Translations of press articles, letters, commentary, memorandums and unrelated documents, that are gathered in a file title "Classified information". Its content is about politics, critiques to the government of President Cárdenas, relations between Mexico and the United States and speeches. Letter from Gen. Agustín Olachea, delegate of Tijuana, Baja California to Gen. Plutarco Elías Calles who is in Honolulu, Hawaii. He informs that he was in Mexico City and that President Cárdenas dismissed him from his appointment. He will be replaced by Gen. Gilgardo Magaña. He also informs that he transmited Gen. PEC's message to the President but he replied that he had already ordered to stop the "chismografía" campaign (gossip). He expresses that he does not know if the situation is due to a government policy to eliminate his friends or due to his friends' attitude. Either way, the situation is worsen. Finally, he informs that he visited the children and that they miss him but they are fine. He is leaving to Tehuacán to have a break and then work on his mining business. Bill sent by President Gen. Lázaro Cárdenas and Secretary of Finance Eduardo Suárez to the Congress, so it can be added a law for national assets. Said law establishes the assets for public services and buildings assigned by the President for public works, although private institutions carry the works out. Article without date nor place, signed by Luis del Toro and titled "Calles and his Work", in which the author exposes the campaign against Gen. Plutarco Elías Calles. Within the campaign they praised his works but also condemned him as a person without considering that those two aspects cannot be separated. He considers irrational the attitude of many individualx who say they are engaged with Calles' project, such as the Six Year Plan and organizations created by him like the PNR, but at the same time, they denigrate and persecute Calles and his supporters. Translation of the letter publish in the Los Angeles Examiner on October 27, 1935 sent by Reverend Charles L. Brooks from the First Methodist Church in Mangum, OK to President Roosevelt and that is titled "The New Program is infested with Socialism". According to the translator, this document is written with biblical language and reveals a deep knowledge of the economic issues. Reverend Brooks thanks for the good things during Roosevelt's administration but warns against socialism, which is getting more supporters. He recognizes that Roosevelt's intentions are not socialist but his actions indeed are. He lists some of the actions like the taxes on industrial management, the Guffey Bill on coal and the Wagner-Connery labor Bill that privileges majorities. He points out the ineptitude, mismanagement and waste of political advisers. He tags the social security legislation as complicated and socialist. He attributes the disaster to the economic policy installed. Letter with illegible signature that could belong to Abelardo L. Rodríguez. It does not include the recipient and is dated on Mexico City on November 1935. It is a reply to a letter sent regarding "President Van Beuren" with opinions about the recipient's trips to China and Japan. The author informs the recipient of personal matters and the progress of public affairs in the country. Regarding the personal matters, he mentions the trial of Díaz and the judicial process. He informs about paperwork with the Secretariat of Communications for the itineraries of "El Sauzal" and the annulation of the contract for not meeting the requirements established in the law of roads of communication. He mentions that Secretary Múgica gave instructions to the Department of Navy to pass the affairs with Gaxiola to the court, which shows hostility and partiality. Regarding the national situation, he expresses that it is increasingly worse and anarchic. The President is ill of brucellosis and is very weak. Portes Gil is inciting agrarian movements and is apparently allied with Cedillo. Múgica, committed to demagogic excesses, informs that Melchor spoke in Washington with Ambassador Castillo Nájera, who recently had been invited by President Roosevelt to the White House. He was informed that the U.S. government would take measures to solve the religious conflict in Mexico, since many foreigners had asked the U.S. government to define its position. In view of this threat, Cárdenas ordered to reopen the temples in Sonora. Regarding the land grant, the U.S. government is suspicious, according to what was informed to Castillo Nájera. It is known that a group of generals is upset with the president's policy, so dissatisfaction is extended and divisions are evident. He advises to be careful and offers to see him in New York. He informs that he is sending a copy of the letter to Gen. Plutarco Elías Calles who is in San Diego. He says goodbye and sends greetings to Lalo and … (it continues in the next record) / Traducciones de artículos de prensa, cartas, comentario, memorándums, documentos sin relación entre sí, reunidos en un archivo titulado "Confidencial" cuyo contenido es en general sobre política, críticas al gobierno del Presidente Cárdenas, relaciones México-Estados Unidos, discursos. Carta del Gral. Agustín Olachea, delegado del gobierno en Tijuana, Territorio Norte de Baja California al Gral. PEC que se encuentra en Honolulu, Hawaii, informándole que estuvo en la ciudad de México y que el Presidente lo relevó del cargo que desempeñaba y que lo va a sustituir el Gral. Gildardo Magaña; que trasmitió al Presidente su mensaje y que él le dijo que ya había ordenado se suspendiera la campaña de chismografía. Le manifiesta que no sabe si la situación se deba a una política de gobierno para eliminar a todos sus amigos o la actitud de sus amigos, pero que la situación empeora. Por último le comunica que visitó a los niños, que lo extrañan pero que están bien y que él se va a Tehuacán a descansar para después dedicarse a su negocio de minas. Iniciativa que el Presidente Gral. Lázaro Cárdenas y el Secretario de Hacienda Eduardo Suárez envían al Congreso de la Unión para adicionar la ley de bienes inmuebles de la nación, del 18 de diciembre de 1902, por la cual se quedan equiparados a los bienes destinados a un servicio público los predios o edificios que el Ejecutivo Federal destine a una obra de interés social, aunque la misma esté a cargo de entidades privadas. Artículo sin fecha ni lugar, firmado por Luis del Toro y titulado "Calles y su obra" en el que el autor denuncia la campaña emprendida contra el Gral. PEC, ya que si bien alaban su obra pública condenan a su persona sin tomar en consideración que el hombre es indivisible de su obra; por ello es irracional la actitud de muchos individuos afines al régimen que se dicen comprometidos con los proyectos de Calles como el Plan Sexenal y las organizaciones por él creadas como el PNR; pero lo denigran como persona y lo persiguen a él y a sus partidarios y amigos. Traducción de carta publicada en LOS ANGELES EXAMINER, el 27 de octubre de 1935, que le dirige el Rvdo. Charles L. Brooks de la First Methodist Church de Mangum, Oklahoma al Presidente Roosevelt y que se titula "El nuevo programa está plagado de socialismo". Este documento, según hace constar el traductor, está escrito en lenguaje bíblico y revela un profundo conocimiento de los problemas económicos; agradece todo lo bueno que ha dado la administración de Roosevelt pero le previene contra el socialismo que cada vez gana más adeptos; reconoce que sus intenciones no son socialistas pero insiste en que sus acciones sí lo son y enumera algunas de ellas como el impuesto sobre procedimientos industriales; la iniciativa Guffey sobre el carbón; la iniciativa laboral Wagner-Connery que privilegia a las mayorías para contratar colectivamente en perjuicio de las minorías; acusa la ineptitud, mala administración y desperdicio de algunos consejeros políticos, al Presidente; tacha de complicada y socialista la legislación del Seguro Social; augura el desastre por la política económica instaurada. Carta cuya firma es ilegible, que pudiera ser de Abelardo L. Rodríguez, sin nombre de destinatario, fechada en México, D.F. el 9 de noviembre de 1935, que es contestación de una enviada a bordo del "Presidente Van Beuren" con observaciones sobre los comentarios del viaje del destinatario a China y Japón, que difieren de las hechas por Bojórquez; el autor de la carta informa al destinatario sobre sus asuntos personales y sobre el desarrollo de los acontecimientos públicos en el país; en cuanto a los asuntos privados comenta el juicio de Díaz y cómo va el procedimiento judicial sobre el cual se dictaminará sentencia proximamente. Trámites ante la Secretaría de Comunicaciones sobre los itinerarios de El Sauzal y declara la caducidad del contrato por no haberse cumplido algunos requisitos que exige la Ley de Vías Generales de Comunicación; comenta que el Ministro Múgica dio orden al Departamento de Marina, para que todos los asuntos de Gaxiola pasarán al jurídico con lo que se demuestra animadversión y parcialidad. En cuanto a la situación del país comenta que es cada vez más grave y más anárquica, que el Presidente está enfermo de fiebre de malta, que está muy débil, que Portes Gil está dedicado a agitar a los elementos agrarios, aparentemente aliado con Cedillo; Múgica entregado a excesos demagógicos; comenta que Melchor (?) habló en Washington con el Embajador Castillo Nájera quien recientemente había sido invitado por Roosevelt a la Casa Blanca para informarle que el gobierno de Estados Unidos iban a tomar medidas para resolver el problema religioso en México ya que eran muchos los requerimientos que extranjeros le habían hecho para que la administración norteamericana definiera su postura, ante esta amenaza Cárdenas ha ordenado que se abran los templos en Sonora; en cuanto al reparto agrario, la Casa Blanca también está muy recelosa y así se lo han informado a Castillo Nájera; se sabe que un grupo de generales está muy molesto con la política del Presidente, con lo que el descontento está muy extendido y la dispersión de fuerzas evidente; le aconseja obrar con cautela y se ofrece a esperarlo en Nueva York; le informa que envía copia de la carta al Gral. Calles a San Diego, se despide y envía saludos a Lalo y . (Continúa en el siguiente registro)
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Prices Always Right Itje Lutheran Mlieirtloji Society No 1424 Arch Street, PHILADELPHIA, PA Acknowledged Headquarters for anything and everything in the way of Books for Churches, Colleges, Families and Schools, and literature for Sunday Schools. PLEASE REMEMBER That by sending your orders to us you help build up and develop one of the church in-stitutions with pecuniary ad-vantage to yourself. Address HENRY 8. BONER, Supt, THE KAERCURV The Literary Journal of Gettysburg College. VOL. XVI GETTYSBURG, PA., DECEMBER, 1908 No. 7 CONTENTS. A CHRISTMAS POEM 2 E. J. BOWMAN, '11. JUSTIFICATION OP THE BOYCOTT 3 E. E. SNTDER, '09. CONSTITUTION OP THE KEYSTONE DEBATING LEAGUE 7 IS THE GOVERNMENT COSTING US TOO MUCH?. 9 P. S. DENGLER, '09. OUR LITERARY SOCIETIES II.—PHRENA 11 WHY IS GETTYSBURG NOT WEALTHY? 13 ST. G. PHILLIPY, '09. THE JUNIOR "PROM" SOCIALLY CONSIDERED. .15 BIOGRAPHY OF SCHILLER 17 MISS BAUSCH, '11. CULTURE'S DISTRESSING FOE 20 G. E. WOLF, '09. THE ECONOMIC ASPECTS OF THE LINCOLN ROAD.22 G. L. KIEFFER, '09. THE "INDIAN STEPS." 23 E. C. STOUFFER, '11. THE INVESTIGATION OF THE FARMER; WHAT IS IT LIKELY TO BE WORTH? 25 MISS HELEN H. BRENNEMAN, '08. EDITORIALS 27 BOOK REVIEWS 29 EXCHANGES 30 THE MERCURY A CHRISTMAS POEM. E. J. BOWMAN, '11. .Behold the earth in solemn stillness lies! Again, his course traversed, the king of day Has sunk beneath the distant mountain tops. No longer glows in radiance the sky, But silent night enshrouds the wearied earth. No sound of man or beast comes forth to break The charm that over all has cast its spell. And far above from out the folds of heaven's Aetherial dome, the stars innumerable and Sublime are smiling on the earth below. All nature bows her head in reverence, thus- The God of Peace to laud and magnify. 'Twas such a night when from far Eastern lands, O'er mountains high, through valleys deep, Wise Men? Their way were tracing, guided by a star Outshining all the innumerable host That spangled all the heaven's majestic dome- When lo o'er Judah's city, Bethlehem, It stopped, and there, within a lowly hut, Behold, asleep within a manger lay The Holy One, the Buler of the Wise, By seers announced and prophets long before- 'Twas such a night when on the rolling hills O'erlooking David's City, Bethlehem, The humble shepherds, holy and devout, Their flocks were guarding from the hostile foe That roamed o'er hill and plain in quest of prey- When lo, the glory of the living God Around them shown, and, standing in their midst They saw the form of One divine in robe Of heavenly light, and in a tender voice The Messenger addressed the shepherds thus: "Fear not, I bring you tidings of great joy, THE MERCURY. To you, I bring them and to all mankind: In yonder Bethlehem is born this day A child, who is your Saviour and your Lord." Then while the shepherds filled with awe, o'er this Mysterious scene were meditating deep, Their gaze beheld a heavenly host in robes Of shining white around the Messenger Of love. Then forth upon the hallowed night The mellow strains of heavenly music broke, And there alone by God's own chosen few "Was heard the anthem of the Christmas-tide: "To God on high be glory evermore And upon earth goodwill and peace to men." JUSTIFICATION OF THE BOYCOTT. E. E. SNYDER, '09. JHE justification of the boycott is by no means an easy task. Its practice and its underlying principle have always been questioned and in view of the advanced and radical ground taken by both its advocates and its opponents, a careful study of the boycott, its history, its develop-ment, its modern forms, and its ultimate object, is necessary to enable us to pass judgment upon it, either favorable or unfavor-able. The term originated in 1880 when Captain Boycott, an Eng-lishman, who was the agent of Lord Barne in the Connemara district of Ireland, became so obnoxious because of his harsh treatment of the tenants, that they retaliated by inducing the people for miles around to have nothing whatever to do with him. They would neither speak to him, work for him; buy from him, sell to him, or in any way connect themselves with him. More than this they resorted to violence and even blood-shed, to prevent others from doing so. But this was not the ori-gin of the practice although it gave rise to the term. The prac- 4 THE MERCURY. tice extends almost as far back as history itself. In 1327 the citizens of Canterbury, England, boycotted the monks of Christ's Church. They refused to inhabit the houses of the prior, and passed an ordinance that no one should buy, sell, or exchange drink or victuals with the monastery. A severe punishment was provided against the disobedience of the order. The first use of the boycott in America was during the period just preceding the Eevolution, when the colonists boycotted several articles of British make. This culminated in the Boston Tea Part}', which was advocated and supported by our best and most patriotic citizens. Thus the advocates of the boycott claim that it was born in the cradle of American liberty. It was a great weapon, used by the Abolutionists against slavery, and it has often been used by ministers and others prominent in the social world against intemperance, immorality and other social evils. It has been used by the Manufacturer's Association against the work-ingmen, but here it is known as the "black list," and in this form it has ruined thousands of poor laborers. It has also been used by the laborers, in retaliation against the capitalists and it is this use which represents what we today recognize as the boy-cott. Thus from its history we might define boycott in its original usage, as meaning a combination of many to cause loss to one person by refusing to have any relations with him and by influ-encing and coercing others to treat him in like manner. In re-taliation for some wrong either real or imaginary, they withdraw from the victim all beneficial intercourse and even resort to force, in order to persuade others to do likewise. Today the term boy-cott means a combination of many usually organized working-men against an individual or a combination, through which they seek by withdrawing their support and services to secure redress for some infringement upon their rights. It,is this use that we would attempt to justify. The boycott, as has been mentioned, is but another name for the "black list," although it is usually practiced with a nobler end in view. The boycott usually seeks redress for wrongs, while the "black list" disregards the justice of its object and seeks only additional advantages by this coercive means. Yet the capital-ists raise a great cry of injustice when the boycott appears,, and shall be defined by the college that submits the question. THE MERCURY. lose no time in making their appeal to the courts for injunction and protection, although they are daily and yearly practicing the same principle against the laborer who can seek justice through no other means. But in this case it is the poor man's ox, that is gored instead of the rich man's, and if he would resist or seek redress, he is pointed out as dangerously affected by socialistic principles, and often suffers for trying to maintain a right guar-anteed to all by our Constitution. In practice, also, the boycott has changed, and few of the ob-noxious and injurious characteristics of the ancient boycott re-main. The boycott, as practiced at present, as has been stated, is simply the ostracism of an individual or organization, by an organization in order to secure, what they believe to be their rights. It may result in great pecuniary loss to the victim and because of this fact has often been restrained by injunction, but ■no violence attaches to it; no personal harm or injury, and in many cases individual bitterness has been eliminated. No force or coercion is used outside the obligations of membership in the contending organization, although, this fact is often changed, .and it is true that many organizations do take up the fight in sympathy. It is, when rightly used, but an effective weapon in the hands of the laborer by the use of which he is able to secure consideration and justice, when other means have failed, and as such its use is justifiable. From the laborer's standpoint its use possesses considerable economic importance, for it is only by its use, through the me-dium of his organization that he can battle, with any degree of success against the oftimes higher intelligence and more perfect organization of his employers, the capitalists. In this age, the tendency of each class, seems to be to gain wealth regardless of the loss, they may occasion. To the laborers, the boycott, is one of the few barriers that stand between him and a lower standard of living, which would be the inevitable result, were these barriers removed. Our eco-nomic welfare depends upon progress in every class. If the laborer is to share this progress he must advance and not recede. He must raise his standard of living, his culture and his edu- •cation instead of lowering them. To do this he must be in con-tinual conflict with the capitalist, who is his superior in educa- THE MERCURY. tion, and had an additional advantage because of his capital. The boycott has proved to be one of the few things which the •capitalists have not been able to overcome, and as its use enables the laborers to maintain his ground in the conflict for advance-ment, it is certainly justifiable. The boycott can also be regarded, as simply the practice of the right guaranteed to each citizen by our government, to say, write, or publish, anything he wishes, on his own responsibility. This is what the laborer claims for the boycott. He certainly has the right to govern his own words and dealings and to use his influence with others so long as he advocates a just cause and uses no coercive measures to secure adherents. This represents the workingman's idea of the boycott, and while it must be ad-mitted that it is here pictured in its most favorable form, and •that it is seldom practiced within the prescribed limits, yet the argument is founded upon a basis of justice and many decisions of higher courts have recognized this fact. As a last claim, we would advance the boycott, as the only ef-fective weapon against the "black list." No man has a right to work permanent ruin to another because of individual difference of opinion nor has an organization a similar right, and since the employer often uses this means against the employee, the laborer has a right to defend himself by the boycott. It is a hard and bitter solution to the problem. It is the Old Testament dispen-sation, "An eye for an eye." but when we consider that the con- 'ditions, from an ethical standpoint are far from normal, we must be satisfied if they do require abnormal means. Thus would we justify the boycott, from an economical view-point, but when we turn on our question the light of an ethical culture, we find it again questionable and we are compelled to ask ourselves the question, "Is there in the business activity of today, as represented by the masses on both sides, a point where ;an individual can retain pure ethical ideals and secure true eco-nomic good?" Perhaps in the masses there is not, but it is pleasing to note that here and there in the great business hustle of our age, we see sturdy advocates of a higher principle emerg-ing from the ranks of both contestants and when these shall have gained a majority the justification of the boycott will be impos-sible, but not until then. THE MERCURY. 7 CONSTITUTION OF THE KEYSTONE DEBATING LEAGUE. ARTICLE I. NAME AND MEMBERSHIP. This organization shall be known as the Keystone Inter-Colle-giate Debating League and shall have the following members: Bueknell, Lafayette and Gettysburg Colleges. ARTICLE II. PURPOSE. The purpose of this organization shall be to increase interest in debating in each of the colleges represented and to encourage inter-collegiate debating. ARTICLE III. ORGANIZATION. The executive committee shall consist of one undergraduate from each college represented and shall meet annually at the time and place of the final debate to transact all business of the League. ARTICLE IV. CONTESTANTS. Each college shall send to the contest in which it participates three representatives. Contestants shall be regularly enrolled students in the collegiate department taking at least ten hours of recitation or lecture work per week. The names of the de-baters and alternate shall be submitted to the opposing team at least ten days before the debate. No college shall protest the-eligibility of a debater later than five days before the debate. ARTICLE V. SELECTION OF QUESTION. The question for debate shall be submitted not later than six weeks and returned not later than five weeks before the debate is to be held. The college that receives the question shall select sides. No college shall submit the question to the other college twice in succession. Terms in the question, if not understood. THE MERCURY. ARTICLE VI. JUDGES. The college at which the debate is held shall submit to the visiting team at least four weeks before the debate the names of prospective judges. The visiting team may strike from the list any of "the names and shall return the remainder within one week designating the order of preference. No personal friend of any contestant and no one having had student of official relations with either of the colleges involved, shall be eligible for appoint-ment as judges. At the close of the contest, without conference-with his associates, each of the three judges, deciding for him-self, shall give his vote duly signed and sealed to the presiding officer who shall announce the decision. The judges shall base their decision on argument and composition and delivery; argu-ment to count sixty per cent., composition and delivery forty per cent. ARTICLE VII. CONTEST. The college at which the debate is held shall select the presid-ing officer. Each debater shall have fifteen minutes; ten min-utes for his opening speech and five minutes for rebuttal. The first speech in rebuttal shall be made by the negative, and the-affirmative shall close the debate. The order of speakers in re-buttal shall be left to the discretion of the respective teams. No> new material shall be introduced in rebuttal speeches. ARTICLE VIII. EXPENSES. At the annual meeting of the Executive Committee, each col-lege shall present an itemized statement of its expenses necessary for the year. This expense shall be born equally by the colleges-of the League. TIIE MERCURY. IS THE GOVERNMENT COSTING US TOO MUCH. F. S. DEX3LER, '09. F wo except the most active period of the Civil War, the total drafts upon the Treasury of the U. S. during the past Congresshavebeengreater than at any period in our history. The total appropriations made by Congress dur-ing the Civil War were $1,309,000,000 of which $1,030,000,000 was spent upon the army. The appropriations for the fiscal year 1909 reached a total of $1,007,000,000. In these days, when private fortunes sometimes run up to a hundred million dollars we are liable not to realize how large a sum a billion dol-lars really is. It would take an expert counter, working eight hours a day, over one hundred years to count a billion silver ■dollars. A billion dollars in twenty dollar bills would make a pile 13,750 feet high. What is all this money used for? The expenditures may be classed under three general heads: Postal Service, $225,000,000. Military Service, $500,000,000. Other Government Service, $225,000,000. The largest appropriation for a single department was that for the post office. The postal service is one of the greatest utilities which the government gives to the people and one which the peo-ple can appreciate every day. The post offices scattered all over the land turn into the postal department a large revenue each year but it is not sufficient to run the service. The quarter of a billion dollars is disbursed through many channels. The sal-aries of postmasters, clerks, carriers and messengers total in the millions. The railroads come in for a large amount for carrying the mail. The rural delivery was established in recent years at a cost of about $25,000,000. A bill was proposed at the last Congress to establish a rural parcels post, but it was not passed. The most significant feature of the appropriations during the year is the great amount of attention that has been given to the building up of the military branch of the government. The ex-penditures for the army and navy, if we leave out of account the years when the country was engaged in war, have been the larg-est in the history of the country. The army was granted $95,- 10 THE MERCURY. 000,000; the navy, $123,000,000; the amount $163,000,000 for pensions should be included. The remainder of the half billion dollars is spent for fortifications, military and naval academies, soldiers' homes, arsenals, armories,'navy yards and numerous other things of a similar nature. The total expenditures for military purposes, direct or indirect, is truly a colossal sum when we bear in mind that our standing army today is not over 70,000. The sending of our fleet around the world is an event in history—an event which cannot fail to have a good influence. While we may be a peaceful nation, it will show that we have strength enough to protect ourselves in time of trouble. Some people think that our navy is too large. They say that our ships have nothing to do and then they get into trouble as in the cap-turing of the Philippine Islands. The remaining quarter of a billion dollars goes for a great number of things. The Agricultural Department, the Diplo-matic and Consular service, the Indian Bill, the different bu-reaus and public works are all included. We have seen where the money goes. Now, where does it come from? The revenues of the government amount to about $800,000,000 and this will leave a deficit of about $200,000,000. The treasury has a surplus of $250,000,000 to meet this. If this is not sufficient bonds can be sold. The Speaker of the House and the House itself keep restrain-ing hands on the extravagant tendencies of the varioifs commit-tees. The tendency of Congress to spend money is increasing at an appalling rate. The money appropriated by last Congress would have run the government during the decade ending 1896. These periods are both far enough removed from the Spanish War not to be materially affected by it. The world has advanced and moved forward since 1896, but not to such an extent as to warrant the rate of increase of running the government. There seems to be a leakage somewhere. Congress should remember that even a million dollars does not flow into the treasury of its own accord but it is pushed in and that as a result of the sweat of many brows. This does not mean that a narrow-minded policy should be adopted. The American people are willing to pay well to keep their country in the front ranks of the army of THE MEKCUEY. 11 progress. The last Congress has made a record in appropriating, public money and it is up to Congress to make a record in the-spending of it. OUR LITERARY SOCIETIES II—PHRENA. N the account of Philo which was published last month we find much that is very similar to the history of" Phrena The Phrenakosmian Literary Society was founded Feb. 4th, 1831, in Linwood Hall. At the second regular meet-ing a constitution and by-laws were presented and adopted. We are fortunate in having the original copy in an excellent state of preservation. Although frequently modified and amended, this historic document retains its original and noble spirit. The whole aim of its authors and zealous defenders is admirably ex-pressed by this, the motto of the Society: Kocr/m T/iv peva. There also exists the minutes of all the meetings that have been held since the Society was organized. These also have been well cared for and may be found among the treasures of the li-brary. As for Phrena's library, it can be said that it contains 5,845 volumes, which are the results of the energetic exertions of our members. Various catalogues of these books have been made for the use of our members, but most of them are not suitable for reference work. The Society is now indebted to George Heintz. '09 for a complete card index of the library. This not only en-hances the value of the present, collection of books but insures to us the proper recognition, care, and usefulness of any works we may add. Other property of value has accrued to the Society. In 1837r when Phrena was given a large and convenient room in the new college building (Old Dorm.), efforts were immediately made to secure suitable furniture. Here again the characteristic as-siduity of Phrena's members was triumphant. Improvements have been made from year to year, and the present beautiful ap-pearance of our hall furnishes sufficient evidence of the energy 12 THE MERCURY. as well as the taste of those by whom it was accomplished. The-present apartment in Eecitation Hall is elegantly furnished. Busts of Franklin, Webster, Cicero and Demosthenes have appro-priate places on the walls. The walls are also decorated with portraits of those Phrenakosmians who have done honor to their Alma Mater by becoming capable to hold professorships in our college. The Society has helped men individually, and has contributed much to the health of college spirit. A literary contest in which much spirit is shown, is held each year, with our sister society, Philo. Formerly it was the custom of the two societies to join at commencement time and be addressed by an honorary mem-ber of each society, alternately. In earlier years, of those be-longing to Phrena, and Eev. E. J. Breckenridge, D.D. officiated in 1842, Eev. T. H. Stockton, D.D. in 1844, and Eev. George B. Cheener, D.D. Much time and labor could be spent in arranging the inter-esting events of Phrena's history, but the space on these pages-does not permit the presentation in detail of very much con-tained in the Society's records. Suffice it to say, the work of those who have gone before should be gratifying to us as presag-ing that like privileges and honors are in store for their succes-sors. With the same noble aspirations and unalterable determi-nation let us be true to our literary societies as were those who have gained so much by supporting them. At present, Phrena is wide awake, doing excellent work and living true to the spirit of her fathers. THE MEECUEY. 13 WHY IS GETTYSBURG NOT WEALTHY ? N. G. PHILLIPY, '09. N" treating this question we will consider the people as a whole, taking as broad a view as possible under the cir-cumstances. According to Webster, wealth means large possessions, opulence, riches. Of course we could not compare Gettysburg with a large city and expect the same amount of wealth, but should more properly compare it with smaller towns of its own size. One of the foremost reasons why Gettysburg is not wealthy is the lack of industries conducted on a large scale. We find no shops or anything of a like nature whereby the owners or entre-preneur can amass a fortune. The ordinary workman cannot collect a fortune as nearly all his wages are used to support his: family. As a rule where there are no large enterprises located we find little wealth. It is true the location of the town geo-graphically may be accountable for the lack of industries, but this does not demand consideration under the present question. The lack of employment for men accounts for the slow in-crease in population. An increase in the value of land and property depends largely upon an increase in population and as the values of each remain nearly the same from year to year, speculation and investments in this line are unprofitable and unremunerative in Gettysburg. The country surrounding the town is not so very fertile and agriculture is not as productive as we find in many other locali-ties. Very few agricultural products are put on the market by the farmers near the town in any great quantity. We do not find minerals profitable for mining in the neighboring localities so very little shipping is carried on. 'Eailroads depend on freight for their profits and when there is little transportation railroad facilities are usually poor. Being located inland the people have not the opportunity to carry on markets or any other pursuit which water affords. The people themselves, have a great influence on any town. If we make a careful study of the people and their pursuits we have partly, at least, the solution of our problem. In our study 14 THE MERCURY. we must take into account their likes and dislikes, their desires,, their ambitions and their doings. The people as a whole are of a retiring nature. There seems: to be little greed for money and little ambition to amass a great, fortune. Each individual is actuated by a desire to live com-, fortably and save enough to keep himself and family during old age. Judging from appearances everybody is contented and happy, a condition which is proof of the statement that the de-sire for riches is lacking. We find the population as a body, industrious, being em-ployed at different occupations. An unusual number are en-gaged in educational work who labor more for knowledge and the pleasure afforded thereby, than for the money received for their work. It is natural in a college town to have cultured people. Peo-ple of culture and refinement have their surroundings fashioned after their ideas and influence the whole community. This class has certainly added much to the community. The battlefield also attracts many well-to-do people who come here to. live a retired life and to enjoy the beautiful surroundings. In Gettysburg, if a man is not engaged in educational work, he is in sympathy with it and usually formulates his opinions accord-ingly. In conclusion, the people are interested in their personal welfare, mentally as well as physically, and do not have the de-. sire for great wealth as their sole ambition. THE JIEUCURY. 15 THE JUNIOR "PROM" SOCIALLY CONSIDERED. CLL consideration of the social significance of the Junior Prom naturally involves a taking into account the general social life of the college community. For it is obvious that the character and tone of this annual function must, to a large extent, be determined by the social life as it is developed throughout the year. And since the Junior Prom is just in its infancy,—in its formative period,—this pa-per shall be both critical and suggestive. The social life of our college seems to be the characteristic so-cial life of colleges in general. It is very different from the so-cial life that existed in earlier years of the college. New condi-tions in the social structure at large, together with the increased number of students, have all contributed to the existent social status in the college community. The present exclusive tenden-cies in modern family life, unknown to our forefathers, cannot fail to produce like tendencies among a body of students; the social product developed in our college is, in short, but an out-growth of the existing trend of home life. Though the number of students in any one college is really small, when compared with the number enrolled in a modern university, yet it has grown so that no longer can the authorities of even the small college boast that theirs is the privilege of easily acting in loco parentis, and of forming with the student body a well regulated family. Instead of one united family, thoroughly democratic in its workings and with a reasonably common purpose and as-piration, the student body has been organized by the fraternity into many little families, each with its distinctive membership making of paramount importance the promotion of its own inter-ests and those of its individual members. The college authori-ties have, in other words, failed to meet new conditions by their failure to provide a sane and invigorating college family atmos-phere for the student to grow in, and it should not be surprising, therefore, that the students have themselves provided their own substitute, inferior though it may be. The fraternity is not lacking in provsions for the diversion of 16 THE MERCURY. its members. Numerous social events are held during the year, and occasionally an inter-fraternity function is arranged. Be-tween the members of this organized portion of the student body, who are thus frequently brought together, there naturally is formed a rather strong attachment. But how about the unorga-nized portion, which is comprised, for any one of several reasons, of the men whom the fraternity has not attracted? The social opportunities of most of these men are not only more limited, they are also more individualistic. That there should be a cer-tain divergence, therefore, between the fraternity and non-fra-ternity element is not to be wondered at. The Junior Prom is a step in the direction of preventing this divergence. Every element in the student body is to be repre-sented as far as possible on a common basis. The possibilities of general good fellowship are on this occasion to be fully pre-sented and fostered. Men who are seldom to be found in com-pany of their fellows in a purely social way are to find in the Junior Prom an opportunity of seeing what such commingling means for a man and for the community. Men to whom this is not a new experience are to find pleasure in assisting the unini-tiated over the stony places. The realization of all this could not, of course, be expected in the two times in which the Junior Prom has been held. Indeed it may require several more years to accomplish the desired re-sults. It seems very apparent, however, that tendencies point in the right direction. Last year's Prom marked an improvement over the first, in that dancing was not the exclusive feature of the occasion. Provision was made, though not of a sufficiently definite and attractive character, for those who do not dance. This is not passing judgment upon dancing as a means of di-version; it does mean to imply, however, that to allow dancing or any other form of diversion to become the exclusive feature of a social event indicates a distortion that cannot fail to prove exceedingly narrowing. It implies, too, that it is altogether un-fair to expect those who do not dance to attend an affair which provides definitely only for those who do dance, and which gives dancing such predominant or exclusive place that real com-mingling is impossible. Dancing has become such a mighty factor in the social life of young people everywhere that it is not THE MERCUttY. 17 surprising that it has gained a considerable foothold in our col-leges, but to permit it to have the ascendency at an event, such as the Junior Prom, which contemplates the presence of a large number who do not dance, shows great inconsiderateness and means the blasting of the real significance of the Prom. The far-reaching influence of the Junior Prom, properly regu-lated, can hardly be appreciated at this early stage in its evolu-tion, but to behold its possibilities along the lines indicated should be sufficient to impel us to assist in its proper develop-ment. A. ± A BIOGRAPHY OF SCHILLER. MISS- MARY BAUSCH, '11. JOHANJST Christoph Frederick Schiller was born at Mar-bach, in Wurtemburg, Germany, Nov. 10, 1759. He was the only son of Johann Casper Schiller, an officer in the Wurtemburg army, who held an inferior position in the Duke of Wurtemburg's household. The elder Schiller is was a man of great strength of character. To him Schiller is indebted for his firm and positive traits. His mother, Elizabeth Dorothea Kodweis, the daughter of an innkeeper at Marbach, was just the opposite of her husband in temperament, of strong yet gentle demeanor, full of simple charm and wisdom. We can see deep traces of this mother's sweetness and gentleness in the life of the gifted poet. Schiller did not find it easy to choose a profession. He first attended school at the village of Loech, where influenced by Par-son Moser, his teacher, he prepared himself for the clerical pro-fession. These plans were thwarted by the Duke of Wurtem-burg. He next entered the public school at Ludwigsburg. At the age of fourteen, he became a student at the military academy near Solitude Park, Ludwigsburg, the Duke wishing to have his services for the state. There he pursued the study of law, which was very repugnant to him. After two years had passed he 18 THE MERC PET. gave this up, and began the study of medicine, and was subse-quently appointed regimental surgeon. During this time, however, he was engaged in. the study of lit- 'erature. He was especially fond of the classics and became very proficient in Greek. His knowledge of Greek philosophy is ap-parent in his writings. His first work of note, "The Eobbers," he completed before he was twenty-two years old. Schiller pro-tested in this work against the restraints which he felt the Duke had unjustly forced upon him. Fearing the Duke whose wrath he had thus kindled, he fled to Mannheim. There he passed through many hardships, one reverse of fortune followed an-other. But still he continued to write. Schiller's first play in verse was "Don Carlos,'"' which was pre-sented at Hamburg in August, 1787. The Duke of Weimar, whose interest had been aroused in the young poet, made him one of the counsellors of his court. Upon his arrival at Weimar, Schiller was introduced to Goethe. This acquaintance subse-quently ripened into a close friendship. Early in December, 1788, Schiller's "History of the Eevolt of the Netherlands" was published. This work brought the best results, financially, which he had yet received. It not only had a rapid sale but it aroused the attention of the intellectual world. Through the influence of Goethe, he was offered a professorship in history at the University of Jena which after some hesitation he accepted. On Feb. 22, 1790, he was married to Charlotte von Lengefeld, a most admirable woman who aided him greatly in his life work. A very busy life opened to Schiller while at Jena. It was not unusual for him to spend fourteen hours daily in lecturing and writing. But the strain of such heavy work was too great for a man so delicately constituted as Schiller. A dangerous pulmonary dis-ease overtook him so that he was forced to give up his position as instructor in the university. Then through a generous gift he was enabled to revisit Wurtemburg, where he remained almost a year. In May 1794, he returned to Jena much improved in health although never again entirely well. The period between 1796 and 1800 was especially rich in lyrical productions, of which "Der Taucher," and "Das Leid von THE MERCURY. 1$ der Glocke " aTe prominent. The latter has been considered the best known of Schiller's poems. It deals with the most dra-matic events in the life of man. His great works, "Wallenstein" and "Maria Stuart" followed in close succession. Next came "Die Jungfrau von Orleans" in 1801, "Die Brant von Messina" in 1803, and "Wilhelm Tell," the last and perhaps greatest of his works, in 1801:. In this last great tragedy, Schil-ler portrays with wonderful power the Swiss resistance to tyr-anny. He causes the leader, Wilhelm Tell to stand elevated as a national hero. In all his writings, Schiller's love of liberty and hatred of despotism is manifest, but in none so much as in Wilhelm Tell. Schiller had now reached the zenith of his glory. His man-ners and appearance had improved. The timidity and conscious-ness of youth was replaced by the dignity and ease of more ma-ture years. He was overwhelmed with public honors and enthu-siastically received everywhere he went. But alas, when prosperity and fame seemed permanently se-cured to him, the dread disease which had undermined his health again overtook him. He endured this last trouble with great fortitude; though he had to pass through many trials yet his spirit seemed as it were to soar above them all. He continued to work until at last, his weakened powers being overcome, he passed away on May 9,, 1805, at the age of forty-five. The news, of his death brought universal grief to Germany. 20 TKE MEKCURY. CULTURE'S DISTRESSING FOE. G. E. WOLFE, '09. UST as men err in making happiness a distinct end, so do they err by putting culture in a similar position. And just as they deceive themselves by trying to pro-cure happiness as they would some commodity, so they deceive themselves by like attempts to gain culture. Life would indeed be a barren thing, if it were not enriched by our capacity for happiness and culture, but it is worse than barren where there is a false conception of these enrichments. That culture should be perverted to such an extent that men would make it a fad, seems almost inconceivable, yet that is what the intellectually curious and the socially idle made it some twenty years ago. What abhorrence must have been aroused in all who possessed true cultural instincts! For a fad is always a sham—a gross perversion—and a sham in the world of art ox-literature begets a peculiar offensiveness and hatred. The short-cut, superficial methods employed in pursuing this culture fad must have been entirely detestable to all serious-minded and sin-cere people. Could it be otherwise, with genuine culture possess-ing the rich qualities of ripeness and maturity in taste, intellect and culture ? How crude and defective the sham in the presence of the real! But this perversion, while more pronounced at certain periods, lias not been confined to one or two decades. Haste and arti-ficiality have always been employed by men, in their eagerness to possess the charming ripeness and greatness of soul which mark the truly cultured man. Recent years, however, have de-veloped a new condition, the recognition of which requires no unusual insight. There has developed a foe to culture which is distressing, not simply because it is aiming at culture by per-verse methods, but because it is entirely at variance with true cul-ture and lias so widely disseminated its influence that one may rightly inquire whether the true cultural instinct will not even-tually be quenched on account of it. "Smartness" is not a modern product by any means, but never has it captivated a people as it has the present generation; never THE MERCURY 21 has it held such predominant sway. Strictly speaking this spirit belongs to the world of mediocrity, but so important has it be-come that it claims recognition as the "real thing" from alL We have our so-called "smart sets," but the spirit of smartness in these days finds fruitful soil among all classes—as well among the wealthy as among the not-rich, as well among the intelligent as among the unlettered. And it is this, we believe, that today constitutes culture's distressing foe: it is this that makes impera-tive the loud calls, "Let Us Go Back"—in the direction of "The Simple Life." Not that there are no more who possess true culture, or who are eager to possess it. There are such indeed, but so effectually has the "sporty" microbe been doing its work in the rising gen-eration, that quiet people have well-nigh been driven to despera-tion, those with undeveloped cultural instincts have been tainted or entirely diverted and others never get a desire for cultural pursuit at all. One does not have to be a pessimist to be conscious of the fact that it is the fashion for everybody to be gay; that we are all called upon to persevere in a gala atmosphere. From the ex-treme solemnity of bearing that characterized our forefathers we have swung clear to the opposite extreme. It is impossible not to come in contact constantly with the cheap jargon that is everywhere afloat; with the lightness, cyni-cism and insinuation of immoral sentiment which marks the con-versation of popular young people. Fashionable clothes and jaunty manners never played as prominent a role as today. Plain, unassuming people, to whom this pertness and super-, ciliousness is extremely repulsive, are wondering when there will \ be a reaction toward the sane and rational. Surely the reaction-must come, and parents and educators have no more important duty before them than to seek to obliterate this spirit of sm^rt-. ness. THE MEECUEY. THE ECONOMIC ASPECTS OF THE LINCOLN ROAD. G. L. KIEFFEK, '09. JJST order to consider this subject properly, we must first inquire into the nature of the proposed "road." There-fore, briefly, "The Lincoln Eoad" is a proposed na-tional memorial to Abraham Lincoln. The "road" is to be a grand boulevard joining Washington, D. C, with Gettysburg, Pa. Its two hundred feet of width are to be occupied by green-sward plots, hedges, and trees, a speedway for automobiles, a driveway for carriages and wagons, two double-tracked electric railways, the one for express trains and the other for local trains. The very nature of the proposed "road" declares that it shall be equally open to both the rich and the poor. This being true it will be the means of bringing to Gettysburg, for at least a day, many of the hundreds of thousands of tourists that annually visit Washington. Hence with all this traffic, the very "road" itself might become an economic asset to the United States gov-ernment. To accommodate these people appropriate hotels would have to be maintained in Gettysburg. The present hotels and restau-rants would have to be renovated and enlarged. New ones also would have to be erected. A higher standard would be the order of the day for all Gettysburg hotels when official Washing-ton would be in the habit of paying them a visit at almost any hour. To meet this increase of business occasioned by the influx of people, Gettysburg herself would have to grow and increase the number of and enlarge all her business places in whatever line they might be. Naturally all property in Gettysburg would increase in value as would also all the property along the "road" from Washington to Gettysburg. To compete with the travelling facilities which would be af-forded by the proposed "road," the facilities of the present rail-roads would have to be bettered and new roads would be built— both electric and steam. All eyes would naturally be turned towards Gettysburg, which THE MERCURY. 23 with its historic surroundings, beautiful scenery, and medicinal springs, would naturally be expected to become the greatest sum-mer resort in the United States. The character and number of tourists would necessitate gov-ernment control of all guides. Thereby would undoubtedly be obliterated the blot of blots found upon the world. With gov-ernment control of all guides the tourists would be guaranteed just and equal treatment. For the guides themselves, better days would result. To Gettysburg's educational institutions would come greater publicity and a better appreciation of these institutions' rare sur-roundings. The result would naturally be manifested by an in-crease in the student bodies and an enlargement of the institu-tions themselves. All this resulting from the proposed "Lincoln Way?" Yes, more. With it connected to Gov. Stuart's proposed highway from Philadelphia to Pittsburg, "The Lincoln Way" naturally would become the backbone of a national highway system extend-ing all over the country. Then would all roads lead to Gettys-burg, which would be, in fact, the shrine of American patriotism, the Mecca for all Americans. THE "INDIAN STEPS." E. C. STOUFFER, '11. HE immense dam of McCalPs Ferry Power Company is nearing completion. As a result the slowly rising waters of the Susquehanna river are gradually cover-ing up one of the oldest and most noted landmarks of south-eastern Pennsylvania. The old "Indian Steps" are artificial shelves, cut no doubt, by means of stone hatchets into the face of a large round-pointed rock, which juts out from the west bank of the Susquehanna river. They were cut by the North American Indians possibly centuries before the discovery of America. These steps were used by the dusky inhabitants as a place on which to stand and dip the shad as they crossed the rapids on their annual journey 24 THE MERCURY. to the spawning grounds in the upper Susquehanna. Since the settlement of the country the white man has for generations used them for the same purpose. So far-famed were these steps that the Indians from the North, South, East and West came here to fish. Only the strong, vigorous and daring could fish from this rock for only such were able to endure the chill damp night winds which frequent the lower Susquehanna. As each contestant ap-peared a chalk mark or number was placed on his hat to desig-nate his turn. When his name was called he took his place, tied himself to a ring in the rock and cast the net. Each one was ■compelled to take his catch and be content. If there were a goodly number of shad, all was well; but if it proved to be a small catch he had to go away heavy hearted and take his place in the waiting line again. Year after year from these rocks hundreds of these daintiest ■of all fishes have been caught, some to grace the humble board of ■a poor riverman, some to please the fastidious taste of a city epicurean. The land around the "Indian Steps" was originally occupied by the Conestoga Indians and was preserved for them by the first proprietors of the state. Even Maryland, which was attempting to push her lines farther and farther north, respected the rights of the natives and made no attempt to appropriate this section. 'The land was held for the Indians until August 26, 1786, when a deed was granted to Joseph Eeed on condition that the "Indian Steps" should be preserved for a fishing place for the poor of the community. This charge has been faithfully kept until now. A few months more and the old landmark will have passed away and forever this curious specimen of Indian art will be lost to Pennsylvania. THE MERCURY. 25 THE INVESTIGATION OF THE FARMER; WHAT IT IS LIKELY TO BE WORTH. MISS HELEN H. BRENNEMAN, '08. EVEEAL months ago when President Roosevelt ap-pointed a committee to investigate the condition of the farmers throughout the country, it provoked quite a little amusement on the part of some people, while on the part of others it aroused sarcasm and anger. Many people regarded the President as a "busy-body" and failed to recognize the real aim in his interest in the farmers' condition. Never before has there been a man at the head of the nation with such broad and liberal views and one who has put forth such strenuous efforts in behalf of all kinds and classes of peo-ple. And it was such a motive that prompted him to take this action. The scope of this committee's work is not to ascertain the technical methods of farming and to inquire into personal matters, but to find out what are the general sanitary, social, educational and economic conditions of country life, to find out what is needed, what improvements can be effected, and in what way the government can help them. The commission was confronted with a task not only wide in its scope but comprising a large territory, and many people were to be dealt with. The President suggested that the farmers be called together in convenient meeting places for discussions, and that the members of the commission try to get in the closest touch possible with them and find out their needs. The commission has sent out circulars to professional men, business men, farmers and many others. These circulars con-tain a list of twelve questions with respect to the public schools in the vicinity and their efficiency; whether the farmers get rea-sonable returns from the sale of their products; whether they have good railroads, highway, telephone and rural postal service-accommodations ; whether there is a sufficient supply of labor in the neighborhood. These questions show what the commission are seeking to find out. It is their desire not only to ascertain the conditions but to get opinions and suggestions as to what needs to be done. Now the question arises, "What is the investigation likely to 26 THE MERCURY. be worth ?" In the first place it is very evident that almost the entire success depends upon the attitude of the people. If they continue to take it as a joke or with a feeling of animosity, cer-tainly the progress of the commisison's work is going to be checked and its ultimate success doubtful. However Dr. Bailey of Cornell University, the chairman of the commission, says that the public interest is increasing as the people come to under-stand the commission and its work. These words are encourag-ing and indicative of a very likely success. If this investigation is going to amount to anything, there must be co-operation of the people, especially of the farmers for whose benefit these efforts are being exerted. In a recent mes-sage to the commission the President said, "It is esssential that the farmers, the men who live on the soil should feel a sense of the ownership in this commisison, should feel that you gentle-men in very truth represent them and are responsive to their de-sires, no less than to their needs." If this committee receives the support of the people, it should effect some good results. There is a larger percentage of per-sons engaged in agricultural pursuits than in any other occupa-tion and it is only just that more attention should be given to their needs. The demands for better highways, better railway and trolley service are being universally agitated, and surely the commis-sion will concentrate, its efforts towards their accomplishment thus increasing the facilities of the farmer for better profits. At the Farmers' Convention held in Madison last October scientific crop raising and the need of teaching agriculture in the schools were among the principal topics approved by that orga-nization. It is just as essential that agriculture be taught in the rural schools as manual training and trades in the city schools. Here again if such a desire could be met by the gov-ernment it would not only benefit the farmers economically but the nation also. It remains to be seen just what this investigation will amount to, but nevertheless we can surmise that the educational advant-ages in some districts will be improved, that there will be bet-ter facilities for the transaction of business and that the social, educational and economic conditions will be bettered. T H E HERCURV Entered at the Postoffice at Gettysburg as second-class Matter. VOL. XVI GETTYSBURG, PA., DECEMBER, 1908 No. 7 Editor-in-Chief Assistant Editor P. F. BLOOMHARDT, '09 CHARLES F. V. HESSE, '09 Exchange Editor Associate Editors H. REY WOLF, '09 SAMUEL FAUSOLD, '10 Business Manager EDWARD N. FRYE, '10 CHABLES L. KOPP, '09 Advisory Board Ass't Bus. Managers PROF. C. F. SANDERS, A. M. G. U. KNIPPLE, '10 PROF. P. M. BIKLE, PH.D. PAUL S. MILLER, '10 PROF. C. J. GRIMM, PH. D. 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 15 cents. Notice to discontinue sending THE MERCURY to any address must be accompanied by all arrearages. Students, Professors and Alumni are cordially invited to contri-bute. All subscriptions and business matter should be addressed to the Business Manager. Articles for publication should be addressed to the Editor. Address THE MERCURY, GETTYSBURG, PA. such is often the case. EDITORIALS. THE question has often been asked how a small college, with a limited number of students and a corresponding limitation of tal-ent can successfully conduct nearly as many student enter-prises as the larger univeristies— and conduct them, too, in such a way that they frequently rival similar organizations in their larger sister institutions. But Our own college may be taken as suffici- "28 THE MERCURY. ent proof. Our five varieties of athletic teams, our three publi-cations, two literary societies, debating and oratorical teams, musical clubs, and dramatic society, etc., have often been re-spected rivals to similar teams of other and larger schools. But the mere fact of the numbers of these enterprises does not neces-sarily have to affect the quality of the results accomplished. We are inclined to think that men with just as great ability and as large capacity for work are to be found in the smaller college as in the larger ones,—not as many, to be sure, but the ratio is about the same. Furthermore, the smaller college offers oppor-tunities to every one of such calibre, while in the larger schools, •only a comparatively few can take part. LAST year Gettysburg was disappointed in not being enter-tained by her dramatic society, the Mask and Wig. Presumably this was due to the lack of time for rehearsals. Nevertheless the loss was felt. This year it has been decided that no musical club trip will be taken. It has been suggested that the time, talent, and energ}', usually devoted to this organization be turned into another channel; that is, into the perfecting of a good play or minstrel show which might be allowed to take a trip, similar to the Triangle Club of Princeton. IN a few days the first term of the present collegiate year will be closed. After an arduous week's work in examinations, the Christmas vacation will be the more appreciated and enjoyed. Its rest and pleasure has been anticipated by all, but especially has it been longed for by the Freshmen. Christmas has been written about so often, and from so many different viewpoints, that little that is new is left to say. To the college student it is a joyous season to be looked forward to, but in its actual enjoy-ment, he no longer thinks of college and its surroundings for it is a vacation season at home. So, with its last issue for 1908, the MERCURY wishes all its readers a Merry Christmas and a Happy New Year. THE MERCURY-. 29 BOOK REVIEWS. INDER the Crust, by Thomas Nelson Page, Phrena. This volume is composed of original stories. Each story has a philosophical side. They were evidently written to stimulate thought and the author has succeeded admirably. One of the stories, "A Brother of Diagones" is especially commenda-ble. In this story, great wealth is pointed out as a stumbling block rather than an aid to happiness. The simple life, too, is contrasted to the hustle and bustle of the metropolis. Other stories of the volume effectively contrast altruism and egoism. The Biography of Thomas Jefferson, by John T. Morse, Phrena. This biography is very impartially written. The au-thor gives us the facts indulging in neither unmerited praise nor criticism. He seems to have an insight into the man's very nature and thus vividly portrays the actions of the statesman both at home and in the blaze of public life. The biography not only enumerates the achievements of Mr. Jefferson with their causes and effects but also those of contemporary statesmen. The biographer shows Mr. Jefferson as a visionary, shrewd politician and a far-sighted statesman. The book is very readable and valuable. Tides of Bamegat, by P. Hopkinson Smith, [Philo 11:6.] This is a book which one can scarcely afford not to read. It presents a very impressive picture of life. It is an account of how one member of a noble and respectable family brought shame and disgrace to the family name There is seen the secret sufferings of the sister through false modesty. Her life would have been made happy indeed, if she had only opened her heart to her lover. It shows how one sister may give advantages and culture to another and instead of receiving gratitude, have her head bowed in shame while the other, seemingly soulless, is not af-fected. There is also brought out the yearning and love of a father for his son whom he has driven from home in a fit of anger for the evil he has done when he refuses to do right. The story is somewhat overdrawn, but otherwise one can find no fault. It is nevertheless very instructive. Although somewhat tedious at times it is generally interesting. The language is clear and wholesome. The Brass Bowl, by Louis Joseph Vance, [Philo, 11:8.] The so THE MEECURY. title of the book is somewhat fanciful as the bowl has practically the least connection with the story. Anyone wishing to read a book for entertainment and recreation will find this romance suited to his purpose as it is very interesting, simple and full of action. The thread of the story seldom breaks and the climax is near the end. The reader will be pleased with the happy ter-mination. No characters are used except those which are neces-sary to the plot. The principal parts are played by persons of high social rank, and they seem to be somewhat magnified. There is no place in the book that is tedious. The narration is clear, animated and well balanced. The language is simple and vigorous. The author has handled 'the plot very well. He shows broadmindedness, independence, the possession of a vivid imagination and a pleasant sense of humor. He has an ac-quaintance with high social life. The reader will be very much pleased with "Mad Maitland's" spirit as he makes his wild flights and also with Miss Sylvia Graeme who comes into Mait-land's life in a very peculiar way. EXCHANGES. JE are glad to have with us again most of our old ex-changes. There are a few that have not arrived yet. We trust that all will soon respond. It seems necessary again to call attention to the con-tent of the MERCURY. The MERCURY, we are trying to make a literary journal, and not a paper combining literary, athletic and the other departments of college activities. The "Gettysbur-gian," our weekly publication, contains the news of the various departments of college life. Among the good things in the "College Student" we would call attention to "Lowell's 'Biglow Papers'" and "Eelation of Diction to Character." The former is a critical essay which brings to notice many interesting facts concerning this import-ant contribution to American literature. The latter shows how the ideals and characteristics of the individual are reflected in hie writings. THE MERCURY. 31 We are glad to welcome "The Thielensian" to our exchanges. In the article entitled "Greek and Eoman Influences" the writer reminds us of some of the beauties of Athens and Borne. The beginning of philosophy was in Greece. Then from the Eomans we can learn the lesson of patriotism. Their motto was, "Dulce et decorum est pro patria mori." The Eomans understood mili-tary matters, and we can also learn much from their sculpture and architecture. "Luther in the Eeformation" is also worthy of perusal. The character sketches of Taft and Bryan in the "Otterbein Aegis" are brief but very interesting. We all admire the teachings and doctrines of Socrates, the great Greek philosopher. He busied himself by trying to teach men the truth, and even though he greatly emphasized truth, he was especially eager that men should become happy and useful citizens. To be a good citizen he regarded the "summum bonum" of the individual's life. Indeed in our present age of political corruption, we can not over-emphasize high ideals of citizenship. "Making an American Citizen" in the'Thiloma-thean Monthly" presents this subject in a forceful manner. The writer gives some qualifications of the ideal American citizen. First, he must exercise the right of franchise. It is not only his right, but his duty, to vote. Secondly, he must vote intelligently and not allow himself to be bribed by a paltry farthing. Again, he must be a doer, and not depend upon party leaders. And lastly he must have strong moral convictions. As to the prob-lem of attaining this ideal, the author says, "If I were to offer a solution of this vital problem, it would be: the continual, untir-ing moral and civic training in home and school." All scholars have more or less knowledge of epic poetry. They all know something of Homer's Iliad and Odyssey, Virgil's Aeneid and Milton's Paradise Lost, but often the epics of less renown are neglected. "The Sketch Book" contains an article entitled "Sita," which tells us of India's epics. The Eamayana and the Mahabharata are India's chief epics. "Sita" is the im-portant character in the Eamayana. She is to the Eamayana what Helen of Troy is to Homer's Ilaid. The article gives a brief summary of the epic and closes with a few ethical com-ments on the character of "Sita." 32 THE MEKCUKT. We wish to comment on two articles in the "Albright Bulle-tin." "The Character of Satan in 'Paradise Lost,'" and "Work; Man's Opportunity." The writer regards Satan as the princi-pal character of the epic, and speaks of him from that stand-point. In the latter essay, we have a very practical exposition on work and its blessings to the individual. Lovers of German literature will find pleasure in reading "Two Representatives of German Epic and Lyric Poetry" in the "Lesbian Herald." Of our High School exchanges, the "Eed and Black" (Read-ing High School) deserves special mention. The departments are well represented and as a whole the paper makes a pleasing appearance. We gratefully acknowledge the usual exchanges. "PXYK iKT2« r>rv. M3VSUT13ER5. There's no pen that gives such all-round satisfaction i Conklin's Self-Filling Fountain Pen. It's the best pen for College Men. When an ordinary fountain pen runs dry in the middle of a word, it means you've got to stop right there, hunt up a rubber squirt gun, fill your pen to overflowing, clean both pen and dropper, wash your hands, and then endeavor as best you can to collect your lost Crescent f'f train of thought. It's different with Filler Jr-l 9 FILLING "THE PEN WITH THE CRESCENT-FILLER" To fill, iust dip it in any ink, press the Crescent-Filler, and the Conklin is filled and ready to write instantly. You can't over-fill it. Hence no inky fingers, no loss of time, no ruffled temper. The feed of the Conklin is No waiting for ink to come—no jerking—no slips, blots. ng dealers handle the Conklin. IE yours does not, order direct. Look tor the Crescent-Filler and refuse substitutes. Prices, $3.00 and up. Send at once (or handsome new catalog. T3E OOHZLIH PEH CO., 31 Itiahattsn Bnildiag, Toledo, Ohio. PATRONIZE OUR ADVERTISERS. FUfOTTUfjE Mattresses, Bed Springs, Iron Beds, Picture Frames; Repair Work done promptly. Under-taking a specialty. - Telephone No. 97. 3=3L ZB_ 23eri-d.ex, 37 Baltimore Si., *-tttt/xhurg;, FA EDGAR C. TAWNEY BAKER West Middle Street. J. B. WINEMAN, DEALER IN CHOICE FAMILY GROCERIES, PROVISIONS AND FRUITS, BOARDING CLUBS A SPECIALTY. SUNDAY SCHOOL LESSON HELPS AND SUPPLIES, P. ANSTADT & SONS, Publishers, Book and Job Printing of all Kinds ttrtte for Prices. YORK, PA. ■> PATRONIZE OUR ADVERTISERS. EMIL ZOTHE ^MEMS ENGRAVER, DESIGNER, AND MANUFACTURING JEWELER 722 Chestnut St., Phila. SPECIALTIES : MASONIC MARKS, SOCIETY BADGES, COLLEGE BUTTONS, PINS, SCARP PINS, STICK PINS AND ATHLETIC PRIZES. All Goods ordered through G. F. Kieffer, CHARLES S. MUMPER, MtKALER MJV TTTTTS "KFTTTTT? 15! PICTURE FRAMES OF ALL SORTS * W *■*" * * *» *fc*Hf REpA|R WORK DONE PROMPTLY I WILL ALSO BUY OR EXCHANGE ANY SECOND-HAND FURNITURE NO. 4 CHAMBERSBURG STREET, GETTYSBURG, PA D. J. SWARTZ DEALER IN COUNTRY PRODUCE, GROCERIES, CIGARS AND TOBACCO. GETTYSBURG. SHOES KEPA1UHI> —BY— 115 Baltimore St., near Court House. GOOD WORK GUARANTEED. -IS-Your Photographer ? If not, why not? 41 BALTIMORE ST., GETTYSBURG, PA. 8EFT0N I FLEMMING'S LIVERY, Baltimore Street, First Square, Gettysburg, -Pa. Competent Guides for all parts of the Battlefield. Arm »» Filbert St. A convenient and homelike place to stay while in the city shopping. An excellent restaurant where good service combines with low prices. ROOMS §1.00 PER DAY AND UP. The only moderate priced hotel of reputation and eonsequenee in > 3Pla.ila.cLe2pla.ISL • » J 1 i SQ *. • • » ,atindry . . OF YORK . . Offers tfte COLLEGE STUDENTS first-dass work; at Special Low Prices. E. C. STOUFEER, Local Agt. C. D. SMITH, Prop. MEANS TASTY WOEK SAEEFULLY DONE. MfcNU CARDS. LETTER HEADS, WINDOW POSTERS ENVELOPES, DANCE CARDS TICKETS, Programs of all kinds. Everything the College Man wants in Paper and Ink. Specially designed work. Latest Effects in Paper, clone in Colors along lines of College Men's Associations. Catalog and Book work. The Gettysburg Compiler will keep old and new students in touch with town and college life. HELP THOSE WHO HELP US. The Intercollegiate Bureau of Academic Costume. Cotrell & Leonard, ALBANY, N. Y. ™2li2^! CAPS AND GOWNS To Utttyi-buri? College Lafayette. Lehigh. Dickinson. State College, Univ of Penn sylviinin, Hnrviird, Yale. Princeton. Wellesley, Bryn Mnwrnnd the others. Class Contracts a Specialty. Correct Hoods i. Degrees. Mr. College Man We are already lining up our clients for nextSpring. With our National Organization of 12 offices we will need over 2000 college men for technical, office, sales aud teaching positions throughout the United States. We can also use at any time college men who are in the market for a position. Let us explain to you NOW. Write for the "College Man's Opportunity." It tells how Hapgoods, a great organization built up by college men has placed many thousand youngmen, has raised the standard of college meu as a business factor throughout the world. State age, education, location desired. THE JV\iTIOJVJIZ, OBGjrjVTZJlTjrOJV OF BIlJlIJV BHOHKBS. Commonwealth Trust Building, Philadelphia, Pa. HOTEL GETTYSBURG, Headquarters for BANQUETS. Electric Lights, Steam Heat, All Conveniences. Free Bus to and from station. Convenient for Commencement Visitors. RATES $2.00 PER DAY. -livery CLi'ta.c'ked. Jot]i] P. JV^tH Proprietor. BECKER & CO., DEALERS IN All kinds of Fresh and Smoked Meats Chambersburg St., Gettysburg, Pa. WE RECOMMEND THESE FIRMS. Established 1867 by Allen Walton. ALLEN K. WALTON, Pres. and Treas. ROBT. J. WALTON, Supt. flummelstown Brown Stone Company, QUARRYMEN and Manufacturers of BUILDING STONE, SAWED FLAGGING and TILE. Wa/l/fcoTwille, ]£)a.-u,pT-vlr\, ^o. Pa. CONTRACTORS FOR ALL KINDS OF CUT STONE WORK. Telegrapn and Express Address, Brownstone, Pa. Parties visit-ing quarries will leave cars at Brownstone Station on the P. & R-R. R. For Artistic Photographs Go To T{PTON The Leader in PHOTO FASHIONS Frames and Passapartouts Made to Order. PATRONISE OUR ADY$RTI$$RS Come and Have a Good Shave or Hair Cut -AT-Harry B. Sefton's BARBER SHOP. 35 Baltimore St. Barber's Supplies a Specialty. Also choice line of Cigars. SHOES REPAIRED —BY— Charles Hartdagen, Middle St., Opp. Court House, GUARANTEE ALL WORK. GETTYSBURG DEPARTMENT STORE, Successors to the L. M. Alleman Hardware Co., Manufacturer's Agent and Jobber of HARDWARE, OILS, PAINTS AND QUEENSWARE, GETTYSBURG, PA. Tb.p only Jobbing House in Adams County. PATRONIZE OUR ADVERTISERS. s * * » ** *»« * ft * «« « «»* ** « « * »* « * * « **«* ***« aa »« « ***** a »*« »* * *** Seligrqciq Are Gettysburg's Most Reliable TAILORS «* And show their appreciation of your patronage by giving- you full value for your money, and closest attention to the wants of every customer. ■ T' ■,f T &.WirX'z?&/&teM$&^.'^*fc?ttvte*&^ Students' Headquarters —FOR— HATS, SHOES, AVD GENT'S FURNISHING. Sole Agent for WALK-OVER SHOE EGBERT'S STORE. Prices Always Right T|e Lutheran PubliGOlioii Society No 1424 Arch Street, PHILADELPHIA, PA. Acknowledged Headquarters for anything and everything in the way of Books for Churches, Colleges, Families and Schools, and literature for Sunday Schools. PLEASE REMEMBER That by sending your orders to us you help build up and develop one of the church in-stitutions with pecuniary ad-vantage to yourself. Address HENRY 8. BONER, Supt
Issue 15.6 of the Review for Religious, 1956. ; Review for Religious ~OVEMBER 15, 1956 Cloister of Congregations . Joseph F. Gallen Zeal for Souls ¯ " c.A. Herbst Sisters' RefreafsIVI . Thomas Dubay The Religious Life . Roman Congregations Book Reviews New Business Address index for 1956 VOLUME XV " No. (5 Ri::VI.I::W FOR RI::::LIGIOUS VOLUME XV NOVEMBER, 19 5 6 NUMBER 6 CONTENTS NEW BUSINESS ADDRESS . 281 CLOISTER OF CONGREGATIONS-~Joseph F. Gallen, 'S.,J 2.8.2. ZEAL FOR SOULS--C. A. Herbst, S.J . 295 SISTERS' RETREATS---VI --- Thomas Dubay, S.M: .3.0.1. GUIDANCE FOR RELIGIOUS . 308 ROMAN CONGREGATIONS AND THE RELIGIOUS LIFE"0 ". 3.09 B(~OK REVIEWS AND ANNOUNCEMENTS-- Editor: Bernard A. Hausmann, S.3. West Baden College West Baden Springs, Indiana . 3~8 INDEX FOR VOLUME XV . 334 REVIEW FOR RELIGIOUS, November, 1956. Vol. XV, No. 6. Published bi-monthly: ,January, March, May, ,July, September, and November, at the College Press, 606 Harrison Street, Topeka, Kansas, by St. Mary's College St. Marys, Kansas, with ecclesiastical approbation. Entered as second class matter, ,January 15, 1942, at the Post Office, Topeka, Kansas, under ~he act of March 3, 1879. Editorial Board: Augustine G. Ellard, S.'j., Gerald Kelly, S.J., Henry Willmering, S.J. Literary Editor: Edwin F. Falteisek, S.J. Publishing rights reserved by REVIEW FOR RELIGIOUS. Permission is hereby granted for quotations of reasonable length, provided due credit be given this review and the author. Subscription price: 3 dollars a year; 50 cents a copy. Printed it. U. S. A. Please send all renewals and new subscriptions to: Review For Religious, 3115 South Grand Boulevard, St. Louis 18, Missouri Our New Business , clress When we were preparing to publish the REVIEW, we arranged to have the College Press, in Topeka, do the printing and distribut-ing. For fifteen years the editors and the College Press have worked together in the closest harmony. We have literally shared both heart-aches and joys. The heartaches were mostly brought about by the difficulties of the war years: for example, as we published each num-be~ we wondered how we would get enough paper for printing the next. The joys consisted, among other things, in getting the REVIEW out regularly and on time, despite the difficulties, and in the realiza-tion that this new apostolate for religious seemed to be appreciated. Please send all renewals and new subscriptions to REVIEW FOR RELIGIOUS 3115 South Grand Boulevard St. Louis 18, Missouri This is our new business address During all these fifteen years, Mr. J. W. Orr, owner of the Col-lege Press, and his assistants, have given the REVIEW the best they had; and that was very good, indeed. But the time has come when we must make new publishing arrangements. The reason for this is purely an "act of God," as far as both the editors and the College Press are concerned. There has been no break in the harmony that has always characterized our collaboration. Fortunately for us, the publishing department of the Queen's Work has agreed to take over the publication of the REVIEW. Be-ginning with the next volume, the RE~rIEW will be printed and dis-tributed by the Queen's Work. Obviously, the new publishers can-~ not wait till the last deadline to begin making addresses and keeping records. For this reason, please note the announcement in the center of this page and follow it exactly. The editors are deeply grateful to the College Press for past col-laboration and to the Queen's Work for taking over the burden. 281 Cloist:er ot: Congrega!:ions ,Joseph F. Gallen, S.J. I. Introduction. All the canons on common cloister apply to all congregations, i. e., institutes of simple vows, whether of men or women, clerical or lay, pontifical or'' diocesan, with the exception of c. 607, which treats of religious women going out of the convent alone. To lessen the complications in this highly detailed matter and to avoid the constant repetition of awkward phrases such as, "those of the opposite sex," the article explains and applies common cloister with reference to congregations of religious women. II. r~tpes of cloister. Papal cloister exists in all orders of men and women. Formerly it existed in the case of women only in mon-asteries of nuns that actually had solemn vows, but this was changed by the apostolic constitution Sponsa Christi.1 Cloister of this type is called papal because it is prescribed by papal ,(canon) law and its violation is punished by papal penalties, i. e., penalties enacted in the Code of Canon Law. Common or episcopal cloister is that imposed by canon law on all religious congregations (institutes of simple vows) of men and women. The name common is due to the fact that this cloister is less strict than papal, especially the papal cloister of nuns. This type of cloister was termed episcopal before .the Code of Canon Law. The same expression is still used, aIthough less frequently, because in the law of the code the local ordinary ex-ercises supervision over the exact observance of common cloister and may enforce its observance with canonical penalties (c. 604, § 3). Statutor~t or disciplinary is cloister insofar as it is prescribed by ¯ the particular Rule and constitutions; active, insofar as it forbids leaving the house; passive, insofar as it forbids the entrance of ex-terns into the cloistered parts; material, the cloistered parts of the house; formal, the laws of the code by which the going out of the religious or the entrance of externs is forbidden and regulated. III. Definition, purpose, obligation. The meaning, of common cloister is that the religious do not leave the house without the per~ mission of the superior according to the constitutions nor regularly receive any person of the other sex in the part of the house reserved for the community. The primary purpose of cloister is the preser-vation of the virtue of chastity. Under this aspect cloister frees the 1. Bouscaren, Canon Law Digest, III, 221-52. 282 CLOISTER OF CONGREGATIONS' religious from many temptations, protects the good name of the institute and of the religious state, and prevents scandals, suspicion, and harmful gossip even among the inquisitorial and hostile. Cloister is also an element of the external or canonical contemplative life. Its purpose under this heading is to develop and intensify a truly prayerful, interior, and spiritual 1ire'by withdrawing the religious from an atmosphere of worldliness and distraction and surround-ing her with one of tranquillity, peace and recollection. Cloister is likewise a habitual exercise of mortification and penance, an aid to the preservation of religious discipline in general, and of conspicuous practical utility for persevering study and labor. The mere statement of these aims reveals the value of a cloister that is intelligently en-acted and faithfully observed both in external action and interior purpose. It must be admitted, however, that the modern apostolate demands that at least very many sisters go out of the cloister more frequently and remain out of it for much longer periods daily than in the past. This age, therefore, requires a rigorously cloistered heart rather than a mere cloistered convent, a soul immutably turned to God in love rather than a mere veiled face, sincere detachment rather than mere walls and locked doors, a true interior life rather than mere external protection, and the double barrier of habitual prayer and mortification rather than the double grille. It is an aged canonical maxim that as the fish is lifeless without water so the monk with-out his monastery. I am of the opinion that we must modernize this venerable figure and demand of the religious an amphibious spiritual life. Common cloister is obligatory from c. 604, § 1, on all congre-gations. The constitutions of some institutes of simple vows give the impression either of error or inaccuracy in stating that cloister is not of obligation. It is true that papal cloister is not of obligation for congregations and that it is stricter than common cloister, but the latter is obligatory on all congregations. Both papal and com-mon cloister exist only in canonically erected formal and non-formal religious houses.2 Cloister does not demand that the institute be the proprietor of the house. Neither papal nor common cloister exists in canonically filial houses, summer villas and vacation houses, houses that are not completely erected materially, a house in which the community is not yet residing, nor in a temporary residence, e. g., a house rented and used while the religious house is being renovated. 2. Cf. cc. 597, § 1; 604, § 1; Berutti, De Religiosis, 268; Vromant, De Personis, n. 429. 283 JOSEPH F. ~ALLEN Review for Religious Cloister begins as soon as the community has taken up residence in a canonically erected house, but the precise moment is determined by the higher superior when such residence is begun, gradually. From custom or the enactments of the general chapter or higher superiors, the regulations of common cloister will and should be observed also in filial houses, temporary residences, and even more strictly in vaca-tion houses. IV. Cloistered parts of the house. The parts of the house des-tined for the exclusive use of the religious are those that are to be placed within common cloister. In constitutions approved by the Holy See, these ordinarily are the cells or dormitories, the infirmary, and the refectory. The community room, kitchen, and pantry are sometimes placed within cloister. The cloistered parts of the house are usually determined in the constitutions of sisters. Added deter-minations, the settlement of doubtful cases, the determination of the parts to be cloistered when these are not designated in the con-stitutions, from analogy with c. 597, § 3, appertain to. higher su-periors and the general chapter. The same authorities have the right of changing the boundaries of cloister permanently, except those determined in the constitutions, and may change also these tempor-arily. A proportionate reason is required for either change. V. Doors and locks of cloister. The constitutions of some con-gregations of sisters contain the enactment that the convent doors are to be locked at night and the keys given to the superior. This en-actment undoubtedly has its origin in the norm for the papal cloister of nuns: "The keys of the cloister shall be in the hands of the su-perioress night and day; and she shall give them to certain desig-nated nuns when there is need.''3 Frequently enough the constitu-tions of nuns add to this norm by prescribing that the cloister doors are to have two distinct locks, and these may also be supplemented by bolts and bars. Some orders also command that at night the keys of the two distinct locks are to be put into a box, which it-self is secured by two distinct locks. The keys of the" latter are to be given to two nuns, so that the presence of both is required to open the box. The minimum requisite of such enactments is exit doors that can be opened from the inside only by a key. I believe that a com-petent and conscientious American fire inspector would be apt to object to such exit doors. Building and fire prevention codes and practices in the United States appertain especially to local civil or- 3. Bouscaren, Canon Law Digest, I, 319. 284 November, 1956 CLOISTER OF CONGREGATIONS dinance and authority, and it would be prudent to consult these in the present question. The National Fire Protection Ass6ciation states that its standards ". are widely used by law enforcing authOrities in addition to their general use as gu!des to fire safety.TM In its pamphl~t, Building Exits Code, this association states: "All doors used in connection with exits shall be so arranged as to be always readily opened from the side from which egress is made. Locks, if provided, shall not require a key to operate from the inside~ Latches or other releasing device~ to 6pen doors shall .be of simple types, the method of operation of which is obvious even in darkness.''6 This standard is not specifically hplSlied to such residences as convents or religious houses in general, but it is extended to very similar resi-dences, e. g., apartment houses, which are defined as ". residence buildings providin~ sleeping accommodations for 20 or more per-sons, such as cbnventiorial apartments, tenement houses, lodging houses, dormitories, multi-family, houses, etc.''6 VI. Admission only of the male sex forbidden (c. 604, § 1). By the code, only the entrance of those of the'opposite sex into the cloistered parts is forbidden. Insofar as the entrance of the same sex-is prohibited in any congregation, the obligation is merely of the constitutions. Both the purpose of cloister and ordinary charity demand that even the same sex should not be admitted in a way that would unreasonably disturb the work, recollection, and. espe-cially the privacy of the religious. VII. Exemptions from the prohibition of entrance (cc. 604, § 1; 600; 598, § 2). Can. 604, § 1, extends to common cloister the exemptions given for papal cloister in cc. 600 and 598, § 2, Since these exemptions were enacted for papal cloister, they are not. inl~er~ preted entirely in the same sense when applied to common cloister. Those exempted by cc. 600 and 598, § 2 are: 1. The local ordinary or his delegate for the canonical oisitation. It is sufficient for his examination of the cloister that he be accom-panied by sisters, either two or one, preferably the superior. 2. Priests to administer the sacraments or to assist the dying. For a just and reasonable cause, any man or.boy may be admitted into common.~ loister. The administration of any sacrament and the assistance of .the .dying are evidently just causes, and therefore any priest, may be. admitted into common .cloister for these reasons. "4. Building Exits ~6~ (Boston: National Fire'Protection Association, 12th ed., 1952, reprinted 1955), back of front cover. ." "- ¯ ~ 5. Ibid., n~ 50'3 .r.," ~.:", " : . . ; ~'~ ~, ~ '~ , 6. Ibid., nn. 2800, 2812. 28.5 JOSEPH F. GALLEN Review for Religious 3. Those who hold the supreme power in the state, with their wines and retinue, and cardinalL with their retinue. This exemption isnot too prattical, and. for that reas6n is omitted in many constitu-tionsi While actually in power, even if not Catholics, kings, em-perors, presidents.of republics, the governors of our states with their wives and retinue, and cardinals with their retinu~ may enter the cloister in ahy country, even outside their own country or state. This exerription does not apply to those Who have been elected to but have not a~ yet entered on the office of supreme power, nor to persons who held supreme power in the past but do not hold it now, nor to cabinet members, senators, and congressmen. The dignity of all of these, however, would be a sufficient reason for their admission into" Common"cloister. A wife in the sense of this canon is one who is commonly held as such,' even though the marriage is invalid, e. g., because of a previous marriage. She and her. retinue may be ad-mi_ tted into the common cloister of men (c. 598, § 2). The same is true of a woman who holds,the supreme power in the state, with her .retinue. The code does .not forbid the entrance of a woman into the common cloister of religious women. 4. The superior may, with proper precautions, admit doctors, surgeons,, and others whose services are neCessar~j. There is evidently a just and teasonable cause fbr the admission of all of these. 5. Others mdy be admitted for a just and reasonable cause in the judgment of the superior, the proper'l~recautions always being ob-served (c. 604, § 1). This legislation is directly on common cloister and gives the general norm for the admission of men and boys iiato the common cloister of women. It is a sufficient norm in itself; and it is very difficult'to.see the .utility of the code's extension of cc. 600 and" 598, § 2, as enumerated above, to common cloister. There is obviously a just and reasonable cause for the admission of all of those listed above from these two canons. The proper precautions may be determined in ~the constitutions. If not,- it "is sufficient thata sister, preferably the local superior or an official, accompany any man admitted to the cloister. This is also true of a priest hdmitted for the confessions of'the sick. It is sometimes specified that the door of 'the room is to be left open while the confession is being heard. This is not always possible because of the smallness bf the room and of the adjoining corridor. No one of the. opposite sex should be .permitted to remain in the cloister longer than is necessary. Men or boys may be admitted into the common clbister of wo- 286 November, CLOISTER Ol~ CONGRI~GATIbNS the house. sister m. ay Permission ticular, or the code. men for a just and reasonable cause, which is less than a serious or grave cause. Therefore, a father, brother, or close male relative may be permitted to enter the infirmary to see a sister who is ill. Greater rea-sons, such as the.preceding and the administration of the sacraments, should be required for admission into a section devoted to the dor-mitories or cells of the sisters than into other parts of the cloister. Lesser reasons are sufficient for the admission of women and girls into the cloister when their entrance is forbidden by~ the constitutions. Particular constitutions may licitly demand more serious reasons than those required by the code for the admission of men and those commonly demanded for the admission of women. All superiors are competent to permit entrance into the cloister. 6. Male professors. According to the modern practice of the Sacred Congregation of Religious, neither the constitutions nor the custom of the instit.ute is to permit the admission of lay male pro-fessors into the cloister for the instruction of the sisters in letters or arts. When judged really necessary and not opposed b~; the local ordinary, such instructors are to teach in places outside the cloister. The mother general is to determine the precautions .necessary to avoid all danger and suspicion.7 ¯ VIII. Going out of the conoent (c. 606, § 1). Canon law does not forbid sisters to leave the house withotit the permission of su-periors but presupposes that this prohibition is contained in the con-stitutions; and in c. 606, § 1 obliges superiors to take care that the constitutions are exactly, observed with regard to subjects leaving By the law of the constitutions and universal usage, no leave the convent without the permission of the superior. may be explicit, implicit, tacit, reasonably presumed,, par-general. A violation is only of the constitutions, nQt of In the law of common cloister as understood in the code and generally practiced, sisters are permitted to leave the convent for any reasonable cause, e. g., for anything that is necessary, useful, or con-ducive to the special purpose and works of the cgngregation, for medical and dental care, spiritual reasons such as going to con~fession, for shopping, for reasonable recreation such as a walk, for works of charity such as attendance at funerals and the visiting of bereaved families, of sick, sisters, women, and children, and for reasons de-manded .by ordinaiy courtesy and politeness. They should not be permitted to go.out for reasons that are idle, u.nbscomin~,, harmful to the religious spirit, or illicit . 7. Cf. Norraae of 190l, n. 173. JOSEPH F~ GA.iLEN Regigto ttor Religious Law is .a reasonable norm of conduct; and therefore the request to go out, even for such a spiritual purpose as confession, should be reasonable. Furthermore, in granting the right "of approaching an occasional confessor, canon law gives no exemption whatever from religious discipline. It is unreasonable to expect permission to leave ~he convent,, especially if this is frequent or habitual, to go to a con-fessor who lives at a notable distance, when appreciable exigense would be necessary, or when the sister would to any degree have to be ex-cused from her assigned work. ~. There is no doubt that a congregation, may have a stricter com-mon cloister than that demanded by the code and that cloister con-tributes to freedom from temptation, dangers of the world, and'dis-tractions, and tends to foster a real interior life. Cloister, however, should not be obstructive of the special purpose of the institute nor such as to induce an artificial, inconsistent, or formalistic observance. Everything in an institute should be in agreement with and subordin-ated to its purpose. Some congregations were founded in an age that could not conceive a religious woman without papal cloister. Others took papal cloister as a fairly close model for the norms of their own constitutions. In congregations cloister should be capable of:.!unstrained observance within the framework of the purpose, works, and ordinary daily lives of the rellgiou's. The local superior gives permission to leave' the 'conven(, except for the cases that in some institutes are reserved'to higher Superiors by the constitutions or custom. The constitutions frequently forbid Sisters to visit private homes, and especially to eat or drink in them Without special permission. In a few institutes, this permission is r~served to higher superiors. Some constitutions specify that the permission of the local superior is sufficient to visit hoUses of the congregation in the vicinity, but a few demand tpheerm ~ "s s"ton of the fi~'gher superior. Constitutions quite often prescribe that a sister must 15~iVe another sister as companion when going to a do~t0ro~ dentist fo~'treatment.'There is also a frequent piohibition aga.in~t visiting house~ of priests without necessity, permission, and a sister com-p'~ inion~ '-'," ' . ~" It'i~ould be advisable to consider the temper, ing. of" the prohi-l~ itiona~ainst eating and drinking in private homes With"~egard to the occasions when a light lunch or hot or cold dri~{I~ could not b'e ~efused without' appearing discourteous and impolitel There can be 'n(~
Acknowledgments -- Map of Southern Europe -- Introduction: Southern Europe and the making of a global revolutionary South -- Conspiracy and military careers in the Napoleonic Wars -- Pronunciamentos and the military origins of the revolutions -- Civil wars: armies, guerrilla warfare and mobilization in the rural world -- National wars of liberation and the end of the revolutionary experiences -- Crossing the Mediterranean: volunteers, mercenaries, refugees -- Re-conceiving territories: the revolutions as territorial crises -- Electing parliamentary assemblies -- Petitioning in the name of the constitution -- Shaping public opinion -- Taking control of public space -- A counterrevolutionary public sphere? The popular culture of absolutism -- Christianity against despotism -- A revolution within the Church -- Epilogue: Unfinished business. The Age of Revolutions after the 1820s -- Chronology -- Bibliography -- Index.
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"Reassessing the developing world through the lens of Europe's past. Today's developing nations emerged from the rubble of the Second World War. Only a handful of these countries have subsequently attained a level of prosperity and security comparable to that of the advanced industrial world. The implication is clear: those who study the developing world in order to learn how development can be achieved lack the data to do so. In The Development Dilemma, Robert Bates responds to this challenge by turning to history, focusing on England and France. By the end of the eighteenth century, England stood poised to enter "the great transformation." France by contrast verged on state failure, and life and property were insecure. Probing the histories of these countries, Bates uncovers a powerful tension between prosperity and security: both may be necessary for development, he argues, but efforts to achieve the one threaten the achievement of the other. A fundamental tension pervades the political economy of development. Bates also argues that while the creation of a central hierarchy-a state-may be necessary to the achievement of development, it is not sufficient. What matters is how the power of the state is used. France and England teach us that in some settings the seizure and redistribution of wealth-not its safeguarding and fostering-is a winning political strategy. These countries also suggest the features that mark those settings-features that appear in nations throughout the developing world. Returning to the present, Bates applies these insights to the world today."--Provided by publisher
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Previously posted on May 10/22 and Jan 30/23 Kissinger in Washington, May 7, 2022Henry Kissinger will be one hundred years old in a few weeks and has published five books since he turned ninety. Along with President Nixon, he futilely prolonged and escalated the Vietnam War for four years when defeat was already inevitable. But he also received the Nobel Peace Prize precisely for negotiating the ceasefire for that same war. His doctrine also has these two faces. On the one hand, he conceives international politics as the interaction between states seeking power. On the other hand, he favors the balance of powers so that no one is able to fully impose its dominance on the others. In the academic literature, Kissinger's approach is called "realism" and is widely accepted. The main alternative is the so-called "liberal" approach, which trusts in the ability of institutions to prevent wars and keep peace. From there arose the League of Nations, which failed, and the United Nations and its specialized organizations, which have had significant success on many issues, but are also currently showing their insufficiency. The most accurate postulate of the realists is that the world is more peaceful when there are multiple powers than when there are only two, as in the Cold War, or a single super-dominant one, as seemed to be the case with the United States after the dissolution of the Soviet Union. The success of the formula requires that the multilateral equilibrium could only be overthrown by an effort of a magnitude too difficult to mount. As a historical example, Kissinger has analyzed and praised the so-called Concert of Europe that was formed, after the defeat of Napoleon's France, by Great Britain, Russia, Prussia, Austria, and also recovered France. According to his interpretation, the Concert "came close to constituting the government of Europe" and achieved a long period without European-wide wars. The balance was upset by the unification of Germany at the end of the 19th century and its consequent aggressive expansionism, which led to the absurd and catastrophic First World War. Taking a similar approach, Kissinger continues to praise the construction of the European Union, which has prevented new general wars on the continent. During his time in government, the biggest concern was that communism would end up dominating the world according to the domino theory, whereby the fall of a piece like Indochina would be followed by Burma and Thailand, as well as Indonesia (which, in fact, was very close), and from there, India, Japan, the Middle East... That's why the Vietnam war extended to Laos and Cambodia. But this is also the reason for the diplomatic opening to China, to break the Sino-Soviet bloc and achieve a certain multilateral balance. The current interest of the discussion is that the role of the United States as the only superpower may be less exclusive and exclusionary than it seemed. A version of political realism in academia tends to analyze international relations "after hegemony" as a ground for "anarchy", that is, destructive conflicts and wars. However, the changes around the Ukrainian war can be read as a new opportunity for multilateral cooperation. The United States has the initiative and many economic and military resources, but, paradoxically, it may have a good opportunity to expand pluralism. In the new situation of divided government between the Presidency and Congress, the most ambitious projects in domestic policy are paralyzed, so Joe Biden can focus on foreign policy, where he has more power, and expand multilateral cooperation. The European Union is beginning to develop, for the first time, a spirited common international policy, in contrast to the dissent during the Iraq war, when the governments of Britain and Spain were on one side and those of France and Germany on the other. The rulers of China and India, which are rivals to each other, have told Russia that the world is not ready for war. This configuration with more than three major powers points to a balance of powers capable of avoiding polarization, since, otherwise, a coalition of two-to-one preludes conflict. Specifically, the Group of Seven, which is the nucleus of a latent world government, needs to work more closely with some members of the Group of Twenty, which includes India and China, so that its decisions are widely accepted and effective. Negotiations between the US and the EU for the Transatlantic Trade and Investment Partnership (TTIP), in which substantive agreements had been reached, were paralyzed by Trump, and could now be revived. The Trans-Pacific Agreement for Economic Cooperation was also abandoned by Trump, but the other eleven initial countries went ahead on their own and ended up signing the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), to which China has presented its candidacy. Many in the United States are clamoring for re-entry in what had been its own initiative. And after the war in Ukraine, a new international structure will have to be defined, especially for Central and Eastern Europe, in which, as Kissinger said in a recent interview, "Russia should find a place." Realism shows that the seeking for power explains many things, and the balance of power can prevent a general war. But when there is neither a single dominant power nor a confrontation between two, "liberal" rules and institutions may be the best mechanism for peace and multilateral cooperation.Also in Spanish in the daily La Vanguardia-click While President Biden is not clear, and sometimes he is confusing about how the war in Ukraine could end, some other voices in Washington can speak and suggest more clearly. Several of them did it a few days ago at the Financial Times Weekend Festival, which was held, for the first time outside England, at the Kennedy Center for the Performing Arts in Washington.The first surprisingly constructive intervention was from William J. Burns, the current CIA Director. Just a year ago, he came from retirement after a long career as a diplomat, and as such, in his presentation, the conversation with an FT journalist, and the dialogue with the audience, he showed a broader vision than the usual spies. When he was Ambassador in Boris Yeltsin's Moscow in the mid-1990s, Burns already felt that the NATO expansion until the borders of Russia was "premature at best, and needlessly provocative at worst." More specifically, to push for NATO membership of Ukraine and Georgia was "a serious strategic mistake that did indelible damage" –an opinion that at the time was shared by the governments of France and Germany. In an official encounter, Putin had told him that Ukraine in NATO "would be a hostile act toward Russia."Burns emphasized, of course, that there is "absolutely no justification for the invasion of Ukraine." Yet, he resumed that kind of strategic explanation while dismissing the ideological elaborations that pretend either justify or condemn the attack. In short: Russia has "pushed back" after Ukraine moved westward away from Russian influence.In his view, nevertheless, Putin miscalculated regarding the power of the Russian Army (which was sent to a "special operation" not planned by its generals), about Ukrainian resistance, and with the supposition that the West would be distracted by elections in Germany and France. He tried to explain the recent candidacies of Sweden and Finland to NATO as a deterrent against Putin's other potential attacks in the future. But the Director of the CIA did not utter a word that could be interpreted as supporting Ukraine's NATO membership.Even more thrilling was the participation of Henry Kissinger on "the new world disorder." The former Secretary of State is 99 years old this month, announced a new book of immediate publication, and for nearly one hour was focused, clear, and insightful, also in a dialogue with the audience. Kissinger started by using his academic background and remarking that the foreign policy's main priority of Russia, which is the largest country in the world, has always been to protect its huge territory from invasions. From this perspective, after the Cold War, the country's leadership was "offended" by NATO's absorption of Eastern Europe.Now –he noted— public discussion on Ukraine is all about confrontation, but by reflecting on the previous failures of the several governments he advised, he lamented that, again, nobody knows where we are going. Kissinger had already opposed Ukraine's candidacy to NATO when President Bush and Vice-president Cheney launched it in 2008. Six years later, at the Russian occupation of Crimea, he warned that Ukraine should not join either the East or the West, but it should function as "a bridge" between the two. He had predicted that otherwise, "the drift toward confrontation would accelerate."Most striking was his warning about the use of nuclear weapons. "I would not make Ukraine's membership to NATO a key issue," he remarked at the Kennedy Center. It would be "unwise to take an adversarial position," mainly because of the horrible danger of a nuclear war. His approach was certainly in contrast with that in the 1970s, of which he was reminded, when the gibberish theory of the "domino" was used to attack one country after another. Bush and Cheney still used that approach in the early 2000s to justify "preventive wars." I got the impression that with aging, intelligent people like Kissinger may feel that it is not worth trying to deceive himself again, and despite his physical frailness (or perhaps because of that), his more mature brain moves in the direction of more honest and clear thinking. His main argument was that in the past, although confrontation was addressed to "preserve the balance of power" between the US and the Soviet Union, at the same time, he also promoted agreements for nuclear arms reduction and control. Nowadays, modern technology would produce much worse destruction, so he claimed for a "new era" in which the governments should take more care about the consequences of nuclear arms and favor diplomacy above all. Kissinger reminded the audience that, in the past, nuclear countries such as the Soviet Union and the United States accepted military defeats from non-nuclear countries, such as in Vietnam and (both) in Afghanistan. Even more now, "we have to deescalate to conventional arms and learn to live with adversarial relations." Kissinger has met Putin more than twenty times and asserted that "there is still room for negotiation" with him. In Spanish in the daily La Vanguardia
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Last Thursday, the Supreme Court struck down President Biden's student loan forgiveness program, finding that it was not plausibly authorized by statute and that the State of Missouri had standing to challenge the program via a state‐created loan‐servicing entity that would lose tens of millions of dollars in fees if the program took effect. This post will explain why Cato filed its own, now‐moot challenge to the loan forgiveness program, followed by some thoughts on the increasingly pernicious role of "avoidance doctrines" such as standing, ripeness, and mootness in public‐policy litigation. The great miltitary strategist Sun Tzu famously said that the acme of skill in war is to subdue the enemy without fighting. For government lawyers, the acme of skill is to shield unlawful policies from judicial review by persuading courts that there is some procedural bar against challenging them. Last week, the Supreme Court rebuffed the Biden administration's attempt to employ that precise stratagem to forestall a judicial determination as to whether the president has the power to forgive nearly half‐a‐trillion dollars worth of student loans without express congressional authorization. Surprising no one, the Court's answer to the substantive question was a resounding "no." But constructing a legal challenge that would ensure the judiciary reached the merits of that question was a dicey proposition. Why? One word: standing. In brief, standing is a court‐created rule that says only certain people can challenge a given policy in court. To have standing, the would‐be plaintiff must have suffered a concrete injury that was caused by the policy at issue and can be fixed (or "redressed") by the courts. Thus, for example, I do not have standing to challenge the Justice Department's sweetheart plea deal with Hunter Biden, both because I've not been personally injured by it (mere outrage is insufficient) and because there's really nothing the courts can do about DOJ's propensity for coddling VIPs. Like so many judge‐made legal rules, however, standing is both amorphous and prone to abuse. It's amorphous because it lacks clear doctrinal parameters and can be easily enlarged or constricted as a matter of judicial whim. And of course that makes it prone to abuse, since judges can simply declare that a given plaintiff either does or does not have standing depending on whether they do or don't want to reach the merits of the case at hand. To be clear, not all standing inquiries represent such an exercise in procedural roulette, but an increasing number of them do—particularly as poliymakers become more conscious of their ability to defeat judicial review through strategic legerdemain. Thus, the key question in the loan‐forgiveness case was not so much the legality of the program itself, but instead whether the Biden administration and its lawyers could persuade the judiciary that the executive branch can expend nearly half‐a‐trillion dollars in unappropriated funds without causing a sufficiently concrete injury to confer standing on any individual or entity affected by that program. As we learned last Thursday, the answer is no. But boy, was it close. Without delving too much deeper into federal standing doctrine, the basic problem here was that the Supreme Court has generally rejected the concept of "taxpayer standing"—that is, the idea that any given person who pays taxes can sue the government simply because it is (arguably) spending that revenue unlawfully. Accordingly, when President Biden announced his intent to forgive student loans without express congressional authorization, there was a scramble among people and groups who opposed that policy to identify a concrete and individualized theory of standing that might pass muster with a judiciary that tends to be more comfortable rubber‐stamping challenged government programs than striking them down—especially when they involve things like the proper scope of federal power, economic regulations, property rights, or tax policy. As noted, Missouri and a handful of other states led with the theory that a blanket student loan forgiveness policy would deprive them of fees generated by their respective loan‐servicing entities. Another suit was filed by two college graduates from Texas who challenged the Department of Education's failure to follow proper administrative procedures, which they said might have resulted in better debt‐forgiveness terms for each of them. At the time, it was unclear whether either of those standing arguments would prove viable, and additional complaints were filed by other groups, each asserting a different theory of standing. This included a lawsuit brought on Cato's behalf by the New Civil Liberties Alliance, which alleged that Biden's blanket loan forgiveness program would prejudice non‐profit employers like Cato, for whom Congress had created a more targeted policy called the Public Service Loan Forgiveness Program that was designed to give non‐profits a recruiting edge by providing loan‐forgiveness to their employees after ten years. Whether legitimate or illegitimate from a policy perspective, the advantage conferred on charitable employers by that program would be eliminated by across‐the‐board debt forgiveness, which represents a cognizable injury that is redressable by the courts—et voila: standing. As it turns out, the Supreme Court held unanimously that the two Texans lacked standing to challenge Biden's loan forgivness program while ruling 6–3 that the states (or at least one of them, which is all that mattered) did have standing. Bottom line, it was a close call, and it was fortunate that Cato and others were waiting in the wings with their own unique—and potentially more persuasive—standing theories. But those other cases, including Cato's, are now moot in light of the Court's decision to find standing in the states' challenge and strike down Biden's loan forgiveness scheme. In retrospect, the half‐dozen lawsuits filed against that program may seem like overkill. But as a colleague at my first law firm used to say of a judge in one of his cases, "You never know on any given day what's going to get his attention: Will it be the red rubber ball, the shiny metal object, or the baby rattle? So you bring 'em all." And so it is when seeking to overcome the slew of avoidance doctrines routinely deployed in public‐policy litigation by government lawyers like ink from a fleeing squid. If standing, ripeness, and mootness can fairly be compared to a game of craps—and they can—then it makes sense for both sides to get as many chips on the table as possible. If that sounds like hyperbole, consider the following examples, which represent merely the barest hint of the jaw‐dropping bad faith with which avoidance doctrines are asserted by government lawyers and employed by judges to make potentially troublesome cases go away: Cato v. SEC (DC Cir. 2022). This case involved a First Amendment challenge to the SEC's policy of imposing a lifetime gag order on defendants in civil enforcement actions as a condition of settlement. Cato sued on behalf of an author who wrote a memoir about being caught up in that process that it was unlawful for him to publish due to the gag order. As a would‐be publisher of that work, Cato asserted the well‐established theory of third‐party standing, but the DC Circuit held that the "redressability" requirement for standing was not met on the premise that all of the challenged gag orders had been incorporated into judicially enforceable consent decress around the country that judges in DC were powerless to disturb. Besides being incorrect on the law, that holding was based on a demonstrably false factual premise: Contrary to the DC Circuit's completely baseless assertion—that was supported nowhere in the pleadings or the record because it was false—all gag orders (including the very one at issue in this case) had not been incorporated into judicially enforceable consent decrees—a fact that Cato pointed out repeatedly throughout the litigation and again in its petition for rehearing, which the DC Circuit ignored. Parker v. Heller (DC Cir. 2007). Another example of standing gamesmanship from the DC Circuit arose in the Second Amendment challenge to the District of Columbia's gun laws brought on behalf of six DC residents by me, former Cato board chair Bob Levy, and Alan Gura. In blatant and acknowledged disregard for Supreme Court precedent, the DC Circuit invoked its special law of standing for guns and held that five of the six plaintiffs lacked standing because they had not yet violated the law and received a specific threat of prosecution—actions that are never required in any other setting to establish standing. Only Dick Heller was ultimately found to have standing because he had made an entirely futile attempt to register a handgun in DC and was denied—an act that the DC Circuit risibly (but correctly, as a matter of circuit precedent) held supplied an alternative basis for standing. Alvarez v. Smith (2009) and NY State Rifle & Pistol Ass'n v. City of New York (2020). These are both examples of "strategic case mooting," a common practice whereby government lawyers will vigorously defend an unconstitutional policy in the lower courts and then moot the case if it looks like the challengers might win on appeal and thereby establish favorable precedent. Alvarez was a challenge to Illinois' unconstitutional civil forfeiture procedure, which the state defended below but then mooted when the case got to the Supreme Court by returning the plaintiffs' unlawfully seized vehicles. NY State Rifle & Pistol involved a challenge to a New York City ordinance that severly constrained people's ability to move a lawfully registered pistol from one location to another (e.g., from an apartment in Manhattan to a cabin in upstate New York), which the City defended vigorously in the lower courts but then repealed immediately after the Supreme Court granted certiorari, in a transparent (and ultimately successful) effort to derail the case. So much for all the assertions the government made in the lower courts about the supposed importance of the law, the momentous safety issues involved, etc.—all of which turned out to be cynical, disingenuous prattling. As suggested above, the list could go on almost indefinitely. But the takeaway is this: When it comes to the willingness of government lawyers and judges (a wildly disproportionate number of whom were themselves courtroom advocates for government before taking the bench) to employ standing, ripeness, mootness, and other "avoidance doctrines" in order to derail challenges to plausible allegations of unlawful government action, there is no bottom. And that's why Cato joined the fray over President Biden's unlawful student loan forgiveness scheme—not because there was ever any doubt about the merits; but instead to help make it as difficult as possible for the judiciary to sweep that unlawful power grab under the rug with the handy‐dandy standing‐broom.
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The 10-year treasury yield reached an historic low this week, crossing the 1% barrier. For many observers, this was a troubling development that confirms the U.S. economy is being sucked into the mire of secular stagnation. For others, it was an unsurprising outcome given the long-run trajectory of interest rates and the ongoing safe asset shortage problem. Both views have some merit. The decline of the 10-year treasury yield does create problems for the U.S. economy, but it has been happening for some time. There is nothing magical about crossing the 1% barrier, though it does brings closer the day of reckoning for the Fed's operating framework.
The decline of the 10-year treasury yield, if sustained, means the entire yield curve may soon run into its effective lower bound. This will render useless much of the Fed's toolbox. Fortunately, there is a fix for the Fed's operating framework that makes it robust to any interest rate environment. This fix, ironically, ties the Fed more closely to fiscal policy while making it more Monetarist in practice.
This post outlines the proposed fix, but first motivates it by explaining how the decline in the 10-year treasury yield creates problems for the U.S. economy.
Why The 10-Year Treasury Yield Decline Matters
The are three reasons why the fall in the 10-year treasury yield matters. First, it implies there is an excess demand for safe assets. These are securities that are expected to maintain their value in a financial crisis and, as a result, are highly liquid. The biggest sources of safe assets are government bonds from advanced economies, especially U.S. Treasuries. The global demand for them has far outstripped their supply and this has led to the global safe asset shortage problem. The 10-year treasury yield falling below 1% is the latest manifestation of this phenomenon.
The safe asset shortage is problematic because it amounts to a broad money demand shock that slows down aggregate demand growth. One solution is for safe asset prices (interest rates) to adjust up (down) to the point that safe asset demand is satiated. The effective lower bound (ELB) on interest rates prevents this adjustment from happening and causes investors to search for safe assets elsewhere in the world. Other economies, as a result, are also affected by the safe asset shortage problem and experience lower aggregate demand growth.1
The demand for safe assets, as noted above, is closely tied to the demand for liquidity. This can be seen in the figure below which shows that the use of money assets (i.e. money velocity) closely tracks the 10-year treasury yield. Over the past decade, this has meant the public's desired money holdings have increased as the 10-year treasury yield has fallen. All else equal, this implies slower growth in aggregate spending.
Below is a chart from an upcoming policy brief of mine that illustrates this point from a global perspective. It shows the average 10-year government bond yield between 2009 and 2019 plotted against the average growth rate of domestic demand over the same period. The government bond yield can be viewed as the safe asset interest rate in these advanced economies. The figure reveals a strong positive relationship between the safe asset yield and the domestic demand growth rate.
One has to be careful interpreting the causality here, but I do further analysis in the policy brief and find shocks to the bond yields do influence domestic demand growth. The safe asset shortage, therefore, appears to be a drag on global aggregate demand growth. The first reason, then, why the decline in the 10-year treasury yield matters is that it portends weaker aggregate demand growth.
The second reason the decline matters is that it leads to a flattening of the yield curve. Financial firms that fund short term and invest long term rely heavily on a positive slopping yield curve to make this business model work. A flattening yield curve undermines it and may lead to less financial intermediation. This is one reason an inverted yield helps predict recessions. In this case, however, the effect may be longer lasting than the business cycle as the decline in treasury yields appears to be on a sustained path.
The third reason the decline matters is that it impairs the Fed's current tool box. The Fed's target interest rate is now down to a 1-1.25% range, a small margin for a central bank that normally cuts around 5% during a recession. The Fed could turn to large scale asset purchases once it hits the ELB, but with the 10-year treasury now near 1%, there is not much space here either. Consequently, the Fed's toolbox is shrinking and soon could be rendered useless.
Now the Fed can add to its toolbox and indeed the Fed is exploring new tools--such as negative interest rates and yield curve control--under its big review of monetary policy. Even these tools, however, are limited since the declining 10-year treasury yield is compressing the yield curve.
The Fed's current toolbox, in short, is premised on a positive interest rate world that is slowing fading. The Fed, therefore, may soon face a day of reckoning for its current operating framework. That possibility and what the Fed could do in response is considered next.
Revamping the Fed's Operating Framework
The Fed's operating framework--defined here as the instruments, tools, and targets the Fed uses in its conduct of monetary policy--has been geared toward a positive interest rate environment. This framework has been increasingly strained by the downward march of interest rates. The 10-year treasury yield dropping below 1% underscores this challenge.
The Fed needs, consequently, an operating framework that is robust to any interest rate environment and one that is capable of stabilizing aggregate demand growth. I have proposed a fix to the Fed's operating system that addresses these challenges in a forthcoming journal article. Here I want to briefly outline that proposal. It has three parts: (1) the Fed adopts a dual reaction function, (2) the Fed adopts a NGDP level target, and (3) the Fed is empowered with a standing fiscal facility for use at the ZLB. The three parts are explained below.
Part I: A Dual Reaction Function. To make the Fed's operating framework robust to both positive and negative interest rate environments, I call for a two-rule approach to monetary policy. Specifically, the Fed would follow a version of the Taylor rule when interest rate are above zero percent and follow the McCallum rule when interest rate are at zero percent or below. The former rule uses an interest rate as the instrument of monetary policy while the latter rule uses the monetary base as the instrument. Consequently, the Fed would have effective instruments to use no matter what happens to interest rates.
Part II: A NGDP Level Target. A level target provides powerful forward guidance since it forces the central bank to make up for past misses in its target. For reasons laid out here, I prefer a nominal NGDP level target (NGDPLT) and specifically, one that targets the forecast. This combined with the first feature implies the following dual reaction function system for the Fed:
Here, in is the neutral interest rate, the NGDPGap is the percent difference between the forecasted level of NGDP and the NGDPLT for the period of t to t+h, Δb is the growth rate of the monetary base, Δx* is the target NGDP growth rate, and Δv is the expected growth rate in the velocity of the monetary base for the period of t to t+h.
Part III: A Standing Fiscal Facility. The final part of the proposal establishes a standing fiscal facility for the Federal Reserve to use when implementing the McCallum rule. That is, when the Fed starts adjusting the the growth of the monetary base according to the McCallum rule, it will do so by sending money directly to the public. My proposal, then, incorporates 'helicopter drops' into the Fed's toolkit in rule-like manner.
I provide more details in the paper, but here are the advantages of this proposed operating framework. First, it keeps countercyclical macroeconomic policy at the Federal Reserve. This provides continuity with the existing division of labor between the U.S. Treasury Department and the Federal Reserve. Second, it enables the Fed to provide meaningful countercyclical monetary policy no matter what happens to interest rates. Third, it provides credible forward guidance since it combines a NGDPLT with helicopter drops. Finally, since this operating framework would require the Fed to be much more intentional about the rules it follows, it would make the Fed more rules-based and predictable.
This proposal would require approval from Congress. Given the Fed's shrinking toolbox and the ongoing expectation that it deliver countercyclical policy, this may not be as big an ask as some imagine. Moreover, it could easily be seen as return to a more Monetarist Federal Reserve since it would be relying more explicitly on the monetary base to implement monetary policy.
Conclusion Some commentators have speculated that the corona virus might be a shock that forces us out of our complacency and spawns many unintended innovations. To the extent this shock leads to ongoing declines in the treasury yields and exhausts the Fed current toolbox, it might also lead to innovations in U.S. monetary policy. Here's hoping it does along the lines suggested above.
1 The safe asset shortge can also become self-perpetuating and lead to what Caballero et al (2017) call a 'safety trap'. This problem emerges when the excess demand for safe assets pushes down safe asset yields to the effective lower bound (ELB) on interest rates. If the excess demand for safe assets is not satiated at that point (i.e. the equilibrium real safe asset interest rate is below the ELB), then aggregate demand will contract and push down inflation. Via the Fisher relationship, the lower inflation will drive up the real safe asset interest rate and increase the spread between it and the equilibrium real safe asset interest rate. As a result, aggregated demand will further contract and the cycle will repeat. This is the safety trap.
Abstract ; The main intellectual and translation center in the Iberian Peninsula in the twelfth and thirteenth century, without a doubt, was the School of Toledo, or also called School of Translators of Toledo. Jourdain was one of the first to realize the importance of it, and he gave an account in the preliminary results of his research in 1819. Since then, references to the Toledo School, and, especially, disputes over its significance, existence and importance have not ceased, and so, there are no agreements on certain basic aspects, due above all to a mixture of intellectual, political, social and identity interests. Naturally, in this work I do not intend to solve these controversies, but only to offer some historical and semantic precisions regarding the meaning of the School of Toledo notion. So, first, I will contextualize the origin of the denomination School of Translators of Toledo; for this, I will analyze the germinal contributions of Jourdain and Rose; then, I will describe the reception of these notions in Renan and Menéndez Pelayo, and finally, I will offer some notes for the understanding of the notion of Toledo School, which will be focused on examining: (1) the importance of Toledo; (2) the existence of a formal school; and (3) the activity carried out in Toledo. ; Other ; {"references": ["Daniel de Morley (ca. 1175/1839). \u00abPrefatio ad librum de Naturis inferiorum et superiorum. Bib. Arundel. Mus. Brit. 377. Philosophia magistri Danielis de Merlai ad Iohannem Norwicensem episcopum\u00bb. En: Rara Mathematica; or, A Collection of Treatises on the Mathematics and Subjects Connected with Them, from ancient inedited manuscripts, editado por James Orchard Halliwell. Londres: J. William Parker, pp. 84\u201385.", "Daniel de Morley (ca. 1175/1874). \u00abPhilosophia magistri Danielis de Merlai ad Iohannem Norwicensem episcopum\u00bb. En: \u00abPtolemaeus und die Schule von Toledo\u00bb, editado por Valentin Rose. Hermes 8 (3): pp. 347\u2013349.", "Daniel de Morley (ca. 1175/1933). Philosophia. Texto editado por Gregor Maurach y Adolf Walter. (Abhandlungen der Braunschweigischen Wissenschaftlichen Gesellschaft 44). Gotinga: Erich Goltze, pp. 187\u2013232.", "Avicena (1027/1968). Liber de anima seu Sextus de naturalibus. Edici\u00f3n cr\u00edtica de la traducci\u00f3n medieval latina de Simone van Riet. Introducci\u00f3n sobre la doctrina psicol\u00f3gica de Avicena por Gerard Verbeke. 2 vols. (Avicenna Latinus). Leiden: Brill, 1972.", "Alonso Alonso, Manuel (1952). \u00abTraducciones del \u00e1rabe al lat\u00edn por Juan Hispano (Ibn Daw\u00fcd)\u00bb. Al\u2013Andalus 17: pp. 129\u2013151.", "Alonso Alonso, Manuel (1959). 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Now before Ukraine on the way to the formation of a stable civil society, along with the problem of national consolidation, is also a problem of adjustment of the normal interethnic relations, protection rights of ethnic and national minorities. In the conditions of the political system's development in Ukrainian society ethnic and national minorities began to engage in the sphere of political activity, seeking to take a rightful place in the process of public and cultural construction.In the multinational composition of Ukraine from time to time the problems of settlement the relations with separate ethnic or national groups, including Russian, Tatar, Romanian and others, are updated and exacerbated. The Polish minority is one of the most numerous national minorities living on the territory of our state. It is marked out by movement strengthening to the self-organization and national identification, and also formation as a subject of policy. There is so important, from our point of view, to research, on the one hand, a role and place of Ukraine in the realization of rights and satisfaction of needs of Poles in Ukraine, and with another – the participations of this minority in social and political processes of the state.Considering the relevance and insufficient studying of this problem, the author set to himself the purpose: 1) to analyze the main features and trends of development of the Polish minority in Ukraine; 2) to identify the key aspects of the participation of the Polish community in the Ukrainian social and political processes.The object of study is the Polish minority in Ukraine as an important part of the civil society and its political system, and the subject is the process of formation, functioning and development of the Polish minority as a subject of modern social and political life of Ukraine.There are 144 130 Poles in Ukraine today, according to the last population census in 2001. It makes 0,3 % from the total number of the population of the state. The Polish take the eighth place in terms of population among the ethnic minorities in Ukraine (after Russians, Belarusians, Moldovans, Crimean Tatars, Bulgarians, Hungarians and Romanians).The resettlement of Poles in Ukraine historically was connected primarily with the Right Bank and Eastern Galicia. The most numerous Polish ethnographic communities formed here. The most part of Polish lived in 2001 in Zhytomyr (49 046 persons; 3,5 % of the population), Khmelnytsky (23 005 persons; 1,6 % of the population) and Lvov (18 948 persons; 0,7 % of the population) regions.In general, the present social, political and religious situation in the environment of the Polish minority is stable and loyal to the Ukrainian government. Social and political moods of Ukrainian Poles naturally determine by both positive and negative sentiments.In January 1992, in Lvov at the Congress of Ukrainian Poles the Federation of the Polish Organizations in Ukraine (FPOU) was founded. It is led now by E. Khmelyova. This organization and the Union of Poles in Ukraine are today the most influential organizational structures of the Polish minority in Ukraine.In November 1994, in Kyiv the societies «Consent», «Solidarity», Cultural and Educational Association of Adam Mickiewicz, Kyiv branch of «The Union of Poles» decided to create «The Coordinating Council of Polish Organizations in Kyiv». Before all Polish non-governmental organizations in this country is to not only revive the local Polish national identity, but also comprehensively facilitate to the productive cultural relations between the two countries.In January 2000, the Polish Institute in Kyiv was established with the support of the Polish Ministry of Foreign Affairs. It was led by P. Kozakiewicz. Its tasks include: development and promotion of the image of Poland as a modern and democratic state, supporting the exchange of views, the elimination of negative stereotypes in the Ukrainian-Polish relations.The Polish NGOs practiced such forms of activity: teaching the Polish language; establishment and functioning of libraries and publishing activities; research activities; organizing places and cultural sites associated with the history of Poland; organization of cultural and educational activities; assistance in the process of developing national performances etc.There are five schools with education in Polish in Ukraine. These schools, which have about two thousand pupils, function with the support of Polish NGOs. There are four Polish schools in the Lvov region. Two of these schools are located in Lvov, and another two are in the area of Mostynsk. Another school with education in Polish functions in Ivano-Frankivsk. The curriculum at schools with education in Polish introduced the subjects of «History of Poland» and «Geography of Poland».As a subject Polish is studied in Ukraine by more than 4 thousand students, and more than 3 thousand students study Polish facultatively or in circles. Polish is also studied in numerous Ukrainian universities. At the end of 2012 the Polish organizations in Ukraine initiated to provide Polish the status of regional language in the area of Mostynsk. There are about four villages, which population is made by Poles.The western regions, where the most part of the Poles is living, are characterized by vigorous activity of the Polish community in the media sector. Thus, «The Polish word» (25 min.) in the broadcasting of TV «Zhytomyr» is weekly published. And «TRK Union TV» broadcasts daily for the Polish community on the proposal TV «Polonia».Lvov is the capital of the Polish Radio in Ukraine: «Radio Lwow» tells at a frequency of the radio station «The Independence» in different days. There is a program «Program katolicki». The Lvov city NGO «Polskie Towarzystwo Radiowe» works here. An important role in cross-cultural communication is played by Polish Radio for the abroad. There are news, press reviews, comments and reports of correspondents all over the world, interviews and debates, literary and music plots in the broadcasting.Periodicals of the Polish national minority are represented by the following groups of editions:- informational: «Głos Podola» (Kamenetz-Podolsk), «The Monitor of Volyn» (Lutsk), «Kurier Stanisławowski» and «Kurier Galicyjski» (Ivano-Frankivsk), «The Polish Newspaper» (Zhytomyr), «Dzyennik Kiyovski» (Kyiv);- public: «Lwowskie Spotkania» (Lvov), «Harcerz Kresow» (Lvov), «Wspolne Dzedzictwo» (Ternopol), «KOTWICA» (Mykolaiv);- cultural and educational: «The Mosaic of Berdichev» (Berdichev), «The Voice of Teacher» (Drogobych), «Krynica» (Kyiv);- religious: «The Shouts from Volyn» (Ostrog), «The Joy of Belief» (Lvov).Recently the joint Ukrainian-Polish projects in the media sphere, for example, the international interdisciplinary magazine «Ucrainica Polonica» and «The Ukrainian Polonistic» gain the increasing popularity.The status of the Polish national minority in Ukraine is qualitatively different from the status of other minorities, such as Roma or Crimean Tatars. After all, the Poles have their historical homeland, the neighboring of Ukrainian state – the Republic of Poland, from which a financial and institutional support comes. Therefore the self-determination process in Polish minority is quite successful and quick.The negative phenomenon for the image of Ukraine is the fact that it works and develops mainly by financing from the government of Poland. At the current time, for example, all meetings of the Polish community in Lvov Church and departures of children on rehabilitation and training to the Republic of Poland are financed also by Poland.Thus, according to the Association of Polish culture in Lvov, the local administration level of care to ensure the interests of the Polish community in Lvov region, compared with a sponsorship of the Republic of Poland, is zero. Over the last few years the Association of Polish culture received for its needs from Lvov regional state administration only about 2 thousand UAN. It forces the Ukrainian Poles to address on the constant help to the bureaucracy of Poland. In this aspect the chairman of the society E. Legovich opposed a situation with ensuring of requirements of the Ukrainian diaspora in the territory of the Republic of Poland. There are considerable budgetary funds for the satisfaction of its interests, which in accordance with the established procedure are transmitted through the Sejm to the communities of national minorities. So, 2 million zloty (about 5 million UAN) are annually allocated for the needs of the Ukrainian diaspora in Poland. Thus, E. Lehovych notes that the Polish community would be sufficient amount of 100 thousand UAN.However, speaking about the presence of members of the Polish community in the Ukrainian elected authorities and government agencies, we have to note a negative trend associated with the low levels of its representation. Thus, Ukraine has not any political party of the Polish national minority (for example, Hungarian and Russian communities have its own political parties, such as «The Democratic Party of Hungarians of Ukraine», «KMKS» Party of Hungarians of Ukraine, «The Russian block» and others. And these parties of the national minorities stood on elections to the Verkhovna Rada of Ukraine). The Polish community is not represented in the Ukrainian parliament. There are two Poles among the 66 members of the regional council of Mostynsk (Lvov region). Poles make 20 % of the number of the residents of Mostynsk and 8 % of Poles are living in the area).Thus, we can conclude, that the Polish minority is one of the largest minorities in Ukraine, and it is on its way of the identification and a political subjektivation. Poles in Ukraine experienced the process of assimilation due to an extended stay in limited contacts with their historical homeland, as indicated the data from recent Ukrainian population census. However, a positive is the fact that today the Polish community in Ukraine will intensify its activities, key points of which are:1) preservation of cultural originality and development of cultural creativity;2) functioning of national and cultural, public organizations;3) contacts with the historical homeland and participation in interstate processes.The negative sides of the position of Polish national minority in Ukraine are:1) absence of political communities (political parties) for the representation the minority at official level;2) low level of participation in formation of power structures and representation at all levels of the power (from local to governmental and parliamentary).Also, despite the existence of numerous guarantees of the rights and protection of the freedoms of national minorities in Ukraine, approved at legislative level, the real practice shows an insufficient attention from the Ukrainian government to these questions. The existence and development of the Polish national minority in Ukraine is provided by the contacts with the historical homeland. It practically finances the diaspora. Therefore Ukraine have to accept a number of scientifically reasonable measures in order to the reforming, carried out in education, sciences, public administration and local government, don't entail to the restriction of the right of the minorities, including Polish, to get an education in a state language, to develop and protect own cultural and a creative heritage, to participate in formation of authorities and to have own representation in electoral bodies. ; Статья посвящена выявлению основных черт и тенденций развития польского национального меньшинства в Украине, а также определению ключевых аспектов участия поляков в украинских общественно-политических процессах. Сделана попытка показать уровень гражданской зрелости, политической культуры польской общины в Украине на современном этапе. Особое внимание уделено роли национальной политики украинского государства в процессе политической субъективации польского национального меньшинства. ; Статтю присвячено виявленню основних рис і тенденцій розвитку польської національної меншини в Україні, а також визначенню ключових аспектів участі поляків в українських суспільно-політичних процесах. Зроблено спробу показати рівень громадянської зрілості, політичної культури польської громади в Україні на сучасному етапі. Окрему увагу приділено ролі національної політики Української держави в процесі політичної суб'єктивації польської національної меншини.
The purpose of this paper is to illuminate the ill effects of neoliberal ideology on labor and education in the United States since the defeat of Keynesian economics in the United by the 1980s (Aronwitz, 2001; Robertson, 2007; Winfield, 2012). That is, neoliberal policy bears significant responsibility in the decline of labor and public schooling in the United States. Concurrently, over the past few decades there has been a significant transfer of wealth from poor and middle-class Americans to the very top of the income distribution (Piketty, 2014). While the wealthiest Americans have benefited from much lower taxes on their wealth in the past few decades, there has been a concurrent hollowing of the middle class due largely to automation and less to offshoring (Autor, 2010). Moreover, Congress and state legislatures have reduced appropriations to K-12 and higher education considerably (Leachman & Mai, 2014; Giroux, 2014; Mitchell, Palacios, & Leachman, 2014). Yet at the same time, some of the more affluent Americans have supported the privatization of K-12 (Ravitch, 2010; 2014), a lucrative investment maneuver (Levine & Levine, 2014). Interestingly, these initiatives siphon dwindling funds away from struggling public education (Levine & Levine, 2014; Ravitch, 2014). Thus, it appears the elite are akin to parasites, extracting sustenance from education and labor. That is why this proposal is significant. Furthermore, this paper draws upon a variety of information to include various government and private research reports on labor and education funding. It also draws from theoretical work in economics and education. Also, it should be noted this work is filtered through the lens of Critical Theory. References Abel, J. R., Deitz, R., & Su, Y. (2014). Are recent college graduates finding good jobs?Current Issues in Economics and Finance, 20(1), pp. 1-8. Retrieved from www.newyorkfed.org/research/publication_annuals/index.html Alexander, M. 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Doktrinde anlaşmazlık ve uyuşmazlık terimlerini genellikle birbirinin yerine kullanılmasına rağmen, bu iki terim arasında önemli bir farklılık bulunmaktadır. Anlaşmazlık, birbirine zıt veya düşmanca bir durum ya da bir mücadele veya kavga olarak tanımlanır. Bir uyuşmazlık, dava konusu olabilen meseleler şeklinde ortaya çıkan bir anlaşmazlık çeşidi olarak görülebilir. Uyuşmazlık, müzakere, arabuluculuk veya üçüncü kişinin hüküm vermesi yoluyla çözülebilecek meseleler üzerinde anlaşmazlığa düşülmesini gerektirir. Uyuşmazlık karşı tarafa açıklanan, kişiler arası bir anlaşmazlıktır. Bir anlaşmazlık, birbirine uyumayan bir durumun anlaşılması veya çatışan bir talepte bulunulması şeklinde bir kişiye beyan edilmedikçe uyuşmazlığa dönüşmeyebilir. Alternatif uyuşmazlık çözümü (ADR), mahkemeler tarafından uygulanan şeklî mücadeleci usûllerden, şeklî olmayan usûllere doğru bir yönelişi temsil eder. ADR, dünya çapındaki adalete ulaşma hareketinin çatısı altında görülebilir. ADR nin doğuşu Birleşik Devletler de 1970 e kadar uzanır. Federal bölge mahkemelerinde uygulanan ilk arabuluculuk ve tahkim programı 1970 tarihlidir. Buna ek olarak ADR de diğer bir gelişme 1988?de Birleşik Devletler Kongresinin on adet bölge mahkemesinde zorunlu tahkim programı kurması ve diğer on adet bölge mahkemesini gönüllü tahkim programı oluşturması için yetkilendirmesiyle görülmüştür. ADR nin hızlı gelişimine katkıda bulunan büyük bir etken, 1976 da Amerika Barolar Birliğince düzenlenen Adalet Yönetimindeki Kamusal Tatminsizliklerin Nedenleri Hakkında Ulusal Konferans olmuştur. Bu konferansta, uyuşmazlık çözümündeki alternatif usûllerin, özellikle arabuluculuk ve tahkimin, tıkanmış halde bulunan mah-kemeleri rahatlatacağı, uyuşmazlıkların çözüm süresini kısaltacağı ve giderlerini asgariye indireceği sonucuna varılmıştır. Arabuluculuk hizmeti sunan mahalli adalet merkezlerinin ve çok seçenekli mahkeme teşkilatı programlarının kurulması teşvik edilmiştir. Çok seçenekli mahkeme teşkilatı terimi (ya da çok seçenekli ADR), bir dizi seçimlik uyuşmazlık çözüm usûlü sunan mahkemeleri ifade eder. Bu programlar, ihtilaflı tarafları, onlar için en uygun olan uyuşmazlık çözüm yöntemine yönlendirirler. Bunlar: Kolaylaştırma, arabuluculuk veya tahkimdir. Bazı çok seçenekli mahkeme teşkilatı prog-ramları belli türdeki bütün davaları belirli bir ADR programına havale et-mekteyken, diğer bazı programlar davacılara seçimlik bir liste sunmaktadırlar. ADR, uyuşmazlık çözümü için mahkemeler vasıtasıyla yürütülen davalarda alternatif olarak işleyen, genellikle tarafsız bir üçüncü kişinin aracılığı ve yardımını içeren bir dizi usûller olarak tanımlanır. Doktrine göre ADR usûlleri aşağıdaki yararları içerebilir: 1. Mahkemelerin iş yükünü ve giderlerini azaltmak, 2. tarafların yargılama için harcadıkları giderleri ve zamanı azaltmak, 3. topluluklara veya tarafların ailelerine zarar veren uyuşmazlıkların hızlı bir şekilde çözümünü sağlamak, 4. bireylerin adalet sisteminden daha iyi bir şekilde tatmin olmasını sağlamak, 5. tarafların ihtiyaçlarına uygun olan çözümleri teşvik etmek, 6. tarafların uyuşmazlık çözüm usûllerine gönüllü olarak uymalarını sağlamak, 7. komşuluk ve topluluk değerlerini ve toplulukların ilişkilerini onarmak, 8. ihtilaflı taraflarca ulaşılabilecek usûller oluşturmak, 9. halka, uyuşmazlıkların çözümünde ihlâl ya da dava yolu yerine daha etkili olan usûlleri denemelerini öğretmek, ADR tarafların bir araya getirilmesinde pek çok farklı yöntem gerektirir; bununla birlikte temel ADR usûlleri arabuluculuk ve müzakeredir. Arabuluculuk ve uzlaştırma terimleri eş anlamlı olarak kullanılırlar. Arabuluculuk (veya uzlaştırma), tarafların bir anlaşmayı müzakere etmeleri için onlara yardım eden tarafsız bir üçüncü kişice gerçekleştirilen bağlayıcı olmayan bir müdahaledir. Üç tür arabuluculuk vardır. Bunlar geleneksel arabuluculuk, yargısal arabuluculuk ve modern arabuluculuktur. Arabulucunun yapısı ve işlevi, arabuluculuk usûlünü diğer uyuşmazlık çözüm usûllerinden ayırmaktadır. Arabulucu bir kolaylaştırıcıdır. Arabulucu, ihtilaflı konular üzerindeki kendi kararını taraflara dikte etmemelidir. Arabulucululuk esnek yapısıyla şekillenerek farklı bir usûl haline bürünür. Arabulucunun yaklaşımı doğrudan veya dolaylı ya da bunların arasında bir usûlde kendini gösterebilir. Arabuluculukta bir ya da birden fazla oturum olabilir. Arabuluculuyla caucuses adında ayrı toplantılar yapılabilir. Arabuluculuk oturumları gizlidir ve tarafların iletişimine yadım etmek amacıyla gerçekleştirilir. Arabuluculuk geliştikçe, kolaylaştırma ve değerlendirme arabuluculuğu gibi farklı arabuluculuk türleri ortaya çıkmaktadır. Mahkeme veya arabulucu tarafından hangi arabuluculuk modelinin izlendiğine bakılmaksızın, arabuluculuk usûllerinin çoğu aşağıdaki aşamaları izler: Arabuluculuk öncesi aşama, arabuluculuk aşaması ve arabuluculuk sonrası aşama. Türk hukuk sisteminde Avukatlık Kanunu, Ceza Muhakemesi Kanunu, İş Kanunu, Tüketicinin Korunması Hakkında Kanun ve Vergi Usûl Kanunu gibi kanunlarda ADR ile doğrudan ilgili düzenlemeler bulunmaktadır. Türk hukukunda, ADR ye ilişkin iki temel düzenleme mevcuttur. ADR yi destekleyen ilk yasal düzenleme Avukatlık Kanunundadır. Avukatlık Kanunu nun 35/A maddesine göre, müvekkilin talep etmesi halinde bir avukat, dava veya duruşma başlamadan önce ihtilaflı tarafları uzlaştırabilir. Kanun, tarafların uzlaştırma süreci sonunda bir anlaşmaya varmaları halinde, taraflar ve avukatların uyuşmazlığı çözen bir yazılı anlaşma yapmalarını hükme bağlamıştır. Uzlaşma tutanağı olarak adlandırılan bu anlaşma avukatlar ve müvekkillerince imzalanır. Uzlaşma tutanağı diğer mahkeme hü-kümleri gibi icra edilebilir. İkinci düzenleme, 1 Nisan 2005 te yürürlüğe giren yeni Ceza Muhake-mesi Kanunu ve Ceza Kanununda bulunmaktadır. Ceza Muhakemesi Kanununun 253. maddesi ve Ceza Kanununun 73. maddesi, savcının veya hâkimin kararına bağlı olarak, bir ceza davasında mağdur-fail uzlaştırmasına ilişkin hükümler içermektedir. Sadece takibi şikâyete bağlı suçlar uzlaştırmaya uygundur. Kanımca, ADR Türk yargı sisteminde medenî hukuk, ticaret hukuku ve ceza hukuku uyuşmazlıklarının çözümünde temel bir işleve sahip olacaktır; zira, yargılama üzerinde çalışan veya dava yolunda büyük güçlüklerle karşılan avukatlar, ADR nin, hukuk davalarının tamamına teşmil edilmesini be-lemektedirler. Hukuk Muhakemeleri Kanunu hâlen, ADR nin kullanılması için gereken yetkiyi vermemektedir. Ancak, ADR yollarının hukuk davalarının tamamında kullanılması için, Hukuk Muhakemeleri Kanunda geniş bir yetki verilmesi gereklidir. Yakın bir gelecekte, özel hukukun bütün alanlarında ADR nin daha önemli ve merkezî bir rol oynayacağı açıktır. There is an essential distinction between conflicts and disputes, though the literature often uses the two terms interchangeably. Conflict is defined as a stole of opposition or hostilities a fight or struggle. A dispute may be viewed as a class or kind of conflict which manifests itself in distinct, justiciable issues. It involves disagreement over issues capable of resolution by negotiation, mediation or third party adjudication. A dispute is an interpersonal conflict that is communicated or manifested. A conflict may not become a dispute if it is not communicated to someone in the form of a perceived incompatibility or a contested claim. Alternative dispute resolution (ADR) represents a movement, away from formal adversarial proceedings on the part of the courts, toward informal processes. ADR can be seen as lying within the framework of the world-wide access-to-justice movement. The beginning of ADR is usually traced to the 1970s in the United States. In the federal district courts, the first mediation and arbitration programs date from the 1970s. Additional expansion of ADR occurred in 1988 when the United States congress authorized ten district courts to implement mandatory arbitration programs and an additional ten to establish voluntary arbitration programs. A major impetus for ADR s rapid growth was a 1976 American Bar Association sponsored National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice. The Conference concluded that alternative forms of dispute resolution, in particular mediation and arbitration, would ease congested courts, reduce settlement time, and minimize costs. The development of neighborhood justice centers (which practice mediation) and multi-door courthouse programs were encouraged. The terms of multi-door courthouse or multi-option ADR describe courts that offer an array of dispute resolution options. These programs direct disputants to the most appropriate dispute-resolving mechanism: facilitation, mediation or arbitration. Some multi-door courthouses refer all cases of certain types to particular ADR programs, while others offer litigants a menu of options. ADR is defined as a range of procedures that serve as alternatives to litigation through the courts for the resolution of disputes, generally involving the intercession and assistance of a neutral and impartial third party. Accordingly in literature the benefits provided by ADR processes may include: 1. lower court caseloads and expenses, 2. reduce the parties? expenses and time, 3. provide speedy settlement of those disputes that were disruptive of the community or the lives of the parties? families, 4. improve public satisfaction with the justice system, 5. encourage resolutions that were suited to the parties? needs, 6. increase voluntary compliance with resolutions, 7. restore the influence of neighborhood and community values and the cohesiveness of communities, 8. provide accessible forums to people with disputes, and 9. teach the public to try more effective processes than violence or litigant for settling disputes. ADR involves many different techniques of bringing parties together, however the main ADR processes are negotiation and mediation. The terms mediation and conciliation are used synonymously. Mediation (or conciliation) is the non-binding intervention by a neutral third party who helps the disputants negotiate an agreement. These are traditional mediation, judicial mediation and modern mediation. The nature and role of the mediator is what distinguishes the process of mediation from other dispute resolution processes. The mediator is a facilitator. The mediator should not impose his or her own judgment of the issues upon that of the parties. Mediation is characterized by its flexibility, taking shape in a variety of models. Mediator approach may manifest in either directive or non directive fashion, or somewhere in between. There may be only one session or several. There may or may not be separate meetings, called caucuses, with the mediator. Mediation sessions are confidential and structured to help parties communicate. As mediations develops, distinct mediation strategies such as facilitative and evaluate are emerging. Regardless of which mediation model a court or mediator follows, most mediations progress through the following stages: Pre-mediation phase, the mediation proper and post-mediation phase. There are direct interested provisions about ADR in the Turkish law system such as Code of Lawyer, Code of Criminal Procedure, Code of Labor, Code of Consumer Protection, and Code of Tax Procedure. There are two main provisions on ADR in the Turkish Law. The first statutory provision that supports ADR is in the Code of Lawyer. According to the article 35/A of the Code of Lawyer if the client claims for conciliation, an attorney may invite the opposite sides to conciliation when the case or the trial is not commenced. If the parties reach an agreement at the end of the conciliation, the statue provides that the parties and the attorneys will execute a written agreement disposing of the dispute. The agreement called conciliation minute? signed by clients and their attorneys. Conciliation minute is enforceable in the same manner as any other final judgment. The second provision is in the new Code of Criminal Procedure and in the Penal Code which came into force on June 1, 2005. Article 253 of the Code of Criminal Procedure and article 73 of the Penal Code, contain provisions about victim-offender mediation in a criminal case, depend on a decision by the prosecution or the judge. Only offenses which can be prosecuted by the public prosecutor only upon complaint of the injured party are suitable for mediation. In my view, ADR will be recognized in Turkish judicial system as having a fundamental role to play in the resolution of civil, commercial and criminal disputes. Because lawyers who work on trials or those who encounter enormous difficulties in litigation expect the ADR to be extended to all civil cases. Nowadays, the Code of Civil Procedure does not provide necessary authority to use ADR. However, a broad authority for using ADR process in all civil actions must be given in the Code of Civil Procedure. It is clear that in all fields of civil dispute resolution ADR will play a central and rather important role in the near future.
La democracia liberal ha enfrentado 3 etapas definidas en apenas 50 años. La primera etapa se consolida en las décadas del 50´ y 60 y tuvo su proceso final en los 80´. Supuso el fin del comunismo como alternativa posible. La breve segunda etapa comienza en 1989 después de la implosión soviética y encuentra un punto de quiebre el 11 de septiembre de 2001. La posterior guerra en Irak refleja el límite del proyecto en marcha. Ese proyecto ha sido el intento de EE.UU. de exportar la democracia liberal como valor universal. La tercera etapa acaba de comenzar. Expresa y consolida los límites del liberalismo. Sin embargo, la pregunta central es si reconocer la existencia de límites supone un fracaso o, en cambio, una oportunidad. Primero nos preguntaremos por qué sería un fracaso. Luego nos preguntaremos por qué sería una oportunidad.¿Por qué la imposibilidad de pensar la democracia liberal como valor universal sería (solamente) un fracaso? Porque, siguiendo a John Gray, una parte esencial del liberalismo consiste en definir la existencia de derechos individuales a-temporales. Paso seguido, si se demostrara la imposibilidad de esa a-temporalidad, luego, esa concepción filosófica política no podría ser local. Es decir, o sería universal o no sería nada. En esta lógica, el liberalismo como expresión solamente local devendría una contradicción u oxímoron. Si bien Gray ha desarrollado esta posición en su última etapa analítica, anteriormente había desarrollado mas convincentemente una alternativa. Las dos caras del liberalismo estarían expresadas en dos filosofías opuestas: la tolerancia como medio o la tolerancia como valor en sí mismo. En palabras de Gray: "El Estado liberal se originó en la búsqueda de un modus vivendi. Los regímenes liberales contemporáneos son floraciones tardías de un proyecto de tolerancia que se inició en Europa en el siglo XVI. La tarea que heredamos consiste en reacondicionar la tolerancia liberal para que pueda guiarnos en la búsqueda de un modus vivendi en un mundo más plural. La tolerancia liberal ha contribuido inconmensurablemente al bienestar humano. No estando en parte alguna tan profundamente arraigada como para darla por descontada, es un logro cuyo valor no podría ser más alto. No podemos prescindir de ese ideal tardomoderno, pero tampoco puede ser nuestra guía en las circunstancias tardomodernas actuales porque el ideal de tolerancia que hemos heredado encarna dos filosofías incompatibles. Vista desde un ángulo, la tolerancia liberal es el ideal de un consenso racional sobre el mejor modo de vida posible. Desde el otro, es la creencia en que los seres humanos pueden florecer en muchas formas de vida. Si el liberalismo tiene un futuro, este reside en el abandono de la búsqueda de un consenso racional sobre el mejor modo de vida posible…" (1)El liberalismo y sus límites como programa de investigación supuso para Gray dos etapas diferenciadas. Por un lado, la crítica a la pretensión liberal-iluminista de poseer una filosofía política con valor universal y su posterior re-significación local. Sin embargo, la segunda etapa supuso el intento de desarrollar un programa de investigación que revelara no sólo la imposibilidad del liberalismo como valor local sino, mas aún, lo positivo de ese fracaso definitivo (tanto local como universal). Mientras la primera etapa de la crítica de Gray al liberalismo era rigurosa y necesaria, la segunda etapa ha carecido de la rigurosidad de la primera y, consecuentemente, ha devenido polémica por lo dogmática (2).¿Cómo podría explicarse este derrotero intelectual y analítico? En parte, por el papel histórico que, para Gray, ha tenido el iluminismo en la construcción de la idea de Occidente. Occidente, el liberalismo y la democracia liberal han expresado contemporáneamente "buenos" valores. Sin embargo, el racionalismo iluminista ha generado tragedias que han devenido inconmensurables (3). Es decir, la magnitud de las modernas tragedias, consecuencias tardías del iluminismo, han hecho moralmente imposibles la posibilidad de sopesar los "éxitos y fracasos" del mencionado proyecto iluminista. Para Gray, el liberalismo como proyecto universal es hijo moral del iluminismo europeo y, por ende, es en parte responsable de la tragedia (moral) de la Europa contemporánea. Es secundario que esta tragedia haya sido expresada por el fascismo y el comunismo, dos corrientes políticas en las antípodas del liberalismo. Mas aún, para Gray sería importante pero secundario que ambos totalitarismos hayan sido derrotados por la tácita colaboración inter-temporal de democracias liberales.En segundo lugar, nos preguntamos: ¿Por qué la imposibilidad del liberalismo como proyecto universal sería una oportunidad? Porque generaría los incentivos para pensar las bondades analíticas y políticas de distintos desarrollos locales. Si el liberalismo es uno entre otros (entre tantos) modus vivendi, la real dimensión de su valor local lo dará la capacidad de esas expresiones de prosperar. Desde otro ángulo, podemos intentar responder la misma pregunta: la imposibilidad de realizar la aspiración universal no refleja los limites del liberalismo sino del iluminismo. En la misma lógica, podemos pensar que la imposibilidad de concretar la aspiración universal ayudará al liberalismo a percatarse que algunas particularidades locales tienen manifestaciones regionales inéditas en la historia moderna. El proyecto europeo es una de ellas. Por el momento, es la mas sofisticada expresión política de las virtudes humanas. La necesaria mención de las carencias y miserias que también posee el proyecto europeo probablemente lo haga, en parte, aún mas humano. El proyecto europeo y la idea de Europa se han convertido en un desafío analítico relevante para la filosofía grayeana: siguiendo su propia lógica, el liberalismo no solo demuestra tener vida local después de su muerte universal sino que, mas aún, se encamina, con avances y retrocesos, a consolidar una forma de buena vida regional.La democracia liberal versus los Estados Unidos de NorteaméricaLa democracia liberal ha tenido refugio político y analítico en aquello que denominamos Occidente. Mas particularmente, Europa, Norteamérica (EE.UU. y Canadá), Japón, Australia y Nueva Zelanda. El Primus inter pares ha sido EE.UU. Sin embargo, la democracia liberal como noble tradición filosófica-política ha encontrado un adversario en la calidad de las instituciones contemporáneas de los EE.UU.Como ejemplos relevantes, podemos mencionar la ley patriótica o "Patriotic Act" (4), las violaciones a los derechos humanos en Guantánamo, los abusos en la cárcel iraquí de Abu Ghraih y el discurso xenófobo y provinciano del ala conservadora del Partido Republicano. El movimiento populista Tea Party ha sido la principal innovación político partidaria en la etapa posterior al 11 de septiembre de 2001. Después del triunfo de Barack Obama en noviembre de 2008, el Tea Party se ha consolidado como una opción de la coalición conservadora para, tanto desde dentro como desde fuera del Partido Republicano, influir en la dinámica del debate público. Particularmente, el movimiento ha sido exitoso en las elecciones de medio término en 2010, donde sus candidatos alcanzaron 60 escaños de un total de 435 (5). Dado que los republicanos han logrado la mayoría en la Cámara de Representantes, estos 60 votos son decisivos en las negociaciones. Ello se ha reflejado en el duro debate de julio y agosto de 2011, donde se alcanzó con mucha dificultad un acuerdo para elevar el tope de la deuda pública.Independientemente de la coyuntura, es posible sostener que la calidad del debate en la democracia mas antigua del mundo continuará empobreciéndose. Para ello, influyen principalmente dos problemas estructurales: la captura que los grupos de interés han realizado del proceso económico y la creciente captura que los sectores radicales han realizado del proceso político.Si esta dinámica es correcta y estable, la democracia liberal se enfrenta a la necesidad ética y política de redefinir el papel y significado que en el "Liberal Project" ha poseído y posee la inédita experiencia americana. Si la democracia liberal pudiera ser analíticamente asociada mas a la idea de Europa que a la realidad americana, podría recuperar parte del prestigio perdido en el irresponsable proyecto del siglo americano pensado por la administración Bush (2001-2009) (6), en el cual la aventura en Irak ha sido la expresión mas cabal.La difícil realidad política y moral que enfrenta EE.UU. es una buena oportunidad para el liberalismo: esta noble tradición de pensamiento no tiene una obligación analítica de hacerse cargo de la incapacidad de uno de sus modus vivendi. Si bien puede haber sido, en el pasado cercano, un modus vivendi particularmente relevante para el liberalismo contemporáneo, ha dejado de tener un valor analítico sustancial. Esto se explica por dos motivos: por un lado, en el camino de lo universal a lo local, la experiencia americana ha perdido preponderancia en tanto una de sus principales virtudes era, precisamente, informar al resto del mundo de las supuestas bondades únicas de una forma de vida particular. Por otro lado, una vez asumida la incapacidad de transformarse en una filosofía universal, la forma de vida local que ofrece América ha reflejado y refleja, sorprendentemente, demasiadas carencias.EE.UU. ha dejado de expresar una aspiración universal. Una sorpresiva secuela de ello ha sido que su forma de vida local ha devenido también poco atractiva. Ello es una mala noticia para esa experiencia particular pero no necesariamente debe serlo para el liberalismo.(1) Gray, John (2001): "Las dos caras del liberalismo. Una nueva interpretación de la tolerancia liberal". Paidos. Buenos Aires-Argentina. Pagina 11. La obra de Gray es profusa y original. En esta particular línea de investigación podemos citar "Post-liberalism. Studies in political thought", London: Routledge, 1993; "Liberalisms. Essays in political philosophy", London: Routledge, 1989; "Straw dogs. Thoughts on humans and other animals", New York: Farrar, Straus and Giroux, 2007; "Liberalism", Minneapolis: University of Minnesota, 1995. Second edition; "Endgames. Questions in late modern political thought", Cambridge: Polity, 1997. Una representativa selección de trabajos es "Gray's anatomy. Selected writings", London: Penguin, 2010. Anteriormente, Gray había publicado biografías filosóficas sobre el pensamiento de Mill, Hayek y Berlin. (2) Esta última versión, menos rigurosa, puede encontrarse en algunos trabajos del citado "Gray´s Anatomy. Selected Writings" y contraponerse a antiguos artículos publicados en la misma compilación.(3) La Stanford Encyclopedia of Philosophy realiza una excelente introducción al inconmensurable pensamiento de Isaiah Berlin, una de las principales influencias intelectuales de Gray. Verhttp://plato.stanford.edu/entries/berlin/(4) El Departamento de Justicia ofrece información relevante sobre la ley. Allí sostiene que"Congress enacted the Patriot Act by overwhelming, bipartisan margins, arming law enforcement with new tools to detect and prevent terrorism: The USA Patriot Act was passed nearly unanimously by the Senate 98-1, and 357-66 in the House, with the support of members from across the political spectrum." Ver http://www.justice.gov/archive/ll/highlights.htm(5) http://www.house.gov/representatives/(6) Ver http://www.newamericancentury.org/ *Profesor Depto. Estudios Internacionales, FACS - Universidad ORT Uruguay.Master en Filosofía Política, London School of Economics and Political Science.
Crisis Financiera mundial"El País" de Madrid:"Vía libre a la compra de Lehman por Barclays en sólo cinco días": http://www.elpais.com/articulo/economia/Via/libre/compra/Lehman/Barclays/solo/dias/elpepueco/20080921elpepieco_4/Tes"Crisis financiera mundial - La gestación del rescate: "Si el plan no se aprueba, que el cielo nos asista"":http://www.elpais.com/articulo/economia/plan/aprueba/cielo/nos/asista/elpepueco/20080921elpepieco_3/Tes"EE UU inyectará 485.000 millones para evitar el colapso financiero": http://www.elpais.com/articulo/economia/EE/UU/inyectara/485000/millones/evitar/colapso/financiero/elpepueco/20080921elpepieco_1/Tes "New York Times":"Shift for Goldman and Morgan Marks the End of an Era": http://www.nytimes.com/2008/09/22/business/22bank.html?hp "Bush Urges Democrats to Act Quickly on Bailout Plan": http://www.nytimes.com/2008/09/23/business/23paulson.html?hp"Skeptics in Washington, Sellers on Wall Street":http://www.nytimes.com/2008/09/24/business/24markets.html?adxnnl=1&adxnnlx=1222207347-jKdB9jkUarOxtnUq15xrDg"CNN":"Fed boosts support for Goldman and Morgan: Central bank okays change in status for last two remaining investment banks":http://money.cnn.com/2008/09/21/news/companies/fed_investmentbanks.ap/index.htm?cnn=yes"Markets fall as fears grow over bailout plan": http://edition.cnn.com/2008/BUSINESS/09/23/world.markets/index.html"Bush urges Congress to rubberstamp bailout plan": http://edition.cnn.com/2008/BUSINESS/09/22/world.markets/index.html"BBC":"US banks make shock status switch: The last two major investment banks in the US have changed their status to become bank holding companies, allowing them to take deposits from investors.": http://news.bbc.co.uk/2/hi/business/7628578.stm"La Nación":"El fin de una era en Wall Street: adiós a los bancos de inversión: Goldman Sachs y Morgan Stanley se transformarán en bancos comerciales": http://www.lanacion.com.ar/nota.asp?nota_id=1052652"Caen las bolsas ante las dudas por el plan: Pese a un fuerte llamado de Bush a aprobar el rescate cuanto antes, los demócratas presentaron una propuesta alternativa": http://www.lanacion.com.ar/nota.asp?nota_id=1052651 "Time":"Japan to the Rescue of Ailing US Firms": http://www.time.com/time/business/article/0,8599,1843534,00.html"El Universal" de México: "La ONU, más necesaria y más urgente que nunca: Bush: En su discurso ante la Asamblea General de la ONU, el último de su mandato, dijo que el organismo internacional debe aprobar más resoluciones que impidan que esos atentados se produzcan": http://www.eluniversal.com.mx/notas/540630.html"MSNBC":"Bush to address country about bailout plan: Paulson reportedly compromises, will add limits on executive compensation": http://www.msnbc.msn.com/id/26871338/"Fed plows $30 billion in foreign money markets :Temporary 'swap' arrangements aim to tackle global credit crunch": http://www.msnbc.msn.com/id/26862762/"The Economist":"And then there were none: What the death of the investment bank means for Wall Street": http://www.economist.com/finance/displayStory.cfm?story_id=12294688&source=features_box_main"The politics of despair: Wall Street's meltdown readjusts the race in unexpected ways": http://www.economist.com/world/unitedstates/displaystory.cfm?story_id=12262221"Wall Street's bad dream": http://www.economist.com/finance/displaystory.cfm?story_id=12273023 AMERICA LATINA "La Nación" informa: "Fuerte crítica de Cristina Kirchner a Estados Unidos en la ONU": http://www.lanacion.com.ar/nota.asp?nota_id=1052725"CNN" publica: "Russian navy ships head to Venezuela": http://edition.cnn.com/2008/WORLD/americas/09/22/russia.venezuela.ap/index.html"China Daily" anuncia: "Russia sends ships on exercises in US 'backyard'":http://www.chinadaily.com.cn/world/2008-09/22/content_7048551.htm"La Nación" publica: "Chávez inició en China una gira por Asia y Europa: El mandatario venezolano busca fortalecer la cooperación con el país asiático; "en este momento es mucho más importante estar en Pekín que en Nueva York", expresó":http://www.lanacion.com.ar/nota.asp?nota_id=1052710"CNN": "Peace talks aim at easing Bolivia tension": http://edition.cnn.com/2008/WORLD/americas/09/20/bolivia.talks/index.html"The Economist" analiza: "Bolivia: Now put it back together": http://www.economist.com/world/americas/displaystory.cfm?story_id=12260915"La Nación" informa: "Antonini Wilson aseguró que en el vuelo había otros US$ 4.200.000 y que estuvo en la Casa Rosada": http://www.lanacion.com.ar/nota.asp?nota_id=1052756"La Nación" anuncia: "México, ante un nuevo drama: el narcoterrorismo: Los carteles inician la "colombianización" del país":http://www.lanacion.com.ar/nota.asp?nota_id=1052618"El Tiempo" de Colombia publica: "Haití, Venezuela y Ecuador entre los más corruptos de América Latina, según un estudio": http://www.eltiempo.com/mundo/latinoamerica/home/haiti-venezuela-y-ecuador-entre-los-mas-corruptos-de-america-latina-segun-un-estudio_4548631-1 ESTADOS UNIDOS / CANADA "New York Times" informa: "2 Candidates Urge Greater Oversight in Bailout Plan": http://www.nytimes.com/2008/09/22/us/politics/22campaign.html?ref=business"CNN" publica: "McCain 'deeply uncomfortable' with lack of bailout oversight": http://edition.cnn.com/2008/POLITICS/09/22/campaign.wrap/index.html"BBC" analiza: "The US election nightmare scenario": http://news.bbc.co.uk/2/hi/americas/7626471.stm"El Mercurio" de Chile informa: "Palin se reúne con varios mandatarios en apertura de la Asamblea de la ONU": http://diario.elmercurio.com/2008/09/23/internacional/_portada/noticias/1BCE1474-994A-47C6-A5FE-84CD8B379283.htm?id={1BCE1474-994A-47C6-A5FE-84CD8B379283}"The Economist" analiza: "The election campaign: Heard on the stump":http://www.economist.com/world/unitedstates/displaystory.cfm?story_id=12263226"Los Angeles Times": "Times poll shows Barack Obama has slight lead over John McCain": http://www.latimes.com/news/politics/la-na-poll25-2008sep25,0,4911734.stor"Los Angeles Times" informa: "McCain seeks to postpone debate because of financial crisis":http://www.latimes.com/news/politics/la-na-campaign25-2008sep25,0,766973.story"Time" publica sitio con links a artículos sobre las elecciones en los Estados Unidos:http://thepage.time.com/"La Nación" publica: "Bush busca tranquilizar a sus pares en la ONU: Hoy pronunciará su último discurso": http://www.lanacion.com.ar/nota.asp?nota_id=1052654"El Tiempo" de Colombia anuncia: "George W. Bush afirma que la ONU es más necesaria y más urgente que nunca":http://www.eltiempo.com/mundo/euycanada/home/george-w-bush-afirma-que-la-onu-es-mas-necesaria-y-mas-urgente-que-nunca_4548370-1 EUROPA "El País" de Madrid informa: "La duda es más grande que Brown: El primer ministro, agobiado por su mala imagen, es incapaz de remontar los sondeos - El laborismo debate si dejar que siga o designar otro líder para un cuarto mandato": http://www.elpais.com/articulo/internacional/duda/grande/Brown/elpepuint/20080921elpepiint_1/Tes"CNN" publica: "Car bomb in northern Spain kills soldier":http://edition.cnn.com/2008/WORLD/europe/09/22/spain.bombs.soldier/index.html"CNN" publica: "Funding crisis may ground Alitalia": http://edition.cnn.com/2008/BUSINESS/09/22/alitalia.license/index.html"Time" informa: "11 Dead in FinlandSchool Shooting": http://www.time.com/time/world/article/0,8599,1843568,00.html"El Tiempo" de Colombia anuncia: "Estudiante asesinó a diez compañeros en un colegio profesional de Finlandia y luego se suicidó": http://www.eltiempo.com/mundo/europa/home/estudiante-asesino-a-diez-companeros-en-un-colegio-profesional-de-finlandia-y-luego-se-suicido_4546222-1 Asia – Pacífico /Medio Oriente. "China Daily" informa: "China's quality chief steps down in milk scandal":http://www.chinadaily.com.cn/china/2008-09/22/content_7048471.htm"The Economist" analiza: "China's baby-milk scandal: Formula for disaster": http://www.economist.com/world/asia/displaystory.cfm?story_id=12262271"MSNBC" anuncia: "Typhoon hits southern China, Vietnam next: Hong Kong saw 58 injuries and disruption of schools and airport":http://www.msnbc.msn.com/id/26868696/"New York Times" informa: "Japanese Party Chooses Aso as Leader":http://www.nytimes.com/2008/09/23/world/asia/23japan.html?ref=world"Le Monde" publica: "Taro Aso va devenir le premier ministre du Japón": http://www.lemonde.fr/asie-pacifique/article/2008/09/22/taro-aso-va-devenir-le-premier-ministre-du-japon_1097905_3216.html#ens_id=1097909"BBC" anuncia: "Aso picked to become new Japan PM": http://news.bbc.co.uk/2/hi/asia-pacific/7628495.stm"La Nación" informa: "Un "halcón" será el nuevo primer ministro de Japón: Taro Aso reemplazará a Yasuo Fukuda": http://www.lanacion.com.ar/nota.asp?nota_id=1052616"CNN" publica: "N. Korea seeks removal of nuke plant seals": http://edition.cnn.com/2008/WORLD/asiapcf/09/22/nkorea.nuclear.seals/index.html"BBC" informa: "N Korea wants nuclear seals off": http://news.bbc.co.uk/2/hi/asia-pacific/7628955.stm"El Mercurio" de Chile informa: "Pakistán persigue a célula de Al Qaeda tras atentado": http://diario.elmercurio.com/2008/09/23/internacional/internacional/noticias/99E41C2A-5ED4-4AFA-BA25-4184BA2AD712.htm?id={99E41C2A-5ED4-4AFA-BA25-4184BA2AD712}"New York Times" publica: "Pakistan Leaders Barely Missed Attack": http://www.nytimes.com/2008/09/23/world/asia/23pstan.html?ref=world"New York Times" anuncia: "Olmert Quits Post, and Political Maneuvering Begins": http://www.nytimes.com/2008/09/22/world/middleeast/22olmert.html?ref=world"MSNBC": "Livni to form new Israeli government: Foreign minister has 42 days to form coalition": http://www.msnbc.msn.com/id/26839166/"MSNBC" informa: "Car plows into soldiers in Jerusalem; 19 hurt: Palestinian shot dead after ramming car into crowd of soldiers in OldCity": http://www.msnbc.msn.com/id/26841572/"El País" de Madrid publica: "Ahmadineyad vaticina el fin del "imperio americano" y el derrumbe de Israel": http://www.elpais.com/articulo/internacional/Ahmadineyad/vaticina/fin/imperio/americano/derrumbe/Israel/elpepuint/20080923elpepuint_5/Tes AFRICA "El País" de Madrid informa: "Mbeki, obligado a dejar la presidencia de Suráfrica: Las luchas internas en el partido del Gobierno desembocan en una crisis": http://www.elpais.com/articulo/internacional/Mbeki/obligado/dejar/presidencia/Surafrica/elpepuint/20080921elpepiint_7/Tes"New York Times" publica: "A South African of Charisma and Mystery": http://www.nytimes.com/2008/09/22/world/africa/22zuma.html?ref=world"CNN" anuncia: "Sudan lobbies to avoid Darfur genocide arrest": http://edition.cnn.com/2008/WORLD/africa/09/22/sudan.un.ap/index.html"BBC" informa: "Eleven tourists seized in Egypt": http://news.bbc.co.uk/2/hi/middle_east/7629171.stm"CNN" publica: "11 tourists kidnapped in Egypt desert": http://edition.cnn.com/2008/WORLD/africa/09/22/egypt.italians.kidnapped/index.html"CNN" analiza: "U.N.: Almost 10 million Ethiopians need food aid": http://edition.cnn.com/2008/WORLD/africa/09/22/ethiopia.drought.ap/index.html ECONOMIA "The Economist" analiza: "Airlines and the credit crunch: Shredding money": http://www.economist.com/business/displaystory.cfm?story_id=12267383"La Nación" publica: "Fuerte alza de las materias primas; récord del crudo: Tuvo la mayor suba en un día, del 17,8%; la soja aumentó 5,3%":http://www.lanacion.com.ar/nota.asp?nota_id=1052656"The Economist" publica su informe semanal: "Business this week": http://www.economist.com/displaystory.cfm?story_id=12274086"MSNBC" anuncia: "Oil near $108 as investors eye U.S. bailout: Investors await details of $700 billion plan to stabilize Wall Street": http://www.msnbc.msn.com/id/12400801/OTRAS NOTICIAS"New York Times" publica: "At U.N., Bush Reassures Leaders on Economy":http://www.nytimes.com/2008/09/24/world/24nations.html?_r=1&hp&oref=slogin "El Universal" de México informa: "Inicia hoy la Asamblea General de la ONU: El secretario general de la ONU, Ban Ki-moon, y el presidente de la Asamblea General, el ex canciller nicaragüense Miguel D' Escoto, inauguran una sesión en la que se tratarán los Objetivos del Milenio y la pobreza": http://www.eluniversal.com.mx/notas/540594.html"La Nación" informa: "Los discursos en la ONU se concentran en la crisis económica: La mayoría de los presidentes resaltaron en la apertura de la Asamblea General de las Naciones Unidas la delicada situación de los mercados mundiales; Ban Ki-Moon pidió "acción y liderazgo colectivo"": http://www.lanacion.com.ar/nota.asp?nota_id=1052733"MSNBC" anuncia: "U.N. chief: Rich nations must help Africa: Secretary-General says $72 billion a year needed to fight hunger, poverty": http://www.msnbc.msn.com/id/26839643/"MSNBC" publica: "Russia, China block new Iran nuclear sanctions: Talks among six nations on Iranian program cancelled amid U.S.-Russia rift": http://www.msnbc.msn.com/id/26859796/
