The theoretical case for industrial policy is a strong one. The market failures that industrial policies target in markets for credit, labor, products, and knowledge have long been at the core of what development economists study. The conventional case against industrial policy rests on practical difficulties with its implementation. Even though the issues could in principle be settled by empirical evidence, the evidence to date remains uninformative. Moreover, the conceptual difficulties involved in statistical inference in this area are so great that it is hard to see how statistical evidence could ever yield a convincing verdict. A review of industrial policy in three non-Asian settings El Salvador, Uruguay, and South Africa highlights the extensive amount of industrial policy that is already being carried out and frames the need for industrial policy in the specific circumstances of individual countries. The traditional informational and bureaucratic constraints on the exercise of industrial policy are not givens; they can be molded and rendered less binding through appropriate institutional design. Three key design attributes that industrial policy must possess are embeddedness, carrots-and-sticks, and accountability.
Between 2000 and 2050, the share of the population aged 60 and over is projected to increase in every country in the world. Although labor force participation rates are projected to decline from 2000 to 2040 in most countries, due mainly to changes in their age distributions, labor force- to-population ratios will actually increase in most countries. This is because low fertility will cause lower youth dependency that is more than enough to offset the skewing of adults toward the older ages at which labor force participation is lower. The increase in labor-force-to-population ratios will be further magnified by increases in age-specific rates of female labor force participation associated with fertility declines. These factors suggest that economic growth will continue apace, notwithstanding the phenomenon of population aging. For the Organization for Economic Co-operation and Development (OECD) countries, the declines projected to occur in both labor force participation and labor-force-to-population ratios suggest modest declines in the pace of economic growth. But even these effects can be mitigated by behavioral responses to population aging-in the form of higher savings for retirement, greater labor force participation, and increased immigration from labor-surplus to labor-deficit countries. Countries that can facilitate such changes may be able to limit the adverse consequences of population aging. When seen through the lens of several mitigating considerations, there is reason to think that population aging in developed countries may have less effect than some have predicted. In addition, policy responses related to retirement incentives, pension funding methods, investments in health care of the elderly, and immigration can further ameliorate the effect of population aging on economic growth.
1. IntroducciónEn la ponencia se abordarán las relaciones entre instituciones y desarrollo económico focalizando en el problema de la autonomía administrativa de los entes autónomos en Uruguay. El llamado "dominio industrial y comercial" del Estado era la principal herramienta de intervención estatal en la economía en las tres primeras décadas del siglo (lo siguen siendo hoy en día, aunque de una manera diferente). El proceso de construcción de dicho dominio arranca con la fundación del BROU en 1896. La intención original por la cual se dio autonomía administrativa al instituto fue separar la administración de problemas complejos, de las angustias políticas o financieras de los gobiernos. Construir institutos de intervención en la economía que no estuvieran sujetos al juego de la "política menuda" (al decir de Carlos Real de Azúa) fue uno de los propósitos orientadores en la forja de los Entes Autónomos. Este principio fue imaginado como un mecanismo que permitiría una intervención racional del Estado en la economía privilegiando los criterios técnicos de actuación sobre los políticos. Sin embargo, la autonomía administrativa presentaba un problema crucial para el andamiaje institucional del Estado: no estaban previstos en la constitución de 1830. Al momento en que se reforma la constitución (hacia 1917) el problema aparece a los legisladores como un tema de difícil resolución. El artículo 100 de la constitución que entra en vigencia en 1919 pretende dar una solución a esta anomalía. Sin embargo, la solución propuesta deja en manos de la ley la reglamentación definitiva de la autonomía administrativa de cada ente Autónomo. Esta resolución no logra corregir los problemas previos y plantea otros que deberán ser resueltos por los gobiernos sucesivos. Un elemento clave de los intentos de los gobiernos por abordar la definición de la autonomía administrativa durante los años de 1920 es que se encontrarán con la oposición de los mismos Entes Autónomos, los cuales no querrán ceder en cuanto al grado de autonomía alcanzado previamente. En éstos, y especialmente en el más antiguo que era el BROU, se había forjado una fuerte cohesión entre los Directorios y los principales funcionarios de carrera que lideraban el instituto.Los gobiernos se enfrentan a un nuevo actor, el actor burocrático que pugna por mantener la situación de autonomía, consolidada en los años previos a 1920.En el trabajo original de investigación que sustenta esta ponencia, el objetivo central era describir el primer impulso racionalizador del Estado uruguayo. En esta ponencia abordaremos un aspecto crucial de ese primer impulso que fue el surgimiento dentro de las empresas públicas de un personal jerárquico con características particulares. Nuestra principal hipótesis es que al amparo de la autonomía administrativa surgió un estamento de burócratas con una clara conciencia de su rol en la política democrática. Intentaremos mostrar cómo este grupo de "high civil servants" se percibía a sí mismo como un grupo necesario y diferente del actor político. Creemos que esta hipótesis ilumina un aspecto poco estudiado de la construcción del Estado uruguayo y sus mecanismos de intervención en la economía y la sociedad. Tradicionalmente se ha estudiado el rol de los políticos, de los empresarios, de los trabajadores y las diferentes formas de articulación de estos actores en la conformación de las estructuras del Estado uruguayo. Nosotros quisiéramos agregar un actor más, el cual creemos tiene su propia historia para contar, y que es el actor burocrático.El foco de nuestra ponencia estará en el Banco República y en la figura de su primer gerente de carrera, don Octavio Morató.A continuación, delimitaremos las dimensiones analíticas que empleamos para abordar nuestro objeto de estudio. Nos limitaremos a enunciar las principales hipótesis con las cuales interrogaremos el material empírico recolectado. El lector que así lo quiera, puede profundizar el marco teórico en el libro de próxima aparición (BAUDEAN, 2011).De la reflexión de Max Weber sobre la burocracia tomamos el énfasis que éste hace en la importancia del marco legal en la construcción de los roles que llevarán a cabo políticos y burócratas y en la definición de las características organizacionales de la burocracia. Con esta idea como guía abordaremos el marco constitucional y legal que dio forma al sistema de empresas públicas en su origen y particularmente al Banco República. Del institucionalismo de corte estructuralista, tomamos la hipótesis según la cual en el momento en que el Estado conquista cierta autonomía en el manejo de problemas específicos se convierte en arena del conflicto social (EVANS, RUESCHEMEYER, 1985). Esta hipótesis nos conducirá a precisar cuáles eran los aspectos críticos de la autonomía administrativa que generaban conflicto entre burocracia y clase política. La reflexión de Rudolph y Hoeber Rudolph (1984) nos hará profundizar en laimportancia del manejo del poder hacia el interior de la organización. En este sentido, intentaremos mostrar cuáles eran los problemas que Directores y altos burócratas del BROU veían en la posibilidad de mayores controles por parte del poder político en el manejo interno de la organización.La reflexión de Morstein Marx (1963) sobre el high civil service nos llevará a darle especial importancia al pensamiento del actor burocrático. De aquí el foco en el pensamiento de Octavio Morató. Dicho pensamiento será interpretado como un indicador de la autopercepción que los altos burócratas tenían sobre su rol en la política democrática.Por último, de la corriente neo-institucionalista (MEYER, ROWAN, 1991) nos interesará explorar la hipótesis según la cual las organizaciones son construidas y modeladas en su estructura y funcionamiento por los valores y principios institucionalizados prevalecientes en las sociedades donde están insertas. Esta hipótesis permite prever que las organizaciones que se alejan de dicho entorno de valores y principios institucionalizados encontrarán problemas en su consolidación y legitimación. En consecuencia, el trabajo de reconstrucción histórica realizado enfatiza en los conceptos institucionalizados a lo largo del siglo XIX sobre la estructura del Estado, el valor político y social de la burocracia y la organización del sistema financiero. La idea de la autonomía administrativa obtenía legitimidad de ciertos principios institucionalizados sobre las finanzas así como entraba en conflicto con otros vinculados a la relación entre los partidos y sus bases sociales. 2. El problema de investigación en su contexto históricoEl período que va desde la década de 1870 hasta la segunda década del siglo XX es el momento histórico de la consolidación y centralización del poder estatal. En el mismo se pasa desde un Estado de cuño liberala un Estado interventor en la economía. El corolario de este proceso es la institucionalización de la democracia con la constitución de 1919. Con esta reforma se inician la depuración de los procesos electorales y los arreglos institucionales que conducirán a la coparticipación de los partidos tradicionales en la administración.En las primeras décadas del siglo XX, con Batlle y Ordoñez en la presidencia (1), se consolidan las principales instituciones que mediarán en la intervención en la economía por parte del Estado: las empresas públicas o entes autónomos(2). Dichos entes eran, precisamente, autónomos en un país cuyos cimientos constitucionales prefiguraban un estado "unitario y centralista" al decir de historiadores y constitucionalistas. Dicha autonomía, implicaba que los directorios de los entes tenían potestad de "libre, franca y general administración": capacidad de designar y destituir funcionarios y de elaborar su propio presupuesto. Los directorios, a su vez, eran designados por el Ejecutivo con previa venia del Senado(3). Sin embargo, según la constitución de 1830 -en curso al momento de la creación de los primeros entes- el poder Administrador recaía en el Ejecutivo. Es así que la descentralización administrativa y la creación de una burocracia estatal autónoma comienza en Uruguay con elementos emparentados con las reformas que por la misma época (1870-1920) se implementaban en Europa y Estados Unidos (RAMOS, 2004). El elemento en común es el problema de"resolver el cómo se deberá producir la politización y despolitización simultánea que se debe operar al interior del sistema Ejecutivo de gobierno" (RAMOS, 2004). Es decir, el problema de cómo construir una burocracia meritocrática relativamente autónoma de los vicios de la política, pero al mismo tiempo capaz de servir a los gobiernos democráticamente elegidos. Sin embargo, el origen del concepto de autonomía tiene una historia que se hunde en los problemas del Estado uruguayo en el siglo XIX. En particular, el problema de generar una estructura estatal con autonomía financiera de los sectores económicamente dominantes en el país. El Banco República fue pensado –entre otros fines- para resolver este problema. En la coyuntura marcada por la crisis de 1890, uno de los problemas centrales que proponía una institución bancaria vinculada al Estado radicaba en la desconfianza que este vínculo despertaba en los sectores que dominaban el crédito a nivel local. En un sistema de patrón oro, dicho grupo tenía múltiples mecanismos para desestabilizar el normal desarrollo de una nueva institución estatal. La autonomía de la que gozará por ley el BROU (desde 1896) fue una fórmula de compromiso, fruto de la debilidad del Estado frente al capital financiero local. Dicha autonomía aseguraba a éstos últimos que la nueva institución no iba a ser manipulada para sofocar las angustias financieras de los gobiernos.Ahora bien, hay dos elementos escasamente subrayados en toda su importancia en lo que respecta a esta creación institucional (la descentralización vía la creación de entidades autónomas).En primer lugar, que esta idea se constituyó en una verdadera tradición en nuestro país. Pero lo más importante es que esta tradición de autonomía (4) fue defendida y fundamentada en conceptos de eficiencia organizacional e interés público por las mismas empresas, sus directorios y altos jerarcas (especialmente en el caso del BROU que será el foco de interés de esta ponencia). Esto es de resaltar porque –en el lenguaje teórico que emplearemos- es un indicador del temprano desarrollo de un actor burocrático con conciencia de un rol diferenciado del actor político partidarios así como de otros actores sociales.En segundo lugar, el BROU fue a la postre el modelo sobre el cual se inspiraron el resto de las empresas públicas del período. Con la fundación del BROU el concepto de autonomía administrativa aparece por primera vez en su máximo grado de expresión (Sayagues Laso, 1991, 225-253). Batlle y Ordoñez vislumbró en la formula organizacional de la autonomía una forma eficiente de administrar organismos complejos y sujetos a la sospecha de "manejo político" y la respetó, difundió y alentó. El concepto de autonomía se volvió problemático cuando se le quiso dar estatuto constitucional. La primera solución es la del artículo 100 de la constitución de 1919. La misma fue una solución incompleta. Desde la entrada en vigencia de la constitución llevó a polémicas tanto a nivel jurídico como entre las nuevas empresas y el Poder Ejecutivo. Tras varios intentos frustrados de reglamentación del artículo 100 a lo largo de la década de 1920, el mismo quedó sin reglamentar. El Consejo Nacional de Administración (5) (CNA) era quien tenía a cargo la supervisión general de los entes. En sucesivas reformas constitucionales, la tradición autonómica persiste y se desarrolla a nivel constitucional (1934, 1942 y 1952). Pero persistirá manteniendo características diferentes a las originales. En 1983, Solari y Franco escribían que las autonomías de las empresas públicas fueron altas hasta 1930 (6) y que con la constitución de 1934 comienzan a verse limitadas, cerrándose un ciclo de re-centralización hacia la constitución de 1967. Asimismo sugieren que el estudio de las autonomías a posteriori de 1967 es más complejo de lo que parece si uno se guía exclusivamente por el marco legal (7).Ahora bien, poco se sabe de los debates y tensiones que se generaron en el período histórico que va de 1920 a 1933, momento en que la autonomía de las empresas públicas es fuertemente criticada. ¿Cuáles fueron las posiciones de políticos y burócratas en torno a la autonomía?, ¿cuáles eran los grandes temas que se discutieron?, ¿qué alternativas se planteaban para dar solución a los conflictos generados? En el resto de la ponencia abordaremos dos temas que permiten responder parcialmente las preguntas planteadas. Primero, la sanción constitucional de la autonomía administrativa de los entes autónomos (1917-1919). Este es el marco legal que da pie a los encuentros y desencuentros entre el BROU y el Poder Ejecutivo durante el período de duración de la segunda constitución que tuvo el país (1919-1933). Encuentros y desencuentros que estarán pautados por la discusión del alcance que la nueva constitución daba a la autonomía del instituto (particularmente en lo referente a la elaboración y sanción de su presupuesto) y la definición del estatuto de sus funcionarios (el debate acerca de si los mismos debían ser considerados funcionarios públicos o especiales). Segundo, profundizaremos en la perspectiva burocrática sobre estos problemas. Para ello abordaremos el pensamiento de Octavio Morató, gerente del BROU entre 1921 y 1937. (8)3. La autonomía administrativa del dominio industrial del Estado y la reforma de la constituciónEl marco en el que se debatió y se procesó la reforma que culminó en la constitución de 1919 fue una coyuntura donde se superpusieron nuevos y viejos problemas. Como lo expone Benjamín Nahum (NAHUM, 1998: 53-54), dicha coyuntura estuvo marcada por la resolución de al menos tres grandes problemas.En primer lugar, la experiencia de la guerra civil había puesto de manifiesto la necesidad de superar las limitaciones que la primera constitución oponía al sufragio. En segundo lugar, los nuevos entes autónomos creados no estaban "previstos ni regulados" por la vieja Constitución.En tercer lugar, y vinculado al problema anterior, la Constitución de 1830 era excesivamente centralista y ponía en manos del Presidente de la República una suma de poder que lo convertía en figura clave en la sociedad. Esta centralización era un problema para la democracia y la reforma constitucional debía dar una respuesta.En virtud de esta agenda, la discusión de dicha constitución fue uno de los momentos ideológicos más importantes del siglo XX en Uruguay (PANIZZA: 1990). Básicamente se discutió todo el andamiaje institucional que ordenaba la vida política del país. El problema jurídico que representaba la existencia de organismos y servicios tuvo un largo proceso de discusión que derivó en la redacción del artículo 100 de la Constitución de 1919. Veremos las diferentes posiciones sobre el problema a continuación.3.1. Posiciones sostenidas a nivel parlamentario sobre el problema de la descentralización (previo a la Constituyente de 1917) Veremos un resumen de las principales posiciones sostenidas en los debates parlamentarios tal como las resume Sayagués en el "Tratado de Derecho Administrativo" (1991: 144 y 145).Básicamente se sostuvieron tres criterios diferentes frente al problema de los nuevos organismos y servicios descentralizados: Posición 1. Las Cartas Orgánicas creadas mediante la ley eran inconstitucionales cuando consagraban una descentralización amplia.El principal argumento giraba en torno a la defensa del Poder Ejecutivo como "jefe superior de la administración" y al cual la ley no podía quitar las potestades que la Constitución le atribuía expresamente (dictar reglamentos, nombrar y destituir empleados públicos) para cederlas a las autoridades de los nuevos entes. Por otra parte, se cuestionaba fuertemente el hecho de que los presupuestos de gastos de algunas organizaciones (caso del BROU) pudiesen ser sancionados por sus propios directorios o con aprobación del Poder Ejecutivo, desconociendo de esta forma la competencia del Parlamento para autorizar los gastos públicos.Posición 2. Las Cartas Orgánicas creadas por la ley eran constitucionales. Esta posición fue mantenida por quienes defendieron la creación de los entes en el Parlamento (fuertemente por el sector batllista, pero también por blancos principistas como Martín C. Martínez). Resume Sayagués Laso (1991b: 145): "Se argumentaba diciendo que el Presidente era el jefe superior de la administración general de la República, pero no de las administracionesespeciales que el legislador crease; por tanto, concluíase que la ley podía dar amplios poderes de decisión a las autoridades de esos servicios. Un razonamiento análogo los llevaba a limitar la competencia del Poder Legislativo en materia presupuestal". (énfasis original).Posición 3. Las Cartas Orgánicas creadas por la ley no eran constitucionales ni inconstitucionales, sino EXTRACONSTITUCIONALES. Esta posición fue defendida por algunos legisladores que votaron favorablemente la creación de los nuevos entes. Se argumentaba que la Constitución de 1830 no preveía la descentralización administrativa por servicios, que comenzó a desarrollarse a posteriori por la vía de los hechos y por circunstancias especiales. En consecuencia, "el texto constitucional no la había permitido ni prohibido, sino simplemente ignorado"(SAYAGUÉS LASO, 1991: 145) .Los grandes temas que dividían las opiniones se centraban en:Los poderes de decisión de los directorios de los entes y su relación con la posición institucional del Poder Ejecutivo.La autoridad de la ley para crear dichos servicios frente a la autoridad de la Constitución misma.La competencia del Parlamento frente a los presupuestos de gastos de dichos servicios.Como puede observarse, se trata de una compleja mezcla de problemas jurídicos por una parte, y otros que van directamente a la relación entre política y administración. Estaba en juego la progresiva constitución de áreas de la administración que –de seguir las pautas de desarrollo que mantenían- podrían constituirse en arenas de decisión con alta independencia de los partidos en materias económicas, financieras y sociales. El problema radicaba en la precaria situación que tenía el Parlamento frente a estos nuevos segmentos de la administración.3.2. La Convención ConstituyenteHubo coincidencia entre los constituyentes en que la nueva Constitución consagrase el principio de la autonomía y en que el proyectado Consejo Nacional de Administración (CNA) tuviese a su cargo la superintendencia de dichos organismos. Las mayores divergencias surgieron en torno a la definición de la autonomía y a la conveniencia o no de extenderse sobre la misma en el texto constitucional. Existía diversidad de situaciones en los grados de autonomía que tenían los organismos y servicios descentralizados y también en la independencia económica que podían llegar a tener frente al Ejecutivo. Esto condujo a que no prosperara entre los constituyentes la idea de Martín C. Martínez de darle un contenido preciso al concepto mismo de autonomía. Predominó la idea de que sería la ley la que fijaría la extensión de la autonomía en cada caso. En consecuencia, el reconocimiento constitucional de la descentralización se redujo a un solo artículo (artículo 100) (8), no explicitándose el alcance de la autonomía. Esto generó la necesidad de definir con mayor precisión la relación entre el CNA y los diversos entes mediante la ley. Dado que preexistían diversas opiniones a nivel político sobre el tema y que los entes tenían posición tomada en defensa de la autonomía, se generaron debates y enfrentamientos mientras duró la Constitución de 1919 que nunca llegaron a resolverse en forma coherente y unificada.Pese a estos problemas, el artículo 100 fue un logro en varios sentidos. Constitucionalizó el proceso de descentralización administrativa que se había iniciado al margen de la Constitución de 1830. Con ello consagró un amplio traspaso de poderes de administración hacia los Consejos Directivos o Directorios de los entes.3.3. Las bases legales del conflicto entre gobierno y burocraciaTeniendo en cuenta estas disposiciones constitucionales, el problema estaba en resolver qué pasaba con las previas Leyes Orgánicas de los entes y servicios descentralizados: el artículo 100, ¿derogaba o no esas leyes? En caso afirmativo: ¿en qué medida se había operado dicha derogación? (SAYAGUÉS LASO, 1991:151).El BROU (9) se amparaba en la frase "serán administrados por Consejos Autónomos" para considerar derogadas de las previas Leyes Orgánicas todo lo referente a los controles administrativos que eventualmente el Ejecutivo pudiera imponer en el gobierno del instituto. Asimismo, en la postura institucional del BROU se consideraba como taxativos todos los casos de intervención del CNA enumerados en la segunda parte del artículo 100. En general, la postura de los entes fue acompañada por la doctrina jurídica de la época, siendo la mayor discrepancia el tema de las potestades presupuestales (donde juristas como Demichelli, Ramela de Castro y Martín C. Martínez mantenían posturas diferentes) (SAYAGUÉS LASO, 1991: 152). Por su parte, el Poder Ejecutivo (fundamentalmente el CNA) y el Parlamento sostuvieron la tesis de que el artículo 100 consagraba solamente el principio de la autonomía, dejando la precisión del alcance de la misma en manos del legislador. En consecuencia, mientras no se dictase la ley reglamentaria se deberían considerar vigentes todos los artículos de las previas Leyes Orgánicas que preveían intervenciones del Ejecutivo o el Parlamento en la administración de los entes. Esta divergencia dio lugar a enfrentamientos entre los poderes y las empresas. En nuestra opinión –pese a no tener evidencia contundente al respecto- las empresas se vieron en la obligación de exagerar sus fueros autonomistas debido a que la constitución de 1919 implicaba por primera vez la coparticipación de ambos partidos tradicionales en la conducción de temas administrativos de gobierno. Es plausible que las empresas -frente a un CNA que contenía en su interior a representantes de la oposición por primera vez- buscasen separar más radicalmente su administración de las injerencias de los poderes como forma de preservar el amplio margen de maniobra al que estaban acostumbradas.(1) Más precisamente, en su 2da presidencia: 1911 – 1916.(2) Luego de 1933 y en un contexto económico y político diferente, las empresas públicas también serán usadas con fines regulatorios junto a otros andamiajes institucionales destinados a tal fin.(3) Este modelo, que es el que corresponde a la 1era Carta Orgánica del Banco de la República (1896), se repitió –con variantes que delimitaban diversos grados de autonomía- para las empresas públicas creadas durante la 2da presidencia de Batlle.(4) Tradición que tuvo tiempo de madurar y permear la conciencia de los burócratas de carrera del Banco República por lo menos a lo largo de 3 décadas (desde la fundación del instituto hasta entrada la década de los '30).(5) Según la constitución de 1919 el Poder Ejecutivo se dividía en dos organismos: Presidente y Consejo Nacional de Administración con funciones específicas y diferenciadas.(6) Una prueba tangencial de ello son los debates con los gobiernos que se verán en el cuerpo central de esta tesis.(7) "Hasta esta última fecha [1967], sin embargo, la autonomía real frente al poder ejecutivo era elevada salvo en los casos, cada vez más frecuentes, de pérdida de la autonomía financiera . Sin embargo, la cuestión de la autonomía y su disminución no es tan simple. En forma paralela a la causa financiera se va produciendo también un proceso de pérdida de la autonomía real frente a los partidos políticos. Estos cada vez recurren con más fuerza al sector empresarial estatal, como recurso político. La paradoja es que dada la estructura de los partidos, la pérdida de autonomía frente a ellos puede traducirse muy a menudo en el surgimiento de la posibilidad de afirmar la autonomía frente al poder ejecutivo, inclusive en casos de imposibilidad de autofinanciamiento". Más adelante concluyen: ".surge la interrogante sobre si lo más característico del período actual es la disminución generalizada de las autonomías, lo que en algunos aspectos parece evidente, o una compleja transformación por la cual antiguas autonomías reales han sido sustituidas por otras diferentes, pero no menos reales" (SOLARI, FRANCO, 1983: 94-95).(8) Artículo 100: "Los diversos servicios que constituyen el dominio industrial del Estado, la instrucción superior, secundaria y primaria, la asistencia y la higiene públicas serán administrados por Consejos Autónomos. Salvo que sus leyes los declaren electivos, los miembros de estos consejos serán designados por el Consejo Nacional. A este incumbe destituir a los miembros de los consejos especiales con venia del Senado, ser juez de las protestas que originen las elecciones de los miembros electivos, apreciar las rendiciones de cuentas, disponer las acciones competentes en caso de responsabilidad y entender en los recursos administrativos según las leyes".(9) Junto con el BROU, también defendían dicha posición los entes autónomos que tenían en lo previo un grado similar de autonomía. *Profesor de Fundamentos de la Investigación Social, Métodos de investigación y Taller de Monografía.Depto de Estudios InternacionalesFACS – ORT Uruguay(ma.baudean@gmail.com). BIBLIOGRAFÍAABERBACH, J.; PUTNAM, R. ; ROCKMAN, B. 1981. Bureaucrats and politicians in western democracies. Cambridge: Harvard University Press.ACEVEDO, Eduardo. 1934. Anales históricos del Uruguay. Tomo IV. Montevideo: Barreiro y Ramos.Banco de la República Oriental del Uruguay [Raúl Montero Bustamante]. (s.f.) El Banco República en su Cincuentenario. Memoria Histórica (1896-1946). Montevideo: BROU.BARRÁN, J. P. 1998. El Apogeo del Uruguay pastoril y caudillesco. Montevideo: La República, EBO.BARRAN, J.P.; NAHUM, B. 1971. Historia Rural del Uruguay Moderno. Tomo II. Montevideo: EBO.BARRAN, J.P.; NAHUM, B. 1973. Historia Rural del Uruguay Moderno. Tomo III. Montevideo: EBO.BARRAN, J.P.; NAHUM, B. 1978. Historia Rural del Uruguay Moderno. Tomo VII. Montevideo: EBO.BARRAN, J.P.; NAHUM, B. 1984. El problema nacional y el Estado: un marco histórico. En: La crisis uruguaya y el problema nacional. Montevideo: CINVE, EBO.BARRAN, J.P.; NAHUM, B. 1986. Batlle, los estancieros y el imperio Británico. Tomo III. Montevideo: EBO.BARRAN, J.P.; NAHUM, B. 1987. Un caso monetario singular: el orismo uruguayo. En: Revista SUMA 2 (3) : pp. 79-87BARRAN, J.P.; NAHUM, B. 1990. Batlle, los estancieros y el imperio Británico. 2ª.ed. Tomo I. Montevideo: EBO.BAUDEAN, Marcos. 2011. Los dilemas de la intervención estatal en la economía. Autonomía administrativa y control político en la temprana historia del Banco República (1896-1931). En prensa.BAUZÁ, Francisco. 1953. Estudios constitucionales. Montevideo: Ministerio de Instrucción Pública y Previsión Social.BERTINO, M.; BERTONI, R. 2003. Balance fiscal, economía y política. Uruguay 1906-1930. En: XVIII Jornadas anuales de Economía del BCU, Montevideo, 2003. BERTINO, M.; BERTONI, R.; TAJAM, H. ; YAFFÉ, J. 2003. La larga marcha hacia un frágil resultado (1900-1955). En: INSTITUTO DE ECONOMÍA. El Uruguay del Siglo XX: La Economía. Montevideo: EBO.BÉRTOLA, Luis. 2000. Ensayos de historia económica. Montevideo: Trilce.BODEMER, Klaus (comp.). 1993. La reforma del estado. Más allá de la privatización. Montevideo: PRONADE, ONSC, CLAEH, FESUR, ECS.BROU. 1896. Carta Orgánica. Montevideo: BROU. BROU. 1896. Estatutos del Banco de la República Oriental del Uruguay.Montevideo: BROUBROU. 1911. Carta Orgánica. Montevideo: BROU.BROU. 1911. Reglamento General del Banco de la República Oriental del Uruguay. Montevideo: BROU.BROU. 1939. Carta Orgánica. Montevideo: BROU.BROU. 1896-1940. Memorias del Banco de la República Oriental del Uruguay.Montevideo: BROU.BROU. 1896-1940. Balances del Banco de la República Oriental del Uruguay.Montevideo: BROU.BUCHELI, Mario; et al. 1984. Contribución a la historia económica del Uruguay. Montevideo: Academia Nacional de Economía.CAETANO, G. 1993. La república conservadora (1916 – 1929). Tomo II. Montevideo: Fin de Siglo. CAETANO, G.; ALFARO, M. 1995. Historia del Uruguay contemporáneo. Materiales para el debate. Montevideo: ICP, FCU.CAMARA NACIONAL DE COMERCIO. 1984. Moneda y Banca. En: Mario Bucheli; et al. Contribución a la historia económica del Uruguay. Montevideo: Academia Nacional de Economía.CAMPIGLIA, N. 1969. Estatización y burocracia. En: Enciclopedia Uruguaya.(40). Montevideo: Editores Reunidos, Arca. CASSINELLI MUÑOZ, Horacio. 1999. Derecho Público. Montevideo: FCE.CLAEH. 1977. La empresa Pública en el Uruguay. Montevideo: CLAEH.CORREA FREITAS; FRANCO, R. (comp.) 1989. Gestión del Estado y desburocratización. Montevideo: El libro libre.COSIO, Pedro. 1924. Correspondencias. Montevideo: El Siglo Ilustrado.COSTA BONINO, L. 1995. La crisis del sistema político uruguayo. Montevideo: FCU.DA CUNHA, Nelly. 1994. Empresariado y política 1915-1945. Montevideo: Facultad de Ciencias Sociales, Unidad Multidisciplinaria. Documento de Trabajo Nº15DE ARMAS, G.; GARCÉ, A. 1997. Uruguay y su conciencia crítica. Montevideo: Trilce. DÍAZ, Ramón. 2003. Historia Económica del Uruguay. Montevideo: Taurus-Santillana.EVANS, Peter. 1996. Embedded autonomy. States and industrial transformation. New Jersey: Princeton University Press.EVANS, Peter. 1996. El Estado como problema y solución. En: Desarrollo Económico 35 (140). EVANS, Peter; RAUCH, James. 1999. Bureaucracy and growth: A cross-national analysis of the effects of "Weberian" state structures on economic growth. En:American Sociological Review 64 (5): pp. 748-765. EVANS, P.; RUESCHEMEYER, D. 1985. The state and economic transformation toward an analysis of the conditions under lying effective intervention. En: EVANS, P.; RUESCHEMEYER, D.; SKOCPOL,T. Bringing the state back in. Cambridge: Cambridge University PressFAROPPA, Luis. 1970. Perspectivas para un país en crisis. Montevideo: Nuestra Tierra.FILGUEIRA, F.; PAPADÓPULOS, J. 1996. Sacando partido del conservadurismo. Crisis de larga duración y alternativas vedadas en Uruguay. En: Revista Prisma, (6): pp. 109-145. Montevideo: UCUDAL.FILGUEIRA, F.; RAMOS, C.; GARCÉ, A. et.al. 2004. Los dos ciclos del Estado uruguayo en el siglo XX. En: Instituto de Ciencia Política. El Uruguay del Siglo XX: La Política. Montevideo: EBO.FINCH, Henry. 1980. Historia económica del Uruguay. Montevideo: EBO.FRANCO, Rolando. 1984. Democracia "a la uruguaya". Un análisis electoral del período 1925-1984. Montevideo: El Libro Libre.FREGA, A. ; TROCHÓN, Y. 1991. Los fundamentos del Estado empresario (1901-1933). En: Revista del CLAEH (58-59): pp. 115-137.GARCÉ, Adolfo. 2002. Ideas y competencia política en Uruguay (1960-1973) Revisando el fracaso de la CIDE. Montevideo: Trilce. GALLINAL, Gustavo. 1938. El Uruguay hacia la dictadura. Montevideo: Nueva América.GEDDES, Barbara. 1994. Politician's dilemma. Building state capacity in Latin America. Los Angeles: University of California Press.GONZALEZ, Ariosto. 1942. José Serrato, técnico del Estado. Montevideo : (s.d.)GRACERAS, Ulises. 1970. Los intelectuales y la política en el Uruguay. Montevideo: Cuadernos de El País.GROSS ESPIELL, Héctor; ARTEAGA, Juan José. 1991. Esquema de la evolución institucional del Uruguay. Montevideo: FCU.HAEDO, Eduardo Víctor. 1936. La caída de un régimen. Tomo I. Montevideo: Instituto Penal.HALL, Peter. 1986. Governing the economy. Oxford: Oxford University Press.HALL, Peter. 1993. Policy paradigms, social learning and the state. En:Comparative Politics. (275 - 296), Apr. 1993.HANSON, Simon. 1938. Utopia in Uruguay. Some chapters in the economic history of Uruguay. New York: Oxford University Press.INSTITUTO DE ECONOMÍA. 1971. El proceso económico del Uruguay. Montevideo: UDELAR. Departamento de Publicaciones.JACOB, Raúl. 1981. Uruguay 1929-1938: depresión ganadera y desarrollo fabril. Montevideo: FCU.JACOB, Raúl. 1982. Historia de la industria en el Uruguay. Montevideo: FCU.JACOB, Raúl. 1983. El Uruguay de Terra (1931-1938). Montevideo: EBO.JACOB, Raúl. 1988. Modelo batllista. ¿Variación sobre un viejo tema?. Montevideo: FCU.JACOB, Raúl. 1991. Banca e industria: un puente inconcluso. Montevideo: FCU.JACOB, Raúl. 1991. Banca, Estado y poder económico: directorios 1915 - 1940. Montevideo: CIEDUR. Documento de Trabajo Nº10. JACOB, Raúl. 1994. Historia de empresas e Historia de bancos. Montevideo: Facultad de Ciencias Sociales, Unidad Multidisciplinaria. Documento de Trabajo Nº14JACOB, Raúl. 1996. Más allá de Montevideo: los caminos del dinero. Montevideo: Arpoador.JACOB, Raúl. 2000. El Banco de la República Oriental del Uruguay: un banco "multifuncional". Montevideo: Facultad de Ciencias Sociales, Unidad Multidisciplinaria. Documentos de Trabajo Nº51.JEPPERSON, R.; MEYER, J. 1991. The public order and the construction of formal organizations. En: POWELL, Walter; DIMAGGIO, Paul. The new institutionalism in organizational theory. Chicago: The Chicago University Press.LINDAHL, Goran. 1971. Batlle: fundador de la democracia en Uruguay. Montevideo: Arca.MARCH, James; OLSEN, Johan. 1997. El redescubrimiento de las instituciones. México: Fondo de Cultura Económica. MARTÍNEZ, Martín C. 1964. Ante la nueva constitución. Montevideo: Ministerio de Instrucción Pública y Previsión Social.MEYER, J.; ROWAN, B. 1991. Institutionalized organizations: formal structure as myth and ceremony. En: POWELL, Walter; DIMAGGIO, Paul. The new institutionalism in organizational theory. Chicago: The Chicago University Press.MORATÓ, Octavio. 1943. Los funcionarios de las industrias del Estado. Montevideo: Ceibo. MORATÓ, Octavio. 1976. Al servicio del Banco República y la economía uruguaya (1896-1940). Montevideo: Cámara de Representantes.MORSTEIN MARX, F. 1963. The higher civil service as an action group in western political development. En: LA PALOMBARA, Joseph (ed.). Bureaucracy and political development. Princeton: Princeton University Press.NAHUM, B.; et. al. 1991. Crisis política y recuperación económica. Montevideo: EBO.NAHUM, B. 1993. Empresas públicas uruguayas. Origen y gestión. Montevideo: EBO.NAHUM, B. 1994. La deuda externa uruguaya (1864-1930). Montevideo: EBO.NAHUM, B. 1998. La época batllista. Montevideo: La República, EBO.NAHUM, B. 2003. Acerca de la fundación del Banco de la República: los papeles Lessa. Montevideo: UDELAR, Departamento de Publicaciones.ODDONE, J. A. 1967. Mauá, el banquero del Imperio y de la crisis. En: Cuadernos de MARCHA (5) : pp. 39-50.OSZLAK, O. 1989. Diagnóstico de la Administración Pública. Montevideo: Instituto Nacional del Libro, ONSC, Fundación Hans Seidel.PANIZZA, F.; PÉREZ PIERA, A. 1988. Estado y Sociedad. Montevideo: FESUR – FCU. PANIZZA, Francisco. 1990. Uruguay: Batllismo y después. Pacheco, militares y tupamaros en la crisis del Uruguay batllista. Montevideo: EBO.PAPADÓPULOS, Jorge.1993. Seguridad Social y política. Montevideo: CIESU.PERROW, CH. 1986. Sociología de las organizaciones. México: MCGRAW-HILL.PETERS, B. Guy. 1999. La política de la burocracia. México: CNCPAP, FCE.PIVEL DEVOTO, J. 1976. Los Bancos 1824-1868. En: Revista Histórica (Publicación del Museo Histórico Nacional) XLVIII (s.d) POWELL, Walter; DIMAGGIO, Paul. 1991. The new institutionalism in organizational theory. Chicago: The Chicago University Press.PROYECTO AGENDA URUGUAY. 2001. Servicios públicos: aportes hacia una política de Estado. Montevideo: Trilce, Centro de Estudios Estratégicos 1815.QUIJANO, Carlos. 1995. La economía uruguaya entre 1880 y 1965. Montevideo: Cámara de Representantes.RAMA, Germán. 1987. La democracia en Uruguay. Buenos Aires: GEL.RAMA, Martín. 1991. El país de los vivos: un enfoque económico. En: SUMA (11) : pp. 7-36.RAMELA DE CASTRO, Ramón. 1923. Entes autónomos: organización administrativa del dominio industrial del Estado. Montevideo : (s.d.)RAMÍREZ, Juan Andrés. 1967. Dos ensayos constitucionales. Montevideo: Ministerio de Instrucción Pública y Previsión Social.RAMOS, Conrado. 2004. Una oportunidad políticamente desaprovechada: La reforma de la Administración Central en el Uruguay. Tesis Doctoral.REAL DE AZUA, Carlos. 1964. El impulso y su freno. Montevideo: EBO.REAL DE AZÚA, Carlos (comp.). 1968. El Uruguay visto por los uruguayos. En:Biblioteca Uruguaya Fundamental. Tomo 1 (36). Montevideo: Centro Editor de América Latina. REAL DE AZÚA, Carlos. 1969. La clase dirigente. Montevideo: Nuestra Tierra. REGISTRO NACIONAL DE LEYES Y DECRETOS. 1932. Año 1931. Montevideo: Diario Oficial.REYES ABADIE, W.; WILLIMAN, C. 1969. La economía del Uruguay en el siglo XIX. Montevideo: Nuestra Tierra.REYES ABADIE, W.; VÁZQUEZ ROMERO, A. 1981. La nueva economía. En:Crónica General del Uruguay (58). Montevideo: EBO.REYES ABADIE, W. (s.f.) Julio Herrera y Obes, el primer jefe civil. Montevideo: La República, EBO. ROCKMAN, Bert. 1992. The new institutionalism and the old institutions. En:Conference on the dynamics of American politics, University of Colorado, feb. 1992.RODRÍGUEZ, Julio. 1969. Los grandes negocios. En: Enciclopedia Uruguaya(29). Montevideo: Reunidos, Arca. RUDOLPH, LL.; HOEBER RUDOLPH, S. 1984. Autoridad y poder en la administración burocrática y patrimonial. En: OSZLAK, Oscar (ed.). Teoría de la burocracia estatal. Buenos Aires: Paidos. SAYAGUES LASO, E. 1991. Tratado de Derecho Administrativo. Tomo II. Montevideo: FCU.SCHNEIDER, Ben Ross. 1991. Politics within the state. Elite bureaucrats ; industrial policy in authoritarian Brazil. Pittsburgh: University of Pittsburgh Press.SIKKINK, Kathryn. 1991. Ideas and Institutions. Developmentalism in Brazil and Argentina. Ithaca: Cornell University Press.SIMONET, Douglas. 1991. La apacible sordidez de la burocracia. Montevideo: PRONADE.SKOCPOL, T.; WEIR, M. 1993. Las estructuras del Estado: una respuesta keynesiana a la depresión. En: Revista Zona Abierta (63/64): pp 74-153.SOLARI, Aldo. 1964. Estudios sobre la sociedad uruguaya. Tomo I. Montevideo: Arca.SOLARI, Aldo. 1965. El tercerismo en el Uruguay. Montevideo: Alfa.SOLARI, Aldo. 1967. El desarrollo social del Uruguay en la posguerra. Montevideo: Alfa.SOLARI, A.; FRANCO, R. 1983. Las empresas públicas en el Uruguay. Montevideo: FCU.TRÍAS, Vivian. 1966. La crisis del dólar y la política norteamericana. La guerra del oro y la diplomacia. Montevideo: El Sol.TRÍAS, Vivian. 1990. Banca y neoliberalismo en Uruguay. Montevideo: Cámara de Representantes, EBO.TROCHÓN, Y.; VIDAL, B. 1993. El régimen terrista (1933-1938). Montevideo: EBO.VARELA, JOSÉ PEDRO. 1969. De nuestro estado actual y sus causas. Montevideo: Arca.WEBER, Max.1992. Economía y Sociedad. Bs. As.: FCE.WEBER, Max. (s.f.) La política como vocación. Fichas del ciclo básico, Nº 30. Montevideo: FCU.WELKER, Juan Carlos. 1944. José Serrato, un ejemplo. Montevideo: Barreiro y Ramos.WILLIMAN, José Claudio; et al. 1996. Centenario del BROU. Montevideo: Academia Nacional de Economía.ZUBILLAGA, Carlos. 1979. Las disidencias del tradicionalismo: el radicalismo blanco. Montevideo: ARCA, CLAEH.ZUBILLAGA, Carlos.1982. El reto financiero. Montevideo: ARCA-CLAEH.ZURBRIGGEN, Cristina. 2003. Estado, empresarios y la búsqueda de rentas. El Contralor de Exportaciones e Importaciones 1931-1961. En: Terceras Jornadas de Historia Económica de la Asociación Uruguaya de Historia Económica (AUDHE)Montevideo, 9 al 11 de julio de 2003.ZURBRIGGEN, C. 2006. Estado, empresarios y redes rentistas. Montevideo: ICP – FCS – EBO.
Issue 8.6 of the Review for Religious, 1949. ; ¯ A.M. D~G. Reviewfor Relig°ions NOVEMBER 15, 1949 Roman Con.grecjations :. ¯ ¯ ¯ . JosephCreusen How Often Must We Pray? . Gerald Kelly Acjes of the Interior Life .". G. Augustine Ellard "We Are His Members!" . M. Raymond Questions Answered Books' Reviewed Annual Index :h VOLUME VIII NUMBEk 6 REVIEW FOR RELIGIOUS VOLUME VIII NOVEMBER, 1949 NUMBER 6 CONTENTS THE ROMAN CONGREGATIONS-~3oseph Creusen, 8.3. . . . 281 HOW OFTEN MUST WE PRAY?--Gerald Kelly, S.J . 289 THE THREE AGES OF T'HE INTERIOR LIFE-- G. Augustine Ellard, S.J . 297 "WE ARE HIS MEMBERS!"--M. Raymond, O.C.S.O . 317 QUESTIONS AND ANSWERS-- 40. "Reform" of Cloistered Communities . 323 41. Religious Wears Graduation Pin . 324 42. Sister as Organist in Parish Church ." . 325 43. "Class Money" for Personal Needs . ' . 325 BOOK REVIEWS-- The Day with Jesus and Mary; She Who Lived Her name; The Happi-ness of Heaven . 326 BOOK NOTICES . : . . 328 BOOK ANNOUNCEMENTS . 331 OUR CONTRIBUTORS . 332 ANNUAL INDEX . . . ." . " . 333 REVIEW FOR RELIGIOUS, .November 1949, Vol. VIII, No. 6. Published bi-monthly: January, March, May, July. September, and November at the College Press, 606 Harrison Street. Topeka, Kansas,. by St. Mary's College, St. Marys, Kansas, with ecclesiastical approbation. Entered as second class matter January 15, 1942, at the Post Office, Topeka, Kansas, under the act of March 3, 1879. Editorial Board: Adam C. Ellis, S.J., G. Augustine Ellard, S.J., Gerald Kelly, S.J. Editorial Secretary: Alfred F. Schneider, S.J. Copyright, 1949, by Adam C. Ellis. Permission is hereby granted for quotations of reasonable length, provided due credit be given this review and the author. Subscription price: 2 dollars a year. Printed in U. S. A. Before writing to us, please consult notice on inside back cover. The Roman Congregat:ions Joseph Creusen, S.J. gO,~ religious who, have not made a study of canon law the terms Roman Curia' and "Sacred Congregation" will not suggest a clear picture or ide~. Superiors, of course, know that recourse "to Rome" is necessary in order to obtain certain permissions or dispensations and that their petition will be forwarded to the Sacred Congregation of Religious by their local ordinary o~. by the Apostolic Delegate. Eventually an answer will arrive from the Sacred Con-gregation through the same channel, signed by a cardinal prefect or by the secretary, and there will be a fee to pay. And that is about the extent of their knowledge. Hence the purpose of the following pages is to introduce our readers to this ancient and important institution. Name and Oflfce of Cardinals The early popes like other bishops had their particular clergy, consisting of clerics of both lower and higher rank, among whom priests and deacons held a special place. They were attached to the principal churches of the diocese of Rome, and therefore to the "title" of the church, being attached to it as :it were by a "'cardo'" or hinge. Hence, they were said to be "'intitulati'" or "'incardinatL'" On account of their higher rank the deacons and priests of the Roman diocese so connected with a special church were called "'cardinales'" (cardinal priest, cardinal deacon). Little by little the term "'card[nalis'" (cardinal) was restricted to designate the first priest or deacon of the main churches of Rome. When freedom was granted to the Church by the conversion of the Emperor Constantine, the popes began to call the bishops of the " neighboring dioceses to assist them in certain solemn ceremonies and to ask their advice in more important matters. This was done par-ticularly in provincial Roman councils. Thus it happened that the bishops of the nearby dioceses, who were summoned more frequently to assist the pope, were also called cardinals, or "cardinal bishops." The evolution of this institution of ca~rdinals took a long time. By the end of the fifth century the city of Rome had been divided into seven districts each under the authority of'a "cardinal deacon" 281 JOSHPH CRHUSHN Reeiew ~or Religious who cared for the economic condition of that district and especially for the welfare of the poor. The "cardinal priests" were at the head of the great basilicas and the other principal churches of Rome. From the twelfth century on the "cardinal bishops," called "'suburbicadi'" or "suburban" .(of the cities adjacent to Rome), numbered six. Plus V. (Const. Feb. 17, 1568) for the first time reserved the tide "cardinals" to" his councillors. During the early centuries of the Church the right to choose the new pope was exercised exclusively, or at least partially, by the clergy of Rome, by the citizens of that city, by the noble families, and by the Emperor. Finally, when it became possibIe for the popes to reserve this important right to the cardinals, their dignity and influence were much increased. They were then entrusted with the most important offices of the Roman curia. Those who resided in Rome were more or less frequently gathered in a "consistoriurn'" and became, as it were, the senate of the pope. The legates sent to vari-ous parts of the world by the Holy Father were chosen from among the resident cardinals. With greater centralization of Church government, the number and the difficulty of matters submitted to the Holy See became con-siderably increased. In imitation of civil governments, the pope was obliged to establish "offices" (boards of cardinals, councillors, and clerks) to assist in making new laws and in governing the extensive organization which was required to handle the great volume of business relating to such things as financial affairs, faculties of bishops and their relation to regulars, the struggle against heresy, the interpretation and the introduction of the decrees of the Council of Trent--~to m~ntion only the more important ones. Sixtus V is regarded as the real founder of the Roman congrega-tions. He fixed the number of cardinals at seventy--six cardinal bishops, fifty cardinal priests, and fourteen cardinal deacons1. He also reorganized the sacred congregations, incre.asing their number to fifteen (January 22, 1588). Reform of Pius X From the very beginning of his reign Dius X determined to revise the law of the Church. He made a start with the constitution 1A cardinal deacon is, of course, at least a priest, but his "title" is a church which in early ages belonged to a deacon. Many. of the cardinal priests are bishops, but they have a °'presbyteral ~itle." 282 Nouember, 1949 THE ROMAN CONGREGATIONS Sapienti consilio, dated June 29, 1908, by which he reformed the Roman Curia. This legislation was incorporated latei: on, almost without change, into the new Code of Canon Lau), which was promulgated in 1917. According to the. reform of Plus X the Roman Curia now consists of fifteen sacred congregations, three papal tribunals or courts, and five offices, such as that of the secretarg of state.In this article, however, we shall confine ourselves to the sacred congregations and make practical applications of what is said to the Sacred Congregation of Religious. Roman Congregations A Roman congregation is a board of ~ardinals who have a very accurately defined part in the government of the Church. They are assisted by a group of major and minor officers, and by a body of councillors called consultors. At the head of every congregation we find a cardinal prefect, except in the cases of the Holy Office, the Congregation for the F~astern Church, and the Consistorial Congre-gation. The pope himself is the head of these three congregations, and the cardinal who would otherwise be the prefect takes the place of the secretary and is called assessor. All the other congregations have a secretary and a subsecretary. The secretary of a congregation plays a very important part in transacting its business. Consultors To assist in the study of difficult questions proposed to the con-gregations, each one of them has a board of councillors who are called consultors. They are chosen from among the diocesan clergy and from among religious, are specialists in their field, come from various countries of the world, and most of them reside in Rome where they are engaged as professors or hold a post in.the curia of their order or congregation. Some of these consultors are Roman prelates. Minor Ot~cials To help the secretary and the subsecretary in the solution of the ordinary problems and cases which are presented to a congregation, we find a group of monsignori and priests who are called "'aiutanti di studio." These are internal councillors as contrasted with the consultors mentioned above, who may be termed external councillors since they do not ordinarily meet for consultation in the congrega-tion. Then another group called "'minutanti'" are in charge of 283 JOSEPH CREUSEN Review for Religious summing up the petition.s, while the "'protocolist'" (one or more~ takes care of the documents and puts them in order. Finally, each congregation.has a bursar, an archivist, and a group of lay helpers who are called ushers. The Sacred Congregation of Religious Let us now pay a visit to the Sacred Congregation of Religious. This will be the best way of explaining what a Roman congregation is and what it does. Pius XI built a modern office building to house the Sacred Con-gregations. It is called the Palazzo delle Congregazioni (palazzo meaning any large, ornate building),, and it is situated in the Piazza San Callisto near the old church of S. Maria Trasteoere (across the Tiber). Nearly all the congregations have their quarters in this modern building, and the two upper floors afford lodging for many officers of the congregations. Entering a courtyard we have an immediate view of this imposing edifice. On the right, as we pass along we see a beautiful fountain flanked by a statue of Plus XI, a memorial to the founder of this new home of the congregations. In the driveway immedi-ately in front of the building, we may see several autos with the legend "S C V" (Servizio Cittd Vaticano) in lieu of license plates. This indicates that one or more cardinals are already in their offices. We enter the building at a door marked "Congregation of Religious'" and find ourselves in a long corridor with high windows and ceilings. Going to the end of this corridor, on the left we find a large assembly room where various committees and consultors meet under the chairmanship of the cardinal prefect or the secretary of the con-gregation; then comes a series of smaller waiting rooms for visitors. On the right we find a waiting room and the office of the cardinal prefect and that of the secretary of the congregation. Smaller offices house the roinutanti, protocolist, bursar, and archivist. This latter is the antechamber to a very large room which has a balcony all around, and is used to keep all the documents of the Sacred Congre-gation. These are contained in steel files, in alphabetical order of the diocese in wh.ich the mother house of an institute is situated. To the right of the entrance we find another series of offices-- subsecretary, various business offices for religious men, for teaching and nursing sisters, and for the past two years an office for the secretary and committee in charge of secular institutes. 284 Nooember, 1949 THE ROMAN CONGREGATIONS The offices of the congregation are open to the public for business from 9:00 A.i~, to 1:00 P.M. During these hours the waiting rooms are filled'with religious priests, Brothers, and Sisters, who wear various habits, some ~f which would appear strange to us. Some are dressed in civilian clothes and have no religious habit. These are members of the recently established secular institutes. During office hours the officers and employees are kept very busy, and during an interview with the secretary one will ordinarily be interrupted two or three times in twenty minutes by an usher who brings a document to be signed. The Congregation of Religious is competent to handle almost any matter which concerns religious. When necessary, the secretary will send a petition to another congre-gation or ask for special faculties from the Holy Father. The subject matter of petitions sent to the Sacred Congregation of Religious covers a great variety of things of greater or less importance. For ordinary dispensations the cardinal prefect or the secretary have habitual faculties, and they will grant directly the dispensation requested. Thus, by way of example, we may mention: permission to change a last will and testament, to remain outside the religious house for more than six months, to leave papal cloister in order ~o undergo a surgical operation. For all petitions which require some discussion, a meeting called a congresso is held at least once a week. At this meeting the car-dinal prefect, the secretary, and the subsecretary are present. Som~- times one or more consultors are asked to be present to give their opinions or to discuss the report ("ootum") they have written on the subject. According to an ancient practice all questions of some importance were submitted to the "congregation," that is, to the cardinals who form the Congregation of Religious; but Pius XII has enlarged the competence of the "'cor~gresso pieno'" (full meetings)', that is, when some consultors are called to discuss questions with the cardinal prefect, the secretary, and the subsecretary, and sometimes one or other members of the congregation. The cardinals who are members of the Congregation of Religious gather in the Vatican Palace every Friday for a meeting which is called "'plenaria.'" There are twenty-three cardinals who are mem-bers of the Congregation of Religious at present, but only eleven of them reside in Rome. The others may sit in at a meeting when they happen to be in Rome for their "'ad limina'" visit, or on some other occasion. The cardinals who live in Rome are called "Cardinals in 285 ¯ .JOSEPH CREUSEN Revieto [or Religious Curia." A week before the meeting, each one receives a copy of printed documents regarding the case or cases to be ~.iscussed. These will ordinarily consist of a copy of the petition to be heard, the ,doubt to be solved, and the report (called "'votum") of one or more consultors. One of the cardinals is designated to explain the case to the assembly. He is called the Cardinal Ponens. Instructions or decrees to be issued by the Sacred Congregation, the approval of new religious institutes, difficult juridical questions, are examples of mat-ters discussed in the plenary session of the congregation. Every second and fourth Monday of the month, the cardinal prefect is received in private audience by the Holy Father who makes the final decision-~either approving the results of the plenary session or requesting a further study of the question. In the Congregation of Religious there are five boards or "com-missions" made up of various consultors according to their special competence. Among the more difficult tasks of the congregation is the preparation of instructions and decrees. These require long and arduous study on the part of the higher officials and of certain con-suitors. Our readers may be familiar with some of th~ more recent ones such as the following: the decree on military service for religious (January 1, 1911) ; the instruction on the second year of novitiate (Noyember 5, 1921); on the papal cloister 6f nuns (February 5, 1924); on secular institutes (March 19, 1948). Only canonists can. appreciate how much time and work are consumed in the preparation of such documents. Usually the preparatory work is entrusted to a board of consultors tinder the direction.of the secretary or subsecretary. The final meetings will be presided over by the cardinal pre.fect himself. Ordinarily one or two consultors prepare a draft which will then be discussed by the entire board. Being canonists themselves, many of the consultors realize how accurately terms must be chosen to avoid criticisms of the text and doubts which might arise as to the meaning of this or that word. Even the,non-canonists contribute useful suggestions. Since the consultors come from various 'countries, they look at the matter in the light of the special conditions in their own countries. Hence no one will be surprised to learn that some instructions are discussed for one, or two, or even three years before they are ready for publication. 286 Nouember, 1949 THE ROMAN CONGREGATIONS Procedure in the Congregation A simple example will give us an idea of how ordinary routine business is conducted by the Congregation of Religious. A superior general with the approval of his council decides to ask the Sacred Congregation for permission to contract a debt of $100,000 to enlarge or to equip a school or hospital. The petition must be writ-ten in Latin, Italian, or French. The petition is usually addressed to The Holy Father according tO a well-known form: "Most Holy Father: The undersigned N.N., superior general of the congregation of N.N. (mother house in the diocese of X), pros-trate at the feet of Your Holiness, sets forth the following." ' Then come~ the petition itself: "With the approval of my gen-eral council I ask for permission to contract a debt of :;100,000 to equip on a more modern scale, a hospital, school . . ." ~ Then the need for the improvement will be briefly and clearly exposed. If the congregation has other debts the superior is obliged to mention them also. It is very important to assure the Sacred Congregation that the religious institute will be able to pay the interest regularly fiom ordinary income and, after not too long a time, to retire the capital debt. The petition ends with the form: "And may God, etc." without finishing the clause. Then a final "Your Holiness' most humble servant in Christ," followed by the signatures of the superior gen-eral and his general councillors. If the approval of the general coun-cil is not required, the councillors do not sign the petition. If the congregation has a cardinal protector, the petition may be sent to him, and he will forward it to the congregation with his recommendation. For less important matters it will be sufficient to have the document signed and sealed by the local ordinary and by tbe religious major superior. It should be addressed directly to: ."His Eminence, Cardinal Lavitrano, Prefect of the S. Congregation of Religious, Piazza S. Calli~to, Rome, Italy." According to the importance of the matter, the favor will be granted immediately by the cardinal prefect or by the secretary, with or without having been examined by a consuhor. Certain matters are frequently discussed in the congresso; and if it be something still more important or difficult, it will go through a "plenary session" of the cardinals and will finally be submitted to the pope in private 287 ,JOSEPH CREUSEN audience by the cardinal prefect. For many indults a printed form is used, and the clerk has only to fill in the name of the petitioner and perhaps add a brief remark. If the petition was not presented by the cardinal protector, the indult will have to be claimed at the treasurer's office by an agent. Small religious congregations which have no agent of their own in Rome usually send in their petitions through the diocesan chancery of the mother house, and then the local ordinary's agent will take care of them. In such cases the favor is frequently not granted directly but faculties are given to the local ordinary of the mother house (general or provincial) to grant the favor "if he finds the motives and the circumstances alleged to be true." On the back of the indult are.indicated the various fees to be paid. The first is an alms to be given the Sacred Congregation on the occasion of the granting of the favors; the second is a tax in compensation for the expenses involved (work of the clerks, report of the consultor, and so forth); the third is an alms for whoever executes the indult; the fourth fixes the sum the agent may ask for his work and expenses. Conclusion Perhaps one of my readers will ask me in a low voice, "Why does it occasionally take such a long time to get an answer back from the congregation?" I could igive many reasons. It is not always the fault of the officers of the congregation. Let me remind my readers of what I said above, that the Sacred Congregation has general com-petency for practically all matters concerning religious. Now, according to very incotnplete statistics, published in 1942, the reli-gious congregations with papal approval number about 111,000 religious men and 587,000 religious women. These figures do not include the numerous members of diocesan congregations, nor the r~ligious orders; hence, no mention at all of the hundreds of monas-teries of religious nuns. To give but one small example of the num-bers of diocesan religious, a Belgian bishop once told me that he had ii/:ty (yes, I mean i/fry) smaller or larger mother houses in his dio-cese. This being so, it will not be useless to have a friend in Rome who can go to the Sacred Congregation and inquire of some employee about your business. 288 l-low Orq:en Must We Pray? Gerald Kelly, S.J. DURING the years I have.been teaching religious, particularly Sisters, I have often been presented with this problem: "Exam-inations of conscience sometimes contain the.question, 'Did I miss my morning and even!ng prayers, and my grace before and after meals?' Does this question mean that such daily prayers are obliga-tory? And if they are not obligatory, how are we to explain the question to children?" The problem, be it noted, concerns obligation. It pertains there-fore to moral, not to ascetical, theology; and it is as a moral problem that I intend to treat it. But before I touch upon the actual ques-tion, I should like to make some preliminary observations that may prevent misuntterstandings. Preliminary Observations I lay claim to no special knowledge, acquired or infused, natural or supernatural, concerning the teaching of catechism to children. In fact, I may state quite frankly that at the end of the one year of my Jesuit life in which I had the duty (or privilege) of teaching cate-chism to third-graders I was thoroughly convinced that I had not reached their minds with a single idea. As a fellow Jesuit once put it to me when we were returning home after a catechism session, "Every time I leave that class, it's with a feeling of having been thwarted." Despite that year of frustration, I still retain certain notions concerning what ought and what ought not to be taught to children. For one thing, I believe it is much better to show children (and per-haps adults, too) the fittingness, the loveliness, and the beauty of the various acts of prayer than to try to make precise distinctions con-cerning their obligation to pray) If they love prayer, they will pray; and thus they will fulfill these obligations even though they cannot define them. This seems to be in keeping with the common opinion of theologians to th~ effect that Catholics who lead a devout lFor material on the fittingness and beauty of some of the acts of prayer mentioned in this article confer, among other things, these articles in REVIEW FOR RELIGIOUS: Moral Beautg in Our Duties toward God (I, 244-52) ; The Life of Faith (II, 41- 51); and Are You Sorrg for Your Sins? (III, 335-48). 289 GERALD KELLY Reoiew /~or Religious life need never worry about failing to fulfill their various duties to pray. Nevertheless, it is not right, merely in order to encourage children to do good, to foster an erroneous notion concerning their obliga-tions. Consequently, when any book or statement gives them the impression that they have a strict obligation though in reality they do not, that impression should be tactfully corrected. As regards daily prayers in particular, I might observe before discussing the main question that, even if there should be an obliga-tion to pray every day, there is certainly no duty to pray at definite times of the day, for example, in the morning or evening. Evidently these are fitting times. Yet pious Catholics who humbly confess that they did not say (heir morning prayers but said them later in the day surely have a false conscience if they think that in so acting they sin. Moreover, even if there should be an obligation to pray daily, there is clearly no obligation to say the prayers in some definite posi-tion. Some people seem to think that if they do not kneel when they pray they are doing wrong. A notion of this kind should be ~orrected--or, better still, prevented. Now for the question: is it obligatory, at least under pain of venial sin, to pray every day? Official pronouncements of the Churcl'i do not answer this question. A casual reading of Sacred Scripture seems to answer it in the affirmative. For instance, we are told: "Pray without ceasing" (I Thess. 5:17); "We ought always to pray" (Lk. 18 : 1) ; and "Be instant in prayer" (Col. 4:2). Texts like these appear to demand at least daily prayer; yet we know, from the traditional teaching of approved theologians, that such texts need not be taken in their full literal force. In part, at least, they express a counsel, not a command. To know the extent of the Obligation we have to turn to the writings of the moral theologians. Meaning of Prayer What do theologians mean by prayer? In general they distin-guish between prayer in the strict sense and prayer in the wide sense. In the strict sense prayer refers to petition, and it is defined as the "asking for becoming things from God." In the wide sense itmeans "any lifting of the soul to God," or any attual "communion with God." In this latter sense prayer includes acts. of faith, hope, love, adoration, petition, thanksgiving, praise, contrition, and so forth. It seems unquestionable that when we consider the problem of 290 November, 1949 HOW OFTEN MUST WE PRAY? daily prayers we are referring not merely to the prayer of petition but to prayer in the wide sense. To determine the exact obligation of praying, therefore, we ought to study what theologians have to say about the necessity of each of the acts mentioned in the previous paragraph. As a matter of fact, with reference to the necessity of prayer, moralists do not treat all these acts; but they do treat the principal ones: faith, hope, charity, contrition, and petition. These five acts, as treated by theologians, are primarily considered as inter-nal acts; though at times, of course, as when we speak of the neces-sity of certain acts with reference to confession, some external expres-sion is understood. Besides these various internal acts, theologians also treat of the necessity of social worship, which might include in some way many of the prayers not specifically treated elsewhere. A brief survey of these various sections of moral theology will give us all the background we need for a correct answer to th~ question: are daily prayers of obligation? Various Acts The Catholic life is a supernatural life: and faith is the founda-tion of supernatural living. It is evident, therefore, that faith must play an important part in the Catholic life. In fact, a truly devout life undoubtedly includes many acts of faith, at least implicitly, every day. But the fervent life is not the measure of obligation. Obligation refers to the minimum. And. when tbey speak of the obligation of making acts of faith, theologians are very conservative in estimating the required frequency. Treating of the necessity of making acts of faith, moralists first consider the nature of faith itself and its importance in the Christian life. From this consideration they conclude that every Catholic must make an act of faith at the beginning of his conscious moral life when he first realizes ~hat God has revealed certain truths to be believed. Another occasion that calls for an act of faith is had when the Church solemnly defines a certain doctrine and thus imposes upon us the duty of accepting it as divinely revealed. Besides specifying these two occasions, the most that theologians can say about the precept of faith in itself is that we must make acts of faith "at times" during life. Some have tried to define this obligation more accur-ately in terms of years, months, or weeks. These opinions are der-tainly worth reading; but they are merely opinions, not binding on anyone. 291 GERALD KELLY Review for Religious In the preceding paragraph I have indicated duties imposed on all Catholics by the precept of faith itself. Besides these, there are certain occasions when some other precept or special circumstance includes at least implicitly the necessity of making an act of faith. For instance, the duties of making acts of hope, charity, and contri-tion include the duty of making implicit acts of faith because such acts are impossible without faith. So, too, the duty of making a good confession or a good Communion. But in all these cases faith is not necessarily a separate act. Also, if one is facing a strong temptation which he cannot overcome without an act of faith, this act is obligatory. And if one has denied his faith by the sin of heresy or by apostasy from the true religion, he must, in reparation, make a new act of acceptance of the revealed truths he bad denied. The theol6gy on the necessity of acts of hope follows much the same pattern as I have outlined with regard to faith. From the dog-matic and ascetical points of view it would be difficult to e~aggerate the importance of hope. It must be present in the repentance of the sinner, in the heroism of the saint, and in the salutary perseverance of all the just. But concerning its prescribed frequency one must be cautious. Like faith, an act of hope is required at the beginning of one's moral life and "at times" during life. And like faith., it is at least implicitly required in certain other acts, for example, in an act of contrition, in a good confession, and in any effective prayer for grace. Also, an act of hope is required in reparation for a sin. of desperation. We next consider the best of all prayers, the act of love of God. That there are certain special occasions when an act of charity is imperative, is evident. For example, if a man is dying in the state of mortal sin and cannot receive a ~acrament, he can save his soul only by making an act of perfect contrition, which includes an act of charity. Also, if a person is in the state of mortal sin and must receive one of the sacraments of the living but cannot go to confes-sion, he is bound to regain the state of grace by means of perfect contrition. Even apart from these special occasions, one must at least occa-sionally during life make explicit acts of charity. This is the con-stant and universal teaching of eminent theologians, and the only teaching that the Church wilI'tolerat~. Absurd opinions such as these: it is enough to make an act of charity once in a life time, or once every five years--have been condemned. How anyone cc~uld* 292 Nooember, .I 9 4 9 HOW OFTEN MUST WE PRAY? hold opinions of this nature in view of the facts that the very ~ssence of the New Law is ~harity and that Sacred Scripture. urges us again and again to love God is somewhat of a mystery. Yet it is one thing to say that we must make acts of charity occa-sionally or even frequently; it is quite another to say how often they must be made. There is nothing defined on this point; and the theologians cannot determine it. All that can be said with certainty is that acts of charity should be made occasionally, or perhaps rather often, during life. In the preceding paragraphs I have made some references to the act of contrition. These were merely passing references. A sum-mary of the approved teaching concerning the necessity of this par-ticular act would run somewhat as follows. It is a conditional obli-gation; it depends on the fact that one has sinned. The Blessed" Virgin, for instance, could not make an act of contrition--and therefore could have no obligation to do so--because she never sinned. But for one who has sinned, contrition of some kind is an absolute requirement for forgiveness. For one who has committed a mortal sin, this clearly means that he has a serious obligation to make an act of contrition (perfect or imperfect, according to circum-stances) on the following occasions: when he is in danger of death; when he makes his yearly confession; when he is 'obliged for some special reason to 'acquire the state of grace (for example, when he receives a sacrament of the living). Venial sin does not require con-fession and is not an obstacle to the fruitful reception of the sacra-ments of the living; hence it seems that there is no definite occasion when contrition for venial sin is absolutely called for. Confession. of course, would make it conditionally necessary: that is, if one who has only venial sins wishes to go to confession, he is obliged to make an act of contrition. We come now to prayer in its strictest theological meaning, peti-tion. This kind of prayer may be considered under a twofold aspect: it is an act of worship of God, and it is a means of helping ourselves. As an act of worship, petition expresses our reverence for and dependence on God. Understood in this sense, prayer is certainly of obligation for all men, independently of their personal sanctity and of their special personal needs. Yet, if we limit our consideration of prayer to this sense, we can say no more about the frequency of the obligation than we said about the necessity of making acts of" faith. hope, and charity. We can simply say that every man, even the least 293 GERALD KELLY Review ?or Religious tempted, even the most perfect, even one confirmed in grace must pray occasionally. His very nature demands that he express his dependence on God in this way; but neither reason nor revelation tells clearly just how often he must so express himself. Prayer, however, is not merely a means of honoring God; it is also a personal necessity. In the providence of God, humble petition is the ordinary means of obtaining His blessings, particularly His grace, and grace is a necessity both for salvation and ~anctification. Since man is obliged to do at least what is required for his salvation, he is certainly obliged to pray. But how often must we direct our petitions to God? Must it be every day, or every time we need help? Theologians, having care-fully considered the data afforded by Scripture and Tradition, do not feel justified in giving an unqualified "yes" to such questions. The most that they can give as a general rule is that we must pray "very often." Beyond this, the answer is~ relative; some need to pray more frequently than others. As regards the prayers we have considered in the preceding para-graphs, one difficulty in estimating the obligations is that this must be done almost entirely without the help of definite statements by the Church. The case is different with reference to social worship; hence we need but mention this ~opic very briefly. The Mass is our principal form of social worship; and the Church.has stated quite definitely that we must assist at Mass on all Sundays and on clearly determined feasts of obligation. Conclusions I suppose that up to this point my discussion sounds m?re mathematical than religious. If it does, it is unintentional; I have not been inspired by any love of mathematics. I have no desire to urge people to count their prayers or their obligations. And I earnestly recommend for the comfort of all the common opinion of theologians to which I referred earlier in this article: namely, that those who lead a good Catholic life need not be concerned about any possible failure to fulfill their various duties to pray. Nevertheless, mathematics has its place; and one place is right here, in this conclusion. We have to ask ourselves whether all the duties to pray that have been outlined in this article add up to an obligation to say daily prayers. The answer is negative. If we prescind for a moment from the relative duty of praying for the 294 November, 1949 HOW OFTEN MUST WE PRAY ? graces we need, it seems that all the other duties can generally be fulfilled by the devout attendance at Mass at the prescribed times. The necessity of prayer for personal needs might increase this some-what, but there is no evidence that it is a daily duty for everyone. Do all moral theologians agree with the conclusion that daily prayer is not of strict obligation? The answer seems to be "yes, and no." They agree with,the conclusion ir~ theor~t; but many prefer to give a qualified answer for practice. These moralists would answer the questi6n concerning the duty of saying daily prayers somewhat as follows: "Theoretically, there is no obligation to pray every day. But in practice there is usually a sin in the omission of these prayers, because when daily prayers are omitted without a sufficient reason this is often due to a small fault of laziness, sensuality, or human respect." This formula, or one somewhat similar, is sponsored by eminent theologians; and catechists who wish to follow it in explaining the duty of praying are certainly justified in doing so. But I would not recommend it. I find it confusing. It says, on the one hand, that daily prayers are not of obligation; yet, on the other, it demands a sufficient reason under pain of sin for omitting them. This seems to beg the entire question. For if there is no obligation to say daily prayers, why should a reason be required under pain of sit~ for omitting them? As for the statement that failure to say these prayers could be a sin of laziness, this seems to ignore completely the distinction between imperfection and venial sin.2 For laziness is not a sin in the strict sense; it is an inordinate disposition or tendency, and it becomes sinful only when it leads to the neglect of some duty binding under pain of sin. In other words, laziness is an imperfec-tion when it induces one to'act against a counsel (e.g., to break a rule which does not bind under pain of sin), and it is a sin when it leads one to violate a precept (e.g., to miss Sunday Mass in whole or in part).8 And what I have said of laziness is similarly true of such things as sensuality and human respect. 2Some authors hold that a positive imperfection is a venial sin. These men might logically defend.the formula I am here criticizing. But many moralists who pro-pose this kind of formula also hold firmly to the distinction between positive imperfections and venial sins. aEven here, when we speak of the "sin of laziness," it is not a specific kind of sin, but merely the source of sin. This is obvious from the fact that when ones misses Mass through laziness, all that he is obliged to confess is the fact that he missed Mass. 295 GERALD KELLY Because of these difficulties, I would not personally recommend the formula. I prefer the practical explanation given by Father Tan-querey m his moral theology, which may be roughly translated as follows: "The faithful are to be urged to pray daily, especially in the morning to ask the graces they need for the day, and in the evening to thank God for benefits received, to make .an act of contrition for their sins, and to commend their souls to God before going to sleep. Those who omit their morning and evening prayers do not sin directly by this omission; but experience proves that, all other things being equal, those who do not say these prayers fall into sin more frequently than those who. do.TM One final point. In view of all that has been said, what is a catechism teacher to do when the examination of conscience for children includes the question: ':Did I miss my morning and evening prayers, and my grace before and after meals?" Before I answer, let me recall my own experience in teaching third-graders. With this experience in mind, I have not the temerity to suggest the precise method of illuminating young minds. All that I dare suggest is that the teacher try in some way to convey the following ideas to the children : "This question does not mean that you would commit a sin every time you omit these prayers. The question is put there to remind you that all of us must often p~ay and that those times are especially fitting times for prayer. If you do not pray at these times, there is a good chance that you won't pray at other times, either; and this would mean that you do not pray even when you really need it, and that would be a sin. So, keep the habit of saying these daily prayers, and when you go to confession check up on yourselves to see whether you have been saying them. If you find that you often miss your daily prayers, you will know that you are getting a bad habit, and you ought to correct it." 4Cf. A. Tanquerey, Synopsis Tbeologiae Moralis et Pastoraiis, II (1936), n. 861. 296 The Three Ages of the Interior Life G. Augustine Ellard, S.J. WITH the publication of the second volume of T~e Three Ages of the Interior Life1 the work is now. complete in English. The first volume was considered in this REVIEW, VI (July, 1947), 249. In what follows the work as a whole is discussed. I. Content As the title suggests, spiritual development is conceived and pre-sented after the analogy of organic growth. Corresponding to the periods of childhood, adolescence, and maturity in natural human life, there are in the supernatural life also three stages of spiritual evolution, namely, progress along the purgative, illuminative, and unitive ways. Moreover in both the natural and the supernatural orders each of the three periods is ushered in by a crisis. Of these the first is birth for one's physical life; corresponding to it there is justifi-cation, or the beginning of one's interior life. Adolescence is intro-duced by the second crisis, puberty; and, analogously to it, with "the night of sense" a person enters upon the illuminative way. Finally, the third natural crisis consists in attaining one's majority or reaching maturity; the spiritual correlate is "the night of the spirit," which is followed by the transforming union, the state of full super-natural maturation. It will be noticed that two of the three ages are mystical. In case one should fail to make sufficient progress, or grow up, one would become a dwarf or midget. In an elaborate arrange-ment, summarized diagrammatically on page 245 of volume I, degrees of the virtues, the functions of the gifts of the Holy Spirit, various purifications, and the grades of prayer are assigned to each of the three ages. So much for the general idea indicated by the title. The second volume covers the second and third ages, that is, the illuminative way of proficients and the unitive way Of the perfect. Treatment of the illuminative way is introduced with a discus-sion of "the second conversion" and the necessity for it. Here, 1THE THREE AGES OF THE INTERIOR LIFE, Prelude of Eternal Life. B~ The Rev. R. Gattigou-Lagrartge, O.P. Translated by Sister M. Timothea Doyle, O.P., Rosary College, River Forest, Illinois. Volume Two. Pp. xiv -b 668. B. Herder Book Co., St. Louis 2, Missouri, 1948. $7.50. 297 G. AUGUSTINE ELLARD Review for Religious besides Father Lallemant, who originated the expression, St. Cath-erine of Siena, Suso, and Tauler are drawn upon. Then the passive purification of the senses is handled; for this the great authority is St. John of the Cross. The principal characteristics of proficients are pointed out. After a chapter in which with the aid of a drawing the virtues and gifts of persons in this stage are fitted together into an imposing "spiritual edifice," the virtues, both moral and theo-logical, are taken up separately. There follows a section on docility to the Holy Spirit, ohe of the supernatural traits peculiarly empha-sized in this' work. Next the discernment of spirits, the Sacrifice of the Mass, Holy Communion, and devotion to Mary are dealt with inasmuch as they pertain specifically to this second age. After some pages on "the universal accessibility of the mysticism of The Imita-tion," we come to what in all this matter seems to be the author's leading preoccupation, namely, a series of chapters on contemplation. The author professes-to describe the passage from acquired prayer to initial infused contemplation in accordance with the teaching of St. Francis de Sales, St. Thomas, St. Teresa, and St. John ot: the Cross. In the official condemnation by the Church of the errors of the Quietists Father Garrigou-Lagrange finds a confirmation of his doctrine on the beginnings of infused prayer. Then there follows a more cbntroversial discussion of certain questions ~elative to infused contemplation; how, for instance, it should be defined, what its intimate nature is, what forms its progress takes, what it does not require, what the call to it is, and so on. Finally, the treatment of the illuminative way and of the third part of The Three Ages is concluded with a consideration of the agreements and disagreements between St. Teresa and St. John. The one is not a theologian and the other is. Part Four is concerned with the mature age and the unitive way of the perfect. In particular, it describes the passive purification .of the spirit, the habitual union of perfect souls with God, "the way of spiritual childhood" constituting a special form of the perfect life, the heroic degree of the virtues, and lastly different forms and degrees of the unitive life. Under this general heading come the perfect apostolic life, advanced reparation, the influence of the Holy Spirit in those who have reached this period, arid mystical union and ecstatic union according to St. Teresa, and then at last the trans-forming union, prelude to the union of heaven. At this point by way of appendix the author does a most unusual thing: he inserts a whole article by another writer who shares the same opinions on the 298 Not~ember, 1949 AGES OF THE INTERIOR LIFE mystical problems that have been much debated in recent years. The fifth part deals briefly with extraordinary graces, that is, those miraculous favors which sometimes accompany high sanctity. The differences between facts of divine origin and morbid phenomena are pointed out. The diabolical manifestations of possession and obsession are also considered. The "Epilogue" returns again tb controversy. The first part is on "the axis of the spiritual life and its unity," the axis being faith, hope, and charity, and is made up mostly of a discussion about the distinction between ascetical and mystical theology. The second part deals with "the beatific vision and its normal prelude." One might think that this prelude, mentioned so often, would be a high degree of purity or virtue. Rather it is infused contemplation, especially as it occurs in the transforming union. The great raison d'etre of this whole large work, treating the spiritual life from beginning to end, seems to be to propound the thesis that infused contemplation comes within the normal develop-ment of the interior life and is morally necessary for the full perfec-tion of Christian life. Everything appears to be centered around that thesis. Over and over again it is indefatigably reiterated. On this more than on anything else will probably depend the permanent value and importance of the work. According to the author beginners meditate, that is, practice a discursive method of prayer, though their meditation may become simplified. Of course they receive help from the gifts of the Holy Spirit, present in all just souls, but this influence is latent and is not characteristic of their kind of prayer. If they advance as they should and if no special obstacles intervene, they will be given the grace of. infused contemplation. All contemplation practically, or at least contemplation as "the great masters" understood it, is infused. It is so called because it is due to a special inspiration coming through the gifts and is not at our disposal, like, for example, the ability to meditate, It proceeds from living faith illumined by the gifts of wisdom and understanding. Ordinarily the first form of infused contemplation granted by , the Holy Spirit is that described by St. dohn of the Cross as "the night of sense.". Then, if one be faithful and continue to make sufficient progress, one will also go through all the mystic ascensions as set forth by St. Teresa and St. 3ohn and finally come to rest in the transforming union or mystic marriage. Here the full perfection both of contemplation and of the Christian life are attained. More- 299 G.AUGUSTINE F~LLARD for Religious over, to this happy state all are called. As a matterof fact it is rare, but that is only because men are not generous enough in accepting the graces that would bring them to it. Thus a magnificent prospect is opened out before one who undertakes to pursue the spiritual life in earnest. I[. Merits Among the special values of The Three Ages would be included, I should say, these points: it is the latest and best expression of a very eminent theologian's doctrine; it is an excellent presentation of the spirituality of the present-day Dominican School; one can learn a considerable amount of theology from it; and, most of all, it has great inspirational power and force. Father Garrigou-Lagrange has long been a theologian of great distinction. In the Thomist school he has been among the first and foremost for a generation. To his credit there stands a long list of learned works in philosophy and dogmatic theology. For a number of years he has also taken a very keen interest in ascetical and mysti-cal theology and here too he has written very much. Altogether he is said to have published more than two hundred articles or books. His influence, in spiritual matters and ideas is very great, and any-thing that he proposes is apt to be taken up and propagated by numerous lesser authorities. The Three Ages sums up, completes, and puts in convenient form most of the ideas which be has pre-viously taught in his other spiritual writings. Hence it is now, and very probably will remain, the definitive expression of his thought in ascetical and mystical matters. It is also an admirable presentation of the general spiritual doc-trine of a group of Dominican Fathers, and in varying degrees also of others who agree with them. In other words, it gives the teaching of a certain school of spirituality within the Church, and one, too, which in our time enjoys special favor and exerts great influence. The simplest way now to indicate the substance of their doctrine is to say that it is just that which is set forth in The Three Ages. No other work synthesizes it so well. One could also say that it is that sys-tem of spirituality which is proposed in France by La Vie Spirituelle, in Spain by La Vida Sobrenatural, and now in this country by the new Cross and Crown. Now that several of Father Garrigou- Lagrange's spiritual books have been translated into English, he is by all means the chief representative of this school in our language as well as in his own. 3OO November, 1949 AGES OF THE INTERIOR LIFE From what has been said it will surprise nobody that from n careful reading of The Three Ages one could learn much theology. The author is nothing if not a theologian; not, for instance, a psy-chologist. But one would have to remember carefully that it is the-ology of the Thomist school, not always simply Catholic theology. Throughout this work, from the first page to the last, St. Thomas is quoted over and over again; consequently one can learn much of the Saint's doctrine from it. An example of how theology enters into this second volume: the first chapter is concerned mostly with the language of spiritual writers as compared with that of the theo-logians. It is concluded that the language of the mystics, expressing infused contemplation, is the loftier of the two. Naturally those parts of theology are drawn upon most which relate to the practical living and development of the supernatural life: ~he inhabitation of the Blessed Trinity, sanctifying grace, the virtues, both moral and theological, the gifts of the Holy Spirit, the nature ot? Christian perfection, the Sacrifice of the Mass, Holy Com-munion, prayer, and contemplation. There is a chapter on the errors of the Quietists about contemplation and pure love. On this latter Father Garrigou-Lagrange wrote at great length in L'Amour de Dieu et la Croix de des.us. Of all the excellences of this work, the principal one, I should say, is its inspirational value. Eminent theologian that he is, the author keeps reminding his readers of the grand dogmas of Chris-tianity, their "infinite elevation," their implications for our affective and practical lives, and the supreme motive power that they could and should have for our wills. One who is looking for something on a favorite minor devotion will not find it in The Three Ages; but one will be treated therein to a wealth o1: dogmatic material that makes an unsurpassed background for the spiritual life and subject matter for ennobling reflection and mental prayer. From the way and manner in which Father Garrigou-Lagrange handles such important doctrines as the inhabitation of the Blessed Trinity, the worth of sanctifying grace, the superiority of the infused virtues, the humility and magnanimity of Christ, the values of faith, hope, and charity, the Sacrifice of the Mass, reception of the Holy Eucharist, the fruits of devotion to the Blessed Virgin, and so on, a reader feels his heart warmed and his enthusiasm enkindled for these great truths. III. Demerits On the debit side some deficiences are observable in The Three 301 G. AUGUSTINE ELLARD Reoieto for Religious Ages. It is all the more necessary and important to point them out-- and this is the reason for these criticisms--inasmuch as the work will most likely be read very widely and exert a very great influence. To many readers, less conversant with modern mystical controversies or less critical in accepting what a noted theologian writes, the book could easily be misleading in certain matters. The greater an author's reputation and the more excellent his work, the worse may be the consequences of its defects. The Three Ages is theoretical rather than practical; it is one-sided and narrow; an essential part of it, namely, its doctrine on the gifts of the hoIy Spirit, is uncertain; and its main thesis is not after all really so significant. 1. For a work that is directed to interior souls generally and has the professed aim of inviting them "to become more interior and to tend to union with God" (II, p. 8), The Three Ages has overmuch that is speculative and controversial. It inclines rather to stress the-ory than practice, metaphysics than psychology, contemplation than life, and the gifts of the Holy Spirit rather than the virtues. From the practical point of view, there are some surprising omissions. The particular examination of conscience seems not even to be mentioned, although surely it is one of the major techniques in modern Catholic asceticism. For the general examination no precise method is sug-gested. What is more strange, for all those who do not as yet enjoy infused contemplation--and surely, they would, be-numerous-- only 19 of the 1162 pages are given to mental prayer. Those who" struggle with the difficulties of meditation will not find much help or consolation. No definite method of: meditation or of any other form of mental prayer is offered. The well-known methods used in the Church are not even named. Of the little written on method a con-siderable part is rather in disparagement of it or against the abuses of it. A beginner might well ask what he is to do until.the time comes --and that may be in the distant future--when he is favored with mystical contemplation. In another and more general way The Three Ages does not seem to be as practical a work on spirituality as most people could rightly desire. Throughout, the emphasis is on the gifts of the Holy Spirit in contrast to the virtues. The "special inspirations" of the gifts are quite beyond our reach, except that indirectly by co-operating with previous graces we can dispose ourselves to receive .them. A practical-minded person bent on applying what he reads to his life might ask: "What can I do about the gifts that I am not doing anyway in culti- 302 November, 1949 AGES OF THE INTERIOR LIFE vating the virtues? Wait for their, inspirations? Then, when they come, how shall I recognize them?" It would appear, both on theoretical and practical grounds, much better to emphasize the vir-tues, at least the theological virtues, faith, hope, and charity. The gifts are supposed to be subordinated to these latter. In general it is true of the whole work that it does not get down, except by way of inspiration and motivation, to the everyday details of actually living the good life. 2. The Three Ages is a very splendid exposition of one concep-tion of the spiritual life, but it is only one, and not simply the Cath-olic view. Nor does it make this fact sufficiently clear in its text. Consider, for example, the division of three ways, fundamental in this work. A leading contemporary spiritual author, whose doc-trine is on the whole very much like that of Father Garrigou- Lagrange and to whom this latter seems to be much indebted, is Msgr. Saudreau, the author of The Degrees of the Spiritual Life and other books. Saudreau, who also makes much use of St. John of the Cross, assigns infused contemplation to the unitive way (see the whole second volume of The Degrees) ; Garrlgou-Lagrange assigns it to both the illuminative and unitive ways--a great difference indeed. The manual now most widely used in ascetical and mystical matters is the Sulpician Tanquerey's The Spiritual Life. He has the three ways without any necessary inclusion of infused contemplation at all; it may or may not come within the unitive way (pp. 301, 461, 606, 736). The last Carmelite to write a full systematic treatise on ascetical and mystical theology is Crisogono del Jesus Sacramentado, Compendio de Ascetica ~1 Mistica (1933). He provides for a double set of three ways: one without infused contemplation, the other with it (pp. 53, 156). So does Naval, of the Missionary Sons of the Immaculate Heart, in Tbeologiae Asceticae et M~tsticae Cursus (p. 32). On contemplation also there is a difference. Among all the schools of spirituality in the Church, the one which has, so to speak, specialized most on contemplation is that of the Carmelites, and of course they glory in presenting the teaching of St. Teresa and St. John of the Cross. Their doctrine, or at least the expression of it, is not the same as what we find in The Three Ages. The leading representative now of the Carmelites is Father Gabriel of St. Mary Magdalen, professor of spiritual theology in the International Col-lege of-St. Teresa, Rome. He has written much on acquired contem-plation. Half of his work, St. John of the Cross, recently published 303 G. AUGUSTINE ELLARD Review for Religious in English, is devoted to it. Besides, in Ecole Teresiene et Problems M~lstiques Contemporains, he writes: "By their doctrine on the con-templation that belongs to beginners, the Carmelite authors of the first generation gave the first indication of the doctrine of acquired contemplation that soon became one of the characteristics of the Carmelite School. They teach in fact the existence of a contempla-tion that follows meditation, that proceeds from it, though one may easily find in it some infusion of celestial light. Does not a con-templation which is the fruit of our activity in meditation merit the name 'acquired'? (p. 79) . It is certain . . . that this teaching on acquired contemplation is one of the characteristics of the Carmelite School" (p. 86). Very recently, at the end of a study on Thomas of Jesus and acquired contemplation, Father Gabriel writes: "Nothing that we have found contradicts, rather on the contrary everything favors, the traditional teaching of the Teresian school which sees in the doctrine of St. John of the Cross on the transition from meditation to contemplation the origin of the doctrine of acquired contempla-tion, and we need not fear to give to him whom that school names its Mystical Doctor the title also, more humble indeed but still impor-tant, of 'the Master of active contemplation' " (Revue d'Ascetique et Mystique, 1949, 17). In Father Garrigou-Lagrange's view of how mental prayer develops there is hardly any place for acquired contemplation. Con-templation, as "the great spiritual writers, especially St. John of the Cross and St. Teresa" understood it, is infused, and "ordinarily" (II, p. 337) it follows meditation. Quite fundamental to The Three Ages is the general interpreta-tion which it takes of the whole system of St. John of the Cross. According to one of the foremost contemporary Benedictine authori-ties on mysticism, it is not at all the right one. In commenting upon Garrigou-Lagrange's previous book, Christian Perfection and Con-templation, identical in this matter with the present work, and after saying that he presents in an incomparable way the doctrine of St. Thomas on Christian perfection, he adds: "but the conception that St. John of the Cross had of mysticism and contemplation entirely escaped him" (Mayer, M~stik als Lehre und Leben, p. 225). Other scholars also who have specialized in mystical studies take a very different view of St. John; for example, Marechal (Etudes sur la Ps~lcbologie des Mttstiques, v. II, especially pp. 321-359), and 304 November, 1949 AGES OF THE INTERIOR LIFE Crisogono del ,)esus Sacramentado, San Juan de Ia Cruz, su Obra Cientitica g Literaria. 3. Next we come to the gravest defect that I find in The Three Ages, namely the uncertaintg of much of it, and the fact that this uncertainty is not sufficiently acknowledged by the author. Making a clear-cut distinction between recognized Catholic dogma or doc-trine and the conclusions or theological speculations that he shares is surely not one of Father Garrigou-Lagrange's excellences. This has been true of his writings in general. The whole vast construction presented in these two large volumes stands or falls with the special doctrine on the gifts of the Holy Spirit which forms as it were the supporting framework of it. How fully it enters into the whol~ system can be seen at a glance by consulting the diagrammatic outline on page 245 of volume I. And still this particular theory is proposed without any adequate indidation of its speculative and uncertain character. As a matter of fact there is very little in the theology of the gifts that is certain and commonly acknowledged as such. After quoting Leo XIII, Father Garrigou-Lagrange himself thus summarizes the papal teaching: "Encyclical Divinum illud munus (May 9, 1897), circa iinem. This text shows: (1) the necessity of the gifts ('has need of') ; (2) their nature: they make us docile to the Holy Ghost; (3) their effects: they can lead us to the summit of sanctity." (Vol. I, p. 70.) There is a great difference between these three simple points and the whole theory that forms the skeleton, so to speak, of The Three Ages. There never has been and is not now any consensus among theo-logians as to how the gifts of the Holy Spirit are to be conceived." Scotus denied the very existence of the gifts as distinct entities. Apparently his whole school, especially the Franciscan theologians, still does. From a recent Franciscan publication: "The doctrine of the Franciscan school and especially that of Scotus, tends to a simpli-fication of the spiritual life. The supereminence of charity and its effectiveness in the Christian life as stressed by our school show the unity of that life very clearly. This same trait in the teaching of Scotus is seen in his doctrine on the nature of the gifts of the Holy Spirit . Here again Scotus insist~ that entities must not be multi-plied without necessity. And once more we are impressed with the marvelous synthesis and unity in these various phases of the spiritual life as explained by the Subtle Doctor .Scotus maintains that the 305 G. AUGUSTINE ELLARD Reoieto for Religious gifts are not distinct from the virtues. He points out that there is no necessity for distinct habits, since the three theological virtues and the four cardinal virtues perfect man sufficiently for even the most heroic and very highest action." (The Virtues according to Franciscan School, Franciscan Clerics, Old Mission Santa Barbara, 1946.) In this denial Scotus was followed by the great doctor of the Church and master in spirituality, St.' Francis de Sales, who also is one of Father Garrigou-Lagrange!s preferred authorities. On the gifts St. Francis says: "Now they are not only inseparable from charity, but, all things well considered, and speaking precisely, they are the principal virtues, properties and qualities of charity. For (1) Wisdom is in fact no other thing than the love which relishes, tastes and experiences, how sweet and delicious God is; (2) Under-standing is nothing else than love attentive to consider and penetrate the beauty of the truths of faith, to know thereby.God in Himself, and then descending from this to consider Him in creatures; (3) Science, on the other hand, is but the same love, keeping us attentive to the knowledge of ourselves and creatures, to make us reascend to a more perfect knowledge of the service which we owe to God"; and so on, through the other four gifts. (The Lot~e ot: God, XI, 15.) Again, in a later chapter: "So that, Theotimus, most holy charity is a virtue, a gift [in the context clearly a gift of the Holy Spirit], a fruit and a beatitude . As being a gift, charity makes us docile and tractable to interior inspirations, which are, as it were, God's secret commandments and counsels, in the execution of which the.seven gifts of the Holy Ghost are employed, so that charity is the gift of gifts." (XI, 19.) One of the few works in English on dogmatic theology has the following to say on the gifts: "Thesis III: The seven gifts of the Holy Ghost are also infused with sanctifying grace. This proposi-tion may be qualified as "probabilis' . . . . Are these seven gifts (or some of them) really distinct from the infused moral virtues? Are they habits or habitual dispositions, or merely transient~ impulses or inspirations? What are their mutual relations and how can they be divided off from one another? These and similar questions are in dispute among theologians." (Pohle-Preuss, Grace, Actual and Habitual, p. 369.) In the Catholic Encyclopedia, over the signature of Forget, pro-fessor of dogmatic theolqgy in the University of Louvain, we find: 306 November, 1949 AGES OF THE INTERIOR LIFE "As to the inner nature of these gifts of the Holy Ghost, theologians consider them to be supernatural and .perinanent qualities, which make us attenti,~e to the voice of God, which render us susceptible to the workings of actual grace, which make us love the things of God, and, consequently, render us more obedient and docile to the inspira-tions of the Holy Ghost. But holy do they differ from the virtues? Some writers think they are not really distinct from them, that they are the virtues inasmuch as the latter are free gifts of God, and that they are identified essentially with grace, charity, and the virtues. That opinion has the particular merit of avoiding a multiplication of the entities infused into the soul. Other writers look upon the gifts as perfections of a higher order than the virtues; the latter, the.y say, dispose us to follow the impulse and guidance of rehson; the former are functionally intended to render the will obedient and docile to the inspirations of the Holy Ghost." (Vol. vii, p. 413.) Among contemporary dogmatic theologians who propose the basic doctrine on the gifts as only probable or more probable one could cite the following: Van der Meersch, De Gratia, p. 215; Parente, De Gratia, pp. 26.7, 283: Diekamp-Hoffmann, O.P., Tbeologiae Dogmaticae Manuate III, 19, 155; Van Noort, De Gratia, (brd ed.), p. 155. Father De Guibert gave much attention to a stu~iy.of the gifts, and in particular he made a special effort to determine what is certain and what probable concerning them. His conclusion was that we could hold with certainty, or at least very great probability, that there exist in the souls of the just habitual infused dispositions of docility toward the inspirations of the Holy Spirit. This appears to him to be the basis upon which rest the speculative conclusions of theologians about the gifts (Revue d'Ascetique et Mgstique, 1933, 1-26). Father De Guibert's finding is indeed a long.~ay from Father Garrigou-Lagrange's coflception of the gifts. Among the best and most important studies on the gifts pub-lished in recent years seems to be a long article by Father De Blic, Pour l'Historie de la Tbeotogie des Dons. He judges that Father De Guibert went too far and that still less even can be said in favor of the prevailing theory of the gifts (Revue d'Ascetique et Mystique, 1946, 117-179). Of the theologians of this century who are special authorities on the gifts the outstanding one by far is the Dominican Father A. Gardeil. In the Dictionnaire de Theologie Catbolique he writes: 307 G. AUGUSTINE ELLARD Reoieto for Religious "In our days the debate still goes on among theologians over the dis-tinction between the infused virtues and the g!fts. If the distinction is debated, much more are other and" lesser points in the doctrines" (IV-2, 1778.) The Dominican Joret, in a good-sized work on the mystical theology of St. Thomas, points .out that it was .not until the thir-teenth century that the distinction between the gifts and the infused virtues was well worked out. "St, Thomas seems to have made .pre-cise and definitive the theory of the gifts of the Holy Spirit." Then, after a brief passage in which he gives St: Thomas's general idea of the gifts (divine inspirations as opposed to human, reflections), he writes: "In speaking thus we leave altogether the domain of faith to enter theological speculation. And we are going to remain there in the course of the following'paragraphs which will only set forth the teaching of St. Thomas." (La Contemplation M~tstique d'a~r~s Saint Thomas d'Aquin, 1927, p. 39,) ~ Among the most eminent Dominican theologians of the twen= tieth century is Hugon. On the gifts he writes: "There is a dispute as to whether the gifts differ from the infused virtues objectively and essentially or only after a fashion (secundum quid). This last is defended by a number of theologians, following the leadership of Scotus; but the Angelic ,Doctor and the Thomists teach that the gifts are specifically distinguished from the virtues as perfections of a superi-or and higher order by which a man is easily moved by, the Holy Spir-it." (Italics in the original: Tractatus Dogmatici, Ed. 10, II, 4~8.) Father Garrigou~Lagrange himself, in the, epil~gue to his French work,2 Perfection Cbretienne et Contemplgtion (Vol.II, [89]), after discussing "the minimizing conceptions of the gifts of the Holy, Spirit and the oscillations of theological eclecticism" and then "the superiority of the doctrine of St. Thomas o'n the gifts," concludes: "Thus there are four notably different theories of the gifts. Two are manifestly minimizing, but opposed to each other; one is eclectic and tends to rise higher; and finally the one which seems to us to be at the culminating point of truth. These four theories can be summed up as follows [italics as in the original French] : "The gifts, distinct from the virtues, are something normal and eminent and grow With charity. 2This epilogue does not appear in the English Christian Perfection and Contemplation. 308 Not~ember, 1949 AGES OF: THE INTERIOR LIFE "The acts of the gifts take place sometimes according to an ordinary human mbde; sometimes they are extraordinary. "'The gifts are distinct from the virtues and are principles of extraQrdinary acts. "'The gifts are not distinct from the oirtues.'" In The Three Ages there is little indication of any,other "the-ory" of the gifts than the one which the author himself adopts. So much for the existence and distinction of the gifts. . If now one should inquire into the number of them. there is much .less cer-tainty. To quote the Dominican Joret again: "The Septuagint version followed by the Vulgate gave seven characteristics to the Spirit of God resting upon the Messias: the spirit of wisdom . Thus one obtained seven gifts of the Holy Spirit, just as there are seven virtues, theological and moral¯ But neither in the one case nor the'other should we regard this number as limitative. For the sacred writers, as we know,.it rather designates the pleriitude of the divine operations. The single light of the sun divides into seven principal colors which can then have an infinite variety of shades. So it is with the Holy Spirit and His gifts." (Op. cir., p. 36.) Less certain than the number is the general function of the gifts, that is, the kind of work that they perform in the process of sancti-fying a person. A glance at the relevant places in different theo- .logians would readily convince one of this fact¯ Much less certain still are the functions of~, the particular gifts. Consider for a moment the case of St. Thomas. In a recent scholarly work devoted entirely to his mystical theology and wholebeartedly in sympathy with it, the author points out four ways in which at successive times St. Thomas endeavored to classify the workings of the different gifts, and then he conclude~: "The question, taken up four times, has resulted in four different constructions; once even with an explicit disavowal of what St. Thomas bad previously estab-lished. Who will assure us that the last is perfect?" (L. Roy, Lumiere et Sagesse. La Gra~e Mystique dans la Theologie de Saint Tho'mas d'Aquin, p. 185.) Father Garrigou-Lagrange's.conception of the various function~ of the gifts seems to have been developed from a combination of elements in three of St. Thomas's ways (The Three ~Ages, I, 76; III, 68, 4 and II II, 8, 4; 3 D. 34 q. 1 a. 2) His correlation of the virtues and gifts (I, pp. 51, 76) is ¯ 309 G. AUGUSTINE ELLARD Retffew for Religious criticized by De Guibert as not being quite in accord with St. Thom- ¯ as's (Theologia Spiritualis, 1937, p. 135). Of all these ways, and others too which could be cited, of assigning specific functions to each of the gifts, not one seems to agree :with the exegetes when they comment on and explain the original Scripture text (Isaias 11:2-3) that is the first foundation for all the doctrine on the gifts. Moreover there are two different forms of the modern Thomistic theory of the gifts. Besides the one which Father Garrigou- Lagrange espouses (that with the virtues one acts in a human way and with the gifts in a superhuman way), there is another one, defended in our time especially by Cardinal Billot. "The gifts have two modes, that is, an ordinary and an extraordinary one according to the differences in the many operations of the Holy Spirit, who freely breathes where He wills and apportions to all as He wishes . There is another way and one that is quite extraordinary; although it is not td be said to be at all necessary, even for high sanctity, it is'nevertheless as a rule found in those whom the grace of God calls to the supreme heights of perfection. Moreover this mode i~ concerned mostly with extraordinary contemplation, that is, with the prayer of quietude, simple union, ecstatic union, and consummate union." (De Virtutibus Infusis, Ed. 4, pp. 169, 173.) A contemporary mystical theologian in whose system this idea of two modes, ordinary and extraordinary, is most important is the Carmelite Father Crisogono. de Jesus Sacramentado. For him this is the true thought of St. Thomas himself, and also of some at least of his best commentators (La Perfection et La Mystique selon Led Prin-cipes de Saint Thomas, p. 44). Another point about the present-day Thomistic hypothesis of the gifts that will make many people pause is this: it appears to be indissolubly bound up with the contention that grace is intrinsi-cally efficacious. "We do not find anything in his system [Suarez's] corresponding to the idea, dear to St. Thomas, of actual operating grace, understood in the sense of instrumental prevenient and pre-determining motion, by which the Angelic .Doctor characterized the special nature of the gifts of the Holy Spirit" (Dictionnaire de The-ologie Catholique, in thd article Dons du Saint Esprit, A. Gardeil, 1778). "This interpretation [the doctrine of St. Thomas on grace and the gifts as understood by the great interpreters Cajetan, Bannez, John ~f St. Thomas, and the Carmelites of Salamanca] is for us the 310 November, 1949 AGES OF THE INTERIOR LIFE only true one, the only one which safeguards the two great, prin-ciples of the intrinsic efficacy of grace and the specification of habitus by their formal object" (Garrigou-Lagrange, Perfection Chretienne etContemplation, II, [99]; see also [54], [59-62], [95]). From ail that has been said, especially in the form of quotations from leading Thomist theologians, on the uncertainties attaching to our knowledge of the gifts ot: the Holy Spirit, it would seem abun-dantly clear that no elaborate, doctrine about them should be pro-. posed as more than a theory or hypothesis. Nor should any major practical norm based on such a doctrine be set up as more than prob-able. I have made a special effort to find indications of these uncer-tainties in The Three Ages, I found very little indeed. The princi-pal' one seems to be implicit in this sentence: "The great majority of theologians hold with St. Thomas that the gifts are really and spe-cifically distinct from the infused virtues" (I, p. 73). Therefore it ¯ .is admitted that not all theologians agree on this particular funda-mental point. On the other hand a reader might expect that he is being treated to something that is especially reliable. Under the heading, "The Aim of This Work," the author announces that he will try to avoid the danger of "many pious books that lack a solid doctrinal foun-dation" (I, p. 9). In the Preface he writes: "We insist far more on the principles ge.nerall~ accepted in. theology!, by showing their value and their radiation, than on the variety of opinions on one particular point or another proposed by often quite secondary authors . The complexity of certain questions ought not to make us lose sight of tb~ certitude of the great directive principles that illuminate all spirituality" (I, p. xi; italics inserted). "For a clear understanding of the nature of the mystical union, we must treat of the influence of the Holy Ghost in the perfect, soul by recalling the most indisputable and lofty principles commonly taught on this subject" (II, p. 511) ,, The fact remai.ns, unfortunately, that much of The Three Ages is uncertain and questioned by perfectly orthodox Catholic authori- .ties. 4. To come now to the great central thesis of The Three Ages, namely, that infused contemplation comes within the normal devel-opment of the supernatural life. It is after all much less significant than one might at first think. (1) It embodies no great new dis-covery nor corrects any old error; (2) the attenuated-infused con- 311 G. AUGUSTINE ELLARD Review for Religious templa.tlon which it holds out in prospect for all whose supernatural life evolves normally is not, considered as a form of human action or experience, very different from mental prayer that is acquirable; (3) the thesis suffers from being so closely associated with a ques-tionable theory of the gifts; and lastly, (4) various e~ceptions to it are admitted. (1) Father Garrigou-Lagrange writes: "In contradistinction to acquired prayer, infused contemplation is generally defined as a simple and loving knowledge of God and His works, whicFi is the fruit, not of human activity aided by grace, but of a special inspiration of the Holy Ghost" (p. 310). Contemplation "proceeds . . . from living faith enlightened by the gifts of the Holy Ghost, especially by those of understanding and wisdom, which render faith penetrating and sweet. "Supernatural contemplation thus conceived, supposes the special inspiration of the Holy Ghost, which His gifts dispose us to receive with promptness and docility, as the widespread sails on a boat receive the impulsion of a favorable wind; then the boat advances more easily than by the labor of the rowers, a symbol of discursive meditation united to the practice of the virtues. From this point of view, contemplation, because of the special inspiration which it supposes, deserves to be called, not acquired but infused, although at the beginning it may quite frequently be prepared for. by reading, affective meditation, and the" prayer of petition. The soul thus actively prepares itself to receive the special inspiration of the Holy Spirit, which will at times be strong enough so that discursive medi-tation will no longer be necessary . These acts of love and 6f penetrating .and sweet faith are said to be infused not only because they proceed from infused virtues, in this case from the theological virtues, but because they suppose a special inspiration of the Holy Ghost, and because we cannot move ourselves to them with the help of common actual grace. In this case God mov.es us, not by inclining us to deliberate, but to acts above all discursive deliberation." (II, 281--2.) If this is all that is meant by infused contemplation, wh~ would deny the thesis, and what has all the argument been about?. Some. would quegtion what is said about the gifts, but hardly anybody would directly and categorically contradict the thesis itself. Since all acknowledge some sort of doctrine, at least as probable, about the gifts, who would not admit that in accordance with the providence and designs of God the mental prayer of all should be enlightened 312 No~emb~r, 1949 AGES OF THE INTERIOR LIFE and enhanced as much as possible by special inspirations coming from the Holy Spirit through the gifts? Certainly this is not the essential analysis which certain theo-logians have had in mind in denying that infused contemplation comes within the regular development of the interior life. For Father Poulain mystical contemplation consists essentially in an experimental perception of God's presence (The Graces of Interior Pra~ter, chapters V and VI) ;and for Farges, in "an experimental sen-sation of the divine, that is, in an immediate intuition by the con-sciousness, more or less clear o~ obscure, of the presence in our souls of' God or a supernaturai object, the essence whereof remains unknown, which produces a sentiment of admiration and love, suspending more or less the powers of the soul" (Mgstical Pheno-mena, p. 57). According to Father Crisogono del Jesus Sacramen-tado, "infused contemplation is an affective intuition of divine things, resulting from a special influence of God in the soul . This actual grace is received in the habits of the gifts of understanding, knowledge and wisddm, which, at receiving it, are actuated according to their extraordinary operation . This operation of the gifts, which takes place in a superhuman way, is the act itself of infused ¯ contemplation." (Compendio de Ascetica g Mistica, pp. 164-5.) Father Crisogono holds that all are called to the perfection of the gifts working in their ordinary, but not in their extraordinary, mode. The two great doctors of the Church, St. Francis de Sales and St. Alphonsus de' Liguori, specialists also in spirituality, and, one would presume, cognizant of tradition, surely would have advocated for all a form of mental prayer that is full of inspirations from the Holy Spirit. If highly developed gifts and the resulting graces had been sufficient in their opinion to entail infused contemplation, they could hardly have written as they did. Thus St. Francis wrote: "Blessed are they who live a superhuman and ecstatic life, raised above themselves, though they may not be ravished above themselves in prayer. There are many saints in heaven who were never in ecstasy or rapture of contemplation. For how many martyrs and great saints do we see in history never to have had any other privi-lege in prayer than that of devotion and fervor." (The Love of God, VII, 7.) And St. Alphonsus: "The aim of the soul here ought to be single, namely, union with God; but that the soul should attain to perfection, there is no necessity of passive union. It is sufficient for 313 G. AUGUSTINE ELLARD Reuiew for Religious it to arrive at active union . Active union is perfect conformity with the divine will, and in this certainly the whole perfection of divine love consists. 'Perfection,' St. Teresa says, 'does not consist in ecstasy; on the contrary, true union of soul with God is union of will with the divine will.' This union is necessary, but not the pas-sive; and those souls that have only the active, the same saint says, 'can have far greater merit; because they suffer greater toil, and the Lord directs them like strong men, and the consolations which they do not have in this life are reserved for them by God and will be given by Him in the next life.' Cardinal Petrucci says that without infused contemplation the soul can indeed well arrive, with the benefit ¯ of ordinary grace, at a~nnihilation of its own will and at transforming it into God's, willing nothing else than the will of God . Whence he adds that since in this is the whole of sanctity, nobody ought to desire and seek from God anything else than to be directed by Him and with His help to accomplish His will."(Praxis Confessarii, Num. 136 ; italics as in the original.) , .Similarly, Pope Benedict XIV in writing his famous standard work De Servorum Dei Beati~icatione attributes infused contempla-tion to "a special favor of God" (XXVI, 7). Moreover he observes that a number of perfect persons have been canonized although in their processes nothing was said about infused contemplation (Op. cir., XXVI, 8). From the foregoing we may safely conclude that besides infused contemplation understood as prayer characterized by the gifts of the Holy Spirit there has also evidently been another concept of it in quite orthodox Catholic authorities. If in interpreting the thesis it be added also that prayer consti-tuted by the influence of the gifts (II, 313) is essentially just what the mystics and in particular what Saints Teresa and John describe, a critical reader might interpose: "Do you propose this analysis of fact and this theory of the gifts as certain or as probable? If prob-able, .very well; no objection. But if certain, on what grounds? What is the evidence?" (2) The infused contemplation proposed as coming within the normal development of the spiritual life is not, in terms of what is humanly noticeable, very different from the highest form of acquired prayer. Neither at its inception nor in the course of its progress nor at its culmination does it appear to be a strikingly different phenome-non in consciousness. Whatever is to be said metaphysically about 314 November, 1949 AGES OF THE INTERIOR LIFE the nature, formal objects, and so forth of the virtues, the gifts, the various kinds of mental prayer, and so on, psychologically and morally and practically there may be no observable difference oetween this infused contemplation and the prayer which just pre-cedes it. Into the two forms both the virtues and the gifts enter. If it be (according to the theory) the influence of the gifts which "constitutes" (II, 313) infused contemplation, the change need not be great enough to be discernible in consciousness. The author fully admits "that the transition from the last acquired prayer to initial infused prayer is not so clearly distinguished" (II, 328-330). Repeatedly he suggests that it may take "an experienced director" to notice that the one has succeeded the other. "A simple and loving.attention to God . . . cannot, in fact, be prolonged without a rather manifest intervention of the gifts" (Christian Perfection and Contemplation, 329). In this case it would seem that nothing but the prolongation calls for infusion. This quotation is taken from a context in which "the nature of the mystical state" is being explained. Moreover even in the course of the acquired prayer of recollec-tion the~e will be isolated acts of infused contemplation (I, 245). So much for the beginning of infused contemplation considered as a conscious experience. If now in the ulterior stages of it, espe-cially as they are described by St. Teresa, one separate the accidentals from the essential, surprisingly little will be left. "The degrees of contemplative prayer are chiefly those of the growing intensity of living faith, of charity, and of the gifts of the Holy Ghost which correspond to them" (II, 299). It seems that nothing is essential~ beyond "only an infused light: the special illumination of the gifts of understanding and wisdom" (II, 317). It even appears that ecstasy is not essential t(~ the stage called "ecstatic union" (II, 344). By what criterion the distinction between essence and accidents is made does not stand out very clearly. Not even the supreme and rare state of the mystical marriage is very marvelous as an experience. "According to St. John of the Cross, the essential basis of this wholly eminent state is in no way miraculous; it is, says the Saint, 'the perfect state of the spiritual life,' being here on earth the culminating point of the development of the life of grace and of the love of God . In the transforming union the higher faculties are drawn to the innermost center of the soul where the Blessed Trinity dwells." (II, 529.) The gift of 315 AGES OF THE INTERIOR LIFE Review for Religious wisdom, which exists also in the most stupid soul possessing grace, is, when fully developed, sufficient to account for it. One might well wonder whether the great mystics who vehe-mently lamented their utter inability to describe (heir absolutely ineffable experiences would recognize them in the results of Father Garrigou-Lagrange's analysis. (3) Nor are the force and significance of the central thesis 'increased by having it lean so heavily for support upon the author's uncertain theory of the gifts of the Holy Spirit. In itself the thesis is quite independent of that particular doctrine and need not stand or fall with it. But as a matter of fact it is proposed as in part a consequence of the theory and from this point of view it cannot lay claim to greater probability than the theory upon which it is based. (4) Lastly, the doctrine that infused contemplation comes within the normal development of the spiritual life is rendered still less significant by a rather liberal admission of exceptions: "Infused contemplation is,. in principle or in theory, in the normal way of sanctity, although there are exceptions arising from the individual temperament or from absorbing occupations or from less favorable surroundings, and so on" (I, x). If, therefore, to return again to the general import of the central thesis of The Three Ages, it be taken to mean merely that contempla-tion marked or constituted by the "special inspirations" of the gifts comes within the evolution of the supernatural life, hardly anybody will simply deny it, but some careful thinkers will have doubts about the theory of the gifts, and some may ask: "But what does it mean in terms of human experience or action? What noteworthy difference does it make in one's substantive kn6wledge and love of God?" If the thesis be interpreted also to signify that these effects of the gifts and what is essential in the experiences, say, of St. Teresa and St. John of the Cross are one and the same reality, then there is the problem of determining what in empirical terms that essential is (the conclusions of others differ very widely from Father Garrigou- Lagrange's), of adequately accounting for it with the uncertain theory of the gifts, and thirdly of showing that it is in store for everyone whose spiritual life evolves as it should. The thesis is not that St. Weresa's or St. John's experiences in their integrity are part of the regular spiritual growth. Whether the principal contention of the work be true or not, 316 November, 1949 "WE ARE HIS MEMBERS !" it will, I think, because of the way in which it is presented, be mis-understood by many devout people and lead to much disillusionment and discouragement. Thus it seems, to conclude very briefly, that The Three Ages of the Interior Life is a great work, great in its faults as well as in its excellences. "We His Members!" M. Raymond, O.C.S.O. When men shall say to you: "'Lo, Christ is bete! Lo, Christ is there!'" Belieue them! And know that thou art seer When all thy crging clear Is but: "'Lo, here! Lo, tberet. Ah, me. Lo, everywheret."" --- ~RANCIS THOMPSON. IWANT every priest of God and every religious vowed to Him to be unalterably happy.I i know that they can be so if they will become rightly self-conscious and consequently acutely Christ-conscious. There is the ~vord that spells beatitude here as well as hereafter; for there is the ~vord that means sanctity. It was the great St. Francis de Sales, I believe, who said that one motto lived is enough to make a saint.IrvMay I suggest as a life-line and as a saint-making motto the thrilling truth that "We are His members!" To see any baptized person sad has always given me pain, but when that person wears the livery of Jesus Christ that pain becomes acutely agonizing; for it is so simple a matter to develop a Christ-consciousness that will preclude forever all possibility of real sadness entering the center of our souls! Now do understand me. I am not saying that there is a short cut to sanctity. There isn't. The road winds up hill all the way. But there are means of simplifying life, of unifying our efforts, of integrating our personalities ,~0 that the uphill climb is less difficult, our complex existences become intelligible wholes, and our every act or omission conspires to our grand objective. One such means is that 3!7 M. RAYMOND Review [or Religious offered in our day by Divine Providence--the doctrine of the Mysti-cal Body; or, as I put it above: living conscious of the fact that "We are His members." What happiness does not this consciousness bring to self! It tells you your dignity as an individual in a d;iy when individual dig-nity in every sphere of life from the economic and political to the military and social is utterly denied. It tells you, you are a member of Him who is Might and Majesty, Meekness and Marvel,' true God and true man. It tells you that you have been lifted from the insig-nificant to a position wherein you mean much to the all-independent Divinity. It tells you that you have a work to do for the Almighty, which, if not done by you, will remain undone forever. In letters that shine like gold against black velvet Plus XII made this truth real in his Mgstici Corport's when he wrote: "The Head needs His members." How can you be unhappy when you realize you mean so much to God and have so important a work to do for Him? The Cur~ of Ars once said: "Even if there were no hereafter, ' it is Heaven enough to work for God on earth." No religious, conscious of his calling, will question the Cur~'s statement. But that does not mean that you will not know difficulty. That does not mean that humiliations will not come your way; that you will not fail in many an enterprise; know shame, ignominy, defeat. That does not mean that you will not suffer both physically and mentally. It does mean that you will know what to do with all these things when they do come your way. It means that you will be happy not only in the midst of sufferings but precisely because you are suffering. For you will ever live conscious of the fact that you are to "fill up what is wanting to His Passion," as St. Paul so joyously states it; conscious of the fact that you can now "rejoice that you, in some slight degree, resemble your Lord and Master," as St. Ignatius so pointedly puts it; conscious of the fact that it ill becomes you to be a "weak member under a Thorn-crowned Head," as St. Bernard so boldly and beautifully expressed it. Let the "slings and arrows of outrageous fortune" batter and pierce you through and through, you can't be unhappy so long as you are con-scious of the fact that you are His member. And oh! how your attitudes toward all others change once you have this truth in your blood and being. How you love every human being just because he or she is an actual or a potential member of 318 Nooember, 1949 "WE ARE HIS MEMBERS !" your Christ; has a part to play in the Great Drama of the Redeem-ing; can complete the Passion of your Savior; has a work to do that no one but be or she can do; is dear to your Father, God; beloved of your.Mother, Mary; is, further, part of the same Body as you! How can jealousy, envy, bitterness, enmit3~, antipathy enter your soul? "The eye cannot say to the hand: I need not thy help; nor again the head to the feet'" (I Cot. 12:21). Your hand does not envy your eye because it caffnot see. Your. ear is not jealous of your tongue because it cannot taste. Then why should you be jealous or envious of some other member of Christ because he or she can do things you cannot do? You won't be. You can't be. Rather you will rejoice if this one has ten talents and you only one. You will exult over such a one's ability to do so much more for your Head than you are capable of doing. Yes, all smallness leaves your life as soon as you live the truth that "We are His members." And how kind you become! The great Flemish mystic, Ruysbroeck, once said: "Be kind. Be kind. Be kind. And you'll be a saint." Here's a motto that makes kindness not only easy but an urge. In times past, some of us have been unhappy because of the work assigned us. Had we been living the doctrine of the Mystical Body we should never have known anything but blessed content-ment, even exul~ant joy; for we would have realized that our every act done "through Him, and with Him, and in Him" was powerful beyond all expression! "Actions," philosophers tell us, "belong to the person," not to the members. We pay the typist, not the typist's fingers. We honor the hero, not his eyes, hands, or feet. For we know actions belong to the person, not to his members. Think, then, of your every act when you act as a member of Christ's Mysti-cal Body. Think of your tiniest deed: sweeping a floor, making a bed, washing a dish, dusting a chair--they are acts of.the Mystical Christ! Can any assignment, then, be a cause of unhappiness? Do you see how this doctrine covers everything: Yourself, others, your works, your sufferings, your triumphs and defeats. Will you allow me one short example of how it works? Last 2anuary I was out of my monastery for the first time in thirteen years. 2ust what such a strange experience would mean to others, I do not know, but I do know that for me it was something in the nature of a "vision." I saw Christ. For over a month I saw Him suffer, agonize, and die in a hospital called St. Joseph's Infirmary. 319 M. RAYMOND "Review t:or Religious I saw Christ in old Brother Hugh whose sight was dim, hearing gone, and power of speech paralyzed. In him I saw Christ agonize as cancer gnawed his vitals away. I saw Jesus even more clearly in an infant of two months whose rapidly growing brain tumor would soon bow that head in death, and Innocence would once again have "given up the ghost" because of sin. I saw our suffering, sacrificing Savior in two nurses, one just about to graduate, the other a gradu-ate of two years, who, standing star-eyed and eager, ready for life, learned that they had better make ready for death, since creeping paralysis had made its first appearance in one and cancer of the lymph had doomed the other. From dawn to dusk and from dusk to dawn that hospital breathed for me, and it was the breath of Jesus Christ. For over a month I was witness to the Great Drama of the Redeeming as I saw Christ paying for sin in bodies that were His by right of baptism. I saw Salvation being won for the world; for that hospital appeared to me as a chalice and every pang of pain as so much blood being poured into it. How could I view it otherwise when I know that we are the "pIeroma of Christ" who are to fill up what is wanting to His Passion? (Cf. Col. ~:24.) . How could I or anyone else fail to see the crucifixion when I stood staring at bap-tized human beings on the cross? Yes, I saw Christ; for "we are His members'!" Do you see how easy it is? Do you see what a different outlook it gives, on life and all things in lif~, The late Archbishop Goodier, S.J., gave a formula for happiness in his brochure A More Excellent Wa~1. It is to "crawl in through the wound on Christ's side, go down deep into His Heart, then look out on the world and all things in the world with His eyes." Had we not the doctrine of the Mystical Body that formula might se~m impossible of fulfill-ment. How does Jesus look upon human beings? Does He not see them as either actual or potential members of His Body? Can't we see them in the same light? How does Christ see the "feeble" and "less honorable members"? St. Paul tells us. "Those that seem to be the more feeble members of the body, are more necessary" (I Cor. 12:22). Don't you see the utter impossibility of ever looking dgwn on anyone? of ever despising a single human being? of ever having a low or mean opinion of anyone who breathes? So long as I am Christ-conscious, I love; so long as I love, I am like God. The Archbishop's formula is possible of fulfillment, else God the 320 November, 1949 "WE ARE Ills MEMBERS !" Holy Ghost would never have commanded us through St. Paul: "Put ye on the Lord, Jesus Christ" (Rom. 13:14). Nor would He have told us to "Let this mind be in you which was also in Christ Jesus" (Phil. 2:5). Hilaire Belloc has rightly said, "A man is his mind." If we would be what God made us to be and our deepest instinct craves to be, we will acquire the mind of Jesus; for Dietrich yon Hildebrand stated truth truthfully when he said, "The essence of sanctity is transformation into Christ." Sanctity is made relatively easy, then, by the development of Christ-consciousness: for nothing is better calculated to work this transfo.rmation than the constant appreciation of the fact that "We are His members." There is not a true religious who does not long to "radiate Christ" pedectt~l. But that longing will be like the barren fig tree--a thing Of beautiful foliage but bare of fruit--until the Light of the World glows in the very core of our beings, until the last feature of.the Face iaf Christ is sealed into our souls, until every beat of our hearts synchronizes with the pulse of His great Heart. Baptism sufficed for incorporation in Christ, but it does not suffice for transformation into Him. No. For that we need to be im-mersed, absorbed, lost in Christ Jesus. All of which is possible by living the truth of the Mystical Body. But by living I mean living. Look!. There is not one of us who does not know that the life of Christ pulsates in the person of every-one who is in the state of grace; that down in the depths of those souls the Holy Trinity dwells; that thelight in their eyes tells the same tremendous truth as does the flickering flame of the Sanctuary Lamp: God is here. Yes, we all know that. .But how many of us live conscious of those facts? Which of us does not know that the Holy Ghost is the soul of the Mystical Body? that, being the soul, He is present "'totus in toto, et totus in qualibet parte'" ("entire in the whole, and entire in every part of the whole")? Who does not know that the soul elevates, unifies, identifies, and vivifies? But bow many of us make the appli-cations and draw the consequences? My fellow priest, my brother or sister in religion has been elevated to a dignity that astounds. He or she can not only be defined as a "creature composed of body and soul," but also may be described as "body, soul, and Holy Ghost!" He or she is more than human; has been made so by God the Holy Ghost. What respect, reverence, awe, and admiration I should have 321 M. RAYMOND ~evieu~ [or Religious for my fellow! But besides elevating, the soul identifies and unifies. The Holy Ghost unites all the cells of the Mystical Body to the Person whose Body it is. How close my fellow is to God! How close he or she is to me!. We know these mind-staggering truths. We even teach these marvels and mysteries to others. But how often do we live conscious of these facts? The rod of Aaron is in our hands. It is in beautiful flower. But we . May I suggest a plan whereby you can become wide awake to these joy-filled and joy-producing realities? Why not integrate your life by-means of this marvelous doctrine? Let your meditations for an entire year be on nothing but this wondrous truth. You know, M. Anger has proved in a masterly thesis that this doctrine is the white heart of the Kohinoor which is Dogmatic Theology. He shows that every light that leaps from those mahy facets has its origin in Christ who is the Light of the World. Our meditations should be on nothing that is not ioundly dogmatic. - But to make these meditations fruitful we needs must read. Thanks be to God, whole shelves can now be devoted to literature on the Mystical Body. After Anger-Burke one could read Emile Mersch, S.2., then John Gruden, and Edward Leen, C.S.Sp. Fol-low'these with Fulton Sheen, Raoul Plus, S.J., Daniel Lord, S.d., Carl Adam, and William McGarry, S.d.,--to name but a few. There is more than a year's reading matter for any religious, and reading that will make meditations throb. To integrate our lives we must add examen to our readings and meditations. Couldn't we spend a year--or even two--with this doctrine as our particular examen? The development of this Christ-consciousness would be a main objective. We could practice it in so many different ways: conscious of my own membership; of my neighbors; of all men; conscious of the soul of the Mystical Body throbbing in me--in others; conscious of the dignity and worth of my actions when done "through, with, and in Hfm." Variety would not be wanting and unity would be assured. If reading, meditation, and examen go together for a year promise a consciousness that will have you "looking out on the world and all things in the world with the eyes of Christ." I promise you an integration that will effect a transformation. I promise a happiness the world canfiot give"or take away. I am sure that most of you will see how this simplifies the spit- 322 Noaernber, 1949 QUESTIONS AND ANSWERS itual life since it is a system that includes all other systems. In it abandonment, trust, detachment, purity of intention, presence of God, union with the Divine Will are all contained. I cannot be Christ-conscious without being or having all the others. It is a system that will unify one's entire existence; for there is nothing that I can think, do, or say legitimately that cannot be thought, done, and said "through Him, with Him, and in Him." It is a system from which all movements derive and to which they'all lead; for what is the Liturgical Movement if it is not centered in the Mass; and what is the Mass if not the Sacrifice of the Mystical Body, as Pius XII has so insistently proved in his Mediator Dei. What is Catholic Action if not begun, continued, and ended through, with, and in Christ 3esus? That is why I have dared to offer the motto and to say: "Try it and see if it doesn't simplify, unify, integrate your life, and make you what God made you to be and what I long for you to be--verd happy!'" The rod is in your hand. It is flowerin!! Ques Jons and Answers What is to be thought about the followlncj statement which appeared in the pubffe press last August: "Plans for a profound reform . . . likely the most drastic the cloistered monasteries and nunneries have undergone since the Council of Trent ended in 1563 . . . are in an advanced stage ¯ . . and are planned for promulgation in 19S0. The reform is designed in large part to make inmates of cloistered convents more effective as agents of the Church in its current world-wide struggle." Lik~ so many newspaper reports concerning religious events, this one, while having a foundation in fact, is grossly exaggerated. For-tunately an answer to the above statement was given by Father Arcadio Larraona, undersecretary of the Sacred Congregation of Reli-gious, on August 22, 1949. He explained that there is no question of a vast reform of cloistered orders, but of certain mitigations, required by the ~xigencies of modern times. He mentions two such mitigations. Modern conditions require that a mitigation in. the rule of cloister be made to allow nuns to leave the enclosure for medical and dental treatment, and for similar purposes. Again,.in the after- 323 QUESTIONS AND ANSWERS Revieu~ [or Religious math of the war, some monasteries of nuns are literally starving because they can no longer support themselves aft they did before the war. In such cases the Holy See has advised a modification of the rule of enclosure to permit the nuns to engage in activities providing an income for the communities, such as conducting schools, orphan-ages, and the like. However, in such cases, the essentials of the con-templative life must always be maintained. Father Larraona also indicated that there exists a tendency toward confederating cloistered communities of religious women in countries where economic reasons or a reduction in the number of cloistered nuns indicate the need for such a trend. There is however, no ques-tion of any imposed reform, but the spirit of the autonomous insti-tutions is always considered and preserved. Such federations are on a purely voluntary and very limited basis. In conclusion Father Larraona explained that papal directives to religious institutes, urging them to organize their activities in accord-ance with the changes in the social conditions of the world, do not signify any impending reforms to be imposed by the Holy Father. May a Sister on nursing duty in a hospital wear a gold and silver graduation pin on the religious habit? Is this contrary fo article 67 of the Normae of 1901 which forbids ornaments of gold or silver to be included in the rel~glous dress? Let us first quote article 67 of the Normae in full before answer-ing our question. It reads as follows: "With the possible exception of a small and simple cross or medal of silver, no gold or silver orna-ments should be worn. In those ornaments which are allowed new images or inscriptions not as yet approved by the Church are not to be tolerated. Silk garments are not allowed, nor silk ornaments or others which betray vanity and cause complaints or laughter." Generally speaking, graduation pins are not to be worn by reli-gious women except on special Occasions such as alumnae reunions and the like, provided superiors think it well to let the Sisters iden-tify themselves as alumnae. It can happen in a hospital that graduate nurses are required to carry on their person some sign of identification. In that case the superior could allow the Sisters to wear their graduation pins. But no Sister should take it upon herself to wear such a pin without the permission of her superior. What was forbidden by the Norroae was 324 Nooember, 1949 QUESTIONS AND ANSWERS the wearing of ornaments as sucli, f~)r vanity's sake. The wearingof a graduation pin for purposes of identificationwould not come under that head. It may not be out of place Norrnae of 1901 were not laws a set of ideal constitutions for Sacred Congregation set up for constitutions submitted to it for article 67 of the Norrnae found tions during the course of the article 67 of the Norrnae, but as approved by the Holy See. here to remind our readers that the binding religious directly, but rather a religious congregation which the itself as a guide in approving new the approval of the Holy See. Thus its way into many sets of constitu-years. It obliges religious, not as an article of their own constitutions ~2-- Is there any ecclesiastical regulation that prohibits Sisters from holding the position of organist in parish choirs that have both men and women members.'; While there is no express prohibition to be found in the Code ot? Canon Law nor in the Councils of Baltimore, still anumber of diocesan statutes forbid Sisters to function as .organists in parish churches. To give but one example, Statute 184 of the Fourth Pro-vincial Council of Portland in Oregon (1934) reads as follows: "We forbid religious women to act as organists or choir directors, except in the case in which boys and girls still attending school make up the choir." Moreover, we think it is not in conformity with the general spirit of the religious life for a Sister to act as organist for a mixed adult choir and it may be a source of disedification to the faithful. In practice, no Sister should undertake to play the organ for a mixed choir of men and women without theexpress permission of the local ordinary and of her own higher superior. ---43-- May a religious teacher who has "class money" in his keeping, or extra-curricular funds, use these in whole or in part for personal reasons? Is his superior at liberty to give him such a permission? Or must such funds be used for the purpose for which they were collected, or for things to be used by the students for their betterment, such as charts, reference-books, and the I~ke? If we understand this question correctly, the "class money" 325 BOOK REVIEWS Review for Religious referred to is money that actually belongs to the class: not to the school as such, nor to the religious community. In o~her words, it is a common fund to which individual students have contributed with the understanding that the money be used for certain specific pur-poses. A religious superior has no power to give.permission to use such money for personal reasons; and neither the superior nor the teacher should use the money for any but the specified purposes unless the class freely consents to this. 1 oo1 Reviews THE DAY WITH JESUS AND MARY. By the Dominican Sisfers. Pp. 143. The Bruce Publishing Company, Milwaukee, Wisconsin, 1949. $2.50. This book seeks to help one develop a consciousness of God's presence during the day through recalling the fifteen mysteries of the Rosary. The hour from five to six is dedicated to the Annunciation, from six to seven to the Visitation, and so forth. At the beginning of each hour one offers his own work bf that hour in union with the work of Jesus and Mary suggested by the mystery of that hour. And with the discussion of each mystery, this book gives'a few biographi-cal facts about two saints (one Dominican and one other) who were outstanding in the virtue suggested by this mystery. For instance, upon awakening in the morning, one recalls the Annunciation and offers the coming hour in union with the joy of all the saints, espe-cially St. Dominic or St. Philip Neri, in the blessings of the Incarna-tion. The moral reflections are the standard ones, the saints chosen are appropriate enough, the style of writing very plain. The value of the book will lie in the appeal of the idea of dedicating each hour of the day to a mystery of the Rosary. For those to whom it does appeal it has a double advantage; it makes the Rosary a living thing, and it gives one a clear center or focus for his spiritual thought~ of that hour. For how many would such a plan work? The Holy Spirit has many ways of aiding our growth; one way of finding out whether any plan will suit me is to give it an honest trial. That God wishes us to recall His presence habitually, that He wishes us to model our lives upon the mysteries of the Incarnation, that the hourly recollec-tion method has worked for some--all this is clear. It: the number 326 Not~ember, 1949 BOOK REVIEWS is comparatively small, I think the chief reason is that the number of those who have made persevering effort to live in God's presence is also comparatively small. God certainly wishes all religious to have a spirit of recollection through the day; theref6re He wishes us to use what natural means we find at hand to develop this spirit. The end is valuable enough to urge us to try various means until we find one suitable to us. This book could help many in this searching. --2T. N. JORGENSEN, S.d. SHE WHO LIVED HER NAME. By Marie Rene-Bazln. Pp. 208. The Newman Press, Wesfm~nsfer, Maryland, 1949. $3.00. "The ways of Providence are, as a rule, of a marvelous sim-plicity, but they are made intricate by man's timidity and blindness. When, however, God finds a soul childlike enough to trust Him unflinchingly and eager to follow wherever He leads, He enfolds it in the unity of His plan and mirrors in its depths something of His unique simplicity." Thus opens the biography of the Foundress of the Helpers of the Holy Souls. Mary of Providence, or as she was known in the world, Eugenie Marie Joseph Smet, was born on March 25, 1825, at Lille, France. Reared in a good Catholic home, she was struck by two important teachings of the Church: Divine Providence and purgatory. A woman of action, an enthusiast and organizer, she was driven by a spiritual life dominated by these two truths to found a congregation which by prayer and suffering would make its principal aim the release of the suffering souls from purgatory. Fearful of illusion on her part, Eugenie set up several "signs" by which she would know that her plan was pleasing to God. Among them was that the Holy Father would send her his blessing on the venture, prior to the sanction of the bishop of the diocese. All the "signs" were fulfilled. The Cur~ of Ars, when asked his advice, told her to found the order whenever she pleased. On July 1, 1856, the Helpers of the Holy Souls had their motto, "Pray, Suffer, Labor" (for the souls in purgatory), their name, their motherhouse, and not much else. By" 1867, they .were landing in China to establish the Seng-Mou-Yeu house near Shang-hai. At the same time in Paris, Mary of Providence was suffering much. The Helper of the Holy Souls felt that she was being con-sumed by fire herself. While Prussian shells whistled over the house-tops during the siege of Paris, she lay dying of malignant cancer. ,327 BOOK NOTICES She had always had a dread of five things: leaving her family, founding a community, seeing her daughters in want, getting into debt, having cancer. "Well, by the grace of God," she said, "all five happened to me." The heroic foundress died February 7, 1871, at the age of 46. The author of the biography, daughter of the late novelist Ren~ Francois Bazin, has written the work carefully enough, quoting heavily from the d, iary and writings of Mary of Providence. One could wish, however, for the personality traits, the telling touches which make a holy person flesh and blood.-~R. A. RUDOLF, S.J. THE HAPPINESS OF HEAVEN. By a Father of the Soclefy of Jesus. Pp. 372. The Newman Press, Westminster, Maryland, 1949. $2.50. After. having been hidden aw~y nearly eighty years in convents, monasteries, and novitiates, this gem is now dusted off and presented once more for the enjoyment of the Catholic reader. The author, Father Isidore Boudreaux, was a master of novices in the Jesuit novitiate at Florissant, Missouri, but his name was withheld from most of the early editions. The present edition is planographed and is presented without revision of the original. Besides. discussing the essence of heavenly happiness, namely, the beatific vision, Father Boudreaux also answers many little questions of interest to the earthbound. Is there a social life in heaven? What will our bodies be like? Will all be equally happy? Answering these and many other queries, the author has covered practically all that we can know about the next life. The subject matter, due to the its very sublimity, is quite diffi-cult. Father Boudreaux witl~out abandoning sound theology has treated heaven in.a way that should make The Happiness of Heaveb required reading for all priests and religious, and a source of great comfort and courage to Catholic laymen.--M. HAGhN, S.J. BOOK NOTICES Fatima is truly of great importance to us today. The passage of the "Pilgrim Virgin" through our country has led many hundreds o.f thousands to a deeper consideration and understanding of this importance. Wherever the statue went, great crowds flocked to venerate it and to fulfill Mary's desires by confessions, Communions, Masses, and rosaries., One of the highlights of the trip was the. week at St. Meinrad's Abbey, Indiana. A detailed history of the careful 328 Noeember, 1949 BOOK NOTICES preparation for the week and of the complete success of the celebra-tion is given in the book FATIMA WEEK SERMONS. A sixteen page introduction by. the Abbot (Rt. Rev. Ignatius Esser, O.S.B.) tells of the pre!barations, of the handling of the crowd of 125,000 that attended, and of that crowd's devout spirit. The thirty-eight sermons given in the book are the Marian talks delivered during the week. They treat of Fatima and of the Marian virtues most closely associated with the Fatima message. These talks were given by thirty-eight different priests and naturally vary in value, but a judicious assigning of topics to the speakers kept repetition of thought to a minimum. This is a valuable book for one studying the history of the Fatima devotion and for one who plans any big Marian celebration. (St. Meinrad, Indiana: The Grail, 1949. Pp. 170. $1.00 [paper].) THE MYSTICAL ROSE, by Father Hubert, O.F.M.Cap., is a small book of scarcely more than pamphlet size treating of Mary's hidden beai~ty and love through a discussion of her fullness of grace, her virginity, and her divine maternity. The style is fluent and poetic, but the book is often repetitious and verbose with a wordi-ness that hinders rather than heightens clarity. Despite this fault of style, the book has merits which lead one to a meditative reading and rereading of many passages which tease one to further thought. (Westminster, Maryland: The Newman Bookshop, 1948. Pp. 79. $1.75.) FAITH AND A FISHHOOK, by Sr. M. Charitas, S.S.N.D., is a book of thirteen chapters presenting in chatty style selected anecdotes from the lives of our Lgrd, eleven saints, and the Archangel Raphael. "It is unfortunate that the author attempts to attract youthful readers to the religious life by telling them that this life "asks far less sacrifices than any other state"! In fact, the religious life is so easy that "it takes huge courage not to become a religious" (p. 122). Not only are such statements false, but they are apt to dissuade, rather than to encourage prospective postulants. (Milwaukee: ~Fhe Bruce Pub-lishing Company, 1949. Pp: ix q- 164. $2.50.) HOT EMBERS, by Sister M. Charitas, I.H.M., devotes most of its short twenty-eight chapters to narrating and devoutly commenting on various episodes of our Lord's Infancy, Passion, and Resurrection. A special section makes observations on the lives of St. Theresa of .329 Book NOTICES Review for Religious Lisieux, St. Theresa of Avila, St. John of the Cross, St. Angelus, Simon Stock, Elias. The remaining chapters treat of the Scapular Feast, the Good Shepherd, the Blessed Sacrament, the Sacred Heart, and the Feast of the Immaculate Hea.rt of Mary. (New York: The Scapular Press, 1948. Pp. 205. $2.75.) LITURGICAL ~VIEDITATIONS (Volume I: From Advent to the Ascension; Volume II: From Ascension to Advent), by the Sisters of Saint Dominic, Adrian, Michigan, provides daily meditations for an entire year. Each is in some way connected with the liturgy of the day. Three short points tie Scripture, meditations, and Mass together. The Sanctoral Cycle is naturally devoted to the Saints and. Blessed of the Order of Preachers, as. the work was originally intended by the anonymous writers for the members of their own Order. (St. Louis: B. Herder Book Company, 1949. Pp. viii + 533: 479. $10.00 [set].) THE CURE D'ARS, by Abb~ Francis Trochu, is a reprint of the "standard" life of the great Cur~. The author drew upon the volu-minous records of the process of canonization for his. material. The life was done into English by Dora Ernest Gra.f, O.S.B., and was first published in 1927. As hagiography it is in the older analytical style with the saint's every virtue described in its own chapter. This is "bad" for the plot--but the wh6le plot here is the boundless love of God. (Westminster, Maryland: The Newman Press, 1949. Pp. xxiii -ff 586. $5.50.) TRANSFORMATION IN CHRIST, by Dietrich yon Hildebrand, will give many a new self-knowledge, a new surehess, and some "know-how" in their efforts at Christlikeness. The book has a solid, earnest, inspiring message for all who admit that "before all else, it is necessary for us to grasp the 'height, breadth, and depth' of our vocation, and fully to comprehend the message of the" Gospel which invites us not merely to become disciples of Chris't and children of God, but to enter into a.process of transformation in Christ." The somewhat technical vocabulary of the book will at times make heavy reading for those who have not enjoyed the opportunity of a classicaI education or philosopical training; but
Il lavoro è volto a mettere in luce le problematiche connesse all'attività delle imprese multinazionali e alla sussistenza in capo alle stesse di una responsabilità sociale internazionale (RSI). Nell'attuale panorama economico e politico mondiale, caratterizzato dalla globalizzazione e dalla stretta interdipendenza dei mercati, dalla sempre più frequente internazionalizzazione dei processi produttivi e aziendali e dalla contestuale operatività delle società in più Paesi, dalla accresciuta consapevolezza del consumatore circa il rispetto, nei processi produttivi, di istanze ritenuti fondamentali dalla società civile, come i diritti fondamentali dell'uomo e dei lavoratori o la protezione dell'ambiente, l'impresa multinazionale assume un ruolo fondamentale sia nell'indirizzare i trends economici globali (si pensi al fatto che alcune società hanno profitti superiori al PIL di buona parte degli Stati della comunità internazionale); la configurazione di una responsabilità sociale in capo a tali società vuol dire mescolare la libertà di impresa e il libero mercato con l'etica. La necessità di inserire la questione dell'etica negli affari nasce, dunque, dalla convinzione - sempre più diffusa in ambito internazionale e nazionale - che l'attenzione dell'impresa verso le istanze sociali, ambientali ed etiche delle comunità umane costituisca una condizione imprescindibile per uno sviluppo durevole e sostenibile. In tale prospettiva, dunque, il concetto di responsabilità sociale d'impresa richiama le imprese a considerare attentamente - nella definizione della propria strategia, nell'articolazione delle politiche e nelle procedure gestionali quotidiane - gli interessi diffusi della collettività, nonché l'impatto delle proprie attività, non solo in termini economici, ma anche sociali, ambientali ed etici. La responsabilità sociale rappresenta, quindi, per l'impresa uno strumento utile ed efficace per rispondere alle istanze e alle esigenze della società civile. Con la RSI nasce quindi una teoria di impresa che vede la produzione di beni non solo come strumento di profitto ma anche come occasione di realizzazione del benessere sociale; lo stesso operato dell'impresa inizia ad essere valutato globalmente non solo in rapporto ai risultati economici della stessa ma anche in base alla qualità del prodotto, alla qualità dell'ambiente lavorativo e alle istanze ambientali, seconda i dettami di quella scuola di pensiero del cd. business ethics per cui le imprese sono chiamate a compiere azioni che contribuiscano ad eliminare e prevenire le iniquità sociali e a promuovere lo sviluppo della collettività. Tale necessità è stata anche consequenziale a comportamenti ed abusi messi in atto dalle società transnazionali che hanno arrecato gravi danni alle comunità umane degli Stati ospiti delle attività produttive. Gli abusi commessi dalle imprese, non sempre riconducibili a precise violazioni degli ordinamenti nazionali, sono stati progressivamente interpretati e costruiti come violazioni o mancanze nei confronti di un complesso di principi definiti come appartenenti ad una ampia sfera di responsabilità sociale internazionale dell'impresa, che implica la perdita di reputazione e, quindi, la possibile riduzione delle sue quote sul mercato qualora gli stakeholders più interessati riescano a mobilitare l'opinione pubblica su larga scala. Fin dagli anni '70, diverse organizzazioni internazionali hanno iniziato ad occuparsi della regolamentazione dell'attività delle imprese transnazionali, evidenziando il ruolo che le imprese multinazionali sono chiamate a rivestire nei processi di tutela dei diritti umani e dell'ambiente che emergono nello svolgimento delle loro attività economiche; appare evidente come sia basilare, nel piano dell'opera, definire l'impresa multinazionale, analizzando i diversi strumenti adottati dalle organizzazioni internazionali e i contributi dottrinali in materia, alla luce dei quali sembra potersi dire che il carattere di "multinazionalità" o "transnazionalità" è dato dalla presenza di diverse unità operative, dislocate in più Paesi, che si trovano sotto il controllo (azionario o di gestione) di un'unica società holding; tale distinzione tra unità operative si estende fino al profilo giuridico, in quanto le singole consociate sono autonomi soggetti di diritto sottoposti, relativamente ai profili della regolamentazione e della costituzione, all'ordinamento giuridico dello Stato di nazionalità. Ciò spesso comporta che le società scelgano come sede un Paese sulla base della convenienza che ciascuno di essi offre in relazione al trattamento fiscale, al costo della manodopera e delle materie prime, alla regolamentazione in materia di protezione dell'ambiente. Sembra quindi necessario un tentativo di regolamentazione da parte di organismi sovranazionali, a fronte del numero sempre maggiore di imprese operanti in più mercati (più di 80.000 società con circa 900.000 società sussidiarie), al loro peso economico e occupazionale (si stimano circa 80.000.000 di posti di lavoro) e a seguito di numerosi episodi che hanno coinvolto tali imprese dagli anni '70 ad oggi, come nei casi della Drummond o della Del Monte, accusate di gravi repressioni dei diritti sindacali e sociali dei lavoratori, o della Chevron/Texaco e della Union Carbride, responsabili di disastri ambientali tra cui quello di Bophal, in India, fino al caso, recentissimo, del disastro ambientale causato dalla piattaforma Deepwater Horizon al largo delle coste della Florida e della Louisiana tra il 2010 e il 2011, o i casi di violazioni dei diritti umani e commissione di crimini internazionali (arresti arbitrari, torture, violenze sessuali, trattamenti inumani e degradanti), commesse da società transnazionali operanti nel settore estrattivo e minerario in Africa e nel Sud Est Asiatico, commessi direttamente o a mezzo di milizie assoldate per la protezione degli impianti. L'attività delle Organizzazioni internazionali, a partire dagli anni '70, si è focalizzata sul tema; l'OCSE, l'Organizzazione internazionale del lavoro, la Camera di Commercio internazionale hanno adottato in quegli anni raccomandazioni e dichiarazioni rivolte agli Stati membri e alle imprese per l'adesione a certi principi e diritti già sanciti da altri strumenti convenzionali; le Nazioni Unite, prima attraverso l'attività della Commissione sulle imprese multinazionali e poi della Sottocommissione per la protezione e promozione dei diritti umani, si sono occupate della materia, giungendo alla elaborazione di un Codice di condotta per le imprese multinazionali (mai adottato) e di Norme sulla responsabilità delle imprese multinazionali e altre imprese in relazione ai diritti umani, che si affiancano alla partnership pubblico-privata del Global Compact. Ancora, anche altre organizzazioni internazionali, come l'Organizzazione mondiale della sanità, l'OMC, la Banca mondiale, l'International Standard Organisation, hanno adottato atti che invitano le imprese a svolgere la propria attività produttiva nel pieno rispetto dei diritti fondamentali della persona, delle comunità locali e dell'ambiente, e quindi prendendo in considerazione non solo interessi e diritti dei soci ma di tutti i soggetti a vario titolo coinvolti o toccati dall'attività aziendale. In ultimo, è il lavoro del Rappresentante Speciale del Segretario Generale ONU John Ruggie ad elaborare un quadro normativo (denominato Protect, Respect, Remedy) generale relativo al rapporto tra business e diritti umani. La caratteristica degli strumenti analizzati è la loro natura non vincolante, quindi meramente esortativa e ad applicazione volontaria. Tale situazione si ricollega sostanzialmente a due ragioni: la discussa soggettività internazionale delle imprese multinazionali e le opposte visioni dei Governi in materia (con evidenti difformità di vedute tra Paesi in via di sviluppo e Paesi industrializzati). Riguardo alla soggettività delle imprese multinazionali, ovvero lo status di essere titolari di diritti e obblighi nascenti dal diritto internazionale, la dottrina internazionalistica è fortemente divisa. Secondo un primo orientamento, le IMN non sarebbero soggetti di diritto internazionali in quanto sono solo destinatarie di norme, e quindi "oggetto" del diritto internazionale; sarebbero soggette solo alla giurisdizione dello Stato, e vincolate dal diritto internazionale solamente in virtù del richiamo da parte dell'ordinamento giuridico interno. Dagli anni '60, inizia a farsi largo un diverso filone dottrinale che, partendo dal noto parere della Corte internazionale di giustizia Reparations for Injuries, considera l'impresa quale soggetto di diritto internazionale, in virtù di una serie di diritti e obblighi che le vengono attribuiti dal diritto internazionale, soprattutto in materia di investimenti e di contratti internazionali (tra tutti, il diritto di adire un'istanza arbitrale o giurisdizionale a carattere arbitrale). Inoltre, la costante attenzione per l'attività delle IMN da parte delle Organizzazioni internazionali, potrebbe testimoniare la nascente opinio juris di conferire una, seppur limitata, soggettività internazionale alle imprese. Dall'analisi della prassi internazionale si sono tratte conclusioni provvisorie, in particolare che l'impresa, soprattutto nel settore del diritto economico e degli investimenti, possegga una personalità giuridica internazionale limitata e soprattutto derivata dalla volontà degli Stati, ma soprattutto funzionale, poiché contenuta nei limiti stabiliti dal trattato internazionale (BITs) o del contratto internazionale che stabilisce diritti e obblighi per la stessa. Negli ultimi anni anche l'Unione Europea ha iniziato a promuovere una adesione delle imprese ai valori fondamentali dei diritti dell'uomo, dei lavoratori e dello sviluppo sostenibile. A partire dal Libro Verde del 2001, l'UE ha elaborato progressivamente una strategia europea per la responsabilità sociale di impresa, qualificata come adozione spontanea di prassi volte a contribuire al miglioramento della società e alla qualità dell'ambiente. La strategia dell'UE si caratterizza per avere una dimensione sia interna all'impresa, stabilendo una serie di programmi d'azione e l'adozione di sistemi di gestione dei processi produttivi, sia esterna alla stessa, prevedendo il coinvolgimento di comunità locali, partner commerciali, clienti, fornitori, ONG, autorità statali. A tali fini, l'UE lanciò una serie di iniziative, quali i sistemi EMAS e ECOLABEL di certificazione ecologica e di audit ambientale, il Multistakeholders' forum, per formare un quadro giuridico regolamentare in materia di appalti pubblici e sostenibilità ambientale, di tutela del consumatore, di pubblicità ingannevole, nonché l'adozione di codici di condotta settoriali, ispirato ai principi della RSI. L'attività di regolamentazione della RSI ha ricevuto un contributo dalle stesse imprese multinazionali, nel senso di una autoregolamentazione delle proprie attività, attraverso dei codici di condotta autonomamente adottati dalla singola impresa in funzione delle proprie strategie e valori. Tali codici si distinguono nettamente dalle linee guida adottate dalle Organizzazioni internazionali perché in essi l'impresa si fa creatrice e destinataria di norme, create non perché la necessità provenga dal diritto, ma dall'interesse dell'impresa (che, in molti casi, si caratterizza per essere meramente reputazionale). Tali codici, di chiara natura volontaristica, garantiscono il rispetto degli standard di tutela e di promozione dei principi in esso contenuti, stabilendo il più delle volte un meccanismo di monitoraggio e controllo del rispetto delle norme in esso contenute, meccanismo che può essere a carattere interno (gestito quindi da un ufficio interno all'impresa) o a carattere esterno (gestito, il più delle volte, da una ONG o da un sindacato). Infine, la ricerca si conclude con l'analisi dei principali temi che riguardano la RSI negli ultimi anni, ovvero quelli relativi ai profili di responsabilità delle imprese per violazione dei diritti fondamentali e per danni ambientali (con particolare riguardo alla disciplina statunitense contenuta nell'Alien Torts Statute), con particolare riferimento agli obblighi internazionali che incombono sugli Stati attraverso la ricostruzione della prassi internazionale. Inoltre, ulteriore profilo di studio è quello che si concentra sulla possibile estensione della giurisdizione dei tribunali internazionali per crimini internazionali alle persone giuridiche, con particolare riguardo ai lavori preparatori della Conferenza di Roma che ha portato all'istituzione della Corte Penale Internazionale. In conclusione, oggetto della ricerca è stato la ricostruzione del concetto di RSI, il quale è un prodotto degli ordinamenti nazionali ed in particolare degli ordinamenti giuridici degli Stati industrializzati, identificando un framework giuridico che include strumenti normativi di varia natura e in svariati settori, come quelli che disciplinano le società commerciali; le normative nazionali di prevenzione e repressione della corruzione; le normative del settore finanziario ed in particolare quelle sulle borse valori; le discipline a tutela del lavoro, dell'ambiente e del consumatore. Negli Stati più avanzati dal punto di vista economico e istituzionale la RSI, dunque, non è codificata in uno specifico settore regolamentare ma rappresenta un sistema complesso di normative che regolano i diversi aspetti di quelle attività di impresa; nei PVS, invece, tali normative sono spesso frammentarie o addirittura assenti: questa situazione ha permesso alle IMN di avvantaggiarsi dei vuoti legislativi o delle regole stringenti presenti in questi Paesi. Appare evidente come la comunità internazionale abbia constatato la necessità di regolare l'attività delle imprese multinazionali, per la promozione e la protezione dei propri valori fondamentali e di uno sviluppo in un'ottica di sostenibilità ambientale, nell'intenzione di creare un quadro giuridico internazionale che permetta alle imprese di perseguire le proprie finalità aziendali senza perdere di vista le esigenze collettive (in particolare dei Paesi in cui operano). Per raggiungere tale obiettivo, appare inevitabile un'evoluzione del diritto internazionale vigente, i cui processi di formazione, gestiti sostanzialmente dai Governi, non possono non tenere conto dell'accresciuto ruolo e peso delle IMN e della società civile. ; In today's economic and political world characterized by globalization and interdependence of markets, by an increasingly internationalization of production processes and by business operations of the company conducted simultaneously in several countries, by an increased consumer awareness regarding compliance of production processes to values that are considered essential by civil society, as fundamental human rights and labour and environmental protection, MNEs have a fundamental role in addressing the global economic trends. In this perspective, then, the concept of corporate social responsibility attracts companies to consider carefully - in the definition of its strategy and in the articulation of policies and procedures daily management - the various interests of the community, as well as the impact of its activities, not only in economic terms but also in social, environmental and ethical issues. Social responsibility is, therefore, a useful tool for the enterprise and effective way to respond to the needs and demands of civil society.With the CSR arises, therefore, a theory of business that sees the production of goods not only as a means of profit, but also as an opportunity for the realization of social welfare, as dictated bythe school of thought of thebusiness ethics, which invite companies to take action in orderto eliminate and prevent social inequities and promote community development. This need was also consequential to the abusescommitted by transnational corporations that have caused serious damage to human communities of their host countries. Abuses committed by companies, not always related to specific violations of national laws, have been gradually interpreted and constructed as a violation or misconduct against a set of principles defined as belonging to a broad spectrum of social responsibility international, which implies loss of reputation and, therefore, the possible reduction of its share on the market where the key stakeholders concerned can mobilize public opinion on a large scale. Since the 70s, several international organizations have begun to deal with the regulation of transnational corporations, highlighting the role that multinational corporations are called to play in the process of protection of human rights and of the environment that emerge in the course of their economic activity. Is fundamental for the work plan, define the multinational enterprise, by analysing the various instruments adopted by international organizations and doctrinal contributions on the subject, the light of which it seems possible to say that the character of "multinationality" or "transnationality" is the presence of various operating units, located in different countries, which are under the control (equity or management) of a single holding company; the distinction between operational units extends to the legal point of view, as the individual subsidiaries are independent legal entities subject, relatively to the profiles of the regulation and constitution, subjected to the legal system of the State of nationality. It often means that companies choose the host country on the basis of convenience that this country provides in relation to the tax treatment, labour costs and raw materials, to the rules on environmental protection. It therefore seems necessary to attempt to regulate multinational enterprises by supranational bodies, in relation to the increasing number of companies operating in multiple markets (more than 80,000 companies with about 900,000 subsidiaries), to their economic and employment (an estimated 80 million job opportunities) and following several incidents involving such companies from the '70s to today, as in the case of Drummond or Del Monte, accused of severe repression of trade union rights and social rights of workers, or Chevron/ Texaco and Union Carbide, responsible for environmental disasters including that of Bhopal, India, to the case of the environmental disaster caused by the Deepwater Horizon rig off the coast of Florida and Louisiana between 2010 and 2011, or cases of human rights violations and commission of international crimes (arbitrary detention, torture, rape, inhumane and degrading treatment) by transnational corporations operating in the mining industry in Africa and South East Asia, made directly or through the militias hired to the protection of plants. The activities of international organizations, from the 70s, focused on the theme, the OECD, the International Labour Organization, the International Chamber of Commerce adopted in those years, recommendations and declarations addressed to the Member States and the companies for adherence to certain principles and rights already provided by other conventional instruments; also the United Nations, first through the work of the Committee on Multinational Enterprises and then through the subcommittee for the protection and promotion of human rights, have dealt with the matter, coming to the elaboration of a Code of Conduct for Multinational Enterprises (never adopted) and rules on the responsibilities of transnational corporations and other business enterprises with regard to human rights, alongside to the public-private partnership of the Global Compact. Still, other international organizations such as the World Health Organization, the WTO, the World Bank, the International Standards Organization (which as a private nature), have taken actions that invite businesses to carry out its production activities in full respect of fundamental human rights, of local communities needs and of the environment, and then taking into account not only the interests and rights of the shareholders but to all those involved in various ways affected the activity or business. Finally, it is the work of the Special Representative of the UN Secretary-General John Ruggie to develop a framework (called Protect, Respect, Remedy) concerning the relationship between business and human rights. The characteristic of the analysed tools is their non-binding nature, then merely hortatory and voluntary application. This situation is linked mainly to two reasons: the disputed international subjectivity of multinational enterprises and the opposing views of Governments on the subject (with obvious differences of views between developing countries and industrialized countries). Regard to the subjectivity of transnational corporations, or the status of being holders of rights and obligations arising from international law, international legal theory is strongly divided. According to one view, MNEs would not be subject to international law as they are only recipients of rules, and then the "object" of international law would be subject only to the jurisdiction of the state, and bound by international law only by virtue of the reference made by the domestic legal system. Since the '60s, a different doctrinal trend began to make his way starting from the known opinion Reparations for Injuries of the International Court of Justice, and then considering the company as a subject of international law, by virtue of a series of rights and duties which are assigned to it by international law, especially in the field of investment and international contracts (among them, the right to appeal an arbitration tribunal or judicial character arbitration). In addition, the constant attention to the activities of MNEs by international organizations, could witness the nascent opiniojuris to give ainternational subjectivity to businesses, albeit limited. An analysis of international practice have taken provisional findings, in particular that the company, especially in the field of economic law and investment, possesses an international limitedlegal personality and mainly derived from the will of the States, but above all functional, as contained in limits established by international treaty (BITs) or international agreement that establishes rights and obligations for the same. In recent years the European Union has begun to promote adhesion of the companies core values of human rights, labour standards and sustainable development. From the Green Paper of 2001, the EU has developed progressively a European strategy for corporate social responsibility, described as spontaneous adoption of practices to contribute to the improvement of society and the quality of the environment. The EU strategy is characterized by having an internal dimension to the company, establishing a series of action programs and the adoption of management systems, processes, and external to it, calling for the involvement of local communities, commercial partners, customers, suppliers, NGOs, state authorities. To this end, the EU launched a series of initiatives, such as EMAS and Ecolabel certification ecological and environmental audit, the multi-stakeholder forum, to form a legal framework to regulate public procurement and environmental sustainability, protection of consumer, misleading advertising, and the adoption of sectorial codes of conduct based on the principles of CSR. The regulatory activities of CSR has received a grant from the multinational enterprises themselves, in the sense of a self-regulation of their activities, through codes of conduct adopted by each company independently according to their own strategies and values. These codes can be clearly distinguished from the guidelines adopted by international organizations because in them the company is the creator and recipient of rules, created not because the need comes from the law, but by the company (which, in many cases, characterized by being merely reputational). These codes, clearly voluntary, ensure compliance with standards for the protection and promotion of the principles contained therein, setting most of the time a mechanism for monitoring and enforcement of the rules it contains, a mechanism that may be internal character (then managed by an office inside the company) or external character (managed, in most cases, an NGO, or a trade union). Finally, the research concludes with an analysis of the main issues concerning CSR in recent years, namely those related to the profiles of corporate responsibility for violation of fundamental rights and environmental damage (especially with regard to U.S. regulations contained in the Alien Tort Statute), with particular reference to international obligations on states through the reconstruction of the international practice. In addition, further study is to profile that focuses on the possible extension of the jurisdiction of international tribunals for crimes under international law to legal persons, with particular reference to the drafting history of the Rome Conference that led to the establishment of the International Criminal Court. In conclusion, the object of the research was the reconstruction of the concept of CSR, which is a product of national law and in particular the legal systems of the industrialized countries, identifying a legal framework that includes legal instruments of various types and in various sectors, such as those governing commercial companies, national regulations for the prevention and combating of corruption; regulations of the financial sector and in particular those on stock exchanges; disciplines to protect labour, the environment and the consumer. In the most advanced in terms of economic and institutional CSR, therefore, is not encoded in a specific sector regulation but it is a complex system of regulations governing various aspects of the business activities, in developing countries, however, these rules are often fragmentary or even absent: this situation has allowed MNCs to take advantage of loopholes in the law or stringent rules present in these countries. It is evident that the international community has identified the need to regulate the activities of multinational enterprises, for the promotion and protection of its fundamental values and development in a sustainable environment, with the intention to create an international legal framework that allows companies to pursue their own business purposes without losing sight of the collective needs (in particular in the countries in which they operate). To achieve this goal, it is inevitable evolution of international law, whose formation processes, managed largely by governments, cannot fail to take into account the increased role and weight of MNEs and civil society. ; Dottorato di ricerca in Persona, impresa e lavoro: dal diritto interno a quello internazionale (XXV ciclo)
Issue 34.2 of the Review for Religious, 1975. ; Review ]or Religious is edited by faculty members of the School of Divinity of St. Louis University, the editorial offices being located at 612 Humboldt Building; 539 North Grand Boulevard; St. Louis, Missouri 63103. It is owned by the Missouri Province Educational Institute; St. Louis, Missouri. Published bimonthly and copy-right Q 1975 by Review [or Religious. Composed, printed, and manufactured in U.S.A. Second class postage paid at St. Louis, Missouri. Single copies: $1.75. Sub-scription U.S.A. and Canada: $6.00 a year; $11.00 for two years; other countries, $7.00 a year, $13.00 for two years. Orders should indicate whether they are for new or renewal subscriptions and should be accompanied by check or mgney order payable to Review ]or Religious in U.S.A. currency only. Pay no money to p~rsons claiming to represent Review ]or Religious. Change of address requests should include former address. Daniel F. X. Meenan, S.J. Everett A. Diederich, S.J. Joseph F. Gallen, S.J. Editor Associate Editor Questions and Answers Editor March 1975 Volume 34 Number 2 Renewals, new subscriptions, and changes of address should be sent to Review for Religious; P.O. Box 6070; Duluth, Minnesota 55802. Correspondence with the editor and the associate editor together with manuscripts and books for review should be sent to Review for Religious; 612 Humboldt Building; 539 North Grand Boulevard.; St. Louis, Missouri 63103. Questions for answering should be sent to .Joseph F. Gallen, S.J.; St. Joseph's College; City Avenue at 54th Street; Philadelphia, Pennsyl-vania 19131. Typical Constitutions Joseph F. Gallen, S.J. Joseph F. Gallen, S.J., a specialist in canon law for religious, is a member of the Jesuit Community at St. Joseph's College; City Avenue at 54th Street; Philadelphia, Pennsylvania 19131. INTRODUCTION 1. Plan. The purpose of the present work i~ to facilitate the writing of constitutions of congregations of sisters. It is in fact a typical set of con-stitutions and consists of three parts: I. Spiritual, which is a topical list of spiritual matters for the articles of the first and purely spiritual part of the con-stitutions. Legal norms and details are excluded from this part. 11. Legal, the more important legal articles of congregations of sisters, and these are to make up the second part of the constitutions. III. Statutes, which are not part of the constitutions. These consist of the lesser legal norms to which are to be appended the enactments of general chapters and the ordinances of superiors general. The present work is baled primarily on "Typical Constitutions of Lay Religious Congregations," Review for Religious, 25 (1966), 361-437, also ob-tainable as a reprint from Review for Religious; secondarily on "Proper Juridical Articles of Constitutions," ibid., 27 (1968), 623-32; and lastly on "Constitutions without Canons," ibid., 452-512, which also contains a hand-book of the canons that apply to congregations of sisters, 477-508. 2. Two parts in constitutions. The essential principle of this plan is not that the constitutions are divided into two parts but that the first part is purely spiritual and therefore does not contain legal norms or details, which are con-fined to the second part and to the statutes. The reason for following this prin-ciple is my experience, observation, and judgment that legal norms and details necessarily dry up the spiritual articles of constitutions. The Holy See ap-proved the constitutions of Visitation Nuns, effective from February 2, 1971, 191 192 / Review for Religious, Volume 34, 1975/2 which are divided into two books, one spiritual, the other legal. The same ap-proval had been given in the past to the constitutions of some orders of nuns, in which the canonical norms were appended to but did not form part of the con-stitutions. A juridical norm is to be accurate, clear, and as brief as possible. There are to be no superfluous words; every word is to mean something perti-nent. The result is a dry utterance, and it is evident that details are dry. Law and details have their necessary and proper place in the religious life. They are to be observed but this does not mean that they are to obstruct or to be con-fused with the spiritual. Ecclesiae sanctae (no. 14) states in effect that less stable, less general, and more detailed norms should not be part of the con-stitutions. 3. Canons should not be included in the constitutions unless this is necessary or counseled for the sense of the particular article of the con-stitutions. The constitutions are the proper law of the institute; canons and other matters of common law are the universal law of the Church. There will undoubtedly be translations of the new canon law into at least the principal vernacular languages. An analytical index or handbook of the canons that apply to congregations of sisters can be used by all congregations, and the ex-cessive number of legal articles that have been in the constitutions of each con-gregation can thereby be eliminated. As stated above, there is such a handbook of canons for congregations of sisters in Review for Religious, 27 (1968), 477- 508. 4. First and spiritual part of the constitutions. Typical topics for this first section are listed below. This section should consist of the broad, fundamental, spiritual, religious, human, and social principles of the religious life. The style should be in keeping with the dignity of the matter, motivating, and inspiring. It is to be well written but is not to be merely attractive spiritual reading nor mere narration or information. It is to lead to action, as is the second part of the constitutions and the statutes; it is a rule of life and conduct, and it is in this most important aspect that the style of current experimental constitutions is defective (Review for Religious, 33 (1974), 378-9). This section is not to be a manual of spiritual theology; it gives the more general and fundamental motivation and spirituality of the Church and of the institute. The spiritual sec-tion does not free from but presumes and demands the constant prayerful study of Sacred Scripture, the teaching of the Church on spiritual, theology and the religious life, spiritual theology itself, and other sound spiritual words (ibid.). Obviously the spiritual section should be solid and not filled in with unreal or unsubstantial motivation or spirituality. Especially for this section, the follow-ing footnotes in the article, "Typical Constitutions of Lay Religious Congregat!ons," can be consulted. These contain a listing of other articles, particularly those of spiritual content, ,often found in chapters of constitutions in the past. These footnoteg are nos. 5, 16, 19, 22, 27-9, 32, 36, 40-1, 43-6, 71-2, 74, 90, 93, and 95. From this same article, the following articles should be in the first and spiritual section of the constitutions: 1-2, the general and special Typical Constitutions / 193 purpose; 82, 94-5, the definitions of the essential religious vows; and no. 93, the law of common life in relation to poverty. 5. Second and legal section of the constitutions. This is composed in greater part of the determinations of matters left undetermined in canon law and also of articles over and above canon law. By reason of canon 572, par. 1, no. 6, the vows must be received by the legitimate superior according to the constitutions. The constitutions therefore must determine who is the legitimate superior in this matter. Canon law says nothing on the age required for elected general officials nor for local superiors. The practice of the Holy See in ap-proving the constitutions of pontifical congregations commonly demanded thirty-five years of age for such officials and thirty for local superiors. These are consequently articles over and above canon law. The more important and broader legal articles are to be in this section, those of lesser moment and less general in the statutes. Headings are put at the beginning of many articles in these two sections that the reader may see at a glance and reflect on the topics to be in the second and juridical part of the constitutions and in the statutes and also to note the general difference of the topics in these two sections. These headings therefore do not have to be retained in the constitutions. The order of the matters or articles in none of the three sections will necessarily be the same in all congregations. However, it is recommended to follow the same order in this second section and in the statutes for facility of use. Other articles of like import may be added to any of the three sections. In the juridical part of the constitutions and in the statutes, more important additions should be put in the former, the less important, less general, less stable in the latter. This legal sec-tion and the statutes have especially been based on the three articles mentioned in no. 1 above. In the article, "Proper Juridical Articles of the Constitutions," the following explanatory footnotes can be ~sefully consulted: Nos. 2, 4, ad-mission to and dismissal from the postulancy; 3, prolongation of the postulan-cy; 5, admission to the noviceship; 8, dismissal of a novice; 9, prolongation of the noviceship; 10, admission to profession; 11, anticipation of renewal of tem-porary vows; 12, exclusion from profession; and 13-5, dismissal. Articles 86, 101-2 of this section may be omitted, and 58 transferred to the statutes. 6. Statutes, which are not part of the constitutions. It is to be emphasized that this section is not part of the constitutions. Therefore, it does not demand the approval of the Holy See nor of the local ordinaries in the case of diocesan congregations. Consequently, it may be changed by the institute itself, unless the matter is one of common law, as the custom book is now changed by the in-stitute. This section is to contain the norms that are less important, less general, less permanent, more procedural than .substantial, more office and job profiles and descriptions than norms on the religious life (Ecclesiae sanctae, no. 14). Articles 3, 10, 19, 21, 23-4, 29, 33, 41, 43, 88, and 95-6 of this section may be omitted. The enactments of general chapters and the ordinances of superiors general should be placed at the end of this section. For this reaspn it can be more efficient and economical to print this section as a separate and less expensive booklet. 194 / Review for Religious, Volume34, 1975/2 7. Bibliography. In addition to the articles mentioned in no. 1 above, the following questions and answers and articles in Review for Religious will be helpful: "Too Much Canon Law in Constitutions," 15 (1956), 220-1; "The Constitutions," 19 (1960), 323-67; "Differences in Constitutions of Sisters and Brothers," 26 (1967), 507-16; "Differences of Law between Pontifical and Diocesan Lay Congregations,"' 27 (1968), 289-307; "Omission of Canons from Constitutions," ibid, 1144; "Postconciliar Norms on the Revision of the Constitutions," ibid., 1145-7; "Votes Required for a Revision of the Constitutions," ibid., 752-7; "Canon Law for Religious after Vatican II," 31 (1972), 949-66; 32 (1973), 1273-87; 34 (1975), 50-70; "Revision of the Constitutions," 33 (1974), 376-85. 8. Exclusion of added notes. It had been my intention to add some ex-planatory notes, but I later felt that this would only encumber an article that was already very long. It is sufficient to note that the duration of the postulan-cy, noviceship, and temporary profession is that which 1 consider the best. Provincial superiors and officials may also be elected in the provincial chapter. Finally, the directress of novices and her assistant do not have to be designated for any determined duration of office. 9. Based on the practice of the Holy See. The legal section of the con-stitutions and the statutes have been presented with the practice of the Sacred Congregation for Religious and Secular Institutes in approving constitutions always in mind. However, at times I have proposed suggestions of my own, for example, in art. II, 31, 59, and 115 of the legal section and art. 60 of the statutes. 10. General chapter retained as now. I found the place and manner of presenting the general chapter difficult to decide. I finally concluded that the best place was at the end of the legal section of the constitutions, with the norms of common law retained as now. PART I. SPIRITUAL The spiritual section, as here given, is composed simply of a list of the headings that should be developed in it. One important reason for this plan is to give full possibility for the expression of the distinctive character of a religious institute, which cannot be readily actuated in the legal section. As stated in the introduction, this part should consist of the broad, fundamental, spiritual, religious, human, and social principles of the religious life. It should give the more general .and fundamental motivation and spirituality of the Church and of the institute. Other topics may be added but they should fall within the principles just given. I. Divine vocation. The invitation of the Holy Spirit is manifested in the interior illumination and inspiration of the personal, close, and especially the total love of our Lord for you. 1 Jn 4:9-11, 19; PC, no. 6. 2. Response. Your response was to accept a life of personal, close and es-pecially of total love for our Lord. Col 3:14; Rom 13:10; I Cot 13:!3; Eph 3: 17-8; LG, nn. 39-40, 44; GES, no. 24; PC, nos. 5, 11. Typical Constitutions 3. Baptismal consecration. Relation of this invitation, response, and acceptance by God to baptism, or baptismal consecration, as the sacrament of regeneration and initiation. PC, no. 5. 4. Spirit and charism of the founder or foundress. 5. Relation of Rule, constitutions, and all law for religious to this invitation-response or consecration. PC, no. 2; Review for Religious, 33 (1974), 381. 6. Invitation to perfection is to the perfection of love or better still to a love that is personal, close, and especially total of our Lord and of all mankind for Him. 7. Perfect love will be attained completely only in the eternal possession of God in the beatific vision. From this it follows that life on earth must be similarly supernatural and be lived with sufficient understanding and con-sciousness of the Indwelling of the Trinity, of sanctifying grace as the par-' ticipation in the divine nature, as adoption into the family of God, of the in-fused virtues, the predominance of the supernatural virtue of charity, of the gifts of the Holy Spirit, the illumination and inspiration of the Holy Spirit, and of the relation of these to the Mystical Body, the vine and the branches, and the sacraments. I Cor 3:16-7; Jn 14:23; 2 Pt 1:4; 1 .In 3:1; Rom 8:17; Gai 4:4-6; Eph 1:4-6; Rom 8:28-30. 8. Our Lord is the ideal. However, we do not so much imitate as live Him, by growing through love and in proportion to its degree into His way of think-ing, loving, and desiring, and thus in any circumstances doing what He would do. This is the source, the living, that Vatican II emphasized in its effect of witnessing to Christ. Phil 2:5. 9. The outstanding fact of the consciousness of our Lord was that He was the Son of God. Ours should be a like consciousness of being a daughter or son of the Father, the younger sister or brother of our Lord, and under the guidance of the Holy Spirit. This should be a result of the conviction of the divine adoption. 10. Difference from the lay life is in the means to the end. Mt 5:48; 1 Thes 4:3; Eph 1:4; I Pt 1:4-6; LG, no. 11, 39, 42. 11. The purpose of the essential means, the evangelical counsels, is to con-trol the principal obstacles to the perfect lore'of God. LG, no. 44-6; Letter of the Papal Secretary of State, July 13, 1952, Bouscaren-O'Connor, Canon Law Digest, 4, 96. (a) Chastity. 1 Cor 7:32-8; LG, n. 42; Pius XII, Courtois, The States of Perfection, nn. 505-505a. (b) Poverty. Mt 19:23 ff.; 13:22; Lk 12:34; 12:23. (c) Obedience. Rom 5:!9;.Phil 2:8. 12. Religious life is ecclesial. The religious life is ecclesial because it is part of the function of the Church to promote the intensely universal and total love of Christ, which is what religious are primarily to live, and this is what they are primarily mandated to live by ~he approval of the Church of their institute and its Rule and constitutions; Vatican II places the religious life in the Dogmatic 796 / Review for Religious, Volume 34, 1975/2 Constitution on the Church; canon law makes religious life a distinct class of persons in the Church, with juridical existence and distinctive rights and obligations; the Church in approving the apostolic nature and constitutions of an apostolic religious institute gives its members a mandate to go forth as its apostles; in the religious life should be found primarily the sanctity that is the note or guide to the true Church; the Church interprets authentically the evangelical counsels, regulates their practice, establishes states of perfection, approves Rules and constitutions, and guides and watches over religious in-stitutes that they may remain faithful to the spirit of their founders. LG, nos. 43-5. 13. Necessity of all three evangelical counsels. Leo XIII, Plus XI, Plus XII, Paul VI, Vatican II. Courtois, ibid., nos. 33, 130, 403; Bouscaren- O'Connor, ibid., 6, 427; LG, no. 44. 14. Mass, Eucharist. The Eucharist as the center of the life and day of the religious; counsel of due devotion to the Real Presence. 15. Liturgy. The liturgical spirit should be progressive according to the norms of the Church, markedly interior, adult, restrained rather than distinc-tively emotional, and not prominently characterized by a love of novelty and change. 16. Devotions. The spiritual life of a religious should not be mere devotionalism, but devotions and practices approved by the Church should be neither excluded nor discouraged. 17. Blessed Virgin. The institute and its constitutions should necessarily emphasize the Blessed Virgin Mary in her relation to our Lord~ redemption, the Church, and to the sanctification, community life, and apostolate of the members. 18. Sacred Scripture. The reading and study of Sacred Scripture should be encouraged primarily in relation to and for the spiritual life. 19. Prayer. The broad principles of prayer and its place in the religious life should be given. Liturgical prayer does not exclude personal prayer. There should be a prescription of at least a half hour of daily mental prayer. Lk 5:16; 6:12; 9:18; 11:1. 20. Community life. Its pui, poses are: strength and perseverance to live the religious consecration by living with others of the same consecration; help in the apostolate and professional aspect of life; to enable the religious to develop socially and to have a socially satisfactory life. Anything is to be avoided that would fragment the congregation or that would factually eliminate or lower community life. 21. Apostolate. The mission of the Church must be a continuation of that of our Lord, and that of a religious institute must be to be a part of the aposto-late or mission of the Church. The primary purpose of redemption was the com-munication of divine life, and thus the essential apostolate of a religious in-stitute is that its members be an instrument, even if remote, in the communica-tion, intensification, and retention of divine life. The work should also be such as to help the union of the religious with God. The apostolic works are com- Typical Constitutions / 1117 munity works, not, outside of a rare exception, to be merely an individual work. There should be a special love and dedication to work for the poor, the neglected, the handicapped, the unfortunate, and the disadvantaged. The religious life is not mere natural development nor an apostolate of mere social work and action (GES, no. 42). All secularization of life or work must be avoided. 22. Formation. The broad spiritual, educational, professional, human, and social aspects of formation should be given in this section. 23. Cloister, Silence. In some institutes more contact with seculars should be encouraged than in the past, but cloister should be observed and the house should never lose the atmosphere of a religious house. The members of a com-munity should have the assurance of reasonable privacy. Religious silence is an aid to prayer and to an interior life, not mere politeness. 24. Mortification. The tendency to self and sin within us demands morti-fication. This must always be voluntary but much more passive than active mortification. Not everything in the Christian life is positive but nothing is purely negative. Mortification, renunciation, abnegation have as their purpose an intensification in virtue, which is always lived personally in Christ, and es-pecially in the supernatural virtue of charity. 25. Ecumenical spirit. 26. Religious and the modern world. The relation of religious to the tem-poral world should be included and based on the Constitution on the Church in. the Modern World of Vatican II. 27. The broad principles on at least several of the following should be in this part of the constitutions: suitability of candidates, pre-entrance guidance, postulancy, noviceship, juniorate, religious habit, profession, the sacrament of penance, religious exercises, correspondence, suffrages for the dead, retirement and care of the aged, sick and infirm, government, general and provincial chapters, superior general, other superiors, councilors, treasurers, directresses of postulants, novices, and junior professed, provinces, regions, houses, the Rule, and the constitutions. PART II. LEGAL I. General purpose. The Sisters of. are a pontifical (diocesan) congregation whose general purpose is the response of a personal, close, and particularly total love of our Lord and of all men and women for Him in a supernatural life that is a filial love of the Father, an intimate participation in the divine life, and whose primary and universal norm is the person Christ, un-der the inspiration of the Holy Spirit. It is a life mandated and guided by the Church, and by the charism and spirit of their own congregation. These are supplemented by the laws of the Church and of their own congregation. The sisters profess .the simple vows of chastity, poverty, and obedience, which are an essential means to the attainment and intensification of this love. 2. Special purpose. (For example:) In their special purpose, the sisters, mandated by the Church as its apostles, are essentially to be an instrument of 198 / Review for Religious, Volume 34, 1975/2 God in the communication, preservation, and intensification of the same divine life in others. This they do through their life and work as Christian educators and nurses in hospitals. 3. Authorization necessary for a change in the special purpose or in the particular works. Without the permission of the Holy See the special purpose may not be changed, nor may works not included in it be added in a general and permanent manner. 4. Change in the habit. No permanent, substantial, or general change in the form or color of the habit may be made without the permission of the Holy See. 5. Right to admit to the postulancy. The right to admit an applicant to the postulancy belongs to the superior general (provincial congregation: higher superior), who has also the right to dismiss her if she is judged unfit for the life of the congregation. A postulant has full liberty to leave the congregation. 6. Right to admit to the noviceship. The right to admit to the noviceship appertains to the superior general (higher superior) with the consent of her council. 7. Duration of the noviceship. The duration of the noviceship is two years. The added year is not required for the validity of profession, and the superior general with the advice of her council may dispense from it wholly or in part. 8. Dismissal of a novice. For any just reason a novice may be dismissed by the superior general (provincial congregation frequently: higher or provincial superior) with the advice of her council. 9. Prolongation of the noviceship. If the st~itability of a novice is doubtful, the superior general (provincial congregation frequently: higher superior) with the advice of her council may prolong the time of her noviceship but not beyond six months. 10. Religious profession. Upon completion of the noviceship and in the novitiate house, the novice shall make profession of simple vows or other com-mitment for three (two) years. At the end of this period the sister shall renew her vows for two (three) years. The superior general (provincial congregation: provincial or higher superior) may prolong the prescribed period of temporary profession but not beyond a year, in which case the sister must renew her tem-porary profession. OR: . . . the novice shall make profession of simple vows for one year. This profession is to be renewed annually until five full years of temporary vows are completed. The superior general . . . OR:. Upon the completion of the noviceship and in the novitiate house, the novice shall make profession of simple vows for three years or until the com-pletion of her twenty-first year, if a longer time is necessary to attain the age prescribed for perpetual profession. The superior general., may prolong the prescribed time of temporary profession, but not beyond a second term of three years, in which case the sister must renew her temporary profession. The right to admit to first profession, renewal and prolongation of tem-porary vows, and perpetual profession appertains to the superior general with Typical Constitutions / 199 the vote of her council. This vote shall be deliberative for the first temporary profession but only consultative for the renewal and prolongation of temporary vows and perpetual profession. (Provincial congregation:) The right to admit to first profession, prolonga-tion of temporary vows, and perpetual profession appertains to the superior general with the vote of her council. This vote shall be deliberative for the first temporary profession but only consultative for prolongation of temporary vows and perpetual profession. The provincial superior presents the requests for admission to the superior general, with the deliberative vote of her council for first profession and the consultative vote for prolongation of temporary vows and for perpetual profession. The right to admit to renewals of temporary vows appertains to ttie provincial superior w~th the consultative vote of her council. 11. For the validity of any profession, the following is necessary in addition to the other requisites stated in canons 572-3: that the profession be received by the superior general or a sister delegated by her. (Provincial, regional, and) Local superiors and their legitimate substitutes are delegated by the con-stitutions to receive all professions in their (provinces, regions, and) houses and with power also to subdelegate. The added period of two years is not necessary for the validity of the perpetual profession, and the superior general with the advice of her council may dispense from it wholly or in part. 12. The following is the formula of profession: 13. Obedience. The sisters are bound to obey by reason of the vow only when lawful superiors command expressly in virtue of holy obedience or in equivalent words. 14. Superiors shall rarely, prudently, and cautiously command in virtue of holy obedience and only for a grave reason. It is expedient that a formal precept be given in writing or at least in the presence of two witnesses. 15. Local superiors, especially of small houses, shall not give commands in virtue of holy obedience except in grave and urgent cases, and they should then immediately notify the superior general (provincial congregation: provincial superior). 16. The sisters are obliged by the virtue of obedience to fulfill the prescrip-tions of the constitutions, statutes, and other orders of superiors. 17. Supreme authority. Supreme internal authority is exercised ordinarily by the superior general assisted by her council and extraordinarily by the legitimately assembled general chapter. 18. Authority of the superior general. A serious reason and the deliberative vote of her council are required for the superior general (a higher or regional superior) to transfer or remove a superior or official before the expiration of a prescribed term of office. Unless otherwise specified, officials may be reap-pointed indefinitely. With the consent of her council, the superior general may prolong the term of office of (provincial, regional, and) local superiors when this is necessary. 200 / Review for Religious, l/olurne 34, 1975/2 19. The superior general has the right to transfer the sisters from one house to another and to assign their duties. 20. Provincial congregation. The congregation is divided into provinces. The original establishment and the total suppression of all existing provinces are reserved to the Holy See. All other establishment, modification, and sup-pression of provinces appertain to the superior general with the consent of her council and to the general chapter. Transfer to another province. Only the superior general with the advice of her council and ordinarily after consulting the interested, provincials may per-manently transfer a sister from one province to another. 21. The superior general shall prudently direct and supervise the ad-ministration of the temporal goods of the congregation and of each (province, region, and) house in accordance with the prescriptions of canon law, the con-stitutions, and statutes. 22. The superior general may not appoint a vicar and delegate powers to her nor may she grant a sister active or passive voice or deprive her of it. 23. If it should ever seem necessary to remove the superior general from of-rice, the general council must submit the matter to the Sacred Congregation for Religious and Secular Institutes (diocesan: the ordinary of the residence of the superior general). If the superior general thinks it her duty to resign her of-fice outside the time of the sessions of any general chapter, she shall in writing make known her reasons to the same Congregation (diocesan: same ordinary). During the time of any general chapter, even if only of affairs, the superior general shall present her resignation and reasons to the chapter, which is com-petent to accept it, elect her successor and also other elective general officials. 24. Canonical visitation. The superior general shall make the visitation of the entire congregation at least every three years (at least once during her term of office). She shall see that the houses immediately subject to her are visited every year. The provincial superior shall make the visitation of all the houses of her province once a year, and the same frequency of visitation of a region shall be observed by the regional superior. Both may omit this visitation in the year of the visitation by the superior general. Should the higher or regional superior be lawfully prevented from making the visitation, another sister is to be delegated for this purpose. 25. The superior general may designate a visitor for an individual (province or) house or for a particular matter; (the provincial and regional superiors m~.y do the same for an indi~,idual house or a particular matter;) but to appoint a visitor for the entire congregation (in the case of a provincial or regional superior, for the ei~tire province or region), the consent of the perti-nent council must be obtained. The visitor must be a sister of perpetual vows. 26. The purpose of the visitation is to strengthen union and charity, to in-quire into the government and administration of the (province, region, and) house as also into the fulfillment of the obligations of the religious life; to cor-rect prevalent abuses, and to give occasion to each sister to speak freely on matters that concern her personal welfare or the general good. The (Provincial, Typical Constitutions / 201 regional, and) local superiors retain the usual exercise of their office during the visitation. 27. Councilors. The general council is composed of the four general coun-cilors. The superior general, although she presides and votes in the council, is not a member of the general council. She places all acts in her own name, even in matters that require the consent or advice of the council, since she alone possesses the authority to govern the congregation. 28. Although the superior general has the right of acting completely un-assisted except in matters reserved to higher authorities or that by law demand the consent or advice of the general council, yet she is earnestly counseled to seek the advice of her council also in other important matters. 29. The duty of the councilors is to give advice and assistance to the superior general in matters of government and administration, to cast a deliberative or consultative vote according to canon law, the constitutions and statutes, and to propose whatever they think is to the best interest of the con-gregation. 30. The councilors are bound to secrecy concerning all matters discussed in the sessions, as well as those confided to them by reason of their office. If a councilor violates this secrecy, she shall be admonished by the superior general. If she repeatedly violates it, she shall be corrected according to the gravity of her fault. 31. If a general councilor or elected general official dies, resigns, becomes incapable of fulfilling her duties regularly, or is deposed, the superior general with the consent of her council shall replace her by a sister having the requisite qualities, who shall hold office until the next general chapter. No general coun-cilor or official may resign her office or be removed except for a serious reason, accepted as such by the superior general with the consent of her council. 32. The assistant and vicar takes the place of the superior general when the latter is absent or when for any reason whatever is unable to exercise her office. 33. Although the superior general alone has the right to convoke the general council, when she is ill, absent, or otherwise impeded, the assistant con-venes and presides over the council. 34. When acting in her representative capacity, the assistant shall issue only such directions as are required for ordinary government and cannot be deferred; and then as far as possible she shall act according to the presumed will of the superior general. 35. At the death, resignation, or legitimate ~emovai from office of the superior general, the vicar shall assume the government of the congregation with full power and equal rights. She shall continue in this office until the elec-tion of the superior general at the next chapter, to be convoked according to art. 67. 36. In the absence or disability of the assistant, the councilor next in precedence and so on in succession shall act as the representative of the superior general. 37. Administration of temporal goods. Not only the congregation but also 202 / Review for Religious, I/olume 34, 1975/2 each (province and) house is capable of acquiring, possessing, and ad-ministering temporal property. 38. Provincialsuperior. Each province is governed by a provincial superior who like the superior general is a higher superior. The provincial superior is ap-pointed by the superior general with the consent of her council for a term of three years. She may be reappointed for a second but not for a third immediate term in the same province. She continues to govern the province until the arrival of her successor. 39. The primary duty of the provincial superior is to govern the whole province so as to promote the common and individual good. She must be an example of religious life, distinguished for her virtue and practical judgment, devoted to the interests of the sisters, loyal to the supreme authority in the con-gregation, and obedient to ecclesiastical directives. She is to be thoroughly convinced that on her administration depends the well-being of the province. 40. The provincial superior has the right: (a) To govern the whole.province in accordance with the constitutions and statutes, with the exception of matters reserved to higher authorities; (b) To give commands and make regulations in conformity with the con-stitutions and statutes; (c) To admit candidates to the postulancy; (d) To grant the sisters the necessary permissions for studies, travel, visits, and similar matters according to the established regulations; (e) To encourage and initiate good works. 41. It is the duty of the provincial superior: (a) To exercise supervision over the observance of the constitutions, statutes, and all obligations of the religious life; (b) To make the visitation of the houses in conformity with art. 24 and to submit a report of her visitation to the superior general; (c) To advise and direct local superiors in their activities; (d) To present, with her recommendations, matters submitted by local superiors that require recourse to the superior general; (e) To examine the financial statements of the houses and to make the financial reports of the province; (f) To examine the annual personnel and disciplinary reports of the local superiors and forward copies of these, along with her own report, to the superior general. 42. In extraordinary and difficult matters, the provincial superior should consult the superior general. If the urgency of the case makes this impossible, she should later inform the superior general of the matter. 43. The four (two) provincial councilors constitute the provincial council in the same way as was stated for the general council. One of the councilors shall be designated as assistant and vicar and shall take the place of the provincial superior when the latter is absent or otherwise impeded from fulfilling the duties of her offices, unless the superior general with the consent of her council has appointed another sister as acting provincial. In the event of the death or Typical Constitutions / 203 removal from office of the provincial superior, the vicar shall assume with full powers and equal rights the government of the province until the newly ap-pointed provincial assumes office or until the arrival of an acting provincial ap-pointed in the same way by the superior general. In other respects the assistant shall observe the norms established in art. 32-6. The provincial councilors, secretary, and treasurer are appointed on the recommendation of the provincial superior by the superior general with the consent of her council; they must be at least thirty years of age and of perpetual vows. The provincial secretary and treasurer may be councilors but not the provincial assistant. 44. The norms of statutes nos. 60-87 apply with due distinctions to the provincial council and councilors and the provincial secretary and treasurer. 45. Regions. Because of their distance from the motherhouse or other proportionate reasons, houses that cannot as yet be united into a province may be grouped into regions, which are not distinct moral persons. The establish-ment, change, and suppression of regions appertain to the superior general with the consent of her council. 46. Regions are governed by regional superiors who in almost all respects have the rights and duties of provincials. Their authority is delegated by the superior general but, unless an express restriction is made or is to be un-derstood from the nature of the matter, this delegation contains all the authority possessed by provincials. The regional superiors are consequently to be guided in general by the articles of the constitutions and statutes on provinces, the provincial superior, and the provincial officials. 47. By the law of the constitutions and for her lawful appointment as regional superior, a sister must possess the qualities required by common law for provincials. The articles of the constitutions on the manner of appointment, term of office, reappointment, removal from office, and relation of the provin-cial superior to the superior general all apply also to the regional superior. 48. The regional superior is assisted by two councilors and, if it seems necessary or opportune, by a secretary and treasurer, all appointed by the superior general with the consent of her council. These sisters must be professed of perpetual vows. One of the councilors shall be designated as regional assistant and vicar. With due distinctions, nos, 60-87 of the statutes, and art. 43 above apply to the regional council, councilors, and the regional secretary and treasurer. 49. Houses. For the erection of a house, the superior general must have the consent of her council and the written consent of the local ordinary. The con-sent of both is also necessary for the suppression of a house,, which likewise appertains to the superior general. (~Diocesan:) For the erection of a house, the superior general must have the consent of her council and the written consent of the local ordinary. The suppression of a house appertains to the local or-dinary after having consulted the superior general. The latter must have the consent of her council for requesting or agreeing to a suppression. 50. Local superiors. Every house, including the motherhouse, shall be 204 / Review for Religious, Volume 34, 1975/2 governed by a local superior, who is appointed by the superior general with the consent of her council for a term of three years. She may be appointed for a second but not immediately for a third term in the same house. The local superior must have completed her thirtieth year and be professed of perpetual vows. She continues to govern the house until the arrival of her successor. 51. The local superior possesses the authority that canon law, the con-stitutions, and the statutes assign to her and has the right to govern the house in all matters not reserved to higher authorities. 52. The superior shall devote herself with generosity and perseverance to the education and formation of the younger sisters, particularly those of tem-porary vows. 53. Directress of novices. The formation of the novices is entrusted to the directress of novices who must be professed of perpetual vows and at least thirty years of age. 54. Obligation, change, and interpretation of the constitutions and statutes. The (Rule), con~stitutions and statutes do not of themselves bind under sin but only under the penalty imposed for their infraction, unless the violation concerns the vows, or divine or ecclesiastical laws, arises from a sinful motive, or gives scandal. 55. Superiors are bound to admonish the sisters and to impose penances for violations of the constitutions and statute's. The sisters are obliged to accept the corrections and to perform the penances. 56. The superior general may interpret authentically also the statutes and the ordinances of the general chapter, but the Holy See alone can authentically interpret and change the constitutions. In a doubt about some particular point, the general chapter, as also the superior general with the advice of her council, may give a practical interpretation of the matter and the sisters are obliged to follow this interpretation. (Diocesan:) The superior general may interpret authentically also the statutes and the ordinances of the general chapter, but the constitutions may be neither authentically interpreted nor changed without the unanimous consent of the ordinaries of the dioceses in Which the congrega-tion has houses. In a doubt . . . 57. Changes in the constitutions may not be made without serious reasons. Any change must be first discussed in the general chapter, and if it obtains at least two-thirds of the votes, it shall be submitted to the Holy See (diocesan: local ordinaries) for a decision. 58. A complete copy of the constitutions shall be given to every sister at the beginning of the noviceship that she may study and earnestly strive to observe them. 59. Dispensation. No superior of the congregation, without an express con-cession from competent authority, may dispense from the laws of the Church or the decrees of the Holy See. 60. For a determined time and a proportionate reason, the superior general may dispense individual sisters, a house, province, region, or the entire con-gregation from a merely disciplinary article also of the constitutions. A provin- Typical Constitutions / 205 cial and a regional superior have the same power for their sisters, houses, province, or region, and a local superior for her sisters and house. The direc-tress of novices has the same power as a local superior but only with regard to the novices and the novitiate. 61. All superiors may dispense themselves in those matters in which they may lawfully dispense others. GENERAL CHAPTER 1. Convocation and members 62. The general chapter must be convoked as often as general elections are necessary. The ordinary convocation takes place every sixth (fifth, fourth) year at the expiration of the term of office of the superior general and on her death, resignation, or deposition. 63. (Pontifical:) To convoke the chapter for any reason other than those specified above, the permission of the Holy See is required in addition to the consent of the general council. (Diocesan:) To convoke the chapter for any reason other than those specified above, the superior general must have the consent of her council. 64. The chapter must be convoked by the superior general at least six (three, a year) months before the day fixed for its assembly. In the letter of convocation, the date and place of the chapter shall be designated, and the prayers to be said for the success of the chapter shall be prescribed. The place of the chapter shall be determined by the superior general with the consent of her council. 65. Before the convocation, the superior general must inform the ordinary of the diocese in which the chapter will convene of the date of the election of the superior general, that he may preside either personally or by delegate at this election. 66. The meeting of the chapter may be anticipated or deferred for an im-portant reason, but not more than three (six) months in either case. 67. In the event of the death, resignation, or deposition of the superior general, the chapter must be convoked by the vicar as soon as possible, so that the assembly of the chapter will not be postporied more than six (three, a year) months after the vacancy of the office. 68. The members of the chapter are: (a) (b) (c) (d) (e) (f) (g) -- or (g) The superior general The four general councilors The secretary general The treasurer general Former superiors general The provincial superiors delegates elected by each province The regional superiors 206 / Review for Religious, Volume 34, 1975/2 The delegates elected by (the regions and) the sisters according to art. or (g) Forty (or other number) delegates elected by the sisters. 69. The superior general and elective general officials continue as members of the assembled chapter even though at the elections other sisters have succeeded them in office. 70. The superior general with the consent of her council may summon other sisters to assist in the clerical and similar work of the chapter. She may in the same manner invite such sisters and externs to present and discuss questions with the chapter. None of these are permitted to vote. 71. The chapter elects the superior general, general councilors, secretary general, treasurer general, and treats of the more important affairs that con-cern the entire congregation. 2. General norms to be observed in elections 72. The tellers elected for the general chapter must take an oath to perform their duty faithfully and to keep secret the proceedings of the chapter even after the elections are completed. All the capitulars are likewise bound to secrecy: The places of the tellers and secretary shall be near the president. 73. The tellers are to take care that the ballots are cast by each elector secretly, individually, and in order of precedence. The secretary draws up ac-curately the proceedings of the chapter, which shall be signed by the president, the tellers, and the secretary herself. These are to be preserved in the archives of the congregation. 74. Two-thirds of the capitulars must be present for the validity of the acts of the general (and provincial) chapter, but all must be convoked. 75. Even though a sister may have the right to vote in her own name under several titles, she may nevertheless cast but one vote. 76. The capitulars must be present in person at the election. No one may validly vote by letter or by proxy, lfa capitular in the house where the election is being held cannot be present at the election because of illness, her written vote sh"all be collected by the tellers in a sealed envelope. 77. If a capitular believes that she cannot attend the general (or provincial) chapter on account of sickness or for some other serious reason, she is to in-form the superior general (or provincial superior), who shall decide with the consent of her council whether the capitular should be excused and her sub-stitute summoned. 78. All the sisters, whether capitulars or not, are forbidden to procure votes directly or indirectly for themselves or others. Prudent consultation regarding the qualities of those eligible is permitted within the bounds of justice and charity. 79. Each of the electors shall write on her ballot the name of the sister for whom she votes, fold the ballot, and drop it in the ballot box placed before the president. 80. When all the ballots have been cast, the tellers shall first count the Typical Constitutions / 207 folded ballots in the presence of the president and the electors to ascertain whether the number of ballots corresponds to the number of electors. If the number of ballots exceeds the number of electors, the balloting is null and void. Otherwise they shall proceed to the inspection of the ballots. 81. The ballots are then opened and examined. They are read first by the senior teller, who in an audible voice shall make known the name on each ballot, then by the president and lastly by the junior teller. The votes must be recorded by the secretary. At the end of each balloting, the president must an-nounce the names of all sisters voted for and the number of votes given to each. 82. No sister may validly vote for herself. A vote is also null and void: (a) If given by one who is incapable of a human act or has by law been deprived of active voice; (b) If it is not given freely. Consequently a vote is invalid if an elector is forced directly or indirectly by grave fear or fraud to elect a specified sister or one or the other among several specified sisters; (c) If it is not secret, certain, absolute, and determined; (d) If it is blank or for an ineligible person. 83. Even if one or more votes are null and void, the election is valid provided the one elected received the number of valid votes required by the constitutions. 84. Unless otherwise prescribed for a particular election, all elections shall be decided by an absolute majority of secret votes, that is, a number which ex-ceeds half the number of valid votes cast; but if after two ballotings no one has received an absolute majority, a third and last balloting will be held, in which a relative majority decides. In an equality of votes among several candidates in this third balloting, the senior by first profession is elected; if the sisters made their first profession on the same day, the senior~by age is elected. This same norm shall resolve an equality of votes on the only, limiting, or decisive balloting of any election. 85. After the required number of votes has been obtained, the president shall declare the election legitimately made and announce the name of the sister elected. This proclamation of the newly elected superior general ter-minates the duties of the presiding local ordinary. 86. All sisters are obliged to accept any office to which they have been elected. 87. The ballots must be burned by the tellers after each session. 88. Ira sister elected as superior general or general official is not present at the chapter, she is to be summoned immediately; but the sessions of the chapter are suspended only in the former case. 89. The office of the superior general and of the elected general officials always terminates at the election of their successors. 3. Election of delegates 90. All sisters, including those of temporary vows or other commitment, have active voice in the election of delegates to the general (provincial) chapter. 208 / Review for Religious, l/olurne 34, 1975/2 Only sisters of perpetual vows, unless members of the chapter in virtue of any office, have passive voice. OR: Only sisters of perpetual vows have active and, unless members of the chapter in virtue of any office, also passive voice in the election of delegates to the general (provincial) chapter. 91. The superior general (provincial) shall publish a list accessible to all the electors, compiled with the consent of her council, of all the sisters of passive voice. 92. In each house on the day determined in the letter of convocation, the electors shall assemble under the direction of their local superior. Each shall elect by secret ballot forty (or other number) sisters. 93. The local superior shall collect all the ballots without inspecting them and enclose them with her own ballot in an envelope, which she shall seal in the presence of the electors. She shall write on this inner envelope, "Election of Delegates, house N . " and forward it immediately to the superior general (provincial). 94. As soon as possible after all the envelopes have been received, the superior general (provincial) and her council shall open the envelopes and count the votes of this first balloting. The secretary general (provincial) shall record the votes. All sisters who received an absolute majority are elected. A report of the first balloting containing a declaration of those elected, the number remaining to be elected in the second balloting, and a list of the sisters voted for and the number of votes each received will be published to all the houses as soon as possible. 95. A second voting with the same procedure will be held in all the houses on the day appointed by the superior general (provincial). A relative majority is decisive in this second balloting. The substitutes are in order the sisters who received the next highest number of votes after those elected in the second balloting. The superior general (provincial) shall immediately inform the con-gregation (province) of the complete results. OR: ,90. As 90 above. 91. The superior general (provincial) shall publish a list accessible to all the electors, compiled with the consent of her council, of all the sisters of passive voice divided into three groups as equal as possible in number according to precedence from first profession. 92. In each house on the day determined in the letter of convocation, the electors shall assemble under the direction of their local superior. Each shall elect by secret vote ten sisters from each group and a fourth ten from any or all groups and in any proportion. 93. As 93 above. 94. As soon as possible after all the envelopes have been received, the superior general (provincial) and her council shall open the envelopes and count the votes of this first balloting. The secretary general (provincial) shall record the votes. All sisters who received an absolute majority are elected. A Typical Constitutions / 209 report of the first balloting containing a declaration of those elected, the number remaining to be elected from each group in the second balloting, and a list of the sisters voted for and the number of votes each received will be published to all the houses as soon as possible. 95. A second voting with the same procedure will be held in all the houses on the day appointed by the superior general (provincial). A relative majority is decisive in this second balloting. The substitutes are in order the sisters of each group who received the next highest number of votes in the second balloting after those elected. The superior general (provincial) shall im-mediately inform the congregation (province) of the complete results. 96. (Provincial congregation) Houses immediately subject to the superior general elect two delegates, superiors or subjects, of perpetual vows who are - not members of the chapter in virtue of any office, to the general chapter. The voting is carried out and the votes forwarded to the superior general according to the norms of art. 92-5. 4. Provincial chapter a. Convocation and members 97. The provincial chapter is to be convened as often as a general chapter is to be held .and at least three (six, a year) months before the date of the assembly of the latter. The provincial superior is the president of the chapter, and its principal purpose is to elect the delegates to the general chapter. The provincial shall convoke the provincial chapter at a date sufficient for the proper prechapter preparation for both the provincial and general chapters. 98. The members of the chapter are: (a) The provincial superior (b) The four (two) provincial councilors (c) The provincial secretary (d) The provincial treasurer (e) The delegates as described in nn. 90-5 b. Sessions 99. The chapter shall immediately elect from among the capitulars by a relative majority of secret votes the two tellers and in the same way, in a dis-tinct balloting, the secretary of the chapter. The tellers for these elections shall be the two junior capitulars by first profession, and the secretary shall be the provincial secretary. 100. The chapter shall then elect by separate and secret ballotings and ac-cording to the norm of art. 84 two (three, four or more) delegates and two (three, four or more) substitutes to the general chapter. These must be sisters of perpetual vows. , 101. After these elections, the chapter shall deliberate on matters that con-cern the spiritual and temporal welfare of the province. The same procedure shall be followed in deliberations as in the general chapter. 210 / Review for Religious, l/olume 34, 1975/2 102. Enactments of the provincial chapter have no force until they are ap-proved by the superior general with the consent of her council. They are then promulgated to the province by the provincial superior. 103. The chapter shall finally deliberate on the proposals to be made to the general chapter by the province. 104. The secretary shall draw up the complete proceedings of the chapter according to the norm of art. 73. One copy is to be sent immediately to the superior general, and a second copy is to be preserved in the archives of the province. The provincial superior shall immediately publish the elections to the province. 5. Preliminary sessions 105. The chapter immediately elects from among the capitulars by a relative majority of secret votes the two tellers and in the same way, in a dis-tinct balloting, the secretary 9f the chapter. The tellers for this preliminary election shall be the two capitulars youngest by first profession, and the secretary general shall be the secretary. 106. The chapter shall then elect by a relative majority of secret votes and on one ballot a committee of three capitulars who had no part in preparing or approving the reports of the superior general. This committee is to examine the reports thoroughly and give its observations to the chapter before the election of the superior general. 107. The superior general presents to the chapter two distinct and com-plete reports: one of the persons, religious life, and works; the other on the material and financial condition of the congregation since the last chapter. The financial report must have been prepared and also signed by the treasurer general. Copies of the reports should be distributed to the capitulars before the opening session. 6. Election of the superior general 108. The day before the election of the superior general shall be spent in retreat by the capitulars, and permission shall be requested for exposition of the Blessed Sacrament. 109. On the day of the election of the superior general, Mass shall be offered in the house where the chapter is held to invoke the blessing of God on the work of the chapter. If the rubrics permit, the Mass shall be the votive Mass of the Holy Spirit. 110. To be elected validly to the office of superior general, a sister must be professed of perpetual vows and have completed her thirty-fifth year. 111. The superior general is elected for six (five, four) years. She may be elected for a second but not for a third consecutive term, o i 12. The superior general is elected by an absolute majority of secret votes. If three ballotings fail to produce this majority, a fourth and last balloting shall be held. In this balloting the electors shall vote for one of the two sisters who Typical Constitutions / 211 had the highest number of votes in the third balloting, but these two sisters themselves shall not vote. If more than two would be eligible by reason of an equality of votes in the third balloting, the norm of art. 84 shall limit the can-didates to two. Of these two the sister who receives the greater number of votes in the fourth balloting is elected. (Diocesan congregation of women:) The local ordinary has full power to confirm or rescind the election of the superior general according to his conscience. 113. The president shall proclaim the newly elected superior general. This act terminates the duties of the presiding local ordinary. 7. Election of the general officials 114. After the election of the superior general and after she has taken the oath according to art. 72, the chapter under her presidency shall elect the four general councilors, the secretary general, and the treasurer general. These elec-tions are made by separate ballotings and according to the norm of art. 84. Immediately after the election of the four councilors, a distinct election for the assistant and vicar shall be held from among the four elected councilors. Or: The first councilor elected shall also be the assistant and vicar. 115. To be elected a general councilor or official a sister must have com-pleted her thirtieth year and have made perpetual profession. Any one of the councilors except the assistant may be elected as secretary general or treasurer general. These two officials should possess the special competence required for their offices. The superior general .may appoint one or more assistant secretaries and treasurers. (Appointment articles) The secretary general and the treasurer general are not elected by the chapter but appointed (for a term of three years) by the superior general with the consent of her council. Both may be general coun-cilors but neither may be the general assistant. Both should possess the specialized competence required for their offices. The superior general may ap-point one or more assistant secretaries and treasurers. The secretary general is not elected by the chapter but appointed (for a term of three years) by the superior general with the consent of her council. She may be a general councilor but not the general assistant. She should possess the specialized competence required for her office. The superior general may appoint one or more assistant secretaries and treasurers. 8. Chapter of affairs 116. After the elections the chapter shall treat of the more important af-fairs that concern the entire congregation. The enactments of the chapter may not be contrary to common law. or the constitutions. 117. Matters are decided by an absolute majority. I f the votes are equal, the presiding superior general has the right of deciding the matter. The voting is public. Any capitular has the right of requesting a secret vote on a particular matter. Such a request shall be put to the public vote of the chapter, lfthe ma- 212 / Review for Religious, Volume 34, 1975/2 jority favors the request, the voting on the particular matter shall be secret. Or: Matters are decided by an absolute majority of secret votes. If the votes are equal, the presiding superior general has the right of deciding the matter. 118. (The provincial chapters and) All professed sisters may submit written proposals to the general chapter. These must be forwarded to the superior general or her delegate at the prescribed time before the opening of the chapter. The capitulars retain the right of making proposals thereafter and during the sessions up to the definite time determined by the chapter, after which no proposals may be submitted. l l9. At a suitable time before the general chapter determined by the superior general, committees of three or more capitulars, appointed by the superior general with the consent of her council, shall arrange the proposals and prepare a report on each distinct proposal. These reports are to be com-pleted before the chapter opens. Every effort is to be made to have these com-mittees composed predominantly at least of capitulars. The superior general may permit that some or all of the committee members be elected by the secret vote of professed sisters or that they propose names for appointment. 120. The chapter is not obliged to deliberate on every matter proposed. It may simply exclude anything that appears useless or inopportune, or it may remit a matter to the study and decision of the superior general and her council after the close of the chapter. 121. The principal affairs are: (a) Suitable means of perfecting or restoring the living of the religious life (b) Proposals submitted to the chapter (c) Determination of the contribution that each house must make to the general treasury Or: Determination of the contribution that each house must make to the provincial treasury, and each province to the general treasury (d) Extraordinary expenditures which the superior general (provincial, regional), and local superiors may authorize or make alone, those that demand the advice or consent of their councils, and those for which local superiors must recur to the (provincial, regional superiors and either of these to the) superior general (e) Norms to be observed in addition to the prescriptions of the sacred canons in alienations, purchases, the assuming of obligations, and other matters of a financial nature (f) Determination of the dowry (g) Confirmation, modification, or abrogation of ordinances of previous general chapters (h) (In provincial congregations) Establishment of new provinces or the suppression of existing ones, the uniting of provinces, or the modification of their boundaries (i) Determination of more important matters for which the advice or con-sent of the general (provincial, regional) or local councils is necessary. 122. The enactments of the chapter remain in force permanently unless Typical Constitutions / 213 amended or abrogated by subsequent chapters. Or: The enactments of the chapter remain in force until the next chapter, in which they may be confirmed, modified, or abrogated. 123. The chapter may not be protracted beyond a reasonable length of time. The superior general shall publish the elections, ordinances, and other acts which the capitulars have determined should be published. STATUTES I. Classes in institute; rights and obligations. The members form one class of sisters subjec( to the one superior general and living under the same common norms. 2. Precedence. The following is the order of prec.edence in highly official and ceremonial matters (see full list in Review for Religious, 25 [1966], 365-8): 3. Titles. The superior general shall be called. The title of. shall be given to. The title of all other religious is Sister. The superior general alone at the expiration of her term of office shall retain the title of. and have the precedence stated in art. 2. 4. Religious habit. (For example:) The habit is of suitable black materi-al. 5. The veil of the professed sisters is of black material and light in weight. 6. The professed sisters wear a silver ring on the third finger of the left hand . . . 7. The sisters are permitted to wear white habits, veils, and cinctures while occupied in duties or in a climate that necessitates or counsels this dress. 8. Dowry. Postulants shall bring the dowry determined by the general chapter. The chapter may grant delegation in this matter to the superior general and her council. 9. The superior general (provincial congregation: higher superior) with the consent of her council may remit wholly or in part the dowry of a candidate who lacks financial means. 10. A postulant dispensed from the dowry is obliged to establishone later if she receives any substantial gift or bequest. 11. After the first profession of a sister, the superior general (provincial congregation usually: provincial superior) with the consent of her council and that of the local ordinary must invest the dowry in safe, lawful, and profitable securities. ! 2. The dowries must be prudently and justly administered at the habitual residence of the superior general (provincial congregation usually: provincial superior). 13. Material entrance requirements. The superior general (provincial con-gregation: provincial or higher superior) with the consent (or advice, or no vote required) of her council shall determine the wardrobe and the sum to be paid for the expenses of the postulancy and noviceship. In particular cases and for just reasons, the superior general (provincial congregation: higher or provincial superior) has the right to dispense wholly or in part from this requirement. 214 / Review for Religious, l/olume 34, 1975/2 14. A record shall be kept in a special register of all the property that the candidate brings with her to the postulancy, signed by the candidate and two sisters as witnesses. 15. The candidates, upon their admission to the postulancy, must sign a civilly valid document in which they declare that they will not seek compensa-tion for services given to the congregation before or after profession, whether they leave or are dismissed. This document is to be renewed at the time of perpetual profession. 16. Testimonials for admission. Before being admitted candidates must present these credentials: (a) Certificates of baptism and confirmation (b) A testimonial of good moral character from their pastor or another priest, unless the aspirant is already well known to the superior general (higher superior) (c) Certificates of good health, both physical and mental, from reliable professional sources (d) Other testimonials that the superior general (higher superior) may con-sider necessary or opportune. 17. Postulancy. The time prescribed for the postulancy is a year. For a just reason and with the advice of her council, the superior general (higher superior) may prolong or shorten this time but not beyond six months. 18. Every three months the directress shall give to the superior general (higher superior) and her council a report of the postulant's virtues, defects, and aptitude for the life of the congregation. 19. About three months before the beginning of the noviceship, the postulant shall in writing petition the superior general (higher superior) for ad-mission to the noviceship. 20. Before beginning the noviceship, the postulant shall make a retreat of. entire days. 21. Noviceship. As soon as possible, each province shall have its own novitiate. 22. The noviceship begins in the manner determined by the superior general (provincial congregation: higher superior) The added year ends on the second anniversary of the inception of the noviceship, and on this day the temporary profession (or other commitment) may be licitly pronounced. 23. Three months before the end of the noviceship, the novices shall in writing request admission to the profession (or other commitment) from the superior general (provincial congregation frequently: provincial superior). 24. The novice shall be informed of her admission to vows so that in due time she may relinquish the administration of her property, dispose of its use and usufruct, and make a will, as prescribed in common law. 25. Before pronouncing her vows (or other commitment), the novice shall make a spiritual retreat of. entire days. 26. Profession of a novice in danger of death. Even though she has not com-pleted the time of her noviceship, a novice in danger of death may, for the con- Typical Constitutions / 215 solation of her soul, be admitted to profession by any superior, the directress of novices, or their delegates. The ordinary formula of profession is to be used if the condition of the novice permits, but without any determination of time. 27. By this profession the novice is granted a plenary indulgence in the form of a jubilee; the profession, however, has no canonical effect. If the novice should recover her health, her state will be the same as if she had made no profession. Therefore, if she perseveres, she must complete the full time of the noviceship and on its completion make a new profession, All of these prescrip-tions apply to other forms of commitment. 28. Religious profession. The written declaration of profession, whether temporary or perpetual, must be signed by the professed sister, the superior general or sister delegate who received the profession, and two other sisters as witnesses. This document shall be carefully preserved in the files of the con-gregation. 29. Three months before the expiration of each temporary profession, the sisters shall present a written petition to the superior general (provincial con-gregation frequently: provincial superior) to be admitted to the renewal of tem-porary vows or to perpetual profession. 30. When the time for which the vows were pronounced has expired, they must be renewed without delay. However, for a just reason, the superior general (provincial congregation frequently: higher or provincial superior) may permit the renewal of temporary vows to be anticipated, but not by more than a month. An anticipated renewal expires only on the day on which a non-anticipated renewal would have expired. Higher superiors.for a just cause may permit first profession or commitment to be anticipated but not beyond fifteen days. 3 I. Before perpetual profession, the sisters shall make a retreat of. entire days, and before renewal of temporary vows or commitment, a retreat of. day(s). Only the first profession must be made in the novitiate house. 32. Poverty. With the permission of the local superior, sisters may perform acts of proprietorship required by civil law. If such an act includes alienation of property or concerns an important matter, this permission is reserved to the superior general (provincial congregation: higher superiors) unless the case is urgent, when it may be given by the local superior. 33. Penance. All superiors are to strive to have confessors readily available before Communion. 34. Religious exercises. The sisters shall daily recite in common Lauds (and) Vespers (and) Compline of the Divine Office. 35. Every day the sisters shall spend a half hour in mental prayer. They shall individually prepare the matter of the prayer beforehand. 36. They shall make the particular and gen'eral examen of conscience at noon and at nigl~t. Privately and at a convenient time during the day, they shall recite five decades of the rosary and devote at least fifteen minutes to spiritual reading. 216 / Review for Religious, IZolume 34, 1975/2 37. The sisters shall accustom themselves to visit the Blessed Sacrament frequently. 38. Annually the sisters shall make a retreat of. full days. They shall observe a day of monthly recollection, which ordinarily is to be the o. Sunday of the month. 39. The sisters shall make a public devotional renewal of their vows and commitment on . . . They should renew their vows frequently in private, par-ticularly at Mass, and on the day of monthly recollection. The formula of this renewal is . 40. Superiors shall grant another suitable time to sisters who are prevented from performing the prescribed spiritual duties at the ordinary time. 41. Mortification and penance. In the practice of corporal mortification and penances of a private nature, the sisters are to be guided solely by the con-fessor; for those that are public they must have the permission of the superior. 42. Enclosure. The parts of the house subject to enclosure are the dor-mitories of the sisters, their cells, the infirmary, in a word, all places destined by the superior general (provincial congregation: higher superior) for the ex-c| usive use of the sisters. 43. If the chaplain or other priests live in a house of the sisters, their apartments shall if p~ssible have a separate entrance and be separated from the part of the house occupied by the sisters. 44. The sisters shall observe the prescribed norms and usages on leaving the house. 45. Sisters living outside a convent of the congregation for study are obliged, if possible, to live in a religious house. 46. Correspondence. The correspondence of the sisters is subject to the authority of superiors, and of the junior professed, novices, and postulants also to their directresses. 47. Silence. Religious silence shall be observed according to the prescribed norms and usage of the congregation. 48. "~postolate. The sisters in hospitals shall be guided by religious and ethical principles in their professional activities. In a doubt they shall consult religious or ecclesiastical authority. 49. Care of the sick. Spiritual aid shall be promptly given to the sick. They may ask for the confessor they prefer and are to be given the opportunity of receiving Holy Communion frequently and even daily during their illness. 50. Suffrages for the dead. At the death of a professed religious or novice, the local superior shall immediately inform the superior general (provincial) and the close relatives of the deceased. The superior general (provincial) shall promptly send a notification to all the houses (of the province). 51. Departure and dismissal. The superior general (higher superior) with the advice of her council, for just and reasonable motives, may exclude a religious from renewing temporary vows (or other commitment) or from mak-ing profession of perpetual vows, also because of physical or psychological ill-ness. Religious who have made profession of temporary vows (or other corn- Typical Constitutions / 217 mitment) may freely leave the congregation when the term of the vows has ex-pired. 52. For the dismissal of a sister of perpetual vows, serious external reasons are required, together with incorrigibility, after attempts at correction have been pre~viously made without success, so that in the judgment of the superior general and her council there is no hope of amendment. The efforts at correc-tion shall include not only the admonitions but also a change of employment, transfer to another house, and other suitable means, if judged expedient for a reform of conduct. 53. If by the consent of the council expressed in secret ballot the sister has been found incorrigible and her dismissal approved, the superior general shall transmit the whole matter, with all the relevant acts and documents to the Sacred Congregation for Religious and Secular Institutes (diocesan con-gregation: ordinary of the diocese where the religious house to which the sister is assigned is situated): (Added article in diocesan congregation:) The sister has the right to appeal to the Holy See against the decree of dismissal, and if she makes this appeal within ten days from the date on which she was informed of her dismissal, the decree of dismissal has no juridical effect while the recourse is pending. 54. In an automatic dismissal according to canon 646, it is sufficient that the superior general (provincial congregation: higher superior) with the advice of her council make a written declaration of the fact, but she is to take care that the collected proofs of the fact are preserved in the files of the congrega-tion. 55. In the case of~rave external scandal or of very serious imminent injury to the community, any professed sister may be immediately sent back to secular life by the superior general (provincial congregation: higher superior) with the consent of her council or even, if there is danger in delay and time does not permit recourse to the superior general (higher superior), by the local superior with the consent of her council and that of the local ordinary. The sister must immediately put off the religious habit. The local ordinary or the superior general (higher superior), if she is present, must without delay submit the matter to the judgment of the Holy See. 56. A sister who has been canonically dismissed is by that very fact freed from all her religious vows. 57. Superior general. The residence of the superior general shall be at the motherhouse and may not be permanently transferred without the consent of the general council and the permission of the Holy See (diocesan: permission of the ordinary of the present and proposed places of residence). 58. With the deliberative vote of her council, the superior general may place certain houses and works under her immediate authority and may also transfer these to a province. 59. The office of the superior general is incompatible with that of local superior, even in the motherhouse, or with that of any other official. '60. General council. The councilors should live at the motherhouse, but in a 218 / Review for Religious, l/olume 34, 1975/2 case of necessity two of them, with the exception of the assistant, may live else~,here, provided they can attend the meetings of the council, to which they must always be summoned. The councilors should not be burdened with any employment that might prevent them from fulfilling properly their duties as councilors. Or: At least one councilor, ordinarily the general assistant, must live at the motherhouse. The other general councilors must be assigned to houses from which they can attend the meetings of the council, to which they must always be summoned . . . 61. An ordinary session of the council shall be held every month, but the superior general may convoke the council as often as important affairs are to be discussed. The council may not deliberate unless the president and at least two councilors are present. 62. At the beginning of the session the miiautes of the precedit~g meeting as recorded by the secretary general shall be read. When approved they shall be signed by the superior general and the secretary. 63. The superior general shall then place before the councilors the matters for discussion. When a subject has been stated and appropriate explanatigns given, she shall allow the councilors to speak and shall take care to obtain'the opinion of each. The councilors shall express their opinions with becoming respect, simplicity, and sincerity. 64. When the consent of the councilors is required, the voting must be by secret ballot. The decisions of the council are to be made by an absolute ma-jority. In an equality of votes, the superior general may decide the matter. 65. A full council is necessary for appointments to office. If a councilor cannot be present and the appointment cannot be deferred, a sister of perpetual vows shall be chosen by the councilors as substitute. 66. The superior general may summon sisters who are not councilors for in-formation or advice, but such sisters are never permitted to vote. All who thus attend sessions of the council are 9bliged to secrecy. 67. The superior general must have the deliberative vote of her council in the following cases: (a) Condonation in whole or in part of the dowry (b) Investment of the dowry (c) Determination of the expenses of the postulancy and noviceship (d) Admission to the noviceship and first profession (e) Establishment or transfer of a novitiate (f) Imposition of a formal precept of obedience on the entire congregation, a province, or a house (g) Dismissal of a professed of temporary or perpetual vows and the send-ing of a professed religious immediately back to secular life (h) Convocation of an extraordinary general chapter; designation of the place of the general chapter; inviting of externs and sisters who are not capitulars to the chapter; excusing of a capitular and the summoning of her substitute; compiling of list or groups for the election of delegates; appoint-ment of committees for proposals to the general chapter; and approval of enactments of provincial chapters Typical Constitutions (i) Transfer of the permanent residence of the superior general or of a provincial superior (j) Appointment of a visitor for the entire congregation (k).Choice of a substitute for an absent general councilor (1) Acceptance of the resignation, removal, or deposition of a general coun-cilor or official, and appointment of a successor in these cases (m) Appointment, prolongation of term, transfer, and removal of (provin-cial, regional, and) local superiors, their councilors, secretaries, and treasurers; of a directress or assistant directress of novices, of junior professed, of postulants; instructress of tertians, supervisors of schools and studies, prin-cipals of schools, and administrators of hospitals (n) Placing of houses and works under the immediate authority of the superior general and transferring of them to provinces ¯ (o) Transfer or removal of a superior or official before the expiration of a prescribed term (p) Approval of the accounts of the treasurer general (q) Imposition of an extraordinary tax, investment of money, alienation of ¯ property, contracting of debts and obligations, making of contracts in the name of the congregation, extraordinary expenses, and other matters of a financial nature according to the norms of canon law and the ordinances of the general chapter (r) Establishment, change, and suppression of provinces, regions, and erec-tion and suppression of houses (s) Uniting of the offices of Iota1 superior and local treasurer (t) All matters remitted to the deliberative vote by the general chapter (u) Determination of matters that require the consent or advice of the (provincial, regional, and) local councils. 68. The superior general must have the consultative vote of her council in the following cases: (a) Abbreviation of the added period of the postulancy, noviceship, and temporary vows or other commitment (b) Prolongation of and dismissal from the noviceship (c) Admission to renewal of temporary vows, their prolongation, admission to perpetual profession, and exclusion from renewal of temporary profession and from perpetual profession (d) Declaration of fact for the.automatic dismissal of a professed sister (e) Transfer of a sister from one province to another (f) Approval of the reports of the superior general to the general chapter (g) A practical interpretation of a doubtful point of the constitutions (h) All matters remitted to the consultative vote by the general chapter. 69. Secretary general. It is the duty of the secretary general to assist the superior general with the official correspondence of the congregation. She shall be present at all meetings of the general council and record the minutes of the sessions. She is obliged to secrecy in all that refers to her office. 70. She shall be in charge of the general archives and of all documents relating to the history and administration of the congregation. No document 220 / Review for Religious, l~olume 34, 1975/2 shall be taken from the archives except in conformity with the established regulations. 7 I. The secretary shall compile the annals of the congregation. Every year she shall receive from the local superiors an accurate record of the principal events of their houses. Or: The secretary shall compile the annals of the con-gregation. Every year she shall receive from the provincial (and regional) superiors an accurate record of the principal events of the provinces (regions), and houses. 72. The secretary shall be attentive to all legislation and decrees of the Holy See and to diocesan regulations and civil enactments that affect the congrega-tion, and shall keep the superior general and her council informed on all such matters. 73. The preceding articles apply with due distinctions to (provincial, regional, and) local secretaries. 74. Treasurers. The administration of the temporal goods is entrusted to the general (provincial, regional) and local treasurers under the direction of the respective superiors and the supervision of their councils. The treasurers are obliged to secrecy in all that appertains to their office. 75. The superior general may appoint as many assistants as necessary to the general and local treasurers (general treasurer, and the provincial and regional superior may do the same for provincial, regional, and local treasurers). 76. Treasurer general. The treasurer general manages the financial affairs connected with the general funds. Every six months she must give an account of her administration to the superior general and her council. If everything is found in order, the superior general and the council shall approve her ad-ministration by signing the statement. 77. The treasurer general must see that the (provincial, regional, and) local superiors send a report of their administration to the motherhouse every six months. She shall examine these reports to obtain an exact insight into the financial state of the congregation and its parts and shall give the general coun-cil an accurate account of her examination. 78. Provincial and regional treasurers. The provincial (and regional) treasurer(s) is (are) appointed by the superior general with the consent of her council. Neither the provincial superior nor the assistant provincial may be provincial treasurer. The two preceding articles must be observed also by the provincial (and regional) treasurer with regard to the provincial superior (and the regional superior), her council (their councils), and the local houses. 79. Local treasurers. In each house there shall be a local treasurer, who is appointed by the superior general (provincial) with the consent of her council. Although it is preferable to separate the office of local superior from that of local treasurer, the superior general (provincial), with the same vote of her council, may combine them if this is necessary. 80. The local treasurer shall render a monthly account of her administra-tion to the local superior and her council, who shall examine and approve it ac- Typical Constitutions / 221 cording to the norm of art. 76. Every six months each house shall send an ac-curate financial statement to the superior general (provincial). 81. Administration of temporal goods. Each province must contribute to the general and each house to the provincial (or regional) treasury the sum determined by the general chapter. The superior general with the consent of her council may, when necessary, impose an extraordinary tax on all or some of the provinces and houses or authorize a provincial or regional superior to impose such a tax. 82. Houses or works whose financial responsibility appertains to ecclesiastical or lay administrators and in which the income consists of salaries paid for the sisters shall remit to the general treasury that part of the surplus established by the general chapter. 83. The treasurers validly incur expenses and perform juridical acts of or-dinary administration within the limits of their office. 84. Stocks, bonds, securities, and similar papers shall be placed in a secure safe or safe-deposit box, and the treasurer shall keep an exact record of all such deposits and withdrawals. 85. Each house must maintain an inventory of all property owned by the community. The inventory must be renewed annually for adjustment and depreciation. One copy is to be retained in the house (and another in the provincial or regional house) and one in the files of the treasurer general. An inventory is to be maintained in the same manner for all property owned by (the province and) the congregation. 86. The investment of money should not be made except on the authoriza-tion of the superior general (higher superior) with the consent of her council and ordinarily with the advice of a honest and competent financier. 87. Besides the ordinary expenses, each (province, region, and) house may expend only the sum determined by the general chapter. For other extraor-dinary expenses recourse must be made to the superior general (higher or regional superiors). 88. Provinces. In each house there shall be a provincial house so organized that the proper performance of all provincial duties may be assured. 89. Provincial councilors, secretary, and treasurer. The provincial coun-cilors shall individually submit an annual report to the superior general on the spiritual and temporal state of the province. 90. The provincial superior shall assemble her council once a month; ex-traordinary sessions shall be called when necessary or opportune. 91. The provincial superior must have the deliberative vote of her council for the following acts: (a) Condonation in whole or in part of the dowry (b) Investment of the dowry (c) Determination of the expenses of the postulancy and novicesliip (d) Admission to the noviceship (e) Imposition of a formal precept of obedience on the whole province or an entire house 222 / Review for Religious, l/olume 34, 1975/2 (f) Sending a professed religious immediately back to secular life (g) Designation of the place of the provincial chapter, inviting of externs and sisters who are not capitulars to this chapter, excusing of a capitular and summoning of her substitute, compiling of lists or groups for the election of delegates, and the appointment of committees on proposals to the general or provincial chapter (h) Appointment of a visitor for the entire province (i) AppointmenL transfer, and removal of local councilors and treasurers, the assistant directress, of novices, the directress of postulants, principals of ~chools, and the uniting of the offices of local superior and local treasurer (j) Removal or transfer of an official before the expiration of a prescribed term (k) Choice of a substitute for an absent provincial councilor (1) Approval of the accounts of the provincial treasurer (m) Investment of money, alienation of property, contracting of debts and obligations, the making of contracts in the name of the province, extraordinary expenses, and other matters of a financial nature according to the norms of canon law and the ordinances of the general chapter (n) Other matters according to the enactments of the general chapter or of the superior general with the consent of her council (o) The determination of matters that require the consent or advice of local councils. 92. The provincial superior must have the deliberative vote of her council for the following requests to the superior general: (a) Erection and transfer of a novitiate and erection and suppression of houses (b) Admission to first profession (c) Dismissal of a professed of temporary or perpetual vows (d) The appointment, proposal of names, removal, deposition, and replace-ment of provincial councilors and officials, local superiors, directress of novices, of junior professed, instructress of tertians, supervisors of schools and studies, and administrators of hospitals (e) The imposition of an extraordinary tax (f) Other matters according to the ordinances of the general chapter or of the superior general with the consent of her council. 93. The provincial superior must have the consultative vote of her council for the following acts or requests to the superior general: (a) To assign the duties of the sisters and to transfer them from one house to another within the province (b) Abbreviation and prolongation of the postulancy, the noviceship, and temporary vows or other commitment (c) Dismissal from the noviceship (d) Admission to renewal of temporary vows (e) Admission to perpetual profession and exclusion from renewal of tem-porary vows a~nd from perpetual profession Typical Constitutions / 223 (f) Declaration of fact for the automatic dismissal of a professed sister (g) Other matters according to the ordinances of the general chapter or of the superior general with the consent of her council. 94. Regions. The regional councilors shall individually submit an annual report to the superior general on the spiritual and temporal state of the region. 95. Houses. At least., sisters must be assigned to a house and adequate provision made for their spiritual assistance. 96. Local superiors. A sister who has been in office for six (twelve) successive years may not again be appointed local superior in any house before the lapse of a (two, three) year(s), except in a case of serious necessity. 97. The local superior shall send a written report once a year to the superior general (provincial) on the spiritual and temporal state of her community. 98. Local officials. In every formal house there shall be two councilors. One is to be designated as assistant and vicar. In smaller houses there is one coun-cilor. The councilors must be sisters of perpetual vows. The local councilors shall write individually to the superior general (provincial) once a year on the spiritual and temporal state of the house. 99. In the absence of the local superior, the assistant shall preside and replace her in whatever is necessary for the ordinary management of the house. 100. The local superior shall convoke her council every month or oftener, if necessary. The norms on the general council, with due distinctions, apply to the local council. Local councilors have only a consultative vote except in the ex-traordinary case mentioned in art. 55 and in matters for which the general chapter or the superior general (or provincial superior), with the consent of her council, has decreed that the vote must be deliberative. 101. The following are the subjects to be discussed by the superior and her council: the fulfillment of the obligations of the religious life and the religious spirit of the community, the occupations of the sisters, the material and finan-cial condition of the house, the work of the school or institution, and the means to be used to encourage works of zeal and to correct deficiencies. 102. Directress of novices. If the number of novices or any other good reason renders it expedient, a sister shall be given as assistant to the directress. The assistant shall be under the immediate authority of the directress in all matters pertaining to the government of the novitiate. She must possess the necessary and suitable qualifications for the office. 103. The directress and her assistant are appointed for three years. Both must be free from all other offices and duties that might interfere with the care and government of the novices. 104. The directress shall grant all ordinary permissions and dispensations to the novices. 105. Every three months the directress must present to the superior general (provincial superior, regional superior) a report on the vocation, character, conduct, progress in.religious life, aptitude,'and state of health of each novice. Non-possessiveness and the Religious Vows Brother Richard DeMaria, C.F.C. Brother Richard DeMaria, C.F.C., is a faculty member in the Department of Religion; lona College; New Rochelle, New York 10801. "You can't take it with you" is an oft-cited maxim from the treasures of pop-ular wisdom, intended to temper the Faustian spirit within man by the reminder that death will separate him from all possessions, honors, and ac-complishments. The maxim applies not only to our inability to carry possessions beyond the doors of death. It speaks also to our daily experience: it is impossible to hold onto the joys whi,ch life provides. It is like the proverbial efforts of a child trying to capture soap bubbles. Rather than simply delighting in their multi-colored beauty, (he child tries to capture them and, in so doing, destroys them. So it is with pleasure: the attempt to capture the beautiful ex-perience destroys it. The attempt-to-own generates dissatisfaction, disappoint-ment, worry, jealousy, suspicion, envy, and a host of internal cancers, all of which crowd out the simple faculties of enjoyment. Possessiveness, the Enemy of True Delight This suggests an important principle: the enemy of true delight is possessiveness. He who would experience the beauty of God's world, the joys of full human life, must learn to enjoy beauty, love, achievement without try-ing, without wanting, to possess them. This approach--symbolized by open-handed arms, extended to touch without holding--is not easily learned, and yet it is necessary if one hopes to taste fully the joy which life bestows, erratically but prodigally, on those who have discerned her ways. The truly wise person is one who, for example, delights in the excitement of achievement, who knows well the joys of friendship,, who has developed an appreciation for the arts, but 224 Non-possessiveness and the Religious Vows / 225 who resists the tendency to possess them. This person knows that, because life is generous, there is no reason to cling to one particular object, person, or ex-perience. There will always be others. The possessive person, on the other hand, bent upon having certain selected experiences, fails to notice and thus enjoy the offerings of a bountiful world. This person has not learned a key truth about human life: the beautiful things in life "happen" and cannot be made to occur or to remain. The effort to force their occurrence, which in-evitably fails, only introduces disappointment and frustration, pain and anger. A new insight into religious life can be gained when it is approached in this context. The three vows, which have been considered descriptive of the religious life, are concerned with three drives within the human spirit which are particularly susceptible to the possessive tendency. It is the thesis of this paper that religious life, as it has been traditionally structured, places a person in a life style which should reduce the pressures leading to possessiveness in each of these areas. Accordingly, each vow involves both a promise to observe a par-ticular life style, as well as a pledge to seek the freedom from possessiveness which that life style is intended to inculcate. In this article, we shall consider separately these three human drives, noting both healthy (nonpossessive) and unhealthy (possessive) forms of each, showing how the religious life style should foster the former. The Vow of Obedience Essential to healthy personality is the sense of fulfillment which one feels when, with body and mind, through ingenuity and hard struggle, one over-comes the forces of disintegration and creates order, beauty and happiness. To know that one has created, has made one's mark upon the world, has con-tributed to the progress of society, is a deeply felt human need. For one who has known this self-affirmation which follows successful creative efforts, work is not drudgery but is an invitation to self-fulfillment. But we often find the possessive tendency present here, adulterating the healthy creative drive, transforming it into a force which is debilitating. The valuable drive to create can give way all too easily to a pathetic search for success and recognition and, then, the energy which should be directed toward creative activity is channeled into frantic efforts to attain or retain positions of prestige. The person who is possessive about success will avoid any under-taking unless there is a guarantee of succeeding. He will pare his life down to a few "safe" activities in which he knows he can succeed, activities in which there is no competition. When he has found something which affords him some recognition, he will jealously protect that position, resenting any newcomers who might replace him. He studiously will avoid challenge. Such are not the ways of the creative person. He, too, enjoys the taste of success and delights in the recognition which accompanies achievement. But he knows that too much concern with success is destructive, distracting,, and futile; therefore he refuses to expend excessive energies in vain efforts to main-tain positions of real or imagined importance. He knows when and how to let 226 / Review for Religious, Volume 34, 1975/2 go of past success: he willingly relinquishes a position when others better qualified are available. He knows when and how to accept a new challenge, even when--especially when--there is no assurance as to the outcome. Such a life is filled with challenge and struggle, and the excitement of knowing that one is attempting the "impossible." It is difficult to be such a person. It is in this context that we might consider the vow of obedience. By the vow of obedience, a religious not only promises to observe the traditions and customs of a congregation but pledges as well the intention to overcome as far as is possible the tendency to be possessive with respect to creative endeavors, the tendency to idolize success, prestige, or power. The religious life style, in which authority is defined in terms of service to the community, where ap-pointments to positions of authority are for relatively short periods of time, where~ one's "standard of living" does not depend upon the positions held--such a life style establishes a milieu which should reduce the tendency to idolize position. The life of religious community should free its members from many of the pressures which are experienced by others in a world where com-petition is the game plan and where concern for livelihood itself forces many to engage, however reluctantly, in a scramble for positions, and a subsequent campaign to eliminate all contenders, once an office is acquired. Unfortunately, there are religious who never take advantage of this freedom which the structure of their life facilitates but who allow possessiveness to color all their activities. There is no automatic relation between the religious life style and true detachment. Many are the religious who carve for themselves niches in life from which they cannot be moved; many are the religious who place great store in the most foolish of honors and distinctions and who jealously resent anyone interested in the same; many are the religious who are fearful of innovation and innovators and allow this fear to paralyze their lives; many are the religious who never experience the sense of power~and of joy which come from struggle against, and success over, difficult odds. Insecurity is not easily overcome. But the point remains that the com-munal life style can facilitate, and is intended to facilitate, a detachment from the vitiating need to achieve success or prestige. Once freed, the creative drive can be a source of happiness, joy, and growth. The Vow of Chastity Little need be said of the important role which the drive toward human relationship can play in the development of mature personality. Love has the ability to shatter, even if only temporarily, the consciousness which walls a per-son off into an isolated, self-absorbed space. Suddenly, or gradually, the ex-perience of giving and receiving love introduces one into a new understanding of life and one's relation to it; it allows one to dispense with unneeded, counter-productive defenses; and it encourages one to "unpretzel" himself, to allow himself to touch and to be touched by powers beyond the self. For many, love is the first experience, the first taste, of that "other life," that other "self," which is within ("the kingdom of God is within you"), waiting to erupt into and Non-possessiveness and the Religious Vows / 227 gladden the lives of every person. "God is love" is the way the Christian writers spoke of the sacred, and for many, perhaps most, love relations will remain the door by which they can understand and enter into the Godly perception. Because the experience of love is redemptive, a person understandably wishes to prevent it from being destroyed, diminished, or infringed upon. Unfor-tunately, this healthy wish to protect something important can, and does, easily degenerate into counterproductive efforts to possess and to demand love, which can never be possessed or demanded. And, thus, the salvific drive towards relationship is transformed into a destructive passion. The possessive person mistakenly believes that exclusivity is a prerequisite to deep, "real" love, and thus he reaches out only to those few people from whom he expects near total response. He wants undivided attention from those he loves. In his desire to keep the loved one for himself, he cuts the other off from every outside relationship, interest, and involvement, foolishly thinking that he can be all things to that person. He even views the interests and ac-tivities of the other, when these are not held and enjoyed together, as rivals to be eliminated from the field. And in a similar way, he limits his own world. Cut off thus from the sources of growth, they both die of malnutrition. That is, if they are not first destroyed by the suspicion and jealousy which inevitably plague such possessive relationships. Clinging love, so different from simple love, is a cancer which leaves its host blinded or distraught. How different is the non-possessive person! He fears the human tendency to suffocate loved ones, and therefore he is pleased when the other develops new, outside relationships and interests, knowing that they are the sources of life and growth. He fears as well his tendency to suffocate himself. He knows it is important that he never stop growing in love, that he not cease to meet and commune with the different people life brings into his world. Without denying the special importance of long-standing friendships and loves, the non-possessive person values the opportunities to commune with many people in a lifetime. As he grows in maturity, he finds that it becomes progressively easier for him to let down his defenses, to give and elicit trust and spontaneity in others, to communicate as a person to a person. In other words, he grows in the ability to love. A clarification may be necessary here: at first, the suggestions in this sec-tion might seem to reject the possibility or value of permanent relationships, especially marriage. But a call for non-possessive love should not be confused with an advocacy for that non-responsible form of love which is delighted to be freed from any kind of commitment. In every friendship and romance one takes upon himself responsibilities to the other which perdure even after that mysterious, uncontrollable attraction we call love has passed on. Which is to say that the relationship of friendship or marriage is more than simply a form of intimate intercommunion. In view of this analysis, the vow of chastity might be seen as follows: by the vow of chastity a religious promises not only to live a chaste, unmarried life, but pledges as well his or her intention to eradicate the strong, "natural" 22a / Review for Religious, Volume 34, 1975/2 propensity toward possessive love and to overcome the "natural" propensity to restrict love and care to a few people over whom he or she can claim an ex-clusive priority. Celibacy is a call to be constantly open to relationship, to be ready to befriend any person met with a non-demanding love. Far from a pledge to live in isolation from human love, the vow of celibacy asks of those so vowed that they strive to love deeply without making claims upon others. Especially it would ask them to fuse this freedom with a concern for the lonely, the unattractive, the fearful. Because the religious neither takes a spouse nor parents children, he or she avoids the temptation to center all one's love and care upon a few people, and the temptation to regard spouse and children as people over whom one has a right to demand love. By opting to live a com-munity life, the religious places himself or herself in a milieu where both the joys and responsibilities of multirelationship are encouraged and facilitated. Thus the celibate life style is a structure which should aid the development of an enlarged and non-destructive approach to the world of intimacy. These comments are not intended to suggest that the celibate form of life automatically engenders this freedom so necessary if one is to know fully the joy of love. Many are the religious who faithfully observe the restrictions of celibate life, but who never attain its spirit: whose relationships with friends or students or colleagues are characterized by ownership, exclusivity, jealousy, and all the concomitant signs of possessiveness. Many are the religious who never find througl~ their celibate life the freedom to enter easily int6 warm, redemptive relationships, who never realize in their lives the truth of the maxim that religious are called to parent thousands. In summary: the vow of chastity has traditionally been presented in terms of sacrifice, a sacrifice which was valued because human relationships were thought to interfere unnecessarily with the search for God or the demands of the apostolate. There is, of course, truth in this argument: as we have seen, love can give birth to a possessiveness which does interfere with a person's service to God and neighbor. The vow might better be supported by a spirituality which differentiates between possessive and non-possessive relationships, which knows that love can be both the source of salvation and the source of destruc-tion. The celibate life, then, is valued, not because it involves renunciation but because it can be a step towai'd the ability to love without that possessiveness which weakens or destroys the consciousness which we call love. The Vow of Poverty Repeatedly in Christian hist6ry, there arose the temptation to embrace Manicheism: to see the world and its joys as the creation of an evil spirit and as traps for the human soul. Against this heresy, orthodox Christian theology has insisted that the God who created man's spirit also created the material world, and that, as the author of Genesis insists, He saw it, and found it to be good. Orthodox spirituality teaches the Christian that he can discover the God of the Gospels reflected in His creation: through the beauty of the world, through the joys which it brings, one meets and touches the sacred. Sensitivity to the beauty Non-pissessiveness and the Religious Vows / 229 of life is'a drive, an important ,one, by which a person can taste and see the goodness of God. The joys of life help man to venture outside his narrow self-world, to discover h~s at-homeness w~th that which is beyond, to understand the truth that one is but a branch whose fulfillment depends upon maintaining unity with the Vine. He who islinsensitive to beauty, whose mind cannot be moved by the complex-powerful-fragile world is indeed a poor man, dis-possessed of a key which can fr~e him from the prison of alienation and from the illusion of i,n, dividualism. ,~s the Christian learns daily when gathered around the Lord s Table, God [is to be found in His world, in the common bread and wine¯ But enjoyment of the world and its pleasures easily parents a possessiveness toward things which is neither healthy nor redemptive. The possessive per-sonality begins to amass, or Idesires to amass, large stores of material belongings, assuming that ownership of things is a prerequisite to enjoying them, is a means of holding onto joy. No sooner ts the beauttful encountered than the possessive person begm,s planmng ways to hold onto the source ofthat pleasure in order to insure that it can be repeated. But experience teaches that this effort to prolong-by-possessing fails¯ It succeeds only in introducing worry, jealousy, and dissatisfaction. This concern for, this worry about, owning becomes so ~mportant that the original goal of enjoyment ~s overwhelmed and forgotten. Time is spent collecting, protecting, preserving, insuringmand these become substitutes for enjoymetlt. In one's desire to hold onto a particular joy, one fads to notice, and therefor~ to respond to, the ~nnumerable joys which prodigal world offers PossessiTe people, people who desire to own a lot, are often people who enjoy very httle. The non-possessive person, precisely because his attentions and energies are not being channeled into the attainment or protection of a few chosen ob-jects of importance, is one who ~an find delight in the most unexpected places, I who is regularly surprised by joy. He understands that the person who wishes to know the joys of this life mus~ resist the ever-present, self-defeating tendency to force their attentions¯ He m!ust learn to touch without holding. Traditionally, the vow of poverty has been understood in terms of sacrifice, a "giving up" of the material world, whose pleasures are sirens to the spirit, diversions from the work of the Master¯ A more balanced, ~ncarnat~onal spirituality would teach Christians to be wary, not of pleasure itself, but of the spirit of possessiveness toward~ pleasure and the world which affords these joys. Such a spirituality woul~l teach Christians that in pleasure they ex-perience the salvific presence of the Creator, and that such appreciationsmfar from being destructive--can be invaluable aids to the spiritual life¯ This spirituality would also maintain that the attractions of the material world can be dangerous, not because they themselves are spiritually injurious, but because they do tend to excite the possessive tendency within a person. Enjoy-ment easily gives way to covetousness, worry, jealousy, frustration, all of which destroy integrity and distract from values. It is this spirit of possessiveness--the need to own, the fear of losing, the desire for more--which is injurious to the life of grace and which must be overcome¯ 230 / Review for Religious, l/olume 34, 1975/2 The vow of poverty might be approached in this context: by the vow of poverty, a religious promises not only to live communal life according to the constitutions and customs of his or her congregation, but pledges as well the in-tention to overcome as far as is possible the possessive tendency toward the good things, the pleasures of this world. Communal life, where material resources are shared and where individual worry about present or future needs is considerably reduced, is a structure which should make non-possessiveness toward material things a more easily attained goal. By eliminating many of the pressures of finance which accompany a more individualistic way of life, the common life facilitates the development of that freedom from possessiveness which is essential if one is to live life fully and enjoy properly the things which life provides. This is not to suggest that there exists some automatic relation between observing the requirements of a communal life and achieving a proper interac-tion with material things. Many are the religious who faithfully observe every detail of their communal obligations but who never attain a spirit of freedom from worry and possessiveness about "things," who never come to realize that "freedomrs just another word for nothing left to lose." Many are the religious for whom the life of communal sharing represents deprivation, rather than a door to fuller experience. Nor should one deduce from this approach to pover-ty that there is no sacrifice or renunciation involved in the life of communal sharing. Within most people there is something of the Lucifer who would rather be master in hell than serve in heaven. The desire to possess, to make certain things one's own, is a strong drive, and is controlled only with con-siderable effort and denial. But the point remains: the goal of the vow of pover-ty is not a renunciation of all pleasure, but the purification of one's ability to experience and enjoy God's world. Summary and Conclusion In summary, the three vows reflect three aspects of a central spiritual goal: to experience fully human life without seeking to "possess" its joys. While vowing to observe particular sets of obligations, the religious pledges as well the intention to lead a life characterized by freedom from possessiveness--to attempt a life in which the joys of intimate relationships with people, ap-preciative interaction with things, and genuine rejoicing in successful endeavors do not deteriorate into a jealous demand for attention and affection, into a constant search for things to own, into an idolatrous quest for prestige. These are the ideals of religious life. And, to this writer, the extent to which religious have been successful in realizing these ideals is impressive: Even in times when the spirituality was quite different from that articulated in this article, the writer met many religious men and women who exhibited that joy in life which follows upon a non-possessive stance. Loving and caring in their relationships; appreciative and sensitive to the simplest of pleasures; ready to respond to the challenge with a spirit which so often spelled victory--these describe well the lives Of Non-possessiveness and the Religious l/ows / 231 countless religious men and women. It would seem, then, to this writer, that religious life works. His judgment is favorable because he realizes how power-ful is the possessive tendency within the human spirit, and what a marvelous thing it is to see it mastered. His judgment is favorable because he realizes how difficult it is to learn that "obvious" truth about human life: that "you can't take 'it' with you." The Modern Religious Community and Its Government Sister Mary A lice Butts Sister Mary Alice of the Congregation of Notre Dame of Montreal is a member of the Department of Political Science of St. Francis Xavier University, Sydney Campus; her address is: Holy Angels Convent; P.O. Box 1384; Sydney, Nova Scotia BIP 6K3; Canada. The study of political philosophy involves, for anyone who takes on the exer-cise, a study of the term "community." In the process of such a study, it is not difficult to find some similarities between "community" as it relates to the political scene and the same word as it is used to designate particular religious groups. In the following pages I shall attempt to draw some lessons from political philosophy and then apply those lessons to the community life of religious. I want, first of all, to examine the senses in which the word "community" is used. Then I shall try to apply these findings to "religious communit.y" and specifically to the modern religious community. Finally, I shall look at a few aspects of the methods of governing a modern religious community. Community in Political Thought From the very dawn of the writings of political philosophy, there was a recognition of the fact that ~ human is created as a social being, that he or she can live a complete life only in association with other human beings. Aristotle and the Greeks in general taught that human life could be lived most fully in a small community where every citizen knew every other and each played his part "in ruling and being ruled." All through the history of political theory we recognize the inevitable conflict which must arise between the individual, on the one hand, and the group on the other. Even in philosophy itself, we speak of the whole as composed of heterogeneous parts. The smallest organisms contain 232 The Modern Religious Community and Its Government / 233 cells which strain to go off on their own and we need never be surprised if clusters of human beings living in communities will be less compact, since they are larger and looser. St. Thomas Aquinas and Medieval philosophers in general addressed themselves to the problem of the whole and the parts; that is, to the realization that individual members of any community may be for greater integration or for greater separateness simply because of their individual temperaments. The ones who are for greater integration seek security first; those for greater separateness may be simply moved by a spirit of adventure. For others, the side they choose may depend partly on the theory they hold regarding the nature of the group itself. These ask the question: Is the community a means of supplementing what the individual can do for himself or is it an organic body with a life of its own, in some sense beyond the life of the individual member? This is the question which is posed for the students of political theory. Just to illustrate how one pursues this problem, let us consider a few lines from a text in political thought describing the te~ichings of nineteenth century liberal theorists. The text reads: In the language of Emmanuel Kant, a community is a "Kingdom of Ends." A political problem . . . is a problem in human relations, to be solved with a mutual recognition of rights and obligations, with self-restraint on both sides. Within such a relationship, issues and disagreements will evidently be perennial. ¯. The liberal presumption is that their solution can be found by discussion, by interchange of proposals, adjustment, compromise, always on the assumption that both sides recognize rights and perform obligations in good faith. And the institutions of such a community are thought of as primarily providing the means by which discussion can end in a meeting of minds that reduces coercion to an unavoidable'minimum. They exert authority, but it is a kind of loose-fitting authority which is only rarely burdensome and on the whole is largely self-applied by the people concerned? Religious Community Is More than Political Co~mmunity The above
Background of the research This study intends to analyses the involuntary resettlement of an indigenous Dayak community due to the implementation of the Bakun Dam Project in Sarawak, Malaysia. The significance of this research is that it raises important questions on the impact of development imposed by the state government of Sarawak on the indigenous people who have been regarded as in need of change and to be brought closer to urbanization vis-à-vis modernization through resettlement. Involuntary resettlement due to development projects or infrastructure improvements is not a singular phenomenon and in this context it is often argued that development projects provide employment to the local population and enforce development. However, a dam project also displaces local people from their homes and traditional livelihood. This research focuses on the forced displacement of the indigenous communities at Sg. Asap resettlement because of the implementation of the Bakun Hydro-electric Project (BHP). It is viewed as an involuntary resettlement as the indigenous communities who were residing within the area of the planned BHP had no choice but to move to the resettlement. Their villages and native lands were claimed by the state government for the implementation for the BHP. Thus, the whole problem is focused on the question of why is the resettlement that is promised as a development program for the people by the state government of Sarawak being regarded as forced displacement. In this research, forced displacement is observed at three different levels. First, prior to resettlement, potential settlers are faced with the critical decision of abandoning their homes and livelihoods, causing emotional distress. Secondly, after moving to the new settlement, settlers are often confronted with inadequate compensation for their loss of natural resources, social heritage and land, adding misery to their already distressed situation. Thirdly, resettling people into an area without any supportive resources, i.e. resources whose, purpose is to improve the lives of the settlers compared to their previous situation, fails to accomplish the very purpose of such resettlement. Research objectives and Questions This research utilizes Michael Cornea's analysis, the Impoverishment Risks and Reconstruction (IRR) Model (2000), which brings to the main objective of this research that is to examine the outcomes of involuntary resettlement of the indigenous people. This research compares the situation confronted by the settlers in Sg. Asap resettlement to that definition of "involuntary population resettlement" advanced by Michael Cernea (1998). In this definition, there are two sets of distinct but related processes: displacement of people and dismantling of their patterns of economic and social organization, and resettlement at a different location and reconstruction of their livelihood and social networks. Other than that, the objectives of this research are: to observe if involuntary resettlement planned for meeting the labor needs for the oil palm estates is a catalyst for socio-economic development for settlers. And for policy recommendations, the sub-objectives are: •To subsequently evaluate the problems of accessing resources. •To study to what extent the involuntary resettlement has affecting the social and power structures. •To show the level of changes in social and power structure influencing livelihood strategies. •To examine the most effective network that has provided the people a platform to generate their livelihood. This research details the process and impact of the forced and involuntary displacement faced by the settlers. Factors highlighted include the indigenous people's coping mechanism and strategy in dealing with various issues related to land rights and usage, disagreement and differences in the new social structure, competition over limited natural resources and changing power structure and relations. Issues such as the problems within the household because of the changing family structure and changing role of elderly, men and women in the domestic unit are also highlighted in this research. Most important, this research focuses not only at the displacement issue but also illustrates how settlers rebuild and restructure their life and livelihood. Therefore, based on important concepts, livelihood, coping strategies and power structure, research questions raised are: 1.How do settlers cope with the fact of being involuntarily resettled and what do they do to deal with unanticipated consequences of the social changes that occur? 2.How do settlers manage the new social structure, conflict over limited resources and changing power structures and relations within their own community? 3.Which strategies currently used by these settlers have the potential to build a sustainable livelihood in the new settlement? Theoretical background This research takes the approach of regarding resettlement first and foremost as a catalyst for social change. However, resettlement in the context of 'force' or 'involuntary,' certainly does not ensure positive changes. Dessalegn (1989) defined resettlement in a different context: land settlement, colonisation, or transmigration, all referring to the phenomenon of people distribution, either planned or 'spontaneous'. Accordingly, 'resettlement as in Ethiopia implies moving people or people moving to new locations; colonization as in Latin America implies opening up or reclaiming lands for utilization; and transmigration is favoured by those writing on the Indonesian experience and the word suggests cross-ocean or cross island relocation' (Dessalegn, 1989:668). Palmer refers to resettlement as 'a planned and controlled transfer of population from one area to another' (1979:149). Tadros (1979:122), in analyzing resettlement schemes in Egypt, applied the United Nations definition of human settlement as: 'development of viable communities on new or unused land through the introduction of people' and further defined resettlement in two models: spontaneous and paternalistic. The spontaneous model leaves full scope for individual initiatives, and no support is provided by national or international organisations. No attention is paid to the proper place and function of the settlement within the national context. In the paternalistic model, technical support such as education, tools, equipment and other assistance is provided to the settlers (Tadros, 1979:122). The above definitions can be used in a different fashion for this research, thus the term 'forced' or 'involuntary resettlement'. In reality, despite the good intentions for developing communities, resettlement can also 'under develop' communities in the sense that such communities face greater hardship compared to life before resettlement. To this extent, the working definition of 'resettlement' in this research is a poorly planned resettlement through a forced, involuntary relocation of communities onto unused land that is inadequate for communities to develop a productive and fully functional socio-economic system. This research has adapted the concepts proposed by Michael Cernea (1998), looking at involuntary resettlement in general. The concept of involuntary resettlement (in this research also termed as forced resettlement), which is the comprehensive concept most often used in the current social science literature, integrates 'displacement' and 'resettlement' into one single term, in which the emphasis on involuntariness directly connotes the forced displacement. The usual description of 'involuntary population resettlement' consists, as mentioned earlier, of two sets of distinct but related processes: displacement of people and the dismantling of their patterns of economic and social organization, and resettlement at a different location with reconstruction of their livelihood and social networks. Resettlement refers to the process of the physical relocation of those displaced, and to their socio-economic re-establishment as family/household micro-units and as larger communities. Displacement implies not only physical eviction from a dwelling, but also the expropriation of productive lands and other assets to make possible an alternative use of the space. This is not just an economic transaction or a simple substitution of property with monetary compensation. Involuntary displacement is a process of unravelling established human communities, existing patterns of social organization, production systems and networks of social services. Overall, forced displacement of communities causes an economic crisis for most or all of those affected, entails sudden social disarticulation, and sometimes triggers a political crisis as well (Cernea, 1998:2-3). This research investigates the implications of resettlement and the reconstruction of the livelihood of the affected settlers. Impoverishment Risks and Reconstruction Model (IRR) provides important variables to explore these issues further. Several important variables in the IRR model are utilised to create an independent framework for this research, and is explained in the following section. As Cernea explained, the IRR is a model of impoverishment risks during displacement, and of counteractions to match the basic risks where the multifaceted process of impoverishment was deconstructed into its fundamental components. The components are: landlessness, joblessness, homelessness, marginalisation, food insecurity, increased morbidity and mortality, loss of access to common property assets, and community disarticulation. This analytical deconstruction facilitates understanding of how these sub-processes interlink, influence, and amplify each other. Reconstruction, then, is the reversal of the impoverishment processes, and can be understood and accomplished along the same variables, considered in a holistic, integrated way (Cernea, 2000:5; 2003:40). IRR focuses on the social and economic contact of both segments of the process: the forced displacement and the re-establishment. The model captures processes that are simultaneous, but also reflects the movement in time from the destitution of displacement to recovery resettlement (Cernea, 2000:18). There are three fundamental concepts at the core of the model: risk, impoverishment and reconstruction. Each is further split into sets of specifying notions or components (as mentioned above) that reflect another dimension, or another variable of impoverishment or reconstruction (for example, landlessness, marginalisation, morbidity or social disarticulation). These variables are interlinked and influence each other; some play a primary role while others play a derivative role in either impoverishment or reconstruction (largely as a function of given circumstances). The conceptual framework captures the disparity between potential and actual risk. All forced displacements are prone to major socio-economic risks, but they are not fatally condemned to succumb to them. Cernea further explains that in this framework the concept of risk, as stated by Giddens (1990), is to indicate the possibility that a certain course of action will trigger future injurious effects – losses and destruction. Following Luhman (1993), the concept of risk is posited as a counter-concept to security: the higher the risk, the lower the security of displaced populations (Cernea, 2000:19). The model's dual emphasis – on risks to be prevented and on reconstruction strategies to be implemented – facilitates its operational use as a guide for action. Like other models, its components can be influenced and 'manipulated' through informed planning to diminish the impact of one or several components, as given conditions require or permit. That requires considering these variables as a system, in their mutual connections, and not as a set of separate elements. The model is also flexible as a conceptual template, allowing for the integration of other dimensions, when relevant, and for adapting to changing circumstances (Cernea, 2000:20). This model can be linked with other conceptual frameworks, to achieve complementary perspectives and additional knowledge (Cernea, 2000:21). There are four distinct, but interlinked, functions that the risks and reconstruction model performs: A predictive (warning and planning) function A diagnostic (explanatory and assessment) function A problem-solution function, in guiding and measuring resettlers´ reestablishment A research function, in formulating hypotheses and conducting theory-led field investigations For this research, the function falls under the third function, the problem-resolution. As Cernea explained, the problem-resolution capacity results from the model's analytical incisiveness and its explicit action orientation. The IRR model is formulated with an awareness of the social actors in resettlement, their interaction, communication, and ability to contribute to resolution. The model becomes a compass for strategies to reconstruct settlers´ livelihoods (Cernea, 2000:22). The IRR model clearly points out the results of social change and social disorganisation caused by involuntary resettlement. For the purpose of analysis, the two major variables used for the framework are: loss of access to common property assets and; social and community disarticulation, give a crucial foundation to exhibit the implications of forced displacement. Both of the major variables have been linked to understand the problems that are occurring in the community and households (shown as dependent variables - the coping mechanisms, the way settlers manage risks and the type of resources that people engage to strategise their livelihood). Each component respectively points out the results of change caused by involuntary resettlement i.e. competition over forest resources, state land and living space, and; dismantling of traditional power structure, communal structure and family structure. Although the central theme of the theoretical framework is forced displacement, the framework is expanded to the investigation of coping mechanisms, power structure and relations, and the way settlers strategize their livelihood. The research framework has aimed clearly at the impact of involuntary resettlement which is concluded in this research as causing the changes and social disorganization in the social structure of the settlers. However, the framework also extends to another level for the investigation of the strategies of rebuilding and restructuring of settlers. Main research findings With regard to the perspective to develop the indigenous people through resettlement program, as shown in this research, there are more losses than gains being achieved especially on the settlers' side. What they have left behind (history, livelihood, rights and identity) at their natural environment cannot be retrieved, and uncompensated. And it is also a fact, as proven in this research that the uncompensated losses continue to be the sole grievances of settlers and the factor of causing continuous displacement amongst settlers. This research concludes that as much as the involuntary resettlement has brought many new challenges to the Kenyah-Badeng, many of these challenges are beyond their capability to manage. The underlying problem is settlers were not actively involved in designing their future in the new settlement from the very beginning the project was proposed. The settlers were receiving diminutive information about the resettlement program, and very limited public platform for them to participate or to voice out their concerns and suggestions before its implementation. The factor that causes their continuous displacement is the non-existence of natural resources and land (other than the three acres given to them as part of the compensation) for them to generate income (remember that most of them are farmers without any skill useful to work in non-agricultural activities). Their life in the former village was hard but they were free to explore as much resources as possible, and they owned their native land. In the resettlement, they are as much strangers to the place as to the way of life they are faced with at the new settlement. In other words, settlers simply do not know how to behave appropriately in radically changed social situations because they are not equipped with necessary living tools. The study of the displacement of the Kenyah-Badengs is concluded in three important aspects as follows: Power structure and relations - In power structure and relations, kinship has always been an important aspect that became the reference for any struggle over leadership issue. Kinship is viewed on a larger scale that includes not only blood relation, but also aspects such as others who came from the same root, indicating that kinship in that term was very much related to sharing of the same history of settlement, migration and culture. It has been proposed that kinship was one crucial aspect that binds this community together, but not likely to be true at the new settlement. The power structure in the Kenyah-Badeng community at the resettlement stand as a separate system, failed to bind the people together, no orders from the leader and not accepting orders by the people. However, they carry out the norm of being as peaceful community, as they have always been. Coping through family network – Because of the failure of power structure and relations, the Kenyah-Badeng become family/household oriented in their livelihood strategies. The family network proves to be the most important coping mechanism for such challenging social environment. The family network provides a platform for its members to generate income, employment, social and moral support, education, and security in general. Livelihood strategies – With the absence of promised resources, settlers are faced with many problems with regards to economic aspects at the new settlement. Their agriculture knowledge is insufficient to success them for employment in town. They mainly work on their allocated three acres of land with other problems tagged along as the lands are located at sloppy and slumps area, as well as faced with low grade soil. For their agriculture productions, they are faced with marketing problem because of the established sellers who refused to allow them to get into the network. This research also humbly suggesting an alternative for settlers to improve their livelihood based on the available resources at the resettlement with the assistance of the state government, at least to initiate strategies for marketing. Settlers need "retooling" in many aspects of agriculture knowledge as that is what they have known best to build their livelihood. Government agencies should assist in terms of skill training related to effective methods to produce quality agriculture productions on their three acres of land. Horticulture should be encouraged on their three acres plot and this method has been carried out by the settlers in their swidden agriculture (slash and burns) at their former village areas. At the new settlement, the prospect of horticulture on pesticide free and organic food can be very encouraging. Methods The information and data for this research were obtained through formal and informal interviews, household survey, household in-depth interviews, and secondary data from available sources in prints, documents and internet. Questions for the interviews were formulated first based only on the research questions. At the field site, questions were expanded and added after numerous trial interviews with key informants to improve the questions before the real interviews were conducted. There were 55 household surveys, and from this survey, 20 households were selected randomly for the household in-depth interviews. The head of households were both male and female. Outline of the thesis This research is organized in chapters as the following summary: Chapter 1 provides the background information of the research area i.e. descriptively introduces Belaga, the region where Bakun Hydroelectric Project (BHEP) was implemented, the implementation of BHEP and the reaction of the local inhabitants. The resettlement in Sg. Asap, and the composition of the settlers are also discussed in this chapter. Chapter 2 touches the historical perspective of the Kenyah-Badeng focuses on their livelihoods at Long Geng, their former village before they resettled at Sg. Asap. This chapter also includes a brief history of their migration and settlement to Long Geng, and also the political structure in Long Geng. Chapter 3 discusses the power structure and relations of the Kenyah-Badeng. This chapter draws on the first stage of displacement i.e. processes of losing common property and space with prominent issues such as compensation, land rights and the expected involvement of local leaders in the whole process of the resettlement as highlights of the discussion. Brief history of land legislation in Sarawak based on the interpretation of Native Customary Land and native's rights over ancestral land based on literature reviews is illustrated in this chapter. The purpose of this illustration is to understand the background and general problems of land identification within the Kenyah-Badeng community prior to payment of compensation. Chapter 4 focuses on the discussion of the coping mechanisms employed by the settlers in handling crucial issues pertaining to their livelihood at the resettlement. In fact, this chapter continues the discussion of the stages of displacement highlighting the other two stages by discussing in-depth the situation of "loss of access to common property and space" and "social and community disarticulation". The headings of objectives outlined by State Planning Unit, Sarawak in the development plan of the resettlement are utilized as the base to explain the cause of the displacement and to illustrate the reality at present life of the Kenyah-Badeng. Chapter 5 focuses on the livelihood strategy in which family network is important as the platform for pooling resources. Departing from forced displacement, this chapter illustrates the emergence of coping reaction amongst the settlers by analyzing the family network discovered within the households interviewed in this research. Chapter 6 highlights the changing livelihood of the settlers highlighting the significant of wage employment where remittance is crucial to support their family who are living at the resettlement. The current perspective of settlers towards education and their willingness to invest into their children's education is also discussed in this chapter. Chapter 7 summarizes the research findings and concludes the research.
Abstrak Patriarkiadalah salah satumasalahbesar bagisetiapwanita di dunia, masalah iniakhirnyadiwakilidengankarya sastra, dansalah satunya adalahAtiqRahimiBatuKesabaran.Terdapat Perempuan, sebagai karakter utamadiceritakandengan semuakesedihan, menikahdengan dipaksa, menikahdengan foto, sampai diaharus membuathamil dengantanpajalan dandia memilikibayi daripria laindia tidak pernahtahu. Berdasarkanfakta-fakta, ini memberikan dua pertanyaanutama sebagairespondarimasalah, adalah(1) GambaranbelenggupatriarkimelaluisuaradiamPerempuandiAtiqRahimiBatuKesabaran?(2) DampaksuaradiamPerempuandiAtiqRahimi, BatuKesabaran?Untuk mengatasi hal itudengan analisis, membutuhkanmetode yangmembaca, mengumpulkan data, dan interpretasi, teknik yang digunakanadalahinterpretasi, dan pendekatanmimesis. Sebagaihasil dariini, itu akanmenemukan sesuatu, suaradiamPerempuan, dan initerjadidi Afghanistan, oleh karena itu,dapat dikatakanbahwa sistempatriarkibisa mengambilhak-hak perempuan, dan apahal-hal yangdapat memberikanPerempuanadalahsuaradiam,suarayang dapat menjadigerakan feminisuntuk setiapsimpatiuntuknya. Ini mewakili, untukberkatadalam bisikanyang sangathalus yangmasih adaketimpanganyang disebabkan olehpatriarki, danWanitatidak dapatberbuat apa-apa. Kata Kunci: Patriarki, perempuan, suaradiam, danfeminisme. Abstract Patriarchy is one of the great problem for every women in the world, this problem finally is represented to a literary work, and one of it is AtiqRahimi'sThe Patience Stone. There, the Woman, as the main character is told with all sorrow, marrying by being forced, marrying with a photo, until she has to make pregnant with regardless the way and she has baby from another guy she never knows. Based on the facts, it delivers two main questions as the response of problems, they are (1) Depiction of patriarchy's handcuffthrough the Woman's Silent Voicein AtiqRahimi'sThe Patience Stone? (2) The impact ofthe Woman's Silent Voice in AtiqRahimi'sThe Patience Stone? To solve it by analysis, it requires a method that is reading, collecting data, and interpretation, the used technique is interpretation, and the approach is mimesis. As the result of this, it will find something, the silent voice of the Woman, and this is happen in Afghanistan, therefore, it can be said that patriarchy system can grab the rights of women, and what things that the Woman can deliver is the silent voice, the voice that can be a feminist movement for every sympathy to it. It represents, it says in very smooth whispers that there are still inequality caused by patriarchy, and the Woman cannot do anything. Keywords: Patriarchy, women, silent voice, and feminism. INTRODUCTION Human lives in the world are like corrosion on the ply of metal in the process of abrasion. What the core of this analogy is the way human wear their brain shell to think and find the solution of every problem they face to. Human are divided in to two genders normally, they are men and women. Men, a creature whose penis sticks strongly with dignity and power to dig every hole in front of it. Women, a creature whose vagina decorates beautifully with softness and warmness for everything that prepares for digging it. Based on the differences of the two, the conflicts arise. It starts when women begin realizing that what they think is their right, is grabbed by the creature, called men. In addition, this thought probably can be supposed as the basic thought of feminism movement. Before going further to the meant feminism, it is important to see what feminism fights to, and it is patriarchy system. Patriarchy system is a system that has been rooted in society generally. Erich From asserts that Patriarchy system is where men is fated to dictate/control women, and it rules to all part in the world. (Fromm, 2002: 177). To add it, to make the establishment of this system of men, chronologically there are some experts that give distance between men and women where men are supposed to be the better one. Classically, women are inequality creature, and it is added by Aristotle who views women as an imperfectness of nature (Beauvoir, 2003:ix). Francis Bacon comments that the more negative assertion that women are the jail of men because women give bad effect or influence to men (Arivia, 2002:40). Kant even says that women does not have any ability to use their cognitive ability therefore women should not be allowed to deliver what they think (Arivia, 2002:40). While, St. Thomas supposes women as "imperfect men", women are creature who are created not deliberately, and it is proven by the symbolic story where Eve is portrayed by Bossuet as a creature who is made of the "Adam's Rib" (Beauvoir, 2003:xi). According to Cixous, the term of men and women pinpoints to the difference of the two where the first term must posit the higher or better meaning, and it is placed by men. Therefore, men are self and women are the Liyan. Women live in men's world, therefore women are considered as the Liyan for men. (Tong, 2009: 292). Based on those facts, society finally construct a system where men dominate the whole contents of social life. J. Douglas (1976: 34) adds that many feminists use the term patriarchy as a generic term for male privilege, supremacy, and domination, referring to their current as well as past forms. The attraction of this usage is readily apparent: first, its rhetorical punch and strongly pejorative connotations; second, its reminder of the tenacity and continuity of male domination. Despite earth-shaking social changes, not the least of which are the women's Movements of the nineteenth and twentieth century, male power remains. Therefore, what the things that can be inferred into these facts are the problems between men and women. Feminism moves to throw everything that involves in men's domination because they dictate women, women seem to live in a coop. It means that what women fight is the system of men. In general, feminism is the theory of women's liberation since the intrinsic in all its approaches is the belief that women suffer injustice because of women's sex (Humm, 1989: 74). From the inequality that exists between both gender, women want to search equality in the society, they start to speak up their voices in the publicarena. Women themselves must articulate who they are and what role they play in the society. Most importantly, they must reject the patriarchal assumption that women are inferior to men. This started the feminist movement. It was started by the reality that male-female relations is a form of power structure in which men dominate women (Thebaud, 1994: 290). From this starting point the feminist believe that existing inequalities between dominant and marginalized groups can and should be removed. In the practive the feminist scholars attempt to examine beliefs and practices from the viewpoint of the "other", in this case women, treating them as subjects, not merely objects. Based on those views, it can be said that feminism simply is a thought that focuses on the equality between men and women, especially to talk about the rights of women. Therefore, what things that can be put into the main topic of this, is the all things relates to the inequality between men and women where men are supposed to be the superiority ones. Feminism itself is part of cultural studies in literature, which arises since women feel discredited and being treated unequal to men as human. Yet, what is not acceptable is the differentiation in position, that men are superior to women. That awareness prompts women to rise up and fight for their rights. Feminism deals with freedom, appreciation, and fair treatment for women. It is not women's disability to sit equal with men, but the systems in their social life discourage women to gain self-assertion to actualize themselves as well as men. Meanwhile, women want to grow as human beings who have equal role and opportunity in their own life and society. In the West and East alike, feminists were up against home-grown patriarchalist opponents who used sundry means to denigrate feminism and its supporters. In the West, detractors portrayed feminists as man-haters. In the East, enemies branded feminists as agents of cultural subversion and, ironically in so doing 'colluded' with westerners in declaring feminism western. (Kynsilehto, 2008: 26). Therefore, what can be integrated from this Islam feminism understanding is the way Islam see the equality between men and women, from the agents of truth about the equality between men and women, not creating women to hate men just to beg an equality as what west feminism says to. It is clear to see that this problem finally inspires some authors to write it down in beautiful work, and one of it is AtiqRahimi with his novel entitled The Patience Stone. The main thing that is hidden in AtiqRahimi'sThe Patience Stone is the way feminism is shown up. This novel, especially the main character, the woman, erodes the feeling of the readers to give sympathy and tears on what has happened to the woman. The woman cannot fight to the system of men he faces on, but she just can deliver it through a telling to her comate husband, which is not changing anything to her fair life. Specifically, in Atiq Rahimi's The Patience Stone, there is told a woman sits in front of his comate husband. She tells everything she never confesses before because of some reasons. She is the wife of a soldier who is lying unconscious with a bullet in his neck, and she calls her husband withThe Patience Stone or "Sang-e Saboor," it is a mythical stone accords to Persian folklore that absorbs the pain of those who confide in it, until it eventually explodes. When the novel opens, the man has been comatose for over two weeks, and shows no signs of recovery. Frustration and despair on the woman's part gradually turns to angry rebellion and, uncertain whether or not he can hear her words, she becomes ever more talkative and outgoing as she gathers over their ten-year marriage. The thing that is important to know is that the couple didn't meet before their wedding, nor even during it, since he was away fighting. Instead a ceremony was performed between the teen bride (the Woman) and a photograph, after which she spent three years as a married virgin. She is not allowed to be out of house of seeing friends and family. When the Husband returns, she discovers that she is married to a violent, because the Husband brutally detaches sex at the first sex time. It can be seen that the woman as main character reflects "handcuff" of women life against patriarchy in the social life of the novel. The Women uses her inability to comprehend and talk back to tell him things that she will not dare to say otherwise. With his disability she has been left to feed herself, her two children and continue buying medicine to keep her husband alive. The only job available for an Afghan woman in her desperate situation it seems is prostitution. It is an interested topic to explore because AtiqRahimi'sThe Patience Stone is part of a Persian myth about a stone that has this phenomenal strength to listen to stories of suffering and sorrow. What sorrow that is delivered is from the heart voice of a woman that lives in the unfair world. The unfair world is caused by the inequality. Thus, to respond it, the readers must have attention to give sympathy to the woman indirectly, and to call this feeling, it is not too naïve when it said as the feminist movement that calls everyone in talking the equality women should have. To classify it, this thought belongs to first wave, where women have voice to utter although it is not a fight directly. Then, the voice that is not changing anything significantly to what the Woman faces, is the silent voice. Silent voice is the voice that is not heard, listened, and sensed. However, this voice exists, and the existence gnaws sympathy to see how unequal the social system the Woman faces, the sympathy that dribbles to feminism thought indirectly to get the equal rights. Based on the reasons above, this thesis then conveys analysis on the life and some aspect of main characters thorough feminism approach accords to patriarchy concepts and understanding in AtiqRahimi'sThe Patience Stone. Finally, the planned title can be written as The Woman's Silent Voice toward Patriarchy's Handcuff Reflected in AtiqRahimi'sThe Patience. For more additional support that this thesis uses credible object, it is important to see that AtiqRahimi'sThe Patience Stone is the winner of Prix Goncourt Prize in 2008. Therefore, this thesis hopefully can be a great product and be great donation of literary critics and analysis. Indeed, the decision to select AtiqRahimi'sThe Patience Stone rather than the other works of him is caused by the main topic of the work. AtiqRahimi's The Patience Stone delivers more complex problem between men and women, that finally grabs the problem of Patriarchy and Feminism, while the feminism that is used is based on the glasses of Islam because the setting is in Afghan. In AtiqRahimi'sEarth and Ashes is told about the patriotic father that struggle with his blind son during the Russia invasion in Afghanistan, while in AtiqRahimi'sA Thousands Room of Dream and Fear delivers a student who exiles form his life because he is chased, he loves someone saves him. Based on the two reference, AtiqRahimi'sThe Patience Stone becomes the best one to analyze accords to men and women problem culturally. RESEARCH METHOD This study is taking one of the Atiq Rahimi's stories entitled The Patience Stone as the primary source. In case of analyzing this story, library research is used in order to find some theories, which are relevant to the topic. Finally, Mimesis approach will be used in analyzing this story because the topic that will be discussed about the main character's silent voice as a woman against patriarchy in her social life as the universal truth. In collecting data, this research focuses on analysis and citations. The first step is reading novel. In this step, novel becomes the object of the research. The novel is entitled The Patience Stone, written by Atiq Rahimi. This is to reach the understanding all contents completely with all possibilities both intrinsically and extrinsically. The second is inventorying data. This step is collecting data through noting the quotations related to the statement of the problems and objectives of the study, it is including in words, sentences, and discourse that can represent patriarchy and feminism in Atiq Rahimi's The Patience Stone. The third is classification data. This step to classify the data based on the statement of the problems including the portrayal patriarchy and the way the Woman posits herself against it. The fourth is tabling the data. It is to simplify reading the data and classify data that is used in the analysis for the readers. Those collected data are continuosly intrepreted to react the statement of the problems. The handling of a technique is a duty to do, it is to keep the analysis not jumping out of the limitation in order to solve the statement of the problems. Furthermore, it is significant to be on familiar terms with the data that it is from the novel entitled The Patience Stone, written in 136 pages plus 4 pages of brief introduction by KhaledHossaeni. It is written by AtiqRahimi with original title of SynguéSabour. Pierre de patience, published with ISBN: 9780701184102, and by Chatto&Windus. It is addressed at Random House, 20 Vauxhall Bridge Road, in London at 7wiv 25a. The book design is created Chatto and Windus group and translated by Polly McLean. On the dark cover, there is laid a stamp of Goncourt Winner 2008. CULTURAL APPROACH The term culture is a description of a particular way of life, which expresses certain meanings and values not only in art and learning but also in institutions and ordinary behavior (Frow, 1996: 8). Frow also states that culture is the way of life and is the meanings and values in that way of life. Therefore, basically a cultural approach is a way to think about a literary text based on the ideas or customs of certain society in which the text is made. According to Stanley Fish, J. Hillis, and Michael Foucault, language helps create what we call objective reality, thus reality is a social construct since it is created from language which is a product of customs produced by certain society. (Bressler, 1999: 264) Each society or culture contains in itself a dominant cultural group which determines that culture's ideology, its dominant values it sense of right and wrong, and its sense of personal self worth. (Bressler, 1999: 264) Culrural approach is divided into some theories. Those are: Marxism, post colonialism, new historicism, and feminism (Bressler, 1999: 178). As stated above, cultural approach investigates the domination and the dominated groups. Therefore, this approach will be used to analyze Atiq Rahimi's The Patience Stone and since the dominated group in this novel is women, the theory of feminism will be used for further analysis. Before going deeper to the feminism, it is important to see that feminism that will be used is the feminism from the glasses of Islam. In the West and East alike, feminists were up against home-grown patriarchalist opponents who used sundry means to denigrate feminism and its supporters. In the West, detractors portrayed feminists as man-haters. In the East, enemies branded feminists as agents of cultural subversion and, ironically in so doing 'colluded' with westerners in declaring feminism western. (Kynsilehto, 2008: 26). Therefore, what can be integrated from this Islam feminism understanding is the way Islam see the equality between men and women, from the agents of truth about the equality between men and women, not creating women to hate men just to beg an equality as what west feminism says to. This thought is also influence to the way of the culture move by times, Eastern as universal truth sees, is culturally have features of moral, politeness, differences, and those all shape a unity of eastern culture that is very cultural. While, in Western, thought, rationality, and will or dreams becomes the subjects that move them to be better, and it shapes their mind and finally becomes the culture of west, therefore, the freedom of women seems to be radical rather that to grab the equality. PATRIARCHY Patriarchy system is a system that has been rooted in society generally. Erich From asserts that Patriarchy system is where men is fated to dictate/control women, and it rules to all part in the world. (Fromm, 2002: 177). Engels gives different perspective that patriarchy system is begun when human have already understood about privacy owning, and it marks the birth of system of class. (Budiman, 1981: 21). What Engels means, must reflect to the birth of system of class of men and women. To add it, to make the establishment of this system of men, chronologically there are some experts that give distance between men and women where men are supposed to be the better one.Classically, women are inequality creature, and it is added by Aristotle who views women as an imperfectness of nature (Beauvoir, 2003:ix). Francis Bacon comments that the more negative assertion that women are the jail of men because women give bad effect or influence to men (Arivia, 2002:40). Kant even says that women does not have any ability to use their cognitive ability therefore women should not be allowed to deliver what they think (Arivia, 2002:40). While, St. Thomas supposes women as "imperfect men", women are creature who are created not deliberately, and it is proven by the symbolic story where Eve is portrayed by Bossuet as a creature who is made of the "Adam's Rib" (Beauvoir, 2003:xi). According to Cixous, the term of men and women pinpoints to the difference of the two where the first term must posit the higher or better meaning, and it is placed by men. Therefore, men are self and women are the Liyan. Women live in men's world, therefore women are considered as the Liyan for men. (Tong, 2009:292). Based on those facts, society finally construct a system where men dominate the whole contents of social life. J. Douglas (1976: 34) adds that many feminists use the term patriarchy as a generic term for male privilege, supremacy, and domination, referring to their current as well as past forms. The attraction of this usage is readily apparent: first, its rhetorical punch and strongly pejorative connotations; second, its reminder of the tenacity and continuity of male domination. Despite earth-shaking social changes, not the least of which are the women's Movements of the nineteenth and twentieth century, male power remains. These all continuously give a perspective that women are really controlled, handled, and dictated by men particularly in society. The representation of society can be found in family. Family is the crucial institution in society (Millet, 1972: 33) because it can represent to what happens in the society. In a family the women mostly being the victim of oppressed by their husband or brother. Furthermore, feminist knowledge develops and becomes more sophisticated throughout the 1970s; the family comes to be an important object of analysis. In many cases, it is the crucial site of women s oppression, the space where, unheeded by the world outside, women are at the mercy of fathers or husbands; where the law of patriarchy holds its most primitive form (Pilcher&Whelehan, 2004: 44). Engels as quoted by Millet explains that the ideal type of the patriarchal family and the ancestor is the Roman family, whence come both the term and the legal forms and precedents in the west. Engels informed the word familiaas follow: signify the composite ideal of sentimentality and domestic strife in the present day philistine mind. Among the Romans it did not even apply in the beginning to the leading couple and its children, but to the slave alone. Famulus means domestic slave, and familia is the aggregate number of slaves belonging to one man the expression [familia] was invented by the Romans in order to designate a new social organism the head of which had a wife, children and a number of slaves under his paternal authority and according to Roman law, the right of life and death over all of them(Millet, 1972: 123—124). In family, Gough as quoted by Jo, mentions that men and women cooperate through a division of labor based on gender. Child care, household tasks and crafts closely connect with the household, tend to be done by women; war, hunting, and government by men. Besides that, men in general have higher status and authority over the women of their families, although older women may have influence, even some authority, over junior men (Jo, 1984: 84). Therefore, what things can be inferred to those all understandings, are the problem that is faced by women in the society, the society is like the jail of women and it is sourced by thoughts where place men in a good position to control women. This is also what things reflected on AtiqRahimi'sThe Patience Stone that finally makes the main character, the woman, whispers something as the silent voice in the middle of patriarchy system. This reaction potentially can be said as the thing to get attention and sympathy about what happens to women in Afghanistan, and this can be said as the movement of feminism. FEMINISM In general, feminism is the theory of women's liberation since the intrinsic in all its approaches is the belief that women suffer injustice because of women's sex (Humm, 1989: 74). From the inequality that exists between both gender, women want to search equality in the society, they start to speak up their voices in the publicarena. Women themselves must articulate who they are and what role they play in the society. Most importantly, they must reject the patriarchal assumption that women are inferior to men. This started the feminist movement. It was started by the reality that male-female relations is a form of power structure in which men dominate women (Thebaud, 1994: 290). From this starting point the feminist believe that existing inequalities between dominant and marginalized groups can and should be removed. In the practive the feminist scholars attempt to examine beliefs and practices from the viewpoint of the "other", in this case women, treating them as subjects, not merely objects. Based on all general understanding, it is important to sharpen it into the good shape for not going out of the limitation and wasting buss of explanation of the theory. First of all, it is a long discussion of talking about feminism and its complex sources. To maintain the stability of this research that uses feminism as the knife to slice the discourse of patriarchy reflected in AtiqRahimi's The Patience Stone, thus the first feminism, the main slicer, continuously will be the main point of theory to discuss. The first wave of feminism appeared in the 19th and early 20th centuries, when women's suffrage was at the pole position of an industrializing world. In other word, it happened at the age of Victorian age. In 1800, women had little control over their lot in life. The average married female gave birth to seven children. Higher education was off-limits. Wealthier women could use limited authority in the domestic scope but possessed no property rights or economic autonomy. Lower-class women toiled alongside men, but the same social and legal restrictions applied to this stratum of society as well. Somewhat ironically, religion fueled some of the initial social advancements women made at the beginning of the 19th century. The Second Great Awakening, which started in 1790, emphasized emotional experience over dogma, allowing women more leadership opportunities outside of the home. Abolition and temperance movements that shared Protestant undercurrents activated women as well. It is like to what Stuurman, as quoted by Bryson, says that feminist theological arguments were further elaborated in the seventeenth century: for example, some writers used the creation story to argue that Eve was superior to Adam because she wascreated last, or because she was created out of Adam's rib rather than out of mud and slime (Bryson, 2003: 6). Thus, it can be seen, that in religion, or theologically, the inequality women have, has been rooting to put them down under the knee of men. That means, men are taking higher position in human life where men and women separate them. To talk about the theologically term about the inequality, then women want to get the equality, means that women have something different from the way theology thinks about it and the way of thought is Cartesian with all rationality to think. Bryson notes that the inspiration for these new ways of thinking (feminisms) was the revolution in western philosophy, which had been started in the first half of the seventeenth century by Descartes. According to Cartesian philosophy, all people possess reason, and true knowledge, which is based on experience and self-discovery rather than study of the classics or sacred texts, is in principle available to all. This means that traditional authority is rejected in favor of rational analysis and independent thought, and that customs and institutions which are not in accordance with reason should be rejected. (Bryson, 2003: 6). Therefore, what has been done by feminist is breaking the old thought that is sourced by the empirical way of theology. Moreover, what becomes the main point of this born is the equality that is thought as the right that has been robbed by men and their all system. The first-wave of feminism began in the United Kingdom and the United States around the nineteenth century and lasted until the early twentieth century. The focus of this movement at this time was on de jure inequalities, or officially mandated inequalities. There were many people during this time who were considered to be feminists, Mary Wollstonecraft, Susan B. Anthony, Lucy Stone, Olympia Brown, and Helen Pitts; there are countless more. The first-wave of feminism was monumental to the movement, however, without the continuing second-wave, there would be no hope for feminism in current times, for each wave is connected and dependent on the other's history. In simpler words, feminism is not some simple thing that people can generalize, like it is just an excuse for women to kick men in the balls, and not take care of themselves, or that men and women must be equal at all costs. Feminism is a movement, which has been incredibly important to the success and failures of this country and has been a necessary journey for the women in our country to travel upon so that they can discover and create their own unique place in society. First wave feminists spent hundreds of years in activism, writing, protesting and working for the betterment and equality of their sex and gender. First wave feminists worked not only for suffrage, or the right to vote, but also for the right to an education, the right to work, the right to work safely, the right to the money they earned when they worked, the right to a divorce, the right to their children and the right to themselves and their own bodies. Rights for women can be traced back to the Middle Ages in the Middle East when early reforms under Islam gave women greater rights in marriage, divorce and inheritance. Women in other cultures were not afforded such rights until centuries later. Further improvements of the status of Arab women included things such as the prohibition of female infanticide and recognizing women's full personhood. The things mentioned above are necessary and were necessary, and in some case, came at the end of long efforts. First wave feminists had to work against this impression, and they had to work against the society that allowed an unmarried woman to be property of her father and a married woman to be property of her husband. The first wave of feminism was the longest, and it is the most taken for granted. It is common now to speak with women who do not identify as feminists who think that feminism is a dirty word, who simultaneously pursue careers and an education, who exercise their right to vote, who own property and benefit from the fruits of their labor. Understanding the history and the efforts of feminism, understanding how much progress they made and how long it took them is important both to those who think they are not feminists, and those who identify as feminists and who live life trying to better the world by the feminist ideal. (Retrieved from uic.edu and pacificu.edu). Victorian feminism is a difficult concept to analyze. On the one hand, some of the greatest reforms of women's social and legal position before those of the late twentieth century occurred in a few decades of the nineteenth century; on the other, many of those women who were active campaigners—Caroline Norton, Florence Nightingale, Emily Davies, and Barbara Bodichon—were ambivalent about the extent of their own feminism, and over-anxious to distance themselves from unconventional lifestyles and behavior. Moreover, they seemed concerned mainly with the plight of intelligent middle-class single women. Their commitment to respectability gave them something of a timorous or half-hearted allegiance to a more wide-ranging kind of feminism; in any case, their contribution to the feminist cause was often narrowly specialized as they concentrated on a particular campaign—whether for women's colleges at Cambridge or child custody rights—to the exclusion of others, and many still relied on men to help them with the legal or parliamentary part of their activism. For some, however, it was impossible to avoid being drawn into a wider examination of women's rights, as happened with Caroline Norton and Harriet Martineau, for example, and by the end of the century, most of the major journals were carrying heated debates about the unsatisfied needs of the modern woman. Beginning initially with spasmodic bursts of activism, first wave feminism gathered pace through the work of specific individuals working for specific ends, until the momentum of events made concern for women's full participation in social and political life a matter of public interest across the whole political spectrum. This in itself was no mean achievement (Gamble, 2006: 24). According to those all explanations about first wave feminism, that is majorly from west, then it is continued to see this based on the glasses of Islam feminism reflected to AtiqRahimi'sThe Patience Stone. There is a woman that faces a fact of patriarchy system, she cannot do anything except confessing something about the inequality that indirectly getting sympathy for anyone who read to pay the pity about equality of thee Woman should have. The equality is something has been robbed by the patriarchy system, and the way the Woman acts, can be said as feminist movement. As Muslim, this thought can be clearly is seen as east feminist movement. It is like to what Kynsilheto says that it was in this context that some of us reported that Muslim women were subverting the patriarchal Islamist project through what appeared to be a new form of feminism-in-the-making which Muslim women in different parts of the world would soon call Islamic feminism. (Kynsilehto, 2008: 26). Therefore, the understanding of this feminism toward this research goes clearer to see as the relevant theory that will be used to slice the data just to become a good shape of analysis without going out of the limitation. STATUS WOMEN IN AFGHANISTAN The position of women in Afghanistan traditionally has been inferiorto that of men. This position has been continuing to age, socio-culturalnorms, and ethnicity. In fact, Afghan women, even until the beginning of 20thcentury are still being the slaves of their father, husband, father-in-law, and elder brother. Thus, it can be said that the status of women are silence and obedience. The essence of attitude towards women could be clearly seen in the relationshipof the family after the birth of a female baby.The birth of a female baby,particularly in those cases where the mother gives birth to several girls, is the main cause of contracting a second marriage, and it is still happened until nowadays. Girls areusually raised to be good mothers and tolerant housewives. Thus no one pays attention to their education, except in very rare cases in some well-to-do families. Furthermore, they are married to young and even to very old men, in most caseswealthy ones between the ages of 13 and 16, and in certain cases between the ages of 10 and 12, if their parents desire. They were exchanged for what is called "Toyana" or marriage price. Young girls had no right to choose theirfuture husbands, or question their engagement, which is arranged by theirparents. Early marriage is the main cause of suffering for girls in Afghansociety. Such marriages are both physically and psychologically unhealthy,and often resulted in sickness and psycho-neurotic diseases. Many youngmothers pass away during releasing it because of physiological reasons and earlymotherhood.Divorce is an easy act if the husband wants it. Afghan women do not have any right to ask for divorce. The man is the governor, the controller, the dictator, of every authorizing in divorcing. It is a slur for both families.Occasionally, wives were deprived of their rights and claims on their ownchildren. Traditional women refer to their husbands as "Sahib", the lord. Wives aregreatly trusted by their husbands. This great confidence rendered byhusbands has led Afghan wives towards great honesty, chastity, courage, andproper manners. Women are mainly occupied with rearing children, cooking,sewing, milking, weaving, spinning, and other similar house-works. For thosewho can pay for servants, their servants free them from the burden of home duties. Women take part in social occasions and family entertainments,but they separate from men. On all occasions where both sexes take part,they remainsto be separated. According to Scharmann (Kakar, 1971), thedivision of men and women into two separate worlds is pronounced inAfghan society. In entering the world outside their homes, women are toveil themselves. They usually try to hide their faces from men, calling them "Namahram", though the exception was for women in upper class families,the number of which was very small. Afghan women are patriotic. They love their native land. That is whyAfghan women in time of war helped Afghan warriors in the battle fields byproviding services such as carrying supplies, removing bodies, helpingwounded soldiers, etc. For example, in the second Afghan war with theBritish, Maiden Malalyis known as the symbol of courage at Maiwand war.At present, women take an active part in defending the revolution. They areorganized in committees for such defense. Based on the paraphrasing of Wali M. Rahimi in his book Status of Women: Afghanistan that is supported by UNESCO, therefore it can be accepted that what things happen to the Woman in AtiqRahimi'sThe Patience Stone, is not only a kind of play of the plots of a fiction, but it can be related to the reflection of the reality world, where women are still living in the jail, they live in the armpits of men that are very rotten. HOW AL-QURAN VIEWS PATRIARCHY As a religion that is always involved in patriarchy, Islam actually seems to be like a scapegoat religion. By the showing from the first creature of Adam, the duty of men of being a leader and women should follow their husband, until the greater rights of wealth heritage. Those all constantly strike Islam as a religion that gives privilege to men rather than to women. This all happen, potentially from the miss understanding toward the interpretation of Al Quran.In Al Quran, the holly book of all Muslim, there is told some reason of those wrong perceptions. In a verse from Surah An-NAhl. There is written, Anyone who works righteousness, male or female, while believing, we will surely grant them a happy life in this world, and we will surely pay them their full recompense (on the Day of Judgment) for their righteous works(16:97). This is what is said as the equality of Men and Women. Both men and women are treated with same treatment, and those all based on what they do in the world with regardless what sex they have. Additionally, there are some verses and Surah that show Islam give similar position between men and women, and the difference of the two is not a hierarchal system, but difference of patching each other. This is very different to what patriarchy understands about, therefore, there is no reason to call Islam as patriarchal religion. SILENT VOICE This is a new term that will be a source of question, what does it mean? How can this term raise among all problems that this thesis emerges up? And many questions follow to trace with no end. However, this term is actually taken from the basic problem of the Woman, as the main character, in AtiqRahimi'sThe Patience Stone. The Woman faces problems of patriarchy system, she cannot do anything except following that system. She is just woman, and she has no voice to demonstrate what she feels, but, when her husband comes back in comate condition, she finally can utter everything she feels. Based on this fact, it can be said that the Woman has a chance to say what she feels from the comate condition of her husband, with that moment she says. She voices something, something that is always hidden and repressed. This repressed voice, finally can be seen as the silent voice, because silent literally mean cannot be uttered directly, it exists but it is not heard and listened, even it cannot be heard nor listened. The voice symbolically shows the heart, the feel, and experience. Therefore, it is completely seen as the silent voice of the Woman, definitely. DEPICTION OF PATRIARCHY'S HANDCUFF THROUGH THE WOMAN'S SILENT VOICE IN ATIQ RAHIMI'S THE PATIENCE STONE The things become the crucial issue in Atiq Rahimi's The Patience Stone is the problem that is faced by the Woman. The Woman here is unnamed character, she has a comate husband after taking back from the war. Here, the Woman delivers everything she has kept, hid, and buried. These feelings are blown up by what she utters to the "dead" husband. Here the conflict emerges as long she delivers it. To start it, the conflict can be rushed to the conflict where the Woman has a sex with her husband at the first night, 'Oh yes bleeding…I was lying to him, of course.' She glances keenly at the man, more mischievous than submissive. 'Just as I've lied to you…more than once!' she pulls her legs up to her chest and wedges her chin between her knees. 'But there is something I'd better tell you…' (Rahimi, 2010: 28). There is something different going wrong in this case. On the quotation, the Woman admits to her comate husband that she has been lying to him. What she lies, is the thing happens when they firstly sleep in gathering. Pulling the plot before, the man comes after homing from war. He is as nervous as the woman in facing the first having sex. Then, they finally have a sex. The Husband feels happy because he thinks that the woman is still virgin. The proof is, the blood melts down while the Husband penetrates his penis down. It is accepted because, in oriental countries, culture, women are like the special things. Therefore, the virginity of women is the crucial thing every man should have got. It can be thought carefully when it is compared with western culture. In western culture, a man and a woman can live together although they have not been married, but it is not accepted in mostly eastern culture, moreover in Afghanistan. To get it, men's culture construct a jail where women are prohibited to be out of house in order to make them saves of being not virgin. However, the blood that melts on the Woman's vagina is the blood of menstruation. The Husband does not know, and he does not want to know. The way the Husband does it, the way the Husband treats his wife with regardless the condition of the wife appears something. It is a kind of a force, the insisting seems that the Husband, as a man, has a power and right to do everything to the wife. This authority can be belonged to an action of domination of a man to his wife. Further explanation, the way these two creatures marry, is not in a proper equal right. What is meant by this statement is, the Woman marries to her husband in a condition where she has to be sit with a photo because the Husband in on process of war. That is the pity thing for every woman to marry with someone she never sees directly and physically. This marriage happens because the Woman is believed as a woman who has been already of being married. With regardless the love, the feeling, and the desire to marry, the Woman is insisted to marry. This is harsh thing, the hard thing for women to neglect it. Women are poisoned by this system, because if women try to make a move of changing it means that women have not been ruling the law, and it is considered as fighting to God's rule. As it can be mirrored directly that, this system, this marriage gives something pleasant for the men because they (men) do not have to be so serious in facing the marriage because they can represent their appearance, their existence, in the ceremony. Another fact is, when the Husband has a sex with the Woman, actually the Woman is in the period that means she has menstruation. However, what thing that can stick to every eye is the fact that the Husband firstly meet the Woman, his wife, three years after they marry.'When you and I went to bed for the first time after three years of marriage, remember! Anyway, that night, I had my period.' (Rahimi, 2010: 28).From the quotation above, it can be read unmistakably that the Woman meets her husband firstly after three years passed. This is added the explanation above that the Woman is jailed in the system of patriarchy. The Woman cannot break the rule, she has to follow the rule, she has to be laid down on the feet of a man. It can be imagined, how can a marriage is not attended by one of the couple? It is really strange and seemed not to be a fair marriage. Additionally, the Woman marries to her husband is caused by the time she has to marry. Moreover, her sister has been sold to a man because her father cannot pay the debt after being lost in his bet. After having a sex, the days after, the Husband should go to the war again. It means that he has to leave his wife again. The Woman, as a woman generally in the world, must feel sad of being left by the husband. Therefore, the Husband looks to be a pride thing for everyone in Afghanistan, because he struggles for nation, for religion, for Afghanistan. Although, what the Husband does is sacrificing the happiness of the Woman. This is the voice of the Woman in front of the comate Husband. She utters everything she feels, what she utters means that she has been keeping, holding, and defending her emotion and anger because of the relation with her husband. She marries with a man, and during the marriage, for ten years, she never speaks, she never does something husband-wife does generally such a chit-chatting, joking, giving romantically action, and other actions. The coming of the Husband is only run out by drinking, partying, and laughing with all his friend, then he wants to have sex with his husband, the Woman. Therefore, it means that the woman is only an object of sexuality, object to deliver the Husband desire of sexuality, the object that is only for satisfying his ambition of the desire. Within this context, within this culture that asks every woman to fulfill the desire of the husband, becomes the thing that can be good and bad. Generally, it is good for a normal relation that has good husband and wife. For example, the filling what husband desires can strengthen the relation of the two, between the husband and the wife. However, the context that the Woman faces is different. She is very seldom of meeting with his husband, she never speaks, talks, and make conversations. Then the Husband comes home, and wants to have sex after drinking and partying. Can it be looked as a duty for every woman in the world to fill what the husband wants? This is unfair thing. This is the thing that can slice the feel of every woman. Women are also creature, they are human being, they also have feeling and desire. They want to be felt, they want to treated humanely. If the Husband just want to throw out his desire and after that he goes off again. It makes the impression of the Woman that she just a whore of the man, she is just a slut of the Husband, she is only a harlot of his husband. This s irony, but this is what happens to the Woman in Atiq Rahimi's The Patience Stone. Because the setting is in Afghanistan, it can be reflected that something happens to the Woman, is what the things happen to some women in Afghanistan. Talking about Afghanistan, it must relate to the system they use. Afghanistan is a complicated country. Therefore, what can be inferred from the explanation has been noted in the understanding before about the position women in Afghanistan, is the women have no freedom to move, to express something, to say something such as "Excuse me, I want to divorce you." Or something like "Um… Sorry we need to discuss it before." The fate of women seems to have been robbed out. They do not have anything in the world, everything they want to say, everything they want to deliver based on what they feel, based on what they think is unfair, is unsaid, and it is kept in heart. What else that has to be said that this system is called as patriarchy system. Indeed, it is Islam, but it is longer used as what equality in Islam has been written on the holy Koran. This is caused by the wrong interpretation of human, the wrong interpretations are finally used as the culture, and for the God's sake, it is inherited. The Quran makes it clear that Women and Men are equal in the eyes of God. This is the weakness of human, to see something they always see it by what they can accept, although God has different point of view. One of the most misunderstood areas in Islam is the position, the situation, and the condition of women in the religion. The universal view in the West is that Muslim women are subjugated and almost seen as property or the object of men. Although, not all Muslims deal with that statement that women as inferior, this is unfortunately true in some segments of the Muslim world and this treatment is supposedly reasonable thing by the religion. However, when it is looked at the basis of the religion, the Quran, it can be seen a different picture. In the Quran God makes it very clear that men and women are equal. Their Lord responded to them: "I never fail to reward any worker among you for any work you do, be you male or female - you are equal to one another. Thus, those who immigrate, and get evicted from their homes, and are persecuted because of Me, and fight and get killed, I will surely remit their sins and admit them into gardens with flowing streams." Such is the reward from GOD. GOD possesses the ultimate reward. (3: 195). The only criterion for distinguishing among the people. Based on what those show, it can be articulated that God seems to have no distinguishing, or special thing to differ between men and women. The two can have sins, the two can hbe living in the paradise, the promised place. If the God seems to say that, why men creates their own understanding to control women in their armpits, is that a kind of breaking the rule of God whereas God say that there is no difference between men and women, the two can live in paradise and have sins. If the paradise is for good human, and men try to be good by slaving women, and women try to be good women by being slaved by men, is that a kind of justice? Men can live freely by slaving women in the world, and slaving is kind of joyful action. They do not have to be pregnant, they do not have to be working at house, wiping the shits of the baby, feeding the baby, menstruation, and busy of massaging their husband. If they (women) have to do so as their duty, they should have the same result of what they have done, the same right of not being slaved. They should have similarity, because of what they do for men are rightfully consisted of rights. However, men, the culture of men, the system of men, the wrong interpretation, makes them fall to the disgusting thinking about women. How can that clear verses be ignored? Why are women treated so poorly in some Muslim communities? The answer lies in the fact that those communities take other sources besides the Quran as the basis of their religion. There are many Hadiths that degrade women. In addition, the pre-Islamic cultures of much of the Muslim world do not value women and have little use for them. The following verses demonstrate this fact: Long and complicated, the tradition that brings and leads the system of men to mostly Muslim nations, here is Afghanistan. However, it can be traced that what makes this becomes the intimate problems of Afghanistan is their condition. Their variety of religion and the territorial that is surrounded by West and East culture makes them are easy to be got down, especially in their rule. Islam, where the verses are delivered beautifully, but it is interpreted wrongly, and makes the wrong system of men. There are difference between men and women, but the difference does not mean they are not equal. They have same duty and right, the same means to the effect rather than the direct meaning of duty, so does the right. However, this right does not longer exist for many women, and it can be represented by the Woman in AtiqRahimi. Again, she has to admit that to be married with the Husband is not what she wants. 'Your mother, with her enormous bust, coming to our place to ask for the hand of my younger sister. It wasn't her turn to get married. It was my turn. So your mother simply said, "no problem, we'll take her instead!", pointing her fleshy finger at me as I poured the tea. I panicked and knocked the pot over.' She hides her face in her hands.in shame, or to dispel the image of a mocking mother in law. 'as for you, you didn't even know this was happening. My father, who wanted nothing more, accepted without the slightest hesitation. He didn't give a damn that you weren't around! Who were you, really? No one knew. To all of us, you were just a title: the hero! And, like every hero, far away. Engagement to a hero was a lovely thing, for a seventeen year old girl. I said to myself. (Rahimi, 2010: 53—54). Here is told that the Woman does not have any right to choose which man she wants to be married to, because her mother selects the man for her. It shows that the power of parents is strongly grabbing the children, and the children that gets the bigger grab is woman. Women are considered as slow, weak, and brittle. Thus, it is not right if women are given a chance to choose men. Furthermore, the Women does not love the man she marries. It is a kind of insisting. Why should be woman? This is the patriarchy system, the system that control women. The more ironical thing happens to the Woman in Atiq Rahimi's The Patience Stone is, she marries with a man she never knows, and even in the marriage ceremony, she marries to a photo. '… they celebrated our engagement without the fiancé. Your mother said. "don't worry, victory is coming! It will soon be the end of the war, we will be free and my son will return!" Nearly a year later, your mother came back. Victory was still a long way off. "It's dangerous to leave a young, engagement woman with her parents for such a long time!" she said. And so I had to be married, despite your absence. At the ceremony, you were present in the form of photo and that wretched khanjar, which they put next to me in place of you. (Rahimi, 2010: 54). Based on the quotation above, it can be read obviously that the Woman marries to a man she never knows and during the marriage ceremony, she just sits next to a photo, not the man she marries to. This is an irony fact, the Woman must feel sad, besides the force of marrying the man she never knows, she must also feel sad of this moment. This is an unfair thing for woman, and can it be said that this is the fair thing for woman to marry with a photo? Furthermore, for years the Woman is not allowed to jostle, to join with a group, with neighbors, and friends. She has to be in home, doing everything in home. The home is like the jail of her, she is prohibited of talking to anyone. And I had to wait another three years. Three years! For three years I wasn't allowed to see my friends, or my family…it was not considered proper for a young married virgin to spend time with other married women. Such rubbish1 I had to sleep in the same room as your mother, who kept watch over me, or rather my chastity. And it all seemed so normal, so natural to everyone. To me, too! I didn't even know how lonely I was.' (Rahimi, 2010: 54). The way her mother in law treats her can be analogized that the Woman seems like a prisoner. She is forbidden to interact with the other side of the house, she has to sleep with her mother in law while the Husband is in war. The mother always keeps watching on her, and it is like a guard in the jail, and the woman is the prisoner. She is like a creature who is born to be kept watching, with no right to do, every move she makes is something her mother in law catches.When she is like a prisoner, she must be the fault one whether she is fine or doing a mistake. It is portrayed to this below quotation. Those all are what the Woman feels and it is portrayed in a conclusion where patriarchy system in Atiq Rahimi's The Patience Stone is drawn. The Woman is the representation of this portrayal, she feels in jail, she feels like a prisoner, no right and no freedom to move. She marries to a man she never knows, her sister becomes the stake of her father's bet, and she forced to be pregnant although the Husband is the unfertile one. She is insisted to meet someone like a priest to consult the pregnant, and the priest is actually a procurer. She is asked to get in a room, and a man with blindfolded penetrates her until she gets pregnant. The way her mother insists her to get pregnant with not knowing the condition of her son, makes the Woman has a baby from a man she does not know. This the cruel of the patriarchy, when women do not have any right to speak something, they are jailed, and the only one thing the Woman in the story can do is, delivering everything she feels to her comate husband. With a silent voice, she utters and posits herself. THE IMPACT OF THE WOMAN'S SILENT VOICE IN ATIQ RAHIMI'S THE PATIENCE STONE As the response of facing this problem, the Woman cannot do anything except telling the truth of what she feels, what she hides, what she wants to deliver, because she does not want to hurt anyone. Therefore, she wants to tell it to no one, besides that she must be afraid of telling what she feels because what she faces is the culture, the misunderstood religion, and social truth. This problem is delivered through this below quotation, she thinks that it is better to keep silent and to tell to no one. 'I never wanted anyone to know that. Never! Not even my sisters!' she leaves the room, upset. Her fears echo down the passage. 'He's driving me mad. Sapping my strength.Forcing me to speak.To confess my sins, my mistakes.He's listening to me. Hearing me.I'm sure of it. He wants to get to me…to destroy me!' (Rahimi, 2010: 60—61). This is what happens to the Woman's sister. Her sister is forced to marry, her father sells her sister because her father defeats in bet. However, what can the Woman do? She is just a woman, she has no voice, her voice is not to be heard or listened, she is just a creature that is created by not deliberation, therefore, woman should be in room, cooking, bearing baby, feeding baby, and doing "female" activity. She does not have to have something like man, like voicing voice. This shows that the Woman posits herself in a mute, in silence, and in the broken heart with no fight back. The culture has constructed them t be like this, silence and mute. This is the best position the Woman can replace because if she wants to break the rule, she must be destroyed, tortured, and punished by the law the men create. One of the best way, besides keeping silence, is telling the truth to God. When her husband is comate, the Woman always prays on her Husband. Her Husband is just comate, cannot respond, cannot do anything. A hand, a woman hand, is resting on his chest, rising and falling in time with his breath. The woman is seated. Knees pulled into her chest. Head sunk between her knees. In the other hand, the left, she holds a long string of black prayer beads. She moves them between her fingers, telling them. Silently.Slowly.In time with her shoulders. In time with the man's breath. Within reach, open at the flyleaf and placed on a velvet pillow, is a book, the Koran. Her plump, dry, pale lips are softly and slowly repeating the same word of prayer. (Rahimi, 2010: 2—3). This is what the Woman does, he prays for the Husband, although everyday it seems no worth, no use, and it even seems to be in vain. However, as a Good wife, she always prays, and never quits for stopping praying. This is the way the Woman posits herself, although she gets unfair life, although her life is grabbed by the system of men, although her happiness is robbed by the injustice, she just tries and keeps trying to be a good wife fro her evil Husband. The way the Husband keeps silence and receives all things the Woman tells, is analogized as the Patience Stone. It is the mythical stone for Muslim in Hajj, the stone that is very soft and can release all burden. Probably, this is why the Woman tells it to her comate Husband. There are so many internal conflicts the Woman faces, and she almost has a plan to leave her comate Husband. However, she is a god wife, and she is so sorry of having it. It is reflected on this below quotation. 'Forgive me', as she strokes his arm. 'I'm tired. At breaking point. Don't abandon me, you're all I have left.' She raises her voice : 'Without you, I have nothing. Think your daughters! What will I do with them? They're so young…' She stops stroking him. 'The Mullah won't come today,' she says with some relief (Rahimi, 2010: 14—15). In this quotation, it shown and portrayed that the Woman is almost surrendered, she almost quits, she is almost getting tiring. Her frustration is caused by the condition of the Husband that is not different days by days. However, she remembers about her daughter, and it adds something in her heart not to leave the Husband. Based on this fact it can be seen that the Woman is trying to posit herself in a god way, she is just trying to be a good wife, a good Muslim who works the rule of not leaving the Husband and doing everything for the Husband, although the Husband is in comate condition. This portrayal, is the form of faith, the Woman is really special woman, by the condition that can strike her, the situation that can make her angry, the experience that can make her has a revenge for the injustice, she keeps having a feeling to take care of her Husband. Then, the reflection of the Woman to posit herself is clearly seen b this quotation. As a good mother, the Woman also treats her children with lovely treatments. It is shown by this quotation below that shows that the children are not allowed to disturb the comate father. 'Don't be frightened, darling. I'm here.' The mother reassures her : 'I wasn't shouting. I was talking to your father.' They walk away from the door. 'Why are you calling my father Al-Qahhar? Is he cross?' 'No, but he will be if we disturb him.' The little girl falls silent (Rahimi, 2010: 17). The way the Woman asks to her children not to disturb their father who is comate shows that the Woman keeps the Husband, she does not want her Husband gets worse by the disturbing. This is showing the Woman posits herself in treating her Husband. Based on the experience when she has to marry with a photo, the experience where she has to be penetrated while she has menstruation, until her Husband's brothers who always spy the Woman while she takes a bath, she does not have any revenge. If she has, she must kill the Husband easily because the Husband is between the condition of dead and alive. He is comate, and it is very easy for everybody to kill him, no exce
Over the last decade, Conditional Cash Transfer (CCT) programs have become one of the most widely adopted anti-poverty initiatives in the developing world. Inspired particularly by Mexico's successful program, CCTs are viewed as an effective way to provide basic income support while building children's human capital. These programs have had a remarkable global expansion, from a handful programs in the late 1990s to programs in close to 30 countries today, including a demonstration program in the United States. In contrast to many other safety net programs in developing countries, CCTs have been closely studied and well evaluated, creating both a strong evidence base from which to inform policy decisions and an active global community of practice. This paper first reviews the emergence of CCTs in the context of a key theme in welfare reform, notably using incentives to promote human capital development, going beyond the traditional focus on income support. The paper then examines what has been learned to date from the experience with CCTs in the South and raises a series of questions concerning the relevance and replicability of these lessons in other contexts. The paper concludes with a call for further knowledge sharing in two areas: between the North and South as the experience with welfare reform and CCTs in particular expands, and between behavioral science and welfare policy.
Regulatory reform and competition policy are two important and inter-related areas of regulatory policy and public administration. Both can play a key role in improving the quality of regulation, and creating healthy and competitive markets and an attractive investment climate. This in turn leads to greater economic growth, employment and incomes. Part one of this paper discusses definitions and key issues associated with regulation, regulatory quality, and competition policy. This discussion focuses on competition policy as it relates to restrictions on competition and also pro-competitive regulation, which involves protecting consumers through economic regulation. Part two of this paper considers institutions and processes for implementing regulatory quality and competition policy agendas, including regulatory agencies, regulatory reform bodies, competition authorities and broader regulation-making processes. Part three notes the importance of assessing competition policy issues on a case-by-case basis and identifies the main objectives and features of competition policy. This includes a discussion about when competition policy issues are likely to play an important role in regulatory assessment and reform. Part four considers mechanisms for coordinating- where appropriate-competition policy and regulatory quality assessments, including undertaking competition assessments and providing advice to decision makers.
Using the most recent estimates of agricultural price distortions, this chapter studies the economic, poverty, and income inequality impacts of both global and domestic trade reform in Argentina, with a special focus on export taxes. Argentina offers an interesting case study as the only large agricultural exporter that has, at many points in its history, applied export taxes to several of its agricultural products. The chapter combines results from a global economy-wide model (World Bank's linkage model), a national computable general equilibrium (CGE) model, and micro-simulations. The results suggest that liberalization of world trade (including subsidies and import taxes, but not export taxes), both for agricultural and non-agricultural goods, reduces poverty and inequality in Argentina. However, if only agricultural goods are included, indicators for poverty and inequality do not improve and even deteriorate somewhat. This is particularly the case if export taxes are eliminated. The chapter discusses the possible reasons for those results, offers some caveats, and suggests some lines for further research.
What are the underlying rationales for industrial policy? Does empirical evidence support the use of industrial policy for correcting market failures that plague the process of industrialization? This article addresses these questions through a critical survey of the analytical literature on industrial policy. It also reviews some recent industry successes and argues that public interventions have played only a limited role. Moreover, the recent ascendance and dominance of international production networks in the sectors in which developing countries once had considerable success implies a further limitation on the potential role of industrial policies as traditionally understood. Overall, there appears to be little empirical support for an activist government policy even though market failures exist that can, in principle, justify the use of industrial policy.
Tese de Doutoramento em Antropologia, na especialidade de Antropologia da Saúde ; Anthropology, through a life course approach, provides a crossover of biological, social and cultural perspectives and approaches on health and disease, with an outstanding potential to provide data that might not be obtained by any other field of knowledge, intertwining in the multidirectional association between cultural, social, historical, political, economic and biological processes. This work focus on the effect caused by environmental stress on human health and longevity, using the life course model, through the study of a sample of skeletons from the Lisbon Identified Skeletal Collection (aka Luís Lopes Collection), referring to the early-19th to mid-20th centuries, deposited at the National Museum of Natural History and Science, University of Lisbon, Portugal - 679 subadults and adults born between 1806 and 1958 and died at Lisbon between 1880 and 1970 were available for study. Life course approach emphasizes the effect of environmental stress on the skeleton at different stages of life, by analyzing the interruption of normal development and growth of skeletal injuries, currently called stress markers. The information obtained in this analysis provides evidence to identify how and when environmental stress affects the skeleton, with more or less severity and how the skeleton reacts or recovers, and how it affects patterns of morbidity and mortality in later stages of life. As a way of establishing the connection between environmental stressors and the skeleton, several minor congenital defects of the sternum, vertebral column and skull base, cribra orbitalia, size of the neuro-vertebral canal and length of the femur and tibia are analyzed. This study is the first to test the association between vertebral neural canal size and age-at-death in a collection of Portuguese skeletons, of individuals with known sex, age-at death, year of birth and cause of death. Age-at-death is negatively associated with the size of the neural vertebral canal in several cervical, thoracic and lumbar vertebrae. However, this association ceases to exist when the confounding variables: year of birth and cause of death are added to the models as covariates. The results appear to be consistent with the plasticity and constraint model before the introduction of covariates and with the predictive adaptive response model after the inclusion of covariates in the analysis. The predictive adaptive response model defends that, in the womb, the organism makes a prediction about the environment in which it will be inserted later in life, according to the clues it receives, and adapts itself to this future environment, not only for its immediate survival, but also to be better prepared for later living conditions. Later in life, when there is a mismatch between predictions made in the womb and conditions in real life, it will result in greater susceptibility to certain chronic diseases. In the plasticity and constraint model, uterine changes resulting from environmental stress factors have the sole function of immediate survival, and will have harmful effects on morbidity and mortality in more advanced stages of life, regardless of whether or not there is an environment similar to that the organism had in the womb. None of the birth defects of the sternum and spine analyzed in this study has a statistically significant relationship with sex and age-at-death. Sex differences in the characteristics studied are not very common; therefore, the absence of statistically significant differences between sexes was expected. The absence of differences in age-at-death is also consistent with other studies. The absence of statistically significant differences in sex and age-at-death between individuals with and without these birth defects, makes them useful for biological distance studies, but not as suitable as stress markers. It would be expected that individuals with birth defects would have been exposed to any type of stressful event (for example, exposure to toxic substances, inadequate consumption of nutrients) during embryogenesis, which would affect life-long morbidity and mortality. Still, even if these defects do not affect longevity, it does not necessarily mean that they are not markers of stress. If the predictive adaptive response theory is correct, then individuals subject to stressful events early in life are better prepared to deal with stressful events later in life, which would counteract the expected effect of decreasing longevity. The study of a possible association between congenital defects of the sternum, vertebral column and skull base with cribra orbitalia, vertebral neural canal sizes and femur and tibia length, presents more promising results, regarding the possibility of using some of these defects as stress markers. Hyperplasia of the sternum is related to the antero-posterior and transverse diameters of the neuro-vertebral channels of the thoracic vertebrae in men, but each of these correlations has an opposite direction. Men with sternum hyperplasia have narrower anteroposterior diameters and wider transverse diameters. A narrower anteroposterior diameter may be associated with a hostile environment early in life leading to the presence of sternal hyperplasia, whereas a wider transverse diameter may be linked to an improvement in the environment during late childhood and adolescence, allowing growth recover. Therefore, the use of sternum hyperplasia as a stress marker may be defensible, although further studies are needed to corroborate this association. The double hypoglossal canal is related to the transverse diameters in the thoracic vertebrae in women. Women with a double hypoglossal canal tend to have narrower transverse diameters. Of all the birth defects analyzed, the double hypoglossal canal is the most promising for use as a stress marker. Sex differences can be explained by considering that males, during growth, are culturally more protected from adverse conditions than females. Finally, an exhaustive analysis of the entire collection is made regarding the presence and variability of the hypoglossal canal. The gross prevalence of double hypoglossal canal fits within the normal parameters of variation of this characteristic when compared with results from other collections. However the gross prevalence of global variants in the hypoglossal canal (partial bridging, double and triple hypoglossal canal) is 32.4%. None of the variants of the hypoglossal canal shows any difference in sex or laterality. The main findings of this study allow to infer that environmental stress is negatively associated with age-at-death, even though the association of stress and skeletal markers is not always straightforward, possibly hindered by phenomenon such as catch-up-growth associated with slight improvements in socio-economic status during childhood and adolescence. Some minor congenital defects might have the potential to be used as stress markers, namely sternum hyperplasia and double hypoglossal canal. ; A antropologia, através de uma perspectiva de história de vida, fornece um cruzamento de perspetivas e abordagens biológicas, sociais e culturais sobre saúde e doença, com potencial para fornecer dados que não poderiam ser obtidos por outro campo do conhecimento, entrelaçando-se na associação multidirecional entre processos culturais, sociais, históricos, políticos, económicos e biológicos. Este trabalho foca-se no efeito causado pelo stresse ambiental na saúde e longevidade humana, usando o modelo de história de vida, através do estudo de uma amostra de Esqueletos Identificados da Coleção de Lisboa, referente ao início do século XIX até meados do século XX, depositada no MUNHAC a, Universidade de Lisboa, Portugal - 679 subadultos e adutos nascidos entre 1806 e 1958 e falecidos em Lisboa entre 1880 e 1970 estão disponíveis para estudo. A abordagem de história de vida enfatiza o efeito do stresse ambiental sobre o esqueleto em diferentes fases da vida, por meio da análise da interrupção do desenvolvimento e crescimento normal e das lesões esqueléticas(i.e. marcadores de stresse). O desenvolvimento e o crescimento são dois processos distintos, mas indissociáveis. O crescimento é fundamentalmente uma transformação quantitativa, na qual a multiplicação das células resulta em mudanças contínuas no tamanho do ser humano. Já o desenvolvimento incorpora transformações quantitativas e qualitativas e refere-se à maturação biológica de órgãos e tecidos. Embora o crescimento e o desenvolvimento não possam ser dissociados e atuem em simultaneamente, os fatores de stresse ambiental podem afetar ambos ou apenas um dos processos. As informações obtidas nessa análise fornecem evidências para identificar como e quando o stresse ambiental afeta o esqueleto, com maior ou menor severidade e como o esqueleto reage ou recupera, e a forma como isso afeta os padrões de morbidade e mortalidade em fases mais avançadas da vida. Desta forma, este estudo pretende contribuir para a ampliação do conhecimento sobre os efeitos do stresse ambiental no esqueleto e as suas consequências na longevidade, seguindo o modelo de história de vida. A perspectiva de história de vida baseia-se no pressuposto de que o trajeto de vida dos indivíduos só pode ser compreendido no contexto cultural, histórico, social e político em que vivem e resulta da acumulação de todos os eventos passados. Como forma de estabelecer a ligação entre os fatores de stresse ambiental e o esqueleto, são analisados diversos defeitos congénitos do esterno, coluna vertebral e base do crânio, cribra orbitalia, tamanho do diâmetro do canal neuro-vertebral e comprimento do fémur e da tíbia. Este estudo é o primeiro a testar a associação do tamanho do canal neural vertebral com a idade-à-morte numa coleção de esqueletos portuguesa composta por indivíduos para os quais se conhece o sexo, a idade-à-morte, o ano de nascimento e a causa da morte. A idade-à-morte está negativamente associada ao tamanho do canal neuro-vertebral em diversas vértebras cervicais, torácicas e lombares. No entanto, essa associação deixa de existir quando as variáveis confundidoras: ano de nascimento e causa do óbito são adicionadas aos modelos como covariáveis. A inclusão das covariáveis nas análises, provavelmente explica as diferenças observadas entre os resultados obtidos no presente estudo e estudos anteriores, que encontraram uma associação negativa entre os diâmetros dos canais neuro-vertebrais e a idade-à-morte. Os resultados parecem consistentes com o modelo de plasticidade e restrição antes da introdução das covariáveis e com o modelo de resposta adaptativa preditiva após a inclusão das covariáveis na análise. O modelo de resposta adaptativa preditiva defende que, no útero, o organismo faz uma "previsão" sobre o ambiente em que estará inserido mais tarde na vida, de acordo com as pistas que recebe, que lhe confere características adaptativas nesse ambiente futuro. Mais tarde na vida, na presença de uma incompatibilidade entre as previsões feitas no útero e as condições da vida real, isso resultará numa maior suscetibilidade a certas doenças crónicas. No modelo de plasticidade e restrição, as alterações uterinas decorrentes de stresse ambiental têm como função a sobrevivência imediata, e terão efeitos nefastos sobre a morbilidade e mortalidade em fases mais avançadas da vida, independentemente de haver ou não um ambiente semelhante ao que o organismo tinha no útero. Como um pequeno diâmetro de canais neuro-vertebrais tem impacto mínimo na longevidade, pode-se supor que a previsão feita pelo organismo no início da vida mostrou se correta. Embora as condições de vida possam ter piorado durante esse período, em Lisboa, sempre foram bastante adversas. No entanto, o desfecho mais significativo é a influência do ano de nascimento e da causa do óbito nos resultados. As condições de vida em Lisboa deterioraram-se entre os séculos XIX e XX, tanto para homens como para mulheres, e a morte por doença infeciosa foi um fator determinante para a morte prematura na amostra feminina. O canal neuro-vertebral captura as condições de vida durante a infância. No entanto, a espécie humana tem uma longa esperança de vida e a acumulação de risco ao longo da mesma, que pode contribuir para a mortalidade precoce, adulterando a expectável relação direta entre o tamanho do canal neuro-vertebral e a idade-à-morte. Pesquisas adicionais são necessárias para identificar outras potenciais variáveis confundidoras que podem desempenhar um papel importante na associação entre fatores de stresse no início da vida e mortalidade prematura. A falta de informações sobre a situação socioeconómica ao nascer e das mulheres (a maioria registada como "doméstica), não permite uma compreensão robusta do contexto em que esses indivíduos viveram e impede-nos de adotar uma abordagem holística da história de vida. No entanto, a trajetória histórica da coleção aqui examinada permite inferir que a maioria dos indivíduos nasceu e viveu num contexto de privação, enfrentando carências nutricionais e doenças. Nenhum dos defeitos congénitos analisados tem uma relação estatisticamente significativa com o sexo e a idade-à-morte. As diferenças de sexo nas características estudadas não são muito comuns, portanto, a ausência de diferenças estatisticamente significativas entre os sexos era expectável e é consentânea com outros estudos. A ausência de diferenças estatisticamente significativas em relação ao sexo e idade-à-morte entre indivíduos com e sem estes defeitos congénitos, torna-os úteis para estudos de distância biológica, mas não tão adequados como marcadores de stresse. Seria expectável que indivíduos com defeitos congénitos tivessem sido expostos a stresse ambiental (e.g. exposição a substâncias tóxicas, consumo inadequado de nutrientes) durante a embriogénese, que afetaria a morbidade e mortalidade no decorrer da vida. Mesmo que esses defeitos não afetem a longevidade, não significa que não sejam marcadores de stresse. Se a teoria da resposta adaptativa preditiva estiver correta, então os indivíduos sujeitos a eventos stressantes no início da vida estão melhor preparados para lidar com eventos stressantes mais tarde na vida, o que neutralizaria a expectável diminuição da longevidade. A mortalidade seletiva e a heterogeneidade ao nível individual no risco de morbidade e mortalidade, desconstrói uma associação direta entre a presença de um marcador de stresse e a diminuição da longevidade. O estudo da possível associação entre defeitos congénitos do esterno, coluna vertebral e base do crânio e cribra orbitalia, diâmetro dos canais neuro-vertebrais e comprimento do fémur e da tíbia, apresenta resultados mais promissores, quanto à possibilidade de utilização de alguns destes defeitos como marcadores de stresse. A hiperplasia do esterno está relacionada com os diâmetros ântero-posterior e transversal dos canais neuro-vertebrais das vértebras torácicas, nos homens, mas, cada uma dessas correlações tem uma direção oposta. Homens com hiperplasia do esterno têm diâmetros ântero-posterior mais estreitos e diâmetros transversais mais largos. Considerando que os diâmetros ântero-posterior completam o seu crescimento, aproximadamente aos 4 anos de idade, e os diâmetros transversais podem continuar a crescer até aos 15-17 anos, é possível que um diâmetro ântero-posterior mais estreito esteja associado a um ambiente hostil no início da vida; e um diâmetro transversal mais amplo pode estar ligado a uma melhoria no ambiente durante o final da infância e adolescência, permitindo a recuperação do crescimento. Portanto, o uso da hiperplasia do esterno como marcador de stresse pode ser defensável, embora mais estudos sejam necessários para corroborar essa associação. O canal hipoglosso duplo está relacionado com os diâmetros transversais nas vértebras torácicas, nas mulheres. Mulheres com canal hipoglosso duplo tendem a ter diâmetros transversais mais estreitos. De todos os defeitos congénitos analisados, o canal hipoglosso duplo é o mais promissor para uso como marcador de stresse. As diferenças de sexo podem ser explicadas considerando que os rapazes, durante o crescimento são culturalmente mais protegidos das condições adversas do que as raparigas. Por último, faz-se uma análise de toda a coleção quanto à variabilidade do canal hipoglosso. A prevalência do canal hipoglosso duplo enquadra-se nos parâmetros normais de variação dessa característica quando comparada com resultados de outras coleções. A prevalência das variantes globais (divisão parcial do canal hipoglosso, canal hipoglosso duplo e triplo no canal hipoglosso é de 32,4%. Nenhuma das variantes apresenta diferença de sexo ou lateralidade. Os resultados deste estudo permitem inferir que o stresse ambiental está negativamente associado à idade-à-morte, embora a associação entre stresse e marcadores esqueléticos nem sempre seja direta, possivelmente afetada por fenómenos como o catch-up-growth associado a melhorias no estatuto socioeconómico durante a infância e adolescência. Alguns defeitos congénitos podem ter potencial para serem usados como marcadores de stresse (hiperplasia do esterno, canal hipoglosso duplo). ; N/A
Relevance of the research. Recognition and education of children and teenagers gifted in sporting activity is an important part of the attainment of particular results in sports. Identification of children and teenagers gifted for sports is a process, when athletes are recognised at the early stage of their development and have a possibility to attain high results in adulthood (Williams, Reilly, 2000; Vaeyens, Lenoir, Williams, Philippaerts, 2008). It means that individually or in combination, their physical, physiological, psychological and social features, as well as technical capabilities can help to predict their potential in the future (Williams, Reilly, 2000). Some scientists maintain that aiming to achieve high results in sports gifted athletes should be selected by appropriate methods at an early age and involved into a long and systematically planned training (Sevim, 2007; Bompa, Haff, 2009). However, recognition of young gifted athletes is a complex process, since the results of teenagers' physical development, as well as their value-based provisions, attitudes and motives change in the process of growing and development (Callender, 2010; Gonçalves, Rama, Figueriredo, 2012). According to some scientists (Byrne, Davenport, Mazanov, 2007), adolescence is a specific and rather complicated age period, when rapid and big changes occur not only in physical development, but also in psycho-social maturity. Therefore, recognition and selection of children and teenagers gifted for sports is a multi-faceted process, when it is important not only to evaluate an athlete's present appearance considering their physical, physiological, psychological, cognitive and sociological features, and technical capacities, but also evacuating such important aspects as social, emotional, motivational and temperamental factors (Pruna, Tribaldos, Bahdur, 2018). Whether the talents will be disclosed depends not only on an athlete's innate capabilities, but also on the educational factors affecting them. A great influence is made by the coach and educational environment created by the school, which allows developing and growing an athlete's personality (Williams, Reilly, 2000; Pensgaard, Roberts, 2002). However, it is not the school that affects the educational environment and motivational climate. The attitude of family members towards physical activity, their support for an athlete, the coach and his/her ability to appropriately plan the training content, teammates, facilities, attention from the media and other people, as well as values and social provisions also contribute to this process (Hassandra, Goudas, Chroni, 2003; Lenzen, Brouwers, Dejardin et al., 2004). An effective programme of the identification of children and teenagers gifted for sports can help to recognize talents at an early stage, which can become a vitally important element when trying to enhance successful competitiveness of the country (Vaeyens, Gullich, Warr, Philippaerts, 2009). The programmes of the identification of children and teenagers gifted for sports facilitate the process of athlete selection, which maximizes the number of gifted persons (Anshel, Lidor, 2012). Early recognition of gifted athletes can attract funding and training opportunities for athletes having the greatest potential for success (Durand-Bush, Salmela, 2001). Countries are concerned with creating research-based methods to select the most gifted athletes that could successfully compete on the international sports arena. Over the past two decades, the increasing number of studies have been accomplished trying to understand the issues concerning experience in the identification and education of children and teenagers gifted for sports (Williams, Reilly, 2000; Abbott, Button, Pepping et al., 2005; De Bosscher, De Knop, Van Bottenburg, Shibli, 2006; Pearson, Naughton, Torode, 2006; Lidor, Cote, Hackfort, 2009; Anshel, Lidor, 2012; Roth, 2012; Brouwers, De Bosscher, Sotiriadou, 2012; Nijs, Gallardo-Gallardo, Dries, Sels, 2014; Swann, Moran, Piggott, 2015). However, despite considerable achievements in the process of identification of children and teenagers gifted for sports, a universally recognized model of the identification of children and teenagers gifted for sports does not exist Hohmann, 2001; Abbott, Collins, 2004; Vaeyens, Lenoir, Williams, Philippaerts, 2008; Davids, Araujo, Vilar, Pinder, 2013; Louzada, Maiorano, Ara, 2016). There are cases when decisions concerning the selection of athletes are made subjectively, without scientific validation (Regnier, Salmela, Russell, 1993; Williams, Franks, 1998; Abbott, Button, Pepping, Collins, 2005), whereas a lot of potentially gifted athletes are not selected due to inappropriate selection criteria or applying no selection criteria at all, as well as due to athletes changing a sports branch or a large number of drop-outs from sports (Abbott, Collins, 2004; MacNamara, Collins, 2011; Tranckle, Cushion, 2006; Winfried, 2001). It is important that children and teenagers get interested in sports, are selected to appropriate sport branches, as well as attempts are made so that they do not break their sporting career too early (Schiffer, 2013); every year approximately 35% of young athletes quit sports and it is not clear if they ever resume their sporting activity again (Purcell, 2005; Breunner, 2012). Therefore, the application of these selection criteria and a large drop-out of athletes from sports can be partly justified in countries with high population. The principle of natural selection can have a greater influence. In the case of a small country (for instance, Lithuania), such a selection is not suitable. Trying to avoid subjectivity, the majority of the latest scientific studies in sports science are related to the investigation of the influence of innate (natural) and acquired (educated) features on sporting results (Baker, Bagats, Büsch, Schorer, 2012; Coutinho, Mesquita, Fonseca, De Martin-Silva, 2014; Davids, Baker, 2007). With the increasing competition among athletes over the past period (De Bosscher et al., 2006) and sports becoming a political and commercial phenomenon (Green, Oakley, 2001), there appears a necessity for timely and appropriate choice of a specific branch of sports, which would help to achieve good results in the future. Different methods and programmes of selecting the most capable athletes are applied all over the world. In the majority of countries, selection models consisting of several stages are applied, which rely on a coach's competence, test results and analysis of competition results, whereas the selected athletes are invited to learn and do sports in specialised schools. Similarly to some other countries, in Lithuania concern about (self-) education of children gifted for sports has led to the emergence of sports gymnasiums. Panevėžys Raimundas Sargūnas Sports Gymnasium is one of the three general education schools of Lithuania that implement basic and general education alongside with sports education, and in which a part of sports education in the field of specialized education aims at training students that have special educational needs due to their giftedness in sports for high excellence and results (Order No. V-1010 of the Minister of Education and Science of the Republic of Lithuania, 24 October 2014). The programme outlines the knowledge, abilities and attitudes that athletes should acquire to comply with physical, technical, tactical requirements, as well as requirements for fitness and achievements. The purpose of Panevėžys Raimundas Sargūnas Sports Gymnasium gives a possibility to analyse the gymnasium as a case revealing the aspects of the selection of teenagers gifted for sports, which can help to better understand what educational preconditions are created and how to select teenagers gifted for sports and to disclose their talents, as well as to help create and improve practical models for schools educating teenagers gifted for sports. Therefore, the research question was formulated: how does the selection of teenagers gifted for sports occur and how are the educational preconditions for the selection of teenagers gifted for sports created? The problem-based question and the fact that a universal and effective model of the selection of children and teenagers gifted for sports does not exist, highlight the research object, i. e. the selection of teenagers gifted for sports. The aim of the research is to reveal the educational preconditions for the selection of teenagers gifted for sports. The research objectives: 1. To theoretically validate the educational preconditions for the selection of teenagers gifted for sports. 2. To identify the educational factors and notice of the choice of sporting activity by athletes. 3. To explore the physical and functional fitness of athletes and its dynamics. 4. To determine the attitudes of athletes as educational preconditions for the selection of teenagers gifted for sports. 5. To determine the attitudes of coaches as educational preconditions for the selection of teenagers gifted for sports. Scientific novelty and practical significance of the doctoral research ● The validated educational factors that influence the selection of teenagers gifted for sports allow better understanding of the factors of choosing a sporting activity and survival in sports as educational preconditions for the development of capabilities. ● The determined dynamics of physical and functional fitness of teenage athletes in an educational environment beneficial to the development of their innate capabilities for sports helps to understand the dynamics and multi-dimensionality of the selection of teenagers gifted for sports as a process, as well as problematic control of its components when identifying and developing their capabilities. The case of one of the three sports gymnasiums of Lithuania has been explored in terms of the selection of teenagers gifted for sports – such studies have not been performed in Lithuania so far. ● The results of the theoretical and empirical research complement the theory of sports science with innovative and original data on the expression of the educational preconditions affecting the selection of teenagers gifted for sports. Practical significance. The educational preconditions for the selection of teenagers gifted for sports that affect athletes' decision to choose a sporting activity from other spheres of supplementary education have been analysed and generalised. The determined peculiarities of motivation will help coaches to select appropriate pedagogical and psychological tools to motivate athletes to seek for high results in sports. The educational factors stimulating and aggravating athletes' selection and motivation to seek for high results in sports have been distinguished during the research, the role of a coach as one of educational factors has been revealed in the process of selecting and training athletes – these findings will allow a more purposeful planning of the (self-) development of coaches' competences and provision of all the necessary support concerning the selection of athletes to them. The analysis of the changes in the results of athletes' physical and functional fitness will give a possibility to make a more thorough selection of teenagers gifted for sports to 12 sports branches, as well as to train them more purposefully and effectively for national and international competitions. The research data can be applied in compiling model characteristics of different age periods and different sports branches by specifying training programmes and evaluating the changes in athletes' individual fitness. The research results can be used by the administration, coaches and other employees of athletes' educational centres, federations and sports schools. CONCLUSIONS 1. The search and selection of gifted children is a complex, dynamic, long-lasting, and special educational process that depends on a variety of factors interacting and constantly changing in the process. The factors influencing the selection and results in the sporting activity can be divided into four groups: genetic-physiological, psychological, social, and educational factors. The genetic potential, anthropometric data and physical abilities are essential indicators for the identification and selection of teenagers gifted for sports. Psychological features, such as perseverance, self-confidence, positive attitude, devotion, dedication, strong intrinsic motivation, concentration, attentiveness, and emotional control, are important in selecting gifted teenagers. Social factors include sports policy, culture, natural conditions, geographical location of the country, various opportunities, specific tendencies in the development of modern sports, and support rendered to the participants of the educational process. Educational factors – educational environments, parent support, practice, the coach and teammates, have an educational impact on athletes and can influence their decision making, motivation, habits, training and skills.Therefore, the selection of gifted teenagers should be specific to each sports branch and include a multi-disciplinary approach when clearing out athletes' motives, the attitudes of athletes and coaches, as well as implementing the monitoring athletes. 2. Regardless of gender and a group of sports branches, the main factors that motivate the choice of sports activities include educational (motivation of the coach, parents and friends) and internal cognitive motives (desire to master a sports technique). The least important motives involve material (possession of own inventory, good facilities for training), geographical (a sports school close to home), not being admitted into another sports branch, or lack of other choices. The choice of a sport from other areas of supplementary education is determined by a desire to be physically fit and a desire to engage in leisure activities. The least important motives are the desire to become famous and the desire to be attractive. Intrinsic motivation is more pronounced than extrinsic.The boys' external motivation is stronger than that of girls. Amotivation is more characteristic of the girls. The internal and external motivation is more expressed by the athletes of team sports; external motivation in individual sports appears to be the weakest, whereas the weakest intrinsic motivation and the strongest amotivation is revealed in duelling sports. 3. The results of physical development, physical fitness and functional capacity of stronger athletes are not always statistically significantly different from those of other athletes or control group athletes. A part of the indicators of stronger athletes are better, which leads to an assumption that alongside with psychosocial abilities, social factors, educational factors, and high motivation, they are essential to achieve high results. The correlation study reveals which indicators need to be taken into account and developed when selecting teenagers gifted for sports and achieving high results. 4. The most important factors for teenagers' decision to start doing sports and choose a sports branch include the surrounding environment, where the most important roles are ascribed to the coach, family members and friends. The genetic-physiological and psychological factors that are affected by the coaching and environmental factors are considered as the main factors determining success in sports. The coach is identified as the most important educational factor in the selection of gifted teenagers, whereas a favourable climate, motivating influence of the coach, his/her competence and ideal conditions help to disclose the athletes' talents and achieve high results. While choosing a sport and training, the self-educational factor is distinguished seeking to change oneself, as well as to change own or others' future relating it to sports. The factors that reduce the motivation of athletes and thus prevent the full potential of talented athletes, as well as leading them to end their sporting careers are highlighted: stabilisation of their progress in the results, injuries and high loads of physical activity. 5. The coaches distinguish the importance of psychological and physiological factors in selecting teenagers gifted for sports. The coaches consider the teenagers to be prospective athletes who have a strong internal and external motivation to train, innate capabilities, and physical abilities that are influenced by environmental factors, coaching competence, and practice. The role of the coach as the most important educational factor is highlighted in the search for gifted athletes among those already in the sport or referring to the competence of other coaches, recommending athletes who can achieve higher results in other sports branches. Identifying gifted teenagers-athletes, the coaches look for dedicated, hardworking and goal-seeking athletes with strong motivation. Family members and peers are recognised as educational factors that have a significant impact on athlete selection. The research also highlights the problems faced by coaches in the selection process. These are physiological and psychological changes in the body and the priorities of teenage athletes, which are influenced by their surrounding environment.
Relevance of the research. Recognition and education of children and teenagers gifted in sporting activity is an important part of the attainment of particular results in sports. Identification of children and teenagers gifted for sports is a process, when athletes are recognised at the early stage of their development and have a possibility to attain high results in adulthood (Williams, Reilly, 2000; Vaeyens, Lenoir, Williams, Philippaerts, 2008). It means that individually or in combination, their physical, physiological, psychological and social features, as well as technical capabilities can help to predict their potential in the future (Williams, Reilly, 2000). Some scientists maintain that aiming to achieve high results in sports gifted athletes should be selected by appropriate methods at an early age and involved into a long and systematically planned training (Sevim, 2007; Bompa, Haff, 2009). However, recognition of young gifted athletes is a complex process, since the results of teenagers' physical development, as well as their value-based provisions, attitudes and motives change in the process of growing and development (Callender, 2010; Gonçalves, Rama, Figueriredo, 2012). According to some scientists (Byrne, Davenport, Mazanov, 2007), adolescence is a specific and rather complicated age period, when rapid and big changes occur not only in physical development, but also in psycho-social maturity. Therefore, recognition and selection of children and teenagers gifted for sports is a multi-faceted process, when it is important not only to evaluate an athlete's present appearance considering their physical, physiological, psychological, cognitive and sociological features, and technical capacities, but also evacuating such important aspects as social, emotional, motivational and temperamental factors (Pruna, Tribaldos, Bahdur, 2018). Whether the talents will be disclosed depends not only on an athlete's innate capabilities, but also on the educational factors affecting them. A great influence is made by the coach and educational environment created by the school, which allows developing and growing an athlete's personality (Williams, Reilly, 2000; Pensgaard, Roberts, 2002). However, it is not the school that affects the educational environment and motivational climate. The attitude of family members towards physical activity, their support for an athlete, the coach and his/her ability to appropriately plan the training content, teammates, facilities, attention from the media and other people, as well as values and social provisions also contribute to this process (Hassandra, Goudas, Chroni, 2003; Lenzen, Brouwers, Dejardin et al., 2004). An effective programme of the identification of children and teenagers gifted for sports can help to recognize talents at an early stage, which can become a vitally important element when trying to enhance successful competitiveness of the country (Vaeyens, Gullich, Warr, Philippaerts, 2009). The programmes of the identification of children and teenagers gifted for sports facilitate the process of athlete selection, which maximizes the number of gifted persons (Anshel, Lidor, 2012). Early recognition of gifted athletes can attract funding and training opportunities for athletes having the greatest potential for success (Durand-Bush, Salmela, 2001). Countries are concerned with creating research-based methods to select the most gifted athletes that could successfully compete on the international sports arena. Over the past two decades, the increasing number of studies have been accomplished trying to understand the issues concerning experience in the identification and education of children and teenagers gifted for sports (Williams, Reilly, 2000; Abbott, Button, Pepping et al., 2005; De Bosscher, De Knop, Van Bottenburg, Shibli, 2006; Pearson, Naughton, Torode, 2006; Lidor, Cote, Hackfort, 2009; Anshel, Lidor, 2012; Roth, 2012; Brouwers, De Bosscher, Sotiriadou, 2012; Nijs, Gallardo-Gallardo, Dries, Sels, 2014; Swann, Moran, Piggott, 2015). However, despite considerable achievements in the process of identification of children and teenagers gifted for sports, a universally recognized model of the identification of children and teenagers gifted for sports does not exist Hohmann, 2001; Abbott, Collins, 2004; Vaeyens, Lenoir, Williams, Philippaerts, 2008; Davids, Araujo, Vilar, Pinder, 2013; Louzada, Maiorano, Ara, 2016). There are cases when decisions concerning the selection of athletes are made subjectively, without scientific validation (Regnier, Salmela, Russell, 1993; Williams, Franks, 1998; Abbott, Button, Pepping, Collins, 2005), whereas a lot of potentially gifted athletes are not selected due to inappropriate selection criteria or applying no selection criteria at all, as well as due to athletes changing a sports branch or a large number of drop-outs from sports (Abbott, Collins, 2004; MacNamara, Collins, 2011; Tranckle, Cushion, 2006; Winfried, 2001). It is important that children and teenagers get interested in sports, are selected to appropriate sport branches, as well as attempts are made so that they do not break their sporting career too early (Schiffer, 2013); every year approximately 35% of young athletes quit sports and it is not clear if they ever resume their sporting activity again (Purcell, 2005; Breunner, 2012). Therefore, the application of these selection criteria and a large drop-out of athletes from sports can be partly justified in countries with high population. The principle of natural selection can have a greater influence. In the case of a small country (for instance, Lithuania), such a selection is not suitable. Trying to avoid subjectivity, the majority of the latest scientific studies in sports science are related to the investigation of the influence of innate (natural) and acquired (educated) features on sporting results (Baker, Bagats, Büsch, Schorer, 2012; Coutinho, Mesquita, Fonseca, De Martin-Silva, 2014; Davids, Baker, 2007). With the increasing competition among athletes over the past period (De Bosscher et al., 2006) and sports becoming a political and commercial phenomenon (Green, Oakley, 2001), there appears a necessity for timely and appropriate choice of a specific branch of sports, which would help to achieve good results in the future. Different methods and programmes of selecting the most capable athletes are applied all over the world. In the majority of countries, selection models consisting of several stages are applied, which rely on a coach's competence, test results and analysis of competition results, whereas the selected athletes are invited to learn and do sports in specialised schools. Similarly to some other countries, in Lithuania concern about (self-) education of children gifted for sports has led to the emergence of sports gymnasiums. Panevėžys Raimundas Sargūnas Sports Gymnasium is one of the three general education schools of Lithuania that implement basic and general education alongside with sports education, and in which a part of sports education in the field of specialized education aims at training students that have special educational needs due to their giftedness in sports for high excellence and results (Order No. V-1010 of the Minister of Education and Science of the Republic of Lithuania, 24 October 2014). The programme outlines the knowledge, abilities and attitudes that athletes should acquire to comply with physical, technical, tactical requirements, as well as requirements for fitness and achievements. The purpose of Panevėžys Raimundas Sargūnas Sports Gymnasium gives a possibility to analyse the gymnasium as a case revealing the aspects of the selection of teenagers gifted for sports, which can help to better understand what educational preconditions are created and how to select teenagers gifted for sports and to disclose their talents, as well as to help create and improve practical models for schools educating teenagers gifted for sports. Therefore, the research question was formulated: how does the selection of teenagers gifted for sports occur and how are the educational preconditions for the selection of teenagers gifted for sports created? The problem-based question and the fact that a universal and effective model of the selection of children and teenagers gifted for sports does not exist, highlight the research object, i. e. the selection of teenagers gifted for sports. The aim of the research is to reveal the educational preconditions for the selection of teenagers gifted for sports. The research objectives: 1. To theoretically validate the educational preconditions for the selection of teenagers gifted for sports. 2. To identify the educational factors and notice of the choice of sporting activity by athletes. 3. To explore the physical and functional fitness of athletes and its dynamics. 4. To determine the attitudes of athletes as educational preconditions for the selection of teenagers gifted for sports. 5. To determine the attitudes of coaches as educational preconditions for the selection of teenagers gifted for sports. Scientific novelty and practical significance of the doctoral research ● The validated educational factors that influence the selection of teenagers gifted for sports allow better understanding of the factors of choosing a sporting activity and survival in sports as educational preconditions for the development of capabilities. ● The determined dynamics of physical and functional fitness of teenage athletes in an educational environment beneficial to the development of their innate capabilities for sports helps to understand the dynamics and multi-dimensionality of the selection of teenagers gifted for sports as a process, as well as problematic control of its components when identifying and developing their capabilities. The case of one of the three sports gymnasiums of Lithuania has been explored in terms of the selection of teenagers gifted for sports – such studies have not been performed in Lithuania so far. ● The results of the theoretical and empirical research complement the theory of sports science with innovative and original data on the expression of the educational preconditions affecting the selection of teenagers gifted for sports. Practical significance. The educational preconditions for the selection of teenagers gifted for sports that affect athletes' decision to choose a sporting activity from other spheres of supplementary education have been analysed and generalised. The determined peculiarities of motivation will help coaches to select appropriate pedagogical and psychological tools to motivate athletes to seek for high results in sports. The educational factors stimulating and aggravating athletes' selection and motivation to seek for high results in sports have been distinguished during the research, the role of a coach as one of educational factors has been revealed in the process of selecting and training athletes – these findings will allow a more purposeful planning of the (self-) development of coaches' competences and provision of all the necessary support concerning the selection of athletes to them. The analysis of the changes in the results of athletes' physical and functional fitness will give a possibility to make a more thorough selection of teenagers gifted for sports to 12 sports branches, as well as to train them more purposefully and effectively for national and international competitions. The research data can be applied in compiling model characteristics of different age periods and different sports branches by specifying training programmes and evaluating the changes in athletes' individual fitness. The research results can be used by the administration, coaches and other employees of athletes' educational centres, federations and sports schools. CONCLUSIONS 1. The search and selection of gifted children is a complex, dynamic, long-lasting, and special educational process that depends on a variety of factors interacting and constantly changing in the process. The factors influencing the selection and results in the sporting activity can be divided into four groups: genetic-physiological, psychological, social, and educational factors. The genetic potential, anthropometric data and physical abilities are essential indicators for the identification and selection of teenagers gifted for sports. Psychological features, such as perseverance, self-confidence, positive attitude, devotion, dedication, strong intrinsic motivation, concentration, attentiveness, and emotional control, are important in selecting gifted teenagers. Social factors include sports policy, culture, natural conditions, geographical location of the country, various opportunities, specific tendencies in the development of modern sports, and support rendered to the participants of the educational process. Educational factors – educational environments, parent support, practice, the coach and teammates, have an educational impact on athletes and can influence their decision making, motivation, habits, training and skills.Therefore, the selection of gifted teenagers should be specific to each sports branch and include a multi-disciplinary approach when clearing out athletes' motives, the attitudes of athletes and coaches, as well as implementing the monitoring athletes. 2. Regardless of gender and a group of sports branches, the main factors that motivate the choice of sports activities include educational (motivation of the coach, parents and friends) and internal cognitive motives (desire to master a sports technique). The least important motives involve material (possession of own inventory, good facilities for training), geographical (a sports school close to home), not being admitted into another sports branch, or lack of other choices. The choice of a sport from other areas of supplementary education is determined by a desire to be physically fit and a desire to engage in leisure activities. The least important motives are the desire to become famous and the desire to be attractive. Intrinsic motivation is more pronounced than extrinsic.The boys' external motivation is stronger than that of girls. Amotivation is more characteristic of the girls. The internal and external motivation is more expressed by the athletes of team sports; external motivation in individual sports appears to be the weakest, whereas the weakest intrinsic motivation and the strongest amotivation is revealed in duelling sports. 3. The results of physical development, physical fitness and functional capacity of stronger athletes are not always statistically significantly different from those of other athletes or control group athletes. A part of the indicators of stronger athletes are better, which leads to an assumption that alongside with psychosocial abilities, social factors, educational factors, and high motivation, they are essential to achieve high results. The correlation study reveals which indicators need to be taken into account and developed when selecting teenagers gifted for sports and achieving high results. 4. The most important factors for teenagers' decision to start doing sports and choose a sports branch include the surrounding environment, where the most important roles are ascribed to the coach, family members and friends. The genetic-physiological and psychological factors that are affected by the coaching and environmental factors are considered as the main factors determining success in sports. The coach is identified as the most important educational factor in the selection of gifted teenagers, whereas a favourable climate, motivating influence of the coach, his/her competence and ideal conditions help to disclose the athletes' talents and achieve high results. While choosing a sport and training, the self-educational factor is distinguished seeking to change oneself, as well as to change own or others' future relating it to sports. The factors that reduce the motivation of athletes and thus prevent the full potential of talented athletes, as well as leading them to end their sporting careers are highlighted: stabilisation of their progress in the results, injuries and high loads of physical activity. 5. The coaches distinguish the importance of psychological and physiological factors in selecting teenagers gifted for sports. The coaches consider the teenagers to be prospective athletes who have a strong internal and external motivation to train, innate capabilities, and physical abilities that are influenced by environmental factors, coaching competence, and practice. The role of the coach as the most important educational factor is highlighted in the search for gifted athletes among those already in the sport or referring to the competence of other coaches, recommending athletes who can achieve higher results in other sports branches. Identifying gifted teenagers-athletes, the coaches look for dedicated, hardworking and goal-seeking athletes with strong motivation. Family members and peers are recognised as educational factors that have a significant impact on athlete selection. The research also highlights the problems faced by coaches in the selection process. These are physiological and psychological changes in the body and the priorities of teenage athletes, which are influenced by their surrounding environment.