General to dispatch immediately a high-level disarmament mission to Syria because we need to resolve all outstanding issues on chemical weapons and rid Syria once and for all possible chemical weapons that might still exist in S/PV.8231 Threats to international peace and security 13/04/2018 12/22 18-10728 the country. Such a mission would add political and diplomatic leverage to the necessary technical and professional work of the OPCW. We therefore call on all members of the Council to muster the political will and respond to the appeal by the Secretary-General so as to come together and move forward.The use of chemical weapons is a grave threat to international peace and security. It is indeed deplorable that the Council has not yet been able to come together and agree on a timely and firm response. Even though the use of chemical weapons in itself violates international law, any response must comply with international law and respect the Charter of the United Nations. The time has now come to urgently revert to a political process under United Nations auspices for a political solution in line with resolution 2254 (2015), and for Syria and the Astana guarantors to move forward without further delay and live up to their commitments so that resolution 2401 (2018), which demands the cessation of hostilities and humanitarian access, can be fully and urgently implemented. That is the only way to end to the suffering of the Syrian people and end the brutal seven-year-long conflict.We firmly believe that there is a way for the Council to shoulder its responsibilities under the Charter. We believe that there continues to be a way for the Council to come together. We believe that we need to ensure that we have exhausted every peaceful effort and every diplomatic option to stop further atrocities from being carried out in Syria, hold those responsible to account, come to terms once with the chemical-weapons issue in Syria, cease hostilities and find a political solution.Mr. Ndong Mba (Equatorial Guinea) (spoke in Spanish): First of all, on behalf of the Republic of Equatorial Guinea, I thank Secretary-General António Guterres for having illustrated for us the chaotic and dangerous situation currently prevailing in the Middle East by providing a detailed overview of every one of the conflicts in that vulnerable region, from Libya to the desolate and devastating crisis in Syria, which, as all evidence suggests, runs the imminent risk of dramatically deteriorating.In line with the statement of the Secretary-General, we reaffirm Equatorial Guinea's firm belief that in confronting such situations we must always have recourse to dialogue and establish and respect mechanisms intended for achieving the peaceful settlement of conflicts until such options are exhausted. A unilateral military response could be counterproductive, and, far from solving the problem, it would lead to more suffering and chaos than already present, as the Secretary-General indicated — and additional disorder as in case of Libya, with which we are well familiar in Africa, and the consequences of which affect the entire Sahel region and part of Central Africa. We stand categorically against the use of force with the sole exception that it be justified under the conditions set forth under the Charter of the United Nations Charter and that it be used as a last resort after all other means have been exhausted.We are concerned about the rhetoric that is being used. It sounds dangerously familiar to us, and we do not like where it might lead us. We appeal to Governments' sense of responsibility, and in particular to the permanent members of the Security Council, as we believe that they have the additional responsibility of defending the relevance of the Council.We would like to ask the following questions. Who benefits from the inability of the Security Council to make decisions? Are we contributing to delegitimizing the Council? Are we actively eroding the Council's relevance in the international political arena? If the Council is unable to take action, how long will it take before the international community withdraws its faith, hope and trust in the Council?There is no military solution to the Syrian issue. We must therefore continue to look for ways to solve the problem through diplomatic channels. All Council members must act responsibly and agree to establish an independent and impartial monitoring mechanism to ascertain what took place in Douma and ensure accountability and that the perpetrators are brought to justice.The Secretary-General stated his disappointment with the Council's failure to establish a mechanism that would identify and attribute responsibility to those using chemical weapons. We could not agree more with that statement. Only a few days ago, our delegation stated its frustration when the Council failed to adopt three draft resolution put to the vote (see S/PV.8228). The Secretary-General's offer concerning his good offices must be considered, and we must provide him with that opportunity.In conclusion, we reiterate the position of Equatorial Guinea in arguing against and condemning 13/04/2018 Threats to international peace and security S/PV.8231 18-10728 13/22 the use of chemical weapons and other weapons of mass destruction regardless of who uses them.Mr. Llorentty Solíz (Plurinational State of Bolivia) (spoke in Spanish): I thank you, Sir, for having convened this meeting. We welcome the presence of the Secretary-General among us. His assessments are always very precise and useful, and we thank him for the intensive work that he is doing for the benefit of upholding the purposes and principles of the Organization.For some reason, some members of the Security Council are avoiding addressing the main reason for convening this meeting, which is that one State Member has threatened the unilateral use of force in violation of the Charter of the United Nations. Much has been said about the use of chemical weapons, and Bolivia would like to make clear its total and absolute condemnation of the use of chemical weapons or the use of chemical agents as weapons as unjustifiable and criminal acts wherever, whenever and by whomever they are committed. For their use is a grave crime under international law and against the interests of international peace and security. Those responsible for committing those terrible and criminal acts must be identified, investigated, prosecuted and punished. We demand a transparent and impartial investigation that must identify those responsible for any act of the use of chemical weapons.Needless to say, it is essential that the Security Council ensures an independent, impartial, complete, conclusive and, above all, depoliticized investigation. We regret that the Security Council has as yet failed to achieve that objective. Nonetheless, we will support all work intended to accomplish that goal. It is crucial that the Council continue to discuss the issue of the use of chemical weapons, but I reiterate that what has brought us together at this meeting is the threat of one State Member' illegal use of force.Over the past 72 years, humankind has built a framework that is not only physical or institutional, but also juridical. Humankind has setup instruments of international law intended precisely to prevent the most powerful from attacking the weakest with impunity so as to establish a balance in the world and prevent grave violations to international peace and security. We have built an international system — the Security Council is clear evidence of it — based on rules. It is the duty of the Council and of all the organs of the United Nations to respect those rules and defend multilateralism. The Charter of the United Nations, which prohibits unilateral action, must be upheld.Another key detail to remember is that the Security Council is not representative of the five permanent members it comprises, nor of its 15 members seated around this table; rather, it represents the entire membership of 193 States, both the nations and their peoples. The Security Council must not be utilized as a sounding board for war propaganda nor interventionism. It should also not be made into a pawn to be sacrificed on the chessboard of war, geopolitics and petty interests.We have heard many stories from history about the prohibition of chemical weapons, and Bolivia is an active participant in that system, but I would like to talk about the story of our Charter. When one is unsure about how to act under certain circumstances, I read that the best way to settle such uncertainty is to recall the principles of the French Revolution and reflect on where the principles of liberty, equality and fraternity are upheld. Those principles form part of the genesis of the Charter. Another part comes from the Magna Carta, of course, which, for the first time in history, limited the exercise of power precisely to defend the weakest.Another antecedent to the Charter is the Yalta Conference. I read that the Conference established the system of control and checks and balances, which is the Security Council with its five permanent members. Bolivia did not attend the Conference. As I understand it, just Churchill, Roosevelt and Stalin were present. The outcome of the Conference was ratified at the San Francisco Conference a few months later in 1945. That is the system that we have agreed to uphold, which is why I believe that is essential to understand the principles of our Charter. Our Charter is not words on page, meant to hand out to tourists visiting the United Nations Headquarters, but rather a set of norms that we have agreed to comply with and uphold. Article 2 states that"The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles."Principle 4 of Article 2 reads,"All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of S/PV.8231 Threats to international peace and security 13/04/2018 14/22 18-10728 any state, or in any other manner inconsistent with the Purposes of the United Nations."That is to say that any use of force must be authorized by the Security Council, in accordance with the Charter. Any form of unilateral action therefore contravenes international law and the purposes and principles of the Charter.Another point worth mentioning is that we have listened, with due respect, to our colleagues speak about the criminal use of chemical weapons, and we completely agree with them on that. However, it would be very dangerous to fight an alleged violation of international law with another violation of international law and the Charter. That is why, in this specific case, we hope that there is an independent, impartial, comprehensive and conclusive investigation.Allow me to offer a clarification to my dear colleague from the United Kingdom. While Bolivia voted against one draft resolution, it voted in favour of two others. It voted against the one because, regrettably, this platform was being exploited for political motives. Draft resolutions are presented for nothing more than the spectacle of it, for the television cameras. Draft resolutions are presented knowing that they will be vetoed, and not all efforts are put forth to reach consensus, though that is what we normally do for resolutions.We believe that this meeting is very important because we not only discussing an attack on a Member State, or the threat of a military strike against a Member State of the United Nations, whichever it may be, but rather because we are living at a time of constant attacks on multilateralism. Let us recall that the achievements in the Paris Agreement on Climate Change have been undermined. Let us recall that the gains reached with the Global Compact for Migration have been eroded. Let us recall that there is a clear policy and mindset of multilateralism subversion. What happens is that for some the discourse on human rights is used until it no longer serves their interests, and then they violate those rights.My region is a witness to that. We endured Operation Condor, as it was called, during the 1970s, which was planned by the intelligence services of some Member States. When democracy did not suit them, they financed coups d'etat. When they were unhappy with the discourse on human rights, they infringed human rights. When the discourse of democracy was no longer enough, they were ready to finance coups d'etat. The use of unilateral practices leaves behind unhealed wounds, despite the passage of time.Some of the members of the Council have spoken on the situation in Iraq and Libya, which I believe are some of the worst crimes that have been committed this century. The invasion of Iraq, with its dire consequences, left more than 1 million dead. The effects of the strikes against Libya and the regime-change policies imposed on it, which, as my colleague from Equatorial Guinea aptly said, they still feel, suffer and endure throughout the entire region of the Sahel and Central Africa. But no one wants to talk about the root causes of those conflicts, and no one will talk about the impunity enjoyed for those serious crimes. It warrants repeating. Those are the most serious crimes committed this century. We hope that all the members of the Security Council, given the high degree of responsibility we have — 10 of us elected by the membership and five enjoy the privilege to have a permanent seat on the Council with the power of veto — must lead by example for the rest of the membership on the fulfilment of the purposes and principles of the Charter.By way of conclusion, I would like to reiterate what former Secretary-General Ban Ki-moon said in a similar situation in 2013: "The Security Council has the primary responsibility for the maintenance of international peace and security". That is my appeal. Everything must be addressed within the framework of the Charter. The use of force is legal only in the exercise of the right to self-defence, in line with Article 51 of the Charter, or when the Security Council approves such action. That was the reason for the meeting, and Bolivia's position is to categorically condemn any threat or use of unilateral force.Mr. Alotaibi (Kuwait) (spoke in Arabic): At the outset, I would very much like to thank the Secretary-General for his valuable briefing today. We share his concern about the fact that the Middle East is experiencing crises and challenges that unquestionably represent threats to international peace and security. The situation will undoubtedly deteriorate if the Security Council resolutions are not implemented by the relevant parties.The question of Palestine, the practices of the Israeli occupation there and its continued violations of international humanitarian law, international human rights law and the relevant Security Council resolutions 13/04/2018 Threats to international peace and security S/PV.8231 18-10728 15/22 are testament to that. The most recent is its repression of peaceful protests in Gaza and the use of excessive force. That led to the deaths of dozens of civilians and injuries to hundreds as they exercised their legitimate right to demonstrate peacefully in support of the March of Return. Kuwait condemns those Israeli practices in the strongest terms. We regret that the Security Council has not taken action to condemn such acts of repression or to call on the Israeli occupation forces to end them. The Israeli occupying Power should not be an exception. Everyone should respect and abide by international law and the Charter of the United Nations and should implement the relevant Security Council resolutions with the aim of achieving a just, comprehensive and lasting peace that can fulfil the Palestinian people's legitimate political right to establish their own State on their own land, with East Jerusalem as its capital.We have had a number of meetings over the past few days. Today's meeting would not have taken place if we had been able to agree on a new mechanism to investigate the allegations of the use of chemical weapons in Syria. This disagreement has led to deep divisions among the members of the Security Council. We must step up our efforts to advance the stalled political process in Syria. We have been concerned about escalating tensions among all parties since the beginning of the year. Through the adoption of resolution 2401 (2018), which primarily calls for a cessation of hostilities throughout Syria for at least 30 days, we tried to improve the humanitarian situation. Unfortunately, however, it has not been implemented and has in fact been violated in flagrant disregard for the will of the international community.We share the concern and disappointment of the Secretary-General about the deteriorating situation in Syria and the ongoing allegations of the use of chemical weapons, and support his call for an agreement on a new mechanism to ensure accountability and end impunity in Syria. We reiterate our support for the efforts of the Fact-finding Mission of the Organization for the Prohibition of Chemical Weapons to establish the facts surrounding the alleged use of chemical weapons in Douma, in eastern Ghouta, and emphasize that there must be accountability for the perpetrators of those crimes, if they are confirmed.In view of our responsibility as members of the Council, we should do our utmost and not lose hope, and we should continue our efforts to agree on the establishment of an independent, impartial and professional mechanism for attributing responsibility and ensuring accountability. The continued violations of international humanitarian law, international human rights law and the relevant Security Council resolutions, including resolution 2118 (2013), by the warring parties in Syria further convince us that, in the case of grave violations of human rights or crimes that amount to war crimes or crimes against humanity, there should be a moratorium on the use of the veto as a procedural matter, so that such tragedies for innocent civilians are not repeated.The State of Kuwait takes a principled and firm position, in line with that of the League of Arab States. We call for preserving the unity, sovereignty and independence of Syria, as well as for a cessation of the violence and hostilities in order to put an end to bloodshed, protect the Syrian people and achieve a peaceful settlement. This would be done under the auspices of the United Nations and through the efforts of the Secretary-General's Special Envoy to Syria, based on the Geneva communiqué of 2012 (S/2012/522, annex) and resolution 2254 (2015), with the aim of achieving a political transition agreed on by all sectors of Syrian society and of meeting their legitimate aspirations.Mr. Umarov (Kazakhstan): We join others in expressing our appreciation to the Secretary-General for his insightful briefing and personal presence at today's meeting. In our view, since his appointment as steward of this world Organization, he has ceaselessly promoted a very important approach, which is the use of amicable and preventive diplomacy.Following an alert to the world, the Security Council underlined in its first presidential statement of 2018, on preventive diplomacy and sustaining peace (S/PRST/2018/1), adopted during Kazakhstan's presidency of the Security Council, that the ways to address conflict may include measures to rebuild trust by bringing Member States together around common goals. That has been particularly important in situations where international relations have featured confrontations and tension behind which the contours of a global war are increasingly apparent. We are right now in a moment when we must exercise special caution and vigilance in making decisions about our actions, especially in the Middle East. We believe that it is time to tap into all the tools available for a comprehensive strategy of preventive diplomacy in order to avoid the very serious consequences of any S/PV.8231 Threats to international peace and security 13/04/2018 16/22 18-10728 military action that could have repercussions for global security and stability.The recent escalation of the rhetoric on Syria and the threat of the use of unilateral actions has left the delegation of Kazakhstan deeply concerned about the unfolding situation, which has the potential to endanger the maintenance of international peace and security. We all bear a responsibility for complying with international law and order, and none of our countries has the right to violate the Charter of the United Nations or to act or threaten to act unilaterally with respect to a sovereign nation under any pretext, unless that is decided by the Security Council. The Security Council is a collective body and is designed to take balanced decisions with regard to the issues of peace and security. We can agree or disagree, but we are mandated to work together to achieve a decision for which we have to bear a collective responsibility.Kazakhstan believes that the most effective way to prevent conflicts is to use diplomacy and mediation, not military means. We look forward to the next round of talks to be held in Geneva and in our capital, Astana, when the parties will address the stepping up of efforts to ensure observance of their respective agreements, among other issues.In addressing the disputes over the issue of the alleged use of chemical weapons in Douma in Syria, which has provoked the most recent tension in international relations, we consider it necessary to state the following. Kazakhstan strongly condemns any use of chemical weapons, if confirmed. Impunity is not permissible. We should act resolutely to stop any further use of such inhuman weapons, but we should act on the basis of proven facts. In this particular case, where there are doubts about the actual use of a poisonous substance, Kazakhstan calls on the members of the Council to be patient, at least until the expert group of the Fact-finding Mission of the Organization for the Prohibition of Chemical Weapons (OPCW) to Syria is deployed to the site of the alleged attack and can report on the findings of its investigation, particularly given that yesterday we learned that the Syrian Government has granted visas for the OPCW investigators and pledged to facilitate access to the sites of the alleged chemical attack. We should first establish and understand the scientifically and professionally ascertained facts, after which the Council should decide on the appropriate line of action to take.At this stage, any military action or threat of it without the prior approval of the Security Council is undesirable. It could have a long-lasting negative impact that would be very difficult to overcome and could result in unprecedented and unanticipated complications. Kazakhstan remains committed to the Charter of the United Nations and to all Security Council resolutions aimed at resolving the political and humanitarian aspects of the Syrian conflict. We believe it is crucial to exercise restraint and refrain from any rhetoric that might exacerbate the already fragile and volatile situation. Such a pause for reflection on the consequences is essential to preserving international peace and security.In the light of the prevailing circumstances, it is more critical than ever that all Council members implement resolution 2401 (2018). The crisis in Syria can be resolved only through an inclusive and Syrian-led political process, based on the Geneva communiqué of 30 June 2012 (S/2012/522, annex), subsequent Security Council resolutions and the relevant statements of the International Syria Support Group. Lastly, we fully endorse the views articulated by the Secretary-General on 11 April about the risks of the current impasse that we are witnessing today (see SG/SM/18984). We must at all costs avoid the situation spiralling out of control. Our ultimate goal should be to put an end to the horrific suffering of the Syrian people and to help them to move forward on a path of peace and progress.Once again, this is an alarming moment, and we need to work together to restore unity and effectiveness in the Security Council by rebuilding trust and consensus in order to preserve global peace and security. We need cooperation within the Council to establish a workable attribution mechanism, which we passionately advocated today in this Chamber. Let us make it happen and transform our words into real deeds. The delegation of Kazakhstan is ready for that and calls on its colleagues to go the extra mile in that direction.Mr. Alemu (Ethiopia): We thank the Secretary-General for his briefing and deeply appreciate his efforts to weigh in on the grave challenge that we are facing, in order to ensure that what should and must be avoided will not happen because of miscalculation or a lack of thoughtfulness or of appreciation for the tremendous responsibility that the Security Council, especially its permanent members, bears. The Cold War is back with a vengeance, the Secretary-General said, but this time, he went on to tell us, in a less managed 13/04/2018 Threats to international peace and security S/PV.8231 18-10728 17/22 manner. It is difficult to quarrel with him. His approach was quite comprehensive, focusing, as he said, on the multiplicity of dangerous conflicts that the Middle East is facing. While his approach may be better, I choose to focus on Syria because it is the current flashpoint.Following the alleged chemical attacks in Douma, it is regrettable that the Council was not able to adopt a resolution to create an independent, impartial and professional investigative mechanism for identifying those responsible for the use of chemical weapons in Syria. This is a problem that has been with us for some time and a reality that sadly reflects the lack of unity in the Council even on matters that are manifestly in the common interest of all. We certainly welcome the deployment of the Organization for the Prohibition of Chemical Weapons Fact-finding Mission to Syria to establish the facts surrounding the alleged use of chemicals as weapons. We have repeatedly stated that using chemicals as weapons is inhumane, and we condemn their use by any actor under any circumstances. One matter remains, and that is establishing a mechanism for attribution. We hope that will be done as soon as possible, but that does not mean that in the meantime we should cease to exercise maximum restraint in the interests of peace.Right now, pragmatic considerations and simple rational calculation suggest that we must get our priorities right. We need to continue to live if we are to be able to fight evil. We have continued to express our deep concern about the current dynamics in Syria and their devastating implications for regional and international peace and security. We fully concur with the Secretary-General, who stressed in his statement of 11 April that it is vital to ensure that the situation does not spiral out of control (see SG/SM/18984). He stressed that legitimate concern again today. The Security Council, as the principal body responsible for the maintenance of international peace and security, should not and cannot allow that to happen. At a time when we are talking about preventive diplomacy — as well as after appointing a Secretary-General who told us, in his maiden speech to the Council (see S/PV.7857), that prevention is not merely a priority, but the priority — now is the time for the United Nations to undertake the search for diplomacy for peace in earnest. If we are seriously committed to moving our Organization from a culture of reaction to one of prevention, now is the time to stand firm, speak with one voice and take proactive and collective action that can be respected by all major stakeholders.That requires the Council to be united for global peace and security. We know that is difficult, but we believe that we have no other sane option. This is the time for the Security Council to stand up and be counted. The Security Council is the custodian of the Charter of the United Nations, which, growing out of the devastation of the Second World War, promised to save succeeding generations from that scourge. That is a clarion call the Council should heed and act on. The situation should not be allowed to spiral out of control. The Secretary-General is right and the Council should listen to him.Mr. Van Oosterom (Netherlands): We thank the Secretary-General for his comprehensive and insightful briefing. His statement rightly focused on the broader Middle East. However, I will focus on the most pressing issue at hand, the use of chemical weapons in Syria.The Charter of the United Nations starts with the words "We the peoples of the United Nations", and while the Russian Federation is blocking the Council from taking effective action on the crimes of Russia's ally Syria, all peoples of every nation are outraged by the continued unrestrained violence that the Syrian regime has unleashed against its own people. As the Secretary-General just said, the people of Syria have lived through a litany of horrors. No responsible Government can ignore the universal outrage that those horrors have provoked.Our collective incapacity in the Council to stop the crimes in Syria should weigh heavily on the conscience of all our members, but on the conscience of one permanent member in particular. It was our collective conscience that created the Charter of the United Nations. It was our collective conscience that created the Chemical Weapons Convention. The use of chemical weapons is unlawful in and of itself. It is a violation of the Charter of the United Nations. It is a serious violation of international law and may constitute a war crime and a crime against humanity.We strongly believe that the international community must fully uphold the standard that the use of chemical weapons is never permissible. As the Secretary-General just said, the norm against the use of chemical weapons must be upheld. The non-proliferation regime must be upheld. Accountability for the use of chemical weapons in Syria is therefore neither optional S/PV.8231 Threats to international peace and security 13/04/2018 18/22 18-10728 nor negotiable. The images of last weekend's attack in Douma are appalling. Atrocities have once again been inflicted on Syria's civilian population. Once again, dozens of innocent civilians have been killed and hundreds injured. The Kingdom of the Netherlands believes that it is highly likely that the Syrian regime is responsible for the attack. It has a proven history of such attacks, having used chemicals as a weapon against its own people in 2014, 2015 and 2017. It is unacceptable that four years after Syria joined the Chemical Weapons Convention, its declarations can still not be verified as accurate or complete.The Kingdom of the Netherlands is a long-time supporter of fighting impunity when it comes to chemical weapons. Regrettably, all attempts to achieve accountability in the Council have failed. Referral to the International Criminal Court was vetoed. The renewal of the mandate of the Joint Investigative Mechanism (JIM) was also vetoed. This week, accountability was again vetoed. With its vetoes, the Russian Federation has assumed much responsibility for the crimes committed by the Syrian regime. The draft resolution for a new accountability mechanism that was vetoed this week remains the bare minimum of what is acceptable to the Kingdom of the Netherlands. We will not settle for anything less than an independent, impartial attribution mechanism that can ensure that the culprits of that vicious attack will be identified and held accountable.No veto can wipe from our memory the clear findings presented by the JIM on the use of chemical weapons by the Al-Assad regime and Da'esh. No veto can stop our compassion for the victims of the chemical-weapon attack last weekend. No veto can end our determination to achieve justice for the victims and for the people of Syria as a whole.In conclusion, the Kingdom of the Netherlands remains committed to fighting impunity. We reiterate our strong support for an international, impartial and independent mechanism, the Commission of Inquiry, the International Partnership against Impunity for the Use of Chemical Weapons and a referral of the situation in Syria to the International Criminal Court in The Hague, as the most appropriate path to accountability and justice. At the heart of our policy on Syria is a deep desire for peace and justice for its people. Impunity cannot and will not prevail.Let me end with warm words of appreciation to the Secretary-General and his tireless efforts for justice and the international legal order.Ms. Wronecka (Poland): I would like to thank the Secretary-General for his comprehensive briefing and to assure him of our full support in finding a political solution to all conflicts, not just the one in Syria.Since we are discussing the situation in the Middle East and in particular the current situation in Syria, let me begin with a very sad observation. Even with our unanimously adopted resolutions, such as resolution 2401 (2018), we are still not seeing any substantial change on the ground. The fighting is far from being over and the human suffering is tremendous. Taking into consideration the current situation and the growing risk of the loss of human life owing simply to a lack of food or medicine, we should try to do our utmost to find possible ways to ensure that life-saving aid convoys can reach those in need. Unfortunately, that applies not only to eastern Ghouta but also to Idlib and Aleppo provinces. We must find a way to alleviate the suffering of ordinary Syrians. The civilian population in Syria has already suffered too much.International public opinion is watching our meetings and sees our lack of agreement on the most basic principles under international humanitarian law. The Council bears enormous responsibility and will be held accountable for its actions. We therefore call on the Council to take the necessary steps to ensure that all the parties to the conflict, especially the regime and its allies, implement the ceasefire, enable humanitarian access and medical evacuations and fully engage in the United Nations-led talks in Geneva, in line with resolution 2254 (2015) and the 2012 Geneva communiqué (S/2012/522, annex), which represent the best path to peace.With regard to the issue of chemical weapons, a century ago that was a normal way to wage war. Just recently we commemorated the hundredth anniversary of the first use of chemical weapons, on the Western and Eastern fronts of the First World War alike. French, British, American and other Allied soldiers were targeted with chlorine in Ypres, while Russian soldiers were dying from the same gruesome weapons in Bolimów, now part of Polish territory. Now, a century later, we are being challenged by these ghastly weapons yet again. Our nations are seeing the effects of the same 13/04/2018 Threats to international peace and security S/PV.8231 18-10728 19/22 toxic gas through the images of civilians who sought refuge in basements in Ghouta and other areas in Syria.Chemical weapons were banned when the Chemical Weapons Convention (CWC) cam into effect in 1997. We had begun a new chapter in the history of non-proliferation and disarmament. All of us in this Chamber agree that the use of chemical weapons by anyone, anywhere is deplorable and unacceptable. Can we really allow the success story of the CWC to be reversed? Will the Security Council allow the vision of a world free of chemical weapons to be destroyed? It is regrettable that the establishment of an independent, impartial investigative mechanism on the use of chemical weapons in Syria was vetoed on Tuesday (see S/PV.8228), thereby enabling those responsible for chemical attacks to remain unpunished. Accountability for such acts is a requirement under international law and is central to achieving durable peace in Syria. As members of the Security Council, we must find a way to reach agreement on how to properly respond to chemical attacks in Syria. We hope to see the Fact-finding Mission of the Organization for the Prohibition of Chemical Weapons (OPCW) deployed to Douma as soon as possible. We reiterate our appreciation to the Director-General and staff of the OPCW for their commitment to its goals and work, often in particularly challenging circumstances.Mr. Tanoh-Boutchoue (Côte d'Ivoire) (spoke in French): The delegation of Côte d'Ivoire thanks Secretary-General António Guterres for his briefing on new developments in the critical situation in several countries in the Middle East, in particular Syria, since the Security Council considered the issue on 9 and 10 April (see S/PV. 8225 and S/PV. 8228).Despite the relative lull in the fighting in Syria, the humanitarian situation remains troubling in the light of the allegations of the recurring use of chemical weapons by parties to the conflict. As a result of its internal divisions, despite our goodwill, the Council has failed to ensure the implementation of resolution 2401 (2018), which we adopted unanimously in order to deliver humanitarian assistance to people in need. In the light of the continuing reports of the use of chemical weapons in Douma, the Council was unable to reach an agreement on a statement that at the very least would have conveyed our solidarity to the Syrian people at this difficult time. The delegation of Côte d'Ivoire remains concerned by the current impasse in the Security Council, which has, unfortunately, prevented it from reaching agreement on a mechanism to combat impunity vis-à-vis the use of chemical weapons in Syria.In this context, we reiterate our support for the impartial, transparent, independent investigation to be conducted by the Fact-finding Mission of the Organization for the Prohibition of Chemical Weapons with the aim of shedding light on allegations of the use of chemical weapons in Douma, in eastern Ghouta.Côte d'Ivoire reiterates its strong condemnation of any use of chemical weapons, by any party, during peacetime or during wartime. Once again we beseech members of the Council to unite so as to set aside their differences and successfully set up an accountability mechanism to ensure that those who use chemical weapons are held accountable.We remain alarmed by the tensions stemming from the current political impasse, and we encourage the Secretary-General to make use of his good offices with stakeholders to restore peace and calm, in order to prevent any further escalation of the situation. To that end, my country invites all parties to exercise restraint so as to peacefully resolve this issue and in so doing safeguard international peace and security, which is our shared legacy.Côte d'Ivoire reaffirms our conviction and our principled position that there can be no military response to the crisis in Syria. The solution needs to be sought through dialogue and an inclusive political process, as stipulated in the road map set out by resolution 2254 (2015). My country remains convinced that dialogue alone will lead us to an equitable settlement of the conflict in Syria.The President (spoke in Spanish): I shall now make statement in my capacity as the representative of Peru.We would like to express our gratitude for the briefing by Secretary-General António Guterres and to thank him for his willingness to help to achieve a solution to the impasse in which the Security Council currently finds itself. We encourage him to continue to spare no effort in this respect, in line with the prerogatives conferred upon him by the Charter of the United Nations.Peru expresses its deep-rooted concern at the divisions that have emerged in the Council, in particular between its permanent members, and at the regrettable use of the veto, which limits our capacity to maintain S/PV.8231 Threats to international peace and security 13/04/2018 20/22 18-10728 international peace and security and to resolve the humanitarian conflicts and crises that form our agenda.We note with alarm the fact that the conflict in Syria continues to involve atrocity crimes committed with impunity and that it has deteriorated into a serious threat to regional and global stability, to the point where it is giving rise to serious tensions.With respect to reports of the further use of chemical weapons in Douma, we believe it necessary to resume, as a matter of urgency and in a renewed spirit of compromise, negotiations that will lead to ensuring full access, as required, for the Fact-finding Mission of the Organization for the Prohibition of Chemical Weapons, which is being deployed in Syria to determine what happened; and to create a dedicated, independent, objective and impartial mechanism to attribute responsibility.On that understanding, we believe it important to recall once again that there can be no military solution to the Syrian conflict and that any response to the barbaric events taking place in that country must be in keeping with the norms of international law and the provisions of the Charter of the United Nations.We recall also that in its resolution 2401 (2018), the Council ordered a humanitarian ceasefire throughout the entire Syrian territory, and that it is urgent to make headway in the political process in line with resolution 2254 (2015) and the Geneva communiqué (S/2012/522, annex). As the Secretary-General himself said, of particular concern is the potential threat posed by the current deadlock. We must at all costs prevent the situation from spiralling out of control. This must not occur given that our duty is to put an end to the suffering of millions of people and to impunity for atrocity crimes.Peru reiterates its commitment to living up to the lofty responsibility that the maintenance of international peace and security entails. My delegation will continue to work towards a solution to the conflict and protect the Syrian people, in keeping with the Charter of the United Nations and international law.I now resume my functions as President of the Council.I would like to recall the statement by the President of the Security Council contained in document S/2017/507, on the length of interventions.Mr. Ja'afari (Syrian Arab Republic) (spoke in Arabic): First, I should like, on behalf of my Government, to express our condolences to the people and the Government of Algeria in connection with the tragic military plane crash that claimed the lives of 247 passengers.Secondly, I welcome the participation of the Secretary-General in this very important meeting. I thank him for his comprehensive and accurate briefing, which made clear that he and others in the Council did in fact understand this meeting's agenda item. He spoke in a manner commensurate with the threats to international peace and security posed by the allegations and accusations against my country and its allies.My colleague the Ambassador of Sweden said that the use of chemical weapons is a war crime. This is true. I agree with him, as does my Government. However, I would ask him whether he believes that war in itself is a crime and needs to be stopped and prevented. Perhaps this would be a very good title for a book by the Stockholm International Peace Research Institute, and perhaps this would make clear to Member States that war in itself is a crime.My colleague the representative of the United States said that the Syrian chemical weapons that killed civilians had been used 50 times; that is what she said. Chemical weapons were used 50 times and killed 200 civilians. Imagine that — the Syrian Government reversed the course of the global terrorist war against my country by killing only 200 civilians after having used chemical weapons 50 times. Are these not the words of amateurs? This is a scenario for DC Comics' Superman series. Is that how the White House strategists think — that a certain Government has used chemical weapons 50 times to kill 200 civilians? How is that logical?My American colleague overlooked one important detail — that her country, on board the MV Cape Ray, destroyed the Syrian chemical stockpiles in the Mediterranean, along with ships from Denmark and Norway. How could it be that the experts in the United States delegation did not tell her that Ms. Sigrid Kaag told the Security Council in June 2014 that there were no more chemical stockpiles in Syria. Could they have simply forgotten all of that?Some believe that the massive western military forces in the eastern Mediterranean are due to a Sufi Western affection for a handful of terrorist yobs in 13/04/2018 Threats to international peace and security S/PV.8231 18-10728 21/22 Douma. By the way, those yobs were chased out to the North, as the Council is aware. They are now on their way to Saudi Arabia and thence to Yemen. They will be recycled and used on other fronts, including Yemen. No, the massive military forces in the Mediterranean do not target that handful of terrorists. They target the State of Syria and its allies. That should be the topic discussed today in this meeting.My colleague the American Ambassador was not horrified that her country used 20 million gallons of Agent Orange in Viet Nam in 1961, killing and injuring 3 million Vietnamese. Four hundred thousand children are born with deformities every year due to the use of Agent Orange at that time. She was not horrified by her country's forces killing thousands of Syrians in Raqqa and thousands of Iraqis in Fallujah and Mosul through the use of white phosphorus, which is a chemical weapon. I ask my colleague, the Ambassador of Sweden: Is that not a war crime?I would like to read a remark of the former Defence Minister of Britain, Mr. Doug Henderson. He spoke of the use by his country and the United States of white phosphorus in Iraq. I would ask my friend the British Ambassador to listen to this. Mr. Henderson said that it was unbelievable that the United Kingdom would occupy a country — meaning Iraq — to look for chemical weapons and at the same time use chemical weapons against that very same country.George Orwell, the well-respected and ethical Western author said: "In a time of universal deceit, telling the truth is a revolutionary act". The truth that needs to be told today is that three permanent members of the Security Council are dragging the entire world once again towards the abyss of war and aggression. They seek to obstruct the Council's work in maintaining international peace and security, which is the main principle agreed upon and endorsed by our founding fathers when they adopted the Charter of the United Nations in San Francisco on 26 June, 1945. Even though my colleague, the Ambassador of Bolivia has already read it out, I would like to once again remind the Council of paragraph 4 of Article 2 of the Charter:"All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations".The truth that needs to be told today is that those three States have a legacy based on fallacies and fabricated narratives in order to launch wars, occupy States, control their resources and change their governing systems. The truth that needs to be told today is that the entire world and the Council stand witnesses to the invasion, occupation and destruction of Iraq based on a United States lie in this very Chamber 14 years ago. They stand witnesses to France's exploitation of the Council to destroy Libya under the pretext of protecting civilians while ending the future of an entire people for the very simple reason that its President at the time, Mr. Sarkozy, wanted a cover up for his financial corruption. This is an ongoing case, of which members are all aware. However, some countries still fall for those lies promoted by those very same States in order to attack my country, Syria.God bless the days when France the policies of Charles de Gaulle in the Council followed and repudiated the aggression of the United States and Britain against Iraq. We yearn for those days. France no longer respects the policies of Charles de Gaulle and is now one of the countries that launch attacks against other countries.The truth that needs to be told today is that the international community has not sought to rein in those who are reckless and undermine international relations, subjecting them to disaster time and again since the establishment of this international Organization. Our biggest fear is that if the international community does not come together to end the abuse of those who are reckless, then the Organization will die in circumstances very similar to that which led to the death of the League of Nations.The truth that needs to be told today is that after the failure of the United States, Britain, France and their proxies in our region to achieve their objectives in Syria through providing all forms of support to the armed terrorist groups, we see them today tweeting and bragging about their nice, new and smart rockets, and defying international legitimacy from the Council Chamber. They dispatch war planes and fleets to achieve what their terrorists have failed to achieve over the past seven years.The truth that needs to be told today is that the Syrian Government liberated hundreds of thousands of civilians in eastern Ghouta from the practices of armed terrorist groups that used them as human shields, held S/PV.8231 Threats to international peace and security 13/04/2018 22/22 18-10728 them hostage for years and prevented any medical or food assistance from reaching them. The terrorist groups used the schools, homes and hospitals of those civilians as military bases to launch attacks on 8 million civilians in Damascus.The truth that needs to be told today is that some reckless people are pushing international relations towards the abyss based on a fake video prepared by the terrorist White Helmets, pursuant to instructions by Western intelligence.The truth that needs to be told today is that the so-called international alliance used its war planes to serve Da'esh in order to block the victory of the Syrian Arab Army and its allies against that terrorist organization. That international alliance made the White Helmets its media division to fabricate and falsify incidents in order to benefit the Al-Qaida terrorist organization.The government of my country took the initiative to invite the Organization for the Prohibition of Chemical Weapons to dispatch its Fact-finding Mission to visit Syria and the alleged site of the incident in Douma. The Government of my country has provided all the facilitation needed for the team to work in a transparent and accurate manner. The team is supposed to start its work in a few hours. This invitation was issued out of strength, confidence and diplomatic experience, not because we are weak or afraid and giving in to bullying or threats.The Syrian Arab Republic condemns in the strongest terms the Governments of these three States for launching their threats to use power in a flagrant violation of Article 1 of the Charter of the United Nations, which identifies the primary purpose of the United Nations as the maintenance of international peace and security and the suppression of acts of aggression and other breaches to peace.With the exception of the United States, Britain and France, we all understand that the Security Council is the organ charged with the maintenance of international peace and security and should stand against attempts to impose the law of the jungle and the rule of the powerful. However, some Member States think that the United Nations is just a private business company that works on the basis of pecuniary interests, market rules and the principle of supply and demand to determine the fate of peoples and States, and that use it as a platform for cheap theatrics and the dissemination of lies. This is the truth that disappoints the hopes and aspirations of the peoples of the world.I am not reinventing the wheel in this Chamber. The history of our relations with those States is filled with agony, pain and bitterness as a result of their very well-known policies of aggression. Another more important and shocking truth that should be told today is that the silence of the majority with respect to those aggressive policies does not constitute collusion with these States, but it does arise from fear of their arrogance and political blackmail, economic pressure and aggressive record. Those States do not blink when they go after anyone who is telling the truth.In conclusion, if those three States — the United States, Britain and France — think they can attack us and undermine our sovereignty and set out to do so, we would have no other choice but to apply Article 51 of the Charter, which gives us the legitimate right to defend ourselves. This is not a threat the way they do; it is a promise. This is a promise. We will not let anyone attack our sovereignty.Why do I say that this is a promise? I say this because a thought commonly ascribed to the great United States leader George Washington, who lived more than 200 years ago comes to mind — the sound that is louder than that of the cannons is the sound of the truth that emanates from the heart of a united nation that wants to live free. We in Syria also have leaders and prominent figures as great as George Washington. They are doing the same thing for Syria — protecting the unity and sovereignty of their country.The meeting rose at 12.25 p.m.
Issue 9.5 of the Review for Religious, 1950. ; A.M.D.G. Review for Religious °~Venial Sin r o P. De LeHer Sensitiveness . Winfrld He;bst On Family Spirit . . ¯ . Gerald Kelly Christ on W)nnincj Friends . Jerome Breunlg ~uestions and Answers Book Reviews Report to Rome VOLUME IX NUMBER RI::VII:::W FOR RI::LIGIOUS VOLUME IX SEPTEMBER, 1950 NUMBER 5 CONTENTS VENIAL SIN--P. De Letter, S.J . ¯ . 225 SENSITIVENESS---Winfrid Herbst, S.D.S ." . 233 FOR YOUR INFORMATiON-- Suggestions for Superiors General; Vocational Questions; Medlco-Moral Problems; Catholic Dailyi C~nfessors' ~Patron; Sisters of St. Joseph; "Mike"; Reprint Series . ~. 236 ON FAMILY SPIRIT--Gerald Kelly, S.J . 237 CHRIST SHOWS US HOW TO WIN FRIENDS--Jerome Breunig, S.J: 252 " BOOK REVIEWS-- Our Way to the Father; The History of the Popes; The Holy See at Work; .Little Meditations on the Holy Eucharist . 256 BOOK NOTICES . . , '. . . ' . 261 BOOK ANNOUNCEMENTS . 262 QUESTIONS AND ANSWERS-- 21. Jubilee Indulgence . , 265 22. Permission for Trips . 265. 23. Authority to Change a Custom . 266 24. What are Norrnae? . 266 25. Collective Nouns Applicable to Sisters . 267 26. Meaning of "the rule." . . 268 OUR CONTRIBUTORS . 268 REPORT TO ROME . 269 REVIEW FOR RELIGIOUS, ,September, 1950. Vol. IX, No. 5. Published bi-monthly: January, March,May, July, September, and November at the College Press, 606 Harrison Street, Topeka, Kansas, by St. Mary's College, St. Marys, Kansas, with ecclesiastical approbation. Entered as second class matter January" 15, 1942, at the Post Office, Topeka, Kansas, under the act of March 3, 1879. Editorial Board: Adam C. Ellis, S.J., G. Augustine Ellard, S.3., Gerald Kelly, S.3. Editorial Secretary: Jerome Breunig, S.J. Copyright, 1950, by Adam C~ Ellis, S.J. Permission is hereby granted for quota-tions of reasonable lengtb, p~ovided due credit be given this review and the author. Subscript,on price: 2 dollars a~year. Printed in U. S. A. Before writin9 to us, please consult notice on Inside beck cover. Venial Sins " P. De Letter, S.J. \ SPIRITUAL authors commonly teac, h that a sure sign of fervor in a religious is the hab.itual avoiding of venial sins, just as tepidity betrays itself in frequent and lightly-committe, d daily faults. Between these two dispositions which are neatly character-ized in their, extreme types is a nearly indefinite number of degrees. The steady effort of good religious aims at approaching the ideal of fervor, which implies a constant care to exclude from one's daily life whatever is sinful. It is worthwhile to consider this negative aspect of the striving for religious perfection, not because it is more important than the positive practice of virtue, especially of charity tov)ard~ God and neighbor, but because this refraining from all that is evil is easily ascertainable and consequently serves as an unmistakable indication of genuine fervor. Concerning this negative aspect of perfection, two questions may be asked: (1) when exactly do we commit a venial sin? (2) what is normally possible, or not possible, as regards the avoidance of venial sins? The first question aims at outlining clearly the scope of the matter under discussion with a view to cen-tering our attention on the really sinful objects and not on what is mistakenly called sinful. The second purposes to define the bound-ari4s within which our efforts may be successful, thus eliminating the danger of expecting what may well be beyond human powers. 1) When do we commit a venial sin? The question is clear and simple. And so is the answer--in the-ory. But how does it work out in practice? When is a thought or a desire or a word or an action a venial sin and not merely a positive imperfection, that is, something which is less good than its opposite .or than its omission but which is not sinful in itself?1 The question lln holding firmly to a distinction between venial sin and positive imperfection, Father De Letter is following what seems to us to be the more common and the better opinion. For a very fine presentation of the contrary opinion, especially with reference to the teaching of St. Thomas and the Thomistic school, see The Morality of Imperfections, by J. C. Osbourn, O.P. We might add here that even theologians holding the same opinion as Father De Letter might find difficulty in agreeing on a list of examples of either small venial sins or positive imperfections. For instance; one of the examples that Father De Letter later gives of venial sin ("deliberate thoughts or words of vanity which reveal an inordinate self-concern or self-esteem") might also be given as an example of a positive imperfection. 225 .P. DE LETTER Ret~ietu/:or Religious is worth asking because-a different, judgment isto be made of what is sinful and what is riot. We commit a sin whene~'er we knowingly and voluntarily go against the manifest preemptive will of God, that is, when we do or choose what He forbids, or neglect what He commands. The sin is venial only, and not mortal, when either the knowledge or advertence or the voluntariness is imperfect or partial (even though the matter be grave), or when the object of the sinful act itself is light whether of itself, as in a harmless lie, or because of parvity of matter, as in a small theft. Accordingly there is a first category of venial sins which may be called defective or miscarried mortal sins. Though of less practical importance for our present purpose, these must be mentioned briefly. They are the sinful actions (or thoughts, etc.) which ordinarily would be grave sins but happen to be venial sins on account of incomplete advertence or voluntariness. In other words, since they are imperfect as human acts, they are also .imperfect as sins. This may be the case with thoughts or desires against purity which are o.nly half noticed or half consented to; or with words or actions against chhrity when the gravity or harm involved is in good faith neither realized nor intended. Though faults of this kind may evi-dently occur in the life of a religious, they are not the ordinary "daily" sins which we are here .considering. Consequently a mere mention of them suffices. The other class of venial sins consists of those thoughts, desires, words, or deeds which of their nature involve only light guilt. Yet, even these are not subjectively sinful unless they are deliberately willed with the realization that they are sinful. In other words, these three conditions must be fulfilled, even in a venial sin: (a) actual knowledge-~either implicit or explicit, clear or confused--that some-thing is sinful; (b) some degree of voluntariness, at least incom-plete; and (c) an evil object, that is, the thing done is, or is thought to be, contrary to a divine command or prohibition. Whenever any one of these three elements is entirely absent there can be no question of even venial sin (except in so far as a culpable negligence might be at the root of them). According to these requirements, an unnoticed distraction in prayer is not a venial sin (as long as it is unnoticed); nor is an unheeded imagination or thought of self-complacency; nor a reflex reaction to some exterior stimulus, such as a sign of impatience; nor an uncharitable thought or unkind word which, without any fault 226 September, 1950 VENIAL SINS of our own, we fail to perceive. In all these cases the first element required for a venial sin--namely, actual knowledge--is lacl~ing. Similarly, the element of voluntariness is absent, for example, in the case of a harassing distraction in prayer which is noticed but not accepted (that is, sincerely rejected); or in a persistent but resisted unkind thought; or in an uncharitable remark that escaped before we could control ourselves. Finally, no positive command of God is disregarded by the omission of an exercise of devotion which is not obligatory; or by not choosing a more perfect andmore difficult way of performing one's duty; or by contenting oneself with what is good without preferring the better; or by recreating well and taking natural relaxation with less supernatural motives; or by talking during times of silence without necessity though not without some usefulness. All these actions .are in themselves good, even though they are less good than other ways of acting. There is not, how-ever, on that score, anything sinful in them. But when thoughts, desires, words, or deeds combine all three elements mentioned: awareness, voluntariness, evil object, they must be called what they are, venial sins. Noticed and accepted distractions in prayer mean irreverence towards the Almighty and consequently are sinful. Thoughts or words against charity which are conscious and voluntary go against the good will we owe all children of God and therefore are sins. The same must be said of a lackof self-control which is voluntary, and of wilful impatience by which we deliberately cause pain to others. Deliberate thoughts or words of vanity which reveal an inordinate self-concern or self-esteem are venial sins because they offend against truth and humility. Thefts of small things, or a lie which is not unjust, a lack of self-control in the matter of food, all these are, supposing some awareness and voluntariness, venial faults because they involve an evil object. Since in all these failings the degree of conscious and free consent may vary, the degree of guilt will also vary accordingly. At times the guilt will be slight, at other times more serious. Often enough it will be difficult for us to determine bow much wilfulness and guilt is involved. But then we may safely leave the estimate to Him who reads the hearts of men. All this teaching of the spiritual authors and moralists looks elementary enough, and so it is. Yet it might be good to stress this one particular point: when in our own daily lives we find defective ways of thinking, speaking, or acting which totally lack any one of 227 P. DE LETTER Ret;iew ~'or Retigious the three conditions of venial sinfulness, we may truthfully and peacefully consider that they are not sins--unless, perhaps, there be some more.or less guilty negligence in their root cause. Consequently, we need not confess them nor endeavor to be sorry for them though we can rightly be sorry for the previous negligence which may be the cause of them. They may well be humbling and unpleasant defects which serve to mortify us. But before God and in our conscience they do not harm us spiritually. No one will doubt all this. Yet it not infrequently happens (as personal experience amply proves) that although we realize full well what we should do from a theoretical point of view, nevertheless, in pr.actice, we are unable to act accord-ingly. If the aforementioned defects are not sinful, there is no humil-ity or sanctity in speaking or acting as if they were. (This does not mean, of course, that there can be no true humility in acknowledging our negligence which is the cause of them.) If they are not evil they do not give rise to th~ spiritually harmful effects which are inherent in venial sins. More particularly, they do not cool the fervor of our charity towards God and neighbor, nor do they prepare the way for serious lapses. Whatever evil is in them lies in their root cause only. Shall we conclude that we need not concern ourselves about them at all? This conclusion would not be fully warrantdd and would not harmonize with the fundamental endeavor of religious life which aims at more than the avoidance of sin. It is right to conclude that we need not see sins where sins do not exist. We should, however, be careful about these morally guiltless defects which may well spring from some not guiltless negligence and easily turn us in the direction of sinfulness. Many of the examples quoted above would cease to be sinless as soon as some degree of awareness and wilfulness would enter into them. The care to be taken concerning them evidently does not consist in directly going against them; in most cases that is practically impossible. But they can be eliminated partially by slowly and patiently building up within ourselves strong psycho-logical habits, which incline us in the opposite direction. For example, if we develop a general disposition of kindness and good will, we slowly create in ourselves a "second nature" that will by itself prevent many an unkind thought or word. As to actual practice, must we believe that it is relatively easy for religious to commit venial sins? At times we are led to believe that we could hardly live an hour or fulfill our ordinary daily duties without committing some venial sin or other. Every idle word, every vain thought, every complacency in success seems to be sinful to 228 September, 1950 VENIAL SINS some extent. May we hope that this fear or opinion is somewhat exaggerated ? Different temperaments and different views may incline different people either to severity or to leniency. But no one will deny the principle which both the severe and the lenient must respect: that the degree of free consent to a forbidden object (which in the case of venial sins is something not grievously evil) constitutes the measure of guilt. Without voluntariness there is no guilt and no sin. The divergencies of opinion will, then, stem from the different estimates as to how much freedom of consent is involved in our defective actions. 2) What is normallv possible, or not possible, in avoiding venial sins? This question may seem somewhat surprising. But it is impor-tant that we ask it and find an answer to it if our endeavor to exclude venial sins from our lives is to be enlightened and effective. It would be useless and harmful in the long run to strive after what is impos-sible. SOoner or later such a course of action would inevitably lead to discouragement in the face of repeated apparent failures. So, too, it would be prejudicial to our spiritual progress if we mistakenly did not try to do what is feasible. In this matter we are not left to personal conjectures and reason-ings or to the teachings of private authors. The Church.has given bet own authoritative and even infallible teaching. Four centuries ago the Council of Trent defined against the Protestants that a man in the state of grace is unable "during the whole of his life to avoid all sins, even those that are venial, except by a special privilege from God such as the Church holds in regard to the Blessed Virgin." And when explaining bow venial sins of their nature do not destroy the state of sanctifying grace the same Council conceded that "during this mortal life men, however holy and just, fall at times into at least light and daily sins which are also called venial." This is a most precious hint which must preserve our endeavor both from presump-tion and from dejection. It clearly states what we'must not expect, and what, therefore need not surprise or disappoint us. We cannot hope to exclude from our whole lives all venial sins; we shall not succeed, however saintly or advanced in the spiritual life we may be. Unless we can count on a special privilege such as our Blessed Lady had received we should be trying and promising ourselves the impos-sible. And who would claim for himself this privileged treatment 229 P. DE LETTER Reoieto /:or Religious which is altogether exceptional (the Council of Trent mentions only one.exception, the Blessed Virgin) ? We need not, therefore, be aston-ished or disheartened if, in spite of our best efforts and after long fidelity to the inspirations of grace, we still at times fall into light or daily faults. This is the common lot, the Church says, of the saints. We surely do not expect to be better than the saints, nor shall we be disappointed when we come to know from experience that we are not. But lest some one might find in this doctrine of the impossi-bility of avoiding all venial sin a pretext for taking things easily, the Church has carefully weighed her words. She has infallibly defined only this: It is not possible without a special privilege to avoid all venial sins during an entire lifetime. Whatever is less than this no longer comes within her infallible teaching. Strictly speaking, therefore, it may be true that some saints, even without a special privilege, would commit, say, only two or three venial sins during their whole lives. Even then the Church's definition would remain intact. But this interpretation obviously minimizes her teaching. Her mind is clearly different. She grants that even saints sometimes fall into light sins. How often, she does not say. But she definitely seems to say, from time to time. And it would follow logically that this frequency will vary according to the degre~ of virtue or sanctity or moral strength which a saint has reached. The Church's. teaching, therefore, cannot offer any pretext for an easy-going life. But it is a valuable safeguard against presumption or discouragement. It pre-serves us from attempting the impossible. But the impossible is a distant limit to which we can always approach nearer and nearer, for we can almost indefinitely reduce the number of our small sins. In this connection we should recall the twofold division of venial sins commonly given by spiritual writers: first, the fully voluntary or deliberate venial sins which one commits calmly and with unham-pered freedom, precisely because they are onltj venial and nothing serious; secondly, the venial sins of weakness in which the volun-tariness is only partial and diminished by surprise, or inattention, or fatigue, or listlessness, or some other reason, but in which there still is a sufficient degree of advertence and free consent to make them guilty and to make us responsible for them. This difference in venial sins is well known from experience; each one can no doubt trace it in his own life. Now. it is clear enough that we are able with God's grace to exclude from our daily lives the first category of venial_sins. We can 230 September, 1950 VENIAL SINS make up our minds and be determined not deliberately to commit any venial sins. Since these are fully deliberate, it depends on our free wills alone to commit or not to commit them. From the very nature of the case, we are not here taken by surprise. If we were, there would no longer be question of fully deliberate faults. And our free will cannot be t:orced into a completely free consent; it is we ourselves who decide. Many theologians, it is true, declare that Christians do not in fact avoid all deliberate venial sins during a whole lifetime with the ordinary graces they receive. Because of our innate weakness we some time or other lose sight of the determina-tion not to sin venially. Yet, with growing fidelity to grace and growing abundance of graces these faults can, in those approaching to perfection and sanctity, be eliminated altogether from their daily lives. Accordingly, it is not this class of venial sins which the Church mainly had in mind when she declared tb~t it is impossible for a just man to avoid them entirely during his ~ hole life. What Trent infallibly declared pertains to the second kind of venial sins, which are not fully deliberate. Even saints cannot with-out a special privilege avoid all such sins of weakness. Will this sur-prise any one? Catholics who believe in the fall of m~n and in original sin with its moral consequences on our human nature and on its efforts for good, will expect this. Our weak human nature would require, in order never to be taken by surprise by attractive and pleasing but forbidden objects, a vigilance and self-control so con-stant and so uninterrupted that ir is normally beyond our human strength. Much, of course, depends on the environment in which we live and on the virtuous habits and moral strength we have acquired. Where little or no occasion or temptation arises it is not hard to maintain the degree of watchfulness which bars complete surprise. And for the advanced in virtue and the strong of character, for the humble and the recollected, the charitable and the pure, invitations to sin will be fewer and less attractive. Even they, however, will " have their moments of weakness when they are caught off: guard and when they ball-knowingly, half-willingly do, say, desire, or think what they should not. We cannot expect that this kind of venial sins will ever be fully banned from our lives. We can never feel entirely safe and secure against their attacks. All we can do, and all we oug~hot to do, is by indirect action to try to diminish their number and to decrease the measure of wilfulness and.guilt in them. This effort can and should advance on a nearly indefinite scale leading us always closer and closer to the limit pointed out in the Church's 231 19. DE LETTER Review For Religious teaching. And this goal is our best endeavor. Venial sins, even the semi-deliberate ones, do spiritual harm in many ways. The harm decreaseswith the decreasing guil't, but it remains proportioned to the guilt. From all this it f611ows that a twofold result can be achieved by all of us in the matter of avoiding venial sins. First, we can with the help of grace that is always at our disposal, bann from our lives all fully deliberate venial sins. Secondly, we are able, with the help of the same grace, notably to diminish the number and the guilt of the half-deliberate ones. As regards the avoidance of fully deliberate venial sins, nothing more need be said. The thing has only to be done. But to avoid the semi-deliberate sins, we must concentrate on indirect tactics. We can increase our watchfulness against surprise attacks and make sure that this watchfulness does not relax to the point of dangerous neglect. We can counterac' the causes of unguardedness. And that practically means to grow in virtue and moral strength; for strong virtue can counterbalance the weakness of human nature which is the root cause of our being caught unawares. This indirect action against venial sins is to be applied according to each one's special needs. Each one has to develop those virtues and that moral fortitude which go against the kinds of venial sin to which he is ordinarily tempted. Some insist on charity because they easily fail in that line; they ought to cultivate a general disposition of kindliness in thought, word, and deed; both in prayer and outside of prayer they can thus build up a habit which will be a permanent counterweight against hasty and almost reflex unkind actions. Others are prone to thoughtless and selfish words and actions which are prompted by a natural urge to self-seeking 'and self-assertion: they should develop recollected self-control with the natural means of peacefulness and will power and the supernatural aids of a living' spirit of faith, a sincere and exclusive desire of what God wants, and a spiritual depreciation of all that concerns self only. These examples indicate what is meant by in-direct action against half-deliberate venial sins. The idea is to coun-teract the roots of weakness and inattention from which these faults normally spring. It is possible to paralyze these causes of sins in an ever-increasing measure.' The more we grow in virtue and holiness, the less become our faults in number and guilt. Religious approach this ideal of purity of heart in the measure of their fervor. And their advance in the spiritual life also depends proportionately on the purity of their lives. It is, therefore, impera- 232 September, 1950 SENSITIVENESS tive to know and to do what can be done .with. regard to our daily faults. The more generous and sincere our endeavor in this regard, the more truly shall we be what the religious profession demands of its followers: .giving our best endeavor to acquire the perfection of the Christian life. SensiEiveness Winfrid Herbst, S.D.S. THyoAuT t hwea ost ha'e rv edrayy c. aInt dseide msesl ft-hreavt ealsa tai orne lwighioicuhs Iy ¯oruec weiavnetd t ofr obme as open as one can prudently be, as ~lear as water in a crystal vase. You tell me that you have marked down sensitiveness, ~/our inor-dinate sensitiveness, as your very character itself, .and that you have made resolutions accordingly. Humility in all its forms was, and is to be, your weapon,against this fault of character. You tell me that your sensitiveness is the direct offspring of pride and self-love, and that already¯ some years ago you recognized it as .the great enemy against which you must fight unceasingly. 7y'ou believe that you have made just a little headway against it but that much still remains to be done. Very frankly you tell me that your sensitiveness injures you somewhat as follows. Following a reproof, a censure, an admoni-tion, sometimes even the slightest, you become intensely excited interiorly; you feel bitter and hard. Then come unkind thoughts, bitter reflections, inconsiderate criticism, plans to drop or change reso-lutions, temptations against your vocation, discouragement. You state that absolute silence is your only safety then; for were you to speak you would become violent and say things which you would certainly regret, but which, because of your pride,, you might never retract, to your great spiritual danger. Often you are thrown into this state by a single look of disapproval or by something which is done by an individual or by the community that is not to your liking. You add that a strange phase of your sensitiveness is that it is often aroused even by things which are not intended as offensive. This being so, something must be done. And you ask me to tell you what. 233 WINFRID HERBST Review ~or Religious I do veril~r believe that you cannot get rid of your sensitiveness as such, as a natural quality. But in your striving after religious perfection you certainly can keep it down; you can direct it into the proper channels. You can be sensitive about your Heavenly Father's business. To say, "I will not let my pride get the upper hand in the future," would be a useless resolution. What you must do is con-vince yourself that there is nothing in you or about you in which you may of yourself glory and boast. In other words, as you your-self s~uggest, you must acquire humility; and since the best way to acquire it is to practice it, you must let no day pass without seeking occasions to do so and you must from time to time make it the sub-ject of your particular examen according to Rodriguez. But I would have you remember that humility is in every way compatible with manliness, courage, 'resolution, magnanimity, a longing to do great things, a will to win. With St. Paul you may say, "I can do all things." But you must not fail to add in all sin-cerity and humility, "In Him who strengthens me." Humility is truth; and this assertion of St. Paul's is always true. In the proper discharge of your duties you must have a certain confidence; in your studies you need a certain ambition. But all things must be with God and for God, not for self and for men. And, of course, this confidence, courage, and resolution should not show itself in self-praise. How can you boast of that which you have not of yourself, of that which has been given you? You have in a special manner received everything from God: your wonderful vocation, your remarkably good health, your mod-erate endowments, your love of order and exactness, your zeal in religious observance. You simply need confidence and resolution. Cultivate it, then, especially interiorly. I would really like to impress it upon you very earnestly that you may and must have con-fidence in yourself, provided always that self is wholly and humbly lost in God and leaning upon Him, upon Him in whom you can do all things. Confidence in yourself--yes; but at the same time be deeply im-bued with the conviction of your own nothingness. Be persuaded that it is vain and ridiculous to wish to be esteemed because of certain endowments received as a loan from God. Practice acts of meekness, patience, obedience, mortification, sor-row for sin, the renunciation of your own feelings and opinions, and the like. 234 September, 1950 SENSITIVENESS If no attention is paid to you, show no resentment but bear it with resignation and tranquillity. Do not condemn the" actions of others, interpret everything charitably, and, if the fault be manifest, strive" to attenuate it as much as possible. .And forget about it, unless your office obliges you to apply a remedy. In open questions do not contradict anyone in conversation; do not get overexcited in arffuing: if your opin, ion be considered of little worth give way quietly and remain silent. When you must defend the truth, do so courageously, but without being violent or. contemptuous. Lay up a good store of gentleness so that in all circumstances you may ~etain your equanimity. Do not nourish in your heart feelings of dislike and revenge against those who offend you. If anyone blames you or speaks ill of you, do not fly into a pas-sion bu't examine your shortcomings and humbly thank God for preserving you from such things. Whenever you are in.clined to be impatient or downcast, fight against such a temptation courageously, being mindful of your sins and of the fact that you deserve greater chastisements from God. If you .commit a fault and are despised for it, be sorry for the fault before God and accept the dishonor incurred 'as an expiation for it. Yes, I think you should concentrate on the practice of humility. Humility is a fundamental virtue, a sure pledge of sanctity, a token of predestination. A most important lesson taught us by the Divine Savior is this: "Learn of Me, because I am meek and humble of heart." In order to practice humility, be convinced that of' yourself you have nothing but sin, weakness, and misery; that all the gifts of nature and of grace which you enjoy you have received from God, who is the principle of your being; and that to Him alone is due all honor and glory---ornnis honor et gloria. But, you may exclaim, the program you outline is simply heroic. I'm glad you feel that way about it. A proper spirit of humility makes you realize that it will be difficult to live according to the out-line given and that you will be subject to many failures. But that should not prevent you from trying or cause you to give up once you have tried. Recently a religious wrote to me with reference to an article'that I had published on rel!gious observance: "I feel that I have you for a 235 WINFRID HERBST friend because of the barbs contained in your article on religious observance. Try as I might to rid myself of those timely printed remarks, I kept coming back and rereading the same. Ashamed is the right word, indeed. Yellow or coward would be the right word too. Why? I kept asking myself. After having to admit the truth the answer seemed to be: not wanting to be considered a goody-goody and not being concerned about being a perfect religious." To which I replied: "It is a good sign, this dissatisfaction with self. I am not worried about you, so long as you accept your short-comings without discouragement and try to profit by them. It is a sign of growth in humility." For Your Information Suggesfion for Superiors General The first annual report covering the year 1950 must be made by all religious superiors general (even by superiors of independent monasteries and houses) on the forms issued by the Sacred Congre-gation of Religious, not later than the end of March, 1951. During that same year all superiors general of lay institutes (Brothers and Sisters) in both Americas must send in the quinquennial report for the years 1946-1950. A new questionnaire has been published for this report. The English text of the questionnaire (342 questions) costs $1. The ten forms for the annual report including an explana-tory letter by,'the Cardinal Prefect of the Sacred Congregation of Re-ligious cost fifty cents. These forms and the English questionnaire should be ordered now. Send a bank check or an international postal money order (obtainable at any post office), for $1.50 made out in favor of Sacred Congregation of Religious to: Rev. Giulio Mandelli, Archivist, S. Congregation of Religious, Palazzo San Callisto, Rome, Italy. Be sure to register your letter at your postoffice to avoid losing it in the mails. We hope to publish some practical suggestions regarding the filling out of the annual report in the November issue; on the quin-quennial report in the January issue. gocaflonal Ouesflons An interesting and practical pamphlet is One Hundred Vocational (Continued on page 251) 236 On F: mily Spirit: Gerald Kelly, S.3. ~T IS TRADITIONAL usage in the Church to refer to a religious institute or community as "a religious family." This expression is rich in meaning; and all of us can profit by occasionally reflecting on it. The present article is designe~l to provide a stimulus for such reflections; it is by no means calculated to do full justice to the possibilities. . Leaving the Old In itself, the expression, "a religious family," has a positive meaning. It signifies that the religious community is a family in its own right with the duties and privileges that belong to real family life. But this positive element presupposes something negative: a break with one's natural family. Without separation from the old there can never be complete incorporation into the new. Logically, therefore, our reflections ought first to be directed towards this negative element, separation. It is well to note at the outset that separation from parents and relatives is not easy. It is very difficult indeed. Nevertheless, it is a mistake for religious to think that only they are called upon to make this sacrifice. As a matter of fact, even children who marry must effect the same separation if their married life is to be a success. All the best psychological studies of failures in marriage stress the fact that one of the principal causes is the fact that one or both parties remain "tied to their mother's apron strings." The truth of this research merely illustrates the inspired words of Genesis (2:24): "Wherefore, a man shall leave father and mother and shall cleave to his wife." Married people must realize that they are starting a new family, and that they must break definitely with the old. The same is true of religious. In this matter of separation we have both the example and the words of Our Lord to show us the way. When He was twelve He permitted the hearts of those He loved most dearly to be filled with anguish because He must be about His Father's business. Years later He parted definitely with the finest of mothers and the best of com-panions in order to give Himself to three tireless years of His Father's business and to climax it all with His crucifixion. And He confirmed 237 GERALD KELLY this example by strong words about the need of separation. In Matthew (10:37) we read: "He the( loveth father or mother more than me is not worthy of me; and he that loveth son or daughter more than me is not worthy of me." And in Luke (14:26) are the even stronger words: "If any man come to me and hate not his father and mother and wife and children and brethren and sisters, yea and his own life also, he cannot be my disciple." It is obvious that, despite the force of His words, Our Lord is not telling us that we must tear the love of parents and relatives out of our hearts. His own love for His Mother was deep, intense, and tender; and it remained so all His life. Yet it would have been an imperfect thing, and unworthy of Him, had it urged Him to stay with her one moment longer than the divine plan permitted, or had it been allowed in any way to interfere with His apostolate. This is the model of our own affection for parents and relatives. We are supposed to love them. We are bound to them by ties of blood and gratitude. But the love must be well ordered. It must not interfere, even slightly, with the purpose of our religious life, for to achieve that purpose is our Father's business. From the beginning of our r~ligious life we have to set ourselves resolutely to accomplish the physicai and mental separation from parents and relatives that allows us to give ourselves quietly and wholeheartedly to our religious duties. And one of the first and most important lessons we must learn is to entrust our dear ones to Divine Providence. It often happens that a religious has hardly entered the novitiate when he begins to receive distressing news from home. Father has lost his job; mother needs a serious operation; a baby niece has diphtheria; a nephew was in a terrible accident; the black sheep of the family has got .into some new trouble. News of this kind will be more or less frequent all through our religious lives. Unless we adjust ourselves properly to it, it can be the source of constant anxiety that spoils our mental prayer, diminishes the efficiency of our work, and even tempts us to abandon our religious vocation. Of course, it isn't easy to rid oneself of such anxiety. We cannot just.say, "I won't be anxious," and thus put all the worrisome thoughts to rout. But in a positive way we can cultivate the attitude that in leaving parents and relatives, we are putting them into the hands of God, and that if we give our thc~ughts to God and our own vocation, God'will take care of our dear ones. After all, we are not the only ones who need a great trust in Divine Providence. Letter-writing is another test of w.ell-ordered love of parents and 238 8eptembec, 1950 ON I~AMIL~ SPIRIT relatives. It is one thing for a young religious to write home every day; another to write so seldom that parents can justly complain of neglect. It is one thing to write pages and pages of small talk: another to write, "Dear Morn: I'm fine; hope you're the same. Love." These examples are extremes; but not entirely fictional. It is well for religious to cultivate the habit of writing home at regular intervals and to keep that habit as long as ~heir parents are living. The letters need not be long, but they should not be too short, either. A letter is neither a book nor a telegram. We should try to make our letters interesting, without at the same time revealing details that should be kept within the privacy of our community or of telling things that might cause needless worry. There are some mothers who, if they heard their beloved daughter had a sore knee, would immediately think in terms of an amputation. We learn through experience that innocent remarks in letters can easily assume explosive proportions. When I was a young religious I went to the hospital" for a check-up that was little more than routine. I mentioned this fact casually in a letter to a devoted aunt. Three weeks later my superior called me to his room. In his hand was a telegram from the same devoted aunt. She had just heard that her nephew had only a short time to live and she wondered whether she should come at once. That was the first news I had of my desperate condition. Upon investigation, I found that my aunt had told a friend of my check-up, and this friend had told another friend, and so on; and as the news passed from friend to friend my condi-tion grew steadily worse. Finally the original news, transformed by the ghastly details of my incurability, got back to my aunt. Then there are visits. Some time ago I presided at a discussion group made up of mistresses of novices and postulants of various institutes. One of the points discussed concerned the visits to pos-tulants and novices b.y parents and relatives. The customs varied greatly. One of the institutes simply has the absolute custom: no visits till first vows--and this institute has.a two-year novitiate. I am not exaggerating when I say that all the other novice-and postulant-mistresses gasped with envy when they heard this. All agreed that, hard though it seemed, this would be the ideal arrange-ment. All complained that when visits are allowed the day after the visit is like beginning the postulancy or novitiate over again. Some may disagree with me, but I think the religious who is stationed far from home is blest. This is true of monastic institutes because it prevents too much visiting from relatives. And it is even 239 GERALD KELLY Review for Religious more true of other institutes, for it not only prgvents the visiting on the part of relatives, but it helps to preserve in the religious himself the perfect interior liberty which keeps him at the free disposition of superiors. They can send him where he is most needed or most useful without fear of opposition. Occasionally there are good reasons for being stationed near one's home; but such reasons are rather rare and are usually of short dura-tion. Yet it is not unknown that some religious are ingenious at conjuring up reasons why they should be stationed in the shadow of their own home. And sometimes the relatives themselves exert pres-sure to this effect. These relatives have no ill will. They simply do not understand the nature of the religious life; and they need to be set right on this point. The religious who wants to be'a perfectly pliable instrument in the hands of God should not leave the burden of explanation to superiors. He ought himself to assume the respon-sibility of pointing out to his relatives that, in entering religion, he placed himself at the disposal of superiors, and that he wants to work where they think he should work. Living the New The preceding points could be amplified and similar ones added. But, since I have undertaken this article with the purpose of stressing the positive aspect of our family life, I wish to devote most of my space to the elements that contribute to genuine family living in religion. ' The first of these positive elements is paternal government. Some-one has said that government is paternal when it manifests the "gentleness, kindliness, and love of Christ." No doubt that expresses the idea most beautifully; yet, unless we translate "paternal" into terms of ordinary family life, we shall remain in the sphere of mere theory. A good father is supposed to be solicitous for each member of his family, while at the same time seeking the common good of the entire family. This is not easily accomplished even in a family of five or six children; it is certainly much more difficult in a religious community of ten, twenty, thirty, and even more subjects. Never-theless the ideal is there; and it cannot be lowered without prejudice to true family life. This ideal clearly rules out favoritism, as that word is ordinarily understood. But it hardly means that a superior cannot have any especially intimate friends within his community. It is commonly 240 September, 1950 ON FAMILY SPIRIT said that Our Lord had a special regard for St. John; yet no one would dare accuse Him of favoritism. In the best families, parents often have a special love for one child without in any sense neglecting the others. They do not love the others less because they love him more. _And we ourselves, as subjects, often have warm, intimate friendships with a few members of our community without in any way diminishing the charityw'e owe the others. This is human. Supe-riors do not (or should not) cease to be human when they take office. Nevertheless, special friendships present a danger; and superiors, even more than others, must guard, against the danger. Any superior who gives his friends privileges he would not give others, who violates confidences to satisfy their curiosity, who neglects the others Of his community to be with them, who allows them to have undue influence in the managing of the community is certain.ly not governing paternally. Solicitude for the individual must always be subordinated to the interests of the group. All of us, even without having been supe-riors, must have experienced at times the difficulty of living up to this standard. A teacher may have a boy in his class, a thoroughly like-able lad, who is constantly a drawback to the rest of the class in studies and in discipline. Or a prefect may have discovered that a youngster has been stealing or has other bad habits that are infecting the group; and he may be torn between the two unpleasant alterna-tives of having this boy dismissed with the probability that he will not go to another Catholic school or of keeping him in the school with risk of great harm to the others. In problems such as these the ultimate solution must be in terms of the greater good-~and that is usually the common good. We should do all we can to save the individual boy, but not at the expense of the group. And the supe-rior has to solve the similar problems that arise in community life in the same way. He will show great sympathy and tolerance for the wayward or cantankerous subject. But this tolerance has its just limit. The community has a right to its good name and to peaceful living; and its right should not be jeopardized for the individual. A good father likes to be with his family. Every institute, I suppose, prescribes that the superior be present at community meals and community recreations and that he stay home most of the time. This is not merely for the sake of discipline: it is a requisite for good family life. I might suggest, though, that the expression "most of the time" be emphasized. A wise old Father once remarked that a good superior will make it a point to get away from his community 241 GERALD KELLY Ret~iew for Reliqious occasionally. It is good for both the superior and the community. It is clearly a case in which "absence makes the heart grow fonder." And this is also true of ordinary family life. When parents get away occasionally both they and the children benefit by it. When we look back on our childhood, one of the things that very likely strikes us forcibly is the memory of how our parents adjusted themselves to us. When with us they lived in our world, the child's world; and they did not try to force us into theirs. I think that this fact helps to illustrate the full meaning of paternal government in religion. The good superior seeks the interests of his community; he lives in their world, not his own. For instance, he does not monopolize recreation with his own topics of conversation. Or, to put the same example in another way: he does not recreate the brethren; he recreates with the brethren. Paternal government neces- ¯ sarily implies that the superior look upon the members of his com-munity as his children. This is obvious; the correlative of "parent" is "child." But "child" in this context means "son or daughter"; it does not mean an infant or even an adolescent. The paternal supe-rior, therefore, treats his subjects as adults. He has respect for their age, their dignity, and their talents. Many other things could be said about the paternal superior. He can be stern; he is never harsh. He fosters religious idealism by his good example. He is a good provider in accordance with the means at his disposal and the purpose of his institute. He makes sure that his subjects have plenty of time to see him. He tries to employ them according to their strength and their talents. He encourages them to develop their talents for the good of the institute and ultimately for the greater glory of God. And so forth. I cannot develop these points without converting this into an article entitled, "How to be a good superior"-~by one who has ne~er been a superior. The next topic concerns us, the subjects. On the basis of experi-ence, I.should know much more about this. However, it is~rather human to know 'more about the other fellow's job. A friend of mine who was appointed a superior several years ago made a very appro-priate speech on the night of his installation. "A week ago," he said, "I knew everything a superior ought to do. Tonight I'm not so sure." In terms of the religious family, the correlative of paternal gov-ernment is filial confidence. This expression is not easily explained. It seems to signify something that we recognize almost instinctively --like the taste of chocolate--yet are only faintly able to describe. 242 September, 1950 ON FAMILY SPIRIT fundamental element seems to be confidence in the superior's judg-ment. And by this I am riot.referring to the fact that he is in the place of Christ. That tells me merely that I am right in obeying him: it does not tell me he is right in commanding. Religious life would be nothing short of a continuous miracle if all of us lived it day after day and year after year With the conviction that the supe-rior is wrong, but we are right. For ordinary peaceful living we need the confidence that at least generally speaking the superiors are right, that they govern well, that their natural judgment is good. We needn't endow superiors with either infallibility or impeccability in order to gain this confidence. If we may judge from the content of several anonymous letters sent to this review, some religious think that the first requisite for becoming and remaining a superior is stupidity. The attitude of such religious is not readily diagnosed. Perhaps the cause is indigestion, or sleeplessness, or some mental maladjustment. At any rate, it is certainly pathological. And we can all thank God for that: for, if that attitude represented the normal outlook of religious subjects, we should be in a sorry state. I am not saying there are no bad superiors--no unrealists, no martinets, no tyrants amongst them. But I do say most emphatically that there are enough good ones for us to preserve our confidence in the institution, even on a natural basis. And I believe that in saying this I am expressing the view of the general run of religious subjects. As a group we have a basic confidence that our superiors govern well. This does not mean that we do not occasionally, or even frequently, think we could plan things better. Nor does it mean that we never criticize. Most of us, no doubt, indulge in enough criticism of supe-riors to provide matter for a periodic particular examen, for confes-sion, and for good resolutions. We can and we should improve. Nevertheless, some criticism, provided it is not too frequent and especially that it is not bitter, is no major impediment to family life. In considering the paternal-filial relationship, reference, to the manifestation of conscience is inevitable. As has been remarked more than once in these pages, the fact that the Church has forbidden supe-riors to demand a manifestation'of conscience has been stressed to such an extent as to lead many religious to think that their conscience is simply none of the superior's business. The very nature of reli-gious .government shows this to be absurd. Superiors are supposed to assign subjects to places and offices in such a way that the individ-uals can save and sanctify their souls and that the general good of the 243 GERALD KELLY Reoieto t~or Religious institute is promoted. An assignment which defeats either of these ends defeats the purpose of the religious life itself. Yet, how is a superior to make a wise and provident disposition of subjects according to the two-fold purpose of the religious life unless he has an intimate knowledge of his subjects? And how is he to get this knowledge adequately without the help of perfect candor on the part of the subjects? It is very saddening to hear a religious whose assignment is actually proving his spiritual ruin, say: "I just couldn't tell my superior about this difficulty." The fault may be his; and it may be his superior's: in either case, the condition is lamentable and should never have been allowed to develop. Perhaps both superiors and subjects could profit by reflecting on the fol-lowing words of a saintly and experienced spiritual director: "Nothing helps so effectually to engender a paternal attitude toward a subject as the account of conscience; for, when I open my heart to my superior I constrain him to take a fatherly attitude toward me and a fatherly interest in my welfare. Thereafter he cannot remain just my superior if he be a man of normal humanity. Then, this bestowal of my inmost confidence upon my superior will be powerful to effect in my soul the reciprocal relation of filial trust and love. Conversely, when I withhold my confidence from the superior and refuse to open my heart to him, I make his position diffi-cult as far as fatherly feeling is concerned. Sometimes our superiors may seem to us to lack paternal interest. The fault may be theirs; but likewise it may be ours, due to the fact that we have never given them our confidence." Paternal government and filial confidence are the constituent ele-ments of family life in the superior-subject relationship. The third element is the bond of union among the members. ,~,11 that we gen-erally say concerning fraternal charity pertains to the explanation of this element. I shall content myself here with pointing out a few things that seem to have special relevance to our "family" charity. In our mutual relationships there ought to be no quarreling, no offensive teasing, no harsh words. This certainly is the ideal of our charity. Yet, ~i wholesome family spirit can exist among us without perfection in this ideal. Consider again the analogy with the good natural family. The brothers and sisters squabble a bit; the parents lose their tempers occasionally. But they "make up fast"--as the saying goes; a short time after the explosive incidents everyone is acting as if nothing disagreeable had happened. To strive for this is perhaps to have a more realistic goal in our community relationships. 244 ON FAMILY SPIRIT Despite the noblest of resolutions, we get out of sorts, and we fly off the handle. Given a group of normal human beings, these things can hardly be avoided entirely in the close associations that make up community living. But we can certainly avoid prolonged teasing that hurts, continued bickering, harboring grudges, and so forth. These are things that deeply wound family spirit. Our goal, therefore, is to love the members of our community in much the same way as the members of a good Catholic family love one another. It is hardly possible to accomplish this perfectly. There is truth in the old maxim that "blood will tell." On the purely natural plane it is often easy to preserve an intense affection for our blood brothers and sisters even when they possess characteristics that o'thers consider unpleasant. In our dealing with others, even with fellow religious, there is much greaterneed of explicitl~r stimulating motives for love. Certainly there are many powerful motives for mutual love among religious. One of these was expressed graphically by a mili-tary chaplain when he returned to his community after the last war: "You don't know how good it is to sit at table again with a group of men who are all in the state of grace!". These are startling words --perhaps even a bit exaggerated. Yet, isn't it true that they express a profound reason why there should be great peace in the companion-ship of religious? Day after day all of us say Mass or receive Holy Communion--a reasonably sure practical sign that we are living habitually in the friendship of God. There are many saintly people outside of religion, and many others who, if not canonizable, do live constantly in the state of grace. But there are many others who are unjust, obscene, blasphemous; and even good people in the World can scarcely avoid their companionship. In religion our lives and our recreations are spent with companions who, despite many small and irritating faults, are substantially good. Their supernatural goodness is not the only reason why the companionship of religious should be enjoyable. Even on the natural level religious are apt to have more likeable qualities than any average group of the laity. At any rate, that ought to be the case; we are screened for especially undesirable qualities when we apply for admission as well as on the occasions of our .vows. It is true that most of us look back and wonder how we passed the screening; and those of us who entered before the days of intelligence and per-sonality tests may frankly admit in the secrecy of our hearts that, if these tests had existed in our day, we should not have made the 245 GERALD KELLY Reuieu~ for Reliqiou~ grade. No doubt, despite all the screening, some serious mistakes are made. Some pass through t~he screening processes who later become real menaces to community life. But the general percentage of com-panionable characters should be and is much higher than would be found elsewhere. I mentioned before that it is not uncommon for children of the same family to fight among themselves. I have seen two small' boys, brothers, literally mauling each other over the possession of a small wagon. Then another boy appeared and attempted to align himself with one party. But the brothers would have none of that! In a flash their own quarrel was ended and they were united against the intruder. This is typical of good family life. No matter how much the members fight among themselves, they present a united front to outsiders. We religious should have that spirit of family loyalty. In some sense, at least, each of us must have looked on his own ¯ institute as the "best of all" when he entered religion; otherwise we would have joined another. Certainly it is the "best" for us now; and it is not only legitimate but laudable for us to foster a spirit of preferential love. I think it was St. Francis de Sales who sa'id: "For us there is no congregation more worthy of love and more desirable than ours, since Our Lord has willed that it should be our country and our bark of salvation." I have heard that Sisters attending summer school show great interest in the habits of other institutes and that sometimes they exchange habits. But they return to their own with the serene con-viction that, though the others have some good points, theirs is the best. This is not narrow-mindedness. A young man may have the most profound respect for other women yet very reasonably look upon his own mother as the best in the world. So, too, religious may have great esteem for the members, the habits, the customs, and the work of other institutes, yet they prefer and treasure their own above all the others. The well-ordered love of one's institute will not, however, blind us to its deficiencies, or prevent us from trying by legitimate methods to improve its customs. No institute is so perfect as to exclude the need of occasional changes, especially in non-essentials. It is not true loyalty, but sheer obstinacy, that urges us to hold fast to old things just because they are old; that resists any reasonable modi-fication in the habit or any change of customs. Even the general laws of the Church are not so perfect as to exclude change. Family loyalty will not blind us to the defects of our brethren; 246 September, 1950 ON F!kMILY SPIRIT but it will certainly prevent us from criticizing either our brethren or our institute to outsiders. These things are family secrets; outsiders have no right to know them. I am referring here to criticism of one's superiors or fell0w-religious before the boys or girls in school, before the nurses in training, before the p~rish priest, or before the men and women in the parish, and so forth. To reveal to such per-sons the real faults of the community is detraction; and to misrepre-sent the community is calumny. And the harm done by such gossip easily assumes serious proportions. In censuring disloyal speech, I am not thinking of revelations made to canonical visitors or of the unburdening of one's conscience in confession. The canonical visitor is deputed by the Church to ask questions, and in his exercise of this function he is not to be con-sidered an "outsider." The confessor is bound by the most absolute of secrets; and the community is sufficiently protected against harm, even when the religious, in explaining his faults or trials, must inci-dentally refer to the misconduct of others. Further Practical Suggestions I have tried to keep my explanation of the constituents of reli-gious family life from being too theoretical, and I hope I have suc-ceeded to some extent. I should like now to increase the practicality of this article by suggesting a few concrete ways of contributing to the family spirit of our institutes and communities. The purpose of a religious institute is to carry on the work assigned to it by the Church and thus honor God and further His kingdom in the souls of men. In the ordinary providence of God, the supernatural efficiency of the institute depends on its holiness, and this holiness is not some abstract thing; it is, concretely" speaking, the sum total of the holiness of the members. It is very true, there-fore, that each member can say: "The holier I am, the holier is my institute." This truth should be a source of great inspiration and encourage-ment to all religious who are devoted to their religious family. For, in the matter of holiness there is no distinction of grade or work. The general, the provincial, the local superior, the teacher, the nurse, the dean, the housekeeper, the cook, the sick, the retired, the contem-pla. tive, and so forth--all have an equal opportunity of promoting the family cause through an increase of holiness. The saintly cook, therefore, makes a much finer contribution to the most exalted pur-pose of his institute than does the tepid preacher or the worldly 247 GERALD KELLY Review ?or Reliqious teacher. Holiness, of course, includes the whole of one's life--prayer, work, suffering, and so forth--but it refers particularly to the interior life of prayer and penance. In these interior things every religious has great power to help his institute. For one thing, it is the interior spirit that gives the real supernatural value to our own work. Moreover, the interior life of one can have a tremendous influence on the apostolic, work of the others; and it is well for the contemplatives, for those who do the hidden, humble works, and for those who are ill or retired, to note this. This last point is of supreme importance, and I should like to illustrate it by a simple example. A priest seldom goes on'a mission, rarely enters the confessional, without the realization that he may have to de~l with some souls who are "stubborn" or "weak," souls that desperately need superabundant grace for their conversion and salvation. Some of these people seem to have the kind of devil that Our Lord said is driven out only by prayer and fasting. Yet they themselves are too weak or too hard to do the required prayer and fasting. If they are to be saved, someone must do it for them-- at least enough so that they will finally respond to the grace that enables them to carry on for themselves. ~Fhe priest, despite the best of intentions, cannot do it all. On occasions like this, I have always rejoiced in the realization that I have a n~amber of friends who gladly offer some of their pray-ers and sufferings for my apostolate. Shortly after my ordination I was privileged to meet a saintly nun, Sister Agnesetta, of the Sisters of Loretto. We became fast friends, and she was a great help to me until the day of her death. As a young Sister she had been reduced to the state of a helpless cripple. During her last years she could barely lift her tiny knotted hand to blow a whistle when she needed help. Exteriorly she was so cheerful that a casual visitor would think she enjoyed being bedridden. Yet interiorly, for upwards of twenty years she felt not only the physical pain of her illness but the much greater crucifixion of frustration, of "being on the shelf." I cannot express how much it meant to me to begin some apostolic work with the knowlkdge that some of her prayers and sufferings were being offered for me. I have mentioned Sister Agnesetta by name because she has gone to her reward and cannot be embarrassed by my words. I could mention many others and of different institutes, if they were not still living. And I imagine that every priest could do the same. 248 September, 1950 ON FAMILY SPIRIT What has all this to do with family spirit? The answer, at least as regards active institutes, seems obvious. For in the various active institutes, there are teachers who are trying to win wayward pupils, nurses who are trying to bring about deathbed conversions, preachers who must stir the hearts of the impenitent, confessors who must draw penitents away from habits of sin. These and others exercising the apostolate need supernatural help. And what is more natural than that they look for this help from the members of their own institute? I do not mean that our vision should not take in the whole Church, with its entire apostolate; I simply mean that our own institute should normally have the first place in our apostolic intentions. My remaining suggestions will be very brief. First, there is our work. The work of a religious institute is teamwork; it is not the accomplishment of any individual. Each of us contributes to the cause; and it is only by the complete co-operative effort that the desired result is accomplished. In terms of family spirit, this is another consoling truth. It makes each of us realize that his job is important. Then there is charity. The finest act of charity a religious can show his brethren is good example. All of us know the force of example: how easy it is, for instance, to keep the rule of silence when everyone else observes it; and how difficult it is when even a few neglect it. And, speaking of example, I must at least mention our dealings with externs. They are prone to judge a whole institute by one member: hence each member has a tremendous responsibility to his religious family when he deals with them. The religious with true devotion to his institute will always try to act in the presence of externs in such a way as to cause them to esteem his community and his institute. Also, as regards charity, there is the matter of mutual correction. The very fact that we are a family gives each of us an added respon-sibility for the welfare of the others and, of course, for the reputation of the institute. In a family, when one of the children is making a fool out of himself, the other children tell him or their parents about it; and, observing the sound principles of fraternal correction, we religious have to do the same thing. Sometimes religious note that one of their brethren is on the verge of giving great scandal, yet they say nothing either to the individual or to superiors. This is shirking responsibility, a gross form of family disloyalty. Poverty offers a fertile field for the family spirit. The religious 249 GERALD KELLY Review [or Religious who fully realizes that community life is a sharing enterprise--that "he lives off the community, and the community lives off him," as the saying goes--will not refuse gifts just because he "would have'to turn them in," will not spend his time calculating how he might add some gift to his superfluities without sinning seriously against pov-erty. How would we live if no one were willing to. "turn things in"? And in a natural family, would it not be a strange father or mother or sister or brother who would refuse a generous gift because, "Really, I don't need it for myself; all I could do with it is give it to the family" ? Religious with a family spirit do not waste things. They do not leave it to someone else to turn off a radiator when heat isn't needed, to close a window when it is letting in too much cold air or when a storm is brewing and floors or furniture would be ruined. They do not get books, clothing, and other things that they do not need. In other words, like the members of any poor family, they economize. Perhaps I should add, by way of parenthesis, that when I speak of the need of dconomy, I am thinking mostly in terms of men. I have often wondered how we men could get along on Sisters' salaries, or how we could crowd our books, wardrobes, and various junk boxes into the cells or (more often) dormitories that make up the living quarters of our convents, or how we should look were our clothes subjected to the frequent mendings that give Sisters' habits such a long life on this earth. In my religious life I have heard much about obedience, but after the first few years I seldom heard anything new. A few years ago, however, I did hear a retreat master say something new--at any rate, it was new to me. He said, "The obedient man is the available man." This brief statement expresses in a practical, concrete way the whole secret of religious obedience. Our strength lies in the fact that a supe-rior can dispose of us according to the common need; that he can command us, or ask us, or merely suggest to us, and he always finds us ready. We don't shirk a job; we don't dodge responsibility. Few things can be harder for a superior than to have to approach a sub-ject whex~ he knows his request will be greeted by eithe} a growl or an alibi; and I imagine that few things are sweeter for the superior than the realization that his community is composed of available sub-jects, religious who graciously accept any assignment at any time. One concluding remark. To foster our humility, we are often told that if we were gone our place would soon be filled and the 250 community would not even miss us. Perhaps that aspect of our life is sometimes overdone. Perhaps it is good for us to think occasion-ally of how important we are, of how much we, as individuals, mean to the community. The thought can be very inspiring. I trust that some of the suggestions made here will help to provide this inspi-ration. FOR YOUR INFORMATION (Continued from page 236) Questions Asked bg Sisters. It contains questions and answers first printed in a quarterly entitled Vocational Notes for'Sisters. This reprint contains the first htindred questions which appeared in the Notes during 1949 and 1950. The prudent, informative answers are by the Very Reverend Father Clarence, O.F.M.Cap., and the Rever-end Father Jude, O.F,M.Cap. It can be obtained for 15 cents a copy from: St. Anthony's Vocation Club, 220 Thirty-Seventh St., Pittsburgh 1, Pa. Medlco-Moral Problems Modern medicine faces us with numerous ethical problems. Many of these problems are thoroughly discussed in two booklets, Medico- Moral Problems, I and II, by Gerald Kelly, S.J. The booklets are published by The Catholic Hospital Association, 1438 South Grand Blvd., St. Louis 4, Mo. Prices on each booklet are: 50 cents a copy; 12 for $5.25; 50 for $20.00. The Catholic Hospital Association also publishes in pamphlet form Ethical and Religious Directives for Catholic Hospitals. This is the revised medico-moral code which is now used in a large num-ber of dioceses throughout the United States and Canada. Price: 25 cents a copy: 12 for $2.75; 50 for $10.00. Catholic Daily A group of Catholic journalists are planning to publish a daily newspaper dedicated to reporting the news of the da~r in the context ,6f Christianity. The projected publication date is October 10, 1950. For the staff of this paper, The Sun Herald, the work is a vocation, an apostolate. The founders of the new paper have incorporated as The Apos- (Continued on page 264) 251 Christ: Shows Us I-low !:o Win Friends Jerome Breunig, S.J. SINC, E it was first published about fifteen years ago, Dale Carne-gie s book, How to. Win Friends and Influence People, found millions of buyers and readers and has become one of the most popular works of non-fiction in our time. It is obvious to .religious who have read the book that Dale Carnegie has many good ideas which would help them practice the virtue Christ recommended above all. Equally obvious is the shallow humanitarian viev~point and the mercenary self-interest that is illustrated in most of the ex-ample}. Since many of the people with whom we come into contact - are influenced more by the humanitarian mentality of this book than by the mind that is in Christ Jesus, it'might be useful to observe how much better Christ can teach us how to win friends-~even according to Carnegie's rules. Carnegie gives six rules for making people like you: (1) become genuinely interested in other i~eople; (2) smile; (3) remember that a man's name is to him the sweetest and most important sound in the English language; (4) be a good listener; (5) talk in terms of the other man's interest; (6) make the other person feel important, and do it sincerely. ' But the very idea of making people like you may seem foreign to religious and a sordid thought. The religious works only for God, seeks to be unknown, sees in superiors and others "no one but only Jesus." True enough, but the loftiest supernatural motives should not be high-lighted in such a way that they crowd natural means out of the picture. Christ, the Religious of religious, worked onl~r for God's glory. "The things that please Him, I do." To do this more effectively He tried to make people not only like but love Him. How else explain the Cross! And when man's love grew cold, Christ did not hesitate to dramatize His desire to win men's love by wearing H~s Heart on His breast, announcing to the world through St. Margaret Mary: "Behold this Heart, which has "loved men so much and receives nothing in return but ingratitude and indifference." Christ was "genuinely interested in other people." He was 252 CHRIST SHOWS US HOW TO WIN FRIENDS moved with compassion for the multitudes because they were as sheep without a shepherd. He wept over ,Jerusalem. "How often would I ha,~e gathered together thy children, as the ben dotb gather her chickens under .her wings, and thou wouldst not." Christ's interest extended to individuals as well. He pitied the plight of the leper and healed him: "I will, be thou made clean." What interest He showed in Peter! On at least two occasions He insured a pros-perous catch of fish for him. At another time He cured his mother-in- law. Interest is also shown by prayers. "I have prayed for you that your faith fail you not." Genuine interest in others is a big step towards developing that mind that is in Christ ~lesus. It dispels uncharitable thoughts. "The only person who does not improve on acquaintance is self," observes Father Faber. The same writer notes that kindness is not too diffi-cult, for though there are many unkind minds there are hardly any unkind hearts and that a kind mind can be developed by thinking about, being interested in, others. A kind mind implies much thifiking about others without the thoughts being criticisms. A retreat master developed the same thought by the following illustra-tion. A caricaturist seizes on a character weakness and emphasizes it out of all prop.ortion, while the artist is careful to shade the weak-nesses and make the finer qualities stand out. And the artist always comes closer to a true likeness. Dale Carnegie makes much ot: the. smile, featuring Charles Schwab whose smile was literally a million-dollar one. The Evan-gelists do not record the obvious. There is no written record of Christ's sm.ile, yet there is no room for doubting.that Our Lord smiled when He looked up and saw Zacheus, who had to climb a tree to catch a glimpse, when the quick-witted Phoenician woman an-swered, "Even the whelps are permitted to gather the crumbs," and when He surprised the apostles with the miraculous draughts of fish. More important than the smile is what is behind it, the cheerful, light-hea.rted disposition. Christ was a man of sorrows, but He did not let that cast a gloom around Him. He brought cheer to .the wedding feast at.Cana, did not want the Apostles to fast "when the bridegroom was with them," and celebrated Matthew's joining up by eating and drinking with sinners. Christ's doctrine fosters afun-damentally 'cheerful .disposition. "Come to Me all you that labor and are burdened and I will refresh you." "My yoke is sweet, my burden light." "When you fast, do not look gloomy like the hypocrites." 253 ~EROME BREUNIG Ret~iew ~or Religious . Professional personality-developers insist on the practice of saying "Good Morning" to develop the smile. "Good Morning" leaves a smile on the face. Religious should not need to paint a smile by any artificial means. Religious should be the happiest peo-ple on earth, and they are. Smiles come readily. Humility, chastity, and charity thrive in an atmosphere of cheerfulness. The best "propaganda" for vocations is a cheerful religious. An old Father observed that the number of vocations from a particular school was. in exact proportion to the number of cheerful scholastics on the faculty. "Remember that a man's name is to him the sweetest and most important sound in the language." Jim Farley could call fifty thou-sand men by their first name. Christ could call fifty billion by their names. "I am the good shepherd," Christ said, "and I know mine and mine know me." The comparison to a shepherd has a special reference to knowing by name. Shepherds in Palestine then and now have a special name for each of their sheep. The sheep recognizes and answers when its name is called. True Christian charity rather than the wisdom of this genera-tion should prompt a religious to pay the personal respect implied in remembering and using another's name. It is disconcerting to find one who should know our name remembering only our face. The inability to remember another by name leaves the impression that he does not impinge our consciousness to any extent. Our Lord paid this mark of respect to His fellow men. Mary Magdalen did not recognize Christ on Easter morning until He said, "Mary." There are other instances. "Lazarus, come forth." "Martha, Martha." "Simon, son of John, lovest thou Me?" On His very first public appearance we find Christ fulfilling the next rule for winning friends: "Be a good listener. 'Encourage others to talk about themselves." On this occasion we observe Christ as a youth in the temple "listening to them and asking questions." Whenever his enemies were baffled by His wise answers, we always have the assurance that C~ist heard them out first. "Is it lawful to give tribute to Caesar? . Of which of. the seven will she be wife at the resurrection?" His enemies thought they had a sure enveloping. pincer movement only to find themselves suddenly disarmed, by the. wisdom of the answer. But in every instance Christ did not inter-rupt them until they had finished. A beautiful instance of encouraging others .to talk about them-selves is seen on the road to Emmaus. While the two disciples were September, 1950 CHRIST SHOWS US HOW TO WIN FRIENDS con;cersing and arguing together, Jesus drew near and went along with them. He began the conversation, "What are these discourses that you hold with one another as you walk, and are sad?" "Art thou only a stranger in Jerusalem and hast not known the things that have been done there in these days?" "What things?" Our Lord encourages them. With kindly for-bearance He listens to the entire story. It is only after they have talked themselves out that He begins with Moses and the prophets and interprets to them the Scriptures. Perhaps Father Faber had Christ the Listener in mind when he wrote the paragraph on kind listening. "There is also a grace of kind listening as well as of kind speaking. Some listen with an abstracted air, which shows their thoughts are elsewhere. Or they seem to listen, but by wide answers and irrelevant questions show they have been occupied with their own thoughts, as being more interesting, at least in their own esti-mation, than what you have been saying. Some listen with a kind of importunate ferocity, which makes you feel that you are being put on trial, and that your auditor expects beforehand that you are going to tell him a lie, or to be inaccurate, or to say something of which h~ will disapprove, and that you must mind your expres-sions. Some hear you to the end, and then forthwith begin to talk to you about a similar exl~erience which has bet:allen themselves, making your case only an illustration of their own. Some, meaning to be kind, listen with such a determined, lively, violent attenti6n that you are uncomfortable, and the charm of conversation is at an end. Many persons whose manners will stand the test of speaking break down at once under the trial of listening. But all these things should be brought under the sweet influences of religion. Kind listening is often an air of the most delicate interior mortification and is a great assistance toward kind speaking." Christ, of course, is still listening. He listens to our prayers. He still hears, through His priests, our confessions. Christ "spoke in terms of the other man's interest." Without parables He did not speak to them. And the parables and illustra-tions were taken directly out of the lives ot: the listeners. Fishermen heard truths in terms of nets, farmers, of seed and crops, women, of house cleaning, etc. In the beatitudes Christ took what was closest to most of his hearers, poverty, suffering, lack of property, mourning, persecution, and showed how they could transform these liabilities into assets. 255 BOOK REVIEWS Review for Religious Finally, tracing out the pattern of Carnegie, we observe that Christ "makes the other person feel important and He does it sin-cerely." "You are the salt of the earth. You are the light of the world." To Nathaniel, "A true Israelite in whom there is no guile." To Peter, "Thou are Peter and upon this rock I will build my church." John and James were called "Sons of Thunder." Christ has a more sublime way of making others appreciate their dignity. "We will come to him and make our abode with him." The dig-nity of a Christian! As St. Paul echoes and reechoes: "You are temples of God and the Spirit of God dwells within you." All of Dale Carnegie's ways to make people like you are merely applications of the golden rule, which is of divine origin. In fact, the golden rule was formulated by Christ Himself in His sermon on the mount. "All things whatsoever you would that men should do to you, do you also to them." Of course, Christ both in His example and His teaching (He began to do and to teach), shows other ways to make people like you. For instance, "Greater love than this no man has than that a man gives his life for another." Not only does Christ show us how to win friends. The supreme friend-winner sfipplies the necessary and only adequate and enduring motivation. He seems to make the final judgment at the end of the world hinge on what we do or don't do for others. "As long as yofi did it to the least of my brethren, you did it to Me." Book Reviews OUR WAY TO THE FATHER: Meditations for each day of the year in four volumes. By Leo M. Krenz, S.,J. Pp. xx -I- 518: 411; 535, 516. The Bruce Publishing Company, Milwaukee, Wisconsin, 1950. $15.00 (set of four volumes). In "An Apologia" introducing this rich four-volume series of meditations and readings the author gives an account of "the pur-pose, plan, and method of this course of meditations for religious." Besides that portion of the text which constitutes the meditation proper and is printed in large type there are added paragraphs which in many various ways supplement what is primarily proposed for reflection and prayer. To each meditation is prefixed'a preamble, 256 September, 1950 BOOK REVIEWS consisting usualIy of some verses from Scripture, to strike as it were the keynote that characterizes the exercise. There are always two preludes, three points, and a colloquy. It is highly distinctive of this meditation-course that very often in smaller print there are additions "intended to afford further helpful explanations; to sup- . ply more pointed applications; to furnish pertinent biblical, his-torical, ascetical, theological, or philosophical information; or even to satisfy longings for better knowledge of some puzzling dogmatic truth or fact . It is hoped that these supplementary notes and additions may do helpful service as welcome material for pertinent spiritual reading, and at times even for deep study and possibly for round-table discussion." This expedient of appending further develop-" ments helps the author to achieve what seems to be one of his leading preoccupations, namely, to provide religious who make use of these four hundred meditations with a carefully planned and elaborate exposition of a fairly complete system of spirituality, comprising both instruction and motivation. Hence this work could be used for devotional reading in a way and to an extent that would not be true of typical meditation books. A special effort is made to keep in mind the needs of both beginners and proficients in the religious life and in mental prayer. The ways in which Christ and the Apostles instructed their first disciples are consciously imitated with the design of proposing the highest ideals, of getting them practically accepted, and at the same time of pointing out the discrepancies that are only too likely to exist between the profession and the performance of religious men or women. The epistles of the New Testament are also used to learn and copy the method and means by which the Apostles sought to transform recent converts from Judaism or paganism into "be-lievers . doers . and lovers." With this touch of antiquity goes a peculiar flavor of modernity, in that the spiritual lessons of these volumes are studiously adapted to the conditions of our times and place. Evidently it is the author's most earnest and zealous hope that those who use these suggestions for prayerful reflection will. become just what, in accordance with the highest religious ideals and their own special vocation and under present-day circumstances, they ought to be. The theme dominating the whole series of medi-tations is that God is an infinitely good and great father and is inviting us to" an ever closer union with Him. --G. AUGUSTINE ELLARD, S.J. 257 BOOK REVIEWS Reoieto for Reti~ious THE HISTORY OF: THE POPES. By Ludwig yon Pastor. Translated by E. F. Peeler. Vol. 3S: Benedict XIV (1740-1758). Pp. xllv -I- 516. B. Herder Book Co., St. Louis, Missouri. $S.00. It surely seems like a return to normalcy when Herder resumes the publication of the English translation of Pastor's great'History. This is the very volume that Pastor was working on when death snatched the pen from his hand in 1928. But so much work had been done upon the pontificates up to and including Plus VI (d. 1799), that these materials were later rounded out and .published with the aid of several scholars named in the introduction. There are thus several additional volumes to appear in English; we trust their appearance will not be further unduly delayed. Those who want their Church history to be nothing but "edi-fying" stories had better not take up this volume; those who have enjoyed--and been built up--by the previous ones of the series, will know what to expect here. They will see a Pope, sixty-five at his election, eighty-three at his death, patiently, even light-heartedly governing the Church in a setting of unparalleled diplomatic black-mail. "Our pontificate," he once said, "will be famous for the injuries we suffer" (p. 111). He more than once described himself as "working with a pistol at his head" (p. 273), carrying on in the face of disappointments, insults, frustration. But by every conceivable concession he prevented for those eight-een years all the gigantic conflicts of the day from reaching the explosions that carrie not long afterwards. The chief interest of this volume turns on that slippery story of the ,lansenists, who for a long time had enjoyed immunity and pro-tection, particularly in Fiance, in their defiance of papal authority. Many different factors complicated the "straight" religious issue, but at every turn it was the Church in France that was torn to shreds by parlement and prelates, by Pompadour's open immorality, and Louis XV's blundering ineptitudes. As early as 1750 Parisians were calling themselves "Republicans," and a French bishop recalled in a pastoral letter that an English king had been beheaded in 1649 (p. 225). But as Benedict passed from the scene the 3ansenists were still in the ascendant, and the party's gre~atest hour, the Synod of Pistoia (1786-87), was still in the making. It is almost another preview of history that in the early years of this pontificate a group of people came together in Rome to plot the total destruction of the Society of,lesus (p. 390). One of those 258 September, 1950 BOOK REVIEWS plotters was a young man named Ricci, who later achieved a baleful fame by presiding at the Synod of Pistoia as its bishop. It is one of the ironies of history that he was a nephew of a General of the desuits he had helped to destroy, and who had died in prison in 1775. Even in the Sacred College there were those who said: "Hold Rome in check by Gallicanism, but Gallicanism by means of Rome" (p. 287). In Benedict's lifetime this conspiracy was. contained, but later on the Tanucci-Pombal-Choiseul p~essure, not to mention the monarchs they served, produced the suppression of 1773. Benedict XIV had a scholar's reputation, particularly in histori-cal and canonical fields, when he came to the papacy. His has been an enduring influence, as organizer, legislator, reformer. His regula-tions for beatifications and canonizations still govern those functions. He .was hailed as "the greatest of the canonists" (p. 298), even as Gu~ranger later said of him that no Pope had ever possessed such a knowledge of the Roman liturgy (p. 301). The book's final section, treating of the missions, handles two other famous controversies he settled: the Chinese Rites (duly 11, 1742) and those of Malabar (Sept. 12, 1744). In this connection it is regrettable that the translation mirrors conditions as they were twenty years ago, for, owing to prgfound changes in the religious mentality of the Orient, it is precisely these acts of Benedict XIV that have been changed in our day by Plus XI and Pius XII. But that was in the interval between the writing of the book and this English translation.--GERALD ]~LLARD, S.d. THE HOLY SEI: AT WORK. B~/Edward L. Hes÷on, C.S.C;. Pp. x~v + 188. The Bruce Publishing Company, Milwaukee, Wisconsin. 1950. $2.50. This book gives us a popular but adequate explanation of how the Holy Father, supreme visible head of the Church, together with his Senate of Cardinals, governs the universal Church through the medium of the Roman Curia. After a brief introduction explaining the nature and meaning of the terms: Pope, Curia, and Cardinals, the author passes on to the most important part of the book--a one-hundred page account of the various Roman Congregations--in which he discusses the Con-gregations, first in general and then in particular, giving the origin, history, competency, and personnel of each. Part three does the same for the Tribunals ot: the Holy See: the Sacred Apostolic Penitentiary, the Supreme Tribunal of the Apostolic Signature, and the Sacred Roman Rota. The fourth and last section treats of the Offices of the 259 BOOK REVIEWS Revieu~ for Religious Holy See: the Apostolic Chancery, the Apostolic Datary, the Rev-erend Apostolic Chamber, the Secretariate of State with its associated Secretariates of Briefs to Princes, and of Latin Letters. A chapter on the Code of Canon Law, the official bod~ of ecclesiastical law for the Latin Church, and one on the election of a new Pope bring the work to a close. The Holy See at Work contains a wealth of interesting details, such as the process of a petition through one of the Congregations from beginning to end, the meaning of "the secret of the Holy Office," the appointment of bishops, the relation of the Churches of the Orient to the Latin Church, the various steps by which a diocesan religious congregation obtains the approval of the Holy See and becomes pontifical, the evolution of a mission from an apostolic prefecture to a diocese, steps to beatification and canonization, special procedure of the Sacred Penitentiary, process of a marriage case through the Rota, kinds of papal documents, the election of a new Pope. Priests and religious, as well as the interested laity, are indebted to Father Heston for having made all this information available in handy form and at a reasonable price. Twenty-two illustrations and three charts enhance the usefulness of the volume. --ADAM C. ELLIS, S.J. LITTLE MEDITATIONS ON THE HOLY EUCHARIST. By Rev. Thomas D. Williams. Pp. 319. The Bruce Publishing Company, Milwaukee, Wis-consin. $3.50. The Holy Eucharist deserves our whole-hearted appreciation and highest esteem. Yet, because it is shrouded in mystery, and our senses fail to penetrate the veil which hides the Real Presence of Jesus on our altars, we often fail to value this priceless Gift of God as we should. How can we become thoroughly acquainted with so inestimable a treasure, how acquire a conscious security of faith? By frequently meditating on the Real Presence, on the value of Holy Communion, and on the significance of the Sacrifice of the Mass. To make this easy and attractive, Father Williams offers a short meditation for every day of the year on some phase of the Eucharistic mystery. These considerations, based on the words of Scripture and the teachings of theology, are so clear and simple, so attractive and devotional, that any one who ponders them slowly and prayerfully will continually grow in knowledge and love of the Holy Eucharist. The author makes excellent and practical use of Scripture texts, which lend a stimulating touch to every paragraph. Throughout 260 September, 1950 BOOK NOTICES we sense a mellow tone of ~olid piety, and nowhere is there the least evidence of sentithentality or pious exaggeration. We highly recom-mend the book for use in visiting the Blessed Sacrament. --HENRY WILLMERING, S.J. BOOK NOTICES WE LIVE WITH OUR EYES OPEN is a sequel to the earlier work by Dom Hubert van Zeller, O.S.B., which was entitled We Die Standir~g Up. In his first book Father van Zeller treated chiefly the obstacles encountered in the quest for holiness. In the thirty-nine essays of the present volume he centers our attention on the means to sanctity. Here as before the treatment of his theme is straightforward and stimulating. Most of the essays discuss the use of creatures, in-terior prayer, mysticism, asceticism, and the proper orientation of the virtue of love in general and as applied to the sacrament of matri-mony. (New York: Sheed ~ Ward, 1950. Pp. x -q- 172. $2.00.) Richelieu's France of the seventeenth century was the scene for the life and work of Charles de Condren, the second superior of the Oratory in France. M. V. Woodgate's CHARLES DE CONDREN iS not a mere pious biography in the old tradition, but a balanced, though brief, account of a very human, holy, and at times, weak personality. (Westminster, Md.: The Newman Press, 1950. Pp. xi + 155. $2.25.) LITURGICAL PRAYER: ITS HISTORY AND SPIRIT, by Msgr. Fer-nand Cabrol, O.S.B., is an offset reproduction of a liturgical classic which first apeared in its French original in 1900. It was later trans-lated by a Benedictine of Stanbrook in a 1921 edition. The litera-ture and the notes cited are, therefore, of the last years of the last cen-tury, but the text, by a man who could combine deep knowledge with popular presentation, is as timely now as when first written. (Westminster, Md.: The Newman Press, 1950. Pp. xiv -t- 382. $3.50.) The important role of congregations of religious women in the development of the Church, and especially of Catholic education, in the United States cannot be overemphasized. One of the latest his-torical studies dealing with this theme is Sister Maria Kostka Logue's SISTERS OF ST. JOSEPH OF PHILADELPHIA. This carefully docu- 261 BOOK ANNOUNCEMENTS Reoieto for Religious mented, highly objective, and interesting work covers a century of growth and development of the Congregation in the eastern states from 1847 to 1947. (Westminster, Md.: The Newman Press, 1950. Pp. xii q- 380. $5.00.) Religious, by profession particularly interested in the hidden life of Christ with its message of self-effacement, obscurity and obedi-ence, should be grateful to Dr. Patrick J. Temple for PATTERN DIVINE: OUR LORD'S HIDDEN LIFE. This book fills a real need, for too many books on the childhood of Christ are either apologetic or piously exaggerated, while chapters in standard "Lives of Christ" are generally too meagre. Dr. Temple gives a detailed account of the exterior life of the Holy Family at Nazareth and presents the Jewish life, society and thought that affected the youthful Christ. Every page of the book is documented, and the explanations in the foot-notes justify the claim that the story of PATTERN DIVINE is not imaginative and fictitious, but sober truth and reliable fact. The devotional tone, which pervades the whole account, is conspicuous in a concluding summary paragraph for each chapter. A very copious bibliography and a detailed index are additional assets of the work. (St. Louis: B. Herder Book Company, 1950. Pp. xii-k 389. $5.00) PRAYER FOR _A_LL TIMES, by Pierre Charles, S. J., and trans-lated from the French by Maud Monahan, is a reprint of a spiritual classic that has already gone through seven editions. The publishers are to be congratulated for combining the former three separate vol-umes. into one. Each of the ninty-nine chapters of two and one half pages deals with some important point in the spiritual life. The book can be used either for spiritual reading or for points for medi-tation. One chapter at a time is sufficient since each chapter demands reflection, application, prayer. The deep spiritual insight and many practical suggestions are brought home in a kindly spirit and a graphic style. (Westminsier, Md.: The Newman Press, 1950. Pp. 328. $3.50.) BOOK ANNOUNCEMENTS [For the most part, these notices are purely descriptive, based on a cursory exam-ination of the books listed.] THE GRAIL, St. Meinrad, Indiana. THE HOLY RULE OF ST. BENEDICT. Pp. xiv q- 95. $1.00 (paper) ; $2.00. (cloth). 262 September, 1950 BOOK ANNOUNCEMENT8 SAINT BENEDICT THE MAN. By Dom I. Ryelandt, O.S.B. Translated from the French by Rev. Patrick Shaughnessy, O.S.B. Pp. 102. $1.25. The first book, a second printing, besides the Rule contains a Short biographical sketch of St. Benedict by Aidan Cardinal Gasque~ and a sermon on the saint by Pope Pius XlI. The second contains three studies of the inner life, "the moral physiognomy," of St. Bene-dict. The studies are based on an analysis of his Rule, on St. Greg-ory the Great's life of th~ saint, and on a comparative study of St. Benedict and St. Francis de Sales. B. HERDER BOOK COMPANY, St. Louis, Missouri. CHRIST THE SAVIOR. By Rev. Reginald Garrigou-Lagrange, O.P. Translated by Dom Bede Rose, O.S.B. Pp. iv + 748. $9.00. This is the English edition of Ft. Lagrange's Latin textbook, DE CHRISTO SALVATORE, a commentary on the Third Part of St. Whomas's SUMMA THEOLOGICA. A thirty-page "Compendium of Mari-ology" rounds out the volume. ISTITUTO PADANO DI ARTI GRAFICHE, Rovigo, Italy IL DIRITTO DELLE RELIGIOSE. By Rev. Louis Fanfani, O.P. Pp. xxii + 346. L. 1500. This is the third edition of the author's Italian LAW FOR RELIGIOUS WOMEN based on his larger Latin work, DE IURE RELIGIOSORUM. "It has been brought up to date with the most recent decisions of the Holy See, and has been improved in some points by a more accurate exposition of the canons of the Code referring to religious women." NEWMAN PRESS, Westminster, Margland. REVOLUTION IN A CITY PARISH. By Abb4 G. Michonneau. Pp. xxi -~- 189. $2.50. The city parish is in the mission of France among the working class population in the Paris suburbs. A co-worker, Father H. Ch. Ch4ry, O.P., and the Abb4 discuss in dia-logue form the needs and difficulties, the objectives and methods in their missionary apostolate. SAINT PAUL AND APOSTOLIC WRITINGS. By Sebastian Bul-lough, O.P. Pp. xviii q- 338. $3.00. This latest volume in the series of Scripture textbooks for use in Catholic schools in England deals with the Pauline Epistles, the seven Catholic Epistles, and the Apocalypse. Ft. Bullough's exegesis and commentary provide a valuable background for a more intelligent and fruitful understand-ing of these important New Testament writings. 263 BOOK ANNOUNCEMENTS Ret;ieto for Religious SERMON NOTES ON THE SUNDAY PROPERS. By Rev. F. H. Drinkwater. Pp. 119. $2.00. A reprint. The author derives useful themes from parts of the Mass propers exclusiye of the epistles and gospels. SOME RARE VIRTUES. By Raoul Plus, S.J. Translated from the French by Sister Mary Edgar Meyer, O.S.F. Pp. vi q- 213'. $1.75. All virtues are rare, but some that Fr. Plus treats of are especially rare, such as "Knowing how to be grateful," "Good use of time" and "Pity for the sick and afflicted." It is the first English publication of this work. THE. SUPPLICATION OF SOULS. By St,f Thomas More. Edited by Sister Mary Thecla, S.C. Pp. xiii -{- 187. $2.50. This book is Thomas More's refutation of the heretical work of Simon Fish,' SUPPLICATION FOR THE BEGGARS. This is an instance to prove Father J. J. Daly's remark "More's was the" only pen at the service of the Church to do battle in the vernacular against heresy." In the book St. Thomas defends the clergy against irreverent and unfair attack and upholds the doctrine on purgatory, making a moving ap-peal for the poor souls. The book is mostly, but not exclusively, of historical interest. FOR YOUR INFORMATION (Continued from page 251) tolic Press Association, a non-profit organization. One departure from existing journalism is the financing of the paper. Instead of advertising it will depend on circulation revenue. And for initial expenses the founders are enlisting the charity of those Catholics who believe there is a need for such a paper. There will be five issues weekly, and two editions: one local and one national. The national edition will be delivered by air cargo and should reach most subscribers on the day of publication. Prices for one year are: $14.00 for the national edition; $12.50 for the local. For the scale of prices on shorter terms, as well as for other informa-tion, write to: The Sun Herald, 702 East 12th St., Kansas City 6, Mo. Confessors' Patron St. Alphonsus Liguori, founder of the Redemptorists, has long (Continued on page 280) 264 ues!: ons Answers ~2 Im We wish to gain the Jubilee indulgence. Our local ordinary has made no pronouncement on the subject. Have our i:onfessors the authority to prescribe the necessary conditions for gaining this indulgence? Is it neces-sary to go to confession and to receive Holy Communion each time? As Father Bergh pointed out in his article on "The Holy Year of 1950" in the January number of the Reuieto, the general require-ments for gaining the Jubilee indulgence in Rome are: reception of the sacraments of Penance and.the Eucharist,-and visits to the four major Roman basilicas in which certain prescribed prayers must be said. Outside Rome, for those who are entitled by way of exception to gain the Jubilee indulgence at home (all women religious among others), the local ordinary or any confessor delegated by him may substitute other works, of religion, piety, and charity in place of the visits to the four Roman basilicas. In places where the local ordinary has, made no provision, confessors may presume that they have received tacit delegation to make the substitution. Confession and Holy Communion are required for each gaining of the indulgence. ~22m Is it in accord with canon law for religious 1o be given permissibn ÷6 take trips during the summer if their relatives pay the expensesmeven if those trips are pilgrimages to Rome and to various shrines? The obligation to common life which is imposed upon all reli-gious by canon 594 forbids superiors to allow certain members of the community to take a trip (even though it be a pious pilgrimage) merely because parents, relatives, or friends are willing to pay the expenses. Common life requires that the community supply a reli-gious with whatever he needs, just as everything which comes to him as a religions must be put in the community funds. Common life also requires that, generally speaking, equal opportunities be given to all members of the community. Hence a superior could allow the members of his community to make a pious pilgrimage provided that he supplied the necessary expense money for such members of his community as do not have relatives or friends who are willing to pay for them. Again, the constitutions of the community would have to be consulted to see whether such trips, pious or otherwise, are allowed. An article explaining this matter of common life in 265 QUESTIONS AND ~NSWERS Review for Religious detail will be found in this Review for January, 1948, pp. 33-45. When we say that common life generally requires that equal opportunity be given to all, we do not mean that it is a~ainst com-mon life to allow certain privileges (like a pilgrimage) to jubilari-ans, to the perpetually professed, and so forth. In such cases, how-ever, the use of the privilege should be extended to the whole group and should not be limited to those who can procure the necessary funds from relatives or friends. --23- Has a meeting of provincial superiors presided over by the superior general and his councilors the authority to change a custom which has been observed in the congregation for over one hundred years, or is such a change reserved to the general, chapter? Only a general chapter can change customs which are common t~ a religious congregation. The constitutions could give the power to the superior general and his councilors, but this would have to be stated explicitly. --24~ What precisely are the Normae, so often referred to in leglslation for religious communities? How much authority is aHached to them? Must all constitutions and custom books of nuns conform to these Normae? About the year 1860 the Sacred Congregation of Bishops and Regulars, then in charge of all religious orders and congregations, began to establish uniform regulations for the new religious congre-gations, especially of women, which were increasing in number. More or less uniform sets of constitutions were given to them on trial, until they took permanent shape for each congregation in the draft which was given final approval. In the course of forty years some things were changed, others were added, and some were dropped. These regulations, in the shape of a set of model constitutions for religious congregations with simple vows, were published on June 28, 1901 under the title of Norms according to which the Sacred Congregation o~ Bishops and Regulars is accustomed to proceed in the approval of new institutes with simple vows. The Normae did not establish any formal legislation for religious congregations, but were published for the sole use of the Sacred Congregation as a guide in the composition and construction of constitutions for new congre-gations with simple vows seeking the approval of the Holy See. Thus most of the congregations approved during the last part of the nine- 266 September, 1950 QUESTIONS AND ANSWERS teenth century and first part of the twentieth (until the new Code of Canon Law in 1918) are based exclusively on the Normae. These old constitutions had to be revised in order to bring them into con-formity with the new Code of Canon Law. However, most of the matter contained in the Normae was incorporated into the Code, with modifications, omissions, and additions, of course. Hence the Normae are useful even today because they give us a better under-standing of the canons of the Code which deal with similar matters, as well as of the constitutions themselves in which the wording of the Normae has been retained in great part. To answer our question-: New constitutions and customs need not and should not conform to the old Normae but exclusively to the present Code of Canon Law. --25~ Is ÷here any difference in ÷he meanlncj and in the use of the followin9 words applicable to Sisters taken collectively: community, order, sister-hood, congregation, institute? In everyday life these general terms are used indiscriminately to signify a group of religious women. Canonically speaking, how-ever, there is a difference in their meaning, which is contained in the definitions provided for us in canon 488 of the Code. Thus: (1) An "institute" (religio) is any society, approved by legitimate ecclesiastical authority, the members of which tend to evangelical perfection, according to the laws proper to the society, by the profes: sion of public vows, whether perpetual or temporary. (2) An "order" is an institute whose members make profession of solemn vows. (3) A "religious congregation" or simply a "congregation" is an institute whose members make profession of simple vows only, whether perpetual or temporary. The canon does not define the terms "community" and "sisterhood," but it does define (4) "nuns" as religious women with solemn vows or, unless it appears other-wise from the nature of the case or from the context, religious women whose vows are normally solemn, but which, by a disposition of the Holy See, are simple in certain regions; whereas "sisters" are reli-gious women with simple vows. The term "community" is not used officially in canon law. It popularly indicates either an "institute," which is a general term in-cluding both orders and congregations, or it is used to identify a local group of religious, classified in canon law as a "religious house." "Sisterhood" is a popular term for an institute of religious women, 267 QUESTIONS AND ANSWERS whether of nuns or of sisters, though technically it should be restricted to an institute of sisters only. 26 Do the words: rule, holy rule, constitutions, and customary, represent distinct thlncjs, or has the term "the rule" the same meanincj as "constitu-tions"? Technically the term '"Rule" always refers to one of four great rules which most religious orders followed down to the sixteenth century, and which they still follow, and which are followed by a number of modern religious congregations. These are: the Rule of St. Benedict, the Rule of St. Basil, the Rule of St. Augustine, and the Rule ot: St. Francis. To these four rules, which are stable and unchangeable, other regulations regarding details not contained in the rules have been added, and these additions were called "constitu-tions." In the sixteenth century the new orders of clerics regular who did not adopt any of the four great rules, introduced a new system whereby the fixed and stable parts of their legislation were called "constitutions" while other minor regulations which were changeable were called "rules." Modern congregations, even though they follow one of the four great rules, have a body of practical legislation known as "constitu-tions," and approved either by the local Ordinary or by the Holy See. Minor observances are called "regulations" or "rules." The term "customary," or "book of customs," and the like, indicate observances usually brought into being by custom or usage, first in one community, then in another, and finally in a whole insti-tute. These may be changed by a general chapter, but no general chapter has the right to change the constitutions approved by the Holy See or by the local ordinary. OUR CONTRIBUTORS P. DELETTER is a member of the faculty of St. Mary's theological college, Kurseong, India. WINFRID HERBST, writer, retreat master, former master ot~ nov-ices, is on the faculty of the Salvatorian Seminary, St. Nazianz, Wisconsin. GER-ALD KELLY and JEROME ]~REUNIG are members of the editorial board of the REVIEW FOR RELIGIOUS.Fr. Breunig succeeds Father Alfred Schneider as editorial secretary. 268 Report !:o Rome [In the following pages we conclude the publishing of the List of Questions to be answered in the quinquennial report by pontifical institutes. We have printed these questions, not only as an aid to superiors who must answer, them, but also as a means of giving all religious a better knowledge of the Church's law concerning religious. The questions are published exactly as they appear in the official English trans-lation. Questions marked with an asterisk (*) concern only institutes of men: those marked with a cross ('1") refer only to institutes of women. For information about the means of obtaining the copies of the questions, see p. 236.--ED.] ARTICLE III Coneernlncj those who have departed or been dismissed, and others who leave the Institute Concerning those who haue gone out from the Institute 248. a) How many in the Institute and in each Province, at the expiration of their vows did not renew them, either because they chose not to do so or because they were not allowed to do so. b) How many of the professed of temporary vows were dis-pensed during their vows, and how many of the professed of per-petual vows were dispensed. 249. Were those who were dispensed from tbeir vows at their own request or with their consent, forced, or without serious and grave reasons and precautions permitted, to leave the religious house before the rescript was duly executed. 250. How many transfers, if any, were there to another In-stitute. C6ncerning apostates and fugitiues 251. a) How many apostates and fugitives, if any, were there during the five-year period. b) Did the Society or Institute observe the provisions of law concerning apostates and fugitives, by seeking them (c. 645 § 2),and if this proved fruitless, by proceeding against them according to law, so that their juridical condition should be clearly defined. Were the provisions of law regarding those who came back observed (cc. 2385, 2386), and is watchful provision made for their spiritual good. Concerning those dismissed bg Superiors and those not admitted to profession 252. a) Since the last Report, how many of the professed of 269 REPORT TO ROME Review for Religious temporary v, ows and how many of the professed of perpetual vows have been dismissed, according to Provinces. b) In the dismissal of religious, whether of temporary or of perpetual vows, were the norms of the common law (cc. 647 § 2, 649-672) as well as those of the Constitutions observed. c) Was the same done in regard to not admitting the professed of temporary vows to the renewal of their vows or to perpetual profession (c. 637). 253. Were the dismissed of temporary vows, while the recourse duly made within ten days was pending (c. 647 § 2; S. C. of Reli-gious, 20 July 1923, AAS, XV, I923, p. 457), and the dismissed of perpetual vows, before the decree or judgment of dismissal had been confirmed by the Sacred Congregation (cc. 652, 666), forced to leave the Institute. 254. Are the dismissed who are not in sacred orders released from their vows by the dismissal (c. 669 § 1); and if the vows remain, does the Institute show solicitude regarding their condition (c. 672 § 1). Concerning those dismissed by the law itself and those sent back to the world 255. What were the cases, and the causes which led to them, for both the professed of temporary and those of perpetual vows, where they were either sent back to the world on account of grave scandal or very grave harm (co. 653, 668) or dismissed by the law itself (c. 646). 256. Were steps immediately taken according to the Code (cc. 646 § 2, 653, 668) to determine the condition of those dis-missed by the law itself and of those sent back to the world. 257. Is there any such person whose condition still r~mains undetermined. 258. What cases if any have occurred of the reduction to the lay state of religious who had received sacred orders; how many were voluntary and how many penal. Concerning those who were exctoistered 259. How many cases of exclaustration were there, if any; are the causes carefully and conscientiously pondered in the presence of God before the petition is recommended and the rescript executed. 260. Does the Institute take care: a) That if it seems necessary to ask for an extension of the 270 September, 1950 REPORT TO ROME indults, they be renewed in due time. b) That the persons who are excloistered lead a worthy reli-gious llfe and return as soon as possible to some house of the Insti-tute. 261". Likewise does the'Institute take care regarding those who have been secularized on trial, and regarding their return to religion if at the expiration of the three-year period the indult is not renewed or they are not accepted, by the Ordinary. Concerning absences from the house ¯ 262. Do Superiors see to it that subjects remain out of the house only for a just and grave reason and for the shortest possible time, according to the Constitutions (c. 606 § 2). 263. For absences which exceed six months, except for studies or ministries according to law and the Constitutions, was the permis-sion of the Holy See always obtained (c. 606 § 2). 264. Is it allowed by reason or under color of a vacation, that time be spent with one's parents or outside a house of the Institute. Concbrning the deceased 265. Were the prescribed suffrages faithfully and promptly per-formed for all the deceased. ARTICLE IV Concernincj the various classes and conditions of religlous § 1. - CONCERNING CLERICS (This is dealt with in the Report on formation and studies). § 2. - CONCERh~ING Conversi OR COADJUTORS Concerning their education and training 266. Do Superiors, in accordance with c. 509 § 2, 2° give to those religious who belong to the class of conversi, instruction in Christian doctrine; and do Superiors, both before and after their pro-fession but especially during the earlier years, carefully attend to their spiritual, intellectual, civil and technical education according to the functions which they have to fulfill. 267. Are the religious allowed to engage in works which do not seem to be suitable to the religious state. 268. Do Superiors with paternal charity diligently provide also for the bodily health of the conversi or coadjutors. 271 REPORT TO ROME § 3. CONCERNING THOSE WHO ARE APPLIED TO MILITARY SERVICE Concerning the profession of those who are to be called for the first time to active militarg service 269*. Did Superiors regulate according to the decrees of the Holy See the temporary professions of those who are to be called for the first time to active military service or its equivalent. 270*. Were perpetual professions permitted before the first active military service or its equivalent, to which the young men are liable to be called. Concerning the religious during their militarg service 271". a) Did Superiors take care of their members in the service, watch over their life, communicate frequently with them, requiring a periodical account of their conduct, their actions and exercises of piety, etc. b) What special means were used to secure their perseverance. 272*. In cases of dismissal for just and reasonable causes, or of voluntary s.eparation from the Institute, did the Major Superior fol-low the p~escribed procedure and faithfully conserve all the docu-ments in the Archives. Concerning the renewal of temporarg profession after military service and the making of perpetual profession 273*. For admission to the renewal of temporary profession, was everything done which is prescribed by the common law and in the decrees regarding this matter. 274*. Was the prescribed time of the temporary profession com-pleted after military service, and also the time of the temporary vows which is prescribed by law and by the Constitutions before the making of the perpetual profession. CHAPTER III CONCERNING THE WORKS AND MINISTRIES OF THE INSTITUTE ARTICLE I Concerning minis÷ties in general Concerning the special end and the works of the Institute in general 275. Were the ministries proper to the Institute abandoned or neglected. 276. Were any works engaged in which are not contained in the 272 September, 1950 REPORT TO ROME special end of the Institute; if so, with what permission was this done. Concerning abuses in the exercise of ministries 277. Were any abuses in the exercise of ministries introduced during this time; if so what were they. 278. Is all appearance of avarice carefully avoided on the occasion of ministries. 279. Was begging from door to door, according to law (cc. 621, 622) and the Constitutions, done with the required permissions. 280. Moreover, in begging, were the rules of law (c. 623), the instructions of the Holy See (c. 624) and the norms of the Consti-tutions observed. 281. By reason of or under pretext of ministries, are an excessive or too worldly communication with seculars and frequent and pro-longed absences from the religious house permitted. 282. What precautions are taken in this communication in order to avoid harm to the religious and scandal to seculars. Concerning difficulties with the secular clergy or with other Institutes, etc. because of the ministries 283. On the occasion of the ministries did any friction occur with ecclesiastical Superiors, with pastors and the secular clergy, with other Institutes or with Chaplains. What were the chief instances of such difficulties and where did they occur. 284. What probable reasons can be assigned for these difficulties. and what remedies can be suggested for their avoidance. ARTICLE II Concerning special ministries Concerning Missions among infidels and heretics 285. In the Missions, or in any one of them, did the religious life suffer any harm, and if so, what were the reasons for this. 286. What safeguards were used or should have been used so that in the apostolate the faithful observance of religious discipline and the care of one's own sanctification be better secured. 287*. In the Missions, is the internal religious Superior distinct. from the ecclesiastical Superior. 288*. Did this union of offices in the same person result in advantages or rather in disadvantages. 273 REPORT TO ROME Review for Religious Concerning Parishes, Churches and Sanctuaries 289*. For the incorporation or union of parishes, was an indult of the Holy See obtained, according to cc. 452 § 1, 1423 § 2, so that there should be a union or incorporation properly effected. 290*. In what form were Parishes united to the Institute: pleno iure (absolutely, at the will of the Holy See), in temporalibus, etc., and from what date. (A copy of the document should be sent if there is one). 291". Was an agreement made with the Ordinary of the place to accept any parish. (Send copies of the agreements made during the five-year period). 292*. How do Superiors watch over and assist those of their subjects who are pastors (c. 631 §§ I-2), and in case of need admonish and correct them. 293*. Was the office of local Superior ever united with that of pastor, observing c. 505; did this union give rise to difficulties, or was it on the contrary attended with good results. 294*. Did the Institute obtain from local Ordinaries that Churches or Sanctuaries should be entrusted to it; if so, with what permission and on what terms and conditions was this done. 295*. How do all Superiors see to it that religious discipline suffer no harm from the ministries engaged in by the religious in parishes or in public churche~ which are entrusted to them. Concerning Colleges, Schools and Seminaries 296,*. Has the Institute entrusted to it any Seminaries of clerics, and if so on what terms. (Documents and agreements entered into regarding this matter during the five-year period should be attached). 297*. In these Seminaries, are there any difficulties with the Ordi-naries, concerning either the religious life and discipline or the gov-ernment of the Seminary. 298*. What measures and efforts are employed toward the sound and thorough training and religious education of the students. 299. Are there houses for the residence of young people who are attending public schools. 300. In these cases is very special care taken to see that the schools are safe from the standpoint of both instruction and education; especially is a careful supervision maintained over the instruction and religious education; and if there are any deficiencies are they carefully remedied. 301t. Are there schools which are attended by both sexes; 274 September, 1950 REPORT TO ROME as regards fixing the age beyond which boys may not be admitted or retained, have the prescriptions made by the Ordinaries been observed. 302. Do Superiors strictly see to it that Rectors, Prefects, Teach-ers and Professors receive adequate preparation for their work: a) Scientifically, by acquiring knowledge which corresponds adequately to the grade of the class, and by obtaining degrees and certificates, even such as are recognized outside ecclesiastical circles. b) Pedagogically, by the study and practice of the art of teaching. c) Spiritually, so that they may exercise the office of teaching with a genuine zeal for souls and make it a means of sanctification for themselves and others. 303. Do Superiors carefuIly see to it that the work of teaching be properly harmonized with religious discipline. 304. Did they promptly remove from the office of teaching those who in practicing it make light of the religious life and are not a good example to the students. Concerning the practice of the corporal works of mercg 305. Does the Institute practice the corporal works of mercy toward the sick, orphans, the aged, etc. 306. Are there: a) Guest-houses and hospital