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.
[ES]Desde 1999, ocho países han iniciado formalmente procesos para hacer más permisiva la reelección presidencial, lo que constituye casi la mitad de los países latinoamericanos. Dentro de algunos de estos países se ha llevado a cabo más de un proceso de reforma durante el mismo período. Con lo cual puede afirmarse que, durante los últimos años, se ha asistido a una ampliación de los períodos de mandato del presidente. La mayoría de los casos han adoptado la reelección inmediata, aunque la novedad ha sido la flexibilización absoluta mediante la "reelección indefinida o ilimitada" que Venezuela y Nicaragua acogieron en sus reglas de juego. En este sentido, la investigación se plantea la pregunta: ¿Por qué en unos casos los presidentes que intentan modificar el status quo de la reelección presidencial -con el fin de hacerla más permisiva- consiguen sacar adelante la reforma y en otros no? En la estrategia de análisis se ha seleccionado todos los casos de presidentes o expresidentes que - durante 1999 y 2011- persiguieron la reforma constitucional para prolongar su estadía en el cargo como vía para asegurar su supervivencia política. Cabe resaltar que en los presidencialismos la reforma a los límites del mandato -siempre y cuando impliquen una mayor permisividad- es considerada como una condición necesaria para la supervivencia política de los líderes en el cargo. Trece casos presentan este tipo de intento de reforma. De ellos, siete resultaron exitosos (Venezuela 1999 y 2009, Costa Rica 2003, Colombia 2005, Bolivia 2009, Ecuador 2008 y Nicaragua 2009) y seis fracasaron (Costa Rica 2000a y 2000b, Venezuela 2007, Honduras 2009, Colombia 2010 y Panamá 2011). Durante el mismo período se pueden identificar dos casos en donde se limitó la cláusula reeleccionista constitucional que fueron Perú en 2000 y República Dominicana en 2010, ambos pasaron de la reelección inmediata a una con intervalos de espera. Estos dos casos obedecen a un fenómeno diferente del que se busca analizar en esta investigación, debido a que son procesos que demuestran el declive del líder reeleccionista y el impulso modificador de la oposición para abrir el paso a la alternancia en el poder. Por esta razón este tipo de procesos exceden los límites de la investigación. Se ha definido al presidente y expresidente como el actor individual que persigue el cambio. Con ello se reconoce la centralidad que amerita como figura clave en la investigación politológica, un rol que recientemente ha ido recobrando pero que, durante años, estuvo relegado . Es preciso señalar que el impulso continuista suele venir de la mano de presidentes de notable carisma, aunque con muy variado repertorio político e ideológico, de ahí que resulta difícil hacer una lectura general de los contextos en que se desarrollaron los procesos de reforma. Sin embargo, es posible afirmar que los programas de cambio de esta norma en unos casos sirven de fuente de inspiración para otros, al hacer visible el despliegue de las estrategias institucionales de cambio -aún en escenarios políticos e institucionales muy distintos-. Al contar con un número mediano de casos se ha privilegiado el análisis cualitativo comparado. Este método privilegia una concepción dinámica de los procesos y se orienta al análisis de los casos. De forma complementaria, los casos han sido construidos siguiendo una lógica histórico- comparada y las variables han sido analizadas mediante el establecimiento de conjuntos binarios. Es decir, se clasifican de acuerdo con categorías dicotómicas de ausencia o presencia de los atributos a los que se refieren las variables o condiciones causales. Se ha considerado que el proceso deriva en el éxito o fracaso de acuerdo con los recursos de poder -que constituyen las variables explicativas en la investigación- con que cuenta el presidente para hacer frente a las trayectorias de decisión. Así la popularidad, la formación de mayorías en el parlamento, la rigidez-flexibilidad de las provisiones constitucionales de enmienda y el control que el presidente ejerce sobre su partido; se convierten en los recursos clave con los que cuenta el presidente para sacar adelante su iniciativa de modificación del status quo. En la configuración de las estrategias se le da especial atención a los escenarios institucionales dentro de los que se desarrolla la reforma al convertirse en las arenas decisorias a las que recurren los líderes con el fin de lograr su cometido. Los marcos constitucionales hoy en día permiten casi de forma generalizada que referendos y cortes constitucionales funcionen como arenas con capacidad de decisión en materia constitucional, compitiendo con los parlamentos, que parecerían ser los órganos por excelencia para cumplir con tal misión. Al profundizar en la comprobación de las hipótesis se observa que los parlamentos son instancias sumamente costosas para los presidentes que buscan reformar los límites a la reelección presidencial. En general, los legisladores son hostiles a esta iniciativa que se comporta en una lógica claramente distinta a la de un proyecto de ley ordinario. Así, los parlamentos se convierten en un lastre para alterar el status quo en la materia, hasta el punto que no resulta beneficioso para el líder contar con mayoría legislativa. De modo que una estrategia más eficiente para el líder ha sido esquivar a los legisladores acudiendo directamente a otras arenas de decisión donde sus recursos en términos de popularidad y concentración del control partidista mantienen un fuerte impacto. De esta manera al abrir el abanico de los mecanismos decisorios, se abren las oportunidades para superar la estabilidad de la cláusula. Contrariamente a lo que ocurre con otras iniciativas de reforma, en la reelección presidencial el aumento de los actores con poder de veto, puede significar una ventaja para el éxito del líder, en la medida que la influencia del presidente puede ser más efectiva en donde la oposición es menor. Presidentes que en esos escenarios gozan de alta popularidad entre los ciudadanos y controlan las estructuras de sus partidos y de los espacios institucionales a donde este control llega, son proclives al éxito. ; [EN]Since 1999, eight countries have formally initiated processes to more permissive reelection , which is almost half of Latin American countries . In some of these countries have carried out more than a reform process during the same period. With which it can be said that , in recent years , we have witnessed an expansion of the terms of office of the president. Most cases have taken immediate reelection, but the development has been the absolute flexibility by "indefinite or unlimited reelection" to Venezuela and Nicaragua welcomed in their rules. In this sense, research the question arises: Why presidents in some cases attempting to change the status quo of the presidential election in order to make it more permissive - manage to take forward the reform and not others ? In the analysis strategy is selected all cases of presidents or presidents who - in 1999 and 2011 - pursued constitutional reform to extend his stay in office as a way to ensure their political survival. It is worth noting that presidentialism reform term limits - as long as implying a greater permissiveness - is regarded as a necessary condition for the political survival of leaders in office. Thirteen cases have attempted this type of reform. Of these, seven were successful ( Venezuela 1999 and 2009 , Costa Rica 2003 , Colombia 2005 , 2009 Bolivia , Ecuador and Nicaragua 2008 2009 ) and six failed ( 2000a and 2000b Costa Rica , Venezuela 2007 , 2009 Honduras , Colombia and Panama 2010 2011) . During the same period we can identify two cases where the constitutional clause reelection in 2000 were Peru and Dominican Republic in 2010, both went from immediate reelection to a waiting interval was limited . These two cases are due to a different phenomenon that seeks to analyze in this research, because they are processes that demonstrate the decline of reelection and the leader of the opposition momentum switch to open the way to the alternation in power . For this reason this type of process beyond the limits of the investigation. Defined and former president as individual actor pursuing change. This centrality it deserves as a key figure in the political science research, a role that recently has been recovering but for years was relegated recognized. It should be noted that the continuity impulse is coming from the very remarkable charisma presidents , although political and ideological varied repertoire , hence it is difficult to make a general reading of the contexts in which the reform processes were developed. However, it can be said that programs change this rule in some cases act as a source of inspiration to others, to make visible the deployment of institutional change strategies - even in very different political and institutional settings . By having a median number of cases has been privileged qualitative comparative analysis . This method favors a dynamic conception of the processes and aims to analyze the cases. In a complementary manner , the cases have been built following a historical-comparative logic and variables were analyzed by setting binary sets . I mean, are classified according to dichotomous categories of absence or presence of attributes to variables or causal conditions apply . It was felt that the process leads to the success or failure of the resources of power, which are the explanatory variables in the research available to the President to address decision paths . So popularity, the formation of majorities in parliament, the rigidity - flexibility , constitution amendment and control the president has over his party become the key resources that the President has to take forward its initiative change the status quo. In the configuration of the strategies is given special attention to the institutional settings within which reform takes place to become the decision-making arenas resorted to by the leaders in order to achieve its mission . Constitutional frameworks today allow almost across the board referendums and constitutional courts function as arenas with decision-making in constitutional matters , competing with parliaments , which appear to be the quintessential bodies to fulfill that mission. Rediscovering the testing of hypotheses shows that parliaments are extremely costly for presidents seeking to reform the presidential term limits instances. In general, legislators are hostile to this initiative that behaves in a clearly different from a regular bill logic. So , parliaments become a drag to alter the status quo in the matter, to the point that it is not beneficial to have legislative majority leader . So a more efficient strategy for the leader has been dodging the legislators by going directly to other arenas of decision where their resources in terms of popularity and partisan control concentration maintained a strong impact. Thus opening the range of decision-making mechanisms , opportunities open to overcome the stability of the clause. Contrary to what happens with other reform initiatives in reelection rising actors with veto power , it can be an advantage for the success of the leader, to the extent that the president's influence may be more effective where opposition is lower. Presidents in those scenarios enjoy high popularity among citizens and control their party structures and institutional spaces where this control comes, are prone to success.
Author's introductionIndigenous peoples are racialized, but this is not the only defining element of their identity. The sociological study of indigenous peoples informs political sociology, as indigenous peoples are a type of non‐state actor with a distinct perspective on the state and international governing organizations. The colonial power structure forced indigenous peoples to the margins of their homes and territories, which then changed rapidly around them without consideration of their voices. Today, indigenous peoples are recapturing the space to speak and they are challenging the societies that nearly overtook them and their lifeways.Author recommendsS. James Anaya 1996. Indigenous Peoples in International Law. New York, NY: Oxford University Press.This book examines the historical and contemporary issues regarding indigenous peoples and international law. Key topics include human rights, self‐determination, and negotiations with states and international institutions. The appendix includes the text of selected international doctrine related to indigenous rights. Anaya now serves as the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples.Roxanne Dunbar‐Oritz 2006. 'The First Decade of Indigenous Peoples at the United Nations.'Peace and Change 31: 58–74. DOI: 10.1111/j.1468-0130.2006.00342.xThis explores the role of indigenous peoples at the United Nations from 1974 to 1984. During this decade, the United Nations commissioned a study of the status of the world's indigenous peoples, a Conference on Indigenous Peoples of the Americas was held in Geneva, and the drafting of the Declaration on the Rights of Indigenous Peoples (approved by the General Assembly in 2007) began.Alexander Ewen 1994. Voice of Indigenous People. Santa Fe, NM: Clear Light Publishers.A publication including speeches by indigenous leaders to open the International Year of the World's Indigenous People at the United Nations on Human Rights Day in 1993. These speeches were given to a nearly empty General Assembly chambers.Ronald Niezen 2003. The Origins of Indigenism: Human Rights and the Politics of Identity. Berkeley, CA: University of California Press.Indigenous forms of resistance are distinguished from ethnic groups due to their political status. Niezen explores the emergence of the concept of indigenism, the international movement of indigenous peoples. The book examines the international response to indigenous peoples' assertions of sovereignty, diversity and commonalities across indigenous peoples, how assertions of self‐determination influence indigenous‐state and indigenous‐international governing organization relations, and the political implications of indigenous peoples' assertions of self‐determination. A brief concluding chapter names the key projects of indigenism: affirming local claims of difference, using the language and symbols of states in claims of self‐determination, and embracing the universal concept of human rights to protect and develop identity.Y. N. Kly and D. Kly 2001. In Pursuit of the Right to Self‐Determination: Collected Papers and Proceedings of the First International Conference on the Right to Self‐Determination and the United Nations. Atlanta, GA: Clarity Press.This book is a collection of conference papers from the First International Conference on the Right to Self‐Determination and the United Nations. It includes explorations of self‐determination in many political contexts: internal autonomy, secession, assimilation, restorative justice, nomadic, and international law. It also includes papers on interventions in a diverse array of cases. Conference resolutions and the titles and web addresses of pertinent documents are included.Franke Wilmer 1993. The Indigenous Voice in World Politics. Newbury Park, CA: Sage Publications.Writing from a world‐systems theory perspective, Wilmer explores indigenous perspectives on development, colonization, and civilization. She contrasts this with the priorities of indigenous peoples, particularly self‐determination, and concludes with a consideration of indigenous voices in world politics. The book also includes many resources in its appendices, including a chronology of events related to indigenous activism, a list of international documents pertaining to indigenous peoples, and the organizations participating in the UN Working Group on Indigenous Populations meetings.Online materialsUN Permanent Forum on Indigenous Issues http://www.un.org/esa/socdev/unpfii/ This is the official website of the United Nations Permanent Forum on Indigenous Issues. It includes links to all of the forums held, along with the extensive documentation produced by each series of meetings. News headlines are posted regarding indigenous issues within the UN system, and the organization's newsletter The Message Stick, is available here. Films and webcasts can be viewed, which document indigenous participation in the UNPFII.International World Group for Indigenous Affairs http://www.iwgia.org This organization publishes extensive reports on the status of indigenous peoples globally. There are annual reports and topical reports, as well, exploring political, social, and economic issues. The page also features a news blog which offers updates on indigenous issues, particularly political issues.The Indian Law Resource Center http://www.indianlaw.org The Indian Law Resource Center is a news blog about the latest legal issues on indigenous lands around the world. It features many resources available regarding key legal decisions and publications by the Resource Center on their work to gain justice for indigenous peoples, along with the annual report of their current work.International Indian Treaty Council http://www.treatycouncil.org One of the first organizations to work with the United Nations, the International Indian Treaty Council's website offers a host of documentation regarding indigenous peoples and the United Nations, including multiple drafts of the Declaration on the Rights of Indigenous Peoples. It also includes documentation on the many cases examined and fought by the International Indian Treaty Council. This website is an extensive reference for global indigenous claims. It also offers content in Spanish.Sample syllabusStudies of indigenous peoples and politics might contribute to units on justice or the state. This segment might also fit in a course on racial or ethnic diversity. I explore self‐determination in greater detail as it is a key issue to many indigenous peoples and it encompasses everything from the right to territory to linguistic rights to rights to traditional medicine, and more. This segment might also fit into more advanced courses analyzing rights or inequality. I do not recommend readings for the Examining Self‐Determination section as the readings will vary depending on your focus (topic or geography).Topics for lecture or DiscussionWeek I: Introduction and OverviewDefinitions, Problems, and Issues: who are indigenous peoples? What is their role in national and international politics?Reading:Keri Iyall Smith, 'A Review of the study of the Political Status of Indigenous Peoples in the Global Context', Sociology Compass 1/7 (2007), pp. 756–774.Week II–IV: Examining Self‐DeterminationExplore case studies of self‐determination at the local and global level. Exemplars might include: Native Hawaiians (Kanaka Maoli), Zapatistas, Inuit of Canada and the formation of the Nunavut Territories, and the role of indigenous peoples in the United Nations.Films and videosHomeland: four portraits of native actionThis film looks at the protection of American Indian homelands as a human rights issue and explores four different movements in Native America to protect the environment and indigenous lands: Penobscot, Gwich'in, Northern Cheyenne, and the Dine/Navajo people. The Penobscots are struggling with the state of Maine to sanction a polluting paper mill, the Gwich'in fight drilling in ANWR, the Northern Cheyenne are seeking to stop methane gas wells, and the Dine/Navajo are fighting to stop uranium mining.Peyote roadThis film explores the use of peyote by the Native American Church and the American perspective on the use of peyote. It follows the case of the landmark decision, Employment Devision v. Smith, along with the legislative change that followed this decision. The film also offers a look into the Native American Church with depictions of the role of peyote in ceremonial life.In the light of reverenceThis film explores sacred sites and the conflicts that American Indians face when trying to gain access to these sites to practice their religious beliefs. The film explores four different cases, including the Wintu seeking to gain access to Mt. Shasta and fighting the New Age believers who desecrate ceremonial lands, the Hopi dispute with private land‐owners over a peak in the Four Corners region, and Lakota Sioux seeking to gain access to Mato Tipila/Devil's Tower.Adoption of the U.N. declaration on the rights of indigenous peoplesThis is a brief film that documents the occasion of the adoption of the Declaration on the Rights of Indigenous Peoples. http://www.youtube.com/watch?v=azVhsiLNDZkFocus Questions
What are political challenges to indigenous peoples – locally and globally? What might be political opportunities for indigenous peoples – locally and globally? What strategies will allow indigenous peoples to attain their claims? Who are the indigenous peoples in your area? What are their claims? How has your community responded?
Project idea1. Socratic Dialogs. I use this technique to discuss complex problems from many perspectives. During the Socratic Dialog, the students do all of the talking, with minimal intervention on the part of the professor to referee the conversation as needed.During the term, we will often debate topics in Socratic Dialogs. In Socratic Dialogs, the class will respond to a well‐formulated question that requires personal responses from participants. The responses to the question will lead to a broader discussion, allowing the class to arrive at a consensus. You will be graded on your participation in Socratic Dialogs, both as Respondents and Questioners. Active participation will be rewarded! Respondents: Respondents will work in pairs to respond to a general question posed by the professor. They must also study the text closely and research the issue at hand in order to be prepared for follow up questions from the professor and classmates. Respondents will be assigned a question one week in advance to allow them to prepare. Each student will act as a Respondent twice during the semester. Questioners: When you are not a respondent, your role is to contribute to the conversation actively by asking questions, offering additional responses to questions, etc ... Use your own experiences to guide you in offering responses or asking questions.Some sample Socratic Dialog Questions include:Are tribal courts − in their contemporary or historical forms – an exercise of tribal sovereignty?Are Native Americans sovereign, even as domestic dependent nations?Is tradition a relevant source of legal doctrine for tribal law in contemporary times?How can sacred sites be preserved and sacred practices remain legal, given that American Indians exist within a foreign culture and state?Land has been called an engine of sovereignty. How can land – scarred by colonial history – also be an engine of justice for American Indians?2. Take Home Exam QuestionsIn my classes on indigenous issues I have used take‐home exams in the past. I find this to be a good way to keep the students thinking about issues as they are working, which is always my goal when writing examinations. These exams are designed to help students think creatively and critically about course readings, using them in a way that is different than what we did in class. These two questions focus on American Indian tribes and the American legal system, and the conflicts between these two political bodies. A. Why do we have a course that examines the clash between American Indian and American criminal justice systems? Provide at least three reasons. Use citations to support your claims and examples to illustrate your points. Be sure that you always explain why or how – do not assume that I know what you mean.B. As we learned at the beginning of class, legal structures are very important tools for communities, allowing them to express and protect their values. How does the clash of cultures continue to threaten sovereignty and simultaneously empower the authority of the American federal government? What can tribes do to escape the 'clash' with their sovereignty intact?
This paper identifies four primary drivers of proactive disclosure throughout history. The first is the need to inform the public about laws and decisions and the public's right to be informed, to know their rights and obligations. The second is the public's demand for the information needed to hold governments accountable both at and between elections. The third is the demand for information in order to participate actively in decision-making. The fourth is the provision to the public of information needed to access government services, which has expanded significantly in the past decade with growth of electronic access to services or 'e-government.' This paper attempts to advance the debate around that question by analyzing the multiple proactive disclosure provisions in national law and international treaties in order to identify the emerging global consensus on the classes of information which should be included in a proactive disclosure regime. The paper examines the practical challenges related to the implementation of proactive disclosure regimes and some of the lessons learned from which principles for making proactive disclosure work in practice can be derived. It concludes by identifying some future challenges and areas where additional research is needed.
Brazil grew 2.4 percent per year on average in the last 25 years-somewhat less than Latin America, a good deal less than the world, far less than the emerging countries of Asia in the same period, and indeed far less than Brazil itself in previous decades. If anything stands out favorably in recent Brazilian experience, it is not growth but stabilization and the successful opening of the economy. The purpose of this paper is more modest. It is limited to setting out the authors' particular view of recent efforts to consolidate democracy in Brazil while controlling inflation and resuming economic growth. At the same time the paper presents, as objectively as possible, some thoughts on the limits but also the relevance of action by political leaders to set a course and circumvent obstacles to that process. Here and there, the paper refers to the experiences of other Latin American countries, especially Argentina, Chile, and Mexico, not to offer a full fledged comparative analysis but merely to note contrasts and similarities that may shed light on the peculiarities of the Brazilian case and suggest themes for a more wide-ranging exchange of views.
Issue 34.3 of the Review for Religious, 1975. ; Review ]or Religious is edited by faculty members of the School of Divinity of St. Louis University, the editorial offices being located at 612 Humboldt Building: 539 North Grand Boulevard: St. Louis, Missouri 63103. It is owned by the Missouri Province Educational Institute; St. Louis, Missouri. Published bimonthly and copy-right (~ 1975 by Review [or Religious. Composed, printed, and manufactured in U.S.A. Second class postage paid at St. Louis, Missouri. Single copies: $1.75. Sub-scription U.S.A. and Canada: $6.00 a year; $I1.00 for two years; olher countries, $7.00 a year, $13.00 for two years. Orders should indicate whether they are for new or renewal subscriptions and should be accompanied by check or money order payable to Review ]or Religious in U.S.A. currency only. Pay no money to persons claiming to repre~nt Review ]or Religious. Change of address requests should include former address. Daniel F. X. Meenan, S.J. Everett A. Diederich, S.J. Joseph F. Gallen, S.J. Editor Associate Editor Questions and Answers Editor May 1975 Volume 34 Number 3 Renewals, new subscriptions, and changes of address should be sent to Review for Religious; P.O. Box 6070; Duluth, Minnesota 55802. Correspondence with the editor and the associate editor together with manuscripts and books for review should be sent to Review for Religious; 612 Humboldt Building; 539 Noah Grand Boulevard; St. Louis, Missouri 63103. Questions for answering should be sent to Joseph F. Gallen, S.J.; St. Joseph's College; City Avenue at 54th Street; Philadelphia, Pennsyl-vania 19131. Models of Spiritual Direction David L. Fleming, S.J. David L. Fleming, S.J., is Co-director of the Institute of Religious Formation at the School of Divinity of St. Louis University; 3634 Lindell Boulevard; St. Louis, Missouri 63108. Religious men and women today often find themselves in deep disagreement about the role of spiritual direction in their lives. The basic problem lies often enough in the inability to distinguish the various ways of understanding spiritual direction which have been developed in the Christian tradition. A. Models of Spiritual Direction lnspi~:ed by Father Avery Dulles' book, Models of the Church, 1 would like to propose a similar approach.to be used to better our understanding of spiritual direction. Dulles carefully makes the case that church has no single comprehensive definition, but as contemporary theology views it, church is in need of many models held simultaneously to gain a more adequate under-standing. In a similar way, I believe that we will come to a far richer apprecia-tion of spiritual direction if we consider various models which haye tried to capture what it is and how it works. The advantage of models in understanding spiritual direction, just as in working with the notion of church, arises out of the necessary obscurities of religious language and the area of religious experience. Spiritual direction deals with an ultimate level of religious mystery of a God and man love-relationship. As a result, our religious language should be looked upon as forming models because it can only approximate the object which it is trying to grasp. Whenever we use a model conception, we break the illusion that we are actually holding the infinite within the finite structures of our language. Moreover, a variety of models opens up the possibility of our not getting fixed upon any particular one and taking it as an idol. At the same time, through a 35'1 352 / Review for Religious, Volume 34, 1975/3 variety of models we will more easily allow for the greater expression of the subjective element which is at the core of,all religious experience. 1 will propose, then, five models of spiritual direction that are found in our Christian heritage. Spiritual direction can come in a group setting such as faith-sharing groups, small group discussions, or review-of-life groups. But here I will propose five models that deal only with personal spiritual direction, that is, one director with one being directed. For personal direction holds a privileged place in our tradition, and group activity does not eliminate its value or its need. 1 do not pretend that five models form an exhaustive list, but I think that it covers a help.ful spectrum of ideas about spiritual direction as it has come to be understood and practiced in the Church. The five models 1 have chosen are: I) direction as institutionalized; 2) direction as interpersonal relationship; 3) direction as charismatic; 4) direction as sacramental; and 5) direction as incarnational. ! will describe briefly spiritual direction as un-derstood in each of these models, touching somewhat on both the strengths of the model and the weaknesses. In trying to identify each clearly, I face the risk of caricaturing, but that is not my intention. All models should be valued and respected. I) Direction as Institutionalized Spiritual direction is institutionalized in the functions of the novice direc-tor, the designated spiritual director of a seminary, the tertian director, and sometimes the superior, especially as understood in the original role of the ab-bot or in the lgnatian idea of a superior. Direction in this model is carried out particularly by instructing in the spiritual and religious life. Spiritual direction is considered in terms of formation; it has a molding role, and so it connotes a certain control over a person's life development. Oftentimes direction in this model exercises a judgmental role because candidates for religious life or for the priesthood must be declared fit or not fit and so accepted or rejected. Spiritual direction in this designated job-form plays an important part in the Church today, just as it has in past centuries. Among the advantages of this model, the clarity of formation is assured, because the necessary instruction about spiritual development is not left to chance. Definite goals and some set means are a part of the direction ex-change, in this model, we find a certain control over the competency of the director since the "job" of direction was assigned usually by superiors who have judged a person's fittingness for such a role. From the letters of St. Paul giving direction to communities and to individuals, through the early models of direction by the desert fathers, we find deep in Christian tradition the bases of this institutional model. But a number of weaknesses are also apparent in this model. Obviously freedom is minimal in setting up the relationship of direction since the one be-ing directed must subject himself to the person whose function it is to fulfill the assigned job as director. Direction seems to be more a matter of imposition of Models of Spiritual Direction life style and spiritual practices than an evoking of personal growth. Direction also appears to be quite limited in time-value, for it covers primarily the for-mational period or, beyond that, the possible crisis period which needs infor-mation or judgment. 2) Direction as Interpersonal Relationship In this model, spiritual direction is defined primarily in terms of a per-sonal relationship--the closer the friendship the better. Direction, then, usually has the aspect of friendly sharing and loving support. While still main-taining the interpersonal basis, this model of direction sometimes makes studied use of psychological techniques, e.g. the transactional analysis methods. Even with the possibility of a certain psychological approach being consciously employed, direction attempts to focus equally upon the interper-sonal relationship of the two friends (the one directing and the one directed) and the growth in a life-response to God. Frequently in this model, the two people involved exchange roles of director with each other so that spiritual direction becomes a mutual involvement. The strengths of this model are evident in the presence of the love, care, and concern which permeate the relationship in all its aspects. As in any friendship, the free gift of self to each other is assured. Self-disclosure with all its dreams, ideals, fears, and disappointments flows very naturally as the friendship continues to deepen. While contemporary attitudes, especially in reaction to the institutional model of direction, favor this kind of approach, historically it also rests on strong evidence from the example of various saints' friendships with each other and from the written correspondence of direction. When we consider the weaknesses, we note that such a model may overstress the humanistic and so not allow for the distance between reason and grace, which never perfectly coincide. Even though in one sense friends can speak up honestly and forthrightly to each other, in another sense their lack of distance may blind each other to the very areas which need attention. Sometimes even the best of friends find that they are frozen in speaking about one or other area because of the delicacy of the love relationship between them. Another difficulty arises when psychological techniques enter into the picture too consciously; we may find a good helping relationship, but one which takes very little notice of the presence of God or the dynamism of grace. 3) Direction as Charismatic Spiritual direction in this model finds a basis in the diakrisis or discretio of St. Paul's grace-gifts within the Body of Chrigt. Because of the stress upon the special character of this person who is truly a "spiritual discerner," spiritual direction itself is seen as a rarity. St. Teresa of Avila is often quoted in support of this viewpoint because she said that only one person in a thousand is capable of direction work. Just to make the point more clearly, St. Francis de Sales is cited for his observation that a director may number only one in ten thousand. 354 / Review for Religious, Volume 34, 1975/3 Following the biblical image of forgiveness as seventy times seven, both saints are not using modern statistics, but rather they are indicating the special gift which is demanded of the director in spiritual direction work. For spiritual direction as understood here is defined more in terms of insight or infused in-tuition from God. Direction has an aura of the marvelous about it. The emphasis seems to focus more on the arcane directions which will be given to the person directed--special divine messages which come from the "reading of a soul" by the inspired director. The strengths of such a view certainly include the great stress made upon the gift-notion of spiritual direction. Direction in this model catches up two people in the atmosphere of the divine, and the process receives its proper emphasis of being more than human technique and human response, it does point up that a "seeing deeper" with the eyes of faith highlights the relationship of direction. There is a certain basis in both the Old and New Testament, and some examples in Christian hagiography to support such a viewpoint. The weaknesses become apparent in the over-significance attributed to the power of God's grace--looking for its presence only in the spectacular or the marvelous. It seems to restrict God's gifts far too much to the extraordinary in the light of human judgment. As a result, spiritual direction itself becomes an extraordinary means in the life of the Church spiritual tradition. But the history of spirituality does not support this conclusion. 4) Direction as Sacramental Spiritual direction has long been seen in terms of a sacramental model because of the confessor-penitent relationship in the sacrament of penance. Because of the sacramental grace of priestly ordination, the priest himself was seen to be a very special instrument of God and to embody the gifts of ministry which we find in the writings of St. Paul. The words which a priest speaks, then, have greater importance than mere human opinion or advice because they are spoken by God's human representative. More particularly, within the sacrament of penance the priest-confessor often has words of advice or counsel. This context becomes the only true setting of spiritual direction because of the certain ex opere operato effect of words spoken within the sacramental encounter. Such counsel within the context of the sacrament takes in, not just the area of sinful tendencies, but all the attitudes and ways of acting which relate to the God-orientation of a person's life. The advantages of this model include the emphasis given to a more balanced sense of the sacrament of penance. Confession itself is not a mechanistic forgiveness; it has a human relationship involved between the priest-representative of the Church and the penitent. There is no doubt that God-inspired words of counsel or advice do take place in the sacramental con-text. Yet as every priest knows experientially, such words cannot be presumed automatically--one flagrant handicapping of God's action being the prepared Models of Spiritual Direction / 355 little "sermon" which each penitent, no matter what he may confess, may receive on a particular Saturday confession period. But two-human beings, so consciously aware of the special presence of God in the sacramental relationship, are both more readily open to the word of God being spoken and being received. The merit of this viewpoint rests upon a long tradition stem-ming from the penitential manuals of the Irish monks of the eighth century to the more contemporary confession manuals dating from the seventeenth cen-tury in which direction brings a fullness to and finds its proper setting in the sacrament of penance. The weaknesses of such a model are found in the restrictions which it puts upon spiritual direction itself. Because of the sacramental setting, a priest is the only qualified spiritual director. Direction, then, flows properly from the ministry of priesthood. If other men and women carry on this work, it is only as "secondary" helpers to the priest who gives over to them this function. This viewpoint seems to take for granted that priesthood ministry inclu.des all the ministries to be found within the Church, but this conception has no sound basis in scripture or tradition. Direction in this model also takes on too magical a sense in that whatever is said within the context of the sacrament becomes true spiritual counsel. 5) Direction as Incarnational This model of direction is one that is probably receiving most attention to-day in the revival of the practice of spiritual direction. The name incarnational given to describe it calls a little too ostentatiously to the Christian connotation of God-becoming-man. Spiritual direction takes it place among the many "fleshly" means which make up God's ordinary way of salvation as un-derstood in Christianity. From Jesus Christ through the Apostles down to our own contemporary Church, we know that God has a design of salvation mediated by our fellowmen. Direction, then, is seen in its ordinariness of one man helping another to clarify and objectify God's will in his life. At the same time, direction is known to be a relationship of two persons caught up in the presence and power of God in this very ordinary encounter, and so both are aware by faith of the privileged grace-time which direction makes available. Elements which are present in the incarnation of the God-man have their analogous components in the direction relationship. Human preparation, faith, and an openness to the movement of God are necessary, and then a recognition that any true fruition of the direction relationship comes from the Spirit. This model of direction is also properly identified as incarnational in that no aspect of a person's life is left apart from the direction context, since man as a whole--physically, psychologically, and spiritually--must grow in his response to God's unique call to him. The advantages of this model are especially seen in terms of the developments of our own day. It presents a conceptual notion of direction that is deeply in tune with the whole process of renewal in the Church. It builds 356 / Review for Religious, Volume 34, 1975/3 upon the richness of contemporary scriptural and theological studies, par-ticularly in the areas of Christology and Ecclesiology. It maintains a sure emphasis on the humanness of this relationship in direction, while still placing the solidity of growth as a God-empowered gift. Direction in this model is an ordinary means of spiritual growth in the embodied spirituality which is Christianity. This way of understanding direction has good foundation in both scripture and tradition since we find God acting through men in giving advice and warning (e.g. Jeremiah), in making a person aware of how to listen to God (e.g. Samuel and Saul), in clarifying and objectifying a response (e.g. David and Nathan), and in instruction (e.g. Ananias and Paul). The example con-tinues in the many volumes of spiritual writings and letters which we have as a legacy from holy men and women in our Catholic history. The weaknesses of this model arise somewhat from the novelty of its recent re-emphasis. It may too easily be seen as a good human relationship sprinkled over with pious words about God's will. Direction may look so ordinary that the only conclusion to be drawn is that everyone needs it and is capable of profiting from it and just about everyone has the ability to give direction. Then, too, taking in the whole of one's life as the subject-matter seems to leave this model of direction open to a lack of preciseness--no clear understanding of the concerns of direction or the ways of going about it. In a similar way, direction seems to lack clarity about the quality of this spiritual relationship--mixing friendship and distance or professionalism, and or-dinariness and the sense of the holy. B. A Model of Models? In review, all the models have played and do play an important part in our full understanding of spiritual direction--what it is, who does it, to whom it has value, how to go about it, and so on. What 1 hope to have shown is that we can understand spiritual direction in various ways (not just one right way), and that as a result there are various expectations on the part of the director and the one being directed, various methods of directing, and even different ways of valuing its importance for mature spiritual life. To try to reduce the various models of spiritual direction to a single one is to lose sight of the incomprehensible richness of religious experience which forms the content of direction. Neither the strengths nor the weaknesses of the various approaches or models are neatly reducible to a single model. Even after describing each model in its purity, we should be aware that a blending often happens in ~ictual praciice. What we tend to do is to make one model our pivotal model for adapting and understanding other ways of functioning in spiritual direction. But to hold one model as pivotal is quite different from maintaining that there is only one way of understanding and practicing spiritual direction. If I were to opt for a pivotal model for our own day, 1 would choose direc-tion described as incarnational. I believe that it allows for a greater understand-ing of the continuing importance of spiritual direction, especially for the men Models ojSpiritual Direction / 3!i7 and women who have recognized or who are in the process of recognizing the call to specialized ministry roles within the Church. It also more easily allows for the importance of other understandings of direction and other methodologies according to circumstances, though it maintains an adequacy for its own method as a common pattern. Far more work must still be done to gain .an appreciation of the richness which we possess in the Christian practice of spiritual direction. Presently, to be able to hold the different models of direction in tension allows us to draw a little closer to a more adequate truth and a more varied beauty which encompass the mystery of spiritual direction ministry. Creative Response To A Call Within "The Call" Sister Marie Gatza, I.H.M. Sister Marie Gatza, I.H.M., participated in the Workshop of National Vocation Directors which met at Mercy Center in Farmington, Michigan, during the summer of 1974. She is Assistant General of the Sisters Servants of the Immaculate Heart of Mary; Saint Mary Convent; Monroe, Michigan 48161. The area of "Transfer," is, I am told, fast becoming a matter of concern among Vocation Directors. In the past, there have been rare instances of transfers centered mostly on permissions given to leave an active for a con-templative congregation, a less strict order for a stricter one. However, the topic of "Transfer" is a relatively recent new-comer among religious life con-cepts within Congregations of women in the United States, and so not too much has yet made its way into current literature. Opportunities to learn more about the idea of "Transfer,'" "therefore, come best through situations like the workshop of Vocation Directors at Mercy Center in Farmington where during the Summer of 1974, I had the privilege of contributing the ideas developed in this essay. In trying to think how I could most effectively focus the concentration of workshop members on the topic of"Transfer," 1 found that four key questions readily surfaced: I. Why would a Sister desire to leave her parent Congregation? 2. What factors greatly influence the thinking of Sisters in their search for a Congregation into which they can transfer? 3. What motivation would impel a Congregation to welcome into its membership a Sister who has already finalized her commitment in another Congregati6n? 358 Creative Response to a Call Within "The Call" / 359 4. Given mutuality on the part of the Sister to enter and of the Congrega-tion to receive, what procedural steps are basic to achieving the transfer of a Sister from one Congregation to another? I would like to treat each of these questions, now, in some detail. Then in addition to these four questions, it seems well to attend, even briefly, to the beginnings of evaluation of the concept of "Transfer" as we perceive it operating today within religious Congregations. I Why do Sisters feel convinced that they must leave the Congregation in which they pronounced Perpetual Vows? Because the reasons given by each of the Sisters cited here are so in-dividual, it would not be wise--or even possible--for me to generalize in response to this question. What we can do, however, is to take some mini-glimpses into the lives of a few Sisters who saw "Transfer" as vital to the continuance of their religious commitment. From them we may learn that the motives which led Sisters to request transfer are many and varied. My first example is SISTER P who had been for almost twenty years a member.of a cloistered Congregation, which recently, as a matter of entering into renewal of Religious life, permitted coursework for its Sisters on the cam-puses of nearby Catholic colleges. Sister P was greatly enthusiastic about her opportunity for college education, and discovered that she had a gift for and a great desire to impart knowledge to others in a classroom situation. She found the world of apostolic teaching increasingly fascinating, and at the same time was aware of a persistent questioning within herself as to whether she was really fitted for, or any longer drawn to the contemplative life, despite the years she had already spent within it. She asked for a leave of absence in order to test out her vocation in a Congregation whose main apostolic thrust is education. SISTER N became a candidate in the Congregation of her choice after completing secondary school, and entered, with apparent enthusiasm, into full-scale studies toward becoming a teacher in the Congregation's apostolate of education. Toward the end of nearly twenty years of service in various schools, and maintaining only love and reverence for her own active congregation, she felt the persistent call of the Lord to continue'her religious life in a more con-templative setting. Her transfer to a contemplative community was, therefore, effected. SISTER T's story is a second testimonial to the fact that transfer is a two-way proposition: some come, others go. 360 / Review for Religious, Volume 34, 1975/3 Sister T, brilliantly endowed intellectually, chose to transfer from the original foundation Motherhouse of her congregation to one of its branches. Her choice for this action seemed to be motivated by the fact that the style and tempo of that community much more surely encompassed her thoughts on renewal in religious life than did that of her own Congregation. When SISTER S first came into contact with the congregation into which she ultimately transferred, she was in her early thirties, and had already been questioning her current situation in religious life. Sister S's diocesan Com-munity consisted of only thirty-four, mostly older members, who in Sister's es-timation had not sufficient theological background to enable them to cope with renewal. At the offset, Sister's motivation for approaching another religious con-gregation was primarily one of a desire to earn her degree. In the course of completing her studies, she came into close contact with the life-style of the faculty, Sisters who were her peers in the Juniorate, and a number of other Sisters belonging to the Congregation which staffed her college. At gradua-tion, Sister realized that the determination to transfer was still much alive within her, and took a most natural next-step: seek transfer permanently to that congregation. SISTER G, educated in elementary an'd secondary schools staffed by Sisters dedicated primarily to education, chose to enter another congregation whose apostolate included social work, for which she felt-a strong inclination. Ironically, at the time she requested entry into religious life, the congregation of her choice was in great need of teachers rather than of social workers, and so, Sister G was educated for the teaching field, a profession in which, however, she learned to find joy and satisfaction. After 19 years in community, Sister G's mother became ill and was in desperate need of her help. Sister appealed to her Provincial, requesting to live and teach with the group of Sisters in the town where her mother's home was located, a move that enabled her to be closer to her mother. Because Sister G's congregation at the time did not approve of inter- Congregational living situations, she was required to take a leave of absence in order to'care for her mother. Sister's two years of leave were painful ones for her in that she felt an absence of support from her Congregation, and grew in-creasingly concerned that her request to care for her mother in this way had displeased her former superiors. A sense of disappointment,-discouragement and alienation resulted. Meanwhile, her conviction of being at home and loved in her temporary living situation became more compelling, and Sister's thoughts focused on the advisability of asking for a transfer. Her present status 'is one of preparing to finalize her commitment to the Lord in her new Congregation. SISTER M is a promising young Ph.D., gifted as well with an unusually Creative Response to a Call Within "The ('all" / 361 strong sense of commitment to religious life, and a very real love and loyalty to her own Congregation. Sister M's reason for seeking transfer is expressed clearly in this sentence taken from one of her letters: "I am reluctant to make this transfer, but have found peace of mind with the decision, since affiliation with the community, ¯ promises greater freedom to respond to the heart of my religious vocation and to the needs of the Church as ! understand them." Interestingly, Sister M is at the present moment making one last effort to work things out with her own Congregation. I do not know whether or not her transfer will materialize. These examples, though few, indicate that reasons for thinking of transfer are much conditioned by a variety of circumstances in which Sisters find themselves. I1 What considerations greatly influence the thinking of Sisters in their search for a specific Congregation into which they would hope to transfer? I suppose that it would be next to impossible to make a comprehensive listing of the factors influencing Sisters in their search for another Congrega-tion in which they can live out the religious cohamitment already begun in the first, their parent Congregation. It is my experience that most Sisters who are interested in a possible transfer express in some way a feeling of affinity with the "new" Congrega-tion, and a supportiveness toward its thrust in Renewal. Where a House of Prayer has developed, for example, many Sisters relate very positively to the significance accorded this growing movement in the Christian life of our day, and are attracted by the centrality of importance accorded to both personal and communal prayer. Again, a basic belief in, and an inner assurance of, competency in relation to the apostolate of the new Congregation seems to enter significantly into a Sister's choice of a Community to which she might like to transfer. Sometimes, style Of living is an important consideration. A person's contact in childhood with the elected Congregation, that is, in elementary or secondary school years, or contact with members of a given Congregation in adult years may influence the Sister'.s decision to opt for one Congregation rather than another, if a transfer is sought. Occasionally, a more insightful approach is brought to the resolution of this question, i.e. "which Congregation?" ! recall, for example, a Sister who had entered religious life as an Aspirant after completing the eighth grade. Twelve years later, having pronounced perpetual vows, Sister asked to be ex-claustrated from her Congregation for the purpose of searching out whether religious life should c~ntinue to be her life-style. Her searching she did under direction, concluding that, yes, religious life was, indeed, what the Lord was :362 / Review for Religious, Volume 34, 1975/3 calling her to live; bt~t not, however, within the Congregation she had entered. After asking herself what it was within the spirit and heritage of her own Congregation that had been most helpful and inspirational to her, really at the heart of her vocation, Sister contacted better than a.dozen Congregations ask-ing for brochures. These she studied for indications of the traits that best em-bodied the spirit of the Congregation in which she had made her vows. In the end, it was the Congregation which she thought did this best that she ap-proached asking for a transfer. But whatever the method used, or whatever the degree of logic or clearness of purpose perceived by the Sister considering transfer, I believe it is fairly safe to say that the seeker is hopeful of finding in the new Congregation cir-cumstances that will be favorable for her living, in some rewarding way, a commitment which means very much to her; circumstances which for some reason or other may have been painfully absent in her life in Community up to this point. III What would be the motivation of a Congregation which welcomes as a new member o fits own a Sister who has already lived under permanent profession within another Congregation? First off, let's clarify one point beyond any confusion. There is probably small encouragement in the Church for supporting transfer at all. The nature of religious commitment, as it has been historically understood and accepted, i.e., "Community", "family", "leader-followers" concepts, argues for permanency within the parent Congregation. We have learned to speak of the "charism" of a Congregation: that unique spirit that characterizes a group of Sisters as a religious Congregation. Although it is hard to put one's fingers on exactly what it is that distinguishes one Congrega-tion from another, no one will deny that there is a certain something, a family bond or spirit which is recognizable to the members, and, to an appreciable ex-tent, able to be detected by outsiders, as well. In some effective way, it seems that the act of transferring from one Congregation to another has to take this matter of Community-charism into consideration. Granting this fact, even slight reflection leads to the conviction that transfer is not an action one opts to pursue lightly when life's more adven-turous movements taper, off into routine. No. To transfer from one's Congregation to another can result in virtually total uprooting, loss of friends, and severance from all that has been familiar for the individual. Should transfer become a more.common pr~actice, we could anticipate con-sequences for the parent Congregation, also. Loss of morale within the ranks, and diminished confidence in the Community outlook and thrust on the part of many of the members can develop exceedingly fast, as we have all learned through our own decrease in numbers sustained in recent years. Creative Response to a Call Within "'The Call" / 363 These considerations being so, a large number of transfers could hardly be thought desirable. One might ask, then, why do leaders of Congregations entertain the idea of transfer at all? Their motivation has to arise from a basic reverence for each individual call to religious life, and a desire to support a fellow Sister in her efforts to re-main faithful to her vocation, even if it means a painful re-planting. Those sup-porting transfer would have to act from a willingness and desire: a. to provide for a Sister some "time" and "space" away from her Congregation in which she can be free to sort out priorities while still being basically observant of the life style of a religious, -or-b. to provide a Sister with an opportunity to embrace the life and mission of a new Congregation for the sake of remaining faithful to her commit-ment to Christ, when it becomes apparent that she can no longer achieve this end within her own Congregation, -or much more rarely, willingness to engraft upon one's own Congregation (as was recently the case within a diocesan group in one of our Eastern States) a whole Com-munity of Sisters when a basic similarity of spirit, or charism prevails in the two Congregations in question. These thoughts indicate in some way, why a Congregation is sometimes willing to accept Sisters asking for a transfer. IV Given a Sister who believes she needs to have a new setting in which to continue living her religious vocation, and given a Congregation willing to think of her as a potential new member of its own, what must be done? The essentials are not too numerous, in my .experience. a. Willingness of the General Superiors of both Congregations to allow and welcome the fact of a transfer, is undoubtedly, of the essence. b. Some good help provided the Sister in discerning whether transfer is, in-deed, the Lord's will for her seems essential too. c. And, of course, proper transactions with Rome are required for the ob-taining of the needed "paper"--the Rescript of Transfer. Of these three, the step which admits of many specifics is the second one; the discernment process. Taking more time than not enough at this point, and being free to meet the individual needs of the Sister is a matter that must 364 / Review for Religious, Volume 34, 1975/3 receive priority at all costs. The space of a year, or more, can very profitably be employed in initially resolving the question of whether it would be mutually advantageous to bring about a transfer, and then of building a readiness for a transfer which is directed to future personal and apostolic fruitfulness for the Sister and for her new Congregation. In my Congregation, which has been open to requests of Sisters to transfer, dealing with Sisters who are thinking about this possibility is a work delegated to the Assistant of the General Superior. It is her responsibility as contact per-son to keep the General Superior and Provincials aware of the Sister's progress at stated times throughout the year. It is also understood that the contact person in some suitable way perform the following duties in re to the Sister seeking to transfer: I. The Contact person enables the Sister to find a situation in which she will live and work among her new Sisters as an actual member of her own Congregation for at least one year before any formal request is made to Rome. During this year a two-way evaluation is on-going: on the part of the Sister who is acquainting herself with the new Com-munity; and on the part of the chosen Community which tries to ask honestly: "Can our Congregation assist this Sister in her living of a healthy religious life and further our Community interests as well by welcoming her into our midst?" 2. The Contact person makes efforts to assist the Sister to become familiar with the members of the elected Community and their life-st'yle, Constitutions, prayer, Community history, and so on. 3. She arranges a realistic and practical system of contacts by means of which she herself, will keep in close contact with the possible transfer- Sister throughout the year. 4. It is her responsibility to establish, as well, during the year, some means of contacting the Sisters residing with Sister-transfer to see how they in-teract with her and she with them. 5. The Contact person may significantly assist her Superior in preparing the portfolio of materials needed to formalize the transfer at Rome, and within both Congregations of Sisters. 6. She enters into facilitating plans for the liturgical celebration marking completion of transfer. 7. She, finally, keeps files current: documents, letters, various com-munications. These suggestions form'at least a working outline of practical steps that will take on significance during the discernment period, especially. Here, then, are some thoughts on each of the four questions presented in the beginning of this essay. I have shown that transfer from one Congregation to another is possible; and while certainly not giving the last word on how it can come about, I have indicated the outline of a procedure for a starter. With Creative l~,esponse to a Call Within "The Call" / 365 all of this, ~owever, there is a yet unasked, but key question that must be sur-faced: I When all the externals and!formalities of the transfer have been com-pleted; when the document~ have been validated; when the ceremonial commemorating the event l~as become a matter of history, it still seems imperative to ask: Did a transfer really occur? Is it possible for a person to sink permanent roots in new soil twice in the space of a single, human lifetime? What sort of on-going~considerations would have to be borne in mind by the "new" community and satisfactorily dealt with by the transferred Sister so that she will not: -- be constantly lone!y? -- be often lacking in ~nderstanding because her past is so foreign in many ways fro~ the past of those with whom she now lives? -- be many times Iook~ing backward to a chapter of her life which is largely unsharable with others and now closed even to herself?, These questions--very real and, sometimes, harsh, lead one, unerringly to the ultimate question: "For h~w many can transfer really be an alternative'?" This presentation really c~uld end with the question 1 have just posed. Ho ever, as a kind of epilog~te, let me ask one further: w'what would happen were it possible for a Sister to live within another Congregation on an extended leave until such time arrived at which she could return in dignity an~ peace and joy to her own Congregation?" Might not this be an unusu~ai service of love that a Congregation could ex-tend not only to an individual ~eligious, but to its Sister-Congregation, as well? it's worth a thought! I Integrity in the Religious Life Sister Mary John Mananzan, O.S.B. Sister Mary John Mananzan is attached to St. Scholastica's College; 2560 Leon Guinto, Sr. St.; P.O. Box 3153; Manila, Philippines. There are virtues which are so all-encompassing that one can explain the other facets of religious life through them. It is not infrequent to explain religious life primarily through one of the vows--(of poverty, of chastity, and obedience) or primarily as a life of love and from there explain all its other features. One such encompassing virtue which, however, is rarely used to view religious life, is integrity. And it is not infrequent that religious people who ex-hibit m~iny external manifestations of virtue can be lacking in integrity. This lack of integrity .can be so subtle that such religious people become a real problem to honest but simple people who deal with the.m. These cannot put their .finger to a particular fault but somehow .they feel something is wrong somewhere. This article will try to analyze situations that exhibit the presence of integrity or the lack of it particularly in the religious life. Integrity is a many-faceted word. Its nuances encompass different but related levels of meaning--from honesty to wholeness of being. But all along this spectrum of meaning runs a single beam that relates them to each other, namely TRUTH. Integrity describes the many aspects of being true. That is why it is a basic virtue. Without it all other seeming virtues are a show and the lack of it makes any manifested virtue suspect. The most basic meaning of the word is "wholeness" or oneness. A religious who is a "whole" is one who has achievi~d a certain harmony in his being, which presupposes a basic self-understanding and self-acceptance. Further-more he has a certain sense of reality and a coherent system of values which form the framework for this authentic self-awareness. Most religious tend to mature intellectually before they do emotionally and morally. There is thus a Integrity in the Religious LiJ~" / certain incongruence and inconsistency in their life. They can give very good lectures, sermons, or write beautiful articles about behaviour, attitudes or vir-tues which can be sadly lacking in their lives. The catching up of one's emotion and one's will with one's insight is a progressive growth in integrity and wholeness. This tendency of the earlier maturation of the intellect may explain the expert way religious.can rationalize actions which deep in their heart they feel guilty about. Laymen can be more honest about their faults than many religious because they don't need to live up to an image. Religious on the other hand have to live up to the imperatives that rule their lives--the imperative to perfection, the imperative to excellence, the imperative to fidelity, the im-perative to unselfishness, the imperative to sacrifice, etc. There is thus a ground for varying degrees of hypocrisy in the religious life ranging from unconscious inconsistency, through semi-conscious in-congruence to alarming schizophrenic tendencies. In this connection, one can look at the crisis of celibacy today as the crisis of integrity. Celibacy can be viewed as the virtue of integrity par excellence. The fact that physical integrity is a sign of virginity is a significant symbol of the main characteristic of celibacy which is personal wholeness. Lived celibacy is not just renunciation but it is at the same time a fulfillment--namely the coming together of heart, mind, body in a singleness of purpose of serving God and being wholly there for others. Any religious who has had a crisis of celibacy must have undergone the literally heart-rending experience of being drawn to two poles--to the demand of the religious life and to the preoccupa-tion with the person with whom one is emotionally involved. Even without indulging in sexual relationships this inner splitting of one's heart threatens one's integrity as a religious. Sooner or later one will reach a critical point which can result in two ways: It can result in a greater wholeness, in a greater integrity due to a conscious re-direction of one's being to one's religious commitment or to a totally new way of life. But it can also lead to disintegration in one who refuses to heal the dichotomy of his heart. At this point all the other forms of lack of integrity will come in--justification, dis-simulation, outright deceit. The more clever the religious the more ingenious the rationalization. The whole of theology can be overhauled to justify the in-fidelity of the human heart, In those who have come to the point of indulging in sexual relationships, the element of passion comes in which blinds them to an almost unbelievable degree. It is not just a matter of moral disintegration that ensues; it can mean a disintegration of pe~sonality. Whole articles can be written about the so-called "third way." Here, only its effect on one's integrity has been discussed. Less dramatic but nevertheless harmful forms of lack of integrity can be found among religious. Where positions of power are held, there certain danger to one's integrity is present. As has already been said, the imperatives of the religious life conditions the failings of religious to be less glaring, less gross, more subtle, more refihed, and consequently more insidious. One can, 361~ / Review for Religious, Volume 34, 1975/3 for example develop a way of manipulating facts to serve one's purposes, it is not a matter of downright deception or lie but a way of leaving out facts or choosing them or presenting just an angle of them in order to get what one wants. One cannot put a finger on any downright falsified item but the whole thing is a lie nevertheless. The manipulation of reality can be so subtle that only the most clever can see through the whole scheme and yet ordinary people have an uneasy feeling about it. A more serious form of this lack of integrity is the manipulation of people. It is bad enough to manipulate facts, it is worse to manipulate people. There are clever persons who can play on the weaknesses and strength of other people to their advantage. When one has a project all wiles will be exerted to manipulate people into it. This can lead to sickening forms of "false sweetness," to borrow from the little girl who transformed the 8th commandment into--"Thou shal( not bear false sweetness against thy neighbor." For a positive treatment of integrity, one has to go back to the basic mean-ing given earlier in the article, namely--wholeness. There is in the religious who has achieved a certain amount of integrity, a certain consistency and con-gruence which gives his personality an identifiable core. This gives him a cer-tain reliability and trustworthiness lacking in "shifty" personalities. One. knows where one stands with him. One is aware of encountering someone who remains what he essentially is in differing circumstances. He is real! This solid ¯ reality of his personality is, moreover, transparent, not made opaque by masks, pretensions, dissimulations, or defenses. He is by this very fact vulnerable, because he does not change color like a chameleon or become elusive like an eel. Therefore his weak points are apparent and open to attack. But even this vulnerability is an asset because it is what makes him at home with all men. The link that binds human beings is most often their capacity to be hurt rather than their invulnerability, their common misery rather than the superiority or achievement which set some apart from others, It is a vulnerability that survives being pierced without falling apart. The process of personality integration is an on-going one. A person who has reached a certain degree of integrity continues to make experiences which are to be integrated into his personality if they are to become meaningful to him. One's integrity when one's world is still relatively simple is qualitatively (not only in degree) different from that which one has achieved after going' through major life experiences. There are experiences that are more easily in-tegrated than others because of their familiarity and relative lack of impor-tance. Utterly new experiences, shattering or overwhelming ones are more dif-ficult to integrate. These can cause crisis situations. A person of integrity however, can undergo the most serious crisis, even one caused by his own failings and therefore incurring real guilt without suffering a personality dis-integration. He somehow arises from the ruins battered but whole. He is able to integrate even these negative experiences into his life making him richer and. even more whole because of the confirmation of the links that unite his per-sonality. Integrity in the Religious Life / 369 This is probably the reason why religious who sense an inner integrity in their being tend to take more risks and are less bound by conventions or legalistic observance of rules. They have a sure instinct for what is right, what is true, what is demanded by a situation, what is false or genuine in people they live with. Because of all these, they enjoy an inner freedom which makes them more creative and innovative in the living of their religious commitment. Reprints from the Review "The Confessions of Religious Women" by Sister M. Denis, S.O.S. (25 cents) "Institutional Business Administration and Religious" by John J. Flanagan, S.J., and James I. O'Connor, S.J. (20 cents) "Authority and Religious Life" by J. M. R. Tillard, O.P. (20 cents) "The Death of Atheism" by Rene H. Chabot, M.S. (20 cents) "The Four Moments of Prayer" by John R. Sheets, S.J. (25 cents) "Instruction on the Renewal of Religious Formation" by the Congreg~ition for Religious (35 cents) "Meditative Descriptiori of the Gospel Counsels" (20 cents) "A Method for Eliminating Method in Prayer" by Herbert Francis Smith, S.J. (25 cents) "Religious Life in the Mystery of the Church" by J. M. R. Tiilard, O.P. (30 cents) "Profile of the Spirit: A Theology of Discernment of Spirits" by John R. Sheets, S.J. (30 cents) "Consciousness Examen" by George A. Aschenbrenner, S.J. (20 cents) "Retirement or Vigil?" by Benedict Ashley, O.P. (25 cents) "Celibacy and Contemplation" by Denis Dennehy, S.J. (20 cents) "The Nature and Value of a Directed Retreat" by Herbert F. Smith, S.J. (20 cents) "The Healing of Memories" by Francis Martin (20 cents) Orders for the above should be sent to: Review for Religious 612 Humboldt Building 539 North Grand Boulevard St. Louis, Missouri 63103 Religious Government: A Reflection On Relationships Sister Doris Gottemoeller, R.S.M. Sister Doris Gottemoeller, R.S.M., whose reflections here have grown out of her experience with the nine provinces of the Sisters of Mercy as well as conversations with members of many other congregations, resides at the Generalate of the Sisters of Mercy; 10000 Kentsdale Drive: P.O.,Box 34446; West Bethesda, Maryland 20034. The renewal of religious life inaugurated by Vatican II required the adaptation of every aspect of that life, both external practices and internal attitudes. One of the most readily observable of these external areas is that of religious government, the network of structures which regulate the interrelationships of members and groups within a community. If the revitalization of communities in the light of Gospel vision and community charism was to occur, the Council saw that it had to be done in the light of the "physical and psychological con-ditions of today's religious," "the needs of the apostolate, the requirements of a given culture, (and) the social and economic conditions everywhere."' More particularly, the Council specified that the way in which communities are governed had to be re-examined in the light of these same standards.~ In order for renewal to truly involve and touch each member of a com-munity, structures had to be altered in order to create channels for each in-dividual voice. Moreover, the spirit of collegiality and subsidiarity which enlivened the Council itself implied the necessity for structures of participative decision-making within other Church groups, such as dioceses, parishes, and religious communities. Before renewal began, role definitions of officials in religious communities (e.g., major superiors, councilors, local superiors) had 'Vatican Council II, Perfectae Caritatis. no. ~. ~lbid. 370 Religious Government." A Reflection on Relationships / 37"1 ¯ provided predictable patterns of decision-making. Furthermore, little revision of rule or policy was required from year to year in an era when lack of change was valued as a sign of strength; constitutions and custom books provided guidelines for every situation, whether of great or trivial importance. With the recognition of the need for on-going adaptation, however, structures had to be altered to provide for on-going participation in the vision-building and direction-setting of a community by every member of that community. Not only was widespread grassroots participation needed for the successful carry-ing out of the special general chapters which inaugurated adaptation, but government plans had to be tailored to allow for continuing involvement in the affairs of the community. At least five years have elapsed since this work began, and some obser-vations can be offered as the fruit of a backwards glance over those years. The remarks which follow can be characterized as insights gleaned from observing the efforts of many communities to re-structure their governments into more responsive and responsible models. They are reflections on the phenomena--not evaluations from a religious or a theological point of view. This work of evaluation is certainly called for, but first we must form a good idea of what is happ.ening before we probe further. The following observations apply to representative bodies, to administrative groups, and to the methods whereby leadership is selected. Representative Bodies The ultimate authority in a religious community has always been vested in its general chapter. Accordingly the efforts to update communities had to begin here in a twofold sense: the chapter itself had to be updated as an instru-ment of leadership and then it, in turn, had the responsibility to inaugurate change in every Other aspect of community life. To this end communities modified their chapters in various ways and, in some cases, supplemented them with other representative groups described variously as assemblies, boards, and congresses. All .of these representative bodies are discussed together here, because certain observations can be made which pertain to all of them. Therefore, in the paragraphs which follow, "chapter" is used to refer to any representative body with responsibility to and for an entire religious in-stitute or a large portion thereof, e.g., a province. I. Most representative bodies have been made truly representative. Great progress has been made here, in the sense that chapters are no longer con-trolled by a preponderance of ex-officio delegates. In most cases the size of the group has been expanded and communities have been diligent in trying to bring together a genuine cross section of the congregation--diversified as to age, apostolic experience, community experience, and geographic location (in instances where a community is widespread). One thing we have learned here, however, is that this effort has its own inherent limitations, in the sense that to specify the configuration of the delegate group too particularly may arbitrarily 372 / Review for Religious, Volume 34, 1975/3 limit the freedom of the community members to have the representatives of their choice. In other words, suitable chapter delegates are not always or necessarily found in equal proportions in each geographic region or age group. 2. A distinction between the chapter and other non-legislative representative groups is not always viable in practice. This observation applies to those com-munities which have created an additional representative group to serve in the interim between chapter sessions in an advisory .capacity to the administrative group (major superior and council). The composition of this new group usually overlaps, to a large extent, the chapter membership, so a certain confusion of roles and responsibilities results. As chapter members, while the chapter is in session, the delegates have dominative authority over the affairs of the in-stitute or province. As assembly members, however, the delegates have only a consultative function. However, a crisis of confidence in the leadership of the administrative group would soon develop if they overrode or ignored the con-sidered judgment of the assembly very often. So, in practice, the assembly becomes, effectively, legislative or policy-making. Also, assembly members would soon lose interest in serving in that capacity if the matters submitted to them were not of real significance and/or if their judgments were not adopted and implemented by the administrative group. Therefore, the tendency is for such assemblies to either develop a quasi-legislative function or else to be con-sistently frustrated by the ineffectiveness of their role. The question must be asked, though, how many significant agenda items are t~ere which should receive the attention of a broad-based chapter group? It would seem that on many issues the administrative group would profit more from consultation with a more specialized committee within the community, such as the representatives of one particular area of apostolic service, than from the broad-based consultation which a chapter can provide. 3. The frequency with which the group meets is more significant than whether or not it is defined as legislative. If the group meets frequently (e.g., as often as bi-monthly, or even quarterly), there is a tendency on the part of the ad-ministrative group to submit a comparatively larger number of items to its consideration and to defer action even on relatively noncontroversial issues un-til after consultation with the chapter or assembly. Thus there is the possibility of paralyzing the activity and initiative of the administrative group, or at least of weakening their effectiveness as a leadership group. Major superiors may hesitate to make any personal creative approach to a problem or issue without submitting it to a chapter 'referendum.' In some cases this is by design: the administrative group is conceived of as the executive arm of the chapter which, in a sense, retains ordinary authority in the community. If this is patterned on the federal government's model of separation of powers, it fails to take account of the fact that the executive and legislative arms of the federal government are (ideally!) separate but equal and, furthermore, are counterbalanced by the judicial arm. If it is patterned on the model of the relationship between a board of trustees and administrators Religious Government: A Reflection on Relationships / :373 who are responsible to the board, then it should be noted that trustees or-dinarily entrust a large amount of ordinary authority to their administrators. If the administrators abuse that trust, they are replaced by the trustees, but the latter are not involved in the administration per se of the institution. One ques-tion which a community which adopts this "strong chapter/weak ad-ministrator" model must ask itself is to what extent the chapter members are willing to prepare themselves to consider and to involve themselves in a succes-sion of varied problems and issues. Too frequent meetings also may have the unfortunate effect of discourag-ing otherwise qualified community members from serving as delegates. Once this occurs the moral authority of the chapter is subtly undermined because the community senses that somehow serving as a delegate is not a priority respon-sibility and that the composition of the delegate body does not reflect the 'first choice' of the members of the community. 4. Chapter authority is weakened by confusion over its function. Formerly the understanding of what chapter delegates were to do was quite clear and recognized throughout the community. Ordinarily general chapter meetings coincided with the election of the major superior and other officials, and this task was the primary responsibility of the delegates: In addition to this elective function, the delegates knew they had legislative authority. However, in the pre-Vatican Ii era little change was expected or seemingly desired. Therefore the responsibility for this legislative function did not weigh too heavily on the delegates. Beginning with the special general chapters, however, the whole situation changed, and the legislative aspect assumed great prominence. Chapters vir-tually legislated anew on every aspect of religious life, even to the extent of abrogating their former constitutions almost in toto. Since that time com-munities have been using interim constitutions and chapter decrees in place of their former constitutions. The changes reflected in these documents, of course, could not be effected by simply promulgating them: on-going develop-ment had to take place in order to assist community members, delegates and non-delegates alike, to test out the new vis{on in terms of concrete experience and to internalize that vision in their personal value structures. Quite naturally, chapter delegates thus saw that their responsibility did not end when a chapter session adjourned. They had to communicate the chapter vision to everyone and become agents of on-going renewal. Subsequent chapter sessions then became occasions of further corporate reflection on the values embodied in earlier chapter decrees and led to appropriate modifications, refinements, a shared search for ways to implement ideals, and so forth. Thus the legislative function of chapters shaded into a new one, the renewal function. While this evolution of chapter responsibility is understandable and, from some standpoints, desirable, from another viewpoint an unfortunate blurring of distinctions may occur. That is, all of the pronouncements of the same legislative body tend to carry the same weight. As a result, chapter enactments 374 / Review for Religious, Volume 34, 1975/3 may appear to regress to the minutiae of an earlier era, and hence invite dis-regard, or they may all appear to be merely exhortatory without the benefit of stress or emphasis. If the authority of the chapter becomes weakened in the general estimate by too frequent pronouncements, there will be no authoritative voice left in a community to make a really solemn or effective point when it is called for. Perhaps this is an argument for less frequent chapter meetings, preceded by extensive reflection and development of issues within the community. The renewal function, then, would remain primarily the responsibility of the ad-ministrative group and such other community members and committees as they invite to share their responsibility, while the deliberative and legislative function--the ultimate direction setting--would remain the primary emphasis of the chapter itself. Administrative Groups The day-to-day administration of religious communities as well as or-dinary authority between chapter sessions is entrusted to a major superior and councilors and staff persons who collaborate with them. Just as with represen-tative bodies, there have been a variety of new approaches to maximizing the effective service of~.administrative groups. 1. "Teamwork" is seen as an ideal for administrative groups. Scarcely a group could be found today which would not lay claim to functioning as a "'team," but the connotations of this term are sometimes elusive. The use of it probably reflects an effort to escape from a hierarchical arrangement within the administrative group in which distinctions of rank and authority were strictly maintained, or from a rigid system of role descriptions within the council which tended to discourage creativity and initiative among the members and to stifle leadership in all but the major superior. To state what a team is not, however, is not the same as filling the concept with positive mean-ing. The chief characteristic of a team relationship is probably the high degree of communication and interaction among its members. Team organization is not incompatible with differentiation of tasks and authority among the members--after all, there is only one captain of a football team, and everyone plays a different position on it. (There are even offensive players as well as defensive ones, althgugh one would not like to push the analogy this far!) A team does imply a common goal for the members' efforts, however, and a genuinely concerted effort to reach it. There can be a distribution of authority on a team, and there certainly should be a flexibility in approach, a willingness to capitalize on one another's strengths and to compensate for one another's weaknesses, and a relative freedom to revise the "game plan" or to strategize as play progresses. A few communities have organized their administrative groups in such a way that two or more persons have co-equal responsibility. For example, there Religious Government: A Reflection on Relationships / 37~i may be three co-provincials who have different spheres of responsibility (such as religious formation, apostolic placement, finances, etc.), but seemingly equal accountability for the affairs of the total province. At least one com-munity reported that they found this to be an ineffective and inefficient arrangement because~f the lack of dynamism and leadership which resulted. Another effect of dividing the decisions to be made into approximately equal shares might be that the "co-provincials" tend to make decisions in isolation from one another without reference to the fact that these decisions ought to flow from an integrated vision of what the community is and is about. On the other hand, if "co-provincials" are all equally involved in every decision, the community's expectation will be that all will be equally knowledgeable about every area of responsibility--which would be a wasteful use of time and effort in some cases. These difficulties highlight the importance of studying the decision-making functions of the administrative group in order to provide, insofar as it can be anticipated, for participation which is proportionate to the centrality and im- 'portance of the issue. Formerly, constitutions took care of this by enumerating those matters which required a deliberative vote of the council and those for which only a consultative vote was required. The fact that administrative teams function in a more collegial and less formal style today should not obscure the insight that different matters require varying amounts of delibera-tion and ~consultation. 2. Administrative responsibility is increasingly shared with staff persons. This phenomenon results from the newly-emphasized distinction between charismatic and administrative leadership, as well as from an increasingly specialized and professional approach to traditional areas of administrative responsibility, such as finances, communications and record-keeping, per-sonnel services, and the management of apostolic institutions. Major superiors and their councils are seen primarily as 'in-spirators' and 'enablers' of religious community life--a role which is distinguished from the more management-oriented phase of their responsibility. It is further recognized that such tasks as financial management and personnel services require specialized preparation which is not always had by those whom the community wishes to elect to office. Also, these specialized tasks are often done better when a continuity of responsibility is maintained, and the tenure of such per-sons as the treasurer is not tied into an elected term of office. While in principle such distinctions can be made, there are also certain dif-ficulties which have been evidenced. First of all, the distinction between "charismatic" and "administrative" leadership cannot be exclusively main-tained: a religious leader who did not have a firm and sympathetic under-standing of the realities of the community's existence in every facet of its life would not be able to give credible inspiration to anyone. The leader's respon-sibility is to-cultivate an integrated vision of every aspect of community life in order to be able to challenge the members to further generosity in their 376 / Review for Religious, Volume 34, 1975/3 religious and apostolic life. Therefore the superior and council must collaborate closely with any staff persons in order to keep abreast of what they are learning about the community and also to help determine the priorities of the staff and to set the overall direction of their work. Another difficulty is apparent when the staff has insufficient authority to be effective. Community members must respect the expertise, community dedication, and delegated authority of the staff in order for their collaboration with the administrative group to really benefit all concerned. There are infor-mal as well as formal ways for the administrative group to i'einforce the staff's authority and responsibility in the community's eyes. For example, if a staff person has been designated to respond to a certain type of regularly-recurring request, the councilor should usually refuse to deal with such a request unless it can be shown that the staff person failed to give satisfactory service. Community members themselves sometimes create problems by requiring leaders to hold in confidence information which effects a staff member's role performance. Then the councilor is forced to intervene in the staff person's area of responsibility and to give a seemingly arbitrary direction, thus cir-cumventing the whole process. Councilors must be wary of allowing such situations to occur very often if they wish to have the assistance of a credible and effective staff. The relationship between the administrative group and the staff brings into focus the question of how large each group should be. This is probably a more relevant question than one which is more frequently'heard, "How many full-time persons are r(quired for community leadership?" In a day of declining membership and ever-pressing apostolic demands, releasing talented members for full-time community leadership often seems like a luxury which a com-munity cannot afford. But if more attention is given to a proper balance of elected leaders (full or part-time) and a supportive staff (full or part-time, lay or religious), new possibilities for maximizing leadership potential can be en-visioned. Obviously this answer varies from community to community, depend-ing on such factors as size, geographic expanse, diversity of apostolates, and the willingness and/or ability of council members to perform staff functions. Choice of Leadership No attempt will be made here to discuss varying and even inconsistent ex-pectations of leadership, although how to deal with that reality is a challenging question that applies both to representative bodies and to administrative groups. As noted above, community members expect chapter delegates~to be e.lectors, legislators, and (sometimes) renewal facilitators. They also expect major superiors and their councilors to furnish both charismatic and managerial leadership, in varying proportions. These areas of ambiguity do furnish a backdrop, however, for some remarks about the ways in which leaders have been chosen in recent years, a period in which there has been ceaseless experimentation with differing methods. In fact, most chapters spend Religious Government: A Reflection on Relationships / 377 more time determining the method by which they will choose their leaders than they do in carrying out the proce.ss itself. In general, four methods can be identified: choice by discernment, election by the chapter, election by the total community, and a nominated-appointed method. 1. Discernment. This method is difficult to define because its interpretation and application vary in different situations. In brief, though, it is a method whereby the electors reach a prayerful consensus about their choice of leadership. It is an application of the spirituality of discernment--the prayer-ful and communal effort to discover and respond to God's will for a group--to the specific matter of selection of leadership. Its proponents usually contrast it to an election which is considered to be mechanical or political or insufficiently attuned to God's will for the community. Since the effectiveness of the method is dependent on khe development of faith community within the group, its usefulness is qualified if the electors represent a very large or wide-spread community, and do not ordinarily see one another except on the occasion of a chapter meeting. In some cases the discernment process has involved not the chapter delegates, but the nominees themselves. In other words, after a process of nomination (in which the entire community has both active and passive voice), those nominees who decide, after personal discernment, that they would be open to being called to community leadership enter into a process of com-munal discernment. Great objection can be raised to this practice, however, since it arbitrarily restricts active voice in the election to only the nominees. Religious constitutions have traditionally specified very exactly who enjoys the right to elect the major superiors, namely, the chapter delegates. To create a situation in which there are no electors except the nominees themselves--some of whom may have received only a single nominating vote while others may have received hundreds--runs contrary to this whole tradition. There must be many qualified electors in a community who are not themselves potential can-didates for the office of major superior. 2. Election by the Chapter. This is the traditional method for selection of leadership, but the manner in which this process is carried out within the chapter admits of many variations. For example, communities have ex-perimented with nominating procedures which involve the entire community and/or with search committees who are charged with developing a list of nominees. Within the chapter itself great efforts are made to allow candidates to discuss their views and their vision of the future direction of the community in an open forum before the election takes place. The election of major superiors, since it is one of the gravest respon-sibilities of a chapter, should be carried out in a prayerful context (as should "all of the deliberations of a chapter). The chapter body should strive together to search out the best-qualified persons to call to leadership in the light of the religious and apostolic goals of the community. Prayers for divine guidance, for freedom from prejudice and error, and for generosity in responding to God's will should all surround the election. If this is the case, then the sup- 371~ / Review for Religious, Volume 34, 1975/3 posed contrast between the discernment method and the election method seems to fade in significance. Furthermore, election by the chapter seems to be the only one which readily safeguards the traditional requirements of a valid election, namely, that the votes be free, secret, certain, absolute, and determinate.3 Even a total community election (to be dealt with below) risks compromising these con-ditions. Some would argue that these requirements should no longer apply and that, for example, the community would be better served if ballots were not secret. While at first glance this may seem to represent a growth in the level of mutual trust and evidence a breakthrough in communications within a com-munity, further reflection might lead to an enhanced appreciation of those traditional safeguards which the Church has provided in canon law. Any com-munity which forswears the use of "free, secret, certain, absolute, and deter-minate" ballots should understand full well what it is sacrificing and be con-vinced that a proportionate good will be achieved. 3. Election by the Total Com~munity. It is doubtful whether this method cduid be successfully applied in any but a very small community where all of the members can be present at an election or where the ballots can be collected within a short period of time. Those who advocate a direct popular election probably reflect a lack of confidence in their chapter, a serious problem which should be dealt with in itself since it affects more than the elections. If the chapter is truly representative, however, and the community has confidence in its responsible leadership, then the desire for a community-wide election would seem negligible. 4. Nomination-Appointment. In this method a higher administrative group appoints major superiors from a list of nominees prepared by the constituency. For example, a province (or provincial chapter) may submit a list of nominees to the administrator general and council who then appoint the provincial superiors. Or the provincial administrative group may appoint regional superiors from among nominees presented to them. The alleged advantage of this method is that the higher superior is able to look over the list of nominees and appoint an administrative team with complementary talents, a result which isn't always obtained in a direct election by the appropriate chapter. This method also reflects the authority and responsibility of the higher ad-ministrative group with respect to the smaller units of the community. The method is compromised, however, if the higher superior feels insuf-ficiently informed about the qualifications of the nominees, or is unable to en-dorse any of them with enthusiasm, or does not feel genuinely free to choose from among them. This last condition might apply, for example, if the list of nominees and the total number of votes each received is published to the com-munity at large. Then there is a subtle expectation that the major superior will 3Canon 169. For a discussion of these requirements, see Canon Law for Religious Women by Louis G. Fanfani, O.P., and Kevin D. O'Rourke, O.P. (Dubuque, Iowa: The Priory Press, 1961), pp. 91-93. Religious Government: A Reflection on Relationships / 379 automatically appoint the nominee ~with the highest number of votes, and the appointment becomes only the ratification of a fair accompli. Concluding Remarks Many other aspects of religious government today could be singled out for observation and study. Some of these which come to mind are the utilization of different kinds of balloting in elections (e.g., preferential ballots and weighted ballots), the respective advantages of staggered terms of office and concurrent terms, the participation of ancillary groups such as committees and commissions in the governing process, and the ways in which different units of government discharge their responsibilities (e.g., how they develop their agen-das and how they formulate and communicate policies). Moreover, in addition to the simple observation of phenomena and trends there is a need to evaluate them in the light of assumptions and principles which are acknowledged by the religious community. These espoused beliefs are of many kinds: political, sociological, philosophical, and theological, to name four important areas. This is not the place to develop a list of represen-tative assumptions and, indeed, the renewal process in communities may not have progressed far enough yet for them to be able to articulate these cor-porately. However, any in depth critique of government should deal with questions such as the nature of human persons, the role of law and structure in human life and associations, how government structures can reflect the emphasis of Vatican II on collegiality, subsidiarity,, and shared decision-making, and on the Gospel challenge to be poor, chaste, and obedient in a world which values none of these. Religious government is the point at which a religious community comes together to organize for its collective mission. Those who occupy leadership positions perform a temporary service for the others in order to facilitate that mission. Many relationships should be facilitated by a government structure: relationships of communication, of consultation, of decision-making; relationships between and among community members, community leadership, lay collaborators, Church, and world. The ideal plan of religious government is simple, clear, adapted to contemporary needs, and flexible. The government should be the point of integration of all the concerns of a com-munity, internal and external, and it exists in order to enable the community to better respond to those concerns. There is abundant evidence today that religious communities have in fact grasped the importance of adapting their government structures to these insights and that many of the changes made, and the inevitable trials-and-errors, have brought them closer to that goal. A Note on Religious Poverty J. Robert Hilbert, S.J. Father J. Robert Hilbert is presently assigned to St. Francis Mission; St. Francis, SD 57572 Introduction In many discussions of religious life, it has struck me that, of the three vows, poverty is the most difficult to come to grips with. One is tempted often enough to suspect that the fundamental problem is an unwillingness to take the direct approach of simply being poor. On the other hand, that might be a simplistic move prompted by the desire to escape the discomfort of the in-evitable tension involved in being in the world, but not of the world. There is a fundamental dilemma: poverty is either a good or it is an evil. If it is a good, if it is true that "Happy are you poor," that it really is harder for a rich man than for a poor one to enter the kingdom, then it makes sense for one to himself choose poverty and to counsel others to choose it, but it does not make sense to dedicate one's energies to the elimination of poverty. On the other hand, if poverty is evil, if it hinders man's ability to know, love and serve God, if it is destructive of the human spirit, then certainly it makes sense to work to overcome poverty, but it does not make sense to choose poverty, es-pecially to make it the object of a vow by which one expresses devotion to God. One can say that the Christian concern is not with poverty and wealth as economic or sociological realities, but is rather with poverty of spirit, a spirit which acknowledges man's basic helplessness and dependence on God, which sees man's good as a spiritual good in reference to which material possessions are either indifferent or are subservient as a means. A man who is materially wealthy may have this poverty of spirit in terms of real humility and detach-ment from his possessions, and a man materially poor may have the opposite of this spirit in terms of pride and greed. Yet one does have somehow to deal with the fact that the Gospels present Christ as saying that it is morally im-possible for a rich man to enter the kingdom, that the beatitudes, at least in 380 A Note on Religious Poverty Luke, seem to be talking about the poor and the rich in a sense that includes the material. in considering the sense of Christ's--and the Church's--call to preach the Good News to the poor, one might say of it that it is an assertion to those who are generally looked down on or who experience pain and need and helplessness that they are important to God and are loved by Him. Not that those who experience comfort, and social and mental and physical well-being are not loved, but that they are more apt to know it and so have less need of assurance than do the sufferers. Poverty in this context, one might then say, is not an economic term, but just a generi~ term for those who are needy in any way. Surely Dives is as poor and needy in a spiritual sense as Lazarus? So it is to him perhaps even more than to Lazarus that we are sent to bring the Good News. One hears arguments, too, on the point that Christ did not urge structural social change, much less work for it. Though he responded to physical needs of people on occasion, as when he fed the multitudes or healed the sick, he did not attempt the elimination of poverty or the overthrow of Roman domination any more than he attempted the elimination ~f disease or of earthquakes. Ob-viously he commanded love of neighbor and a practical expression of that love in feeding the hungry, clothing the naked, etc., but he did not preach economic or political structural reform. What manner of reflection, then, led the bishops in their 1971 Synod to say that "action on behalf of justice and participation in the transformation of the world fully appear to us as a constitutive dimension of the preaching of the Gospel, or, in other words, of the Church's mission for the redemption of the human race and its liberation from every oppressive situation?''1 (Is there a possibility that our Lord received his death sentence because his teaching and activity constituted a threat to the established social order?) This note is not an attempt to offer solutions to the difficulties and am-biguities of religious poverty, nor is it intended to touch all the elements in-volved. It is simply aimed at emphasizing a few points that seem to me to be often missed or slighted. Before taking up those, however, it might be worth recalling a few presuppositions on which these reflections are based. The Church's Poverty and Religious Poverty One is that a religious community is a community within the Church. Its way of life, its values and ideals are those of the Church. It gives particular ex-pression to certain values in a way different from the way in which other groups in the Church do, but these values are those of the whole Christian peo-ple. Religious life is to give evidence of, to point to, to make sharply visible certain aspects of what it is to be a Christian. There must, then, be continuity in the sense of poverty of religious life and the sense in which the Church speaks of its poverty. This sense, of course, comes to the Church through the ~Synod of Bishops, Justice in the World (U.S.C.C., Washington, D.C., 1972.) p. 34. 382 / Review for Religious, Volume 34, 1975/3 example and teaching of Christ. "Just as Christ carried out the work of redemption in poverty and under oppression, so the Church is called to follow the same path in communicating to men the fruits of salvation. Christ Jesus, 'though He was by nature God . . . emptied himself, taking the nature of a slave' (Phil 2:6), and 'being rich, he became poor' (2 Cor 8:9) for our sakes. Thus, although the Church needs human resources to carry out her mission, she is not set up to seek earthly glory, but to proclaim humility and self-sacrifice, even by her own example.''~ The Tradition of Religious Poverty Another assumption is that a religious community is both an inheritor of tradition and an interpreter of that tradition in terms of the present day. There is a long history of the practice of poverty in religious life. In the course of generations, we have developed a complex of values in the matter of poverty, including the following: detachment from material wealth; sparingness and simplicity in use of material things; possession of things in common; a life of labor; dependence on providence; hospitality; service of the poor. To some extent there is an'absoluteness in these values, aspects of them which are true in general for all men and all times. Even were there a time when the world had no drastic contrast between the rich and powerful and the poor and helpless, men would need reminders that the good life is not found in having things. "You have made all these things, made them very good indeed, yet You are my good, not they," It will always be true, as non-Christian cultures, too, realize, that man comes before God in nakedness and emp-tiness- not with reliance on possessions, nor on education, skills, achievements, nor even with security in good works as giving him in any way a claim on God; he comes to God with awareness of his own nothingness, and of God's infinite and personal love. Response to Particular Periods or Societies Beyond such timeless elements, howe, ver, values involved in religious poverty and modes of expression of that poverty are related to the contem-porary social situation of any given period. Modes of expression of religious poverty differ among various orders and in various times and places in part because religious poverty is an affirmation of values endangered by a particular period or society. !t is a prophetic witness directed to the needs of the time and place. Benedict, Francis and Ignatius had initially very different modes of poverty in their orders, not because they had different views of the fundamental and timeless values expressed in poverty, but because they were responding to the needs of the Church in different histo.rical periods. In considering renewal of religious poverty for our times and situation, ~Vatican 1 I, Dogmatic Constitution on the Church,//8. (Documents of Vatican 11. America Press, 1966, p. 23.) A Note on Religious Poverty / 383 then, it is not enough to accept the externals of the expression of poverty ac-cording to the traditions of a religious order; one must consider the values and attitudes involved, both the religious values affirmed and the worldly values opposed. Let us put this another way. Christ'.s life of poverty, it has been said, was "characterized by a redemptive use of things.''3 This is not simply an accept-ance of an ideal order of creation; it is also a recognition that there is sin-fulness embodied in the present concrete order, a non-redemptive use of things, which must be counteracted. The non-redemptive use, the sinful use, of God's creation is evil not only because it is an undue or distorted valuing of things (St. Paul speaks of "greed, which is idolatry"), but because it leads men to degrade, exploit and treat unjustly their fellow men. Poverty Is Apostolic Another presupposition is that the poverty of a religious order is not an end in itself. It is ordained to man's redemption, to the development of the Kingdom of God. Hence, there will be variation in the poverty of different g~roups according to the nature of their apostolate. Yet this subordination must not obscure the fact that poverty is really meant and is deliberately chosen. Religious poverty is not a mode of life that is in total equilibrium; it is not a way of life characterized by use of God's creation in what might be the way one would hold up as the ideal for all men in the ultimately just world order. Religious poverty is a deliberate move to the side of the poor and oppressed, an affirmation of intended identification with them. It is this because in Christ God has identified himself with them. Furthermore, religious poverty is a mode of apostolate. A religious may recognize that there are many ways of working for the attainment of man's red, emption. In the spirit of the Kingdom and Two Standards of the Spiritual Exercises of Ignatius, however, he chooses to work from a position of poverty and humiliations. This is not a completely rational approach to the improve-ment of the human situation. There is a mystery in God's mode of salvation in Christ--through poverty, humiliation, injustice, eventually an unjust death on the cross. Unless there is an acceptance in faith of that mystery as still operative, there can be no full acceptance of religious poverty. l have stated four points that seem to me to enter in to reflection on religious poverty: that religious poverty is to give clear evidence to the Church's sense of poverty; that it involves a sense of the tradition of poverty throughout history; that there must be a re-statement of the spirit and tradi-tion of religious poverty in light of the sociological and cultural situation of the present day; that religious poverty is apostolic, "as Christ carried out the work of redemption in poverty and under .oppression." As I consider these points and my experience of religious life, it seems to aJohn R. Sheets, S.J., Toward a Theology of the Religious Life. (Studies in the Spirituality of Jesuits, II1,8; Nov., 1971, p. 173.) 384. / Review for Religious, Volume 34, 1975/3 me that three areas which demand much and serious reflection in efforts at renewal are: that religious poverty must be in fundamental, radical opposition to the spirit of our affluent society, and must, then, require fundamental, radical personal conversion on the part of a religious; that contemporary con-sciousness of social injustice is integral and essential to the meaning of religious poverty and its expression in our day; that being concerned for the poor and being poor are not quite the same thing. Religious Poverty in an Affluent Society In referring to our affluent culture, what I am trying to suggest is that simply having things, being relatively wealthy in comparison to the major por-tion of the world's population is not an accidental adjunct to what we are as a people. Our material affluence is rooted in and has sprung from some of the most basic attitudes and values of our culture. In turn, our affluence reinforces and influences the development of these attitudes and values. Surrendering the right to personal ownership, professing a dependence on a superior or a com-munity for material things, even choosing a standard of economic life which eliminates certain superfluities and luxuries, does not signify or produce a very deep-rooted or wide-ranging change in the attitudes and values we have ab-sorbed since birth. It seems to me that this is the fundamental reason why it is so hard for us to come to any clear and satisfactory consensus about the meaning of religious--or Christian--poverty. So long as we consider the matter on the basis of the attitudes and values which are our cultural inheritance, there is no way we can conclude that real poverty is something which can be chosen and prized, for that culture is in diametric opposition to a spirit of poverty. In a brief article such as this, there is not scope for a full discussion of the American value system. What we are as a people, though, can be learned by reflection on our history. It was not an aberration of a few twisted individtials that brought about the centuries of enslavement of millions of Africans and In-dians. The greed, violence, lust for power, unquestioning assumption of superiority that underlay the centuries of European exploration, conquest, dominance and exploitation were not just occasional faults of isolated in-dividuals. They were part of the fundamental value system of an entire culture. Though we now repudiate some of the cruder manifestations, the same values and spirit are still endemic in Western culture, and have been incar~ nated in the social structures that our culture has established. It is not acci-dent, but basic cultural drive that has developed in this, the wealthiest country in the world, an economic and political structure which "virtually guarantees poverty for millions of Americans.''4 The greed, selfishness and exploitation of the colonial period have borne fruit, through the period of the industrial revolution and the growth of the multi-national corporations, in a world 4Poverty Amid Plenty, the report of the President's commission on income maintenance programs, 1969, p. 23. A Note on Religious Poverty / 385 economy which has created an enormous and ever increasing division between rich and poor, which threatens the human race because of the destruction of the earth's environment and resources. So the world is not one. Its peoples are more divided now, and also more conscious of their divisions, than they have ever been. They are divided between those who are satiated and those who are hungry. They a~e divided between those with power and those without power. They are divided between those who dominate and those who are dominated; between those who exploit and those who are exploited. And it is the minority which is well fed, and the minority which has secured control over the world's wealth and over their fellow men. Further, in general that minority is distinguished by the colour of their skins and by their race. And the nations in which most of that minority of the world's people live have a further distinguishing characteristic--their adoption of the Christian religion.5 What is significant is not only the fact of such division, but also our general ability to ignore that fact. How is it, after 80 years of modern social teaching and two thousand years of the Gospel of love, that the Church has to admit her inability to make more impact upon the con-science of her people?. It was stressed again and again that the faithful, particularly the more wealthy and comfortable among them, simply do not see structural social in-justice as a sin, simply feel no personal responsibility for it and simply feel no obligation to do anything about it. Sunday observance, the Church's rules on sex and marriage, tend to enter the Catholic consciousness profoundly as sin. To live like Dives with Lazarus at the gate is not even perceived as sinful.6 A concern for religious poverty which attends only to the externals of per-sonal or community economy is inadequate. If we continue to fit comfortably within the systematized greed, selfishness, cruelty, love of power of our society, we have no poverty of spirit. If we are ourselves to become Christian and to bring the Christian word to our society, we must attain an empathy with the poor and powerless in our own country and in the world. We have to feel the poverty of the migrants who harvest the food that is so plentiful on our tables. We have to know our society as it is experienced by an unemployed In-dian who sees his children growing up undernourished, falsely educated, and culturally destroyed in a country where his grandfathers lived in freedom and plenty. But once again, we have to become aware of and critical of our own ac-culturation. We must ourselves engage in that continuing education described by the bishops, an education which comes "through action, participation and vital contact with the reality of injustice." We must awaken in ourselves "a critical sense, which will lead us to reflect on the society in which we live and its values," and be "ready to renounce these values when they cease to promote justice for all men.''7 This examination will include not only our 5Julius Nyerere, Speech to the Maryknoll Sisters (Maryknoll Overseas Extension Service, Maryknoll, N.Y., p. 6). 6From an account of the debate at the 1971 Bishops' Synod, quoted in Henriot, "The Concept of Social Sin," Sourcebook on Poverty, Development and Justice, Campaign for Human Develop-ment (U.S.C.C., Wash., D.C., 1973, p. 67). 7Synod, op. cit., p. 46. 386 / Review for Religious, Volume 34, 1975/3 private lives, but the values incorporated in the institutions in which we work. It is necessary, for instance, to examine the basis of our judgment of produc-tivity and efficiency, our decisions about choice of means. Do we give due ac-count to the idea that we are called to follow the path of carrying out the work of redemption "in poverty and under oppression?" Abject poverty, we are told over and over again, is destructive of the human spirit, is an evil which must be eradicated, cannot be the object of a choice, certainly not of a vow, because it is an evil. True enough. But is it possible that our sense of how evil it is is to some extent a reflection of how good we think wealth is? Does our reflection on Christ's statement that it is a moral impossibility for a rich man to enter the kingdom suggest to us that perhaps wealth, too, is destructive of the human spirit, is an evil which must be eradicated? There are many ways in which the full acceptance and real valuing of religious poverty demand not simply a spirit of occasional.self-denial, but a very radical transformation of the basic values inculcated in us from birth within our society, values involved in our attitudes towards material creation, toward the meaning of human life, toward our country's position in world relationships. Addressing Social Injustice Earlier in this article 1 said that contemporary consciousness of social in-justice seems integral to our understanding of religious poverty. To some ex-tent l have introduced this idea in discussing the matter of a critical examina-tion of our values, but let me focus more directly on this point. Poverty has always been an essential of religious life--but its motivation and expression have been modified by the needs of the times. The sinful ab-surdity of the economic situation of our times is not in the fact that there are people who are poor, but in the division described by Nyerere, in the fact that the enormous and unprecedented technological, economic and political power of our times is ordered not to alleviating the plight of the poor majority of men, but to the perpetuation and increase of the imbalance of that division. The bishops recognize this situation as a claim on the Church's expression of poverty. Although in general it is difficult to draw a line between what is needed for right use and what is demanded by prophetic witness, we must certainly keep firmly to this principle: our faith demands of us a certain sparingness in use, and the Church is obliged to ad-minister its own goods in such a way that the (~ospel is proclaimed to the poor . In societies enjoying a higher level of consumer spending, it must be asked whether our life style exemplifies that sparingness with regard to consumption which we preach to others as necessary in order that so many millions of hungry people throughout the world be fed.8 8Ibid., p. 45. A Note on Religious Poverty / 387 What is that sparingness? In general, at least, "those who are already rich are bound to accept a less material ~way of life, with less waste, in order to avoid the destruction of the heritage which they are obliged by absolute justice to share with all other members of the human race.''9 Many cautions are given in discussions of religious poverty to the effect that it should not be confused with economic poverty, that religious poverty in its expression is relative to the milieu in which the community lives and works, that religious poverty is distinct from the claims of justice. Such distinctions, however, can be overdrawn to the extent that religious poverty is moved to an abstraction that has little in common with the poverty of Christ. His Kenosis was accomplished in concrete terms of real identification with the poor and ac-tual confrontation with the powerful of his times. When he said, "Happy are you who are poor," and "Alas for you who are rich," one has the impression that he was not abstracting from the economic situation. More fundamentally, Fr. Arrupe's statement deserves serious con-sideration: But God is not only the God of the poor. He is, in a real sense, God who is poor. For the mystery of the Incarnation has established a special relationship between God and pover-ty whose meaning goes much deeper than mere compassion . God is allpowerful. God has riches beyond our ability to estimate. But he is also a God of justice, who demands that justice be done. l f, then, God, allpowerful and infinitely rich, identifies Himself with the poor, it must be because the cause of the poor is somehow identified with the cause of justice?° Sparingness, for example, is fundamental to religious poverty in part as an example to all men that possessions and use of luxuries are not all that essen-tial to the quality of human life--may, in fact, hinder a man in his real development. Today there is clearly added to this motivation in the Church's consciousness the demand of some sparingness in order that justice be served. It is clear, too, that this demand goes beyond the matter of purely personal or domestic religious life to take in as well the means used in our apostolic works. If there is a demand that our society's use of energy, for example, be reduced, that reduction is called for in all aspects of our life and work. It seems to me, in short, that a level of example and witness in this regard is integral to a realistic understanding of the contemporary value of religious poverty--a poverty that is true to the Church's sense of her call to poverty, a poverty characterized by a redemptive use of things, a use redemptive of the actual sinful use of things in our day. Identification with the Sociologically Poor The Church, following the example of Christ, recognizes a particular call to showing concern for the poor and the oppressed. This call is felt with special 91bid., p. 51. 1°Pedro Arrupe, S.J., Witnessing to Justice (Pontifical Commission, Justice and Peace, Vatican, 1972), p. 38. 3~11~ / Review for Religious, Volume 34, 1975/3 emphasis by religious, as the history of their efforts on behalf of the poor attests. The kind of assistance that is called for will vary in different periods and with different orders. In our times, there is particularly the note of concern that the structures which perpetuate and increase the division between rich and poor be changed. Even within the wealthiest country in the world, change of structures is necessary for the alleviation of widespread poverty: The paradox of poverty in the midst of plenty causes many to ask why some people re-main poor when so many of their fellow Americans have successfully joined the ranks of the affluent . It is often argued that the I~oor are to blame for their own circumstances and should be expected to lift themselves from poverty. This commission has concluded that these assertions are incorrect. Our economic and social structures virtually guarantee poverty for millions of Americans.1~ The call to concern for the poor and for working for structural changes that will ensure justice for the poor is a call to all Christians. For us who profess religious poverty, it is not only a call to have such concern and to work for such change, but to share Christ's identification with the poor. Discer.n-ment is necessary, harmfully simplistic approaches should be avoided--yet our life and mode of work should be such that our being accounted among the poor is clear. Whatever may be said of the relative norm of poverty with reference to the milieu in which a community lives and works, it should be clear that they are poor in that relative way. If it is a question for all Christians "whether belong-ing to the Church places people on a rich island within an ambient of pover-ty,''~ 2 it is preeminently a question for religious. We should share what we have, and it seems good, sometimes, that we do have in order to share. But we should be present to the poor as willing to share what little we have, not as well-to-do philanthropists sharing their excess. There is a lesson for us, though we might not wish to carry it to that extreme, in the example of St. Francis's unwillingness even to accept alms to be dis-tributed to the poor. There is, moreover, the very practical fact that it is most unlikely that we will appreciate the meaning of being truly poor, or be able really to see our society and its structures from the standpoint of the poor, if we ourselves do not in some real way share their experience. It is evident enough in our rec-tories and convents and schools that most of us share pretty completely the values and attitudes and experience and even prejudices of the affluent, not of the poor. It seems pertinent at this point to introduce a quotation from St. Ignatius Loyola which perhaps returns to the statement of my opening paragraph: ~tPoverty Amid Plenty, loc. cir. 12Synod, op. cit., p. 45. A Note on Religious Poverty Let me just say this; whoever loves poverty should be glad to be poor; glad to go hungry, to be badly clothed, to lie on a hard bed. For if someone loves poverty but avoids penury, following poverty only from afar, is that not to be comfortably poor? Surely that is to love the reputation rather than the reality of poverty; to love poverty in word but not in deed.t3 As 1 conclude this article, my sense of futility returns. If some of the honestly poor people of my acquaintance--in the slums of Milwaukee, in Belize, on the Sioux reservation where I now live--were ever to run into the sort of discussion I have written here, 1 suspect they would not find it so much the word of Christ as the confusion of one who is far from Him. 1 think it might cause some amusement, if not amazement, that a man with so much education and so many years of meditation on the Gospel can make such a complicated business out of the relatively simple question of how he can be poor. But this is written by one who lives in material security, even affluence, for others who live similarly, and so must inevitably reflect the confusion of those bound in that mesh. May that which is impossible to men, that which our own mental gyrations and personal anguish can never bring about, be accomplished by Him who can save; may He relieve us of the burden and constriction of our wealth, pull us through the eye of the needle, and introduce us to the simplicity and freedom of His Kingdom. t3Monumenta Ignatiana, Epp. l, 577. Mortification Brother Thomas E. Ruhf, C.P. Bro. Thomas E. Ruhf is.presently engaged in studies for the priesthood at St. John's University, where he was awarded a Master's Degree in Theology last year. He is a member of the Passionist Monastery; 178th St. and Wexford Terrace; Jamaica, NY 11432. The word "mortification" is seldom if ever heard these days, and, when it is, it strikes a strange and sour note because of its seeming lack of harmony with contemporary man's view of himself and his world. In a society ruled by the lords of consumerism, progressivism and utopianism, the concept of mor-tification is most assuredly an outcast. Mortification is viewed as no less than a perversion of life, since life's goal is seen to be the pursuit of happiness and self-fulfillment, which is attained in extracting from life all its treasures of pleasure and burying as much as possible its pains and sorrows. The mul-tiplication of wonders in science and technology is heralding the dawn of a new age when there will be plenty of pleasures and possessions for all, when disease and pains will be laid to rest forever, and when even death may fall victim to the march of man. To speak of death, suffering or any human limitation is to talk of problems to be solved and not perennial conditions to be fa~ed. Such a society has no use for mortification precisely because it is a radical, concrete and complete affirmation of these realities, precisely because it af-firms them as enduring conditions to be faced and embraced for their creative potentials. The problem with mortification is a problem with suffering and death, with their proper place in a full and authentic human existence. In spite of society's claims of present and future scientific and technological conquests, death, suffering and human limitations remain ever so real. Daily the media parades before our eyes the ~pectr'e.of human suf-fering- innocent children with bellies pregnant with starvation, the disfigured and bloodied corpses of victims of senseless terrorism and calculated wars, the 390 . Mortification / 39'1 sad streams of people with lives and homes ruined by the fury of natural dis-asters. At the same time the tales of polluted water and air, of shortages of oil and energy, of inflation and recession are bursting the bubble of the great American myth of the cornucopia of unending resources and limitless produc-tion. Yet modern society continues its masquerade of denial. This denial of the hard and enduring facts of death, suffering and human limitation is not without its costs, for modern man has fallen victim to a certain sense of cultural schizophrenia. It seems that the greater the claims made for man's omniscence and omnipotence, for his control over nature and life in the face of his obvious lack of it, the greater becomes his sense of personal impotence, of being victimized and fated by the forces of nature and life. As society as a whole becomes more integrated, mechanized and systematized, he as an in-dividual becomes more isolated, alienated and categorized. Sodiety's attempt to do away with all external forms of suffering and pain only serves to intensify and foster his internal suffering and pain. A Contemporary Understanding of the Problem of Suffering and Death If any concept of mortification is to be valid today, it must seek its basis in the new heightened awareness of pain and suffering not only as external world realities but also as internal personal realities. It must find its roots in a con-temporary understanding of suffering and death. Perhaps the most meaningful concept of suffering and death for today's world is the existentialist view. In such a view man is seen primarily as a being-unto- death. His very suffering and limitation become movements in con-sciousness toward the final limit of death, which brings man face to face with the fundamental questionableness of his own being without offering him any answer to it. This ultimate questionableness of life is faced by each man alone. Death represents the ultimate loneliness. All suffering, in being mine alone to bear, is essentially an experience of loneliness foreshadowing the ultimate Ioneliriess of death. Thus suffering and death give a character of existential loneliness to all life, a realization that no other finite reality can solve the basic questionableness involved in the finitude of my existence, that no finite reality can satisfy my radical desire to transcend this ultimate limit. This spectre of existential loneliness casts a long shadow of fear and anx-iety over a man's life. He can deal with this spectre in a number of ways. One way, which is most characteristic of contemporary man, is to avoid the whole question as long as possible. There is a retreat from the limits of his loneliness and death and a search for a sense of security in an immersion into th6 daily activities of pleasure and production. Indeed in America death is a taboo. The subject must never be raised, not even with a dying person. Death is always an unfortunate accident that happens to someone else. Likewise acknowledgement of a deep sense of loneliness seems awkward and inappropriate in a society.dedicated to the pursuit of pleasure and hap- 399 / Review for Religious, Volume 34, 1975/3 piness. Loneliness, a basic reality of life, like death, is viewed as a sickness which alienates people from each other and society and hence is an unfor-tunate development in life that must be avoided and spurned. But in fact "it is not loneliness which separates persons from others, but the terror of loneliness and the constant effort to escape it.''t If a man cannot face and affirm his ex-perience of existential loneliness as a condition of existence, he will not only be alienated from others but even from his very self. As Dr. Elisabeth K~ibler- Ross has observed in her study of terminally ill persons, nothing frustrates and alienates them more than their families' and friends' refusal to talk of suffer-ing and death. As a result Dr. K~ibler-Ross makes a plea in her book, On Death and Dying, for more people to face up to the reality of death for the sake of helping the dying and for their own sake in living real and full lives.2 Modes of Acceptance of Suffering and Death Assuredly the acceptance of suffering and death is necessary for a truly authentic and full life. However there are significantly different modes of acceptance that man has and can choose as his way of responding to these realities. Karl Rahner suggests that there are basically three postures of ac-cepting death? First of all, some see death as the stark and complete termination of all that they have found pleasureable in life. Death is a door op~ning out into dark oblivion, into the ultimate futility of all life and as such is a cause for frustra-tion and despair. Suffering is a grim foreshadowing and reminder of this ul-timate emptiness. Others embrace death with the full consciousness of their being, realizing that they have no answer to the enigma of its meaning, but yet remaining open to an answer to this ultimate questionableness of life from a source outside of themselves and time. It is a response of stoic resignation to fatedness and all suffering, leaving open the possibility that death could be a door to ultimate fulfillment as well as to ultimate annihilation. The third response goes beyond resignation, radically affirming death and all "little deaths" in suffering as doors to a life of ultimate fulfillment, as the necessary frontiers to be crossed on the way to the radical transformation of man's ex-istential situation by a gift from God. This response of acceptance is permeated by a sense of faith and hope in seeing in the very finitude of life its radical nature as free gift from the One v~ho is Infinite. This last response is of course the Christian response. We acknowledge in faith the efficacy of Christ's death and resurrection for the transformation of our own death into eternal life in God. Dying to ourselves becomes the only way to the fullness of life. Existential loneliness in suffering and death is the ~Clark E. Moustakas, Loneliness (Englewood Cliffs, N.J.: Prentice-Hall Inc., 1961), p. 103. 2Elisabeth Kiibler-Ross, M.D., On Death and Dying (New York, N.Y.: Macmillian Co., 1969). p. 13. 3Karl Rahner, S.I., "The Passion and Asceticism," Theological Investigations (Baltimore, Md.: Helicon Press, 1967), v. 3, p. 92. Mortification / 393 very vehicle to authentic life since it is our only entrance into a participation in the Paschal Mystery which is the answer to the questionableness of all life. We believe that as an existential, ontological result of Christ's saving action all life can now be said to exist in a state of mortification, in a state of having already died with Christ that it may now live with him in a sharing in his resurrection. In this sense every life by way of baptism in Christ enters into a state of "ab-solute mortification."' Present Difficulty with Mortification No Christian has problems with accepting mortification as a state of life entered into in baptism, though we perhaps never consciously refer to life in Christ as mortified existence. The problem comes in the choosing of specific acts of mortification above and beyond the suffering and death inherent in the exigencies of life itself. These self-chosen acts of mortification, which have been termed "relative mortification," have for some time played a role in the tradition of Christian asceticism and been a prominent feature of religious life. But today it is a common assumption that relative mortification has no. place in authentic Christian living. In fact it has been condemned as a distortion and perversion of Christianity, and any mention of the subject evokes looks and words of scorn and disbelief. How can it be that such a long tradition of relative mortification has so suddenly been pushed aside and left to die?.llS it simply true that there is no value in practising it at all? To answer this question we must first identify and face the reasons for this rejection. There seem to be two fundamental reasons for this. First it stems from a reaction against the excessive and exclusively corporal nature of past practices of mortification. Secondly the rejection arises out of an affirmation that there is enough mortification inherent in trying to live a good Christian life of love. Certainly whenever the word "mortification" is spoken in Christian circles it immediately calls to mind a grim picture of severe corporal austerities aimed at prevention of or reparation for sin. Such practices of "attacking" the body do violence to our contemporary awareness of the sacrality of all material ex-istence. We react strongly against the Platonic dualistic view of life implicit in these practices which views the soul as imprisoned in the body and yearning for release from its evil propensities. Furthermore instead of releasing a person from his self-centeredness, these practices often enough focused concern on the self by creating an obsessive preoccupation with avoiding pleasure and con-solation in a fight to win salvation. The Christian call to turn outward from the self to Christ and his ~people in a spirit of suffering love is overshadowed by the quest for personal perfection in the conquest of temptation. Hence such prac-tices appear to have little connection with a valid Christian life. 'William J. Rewak, S.J., "Mortification," Review for Religious, May 1965, p. 374. 394 / Review for Religious, Volume 34, 1975/3 Inadequacy of Traditional Justifications for Mortification It certainly must be admitted that many past ascetical practices are quite justifiable on "worldly" terms alone apart from any connection with a Chris-tian view of life. Karl Rahner distinguishes three types of ascetical practices which developed independently of Christianity.5 The first type he terms moral asceticism, which uses corporal austerities as a means of self-discipline for the sake of attaining a balance of the various forces in man and thus enabling him to lead a life in harmony with the laws of his nature. Such asceticism seeks to conquer the "animality" in man so that his spirit may rule. This description would fit many of our past practices of mortification. Likewise "mystical asceticism," in using bodily self-denials as a preparation for an experience of religious enthusiasm and mystical insight, has nothing peculiarly Christian about it. The same can be said for "ritual asceticism" which also uses bodily austerities as a way to escape the profane sphere of life for the sake of contact with the transcendent. All these justifications for mortification deny the significance of Christ's Incarna;tion, deny the truth of the Word who is the flesh and blood revelation of God, who reveals the spiritual by means of th~ material. There is no prere-quisite of escape from material reality in order to find God. Contemporary Christianity has rejected past practices of mortification quite justifiably on the grounds that the reasons given for employing them had little to do with solid Christian belief. Indeed the decrees of dispensation of the Friday abstinence and of most of the Lenten fast and abstinence were viewed by many as a sort of"Emancipa-tion Proclamation" freeing Catholics from the slavery of past mortificational practices. In the ensuing exhiliration of freedom not only were the past prac-tices cast off but also the whole concept of relative mortification itself. In the name of freedom for a full human life, many could now repeat the words of James Carroll, "I have given up nothing but giving up for several Lents. I have denied myself self-denial.''6 In the same breath as was said "my work is my prayer," can be said "my life is my mortification." The Search for Enduring Values Yet with all this freedom from the past there seems to be a budding sense of frustration and emptiness. There is a growing awareness that in rejecting past practices we have neglected real values that were inherent in them though covered by distortions. A renewed emphasis on contemplation, solitude, and just plain "wasting time" is finding its way back into Christian literature. These concerns are arising not out of a sense of fear of the modern world and an attempt to hold onto the past but out of the faithfulness to one's own being and the call of need from others. There is a new movement beyond the 5Rahner, op. cit., pp. 60-66. 6James Carroll, "Mortification for Liberation," National Catholic Reporter. December 10, 197 I, p. 10. MortiJi'cation / 39~i smashing of past idolized practices to searching for the foundations of the en-during values and treasures of the Church. The present times demand that we be honest with ourselves. We must ad-mit that our work has not really become our prayer nor our living of life a full realization of the spirit of mortification. As Saint Paul so clearly stresses in the ninth chapter of his letter to the Corinthians, there is more to fighting the good fight and running the good race than the contests themselves. Any good athlete spends much time in preparation for the contest in rigorous discipline and training. Just because we find our exercises for the contest to be inade-quate it does not necessarily follow that all exercises are fruitless. What more appropriate time is there for re-examining and reassessing our own commit-ment to and training for the contests of life than now in this Holy Year of renewal and reconciliation with its special focus on personal, interior renewal? Necessity of Re-affirming the Value of Mortification From our discussion of the possible reactions to the experience of suffering and death, it is clear that total acceptance and creative affirmation of them in hope is not man's natural, spontaneous response. The mere acceptance of suf-fering and death as inevitable and a willingness to face it as it comes along is not enough in view of the Christian's radical call to affirm and give himself fully to these realities. If these "contests" are seen to hold out to every man the prize of the very meaning of all life, then they are not simply "contests" which we resign ourselves to entering, but "contests" to be trained and prepared for. A spontaneous response of faith and hope in the face of suffering and death springs from a person who has already radically affirmed these realities in the actions of his own life. The way a person affirms any values in his life is by means of the actions he freely chooses. It would seem that self-chosen acts of self-denial affect the depths of a person in a very special way that fate-imposed
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The article analyses the state of the most popular and least popular professions and specialties in Ukraine. It's found that there are no specialties in the field of land management among them. It is also noted that at the legislative level the specialties "Land Management and Cadastre" and "Evaluation of land and real estate" were replaced by the specialty "Geodesy and land management", which belongs to the field of knowledge "Architecture and construction" (technical sciences). It is substantiated that the profession of land manager should relate to the field of knowledge of "Social and behavioural sciences". It's based on the provisions of the Law "On Land Management" and the study of world experience of the essence of the concepts of land management and land management planning (both have technical, socio-economic, legal and environmental focus).It is proved that the profession of land manager needs to be reprofiled. In this regard, there is a need to identify new specialties and specializations and add them into the state classifier DK 003: 2010. It's important to expand the training of specialists within: 1) specialty 193 "Geodesy and land management" specializations "Land Management and Land Use Administration" and "Cadastral Registrar"; 2) specialty 101 "Ecology" specialization "Land management and ecologization of landuse", 3) specialty 051 "Economics" specialization "Economics of land management and land use". It is proposed to add them to the classifier.Keywords. Profession "land manager", labour market, perspective specialties and specializations in land management, new qualifications. Formulation of the problem. The development of society at all times was associated with the arrangement of lands, which today remains the main means for the existence of mankind and a source of social wealth. The need to establish the limits disturb landowners from ancient times. This function is performed by land surveyors. When the first representatives of this profession appeared, it is certainly not known. But the land surveyor is now a profession demanded both in the village and in the city. In our country, the profession of land surveyor always respects honour because it is devoted to the invaluable treasures of Ukraine - land, which has always attached special significance.According to the research conducted in Ukraine, soon, the 10 most demanded professions include: programmers (C++, Java), food industry technologists, construction engineers, architects, designers of offices and interiors, personnel managers, recruiters, energy engineers, journalists, technologists of light industry products, financiers (specialization "banking") [1]. In addition, prospective include: hotel business managers, accountants, auditors, lawyers, marketers.According to the Ministry of Education and Science of Ukraine, according to the results of the 2017 admission, the most popular specialties among the entrants for the Bachelor in Ukraine were Philology, Law, and Management. 85 thousand, 74 thousand and 59 thousand applications have been filed for the stated above specialties respectively. In addition, among the leaders are "Medicine", "Computer Science", "Tourism", "Secondary Education", "Psychology", "Economics". These specialties were desirable to enter by 40 to 46 thousand of entrants. The last step in the TOP-10 was "Software Engineering" with the result of 33 thousand applications (Fig. 1) [9]. Despite the stated above facts, it has been revealed that such specialties as "Law", "Management", "Tourism" and "Economics" remain among the most popular among entrants even though they are not in demand in the labour market. At the same time, the high levels in the ranking are occupied by important for the economy specialties, such as "Computer Science" and "Software Engineering". The least popular specialties are (fig. 2) "Theology" (185 applications excluding spiritual higher educational institutions) and "Hydropower" (193 applications for entry).However, specialties for the preparation of a specialist in land management are absent among the most and least popular. Therefore, with a caution we have to perceive the situation.The list of required occupations in the labour market is changing. Focus magazine has ranked the professions that will be promising in 5-10 years [10]. Before allocating the most promising specialties, the publication together with experts identified the areas of the economy that will actively develop in the near future. So, at first there was a list of 40 spheres of the economy, which, according to Focus, will successfully develop in the next 5-10 years. Experts evaluated the prospects for the development of these industries on a 10-point scale, giving each sector a mark from 1 to 10 points. At the same time, each expert could add to the list the industry that was not among the 40 listed, but whose potential he considers rather large.According to the obtained data, the rating of 15 most promising industries has been designed, and include: information technologies, telecommunications and communications, agriculture, pharmaceutical production and pharmacy business, banking, frying and processing industry, transport services, financial services, legal services, household services, metallurgy, alcohol production, energy, livestock, utilities.So, the 20 most promising professions of the next decade will be the following: the seller, the IT specialist, the automation engineer, the marketer, the municipal services engineer, the aeroengineer, the technologist in the production and processing of food products, the technologist of consumer services, logistics, the lawyer (economic and land law), power engineer veterinarian, pharmacologist, financier, communication engineer, practical psychologist, geneticist, biochemist, robotic technician, nanoengineer.In addition, agrarian countries are actively developing organic and farm farming. This will require the involvement of a large number of employees who are able to work on the ground - and thus, forms a serious niche. In general, the labour market trends in the coming years can be reduced to nine main directions [5]: engineers, IT specialists, nanotechnology specialists, marketers, service providers, logistics, environmentalists, chemists, and physicians.The Resolution of the Cabinet of Ministers of Ukraine dated December 30, 2015, No. 1187, approved new Licensing conditions for the conduct of educational activities [7] concerning the further conduct of educational and scientific work in educational institutions. By the order of the Ministry of Education and Science dated November 6, 2015, No. 1151 "On the peculiarities of the introduction of the list of branches of knowledge and specialties [6], which are the training of applicants for higher education, approved by the Cabinet of Ministers of Ukraine from April 29, 2015, No. 266" [8] approved Table of correspondence List of directions for training of specialists in higher educational establishments for the educational-qualifying level of bachelor (List 1), List of specialties, which was carried out training of specialists in higher education institutions for educational and qualification levels of a specialist and a master's degree (List 2).In the stated above Resolution, it is defined that instead of the specialties "Land Management and Cadastre" and "Land and Real Estate Valuation" – the specialty "Geodesy and Land Management" is established. The latter belongs to the field of knowledge "Architecture and Construction", which belongs to the technical sciences.At the same time, the Law of Ukraine "On Land Management" stipulates that land management is a set of socio-economic and environmental measures aimed at regulating land relations and rational organization of the territory of administrative-territorial units, economic entities carried out under the influence of social and productive relations and development of productive forces [2]. The same law (Article 1) stipulates that activities in the field of land management are the scientific, technical, production and management activities of state authorities, local governments, legal entities and individuals, which is carried out under land management. Land-use documentation (land management documentation) is the text and graphic materials approved in accordance with the established procedure, which regulate the use and protection of lands of state, communal and private property, as well as survey and land survey materials, author's supervision of project implementation, etc. Measures on land management – provided by documentation on land management on the rational use and protection of land, the formation and organization of the territory of the object of land management, taking into account their purpose, restrictions on the use and restrictions (encumbrances) on the rights of other persons (land servitudes), preservation and increase of fertility soils.This is evidence that the profession of land surveyor is more likely to belong to the field of knowledge of "Social and behavioural sciences" than to "Architecture and construction". Architecture (Greek αρχιτεκτονικη - construction) is both a science and the art of designing buildings, as well as a system of buildings and structures that form a spatial environment for the lives and activities of people in accordance with the laws of beauty. Land management, as stated in the Law of Ukraine "On Land Management" – a set of socio-economic and environmental measures aimed at regulating land relations and rational organization of the territory of administrative-territorial entities and economic entities on the ground.As the research of A.M. Tretiak and V.M. Tretiak shows, the concept and essence of land management has both a technical direction and socio-economic, legal and environmental.Land managers have worked and work in the structural subdivisions of the State Committee for Land Resources of Ukraine, the State Land Agency of Ukraine and the State Audit Office of Ukraine, state authorities and local self-government bodies, and ministries (where there are departments of land resources); in public and private design and valuation companies, real estate firms, agroholdings, agricultural enterprises; territorial communities, scientific institutions, institutions of legal direction. civic organizations.The land manager learns not only his professional knowledge, but also legal and natural sciences. For a profession it is necessary to have mathematical abilities, engineering approach, spatial imagination, ability to understand the legislation. The profession is extremely interesting and creative, which requires the ability to make informed decisions, communicate with people, requires care, clarity and responsibility. To become a successful specialist in this field, you need to be persistent, self-confident, active, have a well-developed intuition and logical thinking.According to the classification of professions, the professional activity of the land manager relates to professions such as "human-nature". To date, the land manager must have a higher education in the field of "Architecture and Construction" from the specialty "Geodesy and Land Management", according to the educational qualification level: a junior specialist, a bachelor's or a master's degree.Currently, land managers use modern equipment in their work: electronic instruments; new technologies of geographic information systems. Significant problems arise when making managerial decisions due to the imperfection of the regulatory framework - when three different land managers can have three different views on the same issue. At the same time, for professionals it is extremely important to come to a joint decision. But how can the problems of legislation be explained to an ordinary peasant? It's a shame when you can not help a person in solving his question, and even more - when you do not know how to explain the impossibility of solving a particular problem. The disadvantage of the profession is also that there is little free time for personal life, family and wage mismatch in modern times. The advantages include: work is interesting, lots of communication, new knowledge in land law, and more.At the same time, we consider it necessary to stay on the proposals of A. Martyn outlined in the scientific paper "Directions of adaptation of the content of land management education to the needs of the national and world economy" [3], where he publishes "bad news" for land management education – whether we are ready for them? He states: "Most of our graduates will not develop landuse documentation at all; the number of jobs in the industry is quite limited; the overwhelming part of the "modern" Ukrainian land management is a terrible mix of fairly archaic rules, a crazy bureaucracy and meaningless rituals, in order to master the development of primitive land management documentation, it takes 2-3 weeks of practical training, but not 5 years at the university, and a significant part of cadastral registrar are lawyers.Some of these reservations agreeable. Therefore, his thoughts emphasize once again the need for serious changes in the training of land management specialists.Thus, all of the above stipulates the need for changes in the classification of occupations DK 003: 2010 and the definition of new specialties and specialization training of land management specialists.In our opinion, it is expedient to extend the training of specialists in land surveying in the following areas: 1) specialty 193 "Geodesy and land management" of the specializations "Land Management and Land Use Administration" and "Cadastral Registrar"; 2) specialty 101 "Ecology" specialization "Land management and ecologization of land use"; 3) specialty 051 "Economics" specialization "Economics of land management and land use".At the same time, we consider it expedient to add the following qualifications to the classifier of professions DK 003: 2010: in section 8 "Main specialists – heads of scientific research units and subdivisions on scientific and technical preparation of production and other managers" – Chief land surveyor; in section 14 "Managers of enterprises, institutions, organizations and their subdivisions" – Manager of land management, Manager in the field of operations with land, Manager in the field of research in the land market; in section 25 "Agronomists, hydraulic engineering, forest managers and professionals of related professions" – Land manager; in section 33 "Assistant veterinarians, junior specialists in agronomy, forestry, water management and nature conservation" – Land Resources Inspector; in section 34 "Other technical specialists in the field of management" – State Inspector for the use and protection of land; in section 249 "Professionals not included in other classification groups". Land manager-ecologist, Land manager-designer.Conclusions.Summing up, we note that the assignment of the specialty "Geodesy and land management" to the field of knowledge "Architecture and Construction" (engineering science) does not comply with the provisions of the Law "On Land Management", the study of world experience of the essence of the concepts of land management, which determined that they are inherent in technical, as well as socio-economic, legal and environmental trends. In this connection it is proved that the profession of land manager belongs to the field of knowledge of "Social and behavioral sciences".In view of this, the need for re-engineering the directions of land management training is urgent. Therefore, we must work ahead and make changes to the classification of professions DK 003: 2010 regarding the definition of new specialties and specialization training of specialists in land management. We consider it expedient to expand the training of specialists within: 1) specialty 193 "Geodesy and land management" of the specialties "Land Management and Land Use Administration" and "Cadastral Registrar"; 2) specialty 101 "Ecology" specialization "Land management and ecologization of land use"; 3) specialty 051 "Economics" specialization "Economics of land management and land use" (qualification "Land Management Manager"). It is proposed to make changes to the list of qualifications. ; У пропонованій статті проаналізовано стан найзатребуваніших і найменш популярних професій, спеціальностей в Україні та виявлено, що спеціальності для підготовки фахівців землевпорядного профілю серед них відсутні. Також відзначено, що на законодавчому рівні спеціальності «Землеустрій та кадастр», «Оцінка землі та нерухомого майна» з підготовки зазначених фахівців замінено на спеціальність «Геодезія та землеустрій», яку віднесено до галузі знань «Архітектура та будівництво» (технічні науки). Обґрунтовано, що професія землевпорядника має відноситись до галузі знань «Соціальних та поведінкових наук», підставою чого слугували положення ЗУ «Про землеустрій» та дослідження світового досвіду сутності понять землеустрою і землевпорядкування (мають як технічне, так і соціально-економічне, правове й екологічне спрямування). Доведено, що професія землевпорядника потребує перепрофілювання. У цьому зв'язку існує необхідність у визначенні нових спеціальностей і спеціалізацій та внесенні їх до класифікатора професій ДК 003:2010. Вказано на доцільність розширення підготовки фахівців в межах: 1) спеціальності 193 «Геодезія та землеустрій» спеціалізацій «Землеустрій та адміністрування землекористування» і «Кадастровий реєстратор»; 2) спеціальності 101 «Екологія» спеціалізації «Землевпорядкування та екологізація землекористування», 3) спеціальності 051 «Економіка» спеціалізації «Економіка землевпорядкування та землекористування». Запропоновано внести до класифікатора й перелік нових кваліфікацій.Ключові слова. Професія «землевпорядник», ринок праці, перспективні спеціальності та спеціалізації у сфері землевпорядкування,нові кваліфікації.
Striking, overtime bans and refusing to carry out certain tasks[1] are collective forms of actions that can arise from workplace disputes. These industrial actions are of fundamental importance: the temporary halt in work production leverages a demand to enforce workers' rights. Despite this, the UK does not recognise the legal right to withdraw labour. Instead, the UK's "right to strike" is said to depend on a complex statutory scheme[2]. This article will analyse a variety of sources, "statutes such as TULRCA 1992, the common law, Convention rights, and relevant case law[3]", to determine whether the UK's "right to strike" "is a classic instance of a 'legislated' right[4]" or if it is merely a "slogan/legal metaphor[5]". [1] Hugh Collins, Aileen McColgan and Keith D Ewing,Labour Law(2nd edn, Cambridge University press 2019) pg.706. [2] Alan Bogg and Ruth Dukes, 'Statutory Interpretation and The Limits of a Human Rights Approach: Royal Mail Group Ltd V Communication Workers Union' (2020) 49(3) Industrial Law Journal pg.478. [3] Ibid, pg.478. [4] Ibid, pg.478. [5] Metrobus v UNITE [2009] EWCA Civ 829 (Maurice Kay LJ). - 'In truth, the "right to strike" in the UK depends for its realisation on a complex statutory scheme. Even in jurisdictions where the right to strike is specified textually in a constitutional document, such a complex right must be operationalised through labour statutes. It is a classic instance of a "legislated" right. Since the enactment of the Human Rights Act, and the evolving jurisprudence of the ECtHR, UK law may now be described as protecting a right to strike albeit one that is pieced together from a variety of sources: statutes such as TULRCA, the common law, Convention rights, and relevant case law.'[1] Does this statement accurately encapsulate the UK law on the 'right to strike'? How do the different sources of law interact and what factors determine the correct balance to be reached between competing interests in regulating industrial action? Use case law, statute, legal commentary and social science material in your answer and provide illustrations to support your analysis. In line with socialism and Professor Beverly Silver's assertions, capitalism is established upon 'two contradictory tendencies': 'crises of profitability and crises of social legitimacy'.[2] This 'inherent labour-capital'[3] struggle is reflected within the UK's hostile regulation of industrial action. The courts' and legislature's ideological approaches towards the collective right to withdraw labour unanimously and substantially favours economic growth above social welfare.[4] Striking, overtime bans, and refusing to carry out certain tasks are collective forms of actions that can arise from workplace disputes.[5] These disputes typically occur because employers are unwilling to negotiate with employees and workers about their working terms or conditions. Undeniably, the duration – and the aftermath – of the collective action results in financial losses to the business and affect innocent third parties (i.e. the general public).[6] Therefore, in order to appease and 'bring the labour under control', the capital would 'have to make concessions [i.e. comply with the strikers' new terms], which provoke crises of profitability'.[7] However, the loss suffered by a business[8] during and after industrial action is justified on two persuasive grounds. The first ground identified by Gwyneth Pitt is the human right aspect.[9] To restrict the right to strike would be akin to the horrific period of slavery,[10] where man had no power to withdraw his labour. This justification is recognising the inequalities in bargaining power between employer and employee.[11] This inequality has been further escalated by the growth of the modern-day unstable gig economy; one in nine UK workers are in precarious work.[12] This form of work has limited protection and much lower salaries.[13] Hence, a subsequent ground for the justification of withdrawal of labour is the equilibrium argument. The power of the employer and their actions can only be matched and questioned by a 'concerted stoppage of work'.[14] Essentially, the right to strike is more than the withdrawal of labour: it is also the encompassing 'right to free expression, association, assembly and power'.[15] Yet there is 'no positive legal right to strike in the UK'.[16] Instead, 'the "right to strike" in the UK depends for its realisation on a complex statutory scheme'.[17] In contrast to its neighbouring European countries' (Spain and Italy) jurisdictions 'where the right to strike is specified textually in a constitutional document', the UK law 'protects a right to strike … from a variety of sources: statutes such as TULRCA, the common law, Convention rights, and relevant case law'.[18] The accuracy of Bogg and Dukes' encapsulation of the UK law on the 'right to strike' and how the different sources of law interact will be subsequently discussed. Common Law Judiciary While Spain[19] and Italy[20] protect the right to strike by suspending the contract of employment during industrial action, this contract is broken under English law.[21] This is because the English common law does not confer a right to strike,[22] hence 'the rigour of the common law applies in the form of a breach of contract on part of the strikers and economic torts … [for] the organisers and their union'.[23] It is tortious and indefensible[24] to induce an individual to breach their contract of employment.[25] This principle was established in Lumley v Gye,[26] and this liability extends to trade unions in the context of industrial action.[27] Additionally, there are two further economic torts trade unions can be held liable for: liability for conspiracy to injure (Quinn v Leathem)[28] and causing loss by unlawful means. UntilOBG Ltd v Allan, Douglas, and others v Hello! Ltd,[29] the 'tort of procuring a breach of contract had been ["blurred"[30] and] extended [to be a wider] tort of unlawful interference with contractual relations'.[31] These torts were later distinguished and separated in the House of Lord's (HoL) judgment of OBG v Allan. While it is not often, the courts are encouraged to distinguish and introduce new torts. The HoL in OBG v Allan subsequently outlined the distinguishing elements between unlawful means and the tort of procuring a breach of contract. The tort of procuring a breach of contract is an accessory liability. Whilst the tort of unlawful means is a 'primary liability that is not dependent on the third party having committed a wrong against the claimant'.[32] Yet, despite the tort differences, the HoL confirmed that the same act could give rise to liability under both unlawful interference and procuring a breach of contract.[33] This clarification and the development of unlawful interferences as a separate liability has notably accommodated employers in holding trade unions liable for more than one tort. The OBG v Allan judgment is significant for discussing industrial action for two notable reasons. The first is that it confirms the judiciary's 'uncontrolled power'[34] in developing and 'defining torts boundaries on a case-to-case basis.[35] This power is 'ensur[ing] that trade unions cannot provide a lawful excuse or justification for their actions'[36]; trade unions are ultimately 'stood naked and unprotected at the altar of the common law'.[37] The insufficiency of protection for trade unions under the common law exhibits the judiciary's biased and hostile ideology towards industrial action.[38] This subsequently aligns with the following observation: the courts favour economic profits. This is discerned by the extent to which the contemporary judiciary extends protection for commercial bodies.[39] The primary function of English tort law was to protect physical integrity and property rights; tort law was never concerned with the protection of economic interests.[40] Nor had the common law ever been historically exercised to 'legitimately control aspects of the economy'[41] and yet OBG v Allan demonstrates the extent to which this has now changed. The judiciary has extensively and needlessly stretched the common law and its torts[42] to protect 'already powerful organisations'.[43] Hence, from the perspective of trade unions and their members, the common law's (inadequate) protection for the 'right to strike' has been, undeniably, very disappointing. Statutes Legislature One of the major problems facing trade unions was the 'exposure of their funds to legal action by employers'[44]; in 1901, Taff Vale Railway Co successfully sued the Amalgamated Society of Railway Servants union for £42,000.[45] This sum is equivalent to £5,196,328.39 today. This verdict, in effect, eliminated 'the strike as a weapon of organized labour'.[46] Naturally, workers turned to political parties for redress. The concern and advocacy for trade union reform accounted for 59% of the winning Liberal party's election manifesto.[47] The Liberal government, led by Prime Minister Henry Campbell-Bannerman, provided unions with wide immunity against any tortious liability arising from trade disputes under The Trade Disputes Act (TDA) 1906. Although this Act did not introduce a 'legislated right' for industrial action,[48] this statute effectively recognised the vulnerability of unions under the common law by 'secur[ing] a [statutory] freedom' instead. [49] The TDA is one of the 'mostimportantpieces oflabour legislationever passed by a British Parliament'[50]; it effectively 'kept the courts at a minimum'[51] and neutralised the most obvious adverse effects of the Taff Vale judgment. The 'sympathetic politicians' were 'periodically reconstructing' the role of the 'class-conscious', profit-favouring judiciary.[52] The outcome of the 1906 general election 'served the unions' interests well'[53] and it continued to for 65 years. The 'long enjoyed'[54] immunity of trade unions for liability in tort was reduced to partial immunity under the Thatcher government (1979-90). There is a 'scale of government ideology' which ranges from 'fully participative' to 'fully authoritative',[55] and the Thatcher government was the undoubtable latter. The Conservative ideology and economists, such as FA Hayek, viewed trade unions as an obstacle to economic growth.[56] This perception was heightened by the Winter of Discontent (1978-79): a period characterised by widespread of strikes in response to the Labour government's wage cap (to maintain falling inflation).[57] Subsequently, Thatcher's government further justified the re-introduction of liability for trade unions upon the succeeding Green Papers: the 1981 Trade Union Immunities[58] and the 1989 Trade Unions and their Members.[59] Both papers outlined concerns regarding democracy, rights, and freedom of trade union members; 'too often in recent years it has seemed that employees have been called out on strike by their unions without proper consultation and sometimes against their express wishes'.[60] Accordingly, the Thatcher government introduced legislation that prior Conservative governments were afeard of passing: the Employment Act 1980, Trade Union Act 1984, and Trade Union Reform and Employment Rights Act 1993. These re-introduced vulnerability and high costs for unions. Under the Employment Rights Act 1980, 'trade-dispute' was re-defined, statutory liabilities were introduced and unions were exposed to injunctions and claims for damages. However, upon complying with the stringent balloting requirements (from secret ballot to the requirement for all ballots to be postal) in the 1984 and 1993 Acts, the dispute would be deemed lawful.[61] It is expensive for unions to comply and evidence the fulfilled balloting requirements, but if lawful union members are statutorily protected from unfair dismissals and injunctions.[62] While this is a brief summary of the Acts, these restrictive measures offer an insight into the Thatcher government's success in exercising its agenda of restricting the lawfulness of industrial action by limiting its previously protected scope and purposes. Subsequently, the process of placing further controls on trade unions continued into the 21st century.[63] The 2015 Conservative government introduced the 'draconian'[64] Trade Union Act 2016 (TUA) – the most significant union legislation since the Employment Act 1980. The TUA introduced a minimum threshold of eligible members to vote in the ballot (at least 50% turnout and 50% voting in favour).[65] Moreover, in the instance the members are engaged in 'important public services',[66] 40% of all members entitled to vote must have voted in support of the industrial action. These stringent procedural requirements have to be strictly followed for a strike to be lawful.[67] Oddly, there was no pressing need to introduce these restrictive measures.[68] There were no significant problems in industrial relations at the time (ie, Winter of Discontent) nor any significant 'pressure from business for further laws on strikes',[69] but the Conservative government justified these 2016 measures through the findings of Bruce Carr QC and Ed Holmes.[70] The Government submitted the Carr Review to indicate a consistent pattern of union bullying workers, and yet Carr himself 'did not contend his findings to be a sufficient basis' for influencing the TUA.[71] Instead, the true motivations behind the government's 2016 legislative programme are observed by the 'striking resemblance'[72] to Ed Holmes Modernising Industrial Relations (MIR) paper.[73] The policy paper daringly questioned the necessity of protecting industrial action by reflecting on the development of employment tribunals and discussing the economic consequences of strikes. The same 'free-market economic theory' that underpinned the MIR's recommendations 'drove' the pragmatically restrictive and economically influenced 2016 statute developments.[74] The substance of today's statute in protecting trade unions 'is far removed and much weaker than the position established in 1906'.[75] Since the Henry Campbell-Bannerman leadership, trade union membership has declined by more than half due to the 'three successive Conservative governments [who] have enacted labour legislation opposed by unions'.[76] It appears the deep-rooted ideology of the political party in power influences the legislative steps for protecting trade unions.[77] Therefore, the extent of the Conservative government's 'authoritarian, class-biased and oppressive'[78] industrial action policies will be exemplified and 'more evident than they are today when a Labour government is elected again'.[79] Judiciary While the likes of Maurice Kay LJ and Lord Neuberger MR 'characterised the statutory immunities as limited exceptions to the common law' to justify interpreting the statute provisions 'strictly against the trade union', the court's overall response to industrial action 'has been more mixed'.[80] The court in Merkur Island Shipping v Laughton[81] developed a three-part test to examine the legality of industrial action. This test encapsulates the substantive and procedural requirements for a lawful strike whilst observing the intertwined and 'uneasy' relationship between the common law and statute.[82] If the industrial action is unlawful at common law, the judiciary asks whether there is a 'prime facie statutory immunity' for the commission of torts.[83] This substantive question considers whether the action was 'in contemplation or furtherance of a trade dispute'[84] before questioning whether the immunity had been procedurally lost by one of the three specified statutory reasons in TULRCA 1992.[85] The union's partial immunity could be lost for minor 'inconsequential breaches of the statutory rules'[86]; there is a series of High Court instances of injunctions being granted to 'ever more powerful and well-resourced employers'[87] owing to invalid strike ballots.[88] The readily available labour injunctions continued to be the "key piece[89]" of suppressing collective action until the minor development in 2011. In RMTv Serco Ltd;ASLEFv London and Birmingham Railway Limited (RMT and ASLEF),[90] the Court of Appeal approved and applied Millett LJ's 1996 observation in London Underground Limited v National Union of Railwaymen, Maritime and Transport Staff:[91] 'the democratic requirement of a secret ballot is not to make life more difficult for trade unions … but for the protection of the Union's own members'.[92] Owing to this proposed democratic aim, the court in RMT and ASLEF confirmed it was 'to interpret the statutory provisions somewhat less stringently'.[93] This interpretation is a stark contrast to Maurice Kay LJ's understanding of parliament's intentions. The court furthered Millett LJ's aim by recommending a neutral, 'without presumptions one way or the other',[94] interpretation of TULRCA. Upon the fact TULRCA is premised on the existing common law framework, the court's 'judicial creativity' could have easily 'outflank[ed] the intentions of Parliament'.[95] Instead of a 'neutral' approach, the courts have the power to mitigate unions disproportionate vulnerability against injunctions, damages, and unfair dismissals by encouraging and favouring social legitimacy. Although, the RMT and ASLEF court 'only indicated a change in emphasis rather than substance'[96] (since unions are still burdened with the challenges of exercising a 'lawful' strike),[97] this judgment enhanced union's ability to resist injunction applications (as observed by Balfour BeattyEngineering Services Limitedv Unitethe Union).[98] The unbiased interpretation encouraged in RMT and ASLEF continues to be the leading approach to interpreting domestic statutes regarding industrial action. ECHR Judiciary Admittedly, the scope of Maurice Kay LJ's strict interpretation was narrowly limited by the European Court of Human Rights (ECtHR).[99] The ECtHR confirmed, in Enerji Yapi-Yol Sen v Turkey,[100] that Article 11 of the European Convention on Human Rights included protection of the right to strike. This Article, and Article 6 of the European Social Charter[101] bestow the right to strike for their member states members and due to the UK Human Rights Act 1998, 'British workers are understood to enjoy a right to strike'.[102] This, unlike the mere domestic statutory immunities, is the only instance of a 'legislated' right to strike in the UK.[103] Under section 3(1) of the Human Rights Act 1998, 'statutory provisions must be read and given effect in a way which is compatible with the Conventionrights'[104] – 'the opportunity to test this line of argument'[105] in the English courts arose in Metrobus Ltd v Unite the Union (Metrobus).[106] The Court of Appeal rejected the Enerji arguments; the Court denied the authority's relevance for the interpretation of UK statutory provisions. This judgment continues to be the leading precedent on the UK's provisions of Article 11,[107] despite the RMT and ASLEF judgment. In RMT and ASLEF, the UK courts acknowledged the 'clearly protected'[108] right to strike under ECHR Article 11. However, the court emphasised the importance of a 'fair balance to be struck between the competing interests of the individual and the community as a whole'.[109] The emphasised interests of the 'community' motivated the court's justification for the ban on secondary action owing to its 'potential to … cause broad disruption within the economy and to affect the delivery of services to the public'.[110] Subsequently, the court confirmed that this ban aligns with Article 11(2) 'on the basis of a wide margin of appreciation accorded to the State'.[111] While the court is correct to recognise their bestowed margin of appreciation, the court rationalised the granting of the injunction, 'which itself cost the union a substantial sum',[112] upon economic factors. This factor is not only 'wholly irrelevant to the specific facts of the application' but it disregarded and postponed 'the exercise of what was acknowledged to be a convention protected right'.[113] The court effectively and 'successfully prevented industrial action on the basis of legal' human rights provisions 'which are intended to benefit workers'.[114] In short, there 'is no point creating rights' or passing human rights legislation if the 'court is not prepared to defend them'.[115] There will continue to be an erosion of human rights protection until there is greater coordination between the domestic courts and the ECtHR. It is credible to conclude that the UK judiciary is more concerned with profitability, self-preservation of UK powers, and 'in appeasing political forces'[116] above the interests of the individuals it and the Convention Rights was established to serve. Legislature The RMT and ASLEF court's 'blessing of a wide margin of appreciation' in the 'encompassment' of Article 11 offered a 'green light for further restrictive legislation on industrial action' by the 'only too happy Government'.[117] Here, Boggs and Ewing detect 'the crude politics of power'.[118] Upon observing the Court of Appeal's reluctance to exercise EU conventions, and the UK courts' developments that continue to be 'very much in line with the political approach of the Conservative government',[119] it materialises that the court and government are not 'looking to open a third (ECtHR) front'.[120] The Government has recently launched an 'independent review' of the Human Rights Act.[121] The review aims to evaluate 'the duty to take into account' ECtHR case law and assess 'whether dialogue between our domestic courts and the ECtHR works effectively and if there is room for improvement'.[122] It is worth highlighting that this 'independent' review will be led by former Court of Appeal Judge, Sir Peter Gross – the same judge who remarked that 'the more that controversial areas are "outsourced" … the greater the challenge for … judicial leadership'.[123] The former judge is a notable advocate for greater domestic judicial leadership.[124] This advocacy hints the likelihood of the review condemning the relevance and precedence of the ECtHR (and Human Rights Act 1998) in 'controversial' matters such as industrial action. This review has the powerful ability to eliminate the only instance of a legislated right to strike in the UK.[125] Ultimately 'The notion of lawful industrial action is restrictive', the procedural requirements are 'onerous' and the consequences of unions liability for unlawful strikes are 'serious'.[126] Nearly two decades after the European Social Charter's review,[127] the UK still does not guarantee the right to strike. The precedent in Metrobus still stands. There continues to be a 'poorly reasoned and barely consistent' series of judgments 'by what looks like a weak, timid'[128] and politically influenced[129] judiciary. The enactment of the 'Human Rights Act and the evolving jurisprudence of the ECtHR'[130] will not prescribe a right to strike in the UK until the Supreme Court or ECtHR rule UK's current provisions as incompatible with Article 11. In truth, 'the right to strike [in the UK] has never been much more than a slogan or a legal metaphor'.[131] This 'slogan' is a regime of immunities that are purposely designed upon an overly complex and expensive statutory system.[132] These immunities are not adequately or proportionately protecting workers, unions, and one in nine vulnerable, precarious workers against the 'pitfalls'[133] of damages, injunctions, and unfair dismissals.[134] This system was successfully underlined with the political agenda of deterring trade disputes; the UK's worker strike total has fallen to its 'lowest level since 1893'.[135] The 'unanimous and hostile'[136] approach of the legislature and the judiciary towards industrial action exhibits the UK's covert 'culture of routinely disregarding'[137] social legitimacy in favour of profits. [1] Alan Bogg and Ruth Dukes, 'Statutory Interpretation and The Limits of a Human Rights Approach: Royal Mail Group Ltd v Communication Workers Union' (2020) 49 ILJ 477, 478. [2] Nicholas Pohl,'Political and Economic Factors Influencing Strike Activity During the Recent Economic Crisis: A Study of The Spanish Case Between 2002 And 2013' (2018) 9 Global Labour Journal 19, 21. [3] ibid, 21. [4] Harry Smith, 'How Far Does UK Labour Law Provide for The Effective Exercise of a Right to Strike?' (2014) 6 The Student Journal of Law accessed 15 December 2020. [5] Hugh Collins, Aileen McColgan and Keith D Ewing,Labour Law(2nd edn, CUP 2019) 706. [6] Gwyneth Pitt,Cases and Materials on Employment Law(1st edn, Pearson Education Limited 2008) 570. [7] Pohl (n 2), 21. [8] Beverly J Silver,Forces of Labor Workers' Movements and Globalization Since 1870(CUP 2003) 17. [9] Pitt (n 6), 570. [10] Manfred Davidmann, 'The Right to Strike' (Solhaam, 1996) accessed 15 December 2020. [11] Adam Smith,An Inquiry into The Nature and Causes of The Wealth of Nations(Cofide 1776). [12] Bethan Staton, 'The Upstart Unions Taking on The Gig Economy and Outsourcing' (Financial Times, 20 January 2020) accessed 16 December 2020 [13] Employment Rights Act 1996,s212. [14] Trade Union and Labour Relations (Consolidation) Act (TULRCA)1992, s246. [15] Brian Smart, 'The Right to Strike and The Right to Work' (1985) 2 Journal of Applied Philosophy 31. [16] 'Industrial Action' (UNISON National) accessed 7 December 2020 [17] Bogg and Dukes (n 1), 478. [18] ibid, 478. [19] Article 18 of the Spanish Constitution and regulated by Royal Decree-Law 17/1977 of 4 March on Labour Relations ('RDLLR') and Article 4.1.e) of the Spanish Workers' Statute. [20] Article 40 of theItalianRepublic Constitution of 1948. [21] Collins, McColgan, and Ewing (n 5), 714. [22] RMT v Serco; ASLEF v London and Birmingham Railway [2011] EWCA Civ 226, [2011] ICR 848 [2]. [23] Metrobus Ltd v Unite the Union [2009] EWCA Civ 829, [2010] ICR 173 [118]. [24] South Wales Miners' Federation v Glamorgan Coal Co [1905] AC 239. [25] Collins, McColgan, and Ewing (n 5), 714. [26] (1853) 118 ER 749. [27] Taff Vale Railway Co vAmalgamated Society ofRailwayServants [1901] AC 426. [28] [1901] AC 495. [29] [2007] UKHL 21, [2008] 1 AC 1. [30] 'House of Lords Overhaul Economic Torts' (Herbert Smith Freehills, 17 May 2007) accessed 9 December 2020 [31] ibid. [32] OBG v Allan (n 29). [33] ibid, [37]. [34] Hazel Carty, 'The Economic Torts and English Law: An Uncertain Future' (2007) 95 Kentucky LJ 849. [35] Lonrho v Fayed [1990] 2 QB 479, 492-93. [36] Collins, McColgan, and Ewing (n 5), 714. [37] ibid, 714. [38] ibid, 849. [39] ibid, 848. [40] ibid, 847. [41] ibid, 847. [42] Cartey (n 34), 847. [43] ibid, 849. [44] Richard Kidner, 'Lessons in Trade Union Law Reform: The Origins and Passage of The Trade Disputes Act 1906' (2018) 2 Legal Studies 37. [45] Taff Vale (n 27). [46] Merriam-Webster,Merriam-Webster's Collegiate Encyclopedia(Merriam-Webster 2000) 1157. [47] Kidner (n 44), 47. [48] Bogg and Dukes (n 1), 478. [49] RMT and ASLEF (n 22) [2]. [50] Keith Ewing, 'The Right to Strike: From the Trade Disputes Act 1906 To A Trade Union Freedom Bill 2006' (Institute of Employment Rights, March 2013) accessed 11 December 2020. [51] The Editors of Encyclopedia Britannica, 'Trade Disputes Act' (Encyclopedia Britannica, 20 July 1998) accessed 11 December 2020. [52] Ewing (n 50). [53] Encyclopedia Britannica (n 51). [54] FA Hayek, 'Trade Union Immunity Under the Law' The Times (London, 21 July 1977) 15 accessed 11 December 2020 [55] Davidmann (n 10). [56] Hayek (n 54). [57] Alex Kitson, '1978-1979: Winter of Discontent' (Libcom.org, 24 January 2007) accessed 11 December 2020. [58] Cmd, 8128, 1981. [59] Cmd 821, 1989. [60] Trade Union Immunities (n 58), para 247. [61] Trade Union Reform and Employment Rights Act 1993, s238A. [62] TULRCA 1992, ss237-38. [63] Michael Ford and Tonia Novitz, 'Legislating for Control: The Trade Union Act 2016' (2020) 45 ILJ 227. [64] Bart Cammaerts, 'The Efforts to Restrict the Freedom to Strike and To Deny A Right to Strike Should Be Resisted Fiercely' (LSE Blogs, 14 September 2015) accessed 11 December 2020. [65] TUA 2016, s226(2)(a) (ii). [66] ibid, s226(2)(e). [67] ibid, s238A. [68] Ford and Novitz (n 63), 291. [69] ibid, 291. [70] ibid, 291. [71] ibid, 291. [72] ibid, 279. [73] Modernising Industrial Relations n.7. [74] Ford and Novitz (n 63), 279. [75] Ewing (n 50). [76] Brian Towers, 'Running the Gauntlet: British Trade Unions Under Thatcher, 1979-1988' (1989) 42 ILR Rev 163. [77] Gareth Thomas and Ian K Smith,Smith & Thomas' Employment Law(9th edn, OUP 2007), 737. [78] Davidmann (n 10). [79] Bogg and Dukes (n 1), 492. [80] Ruth Dukes, 'The Right to Strike Under UK Law: Not Much More Than A Slogan? NURMT v SERCO, ASLEF v London & Birmingham Railway Ltd' (2011) 40 ILJ 302, 309. [81] [1983] ICR 490. [82] Collins, McColgan, and Ewing (n 5), 847. [83] TULRCA 1992, s219. [84] ibid. [85] ibid, ss222, 224, and 226. [86] Dukes (n 80), 309. [87] Kalina Arabadjieva, 'Royal Mail Group Ltd v Communication Workers Union (CWU): Injunctions Preventing Industrial Action and The Right to Strike' (UK Labour Law, 6 March 2020) accessed 12 December 2020. [88] TULRCA 1992, s226. [89] Arabadjieva (n 87). [90] n 22. [91] [1996] ICR 170. [92] ibid, [180]-[182]. [93] Dukes (n 82), 309. [94] RMT and ASLEF (n 22), [2]. [95] Smith (n 4). [96] Ford and Novitz (n 63), 281. [97] Arabadjieva (n 87). [98] [2012] EWHC 267 (QB). [99] Keith Ewing and Alan Bogg, 'The Implications of The RMT Case' (2014) 40 ILJ 221, 222. [100] [2009] ECHR 2251. [101] 'The right to bargain collectively.' [102] Keith Ewing and John Hendy, 'The Dramatic Implications of Demir and Baykara' (2010) 39 ILJ 2. [103] Bogg and Dukes (n 1), 478. [104] ibid. [105] Dukes (n 82), 303. [106] n 23. [107] Dukes (n 82), 310. [108] Ewing and Bogg (n 99), 221. [109] RMT and ASLEF (n 22), [77]. [110] ibid, [82]. [111] ECHR Art 11 (2). [112] Ewing and Bogg (n 99), 251. [113] ibid, 221. [114] Arabadjieva (n 87). [115] Ewing and Bogg (n 99), 223. [116] ibid, 251. [117] Ford and Novitz (n 63), 282. [118] Ewing and Bogg (n 99), 223. [119] Thomas and Smith (n 77), 737. [120] Ewing and Bogg (n 99), 223. [121] Ministry of Justice, 'Government Launches Independent Review of the Human Rights Act' (Gov.uk, 7 December 2020) accessed 15 December 2020. [122] ibid. [123] Jamie Susskind, 'Jamie Susskind Comments on Sir Peter Gross' Lecture on Judicial Leadership' (Littleton Chambers) accessed 15 December 2020. [124] ibid. [125] ECHR Art 11. [126] Ruth Dukes, The Right to Strike Under UK Law: Something More Than A Slogan? Metrobus v Unite The Union [2009] EWCA Civ 829' (2010) 39 ILJ 1, 7. [127] ESC, Report of the Committee of Experts 2002. [128] Ewing and Bogg (n 99), 251. [129] Thomas and Smith (n 77), 737. [130] Bogg and Dukes (n 1), 478. [131] Metrobus (n 23) (Maurice Kay LJ). [132] Bogg and Dukes (n 1), 478. [133] Dukes (n 125), 9. [134] ibid, 7. [135] Richard Partington, 'UK Worker Strike Total Falls to Lowest Level Since 1893' (The Guardian, 30 May 2018) accessed 15 December 2020 [136] Smith (n 4). [137] ibid.
Issue 32.3 of the Review for Religious, 1973. ; Review ]or Religious is edited by faculty members of the School of Divinity of St. Louis University, the editorial offices being located at 612 Humboldt Building; 539 North Grand Boulevard; St. Louis, Missouri 63103. It is owned by the Missouri Province Educational Institute; St. Louis, Missouri. Published bimonthly and copy-right ~) 1973 by Review /or Reqgious. Composed, printed, and manufactured in U.S.A. Second class postage paid at St. Louis, Missouri. Single copies: $1.25. Sub-scription U.S.A. and Canada: $6.00 a year; $11.00 for two years; other countries, $7.00 a year, $13.00 for two years. Orders should indicate whether they are for new or renewal subscriptions and should be accompanied by check or money order payable to Review ]or Religious in U.S.A. currency only. Pay no money to persons claiming to represent Review ]or Religious. Change of address requests should include former address. R. F. Smith, S.J. Everett A. Diederich, S.J. Joseph F. Gallen, S.J. Editor Associate Editor Questions and Answers Editor May 1973 Volume 32 Number 3 Renewals, new subscriptions, and changes of address should be sent to Review for Religious; P.O. Box 6070; Duluth, Minnesota 55802. Correspondence with the editor and the associate editor together with manuscripts, books for review, and materials for "Subject Bibliography for Religious" should be sent to Review for Religious; 612 Humboldt Building; 539 North Grand Boulevard; St. Louis, Missouri 63103. Questions for answering should be sent to Joseph F. Gallen, S.J.; St. Joseph's Church; 321 Willings Alley; Philadelphia, Pennsylvania 19106. The Anointing of the Sick Paul VI The following is an English translation of an apostolic constitution dated November 30 1972 but not made publicly available until January 18 1973. The constitution represents updated provisions for the administration of the sacrament of the anointing of the sick. Subtitles in the following have been added by the editor. The Catholic Church professes and teaches that the sacred anointing of the sick is one of the seven sacraments of the New Testament, that it was in-stituted by Christ, and that it is "alluded to in Mark (Mk 6: 13) and recom-mended and promulgated to the faithful by James the Apostle and brother of the Lord. "If any of you is ill," says James, "he should send for the elders of the Church, and they should anoint him with oil in the name of the Lord and pray over him. The prayer of faith will save the sick man and the Lord will raise him up again; and if he has committed any sins, he will be for-given (Js 5:14-5).1 Ancient Testimonies From ancient times testimonies of the anointing of the sick are found in the Church's tradition, particularly her liturgical one, both in the East and in the West. Especially worthy of note in this regard are two testimonies: The letter which Innocent I, our predecessor, addressed to Decentius, Bishop of GubbioZ; and the venerable prayer used for blessing the oil of the sick: "Send forth, O Lord, your.Holy Spirit the Paraclete," which was inserted 1Council of Trent, Session XIV, De extrema unctione, Chapter 1 (see also ibid., Canon 1): CT, VII, 1, 355-6; DS, 1695, 1716. ZThe letter Si instituta ecclesiastica, Chapter 8: PL 20, 559-61; DS 216. 465 466 / Review ]or Religious, Volume 32, 1973/3 into the Eucharistic prayer:~ and is still preserved in the Roman Pontifical? In the course of the centuries in the liturgical tradition the parts of the body of the sick person to be anointed with holy oil were more explicitly defined in different ways, and there were added various formulas to accom-pany the anointings with prayers which are contained in the liturgical books of the various Churches. During ~the Middle Ages there prevailed in the Roman Church the custom of anointing the sick on the five senses using the formula: "Per istam sanctam unctionem et suam piissimam misericordiam indulgeat tibi Dominus quidquid deliquisti" ["Through this holy anointing and His most loving mercy, may the Lord pardon whatever wrong you have committed"], followed by an adaptive addition for each sense.'~ Conciliar Teaching In addition, the doctrine concerning sacred anointing is expounded in the documents of the ecumenical councils, namely the Council of Florence and in particular the Council of Trent and the Second Vatican Council. After the Council of Florence had described the essential elements of the anointing of the sick,'~ the Council of Trent declared its divine institution and explained what is given in the Epistle of St. James concerning the sacred anointing, especially with regard to the reality and effects of the sacra-ment: "This reality is in fact the grace of the Holy Spirit whose anointing takes away sins, if any still remain to be taken away, and the remnants of sin; it also relieves and strengthens the soul of the sick person, arousing in him a great confidence in the divine mercy, whereby being thus sustained he more easily bears the trials and labors of his sickness, more easily resists the temptations of the devil 'lying in wait' (Gn 3: 15), .and sometimes re-gains bodily health, if this is expedient for the health of the soul.''~ The same Council also declared that in these words of the apostle it is stated with suffi-cient clarity that "this anointing is to be administered to the sick, especially :~Liber sacramentorum Romanae Ecclesiae ordinis amti circuli ed. L. C. Mohlberg, ~'Rerum ecclesiasticarum documenta, Fontes," IV, Rome, 1960, p. 61; Le Sacra-mentaire Gregorien ed. J. Deshusses, "Spicilegium Friburgense," v. 16, Fribourg, 1971, p. 172; and see La Tradition Apostolique de saint Hippolyte ed. B. Botte, "Liturgie-wissenschaftliche Quellen und Forschungen," v. 39, Miinster in W., 1963, pp. 18-9; Le Grand Euchologe du MonastOre Blanc ed. E. Lanne, Patrologia orientalis, v. XXVII1/2, Paris, 1958, pp. 392-5. 4See Pontificale Romanum: Ordo benedicendi oelum catechumenorum et infirmorum et conficiendi chrisma. Vatican City, 1971, pp. 11-2. '~See M. Andrieu, Le Pontifical Romain au Moyen-Age, v. 1, Le Pontifical Romain du Xlle siOcle, "Studi e testi," v. 86, Vatican City, 1938, pp. 267-8; v. 2, Le Pontifical de la Curie romaine au XIIle sikcle, "Studi e testi," v. 87, Vatican City, 1940, pp. 491-2. C'Decretum pro Armenis. G. Hofmann, Council of Florence, I/I1, p. 130; DS 1324f. ~Council of Trent, Sessio XIV, De extrema unctione, Chapter 2: CT, VII,. I, 356; DS 1696. The Anointing ol the Sick / 467 those who are in such a condition as to appear to have reached the end of their life, whence it is also called the sacrament of the dying.''s Finally, it declared that the priest is the proper minister of the sacrament.9 The Second Vatican Council adds the following: " 'Extreme Unction,' which may also and more fittingly be called 'anointing of the sick,' is not a sacrament for those only who are at the point of death. Hence, as soon as any one of the faithful begins to be in danger of death from sickness or old age, the appropriate time for him to receive this sacrament has certainly already arrived.''1° The fact that the use of this sacrament concerns the whole Church is shown by these words: "By the sacred anointing of the sick and the prayer of her priests, the whole Church commends those who are ill to the suffering and glorified Lord, asking that he may ligthten their suffering and save them (cf. James 5:14-6). She exhorts them, moreover, to con-tribute to the welfare of the whole People of God by associating themselves freely with the passion and death of Christ (cf. Rom 8:17; Col 1:24; 2 Tim 2:11-2; 1 Peter 4:13).''11 Revision ot the Rite All these elements had to be taken into consideration in revising the rite of sacred anointing, in order to better adapt to present-day conditions those elements which were subject to change?'-' We have thought fit to modify the sacramental formula in such a way that, in view of the words of St. James, the effects of the sacrament might be better expressed. Further, since olive oil, which hitherto had been prescribed for the valid administration of the sacrament, is unobtainable or difficult to obtain in some parts of the world, we decree, at the request of "numerous bishops, that in the future, according to the circumstances, oil of another sort can also be used provided it is obtained from plants, thus being closer to the oil de-rived from the olive. As regards the number of anointings and the parts of the body to be anointed, it has seemed to us opportune to proceed to a simplification of the rites. Therefore, since this revision in certain points touches upon the sacra-mental rite itself, by our apostolic authorit3~ we decree that for the future the following is to be observed in the Latin Rite. SIbid., Chapter 3: CT, ibid; DS 1698. 'albid., Chapter 3, Canon 4: CT, ibid.; DS 1719. 1°Vatican Council II, Constitutio Sacrosanctum Concilium, 73: AAS, LVI (1964), pp. 118-9. 11Ibid., Constitutio Lumen gentium, ll: AAS, LVII i1965), p. 15. ~See Vatican Council II, Consiitutio Sacrosanctunt Conciliutn, 1: AAS, LVI (1964), p. 97. Review ]or Religious, Volume 32, 1973/3 The Future Rite The sacrament of the anointing of the sick is administered to those who are dangerously ill by anointing them on the forehead and hands with olive oil, or, if opportune, with another vegetable oil properly blessed, and by saying once only the following words: "Per istam sanctam unctionem et suam piissimam misericordiam adiuvet te dominus gratia Spiritus Sancti, ut a peccatis liberatum te salvet atque propitius allevet" ["Through this holy anointing and His most loving mercy, may the Lord assist you by the grace of the Holy Spirit so that when you have been freed from your sins He may save you and in His goodness bring you relief"]. In case of necessity however it is sufficient that a single anointing be given on the forehead or, because of the particular condition of the sick per-son, on another more suitable part of the body, the whole formula being pro-nounced. This sacrament can be repeated if the sick person, having once received the anointing, recovers and then again falls sick, or if, in the course of the same illness, the danger becomes more acute. Promulgation and Conclusion Having laid down and declared these elements concerning the essential rite of the sacrament of the anointing of the sick, we, by our apostolic au-thority, also appi'ove the Order of the anointing of the sick and of their pas-toral care, as it has been revised by the Sacred Congregation for Divine Worship. At the s, ame time, we revoke, where necessary, the prescriptions of the Code of Canon Law or other laws hitherto in forqe, or we abrogate them; other prescriptions and laws, which are neither abrogated nor changed by the above mentioned Order, remain valid and in force. The Latin edition of the Order containing the new rite will come into force as soon as it is pub-lished. The vernacular editions, prepared by the episcopal conferences and confirmed by the Apostolic See, will come into force on the day which will be laid down by the individual conferences. The old Order can be used until 31 December 1973. From 1 January 1974, however, the new Order only is to be used by all those whom it concerns. We desire that these decrees and prescriptions of ours shall, now and in the future, be fully effective in the Latin Rite, notwithstanding, as far as is necessary, the apostolic constitutions and directives issued by our predeces-sors and other prescriptions, even if worthy of special mention. Given at Saint Peter's in Rome, on the thirtieth day of November, in the year 1972, the tenth of our Pontificate. PAUL VI Candlemas Address to Sisters Paul VI I~[irihg the ceremony of the presentation of candles celebrated on February 2 1973, tHh Holy Father gave a talk on religious women presented here in the English trans-l~.[ ion published in Osservatore romano, English language edition, February 15 1973, pp. 3, I0. Oc~ursus, in Latin, Ypapant~, in Greek, was the name given to this festivity ifi ~he early Oriental Church. It meant the meeting, that is, the fact of meet-iO~ the infant Jesus, taken to the Temple of Jerusalem forty days after His bii:th, according to the law of Moses, to be offered to God, as belonging to Hiin. We all know that it was during this legal and religious rite that there tdok place the meeting with old Simeon, who, inspired by the Holy Spirit, r6~bgnized in Jesus the Messiah and proclaimed Him "a light for revelation t6 the Gentiles." Immediately afterwards there also took place the meeting with the venerable prophetess Anna, eighty four years old, who "came to give thanks to God, and spoke of the child to all who were looking for the r6demption of Israel" (Lk 2:38). A Me~;sianic meeting, therefore, which uil~s on prophetic significance and historical voice, and which publicly in-augurates the era of Christ, in-the very place sacred to worship of the one triJe God, and to the chosen People's awareness of its mysterious destiny. A Matter of Loyalties ,Well, let us begin our pious ceremony by giving the meeting, which gathers us here, the religious and spiritual significance which reflects, from s6ihe points of view, the one that the liturgy has us commemorate today. Ybh come here to carry out.an act of recognition of the mission entrusted t6 bur humble person, namely to implement and continue in time the mis- 469 470 / Review ]or Religious, Volume 32, 1973/3 sion of Jesus Christ, the light and salvation of the world. It is a meeting that expresses mainly two sentiments of yours, one of faith, faith in Christ, in His Gospel and His Church; the other of open adherence in filial respect to the Pope, your Bishop, to the apostle Peter, to whom the Lord entrusted the keys, that is, the authority of the kingdom of heaven, and at the same time the pastoral function over the whole Church. Aware of our human limits, we would be tempted to avoid this meeting, but the investiture of the apostolic office, transmitted to us in legitimate succession, forbids us to do so; in fact it lays upon us the important and sweet obligation to welcome it wholeheartedly. Yes, blessed by this meeting which offers us the welcome opportunity to have around us such a full, varied, and devoted assembly as the one that now surrounds us, which we ourself wished to see carefully arranged, in this monumental and holy basil-ica, not in our honor, but in yours, beloved and venerated sons. The meet-ing means unity, it means harmony, it means awareness of the hierarchial and organic society, which is at the same time religious and spiritual, that we together make up, love, and serve. The meeting means the Church, and here the Roman Church, the apostolic Church. Candle Rich in Symbolism This common awareness is made real and, as it were, experienced owing to the double fact of the presence of the representatives of so many ecclesial bodies, living in the same City, but not easily brought together in the same place and in the same ceremon3~; and the fact that each of these representa-tives comes bearing the offering of a candle, a symbo, l rich in multiple mean-ings, first and foremost the heartfelt bond whereby every institution repre-sented wishes to be connected in faith and charity with us, now brings us deep spiritual joy. We are honoring Christ together; together for Him and with Him we are honoring the Church. What else could make us so happy and bring us such consolation? We often think now that the great event, for which our century will be remembered, the Ecumenical Council recently concluded, was intended to serve, in the intentions of divine Providence, to revive, deepen, and harmo-nize that sense of the Church, which the conciliar doctrines have nourished with splendid themes, and which the evolution of the times requires to be more limpid and strong than ever. We are therefore full of joy and confi-dence when we have some almost tangible experience, however rapid and particular, of this "sense of the Church." How happy and moved we are to enjoy now with you, the ecclesial communion of our diocese! How easy it is for us to suppose that the Apostles, its founders, that its martyrs and its saints, with the Blessed Virgin, salus Populi Romani, are assisting us at this significant moment of spiritual meeting; nay more, to think of the mystery of the secret presence among us of Christ Himself, who promised to be in the midst of those gathered together in His name (Mt 18:20). Candlemas Address to Sisters / 471 Esteem |or Sisters We cannot fail to draw attention to a circumstance that characterizes this ceremony, and confers on it a splendid note of piety and solemnity. Do you see who has the larger and the better part in the Basilica today? It is the religi6us women. It is our sisters, it is the virgins and widows, consecrated to the Lord, living in Rome and belonging to our community. Greetings to you, beloved Daughters in Christ! You blessed religious, who have accepted our invitation to this meeting, whose purpose, as we said, is to gather us round the Messianic mystery of the presentation of the infant Jesus in the Temple and thus express the network of spiritual and canonical bonds which gives form and substance to religious and social unity in the Church of Rome. Why did we wish the "Roman" sisters (the fact that. they live or even are temporarily staying in our Diocese, qualifies them as such), to have a distinguished place in this assembly today? Oh! For many reasons! We will mention some of them. It is our wish that the diocesan community should have an opportunity for once to show its esteem and affection for these chosen daughters, humble and strong. They are not out on the fringe, no, they are the flowers of its garden. It is our wish that the style of their "evangelica testificatio," of their evangelical testimony, should be honored and vindi6ated in view of the devaluation of laicism which would like to secularize even the most ardent souls, those following most faithfully in Christ's footsteps. It is our wish that a reawakened gen-erous sensitivity of the community of the faithful should not forget the needs of the poorer sisters, often without the means of subsistence. It is our wish that the ascetic, contemplative tradition of religious life, or the active one, should be recognized by everyone, by the ecclesial community particular~ly, as valid and relevant updated as it must be according to the spirit of the recent Council and according to the norms suggested by the documents of this apostolic See, in conformity with ihe renewing effort that the individual religious families have succeeded in imparting to their own way of life, some-times wearisome and purely formal, by means of the wise revisions of their statutes, studied and carried out in their recent general chapters. It is our wish that the specific vocations which qualify religious institutes such as pray.er and penitence, isolation and silence for the purpose of more intense inner absorption in the pursuit of convers'ation wit'h God, or tireless dedica-tion in arduous and providential educational work, or in expert assistance to the sick or the various social needs, or with regard to the Catholic missions, and according to the inventive genius of their piety and their charity--it is our wish that these vocations should be given an honorable and organic place in the ecclesial structure, even, perhaps, by means of some sacred initiation. It is our wish, furthermore, to promote and perfect .the assignment of sisters, when they so desire and are qualified to do so, to cooperation in the pastoral ministry, particularly where there is a shortage of the clergy, or in parishes engaged in religious and moral assistance in popular districts and 472 / Review ]or Religious, Volume 32, 1973/3 poor suburbs, or in the desolate countryside. We want them to be together with the praying, teaching, operating, ~uf-fering, evangelizing Church, these generous and courageous daughters of ours, these pious and hard-working sisters of ours, these simple, dignified women, always exemplary, and, according to the title attributed to sincere members of the early Christian communities, holy! Following Mary's Way Oh yes! Beloved daughters of holy Church, let the spirit of communion by which she lives enter your houses, beyond the gates of your cloisters, into your souls, instilling the breath of the renewal desired by the Ecumenical Council, and giving you too, nay rather you especially, a vision of the great divine plans at work among mankind and marking its destiny with regard to its supernatural and eschatological salvation, just as they present to us our duties and our resources for the help necessary for the elevation of ~he world, its concord and peace. And here you have understood, blessed daughters, no less than eccles.ias-tics and laymen, and following the steps of the Blessed Virgin along the evangelic.al path interpreted by the liturgical rite we are celebrating, you come to the altar bearing, you, too, your symbolic gift, your candle. Y~ou make us think of the parable of the virgins of the Gospel of St. Matthew. You remind us of the many meanings that ritual and spiritual language at-tributes to the pure and primitive source of light, the candle. You give us the idea of recommending that you should make the candle the symbol of your persons" because of its uprightness and its sweetness, the image of innocen.c.e and purity; because of its function of burning and illuminating, for which the candle is destined, realizing in itself the definition of your life enti.rely destined for the one love, burning and complete, of the Father, for Christ, in the Holy Spirit, a fire-love. It is a love which, with prayer, example, action, providentially illuminates the room and the path of the Church and of the surrounding world. Finally, the candle is destined to consume itself in sile.nce, like your life in the now irrevocable drama of your consecrated heart: t~.he sacrifice, like Christ on the Cross, in a sorrowful, happy love, which will n.ot be extinguished on the last day, but surviving will shine forth forever in the eternal meeting with the divine Bridegroom. For you, for all those present, our Apostolic blessing, with affection_ate gratitude. The Supreme Court on Abortion' A Dissenting Opinion Patrick T. Conley and Robert J. McKenna Patrick T. Conley is associate professor in the Department of History at Providence College; Providence, Rhode Island 02918. His specialty is Constitutional History with degrees in both history and law. Robert J. McKenna is associate professor of Politics at Salve Regina College; Ochre Point Avenue; Newport, Rhode Island 02840. He is also a State Senator from Newport and is a specialist in Church-State relations. In the decade of the 1850s one of the most vexing constitutional questions concerned the status of slavery in the federal territories. For reasons which historians have not yet fully fathomed, this issue became a vent for the economic, emotional, psychological, and moral disputes generated by the institution of slavery itself. During this acrimonious debate three basic posi-tions emerged: ( 1 ) the pro-slave argument which held that Congress had a positive duty to protect a slave owner's property rights in the federal terri-tories; (2) a diametrically opposed view, advanced by anti-slavery Northern-ers, stating that Congress must ban slavery from the territories; and (3) the middle ground of "popular sovereignty" which left the decision on slavery to the residents of the areas in question. Then, in 1857, a Southern-dominated Supreme Court attempted toresolve this morally-charged dispute in what it considered to be a rational and impartial manner. The result was the Dred Scott Decision in which the Court novelly employed the procedural Due Process Clause of the Fifth Amendment to vindicate the Southern position. But it did so in disregard of historical precedents which made that view un-tenable. To compound its error, the Court contended that Negroes could not attain citizenship because such status contravened the intent of the founding fathers. The Dred Scott Decision did not resolve the great moral dispute over slavery and the status of the Negro in American society. It was so patently 473 474 / Review ]or Religious, Volutne 32, 1973/3 unsound that it was overridden--both by subsequent events and by the less violent process of constitutional amendment. The Decision of January 22, 1973 On January 22, 1973, the United States Supreme Court, in magisterial fashion, undertook to resolve another moral controversy in the case of Roe v. Wade, and a companion decision, Doe v. Bolton. These decisions con-cerned abortion, and here a right more fundamental than citizenship was at stake--in issue was the right to life. The Dred Scott analogy to Roe v. Wade is not an exercise in hyperbole; not only was a more basic right in-volved, but a much larger class was affected. In 1857, approximately 4,100,000 blacks and their descendants were judicially attainted; in 1973 alone about 5 million living human fetuses will be shorn of their natural right to life for at least the first six months of their existence. Unlike the Biblical decree of Herod, however, Roe v. Wade does not mandate a slaughter of the innocents. The Court, in fact, explicitly denied the contention of appellant Jane Roe (a fictional name) that a woman's right to an abortion is absolute and that she is entitled to terminate her preg-nancy at whatever time, in whatever way, and for whatever reason she alone chooses. "With this we do not agree," said Justice Blackmun for the major-ity. His statement was echoed by the Chief Justice: "Plainly, the Court today rejects any claim that the Constitution requires abortion on demand," affrmed Mr. Burge'r. Even the libertarian Justice Douglas admitted that "voluntary abortion at any time and place regardless of medical standards would impinge on a rightful concern of society. The woman's health is part of that concern; as is the life of the fetus after quickening." But though the decision was not a total victory for the abortion advo-cates, it was a substantial victory nonetheless. In essence, the Court con-cluded that a state criminal abortion statute, like that of Texas, which "ex-cepts from criminality only a life saving procedure on behalf of the mother, without regard to a pregnancy stage and without recognition of the other in-terests involved, is violative of the Due Process Clau~e of the Fourteenth Amendment." Mother's Alleged Right of Privacy The so-called right which the Texas abortion statute allegedly infringed upon was the expectant mother's right of privacy. In deference to maternal privacy the Court then proceeded to formulate the following abortion schedule: (a) "For the stage prior to approximately the end of the first trimester [the first three months], the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician; (b) for the stage subsequent to approximately the end of the first trimester [the second three months], the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion proce- Abortion / 475 dure in ways that are reasonably related to maternal health; (c) for the stage subsequent to viability [the final three months] the State, in promoting its interests in the potentiality of human life, may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother." Such was the fiat of the Court--a formidable pronouncement indeed. Justice Blackmun's rationale and argumentation, however, were not sufficient to support the Court's foray into the legislative domain because the decision contained several dubious moral, logical, biomedical, and legal contentions. The Question of Life First, the Court explicitly admitted that it "need not resolve the difficult question of when life begins . the judiciary, at this point in the develop-ment of man's knowledge, is not in a position to speculate as to the answer." Later it took notice of the fact that the Catholic Church, "many non-Catho-lics," and "many physicians" believed that life began at conception. In view of these considerations and the Court's candid admission of its own igno-rance, it seems incredible that the Court could proceed with confidence to schematize abortion according to the trimester system. It chided Texas for arbitrarily selecting conception as a basis for that state's abortion law, and then, in an equally arbitrary manner chose viability as the basis of its own formula. In effect, the Court said: "We do not know if human life exists prior to viability, but even if it does we choose not to protect it, and we bar the states from protecting it also." It has often been the practice of the Court when it could not resolve or define a key issue before it (like the nature of a "republican form of govern-ment") to declare the matter a political question and therefore nonjusti-ciable. If ever the doctrine of political question should have been invoked, it was when the Court asserted that the question of life's commencement was beyond its ability to resolve. To proceed in the face of that admission was reckless folly. It was, as stated by Justice White in his dissent, "an exercise in raw judicial power"; an "improvident and extravagant exercise of the power of judicial review." White could find "no constitutional warrant" for the Court's action, nor could he accept "the Court's exercise of its clear power of choice by interposir~g a constitutional barrier to state efforts to protect human life and by investing mothers and doctors with the constitu-tionally protected right to exterminate it." The Court did rush in, however, armed with its nescience regarding the origins of human life, and the results were disastrous. Rights of a Person and the Fetus Having thus disposed of the question of life, the justices examined four main theories regarding the point in time when the rights of a person at-tach to a human fetus, namely (I) conception, (2) quickening or first 476 / Review [or Religious, Volume 32, 1973/3 movement, (3) viability, or (4) birth. Justice Blackmun concluded that "the word 'person,' as used in the Fourteenth Amendment, does not include the unborn." Here the Court buttressed its contention with formidable but not insurmountable evidence. With equal effort it could have reached the opposite conclusion, especially in view of the fact that no evidence was adduced to show that the drafters intended to exclude the unborn when they utilized the word "person" in the various sections of the Constitution where it appears. In the absence of a clear constitutional intent, arising ho doubt from t, he fact that the particular problem raised in Roe v. W~ide never oc-curred to previous constitutional draftsmen, the Court should have exercised restraint. Compelling State Interest The Court has applied the "compelling state interest" standard to those legislative acts which have set up classifications or categories, the members of which have been deprived of equal protection of the law. In several recent opinions a majority of the Court asserted that the strictness of the standard for decision in cases involving classifications made by legislative bodies ¯ varies according to the nature of the right placed in jeopardy; the more fundamental the right involved, the greater was the judicial requirement to "carefully and meticulously scrutinize" thc classification in the light of the following principles: (a) As ihe right in jeopardy becomes more fundamental, the more perfect must be the relationship between the classification excluding a human group from the en-joyment of the right and the purpose for which the classification is made. (b) As the right involved becomes more ftmdamental, the more "compelling" the state or governmental interest must be in making a classification exc!iading certain human groups from the enjoyment of the right. In Roe v. Wade the Court has not practiced what it preached. In effect, it has established a judicial classification consisting of those unborn' humans who have not reached the stage of viability and has deprived thes6 individ-uals of their right to life by making them fair game for the abbrti0nist. Several learned anti-abortionists who presented an amicus curiae brief to the Court for its consideration made this valid observation. They argued that "because of the fundamental nature of life, the most compellin~ of all interests would have to be shown on the part of the Court in order to carve out such a classification, which would exclude the lives of unborn huinans from the protection of the law." The Court's Rationale The Court did, indeed, advance a rationale to justify its conclusions by claiming that "the right of personal privacy" is "broad enough to encompass a woman's decision whether or not to terminate her pregnancy," though ad-mitting that the right was "not unqualified and must be considered against Abortion / 477 important state interests in regulation." When the Court tried to explain why this alleged right of privacy was fundamental enough to override a state's in-terest in the protection of fetal life, the shallowness of its value system was glaringly revealed. Justice Blackmun justified abortion on the grounds of privacy because "maternity, or additional offspring, may force upon the woman a distressful life and future," cause psychological harm, bring "distress for all con-cerned," or place a social "stigma" on the unwed mother. These were the "weighty reasons" for excluding the unborn from the enjoyment of the right to life. Justice Douglas, in a concurring opinion arising out of Roe v. Wade and its companion case involving a Georgia abortion law (Doe v. Bolton), went to more ridiculous extremes. Childbirth, said Douglas, "may deprive a woman of her preferred life style and force upon her a radically different and undesired future." She would be required "to endure the discomforts of pregnancy; to incur the pain, higher mortality rate, and aftereffects of child-birth; to abandon educational plans; to sustain loss of income; to forego the satisfactions of careers; to tax further mental and physical health . . . and, in some cases, to bear the lifelong stigma of unwed motherhood." One could scarcely imagine a more amoral and hedonistic rationale. For the highest. court in a land which professes spiritual values and claims foundation "un-der God" to use such criteria to justify the extermination of human life is a tragic occurrence in every sense of the word. Here is humanism incarnate-- man has become God. Selfishness and Self-love The Court and the absolute abortionists, who occupy a more extreme position than the high tribunal itself, are essentially concerned about the "quality of life." Adolf Hitler had the same concern. It is both ironic and appalling that many individuals and groups who vociferously deplored Hit-ler's misguided attempts to improve the quality of life in Nazi Germany are in the vanguard of the current genocidal attack upon the unborn. The justifications for abortion expressed by Justices Blackmun and Doug-las are the epitome of human selfishness and self-iove. The countervailing evils of easy abortion were thrust aside by the Court. Among these baneful effects, according to Dr. Paul Marx, are "the denigration of the traditional sexual morality distilled from centuries of wisdom, the abandonment of self-control as an indispensable human virtue, the substitution of subjective whim for the priceless heritage of human knowledge, the enthronement of ultili-tarianism over principled morality, the devaluation of life itself, the ruina-tion of the moral basis of natural human rights, and the obvious opening to euthanasia." A society that countenances the brutality of aborticn is one in which psychological ills, irreverence for life, and sexual promiscuity are likely to proliferate. In sum, therefore, we have paid an exhorbitant price to sustain a woman's right to per, sonal privacy. 478 / Review ]or Religious, Volume 32, 1973/3 Right to Privacy a Fiction That alleged right, however, is more a judicial fiction than a verifiable fact. Even Justice Douglas frankly confesses that "there is no mention of privacy in our Bill of Rights," nor is the type of privacy claimed in Roe v. Wade specifically mentioned in any other section of the Federal Constitution. The Court invented this right in Griswold v. Connecticut (1965) when it held that a state law forbidding the use of contraceptives was unconstitu-tional in as far as the law applied to married persons. The Court advanced the so-called "penumbra" doctrine which held that various guarantees in the Bill of Rights impliedly create zones of privacy. In Roe v. Wade a woman's personal decision to abort her child was placed inside that judicially pro-tected private zone. In their attempt to vindicate this alleged right appellants used a scatter-gun approach by claiming that the Texas statute abridged rights of personal privacy protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amend-ments. One of these random shots found its mark when the high court held that the right claimed by the appellants was "founded in the Fourteenth Amendment's concept of personal liberty." In recent years, the Court has developed a complex formula to protect those rights which it uncovers in the mysterious recesses of the Constitution from invasion by the states. The test traditionally applied to state social and economic legislation is whether or not the law (for example, the Texas abor-tion statute) has "a rational relation to a valid state objective." Had this test been employed in Roe v. Wade the state statute may have been upheld. How-ever, the Court devised a more stringent standard in Shapiro v. Thompson (1969) which held that as the right involved becomes more fundamental, the more "compelling" the state interest must be in passing a law which abridges that right. In Shapiro and subsequent rulings the "compelling state interest" standard was used only in situations involving the equal protection provision of the Fourteenth Amendment. Justice Harlan attacked this new criterion when he asserted in a Shapiro dissent that "when a statute affects only matters not mentioned in the Federal Constitution and is not arbitrary or irrational" the Court is not entitled "to pick out particular human activities, characterize them as 'fundamental,' and give them added protection under an unusually stringent equal protection test." Such action, concluded Harlan, "would go far toward making this Court a 'super-legislature.' " Yet the Court went even beyond this in Roe v. Wade--it not only held a woman's private right to abort her unborn child to be "fundamental"; it also expanded the stringent "compelling state interest" test in a novel way to embrace the Due Process Clause (shades of Dred Scott!). Dissenting Opinions The majority's decision regarding the fundamental nature of the particu-lar right of privacy asserted in this case was vigorously and persuasively at- Abortion / 479 tacked by Justice Rehnquist in a dissenting opinion: "The fact that a ma-jority of the States, reflecting., the majority sentiment in those states, have had restrictions on abortions for at least a century seems . . . as strong an indication as there is that the asserted right to an abortion is not., funda-mental. Even today, when society's views on abortion are changing, the very existence of the debate is evidence that the 'right' to an abortion is not so universally accepted as the appellants would have us believe," concluded Rehnquist. In support of this latter statement he could have cited with telling effect the results of the 1972 abortion referenda in Michigan and North Da-kota. In the former state the pro-life advocates polled 61% of the vote, while in North Dakota their total was an overwhelming 79%. The right of privacy asserted by the Court is not only absent from the express provisions of the original Constitution, the Bill of Rights, and later Amendments, it is not generally recognized by law, by custom, or by major-ity opinion. How could such an alleged right, therefore, be "so rooted in the traditional conscience of our people to be ranked as fundamental." The Court does not satisfactorily explain its startling judgment. It "simply fashions," says dissenting Justice White, "a new constitutional right for preg-nant mothers and, with scarcely any reason or authority for its action, in-vests that right with sufficient substance to override most state abortion statutes." Unalienable Right to Life The Court with equal effort could have "discovered" the unborn's right to life, invested it with "fundamental" status, and clothed it with judicial protection. This right is not explicit in any part of the Constitution, but, un-like the right to abort, it is recognized by law, by custom, and by majority opinion. It can also be inferred from the phraseology of no less a document than our Declaration of Independence: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Li[e, Liberty, and the Pursuit of Happiness." Traditionally the term "creation" is applied to conception rather than to the other definable stages of fetal life. This line of argumentation is at least as formidable as the privacy doc-trine which the Court concocted, but unfortunately the Court used its legal legerdemain to uphold the right of privacy at the expense of the unborn's right to life--a strange choice indeed, especially in view of the solicitude shown by the Court for criminals under a death sentence in Furman v. Georgia (1972). A Flaw in Argumentation Such was the decision of tile Court in Roe v. Wade and its companion Doe v. Bolton. Almost as an afterthought, however, the Justices alluded to a serious flaw in the arguments of those who sought to uphold state abortion 480 / Review [or Religious, Volume 32, 1973/3 restrictions. The state appellees in Wade and Bolton asserted that the un-born's right to life was constitutionally protected by the due process clauses of the Fifth and Fourteenth Amendments. Yet the state statutes which they defended, especially Georgia's more "modern" law, allowed abortion in special circumstances: (1) if the life or health of the mother were endan-gered (this was the extent of the Texas statute); (2) if the fetus would very likely be born with a grave, permanent, and irremedial mental or physical defect; or (3) if the pregnancy resulted from forcible or statutory rape. As Justice Douglas was quick to observe, the Georgia statute permits fetal de-struction in several instances without regard for due process or the develop-mental stage of the fetus. Justice Blackmun in a footnote in Roe v. Wade also spotted the dilemma. Despite a broad proscription on abortion, an exception exists in every state, at least to save the life of the mother. "But if the fetus is a person who is not to be deprived of life without due process of law, and if the mother's condition is the sole determinant, does not the Texas exception appear to be out of line with the Amendment's command," queried Blackmun, "and why is the woman not a principal or an accomplice" to the killing? This in-consistency can only be effectively resolved by recourse to the position that any direct taking of the life of the fetus is a moral and legal crime for all involved. Our dissenting opinion to the Court's abortion ruling would be merely an intellectual catharsis and an exercise in frustration if the Court's action could not be overriden. Our purpose thus far has been to show that the decision was patently unsound from either a logical, biomedical, moral, or legal perspective. Hopefully this knowledge of the decision's infirmity will provide an incentive to secure its reversal. Thus, in conclusion we offer guidelines for those who wish to challenge the ruling and vindicate the rights of the unborn child. Guidelines for Action At the State level the legislature has several plausible options. First, it can take advantage of the Court's failure to resolve "the difficult question of when life begins." It can declare as a conclusive presumption "that life commences at the instant of conception." This legislative finding of fact will reestablish protection for the unborn child, at least until the issue is settled as to whether or not the Court will accept a legislative determination in this area. Abele v. Markle (342 F. Supp. 800), in which this issue is raised, is now pending on appeal. Second, the legislature can memorialize Congress to adopt a constitutional amendment to protect the unborn child. Third, the legislature can petition Congress to call a constitutional convention to act on this issue and on others where the Court has overstepped its proper juris-diction. Fourth, it can require that the father's rights be protected in those cases where he does not agree to have his child killed. North Carolina has Abortion / 481 enacted such a provision. Fifth, it can and should provide that no person or institution shall be required to assist in any way with an abortion if such an act violates the values of that person or institution. Despite these State remedies, however, the most effective counter-mea-sures can be wielded by Congress. For example, the Congress can adopt and propose to the states a constitutional right-to-life amendment. While this is a time-consuming remedy it is also one that would be decisive and relatively enduring. It is the best course of action to pursue. Second, Congress can pass an act to establish the start of life at the instant of conception and thus answer the key question sidestepped by the Court. Third, the Congress can also remove the power of the Supreme Court to hear appeals in this area by altering the Court's appellate jurisdiction. There is precedent for such a move in the case of Ex parte McCardle (1869) and in the OPA cases of the World War II era. Such a course of action may seem drastic, but the Court's abortion ruling demands a vigorous and effective response. The Dred Scott Decision's denial of the Negro's right to citizenship was only overcome by the concerted and forceful effort of those who thought the Court's opinion morally, historically, and legally unsound; can we do less for those living yet unborn than to vindicate their right to life itself? How to Write Good Constitutions Ladislas M. Orsy, S.J. Ladislas M. Orsy, S.J., is professor of theology and canon law at Fordham University; Bronx, New York 10458. To write constitutions for religious communities is a difficult job. It requires a great deal of grace and common sense. No document with pious generali-ties would do; something more practical is necessary. No wonder that great and good constitutions for religious are few and far between. The following rules for writing good constitutions are not exhaustive, but they can be of some help to those who are wrestling with the task of finding new bottles for the new wine that is presently fermenting in the Church and in religious communities. 1. Good Constitutions Respond to Present Needs and Give Stability for the Future A basic rule is that constitutions should incorporate lasting values. The writers should look beyond the present and should design structures which will uphold the community's spiritual inspiration for many years to come. Sound organization brings stability without stifling natural evolution. Let us take an example from secular history. The crisis and upheavals that many European states suffered in modern history were due largely to their constitutional instability. Unsatisfactory and weak structures contrib-uted to divisions and unrest and did not allow for healthy evolution. The relative stability and continuity that the United States experienced from the beginning is the fruit of the wisdom of th~ founding fathers who gave the country a reasonable instrument of government, broad enough to accommo- 482 How to Write Good Constitutions / 483 date developments, yet strong enough to keep the nation togetherl While European states were changing and rewriting their constitutions with an alarming rapidity, the United States remained faithful to the original one. Surprisingly, the constitutions conceived for the emancipated colonies re-main an excellent instrument of balance for a modern powerful industrial nation. Had the first drafters been clearer about the relationship of the States to the Union, maybe the Civil War could have been avoided--or it would have been fought under other pretext than the issue of the right to secede. Yet, even though the Civil War happened, the fact stands: Substan-tial stability was given to the nation through a well-designed constitution which did not hamper good developments. To incorporate lasting values means to look beyond our own times. Much that is up-to-date and fashionable today will look hopelessly out-of-date to future generations. Constitutions should achieve a certain timelessness. This can be done only by those who have some knowledge of past history. By looking back they have another point of reference than the present; their horizon is broadened. Of course, I am not suggesting that the past should be copied or codified in the constitutions; but I am suggesting that those who know the present and the past are better forecasters and planners for the future than those who are limited by the narrow vision of the present. If you are on the high seas and have no other point of reference than the spot where the boat is, you cannot plan any safe course for your future journey. Writers of constitutions who do not know the history of religious orders are like navigators who did not absorb the common pru-dence and learning of their ancestors. They did not learn the trade; they may rock the boat. No one should conclude, however, that the constitutions should not be a response to present needs. They should--with an eye on the past and the future. 2. The Constitutions Must Reflect the Spirit of the Gospel but They Must Contain Specific Provisions for a Given Community It is easy to write new constitutions by paraphrasing the Gospels, and leave it at that. The trouble with such constitutions is that whatever they say, it has been said much better, and usually more concisely, by the evangelists. Why should anyone bother to go to second hand sources about Christian life when he can go to the original ones? Good constitutions cer-tainly reflect the spirit of the Gospel; they should not be soulless legal docu-ments. Yet what makes them constitutions is that they integrate spiritual principles with practical rules and structures suitable for a given community. Lofty doctrine should lead to sensible rules that free the community for the service of God and men, and create a harmonious human and Christian en-vironment. It is right to speak about the beauty of community life, but that beauty should not be lost in chaos and confusion when it comes to vital decisions. Down to earth practicality is the mark of good constitutions. 484 / Review for Religious, Volume 32, 1973/3 3. The Constitutions Should be the Codification of a Way of Life That Has Proved Itself, Not a Blueprint Conceived in the Abstract and to Be Imposed on the Community When we reflect on the beginnings of religious orders and congregations, we do not find that the founders first wrote abstract constitutions and then looked for some persons who were prepared to try them out. Rather, they first gathered a group for a specific way of life, for a particular apostolic task, and when it all worked out and the group was forged together into one community, they committed into writing what they lived and experienced so intensely. Therefore, a community should not be afraid of letting good customs de-velop without any kind of fixed rules. If the love of Christ is alive among them and they have enough common sense, such a process should be possi-ble. A good system of planned and controlled experiments is more important in these years than the writing of new norms. But the experiments should be controlled; there should be a good machinery for the critical evaluation of new enterprises. The whole process of experiments is meaningful in the context of an ongoing conversion only. If the members are not moving toward Christ, but are just asserting rights and liberties without reference to Him, what started as renewal can end up as disintegration. Freedom in Christ is necessary for developing sensible practical rules. 4. The Constitutions Should Contain a Balance between Light and Dark-ness, Joy and Sorrow, Life and Death; They Should Be Similar to the Gospels We explain this rule by contrasting two mentalities. The one wants to put into the constitutions all the negative sides of Christian life, such as mortifi-cation, abnegation, penance, and so forth. A most depressing document would ensue; enough to scare away any healthy individual. The other wants to speak about the positive sides only, such as peace, joy, exultation, and so forth. A most uplifting document would follow--with hidden deception in it. Both mentalities are one-sided. The right approach is in a harmony that we find so well expressed in the Gospel of St. John. The light is there, but so often it is surrounded by darkness. Life is there, but it must go through the baptism of death. Also, the harmonious blend of frustration and enrichment is manifest in the Sermon on the Mount: "Blessed are the poor in spirit for theirs is the Kingdom of Heaven." Poverty and wealth go hand in hand. Incidentally, such balance is necessary in our liturgical celebrations" too. There we commemorate the whole life of Christ, His death and His resurrec-tion. The uninterrupted, one-sided celebration of joy can become inhuman and unchristian; in this life we need the quiet rhythm of sorrow and joy, darkness and light, to prepare us for the great final acts of death and life. How to Write Good Constitutions / 485 5. Keep in Mind that Faith, Hope, and Love Have No Measure; Everything Else Must Be Measur~ed A Christian can n.eve,,r. '.'exaggerate" in faith, hope, and love. He knows no limits to believing in God, to trusting and loving Him, because these "vir-tues" are gifts of grac~ ari.d, they originate m God's boundless generosity. Of course a man can distorf'tlie meaning of the gifts, he can express them one- ~,' sidely, he can even refu.s:e.them. But if he is open to the Spirit, there is a movement in his heart ffia( has no limit; it can expand indefinitely. Faith, hope, and love have an affimty with God's infinityi their growth is not sub-ject to any human measure. In all other virtues arid" actions, there is a measure. There is no limitless progress. There is a point b'eyond which the movement of construction be-comes the demon of destruction. In other terms, change is not equivalent to progress. A community b~ifit on change regardless of measure will eventu-ally destroy itself. R~al~,[ogress consists in finding the right amount of change at any given tithe, ~d no more¯ There is an obvious comparison: If you drive and do not press the ac-celerator enough, you db hot move, you crawl; if you oress ~t too much you are heading for disa~t6r. Movement and speed alone do not guarantee safe arrival. The history of religious life would offer olentv of examples to illustrate this truth. Let us g~ve lU.~t One. St. Franms of Assxs~ certa.inly loved poverty. He went far m giving a@a~.y, what he had, even to the point of deposmng h~s clothes at the feet of his '~.]]gry father. He became a pilgrim with no shelter over h~s head. But he d~d not sell himself into slavery as he could have done w~th a little ingenuity. Nor did he give his time away; in fact, he jealously guarded it. He estabfi'~he~d ~a measure in poverty, his own measure no doubt, but a measure nonetti~le~.°]-lad he not done so, had he been bent on giving all by selling himself ~'tl~b infidels as a slave on some galley, he would not have been free enough to start a great religious movement, he ould not have had ume and leigure t6 wander around and compose the Canticle o~ the Sttn.! ~"" After Vatican Council 1I many religious communities made great prog-ress in renewal, but s~n6~of them never thought of finding the right measure in change. They become intoxicated with new things and the movement that began under the ~nsplranon of the Spirit may eventually carry them too far, to the very bnnk of d~s~ster. A good question }"o¯r "~a' "c~onstitutional assembly, or for a general chapter, concerning every single 'i~ss uce is: What is the right measure in this matter? The measure, of course, '~oes change from time to time; no community should become static. But even if the measure changes, there is always a measure. The rule should be.~. a~plied. . to community life, to prayer, to apostolic 486 / Review ]or Religious, Volume 32, 1973/3 work--to everything, except faith, hope, and love. In those three the com-munity should open itself to the Spirit of God who can fill the members with His gifts beyond their desire and expectation. 6. Remember That Rules Are Necessary, but Persons Give Life to a Community Paradoxically, we could say that good persons can prosper even if the constitutions are bad, or, that good constitutions lead nowhere without the right persons to apply them. This is not to demean good constitutions. They work marvels with good persons. And bad constitutions can harm people. Rather, the paradox is a way of stressing that persons, not rules, give life to a community. Many religious institutes worshipped their own structures before the Council; the slightest infringement to the rule was considered a disgrace be-fore God and man. Today they understand better that the rules are means to open our hearts to faith, hope, and love and therefore there is nothing ab-solute about them. But structure-worship does not change easily; mentalities survive longer than we care to admit. Much of the naive belief in the mysteri-ous saving quality of the rule has been transformed into a utopian trust in the redeeming strength of committees. Committees are all right, although with measure. The greatest inspira-tions in the history of mankind never came from a committee. Legend has it that the camel owes its shape to a committee that wanted to design a horse. Be that as it may, the camel is a useful animal if you want to cruise in the desert. Yet we would hesitate to entrust the reshaping of this creation to a committee; it is frightening to think what would happen to the graceful flight of the seagull, to the playful nature of the chipmunk, or the trunk of the elephant. Government by committees is not well suited to the care of .persons. Who can open himself fully to a committee? Person to person relationship is necessary in religious government. Not on the pattern of father and child, or mother and daughter, but on the pattern of a wise and trusted companion caring for another. Therefore, in religious life there should be a way of recurring to a person above and beyond all committees. Take the example of a religious who has a serious personal problem--not the type he cares to preserve on files. He needs a change, perhaps a different job, at a different place. How can be ex-plain it all to a personnel board? 7. Good Constitutions Assure Both Broad Consultation and Efficient Action Good government in apostolic religious institutes is based on broad con-sultation among the members and on efficient action by the one in authority when it is needed. There must be in the community an upward movement of ideas. Every member has a right and duty to contribute to the welfare of How to Write Good Constitutions / 487 all. Therefore, at the base there must be a structure to assure that each can speak his mind and is listened to with respect. The result of this initial con-sultation process will be a mixed bag of ideas. Some will be excellent, some harmless, some to be discarded; in all they will be a fair representation of divine inspiration and human limitation. Therefore, some way must be found to screen them. This happens through the system of chapters. At the pro-vincial chapter elected representatives choose some ideas and proposals out of many. Eventually, an even smaller group, such as the general chapter, selects the best suggestions and makes them into guidelines and constitu-tional rules for the whole institute. Why this complex procedure? Because each has a right to speak, and God can speak through the smallest ones. But religious life is inspired by un-reachable ideals; therefore you want to choose the best of all suggestions. The clue to succcss is a wise combination of democracy and selectivity. The whole upward movement of ideas is a slow process. It involves long con-siderations and discussions. It is the proper field for committee activity! The application of the abstract policies and of constitutional guidelines to concrete individual cases is a different matter. The movement should mostly originate at the top where a trusted person leads and presides; he is the superior general. He is there to translate the norm into everyday actions. He should act with prudence, with the help of qualified counsel, and he should be swift and e~ficient too. He deals with particular communities and with individual persons. They need decisions, and they need them without much delay. The superior general's government can be spoiled in two ways. First, by distrust. The community may impose the duty on him of endless consulta-tions and impose all sort of checks, all to avoid a mistake. The result is a hesitant temporizing administration. Second, by cluttering up the line of ex-ecutive government by committees. They are never good for action; they are necessary for sorting our ideas, for setting policies. The superior general should be accountable. He should be responsible to the general chapter and should give a full account of his stewardship when-ever it meets. He should be removable; but as long as he is in once, he should be. trusted and free to take intelligent risks. Sbme communities built so many safeguards around their superiors that no intelligent and inspired initiative can be expected from them anymore; the safeguards from real or imagined tyranny will assure mediocrity for some time to come. Authori-tarianism was bad enough, but slowness and indecisiveness on the executive" level does not promise well for the future either. Let us remember also that a bad decision given with speed is frequently better than a good decision given with delay. Decision means movement; if it is a bad choice it can be corrected as long as there is life. No decision means lack of movement and lack of life. It cannot even be corrected. In all, we propose a healthy cycle, intended mainly for apostolic corn- 488 / Review [or Religious, Volume 32, 197~,/3 munities. It begins with full consultations; it gives the ultimate power to the chap(er; yet it retains person to person relationships in government. But we do not propose this pattern with any rigidity. Its basic simplicity allows many variations according to the traditions and desires of different communities; it can even be combined with other systems. 8. Community Means Unity in Diversity; Diversity without Unity Destroys the Community How far can a community go in pluralism without destroying its cohe-sion? To answer this question, consider the unity in diversity that you find in an orchestra. The players have different instruments; they even play different melodies. Yet, the product is a symphony with depth and harmony. Har-mony is possible because there is a limit to this diversity. Pluralism in a religious community can be interpreted in two ways. It may mean differences that contribute to the unity of the group; or, it may mean differences, that do not have an internal finality toward unity. The former makes the community, the latter destroys it. It follows that before talk begins about pluralism and its extent, the com-munity must define the type of unity they desire to maintain. Once the mem-bers know how united they want to be in their life style, in their apostolic endeavor, they can determine how much pluralism they can allow. There is no general rule for the extent of pluralism a community can bear; the unity they need is the measure of it. 9. You Will Know the Tree by Its Fruit, but Remember Some Trees Take a Long Time to Bear Fruit The constitutions should provide for an ongoing evaluation of the com-munity, in particular of the new experiments. Chapters on local, 'provincial, and general levels can be good instruments of evaluation. Each session should begin with an examination of conscience: how far in fact the com-munity lived up to its ideals. Most chapters are looking into the future; they are planning sessions. They should give equal time to the past, not in the form of debate, but in the form of a prayerful examination of conscience. They should give a good critical look at the fruit that was recently produced. The word experiment underwent many changes. Often it is used for change, an illegitimate use. We all would gain by restoring its primal mean-ing which is "to test something under controlled circumstances so that the process can be judged and evaluated." If we need change, by all means let us have it, but we must not call it experimentation; if we need experiments, let us do them properly. But experiments in religious life are not the same as those performed by physicists. The stakes are high in religious life; the faith, hope, and love of the members can be affected. Besides, fruits mature slowly because the ulti-mate test for any experiment is its contribution to a climate in which the How to Write Good Constitutions / 489 community is more open .and receptive to the grace of God. Often many years will be necessary to know the value of an experiment. Early judgments can be rash judgments. Take the issue of formation. No one can fully evaluate a particular pro.gram of formation until those formed have gone through many tests and trio!s in their religious vocation. I0. Good Constitutions Cannot Be Composed under Stress Peace of mind and he.a.rt is a necessary condition for wisdom and inspira, tion. Polarization and division in the community is an obstacle to grace and to human creativity. The c_0mmunity must be healed before it can produce. A community not .at p.eace may be tempted to write constitutions by way of reaction to past or t.o pre.sent trends, or to search for a feasible compromise which will not represent any high ideal. A disturbed group should not write constitutions. Peace i~ ne~e~sary to receive the Spirit and to create good and lasting structures. A group's first duty is to create life in harmony and attend to the task of writing .afte.r they have found peace with God, with the C. hurch, and with each other. Conclusion Good constitutions a.re. a blend of spiritual wisdom and shrewd practical judgment. The form.e.r is given by God, the latter is the result of human creativity. Constitutions .c.a.,nnot take the place of faith, hope, and charity, but they can be a powev.f.ul instrument to keep the process of conversion alive in a community, The Nature and Value of a Directed Retreat Herbert F. Smith, S.J. Herbert F. Smith, S.J., a well known spiritual writer and director of retreats, is sta-tioned at St. Joseph's College; City Avenue at 54th Street; Philadelphia, Pennsyl-vania 19131. During the last decade there has been a rebirth of the directed Ignatian re-treat. The directed retreat is a marked departure from the familiar preached retreat in which we customarily spent some two hours a day hearing the word of God as it was spoken and interpreted by the retreat master. Origins in Experimentation The successful return of the directed retreat can almost certainly be credited to that widespread phenomenon of our day, the passion for experi-mentation. The experimental approach springs from a twofold conviction: that we can produce something better; and that, in an age wherein proliferat-ing options are overloading our decision-making powers, we must discover what is most relevant. We have all benefited from the experimental approach. Consider agri-culture. Ten years ago there was widespread talk of the impossibility of feeding the world's people. Today there is not. That is largely because, in the interval, agricultural experimentation was carried on in the Philippines to produce a new strain of wheat. The first objective was to produce a better wheat, one that would give a greater yield per acre. The second objective was produce a more relevant wheat, one hardy enough to flourish on poor land in cold climates. The result is 1R-3. It is revolutionizing the growth of wheat, turning traditionally wheat-importing countries to wheat exporters. In the field of religion, we have similar problems and similar inclinations. How can we raise up better Catholic Christians, people more in contact with 490 Directed Retreat / 491 God, more committed to Him, more faithful to the Church, more productive in the service of the kingdom? How can we form more relevant Catholic Christians, people who can responsibly handle the increased responsibility laid on each today? Enterprising men and women in the Church are pre-senting the directed lgnatian retreat as one answer. Is it? I think it is, but my objective here is not to give proof of that. My objective is rather to give information concerning the nature of a directed retreat. Judgments can come later. What is a directed retreat? I will proceed to answer that question by giving a series of progressively improving definitions until we ultimately reach the most illuminating definition I can provide. One-to-one Relationship The directed retreat is a retreat made neither alone nor in a large group; ]urthermore, it is made without the help of several talks a day. This incom-plete definition is meant to clarify the manner in which the directed retreat departs from the familiar preached retreat. The directed retreat involves one director and one retreatant operating in a one-to-one relationship. The di-rector may or may not be directing other retreatants simultaneously, but in any case he guides each retreatant as though he alone were on retreat. Of course, there may be some interplay between retreatants. They may cele-brate Mass together. They may do shared prayer. Smallest Possible Community The directed retreat is a concerted effort to seek God in the smallest possible community. In a directed retreat, everything is set up and directed to help the retreatant find God. All irrelevant and distracting persons and entities are withdrawn. That leaves us with the smallest possible community, a community of three, in the likeness of the Trinity. The community of three which results can be described in various ways. It can be seen as composed of the retreatant, God, and His Spirit; God is the goal, and the Holy Spirit is the agent. He guides the retreatant to God, and He is the Love between the retreatant and God. There is, from another viewpoint, the triad of the retreatant, the director, and the Holy Spirit. The retreatant and the director work out the retreat in concert, and the Holy Spirit is the one Guide of both. From a still more comprehensive viewpoint, the tripartite community is made up of the retreatant, God, and the Church (whom the director em-bodies and represents). The reason for setting up this smallest possible community is to promote the total personalization of the /etreat. All transactions are aimed directly at the one retreatant and his unique personal needs here and now. While it is true that God always can and does work as personally with an individual in a group as with an individual off by himself, the retreat director cannot. And conversely, the retreatant cannot. The fact that God can is the saving grace Review ]or Religious, Volume 32, 197~//.~ of group retreats. The fact that retreatant and d~tector cannot is the reason there is at times no substitute for a directed retreai; The tiny directed retreat community favors ~nt,~ate contact that helps the retreatant to come to know his God, himself, and .his Church in an intimate new way. By intimacy I mean an attentive, h~!thy, open, and receptive relationship with another that is productive of a ifilJ~aal identification in joys and sorrows. Directed to Spiritual Exercising The directed retreat is the engaging in sptr~tua.l exercises under the daily guidance oJ a di'rect6r who h'as the twoJold rDi~ ol retreat director and spiritual direc'tor. The function of the retreatant ~ ~o do spiritual exercises. The function of the director is to guide and mo,ri~tor the exercises. In the directed retreat, there is emphasis on ttlE aiztivity of the retreatant. We have all seen the retreat master of the prea@fid retreat deliver his four and five talks a day, hear confessions, hold interviews, and stagger out of the house exhausted six days later. The directed r~ii:Eat, bn the contrary, de-mands much more of the retreatant and focuseg bn what the retreatant is doing more than on what the director is saying. !f tti( rctreatant's activity still involves a great deal of active listening, it i~ ndt a human being he spends a lot of time listening to, it is God. St. Ignatius himself stresses the activity of th~ i'etr~atant, whom he calls the exercitant. He introduces his little book for r~ii'eat Jig "spiritual exercises Which have as their purpose the conquest of self iind t~ie regulation of one's life in such a way that no decision is made under: th~ influence of any in-ordinate attachment" (#21 ). The director gives the retreatant daily guidani~i~. Generally, the two meet once a day. The director provides spoken or writieh ~5oints for meditation, and they are generally given very briefly. If the iziirEctdr has more than one retreatant, he may give points in common to savd time, where this is not to the disadvantage of the retreatants. The retreatant gives the director a faithful afifi~Sufi~ of the inner experi-ences and responses which take place in the coti~se 6i' his meditations. He tells of joy or sadness, peace or unrest, hope 0i: [6ai'; and so on. This ac-count of one's personal experiences is always gi~,(h ili a private interview. This account is at the heart of the directed retiE~ii, as is the response the director makes to it. The practice of making ttiis reiSort develops the re-treatant's ability to discern the movements of ~.Sbd ~ind evil that play in man's mind, heart, and feelings. The guidance dt~ [he ~tirector helps the re-treatant learn how to distinguish between the godi:l ~iri~i evil influences more successfully. Most important, it helps him distili~iiist] the divine call from every other influence on him. This knowledge frdE~ iaiih from old slavery to whims and emotions and nagging feelings of guilt: ii h61ps him to put on the mind of Christ. Directed Retreat / 493 Functions of the Director From what has just been said, it becomes manifest that the director of the directed retreat has two clearly distinct functions. First, like the director of a preached retreat, he provides the retreatant with input for the meditations. Let it be added that, both in the brief way he provides this material and in the selection of the material he provides, he himself is guided in a general way by his source material, The Spiritual Exercises of St. Ignatius. The director feeds in this input in harmony with the retreatant's actual accomplishments, thus moderating the advance and flow of the retreat in a fully personalized way. The director is fully aware that the graces sought in each meditation are necessary graces which have to be built up in their proper order like the parts of a building: sorrow for sin is the excavation, forgiveness the founda-tion, and so forth. This careful control of the process of the retreat is cer-tainly one of the great advantages of a directed retreat. Second, the retreat director is the retreatant's spiritual director. The great religions of the world, even in their most mystical traditions, all teach the need of a guide, be he a guru, a starets, a roshi, a spiritual director. Without a director, there can be no making of the Spiritual Exercises, as a reading of the introductory observations will establish. Without a director there has not been set up the necessary mini-community described in the second definition. The Discerning Process The director helps the retreatant to discern the mysteries of the interior life in a practical way that is meant to lead to practical decisions and practi-cal service of Christ. The retreatant himself is always the primary discerner, and the director the auxiliary discerner. Only the retreatant is present to his own inner experiences. Unless he gives a good and faithful report, the aux-iliary discerner cannot give the help he is meant to give. The retreatant, then, is the subjective discerner. The director is the objec-tive discerner. As objective discerner, he interprets the experiences of the retreatant in accord with the Biblical and doctrinal expressions of revelation as it is guarded and developed and handed on by the whole Church. If the retreatant too is learned in theology, and sometimes even if he is not, he may be able to interpret his experiences quite authentically himself. But in accord with the wisdom of the Church and of revelation, the People of God do not rely on themselves individually, but depend on one another in the effort to understand the meaning of God's communications, even the individual and personal ones. If the retreatant is guided by the Holy Spirit to come to a cer-tain decision, the director can hope to be guided by Him to confirm the decision. The Priest-confessor and the Retreat Director The role of the director as auxiliary discerner is made even clearer if we consider the distinction between the role of the priest-conJessor and the role 494 / Review ]or Religious, Volume 32, 1973/3 of the retreat spiritual director. The confessor in the sacrament of penance is concerned primarily with the moral order, with the person's conscious, sin-ful rebellions against God's will. The retreat spiritual director is concerned with the retreatant's inner experiences, his moods, attractions, and repulsions, even before he has made any deliberate free responses to them. The con-fessor wants to know what a man has done of good and evil. The director wants to know to what seeming good and what seeming evil the retreatant is being drawn through his inner experiences in prayer and meditation. St. Ignatius himself makes this distinction, and even makes it clear that the retreatant' should feel free to go to a confessor other than the director: While the one who is giving the Exercises should not seek to investigate and know the private thoughts and sins of the exercitant, nevertheless, it will be helpful if he is kept faithfully informed about the various disturbances and thot~ghts caused by the action of different spirits. This will enable him to propose some spiritual exercises in accordance with the degree of progress made and suited and adapted to the needs of a soul disturbed in this way (#17). It might be pointed out here that the director need not be a priest. He or she need only be a spiritually gifted person experienced in living the spiritual life, possessing the developed capacity to guide others, having a good knowl-edge of the faith, and knowing the Spiritual Exercises through exercise in them. This is a fact,to be underscored, since if the one-to-one retreat is to proliferate, many directors will have to be drawn from religious men and women and other members of the laity. Sisters and laymen are in fact al-ready active in directing retreats. The retreatant needs openness and courage to give his director the neces-sary account. Still he does not need to steel himself to bare his whole soul, as he sometimes finds it necessary to do with his regular spiritual director, and certainly finds it necessary to do with his confessor. Direct Communication with God .4 directed retreat is a retreat in which one is guided by a director to do spiritual exercises which will purge him, illumine him, and dispose him Jor direct communication and communion with God, direct guidance Jrom Him, and the readiness to do His will. This final definition gives a comprehensive idea of the directed retreat. The Ignatian directed retreat is divided into four parts or weeks. It was Ignatius' hope that the retreatant would really spend a whole month, apart from all other business, in making his retreat. Thirty-day retreats are being conducted today. More often, however, the retreat is condensed and made in a period of eight days. The first week provides spiritual exercises of purgation. The second week provides spiritual exercises of illumination which call the retreatant to a more wholehearted commit-ment to Jesus. The third and fourth weeks invite one to share Jesus' ex-perience of passion and resurrection as a preview of one's own future in His Directed Retreat / 495 service and life. In everything, Christ is the retreatant's life, his light, his salvation, his motivation. The directed retreat is a search for direct communication and communi-cation with God. To miss this would be to miss the meaning of the directed retreat. The preacher of the preached retreat is not really replaced by the director. He is replaced by God who Himself gives His message to the re-treatant here and now. The retreatant hears God, not by words in his ears, but by the various movements in his inner life which have been described in this article as the experiences which call for discernment. To come into a retreat with this expectation calls for deep faith in both the director and the retreatant. No doubt this faith frequently falters in both, perhaps most when they are least aware of the fact. Some directors may not even have the conviction that this direct communication and communion with God should take place, but then they are betraying their trust, for it is inescapably clear that this is the expectation and absolute conviction of the author of the Exercises. He writes: The director of the Exercises ought not to urge the exercitant more to poverty or any promise than to the contrary, nor to one state of life or way of living more than another. Outside the Exercises, it is true, we may lawfully and meritoriously urge all who probably have the required fitness to choose continence, virginity, the religious life, and every form of religious perfection. But while one is engaged in the Spiritual Exercises, it is more suitable and much better that the Creator and Lord in person communicate Himself to the devout soul in quest of the divine will, that He inflame it with His love and praise, and dispose it for the way in which it could better serve God in the future (# 15). What Ignatius expects is that the retreatant will, by making the Exercises, repeat some of his own experiences of God guiding him. Those experiences were so vivid that Ignatius called God his "Schoolmaster." Let me point out here by way of example that we customarily describe the attraction to the priesthood as a "vocation," a "call" from God. St. Ignatius is simply broadening the base of that belief by affirming that God calls us directly to many things, to little things, every day, if we can hear His voice and if we will respond to it. God's call is experienced through the inner movements of love, joy, peace, attraction to a better way, and so forth. According to Karl Rahner, S.J., this is a case of grace breaking into consciousness. In essence, therefore, the directed retreat is meant to be a mystical retreat. It is a series of spiritual exercises and prayers and contem-plations in search of the experience of God and the reading out of His will. It is a transcendental relationsh!p breaking into consciousness. Directed versus Preached Retreat It should be of help to add a brief comparison of the directed and the preached retreat. The directed ~'etreat is the authentic presentation of the 496 / Review [or Religious, Volume 32, 1973/3 Spiritual Exercises. This is a fact of history, but it also stands from an ex-amination of the introductory observations in the Spiritual Exercises. Still, that does not mean that the directed retreat is always best for everyone, in every set of circumstances. St. Ignatius makes it clear in the Exercises them-selves that not everyone is suited for them or ready for them. Nor are they necessarily better for anyone, year after year. They have a certain inherent advantage in that they guide the retreatant to listen directly to God Himself. On the other hand, there are times when God Himself sends us to men, as He did Paul after his conversion experience. Many factors must be weighed in determining which type of retreat will be best: the level of human ma-turity; the level of religious maturity; the personal needs at the moment, such " as the need of making a decision concerning a state of life; the level of gen-erosity, of restfulness, of vitality. The preached retreat remains of immense value when it is well con-ducted. I support this simply by appeal to the years of experience which most of us have had in making such retreats and which some of us have had in con-ducting them. Furthermore, preached retreats are excellent opportunities for hearing the word of God, and men always remain bearers of that word. There is no substitute for the preached word of God, iust as there is no sub-stitute for the inner experience of God. Then, too, the preached retreat is an opportunity to share the personal faith vision and synthesis of the retreat master who can often communicate his experience with the help of some specialized theological, sociological, or psychological competence. What it comes to is that the preached and the directed retreat are two species of retreat. Each has its own unique value, and each addresses itself to unique needs. 3-he directed retreat is of unsurpassed value for times when serious decisions have to be made. It is also of unsurpassed value in provid-ing a guided and formative experience in living the interior life. It has great value in helping a person find direct communication with God and in coming to other primary religious experiences. The preached retreat is especially valuable for broadening .and articu-lating our knowledge and vision of the faith. This helps us overcome our per-sonal limitations and biases, so that we can formulate a more comprehensive response to God. It helps us supply for our personal lack of initiative in over-coming our deficiencies. It can stir new faith in us, for belief is communi-cated by believers; and it can stir new love of God in us, for love is com-municated by lovers. In brief; the preached retreat is especially valuable in those times when for one reason or another, we need the word of God preached to us through the agency of men. Editor's Note: For other treatments of the directed retreat and of the Spiritual Exer-cises of St. Ignatius Loyola, see Sister Margaret Baker, H.V.M., "My Experience of a Directed Retreat," Review Jot Religious, July 1972, pp. 573-7: William A. Barry, SJ., Directed Retreat / 497 If this information and these norms do not yet make it clear which retreat you should prefer, I would offer one piece of advice. Experiment. Try th~ one you haven't experienced. For St. Ignatius, the need for experimentation was one of the fundamental principles of the spiritual life. "The Experience of the First and Second Weeks of the Spiritual Exercises," Review ]or Religious, January 1973, pp. 102-9; William Connolly, S.J., "Story of the Pilgrim King and the Dynamics of Prayer," Review ]or Religious, March 1973, pp. 268-72; and William A. Barry, S.J., "Silence and the Directed Retreat," Review ]or Religious, March 1973, pp. 347-51. Father Smith's present article, "The Nature and Value of a Directed Retreat," is available (at 20 cents per copy plus postage) from Review for Religious; 612 Hum-boldt Building: St. Louis. Missouri 63103; a previous article by the same author, Method for Eliminating Method in Prayer," is also available from the same address at 25 cents a copy plus postage. The Healing of Memories Francis Martin Father Francis Martin, a member of Madonna House; Combermere, Ontario KOJ 1LO; Canada, is presently completing his doctorate in Scripture in Rome. Our memory is a mysterious thing. St. Augustine, in his Confessions (Bk 10) spoke of "the fields and vast palaces of memory," and "the huge court of my memory." In his Treatise on the Trinity, Augustine saw man as an image of the Trinity because in his one interior being there were the three realities of memory, understanding, and will. Memory is compared to God the Father because it is an image of eternity, because it is the point out of which spring understanding and love, and in relation to these it has no be-ginning. Growth in Spirituality and Growth in Memory The vast universe of inner being has its spiritual origin in what we call today "awareness" or "consciousness." It is this that St. Augustine called "memoria." In some ways his term is better than ours since it points to the mysterious fact that memory is the principle of continuity. In my awareness of myself, I know myself to be the same man who yesterday lived through a certain series of experiences--I answer to the same name; and the reason for this is memory. Thus, awareness of ourselves always involves knowing "where we come from" not only in the sense of our past, but also in the sense of our Source, our Creator. We come from our past since we are at any moment of our lives the person who has lived through and been affected by a whole concatenation of experiences which we recall only imperfectly. We come from God since He has made us and at this moment is present to us, holding us in existence, though we are most often unaware of this. There is a way, then, in which it is true to say that growth in spirituality is growth in memory: it is an increasing awareness of where we come from. 498 The Healing o] Memories / 499 A deep awareness of God present to us, creating, saving, and sanctifying us, is an intimate and essential dimension of self-awareness, just as, on the other hand, our memory of the experiences which have made us who we are is a necessary part of our total awareness of who we are in God. Since this is so, there come moments in our lives when those experiences which have hurt us and twisted us somewhat must be brought to awareness and healed so that our life of prayer may deepen and our presence to God be-come more conscious. This process is called the healing of our memories or the healing of our inner being. Memory as the Sacrament of God's Presence It is not that memory only serves to retain those wounds of the past that are imperfectly healed. Our memory also carries deep within it those effects of God's action in our lives, those moments that in a special way make up our own salvation history. In allowing ourselves to enter once again into those recesses of our being where the awareness of God's action is still a living thing, we put our present experience into perspective. Deeper than this, through this memory, this action of God still living in us as a sacrament of His presence, we enter into a knowledge of where we come from: our past itself becomes the chalice containing our awareness of God. The Psalmist sings: "God, you are my God; 1 long for you, my soul thirsts for you . Upon my bed 1 remember you, in the watches of the night I dwell on you. Yes, you are my Help; in the shadow of your wings I sing for joy. My soul clings to you, your right hand holds me" (Ps 63: 1, 7-9). The remembering of God brings us to songs of joy as we find ourselves protected by the vast expanse of His overshadowing wings. In this sense our memory is our access to awareness of the presence of God: He who has made us and saved us, for whom there is no time, and who is at this moment holding us in existence and giving us His life, is He who "is and was and is to come" (Rev 1:4). Our memory of what God has done brings us to the awareness that the effects of His saving acts exist in us by the mystery of His presence. Thus, though we name God by what He has done, we are speaking to Him who is present, and we know that when we shall see Him as He is, we will recognize Him as He who has always' been with us. The command of Jesus in connection with the Eucharist applies to all prayer both in com-mon and in the secret of our own heart: "Do this in memory of me." Obstacles to Living Memory But what are the obstacles to this living memory of the past upon which faith is founded, and this living memory of the future which is the inner face of hope? The greatest obstacle is our inability to "remember" because our memory is protecting itself from the wounds it carries within it. The wounds inflicted by others and the effects of our own sins still lie hidden in our inner being. These wounds are like so many "black and blue marks" on 500 / Review ]or Religious, Volume 32, 1973/3 our psyche: they are areas too sensitive to touch and yet they impede our movement. Our Lord wants to heal those wounds, either by taking them completely away or by taking away our fear of them enabling us to live in simple acceptance of our weakness and limitation. No matter what the source of these wounds, they can be the means of our union with Jesus whose wounds still shine gloriously in heaven. Even now our weakness makes the glory of God all the more manifest: "About this thing, I have pleaded with the Lord three times for it to leave me, but he has said, 'My grace is enough for you: my power is at its best in weakness.' So I shall be very happy to make my weaknesses my special boast so that the power of Christ may stay over me. " (2 Cor 12:8-10). Consciousness and Forgiveness This healing from inner wounds and from the fear of them, this healing of our memories, takes place most often through a process of consciousness and forgiveness: consciousness removes the protective but smothering layers of forgetfulness and opens that area of our being to the light and air of God, and forgiveness is a healing balm that eases pain and fosters restoration. We should speak about this process for a minute. We are aware, sometimes more forcefully than others, that there are ob-stacles that prevent us from being at ease with the Lord. We attribute this uneasiness to our sinfulness, especially to those sins and infidelities of which we are conscious. We know, really, that having sinned is no obstacle to find-ing joy in the Lord's presence: we often quote to others and to ourselves those incidents in the Gospels where Jesus goes out of His way to "welcome sinners and eat with them" (Lk 15:2). We have the constant testimony of the lives and words of the saints, and we see many people around us who bear this same witness. Still, when we are alone with the Lord, we are un-easy. Sometimes, even in deep prayer when we are aware of our Lord draw-ing close to us, we can find our minds starting to wander, almost trying to create distractions because of a fear of His presence. There can be many reasons for this, but basically we instinctively know, as we do in any love relationship, that unconditional love once accepted from the beloved obliges us to the same commitment, and we are afraid. We fear for ourselves in a commitment that takes from us the control over our own lives and future: when once we admit that we are so loved, we are no longer "free." One of the fears occasioned by charismatic manifestations of our Lord's presence is precisely this: that the Lord, through these signs of His nearness and His love, becomes too real and too obviously committed to us to be kept at a distance by our careful rationalizations and our well-apportioned times for prayer. Such initiative on the Lord's part demands conversion from us. We are called to receive the kingdom of God like a littlc child (see Mk 10: 15), but we prefer that illusion of autonomy we have so carefully created for ourselves. The Healing o] Memories / 501 However, for most of us, our Lord exercises too great an attraction to be put completely behind the bars of our self-centered caution. As we become more familiar with His presence and a little more faithful to His Spirit in us, we are less uneasy. But we must go further. Very soon in a serious life of faith we must renounce our bondage to darkness, we must be freed from our attachment to those things that hold us back from a pure surrender to the action of God in us. We must live out totally those renunciations we made at our baptism and which we ratify at every Easter Vigil. And it is here we find great difficulty and meet with the obstacles of selfishness, sensuality, ambi-tion, resentment, pride, fear, and so forth. Healing Our Memories Now the source of some of these blocks that we notice in ourselves, some of that fear of God and shame before others, as well as our attempts to com-pensate for these feelings, can be traced, as has been said, to unhealed wounds left in our inner being by incidents of our past. Of some of these we are conscious, of some but half-conscious, and of others we may be no longer conscious at all. How does one proceed in allowing our Lord to heal these memories? There are three things to be done: inner prayer; a sharing, in some degree at least, with another; and faith contact with the Body of Christ. In other terms we could describe these three this way: we enter into the sanctuary of our inner being and allow our wounds to become conscious; we pray with another who, as bearing within himself the mystery of Christ and His healing power, can be an instrument of peace; and we open ourselves, through forgiveness of others and the discipline of authentic personal re-lationships within the sacramentalized context of a truly human community, to the truth that sets us free. The first step is individual prayer; the second is confession which achieves a particular power if it is sacramental; and the third is community whose deepest source and most powerful presence is the Eucharist. Renouncing Our Resentments Let us begin with inner prayer. When we are alone at prayer, we should quite simply and directly ask our Lord to heal our memories. This may be a very general prayer at first, and may remain so for many days as we re-peat this request in our prayer. Our prayer may go something like this: "Lord Jesus, may You be praised for the love and mercy You have shown me all my life; I praise You and I thank You for that love with which You died for us and with which You share the radiance of Your risen life. Lord, You see into the depths of my soul; You know that I am wounded. The reality of evil has touched me in my own sin and in the sins and imperfec-tions of others. Lord, heal me of these wounds, let the power and beauty of Your life shine in me. I renoun(e attachment to my resentments, I forgive anyone who has ever hurt me, and I pray for them. Jesus, I join myself to 502 / Review for Religious, Volume 32, 1973/3 that act of forgiveness in which You died, and I love all those people who have entered my life; I embrace them with the same love and tenderness You have for them. I hold them up before Your face, O Lord, that You may bless them and be kind to them." It may happen during this prayer that certain people or incidents arise in our memory, and we re-experlence all the hurt and anger we first knew when the event occurred. It may be our parents or some other adults during our younger years: teachers, priests, some authority figure. It may be someone in our mature years: friend, husband, wife, employer, .superior, someone who betrayed us. Or it may be something quite abstract: "the system," the Church, my education, society, though these latter abstractions are usually evasive symbols covering a person we do not wish to think about. In any case, when someone particular comes to mind, we should stop our prayer and gently, without forcing ourselves, take this person into our heart. Do not be surprised at the degree of repugnance such an interior gesture meets with. Go gently, but firmly. Resolve very quietly that you will to be de-tached from this resentment. It is better to go gently over a period of a few days with a clear awareness of the issue and a determination to share Jesus' love for this person, than to make a violent, emotional "act of the will" that only harms your own heart and is but counterfeit love for the other. When this person is in your heart, then look at Jesus and say in the name of both of you who have now become one in love, "Lord have mercy." In such a gesture, we admit our need for mercy and pray for the other person with the same desire for their well being as we have for our own. The Lord always hears this prayer. Offering the Fullness of Forgiveness It is very important in this prayer that we do not waste our time in some sort' of amateur self psychoanalysis. We are praying for our own healing with the faith-knowledge that we can never be healed without the healing of our relationships and this includes, of course, desiring that others be healed. A large part of our own personality is made up of our relations to others. We are truly and maturely persons when both the individual and the social dimensions of our being are in contact and harmony with Jesus Christ. It was this realization that led Origen to posit among the seven ways that sins are remitted, "that we forgive our brothers their sins." For, as this great teacher goes on to say: "Our Lord and Savior himself told us this when he said, 'If you forgive others their offences, your heavenly Father will forgive you, but if you do not forgive others then neither will your Father forgive you your offences.' Then too, the Lord taught us to say in prayer, 'Forgive us our debts as we have forgiven those who are in debt to us' " (Homily 2 on Leviticus). There are many emotional blocks to the fullness of the forgiveness we offer to others as they dwell in our hearts, but with prayer, honesty, and The Healing o] Memories / 503 gentleness with ourselves our Lord can heal these. This sanctification of our emotional relationships is an aspect of the way the Body of Christ "builds itself up in love" (Eph 4: 16). Since this healing pertains to the mystery of the Church in its reality as a divinization of that complex web of relation-ships by which all men are, in some deep way, linked to one another, it often happens that our Lord's action within us as we pray alone leads us to see that for deeper healing we should go and pray with another. In and through this other human being, we contact Christ, and thus also every other person in this world. We should go to someone in whom we have confidence and share with that person our burden to the degree of explicitness that the Lord leads to, as both of us pray. This is one way that we carry out that injunc-tion of St. Paul to "serve one another in love," and is a practical realization of that mutual care for one another that he describes as "carrying one anothers' burdens" (see Gal 5: 13, 6:2). Sharing Our Wounds with Others Early Christians often went to the holy men to share with them the wounds of their soul and to receive their blessing and their prayers for heal-ing. In ancient monastic life thig "manifestation of thoughts" (both good and bad) to one's spiritual father was a daily practice. Other Christians went to these men of th.e Spirit for a confession of healing whenever they felt the need. Often, but not necessarily, these spiritual fathers were priests. For, be-sides those upon whom the Church has conferred in a special and explicit way the power given her by the Lord for inner healing, there are many other people who receive this gift from the Lord by another kind of action of the Holy Spirit: "There are different ministries but the same Lord" (1 Cor 12:4). While it is always possible to share our burden with friends and pray with them for healing and have them lay hands on us, there are times when we should go to someone whom the Lord seems to have endowed in a particular way with gifts of discernment and healing. Such people, accord-ing to the unanimous witness of tradition, are recognizable by their humility, their gentleness and patience with others, and their chaste, other-centered love. In the early Church we find them described as "someone who encour-ages the brethren" or again, "a pool where the liv.ing waters ofGod's love for man are gathered." In their hearts, the love of Christ has worked a puri-fication which has brought the gift of understanding hearts and of healing them to a certain stability and power. Other Facets of the Obstacles in Our Souls As someone with whom we have shared our burden begins to pray with us, we may become aware of many other facets of the obstacles in our soul, blocking us from true freedom with the Lord. We should quietly renounce attachment to these obstacles; this is especially importantin the areas of sen-sual pleasure, anger, and resentment. Again, let the truth be strong and 504 / Review for Religious, Volume 32, 1973/3 undiluted in our soul, but let the truth come from theLord and not from our self-hate, fear, or shame. Perhaps our Lord will enlighten us by giving words of prophecy to the person or persons praying over us. Most often these words have an intensely personal content for us, unsuspected by the other: his message shows us our attachment to sin or calms and heals our fear. In either case, when it is the Lord who is acting, we experience the liberation and strengthening of hearing "the truth in love." Though most of the time the healing takes place through a certain remembering of past incidents that have wounded us and a consequent conferring and receiving of forgiveness, this is not always the case either in private prayer or in prayer with others. Sometimes the Lord heals us without bringing the wound to consciousness at that moment, or at all. This is why it is so important we do not attempt to force things from our memory, but simply be willing to see and acknowl-edge anything, no matter how painful or embarrassing, that occurs to us as we pray in this way. Mark the Hermit, in one of his maxims, reminds us that unhealthy concentration on our past sins "brings sadness and banishes hope." This is true of undue preoccupation with our weaknesses and inner wounds: that ceaseless "search and destroy" drive we find in ourselves does not come from the Lord. As a matter of fact, to spend time in anxious worry and endless self-investigation is to act as though our Lord did not really appreciate how weak we are and could not help our compromised honesty to a greater degree of simplicity and truth. When we ask the Lord for healing, we are asking the Lord to heal us. He will usually do this by working in us a greater con-sciousness of our wounds and deeper capacity to trust Him and love and forgive others: our role is to agree to the action of God in us as He answers our prayer. His healing will be an inner touch and sometimes also an exterior word of discernment, encouragement, or revelation of what lies in our heart. Forgiving Sins by Healing Them The ancient Church in Syria reminded a bishop on the day of his ordina-tion that because he had been given the Holy Spirit for the forgiveness of sins, he had been constituted a "healer of the Church of God." In the Byzan-tine rite of today there is mention of healing in the prayer for the ordination of both bishop and priest. This is but another reflection of the deep connec-tion the Eastern Church has always seen between ordination and the min-istry of healing. Origen advises his listeners to think carefully about "the doctor to whom you should make known the cause of your illness." He should be someone who "knows how to be sick with someone sick, to weep with one who weeps; who knows the discipline of grieving and suffering with another," and who can decide wisely whether or not "your illness should be brought out and healed in a meeting of the whole Church, so that others can be built up and you canbe healed the more easily" (Homily 2 on Psalm 37). The Healing o] Memories / 505 Healing and the Sacrament of Penance The above passage has its difficulties, but given the whole context of the accent on healing in connection with the forgiveness of sins in the Eastern Church, and other statements of Origen's elsewhere, we can see that the priest was looked upon as being able to forgive sins by healing them in their source and prescribing the proper remedy. This same thinking is reflected in many early commentaries on our Lord's words as reported in John 20:22-3: "He breathed on them and said, 'Receive the Holy Spirit. For those whose sins you forgive, they are forgiven; for those whose sins you retain, they are retained.' " The link between the Holy Spirit and the for-giveness of sins was found in the active presence of love, and this in turn was manifested in the wisdom shown in healing the wounds of God's people. Healing is an act of the Spirit who is described in the Roman rite, in one of the Masses during the former octave of Pentecost, as being "Himself the forgiveness of sins." Thus, "therapeutic confession" and the presentation of one's sins before the bishop or his appointed representative in order to be re-integrated into the community by public penance, were not considered as completely dis-tinct. These two roles tended to blend, especially in the Western Church as the centuries progressed and, unfortunately, the legal preoccupation domi-nated. However, in the intuition of the faithful, it was most probably the desire for an inner healing that inspired people to practice regular confes-sion. This desire was only dimly realized and poorly expressed, but it was there. Today, a deeper understanding, on the part of both priest and peni-tent, of the healing power of penance could mean a greater presence within the Church of a ministry of inner healing. Father Michael Scanlon in his recent booklet, The Power in Penance (Ave Maria Press) has performed a great service in suggesting practical ways to exercise this ministry. Priests must pray deeply for a revitalizing of the healing power conferred on them at ordination. They must strive in their own lives to be mature men, those "seniores" described by the Rule of St. Benedict as men who "know how to cure their own and others' wounds without disclosing them in public" (Ch. 46). The Eucharist and Inner Healing Now that we have touched upon the sacramental dimensions of inner healing, it would be worthwhile to meditate, just briefly, on the role of the Eucharist in inner healing. The celebration of the Eucharist is the "source and summit of the whole work of preaching the gospel" according to Vatican 1I (On Priests, par. 5). It is in this reality that the Church expresses her own inner nature and realizes it ever more perfectly. If the community is truly gathered in love, then the mystery of the Church is vitally present: there is a sacred and living space of divine love, another pool where healing waters are gathered for all to drink. The authenticity of our mutual love and desire 506 / Review Jot Religious, Volume 32, 1973/3 for reconciliation with God and with all men, and our praise of God and our prayer for ourselves and others, must be given a real and human expression. God expressed His love for us in a human way, and he does not expect us to be more "spiritual" or "interior" than He is. The deepest reason why the liturgy remains dead and unable to make present the mystery of Church is not so much a lack of faith, though this is an operative factor, as the fact that our human expressions of what the Spirit is working in and through us remain superficial, stilted, and dominated by human respect. Not only the sacraments, but the whole sacramental dimension of the Church exercises a causality by signifying something. When there is no sign at all, there is no sacrament--no bread, no Eucharist--and when the sign is not assimilated in faith but is merely something performed by rote, then the signifying power of the sacramental dimension is reduced to such a point that for most people nothing transpires at the conscious level of their being. On the other hand, when there is a living and beautiful human expression of what the Church as the primary sacrament really is, then the power of this mystery radiates to all, touching and transforming them. Christian Affection and Reconciliation In such a context, the dynamics already well perceived by psychology as necessary for human growth are caught up in a healing action of the Spirit. Love, thoughtfulness, acceptance, forgiveness, song, joy, friendship--all these become the mud and spittle rubbed on our eyes, so that when we wash, we see. The intimate union between body and soul has been so consecrated by the Incarnation that Tertullian could call the flesh "the hinge of salva-tion." For just as the water touching our body awakens our whole being and opens it to receive the action of the Spirit, so the psychological and physical reality of a true Christian community is an instrument of healing. To ignore the depth and power of true and chaste Christian affection and yet to expect the community gathered for worship to possess and confer an authentic reconciliation is like trying to baptize without water. In this atmosphere of love, we confess our sins, we praise God and pray for all men, and we hear in an intimately personal way those prophetic words that are contained in the Scriptures for all the Ch. urch for all time. The .words of the Scriptures enlighten, point out sin, encourage, and heal when they are heard with a heart that has already learned to set aside its fear and believe in the love of the Lord as He is expressing it through people gathered together. Memory and the Reception of Christ's Body And then we receive the Body of Christ. This is not only a touch with that flesh of Christ that healed so many, even,before the Resurrection and is now transformed by the fire of the Spirit; it is also an intimate, a mystical, union with all those who make up the Body of Christ. When our hearts are The Healing o[ Memories / 507 open, we receive and are reconciled in Christ to everyone in this world. Men may pray over us for the coming of the Spirit; Jesus enters into our body, and He is the source of the Spirit. This is the moment when our memories of the past blend with the passion of Jesus, and we forgive as He does; and we live, as He does, a life that is "unto God." Then memory becomes experi-ence of a healed past and a transformed future, somehow already present. Our inner being begins to know already the power of the Resurrection; the knowledge of where we come from, both as past and as God, becomes fused in a present awareness of Christ living in me. My memory becomes a living image of eternity where the name of God is uttered in awe and praise and the great deeds of God are proclaimed in the assembly of the faithful: "Yahweh, your name is forever; Yahweh, the memory of you is from gen-eration to generation!" (Ps 135: 13). A Community for Today and Tomorrow M. Basil Pennington, O.C.S.O. M. Basil Pennington is a Cistercian monk of St. Joseph's Abbey in Spencer, Massachu-setts 01562. His most recent previous article in Review ]or Religious was "Christian Zen Retreat" in the September 1972 issue, pages 710-3. On my way to the annual Cistercian Studies Conference at Kalamazoo last May, I took the opportunity to visit the True House Covenanted Com-munity at Notre Dame. It was a very wonderful and gracefilled experience and I would like to try to share a bit of it with you. What I found and experienced at True House was quite different from what 1 expected. The press, Kevin Ranaghan's book, the annual conferences create a certain image, a good image, of Notre Dame, but something quite different from what one finds when he has the privilege of stepping into the True House Community. The popular image, at least as it strikes some of us back here in the East, leads one to expect a rather large movement, one made up mostly of students, a rather enthusiastic but changing scene. I was therefore surprised to find that the True House Community is a rather small group, including many non-students, quite structured and stabilized, and, apart from the annual conference which takes over the Notre Dame Campus when the students are not there, having relatively little apparent impact on campus. But what I "found, I must say, deeply impressed me. Quality of Life First of all and most fundamentally what impresses one is the quality of life. Here are men and women of different ages and backgrounds, truly committed in a very stable way to living as full Christians. Prayer is very much in the fabric of their lives. The Lord Jesus truly lives in them, in 508 A Community for Today and Tomorrow / 509 their hearts, in their households. Their day begins with prayer together. Or even before that, it begins with a personal get-together with the Lord as they slip, one by one, into the chapel to spend a few moments or an hour or two there before the household morning Office. Grace before and after meals is not a perfunctory duty fulfilled but a time--and time is really given to it--to praise the Giver of all good things. And in this community all strive to gather in the early evening to celebrate together a daily Eucha-rist. For one who comes from a scene where he hears mostly of people try-ing to break away from structures and tradition, it is a surprise to discover this charismatic community firmly holding on to the traditions of the Church universal. Apart from the beautiful outpouring of praise, thanksgiving, and petition at certain moments, a Catholic traditionalist would be delightfully at home with the morning prayer and evening Mass offered in the com-munity. Perhaps it is because of the immense freedom they have in the Spirit (which frees them from the need to react against structures to ex-perience freedom) and the satisfactory outlets which are wisely and with good order provided within the liturgy and at the prayer meetings, that the community feels no need to throw over the established structures. But I sensed something more positive present among them. There is alive in the community a wonderful sense of belonging to th~ Church. And, I be-lieve, they have a real need and desire to experience themselves as praying with the Church, spread across the world and through the centuries. Praise the Lord! This quality of life was not only present in their prayer and worship, it was evident in their whole way of life. "See how these Christians love one another"--and the stranger, or rather fellow Christian, who suddenly appears in their midst, like myself-~was a thought that constantly echoed in me during my visit with them, as it would again later when I was priv-ileged to spend a couple of days with the saints at Ann Arbor. As one moved about on the campus there was always a special quality presevt when one encountered and greeted another from the community. Sitting around the supper table, playing volley ball, or having a sandwich together at noon, there was present in the fabric of the very ordinary human give and take a weave of genuine love and reverence for a fellow Christian. Christ was always present. Praise Him! Structures I was perhaps most surprised to see how quickly and to what extent the charismatic community had been structured. But this is a very realistic thing. Men need structures to live together in justice and love. I only hope this and all charismatic communities, as they do realistically structure them-selves, learn at least one lesson from the traditional religious communities and never allow their structures to solidify and, instead of serving life, begin to dominate it. We must ever retain, even in our needed structures, the 510 / Review ]or Religious, Volume 32, 1973/3 freedom of the sons and daughters of God. This is a quality that is. visibly present in the True House Community. The community is divided into households. When ! was there there was the single men's household,, the single women's, the sisters, one married household, and a few on campus. New households, married and single and for guests, were in the planning. Each household off campus lived in an ordinary house, shared meals and chores, had a common exchequer, prayed together at different times during the day, and had its doors wide open to all the other members of the community and the community's guests. To their special contentment at least one of the households had the privilege of hav-ing their Lord live in their midst in His Eucharistic presence. The households on campus consisted of perhaps four, five, or six men living in the same dorm, who gathered daily for prayer and meals. As I have already men-tioned, the whole community gathers each evening for the Eucharist. Loving Concern The members of each household realize a special responsibility toward each other, one of very special loving concern. When the household is large, as the single men's household of ten, this breaks down into sub-groups, the three or four who share the same room. Herein it seems to me the True House ~ommunity is finding one of its special apostolates, or missions in the Church, one very much needed today. A vast number of our young people today have been hurt, damaged by the home they come from, with i~s lack of self-giving love and security. There needs to be healing before these young men and women can become fully mature and free Christians. And this healing can be brought about only by love. Within the context of a true Christian community this self-giving love can be administered. To effect this healing the love has to be very personal, direct, constant, and even in some real sense intimate. This the households and their sub-groups can make possible. In such a climate of concerned love, wounds are healed, a fully free Christian emerges. Then he or she can maturely and freely choose to follow the Lord and His way in marriage or in singleness for the Lord, in the community or elsewhere within the family of the People of God. Often today when a young man or woman graduates from college he or she is not yet ready for life decisions, and yet social pressures tend to demand them of them. The community provides a context where one, free from such pressures, can continue to grow as a free person in the Lord, until he is truly ready for such a decision. I think True House in its mission of healing through love and providing a context for Christian maturation is fulfilling and exemplifying an apostolate that is desperately needed in the Church today. The Sisters in the Community True House is singularly blessed in its leadership. In Jim Byrne it has a A Community [or Today and Tomorrow / 511 truly charismatic leader, one who inspires, in a very humble and Christlike way, real confidence and loyalty. I was privileged to spend a good bit of time with him and they were gracefilled hours. He is supported by real collaborators, men and women who are really with him. The community is especially blessed with the two sisters who form one of the households. I think, perhaps without their realizing it, they have something important to say to many religious today. One thing I would note in passing. The sisters are perhaps a full generation older then most of the community (Sor-ry to mention that, Sisters!), yet there is no trace of the well-known genera-tion gap. More important the sisters are playing a very important role in the heart of the community. I do not know if I can really express it accurately, and I probably will not express it the way they would; but as one looking from the outside in and seeing the whole, I might see it better than they. I think because they do stand as members of the community who do have a special consecration to the Lord, and in their particular household in some special way live this, without in any way withdrawing from full membership and participation in the life of the community, they say some-thing, minister something, more by life than by words, to the rest of the community. And I ask myself if they are not pointing toward the way in which in the future religious, other than those called by the Lord to go apart to seek his Face in monastic solitude, will find their place and fulfill their role in the Church by becoming fully integrated, yet specially conse-crated members of local Christian communities. The sisters have struggled to find how practically and meaningfully to live their commitment to two communities, the local community of True House, and their religious com-munity- and they seem to be succeeding well. The Priest and This Type of Community No word on True House Community would be complete if it did not speak of a man who is not officially a member of the Covenanted Com-munity yet is very much a part of it. I am sure that under God the quality of life at True Housc is due in great measure to the effective presence in their midst of a truly holy priest, Father Ed O'Conner. His ministry to the community at the daily Liturgy and through the many regular hours of personal spiritual direction is made powerful by the inspiring example of what he is and by his complete openness to
The Situation In The Middle East ; United Nations S/PV.8260 Security Council Seventy-third year 8260th meeting Wednesday, 16 May 2018, 10 a.m. New York Provisional President: Ms. Wronecka. . (Poland) Members: Bolivia (Plurinational State of). . Mr. Inchauste Jordán China. . Mr. Ma Zhaoxu Côte d'Ivoire. . Mr. Djédjé Equatorial Guinea. . M. Ndong Mba Ethiopia. . Mr. Alemu France. . Mr. Delattre Kazakhstan. . Mr. Umarov Kuwait. . Mr. Alotaibi Netherlands. . Mr. Van Oosterom Peru. . Mr. Meza-Cuadra Russian Federation. . Mr. Polyanskiy Sweden . Mr. Skoog United Kingdom of Great Britain and Northern Ireland . Ms. Pierce United States of America. . Ms. Eckels-Currie Agenda The situation in the Middle East This record contains the text of speeches delivered in English and of the translation of speeches delivered in other languages. The final text will be printed in the Official Records of the Security Council. Corrections should be submitted to the original languages only. They should be incorporated in a copy of the record and sent under the signature of a member of the delegation concerned to the Chief of the Verbatim Reporting Service, room U-0506 (verbatimrecords@un.org). Corrected records will be reissued electronically on the Official Document System of the United Nations (http://documents.un.org). 18-14999 (E) *1814999* S/PV.8260 The situation in the Middle East 16/05/2018 2/12 18-14999 The meeting was called to order at 10.15 a.m. Adoption of the agenda The agenda was adopted. The situation in the Middle East The President: In accordance with rule 39 of the Council's provisional rules of procedure, I invite Mr. Staffan de Mistura, Special Envoy of the Secretary- General for Syria, to participate in this meeting. Mr. De Mistura is joining today's meeting via video-teleconference from Geneva. The Security Council will now begin its consideration of the item on its agenda. I give the floor to Mr. De Mistura. Mr. De Mistura: When I last briefed the Security Council on 9 April, it was at an emergency meeting (see S/PV.8225). On that occasion, I warned of the threats to regional and international peace and security arising from developments in or related to Syria. I know that today it is not an emergency meeting. However, the circumstances of an emergency very much remain. I do not need to remind members that tensions are high and regional and international confrontations have occurred several times. Allow me to highlight some recent events since 9 April. On 13 April, the United States, France and the United Kingdom conducted missile strikes in response to the allegations of the use of chemical weapons in eastern Ghouta. Those countries say that the strikes targeted three research and production facilities near Damascus and Homs. On 29 April, strikes were reported on Syrian Government military facilities in Hamah and Aleppo. Some media outlets attributed those strikes to Israel, alleging that those killed included Iranian personnel. Neither Israel nor Iran responded to those claims. On 8 May, strikes were reported just south of Damascus. Syrian State media attributed those strikes to Israel. Israel did not confirm that claim. Israel then said that it had detected "irregular Iranian activity" in the occupied Golan, which it put on high alert. Between 9 and 10 May, Israel carried out dozens of strikes against presumed Iranian and Syrian Government military targets across southern Syria. The Israeli authorities claim that they were responding to Iranian forces firing rockets from Syrian territory at Israeli military targets in the occupied Syrian Golan. Iran condemned the Israeli strikes and denied those claims. We are not is a position to independently verify every aspect of those incidents. However, even an incomplete picture shows the troubling trajectory of the increasingly frequent and ever more intense international confrontations over Syria, unprecedented since 1973. As the Security Council knows, the Secretary- General has followed those developments with great concern and called for restraint by all parties in order to avoid any acts that could escalate the situation and worsen the suffering of the Syrian people. The Secretary-General stressed that the United Nations has a "duty to remind Member States that there is an obligation, particularly when dealing with matters of peace and security, to act consistently with the Charter of the United Nations, and with international law in general." (S/PV.8233, p. 2) On the issue of chemical weapons, let me again echo the Secretary-General's call for the Security Council to "agree on a dedicated mechanism for ensuring effective accountability for the use of chemical weapons in Syria" (ibid.). As the Council well knows, as of now, we await the results of the ongoing investigation by the Fact-finding Mission of the Organization for the Prohibition of Chemical Weapons following its visit to Douma, with a report to be issued to States parties to the Chemical Weapons Convention. However, we have also seen worrying developments elsewhere in Syria. Evacuations from eastern Ghouta were similarly repeated in the eastern Qalamoun area, southern Damascus and northern rural Homs. First, on the military escalation, the pattern has been one of incoming air strikes and artillery and outgoing mortars and rockets towards Damascus. Then there was a negotiation, followed by an agreement for the evacuation of those civilians and fighters unwilling to remain under Syrian Government control or Russian Federation protection guarantees. We have also seen similar evacuation agreements 16/05/2018 The situation in the Middle East S/PV.8260 18-14999 3/12 being discussed in Idlib province but in a completely different format — the reverse format. This time we are talking about civilians and fighters in Government-controlled areas, namely, Kafraya and Fo'ah, while considering evacuations — beginning with medical evacuations — following the three-year siege and intermittent attacks from armed groups surrounding that area.Let me share with the Council a recurrent concern that I know that all members have. If civilians and fighters are simply funnelled into northern Syria — mostly into Idlib — then that might only postpone another conflict affecting many additional people, which I will discuss later. Therefore, it is important to keep close watch on future developments in Idlib province. Meanwhile, civilians continue to pay a terrible price. To be precise, 110,000 people have been evacuated to north-western Syria and Operation Euphrates Shield areas in the past two months. Many of them are reportedly traumatized and in urgent need of assistance and protection. Humanitarian partners are overwhelmed and stretched quite thin by the scale of those evacuations, but continue to do their utmost to respond to the growing needs, with the Council's assistance.Returning to the topic of Idlib, if a Ghouta scenario were to play out there, the situation could be six times worse, affecting 2.3 million people, half of whom are already internally displaced and would have nowhere else to go. But that is not purely a question of the Syrians' suffering. We fear that any substantial escalation in Idlib, Dar'a or in the north-east might also result in risks not only to Syrian civilians, but also for international peace and security. As we know, many of those areas contain external and international forces. Conflict there might entail confrontations with those forces, thereby leading us down a slippery slope towards regional or potential international conflict. Therefore, discussions at the international level on how to prevent that and on de-escalation are needed, and, although they are taking place, they also need to be very intensive.I was therefore very encouraged to see concrete discussions on de-escalation when I attended the ninth high-level Astana meeting yesterday, which covered the issue of Idlib in particular, as the three guarantors have a say and the means to avoid it. That round of discussions in Astana saw constructive discussions on how that might be achieved. While fully stressing the need to respect Syria's sovereignty, independence and territorial integrity, we saw at first-hand the parties engage actively on how to avoid a worst-case scenario in Idlib. Moreover, the working group, of which the United Nations is a member and a proactive supporter — as hundreds of thousands of people in Syria expect of us — held its second meeting on the release of detainees, abductees and bodies, and on the identification of missing persons. The members of the working group held constructive discussions on practical and concrete steps to address that key humanitarian issue. The guarantors informed us that they have secured the parties' support — which, if confirmed, is good news — for the activities taking place under the auspices of the working group, which is a positive development. As it is a matter of preliminary discussions, I hope that we will see progress with regard to that complex issue at the working group's next meeting, which we understand will be held in Ankara.De-escalation is indispensable, as the Syrians themselves are telling us, but it is only one of the ingredients necessary to move forward the political process. We also need to overcome concrete challenges to meaningfully follow through with the Geneva process so as to implement resolution 2254 (2015). As instructed by the Secretary-General, I have consulted with a broad spectrum of relevant stakeholders and proactively identified options for a meaningful relaunch of the United Nations-facilitated Geneva process. Over a period of two weeks, I conducted an exhaustive tour of consultations with members of the League of Arab States; representatives of Saudi Arabia, Egypt, Jordan and Iraq; the European Union (EU) High Representative; representatives of several key European countries, Turkey, the Russian Federation and the Islamic Republic of Iran; and all members of the Council, during what I believe was a very productive and useful retreat in Sweden; United States authorities during my visit to meet with them in Washington, D.C., several days ago; and also the Syrian Government and the opposition, with whom I had constructive discussions on the sidelines of the Astana meeting over the past two days. My deputy, Mr. Ramzy, was also in the region this past weekend in continuous political contact with regional stakeholders, and my chief of political affairs, Mr. Robert Dann, is visting China as we speak to exchange views with officials of that important member of the Security Council.What did I learn from that long tour? Not surprisingly, I returned to Geneva with a mixed picture. S/PV.8260 The situation in the Middle East 16/05/2018 4/12 18-14999 Clearly, significant differences remain, but there is also much common ground and interest on the need, first, to de-escalate, secondly, to form a constitutional committee under the auspices of the United Nations, thirdly, to facilitate the establishment of a safe, calm and neutral environment — leading to our shared goals in the political process — and, fourthly, to respect Syria's sovereignty, territorial integrity and independence. However, those commonalities risk getting glossed over, especially in the absence of serious international dialogue. I will say more on that later. During my tour, my message to all was the need — now more than ever — for robust, strong, proactive and urgent dialogue and consensus at the international level to create the minimum conditions necessary for a realistic and credible political process. As we know, much water has flowed under the bridge and much has happened since resolution 2254 (2015) was adopted. We are therefore becoming increasingly realistic and know that we need a credible political process that takes into account the current situation and does not forget resolution 2254 (2015).As the Secretariat, we are not sitting idle in that regard. We are assessing a number of creative options to update, revive and advance the Geneva-based political process. Let me state for the record that the United Nations remains ever-mobilized and -ready to work on the formation of a constitutional committee in accordance with the final statement of the Syrian National Dialogue Congress in Sochi. I therefore welcome the intention of the Astana guarantors to actively and regularly engage with the United Nations in Geneva so as to see through a concrete follow-up to the statement since its adoption three and a half months ago.I was also pleased to see a significant number of Member States reaffirm the primacy of the United Nations-led Geneva process, in general, and the need for a constitutional committee working under United Nations auspices, when I was at the EU-United Nations Brussels conference from 24 to 25 April. Those at the conference nearly unanimously reiterated the message that the only solution to the crisis will be political and that only such a political solution will pave the way for reconstruction efforts. Also in Brussels, we saw the entire United Nations system highlight the increasing needs of millions of Syrians, including internally displaced persons (IDPs) and neighbouring countries hosting refugees.Let me also note the important contribution of Syrian civil society in Brussels, in particular during a side event organized by the EU and my own Office. Those present did not shy away from debating with one another constructively and intensively on complex issues, such as transitional justice and sanctions. They all demanded the release of all detainees, abductees and missing persons. They all affirmed that any political solution must protect the right of refugees and IDPs. Despite their differences, Syrians — Syrian civil society — displayed a genuine commitment to dialogue and a spirit of negotiation that I hope can be replicated in the formal negotiations.In Brussels I also met with a group of Syrian women activists who stressed that not enough has been done to secure the direct participation of Syrian women in the political process. I committed to translating our collective commitment to that inclusion into concrete measures, and I will count on the Council's support to keep that promise. For instance, in future intra-Syrian talks, I will insist that the relevant number of seats be reserved exclusively for Syrian women. When I am criticized, I hope that the Council will support me. I know it will not be popular, but it needs to be done.Let me briefly touch on an issue that was raised by the civil society in Brussels and by many Syrians elsewhere who have been writing to us, that is, the possible implications of the newly adopted Law No. 10. We are quite aware of the concerns surrounding that law. We, as well as other United Nations partners, are seeking clarifications on the law's goals and repercussions, especially for refugees and IDPs who do not have access to legal documentation.Let me conclude with two bottom lines.First, de-escalation is critical between the Syrian and international stakeholders, both regional and global. We hope that the relevant players can re-establish some overarching rules of the road in that regard. We stand ready to facilitate such a discussion, with focused support from the Council and key countries for the good offices of the Secretary-General and myself.Secondly, we must revive the political process in terms of the constitutional committee, as well as in terms of some initial steps towards the establishment of a safe, calm and neutral environment. We stand ready to facilitate discussions on both. Let me stress that a critical component of either aspect of the political process is active, continuous and positive United 16/05/2018 The situation in the Middle East S/PV.8260 18-14999 5/12 Nations engagement with the Syrian parties. I repeat once again that we stand ready, today as always, to engage with the Syrian Government in Damascus. We will also continue our contacts with the opposition and Syrian civil society.To unlock and lock those two aspects, careful diplomacy is required more than ever — careful, but proactive diplomacy, including at a high level. Hence, we look with interest to the forthcoming visits to Moscow and meetings of Chancellor Merkel and, later on, President Macron with President Putin, which undoubtedly will not avoid the issue of a political process in Syria. The United Nations believes that there is an urgent need for high-level diplomacy to support de-escalation, avoid any miscalculation and ensure a genuine communication system about a sustainable end to the conflict. With the support of the Secretary-General, we will increase our own efforts to contribute to that endeavour, including by offering further ideas and —if required, which we hope it will be — bridging proposals.The President: I thank Mr. De Mistura for his briefing.I shall now give the floor to the members of the Security Council who wish to make statements.Ms. Eckels-Currie (United States of America): Since this is my first opportunity to congratulate you upon assuming the presidency, Madam President, I would like to do so at this time. I also thank Staffan for his briefing.Last week the world witnessed a new and extremely dangerous escalation in Syria. It should not surprise anyone on the Security Council that Iran was responsible. Iranian forces operating from Syrian territory launched a rocket attack against Israeli citizens — citizens of a sovereign State Member of the United Nations. The United States strongly supports Israel's right to act in self-defence. Iran's reckless and provocative acts last week prove what we have been saying: wherever Iran shows up in the Middle East, chaos follows. Last week's rocket attack against Israel is the latest in a pattern of destabilizing behaviour that is a dire threat to the region's stability.Iran's rocket attack against Israel shows something else too. It puts to bed any myths about why Iran is present in Syria, or what its true objectives might be. The fact is that Iran has installed offensive rocket and missile systems in Syria aimed at Israel. Iran has introduced those threats that were not present in Syria before the conflict; they are now. Iran, together with Hizbullah and other militias, is taking advantage of Syrian territory to establish bases and training camps. They are moving ever closer to Israel. The United States calls on Iran, Hizbullah and their other proxies to take no further provocative steps. If they do, Iran will bear full responsibility for its actions.It is also important to emphasize that Iran's actions do not serve the interests of the Iranian or the Syrian people. The Syrian people get no say in whether Iran threatens war against Syria's neighbours, but it is they who have to live with the consequences.All of us on the Security Council have an important choice to make: we can stay quiet and watch as Iran builds up the infrastructure to create another Hizbullah in Syria, or we can speak up and take steps to put real pressure on Iran to stop. For our part, the United States refuses to stay quiet. Russia in particular has a special responsibility here. Its troops are on the ground, sometimes alongside Iran's. Russia must know that Iran's provocative actions do nothing to help resolve the war in Syria. Russia must know that Iran's actions do just the opposite. They only inflame, prolong and widen the conflict.We heard once again from Staffan today that there has been very little progress on the political track. There has been no progress at all in Geneva, or following Russia's own conferences in Astana and Sochi. Since January, the United Nations was supposed assemble a new constitution drafting committee that would help kick off a new round of talks. The United Nations was supposed to have the ability to choose which people would serve on the committee, and the United Nations was supposed to be empowered to facilitate those talks. Instead, the Al-Assad regime has backtracked, stalled and then refused to cooperate.At the same time, the Syrian regime escalated its brutal military campaign. It seized eastern Ghouta, at the cost of thousands of lives and tens of thousands displaced. It used chemical weapons in Douma. Just yesterday, the Organization for the Prohibition of Chemical Weapons Fact-finding Mission released a report determining that chlorine was used during attacks on 4 February in Saraqib.As reported by the Fact-finding Mission, the facts of that chemical-weapons attack bear the hallmarks S/PV.8260 The situation in the Middle East 16/05/2018 6/12 18-14999 of similar attacks conducted by the Al-Assad regime. As we have said before, the United States assesses that the Syrian regime has used chemical weapons well over 50 times since the start of the civil war. The Al-Assad regime, with Iran's and Russia's full support, is choosing to pursue a military solution instead of a political solution, and that goes against everything we should stand for as the Security Council.In the aftermath of eastern Ghouta, the need for a real ceasefire could not be more obvious. Already, we see the Al-Assad regime launching new attacks in Idlib and the south-west. As Staffan noted, a Ghouta scenario in Idlib would be six times worse than the horror we saw in recent months in Ghouta. Air strikes in the south-west have tripled in the last month, even though that area is part of a de-escalation zone. Russia is supposed to be a sponsor of that zone. It must urgently meet its commitments to prevent the regime from carrying out attacks and stop Iranian militias from expanding their foothold in the south.Members of the Security Council — all of us — must push the political process forward. There is Council unity behind that goal. There is a clear blueprint for a political solution in resolution 2254 (2015), which we adopted unanimously. We have to send a clear message to the Al-Assad regime and its backers: the end of the conflict can be reached only via the United Nations-led political process. There must be constitutional reform and free and fair elections under United Nations supervision. If the Al-Assad regime does not comply, we need to be prepared to impose real costs on it for its years of defiance and the devastation it has wrought in Syria. If we take those steps, we can start to change the calculus of the Al-Assad regime and its allies in Syria. We can show them that further conflict is not in their interests and that it is time for them to genuinely commit to a political solution. But as we saw last week, the longer we wait, the greater the risk of confrontation. Now is the time to act to reduce tensions and address Iran's designs in Syria. That is how we can prevent further escalation and even worse suffering. There is no time to waste.Mr. Polyanskiy (Russian Federation) (spoke in Russian): We thank Mr. De Mistura for his briefing. We can see that his personal participation in the meeting on Syria in Astana enabled him to make it a substantive one. We appreciated his call for active diplomacy, which Russia has advocated for from the very beginning. We continue to make significant efforts to facilitate a political settlement in Syria despite the undermining effects of the aggressive action by the United States, the United Kingdom and France in April against a number of civilian structures in Syria. I discerned no sympathy about what happened there in the statement by my United States colleague, despite the fact that it was a blatant breach of international law and did absolutely nothing to advance any kind of a settlement. Furthermore, her statement had an odd, confrontational tone that I felt certainly did not correspond to the message that Mr. De Mistura wanted to convey to all of us today, which is that it will be important for diplomacy to function if the peace that the Syrians have awaited for so long is to finally be established on the ground.Unlike some Security Council member States, which prefer taking unilateral measures to finding ways to solve problems, Russia is focusing on steps to genuinely improve the situation on the ground and advance the prospects for a political settlement. As Mr. De Mistura already noted, the ninth meeting of the participants in the Astana process concluded yesterday in the capital of Kazakhstan, and the guarantors adopted a joint statement. We are grateful to the leadership of Kazakhstan for its steadfast support. The meeting in Astana considered concrete measures for resolving a number of political and humanitarian issues and analysed the situation in the de-escalation zones, which play a key role in maintaining the ceasefire regime, reducing the level of violence and generally stabilizing the situation in Syria. The importance was noted of increasing efforts to help all Syrians and restore normal civilian life and, to that end, of providing fast, safe and unhindered humanitarian access and essential humanitarian and medical assistance, and creating the conditions needed to enable the safe and voluntary return of refugees and internally displaced persons to their homes, as well as people's freedom of movement.A second meeting was held of the working group on the liberation of detainees and hostages to discuss the handover of the bodies of the dead and the search for missing persons, with the participation of experts from the United Nations and the International Committee of the Red Cross. The importance of continuing joint efforts with the aim of building trust among the conflicting parties in Syria was emphasized. The Syrian Government declared its willingness to engage with the working group and decided to appoint a special representative on issues related to its work.16/05/2018 The situation in the Middle East S/PV.8260 18-14999 7/12 In line with the provisions of resolution 2254 (2015), the meeting affirmed its determination to continuing to promote a political settlement by helping to implement the recommendations of the Syrian National Dialogue Congress held in Sochi. The consultations with the Special Envoy of the Secretary-General and the Syrian parties will continue, with a view to establishing the conditions conducive to starting the work of a constitutional committee in Geneva as soon as possible, whose parameters will have to be agreed on by the Syrians themselves. We will get nowhere without their consensus, so there is no point in proposing artificial frameworks for the process, especially if they are based on provisional plans of some kind. Thanks to the Astana process, we have succeeded in generating momentum for a political process based on intra-Syrian talks under the auspices of the United Nations, although, as we have noted, the triple alliance's aggression against the Syrian Arab Republic has significantly limited the room for manoeuvre in that regard.Concerted efforts by the guarantor countries are bringing us steadily closer to eliminating the presence of the Islamic State in Iraq and the Levant (ISIL), Jabhat Al-Nusra and other terrorist groups altogether. The recent situation in Syria has continued to be difficult. The guarantor countries' efforts are certainly not being helped by provocative initiatives from external actors, which merely strengthen radical sentiments among groups opposing the legitimate Government and fuel their reluctance to work for negotiated solutions.In Damascus, the operation to liberate the southern regions and suburbs of the capital from ISIL-affiliated groups continues, but Yalda, Babila and Bayt Saham are now fully under the Syrian authorities' control and civilian life there is returning. Russian specialists are helping the Syrian authorities to restore civilian infrastructure. Mines are being cleared, socially significant facilities are being rebuilt and electricity and water services are being restored. In eastern Ghouta, some 65,000 residents previously evacuated from the area have returned to their homes. However, in some other regions where the Syrian Government lacks access, the situation has continued to deteriorate. That is especially true of the Rukban and Al-Tuwaihina refugee camps, as well as the former ISIL capital, Raqqa, where the humanitarian situation is disastrous. Measures must be taken to rectify it without delay. The solution is simple — restore Damascus's sovereignty over those territories as soon as possible.Government forces and Palestinian volunteers, with aerial and artillery support, have continued to combat fierce resistance from terrorist detachments in the Palestinian refugee camp in Yarmouk. The militias wounded several dozen civilians in mortar strikes on residential areas in the north-east area of the camp. In the past week, the territory held by the illegal armed groups in Yarmouk has been significantly reduced.The Syrian army's assault on ISIL positions in Deir ez-Zor province has also been ramped up. ISIL's adherents have incurred considerable losses in manpower and equipment and have been driven out of an area of about 1,500 square kilometres. A large-scale operation to eliminate ISIL is being conducted in the eastern part of Syria with the aim of completely defeating the terrorists based in hard-to-reach desert areas, who have been increasing their attacks on Government forces in the Euphrates region and Homs province.We will continue the difficult work of restoring peace in Syria. Frankly, we are disturbed by some international and regional actors' disrespectful attitude to the issue of Syrian sovereignty, of which we have recently seen alarming manifestations. It is important to understand that this will not help to normalize the situation in Syria or the region as a whole. It fuels the conflict and reduces the prospects for a political settlement. For example, how can we be sure that reckless and illegal actions similar to those that occurred a month ago will not be repeated on some other trumped-up pretext? The reckless conduct of a number of international and regional players who claim to have common sense has considerably slowed progress regarding a settlement of the situation in Syria. If they cannot or will not help us with that, they should at least not interfere.In conclusion, I would like to touch briefly on the remarks by my American colleague. Basically, more than half of her statement was about Iran, not Syria, and Syria is the item on our agenda today, after all. I would also like to ask the Americans some questions we have about that. Before they blame Russia or Iran, I would like to ask what the reason is for the presence of United States forces in Syria and what their real objective is. The territories under their control have become grey areas where extremists of various stripes and real terrorists roam freely. In particular, what is going on with the several hundred ISIL followers who are being held by forces loyal to the United States under United States oversight in the region beyond the S/PV.8260 The situation in the Middle East 16/05/2018 8/12 18-14999 Euphrates? They are not being investigated, and nor are they being returned to their countries of origin. We are worried that ISIL will re-emerge in those areas when the United States withdraws from them, which it must do sooner or later.In conclusion, I would like to once again assure the Council of Russia's willingness to support any diplomatic efforts that can bring an end to the miseries of the Syrian people and peace to that long-suffering land.Mr. Ma Zhaoxu (China) (spoke in Chinese): I would like to begin by thanking Mr. De Mistura, Special Envoy of the Secretary-General for Syria, for his briefing. I appreciate his tireless efforts to find a political solution to the conflict.In recent weeks various members of the international community have made tremendous efforts to restore momentum in the political process. China welcomes the latest round of Astana talks and its joint communiqué, and salutes Russia, Kazakhstan, Turkey and Iran for their efforts. We hope that this dialogue will continue to play a positive role in helping to maintain a ceasefire in Syria and advance the Geneva negotiations.China has always maintained that a political solution is the only possible option where the issue of Syria is concerned, and that achieving that goal will require efforts on the international, regional and national fronts. First, the international community should continue to give its support to the United Nations, as the main channel for mediation, and to Mr. De Mistura's efforts to relaunch the Geneva negotiations as soon as possible, on a basis of full respect for Syria's sovereignty, independence, unity and territorial integrity and with a view to helping the conflicting parties to engage in negotiations on political governance, the Constitution, elections and counter-terrorism. The Council should remain united in moving the Syrian political process forward.Secondly, the countries involved in the region should take the country's long-term interests and stability into consideration and play a constructive role in helping to find a political solution. China notes that there have been attacks on targets inside Syria. We hope that the parties concerned will remain calm, show restraint and work together to maintain regional peace and stability.Thirdly, both the Syrian Government and the opposition, based on concern for the future of their country and the fundamental interests of their people, should proceed to participate in the Geneva negotiations without preconditions, in accordance with the principle of a dialogue that is Syrian-owned and -led, and on the basis of resolution 2254 (2015), with a view to actively engaging in gradual efforts to reach a settlement that is acceptable to all the parties.For its part, China has been working relentlessly to find a solution. On 13 and 14 May, in the first instance of such an event being held on Syria in China, we hosted an international symposium in Shanghai on the prospects for a political settlement to the Syrian issue. It was attended by Xie Xiaoyan, China's Special Envoy for Syria, a representative of the Special Envoy of the Secretary-General, and the Special Envoys of the United Kingdom and France for Syria, as well as experts and scholars from many countries. Participants held in-depth discussions on the prospects for a solution, the factors bearing on a political settlement and the role of the international community. Our Special Envoy remains in close contact with the parties concerned in his continuing efforts to help reach a solution. Together with the rest of the international community, China stands ready to continue to play a positive and constructive role in finding a political solution to the issue.Mr. Umarov (Kazakhstan): We thank the Special Envoy for Syria, Mr. De Mistura, for his update, and we were glad to hear some encouraging notes of optimism in his briefing.Despite the numerous problems on the humanitarian and political fronts in Syria, Kazakhstan believes that it is imperative to continue to promote a settlement of the crisis while implementing resolution 2254 (2015). We are glad that at their meetings held on 14 and 15 May in Astana, the representatives of Syria's Government and opposition, along with those of the guarantor States, unanimously confirmed the importance of continuing the process. Among other issues, they addressed the importance of increasing efforts to ensure compliance with the various agreements reached during the previous eight rounds of the Astana talks. On the other hand, they also agreed that Geneva should remain the main international platform from which to seek and implement a political settlement of the Syrian crisis. It will also be important to continue to support the aims of the Astana talks and further Geneva negotiations, while ultimately merging those important platforms with the aim of achieving positive results.16/05/2018 The situation in the Middle East S/PV.8260 18-14999 9/12 We thank the Special Envoy for his consultations with various Foreign Ministers at the recent summit of the League of Arab States, as well as with Ms. Federica Mogherini, the European Union's High Representative for Foreign Affairs and Security Policy. His high-level meetings in Moscow, Tehran, Riyadh and Ankara, as well as his consultations with several European ministers and senior representatives of the United States, are also commendable. We are encouraged by his summary today of his meetings and the outcomes of the Astana process, and we note his hopes for progress and his readiness to increase his own efforts and those of several of the principal stakeholders to revive the political process.We can all see that de-confliction and the precautionary measures to safeguard protected sites under humanitarian law are working. So far this year, 500 additional sites have been de-conflicted, as the process is known. Their coordinates have been voluntarily submitted through the United Nations, and today the total number of sites stands at 661.We are hearing a number of continuing questions and concerns about the outlook for Idlib, which should certainly be our top priority, simply because it has such a large population of vulnerable ordinary citizens. We agree with Mr. De Mistura that since Idlib is six times larger than eastern Ghouta, and therefore has six times more civilian residents, it is in an extremely vulnerable position. We cannot afford a war in Idlib and we therefore call on the main stakeholders with an influence on the conflicting parties to hold negotiations at the national and local levels and in the wider region in order to mitigate the potential tensions.We are impressed by the courageous stance of and the sacrifices made by the United Nations, the Red Crescent, the International Committee of the Red Cross and the Norwegian Refugee Council, which are serving under the most challenging circumstances.To conclude, we also hope that the Brussels Conference, held on 24 and 25 April, will help to generate conditions conducive to the peaceful resolution of the Syrian crisis.Finally, we emphasize once again that the most important condition for the settlement of the Syrian crisis is a political process, through direct dialogue and the use of confidence-building measures among the parties, without which there can be no lasting results. We should not forget that it is the Syrians themselves who should begin to shape the future political system of the Syrian State, with the necessary legislative reforms, its territorial and administrative structure, and presidential and parliamentary elections, in accordance with resolution 2254 (2015).Mr. Inchauste Jordán (Plurinational State of Bolivia) (spoke in Spanish): We express our gratitude for the briefing that we heard from Mr. Staffan de Mistura, the Special Envoy of the Secretary-General for Syria, to whom we reiterate our support in the discharge of his duties.Once again we cannot but express our sorrow at the fact that this conflict has gone on for six years now and we are still witnessing the ongoing siege and violence suffered by the Syrian people, mainly children, who, in addition to living with the psychological aftermath of the situation, are also in urgent need of humanitarian assistance. We deplore any act of violence that puts human lives at risk and therefore call for an end to the violence and urge the parties to refrain from any hostile, provocative or unilateral actions, in order to prevent any further suffering of the Syrian people and any further destabilization of the region.We welcome the holding of the summit of the three ceasefire guarantors in Ankara, Turkey, in March. We will be focusing closely on the next summit, which will be sponsored by the Islamic Republic of Iran. Likewise, we welcome the recent Astana meeting. We deem its outcome positive, as were the agreements reached one year ago exactly, when the important de-escalation zones were established. We believe that that international initiative has served to reduce the level of violence and has facilitated, and will continue to facilitate, the path to peace and stability in Syria.We therefore call for greater coordination among the local authorities within the de-escalation zones, humanitarian agencies and the Syrian Government, which will make it possible to improve the living conditions of the local population, with a view to contributing to international efforts to end the conflict in Syria.We call once again for efforts to continue with respect to the full implementation of resolution 2401 (2018), so as to ensure safe, sustained and unhindered humanitarian access to all those who require it. The protection of the civilian population and civilian infrastructure must also be a priority within the S/PV.8260 The situation in the Middle East 16/05/2018 10/12 18-14999 framework of respect for international law and international humanitarian law.We deem imperative the voluntary return of internally displaced persons in a safe and dignified manner, as soon as the situation permits. For that to happen, demining will be vital in those areas where it is necessary. We would urge that the political dialogue agenda continue to focus on the release of detainees and abductees, as well as on the identification of missing or deceased persons.We stress the efforts made towards the voluntary return of thousands of people to eastern Ghouta and other cities north and south of Damascus and their subsequent full return. My delegation would draw the attention of the Security Council to the need to protect thousands of innocent civilians, including children and the elderly, and move them to Idlib. It is urgent and pressing that peace be maintained and any escalation of violence avoided in that area, as the aftermath could be tragic.We believe that measures must continue to be taken to reduce the level of violence on the ground, promote confidence among the parties involved, alleviate the humanitarian situation and promote ongoing initiatives aimed at finding a peaceful political solution. The process must take place on the basis of the various initiatives taken and meetings held at different levels. We therefore underscore once again the commitments made at the Syrian National Dialogue Congress, held in Sochi on 30 January, with a focus on strengthening the United Nations-led political process in the framework of the road map set out in resolution 2254 (2015), in particular through the drafting of a new constitution and the establishment of a constitutional committee, which we believe must be representative and impartial. We hope that the work of that committee, in Geneva, should start as soon as possible and should be active and dynamic and include the participation of all parties to the conflict.We welcome the good offices and mediation of the Secretary-General and his close collaboration with the members of the Security Council in the quest for a peaceful solution to the crisis in Syria.To conclude, we reject any attempt to divide or fragment Syria along ethnic lines or to foster sectarianism there. It is the Syrian people themselves who must freely decide their future and their political leadership, in the framework of their sovereignty, independence and territorial integrity, without any external pressure or interference.We reiterate that the only way to resolve the conflict in Syria is through a Syrian-owned and Syrian-led political process that is inclusive and based on consultation and dialogue and that will allow for a peaceful solution to be reached among all the parties involved.Ms. Pierce (United Kingdom): I had not intended to speak today in the Chamber, but I wanted to respond to some of the things that we have just heard. I will therefore take this opportunity to thank Staffan de Mistura and his team for all their work, which is not proving as fast or as productive as all of us would like, but I think that we are very grateful to Staffan for all his efforts. I was also interested to hear the Chinese account of the work of their envoy.We all know what needs to be done. We have had very many discussions in this Chamber and in the Consultations Room about Syria. I think that what we struggle with is how to get it done and how to take the next step, so I hope that when we leave the Chamber and go next door into closed consultations, we can actually have a proper discussion, without polemics, about what it will take to get the constitutional committee up and running; what are the concrete steps that need to be taken and how we as the Council can best facilitate and support that; and what it takes to get Idlib protected. Lots of speakers today have referred to Idlib; I think that we all know its importance, scale and significance. I would urge those Astana progenitors to do what they can to ensure that on the ground, people in Idlib are safe and that we avert a humanitarian catastrophe there. But I would like to have a proper discussion next door about how the Council can actually support that.I wanted to turn to the issue of the Syrian Government engaging with the United Nations. The Russian representative referred to backsliding from a political settlement and entrenching Syrian unwillingness for a negotiated solution. I think that those two statements are very damning, but they are not damning about us; they are damning about the Syrian regime. We really need all those with influence on Syria, including Russia and Iran, to encourage it to set aside a military strategy as a way to resolve the conflict and to engage with the United Nations across the board, so that we can get back to Geneva and to a political settlement. It is not we in the West who are stopping 16/05/2018 The situation in the Middle East S/PV.8260 18-14999 11/12 that happening. The onus is truly on Syria to follow the will of the Security Council and its resolutions and to allow the United Nations to do its work to help the people of Syria. Those are the main things I wanted to say, but I would like to touch on three more points as well, if I may.We support what the Special Envoy said about bringing women in, which I think is long overdue, and he can count on the United Kingdom's full support for that. I would also like to refer to Iran and the strikes on Israel from Syrian territory, on which we are in full agreement with the United States representative's comments and have been very vocal about in public. I also want to comment on the Russian representative's remarks about the air strikes. I will not rehearse why France, the United States and the United Kingdom took the action we did, except to say that we did it to avert a humanitarian catastrophe, and in doing so we helped to protect civilians on the ground, deterred and degraded Syria's ability to use chemical weapons and thereby upheld the global prohibition on weapons of mass destruction.While I think those things remain very important, they should not be used by anyone on the Council as a reason to let the Syrian Government off the hook where engaging with the United Nations on the political process is concerned. The political process has been essential since 2012, when the Geneva talks were started. It has been increasingly essential since then, and it continues to be essential now. I therefore hope that when we go next door we can have a very detailed discussion about how we as the Council can get back to the spirit of Sweden and actually help Staffan de Mistura and his team do something concrete to achieve that, and have no more mud-slinging.The President: In accordance with rule 37 of the Council's provisional rules of procedure, I invite the representative of the Syrian Arab Republic to participate in this meeting.I now give the floor to the representative of the Syrian Arab Republic.Mr. Mounzer (Syrian Arab Republic) (spoke in Arabic): To begin with, the delegations of the United States and the United Kingdom have tried to promote false claims justifying their aggression against sovereign States, particularly my country, Syria, with the aim of concealing their direct involvement in terrorism and their part in the responsibility for the bloodshed in Syria. I would like to say to them that the testimony, as cited in the media, of the thousands of Syrians who have escaped the blockades of armed terrorist groups in eastern Ghouta, has proved that those countries have been involved in making those citizens suffer through their support of those terrorist groups. Through their positions, their malicious acts and their illegal occupation of various areas of Syria, they have shown that, contrary to their claims, they cannot let go of their history of greed, occupation and imperialism. When speaking in the Council, they claim falsely that they are trying to find a political solution to the situation in Syria, but let me point out, briefly, that we have been able to defeat their agenda in Aleppo and eastern Ghouta, and we will be able to ensure that they cannot win in any part of my country.For the past seven years, since the beginning of the terrorist war in Syria, the United States, Britain and France have been working relentlessly to support and help conduct that war. They have also used the United Nations as a political tool to put pressure on the Syrian Government to implement their hegemonic agenda, interfere in our internal affairs and destabilize my country. They have not used the United Nations to fight terrorism and its sponsors or to help Syria overcome the suffering inflicted on it by armed terrorist groups, which should have been the goal.The Special Envoy devoted part of his statement to discussing the humanitarian situation. In that regard, I want to reiterate that the Syrian Government gives priority to providing every kind of humanitarian assistance to all Syrians in need, wherever they are in Syria. That is our duty, and we are doing our duty. The legal and constitutional obligations established under international decisions and Security Council resolutions on combating terrorism obliged my Government to undertake military operations in eastern Ghouta in order to rescue civilians from the armed terrorist groups holding them hostage and using them for years as human shields. In that regard, I want to state that contrary to some false narratives, the successful military operations conducted by the Syrian Arab Army and its allies against the armed terrorist groups controlling a number of areas that the United Nations has classified as besieged or hard to reach — along with the settlement and reconciliation agreements — have all mitigated civilians' suffering, reduced the numbers of those areas and facilitated humanitarian access to them, including eastern Ghouta.S/PV.8260 The situation in the Middle East 16/05/2018 12/12 18-14999 We deplore the fact that the United States speaks of its eagerness to reach a political agreement while it has been committing acts of aggression against my country based on lies, simply because it is working to give support to the armed groups because they have suffered losses in eastern Ghouta. It was the United States that supported Israel's aggression on 9 May when Israel was unable to protect its own proxy terrorist groups and implement its conspiracy against my country's unity, sovereignty and territorial integrity. Israel has continued its dangerous acts of aggression, which would not have been possible without the continuing unstinting support of the United States Government, because it enjoys impunity as a result of the support it has from the United States in the Security Council, enabling Israel to continue its terrorist acts threatening international peace and security in the region and the world. The Syrian Arab Republic reaffirms that through its military and armed forces it is able and ready to fend off all acts of aggression against its sovereignty and independence. However, we want to reiterate that any attempts to support this failing terrorism will not work. Such flagrant violations will not present obstacles to us in combating terrorism throughout Syrian territory.Yesterday we concluded round nine of the Astana process, and we are pleased with the results. We thank the delegations of Russia, Iran and the host country, Kazakhstan, for making the Astana process a success with regard to combating terrorism. The outcome document of the meeting stresses the unity, sovereignty and territorial integrity of the Syrian Arab Republic against any external entities that attempt to violate them.In cooperation with our friends and allies, the Syrian army has succeeded in liberating eastern Ghouta and the southern area of Damascus, making the capital and its surrounding areas safe. With the cooperation of our friends and brothers, we have also expelled the terrorists from the northern area of Homs and the southern area of Hama. Today we reaffirm that we will continue to fight terrorism and to work to liberate each and every part of our territory from terrorism and from countries that seek to undermine our sovereignty.In conclusion, the Government of the Syrian Arab Republic will spare no effort to support all genuine efforts to arrive at a political solution whereby Syrians, and only Syrians, will decide their future and make choices aimed at safeguarding Syria's sovereignty, independence, unity and territorial integrity.The President: The representative of the United Kingdom has asked for the floor to make a further statement.Ms. Pierce (United Kingdom): I just wanted to comment on the Syrian representative's last statement, in which he said that the Syrian Arab Republic will spare no effort to arrive at a political solution. That is obviously a welcome statement. I would like to ask him if he could tell the Council, or is willing to say today, that Syria will put the same amount of effort into engaging with the Special Envoy of the Secretary-General for Syria and with the Council in order to take concrete steps to get the Geneva process to work and to get a constitutional committee off the ground. If Syria were able to make that commitment today in the Chamber, I believe that would unlock a lot of things for the Council.The President: The representative of the Syrian Arab Republic has asked for the floor to make a further statement. I now give him the floor.Mr. Mounzer (Syrian Arab Republic) (spoke in Arabic): We have said time and again that we are working with the Special Envoy of the Secretary-General for Syria. A delegation from the Syrian Arab Republic is working directly with him. We are eager, as we have said repeatedly, to find a peaceful, Syrian-led solution to the Syrian crisis.The President: There are no more names inscribed on the list of speakers. I now invite Council members to informal consultations to continue our discussion on the subject.The meeting rose at 11.25 a.m.
The Situation In The Middle East This Record Contains The Text Of Speeches Delivered In English And Of The Translation Of Speeches Delivered In Other Languages. ; United Nations S/PV.8260 Security Council Seventy-third year 8260th meeting Wednesday, 16 May 2018, 10 a.m. New York Provisional President: Ms. Wronecka. . (Poland) Members: Bolivia (Plurinational State of). . Mr. Inchauste Jordán China. . Mr. Ma Zhaoxu Côte d'Ivoire. . Mr. Djédjé Equatorial Guinea. . M. Ndong Mba Ethiopia. . Mr. Alemu France. . Mr. Delattre Kazakhstan. . Mr. Umarov Kuwait. . Mr. Alotaibi Netherlands. . Mr. Van Oosterom Peru. . Mr. Meza-Cuadra Russian Federation. . Mr. Polyanskiy Sweden . Mr. Skoog United Kingdom of Great Britain and Northern Ireland . Ms. Pierce United States of America. . Ms. Eckels-Currie Agenda The situation in the Middle East This record contains the text of speeches delivered in English and of the translation of speeches delivered in other languages. The final text will be printed in the Official Records of the Security Council. Corrections should be submitted to the original languages only. They should be incorporated in a copy of the record and sent under the signature of a member of the delegation concerned to the Chief of the Verbatim Reporting Service, room U-0506 (verbatimrecords@un.org). Corrected records will be reissued electronically on the Official Document System of the United Nations (http://documents.un.org). 18-14999 (E) *1814999* S/PV.8260 The situation in the Middle East 16/05/2018 2/12 18-14999 The meeting was called to order at 10.15 a.m. Adoption of the agenda The agenda was adopted. The situation in the Middle East The President: In accordance with rule 39 of the Council's provisional rules of procedure, I invite Mr. Staffan de Mistura, Special Envoy of the Secretary- General for Syria, to participate in this meeting. Mr. De Mistura is joining today's meeting via video-teleconference from Geneva. The Security Council will now begin its consideration of the item on its agenda. I give the floor to Mr. De Mistura. Mr. De Mistura: When I last briefed the Security Council on 9 April, it was at an emergency meeting (see S/PV.8225). On that occasion, I warned of the threats to regional and international peace and security arising from developments in or related to Syria. I know that today it is not an emergency meeting. However, the circumstances of an emergency very much remain. I do not need to remind members that tensions are high and regional and international confrontations have occurred several times. Allow me to highlight some recent events since 9 April. On 13 April, the United States, France and the United Kingdom conducted missile strikes in response to the allegations of the use of chemical weapons in eastern Ghouta. Those countries say that the strikes targeted three research and production facilities near Damascus and Homs. On 29 April, strikes were reported on Syrian Government military facilities in Hamah and Aleppo. Some media outlets attributed those strikes to Israel, alleging that those killed included Iranian personnel. Neither Israel nor Iran responded to those claims. On 8 May, strikes were reported just south of Damascus. Syrian State media attributed those strikes to Israel. Israel did not confirm that claim. Israel then said that it had detected "irregular Iranian activity" in the occupied Golan, which it put on high alert. Between 9 and 10 May, Israel carried out dozens of strikes against presumed Iranian and Syrian Government military targets across southern Syria. The Israeli authorities claim that they were responding to Iranian forces firing rockets from Syrian territory at Israeli military targets in the occupied Syrian Golan. Iran condemned the Israeli strikes and denied those claims. We are not is a position to independently verify every aspect of those incidents. However, even an incomplete picture shows the troubling trajectory of the increasingly frequent and ever more intense international confrontations over Syria, unprecedented since 1973. As the Security Council knows, the Secretary- General has followed those developments with great concern and called for restraint by all parties in order to avoid any acts that could escalate the situation and worsen the suffering of the Syrian people. The Secretary-General stressed that the United Nations has a "duty to remind Member States that there is an obligation, particularly when dealing with matters of peace and security, to act consistently with the Charter of the United Nations, and with international law in general." (S/PV.8233, p. 2) On the issue of chemical weapons, let me again echo the Secretary-General's call for the Security Council to "agree on a dedicated mechanism for ensuring effective accountability for the use of chemical weapons in Syria" (ibid.). As the Council well knows, as of now, we await the results of the ongoing investigation by the Fact-finding Mission of the Organization for the Prohibition of Chemical Weapons following its visit to Douma, with a report to be issued to States parties to the Chemical Weapons Convention. However, we have also seen worrying developments elsewhere in Syria. Evacuations from eastern Ghouta were similarly repeated in the eastern Qalamoun area, southern Damascus and northern rural Homs. First, on the military escalation, the pattern has been one of incoming air strikes and artillery and outgoing mortars and rockets towards Damascus. Then there was a negotiation, followed by an agreement for the evacuation of those civilians and fighters unwilling to remain under Syrian Government control or Russian Federation protection guarantees. We have also seen similar evacuation agreements 16/05/2018 The situation in the Middle East S/PV.8260 18-14999 3/12 being discussed in Idlib province but in a completely different format — the reverse format. This time we are talking about civilians and fighters in Government-controlled areas, namely, Kafraya and Fo'ah, while considering evacuations — beginning with medical evacuations — following the three-year siege and intermittent attacks from armed groups surrounding that area.Let me share with the Council a recurrent concern that I know that all members have. If civilians and fighters are simply funnelled into northern Syria — mostly into Idlib — then that might only postpone another conflict affecting many additional people, which I will discuss later. Therefore, it is important to keep close watch on future developments in Idlib province. Meanwhile, civilians continue to pay a terrible price. To be precise, 110,000 people have been evacuated to north-western Syria and Operation Euphrates Shield areas in the past two months. Many of them are reportedly traumatized and in urgent need of assistance and protection. Humanitarian partners are overwhelmed and stretched quite thin by the scale of those evacuations, but continue to do their utmost to respond to the growing needs, with the Council's assistance.Returning to the topic of Idlib, if a Ghouta scenario were to play out there, the situation could be six times worse, affecting 2.3 million people, half of whom are already internally displaced and would have nowhere else to go. But that is not purely a question of the Syrians' suffering. We fear that any substantial escalation in Idlib, Dar'a or in the north-east might also result in risks not only to Syrian civilians, but also for international peace and security. As we know, many of those areas contain external and international forces. Conflict there might entail confrontations with those forces, thereby leading us down a slippery slope towards regional or potential international conflict. Therefore, discussions at the international level on how to prevent that and on de-escalation are needed, and, although they are taking place, they also need to be very intensive.I was therefore very encouraged to see concrete discussions on de-escalation when I attended the ninth high-level Astana meeting yesterday, which covered the issue of Idlib in particular, as the three guarantors have a say and the means to avoid it. That round of discussions in Astana saw constructive discussions on how that might be achieved. While fully stressing the need to respect Syria's sovereignty, independence and territorial integrity, we saw at first-hand the parties engage actively on how to avoid a worst-case scenario in Idlib. Moreover, the working group, of which the United Nations is a member and a proactive supporter — as hundreds of thousands of people in Syria expect of us — held its second meeting on the release of detainees, abductees and bodies, and on the identification of missing persons. The members of the working group held constructive discussions on practical and concrete steps to address that key humanitarian issue. The guarantors informed us that they have secured the parties' support — which, if confirmed, is good news — for the activities taking place under the auspices of the working group, which is a positive development. As it is a matter of preliminary discussions, I hope that we will see progress with regard to that complex issue at the working group's next meeting, which we understand will be held in Ankara.De-escalation is indispensable, as the Syrians themselves are telling us, but it is only one of the ingredients necessary to move forward the political process. We also need to overcome concrete challenges to meaningfully follow through with the Geneva process so as to implement resolution 2254 (2015). As instructed by the Secretary-General, I have consulted with a broad spectrum of relevant stakeholders and proactively identified options for a meaningful relaunch of the United Nations-facilitated Geneva process. Over a period of two weeks, I conducted an exhaustive tour of consultations with members of the League of Arab States; representatives of Saudi Arabia, Egypt, Jordan and Iraq; the European Union (EU) High Representative; representatives of several key European countries, Turkey, the Russian Federation and the Islamic Republic of Iran; and all members of the Council, during what I believe was a very productive and useful retreat in Sweden; United States authorities during my visit to meet with them in Washington, D.C., several days ago; and also the Syrian Government and the opposition, with whom I had constructive discussions on the sidelines of the Astana meeting over the past two days. My deputy, Mr. Ramzy, was also in the region this past weekend in continuous political contact with regional stakeholders, and my chief of political affairs, Mr. Robert Dann, is visting China as we speak to exchange views with officials of that important member of the Security Council.What did I learn from that long tour? Not surprisingly, I returned to Geneva with a mixed picture. S/PV.8260 The situation in the Middle East 16/05/2018 4/12 18-14999 Clearly, significant differences remain, but there is also much common ground and interest on the need, first, to de-escalate, secondly, to form a constitutional committee under the auspices of the United Nations, thirdly, to facilitate the establishment of a safe, calm and neutral environment — leading to our shared goals in the political process — and, fourthly, to respect Syria's sovereignty, territorial integrity and independence. However, those commonalities risk getting glossed over, especially in the absence of serious international dialogue. I will say more on that later. During my tour, my message to all was the need — now more than ever — for robust, strong, proactive and urgent dialogue and consensus at the international level to create the minimum conditions necessary for a realistic and credible political process. As we know, much water has flowed under the bridge and much has happened since resolution 2254 (2015) was adopted. We are therefore becoming increasingly realistic and know that we need a credible political process that takes into account the current situation and does not forget resolution 2254 (2015).As the Secretariat, we are not sitting idle in that regard. We are assessing a number of creative options to update, revive and advance the Geneva-based political process. Let me state for the record that the United Nations remains ever-mobilized and -ready to work on the formation of a constitutional committee in accordance with the final statement of the Syrian National Dialogue Congress in Sochi. I therefore welcome the intention of the Astana guarantors to actively and regularly engage with the United Nations in Geneva so as to see through a concrete follow-up to the statement since its adoption three and a half months ago.I was also pleased to see a significant number of Member States reaffirm the primacy of the United Nations-led Geneva process, in general, and the need for a constitutional committee working under United Nations auspices, when I was at the EU-United Nations Brussels conference from 24 to 25 April. Those at the conference nearly unanimously reiterated the message that the only solution to the crisis will be political and that only such a political solution will pave the way for reconstruction efforts. Also in Brussels, we saw the entire United Nations system highlight the increasing needs of millions of Syrians, including internally displaced persons (IDPs) and neighbouring countries hosting refugees.Let me also note the important contribution of Syrian civil society in Brussels, in particular during a side event organized by the EU and my own Office. Those present did not shy away from debating with one another constructively and intensively on complex issues, such as transitional justice and sanctions. They all demanded the release of all detainees, abductees and missing persons. They all affirmed that any political solution must protect the right of refugees and IDPs. Despite their differences, Syrians — Syrian civil society — displayed a genuine commitment to dialogue and a spirit of negotiation that I hope can be replicated in the formal negotiations.In Brussels I also met with a group of Syrian women activists who stressed that not enough has been done to secure the direct participation of Syrian women in the political process. I committed to translating our collective commitment to that inclusion into concrete measures, and I will count on the Council's support to keep that promise. For instance, in future intra-Syrian talks, I will insist that the relevant number of seats be reserved exclusively for Syrian women. When I am criticized, I hope that the Council will support me. I know it will not be popular, but it needs to be done.Let me briefly touch on an issue that was raised by the civil society in Brussels and by many Syrians elsewhere who have been writing to us, that is, the possible implications of the newly adopted Law No. 10. We are quite aware of the concerns surrounding that law. We, as well as other United Nations partners, are seeking clarifications on the law's goals and repercussions, especially for refugees and IDPs who do not have access to legal documentation.Let me conclude with two bottom lines.First, de-escalation is critical between the Syrian and international stakeholders, both regional and global. We hope that the relevant players can re-establish some overarching rules of the road in that regard. We stand ready to facilitate such a discussion, with focused support from the Council and key countries for the good offices of the Secretary-General and myself.Secondly, we must revive the political process in terms of the constitutional committee, as well as in terms of some initial steps towards the establishment of a safe, calm and neutral environment. We stand ready to facilitate discussions on both. Let me stress that a critical component of either aspect of the political process is active, continuous and positive United 16/05/2018 The situation in the Middle East S/PV.8260 18-14999 5/12 Nations engagement with the Syrian parties. I repeat once again that we stand ready, today as always, to engage with the Syrian Government in Damascus. We will also continue our contacts with the opposition and Syrian civil society.To unlock and lock those two aspects, careful diplomacy is required more than ever — careful, but proactive diplomacy, including at a high level. Hence, we look with interest to the forthcoming visits to Moscow and meetings of Chancellor Merkel and, later on, President Macron with President Putin, which undoubtedly will not avoid the issue of a political process in Syria. The United Nations believes that there is an urgent need for high-level diplomacy to support de-escalation, avoid any miscalculation and ensure a genuine communication system about a sustainable end to the conflict. With the support of the Secretary-General, we will increase our own efforts to contribute to that endeavour, including by offering further ideas and —if required, which we hope it will be — bridging proposals.The President: I thank Mr. De Mistura for his briefing.I shall now give the floor to the members of the Security Council who wish to make statements.Ms. Eckels-Currie (United States of America): Since this is my first opportunity to congratulate you upon assuming the presidency, Madam President, I would like to do so at this time. I also thank Staffan for his briefing.Last week the world witnessed a new and extremely dangerous escalation in Syria. It should not surprise anyone on the Security Council that Iran was responsible. Iranian forces operating from Syrian territory launched a rocket attack against Israeli citizens — citizens of a sovereign State Member of the United Nations. The United States strongly supports Israel's right to act in self-defence. Iran's reckless and provocative acts last week prove what we have been saying: wherever Iran shows up in the Middle East, chaos follows. Last week's rocket attack against Israel is the latest in a pattern of destabilizing behaviour that is a dire threat to the region's stability.Iran's rocket attack against Israel shows something else too. It puts to bed any myths about why Iran is present in Syria, or what its true objectives might be. The fact is that Iran has installed offensive rocket and missile systems in Syria aimed at Israel. Iran has introduced those threats that were not present in Syria before the conflict; they are now. Iran, together with Hizbullah and other militias, is taking advantage of Syrian territory to establish bases and training camps. They are moving ever closer to Israel. The United States calls on Iran, Hizbullah and their other proxies to take no further provocative steps. If they do, Iran will bear full responsibility for its actions.It is also important to emphasize that Iran's actions do not serve the interests of the Iranian or the Syrian people. The Syrian people get no say in whether Iran threatens war against Syria's neighbours, but it is they who have to live with the consequences.All of us on the Security Council have an important choice to make: we can stay quiet and watch as Iran builds up the infrastructure to create another Hizbullah in Syria, or we can speak up and take steps to put real pressure on Iran to stop. For our part, the United States refuses to stay quiet. Russia in particular has a special responsibility here. Its troops are on the ground, sometimes alongside Iran's. Russia must know that Iran's provocative actions do nothing to help resolve the war in Syria. Russia must know that Iran's actions do just the opposite. They only inflame, prolong and widen the conflict.We heard once again from Staffan today that there has been very little progress on the political track. There has been no progress at all in Geneva, or following Russia's own conferences in Astana and Sochi. Since January, the United Nations was supposed assemble a new constitution drafting committee that would help kick off a new round of talks. The United Nations was supposed to have the ability to choose which people would serve on the committee, and the United Nations was supposed to be empowered to facilitate those talks. Instead, the Al-Assad regime has backtracked, stalled and then refused to cooperate.At the same time, the Syrian regime escalated its brutal military campaign. It seized eastern Ghouta, at the cost of thousands of lives and tens of thousands displaced. It used chemical weapons in Douma. Just yesterday, the Organization for the Prohibition of Chemical Weapons Fact-finding Mission released a report determining that chlorine was used during attacks on 4 February in Saraqib.As reported by the Fact-finding Mission, the facts of that chemical-weapons attack bear the hallmarks S/PV.8260 The situation in the Middle East 16/05/2018 6/12 18-14999 of similar attacks conducted by the Al-Assad regime. As we have said before, the United States assesses that the Syrian regime has used chemical weapons well over 50 times since the start of the civil war. The Al-Assad regime, with Iran's and Russia's full support, is choosing to pursue a military solution instead of a political solution, and that goes against everything we should stand for as the Security Council.In the aftermath of eastern Ghouta, the need for a real ceasefire could not be more obvious. Already, we see the Al-Assad regime launching new attacks in Idlib and the south-west. As Staffan noted, a Ghouta scenario in Idlib would be six times worse than the horror we saw in recent months in Ghouta. Air strikes in the south-west have tripled in the last month, even though that area is part of a de-escalation zone. Russia is supposed to be a sponsor of that zone. It must urgently meet its commitments to prevent the regime from carrying out attacks and stop Iranian militias from expanding their foothold in the south.Members of the Security Council — all of us — must push the political process forward. There is Council unity behind that goal. There is a clear blueprint for a political solution in resolution 2254 (2015), which we adopted unanimously. We have to send a clear message to the Al-Assad regime and its backers: the end of the conflict can be reached only via the United Nations-led political process. There must be constitutional reform and free and fair elections under United Nations supervision. If the Al-Assad regime does not comply, we need to be prepared to impose real costs on it for its years of defiance and the devastation it has wrought in Syria. If we take those steps, we can start to change the calculus of the Al-Assad regime and its allies in Syria. We can show them that further conflict is not in their interests and that it is time for them to genuinely commit to a political solution. But as we saw last week, the longer we wait, the greater the risk of confrontation. Now is the time to act to reduce tensions and address Iran's designs in Syria. That is how we can prevent further escalation and even worse suffering. There is no time to waste.Mr. Polyanskiy (Russian Federation) (spoke in Russian): We thank Mr. De Mistura for his briefing. We can see that his personal participation in the meeting on Syria in Astana enabled him to make it a substantive one. We appreciated his call for active diplomacy, which Russia has advocated for from the very beginning. We continue to make significant efforts to facilitate a political settlement in Syria despite the undermining effects of the aggressive action by the United States, the United Kingdom and France in April against a number of civilian structures in Syria. I discerned no sympathy about what happened there in the statement by my United States colleague, despite the fact that it was a blatant breach of international law and did absolutely nothing to advance any kind of a settlement. Furthermore, her statement had an odd, confrontational tone that I felt certainly did not correspond to the message that Mr. De Mistura wanted to convey to all of us today, which is that it will be important for diplomacy to function if the peace that the Syrians have awaited for so long is to finally be established on the ground.Unlike some Security Council member States, which prefer taking unilateral measures to finding ways to solve problems, Russia is focusing on steps to genuinely improve the situation on the ground and advance the prospects for a political settlement. As Mr. De Mistura already noted, the ninth meeting of the participants in the Astana process concluded yesterday in the capital of Kazakhstan, and the guarantors adopted a joint statement. We are grateful to the leadership of Kazakhstan for its steadfast support. The meeting in Astana considered concrete measures for resolving a number of political and humanitarian issues and analysed the situation in the de-escalation zones, which play a key role in maintaining the ceasefire regime, reducing the level of violence and generally stabilizing the situation in Syria. The importance was noted of increasing efforts to help all Syrians and restore normal civilian life and, to that end, of providing fast, safe and unhindered humanitarian access and essential humanitarian and medical assistance, and creating the conditions needed to enable the safe and voluntary return of refugees and internally displaced persons to their homes, as well as people's freedom of movement.A second meeting was held of the working group on the liberation of detainees and hostages to discuss the handover of the bodies of the dead and the search for missing persons, with the participation of experts from the United Nations and the International Committee of the Red Cross. The importance of continuing joint efforts with the aim of building trust among the conflicting parties in Syria was emphasized. The Syrian Government declared its willingness to engage with the working group and decided to appoint a special representative on issues related to its work.16/05/2018 The situation in the Middle East S/PV.8260 18-14999 7/12 In line with the provisions of resolution 2254 (2015), the meeting affirmed its determination to continuing to promote a political settlement by helping to implement the recommendations of the Syrian National Dialogue Congress held in Sochi. The consultations with the Special Envoy of the Secretary-General and the Syrian parties will continue, with a view to establishing the conditions conducive to starting the work of a constitutional committee in Geneva as soon as possible, whose parameters will have to be agreed on by the Syrians themselves. We will get nowhere without their consensus, so there is no point in proposing artificial frameworks for the process, especially if they are based on provisional plans of some kind. Thanks to the Astana process, we have succeeded in generating momentum for a political process based on intra-Syrian talks under the auspices of the United Nations, although, as we have noted, the triple alliance's aggression against the Syrian Arab Republic has significantly limited the room for manoeuvre in that regard.Concerted efforts by the guarantor countries are bringing us steadily closer to eliminating the presence of the Islamic State in Iraq and the Levant (ISIL), Jabhat Al-Nusra and other terrorist groups altogether. The recent situation in Syria has continued to be difficult. The guarantor countries' efforts are certainly not being helped by provocative initiatives from external actors, which merely strengthen radical sentiments among groups opposing the legitimate Government and fuel their reluctance to work for negotiated solutions.In Damascus, the operation to liberate the southern regions and suburbs of the capital from ISIL-affiliated groups continues, but Yalda, Babila and Bayt Saham are now fully under the Syrian authorities' control and civilian life there is returning. Russian specialists are helping the Syrian authorities to restore civilian infrastructure. Mines are being cleared, socially significant facilities are being rebuilt and electricity and water services are being restored. In eastern Ghouta, some 65,000 residents previously evacuated from the area have returned to their homes. However, in some other regions where the Syrian Government lacks access, the situation has continued to deteriorate. That is especially true of the Rukban and Al-Tuwaihina refugee camps, as well as the former ISIL capital, Raqqa, where the humanitarian situation is disastrous. Measures must be taken to rectify it without delay. The solution is simple — restore Damascus's sovereignty over those territories as soon as possible.Government forces and Palestinian volunteers, with aerial and artillery support, have continued to combat fierce resistance from terrorist detachments in the Palestinian refugee camp in Yarmouk. The militias wounded several dozen civilians in mortar strikes on residential areas in the north-east area of the camp. In the past week, the territory held by the illegal armed groups in Yarmouk has been significantly reduced.The Syrian army's assault on ISIL positions in Deir ez-Zor province has also been ramped up. ISIL's adherents have incurred considerable losses in manpower and equipment and have been driven out of an area of about 1,500 square kilometres. A large-scale operation to eliminate ISIL is being conducted in the eastern part of Syria with the aim of completely defeating the terrorists based in hard-to-reach desert areas, who have been increasing their attacks on Government forces in the Euphrates region and Homs province.We will continue the difficult work of restoring peace in Syria. Frankly, we are disturbed by some international and regional actors' disrespectful attitude to the issue of Syrian sovereignty, of which we have recently seen alarming manifestations. It is important to understand that this will not help to normalize the situation in Syria or the region as a whole. It fuels the conflict and reduces the prospects for a political settlement. For example, how can we be sure that reckless and illegal actions similar to those that occurred a month ago will not be repeated on some other trumped-up pretext? The reckless conduct of a number of international and regional players who claim to have common sense has considerably slowed progress regarding a settlement of the situation in Syria. If they cannot or will not help us with that, they should at least not interfere.In conclusion, I would like to touch briefly on the remarks by my American colleague. Basically, more than half of her statement was about Iran, not Syria, and Syria is the item on our agenda today, after all. I would also like to ask the Americans some questions we have about that. Before they blame Russia or Iran, I would like to ask what the reason is for the presence of United States forces in Syria and what their real objective is. The territories under their control have become grey areas where extremists of various stripes and real terrorists roam freely. In particular, what is going on with the several hundred ISIL followers who are being held by forces loyal to the United States under United States oversight in the region beyond the S/PV.8260 The situation in the Middle East 16/05/2018 8/12 18-14999 Euphrates? They are not being investigated, and nor are they being returned to their countries of origin. We are worried that ISIL will re-emerge in those areas when the United States withdraws from them, which it must do sooner or later.In conclusion, I would like to once again assure the Council of Russia's willingness to support any diplomatic efforts that can bring an end to the miseries of the Syrian people and peace to that long-suffering land.Mr. Ma Zhaoxu (China) (spoke in Chinese): I would like to begin by thanking Mr. De Mistura, Special Envoy of the Secretary-General for Syria, for his briefing. I appreciate his tireless efforts to find a political solution to the conflict.In recent weeks various members of the international community have made tremendous efforts to restore momentum in the political process. China welcomes the latest round of Astana talks and its joint communiqué, and salutes Russia, Kazakhstan, Turkey and Iran for their efforts. We hope that this dialogue will continue to play a positive role in helping to maintain a ceasefire in Syria and advance the Geneva negotiations.China has always maintained that a political solution is the only possible option where the issue of Syria is concerned, and that achieving that goal will require efforts on the international, regional and national fronts. First, the international community should continue to give its support to the United Nations, as the main channel for mediation, and to Mr. De Mistura's efforts to relaunch the Geneva negotiations as soon as possible, on a basis of full respect for Syria's sovereignty, independence, unity and territorial integrity and with a view to helping the conflicting parties to engage in negotiations on political governance, the Constitution, elections and counter-terrorism. The Council should remain united in moving the Syrian political process forward.Secondly, the countries involved in the region should take the country's long-term interests and stability into consideration and play a constructive role in helping to find a political solution. China notes that there have been attacks on targets inside Syria. We hope that the parties concerned will remain calm, show restraint and work together to maintain regional peace and stability.Thirdly, both the Syrian Government and the opposition, based on concern for the future of their country and the fundamental interests of their people, should proceed to participate in the Geneva negotiations without preconditions, in accordance with the principle of a dialogue that is Syrian-owned and -led, and on the basis of resolution 2254 (2015), with a view to actively engaging in gradual efforts to reach a settlement that is acceptable to all the parties.For its part, China has been working relentlessly to find a solution. On 13 and 14 May, in the first instance of such an event being held on Syria in China, we hosted an international symposium in Shanghai on the prospects for a political settlement to the Syrian issue. It was attended by Xie Xiaoyan, China's Special Envoy for Syria, a representative of the Special Envoy of the Secretary-General, and the Special Envoys of the United Kingdom and France for Syria, as well as experts and scholars from many countries. Participants held in-depth discussions on the prospects for a solution, the factors bearing on a political settlement and the role of the international community. Our Special Envoy remains in close contact with the parties concerned in his continuing efforts to help reach a solution. Together with the rest of the international community, China stands ready to continue to play a positive and constructive role in finding a political solution to the issue.Mr. Umarov (Kazakhstan): We thank the Special Envoy for Syria, Mr. De Mistura, for his update, and we were glad to hear some encouraging notes of optimism in his briefing.Despite the numerous problems on the humanitarian and political fronts in Syria, Kazakhstan believes that it is imperative to continue to promote a settlement of the crisis while implementing resolution 2254 (2015). We are glad that at their meetings held on 14 and 15 May in Astana, the representatives of Syria's Government and opposition, along with those of the guarantor States, unanimously confirmed the importance of continuing the process. Among other issues, they addressed the importance of increasing efforts to ensure compliance with the various agreements reached during the previous eight rounds of the Astana talks. On the other hand, they also agreed that Geneva should remain the main international platform from which to seek and implement a political settlement of the Syrian crisis. It will also be important to continue to support the aims of the Astana talks and further Geneva negotiations, while ultimately merging those important platforms with the aim of achieving positive results.16/05/2018 The situation in the Middle East S/PV.8260 18-14999 9/12 We thank the Special Envoy for his consultations with various Foreign Ministers at the recent summit of the League of Arab States, as well as with Ms. Federica Mogherini, the European Union's High Representative for Foreign Affairs and Security Policy. His high-level meetings in Moscow, Tehran, Riyadh and Ankara, as well as his consultations with several European ministers and senior representatives of the United States, are also commendable. We are encouraged by his summary today of his meetings and the outcomes of the Astana process, and we note his hopes for progress and his readiness to increase his own efforts and those of several of the principal stakeholders to revive the political process.We can all see that de-confliction and the precautionary measures to safeguard protected sites under humanitarian law are working. So far this year, 500 additional sites have been de-conflicted, as the process is known. Their coordinates have been voluntarily submitted through the United Nations, and today the total number of sites stands at 661.We are hearing a number of continuing questions and concerns about the outlook for Idlib, which should certainly be our top priority, simply because it has such a large population of vulnerable ordinary citizens. We agree with Mr. De Mistura that since Idlib is six times larger than eastern Ghouta, and therefore has six times more civilian residents, it is in an extremely vulnerable position. We cannot afford a war in Idlib and we therefore call on the main stakeholders with an influence on the conflicting parties to hold negotiations at the national and local levels and in the wider region in order to mitigate the potential tensions.We are impressed by the courageous stance of and the sacrifices made by the United Nations, the Red Crescent, the International Committee of the Red Cross and the Norwegian Refugee Council, which are serving under the most challenging circumstances.To conclude, we also hope that the Brussels Conference, held on 24 and 25 April, will help to generate conditions conducive to the peaceful resolution of the Syrian crisis.Finally, we emphasize once again that the most important condition for the settlement of the Syrian crisis is a political process, through direct dialogue and the use of confidence-building measures among the parties, without which there can be no lasting results. We should not forget that it is the Syrians themselves who should begin to shape the future political system of the Syrian State, with the necessary legislative reforms, its territorial and administrative structure, and presidential and parliamentary elections, in accordance with resolution 2254 (2015).Mr. Inchauste Jordán (Plurinational State of Bolivia) (spoke in Spanish): We express our gratitude for the briefing that we heard from Mr. Staffan de Mistura, the Special Envoy of the Secretary-General for Syria, to whom we reiterate our support in the discharge of his duties.Once again we cannot but express our sorrow at the fact that this conflict has gone on for six years now and we are still witnessing the ongoing siege and violence suffered by the Syrian people, mainly children, who, in addition to living with the psychological aftermath of the situation, are also in urgent need of humanitarian assistance. We deplore any act of violence that puts human lives at risk and therefore call for an end to the violence and urge the parties to refrain from any hostile, provocative or unilateral actions, in order to prevent any further suffering of the Syrian people and any further destabilization of the region.We welcome the holding of the summit of the three ceasefire guarantors in Ankara, Turkey, in March. We will be focusing closely on the next summit, which will be sponsored by the Islamic Republic of Iran. Likewise, we welcome the recent Astana meeting. We deem its outcome positive, as were the agreements reached one year ago exactly, when the important de-escalation zones were established. We believe that that international initiative has served to reduce the level of violence and has facilitated, and will continue to facilitate, the path to peace and stability in Syria.We therefore call for greater coordination among the local authorities within the de-escalation zones, humanitarian agencies and the Syrian Government, which will make it possible to improve the living conditions of the local population, with a view to contributing to international efforts to end the conflict in Syria.We call once again for efforts to continue with respect to the full implementation of resolution 2401 (2018), so as to ensure safe, sustained and unhindered humanitarian access to all those who require it. The protection of the civilian population and civilian infrastructure must also be a priority within the S/PV.8260 The situation in the Middle East 16/05/2018 10/12 18-14999 framework of respect for international law and international humanitarian law.We deem imperative the voluntary return of internally displaced persons in a safe and dignified manner, as soon as the situation permits. For that to happen, demining will be vital in those areas where it is necessary. We would urge that the political dialogue agenda continue to focus on the release of detainees and abductees, as well as on the identification of missing or deceased persons.We stress the efforts made towards the voluntary return of thousands of people to eastern Ghouta and other cities north and south of Damascus and their subsequent full return. My delegation would draw the attention of the Security Council to the need to protect thousands of innocent civilians, including children and the elderly, and move them to Idlib. It is urgent and pressing that peace be maintained and any escalation of violence avoided in that area, as the aftermath could be tragic.We believe that measures must continue to be taken to reduce the level of violence on the ground, promote confidence among the parties involved, alleviate the humanitarian situation and promote ongoing initiatives aimed at finding a peaceful political solution. The process must take place on the basis of the various initiatives taken and meetings held at different levels. We therefore underscore once again the commitments made at the Syrian National Dialogue Congress, held in Sochi on 30 January, with a focus on strengthening the United Nations-led political process in the framework of the road map set out in resolution 2254 (2015), in particular through the drafting of a new constitution and the establishment of a constitutional committee, which we believe must be representative and impartial. We hope that the work of that committee, in Geneva, should start as soon as possible and should be active and dynamic and include the participation of all parties to the conflict.We welcome the good offices and mediation of the Secretary-General and his close collaboration with the members of the Security Council in the quest for a peaceful solution to the crisis in Syria.To conclude, we reject any attempt to divide or fragment Syria along ethnic lines or to foster sectarianism there. It is the Syrian people themselves who must freely decide their future and their political leadership, in the framework of their sovereignty, independence and territorial integrity, without any external pressure or interference.We reiterate that the only way to resolve the conflict in Syria is through a Syrian-owned and Syrian-led political process that is inclusive and based on consultation and dialogue and that will allow for a peaceful solution to be reached among all the parties involved.Ms. Pierce (United Kingdom): I had not intended to speak today in the Chamber, but I wanted to respond to some of the things that we have just heard. I will therefore take this opportunity to thank Staffan de Mistura and his team for all their work, which is not proving as fast or as productive as all of us would like, but I think that we are very grateful to Staffan for all his efforts. I was also interested to hear the Chinese account of the work of their envoy.We all know what needs to be done. We have had very many discussions in this Chamber and in the Consultations Room about Syria. I think that what we struggle with is how to get it done and how to take the next step, so I hope that when we leave the Chamber and go next door into closed consultations, we can actually have a proper discussion, without polemics, about what it will take to get the constitutional committee up and running; what are the concrete steps that need to be taken and how we as the Council can best facilitate and support that; and what it takes to get Idlib protected. Lots of speakers today have referred to Idlib; I think that we all know its importance, scale and significance. I would urge those Astana progenitors to do what they can to ensure that on the ground, people in Idlib are safe and that we avert a humanitarian catastrophe there. But I would like to have a proper discussion next door about how the Council can actually support that.I wanted to turn to the issue of the Syrian Government engaging with the United Nations. The Russian representative referred to backsliding from a political settlement and entrenching Syrian unwillingness for a negotiated solution. I think that those two statements are very damning, but they are not damning about us; they are damning about the Syrian regime. We really need all those with influence on Syria, including Russia and Iran, to encourage it to set aside a military strategy as a way to resolve the conflict and to engage with the United Nations across the board, so that we can get back to Geneva and to a political settlement. It is not we in the West who are stopping 16/05/2018 The situation in the Middle East S/PV.8260 18-14999 11/12 that happening. The onus is truly on Syria to follow the will of the Security Council and its resolutions and to allow the United Nations to do its work to help the people of Syria. Those are the main things I wanted to say, but I would like to touch on three more points as well, if I may.We support what the Special Envoy said about bringing women in, which I think is long overdue, and he can count on the United Kingdom's full support for that. I would also like to refer to Iran and the strikes on Israel from Syrian territory, on which we are in full agreement with the United States representative's comments and have been very vocal about in public. I also want to comment on the Russian representative's remarks about the air strikes. I will not rehearse why France, the United States and the United Kingdom took the action we did, except to say that we did it to avert a humanitarian catastrophe, and in doing so we helped to protect civilians on the ground, deterred and degraded Syria's ability to use chemical weapons and thereby upheld the global prohibition on weapons of mass destruction.While I think those things remain very important, they should not be used by anyone on the Council as a reason to let the Syrian Government off the hook where engaging with the United Nations on the political process is concerned. The political process has been essential since 2012, when the Geneva talks were started. It has been increasingly essential since then, and it continues to be essential now. I therefore hope that when we go next door we can have a very detailed discussion about how we as the Council can get back to the spirit of Sweden and actually help Staffan de Mistura and his team do something concrete to achieve that, and have no more mud-slinging.The President: In accordance with rule 37 of the Council's provisional rules of procedure, I invite the representative of the Syrian Arab Republic to participate in this meeting.I now give the floor to the representative of the Syrian Arab Republic.Mr. Mounzer (Syrian Arab Republic) (spoke in Arabic): To begin with, the delegations of the United States and the United Kingdom have tried to promote false claims justifying their aggression against sovereign States, particularly my country, Syria, with the aim of concealing their direct involvement in terrorism and their part in the responsibility for the bloodshed in Syria. I would like to say to them that the testimony, as cited in the media, of the thousands of Syrians who have escaped the blockades of armed terrorist groups in eastern Ghouta, has proved that those countries have been involved in making those citizens suffer through their support of those terrorist groups. Through their positions, their malicious acts and their illegal occupation of various areas of Syria, they have shown that, contrary to their claims, they cannot let go of their history of greed, occupation and imperialism. When speaking in the Council, they claim falsely that they are trying to find a political solution to the situation in Syria, but let me point out, briefly, that we have been able to defeat their agenda in Aleppo and eastern Ghouta, and we will be able to ensure that they cannot win in any part of my country.For the past seven years, since the beginning of the terrorist war in Syria, the United States, Britain and France have been working relentlessly to support and help conduct that war. They have also used the United Nations as a political tool to put pressure on the Syrian Government to implement their hegemonic agenda, interfere in our internal affairs and destabilize my country. They have not used the United Nations to fight terrorism and its sponsors or to help Syria overcome the suffering inflicted on it by armed terrorist groups, which should have been the goal.The Special Envoy devoted part of his statement to discussing the humanitarian situation. In that regard, I want to reiterate that the Syrian Government gives priority to providing every kind of humanitarian assistance to all Syrians in need, wherever they are in Syria. That is our duty, and we are doing our duty. The legal and constitutional obligations established under international decisions and Security Council resolutions on combating terrorism obliged my Government to undertake military operations in eastern Ghouta in order to rescue civilians from the armed terrorist groups holding them hostage and using them for years as human shields. In that regard, I want to state that contrary to some false narratives, the successful military operations conducted by the Syrian Arab Army and its allies against the armed terrorist groups controlling a number of areas that the United Nations has classified as besieged or hard to reach — along with the settlement and reconciliation agreements — have all mitigated civilians' suffering, reduced the numbers of those areas and facilitated humanitarian access to them, including eastern Ghouta.S/PV.8260 The situation in the Middle East 16/05/2018 12/12 18-14999 We deplore the fact that the United States speaks of its eagerness to reach a political agreement while it has been committing acts of aggression against my country based on lies, simply because it is working to give support to the armed groups because they have suffered losses in eastern Ghouta. It was the United States that supported Israel's aggression on 9 May when Israel was unable to protect its own proxy terrorist groups and implement its conspiracy against my country's unity, sovereignty and territorial integrity. Israel has continued its dangerous acts of aggression, which would not have been possible without the continuing unstinting support of the United States Government, because it enjoys impunity as a result of the support it has from the United States in the Security Council, enabling Israel to continue its terrorist acts threatening international peace and security in the region and the world. The Syrian Arab Republic reaffirms that through its military and armed forces it is able and ready to fend off all acts of aggression against its sovereignty and independence. However, we want to reiterate that any attempts to support this failing terrorism will not work. Such flagrant violations will not present obstacles to us in combating terrorism throughout Syrian territory.Yesterday we concluded round nine of the Astana process, and we are pleased with the results. We thank the delegations of Russia, Iran and the host country, Kazakhstan, for making the Astana process a success with regard to combating terrorism. The outcome document of the meeting stresses the unity, sovereignty and territorial integrity of the Syrian Arab Republic against any external entities that attempt to violate them.In cooperation with our friends and allies, the Syrian army has succeeded in liberating eastern Ghouta and the southern area of Damascus, making the capital and its surrounding areas safe. With the cooperation of our friends and brothers, we have also expelled the terrorists from the northern area of Homs and the southern area of Hama. Today we reaffirm that we will continue to fight terrorism and to work to liberate each and every part of our territory from terrorism and from countries that seek to undermine our sovereignty.In conclusion, the Government of the Syrian Arab Republic will spare no effort to support all genuine efforts to arrive at a political solution whereby Syrians, and only Syrians, will decide their future and make choices aimed at safeguarding Syria's sovereignty, independence, unity and territorial integrity.The President: The representative of the United Kingdom has asked for the floor to make a further statement.Ms. Pierce (United Kingdom): I just wanted to comment on the Syrian representative's last statement, in which he said that the Syrian Arab Republic will spare no effort to arrive at a political solution. That is obviously a welcome statement. I would like to ask him if he could tell the Council, or is willing to say today, that Syria will put the same amount of effort into engaging with the Special Envoy of the Secretary-General for Syria and with the Council in order to take concrete steps to get the Geneva process to work and to get a constitutional committee off the ground. If Syria were able to make that commitment today in the Chamber, I believe that would unlock a lot of things for the Council.The President: The representative of the Syrian Arab Republic has asked for the floor to make a further statement. I now give him the floor.Mr. Mounzer (Syrian Arab Republic) (spoke in Arabic): We have said time and again that we are working with the Special Envoy of the Secretary-General for Syria. A delegation from the Syrian Arab Republic is working directly with him. We are eager, as we have said repeatedly, to find a peaceful, Syrian-led solution to the Syrian crisis.The President: There are no more names inscribed on the list of speakers. I now invite Council members to informal consultations to continue our discussion on the subject.The meeting rose at 11.25 a.m.
FEBRUARY, J900 ■ Gettysbur Mercury CONTENTS. Puzzles and their Value in Men-tal Training, 261 How Obtain Equilibrium be-tween Production and Con-sumption, 265 Scene in the Forest, Orlando Soliloquizing, 271 Education more than a Means of Gaining a Livelihood, 272 A Comparative Study in Ruskin, 274 Editorials 278 Economic Results of Gambling, 279 Results of the Art of Healing,. 282 Public Control of Industries 285 The Power of Ignorance; 292 KAVOR THOSE WHO FAVOR US. For Fine. Printing go to p o ,,0 CARLISLE ST. GETTYSBURG, PA. C. B. Kitzmiller Dealer in Hats, Caps, Boots and . Douglas Shoes GETTYSBURG, PA. J. H. Myers Fashionable Tailor, Clothier and Gents' Furnisher. The best place in town to taaveyourCloth-ing made to order. All workmanship and Trimmings guaranteed. No charge for re-pairs and pressing for one year. Dyeing and Repairing a specialty. Ready-made Clothing the largest stock in town. Up-to-date styles. 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HINDS & HOBLE, Publishers 4-5-13-14 Cooper Institute H. Y. City Schoolbnohs of all publishers atone store. R. A. WONDERS, Corner Cigar Parlors. A full line of Cigars, Tobacco, Pipes, Etc. Scott's Corner, Opp. Eagle Hotel. GETTYSBURG, PA. JOHN M. MINNIGH, Confectionery, Ice, andIee Cpeankjj-* Oysters Stewed and Fried. No. 17 BALTIMORE ST. I .THE. GETTYSBURG MERCURY. Entered at the Postoffice at Gettysburg as second-class matter. VOL. VIII. GETTYSBURG, PA., FEBRUARY, 1900. No. 8 Editor-in-Chief. J. FRANK HEILMAN, '00. Assistant Editors. LUTHER A. WEIGLE, '00. S. A. VAN ORMER, '01. Alumni Editor. REV. F. D. GARLAND. Business Manager. JOHN K. HAMACHER. '00. Assistant Business Manager. CLARENCE MOORE, '02. Advisory Board. PROF. J. A. HIMES, LIT. D. PROF. G. D. STAHLEY, M. D. PROF. J. W. RICHARD, D. D. Published monthly by the students of Pennsylvania (Gettysburg) College. Subscription price One Dollar a year in advance, single copies Fifteen Cents. Students, Professors and Alumni are cordially invited to contribute. All subscriptions and business matter should be addressed to the Business Manager. Articles for publication should be addressed to the Editor. Address THE GETTYSBURG MERCURY, GETTYSBURG, PA. PUZZLES AND THEIR VALUE IN MENTAL TRAINING. [GIES PRIZE ESSAY, FIRST PRIZE.] OF all the powers of the human soul, the imagination is one of the most universal in its application and pleasing in its products, the earliest activity of the infant mind, and the last to cling to old age. Without the exercise of this faculty, the world would be a barren waste of material facts, in which would dwell the human race, passive recipients of objective im-pressions, without the power to revel in the beauties of imaged thought and conception of the Divine. Poetry, philosophy, art, science, invention, religion—all would be lost to mankind. L,ittle wonder, then, that the products of the imagination have ever been present and cultivated among men. The word "puzzle" has been variously defined, and the objects of thought and action to which it may be applied are widely different. But a common ground may be assumed—a puzzle is an invented contrivance, either intellectual or material, mtmllM - 262 THE GETTYSBURG MERCURY. whose solution requires time and ingenuity. It will be seen that the puzzle is pre-eminently the product ot the inventive imagina-tion and in turn its highest application is in the exercise of that power for its solution. Intellectual puzzles are in many senses the most important and also most ancient, being generally cast in the form of riddles. From the earliest times of history we can find evidence of the existence of puzzles, either as a form of intellectual amusement or didactic discipline. Among the Eastern nations obscure forms of expression were the inevitable associates of their symbolical modes of thought. It is certain that such methods of statement were in use among the Egyptians, while several books of riddles exist in old Arabic and Persian. One of the most well-known of puzzles is the riddle which Samson propounded to the Philistines, and many other examples are found in the Bible. The proverbs of Solomon are at times excellent types of the didactic form of the riddle. The parables of the Savior were skillful methods of teaching important truths veiled under an interesting narrative which drew the attention of the crowd, and would be very accept-able to an Eastern mind. In Greece the riddle was a favorite mode of intellectual enter-tainment at symposia. To the active mind of the Greek nothing was more pleasing than a well-directed turn of expression which would give room for play of the imagination. There is abundant evidence of this among their writers. Some of their poets even did not hesitate to write whole books of riddles, and Kleobulus, one of the seven wise men, was especially noted for his composi-tions along this line. The famous riddle of the Sphinx as told in the Oedipus Tyrannus, is probably the best known puzzle of Greek literature, though the most interesting form was a part of their very religious life and character—the oracles of the inspired priests, on which hung sometimes the fate of nations, even of the world. The raveling of such obscurities of expression was a source of the keenest pleasure to the Greek mind, and, while a product of the imagination, was an efficient agent in bringing it to that perfection shown in attic literature, thought and philosophy. The Roman mind, more earnest and grave, found small pleas-ure in these modes of intellectual activity, and very little is known of their use of puzzles until the later republic and empire, when they were introduced with the passion for everything Greek, and ■■■■HH THE GETTYSBURG MERCURY. 263 professional riddle-makers soon began to take a prominent part in their entertainments and banquets. During the middle ages puzzles were cultivated more as a pleasant means of entertainment than for any other purpose, and until recently the same idea has clung to them. Many manu-script and printed editions of collections of puzzles, riddles and conundrums are in existence. Much of their content consists of coarse jests, but there are some real gems of wit and valuable aids to a true estimate of mediaeval life. The Reformation put a stop to this merry jesting for a time, but it soon crept into favor again, and during the eighteenth century the most brilliant minds of Europe were engaged in the intellectual pastime. At the present day puzzles are still in great favor with both young and old, and their educational worth is becoming more and more realized. As a mental training the value of the puzzle lies chiefly in its power of cultivating quickness and strength of the constructive imagination. An obscurity of expression or mechanical con-struction may require time to solve its intricacies, but the mind is certainly the better for having mastered it. All the faculties of memory and imagination are brought into play, and side by side comes development of the reasoning power as we attempt to deduce from our problem its elements, or to arrive by induction at the result of certain assumed forces. These are the things which made the riddle so attractive to the Greek, with his quick imagination and active reasoning power. When we solve a dif-ficult puzzle, we in fact repeat the very processes by which as children we began to learn, for then everything was a puzzle; and in doing so we strengthen the faculties of the mind which are most essential, and besides strength impart to them a facility and quickness of action, which is in itself most valuable. The subject-matter of the puzzle may be another source of con-siderable benefit. The didactic riddles of the East have already been mentioned as examples of what may be taught in this way. A truth given an obscure expression which requires mental effort to unravel will be impressed upon the mind when it has been gained. A mechanical construction whose every portion has been carefully studied with a view to its possible part in the function of the whole, will not soon be forgotten. In this fact alone may be grounded a strong argument in favor of the puzzle's part in mental training. 264 THE GETTYSBURG MERCURY. Puzzles are beginning to play a more and more important part in the education of the child. Almost the first book placed in its hands, "Mother Goose," is full of simple riddles. Froebel's kindergarten method, so generally acknowledged now-a-days, em-bodies the puzzle idea to a great extent, developing as it does the powers of observation, invention and reasoning. As the child passes into school, puzzles of graded difficulty are used for several years, and his toys always include a number of puzzles and games, many of which contain subject-matter of educational value. Many firms now publish educational games, whose benefit to the child will be revealed by even a superficial examination. The use of puzzles may be carried too far, however; for they may be made an end in themselves. Men may become so infatu-ated with the delicacy of reasoning and exhilaration of discovery as to lose sight entirely of the practical use of the mind. So did the School-men of the middle ages, who waged long controversies on trivial and absurd questions merely for sake of the argument. Neither should puzzles take the place of more legitimate means of education, for it must be kept in mind that they are for the more developed merely an intellectual pastime which will benefit instead of harm ; and for the child a means of starting its mind upon the path which it must shortly travel with the more able guides of language, art and science. Puzzles seem to be trivial things, and are so in a certain sense. But they present wonderful capabilities to the student of Psy-chology and the teacher of the child's mind. Used within proper bounds, as a means and not an end, they may become, in devel-opment of strength and facility of the imagination and the reas-oning power, and in didactic force, a powerful factor in mental training. —L. A. W., '00. Hold fast to the Bible as the sheet anchor of your liberties; write its precepts in your hearts, and practice them in your lives. —U. S. Grant. A broken reputashun is like a broken vase—it may be mend-ed, but alwuss shows whare the brak waz.—Josh Billings. THE GETTYSBURG MERCURY. 265 MOW OBTAIN EQUILIBRIUM BETWEEN PRODUCTION AND CONSUMPTION. AS a matter of course, the first thing to consider in searching for a remedy for any evil, whether in economics or else-where, is to seek to find the causes of that evil, and to discover a means of removing these causes. Whether the means proposed be beneficial in other respects or advisable upon other grounds we do not need to inquire in this paper. All that is necessary is to find some measure which gives fair promise of bettering matters in this one department of economic life which we have under consideration, namely, of establishing a more stable and more nearly correct relation between the producer and consumer. Briefly and roughly stated, it seems to us that the whole difficulty arises from the fact that the producer is not able to foretell how much of a demand there will be for his goods and incidental to this, how many of those who create the demand will be able to pay within a reasonable time, provided he is willing to sell on credit. As to the second point, demand un-doubtedly is defined to be how much certain persons are ready to take at a certain price. But we must remember that an enormous part of economic operations are conducted on a credit basis and we cannot overlook this as it exercises such a potent influence in increasing or lowering the demand or supply at any time. For if a man believes the credit of his purchasers is good, he will be willing to sell a greater quantity of goods on credit and at a lower price than if he is doubtful as to their credit, and so we might illustrate further. This second point then is incidental to the first, but it is so important in the view we take of the matter that we mention it at once in connection with what we regard the leading difficulty, namely, the producer's ignorance of the con-sumer's future demand for his goods. For he must anticipate the future. It is possible in so few industries to carry on production by filling orders already filed, that we may almost neglect them. And where there are such, the difficulties which we find elsewhere between producer and consumer do not exist, since they work on a solid basis with regard to the future, and are not compelled to base their output upon a supposed state of the market. In other words, they know 266 THE GETTYSBURG MERCURY. what the market will be and this is the element which is ordinar-ily lacking and which is the cause, as we believe, of the mis-understandings. Now it becomes important to try to answer the question "Why are these producers in ignorance of the future demand for their goods ?" Necessarily an important factor, in all economic life, is the large mass of natural products which are so dependent on the forces of nature, and as it is impossible to control the workings of these to any appreciable extent, the period between the planting for the future and the realization of it, between "seedtime and harvest," must always be one of doubt. It is apparently impossible to control the amount of production in this sphere, and, so far as this operates as an agent in causing misunderstandings between the producer and consumer, we do not attempt to suggest a remedy. As long as it is impossible for a man to know that he can meet a certain demand, even though he is sure that demand will exist, and that impossibility depends on the fact that the agents which cause the uncertainty are beyond human control, the cure seems also to be without the bounds of human power. From this class of cases where there is an impossibility for the producer to tell what supply he can put upon the market, we pass, by almost imperceptible gradations, to cases where the producer needs only know the demand and he can meet it with an ample supply. No doubt there are natural products which lie on the line between these extremes, as, for example, the output of mines which can be regulated to a fair extent, and there are products, not strictly natural, which are very uncertain as to the possible supply, but as a rule the further removed the product is from the soil, the more completely is the extent of its production within the control of man. It is to this class of products that we wish to direct particular attention. Assuming then that the demand could be met if it could be known, we come again to the question "Why cannot the demand be known ?" The producer can find from his table ofstatistics how many producers there are in the same business with him, how large an amount of their products has been sold during the year previous to that one, and the year previous and soon back, and then, by dividing his capital into the total capital invested in the business, he can find how much of that output should belong --. Sira :-:.'; . THE GETTYSBURG MERCURY. 267 to him. A simple problem, no doubt, but with no correctness in its application, and why not ? Simply because no one of his fellow producers, nor himself either, will be satisfied with the amount as he would thus work it out, but partly through natural aggressive-ness, partly though a desire to protect himself against aggressive-ness on the part of his competitors, he will seek to produce and to sell a little more than his share. He will devise new means by which he can bring his goods a little more in favor with the pub-lic than his rivals. He will reduce his prices, allowing himself a narrower margin of profits, hoping to make himself even by larger sales. No doubt in this way he will sell more goods than his slower going neighbor and will get some of the trade which would otherwise have gone to him. His neighbor's trade falls off and he finds that he provided for more trade than he is getting and is burdened with an unsalable stock. This is so much idle capi-tal and makes him so much less able to carry on a successful business. This single illustration, on a small scale, though it is, shows the inherent tendency of competition to make uncertain what share of a given demand will fall to a producer's lot. The same amount of goods may be sold, as he had anticipated, but he has not sold his share, for some one has succeeded in selling it ahead of him. We believe, therefore, that competition is the main reason. why the producer cannot foretell what the demand for his goods will be, and as it is this inability to foretell which leads to the mis-understandings between producer and consumer, the natural conclusion is that we should remove competition. We wish to make mention again that we do not argue that this is necessarily a beneficial or advisable means generally. ■ All we are concerned with is the question whether it will tend to remove the misunderstandings we have been speaking of. Of course it is not far to seek a means of accomplishing this. The means have been thrust upon us rather generously during the past few years. The tendency toward industrial combination, seeming to be the logical outgrowth of competition, appears, like Zeus, to threaten the reign of its progenitor. No doubt, it ap-pears startling to those economists who have been accustomed to regard competition with a kind of solemn awe, as containing a remedy for "all the heartaches and the thousand natural shocks 268 THE GETTYSBURG MERCURY. that flesh is heir to ;" but perhaps its partial disappearance may be attended by some results not altogether detrimental. The trust can estimate the demand which it will be called upon to meet. The total demand for a given article during any given period, does not vary through so large a range as to render this estimate one of great uncertainty. No doubt seasons of unusual depression or excitement may render calculations imperfect, but, all in all, the total output which the consumer stands ready to dispose of, is a matter of far higher certainty than the numerous possibilities existing when the producers are multiplied. By the immense amount of capital invested, the trust is better able to adapt itself to an unusual season of excitement or depres-sion. For example, the American Sugar Refining Company a few years ago built a new refinery furnished with the newest techni-cal improvements, to serve only as a safeguard in the case of a suddenly increased demand, or of stoppage in other factories. President Hadley in an article on Trusts, says, " A consoli-dated company has advantages in its power of adapting the amount of production to the needs of consumption. Where several con-cerns with large plants are competing and no one knows exactly what the others are doing, we are apt to have an alternation between years of over-production and years of scarcity, an alter-nation no less unfortunate for the public than for the parties im-mediatety concerned. A wisely managed combination can do much to avoid this. By making its production more even, it can give a constant supply of goods to the consumers and a constant opportunity of work to the laborers; and the resulting steadiness of prices is so great an advantage to all concerned that the public can well afford to pay a very considerable profit to those whose organizing power has rendered such useful service. Morever, the consolidation of all competing concerns avoids many unnecessary expenses of distribution. Under the old sys-tem, these expenses are very great. The multiplication of selling agencies involves much waste. Competitive advertisement is often an unnecessary and unprofitable use of money. Delivery of goods from independent producers, whether by wagon or by rail-road, often costs more than the better organized shipmeuts of a single large concern. All of these evils can be avoided by con-solidation." The same writer compares the trusts with an army, and the THE GETTYSBURG MERCURY. 269 comparison is apt for more purposes than one. The effectiveness with which a thoroughly organized and wealthy trust can meet an unexpected crisis, as compared with a large number of disorgan-ized and quarrelsome companies or individuals,is well paralleled by the difference between the manner in which a thoroughly equipped and organized army will overcome a sudden and severe attack, where a host of stragglers would have been cut to pieces. The very organization constitutes an element of tremendous strength. It must be concluded, we think, then, that trusts, would, or rather do furnish a means by which the future demand for the goods of the producer may be rendered more certain and hence they tend to remove the misunderstandings between the producer and the consumer. And now, how would such a remedy apply when we consider the matter of selling on credit. The man who sells, necessarily is not satisfied merely because he can tell how many goods his cus-tomer will buy. He wants to know how many he can and will pay for. Here in addition to the fact that their superior mastery of all the details of their business renders them more capable of judging of the credit of their purchasers, we seem to find another and very important fact. When competition exists, the producer is all the time seeking to hold out more inducement than his com-petitor. One of the common forms these inducements take is a sale on credit, and then competition arises as to extending the time of credit. Now, when the backbone of competition is broken, the trust no longer needs to use such means to secure purchasers. It stands in a position to dictate, to a great degree, its own terms, and can provide much more fully against dangerous credit than can be done where competition has full play. It is worth while, too, to mention the indirect effects flowing from those above mentioned. As the future is more closely anti-cipated, and as the sales made are more fully realized on than formerly, the financial embarrassments of various producers, under the old regime become a gradually disappearing quantity in the disturbing influences on trade. Of course the increased danger from the possibility of the trust must be omitted, but we believe it is overbalanced by the failures due to competition. When we entered upon the analysis of the causes which ren-dered demand uncertain, we supposed for the time being that the 'JO THE GETTYSBURG MERCURY. demand, if known, could be met. We now return to that point to inquire briefly how the trust would effect that side of the ques-tion, though we have already incidentally touched upon it. Necessarily, one thing which renders uncertain the ability of the producer to meet a given demand is the possibility of dissatis-faction among his employees, leading to a strike. The same argument applies here as applies to selling on credit. The employee is, to a certain extent, able to make more at the kind of work he is engaged in than at any other, for the simple reason that he knows more about it. Now when there are a number of producers in the same business he knows, if he leaves one, he can probably find work with another, while, where there is but one employer, he loses this advantage. But writers on Trusts and Industrial Combinations in the United States agree that the information given by the working-men, themselves, seems to prove that generally a reduction of hours for labor, seldom a reduction of wages and occasionally, an increase, have taken place, especially where the workingmen were well organized themselves. "It is pretty clear that the laborers in centralized undertakings have not been worse off than in decentralized ones." So that it appears that there is less likeli-hood of a strike under such organization than under the decen-tralized form, so that less opposition to the free course of produc-tion would be met with here. And again the indirect results would be beneficial. For, as the demand becomes more certain, and there is less waste from imperfect attempts to meet it, more and more the production of the trust becomes near to a uniform standard and thus tends to give the workmen steady employment at regular wages, which is a strong barrier against a strike on their part. From the direct and indirect results, therefore, of the consoli-dated form of production, we are led to believe that it presents a means of establishing a far better understanding between the pro-ducer and consumer. That in some minor details the result might be otherwise we do not deny, but looking at it in its broad out-lines and confining our attention carefully to theparticularsubject we have under discussion, we conclude that trusts furnish a method for removing much of the friction between the producer and the consumer. 'oo. ItttfSM&B&iSaSB THE GETTYSBURG MERCURY. 271 SCENE IN THE FOREST, ORLANDO SOLILOQUIZING. IS it so that in this guise she sought me? My heart is sick within me. I'll take me back to a wilder region in the forest and there the remainder of my days I'll spend in mourn-ing for my lost love. Aye, virtue is modesty and modesty is a virtue and in that is she lacking. Seek her ? Speak with her ? But strike me dead if I may speak one word with her, I'll write it, fold it, give it to her and fly. 'Twill be a testimony of my love that was, that is no more. She merits now nothing but my scorn. If I had wit, I'd make her blush for very shame, if shame there be in her. But my last breath is drawn. Oh how I loved her to distraction ! I ought to go, but how to move? What is this feeling within me that holds me back ? Is it because the road is long and I am tired. No, 'tis an accursed lingering of that love that once so filled me that I knew naught else. Will it never be in my power to shake it off? 'Twassent from Heaven and not from earth; 'twas given by God and not by man. And yet I'll rid me of it. Can one so unworthy hold my affections thus ? I have a dim vague unrest, can it be removed ? I hear a rustle in the autumn leaves. Ay, here she comes, do I love her yet ? I know not how strong my passion is. I faint from fear. I see her so plain, yet must seem to see her not. She speaks— Enter Ros. and Alia. Ros. (Dressed as a woman.) I am much distressed and faint for succor, must I fall with my true love standing near me and aiding me not ? Alia. Perhaps he sees us not. Shall I go touch him on the arm ? Ros. Yes, ask him if he loves me still. Tell him if when I need it his love fails me it is not love. ' Alia. (Goes up and touches him.) Rosalind has come to seek her lover. Do you not. see her ? She is in need of your aid ? What ails you ? Your eyes look wild and you seem to know me not. Orl. If any of pity exists in your heart for me leave me alone. Alas, I know not what I say; I want you to leave me and yet I fain would have you stay. Ros. (Coming up.) Pray pardon me for calling you my lover, you received it with such melancholy dignity, methinks 272 THE GETTYSBURG MERCURY. you do not half appreciate the honor placed upon you. Can I relieve you of the burden of the title? But why do you look at me thus ? Have I done aught against you ? Orl. I show no bravery by standing before you thus. I would that I could die before your very eyes to let you know what havoc you have wrought. But I leave you now this very minute to go far into the forest, perchance to take of my abode with a shepherd and thus spend my remaining days. I leave yet I stay. I cannot stir an inch, (aside.) Sweet Rosalind, has turned my head, Howl love her! Despite her faults, despite her lack of modesty.' Why came you to me thus? Tell me wished you again with your wiles to torment my morbid feelings. Ah, Rosalind, I still shall call you mine. Ros. Orlando, why did you think so ill of me ? Could you not see in my glowing eyes the story of my love. I would rather have had you woo me but bashful man makes maidens bold and love will find a way. We were parted but I could not abide far from thee. Wherever fate led I followed swayed by love alone. And as the days grow brighter and our hearts grow lighter we shall sing for joy, yes, joy without alloy. EDUCATION MORE THAN A MEANS OP GAINING A LIVELIHOOD. THAT education is a means of gaining a livelihood is a fact that needs no proof. Almost every day we are brought into contact with those who are gaining a comfortable liveli-hood by means of their education. In our day there are many others who are striving to get possession of the same means for no other purpose than that of making a living. It is to be regretted, however, that too many look at education as if it were a mere instrument for easily securing the things which satisfy their physical wants. Through this motive men have lost sight of the real and lasting value of education. I would not say that it is wrong to consider education as a means of gaining a livelihood, but I think that it is a very grievous error to consider education as having no other use or value. Indeed, education without any other purpose than that of a means of gaining a livelihood would be of little value to beings created as we are. THE GETTYSBURG MERCURY. 273 Herbert Spencer in his work on Education says, "In education the question of questions is how to decide among the conflicting claims of subjects and determine the relative values of knowledge. Every one in contending for the worth of any particular order of information, does so by showing its bearing upon some part of life. All effort, either directly or by implication, must appeal to the ultimate test of what use is it?" In other words, the writer affirms that the essential question for us to ponder is "How to live." Not how to live in the mere material sense only, but in the widest sense. The general problem which comprehends every special prob-lem is the right ruling of conduct in all directions, under all circumstances. In what way to treat the body; in what way to treat the mind; in what way to manage our affairs; in what way to bring up a family; in what way to behave as a citizen; in what way to utilize all those sources of happiness which nature supplies—how to use all our faculties to the greatest advantage of ourselves and others—how to live completely! And this being the great thing needful for us to learn, it is, by conse-quence the great aim of education. The leading kinds of activities which constitutes human life are: (1) Those activities which directly minister to self preserva-tion; (2) Those activities which, by securing the necessaries of life, indirectly administer to self preservation; (3) Those activities which are involved in the maintenance of proper social and political relations; (4) Those miscellaneous activities which make up the leisure part of life, devoted to the gratification of tastes and feelings. Is it not education which prepares the individual for direct and indirect self-preservation, for parent-hood, for citizenship, and for the miscellaneous refinements of life? Of course ideal education is complete preparation in all these divisions. Some one has said that education is to the soul what sculpture is to the marble. As the sculpture brings out of the marble the god-like form, the symmetrical proportion, the life-like attitude of the finished and polished statue, so education brings out of man as an animal man, a rational being, making him a complete creature after his kind. To his frame it gives vigor, activity and beauty; to his senses correctness and acuteness; to his intellect, power and truthfulness; to his heart, virtue. r