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Quotes from Josep Colomer:Constitutional Polarization. A Critical Review of the U.S. Political SystemRoutledge, 2023.  CLICK to purchaseA collection of 6 posts. 1 - Why a Federation? The aim of the Convention in Philadelphia was not to experiment with democracy in a large territory, but to create a "stronger", "firmer" government able to defend the new independent states from the British and other foreign troops still over the continent. The priority was to create a standing army, to pay the debt for the War for Independence, and to introduce the subsequent federal taxes. The basic institutions were the states-appointed Senate and the mighty President with war powers.Some delegates warned that in the new and independent United States, people would not accept, again, taxation without representation. That's why the House of Representatives was embodied as the democratic component of the government. Then, the delegates responded to its perils by designing a series of "filters" and "checks" to prevent the House from prevailing over the other components. The separation of powers and their institutional checks were a cap, intended to tame and temper democracy. NOT A DEMOCRACYMadison warned against "the amazing violence and turbulence of the democratic spirit," and stated, "democratic communities may be unsteady, and be led to action by the impulse of the moment." Later, in the campaign to ratify the Constitution in New York, he would hold that, in the past, democracies "have ever been found spectacles of turbulence and contention … and as short in their lives as they have been violent in their deaths."Alexander Hamilton would allege that "the zeal for the rights of the people has been a much more certain road to the introduction of despotism than the zeal for the firmness and efficiency of government." In his view, democracies are manipulated by people who "commence as demagogues and end being tyrants."Gouverneur Morris was an influential delegate from Pennsylvania who is credited as the main redactor of the final text of the Constitution. He also cautioned against "the turbulence, the precipitation, changeableness, and excess" of democratic assemblies.Other delegates in the Convention referred to "the fury" and "the folly" of democracy. One confessed, "It's the anarchy, or rather worse than anarchy of a pure democracy, which I fear." Another simply stated, "democracy, the worst of all political evils." DIVINE HANDAbout the divine hand guiding the constituents, see, for example:     "America felt that the hand of providence was on the young republic … There can be little question that the hand of providence has been on a nation which finds a Washington, a Lincoln or a Roosevelt when it needs him," Seymour M. Lipset, American Exceptionalism, W. W. Norton, 1997, pp. 13–14.    "I can't wait to go to Heaven and meet the Framers and tell them the work that you did in putting together our Constitution is a work of genius. Thank you. It was divinely inspired," Mike Pence, Vice-President of the United States in December 2020. Reported by Gregory Jacob, Counselor of the Vice-President, to the Select Committee to Investigate the January 6 Attack on the United States Capitol, June 16, 2022. 2- An elected MonarchyMONTESQUIEUIn the imaginary Constitution of England described by Montesquieu, the powers of the three institutions were so challenged and limited by mutual checks that the most likely result would be governmental paralysis. He held that in order to prevent abuses, "Power should stop ["arrête" in French] power"; brake, not just "check" as it was sloppily translated. In Montesquieu's words, with these rules, "these three powers should naturally form a state of repose or inaction." In the perhaps unlikely or infrequent case that public affairs required some action, he conceded that the three powers should be "forced to move, but still in concert." Madison would only ambiguously paraphrase, "Ambition must be made to counteract ambition."   There was a problem: Montesquieu had misunderstood how the British system actually worked. What he described was closer to an old-fashioned, outdated model that, in the best of cases, could be identified with a transitory, provisional past period in England's history. It did not correspond with the political system in motion when he visited London, and even less with practices contemporary to the Framers gathered in Philadelphia several decades later. By following Montesquieu's obsolete account, the authors of the US Constitution misunderstood the source.MONARCHYThe monarchical proposal was most explicitly presented by Alexander Hamilton. He did not attend most of the Convention sessions, but on June 18, he showed up, took the floor, and delivered a prepared speech for more than five hours, no break for lunch, that left the delegates flabbergasted. Hamilton proposed a president that would be chosen by electors and serve for life. Such an "elective Monarch" would appoint the state governors and could veto state laws. At the federal level, the president would also be the arbiter for expected regular conflict between the Senate also appointed for life and the popular House: "This check is a Monarch," he suggested, "capable of resisting the popular current." The president, with absolute veto over congressional legislation, would be "a salutary check upon the legislative body." According to Ron Chernow, his biographer, Hamilton had written in his personal notes for his Convention speech that the president would not only be appointed for life but also "ought to be hereditary and to have so much power that it will not be his interest to risk much to acquire more." Yet, probably sensing the audience's reluctance to his already delivered proposals, he skipped that part.    Adams, who would become the US' first vice president and the second president, was suspected of having monarchist leanings. He would propose calling George Washington "His Majesty the President," thought hereditary rule inevitable, and, after Washington's childless tenure prevented it, he would be the first to make his son run for president.3-The Founders' Portraits in WashingtonWhat one can see and guess about these characters by looking at eight portraits,  the first five by Gilbert Stuart and the next two by John Trumbull at the National Gallery of Art, and the eighth by Joseph Siffred Duplessis at the National Portrait Gallery.             4- How the System Actually Works CHECKS AND GRIEVANCESAlexander Hamilton clearly lay on the side of scant congressional legislation. He said, "The injury that may possibly be done by defecting a few good laws will be amply compensated by the advantages of preventing a number of bad ones." It was like fasting for the sake of not being poisoned; the result is anemia, not good political health.In practice, there are checks but no balances. The existing blockingmechanisms in the US constitutional system do not produce balances in favor of a few good laws. They are largely unbalanced in favor of the Presidency and its powers, which is aggravated by the biases of the presidential elections.The US constitutional plan, instead of relying upon positive institutionalincentives, such as the expectation of sharing power in the Cabinet, countedon politicians' virtuous behavior. Yet, absent our better angels' motivations, the system of negative checks becomes a machine for sustained conflict. PRESIDENTIALISMThe greatest increase in presidential power has derived from wars. From General George Washington, leader of the Revolutionary War for Independence, through Theodore Roosevelt, a high-level combatant in the Spanish-American War in the Caribbean, eleven of the first twenty-five presidents were war men. Whether as generals, national heroes, or upper-echelon military officers, Andrew Jackson, William Harrison, Zachary Taylor, Franklin Pierce, Ulysses Grant, Rutherford Hayes, James Garfield, Benjamin Harrison, and William McKinley fought in the wars against the British, the Indians, the Mexicans, or, in the Civil War, other Americans, and their military feats helped them to be elected.Alexander Hamilton had already identified the management of foreign affairs as the main way to expand executive powers: "It is of the nature of war to increase the executive, at the expense of the legislative authority." Discussing rates of presidents, historian Arthur M. Schlesinger Jr. observed that war "made it easier for a president to achieve greatness.            5- No Parties, But PolarizationNO PARTIESThe Framers were confident about the future of the republic because they miscalculated that in a great, expanding, and diverse Union with multiple institutional checks, it would be unlikely that nationwide parties could be created. They expected that the best individuals with "enlightened views and virtuous sentiments" would lead the new politics against "the pestilential influence of party animosities" and "the pestilential breath of faction," as scorned by both James Madison and Alexander Hamilton, respectively. Currently, the two major political parties in the US encompass a range of policy proposals and ideological orientations comparable to the typical European system with multiple parties: There are liberals and socialists within the Democratic Party, and conservatives and populists within the Republican Party, with the minor Greens and Libertarians flanking each side. However, the political competition is polarized by two parties or candidates because of the electoral system and the election of the president.POLITICAL, NO SOCIAL POLARIZATION The polarization of parties and candidates is more politically consequential than the polarization of voters. Generally, parties can lead and carry voters in their direction, either to closeness or to distance from each other, but to a limited extent. That is because it is less difficult to coordinate and mobilize a few thousand politicians than millions of voters. If parties and political leaders move to radicalize their positions and provoke polarization, voters may follow and become more polarized in their preferences, but usually less than the politicians and parties come to be. If, conversely, parties moderate and converge in their positions, voters may also moderate themselves but less than the partisan politicians do.FEAR AND NATIONAL FERVOR During the Cold War, many citizens developed a sense of unity, love of patriotic values, and pride in the American way of life. They trusted the rulers, who appeared as their protectors and providers of security. Challenging the government in the middle of a war would have been regarded as treason. In parallel, the ruling officials were able to keep many state secrets, their policy performances were not seriously evaluated, they enjoyed discrete privacy from the media, and gained support and devotion from the public.After the Cold War, without the threat of a nuclear war, the public lost their fear. There was a new openness to indiscretion and transgression. The new political atmosphere became the opposite of the previous period: a general mistrust of government, close scrutiny of corrupt practices, leaks of confidential plans and messages, frequent scandals about politicians' business or private affairs, and loud calls for more transparency and accountability. After the Cold War with the Soviet Union, the "peace dividend" that appeared to be a potential source of domestic progress led instead to domestic mayhem. With just a little exaggeration, one could say that, over the years, the international Cold War was replaced with a domestic cold war.          6- Towards the 2024 ElectionPRIMARIESThe primaries mechanism is a substitute for the formation of multiple parties. To build a majority, in Europe and other democracies, a coalition of multiple parties must be formed after the election; in the US, a coalition of multiple factions within a party must be formed before the election. In European parliamentary systems with multiple parties, the mess comes after the election; sometimes, the formation of a coalition in parliament for the choice of a prime minister takes months. In the US, the mess is before the election; the process of simplifying the pluralistic setting to only two major presidential candidates starts more than a year before Election Day. These alternative experiences both confirm that, in the absence of a traditional monarch, simplifying a complex society to one single executive leader is always a challenging endeavor.The main drawback of the system of partisan primaries is that it may not produce a majority in support for the winning candidate but it can result in the nomination of an extreme or unqualified demagogue who would be rejected by a majority of voters.The turnout in the presidential primaries has increased to nearly 50% of the party voters in the general election since the 2010s. However, the number of primary candidates within each party has also increased, up to double digits in recent seasons, which reduced the support for the winner. In 2016, Donald Trump was voted in the primaries by only 22% of his voters in the general election; Hillary Clinton, by 26% of her votes in the general election; and in 2020, Joe Biden by only 23%.SPLITTING CANDIDATESIf popular participation increases, partisanship becomes more compact, and the potential political pluralism of the country is not well articulated by the party system, third and further candidates reappear. They indirectly made a winner by splitting partisan support in at least four of the first eight presidential elections after the Cold War. The independent Ross Perot split Republican voters twice, in 1992 and 1996, and twice produced a Democratic winner with a minority of popular votes. The other way around, the Green Party's Ralph Nader split Democratic voters in 2000 and produced a Republican winner with a minority of popular votes. Also, the Greens and other candidacies absorbed potential Democratic voters in 2016 and helped make a Republican candidate the winner with a minority of popular votes.CAN TRUMP RETURN?There are also precedents of traitors who persisted in politics, ran for office, were elected, and provoked further turmoil. At least two former presidents joined the Confederacy during the Civil War. Former Whig President John Tyler, who had replaced William Harrison at his death one month after entering office, was first elected to and chaired the Virginia Secession Convention, and during the Civil War, he was elected first to the Provisional Confederation Congress and then to the Confederate House of Representatives. Former Democratic President Franklin Pierce collaborated closely with Confederacy President Jefferson Davis. Also, former President Andrew Johnson was elected senator on an anti-Reconstruction platform.Collection:1- Why a Federation2- An Elected Monarchy3- Psychological Portraits of the Founders and Framers4– How the System Actually Works5- No Parties, But Polarization6- Towards the 2024 Election

La presente investigación hace referencia a la revocatoria directa de los actos administrativos definida por el Consejo de Estado, Sala de lo Contencioso Administrativo (2009), como: Una herramienta de la que pueden hacer uso tanto la Administración como el administrado para que en sede administrativa desaparezcan del ordenamiento jurídico aquellos actos administrativos que estén en oposición a la Constitución Política o a la ley, que no estén conformes con el interés público o social o cuando con ellos se cause agravio injustificado a una persona. (Consejo de Estado, Sala de lo Contencioso Administrativo, 13 de mayo de 2009, Sentencia 25000-23-26-000-1998-01286-01 [C.P. Ramiro Saavedra Becerra]. A su vez, la Ley 1437 de 2011, contiene en su articulado el procedimiento que debe seguir un ciudadano o una autoridad administrativa para adelantar el trámite de revocatoria directa de un acto administrativo, estipulando las causales por la que procede el trámite en mención, la oportunidad para solicitarlo, los efectos jurídicos que causa la decisión, la titularidad para solicitar la iniciación del trámite y declarar revocado un acto administrativo, el término en que deben ser resueltas las solicitudes y la revocatoria de actos administrativos particulares y concretos. (Ley No. 1437. 2011). De manera que, su característica principal consiste en sustraer del ordenamiento jurídico un acto administrativo del que se presume su legalidad y el cual se encuentra generando efectos jurídicos durante el tiempo que no ha sido revocado. (Galvis, 2013, p.19). Dentro del marco indicado, esta investigación analiza lo establecido en el artículo 95 del Código de Procedimiento Administrativo y de lo Contencioso Administrativo, según el cual las entidades públicas o las autoridades competentes tienen el término de dos meses para resolver la solicitud de revocatoria directa, enfatizando que frente a tal decisión no procede ningún tipo de recursos de ley, es decir, reposición, apelación y queja. Paralelo a ello, es necesario llevar a cabo el análisis del artículo 96, el cual estipula como efecto, que ni la petición ni la decisión de revocatoria, reviven los términos para que el acto administrativo sea demandado ante la jurisdicción contenciosa, no siendo posible la aplicación del silencio administrativo positivo ni negativo, cuando la administración no dé respuesta en el término estipulado a la mencionada solicitud. (Ley No. 1437. 2011). Con base a lo anterior, esta investigación se realiza con el interés académico y profesional de determinar qué herramienta jurídica tiene el ciudadano para obligar a la Administración a darle respuesta a la solicitud de revocatoria directa de un acto administrativo, si esta no se resuelve en el término estipulado en la Ley 1437 de 2011, al igual que busca establecer los efectos jurídicos del silencio administrativo frente a la solicitud de revocatoria directa. La metodología de esta investigación estuvo ligada al estudio teórico de la Ley 1437 de 2011, Ley 734 de 2002, Ley 1952 de 2019, Ley 80 de 1993, Ley 142 de 1994, el Decreto 01 de 1984, Decreto 2733 de 1959, la jurisprudencia del Consejo de Estado, jurisprudencia de la Corte Constitucional referente al tema y doctrina específica sobre revocatoria directa de actos administrativos. Como objetivo general de la investigación perfilé encontrar si existía o no una herramienta jurídica aplicable por parte del ciudadano en el evento que caducara el término para resolver su solicitud de revocatoria directa frente a un acto administrativo y, los efectos jurídicos que acarrea para la administración no resolver en el término tal solicitud. Para lo cual se analizan diferentes figuras y acciones legales tendientes a brindar una respuesta aplicable al problema de investigación, además, estudiar procedimientos administrativos específicos o especiales con el fin de determinar si la norma especial podría ser aplicada en el contexto de la norma general. De la investigación en concreto. El trabajo de investigación se estructura en tres capítulos: en el primer capítulo se hace referencia a los antecedentes normativos desde la expedición del Decreto 2733 de 1959, hasta la regulación de la revocatoria directa en la Ley 1437 de 2011. Plasmando la selección de jurisprudencias y conceptos emitidos por el Consejo de Estado, en la sala de Consulta y Servicio Civil y de Contencioso Administrativo, desde 1954 hasta 2019, con el objetivo de relatar el avance histórico que ha tenido la figura de la revocatoria directa de los actos administrativos en Colombia. Es importante recalcar, que el criterio de escogencia obedeció exclusivamente al avance interpretativo que el Consejo de Estado le ha dado a la figura jurídica en mención y no al orden cronológico en el tiempo. Se analiza el silencio administrativo y los recursos ordinarios contemplados para el procedimiento adelantado en sede administrativa. Efectuando una aproximación a los conceptos generales, normativos y jurisprudenciales sobre estas figuras para llegar a la conclusión de verificar si la Ley 1437 de 2011 y las demás estudiadas, plantean correctamente su postura sobre la improcedencia del silencio administrativo y los recursos en vía gubernativa y si su redacción corresponde a una correcta adecuación, o si por el contrario existe una contradicción jurídica dentro del procedimiento. En el capítulo segundo se estudia los procedimientos administrativos adelantados en ejercicio de funciones específicas de carácter administrativo. Verificando lo relativo a los procedimientos administrativos de revocatoria directa que se realizan en las actividades administrativas como en la prestación de servicios públicos domiciliarios, el ejercicio de la función fiscal del Estado y de la función disciplinaria de acuerdo a lo consagrado en la Ley 734 de 2002 y la Ley 1952 de 2019, en el entendido de determinar si lo contenido en el procedimiento especial prevalece sobre la norma general. Se indaga igualmente sobre la revocatoria de los actos administrativos de adjudicación en materia contractual y revocatoria de los actos administrativos pre-contractuales con el fin de determinar su revocabilidad o irrevocabilidad. En el capítulo tercero se analiza la acción de cumplimiento como posible solución al problema jurídico, es decir, como una herramienta jurídica utilizable por el administrado para obligar a la administración a darle cumplimiento a lo estipulado en el artículo 95 de la Ley 1437 de 2011. Plasmando el concepto normativo, jurisprudencial y doctrinal y comprobando los aspectos importantes de la Ley 393 de 1997, con el fin de resolver el problema jurídico. Igualmente, se examina la titularidad que se requiere para revocar actos administrativos tomando en cuenta las modificaciones realizadas con la expedición de la Ley 1437 de 2011, que específicamente determina las autoridades administrativas que tienen competencia para revocar actos administrativos. Así las cosas, se busca determinar si para el problema jurídico planteado existe una herramienta jurídica aplicable que obligue a la administración a dar respuesta al administrado o si por el contrario la norma deja la interpretación sin un sustento jurídico que conlleve a la no respuesta por parte de la administración. ; This investigation refers to the direct revocation of administrative acts defined by the Council of State, Administrative Litigation Chamber (2009), such as: A tool that can be used by both the Administration and the administered so that administrative acts that are in opposition to the Political Constitution or the law, that are not in accordance with the public or social interest or when with them unjustified injury is caused to a person. (Council of State, Administrative Litigation Chamber, May 13, 2009, Judgment 25000-23-26-000-1998-01286-01 [C.P. Ramiro Saavedra Becerra]. In turn, Law 1437 of 2011, contains in its articles the procedure that a citizen or an administrative authority must follow to carry out the process of direct revocation of an administrative act, stipulating the causes by which the procedure in question proceeds, the opportunity to request it, the legal effects caused by the decision, ownership to request the initiation of the procedure and declare an administrative act revoked, the term in which requests must be resolved and the revocation of particular and specific administrative acts. (Law No. 1437. 2011). Thus, its main characteristic consists in subtracting from the legal system an administrative act from which its legality is presumed and which is generating legal effects during the time that it has not been revoked. (Galvis, 2013, p.19). Within the indicated framework, this investigation analyzes the provisions of article 95 of the Code of Administrative Procedure and Administrative Litigation, according to which public entities or competent authorities have a period of two months to resolve the request for direct revocation, emphasizing that in the face of such a decision, no legal remedies, that is, replacement, appeal and complaint, proceed. Parallel to this, it is necessary to carry out the analysis of article 96, which stipulates, as an effect, that neither the petition nor the decision to revoke, revive the terms for the administrative act to be sued before the contentious jurisdiction, not being possible application of positive or negative administrative silence, when the administration does not respond within the stipulated term to the aforementioned request. (Law No. 1437. 2011). Based on the above, this investigation is carried out with the academic and professional interest of determining what legal tool the citizen has to compel the Administration to respond to the request for direct revocation of an administrative act, if it is not resolved in the term stipulated in Law 1437 of 2011, just as it seeks to establish the legal effects of administrative silence against the request for direct revocation. The methodology of this research was linked to the theoretical study of Law 1437 of 2011, Law 734 of 2002, Law 1952 of 2019, Law 80 of 1993, Law 142 of 1994, Decree 01 of 1984, Decree 2733 of 1959, jurisprudence of the Council of State, jurisprudence of the Constitutional Court referring to the subject and specific doctrine on direct revocation of administrative acts. As a general objective of the investigation, I outlined whether or not there was a legal tool applicable by the citizen in the event that the term expires to resolve their request for direct revocation against an administrative act and, the legal effects that it entails for the administration do not resolve such request within the term. For this, different legal figures and actions are analyzed to provide an applicable answer to the investigation problem, in addition, to study specific or special administrative procedures in order to determine if the special rule could be applied in the context of the general rule. Of the investigation in concrete. The research work is structured in three chapters: the first chapter refers to the regulatory background from the issuance of Decree 2733 of 1959, to the regulation of direct revocation in Law 1437 of 2011. Embodying the selection of jurisprudence and concepts issued by the Council of State, in the Consultation and Civil Service and Administrative Litigation room, from 1954 to 2019, with the aim of relating the historical progress that the figure of the direct revocation of administrative acts in Colombia has had. It is important to emphasize that the selection criterion was exclusively due to the interpretative advance that the Council of State has given to the mentioned legal figure and not to the chronological order in time. The administrative silence and the ordinary resources contemplated for the procedure advanced in administrative headquarters are analyzed. Making an approximation to the general, normative and jurisprudential concepts on these figures to reach the conclusion of verifying if Law 1437 of 2011 and the others studied, correctly state their position on the inappropriateness of administrative silence and resources in the government channel and if its wording corresponds to a correct adaptation, or whether by On the contrary, there is a legal contradiction within the procedure. The second chapter studies the administrative procedures carried out in the exercise of specific administrative functions. Verifying the relative to the administrative procedures of direct revocation that are carried out in the administrative activities as in the provision of domiciliary public services, the exercise of the fiscal function of the State and of the disciplinary function according to what is enshrined in Law 734 of 2002 and Law 1952 of 2019, in the understanding of determining if what is contained in the special procedure prevails over the general rule. It also investigates the revocation of administrative acts of adjudication in contractual matters and the revocation of pre-contractual administrative acts in order to determine their revocability or irrevocability. In the third chapter, compliance action is analyzed as a possible solution to the legal problem, that is, as a legal tool that can be used by the administrator to compel the administration to comply with the provisions of article 95 of Law 1437 of 2011. Embodying the normative, jurisprudential and doctrinal concept and checking the important aspects of Law 393 of 1997, in order to solve the legal problem. Likewise, the ownership required to revoke administrative acts is examined taking into account the modifications made with the issuance of Law 1437 of 2011, which specifically determines the administrative authorities that have jurisdiction to revoke administrative acts. Thus, it is sought to determine if there is an applicable legal tool for the legal problem raised that forces the administration to respond to the administered or if, on the contrary, the rule leaves the interpretation without a legal basis that leads to non-response by the party. of the administration.

"Major technological advances in the last few years have increased our knowledge of the role that genetics has in occupational diseases and our understanding of genetic components and the interaction between genetics and environmental factors. The use of genetic information, along with all of the other factors that contribute to occupational morbidity and mortality, will play an increasing role in preventing occupational disease. However, the use of genetic information in occupational safety and health research and practice presents both promise and concerns [McCanlies et al. 2003; Kelada et al. 2003; Henry et al. 2002; Christiani et al. 2001; Schulte et al. 1999]. Use of genetic information raises medical, ethical, legal and social issues [Clayton 2003; Ward et al., 2002; McCunney 2002; Christiani et al 2001; Rothstein 2000a; Schulte et al. 1999; Lemmens 1997; Barrett et al. 1997, Van Damme et al. 1995; Gochfeld 1998; Omenn 1982]. The purpose of this report is to bring together the diverse literature and opinions on genetics in the workplace, to highlight important issues, and to provide some considerations for current and future practice. Occupational safety and health professionals and practitioners may have particular interest in this report as the understanding of gene-environment interactions at the mechanistic and population levels may result in improved prevention and control strategies. This report is divided into topic areas for ease of reading. Specifically, the role of genetic information in occupational disease is discussed in Chapter 2, followed in Chapter 3 by a presentation of how genetics is incorporated into occupational health research. Health records as a source of genetic information are discussed in Chapter 4. The report continues in Chapter 5 with a focus on genetic monitoring, followed in Chapter 6 by a theoretical discussion of genetic screening. The final chapter presents an overview of the most important aspects of this report, which are the ethical, social, and legal implications of genetics in the workplace. In addition, ethical issues specific to health records and genetic testing are discussed in Chapters 4 and 6, respectively. To assist our audience in finding additional sources of information or more in-depth discussion of the issues surrounding genetic information, a list of web sites is provided at the conclusion of this document. Role of Genetic Information in Occupational Disease: The role of genetic information in occupational disease is being explored. The framework for considering genetics in the exposure to disease paradigm arose from a National Academy of Sciences review on biomarkers [NRC 1987]. Biomarkers are measurements using biological tissues that give information about exposure, effect of exposure, or susceptibility. Evaluation of genetic damage can provide information about exposure or effect of exposure. However, the presence of a specific genetic biomarker will not itself result in an occupational disease; exposure to a workplace hazard is necessary. The presence of a disease risk biomarker in the absence of exposure may be innocuous. The study of biomarkers of genetic susceptibility in the context of workplace exposures can provide information about gene-environment interactions. One major emphasis of genetic research in occupational disease has been in the area of response variability. Extensive variability in the human response to workplace exposures has been observed. Genes can have multiple variations known as polymorphisms, which may contribute to some of this variability [Grassman et al. 1998]. Research has been conducted over the last approximately 30 years to identify the role of genetic polymorphisms in a wide range of occupational and environmental diseases, particularly those involving occupational carcinogens [Hornig 1988; Berg 1979]. The risk of biological effects or diseases attributable to an occupational exposure can be decreased, unchanged, or increased among individuals with certain genetic polymorphisms. Incorporating Genetics into Occupational Health Research: The main influence on genetic research with respect to occupational health is the large number of technological advances in molecular biology. Because of these new techniques, it is now feasible to evaluate the relationship of disease with individual genes and their variants or even with the whole genome. These technologies promise to set the stage for new discoveries in understanding mechanisms and the preclinical changes that might serve as early warnings of disease or increased risk [NRC 2007]. " ; (Cont'd) "They also present difficult challenges in terms of handling large data sets, understanding the normal range, standardizing technologies for comparison and interpretation, and communicating results [King and Sinha 2001; Wittes and Friedman 1999]. As our understanding of the role of specific genes and their variants increases, genetic tests are being developed to look at specific genotypes. One critical issue in genetics is the validity of such genetic tests. Much contemporary genetic research involves the collection of biological specimens (usually DNA in white blood cells) that are then tested either for changes (damage) to genetic material or for genetic polymorphisms. These genetic tests, while useful in occupational health research, are not ready for clinical use; in other words, they are not validated for clinical interpretation. Validation is a process by which a test's performance is measured both in the laboratory and in populations, resulting in the evaluation of the clinical utility or the risks and benefits of the test. Until clinically validated, the information from such tests may be meaningless with regard to an individual's health or risk. In contrast, genetic tests may be validated for assessing exposure or effect modification in research even if they have no clinical utility. Health Records: A Source of Genetic Information: Genetic tests are not the only source of genetic information in the workplace. Genetic information is kept in workers' personnel and workplace health records [Rothenberg et al. 1997]. This information is in the family history of diseases with known strong genetic etiologies as well as in the results of physical examinations and common laboratory tests. This type of information is reported routinely by workers or obtained by employers from workers' job applications, health questionnaires, health and life insurance applications, physicals, and workers' compensation proceedings [Anderlik and Rothstein 2001]. The line between what is and is not genetic information in health records is unclear. States have enacted legislation with widely varying definitions of what constitutes genetic information from an employee's health record. Questions concerning confidentiality, privacy and security remain as the handling of health records may be influenced by various federal and state regulations. Genetic Monitoring and Occupational Research and Health Practice: Genetic information can be a scientific tool to understand mechanisms and pathways in laboratory research and as independent or dependent variables in population research studies of workers. In occupational safety and health practice, genetic tests may be used in a variety of ways. As in other areas of health science, genetic information may be used in the differential diagnosis of disease, allowing clinicians to consider or exclude various diagnoses. Monitoring for the effects of exposure on genetic material, such as chromosomes, genes, and constituent deoxyribonucleic acid (DNA), has been used to evaluate risks and potential health problems for more than 50 years, particularly those from ionizing radiation [Mendelsohn 1995; Langlois et al. 1987; Berg 1979]. Such monitoring is not unlike monitoring for metals in blood, solvents in breath, or dusts in lungs and presents less ethical concern than assessing heritable effects [Schulte and DeBord 2000]. Tests for genetic damage have been advocated as a way to prioritize exposed individuals for more thorough medical monitoring [Albertini 2001]. Genetic monitoring highlights the confusion that exists between individual and group risk assessment. Unlike other monitoring methods, the risks linked to cytogenetic changes are interpretable only for a group, not for an individual [Schulte 2007; Murray 1983; Lappe 1983]. Currently, no U.S. regulations exist that mandate genetic monitoring. Questions arise whether genetic monitoring indicates a potential health problem, an existing health problem, or compensable damage. More research is needed to understand the science before the individual's risk of disease can be interpreted from genetic monitoring results. However, genetic monitoring to determine exposure may be useful for the occupational health practitioner Theoretical Use of Genetic Screening and Occupational Health Practice: Genetic monitoring may have some application in occupational health practice, but perhaps the most controversial use of genetic information would be in making decisions about employment opportunities and health and life insurance coverage [Schill 2000; Bingham 1998; Van Damme et al. 1995; Murray 1983; Lappe 1983]. This would occur primarily as a result of genetic screening, in which a job (and insurance) applicant or a current worker might be asked to undergo genetic testing to determine if he or she has a certain genotype. However, the Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits discrimination on the basis of genetic information with respect to health insurance and employment [U.S. Congress 2008]. Genetic screening which was not strictly prohibited by the Americans With Disabilities Act of 1990 (ADA) is now prohibited. Under ADA an employer may not make medical inquiries about an applicant until a conditional offer has been extended. Once the offer has been tendered, an employer could have obtained medical, including genetic, information about a job applicant. ADA did not prohibit obtaining genetic information or genetic screening, nor did it prohibit an employer from requesting genetic testing once an applicant has been hired provided the testing is job related. and can be used for the purposes of job placement after a conditional job offer is made. Most criteria for genetic screening programs indicate that participation should be voluntary, with informed consent in place. Genetic screening for these purposes cannot be supported at this time because of the current lack of linkage of causation of a given genetic polymorphism with a given occupational disease and its implications with regard to the Occupational Safety and Health Act (OSH Act of 1970) that the workplace be safe for all workers [OSHA 1980b]. Accurate genetic screening information may eventually be useful to workers considering employment options. Obtaining this information for the worker would become appropriate only after the screening tests have been validated regarding risk. Various ethical arguments have been advanced in the discussion of genetic screening, and a broad range of implications of genetic testing has been discussed in the literature and in this document, including the oversight of genetic testing laboratories. The Ethical, Social, and Legal Implications of Genetics in the Workplace: A concern about the use of genetic information in occupational safety and health is that the emphasis in maintaining a safe and healthful workplace could shift from controlling the environment to excluding the vulnerable worker. This would be counter to the spirit and the letter of the OSH Act of 1970 [OSHA 1980b]. Actions that attempt to depart from providing safe and healthful workplaces for all should not be supported. Nevertheless, understanding the role of genetic factors in occupational morbidity, mortality, and injury is important and could lead to further prevention and control efforts. However, occupational safety and health decision-makers, researchers, and practitioners may find that genetic factors do not contribute substantially to some occupational diseases. Environmental risk factors will probably always be more important for developing strategies for prevention and intervention in occupational disease and ultimately for the reduction of morbidity and mortality. The challenge is to identify and apply genetic information in ways that will improve occupational safety and health for workers. The use of genetic information in occupational safety and health research requires careful attention because of the real or perceived opportunities for the misuse of genetic information. Society in general and workers in particular have concerns that discrimination and lack of opportunity will result from the inappropriate use of genetic information [MacDonald and Williams-Jones 2002; Maltby 2000]. While only sparse or anecdotal information supports this contention, a wide range of workers, legislators, scientists, and public health researchers have concern that such discrimination could occur. Thus, GINA and other regulations were passed to prevent the potential misuse and abuse of genetic information in the workplace. Examples of safeguards include rules and practices for maintaining privacy and confidentiality, prohibition of discrimination, and support of a worker's right of self-determination (autonomy) with regard to genetic information. Many of these safeguards have been built into biomedical research in general, and occupational safety and health research in particular, through guidance given in the Nuremberg Code [1949], the Belmont Report [1979], and the Common Rule (45 CFR. 46) [DHHS 2005; CFR 2007], as well as in the National Bioethics Advisory Commission (NBAC) reports [1999], the ADA [1990], Health Insurance Portability and Accountability Act (HIPAA) [1996] and GINA in 2008 [U.S. Congress 2008]. ADA and HIPAA provided some safeguards against the potential misuse of genetic information in the workplace before GINA was signed and in 2000, Executive Order 13145 was signed that prohibits discrimination in federal employment based on genetic information [65 Fed. Reg. 6877 (2000)]. In summary, the use of genetic information in the workplace has the potential to affect every worker in the United States. This NIOSH document provides information on the scientific, legal, and ethical issues with regard to the use of genetics in occupational safety and health research and practice." - NIOSHTIC-2 ; Introduction -- The Role of genetic information in occupational disease -- Incorporating genetics into occupational health -- Research -- Health records: a source of genetic information -- Genetic monitoring: occuptional research and practice -- The Theoretical use of genetic screening and occupational health practice. -- The Ethical, social, and legal implications of genetics in the workplace ; "November 2009." ; Also available via the World Wide Web. as an Acrobat .pdf file (1.62 MB, 151 p.). ; Includes bibliographical references (p. 81-114) and index.

The WTO has delivered policy outcomes that are very different from those likely to emerge out of the recent wave of preferential trade agreements (PTAs). Should economists see this as an efficient institutional hand-off, where the WTO has carried trade liberalization as far as it can manage, and is now passing the baton to PTAs to finish the job? This paper surveys a growing economics literature on international trade agreements and argues on this basis that the WTO is not passé. Rather, and subject to some caveats, this survey of research to date suggests that the WTO warrants strong support while a more cautious view of PTAs seems appropriate.

In its report to the September 22, 2008 meeting of the Ad Hoc Liaison Committee (AHLC), the World Bank noted that the Palestinian Authority (PA), Israel, and the international donor community made some progress on the three parallel conditions for Palestinian economic revival, albeit to different degrees. The report notes the dramatic impact of Israel s recent three-week offensive in Gaza and analyzes the variety of recovery and reconstruction schemes being explored by the donor community. We find that these have not yet led to any significant impact on the ground due to the continued closure imposed on Gaza. The devastation in Gaza, coupled with a fluid political environment in both the PA and Israel, has made it necessary for this report to revisit the fundamentals of donor support to the PA in view of the long-term goal of establishing an economically viable Palestinian state independent of external aid. Examination through this lens reveals a fundamentally flawed picture.

There are three main messages running throughout this report. First, Non Communicable Diseases (NCDs) can impose large health, financial and economic costs on countries. This is particularly important in the Pacific where Government already finances, and provides, the bulk of health services. Second, risk factors in the Pacific are feeding a pipeline of potentially expensive to treat NCDs, including diabetes and heart disease, but governments are already fiscally constrained in how much more they can provide to the health system. Third, from public health and public finance perspective, many of the NCDs are avoidable, or their health and financial costs can at least be postponed, through good primary and secondary prevention. This will require a more coherent approach to health system financing, and health system operations more generally.

The Serbian insurance sector remains small and underdeveloped. Over the last three years, the market experienced very little growth in real terms mainly due to weak economic growth, premium payment difficulties in the industrial sector, which forced many corporate policyholders to cancel their insurance, and fierce price competition among the growing number of players. With consumption of 76 Pounds and 10 Pounds per capita for non-life and life insurance, respectively, Serbia lags behind most of its neighbors in Southeastern and Central Europe. In 2009 the industry accounted for only 4.6 percent of total assets and 5.6 percent of total capital in the Serbian financial sector. Although in 2008 the total gross premium written (GPW) for both life and non-life was SRD 52.2 billion (dinars), representing a 5.3 percent annual inflation-adjusted increase over the previous year, in 2009 the sector is likely to experience an 8 percent contraction due to the impact of the economic crisis.

SEXUAL SADISM AS EXPERIENCED BY LISBETH SALANDER IN STIEG LARSSON'S THE GIRL WITH DRAGON TATTOO Dea Anissa Rahmat English Literature, Faculty of Languanges and Arts, Surabaya State University dearbepe@gmail.com Drs. Much. Khoiri, M.Si English Literature, Faculty of Languanges and Arts, Surabaya State University much.khoiri@yahoo.com Abstrak Sadisme dalam seksualitas adalah perasaan gairah seksual yang disebabkan oleh pemberian rasa sakit, penderitaan, dan penghinaan kepada orang lain. Perilaku sadisme yang nampak secara langsung dan terang-terangan dalam pencapaian titik klimaks perilaku seks seseorang dapat dijadikan indikator bahwa orang tersebut mengalami penyimpangan. Penyimpangan seks dalam kasus sadisme sering mengalami penurunan signifikasi dan fungsi akibat perilaku menyimpang dalam berfantasi. Orang yang menjadi mitra atau objek yang dikenai perilaku sadis dalam hubungan seks belum tentu menjadi rekan yang bersedia. Jika kegiatan seks yang identik dengan perilaku sadis ini disetujui oleh kedua pihak ataupun hanya seorang saja, maka dapat diartikan pihak yang melakukan kegiatan tersebut mengalami kegagalan seksual secara normal dan perlu alternatif lain untuk mencapai titik klimaks. Misalnya, melakukan aktifitas kekerasan pada saat berhubungan. Dalam kajiannya, peneliti sengaja mengambil novel dengan judul The Girl With The Dragon Tattoo untuk menganalisis perilaku menyimpang dalam hubungan seks yang dialami oleh tokoh Salander. Teori yang digunakan untuk menganalisis perilaku menyimpang dalam tokoh utama dalam novel berasal dari teori Sigmund Freud tentang psikologi dan kepribadian. Dengan dilengkapi teori relevan, penelitian ini mengambil beberapa kutipan dalam novel yang mewakili perilaku menyimpang dalam seksualitas untuk dijadikan data dalam kajian peneliti. Hasilnya, perilaku menyimpang dalam seks ditunjukkan oleh tokoh Lisbeth Salander dalam novel memberikan dua hipotesis. Pertama, dalam novel muncul beberapa sadisme seksual yang terjadi pada rekan tokoh Bjurman yang teridentifikasi dari data berupa kutipan teksnya. Salander sebagai korban sadisme seksual dari pengacara rekan Nails Bjurman. Kedua, beberapa faktor yang berkontribusi Lisabeth Salander untuk melakukan sadisme seksual. Penelitian ini mencerminkan pengalaman deskriptif sampel perempuan yang terlibat dengan perilaku sadisme seksual beserta faktor-faktor yang berkontribusi dibaliknya. Keywords: Sexual sadism, sadistic behavior, The Girl with The Dragon Tattoo Abstract Sexual sadism is a feeling of sexual excitement resulting from administering pain, suffering, or humiliation to another person.When sadism becomes directly and overtly related to sexual gratification, they are considered perversions. Sexual sadism often experiences significant impairment or distress in functioning due to actual sadistic behaviors or sadistic fantasies. With regard to actual sadistic behavior, the person receiving the pain, suffering, or humiliation may or may not be a willing partner. Whether or not the partner is consenting, it is the very real suffering they are experiencing that is arousing to the sadist. This study examines Stieg Larsson's The Girl With The Dragon Tatttoo, which is about sexual sadism as experienced by Salander. This study uses theory of sexual sadism and Sigmund Freud's theory of Psychology and Personality. By using relevant theories, the study analyses the data—i.e. quotations from the novel that represent sexual sadism. The result of this analysis shows that sexual sadism experienced by Lisbeth Salander as reflected in Steig Larsson's The Girl With The Dragon Tattoo can be described by two parts. First, it shows that there are several sexual sadism which occurs from her guardian Bjurman. Salander as a victim of sexual sadism from the guardian laywer Nails Bjurman. Second is to reveal the factors that contributed Lisabeth Salander to do sexual sadism. It is about a descriptive experiences of a sample of women who have been consensually involved with sexual sadism and factors that contribute to sexual sadism. Keywords: Sexual sadism, sadistic behavior, The Girl with The Dragon Tattoo INTRODUCTION In human sexual life, there are certain conditions of sexual disorder which consider as embarassing and dangerous situations from the society's point of view. Normally, sexual activity is the union of the female and male's genital and other sexual activity besides it is taken as "abnormal". Few examples of sexual deviations are: homosexual, masochism, sadism, necrophilia, fetishism, etc (Barlow, 2009: 364). Sadism implies pleasure in inflicting. When sexual sadism is applied to show fantasies, urges or behaviors that involve real acts in which the suffering of another person is found sexually exciting. The essential feature of sexual become directly related sexual gratification. That sexual gratification it considered perversions. Sadism is a feeling of sexual excitement resulting from administering pain, suffering, or humiliation to another person. The pain, suffering, or humiliation inflicted on the other is real, it is not imagined and may be either physical or psychological in nature. A person with a diagnosis of sexual sadism is sometimes called a sadist. The name of the disorder is derived from the proper name of the Marquis Donatien de Sade (1740-1814), a French aristocrat who became notorious for writing novels around the theme of inflicting pain as a source of sexual pleasure. The sadistic acts performed or fantasized by a person with sadism often reflect a desire for sexual or psychological domination of another person. These acts range from behavior that is not physically harmful although it may be humiliating to the other person (such as being urinated upon), to criminal and potentially deadly behavior. Acts of domination may include holding or imprisoning the partner through the use of handcuffs, cages, chains, or ropes. Other acts and fantasies related to sexual sadism include paddling, spanking, whipping, burning, beating, administering electrical shocks, biting, urinating or defecating on the other person, cutting, rape, murder, and mutilation. Psychopathia Sexualis, later defined sadism as: "The experience of sexual, pleasurable sensations (including orgasm) produced by acts of cruelty, bodily punishment afflicted on one's person or when witnessed in others, be they animals or human beings. It may also consist of an innate desire to humiliate, hurt, wound or even destroy others in order, thereby, to create sexual pleasure in one self". This kind of sexual sadism has appeared in the literature (Kraft-Ebing, 1886: 274) . One of the writers that written about sexual sadism in a novel is Stieg Larsson. The novel was released to great acclaim in Sweden and later, on its publication in many other European countries. In the original language, it won Sweden's Glass Key Award in 2006 for best crime novel of the year. It also won the 2008 Booke Prize, and in 2009 the Galaxy British Book Awards for Books Direct Crime Thriller of the Year, and the prestigious Anthony Award for Best First Novel. Larsson was posthumously awarded the ITV3 Crime Thriller Award for International Author of the Year in 2008. The Girl with the Dragon Tattoo debuted at number four on The New York Times Best Seller list. The novel received mixed reviews from American critics. In a review for The New York Times upon the book's September 2008 publication in the United States, Alex Berenson wrote, "The novel offers a thoroughly ugly view of human nature"; while it "opens with an intriguing mystery" and the "middle section of Girl is a treat, the rest of the novel doesn't quite measure up. The book's original Swedish title was Men Who Hate Women, a label that just about captures the subtlety of the novel's sexual politics." The Los Angeles Times said "the book takes off, in the fourth chapter: From there, it becomes classic parlor crime fiction with many modern twists.The writing is not beautiful, clipped at times (though that could be the translation by Reg Keeland) and with a few too many falsely dramatic endings to sections or chapters. But it is a compelling, well-woven tale that succeeds in transporting the reader to rural Sweden for a good crime story."Several months later, Matt Selman said the book "rings false with piles of easy super-victories and far-fetched one-in-a-million clue-findings."Richard Alleva, in Commonweal, wrote that the novel is marred by "its inept backstory, banal characterizations, flavorless prose, surfeit of themes (Swedish Nazism, uncaring bureaucracy, corporate malfeasance, abuse of women, etc.), and--worst of all author Larsson's penchant for always telling us exactly what we should be feeling." Discussing and analyzing about character or human, they cannot be separated from personality terms. Personality derives from the Latin word persona, which refers to a mask used by actors in a play. The character is easy to see how persona came to refer to outward appearance, the public face we display to the people around us. Personality refers to the characteristics patterns of behavior and ways of thinking that determine a person's adjustment to his environment. The personality of somebody has built from the experiences that they got from the social surrounding and also the genetic factor gives the background of someone's personality Schultz (2009: 8). The direct influences of sexuality on personality comes from the effects of sex hormones. It influences body build, body functioning, and the quality of the individual behaviour. The indirect influence comes up from three sources: the effect of cultural influences sex drive, the attitudes of significant people and their treatment to the individual caused by sexuality, also the molding of personality pattern of sex appropriatenes, which admitted by society. To understand the aspect of psychology within literary work, needed psychology of literature, it is used to investigate the psychology aspect, which shown by the character within the novel The Girl with Dragon Tattoo by Stieg Larsso. Wellek and Werren (1989: 81) stated psychology of literature, mean the psychological study of the writer as type and as individual, or the study or creative process, or the study of the psychological types and laws present within works of literature, or, finally, the effects literature upon its readers (audience psychology). Sigmund Freud emphasizes how early stage of childhood is important part to create someone's adulthood personality and behavior. He says that part of our personality is formed on the basis of the unique relationships we have as children with various people and objects. Accordingly we develop a personal set of character attributes, a consistent pattern of behavior that defines each of us as an individual (Shannon, 2009: 64). Grossman (1991) states the psychological effects trauma, wheteher in infancy or adult life, are best understood in connection with the development and functioning of the capacity to fantasize. Here, a child which has been experienced physical and psychological trauma can build a fantasy refers to the violence.Violence can be in the form of hitting, slamming, humiliating, and so on. Consequently, a child can imagine that she/he is happy if he/she hurts and or being hurt by another people. This kind of fantasy can cause sexual sadism behaviour. In accordance of background study above, it can be simplify to discuss among two problems that emerge as significant concern toward this novel. How is sexual sadism as experienced by Lisbeth Salander reflected in Steig Larsson's The Girl With Dragon Tattoo? What factors contributed Lisabeth Salander to do sexual sadism in Stieg Larsson's The Girl With Dragon Tattoo? This study will uses two theories which are in line with the statement of the problems.The first is about review of related literature which contains the theories that are used in the analysis. In this chapter, the concept of sexual sadism and will be related to the concept of sexual sadism and theory of personality. The second will deal with the core of the study, which is the analysis of the study. The last chapter of this study is the conclusion as the result of the analysis. The additions will be added and got along with the analysis such as appendix, which consists of the biography of the author of this novel, and the synopsis of the novel. Those additions are to be the closing of this study. RESEARCH METHOD Research methodolgy that used in this analysis here must be qualified as an applying in literary appreciation. The thesis is regarded as a descriptive-qualitative study and uses a library research. This study uses novel of Stieg Larsson entitled The Girl with The Dragon Tattoo that published Seven Stories Press, 140 Watts Street, New York in 2007 as the data source of this study. The data are in the form of direct and indirect speech of the characters, dialogues, epilogues and quotations which indicate and represent aspect of power abuse and sexualization which is experienced by the main character. This thesis is using the library method in collecting the data. It does not use the statistic method. That is why it is not served in numbering or tables. Library research used an approach in analyzing this study. The kind of library research which is used here is intensive or closely reading to search quotations or phrases. It also used to analyze the literary elements both intrinsic and extrinsic. The references are taken from library and contributing ideas about this study from internet that support the idea of analyzing. The analysis is done by the following steps: (1) Classification based on the statement of the problems. This classification is used to avoid the broad discussion. There are two classifications in this study. (2) Describe the reflection of Sexual sadism as experienced.(3) To reveal the factors that contributed Lisabeth Salander to do sexual sadism in Stieg Larsson's The Girl With Dragoon Tattoo.The quotations that showed how the character's sexuality is affected by his power are taken as data. (4) Drawing the conclusion based on the analysis which is in line with the problems. ANALYSIS The first section is about the analysis of sexual sadism as experienced by Salander. The experience of Salander in sexual sadism is started when she meets her new guardian lawyer. Sexual sadism happened when she has an interview with Bjurman just after he became her guardian. Bjurman, on the other hand is recognize as a person who likes to do sex by sentence that is written in the novel. Salander is uncomfortable with Bjurman question and she feels that it is not her business by asking about sex in some kind of an interview. Salander's statement proves it. "No, it's not particulary nice to be fucked in the arse but what the hell business is it of yours?" . She left his office with a feeling of disgust. (Larsson, 2008: 220) The statement that Bjurman has no business with Salander sexual background, even he asks her impolitely. His authority is all about Salander legal powers, no more than that. Salander, moreover, express her disgust feeling to him after she feels that Bjurman was going too far. It can be concluded that she feels uncomfortable with Bjurman's questions. Salander thinks that it is not his right to ask her those questions. Then, she has been decided that she does not like Bjurman by leaving his office. The sex that is done by Bjurman is not like the sadist thing that he will do to Salander. He does some enjoyable acts to make Salander comfortable and feel horney. The nice thing is also given to her so she enjoyed the sex because Bjurman has a plan to have a sex with her again. The sex act done by Bjurman can be seen in quote below. He stood behind her. Suddenly he was massaging the back of her neck, and he let one hand slide from her left shoulder across her breasts. He put his hand over her right breast and left it there. When she did not seem to object, he squeezed her breast. Salander did not move. She could feel his breath on her neck as she studied the letter opener on his desk; she could reach it with her free hand (Larsson, 2008: 241). The incident happened when Salander comes to Bjurman office ask money to buy new computer, since her old laptop broken caused by an accident. She does not get the money easily because Bjurman forces her to do something. Bjurman assaults her by touching her breast. The quotation shows that Bjurman sexual sadism her by touching and squeezing her breasts. This is the one of sexual part that shows from the novel. Salander did nothing with all what Bjurman has already done to her. She got one lesson from Holger Palmgren that when there was an impulsive actions led to trouble, and trouble could have unpleasant consequences. Salander will never do anything without first weighing the consequences. In that quotation stated Salander feeling towards Bjurman. She has plan to use the letter opener as th weapon to fight againts him. Sexual sadism has formed her to be a person not easy to back down, she would always take revenge to all forms of act that try to hurt her. However, her status limits her to do that. Even, Salander cannot do something because she needs the money. All that she thinks is about the consequences. Bjurman starts to say what adult usually says which one another are known what the conversation means is. "I think you and I are going to be a good friend," he said. "we have to be able to trust each other." When she did not replay he said: "you're a grown woman now, Lisbeth" She nooded. "Come here," he said and held out his hand. (Larsson, 2008: 242) Salander just fixed her gaze on the letter opener for several seconds before she stood up and went over to him. In her heart, she says, consequences. It means that she knows the consequences by having such a lawyer guardian. The real acts that lead to sex activity are shown by Bjurman. The statement is explained bellow. He took her hand and pressed it to his crotch. She could feel his genitals through the dark gabardine trousers. While said, "If you're nice to me, I'll be nice to you." He puts his other hand around her neck and pulled her down to her knees with her face in front of his crotch. (Larsson, 2008: 242) It is shown that Bjurman rapes to her. In this case, he forces to suck his genital or can be called as oral sex. At the time she is just thinking that she did it for the money. In this case, Bjurman makes it difficulty to Salander in getting her money. In addition Bjurman treat her by saying: "If you're nice to me, I'll be nice to you," he repeated. "If you make trouble, I can put you away in an institution for the rest of your life. Would you like that?" (Larsson, 2008: 243) In this case, Salander cannot do anything to protect herself. She said nothing if Bjurman only gives words in order to treat Salander, without caring with Salander answer about his question, he continues the sex to Salander. He waited until she lowered her eyes, in what he regarded as submission. Then he pulled her closer. Salander opened her lips and took him in her mouth. He kept his grip on her neck and pulled her fiercely towards him. She felt like gagging the whole ten minutes he took to bump and grind; when finally he came, he was holding her so tight she could hardly breathe. (Larsson, 2008: 243). From the quotation above, it is clearly stated how Salander is forced to suck her guardian genital. He places his genital in Salander's mouth in order to get satisfied. Salander passively action towards those kinds of sadism makes Bjurman thinks more to hurt her. It is supported by (Krafft-Ebing, 2008: 14) that Sadism in sexual pleasurable sensations (including orgasm) produced by acts of cruelty, bodily punishment afflicted on one's own person or when witnessed in others, be they animals or human beings. The additional terrifying expression is shown by Salander in the quotation bellow. She realized with terrifying clarity that she was out of her depth. (Larsson, 2008: 273). It makes Salander in dead feeling. She thinks that Bjurman is doing something so serious and injury. What can help Salander this time is only keeping the pain that she gets? In another situation Bjurman turn mad and crazy. By taking metal stuffs that Salander hear from the sound of the clanking. The clanking sound of metal shows that Bjurman begins to do the sexual sadism, beside he says the words to treat Salander. The quotation is show at below: "You have to learn to trust me, Lisbeth," he said. "I'm going to teach you how this grown-up is played. If you don't treat me well, you have to be punished. When you're nice to me, we'll be friends."( Larsson, 2008: 274) From the quotation above Salander seems not to do anything. She only does what Bjurman wants and the only thing that she can feel is sick and gets more pain by Bjurman. Bjurman do not stop his act to Salander. In another situation, Bjurman asks Salander wheather she likes to do anal sex or not by asking "So you don't like anal sex, he said"(Larsson, 2008: 274). The more Salander keep silence, the more he maltreats her. Anal sex is the act of sexual by putting something in someone anus. It is really dangerous for someone's health or even can caused a great injury to victim. He also starts the sadism acts along sexual activity. The quotation below shows his sadist act that Bjurman does to Salander. Salander opened her mouth to scream. He grabbed her hair and stuffed the knickers in her mouth. She felt him putting something around her ankles, spread her legs apart and tie them so that she was lying there completely vulnerable. She heard him moving around the room but she could not trough the T-shirt around her face. It took him several minutes. She could hardly breathe. Then she felt an excruciating pain as he forced something up her anus. (Larsson, 2008: 274) The using of metal stuffs are cannot be tolerated anymore. The sadist action in sexual is real happening to Salander. Stuffed the knickers in Salander mouth is an act that hurt Salander physically. Bjurman spreads her legs apart and ties her so that she is completely vulnerable. Those acts are considered as physical sadism that she gets when having sex with Bjurman. Salander is completely pain of being sadistic by Bjurman when they having sex. It is shown when she felt an excruciating pain as forced something up her anus. Bjurman must do something to her anus that makes Salander in total pain. Beside, Bjurman did more and more tricks so that he could release his sadism along the act that he applied to Salander. Bjurman is going crazy more than before. The acts that Bjurman has done is supported by Matsumoto (2009: 490) theory about sexual sadism that defines sexual sadism is a paraphilia in which sexual arousal occurs as the result on inflicting physical or mental pain on another person as a means of exercising control over him or her. It means that the sadist feels pleasure and lust when he/she sexual partner suffered. Thus she/he can show his/her domination and power. Then, the second section will show factors contributed Salander to do sexual sadism. Then, the second section will show the factors that contributed Lisabeth Salander to do sexual sadism. This chapter will apply the theory in chapter two as the base theory, and hopefully this analysis will not deviate from the theory that has been explained before. Bjurman, now, has responsible for Salander's assets and financial, but he handles it out of his authority. He is a corrupt guardian that used Salander victim. He opened a new account in her name, and she was supposed to report it to Milton's personal office and use it from now on. The good old days were over. In future Bjurman would pay her bills, and she would be given an allowance each month. He told her that expected her to provide receipts for all her expenses."This had to do with the fact that i'm responsible with for your mone," he said. "You have to put money aside for the future. But don't worry; I'll take care all of that." (Larsson, 2008: 182) The quotation above shows that how Bjurman make Salander financially dependent happen is done by Bjurman. Although he is responsible for her assets and financial, but he handle it out of his authority. He is a corrupt guardian that used Salander victim. It is totally different with the precede guardian who let her free to manage her own money even though her status still under guardianship. Since, Bjurman is a corrupt, he take over and fully contol Salander money. He does not let Salander free access to use her money. Even, he force Salander to open a new account in a bank and requiring the victim to justify all money spent, so that Bjurman can control it. Besides, the statement in the quotation, "You have to put money aside for the future. But don't worry; I'll take care all of that"(Larsson, 2008: 182). Support the fact that Bjurman has abuse her financial as well. It is found that his life is to be a guardian of mentally disturbed likes Salander. He lives in her prosperity which is comes from his clients assets or money. He uses their weakness in legal status power, so that he is easily corrupt their money. Their weakness in legal status would make them afraid and do nothing about it. Obviously, it is form of economical as factor. The second form of economical that is done by Bjurman towards Salander is that by withholding the money or the access to the money. It is a complicated for Salander to ask her money, even for buying food. She has to work and Bjurman easily take over the money. It is prove by this quotation. Bjurman moved back to his side of the desk and sat on his comfortable leather chair. "I can't hand out money to you whenever you like,'' he said. "Why do you such an expensive computer? There are plenty of cheaper models that you can use for playing computer games." "I want to have control of my own money like before." Bjurman gave her a pitying look. (Larsson, 2008: 242) The quotation clearly stated can be concluded that Bjurman has underestimates her by saying that she did not need such sn expensive computer. It means that she is only a stupid girl that needs a computer just for playing games. Here, how Bjurman make a difficulty for Salander to get her money. He always ask or even demand her to do something first before she get the money. In this case, he would give Salander money after he takes advantages from her in terms of satisfying him by oral sex and anal sex, touching her breasts, and so forth. On the one hand, Bjurman has been abuse Salander by those various forms of violence. On the other hand, he has been abuse his profession as a guardian who is supposed to be protect the client. Here, he is withholding Salander own money that supposed to be her rights. Her authority is only take over Salander assests and financial so that the money can be used in a right way. However, Bjurman has been corrupted the money give some terms for her in getting her own money. Thereby, Bjurman has already one other forms ef economical as factor towards Salander. In the next meeting with Bjurman, Salander really need to buy a food. All the money that is kept by Bjurman is locked. It such the difficult thing to get the money like she must kill him first then she will get her own money. Psychological sadism is always given by the prepetator in order to treath the victims so they agree to do the sexual sadism. Psychological sadism also happen in the process of the sex itself in order to make the victims cannot avoid the prepetator to do sadism along the sex process. This is shown by Salander that she agree when Bjurman treat her to be nice with him. A threat could make the victim afraid psychologically. If the victim feels afraid with threat of the perpetrator, so they will be easily to do what they want to the victim. You have to learn to trust me, Lisbeth,'' he said. "i'm going to teach you how this grown-up game is played. If you dont treat me well, you have to be punished. When you're nice to me, we'll be friends (Larsson, 2008: 274) The quotation above shows Salander is threatened by Bjurman. After force to suck his genital, he threat her not to tell anyone about that. Salander just keep silence because she is feels afraid about the consequences related with her status if she reports it. He treats her as a whore not as a girl under his protection. In supported by Freud who insisted his sexual theory applied to all mental illness. However, in this moment, Bjurman not only threats her but he has done threatening harm. It is stated that threat and hurt her b slap and grip chin tight. It can be concluded that combine sadism always happened to Salander. Salander is not only facing of psychological but also accompanied by physical. The same thing also happened to her which is done by Bjurman. In another hand, the personality of somebody is built from the experiences they got from the social surrounding and also the genetic factor gives the background of someone's personality. Part of our personality is formed on the basis of the unique relationships we have as women with various people and objects. We develop a personal set of character attributes that defines each of us as an individual. The personality of Salander is considered as having a bad image. In her life, she likes to do dangerously violent things made her caught up by the police. One of her acts is explained below: When she turned fifteen, the doctors had more or less agreed that she was not, after all, dangerously violent, nor did she represent any immediate danger to herself. (Larsson, 2008: 174) Salander, in her life, she does not only danger someone near with her but also herself. Such of her bad behavior is leading her personality as a bad teenage. In other situation she has troubles with surrounding and herself by consuming alcohol and drug abuse. She builds an image that she has the negative attitude toward anybody and herself. It is said by Salander that the sex world is nothing new for her. It happens because she has already done the sex with more than ten people in her teen age. It is supported by the information she had had over fifty partners since the age of fifteen that she totally sex players. It is shown that by doing such of the sex activities will make her impression that going to be judge by other person. This is supported by Schultz (2009: 8) that based on its derivation, we might conclude that personality refers to our external and visible characteristics, those aspects of us that other people can see. Our personality would then be defined in terms of the impression we make on others that is, what we appear to be. In short, our personality may be the mask we wear when we face the outside world. CONCLUSION The analyzing of sexual sadism in Stieg Larsson's The Girl with Dragon Tattoo has give better understanding about several forms of sexual sadism as experienced that occurs and factors contributed Lisabeth Salander to do sexual sadism . Through the thesis analyzing, is is found that Salander has suffered from several forms of sexual sadism. As explained above that Salander as the main character experiences some forms sexual sadism, they are physical sadism, psychological and factor that contribute to do sexual sadism, they are threat and economical The conslusion of research question 1 are sexual sadism as experienced by salander is as an object. She gets both physical and psychological experiences by Bjurman asher guardian lawyers. She gets pain and suffer from physical experience. While in pysichological experience, she gets treatments from Bjurman. These are the conslusion of research question 2. The factors that make Salander to do the sexual sadism are unbelieveable because not all people want to be an object of sexual sadism. They are pyschology, personality, and economic factors. The psychology is like trearments that Bjurman has given to her and the personality is when Salander has such a bad personality backgrond, like havinh sex with many people. Finally, economic is the main factor for Salander to sexual sadism because if she wants to get her money, she must do the sex with Bjurman which bring her to sexual sadism. In Stieg Larsson The Girl with Dragon Tattoo, we can see Salander gets some forms of sexual sadism from Bjurman. There is not only sexual insult verbal, but also some kinds of sexual sadism of rape forms. The experience of Salander in sexual sadism is started when she meets her new guardian lawyer, Bjurman. On the other hand is recognize as a person who likes to do sex in the novel. Bjurman takes an opportunity by keeping Salander account and if she wants to get the money she must do the sex with him first. It is also supported by interview that is done, Bjurman asks about Salander sex life which is turn out to be another interrogation by asking her private aspect in her life, is that about her sexual background. All she wanted is about the money without making and giving any sexual sadism with him. With all scare feeling she agrees to do it again with Bjurman. The thing that she hates so much is having sex with a condition and compulsion. The fear is appears on Salander body language. This sexual sadism has made Salander suffered from some physically. It has become the worst experience ever in her life. Sexual sadism which is experienced by Salander is mostly done by Bjurman. Bjurman is not only doing the sexual sadism toward Salander in form of rape, but also psychological. In this case, Salander can be concluded to get she witnesses and watching other person, or even the person that she like, suffered from physical sadism. In this novel, Salander has been found experiencing sexual sadism. REFERENCES Barlow, H. David, Durand. V. Mark. 2009. Abnormal Psychology 5th edition. USA : Wadsworth Cengage Learning. Hoeksema, Susan Nolen. (2004). Abnormal Psychology. Third edition. New York: McGraw-Hill Comapanies Inc. Krafft-Ebing, Richard von. 1933. Psychopathia Sexualis: With Especial Reference to the Antipathic Sexual Instinct: A Medico-Forensic Study. New York: Physicians and Surgeons Book Co. Larsson, Stieg. (2008). The Girl with Dragon Tattoo. New York: Vintage Books. Matsumoto, David. 2009. The Cambridge Dictionary of Psychology. USA: Cambridge University Press. Schultz, D. P. & Schultz, S. E. (2009).Theories of personality 9th Edition. United States of America:Wadsworth Cengange Learning. Shannon, Joyce Brennfleck. 2009. Theories of Personality 9th Edition. United States of America: Omnigraphics, Inc.

This report describes trends in the beef industry in the Monsoonal North. It aims to provide the region's natural resource management (NRM) groups with an understanding of how best to support the industry, undertake the changes required to improve its environmental sustainability and economic viability, and to provide it with resilience in the face of increasing development pressures and climate change. This report charts the industry's history and development; describes its current condition and the pressures and drivers it is experiencing; and explores how these are likely to change in the near future. The region: The Monsoonal North covers 20% of Australia's land surface across the tropical savannas. It shares a monsoonal climate, extensive intact ecological systems, generally poor soils and limited development. Its river systems carry nearly half of the runoff. The region has a large Indigenous population; most land is either under Indigenous ownership or subject to Native Title; and the highest proportion of Indigenous people live in the region's north and north-west. The region also faces a number of shared issues, particularly the challenges of intensifying climatic extremes and pressure to exploit Asia's growing demand for agricultural produce, which is placing pressure on land and water resources. The industry: Cattle production is northern Australia's most important agricultural industry. Two-thirds of the Monsoonal North is currently used for extensive cattle grazing. Through most of the region, cattle are grazed at low stocking rates on native pastures, with introduced pasture species being restricted in extent. Most enterprises breed animals for the low-value live export trade or for fattening and finishing on better pastures or in feedlots. Cattle numbers in Queensland, Northern Territory and Western Australia have doubled since 1965, and fluctuated with changes in demand and climatic conditions. In 2009, the Monsoonal North held around 5.7 million head of cattle. High export demand from Asia and drought destocking has seen the region's cattle numbers fall and prices rise through 2014-15. In the longer-term, continued growth in global demand, a reduced Australian dollar and high global prices, and improved incomes are forecast for Australian beef producers. Since 2009, each of the three northern governments have released policy documents that included targets to increase the herd size by between 1 and 5%, with the greatest planned increases on Aboriginal land in the Kimberley. Between 2009 and 2014, the Northern Territory herd grew by more than the projected 5% increase. Herd size in Queensland has recently diminished because of drought, and the current government's stance on herd-building is unclear. Nevertheless, long-term growth is expected to increase the northern Australian herd by a further 80% by 2050. Recent growth in the northern cattle herd has been achieved through intensification (spreading grazing pressure using water points and fencing) and development of underutilised properties, notably on Indigenous lands. Indigenous pastoralism is growing rapidly, with developments in all parts of the sector from cattle breeding to slaughter. Markets: Most beef grown in northern Australia is sent to Asia, with Indonesia being the largest buyer of live cattle. Despite a long-established framework for assuring animal health and welfare within Australia, widely-publicised animal mistreatment in Indonesia resulted in the temporary closure of the live-export market in 2011 until animal welfare could be assured throughout the supply chain. This closure demonstrated how dependence on a single market exposed the northern beef industry to market volatility. Bilateral and multilateral trade negotiations by the federal government are now progressively broadening market access, with agreements favouring Australian beef now in place or close to finalisation with most significant beef markets. Enterprises: Cattle enterprises in the Monsoonal North have been struggling because, in real terms, cattle prices have declined, while input costs have remained stable. In addition, escalating land prices through the 1990s and 2000s encouraged many land owners to increase their mortgages to levels that became unsustainable once land prices fell. This has implications for environmental management. In comparison to pastoralists in a good financial position, those in debt have less resilience to cope with drought; are less likely to adopt practice improvements needed for improving enterprise viability and environmental conditions; and are more likely to suffer adverse health effects. Many enterprises, especially those with small herds, derive more income from off-farm work than they earn from cattle operations. While large cattle enterprises allow economies of scale, increasing cattle herd size seems less important to profitability than does improving herd performance. Performance: Except on Mitchell Grass pastures and small areas of intensively managed pastures, cattle performance in the Monsoonal North is substandard when compared to the rest of the country, and is affected by poor quality pasture quality. Breeding performance is typically poor; with low pregnancy rates; high foetal and calf death rates; and many cows are lost. However, the achievements of the top 25% of the industry indicate there is great potential to improve performance on the remaining properties. Health and well-being: Pastoral production is a stressful occupation, involving financial insecurity and isolation; and pastoralists have high rates of injury, disease, accident and suicide. Recent years have brought additional challenges associated with falling land prices, market instability and drought. In the Burdekin Dry Tropics, proposed coal mining is increasing stress levels for many pastoralists. Supply and demand: Domestic demand for beef in Australia stagnated because per capita beef consumption has fallen, but global demand is escalating with population growth and economic development. Demand for beef is expected to keep increasing until at least 2050, with greatest growth occurring in China. Australia was the world's top beef exporter until 2003. Only Brazil and India currently export more beef than Australia does. Australia's disease-free status gives it access to markets that are closed to these exporters. Australia's dominance of the live-export trade to Indonesia also helps provide a disease free buffer to its north. Australian beef producers are disadvantaged by protectionist measures employed by both beef importing countries and exporting countries. The Australian Government has been engaging in international trade agreements that will overcome some of these barriers and increase market access. Market requirements and consumer preference: A high percentage of Brahman genes in the herd makes northern cattle attractive for slaughter and feedlots in tropical countries. However, slow growth rates and long transport distances mean most beef is sold in the low end of the market. Ethical, health and environmental concerns have contributed to the decline in domestic meat consumption, and are influencing consumer preferences in global markets. These concerns are driving practice improvement throughout the Australian beef supply chain. Challenges: Industry viability is constrained by lack of infrastructure, including feedlots, intensive fattening pastures, saleyards and meatworks, inactive ports and poor quality roads, all of which combine to make freight expensive, pushing up input costs. Considerable advances have been made in alleviating these constraints by building meatworks in Darwin, Arnhem Land and the Kimberley. However, lack of competition through the supply chain may be depressing returns at the farm gate. The ports of Darwin and Townsville are operating at record capacity, but some northern ports with export facilities (Port Hedland, Weipa, Mourilyan and Mackay) have not operated for several years. Water for cattle operations and irrigated crops may be at risk if extraction for these and other activities is not sustainably allocated. While broadscale irrigated cropping is likely to be restricted to a small proportion of the region, its requirements for water resources and fertile soil may deprive the pastoral industry of some of its most productive pasture land. Extraction for mining and irrigated agriculture is of particular concern. This has become a contentious issue with several coal projects in Queensland's Galilee Basin. Mining also has the potential to disrupt pastoral operations by removing land from production for both mineral extraction and infrastructure. Again, this is a significant issue in Queensland, where several landholders will be affected by the rail corridor servicing mines in the Galilee Basin. The disruption caused by mining poses a risk, not only to the financial viability of pastoral enterprises, but also to the health and welfare of pastoralists and their families. If well managed, however, mining and agricultural development can also have co-benefits, improving regional economies and providing employment and infrastructure. Weeds, fire, pest animals, disease and cattle theft all impose financial burdens on northern pastoral operations. Production losses caused by weeds have been estimated at costing the industry around $1,000 million/year; pest animals: ca $36 million/year; disease and parasites: ca $390 million; and cattle theft between $1.5 and $2 million a year in Queensland alone. No industry-wide estimates are available for impacts of fire, cyclones or other natural disasters. Conversely, pastoral managers perform important roles in control of weeds, fire, pest animals and diseases that would not be undertaken if no one was living on the lands they manage. Climatic and seasonal conditions are also serious constraints, particularly in inland Queensland, where periods of drought of two or more years are not uncommon. Conversely, extended periods of above average rainfall may encourage pastoralists to stock land beyond its long-term carrying capacity, and develop unrealistic impressions of what average conditions are. This could be an issue in the Kimberley if the elevated rainfall of the last few decades is not sustained. Climate change is already being felt in the region. Temperature have risen by up to 1.0°C since 1910, with further increases of up to 5°C expected by the end of the century. Droughts, cyclones, wildfires and flooding rains are likely to intensify over the next few decades, and continue to intensify until at least the end of the century. Carbon dioxide enrichment may increase forage production, but reduce its quality and stimulate woody thickening, as woody plants are favoured over tropical grasses. In most climate change scenarios, whether rainfall remains roughly the same or decreases, pasture growth and safe stocking rates in the Monsoonal North are expected to decrease, with the worst scenarios predicting decreases in pasture growth and safe stocking rates of between 50% and 60%. Climate change will also have adverse impacts on each stage of the supply chain, with effects ranging from increasingly uncomfortable work conditions to increased frequency of flood and cyclone damage to infrastructure. Policy environment: Many organisations have an influence on the direction of the pastoral industry. Individually, or as part of cross jurisdictional alliances, national, state and territory governments promote industry sustainability and herd-building. The preferred approach is to improve trade relations; simplify regulation; invest in roads; and provide a conducive business environment to attract infrastructure investment. The Developing Northern Australian White Paper and the Agricultural Competitiveness White Paper further these objectives. Under Australian national legislation, the Red Meat Advisory Council was established to represent the interests of beef and other meat producers, and is reported to by various state farming organisations that work closely with the industry as advocates and information and extension providers. Research and marketing is largely driven by Meat and Livestock Australia (informed on northern issues by the North Australia Beef Research Council) and extension is delivered by state agencies, state farming organisations and NRM groups. The emphasis of both research and extension is on practice improvement, rather than herd building. The Australian Government funded Indigenous Land Corporation is also playing a pivotal role in the northern grazing industry by assisting Indigenous people acquire, develop and manage pastoral properties. Finally, the policies and assessments made by financial institutions can both determine the level of debt that a pastoral enterprise can acquire and the cost of repayment, and influence whether developments seeking external funding are seen as viable. The Australian Government is committed to climate change action by virtue of signing international agreements. Its commitments to reduce emissions will help moderate the long-term impacts of climate change. Both the Western Australian and Northern Territory Governments have also made climate change commitments and the Queensland Government is currently revitalising its climate change agenda. Regulatory environment: Legislation and regulation govern much activity on pastoral properties, most of which are pastoral leases coexisting with Native Title. This type of land tenure allows pastoralists to undertake most activities that can be justified as core business to a pastoral operation, including pastoral-related activities that reduce carbon footprints. Diversification into other activities requires the consent of Native Title holders, which is usually negotiated through Indigenous Land Use and Access Agreements. Pastoralists have the right to water stock and clear vegetation for pastoral uses, but conditions vary between jurisdictions and water use for agricultural development requires a permit. There is a lack of clarity about whether permits can be granted for non-pastoral uses (including diversification into broadacre cropping) in Western Australia and Queensland. Pastoral leases also come with a range of legislated responsibilities. Leaseholders in each jurisdiction are to manage weeds, pest animals and diseases and to report notifiable cattle diseases to the relevant authority. They must use National Livestock Identification Scheme tags to ensure their cattle can be traced through the supply chain, and adhere to animal health and welfare standards. In addition, as employers, pastoral operators must follow conditions laid down by Fairwork Australia. Graziers in the Burdekin catchment are required to manage their properties to minimise reef pollution. The rights of miners to access land and water override those of pastoral leaseholders. While legislation facilitating exploitation of mineral and gas and fuel resources purports to safeguard other interests (notably environmental matters and water access), few mining proposals have been rejected because of environmental or pastoral concerns. Practice improvement: Much effort has been invested in identifying the best practices to improve the profitability and environmental sustainability of the northern beef industry. Key areas of knowledge advancement include: • Improving land condition • Improving diet through exotic pastures and supplementary feeding, especially at finishing • Improving reproductive performance by culling non-productive animals, vaccinating against reproductive diseases and improving diet quality • Increasing liveweight gain through early weaning and improving diet quality • Spreading grazing pressure by increasing fencing and water points. Improvements to herd management are largely compatible with practice change required for reducing adverse impacts on biodiversity, carbon footprints and Great Barrier Reef water quality. Improved animal performance increases animal growth rates (meaning fewer animals are required to produce the same volume of meat), and therefore also reduces the methane emissions generated. Good herd performance in rangelands is also dependent on moderate stocking rates to maximise forage quality, especially by improving the cover of productive perennial grasses. Improved ground cover also reduces soil loss (when cover is at least 50%) and gully formation (when at least 75%). Resilience to climate change will be built by undertaking the practice improvements identified to improve pastoral productivity and land condition. Of particular importance is the ability to adjust stocking rates in relation to seasonal conditions. At the industry level, decision support, including improved access to climatic information, is required to assist pastoralists make the best decisions for their circumstances. Diversification: Another approach to increasing enterprise resilience is diversification. Options being canvased include small-scale irrigation of pasture crops for finishing cattle on the property, grain and oil seed crops, biodiversity conservation and carbon abatement. Conservation efforts on some properties attracted subsidies in return for entering into conservation agreements. Biodiversity offsets may widen opportunities for on-property conservation, particularly in Queensland, where a formalised offset scheme is being developed. A small number of pastoral properties in the region are also receiving funding for fire management to reduce carbon emissions. A range of other emission reduction opportunities are at various stages of development, including reducing emissions from pastoral operations through improved herd management and adjusting cattle diets and storing carbon in soil or vegetation. Natural resource management implications: As practices to improve performance are adopted and/or diversification options are pursued, careful management will be required to avoid potential adverse environmental impacts. Best-bet options for improving environmental outcomes along with pastoral productivity include: • Avoiding the use of "transformer" grasses (with high biomass and fuel loads), or at least ensuring they do not escape from improved pasture plantings • Protecting areas of high biodiversity values when increasing extent and/or intensity of grazing, in particular protecting biodiversity values on riparian corridors when planning irrigated cropping projects • Ensuring wet season supplementary feeding does not weaken native perennial grasses • Ensuring early dry season burning does not lead to vegetation thickening and biodiversity decline. The NRM implications of the current trajectory of the pastoral industry are mixed. Herd building will put more pressure on the natural environment. However, performance improvement has many benefits by reducing the number of hooves and mouths required to produce a kilogram of meat. If well managed, mosaic agriculture can contribute to herd performance while taking pressure off pastures and the natural environment during the wet season, but managed poorly could result in further degradation of alluvial environments and over stocking of adjacent areas. The environmental footprint of diversification into agriculture would similarly need to be managed carefully. However, increasing income from various forms of ecosystem service delivery, particularly on lands that are marginal for grazing, would be a boon to both pastoral enterprises and the environment. Central to all this change are the pastoralists themselves. And with all that is required from them and all the stresses and strains they already have to bear, many will be in no position to take up improved practices, let alone participate in conservation activities. Pathways out of debt must be found before resilience in the face of change can be achieved, and pastoralists must be supported in the adoption of new practices, rather than have it mandated.

KURT JANISCH'S POWER AND SEXUALITY IN ELFRIEDE JELINEK'S GREED Annisa Firdausi English Literature, Faculty of Languages and Arts, Surabaya State University firdausi.annisa19@gmail.com Drs. Much. Khoiri, M.Si English Department, Faculty of Languages and Arts, Surabaya State University much_choiri@yahoo.com Abstrak Kekuasaan sering didefinisikan sebagai kemampuan seseorang yang kuat untuk mendapatkan keinginannya atas kehendak orang yang tidak berdaya. Orang-orang yang memiliki kekuasaan dapat menggunakan kekuasaan mereka untuk mengambil keuntungan untuk mereka sendiri, mengontrol orang lain dan dapat juga memanipulasi orang lain. Orang-orang yang memiliki kekuasaan juga seringkali menggunakan kekuasaan untuk memuaskan nafsu seksual mereka. Michel Foucault (1978: 83) berpendapat bahwa jika kekuasaan hanya dilihat sebagai kemampuan untuk memiliki keinginan, atau jika konstitutif pada keinginan sendiri , untuk afirmasi: anda akan selalu dan sudah terjebak. Skripsi ini difokuskan pada kekuasaan dan seksualitas Kurt Janisch di novel Greed oleh Elfriede Jelinek. Tujuan dari penelitian ini adalah untuk menggambarkan bagaimana kekuasaan Kurt Janisch yang digambarkan dalam Greed oleh Elfriede Jelinek, dan untuk mengungkapkan bagaimana kekuasaan Kurt Janisch mempengaruhi seksualitasnya. Skripsi ini menggunakan beberapa proses analisis, yaitu: (1) mengklasifikasikan kutipan yang relevan dan sesuai dengan rumusan masalah, (2) menggambarkan kekuasaan Kurt Janisch dengan menggunakan teori five bases of power oleh John RP French dan Bertram Raven , (3) mengungkapkan bagaimana seksualitas Kurt Janisch dipengaruhi oleh kekuasaannya dengan menggunakan circles of sexuality oleh Dr Dennis M. Dailey. Akhirnya, hasil analisis menunjukkan bahwa dalam novel ini Kurt Janisch menyalahgunakan kekuasaannya. Dia menggunakan setiap kesempatan yang ada untuk memaksa orang dan mengintimidasi rekan-rekannya yang lebih muda. Dapat dikatakan bahwa ia menggunakan kekuasaannya secara paksa – itu termasuk dalam coercive power. Selain itu, perilaku Kurt Janisch dalam mengintimidasi rekan-rekannya yang lebih muda dapat diklasifikasikan sebagai legitimate power. Dia juga menggunakan jenis informational power karena ia menyembunyikan informasi yang dapat membahayakan dirinya. Dengan kekuatan yang dimilikinya, ia memaksa perempuan untuk berhubungan seks dengannya. Saat berhubungan seks dengan wanita, Kurt Janisch melakukan beberapa kekerasan seksual, pelecehan seksual kepada anak, dan perkosaan yang termasuk dalam lingkaran sexualization. Fakta-fakta tersebut adalah bukti bahwa Kurt Janisch menyalahgunakan kekuasaannya untuk mendapatkan kepuasan dalam hubungan seksual. Kata Kunci: Kekuasaan, Seksualitas, Greed, Circles of sexuality Abstract Power is often defined as the capability of someone strong to achieve his desires over the will of powerless people. Powerful people can use their power to take advantage for themselves, control people can even manipulate someone else. Powerful people also oftenly use power to satisfy their sexual appetite. Michel Foucault (1978: 83) argues that if power is seen as having only an external hold on desire, or, if it is constitutive of desire itself, to the affirmation: you are always-already trapped. This study focuses on Kurt Janisch's power and sexuality in Elfriede Jelinek's Greed. The purposes of this study are to describe how Kurt Janisch's power is depicted in Elfriede Jelinek's Greed, and to reveal how Kurt Janisch's power affects his sexuality. This study does some processes of analysis, they are: (1) classifying the relevant quotations which are in line with the problem of statements, (2) describing Kurt Janisch's power by using the theory of five bases of power by John R.P. French and Bertram Raven, (3) revealing how Kurt Janisch's sexuality is affected by his power by using Dr. Dennis M. Dailey's circles of sexuality. Eventually, the result of the analysis shows that Kurt Janisch power which is depicted in the novel is abusive. He uses every opportunity that he has to force people and intimidate his younger colleagues. It can be said that he uses his power coercively--it is the coercive power. Moreover, his behaviour in pressing his younger colleagues is classified as legitimate power. He also uses the kind of informational power because he hides informations that can harm him. With the power that he has, he forces women to have sex with him. While having sex with women, Kurt Janisch does some sexual violence, child abuse, rape and sexual harassment which are included in the sexualization circle. Those facts are proofs that Kurt Janisch is abusing his power to get his only satisfication in sexual intercourse. Keywords: Power, Sexuality, Greed, Circles of Sexuality INTRODUCTION Power is often conceptualised as the capacity of powerful agents to realise their will over the will of powerless people, and the ability to force them to do things which they do not wish to do. Power is also often seen as a possession, something which is held onto by those in power and which those who are powerless try to wrest from their control. In The History of Sexuality, Vol. I, Michel Foucault argue that if power is seen as having only an external hold on desire, or, if it is constitutive of desire itself, to the affirmation: you are always-already trapped. Moreover, one must not imagine that this representation is peculiar to those who are concerned with the problem of the relations of power with sex. (Foucault, 1978: 83). The act of using one's position of power in an abuse way is called power abuse. This can take many forms, such as taking advantage of someone, gaining access to information that shouldn'e be accesible to public, or just manipulating someone with the ability to punish them if they don't comply. Abuseis the improper usage or treatment of an entity, often to unfairlyor improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices; crimes, or other types of aggression. Abuse of power is different from usurpation of power, which is an exercise of authority that the offender does not actually have. Sexuality is complex and spans a vast array of human experiences including family relationships, dating, sexual behavior, physical development, sensuality, sexualization, reproduction, gender, body image and more. It is a fundamental and natural part of being human, for people of all ages. Defining sexuality can be difficult, but it may help to think about Amy Schalet's description of sexuality as posted on medscape.com, "as the expression of an age-blind desire for meaningful intimacy and connection with others". Sexuality is much more than sexual feelings or sexual intercourse. It is an important part of who a person is and what she or he will become. It includes all the feelings, thoughts and behaviors of being female or male, being attractive and being in love, as well as being in relationships that include sexual intimacy and physical sexual activity. Jelinek's works are mostly concern on patriarchal hierarchies define the engines of commerce and commerce defines personal relationships, its individuals' sexuality. Besides The Piano Teacher and Women as Lovers, Greed is also regarded as one of her novels which concern on sexuality. So, this thesis will analyse Elfriede Jelinek's Greed in the terms of its sexuality. In Greed, Kurt Janisch has a big power over the country. Unfortunately, he uses his power to harm and threaten other people. Kurt Janisch is a greedy and ambitious man. He likes to have many properties. But the way he try to get it is so nasty. He uses his power as a country policeman to get properties. He is somehow uses his power abuse. At one time, he would like to have a drink without paying it. According to him, he does not need to pay the drink because he has an authority there. Kurt Janisch realizes that he has a big power. His power is, however, influence his sexuality. He would like to have sex with women in his country just to have their properties. The women, who realize that Kurt is a powerful man, can not reject his attitude. He sometimes stop a woman for speeding then have sex with her beside her car. After that, they went to her house and Kurt can have that woman's property. In accordance of background study above, it can be simplify to discuss among two problems that emerge as significant concern toward this novel. How is Kurt Janisch's power depicted in Elfriede Jelinek's Greed? How does Kurt Janisch's power affect his sexuality in Elfriede Jelinek's Greed? This study will uses two theories which are in line with the statement of the problems. The first problem is how Kurt Janisch's power depicted in Greed. This statement will use the concept of power. This concept is originally introduced developed by social pschologists named French and Raven. This concept is united and merged with the bases of social power which people use in their daily life. There are five kinds of power in this concept, they are coercive power, reward power, legitimate power, referent power and expert power. There is also an additional kind of power, which is the informational power. Then the second problem is how Kurt Janisch's power affects his sexuality. This statement will apply the concept of sexuality, especially in the circles of sexuality. This concept is developed by a man known as the pornographic professor, Dr. Dennis M. Dailey. It is about the circles of sexuality which is experienced by every human being. There are five circles, they are sensuality, sexual intimacy, sexual identity, reproduction and sexualization. RESEARCH METHOD Research methodolgy that used in this analysis here must be qualified as an applying in literary appreciation. The thesis is regarded as a descriptive-qualitative study and uses a library research. This study uses novel of Elfriede Jelinek entitled Greed that published Seven Stories Press, 140 Watts Street, New York in 2007 as the data source of this study. The datas are in the form of direct and indirect speech of the characters, dialogues, epilogues and quotations which indicate and represent aspect of power abuse and sexualization which is experienced by the main character. This thesis is using the library method in collecting the data. It does not use the statistic method. That is why it is not served in numbering or tables. Library research used an approach in analyzing this study. The kind of library research which is used here is intensive or closely reading to search quotations or phrases. It also used to analyze the literary elements both intrinsic and extrinsic. The references are taken from library and contributing ideas about this study from internet that support the idea of analyzing. The analysis is done by the following steps: (1) Classification based on the statement of the problems. This classification is used to avoid the broad discussion. There are two classifications in this study. They are the depiction of power and how it affects the sexuality. (2) Describing Kurt Janisch's power which is stated from the quotations or statements. (3) Describing how Kurt Janisch's sexuality which is stated from the quotations or statements. (4) Revealing the relations between power and sexuality. The quotations that showed how the character's sexuality is affected by his power are taken as data. (5) Drawing the conclusion based on the analysis which is in line with the problems. ANALYSIS The first section is about the describtion of Kurt Janisch's power as a country policeman. Kurt Janisch, the country policeman, is the main character in this story. For three generation, his whole family hold the power over the country. His father is a former police colonel while his son, Ernst Janisch, is employed by the Post Office as a telephone maintenance man. He attended a technical secondary school, whose graduates call themselves engineers. Being a country policeman makes Kurt Janisch hold a big power over his people. "Such a forceful, big man, who is capable of unleashing almost any kind of event." (Jelinek, 2007: 10). Kurt Janisch is described as a forceful man. This is deal with his job as a country policeman. He has quite an authority to control people in his country so he is also described as a 'big man'. He knew that he is the one who is more capable of making any decisions in his country and the people must live with his decisions. People mostly obey the figure of authority because they have been conditioned to do so. In this case, Kurt Janisch is in a position of power, so they are required to do so by law. Most citizens are afraid to disobey laws because they don't like the outcome or the embarrassment. The country policeman then uses his power to force his people. He forces everyone to get what he wants. From the way Kurt Janisch is described as a forceful man in using his power, it is shown that Kurt Janisch uses the kind of coercive power. As mentioned by French and Raven in the previous chapter, coercive power happens when a powerful man forces other people to do something they do not want to do (French and Raven, 1959: 87). In this case, Kurt Janisch forces his people (mostly women) to do sex and give him their properties. The behaviour of Kurt Janisch can be classified in coercive power because he is also 'capable of unleashing any kind of event'. It might be true that he is doing his job well by helping his people in any kind of situation. But on the other side, the word 'any kind of event' means that he can unleash people who is guilty by giving him somtehing in return. For Kurt Janisch, he only wants sex or properties. People are forced by him to do so, and they did it because they are powerless and have no other choices. Not only unleashing any kind of event, he could also 'create' event so that he would get what he wants. Kurt Janisch is sometimes also in charge of maintaining traffic order. Once in a while he stop the car and inspect it. He thinks, he will get a slight advantage from it. "The country policeman only has to take advantage of the opportunity, because in their own car everyone makes a mistake once." (Jelinek, 2007: 44). He believes that the termination of some cars, there will be some drivers who commit traffic offenses. They could be not carrying the driving license or they could even carrying drugs. If there is an offense, then he will offer them some choices. Such things like he will give him a ticket or they can give him a bribe. As a country policeman, Kurt Janisch may stop and search any person or vehicle for stolen or prohibited things. Generally weapons such as knives and guns that are made or adapted for use in accordance with certain offences which include fraud, criminal damage, theft, burglary and taking a motor vehicle without authority. But a police officer cannot simply stop and search anybody he likes. In this case, Kurt Janisch has proven that he is abusing his power. He stop and search without any reasonable grounds and he even take advantages from it. He can do this just because he has a warrant card which he shows them everytime he do stop and search. It makes people do not dare to reject him. Since Kurt Janisch has a greedy nature, he uses any ways to satisfy his ever-increasing demands. Because he is a country policeman, then he can use his power to fulfill his greediness. One of his ways is force women to give him properties. "His fingers are itching to angrily beat the woman if she doesn't want to give up her house voluntarily," (Jelinek, 2007: 278). There is no word 'to give up' in the Kurt Janisch's dictionary in getting properties. Therefore he does not hesitate to use violence to get it. In this sentence, it can be seen that Kurt Janisch had thought that he would hit the woman if she refused to give her home. However, he also forced her to hand it over voluntarily. It does not matter whether she is really voluntary or not. The important thing to him is that people know that she gave her house voluntarily. The forcing behaviour that Kurt Janisch did in getting a house can be classified in coercive power. He uses his power to force someone to do what he wants. He did not hesitate to commit coercion because he knew that he is powerful. Therefore, the people will not dare to report him. This action can also be called as an abuse of power. The effect of abuse of powerin the government is that the citizens suffer. When the government abuses their power, the society cannot benefit as it properly should because those in position to help are not staying within the realm of their job. Kurt Janisch is not only misusing his power to his people in his district. People in his office also admitted that he is quite powerful. "He is otherwise something of a disrespectful man, the country policeman, and so he demands all the more respect from the young recruits." (Jelinek, 2007: 195). Kurt Janisch is always look nice and warm in front of the women. But to his co-workers, he is described as a disrespectful man. He likes to putting someone down, trying to make them feel low and treating someone in a horrible manner. Sometimes he is also showing his co-workers that they mean less than nothing to him. He is both rude and ignorant towards another persons feeling. This behaviour is shown by Kurt Janisch mostly to the young recruits. He asked them to show him more respects. While in fact, he does not respect them as much as they do. He thinks that it should be the way, since he is a senior and they were just a young recruiter. What Kurt Janisch does to his young recruiters is included to legitimate power category. A leader who has ability to control other people's feeling by giving them rewards or punishment is a kind of leader in legitimate power. They can give them rewards or punishment to anyone. They also can do anything to them as punishment. The subordinates have no right to reject the rewards or punishments which the leader gives. According to French and Raven in this legitimate power theory, Kurt Janisch's subordinates will only obey him as a country policeman not spesifically in person. This power is therefore not strong enough to be Kurt Janisch's only form of influencing or persuading. Even so, he keeps doing it. For him, it is a matter of pride. "he will take every opportunity to press up against younger colleagues, to pass his hands over their hips and to let them properly feel his little fellow," (Jelinek, 2007: 298). From the sentence above, we can see that Kurt Janisch is sometimes does not hesitate to commit physical violence against his younger colleagues. Once his younger colleagues are making mistakes, he would give them some lessons rudely. He treated them that way in order to make sure that the will not do the same mistake twice. But somehow he became too far. It is shown that he would use every opportunity he has to press up his younger colleagues. However, he press up his colleagues violently. He put his hands around their hips and punch it. He punches them quite strong so they can feel how dissappointed he is. He thinks, if he do it that way, they will learn something. Kurt Janisch is granted many powers in order to keep the peace and protect the general public. There are, of course, limits on his behaviour and if people feel he has used unlawful practices, they should contact a lawyer for legal advice. But Kurt Janisch does not get any complaints for all his behaviors which are beyond the limits. "They have the power to make people disappear without trace forever." (Jelinek, 2007: 261). In addition to maintaining security and protecting the public, Kurt Janisch also sometimes assigned as an investigator. He admitted that policemen have a big power in almost everything. It is shown in the sentence above that they can make people disappear without any trace left. It means that he could kill people and no one will know that he is the culprit. He could use his power as an investigator to throw all the evidences. So people would not know how the victim died and who did it forever. For this, Kurt Janisch uses his power as informational power. He holds an information and he manipulated it to his people. Informational power is based on the potential to use information. Providing rational arguments, using information to persuade others, using facts and manipulating information can create a power base. In this case, Kurt Janisch is keeping the information secretly and even organizing it neatly as if nothing happened. Then, the second section will show the effects of power in Kurt Jansich's sexuality in the novel. Sexuality is also become the main idea in this novel. The country policeman is already married, but his sexual life with his wife does not appear much in this novel. However, his sexual life with other women is much exposed. It is so much easier for him to get any women when he comes in as a figure of authority. "These female proceedings have to be conducted and intimately handled, even if what the Janischs do is not described like that. They combine the pleasing with the useful." (Jelinek, 2007: 26). Everytime Kurt Janisch helps women, he proceeded them 'differently'. Not only him, but his son is also joining him in handling the women. People believed that both of them are treated them unfairly. However, the Janischs have their own argument. They think of it as give-and-take. Whenever they help women, those women have to please them. Kurt Janisch is the one who is quite influential here. He uses his power to manipulate women in his sexual experiences. His act of control and influence women unfairly means that he is in a sexualization cycle. In this cycle, people can do things like flirting or even rape to get what they want. It can cause the women to feel shame and humiliation, but since he is a country policeman, they can not do nothing about it. "What interests the country policeman about women also lies more below the waistline," (Jelinek, 2007: 199). Kurt Janisch is really do not care anything else when his lust is appearing. He's not interested in what she says. He's interested in what she has. More importantly, he is very interested in the women's organ right under their waistline. He thinks that if he can control their vagina, he can control her completely. He knows that once a lonely woman has been satisfied, he will get what he wants more easily. People in various professional and institutional settings endure many forms of unwanted sexual acts that are perpetrated against them by people in positions of power. These perpetrators abuse their power, authority, trust, influence, and dependence to obtain sexual intercourse. (Buchhandler and Raphael, 2010: 3). The act that Kurt Janish has been done is somewhat an act of disrespectful through women. Women needs to be taken care and be loved. Men are using sex instrumentally in order to obtain and retain power over women. An evolutionary perspective does not deny the linkage between power and sex but suggests that the direction of causation is misperceived. Rather than men using sex to obtain power, it is much more accurate to say that they use power to obtain sex. (Browne, 2006: 147). Even they are being treated harshly and disrespectful, these women did not protest or report. Most of them are even delighted that they can have sex with a country policeman. "Two legs spread, for him alone, just like that, and a whole house puts in an appearance right in the middle." (Jelinek, 2007: 117). It is easy for Kurt Janisch to get what he wants. With the power that he has, he only needs two legs spread, like it is stated on the sentence. It means that he can conquer and persuade women to have sex with him. Once the women were already conquered, then they will give him whatever he wants. This makes Kurt Janisch addicted. When he realized that he could get what he wants so easily, then he will do it continously. However, to get two legs spread, Kurt Janisch is forcing them to do so. This behaviour can be classified in the coercive power. It is so, because Kurt Janisch is forcing the women to act in an involuntary manner by use of intimidation and threats. Coercion is one method by which a powerful agent can exercise and maintain his dominance over another. When one has the power needed to credibly threaten another, one can use that power to impose one's will on her regarding many choices. In law, coercion is classified as a threat crime. Such actions are used as leverage, to force the victim to act in a way contrary to their own interests. Coercion may involve the actual infliction of physical pain or psychological harm. This act of coercion that has been done by Kurt Janisch in sex can also be called as the act of rape. Often those men who see women as sex objects and as inherently inferior to men are more likely to commit to rape. Men who hold these beliefs think that they are entitled to control women's sexuality, and to determine what a woman really wants. Such men also think they are entitled to shape women's sexual and nonsexual behavior, and to decide what is acceptable or unacceptable. Therefore, women should meet male needs on demand, men are entitled to force their desires onto women, and therefore, men are entitled to rape women. (Lowell, 2010: 160). Sexual abuse of power, like rape, constitutes serious harms to victims precisely because it typically violates these rights. The right to remain free from sexual coercion stands at the basis of these violations: sexual coercion occurs whenever a person engages in unilateral sexual acts with another person, by exploiting that other person's body for the purposes of his own gratification, arousal or one–sided sexual pleasure, against the will of that other person. A little blood is coming from her vagina. What has he stuck in there this time, bigger than a slap in the face, smaller than a tractor? Perhaps the neck of the beer bottle? (Jelinek, 2007: 82) Not only described as a forceful man when it comes to sex, but he is also described as a crude person. It is stated in the sentence above that after having sex with a girl, a little blood is coming from her vagina. She also feels a great painful when she woke up. She wonders why is that happen. It was not the first time she has sex, so it is obviously not a virgin blood. It can happen because of two things. Either she was on her period or Kurt Janisch was hardly forces his cock into her vagina. From the sentence, the right answer is the second one. She is wondering what he stuck in her vagina. The pain feels more painful than a slap in the face. She presumes that he inserted the neck of the beer bottle which is very hard and painful. This is also the act of sexual assault that has been done by Kurt Janisch. it is the act of having intercourse while doing a physical violence or using a tool. It can cause a great painful, a wound and even a fatal injury. Sexual assault can also included in case of rape because Kurt Janisch forces his cock that cause her to feel great pain in her vagina. This time, he uses his overpowering strength to the woman. It is classified in the sexualization cycle because he once again use his power to manipulate and harm his victim. Like the other victims, this woman is afraid to report him to the police officer. Eventhough she dares to report him, Kurt Janisch will take care of the case. He is also capable to remove all the evidences so that her accusation will not be proceed. As a figure of authority, Kurt Janisch has done too many crimes in his country. Not only raping, but he also done such act like sexual violence. He is surely has a sexual problem. "he's blowing his trumpet into such a young girl, she's no more than a child," (Jelinek, 2007: 83). Not enough with raping and sexual violence, he also dare to do a child abuse. It seems like his candidate for intercourse is not only adult women, but also a child. Through the statement above, we know that Kurt Janisch has an intercourse with a young girl who is described as no more than a child. This action can also be classified as raping. It was told in the story, an adult woman who has had sex with Kurt Janisch saw him having sex with a young girl. She was jealous and claimed that his trumpet is should be hers. Although Kurt Janisch has too many crimes, many women are still go after him. They all want to be treated by the country policeman. The fact that many women are after him, it makes him feels like he can own and control them. Moreover, he can control them because he is a country policeman. He did almost every crime in sexuality, like flirting, raping and even seduction. But his crimes are never been reported. His crimes are all covered by himself. He handles his own crime so nobody can jailed him. He is the one who can send people to jail and he obviously does not want to send himself. This is the power of authority, after one can control and manipulate someone, than everything can be done. Kurt Janisch has chosen to use his power to satisfy his need: sex. When his desire of sex is flaming, he would easily pick any woman to have sex with. His sexuality has become more complex lately. He would not care who the woman is, or does the woman wants it or not, he will just do it. "The age of the children is unimportant, they can be almost sixteen like Gabi," (Jelinek, 2007: 128). It gets worsen when he started to choose a young girl as a place to release his lust. It turns out that he did not do it once. He chose Gabi, who is almost sixteen to be his victim. Kurt Janisch admitted that he does not care about her age, evethough he knows that she was almost sixteen which means that she is still under age. All he cares about is just he has some place to release his lust, so any women will do. Kurt Janisch is now got into a serious problem. His act of raping a girl under age can be classified as child sexual abuse. Child sexual abuse is fundamentally an act of violation, power and domination. The sexual abuser's power, knowledge and resources are far greater thatn those of the child. So the abuser exploits this power difference to take advantage of the child. Children are dependent upon adults for their survival and for affection and understanding of the world. Kurt Janisch thinks that asking a girl who is in her puberty to have sex would be very easy. Girls that age are still fragile and tey can be easily manipulated. In this case, the one who manipulated her is someone who holds a big power over the country. This girl, who is known as Gabi, is just under sixteen. She is still innocent and easily trust any adults. That is why Kurt Janisch uses any tactics to get her. He gives her attention and gifts, manipulate and even threaten her. Gabi trusted him since he is the country policeman. But she never knew that he only wants her virginity. Kurt Janisch has done something terrible to Gabi. Girls at age 16 are emotionally unstable. He does not think that what he has done to her gave a big impacts in her life. Gabi does not want to let him go. She believed that she and Kurt Janisch has become a couple. But Kurt Janisch who only uses her as a relief from Gerti. He does not want that kind of relationship, so he dump her. Gabi becomes very depressed and aggressive. She still wants to be with him. However, she can not reported what Kurt Janisch has done to her. She was afraid to tell anyone. Besides, it was a shameful experience for her. So she just keep it to herself. CONCLUSION The conclusion is divided into two in accordance to the statement of problems. From the analysis that has been done, it can be conclude in the first conclusion that Kurt Janisch has a great power in the country. He is described as a forceful man because he oftenly forced people to do domething that he wants. People mostly obey him because they have been conditioned to obey the powerful people. Otherwise, people who disobey them will get a punishment. As a man who has power in his country, he tries to get any advantages he might get. He is powerful enough to get anything he wants from his people. He is described as a powerful man because he can unleash any kind of events. However, his way to unleashing any kind of events is by forcing people to have a sexual intercourse with him, otherwise, their driver's license will be taken. Whenever he has an opportunity to take advantages, he would go for it. He will make an entrance as a figure of authority. He even forces people in a bar to give him free drinks because he said that he is on duty. While he is on duty as a traffic cop, he would also like to take advantages from the women drivers. He knows that women drivers are mostly make mistakes. So there he goes, stop and search them, threaten them and finaly forces them to give him what he wants. Kurt Janisch's act of forcing people can be classified in coercive power. It can be seen that he oftenly forces people to do what they do not want to do. Besides using the coercive power, Kurt Janisch is sometimes also use the legitimate power. It is shown when he deliberately pressing up and beat his younger colleagues when they do mistakes and do notwant to obey him. He likes to show his seniority against his juniors in the police office. He wants to be respected, but he does not want to respect his colleagues. Kurt Janisch who is sometimes also in charge of search team uses the kind of informational power. He thinks that country policemen also have power to make people disappear without any trace left. He has the capability to hid and manipulate the information he gets to protect himself from any harm. That is why the crimes that Kurt Janisch's done are never been proceed in the court. So, Kurt Janisch's power that is described in this novel are very big. It can be said that Kurt Janisch is abusing his power. The second conclusion is about how Kurt Janisch power affects his sexuality. In the analysis chapter, it can be seen that Kurt Janisch likes to controlling another person in many cases. He also applied this act to have sex with women whom he forced. He likes to help women with their problems and ask them to have sex with him in return. The women can not refuse because they know that they are forced by someone with enormous power in their country. Since then, Kurt Janisch likes rough sex. He oftenly hitting the victim of both on the face and the mouth. This is the act of sexual violence. Then he also hurt the sex organs of a woman because he put his penis too hard. It causes the woman's vagina bleeding hard. In addition, he also did verbal violence by telling the women that they are just toys for Kurt Janisch which can be played at his will. The harshest thing that he did is child abuse. He raped an under-age girl named Gerti and Gabi and cause Gerti to commit suicide. All of his victims do not do any resistance. They have been threatened by Kurt Janisch to keep it. If they leak it, they will bear the severe consequences. Kurt Janisch can do violence to his victims because he feels that he is a powerful person. He can rule in all respects, including in sexual intercourse. In this case, he will not care about the effects that would arise from the sexual violence he was doing. The act of rape, sexual violence and sexual abuse can be classified in a circle sexualization. Sexualization is using sex or sexuality to influence, manipulate or control other people. So, with the power that he has, Kurt Janisch can easily rape any women and he likes to do rough sex. REFERENCE An Explanation of the Circles of Sexuality. Advocates for Youth. 2007. Web. November 27, 2013. Barnett, Jordan. Kaplan's Triphasic Model. Sex Wiki. April 11, 2011. Web. December 25, 2013. Browne, Kingsley R. Sex, Power, and Dominance: The Evolutionary Psychology of Sexual Harassment. Detroit: Wiley InterScience, 2006. Buchhandler, Michal and Raphael. Sexual Abuse of Power. Selected Works. March 2010. Web. April 15, 2014. http://works.bepress.com/michal_buchhandler_raphael/9 Foucault, Michel. The History of Sexuality, Vol. I. New York: Pantheon Books, 1978. French, and Raven. The Bases of Social Power. Michigan: University of Michigan Press, 1959. Hutchinson, Paul L. and Gage, Anastasia J. Power, Control, and Intimate Partner Sexual Violence in Haiti. Archives of Sexual Behavior, Vol. 35, No. 1, 2006. Jelinek, Elfriede. Greed. New York: Seven Stories Press, 2007. Lowell, Gary. A Review of Rape Statistics, Theories, and Policy. Undergraduate Review, 6, 158-163. 2010. Schalet, Amy. Must We Fear Adolscent Sexuality?. Medscape Multispecialty. December 30, 2004. Web. December 18, 2013. http://www.medscape.com/viewarticle/494933 Wrobel, Szymon. Power, Subject and the Concept of Rational Action, in: A Decade of Transformation, IWM Junior Visiting Fellows Conferences, Vol. 8: Vienna, 1999.

Introduction Such symptoms as hard, complex, bodily or mental feelings, that turn our everyday life into a hell, at first, lead us to a doctor, and then - to a psychotherapist. A sick man is keen to get rid of a symptom. A doctor prescribes medication, that is ought to eliminate a symptom. A psychotherapist searches for a reason of the problem that needs to be removed. There is such an idea that a neurotic symptom, in particular, an anxiety - is a pathological (spare or extra) response of a body. It is generally believed that such anxiety doesn't have some real, objective reasons and that it is the result of a nervous system disorder, or some disruption of a cognitive sphere etc. Meanwhile, it is known that in the majority of cases, medical examinations of anxious people show that they don't have any organic damages, including nervous system. It often happens that patients even wish doctors have found at least any pathology and have begun its treatment. And yet - there is no pathology. All examinations indicate a high level of functionality of a body and great performance of the brain's work. Doctors throw their hands up, as they can't cure healthy people. One of my clients told me her story of such medical examinations (which I'll tell you with her permission). She said that it was more than 10 years ago. So, when she told her doctor all of her symptoms - he seemed very interested in it. He placed a helmet with electrodes on her head and wore some special glasses, when, according to her words, he created some kind of stressful situation for her brain, as she was seeing some flashings of bright pictures in her eyes. She said that he had been bothered with her for quite a long time, and at the end of it he had told her that her brain had been performing the best results in all respects. He noted that he'd rarely got patients with such great health indicators. My client asked the doctor how rare that was. And he answered: "one client in two or three months." At that moment my client didn't know whether to be relieved, flattered or sad. But since then, when someone told her that anxiety was a certain sign of mental problems, or problems with the nervous system, or with a body in general, she answered that people who had anxiety usually had already got all the required medical examinations sufficiently, and gave them the advice to go through medical screening by themselves before saying something like that. Therefore, we see a paradoxical situation, when some experts point to a neurotic anxiety as if it is a kind of pathology, in other words - some result of a nervous system disorder. Other specialists in the same situation talk about cognitive impairments. And some, after all the examinations, are ready to send such patients into space Main text I don't agree with the statement that any neurotic anxiety that happens is excessive and unfounded. It often happens that there is objective, specific and real causes for appearance of anxiety conditions. And these causes require solutions. And it's not about some organic damages of the brain or nervous system. The precondition that may give a rise to anxiety disorder is the development of such a life story that at some stage becomes too toxic - when, on the one hand, a person interacts with the outside world in a way that destroys his or her personality, and, on the other hand, this person uses repression and accepts such situation as common and normal. Repression - is an essential condition for the development of a neurotic symptom. Sigmund Freud was the first who pointed this out. Repression is such a defense mechanism that helps people separate themselves from some unpleasant feelings of discomfort (pain) while having (external or internal) irritations. It is the situation when, despite the presence of irritations and painful feelings, a person, however, doesn't feel any of it and is not aware of them in his or her conscious mind. Repression creates the situation of so-called emotional anesthesia. As a result, a displacement takes place, so a body starts to signal about the existing toxic life situation via a symptom. Anxiety disorder is usually an appropriate response (symptom) of a healthy body to an unhealthy life situation, which is seen by a person as normal. And it's common when such a person is surrounded by others (close people), who tend to benefit from such situation, and so they actively maintain this state of affairs, whether it is conscious for them or not. At the beginning of a psychotherapy almost all clients insist that everything is good in their lives, even great, as it is like in everyone else's life. They say that they have only one problem, which is that goddamn symptom. So they focus all of their attention on that symptom. They are not interested in all the other aspects of their life, and they show their irritation when it comes to talking about it. People want to get rid of it, whatever it takes, but they often tend to keep their lives the way that it was. In such cases a psychotherapist is dealing with the resistance of clients, trying to turn their attention from a symptom to their everyday situation that includes their way of thinking, interactions with themselves and with others and with the external world in order to have the opportunity to see the real problem, to live it through, to rethink and to change the story of their lives. For better understanding about how it works I want to tell you three allegorical tales. The name of the first tale is "A frog in boiling water". There is one scientific anecdote and an assumption (however, it is noted that such experiments were held in 19 century), that if we put a frog in a pot with warm water and start to slowly heat the water, then this frog get used to the temperature rise and stays in a hot water, the frog doesn't fight the situation, slowly begins to lose its energy and at the last moment it couldn't find enough strength and energy to get out of that pot. But if we throw a frog abruptly in hot water - it jumps out very quickly. It is likely that a frog, that is seating in boiling water, will have some responses of the body (symptoms). For example, the temperature of its body will rise, the same as the color of it, etc., that is an absolutely normal body response to the existing situation. But let us keep fantasizing further. Imagine a cartoon where such a frog is the magical cartoon hero, that comes to some magical cartoon doctor, shows its skin, that has changed the color, to the doctor, and asks to change the situation by removing this unpleasant symptom. So the doctor prescribes some medication to return the natural green color of the frog's skin back. The frog gets back in its hot water. For some period of time this medication helps. But then, after a while, the frog's body gets over the situation, and the redness of the frog's skin gets back. And the magical cartoon doctor states that the resistance of the body to this medication has increased, and each time prescribes some more and more strong drugs. In this example with the frog it is perfectly clear that the true solution of the problem requires the reduction of the water temperature in that pot. We could propose that magical cartoon frog to think and try to realize that: 1) the water in that pot is hot, and that is the reason why the skin is red; 2) the frog got used to this situation and that is why it is so unnoticeably for this frog; 3) if the temperature of the water in the pot still stay so hot, without any temperature drop, then all the medication works only temporarily; 4) if we lower the temperature in that pot - the redness disappears on its own, automatically and without any medication. Also this cartoon frog, that will go after the doctor to some cartoon physiotherapist, will face the necessity to give itself some answers for such questions as: 1) What is going on? Who has put this frog in that pot? Who is raising the temperature progressively? Who needs it? And what is the purpose or benefit for this person in that? Who benefits? 2) Why did the frog get into the pot? What are the benefits in it for the frog? Or why did the frog agree to that? 3) What does the frog lose when it gets out of this pot? What are the consequences of it for the frog? What does the frog have to face? What are the possible difficulties on the way? Who would be against the changes? With whom the frog may confront? 4) Is the frog ready to take control over its own pot in its own hands and start to regulate the temperature of the water by itself, so to make this temperature comfortable for itself? Is this frog ready to influence by itself on its own living space, to take the responsibility for it to itself? The example "A frog in boiling water" is often used as a metaphorical portrayal of the inability of people to respond (or fight back) to significant changes that slowly happen in their lives. Also this tale shows that a body, while trying to adjust to unfavorable living conditions, will react with a symptom. And it is very important to understand this symptom. Symptom - is the response of a body, it's a way a body adjusts to some unfriendly environment. Symptom, on the one hand, informs about the existence of a problem, and from the other hand - tries to regulate this problem, at least in some way (like, to remove or reduce), at the level on which it can do it. The process is similar to those when, for example, in a body, while it suffers from some infectious disease, the temperature rises. Thus, on the one hand, the temperature informs about the existence of some infection. On the other hand, the temperature increase creates in a body the situation that is damaging for the infection. So, it would be good to think about in what way does an anxiety symptom help a body that is surrounded by some toxic life situation. And this is a good topic for another article. Here I want to emphasize that all the attempts to remove a symptom without a removal of a problem, without changing the everyday life story, may lead to strengthening of the symptom in the body. Even though the removal of a symptom without elimination of its cause has shown success, it only means that the situation was changed into the condition of asymptomatic existence of a problem. And it is, in its essence, a worse situation. For example, it can cause an occurrence of cancer. The tale "A frog in boiling water" is about the tendency of people to treat a symptom, instead of seeing their real problems, as its cause, and trying to solve it. People don't want to see their problems, but it doesn't mean that the problem doesn't exist. The problem does exist and it continues to destroy a person, unnoticeably for him or her. A person with panic disorder could show us anxiety that is out of control (fear, panic), which, by its essence, seems to exist without any logical reason. Meanwhile the body of such a person could be in such processes that are similar to those that occur in the conditions of some real dangers, when the instinct for self-preservation is triggered and an automatic response of a body to fight or flight implements for its full potential. We can see or feel signs of this response, for example, in cases when some person tries to avoid some real or imaginary danger via attempts to escape (the feeling of fear), or tries to handle the situation by some attempts to fight (the feeling of anger). As I mentioned before, many doctors believe that such fear is pathological, as there is no real reason for such intense anxiety. They may see the cause of the problem in worrisome temper, so they try to remove specifically anxiety rather than help such patients to understand specific reason of their anxiety, they use special psychotherapeutic methods that are designed to help clients to develop logical thinking, so it must help them to realize the groundlessness of their anxiety. In my point of view, such anxiety often has specific, real reasons, when this response of a body, fight or flight, is absolutely appropriate, but not excessive or pathological. Inadequacy, in fact, is in the unconsciousness, but not in the reactions of a body. For a better understanding of the role of anxiety in some toxic environment, that isn't realized, I want to tell you another allegorical tale called "The wolf and the hare". Let us imagine that two cages were brought together in one room. The wolf was inside one cage and the hare was in another. The cages were divided by some kind of curtain that makes it impossible for them to see each other. At this point a question arises whether the animals react to each other in some way in such a situation, or not? I think that yes, they will. Since there are a lot of other receptors that participate in the receiving and processing of the sensory information. As well as sight and hearing, we have of course a range of other senses. For example, animals have a strong sense of smell. It is well known that people, along with verbal methods of communicating information, like language and speaking, also have other means of transmitting information - non-verbal, such as tone of voice, intonation, look, gestures, body language, facial expressions etc., that gives us the opportunity to receive additional information from each other. The lie detector works by using this principle: due to detecting non-verbal signals, it distinguishes the level of the accuracy of information that is transmitted. It is assumed, that about 30% of information, that we receive from the environment, comes through words, vision, hearing, touches etc. This is the information that we are aware of in our consciousness, so we could consciously (logically) use it to be guided by. And approximately 70% of everyday information about the reality around us we receive non-verbally, and this information in the majority of cases could remain in us without any recognition. It is the situation when we've already known something, and we even have already started to respond to it via our body, but we still don't know logically and consciously that we know it. We can observe the responses of our own body without understanding what are the reasons for such responses. We can recognize this unconscious information through certain pictures, associations, dreams, or with the help of psychoanalysis. Psychoanalysis is a great tool that can help to recognize the information from the unconscious mind, so that it can be logically processed further on, in other words, a person then receives the opportunity to indicate the real problems and to make right decisions. But let us return to the tale where the hare and the wolf stay in one room and don't see each other, and, maybe, don't hear, though - feel. These feelings (in other words - non-verbal information that the hare receives) activate a certain response in the hare's body. And it reacts properly and adequately to the situation, for instance, the body starts to produce adrenaline and runs the response "fight or flight". So the hare starts to behave accordingly and we could see the following symptoms: the hare is running around his cage, fussing, having some tremor and an increased heart rate, etc. And now let us imagine this tale in some cartoon. The hare stays in its house, and the wolf wanders about this house. But the hare doesn't see the wolf. Though the body of the hare gives some appropriate responses. And then that cartoon hare goes to a cartoon doctor and asks that doctor to give it some pill from its tremor and the increased heart rate. And in general asks to treat in some way this incomprehensible, confusing, totally unreasonable severe anxiety. If we try to replace the situation from this fairy-tale to a life story, we could see that it fits well to the script of interdependent relationships, where there are a couple "a victim and an aggressor", and where such common for our traditional families' occurrences as a domestic family violence, psychological and physical abuse take place. Only in 2019 a law was passed that follows the European norms and gives a legislative definition of such concepts as psychological domestic abuse, sexual abuse, physical abuse, bullying, that criminalizes all of these occurrences, establishes the punishment and directly points to people that could be a potential abuser. Among them are: a husband towards his wife, parents towards their children, a wife towards her husband, a superior towards a subordinate, a teacher towards his or her students, children towards each other etc. When it comes to recognition of something as unacceptable, it seems more easy to put to that category such occurrences as physical and sexual abuse, as we could see here some obvious events. For example, beating or sexual harassment. Our society is ready to respond to these incidents in more or less adequate way, and to recognize them as a crime. But it is harder to deal with the recognition of psychological abuse as an offence. Psychological abuse in our families is common. Psychological abuse occurs through such situations, when one person, while using different psychological manipulations, such as violation of psychological borders, imposition of feeling of guilty or shame, etc., force another person to give up his or her needs and desires, and so in such a way make this person live another's life. Such actions have an extremely negative effect on the mental health of these people, just as much as physical abuse. It can destroy a person from the inside, ruin self-esteem and a feeling of self-worth, create the situation of absolute dependence such victim from an abuser, including financial dependence etc. It often happens that psychological abuse takes place against the backdrop of demonstrations of care and love. So you've got this story about the wolf and the hare, that are right next to each other, and the shield between two of them is a repression - a psychological defense mechanism, when a person turns a blind eye to such offences, that take place in his or her own life and towards him or her. And this person considers this as normal, doesn't realize, doesn't have a resource to realize, that it is a crime. Most importantly - doesn't feel anything, as a repression takes place. But a body responds in a right way - from a certain point of the existence of such a toxic situation the response "fight or flight" is launched in a body at full, in other words - the fear and anxiety with the associated symptoms. The third allegorical tale I called "Defective suit", which I read in the book of Clarissa Pinkola Estés with the name "Running With the Wolves". "Once one man came to a tailor and started to try on a suit. When he was standing in front of a mirror, he saw that the costume had uneven edges. - Don't worry, - said the tailor. - If you hold the short edge of the suit by your left hand - nobody notices it. But then the man saw that a lapel of a jacket folded up a little bit. - It's nothing. You only need to turn your head and to nail it by your chin. The customer obeyed, but when he put on trousers, he saw that they were pulling. - All right, so just hold your trousers like this by your right hand - and everything will be fine, - the tailor comforts him. The client agreed with him and took the suit. The next day he put on his new suit and went for a walk, while doing everything exactly in the way that the tailor told him to. He waddled in a park, while holding the lapel by his chin, and holding the short edge of the suit by his left hand, and holding his trousers by his right hand. Two old men, who were playing checkers, left the game and started to watch him. - Oh, God! - said one of them. - Look at that poor cripple. - Oh, yes - the limp - is a disaster. But I'm wondering, where did he get such a nice suit?" Clarissa wrote: "The commentary of the second old man reflects the common response of the society to a woman, who built a great reputation for herself, but turned into a cripple, while trying to save it. "Yes, she is a cripple, but look how great her life is and how lovely she looks." When the "skin" that we put on ourselves towards society is small, we become cripples, but try to hide it. While fading away, we try to waddle perky, so everyone could see that we are doing really well, everything is great, everything is fine". As for me, this tale is also about the process of forming a symptom in a situation when one person tries very hard to match to another one, whether it is a husband, a wife or parents. It's about a situation when such a person always tries to support the other one, while giving up his or her own needs and causing oneself harm in such a way by feeling a tension every day, that becomes an inner normality. And so this person doesn't give oneself a possibility to relax, to be herself (or himself), to be spontaneous, free. As a result, in this situation the person, who was supported, looks perfect from the outside, but those who tried to match, arises some visible defect, like a limp - a symptom. And so this person lives like a cripple, under everyday stress and tension, trying to handle it, while sacrificing herself (or himself) and trying to maintain this situation, so not to lose the general picture of a beautiful family and to avoid shame. The tailor, who made this defective suit and tells how to wear the suit properly, in order to keep things going as they are going, often is a mother who raised a problematic child and then tells another person how to deal with her child in the right way. It is the situation when a mother-in-law tells her daughter-in-law how to treat her son properly. In other words, how to support him, when to keep silent, to handle, how to fit in, so that her problematic son and this relationship in general looks perfect. Or vice versa, when a mother-in-law tells her son-in-law how to support her problematic daughter, how to fit in etc. When, for example, a woman acts like this in her marriage and with her husband, with these excessive efforts to fit in - then after a while everybody will talk like: "Look at this lovely man: he lives with his sick wife, and their family seems perfect!". But when such a woman becomes brave enough to relax and to just let the whole thing go, everybody will see that the relationship in her marriage isn't perfect, and it is the other one who has problems. Each time when someone tries excessively to match up to another one, while turning oneself in some kind of a cripple, - he or she, on the one hand, supports the comfort of that person, to whom he or she tries to match up, and on the other hand - such a situation always arises in that person such conditions as a continuous tension, anxiety, fear to act spontaneously. A symptom - is like a visible defect, that shows itself through the body (and may look like some kind of injury). It is the result of a hidden inner prison. As a result of evolution, a pain tells us about a problem that is needed to be solved. When we repress our pain we can't see our needs and our problems at full. And then a body starts to talk to us via a symptom. Psychotherapy aims for providing a movement from a symptom to a resumption of sensitivity to feelings, a resumption of the ability to feel your psychological pain, so you can realize your own toxic story. In this perspective another fairy-tale looks interesting to analyze - it is Andersen's fairytale "Princess and the Pea". In the tale a prince wanted to find a princess to marry. There was one requirement for women candidates, so the prince could select her among commoner - high level of sensitivity, as the real princess would feel a pea through the mountain of mattresses, and so she could have the ability to feel discomfort, to be in a good contact with her body, to tell about her discomfort without such feeling as shame and guilt, and to refuse that discomfort, so to have the readiness to solve her problems and to demand from others the respect for her needs. It is common for our culture that the expression "a princess on a pea" very often uses for a negative meaning. So people who are in good contact with their body and who can demand comfort for themselves are often called capricious. At the same time the heroes who are ready to suffer and to tolerate their pain, who are able to repress (stop to feel) their pain represents a good example to be followed in our society. So, we may see the next algorithm in cases of various anxiety disorders: the existence of some toxic situation that brings some danger to a person. And we need not to be confused: a danger exists not for a body, but for a personality. A toxic live situation as well as having a panic attack is not a threat for the health of a body (that is what medical examinations show), and vice versa - it's like every day intensive sport training, that could be good for your health only to some degree. A toxic situation destroys a person as a personality, who longs for one self's expression; the existence of such a defense mechanism as repression - it's a life with closed eyes, in pink glasses, when there is inability (or the absence of the desire) to see its own toxic story; 3.the presence of a symptom - a healthy response of a body "fight or flight" to some toxic situation; displacement - it's replacement of the attention from the situation to a symptom, when a person starts to see and search for the problem in some other place, not where it really is. A symptom takes as some spare, pathological reaction that we need to get rid of. The readiness to fight the symptom arises, and that is the goal of such methods of therapy as pharmacological therapy, CBT and many others; the absence of adequate actions that are directed towards the change of a toxic situation itself. The absence of the readiness to show aggression when it comes to protect its space. All of it is a mechanism of formation of primary anxiety and preparation for launch of secondary anxiety. A complete anxiety disorder is the interaction between a primary and a secondary anxiety.

The Mercury February, 1902 R. ST. Cl.AIK POFFENBARGER. J. F. NEWMAN. MISS ANNIE M. SWARTZ. CURTIS E. COOK. E. C. RUBY. A. B. RICHARD. THE GETTYSBURG MERCURY The Literary Journal of Pennsylvania College Entered at the Postoffice at Gettysburg as second-class matter VOL. X GETTYSBURG, PA., FEBRUARY, 1902 No. 8 TABLE OF CONTENTS My Heart, Be Not Dismayed 241 Significance of the Insignificant 242 Hasty Judgments 248 His Two Girls 249 Wit That Wounds and Wit That Cheers 250 The Most Interesting Man That I Have Known 252 Editorials 257 The Record of a Notable Year 259 Causes of the Decline of Poetry 260 The Crowning Event 262 Money 265 The Gains and Losses from a Territorial Division of Labor 270 Exchanges 273 Book Reviews 275 MY HEART, BE NOT DISMAYED [TRANSLATION FROM HEINE] E. C. R., '02. Oh my heart, do not be in dismay, But bear thou thy destiny. New Spring will give back to thee, What the Winter has taken away. How much unto thee is remaining! How pretty the world, indeed! My heart, in love may'st thou feed, On all that to thee may be pleasing. ■ The tongue is prone to lose the way, Not so the pen, for in a letter We have not better things to say, But surely say them better. —EMBRSON. 242 THE GETTYSBURG MERCURY i SIGNIFICANCE OF THE INSIGNIFICANT HERBERT FINCH, '98. " T F anyone should write the history of decisive loves that have * materially influenced the world in all its subsequent stages it would be an astonishing history." This is the observation of Sir Robert Palgrave in his "History of Normandy and England." The thought is striking. Because it calls attention to those little happenings, which we have all seen, yet have never taken the time to trace out in their true bearing. The significance of the insignificant. It is the operation of the principle, not a particular example, or instance of its operation to which we would call attention. A principle operating not only in the "amiable feelings" but every1 where and at all times. The play of what seems to be mere chance in the physical world, as well as in that more subtle sphere, the sphere of life and conduct. It is a common observation that the precise forms which mat-ter takes is determined by the accidents of location, environment, and the multitude of its disturbances; likewise that the most care-fully arranged plans of conscious conduct are defeated in the ex-ecution by the unforseen and unexpected contingency which shapes things to its own ends, not to our plans. This is the truth that gives the "little falls of fate," as we call them, a new setting, and brings out their real significance. A significance which is simply startling. We need not fancy that this is the first time in the ages that the gleams of this open fact have beeu seen under the dust and tangle of affairs. If you so fancy, take up your Roman and Greek mythologies, the Iliad, the Odyssey, and the Aeneid, and read again. The votive horse to Minerva—a ruse of a wily Greek—was the fertile source of calamities and adventures enough to form the subject of the tragedies and epics of Greek and Roman literature. And I doubt not is the inspiration of three-fourths of the imaginative literature since. That strategy of Sinon, fatally believed, ended a siege of ten years, and ac-complished what arms, bloodshed and the heroism of demigods could not. That deception succeeded where the wisdom of Nestor failed, and his maturest plans were mocked by a skillful lie. All this is the thrilling development of a contest for the I THE GETTYSBURG MERCURY 243 prize of beauty, so insignificant in itself and so foolish. Yet it set Aeneas on his wanderings ; it founded the Roman State; and to that State the world owes most of that which is of value in religion, politics, law, art, and literature. It was only a pebble thrown in the water by a careless hand, but that pebble is the beginning of circles of influence, gliding quickly the one after the other, and spreading till the face of the vast sea is transformed by the turmoil. The shifting fortunes of war and peace, the rise and fall of nations, and the uncertainty of individual achievement were facts with which these men saw that they had to deal, and life became the more intensely interesting to them thereby. Our science is not so ingenious as that of the Greek's. We are not always ready to give as definite a reason for each thing that happens, as they. The storm that rages and dashes the boats against the rocks is not necessarily the divine wrath wreak-ing vengeance for some act of impiety or neglect. Cassandra's wisdom of foresight and prophecy may be the innate quality of a naturally gifted mind, and not the gifts of a divine lover. He who goes through the battle unhurt may never have heard of the invulnerable mail of Vulcan. We do not expect to find some personalty or agency so imme-diately behind every act. It belongs to the child age to imper-sonate the forces and materials about them. Yet, who will deny that there is a great truth at the heart of this childlike simplicity? "Alice and little Dot are sisters, and very fond of each other. So' when Alice went away over the great sea, Dot was very sad and restless and went about, looking in all the corners as if she could find Alice in them. At last she came and said, 'Is Alice gone over the great deep sea ?' Yes, she has gone over the great, deep sea, but she will comeback again some day. Some water poured out in a basin was standing on a chair nearby. Dot ran to it, and got up on a chair, and dashed her hands through the water again and again ; and cried, 'Oh, deep, deep sea ! send little Allie back to me.' " There's a dear little heathen for you. The whole heart of Greek mythology is in that prayer. And how natural and beautiful it all seems. Yes, before the modern nations of Europe and America were born, the paradox of the vast influence of little things was ap-" parent to the ancient peoples. And the fact of the matter is, we ■ I ■ -'■ I I ■ 244 THE GETTYSBURG MERCURY cannot escape seeing this paradox if we will but open our eyes to what is every moment going on about us. The little crystal of snow embodies the laws and forces of the universe to the mind that can see it. The filthy mud under his feet has wonderful possibilities in it to the mind of the seer. "When left to itself this mass of mind will cease its anarchy and competition, and will be mud no longer. The clay in it will whiten and crystalize and harden into a beautiful gem, to gather and concentrate the azure blue of the sun's rays, and you call it a sapphire. The sand will gather in rows, wash off its soot, and look real nice and clean. Then if you will just leave it to itself for a little while, it will crystalize into that beautiful drop of the aurora, called opal. The soot under the same law of co-operation loses its blackness, and obtains in exchange the power of reflect-ing all the rays of the sun at once in the most vivid rays any solid can shoot. This we call a diamond. And what is left of the mud ? A drop of water. If you wish it will become a dew-drop, glistening like orient pearl on your favorite flower. Yet, if you insist it will crystalize into a star." And for the ounce of slime—by a single accident—the accident of rest, we have a sap-phire, an opal, and a diamond set in the midst of a star of snow. The mud in the foot-path will always be mud. Why? Be-cause it was placed in a bad environment. An environment in which there is an eternal broil among the members. By a differ-ent chance and a nobler fate, the sand, the clay, the soot, andthe water, in rest and co-operation, reach their true destiny in the opal, the sapphire, the diamond, and the crystal of snow. But the importance of this truth, which we shall call the "significance of the insignificant" is of far greater moment and in-terest in the influence on life, character and conduct; and es-pecially the direction given by it to the great movements of life, which we call history. A great historian begins a chapter on a famous battle by say-ing, "Arietta's pretty feet twinkling in the brook made her the mother of William the Conqueror. Had she not thus fascinated Duke Robert of Normandy, Harold would not have fallen at Hastings. No Anglo-Norman Dynasty could have arisen, no British Empire;" and we may bring it still nearer to our own hearts and say, no English speaking America. What is brought out in this statement? Only the play of ac- THE GETTYSBURG MERCURY 245 cident, the effects of which we saw in the mud and the gems. But the idea has gained a new significance, because its objects are no longer stones, but men and women. To state that the quality of blood which flows in the veins of the great English peoples, was determined by the chance view of a peasant girl's pretty feet, dangling from the bank of a brook, or "twinkling in the water," looks like an impious burlesque of serious history. A play of the imagination for effect only. A dramatic situation to set events in a bolder relief. It is none of these, but the statement of a great and eternal truth. "There is no great and no small To the Soul that maketh all." 14fe, with all that word means, is changed by just such chance occurrences. Eed off in a new direction, reaching a different goal, changed eternally by an act, which, at the time, was a mat-ter of indifference. Life is comparable to a busy highway, with opeu doors all along its course. Entering one of these doors quite accidentally one day—only for rest and refreshment—an idea, a purpose, sprang to your mind ; that purpose did not rest till it became an act; the act has long since become a habit ; that habit is a part of your character. You will pardon the digression if I ask the nature of that habit; whether it sets in your character like a beautiful jewel. Is it a jewel beautiful and priceless, of which you are proud ? Does it blend in color and symmetry with the other gems into something exquisitely lovely and precious ? Or is it a coal needing only the torch to destroy it and the others as well? Oh, the power for weal or woe in the little things of life ; in the indifferent thought, word and deed. And what is the testimony of History ? What does its per-spective show to be the turning point in great national and world crises? Some trifling circumstance, the miscarriage of a message, the choice of the wrong path ! These are the small hinges on which turn the immense doors that open into destiny. When the racial domination of Europe and America was the issue of a contest between Carthage and Rome ; and the question of oriental superstition and sloth, or Christian hope and industry was being decided in that questionable balance-war ; it is awful to trace the fortune of a single mission on which hung the decision of the momentous contest. ■■ w 246 THE GETTYSBURG MERCURY Hannibal, the prince of generals has carried his arms from the deserts of Africa, over the steep and frozen Alps into the very-heart of Italy. He has not only maintained them there on his own resources, but has won a series of magnificent victories : the battles of Trebia, Thrasymene and Cannae. Rome is reduced to extreme exhaustion and desperation. The flower of her sons has fallen in battle, her treasure is spent, her fields are unsown, her commerce is destroyed. And with all this sacrifice, nothing has been accomplished against her born enemy, the eldest of the "lion's brood." Can you imagine her dismay then, and the terrible realness of the danger, when Hasdrubal, the second of the "lion's brood," a general scarcely inferior to his great brother, appears in Italy with an army of veteran soldiers, trained in the wars of Spain ? The brothers are now within two hundred miles of each other. Should they succeed in forming a juncture of their forces, a terri-ble fate awaits Rome. The necessity of acting in concert with the other Carthaginian army, in the South, is evident. Hasdrubal therefore sends a message to Hannibal, announcing his line of march, and the place where they would unite their armies, to wheel round on Rome. The message traveled in safety the greater part of the distance to Hannibal's camp ; but when near the goal, fell into the hands of a detachment of Roman soldiers, and Hasdrubal's letter, detail-ing the plans of the campaign, was laid, not in his brother's hands, but in the hands of the enemy. The victory so nearly won! a hairsbreadth ! Three thousand miles traveled in safety, only one more to go, then to fall in the hands of the enemy ! Through the failure of a messenger boy to deliver his message, the plans, the toils, the travels of years dashed to the ground ! It is tremendous. Yet, when we look down the vista of the years from our van-tage ground, and see the beneficence of the accident, we marvel not at Hannibal's defeat, but that such beneficence should ap-parently be left to the hazard of a messenger to accomplish its mission. We marvel that so small a thing as a letter discovered on the person of a spy, should be the means for wresting the dominion of the Western World from the Phoenician, and of giv-ing it to one "better fitted to receive and consolidate the civiliza-tion of Greece ; by its laws and institutions to bind together bar- MPHW|Ni«TOWJA**rr THE GETTYSBURG MERCURY 247 barians of every race and language into an organized Empire ; and to prepare them, when that Empire is dissolved, to become the free members of the commonwealth of Christian Europe and America." No less striking is the turn of events, when all Europe was convulsed by the ambitions of the modern Hannibal, when institutions and governments were crushed under the colossal stride of him who aspired to the throne of all Europe, and came dangerously near achieving his aspiration. When neither arms nor bloodshed, coalitions, nor council, nor even his island fastness, could tame the restless spirit of Napoleon. The lying words of a peasant boy to a French General, "Go this way and not that," decided Waterloo and Napoleon's fate. The fall of Napoleon, but the liberation of Europe, is in that sentence of the peasant lad. Grouchy was expected and Bliicher came up. Destiny has its turn in the road. A rustic lad is the mouthpiece, or sign-board, if you choose. "The throne of the universe was looked for and St. Helena's islet-prison loomed up !" These are a few instances in which we see the significance of little things, the insignificant, and the way they become the hinges on which the great changes in nature, individual destiny, and the world movements are made to turn. And when we think what these contingencies entail—injury of body and dis-tempers of mind, their influence on charac ter and destiny, the way they make for war and peace—weak and helpless in the face of these uncertainties, we cry in the words of Tennyson : " Are God and Nature then at strife, That Nature lends such evil dreams ? So careful of the type she seems, So careless of the single life ; " That I, considering everywhere Her secret meaning in her deeds, And finding that of fifty seeds She often brings but one to bear, " I falter where I firmly trod, And falling with my weight of cares Upon the great world's altar-stairs That slope through darkness up to God, " I stretch lame hands of faith, and grope, And gather dust and chaff, and call To what I feel is Lord of all, And faintly trustithe larger hope. " 248 THE GETTYSBURG MERCURY MASTY JUDGMENTS M. R. HAMPSHER, '04. TVTEBSTER defines a judgment as an act of the mind in com- w paring ideas or examining facts to ascertain the truth. We easily perceive that there can be different methods by which the mind ascertains the truth : by a careful study of the facts, or by a superficial view of them. We also know that a hasty decision is sometimes made necessary by the attendant circumstances ; for instance, in the case of a man in imminent danger of death. But, since hasty judgments are formed on the spur of the moment and without due deliberation, they are usually inaccurate or incorrect and are productive of more harm than good. The evil^effect of hasty judgments may be considered in three aspects : social, in-tellectual and moral. It seems somewhat irrational to make the statement that hasty judgments are an evil in society. Yet they have created discord and confusion in social life. They have been the means of sep-arating good friends; for many times have persons made state-ments concerning the character of their friends which they would not have made after some reflection, and friends have often fallen into controversy over a matter which careful consideration could settle immediately. How careful, then, one should be in express-ing his judgment, in order that he may not cut asunder the bond of friendship ! Again, the hasty distribution of justice is often the cause of discord in government. A rash judgment of a law court creates confusion and establishes unlawful precedents ; and, therefore, national and international relations should be the object of care-fully weighed judgments. All treaties, agreements, etc., should be examined in every detail ; for a single mistake often plunges both nations into a dispute more bitter than before. It is very important then, to take time to consider the question under dis-cussion, before one expresses his judgment of it. The Schley Court of Inquiry furnishes us a good illustration of this statement. Review its proceedings, its investigation of de-tails, one by one, and contemplate the effect, if the inquiry had been conducted in any other way. The intellectual phase of this evil presents itself in the injury to the mind of the man who indulges in it. He becomes careless THE GETTYSBURG MERCURY 249 in his habits of thinking; his reasoning power is weakened and his will is under the influence of other men. He gradually grows narrow-minded, and the amount of knowledge he receives is ma-terially lessened. His whole intellectual growth is retarded much more than if he had formed the habit of investigating things and finding their true meaning. If in no other way, however, hasty judgments are morally wrong, both towards God and man. Ever since the great teacher gave the command "Judge not, lest ye be judged," this truth has been evident. We wrong our fellowmau by misjudging the intention of his deeds. Almost all the slanders and gossip that help to injure a man's reputation arise from hasty judgments of his actions. All past history teaches us that such judgment is a moral injury to our neighbor. But we wrong our God, also, when we do not investigate his teachings, and when we pass hasty judgments on certain doctrines and beliefs. Infidelity, the greatest foe to Christianity, wins the most of its adherents through their own hasty and impulsive judgment. The evil of hasty decisions, therefore, is very great, socially, intellectually, and morally. And we should exert our utmost efforts to overcome the habit in ourselves, and to form the habit of expressing our opinion only after a long and careful judgment. HIS TWO GIRLS THE GIRI, HE WANTED. She must be fair as summer skies, With cheeks of crimson gloam, And the light that lies in her starry eyes, Outshine the twinkling- dome. Her lips like roseate bowers must coat The pearly gates of song, And the notes that float from her liquid throat, Must match an angel's tongue. Her locks like silken mist must fall Adown their Albion steep, Her dainty ears smile out through all, Like atolls of the deep. i She must be crowned with fortune's gold, Lead on the social row, Her graces must the blending hold, Of heaven's ethereal bow. I I■ I i 250 THE GETTYSBURG MERCURY Her heart, whene'er it leaves its cage To wing- love's fragrant air, Must find in mine its foliage, And nestling, warble there. THE GIRL HE GOT. She is deaf as Egypt's mummied kings, And blind as tawny owls, No song her dry tongue ever sings, No smiles erase her scowls. Her nose stands out, a parrot beak, Her ears they are no pair, Her toothless mouth is sadly weak, And fiery is her hair. Of gold she has no single grain, Of sense no fool's estate. No power has she o'er hearts to reign, Can neither love nor hate. You wonder how it happened thus, 111 fortune's quick decline, I'll tell you friends, the damsel was A comic valentine. —J. B. BAKER. WIT THAT WOUNDS AND WIT THAT CHEERS MAY T. GARLACH, '04. '"PRUE wit, that subtle "flavor of the mind," is just what man *■ needs to bring him out of himself, and add the zest and spice and relish to the life that is apt to be dull and prosy, if taken too seriously. It is, indeed, "the salt" that makes life palatable and keeps it from being stale, flat and unsatisfying. Wit is just the ingredient needed to give the proper seasoning of mirth, cheerfulness and lightness to a life that would otherwise be heavy and sad. But, like every other good thing, wit can be and often is, abused. It is too often used as a lash to wound and hurt and torture. Its cruel scorn and withering contempt are blighting in their effects, and its underlying impulse of hatred and malice makes it doubly disagreeable and hurtful. In this capacity wit is a dangerous weapon. Sydney Smith says: "When wit is combined with sense and information, when softened by benevolence and restrained by THE GETTYSBURG MERCURY 251 principle ; when it is in the hands of a man who can use it and despise it, who can be witty and something more than witty, who loves justice, good nature, morality and religion ten thousand times more that wit—wit is then a beautiful and de-lightful part of our nature. Genuine and innocent wit like this is surely the flavor of the mind." And herein lies the secret of true wit. The keen delicate thought that is quick to detect the hidden or absurd connections between remote ideas; the wit that shows the old idea in a new and entirely different light, that creates only pleasant surprise and goodnatured laughter, is truly the wit that charms and cheers. The gentle humor, which is without hostility to anything or anybody, stimulates and amuses by its sprightly life and spicy repartee. Its brightness in making old thoughts new, its keen-ness in criticising without giving offence, its sparkle and flash in illuminating and making sunshine, all minister to man's innate love of fun and laughter and happiness. The irresistible humor that can point out the imperfections and peculiarities of men and at the same time appeal to their sense of the ludicrous, is indeed a boon to over-sensitive mankind. We have examples of this delightful wit in Shakespeare, Dickens, Irving, Lowell and Holmes. Of these each wrote in his own peculiar style, sometimes criticising with sharp sarcasm the follies and frailties of mankind; sometimes delightfully humorous, simply witty in a good-natured way. Their apt power of attributing to their fictitious characters such faults and im-perfections as the reader recognizes to be his own, and their sharp yet ludicrous criticism of these same failings, has a tendency toward good, for while men laugh and are amused, they will yet try to remedy the weaknesses thus pointed out, and which they feel to be their own. On the other hand stands the wit that wounds. Here sarcasm and ridicule hold full sway, and are adepts in the art of wound-ing, while irony stalks, sometimes unattended, sometimes hand in hand with these, its co-workers of pain. Malicious, biting sarcasm puts the knife into its victims heart and twists it, and laughs with fiendish glee. Cruel, relentless ridicule uses the lash of derision, and flays its subject in full sight of the heartless, mocking crowd. Irony, with veiled hatred, hurls its "boome-rang which goes in a different direction from that which it is I 252 THE GETTYSBURG MERCURY thrown, and does not strike the one at whom it is seemingly aimed." Truly, in all the world, there are no surer implements for wounding than these three qualities of wit. There is, however, just one field in which their cruelty may serve to good purpose, and that is where they attack the pre-teutions and follies and faults of maukind in general. Here their stinging, biting humor may rouse men to a sense of their weakness, and stimulate them to better action. Considered in its best sense wit is invaluable, since it not only tends toward reforming the manners and customs of the times, and correcting the faults of mankind; but also, by its brightness, sharpness and sparkle brings man out of his prosy self and gives him room for laughter, which, although it is "considered a weakness in the composition of human nature, still it breaks the gloom that is apt to damp the spirits of man, by gleams of mirth, and therefore he should take care not to grow too old for laugh-ter." " Laugh, and the world laughs with you, Weep, and you weep alone. This sad old earth must borrow its mirth, It has trouble enough of its own. " *$&> THE MOST INTERESTING MAN THAT I HAVE KNOWN F. L., '04. '"THREE miles southeast of the town ofW , along the line of ■*■ the H. & B. railroad, a high ridge rises almost precipi-tously from the flood plain of the little Antietam. This ridge, higher than any part of the surrounding country, extends in an unbroken line for mile after mile in a southern direction. Twenty feet above the level of the stream, at the end where the ridge takes its abrupt rise, yawns a black cavern almost large enough for a man to enter without stooping. A short distance within, this passage opens into a large room twenty feet high and forty in width. This subterranean passage, like the ridge in which it lies, extends for mile after mile and has never been explored to the end. Almost directly in front of the mouth of this cave, and on a lower plane, stands (or rather stood, for lam now writing what a boy often years heard and saw) a neat cottage built of limestone. Well do I remember the ivy clinging to its walls, its neatly kept THE GETTYSBURG MERCURY 2S3 little lawn with boxwood-bordered walks, and farther on the gar-den where flourished the grandma wonders of the olden time. At the rear of the house was the orchard in a beautifully level, green meadow extending back to the creek and away from the foot of the ridge to a point where a railroad bridge spans the creek. Follow this creek two hundred yards in a northeastern direc-tion, look across a narrow meadow and you see a large farm house, likewise of stone. Here for two brief years, happy, happy days all of them, they now seem, lived my younger brother and I, the privileged sons of an industrious farmer. Those days, with their marvelous experiences, their soul thrills, I shall never for-get. We were at an age when our young souls were just open-ing to nature's wonders, when stories of adventure had a won-drous charm, when from the few books we had read life was ap-pearing superbly grand and beautiful, when imaginations were most active, and when in the overpowering feeling of some moments we tried to blend into one comprehensive whole all we knew of the past, the marvelous wonders of the present, and the vaguely comprehended aspirations for the future, and in such times how the soul did pant and leap and swell till we were more than earth or sky or sea. We had read Scottish Chiefs, Pilgrim's Progress, Robinson Crusoe, and a Child's History of the United States, full of Indian stories. The sorrows, the struggles, the sufferings, the triumphs of the chief characters of these books were made our own, and any strange phase of nature would present one or another to us. How unbearable was the steady, persistent croak, croak of the frogs down by the big spring pool on an April evening, or the chirp, chirp of those nameless crea-tures in the thicket beyond ! Why was it that those sounds so rasped on my soul and filled me with such shuddering ? One summer evening our mother strolled with us along the bank of that ever murmuring Antietam. I dipped my bare feet in the water, a little duck swam by alone, and all at once I was afraid and urged an immediate return across the meadow to the house. What was it that made me afraid, and why do I remember that? And I remember how the moonlight used to come down on the fog along the creek between our house and the high ridge oppo-site. What that put into my soul I cannot describe nor will I ever forget. And so the nights were strange, weird, mysterious,something 1 254 THE GETTYSBURG MERCURY of another world. But the days how different, how rich, how full! That shallow stream was our Mississippi, that bit of thicket the endless forest, the timid rabbit, the fleet deer. With bows and arrows of our own handicraft we hunted him, or climbed the hills and stormed the fortresses of Scotland. Following down that bit of forest we met with all the adventures of Crusoe on his island, or skirmished with Indians hidden behind trees and stumps. Our wanderings in this direction brought us to the rail-road, and beyond we saw the stone cottage. But little we knew of it yet. In May, 1889, came the memorable Johnstown flood. Our little stream was swollen beyond its banks, and all night long it surged, and groaned, and roared down by the bridge. When the waters subsided, it was found that the bridge had been weakened and a new one was ordered built in itsstead. The workmen came, and many an afternoon we watched them digging out for the foundation, and swinging the ponderous stones in place. But more than this we saw. Below the bridge, the flood had cut away the left bank of the stream, and the water had overflowed the orchard meadow, carrying away the top soil and leaving the surface covered with sandstones. Here we saw an old man at work day after day, carrying the stones from his meadow and with them building a high new bank for the creek. We gradually made his acquaintance, and, children-like, gave proof of our de-sire to be friends by helping him in his work. The physical appearance of the man had caught our eyes at the very first. Still tall and broad-shouldered, though now some-what stooped, he gave evidence of having been a powerful man in his day. He was quite active for his age, being then as he told us in his ninety-first year. He had personal recollections of three wars, being a boy in 1812, and having served as a private in the Mexican war and as a corporal in the Civil war. This was enough to make him a hero in our sight. So we visited him from day to day. He took us with him to the cottage sometimes, and we learned that its only other inmate was a spinster daughter, who seemed nearly as old as himself. Sometimes we sat with him in the shade, back of the house by the little spring, whose waters we drank from a cocoanut shell. At such times what conversations we had ! For us he was an oracle. What questions we asked him about his life and experi- THE GETTYSBURG MERCURY 255 ences, about this spring, that stream, that hill, about the Indians who once drank where we did then, about the thousand other things which the imaginations of boys of that age will suggest! He answered us with all patience. In fact he seemed to enjoy our prattle. For us life lay beyond with all its sunshine and promise. It was an ideal world and we longed for a fuller knowl-edge of it. For him life was a thing of the past. He had with-drawn from the interests and conflicts of the world. So neither he nor we were in the great whirl of life, and though we were at its opposite barriers, still we felt that we stood on common ground. He certainly felt this, or why would he have chatted with us so long and so pleasantly ? The memories of his own life were streaming down to him across the years, some sad, some happy, and so he strove to have us know what was good and noble and brave in life. In our simple way, he made us feel the great basal principles of manliness. The man, the time, the circumstances were so blended that those lessons can never pass from my memory. Once or twice we climbed the hill together to the great dark cave. On a smooth stone at its entrance were cut the names with dates of its earliest visitors. One I remember was 1775. That carried us back to the Revolution when, as we thought, all men were good and brave. The Indian legends counected with the cave had come down through the earliest settlers in that com-munity to our old friend as a boy, and now he related them to us. How we wondered at their strangeness ! How our hearts leaped as he told of the brave deeds of war performed there by the forest children. How we listened with bated breath as he told us how the pale faces had been tortured in this place. But he did not frighten us. He tempered the stories to our years, and made us rejoice in the better times in which we lived. Still, I remember, how we stood one quiet afternoon in October at the mouth of that cave. We looked down at the trees scattered along the stream and in the bit of woods yonder. The sun, just one hour high, was touching their drapery into gold, and flashing from the rip-ples in the creek. Then all my soul welled up in me. Life was offering such grand possibilities, and I was longing for the time to take advantage of its opportunities. And turning to the old man, whose face was turned pensively toward the sinking sun, I felt that somehow he was causing these impulses in me. 256 THE GETTYSBURG MERCURY One evening in November we went with our father to spend an hour with this friend by his fireside. It was one of those stormy, blustering days heralding the advent of winter, and this evening a wood fire blazed on the hearth as the custom was in that house. He and father talked on various subjects for a time. The fire gradually died down, suffusing a soft mild light through the room. His interest began to flag in matters of neighborhood concern, his face took on a more sweetly pensive expression, and he looked at brother and me sitting at his feet in a manner that was all tenderness. Then he told us of other happenings spent around that hearth in the long ago, and, for the first time, of the two little boys long since lost, whose places we seemed to be filling that night, and of the mother whose headstone we hadseen in the burying ground on the next farm. Finally he ceased, the fire burned lower still, but no one dared speak, for we felt that the place was sacred with the presence of the long-departed. At length we rose to go, and "goodnight" was said in a reverent hush. As we crossed the meadow path, what thoughts came into my mind ! How strange life seemed ! What is death ? Why do some live so long, and others die so early ? These are scattered reminiscences of a man intensely interest-ing to me then, and one whom I shall never forget. What makes him so interesting and so long remembered ? I cannottell unless it be because he came into my life at such an impressionable time, bringing the very things which keen perceptions and an active imagination were ready to lay hold of. \ DVICE is a good thing, but it will always be something of a **■ nuisance until the givers of it accept responsibility for the bad as readily as they take credit for the good. —Saturday Evening Post. Christian faith is a grand cathedral, with divinely pictured windows. Standing without you see no glory, nor can possibly imagine any; standing within, every ray of light reveals a harmony of unspeakable splendors. —Ha-wthorne, THE GETTYSBURG MERCURY Entered at the PosioJJlce at Gettysburg as second-class matter Voi,. X GETTYSBURG, PA., FEBRUARY, 1902 No. 8 E. C. RUBY, '02, Editor-in- Chief R. ST. CUAIR POFFENBARGER,' 02, Business Manager J. F. NEWMAN, '02, Exchange Editor Advisory Board TROF. J. A. HIMES, A. M., LIT. D. PROF. G. D. STAHLEY, M. D. PROF. J. W. RICHARD, D. D. Assistant Business Manager CURTIS E. COOK, '03 Assistant Editors Miss ANNIE M. SWARTZ, '02 A. B. RICHARD, '02 Published each month, from October to June inclusive, by the joint literary societies of Pennsylvania (Gettysburg) College. Subscription price. One Dollar a year in advance; single copies Fifteen Cents. Notice to discontinue sending- the MERCURY to any address must be accompanied by all arrearages. Students, Professors, and Alumni are cordially invited to contribute. All subscriptions and business matter should be addressed to the Business Manager. Articles for publication should be addressed to the Editor. Address THE GETTYSBURG MERCURY, GETTYSBURG, PA. EDITORIALS "VVTITH this issue of the Mercury we complete its tenth volume " and shift the duties and responsibilities belonging to the publishing and editing of the same upon the shoulders of our successors. We would bespeak for them a successful year. The journal is in excellent condition financially, and, as far as we were able, we tried to maintain its literary position. There is plenty of room for improvement and no doubt we shall see some of this improvement before another year shall have passed by. Among the first of these improvements which we are sure the editorial staff will heartily favor ought to be a greater liberality on the part of the student body in furnishing material for the journal. This step could not help but encourage the staff iu making other improvements. That this suggestion may not be in vain is the wish of the retiring staff. "Heaven helps those who help themselves," is an old proverb, truer than most proverbs are. No race, no nation, no tribe has ever been civilized by the mere outside application of ■ I■ ■ Im 258 THE GETTYSBURG MERCURY the forms of civilized life. No amount of philanthropy has done more than make a miserable loafer of the American Indian, who seems less capable than most other races of taking into his soul the minor virtues of Christian culture. And so no man has ever risen to eminence except by his own efforts, while too many have fallen short of greatness, or of what is better, usefulness, merely by the superabundance of means at their command. " The right man in the right place" is not such an accident as most good-natured people suppose, but the legitimate result of perseverance, energy of purpose, patience, courage, and self-control, applied in the proper direction, or, indeed, in any direction, one might say; for the man who has these qualities is pretty sure to work himself out of the woods somewhere. It is not the man who cries lustily to Hercules that gets out of the mire, but he who puts his shoulder to the wheel and does not fear to soil his Sunday clothes—in fact, perhaps, has no Sunday clothes. RESOLUTIONS BY PHILO SOCIETY. "Death touched him and he slept." The merciful angel of death has taken from Philo society a much esteemed member, Paul Cover ; therefore be it Resolved, That, as in him we have lost a most faithful member, our devotion to the society may be strengthened by his example. That we emulate his modest disposition and gentlemanly character. That we as a society express our appreciation of his life and services by extending to the bereaved family our sincere sym-pathy. That a copy of these resolutions be recorded on the minutes of the society and published in the college and town papers. HAROLD S. L,EWARS, FRANK LAYMAN, WILBUR H. FLECK, Committee. RESOLUTIONS OF RESPECT BY THE CLASS. WHEREAS, It has pleased Almighty God in his infinite wis-dom to call from our midst to his home on high, Paul Homer THE GETTYSBURG MERCURY 259 Cover, whom we have always regarded with the utmost esteem as a classmate and student. Therefore, at a meeting of the class of '05, Pennsylvania Col-lege, January 7, 1902, be it unanimously Resolved, That by the will of God one of the most worthy members of our class has been removed, whom we always knew as being upright and noble in character, faithful in his studies and Christian duties, whose pleasant disposition gained for him many friends during his short career at college ; and also Resolved, Although our class has been saddened by the un-timely death of a fellow-student at the beginning of our college course, we humbly submit to the will of God, believing that he in his mysterious ways doth all things well ; be it further Resolved, That we extend our heartfelt sympathies to the af-flicted family, and that we implore God's blessing upon them in their dark hour of trouble, and also Resolved, That a copy of these resolutions be sent to the sor-rowing family, and to the college journals and town papers. CHARLES W. HEATHCOTE, HARRY R. RICE, BENDER Z. CASHMAN, Committee. THE RECORD OF A NOTABLE YEAR TNTJRING the year just closed the two greatest nations of the *~* world changed rulers. Queen Victoria died at 6:30 P. M., January 22, and the Prince of Wales became king, with the title of Edward VII. On the sixth of September Leon Czolgosz twice shot President William McKinley, and the victim lingered until 2:15 o'clock, Saturday morning, September 14. The afternoon of the same day Vice-President Theodore Roosevelt took the oath of office. The Ameer of Afghanistan died on October 3, and five other deaths notable in the politics of the world were those of Ex- President Benjamin Harrison on March 13 ; Hoshi Toru, Japa-nese statesman, assassinated June 21 ; Prince von Hohenlohe, who died on July 6 ; Signor Crispi on August 11, and L,i Hung Chang on November 6. The war in South Africa dragged along at an expense to the British of millions a week. So far the cost is about a billion dol- I I 260 THE GETTYSBURG MERCURY lars, and the English losses in men have been about 20,000. In the Philippines Aguinaldo was captured by the brilliant Funston, and the effort was made to inaugurate civil government in the islands, but the pacification is by no means complete, and the year ended with fears of a general uprising, and with a message from General Chaffee that he would need all his 60,000 soldiers for twelve months or more to come. Matters improved in Cuba, and a President will be elected on the twenty-fourth of February next. The Powers withdrew from China and the Court began its return to Peking. In our national affairs important progress was made. The re-apportionment based on the census of 1900 increased the mem-bership of the House of Representatives to 386. The army can-teen was abolished. The centennial anniversary of the elevation of John Marshall to the head of the Supreme Court was celebrated. The count of the electoral votes gave McKinley and Roosevelt 292 each, Bryan and Stevenson 155 each. The most important de-cision of the Supreme Court concerned our relations with our new possessions. By narrow majorities it was held that the Constitu-tion follows the flag, subject to the action and regulation of Con-gress. This led to special legislation for Porto Rico and for the Philippines. President Roosevelt urged reciprocity with Cuba. The various reciprocity treaties which have been hanging fire for more than a year are still unacted upon. The Pan-American Congress in the City of Mexico was a social success and a politi-cal failure. The great international fact of the year was the Hay- Pauucefote treaty, by which Great Britain allowed to this country the right to go ahead and build the Isthmian canal. The treaty was ratified by an overwhelming vote. —Saturday Eve?ii?ig Post. CAUSES OF THE DECLINE OF POETRY JOHN A. MAUGHT, '04. TN the treatment of this subject it may be well first to state what •*■ I believe poetry to be, and especially poetry such as this subject requires. True poetry is the concrete and artistic ex-pression of the human mind in emotional and rhythmeticai language. If all verse, which bases its right to be called poetry merely upon its rhythm and rhyme, should be adjudged as such, my THE GETTYSBURG MERCURY 261 conviction that poetry is upon the decline could not exist, since, at the present time there is nolack of attempts at poetizing, which accomplish only what is least essential in poetry, namely rhyme. Poetry as it shall be considered here is that lofty and sublime language which carries with it universal truth and convictions. The cause for the decline of poetry may be classified under four heads, ist. The present manner of living. 2nd. The absence of an inspiring cause. 3rd. The literature of a nation is first made manifest in poetry and for that reason less attention is given to poetry after prose is introduced. 4th. The present preference of brevity and clearness to beauty and style. First, I shall try to show what is meant by the present manner of living. The growing inclination to mass in cities and towns is disadvantageous to poetic thought and passion, for what pro-duction of any consequence, either of poetry or of prose, was ever composed amid the unceasing noise and bustle of a city ? Poetic passion to materialize most needs quiet and repose. Again, men are engaged in too persistent a chase after wealth to allow themselves to be inspired either by the beauties of nature or by the embellishments of daily life. In time past, dating from the founding of Rome to the dis-covery of America, men were content with sufficient wealth to comfortably maintain life, whereas to-day opulence is apparently the highest ambition. Has a true poet ever lived who was avaricious? The absence of an inspiring cause shall next be considered. In order to produce poetry the soul must for the time being have reached that state of exultation, that state of freedom from self-consciousness, which is most beautifully por-trayed in the following quotation from Tennyson : "I started once, or seemed to start, in pain, Resolved on noble things, and strove to speak As when a great thought strikes along the brain And flushes all the cheek. " Into this mood the poet must always pass before he can write a truly poetic line. But in order that this mood may exist must there not be first a cause ? Paradise Lost, that famous epic of Milton, would never have been written had it not been for the English Revolution. If Dante had not been banished from Florence by the relentless Charles of Valois his memory would never have been perpetuated by the Inferno. We now come to I wMiiMiwiiMfflinn 262 THE GETTYSBURG MERCURY the third head. Since the literature of a nation is first manifested through poetry, as the language grows older its style changes from that of a purely poetic strain to a more matter-of-fact way of expression. The literature of France was first introduced by the Trouleadours and Trouviurs, the poets of Southern and Northern France. But after fifty years prose began to share the literature with poetry and from that period dates the preference for prose in France. And so it has been in the case of the literature of ancient Greece and Rome, Arabia, China, Germany, and of other nations needless to mention. The fourth and last reason now confronts us—the now prevalent preference of brevity and clearness to beauty and style. In this the 20th century a composition accurate in detail and replete with poetic sentiment is not desired nor is it greatly appreciated. This lack of preference for lofty composition may be attributed to two causes. 1st. The great popularity of the newspaper. 2nd. In this age of activity men have not time to read a detailed and difficultly comprehended article when a clearer and more concise style may be had. And in conclusion, I may say that as the world advances in years, poetry, like a time-worn structure, shall eventually pass into oblivion. THE CROWNING EVENT CHARLES W. HEATHCOTE, 'OS. 'THE crowning event or turning point comes earlier or later in *■ every man's life. Will he be ready to meet it as did Christ? Or will he succumb to his baser passions as did Mohammed ? A man's morals is one of the essential things which lead up to the crowning event. There have been very many men who have gained power in various countries ; but their morals have been very base. Too often the morals are overlooked. It is a shame that such a man who has gained power is considered to be smart, the people therefore overlook his morals. He must have the stamp of honesty and purity in his face. Benedict Arnold, the traitor, had no stamp of honesty about him. Suppose Arnold had been allowed to go on with his schemings, he would have succeeded. Then the weak minded would have apologized for him and said, "Oh, suppose he was dishonest and tricky, he suc-ceeded." Strong will power and moral courage is needed not to 1 THE GETTYSBURG MERCURY 263 succumb to the weaker passions. The theorists tell us that Christianity is good to keep up the nation in morals. The people themselves are required to do this by having strong will power and not yielding to dishonest passions. For a man to succeed in life it is essential that he should have a stable character. Character is not formed in a day. It is formed day by day as we grow. The crown of life is character. Charac-ter is nature in the highest form. There is no use to ape it. True, a young man in forming his character does meet with obstacles, temptations and discouragements ; but with a strong will power he can overcome them- Each battle will make him stronger. He will be able to develop a character without suspicion or reproach. A character that will be an example for others. When the turn-ing point does come he will be ready to meet the storm calmly. Energy is the secret of success. Energy exerted in the proper sphere becomes a second nature or habit. Mr. James, in his Psychology, says, "Let no youth have any anxiety about the up-shot of his education, whatever the line of it may be. If he keep faithfully busy each hour of the day, he may safely leave the final result to itself." Be full of enthusiasm and ardour in whatever you may under-take to do. 'Are you in earnest ? Seize this very minute ; What you can do, or dream you can, begin it! Boldness has genius, power, magic, in it ! Only engage and the mind grows heated ; Begin it, and the work will be completed.' The one thing mankind mostly desires is action of some kind, something which has life in it; and the more mankind receives, the more their pleasure and satisfaction. For a number of men are dull and weary. Think out some rich thought and commu-nicate it to mankind. We are born to communicate ourselves to our fellow mortals. Above all let there be no delay in beginning, no more dreaming. The value ofself confidence is also necessary in going on toward the crowning event. Many a young student has failed because he lacked tenacity and persistency. They decide that luck or fate is against them, and that it is of no use to try further. Outside of character itself, there is no loss so great as that of self-confi-dence ; for when this is gone, there is nothing to build upon. It 264 THE GETTYSBURG MERCURY is impossible for a man to stand erect without a backbone, es-pecially when he has much weight to carry. Nothing can keep a man down when he has grit and determination. Self confidence makes men gods, whose wills must be obeyed. The victor who wins life's battles wears the air of a conqueror. His manner, gait, and voice show that he is a conqueror. It is vivifying. It makes the weaker assume a stronger role of self-confidence. The crowning event came to Christ's life when he was tempted by Satan. As a man he met the temptations. His morals, pure-ness of life, character, determination and self-confidence had so implanted themselves in his life, that he was able to meet the storm calmly. At that moment he flung the power of the world from him. Mohammed on the other hand after the "Heigira" found that he had the balance of power in his hand. This was the turning point of his life. Previous to the "Heigira" he was content to preach his religion peaceably ; now he determined to spread it with fire and sword. Mohammed was willing to suc-cumb to his baser passions, to satisfy his own selfish desires at the cost of Arabia. Christ did not forget his mission on earth. Therefore the pureness of his life shines out. The crowning event generally comes to a college man after he has graduated from college. Then is when he must make his de-cision. How quickly an undecided, vascillating man communi-cates his uncertainty and vascillation to those about him. Every-one who comes in contact with him, unless he is well poised, catches the disease ; it is as contagious as small-pox. Everything about him drags, the whole atmosphere is loaded with indecision. A young man as he starts out on life's journey should always keep his ideal in sight. He starts out fresh from college, his mind charged with fine ideals and expectations. He is not out long before his lofty sentiments give way to the pursuit of wealth or position. If one will only read, for a few moments each day, one of the great masterpieces of literature, he will be able to keep his ideal before him. The more Christ is patterned as an ideal the more that ideal will be able to be realized. To live an ideal life is to associate with pure and noble souls. The potent personality of our divine Master draws us to follow him as an ideal. Christ believed in an ideal life and strove to in-culcate that ideal in man. A man's ideal is his guiding star. All those who struggle are able to reach their ideal. THE GETTYSBURG MERCURY 265 As to failure the less we think of it, the better. In thinking of failure, men lose the power of action. They will not work with the same view. Whatever they do, the shadow of failure shrouds them. Their ardour is gone. True our work does often seem to fail; and the world cries out, "He is defeated ; he saved others, himself he cannot save." These were the same words the crowds hurled at Christ when he was crucified. But Jesus, who lost himself in his work, knew that he had not failed. "I have finished the work.': "Consummatum est," he cried. It was the cry of triumph. In the end when we lay down the work assigned us we also can say as did the Christ. MONEY ROBERT W. LENKER, '03. TWJONEY is the most important factor of the world's activity. ■*■*■*• It is the boy's essential to procure his spinning top or sail-ing kite. It is the power that connects Continents with Suez Canals, and spans oceans with cables, tunnels mountains, and sends through their bowels speeding trains of human freight. It has annihilated space and brought Nations together in speaking distance. It has wrested from nature the wings of lightning. It has conjured into wedlock Niagara's waters and electric fire. Money is the food that sustains the world's commerce, whether the purchase of the feathers in a lady's hat or a line of railroads or ocean steamers, the one gives satisfaction to pride, the other to the millionaire's greed. Both are led by the same impulse which phrenologists call the organ of acquisitiveness, and which we possess respectively in a higher or lower degree. Cultivated by benevolent motives, it sends messengers on wings of healing and charity, perverted, it goads the criminal to murder, and a Judas Iscariot to betray his Savior for thirty pieces of silver. Money is the synonym for the possession of the good things of the world, for it will procure them. Persons may preach of the discipline and advantage of poverty, but, practically, men will not listen to the arguments against the pursuit of silver or gold, when they are out at the elbows, and their children are crying for raiment and food. Lord Bacon says "Believe not them that seem to despise riches, for they despise them who despair of 266 THE GETTYSBURG MERCURY them." Who has ever seen a scowl upon the minister's face on a Sunday morning when he found a twenty dollar gold piece in the contribution box ? Who has ever known any one to do violence the universal craving for the good things of the earth, and refuse an unexpected windfall by the death of a rich old uncle or aunt ? Men will make any sacrifice for money. For it they will delve in the deep and dangerous mines of the earth, work at un-healthful labor, making matches or powder. The galleons of Spain ploughed the stormy ocean in search of gold. Not so much the love and teaching of the cross led Cortez to murder the rulers of the Montezumas, and Pizarro the Incas of Peru ,as the lust for gold. A problematical silver or gold mine, of supposed fab-ulous wealth and magnificetit distance, has many a time been the key which unlocked the hoarded savings to sink them in the stocks of the bogus mines. Likely there is danger in loving money too much. The love of money has seared or hardened the soul of the rich man, it has caused the giddy wife to leave her husband, it has filled the land with thousands of rum-holes, which fill our poorhouses and jails with paupers and criminals, and burden us with taxes. But the love of money is not the root of all evils. There are many other evils that do not radiate from a silver or golden stump or tree. The use of money and the possession of riches may in themselves be all right, while their abuse may be all wrong. Solomon, Abraham and Job did not lose their favor in the sight of the Lord on account of their riches, but on the contrary, they were ap-proved of. No one seeks poverty from choice, as the dangers of poverty are manifold greater than the dangers of riches. When one lacks the luxuries, yes, the necessaries of life, and is exposed to want, sickness, and disease, discouragement and despondency, he is in no condition to exercise the highest function of mind and soul. It is true that the ennobling virtues are sometimes practiced in spite of poverty, but not because of it. Job was an exception, but his faithful wife could not bear the pressure of affliction and wanted her husband to curse the Lord. The girl that makes shirts for six cents apiece and lives in a garret, and the boy without work, money or home, are driven to temptations of which the rich know nothing. The philosophy which teaches a contempt for money is not very deep. We THE GETTYSBURG MERCURY 267 should all seek to lay up something for old age, and keep us from want in sickness and out of the poorhouse. It is true that the Saviour taught his followers not to be over anxious about to-morrow, but like many of his sayings, this teaching was prompted by local influences and surroundings. This was the case in the genial clime of Jordan, where the earth brought forth food spontaneously and required little effort from man. The want of money is the stimulant to our work and the appetizer to the business nerve. It is that which gives stimulus to ingenuity, invention, intellect and ambition. It is this want of money and the constant struggle for it that keeps society and the world in equilibrium. L,et each one have a few dollars more than he is sure he needs for a life time, and anarchy would follow. His effort of mind and brain would be spasmodic. The very labor a man has to put forth to obtain money brings out his self denial, economy, energy, tact, it is his education. It will bring out his practical qualities as well as his mental and moral qualities. A writer has said "The soul is trained by the ledger as much as by calculus and gets exercise in the account of sales as in the account of the stars." The provident man must of necessity be a thoughttul man; living as he does not for the present but for the future. Knowledge is power, but it is not all power. Money is power. It brings comfort, it brings influence, sometimes unworthy influence. Shakespeare says "The learned pate ducks at the golden fool." With many the intellectual pigmy becomes a giant of influence. In our country the only title seems to be based upon greenbacks, and the young dude who is still struggling with his embryo side whiskers beneath his ears and a few millions to his name, is con-sidered the catch of the season, while some of our millionaires' daughters sell themselves to the scrofulous owners of foreign titles. The love of money and the abuse of wealth have their evils, but the present age is blest witii great opportunities and enjoy-ments. Science has done much for the luxuries and comforts of the working class and those of moderate circumstances. Money is the magicians' wand which places at their disposal the means of cultivation and refinement. It means gas, electric light, and cheap travel. It means warm, well ventilated, 1 ■I I 268 THE GETTYSBURG MERCURY \ commodious houses, filled with pictures, aud music, and books. It helps to make the home the earthly heaven of the family. Money sends our ships to bring to the washer woman's table the teas of China, and the fruits of southern climes. From sunny Italy it brings the costly fibre from the silk worm's looms to clothe our factory girls in silken garments. It gives us choice seats in the cars and lecture rooms. It comforts us in sickness and necessary idleness. The want of it produces cheerless and comfortless homes, haggard and pinched features, distressed looks and pale cheeks such as may be seen any day in our great cities. What causes this difference in worldly condition ? On the one hand men are endowed by nature with the instinct of making money and how to save it. Their dollars come regularly and multiply rapidly, by shrewd bargains, and judicious invest-ments. They would be untrue to their gift of nature if they did not accumulate money, for the talent and inclination to make money, is as strongly worked and uncontrollable in them as the power and desire of Beethoven and Mozart to produce the beautiful symphonies, and that which led Phidias and Michael Angelo to bring forth their immortal statues of marble and of gold. The mission of each is pointed out by the faculties which the Creator has given him. Hugh Miller, though a poor boy, while playing truant in the caves on the coast of Scotland, received his inspiration from the surrounding rocks, and revealed their history in his grand works. So our Peabodys, Pordees and Girards followed only the promptings and guidings of their nature; and to do violence to them by turning away, would be wrong. Their accumulations have left rich blessings in hospitals, colleges, and railways to make thousands happy. It does not necessarily follow that a millionaire should dwarf his spiritual nature and turn his brain into a ledger and his heart into a millstone; if he does he perverts his gifts. The owner of capital often reaps the least reward of it and it often gives as much power or pleasure. He can occupy only one house at a time, each member of his family but one seat in cars, or theatre, or church. He can eat, drink and wear only a man's portion of the good things of the world. To be healthy he must eat like a poor man. If he eats more than a man's portion, he will have a perverted aud dis-tended stomach, conjested liver, and sleepless nights. Stephen IHE GETTYSBURG MERCURY 269 Girard wrote to a friend "As to myself I like to live like a galley slave, constantly occupied, and often passing the nights without sleeping. I am wrapped up in a labyrinth of affairs and worn out with cares. The love of labor is my highest motive. I work during the day so that I can sleep soundly at night." No one should worship the golden calf or mortgage his soul to mammon. The love of gold has starved every other affection. Let us then get the true estimate of money. Let us neither love it nor despise it. We should earn a little more than we spend. We should avoid debt. The class that toil the hardest spend most recklessly the money they earn. The man that spends twenty cents a day for beer and tobacco spends that, which with its compound interest, in fifty years would amount to twenty thousand dollars. Some say that is a long time ; but many men live to be seventy-five, and they can begin to save long before they are twenty-five. It is not so much what one earns as what he saves that brings comfort. Every man should acquire the habit of saving. We may practice economy without being miserly; God himself does not waste. Every atom that He created still exists. He does not destroy, but only changes. Herculaneum and Pompeii were not destroyed ; they were only buried. Ice melts into water, water is made into steam, and one has as much matter as the other. "Go and gather the frag-ments" said the divine teacher, after the feast on loaves and fishes. The autumn leaves have fallen for centuries to enrich the soil. The bodies of the dead fatten the wheat fields of Gettysburg and Antietam. Nature knows no waste, she saves every action. Let us do likewise. We have no right to enjoy that for which we do not pay. Many a youth blows away his brain and prospective manhood in cigarette smoke, while he rides an unpaid or installment bicycle—better walk. To drink unpaid beer or champagne is the act of a cheat. To sing loud hymns, and repeat loud prayers from an unpaid pew, is the act of a hypocrite. Let us resolve to be in no man's debt, to earn all we can and spend it in the way it was intended by the one who put coal into our mountains, diamonds into our rivers, and gold into our rocks. ■ I I 270 THE GETTYSBURG MERCURY THE GAINS AND LOSSES FROM A TERRITORIAL DIVISION OF LABOR rx IVISION of labor as applied to tbe individuals in a communi- *-* ty is a principle which greatly increases the productive capa-bility of that community, ist. By shortening the term of ap-prenticeship. 2nd. By developing dexterity on the part of the laborer. 3rd. By obviating the loss of time and the distraction of thought which would be involved in passing from place to place and exchanging tools. 4th. By facilitating invention and leading to the discovery of improved processes and new material. 5th. By giving employment to women and children and partially disabled men. 6th. By placing the most efficient men in such an order where they can labor to the best advantage. These gains, however, are not secured without any losses. There is a degradation of the laborer, who, by the repetition of one single movement, which is as simplified as possible, is reduced to play a purely mechanical part. Indeed, as soon as the work has been so simplified as to become mechanical, it will not be long before the workman is replaced by a machine. There is also an extreme dependence of the workman who is incapable of doing anything except the fixed and special operation to which he has become accustomed. In an organized society where division of labor is firmly established, man becomes so dependent upon his fellows that if he is separated from them, it is almost impossible for him to live. But serious as these losses may seem theoretically, they are practically of little consequence when compared with the great gains in production in the community where the principle of division of labor is fully carried out. Since this principle is so advantageous to the productive capability of a single community, many are disposed to think that by analogy the same principle will apply equally as well to communities and nations, or in other words, that territorial division of labor would be just as advantageous in the same proportion. This idea can be accepted or rejected only by comparing its gains with its losses when thus extended. So then let us consider what the gains and losses to the economic world would be by extending the principle to communities and nations. When the principle of division of labor is extended to different communities in the same nation it must assume a some- THE GETTYSBURG MERCURY 271 what different form. We can no longer speak of divisions in one industry into individual laborers, but of division into industries, and of these as occupying their places so as to bring about the most efficient and economical productiveness. This form of division in a single nation certainly has some advantages which must not be overlooked. There are very few nations which do not have within their boundaries sections which are peculiarly adapted to certain industries. It may be that the mineral resources are in one section, the best physical conditions necessary for agriculture in another, the greatest economical advantages for manufacturing in another, and thus these in-dustries can be carried on in their respective sections with far greater gains in the productiveness of the nation than if they were all equally distributed throughout each community. The people in each section as a group will become more and more efficient in their work and thus increase the produce and in all probability lower the price of that product There are also gains arising from the production of the various commodities on a larger scale where the entire group of laborers can be em-ployed in those places of greatest advantage. Thus we see that the gains from a division of labor among communities are some-what similar to those obtained from a division in a single industry. Now let us see whether the losses under this extension of the principle are in the same proportion. It would hardly be fair to speak of groups of individuals as becoming degraded because they are engaged in the same industry all their lifetime, nor as being in danger of displacement by machinery, for it would mean the degradation or displacement of the industry itself. But when we come to the question of dependence upon others we find that there would be a very serious loss, if the principle were strictly enforced. Those who engage in one industry exclusively become dependent upon all the other industries in at least two ways, ist. For the sale of their own product in excess of their own consumption. 2nd. For the purchase of the commodities produced by the other industries. For the bringing about of these transactions to the greatest advantage there must be a market as close as possible. The nearer this market the greater the economy. This fact has caused the various industries to group themselves together as closely as possible. Hence we find nearly all the industries sometimes confined within a very 272 THE GETTYSBURG MERCURY small circle. Of course, this loss from inconvenience to market is gradually becoming less on account of the increasing facilities for transportation and the national security in the freedom of exchange carried on between different sections of the same nation. Another loss might arise from the fact that many small sections would remain undeveloped because the industry could not be profitably carried on there and those people who have preferences in employment would crowd certain localities and exhaust them in a shorter time and thereby endanger the existence of that particular industry. Take for instance coal mining. If the smaller and less profitable mines were allowed to remain un-worked until the larger ones were exhausted it is hardly likely that the same industry would be continued. In such a case how would it effect those who are dependent upon this industry ? In the case of some of the other industries the dependents may also be seriously affected by local calamities. Thus we see that the proportion between the gains and losses is changing as the principle of division of labor is extended to communities. In-deed, the gains and losses under this extension of the principle are approaching each other very closely. It now remains to be seen whether they continue to approach or begin to diverge when the same principle is extended beyond the limits of a nation. That there would not be some gains in a further extension of the principle of division of labor so as to include nations no one attempts to prove. For if we consider the fact that there is a great difference between the efficiency in workmanship in different kinds of work among the different nations we must admit that there would be a gain in the production of wealth if labor were so divided as to place these different nations in their proper workshops. Then again, there are some nations which have better physical conditions for production of a certain kind. In fact nearly all the gains which are secured in the consecutive division of labor in a single industry or the contemporaneous division in a nation can be attributed to a national division. But since the division is not as complete in the last instance the sum of the gains will not be in the same proportion. These gains would all depend upon a strict adherence to theoretical rather than actual conditions. If the natural agents and physical conditions were all so distributed upon the earth as to have definite boundary lines coincident with the national boundary THE GETTYSBURG MERCURY 273 lines the proportion existing between the gains and losses in a single industry would still be slightly different from that under these conditions, because of the necessary separation from all marketSj This fact is serious enough under the existing circum-stances. As it is many misunderstandings arise between the manufacturer and the consumer so that the production of wealth is often retarded because of a failure to supply the demand at the proper time. If the consumers of the world would be dependent upon one nation for some particular commodity it would mean a very expensive commodity to those nations farther away, and besides, that nation may be engaged in the production of commodities which are of a relatively greater value and necessity. Thus even under a freedom of trade in exchange the great difference in the kinds of products would cause nations to discriminate in their exchange and so bring the nation which might be engaged in the production of luxuries to ruin. The prices of some commodities would be higher because of the necessity of transporting the raw material from a country where it can be produced best to the country where it can be best turned into manufactured goods. Would it not also destroy the com-petition between nations, a factor in the production of wealth which holds a very important relation ? Without the action of competition the productive capabilities of the nation will not reach its highest degree. This would result in very great loss when the spirit of indifference would exist in all the industries. Continuing the figure of the two lines approaching each other, I would express my conclusions by saying that these lines keep on approaching each other as the principle of the division of labor is extended until they intersect at a very short distance beyond the boundary line of a nation and after the intersection we find that the gains and losses have entirely exchanged places. EXCHANGES TN reply to a query in a recent edition of the Georgetown College *■ Journal, we wish to state that after duly examining the records we find that Messrs. Pope, Dryden and Byron have not matricu-lated at this institution ; neither could we discover that any of our students have ever made a reputation by asking impertinent questions. r:^mmmmmimmmmi 274 THE GETTYSBURG MERCURY The Amulet, of West Chester Normal School, is a welcome addition to our exchange list. The Lesbian Herald continues to hold its position among the best magazines which visits our table. We are highly pleased with the Christmas number of the Kee MarJournal. It will always find a welcome place on our desk. J* It is unfortunate when a young man or a young woman has ambitions far beyond his or her powers of achievements. It is a fortunate day in our lives when we can recognize our limitations and we are doubly fortunate if we are able to abide cheerfully by the consequences of this discovery. There is sometimes some-thing fine and heroic in the giving up of one's high aspirations because it has been made clear that they are beyond one's power of achievement. Ambition without ability and intelligence, with-out force of character, has been the ruin of young men who had not the good sense, nor yet the good grace, to recognize their limitations and abide by them. —The Midland. THERE'S NOTHING LIKE A LETTER FROM MY SWEETHEART 30METIMES I get the blues, and in life all interest lose, And all the world seems somehow going wrong ; But the postman comes around, and my heart gives one great bound When he says "Will, here's a—" something just in season. Oh, there's nothing like a letter from my sweetheart. How I wish that I might get one every day ; For there's nothing sweeter, better, than just to get a letter From my sweetheart far away. And now I sing some song, or whistle all day long, How swiftly now the moments slip away ; Now my heart again is light, and everything's as bright, I've a letter from my sweetheart, that's the reason, Oh, there's nothing like a letter from your sweetheart, Don't you wish that you might get one every day ; For there's nothing sweeter, better, than just to get a letter From your sweetheart far away. —St. yohtt's Collegian. THE GETTYSBURG MERCURY 275 "A college contest in oratory is open to the diffident that he may learn of his own ability. It is open to the bashful that he may stand before men and exhibit his nerve. It is a benefit to the egotist if defeat draws him to the plane of his fellow students and teaches him that ordinary ability is common to man. It is a benefit to all participants when defeat is a stimulus to greater effort, and victory is followed by a modest conception of one's own ability." —Central Collegian. We acknowledge the receipt of the following :—Nassau Lit, University of Virginia Magazine, Dickinson Literary Monthly, Bucknell Mirror, Washington-Jeffersonion, Haverfordian, Susqne-hanna, Phoenix, Buff and Blue, College Student, Ursinus College Bulletin, Touchstone, Juniata Echo, Philomathean, Monthly, Mountaineer, et all. BOOK REVIEWS "The Art of Teaching." By E. E. White. American Book Co., New York. 'T'HE; author of this work is an acknowledged master of both *• the sciences and art of teaching. In this work he gives a clear and helpful discussion of the fundamental principles and practical methods which pertain to teaching as an art. He care-fully marks out the true value and limitations of all special methods in order to guard teachers against the common error of accepting them as general methods. This book will doubtless meet with a hearty reception among all active and progressive teachers. "Tales." By Edgar Allen Poe. The Century Co., New York. TN this attractive volume we have a collection of Poe's best ■*■ prose. In reading these tales, one is especially struck both with their ingenious plot and with their felicitous and often brilliant diction. His characters strike one, however, more as phantoms than as real and companionable personages. They are part of the machinery of horror and phantasmagoria which Poe loved to make use of to effect his weird purpose. They help to create that haunting atmosphere which enshrouds his characters and makes for the mystery of his stories. The ingenuity of his I 276 THE GETTYSBURG MERCURY plots is no less remarkable than the skill with which they are wrought out, while the artifices of his style marvellously heighten their effect. Among the writers of the age few have excelled him or have more effectively enlisted the art of the literary conjurer for the purposes of ingenious prose narration. "Birth A New Chance." By Columbus Bradford. A. C. Mc- Clurg & Co., Chicago. Pries $r.jo. IN this book the author has posited a theory which resembles in *■ some respects that of Theosophy, and in his arguments to prove his hypothesis shows considerable skill in turning and twisting scriptural passagesto suit his own views. If the same personality reappears in another body in due time according to the conditions which the author supposes, it may not be impossible that we have in our midst in the body of the author himself the old Greek philosopher, Empedocles, with his ancient views slightly modified. As to the correctness of this theory of having more than one chance to aid in the perfection of the human race we feel that the author has not succeeded in presenting adequate proof. F. Mark Bream, Dealer in Fancy and Staple Groceries Telephone 29 Carlisle St., GETTYSBURG, PA. COLLEGE EMBLEMS. EMIL ZOTHE, ENGRAVER, DESIGNER AND MANUFACTURING JEWELER. 19 S. NINTH ST. PHILADELPHIA SPECIALTIES: Masonic Marks, Society Badges, College Buttons, Pins, Scarf Pins, Stick Pins and Athletic Prizes. All Goods ordered through A. N. Beau. No. 3 Main St., GETTYSBURG, PENNA. Our new effects in Portraiture are equal to photos made anywhere, and at any price. Weikert $ Crouse Butchers EVERYTHING IN THIS LINE WE HANDLE GIVE US A TRIAL Balto. St. Gettysburg PATRONIZE OUR ADVERTISERS. E. H. FORAE3T gather Beef, Veal, Pork, Lamb, Sausages. Special rates to Clubs. P .i85o-igoi. Our Name has stood as a guarantee of Quality for over fyalf a Century C. K. P>oas JEWELER and dlWERSttlTH 214 and 216 Matket St. Harrisbutg, Pa. Latest Designs Prices Reasonable CHAS. S. MUMPER (Formerly of Mumper & Bender) Furniture Having- opened a new store opposite W. M. R. R. Depot, will be pleased to have you call and examine goods. Picture Framing promptly attended to. Repair Work a Specialty Students' Trade Solicited I For a nice sweet loaf of Bread call on J. RAMER Baker of Bread and Fancy Cakes, GETTYSBURG. PA. PATRONIZE OUR ADVERTISERS. The Century Double-Feed Fountain Pen. Fully Warranted J6 Kt. Gold Pen, Iridium Pointed. GEO. EVELER, Agt. for Gettysburg College PRICE LIST. No. 1. No. 1. No. 3. No. 3. Chased, long or short $2 00 Gold Mounted 3 00 Chased 3 00 Gold Mounted 4 00 Spiral, Black or Mottled $2 SO Twist, " 2 50 Hexagon, Black or Mottled 2 SO Pearl Holder, Gold Mounted S 00 THE CENTURY PEN CO., WHITEWATER, WIS. Askyour Stationer or our Agent to show them toyou. Agood local agent-wanted in every school &mmmmmmmmmvmmwwmwt£ PrittitigandBitidhij We Print This Book THE MT. HOLLY STATIONERY AND PRINTING CO. does all classes of Printing- and Binding-, and can furnish you any Book, Bill Head, Letter Head, Envelope, Card, Blank, or anything pertain-ing to their business in just as good style and at less cost than you can obtain same elsewhere. They are located among the mountains but their work is metropolitan. You can be convinced of this if you give them the opportunity. Mt. Holly Stationery and Printing Co. *SPRINGS, PA. ^ H. S. BENNER, .DEALER IN. Groceries, Notions, Queensware, Glassware, Etc., Tobacco and Cigars 17 CHAMBERSBURG ST. WE RECOMMEND THESE BUSINESS MEN. Pitzer House, (Temperance) JNO. E. PITZER, Prop. Rates $1.00 to $1.25 per day. Battlefield a specialty. Dinner and ride to all pointsof mterest,including the tb ree daj-s' fight, $1.25. No. 127 Main Street. R. A. WONDERS, Corner Cigar Parlors. A full line of Cigars, Tobacco, Pipes, Etc. Scott's Corner, Opp. Eagle Hotel. GETTYSBURG, PA. You will find a full line of Pure Drugs and Fine Sta- People's Drug Store Prescriptions a Specialty. W. F. CODORI, StoonTcodort Dealer in Beef, Pork, Lamb, Veal, Sausage. Special rates to Clubs. York St., GETTYSBURG. J. A. TAWNEY »" Is ready to furnish Clubs and Bread, Rolls, Etc. At short notice and reasonable rates. Washington and Middle Sts., Gettysburg .GO TO. CHAS. E. BARBEHENN, Barber Eagle Hotel, Cor. Main and Washing-ton Sts. L. D. Miller, GROCER Confectioner and Fruiterer. Ice Cream and Oysters in Season. 19 Main St. GETTYSBURG The Pleased Customer Is not a stranger in our establish-ment— he's right at home, you'll see him when you call. We have the materials to please fastidious men. J. D. LIPPY, Merchant Tailor 39 Chambersburg St., Gettysburg, Pa. CityHote, ggjj? Free 'Bus to and from all walk from either depot Dinner with drive over field ■• with four or more, SI.35 Rates $1.50 to $2.00 per day- John E. Hughes, Prop. S. J. CODORI, arber C3f)op For a good shave or hair cut. Bar-bers' supplies a specialty. Razor Strops, Soaps, Brushes, Creams, Combs, Mugs, and Coke Dandruff cure will cure Dandruff. .No. 38 Baltimore Street. GryrT

Issue 49.5 of the Review for Religious, September/October 1990. ; R[ vl~ w ~-OR R~-t ~G~OUS (ISSN 0034-639X) ~,, pubhshed b~-monthly at St Louis Unlver,,~ty by the M~s-soun Prov~nce Educational Institute ol the Society of Jesus: Editorial Office; 3601 Lmdell Blvd. Rm. 428; St. Louis, MO 63108-3393. Second-class postage paid at St. Louis MO. Single copies $3.50. Subscriptions: United States $15.00 for one year; $28.00 for two years. Other countries: US $20.00 for one year: if airmail. US $35.00 per year. For subscription orders or change of address. write: R~vtEw FOR R~-:~.w, ous: P.O. Box 6070: Duluth. MN 55806. POSTMASTER: Send address changes tu R~:vw~:w vor Rv:~.~aot~s; P.O. Box 6070; Duluth, MN 55806. ~1990 Rv:vt~.:w vor Rl.:Li~;~ot~s. David L. Fleming, S.J. Philip C. Fischer, S.J. Elizabeth McDonough, O.P. Jean Read Mary Ann Foppe Editor Associate Editor Canonical Counsel Editor Assistant Editors Advisory Board David J. Hassel, S.J. Mary Margaret Johanning, S.S.N.D. Iris Ann Ledden, S.S.N.D. Sean Sammon, F.M.S. Wendy Wright, Ph.D. Suzanne Zuercher, O.S.B. September/October 1990 Volume 49 Number 5 Manuscripts, books for review and correspondence with the editor should be sent to Rv:\'~:w v'o~ Rv:w.uaot~s; 3601 Lindell Blvd.; St. I~mis, MO 63108-3393. Correspondence about the department "Canonical Counsel" should be addressed to Eliza-beth McDonough, O.P.; 5001 Eastern Avenue; P.O. Box 29260; Washington, D.C. 20017. Back issues and reprints should be urdered from Rr:\'~:w roa Rr:~.~;m~s; 3601 Lindell Blvd.; St. IA~uis, MO 63108-3393. "Out of print" issues are available from University Microfilms International; 300 N. Zeeb Rd.; Ann Arbor, MI 48106. A major portion uf each issue is also available on cassette recordings as a service for the visually impaired. Write to the Xavier Suciety for the Blind; 154 East 23rd Street; New York. NY 10010. PRISMS. At the May meeting of the Advisory Board for REvIEw FOR RELIGtOUS, the members became engrossed in a discussion of the heritages-- Benedictine, Dominican, Salesian, and many others--that consecrated life fosters and should foster in the Church. Sometimes women and men religious forget their special call to be channels of their own spiritual tra-dition and practice. Religious life, signalized in Vatican II documents as belonging to the charismatic structure of the Church, continues to give birth anew to its members by the overshadowing of the Spirit. The particular spiritual in-sights and practices which establish each religious community become permanent gifts not only to the vowed members but also to the whole Church. The Church's recognition and approval is based on this prem-ise. Religious life plays a critical role in carrying forward the Christian spiritual-life traditions in the Church community. The Church expects in-dividual religious and religious families to give witness to their spiritual traditions. It is no surprise, then, that books and journals dealing with the spiritual life (such as REv=Ew FOR REUCtOUS) are so often the product of people living in this consecrated lifeform. In our times we are being made far more aware of the tradition of the Pauline Body of Christ, with the differing gifts of its members. One of the gifts specially present in religious life is its responsibility to hand on the spiritual-life traditions within the Christian community. Obviously God's gifts are never merely self-enhancing, and so religious life was never meant to be a caste apart or its own separate church. The gift of religious life within the Church only heightens the ways that Christians feel called to live out their following of Jesus in their own day--not only the members with a particular religious calling,.but also friends, cowork-ers, students, parishioners---in a word, all who are touched in some way by members of a religious community. This journal's very title could seem to restrict its reading audience to people following a certain consecrated lifeform recognized in the Church. But, as a matter of fact, from its beginnings almost fifty years ago, REvmw FOR REL~CIOUS has invited diocesan priests, bishops, and lay people to find in its pages the roots of our Christian spiritual heritage which nourish us all. The number of subscribers other than religious was small in the beginning, but has grown steadily, especially with the bur- 641 642 / Review for Religious, September-October 1990 geoning of ministries and prayer groups in the Church after Vatican II. Articles in REvmw FOR RELm~OtJS will continue to focus on various Christian heritages which religious life helps keep alive in the Church. We hope thereby to provide for all our readers access to roots as well as to budding developments in the living of the Christ-life. The authors in this issue again are representative of our reading audi-ence. For example, Barbara Dent, well-known for her spiritual writings, continues her own experiential reflections on a prayer tradition deep in the Carmelite religious family. Father Richard Lamoureux, a.a., takes an "American" approach to an age-old Augustinian tradition of prayer. The diocesan priest Father Clyde Bonar uses the experiences of St. Fran-cis of Assisi to suffuse with faith the human experience of shame. Dr. James Magee, professor of gerontology, in his article "Planning an In-tercommunity Skilled Nursing Facility," tries to facilitate the working together of religious groups coming from various religious traditions. Perhaps at this time in history we especially need to grow in our ap-preciation of religious life as the purveyor of the Christian spirituality heritage. If we do grow in this way, the Church worldwide will become all the richer in its own life and mission. David L. Fleming, S.J. Moral Issues in Spiritual Direction Shaun McCarty, S.T. Father Shaun McCarty, S.T., teaches in the Washington Theological Union and is a staff member of the Shalem Institute for Spiritual Formation. His address is Holy Trinity Mission Seminary; 9001 New Hampshire Avenue; Silver Spring, Maryland 20903. My gracefully aging mother has acquired a certain Wisdom from the ex-perience of her years, yet she still seeks confirmation from her clerical eldest in matters of faith and morals! Vatican II suited her just fine be-cause, she says, "It said a lot of things I always thought!" On my weekly visits, she will often begin with, "Now tell me if I'm to think this way, but . " And then she will go on to comment on some issue she has been thinking about in the quiet of her "digs" in a condomin-ium for the elderly (which she sometimes thinks may be the only heaven she will get to!). On the issue of Church: "I go to church because I like to, not because I have to. But I can't see running in and out all the time. Especially when people need you. What good is it to go to church if it does not help you be a better person outside?" On prayer: "God's not just in church. He is (she is not fully feminist yet!) in my apartment too. And I do not think ! have to say a lot of prayers; God and I just have these talks when I say what is on my mind and he talks to me." On sev-eral occasions she has raised this moral issue: "Now tell me if I am wrong to think this way, but I think a lot of these rules that come from the Church are not God's. Most are man-made. Now I think God gave us heads to think ourselves. Not just run off and ask the priest what is right or wrong or wait for the Pope to tell us what to do or not do. If you ask me, I just think the reason people do that is because they are too damn lazy to think for themselves! Now is it wrong for me to be think-ing this way?" I ask her: "Now, Morn, don't you think the Church has 643 644 / Review for Religious, September-October 1990 anything to say about what is right or wrong?" She answers: "Of course, but I'm choosy about whom I listen to!" I just smile, shake my head and assure her that she will probably escape ecclesiastical censure! Actually, she gives new meaning, life, and hope for the terms spiritual and moral life! 'Moral is one of those words laden for many with negative undertones ~uch as repressive, punishing, puritan, pharisaical, and the like. Spiri-tual often connotes an a_nemic and pious evasion of down,t0-earth~ d~ ~o-day living. Until we encounter both embodi_e_d_and~i0tegr_~t_ed_i_n~--~l ,rpeople like Mom ,hose lives and choices validate t~]~ch~i'~hg0i~nd prayer! rYOften, too, moral life and spiritual life are separated: the former re- .ferring to what is right and wrong; the latter, to what is good and beetler. 19 the ministry of spiritual direction, which aims primarily-at-'spiri~ual ~rowth, moral issues frequently arise and discrepancies become appa~ ~.nt either within the value system of the dii'ectee, between the dire~tee an~ Church teaching, or between the value systems of the d~rector and the~ dtrectee. What follows wall be an attempt to provide a frame.w~o_rk m which spiritual gu~des~can-tleal'w~th~moral-~ssues'and'grapple with such ~liscrepancies. ~I will first explore the meaning and relationships of some key terms ip.cluding moral and spiritual life, conscience and discernment. Then, I will consider the role of Church as teacher and the role of the spiritual director as guide in the formation of conscience, including some specific ~reas in which the director can be helpful. Finally, I will raise some dif-ficulties that can occur in dealing with moral issues in the ministry of s~iritual direction. ~Moral and Spiritual Life I.n the context of this article, spiritual life means graced growth in the~spirit, that is, in that dimension of human existence by which we are ~.open t~___.transcendent_ rove and drawn by the Spirit into intimate union ~.with God and communion with each other through, with, and in Christ. ~lokalli~ refers t0-th-~t ~i~e~ct of life that has to~do with. human C~h~0~ic~-s ~fi~eely~made~and~lowngl6ehav~ors~freely:embraced~that;-:under:grace, en- ~able one to pursue good, avoid evil, and~ herice, grow hurria-~ly. ,~ As moral theologians point out, unfortunately in the past, there tii~S ~.been and continues to be a split between moral and spiritual theology. Respected Redemptorist theologian, Bernard Haring says: Moral theology for the use of confessors and penitents was almost un- Moral Issues / 645 avoidably guided by the knowledge of dominion and control. Since such a theology, written mostly for controllers, could threaten the freedom of believers in the realm of things solicited by grace, it seemed best to leave out or bypass spirituality . ~ This resulted in a dual track for Christians: one for an elite who wanted to strive for maximum ideals in "seeking perfection" and the other for those who were satisfied to meet minimum expectations in "sav-ing their souls." Beatitudes were for the former; commandments for the latter. Not only was there a split between classes of Christians, but indi-vidual conscience also was divided into two compartments: one for moral norms, the other for "works of supererogation" (those above and be-yond the call of duty!). ~e dichotomies_are unfortunate. Moral and spiritual life are warp and w~i'~?oi;~ameTf:~l~i-U.~'~'~]i~fiaor~a~:~on focuses on an~ai-ea key to human, and therefore, spiritual growth--namely, that of choices that define a person more-thah anything else and behaviors that promot~ ~0~ih~. ;there is a universal call to holiness. To love God with all our hearts and to love others as Christ loves us is a normative ideal for every Christian. The choice is not between a "spiritual" life or a "moral" life. Whether intentional or not, every Christian is on a spiritual journey and summoned to be challenged by the beatitudes as well as by the com-mandments. Again, B. Haring: It is detrimental to the very fundamental norms of Christian ethics, but especially to the formation of a distinctively Christian consciousness, if the law of growth and the criteria for a deeper understanding of Chris-tian love are relegated to another discipline . But it should be equally clear that a distinctively Christian formation of conscience does not belong to those who specialize in "knowledge of control"! For it is at the very heart of salvation.2 The bottom line is that love is the highest common denominator of every moral act as well as the source and goal of all spiritual growth. ~Con~_s_cience ~I~n general, as a faculty of moral lif~-,-~ohscience is concerned with .~ ~ . ~.-:~ ~. . - ~ . .~- ,h~urfian cbOic6s of good or ewl. An ~nformed conscience is the final ar-biter of moral choice. It refers to that element in the experience of free-dom that makes one aware of responsibility and accountability for one's decisions and actions. The biblical term for conscience is "heart" in which God's will is written (Rm 2:15). Theologically speaking, it is "self-consciousness passing moral judgment.' ,3 In speaking of the dig- 646 / Review for Religious, September-October 1990 nity of moral conscience, the Fathers of Vatican II described conscience as ". the most secret core and sanctuary of a man (sic). There he is alone with God, whose voice echoes in his depths."4 Conscience may be said to operate at three levels: ~(1) Fundamental level: This refers to th~ hiJFria--ff-~apacity freely t6 ~hoose a life-orientation towards God (the Choi~ce); _tp. p~_rsue .good(the Wight) and to avoid evil (the Darkness) with an awareness of respp.n__s_i~ ~ility and accountabilii'~At this level, one may be said to have a ge~n- ~ral sense of value.' A fundamental choice for the Light assumes that to be human is to have basic freedom and to have a radical openness to the mystery of God which, again, defines a person more than anything else. To take this option is to experience metanoia (change of heart) which af-fects the whole person (body, mind, and spirit). It is an invitation to turn over all of one's energies to God, to put one's life at the disposal of God, to be a disciple in loving service of others as Christ did and to live under the guidance of the Spirit in subsequent day-to-day decisions. It is in the light of this fundamental level of conscience that important life-decisions such as marriage, priesthood, and vowed life should be made. (2) Reflection/assessment level (individual choices): This level con-cerns day-to-_day choices of varying degrees of importance requiring a process of moral reasoning related to concrete situations.~It calls for re-flection, discussion, and analysis. I think it is what my mother means I~y "using the head that God gave us." Here one is concerned with spe-cific perception of value. At this level, there is room for difference, dis-agreement, error, blindness, distortion, rationalization, confusion, and cultural blindness. Consequently, it is primarily at this level that a per-son needs assistance from more objective sources including Sacred Scrip-ture, one's faith community, friends, confessor, and spiritual director. It is precisely at this level that conscience needs continually to be formed and informed. For that to happen effectively, a person needs humility so that conscience can "kneel at the altar of truth" to which conscience is always subject. It is at this level that the teaching Church as reposi-tory of the values of a faith-community, has an important but limited role as moral teacher and one distinct from that of spiritual director. More about this later. ~,~.(3)~Action level: This refers.to.the_moral judgment or choice of wh~t one believes to be right that brings with it a moral imperative to act. At C~his lev~e_l, a person exercises responsibility and accountability for actions ~and for the consequences of actions that conscience commands. A sign of responsible moral choice is growth in willing, compassionate concern/ Moral Issues / 647 action as opposed to willful, selfish action/inaction. In other words, genu-ine moral judgments and decisions find their completion and become enfleshed in moral deeds. pis:ernn~en~t i Discernment refers to the prayerful sorting out of interior movements ~expenenCe~d ~n-theprocess of tnakmg judgments and deos~ons to deter-m~ ne'wh~ch are of the Spent consequently resonant w~th the fundamen-taVl level-of c-~fiscie0.~e.-It presupposes a quest Of interior freedom as w~ll ~.ffs-careful attent~0n to the concrete particulars of a situation taking into i~onsideration subjective feelings as well as objective facts. It is possible to speak also of levels of discernment that bear some correlation with the levels of conscience occurring at: (1) the fundamen-tal (or core) level of faith, where a person becomes aware of God-experience in light of which one perceives that way of life where she or he can best express and pursue a fundamental choice of God and the good; (2) the reflection/assessment level of day-to-day choices of vary-ing degrees of significance and permanence made with a sufficient de-gree of interior freedom and in resonance with one's fundamental expe-rience of God; (3) the action level whereby a discerned judgment or de-cision is brought to completion by translating it into a concrete behavior that, if it is truly discerned, will bear the fruits of the Spirit. Relationship of DiScernment and Conscience Discernment is critical in the process of what lawyer-priest, R.P. Stake, calls the "evangelization of conscience" which entails the power of the Gospel to reveal to an individual the fact and the seriousness of one's sins.5 What discernment brings to the evangelization of conscience in:~ cludes: (l) a sharper focus on the subjective and unique factors at work,] for this person in this .situation (especially important at a time of accel-erating moral complexity and waning adequacy of objective moral norms and extrinsic moral authority); (2) a situating of decision-making within ff ~?a biblical tradition of both Old and New Testaments, especially in the letters of John and Paul;~(3) a rooting and contextualizing of the decision-r~ aklng process in a person's prayer and experience of Go~l; (4) a more ihtentional attempt to examine motivations to see from where they are ~commg and to where they are 'l~ading so as to create the conditions for greater interior freedom in making choices;~(-5) a nuancing of choicest-- not just of the good over the bad, the genuinely good over the supposed good, but also choices among goods; ~(6) in contrast to an excessive de- 6411 / Review for Religious, September-October 1990 pendence on laws and authority as sources of moral judgment, discern-ment is conducive to ~clearEr focusing of responsibility four,the decision ~. 3. -- a~nd its cons~equ_e_n-ces on_ the pers_on making the de_.c~!s~on; (~7) ~n contrast to an individualistic and isolated process, a situating of the decision~ making process within the context of a person's faith commUfiity; (,8)~ contrast to a more exclusively rational and deductive approach (~s is often the case in the exercise of prudence ), ] serious~consideration of human affectivit~ as an important locus of grace~in human choice. , In testing the spirits oy measunng them against one s tunoamen-tal God-experience, moral judgments are more likely to be integrated with conscience as well as reinforcing of conscience at the level of one's fundamental choice¯ In short, discernment makes for a more prayerful, thorough, personalized, interiorized, and human process of conscience formation¯ Hopefully the discussion thus far makes clear that discernment is not dispensation from moral law, but rather an invaluable help in observing it. Rather than an "occasional exercise," discernment presupposes the cultivation of a "prayerful mode" and commitment to contemplative practice that can clarify one's vision and solidify one's dedication to truth¯ It is interesting to note that moral theologians today are showing a marked interest in a discernment approach to moral choice.6 ~,Role of the Church in Formation of Conscience ~The Church (understood as the e~n~ir'~Z~P~'o~le~f~G~d)~ qt preserves and hands down a faith-community's values, is an impor-tant, but limited agent in the evangelization of conscience¯ The teaching ~'Church is not a substitute for conscience; nor is its proper role one o~ ~Grand Inquisitor"; nor yet is it the ultimate arbiter of morality¯ Con-science is. But the Church is a privileged moral teacher and recognized ~leader that plays a significant role in thg~ilJp_mination of conscience. It d~es not create morality. Rather it helps people to discover God's de-sires for humankind which are written on the "fleshy tablets" of the hu- ~man heart¯ Not only does the Church embrace historically and cross-culturally an experience far wider than that of a single individual or cul-ture, but believers hold that the Church has special guidance from the Holy Spirit. Though the Church cannot be expected to address all the val-ues in every moral situation, it can provide norms against which people can measure their own moral judgment. Such norms protect values. Val-ues may be protected in different ways in different eras and/or cultures. Above all, the Church is eminently equipped to help form mature Chris-tian consciences that will enable people to accept responsibility for "us- Moral Issues / 6t19 ing the heads God gave them" in arriving at sound moral decisions. ~Role of-Sp~tual Director in Formation of Conscience ¯ ,Since:mOraVand~spiritual~life:should not'be d~vided~ the~d~rector ob7- ~o~s.~y ~ concerned w~th the moral choices of the directee. In the pro-cess of disce~ment, choices should be consonant with a fundamental choice of the Light and with the person's value system. Though neithe~ ~a represeatative 6fthe-teaching Church as such nor a moral judge of oth- .ers -Consc~ence~ ~n the role of spiritual dire&or, nevertheless ihe-dir~' t~r dbe~ have a responsibility to assist in the ongoing evangelization of conscience by way of enabling individuals to find their own way.- The director also needs to pay attention to his or her own blocks, biases, and unfreedoms that can arise from conflicts between the director's value sys-tem and that of the directee. The director's moral code is not normative ,for the directee. ~ spiritual director acts best as moral guide by being a witness to ~,(trut~hd pers0ndleXample Of integrity~- In addition, the director can help form consciences by appropriate interventions, pat~'e nt wa~t~ng," " compas-sionate understanding, and by maintaining a non-judgmental attitude, -~hde at the same t~me offering honest challenge. The most helpful in-tervention is attentive listening. All spiritual growth, including the evangelization of conscience, happens incrementally. This calls for pa-tience and attentiveness to the readiness of the directee in a~iving at her or his own judgments. It should be noted that self-denigration is one of the most basic moral issues with which many in direction need to deal~ Real or supposed moral lapse especially can deepen it, and this calls for compassionate understanding. Yet, good people are prone to subtle ways of rationalizing and, at times, need honest challenge. It is one thing to experience ambiguity in moral issues; it is another to refuse to wrestle with it] It is comfo~ing to remember that when difficulties arise, the same Holy Spirit who illumines discerning hea~s is also leading persons to moral integrity~ What specifically can a spiritual guide do to enable the formation of conscience? At the fundamental level of conscience, it can be assumed that the person coming for direction has made a fundamental choice of God and the pursuit of good. It would be important in making discerned moral choices that persons continue to refer back to the deepest level of their God-experience. In reference to a major life-decision affecting a per-son's deepest commitments (for example, to enter or to leave marriage, priesthood, vowed life), a director might ask: Has the directee spent shf-ficient time in serious prayer? Made a careful examen of motives? Asked 650 / Review for Religious, September-October 1990 others for feedback? It is at the reflection/assessment level of conscience that most guid-ance is sought. :S~6'~ " a "ec o be ~i~fulz ~ (1 ) In assessing moral maturity: What is the quality of the moral rea-soning process of the directee in reference to this choice? Does the per-son have a sufficiently informed conscience? Where are the blind spots? To what extent is the directee open to outside input? Is she or he making efforts to inform conscience by some reference to moral norms? (for ex-ample, Scripture, norms of his or her faith community?) Has the directee already made up his or her mind and now is unwilling to be "confused with the facts"? Does the directee rely on authority and law for some directives she or he likes, but on a subjective process of "discernment" for others she or he does not? Who will be affected and how by this moral choice? (2) In clarifying values: What values seem important to the directee (as they become visible in choices acted upon as well as spoken of!) and in what priority are they held? Does the person have sufficient clarity con-cerning these priorities? What values does the directee perceive in refer-ence to the specific moral issue with which she or he is now struggling? Is there any struggle? In "grey" areas is the directee willing to strug-gle? Has the director grappled with the same issue and know where she or he stands at present? Is the director clear about his or her own value system? What unfreedoms in the director might significantly hinder fa-cilitating the directee's discernment? (3) In establishing a prayerful mode: Is the directee bringing the is-sue to prayer/discernment: sufficiently in touch with her or his experi-ence of God? seeking inner freedom? gathering sufficient data? attentive to affective responses as options are explored and data gathered? In re-flecting on and in assessing options, does the directee feel any incongru-ence or resistance within towards one or the other option? In deciding on the action level of conscience: Does the directee trans-late moral judgments into deeds? Is she or he open to accountability? Will-ing to take responsibility for his or her actions? What are the conse-quences of the directee's moral decision for others? For self? ~Difficulties Facing Directors in Dealing with Conscience ,Since consciences differ as people do, it .is tO be expe~.cot_eod_~that diffi- ~'ulties can arise indealing with moral issues. These include: ~(1) Difference in moral conviction: When there is a difference of moral conviction on an issue with a directee (for example, divorce, Moral Issues / 651 greed, tax fraud, contraception, sexual activity, and so forth), what is the moral responsibility of the spiritual director? Although a guide in the process of moral choice rather than a teacher of morality, a spiritual di-rector must make a judgment as to whether she or he feels so strongly about an issue as to be unable to help the person deal with it. The direc-tor might pose the question: Will my own strong conviction constitute a major interference in the direction process? What would be appropri-ate to share with the directees at this time concerning my difference of conviction? (For example, a director might be absolutely unwilling to help a person "discern" an abortion.) ~(2) Inadequate social moral consciousness of the directee: What can a director do to help a person broaden the horizons of a conscience lack-ing in social consciousness or with little sense of social sin? On the one hand, the director needs to respect the value system of the directee and to respect readiness for change. On the other hand, the working alliance between the two should also have provided for appropriate challenge as a help to growth. If social consciousness seems to need broadening, a director might: (a) suggest readings to provoke thought; (b) be attentive to possible points of entry for discussion arising from life experience re-ported by a directee that can be occasions of broadening social aware-ness-- for example, a chance brush with a beggar or a personal experi-ence of discrimination; (c) suggest firsthand exposure to situations of so-cial concern--for example, volunteering time at a shelter for the home-less; (d) at times of periodic assessment (for which a good working alli-ance will also make provision), an honest and direct, yet gentle challenge may be in order. ~)(3) Distress after moral lapse: Without unduly mitigating a healthy sense of guilt that helps a person to recognize culpability and move to repentance, a compassionate director can help minimize the debilitating preoccupation that often accompanies guilt. If a person is overly dis-traught over a moral lapse, a director can help by getting the directee to contextualize it, that is, to see it in relationship to his other fundamental option and to the rest of his or her moral life. Does it reverse the funda-mental optioh? Erode it? Not substantially affect it? In addition to sin, where has grace been experienced? How might the experience of moral lapse and its aftermath (for example, a lessening of spiritual pride) been an occasion of grace? Conclusion In dealing with moral issues in spiritual direction, we have explored the meaning and relationship of moral and spiritual life and seen that the 652 / Review for Religious, September-October 1990 two should not be divided. Moral life has as one of its concerns a key aspect of spiritual life--namely, decision-making and its relationship to character formation. Discernment is not an alternative to, but an enrich-ment of moral decision-making. Both Church as moral teacher and spiri-tual director as moral guide play significant, but different and limited roles in the formation of conscience--the final arbiter of moral judgment which, in turn, must always remain open to ongoing formation. Finally, we considered some ways for a spiritual director to deal with difficulties that arise in dealing with moral issues. Hvopefully, both Church and spiritual director will provide teachi~g~ find guidance that will enable folks, as-Mom says, "to use the heads God !~ga,~ethem to think for themselves!" That might give both the terms moral and spiritual life better press! You know, as I think of it, my mother was and continues to be my first (and probably my best!) profes-sor of moral and spiritual theology! Exercise Can you think of a situation in which your moral judgment differed from that of a directee? One in which the directee's was in conflict with Church teaching? What did you judge as your own moral responsibility towards the di-rectee? How did this affect your ability to discern as spiritual director? How did you try to discern what you should share with the directee? What aided your discernment? NOTES ~ See B. Haring, Free and Faithful in Christ, Vol. I (New York: Seabury, 1978), pp. 2-3. 2 Ibid, p. 253. 3 K. Rahner & H. Vorgrimler, Theological Dictionary (Herder & Herder, 1968), p. 95. 4 "Gaudium et spes," (n. 16) The Documents of Vatican II, W.M. Abbott, ed. (New York: Guild Press), p. 213. 5 R.P. Stake, "Grounding the 'Priest-Penitent Privilege' in American Law," Con-fidentiality in the United States (Washington, D.C.: CLSA, 1988), p. 151. 6 For example, see Tracing the Spirit, J.E. Hug, ed. (New York: Paul ist, 1983), pp. 379ff. Should Spiritual Directors Be Licensed? Timothy Brown, S.J. and Harriet A. Learson Father Timothy Brown, S.J., is assistant professor of law in the Sellinger School of Business and Management, Loyola College in Baltimore, Maryland. Harriet Lear-son, M.B.A., M.A., is a senior management consultant, Right Associates, in Phila-delphia, Pennsylvania, and is a practicing spiritual director. Correspondence may be addressed to Loyola College; 4501 North Charles Street; Baltimore, Maryland 21210- 2699. In today's service-oriented society, one can hardly avoid the media's al-most daily reports about the issue of malpractice. Doctors, lawyers, psy-chologists, psychiatrists, and human service professionals are becoming increasingly liable and vulnerable to public scrutiny regarding their prac-tices, philosophies, and ethics. In an editorial in the Jesuit publication Human Development Father James Gill, S.J., a Jesuit psychiatrist, raised the question of licensing spiritual directors. He comments: Haven't we reached a point in the Church's history when a group of well-trained and experienced spiritual directors can come together and deter-mine what type and amount of preparation would entitle a candidate to be licensed as a spiritual director? For the self-confidence of the direc-tors, no less than the well-being of their directees, a board of examiners and a certifying process comparable to those maintained by clinical psy-chologists, nurses, and physicians should be created. These profession-als have, in conscience, set high standards for their performance for the sake of their clients. We who are given access to the deepest recesses of souls should hardly be less conscientious. I There has been an outpouring of lawsuits against Churches and clergy as a result of alleged malpractice in recent years. The term that 653 654 / Review for Religious, September-October 1990 has been coined is clergy malpractice which covers a wide variety of torts and crimes including child abuse, paternity suits, and intentional inflic-tion of emotional distress. The constitutional questions, under both state and federal Constitutions, oftentimes deny a cause of action because of the First Amendment issue of separation of Church and State. A number of cases have come to the attention of the media in the area of clergy mal-practice. One of the most noteworthy comes from California, Nally vs. Grace Community Church.2 In this case, parents whose son committed suicide brought an action against a church and church-related counselors, alleging negligent coun-seling and outrageous conduct which ultimately led to the death of their son.3 I. Constitutional Issues in Nally Vs. Grace Community Church Kenneth Nally committed suicide after having become part of a re-ligious organization that his parents alleged suggested to his son that, if you kill yourself, you will go to heaven. His parents brought suit against the Grace Community Church of the Valley, a fundamentalist sect, lo-cated in Southern California. The parents sued the church and four pas-tors for malpractice, negligence, and outrageous conduct. They con-tended that the church's evangelical fundamentalist teachings "in-culcated in their son the belief that he had betrayed Christ's love and trust, and otherwise exacerbated Ken's preexisting feelings of guilt, anxi-ety, and deep depression with the knowledge that these acts would in~ crease the tendencies of Ken to attempt to take his own life."4 The church countered that the young man had been examined by five physi-cians and a psychiatrist after an earlier suicide attempt and that the coun-selors had arranged or encouraged many of these visits. A trial judge dis-missed the case after the close of the plaintiff's case, 5 and the case was appealed. The appellate court reversed the trial court's nonsuit of the negli-gence and outrageous conduct allegations against the Grace Community Church and several of its pastoral counselors. They held that the Church's counselors negligently failed to refer this suicidal youth to those authorized and best suited to prevent his death.6 Associate Justice Johnson writing for the majority began the opinion by clearing up the confusion regarding the issue of clergy malpractice: The court., does not view the causes of action discussed in our opin-ion to involve 'clergy malpractice.' Instead, we see them more accu-rately characterized as 'negligent failure to prevent suicide,' and 'inten- Should Spiritual Directors Be Licensed? tional or reckless infliction of emotional injury causing suicide'- which negligence and intentional or reckless acts happens to have been committed by church-affiliated counselors. In our view this case has lit-tle or nothing to say about the liability of clergymen for the negligent performance of their ordinary ministerial duties or even their counsel-ing duties except when they enter into a counseling relationship with sui-cidal individuals.7 The church appealed the ruling by the California Court of Appeals for the Second District. After eight years of litigation after the suicide of Kenneth Nally, the Supreme Court of California in a 5-2 opinion held that the "legal duty of care" imposed by the State on licensed praction-ers did not apply to the clergy.8 Chief Justice Lucas writes: "Neither the legislature nor the courts have ever imposed a legal ob-ligation on persons to take affirmative steps to prevent the suicide of one who is not under the care of a physician in a hospital. Imposing such a duty on nontherapist counselors could have a deleterious effect on coun-seling in general and deter those most in need of help from seeking treat-ment out of fear that the private disclosures could subject them to invol-untary commitment to psychiatric facilities."9 The California court notes the California legislature's recognition that "access to the clergy for coun-seling should be free from state imposed counseling standards." to Two other Justices agreed that the case should be dismissed but said the defendants did have a legal duty of care but that the evidence showed the pastors never breached it or contributed to the man's death. The Court unanimously dismissed the case. II. Spiritual DirectionmA Definition Whether spiritual directors should be licensed to prevent the kind of tragedy described in the Nally case is a question that is presently being debated by many in the field. Spiritual direction has a very broad con-notation. It can be defined as an interpersonal situation in which one per-son assists another person to growth in the spirit, in the life of faith (prayer), hope (difficulties), sufferings (trials), and love (the person's life in the Christian community). 1~ Spiritual direction may better be defined by what it is not, rather than by what it is. Spiritual direction is not pri-marily information even though it may be the occasion for sharing ideas. It is not primarily therapeutic even though there are times when issues of mental and psychological need get discussed. It is not seen as primar-ily advisory although in many situations good advice is imparted. Spiri-tual direction is viewed as primarily the opportunity to get clarification and discernment. How this gets accomplished is by discussing the prayer 656 / Review for Religious, September-October 1990 life and spiritual life of the directee so as to shed some light on what is happening in the life of faith, hope, and love in relation to God. In spiritual direction, the directee tries to describe to a spiritual di-rector his or her prayer experiences. The subject matter of that discus-sion constitutes such areas as when prayer happens, how often, how, what actually happens in the prayer period, other daily life issues such as anxiety over family, job, day-to-day depressions, joys, consolations and desolations, issues of tolerance, patience, and possible manipulation of others. The director's role is to help the person to objectify those per-sonal experiences, to assist by asking appropriate questions in order to gain some clarity on the directee's personal issues. The spiritual direc-tor is interested in helping the directee in the life of prayer so that the relationship with God and the men and women with whom they live and work can become strengthened and enhanced. III. Basic Skills Required of a Spiritual Director At the Jesuit Spiritual Center in Wernersville, Pennsylvania a com-petency profile was developed in an effort at concretizing and articulat-ing the requisite personal qualities, knowledge, skills, and graces to do spiritual direction. Here are some of the standards that were established in that study: 1. Personal Characteristics/Qualities A. Living a vital spiritual life B. Being a recipient oneself of spiritual direction C. Docility to the Spirit D. Kindness E. Gentleness F. Psychological Maturity G. Initiative H. Having a broadly lived human experience J. Stability K. Respect for confidentiality L. Sociability M. Detachment N. Productivity 2. Knowledge A. Lived experience in the Christian tradition B. Christian Doctrine/tradition C. Sacred Scripture D. Christian mystical/ascetical traditions E. The Spiritual Exercises Should Spiritual Directors Be Licensed? / 657 F. Ecclesiology G. Grace H. Christology J. Vatican II K. Justice L. A psychological matrix (theory & language) M. Jungian Psychology 3. Skills/Abilities A. Intrapersonal (affective awareness) B. Discernment C. Listening D. Clarifying E. Diagnosing F. Prescribing G. Judgment H. Common sense J. Interpersonal Skills K. One-on-one L. Group M. Trustworthiness 4. Graces A. Spiritual freedom B. An ongoing call to this work by others C. Called by grace to this work D. Seeing the Gospel happening~2 IV. Ministerial Malpractice Malpractice refers to professional misconduct or the failure of one rendering services in the practice of a profession to exercise the degree of skill and learning normally applied by members of that profession in similar circumstances.~3 The traditional elements necessary to state a cause of action in negligence have beenstated by Prosser as: 1) a duty, or obligation, recognized by the law, requir-ing the actor to conform to a certain standard of conduct for the protection of others against unreasonable risks; 2) a failure on his part to conform to the standard re-quired; 3) a reasonably close causal connection between the con-duct and the resulting injury; and 4) actual loss or damages resulting to the interests of an-other. 14 Review for Religious, September-October 1990 The problem that the courts would face in trying to construe a duty, and then defining that duty in the area of spiritual direction, is in attempt-ing to define what falls within the parameters of the spiritual as opposed to psychological counseling. How would a court make some kind of de-termination as to whether a directee's problem is, in fact, a spiritual or psychological one. The reason that distinction is so necessary is to safe-guard and protect members of the clergy involved in spiritual direction. Father John English, S.J. has written that the distinction between spiri: tual and psychological counseling is oftentimes a fine one. He comments that "although it may be helpful for the director to distinguish between psychological and spiritual counseling, these realities are not distinct within the person being counseled. And the concern is always with the total person." ~5 There are occasions when a director can see that the real need in direction is no longer to facilitate growth in relationship with God but instead to move the person into a psychological counseling setting so that other issues in the directee's life can better be addressed. What are some of the occasions when someone should be referred to therapy? One spiritual director, Mercy Sister Maureen Conroy, R.S.M. regards three situations as clearly signals to refer. They are: 1) when a person experiences serious psychological and emotional disorders, including depression, severe neuro-sis, suicidal tendencies, psychosis; 2) when more time needs to be spent exploring a present life issue, such as a marital problem; and 3) when specific therapeutic skills are needed to explore the conscious and unconscious effects of past life expe-riences, such as sexual abuse or emotional neglect in child-hood. 16 The Supreme Court of California in the Nally case addressed the is-sue of referral of seriously ill directees. Regarding the duty as to "whether the court should impose a duty on defendant and other 'nonth-erapist counselors' (that is, persons other than licensed psychotherapists who counsel others concerning their emotional and spiritual problems) to refer to licensed mental health professionals once suicide becomes a foreseeable risk," the court said no.~7 In determining the existence of a duty of care in any given case, a number of factors were considered, including: "the foreseeability of harm to the injured party, the degree of certainty that he suffered injury, the closeness of the connection be-tween defendants' conduct and the injury suffered, the moral blame at-tached to (defendants), the policy of preventing future harm, the extent Should Spiritual Directors Be Licensed? / 659 of the burden to the defendants and consequences to the community of imposing a duty to exercise care with resulting liability for breach, and the availability, cost, and prevalence of insurance for the risk in-volved. ' ' 18 The court cautiously noted the inappropriateness of imposing a duty to refer in areas involving spiritual counseling because of the very na-ture of the relationship. So many times those relationships are informal, spur of the moment, and gratuitous. The foreseeability of harm may not always be recognized in a one hour session with a disturbed directee. The court concluded by saying that "imposing a duty on defendants or other nontherapist counselors to. insure their counselees [are also] under the care of psychotherapists, psychiatric facilities, or others authorized and equipped to forestall imminent suicide could have a deleterious ef-fect on counseling in general." 19 The California legislature has exempted the clergy from any kind of licensing requirement applicable to "mar-riage, family, child and domestic counselors, and from the operation of statutes regulating psychologists.' ,20 The court took note that the reason why the legislature has exempted clergy from licensing is in order to ex-plicitly "recognize that access to the clergy for counseling should be free from state imposed counseling standards, and that the secular state is not equipped to ascertain the competence of counseling when performed by those affiliated with religious organizations.''2~ V. The Difficulty of Devising Workable Standards For Determining Negligence Along with the difficulty the court recognized with arriving at some kind of workable standard of competency to be established in religious counseling situations, the Nally court also noted the added problem of identifying to whom the duty of duc care should be applied. It would be an immense task to define what exactly constitutes a spiritual direction relationship. Who qualifies as aspiritual director (only the ordained? mem-bers of religious orders?) as well as trying to resolve the issue of relig-ious diversity demonstrates difficulty in determining in what context the interaction is framed. There are all kinds of First Amendment issues in-volved as well. The court expressed the dilemma writing: "Because of the differing theological views espoused by the myriad of religions in our state, and practiced by Church members, it would certainly be impracti-cal and quite possibly unconstitutional to impose a duty of care on pas-toral counselors. Such a duty would necessarily be intertwined with the religious philosophy of the particular denomination or ecclesiastical teach-ings of the religious entity.' ,22 66{I / Review for Religious, September-October 1990 Establishing some kind of criteria of competency that a court could apply would always involve a state intrusion into the realm of religious doctrine and practice. The state would be put in the position of asking whether a particular religious practice was indeed being employed, a par-ticular teachin~g applied correctly, a particular style of spirituality or dis-cernment used properly. All these determinations entail a great deal of state entanglement in sectarian matters. In 1971 the Supreme Court in Lemon vs. Kurtzman,23 adopted a three prong test to decide whether a government activity violates the Estab-lishment Clause of the First Amendment. The test requires that: 1) The purpose of the action be clearly secular; 2) The primary effect of the action must neither advance nor inhibit religion; and 3) the activity may not result in excessive government en-tanglement with the religion.2a Any kind of judicial enforcement of some kind of standard of com-petency for spiritual directors would fail the Lemon vs. Kurtzman test on all three points. The effect of the government overseeing the practices of spiritual directors would more than likely inhibit some of the freedom required to explore, discern, and clarify issues in spiritual direction. The potential for excessive church-state entanglement in the area of enforce-ment of guidelines for direction is limitless. Any standard of care applied in determining qualified licensed prac-tioners in the field of spiritual direction would involve some sort of check as to whether the practice was in step with the religious criteria set forth in the religious teachings of the sect. At best it could be argued that some minimum standard of.training and competence to protect the public from religious fanatics, charlatans, or frauds might be established, but any full-fledged licensing would stifle First Amendment freedom and inhibit re-ligious practice. VI. Difficulties in Establishing a Standard of Care for Spiritual Di-rectors Looking at the Competency Profile of the Jesuit Spiritual Center, one wonders how a court would be able to determine what constitutes com-petency when the spiritual qualification requirements of directors include such characteristics as: 1) Living a vital spiritual life--a life of charity; 2) Habitual experience of individual prayer; 3) A life of Charity .toward all peop!e coupled with an awareness of the w~der needs of the human family; Should Spiritual Directors Be Licensed? / 661 4) An evermore intense interior experience; 5) An ever-growing delicacy of conscience; 6) Kindness--having and showing a benevolent readi-ness to intend the good of others; 7) Giftedness--honoring another's perceptions, judg-ments, and person; a non-defensiveness of spirit, pa-tience, and sympathy; 8) Psychological maturity--free from crippling emo-tional, mental, or volitional habits of a neurotic nature; 9) Sociability--the ability to interact with a variety of per-sonalities; 10) Knowledge--lived experience in the Christian tradi-tion; 1 1) Skills and abilities--interpersonal awareness of one's interior mental and emotional states; 12) Discernment--the experiential knowledge of self in the congruence of the object of choice with one's funda-mental religious orientation; 13) Judgment--the ability to form wise opinions, esti-mates, and conclusions from circumstances presented to the director; 14) Graces-spiritual freedom --without undue influence of disordered affections and attachments; 15) An inner suppleness of character.25 Looking over this list of characteristics needed to be a competent spiri-tual director one could see the difficulty that a court of law would have in trying to render a determination of standards which would meet licens-ing requirements. Courts are not in any position to evaluate the content of the prescribed qualifications. Aside from the obvious First Amend-ment problems found in making judgments on what grace, kindness, char-ity, and other criteria operative within the practice of spiritual direction are, licensing could discourage and diminish the gifts of both the direc-tor and directee. It is the view of the authors that licensing, evolving in the current secula¢ context, goes against the very grain of what spiritual direction is all about and could do a real disservice to those who enter into a direction relationship fearing lawsuits. It could also have a chill-ing effect on directees as well. There is something unique, healing, and very human about spiritual direction as a growth process if we view it as art, science, and discipline. 662 / Review for Religious, September-October 1990 VII. Some Final Observations In reviewing the current legal opinions regarding malpractice in the area of spiritual and pastoral counseling, the authors present several ob-servations. --Licensing spiritual directors is clearly a prophetic question as pro-posed by Gill and is coming increasingly into its own time. The issues surrounding licensing are complex, profound in their implications, dis-turbing, and hopeful as we look at the work of defining the criteria for training, developing, and evaluating competent directors. --Defining what competencies are needed in a spiritual director in different schools of spirituality, religious groups and sects, and what con-tent needs to be included in their training programs producing such pro-fessionals is a challenge that is only beginning to be publicly addressed, discussed, or attempted. --In light of the current legal findings and opinions, spiritual direc-tors need to demand and seek training that is concerned with addressing issues of competency as defined by the required knowledges, skills/ abilities, and personal characteristics/qualities reflecting their spiritual tra-dition towards achieving competency in the training of spiritual direc-tors. --First steps would be for practitioners in the field to come together in a spirit of open inquiry, genuine unselfish concern, and humble aware-ness of the enormity of the task to be accomplished. Developing semi-nars and forming associations or professional forums could provide prac-titioners the milieu to discuss, study, and outline priorities and action steps towards the establishment of professional criteria and guidelines for training, developing, and evaluating spiritual directors. NOTES Gill, "License Spiritual Directors?" 6 Human Development 2 (Summer, 1985). Nally vs. Grace Community Church, 204 Cal. Rptr. 303 (Cal. App. 3 Dist. 1984). Ibid, at p. 303. 4 Ibid, at p. 303. 5 Ibid, at p. 303. Nally vs. Grace Community Church, 253 Cal. Rptr. 97, 1988. lbid, at p. 219. 8 lbid, at p. 105. 9 Ibid, at p. 105. ¯~o Ibid, at p. 105. Jesuit Center for Spiritual Growth, Competency Profile. ~2 Restatement (Second) of Torts 299A (1977). t3 Ibid. ~4 W. Prosser, Law of Torts (1966). 15 j. English, Spiritual Freedom (1975). 16 M. Conroy, Growth in Love and Freedom (1987). 17 Nally vs. Grace Community Church, 253 Cal. Rptr. 97 at p. 106. Should Spiritual Directors Be Licensed? / 663 18 Ibid, at p. 106. 19 Ibid, at p. 103. 20 Ibid, at p. 108. 21 Ibid, at p. 108. 22 Ibid, at p. 109. 23 Lemon vs. Kurtzman, 403 U.S. 602. 24Ibid, at p. 60. 25Jesuit Center for Spiritual Growth, Competency. The Risk You take a risk when you invite the Lord Whether to dine or talk the afternoon Away, for always the unexpected soon Turns up: a woman breaks her precious nard, A sinner does the task you should assume, A leper who is cleansed must show his proof: Suddenly you see a hole in your roof And a cripple clutters up your living room. There's no telling what to expect when He Walks in your door. The table set for tea Must often be enlarged and decorum Thrown to the wind. It's His voice that calls them And it's no use to bolt and bar the door: His kingdom knows no bounds-~of roof, or wall, or floor. Marcella M. Holloway, C.S.J. 6321 Clemens Avenue St. Louis, Missouri 63130 Prayer as Desire: An American ViewI Richard E. Lamoureux, a.a. Father Richard E. Lamoureux, a.a., has been provincial for the Augustinians of the Assumption. His address is Assumptionist Center; 330 Market Street; Brighton, Mas-sachusetts 02135. The contemporary American artist Andrew Wyeth teaches us a good deal about prayer. Many of his paintings, depicting everyday objects--a bowl of fruit, a cookie jar, a cooling blueberry pie--invite a quiet, simple gaze. But it is not just Wyeth's spare, silent scenes that lead us in the direction of prayer. So many of his portraits are unconventional inas-much as they present the subject turning away from the viewer, appar-ently looking for something in the distance. Forrest Wall, shown in the Man from Maine (1951), turns his back to us and peers out a window partially visible on the right. Elizabeth James, in Chambered Nautilus (1956), does the same from her sick bed. What may be Wyeth's most famous painting depicts Christina Olsen (Christina's WorM, 1948) sit-ting in the field below her home, straining with all her might in the di-rection of the house as if she might return there on the strength of her desire despite the palsied legs that restrict her to the ground. Two of his most beautiful paintings are portraits of Jimmy Lynch. One (The Swinger, 1969) shows him on a porch swing looking off into the dis-tance; the other (Afternoon Flight, 1970) catches him similarly absorbed. What is it on the horizon that draws his gaze?2 This most American artist explores a dimension of our existence that I would consider to be a central ingredient in prayer. In what follows, I want to explain how longing or desire is at the heart of prayer and how desire has fared in our recent American experience. Finally, I will sug-gest a way to address the particular challenge that faces us as American 664 Prayer as Desire / 665 women and men of prayer. No one has explained better than Saint Augustine how desire is re-lated to prayer. Sometime at the beginning of the fifth century, Augustine received a letter from Proba, a Roman woman whose husband had just died.3 Her purpose in writing was to ask a simple question: can you tell me something about prayer that would be helpful? In his response, Augustine writes unexpectedly at great length about widowhood and then tries to explain how it relates to prayer. For example, he says to Proba: What characteristic of widows is singled out if not their poverty and deso-lation? Therefore, insofar as every soul understands that it is poor and desolate in this world, as long as it is absent from the Lord, it surely commends its widowhood, so to speak, to God its defender, with con-tinual and most earnest prayer (p. 400). Augustine very simply reminds Proba that her widowhood, that is, her experience of loss and especially her desire for presence once again, is a precious opportunity to learn about prayer. If you would want to pray, Augustine seems to be saying, begin with the experience of desire or longing. Augustine, then, defines prayer primarily as desire. Words and pi-ous activities, which we normally think of as prayer, are useful only to the extent that they intensify our desire for God. They are necessary, he writes, so that we may be roused and may take note of what we are asking, but we are not to believe that the Lord has need of them . Therefore, when we say "Hallowed be thy name," we rouse ourselves to desire that his name, which is always holy, should be held holy among men and women also . . . (p. 391). Desire then is synonymous with prayer. In relating the two in that way, Augustine teaches us three very important lessons about prayer. First, prayer is really very simple. It is as natural for human beings as desire is. And desire, as we all know, is a universal human experience. It is as natural for a person to pray as it is for a person to desire. And a person who desires is a person who can pray. Second, by defining prayer in terms of desire rather than in terms of methods or formulas or actions, Augustine more clearly situates it as a function of the human heart. There is little that is more personal to us or that we are more hesitant to divulge than our desires. And Augustine would have us understand that it is precisely in that most intimate and personal place that prayer is born and grows. 666 / Review for Religious, September-October 1990 Finally, by relating prayer to desire, Augustine helps us to under-stand that we can grow in prayer, for taking our desires seriously is a stimulus to such growth. He develops this idea in his letter to Proba and most especially in the Confessions. To Proba he writes: God wishes our desire to be exercised in prayer that we may be able to receive what he is preparing to give (1 Co 2:9) . Therefore, it is said to us: "Be enlarged, bear not the yoke with unbelievers" (2Co 6:13, 14), (p. 389). Desire helps to enlarge the heart. Augustine would claim that by fan-ning the flame of desire, we will become more able to recognize God's gift when it is offered and to appreciate it to the extent that it deserves. In the Confessions Augustine explains even more clearly how tak-ing our desires seriously is a stimulus to growth in prayer and can lead to deeper faith and intimacy with God. These desires are a complex re-ality ["Who can unravel that complex twistedness?" (II, 10)4] But rather than shy away from the complexity, Augustine sets out on a long journey precisely to get to the bottom of those desires. He goes all the way back to his earliest desire for the milk from his mother's breast, then recalls the games of his youth, and also the longing for wisdom when he read Cicero. With anguish, he remembers the burning desires that char-acterized his early relations and the resistance he put up to other desires lurking in his heart. "My soul turned and turned again, on back and sides and belly, and the bed was always hard" (VI,16). Augustine's long journey through the labyrinth of his soul was marked by a painful experience of desires at war with each other, but even more so by a confidence that the battle waged in all honesty and with his friends would lead to a liberation of his deepest desire, one that he came to understand could only be satisfied by God. "Behold thou art close at hand to deliver us from the wretchedness, of error and estab-lish us in thy way, and console us with thy word: 'Run, I shall bear you up and bring you and carry you to the end' " (VI, 16). Augustine took all of his desires seriously, even those that troubled him and brought him to tears, because he believed that all of them were in some way, at times in some distorted ways, a path to the deepest craving of the human heart. He seemed sure of God's love and also confident that deep within his own heart was an enormous love for God: "Thou hast made us for thy-self." (Confessions I, 1). Those are convictions we all find hard to come by, but they are crucial for growth along the way of prayer. To summarize then and to make the point clearly: for Augustine prayer is not more complicated than giving free rein and full expression Prayer as Desire / 66"/ to the sometimes confused desire for God that God has placed in our hearts. As he writes in his commentary' on the first letter of St. John: "Love and do what you will." Or perhaps I can say: "Desire and do what you will." Now, that may sound simple, but there are a few complicating fac-tors, some of which Augustine was aware of. Many of the complicating factors, however, are particular to our own time and culture; they are the shadow side of the cultural qualities we cultivate in the United States. One of the recent most popular movies, Dead Poets Society, is a se-rious indictment of American culture. It tells the story of a private pre-paratory school in the United States in 1959, where faculty and student body alike hold in highest esteem the pursuit of successful careers and high social status. Along comes an eccentric poetry teacher, effectively portrayed by Robin Williams. He succeeds in opening a few sleepy, even blind eyes, urges his students to ("carpe diem") "seize the moment," and awakens them to the excitement of poetry. Dull, distracted boys be-come spirited young men full of powerful desires. They found their own secret society where dead poets--and dead students-~come back to life. The movie was successful, I suppose, because it touched a sensitive chord in our American hearts. Though we are reluctant to admit this, the movie helped us see that we might be dull people, men and women with-out longing, without desire. But you might object: "Doesn't every human being desire some-thing?" As I reflected on the movie, I came to understand that for a va-riety of reasons and in different ways desire has been drained from our hearts. I could see it happening in four or five different ways. At other times and in other contexts, I might present the following items in a much more positive vein, as qualities that are proper to us as Americans. But in the context of this discussion on desire, what might be consid-ered the merits of our particular American way of living and looking at things becomes a liability. 1) In our day, in this country, by hard work, ingenuity, abundant natu-ral resources and a little bit of luck, we have attained a level of material satisfaction that enables us to meet most of our needs. We acknowledge that there are unsatisfied needs in us, but we are also confident that the only kinds of needs we have are needs that we can eventually satisfy our-selves. And if it takes too long to satisfy them, we energetically look for and usually find other remedies; there are many "quick fixes" we can turn to. But then if all the needs are satisfied, what is there left to de-sire? I am not simply condemning American materialism, nor am I re- Review for Religious, September-October 1990 ferring here to the unrestrained pursuit of pleasure and sensual satisfac-tion. Instead, I am suggesting 'that the level of material security we en-joy may be having a subtle, debilitating effect on our capacity to long for less material goods. When the Israelites complained to Jeremiah that it would be preferable to return to Egypt rather than remain in exile, he urged them to stay where they were for Yahweh was with them. Instead, however, they returned to Egypt "where at least they would not hun-ger" (Jr 42:1~4). It is not pleasant to be hungry, but can we live without desire? We can call this sort of person "the comfortable self," and the "comfortable sell'' has few desires. 2) Today especially we seek to be creative and responsible members of the human race. We are inclined to set aside as somewhat irrelevant and escapist distractions those vague interior Iongings that apparently can never be satisfied: there is too much in the world to do and no time to lose. We tend to set aside the simple and less gifted i~mong us and have little patience for wasted time and effort. In Bonfire of the Vanities, Tom Wolfe would say that our ambition is to be a "Master of the Universe," and we are convinced we just might succeed. The "creative, functional sell''has little time or. need for vague longings and can realize his desires by rolling up his sleeves. 3) Psychology has helped us uncover, identify, and explain many of our desires. But Freud would also have us demystify these desires, re-duce them to understandable drives, and either "manage" them so they do not interfere or banish them completely. The "psychological sell" runs the risk of reducing desires to insignificance by denying them the possibility of any transcendent origin, significance, or purpose. 4) Dead Poets Society points an accusing finger at a society drained of desire and life. But I think the movie suffers from the sickness it is trying to identify. Note the poets that are quoted in the movie: they are almost exclusively what we call the romantic poets. Other sections of the poetry anthology used by the students are ripped out. No mention of Shakespeare or Homer, Milton or Hopkins. Why should we read poetry, according to this movie? For the excitement of it, I gather. The movie seems to say: it does not really matter what you give your life to as long as you feel passionately enough to give your life. I admire the passion, but it is a self-destructive passion, self-preoccupied, narcissistic. Really, in the end, no passion at all. The desires of the "romantic sell'' self-destruct in a beautiful, but tragically brief burst of flame. 5) Finally, a word about the "tolerant sell'' and what that, in its most recent form, has done to desire. In many ways I consider this to Prayer as Desire / 669 be the most serious attack on desire in our day, and I will discuss it at greater length.5 The founders of our country, acutely aware of the reasons for which Europeans came to these shores and the political struggle that led to in-dependence, enshrined the principles of freedom and equality at the heart of our Constitution. They did so in revolt against oppression in the coun-tries they came from, to assure that in this new regime each person would be free to profess and practice the religion of one's choosing or none at all. In order to assure that no one religion would be given ascendancy and that all religions would be considered equally valid. Such liberty and equality imply a prior commitment to tolerance. As Locke had earlier suggested,6 not only does tolerance forestall religious wars and oppression, it would seem to be synonymous with Christian char-ity. We should hesitate to tamper with a doctrine such as that of toler-ance, which has brought us many blessings, but there may be some side effects that need to be taken into account. If tolerance leads us to assert that all religions are equally valid, then it seems inevitable that at some point one will begin to wonder whether it is worth embracing this par-ticular religion rather than another., or any at all. Tolerance as the paradigmatic American virtue in religious matters erodes conviction and desire; it all too often leads to indifference and loss of confidence.7 Let me explain with a non-religious example. For one person, work-ing hard to provide housing for the homeless is an important "value"-- to use that word as we are accustomed to using it today. For another per-son, earning a million dollars a year and dining at a 4-star restaurant five nights a week is a "value" she or he would hold to with as much, per-haps even more vigor. In a society where tolerance is the paramount vir-tue and where there can be no criteria for ranking so-called "values," our social worker has no right to consider his "value" more important than that of the millionaire. I think that is the conclusion we have to draw, and my guess is that our "tolerant" selves would be reluctant to draw any other. In that case, I could easily imagine the social worker, returning home after a frustrating fifteen-hour day, and exclaiming in quiet desperation: "why bother?" If all "values" are equal, our social worker will begin to doubt the real worth of what she or he is doing and be drained of passion or desire for the cause being promoted. Tolerance is a great American virtue. It protects us from oppression and even allows us to be critical of the regime. But the brand of toler-ance practiced today also exacts a high price. It can drain our soul of all 670 / Review for Religious, September-October 1990 passion. Without passion or desire, the "tolerant self' will find it very difficult to pray. The comfortable self, the creative self, the psychological self, the ro-mantic self, the tolerant self--so many ways in which desire has been disarmed. It has been disarmed or short-circuited. What keeps desire alive has been eliminated. Etymologically, the word "desire" with its reference to "sidera," the stars, suggests that without an object that tran-scends the self, desire that is not created by the self, or under its con-trol, or in any way dependent upon the self, desire quickly evaporates. I think the social and political consequences of diluted or disarmed de-sire have been considerable, but in the context of this discussion I want to draw attention to the consequences for our faith and our prayer as well. So, how do we recover desire? The question is an old one. It already appears in the Gospel. But, as I have tried to explain above, our American context leads us to pose it in a particularly acute way. It should not come as a surprise that since we Americans are closest to the problem that it is we Americans who have also hit upon a solution. I think that Alcoholics Anonymous and its 12-step program, begun in this country some fifty years ago, may be helping us rediscover desire and could be more helpful to those wanting to pray than any crash course on meditation.8 This may come as a surprising suggestion. But consider some of the more traditional methods used to foster growth in prayer. Among the early desert fathers and mothers, one popular and effective method (known in the Russian Orthodox tradition today as "starchestvo") is a practice whereby the novice reveals to his spiritual master all of his in-terior thoughts and feelings and humbly seeks help in discerning what God calls him to through these apparently confused experiences.9 Augustine himself sought to grow in prayer by telling story after story of how he pursued one way then another in search of happiness and peace. Ignatius of Loyola in the sixteenth century devised a system of spiritual exercises, whereby the one seeking to grow spiritually reveals the promptings of his heart to a spiritual guide who helps him interpret and discern the desires that will lead to growth. Ignatius even urged that his followers, members of his Society, regularly "manifest their con-science" to their superiors, much like the monks in the desert, in order to gain enlightenment. Those are the traditional methods of spiritual growth, but for some reason today for many they are not working, or we are not inclined to take them seriously. But many are taking the 12 steps seriously. One of Prayer as Desire / 671 the insights on which the 12-step method is based is the importance of recounting, at a meeting or to a sponsor, the story of one's desires-- desires for alcohol, for sex, for food, desires that have run out of con-trol, but also a desire, perhaps only a small spark at the outset, but a de-sire for sobriety. It is in the telling and the retelling of the story that the desires are sorted out, that the healthiest sparks are fanned into stronger flames, and that one begins to come to deeper serenity and happiness. Why does the 12-step program work? Because I begin to name desires rather than blindly accede to them, proudly condemn them, or run from them in fear. Because I acknowl-edge that a power greater than I alone guides human affairs, inspires hu-man desires, and fulfills the deepest among these: the desires I can sat-isfy will not bring peace to a restless heart. Because I acknowledge that in addition to that power other people are necessary to test my desires and help me keep the best alive. Because I know that helping others will intensify my own desire at the same time as it helps another. I cannot explain adequately in this context the effectiveness of the 12-step program. I am grateful to those friends and confreres who have given me some understanding of the 12 steps and for their own witness to the program's power. They could better make the point I want to make. Beneath the program is an understanding of life deeply consonant with the Gospel and, I would maintain, profoundly nourishing for one's life of prayer. Remember Augustine's words to Proba: Insofar as every soul understands that it is poor and desolate in this world as long as it is absent from the Lord, it surely commends its wid-owhood, so to speak, to God its defender, with continual and most ear-nest prayer (p. 400). Prayer is impossible if you start from a distorted understanding of the Gospel. As Americans, our comfortable self may be too sated to seek a Savior, our creative self may lead us to think we can save ourselves, our psychological self may convince us that the desire for a Savior is escapism, our romantic self may consider the desire an end in itself, our tolerant self may think open-ness and tolerance are identical with love. The Gospel, the writings of Augustine, and the 12-step program re-flect both more skepticism and more confidence about human nature than any of these false selves. They are not so afraid or angry with their hu-manness that they deny or disregard their desires, but they do not accept 672 / Review for Religious, September-October 1990 that responding to the most pressing desires will necessarily lead to the greatest happiness. They are deeply confident that their deepest desires can be satisfied, but have surrendered the illusion that they can or must explain or satisfy those desires on their own. They, like St. Paul, refuse to judge and condemn themselves, and certainly not others, but they cou-rageously and unambiguously name the desire that has led them to dis-aster and they can say: "My name is Richard or John or Dorothy, and I am an alcoholic!" Many are seeking new ways to pray, and a 12-step meeting is hardly an ancient method. But if I were to suggest the practices of sacramental confession or spiritual direction as ways to grow in prayer, many would not take note. Something has happened to our traditional practices or our use of them that has made them seemingly ineffective. What I am sug-gesting is that the 12-step program with its emphasis on confession/ story telling, community, and commitment to service--is a contempo-rary method that I feel convinced can teach us how to pray. I cannot help but believe that God is attentive to the simple prayer of a recovering al-coholic, a wounded person full of desire, who speaks with the words of the psalmist: God, you are my God, for you I long. For you my soul is thirsting. My body pines for you like a dry, weary land without water. So I gaze on you in the sanctuary to see your strength and your glory, for your love is better than life. My lips will speak your praise, so I will bless you all my life. NOTES ~ A first version of this paper was presented as the keynote address for a Conference at Assumption College, Worcester, Massachusetts, entitled "Prayer--A Psychologi-cal Perspective." I am grateful to the organizers of the Conference, Dr. George Scar-lett and Rev. Edgar Bourque, A.A., for their invitation to address the Conference. 2 These paintings are reproduced in Davis McCord and Frederick A. Sweet, Andrew Wyeth (Boston: Museum of Fine Arts, 1970). 3 Quotations from Augustine's letter are taken from The Fathers of the Church-- Saint Augustine: Letters Vol. II (New York: Fathers of the Church, Inc. 1953). 4 Quotations from the Confessions are taken from the translation by Frank J. Sheed in The Confessions of St. Augustine (London: Sheed & Ward, 1984, original edition 1944). 5 Although many have discussed this notion, the most thorough and cogent discus-sion recently is in the book by Allen Bloom, The Closing of the American Mind (New York: Simon and Schuster, 1987). 6 See John Locke, A Letter Concerning Toleration, ed, by James H. Tully (Indian- Prayer as Desire / 1573 apolis: Hackett Publishing Co., 1983). 7 In J. Hector St. John Crevecoeur, Letters from an American Farmer, (New York: Fox, Duffiealad and Company, 1904, reprinted from the original 1782 edition), pp. 64-65, we read an eighteenth-century account of religion in America. After describ-ing in letter no. 3 the variety of creeds cultivated in the country, the author contin-ues: "Each of these people instruct their children as well as they can, but these in-structions are feeble compared to those which are given to the youth of the poorest class in Europe. Their children will therefore grow up less zealous and more indif-ferent in matters of religion than their parents. The foolish vanity, or rather the fury of making Proselytes, is unknown here; they have no time, the seasons call for all their attention, and thus in a few years, this mixed neighborhood will exhibit a strange religious medley, that will be neither pure Catholicism nor pure Calvinism. A very perceptible indifference even in the first generation will become apparent." 8 A good deal of Alcoholics Anonymous literature deals with prayer and spiritual-ity. The eleventh step explicitly encourages the practice of prayer and meditation ("We sought through prayer and meditation to improve our conscious contact with God as we understood him, praying only for knowledge of God's will for us, and the power to carry that out.") But the program can have even broader implications for the spiritual life. See "Origins of A.A. Spirituality" by Dr. Ernie Kurtz, The Blue Book, Vol. XXXVIII, Proceedings from the 38th Annual Symposium-June 16- 20, 1986 (January, 1987). Catholic writers and lecturers are beginning to discuss the spiritual potential of the program. See, for example, the recently released confer-ences of Father Richard Rohr, "Breathing under Water: Spirituality and the 12 Steps" (Saint Anthony Messenger Press Audiocassettes, 1989). 9 See B, Pennington, O.C.S.O., O Holy Mountain.t (Wilmington: Michael Glazier, 1984), p. 92. The Emptiness Within Barbara Dent Barbara Dent, mother and grandmother, has been for eighteen years a Secular Carmelite. One of her most recent books has been The Gifts of Lay Ministry (Ave Maria Press, 1989). Her address is Postinia: 7A Cromwell Place; Pukekohe, New Zealand. Ours is an age of space-consciousness and space exploration. These have induced an awareness of a limitless beyond that can be terrifying. We know that in space universe extends beyond universe in an infinitude of expanding galaxies. The immensity is beyond our comprehension. Ours is also an age of inner exploration of our own human psyche. Depth psychology probes level on level of inner awareness, submerged awareness, and non-awareness. These probings link up with that aspect of spirituality which mystically intuits the indwelling of the Trinity, the homeliness of God in us that Jesus spoke of and promised to his faithful followers the night before he died. Just as there is endless mystery in the outer universe, so there is also in the inner one. God dwells in us--if we long for him and prepare our spiritual house to receive him. Not only that, but he permeates our inner being further and further as we open ourselves to receive him. "How rich are the depths of God!" exclaimed St. Paul. And it is these very depths that merge with our own through the divine penetra-tion and the graces it brings. This is by no means always a consoling experience. On the contrary it can seem to hurl us into an abyss of unmeaning which is caused by our incapacity to understand divine meaning and purpose in all their in-finite inclusiveness. Only faith can cope with the apparent absurdity, and too often in this state we experience ourselves as lamentably lacking in faith. 674 The Emptiness Within / 675 In this article I examine and comment on this negative aspect of di-vine and human intermingling by using the concept of "the inner Void." Normally, we human beings fill our days and nights with the busi-ness of living, working, playing, and social interchange. This is the way it has to be if society is to continue and be dynamic. For committed Chris-tians this day-to-day living and doing is permeated with another dimen-sion- that of being-in-Christ. The more fully they relate mundane ac-tivities to loving and serving the Lord, the more Christocentric their lives become. The more they cleave to him, the more the Trinity enters into their inner selves through the purity of their intentions, so that they truly become temples of the Holy Spirit. A pure intention is one that is centered on what Jesus stressed must be our fundamental option--"God's will, not mine, because I love him with my whole being." Strangely, the intensity of such a single-minded love can lead not to a blissful sense of fulfillment, but to its opposite-- an experience of crucifying inner emptiness, a void of unappeasable long-ing crying out for a God who appears not to care or even answer. How much longer will you forget me, Yahweh? Forever? How much longer will you hide your face from me? How much longer must I en-dure grief in my soul, and sorrow in my heart by day and by night? (Ps 13:1-2). The ache for God, disguised as it may be in a multitude of ways, yet seems to be endemic to the human heart. In Christ's followers it can be-come so insistent that it rules their lives. After many years of loving, faith-ful service to this object of their desire, a paradoxical inner state is likely to develop. The searcher for the pearl of great price and the glorious lib-erty of the sons and daughters of God, though consumed with an intol-erable yearning for God, now experiences him as absent just when he is loved and longed for most. This is usually a sign of the call to a much deeper relationship with him, one that has a different quality from any that preceded it. We are drawn by the Spirit into this state of being when all created things have lost their power to compel or fulfill us. We have learned, often in bitterness and pain, that none of them can supply anything but a temporary and partial satisfaction. Behind and through them we have kept glimpsing their Creator, and now he fills our vision and summons us to come closer. We have begun floating in our inner Void, sure at last that only his love can fill it. 676 / Review for Religious, September-October 1990 Aware that he is calling and drawing us, we want with all our will to respond, yet we remain thwarted. Yearn and strive as we may, we can neither reach nor receive him. Empty and grieving, we experience him as the absentee God, yet we have never in our lives been more free of sin and fuller of love than we now are. Why has this Void opened at the very time when we are possessed by love-longing for God? To anyone familiar with the inner depth reality of the subconscious and unconscious, the answer will make sense. The roots of our attachments to what God has created, and the causes of our persistence in letting them come between us and him, are still bur-ied deep within us. They fasten us down to where we are so that we are unable to soar in freedom to him. Though we have done all in our power, with the help of grace, to love and serve him, and though deliberate sin of any kind has long been eliminated from our living, the roots of sinful tendencies remain there hidden away, so that we are not even conscious of them. We cannot locate or name them, let alone wrench them out or dissolve them away. In our impotence and humiliation we gradually re-alize only God can do this through his own mighty love and the grace he pours into us through his Spirit. Only his action can gradually dilate our hearts so that they are able to receive more and more of what he offers. Only his grace can pene-trate into our subconscious to reveal what is concealed there. Only it can in various ways impel upwards into consciousness what is hidden. Only his Spirit of Wisdom knows and can reveal to us in ways we can accept what must be made conscious and purified if we are to enter into full un-ion with the Trinity. By invading our depths, the Spirit is not violating our free will, for God knows our longing for him is such that at last we are prepared to let him have his way with us, no matter how much it hurts. "Oh God, my God, for you my heart yearns, like a dry, weary land without water" (Ps 63:1 ). God's answer to our yearnings is to fill our Void with himself. This process is purgatorial. After death we pass outside time and space into eternity and infinity. If at this transition we are not already filled with God, our Void goes with us. No one has returned to tell us how God deals with it then, but traditionally the Church has taught the doctrines of purgatory (a cleansing process through which grace fits us to receive and behold God), and hell, where our Void remains just that forever. All those, known and unknown, who have become saints before they died, The Emptiness Within / 677 have had their Voids filled with God in this life. Some have left records of what their experience was like, and these indicate something at least of what they endured under the Spirit's ruthless but perfectly loving ac-tion. St. John of the Cross's testimony is probably the most authoritative, instructive, and detailed, After stressing that this state of purification is one of darkness and pure faith, he elaborates as below. "The Divine assails the soul in order to renew it and thus to make it Divine; and, stripping it of the habitual affections and attachments of the old man, to which it is very closely united, knit together and con-formed, destroys and consumes its spiritual substance, and absorbs it in deep and profound darkness. As a result of this, the soul feels itself to be perishing and melting away, in the presence and sight of its miseries, in a cruel spiritual death, even as if it had been swallowed by a beast (as Jonas was). (and) in this sepulcher of dark death it must needs abide until the spiritual resurrection which it hopes for. ". But what the sorrowful soul feels most in this condition is its clear perception, as it thinks, that God has abandoned it, and, in his ab-horrence of it, has flung it into darkness. It is a grave and piteous grief for it to believe that God has forsaken it . For indeed when this pur-gative contemplation is most severe, the soul feels very keenly the shadow of death and the lamentations of death and the pains of hell, which consist in its feeling itself to be without God, and chastised and cast out, and unworthy of him; and it feels that he is wroth with it" (Dark Night II, Ch. VI, 1 & 2). The intensity and pain of this inner experience of the Void will vary according to the strength and depths of our sin-roots, the greatness of our love and longing for God, our perseverance and abandonment during the process, the degree of holiness (or wedding garment splendor and soar-ing freedom) God intends for each sufferer. This purpose of his is, of course, hidden in the mystery of his endless love, of which the Void it-self is but one aspect. If the Void is endured until the process of cleansing and freeing is completed, we have been through and emerged from our own personal purgatory. We are united with the Trinity in what has been called "trans-forming union" ("I live, now not I, but Christ lives in me") or "the spiritual marriage." "Alleluia! The reign of the Lord our God the Almighty has begun. Let us be glad and joyful and give praise to God, because this is the time for the marriage of the Lamb. His bride is ready, and she has been able Review for Religious, September-October 1990 to dress herself in dazzling white linen, because her linen is made of the good deeds of the saints" (Rv 19:7-8). Our Void has been emptied of self and filled with Christ. What are some of the hallmarks of this emptying and filling of the Void, in the here and now? Here is a commentary on a few of the main ones. 1. Helpless Waiting In the Void we have no alternative but to wait. I think of Mary be-tween the annunciation and the birth of Jesus. She knew she had con-ceived and that the Christ of God was growing and developing within her, but the process was and had to remain hidden and secret. What she did not know was exactly what and who the child would prove to be. God was at work in her, and she was co-operating pas-sively, through her fiat, by letting it happen and trusting him about the outcome of his labors. She was "full of grace" and so the whole pro-cess was under the Spirit's complete control. Her personal contribution was to stay still and see what eventuated. Once the Void opens in us, we too, must wait while Christ is formed in us in his fullness. We continue to live and love as Christians, to serve God and neighbor in our work, personal relationships, duties and offer-ings, all aimed at renewing the temporal order and purifying our lives from self-love and self-seeking. We have been doing these things for a long time and had assumed we would be persevering in them in much the same way till death. We do persevere, but not "in the same way." For now the Void is there, and we begin to enter a new dimension and level of being. Gradually grace enlightens us so that we understand something of what still needs to be done in our inner depths to open us to God so he can penetrate further. At the same time we are shown how it is beyond our own capacity and resources to bring about such a self-exposure. A chasm of helplessness and poverty gapes within us. We realize that in our frozen immobility we are still able to act in one specific way. We can let God act, and stay passive ourselves. We can let him do the un-veiling and the choosing, for us and in us in his own way and time. Our role is to surrender and wait. And wait. And wait . Waiting is a difficult art to learn and practice in our frenetically ac-tive and materialistic age. Neither our environment, education nor life aims and circumstances have prepared us for it. Though we try, we go The Emptiness Within on failing, because we cannot help interfering with God in spite of our best intentions. Humbled, we learn that only grace can enable us to learn this painful art. Under its influence, we slowly begin to relax and be still, and our Void gently opens wider in faith, trust, and hope. We realize how im-portant patience is, how lost we are if God does not help us, how he does not and cannot do so unless we deliberately exercise our free will and let him. Here the active and the passive merge. As we go on waiting, our helplessness deepens into a sense of im-potence. We are rather like quadriplegics who must depend on others for most of their needs. If they are not to be consumed with self-pity and rage, they must turn the necessary waiting that forms an indelible part of their lives into an art. We ourselves are not waiting for other people to help us, but for God. "I waited and waited for Yahweh. Now at last he has stooped to me and heard my cry for help" (Ps 40:1). 2. Longing for God Thirst for God consumes us in this state. "As a doe longs for run-ning streams, so longs my soul for you, my God. My soul thirsts for God, the God of my life" (Ps 42:1-2). We are like "a dry, weary land without water" (Ps 63:1). When two lovers are parted, they long ardently and painfully for each other's presence. In the Void we experience God as an absentee God, even as one who spurns us. We are hopelessly in love with him-- we would not have been invited by the Spirit into this level of being were it not so--yet he seems to be denying himself to us, to be teasing us cru-elly on purpose. We know he is there, believethis is so, and in some indescribable, formless way even experience him as indeed with us, enfolding us, and yet we never seem to reach or catch sight of him. In his absence we have faith he is present, but this is no comfort. It is like being alone in a completely dark room, yet having an intui-tive awareness of another Presence with us in the same enclosed space. We cannot see or touch him or even hear his breathing. Yet, shiveringly, we are completely certain Someone is with us. Perhaps because of this strange certainty, our longing that is never appeased intensifies until it possesses us. This absentee yet ever-present God and Lover we experience as capricious, so that our longing is a form of bitter suffering, and often we have to struggle against feelings of re- Review for Religious, September-October 1990 sentment and hopelessness. We challenge him, "It is you, God, who are my shelter. Why do you abandon me?" (Ps 43:2). There is no answer, no comfort. The silence is absolute, our hunger unappeased. In the end, we become dumb. Our patience in waiting has deepened as our longing intensified. We understand the time for consum-mation is not. yet, for we are not ready. We see that our longing is a grace, given to us so we will more readily submit to an even more radi-cal emptying out. We have not yet reached that total nakedness o.f un-selfed love which will indicate our readiness to be clothed in Christ. We have yet to long for this for his sake, his honor and glory, the fulfilling of his incarnational aims, instead of for our own self-gratifica-tion, and our pleasure in our own "holiness." At last we understand that our motives need radical purification, for they are laced together every-where by tenuous, yet tough strands of self-love and self-will. All holiness is God's. Of ourselves we have none until we have put on Christ and can glory in his glory, and love with his love. Our longing is being purified till this is what we truly want above all else. 3. Loss of Meaning and Purpose Whether it is a cause or a result of the Void is hard to say, but one of the hallmarks of this state is loss of meaning and purpose on one level, and final regaining of it on another. The loss shows itself in our life situ-ation in doubts and disillusionments about our personal relationships, and our aims, activities, and ambitions to do with worldly matters. What preoccupied us and fed our drive in our work now seems taw-dry and not worth all this effort. We question its reality and its right to absorb so much of our energy, to demand and receive our concentrated attention. Has it the right to fasten us so securely to the daily grind when God's insistent call to another level of being is there in the background all the time, distracting us? Of what use is "getting to the top"? Winning that big increase in salary? Being treated with respect and deference as the one who "has it all at her fingertips," the indispensable manager and organizer? There are times when we ardently want to "throw it all away" be-cause it seems so fatuous. Yet we know we cannot opt out, for we have a spouse to be faithful to, offspring to put through university, the mort-gage to pay off, obligations to associates to fulfill, our own lifelong am-bition to bring to its triumphant peak, a whole life pattern to round off harmoniously. Somehow we have to learn to live with our growing awareness of it all as a mindless treadmill "full of sound and fury, signifying nothing." The Emptiness Within In the face of the Void, it lacks reality, but, nonetheless, must be at-tended to. The true reality is an indefinable something located in our inner emp-tiness. It is drawing us till we want to let go of everything else and reck-lessly jump into that abyss to meet its embrace. At this point some people have a breakdown so that circumstances force them to take a long rest from their life-in-the world obligations and ambitions. Others keep on mechanically, but their heart is no longer in it, and they feel nothing but relief when someone else replaces them or the time comes for them to retire. This disillusionment and lack of drive registers as a humiliating disaster, yet it may well be a special grace open-ing the way for us to concentrate on "the one thing necessary." Alarmingly, the problem increases, rather than diminishes, once we free ourselves enough for such concentration. It is like a slap in the face to discover that we cannot find "mean-ing" in the things of God either, though we dumbly and idiotically know the meaning is there somewhere, expressed in ancient Babylonian hiero-glyphics no doubt! (And no one taught us at school or in the boardroom how to interpret these!) Faced with the Void and its implications, we find ourselves unable to understand God's meaning and purpose in our own lives or those of others. His actions seem arbitrary and often absurd. In fact, a general senselessness defying the rational mind pervades the whole Void. We slither aimlessly about, till we remember the lesson about staying still and waiting. When we apply this perseveringly, we are able to accept that it is no wonder we cannot understand the divine meaning and purpose when it is infinite and eternal while we ourselves remain time and space im-prisoned. It is also perfect love and omniscient wisdom, while we are full of "lacklove" and distorted vision. During the years spent in the Void we slowly learn to rest in peace in God's incomprehensible will, to trust its apparent irrationality, to have faith in its aim to express his beneficent care of us in and through our life circumstances even when they appear to be nothing but "a tale told by an idiot," to hope doggedly in a future blessed by fulfillment in bliss-ful union with him. Our concept of life's meaning and purpose has changed radically as grace permeated those levels where our basic semi- and unconscious re-bellion and misapplied self-will lay hidden but potent. 4. The Darkness of Entombment Review for Religious, September-October 1990 In the Void we are in the process of dying with Christ and being bur-ied with him so that our life may be his life and we be hidden with him in God, our glory part of his (see Col 2:12, 3:2-4). When Jesus hung upon the cross, he was in a kind of void between earth and heaven: the vacant space left by total immolation for the sake of others; the blank of utmost loneliness and dereliction expressed through his cry of abandonment and desolation; the kenosis of the God- Man brought about by the complete surrender of his awareness of his God-ness, coupled with his immersion in his representative Man-ness--his slav-ery as sin-taker for us when he himself was sinless. In various degrees and ways we, his lovers and beloveds, are invited by him to enter into his crucifixion and kenosis with him so we may even-tually share his resurrection glory. We have to die to self by hanging there with and in him through the sufferings--physical, mental, psycho-logical, emotional, and spiritual that God permits to come to us, and that our own and others' sins and sinfulness bring upon us. After the crucifixion comes the interlude of the entombment before the resurrection can occur. The sense of entombment is an essential as-pect of the Void. If we think of Jesus' corpse lying still,, cold, and alone on the stone slab, we shall understand some of the basic elements of the spiritual state of those called to die with him in order to rise with him. There is the darkness of this stone cavern behind its stone door. No chink of light anywhere. It makes us feel our intellect has been blinded and we shall never understand anything about God again. Though we carry on with our daily lives more or less satisfactorily, we suffer a kind of sense-deprivation of the spirit, (Only those who have experienced this state of being will find meaning in this paradox.) One form of torture of prisoners is to lock them into a pitch dark cell where there is complete sense deprivation so that time ceases to have meaning, as does everything else. Entombed with Jesus, we are in a similar state because all the satis-factions and enjoyments that come to a human being through his senses of hearing, sight, smell, touch, and taste no longer have power either to distract or fulfill us. We have become one-purposed in our longing for God, and the senses cannot tempt us away from it with their promise of surface, ephemeral delights. Since we have renounced the lesser good for the greater, the Spirit obliges by paradoxically taking away their irrelevant enticements--in a spiritual sense. To express it otherwise, our senses and our bodies and The Emptiness Within/ all our material being continue to function adequately for the purposes of everyday life. However, in relation to the spiritual life, we have be-come numb and dumb to their joys, attractions and any urge to seek deep meaning and fulfillment through them. We have been brought to that State where we float in the Void of blind faith that none of our senses can affirm as a reality. We gaze upon God without seeing him. We hear his Word without understanding it. We taste his supportive love without any sweetness or consolation--as if our taste buds had been anesthetized. He is weaning us from all such reassurances by imprisoning us in this Void of sense deprivation. He means us to learn how to enter, unencum-bered, into the central mystery of his Being, spirit to Spirit. He has led us into the depths of the Night of Faith. In it, usually for years after painful years, we learn to lie down with the dead Jesus in the tomb. We learn to lie there patiently and wait in our nakedness. We learn what being still really means as we contemplate the Savior's unbreathing body--not with bodily eyes, but with spiritual ones of unquestioning faith and a love stripped of self-seeking. We are seeds fallen into the ground and undergoing the hidden meta-morphosis from which we shall at last emerge, essentially changed per-sons, into spiritual resurrection. 5. Loneliness The inner Void is a crucifyingly lonely space of nothingness. We shall probably find there is no one who can understand our state, except one who is also in it, or one who has endured it and emerged. The one in it may be able to offer sympathy and sharing. The one emerged can give reassurance, understanding, encouragement, guidance, support, and hope for the future. This is so only if she or he has some understanding of what the lonely one is passing through or has emerged from. Such un-derstanding is rare. The Void can have many guises, including those of mental, emo-tional, or physical breakdown. It is often mingled with factors associ-ated with these. It adapts itself to whatever needs to be purified in the particular sufferer, since it is always under the control of the Spirit. It is not easy, and almost impossible, to discover a fellow sufferer who is enduring the same searching trial in the same ways. A qualified, learned, compassionate spiritual guide who has had both personal experience of the Void and of supporting others immersed in it is a very special blessing from God--one that is seldom given. An es-sential part of learning to live at peace in the Void's faith dimension is Review for Religious, September-October 1990 that of being able to trust oneself blindly to the hidden guidance and con-trol of the Spirit coming directly instead of through an intermediary. The purification process includes enduring it alone with God--and an absen-tee God at that. The only sure and never-failing companion is Jesus in his passion, especially in Gethsemane and in his cry of dereliction on the cross. We can find here, in union with him, the strength and purpose to endure, to hang helpless and in agony in absurdity, giving oneself up out of love for his redemptive work, staying with, and in him gladly, for love of him, sharing his loneliness and comforting his desolation. This is anything but mere sentimentality, as anyone who has really done it knows. It is a genuine, self-obliterating response of "Yes" to his questions, "Will you drink of the cup I must drink of? . . . Will you watch one hour with me? . . . Will you take up your cross and follow ¯ me? . . . Will you give yourself with me for others? . . . Will you love my Father's will wholeheartedly as I do to the end? . . . Will you fol-low me wherever I lead? . . . Will you go down into the darkness and die with me and then wait with me in my tomb till resurrection morning comes? . . . Will you dare Sheol with me? o . ." If we agree to share his loneliness, we shall indeed be lonely, and in that desolation share the essential loneliness of all abandoned, help-less, despised, outcast, comfortless human beings whom he represented on the cross, as well as those lost in the black loneliness of habitual, sev-ering sin, or those immured in purgatory in this life or the next. We may have friends who love and try to comfort us, but this will do little to ease what is a loneliness of our very essence crying out for God. Only if they have been through it themselves will they be able to apply balm. In the ultimate there is only one who can fill the Void of loneliness with genuine fulfillment and it is God himself. He is busy preparing in us a place fit to receive him. All we can do is wait in faith, hope, and love that feel like unbelief, despair, and a numb indifference that will never be able to love again. "Out of the depths have I cried unto thee, O Lord. Lord, hear my voice!" 6. Awareness of Sin The Void strips away inessentials, leaving the emptiness of nothing to cling to but God--and in.bare, stubborn faith. Because the motes in our own eyes (our absorption in the secondar-ies of created things instead of the one primary necessity of God) have The Emptiness Within now been removed, at least partly, by grace, we see much better. One of the things we see with our new sight and in startling clarity is the re-ality of sin. Not so much actual sins--these are fairly obvious to discern and we have long ago trained ourselves to watch and guard against them in our own lives. No--what we now see with the eyes of our spirit enlightened by the Spirit is innate sinfulness. We become aware of its substratum in ourselves (those tangled "roots" I mentioned earlier), and in other hu-man beings we have to do with. We helplessly observe it issuing from us and them in all kinds of meannesses, envies, prevarications, self-delusions, self-loves, rationalizations. Squirming and humiliated, we face, with the help of grace, that, "This is me . . . that is the person I loved and revered so much . " If we do not take care, this pitiless insight will cause discouragement and fear in ourselves, and a judg-mental, condemnatory, disillusioned attitude towards others--even cyni-cism. The taste of this racial and personal basic sinfulness is bitter indeed. We want to spit it out and rush to grab something, sweet to gourmandize on and hide that vile flavor. We have been living all the time with a des-picable traitor within us, and till now we have never even glimpsed him. His cronies are present in all other members of the human race, and from them emanate the sorrows, sins, evils and disasters of living on this planet that has been tipped off its axis. Some of the penitential psalms now have for us as never before a co-gent, humbling, and intensely personal message. Paraphrasing a little, we cry with St. Paul, "Who will rescue me from this enemy within?" and reply with him, "Nothing else but the grace of God, through Jesus Christ, our Lord." We know now that we really do need a personal Savior, that we would be lost without Jesus, that an essential part of our Void experi-ence is acknowledging our personal, basic sinfulness for which the only cure is the grace that Jesus gives. We cry, "Lord, you came to save me-- because I needed you so much. I need you even more now you have shown me the truth about myself. Only show me what you want of me, and I will do it. I will do anything at all for you, my Lord and my Sav-ior, because you have rescued me in my great need." This time we really mean it, because we are so much closer to Truth itself. We have been given the grace of a genuine horror of sin because of what it did to Jesus, and still does to him suffering in his members. We long to help heal the wound of sin in his Body. We offer our per- Review for Religious, September-October 1990 sonal wound of sin to him, humbly pleading for the grace of healing. As never before we understand the cleansing power and action of grace, sac-ramentally and otherwise. We hunger for it, seek it, open ourselves wide to receive it. We become beggars for it. We learn what spiritual poverty really means, and again lie down with Jesus in the tomb, content to be naked, trusting in his Body and Blood to heal us of our grievous wound. We are learning what it means to be dead to self and alive to Christ and his members. In the inner Void the self becomes so tiny in the Allness of God. We do not lose our individuality, but we long for it to be absorbed in Christ, so that we become exactly that aspect of his extended incarnation and continuous passion destined for us by the Father. We pray for deliverance from all evil--for ourselves, and for every other human being. We pray fervently, for at last we have "seen" what naked sin and evil are, and what they bring about--the death of the Loved One. 7. We enter a state of Heroic Abandonment and Endurance. Our Void has opened up enough for us to receive the grace we must have to enable us to lie down in the Lord in a state of advanced inner stillness, trust, and hope. The Void's darkness begins to take on the faint glow of incipient dawn, the intense silence is broken by the first tenta-tive twitterings of birds as something soundlessly rolls away our tomb's stone door. The sense of being stifled eases and we draw deep breaths of sweet, cold, dew-drenched air. There is deep within us an awareness of wounds having been healed, of a terrifying emptiness having been filled with Someone, of Love himself annihilating loneliness forever, of a still, si-lent, crystalline joy, and blessedness welling up from deep, deep down, crying in exultation, "Abba! Alleluia! Amen!" Then we see a Person is walking like a king towards the light grow-ing and glowing every second in the tomb's open doorway. It is as if the light emanates from him, as if he is The Light. Wondering and worship-ping, we rise from our stone slab, gather about us the new white gar-ment we find there and follow the Light into the new day. There is no void of inner emptiness anymore. Christ risen and triumphant fills it with himself. Shame: A Barometer of Faith Clyde A. Bonar Father Clyde A. Bonar is a priest of the diocese of Orlando, Florida. He holds ad-vanced degrees in formative spirituality from Duquesne University and in political science from George Washington University. He has served as parochial vicar and administrator of various parishes. His address is St. Joseph of the Forest Catholic Church; 1764 S.E. 169th Avenue Road; Silver Springs, Florida 32688. Aristotle called shame "a feeling or emotion . a kind of fear of dis-grace."~ Interestingly, what one values and what one distains can pro-vide a source for these feelings of disgrace. This allows shame to become a barometer of faith. For the faithfilled person, lapses in living one's faith, for example, can be causes for shame. Conversely, one who scorns religion may find shameful any personal exhibition of faith in an Eter-nal Being. In this paper I shall examine the generic core of "shame" and re-late the experiences of shame in the life of Francis of Assisi (ca. 1182- 1226). Francis' well-known incidents with the lepers caused that saint feelings of shame. Notably, why Francis felt shame about the lepers dif-fered in the earlier and the later parts of his life. Because of that, Fran-cis becomes illustrative of how shame can be a barometer of one's faith. On Shame The Generic Core The core of the shame experience is a sense of exposure and visibil-ity. 2 First, shame is intimately linked to the need to cover that which might unwantedly be exposed. Experiences of shame involve the expo-sure of the peculiarly sensitive, intimate, and vulnerable aspects of the self.3 Something is to be hidden, dodged, or covered up; even, or per- 687 61~1~ / Review for Religious, September-October 1990 haps especially, from oneself. Feelings of shame included "I am weak" and "I am inadequate." The particularities of what must be covered to prevent exposure may vary widely and are individually determinate. For example, while a physical deformity caused Philip in Of Human Bondage4 to feel shame when his clubfoot was exposed, a deeper shame burned "in secret" as Dimmes-dale in Scarlet Letter saw Hester Prynne bear in public the blame for their joint carnal indiscretion .5 Socrates warns of the disgraceful shame of ap-pearing inept in the presence "of some really wise man.' ,6 Personally, for example, I have felt shame for the way I treated a traveling compan-ion during a three-day trip. Second, there is an intimate connection between shame and visibil-ity. 7 When Yahweh called to Adam after he and Eve had eaten the for-bidden fruit, Adam said: "Because I was naked . . . I hid" (Gn 3:11). In his phenomenology of shame, Jean-Paul Sartre claims that shame arises from the look of the Other. "Shame. is the recognition of the fact that I am indeed that object which the Other is looking at and judg-ing." 8 When another looks at him, Sartre comments: What I apprehend immediately., is that I am vulnerable, that I have a body which can be hurt, that I occupy a place and that I cannot in any case escape from the space in which I am without defense--in short, that I am seen.9 Everyday expressions repeat this connection between visibility and shame. We speak of being "shamefaced" or "hiding my face in shame" when others know our failures, inadequacies, or losses of con-trol. A Happy Blush Two other aspects of shame need to be kept in mind as we proceed: that the feeling of shame comes unexpected. That first and physiologi-cal manifestation of shame, the blush, highlights the involuntary and sud-den characteristic of shame. Helen Lynd is perceptive on this aspect of shame: Shame interrupts any unquestioning, unaware sense of oneself . More than other emotions, shame involves a quality of the unexpected: if in any way we feel it coming we are powerless to avert it . What-ever part voluntary action may have in the experience of shame is swal-lowed up in the sense of something that overwhelms us . We are taken by surprise, caught off guard, or off base, caught unawares, made a fool of. ~0 Shame / 689 In his illustration of the voyeur at the keyhole, Jean-Paul Sartre confirms the "immediate shudder" of being unexpectedly caught: "All of a sud-den I hear footsteps in the hall. Someone is looking at me!''~ Importantly, this self-consciousness contains a revealing capacity. Again, it is Sartre who captures this: "Shame is by nature recognition. I recognize that I am as the Other sees me." ~2 Shame carries the weight of "I cannot have done this. But I have done it and cannot undo it, be-cause this is 1.''13 The thing that is exposed is what I am. To "recognize" one's self is to be open to reformation, and there is the delight. Adrian van Kaam writes that "reformation implies a re-appraisal of formative and deformative dispositions, judgments, memo-ries, imaginations, and anticipations." ~4 If experiences of shame can be fully faced, if we allow ourselves to realize their import, they can inform the self and become a revelation of one's self. The question is exactly what personal disposition is revealed by the quick reddening of the blush, the sudden feeling of shame, this which involuntarily and unexpectedly just happens. Writing back in 1839 on The Physiology or Mechanism of Blushing, Thomas Burgess reported that the blush reflects "the various internal emotions of the moral feel-ings [so that one could] know whenever we transgressed or violated those rules which should be held sacred." He continued to point out that, given this "spiritual" nature of the "blush," it is "solely a moral stimulus that will excite a true blush.''15 That is~ it is our value system that is re-vealed by shame. For example, if I hold dispositions mostly congenial with the particular individual God designed me to be, a blush will reveal that there are also some uncongenial and not-reformed dispositions. Or, by contrast, if my fundamental orientation is that talk of God is mean-ingless I may blush at some scruples within my disposition constellation that would be more in agreement with faith in an Eternal Being. Among The Lepers The immediate question is what should not be exposed, what should be covered from visibility. Francis' experience with the lepers proves in-structive. In his "Testament" he wrote: The Lord granted to me, Brother Francis, to begin to do penance in this way: While I was in sin, it seemed very bitter to me to see lepers. And the Lord Himself led me among them and I had mercy upon them. And when I left them that which seemed bitter to me was changed into sweet-ness of soul and body.~6 This too brief statement includes all the elements of experiences of 690 / Review for Religious, September-October 1990 shame. Fallen Nature of Humanity By his words "While I was in sin" Francis refers to his youthful years. In his parents' home he enjoyed the easy life his successful father could provide. He was a most likable lad, clever, charming, smooth-talking, and insanely generous. Francis had a gift for business and seemed born to be a merchant like his father. The son enjoyed dressing with a studied elegance and entertaining at a good inn with the best of everything. Friends flocked around Francis when he appeared and played the troubadour with his Provencal songs. 17 One would say that Francis was reflecting the fallen nature of hu-manity common since the first sin of Adam, living in ignorance of the true transcendent nature of humanity. ~8 Caught in the competitive trade of the cloth merchant, his father taught Francis to live by that competi-tion. Escape in the exigencies and the excitement of being the business-man became a way of life, with questions of transcendence relegated to minor, occasional thoughts. Responsibility for being a faithfilled Chris-tian example for others was evaded, for the other was also typically the customer, who was to be sold something even if that meant a little de-ception and an excess of charm. Immersion in the sensual joys of life was a natural corollary in a society of, according to Pope Innocent III, "obscene songs, dances, and fornications." 19 Still, why was Francis affected by the lepers as he was? Other youths, his peers in cultural refinement and the easy life, would merely hold their noses when they smelled the horrible stench of the lazaretto where the lepers were confined, and unashamedly turn their horses a dif-ferent direction. But for Francis the human misery breathing death right into his face was incredibly disagreeable. And, the young clothier would experience shame when a wretched beggar would intrude.2° A clue to Francis at this early point in his life, while he was still "in sin," lies, I opine, in the phenomenology of shame. As we saw above, shame is an experience of the whole self: in moments of shameful expo-sure it is the self that stands revealed.2~ Existentialists state this force-fully: in the consciousness of shame, there is "a shameful apprehension of something and this something is me. I am ashamed of what I am . Through shame I have discovered an aspect of my being."22 The self that was standing revealed for Francis'was, in the terms of Adrian van Kaam, his foundational life form. The image of God deep within Francis was being exposed. Thomas Burgess, cited above, might say it was the internal moral feelings of Francis which were being ex- posed. As early as twelve years old Francis was struck in some special way by the elevation of the consecrated host during Mass. In the mud-dle of being dominated by his sensual and functional dimensions and his sociohistorical situations, the inchoate thunderbolt of the transcendent was there. But within the flamboyance and egotism of the sensuous and romantic party giver he appeared to be, Francis would feel shame when his more basic faith in God would protrude. His lifestyle hid from visi-bility the transcendent, as he took greater pleasure in identifying him-self as a prince of the world and knight of Assisi. As God's chosen who would become God's anointed, the young Francis would feel shame where others had no such self-consciousness. According to our paradigm of shame, what Francis's apparent life form, or way of being in his environment, sought to cover during these early years of his life was his foundational life form. When his "vul-nerability" or "inadequacy" was exposed, that is, his sensitivity to the sufferings of lepers and beggars, he felt shame at the "flaw," which was his deeper felt love of God, becoming visible through the cover of how he presented himself to others. Attuned to His God Francis was twenty-four when he stood in front of the episcopal pal-ace at Santa Maria Maggiore and stripped off his clothes in hot haste and threw them at his father's feet. God had seized him: the sinner faded to give way to the saint. But watching his second naked birth, the crowd fell silent, for this "erstwhile dandy" was seen to be wearing a hair shirt. "It was a hideous penitential device of horsehair for killing the instinct of sensuality and chastising the flesh day and night."23 The peni-tential hair shirt was a symbol for what had been happening for some time in Francis--the transformation from dissonance to consonance with the Eternal, a change from running away from God to running toward God. For our present emphasis, we might remember the words of Francis: "Bernardone is no longer my father," but Our Father who art in heaven. The words indicated his change. For Francis, shame is no longer from having love of God exposed within a life lived as a merchant, but henceforth the shame was in having any failure to love God exposed within a life of excited faith. Now, when Francis embraced the leper, as we quoted above in the words of Francis, "that which seemed bitter to me was changed into sweetness of soul." The contrast is sharp between the experiences of shame for Francis before and after his transformation. Upon encountering the so distaste- Review for Religious, September-October 1990 ful leper, "He slipped off his horse and ran to kiss the man . Filled with wonder and joy, he began devoutly to sing God's praises." He be-gan to render humble service to the lepers and "with great compassion kissed their hands and their mouths." Further, the lover of complete humility went to the lepers and lived with them. He washed their feet, bandaged their ulcers, drew the pus from their wounds and washed out the diseased matter; he even kissed their ulcer-ous wounds out of his remarkable devotion.24 Francis took the bold step of overcoming the conventional perception of what is attractive and what is repulsive by reaching out to love what re-pelled him. And the change in the source of shame was seen in other aspects of his life. When his pre-transformation apparent life form had dominated, Francis's selfish pride would tell him to feel deep humiliat

Issue 16.5 of the Review for Religious, 1957. ; A. M. D. G. Review for Religious SEPTEMBER 15, 1957 God's Living Sermon . Bonaventure Balsam Dismissal in Lay Institutes . Jo,eph g. ~,allen Our Supernatural Organism . Daniel J. M. Callahan Book Reviews Questions and Answers Roman Documents VOLUME 16 NUMBER 5 RI::VII:::W FOR RI:LIGIOU.S VOLUME 16 SEPTEMBER, 1957 NUMBER, 5 CONTENTS GOD'S LIVING SERMON AND MYSTERY-- Bonaventure Balsam, O.P . 257 DISMISSAL OF RELIGIOUS IN LAY INSTITUTES-- Joseph F. Gallen, S.J . 265 SOME BOOKS RECEIVED . 292 OUR SUPERNATURAL ORGANISMu Daniel J. M. Callahan, S.J . 293 OUR CONTRIBUTORS . i99 SURVEY OF ROMAN DOCUMENTS--R. F. Smith, S.J . 300 QUESTIONS AND ANSWERS: 29. Professed of Temporary Vows and Return to Motherhouse for Perpetual Profession . " . '.309 30. Adaptation and Renovation and New Laws on Poverty . 310 31. Last Gospel According to the Simplified Rubrics .312 32. Masses. Permitted on the Saturday of Our Lady . 312 33. Personal Gifts and Poverty . 312 BOOK REVIEWS AND ANNOUNCEMENTS: Editor: Bernard A. Hausmann, S.J. West Baden College West Baden Springs, Indiana . 313 REVIEW FOR RELIGIOUS, September, 1957. Vol. 16, No. 5. Published bi-monthly by The Queen's World, 3115 South Grand Blvd., St. Louis 18, Mo. Edited by the Jesuit Fathers of St. Mary's College, St. Marys, Kansas, with ecclesiastical approval. Second class mail privilege authorized at St. Louis, Mo. Editorial Board: Augustine G. Ellard, S.J.; Gerald Kelly, S.J., Henry Willmering, S.J. Literary Editor: Robert F. Weiss, S.J. Copyright, 1957, by The Queen's Work. Subscription price in U.S.A. and Canada: 3 dollars a year; 50 cents a copy. Printed in U.S.A. Please send all renewals and new subscriptions to: Review for Religious, 3115 South Grand Boulevard. St. Louis 18, Missouri. God's Living Sermon and Myst:ery Bonavent:ure Balsam, O.P. WE CANNOT LOVE, reverence, and respect what we do not know: A religious priest, brother, or sister will never love and appreciate his life and vocation as much as it is lovable unless he first sees and tastes the indescribable nobility of that vocation. We begin to evaluate a thing rightly only when we begin to see it, to understand it, rightly. Misguided love follows on misguided and false knowledge, detestation often follows on the footsteps of ignorance. To a very great extent, the intensity' and scope of our love will depend on the genuineness and grasp of our knowledge. All religious preach God. They do so, not so much by word of mouth as by their whole life. Their preaching--and this is the judgment of the great minds of the Church- since it is by action, can make a far deeper and more lasting im-pression on the world than any or all the sermons preached in Notre Dame Cathedral. For religious are their own sermon and their own cathedral. In preparing and preaching .their sermon to the world, they must study, not so much the spoken word, as the far more powerful and vocal deed. If .we could summarize in a few words the influence which it is the role of a religious to have on the world about him, it is this: it is his vocation in life to teach the whole world this v~ery important lesson, "We have here no lasting city, but we look for 6ne which is to come." By their life, religious must preach that lesson to the world. It is the holy and privileged task of every religious to make the world unworldly, to teach the world to be divine, and to lift up the mind and heart of the world to God in one great offertory. The vocation of a religious is brought home to him every day in the Preface of 257 BONAVENTURE BALSAM. Review for Religious the Mass; he is to lift up the heart of the world to God in love, "Sursum Corda.'" And where a religious does not find love, he must see to.it that God puts love there. As St. John of the Cross says: "~ 'here there is no love, you must put love." To preach that sermon with its double element of detachment from the world and clinging to God is the vocation, par rxcellence, of every religious brother and sister. In a special way, and by special right, religious can apply to themselves the words of the same St. John: "The life of every religious sho~,ld be a complete doctrinal sermon." The life of every religious is one continuous paradox, a divine anomaly. Religious must love the whole world and everyone in it; yet they must ceaselessly try to keep it dis-satisfied with itself, discontented. Their life is one of opposi. tion to the spirit of the world and its maxims, one of constant disagreement and protest. That is a most unenviable task; and, like all opposition and protest, it brings with it much enmity and misunderstanding. That is why the-world often and in many ways misunderstands religious and scorns them. That is why, too, religious sometimes misunderstand them-selves and their role in the salvation of the world. In walk-ing down the street, every step a religious takes is a sort of step of protest, of admonition. He protests to the world and warns it that the glitter and tinsel meeting the eyes on all sides are all too ephemeral and passing and petty and that the only One worth living for and loving with every fibre of one's being is God. The way that they teach this to the world which they live in, but away from, is a most efficacious one. Religious preach to the world by the daily living of their vows which make their life unearthly because heavenly. By their vow of poverty religious lecture on the unending wonders of divine Providence. They lecture on that subject though they may never actually utter a word about it; they do not have to, for they live their subject. By the mere fact that they have freely and gladly relinquished all claim and aspira- 258 September, 1957 GOD'S LIVING SERMON tion to this world's goods, religious proclaim to the world that they trust in God's divine providence with an unshakeable confidence and that "possessing nothing, they have all things." For they have learned to "cast your care upon the Lord, who cares for you." Religious daily experience the truth of St. Paul's words: "As needy though enriching many; as having nothing and possessing all things." By that childlike confi-dence in divine Providence, a confidence solidified andmade a very part of their life and reridered inamissible, as it were, by their vow of poverty, religious take at face value the loving promise of our Lord that, if God is ever careful to feed the birds of the air and clothe the grass of the fields, will He not take infinitely greater care of a religious who is of much more value than they and the rest of the material universe combined? Moreover, by their vow of poverty religious te.ach a materialistic world an important lesson in divine economics, for they teach the world a proper sense of values, a divinely wise and exact evaluation of all creation. Religious appraise things for what they are--and are not--and proper ap-praisal of a thing is indispensable for its true appreciation and enjoyment. One can never love a thing rightly until one knows its true value; j~ust as one can never know its worth unless one knows the value God places on it. All of which means that we can never love a creature rightly except in and through God Who makes it worth whatever it is. In teaching mankind all this by ~he daily living of their vow of poverty, religious are teaching a most wise lesson. In so doing, they themselves become more wise and share their wisdom with others. For it belongs to the wise man to order and evaluate things rightly. By their vow of chastity, religious teach the world another saving lesson; they teach a selfish and unsacrificing world the value of sacrifice. Religious teach the world the fruitfulness of unfruitfulness. They teach the world that in order to win more of the children of God they have given them up. Relig- 259 BONAVENT~JRE BALSAM Review for Religious ious teach a grasping world that, in order to gain what is really worthwhile, one must lose what is really not worthwhile. They teach the world that oi~ten the only way to conquer is to surrender and that everything that one gives up for God he gains back again in God, and "pressed down, in good measure, and flowing over." And God besides. Religious give up a lesser privilege t~or a .greater one; they t~orego the privilege of bringing children into the world because to that privilege they pret~er the greater privilegi~ of bringing God into the world. So, in actuality, the chaste brotherhood or sisterhood of a religious is far more fruitful and noble than wedded t:ather-hood, or motherhood. There is something more that religious can do t~or the world and for God's children which often goes unappreciated even by themselves. Religious should realize the element of personal reparation and vicarious atonement inherent in their vow of chastity./ Vices are not only expelled, but are most fittingly atoned for, by. their opposite virtues. Religious are God's "chosen pedple." They stay the avenging hand of God by the purity of their lives. God, in looking upon the un-earthly purity of His religious, is moved to forgive the morass of impurity in which a great part of mankind is floundering and to give it grace to repent and change its evil ways. Here, again, the life of religious is a living protest to a "wicked and adulterous generation." The protest they lodge against the world is the silent protest ot~ their unassuming though uncon-cealable modesty and purity which, "like a city seated on a mountain top, cannot be hid." By their entire and absolute chastity, religious work to make this carnal world into a holy and pure generation. They must offer up their chastify, which makes them akin to the angels, as a protest to the world and and as a propitiatory sacrifice for its unspeakable impurities. Only the pure o~ heart will ever see God,. and they alone will be able to show God to others. God makes use o~ the conse-crated purity ot~ a religious to sterilize the world ot~ its in~ection 260 September, 1957 GOD'S LIVING. SERMON of impurity. Thus the~ freely chosen childlessness of religious is, .indeed, most fertile of good--their holy barrenness begets countless children of God. By their vow of obedience, religious proclaim to the world that the root of all sin lies in inordinate self-love and inordinate self-will. And they teach the world the remedy fo~ this ill. By their obedience, religious tell the world that the only way to escape out of the maddening labyrinth "of self and selfish-ness is to take one's will in both hands and exchange it for the #111 of God by riveting it to His most Sacred' Heart. The o~nly way to be truly free is.to serve m to serve God without stint. In this exchange of wills one's own narrowness and smallness are exchanged for the infinite generosity of God. The stagnate pool of selfishness ,is displaced by7 the restless sea of love which is God's holy will. And since the will of God is the cause of all good; since, too, religious have exchanged their will for His by vow, then they too will bring into the world and into the lives of men unlimited good. Religiods, by the life they lead, will diffuse through the universe some of the infinite goodness of God. In this vowed exchange of wills with God, religious be-come more and more sinless. For the more God's will dis- 'places theirs and becomes the motive force of their life and actions, the more religious approa.ch the state of impeccability --the impeccability of God's holy will. Hence, the more and longer God's. will works in them, the less will they fall into daily sins and faults, and the more they will do, and diffuse, good about them. The world seeing this transformation in religious, their own fellowmen, will first wonder at them, then admire them, and finally imitate them. And when the world imitates them, religious thus renew the face of the earth. They and the life they live. Besides being a living sermon on G~d, every religious is a living mystery also. Religious must have all the elements 261 BONAVENTURE BALSAM Review for Religious about them of a true mystery of faith. They must be thor-oughly supernatural. They must think, will, and act always on a supernatural plane. They must survey the whole of their own life and every event that befalls them from that super-natural ~vantage point, from the loft~; peaks of faith. Their viewpoint, their perspective of everything will always and every-where be determined by faith. Nothing will be purposeless; everything will be judged according to a divine pattern. All their assignments, and the minutest details and circumstances surrounding those assignments, must be looked upon and judged with the eyes of faith. The hardships and crosses of a par- ' ticular assignment, the trials and difficulties attached to an act of obedience, the misunderstandings and false accusations that may dog their steps, all these must be seen in their supernatural light. They must be seen as~having a definite .place in God's plan for their sanctification and salvation. Never will religious live on the merely natural level mthe level of those who have no faith. Rather, they must, under all circumstances, "live in such a way that their life would not make sense if God did not exist." God and their great faith in God must determine every decision religious make, must be the heart in every one of their motives for acting. By profession, and even more by religious consecration, religious belong to God and are familiar with God's ways. But religious are a living mystery for more reasons than that. As in the case of every' mystery, their life is one of im-penetrable paradox. Religious are in the very midst of the wo~ld, though they can never claim any of it as their own. By profession, they are consecrated down to their fingertips. Though they are vowed to seek after that peace which only God can give, still they are ever stirring up discontent and dissatisfaction. They are ever fomenting a rebellion against the ways of the world. A religious is an aposde of elevation; his whole life tends to. raise the general worth and standards of. mankind by the 262 September, 1957 GOD'S LIVING SERMON unearthliness and loftiness of his own life. He is the divine yeast in the rather inert and formless mass'of humanity without God. He is what the priest has been called, "the minister of restlessness." In looking upon his life, the world is wounded with a sort of tormenting longing for the divine. A religious may be rightly called "an apostle of the abso-lute." He is ever on a relentless search, a quest, not for that which is merely good, but for that which is God, for the Per-fect. His very religious consecration makes him ever a pilgrim, ever a foreigner to this wor/d, and en route to see the face of God. Whatever he finds, good, whether in himself or in others, he must ever try to make better. He is gripped by a continu-ous and divine unrest, which, oddly enough, is the great source of the profound peace which surrounds his life. That unrest takes the form of a hunger to be more united to God, though he knows full well that divine union must entail the painful surrendering of deep-seated attachments. It entails turning a deaf ear to the unending call of the flesh to pla~ riot in the warm fields of its pleasures; it entails purging out of one's spiritual organism the multiplicity of sins which plague it and keep it undeveloped, ~tunted, and impede its more complete union with God. All this means pain, struggle, denial, sacri-fice, and death. But the religious is equally aware that in the midst of all this struggle to embrace his God and never to let Him go there is a joy that makes all this tremendous effort and strife insignificant, short-lived, accountable as nothing at all. He knows that the more he peels away the outer bark of bitter self, the more he sees and tastes of the fruit of God with-in. He knows that the sufferinss of these times are like seasoning, sharp and bitter, but necessary to taste one's God, indeed to consume Him in love. Like ev.ery mystery, the religious .must remain beyond. the ken and grasp of the generality of mankind. He will be misunderstood, his actions misconstrued. So lofty and extra-ordinary is his life that those who see only with a fleshly eye 263 BONAVENTURE BALSAM will say that it is impossible or a huge deception. He will be considered a cowardly fugitive from the world, from reality; 'whereas, in truth, he pursues thd world in its flight from God, takes it in his arms as a father does a recalcitrant child, and offers it up to God in love. Instead of being a dreamer, as he is accused of being, he is the world's greatest realist, for he knows and appreciates God, the cause of all reality, and claims Him as his very own possession and gift to the world. Since he is a sort of special creation of God, the religious must remain unknown; he must n~ver become profane. When his life becomes common, banal, vulgar, a byword among the people, he is no longer a living and sacred mystery; he is now common knowledge. He has then lost that necessary quality of' super-naturalness. He must ever remain like a beautiful tree with its roots hidden in the earth and its head and heart in the heavens. Every religious is a living mystery. Like every divine mystery, he must be accessible to all those who ai, e seeking God. He and his life must ever be a source of awe for the world. Being a pilgrim and an apostle of the absolute, of perfection, he must keep the world dissatisfied, discontented with its smug and mediocre ways. He must be .the tangible and living expres-sion of the life of God and the degree in which it can be shared by grace. His life must be one of elevation, of an offertory. Sworn to pursue perfection, he must make himself and the world one grand host of love offered up to God in adoration, thanksgiving, petition, and atonement. From ttie rising of the sun even to the going down thereof, the religious must be a liv!ng mystery and sermon of God. 264 Dismissal ot: Religious in Lay Insfit:u es Lloseph g. Gallen, S.,J. 1. Definition. Dismissal is the compulsory departure from a religious institute during the time of the vows of the religious. Any religious, whether of solemn or simple vows, perpetual or temporary, may be dismissed. Dismissal is effected by the de-cree of the competent superior and by law, ipso facto, or automatically because of the commission of any of the crimes specified in canon 646. The present article is confined to the dismissal of religious in lay institutes. However, the norms are the same in other institutes for the dismissal of a professed of temporary vows and also for men of perpetual vows in a clerical non-exempt institute. The canonical prescriptions for the dis-missal of a clerical or lay religious man of perpetual vows in a clerical and exempt institute are likewise the same as in a lay institute of men except that in the former the crimes, admoni-tions, and incorrigibility must be proved in a judicial process. The provisional return to secular life is essentially the same in a clerical exempt institute (cc. 653; 668). The laws of the code and of the particular constitutions must be accurately' and sincerely observed in a dismissal. They were enacted to protect the rights of both the institute and the individual religious. It is very likely that an unusual number of highly unsatisfactory religious justifies a complaint against facility of admission and retention during the probationary periods rather than against the difficulty of dismissal. It is evident, also that the age of the religious is to be considered before deciding on the formalities of a dismissal, even though this is not mentioned in the code. Older religious should be dismissed only for most serious reasons. Their adjustment to secular life, especially in the case of a religious woman, is obvi-ousl'y more difficult. A religious whose conduct merits serious 265 JOSEPH F. GALLEN Review for Religious thoughts of dismissal should practically always be first encour-aged to ask for an indult of secularization. Those who are found certainly unsuitable at any time during temporary pro-fession are to be counseled to ask foi: an indult of secularization rather than to wait until the voluntary departure or exclusion at the expiration of temporary vows. I. Competent Authority for Dismissal by Decree and for Final Adjudication of Provisional Sending Back to Secular Life . 2. In pontifical congregations. (a) For professed men and women of temporary vows (c. 647, § 1). The competent authority is the superior general with the deliberative and secret vote of his council. In the few constitutions where his part in any dismissal is mentioned, it is prescribed that the pro-vincial should consult his council before proposing a dismissal to the superior general. The provincial will usually, in fact, initiate a dismissal by proposing it to the superior general, Since the matter is one of greater importance, in prudence he should at lea~t ordinarily consult his council before doing so. (b) For professed of perpetual vows. 1° In congregations of men (c. 650, § 2, 2°). The superior general with the consent of his council is competent to decree the dismissal, but his decree has no effect until it is confirmed by the Sacred Congregation of Religious. 2° In congregations of women (c. 652, § 3). The Sac/ed Congregation of Religious alone is competent to decree the dismissal. 32 For professed of temporary or perpetual vows in diocesan congregations of men or women (cc. 647, § 1; 650, § 2, 1°; 652, § 1). The competent authority in all cases of men or women is the ordinary of the diocese where the house to which the religious is attached is located. The ordinary of the diocese of the generalate is competent only for religious attached to houses' in his diocese. In virtue of canon 647, § 1, the local ordinary may certainly initiate the dismissal of a professed of temporary vows. He probably possesses the same .right with regard to professed men or women of perpetual vows.' If the 266 September, 1957 DISMISSAL IN LAY INSTITUTES ordinary initiates the dismissal, he is obliged to inform the superior general before dismissing the religious. He is also obliged to give consideration to the reasons the superior gen-eral proposes against the dismissal and is forbidden to dismiss a religious, if this superior ha~ just reasons against it. If he does so, the superior general has the right of recurring to the Sacred Congregation of Religious. 4. Societies living in common without~ public vows (c. 681). The norms of dismissal for pontifical and diocesan religious congregations ~pply also to these pontifical and diocesan socie-ties, i. e., the norms for the professed of temporary vows apply to members whose bond is temporary, those for religious of perpetual vows to members whose bond in such a society is per-petual. 5. In monasteries of nuns. (a) For professed of temporary vows .(c. 647, § 1). If the monastery is not subject to regu-lars, the competent authority is the local ordinary of the mon-astery. If the monastery is subject to regulars: two opinions are probable, i. e., the competent authority is either only the regular superior or, the more probable opinion, the regular superior and the local ordinary acting conjointly. (b) For professed of perpetual vows (c. 652, § 2). The competent authority is the Sacred Congregation of Religious, but all the documents and acks of the case are to be transmitted to the congregation by the local ordinary of the monastery with his own vote and that of .the regular superior, if the mon-astery is subject to regulars. 6. Obligation of competent authorities. The competent au-thorities, as well as the superior and his council who propose a dismissal to such authority, have a grave obligation in con-science to observe the norms for dismissal imposed by canon law (cf. c. 647, § 2). ~ Tabera, Corntnent,~rium Pro Reli]io$i$, 13-1932-124-25; 14-1933-35; Schaet:er, De Religiosis, n. 1602; Quinn, Relation of t/~e Local Ordinary to Religious o/ Diocesan/l$/~ro¢,al, 103-105. 267 JOSEPH F. GALLEN Review for Religious . II. Dismissal by Decree of a Professed of Temporary Vows (cc. 647-48) 7. Sufficient" reasons for dismissal. (a) ' General principles (c. 647, § 2, 1°.3°). The authority dismissing a religious of tem-porary vows must have. moral certainty, i. e., a judg,ment that excludes a founded doubt, of the existence and sufficiency of the reasons. The reasons must be external to the extent that they are known by others. They mu~t also be ~sekious'or grave, which does not imply serious moral culp~ibilit~ or any culpa-bility at all. The general principies on the sufficiency 0f the reasons are that it is to the good of the institute not to retain the subject; the institute will suffer a notable harm or serious incon;cenience in retaining him; there is no hope that ~he reli-gious will be able to conform his life in a creditable or praise-worthy manner to the demands of .the constitutions; "lie lacks the general aptitude for the religious life or the special aptitude requisite for the spiritual life or works of. the particular insti-tute; and any reason is sufficient that is of the same or greater import than that stated by way of example in canon 647, § 2, 2°, i. e., a defect of religious spirit that 'is a cause of scandal to others. It is probable, as under exclusion from a further profession,~ that after more than six prescribed years in tem-porary vows a religious may be dismissed or~ly for reasons that are sufficient to dismiss a professed of perpetual vows. (b) Particular sufficient reasons (c. 647, § 2, 2°). A sufficient reason on the part of the institute is the lack of aptitude stated in the preceding paragraph. Sufficient-reasons on the part of the religious himself can be reduced to intelledtual defects, which is included under aptitude above, to health, which will be explained below, and to moral defects. Moral defects constitute" tl~e principal motive for dismissal. The code mentions only one sufficient cause of dismissal by way of ex-ample, and this is a habitual moral defect, i. e., a defect of 2Cf./IEwsw FOg RELXG~OL~S, July, 1957, 216-18. 268 September, 1957 DISMISSAL IN LAY ]INSTITUTES religious spirit that is a cause of scandal to others. This defect can be ascertained from the conduct and motives of the religious and from the effect of his conduct on others. Such a religious seems to lack all supernatural motives, and' acts almost constantly from those that are purely natural. He is de~oid of love, attachment, and devotion to the religious life and its duties. His transgressions arise from habitual negligence, sloth, weariness, perversity, and ill will, not from accidental weakness and frailty. He ,manifests little care or effort for per-sonal sanctification. In his conduct he "habitually violates the constitutions, rules, customs, and usages of the.institute, even if not in relatively serious matters. He obeys superiors with diffi-culty in matters that are not strictly commanded. He habitually omits, performs carelessly, or places little value on religious exer-cises. In its effect on others, the conduct described above is already scandalous in a person consecrated to God. Such conduct and the fact that .the motives and state of his will externally manifest themselves decrease in others respect and 'devotion to the religious life and its duties and make observance of religious disci-pline by others more difficult. Often there, is added the direct insti-gation of others to violations of religious duties and discipline. Among the equivalent habitual moral defects are the follow-ing. 1° Obedience. Habitual, unwilling, and grudging obedience; .habitual murmuring against and criticism of superiors; habitual negligence in fulfilling duties assigned by superiors. 2° Poverty. Repeated violations of the vow and of common life, even if not in serious matters. 3° Anger. One who is habitually quarrelsome or has an" ungovernable temper that~ breaks out in frequent and serious fitsof anger and causes frequent disturb-ance of the peace of the community, loss of peace of soul, insults, and injuries to companions, .and dissensions in the community. 4° Charity. One who is addicted to faults of the tongue that annoy, disturb, or provoke others to quarrels, Or that consist of frequent calumnies, detractions, imprudenc~e in speech or violations of secrets. 5° Disturber of the peace. A 269 JOSEPH F. GALLEN Review for Religious habitual disturber of the peace of the community who creates or fosters dissatisfaction, dissensions, factions, or provokes to quarrels. 8. Necessity of repeated admonition and salutary penance with-out effect (c. 647, § 2, 2°). Any habitual moral defect is a sufficient reason for dismissal only when a repeated admonition together with a salutary penance has produced no effect. The code demands only that the subject should have been admon-ished at least twice, orally or in writing, secretly or in a manner /hat can be proved, by a local or higher superior, to reform his conduct. Canon law does not require here that the admoni-tion be given in virtue of a mandate from a higher superior or that a threat of dismissal be. added to the admonition. The salutary penance to be added to each admonition i~ one suitable for effecting the reform of the religious and the reparation of the scandal" already given. It will consist of the penances in use in the particular institute, e. g., recitation of determined prayers, an act of humility, or a public acknowledgment or reprehension of defects. A sufficient period of time is to be allowed to pass "after the second admonition to permit the religious to reform his conduct. After this period, if he has ¯ nbt reformed his conduct to such an extent that it can no longer be considered a sufficient cause for dismissal, he may be dismissed. Both for the reform of the religious and proof in the eCent of dismissal and recourse, the more secure and prudent ¯ dgctrine is to be followed in practice, i. e., a threat of dismissal is to be added to each admonition and the admonition and penance are to be given in such a way that there will be proof that both were given and received. This can be accomplished b'y¯giving the admonition and penance before two witnesses or in writing. A copy of such a document is to be retained. by the institute. 9. A single act as a sufficient reason. A religious of temporary vows may be dismissed because of a very serious single act, 270 September, 1957 DISMISSAL IN LAY INSTITUTES e. g., a grave external s_in against chastity; formal contempt of the authority of superiors; violation of a formal precept .of obedience; an act that creates a danger of notable harm or infamy to the institute; serious scandal given once or twice in the community, or what is more serious, to seculars, when there are indications that the same thing will happen again.-~ A pro-fessed of temporary vows who becomes a fugitive from religion or does the same thing as an apostate from religion, even though he cannot technically be called an apostate because he is not in perpetual vows, may be dismissed because of either of these acts. :~ 10. Insul/icient reasons (c. 647, ~ 2, 2°). The statement of the religious that he never possessed or has lost a religious vocation or the mere agreement of the institute and the religious that he be dismissed are insufficient reasons. In either case, the religious, giving all the reasons that actually exist, may ask for an indult of secularization or may wait and depart at the expiration of temporary vows. Ill health is a sufficient reason for dismissal only if it was certainly fraudule.ntly concealed or dissimulated before the first profession of temporary' vows. Everything said under exclusion from a further profession because of ill health, lack of ability arising from ill health, ailments such as hysteria and neurasthenia, and insanity apply here also.~ 11. Procedure (c. 647, § 2, 3°). No special process is pre-scribed for attaining certainty of the existence and sufficiency of the reasons for dismissal nor for decreeing the dismissal. If it is d~cided to proceed to dismissal, the .necessary preliminary data should be written out first, i. e., the religious and family name of the subject, age, date of entrance into the postulancy and noviceship, date or dates of temporary profession, and the houses and employments to which the religious had been assigned. To this should be added a brief and accurate descrip-tion of the previous conduct of the religious. The formalities 3 Cf. REVIEW FOR RELIGIOUS, May, 1957, 162-63. -1 Cf. REVIEW FOR RELIGIOUS, July, 1957, 219-20. 271 JOSEPH F. GALLEN Review for Religious of dismissal are practically always preceded by a protracted period o'f most unsatisfactory conduct. The decision on dis-missal is then to be studied and obviously with the greatest care. The matters to be decided are whether certain proof is had of the existence and sufficiency of the reasons, of the admonitions given privately and of those given in writing or before witnesses with a threat of dismissal, and of the lack of effect, of these admonitions. Proof of the existence of the reasons will ordinarily be from signed statements of local superiors and councilors, principals of schools, companions in religion, etc. Canon 647, ~ 2, 3°, prescribes that all the reasons for dismissal, not the proofs nor the names of the witnesses, be manifested to the religious orally or in writing before dismissal. The proposal of the reasons in writing is preferable for proof. The religious must be given full liberty and a su~cient amount of. time to reply to the charges. He is .to be counseled to reply in writing. If his replies are given orally, they are to be taken down immediate!y in writing and he is to be requested to sign them. If he refuses, this is to be noted in the document on which his replies are given. His replies are to be submitted fully to the authority competent for dismissal. Everything given above in this number should have been followed also by the superior general and his council in a diocesan congregation and the superioress and her council in a monastery of nuns before tl~e written petition for dismissal is forwarded to the competent authority. The vote of the council should be given in writing to this authority. In a monastery of nuns, this vote must be deliberative.~ In a diocesan .congregation, the superior general will present the petition for a dismissal to the local ordinary; but the constitutions will frequently require the con-sultive or deliberative vote of his council for such a petition. The local ordinary and the regular superior must have certainty ~Cf. Tabera, Commentarium Pro Religiosis, 12-1931-372-73; Larraona, ibid., 2-1921-364-65; Schaefer, 010. cir., n. 1584. 272 September', 1957 DISMISSAL IN LAY INSTITUTES of the existence and sufficiency of the reasons alleged in the representations of the superior. They accordingly have the right and duty of investigating the existence of the reasons, although this is usually proved in the proposal of the superior, and of weighing the seriousness of these reasons. 12. Dismissal. If the decision is for dismissal, a decree" of dismissal should be drawn up containing the date, name of the religious, the reasons for dismissai, and the statement that the religious is therewith informed of his right of suspensive recourse against the decree to the Sacred Congregation of Religious. The decree should either be read to the religious or he should be given a copy of it. Either the original-or a copy of the decree and of all the proofs and documents in the case is to be retained in the files of the institute. It would be well to give the religi-ous a written statement to the effect that he was l~gitimately dismissed from the institute and freed of all his vows and obligations. In the presence of two religious as witnesses, the dismissed religious is to be asked to sign the following or a similar docu-ment after it has beenread to him. "I realize that I am hereby informed that'I have the 'right of recurring to the Sacred Congregation of Religious against this decree of dismissal and that, if I make this recourse within ten days from this date, such a recourse will suspend the effect of this decree until offi-cial notification is received that the decree has been confirmed by the same Sacred Congregation." The two religious witnesses are also to sign as such. If the dismissed religious will riot sign, this refusal is to be noted on the document; and the two religious witnesses ard also to attest on the document to this refusal. This document also is to be retained by the institute. If the religious has already left the institute illicitly, th'e notification of the decree and of the right of suspensive recourse is to be sent to him by certified mail, which provides for a receipt, to the sender and a record of delivery at the offi~ce of the address. 13. Suspensive recourse (c. 647, § 2, 4°). The one who 273 JOSEPH F. GALLEN Review for Religious communicates the decree of dismissal is counseled in a reply of the Sacred Congregation of Religious to inform the religious of his right of recourse.° This should always be done; and several authors advise that this information be included, as above, in the decree of dismissal. The religious has the right of making a suspensive recourse to the Sacred Congregation of Religious against the decree of dismissal within ten days from the date on which he was informed of the decree. The first day is not counted. If the religious was informed of the decree on June 1, the time begins to run on June 2 and expires ~it midnight of June 11-12. The time does not run for any period during which the subject is ignorant of his right or unable to act, e. g., because of illness. The recourse is to be made by letter, either immediately by the subject or mediately through the superior who communicated the decree to him. The subject is to give his reasons againsf the dismissal. Proof that he had made the recourse is had by the authentic document of his own letter or the testimony of two trustworthy witnesses. The recourse within ten, days suspends the effect of the decree, which is completely ineffective until the authority that issued the decree is notified of its confirmation by the Sacred Congre-gation of Religious. While the recourse is pending, the subject is not dismissed and remains a religious with the same obligations as any other professed of temporary vows. He has the right and obligation of dwelling, under obedience to superiors, in the religious house assigned by them. If the religious does not wish to make recourse but to leave the institute immediately after the. decree is communicated to him, he may do so. Superiors may oblige him to leave immediately only if he has declared in writing that he will not m~ike recourse.7 Otherwise the religious is to remain until the ten days have elapsed without recourse having been 0 Bouscaren, Canon Law Digest, 1,329. ¢ Cf. c. 1880, 9°; Coronata, Manuale Practicum luris Discipli~iaris et Criminalis Regularium, n. 248. 274 September, 1957~ DISMISSAL IN LAY INSTITUTES made. A subject may als6 make recourse after the lapse of the ten-day period, but such recourse does not suspend the effect of the dismissal, 14. Effects of dismissal (c. 648). Canon 648 frees a professed of temporary vows, as soon as the decree of dismissal is effective, from all the vo~,s of his religious profession. There is no need of a dispensation from the vows. The ~ther effects are the same as explained under secularization in the REVIEW FOR RELIGIOUS, September, 1956~ 233-36. III. Dismissal. By Decree of a Professed of~ Perpetual Vows (cc. 649,52; 669, .~ li 672, ~ 1) 15. Sufficient reasons. (a) In institutes of men (cc. 649; 656, I°). Three grave and external crimes of the same or different species in the proper sense of canon 2195, § 1, two admonitions, and incorrigibility a~e necessary. A violation of any positive law accompanied l~y special gravity or scandal is also a crime (c. 2222, § 1). The following are examples of sufficient ¯ reasons:' serious sins against common life, external si~s against chastity, disobedience to formal precepts, formal contempt of authority, rebellion against superiors, seriously impeding the government of superiors, creating or fomenting factions in the community, drunkenness, striking companions in religion, seri-ous diffamation of others or 0f the institute, apostasy or flight from religion, as also violations of the vows or of the ~onstitutions that constitute a specially grave offense or give rise to~ grave scandal in or outside the institute. These acts must be seriously sinful objectively and subjectively. Crimes of different species should be such as to reveal, when viewed collectively, a will obstinate in evil (c. 657).s (b) In institutes of women (c. 651, § 1). The same reasons are required for the dismissal of any religious woman of per-petual vows, whether solemn or simple. The reasons must be s Cf. Creusen, Religious Men and Women in the Code, n. 353; Bastien, Directoire Canonique, n. 634, 1, 1°; Tabera, op. cit., 14-1933-267; Beste, Introductio in Codicem, 443,448. 275 JOSEPH F. GALLEN Review for Religious external, culpable, serious, and joined with incorrigibility. The reasons have to be external to the extent that they are known by others. The code requires culpable but does not certainly demand seriously culpable reasons. Inculpable reasons, e. g., lack of aptitude and physical and intellectual defects do not suffice for the dismissal of a perpetually professed religious. The reasons must be serious or grave. Finally, the reasons must be joined with incorrigibility, i. e., attempts at correction were made and their lack of success proves that there is no hope of amendment. ~The following are general examples of sufficient reasons: violations of the vows, constitutions, and religious dis-cipline that are considered more serious, even though in them-selves they are not mortal sins, or that cause serious scandal in or outside the community; and conduct that causes a notable spiritual or temporal harm to the community. The following are examples of particular sufficient reasons: repeated violations of~the vow of poverty, even after admonitions, reprehensions, penances, and even though the matter in itself does not consti-tute a serious sin; repeated and more serious acts of disobedi-ence; exciting others to rebellion and insubordination; arousing others against superiors by word or conduct; impeding the authority of superiors; disturbing the peace of the community by constant murmuring and complaints; causing dissensions and factions in the community; and the diffamation of the institute or its members among seculars. The reasons given above for men also evidently suffice for the. dismissal of women, since less serious reasons are required for the dismissal of women. Incorrigibility supposes repeated or habitufil actions. There-fore, one violation does not suffice for the dismissal of a per-petually professed religious woman. As in the case of religious men of perpetual vows, there must be at least three violations or one continued violation which, after a double admonition, becomes vi'rtually three violations. These three violations may all be of the same species, e. g., all against poverty; they may be of different species, e. g., one against poverty, the second 276 September, 1957 DISMISSAL IN LAY INSTITUTES against obedience, and the third contrary to charity. The one continued violation is verified in such things as apostasy from religion, being a fugitive from religion, and a refusal to obey. The apostate who has been admonished twice to return to religion and refuses commits virtually three violations, the original act of apostasy and the two refusals to return (c. 657). 16. Attempts at correction and 'incorrigibility (cc. 649; 656- 62; 651, § i). Everything below on the admonitions and incor-rigibility is of obligation 'from canon law in lay institutes of men. The code does not determine just what' 'the attempts at correction are to consist of in the case 'of religious women but leaves these and the judgment of the incorrigibility to the supeiioress. However, the doctrine that is more probable :in itself and to be followed in practice is that the canons on religious men should be extended to women, i. e., there should be two admonitions coupled with suitable corrections and penances. When these produce no effect, the religious wom£n may be judged in-corrigible. 17. Admonitions (cc. 658-62). (a) Prerequisite certitude of first violation (c. 658). Before the first admonition may be given, there must be certitude, not mere suspicion, probability, or conjecture, of the commission of the first violation. If cer-titude is not had, a further investigation of the conduct of the religious may be. made. If the investigation does not give certitude, an admonition may not be given. (b) Matter of the admonitions (c. 661). The' essentialnotes of an admonition are three: the superior reprehends the religiou~ for the violation already committed; warns him to avoid slich conduct in the future; and adds a threat of dismissal if the religious should persist in such conduct. The thi:eat of dismissal is always to be added to the admonition in the case of a per-petually professed religious man or woman (c. 661,. § 3). 9 Statuta a Sororibus Externis 8er~anda, n. 119; Coronata, lnstltutiones luris Canonici, I, n. 651; Palombo, De Dimissione Religiosorum, n. 179; Tabera, o~. cit., 13-1932-123; Bastien o/,. tit., rt. 639, 3. 277 JOSEPH ~. GALLEN Review for Religious The superior is also to add to the admonitions: 1° an apt exhortation, i. e., to give motives to the religious for the reform of his conduct; 2° an apt correction, i. e., to show the religious the disorder of his past conduct, its effect on himself and .others, on the community and the institute; 3° preventive measures against a future violation. Almost necessarily these will imply putting the religious under the vigilance of a superior. Other such measures that the particular case demands are also to be employed, e. g., changing the employment or house of the religious and, in general, removing and lessening the occasion of a future violation. 4° apt penances. These are to be added to each admonition. Their aptitude is to be judged from their suitability for effecting the amendment of the religious and the reparation of the scandal already given. (c) Number and form of the admonitions (c. 660). There must be two admonitions, one for each of the first two viola-tions. In a continued violation, at least three full days must elapse between the first and second admonition. The admoni-tions are to be given in such a way that there will be proof that ' they were given and received. They are accordingly to be given before two witnesses or in writing.When given before witnesses, it is better to have the admonition also written out, to retain a copy, and have the two witnesses sign this copy to the effect that they witnessed the giving of the admonition. If given in ¯ writing, the religious is always to be made to sign a document to the effect that he received the admonition, a copy of the admonition is always to be retained, and two witnesses are to attest that the copy agrees with the original. If the religious is'outside the institute, e. g., as an apostate or fugitive, the admonition is to be sent to him in writing by certified mail (cf. n. 12). (d) Competent superior for admonitions (c. 659). In institutes of men, the admonitions should be given by the immediate higher superior personally or through another authorized for the purpose. An authorization given for the first admonition 278 September, 1957 DISMISSAL IN LA~ INSTITUTES suffices also for the second. From analogy, the same principles are to be followed in an institute of women. (e) Interval and violation after the second admonition (c. 662). After the second admonition, there must be a third vio-lation or a refusal to obey the second admonition in the case of a continued violation. An interval of at least six full days is to elap, se between the second admonition and any further action in a continued violation.'° After the third violation or the lapse of the six days without sincere repentance, the religious is canonically incorrigible and may be dismissed. If he sincerely repents within the six days, ¯ he is not incorrigible and may not be dismissed. If such repen-tance is verified only after the third violation or after the six days, action on the dismissal may be continued, since the religious is canonically incorrigible; but it would be better to discontinue such action provisionally, because the religious is not in fact incorrigible,n If the religious later commits another violation, the formalities of dismissal may be continued unless the reforma-tion of thereligious was sincere and complete. Such a reforma-tion excludes the computation or inclusion of past violations and admonitions and requires that the formalities of dismissal be begun anew. A sincere and complete reformation demands that the religious, e. g., have avoided the occasions of violations, have been willing to repair scandal by public penance, and have been more than ordinarily faithful to religious observance. The common doctrine is that such an amendment of conduct should have continued for three years, but a lesser space of time, e. g., a year, will su~ce in the case of extraordinary repentance.12 l°Cf. Tabera, 0p. cit., 14-1933-273; Toso, Commentaria Minora, II, II, 268; Chelodi-Ciprot~i, lus Canonicura de Personis, n. 291; De Carlo, Jus Religiosorum, n. 587. 11Cf. Goyeneche, De Religiosis, 217; De Carlo, oiO. cir., n. 587; Schaefer, oil: clt., n. 1629; Palombo, 0/~. cir., n. 113; Coronata, 0/L cir., 867; Beste, 0/~. cir., 450; Jone, Commentarium in Codicem Iuris Canonici, I, 586. ~2Cf. Goyeneche, op. cir., 217; De Carlo, oiO. cir., n. 587; Schaefer, o/,. cir., n. 1629; Palombo, op. tit., n. 114; Beste, oiO. cit., 450; Jone, o~O. tit., 586; Coropata, op. cit., 864. 279 JOSEPH F. GALLEN Review for Religious 18. Procedure (cc. 650-52). (a). Intervention of the superior general and his council. In pontifical or diocegan lay institutes of men, canon 650, §§ 1-2, not only require that- the dismissal of a professe~ of perpe~tual vows be submitted to th~ superior gen-eral but also demand a deliberative vote of his council for such a dismissal. Canon law "does not clearly demand the interven-tion of the mother general nor of her council in the dismissal of .a professed of perpetual vows. However, from analogy with the law on the dismissal of religious men of perpetual vows and the constant practice of the Sacred Congregation of Religi-ous in the approval of constitutions, the dismissal of a professed woman of perpetual vows in both pontifical'and diocesan congre-gations is to be referred to the mother general and h'er council and the council is to have a deliberative vote.la For the same reasons, the deliberative vote of the council is required in a monastery of nuns. The remarks on the provincial and his council in n. 2 (a)apply here also. A proviricial should prac-tically never initiate the formalities of dismissal except after having consulted the superior general. The superior general and his council should have the pre-liminary data on the' religious drawn up, as stated in n. 11. To'this document are to be added a description of the three violations, proof of their existence, and proof that the admoni-tions Were properly given and received. As explained in n. 11, the reasons for the dismissal are tg, be fully manifested to the religious; and his replies in writing are to be submitted to the authority competent for dismissal. The matters .to be decided are whether certain proof is had of the three violations, of the giving and reception of the admonitions, and of the incorrigi-bility of the religious. (b) If the decision is for dismissal. 1° In a pontifical congre-gation. The mother general is to transmit all the acts and a:~Cf. Larraona, Commentarium Pro Religlosis, 2-1921-364-66; Ta~era, op. cir., 14-1933-53-54; Schaefer, op. cit., n. 1608; Jone, op. cit., 578; Muzzarelli, Tractatus Canonicus de Congregationibus Iuris Dioecesani, 175; Goyeneche, op. cit., 219; Bastien, op. cir., n. 640. 280 September, 1957 DISMISSAL IN LAY INSTITUTES documents of the case along with the vote of her council to the Sacred Congregation of Religious (cf. n. 2). In a congregation of brothers, the same things are to be sent to .the Sacred Con-gregation. However, the brother general,, with the deliberative vote of his council, decrees the dismissal; but this has no effect until it is confirmed by the Sacred Congregation (cf. n. 2). A superior who transmits a case to the authority competent for dismissal may include further information from himself or the members of the council in, addition to the latter's vote. 2° In a diocesan congregation, of brothers or sisters. The same things are to be forwarded to the local ordinary (cf. n. 3). The matters to be decided by the ordinar~ are the same as those stated above. He may summon the religious, defer the dis-missal and prescribe further attempts at correction, deny the dismissal, or issue the decree of dismissal. 3° In a monastery of nuns. The superioress is to transmit the same things to the local ordinary and the regular superior (cf. n. 5). 19. Dismissal. The religious is dismissed only at the moment that he or she receives legitimate notification of the decree of dismissal or of the confirmation of the Sacred Congregation of Religious in the case of religious men.~ Before that time he may neither leave the institute nor may the institute eject him. He is then to leave the institute, unless he is a member of a diocesan congregation, as will be immediately explained. 20. Recourse. (a) In any pontifical lay institute of men or women. The religious may recur io the Holy See against the decree of dismissal, but this recourse does not suspend the effect of the dismissal. The code gives no such right, and the Holy See has both examined ihe reasons of the religious against the dismissal and has itself effected or confirmed the dismissal. (b) In any diocesan congregation of men or women. The code says nothing on the right of the religious to recur to the Holy See against a dismissal effected by the local ordinary. a4 Palombo, op. cit., nn. 144, 187; O'Leary, Rdi.oious Dismissed after Perpetual Profession, 47-50. 281 JOSEPH F. GALLEN Review for Religious However, it is admitted that the religious has the right of recur-ring. to the Sacred Congregation of Religious against the decree; and, if made within ten days from the date on which the religi-ous was informed of the decree, this recourse suspends the effect of the dismissal. This right to a suspensive recourse follows a fortiori from the fact that such a right is granted to a religious of temporary vows dismissed by the local ordinary (c. 647, ~ i, 4°). Therefore, everything said in n. 13 under ¯ the dismissal of a professed of temporary vows applies here also. 21'. Effects of dismissal (cc. 669, § 1; 672, § 1). (a) If dis-missal frees from the vows. The code itself (c. 669, § 1 ) does not free a dismissed religious of perpetual vows from the vows of religious profession by the very fact of the dismissal. Such a liberation may be effected by a provision of the particular constitutions, or the Holy See may append a dispensation to the dismissal, or the dismissed religious may petition the Sacred Congregation of Religious in the case of pontifical institutes or the local ordinary in that of diocesan institutes for a dispen-sation. 1~ The religious is to be most earnestly encouraged to make such a petition, and the superiors are willingly to aid him. Constitutions of lay congregations submitted to Rome in the earlier years after the Code of Canon Law became effective, May 19, 1918, uniformly do not provide that legitimate dismis-sal of a perpetually professed religious frees from the vows; tho~e submitted in more recent years frequently contain this provision. The latter practice should be followed in any revis-ion of pontifical or diocesan constitutions. Ill such a provision is contained in the constitutions, the dismissal frees from all the vows of religious profession as soon as the decree is effective. There is no need of a dispensation from the vows. The other effects are the same as explained under secularization in the REVIEW FOR RELIGIOUS, September, 1956, 233-36. (b) If the dismissal does not free from the vows (c. 672, § 1). Canon 672, § 1, prescribes that a religious of perpetual is Cf. Muzzarelli, o~. cir., 306. 282 September, 1957 DISMISSAL IN LAY INSTITUTES vows who has been dismissed without being freed of his vows is obliged to reform his.life so that he will be worthy .of being received back into the institute. If the dismissed religious has manifested a complete reform during a period of three years, he is obliged to return to the institute and the la'tter~ is obliged to take him back. Howe.ver, it is the far more probable interpre-tation that this canon applies only to a religious in sacred orders (priest, deacon, subdeacon).'6 If the dismissed lay religious will not voluntarily petition a dispensation from the vows, the practical remedy is to submit the case immediately to the Sacred Congregation of Religious. A professed of~ perpetual vows is also to be given an official statement to the effect that he had been l~gitimately .dismissed, and mention should b~ made as to whether he had been freed of the vows by the dismissal or a concomitant or subsequent dispensation. IV. Dismissal By Law (c. 646) 22. Definition. This dismissal is effected automatically by canon 646 itself by the very fact and at the instant that any of the three crimes specified in the canon is committed. Therefore, the law itself, not the decree or declaration of a superior, effects the dismissal. In its nature, the dismissal is a punishment in-flicted for the crime and also a means given to religious, insti-tutes to free themselves immediately of members who have perpetrated most serious crimes against the religious life. 23. Subject. The subject of the il~so facto or dismissal by law of canon 646 is any professed religious, man or woman, of solemn or any type of simple vows, whether perpetual or tem-porary, and the members who have been aggregated perpetually or temporarily in societies living in common without public vows (c. 681). A postulant or novice is not the subject, but the commission of any of these three crimes is certainly more 'than a sufficient reason for his dismissal by the decision of the competent superior. ~6 Cf. Fanfani, De lure Religiosorum, 703-705. 283 JOSEPH F. GALLEN Review for Religious 24. "Religious who have publicly apostatized from the Catholic faith" (c. 646, § 1, 1°). The crime is simply public apostasy from the Catholic faith. (a) Simply. The canon does not demand that the religi-ous have joined a non-Christian sect, e. g., Judaism, Buddhism, Mohammedanism. The crime can be" verified either in or out of such a sect. "(b) Public (c. 2197, 1°). In the case of a religious, a crime is public when it is actually known or is in serious and immediate danger of being known by at least a notable part of the mem-bers of the religious house to which the delinquent is attached.1~ It is not necessary that such knowledge or danger extend.to the province, institute, or to externs. External apostasy that has not attained this publicity does not effect dismissal by law. (c) Apostasy from the Catholic faith (c. 1325, ~ 2). Apos-tasy is the act of a baptized person who formally" denies or positively doubts about the entire Christian-faith. The unbap-tized are infidels, not apostates, heretics, or schismatics. Formally means that there must be a subjective mortal sin in the act. A doubt is the suspension of the acceptance of the intellect. A positive doubt is had when the intellect judges that there are sufficient reasons for affirming and denying the proposition, that the reasons on neither side are convincing, and therefore the intellect suspends assent to the proposition. In a negative doubt, the intellect suspends assent because it does not p~rceive reasons either for affirming or 'denying the proposition. This is to be classed rather as ignorance. As in heresy, /~ positive doubt constitutes an injury to the faith and is sufficient four apostasy.18 The one who so doubts has had the truth suffi-ciently proposed to him, but he positively judges that the truth is not sufficiently proposed and that contrary reasons make it uncertain. ~ Cf. Michiels, De Delictis et Pornis, 117-18. ~8 Ciprotti, De Consummatione Delictorum, 15; Coronata, o,O. cir., IV, n. 1856. 284 Septe,~be~', 1957 DISMISSAL IN LAY INSTITUTES Apostasy is a denial or positive doubt concerning the entire Christian faith, e. g., the existence of God, the fact or possibility of the Christian revelation, the fact or possibility of the supernatural order. Apostasy is therefore distinguished from heresy or schism. A heretic is a baptized person who formally denies or positively doubts about one or some dogmas of faith. A schismatic is a baptized person who formally refuses to submit to the spiritual authority of the Roman Pontiff or to communicate with the other members of the Church (c. 1325, ~ 2). Canon 646 mentions only apostasy and thus inflicts dis-missal by law only on apostates, not on heretics or schismatics. (d) Excommunication (c. 2314). An apostate incurs by the very fact of the apostasy an excommunication reserved in a special manner to the Holy See. An excommunication demands merely that the act be external and not that it be public. 25. "A religious man who h~as run away with a woman or a religious woman who has run away with a man" (c. 646, ~ I, 2°). The crime will be explained with a religious man as the subject. Four notes are required to constitute this crime. The last three are only probably required in theory but are certainly necessary in fact to effect the dismissaI (cc. 15, 19). (a) The religious man must be united physically or morally in flight from one place to another with a woman. It is not required that the r.eligious be an apostate or fugitive from religion in the canonical sense of canon 644J" Flight in canon 646 has the common and ordinary sense of running away with a woman. The crime, is completed as soon as this notion is verified, without any consideration whatever of the length of absence from the religious house. The intention of returning or not returning, of contracting or not contracting marriage has nothing to do with the crime. Both must flee, since the canon demands that the religious man have run away with a woman. This is verified physically if both start out from the religious house; it is verified morally. 19 Cf. REVIEW FOR RELIGIOUS, May, 1957, 155-64. 285 JOSEPH F. GALLEN Review for "Religious if the religious alone flees in virtue of a previous agreement to meet the woman. The moral union is caused l~y the previous agreement; if such an agreement does not exist, there is no flight. In a doubt, this agreement is'to be presumed if.there was an illicit attachmehr or familiarity beforehand and union shortly after the departure of the religious; otherwise the agree-ment must be proved. The dismissal is effected at the begin-ning. of the flight. The flight described above is always neces, sary. Without such flight, neither concubinage nor the illicit leaving of the. house to sin with a woman, even though done frequently and furtively, constitutes the crime. When tlqe flight of this canon is difficult to prove, as is often true, an investiga-tion is to be made as to the existence of a marriage ceremony. It is rare in such cases that the woman does not insist on some form of marriage ceremony. (b) Probably the motive of the ,flight must be the satisfaction of lust. The iaecessity of such a motive is implicit in the text of the law and is part of the common notion of running away with a woman. Ordinarily this motive is to be presumed as soon as the other notes are verified.2° (c) Probably the woman must have attained puberty and not be a relative by blood or marriage in the direct line (mother, grandmother, etc.) or in the first degree .o~ the collateral line (sister) of the religious man. Puberty in a girl is attained can-onically on the day after the twelfth birthday, in a boy on the day after the fourteenth birthday (c. 88, § 2). The correspond-ing relatives will apply in the case of a religious woman, i. e., father, grandfather, brother. The necessity of this note is founded on the extrinsic authority of several authors. It has little foundation in the text of the law. The sense of the law is rather that the lustful motive is presumed not to exist with such persons but, if proved, the crime exists. Otherwise, the state of the woman is indifl:erent. It is of no import that she z°Cf. Tabera, Ol~. cir., 11-1930-416; Goyeneche, oil. cir., 209; Vermeersch, Periodica, 19-1930.122". 286 September, 1957 DISMISSAL IN LAY INSTITUTES is married, unmarried, capable or incapable of contracting marriage validly;. (d) Probably proof must exist of the preceding, requisites. The probability of this doctrine arises from the fact that the other two crimes of canon 646, public apostasy and marriage, are of their nature capable of proof and from the extrinsic authority of some authors. If the religious has verified the other notes but the crime is so secret that this fourth note is not verified, he is not dismissed by law."~l Any proof that gives moral certi-tude suffices, e. g., the testimony of reliable witnesses. (e) Excommunication (c. 2385). Obviously the flight described above will usually also imply apostasy from religion if the religi-ous has perpetual vows and thus the incurring i/)so fdcto of an excommunication reserved to the ordinary.-~" 26. "A religious who attempts or contracts marriage, even the so-called civil marriage" (c. 646, § 1, 3°). The crime is the contracting (validly) or the attempting (invalidly) of marriage by any type of Catholic, non-Catholic, or civil ceremony pro-vided both parties gave a naturally valid consent. The form of celebration of a civil marriage must be valid according to the civil law of the place of celebration. A solemn vow of chastity renders marriage invalid; a simple vow forbids but does not invalidate marriage. The crime presupposes a marriage consent valid" from the natural law and is not verified if the consent is vitiated in either party by an essential defect, e. g., ignorance, simulation, physical violence, grave fear. However, it is to be presumed that true consent was given; and this pre-sumption is sufficient to declare the religious~dismissed. In itself, the invalidity of the marriage does not exclude the crime, i. e., the crime is still verified if the marriage is invalid because it was attempted outside the Church or because of a diriment impedi-ment. ~lGoyeneche, Quaestiones Canonicae, II, 153; Schaefer, op. cir., n. 1578; Bas-tien, op. cir., 446, note 2; Jone, o~0. tit., 572; Jombart, RevUe des Communautets Religieuses, 6-1930-148. 22 Cf. REVIEW FOR RELIGIOUS, May, 1957, 158. 287 JOSEPH ~. GALLEN Review for Religious Excommunications (cc. 2388; 2319, § 1, I°~; 2385). By presum-ing to attempt marriage, both a solemnly professed religious and the other party incur an excommunication reserved simply to the Holy See (c. 2388, §.1); if the vows of the religious are simple but perpetual, the presuming to contract or attempt marriage is punished in both parties by an excommunication reserved to the ordinary (c. 2388, § 2). If the marriage is attempted before a non-Catholic minister, the punishment of a Catholic is an excommunication reserved to the ordinary (c. 2319, § 1, 1°). A marriage ceremony implies an intention never to return to the institute and thus results in an excommunication for apostasy from religion reserved to the ordinary in the case of a religious of perpetual vows (c. 2385). A civil ceremony is not punished by the code, but in some dioceses of the United States it is punished by an excommunication reserved to the o~dinary and in some others it constitutes a reserved sin. 27. Effects (c. 646, ~ 1). Upon the commission of any of the three crimes, the religious is immediately an.d i~pso facto dis-missed, by canon 646. This dismissal by law is a legitimate dis-missal and produces all the effects of the ordinary dismissal by decree. Therefore, in the case of a professed of temporary vows, the effects are ~he same as those described in n. 14; if the religious is. of p.erpetual vows, the effects are those of the'ordinary dismissal exp!ain~d in n. 21. 28. Declaration of fact (c. 646, ~ 2). This canon commands the higher superior with the consultive vote of his council to make a declaration of fact concerning the crime. Some con-stitutions restrict this right to the superior general, and some also demand a deliberative vote of the council. In monasteries of nuns, the declaration is to be made by the superioress of the monastery with the consultive or deliberative vote of the council or chapter as commanded by the constitutions. The declaration of fact is merely a description of the pertinent points of the case, the headings of the proof, e. g., a copy of the marriage record, statement of witnesses, etc., and the conclu- 288 September, 1957 DISMISSAL IN LAY INSTITUTES sion that the religious ~was dismissed in virtue of canon 646. The local superior is ordinarily in the best position to secure these proofs, e. g., the statements of witnesses. Frequently a trustworthy man such as a lawyer or priest should be deputed to secure some of the proofs in the case of an institute of women, e. g., the copy of the marriage record. The declara-tion and proofs are to be retained in the secret files of the house of the higher superior who made the declaration. The pur-pose of the declaration is to possess proof of the automatic dismissal and to prevent future doubts and difficulties, particu-larly for the eventuality of a recourse by the subject to the local ordinary or the Holy See. V. Provisional Sending Back to Secular Life (c. 653) 29. Subject. The subject of thi~ provisional return is any pro-fessed religious, man or woman, and any aggregated member of a society living in common (c. 681). Canon 653 speaks explicitly only of the perpetually professed; but afortiori, from afialogy of law, the common opinion of authors, and the practice of the Holy See in approving constitutions, the same canon applies to the professed of only temporary vows and to the aggregated members whose bond with the society is only tem-porary. 30. Reasons required. The reason must be either of the fol-lowing: (a) Grave external scandal. This is a culpable defamatory act, committed within or outside the religious house, which is well known outside the house or known only to a few externs, who, however, will not keep the matter a secret, e. g., a sin against good morals. (b) Very serious imminent injury to the community. This is an extraordinary injury or harm certainly and proximately threatening at least reductively, not merely one or some individ-uals but the religious house, province, or institute. The religious must be the cause of this harm but it is not certain that he 289 JOSEPH F. GALLEN Review for" Religious must be a culpable cause. Examples of this reason are the proximate judicial accusation of a defamatory crime in either the moral or political order; sexual actions with students in an institute devoted to education when it is foreseen that these wil][ become public and bring infamy on the house, province, or institute; a serious threat to set the house on fire or against the life of a superior or another member of the institute; and a serious loss of temporal property of the house, province or institute. (c) Three conditions required in both cases. Since such an extraordinary action should not be taken against a religious because of mere probability, conjecture, or suspicion, the ex-istence of the cause must be certain; it must also be impossible to avoid the scandal or harm in other ways, e. g., by transferring the religious to another house; and there must be at least prob-ability that the scandal or harm can be averted or appreciably diminished by the provisional return to secular life. 31. Competent authority. (a) Ordinarily. Canon 653 gives the right for such action in lay institutes to the higher superior with the consent of his council. The right is therefore given by the ~ode also to provincials, even though the constitutions may affirm it only of the superior general. In prudence and if possible, the provincial should refer the case to the superior general or at least consult the latter. In a monastery of nuns, "the competent authority is the superioress with the consent of her council. (b) In a more urgent case. In a case in which the time re-quired for recourse to the superior general or provincial would imperil the avoidance of the scandal or injury, the competent authority is the local superior with the consent of his council and also the consent of the local ordinary. If it is impossible to have recourse to the local ordinary and the case will not admit _.3 Berutti, De Religiosis, 349; Bouscaren-Ellis, Canon La~w, 319. 290 September, 1957 DISMISSAL IN LAY INSTITUTES o~. delay, it is.safely probable that this action may be taken by the local superior with only the consent of his council.'~4 32. Final adjudication of the case. (a) Report. A report of the case should always be made out without delay and submitted to the authority competent for a final decision of the matter. The report is to contain the religious and family name of the subject, date, age, date of entrance, date of temporary or perpetual profession, house to which he was assigned at the time of the return to secular life, cause of this return, proofs and present state of this cause, a brief record of the past of the religious insofar as it is pertinent to the cause 6f his return and dismissal, the name and rank of the superior who effected the return, the fact that the consent of the council and of the local ordinary, when prescribed, was obtained; and, if the latter was not secured, the report is to state the reasons that'justified its omission. (b) Authority competent for a final decision. Canbn 653 states that the case is to be referred to the Holy See without delay. This canon, however, is to be interpreted in the light of the other canons on the competent authority for dismissal; and it is admitted doctrine that the authority competent for an ordinary dismissal by decree is competent also for the final decision in the case of a provisional return to secular life.~'~ Therefore, the case is to be referred, according to the nature of the institute and the vows of the subject, to the authority competent for dismissal by decree stated in nn. 2-5. 33. Effects. As soon as the provisional return is decided, the re-ligious puts off the religious habit and leaves the institute. The return to secular life is a provisional measure. It is not a dismissal and does not produce the effects of a dismissal. The competent authority mentioned above decides for or against dismissal and 24Cf. Tabera, 0p. tit., 14-1933-58; Goyeneche, De Religiosis, 221, note 31; Palombo, op. cir., n. 192; Schaefer, 0iL cir., n. 1609; O'Neill, The Dismissal of Religious in Temporary l/o~vs, 104. 25Cf. O'Neill, op. cir., 103-104; Schaefer, op. cir., n. 1636; Wernz-Vidal De Religiosis, 490, note 13; Bastien, o~0. cir., n. 645, 4; Palombo, op. cir., n. 195; Tabera, op. cir., 14-1933-57; Vermeersch-Creusen, Epitome luris Canonicl, I, n. 807. 291 JOSEPH F. GALLEN decrees the dismissal in the t~ormer case. The charitable subsidy is to be given to a religious woman who is provi~ionally sent back to secular lithe.2° SOME BOOKS RECEIVED [Only books sent directly to the Book Review Editor, West Baden College, West Baden Springs, Indiana, are included in our Reviews and Announcements. The following books were sent to St. Marys.] The 1957 National Catholic Almanac. Edited by Felician A. Foy, O.F.M. St. Anthony's Guild, Paterson, New Jersey. $2.00 (paper cover). Does God Exist? By Alfred M. Mazzei. Translated by Daisy Corinne Fornacca. Society of St. Paul, New York, N.Y. $3.50. St. Bernadette Speaks. By Albert Bessi~res, S.J. Translated by The Earl of Wicklow. Clonmore & Reynolds Ltd., 29 Kildare St., Dub-lin. 10/6. Queen of Heaven. By Ren~ Laurentin. Translated by Gordon Smith. Clonmore & Reynolds Ltd., 29 Kildare St., Dublin, 12/6. Le Ciel ou l'Enfer. II. l'Enfer. By Chanoine G. Panneton. Beau-chesne et ses Fils, Rue de Rennes, Paris. Methods of Prayer in the Directory of the Carmelite Reform of Touraine. By Kilian J, Healy, O. Carm. Institutum Carmelitanum, Via Sforza Pallavicini, 10, Rome. Some Philosophers on Education. Edited by Donald A. Gallagher. Marquette University Press, 1131 Wisconsin Ave., Milwaukee 3, Wis-consin. $2.50 (paper cover). Wellsprings of the Faith. By Most Reverend John C. McQuaid, D.D. Clonmore & Reynolds Ltd., 29 Kildare St., Dublin. 18/-. The Reluctant Abbess. By Margaret Trouncer. Sheed and Ward, 840 Broadway, New York 3, New York. $3.75. Quadalupe to Lourdes. "By Frances Parkinson Keyes. Catechetical Guild Educational Society, St. Paul 2, Minnesota. $0.50 (paper cover). The Mystery of My Future. By Jean De Larhove. Society of St. Paul, 2187 Victory Blvd., Staten Island 14, New York. $2.50. Of the Imitation of Christ. By Thomas a Kempis. Translated by Abbot Justin McCahn. The New American Library of World Literature, Inc., 501 Madison Ave., New York 22, New York. $0:50 (paper cover). The Caiholic Booklist 1957. Edited by Sister Mary Luella, O.P. Rosary College, River Forest, Illinois. $0.75 (paper cover). ¯ _,6 Cf. REVIEW FOR RELIGIOt;S, September, 1956, 235-36. 292 Our Supernat:ural Organism Daniel J./~. Callahan, $.J. GOD IS THE author of all things. The more science ad-vances, the more does it disclose the wonders of His crea-tion. Even a superficial reading of a manual of biology or physics or chemistry or astronomy wrings from us the words of the Psalmist: "How great are thy works, O Lord. Thou hast made all things in wisdom; the earth is filled with thy riches" (Ps. 103:24 ). These divine masterpieces, especially as mani-fested in man, qualify us by analogy for the marvels of the supernatura! order. God gives life in the embryonic state and with it an or-ganism capable of developing the tiny creature into the pleni-tude of its specific perfection. The fundamental natural prin-ciple of this evolution is the vital principle within it, which energizes it and is the source of its least activity. Its separation from the bodily element would mean the termination of growth, deterioration, death. In us the human soul is the basic source of our natural life; its faculties or powers are the immediate cause of our vital activities and these in turn bring to perfec-tion our human life. To all this the supernatural is closely analogous as will appear from a brief study of the components of its organism. Sanctifying Grace Appropriately this may be styled the soul of the higher life in us. Only from divine revelation do we know its exis-tence and nature, and it will be useful to recall here what rev-elation tells us about this precious endowment. It is something most real; a spiritual quality inherent in our soul and of such an excellence'that only God could be its principal cause; it is a stable quality, an adornment abiding in the soul till forfeited through mortal sin; it is a totally free gift to which no one of us could lay claim and which transforms us into God:like 293 DANIEL J. M. (~ALLAHAN Review for Religious beings resembling our eternal Father and enabling us to share, in a finite manner, in His life. That life comprises the infinite contemplation;, love, and possession of His uncreated perfec-tion. To this no creature by its native powers could aspire. By a privilege entirely gratuitous God destines us for the immediate visiofi of Himself in heaven and adapts us ~or it through sanctifying grace. Attended by faith; hope, and charity such grace equips us to know, love, possess God, imperfectly, of course," as He knows, loves, and possesses Himself; and thus we enter into the divine life and become truly His children. And while this life is distinct from our natural life, it is not merely superimposed on the latter: it penetrates it through and through, elevating and transforming it. Leaving intact all the natural goodness that is ours, sanctifying grace imparts a new orientation to everything within us, establishes new relations to the Blessed Trinity, and inaugurates on earth the life of the blessed. To aid us in the apprehension of this prerogative, writers resort to many comparisons and illustrations. They liken the soul to a living image of the adorable Trinity., divinely impressed on the soul as the seal leaves its image on the wax, lavishing on it an entrancing beauty since the prototype and the artist is no other than God. Again such a soul is compared to a trans-parent body receiving the sun's rays and, all aglow" itself, radiating them in all directions; to a bar of steel plunged into a furnace and sharing the heat, brightness, and pliancy of the fire; to a branch engrafted into a plant, maintaining its identity while partaking of the life of the plant; to the union in us of soul and body where the soul quickens and energizes the body even as grace communicates a new life and effects our most intimate union with God. Finally, an analogy with the hypo-static union in Christ is introduced; and, though the soul's union with God is only accidental, yet it is the union of a substance with a substance; and, while the hypostatic union results in the God-man, the union through grace issues in a God-like being, 294 September, 1957 OUR SUPERNATURAL ORGANISM whose actions are performed at once by the Creator and His creature, even as in Christ His actions were shared in by both His divine and human nature. And though our union with God is neither hypostatic nor substantial in the proper sense, for we always retain our personality and the union is only accidental, it is not merely the intimacy of two friends, for it rests on a/physical quality abiding in the soul and on physical bonds intensifying and safeguarding that union. The three Divine Persons are immediately presefit to the soul in a com-pletely new way and are possessed and enjoyed by it. Though the precise nature of this extraordinary inhabitation continues to exercise theologians, we are assured that it is capable of indefinite expansion up to the last breath of life here below, and this in p.roportion to our surrender to the Holy Spirit through the removal of all barriers and the cultivation of the infused virtues and the gifts of the Holy Ghost. The Infused Virtues In the natural order our soul functions through its faculties or powers. It thinks through the intellect; .it loves through the will; it senses through our different senses. These faculties bestowed on us together with the soul, by means of their varied activities, are susceptible of tremendous development. In the supernatural order grace parallels the soul, and the infused virtues are its chief faculties. These emanate from sanctifying grace, elevate our mind and will, enable us to perform supernatural, meritorious deeds. Virtue may be described as a good habit designed for action. It is natural if it has been acquired through the repeti-tion of the same specific act and communicates facility in doing so; if directly granted by God and if it confers the ability to do something, it is called infused. The natural virtues facilitate nat-ural righte6usness; the infused confer the power to act on a superhuman level. These latter are usually divided into theologi-cal and moral. The former have God for their formal and principal material object; in the concrete they are faith, hope, and charity and unite the soul directly to God. The moral 295 DANIEL J. M. CALLAHAN Review for Religious virtues have for their objective some moral good distinct from God, serve to eliminate the hindrances to divine union and to stabilize it, and are commonly listed under the four cardinal vi£tues. The theological virtues certainly accompany sanctifying grace and integrate the process of justification, and it is the generally accepted doctrine that the moral virtues also are then bestowed. ¯ All of these virtues are susceptible of increment and 'do increase proportionally with the increase of grace, just as the branches of the tree ke~p pace with the expansion of the trunk. Apart from the complete loss of the virtue, may they diminish? In general, any activity that is discontinued or exercised bnly rarely tends to decline or even to cease. Venial sins, especially when frequent and deliberate, considerably impede the practice of virtue and thus diminish the facility previously attained. Neglect of actual graces may likewise occ~lsion the privation of such helps as notably conduce to acts of virtue and add vigor and polish to them. And though venial sins do not directly decrease or destroy the infused virtues, it remains true that such failings open the way for serious lapses and the destruction of th.e virtues. Do all grave sins deprive us of these? Faith is destroyed only through a mortal sin of infidelity, hope through the same and that of despair; charity and the infused moral virtues, through any mortal sin. Relative to the duration ot~ all such virtues, in the lost none of them persists; the theological remain in the souls in purgatory; in heaven there will be neither acts of faith nor of hope relative to God, and most probably not relative to objects distinct from Him. And whereas neither the moral virtues nor those of faith and hope will endure in the blessed, these will retain the virtue of charity and live a life of the purest actual love. The Gifts of the Holy Spirit There is unanimity among Catholic theologians about the existence of such gifts, but their specific nature is widely contro-verted. In accordance with the doctrine of St. Thomas (Summa, 296 September, ~957 OUR SUPERNATURAL ORGANISM I-II, q. 68, a. 3), the most prevalent opinion is that they are supernatural habits, distinct from the virtues, implanted in the soul conjointly with sanctifying grace, which impart a recep-tiveness, a docility to the impulse of the Holy Spirit, a more prompt and more generous cooperation with His grace. They would appear to be, at least in the early stages, not operative habits like the virtues, but rather dispositive, adjusting the soul for a better reaction to the divine intervention. Their func-tion, then, is that 0f perfecting the exercise of the virtues. There is no certainty about their number; and, while conferred simultaneously with grace, a more copious outpouring may be the fruit of the sacrament of confirmation. The docility issu-ing from these' gifts improves perceptibly through prayer for fidelity to grace, through a life of faith and recollection, through the cultivation of the moral virtues and due control over our passions, for unless these latter are consistently mortified, the inordinate attachments in the soul will hamper us in discerning, accepting, and responding to the inspirations of grace. We must combat the spirit of the world which is diametrically op-posed to the divine and school ourselves in prompt, magnani-mous compliance with God's will. The more complete our surrender' to Him, the more will He be pleased to enlighten and inflame us. Actual Grace just as in the natural order we cannot bring power into motion without the concurrence of the Almighty, so also in the supernatural. Such cooperation is known as actual grace to distinguish it from habitual grace previously considered. It is a transitory aid imparted by God, consisting in the illumina-tion of the mind and the urge of the will for the performance of a supernatural act. It sets the intellect and heart in motion and enables them to function on a superhuman level. In the concrete, it is a holy thought, a salutary incitement of the will, produced by God who directly influences our rational faculties, stimulating them to operate, and cooperating with them to 297 DANIEL J. M. CALLAHAN Review for Religious elicit a good thought and a salutary desire in keeping with the special need of the moment. The thought is most real and comes directly'from God; it is a holy thought, designed for the spiritual benefit of the individual. When we say "salutary desire," we understand any good act of the will, for instance, the love of good, hatred of evil, fear of divine punishment, sorrow for sin, joy 'in well-doing. It is a real act of the will. Antecedent to our activity God lovingly takes the initiative and continues to act within us and with. us for the accomplishment of a deed that will conduce to life eternal. This assistance is not permanent; it persists only while its purpose lasts; and it influences us in a moral way through attraction and persuasion and physically by adding energy to our intellectual faculties too weak to act of themselves. As religious we are to be profoundly penetrated with the conviction of our need of such divine assistance. It is necessary for the achievement of every supernatural act: for the prelim-inary acts of faith, hope, sorrow requisite for the remission of sin. The constant endeavor to resist temptations which assail even the just, as well as our steadfastness in good living, are the fruits of actual grace. Obviously, then, we have not the power to persevere in religion and even to reach perfection through our unaided strength. Christ's memorable words, "Without Me you can do nothing" (Jn. 15:6), are pertinent to the natural and supernatural levels. Everyone who attains the use of reason needs this grace and all such receive it. It proceeds from the love of God; the ordinary channels for its dispensation are the sacraments, prayer, and'our meritorious deeds; and the more generous our cooperation with grace received the more will be granted, for here, as in the entire economy of salvation, God takes the initiative, awaits our free reaction, and assures us that He will" bestow th~ necessary help for the completion of our project. Conformity to the divine will, consequent peace of soul, trust, and magnanimity are supremely important in the struggle for real sanctity. 298 September, 1957 OUR SUPERNATURAL ORGANISM Appreciation "If thou didst know the gift of God" (Jn. 4:19) spoke Jesus to the Samaritan woman, referring to the supernatural life which He communicates to us through His vivifying action, here compared to water springing from an unfailing source. Religious have totally consecrated themselves to God; to Him they belong entirely; and there must be in them the life that is His. In them the supernatural must always be dominant. It is a treasure to be courageously safeguarded even at the cost of sacrifice; it is an endowment to be zealously augmented; it is a life and life is essentially progressive. Cessation of growth soon induces recession. In the wake of tepidity and lethargy spiritual death follows closely. The law of spiritual gravity is to be counteracted through p.urity of intention at all times, through earnestness even in small affairs, through fervent, per-severing prayer, and through the frequent reception of the sacraments of penance and Holy Communion. "Walk in a manner worthy of the calling with whic'h you are called," wrote 'St. Paul to the Ephesians (4:1 ff.), "with all humility and meek-ness, with patience bearing with one another in love, careful to preserve the unity of the. spirit iri the bond of peace; one body and one 'Spirit . . . one Lord, one faith, one baptism, one God and Father of all who is above all and .throughout all and in all." Surely a relevant injunction for all religious. OUR CONTRIBUTORS BONAVENTURE BALSAM is engaged in parish work at St. Anthony's Priory, 4640 Canal Street, New Orleans, Louisiana. JOSEPH F. GALLEN is professor of canon law at Woodstock Col-lege, Woodstock, Maryland. DANIEL J. M. CALLAHAN is profes-sor of ascetical and mystical theology at Woodstock College, Wood-stock, Maryland. 299 Survey ot: Roman Documen!:s R. ~. Smil:h, S.J. IN THIS survey only those documents will be considered which appeared in the ./Iota/lpostolicae Sedis (AAS) during the months of April and May, 1957. Hence all page references throughout the survey are to AAS of 1957 (v. 49). The African Missions On Easter Sunday, April 21, 1957 (AAS, pp. 225-48),. the Holy Father issued a new encyclical letter which is entitled Fidei Donum (TheGift of Faith) and which treats of Africa and its missions. After noting that man'.s gratitude for the gift of faith is best shown by spreading the light of Christ's truth, His Holi-ness remarks that while he is not unaware of the grave and pressing problems attending the spread of the Faith in all parts of the world, yet special attention is needed in the case of Africa, for this continent now finds itself on the threshold of its political and cultural maturity and faced with circumstances the import-ance of which is rivaled by nothing in the previous history of /~frica'. The Vicar of Christ then begins the first of the four sections into which the encyclical letter is divided. This first section is devoted to an over-all picture of the missionary scene in Africa. Most of the countries of the continent, the Pope says, are in the midst of profound social, economic, and political changes which will have a lasting effect on the fut.ure lives of these nations. The Church which has seen the rise and growth of so many nations cannot but be intensely interested in the peoples of Africa who are now attaining their civil rights. It is at this point that the Holy Father exhorts the coloniz-ing nations to grant civil rights to peoples who are prepared for them; and at the same time he urges the colonial peoples of 300 ROMAN DOCUMENTS Africa to be grateful .for .~vhat they have received from the vari-ous countries of Europe. Only such a harmonious attitude will exclude prejudice and exaggerated nationalism and will permit the peoples of Africa to experience the entire range of benefits which flow from the religion of Christ. Pius XII is especially concerned that in many countries of Africa atheistic materialism has been spreading the seed of its doctrine, thereby arousing jealousy between nations, inducing false perspectives in the matter of temporal prosperity, and excit-ing to rebellion. The presence of this atheistic materialism in Africa, thinks the Pontiff, is particularly grave owing to the fact that the peoples of Africa, because they wish to accomplish in a few years what ~he peoples of Europe took centuries to achieve, are psychologically vulnerable to the specious .promises which materialism offers. The H01y Father continues by remarking that of all the missionary regions of the world, Africa is the one with the greatest needs. African mission posts which have been estab-lished in the last ten or twenty years cannot expect a sufficient number of native clergy for a long time, while the missionaries in such stations are few and widely scattered throughout large regions where, moreover, non-Catholic religions are also spread-ing their doctrines. The gravity of the situation can be illustrated by one region of Africa where there are 2,000,000 inhabitants but only 50 priests whose energies, moreover, are completely absorbed in the care of the 60,000 persons already converted to Catholicism. Twenty more missionaries in such regions at the present time would mean, the Vicar of Christ sadly comments, the spreading of the banner of the cross in places which twenty years from now will be impossible of access. Moreover, twenty more missionaries would mean that the Church could educate in such regions a corps of African Catholics equipped to meet the social and political needs of the continent. Nor are difficulties lacking in African missionary centers which have long been established. Such centers too feel the 301 R. F. SMITH Review for Religious extreme lack of missionaries. Moreover, the bishops and vicars apostolic of Africa are obliged to provide for their flocks a full Catholic life; and this necessitates in turn schools, colleges, social institutes, all the modern communication arts. Such needs can be met only by a great flow of material and apostolic help to the continent of Africa where 85,000,000 human beings are still attached to the practice of paganism. The Holy Father centers the second part of his encyclical around the theme that the problems of the Church in Africa are not merely local difficulties, but are of vital concern to the entire Mystical Body. Bishops, those preeminent members of the Mystical Body, should have a special concern for the Church in Africa, for they as the legitimate successors of the apostles retain the duty of preaching to all nations. Moreover, continues the Holy Father, there ig not a Catholic in the world who should not be interested in the problems of the Church in Africa. Nothing that is characteristic of the Church should be absent from the mental outlook of the individual Catholic. If then catholicity or universality is one of the characteristics of that Church which is the mother of all nations, breadth of outlook must also mark the individual Catholic. In the third part of the encyclical the Holy Father dis-cusses the means by which Catholics can aid the missions of Africa. ~The first means is that of continual and earnest prayer. The best prayer, of course, will be that which Chris~, our High Priest, daily offers on our altars. And while the faith-ful should be instructed that it is good to offer Mass for their private intentions, still they should also be taught to give atten-tion to those petitions with which the Mass is primarily and neces-sarily concerned and "which include the we~Ifare and propaga-tion of the entire Church. To prayer must be added alms or material help, for present needs far exceed the help now being given. The faithful in other parts of the world should compare their conditions with the 302 September', 1957 ROMAN DOCUMENTS situations of missionary countries and see who are the real need~i of the Church. Hence the Vicar of Christ urges that each Catholic make an examination of conscience to consider if there is not something tl~at can be given up in order that material aid might be given to the missions. The third way of helping Africa is through the fostering of vocations to missionary work.~ Bishops should train their flocks in such a way that there will always be members of that flock ready to heed the Lord's command i~ Genesis 12:1 to leave one's land and the house of one's father. Dioceses with a suffi-ciency of priests should give of their workers to the missions; and even dioceses which themselves suffer from a scarcity of priestly workers can still offer their mite as did the widow in the gospel story. The problem of missionary recruitment, however, can be met only by the ~oncerted work of all the bishops who should encourage the Missionary Union of the Clergy, foster the work of pontifical missionary associations, and be aware of the needs of those religious institutes which do missionary work but which cannot increase the number of their vocations without th~ under-standing assistance of the local ordinary. Finally, the Holy Father approves the practice of a diocese lending some of its priests to missions for a limited time. The fourth part' of the encyclical consists of a brief conclu-sion in which the Holy Father repeats that he is as interested in all the missions as he is in those of Africa. To all missionaries of the entire world he extends his gratitude and his congratula-tions and exhorts them to labor fervently in the work to which they have been called. Lenten and Easter Messages On March 5, 1957 (AAS, pp. 208,15), the Holy Father gave his usual Lenten allocution to the parish priests and Lenten preachers of Rome. The present year, begins the Holy Father, marks the fifth anniversary ot: the inauguration of the movement 303 R. F. SMITH Review for Religious "Fora Better World." After detailing the work accomplished in the diocese of Rome during that period and after noting the things yet to be done, His Holiness then urges his listeners to sow the seed that is the word of God. To preach anything but the word of God, he warns them, is to sow destruction. He gives special attention to the matter of Sunday preaching, insist-ing that nothing can achieve so much as this regular and familiar custom so long in use in the Church. Finally,. he recalls to his listeners the fact that the true sower of the good seed is God and that they are but instruments in His hand; what changes then would sweep the world if all who preached did so as ones truly coming with the power of God. The Holy Father's Easter message, delivered on April 21, 1957 (AAS pp. 276-80), was a meditative reflection on the phrase "O truly blessed night" of Holy Saturday's E, xultet. The night preceding the Resurrection, His Holiness begins, was one of desolation, tears, and darkness: Christ is dead; His flock is scattered; all is apparently in ruin. Nevertheless, even in that night there are signs of the dawn to come: the body of Christ suffers not the slightest taint of corruption and Mary prays in quiet confidence and expectation. That night before the Resurrection is also a symbol, adds the Vicar of Christ, of the night in which modern men find themselves: they must live in fear; their intelligences are cap-tured by error; immorality has reached a new depth. Neverthe-less, there are signs of a new day dawning. Science is provi-dentially multiplying the means to a fuller and freer life, while technology is providing the way to make these means available on a large scale. Moreover, men are now beginning to realize that the night of modern times is here because Christ has again been betrayed and crucified. Day will finally come to modern man when Christ restores grace to the individual soul and takes His rightful place in human social life. The Holy Father con-cludes his Easter message to mankind with a prayer that Christ may send the angel of the Resurrection to remove the obstacles 304 September, 1957 ROMAN DOCUMENTS which men have built up :but which they are now powerless to remove. To Hospital Sisters On April 24, 1957 (AAS, pp. 291-96), Pius XII spoke to some 2,000 Italian hospital sisters who had met for the first time in a national meeting to discuss their common problems. The Pontiff began with a forceful statement of the part that religious women play in the life of the Church today, remarking that many branches of the Church's apostolate, especially those concerned with education and with works of chariiy, would be inconceivable without the existence of religious sisters. This said, the Holy Father then began to discuss with them the ideals of their relig-ious life. It is.a truth of our faith, he notes, that virginity is higher than the married state; for through virginity the soul achieves an immediate relationship with God that is one of absolute and indissoluble love. The virginal soul takes everything that God has given her to be a wife and mother and offers it back to Him in a complete and perpetual holocaust. In order to love God, the vi,rginal soul does not reach Him through other loves: noth-ing is interposed between such a soul and God. Hence it is that a religious must be a true spouse of our Lord, uniquely, indissolubly, and intimately united with Him. Hospital sisters then must take care that their assistance to the sick does not interfere with their spirit of absolute and perpetual devotion to God, guarding against all disordered activity which leaves them neither time nor repose for prayer to Christ. They must also guard themselves against long and frequent withdrawals from common life, that strong protection of the interior life. And they must watch carefully over their spirit of individual and collective poverty, making certain that their hospitals do not assume the character of merely money-making organizations. Turning now to their work for the sick, the Vicar of Christ notes that the existence of special institutions for the care of the 305 R. F. SMITH Review for Religious sick stemmed historically from the charity of the Church. Even today, when so many are interested in the care of the suffering, the Church will never abandon her task of caring' for the sick, for no one can take the place of the Church at the side of one who besides a body also possesses a soul whose needs and claims are often greater than those of the body. It is for this reason that the Holy Father urges hospital sis-ters to continue their work. Besides being perfect religious, they must also know and use the latest scientific methods and ap-paratus. They must train themselves to a motherly kindness that is linked with a strong element of firmness. They must lead a fully dynamic life and still retain their calm and serenity. Here the Holy Father adds that superiors must see to it that community time-schedules and practices do not make the sisters' work ineffi-cient and more difficult. In conclusion the Holy Father dwells at some length on the recommendation that the sisters train themselves always to see Christ in each of their patients. If they do so, he notes, then it will be easy to pass from the chapel to the sick room; religious observance and care for the sick will not interfere one with the other; and there will be no interruption of the sisters' union with Christ. The Holy Father then blessed the assembled sisters and concluded ~ith a remark that all hospital sisters will treasure: "The Church, the Pope, are depending on you: on your complete dedication, on your abilities, and on your spirit of love." Miscellaneous Matters Under the date March 19, 1957 (AAS, pp. 176-77), the Holy Father issued the rnotu proprio Sacram Co~nmunionern in which he provided that henceforth local ordinaries (with the exception of vicars general) may permit daily celebration of after-noon Mass provided the spiritual good of a notable part of the faithful warrants such a permission. His Holiness also further mitigated the Eucharistic fast. The drinking of water does not 306 September, 1957 ROMAN DOCUMENTS break the fast'; and the time element for the Eucharistic fast is the following: Before the celebration of Mass in the case of priests and before the reception of Communion in the case of the faithful, solid food and alcoholic drink must be abstained from for three hours, while non-alcoholic drink must be abstained from for one hour. These time regulations extend both to morning and afternoon celebration of Mass and reception of Communion; and they must also be observed by those celebrating Mass at midnight or at the early hours of the morning as well as by those receiving Communion at such times. Finally, the Holy Father grants to the sick, even those not confined to bed, the .permission to take non-alcoholic drinks as well as liquid or solid medicine at any time before the celebration of Mass or the reception of Communion: Three documents of April and May of this year concerned the saints. The first of these is an apostolic letter of the Roman Pontiff which is dated June 8, 1956 (AAS, pp. 199-200), and which appoints St. Dominic Savio the patron of all choir boys. The other two documents are decrees of the Sacred Congre- - gation of Rites, both being dated January 22, 1957 (AAS, pp. 251-56). In the first of these decrees the congregation affirms the heroic virtue of the Venerable Servant of God Sister Mary Celine of the Presentation, professed nun of the Second Order of St. Francis (1878-97); the second decree affirms the heroic virtue of the Vdnerable Servant of God Sister Teresa of Jesus Journet Ibars, foundress of the Congregation of Little Sisters of the Indigent Aged (1843-97). Priests will be interested in the Holy Father's letter, dated March 25, 1957 (AAS, pp. 272-75), and sent to Cardinal Feltin of Paris on the.occasion of the 300th anniversary of the death of Jean-Jacques Olier, founder of the Society of St. Sulpice. - Olier, the Holy Father notes, recalls to the present generation the truth that the greatness and power of a priest consists in being a man of God and a man of ihe Church. As a man of God the priest must have two indispensable qualities: prayer 307 R. F. SMITH Review for Religious exercised especially through meditation and the Divine Office; and asceticism, manifested principally by a perfect chastity of heart and body. The priest then must always be aware that union with God is the indispensable prerequisite for apostolic fecundity and that the cross is the only instrument of salvation: evil is still cast out only by prayer and fasting. As a man of the Church, concludes the Holy Father, the priest must realize that all personal sanctity and apostolic effectiveness must be founded on constant and-exact obedience to the hierarchy. ¯ Several documents of the period surveyed are concerned in one way or another with matters educational and intellectual. On March 24, 1957 (AAS, pp. 281-87), the Holy Father addressed a group of 50,000 college students of Rome and gave them some detailed advice on their studies, urging them to dedicate them-selves completely to the pursuit of truth. A month later on April 25, 1957 (AAS, pp. 296-300), His Holiness spoke to the members of the eleventh plenary assembly of Pax Romana, telling them that no Catholic can be indifferent to the new world com-munity now in process of formation. This is especially true, he says, of Catholics engaged in intellectual work, for it is their task to spread Catholic truth and to give it practical application in all areas of human activity. Educational and intellectual matters also figure in two decrees issued by the Sacred Congregation of Seminaries and Universities. In the first of these decrees, dated-November 4, 1956 (AAS, pp. 219-20), provision is made for the canonical erection of a faculty of theology in Sophia University in Tokyo. In the other decree, dated December 20, 1956 (AAS, p. 308), . a faculty of philosophy was canonically erected in the Catholic University of Quito. Thre~ documents of April and May of this year pertain to political matters. On February 16, 1957 (AAS, pp. 201-5), a c-onvgntion was ratified betweeri the Holy See and the German Federal State of North-Rhine-Westphalia concerning the estab-lishment of a new diocese of Essen. On March 28, 1957 (AAS, 308 September, 1957 QUESTIONS AND ANSWERS pp. 287-88), the Pontiff:addressed a group of young Berlin Catholics, telling them that the state must always respect the rights of individuals and of families and adding a plea for a united Europe and for the moral conditions without which such a union can never be realized. On Aprii 28, 1957 (AAS, pp. 300-301), the Pope gave a brief address on Communism, empha-sizing that the events of the last fdw months have clearly shown' to all men the aberrations of that way of life. Two other documents may be mentioned by way of conclud-ing this survey. On March 6, 1957 (AAS, pp. 215-17), the Holy Father sent a radio message to the school children of the United States exhorting them to be generous in contributing help for the needy children of other countries. And on Apri'l 23, 1957 (AAS, pp. 289-90), His Holiness spoke to a small group of Paris lawyers, extolling their° dignity as men devoted to the defense of law and of humanity and remarking that their profession is noteworthy as showing the value of humanism in a world where technical and scientific education is at a premium. Questions and Answers [The following answers are given by Father Joseph F. GaIlen, S.J., professor of canon law at Woodstock Coll~ge, Woodstock, Maryland.'] 29 Are the professed of temporary vows obliged by canon law to return to the motherhouse two months before perpetual profession, remain there, and prepare for this profession? No. You are applying to the professed of temporary vows what an instruction of the Sacred Congregation-of Religious, November 3, 1921, had commanded only for novices employed in the external works of a congregation during the second year of noviceship. The code does not even command a retreat before perpetual profession. The constitutions almost universally prescribe such a retreat, and the usual duration is eight full. days. A shorter retreat is also found, for" 309 QUESTIONS AND ANSWERS Review for Religioue example, five or six days. It seems evidvnt enough that the constitu-tions or customs should command a retreat before perpetual profession. It would also be reasonable and profitable to prescribe a longer period of greater recollection .before perpetual profession. REVIEW FOR RE-LIGIOUS, September, 1953, 267; November, 1955, 313. --30-- Hasn't the movement of renovation and adaptation suggested any new laws whatsoever concerning poverty? This movement is primarily spiritual, theological, educational, formative, and apostolic. It is only very secondarily canonical or legal. Therefore, in the matter of poverty the emphasis of the move-ment is on the striving for detachment that. leads to an intensified love of God (REVIEW FOR RELIGIOUS, November, 1955, 302; September, 1956, 269-70). No new laws on poverty have been enacted by the Holy See, and no important suggestion for a new law has been made by authors with regard to the poverty of solemn profession. In the 'matter of the poverty of institutes of simple vows, suggestions have been.maple for inclusion in constitutions that are being origitxally approved or revised. The purpose of these suggestions is to make the poverty of simple p*ofession at least approach that of solemn profession. They are founded on the principle that in itself it is more in accord with evangelical poverty to give away one's property than to retain it for life and to be deprived or restricted in the right of acquiring property for oneself than to retain this right in an almost unlimited manner. The su.ggestions are thus reducible to two headings. 1. Right of acquisition. A limitation of the right of acquisition is according to the mind of the Sacred Congregation of Religious. In new or revised constitution~, congregations of men or women may in-clude an article of the following type: "After profession, whether of temporary or perpetual ~,ows, the religious acquire for themselves only property received as an inheritance or legacy from relatives to the second degree. All other temporal goods are acquired for the con-gregation." This practice may be followed only by institutes that have such a provision in their approved constitutions. An article of this nature would effect a purer poverty and would also eliminate some practical 310 September, 1957 QUESTIONS AND ANSWERS difficulties and abuses. The meaning of relativ.es may be confined to blood relatives or extended also to relatives by marriage. The degrees would be computed according to canon law. 2. Giving away or renouncing one's property. New or revised con-stitutions of women may contain an ~rticle of the following type: "A professed sister, whether of temporary or perpetual vows, may not alienate the ownership of her property by a free gift effective during her lifetime. However, the professed of perpetual vows may (or, are counselled to) give all the property they own to the congregation under the form of a dowry." The similar article for institutes of men would be: "A professed religious, vShether of temporary or per-petual vows, may not alienate the ownership of his property by a free gift effective during his lifetime. However, the professed of perpetual vows may (or, are counselled toI give all the property they own to the congregation under the condition that the capital sum will be restored to them if they should leave or be dismissed." Either of the practices of the preceding paragraph, since they are not contrary to the code, may be ~ollowed even if not contained in the constitutions. The second sentence in Zither article may be introduced by an apt spiritual phrase, e. g., lCor their greater sancti-fication, for their greater poverty, for the greater purity of their evangelical poverty. There would be no difficulty also in applying either practice to the professed of temporary vows. In both cases the capital sum of the property will be restored to a religious who leaves, is excluded from further profession, or is dismissed. This fact would pro.tect the right of the religious to leave, if he wishes to do so, aad ,~iould also prevent want in the case of a departure, both of which constitute the purpose of the retention of property in congregations. Neither practice would prevent the religious from applying part or all of the income oa his property to other good purposes, e. g., to needy relatives, nor, with the permissioa of the Holy ~;ee, all or part of the capital sum of his personal property. However, it does not seem contrary to the mind of the Sacred Congregation for new or revised constitutions not merely to permit or counsel but to impose either practice with regard to all the personal property of a religious (REvIsw FOP, RELIGIOUS, September, 1953, 258-59; Escudero, /Iota et Documenta Congressus Generalis de Statib'us Per[ectionis, I, 377; Muzzarelli, ibid., 430-31). 311 ~UEsTIONS AND ~NSWERS ~31m What is the law for the last Gospel according to the simplified rubrics? The last Gospel is always that of St. John except in the third Mass on Christmas and low Masses on Palm Sunday at which the palms are not blessed. Cf. Bugnini-Bellocchio, De Rubricis ad Sira-pliciorem Formam Redi#endis, 69; Bugnini, The Simpli/ication of the Rubric, s, 113; J. B. O'Connell, Simpii[yin# the Rubrics, 71; The Cele-bration o[ Mass, 178. What Mass may be said on the Saturday of Our Lady (S. Maria in Sabbato)? The Mass of the Saturday of Our Lady; the Daily Mass of the Dead and any votive Mass that is not of the BlesSed Mother, but both of these, if low, are forbidden during the three periods of January 2-5; January 7-12; and Ascension-Vigil of Pentecost; and the Mass of an occurring simple feast or mere commemoration, e. g., on Jan-uary 5, 19; July 13, 27; August 3; September 28; October 5, 26 in the ordo of the Universal Church for 1957. As stated above, the only Mass of the Blessed Mother permitted is that of S. Maria in Sabbato. Cf. Wuest-Mullaney-Barry Matters Liturgical, n. 252. --33-- What should be done if a check in a small amount is received for your own personal, use? Endorse the check and drop it in the treasurer's box. The inten-tion of such a donor is certainly not that the religious should sin by using the money without permission. Neither are we to presume that a donor intends that the religious should make use of the gift in a way that is contrary to the greater perfection of the religious. Externs are fully conscious that the religious is in the state of perfection and that his life should be distinguished by renunciation and self-denial. They are readily scandalized at the lack of these qualities. If you have any material necessity, the more perfect time to ask for it is not on the occasion of receiving a gift. Cf. gEVlEW FOg gELIG~OUS, January, 1949, 39. 312 Book Reviews [Material for this department should be sent to Book Review Editor, REVIEW FOR RELIGIOUS, West Baden College, West Baden Springs, Indiana.] THE ROMAN CATACOMBS AND THEIR MARTYRS. By Lud-wig Hertling, S.J., and Engelb~rt Kirschbaum, S.J. Translated from the German by M. Joseph Costelloe, S.J. Pp. 224. The Bruce Publishing Company, Milwaukee I. 1956. $3.50. It is a pleasure to ir~troduce this excellent hook to readers of the REVIEW FOR RELIGIOUS. The subject is nowhere so well presented, to my knowledge, within the compass of one modest volume. It is com-petent; it is well ordered; it is readable; it is warm with the sympathies of the Christian tradition of culture. Archaeology, in all its branches, has a remarkable appeal to many people today, no doubt becauseit brings to them a new and vivid revelation.of the community of human nature with itself. The catacombs of Rome, with their touching expression of the pi.eties of our forefathers in the faith, reveal to Christians the communion of saints. A Catholic feels wonderfully at home in these ancient resting places of our dead. The authors are professors of ecclesiastical history and of achae-ology, respectively, in the Gregorian University and scholars of estab-lished authority in their fields. Father Kirschbaum was one of the four commissioned by Pius XII to investigate the reputed site, under the high altar of St. Peter's, of the apostolic tomb. A brief account of the results Of their quest is among the points of major interest in this book. Father Costelloe'meets with ease the two great exigencies of the translator's art, faithfulness to the thought of his author and to the idiom of his reader. A skilled initiate in Roman archaeology, he can write so clearly about these matters which he understands so well. With the praiseworthy permission of Fathers Hertling and Kirsch-baum, he has added his own notes to theirs and some quite new matter in the body of the book, known through the advance reports of explorations yet unpublished. By this positive contribution, he gives to English readers a welcome revision as well as a sound version of the original. 313 BOOK REVIEWS Review' for Religious The scope of the book may be indicated by running down the titles of the chapters: The Exploration of the Catacombs;. The Ceme-teries; The Tombs of the Popes; The Tombs of the Martyrs; The Tombs of the Apostles; The Persecutions; On the Way to Martyrdom; The Eucharist; Baptism; The People of God; The Art of the Cata-combs; The Creed of Catacombal Art. Forty-five plates and eight figures make an important complement to the text. By some fault of printing, twoor three of them, in my copy, are rough to the touch. Generally, the publisher has done 'a good job, and at a remarkably low price.--ED~;~,g R. SMOTH~P,S, S.J. FRANCIS OF THE CRUCIFIED. By Myles Schmitt, O.F.M.Cap. Pp. 152. The Bruce Publishing Company, Milwaukee 1. 1956. $3.00. Father Myles Schmitt, of St. Francis Capuchin College, Washing-ton, D. C., offers his readers a series of conference-chapters on the Franciscan way of perfection. Writers of general treatises on spiritual theology, such as Tanquerey and de Guibert, can present a .particular way of perfection only in skeletal form. Father Schmitt develops at suitable length the Franciscan way. At the same time, he is constantly concerned to relate it to the Christian way. For, at root, all Christian perfection is one, no matter the diversity of ways proposed for arriv-ing at it. In a way reminiscent of Gerald Vann's The Heart of Man, Father Schmitt organizes the life of perfection around the Beatitudes. His book is not as complete and detailed as Theodosius Foley's Spiritual Conferences for Religious Based on the Franciscan Ideal. Nor does it follow the life of St. Francis as closely as de Tour's Franciscan Perfection. But his choice of the Beatitudes as an organizing principle keeps the main line of argument simple, strong, and progressive and still gives him room enough to touch on a variety of subjects. Father Schmitt is especially good at describing the spiral move-merit of growth in perfection. Not only must ofie try to live more and more in accordance with his vision of the ideal; but, at the same time, one's vision must grow correspondingly in depth and p~netration. This spiral movement is particularly clear in St. Francis's religious life which began with what might be called an "inaugural vision" and grew as that vision' deepened and matured. Father Schmitt takes great pains .to delineate the initial vision of the Franciscan way, to map out 314 September, 1957 BOOK REVIEWS the s~ag'es of progress of that vis~ion, and to relate to it all growth in perfection. Basically, then, the Franciscan must focus his attention on the imitation of Christ crucified through a living out of the gospel life as envisaged by the Beatitudes. The foundation of this life is poverty leading to that poverty of personality called humility. Keeping before his eyes his nothingness in the presence of God, the~ Franciscan makes a sacrifice of himself and .thus fulfills simple justice. With mercy and simplicity, he takes on the role of peace-maker, courageous!y overcoming the opposition of a world set against Christ and at war ,with itself. His is a life of love, of devotion to the Eucharist, of love of Mary sorrowful. And oil such is his .vision, his necessary response will be apostolic action. Obviously the book's usefulness is not limited to Franciscans. Inasmuch as all the means proposed are the common heritage of Christi

A 2018 report from the Center for Strategic and International Studies, in partnership with computer security company McAfee, estimated that cybercrime costs the world almost $600 billion or .8% of the global Gross Domestic Product (CSIS, 2018, p. 4). In response to this booming element of transnational crime, states, private sector entities, non-governmental organizations, and individual citizens have sought to implement systems for the investigation, prosecution, and restitution of these crimes. One such solution is the development and enactment of international law. On December 27, 2019, the General Assembly of the United Nations passed Russia-led resolution A/74/401, entitled "Countering the use of information and communications technologies for criminal purposes (United Nations, 2019, Countering the use)." Vehemently opposed by Western states such as the United States, the resolution approved the establishment of a committee of experts to evaluate the potential for an international cybercrime treaty (United Nations). While international cooperation of this kind is commendable, Western states and human rights groups have professed concerns that the vague language of the resolution has the potential to erode the human rights protections afforded to citizens under international law (Hakmeh & Peters, 2020). The purpose of this paper is to identify the human rights concerns of Russia's proposed United Nations resolution and analyze the obligations the international community has to uphold relevant human rights protections while balancing international cooperation necessitated by international law and legal norms. The first section of this paper provides historical background on the relationship between cyber issues like cybercrime and international law. ; Winner of the 2020 Friends of the Kreitzberg Library Award for Outstanding Research in the College of Graduate and Continuing Studies Graduate category. ; Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 1 International Law & the Cyber Domain: Assessing the Human Rights Concerns of Cyber Legislation GD520 International Law and the International System Dr. John Becker Norwich University College of Graduate and Continuing Studies Kathryn R. Lamphere 23 May 2020 Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 2 Introduction A 2018 report from the Center for Strategic and International Studies, in partnership with computer security company McAfee, estimated that cybercrime costs the world almost $600 billion or .8% of the global Gross Domestic Product (CSIS, 2018, p. 4). In response to this booming element of transnational crime, states, private sector entities, non-governmental organizations, and individual citizens have sought to implement systems for the investigation, prosecution, and restitution of these crimes. One such solution is the development and enactment of international law. On December 27, 2019, the General Assembly of the United Nations passed Russia-led resolution A/74/401, entitled "Countering the use of information and communications technologies for criminal purposes (United Nations, 2019, Countering the use)." Vehemently opposed by Western states such as the United States, the resolution approved the establishment of a committee of experts to evaluate the potential for an international cybercrime treaty (United Nations). While international cooperation of this kind is commendable, Western states and human rights groups have professed concerns that the vague language of the resolution has the potential to erode the human rights protections afforded to citizens under international law (Hakmeh & Peters, 2020). The purpose of this paper is to identify the human rights concerns of Russia's proposed United Nations resolution and analyze the obligations the international community has to uphold relevant human rights protections while balancing international cooperation necessitated by international law and legal norms. The first section of this paper provides historical background on the relationship between cyber issues like cybercrime and international law. International Cyber Law Background The cyber domain is often presented as another realm, a world that exists outside of the mostly tidy borders the international community has used to separate themselves. Aligning with Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 3 this view is the notion that cyberspace cannot be regulated because it expands beyond the traditional idea of territorial sovereignty (Kanuck, 2010, p. 1573). These ideas raise two concerns over the identification and prosecution of cybercrime. The first concern is the conflict between "cybercrime, which is global in scale, and police activities that are confined to national borders (Cangemi, 2004, p. 166)." The conflict arises in the very structure of the Internet, which "can be characterized as a multitude of individual, but interconnected, electronic communications networks (Zekos, 2008, p. 30)." This interconnectedness has created a grey area within the legal system, where no one entity has regulatory control over what happens in that area. The second concern is far more technical and highlights the transient nature of information and data (Cangemi, 2004, p. 166). The source of information can be easily masked to hide its actual location, and data "may be amended, moved, or altered in a few seconds (p. 166)." The speed in which data travels presents a significant hurdle to the legal and law enforcement mechanisms typically used to investigate crimes. As Cangemi notes, this creates "an appreciable risk that the evidence of cyber-offences will disappear" long before implementing the required resources (p. 166). Nevertheless, despite these concerns, "nation-states do strive to exercise their sovereignty over cyberspace (Kanuck, 2010, p. 1573)." The physical elements of cybercrime, such as the location of the people perpetrating the crimes or the location of the hardware used to execute the crimes, are used as a connecting link to allow governments "to address cyber conflicts involving both state and nonstate actors as matters to be resolved by sovereign powers under their respective legal systems (p. 1573)." When evidence moves beyond territorial borders, states seek to invoke bilateral or international action to further pursue the crime. This model follows the same formula that society developed over time, whether it be in stopping crimes such as international drug trafficking or heinous acts of terrorism. The international community is well-Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 4 versed in this cycle, and the "nature of the international legal system affords this sovereign-centric approach primacy under the United Nations (U.N.) Charter regime (p. 1573)." If the international community is content in continuing to use this cycle, then "international legislation and action are essential to combat the phenomenon" of cybercrime (Pocar, 2004, 27). The essential requirement of international involvement and negotiation has rung true in the late 20th and early 21st centuries, as the international community takes steps to evolve international law to include cyber issues, specifically cybercrime. The 1980s introduced international consultation on cybercrime by multiple organizations. In 1983, the Organization for Economic Cooperation and Development (OECD) commissioned a two-year study focusing "on the possibility of harmonizing and internationalizing national cybercrime laws (Brenner, 2012, p. 133)." OECD later published a report in 1986 summarizing the results of the study and recommending countries criminalize certain cybercrimes. In 1985, the Council of Europe convened its own study, which involved a four-year focus on "the legal issues raised by cybercrime (p. 133)." In 1997, the Council of Europe convened another study tasked with "the drafting of a cybercrime treaty that would harmonize national laws dealing with cybercrime offenses and investigations (p. 133). In 2001, the study's efforts came to fruition in the creation of the Convention of Cybercrime. Also referred to as the Budapest Convention, the international treaty entered into law in July 2004 with the principle objective of "pursuing a common criminal policy aimed at the protection of society against cybercrime, especially by adopting appropriate legislation and fostering international co-operation (Council of Europe, 2001, Preamble)." As of 2018, 29 states have ratified the treaty, but the rapid development of technology has resulted in the convention becoming outdated, leaving governments and organizations calling for a new treaty (Murphy, 2018, p. 549) (Shackelford, 2014, p. 312). Russia's 2019 United Nations resolution is the latest attempt to modernize international cyber Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 5 law and has received much adulation despite its vague, concerning language and human rights implications. The next section of this paper addresses human rights and provides an overview of states' obligations to this arena as members of the international community. Human Rights & the International Community Modern international human rights law begins with the first article of the Charter of the United Nations (UN), which dictates that one of the purposes of the UN is to "achieve international cooperation…in promoting and encouraging "respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion (Buergenthal, 2006, p. 785)." While the Charter provided minimal specificity as to what "respect for human rights" entailed, this provision and others within the Charter catalyzed a new international perspective on human rights. In joining the United Nations, members inherently accepted "the proposition that the Charter had internationalized the concept of human rights (p. 787)." Furthermore, the Charter insinuated that "states were deemed to have assumed some international obligations relating to human rights (p. 787)." Articles 55 and 56 of the Charter cemented the beginnings of these obligations, requiring member states to "take joint and separate action in co-operation with the Organization for the achievement of purposes" such as promoting "universal respect for, and observance of, human rights and fundamental freedoms for all (United Nations, 1945, Article 55, 56)." The specificity of human rights became more overt when the United Nations devoted the UN Commission on Human Rights to the task of drafting non-legally-binding human rights instrument. In December 1948, the UN General Assembly unanimously adopted the Universal Declaration on Human Rights (Murphy, 2018, p. 402). Composed of thirty articles, the declaration instituted vital human rights and eventually "served as a template for numerous subsequent treaties on human rights (p. 404)." As a result, the Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 6 Universal Declaration on Human Rights "has come to be accepted as a normative instrument in its own right (Buergenthal, 2006, p. 787)." Both documents uphold two pedestals of traditional international law as it pertains to human rights. The first pedestal retains responsibility for "the treatment by one state of another's nationals, an area known as state responsibility for injury to aliens (p. 389)." Although addressed at the state level, this notion asserts that individuals are afforded certain protections when in another state. The second pedestal, advanced by scholars such as Hugo Grotius, focuses on "the protection of persons against the acts of their own governments (p. 389)." It is this pedestal that introduces what is now known as humanitarian intervention, or the "idea of state intervening to protect the other state's nationals (p. 389)." Together, both the Charter of the United Nations and the Universal Declaration are "considered to spell out the general human rights obligations of all UN member states," of which there are now 193 (Buergenthal, 2006, p. 787) (Murphy, 2018, p. 59). Each international legal instrument has lent itself to the creation of international institutions dedicated to monitoring "compliance by the states parties with the obligations imposed by these instruments (Buergenthal, 2006, p. 788)." Such institutions include entities like the UN Human Rights Council and the Office of the United Nations High Commissioner for Human Rights (p. 788). Together, the instruments and institutions "laid the normative foundation of the contemporary international human rights revolution" and "influenced, in part at least, the contents of the legal norms under which international criminal tribunals operate today (p. 791)." The criticality of these elements to the international system, particularly as it pertains to international law, is justification for using each as measuring tools with which to judge the new UN cyber-focused resolution objectively. The third section of this paper will assess the purpose of the resolution and explain the supporting argument for its contents. Supporting Arguments & Analysis of A/74/401 Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 7 In order to truly understand the intent of international laws, it is crucial to develop an understanding of the stances actors take concerning the specific issues at hand. This understanding is of particular importance when discussing Resolution A/74/401 and the underlying views of cyberspace. Two opposing perspectives lie at the heart of debates surrounding the cyber domain and Internet governance and center around the notion of sovereignty. The first perspective is that "many governments are attempting to exert sovereignty in cyberspace in the same way as they do in physical domains (Nocetti, 2015, p. 111)." For these governments, the dominance of private sector institutions within cyberspace and "the unfettered internet access of their fellow citizens" are causes of concerns (p. 111). This sentiment is particularly true within the Russian government. Under its traditional views of governance, Russia "conceives of cyberspace as a territory with virtual borders corresponding to physical state borders, and wishes to see the remit of international laws extended to the internet space (p. 112)." Furthermore, Russia's domestic fears of an open Internet fuel its international concerns. Russia sees the Internet as "politically disruptive because it enables citizens to circumvent government-controlled 'traditional media (p. 113).'" It aligns this perspective "with the inherently authoritarian nature of the Russian regime (p. 114)." Russia's negative perception of the Internet as it is today ultimately lends itself to Russia's ideal mechanism of perpetuating its belief that "global internet governance is envisioned as an issue of high politics in which states - and the interstate balance of power-play – play an essential role (p. 116, 117)." Under this mechanism, it is little wonder that Russia has led international legal initiatives to refine control over the Internet since the Council of Europe's enactment of its Convention on Cybercrime. In a Ministry of Foreign Affairs press release following the General Assembly's adoption of Resolution A/74/401, Russia proclaimed that the "resolution shows that the world community urgently needs to develop a universal, comprehensive, and open-ended convention Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 8 on countering cybercrime (Ministry of Foreign Affairs, 2019)." The adopted resolution's language appears to align with this projected intent from Russia. The resolution stresses "the need to enhance coordination and cooperation among States in combating the use of information and communications technologies for criminal purposes" and notes "the importance of the international and regional instruments in the fight against cybercrime (United Nations, 2019, Countering the Use)." In order to fulfill these objectives, the resolution establishes an "intergovernmental committee of experts, representative of all regions" that will "elaborate a comprehensive international convention on countering the use of information and communications technologies for criminal purposes (United Nations, 2019)." Remarks of supporting nations support this appearance of cohesion. The representative from Nicaragua indicated the resolution would address cybercrime "in a more representative, democratic and transparent manner, taking into account the individual circumstances of developing and developed countries (Third Committee, 2019, Meetings Coverage)." China echoed this support, stating the resolution "is conducive to filling legal gaps in international cooperation (Third Committee)." At the same time, Belarus declared that "international cooperation is vital in investigating and combating cybercrime (Third Committee)." At face value, the resolution is a gesture of goodwill, a written contract to pursue options to disrupt cybercrime that will benefit all states. However, Russia's press release takes these notions a step further, realigning its message to its traditional view of international politics. It notes, "the resolution proposed by Russia essentially enhances states' digital sovereignty over their information space and ushers in a new page in the history of global efforts to counter cybercrime (Ministry of Foreign Affairs, 2019)." Furthermore, the press release dictates that the "convention must be based on the principles of respecting state sovereignty and non-interference in internal affairs (2019)." There are two Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 9 essential points within this statement that require further analysis. The first is the reassertion of the authoritarian construct with which Russia chooses to view cyberspace. In a press release initially dedicated to lauding the necessity of international cooperation, Russia simultaneously defaults to its traditional views of the international community and advocates for a "digital Westphalia (Nocetti, 2015, p. 117)." In recognizing sovereignty, Russia insinuates that the international community will successfully legislate mechanisms that will reduce cybercrime. A quick review of the supporting states in favor of the resolution upholds Russia's authoritarian views (United Nations, 2019, Countering the Use). In addition to China, Nicaragua, and Belarus, countries like Iran, Syria, Venezuela, Cuba, and the Democratic People's Republic of Korea are only some of the 88 Member States of the General Assembly who voted to adopt the resolution. Unsurprisingly, these states also abide by similar authoritarian perspectives on international law and sovereignty. China, for example, maintains a "comprehensive, multidimensional system that governs Internet infrastructure, commercial and social use as well as legal domains (Liang & Lu, 2010, p. 105)." This system supports "Internet censorship" and "China's single-party political system and its heavy intervention in Internet development (p. 105)." Given the nature and history of these states' political systems and methods of governance, the sudden focus on international cooperation generates questions of the underlying goals that may hide behind the official demands of the resolution. The second point requiring acknowledgment is the additional re-emphasis of sovereignty while also emphasizing non-interventionist beliefs in discussing non-interference in internal affairs. The resolution itself makes no mention of sovereignty or internal affairs beyond assisting countries with improving "national legislation and frameworks and build the capacity of national authorities" to deal with cybercrime (United Nations, 2019, Countering the Use). Despite the lack of language on this topic, the leading state on this initiative, Russia, felt the need Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 10 to emphasize its sovereignty in a press release about the resolution (Ministry of Foreign Affairs, 2019). Once again, Russia gives the impression that there may be a hidden desire layered within the words of the resolution. Additionally, the concept of non-interference within the international system is not without exceptions. The most critical exception being suspicion of human rights violations. As previously stated, humanitarian intervention and protecting citizens from their own government is a staple of international human rights law (Murphy, 2018, p. 389). Therefore, while non-interference in domestic matters is undoubtedly an essential tenet of international law, the resolution cannot call for international cooperation to combat cybercrime and simultaneously ignore the international cooperation required to maintain peace and security (United Nations, 1945, Charter of the United Nations). The next section of this paper will address these obligations to cooperation as it pertains to human rights while also highlighting the opposing arguments against Resolution A/74/401. Opposing Arguments for A/74/401 & Analysis of Human Rights Concerns The first perspective at the heart of the cyber domain debates, as described previously, is modeled after authoritarian beliefs and government control. The second perspective, modeled after a more Western approach to governance, is the belief of a free and open Internet that should remain decentralized and that "the best regulatory system is one that develops organically (Shackelford, 2013, p. 53)." A free Internet is more firmly the belief of the United States. This idea introduces the initial context necessary to understand the United States' opposition to the Russian-led cybercrime resolution. Even before the rapid development of the Internet, American foreign policy internalized the notion of "free flow of information internationally as an important element of national security (McCarthy, 2011, p. 92)." Former Secretary of State George Schultz argued that the free flow of information "undermined the Soviet Union and authoritarianism (p. 92, 93)." At its earliest beginnings, the Internet was a product of American ingenuity and, as a Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 11 result, built with a bias for "American libertarianism (p. 93)." In the present, the West has developed this concept in the "context of freedom expression, protection of intellectual property rights, and national security (Powers & Jablonski, 2015, p. 3)." As former Secretary of State Clinton asserted, the United States and other Western nations support the "freedom to connect" in opposition to efforts by states such as China, Iran, and Russia to create state-level information infrastructures designed for censorship (p. 3). The historical rivalry and disagreement between the two states on information, particularly as it pertains to cyberspace, only further roots the United States' opposition to the new United Nations cybercrime resolution. In its statement to the United Nations during the 49th & 50th meetings of the Third Committee, the United States expressed disappointment "with the decisions of the sponsors of this resolution to bring it to the Third Committee (United States Mission to the United Nations, 2019)." Contrary to the resolution's focus on cooperation, the United States' proclaimed the resolution would "drive a wedge between Member States and undermine international cooperation to combat cybercrime at a time when enhanced coordination is essential (United States Mission to the United Nations)." Furthermore, the United States asserted Russia's actions in introducing the resolution essentially bypass the "expert-driven, consensus-based process and therefore is not in line with their precedent (United States Mission to the United Nations)." Other Western states appear to agree with the United States assertions, as states such as the United Kingdom, Australia, France, Republic of Korea, and Germany composed part of the 58 Member States who opposed the adoption of the resolution (United Nations, 2019, Countering the Use). In a manner similar to the states in favor of the adoption, some opposed states made remarks in agreement with those of the United States during the Third Committee. Finland, on behalf of the European Union, remarked that "there is no consensus on the need for a new international instrument to fight cybercrime" and that the draft "represents a duplication of resources (Third Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 12 Committee, 2019, Meetings Coverage). Canada and Australia presented similar sentiments, remarking that "the Budapest Convention on Cybercrime is an important baseline for international cooperation" and that the new resolution "seeks to undercut consensus and will diminish existing global efforts that are already delivering results (Third Committee, 2019)." There is one remaining argument against the new cybercrime resolution: the potential that the document's vague language will create an environment where human rights will be more easily violated if left unchecked (Hakmeh & Peters, 2020). In a letter to the United Nations General Assembly, 37 organizations and six individuals expressed their concern for human rights protections as they pertain to the cybercrime resolution (Association for Progressive Communications (APC), 2019, Open Letter, p. 4). The first concern is a lack of clarity surrounding the scope of the "use of information and communications technologies for criminal purposes (APC, p. 1)." If left undefined, the language in the resolution arguably "opens the door to criminalising ordinary online behaviour that is protected under international human rights law (APC, p. 1)." If steps to do so were taken as a result of the new resolution, they would be in direct violation of the United Nations High Commission for Human Rights; who stated in 2011 that "human rights are equally valid online as offline (Shackelford, 2019, p. 168)." The second concern offered by non-government entities is the increasing trend in "criminalising ordinary online activities of individuals and organisations through the application of cybercrime laws (APC, 2019, Open Letter, p. 1, 2)." The letter even goes so far as to quote the UN Special Rapporteur over these concerns, that the "surge in legislation and policies aimed at combating cybercrime has also opened the door to punishing and surveilling activists and protestors in many countries around the world (APC, p. 2)." If used in such a manner, these initiatives, in addition to the UN cybercrime resolution, are in direct violation of the Charter of United Nations and the Universal Declaration on Human Rights. Within the Charter of the United Nations, efforts to Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 13 restrict or punish opposition elements such as activists or protestors violates Articles 55 and 56, which requires states to cooperate with the UN in achieving the organizations' purposes such as promoting human rights (United Nations, 1945, Article 55, 56). The Universal Declaration on Human Rights provides more specific language with which to attribute potential violations. The open letter notes that legislation of this kind is used to "criminalise legitimate forms of online expression, association and assembly through vague and ill-defined terms that allow for arbitrary or discretionary application (APC, 2019, Open Letter, p. 2)." Immediately, legislation that allows for criminalization of these elements is in direct violation of Articles 18, 19, and 20, which declare "all persons have a right to freedom of thought, conscience, religion, and assembly (Murphy, 2018, p. 402)." Furthermore, violations such as these also violate article two, which guarantees people "the right to life, liberty, and security" and dictates that "these rights are to be held without discrimination of any kind (Murphy, p. 402, 403)." Upholding these rights within cyberspace continues to fall in line with the Western perspective on the Internet. As McCarthy quotes, "the Internet is arguably the greatest facilitator for freedom of expression and innovation in the world today (McCarthy, 2011, p. 94)." The status of the Universal Declaration on Human Rights as "legitimate norms within the international system" permits this interpretation and application of international law to future resolutions (p. 94). If states are signatories to the declaration, any future adoption of any resolution must adhere to the principles and freedoms guaranteed by it. Resolution A/74/401 does refer to human rights protections, "reaffirming the importance of respect for human rights and fundamental freedoms in the use of information and communication technologies (United Nations, 2019, Countering the Use)." However, the resolution's open language is in direct contradiction to this promise, if not clarified. As the open letter indicates, "simply reaffirming the importance of respect for human rights" is "insufficient to safeguard human rights while Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 14 countering cybercrime (APC, 2019, Open Letter, p. 2)." The final section of this paper recommends additional actions that may further unify opposing entities on this resolution while simultaneously addressing all human rights concerns. Recommendations The Russian-led supporters of the resolution and the United States-led opposition are unified in one common element, at least in writing. The element is that consensus and international cooperation are vital in addressing cybercrime (Ministry of Foreign Affairs, 2019) (United States Mission to the United Nations, 2019). This notion is in concert with the Council of Europe, who remains the only entity to successfully orchestrate an international cybercrime treaty (Council of Europe, 2004, Convention on Cybercrime). In 2001, the Council of Europe postulated that "solutions to the problems posed must be addressed by international law, necessitating the adoption of adequate international legal instruments" that can "ensure the necessary efficiency" required to combat cybercrime (Pocar, 2004, p. 28). If the international community determines that another cybercrime treaty is required within the intergovernmental committee of experts authorized by Resolution A/74/401, then the new treaty should consider the aims of the Council of Europe Convention on Cybercrime (United Nations, 2019, Countering the Use). In doing so, the United Nations should strive to create a "basic framework for the establishment by contracting states of domestic substantive and procedural laws" in a manner that allows states to "cooperate expeditiously with one another (Pocar, 2004, p. 30)." If successful, the United Nations will be able to "establish procedures for relevant international relations" and provide "forms of cooperation between national judicial authorities as many interact with each other both swiftly and efficiently (p. 31)." Furthermore, the necessity of these requirements is supported by the very nature of the "the world-wide dimension of the Internet," Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 15 which "implies that its illegal use and related offenses must prompt responses and concerted efforts from all relevant domestic and international authorities (p. 34)." The non-governmental organizations' open letter to the United Nations supports the need for cooperation but takes it one step further than the states themselves. In its current structure, the Internet is a public-private endeavor, with private entities dominating cyberspace (Nocetti, 2015, p. 111). The present language of the United Nations cybercrime resolution allows for an intergovernmental committee of experts. However, it does not expand on the actual composition of the committee (United Nations, 2019, Countering the Use). Noting that Russia and other authoritarian regimes prefer non-government entities to use the government as a proxy for communication, it can be inferred that a Russia-led resolution intends the committee to be comprised of only government entities (p. 117). The open letter rightly points out that collaboration on cyber issues must expand beyond state cooperation. Addressing cybercrime is "necessarily a multi-stakeholder endeavour" that "requires government officials and experts, members of the technical community, civil society, the private sector, and scientific and research institutions (APC, 2019, Open Letter, p. 4)." An assessment of this viewpoint reveals that a committee dedicated to combatting cybercrime cannot rely on government expertise alone. In order to accurately reflect the composition and requirements of a private-public Internet, all discussions surrounding this resolution should involve both private and public entities. Therefore, the committee should be reformed to more accurately reflect the Internet's users. In doing so, the United Nations breaches the divide between authoritarian and more democratic governments, further increasing cooperation on this resolution. However, increased cooperation through a broader, inclusive committee and implementation of lessons learned from the Council of Europe Convention on Cybercrime will not ensure that the future convention successfully resolves the resolution's weaknesses. In Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 16 modern-day, the international system emphasizes international human rights more than ever before, as "this branch of international law has experienced phenomenal growth over the past one hundred years (Buergenthal, 2006, p. 807)." This growth has contributed to the "growing political impact of human rights on the conduct of international relations and the behavior of governments (p. 807)." If real success is desired within international governance, then the committee established under the "Countering the use of information and communications technologies for criminal purposes" resolution must account for human rights protections when determining the requirements of the "comprehensive international convention (United Nations, 2019, Countering the Use)." As the representative from Costa Rica during the 49th and 50th meetings of the Third Committee, "the international community must protect and observe fundamental freedoms, including the right to privacy (Third Committee, 2019, Meeting Coverage)." Until there is consensus on "sensitive topics such as…State responsibility to prioritize and protect human rights," the future proposed convention will fall short of its goal of achieving complete international ratification (Third Committee). Conclusion As cyberspace expands in conjunction with the rapid advancement of technology, the fear of the unknown drives further division between already opposing states in the international system. Resolution A/74/401 is the latest testament to the evolution of politicization within Internet governance. In addressing a topic that impacts every Internet-accessible region of the world, the resolution simultaneously magnifies the opposing perspectives of states as it pertains to sovereignty within the cyber domain. Furthermore, it reignites the protracted debate over whether or not human rights obligations addressed in such documents as the Charter of the United Nations or Universal Declaration on Human Rights are legally binding. Preventing further polarization requires both an acknowledgment of a fracturing international system of Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 17 governance and a proposed solution to address the issue. While state-centric governance provides legitimacy and the potential for a higher allocation of resources dedicated to protecting the Internet, increased sovereignty also "risks sacrificing innovation, complicates the regulatory environment of cyberspace, and may threaten a positive vision of cyber peace (Shackelford, 2013, p. 50)." These risks are why an alternative method to an intergovernmental committee must develop in response to the resolution. This method should integrate a multi-stakeholder construct to more fully recognize the competing impacts of cybercrime and fairly address the allegations of human rights infringement. One such method is polycentric governance, a system composed of "diverse organizations and governments working at multiple levels" in order to "increase levels of voluntary cooperation or increase compliance with rules established by governmental authorities (p. 330)." Individually, each organization or type of government faces its own unique hurdles. Together, they "contribute to a governance regime that is multi-level, multi-purpose, multi-type, and multi-sectoral in scope that could complement the top-down governance model increasingly favored" by states such as Russia or China (p. 331). Implementing polycentric governance to more equitably debate the appropriate response to international cybercrime will create an international community willing to consider the developing convention. In doing so, the environment will be better suited to determining whether or not the international system can leverage international law to investigate and prosecute cybercrime. Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 18 References Association for Progressive Communications (APC). (2019). Open Letter to UN General Assembly: Proposed international convention on cybercrime poses a threat to human rights online. Retrieved from https://www.apc.org/sites/default/files/Open_letter_re_UNGA_cybercrime_resolution_0.pdf Brenner, S. (2012). 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