Die Comparative Study of Electoral Systems (CSES) ist eine weltweite Kooperation von Wahlforschern. Teilnehmende Länder implementieren einen einheitlichen Fragenkomplex in ihre Nachwahlstudien. Die erhoben Daten umfassen das individuelle Wahlverhalten, politische Einstellungen und sozio-demographische Merkmale sowie Angaben zu den Wahlbezirken, den nationalen Wahlergebnissen und dem nationalen politischen System. Die einzelnen Länderstudien werden in einen gemeinsamen Datensatz integriert und stehen der Wissenschaft für vergleichende und länderübergreifende Untersuchungen frei zur Verfügung.
Das CSES-Projekt konzentriert sich auf das Verhalten und die Einstellungen von Befragten während einer nationalen Wahl, wobei der Schwerpunkt auf Abstimmung und Wahlbeteiligung liegt. Jedes CSES-Modul besteht aus einer national-repräsentativen Umfrage nach den Wahlen und zusätzlichen Variablen über den Kontext des Landes und des Wahlsystems, in dem sich die Befragten befinden. Alle fünf Jahre wird ein neues CSES-Modul mit einem anderen inhaltlichen Thema entwickelt, das für die Behandlung wesentlicher Fragen der Wahl- und Sozialwissenschaften ausgewählt wurde.
CSES Modul 5 konzentriert sich auf die Untersuchung der so genannten ´populistischen Einstellungen´ in der Bevölkerung und wie sie das Wahlverhalten beeinflussen. Es konzentriert sich auf die Messung von drei Kernthemen: Einstellungen gegenüber politischen Eliten, Einstellungen gegenüber repräsentativer Demokratie und Mehrheitsregierung sowie Einstellungen gegenüber Außengruppen.
Weitere Informationen zum Thema des Moduls 5 finden Sie in der theoretischen Erklärung zum CSES-Modul 5, die auf der CSES-Website verfügbar ist.
Themen:
DATEN AUF MIKROEBENE:
Identifizierungs- und Studienadministrationsvariablen: Gewichtungsfaktoren; Art der Wahl; Datum der Wahl der ersten und zweiten Runde; Zeitpunkt der Studie (Nachwahlstudie, Vor- und Nachwahlstudie, zwischen den Runden der Mehrheitswahl); Studienkontext (CSES als Teil einer größeren Studie oder als eigenständige Studie durchgeführt); Art des Interviews; Selbstauswahl Interviewmodus; Dauer des Interviews; Interviewer-ID; Geschlecht des Interviewers; Anzahl der Tage nach der Wahl für den Beginn der Datenerhebung; Dauer der Feldarbeit; Datum des Fragebogens; Anzahl der Tage, an denen das Interview nach der ersten und zweiten Wahlrunde durchgeführt wurde; Sprache der Fragebogenadministration; Fragebogenversion.
Demographie: Geburtsjahr und -monat; Geschlecht; Bildung; Familienstand; Gewerkschaftszugehörigkeit; aktueller Erwerbsstatus; Hauptberuf; sozioökonomischer Status; Beschäftigungsart - öffentlich oder privat; Haushaltseinkommen; Anzahl der Personen im Haushalt; Kirchgangshäufigkeit; Konfession; Sprache, die üblicherweise zu Hause gesprochen wird; Wohnregion; Rasse; ethnische Zugehörigkeit; ländlicher oder städtischer Wohnsitz; Hauptwahlkreis; Geburtsland; Migrationshintergrund.
Umfragevariablen: politisches Interesse; Interesse an der Politik in den Medien; innere Wirksamkeit; Einstellung zu politischen Eliten; Einstellung zu Außengruppen (Minderheiten sollten sich den Bräuchen und Traditionen des Landes anpassen, der Wille der Mehrheit sollte immer vorherrschen, Einwanderer sind im Allgemeinen gut für die Wirtschaft des Landes, die Kultur des Landes wird generell von Einwanderern geschädigt, Einwanderer erhöhen die Kriminalitätsrate); Kriterien für nationale Identität (z.B. im Land geboren, Abstammung, Landessprachen sprechen können, Bräuche und Traditionen des Landes befolgen); Verbreitung von Korruption; Regierungsmaßnahmen: Forderung nach Regierungsmaßnahmen zum Abbau von Einkommensunterschieden; Einstellung gegenüber Umverteilung; Bewertung der Leistung der Regierung im Allgemeinen; Parteien, die die Ansichten des Befragten vertreten; Partei, die die Ansichten des Befragten am besten vertritt; Zustand der Wirtschaft; Befragte hat bei der aktuellen und der vorherigen Wahl eine Stimme abgegeben; Wahl (Präsidentschafts-, Unterhaus- und Oberhauswahlen) bei der aktuellen und der vorherigen Wahl; Befragte hat bei der aktuellen Wahl eine Vorzugsentscheidung abgegeben; Stimmenwahl für die scheidende Regierung bei der aktuellen Hauptwahl; Unterschied, wer an der Macht ist und für wen die Menschen stimmen; Sympathie-Skala für ausgewählte Parteien und politische Führer; Bewertung von Parteien auf einer Links-Rechts-Skala und einer optionalen alternativen Skala; Selbsteinschätzung auf der Links-Rechts-Skala und einer optionalen alternativen Skala; Demokratiezufriedenheit; Nähe zu einer politischen Partei; Parteiidentifikation; Partei, der sich der Befragte am nächsten fühlt; Intensität der Parteiidentifikation.
DATEN AUF BEZIRKSEBENE:
Anzahl der im Wahlkreis/ bundesweiten Wahlkreis umkämpften Sitze; Anzahl der Kandidaten (Bezirk/ bundesweiter Wahlkreis); Anzahl der Parteienlisten (Bezirk/ bundesweiter Wahlkreis); Prozentsatz der Stimmen verschiedener Parteien (Wahlkreis/ bundesweiter Wahlkreis); offizielle Wahlbeteiligung im Wahlkreis/ bundesweiter Wahlkreis.
DATEN AUF MAKROEBENE:
Wähleranteil oder Bevölkerung im Wahlkreis / bundesweiten Wahlkreis; Wahlergebnisse der Parteien bei der aktuellen Parlamentswahl (Unterhaus/Oberhaus); Prozentsatz der Sitze im Unterhaus bei den Parteien bei der aktuellen Unterhauswahl/Oberhauswahl; Prozentsatz der Sitze im Oberhaus bei den Parteien bei der aktuellen Unterhauswahl/Oberhauswahl; Prozentsatz der Stimmen bei den Präsidentschaftskandidaten der Parteien bei den laufenden Wahlen; Wahlbeteiligung (in Prozent der registrierten Wähler/des Wahlalters der Bevölkerung); Wahlmanagement: Wahlverwaltungsmodell (unabhängiges Organ, Regierung, gemischt); obligatorische Wählerregistrierung; Art der Stimmabgabe; Partei des Präsidenten und des Premierministers vor und nach der Wahl; Anzahl der von jeder Partei im Kabinett gehaltenen Portfolios, vor und nach der letzten Wahl; Größe des Kabinetts nach der letzten Wahl; ideologische Parteifamilien; von Experten zugewiesene Links-rechts-Position der Parteien und alternative Dimensionen; Populismus nach Parteien; Populismus-Skala der Parteien; die wichtigsten Faktoren bei der Wahl; Fairness der Wahl; formelle Beschwerden über Ergebnisse auf nationaler Ebene; gemeldete Wahlunregelmäßigkeiten; geplantes und durchgeführtes Wahldatum; Unregelmäßigkeiten des Wahltermins; Ausmaß der Gewalt bei der Wahl und nach den Wahlen; geografische Konzentration der Gewalt; Protest nach den Wahlen; während des Wahlkampfes zulässige Wahlbündnisse; Wahlbündnisse in der Praxis; Bildung von Wahlbündnissen; Anforderungen an gemeinsame Parteienlisten; Möglichkeit der Anerkennung und Art der Anerkennungsvereinbarung; mehrheitliche Befürwortung der Abstimmung; abgegebene Stimmen; Abstimmungsverfahren; Abstimmungsrunden; Parteienlisten geschlossen, offen oder flexibel; übertragbare Stimmen; kumulierte Stimmen, wenn mehr als eine Stimme abgegeben werden kann; Pflichtabstimmung; Parteienschwelle; Einheit für die Schwelle; Freedom House Rating; Alter des derzeitigen Systems; Regime: Art der Exekutive; Anzahl der Monate seit der letzten Unterhauswahl und den letzten Präsidentschaftswahlen; Wahlformel für Präsidentschaftswahlen; Wahlformel in allen Wahlstufen (mehrheitlich, proportional oder gemischt); für Unter- und Oberhäuser wurde kodiert: Anzahl der Wahlsegmente; vernetzte Wahlsegmente; abhängige Formeln in gemischten Systemen; Subtypen der gemischten Wahlsysteme; Bezirksgröße (Anzahl der aus jedem Bezirk gewählten Mitglieder); Anzahl der sekundären und tertiären Wahlkreise; Anzahl der Sitze über dem ersten Segment (Unterhaus); fusionierte Abstimmung; Größe des Unterhauses; verfassungsmäßige föderale Struktur; Anzahl der Parlamentskammern; Anteil der Frauen im Parlament; Parteienfinanzierung: direkte oder indirekte öffentliche Finanzierung; Anzahl der an den Wahlen teilnehmenden Parteien; effektive Anzahl der Wahlparteien und Parlamentsfraktionen; direkte Demokratie (Referendum obligatorisch, optional, durch Bürgerinitiative, Referendumsergebnis verbindlich oder konsultiv); Freiheitsgrad des Freedom House im Land zu drei Zeitpunkten (Wahljahr, ein Jahr vor der Wahl und zwei Jahre vor der Wahl); Bewertung der Demokratie-Autokratie-Politik IV; Gini-Koeffizient des verfügbaren Einkommens im Jahr der Wahl; BIP-Wachstum (in Prozent pro Jahr - Weltbank); BIP pro Kopf; Inflation, BIP-Deflator (in Prozent pro Jahr); Verschuldung der Zentralregierung, insgesamt (in Prozent BIP); Human development index; Gesamtbevölkerung; Arbeitslosenquote (in Prozent der gesamten Erwerbsbevölkerung); Arbeitslosenquote für Personen im Alter von 15-24 Jahren (in Prozent der gesamten Erwerbsbevölkerung); Land unterliegt bei Wahlen der Konditionalität des Internationalen Währungsfonds; Transparency International Index für die Wahrnehmung der Korruption; Index für die Kontrolle der Korruption; Beurteilung des öffentlichen Sektors durch Experten: Unternehmen, die den Beamten die vorteilhaftesten Bestechungsgelder bieten; Angestellte des öffentlichen Dienstes und wie sie die Gesellschaft behandeln; Häufigkeit, mit der Angestellte des öffentlichen Dienstes Fälle unparteiisch behandeln und nach Einhaltung der Regeln streben; Nettomigrationsrate (2000-2005, 2005-2010, 2010-2015, 2015-2020); Bevölkerung nach Staatsangehörigkeit: Prozentsatz der Bevölkerung, die Bürger, Ausländer oder unbekannter Staatsangehörigkeitsstatus sind; sprachlicher Fraktionierungsindex; religiöser Fraktionierungsindex, ethnischer Fraktionierungsindex; Fragmentierungsindex des Gemeinwesens; Prozentsatz der Personen, die das Internet nutzen; Mobilfunkabonnements pro 100 Einwohner; feste Telefonleitungen pro 100 Einwohner; Parteiidentifikationscodes aus dem Manifesto Research on Political Representation Project (MARPOR/CMP); Parteiidentifikationscodes aus dem Parliament and Government Database (ParlGov) project.
Die Comparative Study of Electoral Systems (CSES) ist eine weltweite Kooperation von Wahlforschern. Teilnehmende Länder implementieren einen einheitlichen Fragenkomplex in ihre Nachwahlstudien. Die erhoben Daten umfassen das individuelle Wahlverhalten, politische Einstellungen und sozio-demographische Merkmale sowie Angaben zu den Wahlbezirken, den nationalen Wahlergebnissen und dem nationalen politischen System. Die einzelnen Länderstudien werden in einen gemeinsamen Datensatz integriert und stehen der Wissenschaft für vergleichende und länderübergreifende Untersuchungen frei zur Verfügung.
Das CSES-Projekt konzentriert sich auf das Verhalten und die Einstellungen von Befragten während einer nationalen Wahl, wobei der Schwerpunkt auf Abstimmung und Wahlbeteiligung liegt. Jedes CSES-Modul besteht aus einer national-repräsentativen Umfrage nach den Wahlen und zusätzlichen Variablen über den Kontext des Landes und des Wahlsystems, in dem sich die Befragten befinden. Alle fünf Jahre wird ein neues CSES-Modul mit einem anderen inhaltlichen Thema entwickelt, das für die Behandlung wesentlicher Fragen der Wahl- und Sozialwissenschaften ausgewählt wurde.
CSES Modul 5 konzentriert sich auf die Untersuchung der so genannten ´populistischen Einstellungen´ in der Bevölkerung und wie sie das Wahlverhalten beeinflussen. Es konzentriert sich auf die Messung von drei Kernthemen: Einstellungen gegenüber politischen Eliten, Einstellungen gegenüber repräsentativer Demokratie und Mehrheitsregierung sowie Einstellungen gegenüber Außengruppen.
Weitere Informationen zum Thema des Moduls 5 finden Sie in der theoretischen Erklärung zum CSES-Modul 5, die auf der CSES-Website verfügbar ist.
Themen:
DATEN AUF MIKROEBENE:
Identifizierungs- und Studienadministrationsvariablen: Gewichtungsfaktoren; Art der Wahl; Datum der Wahl der ersten und zweiten Runde; Zeitpunkt der Studie (Nachwahlstudie, Vor- und Nachwahlstudie, zwischen den Runden der Mehrheitswahl); Studienkontext (CSES als Teil einer größeren Studie oder als eigenständige Studie durchgeführt); Art des Interviews; Selbstauswahl Interviewmodus; Dauer des Interviews; Interviewer-ID; Geschlecht des Interviewers; Anzahl der Tage nach der Wahl für den Beginn der Datenerhebung; Dauer der Feldarbeit; Datum des Fragebogens; Anzahl der Tage, an denen das Interview nach der ersten und zweiten Wahlrunde durchgeführt wurde; Sprache der Fragebogenadministration; Fragebogenversion.
Demographie: Geburtsjahr und -monat; Geschlecht; Bildung; Familienstand; Gewerkschaftszugehörigkeit; aktueller Erwerbsstatus; Hauptberuf; sozioökonomischer Status; Beschäftigungsart - öffentlich oder privat; Haushaltseinkommen; Anzahl der Personen im Haushalt; Kirchgangshäufigkeit; Konfession; Sprache, die üblicherweise zu Hause gesprochen wird; Wohnregion; Rasse; ethnische Zugehörigkeit; ländlicher oder städtischer Wohnsitz; Hauptwahlkreis; Geburtsland; Migrationshintergrund.
Umfragevariablen: politisches Interesse; Interesse an der Politik in den Medien; innere Wirksamkeit; Einstellung zu politischen Eliten; Einstellung zu Außengruppen (Minderheiten sollten sich den Bräuchen und Traditionen des Landes anpassen, der Wille der Mehrheit sollte immer vorherrschen, Einwanderer sind im Allgemeinen gut für die Wirtschaft des Landes, die Kultur des Landes wird generell von Einwanderern geschädigt, Einwanderer erhöhen die Kriminalitätsrate); Kriterien für nationale Identität (z.B. im Land geboren, Abstammung, Landessprachen sprechen können, Bräuche und Traditionen des Landes befolgen); Verbreitung von Korruption; Regierungsmaßnahmen: Forderung nach Regierungsmaßnahmen zum Abbau von Einkommensunterschieden; Einstellung gegenüber Umverteilung; Bewertung der Leistung der Regierung im Allgemeinen; Parteien, die die Ansichten des Befragten vertreten; Partei, die die Ansichten des Befragten am besten vertritt; Zustand der Wirtschaft; Befragte hat bei der aktuellen und der vorherigen Wahl eine Stimme abgegeben; Wahl (Präsidentschafts-, Unterhaus- und Oberhauswahlen) bei der aktuellen und der vorherigen Wahl; Befragte hat bei der aktuellen Wahl eine Vorzugsentscheidung abgegeben; Stimmenwahl für die scheidende Regierung bei der aktuellen Hauptwahl; Unterschied, wer an der Macht ist und für wen die Menschen stimmen; Sympathie-Skala für ausgewählte Parteien und politische Führer; Bewertung von Parteien auf einer Links-Rechts-Skala und einer optionalen alternativen Skala; Selbsteinschätzung auf der Links-Rechts-Skala und einer optionalen alternativen Skala; Demokratiezufriedenheit; Nähe zu einer politischen Partei; Parteiidentifikation; Partei, der sich der Befragte am nächsten fühlt; Intensität der Parteiidentifikation.
DATEN AUF BEZIRKSEBENE:
Anzahl der im Wahlkreis/ bundesweiten Wahlkreis umkämpften Sitze; Anzahl der Kandidaten (Bezirk/ bundesweiter Wahlkreis); Anzahl der Parteienlisten (Bezirk/ bundesweiter Wahlkreis); Prozentsatz der Stimmen verschiedener Parteien (Wahlkreis/ bundesweiter Wahlkreis); offizielle Wahlbeteiligung im Wahlkreis/ bundesweiter Wahlkreis.
DATEN AUF MAKROEBENE:
Wähleranteil oder Bevölkerung im Wahlkreis / bundesweiten Wahlkreis; Wahlergebnisse der Parteien bei der aktuellen Parlamentswahl (Unterhaus/Oberhaus); Prozentsatz der Sitze im Unterhaus bei den Parteien bei der aktuellen Unterhauswahl/Oberhauswahl; Prozentsatz der Sitze im Oberhaus bei den Parteien bei der aktuellen Unterhauswahl/Oberhauswahl; Prozentsatz der Stimmen bei den Präsidentschaftskandidaten der Parteien bei den laufenden Wahlen; Wahlbeteiligung (in Prozent der registrierten Wähler/des Wahlalters der Bevölkerung); Wahlmanagement: Wahlverwaltungsmodell (unabhängiges Organ, Regierung, gemischt); obligatorische Wählerregistrierung; Art der Stimmabgabe; Partei des Präsidenten und des Premierministers vor und nach der Wahl; Anzahl der von jeder Partei im Kabinett gehaltenen Portfolios, vor und nach der letzten Wahl; Größe des Kabinetts nach der letzten Wahl; ideologische Parteifamilien; von Experten zugewiesene Links-rechts-Position der Parteien und alternative Dimensionen; Populismus nach Parteien; Populismus-Skala der Parteien; die wichtigsten Faktoren bei der Wahl; Fairness der Wahl; formelle Beschwerden über Ergebnisse auf nationaler Ebene; gemeldete Wahlunregelmäßigkeiten; geplantes und durchgeführtes Wahldatum; Unregelmäßigkeiten des Wahltermins; Ausmaß der Gewalt bei der Wahl und nach den Wahlen; geografische Konzentration der Gewalt; Protest nach den Wahlen; während des Wahlkampfes zulässige Wahlbündnisse; Wahlbündnisse in der Praxis; Bildung von Wahlbündnissen; Anforderungen an gemeinsame Parteienlisten; Möglichkeit der Anerkennung und Art der Anerkennungsvereinbarung; mehrheitliche Befürwortung der Abstimmung; abgegebene Stimmen; Abstimmungsverfahren; Abstimmungsrunden; Parteienlisten geschlossen, offen oder flexibel; übertragbare Stimmen; kumulierte Stimmen, wenn mehr als eine Stimme abgegeben werden kann; Pflichtabstimmung; Parteienschwelle; Einheit für die Schwelle; Freedom House Rating; Alter des derzeitigen Systems; Regime: Art der Exekutive; Anzahl der Monate seit der letzten Unterhauswahl und den letzten Präsidentschaftswahlen; Wahlformel für Präsidentschaftswahlen; Wahlformel in allen Wahlstufen (mehrheitlich, proportional oder gemischt); für Unter- und Oberhäuser wurde kodiert: Anzahl der Wahlsegmente; vernetzte Wahlsegmente; abhängige Formeln in gemischten Systemen; Subtypen der gemischten Wahlsysteme; Bezirksgröße (Anzahl der aus jedem Bezirk gewählten Mitglieder); Anzahl der sekundären und tertiären Wahlkreise; Anzahl der Sitze über dem ersten Segment (Unterhaus); fusionierte Abstimmung; Größe des Unterhauses; verfassungsmäßige föderale Struktur; Anzahl der Parlamentskammern; Anteil der Frauen im Parlament; Parteienfinanzierung: direkte oder indirekte öffentliche Finanzierung; Anzahl der an den Wahlen teilnehmenden Parteien; effektive Anzahl der Wahlparteien und Parlamentsfraktionen; direkte Demokratie (Referendum obligatorisch, optional, durch Bürgerinitiative, Referendumsergebnis verbindlich oder konsultiv); Freiheitsgrad des Freedom House im Land zu drei Zeitpunkten (Wahljahr, ein Jahr vor der Wahl und zwei Jahre vor der Wahl); Bewertung der Demokratie-Autokratie-Politik IV; Gini-Koeffizient des verfügbaren Einkommens im Jahr der Wahl; BIP-Wachstum (in Prozent pro Jahr - Weltbank); BIP pro Kopf; Inflation, BIP-Deflator (in Prozent pro Jahr); Verschuldung der Zentralregierung, insgesamt (in Prozent BIP); Human development index; Gesamtbevölkerung; Arbeitslosenquote (in Prozent der gesamten Erwerbsbevölkerung); Arbeitslosenquote für Personen im Alter von 15-24 Jahren (in Prozent der gesamten Erwerbsbevölkerung); Land unterliegt bei Wahlen der Konditionalität des Internationalen Währungsfonds; Transparency International Index für die Wahrnehmung der Korruption; Index für die Kontrolle der Korruption; Beurteilung des öffentlichen Sektors durch Experten: Unternehmen, die den Beamten die vorteilhaftesten Bestechungsgelder bieten; Angestellte des öffentlichen Dienstes und wie sie die Gesellschaft behandeln; Häufigkeit, mit der Angestellte des öffentlichen Dienstes Fälle unparteiisch behandeln und nach Einhaltung der Regeln streben; Nettomigrationsrate (2000-2005, 2005-2010, 2010-2015, 2015-2020); Bevölkerung nach Staatsangehörigkeit: Prozentsatz der Bevölkerung, die Bürger, Ausländer oder unbekannter Staatsangehörigkeitsstatus sind; sprachlicher Fraktionierungsindex; religiöser Fraktionierungsindex, ethnischer Fraktionierungsindex; Fragmentierungsindex des Gemeinwesens; Prozentsatz der Personen, die das Internet nutzen; Mobilfunkabonnements pro 100 Einwohner; feste Telefonleitungen pro 100 Einwohner; Parteiidentifikationscodes aus dem Manifesto Research on Political Representation Project (MARPOR/CMP); Parteiidentifikationscodes aus dem Parliament and Government Database (ParlGov) project.
Основной целью научного исследования является выявление особенностей привлечения представителя к ответственности и основаниях ее возникновения. Предметом научного исследования является нормы права, регламентирующие ответственность субъектов по посредническим договорам и практика их применения. Автором проанализированы основания и формы гражданско-правовой ответственности субъектов по посредническим договорам. Научная новизна работы определяется тем, что на основе анализа действующего гражданского законодательства, выявлены основания и формы гражданско-правовой ответственности лица, действующего в чужом интересе. Актуальность темы исследования в настоящее время обусловлена рядом факторов социально-экономического, правоприменительного, нормативно-правового и доктринального порядка. Общее развитие цивилистики и расширение сферы деятельности гражданско-правового регулирования общественных отношений в сфере представительства предопределило необходимость исследования оснований привлечения представителя к ответственности и ее формы. Методологическую основу исследования составили общенаучные и частно-научные методы познания. Общенаучные диалектические методы познания включали принципы объективности, системности, историзма, индукции, дедукции и др. К частно-научным методам познания относились: формально-юридический, описательный, лингвистический, формально-логический, системно-правовой, сравнительно-правовой и другие. Выводы: автор приходит к выводу, что морской брокер, являясь коммерческим представителем, имеет право на получение возмещения понесенных при исполнении им поручения издержки, а также вознаграждение соразмерно выполненной им работе. В то же время он имеет право использовать такой способ обеспечения исполнения обязательства, как удержание, наравне с другими лицами, действующими в чужом интересе. Поверенный, действующий на основании договора поручения, в случае отсутствия в договоре его ответственность за неисполнение либо ненадлежащее исполнение своих обязанностей, обязан возвратить доверителю неосновательно сбереженное и возвратить или возместить ему все доходы, которые он извлек или должен был извлечь из этого имущества. В случае неисполнения страховым брокером своей обязанности не разглашать коммерческую тайну страховщика, предоставляет право страховщику требовать компенсации морального вреда. Автор также считает, что управляющий либо управляющая компания, действующие на основании договора о передаче полномочий исполнительного органа, привлекаются к ответственности за убытки, причиненные по их вине юридическому лицу. Результаты исследования могут быть использованы в дальнейшем в качестве основы для дальнейших разработок проблематики данного института права, а также могут быть применены в учебном процессе по дисциплинам «Гражданское право» и «Российское предпринимательское право», при подготовке учебников и учебных пособий по гражданскому праву и предпринимательскому праву. Кроме того, результат исследования может быть использован в качестве пособия для практикующего юриста, руководителя и главного бухгалтера ; Main objective of scientific research is detection of features of involvement of the representative to responsibility and the bases of its emergence. A subject of scientific research is the rules of law regulating responsibility of subjects under intermediary contracts and the practician of their application. The author analysed the bases and forms of civil responsibility of subjects under intermediary contracts. Scientific novelty of work is defined by that on the basis of the analysis of the acting civil legislation, the bases and forms of civil responsibility of the person acting in others interest are revealed. Relevance of a subject of research is caused by a number of factors of a social and economic, law-enforcement, standard and legal and doctrinal order now. The general development of civil law and expansion of a field of activity of civil regulation of the public relations in the sphere of representation predetermined need of research of the bases of involvement of the representative to responsibility and its forms. The methodological basis of research was made by general scientific and chastnonauchny methods of knowledge. General scientific dialectic methods of knowledge included the principles of objectivity, systemacity, historicism, induction, deduction, etc. Treated chastnonauchny methods of knowledge: legallistic, descriptive, linguistic, formal and logical, system and legal, comparative and legal and others. Conclusions: the author comes to a conclusion that the sea broker, being the commercial representative, has the right to compensation suffered at execution of an expenses assignment by it, and also remuneration is proportional to the work performed by it. At the same time he has the right to use such way of ensuring execution of the obligation as deduction, on an equal basis with other persons acting in others interest. The attorney acting under the contract of an assignment in case of absence in the contract its responsibility for non-execution or inadequate execution of the duties, is obliged to return to the principal superficially sberezhenny and to return or compensate to it all income which he took or had to take from this property. In case of non-execution by the insurance broker of the duty not to disclose a trade secret of the insurer, grants the right to the insurer to demand compensation of moral harm. The author also considers that the managing director or the management company acting under the contract on delegation of power of executive body are brought to liability for damages, caused on their fault to the legal entity. Results of research can be used further as a basis for further development of a perspective of this institute of the right, and also "Civil law" and "The Russian enterprise law" can be applied in educational process on disciplines, by preparation of textbooks and manuals on civil law and the enterprise right. Besides, the result of research can be used as a grant for the practicing lawyer, the head and the chief accountant
The current work is devoted to estimating the term structure of interest rates based on a generalized optimization framework. To x the ideas of the subject, we introduce representations of the term structure as they are used in nance: yield curve, discount curve and forward rate curve. Yield curves are used in empirical research in nance and macroeconomic to support nancial decisions made by governments and/or private nancial institutions. When governments (or nancial corporations) need fundings, they issue to the public (i.e. the market) debt securities (bills, bonds, notes, etc ) which are sold at the discount rate at the settlement date and promise the face value of the security at the redemption date, known as maturity date. Bills, notes and bonds are usually sold with maximum maturity of 1 year, 10 years and 30 years respectively. Let us assume that the government issues to the market zero-coupon bonds, which provide a single payment at maturity of each bond. To determine the price of the security at time of settlement, a single discount factor is used. Thus, the yield can be dened as the discount rate which makes the present value of the security issued (the zero-coupon bond) equal to its initial price. The yield curve describes the relationship between a particular yield and a bond's maturity. In general, given a certain number of bonds with dierent time to maturity, the yield curve will describe the one-to-one relationship between the bond yields and their corresponding time to maturity. For a realistic yield curve, it is important to use only bonds from the same class of issuer or securities having the same degree of liquidity when plotting the yields. Discount factors, used to price bonds, are functions of the time to maturity. Given that yields are positive, these functions are assumed to be monotonically decreasing as the time to maturity increases. Thus, a discount curve is simply the graph of discount factors for dierent maturities associated with dierent securities. Another useful curve uses the forward rate function which can be deduced from both the discount factor and the yield function. The forward rate is the rate of return for an investment that is agreed upon today but which starts at some time in the future and provides payment at some time in the future as well. When forward rates are used, the resulting curve is referred to as the forward rate curve. Thus, any of these curves, that is, the yield curve, the discount curve or the forward rate curve, can be used to represent what is known as the term structure of interest rate. The shapes that the term structure of interest rates can assume include upward sloping, downward sloping, atness or humped, depending on the state of the economy. When the expectations of market participants are incorporated in the construction of these curves representing the term structure, their shapes capture and summarize the cost of credit and risks associated with every security traded. However, constructing these curves and the choice of an appropriate representation of the term structure to use is not a straightforward task. This is due to the complexity of the market data, precisely, the scarcity of zero-coupon bonds which constitutes the backbone of the term structure. The market often provides coupons alongside market security prices for a small number of maturities. This implies that, for the entire maturity spectrum, yields can not be observed on the market. Based on available market data, yields must be estimated using traditional interpolation methods. To this end, polynomial splines as well as parsimonious functions are the methods mostly used by nancial institutions and in research in nance. However, it is observed in literature that these methods suer from the shape constraints which cause them to produce yield curves that are not realistic with respect to the market observations. Precisely, the yield curves produced by these methods are characterized by unrealistic t of the market data, either in the short end or in the long end of the term structure of interest rate. To ll the gap, the current research models the yield curve using a generalized optimization framework. The method is not shape constrained, which implies that it can adapt to any shape the yield curve can take across the entire maturity spectrum. While estimating the yield curve using this method in comparison with traditional methods on the Swedish and US markets, it is shown that any other traditional method used is a special case of the generalized optimization framework. Moreover, it is shown that, for a certain market consistency, the method produces lower variances than any of the traditional methods tested. This implies that the method produces forward rate curve of higher quality compared to the existing traditional methods. Interest rate derivatives are instruments whose prices depend or are derived from the price of other instruments. Derivatives instruments that are extensively used include the forward rate agreement (FRA) contracts where forward rate is used and the interest rate swap (IRS) where LIBOR rate is used as oating rate. These instruments will only be used to build up the term structure of interest rates. Since the liquidity crisis in 2007, it is observed that discrepancies in basis spread between interest rates applied to dierent interest rate derivatives have grown so large that a single discount curve is no longer appropriate to use for pricing securities consistently. It has been suggested that the market needs new methods for multiple yield curves estimation to price securities consistently with the market. As a response, the generalized optimization framework is extended to a multiple yield curves estimation. We show that, unlike the cubic spline for instance, which is among the mostly used traditional method, the generalized framework can produce multiple yield curves and tenor premium curves that are altogether smooth and realistic with respect to the market observations. U.S. Treasury market is, by size and importance, a leading market which is considered as benchmark for most xed-income securities that are traded worldwide. However, existing U.S. Treasury yield curves that are used in the market are of poor quality since they have been estimated by traditional interpolation methods which are shape constrained. This implies that the market prices they imply contain lots of noise and as such, are not safe to use. In this work, we use the generalized optimization framework to estimate high-quality forward rates for the U.S. Treasury yield curve. Using ecient frontiers, we show that the method can produce low pricing error with low variance as compared to the least squares methods that have been used to estimate U.S. Treasury yield curves. We nally use the high-quality U.S. Treasury forward rate curve estimated by the generalized optimization framework as input to the essentially ane model to capture the randomness property in interest rates and the time-varying term premium. This premium is simply a compensation that is required for additional risks that investors are exposed to. To determine optimal investment in the U.S. Treasury market, a two-stage stochastic programming model without recourse is proposed, which model borrowing, shorting and proportional transaction cost. It is found that the proposed model can provide growth of wealth in the long run. Moreover, its Sharpe ratio is better than the market index and its Jensen's alpha is positive. This implies that the Stochastic Programming model proposed can produce portfolios that perform better than the market index.
La tesis analiza el sistema fiscal español entre los años 1960 y 1990, con especial atención a los aspectos de progresividad y redistribución, y a la evolución de la desigualdad en el periodo. Se estudian las reformas impositivas que tuvieron lugar durante la transición a la democracia, realizando una evaluación cuantitativa de sus efectos. Debido a la larga dictadura sufrida por el país entre 1936/39 y 1976, España mantuvo durante casi todo el siglo XX las formas fiscales tradicionales del sistema liberal decimonónico: los impuestos eran bajos, regresivos e ineficientes, y las raíces del estado del bienestar se mantuvieron subdesarrolladas. Con el retorno de la democracia, pronto se impulsó una reforma con los objetivos de hacer el sistema progresivo, eficiente y capaz de generar mayor recaudación, cuyas novedades principales fueron la introducción del impuesto sobre la renta (1979) y del IVA (1986). Pero durante las siguientes décadas, las cotizaciones sociales siguieron siendo la fuente principal de ingresos públicos, y la alta evasión fiscal se mantuvo como uno de los grandes problemas no resueltos. ¿Cuál fue el efecto neto de todo ello? La mayoría de la tesis es de carácter empírico, basándose en datos de Encuestas de Presupuestos Familiares y estadísticas de recaudación fiscal, que reciben un tratamiento crítico. Se realizan diversas propuestas metodológicas, para el ajuste por infra-declaración de los datos de encuesta y la estimación del fraude en base a declaraciones fiscales. Los resultados principales son una considerable persistencia en los niveles de desigualdad, el mantenimiento de la regresividad del sistema impositivo, y el fuerte impacto negativo del fraude en el impuesto sobre la renta. Los niveles de redistribución total del sistema de impuestos y transferencias alcanzados en España durante el periodo no alcanzaron la convergencia con los de otros países occidentales. Se concluye que las demandas de imposición progresiva se vieron constreñidas tanto por las instituciones políticas nacionales como por un nuevo contexto internacional, donde la combinación de bajo crecimiento, apertura económica y teoría neo-liberal hizo los impuestos progresivos más difíciles de defender e implementar. Ello, a su vez, limitó la capacidad redistributiva del presupuesto. ; This thesis analyses the Spanish tax system between 1960 and 1990, with special attention to the developments in progressivity, redistribution and inequality. It addresses the reforms that took place during the transition to democracy, providing a quantitative joint assessment which was missing in the literature. Because of the long dictatorship suffered by the country between 1936/39 and 1976, Spain was a laggard in abandoning the traditional liberal forms of taxation in favour of 20th century tax ideas. Taxes were low, regressive and inefficient during these decades, and the welfare state seeds were kept underdeveloped. During the sixties, public finance scholars envisaged the introduction of the 'European' model, but such a reform could not make it through under Francoism. As democracy returned, the new government soon passed several tax measures which meant to make the system progressive, efficient and able to raise higher revenue. This would bring the country into convergence with its European neighbours, allowing integration in the European Economic Community and the development of a modern welfare state. The main milestones were the introduction of a personal income tax (1979) and a value added tax (1986). But, during the following decades, social contributions kept being the single most important public revenue source, and high tax evasion persisted as one of the main unresolved problems signalled by experts. These elements sustain the initial hypothesis of a proportional or still regressive tax system after the reforms — which would contradict simple political economy models in the literature, were democratization redistributes political and economic power. Our guiding research questions thus are: Did the tax system become (more) progressive? Did it reduce income inequality in the country? And what was the evolution of tax evasion and its incidence on different income levels? The empirical work is mainly based on Household Budget Surveys, tax revenue data and statistics of tax burden distribution, which are critically treated and adjusted. Methodological innovations include a proposal for correction of biases in household survey data and an addition to Feldman and Slemrod (2007)'s method for estimating fraud in different income sources, by introducing a correction for sample selection. The calculations of the distribution of the tax burden underline the joint consideration of total taxation, including consumption taxes, which are often neglected in related work. The main results of the thesis are a considerable persistence in inequality levels (contrary to theoretical expectations and the conclusions of previous literature), the negative impact of taxation on the income distribution still after the reforms (while funding progressive social expenditure), and the severe and regressive incidence of tax evasion and base voidening in the personal income tax. The levels of tax-and-transfer redistribution attained in Spain throughout this period did not converge to those of other western countries. The author's interpretation concludes that demands for progressive taxation were constrained by both domestic political institutions –with a bias for representation of center-right interests–, and a new international political economy. The combination of sluggish growth, economic openness and neo-liberal theory made progressive taxes harder to defend and implement. This, in turn, limited the state's redistributive capacity. To some extent, this story might also fit other countries in the European periphery, adding a new category to the international discussion on regressive taxation and welfare state development. Welfare state laggards initially resorted to similar strategies to those used earlier by the leaders. But lower revenue from personal taxes, higher levels of inequality, and slow growth impeded the establishment of highly redistributive tax-and-transfer systems.
Brazil grew 2.4 percent per year on average in the last 25 years-somewhat less than Latin America, a good deal less than the world, far less than the emerging countries of Asia in the same period, and indeed far less than Brazil itself in previous decades. If anything stands out favorably in recent Brazilian experience, it is not growth but stabilization and the successful opening of the economy. The purpose of this paper is more modest. It is limited to setting out the authors' particular view of recent efforts to consolidate democracy in Brazil while controlling inflation and resuming economic growth. At the same time the paper presents, as objectively as possible, some thoughts on the limits but also the relevance of action by political leaders to set a course and circumvent obstacles to that process. Here and there, the paper refers to the experiences of other Latin American countries, especially Argentina, Chile, and Mexico, not to offer a full fledged comparative analysis but merely to note contrasts and similarities that may shed light on the peculiarities of the Brazilian case and suggest themes for a more wide-ranging exchange of views.
This paper uses a case study of Costa Rica to identify the reasons why democracy is conducive for development. By the mid-twentieth century, Costa Rica had begun to depart from the all-too-common mixture of political instability and economic stagnation characteristic of much of the developing world. This paper claims that this country has benefited from better-than-average public policies, a conclusion based upon an original assessment of policy effectiveness and a major comparative ranking of state policies. It largely rejects the interpretation that uncommon development performance stems from institutions created during the colonial period and instead emphasizes how unending political stalemates gradually made the struggle for power more democratic. A central conclusion of this paper is that political competition-as well as steady economic growth rates and development, more generally-interact with and reinforce each other so that the exercise of power foments rather than retards economic growth.
Having reached the mark of 2,118 delegates, Barack Obama has gone from candidate in the closest head-to-head primary ever to presumptive nominee. Appropriately, he will accept the nomination at the August convention in Denver, on the 45th anniversary of Martin Luther King's "I have a dream" speech. This is political history in the making: he is the first African-American to be the head of the presidential ticket of a major party. After years of angst and self doubt, there is a renewed optimism on the street, and a whole new group of voters has been mobilized. However, Obama, who has run on a message of hope and change, faces an extremely difficult path ahead. His vulnerabilities have become apparent in the succession of events over the last few weeks of this long primary season.He lost nine of the last fourteen primaries, including South Dakota, where he was favored (55% to 45%), and Puerto Rico (68% to 42%); he has had to cut ties with his Church due to its radicalism and anti-establishment stance, and, one day after Obama claimed the nomination, one of his top fund-raisers was found guilty of wire fraud and money laundering in a federal court in Chicago. Now his campaign will have to overcome this dry patch and move forward to the greater challenge, that of defeating McCain. His next task at hand is to choose a vice-president, and this, too, poses a serious dilemma.In the first place, Hillary Rodham-Clinton took five days to acknowledge defeat, giving cause for some speculation that she is pressing for the vice-presidential spot with the implied threat that she will continue fighting all the way to the convention. She has the right to do so, if we consider the fact that she has won all of the big states and probably a larger number of the popular vote (around 18 million). And, as she not so humbly claims, she is the more experienced candidate who could better stand up to McCain. On the other hand, there is great concern that Barack's image as the unconventional, charismatic, post-modern Washington outsider will be damaged if he chooses her. So the decision will require reflection, pondering and a lot of vetting interviews of alternative candidates.Much ink will be spent in speculating why Hillary lost the primary. Here, I will just offer a few reflections, leaving the second guessing of the way her campaign was run to those who will manically analyze every decision taken, every tactic used, every gesture, every word, and will have their eureka moments when finding the flaw, the error, the underestimation that brought her down. And yet, quite often fate, luck and other imponderables irrevocably determine the outcome of a narrow race, regardless of the brilliant strategies of the campaign managers, advisers and other experts. It has already been said that Rodham Clinton started her campaign as the inevitable candidate, as the incumbent, and that her sense of entitlement turned many voters away. At the same time, her main message was one of change, of moving forward, of undoing the Bush legacy, but Obama co-opted that message, and he was much more convincing as an agent of change. Hillary began her campaign running not as a woman, but as the most hardened and experienced, candidate that would deliver both peace and prosperity to all Americans. Obama ran from the beginning as the post-racial candidate and this theme remained constant throughout his campaign. She was trying to woo independents and disaffected Republicans and had thus to prove that she was as tough as John McCain. Obama had no intention of treading down that path, which he derided as part of the Washington game. Instead, he stuck fearlessly to his convictions. It was this independent streak, his absolute confidence in the soundness of his cool, post-modern world vision that was irresistible to the young voters. This should not obfuscate the fact that both ran historic campaigns and have unremittingly shattered the barriers of gender and race in American politics at the highest level. Still, the promise of change was more credible when pledged by the young unknown than by the seasoned insider. With no substantial philosophical differences between the two, the richer contrast was all inspiration and charisma versus politics as usual.First of all, we need to consider a fundamental fact: even if the media and their respective campaigns have played up the differences between the two candidates, their basic policy choices and ideologies are one and the same. From health care to fiscal policy, from education to foreign policy, there may be some minimal disagreements but they both share the basic ideology of more equitable economic distribution, protection of civil rights and overall tolerance toward others that typify Democrats in the United States. Some observers may bring up Hillary's vote in favor of the Iraqi invasion of 2003 as evidence of an important disagreement, and also a cause of her loss of popularity in the early stages of the campaign. That certainly did her harm, which is ironic because, in academic and political circles alike, few believe it represents her real conviction. As a Senator for New York and a future presidential candidate, she carefully chose to vote in favor of a war that, in October 2002, had a high rate of approval among the population, who had clearly bought the Republican idea that the invasion "over there" would make us safer "over here". At the time, she hedged that gamble against the fact that "there was enough evidence" Saddam was piling up WMDs, which had little to do with 9-11 and Al Qaeda. But a scared populace is an easy target for deception and false reassurances. Intent on proving her masculine toughness on security issues, she fell into the Republican trap. Five years down the road, this carefully measured decision came back to haunt her, and the controversy over that vote generated an enormous surge of support for Obama that might have created the momentum that helped him win the early contests, namely, the Iowa caucuses and the wins of February 5th. This momentum, coupled with the televised debates, proved he was a worthy, viable candidate; it brought the media to his side and attracted new voters. He irradiated a cool self-assurance, a subdued charm, an understated intelligence that was indeed enchanting to young voters, to black voters and to hard core Democrats tired of the vitriol of Washington. The country, it seemed, was ready for Obama. His timing was impeccable and had the effect of making Rodham-Clinton look tired, strident and blasé. The media had found its golden boy and started treating Hillary as the intruder, who would do anything to prevent a new Camelot.After his initial sweep, Hillary slowly started to recover and as the campaign progressed, her message became more focused and she found her voice. She switched strategies and, from being the more experienced candidate that would deliver peace and prosperity to all Americans, she turned back to her traditional constituencies, namely, women and blue-collar workers. Speaking to her strengths, namely, her devotion to public service and her familiarity with the intricacies of policy-making, she became a great communicator that invariably connected with her audiences. And she started winning again.Even those that dislike her have to acknowledge her skills as a campaigner, her endurance and poise under tremendous pressure and, more importantly, her dramatic recovery of the popular vote towards the end of the campaign, which made her claim to bring this battle to the convention quite legitimate. Her wins in Pennsylvania, Ohio and West Virginia, as well as her immense support in the Hispanic community as shown by the Puerto Rican vote, cannot be discounted by the party when it looks ahead to the national election in November.One should bear in mind that these primaries were the closest contest in primary history, and in spite of having the whole media establishment against her from the beginning, Hillary did not at any time show signs of faltering or self-doubt and never allowed herself to make the road easier for Obama. She stayed on message, speaking to the issues, proving she was ready to become the first woman president. Both her competency and her warmth gained her a huge following. But once she lost the media she also started losing the super-delegates from inside the party. One after the other, the big names in the party started lining up behind Obama: Tom Daschle, Ted and Caroline Kennedy, Christopher Dodd, Bill Richardson, and towards the end, even John Edwards.This took many by surprise, and is related to another phenomenon that very few had perceived before: the animosity that the Clintons, especially Bill, provoke from within the party itself. Although Bill and Hillary are the most powerful brand name in the Democratic Party, there is a surprising amount of anger against them that had remained latent till now. Bill Clinton's harsh remarks in South Carolina primary astonished many and may have hurt her campaign, reinforcing the perception that the Clintons would do anything, even play the race card, in order to win the White House.Then there was the question of demographics and identity politics. Although Rodham-Clinton attempted to run as the candidate for all, after the first losses and as she increasingly won the vote of women and blue collar workers, she turned to her natural constituencies. She started running as a woman and as the champion of the working class. In her new more populist persona, she also won among Jews, Catholics and rural workers. Obama did best among college educated youth, intellectuals and black voters. In other words, they both win the identity vote. Identity has come up often during the campaign, and not in a positive way. Irate at the way the media were treating Hillary and indulging Obama especially in interviews (there was even a sketch in Saturday Night Live that parodied this noticeable difference), Geraldine Ferraro accused the media of sexism and went as far as saying that Obama would not be treated with so much deference if he was a white man. After disproportionate outcry by the media and the public, Clinton had to fire Ferraro as her advisor. Thus, bringing up sexism completely backfired for Hillary.The irony once again, is that Identity Politics is most likely the prism through which both Hillary and Obama, see America: as a society divided by categories of class, gender, race, ethnicity and sexual preference. His as well as her policies are informed by this view. But Obama skillfully downplays it and tries to portray himself as the candidate for all Americans who want change and are tired of Washington politics. He does not deny that race and gender play a role in politics but prefers not to bring it up since it is "not productive". His strategy has paid off so far, but this topic will certainly be revisited in the national election. Due to his background and life experience, McCain has a very different view based on patriotism and service to the country, on individual responsibility and a common civic culture. He will find a way to turn the notion of Identity Politics against Obama, who, in spite of his unifying message, often speaks about redressing balances and ending injustice.Finally, the closeness of the race and the resilience of these two formidable candidates were again in display towards its end, and led to a new critical stage. The momentum that had carried Obama through the early and middle stages started to weaken. As time went by, more scrutiny brought up the issue of his membership in a radical Black Liberation Theology Church, the (inane) fact that he did not wear a US flag pin on his lapel (a symbol of patriotism that became particularly important after 9-11, when even academics came under no small degree of peer pressure to wear one), and this past week, the conviction by a Chicago federal jury of former fund-raiser and friend, Antoin Retzko.As momentum weakened, and as Clinton seemed to resurrect and come closer to Obama in the delegate count, party rules regarding delegate selection became more important . Because in most primaries there has been an early front-runner, and because the last primary contest that had to be taken all the way to the convention without a presumptive nominee was in 1976, very few party leaders and even fewer journalists are aware of the rules. As they began to play out, we were all submitted to a crash course on these intra-party rules. The Democratic Party has a centralized structure, so all states play by the same rules, and its selection system is based on proportional representation, the most democratic form of representation: within each state, any candidate that reaches a threshold of 15% of votes is allocated delegates proportionally to the vote. This, while it is better for representation, tends to prolong the race and make it closer. While Clinton was recovering and making important gains, Obama still continued to pick up a few delegates here and there, and the media kept its constant drum roll in his favor. Super-delegates were swayed to his side, irrevocably. In contrast, Republicans have a decentralized structure so that each state establishes its own rules, and most choose a winner-take-all selection system. This system, while less democratic and representative, enabled them to have a clear winner by March, with all the advantages that that entails.This year a very peculiar situation arose out of Michigan and Florida, where the state governments scheduled the primaries too early, in breach of the Democratic Party rules, so the Democratic National Committee determined they would not seat their delegates. There were 313 delegates at stake. Obama withdrew his name from the ballot in Michigan, and did not campaign in Florida. Clinton won both. At that time nobody thought this issue would become decisive for the nomination, but in such a close race, it certainly did. Last weekend the DNC met with representative so both sides and settled on a formula that allocated delegates to both in a very non-scientific way. It gave each of those delegated half a vote at the convention. While the formula was accepted by both sides, it has been perceived as a bonus for Obama, whose name was not even on the ballot in Michigan and yet he still got delegates allocated. This may still come up again at the National Convention in August. Many factors have thus combined to make Obama the presumptive nominee of the Democratic Party. In addition to momentum and rules we should also consider the fortunate pairing of Obama to the spirit of the times. The timing for an unconventional candidate could not have been better, and he emerged as the prophetic leader the times demanded. His demeanor, his background, and his non-assuming attitude, all make for the perfect post-modern candidate. The public embraced him and the media anointed him. Now, the question still remains, is his "gift of grace" strong enough to unify America? Can he summon the support he needs to win a national election? Given the complex electoral system based on state votes and an electoral college, and not on the popular vote, can he win the major states and the swing states?Here is where the selection of a vice-president becomes crucial.There is a big movement both from the grassroots and from Clintonites inside the party (yes, there are still some left!) to pressure Obama to pick Hillary as running mate. There are of course, both huge advantages and dismal disadvantages for Obama to ponder in his selection. His first consideration must be to win the election, but he also needs to be able to govern, once he wins.Hillary would bring in those votes that have eluded Obama: mature women, blue collar, rural. Seventy-six of her supporters want her to be Vice-president. She energizes audiences and has won the hearts of all those groups above-mentioned. They feel very strongly about her place in History and demand respect for their candidate. Some may not even come out to vote if Obama's ticket does not include her. She would also help win the big states (she won them all, among them California, Texas and New York) and the swing states, noticeable among them, Ohio, that determined Bush's victory in 04. On the other hand, she does evoke the past in the minds of many voters, and she is now undoubtedly a Washington insider (in fact, her experience has been counted as both an asset and a liability in this sense). She would distort Obama's image as the unconventional candidate, and his message of change and hope may be, if not lost, at least diminished.Insofar as governing, their ideologies and policy positions are perfectly compatible, if not identical, so that would not constitute a problem. She has been studying the intricacies of policy and politics since she was a university student at Wellesley College. She is capable, efficient, convincing and tireless. She is experienced in navigating the meandering straits of policy making, and can muster bipartisan support with her well-reasoned arguments.Another often-mentioned handicap is Bill Clinton himself. With his larger than life personality, can he play prince consort? Or would he be the one that governs behind the scenes, and have his own shadow cabinet, Cheney-style? His reputation has suffered a lot lately, not any more because of that infamous blue dress but because he has not disclosed the list of donors to his library, among which there allegedly are several Middle Eastern governments. There is real vitriol against him, and that is directly transferred to Hillary.For now, both candidates seem to be catching their breaths.Hillary postponed her concession speech for as long as possible, some say to put pressure on Obama to include her in the ticket. Barack, on his part, has quietly named a vetting team for a vice-presidential search. Caroline Kennedy is among its members, as is Eric Holden, President Clinton's former attorney- general. It is headed by Jim Johnson, former Chairman of Fannie Mae, who vetted VPs for John Kerry and Walter Mondale. After exhaustive interviews and background checks, Obama will decide.In the last two months of the campaign, the pundits were prone to repeating that the "math" was against Hillary. This was a gross oversimplification of a race that was characterized by peculiar circumstances and surprises at every turn, and one which was less about math than about intangibles: momentum, media frenzy, rules, emotions, charisma and zeitgeist . In the end, however, it may all very well come down to the "math": if Barack can be convinced that he needs Hillary to win against McCain, then he will pick her as his VP and put the rest of his concerns aside. This will also heal party wounds and bring into the fold her loyal constituencies. But public opinion is fickle, politics is an inexact science and many times emotions can trump the best thought- out and scientifically devised plans. Like Sisyphus rolling the boulder up the mountain, Obama may find he has to prove himself all over again and then come out empty-handed in November.In the meantime, and just for good measure, Obama, the "transformative candidate" is now wearing a US flag pin on his lapel.Puerto Ricans do not have the right to vote in national elections due to the "associated state "status, but they can vote in primary elections.This dynamic in the relationship between momentum and rules has been pointed out in a recent article by Jason Bello and Robert Shapiro, published in the Political Science Quarterly, vol. 123 No.1 Spring 08.Super delegates are unpledged party leaders who do not have to declare their presidential preferences until balloting takes place at the ConventionSenior Lecturer, Department of Political Science and Geography Director, ODU Model United Nations Program Old Dominion University, Norfolk, Virginia
Dissertação de Mestrado em Gestão e Internacionalização de Empresas ; Com a aquisição do direito de livre circulação de pessoas e comércio e com a diminuição das barreiras económicas, políticas e sociais, o turismo demonstrou-se um mecanismo de geração interna de riqueza. Contudo, as constantes mutações do espaço económico e a saturação do mercado interno, exigiu ao setor turístico uma maior competitividade e aplicação de inovação e diferenciação nos seus produtos/serviços. Para subsistirem no mercado, e manterem o seu posicionamento competitivo, a indústria hoteleira, viu nas suas vantagens internas uma oportunidade de explorar mercados internacionais, pelo que, ao longo dos anos, a internacionalização do turismo e o seu potencial impacto no desenvolvimento económico e social das regiões, assim como as suas determinantes, têm vindo a ser alvo de aprofundamento por parte dos estudiosos. Apesar do elevado contributo, deste segmento de atividade, para o desenvolvimento da economia, são ainda verificadas muitas desigualdades, não sendo o fluxo turístico, a internacionalização ou fixação de cadeias hoteleiras estrangeiras proporcional em todas as regiões portuguesas. Neste sentido, a literatura enumera algumas variáveis que podem explicar este fenómeno, como o nível educacional, conhecimentos partilhados e experiências adquiridas pelos recursos humanos; o grau de aglomeração de empresas do setor turístico e de produtos complementares; fatores macroeconómicos subjacentes à economia ou, até mesmo, recursos herdados/adquiridos ou fatores climatéricos. De forma a averiguar o impacto das determinantes, na indústria hoteleira e nos fluxos de turismo, foram realizados três estudos diferentes, sendo um deles elaborado ao nível das NUTS III e os restantes ao nível dos municípios, existindo uma comparação de resultados para o ano de referência. Numa primeira fase, com o intuito de verificar se existem evidências estatísticas para afirmar que as variáveis validadas pela literatura, i.e. aglomeração, conhecimento e recursos turísticos, são significativas para a decisão de internacionalização das cadeias hoteleiras, utilizou-se a base de dados por NUTS III e a análise de regressão linear multivariada. Numa segunda fase, aplicando a mesma técnica de análise, mas ao nível dos municípios e considerando apenas as variáveis de aglomeração e conhecimento, efetuou-se uma comparação direta com o estudo anterior, para a verificação de evidências estatísticas que afirmem a relação das variáveis em análise com a internacionalização da indústria hoteleira. Ainda nesta segunda etapa, as mesmas variáveis foram estudas para medir o impacto na proporção de turistas internacionais recebidos anualmente pelo país e a representação gráfica será elaborada. Numa terceira fase, considerando as variáveis até então estudadas, e acrescentando outras i.e., importação, exportação e temperatura, também aplicadas em estudos científicos relacionados ao turismo, realizou-se uma análise de regressão logística para estimar a probabilidade associada à decisão de internacionalização dos hotéis ou estabelecimento de cadeias hoteleiras estrangeiras em território português. Os resultados obtidos no primeiro artigo, permitem concluir que a aglomeração de empresas relacionadas ao setor do turismo é estatisticamente significativa, enquanto que, apenas alguns recursos de conhecimento e endógenos são estatisticamente significativos para a internacionalização do setor hoteleiro. No segundo artigo, verifica-se que a aglomeração continua a ser estaticamente significativa para internacionalização dos hotéis, assim como alguns recursos de conhecimento. Verifica-se, igualmente, ao nível da proporção de turistas internacionais que a aglomeração e alguns recursos de conhecimentos são estatisticamente significativos. Os mapas caracterizam os municípios de acordo com as variáveis em estudo. No terceiro artigo, conclui-se que a existência de um elevado grau de conhecimento, acesso a recursos herdados ou adquiridos e a participação no comércio internacional, afetam a probabilidade de internacionalização da indústria hoteleira, enquanto que a probabilidade de estabelecimento de hotéis estrangeiros varia de acordo com o nível de comércio internacional, recursos naturais e histórico-culturais e o clima das regiões. ; The acquisition of free movement of people and commerce and the reduction of economic, political and social barriers, tourism has shown to be a mechanism of wealth generation. However, the constant changes in the economic space and the saturation of the internal market led the tourism sector to become more competitive and apply innovation and differentiation in its products / services. In order to survive in the market and maintain its competitive position, the hotel industry found in its internal advantages an opportunity to explore international markets, so over the years the internationalization of tourism and its potential impact on regional economic and social development, as well as their determinants, have been intensified by scholars. Despite the high contribution of this industry to the development of the economy, many inequalities persist in terms of the tourist flow, internationalization or establishment of foreign hotel chains proportional in all Portuguese regions. In this sense, the literature lists some variables that may explain this phenomenon, such as educational level, shared knowledge and experiences acquired by human resources; the degree of agglomeration of tourism firms and complementary products; macroeconomic factors underlying the economy or even inherited / acquired resources or climacteric factors. In order to find out the impact of the determinants in the hotel industry and tourism flows, three different studies were conducted, one being established at the level of NUTS III and the rest at the counties level, allowing to compare results. At an initial stage, in order to verify statistical evidence to confirm that the variables validated by the literature, i.e. agglomeration, knowledge and touristic resources, are significant for the internationalization decision of the hotel chains, based on NUTS III data subjected to multivariate linear regression analysis. In a second stage, applying the same techniques, but at the level of the counties and considering only the variables of agglomeration and knowledge, a direct comparison was made with the previous study, for verifying statistical evidence that confirm the relation between the variables in analysis with the internationalization of the hotel industry. Subsequently, the same variables were used to measure the impact on the proportion of international tourists received, annually, using the graphical representation. In a third stage, considering the variables previously studied, and adding others i.e., import, export and temperature, also applied in scientific studies related to tourism, a logistic regression analysis was performed to estimate the probability associated to the internationalization decision of the hotels or establishment of foreign hotel chains in Portuguese territory. The results obtained in the first article allow us to conclude that the agglomeration of firms related to the tourism sector is statistically significant, whereas only some knowledge and endogenous resources are statistically significant for the internationalization of the hotel sector.In the second article it is verified that the agglomeration continues to be statically significant for the internationalization of the hotels, as well as some knowledge resources. It is also verified, at the level of the proportion of international tourists, that the agglomeration and some resources of knowledge are statistically significant. The maps characterize the counties according to the variables under study. In the third article, it is concluded that the existence of a high degree of knowledge, access to inherited or acquired resources and participation in international trade, affects the probability of internationalization of the hotel industry, while the probability of establishing foreign hotels varies according to the level of international trade, natural and historical-cultural resources and the climate of the regions.
Nigeria's long-run growth performance has been extremely poor. Between 1960 and 2000, real income per capita grew at only 0.43 percent per year. The situation improved between 2001 and 2006 when real per capita Gross Domestic Product (GDP) grew at an average annual rate of 4.2 percent. This paper demonstrates that the superior growth performance during 2001-06 is largely attributable to the impact of better leadership and economic policy making. The improved performance of the economy after 2003 arose from implementing a comprehensive economic reform program focusing on four main areas: macroeconomic reform; structural reform; governance and institutional reform; and public sector reform. The reforms, backstopped by improved oil revenue management, monetary policy implementation, and debt management, improved overall macroeconomic policy making. This resulted in real GDP growth averaging 7.1 percent per year between 2003 and 2006, an inflation rate of 10 percent in 2006, foreign exchange reserves of US$45 billion in 2006, and total external debt of only US$5 billion in 2006. Clearly, between 1960 and 2000, Nigeria's policy choices were poor, and the reforms that sought to correct them were plagued by inconsistencies, policy reversals, and lack of coherence. In contrast, due to good leadership, the reforms adopted in 2003 were consistent and have been implemented in a coherent manner.
The Czech authorities invited the World Bank to provide an independent evaluation of the Government's draft plan for the merger of the Tax and Customs Administrations, and with an eye on the eventual integration of the collection of social contributions into a newly created revenue authority. In Volume I of this report, we present a preliminary examination of the Government's draft plan for tax and customs merger. Volume II does a preliminary assessment of the issues relating to integrating collection of social contributions within the tax administration.The assessment of the Government's plan in this report is intended to assist the Government in taking a more informed decision on this issue based on lessons learned from international experience. Integration and fundamental reforms are complex processes and require adequate time, financial resources and careful management of the change process itself in order to be successful. In the report, we have pointed out the key challenges and risks and how these can be overcome. We have flagged the major issues that the Government must consider, and highlighted the challenges that the Government must be aware of when designing the establishment of a modern, unified revenue administration. We have recommended a medium term strategy that will take into consideration the key issues and concerns.
AN ANALYSIS OF TRANSLATING THE ADDRESSING TERMS IN PRAMOEDYA ANANTA TOER'S THIS EARTH OF MANKIND Azimatul Fauziah English Literature, Faculty of Languages and Arts, State University of Surabaya azimatul13@gmail.com Dian Rivia Himmawati, SS, M.Hum. English Language and Literature Department, Faculty of Languages and Arts, State University of Surabaya dianrivia@gmail.com ABSTRAK Studi ini focus pada penerjemahan sapaan dalam Bumi Manusia sebagai bahasa sumber dan This Earth of Mankind sebagai bahasa sasaran. Penelitian ini bertujuan untuk mengetahui pengaruh dari kekuasaan dan solidaritas dalam penerjemahan sapaan dan mengetahui faktor yang menyebabkan ketakterjemahan dalam menerjemahkan sapaan. Metode deskriptif kualitatif, teori penerjemahan (House; 2009), hubungan antar kata , kata ganti orang yang memiliki kekuasaan dan solidaritas (Brown and Gilman; 1960), dan register kategori Halliday digunakan untuk menganalisa data. Hasil analisa menunjukan bahwa ada tiga macam sapaan di This Earth of Mankind, sapaan dalam bahasa Belanda, Melayu, dan Jawa. Beberapa sapaan dari bahasa yang berbeda memiliki makna yang sepadan dan penerjemah menerjemahkannya dengan istilah yang sama dengan menggunakan 'denotative equivalence' dan pragmatic equivalence. Penerjemah gagal memahami bahwa penulis membedakan sapaan untuk penjajah dan jajahan, keluarga bangsawan dan masyarakat umum, hubungan formal dan keakraban. Masalah penerjemahan sapaan terjadi ketika sapaan tersebut memiliki konsep khusus yang berhubungan dengan budaya tertentu namun tidak memiliki istilah padanan dalam bahasa sasaran dan karena sistem tatabahasa yang berbeda. Oleh karena itu, penerjemah menggunakan dua pandangan yang berbeda untuk menerjemahkan sapaan. pandangan yang pertama terpusat pada bahasa sumber sedangkan pandangan yang kedua terpusat pada proses penafsiran penerjemah. Hal tersebut membuat terjemahan menjadi sangat berbeda jika dilihat dari mode (cara), field (bidang), dan tenor (tujuan). Kata Kunci: penerjemahan, sapaan, padanan, budaya, kekuasaan ABSTRACT This study focuses on the translation of addressing term in Bumi Manusia as source text and This Earth of Mankind as target text. The purpose of this study is to find out the influence of power and solidarity in translating the addressing terms and find out the factors of untranslatability in translating addressing term. Descriptive qualitative method, translation theory (House; 2009), lexical relation (Kreidler; 1998), pronoun of power and solidarity (Brown and Gilman; 1960), and Hallidayan register categories are applied to analyze the data. The result show that there are three kinds of addressing terms in This Earth of Mankind, Dutch addressing term, Malay addressing term, and Javanese addressing term. Some addressing terms from different language have the same proportional meaning and the translator translated them as the same term and the translator used denotative equivalence and pragmatic equivalence. The translator failed to catch that the author differ the addressing term to show the difference between colonize and colonizer, aristocrat family and common people, intimacy relation and formal relation. The problem of translating addressing terms appeared when the special concept of addressing term related to particular culture do not have any equivalence term in target text and the different of grammatical system. Therefore, it makes the translator use double perspective in translating the addressing term. The first focuses on the source text while the other focus on the process of interpretation by the translator. It made the result of the translation become really different from the original seen from register categories: mode, field, and tenor. Keywords: translation, addressing term, equivalence, culture, dan power INTRODUCTION Bumi Manusia is one of the greatest works of Pramoedya Ananta Toer who was frequently discussed as Indonesia's and Southeast Asia's best candidate for a Nobel Prize in Literature. Terms of addressee plays important role in Bumi Manusia because it indicates the social status of someone. There are three kinds of addressing terms based on ethnicity in this novel. They are Dutch addressing term, Malay addressing term, and Javanese addressing term. Oyetade (as quoted in Chu-Cing Hsu; 2) defines terms of addresseeas words or linguistic expression which speakers use to designate the person being talked to while talk is in progress or which writers use to address the recipient in written communication. Moreover, Braun (1988:7) explains that the actual use and the function of addressing terms depands on the stucture of language, on the speaker's intention and on the address relationship between two interlocutors, as well as on the occasion of the occurrence. Juliane House (2009: 4) defined translation as a process of replacing a text in one language by text in another language. He also explained that translating is not only a linguistic act but it is also an act of communication across culture. Translating terms of addressee from Indonesian into English is not easy because they have different pronominal form. In translating addressing term, the translator should notice on the detail. Words can only be understood when it is considered together with the cultural context. So, in translating addressing term, it is not only replacing the word to another language but creating the same meaning and atmosphere as similar as the original text. Moreover, the addressing terms in Bumi Manusia are closely related to power. Braun and Gilman defined Power as ability to control behavior over another. They also said that power is a relationship between at least two persons, and it is nonreciprocal in the sense that both can not have the same power in the same area of behavior (1960: 254). People who have power will be addressed differently from common people. Power is associated with high social status and it reflects respect and honor. So, people from high social status will be addressed in polite way to show a great reverence. To translate a text as similar as the source text, it is needed to see whether the source text is equivalent to target text or not. House defined equivalence as how similarity of message or function is interpreted (2009: 29). There are many types of equivalence and it depends on the perspective that the translator used. It is possible to use denotative equivalence that use 'real world' referents to which the text relates. Also, the translator could use other equivalence such as pragmatic equivalence which focuses to fulfill its communicative function for the recipients. This study tries to discuss the factors of untranslatability in translating addressing term. There are two research questions for this study, (1) How does the translator translate the Indonesian addressing terms in Toer's Bumi Manusia into English version, This Earth of Mankind? (2) What is the influence of power and solidarity toward the choices of addressing terms in Toer's Bumi Manusia? This study tries to describe about the method of the translator in translating addressing term and know the influence of power and solidarity in translating the addressing term. This study only focuses on translating the addressing terms that have any equivalence problems in their translation and do not pay attention to grammar or another linguistic aspect. This study tries to describe about the process of young learner with visual learning style acquire language and know the relationships between personality and learning style. This study is not only focusing in linguistics but also covering learning activities and psychology area but it is not for learning strategy. Several theories are becoming main cores of this study, such as translation theory of House, lexical relation of Kreidler and Brown and Gilman in pronoun of power and solidarity. . RESEARCH METHOD This study uses descriptive-qualitative in getting and describing about the translating addressing terms phenomena in This Earth of Mankind. This study needs to be explained by words not by numbers or statistics, because this study is stressing on translation aspect and its relationship with culture. Bodgan and Biklen (1984:5) defined the qualitative approach as a research procedure which produces a descriptive data such as verbal or nonverbal utterances or words from the object being observed. The data for this study are utterances. There are two sources of data used in this study. Those data are Toer's Bumi Manusia as source text that was written by Pramoedya Ananta Toer and This Earth of Mankind as target text that was translated by Max Lane. Observation is used to analyze this research. Observation includes collection of the data that is needed by the researcher without manipulating. Sugiyono(2010, p. 146) adds that observation is done by the researcher about what the researcher wants to observe in the research. To observe this research, internet access and taking a note are needed by the researcher as the basic instrument. There were three steps to analyze the data. They were data reduction, data display and conclusion and verification. The researcher sorted the data by choosing the addressing terms that had problem with equivalence. Then, she displayed the data in table. Conclusion and verification became the last step of the data analysis process. In this case, the data had been displayed and discussed before were concluded. The conclusion was the answer of the problems existing supported by some theories related (Sugiyono, 2010, p. 345). To answer the first question, the researcher used lexical relation of Kreidler in his book introducing English semantic and translation theory by Machali. Then, in answering the research question number two, the researcher used pronoun of power and solidarity by Brown and Gilman, translation theory by Nababan and House, then collaborate with Hallidayan register categories of field, mode and tenor. ANNALYSIS AND DISCUSSION There are two analyses in this section. The first is the analysis of the method that was used by translator to translate addressing terms. The second is the analysis of relation between power and solidarity toward the addressing terms. In translating terms of addressees, the translator should find the equivalence between the source text and the target text. House (2009: 29) defines equivalence as a similar message and fulfills a similar function. The writer noticed that the translator use some different patterns. The first pattern, the translator tried to find out the literal or denotative equivalence which use 'real world' as referents for source text to target text. The second pattern, the translator used the original addressing terms from the source text and provided glossary for informing the meaning of the addressing terms in the end of the novel. The last, the translator changed the addressing terms to different addressing terms as the adaptation to the context of target language. After analyzing the method that was used by translator to translate addressing terms, the research used the following table to sum up the result: Table 1 The Comparison of Addressing Terms in Bumi Manusia and This Earth of Mankind No Original Translation Procedure Problem 1. Juffrouw Miss Literal translation Different in context 2. Noni Miss Literal translation Different in context 3. Noni Noni Annotation Inconsistent 4. Mevrouw Mrs/Madam/ Ma'am Literal translation Different in context 5. Mevrouw Miss Free translation Different in meaning 6. Tuanmuda Young master Literal translation Different in context 7. Tuanmuda Master Literal translation Inconsistent 8. Tuan Sir/Mr. Literal translation Different in context 9. Tuan Tuan Annotation Inconsistent 10. Tuan You/he Free translation Different in function 11. Tuan-tuan Tuans Free translation Different in meaning 12. Ndoro Master Literal translation Different in context 13. Ndoro Ndoro Annotation Inconsistent 14. Sahaya I Literal translation Different in context 15. Sahaya Your servant Free translation Different in meaning 16. Meneer Mr. Literal translation Different in context 17. Papa Father Literal translation Different in context 18 Kowe You Literal translation Different in context 19. Nak Child Literal translation Different in context 20. Nyai Nyai Annotation - 21. Nyai-nyai Nyais Free translation Different in meaning 22. Gus Gus Annotation - 23. Sinyo Sinyo Annotation - 24. Mas Mas Annotation - 25. Abang Your friend Free translation Different in meaning 26. Man Man Free translation Different in context 27. Mr Mr. Free translation Different in meaning As shown from the table above, Malay dominated the addressing terms because Malay is neutral language that can be used by Javanese and Dutch in their daily conversations. Noni, Tuanmuda, Tuan, Ayah, Ayahanda, Sahaya, Nak, Sinyo, and Abang are addressing terms that belong to Malay addressing terms. These terms are more common because Malay is widely used in all Dutch East Indies. In the other hand, there were some Javanese addressing terms such as Nyai, Ndoro, Kowe, Gus, Mas, and Man that were used in particular occasions or refer to particular people. Similar to Javanese addressing terms, Dutch addressing terms are only used for certain people. Juffrouw, Mevrouw, Meneer, and Meester are Ducth addressing terms that only used to call Dutch people. There are three patterns in translating addressing terms. In the first pattern, the translator used denotative equivalence which only focused on the meaning of the terms. Machali (2000) stated that as a method, literal translation considers as the most important translation procedure because the basic of literal translation is in clause or sentence level. However, translating addressing terms include and reflect the culture of the society because the addressing terms that were used by the characters determine their background whether their status or ethnicity. Even the words in source text have the same denotation with target text, they do not always have the same connotation. The translator used two different procedures in translating the addressing terms for the first pattern. The first procedure is lexical translation which is used to translate Tuanmuda, Tuan, Papa, Ayah, Ayahanda, Sahaya, Aku, Kowe, and Nak. Some of the terms are not appropriate because there is the difference of interpersonal perspective. The second procedure is adaptation. The translator attempted to make the addressing terms familiar in target text. The terms Juffrouw, Mevrouw, Meneer, Ndoro, and Noni are special concepts that were used in Dutch colonial era. The translation text could be understood by the reader of the target text, but the reader can not catch the essence that those terms are particular addressing terms for certain groups. So, even the words of source text have denotative equivalence in target text, but they are not suitable for the context of source text. In the second pattern, the translator did not change the addressing terms because the terms, Noni, Nyai, Ndoro, Gus, Sinyo, and Mas are special concept of source text that do not have any equivalence word in target text. The translator used annotation to translate because he persisted to use the original terms and gave glossary to explain the meaning of the term. The writer noticed that the translator is understand that the addressing terms have important role to distinguish the identity of the characters, but he only highlighted Javanese addressing terms. The concept of thing in Dutch and English are almost similar because they are in the same language family. So, the translator was easy to find out the lexical equivalence from Ducth terms to English terms. However, the concept of some words such as Noni, Sinyo, and Nyai are especially used in colonial era, so it is difficult to find out the equivalence in target text. Ndoro, Gus, and Mas are terms from Javanese culture who really emphasis in status and familiarity while English only differ for formal or informal situation. Unfortunately, the translator used inconsistent translation procedures for one term. For instance, the term Noni is translated as Miss by using lexical translation and the translator also used annotation in other text so that he did not change the addressing terms. These conditions would make the reader confuse and would make wrong interpretation that Miss and Noni are different. The last pattern showed that the translator change the form of the addressing terms. The translator used free style translation. The translator missed to understand the language system of source text and target text because he translated Nyai-Nyai as Nyais and Tuan-Tuan as Tuans. Nyai and Tuan are not English term, so the plural form of Nyai and Tuan are not necessarily Nyais or Tuans because it is unclear whether Nyai and Tuan are countable or uncountable noun. Accountability concept is universal concept that can be understood by all people and can be expressed through lexical structure in all language, but not all languages have grammatical category for number and not all languages apply the same concept for number. The second analysis is relation between power and solidarity toward the addressing using T and V because in previous part, there are many translations of addressing term that are not appropriate to the context of the novel. The ways of people in choosing the addressing terms are really related to the culture that exist in their society. The culture of society consists of everything that everybody has to know or believe in order to operate manner that acceptable for its member. In Javanese society, especially in the past, the kingdom applied feudal system. This system force lower class people to respect much to people who have more power. Gilman (1960; 252) defined Power as a relationship between at least two persons and it is nonreciprocal because both can not have the same authority. There are many forms of power such as physical strength, wealth, age, sex, institutionalized role in the state, the army, or within the family. The relations called older than, richer than, stronger than, employer of, richer than and nobler then are all asymmetrical. If A is older than B, B is not older than A. The relation called "more powerful than". The pronoun usage expressing this power relation is also asymmetrical or nonreciprocal, with the greater receiving V and the lesser T. Pronoun form of T and V were used by some European countries to differ between 'singular you' tu (T) and 'plural you' vos (V). Now, T and V are used as symbols; the T form is often described as the familiar form and the V form as the polite one. The superior will say T to the inferior and receives V, and vice versa. T and V approach also could be used to indicate solidarity. The T form is usually used by people who stand in the same position. It reflects symmetrical relation; for instance: attended the same school or have the same parents or practice in the same profession. The T of solidarity can be produced by frequency of contact as well as by objective similarities. The dimension of solidarity is potentially appropriate to all persons addressed. Power superiors may be solidarity (parents, elder siblings) or not solidarity (officials whom one seldom sees). Reciprocal T usage was always available to show intimacy. The following part would discuss the power of characters and its influence among the other characters and the writer used T and V form to analyze them. To sum up the relation of power and solidarity through the addressing term that were chosen by the characters in Bumi Manusia, the writer summarized them into a table. The table would illustrate the addressing terms, the interlocutors, the relation between interlocutors, and the function of the addressing terms. Table 2 The T and V form of Addressing Terms in Bumi Manusia No Addressing Term Interlocutor Relation Function 1 Juffrouw Java – Dutch Dutch- Indo nonreciprocal nonreciprocal Respecting respecting 2 Noni Java – Indo nonreciprocal Respecting 3 Mevrouw Java – Dutch Dutch -Dutch Indo – Indo nonreciprocal reciprocal reciprocal Respecting showing intimacy respecting 4 Nyai Java – Java Dutch - Java reciprocal nonreciprocal Respecting respecting 5 Tuanmuda Dutch – Java Java - Java nonreciprocal nonreciprocal Respecting respecting 6 Tuan Java - Java Java – Dutch nonreciprocal nonreciprocal Respecting respecting 7 Ndoro Java – Dutch Java – Java nonreciprocal nonreciprocal Respecting respecting 8 Meneer Java – Dutch nonreciprocal Respecting 9 Mama Ann – Nyai Minke – Nyai nonreciprocal nonreciprocal showing intimacy showing intimacy 10 Papa Indo – western nonreciprocal showing intimacy 11 Aku Java - Java Java – Dutch reciprocal nonreciprocal showing intimacy showing intimacy 12 Sahaya Java – Java nonreciprocal showing intimacy 13 Kowe Dutch – Java nonreciprocal Disrespecting 14 Nak Java – Java nonreciprocal showing intimacy 15 Gus Java – Java nonreciprocal showing intimacy 16 Sinyo Java –Indo Java – Java nonreciprocal nonreciprocal Respecting respecting 17 Abang Indo - Indo Java – Java nonreciprocal nonreciprocal Respecting showing intimacy 18 Mas Indo – Java reciprocal showing intimacy 19 Man Dutch – Java nonreciprocal Disrespecting 20 Mr (Meester) Java – Dutch nonreciprocal Respecting The table above shows that there are three functions of addressing terms, respecting, disrespecting, and showing intimacy. From the data above, the relations of the interlocutors are mostly nonreciprocal, so it shows that social status is very important in colonial era because the nonreciprocal relations illustrate the difference power between addressor and addressee. In many nonreciprocal cases, the higher social status will get V form from the addressors to show their respect and say T form because they are not stand in the same position as the addressee. Except respecting, nonreciprocal relation is also used to show disrespect. The addressing terms that are used to disregard are especially designed for lower class by upper class or have bad connotation. In contrast, to show intimacy, the relations of the interlocutors are sometimes reciprocal or nonreciprocal. The dimension of solidarity is little bit different from power, because even the interlocutors are not stand in the same position they can use intimate addressing terms because their relations are close. DISCUSSION After analyzing the translation of addressing terms from the source text to target text, now the writer discusses the result of the analysis. Comparison of Original and Translation The research compares the field, tenor, and mode of Bumi Manusia and This Earth of Mankind. The concept of field, tenor, and mode are sociolinguistic dimensions of context of situation jointly characterizing a particular register. House (2009; 33) stated that the original and its translation should have an equivalent function whenever possible. He also said that text and context of situation are indeed separated, but the two interact with each other through inextricable connection between the social environment and the functional organization of language. Before analyzing the register, it is needed to analyze the genre first. House (2009; 35) explained that genre connect an individual text with the larger cultural context of the linguistic and cultural community in which the text is embedded. The genre of Bumi Manusia is historical fiction but it is based on the reality. It included to historical story because the setting illustrated the situation of Indonesia in the late of nineteenth century. The author used particular time and places that make the story as if it was real. The story happened in 1890's, when the national movement had been begun by native to fight against colonizer through non-violence way. Field The first dimension of register is field. Holmes (2009; 34) explained that field captures the subject matter or topic. It describes what the text is about and what kinds of thing are in text. The text was about Minke's life. It describe Minke's journey who is a naïve boy at first to be a mature person. In that process, Minke should face many problems dealing not only with himself but also his society and the colonizer. The complexities of Minke's problem include the conflict of social judgments, hierarchy system, and racial conflict. The description of this story is not so much as historical text but an attractive, easily readable story. Evidence for this is the use of Malay language in telling the story rather than Javanese or Dutch. Malay was language of interracial communication which was used by many people weather Native or Eurasian. However, there were many terms that are not Malay, but they were only used as addressing term. The choice of particular addressing term in Bumi Manusia shows the style of speaking and the purpose of the speaker, indeed the social status. Mevrouw, Juffrouw, Meester, and Meneer are some addressing terms that were borrowed from Dutch language, while Mas, Ndoro, Gus, Mas and Man are some addressing terms that were borrowed from Javanese language. The used of various addressing terms has function as the mark of power and solidarity. As seen in table 4.1.3 (see page 102) there are three functions of addressing terms, respecting, disrespecting, and showing intimacy. From that data, the relations of the interlocutors are mostly nonreciprocal, so it shows that social status is very important in colonial era because the nonreciprocal relations illustrate the difference power between addressor and addressee. The feudal and colonial system forced people to respect everyone who have more power. Geertz (1960: 282) explained that it is nearly impossible for language that applied etiquette system to say anything without indicating the social relationship between the speaker and the listener in terms of status and familiarity. In many nonreciprocal cases, the higher social status will get V form from the addressors to show their respect and say T form because they are not stand in the same position as the addressee. Juffrouw, Noni, Mevrouw, Nyai, Tuanmuda, Tuan, Ndoro, Menner, Sahaya, Sinyo, Abang, and Meester are addressing terms to show respect. The translation appears to be generally and decrease its local color because the absence of Dutch addressing terms as the marker of Dutch colonial. Even the translation of Dutch addressing terms have the same function to respect the addressee, the translation can not replace the emotion and the feeling of the original. Except respecting, nonreciprocal relation is also used to show disrespect. The addressing terms that are used to disregard are especially designed for lower class by upper class or have bad connotation. For instance, Kowe is addressing term that was used by Dutch people to express disrespect toward Javanese. The translation of Kowe, you, can not express the same function as the original because this term is neutral addressing term. In contrast, to show intimacy, the relations of the interlocutors are sometimes reciprocal or nonreciprocal. The dimension of solidarity is little bit different from power. Even the interlocutors were not stand in the same position they can use intimate addressing terms because their relations are close. In Bumi Manusia, the relations of the people who used intimate addressing terms such as Mama, Papa, Gus, Abang, and Nak were nonreciprocal. Gus, Abang and Nak were used by older people to younger people. In Javanese, age is one of the main distinctions of nonreciprocal relation. The older people do not need to use polite form, but in this case Gus, Abang and Nak are polite addressing term that indicated close relationship between older and younger people. The translation of Abang (your friend) and Nak (child) can not full fill the same function as the intimate sign like the original did. Tenor House (2009; 34) stated that tenor refers to the nature of the participants, the author and his or her addressee, the relationship between them in terms of social power and familiarity, the author's intellectual and affective position, that is, his or her personal viewpoint. The author was an Indonesian author of novels, short stories, essays, polemic and histories of his homeland and its people. The author seemed to be very aware of the conditions of his story. He attempted to create colonial atmosphere as same as the reality. The choice of the addressing terms included Dutch, Malay, and Javanese was the evident. By differing the addressing terms based on the ethnicity and social status, the author would like to inform the reader the 'reality' in the past. He wanted to show that there were social distance between poor and rich, also Javanese as the colony and Dutch as the colonizer. He persisted to use Dutch addressing terms rather than change it into Malay to create colonial atmosphere because at that time Dutch people make their language as exclusive language. The translator also tried to create colonial atmosphere by using Java and Malay addressing term that do not have equivalent in English. However, instead of using Dutch term as the author did, the translator change the addressing terms into English. Dutch and English are still in the same language family, so there are many terms of English and Dutch that have the same meaning. Mevrouw, Juffrouw, Meneer, and Meester are Dutch terms. Except Meester, they are denotatively equivalent. Mevrouw could be translated as Mrs, Juffrouw as Miss, and Meneer as Mr. They have the same referents in the real world, so it makes them denotatively equivalents. Although, the translator failed to capture that Dutch addressing term has special function as imperial impression. Ashcroft (2002; 7) stated that one of main features of imperial oppression is control over language. Dutch people, at that time, not only controlled for social, politic, and economic aspects but also controlled the language. They limit the used of their language for themselves and their offspring to marginalize their colonies. The translator did not catch the author's aim that he wanted to show the great distance between Dutch and Javanese people. Instead of giving the Dutch colonial atmosphere, the translator gave mental image of British colonialism because the special terms that implicate Dutch colonialism had been translated in English terms. Based on the table in 4.1 (see page 3), most addressing term translation dealt with cultural context. This problem arose because the translation and the original can not make the same psychological understanding for the readers. In addition, the translator used inconsistent term in his translations that primarily make the reader confused. Mode House (2009; 34) defined Mode as a channel of communication. Equivalence in dimension of mode relates to the means whereby the communication is performed. In Bumi Manusia, there were some addressing terms that have different meaning than the lexical meaning because of the feeling of the speaker. Kowe actually is common addressing terms in Javanese society to address someone who is younger or have closed relation, but when it is used by Dutch people the function is changed from showing intimacy become disrespecting. When the Dutch people used Kowe in Bumi Manusia novel, the character always used it in high tension. However, the reader will not catch that Kowe has negative connotation directly because the translation term, you, is neutral addressing terms. The communication purpose of the term Kowe cannot easily catch. So, the irritation of the character could not be understood by the reader. As seen from the mode, field, and tenor analyses above, it show that the original and the translation are not equivalence. The genre of the translation in translating addressing term is not so much as the original because some translation of the addressing terms can not reveal the atmosphere of Dutch colonial that become the main point in this equivalence problem. Equivalence Problem in Translating Addressing Terms in Bumi Manusia The analysis of register categories above clearly showed that the original and translation are not equal. Equivalence of source text and target has limited area because not all of the equivalence approaches can achieved all translation cases. The main factor that made the addressing in source text do not have suitable equivalence in target text is the special concept of Dutch colonial and Javanese culture. Nababan (1999: 99) said that the concept of source text can reveal a concept that is not well known in the target text. Some addressing terms from source text that has special concept are difficult to have their equivalence in target text because of the cultural concept of addressing term from Dutch and Javanese like Juffrouw, Noni, Mevrouw, Nyai, Ndoro, Meneer, Gus, Sinyo, Mas, Man, and Meester. Those terms can not easily be transferred to target text because those terms are created by certain condition in particular communities. Some of those terms, Juffrouw, Noni, Mevrouw, Ndoro, and Meneer have the same denotation with the translation term, but the original and translation addressing term have different connotation that make them share different interpretation. The special concept that can not be replaced in target text lead to others related problem. The special concept of particular culture make the language concept of source text is not available in target text. Nababan (1999: 99) explained that the words of source text could be understand and recognized in target text but the target text does not have a term that can reveal the concept from source text. In this case, the term Sahaya and Kowe in source text have different concept from Aku and Kau. The target text do not differ the first and second singular pronoun that make the translation of Sahaya and Kowe have different function from source text. Even the concept of Sahaya and Kowe could be understand in the target text, but the term that have the same meaning and connotation with those term are not available. So, the translator used 'I' and 'you' in a pinch to replace Sahaya and Kowe even 'I' and 'you' also used to translate Aku and Kau. The complexities of Javanese community that apply speech level also direct the translation to the equivalence problem because it makes difference of interpersonal perspective. Nababan (1999: 03) argued that interpersonal perspective is related to the relation of the participants in a text. In a language that really concern to etiquette like Javanese, Geertz stated that it is impossible to address someone without pay attention to the status of the addressee. Etiquette system force the people to create different term for one concept, so the participant can easily choose the right term to address someone that suitable for both the addressor and the addressee. For instance, in Bumi Manusia there are three different addressing terms to call male parent, Papa, Ayah and Ayahanda. The use of those addressing term could reflect the social status of the addressor and the addressee. Papa is used in western family who live Dutch East Indies, Ayah is used in middle-low family, while Ayahanda is used in Javanese aristocrat family. This difference of Papa, Ayah and Ayahanda can not be seen in the translation because the translator translated them as 'father'. The other problem of equivalence that appears because of the particular culture of the two languages is the difference of expressive meaning. According to Nababan (1999: 103) the words in source text and target text have the same proportional meaning but often they are different in expressive meaning. There are many addressing terms that have the same proportional meaning but they are different in expressive meaning because Malay terms differentiate the addressing terms based on the relationship and the social status. The term Nak has the same proportional meaning with child, but they are used in different intention. Nak is for showing intimacy but child dispose to create formal atmosphere rather than familiarity. Both terms have the same proportional meaning but they express different purpose and connotation. The different perspective toward a concept will also lead the translation to equivalence problem (Nababan, 1999: 101). Furthermore, it is also the effect of special concept in source text. The term Man in Javanese context at that time was used to address Javanese adult male from middle-low status. In the translation text, the term Man translated as man because English does not distinguish the term man for rich or poor people. In the other hand, the translator also missed to capture the perspective of the character in choosing particular term when he translated Abang. The proportional meaning of Abang is addressing term to call elder brother but it could be used to call man or boy who is elder than the addressee. The translator translated Abangmu as your friend but from Nyai Ontosoroh's point of view, she used Abangmu to make Annelies felt comfort and consider Minke as her own son. Changing the term Abangmu as your friend would lead the reader to different understanding because it seems that Nyai Ontosoroh treat Minke as only her guest. The other factor except special concept of Dutch colonial and Javanese culture is the difference in grammatical system. Nababan (1999; 108) stated that grammatical equivalence focuses to the similar concept of source text and target text at the level of number, gender, person, tense, and aspect. In translating the addressing term, the problem appeared when source language and target language have different grammatical system. The term Nyai-Nyai became Nyais or Tuan-Tuan became Tuans is not equivalence because both term are Malay term. Malay and English apply different method to change the singular concept to be plural. The translator used free style translation and he missed to understand the language system of source text and target text because he translated Nyai-Nyai as Nyais and Tuan-Tuan as Tuans. Nyai and Tuan are not English term, so the plural form of Nyai and Tuan are not necessarily Nyais or Tuans because it is unclear whether Nyai and Tuan are countable or uncountable noun. Accountability concept is universal concept that can be understood by all people and can be expressed through lexical structure in all language, but not all languages have grammatical category for number and not all languages apply the same concept for number. Therefore, the translator should observe carefully whether one concept of a language could be applied to another language or not. The reader of the target text would feel unfamiliar because in some text, the translator used Nyai and Tuan for singular form, but after that those terms became Nyais and Tuans, whereas the reader could have another understanding rather than think that those terms are plural form because they never know the terms Nyais and Tuans before. Double Perspective in Translating Bumi Manusia Constructing the effective translation is one of the purposes of translation. Nababan (1999:88) stated that there are two main factors that determine the effectiveness of the translation. The first is dimension of linguistic and knowledge. Straight (as quoted in Nababan, 1999) said that fruitfulness in conveying the message depends on the knowledge about the context of culture and the language system of source language and target language. In this case, the translator failed to capture that addressing term play important role because it reflects etiquette culture of Javanese and Dutch colonial culture in Dutch East Indies. The second factor is purpose dimension. Nababan (1999, 87) stated that the translator should decide the purpose of the translation. Further, he explained that the purpose should meet this criteria; fruitful to the original, use translation style that appropriate to source text, use suitable equivalence, and the readability level of translation fitted to the source text. However, the analysis in the previous part show that the translation of addressing terms dealt with many equivalence problems and shared different function and connotation from the original that make the translation become unreadable and confusing for the reader. Both dimensions above can not be reached by the translator because he used more than one perspective in translating the addressing terms. Before translating a text, a translator had to analyze the source text to understand the content of the text. Then, the translator chose the approach that is suitable for source text. From the data in the table in 4.1 (see page 3), the writer found some addressing terms that have many equivalent problems. The translator may use more than one procedure in translating addressing terms because the procedure of translation is for sentences or smaller linguistics units as clause, phrase, word, etc. However, before determining the procedure, the translator should choose the perspective or method that he wants to apply in translating the source text. The method that the translator used will be a framework that guides the translator to translate the text in a line. The writer noticed that the translator used double perspectives that make his translation contradictory. In translating addressing terms such as Noni, Ndoro, Nyai, Tuan, Tuanmuda, Papa, Gus, Sinyo, and Mas, the translator used perspective that was focus on the original text. House (2009: 15) explained that a focus on the (original) texts mean analyzing it, and systematically linking its form and functions in order to reveal the original author's motivated choices. The translator considered the reason of the author in choosing addressing terms and tried to find out the closest equivalence in target text, even for some addressing terms do not have any equivalence that make the translator insisted to use the original term. In contrast, the translator also used perspective that focus on the process of interpretation. House (2009: 20) defined this perspective as the translator way to builds up an individual mental representation of its meaning. House added that the reconstitution of the 'the meaning' of a text to fit another language and context is not the central point. It is dealing more with the invention of the translator then discovery of what is already exist in a text. Therefore, when the translator used this perspective to translate some addressing terms such as Juffrouw, Noni, Mevrouw, Nyai-Nyai, Tuan-Tuan, Nak, Abang, Man, etc the translation become very different from the context in source text. This perspective also leads the translator to make confusing translation because the translation for one term becomes inconsistent. Moreover some addressing terms have different meaning and connotation from the source text. In translating a text, translator should use only one perspective to make the synchronized translation. Double translation would lead the translator to different way in translating addressing term because one perspective deal with different point of view to another perspective. In Bumi Manusia case, it is much better for the translator to only apply the perspective that focus on the source text since the background of the original can not be easily transferred to target text. Moreover, if the translator was consistent to use one perspective, he would not make ambiguity translation. By understanding the whole context of the story that include ecology, technology, material culture, social organization, myth, and linguistic system of source text, the translator would have better perceptive to make good translation that fruitful to the original but it is still readable for the target reader. CONCLUSION This study is conducted to describe how the phenomenon of translating addressing terms is rolled out in BumiManusia and This Earth of Mankind. The conclusion of this study is formulated based on the statement of problems. Some translation theory based on several authors (House; 2009; Machali 2000; and Nababan; 1999): translation perspective, equivalence in translation, equivalence problem, and register categories of field, mode, and tenor are combined to the theory of addressing term (Wardaugh; 2006), pronouns of power and solidarity (Brown and Gilman; 1960) and lexical relation (Kreidler; 1998) to identify how the translator translated the addressing terms and the relation of the addressing terms toward the cultural context. Then, the writer comes to a conclusion that: The T and V approach also showed that power and solidarity become the main consideration for the characters in choosing addressing terms, so that the characters used different addressing terms depend on the status of the addressee and the relation among the characters. The translator used three patterns in translating addressing terms. In the first pattern, the translator used literal translation to translate Juffrouw, Noni, Mevrouw, Tuanmuda, Tuan, Ndoro, Meener, Papa, Ayah, Ayahanda, Sahaya, Aku, Kowe, and Nak. In second pattern, the translator used original terms, Noni, Nyai, Ndoro, Gus, Sinyo, and Mas in the target text. The last pattern is changing the addressing terms such as Nyai-Nyai, Tuan, Sahaya, Abang, Man, and Meester since the adaptation of target text. From the patterns above, it was found that the translator was inconsistent to translate some addressing terms because he translated one term used some different procedure that make the meaning of the addressing terms contradictory. Also he did not pay attention to the culture and the context that involve in addressing terms so he only did linguistic translation without concerning to the cultural influences. The main factor that lead untranslatability of translating Bumi Manusia's addressing terms is special concept of Javanese culture and Dutch colonial system that make the addressing terms can not be easily transferred to target. The difference of grammatical system of source language and target language also lead the translator to get difficulties in finding suitable equivalence for the addressing terms. Therefore the translator used double perspective to solve the equivalence problems. As a result double perspective that was expected to solve the problem instead made a larger problem because the translation of addressing terms become untranslatability and unreadable. SUGGESTION Addressing terms is general phenomenon which occurs in daily life. But, the analysis of translating addressing terms is still rarely discussed whereas linguistics and its branches is basically concerning with the use of language. From this study, the future researchers are suggested to be more interested in enlarging their knowledge dealing with applied linguistics, especially translating addressing terms which concerns with how translating addressing terms based on cultural context. Equally important, it is suggested for the readers to pay attention in choosing addressing terms based on the condition and the status of the addressee because the wrong addressing terms choices will make the addressee feel insulted or annoyed REFERENCES Ananta Toer, Pramoedya. 2011. Bumi Manusia. Jakarta: Lentera Dipantara. Ananta Toer, Pramoedya. 1996. This Earth of Mankind. New York: Penguin books Ltd. Ashcroft, Bill and Griffiths, Gareth. 2002. The Empire Writes Back – Theory and practice in post-colonial literatures. New York and London: Routledge Taylor & Francis Group. Bogdan, Robert. C and Sari Knopp Biklen. 1982. Qualitative Research for Education: an Introduction to Theory and Methods.Allyn and Bacon. Inc. USA Brown, R., Gilman, A. 1960. The pronouns of Power and Solidarity. Thomas A. Sebeok, eds. Style in Language. Cambridge-Massachusetts: The Technology Press of Massachusetts Institute of Technology, 252-275. Geertz, Clifford. 1960. Linguistic Etiquette. Thomas A. Sebeok, eds. Style in Language. Cambridge-Massachusetts: The Technology Press of Massachusetts Institute of Technology, 282-295 Holmes, Janet. 1992. An Inroduction to Sociolinguistics. London and New York: Longman Group. Hornby, A. S. (Ed.) 1948. Advanced Learner's Dictionary (7th ed.). Oxford: Oxford University Press. House, Juliane. 2009. Translation. Oxford: Oxford University Press. Machali, R. .2000. Pedoman Bagi Penerjemah. Jakarta: Grasindo. Nababan, R. 1999. Teori Menerjemah Bahasa Inggris. Yogyakarta: PustakaPelajar Pramoedya Ananta Toer. Retrieved on June 25, 2013 from site: http://en.wikipedia.org/wiki/Pramoedya_Ananta_Toer Rothschild, Metthew. Interview with Pramoedya Ananta Toer. The Progressive Magazine. Retrieved on June 26, 2013 from site: http://www.progressive.org/mag_intv1099 Sugiyono. 2010. MetodePenelitianKuantitatif R & D. Bandung: Alfabeta. Wardhaugh, Ronald. 2006. An Introduction to Sociolinguistic.Oxford: Blackwell Publishing Widyastuti, Susana. Componential Analysis of Meaning: Theory and Applications. Online journal. Retrieved on June 25, 2013 from site: http://eprints.uny.ac.id/1174 W. Kreidler, Charles. 1998. Introducing English Semantic. London: Routledge.
AN ANALYSIS OF TRANSLATING THE ADDRESSING TERMS IN PRAMOEDYA ANANTA TOER'S THIS EARTH OF MANKIND Azimatul Fauziah English Literature, Faculty of Languages and Arts, State University of Surabaya azimatul13@gmail.com Dian Rivia Himmawati, SS, M.Hum. English Language and Literature Department, Faculty of Languages and Arts, State University of Surabaya dianrivia@gmail.com ABSTRAK Studi ini focus pada penerjemahan sapaan dalam Bumi Manusia sebagai bahasa sumber dan This Earth of Mankind sebagai bahasa sasaran. Penelitian ini bertujuan untuk mengetahui pengaruh dari kekuasaan dan solidaritas dalam penerjemahan sapaan dan mengetahui faktor yang menyebabkan ketakterjemahan dalam menerjemahkan sapaan. Metode deskriptif kualitatif, teori penerjemahan (House; 2009), hubungan antar kata , kata ganti orang yang memiliki kekuasaan dan solidaritas (Brown and Gilman; 1960), dan register kategori Halliday digunakan untuk menganalisa data. Hasil analisa menunjukan bahwa ada tiga macam sapaan di This Earth of Mankind, sapaan dalam bahasa Belanda, Melayu, dan Jawa. Beberapa sapaan dari bahasa yang berbeda memiliki makna yang sepadan dan penerjemah menerjemahkannya dengan istilah yang sama dengan menggunakan 'denotative equivalence' dan pragmatic equivalence. Penerjemah gagal memahami bahwa penulis membedakan sapaan untuk penjajah dan jajahan, keluarga bangsawan dan masyarakat umum, hubungan formal dan keakraban. Masalah penerjemahan sapaan terjadi ketika sapaan tersebut memiliki konsep khusus yang berhubungan dengan budaya tertentu namun tidak memiliki istilah padanan dalam bahasa sasaran dan karena sistem tatabahasa yang berbeda. Oleh karena itu, penerjemah menggunakan dua pandangan yang berbeda untuk menerjemahkan sapaan. pandangan yang pertama terpusat pada bahasa sumber sedangkan pandangan yang kedua terpusat pada proses penafsiran penerjemah. Hal tersebut membuat terjemahan menjadi sangat berbeda jika dilihat dari mode (cara), field (bidang), dan tenor (tujuan). Kata Kunci: penerjemahan, sapaan, padanan, budaya, kekuasaan ABSTRACT This study focuses on the translation of addressing term in Bumi Manusia as source text and This Earth of Mankind as target text. The purpose of this study is to find out the influence of power and solidarity in translating the addressing terms and find out the factors of untranslatability in translating addressing term. Descriptive qualitative method, translation theory (House; 2009), lexical relation (Kreidler; 1998), pronoun of power and solidarity (Brown and Gilman; 1960), and Hallidayan register categories are applied to analyze the data. The result show that there are three kinds of addressing terms in This Earth of Mankind, Dutch addressing term, Malay addressing term, and Javanese addressing term. Some addressing terms from different language have the same proportional meaning and the translator translated them as the same term and the translator used denotative equivalence and pragmatic equivalence. The translator failed to catch that the author differ the addressing term to show the difference between colonize and colonizer, aristocrat family and common people, intimacy relation and formal relation. The problem of translating addressing terms appeared when the special concept of addressing term related to particular culture do not have any equivalence term in target text and the different of grammatical system. Therefore, it makes the translator use double perspective in translating the addressing term. The first focuses on the source text while the other focus on the process of interpretation by the translator. It made the result of the translation become really different from the original seen from register categories: mode, field, and tenor. Keywords: translation, addressing term, equivalence, culture, dan power INTRODUCTION Bumi Manusia is one of the greatest works of Pramoedya Ananta Toer who was frequently discussed as Indonesia's and Southeast Asia's best candidate for a Nobel Prize in Literature. Terms of addressee plays important role in Bumi Manusia because it indicates the social status of someone. There are three kinds of addressing terms based on ethnicity in this novel. They are Dutch addressing term, Malay addressing term, and Javanese addressing term. Oyetade (as quoted in Chu-Cing Hsu; 2) defines terms of addresseeas words or linguistic expression which speakers use to designate the person being talked to while talk is in progress or which writers use to address the recipient in written communication. Moreover, Braun (1988:7) explains that the actual use and the function of addressing terms depands on the stucture of language, on the speaker's intention and on the address relationship between two interlocutors, as well as on the occasion of the occurrence. Juliane House (2009: 4) defined translation as a process of replacing a text in one language by text in another language. He also explained that translating is not only a linguistic act but it is also an act of communication across culture. Translating terms of addressee from Indonesian into English is not easy because they have different pronominal form. In translating addressing term, the translator should notice on the detail. Words can only be understood when it is considered together with the cultural context. So, in translating addressing term, it is not only replacing the word to another language but creating the same meaning and atmosphere as similar as the original text. Moreover, the addressing terms in Bumi Manusia are closely related to power. Braun and Gilman defined Power as ability to control behavior over another. They also said that power is a relationship between at least two persons, and it is nonreciprocal in the sense that both can not have the same power in the same area of behavior (1960: 254). People who have power will be addressed differently from common people. Power is associated with high social status and it reflects respect and honor. So, people from high social status will be addressed in polite way to show a great reverence. To translate a text as similar as the source text, it is needed to see whether the source text is equivalent to target text or not. House defined equivalence as how similarity of message or function is interpreted (2009: 29). There are many types of equivalence and it depends on the perspective that the translator used. It is possible to use denotative equivalence that use 'real world' referents to which the text relates. Also, the translator could use other equivalence such as pragmatic equivalence which focuses to fulfill its communicative function for the recipients. This study tries to discuss the factors of untranslatability in translating addressing term. There are two research questions for this study, (1) How does the translator translate the Indonesian addressing terms in Toer's Bumi Manusia into English version, This Earth of Mankind? (2) What is the influence of power and solidarity toward the choices of addressing terms in Toer's Bumi Manusia? This study tries to describe about the method of the translator in translating addressing term and know the influence of power and solidarity in translating the addressing term. This study only focuses on translating the addressing terms that have any equivalence problems in their translation and do not pay attention to grammar or another linguistic aspect. This study tries to describe about the process of young learner with visual learning style acquire language and know the relationships between personality and learning style. This study is not only focusing in linguistics but also covering learning activities and psychology area but it is not for learning strategy. Several theories are becoming main cores of this study, such as translation theory of House, lexical relation of Kreidler and Brown and Gilman in pronoun of power and solidarity. . RESEARCH METHOD This study uses descriptive-qualitative in getting and describing about the translating addressing terms phenomena in This Earth of Mankind. This study needs to be explained by words not by numbers or statistics, because this study is stressing on translation aspect and its relationship with culture. Bodgan and Biklen (1984:5) defined the qualitative approach as a research procedure which produces a descriptive data such as verbal or nonverbal utterances or words from the object being observed. The data for this study are utterances. There are two sources of data used in this study. Those data are Toer's Bumi Manusia as source text that was written by Pramoedya Ananta Toer and This Earth of Mankind as target text that was translated by Max Lane. Observation is used to analyze this research. Observation includes collection of the data that is needed by the researcher without manipulating. Sugiyono(2010, p. 146) adds that observation is done by the researcher about what the researcher wants to observe in the research. To observe this research, internet access and taking a note are needed by the researcher as the basic instrument. There were three steps to analyze the data. They were data reduction, data display and conclusion and verification. The researcher sorted the data by choosing the addressing terms that had problem with equivalence. Then, she displayed the data in table. Conclusion and verification became the last step of the data analysis process. In this case, the data had been displayed and discussed before were concluded. The conclusion was the answer of the problems existing supported by some theories related (Sugiyono, 2010, p. 345). To answer the first question, the researcher used lexical relation of Kreidler in his book introducing English semantic and translation theory by Machali. Then, in answering the research question number two, the researcher used pronoun of power and solidarity by Brown and Gilman, translation theory by Nababan and House, then collaborate with Hallidayan register categories of field, mode and tenor. ANNALYSIS AND DISCUSSION There are two analyses in this section. The first is the analysis of the method that was used by translator to translate addressing terms. The second is the analysis of relation between power and solidarity toward the addressing terms. In translating terms of addressees, the translator should find the equivalence between the source text and the target text. House (2009: 29) defines equivalence as a similar message and fulfills a similar function. The writer noticed that the translator use some different patterns. The first pattern, the translator tried to find out the literal or denotative equivalence which use 'real world' as referents for source text to target text. The second pattern, the translator used the original addressing terms from the source text and provided glossary for informing the meaning of the addressing terms in the end of the novel. The last, the translator changed the addressing terms to different addressing terms as the adaptation to the context of target language. After analyzing the method that was used by translator to translate addressing terms, the research used the following table to sum up the result: Table 1 The Comparison of Addressing Terms in Bumi Manusia and This Earth of Mankind No Original Translation Procedure Problem 1. Juffrouw Miss Literal translation Different in context 2. Noni Miss Literal translation Different in context 3. Noni Noni Annotation Inconsistent 4. Mevrouw Mrs/Madam/ Ma'am Literal translation Different in context 5. Mevrouw Miss Free translation Different in meaning 6. Tuanmuda Young master Literal translation Different in context 7. Tuanmuda Master Literal translation Inconsistent 8. Tuan Sir/Mr. Literal translation Different in context 9. Tuan Tuan Annotation Inconsistent 10. Tuan You/he Free translation Different in function 11. Tuan-tuan Tuans Free translation Different in meaning 12. Ndoro Master Literal translation Different in context 13. Ndoro Ndoro Annotation Inconsistent 14. Sahaya I Literal translation Different in context 15. Sahaya Your servant Free translation Different in meaning 16. Meneer Mr. Literal translation Different in context 17. Papa Father Literal translation Different in context 18 Kowe You Literal translation Different in context 19. Nak Child Literal translation Different in context 20. Nyai Nyai Annotation - 21. Nyai-nyai Nyais Free translation Different in meaning 22. Gus Gus Annotation - 23. Sinyo Sinyo Annotation - 24. Mas Mas Annotation - 25. Abang Your friend Free translation Different in meaning 26. Man Man Free translation Different in context 27. Mr Mr. Free translation Different in meaning As shown from the table above, Malay dominated the addressing terms because Malay is neutral language that can be used by Javanese and Dutch in their daily conversations. Noni, Tuanmuda, Tuan, Ayah, Ayahanda, Sahaya, Nak, Sinyo, and Abang are addressing terms that belong to Malay addressing terms. These terms are more common because Malay is widely used in all Dutch East Indies. In the other hand, there were some Javanese addressing terms such as Nyai, Ndoro, Kowe, Gus, Mas, and Man that were used in particular occasions or refer to particular people. Similar to Javanese addressing terms, Dutch addressing terms are only used for certain people. Juffrouw, Mevrouw, Meneer, and Meester are Ducth addressing terms that only used to call Dutch people. There are three patterns in translating addressing terms. In the first pattern, the translator used denotative equivalence which only focused on the meaning of the terms. Machali (2000) stated that as a method, literal translation considers as the most important translation procedure because the basic of literal translation is in clause or sentence level. However, translating addressing terms include and reflect the culture of the society because the addressing terms that were used by the characters determine their background whether their status or ethnicity. Even the words in source text have the same denotation with target text, they do not always have the same connotation. The translator used two different procedures in translating the addressing terms for the first pattern. The first procedure is lexical translation which is used to translate Tuanmuda, Tuan, Papa, Ayah, Ayahanda, Sahaya, Aku, Kowe, and Nak. Some of the terms are not appropriate because there is the difference of interpersonal perspective. The second procedure is adaptation. The translator attempted to make the addressing terms familiar in target text. The terms Juffrouw, Mevrouw, Meneer, Ndoro, and Noni are special concepts that were used in Dutch colonial era. The translation text could be understood by the reader of the target text, but the reader can not catch the essence that those terms are particular addressing terms for certain groups. So, even the words of source text have denotative equivalence in target text, but they are not suitable for the context of source text. In the second pattern, the translator did not change the addressing terms because the terms, Noni, Nyai, Ndoro, Gus, Sinyo, and Mas are special concept of source text that do not have any equivalence word in target text. The translator used annotation to translate because he persisted to use the original terms and gave glossary to explain the meaning of the term. The writer noticed that the translator is understand that the addressing terms have important role to distinguish the identity of the characters, but he only highlighted Javanese addressing terms. The concept of thing in Dutch and English are almost similar because they are in the same language family. So, the translator was easy to find out the lexical equivalence from Ducth terms to English terms. However, the concept of some words such as Noni, Sinyo, and Nyai are especially used in colonial era, so it is difficult to find out the equivalence in target text. Ndoro, Gus, and Mas are terms from Javanese culture who really emphasis in status and familiarity while English only differ for formal or informal situation. Unfortunately, the translator used inconsistent translation procedures for one term. For instance, the term Noni is translated as Miss by using lexical translation and the translator also used annotation in other text so that he did not change the addressing terms. These conditions would make the reader confuse and would make wrong interpretation that Miss and Noni are different. The last pattern showed that the translator change the form of the addressing terms. The translator used free style translation. The translator missed to understand the language system of source text and target text because he translated Nyai-Nyai as Nyais and Tuan-Tuan as Tuans. Nyai and Tuan are not English term, so the plural form of Nyai and Tuan are not necessarily Nyais or Tuans because it is unclear whether Nyai and Tuan are countable or uncountable noun. Accountability concept is universal concept that can be understood by all people and can be expressed through lexical structure in all language, but not all languages have grammatical category for number and not all languages apply the same concept for number. The second analysis is relation between power and solidarity toward the addressing using T and V because in previous part, there are many translations of addressing term that are not appropriate to the context of the novel. The ways of people in choosing the addressing terms are really related to the culture that exist in their society. The culture of society consists of everything that everybody has to know or believe in order to operate manner that acceptable for its member. In Javanese society, especially in the past, the kingdom applied feudal system. This system force lower class people to respect much to people who have more power. Gilman (1960; 252) defined Power as a relationship between at least two persons and it is nonreciprocal because both can not have the same authority. There are many forms of power such as physical strength, wealth, age, sex, institutionalized role in the state, the army, or within the family. The relations called older than, richer than, stronger than, employer of, richer than and nobler then are all asymmetrical. If A is older than B, B is not older than A. The relation called "more powerful than". The pronoun usage expressing this power relation is also asymmetrical or nonreciprocal, with the greater receiving V and the lesser T. Pronoun form of T and V were used by some European countries to differ between 'singular you' tu (T) and 'plural you' vos (V). Now, T and V are used as symbols; the T form is often described as the familiar form and the V form as the polite one. The superior will say T to the inferior and receives V, and vice versa. T and V approach also could be used to indicate solidarity. The T form is usually used by people who stand in the same position. It reflects symmetrical relation; for instance: attended the same school or have the same parents or practice in the same profession. The T of solidarity can be produced by frequency of contact as well as by objective similarities. The dimension of solidarity is potentially appropriate to all persons addressed. Power superiors may be solidarity (parents, elder siblings) or not solidarity (officials whom one seldom sees). Reciprocal T usage was always available to show intimacy. The following part would discuss the power of characters and its influence among the other characters and the writer used T and V form to analyze them. To sum up the relation of power and solidarity through the addressing term that were chosen by the characters in Bumi Manusia, the writer summarized them into a table. The table would illustrate the addressing terms, the interlocutors, the relation between interlocutors, and the function of the addressing terms. Table 2 The T and V form of Addressing Terms in Bumi Manusia No Addressing Term Interlocutor Relation Function 1 Juffrouw Java – Dutch Dutch- Indo nonreciprocal nonreciprocal Respecting respecting 2 Noni Java – Indo nonreciprocal Respecting 3 Mevrouw Java – Dutch Dutch -Dutch Indo – Indo nonreciprocal reciprocal reciprocal Respecting showing intimacy respecting 4 Nyai Java – Java Dutch - Java reciprocal nonreciprocal Respecting respecting 5 Tuanmuda Dutch – Java Java - Java nonreciprocal nonreciprocal Respecting respecting 6 Tuan Java - Java Java – Dutch nonreciprocal nonreciprocal Respecting respecting 7 Ndoro Java – Dutch Java – Java nonreciprocal nonreciprocal Respecting respecting 8 Meneer Java – Dutch nonreciprocal Respecting 9 Mama Ann – Nyai Minke – Nyai nonreciprocal nonreciprocal showing intimacy showing intimacy 10 Papa Indo – western nonreciprocal showing intimacy 11 Aku Java - Java Java – Dutch reciprocal nonreciprocal showing intimacy showing intimacy 12 Sahaya Java – Java nonreciprocal showing intimacy 13 Kowe Dutch – Java nonreciprocal Disrespecting 14 Nak Java – Java nonreciprocal showing intimacy 15 Gus Java – Java nonreciprocal showing intimacy 16 Sinyo Java –Indo Java – Java nonreciprocal nonreciprocal Respecting respecting 17 Abang Indo - Indo Java – Java nonreciprocal nonreciprocal Respecting showing intimacy 18 Mas Indo – Java reciprocal showing intimacy 19 Man Dutch – Java nonreciprocal Disrespecting 20 Mr (Meester) Java – Dutch nonreciprocal Respecting The table above shows that there are three functions of addressing terms, respecting, disrespecting, and showing intimacy. From the data above, the relations of the interlocutors are mostly nonreciprocal, so it shows that social status is very important in colonial era because the nonreciprocal relations illustrate the difference power between addressor and addressee. In many nonreciprocal cases, the higher social status will get V form from the addressors to show their respect and say T form because they are not stand in the same position as the addressee. Except respecting, nonreciprocal relation is also used to show disrespect. The addressing terms that are used to disregard are especially designed for lower class by upper class or have bad connotation. In contrast, to show intimacy, the relations of the interlocutors are sometimes reciprocal or nonreciprocal. The dimension of solidarity is little bit different from power, because even the interlocutors are not stand in the same position they can use intimate addressing terms because their relations are close. DISCUSSION After analyzing the translation of addressing terms from the source text to target text, now the writer discusses the result of the analysis. Comparison of Original and Translation The research compares the field, tenor, and mode of Bumi Manusia and This Earth of Mankind. The concept of field, tenor, and mode are sociolinguistic dimensions of context of situation jointly characterizing a particular register. House (2009; 33) stated that the original and its translation should have an equivalent function whenever possible. He also said that text and context of situation are indeed separated, but the two interact with each other through inextricable connection between the social environment and the functional organization of language. Before analyzing the register, it is needed to analyze the genre first. House (2009; 35) explained that genre connect an individual text with the larger cultural context of the linguistic and cultural community in which the text is embedded. The genre of Bumi Manusia is historical fiction but it is based on the reality. It included to historical story because the setting illustrated the situation of Indonesia in the late of nineteenth century. The author used particular time and places that make the story as if it was real. The story happened in 1890's, when the national movement had been begun by native to fight against colonizer through non-violence way. Field The first dimension of register is field. Holmes (2009; 34) explained that field captures the subject matter or topic. It describes what the text is about and what kinds of thing are in text. The text was about Minke's life. It describe Minke's journey who is a naïve boy at first to be a mature person. In that process, Minke should face many problems dealing not only with himself but also his society and the colonizer. The complexities of Minke's problem include the conflict of social judgments, hierarchy system, and racial conflict. The description of this story is not so much as historical text but an attractive, easily readable story. Evidence for this is the use of Malay language in telling the story rather than Javanese or Dutch. Malay was language of interracial communication which was used by many people weather Native or Eurasian. However, there were many terms that are not Malay, but they were only used as addressing term. The choice of particular addressing term in Bumi Manusia shows the style of speaking and the purpose of the speaker, indeed the social status. Mevrouw, Juffrouw, Meester, and Meneer are some addressing terms that were borrowed from Dutch language, while Mas, Ndoro, Gus, Mas and Man are some addressing terms that were borrowed from Javanese language. The used of various addressing terms has function as the mark of power and solidarity. As seen in table 4.1.3 (see page 102) there are three functions of addressing terms, respecting, disrespecting, and showing intimacy. From that data, the relations of the interlocutors are mostly nonreciprocal, so it shows that social status is very important in colonial era because the nonreciprocal relations illustrate the difference power between addressor and addressee. The feudal and colonial system forced people to respect everyone who have more power. Geertz (1960: 282) explained that it is nearly impossible for language that applied etiquette system to say anything without indicating the social relationship between the speaker and the listener in terms of status and familiarity. In many nonreciprocal cases, the higher social status will get V form from the addressors to show their respect and say T form because they are not stand in the same position as the addressee. Juffrouw, Noni, Mevrouw, Nyai, Tuanmuda, Tuan, Ndoro, Menner, Sahaya, Sinyo, Abang, and Meester are addressing terms to show respect. The translation appears to be generally and decrease its local color because the absence of Dutch addressing terms as the marker of Dutch colonial. Even the translation of Dutch addressing terms have the same function to respect the addressee, the translation can not replace the emotion and the feeling of the original. Except respecting, nonreciprocal relation is also used to show disrespect. The addressing terms that are used to disregard are especially designed for lower class by upper class or have bad connotation. For instance, Kowe is addressing term that was used by Dutch people to express disrespect toward Javanese. The translation of Kowe, you, can not express the same function as the original because this term is neutral addressing term. In contrast, to show intimacy, the relations of the interlocutors are sometimes reciprocal or nonreciprocal. The dimension of solidarity is little bit different from power. Even the interlocutors were not stand in the same position they can use intimate addressing terms because their relations are close. In Bumi Manusia, the relations of the people who used intimate addressing terms such as Mama, Papa, Gus, Abang, and Nak were nonreciprocal. Gus, Abang and Nak were used by older people to younger people. In Javanese, age is one of the main distinctions of nonreciprocal relation. The older people do not need to use polite form, but in this case Gus, Abang and Nak are polite addressing term that indicated close relationship between older and younger people. The translation of Abang (your friend) and Nak (child) can not full fill the same function as the intimate sign like the original did. Tenor House (2009; 34) stated that tenor refers to the nature of the participants, the author and his or her addressee, the relationship between them in terms of social power and familiarity, the author's intellectual and affective position, that is, his or her personal viewpoint. The author was an Indonesian author of novels, short stories, essays, polemic and histories of his homeland and its people. The author seemed to be very aware of the conditions of his story. He attempted to create colonial atmosphere as same as the reality. The choice of the addressing terms included Dutch, Malay, and Javanese was the evident. By differing the addressing terms based on the ethnicity and social status, the author would like to inform the reader the 'reality' in the past. He wanted to show that there were social distance between poor and rich, also Javanese as the colony and Dutch as the colonizer. He persisted to use Dutch addressing terms rather than change it into Malay to create colonial atmosphere because at that time Dutch people make their language as exclusive language. The translator also tried to create colonial atmosphere by using Java and Malay addressing term that do not have equivalent in English. However, instead of using Dutch term as the author did, the translator change the addressing terms into English. Dutch and English are still in the same language family, so there are many terms of English and Dutch that have the same meaning. Mevrouw, Juffrouw, Meneer, and Meester are Dutch terms. Except Meester, they are denotatively equivalent. Mevrouw could be translated as Mrs, Juffrouw as Miss, and Meneer as Mr. They have the same referents in the real world, so it makes them denotatively equivalents. Although, the translator failed to capture that Dutch addressing term has special function as imperial impression. Ashcroft (2002; 7) stated that one of main features of imperial oppression is control over language. Dutch people, at that time, not only controlled for social, politic, and economic aspects but also controlled the language. They limit the used of their language for themselves and their offspring to marginalize their colonies. The translator did not catch the author's aim that he wanted to show the great distance between Dutch and Javanese people. Instead of giving the Dutch colonial atmosphere, the translator gave mental image of British colonialism because the special terms that implicate Dutch colonialism had been translated in English terms. Based on the table in 4.1 (see page 3), most addressing term translation dealt with cultural context. This problem arose because the translation and the original can not make the same psychological understanding for the readers. In addition, the translator used inconsistent term in his translations that primarily make the reader confused. Mode House (2009; 34) defined Mode as a channel of communication. Equivalence in dimension of mode relates to the means whereby the communication is performed. In Bumi Manusia, there were some addressing terms that have different meaning than the lexical meaning because of the feeling of the speaker. Kowe actually is common addressing terms in Javanese society to address someone who is younger or have closed relation, but when it is used by Dutch people the function is changed from showing intimacy become disrespecting. When the Dutch people used Kowe in Bumi Manusia novel, the character always used it in high tension. However, the reader will not catch that Kowe has negative connotation directly because the translation term, you, is neutral addressing terms. The communication purpose of the term Kowe cannot easily catch. So, the irritation of the character could not be understood by the reader. As seen from the mode, field, and tenor analyses above, it show that the original and the translation are not equivalence. The genre of the translation in translating addressing term is not so much as the original because some translation of the addressing terms can not reveal the atmosphere of Dutch colonial that become the main point in this equivalence problem. Equivalence Problem in Translating Addressing Terms in Bumi Manusia The analysis of register categories above clearly showed that the original and translation are not equal. Equivalence of source text and target has limited area because not all of the equivalence approaches can achieved all translation cases. The main factor that made the addressing in source text do not have suitable equivalence in target text is the special concept of Dutch colonial and Javanese culture. Nababan (1999: 99) said that the concept of source text can reveal a concept that is not well known in the target text. Some addressing terms from source text that has special concept are difficult to have their equivalence in target text because of the cultural concept of addressing term from Dutch and Javanese like Juffrouw, Noni, Mevrouw, Nyai, Ndoro, Meneer, Gus, Sinyo, Mas, Man, and Meester. Those terms can not easily be transferred to target text because those terms are created by certain condition in particular communities. Some of those terms, Juffrouw, Noni, Mevrouw, Ndoro, and Meneer have the same denotation with the translation term, but the original and translation addressing term have different connotation that make them share different interpretation. The special concept that can not be replaced in target text lead to others related problem. The special concept of particular culture make the language concept of source text is not available in target text. Nababan (1999: 99) explained that the words of source text could be understand and recognized in target text but the target text does not have a term that can reveal the concept from source text. In this case, the term Sahaya and Kowe in source text have different concept from Aku and Kau. The target text do not differ the first and second singular pronoun that make the translation of Sahaya and Kowe have different function from source text. Even the concept of Sahaya and Kowe could be understand in the target text, but the term that have the same meaning and connotation with those term are not available. So, the translator used 'I' and 'you' in a pinch to replace Sahaya and Kowe even 'I' and 'you' also used to translate Aku and Kau. The complexities of Javanese community that apply speech level also direct the translation to the equivalence problem because it makes difference of interpersonal perspective. Nababan (1999: 03) argued that interpersonal perspective is related to the relation of the participants in a text. In a language that really concern to etiquette like Javanese, Geertz stated that it is impossible to address someone without pay attention to the status of the addressee. Etiquette system force the people to create different term for one concept, so the participant can easily choose the right term to address someone that suitable for both the addressor and the addressee. For instance, in Bumi Manusia there are three different addressing terms to call male parent, Papa, Ayah and Ayahanda. The use of those addressing term could reflect the social status of the addressor and the addressee. Papa is used in western family who live Dutch East Indies, Ayah is used in middle-low family, while Ayahanda is used in Javanese aristocrat family. This difference of Papa, Ayah and Ayahanda can not be seen in the translation because the translator translated them as 'father'. The other problem of equivalence that appears because of the particular culture of the two languages is the difference of expressive meaning. According to Nababan (1999: 103) the words in source text and target text have the same proportional meaning but often they are different in expressive meaning. There are many addressing terms that have the same proportional meaning but they are different in expressive meaning because Malay terms differentiate the addressing terms based on the relationship and the social status. The term Nak has the same proportional meaning with child, but they are used in different intention. Nak is for showing intimacy but child dispose to create formal atmosphere rather than familiarity. Both terms have the same proportional meaning but they express different purpose and connotation. The different perspective toward a concept will also lead the translation to equivalence problem (Nababan, 1999: 101). Furthermore, it is also the effect of special concept in source text. The term Man in Javanese context at that time was used to address Javanese adult male from middle-low status. In the translation text, the term Man translated as man because English does not distinguish the term man for rich or poor people. In the other hand, the translator also missed to capture the perspective of the character in choosing particular term when he translated Abang. The proportional meaning of Abang is addressing term to call elder brother but it could be used to call man or boy who is elder than the addressee. The translator translated Abangmu as your friend but from Nyai Ontosoroh's point of view, she used Abangmu to make Annelies felt comfort and consider Minke as her own son. Changing the term Abangmu as your friend would lead the reader to different understanding because it seems that Nyai Ontosoroh treat Minke as only her guest. The other factor except special concept of Dutch colonial and Javanese culture is the difference in grammatical system. Nababan (1999; 108) stated that grammatical equivalence focuses to the similar concept of source text and target text at the level of number, gender, person, tense, and aspect. In translating the addressing term, the problem appeared when source language and target language have different grammatical system. The term Nyai-Nyai became Nyais or Tuan-Tuan became Tuans is not equivalence because both term are Malay term. Malay and English apply different method to change the singular concept to be plural. The translator used free style translation and he missed to understand the language system of source text and target text because he translated Nyai-Nyai as Nyais and Tuan-Tuan as Tuans. Nyai and Tuan are not English term, so the plural form of Nyai and Tuan are not necessarily Nyais or Tuans because it is unclear whether Nyai and Tuan are countable or uncountable noun. Accountability concept is universal concept that can be understood by all people and can be expressed through lexical structure in all language, but not all languages have grammatical category for number and not all languages apply the same concept for number. Therefore, the translator should observe carefully whether one concept of a language could be applied to another language or not. The reader of the target text would feel unfamiliar because in some text, the translator used Nyai and Tuan for singular form, but after that those terms became Nyais and Tuans, whereas the reader could have another understanding rather than think that those terms are plural form because they never know the terms Nyais and Tuans before. Double Perspective in Translating Bumi Manusia Constructing the effective translation is one of the purposes of translation. Nababan (1999:88) stated that there are two main factors that determine the effectiveness of the translation. The first is dimension of linguistic and knowledge. Straight (as quoted in Nababan, 1999) said that fruitfulness in conveying the message depends on the knowledge about the context of culture and the language system of source language and target language. In this case, the translator failed to capture that addressing term play important role because it reflects etiquette culture of Javanese and Dutch colonial culture in Dutch East Indies. The second factor is purpose dimension. Nababan (1999, 87) stated that the translator should decide the purpose of the translation. Further, he explained that the purpose should meet this criteria; fruitful to the original, use translation style that appropriate to source text, use suitable equivalence, and the readability level of translation fitted to the source text. However, the analysis in the previous part show that the translation of addressing terms dealt with many equivalence problems and shared different function and connotation from the original that make the translation become unreadable and confusing for the reader. Both dimensions above can not be reached by the translator because he used more than one perspective in translating the addressing terms. Before translating a text, a translator had to analyze the source text to understand the content of the text. Then, the translator chose the approach that is suitable for source text. From the data in the table in 4.1 (see page 3), the writer found some addressing terms that have many equivalent problems. The translator may use more than one procedure in translating addressing terms because the procedure of translation is for sentences or smaller linguistics units as clause, phrase, word, etc. However, before determining the procedure, the translator should choose the perspective or method that he wants to apply in translating the source text. The method that the translator used will be a framework that guides the translator to translate the text in a line. The writer noticed that the translator used double perspectives that make his translation contradictory. In translating addressing terms such as Noni, Ndoro, Nyai, Tuan, Tuanmuda, Papa, Gus, Sinyo, and Mas, the translator used perspective that was focus on the original text. House (2009: 15) explained that a focus on the (original) texts mean analyzing it, and systematically linking its form and functions in order to reveal the original author's motivated choices. The translator considered the reason of the author in choosing addressing terms and tried to find out the closest equivalence in target text, even for some addressing terms do not have any equivalence that make the translator insisted to use the original term. In contrast, the translator also used perspective that focus on the process of interpretation. House (2009: 20) defined this perspective as the translator way to builds up an individual mental representation of its meaning. House added that the reconstitution of the 'the meaning' of a text to fit another language and context is not the central point. It is dealing more with the invention of the translator then discovery of what is already exist in a text. Therefore, when the translator used this perspective to translate some addressing terms such as Juffrouw, Noni, Mevrouw, Nyai-Nyai, Tuan-Tuan, Nak, Abang, Man, etc the translation become very different from the context in source text. This perspective also leads the translator to make confusing translation because the translation for one term becomes inconsistent. Moreover some addressing terms have different meaning and connotation from the source text. In translating a text, translator should use only one perspective to make the synchronized translation. Double translation would lead the translator to different way in translating addressing term because one perspective deal with different point of view to another perspective. In Bumi Manusia case, it is much better for the translator to only apply the perspective that focus on the source text since the background of the original can not be easily transferred to target text. Moreover, if the translator was consistent to use one perspective, he would not make ambiguity translation. By understanding the whole context of the story that include ecology, technology, material culture, social organization, myth, and linguistic system of source text, the translator would have better perceptive to make good translation that fruitful to the original but it is still readable for the target reader. CONCLUSION This study is conducted to describe how the phenomenon of translating addressing terms is rolled out in BumiManusia and This Earth of Mankind. The conclusion of this study is formulated based on the statement of problems. Some translation theory based on several authors (House; 2009; Machali 2000; and Nababan; 1999): translation perspective, equivalence in translation, equivalence problem, and register categories of field, mode, and tenor are combined to the theory of addressing term (Wardaugh; 2006), pronouns of power and solidarity (Brown and Gilman; 1960) and lexical relation (Kreidler; 1998) to identify how the translator translated the addressing terms and the relation of the addressing terms toward the cultural context. Then, the writer comes to a conclusion that: The T and V approach also showed that power and solidarity become the main consideration for the characters in choosing addressing terms, so that the characters used different addressing terms depend on the status of the addressee and the relation among the characters. The translator used three patterns in translating addressing terms. In the first pattern, the translator used literal translation to translate Juffrouw, Noni, Mevrouw, Tuanmuda, Tuan, Ndoro, Meener, Papa, Ayah, Ayahanda, Sahaya, Aku, Kowe, and Nak. In second pattern, the translator used original terms, Noni, Nyai, Ndoro, Gus, Sinyo, and Mas in the target text. The last pattern is changing the addressing terms such as Nyai-Nyai, Tuan, Sahaya, Abang, Man, and Meester since the adaptation of target text. From the patterns above, it was found that the translator was inconsistent to translate some addressing terms because he translated one term used some different procedure that make the meaning of the addressing terms contradictory. Also he did not pay attention to the culture and the context that involve in addressing terms so he only did linguistic translation without concerning to the cultural influences. The main factor that lead untranslatability of translating Bumi Manusia's addressing terms is special concept of Javanese culture and Dutch colonial system that make the addressing terms can not be easily transferred to target. The difference of grammatical system of source language and target language also lead the translator to get difficulties in finding suitable equivalence for the addressing terms. Therefore the translator used double perspective to solve the equivalence problems. As a result double perspective that was expected to solve the problem instead made a larger problem because the translation of addressing terms become untranslatability and unreadable. SUGGESTION Addressing terms is general phenomenon which occurs in daily life. But, the analysis of translating addressing terms is still rarely discussed whereas linguistics and its branches is basically concerning with the use of language. From this study, the future researchers are suggested to be more interested in enlarging their knowledge dealing with applied linguistics, especially translating addressing terms which concerns with how translating addressing terms based on cultural context. Equally important, it is suggested for the readers to pay attention in choosing addressing terms based on the condition and the status of the addressee because the wrong addressing terms choices will make the addressee feel insulted or annoyed REFERENCES Ananta Toer, Pramoedya. 2011. Bumi Manusia. Jakarta: Lentera Dipantara. Ananta Toer, Pramoedya. 1996. This Earth of Mankind. New York: Penguin books Ltd. Ashcroft, Bill and Griffiths, Gareth. 2002. The Empire Writes Back – Theory and practice in post-colonial literatures. New York and London: Routledge Taylor & Francis Group. Bogdan, Robert. C and Sari Knopp Biklen. 1982. Qualitative Research for Education: an Introduction to Theory and Methods.Allyn and Bacon. Inc. 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AN ANALYSIS OF TRANSLATING THE ADDRESSING TERMS IN PRAMOEDYA ANANTA TOER'S THIS EARTH OF MANKIND Azimatul Fauziah English Literature, Faculty of Languages and Arts, State University of Surabaya azimatul13@gmail.com Dian Rivia Himmawati, SS, M.Hum. English Language and Literature Department, Faculty of Languages and Arts, State University of Surabaya dianrivia@gmail.com ABSTRAK Studi ini focus pada penerjemahan sapaan dalam Bumi Manusia sebagai bahasa sumber dan This Earth of Mankind sebagai bahasa sasaran. Penelitian ini bertujuan untuk mengetahui pengaruh dari kekuasaan dan solidaritas dalam penerjemahan sapaan dan mengetahui faktor yang menyebabkan ketakterjemahan dalam menerjemahkan sapaan. Metode deskriptif kualitatif, teori penerjemahan (House; 2009), hubungan antar kata , kata ganti orang yang memiliki kekuasaan dan solidaritas (Brown and Gilman; 1960), dan register kategori Halliday digunakan untuk menganalisa data. Hasil analisa menunjukan bahwa ada tiga macam sapaan di This Earth of Mankind, sapaan dalam bahasa Belanda, Melayu, dan Jawa. Beberapa sapaan dari bahasa yang berbeda memiliki makna yang sepadan dan penerjemah menerjemahkannya dengan istilah yang sama dengan menggunakan 'denotative equivalence' dan pragmatic equivalence. Penerjemah gagal memahami bahwa penulis membedakan sapaan untuk penjajah dan jajahan, keluarga bangsawan dan masyarakat umum, hubungan formal dan keakraban. Masalah penerjemahan sapaan terjadi ketika sapaan tersebut memiliki konsep khusus yang berhubungan dengan budaya tertentu namun tidak memiliki istilah padanan dalam bahasa sasaran dan karena sistem tatabahasa yang berbeda. Oleh karena itu, penerjemah menggunakan dua pandangan yang berbeda untuk menerjemahkan sapaan. pandangan yang pertama terpusat pada bahasa sumber sedangkan pandangan yang kedua terpusat pada proses penafsiran penerjemah. Hal tersebut membuat terjemahan menjadi sangat berbeda jika dilihat dari mode (cara), field (bidang), dan tenor (tujuan). Kata Kunci: penerjemahan, sapaan, padanan, budaya, kekuasaan ABSTRACT This study focuses on the translation of addressing term in Bumi Manusia as source text and This Earth of Mankind as target text. The purpose of this study is to find out the influence of power and solidarity in translating the addressing terms and find out the factors of untranslatability in translating addressing term. Descriptive qualitative method, translation theory (House; 2009), lexical relation (Kreidler; 1998), pronoun of power and solidarity (Brown and Gilman; 1960), and Hallidayan register categories are applied to analyze the data. The result show that there are three kinds of addressing terms in This Earth of Mankind, Dutch addressing term, Malay addressing term, and Javanese addressing term. Some addressing terms from different language have the same proportional meaning and the translator translated them as the same term and the translator used denotative equivalence and pragmatic equivalence. The translator failed to catch that the author differ the addressing term to show the difference between colonize and colonizer, aristocrat family and common people, intimacy relation and formal relation. The problem of translating addressing terms appeared when the special concept of addressing term related to particular culture do not have any equivalence term in target text and the different of grammatical system. Therefore, it makes the translator use double perspective in translating the addressing term. The first focuses on the source text while the other focus on the process of interpretation by the translator. It made the result of the translation become really different from the original seen from register categories: mode, field, and tenor. Keywords: translation, addressing term, equivalence, culture, dan power INTRODUCTION Bumi Manusia is one of the greatest works of Pramoedya Ananta Toer who was frequently discussed as Indonesia's and Southeast Asia's best candidate for a Nobel Prize in Literature. Terms of addressee plays important role in Bumi Manusia because it indicates the social status of someone. There are three kinds of addressing terms based on ethnicity in this novel. They are Dutch addressing term, Malay addressing term, and Javanese addressing term. Oyetade (as quoted in Chu-Cing Hsu; 2) defines terms of addresseeas words or linguistic expression which speakers use to designate the person being talked to while talk is in progress or which writers use to address the recipient in written communication. Moreover, Braun (1988:7) explains that the actual use and the function of addressing terms depands on the stucture of language, on the speaker's intention and on the address relationship between two interlocutors, as well as on the occasion of the occurrence. Juliane House (2009: 4) defined translation as a process of replacing a text in one language by text in another language. He also explained that translating is not only a linguistic act but it is also an act of communication across culture. Translating terms of addressee from Indonesian into English is not easy because they have different pronominal form. In translating addressing term, the translator should notice on the detail. Words can only be understood when it is considered together with the cultural context. So, in translating addressing term, it is not only replacing the word to another language but creating the same meaning and atmosphere as similar as the original text. Moreover, the addressing terms in Bumi Manusia are closely related to power. Braun and Gilman defined Power as ability to control behavior over another. They also said that power is a relationship between at least two persons, and it is nonreciprocal in the sense that both can not have the same power in the same area of behavior (1960: 254). People who have power will be addressed differently from common people. Power is associated with high social status and it reflects respect and honor. So, people from high social status will be addressed in polite way to show a great reverence. To translate a text as similar as the source text, it is needed to see whether the source text is equivalent to target text or not. House defined equivalence as how similarity of message or function is interpreted (2009: 29). There are many types of equivalence and it depends on the perspective that the translator used. It is possible to use denotative equivalence that use 'real world' referents to which the text relates. Also, the translator could use other equivalence such as pragmatic equivalence which focuses to fulfill its communicative function for the recipients. This study tries to discuss the factors of untranslatability in translating addressing term. There are two research questions for this study, (1) How does the translator translate the Indonesian addressing terms in Toer's Bumi Manusia into English version, This Earth of Mankind? (2) What is the influence of power and solidarity toward the choices of addressing terms in Toer's Bumi Manusia? This study tries to describe about the method of the translator in translating addressing term and know the influence of power and solidarity in translating the addressing term. This study only focuses on translating the addressing terms that have any equivalence problems in their translation and do not pay attention to grammar or another linguistic aspect. This study tries to describe about the process of young learner with visual learning style acquire language and know the relationships between personality and learning style. This study is not only focusing in linguistics but also covering learning activities and psychology area but it is not for learning strategy. Several theories are becoming main cores of this study, such as translation theory of House, lexical relation of Kreidler and Brown and Gilman in pronoun of power and solidarity. . RESEARCH METHOD This study uses descriptive-qualitative in getting and describing about the translating addressing terms phenomena in This Earth of Mankind. This study needs to be explained by words not by numbers or statistics, because this study is stressing on translation aspect and its relationship with culture. Bodgan and Biklen (1984:5) defined the qualitative approach as a research procedure which produces a descriptive data such as verbal or nonverbal utterances or words from the object being observed. The data for this study are utterances. There are two sources of data used in this study. Those data are Toer's Bumi Manusia as source text that was written by Pramoedya Ananta Toer and This Earth of Mankind as target text that was translated by Max Lane. Observation is used to analyze this research. Observation includes collection of the data that is needed by the researcher without manipulating. Sugiyono(2010, p. 146) adds that observation is done by the researcher about what the researcher wants to observe in the research. To observe this research, internet access and taking a note are needed by the researcher as the basic instrument. There were three steps to analyze the data. They were data reduction, data display and conclusion and verification. The researcher sorted the data by choosing the addressing terms that had problem with equivalence. Then, she displayed the data in table. Conclusion and verification became the last step of the data analysis process. In this case, the data had been displayed and discussed before were concluded. The conclusion was the answer of the problems existing supported by some theories related (Sugiyono, 2010, p. 345). To answer the first question, the researcher used lexical relation of Kreidler in his book introducing English semantic and translation theory by Machali. Then, in answering the research question number two, the researcher used pronoun of power and solidarity by Brown and Gilman, translation theory by Nababan and House, then collaborate with Hallidayan register categories of field, mode and tenor. ANNALYSIS AND DISCUSSION There are two analyses in this section. The first is the analysis of the method that was used by translator to translate addressing terms. The second is the analysis of relation between power and solidarity toward the addressing terms. In translating terms of addressees, the translator should find the equivalence between the source text and the target text. House (2009: 29) defines equivalence as a similar message and fulfills a similar function. The writer noticed that the translator use some different patterns. The first pattern, the translator tried to find out the literal or denotative equivalence which use 'real world' as referents for source text to target text. The second pattern, the translator used the original addressing terms from the source text and provided glossary for informing the meaning of the addressing terms in the end of the novel. The last, the translator changed the addressing terms to different addressing terms as the adaptation to the context of target language. After analyzing the method that was used by translator to translate addressing terms, the research used the following table to sum up the result: Table 1 The Comparison of Addressing Terms in Bumi Manusia and This Earth of Mankind No Original Translation Procedure Problem 1. Juffrouw Miss Literal translation Different in context 2. Noni Miss Literal translation Different in context 3. Noni Noni Annotation Inconsistent 4. Mevrouw Mrs/Madam/ Ma'am Literal translation Different in context 5. Mevrouw Miss Free translation Different in meaning 6. Tuanmuda Young master Literal translation Different in context 7. Tuanmuda Master Literal translation Inconsistent 8. Tuan Sir/Mr. Literal translation Different in context 9. Tuan Tuan Annotation Inconsistent 10. Tuan You/he Free translation Different in function 11. Tuan-tuan Tuans Free translation Different in meaning 12. Ndoro Master Literal translation Different in context 13. Ndoro Ndoro Annotation Inconsistent 14. Sahaya I Literal translation Different in context 15. Sahaya Your servant Free translation Different in meaning 16. Meneer Mr. Literal translation Different in context 17. Papa Father Literal translation Different in context 18 Kowe You Literal translation Different in context 19. Nak Child Literal translation Different in context 20. Nyai Nyai Annotation - 21. Nyai-nyai Nyais Free translation Different in meaning 22. Gus Gus Annotation - 23. Sinyo Sinyo Annotation - 24. Mas Mas Annotation - 25. Abang Your friend Free translation Different in meaning 26. Man Man Free translation Different in context 27. Mr Mr. Free translation Different in meaning As shown from the table above, Malay dominated the addressing terms because Malay is neutral language that can be used by Javanese and Dutch in their daily conversations. Noni, Tuanmuda, Tuan, Ayah, Ayahanda, Sahaya, Nak, Sinyo, and Abang are addressing terms that belong to Malay addressing terms. These terms are more common because Malay is widely used in all Dutch East Indies. In the other hand, there were some Javanese addressing terms such as Nyai, Ndoro, Kowe, Gus, Mas, and Man that were used in particular occasions or refer to particular people. Similar to Javanese addressing terms, Dutch addressing terms are only used for certain people. Juffrouw, Mevrouw, Meneer, and Meester are Ducth addressing terms that only used to call Dutch people. There are three patterns in translating addressing terms. In the first pattern, the translator used denotative equivalence which only focused on the meaning of the terms. Machali (2000) stated that as a method, literal translation considers as the most important translation procedure because the basic of literal translation is in clause or sentence level. However, translating addressing terms include and reflect the culture of the society because the addressing terms that were used by the characters determine their background whether their status or ethnicity. Even the words in source text have the same denotation with target text, they do not always have the same connotation. The translator used two different procedures in translating the addressing terms for the first pattern. The first procedure is lexical translation which is used to translate Tuanmuda, Tuan, Papa, Ayah, Ayahanda, Sahaya, Aku, Kowe, and Nak. Some of the terms are not appropriate because there is the difference of interpersonal perspective. The second procedure is adaptation. The translator attempted to make the addressing terms familiar in target text. The terms Juffrouw, Mevrouw, Meneer, Ndoro, and Noni are special concepts that were used in Dutch colonial era. The translation text could be understood by the reader of the target text, but the reader can not catch the essence that those terms are particular addressing terms for certain groups. So, even the words of source text have denotative equivalence in target text, but they are not suitable for the context of source text. In the second pattern, the translator did not change the addressing terms because the terms, Noni, Nyai, Ndoro, Gus, Sinyo, and Mas are special concept of source text that do not have any equivalence word in target text. The translator used annotation to translate because he persisted to use the original terms and gave glossary to explain the meaning of the term. The writer noticed that the translator is understand that the addressing terms have important role to distinguish the identity of the characters, but he only highlighted Javanese addressing terms. The concept of thing in Dutch and English are almost similar because they are in the same language family. So, the translator was easy to find out the lexical equivalence from Ducth terms to English terms. However, the concept of some words such as Noni, Sinyo, and Nyai are especially used in colonial era, so it is difficult to find out the equivalence in target text. Ndoro, Gus, and Mas are terms from Javanese culture who really emphasis in status and familiarity while English only differ for formal or informal situation. Unfortunately, the translator used inconsistent translation procedures for one term. For instance, the term Noni is translated as Miss by using lexical translation and the translator also used annotation in other text so that he did not change the addressing terms. These conditions would make the reader confuse and would make wrong interpretation that Miss and Noni are different. The last pattern showed that the translator change the form of the addressing terms. The translator used free style translation. The translator missed to understand the language system of source text and target text because he translated Nyai-Nyai as Nyais and Tuan-Tuan as Tuans. Nyai and Tuan are not English term, so the plural form of Nyai and Tuan are not necessarily Nyais or Tuans because it is unclear whether Nyai and Tuan are countable or uncountable noun. Accountability concept is universal concept that can be understood by all people and can be expressed through lexical structure in all language, but not all languages have grammatical category for number and not all languages apply the same concept for number. The second analysis is relation between power and solidarity toward the addressing using T and V because in previous part, there are many translations of addressing term that are not appropriate to the context of the novel. The ways of people in choosing the addressing terms are really related to the culture that exist in their society. The culture of society consists of everything that everybody has to know or believe in order to operate manner that acceptable for its member. In Javanese society, especially in the past, the kingdom applied feudal system. This system force lower class people to respect much to people who have more power. Gilman (1960; 252) defined Power as a relationship between at least two persons and it is nonreciprocal because both can not have the same authority. There are many forms of power such as physical strength, wealth, age, sex, institutionalized role in the state, the army, or within the family. The relations called older than, richer than, stronger than, employer of, richer than and nobler then are all asymmetrical. If A is older than B, B is not older than A. The relation called "more powerful than". The pronoun usage expressing this power relation is also asymmetrical or nonreciprocal, with the greater receiving V and the lesser T. Pronoun form of T and V were used by some European countries to differ between 'singular you' tu (T) and 'plural you' vos (V). Now, T and V are used as symbols; the T form is often described as the familiar form and the V form as the polite one. The superior will say T to the inferior and receives V, and vice versa. T and V approach also could be used to indicate solidarity. The T form is usually used by people who stand in the same position. It reflects symmetrical relation; for instance: attended the same school or have the same parents or practice in the same profession. The T of solidarity can be produced by frequency of contact as well as by objective similarities. The dimension of solidarity is potentially appropriate to all persons addressed. Power superiors may be solidarity (parents, elder siblings) or not solidarity (officials whom one seldom sees). Reciprocal T usage was always available to show intimacy. The following part would discuss the power of characters and its influence among the other characters and the writer used T and V form to analyze them. To sum up the relation of power and solidarity through the addressing term that were chosen by the characters in Bumi Manusia, the writer summarized them into a table. The table would illustrate the addressing terms, the interlocutors, the relation between interlocutors, and the function of the addressing terms. Table 2 The T and V form of Addressing Terms in Bumi Manusia No Addressing Term Interlocutor Relation Function 1 Juffrouw Java – Dutch Dutch- Indo nonreciprocal nonreciprocal Respecting respecting 2 Noni Java – Indo nonreciprocal Respecting 3 Mevrouw Java – Dutch Dutch -Dutch Indo – Indo nonreciprocal reciprocal reciprocal Respecting showing intimacy respecting 4 Nyai Java – Java Dutch - Java reciprocal nonreciprocal Respecting respecting 5 Tuanmuda Dutch – Java Java - Java nonreciprocal nonreciprocal Respecting respecting 6 Tuan Java - Java Java – Dutch nonreciprocal nonreciprocal Respecting respecting 7 Ndoro Java – Dutch Java – Java nonreciprocal nonreciprocal Respecting respecting 8 Meneer Java – Dutch nonreciprocal Respecting 9 Mama Ann – Nyai Minke – Nyai nonreciprocal nonreciprocal showing intimacy showing intimacy 10 Papa Indo – western nonreciprocal showing intimacy 11 Aku Java - Java Java – Dutch reciprocal nonreciprocal showing intimacy showing intimacy 12 Sahaya Java – Java nonreciprocal showing intimacy 13 Kowe Dutch – Java nonreciprocal Disrespecting 14 Nak Java – Java nonreciprocal showing intimacy 15 Gus Java – Java nonreciprocal showing intimacy 16 Sinyo Java –Indo Java – Java nonreciprocal nonreciprocal Respecting respecting 17 Abang Indo - Indo Java – Java nonreciprocal nonreciprocal Respecting showing intimacy 18 Mas Indo – Java reciprocal showing intimacy 19 Man Dutch – Java nonreciprocal Disrespecting 20 Mr (Meester) Java – Dutch nonreciprocal Respecting The table above shows that there are three functions of addressing terms, respecting, disrespecting, and showing intimacy. From the data above, the relations of the interlocutors are mostly nonreciprocal, so it shows that social status is very important in colonial era because the nonreciprocal relations illustrate the difference power between addressor and addressee. In many nonreciprocal cases, the higher social status will get V form from the addressors to show their respect and say T form because they are not stand in the same position as the addressee. Except respecting, nonreciprocal relation is also used to show disrespect. The addressing terms that are used to disregard are especially designed for lower class by upper class or have bad connotation. In contrast, to show intimacy, the relations of the interlocutors are sometimes reciprocal or nonreciprocal. The dimension of solidarity is little bit different from power, because even the interlocutors are not stand in the same position they can use intimate addressing terms because their relations are close. DISCUSSION After analyzing the translation of addressing terms from the source text to target text, now the writer discusses the result of the analysis. Comparison of Original and Translation The research compares the field, tenor, and mode of Bumi Manusia and This Earth of Mankind. The concept of field, tenor, and mode are sociolinguistic dimensions of context of situation jointly characterizing a particular register. House (2009; 33) stated that the original and its translation should have an equivalent function whenever possible. He also said that text and context of situation are indeed separated, but the two interact with each other through inextricable connection between the social environment and the functional organization of language. Before analyzing the register, it is needed to analyze the genre first. House (2009; 35) explained that genre connect an individual text with the larger cultural context of the linguistic and cultural community in which the text is embedded. The genre of Bumi Manusia is historical fiction but it is based on the reality. It included to historical story because the setting illustrated the situation of Indonesia in the late of nineteenth century. The author used particular time and places that make the story as if it was real. The story happened in 1890's, when the national movement had been begun by native to fight against colonizer through non-violence way. Field The first dimension of register is field. Holmes (2009; 34) explained that field captures the subject matter or topic. It describes what the text is about and what kinds of thing are in text. The text was about Minke's life. It describe Minke's journey who is a naïve boy at first to be a mature person. In that process, Minke should face many problems dealing not only with himself but also his society and the colonizer. The complexities of Minke's problem include the conflict of social judgments, hierarchy system, and racial conflict. The description of this story is not so much as historical text but an attractive, easily readable story. Evidence for this is the use of Malay language in telling the story rather than Javanese or Dutch. Malay was language of interracial communication which was used by many people weather Native or Eurasian. However, there were many terms that are not Malay, but they were only used as addressing term. The choice of particular addressing term in Bumi Manusia shows the style of speaking and the purpose of the speaker, indeed the social status. Mevrouw, Juffrouw, Meester, and Meneer are some addressing terms that were borrowed from Dutch language, while Mas, Ndoro, Gus, Mas and Man are some addressing terms that were borrowed from Javanese language. The used of various addressing terms has function as the mark of power and solidarity. As seen in table 4.1.3 (see page 102) there are three functions of addressing terms, respecting, disrespecting, and showing intimacy. From that data, the relations of the interlocutors are mostly nonreciprocal, so it shows that social status is very important in colonial era because the nonreciprocal relations illustrate the difference power between addressor and addressee. The feudal and colonial system forced people to respect everyone who have more power. Geertz (1960: 282) explained that it is nearly impossible for language that applied etiquette system to say anything without indicating the social relationship between the speaker and the listener in terms of status and familiarity. In many nonreciprocal cases, the higher social status will get V form from the addressors to show their respect and say T form because they are not stand in the same position as the addressee. Juffrouw, Noni, Mevrouw, Nyai, Tuanmuda, Tuan, Ndoro, Menner, Sahaya, Sinyo, Abang, and Meester are addressing terms to show respect. The translation appears to be generally and decrease its local color because the absence of Dutch addressing terms as the marker of Dutch colonial. Even the translation of Dutch addressing terms have the same function to respect the addressee, the translation can not replace the emotion and the feeling of the original. Except respecting, nonreciprocal relation is also used to show disrespect. The addressing terms that are used to disregard are especially designed for lower class by upper class or have bad connotation. For instance, Kowe is addressing term that was used by Dutch people to express disrespect toward Javanese. The translation of Kowe, you, can not express the same function as the original because this term is neutral addressing term. In contrast, to show intimacy, the relations of the interlocutors are sometimes reciprocal or nonreciprocal. The dimension of solidarity is little bit different from power. Even the interlocutors were not stand in the same position they can use intimate addressing terms because their relations are close. In Bumi Manusia, the relations of the people who used intimate addressing terms such as Mama, Papa, Gus, Abang, and Nak were nonreciprocal. Gus, Abang and Nak were used by older people to younger people. In Javanese, age is one of the main distinctions of nonreciprocal relation. The older people do not need to use polite form, but in this case Gus, Abang and Nak are polite addressing term that indicated close relationship between older and younger people. The translation of Abang (your friend) and Nak (child) can not full fill the same function as the intimate sign like the original did. Tenor House (2009; 34) stated that tenor refers to the nature of the participants, the author and his or her addressee, the relationship between them in terms of social power and familiarity, the author's intellectual and affective position, that is, his or her personal viewpoint. The author was an Indonesian author of novels, short stories, essays, polemic and histories of his homeland and its people. The author seemed to be very aware of the conditions of his story. He attempted to create colonial atmosphere as same as the reality. The choice of the addressing terms included Dutch, Malay, and Javanese was the evident. By differing the addressing terms based on the ethnicity and social status, the author would like to inform the reader the 'reality' in the past. He wanted to show that there were social distance between poor and rich, also Javanese as the colony and Dutch as the colonizer. He persisted to use Dutch addressing terms rather than change it into Malay to create colonial atmosphere because at that time Dutch people make their language as exclusive language. The translator also tried to create colonial atmosphere by using Java and Malay addressing term that do not have equivalent in English. However, instead of using Dutch term as the author did, the translator change the addressing terms into English. Dutch and English are still in the same language family, so there are many terms of English and Dutch that have the same meaning. Mevrouw, Juffrouw, Meneer, and Meester are Dutch terms. Except Meester, they are denotatively equivalent. Mevrouw could be translated as Mrs, Juffrouw as Miss, and Meneer as Mr. They have the same referents in the real world, so it makes them denotatively equivalents. Although, the translator failed to capture that Dutch addressing term has special function as imperial impression. Ashcroft (2002; 7) stated that one of main features of imperial oppression is control over language. Dutch people, at that time, not only controlled for social, politic, and economic aspects but also controlled the language. They limit the used of their language for themselves and their offspring to marginalize their colonies. The translator did not catch the author's aim that he wanted to show the great distance between Dutch and Javanese people. Instead of giving the Dutch colonial atmosphere, the translator gave mental image of British colonialism because the special terms that implicate Dutch colonialism had been translated in English terms. Based on the table in 4.1 (see page 3), most addressing term translation dealt with cultural context. This problem arose because the translation and the original can not make the same psychological understanding for the readers. In addition, the translator used inconsistent term in his translations that primarily make the reader confused. Mode House (2009; 34) defined Mode as a channel of communication. Equivalence in dimension of mode relates to the means whereby the communication is performed. In Bumi Manusia, there were some addressing terms that have different meaning than the lexical meaning because of the feeling of the speaker. Kowe actually is common addressing terms in Javanese society to address someone who is younger or have closed relation, but when it is used by Dutch people the function is changed from showing intimacy become disrespecting. When the Dutch people used Kowe in Bumi Manusia novel, the character always used it in high tension. However, the reader will not catch that Kowe has negative connotation directly because the translation term, you, is neutral addressing terms. The communication purpose of the term Kowe cannot easily catch. So, the irritation of the character could not be understood by the reader. As seen from the mode, field, and tenor analyses above, it show that the original and the translation are not equivalence. The genre of the translation in translating addressing term is not so much as the original because some translation of the addressing terms can not reveal the atmosphere of Dutch colonial that become the main point in this equivalence problem. Equivalence Problem in Translating Addressing Terms in Bumi Manusia The analysis of register categories above clearly showed that the original and translation are not equal. Equivalence of source text and target has limited area because not all of the equivalence approaches can achieved all translation cases. The main factor that made the addressing in source text do not have suitable equivalence in target text is the special concept of Dutch colonial and Javanese culture. Nababan (1999: 99) said that the concept of source text can reveal a concept that is not well known in the target text. Some addressing terms from source text that has special concept are difficult to have their equivalence in target text because of the cultural concept of addressing term from Dutch and Javanese like Juffrouw, Noni, Mevrouw, Nyai, Ndoro, Meneer, Gus, Sinyo, Mas, Man, and Meester. Those terms can not easily be transferred to target text because those terms are created by certain condition in particular communities. Some of those terms, Juffrouw, Noni, Mevrouw, Ndoro, and Meneer have the same denotation with the translation term, but the original and translation addressing term have different connotation that make them share different interpretation. The special concept that can not be replaced in target text lead to others related problem. The special concept of particular culture make the language concept of source text is not available in target text. Nababan (1999: 99) explained that the words of source text could be understand and recognized in target text but the target text does not have a term that can reveal the concept from source text. In this case, the term Sahaya and Kowe in source text have different concept from Aku and Kau. The target text do not differ the first and second singular pronoun that make the translation of Sahaya and Kowe have different function from source text. Even the concept of Sahaya and Kowe could be understand in the target text, but the term that have the same meaning and connotation with those term are not available. So, the translator used 'I' and 'you' in a pinch to replace Sahaya and Kowe even 'I' and 'you' also used to translate Aku and Kau. The complexities of Javanese community that apply speech level also direct the translation to the equivalence problem because it makes difference of interpersonal perspective. Nababan (1999: 03) argued that interpersonal perspective is related to the relation of the participants in a text. In a language that really concern to etiquette like Javanese, Geertz stated that it is impossible to address someone without pay attention to the status of the addressee. Etiquette system force the people to create different term for one concept, so the participant can easily choose the right term to address someone that suitable for both the addressor and the addressee. For instance, in Bumi Manusia there are three different addressing terms to call male parent, Papa, Ayah and Ayahanda. The use of those addressing term could reflect the social status of the addressor and the addressee. Papa is used in western family who live Dutch East Indies, Ayah is used in middle-low family, while Ayahanda is used in Javanese aristocrat family. This difference of Papa, Ayah and Ayahanda can not be seen in the translation because the translator translated them as 'father'. The other problem of equivalence that appears because of the particular culture of the two languages is the difference of expressive meaning. According to Nababan (1999: 103) the words in source text and target text have the same proportional meaning but often they are different in expressive meaning. There are many addressing terms that have the same proportional meaning but they are different in expressive meaning because Malay terms differentiate the addressing terms based on the relationship and the social status. The term Nak has the same proportional meaning with child, but they are used in different intention. Nak is for showing intimacy but child dispose to create formal atmosphere rather than familiarity. Both terms have the same proportional meaning but they express different purpose and connotation. The different perspective toward a concept will also lead the translation to equivalence problem (Nababan, 1999: 101). Furthermore, it is also the effect of special concept in source text. The term Man in Javanese context at that time was used to address Javanese adult male from middle-low status. In the translation text, the term Man translated as man because English does not distinguish the term man for rich or poor people. In the other hand, the translator also missed to capture the perspective of the character in choosing particular term when he translated Abang. The proportional meaning of Abang is addressing term to call elder brother but it could be used to call man or boy who is elder than the addressee. The translator translated Abangmu as your friend but from Nyai Ontosoroh's point of view, she used Abangmu to make Annelies felt comfort and consider Minke as her own son. Changing the term Abangmu as your friend would lead the reader to different understanding because it seems that Nyai Ontosoroh treat Minke as only her guest. The other factor except special concept of Dutch colonial and Javanese culture is the difference in grammatical system. Nababan (1999; 108) stated that grammatical equivalence focuses to the similar concept of source text and target text at the level of number, gender, person, tense, and aspect. In translating the addressing term, the problem appeared when source language and target language have different grammatical system. The term Nyai-Nyai became Nyais or Tuan-Tuan became Tuans is not equivalence because both term are Malay term. Malay and English apply different method to change the singular concept to be plural. The translator used free style translation and he missed to understand the language system of source text and target text because he translated Nyai-Nyai as Nyais and Tuan-Tuan as Tuans. Nyai and Tuan are not English term, so the plural form of Nyai and Tuan are not necessarily Nyais or Tuans because it is unclear whether Nyai and Tuan are countable or uncountable noun. Accountability concept is universal concept that can be understood by all people and can be expressed through lexical structure in all language, but not all languages have grammatical category for number and not all languages apply the same concept for number. Therefore, the translator should observe carefully whether one concept of a language could be applied to another language or not. The reader of the target text would feel unfamiliar because in some text, the translator used Nyai and Tuan for singular form, but after that those terms became Nyais and Tuans, whereas the reader could have another understanding rather than think that those terms are plural form because they never know the terms Nyais and Tuans before. Double Perspective in Translating Bumi Manusia Constructing the effective translation is one of the purposes of translation. Nababan (1999:88) stated that there are two main factors that determine the effectiveness of the translation. The first is dimension of linguistic and knowledge. Straight (as quoted in Nababan, 1999) said that fruitfulness in conveying the message depends on the knowledge about the context of culture and the language system of source language and target language. In this case, the translator failed to capture that addressing term play important role because it reflects etiquette culture of Javanese and Dutch colonial culture in Dutch East Indies. The second factor is purpose dimension. Nababan (1999, 87) stated that the translator should decide the purpose of the translation. Further, he explained that the purpose should meet this criteria; fruitful to the original, use translation style that appropriate to source text, use suitable equivalence, and the readability level of translation fitted to the source text. However, the analysis in the previous part show that the translation of addressing terms dealt with many equivalence problems and shared different function and connotation from the original that make the translation become unreadable and confusing for the reader. Both dimensions above can not be reached by the translator because he used more than one perspective in translating the addressing terms. Before translating a text, a translator had to analyze the source text to understand the content of the text. Then, the translator chose the approach that is suitable for source text. From the data in the table in 4.1 (see page 3), the writer found some addressing terms that have many equivalent problems. The translator may use more than one procedure in translating addressing terms because the procedure of translation is for sentences or smaller linguistics units as clause, phrase, word, etc. However, before determining the procedure, the translator should choose the perspective or method that he wants to apply in translating the source text. The method that the translator used will be a framework that guides the translator to translate the text in a line. The writer noticed that the translator used double perspectives that make his translation contradictory. In translating addressing terms such as Noni, Ndoro, Nyai, Tuan, Tuanmuda, Papa, Gus, Sinyo, and Mas, the translator used perspective that was focus on the original text. House (2009: 15) explained that a focus on the (original) texts mean analyzing it, and systematically linking its form and functions in order to reveal the original author's motivated choices. The translator considered the reason of the author in choosing addressing terms and tried to find out the closest equivalence in target text, even for some addressing terms do not have any equivalence that make the translator insisted to use the original term. In contrast, the translator also used perspective that focus on the process of interpretation. House (2009: 20) defined this perspective as the translator way to builds up an individual mental representation of its meaning. House added that the reconstitution of the 'the meaning' of a text to fit another language and context is not the central point. It is dealing more with the invention of the translator then discovery of what is already exist in a text. Therefore, when the translator used this perspective to translate some addressing terms such as Juffrouw, Noni, Mevrouw, Nyai-Nyai, Tuan-Tuan, Nak, Abang, Man, etc the translation become very different from the context in source text. This perspective also leads the translator to make confusing translation because the translation for one term becomes inconsistent. Moreover some addressing terms have different meaning and connotation from the source text. In translating a text, translator should use only one perspective to make the synchronized translation. Double translation would lead the translator to different way in translating addressing term because one perspective deal with different point of view to another perspective. In Bumi Manusia case, it is much better for the translator to only apply the perspective that focus on the source text since the background of the original can not be easily transferred to target text. Moreover, if the translator was consistent to use one perspective, he would not make ambiguity translation. By understanding the whole context of the story that include ecology, technology, material culture, social organization, myth, and linguistic system of source text, the translator would have better perceptive to make good translation that fruitful to the original but it is still readable for the target reader. CONCLUSION This study is conducted to describe how the phenomenon of translating addressing terms is rolled out in BumiManusia and This Earth of Mankind. The conclusion of this study is formulated based on the statement of problems. Some translation theory based on several authors (House; 2009; Machali 2000; and Nababan; 1999): translation perspective, equivalence in translation, equivalence problem, and register categories of field, mode, and tenor are combined to the theory of addressing term (Wardaugh; 2006), pronouns of power and solidarity (Brown and Gilman; 1960) and lexical relation (Kreidler; 1998) to identify how the translator translated the addressing terms and the relation of the addressing terms toward the cultural context. Then, the writer comes to a conclusion that: The T and V approach also showed that power and solidarity become the main consideration for the characters in choosing addressing terms, so that the characters used different addressing terms depend on the status of the addressee and the relation among the characters. The translator used three patterns in translating addressing terms. In the first pattern, the translator used literal translation to translate Juffrouw, Noni, Mevrouw, Tuanmuda, Tuan, Ndoro, Meener, Papa, Ayah, Ayahanda, Sahaya, Aku, Kowe, and Nak. In second pattern, the translator used original terms, Noni, Nyai, Ndoro, Gus, Sinyo, and Mas in the target text. The last pattern is changing the addressing terms such as Nyai-Nyai, Tuan, Sahaya, Abang, Man, and Meester since the adaptation of target text. From the patterns above, it was found that the translator was inconsistent to translate some addressing terms because he translated one term used some different procedure that make the meaning of the addressing terms contradictory. Also he did not pay attention to the culture and the context that involve in addressing terms so he only did linguistic translation without concerning to the cultural influences. The main factor that lead untranslatability of translating Bumi Manusia's addressing terms is special concept of Javanese culture and Dutch colonial system that make the addressing terms can not be easily transferred to target. The difference of grammatical system of source language and target language also lead the translator to get difficulties in finding suitable equivalence for the addressing terms. Therefore the translator used double perspective to solve the equivalence problems. As a result double perspective that was expected to solve the problem instead made a larger problem because the translation of addressing terms become untranslatability and unreadable. SUGGESTION Addressing terms is general phenomenon which occurs in daily life. But, the analysis of translating addressing terms is still rarely discussed whereas linguistics and its branches is basically concerning with the use of language. From this study, the future researchers are suggested to be more interested in enlarging their knowledge dealing with applied linguistics, especially translating addressing terms which concerns with how translating addressing terms based on cultural context. Equally important, it is suggested for the readers to pay attention in choosing addressing terms based on the condition and the status of the addressee because the wrong addressing terms choices will make the addressee feel insulted or annoyed REFERENCES Ananta Toer, Pramoedya. 2011. Bumi Manusia. Jakarta: Lentera Dipantara. Ananta Toer, Pramoedya. 1996. This Earth of Mankind. New York: Penguin books Ltd. Ashcroft, Bill and Griffiths, Gareth. 2002. The Empire Writes Back – Theory and practice in post-colonial literatures. New York and London: Routledge Taylor & Francis Group. Bogdan, Robert. C and Sari Knopp Biklen. 1982. Qualitative Research for Education: an Introduction to Theory and Methods.Allyn and Bacon. Inc. USA Brown, R., Gilman, A. 1960. The pronouns of Power and Solidarity. Thomas A. Sebeok, eds. Style in Language. Cambridge-Massachusetts: The Technology Press of Massachusetts Institute of Technology, 252-275. Geertz, Clifford. 1960. Linguistic Etiquette. Thomas A. Sebeok, eds. Style in Language. Cambridge-Massachusetts: The Technology Press of Massachusetts Institute of Technology, 282-295 Holmes, Janet. 1992. An Inroduction to Sociolinguistics. London and New York: Longman Group. Hornby, A. S. (Ed.) 1948. Advanced Learner's Dictionary (7th ed.). Oxford: Oxford University Press. House, Juliane. 2009. Translation. Oxford: Oxford University Press. Machali, R. .2000. Pedoman Bagi Penerjemah. Jakarta: Grasindo. Nababan, R. 1999. Teori Menerjemah Bahasa Inggris. Yogyakarta: PustakaPelajar Pramoedya Ananta Toer. Retrieved on June 25, 2013 from site: http://en.wikipedia.org/wiki/Pramoedya_Ananta_Toer Rothschild, Metthew. Interview with Pramoedya Ananta Toer. The Progressive Magazine. Retrieved on June 26, 2013 from site: http://www.progressive.org/mag_intv1099 Sugiyono. 2010. MetodePenelitianKuantitatif R & D. Bandung: Alfabeta. Wardhaugh, Ronald. 2006. An Introduction to Sociolinguistic.Oxford: Blackwell Publishing Widyastuti, Susana. Componential Analysis of Meaning: Theory and Applications. Online journal. Retrieved on June 25, 2013 from site: http://eprints.uny.ac.id/1174 W. Kreidler, Charles. 1998. Introducing English Semantic. London: Routledge.
Issue 18.4 of the Review for Religious, 1959. ; Two, Prayers John XXIII Prayer for the Church of Silence [On January 23, 1959, the Sacred Penitentiary pub|ish~d the Italian text ~f a prayer composed by the Holy Father for the. Church of Silence. The original text, a translation of which appears.below, is to be found in Acta Apostolicae Sedis, 51 (1959), 112~13. A partial indulgence of three years can be gained by the faithful when they recite the prayer with contrite heart.] OJESUS, Son of God, who lovedthe Church and who gave Yourself for it to sanctify it and to make it appear before You glorious and immaculate (Eph 5:23-27), look down with mercy on the painful conditions to which Your mystical spouse is subjected in certain parts of the Catholic world and especially now in the great nation of the Chinese. ! See, O Lord, the treachery that threatens the souls of Your faithful' and consider the calumnious insinuations leveled against Your pastors, Your ministers, and Your faithful followers who long to spread the truth of the Gospel and that kingdom of Yours which is not of this world. How insistent and dangerous are the attempts to tear the seamless robe of Your spouse, the one, holy, catholic, apostolic, and Roman Church, by separating the hierarchy and the local communities from the only center of truth, authority, and salvation, the See of Peter! Before this spectacle of such grave evils, we ask first of all for pardon for the offenses which are being committed against You. In truth the words spoken by You to Saul of Tarsus on the road to Damascus, "Saul, Saul, why do you persecute Me?" (Acts 9:4), can well be repeated today, as they could be in the course of recent and past history. We trust always in the efficacy of the sublime words You addressed to Your Father from the cross, "Father, forgive them, for they do not know what they are doing" (Lk 23:34). As Your sacrifice was the source of universal salvation, so through your grace may the martyrdom which the Church, Your spouse 193 JOHN XXIII Review [or Religious and our mother, suffers in different regions bring salvation all men. O Prince of Peace, grant that the bishops and the priests, the religious and the laity, may always and everywhere be "solici-tous to preserve the unity of the spirit in the bond of peace" (Eph 4:3). May Your omnipotent power overcome every hu-man calculation so that pastors and flocks may remain obedient to the voice of the only universal Pastor, the Roman Pontiff, who feels in his heart the responsibility of that supreme desire of love: "Holy Father, keep in Your name those whom You have given Me, that they may be one as We are" (Jn 17:11). Finally~ O Redeemer, look with satisfaction at the merits and prayers of Your and our Mother, the august Queen of the missions and of the universal Church; look at the labors, the sacrifices, and the blood of "the innumerable heralds of the faith who have always and are still giving heroic testimony to You; and, mindful above all of Your precious Blood shed for many for the remission oz sins, give Your peace to China and to the entire world, because in no other is there hope and victory .and peace, but only in You, our Lord and immortal King of the ages and of the nations. Prayer to the Eucharistic Christ [The following prayer, the orighaal text of which is given in Acta Apostolicae Sedis, 51 (1959), 163-64, was composed by the Holy Father as a preparation for the coming International Eucharistic Congress to be held in Munich, Germany. His Holiness (AAS, 51 [1959], 164) has granted a partial indulgence of ten years to the faithful who devoutly recite the prayer with contrite heart; moreover once a month they may gain a plenary indulgence under the usual conditions, if they have recited the pra~,er daily for a whole month.] O Jesus, King of nations and of ages, accept the acts of adoration and of praise which we, Your brothers by adoption, humbly offer to You. You are "the living Bread come down from heaven which gives life to the world" (Jn 6:33) ; High Priest as well as Victim, You offered Yourself on the cross in a bloody sacrifice of expia-tion to the Eternal Father for the redemption of the human race; 194 July, 1959 Two PRAYS.US and now each day You offer Yourself on our altars by the hands of Your ministers so that there might be restored in each heart Your "kingdom of truth and of life, of holiness and of grace, of justice, of love, and of peace~' (Preface of the Mass of Christ the King). O "King of Glory," may Your kingdom come! Rule from Your "throne of glory" (Heb 4:16) in the hearts of children so that they may keep immaculate the shining purity of their baptismal innocence. Rule in the hearts of youth so that they may grow in wholesomeness and purity and in docility to the voice of those who represent You in the family, in school, and in the Church. Rule in the heart of the home so that parents and children may live united in the observance of Your holy law. Rule in our country so that in the harmonious ordering of the social classes all its citizens may regard themselves as children of the same heavenly Father, called to work together for the common temporal good and happy to belong to that one Mystical Body, of which Your Sacrament is both the symbol and the everlasting source. Rule, finally, O King of Kings and "Lord of Lords" (Deut 10:17) over all the nations of the earth and enlighten the rulers of each nation that, inspired by Your example, they may nourish "thoughts of peace and not of affliction" (Jer 29:11 ). O Eucharistic Jesus, grant that all people may serve You freely in the knowledge that "to serve God is to reign." May Your Sacrament, O Jesus, be a light to the mind, a strength to the will, an attraction to the heart. May it be a support to the weak, a comfort to the suffering, a viaticum of salvation to the dying, and for all may it be a "pledge of future glory." Amen. 195 The Rest:oral:ion ot: All Things in Christ: Richard Cardinal Cushing, D.D., UL.D. [The following address by the Cardinal Archbishop of Boston was delivered as the main address of the Sacred Heart Institute for Nuns conducted by American Directors of the Apostleship of Prayer and held at Roberts Center, Boston College, on April 4, 1959.] THE DEVOTION TO the Sacred Heart makes no appeal whatever to those outside the Church and to some within the Church. It is the story of a nun who had a vision of our Lord in which He showed her a wound on His side. Then He said to her: "Behold the Heart which loves so much, and is loved so little in return." What is this but sentimentalism, and a kind of senti-mentalism which does not appeal to people of our times. My dear Sisters: Is there anything more undignified than the figure of the rejected lover who cannot keep his abandon-ment to himself, but must go about exposing his wounded feel-ings for all the world to see, inviting sympathy because he unloved? Yet that is the figure under which Divine Love rep-resented itself to the apostle of the Sacred Heart--St. Margaret Mary. Why? It may help to understand the answer if we recall that all through the Old Testament this is the kind of language in which Almighty God refers to the disloyalties of His people. The covenant which He made with the Israelites when He brought them out of Egypt was like a marriage contract com-mitting both sides to fidel.ity; and when they turned to the wor-ship of idols, he appealed to that covenant. "And thou," He says through the prophet Jeremias, "and thou with many lovers have been unfaithful; come back to me, and thou shalt find welcome." This is pleading language, and it is God who pleads. When a prophet of the Old Testament speaks like that, he is using a metaphor. The Old Testament is full of metaphors. When others talk about God raising His hand, stretching out 196 I:~ESTORATION IN CHRIST His arm, keeping a watchful eye over His friends, giving a ready ear to their prayers, we'do not think that God, who is pure spirit, has hands or arms or eyes or ears like ourselves. And so it is when God describes himself as a jealous lover. He means that if He were a man, this is how the infidelity of His friends would affect Him. If He were a man? In the fullness of time, He became man; He trod our earth, and was subject, as man, to the play of emotions; He wept and rejoiced. He was indignant, and felt fear. The metaphors had come true at last: God Incarnate really saw with human eyes and stretched out a human hand to save us. And He was accessible like ourselves, to the expressions of feeling which we find so difficult to control. When an injury was done to the honor of His Father in heaven, He flared up; and we read in the New Testament: "Jesus looked upon them with anger." The success of His first missionaries gave Him the same feeling which comes to you and me when good news reaches us, and we read that "At that time, Jesus was filled with gladness." The tragedy of a friend's death was told him. The sad news drew from Him, as it would from us, a 'tribute of natural tears and we read: "Jesus wept." Our Lord did not even hide from us His disappointments: "Jerusalem, Jerusalem, still murdering the prophets, and stoning the messengers that are sent to thee, how often have I been ready to gather thy children together, and thou didst refuse it!" How often--He looks back over the sad record of Jew'ish history; the authentic accents of a Divine Person pierce through the veil of His humanity and here is God weeping with human eyes over tl~e pent-up sorrows of a human heart. Now I think we have the real meaning of the Sacred Heart devotion; it translates the Divine Nature into human terms for us. After all, we find it hard, don't we, to get God into our mind-picture? We cannot portray Him--His glory dazzles us; we are confused b~ the thought of the enormous gulf which lies between Him and creatures. We know that His Providence 197 CARDINAL CUSHING Review for Religious extends over all His works; He cares even for the sparrows, and yet. He is so great, and we are so small! Even our sins-- just an unkind word said about a neighbor, and we tell ourselves and we confess that we have offended God; think of the scale of the thing, our little lapse, and His infinite existence, put side by side! And then think of tl~e Sacred Heart, and all at once the whole thing becomes vivid, clear. Jesus Christ in heaven, taking an interest in our tiny needs, as He took an interest in many tiny needs on earth. Jesus Christ hurt by our sins, as He was hurt by so many slights and disappointments up and down the villages of Galilee. The echoes of our prayer no longer seem to die away in infinite distance; they strike a chord in the Sacred Heart, and become vocal to us, real to us. If critics object that we are too sentimental over our devo-tion in honor of the Sacred Heart, that we single out one partic-ular side of our Lord's character, represent Him too insistently in one particular attitude, one of mercy and tenderness and wel-come, let us remind them that it is these qualities in the Divine Nature which we find it most difficult to believe. Here, most of all, we need a diagram in flesh and blood to convince us. How can God, so upright a judge, be merciful? How can He, who is without passion, be tender to us? How can He, who has no need of human companionship, welcome us? It is these qualities, that we rejoice to see mirrored in the Sacred Heart. Our Sacred Heart statues and holy pictures represent our Lord in one particular attitude, as He revealed Himself to Sister Margaret Mary, an attitude of tender abasement, of mournful pleading with mankind. Again critics wonder. Is this your Christ, they ask, this weak, womanish figure, in a posture of sentimental appeal? Is your religion all sugary sweetness, all variations on a minor key? Has it stopped still with the seventeenth century; has it no mes-sage for today? And to that we answer, No, you have it all wrong. The Sacred Heart is the treasury of all those splendid qualities with which a perfect life was lived; it is the repository of 198 July, 1959 RESTORATION IN CHRIST all those noble thoughts which mankind still venerates in the Gospels'. It was the Sacred. Heart that burned with anger when the traders were driven out of the Temple; it was the Sacred Heart that loved the rich young man, yet would not spare him; it was the Sacred Heart that defied Pilate in his own judgment-hall. It is strong and stern and enduring; it hates prevarications and pretences. The perfect flowering of a human life, not on this occasion or that, but all the way, all the time, the utter sacrifice of a human will-- that is what the Sacred Heart means. There is no picture, no statue on earth that can portray its infinite beauty. The perfect flowering of our life at all times and in all ways; that should be the harvest of our devotion, dedication, and con-secration to the Sacred Heart. Religious, more than any other group of the followers of Christ, have the opportunity to reach that ideal. They have the available means and opportunity to answer the plea of the Sacred Heart for the return of human love for love divine. In the silent anonymity of your community life, you offer day by day the sacrifice of your personal independence and your natural yearning for recognition and human affection. If you live consist-ently with the ideals of your religious profession, you can truly say that you have left all things and have become so Christlike as to have produced the perfect flowering of your own life in the life of the Sacred Heart. Your vows of poverty, chastity, and obedience leave nothing for yourself. Through these vows, the essence of the religious life, you become one with God. How could you attain to a more perfect flowering of your life? Truth-fully you are called Sponsae Christi. In this capacity you can kneel each morning before the alkar on which the Sacrifice of Calvary is renewed and identify your love with the love of the Eternal Priest in humble and self-less fulfillment of the ideals of perfection which He Himself estab-lished in His earthly life. It is not without significance, therefore, that the spread of devotion to the Sacred Heart in modern times owes its origin 199 CARDINAL CUSHING Review for Religious to the apparitions of our Blessed Lord not to some renowned scholar or churchman but to a lowly nun. St." Margaret Mary was one of yourselves. Her call to the religious life, her postu-lancy and novitiate, her profession of religious vows, her long years of obedience to her rule and prayerful cooperation with the wishes of her superiors--all these circumstances of her life have their counterparts in the life of each one of you, St. Margaret Mary also found the same difficulty which you experience in following up the inspirations of God's grace which come so mysteriously to those who are closely associated with apostolic works. Neither religious themselves, nor those who cooperate with them in realizing the objectives of their various communities, can ever understand completely the divine orienta-tion of the human impulses out of which the success of any reli-gious community is drawn. As we look back over the centuries at what happened be-tween 1673 and 1675 in a little French village, we can see clearly that the judgments of psychologists and the cautious reserve of theologians and canonists have all played their part in the spread of the devotion to the Sacred Heart of which St. Margaret Mary was destined to be the modern apostle. They could not under-stand sentimentalism of this kind for they did not recall that Christ was man as well as God, human as well as divine. What stands out unmistakably in her life is her humble and charitable forbearance in the face of adverse personal criticism and her unquestioning submission to the authority of the Church. That indeed is one of many phases of the perfect flowering of human life: the total sacrifice of one's will to the will of another. Her spiritual directors understood her and guided her with sympathy and encouragement; she followed their counsel and obeyed to the last detail their suggestions of hopeful expectancy of eventual approval, A soul which is illumined by divine grace, a will that is one with the will of God, is never stubborn or un-disciplined. Margaret Mary's own certainty of the truth of the revelations made to her brought likewise the conviction that God's 200 July, 1959 RESTORATION IN CHRIST plans would be realized in God's own way and in God's own time. She knew that she was but the instrument of the power and mercy \ of Him who had afforded her unquestionable evidence of His love. She knew that the Christ, who had revealed to her the richness of His own inner life, was also the Christ who had founded His Church and who had'sent His Holy Spirit to abide within it until the end of time. In this peaceful and undisturbed awareness of her own relation to Christ our Lord, she was content to suffer the disappointment and frustration that would be in-volved in the reconditioning of men's souls which the spread of devotion to the Sacred Heart would bring about. When we look at Margaret Mary from this point of view, we see in her a great-ness of soul and a discerning penetration of divine wisdom which the humble circumstances in which she lived and died could never have revealed to those who knew her as a sister in religion and as a fellow human being. She is the messenger, the apostle of the devotion to the Sacred Heart because her heart gave all to the Heart of Christ. The beauty of her soul was the perfect flowering of life. And here, I think, is the great lesson which you, my beloved religious, can take to yourselves. In your life as religious you must share in the sorrows and sufferings which were glorified on the Cross. This is the meaning for you of the mystery of the Sacred Heart which was made known to the world by one of your number. How can that be accomplished? First of all, by self-immolation. To seek for oneself alone in religious life any measure of comfort or self-gratification is to substitute the prudence of the world for the prudence of the brides of God. As spouses of Christ, you must be faithful to your mystical espousal and marriage and accept cheerfully the burdens of community life and surrender yourselves without reservation to the demands which your respective congregations may make on you as they carry on their appointed apostolic works. Secondly, in your religious life you must resemble Christ in the mediating functions of His priesthood. The sacred humanity 201 CARDINAL CUSHING Review for Religious of Christ, symbolized in its ministrations of love by the Heart which was pierced with a lance, enable Christ to stand as a mediator between God and men. So too the religious, living in the world even while separated from it by the boundaries of her cloister, brings God into the lives of others as she carries on her varied works. The religious is thus in a very real sense a mediatrix between God and men. Those whom you serve are thereby raised from earth to heaven by the unselfish detachment with which you apply your-selves to works upon which material values may be set. Thus you are able to stand at Christ's side as His devoted helpers. Thus you are drawing men's souls to Christ as did Christ Him-self in His revelation of God's love for man in the visible form of His human nature. Thirdly, your principal objective as religious must always be to diffuse into the souls of others the love of Christ. How dismally we fail, even while we seem to be successful, if we have gained spectacular victories in ambitious undertakings at the cost oi: arousing bitterness and dissension among those with whom we live and work! In the companionship of your sisters in reli-gion, in your relations with your superiors, in the services which you render to your community, in your ministrations of charity and mercy to the faithful, you must always be a messenger of divine love and an inspiring example of the practice of Christian charity. I don't know of any othdr way in which we can respond to the appeal for love from the heart of Christ unless it would be to crystalize that response by fidelity to the spirit and letter of the Morning. Offering of the Apostleship of Prayer. This is more than a prayer formula, it is a way of life by which every act of the day becomes transformed into a prayerful tribute to the Sacred Heart. It is also the way of gpiritual child-hood for it sanctifies the ordinary things of life into extraordinary spiritual power and unites us to the sacrifice of the Mass through-out the world~ The Morning Offering is also the greatest means by which we can recognize the importance of each day in our lives. Each 202 July, 1959 RESTORATION IN CHRIST day is life in miniature. Today is unique; it has never happened before, it can never happen again. For one moment it is all-important, fills the.stage; tomorrow it will have taken its place in the unreal pageant of dead yesterdays. It has a significance, then, all its own; but this significance belongs to it because it is related to a series. We may think of it as the beginning of a series, the first day of a new departure in our lives. Or we may think of it as one day among others, with the same duties, cares, temptations as the others. Or we may think of it' as the last~ of a series; one today will be the last of all our todays, with eternity for its infinite tomorrow, and it may be this. Think of this day, for example, as the beginning of a new departure. How shall we begin? Not by any frantic efforts of our own; we will begin by listening to the voice of God: Hodie si vocem eius audieritis, nolite obdurare corda vestra. We speak to Him through ou.r spiritual exercises, and we unite ourselves with all the members of His Mystical Body throughout the world by today's offering of everything we do to Him. There is another use we may make of the magic word today. Instead of worrying about whether we shall ever commit our cus-tomary sins again, let us simply resolve not to commit them today. Dignare Dornine die isto sine peccato nos custodire; let us see if we can't cheat the devil, like some grasping creditor, by saying "Not just yet; not today." And let us ask simply for the grace which is needed to avoid those sins just in the sixteen hours that lie between bed-time and bed-time. Die isto, let us make today a holiday from our venial sins. This day without sin- we will avoid, His grace helping us, those little daily repeated irreverences by which we offend Him. This day without sin- we will especially avoid sinning against ourselves, by the wrong use of God's creatures. And we will avoid sinning against our neighbors. We know the sisters we have to live with, the little t~aults ot~ manner and behavior .which get on our nerves, all the more surely because they are repeated day by day. This day, with this gladness in our hearts, we will 203 CARDINAL CUSHING greet them with a cheerfulness which is infectious, which lightens their burden as well as our own. A smile at all times- how much difference that can make to life's tragedies! Today, sanctified and enriched by the Morning Offering, becomes like a sacrament from which we can derive not only an inspiration for the future, the future that may be so different if we will use today aright; not only a warning for the present, to make us avoid this day the temptations that every day beset us, but an attitude, also, towards the past, an attitude of abiding penitence and reparation. Let us remember our sins each day, as if we had no more space left for sinning; let us repent for them, as this were our last opportunity of contrition. And He, who re-turned to heaven with the penitent thief for His escort, will shorten our purgatory and hasten to unite us with Himself. Hodie vocem audieritis ~ it can never be too early to begin our conver-sion. Hodie eris mecum in paradiso ~ thank God, it can never be too late. Our renewed consecration today to the Sacred Heart gives evideace of our appreciation of the tremendous potential which you have at your disposal for the restoration of all things in Christ. We consecrate you anew to the Sacred Heart because you belong to Christ, because you are one with Christ, and because your efforts are so powerful and so indispensable for the realization of His divine mission. Let me become the spokesman for each one of you as I repeat the words of consecration which St. Mar-garet Mary formulated as she gave expression to her own consum-ing love ot: Christ her Lord: I consecrate to the Sacred Heart of our Lord Jesus Christ my person and my life, my actions, pains and sufferings, so that I may be unwilling to make use of any part of my being save to honor, love and glorify the Sacred Heart . Do Thou consume in me all that can displease Thee or resist Thy holy will. Let Thy pure love imprint Thee so deeply upon my heart that I shall never more be able to forget Thee or~to be separated from Thee. May I obtain the grace of having my name written in Thee, for in Thee I desire to place all my happi-ness and all my glory, living and dying in very bondage to Thee. Amen. 204 The AAariology of Pope Plus XII John A. Hardon, S.J. IT IS EASY to write on Pope Pius XII and the Blessed Virgin Mary because there is so much to say. We might recall how as a young boy in Rome he would stop every day to visit the shrine of Madonna della Strada at the Church of the Gesu where, as he told his mogher, "I pray and tell Mary everything." Or we might reflect on his life-long devotion to the rosary, his frequent sermons on our Lady, his constant reference to her in his writings or, in summary, his own testimony shortly after election to the papacy, that "our priestly life began with Mary and has always been directed under her motherly eye." In all this profusion of Marian piety, one aspect may be overlooked. Pius XII made a substantial contribution to the science of Mariology, a contribution concerning which, no doubt, volumes will be written in the years to come. We shall examine only the highlights of a large subject, whose implications have an important bearing on the whole body of Christian asceticism. The Assumption of the Blessed Virgin Mary On November i, 1950, Pius XII answered the requests of the Catholic hierarchy with a solemn definition that, "by the authority.of our Lord Jesus Christ, of the Blessed Apostles Peter and Paul, and by Our own authority, We pronounce, declare and define as a divinely revealed dogma: The Immaculate Mother of God, Mary ever Virgin, after her life on earth, was assumed body and soul to the glory of heaven." The spontaneous reaction of the faithful was gratitude for the exalted honor paid to the Mother of God. The Pope's own sentiments were expressed to the bishops gathered in Rome for the occasion, when he told them the joy he felt over the proclamation and the assurance it gave him that Mary would obtain the graces of which mankind stood in such dire need. On the level of piety and devotion, therefore, Mary's Assumption was only the climax in a series of definitiong 205 JOHN A. HARDON Review for Religious to honor the Blessed Virgin, beginning with the divine maternity at Ephesus and terminating in the past century with her Immaculate Conception. But dogmatically the constitution Munificentissimus Deus has a much deeper significance that de-serves to be recognized. Shortly before the actual definition but after its public an-nouncement, the Anglican bishops of England lodged a formal protest against the "new" dogma. "We profoundly regret," they said, "that the Roman Catholic Church has chosen by this action to increase dogmatic differences in Christendom and has thereby gravely injured the growth of understanding between Christians based on a common possession of the fundamental truths of the Gospel." The Anglican complaint was not a wild gesture. It exposed their radical opposition to the Church's authority over Christian doctrine, which I believe many Catholics ~do not fully appreciate. Pope Pius defined Mary's Assumption as a truth divinely revealed. Of the two sources of revelation, theologians com-monly say the Assumption was implicit in tradition, in spite of the practical absence of documentary evidence before 300 A.D. Some years before the definition, a scholarly work was published under Vatican auspices on The Silence of the Early Centuries on the Assumption of the Blessed Virgin Mary. The author frankly admitted that except for apocryphal sources we have no explicit witness in the early patristic age. Yet the Pope finally declared the doctrine was in revelation. How do we know? On the answer to this question rests a new insight into Christian tradi-tion which had been gaining momentum since the eighteenth century. Briefly stated, tradition is coming to be identified more and more with the Church's magisterium or teaching office and less exclusively as the genetic source, along with Scripture, of the truths of salvation. Behind this new emphasis is a development of dogma since the Council of Trent which reveals hidden depths of power in the Mystical Body of Christ. The Church is being seen more clearly as not only the guardian of a faith once and for 206 July, 1959 MARIOLOGY OF PIUS XII all given-to the Apos.tles, but as perpetual expositor of that faith in every age to the end of time. In August of the same year that he defined the Assumption, the Pope laid down the principles~ which guided the Marian defini-tion. The Church's teaching authority, he said in Humani generis, is not confined to reflecting or consolidating the past. It is also, ~nd especially, the vital, presetit-day function of an organism animated by the Spirit of God: "Together with the sources of revelation (Scripture:and tradition) God has given to His Church a living magisterium to elucidate and explain what is contained in the deposit of faith only obscurely :and, as it were, by implication," The degree of obscurity, we may add, is irrelevant. Given this faculty by her 0~:ounder, whose" Spirit of truth abides with her at all times, the Church can infallibly discern what belongs to revela-tion no matter how cryptic the contents may be. Consequently whenl Pius XII defined the Assumption, he did more than propose the doctrine for acceptance by the faith-ful or give them a new motive for devotion to the Blessed Mother. He vindicated as never before the Church's i~ower to authorize a legitimate development in doctrine .and pii~ty that scandalizes those outside the true faith and may even surprise b~elieving Catholics. The Assumption thus becomes part Of a'larger process, along with Catholic Action, the litui:gical movement and even such practical matters as the mitigated Eucharistic fast, in which the current problems of the Church and the present needs of souls are being met by the Holy Spirit: It was no coincidence that on the day following the Assump-tion d~finition the Pope expressed, the hope that this new honor to Mary would intrbduce "a spirit of penance to replace the' prevalent love of pleasure, and a renewal of family lifE, stabilized where divorce was common and made fruitful where birth control was practiced." If there is one feature that characterizes the modern world it is 'the cult of the body. Science and ingenuity exhaust themselves in providing for bodily comforts, avoidance of pain, and the.pampering of every sensual desire. Divorce and 207 JOHN A. HARDON Review for Religious birth control, lurid reading and entertainment are only symptoms of a deeper malady for which revelation provides at least one Certain remedy: faith in the resurrection of the body, for us on the last day as for Mary on the day of her departure from this life. Since the body is made to be immortal, it is infinitely im-portant to provide for its eternal happiness by discipline and sell control--because the alternative is also bodily immortality, but in hell, as the price of earthly pleasure against the will of God. The Immaculate Conception Three years after defining the dogma of the Assumption, Pius XII Called on the Catholic world to join in the observance of a Marian Year from December, 1953, to December, 1954, to commemorate the centenary of Pius IX's definition of the Immaculate Conception. He introduced the Marian Year with the encyclical Fulgens corona, whose doctrinal content went far beyopd the immediate purpose of proclaiming a season of special prayers to the Mother of God. According to the late Pontiff,. the Assumption was a conse-quence of the Immaculate Conception, not merely in the super-ficial sense of something suitable, but in the. strict logic of supernatural merit and providence. "These two singular privi-leges bestowed upon the Mother of God stand out in most splendid light as the beginning and the end of her earthly journey. ,For the greatest possible glorification of her virgin body is the comple-ment, at once appropriate and marvelous, of the absolute inno-cence of her soul which was free from all stain. Just as she took part in the struggle of her only-begotten Son with the serpent of hell, so also she shared in His glorious triumph over sin and its sad consequences." This correlation between the two mysteries has a long and respected theological history, which other statements of Pius XII indicate that he knew very well. Addressing the National Eucha-ristic Congress of Cuba in 1947, he acknowledged the petition which the Cubans 'had sent to the Holy See relative to Mary's 208 July, 1959 MARIOLOGY OF PIUS XlI Assumption. "This mystery must certainly be true, according to the mind of him who has rightly been called the Doctor Eximius, who teaches that this privilege is most eminently congruent with the innocence and purity of the Virgin Mary." The Doctor Eximius was Francis Suarez, the sixteenth-century theologian. whose Disputations on the Blessed Mother are the most exhaustive in classic Mariology. Again in the actual document of definition, the Pope referred to Suarez's conclusion that "the mystery of the Assumption was to be believed with the same firmness of assent as that given to the Immaculate Conception of the Blessed Virgin. Thus he already held that such truths could be defined." How are the Immaculate Conception and the Assumption related in Suarez, and by implication in Pius XII? Their rela-tion arises from the subtle but necessary connection between sin and its consequences in the after-life. The souls of the just in heaven, says Suarez, still desire and seek the glorification of their bodies. To the extent to which this is lacking to them, they are deprived of the perfection of beatitude, even though only in accidentals. When the soul of Mary, therefore, was separated t~rom her body, this hunger and desire for "the perfect perfection" were not absent. Being always full of grace, she had a title to perfect glory on leaving this world. And what Mary desired, she must immediately have obtained, in virtue of her exalted position and "by a mother's right." Therefore just as during her stay on earth she had never contracted the least stain ofsin, so after this life she was freed from every corruption and sequel that are the wages of sin. Her body was not to decay, nor was she to wait until the last day, as others who are sinners, to rise with her body from the grave. In the same document, Fulgens corona, the Pope made an-other association, this time a historical one, and not between the first and final mysteries in the life of the Blessed Virgin but be-tween the Immaculate Conception and the supernatural phe-nomena at Lourdes. In his judgment, "the Virgin 1QIary herself wished to confirm by some special sign the definition which the 209 JOH~ A. HARDON Review for Religious Vicar of Christ her divine Son on earth had pronounced amid the applause of the whole Church. Four years had not yet elapsed ¯ ~hen, in the French town at the foot of the Pyrenees, the Virgin Mother showed herself to a simple and innocent girl at the grotto of Messabielle, And to this same girl, earnestly inquiring the name of her with whose vision she was favored, with eyes raised to heaven and sweetly smiling, she replied, 'I am the Immaculate Conception.' " Following the original visions, thousands of peo-ple from every country in the world have made pilgrimages'to Lourdes, where "miraculous favors were granted them, which excited the admiration of all and confirmed the Catholic religion as the only one given approval by God." This judgment is highly significant. In the last analysis, a Catholic wants to prove that no other religion than his own is from God, he must invoke some principle by which any religious system can be tested and its divine authorization verified. Such a principle is the norm of miracles, which even the unlettered primitive can understand. It says simply that when God com-municates a revelation (as claimed in some form by every organ-ized religion), He will confirm the mysteries He reveals and make them rationally acceptable by working miracles in favor of the truths that He wants believed. Or put negatively, He will not work miracles in support of a pretended revelation because, as master of the miraculous, He would be actively cooperating in a lie. In the context of the Lourdes apparitions and the constant stream of preternatural wonders there granted by God, this means that what Lourdes stands for is perennially attested as true. The Immaculate Conception is a strict mystery, not even conceivable apart from revelation. Miracles are visible signs of divine inter-vention that lead the well-disposed to believe (or strengthen their belief) in what cannot be seen, on the argument that the same agency which produces the phenomena also revealed the doc-trine in whose atmosphere the phenomena take place. 210 July, 1959 MARIOLOGY OF P~us XII Mediatrix of Graces . The !ast element in the triad of Marian privileges to which Pius XII made a lasting theological contribution is Mary's role as universal mediatrix of graces. On the fourth anniversary of the Assumption dogma and in closing the Marian Year, the Pope instituted a new feast of the Queenship of Mary, for May 31, and in the encyclical Ad caeli Reginam elaborated on the basic principles that underlay Mary's royalty, namely, her unique posi-tion as liaison between Christ and the humar~ race. An examination of the teaching of the fathers of the Church since the rime'of Origen, Ephrem, and St. Jerome shows a prac-tical unanimity in regarding the mother of Jesus as sharing with Him, albeit subordinately, a truly royal dignity~. Ephrem called her "Empress and Ruler"; Origen, "Mistress and Queen"; the seventh ecumenical council spoke of her as "the Lady ruler ~of all Christians"; and in modern times, Benedict XIV gave her the title "Queen of heaven and earth." The ancient tradition is re-flected in the liturgy of the East which poetically addresses Mary as "carried into heaven on the. chariots of the cherubim, the seraphim wait upon thee and the ranks of the heavenly host bow before thee." Familiar hymns like the Salve Regina and prayers like the Litany of Loretto confirm the sentiments of Christian art since the Council of Ephesus (431 A.D.) which "portrays Mary as Queen and Empress seated upon a royal throne, adorned with the royal insignia, crowned with the royal diadem and surrounded by the host of angels and saints in heaven and ruling not only nature and its powers but also over the machinations of Satan." However, more important than the evidence of its traditional character is the dogmatic basis for Mary's queenship which the late Pontiff traced to her divine maternity and her association with Christ in the redemption .of the world. The Pope synthesized in bold analogy the Catholic doctrine which some theo.logians con-sider definable. The Blessed Virgin has not only received the grade of excellence and perfection which is supreme after that of Christ Himself but has also received some sharing 'of that et~icacy by which her Son and our 211 JOHN A. HARDON Review for Religious Redeemer is rightly and properly said to reign over the minds and wills of men. For if the word of God performs miracles and gives graces through the humanity He has assumed, if He employs the sacra-ments and His saints as instruments for the salvation oi~ souls, why should He not use His mother's office and efforts to bring us the fruits of the Redemption? We may transmit the comparison between Mary's intercessory power and that of other saints. Certainly if they can pray in our behalf and obtain favors we should not otherwise receive, how much more the Queen of Saints and the Mother of the Author of grace. The remarkable thing is to associate the Blessed Virgin's share in our Redemption with the humanity of her divine Son and to compare its efficacy with the function of the sacramental system. Both analogies are penetrating concepts. By relating Mary's role of mediatrix to the human nature of Christ, the Pope wished to emphasize what even Catholics are liable to forget, that while God can perform by His own power all that is effected by created natures, yet in the counsels of His providence He has preferred to help men by the instrumentality of other men- whose efficacy for sanctifying others depends on their proximity to the human nature assumed by the Son of God. Viewed in this light, the potentiality of the Blessed Virgin as an instrument of grace takes on staggering proportions. As the woman whose consent mad~ the Incarnation possible, who carried in her womb and brought into the world the Word made flesh, and whose association with Christ during His life and sympathy in death were the most intimate conceivable- her efficacy at the throne of God must be, without fear of exaggeration, "almost immeasurable in power." If we compare Mary's mddiation with the sacraments of the New Law, we gain a further insight into her place in the economy' of salvation. We know that on the level of sanctification nothing is more internal than heavenly 'grace which begets holiness; and yet the ordinary and chief means of obtaining grace are external, in the form of sacraments administered by men specially chosen for that purpose and by means of external rites. In baptism 212 July, 1959 MARIOLOGY OF PIUS XII there is pouring of water; in confirmation and extreme unction, anointing with oil; in orders, the imposition of hands; in matri-mony, the expressed acceptance by the two spouses; and in pen-ance, the vocal and visible absolution by the priest. All these actions are external and their agents are all human, but condi-tioned on their performance in the spirit of faith, such trans-cendent changes occur in the spiritual world as the removal of a life[ime of sin by a sign of the cross and the conversion of a piece of bread into the Body of Christ. ' The more clearly we see ho.w the Blessed. Virgin shares in this type of sacramental effciency, the less scandalized we shall be to say that "as God is the Father and Lord of the universe, preparing all by His power, so the Blessed Mary, repairing all things by her merits, is the ruler and mother of all." While re-maining subordinate to her Son as a creature to her Creator, she was instituted by Him on the cross as the great sacrament of His mercy and the visible sign of internal grace which He promised to those who, like Plus XII, "approach with confidence to the throne of our Queen and Mother to beg help in difficulty, light in dark-ness, and solace in trouble and sorrow." 213 Practice ot: t:he Noly See ,Joseph F. ~llen, S.,.J. CANON 509, § 1, obliges all superiors to inform their sub-jects of all decrees of the ~Holy See concerning religious and to enforce such decrees. The activity and mind and will of the Holy See are also revealed, and sometimes in a more practical manner, by approved constitutions and com-munications addressed to individual religious institutes. article drawn from these sources was published in the REVIEW FOR RELIGIOUS in 1953. This article is based on the same sources concerning lay institutes ~ from January 1, 1954. The order of material followed in the article is the usual order the chapters of constitutions of lay institutes. This is the third part of a series of three. 14. Dismissal. It is canonically interesting that the con-stitutions of an order of women, who recently received permis-sion to resume solemn vows, contain the following article: "A professed of either perpetual simple vows or of solemn vows who is dismissed from the institute is by this very fact dispensed from her vows of religion.''3° 1 5. The general chapter. (a) Convocation and members. A most interesting fact canonically is the appearance of a procuratrix general to handle the affairs of a pontifical congre-gation of women with the Holy See. The article in a set of constitutions recently approved by the Holy See reads as follows: "The procuratrix general resides in Rome and transmits the affairs of the congregation to the Roman Curia according to the intentions and directions of the institute. The procuratrix general has the right to attend the general chapter and to give her suffrage.''31 (b) Invitation of non-capitulars to the general chapter. Several constitutions of recent date empower the IBM., 16-1957-282. Ibid., 16-1957-114-16. 214 PRACTICE OF THE HOLY SEE superior general, either alone or with the advice or consent his or her council, to summon or invite the following non-capitulars to the general chapter: one or more religious ot: the same institute to .assist the secretary of the chapter as steno-graphers, other religious of the same institute to any session, and a priest or lay person to present and discuss a question of interest to the capitulars. It is evident that none of these are permitted to vote and that all such religious of the same institute are obliged to secrecy in the same manner as the capitulars. It seems prudent to add the observation that the capitulars should have sufficient time for discussion of a matter after such a consultant has left, since often they would at least hesitate to express their opinions fully before such a person, particularly if he or she is not a member of the same institute. I have seen such provisions only in recent constitutions; but some of them, for example, that on the stenographers, have been followed in fact by some institutes. Unless expressly forbidden by the particular constitutions, these ~. provisions may be followed by any institute, since they are not contrary to canon law and are entirely reasonable in themselves. In any revision of the constitutions, art institute should consider ar~ article of the following tenor: The superior general (or with the advice or consent of his or her council) may summon other religious to assist in the clerical or similar work of the chapter. He may also summon such religious and even invite an extem for consultation or to present and discuss questions with the chapter. None of these are permitted to vote, and all such religious have the same obligation as the capitulars to secrecy. (c) Delegates. i° Necessity of delegates. The Holy See de-mands a system of delegates for the general and provincial chapters and does not permit in centralized institutes what we may style a universal chapter, for example, that all the religious pf perpetual vows be members of the general or provincial chapter. This necessity was repeated in a recent reply to a quinquennial report. A system of delegates is also necessary 215 JOSEPH F. GALLEN Review for Religious now for the general and regional chapters of nuns. The neces-sity of delegates was emphasized in the REVIEW FOR RELIGIOUS, 10-1951-187-90. The elected delegates from a province to the general chapter are almost universally two, most rarely three or four. The Holy See has approved, eoen recently, variations of this norm, for example, "one or two delegates according as the province has less or more than a hundred members"; "one delegate for each province but two delegates for any province that exceeds three hundred." 2° Added delegates from larger houses. It has been practically universal that a larger house elected only one delegate, no matter l~ow many religious of active voice it contained. Added delegates were very rarely admitted, for example, one delegate for every twelve religious. There has been a greater willingness on the, part of the Holy See in recent years to permit such added delegates. However, one of the defects of the house system is that it puts a large and unwieldy number in the general or provincial chapter as the institute increases in size. This difficulty is evidently intensified by the system of added dele-gates. Furthermore, proportional representation is not de-manded. The business of a general chapter is not the interests or the affairs of a particular house or province but only those of the institute as a whole. The same principle is true of the provincial chapter. 3° New systems. A fundamental variation of the group system recently approved by the Holy See is as follows. A first list is made of all local superiors and a second of all the subjects with passive voice. The latter are arranged in groups according to horizontal precedence, that is, each group has a proportionate number of older and younger re-ligious~ Copies of the two lists are sent to every religious with. active voice. Each of these votes for a determined number of local superiors and a determined number of subjects from each group of the second list. Those with the next highest number of votes are the substitutes. Therefore, every such religious votes for all the local superiors and subjects who will 216 July, 1959 PRACTICE OF THE HOLY SEE be members of the general or provincial chapter. The system may be further varied by sending out the list of superiors first and including in the second list all local SUl~eriors not elected in the first election. The following is an example of another new system, which has been approved for at least two institutes by the Holy See. The superiors of all houses of at least twelve religious are members of the general chapter in virtue of their office. The number of delegates from the houses is apparently established by the superior general with the consent of his council. Let us suppose that twenty is the established number. Each religious Who has active voice votes for twenty delegates from the entire institute. A graduated value is given to this vote: for example, if Brother Francis is the first name voted for, he receives twenty points; Brother Robert, the last name on the same ballot, receives one point. Or the relative value can be computed as one and one-twentieth. The votes are necessarily sent in to the general council, and thus a relative majority decides the elections. Those with the next highest number of votes are the substitutes. One objection to this system is the complicated computation of the votes. Some have objected also to the fact that the local superiors are members of the chapter in virtue of their office and to the power of varying the number of delegates from the houses. Another institute proposed the same system to the Holy See; but the number of delegates, twenty, was fixed by the constitutions, no local superior was a member of the chapter in virtue of his office, the delegates could be either local superiors or subjects, and the same value was given to a vote for a religious no matter in what place his name was found on the individual ballot. The Holy See approved this proposed text with two exceptions, the number of delegates was reduced to fifteen, and the local superiors of houses of at least'twenty subjects were made ex officio members of the general chapter. (d) Preliminary sessions. Some recent constitutions, as also several approved in the past, command the superior general to give the general chapter a 217 JOSEPH F. GALLEN Review for Religious copy also of the last quinquennial report ~o the Holy See. (e) Postulation of superior general. The Holy See admitted the postulation of a mother gerieral for a third successivd six-year term but expressly excluded further postulation of the same religious. (f) Election of the general officials. 1° Election or appointment of the secretary general and bursar general. In a fairly recent communication to one institute, the Sacred Congregation stated that these two officials should be ex officio members of the general chapter because of their general knowledge of the institute. The validity of this reason is evident. .~It could be well appliedto some other offices, for example, the general supervisor of schools and studies. If elected, these two officials uniformly have such membership. The Holy See, also in recent years, has sometimes approved the appointment of either or both of these officials by the superior general with the consent of his council, in some cases with and in others without ex officio membership in the "general chapter. I personally doubt that a general chapter is a good judge ~f the specialized abilities demanded by these offices~32 It seems to me that the preferable policy is to appoint both of these officials with ex officio membership in the general chapter. 2° Incompatible offices. In the Former practice of the Holy See, one of the general councilors, except the first, could be elected also as secretary general; but the bursar general could not be a general councilor. Constitutions that contain this provision must evidently be observed. In constitutions more recently approved, the Sacred Congregation permits any of the councilors except the first to be also either secretary, or bursar general. One institute received an indult permitting the first councilor, or assistant general, to be also bursar general, provided that no inefficiency resulted to the first office. (g) Chapter of affairs. 1° Committees. An article of the following type is more efficient than the one usually found in constitu-tions: "At least two .weeks before the opening of the chapter, 32 Ibid., 10-1951-190-91. 218 July, 1959 PRACTICE OF THE HOLY SEE a committee of three or more chapter delegates, appointed by the mother general in consultation with her council, shall examine and prepare for the chapter all the matters submitted by the hohses for which the decision of the chapter is necessary. This committee shall classify all questions submitted and present them to the general chapter for action." 2° Public voting. The general norm of public rather than secret voting in this chapter is also more efficient and is contained in some recent constitu-tions, for example, "The business of the chapter will be settled by the majority of votes, by secret ballot if the majority of the chapter requests it." 3° Duration of ordinances of general chapter. The following norm of a set of constitutions recently approved is more reasonable than the one commonly found in constitutions: "The decisions and enactments of the general chapter remain in effect permanently unless amended or rescinded by subsequent chapters." 4° Duration of ordinances of a ,superior. At least two recent sets of constitutions state: "Every order gi~,en by a superior ceases to. bind on the expira-tion of his term of office." This should have been qualified. As Van Hove well states: "Many ordinances enacted from dominative power continue to exist on the cessation from office of the superior who established them, because they are im-plicitly renewed by his successor, who is presumed to intend that the customary order in a community continue to be observed until he changes it.''33 16. The superior general. The quinquennial report. The only article in this chapter of the constitutions that needs com-ment is that on the quinquennial report to the Holy See. Every religious institute is now obliged to make this report, for example, independent monasteries, independent houses, and diocesan congregations of men and women are also held to the report.34 The following comments were i:ound in the replies of the Sacred Congregation to several reports. Whenever a Van Hove, .De Leglbus Ecclesiasticis, I, n. 359, note 4; cf. Jone, Commen. tarium in Codicem Iuris Canonici, I, 46. REVIEW FOR RELIGIOUS, 15-1956-156~57. 219 JOSEPH F. GALLEIq Review for Religious pontifical document is mentioned, its date and protocol number should be given, for example, March 19, 1955, Prot. N. 6097/54. Each house should have a book of chronicles in which the principal events of the house are recorded and should also have its own files and archives. The acts of the general chapter, that is, the elections made and the ordinances enacted, not the minutes, should be sent to the Sacred Congregation by pontifical institutes. The following question also caused difficulty: "How do superiors see to it that the decrees of the Holy See which concern religious be known and observed by their own subjects?" This obligation is incumbent on all superiors by the prescription of canon 509, ~ 1. The Sacred Congregation was dissatisfied with many replies to this question. It seems to me that the answer was easy with regard to knowledge, i. e., all houses subscribe to the REVIEW FOR RELIGIOUS, in which such documents are explained, and all houses have the fol-lowing work, in which the text of such documents is given in Eng-lish, Bouscaren, Canon Law Digest, I-IV (The Bruce Publishing Company, Milwaukee). Circular letters of higher superiors should call the attention of their subjects to such documents and insist their observance. Their enforcement should also be part of the ordi-nary government of all superiors, should be included in the reports of lower to higher superiors, and be investigated and insisted on in the canonical visitations of higher superiors. Since the Sacred Congregation insists even on local archives, it seems to me that a religious institute should always be given the original rescript from the Holy See that concerns it or at least a photographic copy of such a rescript, and not a mere summary in English of the contents of the rescript. The names of the prefects and officials of the Roman congregations who sign rescripts are often most inaccurately stated and trans-lated into English by lay religious. This is true of the name, the title, and the office. These mistakes are frequently quite public, for example, on the documents appended to the con-stitutions. Those who transmit rescripts should translate these 220 July, 1959 PRACTICE OF THE HOLY SEE names into English for .lay religious. An indecipherable signa-ture can usually be. determined by cgnsulting the Annuario Pontificio. It would help if the signature were fully typed out on the original document below the written signature. 17. The general council. (a) Superior alone governs. Many constitutions, old and new, contain an article of the following tenor: "The congregation shall be governed by a superior general and four councilors." This is an error. The superior alone governs an institute, a province, or a house. The councilors are not associates in authority but advisers. Therefore, such an article should be more accurately phrased, as in the following recently approved constitutions: "Although the superior general must ask the opinion of the general council in matters of greater importance and must sometimes secure its consent, nevertheless, she issues all ordinances in her own name because she alone possesses the right to govern the congregation." (b) List of what a superior may do without the advice or consent of his council. Several constitutions, even some recently approved, contain such a list. This seems to me to be entirely superfluous. It is immediately evident that a superior has the right to govern completely unassisted except for the matters reserved by canon law or the constitutions to higher authorities or that from the same sources demand the con-sent or advice of his council. 18. The secretary general. Many constitutions keep repeat-ing, especially of the secretary, secondlyof the bursar, and lastly of the novice master, that he has no right to vote in a general or provincial council unless he is also a councilor. Isn't this evident? Are we vdry likely to affirm that anyone has the rights of an office that he does not possess? 19. The bursar general. Even recent constitutions continue to speak of a safe locked by three different keys in general-ates, provincialates, and local houses. One of those keys is to be kept by the superior, the second by the assistant, the third by the bursar. All three must therefore be present to open the 221 JOSEPH F. GALLEN Review for Religious safe. How efficient is such a safe? How possible is it even buy such a safe? Religious institutes continue also to put determined sums in their constitutions, for example, the amount in extra-ordinary expenses for which recourse is necessary to the superior general. The changing of such an amount is a change of the constitutions and will demand the permission of the Holy See for a pontifical institute and that of all the ordinaries in whose dioceses the.institute has houses in the case of' a diocesan con-gregation. It would be sufficient and more practical to say, "according to the norms established by the general chapter." Such amdhnts may then be changed by any subsequent chap-ter. A recent set of constitutions enacts: "In the houses en-trusted with parish schools or other establishments which are responsible to ecclesiastical or lay administrations and where the sisters receive a fixed salary, the funds shall be .kept and admin-istered as indicated in article . ., except that any surplus shall be paid annually into the provincial fund." This matter was explained in the REVIEW FOR RELIGIOUS, 14-1955-329. The article on alienation no longer contains the 30,000 t~rancs or lire, or $6,000, of canon 534, § 1 but is phrased, "of a value that exceeds the sum established by the Holy See." 20. Local houses and superiors. A recent set of constitu-tions states: "Though the sisters ought to be desirous of embrac-ing all human misery and of drawing the whole world to the service of God, nevertheless, the congregation shall not establish new houses if, in those already existing, there is not a sufficient number of sisters to insure that not only the works of mercy can be carried out adequately but also that religious observance can flourish." The last clause might well have been amended to: that religious observance and a normal human life can flourish. This very practical matter was commented on in the REVIEW FOR RE~LIGIOUS, 17-1958-121-22. Canon 516, § 1 demands that councilors be had in every formal house and favors or recommends councilors also in smaller houses, In several replies to quinquennial reports, the Sacred Congregation insisted on 222 July, 1959 PRACTICE OF THE HOLY SEE the appointment of local councilors and that local council meet-ings be held with the frequency commanded by the constitu-tions. Insistence was also placed on the law that a local superior should not be the local bursar except in a case of necessity (c. 516~ § 3). A recent set of constitutions makes the prac-tical and necessary observation that everything said about local superiors applies also to the local superior of the 'mother house. The presence of a higher superior does not diminish the author-ity nor lessen the duties of this local superior. One order of nuns and two congregations of sisters have indults that dispense them from the law of canon '1306,§ 2, that is, that purificators, palls, and corporals used in the sacrifice of the Mass must be first washed by a cleric in major orders.3~ 21. The constitutions. The only thing noteworthy under this chapter in the present practice of the Holy See is a fre-quent addition to the norm on the obligation of the constitu-tions. It has always been evident that a divine or ecclesiastical law repeated in the constitutions retains the obligation it has in itself, that is, it obliges under sin according to the matter. The same obligation is equally evident of any action that falls under the vows. It has been the universal practice to declare that the other articles of the constitutions did not immediately oblige under sin but under the penalty imposed for their infraction. It was also universally stated that sin was committed in the violation of such articles by a sinful motive or by a violation that caused scandal. The following qualification is now fre-quently appended to the norm for these other articles: "The articles concerning government and the fundamental norms that determine the necessary functions or the duties and offices by which government is exercised, as also the articles that enact and consecrate the nature, spirit, and special purpose of the congr.egation oblige immediately in conscience according to the matter." This qualification is evidently taken verbatim from Ibid., 15-1956-101. 223 JOSEPH F. (~ALLEN Muzzarelli, Acta et Documenta Congressus Generalis de Statibus Perfectionis, I, 540. It does not seem to me to be too clear nor too precise. It "should be added here that a considerable number of both pontifical and diocesan congregations have made a general revision of their constitutions in recent years. 224 A Lit:e Table t:or. Religious Priest:s 1953-1957 Francis C. Madigan, S.J. THE JANUARY 1955 REVIEW FOR RELIGIOUS carried an article by Sister Josephina, c.s.J., on the average age at death of sisters in two communities of religious women, presumably of her own congregatmn1 . In view of the interest of religious, and particularly of religious superiors, in Sister Josephina's stat", s"tLcs, the writer believes that readers of the REVIEW will be equally interested in a life table setting forth the mortality experience of a large community of religious priests2 whose headquarters are located in New York City and whose principal field of operations embraces New York State ¯ and northeastern New Jersey.3 Some comments on life tables and their use are in order. First of all, they are based not on death records only, but on the proportion of deceased members to living members, for each age gr6up and calendar year studied. The present table gives average figures t:or the calendar years 1953-1957. Secondly, life tables are an accurate barometer of health conditions prevailing in the particular group to which they relate. They permit direct and unbiased comparisons of the mortality of this group with that of other groups through the mortality rates and expectations of life developed in the tables. Superiors of similar groups of priests should find these mortality rates and expectations of life helpful in coming to decisions about the number of men that must be prepared to keep certain lines of work adequately staffed. The table will also prove useful in determining whether health conditions in 1Sister Josephina, C.S.J., "Longevity of Religious Women," Review [or Religious, XIV, I (January, 1955), 29-30. 2Priest was defined for the purpose of the study to mean. both ordained priests, and religious seminarians ("scholastics") studying for the priesthood. 3There were 1247 priests in this community on June 30, 1955, which was the midpoint of the study. The main work engaged in by the members is education. 225 FRANCIS C. MADIGAN Review for Religious their community are satisfactory both in general and in regard to any particular age group. Some time ago through the use of such a table the superiors of a certain religious community found that the number of deaths yearly experienced in their scholasticate was entirely out of line with expectations, and upon investigation they found that certain health measures relating to diet and housing were being overlooked. Correction of the situation resulted in an immediate lowering of the death rates for the affected age groups. The table may also be of assistance to superiors, in another way. Of late a number of communities have been consider-ing or have actually bought group insurance for their members. The mortality rates and expectations of life in the table should prove helpful both to these communities and to insurance companies in determining what is a fair premium. The use of the table is simple. In the leftmost colunm one finds the age in which he is interested. Following this age across .its row, he comes first to the mortality rates. These are given for both five-year and one-year periods, and for the five-year periods, in terms of both observed and graduated rates. The observed rates are placed next to the age beginning the precise period to which they refer, as are the one-year graduated rates. The graduated five-year rates are placed in parentheses two lines below the observed rates and refer to precisely the same period of time as the observed rates. These mortality rates are probabilities of dying during the period 'specified for those priests who were alive on the birthday mark-ing the beginning of the period. In using the table to compare the probabilities of dying at any particular ages, it is better to use the graduated rather than the observed rates. This is because the latter rates con-tain fluctuations from age to age due to chance variation, whereas the former represent, as closely as can be determined by study, the general law of mortality, which seems to underlie the observed fluctuations of a particular set of rates. A priori we would expect mortality to follow a smoothly rising curve 226 July, 1959 A LIFE TABLE with the advance of age, and graduation is based on this expectation, while at the same time it attempts to keep very close to the original rates observed at each age. For example, if the age-specific mortality rates observed during the period 1953-1957 should continue in effect, we would expect an average oi~ 5.5 priests to die (on the basis of the graduated rates) before their fortieth birthday, out ot~ every thousand priests alive on their thirty-fifth birthday. However, in the general public we would expect thirteen out of every thousand to die during the same period.4 During the one-year period from their thirty-fifth to their thirty-sixth birthday, we would expect only one priest to die out of every thousand. The reference, of course, is only to priests of the community studied. How might a superior compare the experience of his own community with that of the priests described? He could do this by relating the number of deaths at any particular age in a calendar year to the number of persons in his community who had been of that precise age on their last birthday. Divid-ing the i~ormer by the latter would give the one-year probability of dying. Similarly, he could find the five-year probabilities of dying by relating members who had died within a specific five-year age bracket in the calendar year to the number of members of his community who were between these ages at the start ot~ the year. Rough approximations could be used if only ~ general picture of the mortality rates of the community is ~lesired, while more careful methods might be employed to nvestigate the records of age-groups which seem to have un- _~sually high mortality. Of course, unusually high mortality rates for a particular ~-ge-group may represent simply fluctuations due to chance. ~,ccordingly, it is well to combine the results of the observation ,f several calendar years, as these average rates will show fewer --xtremes due to mere sampling variation. It would not be 4The comparison is not perfect since the rates of the general public are "or 1954, rather than 1955 which is the mid-year of the period studied for ¯ riests. However, it is close enough to make differences inconsequential. 227 FRANCIS C. 1V[ADIGAN Review for Religious wise, however, to average more than ten years' experience be-cause of the change in medical techniques that takes place over that length of time. These affect the death rates. The column next after the white male mortality rates fifth column) shows the number of priests who survive to each quinquennial birthday out of 100,000 priests alive on, their fifteenth birthday. By mentally shifting the decimal point, can be converted into the number left alive out of 100. (Multi-plying by the proper multiple would give the number left out of 200, 300, 400, and similar numbers.) This column might prove helpt~ul to superiors in endeavoring to forecast size of a certain age group some years from the present. For example, one might get some idea from it of the number priests ordained today who would be expected to be still alive in twenty or thirty years, if we assume that these priests roughly of the same age. The following column (sixth), which gives the number of priests dying in each successive five-interval out of the original group of 100,000, might also prove helpful in this connection. The seventh column will probably not be particularly use-ful to superiors or other interested religious. It is included because of its relation to the following column. This seventh column presents the remaining total number of years of to be lived by the surviving members of the original 100,000 priests up to the time when the last survivor dies. The last column presents probably the most useful set figures in the table. These expectations of life are found dividing the total number of years to be lived (column by the number of persons surviving to start the period (column 5) at any particular age. The first expectation, at age 15, sums up the entire mortality and longevity experience of whole cohort of 100,000 priests, and is directly comparable t.h~ experience of other groups of persons at age 15. Expecta-tions of life at succeeding years sum up the entire experience t~rom that age onward to the death of the last member. 228 July, 1959 A LIF~- TABLE The expectation of life is the average remaining number of years to be lived by priests surviving to some particular specified age. For example, priests studied in this table had at 30 years of age an average remaining lifetime of 38.5 years while white males of the general public had only 36.4 years of life remaining. Care must be observed, however, in drawing conclusions from column eight. Because one has noted that the average lifetime of priests is greater than that of white males of the general population, he should not conclude that the oldest ages reached b)~ individual priests necessarily exceed those of the most long-lived members of the general population. As a matter of fact, the opposite is true because of the greater numbers in the general population and the greater resultant probability of extreme cases. The difference in average length of life is pri.ncipally due to the fact that a larger number of the general population die before reaching old age. For this reason one will notice that the expectations of life at ages above 60 do not differ as much as do the expectations at the younger years. A second caveat refers to the fact that the mortality rates and the expectations of life refer to statistical averages. We cannot be sure of any particular person or persons that their lives will be as long or short as the mathematical averages. For example, the expectation of life of priests aged 30 is 43.5 additional years of life. However, any particular priest might be killed tomorrow in an automobile accident, or on the other hand he might live considerably beyond the average expecta-tion of life. The same is true of any small group of priests, where sampling variations due to health or accident might be very large. In addition, one should bear in mind that as time goes on, health conditions continually improve. At least this has been the experience of the past hundred years. Thus one would expect that in 1958 a priest's expectation of life would be slightly better for any particular age than it was between 1953 and 1957, and that his chances of dying during any one-year or five-year interval would be correspondingly less. 229 FRANCIS C. ~V[ADIGAN Review for Religious Table 1. Life Table of Large Community of Religious Priests with Headquarters in Northeastern United States, for the Period 1953-1957, with Mortality Rates For Five-Year and One-Year Periods and Expectation of Life by Single Years of Age, Compared for Five-Year Age Groups with United States White Males, 1954. Priest Priests Total Survivors Dying Years Expectation MortaLity Beginning During Lived by of Rates Each Each Priesr~ Life Age 5-Year 1-Year 5-Year Five-Year Five-Year at Ages ¯ Priests U~S. Interval Observed~ Graduated U.S. Male Interval, Interval and Above Male 15-16 .00000 .00068a .00610b 100,000 0 5,797,816 57.98 55.0 16-17 .00068 56.98 17-18 (.00339)c .00068 55.98 18-19 .00068 54.98 19-20 .00068 53.98 20-21 .00549 .00068 .00890 I00,000 549 5,297,816 52.98 50.3 21-22 .00069 52.04 22-23 (.00349) .00070 51.09 23-24 .00070 50.15 24-25 .00071 49~20 25-26 .00578 .00073 .00800 99,451 575 4,799,069 48.26 45.7 26-27 .00074 47.31 27-28 (.00379) .00076 46.36 28-29 .00077 45.42 29-30 .00079 44.47 30-31 .00000 .00082 .00900 98,876 0 4,303,365 43.52 41.1 31-32 .00085 42.52 32-33 (.00439) .00088 41.52 33-34 .00091 40.52 34-35 .00094 39.52 35-36 .00628 .00099 .01300 98,876 621 3,808,975 38.52 36.4 36-37 .00106 37.57 37-38 (.00549) .00111 36:61 38-39 .00115 35.66 39-40 .OOll8 34.70 40-41 .00683 .00125 .02080 98,255 671 3,316,009 33.75 31.8 41-42 .00136 32.79 42-43 (.00757) .00149 31.83 43-44 .00166 30.88 44-45 .00186 29.92 45-46 .03874 .00214a .03530b 97,584 3,780 2,825,753 28.96 27.5 46-47 .00248 28.17 47-48 (.01490)e .00290 27.38 48-49 .00342 26.60 49-50 .00404 25.81 50-51 .03177 .00484 .05600 93,804 2,980 2,346,801 25.02 23.4 51-52 .00566 24.17 52-53 (.03333) .00661 23.32 53-54 .00773 22.46 54-55 .00899 21.61 July, 1959 A LIFE TABLE Mortality Age ~-Year l-Year 5-Year Interval O~serveds Graduated U.,S Male 55-56 .02900 .01058 .08380 56-57 .01231 57-58 .06765) .01374 58-59 .01545 59-60 .01727 60-61 61-62 62-63 63-64 64-65 65-66 66-67 67-68 68-69 69-70 70-71 71-72 72-73 73-74 74-75 Priest Priests Total Survivors Dying Years Beginning During Lived by Each Each ~ Priests Five-Year Five-Year at Ages x Interval Interval and Above 90,824 2,634 1,885,471 .09036 .01960 .02205 ¯ 11805) .02450 .02750 .03051 .12700 88,190 7,969 1,436,896 .28666 .03586 .03795 .19084) .04125 .04452 .04795 .13382 .05225 .05650 .273.10) .06150 .06685 .07150 ¯ 18570 80,221 22,996 1,011,626 ¯ 24920 57,225 7,658 668,076 75-76 76-77 77-78 78-79 79-80 80-81 81-82 82-83 83-84 84-85 Expectation of Life Priests U.S. Male 20.76 19.6 19.87 18.97 18.08 17.18 16.29 16.2 15.54 14.82 14.08 13.35 12.61 13.1 12.42 12.23 12.05 11.86 11.67 10.5 10.95 10.24 9.52 8.81 .45904 .07650 .35440 49,567 22,753 401,147 8.09 8.2 .08200 8.04 .35495) .08500 7.98 .08750 7.93 .08870 7.87 .36387 .09051d .48470 26,814 9,757 209,757 7.82 6.3 .O9149 7.46 .38689)e .09311 7.12 .09452 6.76 .09642 6.41 85-86 .39950 .10116 17,057 6,814 103,400 6.06 5.1 86-87 .10653 87-88 (.45904) .11340 88-89 .12299 89-90 .13367 90 and 1.00000e Above 1.0000e 10,243e 10,243e a The life table is based on the observed rates. These rates are for five-year periods. b The mortality rates for U. S. males, 1954, are for five-year periods. In the source they are given only to four places. A zero was added to each to assist the eye in comparisons. e The rates given in parentheses are five-year, graduated rates for priests. They are for the iame five-year period as the observed rate immediately above them. d The one-year graduated rates give the probabilities of dying during the next year, for persons of this exact age. ¯ o This final interval is not one if five years, but continues till the death of the last survivor. Source for the life table values of United States white males, 1954: National Office of Vital Statistics, "Abridged Life Tables. United States, 1954," Vital Sta-tistics- Special Reports, National Summaries, 44, 2 (May 15, 1956), 38. 231 Survey Roman Documents R. F. Smith, S.J. IN THE FOLLOWING survey those documents will be summarized which appeared in Acta Apostolicae Sedis through February and March, 1959. All page references throughout the survey will be to the 1959 ~AS (v. 51). Synod and Council On the Feast of the Conversion of St. Paul, January 25, 1959, His Holiness John XXIII, together with the cardinals present in Rome, participated in the closing of the Church Unity Octave at the Basilica of St. Paul Outside the Walls. After the ceremonies the Vicar of Christ delivered a private but solemn allocution (AAS, pp. 65-69) to the assembled cardinals. After telling them of his awareness of his duties both as Bishop of Rome and as Pastor of the universal Church, the Pontiff remarked that the diocese of Rome needs an increase of energy as well as a coordination of individual and collective efforts, if a more abundant harvest of souls is to be gathered. Moreover, he continued, the entire world has its needs; for though the grace of Christ continues to achieve its victories, still there are many who refuse to believe in Christ, immerse themselves in exclusively eartldy pursuits, and under the inspiration of the Prince of Darkness wage active opposition against what is true and good. To meet these needs, the Pope. said, there must be revived certain ancient forms of doctrinal affirmation and ecclesi-astical discipline which have in the past proved their ability to clarify thought, to increase religfous unity, and to reanimate Christian fervor. "Venerable Brothers and beloved Sons! Trembling a little from emotion but nevertheless with a humble resoluteness of purpose, We announce in your presence the name and proposal of a double celebration: that of a diocesan synod for the City and that of an ecumenical Council for the universal Church." After mentioning briefly that among other results of these two endeavors, there would be effected the hoped for revision of canon law, the Pontiff concluded his allocution by recommending his two proposals to the care of the Blessed Virgin and the saints of heaven. Previously on the same day and during the Solemn Mass that closed the Unity Octave, HIS Holiness had delivered a homily (AAS, pp. 70-74) in which he emphasized that the Church's linking of St. Paul with St. Peter should be a symbol of the unity of the bishops, 232 I~OMAN DOCUMENTS successors of the apostles, and of the faithful with the successor of St. Peter. It is from this unity, he concluded, that there will flow to the world the liberty and peace it desires. Closing of the Lourdes Centenary On February 15, 1959 (AAS, pp. 135-39), the Holy Father delivered an allocution in the Basilica of St. Mary Major to mark the end of the Lourdes centenary for the city of Rome. After reminding the Romans that the adoration of Christ is always the center of every form of devotion to Mary, HIS Holiness once more recalled to his listeners the permanent message of Lourdes: confident prayer of petition, exercise of penance, and solid piety manifested in the form of pilgrimages. These pilgrimages, he continued, whether to Lourdes or to the thousands of other shrines of our Lady, are not to be regarded as pleasure trips nor as the satisfying of some vague religious feeling; rather they should recall the eternal truths of life and- purify the soul so as to better fit it to appreciate the eucharistic banquet. In our prayer of petition, he went on, we need not fear to ask for temporal gifts; but our requests should not begin or end with these, for the goals of our life and the means thereto far exceed such things. Finally, he pointed out, because of the threefold concupiscence to be found in man, human beings need disci-pline and penance; accordingly there can be no Christian without the exercise of penance. The Holy Father concluded the entire allocution by lamenting the moral disorders that are multiplying at the present time and urged the faithful to petition heaven that good sense may return, that the faith may revive, and that perseverance never grow slack. Three days later on February 18, 1959 (AAS, pp. 144-48), the Pontiff sent a radio message to Lourdes and to the entire world for the conclusion of the centenary year, considering in it the message to be found in the life of St. Bernadette. Bernadette, he said, once more proves the statement of St. Paul (1 Cor 1:27-28) that. God chooses the weak things of this world to ~onfound the strong. Our generation, tie continued, has made admirable scientific progress, and humanity has been seized with a sense of pride at the possibilities now opening to the power of man. But, he added, St. Bernadette recalls to us our need for humility and prayer and reminds us that from Lourdes there comes a call to penance and to charity, a call to detach ourselves from riches and to teach us to share with those poorer than ourselves. Later during the same day (AAS, pp. 140-43) the Pope delivered an allocution to a group of Frenchmen in the Church of St. Louis, King of France. He recalled the long and noble history of Catholicism in France, noting that that history had culminated in the appearances of 233 R. F. SMITH Review for Religious Mary at Lourdes. Having remarked that in the plans of Divine Provi-dence each nation has its own special mission, he went on to describe the mission of France in the phrase: The country of France is the country of Mary. He concluded by reminding his listeners that the last previous Pope who bore the name of John was a Frenchman. Further Documents and Speeches Under the date of February 6, 1959 (AAS, pp. 129-35), John XXIII sent an epistle to the archbishops, bishops, and other local ordinaries of Italy in commemoration of the twentieth anniversary of the death of Pius XI and thirtieth anniversary of the Lateran Pact. In the epistle John XXIII recalled that in the last months of his life Plus XI had planned a plenary meeting of all the bishops of Italy and had in fact begun the composition of the talk he intended to give at the meeting. Sickness and death prevented the completion of the speech, but the unfinished manuscript furnishes us with sufficient knowledge of the last thoughts.of Pius XI. The first subject Pius XI had chosen to consider was that of the care that bishops should have for their seminaries. He reminded them of the need to watch over their seminaries vigilantly even in little matters; he particularly stressed the necessity of sustaining the rectors of seminaries in their severity in admitting candidates and in later promotions to orders. The next p.oint in the projected speech was a warning to the bishops that they should not be surprised if their words were often twisted and misinterpreted. (It should be remembered that Pius XI was writing when Fascism was at its height in Italy.) At this point in the manuscript, John XXIII noted, the writing becomes shaky and confused. But there was still enough strength in the dying pontiff to write a paragraph on the tenth anniversary of'the Lateran Pact. The paragraph is a moving and eloquent one, the dying Pope addressing the relics of the Princes of the Apostles, calling on them to exult because God has returned to Italy and Italy to God, imploring them to prophesy the perseverance of Italy in the faith, and ending with a desperate plea for peace for the entire world. These, remarked John XXIII in conclusion, were the last recorded thoughts of a great Pope. On January 18, 1959 (AAS, pp. 74-79), John XXIII delivered an allocution at the Gregorian University to the assembled professors and students, emphasizing how the very name of the institution recalls the glorious memory of Pope Gregory XIII, who during his pontificate from 1572 to 1585 effected the full restoration of Christian discipline in the Church. 234 July, 1959 ROMAN DOCUMENTS On January 30, 1959 (AAS, pp. 80-81), the Pope addressed members of the Christian Union of Business Executives and Managers. I-Ie regretfully reminded his audience that th~ ~rror still persists that industrial production inevitably involves the conflict of divergent interests. Actually, he said, executives, managers, and workers are not irreconcilable antagonists; rather they are cooperators in a common work which requires mutual comprehension and a sincere effort to overcome the temptation to seek only one's own profit. Under the date of January 17, 1959 (AAS, pp. 149-51), the Vicar of Christ sent a written message to the school children of the United States. His message, the Holy Father wrote, was one of love: God's love for all mankind and man's duty to love God in return and his neighbor for His sake. He urged the children to show their love for children less fortunate than themselves by praying for them and by giving them all possible material aid. Miscellaneous Matters In the issues of AAS under consideration there¯ are several docu-ments which concern Catholics of the Byzantine rite. By the apostolic constitution Singularern huius, dated May 10, 1958 (AAS, pp. 97-98), an exarchate was erected in Australia for Ruthenians of the Byzantine rite; Sydney was designated as the see of the exarchate. A later decree of the Sacred Congregation of the Oriental Church, dated December 12, 1958 (AAS, pp. 107-108), extended the jurisdiction of the exarchate to Ruthenians living in New Zealand and Oceania. A second decree of the same congregation and under the same date (AAS, p. 108) changed the see of the exarchate from Sydney to Melbourne. Byzantine Rite Catholics of Ukrainian origin living in the United States were the object of the apostolic constitution Apostolicam hanc, issued July 10, 1958 (AAS, pp. 156-57). The constitution raised the exarchate of ~Philadelphia to metropolitan status, while the exarchate of Stamford (Connecticut) was made an eparchate. The two together now form a new ecclesiastical province. AAS, pp. 112-13 and pp. 163-64, gives the original texts of two prayers composed by John XXIII for the Church of silence and in honor of the Eucharistic Christ. An English translation of the prayers is given elsewhere in this issue. The last document to be considered is a decree of the Sacred Congregation of Rites issued on August 11, 1958 (AAS, pp. 160-62). The decree approves the introduction of the cause of the Servant of God Clara Fey (1815-1894), foundress of the Sisters of the Poor Child Jesus. 235 Views, News, Previews FROM JULY 31 to August 7, 1960, there will be held the thirty-seventh World Eucharistic Congress, in Munich, Germany. The first four days of the Congress (Sunday, July 31, to Wednesday, August 3) will consist chiefly in conventions of Catholic organizations and g.roups, while the last four days (Thursday, August: 4, to Sunday, August 7) will emphasize liturgical and devotional services centered around the Mass and the Blessed Sac~:ament. Catholic associations who intend to hold meetings during 1960 are requested to hold the meetings in Munich during the days of the Eucharistic Congress. Inquiries about the Eucharistic Congress should be directed to the following address: Generalsekretariat des Eucharistischen Weltkongresses, Maxburgo strasse, 2, Munich, Germany. A community of sisters in New Hampshire has asked that the following communication be printed in the pages of REVIEW FOR RELIGIOUS. "Perhaps some of the religious superiors of sisters in the eastern states would appreciate knowing of an ideal rest and nursing home for sisters desiring complete rest and an opportunity of regaining lost health. As far as we know, it is unique, in that regular medical attendance forms one of the necessary advantages of this quiet and well organized rest home . This home is well furnished and comfort-able, but not luxurious -- so that sisters would quite naturally feel right at home. Rates and information will be furnished on request from Reverend Mother Superior, St. Margaret's Convent, Rest-a-While Building, Gabriels, New York." The twentieth annual North American Liturgical Week will be held under the patronage of Most Reverend Leo A. Pursley, Bishop of Fort Wayne, at Notre Dame University, from Sunday afternoon, August 24, to Wednesday evening, August 27. The theme of the Week will be "Active Lay Participation in the Liturgy according to the Instruction of September 3, 1958." A guest of distinction, who has announced his attendance at the Week, will be James Cardinal Lercaro, Archbishop of Bologna. Room accommodations during the Week will be provided at nominal charge. F.or information regarding such accom-modations write to: Father William Leonard, S.J., Boston College, Boston 67, Massachusetts. It is a pleasure to announce a new magazine which will be of interest to religious. The title of the magazine is Lasallian Digest, a quarterly which began publication in Fall, 1958. The quarterly not only provides informative articles concerning the history, spirituality, 236 VIEWS~ NEWS, PREVIEWS and educational philosophy of the Brothers of the Christian Schools; but it also includes general articles that will be of value to all religious" engaged in educational work. The address of the magazine is: Lasallian Digest, Mont La Salle, Napa, California. The second World Sodality Congress will be held from August 20 to August 23, 1959, at Seton Hall University, South Orange, New Jersey. All sodalists, directors, and moderators, whether members of federations that are affiliated to the World Federation of Sodalities or not, are invited to send representatives to the Congress. Youth sodalities are requested to send only members who are at least sixteen years of age. The theme of the Congress will be "The Vocation of Sodalists of Our Lady in the Crisis of the World Today." Further information concerning the Congress can be obtained by Writing: World Congress of Sodalities of Our Lady, 101 Plane Street, Newark 2, New Jersey. A special leaflet missal containing the Mass of St. Joseph the Workman and designed especially for use at Labor Day Masses is being published by the Catholic Council on Working Life (21 West Superior Street, Chicago 10, Illinois). The missal will be set in large, easy-to-read type with special drawings of men and women at work in a variety of occupations and professions. The leaflet will be ready for shipment on August 1, 1959. Single copies of the leaflet will cost fifteen cents; reduced prices on quantity orders may be obtained by writing the Council at the address given above. The Little Brothers of Jesus hope to begin a new quarterly to be called ~lesus Caritas; the title was a favorite phrase and emblem of P~re de Foucauld whose spirituality the Brothers continue and prolong. A French magazine of the same title has been in existence for some time and in the fall of 1958 a trial issue of an independent but similar English magazine under the same title was issued. The theme of the first issue was "The Gift of Friendship." The new magazine promises to enrich English spiritual reading, since it will mediate the spirituality of the famed Pbre de Foucauld. Persons interested in the magazine should contact: Brother Roger, 24 Autumn Grove, Leeds 6, England. Marquette University, 1131 West Wisconsin Avenue, Milwaukee 3, Wisconsin, announces an Everett Curriculum Workshop which will grant three semester hours of graduate credit in education. The Work-shop, under the direction of Sister Elizabeth Ann, I.H.M., of Immaculate Heart College, Los Angeles, will explore the application of the Everett Report on Sister Formation to the needs of communities of sisters. 237 QUESTIONS AND ANSWERS Review for Religious It has been designed specifically for directresses of study and for the administration and faculty of juniorates and scholasticates (college level) of sisterhoods. The Workshop has been scheduled for the mornings and afternoons of August 6 to August' 26, 1959. It is open only to sisters; the fee is $36. Inquiries concerning the Workshop should be directed to Dean John O. Riedl of the Graduate School of the University. ( ues!: ons and Answers [The following answers are given by Father Joseph F. Gallen, S.J., professor of canon law at Woodstock College, Woodstock, Maryland.] --20-- The constitutions of our pontifical congregation, approved recently, state three times that a religious who is legitimately dismissed is by that fact freed of all her religious vows. This statement is found after the articles on the dismissal of a professed of temporary vows, those on the dismissal of a professed of perpetual vows, and finally after the article on the automatic dismissal of canon 646. I thought that repetition was to be avoided in constitutions. Wouldn't it be much simpler and less confusing to state once that a sister professed of perpetual or temporary vows who has been legitimately dis-missed is by that very fact freed of all her religious vows? The Code of Canon Law itself, in virtue of canon 648, frees a professed of temporary vows, as soon as the dismissal is effective, from all the vows of his religions profession. The code itself (c. 669, § 1) does not free a religious of perpetual vows from the vows of religious pro-fession by the very fact of his dismissal. Such a liberation may be effected by a provision of the particular constitutions, and constitutions approved in more recent years usually contain this provision. (REVIEW FOR RELIGIOUS, September, 1957, 275, 282, 288) The evident reason therefore for the threefold statement is that the Sacred Congregation is opposed to the admixture of canonical with non-canonical matter in the one sentence. However, excessive repetition is to be avoided in the constitutions, and the present repetition is especially unfortunate because it occurs within the same chapter of the constitutions. In one official document, the Statutes for Extern Sisters of Monasteries of Nuns, n. 121, the Sacred Congregation of Religious itself stated this effect in the one article: "A sister legitimately dismissed according to the norm of the preceding articles is by that very fact freed of all her religious vows, whether temporary or perpetual." The Sacred Congregation of the Propagation of the Faith follows exactly the same principle in its typical constitutions for diocesan missionary congregations, n. 128. 238 July, 1959 QUESTIONS AND ANSWERS 21 Our pontifical constitutions state: "The written declaration of the profession, whether temporary or perpetual, signed by the professed sister, by the mother general or her delegate, in whose presence the profession was made, and by two other sisters as witnesses, must be preserved in the archives of the congregation." (Cf. c. 576, § 2.) What is the meaning of the phrase "in whose presence the profession was made"? If it means the one who received the profession, why doesn't it simply state this? The wording of your article in this respect is that of the canon. It does mean the one who received the profession, and it would have been much better if the canon had simply stated this. This meaning is clear from the nature of the act of profession, since canon law itself demands the presence only of the one professing and the one receiving the profession. Furthermore, the rest of the canon, evidently referring to the same person, speaks explicitly of the superior who receives the profession. The unwillingness to repeat a word, phrase, or clause in the same context is a frequent cause of ambiguity in canon law. We do not change the wording of the canons, even when one finds an evidently better and more accurate wording. The Sacred Congregation of Religious itself changed the wording in the Statutes for Extern Sisters of Monas-teries of Nuns, n. 48, to "who received the profession or renovation." --221 You advocate fewer trifling permissions. So do I. What about monthly permissions? We first assemble for this purpose. Each sister then kneels individually before the superior and says, "Please, may I ask my permissions?" Isn't it sufficient to ask permissions? Why must I ask to ask them? She then asks the permissions. "Please, may I rise, dress, wash, say my prayers, perform my community exercises, go to different parts of the house, do my charge, prepare my work, use books, borrow and lend, give away and keep small articles, and bathe when necessary? Please, may I have these permissions?" Don't I already have at least implicit permission for things I am directed or commanded to do, e. g., to rise, perform community exercises, do my charge, and to read at least the books neces-sary for my work? How can I go to the chapel without washing and dressing? If I have permission to wash, doesn't that include all of me? Why do I need pe~-mission to bathe? This ritual consumes from ten to forty minutes. Is it necessary or profit-able, especially when we cannot keep up with our duties? We are told that it is an occasion for increasing merit, but it seems 239 QUESTIONS AND ANSWERS Review for Religious to me to be a very dumb one. Aren't there sensible ways arriving at perfection? This thing of becoming a fool for the sake of Christ can he taken too literally. Impatience has sharpened the style of the questioner and, I hope, has exaggerated the content of her question; but this is not a sufficient reason for de.nying her a hearing. A monthly renewal of such things as dispensations from any of the duties of common life is reasonable. It would also be reasonable to have a less frequent renewal. I have never been able to see the profit of the formalistic monthly permissions, of which the present case is a sufficiently good example. As the questioner says, she already has at least implicit permission for many of the things she is requesting in these monthly permissions. Such monthly per-missions are, in my judgment, an unnecessary, unprofitable, and formalistic detail. A woman's ability to handle details is a valuable talent, but in the religions life she often perverts it and grinds the spiritual life into a smothering dust of details. I believe it is a sound spiritual maxim that artificiality in spiritual matters is an infallible sign of error. Why should we need artificiality to follow perfectly the most reasonable and most highly integrated person who has. ever existed, Jesus Christ? It is not possible nor does obedience demand that we have the expressed will of a superior for every action. If the motive of our action is the vow of obedience (and it is presumed to be such), any action in conformity with the Rule, the constitutions, cnstoms, usages, and the tacit or presumed will of the superior has the merit of the vow. "In many cases, especially of sisters, one finds a manner of governing, a way of conceiving discipline and obedience that reduces the life and religious observance to an arid and oppressive formalism, a negation and death of the religious life itself and of zeal." Rev. J. Alberione, S.S.P., Acta et Docurnenta Congressus Generalis de Statibus Perfectio~nis, I, 270. 23 When is a vote uncertain and consequently invalid (c. 169, § 1,2°)? A vote is certain when the person voted for can be known without any fear of error from the vote itself. A vote for Brother Francis is invalid if there are two or more religious of that name. It cannot be argued that the elector intended to vote for the elder Brother Francis, who will very likely, be elected, rather than for the younger Brother Francis, for whom it is very improbable that anyone would vote. The vote itself must be certain. The family name or other identification must be included when .there is more than one religions of the same name. It is the almost universal custom always to append the family to the religions name. The vote is also uncertain when the writing cannot be deciphered or the sense understood. 240 July, 1959 QUESTIONS AND ANSWERS Our monastery of nuns recently resumed solemn vows. Was I, the superioress, obliged to inform the pastor of the parish of baptism of each of these nuns that she had made profession of solemn vows? Yes. Canon 576, § 2, prescribes: " . . . . and moreover, in the case of solemn profession, the superior who received the profession shall inform the pastor of the place of baptism of the solemn profession, in con-fortuity with the norm of canon 470, § 2~" The latter canon reads: "In the register of baptisms there shall'be noted also the record of the baptized person's confirmation, marriage (unless it was a marriage of conscience, as stated in canon 1107), reception of subdiaconate, or ~olemn profession; and these facts are always to be included in baptismal certificates." Canon 576, § 2, should be and usually is included in the constitutions of nuns. The evident reason for the obligation is that solemn religious profession is a diriment impediment to marriage. Therefore, the notification of the solemn profession of any religious is to be sent to the pastor of the parish of baptism. According to the canon, this duty falls on the superior who received the solemn pro-fession; but he or she may do it through another. In fact, the notification is the duty of the superioress of the monastery, even if she did not receive the profession; and this is the usual wording of the constitutions. The notification should contain the full secular and religious name, the place and date of the solemn profession, the full names of the father and mother of the religious, and at least the approximate date of the baptism. Complete and accurate data for the notification can be obtained from the baptismal certificate, if this is in the files of the house where solemn profession was made. --25-- Our general motherhouse is in France. Our constitutions underwent a general revision. Is an ~mprlm~t~tr re~iuired in France for the printing of the constitutions in French? Is another imprimatur necessary for the English translation of these constitutions from the French? The answer to both questions is yes. Prudence demands that any translation of the constitutions, also and especially of the original approved text, be submitted to the examination of a priest conversant with the canonical terms on religious. If this is not done, awkwardness, inaccuracy, and errors of translation are very likely. Canon law com-mands previous censorship by a local ordinary for determined works but only if they are published (c. 1384). Publication means that the work is made available to the general public. Therefore, works that are destined solely for the members of a religious institute are not published; 241 QUESTIONS AND ANSWERS Review for Religious and there is no obhgation of submitting them to the previous censorship of a local ordinary. However, it is the common practice of lay institutes to submit the constitutions to this censorship of the local ordinary. According to this practice, there should be an imprimatur for the constitutions in French and another for the English translation, because canon 1392, § 1, requires another censorshilJ for a translation. The granting of an imprimatur appertains to the proper local ordinary of the author, the ordinary of the place of publication, or the ordinary of the place of printing (c. 1385, § 2). A compiler or translator is included under the term of author. Strictly speaking, the author or legislator of constitutions of lay institutes is the Holy See or the local ordinaries; the official compiler is the general chapter. Constitutions are translated and distributed (published) under the authority and direction of a higher superior. Therefore, the imprimatur for these constitutions may be requested from the ordinary of the place of the general chapter, of the residence of the higher superior, or of the place of printing. In fact it is practically always given by the ordinary of the residence of the higher superior. m26-- Brother X, professed of solemn vows, was a lay brother in our order. He became an apostate from religion. Both his local and immediate higher superior were earnestly striving to persuade him to return to the order. We learned later that he had met a woman, a Catholic and previously unmarried, two weeks after he left his religious house. A week later he got a priest to marry himself and this woman. He concealed the fact of his solemn vows. The constitutions of our order explicitly state that a professed of solemn vows who is legiti-mately dismissed is by that very fact freed of his solemn vows. Was the marriage of Brother X and this woman valid? If Brother X had been a religious cleric in sacred orders (sub-diaconate, diaconate, priesthood) or if a legitimate dismissal, in virtue of the law of the constitutions, did not free him from his solemn vows, his marriage would have been certainly and evidently invalid by reason of the diriment impediment of sacred orders (c. 1072), or solemn religions profession (c. 1073), or both. Therefore, the case of a solemnly professed described above is possible also with regard to a nun or a religious man destined for the priesthood but not yet in sacred orders. The automatic dismissal of canon 646 is a legitimate dismissal, since this canon explicitly states it to be such and it is effected according to law and by law. This dismissal therefore produces the effects of a legitimate dismissal. The code itself (c. 669, § 1) does not free a dismissed religious of perpetual vows, whether solemn or simple, from the vows 242 July, 1959 QUESTIONS AND ANSWERS of religious profession by the very fact of the dismissal; but such a liberation, as in the present case, may be effected by the constitutions. We presuppose that the only possible source of invalidity in this case is the solemn religious profession. If, prior to the Catholic celebration of marriage, this religious had publicly apostatized from the Catholic faith, or had run away with a woman, or had attempted marriage outside the Church, he would have been immediately and automatically dismissed in virtue of canon 646. His own constitutions would have freed him in the same instant from all his solemn vows. Since the diriment impediment to marriage is attached to his solemn vow of chastity, which would have ceased to exist, his former solemn profession would in no way have interfered with the validity of a later Catholic celebration of marriage nor would the impediment in question have had to be dispensed. It would simply have ceased to exist. No such previous crime occurred in the present case. Brother X did not even, know the woman until two weeks after he had left the religious house. Canon 646 automatically dismisses any religious who attempts or contracts marriage. It is therefore certain that Brother X was automatically dismissed by canon 646 and freed of his solemn vows, and consequently of the diriment impediment, by the constitutions at the moment that he and the woman gave the marriage consent. There-fore, the precise question is: does a simultaneous freedom from a diriment impediment suffice or is a freedom previous in time necessary for the validity of marriage? I believe that a simultaneous freedom suffices and that the marriage was valid. Canon law does not solve this individual case nor does it explicitly state any general principle on the matter. The case should therefore be decided from analogy (c. 20). There are at least two analo-gous cases in the code, and it can also be maintained that these cases implicitly affirm the general principle of the sufficiency of si~nultaneous freedom. Canon 1126 states that the bond of a former marriage con-tracted in infidelity is dissolved by the Pauline Privilege only when the conv.erted party actually contracts a new and valid marriage. Therefore, in the Pauline Privilege the simultaneous freedom from the diriment impediment of a valid and still existing marriage suffices for the valid contracting of marriage. By the prescription of ecclesiastical law, a marriage is invalid if one of the parties is free and believes the other party to be free when in fact the latter is a slave in the strict sense of this term (c. 1083, § 2, 2°). The common interpretation of this canon is that the marriage is valid if the slave obtains freedom by marriage. Therefore, we again have a case in which simultaneous freedom from an invalidating cause suffices for the validity of marriage. It cannot be objected that this solution offends against the principle that no one should profit by his crime. This principle cannot be main- 243 QUESTIONS AND ANSWERS Review for Religious tained against an expressed declaration of law. The code itself (c. 648) frees from his vows a religious of temporary vows who commits any of the crimes listed in canon 646, and canon 669, § 1, and positively and explicitly permits the particular constitutions to grant the same freedom to a professed of perpetual vows, whether solemn or simple. --27-- I read the constitutions of a lay congregation that has recently been made pontifical. Their definition of an ordinary and extraordinary general chapter differs from our own, which I enclose. Which of these definitions is correct? In older constitutions, an ordinary general chapter is one convoked regularly at the intervals determined in the constitutions for general elections. This interval is usually every six years, because in the modern practice of the Sacred Congregation of Religious th~ term of office of the superior general is six years. An extraordinary chapter in the same constitutions is one convoked outside of such regular intervals. The first reason for such a chapter is the vacancy of the office of superior general by reason of death, resignation, or deposition. The second is a serious matter affecting the entire institute. The latter is therefore only a chapter of affairs and only for determined matters, such as approval of a revision of the constitutions. This latter chapter in pontifical lay congregations demands a serious reason, the deliberative vote of the general council, and the permission of the Holy See. (Bastien, Directoire Canonique, n. 240, 2; Battandier, Guide Canonique, nn. 341, 346; Schaefer, De Religiosis, n. 452.) In very recent years, the Sacred Cong~'egation has changed this definition in the constitutions of lay congregations that are being made pontifical but not in revisions of constitutions of congregations that were already pontifical. The change consists in the fact that any chapter for the election of a superior general is termed ordinary, any other is extraordinary. The following article typifies this change. "A general chapter is called ordinary whenever it convenes for the election of a superior general, whether a~ the expiration of the ordinary term or when the office becomes vacant for any reason at another time. Any other chapter is said to be extraordinary and may not be convoked without special authorization of the Holy See, upon request by the superior general with the consent of his council." Both definitions are therefore correct, that is, all institutes retain the definition given in their own constitutions. 28- We have a common or public devotional renewal of vows twice a year. The renewal is made before the reception of Holy 244 July, 1959 QUESTIONS AND ANSWERS Communion. Do we by this renewal gain the indulgence men-tioned in the R~ccolta, n. 756? The Raccolta reads: "The religious of any order or congregation who privately renew their religious vows with at least a contrite heart, after celebrating Holy Mass or receiving Holy Communion, may gain an indulgence of three years." It can be argued that the essential condition is a devotional renewal, not necessarily a private renewal, or that an indulgence granted to a private renewal afortiori applies also to a public renewal. Therefore, the indulgence is gained by a public or private'devotional renewal of religious vows. However, the text clearly demands that the renewal be made after the reception of Holy Com-munion. Therefore, a public or priva, te renewal before Communion does not suffice. On the days of such public devotional renewals, the indul-gence may be gained by again renewing the vows privately after Com-munion. No determined formula is required; and brief formulae, such as "I renew the vows made at my profession," "I renew my vows of poverty, chastity, and obedience," would suffice. The condition that the renewal be made after Holy Communion seems strange, because in two documents, issued before the Code of Canon Law, the Sacred Congregation of Rites had prescribed that professions and public renewals were to be made before Holy Com-munion by religious of congregations who took or renewed their vows during Mass (S. R. C., 3836, 3912). This rite has been retained after the code as a prescription of their own law by at least most of the same religious institutes, and the natural tendency of a religious is to renew his vows privately at the same time during Mass that professions and public devotional renewals are made in his institute. 29 Our constitutions demand an absolute majority for the ejection of the superior general on any of the first three ballots. If such a majority has not been obtained, on the fourth and last ballot only the two religious who had the highest number of votes on the third ballot may be voted for. Of these two, the one who receives the greater number of votes on this fourth ballot is elected. In our last chapter, there was no doubt about the one elected. The constitutions also are clear on the matter; and the president of the chapter gave a brief, simple, and clear exposition of the article. However, on the fourth ballot a vote was cast for a religious who was not one of the two highest on the third ballot. We simply did not know what to do about this vote. This one vote was invalid, because it was in' favor of one who lacked passive voice absolutely, that is, one who simply could not be 245 QUESTIONS AND ANSWERS Review [or Religious elected. The constitutions clearly restrict eligibility on the fourth ballot to the two who had the highest number of votes on the third ballot. There was also no question whatever of postulation. The constitutions of our congregation demand merely thirty years of age and ten years of profession for a regional superior. Is this correct? Is it sufficient? Any part of an institute that fulfills the canonical requisites for a province is in fact and in law a province, no matter by what name it may be designated in the particular constitutions. The essential canoni-cal requisite for a province is that. of being a distinct moral person, distinct as such from the institute and the houses. A provincial superior is necessarily a canonical higher superior. We presuppose that your regions are not in fact canonical provinces, as is at least practically always the case. The authority of a regional superior may be delegated by a superior general or provincial. If so, he is not a higher superior. The regional superior may possess ordinary authority, that is, authority given by the law of the constitutions. If so, he is a higher superior (c. 488, 8°). In the former case, your constitutions are correct. Canon law does not legislate on the matter~ and the thirty years of age and ten years of profession are prescribed entirely by your own constitutions. If, however, the regional superior is a higher superior, canon 504 must be observed, that is, for the validity of his appointment or election he must be Of legitimate birth, have been professed for at least ten years in the institute computed from his first prQfession (August 15, 1955 -- August 16, 1965), and have completed his thirtieth year (January 1, 1930 -- January 2, 1960). 31 Our pontifical congregation is very large. For many serious reasons, we hesitate to make an immediate division into provinces. We believe it would be more prudent to begin instituting several regions. Do we need the permission of the Holy See to do this? No. Obviously your regions will not be pro~vinces. Therefore, the canonical norms (c. 494) on the erection of provinces do not apply. The establishment, delimitation, change, and suppression of regions may be made by the general chapter or the superior general. Since the matter is so important, the latter ~hould at least consult and preferably have the consent of his council. The latter is practically always de-. manded for these acts when the constitutions make provision for regions. Cf. Larraona, Commentarium Pro Religiosis, 5 (1924), 263-64; Schaefer, De Religiosis, n. 325; Toso, Commentaria Minora, II, 246 July, 1959 QUESTIONS AND ANSWERS De Religiosis, 17; Vromant, De Personis, n. 375; Vermeersch-Creusen, Epitome Iuris Canonici, I, n. 603; Coronata, Institutiones Iuris Canonici, I, n. 519. Our constitutions state only that a professed religious who commits any of the crimes listed in canon 646 is by that very fact legitimately dismissed. It seems to me that it would be only sensible for the constitutions to tell us what these crimes are. I think also that canon 646 should be given fully in the consti-tutions. It has not been the general practice to do so in lay institutes, as it has been in clerical institutes. However, some constitutions of the former type of institute do contain the complete canon. Canon 646 was given fully and explained in the REVIEW FOR RELIGIOUS, 16 (1957)~ 283-89. The canon reads: § 1. The following religious are considered as automatically and legitimately dismissed: 1° Public apostates from the Catholic faith; 2° A religious man who ran away with a woman or a religious woman who ran away with a man; 3° Those who attempt or contract marriage, even the so-called civil marriage. § 2. In these cases, it is sufficient that the higher superior with his chapter or council according to the norm of the constitutions make a declaration of fact; but he must take care to preserve the collected proofs of the fact in the files of the house. 247 Reviews [Material for this department should be sent to Book Review Editor, aEVIEW FO~t RELIGIOUS, West Baden College, West Baden Springs, Indiana.} PORTRAIT OF A PARISH PRIEST. By Lancelot C. Sheppard. Westminster: Newman, 1958. Pp. 183. $3.50. One hundred years ago, on August 4, 1859, died St. John Vianney, Curl of Ars. A living inspiration to laymen and religious as well as to the secular clergy, he had become almost a legendary figure in his own lifetime. Today, his name calls to our mind a student so slow that only the shortage of priests and the insistence of an influential friend made it possible for him to be ordained. We think of a preacher who spent hours of agony in composing commonplace sermons, and then would forget them once he got into the pulpit only to speak with such zeal and intensity as to move his hearers to tears. Contrasting images of Ars come before us -- the out-of-the-way village of 1818, where there was a dilapidated old church, sixty houses, four taverns, and "no great love of God"; and the place of pilgrimage of 1859, with a restored church, no tavern, but one school for girls and one for boys, and crowds of the devout and the curious. Portrait of a Parish Priest treats of a man in whose life the extraordinary seems to be the ordinary thing. Living for years on two or three potatoes a day, with but two hours sleep a night, the CurLkept up a strenuous apostolic life. He could size up the most delicate cases of conscience in a moment and even knew the problems of many penitents before they entered the con-fessional. Many a distressed sinner was singled out from the crowd by the saint's voice and called in to penance ahead of a long line. Scoffers eventually prayed. Diseases were often cured. Add to this the almost nightly rappings, voices, and even the burning of the bedclothes, which the Curl was convinced was the work of the devil, the Grappin, and we have a picture of a truly remarkable man. None of these facts ar~ new, and all have been well treated in previous biographies. The unique feature of Portrait of a Parish Priest is its interpre-tation of the facts. For besides giving us a portrait of a great saint, the author paints a picture of a man. And the life of John Vianney was not a series of interludes between one extraordinary event after another. A man capable of deep discouragement and subject to great psychological tensions, he had been tempted to give up his studies for the priesthood, to desert Napoleon's army, and to flee from the responsibility of his parish. He was convinced that he was not fit for his job and feared greatly for his own salvation. It was his heroic perseverance in the face of these obstacles that was truly remarkable. In the author's opinion, the psychological tension under which the Curl worked was responsible for the "diabolical" disturbances in the saint's life. Whether or not the reader agrees with this explanation, he will find it thought-provoking and will welcome the insistence upon the fact that it was the Cur~'s heroic virtue and not the extraordinary events (whatever their expla-nation) that made him a saint. 248 BOOK REVIEWS St. John Vianney was a man filled with the horror of sin, because he was a saint filled with a love of the living God. But he was also a man who poured out condemnations of pleasures Which can be legitimate in themselves, a man who would refuse absolution to those who would not promise to give up dancing. Fie could, it is true, appreciate the humor of a situation; but on the whole he tended to see the dark side of things. Yet this should not be surprising in a man who grew up in a France in which the Church, was being persecuted and in which clouds of Jansenistic thought still darkened the moral atmos-phere. One new fact which the author brings to light
