The responsibilities of the regulator should be clearly and objectively stated. The regulator should be operationally independent and accountable in the exercise of its functions and powers. The regulator should have adequate powers, proper resources and the capacity to perform its functions and exercise its powers. The regulator should adopt clear and consistent regulatory processes. The staff of the regulator should observe the highest professional standards including appropriate standards of confidentiality. The regulatory regime should make appropriate use of Self-Regulatory Organizations (SROs) that exercise some direct oversight responsibility for their respective areas of competence, and to the extent appropriate to the size and complexity of the markets. SROs should be subject to the oversight of the regulator and should observe standards of fairness and confidentiality when exercising powers and delegated responsibilities. The regulator should have comprehensive inspection, investigation and surveillance powers. The regulator should have comprehensive enforcement powers. The regulatory system should ensure an effective and credible use of inspection, investigation, surveillance and enforcement powers and implementation of an effective compliance program. The regulator should have authority to share both public and non-public information with domestic and foreign counterparts. Regulators should establish information sharing mechanisms that set out when and how they will share both public and non-public information with their domestic and foreign counterparts. The regulatory system should allow for assistance to be provided to foreign regulators who need to make inquiries in the discharge of their functions and exercise of their powers.
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President Biden has used the immigration authority known as "parole" to permit many immigrants to enter the country or remain in the country legally. But his actions have deep historical precedent. Under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)), the Attorney General and later the Secretary of Homeland Security has had the authority to waive the normal restrictions on entry and allow certain noncitizens to enter the United States since 1952. Table 1 provides a list of 126 programmatic or categorical parole orders, meaning orders that were nationalized policies intended to permit the entry of certain defined types of noncitizens. This list is certainly not exhaustive. Until recently, programmatic or categorical uses of parole were often not publicized in any formal, consistent, or even public way. The Immigration and Naturalization Service (INS) would simply create internal guidance that would only become public if stakeholders or the media publicized it.
For example, one instance in Table 1 is an INS official in 1990 listing six separate categories for parole in operation at the time that no other document refers to before or since. That is an exceptional case. In many cases, however, Congress acknowledged these uses of parole through subsequent or previous congressional actions, allowing for parolees to adjust to legal permanent residence or receive refugee benefits. In some cases, it just acknowledged that these procedures were in effect or expressed support for them. This list helps dispel some myths. Since the creation of the parole power in the Immigration and Nationality Act of 1952—which codified executive powers already in use—Congress has substantively amended the parole authority twice: in the Refugee Act of 1980 (P.L. 96–212, March 17, 1980), barring refugees from being paroled into the United States, and in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208), which made two statutory changes. First, the standard for paroling someone changed from "emergent" or "public interest" reasons to "urgent humanitarian" or "significant public benefit" reasons. Second, each determination had to be made on a case‐by‐case basis. Few at the time thought these changes were substantive, and the categorical parole regulations then in effect were reenacted verbatim. Moreover, the case‐by‐case basis requirement was in effect for decades, including for large‐scale programmatic uses of parole, such as for Cubans and Vietnamese. Case‐by‐case determinations always meant an individual determination, even if someone's categorization created a presumption that they met the "emergent/humanitarian" or "public interest/significant public benefit" requirement. In many cases, these parole programs have received almost no attention in many years but contain precedents that the current administration should consider reimplementing. For example, parole used to be available in 1990 for children aging out of eligibility for green cards. In the 1950s, it was used for the employment‐based first preference category (skilled immigrants) when immigrant visas were unavailable under the cap. These two issues are particularly relevant now, with the employment‐based cap being exhausted even for Nobel laureates and their children. Unfortunately, there is no comprehensive set of statistics for the number of people paroled since 1952. Figure 1 shows the data that the INS published from 1982 to 2003. Table 2 shows the programmatic grants under various programs from the 1950s through the year 2000.
Humanitarian and public interest parole categories (1952—present): This type of parole has evolved over time in the types of categories that fall under it. In 1964, the INS associate commissioner listed several categories of immigrants who would be granted parole: to "either attend to sickness or burial or some close family affair," "accompany servicemen, members of the Armed Forces where the wife or some child would have been technically inadmissible," reunite a mentally handicapped child who would otherwise be excludable with their family, or deal with medical emergencies. Since 1982, at least some of these reasons have been included in regulations. In 1980, the INS provided examples of parole, including children coming for medical treatment, people coming to donate a kidney, and a Chinese woman who was allowed to visit her 81‐year‐old adoptive mother, who had been expelled by the communists from China. In 1990, the INS described a "small sampling" of the kinds of humanitarian and public interest categories of parole available at the time: 1) Someone's immediate family member just died or is dying, and consular officers lack time to process a visa or deny the visa; 2) People coming for organ, blood, or tissue donation; 3) Extradited criminals, informants, witnesses; and 4) National security assets (e.g., Soviet dissidents and foreign U.S. spies). In September 2008, ICE, USCIS, and CBP signed a memorandum of agreement on the use of parole by the agencies. This document listed, among other programs described below, parole categories for 1) registered sources of the U.S. intelligence community, 2) transiters through the United States to legal proceedings in a third country, 3) trainees, 4) individuals necessary for prosecutions or investigations, 5) confidential informants, 6) extraditions, 7) civil court participants, and 8) international organization event participants. Parole from detention (1954—1980): On November 12, 1954, Ellis Island and several other INS detention centers were closed, and detainees were paroled into the United States. The number of detained immigrants fell from a monthly average of 225 to less than 40. Paroles were carried out under section 212(d)(5) of the INA. The INS promulgated a regulation on January 8, 1958, authorizing this practice of parole from ports of entry rather than detention. From 1954 until 1981, "most undocumented aliens detained at the border were paroled into the United States." Even after 1982, when the use of parole was narrowed, its use continued "when detention is impossible or impractical." The INS associate commissioner testified in 1964 that the closing of the detention facilities met the requirement of the parole statute because "it created a better image of the American Government and American public." Orphan parole (1956): The Refugee Relief Act of 1953 created 4,000 slots for orphans adopted by U.S. citizens, but when the slots were filled, the attorney general authorized the entry of additional orphans under his parole authority on October 30, 1956. A total of 925 orphans were paroled. Adjustment of status: On September 11, 1957, Congress enacted Public Law 85–316, which authorized the adjustment of status to legal permanent residence of any eligible orphaned paroled into the United States. Hungarian parole (1956): On November 13, 1956, President Eisenhower ordered that 5,000 Hungarians be paroled into the United States. On December 1, 1956, he revised the limit to 15,000 Hungarians before eliminating the limit on January 2, 1957. By June 30, 1957, 27,435 parolees had entered, and the total reached 31,915 by 1958. For context, only 109 immigrants were admitted from Hungary in 1956, and only 321,625 immigrants were admitted worldwide. The Justice Department said in 1957 that this was "the first time that the parole provision has been applied to relatively large numbers of people." Several U.S. charitable organizations helped prepare their parole applications and to find housing and jobs for them. Adjustment of status: On July 25, 1958, Congress enacted legislation (P.L. 85–559) that allowed Hungarians to adjust their status to legal permanent residence if they were "paroled into the United States" at any point after October 23, 1956 (including after the enactment of the act) if they had been in the United States for at least two years. Ultimately, 30,491 received legal permanent residence in this way. This set a precedent for handling adjustments of later parolees. Pre‐Examination Parole (1957—1959): Regulations of December 6, 1957 provided that someone who was subjected to pre‐examination in the United States prior to requesting an immigrant visa in Canada who was found inadmissible in Canada "shall be paroled" into the United States. This regulation was revoked in 1959. Crew Members Parole (1957—present): Regulations of December 6, 1957 provided for the parole of noncitizen crewmembers under certain circumstances and stated that shipwrecked or castaway crew members "shall be paroled." On December 8, 1961 and March 22, 1967, expanded the grounds for parole to asylum seekers from communist countries. On July 27, 1990, this parole was expanded to crewmen facing persecution in any country. On March 6, 1997, this provision was updated and reenacted, and it was revised and reenacted again on February 19, 1999. On April 4, 2004, the parole of lightering crews that were not eligible for D‑1 visas for technical reasons was authorized. The parole of crew members was recognized in Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208, 8 U.S.C. 1101(a)(13)(A)). Cuban parole (1959—1965): Starting about January 1, 1959, following the communist revolution, the Eisenhower administration used parole to allow a "small percentage" of Cubans who had left the island and entered illegally into the United States (INS 1960). By June 1961, there were 4,000 paroled Cubans in the United States (INS 1961). By December 31, 1961, there were 12,200 in parole status. In 1962, Cuban illegal entrants ceased to be referred for deportation hearings and were instead paroled into the United States (INS 1962). By June 1962, the number of Cubans on parole rose to 62,500 (INS 1962). Commercial travel between the U.S. and Cuba was suspended in 1962, and only a few thousand more Cubans made it off the island through the Red Cross (INS 1963). Altogether, about 107,116 Cubans were paroled into the United States from 1959 to 1965. Adjustment of status: The Cuban Adjustment Act of 1966 (P.L. 89–732, November 2, 1966) made it possible for Cuban parolees, including future parolees, to adjust their status to legal permanent residence after two years in the United States if they entered after 1959. Guam parole (1959—1974): Starting in April 1959, the INS began to parole into the United States some Filipinos to work with the Defense Department and the Government of Guam on the island under the Parolee Defense program. At least 16 orders establishing and renewing Guam parole programs went out between 1960 and 1969, and an INS internal memo of January 27, 1960 established the initial rules for the program. Workers received INS Form I‑94 stamped, "Paroled into Guam under section 212(d)(5) I&N Act until the purpose of parole has been served not exceeding—–." Parolees could enter for up to a year and could be extended at least twice. On November 15, 1962, the INS created the Reconstruction and Rehabilitation Parole Program to parole workers from the Philippines and the Trust Islands into Guam to help with emergency repairs to homes and defense installations following a storm (INS 1963). From FY 1963 to FY 1974, 26,501 workers received parole to enter Guam temporarily. The Reconstruction and Rehabilitation Parole Program ended in 1970, and the Parolee Defense program was eliminated in 1975 in favor of admitting workers under the H‑2 nonimmigrant work visa program. Refugee‐escapee parole (1960—1965): On July 14, 1960, Congress passed the Fair Share Law (Public Law 86–648), a joint resolution to "enable the United States to participate in the resettlement of certain refugees." The law directed the INS to parole into the United States any refugee who fled from a communist or Middle Eastern country in an amount not to exceed 25 percent of the total number of such refugees accepted by other countries in the world, and it allowed any of those paroled to receive legal permanent residence after two years. During fiscal year 1961, 2,942 refugees entered as parolees (INS 1961), the largest portion of which were from Yugoslavia. In 1962, the total reached 8,260 (INS 1962). By 1966, the total had reached 19,705 (INS 1966). Public Law 86–648 included a sunset date for this use of parole of July 1, 1962, but authorization to continue to parole was extended indefinitely by section 6 of the Migration and Refugee Assistance Act Public Law 87–510 (July 1, 1962). Section 16 of the Immigration and Nationality Act of 1965 ended this parole program, and the law introduced a new capped category of immigrant visas for refugees. Adjustment of status: Public Law 86–648 of 1960 (the original statute establishing the refugee‐escapee parolees) allowed parolees to adjust their status to legal permanent residence after two years in the United States. Section 16 of the Immigration and Nationality Act of 1965 terminated this provision. First Preference parole (1961): In January 1962, the INS reported that "recent changes in regulations" allowed for the parole of two groups of first preference skilled workers who could not receive green cards or immigrant visas as a result of the annual caps: 1) those who were abroad if they will be coming to work in defense industries; and 2) anyone in the United States. It's not clear exactly what change in regulation made this possible, but in 1964, the INS associate commissioner testified that this was the policy for "many years." He testified, "The basis for this policy was this incompatible situation that seemed to exist in that, with one hand, the Service was in effect making a finding that the alien's services were urgently needed and, at the same time, in contradiction, we were seeking to expel him." Congress revised the caps in 1965, which may have ended this practice. Hong Kong Chinese parole (1962—1965): On May 23, 1962, Attorney General Robert Kennedy ordered the INS to parole into the United States Chinese who had fled to Hong Kong so long as they were "relatives of United States citizens and resident aliens" or "Chinese persons possessing special skills needed in the United States" (INS 1962). By the end of FY 1963, the total number reached 7,047 (INS 1963). Processing continued into 1964, during which the total reached 10,617 (INS 1964). The number reached 13,619 in 1965 (INS 1965). By 1966, the total reached 14,757 (INS 1965, Table 14B). A few stragglers were approved in 1966 but did not arrive until later, bringing the total to 15,111 (INS 1966). The program ended in June 1965. Adjustment of status: The INA was amended in 1960 to allow parolees to adjust their status to legal permanent residence for the first time—which many were eligible to do since parolees generally had to meet the standards for an immigrant visa except for a cap spot being available—but no law provided any special category for Hong Kong parolees. Nonetheless, when Congress created a new general refugee category in December 1965, the administration used it to enable most other Hong Kong Chinese refugees to adjust their status. On October 5, 1978, P.L. 95–412 authorized adjustment of status for "any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before September 30, 1980."
Russian Orthodox Old Believer parole (1963): The Russian Orthodox Old Believer church was being forced out of Turkey to the Soviet Union, where they would be persecuted. In response, the INS authorized the parole of 210 church members on May 10, 1963. Adjustment of Status: On October 5, 1978, P.L. 95–412 authorized adjustment of status for "any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before September 30, 1980."
Cuban airlift parole (1965—1973): Starting on December 1, 1965, based on a November 6, 1965 memorandum of understanding with the Cuban government, the Johnson administration operated daily "Freedom Flights" from Cuba to Miami. During its operation, 281,317 Cubans were paroled into the United States. At its peak year, 46,670 Cubans arrived via parole in 1971. This compares to 361,972 total immigrants that year. The airlifts were funded by congressional appropriations. In May 1972, the flights were suspended by the Cuban government before being terminated permanently on April 6, 1973. Adjustment of status: The Cuban Adjustment Act of 1966 made it possible for Cuban parolees entering after 1959, including future parolees, to adjust their status to legal permanent residence after two years in the United States. Czechoslovak parole (1970): Following the failed uprising against the Soviets in Czechoslovakia on September 4, 1968, Secretary of State David Rusk asked the president to authorize the attorney general to parole for Czechoslovaks fleeing the fallout of the failed anti‐communist uprising. When the refugee numbers permitted under the Immigration and Nationality Act of 1965 ran out, every member of the House Judiciary Committee wrote in November 1969 to the administration to request that it parole Czechoslovakian refugees. On January 2, 1970, the attorney general authorized the use of parole. Nearly 5,000 were processed from February to November 1970, with 6,500 total. These parolees were given I‑94 documents that stated that the period of admission was "indefinite" and the purpose of the parole was "refugee." This type of indefinite parole document was still available throughout the 1980s for other parole types. Adjustment of Status: On October 5, 1978, Public Law 95–412 authorized adjustment of status for "any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before September 30, 1980."
Soviet Union minority religious groups (1971): Following a letter from Rep. Peter Rodino of the House Judiciary Committee, on October 1, 1971, Attorney General John Mitchell announced that the United States would parole Soviet religious minorities who secured exit permits from the Soviet Union. The first four arrived on January 7, 1972, and in FY 1973, 200 were processed this way (INS 1973). Adjustment of Status: On October 5, 1978, Public Law 95–412 authorized adjustment of status for "any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before September 30, 1980."
Advance Parole (1971): Advance parole appears to date to 1971 when the INS implemented a regulation in 1971 deeming an adjustment of status application abandoned if a person left the country while it was still pending unless "he had previously been granted permission by the Service for such absence." If someone had entered with a nonimmigrant visa and tried to adjust status, they would have had to prove "nonimmigrant intent" (i.e., intention to leave) upon reentry, which would be impossible with a pending adjustment of status application, and the only alternative to a visa is parole. Advance parole would not have helped prior to the effective date of the 1960 act, which authorized parolees to adjust their status (under a normal immigrant visa category) for the first time. The first advance parole regulation from 1982 stated that "parole [may be] authorized for an alien who will travel to the United States without a visa." Since then, advance parole has often been the top reason for granting parole. In several acts since then (1986, 1990, and 1996), Congress specifically mentioned how "advance parole" can be granted to people already paroled into the United States (8 U.S.C. 1151(c)(4)(A)). Ugandan Asian parole (1972): The Ugandan government ordered Ugandan Asians to leave the country in 1972, and Attorney General Mitchell responded by initially ordering the INS to parole 1,000 Ugandan Asians. It ended up paroling almost 1,200 into the United States in FY 1973 (INS 1973). Another roughly 1,300 came thereafter. Adjustment of Status: On October 5, 1978, P.L. 95–412 authorized adjustment of status for "any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before September 30, 1980."
Asylum parole (1972—1980): Following the United States acceding to the Protocol to the U.N. Convention on the Status of Refugees in 1968, the INS had no uniform process or status providing to asylum recipients because Congress had not created a specific status for them, but some were granted "individual parole." The April 10, 1979 regulations specifically provided for immigration judges to "grant asylum by parole under section 212(d)(5) of the Immigration and Nationality Act." Adjustment of Status: The Refugee Act of 1980 (P.L. 96–212, March 17, 1980) provided the opportunity for those granted asylum to adjust their status to receive legal permanent residence.
Cuban third country parole (1973—1978): On October 26, 1973, the INS created a parole program for Cubans outside of Cuba who had family in the United States (INS 1975). A total of 11,577 were paroled in FY 1974, 6,940 in FY 1975, 2,341 in FY 1976, 413 in FY 1977, and 580 in FY 1978. Adjustment of status: The Cuban Adjustment Act of 1966 made it possible for Cuban parolees entering after 1959, including future parolees, to adjust their status to legal permanent residence after two years in the United States.
South American/Chilean parole (1975—1979): On June 12, 1975, the INS permitted 400 detained Chilean dissidents (and their families) to be paroled into the United States. A total of 1,600 people were ultimately paroled from 1975 to 1977. On October 27, 1976, the INS again authorized parole of 200 households, representing 800 people in FY 1977, and included some Uruguayans and Bolivians. On June 14, 1978, the parole of 500 households was authorized, and 2,000 people were admitted, including some Brazilians and Argentinians. More would have come if the government of Argentina had allowed more of them to leave. Adjustment of Status: On October 5, 1978, Public Law 95–412 authorized adjustment of status for "any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before September 30, 1980."
Vietnamese, Cambodian, and Laotian parole (1975—1980): In late March 1975, a parole program was authorized for Vietnamese orphans, and the first 2,279 Vietnamese orphans were flown out on April 2, 1975 (INS 1975), and on April 18, 1975, the president authorized a large‐scale evacuation to Guam using parole. In FY 1975 alone, about 135,000 received parole. Congress funded (partially retroactively) the processing under the Indochina Migration and Refugee Assistance Act (Public Law 94–23, May 23, 1975). In August 1975, the program was expanded to Cambodians and Vietnamese with special connections to the United States, and on May 6, 1977, 11,000 more were authorized from Vietnam, Cambodia, or Laos. The three countries were grouped together in expansive programs starting August 11, 1977, January 25, 1978, June 14, 1978, December 5, 1978, April 13, 1979, October 16, 1979, and December 15, 1979. From 1975 to the middle of 1980—when the Refugee Act was enacted and replaced the parole programs—more than 330,000 Vietnamese, Cambodians, and Laotians were paroled into the United States. These refugees were all assessed on a case‐by‐case basis. Adjustment of status: In 1977, Congress passed Public Law 95–145 (October 1977) that authorized adjustment of status to anyone from Vietnam, Laos, or Cambodia who was paroled as a refugee before March 31, 1979—that is, about two years in the future. On October 5, 1978, Public Law 95–412 extended the date to September 30, 1980 and allowed any refugee to adjust from any country. Soviet and Eastern European parole (1977—1980): On January 13, 1977, the attorney general created a Special Parole Program for 4,000 Soviet Jewish refugees (INS 1977). In December 1978, another program was initiated for 5,000 Soviet Jews and Romanians (INS 1978). On June 14, 1978, the INS launched another parole program for Eastern European refugees, with 3,260 processed in FY 1978 and 8,740 processed in FY 1979 (INS 1978). On April 12, 1979, 25,000 additional entries were authorized and occurred under parole in 1979. On October 16 and December 15, 1979, 3,000 additional entries were authorized per month until the enactment of the Refugee Act in March 1980. Adjustment of Status: On October 5, 1978, Public Law 95–412 authorized adjustment of status for "any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before September 30, 1980."
Lebanese parole (1978): On December 6, 1978, the attorney general announced the creation of a new parole program for 1,000 victims of civil strife in Lebanon, and by 1980, 349 had been used, and 107 were pending. Adjustment of Status: On October 5, 1978, Public Law 95–412 authorized adjustment of status for "any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before September 30, 1980."
Cuban prisoner parole (1978, 1985): On December 6, 1978, following an invitation by the Castro regime to take them, the attorney general announced the creation of a new parole program for 3,500 political prisoners who were then imprisoned or released since August 1978 plus their family. Ultimately, 12,000 Cubans were paroled in FY 1979. On December 14, 1984, Cuba and the United States signed an agreement under which the United States would take 3,000 Cuban political prisoners through parole and the refugee program. In fiscal year 1988, the State Department and INS approved 2,040 prisoners for entry to the United States, and 928 entered the United States. Adjustment of status: The Cuban Adjustment Act of 1966 made it possible for Cuban parolees entering after 1959, including future parolees, to adjust their status to legal permanent residence after two years in the United States.
Iranian parole (1979—1982): On April 16, 1979, following the Islamic revolution in Iran, the INS granted "extended voluntary departure" to Iranians in the United States and began paroling others into the country. Precise parole figures were not kept, but "a large number" ("thousands") were paroled. Part of this parole effort was a program under which—as the State Department put it—"not too many questions were asked" about B‑2 visa applicants from Iran, and those clearly not qualified were often paroled anyway. In 1983, Iranians were included under the Refugee Act cap for the first time, which—the administration said—replaced "the practice of the past several years of admitting them through the Attorney General's parole authority." Adjustment of Status: On October 5, 1978, authorized adjustment of status for "any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before September 30, 1980."
Cuban/Haitian entrant parole (1980): In April 1980, thousands of Cubans began arriving in Florida from Mariel, Cuba, by boat. Initially, these Cubans were granted parole for 60 days and allowed to seek asylum under the procedures of the newly‐passed Refugee Act of 1980 (P.L. 96–212, March 1980). As the crisis escalated, INS declared on June 20, 1980 that it would extend 6‑month parole documents to Cubans and Haitians who had already arrived. On October 21, 1980, these 6‑month paroles were then authorized to be extended again to those who arrived before October 10, 1980. More than 125,000 Cubans and 25,000 Haitians were paroled. Congress passed a statute that recognized the existence of the Cuban and Haitian "entrant status" parole in 1981. Congress specifically authorized benefits for both past and future Cuban and Haitian parolees in The Refugee Education Assistance Act of 1980 (P.L. 96–422, October 10, 1980). On December 28, 1987, INS finalized a special regulation on the parole of Mariel boatlift Cubans detained since the boatlift ended, which resulted in about 7,000 additional paroles (or re‐paroles). Adjustment of Status: The Immigration Reform and Control Act of 1980 (P.L. 99–603, November 6, 1986) allowed any Cuban or Haitian who entered before 1982 and either received Cuban/Haitian entrant status or had a "record created" with the INS.
Parole from detention (1982—present): In 1981, the INS reversed its prior practice of not detaining people unless they were deemed a flight risk or a danger to the community. A court enjoined the policy, and the INS issued an interim regulation on July 9, 1982 that detailed the grounds under which it would issue parole from detention. On October 19, 1982, it finalized the regulation. This included the following categories of people eligible for parole from detention: people needing medical care, pregnant women, young children and teenagers whose processing will take longer than 30 days and who cannot be held with an accompanying adult; people with U.S. family eligible to petition for an immigrant visa for them; witnesses going to testify; people subject to prosecution; any other person whose "continued detention is not in the public interest." On March 6, 1997, INS reiterated its categories for those eligible for parole under the language of the new parole statute. On December 21, 2000, the INS revised its procedures for the parole of people ordered removed who could not be removed. Khmer border parole (1986): In May 1986, the attorney general created a parole program for Cambodians who fled the Khmer government to Thailand, had approved immigrant petitions filed by U.S. citizen family in the United States, and had no visa available to them because of the caps. A total of 53 approvals were made in 1986, and only 418 were made as of March 1988. In 1991, 1,123 received parole. This program ended in FY 1992. About 3,500 total paroles were issued. Adjustment of Status: The Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1989 (P.L. 101–167, November 21, 1989) allowed any Cambodian paroled into the United States between 1988 and September 30, 1990 (about ten months in the future) to adjust to legal permanent residence after one year if they had been denied refugee status.
Parole for U.S. expats (1987): On December 12, 1987, the United States announced that it would parole former‑U.S. citizens who renounced their U.S. citizenship and then were ordered deported by their new state of nationality. Soviet/Moscow Refugee Parole (1988—present): In August 1988, the attorney general overturned the presumption that Soviet Jews qualified as refugees. On December 8, 1988, he created a "public interest" parole program for 2,000 Soviets per month who were denied refugee status. Parolees needed to have sponsors in the United States and were not eligible for refugee benefits. A total of 7,652 were paroled in FY 1989. Congress reinstated the presumption of refugee status for Jews and Evangelical Christians from the Soviet Union in 1989 (P.L. 101–167, November 21, 1989). Parole continued after this change in part because Jews had a plausible offer of alternative resettlement in Israel and continued after the Soviet Union dissolved under the label of the Moscow Refugee Parole Program. About 17,000 Soviets were paroled from 1992 to 1998 (INS 1996, 1998). On August 6, 2007, responsibility for the Moscow Refugee Parole Program was transferred to USCIS. In July 2011, it was canceled. Adjustment of Status: The Foreign Operations Appropriations Act of 1989 (P.L. 101–167, November 21, 1989) allowed any Soviet paroled into the United States between 1988 and September 30, 1990 (about ten months in the future) to adjust to legal permanent residence after one year if they had been denied refugee status. In 1992, Estonia, Latvia, and Lithuania were added explicitly. This provision was then repeatedly reauthorized.
Orderly Departure Vietnam parole (1989—1999): In February 1989, the attorney general created a parole program to supplement the Orderly Departure refugee program from Vietnam, which was offered only to those denied refugee status. About 770 entered in 1989. Parole was also used for Vietnamese with immigrant visa petitions approved but who could not immigrate due to the caps. Some Laotians and Cambodians also were paroled. This program was created after the attorney general overturned the presumption that Vietnamese (and others) in refugee camps qualified as refugees under the Refugee Act of 1980. Parolees had to prepay their travel expenses. The program was closed at the end of fiscal year 1999 after about 32,000 paroles. Adjustment of Status: The Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1990 (P.L. 101–167, November 21, 1989) allowed any Vietnamese paroled into the United States between 1988 and September 30, 1990 (about ten months in the future) to adjust to legal permanent residence after one year if they had been denied refugee status. On November 6, 2000, Congress enacted the Foreign Operations Appropriations Act of 2001 (Public Law 106–429), which authorized adjustment of status for citizens or natives of Vietnam, Cambodia, or Laos paroled before October 1, 1997, even if they had not been denied refugee status.
Hungarian and Polish parole (1989): In the middle of 1989, Hungary and Poland's communist governments fell, meaning that refugees from those countries no longer feared persecution on political grounds. On November 21, 1989, the INS began denying them refugee status and paroled some 832 people who were already in the process, had been interviewed, and had family in the United States. Adjustment of Status: Section 646 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208, September 30, 1996) granted legal permanent residence to these parolees.
Undated 1990s parole categories: In 1990, the INS described the following grounds for parole at the time without giving a date for when they started being used: Spouses of U.S. military members who cannot qualify for visas because of the caps; Aged‐out children of immigrant visa applicants who had waited for years for a visa; Children of immigrant visa recipients who failed to immigrate soon after visa receipt and for whom a visa number is not immediately available; Someone who was trying to legalize their status by getting an immigrant visa, but the State Department erred in scheduling an appointment because there were no visa numbers available for them and is attempting to return to their U.S. residence. Adopted children of U.S. citizens who do not qualify as orphans; and Unaccompanied children in refugee camps with family in the United States.
Chinese parole (1990): On April 11, 1990, the president ordered the attorney general to defer the removal of unauthorized Chinese until January 1, 1994. The INS determined that parole for detained Chinese should be considered in the public interest. Adjustment of Status: Congress enacted the Chinese Student Protection Act of 1992 (Public Law 102–404, October 9, 1992) that provided permanent residence to Chinese who were covered by the president's order and in the United States on April 11, 1990, if they were inspected and admitted or paroled.
Parole of asylum seekers (1990—present): Paroling asylum seekers is a subset of parole under the 1982 regulations, the final category of which (public interest) was amenable to several interpretations. On May 1, 1990, INS launched a "pilot parole program" for detained asylum seekers with a limit of 200. The pilot was expanded and made permanent everywhere on April 20, 1992. From 1993 to 1996, there were about 3,800 to 4,500 asylum paroles. On October 7, 1998, the INS made having established a "credible fear" of persecution a presumptive category of eligibility for parole. On November 6, 2007, DHS eliminated this presumption. On December 8, 2009, DHS reinstated the presumption to parole those establishing a credible fear of persecution. Despite a memorandum from the DHS secretary in 2017 that stated parole should be used "sparingly," the 2009 directive remained in force, though widely flouted during the Trump administration years. On March 29, 2022, DHS lowered the standard to parole someone who had not yet established credible fear. Haitian Guantanamo parole (1991): A 1991 coup led to refugee flows by sea from Haiti to the United States. The U.S. government intercepted the boats and relocated Haitians to Guantanamo Bay, Cuba, for processing. In September 1991, the INS announced a new parole program for Haitians at Guantanamo Bay who demonstrated a "credible fear" of persecution. The program continued until May 1992 when it was suspended. A small number of Haitians continued to be paroled thereafter, but they faced a strong presumption that they should be returned to Haiti. They received one‐year parole authorizations. About 13,000 Haitians received parole from 1992 to 1996 (INS 1996, 1998; INS Parole Report 1999). Adjustment of Status: The Haitian Refugee Immigration Fairness Act (P.L. 105–277, October 21, 1998) provided for the adjustment of status to legal permanent residence for any Haitian in the United States as of December 31, 1995 who applied for asylum or was paroled into the United States after a finding of credible fear.
ABC Settlement Parole (1991): On January 31, 1991, the INS settled a lawsuit that challenged its asylum adjudication policies for certain Salvadorans and Guatemalans. As part of the agreement, certain Salvadorans and Guatemalans were permitted to reapply for asylum. Among these were 20,000 who were paroled into the United States to reapply in fiscal years 1993 and 1994. Adjustment of Status: Section 203 of the Nicaraguan Adjustment and Central American Relief Act (P.L. 105–100, November 2019) permitted these Guatemalans and Hondurans subject to the settlement agreement to apply for suspension of deportation (which provides legal permanent residence) under the lower pre‐1996 standards.
Adoptee parole (1994): On November 25, 1994, the INS created a new parole program for children adopted by U.S. citizens who did not fall into the "orphan" category required to receive an immigrant visa. Adjustment of Status: Congress passed Public Law 104–51 (November 15, 1995) to amend the definition of "child" to create green card eligibility for these children and other adoptees moving forward.
Cuban Migration Accord paroles (1994—present): On September 9, 1994, the United States and Cuba signed an agreement to pursue policies designed to reduce illegal immigration, including the United States maintaining a minimum level of 20,000 legal admissions of Cubans per year. The U.S. Coast Guard interdicted Cubans and moved them to Guantanamo Bay, Cuba. On October 14, 1994, the White House announced that the INS would parole unaccompanied children, people over age 70, and chronically ill people at Guantanamo Bay. On December 2, 1994, it announced it would consider paroling family units if children would be adversely affected by staying in Guantanamo Bay on a case‐by‐case basis. On May 2, 1995, the United States agreed to accept all 18,500 Cubans currently detained at Guantanamo Bay detention facility through parole, but end the practice of taking Cubans there and simply return them to Cuba. In order to meet the 20,000 immigration quota, the United States created the Special Cuban Migration Program to grant parole to about 5,000 Cubans per year through a lottery (which was restricted to those who met at least two of the following criteria: 1) having any relatives living in the United States, 2) 3 years of work experience, and 3) a high school or college degree). In 1995, 1,898 were granted parole through the lottery out of 189,000 applicants. On March 15, 1996, the second parole lottery registration was opened. There were 433,000 applicants. On June 15, 1998, the final registration period was opened for the lottery, and 541,00 applied by July 15, 1998. Those qualifying under the 1998 registration continued to be paroled thereafter. Since 1998, the Cuban government has refused to allow another registration to occur in the country. Around 75,000 Cubans were paroled under these programs from 1994 to 2003 (the last year that statistics were available). Adjustment of Status: All Cubans paroled after 1959 are eligible to adjust to legal permanent residence after one year in the United States under the Cuban Adjustment Act of 1966.
Cuban Wet Foot, Dry Foot parole (1995—2017): On May 2, 1995, the U.S. government announced that it would not parole any Cubans intercepted at sea, even if in U.S. waters, but it would parole anyone on U.S. soil or arriving at a port of entry. The Customs and Border Protection field manual provided that Cuban asylum seekers "may be paroled directly from the port of entry" except for those who "pose a criminal or terrorist threat." Subsequently, the number of Cubans paroled at ports of entry (mainly along the southwest border) increased significantly. From 2004 to 2016, 226,000 Cubans were paroled at U.S. land borders. On January 12, 2017, DHS canceled the wet foot, dry foot parole process. Adjustment of Status: All Cubans paroled after 1959 are eligible to adjust to legal permanent residence after one year in the United States under the Cuban Adjustment Act of 1966.
Iraqi parole (1996): On September 17, 1996, the United States began airlifting some Iraqi Kurds to Guam, where they were granted parole. A total of 6,550 Iraqi Kurds who worked with the United States and 650 opposition activists were granted parole starting in September 1996. Adjustment of Status: The FY 1999 Omnibus Appropriations Act (Public Law 105–277, October 21, 1998) waived the cap on green cards for those adjusting after receiving asylum for Iraqis evacuated via parole but did not create a special green card category.
Cuban Medical Professional Parole (CMPP) Program (2006—2017): On August 11, 2006, the Department of Homeland Security (DHS) created a new parole program for Cuban doctors in third countries conscripted by the government of Cuba. In fiscal year 2007, 480 of 28,000 Cuban physicians applied for parole. As of December 2010, 1,574 physicians were paroled. On January 12, 2017, DHS canceled the program except for dependents of the physicians already in the program. Adjustment of Status: All Cubans paroled after 1959 are eligible to adjust to legal permanent residence after one year in the United States under the Cuban Adjustment Act of 1966.
Parole in Place for family of U.S. veterans (2007—present): On June 21, 2007, DHS announced that it would grant parole to a spouse of a U.S. active duty soldier, enabling the spouse to adjust to a green card. This policy continued for the next six years. On November 15, 2013, DHS issued a memorandum that provided clearer guidance on this program and expanded it to include veterans of the armed forces. On November 23, 2016, DHS expanded the program to cover family of deceased veterans and adult or married children of veterans. The National Defense Authorization Act of 2020 (P.L. 116–92) expressed congressional support for an ongoing parole program for relatives of U.S. military members. Adjustment of Status: Spouses of U.S. citizens have an uncapped opportunity to apply for a green card, but parole enables them to apply for a green card by allowing them to meet the requirement that they were "admitted or paroled" prior to applying.
Cuban Family Reunification Parole (2007—2017, 2021—present): On November 21, 2007, the DHS created a new parole program for any Cuban with an approved family‐based petition for legal permanent residence. In December 2017, USCIS shut down its field office in Cuba and suspended the program. In 2014, DHS started requiring a fee for the parole program. On May 16, 2022, DHS announced that it would resume processing Cuban Family Reunification Parole cases. Adjustment of Status: All Cubans paroled after 1959 are eligible to adjust to legal permanent residence after one year in the United States under the Cuban Adjustment Act of 1966.
Haitian Orphan Parole Program (2010): Following a 2010 Earthquake, on January 18, 2010, DHS announced that it would parole Haitian orphans in the process of being adopted by U.S. citizens. It accepted applications through April 2010. Adjustment of Status: Help Haitian Adoptees Immediately to Integrate Act of 2010 (Help HAITI Act, Public Law 111–293, December 2010) authorized DHS to adjust the status of adoptees to legal permanent residence even if the formal adoption process was not complete in Haiti as a result of the Earthquake.
Haitian Earthquake paroles (2010—2016): Following a 2010 Earthquake, on January 13, 2010, ICE suspended deportations to Haiti, and ICE began to generally parole detained Haitians. CBP at ports of entry along the U.S.-Mexico border likewise began to parole Haitians rather than detain them for transfer to ICE. On January 25, 2010, DHS authorized an automatic extension of advance parole documents through March 12, 2010 for Haitians who had traveled outside the United States prior to the Earthquake after receiving advance parole. From 2010 to 2016, about 16,000 Haitians were paroled after being deemed inadmissible at ports of entry. Central American Minors (CAM) parole (2014—2017, 2021—present): On November 14, 2014, DHS and the State Department announced a combination refugee and parole program for Salvadoran, Guatemalan, and Honduran children with U.S. family sponsors in legal status in the United States (and the minor children of the child and in‐country parent of the child if married to the sponsoring U.S. parent). On July 26, 2016, DHS expanded the program to include other relatives, including siblings and any in‐country biological parent of the child. On August 16, 2017, DHS announced it would be canceling the parole program. On March 10, 2021, DHS and the State Department announced it would be restarting the program for those who previously applied before the termination in 2017. On June 15, 2021, they announced the program would reopen to new applicants, including children whose parents were in the United States with pending asylum applications. The parole is indefinite. On April 11, 2023, it expanded the program to allow sponsorship by parents of children who have pending T visa applications. As of December 2016, there were 10,758 applicants for the CAM program. Of these applicants, 873 had received refugee status, and 2,086 had received parole. In 2017, another 2,700 were permitted to enter. Haitian Family Reunification Parole (2014—present): On December 18, 2014, DHS created a new parole program for any Haitian with an approved family‐based immigrant visa petition if they have a priority date within two years of being current. On August 2, 2019, DHS announced it would terminate the program but would extend the parole of current participants. On October 12, 2021, it reversed its decision and continued the program. Filipino World War II Veterans Parole (FWVP) program (2016—present): On May 9, 2016, DHS created a new parole program for Filipino World War II veterans who have approved family‐based immigrant visa petitions. On August 2, 2019, DHS announced its plans to terminate the program but would extend the parole of current participants. On December 28, 2020, it proposed a regulation to finalize this change. On October 12, 2021, it reversed its earlier decision and continued the program. International Entrepreneur Parole (2017): On January 17, 2017, DHS created a parole program for certain entrepreneurs. On July 11, 2017, DHS published a rule delaying the effective date of the program. In December 2017, the rule delaying the rule was vacated by a court and was forced to implement the rule. From 2017 to 2019, 30 people applied, and only one approval was granted. Parole + Alternatives to Detention program (2021): On July 31, 2021, Border Patrol created a policy of paroling detained immigrants at the border when ICE cannot accept custody of the person, there isn't a risk to national security or public safety, processing capacity exceeds 75%, and arrivals exceed discharges, the average processing time exceeds two days, and arrivals will likely exceed discharges the following day. On November 2, 2021, the Border Patrol chief formalized this policy with respect to family units. On July 18, 2022, Customs and Border Protection expanded this policy to cover both families and single adults. On March 8, 2023, the policy was blocked by a federal district court judge after about 700,000 paroles. Afghan evacuation parole (2021): After the Taliban seized control of Afghanistan on August 15, 2021, the U.S. military began to fly thousands of Afghans to U.S. military bases in the region. On August 23, 2021, DHS launched a new parole operation under Operation Allies Welcome (OAW). In the next few weeks, it paroled more than 75,898 Afghans into the United States. After the initial evacuation, DHS received 50,000 parole requests from Afghans, adjudicated about 9,500, and denied all but about 500. In September 2022, DHS stated that Afghans abroad would generally no longer be considered for parole at all. On June 8, 2023, DHS announced it would extend the parole of Afghan parolees in the United States. The Extending Government Funding and Delivering Emergency Assistance Act of 2021 (P.L. 117–43, May 2022) provided refugee benefits to Afghan parolees, explicitly appropriating money for those benefits, and directing the creation of a plan to process pending Afghan parole applications between July 31, 2021, and September 30, 2022 or paroled into the United States after September 30, 2022 if a spouse or child of an Afghan parolee or parent or legal guardian of an unaccompanied Afghan child. Uniting for Ukraine (2022): After the Russian invasion of Ukraine, DHS decided to parole Ukrainians arriving at the U.S.-Mexico border ports of entry, formally announcing the policy on March 11, 2022, and about 23,000 were paroled with 1‑year admissions. On April 27, 2022, DHS created a new parole program for Ukrainians with U.S. sponsors. As of May 2022, DHS had paroled about 125,000 Ukrainians under the Uniting for Ukraine sponsorship program with 2‑year admissions. The Additional Ukraine Supplemental Appropriations Act of 2022 (P.L. 117–128, May 2022) provided refugee benefits to Ukrainians paroled between February 24, 2022 and September 30, 2023 or paroled into the United States after September 30, 2022 if a spouse or child of a Ukrainian parolee or parent or legal guardian of an unaccompanied Ukrainian child. On March 13, 2022, DHS extended the parole of the 23,000 paroled at ports of entry. Adjustment of Status: A Ukrainian Adjustment Act (H.R.3911) was introduced in 2023.
Cuban, Haitian, Nicaraguan, and Venezuelan parole sponsorship processes (2022—2023): On October 19, 2022, DHS created a parole program for Venezuelans with U.S. sponsors modeled on Uniting for Ukraine with a cap of 24,000. On January 9, 2023, DHS replaced this cap with a combined 30,000 per month cap for Venezuela, Haiti, Cuba, and Nicaragua (each of which received its own parole sponsorship programs the same day). 1.5 million applicants had applied by May 2023, and about 131,000 had been admitted. Adjustment of Status: All Cubans paroled after 1959 are eligible to adjust to legal permanent residence after one year in the United States under the Cuban Adjustment Act of 1966. A Venezuelan Adjustment Act (H.R. 7854) was introduced in 2022.
Family Reunification Parole Processes (2023): On July 10, 2023, DHS created family reunification parole programs for Colombians, Salvadorans, Guatemalans, and Hondurans who have approved immigrant visa petitions. Parole applicants had to be invited by the U.S. government. This announcement followed up on the May 2023 announcement that the United States wanted to accept as many as 100,000 individuals from El Salvador, Guatemala, and Honduras through the family reunification pathway. As of May 2023, there were 73,500 eligible for the program, but many more were waiting for their immigrant visas to be approved.
Die Nachfrage nach Holz wird im Zeitraum der nächsten 15 Jahre bis 2030 sowohl in der EU als auch global zunehmen. Bedarfsabschätzungen zeigen Nachfrageüberhänge in der EU von jährlich 300 Mio. m³, eine Prognose spricht sogar von Holzfehlmengen von 430 Mio. m³. Der Anstieg der Weltbevölkerung bei wachsender Wirtschaft wird den Holzbedarf erhöhen, auch wenn derzeit weltweit in etwa ein Gleichgewicht zwischen Angebot und Nachfrage besteht. Die Nachfrage nach Holz unterliegt vielen Treibern. Die Langfrist-Prognosen bis zum Jahre 2030 sagen vor allem bei der energetischen Holznutzung eine permanente, über den Verbrauch von Holz zur stofflichen Nutzung liegende, hohe Nachfragesteigerung voraus. Der Trend der Bioökonomie mit der sukzessiven Reduktion des Anteils der fossilen Energieträger beim Primärenergieverbrauch zur Reduktion der Emissionen von Treibhausgasen wurde durch das Paris-Abkommen, das 2015 durch die internationale Gemeinschaft mit dem Ziel des Klimaschutzes verabschiedet wurde, noch verstärkt. Auch die Tendenz zur dezentralen Energieversorgung vor allem in den Kommunen, die besonders die Nachfrage nach Energieholz und schwachen Sortimenten wachsen lässt, das Bestreben zur Verringerung von nationalen Abhängigkeiten zu Russland als Lieferant bei Erdgas und Erdöl haben auf eine steigende zukünftige Nachfrage ebenso einen bedeutenden Einfluss wie die Substitution des Rohstoffes Erdöl durch Holz bei der Herstellung von Chemikalien und Treibstoffen. In den Wäldern der Mitgliedstaaten sind nach Einschätzung der EU größere stehende Holzvorräte vorhanden, die mobilisiert werden müssten, um das Ziel der EU, 20 % der Primärenergie aus erneuerbaren Energien bis zum Jahre 2020, zu erreichen. Die Produktion und die Nutzung von Holz im Rahmen einer nachhaltigen Forstwirtschaft hat über den gesamten Lebenszyklus eine ausgeglichene CO2 Bilanz. Durch die erhöhte Nutzung von Holz im Energiemix vermindert sich die CO2 Belastung der Atmosphäre. Wald-Inventuren, wie z.B. die in Deutschland vorliegenden Ergebnisse der 3. Bundeswaldinventur, bestätigen die Einschätzung der EU über die bestehenden Ressourcen. Die Verwendbarkeit dieser Ressourcen wird allerdings in zunehmendem Maße durch die Herausnahme von Wäldern aus der Produktion aus ökologischen oder sozioökonomischen Gründen beeinträchtigt. Unternehmer, deren Geschäftsmodell die Produktion von Holz auf landwirtschaftlichen Flächen ist, evaluieren mögliche Standorte zur Produktion von Holz im Kurzumtrieb nach der politisch-rechtlichen Sicherheit, nach der Verfügbarkeit von Ressourcen und den Faktorpreisen. Günstige Voraussetzungen für die Anlage von Baumplantagen für die Produktion von Holz bestehen im Baltikum. In den drei Staaten sind die wesentlichen Parameter für den Holzanbau in Plantagen auf landwirtschaftlichen Flächen gegeben: Gesichertes Rechtssystem mit dem Schutz des Eigentums, barrierefreier Zugang zu den Märkten innerhalb der EU, keine Währungsrisiken, günstige klimatischen Bedingungen mit ausreichend Niederschlag und freie Ressourcen bei Arbeit und Boden. Die EU-rechtliche Klassifizierung einer KUP als landwirtschaftliche Tätigkeit auf landwirtschaftlicher Fläche und als landwirtschaftliche Dauerkultur eröffnet die grundsätzliche Möglichkeit der Teilnahme der Kurzumtriebswirtschaft an den EU-Förderprogrammen der Direktförderung, der 1. Säule, und der Förderung der Entwicklung des ländlichen Raumes, der 2. Säule. KUP ist in das Ziele-Cluster Europa 2020/GAP 2020 der EU einbezogen. Für die KUP-Bauern sind auf nationaler Ebene die in das jeweilige Recht der baltischen Staaten transformierten EU Bestimmungen und die jeweils dazu gehörende Verwaltungsauffassung maßgebend. Der Umweltleistung der Dauerkultur "Niederwald im Kurzumtrieb" wurde in den rechtlichen Bestimmungen der EU grundsätzlich Rechnung getragen. KUP sind von der Greening-Verpflichtung befreit. Es überrascht allerdings, dass KUP als "gleichwertige Methode zur Flächennutzung im Umweltinteresse" bei der Anrechnung auf eine ökologischen Vorrangfläche nur mit Faktor 0,3, hingegen die Agroforstsysteme mit Faktor 1,0 Berücksichtigung fanden. Der KUP-Landwirt kann nur, wenn er Abweichungen beim Verwaltungshandeln zu den übergeordneten nationalen Gesetzen oder EU-Regeln zu seinem Nachteil erkennt, sein Recht im Widerspruchsverfahren suchen. Sowohl bei der Direktförderung wie auch bei der Strukturförderung wurden in allen drei baltischen Staaten Verwaltungsauffassungen identifiziert, die KUP im Vergleich zur Förderung der herkömmlichen Landwirtschaft mit annuellen Feldfrüchten benachteiligen oder weitgehend von der Förderung ausschließen. Im Bereich der Direktförderung gilt dies im besonderen Maße bei meliorierten Flächen. Die Detailanalyse zeigt, dass die Etablierung von KUP auf solchen Böden entweder, wie in Lettland, zur Versagung der Direktförderung führt, oder, wie in Estland und Litauen mit Auflagen verbunden ist, die die Bereitschaft der Landwirte für die Anlage einer KUP stark hemmen. Bedeutend ist dies vor dem Hintergrund, dass in Estland rund 54 %., in Lettland rund 62 % und in Litauen rund 78 % der landwirtschaftlich nutzbaren Flächen mit Drainagen versehen sind. Im Bereich der Förderung nach der 2. Säule, insbesondere die Gewährung von Zuschüssen bei Auf- und Ausbau der Hofstelle sowie beim Ankauf von Maschinen und anderen Ausrüstungen, ist der KUP-Landwirt von der Förderung ausgeschlossen. Die Festlegung der Rotationszeiten verursacht ein weiteres Hemmnis. Die Produktion von Holz in KUP wird dadurch in den baltischen Staaten in Richtung bestimmter Holzsortimente, nämlich hauptsächlich Energieholz und schwache Sortimente, gelenkt. Die Bestimmungen legen in der Regel fünf Jahre als Umtriebszeit fest. Versuche, diese restriktiven Vorgaben aufzuweichen, waren bisher erfolglos. Zusätzliche Lenkungsimpulse in Richtung bestimmter anderer, stärkerer Holzsortimente gehen auch durch die Förderung der Aufforstung im Rahmen der Strukturförderung aus. Auf den baltischen Faktormärkten stehen für die Holzproduktion auf landwirtschaftlichen Flächen im Kurzumtrieb Boden und Arbeitskräfte zu günstigen Preisen in ausreichendem Umfang zur Verfügung. Restriktionen beim Bodenerwerb in den ab dem Jahre 2014 geltenden nationalstaatlichen Bodenverkehrsrechtssystemen können für die Neu-Etablierung eines KUP-Betriebes hinderlich sein. Zu den realen Holzerträgen liegen für die baltischen Staaten noch keine Ernteergebnisse aus KUP auf größeren Flächen vor. Abschätzungen der Erntemengen waren deshalb anhand von Vergleichszahlen für KUP in klimatisch ähnlichen Regionen, anhand von Wuchsleistungen gängiger Klone und unter Einbeziehungen von Messungen auf Versuchsplantagen in Estland, Lettland und Litauen vorzunehmen. Die so taxierten realen Holzerträge liegen bei einem Durchschnitt von 10,00 tatro ha-1 a-1. Das Niveau der Marktpreise für das im Kurzumtrieb produzierte Hauptsortiment Hackschnitzel deutet auf einen aufnahmebereiten Markt mit für die Wirtschaftlichkeit der Produktion ausreichenden Preisen hin. Vergleiche mit längeren Zeitreihen, bei denen aktuelle Preisschwankungen geglättet sind, für Estland zwischen 2003 bis 2013, für Lettland zwischen 2009 bis 2014 und für Litauen zwischen 2008 bis 2014, bestätigen diese Aussage. Durch die Ermittlung der Annuitäten wird die Wirtschaftlichkeit einer KUP am Beispiel eines Betriebes in Lettland untersucht. Auf der Aufwandsseite konnten tatsächliche Kosten-Größen für eine Fläche von 100 ha in die Berechnungen einbezogen werden. Damit steht für eine Wirtschaftlichkeitsberechnung eine Datenbasis zu den Kosten zur Verfügung, die nicht ausschließlich für kleine Versuchsflächen in Estland, Lettland und Litauen erhoben wurde. Auf der Marktseite kann auf aktuelle Marktpreise für Hackschnitzel, bestätigt durch langfristige Zeitreihen, zurückgegriffen werden. In dieser, mit realen Zahlen fundierten Berechnung sind die Zahlungsströme dargestellt. Nicht in diese Kalkulation wurden wegen der Unsicherheit eines positiven Bescheides durch den LAD die Fördergelder einbezogen. Die Berechnungen zeigen positive Annuitäten, dem Indikator für den profitablen Betrieb einer KUP. Eine Sensitivitätsanalyse mit Veränderungen aller Kosten- und Ertragsfaktoren um jeweils 10 % bestätigt die Ertragsstabilität. Schließlich wird durch den Vergleich des Ergebnisses der Annuitätenberechnung mit einem landwirtschaftlichen Betrieb, der als Hauptkultur Weizen produziert, aufgezeigt, dass die Produktion von Holz auf landwirtschaftlichen Flächen mittels KUP die wirtschaftlich sinnvollere Alternative ist. Als agrarpolitischer Ausblick für die EU lässt sich aus der Gesamtanalyse resümieren, dass eine "Arbeitsteilung", Feldfrüchte in den Mitgliedsländern zu erzeugen, in denen die Produktionsbedingungen aufgrund von klimatischen Aspekten und Standortparametern optimal sind, nicht gefördert, sondern eher gebremst wird. Wenn die Betriebsergebnisse aus der Produktion von Holz in KUP weiter zunehmen, wird der Markt durch die Aussicht auf höhere monetäre Erträge die Strukturanpassung, auch gegen die restriktive nationale Auslegung der EU-Förderrichtlinien in Estland, Lettland und Litauen bewirken.:Danksagung I Inhaltsverzeichnis III Abbildungsverzeichnis VII Tabellenverzeichnis VIII Abkürzungsverzeichnis XII 1 Einleitung 1 1.1 Diskrepanz bei der Abschätzung der zukünftigen Holznachfrage und der tatsächlichen Entwicklung 1 1.2 Tendenzen bei der Nachfrage und dem Angebot von Holz in der Europäischen Union 4 1.3 Positive Voraussetzungen für die Produktion von Holz in Estland, Lettland und Litauen 7 2 Zielstellung der Arbeit 11 3 Vorgehensweise 14 4 Stand des Wissens 17 4.1 Europarechtliche Bestimmungen für die Holzproduktion auf landwirtschaftlichen Flächen 17 4.1.1 Begriffsabgrenzungen 18 4.1.1.1 Abgrenzungen des Begriffs der Kurzumtriebsplantage von Wald 18 4.1.1.2 Waldbegriff der Europäischen Union 19 4.1.2 Kurzumtriebswirtschaft als landwirtschaftliche Tätigkeit 19 4.1.2.1 Erlaubte Baumarten für den Kurzumtrieb in der Europäischen Union 20 4.1.2.2 Agroforstsysteme im Vergleich zu Kurzumtriebsplantagen in der Terminologie der Europäischen Union 20 4.1.3 Gemeinsame Agrarpolitik 2020 21 4.1.3.1 Organe der Gemeinsamen Agrarpolitik auf Ebene der Europäischen Union und der Verwaltungsunterbau in den Mitgliedstaaten 21 4.1.3.2 Ziele der Gemeinsamen Agrarpolitik 2020 im Rahmen des Zielsystems Europa 2020 24 4.1.3.3 Instrumentarien der Gemeinsamen Agrarpolitik 2020 26 4.1.3.4 Finanzmittel zur Agrarstrukturförderung im Rahmen der Gemeinsamen Agrarpolitik 2020 36 4.2 Kurzumtriebsplantagen auf landwirtschaftlichen Flächen in Estland, Lettland und Litauen 37 4.2.1 Derzeitiger Bestand und Betrieb von Kurzumtriebsplantagen in Estland, Lettland und Litauen 37 4.2.2 Entwicklung der Plantagenflächen zur Produktion von Holz im Kurzumtrieb in Estland, Lettland und Litauen bis 2014 40 4.2.2.1 Estland 40 4.2.2.2 Lettland 41 4.2.2.3 Litauen 41 5 Analyse der rechtlichen Rahmenbedingungen in Estland, Lettland und Litauen zur Holzproduktion in Kurzumtriebsplantagen 43 5.1 Begriffs-Präzisierungen als Ausdruck der nationalen Verständnisse der Vorschriften der Europäischen Union 43 5.1.1 Waldbegriff in Estland, Lettland und Litauen 43 5.1.1.1 Waldbegriff in Estland 43 5.1.1.2 Waldbegriff in Lettland mit der Besonderheit der Forstplantage nach dem lettischen Waldgesetz 44 5.1.1.3 Waldbegriff in Litauen 50 5.1.2 Umtriebszeiten bei Kurzumtriebsplantagen in Estland, Lettland und Litauen 51 5.1.3 Zugelassene Baumarten für Kurzumtriebsplantagen in Estland, Lettland und Litauen 52 5.1.4 Unbestimmte Rechtsbegriffe für Nachhaltigkeit in den Waldgesetzen von Estland, Lettland und Litauen 53 5.2 Umsetzung der Förderbestimmungen nach der Gemeinsamen Agrarpolitik 2020 in Estland, Lettland und Litauen 55 5.2.1 Direktförderung (Säule 1) in Estland, Lettland und Litauen 56 5.2.1.1 Ausgestaltungen der Voraussetzungen für die Direktförderung 57 5.2.1.2 Instrumentarien der Direktförderung 60 5.2.2 Strukturförderung (Säule 2) in Estland, Lettland und Litauen 69 6 Wirtschaftliche Rahmenbedingungen für die Produktion von Holz in Kurzumtriebsplantagen auf landwirtschaftlichen Flächen in Estland, Lettland und Litauen 74 6.1 Parameter zur Definition der Angebotsseite: Verfügbare Produktionsfaktoren 74 6.1.1 Verfügbarkeit der Ressource Arbeit 74 6.1.2 Verfügbarkeit der Ressource Boden 77 6.1.2.1 Eignung von Flächen in Estland, Lettland und Litauen zur Produktion von Holz in Kurzumtriebsplantagen 77 6.1.2.2 Möglichkeit des Bodenerwerbs 79 6.1.2.3 Maßnahmen zur Erhöhung des Flächenangebotes auf den Bodenmärkten in Estland, Lettland und Litauen 82 6.1.2.4 Entwicklung der Preise für landwirtschaftliche Flächen in Estland, Lettland und Litauen 84 6.1.3 Verfügbarkeit der Ressource Kapital 85 6.1.3.1 Infrastruktur als maßgebliche Größe des volkswirtschaftlichen Sozialkapitals 85 6.1.3.2 Betriebliches Privatkapital als Investitionsvoraussetzung 86 6.2 Marktsegment für in Kurzumtriebsplantagen erzeugtem Holz in Estland, Lettland und Litauen 87 6.2.1 Potenzialabschätzungen für die Holzmärkte in Estland, Lettland, Litauen und für die Europäische Union 87 6.2.2 Nachfrage nach Holz in der Zielplanung für die Energiebedarfsdeckung in Estland, Lettland und Litauen 91 6.2.2.1 Planerische Ansätze zur Energieversorgung in Estland 94 6.2.2.2 Planerische Ansätze zur Energieversorgung in Lettland 95 6.2.2.3 Planerische Ansätze zur Energieversorgung in Litauen 96 6.3 Business Case für ein reales Unternehmen in Lettland 97 6.3.1 Naturale und monetäre Erträge von Weidenplantagen 98 6.3.1.1 Mengenerträge in Kurzumtriebsplantagen 99 6.3.1.2 Preisniveaus auf dem Markt für Hackschnitzel in Lettland 104 6.3.1.3 Preisniveauvergleich für Litauen und Estland 107 6.3.2 Kosten der Bewirtschaftung von Kurzumtriebsplantagen 108 6.3.3 Ermittlung der Annuitäten als Entscheidungsgrundlage 113 6.3.4 Betrachtung von Veränderungen von Parametern anhand einer Sensitivitätsanalyse 118 6.3.5 Betrachtung des Ergebnisses der Business Case-Berechnung 120 7 Diskussion der Ergebnisse 126 7.1 Hypothese: Das Regelwerk und die darin enthaltenen Fördermaßnahmen der Gemeinsamen Agrarpolitik 2020/Europa 2020 begünstigen die Produktion von Holz in Kurzumtriebsplantagen in Estland, Lettland und Litauen. 126 7.2 Hypothese: Die nationalen Ausgestaltungen der Bestimmungen der EU favorisieren nicht die Anlage und Nutzung von Kurzumtriebsplantagen in Estland, Lettland und Litauen 135 7.3 Hypothese: Die Produktionsfaktoren Arbeit, Boden und Kapital stehen in Estland, Lettland und Litauen in ausreichendem Maße zur Verfügung. 143 7.4 Hypothese: Die Märkte für in Kurzumtriebsplantagen erzeugtem Holz sind zu Preisen aufnahmefähig, die einen rentablen Betrieb von Kurzumtriebsplantagen in Estland, Lettland und Litauen erlauben. 145 7.5 Hypothese: Die Holzproduktion auf Kurzumtriebsplantagen führt zu höheren monetären Erträgen als der Anbau von annuellen Feldfrüchten in Estland, Lettland und Litauen 149 8 Zusammenfassung 152 9 Abstract 157 10 Literaturverzeichnis 161 10.1 Quellennachweis nach Autoren 161 10.2 Rechtsquellen 194 10.2.1 Völkerrechtliche Verträge 194 10.2.2 Rechtsquellen der Europäischen Union 194 10.2.2.1 Grundlagen für die Europäische Union 194 10.2.2.2 Verordnungen der Europäischen Union in chronologisch-numerischer Reihenfolge 194 10.2.2.3 Richtlinien der Europäischen Union in chronologisch-numerischer Reihenfolge 197 10.2.2.4 Delegierte Verordnungen der Europäischen Union in chronologisch-numerischer Reihenfolge und Entscheidungen 197 10.2.3 Rechtsquellen der Bundesrepublik Deutschland 199 10.2.4 Rechtsquellen der Republik Estland 199 10.2.5 Rechtsquellen der Republik Lettland 200 10.2.6 Rechtsquellen der Republik Litauen 201 ; The demand for timber will rise over the prognosis timeframe of the next 15 years until 2030. For Europe, demand forecast shows a deficit of supply of 300 mio. m³ per year; one study even states the amount at 430 mio. m³. The growth of the world population in combination with a growing economy will further increase the demand for wood, despite the current situation of equilibrium between demand and supply as shown by figures regarding the actual wood production. The demand is driven by many factors. Long-term prognoses to the year 2030 predict a permanent rise in demand for energetic use, which is above the rise of wood for material use. The bio economic trend, including the reduction of greenhouse gas emissions through the gradual reduction of fossil energy sources as a primary energy supply, has been reinforced through the Paris Agreement, adopted by the international community in 2015 with the aim of climate protection. Also other factors will strengthen future demand: the tendency towards decentralised energy production, especially within municipalities, which will particularly grow the demand for fuel wood and weak assortments; the tendency towards reducing dependence on Russia as a supplier of natural gas and oil; and the substitution of fossil energy sources for wood in the production of chemicals and fuel. The EU sees in the forests of its member states a large standing wood supply, which would need to be activated to reach the goal of substituting 20% of primary energy with renewable energy sources by 2020. Wood production and use has a neutral CO2 footprint throughout its lifecycle; if produced sustainably, it only emits as much CO2 as it had previously bound within itself through photosynthesis. Increasing the use of timber in the energy mix reduces the pollution of the atmosphere with CO2 Forest-inventories like the recently published 3rd German National Forest Inventory underline this assumption of the EU regarding the reserves. However, not all of the stock in the forests can be activated, as some forests are taken out of production due to ecological and socio-economic reasons. Entrepreneurs whose business model is determined by the production of wood on agricultural land evaluate possible locations for the production of wood in short rotation according the political and legal security, the availability of resources and the factor prices. The Baltic States offer favorable preconditions. All three states fulfill the major parameters for wood production on coppices on agricultural land: protection of the liberal order; secured legal system with the protection of property; barrier-free access to the markets within the EU; no currency risks; favorable climatic conditions with sufficient precipitation; and large amounts of resources in land and labor. The classification as agricultural activity on agricultural land and as an agricultural permanent crop makes SRC principally entitled to EU funding programs through direct support, the so-called 1st pillar, as well as though the funding of the agricultural structures, the so-called 2nd pillar. SRC are included in the goal cluster of Europe2020/CAP2020. For the SRC farmers on a national level, the applicable legislation derived from the EU-regulations and their administrative interpretations are crucial. The environmental performance of SRC was especially recognised, while excluding them from the Greening-Commitment. Surprisingly however, SRC is recognised with the factor 0.3 as a substitute for the compulsory creation of ecological compensation conservation areas, whereas argoforest systems with a lower soil regeneration period are recognised with the factor 1. The SRC agriculturist can request an appeal proceeding only if he feels there are discrepancies between the administrative acting and the superior national laws or EU rules. In comparison to the funding of traditional agriculture with annual crops, interpretations were identified in both pillars which discriminate against SRC by diminishing it or excluding it all together. In the direct funding sector this is especially applicable to meliorated land. A detailed analysis has shown that the establishment of SRC on such land leads to the complete denial of direct funding, like in Latvia, or subjection to strict conditions which hinder any SRC, like in Estonia and Lithuania. This is significant because in Estonia roughly 54%, in Latvia roughly 62% and in Lithuania roughly 78% of agricultural land has a drainage system. Within the 2nd pillar, the SRC farmer is excluded from support, especially in granting subsidies for building construction, acquisition of machines and other equipment. The definition of the rotation periods is causing another hurdle. The production of wood on SRC is steered towards certain market segments, mainly fuel wood and weak assortments, through the predefined rotation periods within the different Baltic States. These are generally set to five years. Efforts to soften this restrictive rule have so far been unsuccessful. Further stimulus guiding towards certain segments comes from the subsidies provided for reforestation by the structural funding. In the Baltic factor market, land and labour for wood production in SRC on agricultural land are available for reasonable prices and in sufficient quantities.Restrictions in purchasing land could arise from the "land-mobilisation" legal systems valid from 2014 for the new establishment of SRC. There are no authoritative figures available for the harvest yields on large scale SRC in the Baltic States. Estimations of the crop volume had to be made in comparison to regions with similar climatic conditions and the growth performance of common clones, taking into account measures from test facilities in Estonia, Latvia and Lithuania. Assessed like this, the average wood production lies at 10.00 tovd ha-1 a-1. The price levels for the wood sales in the market segment of SRC wood is robust for the internal market, as is the export demand. This is confirmed by a time-series analysis in which price fluctuations are evened out, for Estonia between 2003 and 2013, for Latvia between 2009 and 2014 and for Lithuania between 2008 and 2014. By calculating the annuity, the profitability of a SRC is evaluated using the example of an enterprise in Latvia. On the expenses side, real cost-figures for an area of 100ha could be used for the calculation, thus providing a data base which does not derive from only small experimental areas in Estonia, Latvia and Lithuania. On the market side, actual current market prices, backed up with long-term data series regarding the price level of wood chips, could be resorted to. In this calculation based on real figures, the cash-flow was illustrated. Money from the 1st and 2nd pillar was not added into the calculation due to the uncertainty of a positive decision by the LAD. The calculations show a positive result, indicating that a profitable management of a KUP is possible. A sensitivity analysis in which all cost and dendromass production figures where changed by 10% shows the stability of the calculation. Finally, a comparison of the annuity results to the income of a large company which produces annual field crops in crop rotation shows that the production of wood on agricultural land with SRC is the more economically sound alternative. Considering the agricultural outlook for the EU, one can draw from the overall analysis that a "division of labor" in which field crops are produced in the member states in which the climate aspects and the soil parameters are optimal is not supported, but rather inhibited. When the profits from the production of wood on agricultural land rise further, the market will, driven by the higher return of investment, cause that structural adjustment, despite EU subsidies.:Danksagung I Inhaltsverzeichnis III Abbildungsverzeichnis VII Tabellenverzeichnis VIII Abkürzungsverzeichnis XII 1 Einleitung 1 1.1 Diskrepanz bei der Abschätzung der zukünftigen Holznachfrage und der tatsächlichen Entwicklung 1 1.2 Tendenzen bei der Nachfrage und dem Angebot von Holz in der Europäischen Union 4 1.3 Positive Voraussetzungen für die Produktion von Holz in Estland, Lettland und Litauen 7 2 Zielstellung der Arbeit 11 3 Vorgehensweise 14 4 Stand des Wissens 17 4.1 Europarechtliche Bestimmungen für die Holzproduktion auf landwirtschaftlichen Flächen 17 4.1.1 Begriffsabgrenzungen 18 4.1.1.1 Abgrenzungen des Begriffs der Kurzumtriebsplantage von Wald 18 4.1.1.2 Waldbegriff der Europäischen Union 19 4.1.2 Kurzumtriebswirtschaft als landwirtschaftliche Tätigkeit 19 4.1.2.1 Erlaubte Baumarten für den Kurzumtrieb in der Europäischen Union 20 4.1.2.2 Agroforstsysteme im Vergleich zu Kurzumtriebsplantagen in der Terminologie der Europäischen Union 20 4.1.3 Gemeinsame Agrarpolitik 2020 21 4.1.3.1 Organe der Gemeinsamen Agrarpolitik auf Ebene der Europäischen Union und der Verwaltungsunterbau in den Mitgliedstaaten 21 4.1.3.2 Ziele der Gemeinsamen Agrarpolitik 2020 im Rahmen des Zielsystems Europa 2020 24 4.1.3.3 Instrumentarien der Gemeinsamen Agrarpolitik 2020 26 4.1.3.4 Finanzmittel zur Agrarstrukturförderung im Rahmen der Gemeinsamen Agrarpolitik 2020 36 4.2 Kurzumtriebsplantagen auf landwirtschaftlichen Flächen in Estland, Lettland und Litauen 37 4.2.1 Derzeitiger Bestand und Betrieb von Kurzumtriebsplantagen in Estland, Lettland und Litauen 37 4.2.2 Entwicklung der Plantagenflächen zur Produktion von Holz im Kurzumtrieb in Estland, Lettland und Litauen bis 2014 40 4.2.2.1 Estland 40 4.2.2.2 Lettland 41 4.2.2.3 Litauen 41 5 Analyse der rechtlichen Rahmenbedingungen in Estland, Lettland und Litauen zur Holzproduktion in Kurzumtriebsplantagen 43 5.1 Begriffs-Präzisierungen als Ausdruck der nationalen Verständnisse der Vorschriften der Europäischen Union 43 5.1.1 Waldbegriff in Estland, Lettland und Litauen 43 5.1.1.1 Waldbegriff in Estland 43 5.1.1.2 Waldbegriff in Lettland mit der Besonderheit der Forstplantage nach dem lettischen Waldgesetz 44 5.1.1.3 Waldbegriff in Litauen 50 5.1.2 Umtriebszeiten bei Kurzumtriebsplantagen in Estland, Lettland und Litauen 51 5.1.3 Zugelassene Baumarten für Kurzumtriebsplantagen in Estland, Lettland und Litauen 52 5.1.4 Unbestimmte Rechtsbegriffe für Nachhaltigkeit in den Waldgesetzen von Estland, Lettland und Litauen 53 5.2 Umsetzung der Förderbestimmungen nach der Gemeinsamen Agrarpolitik 2020 in Estland, Lettland und Litauen 55 5.2.1 Direktförderung (Säule 1) in Estland, Lettland und Litauen 56 5.2.1.1 Ausgestaltungen der Voraussetzungen für die Direktförderung 57 5.2.1.2 Instrumentarien der Direktförderung 60 5.2.2 Strukturförderung (Säule 2) in Estland, Lettland und Litauen 69 6 Wirtschaftliche Rahmenbedingungen für die Produktion von Holz in Kurzumtriebsplantagen auf landwirtschaftlichen Flächen in Estland, Lettland und Litauen 74 6.1 Parameter zur Definition der Angebotsseite: Verfügbare Produktionsfaktoren 74 6.1.1 Verfügbarkeit der Ressource Arbeit 74 6.1.2 Verfügbarkeit der Ressource Boden 77 6.1.2.1 Eignung von Flächen in Estland, Lettland und Litauen zur Produktion von Holz in Kurzumtriebsplantagen 77 6.1.2.2 Möglichkeit des Bodenerwerbs 79 6.1.2.3 Maßnahmen zur Erhöhung des Flächenangebotes auf den Bodenmärkten in Estland, Lettland und Litauen 82 6.1.2.4 Entwicklung der Preise für landwirtschaftliche Flächen in Estland, Lettland und Litauen 84 6.1.3 Verfügbarkeit der Ressource Kapital 85 6.1.3.1 Infrastruktur als maßgebliche Größe des volkswirtschaftlichen Sozialkapitals 85 6.1.3.2 Betriebliches Privatkapital als Investitionsvoraussetzung 86 6.2 Marktsegment für in Kurzumtriebsplantagen erzeugtem Holz in Estland, Lettland und Litauen 87 6.2.1 Potenzialabschätzungen für die Holzmärkte in Estland, Lettland, Litauen und für die Europäische Union 87 6.2.2 Nachfrage nach Holz in der Zielplanung für die Energiebedarfsdeckung in Estland, Lettland und Litauen 91 6.2.2.1 Planerische Ansätze zur Energieversorgung in Estland 94 6.2.2.2 Planerische Ansätze zur Energieversorgung in Lettland 95 6.2.2.3 Planerische Ansätze zur Energieversorgung in Litauen 96 6.3 Business Case für ein reales Unternehmen in Lettland 97 6.3.1 Naturale und monetäre Erträge von Weidenplantagen 98 6.3.1.1 Mengenerträge in Kurzumtriebsplantagen 99 6.3.1.2 Preisniveaus auf dem Markt für Hackschnitzel in Lettland 104 6.3.1.3 Preisniveauvergleich für Litauen und Estland 107 6.3.2 Kosten der Bewirtschaftung von Kurzumtriebsplantagen 108 6.3.3 Ermittlung der Annuitäten als Entscheidungsgrundlage 113 6.3.4 Betrachtung von Veränderungen von Parametern anhand einer Sensitivitätsanalyse 118 6.3.5 Betrachtung des Ergebnisses der Business Case-Berechnung 120 7 Diskussion der Ergebnisse 126 7.1 Hypothese: Das Regelwerk und die darin enthaltenen Fördermaßnahmen der Gemeinsamen Agrarpolitik 2020/Europa 2020 begünstigen die Produktion von Holz in Kurzumtriebsplantagen in Estland, Lettland und Litauen. 126 7.2 Hypothese: Die nationalen Ausgestaltungen der Bestimmungen der EU favorisieren nicht die Anlage und Nutzung von Kurzumtriebsplantagen in Estland, Lettland und Litauen 135 7.3 Hypothese: Die Produktionsfaktoren Arbeit, Boden und Kapital stehen in Estland, Lettland und Litauen in ausreichendem Maße zur Verfügung. 143 7.4 Hypothese: Die Märkte für in Kurzumtriebsplantagen erzeugtem Holz sind zu Preisen aufnahmefähig, die einen rentablen Betrieb von Kurzumtriebsplantagen in Estland, Lettland und Litauen erlauben. 145 7.5 Hypothese: Die Holzproduktion auf Kurzumtriebsplantagen führt zu höheren monetären Erträgen als der Anbau von annuellen Feldfrüchten in Estland, Lettland und Litauen 149 8 Zusammenfassung 152 9 Abstract 157 10 Literaturverzeichnis 161 10.1 Quellennachweis nach Autoren 161 10.2 Rechtsquellen 194 10.2.1 Völkerrechtliche Verträge 194 10.2.2 Rechtsquellen der Europäischen Union 194 10.2.2.1 Grundlagen für die Europäische Union 194 10.2.2.2 Verordnungen der Europäischen Union in chronologisch-numerischer Reihenfolge 194 10.2.2.3 Richtlinien der Europäischen Union in chronologisch-numerischer Reihenfolge 197 10.2.2.4 Delegierte Verordnungen der Europäischen Union in chronologisch-numerischer Reihenfolge und Entscheidungen 197 10.2.3 Rechtsquellen der Bundesrepublik Deutschland 199 10.2.4 Rechtsquellen der Republik Estland 199 10.2.5 Rechtsquellen der Republik Lettland 200 10.2.6 Rechtsquellen der Republik Litauen 201
Issue 30.2 of the Review for Religious, 1971. ; EDITOR R. F. Smith, S.J. ASSOCIATE EDITOR Everett A. Diederich, S.J. ASSISTANT EDITOR John L. Treloar, S.J. QUESTIONS AND ANSWERS EDITOR Joseph F. Gallen, S.J. Correspondence with the editor, the associate editors, and the assistant editor, as well as books for review, should be sent to REVIEW FOR RELIGIOUS; 6i~ Humboldt Building; 539 North Grand Boulevard; Saint Louis, Missouri 631o3. Questions for answering should be sent to Joseph F. Gallen, S.J.; St. Joseph's Church; 321 Willings Alley; Philadelphia, Pennsylvania tgxo6. + + + REVIEW FOR RELIGIOUS Edited with ecclesiastical approval by faculty members of the School of Divinity of Saint Louis University, the editorial offices being located at 612 Humboldt Building ; 539 North Grand Boulevard ; Saint Louis, Missouri 63103. Owned by the Missouri Province Edu-cational Institute. Published bimonthly and copyright (~) 1971. by REvmw Fog RELIO~OUS. Printed in U.S.A. Second class postage paid at Baltimore, Maryland and at additional mailing offices. 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 paya-ble to REvmw Yon RELtOtOUS in U.S.A. currency only. Pay no money to persons claiming to represent REvmw yon RELIOIOU!L Change of address requests should include former address. - Renewals and new subscriptions should be sent to REvmw FOR RELIOIOUS; P. O. Box I 110; Duluth, Minnesota 55802. Manuscripts, editorial correspondence, and books for re-view should be sent to REvIEw FOR RELIGIOUS; 612 Humboldt Building; 539 North Grand Boulevard; Saint Louis, Missouri 63103. Questions for answering should be sent to the address of the Questions and Answers editor. MARCH 1971 VOLUME 30 NUMBER 2 BROTHER THOMAS MORE, C.F.X. Religious: Partners for Justice and Peace Within the past few years, Pope Paul VI has established January 1 as a World Day of Peace. For 1971 he has selected the theme: "Every man is my brother." To enlist the support of religious institutes, the Holy See recently sent a document to" all superiors general stating that the World Day of Peace should transcend the limits of a simple celebration and really bring to the world the message of Christ's love. This Day of Peace is an invitation for an examination of conscience; it is an exhortation not to judge or condemn others, but to find out how much we ourselves as individuals and as mem-bers of society are accomplices of evil in this world; it is a means of making us more aware that we are and ought to be the guardians of our brothers. As religious by the very nature of their profession are orientated towards their fellow men, they have special motives for making this examination of conscience. Pious practices are not sufficient to make us good Christians. Christ Himself told us that we shall be judged by our attitudes and acts towards our fellow men. Nor is it suffi-cient that we be on good terms with our fellow religious. In this age, with the mass media keeping us informed about what is going on throughout the world, we cannot say to the Lord: "Where did we see you hungry, or naked, or" in prision. ?" The theme for 1971 looks beyond the present state of hostility in the world to the root of war--a failure to understand the yearning for the recognition of basic human rights by men in all parts of the world to escape from hunger, misery, disease, discrimination, and igno-rance. As long as this festering condition exists in any part of the world, there will always be the threat of war, violence,- and unrest. Perhaps nowhere else have the hopes of this part of mankind been better expressed than in Pope Paul's own Brother Thomas More, C.F.X., is su-perior general of the Xaverian Broth-ers; Via Antonio Bosio0 5; 00161 Rome, Italy. VOLUME 30, 1971 161 ÷ ÷ ÷ T. More~ C.F.X. REVIEW FOR RELIGIOUS blueprint for peace, Populorum progressio: "Freedom from misery, ~he greater assuranceof finding subsistence, health and fixed employment; an increased share of re-sponsibility without oppression of any kind and in se-curity from situations that do violence to their dignity as men; better education--in brief, to seek to do more, know more and have more; that is what men aspire to now when a greater number of them are condemned to live in conditions that make their lawful desire illusory." It is these men and women in particular whom'the Holy Father wants us to see in the light of Christian charity as our brothers. For only when we do believe them to be our brothers can we be deeply concerned about their struggle to obtain their freedom. This struggle for freedom is given greater emphasis if it is looked at within the framework of three contem-porary issues that are on the front stage of our history. The first is that 20% of the people living in the Atlan-tic world command about 75 to 80% of the world's in-come, investment, and trade. This statement becomes more than a matter of statistics when we realize that the society within this 20% contains a large number of professed followers of Christ who are the inheritors of a Christian tradition. But within this society, "Christianity is invoked in order to lead a sort of crusade against communism. Christianity is invoked in order to combat the wave of hatred, deeprooted re-sentment and terror which is rising everywhere. The 20% who let 80% stagnate in a situation which is often sub-human-- what right have they to allege that communism crushes the human spirit? The 20% who are keeping 80% in a situation which is often sub-human--are they or are they not responsible for the violence and hatred which are beginning to break out all over the world?" x If these words seem to ring with the exaggerated rheto-ric of a prophet, they do come from the heart of a bishop in an underdeveloped section of Brazil to awaken us from complacency. The second contemporary issue is the influence of the younger generation in movements for social justice and peace. It is almost universally agreed that this young generation has a feeling of oneness in human develop-ment and is alive to the increasingly international char-acter of human events.~ Also among the young is a new 1 Helder Camara, "Development Projects and Concern for Struc-tural Changes," IDOC, North American edition, May 23 1970, p. 20. 2John Tracy Ellis notes that in the transformation of the Catholic Church's leadership in the United States from a passive to an active adherence to the social papal encyclicals of John XXIII and Paul VI, the Church had the advantage of the "radically different ap-proach to war and peace" of students in the Catholic colleges, uni-versities, and seminaries, "the vast majority of whom were much radicalism which questiOnS strongly, often violently, the priorities and standards inside the economy and struc-tures of the Atlantic world. "If, say the young, this is the ultimate fine flower of our commercial industrial civiliza-tion, it might be better to blow it up and start again." a The third current issue is the growing awarenegs that we live in a village world, that we belong to a world community. We are all becoming alive to the increasingly inter-national character of human events and associations. There has been a great stir~:ing of conscience on the sub-ject of world poverty in the midst of plenty, on the ques-tion of world peace, and in the matter of racial discrimi-nation, wherever it may be practiced. This stirring of conscience and the awareness of the repercussion of global events have helped to break down parochial and national barriers. People everywhere are catching the vision that sees any deprivation of human rights as a universal crisis that profoundly disturbs the world community. Within this contemporary framework of an unbalanced world economy, the influence of the young generation in social justice and peace movements, and the search for world community, the Holy Father's theme for 1971 has a particularly strong appeal for religious. There is abundant evidence that religious in the United States are aware of these three contemporary issues and of the major social ills of our times. The fol-lowing suggestions and reflections are made as contribu-tion to this growing involvement of religious in arousing the People of God to promote development, justice, and peace in a world where "Every man is my brother." Peace As professed disciples of Christ, we cannot limit our horizon to the internal concerns of our community life. As members of a religious institute, we cannot be satisfied with the missionary efforts of a few of our members in developing countries. Perhaps there was a time when people could feel at ease when they had prayed for peace. In our days, we have an inescapable responsibility not only to pray but also to do something for peace in the world. Peace is an involved and sometimes painful question. It touches us on the emotional level because of our racial, national, religious, social, or educational background, or more sensitive to the papal teaching on peace than their parents and grandparents had been" (American Catholics and Peake [Washing-ton: Division of World Justice and Peace, USCC, 1970], p. 14). a Barbara Ward, The Angry Seventies (Rome: Pontifical Commis-sion of Justice and Peace, 1970), p. 44. + + + Justice and Peace VOLUME 30, 1971 163 ÷ ÷ T. More, C.F.X. REVIEW FOR RELIGIOUS 164 because of other more or less conscious motivations. For the.objective education of ourselves, our communities and those whom we serve in Our apostolates, we have to make a continuous effort to overcome these all too human feelings. We must likewise try to avoid all blind spots of emotional prejudice which prevent us from seeing the real issues. One of the first things to be done .is to seek informa-tion in order to build up a solid basis for judgment. To refuse, either emotionally or through sheer indifference, to become informed is certainly one of those sins of omission which the renewed liturgy has most appropri-ately called again to our attention. The constitution Gaudium et spes (n. 82) gave us a lofty ideal when it stated that "it is our duty to prepare, by all possible efforts, the time when all war can be com-pletely outlawed by international consent." Too often we are not aware of the moral influence which we, as individuals or as a group, can exercise on the political level. War is one'of the major moral concerns of our day --what is our attitude toward war in general? Do we know and appreciate the theoretical and practical impli-cations of moral theories on war and on the use of vio-lence? Does the traditional "just war" theory still hold in our times when the powers of destruction are apocalyptic? Gaudium et spes continues: "Those who are dedicated to the work of education, particularly of the young . should regard as their most weighty task the effort to form the minds of all to the acceptance of a new spirit of peace. Every one of us should have a change of heart." Those religious engaged in the apostolate of education have the opportunity and the duty to give practical direction in this area. In particular cases there should be discussions with students and parents on the implications of "conscientious objection," passive civil resistance, and other controversial attitudes towards war, social injustice, and the like. Moreover, as citizens we have our political rights and duties. On some occasions this may require forthright speech and action, after mature consideration, even against decisions made by the highest authorities. We all respect the attitude of a man like Dietrich Bonhoeffer and of others under the Nazi regime, or of some modern Soviet authors, or of. a man like Hekler Camara. Great and at times heroic courage is needed by such people to stick to their most profound convictions and to suffer for them. In a democratic society similar courage can sometimes be needed. One can appreciate, for instance, the moral fortitude of the American Jesuit provincials who, in a letter to all United States senators, on May 21, 1970, expressed their deep concern about the recent de-velopments in the Vietnam war. Development and Justice We must show every man the esteem, the respect, and love which he deserves as a member of the human family and as a being created by God and the object of His love. We must concern ourselves with the full human develop-ment of the world, to take a global view of mankind and of the human race, to see ourselves as members of a planetary village, where "Every man is my brother." Religious cannot be less sensitive than the younger generation to the worldwide and national obstacles to social justice; nor can they fail to see in these committed young people their fellow brothers and sisters who may be showing religious that evangelical poverty can be the purest expression of Christian liberality. In every religious institute there have been community and chapter debates on evangelical poverty. Some think it has lost its meaning or that it has no place in contem-porary society. But before reaching such conclusions, the individual religious or the community involved should remove from the scene all those obvious unnecessary forms of middle-class comfort upon which so many of them may depend. Perhaps a few bold steps in experi-encing how poor people live might also be considered. Communities and provinces could include special de-velopmen~ projects in their budgets.4 It may then hap-pen that religious will discover alternate options to settling down to a comfortable middle-class existence. This process of "settling down," with its subsequent bourgeois acceptance of a comfortable and secure living, is a corporate sin which religious can fall victim to against the spirit of poverty. And this lack of the spirit of evangelical poverty can prevent religious from being sensitive to the social ills of our society. The greater awareness in our times of belonging to a world community parallels the movement within the re-ligious life for a greater understanding of gommunity. If fuller participation in community is evangelical, if it is the forum 'in which the hope of the Resurrection and the appreciation of the present realities are held in ten-sion, then it will predispose religious to take a global vision of mankind and of the human race. This vision ought certainly to be one of the first fruits of the new religious community. *See Louis G. Miller, C.Ss.R., "The Social Responsibility of Re-ligious," REWEW fOR REI.~CIOUS, v. 29 (1970), pp. 658-61, for a practical suggestion for practicing social consciousness on the prov-ince level by investing funds to alleviate the pressing social crisis in our times. 4- 4- Justice and Peace VOLUME 30, 1971 165 ÷ T. More, .F.X. REVIEW FOR RELIGIOUS 166 Provincial and general chapters need to discuss those issues which profoundly affect the world community and national communities, with the hope that as they face their own internal problems, they will also turn toward those which lie at the heart of our contemporary society. Some of these issues are: racism, minority groups and. human rights, nationalism, .conscientious objection, the so-called theory of "just war," and disarmament in our era of nuclear weapons and missiles. Religious should continue to serve the Third World through their missionary work. However, this commit-ment ought to be incorporated into the new thinking on evangelization-development now taking place in many secular and religious assemblies. As Father Philip Land, s.J., of the Pontifical Commission of Justice and Peace pointed out recently to the superiors genera.1 in Rome, one of the chief contributions religious can make is to un-derstand the development debate, increase their com-mitment to the UN's Second Development Decade, and integrate the activity of their congregation into this global project. As an example of the need to understand the devel-opment debate, Father Land pointed out that real challenges confront religious as regards developing and developed countries in the area of education. With re-gard to the former, it is widely argued that Christian schools produce an education that simply ties their stu-dents to the existing power structures; with regard to the latter, it is questioned whether our schools produce an education conducive to the structural changes the poor nations rightly demand. The final suggestion is that made by Monsignor Joseph Gremillion, Secretary of the Pontifical Commis-sion of Justice and Peace, to a recent assembly of su-periors general: "The initiatives of religious are abso-lutely vital everywhere. Even though conferences of bishops might take certain responsibilities, it is essential that 'free movements' and individual leadership be ex-ercised-- a~d often this is provided by religious, men and women, as chaplains, inspirers, educators, anima-tors." "Every man is my brother": In choosing this theme, the Holy Father's aim is to help people to become aware of the unity of the human family, and thereby to favor a deeper and more sincere solidarity between men by removing from their manner of acting every form of discrimination based on distinction of race, color, cul-ture, ethnic origin, sex, social class, or religion. Are we prepared to play our part for a better, a more human, a more Christian world? JEAN LECLERCQ, O.S.B. Culture and the Spiritual Life I. THE MEDIEVAL MONASTIC TRADITION Learning and the culture which results from it refine a personality by helping it to acquire certain values of humanity which make up the fund of the commonwealth of human nature. In the Middle Ages these were never isolated from a man's religious living: they became part and parcel of his initiation to Holy Scripture, spiritual reading, meditation, prayer; they were determining fac-tors in a man's search for God, a search which, at all times, implies an ascesis not only for the inquiring mind, the intelligence, but for every one of man's faculties. These human values are not independent; they are an-cillary to the more noble values of a sacred humanity, that is, of a human nature and condition penetrated with the grace of Jesus Christ, transformed by the Holy Spirit, and consecrated, set apart for the Father in the Church. For the men of the Middle Ages who sought after God, Christian humanism meant something more than mere assimilation of culture; it implied the growth and self realisation of the person in the totality of his values: the raw material of human nature was never separated from the refining effect of Christian living. Certainly, culture and language had an important part to play in this process of fructification; but they did not, of themselves, bring it about. They favored the assimi-lation of profane literature and allowed the scholar to discern those experiences which were susceptible of being transformed and thus raised to the level of his own lived Christian reality, the level at which he became and real-ized himself by union with God. Thus in order to under-stand the humanism of these Medieval monks we must try to discover the specifically Christian experience lying behind the terms of a language inherited from masters of pagan antiquity. We have, as it were, to guess the per-sonal experience, the desire for God experienced by each + + + Jean Leclercq, O.S.B., is a monk of Clervaux Ab-bey in Luxem-bourg, Europe. VOLUME 30, 1971 16'/ lean Leclercq REVIEW FOR RELIGIOUS 168 writer who loved learning; we must endeavor to unveil in some way the Medieval monastic writer's intimate being in presence of God. Conflicts and Solutions But once we start trying to do this, we perceive the presence of two conflicting parties. According to the degree of sensitivity of a given Medieval period, this conflict situation is experienced more or less keenly, more or less clearly, and expressed more or less frequently in the texts. But the two parties of the conflict are con-stantly in presence and are mutually conditioning. The first conflictual element is the relationship to be established between the spiritual life and the profane realities which one met with when learning Latin; the problem with which students had to grapple was how to remain Christian and become even more so by contact with pagan values expressed in ancient literature. The second element is situated in the sphere of impact be-tween man's fallen state and the nobleness of human nature: man has personal experience of concupiscence waging within him; his experience tells him that he is capable of sinning, and that he actually does sin; but he knows too that he is endowed with a real "capacity" for God--the Medieval man firmly believes that he is capable of throwing open his being to the divine pres-ence, and even that God does already dwell within him. Divided as he is, how can man recover his unity? Let it be noticed that the experience of this conflict situation was not the monopoly of monks: it is inherent to our human condition. The solution to this problem lies, now as then, in the encounter of God and man in Jesus Christ, and in the union between man and his Savior. Yet if we judge by the number of witnesses and their spiritual density, it seems that it was more keenly experienced, in a more privileged manner as it were, in monastic circles. Elsewhere, pastoral or temporal activi-ties distracted the attention. But in the cloisters, there was nothing to alleviate the inner combat; the monk constantly kept the whole of his existence focused on a search for the presence of God. His method was prayer. Nothing hollows a man out as much as the activity of prayer; nothing more than prayer makes him fathom the depths of his own abyss; in prayer man comes up against his own void, he experiences the need he has of God. We see, then, that monks were in the ideal conditions for suffering this conflict more keenly than their fellowmen. They expressed it more frequently than others outside the cloister, but it has always been the common lot of humanity. And humanism is nothing else than th'is conjunction of a given experience and a given culture in a single person. The higher this experience and this culture are, the more the person develops his human capacities. It is not a ques-tion here of mere literary varnish, but of a profound en-richment on the level of the intimate depths where a man meets his God. The humanism of the Medieval monks supposes this alliance of culture and the spiritual life, with all that this implies in ascesis and prayer. The mon-astery offered the means for acquiring culture, and the religious experience which the inmates underwent pro-vided an objective for this culture; the monastery was the workshop, so to say, where man, by the instrumen-tality of culture, attained, over and beyond culture itself, to union with God. The Drama of Christian Humanism Having once grasped the fact of the conflict which the Christian humanist, within and without the cloister, had to overcome, it will be suspected that harmony was not established without a certain drama. And Medieval mo-nastic texts confirm our suspicions. Always, we find the conjunction of the two inalienable elements of Christian experience provoked by honest and cultured reading of Holy Scripture. These two elements are ~emptation and hope: the latter is always predominant and has the last word. Why? Because, as one Medieval writer reminds us: Stat Iesus et dicit.--Jesus is there and He speaks to us. That is just what humanism is: an experience of Jesus Christ present in man. In order to taste, to savor, ~the reality behind words we must not only read but also live. You notice that reading, learning is a primary condition of any religious experience and the result is always inner peace. Between the beginning, the abc, and the end lies a long struggle to be waged between the different values, a struggle between contrary tendencies. Many acts of this drama are painful, but it always ends in light and peace. This supreme and perfect realization of-man, of hu-manism, is none other than the perfect accomplishment of the Incarnation: there is no more lofty humanism than that which leads to perfect union of man with God. In reading some Medieval authors one is tempted to say that for them there is a sort of humanism in God shown by divine care for man which goes so far as to assume humanity into the divinity. The kernel of such a theol-ogy is the justification of the humano-divine situation, the justification of the passion and death of Christ in function of man's reconciliation with God. And what strikes us in Medieval works structured round such theol-ogy is that often, though major stress is laid on God's honor and glory, the primacy of man and his salvation in the divine economy is dominant. For certain Medieval + ÷ + Culture VOLUME 30, 1971 ]69 ÷ ÷ ~ean Leclercq REVIEW FOR RELIGIOUS theologians it is essential to God's honor and glory that mankind whom he has destined for eternal happiness should be saved. Conclusion Throughout the Middle Ages, the problem in mon-asteries and other Christian seats of learning was not to say "yes" or "no" to culture, but to discern the correct use to be made of it. The monks took the risk of ac-quiring culture, they saw the danger; they overcame the risk in the strength of humility and ascesis: their courage led them to love. Let us, in a sort of review of the conflict situation, see how monks were victorious in suffering and joy. The texts left by Medieval monks prove that it was no imaginary struggle; they help us to grasp the concrete, real, even existential nature of the conflict in the student --it was a struggle for purity of heart and purity of body. It was a real personal problem that the student had to solve; nothing could be further removed than this from a merely speculative, a so-called objective attitude with regard to profane realities. The problem was real and acute. The solution could only be found in Jesus Christ in whom one of the divine Persons, belonging to another world, lived in a man of our own world. The Last Supper and the Resurrection are absolute and undeniable reminders that Christ's pres-ence in this world appropriates even the physical ele-ments of man. And the Medieval person is always per-ceived in a triple relationship to a second self--a superego (t3ber-Ich), a self-surpassing self, if we may so say--to God and His kingdom, and to man's place in this king-dom. Now the ego surrenders itself to a superior power, not, as might be thought, by emptying self of sell but in liberating the potentials for self-surpassing which it con-tains. The aim is not to seek one's own advantage-~one's own pleasure or glory--but to renew the experience of those whom the Bible tells us encountered God, before being in a position to manifest Him. The glory of a creature is to serve the Creator, to refer to Him; and this man is able to do because God has endowed him with reason. Man is not centered on himself but on God, and the Medieval monk cannot construct a doctrine of man on any other foundation than his relationship to God. The monk exists as an individual, and he knows it, he experiences the truth of this reality in moments of temp-tation and on every occasion where he becomes conscious of himself; yet he knows too that he is not autonomous in the sense that he could have any worth independently of God; the monk's self-realization, the development of his personality as such could never be his sole objective nor sut:fice to make him totally happy. There thus coexist in him at all times, and sometimes in a manner which we find baffling, on thb one hand that which is specific to his human nature--his failings, but also his capacity for reasoning, for critical reflection-- and on the other hand faith in a mystery which he cannot grasp, and even belief in the marvelous. The Medieval religious man knows that he carries within himself both greatness and pettiness; heis a sinner, but God comes to meet him, and he in turn goes towards God. The en-counter is perfected in Christ who, as God, created man in the cosmos, and as man situated Himself in this same cosmos. The encounter between God and His sinful crea-ture is also accomplished in the man who lives united to Christ. The Christian man is already, in the kingdom of Christ, a homo caelestis--but not entirely so. Para-doxically, carnal man has still to become the heavenly man which he already is. This transformation, this meta-noia, can only be accomplished within him by the daily fight, by a constant and daily conversion to the Lord. The perfect man, he who is already totally re-formed, even transformed, transfigured, is none other than the saint: from this point of view, it is easy to understand why hagiography has such an important place in Me-dieval monastic historiography. Lastly, just as he is attracted by heaven--which he likes to represent as being open, on the occasion of theophanies for example--the humanist in the monastic Middle Ages is on friendly terms with everything created: the cosmos and animals which he tends to idealize. There is a tension within him, between his own self and the world in its two aspects, earthly and yet already sanctified, and in this sense, heavenly. The solution to all these at-tractions, tendencies, and tensions lies in the mystery of the cross which is figured in medieval representations as a symbol of struggle and victory: in hoc signo. Sometimes the cross is framed by a low doorway, the narrow gate which at once separates and unites, and by which one has to pass freely of one's own will by liberating self, by shaking off something of self --- this is the narrow gateway beyond which we can find self again, and with self every-thing else once sacrificed but now bathed in light. II. A CONTEMPORARY MODEL But now, in order to step beyond Medieval history, let us see how such an ideal can be lived in our own desac-ralized and profane twentieth century. There are many examples of men ~ind women who ally culture with the spiritual life sometimes attaining to high sanctity on the university campus--always under the sign of the cross ÷ ÷ ÷ Culture VOLUME 30, 1971 of Christ. The example we choose to quote here is none other than Edith Stein: the scholar and the saint, as she has been called. Witnesses are never more eloquent than in the testimony of their lives, often translated, in the case of men and women of learning, into writing. We can do no better than let Edith Stein speak for herself in a few carefully selected texts. As we read through her works we notice that there is one major generating principle of energy--a unified ex-istence in which the many activities are brought together as a single unit tending to the one thing necessary to the Christian humanist: the knowledge of Christ crucified and his all-pervading dynamic presence in professional and private life. Edith Stein had grasped this principle. After having spent Holy Week of 1928 at the Benedictine Abbey of Beuron, she wrote: Passiontide and Easter are not meant to express simply a transitory festive mood quickly submerged in the daily hum-drum; no, they are the divine power living in us, which we take with us into our professional life so that it may be leavened by it. This oneness, this unity between apparently contradic-tory, even paradoxical elements of an existence seems to be a characteristic of Edith Stein--the passion and the cross are a single divine power, the fulcrum by which she raised the deadweight of daily humdrum existence. There was a constant dialectic tension within her, a continuous striving to reconcile on a higher level--that of union with God--the realities of life, at home, in school, or on the campus. It is evident that this harmonious unity was not at-tained without a persevering ascesis in order to face squarely and solve peacefully the dilemmas roused by the co-existence of the love of learning and an ardent desire for God. In the present context we cannot develop the matter as fully as we should like; we shall merely illus-trate how Edith Stein harmonized four very important dialectic tensions. + + + Jean Leclereq REVIEW FOR RELIGIOUS 172 i. Harmony between the Spiritual and the Intellec-tual Life In February 1928 she wrote: Of course religion is not just something for a quiet corner and a few hours of leisure; it must be the root and ground of all life, and this not only for a few chosen ones, but for every true Christian. (of whom, indeed, there is always only a small number). It was through St. Thomas that I first came to realize that it is possible to regard scholarly .work as a service of God. Immediately before, and a long ome after my conversion, I thought living a religious life meant to abandon all earthly things and to live only in the thought of the heavenly realities. Gradually I have learned to understand that in this world something else is demanded of us, and that even in the con-templative life the connexion with this world must not be cut off. Only then did I make up my mind to take up scholarly work again. I even think that the more deeply a soul is drawn into God, the more it must also go out of itself in this sense, that is to say into the world, in order to carry the divine life into it. This text shows that Christian humanism is not the pri-vate property of scholars, it is incumbent on every Chris-tian. We also notice that learning, scholarly work, is a service of God. In other letters Edith Stein states the con-ditions for maintaining the balance of power between the spiritual and the intellectual. The keyword is sim-plicity. The scholar has to be simply content with the conditions of life; he has not to be anxious about many and superfluous things. We might almost say that he has to take life as it comes. This is detachment, another con-dition which Edith Stein considered essential for the truly Christian humanist--detachment from earthly riches, but also detachment from spiritual goods: she teaches that we must not be anxious about times for praying---each one must pray according to the possibilities of his professional commitments. Nevertheless a portion of the day should be set apart for God. Edith Stein writes: The chief thing is first to have a quiet corner where one can converse with God as if nothing else existed, and this every day. The early morning seems to me the hest time for this, before the daily work begins. Further, I think, this is where one re-ceives one's mission, preferably for each day, without choosing anything oneself. Lastly, one should regard oneself entirely as an instrument, especially those powers with which one has to work, for example in our case one's reason--I mean as an in-strument which we do not use ~urselves, but God in us. 2. Harmony between the Intellectual Li[e 'and'Every-day Life The scholar must not live shut up in his study from morning to night. The humanist, the Christian scholar, is a person closely linked with human values in and around him; he should have contacts with the world of his fellow men if his learning is to be really a service of God. Christian Iearning, like prayer from which it should never be separated, is a diacony. Here again, Edith Stein has left principles of unifying action, theory which was practiced in her own existence as a scholar, within and without the cloister. She was well aware of the danger of intellectual aloofness as she shows by this extract from an article published in 1931: All of us who live in the universities absorb a little of the "type ot~ the intellectual". But we must be quite clear that this attitude separates us from the crowds. Outside people bat-tle with the daily needs of life in their manifold forms. As soon as we go out they confront us . We are placed among people ÷ ÷ ÷ Culture 173 whom we are meant to help in their needs. They ought not to think of us as strange beings living in an inaccessible ivory tower. We must be able to think, feel, and speak like them, if they are expected to have confidence in us . The intellectual can find the way to the people--and without finding it he can-not guide them---only if, in a certain sense, he frees himself" from the intellect. Here again we notice the principles of Christian soli-darity, humanity, service, and detachment: freedom from self for others. ÷ ÷ ÷ lean Leclercq REVIEW FOR RELIGIOUS 174 3. Harmony between Traditional Culture and Con-temporary Mentality This third dilemma is by no means the least which the modern scholar has to face.For Edith Stein, the patron of existentialism, as she has been called, it meant balance between the past and the present. The favored disciple of Husserl, translator of Aquinas, had to find a way of living progress; she had to realize the Bergsonian principle of progress: the past which advances and amplifies in the present as it'becomes the future. Her well-defined meth-odological principles (betraying an ascetically trained mind) enhanced and structured her art as a teacher and show how she combined the past and the present: Wherever scholastic arguments are our point of departure, we shall first present them in scholastic terminology. But in order to ascertain that we have grasped the actual sense of the matter, and are not just playing about with words, we shall seek to find our own terms, in which to render the pas-sages in question. While doing this we want to think together with the old masters in a vital manner; but not only with the old masters, but also with those who have resumed the ques-tion in their own way in our time . This is the necessary way especially for the present author, whose philosophical home is the school of Edmund Husserl, and whose native tongue, as far as philosophy is concerned, is the language of the phenomenologists. These only too few texts give us a glimpse of the mind and thought of Edith Stein. They hint at the way in which she strove to attain union with God through books and without alienating herself from her fellowmen. Any who is familiar with the work and life of Edith Stein knows that the application of these principles was not always easy: Edith Stein willed her way to holiness as a scholar; hers was no haphazard chance: she collaborated with divine grace with all the ardor of her semitic heart. EXISTENTIAL EXPERIENCE Nothing. happens by chance. Edith Stein contests the formula of Heidegger thrown into existence. In dense and direct sentences she attacks the weak spot of his ex-istentialist philosophy, she attacks the Geworfenheit: With this is expressed above all that man finds himself in existence, without knowing how he has come there . But with this the question of the "whence" has not been abolished. How-ever violently one may try to silence it or to forbid it as sense-less, it always rises again irresistibly from the peculiarity of hu-man being demanding a Being that is both the foundation of the former and its own foundation, needing no other, demand-ing the One who throws that which is "thrown." And with this the "being thrown" is revealed as creatureliness. In this text Edith Stein reveals herself to be truly a humanist: she has a keen and penetrating vision of the human situation. She writes with even greater acuity: The nothingness and transitoriness of its own being becomes clear to the Ego, if it takes possession of its own being by thought . It also touches it. through fear (Angst), which accompanies unredeemed man through life in many disguises ¯. but in the last resort as fear of his own non-being . How-ever, fear is not normally the dominant sensation (Lebensge- [iihl). This it becomes in cases which we describe as pathologi-cal; but normally we walk in great security as if our being was a certain possession . The reflecting analysis of our being by thought shows how little cause for such security there is in itself., the undeniable fact that my being is transitory., and exposed to the possibility of non-being is matched by the other, equally undeniable fact that, notwithstanding this transitoriness, I am and am kept in being from one moment to the other, and embrace a lasting Being in my transitory be-ing. I know myself held, and in this I have peace and se-curity- not the self-assured security of a man who stands in his own strength on firm ground, but the sweet and blissful se-curity of the child which is carried by a strong arm-~considered objectively, a no less reasonable security . Hence in my being I meet another, which is not mine, but is support and ground of my unsupported and groundless being. The dispositions of the unified soul of Edith Stein are revealed in the text we have just read where we notice the words "great security," "peace and security," "sweet and blissful security." The reason for this happy state does not lie in the Ego, but in the lasting Being whom we encounter when we enter deeply into ourselves. It is this encounter in man of God and man which should be the objective of every Christian scholar today, as in the Middle Ages. How can we come to recognize the supreme Being, He who is, in our own finite being? By reasoning or by faith: the latter was the way of the medieval monks; it was the way, too, of Edith Stein: The security of being, which I sense in my transitory being, points to an immediate anchoring in the last support and ground of my being . This is, indeed, only a very dark sensing, which one can hardly call knowledge . This dark sensing gives us the Incomprehensible One as the inescapably near One, in whom we "live and move and have our being," yet as the Incomprehensible One. Syllogistic thinking formu-lates exact notions, yet even they are incapable of apprehend-ing Him who cannot be apprehended; they rather place Him at ÷ ÷ ÷ Culture VOLUME 30, 1971 a distance, as happens with everything notional. The way of faith gives us more than the way of philosophical knowledge: it gives us the God of personal nearness, the loving and merci-ful One, and a certainty such as no natural knowledge can give. Yet even the way of faith is a dark way. This text shows how very close she was to her own age; she proves here that she allied the heritage of ancient masters with the modern mentality, more intuitive than that of Ancient Greece: the intelligence of Edith Stein was semitic, Biblical and it is this Biblical essence which makes her to be kith and kin with Medieval monastic humanists and scholars. THE SCHOLARLY NUN But there is more than a certain way of apprehending God which links Edith Stein to the monastic thinkers of the Middle Ages. Like them she renounced the secular seats of learning to give herself to God as a nun in a Carmelite convent. At first she gave herself entirely to the humble duties of a beginner in the monastic life; but later on, at the request of her superiors, she began to write and study again. One of her two works concerning mysticism has a very telling title: Kreuzeswissenschaft (Science of the Cross). It was written for the fourth centenary of the birth of St. John of the Cross, and in it we discern the insuffi-ciency of pure philosophical thinking for tackling prob-lems of mystical theology. There, too, we recognize Edith Stein--now Sister Benedicta of the Cross--the philoso-pher whose thought was always structured and subtended by rigorous methodological principles indicative of a dis-ciplined mind. A passage from the preface to Science o[ the Cross reveals this: In the following pages the attempt has been made to grasp John of the Cross from the unity of his being, as it is expressed ~n his life and in his works, from a point of view that makes it possible to envisage this unity . What is said there on the ego, freedom and person, is not derived from the writings of our holy Father John. Though certain points of contact may be found, such theories were remote not only from his leading intention but from his mode of thought. For only modern philosophy has set itself the task of working out a philosophy of the person such as has been suggested in the passages just mentioned. ÷ Once more we recognize the unifying [actor which was + characteristic of her own life; unity of being. And this + leads us to the last dilemma which we wish to mention. $ean Leclercq REVIEW FOR RELIGIOUS 176 4. Harmony between Personal Experience and Serv-ice The question set here is how to share with others what we ourselves may have received in prayer: how may we legitimately share with Others our own personal experi-ence of God who reveals Himself to mankind? Divine revelation needs to be grasped by the human reason en-lightened by faith. It is faith alone that allows us to suck the honey out of the hard rock of the Scriptures. Learning is a help to deciphei'ing the letters, bfit the real key to Scriptural exegesis is faith contained in a pure heart--blessed are the pure of heart, for they shall see God. But the talent received must not be buried, it must be shared with others. Edith Stein writes: It may also happen that a sort of "office of the keys" is conferred on individuals or groups which have received the gift of Scriptural exegesis . To these spirits is given the office to transmit the light they receive . It is their duty to accept the Divine mysteries. . with. a purified mind .and to take charge of them. Th~s also ~mphes preaching and interpreting the Divine Word. Corresponding ~o the different modes and degrees of hiddenness, there are different modes and degrees of unveiling, degrees of office. Conclusion: The Science of the Cross There could be no better summary of all that has been said in this paper. At all periods, there is only one Chris-tian humanism, one Christian way of uniting love of learning with desire for God: the way of the cross, the narrow door of self-denial, the existential imitation of Jesus Christ, God made Man. When a scholar converts to God, dedicates his whole mind and heart to God in the carrying out of his professional duties of study or teaching, then, and only then, will he be a light shining in the darkness. Edith Stein tells us what she means by sicence of the cross: If we speak of the Science of the Cross, this is not to be understood as science in the ordinary sense: it is no mere theory . It is indeed known truth--a theology of the Cross~ but it is living, actual and active (wirkliche und wirksarne) truth: it is placed in the soul like a seed, takes root in her and grows, gives the soul a certain character and forms her in all she does or leaves undone, so that through this she herself shines forth and is recognized . From this form and force living in the depth of the soul is nourished the philosophy of this man and me way in which God and the world present themselves to him. For Edith Stein, as for every great and holy scholar throughout the ages, faith in God and His mystery are primordial: Where there is truly living faith, there the doctrines of the faith and the great deeds of God are the content of life, every-thing else must take second place and is formed by them. This is holy objectivity (heilige Sachlichkeit): the original interior receptivity of the soul reborn of the Holy Ghost. Whatever is brought to her, this she accepts in the proper way and depth; and it finds in her a living, mobile power ready to let itself be ÷ ÷ ÷ Culture VOLUME -~0, 1971 177 formed, and unhampered by false inhibitions and rigidity . If the mystery of the Cross becomes her inner form, then it becomes the science of the Cross. This science is a night, an absence: if we accept to believe in the divine Crucified then our language is silence for "All speaking about God presupposes God's speaking. His most real speaking is that before which human speech is silenced." ÷ ÷ + lean Leclercq REVIEW FOR RELIGIOUS 178 MARY-ANGELA HARPER A Layman's Response to Contemporary Religious While post-Vatican II laymen bustle about the business of shaping their new, enlarged role in the contemporary Church, many members of another segment of the People of God, the consecrated religious, without much notice from their lay brothers, are quietlyteari'ng themselves to shreds by agonizing selbcriticism. The general cause of this self-destruction seems to be a fear that traditional religious life is anachronistic both in form and purpose. The only hope for survival, these religious have decided, is radical change. To the laity, this "change" has meant new habits and new names and more frequent socializing. For the reli-gious, the speci.fics of change fall into one of two categor-ies: (a) concern with structures and relationships within the community and (b) concern with the function of reli-gious within the Christian community-at-large. On the one hand, therefore, religious .struggle with such questions as size and government, and with legisla-tion pertaining to prayer, work, recreation, and dress. And they scrutinize themselves as individuals to verify their personal authenticity. The criteria for this verifica-tion are contemporary philosophical and psychological definitions of man which emphasize the affective dimen-sion and the primacy of interpersonal relationships in meaningful human development. On the other hand, religious seek to identify the shape and character of their activities in a newly-valued, post-conciliar world that contemporary theologians recognize as not only redeemed but continually sanctified by Christ who abides within it. A genuine Christian mission, they believe, must be one of real involvement with the nuts and bolts of everyday living and a rubbing of shoulders with lay co-workers in the apostolic field that is the world. To be Christian missionaries, then, religious cannot ÷ ÷ Mary Angela Harper is chairman of the philosophy department; Dun-barton College o[ Holy Cross; Wash-ington, D.C. 20008. VOLUME ~0, 1971 179 4" M. A. Harper REVIEW FOR RELIGIOUS ]80 live a less-than-human existence, above and apart from the rest of men. They must purge religious life of any alienating, stereotyped, and distorted image and of out-moded, restrictive characteristics such as traditional vows and lockstep community exercises. These must be re-placed by a new and more democratic concept of reli-gious community which allows each individual to de-velop his own capacities in freedom and love and by new forms of religious activity that permit creativity, sponta-neity, affectivity, and the celebration of a redeemed hu-manity. And all of this is taking place ~vith relatively little public notice or comment from the lay element of the People of God, for whose sake religious toil, and whose acceptance they seek. But more interestingly, these con-siderations, critical as they have been to religious, are of little pressing concern even to the better informed lay-men, who nnderstand and sympathize with the crisis in religious life. As laymen see it, the effectiveness (and, therefore, justification) of consecrated commitment de-pends not upon what religious wear, or what they are called, or on how they organize their daily lives. The layman primitively and primarily cares that religious con-tinue to achieve their unique, specific and indispensable mission--to point to God. Now surely it is presumptuous, if not absurd, for any-one to assume the position of spokesman for the laity-at-large. Every layman responds to the world and to people and to situations differently, depending upon the varia-ble factors of education, spiritual formation, and per-sonal experience. My own response to contemporary reli-gious is indeed conditioned by each of these factors. But it is also and especially determined by a specific view of our post-Vatican II world. The first statement pertaining to this contemporary Christian Weltanschauung main-tains that existence today is an organic, interpersonal complex, in which all individuals, loyal to their unique identities, nonetheless recognize that the perfection of this identity takes place in a process of completion by others. It is with others that each individual achieves his own identity, and together, by mutual interaction, that all attain the perfection of the whole that is our world. This is the characteristic of complementarity. But equally important is the correlative principle which maintains that this organic, interpersonal universe is sustained and vivified by belief in Christ who is God and in a divine kingdom in which humanity will be absolutely perfected. Authentic existence in the real world of today, then, is a life predicated upon interper-sonal cooperation, but simultaneously upon co-commun-ion in Christ as a pledge of the Parousia. All the People of God are bound together by a recognition of the neces-sity of others, which is reinforced and transfused by Christian love--the giving of the self to achieve the oth-er's perfection in Christ. And each thus con.tributes to the integral and absolute perfection of all in the kingdom of God. Now, if this "new look" of a nearly 21st century world turns on such an enlarged principle of complementarity, and if a meaningfully contemporary Christian world is a complex of Christ-loving, kingdom-seeking, mutually per-fecting human spirits, then distinction and difference is as significant as unanimity and wholeness, because with-out these characteristics, we might achieve fusion, but never complementation. Moreover, a lack of unique perfection in any individ-ual component in this interconnected, organic complex, is a loss, not only to the totum, but to all others as individuals. This was the message of Henri de Lubac ten years ago when he wrote of the Church as the "corporate destiny of mankind," and explained that "in the measure of [each one's] strength and according to his own voca-tion- for the gifts of the one spirit differ, and in the unity of one same body, each member has a different function--leach] will labour heart and soul to achieve it. If he fails fall] will feel it as a wound in [their] own flesh." 1 The uniqueness of the individual contribution gives a specific character to the whole Christian commu-nity which cannot be replaced by another. And the perfection of one is the perfection of all. And this is the message today when we use the term witness to identify the Christian mission in a post-Coun-cil world. William J. Richardson, S. J., has analyzed the contemporary notion of witness~ and notes that it "in-volves a double communion--communion, between the witness and the truth, or person to which/whom he testi-fies; [and also] a communion . between the truth/per-son and the tribunal or persons before whom the witness testifies." This double communion is suggested by the formulae being witness and bearing witness. To be a witness, Father Richardson says, is to be so identified with a person or truth that to deny these would be to deny oneself. Moreover, "the quality of witness will be measured by the intimacy of the union between the witness and the one to whom he testifies, the extent to which they become one." To bear witness is to share this person with other per- ¯ Henri de Lubac, S.J., Catholicism (New York: Sheed and Ward, 1958), p. 31. 2William J. Richardson, S.J., The University and the Formation of the Christian, an unpublished manuscript, copyrighted by the author, 1958. ÷ ÷ Layman's Response to Religious VOLUME 30, 1971 18! ÷ M. A. Harper REVIEW FOR RELIGIOUS 182 sons. And the result of the sharing is that the witness thereby grows more deeply in the communion himself because, within an interacting complex, he now contacts this reality through the communion of others which was heretofore denied him. All witnesses, therefore, enrich one another within the organic whole that is the testify-ing community, and achieve growth and perfection by an interpenetrating exchange of individual identity and meaning. Should the uniqueness of the individual be less-ened or lost, however, the totum would suffer irreparably. In terms of witness, this presence, this communication of meaning would be denied to the Christian community, which becomes radically impoverished. Now, what is the witness of consecrated religious? What do these men and women offer the Christian community and to each individual within it that is unique and indis-pensable, and without which each of us would suffer? Consecrated religious are witnesses, par excellence, to the Pilgrim Church, and to the truth that the Christian com-munity is, in fact, on its way to Almighty God. As Sidney Callahan has observed in Beyond Birth Con-trol, 3 present existence is 9ctually a life of incomplete-ness; perfection and completed history await the Parou-sia. "Those who choose [consecrated religious lives]", she says, "live the sign of incompleteness, of fulfillment to come, of aspiration to a more complete community and pe.rfect unity." By our own distinctive form of existence, we, the laity, witness to a restored creation which James O'Reilly ex-plains in "Lay and Religious States" 4 reveals "the power and goodness of business, marriage ~nd freedom [to] carry us toward the kingdom." By virtue of their distinc-tive state of life, consecrated religious witness to "the limited character of the goodness of property, of spouse [and] of liberty." ~ They give witness to the truth that although possessions and ownership, marital love and total psycho-physical unity, unlimited movement and op-portunity, are good, God is still better. No matter how intrinsically valuable these considerations may be, they do not suffice of themselves to bring human existence to completion and perfection. This can only be achieved by our releasing control and, in Father O'Reilly's words, letting the world "slip into the hands of God," 6 who saves and completes and perfects. Consecrated religious help us laymen to loosen our hold and to let go. 8Sidney Cornelia Callahan, Beyond Birth Control (New York: Sheed and Ward, 1968), p. 80. ~James O'Reilly, "Lay and Religious States," REviEw fOR REU-GiOOS, v. 27 (1968), pp. 1027-52. Ibid., p. 1051. Ibid. Such a minor miracle is wrought by their reminder to us of our need to be pilgrims. And this they effect by their public vow of total commitment to a communal life manifestly lived in poverty, celibacy, and obedience (or whatever language they choose to signify these realities), which reinforce in us the truth that one gain~ by giving. We, who behold such a commitment, and recognize it as the foundation of all human religious development--and who may even be living these values, though in a less concentrated, less explicit form--we look to religious for inspiration and for guidance. And by their spirit of sim-ple frugality, availability, and openness, they sustain us in our efforts to rightfully enrich this world, and to de-velop and fulfill our human personalities, but with hearts turned heavenward. To this end, religious provide us with a working model of persons-in-c~ommunity and of a united humanity. In the day-to-day liv.ing of this value, they confront us with the actual experience of availability and generosity which reminds us of our need for others, and of our obligation to care and to spend ourselves for one another. By their refusal to seek perfection in isolation, manifesting instead responsibility for others within (and beyond) their com-munity, they instruct us that the meaning of authentic human freedom involves limitation and amounts to de-termined- indetermination. And by refusing to choose those with whom they live on the basis of common inter-ests or congeniality, they instruct us that the comm~unity of man must be a gathering together, not for personal gratification, but rather to share and reenforce one an-other in the love of God. Consecrated religious help us to reconcile apparent conflicts between the human and the divine by their pure, simple, and direct vision, which embraces both man and God in a single gaze. And by their evident spirit of prayer, they redirect our consciousness, not exclusively outward to legitimate worldly cqncerns, but inward to the center of our being, where we contact ourselves most truly, and discover here that our own meaning is rooted in a divine source. And they bring us a joy that seems to us to shine forth from the wellsprings of their personal communion with the divine; and we warm ourselves in its brightness, and feel it, somehow, transform us. Nor are these merely psychological phenomena, wrapped around us like a security blanket. We are, I think, well adjusted, often well educated laymen, quite convinced of our dignity as laymen. We are not having an identity crisis. In fact, quite to the contrary, we have discovered ourselves, and the significance of our roles as mature Christians, for the first time in history. But we also believe in the necessity and intrinsic value of a reli-÷ ÷ ÷ Layman's Response to Religious VOLUME 30, 1971 183 + + 4. M. A. Harper REVIEW FOR RELIGIOUS ]84 gious liIe o[ total commitment to God. We acknowledge the indispensable contribution it makes to the Christian community and sincerely belie;ce that this contribution depends upon the preservation of its unique sign-value. Moreover, we hope that it will be meaningfully and truly implemented. Such "true" implementation, in the mind of the lay-men, involves certain conditions, however. First of all, the laity expect religious to be honestly poor. Such pov-erty the layman does not confuse with destitution, but rather understands as involving what the Duquesne Uni-versity Institute of Man program refers to as a "respectful use and celebration of things natural and cultural as gifts of the holy." We appreciate the fact that books, facilities, time, and recreational opportunities are necessary for the religious to function professionally. But we also expect evidence of what Ladislas M. Orsy, S. J. calls "the effica-cious desire to give away [everything] in the name of God's kingdom." 7 All this world's bounty,, therefore, could be employed naturally, intelligently, and happily, but with the evident and effective intention of always viewing the acquisition and use of created goods (including the self) in the con-text of community. Moreover, this intention would em-brace a life-style modeled on that of Christ Himself, whose life was one of frugal simplicity, of reverence for creation, and of availability to all men. Secondly, the laity respond appreciatively to the celi-bate state when it is conceived (to borrow again from the Institute of Man) as involving a "respectful love of self and others as uniquely called and graced by the Sacred." Such love would seek to establish r.elationships of friend-ship with fellow religious and laity, and these would be humanly warm and expressive and unstrained by old fears of compromise and contamination by sexual compli-cations- phobias that have happily been laid to rest.It would presuppose a genuine rejoicing in the goodness of the lay role and the married state and preclude an artifi-cial hierarchical understanding of vocations or distorting comparison of functions based on measures of perfection. And, of course, it would thoroughly dispose of any "mys-tique" of religious life. Celibate love knows that each state of life is necessary to the other, and that each develops in perfection and grace in terms of its counterpart.8 It understands that re-ligious and laity must be wholly open to one another as persons in our contemporary Christian world, because 7 Ladislas M. Orsy, S.J., "Poverty in the Religious Life," REVIEW FOR RELIGIOUS, V. 26 (1967), pp. 60--82. sSee David B. Burrel], C.S.C., "Complementarity," REVIEW FOR RELIGIOUS, V. 26 (1967), pp. 149-60, for a discussion of this point. this is the sine qua non of both human friendship and Christian love. To this end, it welcomes opportunities to join the laity in their homes for occasions of social sig-nificance, and also cordially unlocks the cloister doors so that laymen may breathe of the spirit that uniquely dwells there. But in all these interpersonal relationships, the laymen expects that celibate love will be permeated and directed by a necessary wisdom which is sensitive to the priority of God's relationship to each soul, and efficaciously con-cerned not to frustrate God's plan for it. Thirdly, laymen expect religious, whether they be "subordinates" or "superiors" (or whatever new titles they use) to live a life of genuine obedience. Such a life is nurtured and guided by a r~spectful alertness to what the Institute of Man calls "the dynamics of the life situation as a temporal and local manifestation of God." This means that all elements of a religious community must be finely tuned-in to the real and concrete and changing needs of the world and the Church. It means, in fact, redefining obedience as the act of listening--listening to the will of almighty God making itself explicit through the Scriptures, indeed, but also through the events of the world, the activities of daily living, and through personal contacts with us laymen. In the light of this concept of obedience as listening, the specific authority structures of a religious community seem to us relatively unimportant. What matters is that all members, including "superiors" (and presumably there will always be someone who formally accepts re-sponsibility for the community), to appreciate the neces-sity of others in the decision-making process. They must understand that this imperative follows from the incom-pleteness of any individual in value and operation, and from everyone's need for complementation and perfect-ing. Finally, but actually firstly, the laity expect consecrated religious to be men and women well versed in the art of prayer. We have observed that their prayer life produces an intimacy .with almighty God that penetrates their whole being; and we have often experienced the truth that contact with them is a happy, homely contact with the Divine. Somehow, laymen find it difficult to speak easily or publicly with loving familiarity of God, and tend to tuck Him away for private moments. Yet our hearts respond with almost childlike delight when reli-gious women and men effect His presence in our midst by their relaxed reference to the divine Person who is their friend. But His presentation must also be honest. He must be there as the genuine beloved, or the introduction will .generate resentment and distrust and even, some-÷ ÷ + Layman's Response to Religi'ous VOLUME ~0, 1971 ÷ ÷ M. A. Ha~per times, contempt. And, of course, regular, vital, personal prayer makes the difference--prayer for which action is no substitute. But laymen do expect religious to be action people as well. They expect to find religious present in all situa-tions of want, be these physical poverty, or infirmity, or social injustice, and to support the laity in their human commitment to one another. Moreover, we welcome them to work alongside us in our professions, which we hope and anticipate they will competently enrich by their unique intimacy with and witness tQ. Christ. In all these activities, however, we ask the consecrated religious not to blur their identity with ours. Such blur-ring does not necessarily take place by their choosing ordinary lay clothing instead of traditional habits, though many laymen appreciate some sort of identifiable although contemporary dress or insignia for professional or public appearances, and the reserving of anonymity for private occasions. More to the point is the signaling of God's kingdom mentioned before--the "pilgrim witness" which per-meates the entire personality of the consecrated religious. In the rhythmic, interpenetrating flow of action between the human and the divine in all Christian lives, the lay-man publishes and protects the human. But it is the consecrated religious who points to the divine, and who must give this sign the highest visibility. In days gone by, such visibility was carefully prescribed by rules which governed all aspects of religious life, in-cluding prayer, dress, and general decorum. Today it is a matter of individual responsibility, and each religious must seek ways to radiate God in his own life, and by his own style--a difficult project, indeed, with the old guide-lines gone, and none very clear or precise to take their place. No wonder there have been dark moments of con-fusion, insecurity, and doubts. And the worst may be yet to come as religious-in-transition continue to probe and test their inspirations. During all their struggles, however, we laymen want religious to trust and draw strength from our loyalty and devotion, and from our great confidence that religious will solve their problems and, in their own proper way, continue to mature in Christ. But, most importantly, on every occasion of solicited or unsolicited criticism from us post-Council laymen, we want religious to understand and believe how humanly and eschatalogically, but uniquely, we need them! REVIEW FOR RELIGIOUS 186 BENEDICT M. ASHLEY, O.P. Toward an American Theology of Contemplation Introduction In* the process of renewal of religious life in the United States no question is more polarizing than the role of "contemplation" in religious life today. Some-how Americans have always had difficulty about this question. At the time of the confused "Americanism" controversy in the 1880's, among other errors supposed to be prevalent in the American Church Leo XIII con-demned the emphasis on the active rather khan the con-templative life.1 In a recent history of the Dominican fathers in the United States, The American Dominicans, Father Reginald Coffey has made very clear how the attempt to transplant the Dominican ideal of "contem-plata aliis tradere" ran into astonishing difficulties which have never been resolved after 170 years of earnest effort.2 What is true of the Dominicans. can be paralleled in most of the other" religious orders who came to this coun-try. We cannot ignore this experience, nor assume that the difficulty has arisen because we just have not tried hard enough. Perhaps the reason is that we have been trying to do the impossible and have not had the intellectual courage to think the whole matter through to a better and more practical solution. We have tried to import into American culture a mode of the awareness of God * This article is based on a talk originally given to a meeting of the Dominican Education Association in Atlantic City, April 2 1970. 1See T. T. McAvoy, C.S.C., The American Heresy in Roman Catholicism, 1895-1900 (Notre Dame: University of Notre Dame, 196~). ~Reginald Coffey, O.P., The American Dominicans (New York: St. Martin de Porres Guild, 141 East 65th St., 1968). 4- Benedict Ashley, O.P., is a member of the Institute of Religion and Hu-man Development; Texas Medical Cen-ter; Houston, Texas 77025. VOLUME 30, 1971 187 B. M. Ashley, O.P. REVIEW FOR RELIGIOUS 188 which arose in European culture and which can be achieved in our culture only with strain and artificiality. After all, God reveals Himself to men in the way that He chooses; and He ordinarily chooses a mode of revela-tion suited to their concrete experience and style of life. If contemplation is to be vital for us it must arise from a contact with God present in our world, not in the world of the 13th century, nor the 17th nor the 19th, nor in an artificial world created by a romantic love of the past. Just as we realize there is something decadent in building Gothic churches as if God could only be found in a particular style of architecture, so it is deca-dent to seek a form of prayer in a style of life that is only artificially re-created. We need to study our own culture and see whether in its system of values there is room for an authentic contemplative life. Pragmatism The United States of America as a people began with a theological conception of its mission. Our most influ-ential founders saw this country as a promised land, "the land of opportunity" in which God had given mankind a new chance to realize the kingdom of God, freed from the traditional compromises which the Church had made in Europe with tyrannical monarchies.3 This conception of mission was reenforced by the ac-tual experience of the pioneers in possessing the land, then of American government and business in applying scientific methods of organization and technology to the control of the environment and to the mass education and human development of the people. These experiences have given us a particular under-standing of what truth is. Our most dominant philosophy under thinkers like James, Peirce, and Dewey expresses this idea of truth as.pragmatic or instrumental. Some have understood this philosophy to mean that truth is valuable only as a practical instrument. A study of Dewey will show that this is a misunderstanding. Americans do not limit truth to the role of a mere tool of action, but what they say is that unless truth is effective, unless it leads to change, to growth, to progress, to the liberation of man, it cannot be genuine truth. It follows that the traditional Greek idea of "contem-plation" is very hard for an American to grasp. What do you contemplate? If it is the world or ourselves, then to know the world and ourselves is to see something that ~On the concept of an American theology see the symposium Projections: Shaping an American Theology [or the Future, ed. by Thomas F. O'Meara, O.P. (Garden City: Doubleday, 1970); and Herbert Richardson, Towards an American Theology (New York, 1967). needs to be improved and freed from its restrictions. If you say we contemplate God, then the American says: "Why should I look at God from a distance? If I really engage God as a person, then we must do something to-gether. Surely God is not idl~. To be with God is to engage with Him in His work, and His work is with His world and the people who are His people. We can understand working with someone, we can understand playing with someone, but just looking at some one. !" Tradition Americans experience the past as something foreign (Europe, Mexico, the Far East). As such it fascinates us, and the world is filled with American archaeologists and anthropologists and historical researchers digging into the past and the primitive. But the value, of the past for us is that it tells us "how far we have come" and encourages us to change even more. It does not set for us a norm or a stamp of approval on what we are now doing. In fact, we are inclined to be uneasy if we realize that we are still doing what men found useful in the past. If it was useful then, surely it can be only a hindrance now when we live in such a different age. When we do admire something traditional it is precisely b~cause it is still a success. We marvel that its originators could have been so foresighted, but there must be experiential proof that it still works. From this point of view a young American religious can admire the founder of his order for being so "mod-ern" in the sense that for his times he was forward-look-ing. But the reason, above all, that our vocations are few and that so many younger people leave is that it appears to them that the religious orders are not preparing for the future. To speak to persons of this mentality about the "nnchanging essentials" of religious life. and its time-tested means of silence, cloister, Office, and study that have produced so many saints in the past, is precisely to confirm their greatest fear that their order lives in the past. A young Dominican I know once said: "Our Order is no longer the Order of Trutk, since if it possessed the Truth it would be changing to meet the future. Truth is the capacity to change for the future." Thus, if contemplation is a call to withdraw into the silence of the cloister, to spend much of the day in the chapel at Office or in the library studying the documents of the past in order to occasionally preach a sermon or deliver a lecture, it is not easy to see how this fidelity to the "tried and true" methods of tradition is anything but a "cop-out" from problems of the present. It is worse than taking drugs, because the use of drugs is turning people on to new experiences, while the old monastic ÷ ÷ ÷ Contemplation VOLUME 30~ 1971 189 B. M. Ashley, O.P. REVIEW FOR RELIGIOUS methods seem in actual fact to close people up in stale routines. Prophecy There is a kind of divine truth which the American mind can appreciate, the truth of prophecy. Authentic prophecy, in Biblical terms, is an interpretation and criticism of the present, which also has the effective power to produce the future. It is a call to man to act in co-operation with God, and it announces the doom of him who hesitate~. It is a pragmatic truth in the deepest sense. Writers on contemplation generally emphasize that it is a receptivity or openness to transcendent reality. With-out this receptivity human activity becomes feverish, shallow, and ineffective. I think Americans respond with real understanding to this concept of openness. It is no accident that our country has produced in the psychiatrist' Carl Rogers a remarkable exponent of the "art of listen-ing" who has shown that the basis of all human life is the capacity to be really open to the communication of another person, a communication deeper than mere words.4 But notice the great difference between the American idea of openness and receptivity and that of the monastic tradition as we have ordinarily tried to live it. To be open in the American sense one has to be in the midst of the world and of persons, in the situations where peo-ple are interacting and where God is bringing people together. The monastery seems ideally designed to close people off from one another, and hence to God. What the American tends to see in the monastic tradi-tion is essentially a dualism. There is a dualism of the body and the mind, of matter and spirit, of the world and the cloister, the secular and the sacred, the active and the contemplative. What he protests against is not the mind, the spirit, the cloister, the sacred, or contem-plation, but a tradition which seems to force us to di-chotomize these and to prefer one to the other, or even to make one the basis of the other. The American be-lieves that there must be a contemplative, receptive ele-ment in communication but it is part of a rhythm of action and reception, of interaction. It makes no sense, therefore, to argue that "we contemplate in order to give to others." The giving and receiving are joined in a single activity. We are learning about reality as we act to change it or to communicate with it. *Carl R. Rogers, On Becoming a Person (Boston: Houghton Mifflin, 1961), Chapter 1: "This Is Me." Criticism I think I have said enough to show why the.terms in which traditional books discuss the problem of contem-plation make little sense to young Americans and, I would think, to young Europeans also, because in this the American style of thought has taken a lead throughout the world. It is not true, however, that Americans accept this pragmatic attitude without criticism. To see the need of prophecy as a criticism of our times entails also an attitude of self-criticism. In this the American fondness for depth-psychology, "group dynamics," and "sensitivity training" is characteristic. Americans are seeking a pecu-liar mode of asceticism which involves an exposure of hidden motives to the scrutiny of others. The American is haunted by the fear that he cannot change, that he cannot grow because of fixations, because of blindness and illusion. He is anxious, therefore, to uncover in himself the obstacles to growth. At the present Americans are engaged in-deep self-criticism. We realize that in one sense and paradoxically we are the most conservative country in the developed World. The rapidity of change in the United States has driven the "silent majority" of our people into a defen-sive position. The silent majority (if it is that) iti our religious convents is only a reflection of that frightened conservatism which pervades the whole of American so-ciety. This has produced an atmosphere which is near panic and despair. Americans are deeply frightened that at this moment when we feel so desperately the need to meet the future we will be unable to do so, that we are already locked int6 structures (which we ourselves built) and which we cannot dismantle rapidly enough. The racial problem or the poverty problem in the United States is typical. All of us, even the most conservative really admit that racial discrimination and poverty must go; but we are afraid that the strains of accomplishing this will be more [han we as a society can undertake in a short time, and that tomorrow it will be too late. This self-criticism is, therefore, terribly urgent for the American, and it must be radical. It cannot simply be a matter ~f "adaptation," nor can it be a matter of changing the "accidentals" and retaining the "essentials." We do not think in those terms. What we need, we think, is a new model. It may retain many features of the old, but it must constitute somehow a new response to the future. This entails the serious consideration of whether we should retain the traditional forms of religious life or whether it is necessary to begin new ones. This does not entail, please, notice, that Americans ÷ ÷ ÷ Contemplation VOLUME 30, 1971 191 ÷ + ÷ B. M. Ashley, O.P. REVIEW FOR RELIGIOUS a priori want new and American forms of religious life. Our pragmatism is deeper than that. We are perfectly ready to keep the existing orders if they are el~ective, but not otherwise. Inherent in this self-criticism is also the growing reali-zation that American culture is itself quite sick, and that one of its deep sicknesses is activism. Throughout Amer-ican culture in the most unlikely places there is a strong reaction against pragmatism cbnceived as a religion of success and material productivity. These are seen as de-humanizing, as reducing man to a servant of the ma-chine, of things. Thus American pragmatism is taking a new and purified form. It is still a conviction that truth must be effective, but the effect sought is not material; it is rather to be judged in terms of "the quality of life," a widened and deepened experience, a more intimate communication with other persons, a freer realization of man's creative potential. Experimentalism The outcome of this is that young Americans are looking hopefully to pluralism and experimentalism. Theologically this is understood by many young Catho-olics as the liberating work of the Holy Spirit who dis-tributes His diverse gifts to individuals and groups. In religious life this means a diversity of "life-styles" and apostolates. The danger here, of course, is that the unity of a religious community will be completely disrupted. Sociologists are among the first to warn us that the weak-ening structures and symbols of group unity may render a community completely dysfunctional. However, the advocates of this pluralism and experi-mentalism join it with an insistence on communica-tion, evaluation, feed-back: They do not propose a proc-ess of splintering, but rather a rhythm of changing life in which forms are developed through an interchange of experiences and ideas, and then constantly revised in view of ongoing experience and new ideas. In such a conception it becomes hopeless to talk about "essentials" and "adaptations," and the discussion rather takes the form of talking about "the enrichment of values." The Basic Question Perhaps nothing is more crucial in "this question than the diagnosis which each side makes of the "signs of our times." A recent writer on the renewal of religious life, while conceding many pgsitive aspects to the present sit-uation, singles out as our deepest sickness our secularism, and "insensitivity to the transcendent." ~ This means that for him God is primarily the transcendent, and that He is to be found, therefore, by the various monastic tech-niques by which a man turns away from the noise of the world to the silence beyond the world. This, however, is the very point in question. Is God to be known primarily as "the transcendent?" He may have revealed himself in the monastic period" of the Church primarily in that way, and through the practices of silent and cloistered meditation. But is this the way that He has willed to reveal Himself today? After all, to accept an historical view of revelation as most theologians do today, also entails the conviction that God reveals Him-self to men historically in a way specific to the time. Our problem becomes, therefore, to search for God to-day where He reveals Himself and according to the man-ner in which He, as Lord of History, dictates, not ac-cording to some tradition, however venerable. Our younger people have the conviction that somehow this point of revelation is precisely in the secular, in the pov-erty and the need of our world. This need felt by the world is not an explicit religious need. Rather it is a simple human need of justice, of love, and of peace, but it is authentic need, and that is why God is to be found there. After all Jesus Himself said: "I was poor, hungry, ¯ naked, and in prison, and you did not visit me." ¯ Receptivity Are we then to lose ourselves in meeting the social problems of our time? Is there not a real danger that tak-ing the form of our life from the apostolate we will simply become humanitarian activists? We already see many who are leaving religious life to engage themselves as lay persons in the problems of the world and who in a short time seem to have lost all prophetic sense and simply to have succumbed to the dead routine of com-mercial society. How then can we develop a sincere re-ceptivity to the word of God? It appears incredible to our younger people that this is to be achieved by a return to "conventual life" in its monastic form. Nothing in their experience points this way. Nor do they see in us older religious very convincing proofs that this type of life has in fact made us receptive to what God is doing today. Rather they see that the conservative advocates of regular observance were and are closed to the work of the spirit which has manifested itself in Vatican II in a manner whose authenticity cannot be mistaken. ~Valentine Walgrave, O.P., Do~ninican Self-Appraisal in the Light of the Council (Chicago: Priory, 1968), pp. 112-20. ÷ ÷ + Contemplation VOLUME 30, 1971 193 ÷ ÷ ÷ B. M. Ashley, O.P. REVIEW FOR RELIGIOUS The first step, therefore, to a renewal of genuine re-ceptivity to the Spirit, to authentic contemplation, is an awakened sensitivity to the world's needs, to the 15resente of Jesus in the poor, the suffering, and the despairing. There is, however, a danger that concern for social ills will become a mere "cause," an abstract party ideology little concerned with real people, as Marxism has be-come. To be Christian this concern for the poor and re-ceptivity to their needs must be brought close to home and must become a receptivity to the persons in our daily lives. Hence, we cannot achieve a renewal of the contemplative spirit unless we begin with an increased sensitivity to the human needs of those around us, an openness to dialogue, a freedom of communication. This ability to hear others and to respond to them is hindered by our own lack of self-understanding, which al-lows barriers of communication to grow within us. In the past these walls against others have actually been reenforced by the conventual observances so that nnder the guise of seeking to be more receptive to God we have closed ourselves off to our neighbors. The parable of the Good Samaritan summarizes the tragic fact that religious purity can be an excuse for "passing by on the other side." This growth in self-understanding can, of course, lead to self-centeredness, just as the practice of meditation and examination of conscience sometimes did. The remedy for this excessive subjectivity is study. Books cannot sub-stitute for experience, but experience in interpersonal re-lations does not necessarily produce deeper insight unless it is accompanied by study. If we are to be prophetic men and women we must make use of all the knowledge ¯ ~hich modern science furnishes to help us understand man and his condition; and we must push this explora-tion to its philosophical and theological depths. Perhaps our greatest danger at the moment is to settle for a psy-chological view of man which is positivistic in character and which does not push behind positivist assumptions to the basic problems of human existence. When we speak of study, however, it cannot be a study of texts. In America today, more and more the advance of learning is pulling itself free from the printed page and is becoming a matter of the laboratory, the clinic, the symposium, the workshop. A group of men and women, therefore, who are to be a community of study today will not look like a monastic library or scriptorium; but it will be in constant contact with the gathering of empirical data and the debating of theoretical hypotheses. Because in our times a prophet must also be deeply involved in professional life, he can become overly cere-bral, a human computer. He must fight free of getting trapped in the narrow world of scientic and technological rationalism. If religious life is to foster a prophetic open-ness to reality, it must not reduce our energies to the lim-its of efficient work and productive routine. The esthetic, creative, and spiritual components of human personality must be awakened and developed. The dualism which infected Christian asceticism in the past often led to an atmosphere in which we became closed to all reality which threatened the arousal of our emotions. A certain type of Thomism closed us up in a tight world of defini-tions and classifications that excluded much of God's world of beauty, mystery, and experiential insight. If we are to be open to the prophetic Spirit we must make place in our lives for genuine celebration, the praise of God in His world. The Divine Office originated in such a spirit of praise, but that does not mean that it is today a genuine celebration. Nor are we sure that it can be. In any case we have the obligation to find a way to celebrate our community life in God if we are to be a prophetic community. American life today in a country that possesses half of the world's wealth is clear proof that our riches, which could be the solution to world poverty, are the chief cause of our apathy to poverty. This is true also of our search for security in sex and family, in personal au-tonomy and professional competence. We cannot criti-cize this idolatrous American search for security if our conventual life is itself aimed at security. Thank God, we are becoming insecure! Our decline in vocations is forcing us to liquidate our property and to face a doubt-ful future. We are frightened by the decline in apprecia-tion for celibacy. Is not this the payment for our lack of poverty? If we have a genuine eschatological sense of the urgency of the world's problems--if we were expect-ing to go to jail soon for our share in the revolution-- then celibacy would become very logical. This is true also of obedience. Obedience makes-sense when it is a response to a leadership ready to risk all. American Monasticism Does all this mean that there is no place in American culture for monks or nuns devoted to the contemplative life without an exterior apostolate? The life of Thomas Merton was a sign for us that such a conclusion would be too hasty.0 Americans dislike the ancient dualism be-tween contemplation and action, but they do understand the principle of specialization. If contemplation as a ~ Thomas Merton, Contemplative Prayer (New. York: Herder and Herder, 1969). 4- 4- + Contemplation VOLUME 30, 1971 195 ÷ ÷ ÷ B. M. Ashley, O.P. REVIEW FOR RELIGIOUS 196 value is to be vigorous in American life it must have its specialists. We look to such specialists of contemplation, however, for a pragmatic demonstration that is convincing to our times. Merton provided such a test by showing that his life in the hermitage had made him more sensitive to the problems and opportunities of our times than most of us in active life. If the cloister is to draw young Americans, it should not offer them a retreat from the world, but a place to confront the issues of our time in an intense encounter where every illusion is stripped away. Most of us see our times through the TV screen carefully in-terlaced with commercials whose message is middle-class complacency. If we are to have cloisters, they must be places in which contemplatives look reality square in the face. Far from destroying the monastic tradition this would be a return to its original inspiration which, according to Father Bouyer, was not to escape the world and its evils but to confront them in the desert of unflinching truth, like Jesus "who was led into the desert by the Spirit to be tried by the devil." 7 This requires a rethinking of the traditional monastic means of silence, choral prayer, discipline, and the clois-ter so as to make these truly effective means to a profound self-knowledge, a knowledge of ourselves not cut off from the world, but as responsible for it. It means too that the insight achieved must be shared with others by modes of communication that are effective in our society, and it is here that the deep American interest in com-munications verbal and non-verbal must come into play. The Active Religious Communities Those religious communities dedicated to an active exterior apostolate, if they are to root that apostolate in the authentic receptivity of spirit required to hear the word of God calling to us from crisis situations, need to get to work on the following objectives: 1. Our first objective must be to locate and operate our communities in situations where we will be forced to confront the problems of our time. We must seek a form of life which does not permit us to protect our-selves by false securities from the urgency of the situa-tions which make a prophetic witness a constant demand upon us. Our obedience, chastity, and poverty must be-come functional because they are necessary for us in our r Louis Bouyer, The Spirituality of the New Testament and the Fathers (New York: Descl~e, 1963), especially Chapter 13: "The Origins of Monasticism," pp. 300-3. state of emergency. Our security must be in faith and hope in God alone. 2. Our next objective should be to support each other in this common emergency through a community life that is based on a spirit of openness, receptivity/and di-alogue. A pluralism of life styles and points of view must be combined with a vigorous effort for greater unity .through experiment and dialogue. We must encourage the emergence of leadership, and we must foster the gifts of the Spirit in each member of the community. 3. We must break through the current tendency to faddism and a superficial copying of the techniques of scientific positivism to a deeper, prophetic understanding of man and his problems in the light of the Gospel. This demands that our communities be places of research and study where people of different experiences and compe-tencies can meet to raise penetrating questions and en-gage in mutual criticism of opinions. 4. In order to achieve this openness and to be able to meet the conflict involved in the clash of opinions and tendencies we must in our communities seek a profound purification of the spirit. We should not neglect the techniques provided by modern psychology'and sociology to help us overcome immature and prejudiced modes of thinking, feeling, and acting. Beyond this we must by a disciplined simplicity of life and by personal and com-munity prayer open the way to the action of God's grace. 5. We must find the courage for this renewal in a spirit of celebration of the presence of God in the world and in our community through liturgical prayer and through a genuine enjoyment of friendship in the com-munity and with those we serve. The Eucharist and the praise of God must become for us the fundamental life styIe which unites us in a pluralism of expression and activities. Some will ask: When in all this complex of activities will we come face to face with God, alone and in silence? Can there be genuine contemplation without this naked confrontation? There cannot be. But it is God Himself who calls us to face Him. If He does not call, then we cannot find Him. Therefore, the beginning of our contemplative re-newal must be to answer Him where and when He calls ÷ to us. It seems that today in the United States God is ÷ calling us not in a silent cloister, which is hardly to be + found, but in the situations of fear and doubt, in the desert of alienation, and at the gates of hope where Jesus stands side by side with suffering men and women. We must meet Him there with faith. It is my belief that a religious community which takes this step will be Contemplation VOLUME 30, 1971 197 more truly obedient, chaste, poor, charitable, studious, prayerful, receptive of God's word, and urgently driven to bring God's word to others in their need, than a com-munity which applies itself to some illusion of con-ventual observance. What then is my conclusion? Our American experience shows a great need today of a prophetic mission which will enable men to find God at work in the critical situations of our society. No doubt there is also need of men and women who so feel the urgency of this pro-phetic task, that they are willing to put aside economic, family, and individual securities, to work as a commu-- nity to help the larger community of the Church per-form this task better. Such a community cannot fulfill its prophetic mission unless it is deeply engaged in the world's problems, but it cannot be content to meet these problems superficially. It must penetrate them to the deepest level where God reveals Himself. This implies a search for God in our life together in tl~e world made ever more profound by study, dialogue, discipline, prayer, suffering, and celebration. ÷ ÷ ÷ B. M. AshleT, O.P. REVIEW FOR RELIGIOUS 198 BERNARD VERKAMP Cultic Purity and the Law,of Celibacy The situation as a whole of the early Church, Jean Paul Audet has noted, was one of tremendous simpli-fication. 1 With this simplification came a general flexi-bility, which also found expression in the early structures of the Christian priesthood. Both in the service of the gospel and the ecclesia, the early Christians broke out of the fixed patterns of a sacral priesthood, and freely adopted whatever structures most suited their work." Thus, to come to the subject of our present concern, while some chose to leave their wives or husbands, others, the majority, continued to pursue their mission out of the context of a married and home life.s What is most sig-nificant, however, is that neither one nor the other style of life was thought to be, in itself, incompatible with service. Both were viable options. And such was to re-main the case throughout the first centuries of Christi-anity. In the year 305, however, nineteen bishops from differ-ent parts of Spain gathered at the Synod of Elvira and issued along with various other very stringent measures,4 the following canon touching upon the marital status of the clergy: Placuit in totum prohibere episcopis, presbyteris et diaconi-bus vel omnibus clericis positis in ministerio abstinere se a 1 j. p. Audet, Structures of Christian Priesthood, New York, 1968, p. 80. "~ Ibid., p. 79. ~ Ibid., p. 41. ~ Canon 13 states that a virgiu consecrated to God and committing a carnal sin could receive communion only at the end of her life and after perpetual penance. Bishops, priests, and deacons detected in fornication were, according to Canon 18, to be denied communion for the rest of their lives. And, according to Canon 71, pederasts were not to be admitted to communion even on their deathbeds (Hefele-Leclerq, Histoire des Conciles, Paris, 1907, 1.1, pp. 212-264). ÷ ÷ ÷ Father Bernard Verkamp, a doc-toral candidate in the St. Louis Uni-versity Divinity School, lives at 3658 West Pine Boulevard; St. Louis, Mo. 63108. VOLUME 30, 1971 199 ÷ ÷ ÷ B. Verkamp REVIEW FOR RELIGIOUS '~00 conjugibus suis et non generare filios: quicumque vero [ecerit, ab honore clericatus exterminetur? While stating exactly the opposite, the synod appar-ently meant to forbid bishops, priests, and deacons from continuing sexual relations with their wives.~ Nothing is said about separation of the clerics from their wives; only that they may not relate sexually. There is no ques-tion here of the synod desiring to render the clergy more available for apostolic service. Rather is the prohibition clearly motivated by a concern for cultic purity. This conclusion is further supported by,the phrasing of the canon: ".vel omnibus clericis positis in ministerio." Were this phrase disjunctive, it might have been in-tended only to extend the prohibition to yet another class of clergy, namely, subdeacons. But, in all likelihood,; it is meant to be explicative--with "vel" meaning "id est" --so that the canon must read: "It pleases us to forbid absolutely bishops, priests, and deacons, that is, all clerics engaged in the service of the altarS., from relating sex-ually to their wives and having children." Combining as it does such a variety of elements, it is difficult to say exactly when and by whom this notion of cultic purity was first ushered into Christianity.° But "Canon 1, Hefele-Leclerq, pp. 238-239. " Literally, the canon forbids bishops, priests, and deacons to abstain from intercourse and not to have children. Such a prohibi-tion might have made sense some eighty years later in Spain when the Priscillian brand of Manichaeism was rampant, but not in the Spain of 305. The rigorist tone of all the other canons of this synod would suggest too that the synod did mean the exact opposite of what it actually declared. This conclusion is further supported by the fact that one of the prime agitators for legislation against clerical marriage at the Council of Nicea in 325 was the Spanish bishop Hosius (Hefele-Leclerq, p. 621). 7 See Martin Boelens, Die Klerikerehe in der Gesetzgebung der Kirche, Paderborn, 1968, p~ 39. s p. Harkx, The Fathers on Celibacy, Des Peres, 1968, p. 16, takes "positis in ministerio" to mean "appointed to orifice." But Audet, Structures, p. 13, notes that in the Christian Latin of the period, when referring to pastoral service, the ministerium was generally seen as a sacrum ministerium, that is, as a service of the altar. ~Certainly its introduction was aided to some extent by the disparagement of sex which, despite the Church's rejection of the encratic sects spawned by Gnosticism, began, as early as Athenagoras, to gain ground within Christian circles; see Athenagoras, Supplicatio pro Christi 33, PG 6, 965-967; Minutius Felix, Octavius 31, PL 3, 335-338; Tertullian, Ad Uxorem I, 3, PL 1, 1277-1279; Clement of Alexandria, Christ the Educator 11, "Fathers of the Church," v. 23, New York, 1954, pp. 169f; Sextus, Sentences 230-233, ed. H. Chad-wick, Cambridge, 1959, p. 39. The trend toward sacralization received a major stimulus from Cyprian in the 3rd century; see Letters 1 and 67, "Fathers of the Church," v. 51, Washington, 1964, pp. 3-5 and 232. From Cyprian onward the Old Testament example of the Aaronic priesthood and its laws of periodic continency (Lev 22:3; Lev 15:18; Ex 19:15; 1 Sam 21:5) were appealed to more and more frequently as a model for the Christian priesthood. once introduced, it quickly established itself and became during the next fifteen hundred years the predominant rationale behind the legislation of clerical c6ntinency.1° For more than two hundred years after Elvira, all the legislation regarding the marital status of the clergy in the Western Church11 was solely directed toward pro-hibiting sexual intercourse between the higher clergy and their wives. Not until the Synod of Gerona in 517 did the Spanish bishops require separation. And in other coun-tries such legislation came still later. This fact, in itself, would suggest that throughout those two hundred years clerical continency was motivated almost solely by a con-cern for cultic purity. What other evidence is available supports that conclusion. Outside of Elvira, there was almost no legislation re-garding clerical marriage in the Western Church during the first seventy years of the 4th century.12 But in the 1°This is not, of course, to imply any judgment about the rationale for the chastity of religious men or women during the same period. Our present concern is only with the legislation of clerical celibacy. For a discussion of celibacy in a broader context, J. M. Ford's, ,4 Trilogy on Wisdom and Celibacy, Notre Dame, 1967, is especially good. A recently published work by Roger Gryson, Les origines du cdlibat eccldsiastique du premier au septi~me siecle, Paris, 1970, may also prove helpful. 11 In the East, legislation in this regard took a somewhat different course. At the Synod of Ancyra in 314, it was ruled in canon 10 that any deacon declaring his intention to marry at the time of his appointment might marry even after his ordination and continue in his ministry (Hefele-Leclerq, v. 1.I, pp. 312-313). Without such a prior declaration, however, he could not subsequently marry and still hope to exercise his office. Thus Ancyra already contained at least the germ of the practice eventually adopted by the Eastern Church at Trullo in 692, namely, marriage before but not after ordination. But for all these differences, the legislation in the East was really no less motivated by a desire for cultic purity than in the West, as we shall subsequently see in our discussion of the Synod of Trullo. That the notion of cultic purity was already prevalent in the East in the first half of the fourth century was exemplified by Eusebius of Caesarea when he wrote: "Verumtamen cos, qui sacrati sint, atque in Dei ministerio cultuque occupati, con-tinere deinceps seipsos a commercio uxoris decet" (Demonstrationis evangelicae I, IX, PG 22, 82). Likewise, the Synod of Laodicea, in 350, passed a number of measures which can only be understood within the context of cultic purity. Canon 21 decrees that sub-deacons shall not touch the sacred vessels; canon 44 bars women from approaching near the altar; according to canon 19 only clerics shall be permitted to approach the altar of sacrifice (Hefele-Leclerq, v. 1.2, pp. 1010-'20). On the other hand, however, the Synod of Gangra in 345 sought to check the sectarian thrust of Eustathian asceticism by excommunicating anyone maintaining that when a married priest offers the sacrifice, no one should take part in the service; see canon 4, Hefele-Leclerq, p. 1034. ~2 p. Harkx, The Fathers on Celibacy, p. 17, states that the Synod of Aries (314) reiterated the decrees of Elvira. But, the six appended canons, upon which Harkx bases his conclusion, do not really belong to this synod, but must be ascribed rather to a decretal of Pope + + + Celibacy VOLOME ~0~ 1971 201 last quarter of that century, Popes Damasus I (366-384) and Siricius (384-399) were both very active in initiating a program of clerical continency. Several synods were held at Rome some time around 370, which, while indi-cating a preference for clerical candidates who were not married, nevertheless allowed that someone baptized as an adult and already married might also be ordained, as-suming that he had remained chaste and was a man of one wife ("unius uxoris vir").13 In a letter to the bishops of Gaul, Damasus relayed this and other decisions of the Roman synods along with a discttssion of the reasons for clerical continency.14 A variety of reasons are proffered,1~ but the central argument builds upon the notion of cultic purity.16 The very first synod held at Rome (384) under Pope Siricius, declared in its 9th canon that, because of their daily administration of the sacraments, priests and dea-cons should not have intercourse with their wives.17 In ÷ ÷ ÷ B. Verkarnls REVIEW FOR RELIGIOUS 202 Siricius: "Weil der Wortlaut dieses Kanons mit den cc. 4 trod 5 aus dem Brief des Papstes Siricius an die afrikanischen Bish6fe fast wortlich iibereinstimmt und wahrscheinlich von dort iibernommen worden ist" (Boelens, Die Klerikerehe, p. 28). The Council o[ Nicea (325) forbids any cleric to mutilate himself (c.1) and also prohibits the higher clergy from having the so-called "virgines subintroductae" in their houses (c.3). But its canons say nothing about clerical con-tinency (see Hefele-Leclerq, v. 1.1, pp. 528-620). Apparently, some of the Council fathers had hoped to require continency of the clergy, but thanks to the saintly Egyptian bishop, Paphnutius, this move was checked. E. Schillebeeckx, Clerical Celibacy under Fire, London, 1967, p. 26, cites Mansi 2, 670, in support of his claim that the Council of Nicea forbade marriage after reception of higher orders "according to an ancient tradition of the church." But the canons of Nicea say no such thing. The only possible support for Schillebeeckx's claim might be the statement of Paphnutius that "it would be sufficient, according to the ancient tradition of the Church, if those who had taken holy orders without being married were prohibited from marrying afterwards" (Hefele-Leclerq, v. 1.1, p. 620). an H. Bruns, Canones Apostolorum et conciliorum veterum selecti, Turin, 1959, v. 2, pp. 277f. a~ Ibid. (The text is also presented in PL 13, 1181-96.) ~'~ The authority of Scripture and the fathers; a good example to the widows and virgins, and so forth: ibid. ~"Denique illi qui in templo sacrificia offerebant, ut mundi essent toto anno in templo solo observationis ~nerito permanebant, domos suas penitus nescientes. Certe idolatrae, ut impietates exerceant et daemonibus immolent, imperant sibi continentiam muliebrem et ab secis quoque se purgari volunt, et me interrogas si sacerdos dei vivi spiritualia oblaturus sacrificia purgatus perpetuo debeat esse, an totus in carrie carnis curare debeat facere?" (ibid). x~"Suademus quod sacerdotes et levitae cum uxoribus suis non coeant, quia in ministerio ministri quotidianis necessitatibus occu-pantur., si ergo laicis abstinentia imperatur, ut possint deprecantes audiri, quanto magis sacerdos utique omni ~nomento paratus esse debet, munditiae puritate securus, ne aut sacrificium offerat, aut baptizare cogatur." The canons of this synod have come down to us through the letter of Siricius to the bishops of Africa, which in the following year, Siricius repeats this injunction in a letter to the Spanish bishop Himerus of Tarragona and further embellishes it with the cultic purity rationale. Those priests who have continued to beget children are wrong, he says, when they appeal to the example of the Old Testament priests. These latter were permitted to have children only because the law demanded that only descendants of Levi be admitted to the service of God. Such is no longer the case. Furthermore, the Old Testa-ment priests were strictly enjoined to have no sexual relations with their wives during the time of their service, so that they might present to God an acceptable offering. Priests, therefore, who want their daily sacrifices to be pleasing to God must remain continually chaste,is The 5th century follows a similar pattern. Sexual intercourse is forbidden between higher clergy (deacons, priests, bishops) and their wives.10 But their separation is not required:°0 Why no intercourse? "Because at any moment," the Synod of Tours proclaimed in 460, "they may be summoned to the discharge of a sacred func-tion." 21 Canon 2 of the same synod notes that while those who break this rule need not be deposed from their office,2-0 they shall no longer be eligible to a higher grade and shall not be permitted to offer the holy sacrifice or to assist as deacons.23 To strengthen such an arrangement between the clergy and their wives, a number of synods began during this turn was read at the African Synod of Telepte in 418, whence the present text. See Bruns, op. cit. I, p. 154. It is to this canon that the 6th spurious canon of the Synod of Aries (314) probably owes its origin; supra, footnote 11. ~ See Boelens, Die Klerikerehe, pp. 43-44. Arguments such as this were echoed repeatedly in ihe writings of Ambrose and Jerome who during this period were combating the "errors" of Jovinian and Vigilantius. 19See canon 1, Synod of Toledo (400), Hefele-Leclerq, v. 2.1, p. 123; canon 8, Synod of Turin (c. 400), ibid., p. 134; canons 23 and 24, Synod of Orange (441), ibid., p. 446; canon 2, Synod of Arles (443), ibid., p. 462. Pope Leo I in 446 included subdeacons under the rule; see PL 54, 672-3. ~0 Pope Leo I wrote that from the ti.me of ordination, the higher clergy must convert a carnal union into a spiritual one: "They must, though not sending away their wives, have them as though not having them" (PL 54, 1204). It will be recalled that during this same period the Church expressed itself as vehemently opposed to any "spiritual relations" between the clergy and the virgines subintro-ductae. .ol Hefele-Leclerq, v. 2.2, p. 899. The cultic purity rationale was also expressed during this century by Pope Innocent I (see Audet, Str~*ctures, p. 89) and by the Synod of Telepte (418) which, as we have noted earlier, took over the Letter of Siricius and its canons regarding clerical continency; see Bruns, Canones, v. l, p. 154. -°:As other synods had suggested, for example, c. 4, Synod of Carthage (401), Hefele-Leclerq, v. 2.1, p. 127. .-a. Ibid., v. 2.2, p. 899. + + + Celibacy VOLUME 30, 1971 203 + + 4. B. Verkamp REVIEW FOR RELIGIOUS 204 period to require a vow of chastity prior to ordination. Thus we read in canon 22 of the Synod of Hippo (393) that when lectors have attained the age of puberty, they mnst either marry or make a vow of continence.-04 Later, in 441, a synod at Orange declared that "married men shall not henceforth be ordained deacons unless they have previously vowed chasity." "~ The same decree was repeated at the Synod of Arles in 443.-06 Whatever else these vows came to connote in a later period,-07 there can be little doubt that in their original conception, they were meant simply to support the cultic purity arrange-merit. The next major step in legislation regarding clerical continency came with the rule that the clergy and their wives must separate. Here again the initiative came from Spain. In 517, a synod at Gerona ruled that all ordained married men, from subdeacons to bishops, must cease liv-ing with their wives. If they will not do that, they must at least have living with them someone else who might witness to their conduct."s The last part of this decree suggests something of the motivation underlying the rule of separation stated in the first part. The higher clergy were to separate from their wives, not because they would thereby become more available for Church service, but rather to remove them from suspicion of being less pure than was required of anyone serving at the altar. In other words, the rule of separation was simply a strengthening of the earlier no-interconrse legislation. This becomes even clearer as we trace the development of the law of separation in France during the fith century. Some of the first French synods of this century simply reiterated the EIvira legislation and sought to enforce it by strict penalties. Thus in 535, the Synod of Clermont declared that if anyone is ordained deacon or priest, he must not continne marital interconrse. He becomes a brother of his wife. Those who, inflamed by desire, have "cast off the girdle of the warfare," and have returned to their previous condition,"9 must be deprived of their clerical dignity.:~0 A few years later, however, we see the _o~ Ibid., v. 2.1, p. 87. -"~ Canon 22, ibid., p. 445. ,-,a Canon 2, ibid., p. 462. '-'~ See Schillebeeckx, Clerical Celibacy, p. 60t". ="De conversatione vitae a pontifice usque ad subdiaconum post suscepti honoris oflicium, si qui ex conjugatis fuerint ordinati, ut sine testimonio alterius fratris non utantur auxilio: cure sorore jam ex conjuge facta non habitent; quod si habitare voluerint, alterius [ratris utantur auxilio, cujus testimonio vita eorum debeat clarior apparere" (Bruns, Canones, v. 2, p. 19). See also c. 5, Synod of Toledo (589), ibid., v. 1, p. 214. ._~a,,.abjecto militiae cingulo vomitum pristinum et inhibita rursus conjugia repetiisse." ibid., v. 2, p. 190. ao Canon 13, ibid. start of an attempt to remove the cleric from suspicion, which would climax in a rule like that of Gerona (517). In 541, the Synod of Orleans ruled that bishops, priests, and deacons must not have the same chamber and the same bed with their wives, so that they not be brought into suspicion of carnal intercourse,a~ A synod at Tours in 567 went several steps further, and declared that wherever the bishop resides he must be surrounded with clergy,a" And lest the clergy who serve him come into contact with the maidservants of the bishop's wife, the bishop and his wife shonld have separate abodes,a:~ Sim-ilar rules are laid down for the priests, deacons, and sub-deacons. As very many rural archpriests, deacons, and subdeacons rest under suspicion, of continuing inter-course with their wives, canon 19 states tbat the arch-priest must always have a cleric with him, who accom-panies bim.everywhere and has his bed with him in the same cell;a4 tbe remaining priests, deacons and subdea-cons are warned to take care that their female slaves shall always live where their wives do, while they themselves dwell and pray in their cells alone,a~ A priest who lives with his wife, canon 19 concludes, must not be rever-enced by the people, but disapproved of, because he is a teacher, not of continence, but of vice.a~ In 578, the Synod of Anxerre reiterated the earlier decree of Orleans (541) to the effect that no priest, dea-con, or subdeacon was to sleep in the same bed with his wife after ordination,av In 581, the Synod of Mficon added yet another measure: No woman may enter a bishop's chamber unless two priests or deacons are pres-ent? s Finally, in 583, the Synod of Lyon expressly de-manded that priests and deacons not only have separate beds from their wives but that they also cease all daily contact with them.~9 "t Canon 17, ibid., p. 204. .a~ Canon 12, ibid., p. 227. :~ Ibid. ~' But no priest or monk mlJst sleep in the same bed with an-other, in order to avoid every evil suspicion; ibid., p. 228. a.~ Canon 19, ibid., pp. 229-230. ~ Ibid., p. 230. ar Canon 20, ibid., p. 239. ~ Canon 3, ibid., p. 243. a~ Canon 1, ibid., p. 247: "Placuit etiam, ut si quicuniqne u~oribus juncti ad diaconatus aut presbytcratus ordinem quoquo modo pervenerint, non solum lecto sed etiam frcquentatione quotidiana debeant de nxoribus suis sequcstrari." Outside of Spain and France, the law of separation was only much later enacted. Pope Gregory the Great (590-604) expressly rejected the idea of making those already married leave their wives after ordination unless they had promised continency prior to ordination (Letter 44, PL 77, 505-6). The first Roman synod to require separation was probably that of 743 (See canon 1; Hefele- Leclerq, v. 3.2, p. 851). In the East, the Synod of Trullo (692) rnled + + + Celibacy VOLUME ~0, ~971 205 ÷ ÷ ÷ B. Verkam~ REVIEW FOR RELIGIOUS 206 It is hard, therefore, to escape the impression that, as stated above, the separation of clergy from their wives was anything other than yet another facet of the same concern for cultic purity which underlay the earlier pro-hibition of sexual interconrse. This impression is further enhanced by the fact that French synods of the same pe-riod were passing a variety of measures which could only quicken the process of sacralization. The synod at Tours in 567 declared, for example, that at Masses, as well as at Vigils, the laity are not allowed to stand among the clergy near the altar on which the holy mysteries are solemnized.4° According to the Synod of Orleans (533), no woman must henceforth be given the benedictio dia-conalis. 41 Nor may a woman receive the holy Eucharist with uncovered hand,42 or touch the pall.4,~ Clerics are not to wear secular garments.44 The next six centuries saw no basic change in ec-clesiastical legislation touching upon the clergy's sexual conduct or marital status. The myriad decrees issued during these centuries either simply reiterate previous legislation or attempt to strengthen the same with more stringent penalties or some other positive measures, or, finally, seek to deal with complications arising out of the earlier laws. Some repeated the earlier demands for a vow of chastity prior to ordination.4~ Others encourage({ the adoption of a vita communis by the clergy.46 While none that if a married priest is consecrated bishop, his wife must go into a convent at a considerable distance (canon 48, Hefele-Leclerq, v. 3.1, p. 569). The motivation behind this measure was no less grounded in a concern for cultic purity than were similar measures in the West. Canon 13 of Trullo states that at the time when they must celebrate divine services, subdeacons, deacons, and priests are obliged to refrain from their wives since it has already been ordained that be who ministers in sacred things must be pure (ibid., v. 3.1, p. 565). The bishops must abstain completely because, unlike the priests and deacons, theirs is a fulltime service of the altar. ~o Canon 4, Bruns, Canones, v. 2, p. 226. ~t Canon 18, ibid., p. 187. ~-" Canon 36, Synod of Auxerre (578), ibid., p. 241. ~ Canon 37, ibid. "Canon 5, Synod of Mficon (581), ibid., p. 243. ~ Schillebeeckx, Clerical Celibacy, p. 60, cites the Fourth Council of Toledo (633) in this regard. But the "professio castitatis" to which canon 27 of that Council refers concerns a vow made after ordina-tion by those about to take up a rural pastorate (Bruns, Canones, v. 1, p. 231), and not, as Schillebeeckx says, a vow prior to ordination. This would suggest, as Boelens has noted (Die Klerikerehe, p. 100), that the conversio prior to ordination required by the Synod of Toledo in 527 had fallen out of practice. Vows prior to ordination were, however, required by the following synods: Worms (868); Bourges (1031); Limoges (1031); London (1102). ~ One of the first to advocate systematically the vita communis was Chrodegang of Metz (d. 766); see Bihlmeyer-Tiichle, Church History, Westminster, 1963, v. 2, p. 108). Synods at Canterbury (969), Rome (1059), Rome (1063), and Winchester (1076) encourage the idea. showed any concern for the care of the clergyman's wife and children after separation, a number dictated what was to happen to these latter if they did not separate from the cleric. Both the wives and the children were made subject to being sold or taken into slavery.47 The clergymen themselves were generally threatened with dep-osition in the event of disobedience; but when this had little effect, the legislators moved to forbid the laity from attending the Masses of such clerics.48 This "separation from the altar" of the incontinent cleric was extended by Gregory VII in 1079 to exclude the cleric from entrance into the church, so that he could not even take a passive part in divine worship.49 The notion of cultic purity, which we contend was operative within all this legislation, was not always given explicit expression.~° Gregory VII (1073-1085) himself, who climaxed the period under discussion, most fre-quently appealed only to the need for obedience to papal authority.~1 But his untiring efforts to separate the in-continent clergy from the service of .the altar, and oc-casional utterances to the effect that God can only be 57 Concerning wives, see canon 5, Synod of Toledo (653), Brtms, Canones, v. 1, p. 280; Synod of Rome (1049), Boelens, Die Klerikerehe, p. 135. Regarding children, see canon 10, Synod of Toledo (655), Bruns, Canones, v. 1, p. 295; Synod of Pavia (1022), Hefele-Leclerq, v. 4.2, p. 920. The inability of the children of clergymen to inherit Church goods had long before been established by the Code of Justinian (529), and by Pope Pelagius (556-561). The synods of Toledo (655) and Pavia (1022) reasserted the same. Pope Gregory VII especially showed himself callous as regards the clergyman's dependents. Boelens writes: "Tatsache abet war doch, (lass die meisten verheiratet waren und (lass sic Frau und Kinder hatten, fi_ir die sie zu sorgen batten. Wie sich die gregorianische Reform fiir sic auswirkte, wurde in den Gesetzcn hie erwahnt. Man vcrffigte nicht, was mit Frau und Kindern gcscbchcn sollten; nut immer wicder das Eine: 'crimen fornicationis' oder 'morbus fornica-tionis clericorum' oder bloss cinfach 'fornicatio' muss strong bestraft werden" (Die Klerikerehe, p. 147). ~8See Synods of Rome 0059), Rome (1063), Gerona (1068), Rome (1074), Poitiers (1078), Piacenza (1095), London (1102). Gregory VII also turned to the laity for support when some German bishops refused to cooperate with his refo
In 1928, Utah Construction Company completed its first project outside of the United States with the 110 mile railroad for Southern Pacific of Mexico. Over the next 30 years, UCC continued to work on projects in Mexico including dams, roads, mining, and canals. The collection contains several booklets and correspondence along with approximately 500 photographs. ; 8.5 x 11 in. paper ; 96) Return to Harry McNev Mexico- Copper & Exploration ABSTRACT CONDITIONS THAT AFFECT MINING EXPLORATION AND MINING PRODUCTION IN MEXICO Private mining industry is experiencing difficult times in many countries that are or have been large mineral producers. Would Mexico offer opportunities for exploration and production? Mexico is a mineral rich country. For the exploration en-gineer this is the most vital point. If the exploration groups are professionally adept, they will find mineralization. A broad review of metallogenetic provinces and of past and present production in Mexico can be used as a guide to explora-tion. Although Mexico is well endowed with minerals, there are many factors that must be considered before a determination can be made that the mineral discovered is ore; (a) restrictive factors in-cluca governmental policy such as taxes, Mexicanization, commodity prices and certain laws; (b) favorable factors include a stable government, strong and freely-convertible peso, and relatively low direct-production costs. -The Mexican mining industry offers an opportunity to those willing to study the problems, accept the law, and invest in the social -as well as financial- future of Mexico. CONDITIONS THAT AffECT MINING EXPLORATION AND MINING PRODUCTION IN MEXICO I. INTRODUCTION. The potential foreign investor in Mexico's Mining In-dustry must carefully consider many facets of the industry and of the country. On the positive side, a stable govern-ment, a healthy monetary position and. above all, a mineral-iy rich country can be found. However, no investments should be made until the potential investor has investigated the min-ing law with its Mexicanization requirements, the mining taxes, the technical manpower regulations and the power of the ex-ecutive branch to set commodity prices. The official mining policy during the period 1930 to 1954, did not encourage investments in the mining industry. However, the future looks much brighter, for now Mexicanization has been accomplished for over 90% of the industry and the gov-ernment realizes that mine products provide a base for Mexico's currency and bring in foreign exchange, that mining provides an important source of government revenue and is an important con-sumer of power, supplies, and transportation services. Also, and of great future importance, Mexico's expanding industry will be in need of more raw materials to supply its demand and its increasing export of manufactured goods. II. HISTORY. The Spanish conquistadores were obsessed by the riches found in Mexico - particularly gold and silver. Thus began the systematic plundering of the new colony and the beginning of mining as the basis of Mexico's economy, Mexico became known as the ""mine and mint of Spain"". Major mining districts such as Taxco, Zacatecas, Santa Brbara and Guanajuato were discovered and brought into pro-duction between 1520 and 1550. It is interesting to note that these selected districts are ail still in production. From 1810, which saw the start, of independence from Spain to 1910 when the Mexican Revolution broke out, mining continued to play a leading role in the national economy. It probably would be fair to say that it sustained the economy. From 1875 to 1900, for example, mining accounted for 70% of the value of Mexico's exports. During the period of the 1910-1917 Revolution mineral pro-duction sharply declined. Silver, lead, and zinc, however, hit their peaks in the late 1920's nut then the general depression followed by governmental restrictions and high taxes reduced exploration which then was followed by reduced production and to date the peaks of production of the late 1920's have not been reached. Under the progressive regime of President Diaz Ordaz, which started in 1964, governmental stimulation to the mining industry has led to greater exploration which is now showing up in increased production. Today Mexico ranks as the leading producer of silver and is the fourth largest producer of lead, fifth of zinc and fourteenth of copper. Mexico also produces major amounts of mercury, bismuth, sulphur, antimony and is the leading producer of fluorite. The entire mineral industry accounts for over 20 percent of the country's foreign exchange earnings although this amounts to less than 2% of the Gross National Product. III. CONDITIONS IN THE MINING INDUSTRY OF MEXICO THAT AFFECT IN-VESTMENT. A. Mexicanization. The term Mexicanization has often been misinterpreted as nationalization. Mexicanization only implies the control of a company in Mexican hands. The transfer of control from foreign to Mexican hands proceeds on a private level by negotiations between local and foreign businessman. Although foreign capital is welcomed, the investor should not expect more favorable treatment than that accorded domestic investors. In Mexicanization it is implicit that as a country progres-ses and matures it must create a body of national capital. For if the profit earned leaves the country (although it created jobs, paid taxes, etc.) the servicing of loans and repatriation of capital would likely endanger the balance of payments leading to an unsound economy. Instead, by retaining within the country at least 51% of the profit, a national capital can be created which is so necessary for further economic expansion and industrialization. - 3 - In 1961 a mining law was passed providing that new mining concessions can be granted only to Mexican nationals, and companies in which a minimum of 51 percent of their capital stock (or 66 per-cent in some instances) is owned by Mexican nationals. This same law, however, granted tax privileges to Mexicanized companies. B. Immigration Restrictions. To protect their skilled and unskilled labor, the Mexican Government has regulated the immigration of foreign technicians in-to Mexico. However, if for the good of the country it is felt that a foreign expert is vitally needed, he can be permitted to enter generally with the stipulation that he train his replacement. Mexican universities are training mining engineers, metal lurgists and geologists but their training is principally academic and an industrial training period is necessary to make these en-gineers capable of filling normal production positions, C. The mining law of Mexico was completely redrafted in 1961, This is an extensive law and only a few of the points will be discussed, 1. Only Mexicans or Mexicanized companies have the right to obtain concessions. 2. A concession shall have a maximum surface area of 500 hectares l hr = 10,000 sq. meters). The sides of the con-cession are limited by vertical planes, 3. The total maximum concession area for a company or an individual is limited depending on the substance. However, three times this maximum can be held for a five-year exploration period. As an example for gold, silver, copper, lead and zinc, a maximum of 9000 hectares can be held for the first five years. After this five year period, a maximum of only 3000 hectares can be held. 4. Mining concessions are issued for 25 years but may be extended on proof of effective exploitation. 5. Assessment work is required. D. Taxes. Taxes paid by mining companies include: 4 1. Income Tax. This tax is modarate and has a maximum of 42%. 2. Production and Export Tax. These taxes are based on price set monthly by the Treasury Department. This official value is arbitrary and can change but generally reflects world prices. These taxes are levied whether the Company is making an operating profit or not. 3. Surface Tax. This tax is a rental on mineral concession of $1.20 dollars per hectare per year. 4. Capital Gains. Capital gains are included in gross income but at a reduced percentage depending on the length of time that assets have been held. 5. Depletion. There is no deduction allowed for depletion. 6. Amortization and Depreciation. It can be stated that deductions allowed are those that the tax authorities regard as normal and necessary for conduct of business. 7. Reduction in Taxes for New Mines. A directive calls for a five year reduction of up to 40% income tax and up to 100% of the federal portion of the production and export taxes, and accelerated depreciation and amortization for certain investment in new operations. 8. Other Taxes. Other taxes such as social security payments and distribution of a portion of annual profits to employees are required. E. Metal Prices. Metal prices for sale in Mexico are set by a govern- - 5 - merit agency. These prices are lower than world prices and act to subsidize Mexico's metal-using industries at the expense of the mining industry. F. Favorable Conditions. 1. Stable Government. The Mexican Government is stable and this stability will be entrenched each passing year with the development of a larger middle class and the strong emphasis on education. 2. Financial Stability. Exchange restrictions have never been imposed and funds are freely convertible and transferable to and from Mexico. The exchange rate has remained at 12.50 pesos per U.S. dollar since 1954. An exchange stabilisation agreement exists between Mexico and the International Monetary Fund which permits Mexico to draw on foreign currencies to maintain the parity of the peso. However, Mexico has maintained a favorable balance of payments for numerous years. 3. Low cost labor. Although there is a notable lack of qualified mining and exploration personnel of the highly technical and supervisory calibre, there is plentiful mining labor in the mining regions. In general, the mining labor is efficient and the costs are reason-able. Recent wage raises have been higher than increased productivity and management must work for higher productivity. In recent years strikes of over 15 days duration have been exceptional and peaceful labor relations are the rule. 4. High mineral potential. We can start with the premise that Mexico is a country extremely well endowed with minerals and many ore bodies await to be discovered. The fact that there has not been more than possibly three major metallic mineral discoveries in the last two decades is not that the bodies do not exist but that fiscal conditions have been such that no search has been made - 6 - for them. Now methods and philosophies of exploration have not been tried until very recently but in them lies the great ex-ploration potential of Mexico. There are three general geologic zones in Mexico. The nor-thern zone is separated from the southern zone by the volcanic-rift belt which runs east-west through Mexico City and Guadalaja-ra and has as its most obvious surface feature a belt of Cenozoic volcanics. Most of the mining in Mexico has taken place in the northern zone in which the more acidic intrusive rocks are found. The southern zone contains more basic rocks, and although there are numerous mineral occurrences, the mines are small in size and number. The scarcity of mines in this zone is undoubt-edly due, in great part, to the lack of exploration which is made difficult due to lack of roads and facilities and to the heavy vegetation covering the outcrops. The volcanic-rift belt exhibits difficult exploration con-ditions; the principal ones being the great amount of volcanic cover and the intense faulting. As in the southern zone this area has not received intensive exploration; however, the famous silver deposits of Pachuca, Taxco, El Oro and Guanajuato lie within this region or at its edge. In the northern zone a long, large northwest trending belt of middle Cenozoic volcanics is found, which constitutes the Sierra Madre Occidental. Pew large mines are known within this belt of very thick volcanics; but where the rocks below the volcanics have been exposed, they are abnormally well mineralized. Therefore, here again the scarcity of mines is due to lack of out-crops. In order to investigate the exploration possibilities in greater detail, let us evaluate the situation of various metals. a. Silver. Mexico is and has been for many years (except 1968) the world's leading producer of silver. In the past a majority of the silver came from such bonanza camps as Pachuca, Guanajuato and Tax co where the silver was found in very high-grade deposits with very minor amounts of other metals. Today. most of Mexico's silver is produced as an accessory mineral in the lead and zinc deposits. This means that with lower lead and zinc prices there has been a reduction in the production of silver although silver prices have advanced. Although the bonanza camps have been reported as ""worked out"", there are definite signs that this may not be the case. Recant high-grade discoveries in Guanajuato and Taxco indicate that if modern techniques and vigorous exploration are carried out, it is quite possible that bonanza deposits will be discovered. Silver is well distributed in many parts of Mexico and it would be difficult to pin-point exact locations favorable for exploration. Slide No.2 shows in general the major distribution of silver. Since the environments vary widely, so also would the exploration techniques. In parts of Mexico numerous silver deposits have been known but left unexploited due to lack of roads and facilities. Large, low-grade deposits probably exist but as yet company philosophies have not been such that they would explore for this type of deposit. b. Copper. Copper, like silver, appears to have a future at favor-able prices. Added to this is the great increase in demand for copper by Mexico to satisfy its rapidly expanding industry. Until this year (1970), there has been only one copper mine in Mexico that could be considered major; the Cananea mine which produces approximately 70% of Mexico's copper. The Santa Rosalia mine in Baja California could be considered a medium sized mine and the rest of the present copper production comes from very small mines or as a minor mineral from other base metal mines. Because of this limited production, Mexico is presently producing just enough copper to supply its internal demand. This picture, however, is changing rapidly. In early 1971, Asarco Mexicana, S.A. will bring into production their Inguarn mine, in the State of Michoacn, which will have a mill capacity of 2000 metric tons per day of 1.8% copper which will more than take care of Mexico's immediate industrial demands for copper. Then in the future lies the immense deposit, La Ca-ridad, of Mexicana de Cobre, which has reserves in excess of 600 million metric tons of 0.75% copper with values in molybdenum. The exact size of this deposit is as yet unknown. Work is now underway to bring this deposit into production in 1974. -8- The reason for not producing more copper in Mexico has been the lack of exploration incentive by the mining companies. The small prospector is not equipped to explore for bulk, low-grade copper deposits and only in the last year or so have major companies made an exerted effort in this field. A very favorable copper mineral province exists in the State of Sonora, Perhaps the most important structural characteristic of this area is its location (Slide #3) along the north-trending Wasatch-Jerome crustal lineament at or near its intersection with the northwest-trending Texas lineament. Correlation between these lineaments and the distribution of the bulk low-grade deposits has been remarkable. Mexico's largest copper producer at Cananea and the previously mentioned La Caridad deposit lie along the Wasatch-Jerome near the intersection with the Texas lineament. Although northern Sonora is a most favorable area in which to explore for copper, this area should not be considered as the only target area since favorable areas exist in other parts of Mexico. Molybdenum can often be expected as an accessory metal with the copper mineralization. If unfavorable conditions for mining investment in Zambia, Peru and Chile -all major copper producing countries- continue or worsen, Mexico will become a major exporter of copper within the next ten years. Even if conditions become better in those countries, Mexico will still play a major role as a copper producing country. c. Lead and Zinc. Although the long term picture for lead and zinc, with silver as an accessory metal, may not be as bright as for copper, established smelter capacity and both local and foreign markets exist and, therefore, exploration for lead and zinc can be con-sidered by both large and small companies. For many years there has been little exploration for new lead and zinc deposits and there has been no exploration with the use of modern tools for locating unexposed bodies. The greatest exploration provinces for lead and zinc are shown on Slide #5. In these areas substantial silver values associated with the lead and zinc could be expected. - 9 d. Other Metals and Minerals. Mexico is a major producer of fluorite, barite, mercury, tungsten and antimony. Exploration will continue for these ma-terials depending primarily on world prices. i IV. SUMMARY OF CONDITIONS. Prom the foregoing, we can quickly summarize the conditions that exist in Mexico that directly affect investment in the mining industry. A. Regulatory. 1. Mexicanization. The requirement of majority investment by Mexican nationals by itself is certainly not unfavorable; however, risk capital is difficult to find. 2. Immigration Restrictions. It is often difficult to obtain highly technical personnel and companies are limited to the number of foreign personnel they can hire. 3. Mining Law. The mining law has been updated and is meant to broaden the mining industry base in Mexico. However restrictions and control are an essential part of the law. 4. Taxes. Income Taxes are moderate but production and ex-port, taxes are a severance tax not based on profit. There is no reduction in taxes for depletion. 5. Metal Prices. Mexico's industry is subsidised at the expense of the mining industry through official prices set slightly lower than world prices -10- B. Favorable. l. Mexico is a mineral-rich country. 2. Mexico has a stable government. 3. Mexico has a strong-convertible currency. 4. Direct production costs for medium to large operations are low. 5. The proximity to the United States assures a large market in addition to the growing market in Mexico. Future. The most striking feature about Mexico today is the tremendous social gains. Education receives, by far, the largest share of the national budget; health facilities are readily available and are ex-panding; electricity and roads are coming to the small villages and wages are being raised in an attempt to make even the poor farmer a consumer. Mexico is expanding industrially to keep in step with the local demands and manufacturing more and more of its necessities in or-der to reduce the need to import, which makes its trade balance more favorable. Mexico yearly increases the export of manufactured goods where previously the country had only been an exporter of raw material and crafts. Politically Mexicans are, and should be, proud of their ancient past and their recant history. They are, therefore, ready and anxious to work with foreign companies if this partership will assist in the development of Mexico as a country and to the advantage of the Mexican people. The exploitation of Mexico to the advantage of other peoples is a thing of the past. Mexico is a developed country and expects to be treated as such. The Mexican mining industry offers an opportunity to those willing to study the problems accept the laws and invest in the social -as well as financial- future of Mexico. D.F. Coolbaugh Mexico, D.F. Mexico, May 1970. DFC/mfb. - 11 -
Issue 9.2 of the Review for Religious, 1950. ; MARGH° 15, 1950 Diocesan or PonHfical ? 'Joseph F. Galle. 'Virtue of Faith . John M~hews Oh'Controversy . ~. Gera[~Kelly Works:of God Manifest . .Dominic Hughes (;)uesHons and Answers Book Reviews Communications Report to Rome VOLUME IX NUMBER 2 Ri::VII::W FOR RI:::LI IOUS VOLUME IX MARCH, 1950 NUMBER 2 CONTENTS DIOCESAN OR PONTIFICAL ?--Joseph F. Gallen, S.J . 57 THE VIRTUE OF FAITH IN THE SPIRITUAL LIFE-- John Matthews, S.J . 69 OUR CONTRIBUTORS . 72 ON CONTROVERSY~ (An Editorial)--Gerald Kelly, S.J . 73 SEARCHLIGHTING ~URSELVES . 77 WORKS OF GOD MADE MANIFEST--Dominic Hughes, O.P. . 78 FATHER ELLARD'S REPLY . 91 COMMUNICATIONS . 95 SUMMER SESSION . 96 BOOK REVIEWS-- The Mother of the Savior and Our Interior Life; Ignatlan Methods of Prayer; Little Catechism of Prayer . ~ . 97 BOOK NOTICES . " . 100 BOOK ANNOUNCEMENTS . 101 QUESTIONS AND ANSWERS-- 7. Abandoned Wife Entering Religion . 104 8. Extending Postulancy, Novitiate, etc . 105 9. Postulancy outside Novitiate . 106 I0. Dowry When Transferring to Contemplative Order . 106 11. Sick Religious and Daily Communion . 107 12. Genuflections in,Chapel . 108 REPORT TO ROME . 108 THOUGHTS ON ST. JOSEPH . 112 IN MEMORIAM (Alf'red F. Schneider, S.J.) . 1 12 REVIEW FOR RELIGIOUS, March, 1950. Vol. IX, No. 2. Published bi-monthly: January, March, May, July, September, and November at the College Press, 606 Harrison Street, Topeka, Kansas, by St. Mary's College, St. Marys, Kansas, with ecclesiastical approbation. Entered as second class matter January 15, 1942, at the Post Office, Topeka, Kansas, under the act of March 3, 1879. Editorial Board: Adam C. Ellis, S.J., G. Augustine Ellard, S.J., Gerald Kelly. 8.J. Copyright, 1950, by Adam C. Ellis. Permission is hereby granted for quotations of reasonable length, provided due credit be given this review and the author. Subscription price: 2 dollars a year. Printed in U. S. A. Before wrltln9 to us, please cons,,It notice on Inside back cover. Diocesan or Pont:ific l? ¯Joseph F. Gallen, S.J. THE following pages constitute ~in effqrt to answer two practical canonical' questions: (1) should a diocesan congregation "Con-fine' itself to the diocese of origin? (2) should a' diocesa'n congregation become pontifical? These are very. important questions for many institutes. They are also questions to which angwers can. be given that are based solely on personal knowledge and espe'ciallT on personal preference. Such knowledge can be inadequate and the preference can be very subjective. Therefore, I l~ave tried to avoid mere.personal opinion and to base the answers primarily on the mind and 'v~ill of the Holy See and secondarily on the opinions that com-monly exist in the Church as found in approved authors. ~" I. DiSti~'~tion of Defi'nition between a Pontifical and a "" Diocesan Congregatiqn~ . . :,~., It is by no means unusual to encounter the mistaken opiniqfi.th, a~ a, diocesan religious institute is one that. is confined to a particul.ar. diocese and a pontifical institute one that has houses in seve.ral di0,- ceses. These false definitions are deafly excluded by canon 488, 3°: "'institute app~ou.ed bg the Hqlg See. (Religio iuris pontifical), ~every institute which has obtained from. the Apostolic S~e either ~p~r.o.-'.~ ba~ion'~o~'i.a.t, leas.t.the decree of commendation (decretur~,'l~udis)t;i Diocesan Institute, an institute erected by Ordinaries, which ~has ~not y~.t:.o."bthined this" decre~ ofcommendation.". Thu's the diStinCtiOn between a pontifical and a diocesan congregation has in itself nothing Whatever to do with territorial diffusion; it is based sblely on the p~es.ende or'absbnce of approval by the Holy See. We shall see tha~ a diocesan institute is also destined to spread to many dioceses, and d~ffu~ion~ to'. rrian~r diocese~ is only an ordinary, not ari absolfitel prerequisite for obtaifiing papal opproyal. In actual fact there are diocesan;. congregati6ns in the United 'States that haCce spread to several dioceses., It is equally true that some pontifical congregation~ in~thi~ c6dh~ry are confined to one diocese. ~All religious orders are pontifical institutes, since the approbation of 'an order is reserved to the Ho!y See. Ther?fore, institutes such as those of the Carmelite Nuns, Dominican Nuns, Poor Clares, Sacra-mentirie'Nuns, and Visithndines are pontifical. A religi0ds order is 57 JOSEPH F. GA'LLEN Review for Religious ¯ an institute whose particular law pr~scribes that at least some of the subjects at least should take solemn vows (can. 488, 2°). The hope of clarifying this o'ften misunderstood definitio'n is the justificat.for the tautology. It is not required that all of the members of the institute, but it is s~f~cient that only some of these, should either actually take solemn vows or be obliged to do so by the law of the institute. An institute can also be an order even if none of the mem-bers actually take solemn vows. It is sufficient that some should do so from the particular law of the institute.1 Solemn vows are not taken in mo~t of the monasteries of nuns in the United States, yet all of these institutes are orders since at least some of the members should take solemn vows in virtue of the particular law of the institute.2 A religious congregation is an institute in which all the members actually take simple vows, whether perpetual or temporary, and in which none of the members should take solemn vows in virtue of the law of the institute (canon 488, 2°). No religious institute can exist in the Church that has not been approved by legitimate ecclesi-astical authority. The foundation of a religious institute may certai.nly be approved by the Roman Pontiff, but in practice it is approved by the ordinary of the diocese of foundation. This approval of the local ordinary makes the congregation a diocesan institute. ~For example, article 37 of the Constitutions of the Ursuline Nuns of the Congre-gation of Paris, Pittsburgh, Pennsylvania. reads as follows: "By tight, these vows are solemn vows, as they were so approved by holy Church at the beginning: but, in fact, in this country, by disposition of the Holy See, they are only simple vows." Article 641 of the Constitutions of Dominican Nuns reads: "Those Nuns of our Order whose vows are, by constitution, solemn but who because of circumstances of time (cgn. 488, 70), by prescription of the Apostolic See, make only. simple VOWS . " -°In 1864 the Holy See declared the following monasteries of Visitation Nuns in the United States had solemn vows: Washington, (Georgetown), Baltimore (Roland Park), Mobile, St. Louis, and Kaskaskia. The last-mentioned later united with its daughter community in St. Louis. Mo. Since 1864 the monasteries that follow have received a rescript from the Holy See granting solemn vows. The year of the rescript is put in parentheses. Carmelite Nuns of the Ancient Observance: Allentown (1931): Discalced Carmelite Nuns: Philadelphia (1902, but solemn vows were first taken in 1925), Wheeling (1925), Bettendorf (1949), Louisville (1930), Morristown (1926), Loretto (1932), Rochester (1930), Mobile (1943), New Brunswick (1948): Dominican Nuns: Detroit (1929, Menlo Park (1929), West Springfield, Mass, (1928): Dominican Nuns of the Perpetual Rosary: Buffalo (1944), Camden (1947), Syracuse (1947): Poor Clare Nuns: Cleveland (1946); Franciscan Nuns of the Most Blessed Sacrament: Cleveland (1912), Canton (1925, but solemn vows were first taken in 1950): Nuns of Perpetual Adoration of the Blessed Sacrament (Spanish speaking) : E1 Paso (1930) : Visita-tion Nuns: Elfindale, Springfield, Mo. (1888). Solemn vows are taken in the Oriental Order of St. Basil the Great. Four other monasteries have applied for solemn vows¯ 58 March, 1950 DIOCESAN OR DONTIFICAL? After an initial period of growth the congregation usually peti-tidns the Holy See for papal approval. The attainment of papal approval makes the congregation a pontifical institute. It is sufficient that the Holy See approve either the institute or the constitutions. The present ordinary practice of the Holy See is to approve both. In answer to the first petition of the congregation for papal approval, the Holy See gives its first approval to the" institute by what is called a decree of praise or commendation. At the same time the Holy See gives a temporary and experimental approval to the.constitutions for a determined period of time, which now is usually seven years. At the end of this time the congregation sends another petition to Rome. The Holy See then gives a final approbation to the constitutions and, frequently at least, a definitive approbation to the institute.3 The practice of the Holy See can vary in many matters, and it has varied in the present case of the approval of religious congrega-tions. It is possible to find congregations that have long possessed papal approval and yet discern that the constitutions alone were approved by the Holy See. A doubt could and did arise as to the sufficiency of an approval of the constitutions alone, since the Code definition of a pontifical institute appears to be confined to a decree of~ praise or approbation of the institute. However, the presumption always is that a canon agrees with the pre-'Code law, and Leo XIII had originally defined pontifical institutes as those "in which in addi-tion the sentence of the Roman Pontiff has intervened, either by approval of their laws and statutes or also by the granting of praise or approbation.TM In this definition the approval of the constitu-tions is not only sufficient but apparently primary. All doubt was removed by a reply of the Sacred Congregation of Religious that the Sisters of Mercy, founded by Mother McAuley, were pontifical, whether it was a question of the independent communities or of the unions that had been established with the approval of the Holy See.5 3For the present practice of the Holy See, cf. P. Cosmas Sartori, O.F.M., duris-prudentiae Ecclesiasticae Elernenta (Romae: Pontif. Athenaeum Antonianum, 1946)~ p. 74. 4Leo XIII, Const. "'Conditae a Christo,'" 8 dec. 1900, Codicis luris Canonici Fontes III. p. 562. The same definition is repeated twice in the constitution. Cf., pp. 563, 564. nThis particular reply of Nov. 24, 1925, undoubtedly because of its general import, was published in the Acta Apostolicae Sedis, XVIII (1926), 14. It can be found in English in Bouscaren, Canon Law Digest, I, pp. 269-270. Valuable commen-taries on the reply have been written by. Maroto, Cornrnentariurn Pro Religiosis, VII (1926), 83-92: and Vermeersch, Periodica, XV (1927), 52-53. To any-one unaware of this reply the distinctive constitutions of the independent com-munities can' cause difficulty as to their pontifical character. 59 .JOSEPH F. GALLEN Review foF Religious The constitutions alone of the Sisters of Mercy were approved by the Holy See in 1841. The same thing is apt to be true of any.congrer gation of religious women approved before 1850, because of the varying practice of the Holy See in approving religious congregations. Therefore, a congregation is made pontifical by any one or m6re of the following.four approvals: approval of the institute by either a decree of praise or of definitive approbation; approval of the con-stitutions either experimentally or finally. To all congregations that have received any one of these approvals are equally applied" the rights, laws, and obligations of pontifical institutes. II. Should a Diocesan Congregation Confine Itself to the Diocese of Origin? 1. The Code of Cation Lau;.--Canon 495, § 1 reads: "A dioce-san religious congregation cannot establish houses in another diocese without the consent of both Ordinaries, namely: the Ordinary of the place where the motherhouse is situated and the Ordinary of' the place where it is desired to make the new foundation, but the Ordi- .nary of the place of delSarture, shall not without a grave reason refuse his, consent." For the first house to be erected by a dlocesan.institt~te in anothe~ diocese, this canon requires the permission not only of the ordinary of~the new house but also of the ordinary of the mother-house. We can s.ee in this law of the Code an implicit affirmation of the closer guardianship, of the greater interest, supervision, and direc-tion that the ordinary of the diocese of origin is to exercise over a diocesan congregation in the early years of its existence. The same canon explicitly forbids the ordinary of the mother? house to refuse permission for the erection of a house in another diocese unless he has not merely a. reasonable or a just reason but a serious reason for the refusal. The .Code of Canon Law, therefore, implicitly states that it is the or~linary thing for a diocesan institute to spr,ead to other dioceses and that this diffusion can be prevented only by reason of a serious obstacle. It cannot be held that thi~ seri-ous obstacle is ordinarily tO be fouiad in diocesan institutes.' If this-were factually tr.ue, there would be little sense in the law of the Code that forbids the ordinary'of the motherhouse to refuse the permissi?n, and the law would rather read: "and the Ordinary of the mother~ house may grant this permission in extraordinary cases.',Y Therefore, the" law 'of the Code is that confinement to one" dioces~ sli'~.uld ble restricted to the early years of the existence-of.a, diocesan dongrega:- fi0n wl~en the institute is a.c.qujri, ng strength rand:.sta,,~:ilit.~.: .~T.h.!.s. 60 March, 1950" DIOCESAN OR PONTIFICAL? period should not be excessively prolonged. Diffusion to other dioceses is a usual prerequisite for obtaining papal approval, but the Holy See stated before the Code of Canon Law that ten or fifteen years from the time of the foun'dation of the first house of theinsti-tute could suffice for the presentation of a petition for papal approval.6 2. Documents of the Holy See.--The Holy See both before and after the Code of Canon Law has issued norms that are to guide the local ordinaries in the erection of new institutes. One of the most important of these norms is that the ordinary, rather than found a n~w congregation, is to invite and admit into his diocese a congrega-tion already approved that has the purpose desired by the ordinary. In speaking of these congregations already approved the Holy See makes no distinction between pontifical and diocesan congregations.) Therefore, the Holy See again positively implies that diocesan insti-tutes are not to be confined to the diocese of origin. 3. Doctrine of authors.--Two authors, Fogliassos and Muzza-relli, 9 have recently made detailed studies into the juridical nature of diocesan congregations. Fogliasso states: "Certainly a diocesan con-gregation, even though it consists of only one house, unlike a mon-astery of nuns, is an organism that bg its verst nature tends to uni-versality . The purpose of the disposition of canon 495, § 1 is to prevent the local ordinary of the motherhouse from impeding the ordered diffusion of a new congregation. This diffusion together with spiritual fruits is required for the granting of a decree of praise. Furthermore, recourse can always be made to the Holy See against the arbitrary opposition of this ordinary. Therefore, the norm of canon 495, § I, while it immediately, furthers the fundamental liberty of a new congregation, which is the attainment of its own increase, paves the way for the congregation to reach the prescribed condition by which, through means of a decree of praise, it may take its place 6Normae Secundum Quas 8. Congr. Episcoporum et Regulariura Procedere Sofet in Approbandis Novis lnstitutis Votorurn Simpliciurn, 28 iun. 1901, n. 9. ~Leo XII][, Const. "'Conditae a Christo,'" § 1, III, C. I. C. Fontes, III, p. 563; Pius X, Motu Propr. "Dei providentis,'" 15 iul. 1906, C. I. C. Fontes, III, p. 675; S. C. de Prop. Fide, Instr., "'De Congregationibus Religiosis lndigenis Condendis,'° 19 mart. 1937, n. 1, AAS XXIX (1937), 276. SAemilius Fogliasso, S.D.B., lntroductio in Vigentem Disciplinara de luridicis Re-lationibus inter Religiones et Ordinarium Loci (Augustae Taur[norum: Schola T}'pographica Salesiana, 1948). 9Fridericus MuzzareIli, S.S.P., Tractatus Canonicus de Congregationibus luris Di-oecesani (Romae: apud Piam Societatem a S. Pau[o Aposto[o, 1943). 61 JOSEPH F. GALLEN Review for Religious among pontifical institutes.''~° Muzzarelli expresses the same doctrine: "The nature of a diocesan congregation precisely as diocesan is universal only in potency and capacity . . . indeed the mind of "the Holy See with regard to these congregations is not that from their foundation they should be aSso-lutely confined within the boundaries of one diocese. They are rather considered as the first stage, the first phase of juridical et~olution. When this evolution is completed they become pontifical and uni-versal in fact and in law . Hence it generally happens that these congregations become multidiocesan in a short time and l~hus are uni-versal in fact . If the ordinary (of the motherhouse) should refuse his consent, recourse is always open to the Holy See.''11 Father Vidal, S.J., whose eminence as a canonist and years of service as a consultor of various Roman Congregations should qualify him to know the mind and prac.tice of the Holy See, affirms: ". the ordinary of the place of dephrture is forbidden to refuse his " consent except for a serious reason (canon 495, § 1) ; and recourse against an unreasonable refusal would always be open to the Sacred Congregation, which will usually lend a ready ear to such a recourse, unless there is question of an institute that is faring badly and is destined rather for extinction.''x~ The doctrine that a diocesan institute should at least ordinarily spread to other dioceses is held implicitly by many of the authors mentioned below, who teach that diocesan congregations should ¯ become pontifical, since diffusion to other dioceses is in the practice of the Holy See an ordinary prerequisite for obtaining papal approval. 4. Diffusion does not imply separation.--Diffusion to other dioceses is the second phase of the natural growth of a diocesan con-gregation to the juridical maturity of a pontifical congregation. Evidently diffusion does not impiy but excludes separation from the houses of the diocese of origin. Canon 495, § 1 is speaking of the spread of the same institute to other dioceses, not of the erection of. new institutes in other dioceses. The fear of separation, however, can exist. The diffusion of diocesan and even of pontifical congrega-tions to other dioceses of the United States in the last century very frequently was followed by a separation from the houses of the diocese of origin (and the same thing occurred in other countries). ~-0Fogliasso, op. cir., 160-161. The italics in this and subsequent citations are mine. XlMuzzarelli, op. cir., nn. 51, 123. xZWernz-Vidal, Ius Canonicum, III, "De Religiosis,'" n. 61. 62 March, 1950 DIOCESAN OR PONTIFICAL Fortunately, many of these separated congregations have ultimately at least prospered in vocations and in the extent and excellence of their lives and work. These happy consequences have not always been verified. Some of these congregations are still small in number of subjects, and they toil in vain for increase in the rocky territories of few Catholics and few vocations. It would obviously .have been much better if they had remained.united to houses located in dioceses that are more fertile in vocations and also financially. Furthermore, such separations were not of their nature conducive to a progressive improvement in the spiritual and intellectual formation of subjects. These separations may not be effected now without the permission of the Holy See, since the separation would involve at least the erec-tion of a new institute and also the passing of professed religious from one institute to another, both of which require recourse to the Holy See (canons 492, § 1; 632). III. Should a Diocesan Congregation become Pontifical? 1. The Code of Canon Latv.--To Father Arcadio Larra-ona, C.M.F., the present undersecretary of the Sacred Congregation of Religious, we are especially indebted for evolving the answer from the Code of Canon Law. Father Larraona calls attention to the definition in the Code of a diocesan congregation, which is not described as one that has been approved by a local ordinary or as one that does not possess or has not obtained a decree of commendation but as one, "that has not yet (nondum) obtained this decree of com-mendation (canon 488, 3°).'' Thus the very definition of a dioce-san congregation in the Code of Canon Law manifests that it is only in an initial and transitory state and in the first phase of a juridical evolution that is to terminate in the attainment of pontifical approval,la Larraona could have derived the same conclusion from canon 492, § 2. The argument is clearer in the translation of Woywood- Smith, although it can also be d~duced from the Vatican translation. This canon reads: "A diocesan congregation retains that character though it has in the course of time spread to several dioceses, and it remains completely under the jurisdiction of the bishops, until it has obtained from the Holy See approval or, at least, the decree of praise." The Vatican translation of this last and pertinent clause is: "as long as it is without pontifical approval or the decree of commendation." The Code here again does not consider a diocesan congregation to be laLarraona, Cornmentarium Pro Religiosis, II (192 I), 284. 63 JOSEPH F. GALLEN Review for Religious . in a definitive but only in an initial and temporary state. 2. The initiative of bishops.--The most°manifest testimony of the i.nspiration, encouragement, and support of bishops to diocesan congregations becoming pontifical is the vast number of congr.egations that ha~e been approved by the Holy See. This support of bishops wa~ evident at an early date in the era of pontifical approval of congregations of Sisters. The Provinci.al Council of Avignon, held in 1849, enacted the following norm for the bishops of the province: "That [Sisters] may conform their lives to that prescribed by the rule they have professed and observe their constitutions and praiseworthy customs, that the constitutions also may have a greater authority, the bishops are to take care as' soon as possible that these be approved by the Holy See,. if they have not already been approved.''14 The bishops of the Plenary Council of Latin America, celebrated in 1899, established a similar law: "Since in congregations that have spread into several dioceses and whose constitutions have not as yet been submitted to the examination, correction, and approbation of the Holy See, here and there things have been done in good faith that are contrary to the laws and mind of the Hoist See, we decree that, the prescriptions of law being observed, such congregations which, in the judgment of the bishops, increase and give good expectations to the Church shall submit their statutes to the judgment of and petition the approval of the Holy See.''1~ 3. The doctrine of authors. Especially in this important ques-tion authors are cited primarily to manifest the mind and the will of the Holy See and also to give the answer that is generally held in the Church. Greater attention should clearly be given to the canonists who are acknowledged specialists in the field of canon law for religious. LARRAONA: This author has been engaged since 1920 in writing an exhaustive explanation of the canons on religious in the Cormnentariurn Pro Religiosis. The greatest tribute to his authority is the frequency and respect with which he is generally cited by other authors. Writing of pontifical and diocesan congregations before the Code of Canon Law, he states that diocesan congregations were not considered "as something fixed and stable but as incomplete entities, tending by their nature to juridical perfection, which in the second 14Concilium Provinciae Avenionensis, Collectio Lacensi#, tom. IV, col. 351, n. 2. l~Acta et Decreta Con¢ilii Plenarii Americae Latinae (Roinae: Typis Vaticanis, 1902), n. 324. 64 March, 1950 DIOCESAN OR PONTIFICAL? category, that is, in pontifical congregations, alone appeared to be found.''10 This same doctrine, although not with the same urgency, he later applies to diocesan congregations after the Code of Canon Law.17 He likewise affirms: ".-. the constitution of a di6cesan congregation is not very conducive to the internal unity, strength and liberty of diffusion of the institute. The result is that diocesan con-gregations have scarcely begun to evolve and to be diffused when they are borne along almost by their own weight to become pontifical, which corresponds completely to the mind of the Holy See.''~s He styles the diocesan state of a congregation as the novitiate of the insti-tute and says of this novitiate: ". the Sacred Congregation has tended and now tends to surround this [diocesan state] with suffi-cient protection and to affirm it as transitory by representing this state to the eyes of both the bishops and the congregation as a period of probation, which should not be prolonged longer than is necessary to test the spirit and stability of the.congregation and for it to obtain some diffusion. When this test has been surpassed, it is undoubtedly the mind of the Hol~l See that a decree of commendation should be requested.''1° He continues: "Unless congregations become pontifical when they reach the above maturity, experience certainly proves that they can scarcely preserve their unity of spirit, of ministries, and of government. Consequently the.i.r internal force and solidity is almost necessarily exposed to positive dangers, or at least the congre-gation is uselessly hindered and its tendency for diffusion and expan-sion impeded.''u° In another work he reaffirms the same principle: "From the nature of the case a unity of government is scarcely pos-sible if the government itself is practically divided into as many parts as there are dioceses in which the institute has houses.''~ Other passages could be cited from this outstanding author to confirm the doctrine he states above that the diocesan state of a congregation is of its very nature transitory and the mind of the Holy See is that such congregations should seek papal approval after the initial period of probation and diffusion. 16Larraona, 17Larraona, lSLarraona, 10Larraona, 20Larraona, Commentariura Pro Religiosis, I (1920), 137. ibid., II (1921)', 284. ibid., II (1921), 284. ibid., V (1924), 146. ibid., V (1924), 146. ~aLarraona, Acta Congressus luridici Internationalis, IV, "'De Potestate Dorainativa Publica in lure Canon&o," p. 153, nota 17. JOSEPH F: GALLEN Reoieto [or Religious FOGLIASSO22 and. MUZZARELLIz~ accept and assert the doc-trine of Larraona, but the latter adds: ". especially when a con-gregation has spread to distant territories a practical necessity exists of asking for a decree of praise and approval of the con'stitutions from the Holy See, if one wishes to provide for the security, unity, and becoming expansion of the entire institute.''24 BASTIEN, who is a most eminent authority on the canon law for institutes of simple vows, states in the editions of his book pub-lished both before and after the Code of Canon Law: "The condi-tion of a diocesan congregation, as described in the preceding pages, is rather precarious; spread in different dioceses, they are dependent upon various bishops, without a sufficiently strong central authority. No wonder, then, that the. Holg See desires them to leave this initial stage, and exhorts them to present their constitutions [or its ap-proval."~ 5 BATTANDIER, who is of equal authority on institutes of simple vows, states in the same editions of his hook: "But the,dioce-san institute can naturally have the desire to attach itself more closely to the Apostolic See, which will give more authority to its govern-ment, more stability to its laws, and will permit it to be assured of the future.''~° Among the authors who have expressed their opinion less strongly are the following: CREUSEN-ELLIS: "When the new institute shall have devel-oped sufficiently and shall have shown by the test of time the value of its religious spirit and its unity, it may ask of the Holy See a posi-tive approbation.''27 "The Code does not provide for the erection of provinces in an institute which is purely diocesan. When it has arrived at this importance, it should ask for approbation from Rome, which will make its life and its government more autonomous.''2s 22Fogliasso, op. cir., 160-161. Z3Muzzarelli, op. cit., nn. 51, 102. ~4Muzzarelli, op. cir., n. 102. ~SDom Pierre Bastien, O.S.B., Directoire Canonique a l'usage des Congrdgations ~ Voeux Simples (lst edit., 1904, Abbaye de Maredsous), n. 22; (4th edit., 1933. Bruges: Ch. Beyaert), n. 70. The translation is that of D. I. Lanslots, O.S.B., Handbook of Canon Law (New York: Pustet, 1931), n. 19. Lanslot's d!gest is based on Bastien. ~OMgr. Albert Battandier, Guide Canonique Pour Les Constitutions des Instituts Voeux Simples (Paris: Librairie Victor Lecoffre), 4th edit., 1908, n. 19; 6th edit., 1923, n. 20. :tTCreusen-Ellis, Religious Men and Women in the Code (Milwaukee: The .Bruce Publishing Company, 3rd English edition, 1940), n. 27. ~SCreusen-Ellis. ibid., n. 30. 66 March, 19 5 0 DIOCESAN OR PONTIFICAL? BOUSCAREN-ELLIS: "'It is the mind ot: the Church that after a diocesan congregation has developed its membership and spread to other dioceses, and has given satisfaction in its pursuit of good works, it may apply to the Holy See for pontifical approbation and thus become a po.ntifical institute.''2~ REGATILLO: "Diocesan congregations are not accustomed to be divided into provinces because when they are sufficiently diffused they become pontifical.''~° RAMSTEIN: "Since every religion of diocesan law normally entertains the hope of acquiring in time the status of a religion of papal approval . JOMBART: "A congregation spread into several dioceses and flourishing generally desires to become pontifical.''z2 "A multidioce-san and large congregation desires almost always to become pon-tifical, the better to safeguard its unity.''3~ Doctorate dissertations in canon law of the Catholic University of America have expressed similar opinions: ORTH: "The great difference that exists between episcopal and papal approbation is well known and, since the papal dxcels the epis-copal in extent, being wider and greater in effects and giving assur-ance of an unerring guidance, it is not in the least surprising that from the start, a new religious congregation will have this in view, to obtain a favorable decision'concerning itself from the Holy See. In its early stages a new community is still in an imperfect condition. Though entirely an autonomous society, yet it is subject to many restrictions on the part of the bishop. Besides formerly if it should chance to spread into other dioceses many things militated~ against unity which is a prime requisite in order that the institute preserve its original nature and purpose. In this respect nowadays it is welI pro-tected by the Code. The aim of the new society will be to have firmness and stability, to be enriched with all the privileges and favors of Mother Church, which aim will not be fully obtained unless it has received the seal of definite approbation from the Head of all christendom.''34 "The spread to other dioceses is considered ~t0Bouscaren-Ellis, Canon Law (Milwaukee: The Bruce Publishing Company, 1946), p. 234. Z0Regatillo, lnstitutiones luris Canonici (Santander: Sal Terrae, 1946), I, n. 650. 81Ramstein, A Manual of Canon Law (Hoboken: Terminal Printing ~ Publishing Co., 1947), p. 299. a22ombart, Traitd de Droit Canonique (Paris: Letouzey et Ane, 1946) I, n. 810, 2. 33Jombarr, ibid. 8'~C. R. Orth, O.M.C., The Approbation of Religious Institutes (Washington: The Catholic University of America, 193.1), p. 131. 67 JOSEPH 1::. GALLEN the best reason for asking the approbation of the Holy See, because in that case there would be as many heads as there are bishops of the places where the community is established and this multiplied gov-ernment is not conducive to unity.''s5 FARRELL: "When a congregation has received pontifical appro-bation many phases of its subjection are withdrawn from the local Ordinaries in whose territory the congregation exists, and this juris-diction is supplanted by direct subjection to the Holy See. Thus, unfettered by the divergencies of the multiplicity of diocesan juris-dictions, the congregation achieves an extensive opportunity to exer-cise in a wider way the autonomy of moral personality, affording a unity of purpose through the various ramifications of its internal government to accomplish more effectively the work and purpose of its foundation.''s° IV. Conclusion The reader is now in a position to give his own answers to the questions of this article. These answers should be based primarily on the mind and will of the Holy See and on the common opinion in the Church. If the will of the Holy See is evident with regard to any action, arguments in favor of or contrary to that action are simply a matter of indifference. The intrinsic arguments for seeking papal approval emphasized by the authors cited above are: (1) the government and the constitu-tions of the institute receive a greater authority; (2-) the central and internal government becomes stronger; (3) the unity of govern-ment, spirit, and ministries of the institute is preserved;. (4) the in-stitute is endowed with a greater stability and is thus better able to preserve its original nature-and accomplish its original purpose: (5) the life and government of the institute become more autono-mous; (6) the institute has a greater liberty of diffusion and thus of increase. To these can be added (7) the more autonomous character of the institute naturally begets a greater internal initiative; (8) the immediate subjection to the Head of all Christendom and the wider diffusion of the institute are more apt to engender the universal view-point of the Holy See; (9) the constitutions approved by the Holy See and examined and corrected by specialists will very likely possess a greater excellence and utility. s~Orth, ibid., p. 145. SOB. F. Farrell, The Rights and Duties of the Local Ordinary Regarding Congrega-tions, o[ Women Religious o[ Pontifical Approval (Washington: The Catholic Uni-versity of America Press, 194~1), p. 56. 68 The Vir :ue of F:ait:h in :he Spiri :ual Life ~lohn Matthews, S.~I. BY ITS BAPTISMAL BIRTH man's soul receives divine life for the first time. It takes on a wholly, new and higher life. A second life comes into the soul and into its powers of mind and will. While sanctifying grace lifts the soul to a divine way of life, the virtues of faith, hope, and charity fill man's mind and will with the strength he needs to live his higher life. Thus grace thrbugh faith, hope, and charity makes us new men with new minds and wills. But what is faith? Life means power; faith is a God-given power of our grace-life. Life means lasting power; on this earth the holy person always possesses faith. This faith is a virtue, a power to take God at His word. By faith in action we believe God just because it is God who has spoken. In faith we bend our minds to the authority of God, of God's Son 3esus Christ and of God's Church. Man has a duty of bowing his whole self before God; through faith be subjects his mind to God. Thus faith is belief in God because He knows and tells the truth; those who enjoy such faith we call the faithful. In our Christian life this virtue is absolutely necessary. ~¢ usually comes through baptism and is lost only by mortal sins against faith such as heresy and apostasy. So the grown-up without faith lives in serious sin and has turned himself away from both God and heaven. "But without faith it is impossible to please God" (Heb. 11:6)--in the way God wants to be pleased, honored, adored, loved and obeyed, i.e., in the supernatural way of life. Again, we need faith because it enters into every deed of our grace-life. In all these works faith is at least implicit. Lastly, as souls born of God, we must have faith. For, as the child must be able to take his parents at their word, so we must be able to believe our heavenly Father: and we do this by faith~ "For you are a11 the children of God by faith" (Gal, 3:26). This important virtue of which we speak is a supernatural gift. It forms part of the equipment by which holy souls live and grow in the divine life. With this faith we know truths man could never know of himself. All the genius of Aristotle, Shakespeare, and 69 JOHN MATTHEWS Review [orReligious Edison could never figure them out; all the power of all men's minds could, never guess them. For by faith we know divine truths in a divine way. We see with certainty what God has told men through Christ and the, Church;; we take a .deeper look into God's teachings; we view everything with a sight and understanding far beyond the human. Through faith, furthermore, we possess the mind of Christ. "But we have the mind of Christ" (1 Cot. 2 : 16). This is the new mind we receive along with the new life of grace. No longer do we think and plan in a merely human{ way but we think as Christ did, we plan as Christ planned, we value what Christ valued. We think holy thoughts; we know the truths Christ knew and chose to tell us; we accept His judgments and values on everything, e.g., on the world, on race and color, on the human soul. With the new mind of faith the supernatural man looks on all things in their relation to God and to his own salvation. This is faith at work--a living active fruitful faith: The virtue of faith, while itself interior, produces acts of faith both interior and exterior. Indeed, the faith of God's children must be a working faith. Such is the message of St. James in his Epistle. "For even as the body without the spirit is dead, so also faith without works is dead" (James 2:26). Possessing the mind of Christ, we must use that mind to live our divine life. For faith is the rock-foundation of our morals, our devotions, and our liturgy. Hence our holy deeds must be rooted in and must spring from faith in action. The "man of God must live by faith, and this he does when he bows his mind to divine truth on God's authority and when he guides his actions by that truth. Faith guides our actions by entering into there. It underlies and penetrates all our virtuous acts. The Catholic can hope for heaven only after faith tells him heaven exists. The faithful obey Christ's Church because faith assures them it is the true. church. Penitents by approaching the confessional bear witness to their faith that God's priest has power to forgive sins. In his belief that bap-tism is necessary for salvation, the Catholic father bears his child to the font of eternal life. Confirmed in faith, God's children adore the Eucharistic Christ, receive Holy Communion, and offer the Holy Sacrifice. As another instance of how faith penetrates.our life of holiness, let us consider charity. This latter virtue shows .itself in many diverse acts (1 Cot. 13:~r-8). There is the love of God above all 70 March, 1950 VIRTUE OF FAITH else, which we must practice in order to continue living the divine life. There are the works ofmercy, compassion' for one's fellow men, perfect contrition, almsgiying, the love of our neighbor in Christ, th~ expending of self for God's sake and for others. The reason why holy souls do these charitable deeds is the love of God in Himself and of men in God. But this infinite lovableness of God they know through.faith, which teaches them that God deserves to receive our purest love. Thus faith enters into our works of charity by supplying a supernatural reason for doing them. So too in all the circumstances of life does faith play its divinely assigned part. The truths we believe have power to overcome our human fear, weakness, and distrust of seIf. How often Our Savior spoke these words: "thy faith hath made thee whole" (Matt. 9:29; 15:28; Luke 8:48; 17:19). In the face of temptation, sickness, evil habits, poverty, andpersecution our faith gives us grounds for confidence that we can overcome all hardships in a Christlike man-ner. "This is the victory which overcometh the world, our faith" (1 dohn 5:4). In. order to see further the force and value of Catholic belief in the soul, let us view two men-~one with and the other without faith. On the death of a relative the latter can give only human sympathy, cannot help the deceased, can only send flowers and'can-not comfort the bereaved very'greatly. The real Catholic through his faith speaks words of divine sympathy. He helps both his dead relative and bereaved kinsfolk--by his comforting words, by his prayers and Masses and virtuous deeds. The soul without faith grieves as those "who have no hope" (I Thess. 4:13); the faithful soul sees in death God's will, entertains the hope of eternal happi-ness for his dear deceased, and offers his pain at bereavement to help his relative into heaven. Again the work of faith appears when these same men yisit a Catholic church. To the faithless person the church is a structure--perhaps, a thing of beauty; to the faithful, it is a home, a holy place, the house of God. For the former the stained-glass windows may be works of art; for the Catholic they serve to recall the mysteries of his religion and to hold his mind in prayer. In the opinion of the man without faith the baptismal font, confes-sional, and altar rail are the ordinary furnishings of a church; the child of God esteems them as sources of divine life in his soul. To his mind the tabernacle is no mere happening but the abode of Christ in the Eucharist; the altar is no chance property but the place of daily sacrifice, the bne thing withoutt which no building can be a church: 71 JOHN MATTHEWS the sactuary lamp is not just an adornment but a sign to the faithful that Jesus is at home, waiting for their visit. In the Catholic church the person who has not faitl-J is a stranger and sight-seer, the man of faith is at home with Jesus in His Father's house. So vast is the difference between the person without faith and the man whose actions are wholly penetrated by tiis Catholic faith! Let us sum up now the work of faith in the divine life of our soul. The virtue of faith gives us a new mind, enlightened with the new truths of Our Lord's Testament. A grown-up receiving the virtue of faith, may seem the same after his conversion as before-- ¯ but he is not. He has new thoughts; he knows God's new com-mands; all events in his life take on a divine meaning for eternity: his belief gives a heavenly purpose to his actions: he will soon show by his outward deeds of virtue the inward change within his mind. "For with the heart we believe unto justice: but with the mouth confession is made unto salvation" (Rum. 10:10). Moreover, to live the life of grace we must 1ire a life of faith. This virtue must influence' a11 our actions. Hence our every deed must be an act "of faith, must bear witness that we choose~ to be amongst God's faithful, must be a profession of our belief. Our religion, which is our .faith, must underlie all the circumstances of our lives and give them a Catholic tone and value. That is the work ¯ of faith. Thus by living a life of faith we actively live our grace-life. "The just man liveth by faith" (Rum. 1:17). Indeed, our faith and our divine life grow step by step together. For every holy deed we do God gives us this reward: our grace-life grows fuller and at the same time our virtue of faith is so deepened and enriched that it becomes stronger against temptation, that we are more Christ-minded, that we can make greater acts of faith. In this manner faith plays its important part in the growth of our divine life. OUR CONTRIBUTORS JOSEPH F. GALLEN and JOHN MATTHEW8 are members of the faculty at Woodstock College, Woodstock, Maryland. DOMINIC HUGHES is a member of the Pontifical Faculty of Theology, Dominican House of Studies, Washington, D. C. 72 On Controversy WE HAVE RECEIVED certain c,r, iticisms for publishing "Thd Three Ages o~f the Interior Life, by G.'Augustine Ellard, S.3". (Cf. REVIEW FOR RELIGIOUS, VIII, 297-317.) One criti-cism is that the "theological erudition" of Father Ellard's article "takes advantage of readers who lack the technical preparation neces- Sary to measure its true weight." (Cf. IX, 42~-43.) Another criti-cism, not sent for publication, is that Father Ellard's article contains controversial matter, and that a magazine like ours should keep clear of controversy. It seems advisable to explain our position. Father Ellard's article was a book review; and the work he reviewed (The Three Ages of the Interior Life, by Father R. Garri-gou- Lagrange, OIP.) is decidedly theological. It is difficult to see how a v~ork of this kind could be reviewed without using theological erudition. Moreover, The Three Ages is intended, as least partly, for just such people as our readers; hence it seems that the theological erudition used in reviewing the work would no more take advantage of readers than would the work itself. It might be added here that one of the precise purposes for founding this REVIEW was tO present sound theology without the technical accompaniments that are usu-ally found in a strictly theological journal. As for controversy, we have always tried assiduously to avoid controversial topics or at least to avoid taking sides in any theologi-cal debate. Less than a year ago, when we published "Mystical Life--Mystical Prayer," by M. Raymond, O.C.S.O., we were care-ful to prefix to the article an editorial note indicating that Father Raymond's view was only one of three legitimately defended opin-ions on the normal development of the spiritual life. We expressed no preference for any of the opinions. (Cf. VIII, 121,) No one objected to our calling attention to the controversial nature of Father Raymond's article. Why, therefore, should anyone object to Father Ellard's pointing out that certain basic questions in The Three Ages are subjects of legitimate controversy? It would be naive to imply that, in publishing Father Ellard's .article, we did not expect contrary reactions. Since the author of The Three Ages has many admirers, it was quite likely that some of 73 ON CONTROVERSY Review for Religious them would come to his defense. It is clear, then, that in publishing the book review, we had to run the risk of controversy. The only ways oi~ avoiding it would be to refuse to review the work, or to publish an insincere review, or to print a sincere review without allowing a rebuttal. None of these procedures was or is desirable. Hence, we have some controversy, and perhaps it may continue for a time. We trust that our readers will find it both interesting and profitable. In this issue we present an article by Father Dominic Hughes, O.P., in rebuttal to Father Ellard, together with a brief reply by Father Ellard and a communication defending his position. Other'expres-sions of opinion on either side will be accepted. However, lest this subject .matter consume disproportionate space in the REVIEW, it seems necessary to limit further contributions to communications. Conditions for acceptance of these communications will be found on page 96. Now a word about Father Hughes's article. In some aspects it differs from our usual editorial policy; yet it seemed better, under the circumstances, to waive insistence on policy. What he says, however, about doctrinal authority in the Church, especially the authority of Doctors of the Church in general and of St. Thomas Aquinas in particular, calls for special editorial comment. For the most part this comment will simply agree with him and emphasize the truth of what he says; in one point it will at least qualify one of his views if not express a complete difference of opinion. Father Hughes rightly observes that the highest doctrinal author-ity in this world is the teaching Church. And this truth needs emphasizing in our times, even in the case of many devout laymen. This teaching Church is composed of the Pope himself, and of the bishops of the world united with tbe Pope, whether in a general council or ~in their respective dioceses. Theologians graphically and reverently style the~e successors to the Apostles theVioum Magisterium (the living teaching body) or simply the Ecclesia Docens (the teaching Church). It is a wonderful thing, this living teaching Church; it pos-sesses not only the great truths of revelation with which Christ and the Holy Spirit endowed the Apostles but also all the wisdom of the succeeding centuries which has been used in the exploration and explanation of the original endowment (the Deposit of Faith,. as it is. called), The Doctors and other theologians have authority only in so far as they express either the doctrine of this living .Church or 74 March, 1950 ON CONTROVERSY speculations which are in conformity with that doctrine. The revelation confided to the Church is a limitless treasure; and our knowledge of the doctrine and its implications is subject to con-stant growth. In this process 9f growth through the centuries there have always been questions that were not clear, that needed further exploration and illumination. Consequently, there have been and are divergent opinions, with abIe scholars defending contrasting views, without remonstrance and even with encouragement from the Church. The interesting question thus arises: how is the theologian of today to align himself in such controversies? Thd first duty of the true theologian is to judge the reasons of the respective sides in the light of already established principles and doctrines. Finding the reasons lacking sufficient cogency to win his preference, he might then inspect the authorities holding the different views. Suppose that in a debated question such as I have just outlined, a Doctor of the Church would be the principal defendant of one opinion. Should he, by the very fact that-he is a Doctor, win the theologian's intellectual preference? I get the impression from Father Hughes's article that he would answer this question in the affirma-tive. If this impression is correct, there is room here for a difference of opinion. The title of Doctor of the Church includes an official declaration of eminence in theological learning, but not necessarily pre-eminence over all uncanonized scholars. The eminence of some of these uncanonized theologians is attested by the constant use of their works in theological schools and even by the great, confidence placed in them by the Church while they were still living. Father Hughes suggests that in the canonized Doctor there is the added con-sideration of supernatural wisdom. But this wisdom is not limited to the canonized; it accompanies grace and virtue, not canonization. And history attests that many of the uncanonized scholars were men of lofty virtue. For example, speaking for Benedict-XV, Cardinal Gasparri styled Scotus a "most holy man,"; and speaking for himself Leo XIII referred to eminent Jesuit scholars (none of whom .were then Doctors of the Church) as men of "extraordinary virtue." So much for the authority of Doctors of the Church in general. As for St. Thomas Aquinas in particular, it is unquestionable that the Church's esteem for him is unique. Canon 1366, § 2, directs that professors of philosophy and theology should treat these subjects after the method, doctrine, and principles of the Angelic Doctor, and ¯ should hold these as sacred. An examination of the many documents 75 ON CONTROVERSY Review for Reliflious referred to in the sources of this' canon shows that it is but a capsule formulation of the insistent injunctions and directives of Leo XIII, Plus X, and Benedict XV. These Popes considered him not merely as an individual but also as the representative of all the great Scho-lastics of his time because in his works the best of their teaching is most perfectly embodied. Six years after the promulgation of the Code of Canon Law, Plus XI reaffirmed the praise and injunctions of his predecessors in an encyclical letter (Studiorum Ducem, June 29, 1923) which is rightly called a papal commentary on canon 1366, § 2. Finally; just a few months after he became Supreme Pontiff, Plus XII, in an address to clerical students in Rome, .recalled and approved all these directives (June 24, 1939). Obviously, therefore, the Church wants professors and students of philosophy and theology to follow St. Thomas. Ye~ it is not to be a slavish following which, in the words of Benedict XV, "would clip the wings of genius with consequent injury to the deeper study of theology," (Spoken in an audience granted to the Jesuit General and his Assistants, Feb. 17, 19.15.) 'This is not the place to try to indicate precisely the legitimate limitations to the following of St. Thomas; but it may be well to show, through the words of the Popes themselves, that the~e are some limits. Speaking of the "wisdom of Aquinas," Leo XIII insisted that he did not wish to propose to our age for imitation "anything which does not duly agree with the proved findings of a later age;" or any-thing "which does not hax~e its measure of probability." (Cf. the encyclical Aeterni Patrfs, in Fontes Codicis, III, p. 149.) Benedict XV declared in a letter to the Jesuit General (Mar. 19, 1917) that the Roman Pontiffs "have invariably held that St. Thomas must be regarded as the guide and master in the study of theology and phi-losophy,, although everyone retains full freedom to argue for either side of those questions which can be and are wont to be disputed." Pius XI, having enjoined the strict observance of canon 1366, § 2, added: "But let no one require of others more than is required of all by the Church herself who is the teacher and mother of all; for in those matters in which there is division of opinion among the best authors in Catholic schools, no one is forbidden to follow that opinion which seems to him to be nearer to the truth." (AAS, XV, 324.) Finally, in the address previously referred to, Pius XII said: "At the same time we make Our own the warnings of these same Predecessors, whereby they sought to protect genuine progress in sci- 76 ON CONTROVERSY ence and lawful liberty of research. We thoroughly approve and recommend that the ancient wisdom be brought into accord, if need be, with the new discoveries of scholarship; that there be free discus-sion of points on which reputable students of the Angelic Doctor commonly argue; that fresh resources be drawn from history for the better understanding of the text of St.Thomas." (AAS, XXX; 246-47.) Some people, hazily cognizant of historical disagreements on certain profound questions, seem to think that Dominicans and Jesuits are always on opposite sides of a theological debate and that Jesuits are not followers of St. Thomas. The impression is false. And it may be informative to add here that St. Ignatius enjoined the study of the "Scholastic doctrine of St. Thomas," and that this rather general prescription of our constitutions was made very definite by our Fifth General Congregation (1594), which legislated that Jesuits must consider St. Thomas as their own special doctor. The words of Leo XIII are witness to the fidelity of Jesuits in carrying out this command. Speaking of eminent Jesuit theologians, the Pope said that "being as they were, men of extraordinary virtue and talent, and applying themselves assiduously to the works of the Angelic Doctor, with certain arguments they expounded his tenets in a manner full and excellent,, they adorned his doctrine with the rich trappings of erudition, they made many keen and practical deduc-tions therefrom for the refutation of new errors, adding besides what-ever declarations or more exact decrees had since that time been made by the Church in this same field. The fruits of their industry no one in truth can spurn without loss to himself." (Apostolic Letter Gravissirne Nos to the Jesuit General, 1892.) --GERALD KELLY, S.J. SEARCHLIGHTING OURSELVES Many shrewd observations for retreats and tridua are found in Searchlighting Ourselues, the Retreat Notes of Father Timothy Brosnahan, S.J., edited by Francis P. LeBuffe, S.J. The book contains notes on the various meditations of The Spir-itual Exercises, several conferences on basic points of the spiritual life, and a number of special meditations, notably a series on the Beatitudes, for use during tridua. Jesuit Seminary and Mission Bureau, 51 East 83rd St., New York 28, N.Y. 77 Works of Made/v anit:es!: Dominic Hughes, O.P. CHARITY and solicitude for souls moved .Father Ellard (RE-VIEW FOR RELIGIOUS, November, 1949) to lay several stric-tures upon Father Garrigou-Lagrange's Three A~es of the Interior Life. That same charity now prompts a staying hand. Petulance or truculence cannot rise to defend either side in chari-table controversy. Neither party can reprove the sincere expression of an opinion any more than either can approve indefiniteness in doc-trine or ineptness in expression. Rather both must call upon charity's constant companion, wisdom, whose "abode is in the full assembly of the saints" (Ecclesiasticus 24: 16). However unqualified writers or readers may be in matters secu-larly or sacredly scientific, their judgment from wisdom will partake of that calm and certitude of those aware that "If anyone desires to do His will, he will know of the teaching whether it is from God" (,John 7:17). Even in these controversies about subsidiary doc-trines and their suitable expression something of the clarity and security of a truly wise appraisal is attainable, "for the spiritual man judges all" (I Corinthians 2 : 15). The judgment of the spiritual man is based on neither caprice nor allegiance, but solely upon wisdom. "It pertains to wisdom," --St. Thomas, the Common Doctor, expressed the common doc-trine--" to consider the highest causes through which it may judge of other things with the greatest certitude and according to which it should order other things" (Summa Tbeolo~qica, II-Ilae. q.45, a.1). Wisdom, then, has one main product and two by-products. The primary product of any habit of wisdom is a "consideration of the highest causes." In the different orders of reality and knowl-edge, various highest causes attract the attention of divers kinds of wise men. In any case, however, the object of wisdom's considera-tion is the ultimate, in words as in works. In works the absolute ultimate in no way ordered to anything further, and the measure of all, are the works of God made manifest in the works of Christ. Relatively ultimate, first and last in a particular line, and the measure of that group, are the works, for example, of a founder of a religious society, so that St. Ignatius would be the measure of the accomplish-ments as Jesuits of his followers, even of the glorious achievements 78 March, 1950 WORKS OF GOD MADE MANIFEST of St. Francis Xavier and St. Robert Bellarmine. In words, the absolute and unassailable ultimate is the voice of the Church and Sacred Scripture. Relative ultimates, too, are found in various writings: .those of St. Thomas for the whole of theology, those of St. Alphonsus Liguori for practice in moral problems, and those of St. 3ohn of the Cross inmatters mystical. Upon the basis of this "consideration of highest causes" wisdom has as one of its by-pr0ducts a judgment of things other than the highest cause itself "with the greatest certitude." The maximum of security in judgment is not invariable, but will change according as the highest cause is either absolutely or only relatively ultimate. In matters in which the Voice of God has not yet been heard---or may never be--the certitude attainable cannot be as unqualified as when the Church has spoken. Yet various other causes may be given a limited but appreciable certitude as they more or less cogently elimi-nate any worthy fear of contradiction. Moreover, some considera-tions within the scope of wisdom's judgment, metaphysics for example, need admit of no exceptions. Moral judgments, of which the mystical is a phase, however, can attain a certitude about human actions only "as they most often happen." "For it is the mark of the educated man to look for certitude in each class of things just so far as the nature of the subject admits" (Aristotle, I Ethics, c. 3). In this spirit, St. Augustine, who was well aware that no case was finished until Rome had spoken, expressed a wise certitude: "I do not wish my reader to be bound down to me, so I do not wish my corrector to be bound down to himself. Let not the former love me more than the Catholic faith, let not the latter love himself more than the Catholic verity . Do not be willing to amend my writings by thine own opinion or disputation, but from the divine text or by unanswerable reasons." (On the Trinity, Bk. III, Preface.) The mere possibility of an unwarranted contradiction because his every word was not inspired or even uncontested--was not enough to unsettle the mind of St. Augustine, even about what he himself had written. Certainly others reading his words so often approved by the Church can reach the "greatest certitude." Like-wise, concerning a wide variety of matters, even without a decision of the Church or a consensus of theologians, certitude can be had upon the basis of either the arguments proposed or auth6rities cited. The citing of authorities is not a matter of number but of weight. The weight of one Doctor of the Church can overbalance toward 79 DOMINIC HUGHES Review [or Religious certitude any dispute, despite the contradictions of a multitude of theological scribes. Weighing such authority is the second by-product of wisdom. From a catalog of opinions or an enumeration of members of various schools a deep appreciation of human limita-tions may be derived, but scarcely a wise judgment. Wisdom, in addition to considering the highest causes and judging other things with the greatest certitude, orders other things .acgording to the highest cause, either in any particular grouping or according to the absolute ultimate itself. It does not gather a crowd but establishes a hierarchy. Not how many authors may be found who differ from one another, but how they are arranged relative to the primary master of the subject, e.g., ~lohn of the Cross~such is the judgment of wisdom. This wise ordering of authors, moreover, avoids two extremes. Spiritual atavism is inclined to bow so low and so often before the ancestral authority of a father, either of the Church or even of a particular spiritual family, that little opportunity is afforded for examining or explaining doctrinal implications or making practical applications. The other extreme to be shunned, more a tendency than a tenet, is a mollified "modernism." Those affected by it are disposed to judge the latest as the best, the more contemporary as the, more commendable. The foundation for avoiding both extremes, too much of the past, too much of the.present, and of formulating a truly wise judgment is an ordering, not according to.personal prefer-ences but according to principles. The principles of wise judgment are not personal but the peren-nial preferences and special approbation of the Church. When the Popes have praised and so often used particular authorities, e.g., St. Augustine or St. Thomas, as the highest, though not the exclusive causes for engendering certitude in the judgments of the faithful, there is little fear of worthy contradiction in following their example. In that case, other theological or spiritual writers, as they more or less approach and approximate the doctrines of these highest causes of the greatest possible certitude will take their place in the estimate and esteem of wisdom. The impressiveneses of such considerations as numbers, either of authors or copies of their works sold, avail-ability in English, or other such shavings of certitude is, for wisdom, negligible compared to the arguments or authority of but a single Doctor of the Church. These teachers of the "mind of Christ" offer principles at once profound and practical. The highest in heaven always seem the most down-to-earth. None realized more than they how each soul 80 March, 1950 WORKS OF GOD MADE MANIFEST must budget its talents, using a few well-coined principles through- Out its spiritual life to make both ends meet---in God. Prodigality in principles and in words, they were sure, would contribute to neither practicality nor profundity. With but little, and all of that Christ's, they sought and saw the deep things of God and the deep things of each soul on its way towards Him. The profundity and practicality of other spiritual writers can be wisely appraised only as it more or less approaches what is found in the Doctors both in their wisdom by infusion and their Wisdom by 'industry. Together in a single act these fountainheads of truth converged to give the saintly doctors their certitude. In others--so often what is united in superiors is divided in inferiors--an actual judgment is the result of either one or tlSe other, either of wisdom by infusion or of wisdom by industry. Wisdom by infusion, the science of the saints, as a Gift of the Holy Ghost judgeswith certainty and orderliness, not through metaphysical discourse, but by a loving accord with its object--"by tasting and seeing that the Lord is sweet." Wisdom by industry, the science of theology, on the other hand, secure though it is in the principles of faith, suffers the labors and infirmities of all human effort. Yet,. at times, wisdom by infusion must appeal to wisdom by industry to corroborate its expressions and to co-ordinate its findings; the mystics and spiritual writers must submit divine truth to the scribes in theology for a test in human terms. Wisdom's test, in human terms, concerning the charitable contro-versy over the divergent views of Father Garrigou-La~range and Father Ellard involves two major considerations: doctrine and method. The points of doctrinal divergence most worthy of mention con-cern the Gifts of the Holy Ghost: contemplation: its place and kinds; and the unity of the interior life. The methodological differences arise either positively from the stress or emphasis of one doctrine more than another, or negatively through the omission of detail by some considered as integral to any spiritual treatise. WISDOM IN WORDS: DOCTRINE The points controverted concerning the Gifts of the Holy Ghost are their necessity, nature, function, and number. " Concerning each of these points separately, and cumulatively, too, Father Ellard brings forth his hobgoblin--uncertainty. Upo'n how little might be said with certainty there can be found only the sole small voice of scholarly research, Father DeBlic, who 81 DOMINIC HUGHES Review [or R'eligious minimizes w.hat even Father De Guibert, S.J., thought .an irredu-cible denominator. Many Dominican theologians, are cited as recog-nizing a.controversy upon the matter, but the conclusions of each do not seem worthy of mention by Father Ellard. If thi~. process were pushed to its principle, it would imply that as soon as a point is questioned it immediately becomes questionable, and as soon as doubted, doubtful. Such can. scarcely be a moving principle to wis-dom which has ordered authorities according .to the highest among them and thus attained the "greatest certitude." To corroborate the general judgment of wisdom, however, each subordinate point which has come under scrutiny may well be examined. The necessity of the Gifts, as explained by St. Thomas, seems to have suffered the least from the minimizing tendencies of later and lesser theologians. None of the mystics, moreover, have found them a luxury. They are vital to the life of divine grace; "the just man," Leo XIII testified in his Encyclical Dioinum illud munus (May 9, 1897), "has need of these seven gifts." Because of the overwhelming testimony in tradition to the intimate association of the state of grace and presence of the Gifts, even the doughtiest opponent of Thomistic doctrine on the Gifts must treat the denial of this point as negligible. The nature of the Gifts, however, is quite another matter. "They make us docile to the Holy Ghost," according to a formula suffi-ciently broad to embrace all'variants, but not to preclude precisions. While all would agree that docility to the Holy Ghost is of the essence of the Gifts, as Father Ellard triumphantly pointed out to drive in the wedge of uncertainty, "not all" would ,concur with St. Thomas in finding them distinct habits in the soul. The words of Sacred Scripture itself give warrant for St. Thomas's doctrine, inasmuch as they imply a unique divine influx. This,doctrine of St. Thomas cannot lightly be set aside. His reason cannot be dis-proved, his authority no one can gainsay. Although obviously not of Faith, his doctrine has an approbation by the Church incompar-ably above any i~f those proposed by Father Ellard as competitors for our certain allegiance. Ordinary permission to teach or publish thisis only a faint resemblance to the abundant approval given to Doctors of the Church. In them, because of their sanctity and the special scrutiny of their works, the Church recognizes unique wit-nesses and guardians of her patrimony, the doctrine of Christ. Over and above the acclamations usually given to a Doctor, St. Thomas has received frequent and unique marks of esteem from the Church. Pope Pius V referred to him as "the most certain rule of Christian 82 March, 1950 X~rORKS OF GOD MADE MANIFEST doctrine," and Pope Clement VIII was sure that he could be "fol-lowed without any danger of error." These" and many other state-ments by successive Popes are not private hyperbole but public declarations, normative if not mandatory in Faith. Against this weight of certitude from St. Thomas, Father Ellard proposes (p. 305) a theologian described, in a citation from clerical students, as the."Subtle Doctor." Of the su.btlet~r of'Scotus there is no doubt; but of the tebm "Doctor" as applied to him there is con-siderable reason for hesitance. No more of a' Doctor of the Church than so many others who have taught in her schools throughout the centuries, Scotus has neithe~ the approval of his sanctity nor of his doctrine that is required of a Doctor. His opinion is, therefore, of an entirely other brder in certitude from that of St. Thomas. It is on a plane "with that of Suarez, who could not concur with St. Thomas in the matter of grace but could affirm against Scotus that he appreciated the importance of distinguishing between the virtues and the Gifts. The allegiance, moreover, of St. Francis de Sales to the doctrine of Scotus cannot be alleged'with certitude. The Gifts are, in the words cited by Father Ellard' (p. 306), "the virtues, properties and qualities of charity." (Cf. The Looe or: God, XI, 15.) "Speaking precisely," as St. Francis assured us he was doing, all these entities are distinct from the essence, although perhaps inseparable from it. In like manner, although the Gifts and charity are always together, they do not merge into one habit, otherwise the same might be said of St. Francis de Sales' doctrine of the relation of charity and the other infused virtues. Charity would not then be the "gift of gifts" (XI, 19), but the one gift, n6t the essence or bond of perfection, but the whole of the spiritual organism. There is nothing suffi-ciently explicit in the words of St. Francis de Sales to indicate an approval of the Scotistic opinion or the disapproval of the doctrine of St. Thomas. Even if a rivalry were established between these two Doctors of the Church, inasmuch as the matter is one of theological principles, the preponderance of authority would easily go to St. Thomas. To St. Thomas, then, and not to Father Garrigou-Lagrange, wisdom looks for its "highest cause" according to which it might order other opinions and thus attain the "greatest certitude" possible concerning the nature" of the Gifts. Obviously, Pohle-Preuss, Forget; Van der Meersch, and legions of other writers who subscribe to what is least as what is safest, are far from disturbing the certitude of 'a 83 DOMINIC HUGHES Reoiew for Religious soul in which wisdom dwells. The judgment of wisdom appre-ciates the authority and approves the arguments, the sublimity and certainty, of the doctrine on the Gifts proposed without equivoca-tion by St. Thomas. Allegedly based upon St. Thomas and employing his authority is the more recent confection of two different modes of the Gifts in life. The gesture with which Father Ellard includes Cardinal Billot among Thomists is so expansive that it would embrace all who, for one point or another, approximate the teaching of the Angelic Doc-tor, whose method, doctrine, and principles are to be held by all teachers as sacred according to the mandate of the Church (Code of Canon Law, canon 1366, § 2). Moreover, the contemporary pro-ponent of the theory qf two modes of the Gifts in this life, one ordi-nary, the other extraordinary, was immediately and unhesitatingly denounced as having mistaken and misquoted St. Thomas by Fathers R. Dalbiez (l~tudes Carm$litaines, April 1933, pp. 250ff.) and P. P~rinelle (Revue des sciences philosophiques et theologiques, No~ember 1932, p. 692), as well as by Father Garrigou-Lagrange (La Vie spirituelle, November 1932, suppl, pp. [ 77 ] if). Such total misinterpretation of St. Thomas cannot be a "form of modern Thomistic theory on the Gifts," as Father Ellard would have it (p. 310), but rather a warning against making St. Thomas a wit-ness to any elaboration prejudicial to his principles. Certain, partly because it is "seamless," Thomistic doctrine preserves its purity and integrity by faithful adherence to the "method, doctrine, and prin-ciples" in the text of St.' Thomas, particularly in the question of the nature of the Gifts. The number of the Gifts is likewise clearly and authoritatively determined in the text of St. Thomas. As always, he is in full accord with the texts of Sacred Scripture which the Church and the best exegetes c~ansider most reliable, as well as the sense of the Church in the hymn Veni, Sancte Spiritus, and the Catechism of the Coun-cil of Trent. St. Augustine is of the same mind (cf. On Christian Doctrine, II, 7), and St. Francis de Sales refers to the "seven Gifts of the Holy Ghost" (The Love of God, XI, 19) in a text otherwise considered probative by Father Ellard (p. 306). To introduce and perhaps induce a doubt in the traditional enumerhtion as taxative or "limitative," Father Ellard cites (p. 309) an author who would amplify the number as by "an infinite variety of shades." This plethora, seven is a "plenitude," the same author affirms is the intention of the sacred authors, "as we know." How we are to know, 84 March, 1950 WORKS OF GOD MADE MANIFEST however, is not indicated. Either a private revelation or some extremely adroit exegesis would be necessary to belie the authority of Doctors of the Church, who, so close to the primary author of Sacred Scripture--the Holy Ghost--have considered the Gifts as numeri-cally determined. Determination by the Doctors on one point may leave still another undetermined with exactly the same cogency and certitude. St. Thomas himself, having given, on the authority of another, a general schema of the functions of the various gifts, found it neces-sary to reconsider one of its aspects. "Who will assure us that the . last is perfect?" Father EIIard quotes (p. 309) a scholar who has studied the point. Who, on the other hand, will be temerarious enough to.insist that the last is imperfect or.less perfec~ than any other proposed? A distinction and argument which, after long thought, had clarity and cogency for St. Thomas has the added note of authority for those who wisely appraise both the change and the conclusion. In making his schema, St. Thomas realized he was establishing an appropriate parallel, an educative device, an argu-. ment of convenience. Neither he nor St. Augustine--nor Father Garrigou-Lagrange--attributes the same probative force to a schema as to a syllogism. Indeed, The Three Ages evidences an admirable conformity to the doctrine of St. Thomas, and his classical commen-tator, John of St. Thomas, in the substance and schema for the functioning of the various Gifts. The final point concerning what Father Ellard chooses rather ungraciously to call "the present-day Thomistic hypothesis" of the Gifts is their association with the doctrine that some graces are intrinsically efficacious. A larger issue is involved here than the .mat-ter of the Gifts and it should not be treated by innuendo. If at this juncture "many people pause," as Father Ellard expects (p. 310), because the common pre-Reformation doctrine on the efficacy of grace and the nature of the Gifts are "indissolubly bound" in doctrinal integrity, will it be to neglect an assured and consistent teaching for one that is hopelessly entangled in affirmations, denials, and com-promises? Those who demur at the doctrine of grace as expounded by St. Thomas cannot fail to deny his teaching on the Gifts. Only a compromise could enable Suarez to affirm the doctrine of St. Thomas on the nature of the Gifts and deny his doctrine on grace. Such compromises are always uncertain, as the doctrinally internecine con-flict among Molinists and Congruists amply testifies. Somewhat as a summary of his consideration of the .Gifts, 85 DOMINIC HUGHES Review [or Religious Father. Ellard implies (p. 311) that because leading Thomists are aware of controversies they themselves are subject to uncertainty. Nothing could be further from the truth, unless that Catholics by their cognizance of heresy diminish their faith. Moreover, because the teaching of The Three Ages is based upon what "the great majority of theologians hold with St.Thomas," a wise judgment would con-cede Father Ellard but poor pleasure in having ferreted out an admission that "'not all [italics his] theologians agree on this par-ticular fundamental point." Upon such minimal evidence and defensive techniques only an artificial uncertainty and imprudent reservation or suspension of judgment can be built. Father Ellard-emphasizes complexity ;ind confusion, Father Garrigou-Lagfange the "certitude of the great directive principles that illuminate all spirituality (cf. p. 311)." In the matter of the Gifts, their neces-sity, nature, number, and fufiction, .not St. Thomas' and Father Garrigou-Lagrange's unassailable doctrine, but Father Ellard's unre-solved doubts lead to "'disillusionment and discouragement" which all are so solicitous to avoid. Another complex question in need of "great directive principles" is that of contemplation. Concerning the exposition of contempla-tion in The Three Ages, Father Ellard seems to find two points of difficulty: the presence of acquired contemplation; the place of the infused. With regard to acquired contemplation, Father Ellard finds reason for criticism in the fact that Father Garrigou-.Lagrange gives it "hardly any place" in his s'ynthesis of the entire interior life,, while the Carmelite Father Gabriel of St. Mary Magdalen devoted "half his work, St. dohn of the Cross" to justifying its place in Carmelite theology. The same Carmelite, however, gives as his wise and orderly conclusion (pp. 199-200) that "the central thesis of the Thomistic spiritual synthesis is supported by the doctrine of actlx;e contemplation." Even if Father Ellard, in the Three Ages, would replace "hardly" with "half" to suit his preferences, the wise ordering of part to whole in both Carmelite and Dominican is obvious. Moreover, "St. Theresa never speaks of any other than infused contemplation.,"~ Father Gabriel states categorically (p. 111), while he and others can find only equivalents of the term in St. John of the Cross. Both the problem of terminology and the point of doc-trine concerning the "beginning of contemplation" (Dark Night, I, 9) and the "acquired prayer of recollection" receive ample and appropriate treatment in the chapter on "Contemplative Prayer" in The Three Ages. More would.make a part into a polemic. 86 March, 1950 WORKS OF GOD MADE MANIFEST If others disagree with Father Garrigou-Lagrange in this matter it should not be surprising. The harmony he has indicated between St. Thomas and St. John of the Cross is well-founded in the best Carmelite and Dominican authorities. If a dissident attitude arises from the outside and even seeps within, the foundations, of accord in the Theresian and Thomistic teachings are not tragically undermined. Without mentioning either the Common or the Mystical Doctor, Father Ellard has assembled a variety of authorities (p. 303) to indicate a confusion on the place of infused contemplation. The teachings of Msgr. Saudreau, Tanquerey, Crisogono, and Naval-- all but the last two differing from one another--are arrayed against that of The Three Ages. No mention is made, however, of which of all in the field more closely conforms to the doctrine of the Doctor of Contemplation, St. John of the Cross. Tanquerey, Crisogono, and Naval are not even close. Msgr. Saudreau confines contempla-tion to the unitive way. With "a great difference indeed" (p. 303) Father Garrigou-Lagrange conforms exactly to the doctrine of St. John by placing infused contemplation in both the unitive way and--to use St. John's own words--"the way of proficients, which is also called the illuminative way, or the way of infused contempla-tion" (Dark Night, I, 14). This explicit testimony of the "highest cause" in matters of contemplation and Father Garrigou-Lagrange's strict conformity to it, leaves but one judgment ~or wisdom-- "greatest certitude" for the doctrine on the place of infused con-templa. tion in The Three Ages. Moreover, when it is a question of the relationship between the Gifts and contemplation, Father Ellard's strictures are utterly con-fused. His use as an argument from omission of inappropriate texts from St. Francis de Sales and St. Alphonsus "who would have advocated for all a form of mental prayer that is full of inspirations from the Holy Spirit" is pitiably feeble. Fantastic, nothing less, is his assertion that "although in their process nothing has been said about infused contemplation," persons have been canonized, and hence "we can safely conclude" from no mention, let alone non-manifestation, to the non-existence of interior intellectual movements of the Holy Ghost in their souls. Father Garrigou-Lagrange clearly indicates (I, 81) saints and situations in which the activity of the intellectual Gifts are "diffuse." In them the practical Gifts of coun-sel, fortitude, or fear are more apparent, yet all the gifts will be "highly developed" and wisdom will [egulate all. Since the highest of mystical experiences is within the scope of a moral consideration, 87 DOMINIC HUGHES Ret~ieto for Religious judgments must be wisely formed" of them "as they most often hap-pen." Exceptions corroborate, not corrupt, certitude in morals, "for the man educated to expect them." Neither the fact that "various exceptions" are admitted to the doctrine of the predominance of infused contemplation, nor its "being so closely associated with a questionable theory of the gifts (p. 312)" is ground for asserting that the Theresian-Thomistic position in the Three Ages "suffers" a loss of certitude. Only those who are con-stantly looking for some "phenomenon in consciousness" which is "humanly noticeable" (p. 31'~) complain of dangers of disillusion-ment because the truth of mystical experience did not fit into their preconceived patterns. From the doctrines on the Gifts and contemplation flows the final point of difficulty: the normality of infused contemplation or the unity of the interior life. To Father Ellard's wonderment, The Three Ages "embodies no great new discovery nor corrects any old error" (p. 311). His observation is remarkably exact. The discovery is old, the error is new. Until the seventeenth century no one lost sight of the unity of the interior life and no arbitrary and artificial cleavage between ascetical and mystical theology was introduced. With the publica-tion of Scaramelli's Ascetical Directory an.d Mystical Director~l, how-ever the division and its tragic consequences were popularized. Since things ascetical were conceived as ordinary and the mystical, i.e., infused contemplation, as extraordinary, humility became the motive for the humdrum, and many souls apt for contemplation were forced to excruciating torments on the treadmill of discursive meditation. This new error bade fair to destroy an old discovery. To Father Garrigou-Lagtange is due sincere tribute as one of the vanguard leading souls to an appreciation of the traditional teaching on the unity of the interior life, its contemplative graces and gifts. Those only need fear disillusionment or discouragement in his leadership whose limited ideals or faint heart stultify their wisdom. WISDOM AT WORK: METHOD Wisdom governs not only the principles of the interior life but their presentation. In The Three Ages, Father EIlatd finds its doc-trinal stress and seeming omissions particularly distressing. Father Garrigou-Lagrange's stress upon the Gifts of the Holy Ghost is indeed a strain for Father Ellard. For him, "The whole vast construction presented in these two large volumes stands or fails with the special doctrine on the Gifts of the Holy Spirit which 88 March, 1950 WORKS OF GOD MADE MANIFEST forms as it were the supporting framework for it" (p. 305). Yet Father Ellard himself declared (p. 297) that "degrees of virtues, the functions of the Gifts of the Holy Ghost, various purifications, arid the grades of prayer are assigned to each of the three ages." Perhaps the mere presence of the Gifts gives them too much prominence for Father Ellard. On~ of his authorities (p. 313), and a confrere, Father Poulain, apparently not a theologian, however proficient a psychologist, in his extensive work, The Graces of Interior Prayer, somehow manages to avoid any treatment of the Gifts. To anyone acquainted with their importance in traditional spiritual writers, the exposition of The Three Ages will seem the mere summary it was intended to be (I, 66). On the other hand, the omissi~)ns Father Ellard finds so lamen-table are more nominal than real. If the part;.cular examination deals with the predominant fault, a chapter on that subject should satisfy Father Ellard's justification of it as "one of the major tech-nique. s in modern Catholic asceticism." When "for the general examination no precise method is suggested," it need not be a strange omission.Once the "Sins to be Avoided" are mentioned, as Father Garrigou-Lagrange does in a chapter by that name (I, 299), the remainder is left to the individual conscience', even in the Spiritual Exercises, since of its five acts in this matter two are a preface, two an epilogue of prayers. Again in the case of mental prayer, concrete details appeal to Father Ellard as the source of certitude. As a mat-ter of fact, the opposite is true. The more particularized is the treat-ment, the more it is subject to doubt. The devious details of these devices for praying, whose security for some is largely in their famili-arity, are better consciously omitted by anyone who writes with the "certitude of the great directive principles of all spirituality" (cf. p. 311). The method of The Three Ages, moreover, cannot rather "stress theory than practice" (p. 302) if its principal excellence is "its inspiratio:lal value," and if "a reader feels his heart warmed and his enthusiasm enkindled" (p. 301). It can scarcely be labeled as more given to "metaphysics than psychology" (p. 302) when the author keeps reminding his readers of the grand dogmas of Christianity, their "infinite elevation," their implications for our "affective and practical lives" (p. 301). WORDS AT WORK FOR THE WISE For the wise, who are so either by industry in theology or by 89 DOMINIC HUGHES infusion .with God's love, a word of conclusion is sufficient. A wise word may not have rhetorical flair, but it cannot be faltering or fal-lacious. As an expression of the judgment of the "highest causes" with the "greatest certitude" and other things in an orderly manner, it is not an assembly of facts, but an appraisal of values. The relative values of both content and method between what Father Garrigou-Lagrange and Father Ellard offer for its appraisal leave wisdom no doubt whatever. In points of doctrine Father Ellard seems to be without the solid foundation of a man whos~ theological industry has made him wise. Despite his erudition-- sometimes amid the most trivial sources-~-his analysis lacks pro-fundity. Its practicality, too, since it fails in its calculated effect, is open to question. In the face" of an artificially imposed order, Father Ellard's thoughts ramble and lose themselves in details. When his conclusions are declarative, they waver over a "whatever" (p. 314) or a "whether or not" (p. 316), and when they are an interrogative they are most uncertain. His precision in labelling the doctrines of others he suddenly loses when he lets "Catholic" and "Church" slip into sentences containing ideas he favors (p. 302). All of this gives his article the appearance of a somewhat gauche polemic rather than of a sincere and solicitous appraisal. On the other hand, the mag-nificent proportions of The Three Ages are not often met with in contemporary spiritual writing. Because it presents so well the "great dogmas of Christianity" as well as "their implications for our affective and practical lives," each reader feels his "heart warmed and his enthusiasm enkindled for these great truths" (p. 301). Wisdom's final word concerning the providential purpose of this and other discordant notes in the harmony of the teachings in the Church on the interior life is after the Model of Wisdom Him-self. When the Apostles saw the man born blind, they balanced-- unknowingl~, perhaps--one rabbinical opinion against another: "this man or his parents?" They were forced to suspend judgment, because seeing only alternatives and not an order to a Highest Cause, they remained uncertain. When they appealed to Christ, He gave them an answer many rabbis would not have considered scientific or satisfying "in terms of human experience."" Yet it was sublime and secure. Wisdom Himself replied to the Apostles, and reassures all in the present instance: supernatural security and salvation are accom-plished through suffering and the triumph of wisdom--"because the works of God were to be made manifest . " (John 9:3). 90 March, 1950 FATHER ELLARD'S REPLY FATHER ELLARD'S REPLY In his inspiring introductory remarks on wisdom Father Hughes proposes a restricted, relative, and special sense of "certain." " If'we accept that, th~n really there hardly seems to be any necessity of my saying more. He' has virtually conceded the great cardinal point of my whole criticism, namely, that Father Garrigou-Lagrange's doc-trine on the gifts and the corresponding thesis on infused ~ontempla-tion insofar.as this depends on that doctrine, are not, in the plain and ordinary sense of the term, certain. Certaint~ , in this sense, espe-cially when predicated of a doctrine that is theological and specu-lative, is opposed not only to probability, bfit even to greater prob-ablity. Similarly, if the langu.age of The Three Ages is to be under-stood as expressing doctrine t~at is certain only in a limited and relative sense, I. was deceived, and my labor was in vain. Perhaps also some other readers will be misled too. It seems sufficient, therefore, to notice 'very briefly only what in Father Hughes's reply is most relevant to my four principal criti-cisms, and not to say more about certain matters in which he' has mistaken my meaning. Nor shall I advert further to several expres-. sions suggestive of what I would disclaim. Those four contentions were: "'The Three Ages is theoretical rather 'than practical; it is one-sided and narrow; an essential part of it, namely, its doctrine of the gifts of the Holy Spirit, is uncertain; and its main thesis is not after all really so significant" (p. 302). I shall follow the order in which Father Hughes deals with them. First, the gifts. As a simple and practical way of ending this ¯ particular argument, I will give to Father Hughes, if he wishes, a list of all the leading theologians of the twentieth century with their works and the appropriate references to what they teach on the giftsl Then he can see at once in black and white whether Catholic theo-logians agree in proposing as certain, in the usual sense, any such elaborate theory of them as that in The Three Ages. These theo-logians will embody, in varying degrees and ways of course, the present mind of the Church; they will be quite conversant with the altogether unique authority of St. Thomas, and they will be aware also of whatever else is pertinent. In [hem, considered adequately and properly, not merely arithmetically, will be found accumulated Catholic theological wisdom in its most mature and authoritative form. When the theologians, who are the most competent to judge in a question of this kind, are as greatly divided and as uncertain as 91 FATHER ELLARD'8 REPLY Review for Religious they actually are, on what evidence could particular persons come to certain knowledge in the matter? Possibly they can; but indeed it seems most unlikely. When the authorities disagree or "are not posi-tive, it would seem wise for individual persons to suspend judgment. If, as Father Hughes seems to agree, the two Thomistic doctrines on the efficacy of grace and the nature of the gifts stand or fall together, then most emphatically are theologians divided. As for the Doctors' of the. Church, the Augustinians claimed St. Augustine for their view on grace; and both Dominicans and Jesuits appealed to St. Augustine and St. Thomas. "Among the more modern Doctors, St. Alphonsus de' Liguori is cited for a modified version of the Augustinian theory; and St. Robert Bellarmine for the Jesuits. According to Von Pastor, St. Francis de Sales declared, in a memo-randum written for Pope Paul V, "that on the whole he shared the view of the Jesuits; and he added that he had made an exhaustive study of the subject, and that he saw considerable difficulties in either opinion, He did not think the time had come for deciding a question on which so many able scholars were unable to agree." (History oF the Popes, XXV, 240.) These facts concerning the controversy on grace are given, not with any intention of arguing such a matter in these pages, but simply to show that, if Father Garrigou-Lagrange's teaching on the gifts is logically involved in this highly disputed sub-ject, surely it cannot be called certain. Father Hughes writes: "Many Dominican theologians are cited as recognizing a controversy upon the matter [of the gifts], but the conclusions of each do not seem worthyof mention by Father Ellard" (p. 82). In the writings referred to I have not noticed any con-clusions contradictory either to the statements quoted from them or to the proposition in substantiation of which the citations were made. If Father Hughes should point out any such conclusion, I shall be glad to acknowledge it. Of course the same five theologians can be quoted in favor of the Thomistic theory of the gifts, and two of them for the certainty of it, for example, Gardeil in th~ Dictionnaire de Theolo~Tie, IV-2, 1776, 1777, and Garrigou-Lagrange himself, in PerFection Chretienne et Contemplation, II, [88-91]; neverthe-less, they witness the fact of disagreement among theologians and admit that others do not share their own view. Secondly, I said of The Three Aoes that it is one-sided and nar-row. Father Hughes replies that it is in accord, if not with lesser lights, at least with St. John of the Cross, the great and ultimate 92 March, 1950 FATHER ELLARD'S REPLY (relative) norm in this matter. But the same agreement is claimed by other authors also, among them tw6 Carmelite spokesmen. In other words, there is more than one interpretation of St. John among orthodox Catholics. ."But Father Garrigou-Lagrange has the right one." Perhaps he has; but we might be better, convinced if he would give us a chance to judge for ourselves. Could he not at least give us fair notice of dissenting opinions?. A fresh sample of div.ergenc~ is furnished by Father Gabriel of St. Mar.y Magdalen in his new book, St. Teresa o~: desus. Although he writes, "'For all that, it can be shown in fact that this teaching of the Teresian school is not irreconcilable with the modern Thomist synthesis of the spiritual life" (p. 44), yet repeatedly throughout - the book he contradicts Father Garrigou-Lagrange on the necessity of infused contemplation. The first point in my criticism reads: "'Tile Three Ages is theo-retical rather than practical." Of all, this was the least important, especially as instruction and inspiration are also in their own way most practical. Father Hughes objects: "The method of The Three Ages cannot rather 'stress theory than practice' if its principal excel-lence is 'its inspirational value,' and if 'a reader feels his heart warmed and his enthusiasm enkindled.' " Why not? In this respect the work resembles treatises on dogmatic theology which are preoccu-pied with doctrine rather than practice and which can at least be bigh.~y inspiring. Again my critic writes: The book "can scarcely be labeled as more given to 'metaphysics than psychology' when the author keeps reminding his readers of the grand" dogmas of Christianity, their 'infinite elevation,' their implications for our 'affective and practical lives.' " The answer is. simple. When a book contains dogmatic, metaphysical, and psychological elements, why cannot it accentuate them in just that order? As a matter of fact, The Three Ages does. I cannot imagine how Father Hughes can say: "In the case of mental prayer, concrete details appeal to Father Ellard as the source of certitude." My final contention was that the main thesis of The Three A~Tes, namely, that infused contemplation comes within the normal devel-opment of the interior life, is not after all very significant. It would be pregnant with meaning and significance if according to the mind of its author it were intended to im'ply that mystical contemplation in the full and obvious sense as described by St. Teresa in The 93 FATHER ELLARD'S REPLY Review/or Religious Interior Castle is normally to be expected. St. Teresa's terminology is used and one anticipates sbmething very wonderful. But then one finds out that only "what is essential" is promised us, and that seems much less indeed. Such language is surely apt to deceive the less wary. On this point, the climax of everything, Father Hughes has sur-prisingly little. I was careful not to deny the thesis of the nor-mality of mystical contemplation, or the unity of the interior life, or even to call them in question, except insofar as the thesis is pre-sented as a corollary from the theory of the gifts. Of course I am not suggesting that the tiniest bit of infused con-templation is not a most precious grace. It is, by all means. Rather, the question is whether the mysticism which Father Garrigou- Lagra~nge holds out in prospect for us is the same as the substantive sublime graces depicted in St. Teresa's Mansions and in St. 3ohn's Spiritual Canticle and The Living Flame. It seems highly fitting that I should add a word on two personal references that some readers will resent. I used a quotation in which Scotus was called '~the Subtle Doctor." There appears to be no reason for the depreciatory language which my critic uses. Scotus was one of the most influential of all Scholastic philosophers and theologians; for centuries innumerable times he has been referred to as "the Subtle Doctor" in more or less the same way that St. Thomas is termed "the Angelic Doctor." There was no suggestion at all that he is a Doctor of the Church; yet he is great enough to have been the theologian to whom above all others under the providence of God the Church owes the dogma of the Immaculate Conception. Likewise it seems inexplicable that Poulain, the author of The Graces of Interior Prayer, A Treatise on Mystical Theology, should be referred to with these words: "apparently not a theologian, how-ever proficient a psychologist" (p. 89). True, Poulain was not a dogmatic theologian, and his design in writing on mystical the-ology was different from that of Father Garrigou-Lagrange, but his work is in certain respects, especially for an account of the facts of mysticism and for practical help in direction, of first-class worth and thus far unsurpassed. To conclude: if I am right in taking Father Hughes to mean that the doctrine of the gifts is to be considered certain only in a relative and limited sense, and not with the obvious and proper force of that term, then on the'chief point we are in agreement. If not, I would 94 March, 19 5 0 COMMUNICATIONS say to readers who have followed this criticism 'and countercriticism, especially if they have actually read The Three Ages, andpr.eferably against the background of Saints Teresa and 3ohn of the Cross: "I speak to men of reflection; judge for yourselves of what I say" (I Cor. 10:lS).--G. AUGUSTINE ELLARD, S.J. ommun{caldons Reverend Fathers: A few years ago in an issue of Emmanuel the reviewer of one of the books of Father Garrigou-Lagrange expressed his doubt of the truth of the characteristic doctrines of that eminent theologian, at the same time stating his hope that a more thorough criticism would be made in a lengthier review. That same doubt and hope have been felt by many who read Christian Perfection and Contemplation and The Three Ages of the Interior Life. In those works the views of the author on some points of dogmatic and of mystical theology were stated in such a way that the reader if not versed in these matters would conclude that these particular views are not seriously disputed by competent Catholic theologians. But they are disputed, and to bring out this fact, as Father Ellard has done in his review of The Three Ages of the Interior Life in your November, 1949, issue, is to render a real service to the reader of these valuable spiritual books. The truth that some of Father (3arrigou-Lagrange's theories are disputed, and are not part of Cath-olic doctrine nor the unanimous opinions of theologians will not hurt anyone. Veritas vos liberabit. In emphasizing the disputed character of .these opinions of the gifted.writer, it is not intended in any way, I am sure, to imply that he has deliberately misled his readers. But Father Garrigou-Lagrange has led the majo.r portion of his life in the midst of skilled theo-logians. He naturally and unconsciously keeps them in mind as he writes. Yet what he writes is being read by many who are n~;t versed in even the fundamentals of theology and who consequently may easily be misle.d by his statement, of his positions. For the general public a clearer statement of what is general Catholic doctrine and what. is not, is certainly desirable. May I add a personal note? After some experience in directing 95 SUMMER SESSIONS ReVietO [or Religi,,os souls who have undoubtedly received the gift of infused contempla-tion, I find it difficult.to believe that Father Garrigou-Lagrange has any real concept, of infused contemplation at all. Everything he writes leads me to believe that he is really thinking and speaking of that prayer which is variously called "acquired contemplation," "the prayer of ~implicity," etc. There is an essential distinction between this simplification of discursive prayer and infused contemplation; and that distinction, I believe, cannot be understood merely from ¯ reading the works of mystical writers or theologians. I thoroughly agree with the Benedictine' who said 'that "the conception that St. John of the Cross had of mysticism and contemplation entirely escaped" the gifted author of Tile Three Ages. No harm can come from giving testimony to the inexactitude of Father Garrigou-Lagrange's distinction between Catholic doctrine and the theories of certain theologians; nor to the incorrectness of his understanding of the fundamental nature of infused contempla-tion.-- A SECULAR PRIEST. [EDITORS' NOTE: Further communications concerning Father Ellard's appraisal.of The Three Ages will be acgepted. These communications should be kept as brief as the subject-matter permits. If at all possible, they should be neatly typed, double-spaced, with generous margin. The sender should sign his name; and the name will be printed unless the content is of a personal nature.] SUMMER SESSION The Plus X School of Liturgical Music, founded by the late Mother Georgia Stevens, will conduct its Thirty-Fourth Summer Session: June 29-Augtist 10. Registration is open to men and women, whether as students matriculated for the B.A. or B.Mus., degrees, or as non-matriculated students; resident and non-resident. Courses will be offered in Gregorian Chant, Gregorian Accompaniment, Con-ducting, Polyphony, Liturgical Singing, Vocal Production, History of Music, Keyboard Harmony,. Music Education, Counterpoint, .etc. Members of the Staff have been long trained in the traditions of Solesmes and have national and international pedagogical experience and recognition. Private lessons in organ, piano, and singing may be procured. Membership is held by the School in the National Association of Schools of Music and it enjoys the official approval of the most eminent music organizations. According to a long-established custom there will be lectures by prominent musicologists and the usual s, eries of weekly concerts. Students will be given the opportunity of~active particip.ation in the Liturgy by the congrega- 96 March, 1950 BOOK REVIEWS tional singing of Holy Mass, Vespers, Compline, and Benediction. The Very Reverend Monsignor Frederic Teller, D.D., Ph.D.,C.G.M. will teach some courses. The Ve.ry Reverend Monsignor Martin B. Hellriegel, of the Church of the Holy Cross, St. Louis, Mo., and the Reverend 3ohn 3. Dougherty, S.T.L.,S.S.D. of the Immaculate Con-ception Seminary, D~rlington, N. 3, will give daily lectures on the Liturgy throughout the Session. For further information write to: Mother Aileen Cohalan, Director, Manhattanville College of the Sacred Heart, New York 27, New York. Book Reviews THE MOTHER OF THE SAVIOR AND OUR INTERIOR LIFE. By Reginald Garrigou-Lagrange, O.P. Translated by Bernard J. Kelly, C.S.Sp. Pp. 338. B. Herder Book C;o., St. Lou~s, M~ssourL $4.00. The theological and d~votional literature about the Blessed Virgin is so extensive that .a new synthesis by a capable author is highly welcome: Father Garrigou-Eagrange published such a syn-thesis in 1941 (reprinted in 1948). The present translation from thd French makes his book available for the la.rge number of readers who have come to value his works in English versions. The book is divided into two parts. The first part, on "The Divine Maternity and the Plenitude of Grace," is doctrinal. It aims at imparting knowledge about Our Lady and her unique position, in subordination to her divine Son, at the very summit of creation and the supernatural order. The pre-eminence of the divine mater-nity, which dominates all Mariology as the source and end of all Mary's great gifts, is very clearly brought out. Here and there a line of reasoning is pursued that is not very convincing: but strictly theo-logical procedures are hardly to be expected in a work that is more devotional in spirit than scientific. The second part, on "Mary, Mother of all Men: Her Universal Mediation and our Interior Life," demonstrates Mary's activity in the plan of redemption and the important causality she exercises in our salvation and sanctification. In view of the character of the volume, the author has wisely refrained from entering into the contemporary debate among theo-logians on the precise meaning and function of Mary as co-redemp- 97 BOOK R~VlEWS Review [or Religious trix, contenting himself with general expressions that should prove acceptable to all parties in the controversy. The main source for the theological presentation is Merkelbach's well-known Mariologia. But the Fathers, the great Scholastics and their later successors, spiritual writers, orators, and Popes are called upon to yield up their treasures. Many gems have been contributed by Saints Ambrose, Sophronius, Andrew of Crete, Ephrem, and Peter Damien. Saints Bernard, Albert the Great, Bonaventure, Thomas Aquinas, Alphonsus, Grignon de Montfort, and Francis de Sales have all offered their riches. Suarez, Terrien, Dublanchy, le Bachelet, and Hugon have generously thrown open their books. And these great names represent but a sampling of the numerous sources consulted and utilized. The encyclicals of Popes Leo XIII, Pius X, Benedict XV, and Plus XI manifest the mind of the Church on recent Mariological doctrine. The Polish Dominican, Justin of Mi~chow, provides the inspiration for one of the finest chapters in the book, "Special Aspects of Mary's Queenship." The article on the Rosary sheds fresh light on that welt-loved devotion, and sug-gests a way of practicing it that will be profitable to all Catholics. The translator has done his part admirably. Comparison with the French edition shows how faithful Father Kelly has been to the orig!nal. If we did not know that the English edition is a transla-tion, we could hardly guess that fact from reading the book. And that is the supreme criterion of the translator's success. CYRIL VOLLERT, S.J. IGNATIAN METHODS OF PRAYER. By Alexandre Brou, S.J. Translated by William J. Young, S.J. Pp. xl ~ 203. The Bruce Publishing Com-pany, Milwaukee, Wisconsin, 1949. $3.00. The aim of this book is very clearly stated by the author when he tells us that he set out to discover "what exactly did St. Ignatius want to say, and what did he say" on the subject of prayer. The word "discover" is used purposely, for the many commentators on St. Ignatius have not always clarified his thought nor passed it on unadulterated to their readers. Father Brou observes: "Now it some-times happens that with'the best intentions in the World his thought has been misunderstood. Authors . . . have viewed the teachings of the Saint through a mist of commentary, and a commentator never fails to add something to his text" (p. vii). Father Brou gdes back to sdurces, the text of the Spiritual Exer-cises, and he interprets them in the light of Stl Ignatius' personal March, 1950 BOOK REVIEWS letters, supplementing his findings with. the writings of intimate con-temporaries of the Saint--St. Francis Xavier, Blessed Peter Faber, Father Nadal--to mention but three. The work is divided into four main divisions. In the first St. Ignatius' teaching on prayer and the interior life, the ,relation of prayer to the apostolate, seeking God in all things, the presence of God, and finally mystical prayer are treated. The second and third parts are devoted to the preparations for prayer and the so-called methods of prayer respectively, while the fourth part treats the coun-sels for the time during and after prayer, and tl~e rules for the dis-cernment of spirits. Two features of the teachin'g of.St. Ignatius as presented in this book are noteworthy. First is the continuity ot: practically every portion of the Ignatian teaching with a tradition of Catholic spirit-uality which he both inherited and developed into the forms found in the Exercises. The other is what we might call the compatibility of high prayer with the active life of the apostolate. Great mystic ¯ that he was, SI~. Ignatius was eminently a man of the active aposto-late, what we would call nowadays a man of affairs. He conceived the man of affairs as a man of prayer, and a life of prayer as not at all incompatible with a full daily schedule. "To St. Francis Borgia he asserts that it is more perfect to be able to find God everywhere and in all things than to have need of an oratory and long prayers to enter into union with Him" (p. 39). The book combines the excellent qualities of thoroughness and brevity. It can be r~ad and reread with profit.--T. L. McNAIR, S.J. LITTLE CATECHISM OF PRAYER. By Father Gabr;el of St. Mary Mag-dalen, O.C.D. Transla÷ed by ÷he Discalced Carmelite Nuns. Pp. 44. Monastery of Discalced Carmelites, Concord, New Hampshire, 1949. $.2S (paper). People in general who cultivate mental prayer and v.ery particu-larly all those who would like to practice it in the spirit and after the manner of the Carmelites, traditional leaders in matters of the contemplative life, will welcome this Little Catechism. In six chap-ters and eighty-nine questions it introduces one to "prayer in the contemplative life," "the methbd of mental prayer," "preparation and reading," "meditation and colloquy," "difficulties in prayer," and "the presence of God." There is nothing theoretical or learned or meticulously precise about it. Evidently it is meant, as its title suggests, to be a simple and practical primer. On the other hand 99 BOOK NOTICES Review for Religious there "are thoughts in it which would be helpful and inspiring, I should say, to almost anyone, even tb contemplatives far advanced in the ways of prayer and sanctity. For instance, from the very first page one might learn this distinction between the Christian life and the contemplative life: the good Christian "lives /:or God," whereas the contemplative soul "lives not only for God, but also with God." Likewise it is emphasized at the very beginning in a quotation from St. Teresa that to reach the higher degrees of prayer one must per-force add the practice of mortification, "because prayer and comfort do not go together."--G. AUGUSTINE ELLARD, S.,J. BOOK NOTICES BLESSED MARIA GORETTI: Martyr for Purity, by 3ohn Cart, C.SS.R., is an admirable life of the twentieth-century martyr whom the Holy Father intends to canonize in the course of the present holy year. Blessed Maria sets an ideal before modern youth who live in an atmosphere so perilous to purity. (Dublin: Clonmore ~ Reynolds, Ltd., 1949. Pp. 70. 3/6.) Father Louis I. Fanfani, O.P., an outstanding modern canonist, has published a third edition of DE IURE RELIGIOSORUM. While keeping all the good qualities of previous editions, the book has been brought up to date and considerably increased in volume. A separate chapter is devoted to the newly established Secular Institutes. Four important documents are added by way of appendices: I. The new Norrnae of 1921; II. Letter of the Sacred Congregation of. Religious of 1931 on the formation and training of religi6us for sacred orders; III. Instruction on the enclosure of nuns with solemn vows issued in 1924; and, IV. The Statutes for Extert~ Sisters of monasteries of nuns, approved by Pope Pius XI in 1929 an'd published by the Sacred Congregation of Religious two years later. These documents are given in the original Latin text. (Rovigo, Italy: .Istituto Padano di Arti Grafiche, 1949. Pp. xxxi + 810. L. 2000.) OUR ETERNAL VOCATION, written anonymously by a Carmelite nun in England, is intended for all, priests, religious, or laity, who are interested in attaining higher sanctity. Of its three main sections, the first treats of sanctity in gener.al, its meaning, its instruments, its fruits (pp. 9-135). The second is concerned with religious voca-tion in particular (pp. 135-177). The last tells about the sanctity and mission of St. Therese of Lisieux (pp. 177-207). The doctrine seems to be solid throughout and Jr'is presented palatably by a crisp style tinged With feeling and garnished with 100 March, 195 0 BOOK ANNOUNCEMENTS striking illustrations. The book contains some shrewd psychology on the value of sincerity in attaining holiness, on methods of over-coming mental depression, on the natural requisites for a religious vocation. As might be expected, the author emphasizes the "Iittle way" of St. Therese, but she does not derogate from other methods of acquiring sanctity. (Westminster, Maryland: The Newman Press, 1949. Pp. 207, $2.25.) BOOK ANNOUNCEMENTS [These notices are purely descriptive, based on a cursory examination of the books listed. Some of the books will be reviewed or will be given longer notices later. The list is complete up to Feb. 10.] CARMELITE THIRD'ORDER PRESS, 6427 Woodlawn Avenue, Chi-. cago 37. Take This Scapulart. By Carmelite Fathers and Tertiaries. Pp. 270. $2.50. Unfolds the story of Our Lady's Scapular. FRANCISCAN HERALD PRESS, 1434 W. 51st Street, Chicago. Tertiar~ Office of the Parers. Pp. 103. $.50 (30% discount for orders of 25 or more). A vest-pocket booklet of aids in reciting the office prepared especially for members of the Third Order of St. Francis. Also contains the Seraphic Office, the Office of the Pas-sion, and the Franciscan Tertiary Office with reflections. M. H. GILL ~ SON, Ltd., 50 Upper O'Connell Street, Dublin. Fair as the Moon. By Father M. Oliver, O.Cist.R. Pp. xi -b 235. 12s. 6d. A portrait of Mary, the Mother of God and "Purest of Creatures." Catherine McAule~I: The First Sister of Mercy. Pp. x ÷ 434. 15/-. "This book, the fruit of considerable research, is based largely on hitherto unpublished document's, and throws fresh light on Cath-erine McAuley's life and work." [5. HERDER BOOK COMPANY, St. Louis 2, Missouri. Ps~/cbiatq/and Asceticism. By Felix D. Duffey, C.S.C. Pp. 132. $2.00. True Stories for First Communicants. Pp. 80. $1.25. First Communion Davis. Pp. 96. $1.25. Both by a Sister of Notre Dame. True stories which should help children in preparing for their first Communion and after. The books were first printed in 1919 and 1920 respectively. The Life of Our Lord Jesus Christ. Two volumes. By Maurice 101 BOOK ANNOUNCEMENTS for Religiou* Meschler, S.J. Pp. xxii q-- 545 arid viii -b 551. $12.00 (set). Translated by Sister Mary Margaret, O.S.B. This is the fifth edi-tion of the author's well-known meditations on the life of Christ. LEMOYNE COLLEGE PRESS, LeMoyne Heights, Syracuse 3, New York. Inigo de Logola. By Pedro Leturia, S.J. Pp. xiii + 209. $4.50. The story of the early life of St. Ignatius up to and including his conversion. LIBRERIA FRANCESCO FERRARI, Via dei Cestari, 2, Kome, Italy. Manuale Tbeorico-Practicurn Tbeologiae Moralis ad Mentern D. Thomae. By Father Louis J. Fanfani, O.P. Pp. xix + 648. This is the first of a set of three volumes. It treats of man's last end, human acts, laws, conscience, the virtues, sins, and censures. It is planned to complete the set within the course of the year. LITURGICAL PRESS, St. John's Abbey, Collegeville, Minnesota. Life. and Miracles of St. Benedict. By Pope St. Gregory the Great. Translated by Odo J. Zimmermann, O.S.B., and Benedict R.Avery, O.S.B. Pp. xv q- 87. $2.00 (cloth); $.90 (paper). A translation of Book Two of the Dialogues of St. GregorY. MCLAUGHLIN ~ REILLY, 45 Franklin Street, Boston 10. When the People Sang. By Marie Pierik. Pp. 32. $.50 (paper). "A simple treatise on the Gregorian Chant, its history and use." NEWMAN PRESS, Westminster, Maryland. Treatise on Prager and Meditation. By St. Peter of Alcantara. Translated by Dominic Devas, O.F.M. Pp. xx ÷ 211. $2.50. Besides this classic treatise on prayer, the book contains an introdtic-tion and sketch of the saint's life and a complete English version of Pax Anirnae, a treatise formerly attributed to the saint. The Spiritual Life of the Priest. By M. Eugene Boylan, O.C.R. Pp. 161. $2.50. A reprint of a series of articles which first appeared in the pages of The Priest. The Holg Year of Jubilee. By Herbert Thurston, S.J. Pp. xxiv -[- 420. $4.25. An account of the history and ceremonial of the Roman jubilee. Contains many illustrations. First printed in 1900. The Wag of Divine Love. Pp. xxxvii q- 532. $4.25. A com-plete account of the revelations of the Sacred Heart as made to Sister Josefa Menendez, Coadjutrix Sister of the Society of the Sacred Heart of Jesus. There is also a short biography of the Sister and an analytical index. 102 March, 1950 BOOK ANNOUNCEMENTS Purgatorg and the Means to AvoidIt. By Martin Jugie, A.A. Pp. 203. $3.25. A doctrinal and devotional treatment of a subject that is of interest to all. The book is translated from the seventh French edition by Malachy Gerard Carroll. The Life and Revelations of Saint Gertrude: Virgin and Abbess, of the Order of St. Benedict. Pp. xlv + 570. $4.00. A reprinting of an old favorite which first appeared some eighty years ago. Prager for All Times. By Pierre Charles, S.J. Translated by Maud Monahan. Foreword by C. C. Martindale, S.J. Pp. 328. $3,50. A book on prayer designed "to mak~ smooth the ways of the spirit and to unfold the eternal message of the nearness of God." Little Catechism of the Act of Oblation of St. Th~r~se of the Child Jesus. By the Carmelites of Lisieux. Translated by Rev. Mi-chael Collins, A.M. Pp. 22. $.25. PROVINCE OF ST. JOSEPH OF THE CAPUCHIN ORDER, 1740 Mt. EI-liott Avenue, Detroit, Michigan. Meditations: Volume I: Advent to Ash Wednesday. By Bernar-dine Goebel, O.F.M.Cap. Translated from the German by Berch- "mans Bittle, O.F.M.Cap. Pp. 537. $3.50 (paper). ST. CATHARINE JUNIOR COLLEGE LIBRARY, St. Catharine, Ken-tucky. The Catholic Booklist 1950. Edited by Sister SteIla Marls, O.P., for the Catholic Library Association. Pp. 74. $.65 (paper). "An annotated bibliography, for the most part Catholic in authorship or subject matter, chosen as a guide to the recreational and instructional reading of Catholics." UNIVERSITY OF NOTRE DAME PRESS, Notre Dame, Indiana. The Christfan Vfrtues. By Charles E. Sheedy, C.S.C. Pp. xi q- 361. $3.00. A book on moral theology for college students and lay readers. God and the World of Man. By Theodore M. Hesburgh, C.S.C. Pp. viii -}- 318. $3.00. A theological text for the layman. Treat-ises on faith, God, the Trinity, creation, the elevation and fall of .man, the end of the world and man. JOSEPH F. WAGNER, INC., 53 Park Place, New York 7. --Must It be Communism? By Augustine J. Osgniach, O.S.B. Pp. x -]- 486. A philosophical inquiry into the major issues of today. The last three chapters are by Jerome L. Toner, O.S.B. 103 .uestdons and Answers We have an application from a woman who has obtained a permanent separation from her husband and now wishes to try out the religious llfe. Creusen, ReBgious Men and H/omen ~n the Code, p. 135, states: "A wife abandoned by her husband., does not need his consent to enter, rell-gion. One may see in R.C.R., 1939, under what conditions her entry into religion may be obtained." Please tell us what R.C.R. stands for, and, if convenient, give us a summary of the conditions referred to. R.C.R. refers to a review for religious published in Belgium by Father Creusen and his associates under the title Reoue des Commun-autos Religieuses (53 rue Royale, Brussels, Belgium). Here is a sum-mary of what Father Creusen wrote in the answer referred to. (1) The aspirant must not have been in any way the gravely culpable cause of the separation. (2) There must be moral certitude that she cannot be forced legally to abandon the religious life in order to resume married life. A civil divorce is the best guarantee. (For this the bishop's permission should be obtained.) (3) If the appli-cant has children, their care and support will have to be guar~inteed. (4) The superior of an institute or monastery who is willing to accept her on trial must be convinced that she has an extraordinary vocation and that there are particular reasons to anticipate her perse-verance. If all these conditions are fulfilled, the person in question may appeal to the Holy See for the necessary dispensation. She should do so personally. To this personal appeal a letter of recommenda-tion from her bishop should be added. This recommendation should be given at least regarding the good character of the person, even though the bishop does not wish to support her application for the dispensation. Finally, a letter from the religious superior who is willing to accept the candidate, stating that she believes the applicant to have an extraordinary vocation and that the community is willing to receive her on trial, will complete the official documents required. A baptismal certificate of the applicant and a copy of the decree of civil divorce ~hould be sent along with the other documents. Father Creusen concludes his answer with the following para-graph: "It must be added that the Holy See shows itself very prudent and very reserved in granting this dispensation. The utmost good will in the beginning is far, it seems, from guaranteeing perseverance 104 QuEs-r~o~s ~no ANswrRs in vocations of this kind. It is useless to encourage the application without exceptional reasons." Canon law cjrants to superiors the rlgttf #o extend: (I) the posfulancy, but not beyond six months (canon 539, § 2); (2) the time of the novif~ofe, but not beyond six months {canon 571, § 2); (3~ the period of temporary vows, but
