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Issue 30.2 of the Review for Religious, 1971. ; EDITOR R. F. Smith, S.J. ASSOCIATE EDITOR Everett A. Diederich, S.J. ASSISTANT EDITOR John L. Treloar, S.J. QUESTIONS AND ANSWERS EDITOR Joseph F. Gallen, S.J. Correspondence with the editor, the associate editors, and the assistant editor, as well as books for review, should be sent to REVIEW FOR RELIGIOUS; 6i~ Humboldt Building; 539 North Grand Boulevard; Saint Louis, Missouri 631o3. Questions for answering should be sent to Joseph F. Gallen, S.J.; St. Joseph's Church; 321 Willings Alley; Philadelphia, Pennsylvania tgxo6. + + + REVIEW FOR RELIGIOUS Edited with ecclesiastical approval by faculty members of the School of Divinity of Saint Louis University, the editorial offices being located at 612 Humboldt Building ; 539 North Grand Boulevard ; Saint Louis, Missouri 63103. Owned by the Missouri Province Edu-cational Institute. Published bimonthly and copyright (~) 1971. by REvmw Fog RELIO~OUS. Printed in U.S.A. Second class postage paid at Baltimore, Maryland and at additional mailing offices. Single copies: $1.25. Sub-scription U.S.A. and Canada: $6.00 a year, $11.00 for two years; other countries: $7.00 a year, $13.00 for two years. Orders should indicate whether they are for new or renewal subscriptions and should be accompanied by check or money order paya-ble to REvmw Yon RELtOtOUS in U.S.A. currency only. Pay no money to persons claiming to represent REvmw yon RELIOIOU!L Change of address requests should include former address. - Renewals and new subscriptions should be sent to REvmw FOR RELIOIOUS; P. O. Box I 110; Duluth, Minnesota 55802. Manuscripts, editorial correspondence, and books for re-view should be sent to REvIEw FOR RELIGIOUS; 612 Humboldt Building; 539 North Grand Boulevard; Saint Louis, Missouri 63103. Questions for answering should be sent to the address of the Questions and Answers editor. MARCH 1971 VOLUME 30 NUMBER 2 BROTHER THOMAS MORE, C.F.X. Religious: Partners for Justice and Peace Within the past few years, Pope Paul VI has established January 1 as a World Day of Peace. For 1971 he has selected the theme: "Every man is my brother." To enlist the support of religious institutes, the Holy See recently sent a document to" all superiors general stating that the World Day of Peace should transcend the limits of a simple celebration and really bring to the world the message of Christ's love. This Day of Peace is an invitation for an examination of conscience; it is an exhortation not to judge or condemn others, but to find out how much we ourselves as individuals and as mem-bers of society are accomplices of evil in this world; it is a means of making us more aware that we are and ought to be the guardians of our brothers. As religious by the very nature of their profession are orientated towards their fellow men, they have special motives for making this examination of conscience. Pious practices are not sufficient to make us good Christians. Christ Himself told us that we shall be judged by our attitudes and acts towards our fellow men. Nor is it suffi-cient that we be on good terms with our fellow religious. In this age, with the mass media keeping us informed about what is going on throughout the world, we cannot say to the Lord: "Where did we see you hungry, or naked, or" in prision. ?" The theme for 1971 looks beyond the present state of hostility in the world to the root of war--a failure to understand the yearning for the recognition of basic human rights by men in all parts of the world to escape from hunger, misery, disease, discrimination, and igno-rance. As long as this festering condition exists in any part of the world, there will always be the threat of war, violence,- and unrest. Perhaps nowhere else have the hopes of this part of mankind been better expressed than in Pope Paul's own Brother Thomas More, C.F.X., is su-perior general of the Xaverian Broth-ers; Via Antonio Bosio0 5; 00161 Rome, Italy. VOLUME 30, 1971 161 ÷ ÷ ÷ T. More~ C.F.X. REVIEW FOR RELIGIOUS blueprint for peace, Populorum progressio: "Freedom from misery, ~he greater assuranceof finding subsistence, health and fixed employment; an increased share of re-sponsibility without oppression of any kind and in se-curity from situations that do violence to their dignity as men; better education--in brief, to seek to do more, know more and have more; that is what men aspire to now when a greater number of them are condemned to live in conditions that make their lawful desire illusory." It is these men and women in particular whom'the Holy Father wants us to see in the light of Christian charity as our brothers. For only when we do believe them to be our brothers can we be deeply concerned about their struggle to obtain their freedom. This struggle for freedom is given greater emphasis if it is looked at within the framework of three contem-porary issues that are on the front stage of our history. The first is that 20% of the people living in the Atlan-tic world command about 75 to 80% of the world's in-come, investment, and trade. This statement becomes more than a matter of statistics when we realize that the society within this 20% contains a large number of professed followers of Christ who are the inheritors of a Christian tradition. But within this society, "Christianity is invoked in order to lead a sort of crusade against communism. Christianity is invoked in order to combat the wave of hatred, deeprooted re-sentment and terror which is rising everywhere. The 20% who let 80% stagnate in a situation which is often sub-human-- what right have they to allege that communism crushes the human spirit? The 20% who are keeping 80% in a situation which is often sub-human--are they or are they not responsible for the violence and hatred which are beginning to break out all over the world?" x If these words seem to ring with the exaggerated rheto-ric of a prophet, they do come from the heart of a bishop in an underdeveloped section of Brazil to awaken us from complacency. The second contemporary issue is the influence of the younger generation in movements for social justice and peace. It is almost universally agreed that this young generation has a feeling of oneness in human develop-ment and is alive to the increasingly international char-acter of human events.~ Also among the young is a new 1 Helder Camara, "Development Projects and Concern for Struc-tural Changes," IDOC, North American edition, May 23 1970, p. 20. 2John Tracy Ellis notes that in the transformation of the Catholic Church's leadership in the United States from a passive to an active adherence to the social papal encyclicals of John XXIII and Paul VI, the Church had the advantage of the "radically different ap-proach to war and peace" of students in the Catholic colleges, uni-versities, and seminaries, "the vast majority of whom were much radicalism which questiOnS strongly, often violently, the priorities and standards inside the economy and struc-tures of the Atlantic world. "If, say the young, this is the ultimate fine flower of our commercial industrial civiliza-tion, it might be better to blow it up and start again." a The third current issue is the growing awarenegs that we live in a village world, that we belong to a world community. We are all becoming alive to the increasingly inter-national character of human events and associations. There has been a great stir~:ing of conscience on the sub-ject of world poverty in the midst of plenty, on the ques-tion of world peace, and in the matter of racial discrimi-nation, wherever it may be practiced. This stirring of conscience and the awareness of the repercussion of global events have helped to break down parochial and national barriers. People everywhere are catching the vision that sees any deprivation of human rights as a universal crisis that profoundly disturbs the world community. Within this contemporary framework of an unbalanced world economy, the influence of the young generation in social justice and peace movements, and the search for world community, the Holy Father's theme for 1971 has a particularly strong appeal for religious. There is abundant evidence that religious in the United States are aware of these three contemporary issues and of the major social ills of our times. The fol-lowing suggestions and reflections are made as contribu-tion to this growing involvement of religious in arousing the People of God to promote development, justice, and peace in a world where "Every man is my brother." Peace As professed disciples of Christ, we cannot limit our horizon to the internal concerns of our community life. As members of a religious institute, we cannot be satisfied with the missionary efforts of a few of our members in developing countries. Perhaps there was a time when people could feel at ease when they had prayed for peace. In our days, we have an inescapable responsibility not only to pray but also to do something for peace in the world. Peace is an involved and sometimes painful question. It touches us on the emotional level because of our racial, national, religious, social, or educational background, or more sensitive to the papal teaching on peace than their parents and grandparents had been" (American Catholics and Peake [Washing-ton: Division of World Justice and Peace, USCC, 1970], p. 14). a Barbara Ward, The Angry Seventies (Rome: Pontifical Commis-sion of Justice and Peace, 1970), p. 44. + + + Justice and Peace VOLUME 30, 1971 163 ÷ ÷ T. More, C.F.X. REVIEW FOR RELIGIOUS 164 because of other more or less conscious motivations. For the.objective education of ourselves, our communities and those whom we serve in Our apostolates, we have to make a continuous effort to overcome these all too human feelings. We must likewise try to avoid all blind spots of emotional prejudice which prevent us from seeing the real issues. One of the first things to be done .is to seek informa-tion in order to build up a solid basis for judgment. To refuse, either emotionally or through sheer indifference, to become informed is certainly one of those sins of omission which the renewed liturgy has most appropri-ately called again to our attention. The constitution Gaudium et spes (n. 82) gave us a lofty ideal when it stated that "it is our duty to prepare, by all possible efforts, the time when all war can be com-pletely outlawed by international consent." Too often we are not aware of the moral influence which we, as individuals or as a group, can exercise on the political level. War is one'of the major moral concerns of our day --what is our attitude toward war in general? Do we know and appreciate the theoretical and practical impli-cations of moral theories on war and on the use of vio-lence? Does the traditional "just war" theory still hold in our times when the powers of destruction are apocalyptic? Gaudium et spes continues: "Those who are dedicated to the work of education, particularly of the young . should regard as their most weighty task the effort to form the minds of all to the acceptance of a new spirit of peace. Every one of us should have a change of heart." Those religious engaged in the apostolate of education have the opportunity and the duty to give practical direction in this area. In particular cases there should be discussions with students and parents on the implications of "conscientious objection," passive civil resistance, and other controversial attitudes towards war, social injustice, and the like. Moreover, as citizens we have our political rights and duties. On some occasions this may require forthright speech and action, after mature consideration, even against decisions made by the highest authorities. We all respect the attitude of a man like Dietrich Bonhoeffer and of others under the Nazi regime, or of some modern Soviet authors, or of. a man like Hekler Camara. Great and at times heroic courage is needed by such people to stick to their most profound convictions and to suffer for them. In a democratic society similar courage can sometimes be needed. One can appreciate, for instance, the moral fortitude of the American Jesuit provincials who, in a letter to all United States senators, on May 21, 1970, expressed their deep concern about the recent de-velopments in the Vietnam war. Development and Justice We must show every man the esteem, the respect, and love which he deserves as a member of the human family and as a being created by God and the object of His love. We must concern ourselves with the full human develop-ment of the world, to take a global view of mankind and of the human race, to see ourselves as members of a planetary village, where "Every man is my brother." Religious cannot be less sensitive than the younger generation to the worldwide and national obstacles to social justice; nor can they fail to see in these committed young people their fellow brothers and sisters who may be showing religious that evangelical poverty can be the purest expression of Christian liberality. In every religious institute there have been community and chapter debates on evangelical poverty. Some think it has lost its meaning or that it has no place in contem-porary society. But before reaching such conclusions, the individual religious or the community involved should remove from the scene all those obvious unnecessary forms of middle-class comfort upon which so many of them may depend. Perhaps a few bold steps in experi-encing how poor people live might also be considered. Communities and provinces could include special de-velopmen~ projects in their budgets.4 It may then hap-pen that religious will discover alternate options to settling down to a comfortable middle-class existence. This process of "settling down," with its subsequent bourgeois acceptance of a comfortable and secure living, is a corporate sin which religious can fall victim to against the spirit of poverty. And this lack of the spirit of evangelical poverty can prevent religious from being sensitive to the social ills of our society. The greater awareness in our times of belonging to a world community parallels the movement within the re-ligious life for a greater understanding of gommunity. If fuller participation in community is evangelical, if it is the forum 'in which the hope of the Resurrection and the appreciation of the present realities are held in ten-sion, then it will predispose religious to take a global vision of mankind and of the human race. This vision ought certainly to be one of the first fruits of the new religious community. *See Louis G. Miller, C.Ss.R., "The Social Responsibility of Re-ligious," REWEW fOR REI.~CIOUS, v. 29 (1970), pp. 658-61, for a practical suggestion for practicing social consciousness on the prov-ince level by investing funds to alleviate the pressing social crisis in our times. 4- 4- Justice and Peace VOLUME 30, 1971 165 ÷ T. More, .F.X. REVIEW FOR RELIGIOUS 166 Provincial and general chapters need to discuss those issues which profoundly affect the world community and national communities, with the hope that as they face their own internal problems, they will also turn toward those which lie at the heart of our contemporary society. Some of these issues are: racism, minority groups and. human rights, nationalism, .conscientious objection, the so-called theory of "just war," and disarmament in our era of nuclear weapons and missiles. Religious should continue to serve the Third World through their missionary work. However, this commit-ment ought to be incorporated into the new thinking on evangelization-development now taking place in many secular and religious assemblies. As Father Philip Land, s.J., of the Pontifical Commission of Justice and Peace pointed out recently to the superiors genera.1 in Rome, one of the chief contributions religious can make is to un-derstand the development debate, increase their com-mitment to the UN's Second Development Decade, and integrate the activity of their congregation into this global project. As an example of the need to understand the devel-opment debate, Father Land pointed out that real challenges confront religious as regards developing and developed countries in the area of education. With re-gard to the former, it is widely argued that Christian schools produce an education that simply ties their stu-dents to the existing power structures; with regard to the latter, it is questioned whether our schools produce an education conducive to the structural changes the poor nations rightly demand. The final suggestion is that made by Monsignor Joseph Gremillion, Secretary of the Pontifical Commis-sion of Justice and Peace, to a recent assembly of su-periors general: "The initiatives of religious are abso-lutely vital everywhere. Even though conferences of bishops might take certain responsibilities, it is essential that 'free movements' and individual leadership be ex-ercised-- a~d often this is provided by religious, men and women, as chaplains, inspirers, educators, anima-tors." "Every man is my brother": In choosing this theme, the Holy Father's aim is to help people to become aware of the unity of the human family, and thereby to favor a deeper and more sincere solidarity between men by removing from their manner of acting every form of discrimination based on distinction of race, color, cul-ture, ethnic origin, sex, social class, or religion. Are we prepared to play our part for a better, a more human, a more Christian world? JEAN LECLERCQ, O.S.B. Culture and the Spiritual Life I. THE MEDIEVAL MONASTIC TRADITION Learning and the culture which results from it refine a personality by helping it to acquire certain values of humanity which make up the fund of the commonwealth of human nature. In the Middle Ages these were never isolated from a man's religious living: they became part and parcel of his initiation to Holy Scripture, spiritual reading, meditation, prayer; they were determining fac-tors in a man's search for God, a search which, at all times, implies an ascesis not only for the inquiring mind, the intelligence, but for every one of man's faculties. These human values are not independent; they are an-cillary to the more noble values of a sacred humanity, that is, of a human nature and condition penetrated with the grace of Jesus Christ, transformed by the Holy Spirit, and consecrated, set apart for the Father in the Church. For the men of the Middle Ages who sought after God, Christian humanism meant something more than mere assimilation of culture; it implied the growth and self realisation of the person in the totality of his values: the raw material of human nature was never separated from the refining effect of Christian living. Certainly, culture and language had an important part to play in this process of fructification; but they did not, of themselves, bring it about. They favored the assimi-lation of profane literature and allowed the scholar to discern those experiences which were susceptible of being transformed and thus raised to the level of his own lived Christian reality, the level at which he became and real-ized himself by union with God. Thus in order to under-stand the humanism of these Medieval monks we must try to discover the specifically Christian experience lying behind the terms of a language inherited from masters of pagan antiquity. We have, as it were, to guess the per-sonal experience, the desire for God experienced by each + + + Jean Leclercq, O.S.B., is a monk of Clervaux Ab-bey in Luxem-bourg, Europe. VOLUME 30, 1971 16'/ lean Leclercq REVIEW FOR RELIGIOUS 168 writer who loved learning; we must endeavor to unveil in some way the Medieval monastic writer's intimate being in presence of God. Conflicts and Solutions But once we start trying to do this, we perceive the presence of two conflicting parties. According to the degree of sensitivity of a given Medieval period, this conflict situation is experienced more or less keenly, more or less clearly, and expressed more or less frequently in the texts. But the two parties of the conflict are con-stantly in presence and are mutually conditioning. The first conflictual element is the relationship to be established between the spiritual life and the profane realities which one met with when learning Latin; the problem with which students had to grapple was how to remain Christian and become even more so by contact with pagan values expressed in ancient literature. The second element is situated in the sphere of impact be-tween man's fallen state and the nobleness of human nature: man has personal experience of concupiscence waging within him; his experience tells him that he is capable of sinning, and that he actually does sin; but he knows too that he is endowed with a real "capacity" for God--the Medieval man firmly believes that he is capable of throwing open his being to the divine pres-ence, and even that God does already dwell within him. Divided as he is, how can man recover his unity? Let it be noticed that the experience of this conflict situation was not the monopoly of monks: it is inherent to our human condition. The solution to this problem lies, now as then, in the encounter of God and man in Jesus Christ, and in the union between man and his Savior. Yet if we judge by the number of witnesses and their spiritual density, it seems that it was more keenly experienced, in a more privileged manner as it were, in monastic circles. Elsewhere, pastoral or temporal activi-ties distracted the attention. But in the cloisters, there was nothing to alleviate the inner combat; the monk constantly kept the whole of his existence focused on a search for the presence of God. His method was prayer. Nothing hollows a man out as much as the activity of prayer; nothing more than prayer makes him fathom the depths of his own abyss; in prayer man comes up against his own void, he experiences the need he has of God. We see, then, that monks were in the ideal conditions for suffering this conflict more keenly than their fellowmen. They expressed it more frequently than others outside the cloister, but it has always been the common lot of humanity. And humanism is nothing else than th'is conjunction of a given experience and a given culture in a single person. The higher this experience and this culture are, the more the person develops his human capacities. It is not a ques-tion here of mere literary varnish, but of a profound en-richment on the level of the intimate depths where a man meets his God. The humanism of the Medieval monks supposes this alliance of culture and the spiritual life, with all that this implies in ascesis and prayer. The mon-astery offered the means for acquiring culture, and the religious experience which the inmates underwent pro-vided an objective for this culture; the monastery was the workshop, so to say, where man, by the instrumen-tality of culture, attained, over and beyond culture itself, to union with God. The Drama of Christian Humanism Having once grasped the fact of the conflict which the Christian humanist, within and without the cloister, had to overcome, it will be suspected that harmony was not established without a certain drama. And Medieval mo-nastic texts confirm our suspicions. Always, we find the conjunction of the two inalienable elements of Christian experience provoked by honest and cultured reading of Holy Scripture. These two elements are ~emptation and hope: the latter is always predominant and has the last word. Why? Because, as one Medieval writer reminds us: Stat Iesus et dicit.--Jesus is there and He speaks to us. That is just what humanism is: an experience of Jesus Christ present in man. In order to taste, to savor, ~the reality behind words we must not only read but also live. You notice that reading, learning is a primary condition of any religious experience and the result is always inner peace. Between the beginning, the abc, and the end lies a long struggle to be waged between the different values, a struggle between contrary tendencies. Many acts of this drama are painful, but it always ends in light and peace. This supreme and perfect realization of-man, of hu-manism, is none other than the perfect accomplishment of the Incarnation: there is no more lofty humanism than that which leads to perfect union of man with God. In reading some Medieval authors one is tempted to say that for them there is a sort of humanism in God shown by divine care for man which goes so far as to assume humanity into the divinity. The kernel of such a theol-ogy is the justification of the humano-divine situation, the justification of the passion and death of Christ in function of man's reconciliation with God. And what strikes us in Medieval works structured round such theol-ogy is that often, though major stress is laid on God's honor and glory, the primacy of man and his salvation in the divine economy is dominant. For certain Medieval + ÷ + Culture VOLUME 30, 1971 ]69 ÷ ÷ ~ean Leclercq REVIEW FOR RELIGIOUS theologians it is essential to God's honor and glory that mankind whom he has destined for eternal happiness should be saved. Conclusion Throughout the Middle Ages, the problem in mon-asteries and other Christian seats of learning was not to say "yes" or "no" to culture, but to discern the correct use to be made of it. The monks took the risk of ac-quiring culture, they saw the danger; they overcame the risk in the strength of humility and ascesis: their courage led them to love. Let us, in a sort of review of the conflict situation, see how monks were victorious in suffering and joy. The texts left by Medieval monks prove that it was no imaginary struggle; they help us to grasp the concrete, real, even existential nature of the conflict in the student --it was a struggle for purity of heart and purity of body. It was a real personal problem that the student had to solve; nothing could be further removed than this from a merely speculative, a so-called objective attitude with regard to profane realities. The problem was real and acute. The solution could only be found in Jesus Christ in whom one of the divine Persons, belonging to another world, lived in a man of our own world. The Last Supper and the Resurrection are absolute and undeniable reminders that Christ's pres-ence in this world appropriates even the physical ele-ments of man. And the Medieval person is always per-ceived in a triple relationship to a second self--a superego (t3ber-Ich), a self-surpassing self, if we may so say--to God and His kingdom, and to man's place in this king-dom. Now the ego surrenders itself to a superior power, not, as might be thought, by emptying self of sell but in liberating the potentials for self-surpassing which it con-tains. The aim is not to seek one's own advantage-~one's own pleasure or glory--but to renew the experience of those whom the Bible tells us encountered God, before being in a position to manifest Him. The glory of a creature is to serve the Creator, to refer to Him; and this man is able to do because God has endowed him with reason. Man is not centered on himself but on God, and the Medieval monk cannot construct a doctrine of man on any other foundation than his relationship to God. The monk exists as an individual, and he knows it, he experiences the truth of this reality in moments of temp-tation and on every occasion where he becomes conscious of himself; yet he knows too that he is not autonomous in the sense that he could have any worth independently of God; the monk's self-realization, the development of his personality as such could never be his sole objective nor sut:fice to make him totally happy. There thus coexist in him at all times, and sometimes in a manner which we find baffling, on thb one hand that which is specific to his human nature--his failings, but also his capacity for reasoning, for critical reflection-- and on the other hand faith in a mystery which he cannot grasp, and even belief in the marvelous. The Medieval religious man knows that he carries within himself both greatness and pettiness; heis a sinner, but God comes to meet him, and he in turn goes towards God. The en-counter is perfected in Christ who, as God, created man in the cosmos, and as man situated Himself in this same cosmos. The encounter between God and His sinful crea-ture is also accomplished in the man who lives united to Christ. The Christian man is already, in the kingdom of Christ, a homo caelestis--but not entirely so. Para-doxically, carnal man has still to become the heavenly man which he already is. This transformation, this meta-noia, can only be accomplished within him by the daily fight, by a constant and daily conversion to the Lord. The perfect man, he who is already totally re-formed, even transformed, transfigured, is none other than the saint: from this point of view, it is easy to understand why hagiography has such an important place in Me-dieval monastic historiography. Lastly, just as he is attracted by heaven--which he likes to represent as being open, on the occasion of theophanies for example--the humanist in the monastic Middle Ages is on friendly terms with everything created: the cosmos and animals which he tends to idealize. There is a tension within him, between his own self and the world in its two aspects, earthly and yet already sanctified, and in this sense, heavenly. The solution to all these at-tractions, tendencies, and tensions lies in the mystery of the cross which is figured in medieval representations as a symbol of struggle and victory: in hoc signo. Sometimes the cross is framed by a low doorway, the narrow gate which at once separates and unites, and by which one has to pass freely of one's own will by liberating self, by shaking off something of self --- this is the narrow gateway beyond which we can find self again, and with self every-thing else once sacrificed but now bathed in light. II. A CONTEMPORARY MODEL But now, in order to step beyond Medieval history, let us see how such an ideal can be lived in our own desac-ralized and profane twentieth century. There are many examples of men ~ind women who ally culture with the spiritual life sometimes attaining to high sanctity on the university campus--always under the sign of the cross ÷ ÷ ÷ Culture VOLUME 30, 1971 of Christ. The example we choose to quote here is none other than Edith Stein: the scholar and the saint, as she has been called. Witnesses are never more eloquent than in the testimony of their lives, often translated, in the case of men and women of learning, into writing. We can do no better than let Edith Stein speak for herself in a few carefully selected texts. As we read through her works we notice that there is one major generating principle of energy--a unified ex-istence in which the many activities are brought together as a single unit tending to the one thing necessary to the Christian humanist: the knowledge of Christ crucified and his all-pervading dynamic presence in professional and private life. Edith Stein had grasped this principle. After having spent Holy Week of 1928 at the Benedictine Abbey of Beuron, she wrote: Passiontide and Easter are not meant to express simply a transitory festive mood quickly submerged in the daily hum-drum; no, they are the divine power living in us, which we take with us into our professional life so that it may be leavened by it. This oneness, this unity between apparently contradic-tory, even paradoxical elements of an existence seems to be a characteristic of Edith Stein--the passion and the cross are a single divine power, the fulcrum by which she raised the deadweight of daily humdrum existence. There was a constant dialectic tension within her, a continuous striving to reconcile on a higher level--that of union with God--the realities of life, at home, in school, or on the campus. It is evident that this harmonious unity was not at-tained without a persevering ascesis in order to face squarely and solve peacefully the dilemmas roused by the co-existence of the love of learning and an ardent desire for God. In the present context we cannot develop the matter as fully as we should like; we shall merely illus-trate how Edith Stein harmonized four very important dialectic tensions. + + + Jean Leclereq REVIEW FOR RELIGIOUS 172 i. Harmony between the Spiritual and the Intellec-tual Life In February 1928 she wrote: Of course religion is not just something for a quiet corner and a few hours of leisure; it must be the root and ground of all life, and this not only for a few chosen ones, but for every true Christian. (of whom, indeed, there is always only a small number). It was through St. Thomas that I first came to realize that it is possible to regard scholarly .work as a service of God. Immediately before, and a long ome after my conversion, I thought living a religious life meant to abandon all earthly things and to live only in the thought of the heavenly realities. Gradually I have learned to understand that in this world something else is demanded of us, and that even in the con-templative life the connexion with this world must not be cut off. Only then did I make up my mind to take up scholarly work again. I even think that the more deeply a soul is drawn into God, the more it must also go out of itself in this sense, that is to say into the world, in order to carry the divine life into it. This text shows that Christian humanism is not the pri-vate property of scholars, it is incumbent on every Chris-tian. We also notice that learning, scholarly work, is a service of God. In other letters Edith Stein states the con-ditions for maintaining the balance of power between the spiritual and the intellectual. The keyword is sim-plicity. The scholar has to be simply content with the conditions of life; he has not to be anxious about many and superfluous things. We might almost say that he has to take life as it comes. This is detachment, another con-dition which Edith Stein considered essential for the truly Christian humanist--detachment from earthly riches, but also detachment from spiritual goods: she teaches that we must not be anxious about times for praying---each one must pray according to the possibilities of his professional commitments. Nevertheless a portion of the day should be set apart for God. Edith Stein writes: The chief thing is first to have a quiet corner where one can converse with God as if nothing else existed, and this every day. The early morning seems to me the hest time for this, before the daily work begins. Further, I think, this is where one re-ceives one's mission, preferably for each day, without choosing anything oneself. Lastly, one should regard oneself entirely as an instrument, especially those powers with which one has to work, for example in our case one's reason--I mean as an in-strument which we do not use ~urselves, but God in us. 2. Harmony between the Intellectual Li[e 'and'Every-day Life The scholar must not live shut up in his study from morning to night. The humanist, the Christian scholar, is a person closely linked with human values in and around him; he should have contacts with the world of his fellow men if his learning is to be really a service of God. Christian Iearning, like prayer from which it should never be separated, is a diacony. Here again, Edith Stein has left principles of unifying action, theory which was practiced in her own existence as a scholar, within and without the cloister. She was well aware of the danger of intellectual aloofness as she shows by this extract from an article published in 1931: All of us who live in the universities absorb a little of the "type ot~ the intellectual". But we must be quite clear that this attitude separates us from the crowds. Outside people bat-tle with the daily needs of life in their manifold forms. As soon as we go out they confront us . We are placed among people ÷ ÷ ÷ Culture 173 whom we are meant to help in their needs. They ought not to think of us as strange beings living in an inaccessible ivory tower. We must be able to think, feel, and speak like them, if they are expected to have confidence in us . The intellectual can find the way to the people--and without finding it he can-not guide them---only if, in a certain sense, he frees himself" from the intellect. Here again we notice the principles of Christian soli-darity, humanity, service, and detachment: freedom from self for others. ÷ ÷ ÷ lean Leclercq REVIEW FOR RELIGIOUS 174 3. Harmony between Traditional Culture and Con-temporary Mentality This third dilemma is by no means the least which the modern scholar has to face.For Edith Stein, the patron of existentialism, as she has been called, it meant balance between the past and the present. The favored disciple of Husserl, translator of Aquinas, had to find a way of living progress; she had to realize the Bergsonian principle of progress: the past which advances and amplifies in the present as it'becomes the future. Her well-defined meth-odological principles (betraying an ascetically trained mind) enhanced and structured her art as a teacher and show how she combined the past and the present: Wherever scholastic arguments are our point of departure, we shall first present them in scholastic terminology. But in order to ascertain that we have grasped the actual sense of the matter, and are not just playing about with words, we shall seek to find our own terms, in which to render the pas-sages in question. While doing this we want to think together with the old masters in a vital manner; but not only with the old masters, but also with those who have resumed the ques-tion in their own way in our time . This is the necessary way especially for the present author, whose philosophical home is the school of Edmund Husserl, and whose native tongue, as far as philosophy is concerned, is the language of the phenomenologists. These only too few texts give us a glimpse of the mind and thought of Edith Stein. They hint at the way in which she strove to attain union with God through books and without alienating herself from her fellowmen. Any who is familiar with the work and life of Edith Stein knows that the application of these principles was not always easy: Edith Stein willed her way to holiness as a scholar; hers was no haphazard chance: she collaborated with divine grace with all the ardor of her semitic heart. EXISTENTIAL EXPERIENCE Nothing. happens by chance. Edith Stein contests the formula of Heidegger thrown into existence. In dense and direct sentences she attacks the weak spot of his ex-istentialist philosophy, she attacks the Geworfenheit: With this is expressed above all that man finds himself in existence, without knowing how he has come there . But with this the question of the "whence" has not been abolished. How-ever violently one may try to silence it or to forbid it as sense-less, it always rises again irresistibly from the peculiarity of hu-man being demanding a Being that is both the foundation of the former and its own foundation, needing no other, demand-ing the One who throws that which is "thrown." And with this the "being thrown" is revealed as creatureliness. In this text Edith Stein reveals herself to be truly a humanist: she has a keen and penetrating vision of the human situation. She writes with even greater acuity: The nothingness and transitoriness of its own being becomes clear to the Ego, if it takes possession of its own being by thought . It also touches it. through fear (Angst), which accompanies unredeemed man through life in many disguises ¯. but in the last resort as fear of his own non-being . How-ever, fear is not normally the dominant sensation (Lebensge- [iihl). This it becomes in cases which we describe as pathologi-cal; but normally we walk in great security as if our being was a certain possession . The reflecting analysis of our being by thought shows how little cause for such security there is in itself., the undeniable fact that my being is transitory., and exposed to the possibility of non-being is matched by the other, equally undeniable fact that, notwithstanding this transitoriness, I am and am kept in being from one moment to the other, and embrace a lasting Being in my transitory be-ing. I know myself held, and in this I have peace and se-curity- not the self-assured security of a man who stands in his own strength on firm ground, but the sweet and blissful se-curity of the child which is carried by a strong arm-~considered objectively, a no less reasonable security . Hence in my being I meet another, which is not mine, but is support and ground of my unsupported and groundless being. The dispositions of the unified soul of Edith Stein are revealed in the text we have just read where we notice the words "great security," "peace and security," "sweet and blissful security." The reason for this happy state does not lie in the Ego, but in the lasting Being whom we encounter when we enter deeply into ourselves. It is this encounter in man of God and man which should be the objective of every Christian scholar today, as in the Middle Ages. How can we come to recognize the supreme Being, He who is, in our own finite being? By reasoning or by faith: the latter was the way of the medieval monks; it was the way, too, of Edith Stein: The security of being, which I sense in my transitory being, points to an immediate anchoring in the last support and ground of my being . This is, indeed, only a very dark sensing, which one can hardly call knowledge . This dark sensing gives us the Incomprehensible One as the inescapably near One, in whom we "live and move and have our being," yet as the Incomprehensible One. Syllogistic thinking formu-lates exact notions, yet even they are incapable of apprehend-ing Him who cannot be apprehended; they rather place Him at ÷ ÷ ÷ Culture VOLUME 30, 1971 a distance, as happens with everything notional. The way of faith gives us more than the way of philosophical knowledge: it gives us the God of personal nearness, the loving and merci-ful One, and a certainty such as no natural knowledge can give. Yet even the way of faith is a dark way. This text shows how very close she was to her own age; she proves here that she allied the heritage of ancient masters with the modern mentality, more intuitive than that of Ancient Greece: the intelligence of Edith Stein was semitic, Biblical and it is this Biblical essence which makes her to be kith and kin with Medieval monastic humanists and scholars. THE SCHOLARLY NUN But there is more than a certain way of apprehending God which links Edith Stein to the monastic thinkers of the Middle Ages. Like them she renounced the secular seats of learning to give herself to God as a nun in a Carmelite convent. At first she gave herself entirely to the humble duties of a beginner in the monastic life; but later on, at the request of her superiors, she began to write and study again. One of her two works concerning mysticism has a very telling title: Kreuzeswissenschaft (Science of the Cross). It was written for the fourth centenary of the birth of St. John of the Cross, and in it we discern the insuffi-ciency of pure philosophical thinking for tackling prob-lems of mystical theology. There, too, we recognize Edith Stein--now Sister Benedicta of the Cross--the philoso-pher whose thought was always structured and subtended by rigorous methodological principles indicative of a dis-ciplined mind. A passage from the preface to Science o[ the Cross reveals this: In the following pages the attempt has been made to grasp John of the Cross from the unity of his being, as it is expressed ~n his life and in his works, from a point of view that makes it possible to envisage this unity . What is said there on the ego, freedom and person, is not derived from the writings of our holy Father John. Though certain points of contact may be found, such theories were remote not only from his leading intention but from his mode of thought. For only modern philosophy has set itself the task of working out a philosophy of the person such as has been suggested in the passages just mentioned. ÷ Once more we recognize the unifying [actor which was + characteristic of her own life; unity of being. And this + leads us to the last dilemma which we wish to mention. $ean Leclercq REVIEW FOR RELIGIOUS 176 4. Harmony between Personal Experience and Serv-ice The question set here is how to share with others what we ourselves may have received in prayer: how may we legitimately share with Others our own personal experi-ence of God who reveals Himself to mankind? Divine revelation needs to be grasped by the human reason en-lightened by faith. It is faith alone that allows us to suck the honey out of the hard rock of the Scriptures. Learning is a help to deciphei'ing the letters, bfit the real key to Scriptural exegesis is faith contained in a pure heart--blessed are the pure of heart, for they shall see God. But the talent received must not be buried, it must be shared with others. Edith Stein writes: It may also happen that a sort of "office of the keys" is conferred on individuals or groups which have received the gift of Scriptural exegesis . To these spirits is given the office to transmit the light they receive . It is their duty to accept the Divine mysteries. . with. a purified mind .and to take charge of them. Th~s also ~mphes preaching and interpreting the Divine Word. Corresponding ~o the different modes and degrees of hiddenness, there are different modes and degrees of unveiling, degrees of office. Conclusion: The Science of the Cross There could be no better summary of all that has been said in this paper. At all periods, there is only one Chris-tian humanism, one Christian way of uniting love of learning with desire for God: the way of the cross, the narrow door of self-denial, the existential imitation of Jesus Christ, God made Man. When a scholar converts to God, dedicates his whole mind and heart to God in the carrying out of his professional duties of study or teaching, then, and only then, will he be a light shining in the darkness. Edith Stein tells us what she means by sicence of the cross: If we speak of the Science of the Cross, this is not to be understood as science in the ordinary sense: it is no mere theory . It is indeed known truth--a theology of the Cross~ but it is living, actual and active (wirkliche und wirksarne) truth: it is placed in the soul like a seed, takes root in her and grows, gives the soul a certain character and forms her in all she does or leaves undone, so that through this she herself shines forth and is recognized . From this form and force living in the depth of the soul is nourished the philosophy of this man and me way in which God and the world present themselves to him. For Edith Stein, as for every great and holy scholar throughout the ages, faith in God and His mystery are primordial: Where there is truly living faith, there the doctrines of the faith and the great deeds of God are the content of life, every-thing else must take second place and is formed by them. This is holy objectivity (heilige Sachlichkeit): the original interior receptivity of the soul reborn of the Holy Ghost. Whatever is brought to her, this she accepts in the proper way and depth; and it finds in her a living, mobile power ready to let itself be ÷ ÷ ÷ Culture VOLUME -~0, 1971 177 formed, and unhampered by false inhibitions and rigidity . If the mystery of the Cross becomes her inner form, then it becomes the science of the Cross. This science is a night, an absence: if we accept to believe in the divine Crucified then our language is silence for "All speaking about God presupposes God's speaking. His most real speaking is that before which human speech is silenced." ÷ ÷ + lean Leclercq REVIEW FOR RELIGIOUS 178 MARY-ANGELA HARPER A Layman's Response to Contemporary Religious While post-Vatican II laymen bustle about the business of shaping their new, enlarged role in the contemporary Church, many members of another segment of the People of God, the consecrated religious, without much notice from their lay brothers, are quietlyteari'ng themselves to shreds by agonizing selbcriticism. The general cause of this self-destruction seems to be a fear that traditional religious life is anachronistic both in form and purpose. The only hope for survival, these religious have decided, is radical change. To the laity, this "change" has meant new habits and new names and more frequent socializing. For the reli-gious, the speci.fics of change fall into one of two categor-ies: (a) concern with structures and relationships within the community and (b) concern with the function of reli-gious within the Christian community-at-large. On the one hand, therefore, religious .struggle with such questions as size and government, and with legisla-tion pertaining to prayer, work, recreation, and dress. And they scrutinize themselves as individuals to verify their personal authenticity. The criteria for this verifica-tion are contemporary philosophical and psychological definitions of man which emphasize the affective dimen-sion and the primacy of interpersonal relationships in meaningful human development. On the other hand, religious seek to identify the shape and character of their activities in a newly-valued, post-conciliar world that contemporary theologians recognize as not only redeemed but continually sanctified by Christ who abides within it. A genuine Christian mission, they believe, must be one of real involvement with the nuts and bolts of everyday living and a rubbing of shoulders with lay co-workers in the apostolic field that is the world. To be Christian missionaries, then, religious cannot ÷ ÷ Mary Angela Harper is chairman of the philosophy department; Dun-barton College o[ Holy Cross; Wash-ington, D.C. 20008. VOLUME ~0, 1971 179 4" M. A. Harper REVIEW FOR RELIGIOUS ]80 live a less-than-human existence, above and apart from the rest of men. They must purge religious life of any alienating, stereotyped, and distorted image and of out-moded, restrictive characteristics such as traditional vows and lockstep community exercises. These must be re-placed by a new and more democratic concept of reli-gious community which allows each individual to de-velop his own capacities in freedom and love and by new forms of religious activity that permit creativity, sponta-neity, affectivity, and the celebration of a redeemed hu-manity. And all of this is taking place ~vith relatively little public notice or comment from the lay element of the People of God, for whose sake religious toil, and whose acceptance they seek. But more interestingly, these con-siderations, critical as they have been to religious, are of little pressing concern even to the better informed lay-men, who nnderstand and sympathize with the crisis in religious life. As laymen see it, the effectiveness (and, therefore, justification) of consecrated commitment de-pends not upon what religious wear, or what they are called, or on how they organize their daily lives. The layman primitively and primarily cares that religious con-tinue to achieve their unique, specific and indispensable mission--to point to God. Now surely it is presumptuous, if not absurd, for any-one to assume the position of spokesman for the laity-at-large. Every layman responds to the world and to people and to situations differently, depending upon the varia-ble factors of education, spiritual formation, and per-sonal experience. My own response to contemporary reli-gious is indeed conditioned by each of these factors. But it is also and especially determined by a specific view of our post-Vatican II world. The first statement pertaining to this contemporary Christian Weltanschauung main-tains that existence today is an organic, interpersonal complex, in which all individuals, loyal to their unique identities, nonetheless recognize that the perfection of this identity takes place in a process of completion by others. It is with others that each individual achieves his own identity, and together, by mutual interaction, that all attain the perfection of the whole that is our world. This is the characteristic of complementarity. But equally important is the correlative principle which maintains that this organic, interpersonal universe is sustained and vivified by belief in Christ who is God and in a divine kingdom in which humanity will be absolutely perfected. Authentic existence in the real world of today, then, is a life predicated upon interper-sonal cooperation, but simultaneously upon co-commun-ion in Christ as a pledge of the Parousia. All the People of God are bound together by a recognition of the neces-sity of others, which is reinforced and transfused by Christian love--the giving of the self to achieve the oth-er's perfection in Christ. And each thus con.tributes to the integral and absolute perfection of all in the kingdom of God. Now, if this "new look" of a nearly 21st century world turns on such an enlarged principle of complementarity, and if a meaningfully contemporary Christian world is a complex of Christ-loving, kingdom-seeking, mutually per-fecting human spirits, then distinction and difference is as significant as unanimity and wholeness, because with-out these characteristics, we might achieve fusion, but never complementation. Moreover, a lack of unique perfection in any individ-ual component in this interconnected, organic complex, is a loss, not only to the totum, but to all others as individuals. This was the message of Henri de Lubac ten years ago when he wrote of the Church as the "corporate destiny of mankind," and explained that "in the measure of [each one's] strength and according to his own voca-tion- for the gifts of the one spirit differ, and in the unity of one same body, each member has a different function--leach] will labour heart and soul to achieve it. If he fails fall] will feel it as a wound in [their] own flesh." 1 The uniqueness of the individual contribution gives a specific character to the whole Christian commu-nity which cannot be replaced by another. And the perfection of one is the perfection of all. And this is the message today when we use the term witness to identify the Christian mission in a post-Coun-cil world. William J. Richardson, S. J., has analyzed the contemporary notion of witness~ and notes that it "in-volves a double communion--communion, between the witness and the truth, or person to which/whom he testi-fies; [and also] a communion . between the truth/per-son and the tribunal or persons before whom the witness testifies." This double communion is suggested by the formulae being witness and bearing witness. To be a witness, Father Richardson says, is to be so identified with a person or truth that to deny these would be to deny oneself. Moreover, "the quality of witness will be measured by the intimacy of the union between the witness and the one to whom he testifies, the extent to which they become one." To bear witness is to share this person with other per- ¯ Henri de Lubac, S.J., Catholicism (New York: Sheed and Ward, 1958), p. 31. 2William J. Richardson, S.J., The University and the Formation of the Christian, an unpublished manuscript, copyrighted by the author, 1958. ÷ ÷ Layman's Response to Religious VOLUME 30, 1971 18! ÷ M. A. Harper REVIEW FOR RELIGIOUS 182 sons. And the result of the sharing is that the witness thereby grows more deeply in the communion himself because, within an interacting complex, he now contacts this reality through the communion of others which was heretofore denied him. All witnesses, therefore, enrich one another within the organic whole that is the testify-ing community, and achieve growth and perfection by an interpenetrating exchange of individual identity and meaning. Should the uniqueness of the individual be less-ened or lost, however, the totum would suffer irreparably. In terms of witness, this presence, this communication of meaning would be denied to the Christian community, which becomes radically impoverished. Now, what is the witness of consecrated religious? What do these men and women offer the Christian community and to each individual within it that is unique and indis-pensable, and without which each of us would suffer? Consecrated religious are witnesses, par excellence, to the Pilgrim Church, and to the truth that the Christian com-munity is, in fact, on its way to Almighty God. As Sidney Callahan has observed in Beyond Birth Con-trol, 3 present existence is 9ctually a life of incomplete-ness; perfection and completed history await the Parou-sia. "Those who choose [consecrated religious lives]", she says, "live the sign of incompleteness, of fulfillment to come, of aspiration to a more complete community and pe.rfect unity." By our own distinctive form of existence, we, the laity, witness to a restored creation which James O'Reilly ex-plains in "Lay and Religious States" 4 reveals "the power and goodness of business, marriage ~nd freedom [to] carry us toward the kingdom." By virtue of their distinc-tive state of life, consecrated religious witness to "the limited character of the goodness of property, of spouse [and] of liberty." ~ They give witness to the truth that although possessions and ownership, marital love and total psycho-physical unity, unlimited movement and op-portunity, are good, God is still better. No matter how intrinsically valuable these considerations may be, they do not suffice of themselves to bring human existence to completion and perfection. This can only be achieved by our releasing control and, in Father O'Reilly's words, letting the world "slip into the hands of God," 6 who saves and completes and perfects. Consecrated religious help us laymen to loosen our hold and to let go. 8Sidney Cornelia Callahan, Beyond Birth Control (New York: Sheed and Ward, 1968), p. 80. ~James O'Reilly, "Lay and Religious States," REviEw fOR REU-GiOOS, v. 27 (1968), pp. 1027-52. Ibid., p. 1051. Ibid. Such a minor miracle is wrought by their reminder to us of our need to be pilgrims. And this they effect by their public vow of total commitment to a communal life manifestly lived in poverty, celibacy, and obedience (or whatever language they choose to signify these realities), which reinforce in us the truth that one gain~ by giving. We, who behold such a commitment, and recognize it as the foundation of all human religious development--and who may even be living these values, though in a less concentrated, less explicit form--we look to religious for inspiration and for guidance. And by their spirit of sim-ple frugality, availability, and openness, they sustain us in our efforts to rightfully enrich this world, and to de-velop and fulfill our human personalities, but with hearts turned heavenward. To this end, religious provide us with a working model of persons-in-c~ommunity and of a united humanity. In the day-to-day liv.ing of this value, they confront us with the actual experience of availability and generosity which reminds us of our need for others, and of our obligation to care and to spend ourselves for one another. By their refusal to seek perfection in isolation, manifesting instead responsibility for others within (and beyond) their com-munity, they instruct us that the meaning of authentic human freedom involves limitation and amounts to de-termined- indetermination. And by refusing to choose those with whom they live on the basis of common inter-ests or congeniality, they instruct us that the comm~unity of man must be a gathering together, not for personal gratification, but rather to share and reenforce one an-other in the love of God. Consecrated religious help us to reconcile apparent conflicts between the human and the divine by their pure, simple, and direct vision, which embraces both man and God in a single gaze. And by their evident spirit of prayer, they redirect our consciousness, not exclusively outward to legitimate worldly cqncerns, but inward to the center of our being, where we contact ourselves most truly, and discover here that our own meaning is rooted in a divine source. And they bring us a joy that seems to us to shine forth from the wellsprings of their personal communion with the divine; and we warm ourselves in its brightness, and feel it, somehow, transform us. Nor are these merely psychological phenomena, wrapped around us like a security blanket. We are, I think, well adjusted, often well educated laymen, quite convinced of our dignity as laymen. We are not having an identity crisis. In fact, quite to the contrary, we have discovered ourselves, and the significance of our roles as mature Christians, for the first time in history. But we also believe in the necessity and intrinsic value of a reli-÷ ÷ ÷ Layman's Response to Religious VOLUME 30, 1971 183 + + 4. M. A. Harper REVIEW FOR RELIGIOUS ]84 gious liIe o[ total commitment to God. We acknowledge the indispensable contribution it makes to the Christian community and sincerely belie;ce that this contribution depends upon the preservation of its unique sign-value. Moreover, we hope that it will be meaningfully and truly implemented. Such "true" implementation, in the mind of the lay-men, involves certain conditions, however. First of all, the laity expect religious to be honestly poor. Such pov-erty the layman does not confuse with destitution, but rather understands as involving what the Duquesne Uni-versity Institute of Man program refers to as a "respectful use and celebration of things natural and cultural as gifts of the holy." We appreciate the fact that books, facilities, time, and recreational opportunities are necessary for the religious to function professionally. But we also expect evidence of what Ladislas M. Orsy, S. J. calls "the effica-cious desire to give away [everything] in the name of God's kingdom." 7 All this world's bounty,, therefore, could be employed naturally, intelligently, and happily, but with the evident and effective intention of always viewing the acquisition and use of created goods (including the self) in the con-text of community. Moreover, this intention would em-brace a life-style modeled on that of Christ Himself, whose life was one of frugal simplicity, of reverence for creation, and of availability to all men. Secondly, the laity respond appreciatively to the celi-bate state when it is conceived (to borrow again from the Institute of Man) as involving a "respectful love of self and others as uniquely called and graced by the Sacred." Such love would seek to establish r.elationships of friend-ship with fellow religious and laity, and these would be humanly warm and expressive and unstrained by old fears of compromise and contamination by sexual compli-cations- phobias that have happily been laid to rest.It would presuppose a genuine rejoicing in the goodness of the lay role and the married state and preclude an artifi-cial hierarchical understanding of vocations or distorting comparison of functions based on measures of perfection. And, of course, it would thoroughly dispose of any "mys-tique" of religious life. Celibate love knows that each state of life is necessary to the other, and that each develops in perfection and grace in terms of its counterpart.8 It understands that re-ligious and laity must be wholly open to one another as persons in our contemporary Christian world, because 7 Ladislas M. Orsy, S.J., "Poverty in the Religious Life," REVIEW FOR RELIGIOUS, V. 26 (1967), pp. 60--82. sSee David B. Burrel], C.S.C., "Complementarity," REVIEW FOR RELIGIOUS, V. 26 (1967), pp. 149-60, for a discussion of this point. this is the sine qua non of both human friendship and Christian love. To this end, it welcomes opportunities to join the laity in their homes for occasions of social sig-nificance, and also cordially unlocks the cloister doors so that laymen may breathe of the spirit that uniquely dwells there. But in all these interpersonal relationships, the laymen expects that celibate love will be permeated and directed by a necessary wisdom which is sensitive to the priority of God's relationship to each soul, and efficaciously con-cerned not to frustrate God's plan for it. Thirdly, laymen expect religious, whether they be "subordinates" or "superiors" (or whatever new titles they use) to live a life of genuine obedience. Such a life is nurtured and guided by a r~spectful alertness to what the Institute of Man calls "the dynamics of the life situation as a temporal and local manifestation of God." This means that all elements of a religious community must be finely tuned-in to the real and concrete and changing needs of the world and the Church. It means, in fact, redefining obedience as the act of listening--listening to the will of almighty God making itself explicit through the Scriptures, indeed, but also through the events of the world, the activities of daily living, and through personal contacts with us laymen. In the light of this concept of obedience as listening, the specific authority structures of a religious community seem to us relatively unimportant. What matters is that all members, including "superiors" (and presumably there will always be someone who formally accepts re-sponsibility for the community), to appreciate the neces-sity of others in the decision-making process. They must understand that this imperative follows from the incom-pleteness of any individual in value and operation, and from everyone's need for complementation and perfect-ing. Finally, but actually firstly, the laity expect consecrated religious to be men and women well versed in the art of prayer. We have observed that their prayer life produces an intimacy .with almighty God that penetrates their whole being; and we have often experienced the truth that contact with them is a happy, homely contact with the Divine. Somehow, laymen find it difficult to speak easily or publicly with loving familiarity of God, and tend to tuck Him away for private moments. Yet our hearts respond with almost childlike delight when reli-gious women and men effect His presence in our midst by their relaxed reference to the divine Person who is their friend. But His presentation must also be honest. He must be there as the genuine beloved, or the introduction will .generate resentment and distrust and even, some-÷ ÷ + Layman's Response to Religi'ous VOLUME ~0, 1971 ÷ ÷ M. A. Ha~per times, contempt. And, of course, regular, vital, personal prayer makes the difference--prayer for which action is no substitute. But laymen do expect religious to be action people as well. They expect to find religious present in all situa-tions of want, be these physical poverty, or infirmity, or social injustice, and to support the laity in their human commitment to one another. Moreover, we welcome them to work alongside us in our professions, which we hope and anticipate they will competently enrich by their unique intimacy with and witness tQ. Christ. In all these activities, however, we ask the consecrated religious not to blur their identity with ours. Such blur-ring does not necessarily take place by their choosing ordinary lay clothing instead of traditional habits, though many laymen appreciate some sort of identifiable although contemporary dress or insignia for professional or public appearances, and the reserving of anonymity for private occasions. More to the point is the signaling of God's kingdom mentioned before--the "pilgrim witness" which per-meates the entire personality of the consecrated religious. In the rhythmic, interpenetrating flow of action between the human and the divine in all Christian lives, the lay-man publishes and protects the human. But it is the consecrated religious who points to the divine, and who must give this sign the highest visibility. In days gone by, such visibility was carefully prescribed by rules which governed all aspects of religious life, in-cluding prayer, dress, and general decorum. Today it is a matter of individual responsibility, and each religious must seek ways to radiate God in his own life, and by his own style--a difficult project, indeed, with the old guide-lines gone, and none very clear or precise to take their place. No wonder there have been dark moments of con-fusion, insecurity, and doubts. And the worst may be yet to come as religious-in-transition continue to probe and test their inspirations. During all their struggles, however, we laymen want religious to trust and draw strength from our loyalty and devotion, and from our great confidence that religious will solve their problems and, in their own proper way, continue to mature in Christ. But, most importantly, on every occasion of solicited or unsolicited criticism from us post-Council laymen, we want religious to understand and believe how humanly and eschatalogically, but uniquely, we need them! REVIEW FOR RELIGIOUS 186 BENEDICT M. ASHLEY, O.P. Toward an American Theology of Contemplation Introduction In* the process of renewal of religious life in the United States no question is more polarizing than the role of "contemplation" in religious life today. Some-how Americans have always had difficulty about this question. At the time of the confused "Americanism" controversy in the 1880's, among other errors supposed to be prevalent in the American Church Leo XIII con-demned the emphasis on the active rather khan the con-templative life.1 In a recent history of the Dominican fathers in the United States, The American Dominicans, Father Reginald Coffey has made very clear how the attempt to transplant the Dominican ideal of "contem-plata aliis tradere" ran into astonishing difficulties which have never been resolved after 170 years of earnest effort.2 What is true of the Dominicans. can be paralleled in most of the other" religious orders who came to this coun-try. We cannot ignore this experience, nor assume that the difficulty has arisen because we just have not tried hard enough. Perhaps the reason is that we have been trying to do the impossible and have not had the intellectual courage to think the whole matter through to a better and more practical solution. We have tried to import into American culture a mode of the awareness of God * This article is based on a talk originally given to a meeting of the Dominican Education Association in Atlantic City, April 2 1970. 1See T. T. McAvoy, C.S.C., The American Heresy in Roman Catholicism, 1895-1900 (Notre Dame: University of Notre Dame, 196~). ~Reginald Coffey, O.P., The American Dominicans (New York: St. Martin de Porres Guild, 141 East 65th St., 1968). 4- Benedict Ashley, O.P., is a member of the Institute of Religion and Hu-man Development; Texas Medical Cen-ter; Houston, Texas 77025. VOLUME 30, 1971 187 B. M. Ashley, O.P. REVIEW FOR RELIGIOUS 188 which arose in European culture and which can be achieved in our culture only with strain and artificiality. After all, God reveals Himself to men in the way that He chooses; and He ordinarily chooses a mode of revela-tion suited to their concrete experience and style of life. If contemplation is to be vital for us it must arise from a contact with God present in our world, not in the world of the 13th century, nor the 17th nor the 19th, nor in an artificial world created by a romantic love of the past. Just as we realize there is something decadent in building Gothic churches as if God could only be found in a particular style of architecture, so it is deca-dent to seek a form of prayer in a style of life that is only artificially re-created. We need to study our own culture and see whether in its system of values there is room for an authentic contemplative life. Pragmatism The United States of America as a people began with a theological conception of its mission. Our most influ-ential founders saw this country as a promised land, "the land of opportunity" in which God had given mankind a new chance to realize the kingdom of God, freed from the traditional compromises which the Church had made in Europe with tyrannical monarchies.3 This conception of mission was reenforced by the ac-tual experience of the pioneers in possessing the land, then of American government and business in applying scientific methods of organization and technology to the control of the environment and to the mass education and human development of the people. These experiences have given us a particular under-standing of what truth is. Our most dominant philosophy under thinkers like James, Peirce, and Dewey expresses this idea of truth as.pragmatic or instrumental. Some have understood this philosophy to mean that truth is valuable only as a practical instrument. A study of Dewey will show that this is a misunderstanding. Americans do not limit truth to the role of a mere tool of action, but what they say is that unless truth is effective, unless it leads to change, to growth, to progress, to the liberation of man, it cannot be genuine truth. It follows that the traditional Greek idea of "contem-plation" is very hard for an American to grasp. What do you contemplate? If it is the world or ourselves, then to know the world and ourselves is to see something that ~On the concept of an American theology see the symposium Projections: Shaping an American Theology [or the Future, ed. by Thomas F. O'Meara, O.P. (Garden City: Doubleday, 1970); and Herbert Richardson, Towards an American Theology (New York, 1967). needs to be improved and freed from its restrictions. If you say we contemplate God, then the American says: "Why should I look at God from a distance? If I really engage God as a person, then we must do something to-gether. Surely God is not idl~. To be with God is to engage with Him in His work, and His work is with His world and the people who are His people. We can understand working with someone, we can understand playing with someone, but just looking at some one. !" Tradition Americans experience the past as something foreign (Europe, Mexico, the Far East). As such it fascinates us, and the world is filled with American archaeologists and anthropologists and historical researchers digging into the past and the primitive. But the value, of the past for us is that it tells us "how far we have come" and encourages us to change even more. It does not set for us a norm or a stamp of approval on what we are now doing. In fact, we are inclined to be uneasy if we realize that we are still doing what men found useful in the past. If it was useful then, surely it can be only a hindrance now when we live in such a different age. When we do admire something traditional it is precisely b~cause it is still a success. We marvel that its originators could have been so foresighted, but there must be experiential proof that it still works. From this point of view a young American religious can admire the founder of his order for being so "mod-ern" in the sense that for his times he was forward-look-ing. But the reason, above all, that our vocations are few and that so many younger people leave is that it appears to them that the religious orders are not preparing for the future. To speak to persons of this mentality about the "nnchanging essentials" of religious life. and its time-tested means of silence, cloister, Office, and study that have produced so many saints in the past, is precisely to confirm their greatest fear that their order lives in the past. A young Dominican I know once said: "Our Order is no longer the Order of Trutk, since if it possessed the Truth it would be changing to meet the future. Truth is the capacity to change for the future." Thus, if contemplation is a call to withdraw into the silence of the cloister, to spend much of the day in the chapel at Office or in the library studying the documents of the past in order to occasionally preach a sermon or deliver a lecture, it is not easy to see how this fidelity to the "tried and true" methods of tradition is anything but a "cop-out" from problems of the present. It is worse than taking drugs, because the use of drugs is turning people on to new experiences, while the old monastic ÷ ÷ ÷ Contemplation VOLUME 30~ 1971 189 B. M. Ashley, O.P. REVIEW FOR RELIGIOUS methods seem in actual fact to close people up in stale routines. Prophecy There is a kind of divine truth which the American mind can appreciate, the truth of prophecy. Authentic prophecy, in Biblical terms, is an interpretation and criticism of the present, which also has the effective power to produce the future. It is a call to man to act in co-operation with God, and it announces the doom of him who hesitate~. It is a pragmatic truth in the deepest sense. Writers on contemplation generally emphasize that it is a receptivity or openness to transcendent reality. With-out this receptivity human activity becomes feverish, shallow, and ineffective. I think Americans respond with real understanding to this concept of openness. It is no accident that our country has produced in the psychiatrist' Carl Rogers a remarkable exponent of the "art of listen-ing" who has shown that the basis of all human life is the capacity to be really open to the communication of another person, a communication deeper than mere words.4 But notice the great difference between the American idea of openness and receptivity and that of the monastic tradition as we have ordinarily tried to live it. To be open in the American sense one has to be in the midst of the world and of persons, in the situations where peo-ple are interacting and where God is bringing people together. The monastery seems ideally designed to close people off from one another, and hence to God. What the American tends to see in the monastic tradi-tion is essentially a dualism. There is a dualism of the body and the mind, of matter and spirit, of the world and the cloister, the secular and the sacred, the active and the contemplative. What he protests against is not the mind, the spirit, the cloister, the sacred, or contem-plation, but a tradition which seems to force us to di-chotomize these and to prefer one to the other, or even to make one the basis of the other. The American be-lieves that there must be a contemplative, receptive ele-ment in communication but it is part of a rhythm of action and reception, of interaction. It makes no sense, therefore, to argue that "we contemplate in order to give to others." The giving and receiving are joined in a single activity. We are learning about reality as we act to change it or to communicate with it. *Carl R. Rogers, On Becoming a Person (Boston: Houghton Mifflin, 1961), Chapter 1: "This Is Me." Criticism I think I have said enough to show why the.terms in which traditional books discuss the problem of contem-plation make little sense to young Americans and, I would think, to young Europeans also, because in this the American style of thought has taken a lead throughout the world. It is not true, however, that Americans accept this pragmatic attitude without criticism. To see the need of prophecy as a criticism of our times entails also an attitude of self-criticism. In this the American fondness for depth-psychology, "group dynamics," and "sensitivity training" is characteristic. Americans are seeking a pecu-liar mode of asceticism which involves an exposure of hidden motives to the scrutiny of others. The American is haunted by the fear that he cannot change, that he cannot grow because of fixations, because of blindness and illusion. He is anxious, therefore, to uncover in himself the obstacles to growth. At the present Americans are engaged in-deep self-criticism. We realize that in one sense and paradoxically we are the most conservative country in the developed World. The rapidity of change in the United States has driven the "silent majority" of our people into a defen-sive position. The silent majority (if it is that) iti our religious convents is only a reflection of that frightened conservatism which pervades the whole of American so-ciety. This has produced an atmosphere which is near panic and despair. Americans are deeply frightened that at this moment when we feel so desperately the need to meet the future we will be unable to do so, that we are already locked int6 structures (which we ourselves built) and which we cannot dismantle rapidly enough. The racial problem or the poverty problem in the United States is typical. All of us, even the most conservative really admit that racial discrimination and poverty must go; but we are afraid that the strains of accomplishing this will be more [han we as a society can undertake in a short time, and that tomorrow it will be too late. This self-criticism is, therefore, terribly urgent for the American, and it must be radical. It cannot simply be a matter ~f "adaptation," nor can it be a matter of changing the "accidentals" and retaining the "essentials." We do not think in those terms. What we need, we think, is a new model. It may retain many features of the old, but it must constitute somehow a new response to the future. This entails the serious consideration of whether we should retain the traditional forms of religious life or whether it is necessary to begin new ones. This does not entail, please, notice, that Americans ÷ ÷ ÷ Contemplation VOLUME 30, 1971 191 ÷ + ÷ B. M. Ashley, O.P. REVIEW FOR RELIGIOUS a priori want new and American forms of religious life. Our pragmatism is deeper than that. We are perfectly ready to keep the existing orders if they are el~ective, but not otherwise. Inherent in this self-criticism is also the growing reali-zation that American culture is itself quite sick, and that one of its deep sicknesses is activism. Throughout Amer-ican culture in the most unlikely places there is a strong reaction against pragmatism cbnceived as a religion of success and material productivity. These are seen as de-humanizing, as reducing man to a servant of the ma-chine, of things. Thus American pragmatism is taking a new and purified form. It is still a conviction that truth must be effective, but the effect sought is not material; it is rather to be judged in terms of "the quality of life," a widened and deepened experience, a more intimate communication with other persons, a freer realization of man's creative potential. Experimentalism The outcome of this is that young Americans are looking hopefully to pluralism and experimentalism. Theologically this is understood by many young Catho-olics as the liberating work of the Holy Spirit who dis-tributes His diverse gifts to individuals and groups. In religious life this means a diversity of "life-styles" and apostolates. The danger here, of course, is that the unity of a religious community will be completely disrupted. Sociologists are among the first to warn us that the weak-ening structures and symbols of group unity may render a community completely dysfunctional. However, the advocates of this pluralism and experi-mentalism join it with an insistence on communica-tion, evaluation, feed-back: They do not propose a proc-ess of splintering, but rather a rhythm of changing life in which forms are developed through an interchange of experiences and ideas, and then constantly revised in view of ongoing experience and new ideas. In such a conception it becomes hopeless to talk about "essentials" and "adaptations," and the discussion rather takes the form of talking about "the enrichment of values." The Basic Question Perhaps nothing is more crucial in "this question than the diagnosis which each side makes of the "signs of our times." A recent writer on the renewal of religious life, while conceding many pgsitive aspects to the present sit-uation, singles out as our deepest sickness our secularism, and "insensitivity to the transcendent." ~ This means that for him God is primarily the transcendent, and that He is to be found, therefore, by the various monastic tech-niques by which a man turns away from the noise of the world to the silence beyond the world. This, however, is the very point in question. Is God to be known primarily as "the transcendent?" He may have revealed himself in the monastic period" of the Church primarily in that way, and through the practices of silent and cloistered meditation. But is this the way that He has willed to reveal Himself today? After all, to accept an historical view of revelation as most theologians do today, also entails the conviction that God reveals Him-self to men historically in a way specific to the time. Our problem becomes, therefore, to search for God to-day where He reveals Himself and according to the man-ner in which He, as Lord of History, dictates, not ac-cording to some tradition, however venerable. Our younger people have the conviction that somehow this point of revelation is precisely in the secular, in the pov-erty and the need of our world. This need felt by the world is not an explicit religious need. Rather it is a simple human need of justice, of love, and of peace, but it is authentic need, and that is why God is to be found there. After all Jesus Himself said: "I was poor, hungry, ¯ naked, and in prison, and you did not visit me." ¯ Receptivity Are we then to lose ourselves in meeting the social problems of our time? Is there not a real danger that tak-ing the form of our life from the apostolate we will simply become humanitarian activists? We already see many who are leaving religious life to engage themselves as lay persons in the problems of the world and who in a short time seem to have lost all prophetic sense and simply to have succumbed to the dead routine of com-mercial society. How then can we develop a sincere re-ceptivity to the word of God? It appears incredible to our younger people that this is to be achieved by a return to "conventual life" in its monastic form. Nothing in their experience points this way. Nor do they see in us older religious very convincing proofs that this type of life has in fact made us receptive to what God is doing today. Rather they see that the conservative advocates of regular observance were and are closed to the work of the spirit which has manifested itself in Vatican II in a manner whose authenticity cannot be mistaken. ~Valentine Walgrave, O.P., Do~ninican Self-Appraisal in the Light of the Council (Chicago: Priory, 1968), pp. 112-20. ÷ ÷ + Contemplation VOLUME 30, 1971 193 ÷ ÷ ÷ B. M. Ashley, O.P. REVIEW FOR RELIGIOUS The first step, therefore, to a renewal of genuine re-ceptivity to the Spirit, to authentic contemplation, is an awakened sensitivity to the world's needs, to the 15resente of Jesus in the poor, the suffering, and the despairing. There is, however, a danger that concern for social ills will become a mere "cause," an abstract party ideology little concerned with real people, as Marxism has be-come. To be Christian this concern for the poor and re-ceptivity to their needs must be brought close to home and must become a receptivity to the persons in our daily lives. Hence, we cannot achieve a renewal of the contemplative spirit unless we begin with an increased sensitivity to the human needs of those around us, an openness to dialogue, a freedom of communication. This ability to hear others and to respond to them is hindered by our own lack of self-understanding, which al-lows barriers of communication to grow within us. In the past these walls against others have actually been reenforced by the conventual observances so that nnder the guise of seeking to be more receptive to God we have closed ourselves off to our neighbors. The parable of the Good Samaritan summarizes the tragic fact that religious purity can be an excuse for "passing by on the other side." This growth in self-understanding can, of course, lead to self-centeredness, just as the practice of meditation and examination of conscience sometimes did. The remedy for this excessive subjectivity is study. Books cannot sub-stitute for experience, but experience in interpersonal re-lations does not necessarily produce deeper insight unless it is accompanied by study. If we are to be prophetic men and women we must make use of all the knowledge ¯ ~hich modern science furnishes to help us understand man and his condition; and we must push this explora-tion to its philosophical and theological depths. Perhaps our greatest danger at the moment is to settle for a psy-chological view of man which is positivistic in character and which does not push behind positivist assumptions to the basic problems of human existence. When we speak of study, however, it cannot be a study of texts. In America today, more and more the advance of learning is pulling itself free from the printed page and is becoming a matter of the laboratory, the clinic, the symposium, the workshop. A group of men and women, therefore, who are to be a community of study today will not look like a monastic library or scriptorium; but it will be in constant contact with the gathering of empirical data and the debating of theoretical hypotheses. Because in our times a prophet must also be deeply involved in professional life, he can become overly cere-bral, a human computer. He must fight free of getting trapped in the narrow world of scientic and technological rationalism. If religious life is to foster a prophetic open-ness to reality, it must not reduce our energies to the lim-its of efficient work and productive routine. The esthetic, creative, and spiritual components of human personality must be awakened and developed. The dualism which infected Christian asceticism in the past often led to an atmosphere in which we became closed to all reality which threatened the arousal of our emotions. A certain type of Thomism closed us up in a tight world of defini-tions and classifications that excluded much of God's world of beauty, mystery, and experiential insight. If we are to be open to the prophetic Spirit we must make place in our lives for genuine celebration, the praise of God in His world. The Divine Office originated in such a spirit of praise, but that does not mean that it is today a genuine celebration. Nor are we sure that it can be. In any case we have the obligation to find a way to celebrate our community life in God if we are to be a prophetic community. American life today in a country that possesses half of the world's wealth is clear proof that our riches, which could be the solution to world poverty, are the chief cause of our apathy to poverty. This is true also of our search for security in sex and family, in personal au-tonomy and professional competence. We cannot criti-cize this idolatrous American search for security if our conventual life is itself aimed at security. Thank God, we are becoming insecure! Our decline in vocations is forcing us to liquidate our property and to face a doubt-ful future. We are frightened by the decline in apprecia-tion for celibacy. Is not this the payment for our lack of poverty? If we have a genuine eschatological sense of the urgency of the world's problems--if we were expect-ing to go to jail soon for our share in the revolution-- then celibacy would become very logical. This is true also of obedience. Obedience makes-sense when it is a response to a leadership ready to risk all. American Monasticism Does all this mean that there is no place in American culture for monks or nuns devoted to the contemplative life without an exterior apostolate? The life of Thomas Merton was a sign for us that such a conclusion would be too hasty.0 Americans dislike the ancient dualism be-tween contemplation and action, but they do understand the principle of specialization. If contemplation as a ~ Thomas Merton, Contemplative Prayer (New. York: Herder and Herder, 1969). 4- 4- + Contemplation VOLUME 30, 1971 195 ÷ ÷ ÷ B. M. Ashley, O.P. REVIEW FOR RELIGIOUS 196 value is to be vigorous in American life it must have its specialists. We look to such specialists of contemplation, however, for a pragmatic demonstration that is convincing to our times. Merton provided such a test by showing that his life in the hermitage had made him more sensitive to the problems and opportunities of our times than most of us in active life. If the cloister is to draw young Americans, it should not offer them a retreat from the world, but a place to confront the issues of our time in an intense encounter where every illusion is stripped away. Most of us see our times through the TV screen carefully in-terlaced with commercials whose message is middle-class complacency. If we are to have cloisters, they must be places in which contemplatives look reality square in the face. Far from destroying the monastic tradition this would be a return to its original inspiration which, according to Father Bouyer, was not to escape the world and its evils but to confront them in the desert of unflinching truth, like Jesus "who was led into the desert by the Spirit to be tried by the devil." 7 This requires a rethinking of the traditional monastic means of silence, choral prayer, discipline, and the clois-ter so as to make these truly effective means to a profound self-knowledge, a knowledge of ourselves not cut off from the world, but as responsible for it. It means too that the insight achieved must be shared with others by modes of communication that are effective in our society, and it is here that the deep American interest in com-munications verbal and non-verbal must come into play. The Active Religious Communities Those religious communities dedicated to an active exterior apostolate, if they are to root that apostolate in the authentic receptivity of spirit required to hear the word of God calling to us from crisis situations, need to get to work on the following objectives: 1. Our first objective must be to locate and operate our communities in situations where we will be forced to confront the problems of our time. We must seek a form of life which does not permit us to protect our-selves by false securities from the urgency of the situa-tions which make a prophetic witness a constant demand upon us. Our obedience, chastity, and poverty must be-come functional because they are necessary for us in our r Louis Bouyer, The Spirituality of the New Testament and the Fathers (New York: Descl~e, 1963), especially Chapter 13: "The Origins of Monasticism," pp. 300-3. state of emergency. Our security must be in faith and hope in God alone. 2. Our next objective should be to support each other in this common emergency through a community life that is based on a spirit of openness, receptivity/and di-alogue. A pluralism of life styles and points of view must be combined with a vigorous effort for greater unity .through experiment and dialogue. We must encourage the emergence of leadership, and we must foster the gifts of the Spirit in each member of the community. 3. We must break through the current tendency to faddism and a superficial copying of the techniques of scientific positivism to a deeper, prophetic understanding of man and his problems in the light of the Gospel. This demands that our communities be places of research and study where people of different experiences and compe-tencies can meet to raise penetrating questions and en-gage in mutual criticism of opinions. 4. In order to achieve this openness and to be able to meet the conflict involved in the clash of opinions and tendencies we must in our communities seek a profound purification of the spirit. We should not neglect the techniques provided by modern psychology'and sociology to help us overcome immature and prejudiced modes of thinking, feeling, and acting. Beyond this we must by a disciplined simplicity of life and by personal and com-munity prayer open the way to the action of God's grace. 5. We must find the courage for this renewal in a spirit of celebration of the presence of God in the world and in our community through liturgical prayer and through a genuine enjoyment of friendship in the com-munity and with those we serve. The Eucharist and the praise of God must become for us the fundamental life styIe which unites us in a pluralism of expression and activities. Some will ask: When in all this complex of activities will we come face to face with God, alone and in silence? Can there be genuine contemplation without this naked confrontation? There cannot be. But it is God Himself who calls us to face Him. If He does not call, then we cannot find Him. Therefore, the beginning of our contemplative re-newal must be to answer Him where and when He calls ÷ to us. It seems that today in the United States God is ÷ calling us not in a silent cloister, which is hardly to be + found, but in the situations of fear and doubt, in the desert of alienation, and at the gates of hope where Jesus stands side by side with suffering men and women. We must meet Him there with faith. It is my belief that a religious community which takes this step will be Contemplation VOLUME 30, 1971 197 more truly obedient, chaste, poor, charitable, studious, prayerful, receptive of God's word, and urgently driven to bring God's word to others in their need, than a com-munity which applies itself to some illusion of con-ventual observance. What then is my conclusion? Our American experience shows a great need today of a prophetic mission which will enable men to find God at work in the critical situations of our society. No doubt there is also need of men and women who so feel the urgency of this pro-phetic task, that they are willing to put aside economic, family, and individual securities, to work as a commu-- nity to help the larger community of the Church per-form this task better. Such a community cannot fulfill its prophetic mission unless it is deeply engaged in the world's problems, but it cannot be content to meet these problems superficially. It must penetrate them to the deepest level where God reveals Himself. This implies a search for God in our life together in tl~e world made ever more profound by study, dialogue, discipline, prayer, suffering, and celebration. ÷ ÷ ÷ B. M. AshleT, O.P. REVIEW FOR RELIGIOUS 198 BERNARD VERKAMP Cultic Purity and the Law,of Celibacy The situation as a whole of the early Church, Jean Paul Audet has noted, was one of tremendous simpli-fication. 1 With this simplification came a general flexi-bility, which also found expression in the early structures of the Christian priesthood. Both in the service of the gospel and the ecclesia, the early Christians broke out of the fixed patterns of a sacral priesthood, and freely adopted whatever structures most suited their work." Thus, to come to the subject of our present concern, while some chose to leave their wives or husbands, others, the majority, continued to pursue their mission out of the context of a married and home life.s What is most sig-nificant, however, is that neither one nor the other style of life was thought to be, in itself, incompatible with service. Both were viable options. And such was to re-main the case throughout the first centuries of Christi-anity. In the year 305, however, nineteen bishops from differ-ent parts of Spain gathered at the Synod of Elvira and issued along with various other very stringent measures,4 the following canon touching upon the marital status of the clergy: Placuit in totum prohibere episcopis, presbyteris et diaconi-bus vel omnibus clericis positis in ministerio abstinere se a 1 j. p. Audet, Structures of Christian Priesthood, New York, 1968, p. 80. "~ Ibid., p. 79. ~ Ibid., p. 41. ~ Canon 13 states that a virgiu consecrated to God and committing a carnal sin could receive communion only at the end of her life and after perpetual penance. Bishops, priests, and deacons detected in fornication were, according to Canon 18, to be denied communion for the rest of their lives. And, according to Canon 71, pederasts were not to be admitted to communion even on their deathbeds (Hefele-Leclerq, Histoire des Conciles, Paris, 1907, 1.1, pp. 212-264). ÷ ÷ ÷ Father Bernard Verkamp, a doc-toral candidate in the St. Louis Uni-versity Divinity School, lives at 3658 West Pine Boulevard; St. Louis, Mo. 63108. VOLUME 30, 1971 199 ÷ ÷ ÷ B. Verkamp REVIEW FOR RELIGIOUS '~00 conjugibus suis et non generare filios: quicumque vero [ecerit, ab honore clericatus exterminetur? While stating exactly the opposite, the synod appar-ently meant to forbid bishops, priests, and deacons from continuing sexual relations with their wives.~ Nothing is said about separation of the clerics from their wives; only that they may not relate sexually. There is no ques-tion here of the synod desiring to render the clergy more available for apostolic service. Rather is the prohibition clearly motivated by a concern for cultic purity. This conclusion is further supported by,the phrasing of the canon: ".vel omnibus clericis positis in ministerio." Were this phrase disjunctive, it might have been in-tended only to extend the prohibition to yet another class of clergy, namely, subdeacons. But, in all likelihood,; it is meant to be explicative--with "vel" meaning "id est" --so that the canon must read: "It pleases us to forbid absolutely bishops, priests, and deacons, that is, all clerics engaged in the service of the altarS., from relating sex-ually to their wives and having children." Combining as it does such a variety of elements, it is difficult to say exactly when and by whom this notion of cultic purity was first ushered into Christianity.° But "Canon 1, Hefele-Leclerq, pp. 238-239. " Literally, the canon forbids bishops, priests, and deacons to abstain from intercourse and not to have children. Such a prohibi-tion might have made sense some eighty years later in Spain when the Priscillian brand of Manichaeism was rampant, but not in the Spain of 305. The rigorist tone of all the other canons of this synod would suggest too that the synod did mean the exact opposite of what it actually declared. This conclusion is further supported by the fact that one of the prime agitators for legislation against clerical marriage at the Council of Nicea in 325 was the Spanish bishop Hosius (Hefele-Leclerq, p. 621). 7 See Martin Boelens, Die Klerikerehe in der Gesetzgebung der Kirche, Paderborn, 1968, p~ 39. s p. Harkx, The Fathers on Celibacy, Des Peres, 1968, p. 16, takes "positis in ministerio" to mean "appointed to orifice." But Audet, Structures, p. 13, notes that in the Christian Latin of the period, when referring to pastoral service, the ministerium was generally seen as a sacrum ministerium, that is, as a service of the altar. ~Certainly its introduction was aided to some extent by the disparagement of sex which, despite the Church's rejection of the encratic sects spawned by Gnosticism, began, as early as Athenagoras, to gain ground within Christian circles; see Athenagoras, Supplicatio pro Christi 33, PG 6, 965-967; Minutius Felix, Octavius 31, PL 3, 335-338; Tertullian, Ad Uxorem I, 3, PL 1, 1277-1279; Clement of Alexandria, Christ the Educator 11, "Fathers of the Church," v. 23, New York, 1954, pp. 169f; Sextus, Sentences 230-233, ed. H. Chad-wick, Cambridge, 1959, p. 39. The trend toward sacralization received a major stimulus from Cyprian in the 3rd century; see Letters 1 and 67, "Fathers of the Church," v. 51, Washington, 1964, pp. 3-5 and 232. From Cyprian onward the Old Testament example of the Aaronic priesthood and its laws of periodic continency (Lev 22:3; Lev 15:18; Ex 19:15; 1 Sam 21:5) were appealed to more and more frequently as a model for the Christian priesthood. once introduced, it quickly established itself and became during the next fifteen hundred years the predominant rationale behind the legislation of clerical c6ntinency.1° For more than two hundred years after Elvira, all the legislation regarding the marital status of the clergy in the Western Church11 was solely directed toward pro-hibiting sexual intercourse between the higher clergy and their wives. Not until the Synod of Gerona in 517 did the Spanish bishops require separation. And in other coun-tries such legislation came still later. This fact, in itself, would suggest that throughout those two hundred years clerical continency was motivated almost solely by a con-cern for cultic purity. What other evidence is available supports that conclusion. Outside of Elvira, there was almost no legislation re-garding clerical marriage in the Western Church during the first seventy years of the 4th century.12 But in the 1°This is not, of course, to imply any judgment about the rationale for the chastity of religious men or women during the same period. Our present concern is only with the legislation of clerical celibacy. For a discussion of celibacy in a broader context, J. M. Ford's, ,4 Trilogy on Wisdom and Celibacy, Notre Dame, 1967, is especially good. A recently published work by Roger Gryson, Les origines du cdlibat eccldsiastique du premier au septi~me siecle, Paris, 1970, may also prove helpful. 11 In the East, legislation in this regard took a somewhat different course. At the Synod of Ancyra in 314, it was ruled in canon 10 that any deacon declaring his intention to marry at the time of his appointment might marry even after his ordination and continue in his ministry (Hefele-Leclerq, v. 1.I, pp. 312-313). Without such a prior declaration, however, he could not subsequently marry and still hope to exercise his office. Thus Ancyra already contained at least the germ of the practice eventually adopted by the Eastern Church at Trullo in 692, namely, marriage before but not after ordination. But for all these differences, the legislation in the East was really no less motivated by a desire for cultic purity than in the West, as we shall subsequently see in our discussion of the Synod of Trullo. That the notion of cultic purity was already prevalent in the East in the first half of the fourth century was exemplified by Eusebius of Caesarea when he wrote: "Verumtamen cos, qui sacrati sint, atque in Dei ministerio cultuque occupati, con-tinere deinceps seipsos a commercio uxoris decet" (Demonstrationis evangelicae I, IX, PG 22, 82). Likewise, the Synod of Laodicea, in 350, passed a number of measures which can only be understood within the context of cultic purity. Canon 21 decrees that sub-deacons shall not touch the sacred vessels; canon 44 bars women from approaching near the altar; according to canon 19 only clerics shall be permitted to approach the altar of sacrifice (Hefele-Leclerq, v. 1.2, pp. 1010-'20). On the other hand, however, the Synod of Gangra in 345 sought to check the sectarian thrust of Eustathian asceticism by excommunicating anyone maintaining that when a married priest offers the sacrifice, no one should take part in the service; see canon 4, Hefele-Leclerq, p. 1034. ~2 p. Harkx, The Fathers on Celibacy, p. 17, states that the Synod of Aries (314) reiterated the decrees of Elvira. But, the six appended canons, upon which Harkx bases his conclusion, do not really belong to this synod, but must be ascribed rather to a decretal of Pope + + + Celibacy VOLOME ~0~ 1971 201 last quarter of that century, Popes Damasus I (366-384) and Siricius (384-399) were both very active in initiating a program of clerical continency. Several synods were held at Rome some time around 370, which, while indi-cating a preference for clerical candidates who were not married, nevertheless allowed that someone baptized as an adult and already married might also be ordained, as-suming that he had remained chaste and was a man of one wife ("unius uxoris vir").13 In a letter to the bishops of Gaul, Damasus relayed this and other decisions of the Roman synods along with a discttssion of the reasons for clerical continency.14 A variety of reasons are proffered,1~ but the central argument builds upon the notion of cultic purity.16 The very first synod held at Rome (384) under Pope Siricius, declared in its 9th canon that, because of their daily administration of the sacraments, priests and dea-cons should not have intercourse with their wives.17 In ÷ ÷ ÷ B. Verkarnls REVIEW FOR RELIGIOUS 202 Siricius: "Weil der Wortlaut dieses Kanons mit den cc. 4 trod 5 aus dem Brief des Papstes Siricius an die afrikanischen Bish6fe fast wortlich iibereinstimmt und wahrscheinlich von dort iibernommen worden ist" (Boelens, Die Klerikerehe, p. 28). The Council o[ Nicea (325) forbids any cleric to mutilate himself (c.1) and also prohibits the higher clergy from having the so-called "virgines subintroductae" in their houses (c.3). But its canons say nothing about clerical con-tinency (see Hefele-Leclerq, v. 1.1, pp. 528-620). Apparently, some of the Council fathers had hoped to require continency of the clergy, but thanks to the saintly Egyptian bishop, Paphnutius, this move was checked. E. Schillebeeckx, Clerical Celibacy under Fire, London, 1967, p. 26, cites Mansi 2, 670, in support of his claim that the Council of Nicea forbade marriage after reception of higher orders "according to an ancient tradition of the church." But the canons of Nicea say no such thing. The only possible support for Schillebeeckx's claim might be the statement of Paphnutius that "it would be sufficient, according to the ancient tradition of the Church, if those who had taken holy orders without being married were prohibited from marrying afterwards" (Hefele-Leclerq, v. 1.1, p. 620). an H. Bruns, Canones Apostolorum et conciliorum veterum selecti, Turin, 1959, v. 2, pp. 277f. a~ Ibid. (The text is also presented in PL 13, 1181-96.) ~'~ The authority of Scripture and the fathers; a good example to the widows and virgins, and so forth: ibid. ~"Denique illi qui in templo sacrificia offerebant, ut mundi essent toto anno in templo solo observationis ~nerito permanebant, domos suas penitus nescientes. Certe idolatrae, ut impietates exerceant et daemonibus immolent, imperant sibi continentiam muliebrem et ab secis quoque se purgari volunt, et me interrogas si sacerdos dei vivi spiritualia oblaturus sacrificia purgatus perpetuo debeat esse, an totus in carrie carnis curare debeat facere?" (ibid). x~"Suademus quod sacerdotes et levitae cum uxoribus suis non coeant, quia in ministerio ministri quotidianis necessitatibus occu-pantur., si ergo laicis abstinentia imperatur, ut possint deprecantes audiri, quanto magis sacerdos utique omni ~nomento paratus esse debet, munditiae puritate securus, ne aut sacrificium offerat, aut baptizare cogatur." The canons of this synod have come down to us through the letter of Siricius to the bishops of Africa, which in the following year, Siricius repeats this injunction in a letter to the Spanish bishop Himerus of Tarragona and further embellishes it with the cultic purity rationale. Those priests who have continued to beget children are wrong, he says, when they appeal to the example of the Old Testament priests. These latter were permitted to have children only because the law demanded that only descendants of Levi be admitted to the service of God. Such is no longer the case. Furthermore, the Old Testa-ment priests were strictly enjoined to have no sexual relations with their wives during the time of their service, so that they might present to God an acceptable offering. Priests, therefore, who want their daily sacrifices to be pleasing to God must remain continually chaste,is The 5th century follows a similar pattern. Sexual intercourse is forbidden between higher clergy (deacons, priests, bishops) and their wives.10 But their separation is not required:°0 Why no intercourse? "Because at any moment," the Synod of Tours proclaimed in 460, "they may be summoned to the discharge of a sacred func-tion." 21 Canon 2 of the same synod notes that while those who break this rule need not be deposed from their office,2-0 they shall no longer be eligible to a higher grade and shall not be permitted to offer the holy sacrifice or to assist as deacons.23 To strengthen such an arrangement between the clergy and their wives, a number of synods began during this turn was read at the African Synod of Telepte in 418, whence the present text. See Bruns, op. cit. I, p. 154. It is to this canon that the 6th spurious canon of the Synod of Aries (314) probably owes its origin; supra, footnote 11. ~ See Boelens, Die Klerikerehe, pp. 43-44. Arguments such as this were echoed repeatedly in ihe writings of Ambrose and Jerome who during this period were combating the "errors" of Jovinian and Vigilantius. 19See canon 1, Synod of Toledo (400), Hefele-Leclerq, v. 2.1, p. 123; canon 8, Synod of Turin (c. 400), ibid., p. 134; canons 23 and 24, Synod of Orange (441), ibid., p. 446; canon 2, Synod of Arles (443), ibid., p. 462. Pope Leo I in 446 included subdeacons under the rule; see PL 54, 672-3. ~0 Pope Leo I wrote that from the ti.me of ordination, the higher clergy must convert a carnal union into a spiritual one: "They must, though not sending away their wives, have them as though not having them" (PL 54, 1204). It will be recalled that during this same period the Church expressed itself as vehemently opposed to any "spiritual relations" between the clergy and the virgines subintro-ductae. .ol Hefele-Leclerq, v. 2.2, p. 899. The cultic purity rationale was also expressed during this century by Pope Innocent I (see Audet, Str~*ctures, p. 89) and by the Synod of Telepte (418) which, as we have noted earlier, took over the Letter of Siricius and its canons regarding clerical continency; see Bruns, Canones, v. l, p. 154. -°:As other synods had suggested, for example, c. 4, Synod of Carthage (401), Hefele-Leclerq, v. 2.1, p. 127. .-a. Ibid., v. 2.2, p. 899. + + + Celibacy VOLUME 30, 1971 203 + + 4. B. Verkamp REVIEW FOR RELIGIOUS 204 period to require a vow of chastity prior to ordination. Thus we read in canon 22 of the Synod of Hippo (393) that when lectors have attained the age of puberty, they mnst either marry or make a vow of continence.-04 Later, in 441, a synod at Orange declared that "married men shall not henceforth be ordained deacons unless they have previously vowed chasity." "~ The same decree was repeated at the Synod of Arles in 443.-06 Whatever else these vows came to connote in a later period,-07 there can be little doubt that in their original conception, they were meant simply to support the cultic purity arrange-merit. The next major step in legislation regarding clerical continency came with the rule that the clergy and their wives must separate. Here again the initiative came from Spain. In 517, a synod at Gerona ruled that all ordained married men, from subdeacons to bishops, must cease liv-ing with their wives. If they will not do that, they must at least have living with them someone else who might witness to their conduct."s The last part of this decree suggests something of the motivation underlying the rule of separation stated in the first part. The higher clergy were to separate from their wives, not because they would thereby become more available for Church service, but rather to remove them from suspicion of being less pure than was required of anyone serving at the altar. In other words, the rule of separation was simply a strengthening of the earlier no-interconrse legislation. This becomes even clearer as we trace the development of the law of separation in France during the fith century. Some of the first French synods of this century simply reiterated the EIvira legislation and sought to enforce it by strict penalties. Thus in 535, the Synod of Clermont declared that if anyone is ordained deacon or priest, he must not continne marital interconrse. He becomes a brother of his wife. Those who, inflamed by desire, have "cast off the girdle of the warfare," and have returned to their previous condition,"9 must be deprived of their clerical dignity.:~0 A few years later, however, we see the _o~ Ibid., v. 2.1, p. 87. -"~ Canon 22, ibid., p. 445. ,-,a Canon 2, ibid., p. 462. '-'~ See Schillebeeckx, Clerical Celibacy, p. 60t". ="De conversatione vitae a pontifice usque ad subdiaconum post suscepti honoris oflicium, si qui ex conjugatis fuerint ordinati, ut sine testimonio alterius fratris non utantur auxilio: cure sorore jam ex conjuge facta non habitent; quod si habitare voluerint, alterius [ratris utantur auxilio, cujus testimonio vita eorum debeat clarior apparere" (Bruns, Canones, v. 2, p. 19). See also c. 5, Synod of Toledo (589), ibid., v. 1, p. 214. ._~a,,.abjecto militiae cingulo vomitum pristinum et inhibita rursus conjugia repetiisse." ibid., v. 2, p. 190. ao Canon 13, ibid. start of an attempt to remove the cleric from suspicion, which would climax in a rule like that of Gerona (517). In 541, the Synod of Orleans ruled that bishops, priests, and deacons must not have the same chamber and the same bed with their wives, so that they not be brought into suspicion of carnal intercourse,a~ A synod at Tours in 567 went several steps further, and declared that wherever the bishop resides he must be surrounded with clergy,a" And lest the clergy who serve him come into contact with the maidservants of the bishop's wife, the bishop and his wife shonld have separate abodes,a:~ Sim-ilar rules are laid down for the priests, deacons, and sub-deacons. As very many rural archpriests, deacons, and subdeacons rest under suspicion, of continuing inter-course with their wives, canon 19 states tbat the arch-priest must always have a cleric with him, who accom-panies bim.everywhere and has his bed with him in the same cell;a4 tbe remaining priests, deacons and subdea-cons are warned to take care that their female slaves shall always live where their wives do, while they themselves dwell and pray in their cells alone,a~ A priest who lives with his wife, canon 19 concludes, must not be rever-enced by the people, but disapproved of, because he is a teacher, not of continence, but of vice.a~ In 578, the Synod of Anxerre reiterated the earlier decree of Orleans (541) to the effect that no priest, dea-con, or subdeacon was to sleep in the same bed with his wife after ordination,av In 581, the Synod of Mficon added yet another measure: No woman may enter a bishop's chamber unless two priests or deacons are pres-ent? s Finally, in 583, the Synod of Lyon expressly de-manded that priests and deacons not only have separate beds from their wives but that they also cease all daily contact with them.~9 "t Canon 17, ibid., p. 204. .a~ Canon 12, ibid., p. 227. :~ Ibid. ~' But no priest or monk mlJst sleep in the same bed with an-other, in order to avoid every evil suspicion; ibid., p. 228. a.~ Canon 19, ibid., pp. 229-230. ~ Ibid., p. 230. ar Canon 20, ibid., p. 239. ~ Canon 3, ibid., p. 243. a~ Canon 1, ibid., p. 247: "Placuit etiam, ut si quicuniqne u~oribus juncti ad diaconatus aut presbytcratus ordinem quoquo modo pervenerint, non solum lecto sed etiam frcquentatione quotidiana debeant de nxoribus suis sequcstrari." Outside of Spain and France, the law of separation was only much later enacted. Pope Gregory the Great (590-604) expressly rejected the idea of making those already married leave their wives after ordination unless they had promised continency prior to ordination (Letter 44, PL 77, 505-6). The first Roman synod to require separation was probably that of 743 (See canon 1; Hefele- Leclerq, v. 3.2, p. 851). In the East, the Synod of Trullo (692) rnled + + + Celibacy VOLUME ~0, ~971 205 ÷ ÷ ÷ B. Verkam~ REVIEW FOR RELIGIOUS 206 It is hard, therefore, to escape the impression that, as stated above, the separation of clergy from their wives was anything other than yet another facet of the same concern for cultic purity which underlay the earlier pro-hibition of sexual interconrse. This impression is further enhanced by the fact that French synods of the same pe-riod were passing a variety of measures which could only quicken the process of sacralization. The synod at Tours in 567 declared, for example, that at Masses, as well as at Vigils, the laity are not allowed to stand among the clergy near the altar on which the holy mysteries are solemnized.4° According to the Synod of Orleans (533), no woman must henceforth be given the benedictio dia-conalis. 41 Nor may a woman receive the holy Eucharist with uncovered hand,42 or touch the pall.4,~ Clerics are not to wear secular garments.44 The next six centuries saw no basic change in ec-clesiastical legislation touching upon the clergy's sexual conduct or marital status. The myriad decrees issued during these centuries either simply reiterate previous legislation or attempt to strengthen the same with more stringent penalties or some other positive measures, or, finally, seek to deal with complications arising out of the earlier laws. Some repeated the earlier demands for a vow of chastity prior to ordination.4~ Others encourage({ the adoption of a vita communis by the clergy.46 While none that if a married priest is consecrated bishop, his wife must go into a convent at a considerable distance (canon 48, Hefele-Leclerq, v. 3.1, p. 569). The motivation behind this measure was no less grounded in a concern for cultic purity than were similar measures in the West. Canon 13 of Trullo states that at the time when they must celebrate divine services, subdeacons, deacons, and priests are obliged to refrain from their wives since it has already been ordained that be who ministers in sacred things must be pure (ibid., v. 3.1, p. 565). The bishops must abstain completely because, unlike the priests and deacons, theirs is a fulltime service of the altar. ~o Canon 4, Bruns, Canones, v. 2, p. 226. ~t Canon 18, ibid., p. 187. ~-" Canon 36, Synod of Auxerre (578), ibid., p. 241. ~ Canon 37, ibid. "Canon 5, Synod of Mficon (581), ibid., p. 243. ~ Schillebeeckx, Clerical Celibacy, p. 60, cites the Fourth Council of Toledo (633) in this regard. But the "professio castitatis" to which canon 27 of that Council refers concerns a vow made after ordina-tion by those about to take up a rural pastorate (Bruns, Canones, v. 1, p. 231), and not, as Schillebeeckx says, a vow prior to ordination. This would suggest, as Boelens has noted (Die Klerikerehe, p. 100), that the conversio prior to ordination required by the Synod of Toledo in 527 had fallen out of practice. Vows prior to ordination were, however, required by the following synods: Worms (868); Bourges (1031); Limoges (1031); London (1102). ~ One of the first to advocate systematically the vita communis was Chrodegang of Metz (d. 766); see Bihlmeyer-Tiichle, Church History, Westminster, 1963, v. 2, p. 108). Synods at Canterbury (969), Rome (1059), Rome (1063), and Winchester (1076) encourage the idea. showed any concern for the care of the clergyman's wife and children after separation, a number dictated what was to happen to these latter if they did not separate from the cleric. Both the wives and the children were made subject to being sold or taken into slavery.47 The clergymen themselves were generally threatened with dep-osition in the event of disobedience; but when this had little effect, the legislators moved to forbid the laity from attending the Masses of such clerics.48 This "separation from the altar" of the incontinent cleric was extended by Gregory VII in 1079 to exclude the cleric from entrance into the church, so that he could not even take a passive part in divine worship.49 The notion of cultic purity, which we contend was operative within all this legislation, was not always given explicit expression.~° Gregory VII (1073-1085) himself, who climaxed the period under discussion, most fre-quently appealed only to the need for obedience to papal authority.~1 But his untiring efforts to separate the in-continent clergy from the service of .the altar, and oc-casional utterances to the effect that God can only be 57 Concerning wives, see canon 5, Synod of Toledo (653), Brtms, Canones, v. 1, p. 280; Synod of Rome (1049), Boelens, Die Klerikerehe, p. 135. Regarding children, see canon 10, Synod of Toledo (655), Bruns, Canones, v. 1, p. 295; Synod of Pavia (1022), Hefele-Leclerq, v. 4.2, p. 920. The inability of the children of clergymen to inherit Church goods had long before been established by the Code of Justinian (529), and by Pope Pelagius (556-561). The synods of Toledo (655) and Pavia (1022) reasserted the same. Pope Gregory VII especially showed himself callous as regards the clergyman's dependents. Boelens writes: "Tatsache abet war doch, (lass die meisten verheiratet waren und (lass sic Frau und Kinder hatten, fi_ir die sie zu sorgen batten. Wie sich die gregorianische Reform fiir sic auswirkte, wurde in den Gesetzcn hie erwahnt. Man vcrffigte nicht, was mit Frau und Kindern gcscbchcn sollten; nut immer wicder das Eine: 'crimen fornicationis' oder 'morbus fornica-tionis clericorum' oder bloss cinfach 'fornicatio' muss strong bestraft werden" (Die Klerikerehe, p. 147). ~8See Synods of Rome 0059), Rome (1063), Gerona (1068), Rome (1074), Poitiers (1078), Piacenza (1095), London (1102). Gregory VII also turned to the laity for support when some German bishops refused to cooperate with his refo

Issue 20.3 of the Review for Religious, 1961. ; CONGREGATION OF SEMINARIES Ecclesiasti .al Formation Prot. ,N., 2121:60 LETTER TO THE EPISCOPATE IN THE THIRD CENTI~NARY YEAR OF THE'DEATH OF ST. VIN, CENT DE PAUL ON CERTAIN PROBLEMS OF EC-CLESIASTICAL FORMATION. Your 'Excellency, On June 5th of last y.ear, the Sacred Congregation of Studies, prompted by the wonderful example of the priestly life as typified in the holy Curd of Ars, addressed a letter to the episcopate. [For the text of this letter, see REview Fort R~I.~ctous, 18 (1959), 321-27.] The,.purpose of this letter was to recall to mind some fundamental princi-ples 'of ecclesiastical formation, the lack of which might irrevocably affect the sound preparation of the candidate foi" the priesthood and thus his success in the sacred minis-try. The radiant figure of St. Vincent de Paul, whose name in the third centenary 6f his death has resounded in every corner of the world, induces us to continue and complete our thoughts on this matter. The occasion presents to us anew the life of a saint who/it can be said, was a perfect pattern of Jesus Christ, the Eternal Priest. It offers an ex-ample which merits the earnest consideration of all those who are engaged in preparing students for the priesthood, preparing those who have answered the call to fashion themselves according to the model of the Master. Do not think that w~ are presenting an anachronism; if the spir-itual conditions of the clergy and of ecclesiastical training are happily" very different from, those under which the saint carried out his ~igorous reform, nevertheless the guiding principles which were the leaven of his multiple activity ever remain valid. His activity was impir(d by the eternal value of the Gospel message. The heroic charity which permeated his whole life ca~ not be explained or understood in its full significance un-less we realize that it had its origin in his great concept of the priest and the duties of a priest. ÷ ÷ ÷ Ecclesiastical Formation VOLUME 20, 1961 I6! ÷ ÷ $ac~ed Congregation o] Seminaries REVIEW FOR RELIGIOUS In a time of dire calamity which he felt deeply in his heart, he knew how to confront miseries with comfort and to help all those in need. Through his w~ork of refor.m he had already enkindled in the clergy that zeal which fosters in the faithful the.well-springs of charity. It car/be safely affirmed that there are few ~who l~ave felt to the same extent as St. Vincent de Paul the shpernatural value of the priesthood and its essential importance the Church as the source of Christian life. He had in com-mon with his great contemporaries of the French school a most tender devotion to the mystery of the Incarnation and to the Priesthood of Christ; nevertheless, inspired by his own pastoral experience, he gradually develgp.ed spirituality of his own which was directed immediately towards the practical pastorate and was sustained by an ever.more earnest zeal for,the salvation of souls. His out-look ~ras determined by concrete cases and showed itself in various ways, but it was always based on this funda-mental principle that the priest is the man whom God has selected and called to participate in the Priesthood of Jesus Christ. His task is to continue the work of redemp-tion and, animated with the spirit of Christ, carry still fur-ther .the work which Christ has done and in the way He has done it. For St. Vincent de Paul, our Divine Lord is above all the Savior of mankind and the priest must be another savior who continues His mission of salvation. Therefore he clearly saw. tha_t, the firs5. qualit~ies a prie~st should possess are an ardent charity and apostolic zeal and that if the love of God be the soul of priestly activity, the object of that love must lie in the salvation o~ rfien. See how the saint emphasizes effective love of God: Let us love God, my brethren, but at the cost of our toil and the sweat of our brow. For it often happens that' the various affective acts of the love of God and the interior motions of tender heart, even if they are good and. desirable, are none the less suspect if ,t.hey do not result in effective love. Our Lord Himself says: 'In this is my Father glo~ifidd: that you bring forth very much fruit" (Jn 15:8). w~ must be on our guard be-cause there are many who think that when their exterior de-portment is correct and they are: filled with great sentiments tqwards God that they have fulfilled their duty; but.when they are confronted with the practical work of the apostolate their inadequacy is made manifest. They flatter tti~mselves with their lively imagination; they'are content to converse sweetly with God in pra~er; they even talk the language Of the~ angels; but outside of this when it is a. case of working for God, when.is a case of suffering, of mortification, of instructing the poor, of going in ~earch of lost sheep, of being content'under l~ri~,tions, of a~cepting illness and bther misfortunes, alasl they are not to be counted on, their codrage~fails. Nol Nol We must not deceive ourselves: our whole jqb consists in working.1 a St. Vincent de Paul, Correspondance, entretiens, documents, 162 edited by P. Cost~ (Paris: 1919--25), 11, 40-1. .We c~n say, then, that St. Vincent de Paul sees the priest in- the light of his ministry for souls, souls who are buried in.ignorance of the truths of the faith, souls who are in a state of sin. Or better still, he sees the priest in the light of his service of Christ Himself~' th~it Christ whom the saint kriew how to perceive clearly in the suffering members of the Mystical Body, .even though immersed in the most ab-ject spiritual and bodily misery.- His intense activity consisted in the continual oblation of himself for love of the.God whom he saw and loved in his brethren. Was this activity separated from prayer and from union with God? Such a thought would be the great-est affront to the saint bf charity, since the fire he en-kindled. in others, he had first drawn from the heart of God Himself. We can not do better than to continue the above quotation where We see how graciously the saint treats of the point in'question: ~ There is nothing more conformable to the Gospel than for us to accumu_lafe light and strength for our own souls in prayer, spiritual reading, and solitude, and then to bestow on men this spiritual food. In doing so, we are following the example of our Lord andHis Apostles; we are uniting the task of Martha to that of Mary; we are imitating the dove which itself takes a part of the food.it has gathered for its own nourishment and gives the.rest to feed its young. This is what we must do. This is how we must prove to Gbd that wd love HirfiNthrough the mh.dium"of~ our good works? The aspect'under which he loved to think of the Savior is that foretold, by the Prophet and used by Christ at the beginning of His public lifein reference to Himself: "The spirit~of the Lord is upon me. Wherefore he hath anointed me to preach the gospel to the poor, he hath sent me to heal the contrite of heart, to preach deliverance to the cap-tives, and sight to the blind, to set at liberty them that are bruised, to preach the acceptable year of the Lord and the day of reward" (Lk 4:18-19). The poor, those in tribula-tion and distress, were indeed the special care of Vincent de Paul even if he did not exclude any social class from his apostolic work, seeing it to be his duty as a priest to work for the salvation of all. But to the poor and humble he cer-tainly showed his preference. For them his love was bound-less; it was a love which has given us the most glorious pages, in the annals of Christian charity. They were his principal concern in his reform of the priesthood. "Make good priests" a favorite expression of his meaning "Make holy priests"--signified for him a bringing back of the clergy particularly to their mission of preaching by which th, ey would rescue the people from their ignorance of the truths of the faith and lead them away from sin. By means of this he established an indissoluble link between the See the preceding note. ÷ ÷ ÷ Ecclcslasticai Formatio~ VOLUME 2~ 1961 163 ÷ Sacred Congregation ot Seminaries REVIEW FOR RELIGIOUS 164 priesthood' and the laity: good priests mean a good laity; ignorant or sinful priests are their ruin. From this unify: ing principle, "As the priest, so the people," were derived all St. Vincent's projects for the formation and sanctifica-tion of the clergy: the Congregation of the Mission, for ordinands, the Tuesday conferences, clergy re-treats, and especially the establishment of seminaries. his innovations bore the stamp of God's approval, for hav-ing first given himself up to humble and unceasing prayer he then went forward with his plans slowly and carefully so as not to jeopardize, as he used often say, the work of God. That was in fact characteristic of the man: to ensure that in every undertaking, big or small, he followed will of God, avoiding all forms of impatience which is detrimental but especially so in the carrying out the designs of God. This accounts for the qualities of en-durance which characterized his work. He sought God's will in all things, straining with the single-mindedness a saint towards the perfection which was his ideal for priests. Selection and Evaluation of Candidat.es The reply of St. Vincent to those who were proposing one of his own nephews for sacred orders out of motives not altogether praiseworthy is well known. He s~tid: "F~my part had I known at the time when I haft the rashness to enter the ecclesiastical state what I subsequently learned, I would have preferred to work in the fields than to go forward to such an awe-inspiring state." If we can see here evidence of the saint's constant and profound hu-mility, we can also see an indication of his very great reverence for the priestly vocation. In those unfortunate days when men entered the priest-' hood for motives, other than the wish to serve God and save souls,. St. Vincent's only preoccupation was to prevent from such an unworthy course those "who make the just weep tears of blood." Clearly the reason for his care was that "God gives the graces needful for this hgly state only to those whom, in His goodness, He calls,''3 "Those who enter there without His call would seem to be lost.''4 In these and similar quotations there is obviously evidence of Jansenistic pessimism; we know well St, Vin'-' cent's undying hatred for the harm caused by this teaching and the part he played in its condemnation. Of course, th~ fact is that he saw the priestly vocation through the eyes a saint--in other words, in its true supernatural light. Each priest is individually chosen by God who gives St. Vincent de Paul, op. cir., 6, 155-56. St. Vincent de Paul, op. cit., 5, 569. qualities necessary for his state and the graces to live up to its obligations. It was, therefore, with the express inten-tion of testing the genuineness of vocations and making them effective for leading souls in the path of justice and salvation, that the saint applied 'himself with:unflagging zeal to the establishment of seminaries formed on the Zri-dentine decrees. His first difficulties and reverses in no way daunted him. ., The seminary is of necessity a place of selection and for-mation where~the Church lays on superiors the onus of picking out those really chosen by God in, order that these may be'brought to the height of perfection demanded of them fbr the profitable exercise of their ministry in the world. Selection and formation, therefore, are two essen-tial factors of a seminary which can not be changed. The Church d~mands that this be recognized at all times and under all circumstances. She is guided by Divine Wisdom in the adoption of new methods and their adaptation, de-ciding with loving care how to meet changing conditions. She can never afford to compromise, her fundamental at-titude when dealing with seminaries; according to their state, she flourishes or declines. 'The priesthood is such a high calling, it demands so fine a character, it confers such great powers that it must be the result of a special choice, a special vocation from God. This special vocation is essential to those who are to receive the dignity and exercise the prerogatives of the priesthood. It follows that both the student and the Church should make it their business to find out what the will of God is in each individual case: the student that he may not lightly intrude himself into a state of life so exalted and to which he can lay no claim, the Church that she may not take the risk Of conferring orders on one who has not the necessary requirements. The Church has the strict obligation to seek the signs of a true vocation in all who feel themselves called to the sanctuary. She must make sure, at the same time, that they have the quali-ties which will enable them worthily and efficiently to ful-fill their office. We know that whenever God lays on men such exalted duties and responsibilities, He gives to those so chosen sufficient graces to enable them to carry them out worthily. The candidate puts himself, forward for the judgment of. superiors. It is for the superiors to judge and act accordingly. This scrutiny begins from the time a student first enters the seminary. It ends either with his ordination or with his dismissal as soon as it becomes apparent that he is un-suitable. Each superior in a seminary has his own particu, lar sphere but each, by reason of his sacred trust, has a twofold office. He is to be an educator in the daily task of making a new man out of each of those entrusted to his ÷ + + Ecclesiastical Formation VOLUME 20~ 1961 165 + 4. 4. Sacred Congrega6on oy Seminaries REVIEW FOR RELIGIOUS charge; and he is to be a judge as to whether they are corresponding to the graces they have received, as to their progress or otherwise, as to the evidence of further physi-cal and spiritual develolSment, and. as to their resistance to or inability to profit by the work of formation, it task which can not be shirked. The superiors, in their ac-tions, must be guided by the light of God to whom hearts are open and whom all hearts obey. To evaluate a vocation properly, it is indispensable know the student's whole personality. Taking qualities and abilities singly, considering weak points and defects in isolation, it is possible to be seriously mistaken. These elements must be considered under the aspect of a per-son's whole character-only thus can~ they be viewed their proper light. If we are to reach a-correct judgment on the vocation of candidates for the priesthood, we must not base that jtidgment on first impressions of a particular facet of their character. Rather, we must strive to see the whole person and thus we can reach a balanced estimate of the particular elements which form the,total character. There is a fundamental element in every person from which all the facets of his character spring.It follows, therefore, that the. superior's energy must be directed a profound study of each individual student, maximum importance to,the resourceful energy of the mind which is called will power. For example, some brilliant personalities at first make ¯ very favorable but often they are inconsistent characters who lack the necessary stability and will be unable to face tomorrow's temptations and the great trials of life ahead. They will fall victims to fatal weaknesses altogether much for their defective will power. At other times a. close scrutiny can reveal as' unjustified'the esteem held up then for .the piety or at least the devotional piety of youth who~ otherwise showed no great strength of:'charac-ter. We speak of that apparent piety which is the uncon: scious refuge of the intellectual and spiritual pauper who, once his environment is changed, will stand revealed in his weaknegs, We would insist that superiors watch closely over un-stable natures to see whether this weakness springs only from the youth of the students concerned. This will especially apparent in adolescents. On the other hand, may be a permanent defect of character, as in a youth who will apply himself to a hundred tasks without seeing through to its completion. He may be a pefson of nervous temperament, always vacillating and undecided, who puts one in mind of the: basic neurosis underlying these symptoms. Such characters as ~these, the products of, a world in ferment almost to the point of frenzy, can be blamed for their condition, but they are certainly the most suitable candidates for the ranks of the priest-hood. This requires a strong and even temperament, one ready to endure any sufferings and to take any risks for the advancement of God's kingdom. Therefore, both the who!e.personality and the. many individual traits must be thoroughly.examined, with par-ticular attention being paid to psychological and emo-tional stability. The superior is dealing with the realms of the spirit where the meeting.~of God with man is the inti-mate personal; responsibility of each individual; he must tread warily, making constant use of humble prayer, ap-proaching God with reverence, waiting and listening and sensitive to the-manifestations of His will. Supernatural means must always take the first place, but the aid which the sciences of the educationalist and the psychologist af-ford should not be forgotten. When one's own experience does not suffice, a specialist should be called in. This, of course, must involve no compromise of the faith and nothing which is contrary to Catholic morality must be countenanced. We can never be too careful in such deli-cate matters; this is especially~true because, as competent psychologists tell us, the mental maturity of modern youth frequently lags behind his physical growth---a trap for the unwary who would content themselves by judging from appearances. . In this matter, the Code of Canon Law, c. 973, §3, clearly lays down that there must be "a moral certainty based on positive arguments" . of the candidate's suitability. That is the judgment to be formed before a superior can with a safe conscience advance his candidates to holy orders. If it is impossible :to arrive at this moral certainty, the other rule must be applied, the r_ule stated by Pope Plus XI with equal clarity in his encycIical,letter .4d Catholici sacer-dotii of December 90, 1935: ", . in this [the Pope is speak-ing of dismissal from seminaries] they should keep to the most secure opinion, which in this case is the one most in favor of the penitent, for it saves him from a step which could be for him eternally fatal.''~ The. reason for this clefir~and uncompromising attitude must be evident to all who have at heart the good of the Church whose well-being depends on the qualities of her ministers. In her age-long wisdom, the Church has satis-fied herseIf of the real worth of these qualities, all the more so in view of the heavy burdens she places upon her ministers. Daily, every priest has an enormous weight of pastoral responsibility to bear. The various urgent prob-lems which clamor for his attention create tension and fatigue. He is beset with dangers at every step he takes in a world which is losing its Christian values and submitting ~Acta Apostolicae Sedis, 28 (1936). 41. ÷ + ÷ Ecclesiastical Formation VOLUME 20, 1961 ÷ ÷ ÷ Sacred Congregation ~o! Seminaries REVIEW FOR RELIGIOUS 168 to a paganizing influence. In view of this, it is no wonder that the Church exercises the greatest caution in the choice of those who are to be her priests. For the sake of her good name in the world and for the common good of the faith-ful, she can not afford to advance to orders even a single one whom she deems less suitable, such is the damage she might suffer at his hands. The unsuitable student of today is the unworthy priest of tomorrow. The Church must train up young men of sound moral fiber, ready to re-spond to the highest ideals, men of deep-root.ed convic-tions, prepared for sacrifice arid self-oblation. Only then does she feel confident in presenting them to her divine Spouse for the seal of ordination. Canon law carries a warning for those who have not a true understanding of the "tutiorism" clearly set forth in both general and par-ticular terms in many papal documents. They can not escape the penalty for defaulters with regard to the canon mentioned above. In fact, they are running a grave risk of "sharing in the sins of others:" All laxism must avoided and no other method or moral system may be countenanced which departs.from the line laid down, es~ pecially when it is a matter of making a final decision on student's ability to observe clerical celibacy. Undoubtedly, some otherwise sound moralists hold opinions which can hardly be reconciled with the "tutiorism" of papal pro-nouncements and repeated above. Unfortunately, there is no escaping the fact that 'in spite of the strict instructions of the Sacred Congregation of the Sacraments (Quara ingens of December 27, 19~0, and Magna equidem of December 27, 1955) not a few candi-dates without a true vocation have been admitted to holy orders. It is not a question of mistakes due to human falli-bility, since on examination of the hist6ry of many ship-wrecks, one becomes perfectly aware that clear indications of a lack of vocation to the priesthood could have easily been noticed during the period of training in the semi-nary. Besides, the Sacred Congregation itself has been able, through periodic apostolic visitations ordered in the vari-ous countries under its jurisdiction, to verify the.fact that not infrequently the fault lies in an inadequate sifting of candidates and the retaining in seminaries of students of little promise either from the human or from the supernatural point of view. It would seem that the policy of many superiors is guided by ~the sad state of dioceses which are hampered by a serious lack of priests. How can one act differently, one hears it asked, when we have not the necessary organization for pastoral work---even for the bare. administration of the sacraments? Is it'not per-haps better to have priests, even if they are not the best type of priests, as long as they provide ior the basic spiritual needs of the faithful? Such a utilitarian concept of the priesthood constitutes a denial of the very essence of the priestly vocation and the priestly ministry. Even if it is true that the efficacyof the sacraments does not de-rive from the goodness of the~minister, yet it is no less a fact that the building up of Christian life is closely bound up with the holiness of God's priests. Their mission, as seen from the Gospels, consists precisely in enlightening their flock and protecting them from corruption, not only iby means of grace, but also by the personal example of 'their lives (see Mt 5:13-14). We must not reduce the priest to the level of a mere bureaucrat of the things of God by ignoring his personal qualities and depriving him of the glory of his intimate union with Christ, a union which consists not only in sharing in His powers but also in copy-ing His virtues. This would be to deny in practice the in-escapable demands of the Catholic priesthood and its transcendent dignity. Preoccupation with numbers regardless of quality is clearly seen to be a mistaken policy. The admission to the sacred ministry of men who are only mediocre is a corrupting influence not only on the zeal of their fellow priests whose apostolic effort is thereby lessened but above all on thd intensity of the religious life of the laity. This last, of course, is a necessary condition for the birth of good and numerous vocations. It is' well to remember that in the ordinary course of events the appearance and develop-ment of priestly vocations d~rive from the personal action and example of the priest as from their instrumental cause. It is an undeniable fact that vocations flourish where there are real men of God~' SuCh men who believe in and love the sublime things they handle show forth in all its pure beauty the ideal which they preach. Acting as poles of attraction, they enkindle the spark of the divine call in generous souls who respond to living example rather than to mere words. Let it therefore be quite clear that preoccupation with numbers, whenever it tends to compromise quality, is self-destructive, slowly but surely drying up the sources of vo-cations and paralyzing the work of divine grace. It shows a weak faith, as we see from the vigorous words of Pope Plus XI, quoting St. Thomas Aquinas: Bishops and religious superiors should not be deterred from this needful severity by fear of diminishing the number of priests for the diocese or institute. The Angelic Doctor, St. Thomas, long.ago proposed this difficulty and answered it with his usual lucidity and wisdom: "God never abandons His Church; and so the number of priests will be always sufficient for the needs of the faithful, provided the worthy are advanced and the un-worthy sent away." . We reaffirm that one well-trained priest is worth more than many trained badly or scarcely at all. For ÷ ÷ Ecclesiastical Formation VOLUME 20, 1961 169 4, 4, Sacred Congregation o~ Seminaries REVIEW FOR RELIGIOUS 170 such would not be merely unreliable but a likely souxce of sor-row to the Church,° This Sacred Congregation, therefore, demands with all the force that accrues from its high mandate of watchful-ness, that the most exact and scrupulous care be taken in the choice of candidates. We exhort all those responsible for the task of selection not to minimize in the slightest degree, the wise rules laid down in this matter by Holy Church. Are we to allow ourselves to be overtaken in this respect also by'the children of darkness? We are well aware of the great care these latter exercise in the selection and training of those of their disciples who show the greatest natural gifts and display an ability to influence others; their intention is to use such men to permeate the masses and gain them for their own ends. It is a principle both human and divine that the fate of institutions depends on quality and not on numbers. "Gidedn, with an im-mense host at his command, a host seemingly ready to face any danger or difficulty, hears it said to him by the Lord that in great enterprises, one must count on few, not on many. Selection is the rule of existence, of progress, and of perfection.''7 Let us, therefore, rest our hopes on those alone who are chosen by the Lord. Filled with the spirit of Christ, these men will be the vigorous band who by the integrity of their lives and their burning zeal for souls, will,lead the people of God back to the pure.sources of Christian life, thus ensuring the growth of a vigorous generation of priests. The Training of .Seminarians "To devote oneself to making good priests and~ to co-operate to this end as the secondary, efficient, and instru-mental cause, is to fulfill the very task of Jesus Christ. Our Divine Lord during His life on earth seems to have taken it as His very special work to train twelve good priests, His Apostles; with this end in view, He deigned to stay with them some years to instruct and train them for this sacred ministry." Teachers in seminaries must, then, be intimately united to Christ and must give themselves com-pletely to Him, for their work is the priestly work par excellence, "the most difficult, the most sublime, the most important for the salvation of souls and the progress of Christianity.''s "To make'more perfect priestsl Who can understand' the sublimity of this work?"9 "To make good priests is the greatest achievement in the world; it is ira-e Ad Catholici sacerdotii, Acta Apostolicae Sedis, 28 (1936), 44. ~ John XXIII, "Discourse ~to the Students of the Roman Colleges," January 28, 1960, in Acta Apostolicae Sedis, 52 (1960),272. sSt. Vincent de Paul, op. cir., 11, 7-8. * St. Vincent de Paul, op. cir., 11, 9. possible to conceive anything greater or more impor-tant." 10 For St. Vincent de Paul, therefore, those who have the task of educating candidates for the sanctuary can only be described as the perpetuation of Christ in th.eo~ighest realms of the priesthood. Such m~n carry on the teaching work of our Savior, instilling into the youths called to fol-low Him, those principles which He Himself taught to His Apostles before He sent them out tO procla.,im the message of salvation before men. It follows from this that in the mind of the saint, the seminary must be nothing other than a school in which the students, by means of a fitting preparation, learn those things both human and divine which they will need later if they are to bring forth the fruits of salvation. But they must learn these lessons from their superiors who, for them, stand in the place of Christ and who must be capable of instilling in them the spirit of Christ. The saint's spirituality is vigorous, Some have even con-sidered it hard, but such people have stopped at the mere letter of his vehement teaching without considering the thought behind it. It is true that he never tires of preach-ing reunciation, sacrifice, and detachment from family and from worldly goods; he demands the unconditional surrender of the will; he condemns in no uncertain terms indolence and laziness; he. brands pride as the chief ob-stacle to the triumph of grace in the soul of the priest. He insists on penance as the undoubted means of bearing fruit in the sacred ministry; he exalts the value of suffer-ing, renunciation, sacrifice, and detachment fromrfamily, the complete submission of one's own spirit in order to possess the spirit of Christ. Here we have the pure teach-ing of the Gospel, untainted by compromise or human considerations. It is from the Gospel that the Vincentian method of seminary training gains its strength and vigor. If the saint demands renunciation and sacrifice, he shows them in the light of the love of Christ and of souls. He preaches death too but only as the gateway to a richer life; he too takes the shears to the vine to prune it, to cut away all that is disordered and superfluous, but it is in order that the plant may have a more vigorous growth; he too preaches immolation in union with Christ, but it is as a way of coming to the triumph of the Resurrection at Easter and to the fullness of the Holy Spirit at Pentecost. Because he was intolerant of any form of self-love, including that kind which is more subtle and capable of cloaking itself ambiguously under the most plausible pretexts, he had a heart as vast as the ocean, a heart which was most t~nder, always ready to sympathize with every form of misery, ~°St. Vincent de Paul, up. cir., 12, 14. + + + Ecclesiastical Formation Sacred Congregation of Seminaries REVIEW FOR RELIGIOUS 172 and to beat with a zeal which in him was a devouring flame. Worthy friend of St. 'Francis de Sales, he possessed the delicate virtues of meekness and forbearance; he could rise on the wings of the supernatural over the limitations of human nature and yet stoop with understanding to its weaknesses. He was the Good Samaritan who saw in hu-man nature the humanity of Christ. For this reason he looked upon it with serenity and kindness, seeing it as the necessary foundation on which the dignity of redeemed mankind had to be built. But being conscious of its weak-nesses, he would allow it no more than the role of a means, never that of an end: "For he that will save his life, shall lose it; and he that shall lose his life for my sake, shall find it" (Mt 16:24-25). It is often repeated, and not without truth, that prior to making priests, the teachers in our seminaries should make it their first care to train upright men. The purpose of this assertion is to emphasize the importance of human qualities in the full priestly personality. This is the sincere mind of the Church. She demands precisely the presence of notable natural gifts in formulating a positive judg-ment on the worthiness of candidates, and these are the foundation, the starting point, of the ecclesiastical forma-tion. A vocation does not involve the rejection of the hu-man qualities of man. On the contrary, it places the high-est value on what he is by nature and by grace. The God who gives the divine call is the same God who has be-stowed the gifts and who waits for the day when these talents show their increase (see Lk 19:22 ft.). Grace does not destroy nature; but, according to a Thomistic princi-ple so very fertile in the field of theology, it restores, puri-fies, elevates, and transforms nature. Moreover, it can even be said that, in the ordinary course of events, nature con-ditions grace inasmuch as the action of grace is facilitated where human qualities abound, whereas it is stultified where human qualities are lacking. Consequently, any-thing which is contrary to nature has no part in Christian and priestly virtues; and any educational system which dis-dains natural virtues, even though it be presented under worthy pretexts, would be unreasonable and confusing and fraught with dire consequences. It could become the rock on which the frail barks of many vocations, guided by inexpert helmsmen, would founder. Much more en-couraging is the exhortation of the Apostle: "For the rest, brethren, whatsoever things are true, whatsoever modest, whatsoever just, whatsoever holy, whatsoever lovely, what-soever of good fame, if there be any virtue, if any praise of discipline: think on these things" (Ph 4:8). A wise teacher, then~ conscious of his responsibilities with regard to his students and in the eyes of the Church, will consider with religious care the individuality of each one and will know how to accept, stimulate, and develop the precious per-sonal gifts of each character. However; there has arisen today even in ecclesiastical circles an excessive tendency to ghrink from these duties as educators and to submit ~' ~l~e iiadividualism df oi]r mod-ern youth who seem intolerant of all discipline. There is much talk of how the child must be prepared for future responsibility by reducing restrictions in the field of edu-cation. In the community as a whole, self-government, the vital spirit of democracy, and group decisions are widely praised. This involves an ever decreasing guidance or so-called "interference" from superiors. They accept, that is, if not in theory, at least in practice, the conclusions of certain authorities whose theories, though much in vogue, are nonetheless reprehensible: We may rightly include under this category, those modern theories which, though presented under different names, agree in regarding it as fundamental in all forms of education that children should be allowed to mold their characters entirely at their own will and discretion, Advice from teachers, or elders is rejected and no account is taken of any law of assistance, human or divine. '. Unhappy illusionl Claiming.to emancipate the Child, they enslave'him; they make him a slave to arrogant pride and irregular desire, to a pride and passion which, if their system is true, are to be approved as the needs of an autonomous human nature?a Such theories owe their origin to an over-optimistic con-cept of human nature. They do not appreciate the frailty and inadequacy of man, nor, in his fallen state, his need to be ruled if he is to achieve self-control. This is above all the case with adolescents and young people who are natu-rally immature and often lured by merely transient en-thusiasms and torn by conflicting emotions. "The same thing is not possible for one who has a virtue and for one who does not have it; so too the same thing is not possible for a boy and for a perfect man".''~s If they lack singleness of purpose and perseverance, our students will never be able to control their impulses. In all kindness they must be made to accept subjection to rule and to realize the force of law. In this way, they will acquire deep-rooted habits which will neither stifle thei~ conscience nor restrict their liberty, but which are, on the contrary, the source of freedom and a guarantee of its ex-ercise. There is no doubt that the authority of the su-perior should control the liberty of the student but always in an atmosphere of mutual confidence, active collabora-tion, and charitable understanding. Thus[ the student's development will not stop short at mere p~assive submis-sion, bu.___~t will go to the very roots of his personality. n Pius XI, Divini illius Magistri in Acta Apos,tolicae Sedis, 22 (1950), 69-70. = St. Thomas Aquinas, Summa Theologiae, 1-2, 9.6, 2. + + + Ecclesiastical Formation VOLUME 20, 1961 173 Sacred Congregation of Seminaries REVIEW FOR RELIGIOUS Therefore, we can not approve of the attitude adopted in some institutions where there is not the necessary in-sistence on the fundamental value of the rule in the for-mation of young men for the Church: Discipline is the rule .of life and the way of virtue. If a rule life is necessary for men in general, how much more necessary is it for those called to the priesthood. Therefore, the discipline of the seminary and the observance of rule, even on minor points, should be close to the heart of every student. Superiors are necessary just as Supervision is necessary, but clerics should behave and fulfill their duties without the need of a superior to watch over them.= ~'o ask young students still in the process of formation to carry out their many duties without the help of a full and'detailed rule, to refuse them the benefits of a well ordered discipline, is to leave them a prey to uncertainty and to deprive them 6f an atmosphere which would be most helpful to their own personal efforts. The daily "bearing and forebearing" of a rule observed in detail will bring much fruit. It will develop reserves of will power; will prepare characters of strength and perseverance; and it will foster balanced and methodical minds, minds which will be able to remain master of themselves and control the situations which inevitably arise from the clash with the difficulties of life. We repeat therefore: It is one thing take care that our students, while being obliged to carry out their duty even to the smallest detail, are imbued with right principles both human and divine such as will en-able them to assume responsibili'ty in the future; it is an-other to exclude or compromise the actual value of the obligation. If discipline is to be fully effective, individual teachers must not operate in isolation. On the contrary, one must work together with his colleagues, taking c~re, however, not to intrude unduly in the province of any other. With this collaboration and guided by like con-victions, all can work for the progress of the seminary as a whole. We do not intend to evolve these ideas fully here. But, unfortunately, we must take notice of the fact that natu-ralism seems to have penetrated even into some institu-tions for ecclesiastical training. This has been partly due to those who universally condemn the past as unsuited to the task of forming new generations of young priests and who eagerly search for "up-to-date" methods. Yet an-other cause is the rather fatalistic passivity of those who indeed regret in their heart of hearts this dangerous in-novation in the field of education but still accept it as the inevitable consequence of living in our times. In these instances, there is evidence of a gradual decline which ~ St. Plus X, "Discourse to the Seminaries of Milan," October 14, 174 1908, in Enchiridion Clericorum, n. 827. seems to be affecting every aspect of ecclesiastical educa-tion. The common factor in the whole process seems to be an apprecxable lessemng of the supernatural element. The true foundauons of genmne oecclestast.lca! education prayer, intimate union with Gbd, a spirit of mbrtifica-tion, humility, obedience, withdrawal, and. s.eparauon from the world are retreating ever more into the background to be.replaced by externahsm under the g~ ~se of chanty. The intention is to '~'understand" our' era and the new generation. In reality, it only means givi~ng way to its Shortcomings. One has the impressi6n that teachers, far from exercising restraint, have encouraged and even be-come. obsessed with what is novel and untried. They are concerned rather to grant what would most ~tplease the stu-dent than to insist.on what wouldbe most beneficial, and they have not the courage xo ask.for self-dehial and sacri-rice. ! ¯ But Christ asks for both ~self-~en~al and s crifice. "Deny yourself'.' (Mr 16:24) is at the root of all Hislteaching, and ~t contains the,key to the secret of Christiari vocation and above, all the priestly, calling. The priest is the man of sacrifice, chosen to fill up by his own suffering, sacrifices, and his daily self-immolation that which ~s wanting m the sufferings of Christ (see Col 1:1 2 ) . H . eI ~Socalled to,bear fruits of grace; but without the Cross therelcan be no re-demption (see Heb 9:22). He is called to be alshining'light, but this can only be if he is aflame,with the spirit of self-sacrifice. We need hardly say that this liker~ess to C~hrist, Priest and Victim, must begin in the semirlary.We well realize how long the road is and how strong the resistance of human nature, for many "follow Jesus to the breaking of bread, but few to the drinking of the chalice~of His Passion.TM It is essential, therefore, that ou} students be-gin their self-denial and sacrifices from the loutset. Thus they may come to understand the truth and joy contained in these, words: I But blessed is that man who fir thee, O Lord; abandons all things created; who offers violenc~ to nature and through fervor of spirit crucifies the concupiscence of. the flesl~, so that with serene conscience he.may offer to thee pure prayer and become worthy to be admitted among the choir of angels, having ex-cluded himself both exteriorly and interiorly[ from all the things of earth.~ ., Above all, we must insist on the conflict which Christ Himself emphasized, between His ~spirit andI the'spirit of the world, the world for which Christ did[not wish to pray since it was already permeated wit[i the[spirit of evil and hardened against grace. Therefore His o~n must not :: ~.hKOemma~S,~.'~e:sP.i~, Zmitation o, Christ, ~, 1,, 1. " " P'o , o ¯ I 4. + Ecclesiastical Formation . VOLUME 20, 1961 ÷ ÷ ÷ Sacred Congregation oy Seminaries REVIEW FOR RELIGIOUS be of this world, just as He Himself was not of it (see Jn 17:9 and 14-16; 1 Jn 5:19). They must appreciate that they are consecrated ~o the things of heaven and that al-though taken from the world, they are no longer of it. Only as they detach themselves from the attractions of the world, from its principles, from its methods and from its facile compromises, will they become the salt of the earth and the light of the world. They must be made to realize that a priest does not cut himself off from his own times simply because he refuses to accept their fallacies. In a word, "the man dedicated to the Church, walks indeed this earth, but his mind and heart must look to heaven.''le Likewise in the delicate question of the students' as-cetical training, it is necessary to move slowly and with discretion and to maintaina gentle but firm hand: "ford-ter in re, suaviter in modo" or, to quote our saint, "firm-ness and constancy regarding the end, sweetness and hu-mility regarding the meansY This simply means that we must go back to the' life and teaching of our Savior which, if well presented, exert an irresistible attraction on the minds of the young. Nothing can equal these pure founts. Our students must be led to a spirit of intimacy with Christ, they must live according to that spirit which brings truth and freedom. They must believe in Christ with that strong faith urged by St. John (14:1), that faith which im-plies an unquestioning acceptance of His word, complete. confidence in His help, and a loyalty and correspondence with grace, even to forgetfulness of self. Through 'their daily contact with their Divine Master, they will be im-pelled to be more like Him (see 2 Cor $: 18), to assume His spirit, and thus gradually to achieve "unto a perfect man, unto the measure of the age of the fulness of Christ" (Eph 4:13). This seems to us to be'the royal way, in fact, the only way, in which our students can be made into the apostles of the future, "perfect men, furnished to every good work" (2 Tim 3:17), who will contribute successfully towards "the edifying of the body of Christ" (Eph 4:12). In fact, zeal for souls has always been nourished by a deep spiritual life and by a mortification which is wholly directed to- Wards personal holiness. But there is always a danger of destroying in a short space of time what has taken much labor to prepare. We are referring especially to the impatience, so common these d~ys, whereby our young students are submitted too easily and without the necessary precautions to trials which are beyond their strength. The aim of this, it is said, is that they may become aware of the surroundings 1e John XXlII, "Discourse to. Roman Colleges," in ,4cta Apos- 176 tolicae Sedis, 52 (1960), 262-70. advocate this method deceive themselves inl thinking that I in this way they are securing students against the dangers they are bound to meet with and that at ~he same time they are arousing in them at an early stage, [ m action and by action," the spirit that must animate their future apostolate. Yet they flatter themseh, es th~,t the diocese will thus be supplied with better priests; priests who from the beglnmng of their pastoral work will b'~e able to pro-duce more results and better results; priests who are .in the public eye, leaders of men, who are inla position to bear faithful witness to the Gospel. This policy of haste is not only based on a!mistaken ner-spectlve, ~n so far as it gxves first place to what must neces- I sarily take second place both in importance and in se-quence; but m addmon ~t presupposes somethang whxch does not exist at all, namely, a sp~rxtual, ~nt~ellectual, and moral maturity that is essential if this exper~.ence of which we speak is to be of profit. What is more, it distorts the nature and aim of the seminary as conceived by the Church's legislation. The seminary is not a~ad never can be a place for testing theories and still le~ss a training ground for dangerous and compromising actxwues. It can be nothing other than a home for deep ~piritual and intellectual formation. O1: course, the futureI apostolate is and, must be a source of inspiration, but anyI practical ex-perience must come by degrees and only when the student has reached the requisite standard. Such is th~ mind of the Popes. They are so concerned with keeping the true aim of the seminary intact that they visualize a particular in-stitution with the specific task of initiating the young priests into the various fields of the apostolat6. In this way the transition from the quiet of the seminary is brought about naturally and, with a more adequateI preparation in theory and practice, the danger of eventual spiritual unbalance is precluded,x7 | TO destroy the whole balance of the life~of our semi-naries and their proved worth on the plea of a~n imaginary "apostolate of action" must of necessity do ~mmense harm~' Indeed, it is to be feared that, if priests of t~e future are trained by such a method based on activity, they will not be able to perform really fruitful apostolic ~lwork. They will not be able to surmount difficulties andl discourage-ment and will fall an easy prey to the moral ihstability of ttle restless and treacherous world in which ~ve live. Ex-perience teaches that the bridling of the passions is an interior achievement that must be accomplished in the secret depths of the soul. It takes place slowly ~nd only by a~ See Menti Nostrae (Acta Apostolicae Sedis, 42 [1950] 691-92) and the motu proprio Quandoquidem (Acta Apostolicae S~,dis, 41 [1949], 1.65-67). 4. Ecclesiastical Formation VOLUME 20, 1961 ÷ ÷ ÷ Sacred Congregation oJ Seminaries REVIEW FOR RELIGIOUS means of reflection and recollection. If we allow our stu-dents to throw themselves into external activity, if we leave them free to indulge in that kind of enthusiasm which could easily lead them away from their strict but necessary life of piety and study--even if it is to gain experience of the apostolate---does it not mean, perhaps, that we are drawing them away from their day to day formation which is nourished on prayer, study, and sacri-fice? And at length when their training in the seminary is at an end and they have to face the serious reality of life without sufficient preparation, is it not to be feared that passions suppressed but'not truly subjugated will return? The results of such an education can be observed while still in the seminary. A weakening of piety, a lack of in-clination for all forms of study and especially for specu-lative thought, a discipline that is undermined at its very foundations, and, above all, the appalling superficiality that is found in various branches of education--surely these things are incapable of producing true apostles for the Church. Here we can appropriately quote a saying of St. Vincent de Paul. It can serve as a general rule of- be-havior but it has a special value :when applied to educa~ tion. "Good works fail because people act in too great haste, because they act on their own impulses. This haste has the effect of obscuring the mind and reason and pre-sents the object as possible and opportune. It is not so, and subsequent failure makes it evident.''is Accordingly, rather than use doubtful methods to train a priest just for the present, we must make every effort to form one who will be a priest forever. Conclusion I Your Excellency, before concluding this present letter' in which we have sought to express our concern on cer-, tain matters, we can not but address a last word to the teachers in our seminaries. Whatever position they hold, they are well aware of the seriousness of their duties and of the great responsibility "they bear before God for their students, whom they are seeking to train for the high office that awaits them. In this .unremitting yet hidden toil, which often brings little human satisfaction though it earns much merit, they must never forget their great aim. We are all fully convinced of the importance of en-vironment. Therefore the good will of the students must be encouraged and they must be helped at every stage, of their path towards priestly perfection with all the a.ssist: ance they require. Above all, we would wish that the golden words of Pope Leo XIII be engraved in the hearts of all: 178 nSt. Vincent de Paul, op. cit., 4, 122. n their own field, a personal example of a full, priestly life. l'he example of those in authority, especially for the young, is he most eloquent and persuasive way of convificing them of heir own duties and of fostering a love of wrtue. It is good then that teachers in our semin~aries should se outstanding for their natural gifts, w.hich can win for hem the esteem and trust of their pUpils.°But~ at the same ime, they must realize that natural qualities hnd achieve-nents are of httle use ff they are not ammated by a deep plr~tual hfe. Only th~s can ensure that their work will be ,f real value and bear fruit. The Dlwne Maste.r who dwells n our hearts and speaks to us there "Christ is our ! eacher and He is within us"=0--will be ev, er ready to ,less, increase, .and perfect their work which, by the "rovidence of God, is destined to spread thd mystery of ~Iis Love. We are certain that Your Excellency will ~.ee that this etter be brought to the attention of the superiors of your emmary for their careful cons~deranon. At the same ume, -¢e gladly take this opportunity of express~,ng tO Your ;xcellency our feelings of highest esteem. Rome, Sep-ember 27, 1960.] Yours devotedly in our Lord, JOSEPH Cardinal PIZZARDO, Suburbican Bishop of Albano, Prefect. DINO STAFFA, Titular Archbishop of Caesarea in Palestine, Secretary. Leo XIII, Fin dal principio in Acta Leonis XIII, 22, 254-55. St. Augustine, In lo, 5, 19 (PL 35, 1557). ÷ ÷ ÷ Ecclesiastical Formation VOLUME 20, 1961 179, JAMES I. O'CONNOR, S.J. Some Aspects Religious Authori9 ÷ ÷ ÷ James I. O'Connor, S.J. is professor of canon law at West Baden College, West Baden Springs, Indiana. REVIEW FOR'RELIGIOUS In the Church there are different kinds of authority, One form of authority is called jurisdiction and is the pub lic power of ruling or governing others. It is called publit because it is a power belonging to a perfect society for tht direction of its subjects to the end for which the saic society was constituted. Thus defined, it is a power which belongs both to the State and to the Church. If we narro~ our consideration to jurisdiction in the Church, we can de fine it more fully as the public power of a legitimate su perior, granted by Christ or by His Church through ~ canonical mission, of governing baptized persons to tht achievement of their eternal salvation. This power, native to the Church by reason of its con stitution as set up by Christ, can be and is shared by tht immediate or constitutive parts of the Church by reasor of a canonical mission for the attainment of the purpose o~ the Church. Immediate parts of the Church are diocese: and the clerical exempt religious institutes, As a result! local ordinaries and superiors in clerical exempt religiou: institutes possess true jurisdiction, although the bases art different in each case: in the first case, it is territorial; ir the second, personal. Other moral persons in the Church do not possess juris diction because they are not immediate divisions of tht Church; that is, they are subject to the authority of ar immediate section; "examples of such are parishes, none exempt religious institutes, and so forth. Consequently~ such divisions are sometimes called mediate sections of tht Church. If such a division has jurisdiction, it is by specia~ grant, not by reason of its nature. Within the perfect society which is the Church, w~ find also other societies which are imperfect in the sens, that they are not self-sufficient and are not independen'li although they have a purpose of their own which, how. ever, is a means to obtain the purposes of the Church. Ex amples of such societies are religious institutes. Therefore, ander different aspects, clerical exempt re'ligious insti-tutes are both immediate and mediate sections of the Church whereas all other religious institutes, are mediate ~ections only. Just as the Church in itself and in its cons,ututive divi- ,ions has authority to govern its subjects (and such power I s called jurisdiction), so also the mediate secuons must have and do possess authority for their proper govern-ment. Since this latter authority ~s not jur~s~hct~on, It ~s :alled dominative power. Both types of powerlor authority are set down in canon 501, §1 of the Code of Canon La¯ w: 'The superiors and chapters, conformably to the consu-tutions and to the umversal law, have dominative or .z°vernin~'o~-r~°wer over their sublects,o and .in eve~ ~ exem p t :lerical institute, they have ecclesiastical jurisaiction in both the internal and external fora." ~i UP to the present century, by way of to juris-cfion as a 'public power to govern, dominhtive power as often called a private power. It was calledI dominative power because it was understood as the power or force .~xercised not only on the matter or content ~of the com-mand- theth "ing to be done or not to be done--but also ~n the will of the subject so that the will oflthe subject igree with that of the superior. Perfect s.u~bjection or ibedience brings the intellect of the subject xn,to harmony qith that of the superior insofar as such subjection may )e possible ~ in view o~ the evidence presented to the in-ellec~. By way o[ further distinction, a third kind 6f authority vas recognized by some writers. They called ~it domestic ~ower or authority. This is the power, for exar~ple, ~vhich ~ religious superior exercises over lay peopleI who work or the community; it is also the power of a ~resident of ~ commercial firm, or the supervisor of a hospital floor or . he head o[ a department has over the employees, It is the ~ower or force over the matter or content of the command ,nly--the thing to be done or not done; there ~ no power ,ver the will, much less over the intellect of th~ employee. While these were the usual distinctions of r~ligious au-hority, they did not cover all the authority of a religious uperior, even in a non-exempt institute. A r~,ligious su- ,erior has authority over many things which ,do not fall .nder dominative and domestic power as described above. 7h ose powers all deal w"~th phy"sical persons~, iwith in" d~- iduals. Some illustrations of a religious superior's au-orxty not exercised over lnd~v~duals as such, at least dl-ectly, are the following: admission to the no,~t~ate and ~ religious profession; limited power to dispense from n.pediments to such admission; administration, of the re- .g~ous community as such; administration of the tern- Religious Authority VOLUME 20, 1961 + 4. 4. James I. O'Connor, S.J. REVIEW FOR RELIGIOUS 182 poralities of the entity over which one has authority, example, to contract loans, negotiate sales, lease property and so forth. What kind of authority is this in the case a superior in a non-exempt religious institute? For centuries it was very disputed among canonist., whether such authority was part of the dominative powel of religious superiors.1 Spearheaded by Father (now dinal) Larraona,~ the opinion that such authority was anc is part of the dominative power of a religious superiol gained ground in the present century. As a result, the olt description of dominative power as a purely private powel had begun to fall by the wayside and certainly seems belong there in view of a rather recent reply from tht Holy See. The power in a society has to correspond to it nature. That nature is public since religious institutes art set up by pontifical authority .as a public state of life More%ver, the Church through lawful representatives r ceives-the vows of such religious and these vows are publi both in themselves and in their effects (Canons 488, 1° 1308, §1). Canon 501, §1 acknowledges only two kinds o authority in religious life: jurisdiction and dominativt power. Since in a non-exempt institute the authority is no jurisdiction and since the power over such things as tern poral administration is not a private power, dominativt power must now be classified in two forms: public ant private. Relative to jurisdiction, many questions can arise; fo~ example, kinds of jurisdiction, delegation and subdelega tion of jurisdiction, conferral of jurisdiction in cases whert a doubt is had as to whether a person possesses or cat possess jurisdiction, conferral of jurisdiction on a persor who objectively does not have it but is commonly believec to have it. All these, as well as some other aspects of juri diction, are nicely provided for in canons 196 to 209. N such provision was made in canon law for correspondin' questions pertinent to dominative power. Nevertheless the same questions.and problems can and do arise fo non-exempt religious superiors. All the discussions which proposed solutions to suc] vexing questions were finally brought to an end by al affirmative reply of the Pontifical Commission for th Authentic Interpretation of the Canons of the Code c Canon Law. An affirmative answer was given on March 2~ 1952, to the question: "Whether the prescriptions c 1Those interested in this dispute and the development of th notion of dominative power are referred to a study by the preser writer, "Dominative Power of Religious Superiors," which was pul fished in The Jurist, 21 (1961), 1-26. ~ "De potestate dominativa publica in iure canonico," in Congressus luridici Internationalis, v. 4 (Rome: Pontificium Insl tutum Utriusque Iuris, 1937), 145-80. canons 197, 199, 206-09, concerning the power of jurisdic-tion, are to be applied, unless the nature of the text or context of the law prevent it, to the dominative power which superiors and chapters have in rehg~ous institutes and in societies of men and womenliving in 'common with-out public vows?''a Many religious superiors seem never to'.have heard of this reply, much less of the canons cited, their wording, and their interpretation. Therefore, we shall :first give an Enghsh translauon of those canons, substa, tuung dorm-native power for jurisdiction so that it will be easier to read, understand, and, later, comment upon them. Canon 197, § 1. Ordinary dominative powei: is that which the law itself attaches to an office; delegated]power is that which is committed to a person, §2. Ord:'.nary power can be neither proper or vicari-ous. Canon 199, §1. One who has ordinary dom,inative power can delegate it to another totally or partial,ly, unless the law expressly provides otherwise. §2, Moreover, dominative power which ,has been dele-gated by the Apostolic~ See can be subde~egated for a single act or habitually, unless the delegate was chosen be-cause of his personal qual,ficauons or subdele.gatmn is for, bidden. §3. Power delegated for a whole class of. cases by one who has ordinary power but is subordinate t0 the Roman Pontiff can be subdelegated in individual cases. §4. In other cases, delegated dominative power can be subdelegated only if subdelegation is expressly permitted. §5. No subdelegated power can ~n turn be subdele-gated unless the power to do so has been expressly granted. Canon 206. If several persons have been d~legated suc-cessively, that one must execute the busines~ whose com-mission was given first and has not been expressly re-voked by a later rescript. Canon 207, §1. Delegated power ceases to exist: by fulfillment of the commission; by lapse of time or by exhaustion of the nut Lber of cases for which it was granted; by cessation of the reason for the delegation; by revocation by the delegator together with lirect notice to the party delegated; or by renunciation on the part o[ the one d, elegated to-gether with direct notice to and acceptance ~by the dele-gator. However, delegated power does not cease with the expiration of the authority of the delegator ekcept in the tw~ cases mentioned in canon 61 . 8Acta Apostolicae Sedis, 44 (1952), 497; T. Lincoln Bouscaren, S.J., Canon Law Digest, v. 3 (Milwaukee: Bruce, 1953), 73. + 4. 4. Religious Authority VOLUME 20, 1961 183 4. 4. ]ames I. O'Connor, $.]. REVIEW FOR RELIGIOUS 184 §3. When several persons have been delegated cor-porately, if one of them loses his power, the delegation of all the others also expires, unless the contrary appears from the tenor of the delegation. Canon 208. In accordance with the norm of canon 183, §2, oidinary power does not expire with the expiration of the authority of the person who conceded the office to which the power is attached. However, it does cease with the loss of the office and is suspended by appeal made ac-cording to law, unless the appeal happens to be made with-out suspensive effect, saving the provisions of canons 2264 and 2284. Canon 209. In common error or in positive and proba-ble doubt of law or of fact, the Church supplies dominative power for the external forum. We shall now give some commentary on each of these canons as well as illustrations of their application and non-application. Canon 197 The word ordinary here is a technical term and is not to be confused with our everyday usage of the word as meaning usual, regular, habitual, and so forth. For power to be ordinary two things must be verified: 1) the power must be given by the law itself, whether that law be the Code of Canon Law or the constitutions, which are the particular law of the religious institute; 2) the power con-ferred by this general or particular law must be attached to an office in the institute. An office, as canon 145, §1 tells us, is a function permanently established by divine or ecclesiastical ordinance, conferred conformably to the sa-cred canons, and carrying with it some participation in ecclesiastical power of orders or jurisdiction, or (now in virtue of the 1952 reply) dominative power. Thus, the power of a superior to govern the house or the province or the whole institute is ordinary dominative power be-cause the power is conferred in canon 501, §I of the code and is attached to the office of superior, no matter who may be the incumbent .in the office. The details of that power are partly spelled out in later canons of the code and partly in the constitutions. Some examples of ordinary power from the code are: government of the community over which one is superior; administration of the temporalities of the entity in which one holds office; admission to novitiate and to religious profession; limited prolongation of postulancy, novitiate, and temporal profession; anticipation of renewal of tem-porary profession; change of cession and disposition of one's property; admission of outsiders into cloister in certain instances; egress of religious from cloister under certain conditions; exclusion from renewal of temporary vows or admission to perpetual vows; in all communities, the conduct of the preparatory process fo~/ dismissal of perpetually professed members and, in diocesan law in-stitutes, also that for dismisSal of temporaiily professed members. Not every superior ~has all these powers: some be-long only to the superior general; others ark had also by provincials; still others are possessed by the 16cal superior. Just which superior, alone or conjointly with! another, has these powers must be learned: from reading ~he code and the constitutions. ~i. Some common examples of ordinary power from par-cular law, that is, the constitutions, are: reception of isitors; going out to visit; making trips; dispensation from disciplinary articles of the constitutions; and ]o forth. The details determining the exercise of such po.wers will, in each case, have to be gleaned from the constitutions. Delegated power is defined in the canon. It is any power ~or ta bueth iomriatyg iwnehdic, hw iist hnoout to crdoinnsairdye.r Dinegl etghaet ep~lr psoonw eorf cthane ~lelegate whereas ordinary power can be conceived even though nobody holds the office to which the law attaches ~1 e authority. Ordinary power ~s inherent ,to the office; ~elegated power must always be invested in aI person. r Delegation is conferred by word of mouth or in writing wh l"ch may be the written law itself or some other form of ocument or rescript. A rescript ~s s~mply a written reply to a question or petition. Delegated authority must always be given expressly. Express conferral may be explicit or implicit. Explicit :lelegation is had when the superior in so many words nforms another that he is hereby given suct~-and-such a ~ower or faculty or authority. Implicit delegauon is ~ower of authority or a faculty which ~s not conferred in o many words but which is contained witl~in another ~ower or faculty explicitly conferred which, m turn, can ~ot be exercised either at all or, at least, not ade-quately unless the other power or facul'ty is also ~ossessed. In such a case that other power or faculty s implicitly conferred. Thus, for example, a supe- "ior delegates a subject to investigate a t~oublesome ~tuauon and take care of it. This is explicit delega-ion. When the investigation is made, the delegate finds hat the effective way to correct it is to revoke ~ delegated aculty of the party concerned or to impose a penance. qowever, the superior did not tell the delegate he had he power to revoke in one instance or to punish in the ~ther. Nevertheless, since the superior delegated the per-on to take care of the situation, implicitly ~e thereby lso delegated to him all the power necessary to effect that vhich was explicitly delegated. Delegated authority is not to be confused with pre-÷ ÷ ÷ Religious Authority VOLUME 20, 1961 185 + lames I. O'Connor, S.]. REVIEW FOR RELIGIOUS 186 sumed authority. In the case of presumed authority, the person making the presumption can not contact the party having the authority. Further, after weighing all the cir-cumstances and what is sincerely believed the superior or official would do if asked, he draws the conclusion that the authority would be granted if the superior or official could be contacted. Such action is very different from the express grant of authority made by the superior or official to a definite 'person or group of persons. What power can be delegated will be taken up under canon 199. Ordinary power is said to be proper when it is possessed and exercised in one's own name. Hence, the authority given by the code or constitutions to the superior general, the provincial, and the local superior is both ordinary and proper. Vicarious power is ordinary because the law, especially the constitutions, provides for the office of vicar and the authority of the vicar is determined and conferred by the law itself. However, vicarious power differs from proper power in that the former is not exercised in one's own name but in the name and according to the mind of the superior whose vicar this party is. As a result, when the superior can not discharge his office, for example, because absent from the community or because confined to his room by sickness, and so forth, the vicar becomes acting su-perior and has most, if not all, of the authority of the su-perior. But this authority must be exercised as the supe-rior himself would exercise it. Consequently, the vicar may not take advantage of his position to change the policies established by the superior, even though the change may be desirable. Likewise, he can not grant a re quest which has been already refused by the superior. Moreover, as soon as the superior is again able to discharge his office himself, the power of the vicar ceases because the function of the office of vicar ceases. Vicarious power and delegated power are alike in that in both cases the power is not proper and so is exercised in the name of another. These powers are unlike in tha! vicarious authority is annexed by and spelled out in the law whereas delegated authority depends totally on the will of the delegator as to what authority is possessed. Th~ two forms of power also have different norms as to when and how they are terminated as will be seen by comparin~ canons 207 and 208 as well as what was said above abou~ the cessation of vicarious power. In the light of these distinctions between delegated, Vi carious, and proper power, it seems worth while notin~ that in orders and congregations having a hierarchica form of government, the local superior in regard to hi own community is not a vicar or a delegate of the pro vincial or general superior. This point is explicitly se down in article 312 of the Normae drawn u~ by th Sacred Congregation for Religious. Some . superiors seem not to be aware of the position legally held by the local,superior. This Is especially, true when, the major su-perior drops in~ on the local community either merely for a stopove;,or for a canonical v, isitation. ThE local superior is and remains the true superior of the lo~al community and still possesses and has the right of exercise of all the authority cgnferred on a local superior byI the code and by the constitutibns; The Norma~ in article 265 e~plicitly state thav a provincial or general superior ,can not at the same time be a 19cal superior. A very immediate~and logi-cal ~onclusion follows from tha~t premise: Itherefore, the major suoerior can not take over the functions of a local superi~r.'O'ne,can not.lawfully discharge tl~e function of an office one'does not and ~n h~t ha~. , The only ~xception to this ge~aeral rule islthat in which the local c~mmunity is composed only of m~mbers of the provincial or general curia. Even ~n such cases, ff the com-mumty ~s large, as it ~s in some orders and congregauons, a special religious ~s appointed to be the local superior of the house since such work would notably interfere with the prlnc~paJ wo.rk 9f the major sqpenor m the admxms-tration of the province or institute. A word of caution o~ught to be injected here. There are some "active'-' communities which seem n_ot ~to be obhged by, the~above norms because their local superiors have on!y thg authority th,e top sup.eripr grants the~m. However, such communities do not have the government olan of the ordinary order or congregation. Theirs is [1~ monastic form of government inowhich there is only lone superior who is the equivalent of the abbot or abbess in a ~trictly monastic con~munity. What look like local-~ommunities are not such, canonically; they are not separate moral or jund~c.al~persons. As a result, the superiors" of such houses, are not true superiors in their own right but are vica~rs qr delegates of the one and only true superior. Their authori~ty, then, is only what th,,e one superiorl gives them. Canon !~9 . This canon sets down the rules governing tlie' delegation of authority. In the first place we are told that everybody who has ordinary dominative power can delegate any part of it or the whole of it to another person unless the law, namely the code or the constitutions, expressly declares otherwise. In the absence of a contrary reqmre, ment ~n the law, the delegator may delegate any person competent [or th e assi"gnment, whether the delegated party be a mem-ber of t e ~nst~tute or not. Hence, a qualified s~uperior can delegate the priest who comes to say the community Mass to receive the vows of one of.the commumty. ,Whale the canon does not put a time limit on the duration of the Religious Authority VOLUME 20~, 19bl 187 James 1. O'Connor, $.J. REVIEW FOR RELIGIOUS delegation, even when all the authority of a sup6rior or official is delegated to another, it is usually p~inted out'by moralists and canonists that such unlimited delegation of all authority is an abdication of one's own resppnsibility. Therefore, delegation of total authority should be granted for a fiXed time only and, ordinarily, for a comparatively short time. ' ~ Delegated power can be used in any legitimate way un-less the manner of use was also defined at the time of dele-gation. When delegation is made, the terms of delegation should be clear to both delegator and delegate so that all doubts and misunderstandings can be avoided. In this first paragraph of canon 199 the solution is of-fered to many problems of superiors. So very often supe-riors, and especially local superiors, complain that the), have no time to be a real superior, to be a mother or father, ~s the case may be, to the members of the community be-cause their time is largely taken up with granting routine permissions, distributing articles, for example, writing supplies, dentifrices, ~ind so forth, so that there is very lit-tle or no time left to help subjects with doubts, questions, and problems. One way of getting that necessary time is to delegate some one or more persons in the community to grant those routine permissions, to distribute articles to the members of the comm~unity, to handle the mail, and so forth. Heretofore some superiors doubted whether they could use such a means as delegation) Whatever grounds for doubt" existed earlier, there is certainly no basis' for such doubts since the 1952 reply of the Code Commission. In as much as the right to delegate is granted by law to all having ordinary power, this power to delegate is itself part of that ordinary power and the superior needs no approval of a higher superior if he chooses to delegate his authority. It may be that a superior in one institute can not delegate to the same extent as a superior in another in-stitute because of a limitation contained in the constitu, tions which is not found in the second set of constitu(ions. Such a limitation, however, has to be found in the law; otherwise there is no restriction except, as previously noted, in the case of delegation of total authority for an indefinite period of time. Occasionally a superior is afraid to delegate authority because he fears the delegated party may use poor judg-ment, abuse authority, and so forth. This simply means that the superior should be as careful as possible in" the selection of the person to be delegated. Sometimes this is the only real way to find out what a given person will do with authority. Secondly, if such faults occur and the dele-~ gate does not amend after advice and correction, since the authority belongs to the superior, just as that authority Could be delegated, so also it can be revoked at any time the delegator judges it should¯ Conseq.u1e tnht dyl, e e e-gator never has to feel that once authority is delegated, it is gone forever from his control. The second situation in which delegation is allowed by general law is that in which~:tileHdly See d~leg'a~t~s an in-fervor, who, ~n turn, may pass on delegation to a third party. Such delegation of delegated power is called sub-delegation. Subdelegation can be granted either for a soli-tary case or for all such cases unless the Holy See's con-ferral of delegauon exphcltly states that the delegate has been chosen because of his personal quahficat~ons or un-less the Holy See exphcltly forbids subdelegauon. To date, there is no general grant of delegation of dom~na-ttve power by the Holy See to all'religious superiors. An examrfle of such a general grant of delegatei:l ]urtsd~ctton ~s the brochure of qumquenmal faculties to local ordi-naries, some of which can not be subdelegatedA Another occasion in which subdelegationlcan be made is found in canon 199, §3. Here the original delegate re-ceives his authority from a person who posse.sses ordinary power 'but who is a. subordinate, of the Holy See. More-over, the delegate must have authority over a whole class of cases or business. In this situation, the del~egate has the authority from the code to subdelegate t~artt or all of his authority to a given individual for all cases! or only one case, or he can subdelegate many persons forI one case. There are or can be a number of instances in which this law can be applied. Perhaps the best exampl~ is that of a hospital administrator or a college or university president, The ultimate responsibility for the hospital br school be-longs to the superior. However, because ofI the load of work involved in functioning as a religious superior,' espe, clally of a large commumty, and also funcuomng as the I administrator of the hospital or the president of the col-lege or university, the work-load is split andlthat part of the superior's authority which pert~ains to thee operation of the hospital or school is delegated to another who serves as admtmstrator or president.5 Th~s ~s delegauon by a person hawng ordinary power but subject to the Roman Pontiff. It is conferred for a whole class of cases or busi-ness, namely, operating the hospital or schooi. If need or usefulness should dictate, the administrator ~r president | t T. Lincoln Bouscaren, S.J. and James I. O'Conn!r, S.J., Canon Law Digest, v. 4 (Milwaukee: Bruce, 1958), 69-82. I . ~ Such split authority can give rise to many problems. A suggested method for dividing the authority in the case of hospitals can be found in an article by the present author, "The Hosp.~tal ~n Canon Law;" in Hospital Progress, 41 (February, 1960), 361-87. Most of the suggested division of authority can be applied to col!ege and uni-versity presidents by simply substituting "president" for "adminis-trator ¯" I Religious Authority VOLUME 20, 1961 189 ]ames L O'~,o~nor, S.]. REVIEW FOR RELIGIOUS 190 has the authority from the code to subdelegate part or all of his authority in~ an individual case. Another example, in a different line, is that in which the local superior is delegated by the superior general or, if competent, by the provincial, to receive the vows of all~ who make profession, temporary or perpetual, in the hduse of that superior: This, again, is delegation for a whole class of cases, namely, the reception of vows. Such a local superior, if impeded from receiving the vows him-self, could subdelegate another, for example, one of the community or the priest celebrating the vow Mass, to re-ceive the vows on this particular occasion. Apart from the two cases provided for in §§2-3 of canon 199, §4 prohibits subdelegation of delegated authority un-less Such delegation is expressly permitted by the original delegator. Subdelegated authority can never be again sub-delegated unless an express grant to that effect was .made when the first subdelegation was given (canon 199, §5). Canon 206 Canon 206 supposes a' situation where, for example, three sisters receive delegation for the same task: Sister Felicitas on January 2; Sister Mary on January 3; and Sis-ter Josephine on. January 5. While all three have delega-tion, which one has the right and obligation to exercise her delegation? Canon 206 replies that the person whose commission was first given has the right and duty; in: our case, that is Sister Felicitas, An exception to this rule is made if a later commission contains a revocation of the earlier grant; for example, if in Sister Josephine's appoint-ment there is also found an explicit revocation of the dele-gation previously extended to Sisters Felicitas and Mary~ Canon 207 ~ Canon 207 lists the ways in which delegated power ceases to exist. Only §1 and §3 are quoted above because §2 can not apply to purely dominative power. Only a brief commentary seems useful here. I) Fulfillment of commission: the delegated authority ceases as soon as the job for which it was given~has been completed. 2) Lapse of time: authority was delegated to December 31, 1960 inclusive. With the end of 1960 the delegated authority also ended. 3) Exhaustion of number of cases: delegation, was ex~ tended to receive vows on five occasions. After the fifth occasion the delegation is lost. 4) Cessation of the reason for delegation: Sister Felicitas is delegated to govern the convent of St. Helen, December 26-31 because the local superior is to be away to attend a series of special conferences. On December 24th word is ~ceived that the director o the con erence has taken eriously sick and the conferences have been ~alled :of[. As result, the superior does not go away Dece.mber 26-31. ince the reason for Sister Felicitas' delegation .has now eased, her delegation also ceaseS. .5) Revocation by the delegator roger er wxth direct no-ice to the delegate; of great imp ortance in~ this stpi ula-ion is the word direct. An example: Brother Hilary has ¯ een delegated by his provincial to negouate the, sale of a ,fece of community property. Before he has time to com- ,lete the transacuon, he hears from a fellow rehg~ous who appened to pass through the prownclal's re.s~dence 'that he provincial said he was writinga letter to Brother Hil-ry revoking his delegauon. The same day l~e hears this ews, Brother Hflary happens to have an appointment to lose the property deal. Does he still have~delegauon to do :~? He does, because he himself has not received dire~t otice from his provincial of the revocation ofldelegation; e merely heard of it from an unofficial sourc.e. If the fel- :~w religious was commissioned by the provincial to in, ~rm Brother Hflary of the revocauon, then Brother s elegat~on would cease as soon as he was informed by h~s eligious confrere. ~6) Rentinciation on the part of the delegate ~together ,ith direct notice to and acceptance by the:del~gator: Two ~ings are to be noticed in this instance: dire~t notice to nd acceptance by the delegator. Direct ha~ the same -~eaning as above regarding revocation. In addition to the irect notice, for instance, Brother Hllary reforms his pro-incial by letter or phone that he is renouncing the dele-auon g~ven him, there must be acceptance by lthe delega- ~r. Brother Hilary does not lose his delegation unless his rovincial accepts.,the renunciation. | . After listing all the ways a given individual@ay lose his elegation, the canon goes on to add a situation in which elegation is not lost, even though, at first glance, it might -em delegation is lost: An illustration will l~elp: Sister enigna, a local superior, has been delegated by her ,other general to receive all vows pronounced in her con-znt. Mother general went out of office Januu~ry 5th be-muse she died that evening. On the morning.+f January ,~h, Sister Benigna received the vows of some s~sters in her ~mmunity. Later that day she learns of mother" general!s eath. Now Sister Benigna wonders if she had ~lelegation ~ recexve the vows that morning. Sxnce no hm~tat~on was ut on her delegation, her authority continued on Janu-y 6th and still continues after that date unless the new ,other general revokes the delegation. The law on this point makes an exception in the two ~ses mentioned in canon 61 which reads: umess ~t should opear otherwise from appended clauses, or unless the re~ I ÷ ÷ ÷ P~ligious Authority ¯ VOLUME 20~ 1961 19l ÷ ÷ ÷ ]ames I. O'Connor, S.J. REVIEW FOR,RELIGIOUS script confers on some person the power to grant a favo to particular persons named in it and the matter is stil intact." Examples of "appended clauses" are: "As long as I a. superior general"; "As long as I wish." With her remova from the office of superior general, both appended clause cause a cessation of the delegated authority. The "As lon as I wish" can be had only if she is competent to grant th delegation. With removal from office she is no longer co petent to have such a wish effectively; therefore, the del gation ceases. The second exception supposes delegation, for exampl to permit Sisters Gervase and Protase to take a trip t Europe. For one or other reason, the delegate has not ye done anything about granting the permission to :the tw sisters named. Unexpectedly, the delegating superior die Since the matter of the delegation is still intact, that i has not been touched, has not had even a beginning o execution, the delegation ceases. Hence the erstwhile del gate is no longer competent to grant the favor and Sister Gervase and Protase are out of a European trip. Canon 207, §3 considers the case where two or more pe sons have been delegated as a single body to carry ou some commission. Brothers John, James, and Joseph hav all been delegated as a unit to transact some business fo the community. Brother Joseph renounces his delegatio by direct word to the delegator who, in turn, accepts th renunciation, Unless the contrary appears from the orig nal delegation, the delegation of Brothers John and Jame automatically ceases. Canon 208 In canon 208 the code turns to the question of cessatio~ of ordinary power. It repeats the norm already mentionec in canon 183, §2; namely, an ecclesiastical office is not los by the loss of authority in the party who conferred th~ office, Therefore, canon 208 draws the logical conclusio~ that authority attached to an office by the law, that i~ ordinary power, is not lost when the party who conferre, the office loses his own authority. This norm is similar t. that for delegated authority at the end of canon 207, ~§1. In the present instance, the case supposed is that, fc example, of a local superior who was appointed to offic by a competent higher superior. The term o~ the highe superior ends before that of the local superior appointe~ The local superior's power, derived from law through hi office, continues even though the party who put him int the office has now lost his authority. Ordinary power ceases when one loses the office t which such authority was attached. The power is su pended, that is, it is possessed but can not be used, if i! possessor lawfully appeals a decision to a higher superior, unless the nature of the appeal is such that it does not prevent immediate execution of ~the original deCision. Ap-peals in judicial processes usually produce suspension of the decision; otherwise, for example, in purely°fid~ainis, trative decisions, appeal or, more exactly, recourse does not suspend the decision (canon 1889). The norm set down above does not derogate from the provisions of canons 2264 and 2284. The first of these canons stipulates that an act of dominative power is il-licit if placed by an excommunicated person. Further, if the excommunication has been pronounced in either a condemnatory or a declaratory sentence of a judge, the act is also invalid. An exception to that law is contained in canon 2261, §2; but both it as well as canon 2284 can ap-ply only to priests, not to sisters and brothers. Canon 209 The last of the jurisdictional canons made applicable to dominative power is of .extreme importance, even though it is not usually of frequent'application. It solves situations which earlier caused very serious problems. Canon 209 supposes a situation where, in the objective order, a superior certainly lacks dominative power or has it only in a doubtful way, In the latter case, the doubt must be positive and probable, that is, there must be good arguments in favor of possession of the authority but there must also be good arguments against its possession. The source of the doubt may arise from a lack of clarity in the law itself or from the lack of certainty that a given fact or facts exist. An illustration of a doubt of law is found in canon 105, 1° concerning the necessity of having a consultive vote of councilors in order that the superior may act validly. As it stands, the canon says: "It is sufficient for valid action if the superior hears the councilors." It is disputed among canonists whether such a hearing is required for valid action because, contrary to its usual language, the canon does not say required. As a result, since the law itself is doubtful, even if the superior did not consult the council where consultation was prescribed in the general law or in the constitutions, the superior's exercise of dominative power is certainly valid since', in virtue of canon 209, de-fect of authority is supplied by the Church in such an in-stance. A doubt of fact means that with regard toa given event there are arguments for and against its existence. If the fact is required as a condition for possessing dominative power, the Church again supplies the authority needed. To illustrate: On May 15, 1960, Brother Joachim was ap-pointed provincial by competent authority. Some time + + + Religious Authority VOLUME 20, 1961 ~93 + ÷ ÷ James 1. O'Connor, $.]. REVIEW FOR RELIGIOUS later it comes out that at the time of his appointment Brother Joachim seems not to have completed his thirtieth year of age. If that is true, then, without a papal dis-pensation he is not a validly appointed provincial and, furthermore, lacks the dominative power of a provincial. An investigation of the matter shows some documents as well as testimony of relatives and friends indicating he was born August 16, 1929. However, other reliable sources give the year as 1930. Further investigation does nothing to solve the doubt regarding Brother's-birth date. If he was born in 1930, he did not possess one quality required by canon 504 to qualify'as a valid provincial. The doubt in this problem has nothi~g to do with the meaning of the law; it centers on whether or not a given fact occurred in one year or another. Hence, it is a doubt of fact, Since the doubt is both positive and probable, that is, capable of proof both ways, the Church supplies the dominative power brother needed for all his actions. As a result, they are all valid and licit. As for the future, brother should, of course, be reappointed by competent authority since it is not certain that the original appointment was valid. The third instance in which the Church supplies domi-native power is that in which there is no doubt either of law or of fact but because of some externally perceptible circumstance a person is commonly believed to be a valid superior when the real truth is that this person is not, Such a condition of affairs is called common error. From the evidence available and in accord with limited knowledge, the community forms the judgment that Sis-ter Lioba was duly elected superior general on February 11, 1958. She proceeds to exercise all the powers granted such a superior in the code and in the constitutions. One day in the summer of 1960 Sister Sophia, one of the gen-eral councilors, is attending a canon law lecture at the end of which she is very disturbed and consults-the lecturer. The consultation reveals the following facts as certain be-yond all doubt. Sister Lioba pronounced her temporary vows on August 17, 1937; she made her perpetual profes-sion on August 15, 1940. During the annual retreat of 1956 something the retreat master said raised the question whether Sister Lioba had valid perpetual vows. The above sets of dates of her professions, in virtue of canon 572, §2 in conjunctibn with canons 574, §1 and 34, §5 which re-quire a full three yea.rs of temporary vows, from date to date, in order to have a valid perpetual profession, clearly prove she was not validly professed of perpetual vows on August 15, 1940. Consequently, on August 15, 1956, with the full reali~zation of the invalidity of the 1940 profession, she pronounced her perpetual vows. At the general chap-ter on February 11, 1958, she was elected superior general. Because sister certainly had perpetual vows then; because it had been almost twenty-one years since sister pro-nounced her first vows; because the casting and counting 3f the ballots had been canonically performed; and be-cause the presiding local ordinary declared the elections met all the requirements of ciin6n law, all the sister's 6f the zommunity concluded that Sister Lioba was their new su-perior general. Sister Sophia's disturbance of mind was caused by a ;tatement of the lecturer that, among other qualifications, a :religious, in order to be a valid superior general, must have been validly professed a minimum of ten years, in-cluding the time of temporary vows (canon 504). Mother Lioba, although in the community since 1935, as of Feb-ruary 11, 1958 had valid vows for only just under four and a half years (August 17, 1937-August 17, 1940; August 15, 1956-February 11, 1958). Therefore, Mother Lioba is not really the superior general. Ignorance of the law on this point, even though it excused from all sin because nobody knew any better, does not prevent the canonical effect of the non-observance of the law, for the reason that canon 504 does not provide for ignorance as excusing from the effects of canon law (canon 16, §1). That is all bad enough. However, since a validly chosen superior is required for valid admission of candidates to the novitiate, to tempo-rary and per.petual' professions, to negotiate contracts of sale or loan, to appoint provincials and local superiors, and so forth, what about the validity of all those admis-fions, contracts, appointments, as well as all other actions whose validity depended on a validly chosen superior? Prior to the 1952 reply, cases like this with their chain reaction of multiple invalidities were something of a night-mare to canonists who in various ways sought to find a legal remedy to prevent' such awful consequences. The ;urest way to take care of such cases was to request from the Holy See what is called a radical sanation (sanatio in radice). Now in virtue of the 1952 reply, in such circum-stances, namely, where common error is had, the Church mpplies the dominative power necessary for the acts ~laced by such a "superior." Consequently, as regards the ictions of Mother Lioba, all those requiring dominative 3ower in order that they be valid, are all valid by supplied iuthority. As in the case of Brother Joachim, so also in :hat of Mother Lioba the status as superior should be vali- ]ated if possible. In the present instance the easiest way ~zould be to petition the Holy See for a radical sanation. These considerations should make for a better under- .tanding and appreciation of religious authority or dotal: ~ative power and especially of the application of certain urisdictional canons to that authority. + 4- + Religious Authority VOLUME 20~ 1961 195 FRANCIS N. KORTH, S.J. Total Dedicatio in the Worl ÷ ÷ ÷ Francis N. Korth, S.J., is professor o[ canon law at St. Mary's Col-lege, St. Marys, Kansas. REVIEW FOR RELIGIOUS ]96 The apostolic constitution, Provida Mater Ecclesia, o February 2, 1947, focused attention upon a new, otficiall~ approved type of totally dedicated life in the world namely, the life in secular institutes. Members of these institutes bind themselves to the practice of evangelica poverty, chastity, and obedience according to their con stitutions for the purposes of personal sanctification and of apostolic work. Secular institutes are the third corn ponent of the juridical state of perfection-to-be-acquired as that state exists at present in the Church; the othei two components are the various kinds of religious insti tutes and of societies of common life. Outside the juridical state of perfection-to-be-acquired, there exist other groups many of them in a stage of development or growth, whose members dedicate themselves totally to an apostolic life and personal sanctification. Religious institutes and societies of common life (ex amples of these latter are the Paulist Fathers, the Mary knoll Missionary Fathers, the Vincentian Fathers) are well established and known in this country. Not so seculaI institutes, since they are a more recent development. Secular Institutes in the United States In an effort to help the growth of this new form ol specially.dedicated life in this country, as well as to make these groups and other similar groups better known and understood, a small number of interestedpersons:met in the summer of 1949 to talk things over. A year later in July, 1950, the first general meeting of such groups with some seventy participants, was held in Washington D.G. From this developed an unofficial national cente, (operating with the knowledge.and approval of ecclesiasti. cal superiors) for the purpose of coordinating activity and~ of collecting and disseminating information. Until 1957 this center was located and serviced at Notre Dame Uni cersity under the able and generous leadership of Father Ioseph Haley, C.S.C. Two other persons who have played mportant roles from the beginning are Father Patrick ~lancy, O.P. and Father Stephen Hartdegen, O.F.M. In lanuary, 1952, a restricted' gathering (seventy-five 'per- .ons attended, however) met at Notre Dame University. Fhe proceedings of both the 1950 Washington meeting ~nd this 1952 meeting at Notre Dame were compiled. In August of that same year, 1952, the first National ,~ongress of Religious in the United States' was held at Notre Dame University; during this Congress two papers were given on secular institutes. About the same time ~ome published materials about secular institutes ap-peared, and some talks were given to various groups about the same subject. In February, 1954, a meeting 3f twenty-six interested priests took place in Chicago. Meanwhile, an informational bulletin was being issued from time to time by the national coordinating center. The interests of the coordinating center had now been extended to include, besides secular institutes, other groups devoted to a life of total dedication in the world. The bulletin received the expanded title of Bulletin on the Dedicated Life in the World and Secular Institutes. In 1955 a workshop for dedicated persons in the world was conducted at Chicago. That same year regional meet-ings were held in San Francisco and New Orleans, fol-lowed by one in Chicago the next year and one in Boston in 1957. The national center's bulletin was now appear-ing under the name of Bulletin of the Life of Total Dedication in the World. In 1957 there was published a ;ymposium, Apostolic Sanctity in the World, edited by Father Haley, C.S.C.; in August of the Same year a ,aational meeting of representatives of the four regional areas was held at Notre Dame University. The Sacred Congregation for Religious had been ac-quainted with these different activities and meetings. ~'or purposes of unifying the activity and of guiding the zfforts of all concerned along proper lines and in con- ~ormity with the Holy See's directives in this matter, the 3acred Congregation urged that all these related activities ,~e now placed under the direction and guidance of the .~onference of Major Superiors of Men's Institutes in :he United States. Father Joseph Haley, c.s.c, had been in charge of zoordinating efforts until 1957, at which date the national ,nformation and coordinating center was shifted to Wash- .ngton, D.C. with Father Stempen Hartdegen, O.F.M. of Holy Name College in that city as the national director tnd president of the newly proposed (but not yet fully tpproved) Conference of the Life of Total Dedication n the World. The plan for this Conference had to be 4- 4. Total Dedication VOLUME 20, 1961 19'/ Francis N. Korth, S.~. REVIEW FOR RELIGIOUS 198 submitted to the Conference of Major Superiors for approval. This approval was obtained (September 29 1959) and 'preparations were then begun for the firs triennial general meeting of the new Conference (here after referred to as the C.L.T.D.W.), Though ~his meeting was projected .for St. Louis in November, 1960, an un foreseen delay caused it to .be held in Washington, D.in January of the following year. The Washington Meeting This first triennial general meeting represented an edu cational effort to make the life of total dedication in world, especially in secular institutes, better known and understood by clergy and laity alike. The program was signed to appeal both to those whose interest in this wa) of life was just beginning and to those whose interest wa~, of long standing. The opening session of the meeting, convened in auditorium of McMahon Hall at The Catholic University on Saturday, January 28, 1961. Chairman of this session was the president of the C.L.T.D.W., Father Hartdegen. O.F.M. More than one hundred and fifty persons (laymen and laywomen, a number of priests, and several brothers and sisters) had registered for the meeting; a fairly large number of visitors, including some clerical students, individual sessions. The first formal paper of the meeting was a review the activities' during the past eleven years in the United States leading up to and culminating in the formation and. official approval of the C.L.T.D.W. This talk, .en-titled "The Conference of the Life of Total Dedication in the World--A Decade of Growth, 1950-1960/' has fur-nished the facts given in the opening part of the present article. Next on the program was a paper with the title, "An Active Lay Apostolate: Condition of Growth of Secular Institutes in the United States." The paper emphasized that an active apostolate and a deep interior life are the conditions for the growth of secular institutes in this coun-try. Secular institutes, the paper continued, are peculiarly suited to the needs of the times; because they are different in their extrinsic elements, they can fulfill the contem-porary apostolate's need of easier access to atheists and sinners; the institutes, accordingly, answer the universal need for an organized secular apostolate and for a deepl interior life. The paper then went on to give a historical and statistical survey of secular institutes, the main point~! of which are summarized below. In 1938.representatives of twenty-five societies or group~" of total dedication in the world came from various part,~ o[ the world to a meeting in Switzerland. Events such these gradually led up to the official, juridical recognition of secular institutes by the Church in 1947. In the United States at the present time there are repre-sentatives of twenty-five known groups of persons spe-cially dedicated to the apostdlat~ in the world;~ fli~se are either secular institutes or other groups which might de-velop into secular institutes. (No figures are available for Canada.) Of these twenty-five groups, twelve are secular institutes (eight are pontifical and four diocesan), seven are canonically approved pious associations, and six are not yet canonically established, but are existing with the approval of the bishop. The eight pontifical secular institutes are divided into six with final approval (Company of .St, Paul, Daughters of the Most Holy and Immaculate Heart of Mary, Mis-sionaries of the Kingship of Christ [women's branch], Opus Dei, Society of the Heart of Jesus, and Teresian In-stitute) and two not yet fully approved but having the de-cree of praise (Caritas Christi Union and the Society of Our Lady of the Way). The four diocesan secular insti-tutes are: Missionary Priests of the Kingship of Christ, Regnum Christi, Schoenstatt Sisters of Mary of the Catho-lic Apostolate, and the Secular Institute of St. Plus X. The seven canonically approved pious associations are.' Caritas; Domus Dominae and Domus Domini (Madonna House); Jesus-Caritas, Fraternity of Fr. de Foucauld; Ob-late Missionaries of the Immaculate; Oblates of St. Joseph; Pax Christi; and Rural Parish Workers of Christ the King. The six groups not yet canonically established are: Daughters of Our Lady of Fatima, Ecclesian Institute of Christian Life, Institute of Blessed Martin de Porres Work-ers, Institute of the Mystical Ghrist, Institute of the Word, and Pro Deo Workers. Not falling into the above categories of specially dedi-cated persons in secular institutes or in groups that might develop into such, but still worthy of mention here under a special listing because of total dedication or noteworthy apostolic work being done by their members are the fol-lowing four groups: International Catholic Auxiliaries; La Paix (Lafayette Associated Professional Apostolate of Individual Christians ); Lay Workers of the Sacred Heart; and the Society of the Daughters of St. Francis de Sales. [Some information about the above-mentioned secular institutes and other groups is available in a pamphlet en-titled Chan:~els, published by the national information center whose address is: C.L.T.D.W., Brookland P.O. Box 4522, Washington 17, D.C. The price of the pamphlet is twenty-five cents.] The above groups exist in. nearly thirty of the states, though the overall representation is small. While it is true that the secular institute movement has developed Total Dedfi:atlon VOLUME 2°0, 1961 199 4. Francis N. Korth, $.]. REVIEW FOR RELIGIOUS 200 fairly rapidly, still ther~ is reason for concern about the slowness of growth in the United States. The principal cause of this is perhaps the lack of realization on the part of many of what the modern apostolate means and re-quires; namely, the Christianization of modern society. Life in Secular Institutes Following the two main talks of the morning, the audi-ence was then divided into fourteen smaller work groups. Each group had a leader and a secretary; items presented in the preceding talks were discussed more fully by each group; and prepared questions to aid discussion were dis-tributed. Any conclusions were noted by the secretaries; summaries of these conclusions were presented at the final general session on the last day. The first afternoon speaker treated the topic of "Secular-ity in the States of Perfection of Secular Institutes." He made the point that the secularity of these new institutes does not imply secularism but rather a stable way of totally dedicated life in the world. The member of a secular in-stitute has the obligation of the three evangelical counsels of poverty, chastity, and obedience and is always subject to the will of God expressed by the constituti6ns and by superiors. Some difficulties encountered are loneliness, being misunderstood, and a lack of some of the things of the world while living and moving in it. The lack of com-munity life and of a common garb is hard for outsiders to understand. In addition, the member of a secular in-stitute is on his own to do the required thing: perhaps to give up a movie or a television program in order to be faithful to spiritual exercises, to do without new clothing because of the poverty professed, to stay away from an office party. There are no bells to direct one's day, no assistance from the example of others, as is had in com-munity life. Mentality, personality, and strength above average are needed to lead this life. A person must be an active, militant apostle, for part of a vocation to a life in secular institutes is to be the leaven in the masses. The second part of this first afternoon was devoted to a panel on "The Evangelical Counsels," the panelists being two priests and three lay persons. The first panelist pre-sented the canonical aspects of this topic, commenting on the nature of the vows or promises and their resultant ob-ligation or bond and on the fact that one binds himself according to his paiticular constitutions, that a member of a secular institute is not a religious, and that such a call-' ing is a special vocation which at times may require rather high intellectual qualifications. Prudence and good judgment are essential in any prospective candidate and, of course, a good moral life. Some inner impulse or desire is found, but not necessarily a liking; in other words, there should be some general appeal and an investigation of that appeal, The second panelist considered the moral aspects of a life of poverty, chastity, and obedience. His remarks may be summed up in the followifi~ ~iy. Poverty~ tile ~dical ownership remains, while the useful ownership is re-stricted according to the constitutions. A very strict ac-count of income and expenditures is required, the account being rendered to the superior usually at the time of the annual retreat.Combined with generosity to the poor, frugality is practiced. Ckastily: all sins against' chastity must be avoided and, moreover, ~easonable means must be taken to preserve the full beauty of this virtue. Members in the strict sense of secular institutes are forbidden to marry. Obedience: superiors are to be obeyed within the limits of the rule and constitutions. A formal command would be given in writing or before two witnesses and with the use of a special formula; this power is not to be used beyond what is found in the rule or statutes or constitu-tions. ',The practical "aspects of living poverty, chastity, and obedience in a secular institute were briefly treated by the three remaining panelists, each of whom considered one of the three evangelical counsels. The first speaker discussed the practical living of poverty, At times, he noted, it is difficult to determine the detailed application of poverty, particularly in the case of persons engaged in individual work or careers~ One should live in the spirit of poverty and pray to understand what: living in that spirit means. In everyday living two methods of practicing poverty are followed: 1) the individual keeps his own budget and sup-plies his own needs, getting the necessary permissions from his superiors; 2) income obtained from work is pooled and the needs of individuals are supplied by Superio[s. from the common fund. At times there might also be some com-bination of both these methods. Practical ~tuestions, de-termined or settled by the Constitutions or the rule of life of each institute, inclUde the following: whether or not to keep a budget, how much may be spent without special permission, how much to give to charity on one's own ini-tiative, how much.to give to the institute. A definite record of revenues and expenses must be~ kept and reported to superiors at stated times, Permission is required to spend any amount; a general permission might cover expendi-tures for medicine, toilet articleS, and so forth; for cloth-ing, by way of example, specific or special permission might be required. The alignment of permissions varies with the occupations of the members. In emergencies one may act and later report the matter. A booby trap in 'prac-ticing poverty could be the accepting of gifts from relatives or friends (though in some groups it is permissible tO ao ÷ ÷ ÷ Total Dedication VOLUME 20, 1961 ÷ ÷ ÷ Francis N. Korth, $.1. REVtEW FOR R~t.tGIOUS 202 cept gifts even of money) or working extra hours to earn more money when the time should be given to the apos-tolate. A monthly financial report might be required. The rule of life of a particular group will flesh out its constitu-tions on these and similar points. It is important to note that the practical living or regulation of poverty varies considerably with different institutes. Though there is a great variety concerning poverty in the const.itutions, some restriction is essential for all. The speaker on the practical living of obedience noted that obedience presupposes a mature mentality which sees that it is from Calvary that. the meaning of obedience be-comes clear. Obedience gives one an assurance of fulfilling God's will and it frees from pride. Just as other things connected with secular institutes have secular character-istics, so too does this obedience. The member of a secular institute is neither alone nor completely dependent: There are no .schedules or other helps as in religious institutes. Secular institute obedience must be active; often the su-perior gives only general directives. For example, the hour of rising in the morning and the hour of retiring at night are indicated; but if some friend or guest is in the house, the member could probably bypass that directive for the sake of charity. The last of ~he five panelists discussed the practical living of chastity. This means no marriage and no sin against chastity; for God, marriage is renounced and per-fect chastity is undertaken. In regard to dances and shows, the me .mber of a secular institute does not make a habit of these diversions but "attendance is permissible if charity or the apostolate requires it, One must be selective in tele~ vision programs; similarly, books and movies, if there is time for them, must be chosen wisely. Women members should wear clothing that is modest and suitable for their apostblate. Jewelry should not be expensive; it should be used as part6f the costume and not for show. As a motive for faithfulness in preserving chastity, a deep love of Christ should be cultivated. A strong devotion to the Blessed Mother will also help, as.also will fidelity to the rule, which was given precisely to be of assistance in this matter. Formation of M'embers of Secular Institutes The evening session feat ~ured another panel whose topic was "Formation for the Life. of Total Dedication in the World." This time, there w~ere four panelists, two priests and two lay persons. The first panelist spoke about spirit~ ual instruction and remarked that the purpose of a pro-gram of spiritual instruction is to give glory to God, to further the work of the Church, and to form apostolic secu-lar ambassadors of God.: For this latter purpose, apostolic virtues, especially as detailed in the particular constitu- tions, are necessary. In general there is need of zeal for souls, prudence, fortitude, and the gifts of the Holy Spirit. In any consideration of method in spiritual instruction, it is important to remember that the spiritual life must be allowed to grow by degrees. 'It ~as,suggested by the~speaker that in the period of formation fundamentals be stressed; a knowledge of secular institutes in general and of the con-stitutions of a particular group must be imparted along with the spirit of that particular group. In the period of temporary incorporatibn, the above areas should be devel-oped more fully, the .person should be acquainted with the apostolate of the institute, and forbearance of the faults of others should be inculcated.In the period of final or definitive incorporation there is need for continued spiritual instruction, for growing simplicity in one's spirit-ual life with no overemphasis on either the active or prayer aspect of secular institute life. Spiritual guidance was discussed by the next speaker. The spiritual director of a secular institute, he said, must realize that he is working with specially dedicated souls. He must teach them the principles of the spiritual, life with emphasis on prayer and mortification. He must also teach them to think with the Church, to have zeal, tO lead a life of self-denial in order to live with Christ. For purposes of guidance, the panelist suggested the following three "p's" as useful: 1) a philosophy of life (= the faith); 2) a pro-gram (for which consult the constitutions, customs, and heritage of the particular group); and 3) "passion" (= en-thusiasm for living total dedication). The means at a di-rector's disposal are conferences, lectures, discussions, di-rected spiritual reading, and especially a mirroring of all he teaches. The two lay participants on this panel discussed "Teach-ing and Living the Rule and Constitutions in Secular Life." For teaching the rule and constitutions, the third panelist stressed the need of starting with humility, since one is to serve when one governs or teaches. Compassion, zeal, pity, and patience are necessary to teach or train young people. The teacher must teach by living and must himself be immersed in prayer. In actually teaching, the person to be instructed must be studied and the amount of training or instruction to be given here and now must be duly measured. If the person should at present be con-fused or somewhat emotionally disturbed, teaching of mental hygiene is indicated. The vocabulary of instruc-tion should be adapted to the capacity of the hearer. The questions that will be asked of a teacher of the way of life in a totally dedicated group will always tend to be the same; hence the teacher must learn to be patient with the questioners. The final speaker of the panel gave some thoughts on ÷ ÷ ÷ Total Dedication VOLUME 20, 1961 203 ÷ ÷ ÷ Francis N. Korth, S.$. REVIEW I:OR RELIGIOUS 204 living the rule and constitutions. To this end the personal touch and a greater initiative in the following of Christ are needed, especially for groups that do not have training of members in common. Perfection is to be sought from the rule which must be taught gradually without any great upheaval or change in the candidate's life. It must be stressed, however, that the life the candidate is contem-plating is a life of total dedication. He should be taught that in day-by-day living decisions must be made by the individual, but later he should check his decision with the superior's judgment. In the realm of poverty, one should have as if he had not; hence there should be a spirit of being ready to turn.over all one's money to the in-stitute. In order to live the rule and constitutions there must be a constant, conscientious, mature completeness in giving. On Sunday, January 29, the second day of the meeting, a low Mass was celebrated in the crypt chapel of the Na-tional Shrine of the Immaculate Conception. The sermon at the Mass was entitled "The Catholic University and Secular Institutes." The hope was expressed that at some later date a planned series of general courses might be given at The Catholic University on basic knowledge about secular institutes and on training and spiritual in-struction fundamental for life in any groups devoted to total dedication. The Apostolate The general sessions were again held in the auditorium of McMahon Hall. The opening morning session pre-sented a panel of lay participants on the overall subject of "The Apostolate." Five speakers successively discussed lay missions (two speakers), social work, nursing, and teaching. The first speaker on lay missions gave some background information on the general idea of missionary work in the Church. The particular role of the lay apostle in mission areas, he said, is to develop an atmosphere of Christianity through the practice of Christian principles. To achieve this purpose, the natives must be educated in Christian principles, perhaps initially through the ministrations of those in some profession such as nursing. To prepare mod-ern young people for such lay missionary work on a life-time basis, spiritual preparation must first of all be stressed. Next, the prospective missionaries are to under. stand that there must be no forcing of American attitudes about government and life on the natives. The basic atti-tude of the missionary should be humility; he must be sympathetic to the customs and culture of the people among whom he is working. To this end a study should be made of the culture, philosophy, and literature of the par-ticular missionary country. The second speaker on lay missionary work pointed out that opportunities for laymen to spend their lives as per-manent missionaries are found in ~ay mission societies. A lay missionary should be imbued with the missiona~ry mys-tique: to give. He is "going~oht'' to help other p0~ential members of the Mystical Body. Emotional balance is neces-sary for a lay missionary. He should be able to accommo-date himself to the culture of. the country in which he works. "Missionary poverty" means giving up one's former way of living and even of thinking. Joy will be found in a sense of fulfillment, in the hope enkindled in men's eyes, in the happiness of the children one meets, and in the friendship of the natives. Hardships will include discour-agement, lack of assimilation by the natives, rigors of cli-mate, and the like. Teams of missionaries, as opposed to free lances, supply mental uplift, coordination of activity, spiritual assistance, and so forth. The third panelist spoke on the apostolate of social work, an apostolate that implies service and sacrifice. So-cial work implies climbing into the stream of human events and adversities to serve a fellow human being who is suffering. This demands a spirit of self-sacrifice and the conviction that no human being is trifling or insignificant. The fourth panelist discussed nursing as an apostolate. Nursing, it was said, is an art and science that deals with the patient in his entire environment. The nurse must be a mature person with a ministry of mercy based on the love of God. The nurse is to see Christ in the patients, for there is a need of "a restoration of nursing in Christ" to counter-act a secularistic and materialistic attitude. The average nurse today seems self-centered instead of Christ-centered. The nurse should try to help patients spiritually and should teach the Gospel message by action; thus, for ex-ample, the nurse should be ready "to go the other mile" whenever the opportunity arises. A nurse truly dedicated to Christ shares His sufferings and also His joys. The fifth panelist on the apostolate considered the area of teaching, pointing out that educational statistics in the United States show that many Catholic students on all levels of training are not in Catholic schools. Some sug-gestions have appeared in various publications to meet the situation; for example, to close the first four or five grades in parochial schools, to have fewer but more excellent Catholic schools, or to sacrifice tremendously to retain the entire system. Whatever be the solution to the prob-lem, it will always remain true that Catholic teachers must endeavor to be at least as professionally competent as non-Catholic teachers. The speaker suggested that a specialized apostolic group of lay teachers is needed in this country. Moreover, the influence and activity of the Cath-÷ ÷ ÷ Total Dedication VOLUME 201 I961 £05 Francis N. Eor~h, $.J. REVIEW FOR RELIGIOUS 206 olic teacher could well be extended into the area of adult education. After the close of the Sunday morning session, a formal group luncheon was held, at which the Very Reverend Celsus Wheeler, O.F.M. of the Conference of Major Su: periors of Men's Institutes in the United States gave a word of encouragement to the work done at the meeting. He told those in attendance that secular institutes and other groups requiring a life of total dedication in the world are in a splendid position to establiSh contact with people for apostolic purposes in places and circumstances where priests and religious often could not make contact. The second speaker at the luncheon was a physician, a member of a professional men's sodality, who spoke on the topic,. "Dedication to t~he Lay Apostolate through the Professions." In his speech he stressed that though the lay apostolate can achieve a vfist amount of good, still consid-ering the number of Catholics in the United States, there is not the'desired impact or influence which might be ex-pected. Many young people today have no concept of how their future work as professional men might be utilized for the apostolate. One must learn to think with the Church and to carry that thinking into one's professional life. A deep interior life must be developed so that this can spill over into apostolic work. As an example of what one group of professional men is doing for the apostolate, a detailed description was given by the speaker of the sodality to which he helorigs, of its course of training, and of some of its apostolic activities; his presentation was both impressive and inspiring, A business meeeting was held in the auditoriu

Issue 19.4 of the Review for Religious, 1960. ; Review fOl" Religious The LordIs My Shepherd The Brothers',Vootion: Natural Ideal by Robert D. Cihlar, S.J. Problen~s of the Late Vocation , byDavid "B. IVadhams~ S.M.~ Is Religious DisObedience Al~ays, a Sin? by Joseph J. Farraher, S.J. The Problem of Transition for the Junior sister, by Sister Mary Magdalen, O.P. , Survey of Roman Documents Views, News, PreViews Questions and ,Answers Book Reviews 193 200 207 215 225 232 237 ,240 " 248 The Lord Is My Shepherd The Lord is my shepherd: I want for nothing; he makes me to lie in green pastures, He leads me to waters where I may rest; he restores my soul. He guides me along the right paths for his name's sake. Although I walk in a darksome valley, I shall fear no evil, for thou art with me. Thy crook and thy staff: these comf.o~:t me. Thou preparest a table for me before the eyes of my foes; Thou. anointest my head with oil; my cup brims over. Goodness and kindness will follow me all the days of my life, And I shall dwell in the house of the Lord days without end. BY A SPECIAL INSPIRATION the Psalmist foresaw that the Redeemer would come in the flesh and that He would found a Church and that He would be a Shepherd over it. However, this is not the only instance in the Sacred Scriptures where God alludes in very distinct language to the "Shepherd" mentioned by the words of the Psalmist in this beautiful psalm; but the "Shepherd" whom God has set over His only true Church is also very clearly indicated in the words of Ezekiel where it is stated: "And I will set up one shepherd over them; and he shall feed them, and he shall be their shepherd" (Ez 34:23). Now what is significant in these words is that the same term is here used for "shepherd" and "to feed," so that the sense is that this Shepherd which God has set over His Church is both our Guide and our Food as well. The Lord is not only our Shepherd; but He is also the means by which we are kept in existence, both body and soul. The Lord is our Shepherd who feeds us with Himself; for by means of the Church which He established He continues to say, "Take and eat! This is My Body" (Mt 26:27). By means of His Church He is able to carry out the words of this psalm and fulfill their implication by feed-ing us with Himself; for that is what the words "the Lord is my Shepherd" mean or imply in the original Hebrew, since in The author of this article is an American layman who is living a contemplative life and who wish~s to rhmain anonymous. 193 THE LORD IS MY SHEPHERD Review for Religious that language no distinction is made between tending, govern-ing, and guiding a flock and feeding it. What a wonderful thing it is to have such a Shepherd who is able to feed His sheep, namely, all the faithful, with His own Precious Body and Blood ! But God is not only our Shepherd ; He is also our companion and our friend, since this word shepherd is often used to des-ignate the idea of companionship and friendship. "How beautiful art thou, my love, how beautiful art thou" (Cant 4:1). It is significant that in addressing the souls of all who love Him, God should here make use of a word which is a derivative of the term used by the Psalmist when he refers to Him as his "Shepherd." And so by an extended use of the term shepherd we may refer to our Lord as someone whom we love and in whom we find our whole delight. The Lord is our Shepherd in the sense that it is in Him alone that we can find our whole delight. He alone is the sole object of our love: The Lord is my Shepherd because the guidance He exerts over me is the guid-ance of love and delight. He is Love in nature and essence. The Lord is my Shepherd in the sense that I am being ruled and governed by means of that everlasting love and delight which He is. The Shepherd here spoken of by'the Psalmist is none other than the King of love, and so the dominion He exercises over us is the dominion of love and love alone." God guides and governs us by mean of His love. "The Lo~:d is my Shepherd. I want for nothing." What can be lacking to him who is governed and guided by Love Itself? The Lord is my Shepherd in the sense that I have God Himself for my close com-panion and friend. From the day of my birth 'til the day of my death, this guide in the form of Love Incarnate will be my close companion and friend, so that no circumstance can arise in which His help and friendship will not be there to see me through everything I shall ever have to undergo. Having such a Shepherd we can all say, "I want nothing," that is to say, no circumstance will ever arise in our lives in which we shall suffer any sort of insufficiency; for we will always have what we need from this Divine Lover of our soul, this God who both created and re-deemed us. "I know mine," He tells us in the Gospel of St. John (10:15). He knows us better than we know ourselves, and no real want we can ever have will be overlooked by Him who has loved us from all eternity. There are times when we may think we need what this "Good Shepherd" sees we do not need, and which would not be 194 July, 1960 THE LORD IS MY SHEPHERD of any value for our eternal salvation. One thing we can be sure of, and that is with such a lover as God is, anything we really need to advance in our effort to get to know and love Him better we will most certainly have; and so we shall never be 'devoid of the good necessary for our progress along our journey to our heavenly home. The whole Bible has often been compared to a medicine chest ¯ in which may be found remedies suitable to every need the soul can have on its journey through time. And so, just as we think it nothing at all to rush over to the drug store to get something to soothe our bodily aches, so in like manner we should never be slow to turn to the pages of Holy Writ whenever we feel we need some words of help and consolation in the troubles and trials of this life. Our Lord is often referred to as a physician in the Scriptures. By this it is meant that we should use the words He speaks to us in them as a sort of medicine to apply to the ills of our souls. "Honor the Physician," we read in the Book of Ecclesiasticus (38:1). "Honor the Physician for the need thou hast of Him. For all healing is from God . The most high hath created medicines . . . and the wise man will not abhor them." Though these words refer to the medicines the doctor prescribes for the ills of our bodies, we know that in addition to the literal meaning of these words, there is also a spiritual and a mystical one. They also refer to that Heavenly Physician which our Lord is and the many remedies He has devised for the many ills of our souls. "The most high hath created medicines" in the form of the Church with her entire sacramental system; and so, "a wise man will not abhor them." At present, though, we intend to limit our consideration to the medicines to be found in the Sacred Scriptures and especially as these may be had in the words of the twenty-second psalm, and in many others as well; for in one of them we actually see the Psalmist call upon God as we do on an earthly doctor and say to Him, "Heal me, O Lord, and I shall be healed." These two words heal and healed are so rich in Hebrew that we can hardly realize the comfort they bring when read in the original, since besides the connotation of healing they are also a metaphor for comfort and consolation. When in the words of the Psalmist we ask God to "heal" us, we include the petition that we should be restored to that pristine felicity we all posses-sed before we fell into sin. We ask God that we should one day win back that same unmarred happiness Adam once possessed in Paradise and which the words of the twenty-second psalm 195 THE LORD IS MY SHEPHERD Review for Religious reawaken in our soul as often as the beauty of them comes to our mind: "The Lord is .my Shepherd; I shall not.want." The complete fulfillment of all that these words imply will take place after we have been completely healed of the effects of original sin and restored to the state of innocence Adam had before the Fall. "We shall not Want," because after this life is over all our desires shall be fulfilled and there will be nothing we have to have which God will not give us in the complete and perfect giving of Himself to us in the life to come. "We shall not want" because after we die God shall be all in all to us so that, having Him with all the fullness and completion in which we will then have Him, we shall .lack nothing to be eternally happy. God will then "spread a table" before us on which He will Himself be the food of our glorified state. For if even during this life "the Lord is our Shepherd," in the sense that it is in the possession of Him alone that we can find our true delight, what will it not be to have that same delight in Him when we shall become completely assimilated to all that He is in the life to come? If even on this earth we derive our whole satisfaction in the thought that we have God who is Love Itself for our companion and friend, what shall it not be for us to enjoy that companionship and friendship of His when we are where alone we can truly and fully partici-pate in it? And if even while we are on this earth we find i~ such a delight to be ruled and governed by Him who is Love Itself, what will it be when we shall have that guidance and governance in Heaven itself? "The Lord is my Shepherd." What a privilege it is to have God Himself to guide and conduct us through every vicissitude and event of this life ; for with such a guide, "even though I walk in the dark valley I fear no evil, for He guides me in the right paths." The Psalmist says that as long as he shall live he has nothing to fear, because it is the God of righteousness who con-ducts along the paths of His own righteousness, and that He does so for His name's sake, namely, for the sake of Jesus, since we could never have that original righteousness we once pos-sessed in Adam unless Christ offered Himself for us as a victim for our sins. And so it is for the sake of the sufferings of Christ that we are now able to tread those paths of righteousness that will lead us to the realms of unending bliss in Heaven. "And a path and a way shall be there," Isaiah tells us (35:8) "and it shall be called the holy way." Our Lord said He was that "holy way" when He said, "I am the Way." He is the right path of 196 J~tly, 1960 THE LORD IS MY SHEPHERD which this Psalmist speaks and along which he is being guided by God. No wonder he can say that, "even though I walk in the dark valley, I fear no evil, for you are at my side." For what shall we be afraid of when.we realize that He who both made and re-deemed us is constantly on the lookout for our every need, and He will permit nothing to happen to us which will not conduce to the greater good of our soul both in time and in eternity? "In .verdant pastures He gives me repose; beside restful waters He leads me." In these words the Psalmist wishes to point out God's tender compassion for the human race and the many comforts and consolations with which we are provided from the very first days of our existence until our last breath. "Show me," the soul says to her Belgved, "Show-me, O Thou whom my soul loveth, where Thou feedest, wh~re Thou liest in the midday" (Cant 1:6). Thh "repose" here spoken of is that of reclining on the bosom of Christ, mentioned in the Gospel of St. John (13:25), for the soul's rest in Christ is here compared to the pleasant and refreshing experience we have when we lie down on the tender grass on a hot summer day. Another signifi-cation for "repose" is the idea of being interchanged. "Repose" refers to that immingling of the soul with that of her beloved Lord by means of some extraordinary grace which makes of the two one; so that the "verdant pastures" are those exquisite de-lights the soul finds as she feels herself being drawn into the inmost essence of Him whom she loves--namely, the beauty and comeliness of Christ. The soul speaks of the pleasure she has in Christ as a sort of lying down on the young, fresh, and tender grass, in order to indicate the pleasing sensation which the rest she finds in Him procures for her. "Beside restful waters He leads me." These restful waters are the vast number of bless-ings we receive from God and which afford us so much consola-tion in the sorrows we have to bear. "He refreshes my soul." God "refreshes" the soul when by means of His grace it is re-stored to that pristine beauty it had before it fell into si.n, for the word "refresh" means to convert, to bring back, to restore, and to renew. Whenever we are being renewed in Christ, we are being, refreshed in soul and reconverted to God. The fullness of conversion will take place by means of that renewal, that res-toration, that complete conversion and refreshing of the heaven and earth spoken of in the Apocalypse of St. John (21:1), where-in he tells us that he saw a "new heaven and a new earth, for the first heaven and the first earth had passed away." Through 197 THE LORD IS MY SHEPHERD Re4)iew for Religious sin, Isaiah tells us (24:5), "the earth is infected by the in- .habi.tants thereof." And so the time will come when it will pass away and be recreated in Christ, so that at that time our souls will. be completely refreshed because of their being completely converted to God. At present our conversion is only partial; and so the refreshment of which this psalm speaks to us is not as perfect as we would desire it to be, since we still need many things which after we die we will no longer have to have in order to be perfectly and completely happy. It is only after this life is over that our soul will be completely refreshed with that refreshment and renewal in Christ of which this psalm speaks. "Even though I walk in the dark valley, I fear no evil." What is this "dark valley"? Literally, it is the valley of the shadow of death, which in Hebrew is used poetically for very thick darkness. When we read the Book of Job, we find this word shadow-of-death being used on five different occasions to denote what no other expressions convey. In order to express the contempt he had for the present life, Job says: "Let the day perish wherein I was born. Let the darkness and the shadow of death cover it" (3:3-4). On another occasion he character-izes our entire existence in this world as "a land of misery and darkness where the shadow of death dwelleth" (10:22). In the third verse of the twenty-eighth chapter, he again makes use of the same word in order to indicate that our whole life is lived in death's shadow and that we will never cease to be freed from its image until we are out of this world. And the Psalmist speaks of walking in the valley of the shadow of death, because as long as we live we are never free from the fear of our having to undergo the penalties we have to pay for the sin of our first parents. We walk in the valley of the shadow of death, because as long as we live we can never be free from the necessity of dying; and the thought of our death haunts us from the cradle to the grave. We are said to be walking in the valley of the shadow of death because we always live with its image before our eyes, since there is nothing we can see that will not some day have an end. As long as we live we walk, as it were, in the shadow of death, in that the calamities and miseries of life which will last as long as we will, are a sort of image of death, since they prepare us for its approach when the time will come for us to leave this vale of tears. And yet the Psalmist says- and we should all say with him: "Even though I walk in the dark valley -- the valley of the shadow of death -- I fear no evil ; for 198 July, 1960 THE LORD IS MY SHEPHERD You are at my side." The Psalmist tells us that we have nothing to fear from death, because Christ has removed its sting. "He suffered death," St. Paul tells, us, "that He might by God's gracious bounty experience the throes of death for the sake of every human being . . . that through death He might destroy him who had control over death; that is, the devil, and deliver those whom throughout their lives the fear of death held in bondage" (Heb 2:9-15). "I will deliver them out of the hand of death," our Lord tells us through the words of Osee. "0 death, I will be thy death; 0 hell, I will be thy bite." The Psalmist knew this; and that is why he says, "Even though I walk in the dark valley, I fear no evil." He knew that Christ would one day die and that by means of His own sacred death we would be freed from the bondage of death, so that even though we die, yet we shall live forever that life He merited for us by all He underwent for our sake. "I fear no evil," we say to God, "for you are at my side." We are not afraid of anything that can happen to us in this life, in-cluding death itself, because we are assured by the words of this psalm that in everything we have to go through, God will assist us by His divine aid, and we will always find ourselves upheld by Him in a manner too marvelous to comprehend. "When thou shalt pass through the waters," that is, the trials and afflic-tions of this life, including the agony of dying, "I will be with thee," our Lord says to us in words we can no more question than we can question our own existence. "When thou _.shalt walk in the fire, thou shalt not be burnt: and the flames shall not burn thee" (Is 43:2). With this divine aid of God Himself before his miffd's eye, no wonder the Psalmist was able to say: "Even though I walk in the dark valley, I fear no evil." For what is there anyone can fear when he is given the strength to trust God in those most agonizing moments of his life when his soul will be wrenched from the flesh of which it formed such a close com-panionship all the time it was in the body? What can unduly alarm him who is not unduly frightened by what so many dread ? Christ has destroyed death's terrors, and so it is now nothing more than a sleep from which we will one day awake as gently as we rise up every morning from our previous night's rest. And so, if we are afraid to die, we should also be afraid to go to sleep every night as well. If we fear God with the filial and re-verential fear He wants to be feared with, we will not have to fear anything else--death included. 199 The Brothers' Vocation as a Natural Ideal Robert D. Cihlar, S.J. yOUTH is idealistic. Whatever appeals to it as the greater good, that it will seek. It will seek it with a determination seldom found in later life. The child's changing ideas of what it wants to be when it "grows up" is a simple confirmation of this fact. At one time it aspires to be a fireman, at another a doctor, and so on. The desire changes with the appreciation of the good to be attained- one's own personal good. The child is led, without knowing the meaning of the word, by an ideal. The ideal not o.nly fires the imagination but it must also be somethin$ within reach of the abilities a man knows are his. A child does not fully realize its limitations. As a consequence it aspires to things far above its present capabilities. For the adult and the young man,. however, the ideal must be something which is possible--and possible through one's own efforts, tal-ents, and opportunities. An ideal must be capable of satisfying a man's sense of personal worth. It must also be achievable by this man. He must be able to see himself as realizing this ideal. People he knows, others he has read about have reached this goal; why not he? Often, not fully appreciating his own limitations, he will, like the child, aspire to things which are not for him. As realization comes, so the ideal changes or deepens. For the time being, how-ever, the mere possession of an ideal is enough to cause him to strive for it. It is not difficult to see how the makings of an ideal ar~ to be found in the married state. It takes a little more discernment to find them in the other vocations; and perhaps this is the reason, naturally speaking, why most people find their vocation in marriage. To be looked up to, even in the small circle of the family, to be the head of that family, to be needed, to be loved and to love, all these satisfy a man's sense of personal worth. The fact that others have failed in this state does not deter him Brother Robert D. Cihlar is stationed at West Baden College, West Baden Springs, Indiana. 200 THE BROTHERS' VOCATION nor make it less available. Rather he is all the more convinced, because he possesses an ideal, that his case will be different. Now let us take up a comparison in religious life also based upon the supposition of the ideal as given above. The priesthood at one time or another seems to appeal to most Catholic boys. They are attracted by the reverence shown the priesthood, and this in turn gives them an appreciation of its dignity. They see themselves invested with this dignity, receiving the reverence now accorded to another. They see themselves at the altar, in the confessional, at the bedside of the sick and dyfng. Their sense of personal worth is satisfied, and they know that the goal is achievable because others have made it. Their efforts could bring them there. We have present then in the priesthood two of the elements which go to make up an ideal. This in turn:,Ldepending on the intensity of the desire, becomes a motivating force to (1) prayer, leading to a more obvious cooperation with grace; (2) reading, leading to a greater knowledge of the true meaning of the priest-hood; and (3) a greater application to study, since scholastic ability is necessary. One thing .leads gradually to another. A vocation does not appear all at once but comes, like the dawn; gradually. No one of these is sufficient in itself. Most x~ocations, however, can be traced back to the development of the ideal. Vocations to the pries.thood are more plentiful beca.use they follow the pattern and contain the essentials of an ideal. It .is not so, however, in the case of the lay brother. Public opinion, and consequently the general opinion of youth, is against such a vocation. It is looked down upon simply (and mainly) because it lacks those two motivationally essential parts of an ideal. A young man cannot imagine himself in the position of one who is looked down upon, who possesses in the eyes of the ldity, and often the clergy, no natural worth or dignity. Why is this? Why must there be a lack of this natural value in this way of life? Why must the motivation for accepting such a vocation be only and solely supernatural?. Obviously this is delicate ~round on which it behooves one to tread ever so lightly, if it is to be trod at all. But it is not my intention in any way to minimize the supernatural motive. A vocation without such is no vocation at all. Nor do I wish to say that it is of lesser importance, for even that which I choose to call natural motivation is in reality an action of grace building on nature. It is sometimes true that the natural motivation is 201 ROBERT D. CIHLAR Review for Religious the more obvious of the two, but in the course of, let us say, the preparation for the priesthood, grace builds on that natural motive to such an extent that the supernatural motive becomes the first consideration. My contention, therefore, is that both natural and supernatural motivation, though not of equal im-portance, are of equal necessity, simply because we are human beings. With this explanation, let us try for a subjective viewpoint of what a young man sees when he looks at the life of the lay brother. Perhaps from such a viewpoint we shall catch some hint of the defects in the presentation of this vocation and the possible errors in our thinking concerning it. Undoubtedly the greatest deterent to a young man is the prevalent attitude among the laity, and some clergy, that the brothers' life is a demeaning of self. They feel that the brother is an admitted failure--or becomes such whe~ he becomes a brother. It is rather hard to dislodge the idea that the lay brother is one who "could not" become a priest because of inferior mental ability or some other defect. Popular Catholic literature and various hagiographers of the past have contributed to this idea. The humility of some saints has been demonstrated by their wishing to be with the brothers or work with them (mean-ing to demean themselves). Among present-day Catholic books the Mass of Brother Michael, though a romantic and enter-taining story, is an example of extremely poor propaganda material. Yet it is from such weakly representative literature that attitudes are formed, and once having formed become tra-ditional. In short, the persistent idea is that a man who becomes a lay brother is exceptional, in either his holiness or his ignor- . ance. It is not a vocation "possible" to the average man because it offends his sense of personal worth. It is within reach of his abilities, but it is also often beneath them. It therefore does not fulfill the conditions of the ideal, in the natural order, as ex-pressed above. This idea poses a very thorny problem, but a problem which must be solved if the numbers of the brothers are to increase. A change is evidently necessary in our thinking--and actions-for the mass of tradition is against the brother. The Church, from earliest times, has made use of the principle of adaptation; and adaptation to the times and their needs is the thing to be considered. 202 July, 1960 THE BROTHERS' VOCATION Tradition dating from the Middle Ages has assigned the brothers' vocation to the uneducated and lower classes who, wishing to serve God more perfectly, seek this perfdction in the religious life. Now, going farther back to the natal days of monasticism, we find that this was not true then. The early "Fathers" were not Fathers at all, but in their manner of living the equivalent of the latter-day brother. They engaged in manual labor, meditation, penance, and so forth, but were seldom if ever ordained priests. Necessity, among which was an ever-widening ministry in the monastic groups, brought about the inclusion of priests in their ranks. As the accent on the ministry grew, 'grad-ually the bulk of membership became priestly. Men of education, since educated men were the exceptioh, were directed to the priesthood. Those without education could not hope to become priests ; but, still wishing to become rel!~ious, they were directed to the life of the lay brother. This insistence upon educated men for the priesthood was brought about as part of the much needed reform of the clergy at the time of the Reformation. It also, as a side result, brought about a complete reversal of the original scheme of monasticism; or at least it was the culmination of a reversal that had been taking place for some centuries. However, considering modern' ~i~nes we find the educational picture itself reversed (at least in most ~vestern countries) and the illiterate man becomes the exception. In the Unite'd States, for example, the major portion of the population has completed at least a high school education; and the years since the Second World War find more and more high school graduates going on to college. Superimpose this picture upon that of the time of the Reformation, and a natural explanation will appear for the decrease in brothers' vocations. However, it is only a natural explanation. This does not necessarily mean that God is calling fewer young men to His service as brothers. It does mean that these men, better educated and better qualified, no longer con-sider this vocation as an ideal or even an alternative, which it much more readily was considered a few centuries ago. The brothers' vocation offers them too little in the way of a sense of personal worth. Tell me that the reason for this is a lack of supernatural insight and I will readily admit that this is true. In the order of grace the brothers' vocation has both great dignity and value. But the young man of today, unfortunately, has a much more sophisticated attitude toward life and greater cultural advan- 203 ROBERT D. CIHLAR Review for Religious rages without the balance of living in an age of faith which would have fostered this insight. This is a fact, and we have to adapt ourselves and our methods to it. It need not be without its own peculiar blessing. We are, after all, instruments which God uses. We commit a heresy of sorts if we expect His grace alone to do the job of foster-ing vocations. We must be prepared to offer candidates opportuni-ties in their work for God which are suited to their greater educa-tion and better-develo.ped abilities. Certainly in the congregations of teaching brothers provision is made for this in the various ad-ministrative and educational aspects of school life. The boys see this and respect it. The primary concern here, however, is with those mixed orders or congregations composed of priests and lay brothers. Here the brothers' duties as a rule are menial as well as manual. If, for example, a brother is qualified by his talents and/or education to work in posts of considerable trust, dignitY, and even title, why should they not be given to them. Such posts as treasurer, registrar, superintendent of buildings and gro.unds, promotion, public relations, library, and so forth, occur as possibilities. I am sure there are many others. Given these posts, they should also be delegated enough authority to act freely in them. I might even say that should a brother be discovered to have talents in these lines .and.not be qualified by education, such education should be provided. All things being equal, there is really nothing that a priest does which cannot be done by a brother except in ,-the direct area of the ministry. I certainly do not wish to advocate the idea that the brotherhood is equal to the priesthood; but I do hold that in his capabilities he is often equal to and sometimes better than the priest. When this is so, prescinding from personalities and persons, should he not be allowed to fully employ these capabilities for God and for the benefit of those who would see him and get to know him? If we want to get brothers who are well-qualified in their lines, do we not also have the duty to God to make the best use of the men He sends us, even to the extent of. demonstrating their qualities to others as a means of influencing them? The introduction of the idea of example as influence pre-sents another aspect in the matter of vocations. Seeing is believing. With brothers openly shown in positions of responsi-bility, an acknowledgment of their abilities is forced upon the beholder. Association will gradually accord a greater respect, provided of course the man conducts himself as one worthy of 204 July, 1960 THE BROTHERS' VOCATION respect. Respect accorded in and out of the order or congrega-tion ought gradually to influence or raise the calling, from the natural viewp5int, to conform with the principles of the ideal. In effect, what I would maintain is that there is a need for a greater "going in their door to bring them out ours." But first, of course, there must also be a change in attitude from within the order or congregation itself, or more precisely, among the members of the order or congregation. It is axiomatic that young men have a sixth sense in de-tecting the defects of their teachers or superiors. It is at times disconcerting to have them expose our weakest points. Though we might all profess a great reverence and esteem for the brothers, too few of us really feel it. Too often, in a rare and honest moment, we find the prevailing attitude toward the brothers in ourselves. We have only a notional knowledge as opposed to a real conviction. This is readily detected and carried over to the students and is reproduced in them. A patronizing, condescending attitude, even one of pity, obliterates the rosy picture we would like to paint; and the student sees right through it. He sees, often more clearly than we, the idea of inequality, of superior and inferior, master and servant. And we should not be surprised that he does not find this attractive. Why is this? Is it possibly because the social attitude has evolved in contradistinction to our own at home? That is, do we in practice have a social attitude toward the brothers which does not correspond to what we hold for society in general? Is this contradiction at home possibly one o~ the reasons that we, who are exteriorly champions of this new social attitude, are not so readily accepted as its champions? Undoubtedly there must be a hierarchy of superiors and subjects for the preserva-tion of good order. This is a pure sociological fact. However, it is not necessary that there be superior and inferior on the social level in religious orders or congregations, which finds its equivalent in the caste system. We maintain the "fiction" of all being equally members of the order or congregation; but this is true only as regards spiritual matters. Actually it works out to the maxim that some are more equal than others as far as temporalities are concerned. If, for instance, the priests are allowed something, the equivalent to the brothers must be less good, and so on right down the line. This spells out to the laity what they assume is our real attitude. 205 ROBERT D. CIHLAR The purpose of pointing up these defects is most certainly not an attempt to antagonize. It is merely to point out things in our actions which negate our words, thereby withdrawing from this vocation some of the sense of personal worth. A prospect of such things, contained in the acceptance of a broth-er's vocation, cannot help but prove repugnant to the young men we would like to gain, for they both sense and see them. Con-sidering the society and cultural background in which they live, it is the only natural conclusion they can come to. We stand convicted by the principles we advocate and the profession we make. We ourselves are not without guilt in this lack of an "ideal" in the life of the brother. We seem to expect almost over-whelming actions of grace in the face of obstacles we have helped to erect, and it is unjust to do so. In becoming a brother, a young man today must surrender much more than did his predecessor of a few centuries ago. We have no ~-ight to expect miracles of grace. Very few Pauls have been thrown from their horses. There are no immediate conclusions this writer can come to or any pat solutions he can offer as regards these problems. Such, as a matter of fact, is not his aim. His aim is rather to raise a doubt in the minds of those who read this, to provoke discussion, to call attention to the possibility of error in our present thinking. As I have mentioned before, there is no intention of min-imizing the necessity of supernatural motivation, of the need of prayer and grace in the fostering of vocations. But I am deeply convinced that we have been seriously mistaken in not providing a so-called natural motivation to accompany it. When, together with the action of grace, we have provided the mak-ings of an ideal, then men will not be lacking who will wish to follow it. Problems of the Late Vocation David B. Wadhams, IF A MAN around thirty decides to begin studying for the priesthood, he is beginning a bold undertaking which entails the hazards, though not the romance, of real adventure. The difficulties he will face will not be those encountered by the man of action, but problems he will have in abundance. These problems are perhaps no more serious than those of his younger confreres in the seminary; but they have a complexity and an urgency which make them special, requiring special considera-tion. These problems must be faced if the man is to persevere; they must be solved if he is to be a happy and efficient priest. Religious congregations now seem more willing then ever before to accept older candidates who are qualified, and the religious life increases the problems the older man must face. How does an older man adjust to community life, the rule, the vows? How does he meet the demands of fraternal charity, surrounded as he is by men younger by ten or fifteen years and presumably more resilient psychically? Will his years in the seminary be a loss if he does not persevere? Is he not just burying himself there, during that crucial period when other men are carving out careers? What if he should fail? The problems are not limited to the older man himself; religious superiors must also face special problems in the case of older religious seminarians. Should they be given any sort of ~pecial consideration or exemption from ordinary seminary and religious discipline? Should they be given greater responsibili-ties because of the experience they bring with them to the seminary? Like superiors, spiritual directors also find that the presence of older seminarians is not without its perplexities. Should they be given more or less direction than the younger men? How should the direction of the older seminarian differ from that of the younger seminarian? Why does it seem so dif-ficult at times to make contact with the older seminarians? Mr. David B. Wadhams is presently studying theology at Marist College, 3875 Harewood Road, N. E., Washington 17, D. C. 207 DAVID B. WADHAMS Review ]or Religious The range and number of such difficulties could be extended indefinitely, but it will be sufficient here to limit consideration of the matter to five points where special difficulties would seem to be present for the older seminarian: (1) the older seminar-ian's special need for patience and humility; (2) his impatience with "unbusinesslike" administrative procedure; (3) his im-patience with superiors and directors; (4) his chafing at being classed with younger men; and (5) his nostalgia, more or less prolonged, for the lay state. The Need for Patience and Humility It seems very likely that special dispositions of Divine Providence are to be seen when a man of around the age of thirty becomes a seminarian. However deep the consolation may be for the older man in this thought (and it is a considera-tion that he must keep uppermost in his mind), yet it must also be realized that this very ordering of things by Divine Providence also entails a special exercise of patience and of humility--the patience and the humility of the old man on the bench with younger students. If this lesson of patience in the practice of humility is not learned, he will not be able to persevere. Of course, all seminarians must learn these virtues; and all of them haveindeed ample opportunity to practice them. But a younger man who knows that his priestly life will begin at, say, twenty-seven has the impatience of youthful impetuosity to tame. On the other hand, the older seminarian has the gnaw-ing discomfort of knowing that he must begin a life at forty. Nor is it much consolation to him when a bright-eyed funda-mentalist slaps him on the shoulder and says, "That's all right, Dad, life begins at forty!" This truism soon fails to elicit any but the feeblest enthusiasm in the older man. This general situation forms a sort of background against which the entire life of the older seminarian must be enacted; life, he knows, is short, and his own, despite his age, has not yet really begun. However manfully he may struggle to be patient and to overcome the sense of frustration and unrest that flows from such a situation, his general background of impatience cannot help but be increased by more specific difficulties which he encounters. 208 July, 1960 LATE VOCATION Impatience with the "Unbusinesslike" For the sake of concreteness, assume that a man comes to a religiousinstitute after ten years as a minor executive in the sales department of some large corporation. After an initial period in the religious life of great good will and satisfaction, he may begin to find himself becoming impatient with what he considers to be the "unbusinesslike" and "unrealistic" opera-tional methods of the seminary. He is told that he should bring suggestions and complaints to his superiors during regular interviews known as adminis-trative counseling. But he finds that his suggestions for improve-ment are met with aloofness and subsequently may be ignored. He may find the cordiality of his superiors somewhat strained and entirely different from the warm spontaneity of office good humor: The happy camaraderie of the old days in business seems to radiate friendliness and mutual good-will in contrast to the remote politeness of this administrative consulation. He finds, in short, that businesslike office methods may not always be found in religious congregationg; and that established cus-toms, even undesirable ones, have a tendency to cling. He may .be shocked that buildings and equipment have been allowed to ~leteriorate because of improper delegation of responsibility in maintaining them, or because of what~ he considers a misdirected cult of poverty. After years spent in surroundings presentable, if not luxurious, he may find cracked and peeling paint in sleeping rooms and officeg, together with ancient furniture, serviceable perhaps, but piteously unappealing to the eye. Administrative-duties may be relegated to a single over-worked lay brother who has to manage a coinplicated acc0unting system with machines years beyond their prime. "Duplicating equipment may be gently awry, p~'oducing legible but~scr.atchy copy. Cash accountihg may be quite nonchalarit. Public relations techniques may be hopelessly mismanaged or totally nonexistent. The man may tend to exaggerate these deficiencies as time goes on, and his itch to rearrange things increases. Why-don't they call someone in for an audit? Why must certain precious ma-chines be available for the indiscriminate and uncontrolled use of fifty people? Why does fresh paint seem incompatible with poverty- surely the walls were freshly painted once? If on the other hand he find~ himself in a congregation whose progressive foresight has placed men of vision in positions '209 DAVID B. WADHAMS Review for Religious of authority, the subject will surely find some evidences of inefficiency. The ease with which a man finds matter for criti-cism is a match for the most progressive system. Perhaps the very businesslike character of the place will strike him as out of place. A man's past will stand him in good stead when he becomes a religious; but the stresses and strains which this life imposes will affect him in those areas where he is mos~ vul-nerable- the sphere of his accumulated treasury of general know-how. Superiors and Spiritual Directors Then, too, the vow of obedience has a peculiar democratizing effect. Along with his deep respect for the office of superior, the subject realizes that both are bound by the same ties. The superior, no less than he, is directly subject to the authority of those above him; and this authority is just as stringent in its demands of obedience. Back in the office, the former senior accountant or advertising man saw his superior in a greatly privileged position within the circle of major executives. He was conscious of a degree of separation measured in terms of seniority and yearly income. Now he finds himself in the religious life where his superior, though he exerts the same authority as his former employer, may be a near contemporary, sleeping just down the hall, and using the same bath. The older seminarian realizes, to be sure, that the motive of his religious obedience is a supernatural one; but, being flesh and blood, in certain cases he cannot help but experience a sense of somewhat dis-mayed surprise at a superior-subject relationship that on the natural level may be so different from his previous relations with authority in the business and commercial world. Another problem for the older seminarian may be spiritual direction. He may find that he has difficulty "opening up." This will be especially so if his director is a younger man, or if he considers his director can have no comprehension of his char-acter. Suppose, for example, that the director is a younger man, that he entered religion on the completion of high school, and that he has had relatively little experience except in the direc-tion of seminarians. In such a case the older seminarian may find it difficult to talk about anything more dangerous than the weather, since he is aware of the considerable difference in background between himself and his director. This and similar cases may cause real difficulties in communication; the difficul-ties will be overcome only if the older seminarian recalls that 210 July, 1960 LATE VOCATION the same Providence which placed him in the seminary has also given him his superiors and directors. Armed with this con-sideration he must then put complete trust in his director, even if he finds it costs him dearly in wounded pride. As has been stated above, he has a special lesson in humility to learn. As a matter of fact, of course, younger directors can be quite satisfactory. Being aware of their relative inexperience, they tend to exercise great prudence in applying theological principles to concrete cases. Moreover, since many problems are solved by the mere telling, the seminarian should be quite con-tent if be can find a man to whom he can talk freely. Relations with the Younger Seminarians Probably the greatest trial which the older seminarian must undergo is being in a class of much younger men. Many institutes have a minor seminary to which they will send the older candidate for a year or so to give him some Latin and to observe him before sending him to the novitiate. The age dif-ference at this level is so great that he will usually be allowed certain privileges to make this period of adjustment easier. At the novitiate, however, he is considered for all practical pur-poses the contemporary of his fellow novices. Here the strict observance of the exterior prescriptions of the rule will place a heavy burden on a man who has enjoyed years of independ-ence. If, for example, he has been a heavy smoker for ten years or so and if he must observe a no-smoking rule, the damage to his good disposition will perhaps be compensated for in a cor-responding growth in character; but the sacrifice is sure to be severe--more so than for younger smokers. After leaving the novitiate where spiritual consolations and graces may have made the way easier for him, the older man' must still face years of study where the difference in age is no less than it was in the novitiate. These years of living with younger men un-questionably present a strain for his vocation; they will, how-ever, if properly met with patience and humility, give him his greatest opportunity for growth in emotional stability and for progress in the spiritual life. Most younger seminarians show brightness and intelligence in their speech and behavior. But at times this basie intelligence is accompanied by the thoughtlessness of immaturity. Many left their homes in middle adolescence; and sometimes their deport-ment tends to remain at the adolescent level, especially since 211 DAVID B. WADHAMS Review for Religion,s no one is constantly correcting them. This lack of maturity will be vexing for the older man, who is only too prone to see in the gaucherie of a few what he may tend to think of as the general boorishness of a class. Young men, for example, have an ex-tremely cavalier way of treating furniture. ,And if the older seminarian has spent the better part of three or four m~nths recovering and reupholstering the armchairs in the recreation room, he' has to swallow hard and bite his lip to keep from shouting at some young philosopher, blithely and quite uncon-sciously wiping'chocolate-covered fingers on the back of a newly covered chair, ¯ The older man must be careful in conversation too. His younger confreies will usually have no more than a ~udimentary background in the fields of non-religious knowledge.-Discussions of politics, art, the theater, economics, literature, all tend to be somewhat superficial. The younger man may often show a quick theoretical perception, yet he may lack sufficient critical discern-ment. Because of this the older man may find himself exercising an air of intellectual superiority and condescendingly needling his companions for their lack of sophistication. As one young seminarian has put it: "The older men ought to stop and think now and then that they have no monopoly on ideas. They could at least listen, even if they disagree." :o. In the midst of'such difficulties the older seminarian could well reflect that if he sometimes finds it difficult to be with the younger men, surely they too find his company occasionally try-ing. If he has passed through the fiery trials of the crucial years between twenty and thirty, his very scars should remind him that seminary life is not always easy for the young men who hunger for action and the exercise of their ministerial labors. Let him think back upon what he was doing at their age; the contrast should fill him with the desire for patience and for-bearance. If he was in the service, his amazement will be com-plete that fifty or more young men can .live together cheerfully, peacefully sharing a life of work, study, prayer, and play. oIn the service, as h~ knows, men behaved quite differently; by contrast, the charity of seminarians clearly shows the effect of supernatural grace. He should reflect maturely that if he is annoyed at little gaucheries and breaches of etiquette, some thoughtlessness and lack of discipline, he will never find more serious faults; for however much he may see of thoughtlessness in the seminary, he will encounter no deliberate malice. Indeed, 212 July, 1960 LATE VOCATION one of his greatest sufferings may be his anguish that he ~cannot accept the small shortcomings of others with greater grace and equanimity. Nostalgia for the Lay State During the first two or three years of his training the older man may be subject to a fierce nostalgia for the lay state. Just as the Jews hungered for the delights of their former, life in Egypt, the older seminarian may sometimes be seriously tempted to think of his life "in the world" as much more useful and vital. This feeling will be all the stronger in the man of great vitality. At times all the reasoning that brought him to his priestly studies will become darkened and submerged. He will forget that one great reason for his having left everything behind was a dissatisfaction with what he was doing. He may begin to chafe at certain restrictions, desiring freedom from the restraint of the seminary rule. What he begins to miss is the habitual adult independence he has always known. Sometimes he will think: "I am too fiercely independent; I am not tem-peramentally suited to the regular life; these habits of inde-pendence are ingrained." As serious as this temptation may be, it will tend to dis-appear as his security in his vocation grows; and in most cases it will not be a source of great anxiety after the~pronouncement of perpetual vows. The nostalgia for the lay state is one temp-tation which .can best be handled in spiritual direction. The subject should regard it as a serious temptation and conscien-tiously follow the course his director prescribes for him. Once a man finds himself in the major seminary of a religious con-gregation, he can rest in complete confidence as to his choice of a state in life. He has chosen by heeding the call; whether he should continue is for his superiors and spiritual :directors to decide. The cool and firm acceptance of this fact will save. the man the added anguish of continually doubting his vocation when the temptation arises to return to his former state of life. Conclusion The older seminarian must train himself to face his trials and difficulties peacefully and tranquilly. His age may indeed tend to make him less flexible in certain respects; he will be less subject to "formation," more set in his attitudes and out-look on life. But this very situation may also be an advantage. If he is mentally awake, he will be at the very., peak of his learning powers. Years of training in judgment will compensate 213 DAVID B. WADHAMS for any alleged diminution of learning powers said to begin after full adulthood is reached. Although the older seminarian may be tempted to think that his best years are being wasted in the seminary, he should remember that, just because he is older, he will see more deeply into the problems of philosophy and theology and that he will draw from them a greater intel-lectual enrichment and practical value. Finally, there are two general attitudes that will greatly .help an older man along in his seminary life. The two attitudes, one natural, the other supernatural, are so diverse as to be almost incongruous when juxtaposed together. Yet the two can work together to ease the trials of seminary life for him. The first attitude is that of a sense of humor. The man who finds his own idiosyncrasies laughable has a safety valve which he will need to use frequently. Since he is constantly confronted with human foibles, especially his own, it is far better to laugh at them with hearty, tolerant, and loving amusement than to dwell on them as consant pricks to pride and self-esteem. The second attitude is one that has been hinted at above; it is a complete trust in Divine Providence. Whatever can be said on the human level of religious life, there is never any waste in the management of things by the fatherly hand of God. The years the older seminarian spent "in the world" as well as the protracted time spent in seminary life before ordination are not useless but completely functional from the viewpoint of the Father who has counted even the hairs of our head. In this sense there is no such thing as a late vocation; the call came and was answered at the time chosen by Divine Wisdom. In this con-nection it will assist the older seminarian to reflect and meditate upon the role of late vocations in the history of the Church; it is not mere fancy to say that without late vocations the entire history of the Church would assume a different cast and com-plexion. Remove, for instance, the three late vocations of Ambrose, Augustine, and Loyola from the history of the Church and consider the difference the removal would make in the course of the Church's history. Indeed it would seem safe to say that of the confessor saints who lived before modern times, a large part of them, if not the majority, were what are called today late vocations. Having seen the finger of Providence with regard to late vocations in the history of the Church, the older sem-inarian will be able to draw therefrom a greater trust in that same Providence with regard to his own late vocation. 214 Is Religious Disobedience Always a Sin? Joseph J. Farraher, S.J. THE CONSTITUTIONS of most religious institutes state explicitly that they do not bind under pain of s{n, even venial sin, except where the vow of obedience is explicitly invoked, or where they determine the matter of the other vows. Most also state explicitly, or at least imply, that the same holds for orders of superiors. Why then do some spiritual writers imply otherwise? For example, Father Cotel in the Catechism of the Vows, says: One sins against the virtue of obedience when one does not carry out a formal order of a legitimate superior. If an order of a superior only recalls an obligation of rule or a com-mandment of God or of the Church, failure to observe it is not a fault against the special virtue of obedience. Such conduct often involves a sin against another virtue.1 In a footnote he adds: According to very famous theologians (St. Thomas, Suarez and others) a simple act of disobedience does not constitute a sin against the special virtue of obedience, but it contains nearly always one or more sins against other virtues.2 And in a later section, he says: Unless the Constitutions determine otherwise, simple injunctions of superiors, commands which are not. made in virtue of the vow, do not always oblige under pain of sin. If the superior formally commands a particular act not determined by the Constitutions, but in conformity with them, it is our opinion that disobedience is always sinful.:~ Again he adds a footnote: "Some thhologians seem ho~v-ever to admit the contrary:''4 And Father Kirsch in his Spi~'itual Di~'ection of Siste'rs under the heading "Sins against the Virtue of Obedience" says: "A religious offends against the virtue of obedience by disobey- 'Peter Cotel, S.J., and Emile Jombart, S.J., Catechis~n of the Vows (New York: Benziger, 1945), pp. 83-84. ~Ibid. ~Ibid., p. 85. ~Ibid. The Reverend Joseph J. Farraher is stationed at Alma College, Los Gatos, California 215 JOSEPH J', FARRAHER Review for Religious ing without reason, the usual commands, regulations, counsels and wishes of the superiors.''5 How can these statements be reconciled with the explicit statement of the constitutions of most religious institutes that fione of the rules or orders of superiors bind under pain of sin unless they explicitly invoke the vow? First of all, Father Kirsch and Father Cotel's Catechism imply that there could be a sin against the virtue of obedience as distinct from the vow of obedience. In this matter, wh usually think of the Fourth Commandment as commanding obedience to all legitimate superiors. Are not religious superiors legitimate superiors? However, the Fourth Commandment commands us to obey all legitimate superiors according to their authority. For ex-ample, children are obliged to obey their parents in all things, except where there is sin, and except in the choice of a state of life: marriage or the religious life. In this last the parents have no authority, and therefore there is no sin of disobedience if children disobey their parents in their choice of life. What is the source of the authority i~f religious superiors to give commands which would be binding under pain of sin by the virtue of obedience? It is not from the natural law, since religious communities are not natural societies, but rather conventional, that is, they are formed by the mutual agreement of the members. Therefore, if there is authority in religious superiors, it will be according to the form under which the in-stitute was organized. But most modern religious institutes (and even some ancient ones) state in their constitutions that. orders of superiors will bind under pain of sin only when they command explicitly in virtue of the vow of obedience. Therefore, there is here no source of authority to command under pain of sin apart from invoking the vow. But some authors, even when they admit that disobedience would not be a sin against the virtue of obedience (which even Cotel seems grudgingly to admit in a later passage), still insist that it almost always involves a sin against some other virtue.6 This brings up the question, certainly a theoretical one but one with very important practical applications, of whether or not a positive imperfection is a venial sin. By a positive imper-fection is meant the deliberate choice of a less perfect action, 5Felix M. Kirsch, O.F.M.Cap., The Spiritual Direction of Sisters (New York: Benziger, 1930), pp. 483-84. 6Cotel, op. cir., pp. 86-87. 216 J~dy, 1960 RELIGIOUS DISOBEDIENCE or the deliberate omission of the better action. For example, I realize that it would be better for me to make a visit to the Blessed Sacrament at this. time; but I deliberately decide not to do so, with no question of the alternative being a sin in itself-- perhaps to continue reading a book. Some theologians have held that every such positive imperfection would be a venial sin. They base their argument on the principle that we are obliged to seek our last end in the best way possible. But this contradicts the opinion of the majority of theologians. We are certainly obliged to seek our last end, but not necessarily in the best way possible. And it seems to me that we have a very strong argument from Holy Scripture itself, in several places, that it is not sinful to choose the less perfect. The most explicit example, I think, is in St. Paul's First Epistle to the Corinthians, in the seventh chapter, where he is talking about virginity and marriage. In verses seven and eight, he says: "I would that all men were even as myself [the im-plication is: virginal].; but everyone hath his proper gift from God: one after this manner, and another after that. But I say to the unmarried and. to the widows: it is good for them if they continue, even as I." And later in the same chapter: "Now con-cerning virgins, I have no commandment of the Lord, but I give counsel, as having obtained mercy of the Lord to be faithful. I think therefore that this is good for the present necessity : that it is good for a man so to be. Art thou bound to a wife? Seek not to be loosed. Art thou loosed from a wife? Seek not a wife. But if thou take a wife, thou hast not sinned. And if a virgin marry, she hath not sinned" (vv. 25ff.). And still a little further on, where St. Paul is talking about a father giving his daughter in marriage: "Therefore, both he that giveth his virgin in marriage doth well: and he that giveth her not doth better" (v. 38). Is not St. Paul saying explicitly here that while it is better to remain virginal, nevertheless it is not a sin to marry? This certainly is the choice between the better and the less good. And he does not qualify it by saying that if one cannot do the better, it is all right to do the less good. He simply gives a comparison: that for the same man, it is better if he does not marry, but it is good if he does, and he does not sin in marrying. So, this is at least one example where deliberately choosing the lesser good is 217 JOSEPH J. FARRAHER Review for Religious not a sin: which proves that the universal statement to the contrary is false. But some adversaries answer: At least to disobey a rule or order of superiors would almost always be a sin because it will involve a bad motive. They give as examples, that it will be done out of laziness or sensuality or human respect. For this, Father Gerald Kelly, S.J., has a good answer in his book on Guidance for Religious (pp. 258-59).7 He is talking about the obligation of daily morning and evening prayers; but, as he himself says, it applies also to the obligation of rules: They would say (i.e., those holding for sin): "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 a somewhat similar one, 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 sin for omitting them? As for the statement that failure to say these prayers could be a sin of laziness, it seems to ignore completely the distinction between imperfection and venial sin. [In a footnote at this point, Fr. Kelly admits that those who hold that every positive im-perfection is a venial sin would logically hold this doctrine.] 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 imperfection when it induces one to act against a counsel (for instance, 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 (for instance, to miss Sunday Mass in whole or in part). And what I have said of laziness is similarly true of such things as sensuality and human respect. According to this doctrine of Father Kelly, if a person de-liberately violates a rule or ordination of superiors, because it is easier not to do the thing ordered, for love of comfort, or for laziness, if you want to call it that, it is not a sin. Obviously, to seek comfort is not of itself a sin, or we could not have any cushions, soft beds, pillows, or anything of the kind. A certain amount of comfort is even necessary. The love of comfort there-fore is not wrong in itself; it is wrong only when it leads one to do something that is sinful, or to omit something to which one is bound under pain of sin. To omit something to which one is not bound, because of the love of comfort, is not therefore a sin. 7Westminster: Newman, 1956. 218 July, 1960 RELIGIOUS DISOBEDIENCE Obviously, if the action one chooses in place of obeying the rule is something sinful in itself, it will be a sin. But the mere fact that it is breaking the rule, will not of itself ever make an action a sin that would not be a sin even if there were no rule. How then does one sin against obedience? Aside from dis-obeying those commands which are given in virtue of the vow of obedience, one can also sin against obedience by formal con-tempt for authority. All the authors agree that this does not mean contempt for the person who holds authority, but formal contempt for authority itself. One can also sin against other virtues in disobeying the rules. Formal contempt for religious life and religious rule in general would be a sin against the virtue of religion. And, as was said before, if there is a really sinful motive in one's action and not ,just a less perfect motive, then there will be a sin; but that is apart from the fact that a rule is being violated. There is a further way in which one might sin by dis-obedience to rules and regulations: if one does it habitually, one might very well be getting into a proximate danger of losing his vocation. For a novice, that would not be sinful, because a novice is not bound to that vocation. But one who has taken perpetual vows is bound for life. Therefore, to endanger the perpetuity of his vows knowingly and willingly could be a sin. Generally speaking, an individual violation of a rule or an order of superiors not invoking the vow of obedience would not be a sin in itself, unless the act is sinful apart: from any violation of the rule. I hope that it is cl,early understood that I am not suggesting that we should violate rules or orders of superiors. Certainly, if we truly want to signalize ourselves in the more perfect following of our Lord, we shall ordinarily do our best to observe all rules and regulations. But our motive should be the love of God, not the fear of sin. But is not the rule the will of God for us? Is it not wrong to go against God's will? It would be wrong to go against the preceptive will of God. But the rule is not the preceptive will of God; it is a counsel, a guidepost or directive to the better way of serving and loving God. And even then the statement must be qualified: ordinarily the rule indicates the better thing to be done. But, as we know, no rule made by a human being can be so perfect that it could not admit of exceptions in extraordinary circumstances. But at least ordinarily, in ordinary circumstances, 219 JOSEPH J. FARRAHER Review for Religious the rule is for us the indication of the better way of serving God. But what about the form of the rules? Some will say that they are in the form of laws and all true laws bind in conscience. Some thelogians, myself included, would not agree that all laws must bind in conscience,s But if such a statement is admitted, then the rules are not laws. Because they do not intend to bind in conscience, regardless of how they are worded. This is clear from the constitutions themelves in stating that they do not bind under pain of sin. So, regardless of their wording, they are meant as mere directives to the more perfect following of Christ. Is there any sense in which they contain an obligation? Yes, I think there is- but not under pain of sin. What does obligation mean ? It seems to be a form of necessity in the moral order. When I say moral order here, I mean not in the physical or metaphysical order, but in the order of human conduct. It is a conditional necessity. If we want to achieve a certain end, we must do this particular thing. When we speak of a moral obli-gation, not simply an obligation in the moral order, but an obligation binding under pain of sin, we mean this: that if we want to achieve our ultimate end, we must do a certain thing. Now, we are obliged to seek our ultimate end, therefore we have an absolute necessity to take the necessary means. But if the end itself is not absolutely necessary, then we have no absolute necessity to take the means. We have only a conditional necessity. If we want this particular end, we must take these means. There are obvious examples of this use of words implying obligation which are certainly outside the realm of sin. For instance, if you are playing bridge and bid two spades, you must take eight tricks. That is an obligation, an obligation not under Pain of sin, but an obligation of the game. If you do not take eight tricks, you will receive a penalty. There is no moral fault in not taking the required number of tricks, nor does the in-flicting of a penalty imply this. But there is a certain necessity to take the eight tricks, if you want to succeed at the game. So also in the moral order : we might speak of the conditions of gaining an indulgence. One must fulfill all the conditions, if one wants to gain the indulgence. But one is not obliged to gain the indulgence. Therefore, one is not obliged absolutely to do these things required for the indulgence. For ihstance, if one sSt. Thomas also holds that counsels are an ordinary part of the law, Summa Theologiae, 1-2, 104, 4. 220 J~dy, 1960 RELIGIOUS DISOBEDIENCE wishes to say the same prayer, but not fulfill the conditions of the indulgence, he is free to do so. But if one wants to gain the indulgence, one must fulfill the conditions. You can call that a form of obligation, but not under pain of sin. So also with the rules. If we want to follow the more perfect way, we must do what the rule commands. But are we not obliged to seek.the more. perfect way by our profession as religious? No, the religious profession binds us under pain of sin only to those.things which are explicitly vowed, ~vhich are poverty according to the constitutions, chastity in its perfection, including celibacy or virginity, and obedience in those things which are commanded in virtue of the vow. This is a more perfect way of life, and to this much we are strictly obliged under pain of sin. But we are not obliged by the vows to seek the most perfect in everything we do: If we want to be more perfect still, we must follow the rules and regular;ions. But we are not obliged to them under pain of sin. If we so neglect them that we proximately endanger the fulfillment of our vows or their perpetuity, then of course we are sinni.ng,. Are we not obliged under pain of sin at least by the law.of the Church, which in canon 593 says that religious should order their lives in accordance with the rules and constitutions of their own order and so strive for perfection? A Claretian moralist, Father A. Peinador recently proposed this argument.9 But practically all authorities on canon law, including the out-standing Claretian expert on the canon law of religious, Father Goyeneche,1° agree that this canon adds no new obligation, and that, in fact, a religious can sin against the specific obligation of striving for perfection only by contempt, and not even by individual violations of his vows. In spite of Father Peinador's worries, the individuality of each order is still preserved by the fact that the rules and constitutions determine the matter of the vows and further determine the matter in ~vhich superiors can invoke the vow of obedience. Two. other arguments are proposed by Father Peinador in his effort to prove that the rules and constitutions, oblige under pain of sin in spite of his admission, that this is contrary ~"'Obligan o no obligan las reglas?" Vida Religiosa, 16 (1959), 149-52, 216-20. I°Qt~aestio~es Ca~tonicae de Ittre Religiosor~¢~, 2 (Naples: D'Auria, 1955), 8. Cf. also Bouscaren-Ellis, C(t~ton Law (Milwaukee: Bruce, 1953), p. 285. 221 JOSEPH J. FARRAHER Review for Religious to the wishes of both-their authors and the Church herself. The first is based on the expression, used by St. Thomas and others, that the rules oblige ad poenam: It is true that some authors have interpreted this to mean that, although the rules do not oblige to their immediate object, they do impose an obligation under pain of sin to accept any penance imposed for their viola-tion. Father Peinador thinks that it is absurd to hold that the rules would impose a heavier obligation to accept a penance than to do what is enjoined in the first place. But if it is an absurdity (and I am among those who agree that it is), the conclusion should not be that "therefore the rules oblige under pain of sin," but rather, "therefore there is no obligation under pain of sin to accept a penance imposed by rule or by superiors unless it is imposed in virtue of the vow (as some few are in some con-stitutions), or unless the avoidance of the penance would be a sin for some other reason.''11 Some further explanation may seem required here; but as was hinted above, to discuss the whole question of the obligation of law in general and of purely penal laws in particular, would take too much time and space. Let it suffice for now to point out two briefer answers: either that the constitutions and rules are not truly laws, as Father Peinador himself holds; or, that the expression ad poenam,really means what we would usually indicate by sub poena. This is clear from St. Thomas's use of the expression in opposition to ~d culpam, in English we might translate sub poena (and hence ad poenam as used by St. Thomas) as under threat of penalty, just as we usually translate ad culpam or sub culpa as under pain of sin. Finally, Father Peinador complains that if the rules do not oblige "under pain of sin" (sub culpa), they oblige only "under pain of imperfection" (ba]o imperfecci6n), which to him does not make sense. The expression does sound peculiar; I have never before seen it used. What is usually held is that the violation of a rule is usually an imperfection. I do not think that anyone considers this a threat, as ba]o would seem to imply. It does imply that desire for perfection for love of God rather than fear of sin should be our motive for obeying the rule. If Father Peina-dor means to imply that every positive imperfection is a sin, his objection has already been answered above. l~That this is true of purely penal laws is taught by Vermeersch, I, n. 472, and St. Alphonsus, Theologia moralis, lib. I, n. 145. 222 July, 1960 RELIGIOUS DISOBEDIENCE To summarize: one would sin against religious obedience only on two scores: by a direct violation of an order given in virtue of the vow, or by formal contempt for authority (admit-tedly a very rare form of sin). Endangering the fulfillment of the vows, or contempt for religious life or constitutions could be a sin against religion. Otherwise, a violation of a rule or regulation will be a sin only if the act would be sinful apart from all idea of disobedience. An example of what might be a sin on the occasion of a violation of a rule would be a violation of silence in sfich a way as to disrupt the common order and to cause real inconvenience and mental suffering to those who are trying to serve God in a more perfect way according to the rule. The principles of what is given above are those taught by practically all theologians, including St. Thomas Aquinas,I~ St. Alphonsus,13 and Suarez.14 The practical application as to how often a violation of a rule may involve a sin for some other reason differs from Suarez, who judges that a violation will almost always involve a venial sin because of a venially sinful motive. In this he is correctly cited in Father Cotel's footnote cited earlier. St. Thomas and St. Alphonsus hold that a violation can and perhaps often does involve a venial sin because of a venially sinful motive. All three agree that no violation of a rule will be a venial sin because it is a violation of a rule, but only if the act would be a sin apart from any violation of the rule. Some who follow Suarez' rather severe judgment of fact are heard at times to say such things as: a violation of the rule of silence almost always (or very frequently) involves a venial sin against charity. That seems a rather severe judgment. If one sincerely held that, he would have to hold that almost all conversation, even during recreation times, involves sins against charity. I would not like to admit that. 1"-'Summa Theologiae, 2-2, 186, 9, for the rule; 104, 5, for orders of superiors; 186, 3, on the obligation to perfection. ~'~Theologi~ moralis, lib. IV, n. 38, for the rule; n. 42 for orders of superiors.In both places he simply gives the text of Busenbaum without further comment. ~4De religione, tract. 8, lib. 1, "De obligationibus religiosorum . . . ," cap. IV, nn. 12-13. 223 JOSEPH J. FARRAHER In a'll this we must always remember that the chief motive for embracing religious life should be the more perfect serving of God, and that love of God, not fear of sin, should lead all religious ordinarily to follow all rules and regulations of superiors.15. -. l~Father Rene Carpentier, S.J., in his Life in the City of God (New York: Benziger, 1959), ~vhich according to the title-page is "a completely recast edition, of A Catcchis~t of the Vows," emphasizes the motive of love throughout the book. He also states the obligations of religious obedience under pain of sin, pp. 158-63, much more in the manner outlined in this article. 224 The Problem of Transition for the Junior Sister Sister Mary Magdalen, OoP. In a narrow circle the mind contracts; Man grows with his expanded needs.I THESE WORDS of the eighteenth-century poet apply to any of us at any one stage of our lives; and we who have the rich treasury of the Church always at our disposal must, indeed, blush if our needs do not precipitate that growth which "enriches the harvest o~ charity so that [we] will have abun-dant means of every kind for all that generosity which gives proof of our gratitude toward G6d" (2 Cor 9:10-11). At certain times in our life of grace we reach a plane where a marked change or growth takes place, from which we emerge with new attitudes, firmer convictions to reach for higher alti-tudes. We are not "that which we have been.''2 We have expe-rienced a transition, a "development or evolution from one clearly-defined stage to another"; a "changing from an earlier to a later form with the blending of old and new features"; a building-up which enhances and brings to completion the foun-dation already laid. Such transitions we will experience often enough as we go life's journey; one such is the particular aim of the juniorate period, following the novitiate formation in religious houses. The areas of sensitivity in this development are not difficult to ascertain as we watch the junior sister try to find her place in professed life. She must adapt herself to a more intensive study program, to a more mature assuming of responsibility under obedience, to new social relations that include some secular contacts, to a wider range of age levels and interests in her own religious family. She finds herself being urged toward develop-ing her individuality, yet toward a more virile obedience ; toward creativity, yet toward a zealous dedication to the common life; 1Schiller, Prologues, 1.59. :Byron, Childe Harold, Canto 4, stanza 185. Sister Mary Magdalen is Mistress of Jt~niors at St. Catherine's Convent, Racine, Wisconsin. 225 SISTER ~/~ARY MAGDALEN Review for Religious she is confused in her new environment of "thinking for your-self" and "thinking with the community." Above all, she is not a little appalled by the large issue of resolving~everything within her obligation to grow daily in the love of God, a duty she freely assumed ~with her vows. "How," she asks, bewildered, "do I harmonize it all?" It becomes the task of the junior mistress, then, and of all who deal with the juniors, to analyze the situation, to provide gradually the helps they need to adapt, to take root, and to grow. Since the juniorate provides an intensive study program, what transition will be involved here? Perhaps this is the place, if it has not been previously achieved, to give a clearer under-standing of a truly integrated liberal arts program and the end toward which it aims. We find that though this has been dis-cussed from the postulant's beginning year, the junior sister, probably entering her junior academic year in college, will now be more ready to appreciate such a program. Study is much more the dominant activity of her day than in the earlier years when the novelty of the life, novitiate formation, absence of stability of profession--all militated somewhat against an inten-sive concentrated life of study. Indeed, it may even be somewhat of a problem to convince all junior sisters of the proportionate importance of study in their lives. To sound this note last August we prepared a sym-posium and informal discussion before college classes began on: "The Place of Study in Religious Life." The outline used follows at the end of this paper. Since at this time some of the young sisters still need help with the self-discipline of study, a candid reporting and dis-cussion of these difficulties individually with the mistress offers a helpful way to arouse the sincere desire and effort to establish the habit. Study time must, of course, be provided, and the course load be kept within limits, credit-wise. Long periods of study from two to three hours, at least sometimes, are a real necessity. Along with developing an attitude toward study, these are the years during which to build an attitude toward a habit of broad and well-chosen reading. The young sister must be helped in this by providing the right reading matter, by dis-cussion and motivation toward the choice she will be required to make. The sister must be shown that the need for a profes-sional woman is to keep well-informed on current trends, cul-tural, economic, scientific, to know the mind of the Church on 226 July, 1960 THE JUNIOR SISTER controversial matters, to discuss opinions intelligently (first, to have some), and to choose books that will broaden her ability to evaluate literature, history, the arts, and contemporary move-ments. Here the college instructors must be interested, as, indeed, we find them to be. The Directed Readings courses in the various fields of concentration challenge the sisters to a critical evalua-tion of works ranging through Plato, Aristotle, and Longinus to Tawney's Religion and the Rise of Capitalism, Karl Marx's Kapital, Veblen's Theory of the Leisure Class, works of Newman, Maritain, Hemingway, and Riesman. This practice in seeing'rela-tion of parts to a whole, in evaluation, and in individual and group critical thinking is a facility that can be used by way of transition in attitudes toward religious life. At a recent Chicago meeting of the AHE (Association for Higher Education) the emphasis in a sectional discussion centered on the need for a right conformity along with creativity in thinking and adting. Mr. Kenneth Little of the University of Wisconsin, quoting St. Augustine, reminded the educators present that "the best indi-viduality will ultimately lead to a slavery to God." The whole trend of thinking was that basic disciplines in the classical tradi-tions alone will prepare the mind to develop its own freedom in thinking on contemporary issues and problems. Conformity, rightly understood, and creativity must be seen to be comple-mentary rather than incompatible. The thoughtful junior sister will soon transfer this understanding to' her life of obedience and the development of her own personality. The principles of integration found in the curriculum will take on a new meaning for the sister student at this level. She will begin to relate her biological and physical sciences to the philosophical concepts at her disposal, and her theology, besides becoming a stronger personal defense in her religious life, will serve as a norm to which each discipline will look, while retain-ing its individual distinction as a science. Literature will become a laboratory in which human problems are tested and tried but never completely solved and from which vision .will often arise; contemporary changes on the technological, political, economic scene will prove a challenge, fitting themselves into place in human history, posing questions for the present, challenges for the immediate future. From these understandings and attitudes we can help the young sister in her personal problem of living her vows. From conformity and individuality in analyzing literature, art; and 227 SISTER MARY MAGDALEN Review for Religious history, we can lead her to a clearer appreciation of the en-nobling power of obedience, of her duty to expand her talents, to enrich her personality, and to strengthen her character. She can find her penance in the long hours of severe mental and physical discipline demanded by study; she can direct this pen-ance by her will to love ; she will find her reward both in growth in grace and in love of learning. Father Gustave Weigel, S.J., puts it thus: "Esteem for scholarship will not be produced by legislation or even construction of programs. It is a matter of creative love. To love you must be acquainted. To look for new acquaintances, there must be dissatisfaction with what is at hand.'''~ This dissatisfaction will prompt her to forge ahead in both her intellectual and her supernatural life, for we must help her constantly to see these as one. When to interpret for herself, when to seek advice, when the letter, when the spirit of the law--these knowledges must come to her somewhat through experience, even, as to all of us, through trial and error. No-where will she find the standard rule, the "capsuled" formula, though she will eagerly seek it. We can instruct with examples, but we must also leave room for failure, that necessary human-izing experience from which we as a people shrink. The junior sister must be encouraged to think out her own problems, to do some interpreting of emergency situations, to come out with the wrong answer and face her own mistake. She must be helped through this to the courage to start over, to smile through difficulties, to laugh at herself at times. Many of these understandings and developed appreciations of her religious life, then, will be incidental, casual, imbibed along with her daily living. A formal program of instruction, is, of course, necessary also. We have found the third part of Father McElhone, C.S.C.'s, Spirituality for Postulate, No~)itiate, Scholasticatea an excellent and practical guide for weekly instruc-tions. It lends itelf to natural deviations as the needs of the group demand. The divisions are: Sacrifice, Charity, Humility, Offense to God, Love of God, Accusation of Faults and Sins, Security of Rules and Vows, Temptation, Identification with Christ, Communion, Authority, The Trinity, Eternal Life. The material will easily spread itself over a two-year period. In covering "Sacrifice" we spent some weeks discussing sacrifice 3Gustave Weigel, S.J., "American Catholic Intellectualism," Review Politics, 19 (July, 1957), 275-307. 4Notre Dame: Ave Maria Press, 1955. 228 July, 1960 THE JUNIOR SISTER and renewing our undertanding and appreciation of the Mass, concentrating especially on My Mass by Joseph Putz, S.J.5 Then the virtues of sacrifice, humility, and charity were studied as they w~re portrayed in the lives of our Dominican Saints and our foundress, Mother Benedicta Bauer, O.P. This carried us through the first semester. "Offense to God" and "Accusation of Faults and Sins" we combined in a study of the use of the sacrament of penance, of general and particular examen of ~onscience, and the relation of these to meditation and recol-lection. Our object here was to challenge the sister to see these aspects of her religious growth as a unit, to help her approach her subject of particular examen positively, through the practice of recollection, through harmonizing it .when possible with meditation and mental prayer, with her efforts at self-knowledge. This is to militate against the discouragement commonly ex-pressed by the young sister: "If I make a resolution after meditation, one in my particular examen, one after confession, if I try to concentrate on something quite different during silence by way of recollection, where do I end?--in confusion!" We make an effort, then to "integrate" here, though admittedly it is uphill work, one which is only begun, since it involves patient waiting for the Holy Spirit. Meanwhile we show the importan'ce of constantly striving anew, of making consistent efforts at particular examen, recollection, and mental prayer, cardinal points on which ultimate success hinges. One can help the sister here, individually again; but the approach to the individual conference should put the burden of effort, at least apparently, on the sister herself. Does she need help? Does she want help? Let her go on from there. In still another sphere, we find the junior sister facing a transition--that of adjusting to secular companions in some of her classes and to a more mature group of sisters. We believe in having the juniors mix with the other professed. While we do have provisions for separate recreations, our junior sisters have free contact with all the sisters and join them in many of their recreations. This is an idea] situation for their better under-standing of the older s~sters, for a new relationship with their college teachers. It gives them an insight into the life and valuable services of our nurses and domestic sisters. There are opportunities to observe and test their own youthful impru- ~Westminster: Newman, 1958. 229 SISTER MARY MAGDALEN Review for Religious dences; to visit the sick and read to them; to share experiences with sisters who are not engaged in the schools; to get a better picture of the personnel needed to do all of the community's work. In the classroom situation, too, ihey meet secular students. They are sometimes confronted with unexpected competition, with views, outlooks, examples which alert them to problems of a world from which they are otherwise easily removed. They are challenged at making small decisions as to conversation, explanation, to a sense of poise and graciousness expected of them, to a loyalty to their community, experienced in practice for the first time. We might ask, now, besides the religious instruction and individual counselling, what other approaches can be t~sed to help the juniors in these important transitions? Here, more than ever before in the formation period, must we help her to help herself. An effective and appealing method to face and penetrate mutual problems is the group discussion--in any form. We mentioned earlier an orientation-to-school discussion on "The Place of Study in the Religious Life." The topic was broken down thus : I. Definition of Terms. II. St. Thomas and Study. The virtue of studiousness. a. What it is. b. What it is not. III. Study and the Religious Life. a. Purpose. b. Integration. IV. Practical Considerations. a. Attitudes: . b. Motives. c. Advantages. V. The Apostolate and Study. a. Need for preparation. b. Responsibility of an "apostle." The sisters admitted to a new alertness in the importance of the role of study in their lives. We feel it convinced them that study was truly the chief duty of their state for the time being. Another topic for discussion suggested by the young sisters themselves later in the year as representing a direct need was: "Practical Aspects of Poverty." Our approach this time: Each 230 Ju~, 1960 THE ,.]'UNIOR SISTER sister was asked to submit a question of her own on the subject. These were classified and duplicated so that all might consider, discuss, investigate, and mull over in informal conversation before the final discussion. Other discussions fruitful in broad-ening and stabilizing the sisters' views were centered on "Criti-cism and Censorship in Art and Literature," and on two rather controversial lectures delivered by Ashley Montagu and Vance Packard respectively. We hold, also, weekly, an informal dis-cussion of the Sunday Gospel with the question in mind: "What is Christ telling or asking of us in these words of His?" Quite frequently the discussion leads to a healthy "housecleaning" on points of courtesy, rule, and schedule, and to a group resolution, spontaneously arrived at. Summarily, if the atmosphere of the juniorate and of the sister's entire environment is one of mutual generosity and sin-cere desire to help them make the most of this valuable time, if they are encouraged in the virtues of honesty, candor, and justice, if they are helped to.appreciate somewhat the challenge of the complexities of life, no matter where it is lived, the efforts of all involved will be greatly repaid. We can, then, app~:oach this transition period with the junior sister, aware of the challenge, alert to the possibilities for development, humbly confident that "according to the grace that is given us" (Rom 5:2) we can help .her grow up toward her full stature in Christ. 231 Survey of Roman Documents R. I~. Smith, S.J. IN THIS ARTICLE a summary will be given of the documents that appeared in Acta Apostolicae Sedis (AAS) during January, February, and March, 1960. All references throughout the survey will be to the 1960 AAS (v. 52). The Christmas Message The 1959 Christmas message (pp. 27-35) was devoted by John XXIII to the subject of peace. The first and most important part of the message was concerned with three types of peace and the conditions under which each type can exist, l~eace, His Holiness said, is first of all peace of heart, an interior state of the spirit of each individual. The condition for this kind of peace, he added, is a loving and filial dependence on the will of God. The Second type of peace considered by the Holy Father was social peace, harmony within nations. This peace, he stated, must be based on a deep respect for the personal dignity of each man. ~Christ's incarnation and redemption, he continued, has dignified not only the human race, but each individual of the race. For if He has so loved the individual as to give Himself for him (Gal 2:20), then each man deserves to be given an absolute respect. This attitude is fundamental to all the Church's social teaching, according to which wealth, economy,, and the state are for man, and not man for them. The internal peace of nations, he warned, is threatened by treating men as mere instruments, simple means of production. Contrariwise only by recognizing the dignity of man will a natioa be able to dissolve civil discord. The Vicar of Christ then discussed the third type of peace, inter-national peace. The basis for this peace according to the Pope's message ¯ is truth. The Christian saying that the truth will make men free is also valid on the level of international relations. Hence in the pursuit of peace on the international level, force, nationalism, and the like must be sur-passed; and attempts towards peace must be based on rational and Christian moral principles. From truth, he added, proceeds justice; and justice in turn must be sustained by Christian charity which by its nature embraces all men. Then only will there be a real international life and not merely a coexistence. In the second part of the message the Holy Father pointed out errors b~eing made today by those who are striving to bring peace to the world. Peace, he said in this connection, is indivisible; hence it must be present in all its elements. Accordingly social and international peace are impossible without peace of heart. For true peace men must first of all 232 ROMAN DOCUMENTS be "men of good will." Hence the first step towards peace must be to remove the moral obstacles to it, especially in view of the present dis-equilibrium between scientific progress and moral progress. In the third part of the message the Pope spoke of the work of the Church for peace. He pointed out that she prays for peace; moreover she uses all her means, especially the treasures of her doctrine, to produce peace. It is indeed in and through her doctrine that she has been able to formulate the leading causes of modern international disturbance. These causes are the following: violations of the human person, of the family, and of labor; a disregard of the true and Christian idea of the state; the deprivation of the liberty of other nations; the systematic oppression of the cultural and linguistic characteristics of national minorities; a selfish use of economic resources to the damage and injury of other nations; and the persecution of religion and of the Church. In the fourth and final part of the message John XXIII called on all Catholics to be active in the work for peace and to be conscious of the fact that they have a command from on high for such activity. He then expressed his best wishes to all men especially the poor, the humble, and the suffering. The Consistories On December 14 and December 17, 1959 (pp. 5-24), the Pontiff held three consistories for the creation of eight new cardinals. In the first consistory, which was a secret one, the Pope delivered an allocution in which he stated that his choice of the new cardinals had been governed by a desire to show forth not only the unity of the Church but her univer-sality as well. The rest of his allocution was concerned with a summary of the principal events in the preceding year of his pontificate. Thereafter there took place the creation of the new cardinals; Cardinals Cicognani and Copello changed their cardinalatial churches; appointments to the hierarchy since the last consistory were read out; and the consistory closed with the postulation of the pallium b y newly appointed archbishops. In the second and public consistory the Holy Father imposed the red hat on the new cardinals. In the third consistory, which again was a secret one, the latest appointments to the hierarchy were announced and cardinalatial churches were assigned to the new members of the Sacred College. To the Laity On January 10, 1960 (pp. 83-90), His Holiness addressed an allocution to members of Catholic Action of the diocese of Rome. In the first part of the allocution the Pontiff detailed his long interest in Catholic Action, remarking that he has been actively associated with it since the year 1922. He also expressed his utmost confidence in Catholic Action for the future. In the second part of the allocution the Vicar of Christ developed some of the characteristics of Catholic Action. He told his listeners that Catholic Action was first of all a help to the clergy, as its classic definition 233 R. F. SMITH Review for Religious as the collaboration of the laity in the a~ostolate of the hierarchy shows. The work of Catholic Action, he pointed out, is an effort towards the ful-fillment of that part of the Our Father which reads,."Thy kingdom come." This work of the laity began already in ~he time of the apbstles; it was in this time too that the principle was laid down that nothing should be done without the bishop. The work of Catholic Action, however, can never be achieved without a solid spiritual formation of the individual member. Hence he exhorted his listeners to a life of habitual prayer accompanied by a deep liturgical spirit and a profound sense of the Church. Catholic Action, the Pope continued, is also a spectacle of disciplined unity. The unity of the Church, he said, has an irresistible attractiveness for men. Accordingly Catholic Action must be and appear an organization of union and concord; and this harmony must be shown simultaneously on the level of ideas, of plans, and of execution. Finally the Pontiff said that Catholic Action must be a luminous sign for modern times; it must be the angel in Apoc 14:6 wl~ich carried aloft the eternal gospel. Catholic Action will be. such a sign by defending the fundamental principles of Christian social order, by safeguarding the rights of man, and by validating the things that constitute man's dignity, his liberty, and his inalienable rights. The subject of education was also treated by the Pope in another written message of January 10, 1960 (pp. 100-103). This message was directed to the Interamerican Congress of Catholic Education held at Ciudad de San Josg in Costa Rica. In the message he told the congress that every true and deep education is the work of grace; hence the chief work of the educator is to cooperate with that grace. In order that an adolescent will persevere in the spiritual life given to him by the school, it is necessary, said the Pope, that the school develop in the child a spirit of initiative and an atmo~sphere of spontaneity and sincerity. Moreover, religious training must be directed not only to the intellect but to the will and heart as well. Furthermore, the Pontiff continued, religious culture should parallel the youth's growth in literary and scientific matters. Finally, religiou~ training should prepare the youth for his future family~ civic, and professional responsibilities; it should also provide him with an exercise of the apostolate and of charity. On November 25, 1959 (pp. 54-55), John XXIII directed a written message to the International Federation of Catholic Youth, meeting in Buenos Aires. Among ~other pieces of advice to them, the Vicar of Christ urged them to a great love and respect for their priests and chaplains, telling them that it is these priests who will open to them the sources of Christian doctrine, imbue them with the spirit of sacrifice and self-mastery, and lead them to a generous life of prayer and self-giving. A written message of December 8, 1959 (pp. 96-98), was directed by the Vicar of Christ to the meeting of Pax Romana held in Manila and devoted to the theme of the social responsibility of the student and the intellectual. He told the group that they should be proud of having been. chosen by 234 July, 1960 ROMAN DOCUMENTS Christ to be His witnesses even to the ends of the world. They must, he wrote, make themselves worthy of their call by living a profoundly Christian life; and they must endeavor to gain the respect of their col-leagues by their professional and moral competence. He also bade them to direct their studies to the Church's social doctrine, since the countries of Asia are now in a period of rapid economic growth. Finally he urged them to translate the message of Christian truth into forms appropriate to the Oriental soul. On February 9, 1960 (pp. 158-60), the Holy Father sent a written message to the school children of the United States asking them to pray for the needy children of other lands that they may be kept free from sin and have the strength to overcome temptation. He also asked them to be generous in contributing gifts, clothes, and money to such children. On December 8, 1959 (AAS, pp. 45-50), His Holiness addressed a group of Italian Catholic lawyers. Since the group had previously dis-cussed the subject of freedom of the press, it was this subject that the Pontiff considered in his allocution to them. He disclosed to his listeners his grave anxiety over much that is being printed today and its effects on the young and the innocent. In the matter.of the liberty of the press, he continued, it is always.necessary to have a clear conscience as well as one that is balanced, not insensitive, and not lax. The right to truth, he said, and the right to an objective morality based on the permanence of divine law is anterior and superior to every other right and need. Accord~ ingly there are necessary limitations to the freedom of the press and these limitations are found especially in matters that may do violence to the innocence of the child and the adolescent. Is it ever licit, he asked his listeners, to make a criminal deed the occasion of description and narration that are nothing else than a school of sin and an incentive to vice? In this area, the Pope insisted, the limitations of the press must be rigorously defined; and he called on his audience to study the matter carefully. He also told the lawyers that they should not fea~ to reprove the press and should endeavor to subject it to a human, civil, and Christian discipline. They should especially see to it that the press does not violate fundamental human rights. It would, he concluded, be the legalization of license, if the press were fred to subvert the r.eligious and moral foundations of the people. On December 30, 1959 (pp. 57-59), the Holy Father sent a written message to a meeting at Utrecht of the International Office of Catholic Education; the meeting had been called to commemorate the thirtieth anniversary of Pius XI's encyclical on education, Divini illius Magistri. The encyclical, the Pope told the group, has lost none of its truth; today as then the Church still declares the rights of herself and of the family in regard to education to be anterior to those of the state in the same matter. He also mentioned that since at the present moment national and international authorities are anxious about the intellectual and moral elevation of the human race, it is now more important than ever to have active members of the Church who are ready to explain and defend 235 R. F. SMITH Review for Religious the Church's point of view. They should also strive to adapt the principles of the encyclical to the new situations that have arisen since its publica-tion; and on the personal level they should strive to become the profes-sional and moral elite which the world and the Church need. Miscellaneous Documents On December 18, 1959 (pp. 166-69), the Sacred Congregation of Rites officially affirmed the heroicity of the virtues of the Servant of God, Elizabeth Ann Seton (1774-1821). On February 17,' 1960 (pp. 91-94), the Pope delivered an allocution at the solemn obsequies h~ld for Cardinal Stepinac in St. Peter's, telling the congregation that the deceased cardinal gave a modern example of Christ's words that a true pastor gives his life for his flock. By the Apostolic Letter, Maiora in dies, dated December 8, 1959 (pp. 24-26), the International Marian Academy was made a Pontifical Academy. On February 17, 1960 (pp. 152-58), the Pope delivered an allocution to the faculty and student body of the Pontifical Biblical Institute on the fiftieth anniversary of its foundation. After recalling the Institute's work and success during the last fifty years, he told the Institute to look forward to the future. He urged them to a life of scientific serious-ness which would employ all modern means of investigation and work and which would have the courage to face the problems aroused by recent research and discoveries. Their work, however, should also be characterized by prudence and sobriety, so that they do not propose as definitive that which is only a working hypothesis. He pointed out to the Institute and its members that their work was not merely to form Biblical specialists, but also men who are filled with sacredotal zeal and who brave the souls of prophets and apostles. The work of the Institute, therefore, is a truly priestly work. In all their work they must also have an absolute fidelity to the deposit of faith and to the teaching authority of the Church. Finally in their efforts to understand the pages of Scripture," they must recall the advice of St. Augustine: "Pray in order that you may understand." On December 6, 1959 (pp. 51-52), the Pontiff broadcast a message to the faithful of the Philippines at the beginning of their national mission year. On December 13, 1959 (pp. 52-53), the Pope sent a radio message to the people of Ecuador on the occasion of their presentation of a crown to a statue of our Lady of the Rosary. On January 1, 1960 (pp. 98-100), he sent a written message to the people of Nicaragua on the occasion of the nation's consecration to the Sacred Hearts of Jesus and Mary. On January 22, 1960 (pp. 90-91), John XXIII addressed an allocution to Konrad Adenauer, Chancellor of Germany, and on February 22, 1960 (pp. 95-96), to President Manuel Prado of Peru. Under the date of December 22, 1959 (pp. 61-62), the Sacred Apostolic Penitentiary issued the text of a prayer composed by the Pope to be recited by members of newly-founded churches. Faithful of such churches can gain an indulgence of three years each time they recite the prayer devoutly and with contrite heart. Moreover once a month they 236 July, 1960 VIEWS, NEWS, PREVIEWS may gain a plenary indulgence under the usual conditions provided they have recited the prayer daily for a month. 0n.December 14, 1959 (p. 105), the Sacred Consistorial Congregation named Cardinal Caggiano, archbishop of Buenos Aires, as military vicar of Argentina. A decree of the same congregation dated December 29, 1959 (pp. 164-65), provided for the continuation of ecclesiastical jurisdiction in the military vicariate of Colombia when the office of military vicar becomes vacant; it also assigned the proper tribunals for ecclesiastical cases of the same military vicariate. In a decree of January 5, 1960 (p. 60), the Sacred Congregation of the Holy Office placed the follow-ing anonymous volumes on the Index: Il Poema di Gesu and Il Poema dell'UomooDio (Isola del Liri: Tipografia M. Pisani). Views, News, Previews Institute Jesus Magister Brother Cecilius, S.C., who is presently stationed in Rome at the Generalate of the Brothers of the Sacred Heart, has sent the REVIEW information concerning the Institute Jesus Magister (Jesus the Teacher). The Institute, .which is now an integral part of the Lateran University, was founded by Pins XII with the purpose of providing for the intellec-tual, cultural, and religious development of teaching brothers. The foundation of' the Institute was announced in the summer of 1957; in the fall of the same year the Institute held its first academic courses°. Accordingly the academic year 1959-1960 was only the third in the history of the Institute. The president of the Institute is the rector of the Lateran" Univer-sity, who at present is Msgr. Antonio Piolanti. The vice-president and director of Jesus Magister is BrotKer Anselmo, F,S.C. The faculty for the academic year 1959-1960 was composed of twenty-six professors, nine of whom were diocesan priests, eleven were .religious 'priests, and six were brothers. During the same year ninety-five brothers attended the Institute. The brothers in attendance came from twenty-three countries and from nine different religious institutes as the following tables show: 237 VIEWS, NEWS, PREVIEWS Review for Religious Countries Represented Among the Students of Jesus Magister Number of Number of Country Students Country Students Canada 13 Mexico 3 U.S.A. 11 Chile 2 Spain 10 Nicaragua 2 Italy 9 Peru 2 Brasil 8 Ruanda 2 Australia 5 Cuba 1 France 5 Ecuador 1 Eire 5 Malay 1 Argentina 4 Portugal 1 England 4 South Africa 1 Colombia 3 Venezuela 1 Vietnam 1 Religious Institutes Among Students of Jesus Magister Institute Number of Students Brothers of Christian Schools 38 Marist Brothers 26 (Irish) Christian Brothers 11 Brothers of the Sacred Heart 7 Brothers of Mary (Marianists) 4 Brothers of Christian Instruction (Ploemel) 3 Xaverian Brothers 2 Brothers of Christian Instruction of St. Gabriel 2 Josephite Brothers of Ruanda 2 From the tables it can be seen that besides the intellectual development imparted to them by the Institute, the brothers also profit by contact with fellow brothers of other countries and institutes. At the present time the. Institute offers a four-year course. The first year of the course is chiefly devoted to Thomistic philosophy and fundamental theology; the last three years are concerned principally with dogmatic and moral theology, Sacred Scripture, ecclesiastical history, and catechetics. The courses are presently given in both English and French; other languages will be added as the need arises. At the end of two years of the course, the students are made bachelors in re-ligious sciences; and at the successful completion of the entire four-year program they are given a licentiate in religious sciences. There i~ a possibility that, as the Institute grows, an additional program leading to a doctorate in religious sciences will be added. Brothers interested in studying at the Institute must have a degree which permits them to enter a graduate faculty or a university of their own country. Moreover they are expected to have a sufficient reading knowledge of Latin to be able to handle the texts necessary for their 238 VIEWS, NEWS, PREVIEWS studies in the Institute; such texts, for example, would be the Vulgate, the works of St. Thomas, and the code of canon law. The candidate must also make a written application for admission into the Institute; with the application he must include a birth and a baptismal certificate, copies of degrees held, written authorization of his major superior, and two photographs (passport size). Auditors, that is, students not studying for a degree, are also admitted with the permission of their superiors. Finally laymen who are engaged in teaching religion on the primary or secondary level are admitted, provided they 'have the necessary quali-fications for the Institute's program. Persons interested in the Institute can obtain more information about it by writing: Ill.mus Fr. Anselmo Balocco, F.SoC. Instituto Jesus Magister Pontificia Universith Laterano Piazza S. Giovanni in Laterano, 4 Rome, Italy Christ to the World Founded three years ago, this "International Review of Apostolic Experiences" has spread to 125.countries and is contributing in a very efficacious way to the work of the apostolate among unbelievers. The aim of the review is to promote the apostolate in pagan and dechris-tianized environments by pooling apostolic experiences and making known the most fruitful apostolic efforts undertaken throughout the world. In presenting these experiences, the review stresses the method followed, the means used, the difficulties encountered and how they were overcome, the results obtained and the lessons drawn from the experience which will prevent future repetitions of the same mistakes. A sample copy of an issue dealing with the problems one indicates interest in will be sent on request by Reverend L. P. Bourassa, Circulation Manager, Christ to the World, Lungotevere dei Vallati, 1, Roma. Brothers' Newsletter: Menus and Recipes The Brothers' Newsletter reported in its November issue that Brother Herman Zaccarelli, C.S.C., has published a book on menu-planning and recipes for Catholic institutions. This is the first book ever to be written taking into account the specialized food problems of the vow of poverty, feasts, and fasts of the Church year. In the summer of 1960, Brother plans to direct the first school of culinary arts for religious at Stonehill College, North Easton, Massachusetts. He hopes to build this summer course up to a regular three-year program. For his work on the book, Brother received grants from several food com-panies serving Catholic institutions. 239 QUESTIONS AND ANSWERS Review for Religion,s The interesting facts and events relating to the life and training of brothers which the Newsletter contains are available without subscrip-tion fee. Write to Brother William Haas, S.J., West Baden College, West Baden Springs, Indiana, or to Brother Walter, S.V.D., Divine Word Seminary, Techny, Illinois. )uestions ond Answers [The following answers are given by Father Joseph F. Gallen, S.J., pro-fessor of canon law at Woodstock College, Woodstock, Maryland.] 24. I was teaching a summer course to sisters from several congregations. Canonical questions on the religious life occasionally arose. One sister told me that her constitutions state that a parish convent cannot be a canonically erected religious house because at the commencement of the scholastic year the community of such a house may be composed of new members. Another sister stated that in her congregation all houses of less than four sisters are filial houses, those of four or more are canon-ically erected houses. Difficulties on obedience, according to this sister, arise in filial houses because of the fact that the one at the head of a filial house is not a real superior. To avoid this, higher superiors strive to have all houses canonically erected; and they believe that this is accomplished by the mere fact of assigning at least four religious to a house. They also believe that the'sole fact of assigning three or less sisters to a house makes it filial. My reply to both sisters was in the negative. Was I correct? A canonically erected religious house, because it is a moral person, can cease only by suppression or extinction. A moral person in the Church is of its nature perpetual. If only one member remains in it, all rights of the moral person devolve on him. A moral person and therefore a religious house becomes extinct only when it has ceased to exist, that is, has had no members, for a hundred years (c. 102)'. As a collegiate moral person, a canonically erected house must consist of at least three religious at the time of its erection. Since a moral person is of its nature perpetual, it is evident that the continued existence of a religious house does not depend on the permanent residence. 5f the religious who originally constituted the community. These may constantly change, as they do in other moral persons, for example, an institute or province. The same juridical perpetuity proves that a religious house continues to exist as such if the number of religious assigned to it after its erection becomes less than three. The superior of such a reduced religious house remains a superior in the proper sense of the word, Since he is a superior of a canonically erected house. A higher superior cannot change a canonically erected house into a filial house merely by assigning less religious to it (cf. Larraona, Commentarium Pro Religiosis, 3 [1922], 48, note 176). This 240 July, 1960 QUESTIONS AND ANSWERS change demands an extinction or the formalities of a suppression and the permission to open a filial house. Neither may he change a filial house into a canonically erected house merely by assigning more religious to it. This change requires the formalities for the canonical erection of a house. Goyeneche (Quaestiones Canonicae, I, 115) anal Jone (Com-mentarium in Codicem Iuris Canonici, I, 404) deny that such formalities are necessary in this case. They maintain that the change of a filial into a canonically erected house is a mere internal change and conse-quently demands no permission of external authority (cf. Question .17). But such a change certainly and evidently implies the erection 5f a moral person. Canon 497 does not grant the right of erecting a moral person, solely on their own authority, to the superiors of any religious institute. The law on internal and external changes presupposes an existing moral person and its purpose is to determine whether the change has so altered this existing moral person as to make it a different moral person. In the opinion of Goyeneche and Jone, an exempt in-stitute could open a filial house with th.e permission of only the local ordinary; and then, merely at the will of its superiors, with no further permission of the ordinary and no permission whatever of the Holy See, could canonically erect an exempt religious house. But canon 497, § 1, demands the permission of the Holy See for the canonical erection of any exempt religious house. A house becomes a new moral person when it undergoes a formal external change (Question 18) or is moved to such a distance (Question 19) that the formalities of a new erection are necessary and are obtained. It need not be mentioned that religious owe the same reverence and submission to delegated as to ordinary authority. The ultimate source of the authority is the same and the motive of religious obedience is the same in both cases. 25. If we are able to suppress the religious house mentioned in Question 23, to whom does the property of the suppressed house belong? Unless the particular constitutions contain a different enactment, the property of a suppressed or extinct house appertains to the im-mediately higher moral person, that is, to the province or, if there are no provinces, to the institute (c. 1501). The property of a sup-pressed or extinct separated establishment already appertains to the house to which it is attached. All obligations of justice, all rights ac-quired by others, and the intentions of founders and donors are to be respected and observed. 26. Are parish school convents of sisters in fact ~anonically erected or merely filial houses? It is presupposed that the house had the antecedent requisites for a canoncially erected house at the time of its erection (cf. Question 3). If so, such convents are canonically erected religious houses unless the 241 QUESTIONS AND ANSWERS Review for Religious explicit or implicit intention of the local ordinary in particular cases was merely for a filial house (cf. Questions 11-13). This follows from the fact that such convents are only exceptionally filial houses. Parish convents are termed houses in approved constitutions equally with other canonically erected houses, for example, academies, colleges, and hospitals. Their superiors are in the same way superiors in the proper sense of this word, and not mere delegates of a higher superior or another local superior. Their superiors are held to the limit of the three-year term and to two such consecutive terms in the samehouse (c. 505). These same superiors are also equally ex officio members of the provincial or general chapter. Parish convents have their own councilors and bursar or treasurer, and these are proper to canonically erected houses (c. 516, §§ 1-2; cf. Question 6). Furthermore, some constitutions make this general sense clear by stating that only the smaller houses of two or three sisters are to be filial houses (cf. Question 6). It is true that a moral person, by the positive law of the Church, should be perpetual (c. 102, § 1); but the sense is that it may not be erected for a definite time, for example, five years. It is perpetual in the sense of the law when it is erected for an indefinite time (cf. Michiels, Principia Gen-eralia de Personis in Ecclesia, 535). The particular constitutions may add requisites for a canonically erected house. If so, the petitioning of the consent for the establishment of houses is made according to such norms and the houses are canonically erected or filial according to the same norms. 27. What do you think of the enactment of our constitutions that the portress should every night carry the keys of the convent to the superioress? This enactment was contained in article 319 of the Normae of 1901, on which the constitutions of practically all lay congregations are based. However, it was not repeated in the similar norms of the Sacred Con-gregation of the Propagation of the .Faith of 1940, nor is it by any means contained in all constitutions. In some convents, the superior would be the nocturnal custodian of a sufficient number of keys. The efficiency and practicality of this practice are at once questionable. Its necessity is equally doubtful. I personally have never heard of any alarming number of attempts to break into convents at night. The doors should be securely locked at night, but it is not the custom in the United States to use locks that can be operated only by a key from inside. We may also question whether this type of lock is more secure, and a door is not the only means of entrance favored by burglars. The principal objection against the practice is the danger of fire and the fire regulations. To repeat what we have already stated on two occasions: "All doors used in connection with exits shall be so arranged as to be always readily opened from the side from which egress is made. Locks, if provided, shall not require a key to operate from the inside. Latches or other re-leasing devices to open doors shall be of simple types, the method of 242 July, 1960 QUESTIONS AND ANSWERS operation of which is obvious even in darkness" (REVIEW FOR RE-LIGIOUS, 15 [1956], 284-85; 18 [1959], 165). It seems evident that all doors leading to the outside should be capable of being used as exits in case of fire; and an exit door locked from the inside, with the key in the superior's room, is a fire hazard of the first order. II. Local Superiors 28. Is a minimum age prescribed for local superiors? Every canonically erected religious house must have a local superior in the proper sense of this term. The prescriptions of canon 505 on the term of office and reappointment affect only minor local superiors. A minor local super

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PLEASE REMEMBER That by sending your orders to us you help build up and develop one of the church in-stitutions with pecuniary ad-vantage to yourself. Address HENRY S. BONER, Sup't. T H E HE RC U R V The Literary Journal of Gettysburg College. VOL. XV GETTYSBURG, PA., OCTOBER 1907 No. 5 CONTENTS PRINCIPLE AND PRACTICE.—Junior Oratorical Oration. 2 W. A. BEKKEY, '08. MAN, THE MARVEL OF CREATION. Honorable Mention Junior Oratorical. H. M. BOWEK, '08. PUMPKIN PIE. GEO. W. KESSLER, '08. THREE GREAT PHILOSOPHERS.—Essay. Socrates.—Part I. CHARLES W. HEATHCOTE, '08. 10 SOLDIERLY QUALITIES.—Essay. MARY HAY HIMES, '08. lf> MY FIRST DAY AS TEACHER IN A COUNTY SCHOOL. 19 E. E. SNYDER, '09. OUR NATION'S DANGER.—Poem. H. D. SWANK, '11. 21 A VISIT TO SING SING.-Essay. BY 1908. 22 SCHEDULED TIME.—Essay. EDITORIALS. EXCHANGES. 2& 28, 31 THE MERCURY. PRINCIPLES AND PRACTICE. Junior Prize Oration. W. A. BEHKEY, '08. THOUSAND years hence the history of the United States will be studied with an interest that shall equal if not excel that which is now manifested for Greece, Eome, or any of the nations whose history is already made. . The unparalleled rise and development of our nation is a truism. Our standing and supremacy among the other nations of the world is indeed unique. Little wonder is it that the heads of European nations grow dizzy when they see the progress of their own countries during hundreds of years equalled and excelled in a few scores of years by the American people. Of first importance to the student, then, will be this incomparably rapid development. Various prophesies and predictions have been made about the destiny of our republic. The whole of history has been scanned for a parallel of principles and practice which will indicate her ultimate character and function. The question how long our republic will endure was answered very profoundly by James Russell Lowewll: "So long as the ideas of the men who found-ed it continue dominant." To some people the character of our age seems so evident, since they themselves form a part of it, that it presents no ques-tions of inquiry. To the student who surveys carefully the principles and practice dominating and shaping the trend of our growth, there appear tendencies, various, conflicting and inconsistent to such a degree, that the scene is one of intermi-nable confusion. Among the nations of the world, none wields such power and prestige for bringing about peace, as our own When Nicholas of Russia extended a call to the nations for a world parliament at The Hague, and afterwards refused to follow the very prin-ciples which he advocated; when England, the leading nation of Western Europe was willing to block the way of international peace; when the Hague conference, the grandest ideal ever at-tempted, seemed to result in utter fruitlessness ;then it was that the United States on the occasion of the Venezuelan trouble. THE MERCURY. 3 brought back to life this grandest movement of history. When Japan and Eussia, failing to come to terms of peace, were on the point of resuming a war that was inhuman in its character, and unjustified in its object, it was again through the mediation of U. S. that peace was effected satisfactorily to all the world. But on the other hand, if our nation wields such an influence for peace, honesty, integrity of character and justice, how can we reconcile this with the inner life of our nation—with such facts &s are disclosed by the Life Insurance Investigation, the monopolists, the Capitol graft, in our own state which is but a type of what is occurring in some form or other in nearly every large city; the corruption of our politics; the startling statistics of crime; the constant strife between the different races in our own land; the lack of a public conscience in our courts of jus-tice. These glaring facts seem to indicate an utter disregard of the principles of peace, honesty, liberty, and justice, upon which our nation is founded. Statistics show that the IT. S. has the greatest criminal record of any other nation on earth. We pride ourselves in claiming that one of our great national principles is the equality of man. and we point to the 15th Amendment of our Constitution as an achievement which must outshine any enactment, decree, or legislation in the world. In practice, however, we discriminate against the negro. States are openly disavowing and nullifying the 15th Amendment by inserting in their constitutions suffer-age provisions which are in direct conflict with the spirit of the Federal Constitution. Separate coaches on lines of transporta-tion, and restriction of residence to certain portions of the city are not matters of the dim past. We dilate each year on the growing feeling of peace between the North and South, and yet when a Southerner comes to the North, he is a mark of curiosity—a rebel—alive, and in the North. It was but a few months ago when a prominent South-erner, during his visit to a wealthy shoe manufacturer of Boston was utterly embarrassed by the curiosity of the people, which reached its climax in the question from the most refined lady to the Southerner: "Since the war is over, don't you Southern-ers feel ashamed for causing it ?" We eulogise American democracy for the principles which THE MERCURY. govern her political system. Yet we have come to such a status in which it seems the majority of men are willing to abdicate the sovereignty entrusted to them, to allow a boss to dictate their votes, and all too frequently, to compromise with one fac-tion or tiie other for a price. Do we not regard our own government with too much com-placency ? A feeling' that it cannot go wrong, it has been maintained that the glory of American democracy consists in the manner in which people of the most various races and na-tions have been absorbed and adapted by the vigor of the Aiheri-ean spirit. Hugo Munsterburg says of this: "The foreign ele-ments which come of their own choice to Germany, have been as thoroughly assimilated by the monarchy as the American emi-grants by the democracy. America's whole success in that di-rection, hi' says, is determined by her geographical and economi-cal situation, but not by her form of government." We make no apology for this seeming pessimism. Such is not our view. We have no sympathy with the view that every-thing is corruption and that all the picture should be dark and threatening. The last decade has been marked by prosperity never known heroic: by progress in international relations never dreamed of in all history. There has been illgotten gain and corruption in many places. But, the abuses which in' condemn only cause the principles in which we hare such profound faith, to stand out by contrast in their full orbed glory. The questions which present themselves are these: How can the 1'. S. maintain and exert such an influence for peace and honesty, when internal conditions are so inconsistent ? If the rest of the world is really aware of the true conditions, what is the secret of our influence ? If the rest of the world is not aware, how long will it be until the corruption comes to the sur-face and our prestige falls ? We do not believe even that danger is imminent. But we must admit that the people do not want to hear and seemingly are almost unwilling to believe that our destiny as a nation is affected by forces such as these. 1'eare is not the greatest word. Honor and Justice are far greater. We must remain true to the principles which we maintain. We must endeavor to practice them universally. We cannot close our eyes to facts. We have • little time for the student or teacher of science who refuses to THE MERCURY. -open Eds eyes to the (acts of investigation which lie beneath the surface. So with the individual who refuses to recognize the •disharmony between his principles and the facts of his practice. One of the most dramatic lessons in history is Demostheness pleading with the people of Athens. Demosthenes well knew that Athens could stand only as she was true to the principles ■of the fathers. Not because they were the principles of the fathers, but because their fathers had been faithful to the message of Demosthenes to Athens remains a message to every republic—a message of life. The people in their assemb-lies applauded the fine sentiments, enjoyed the praises of the fathers, passed eloquent resolutions,—and shirked their duties. They depended upon leaders—bosses—to attend to all the affairs •of the state. "In old. days," Demosthenes said, "the people was master of its statesman. Now it is their servant." These seeming inconsistencies are only warnings directing us where our principles which are ideal might become real. If ■there can be any evident reason for our progress at home and abroad during the last six years, it is because we have a man at the head of our government who practices the principles for which the nation stands. His, the work of one man,-shows us the secret of a principle of progress—the individual. The thinker sees problems in their relations. The inconsistencies which he finds become a burden, and this very burden of incon-sistency between principle and practice gives the impulse which, leads him to their solution. THE MERCURY MAN, THE MARVEL OF CREATION. Honorable Mention, Junior Oratorical. H. M. BOWER, '08. ITII the advancement of civilization and the rapid pro-gress of modern times, the truth of the assertion that man is a wonderful piece of mechanism becomes more and more apparent. In his forward movement he leaps the chasm of mysteries, forces the strongholds of igno-rance, and surmounts the seemingly impossible. Prom the very beginning, created from the dust, guided by the Omnipotent Hand, he is by his very nature, not only a vir-tual compendium of proceeding stages of creation; but as such is an exponent of the power and wisdom and goodness of God. For in him the laws of matter are to find their interpreter, the vegetable kingdom its uses, animal and all creation its subordi-nate completion and end. "He is a being who besides being a continuous link in the chain of the divine manifestation, could,, as the creation to whom the manifestation is made, turn round and look back upon that chain and by that very act show himself to be the most important part cf it." In this new creature we behold a being capable of knowing and distinctly conscious of a three-fold element of knowledge—of himself as a dictinct ex-istence; of the finite creation to which he belongs and from which he derives his sensation; and of the Infinite Maker of both, presupposed by their existence. Still more: Ileie is a person, a being, influenced by motives and determined by will, and having a high moral end cf his own. He is a creature in whose mysterious constitution law and liberty—perfect law and conscious liberty—harmoniously co-exist. It is the universal law that all things develop gradually. Man with all his wonderful endowments, his emotion, his intellect, his will, once latent gradually arose to his present stage of in-telligence. But he possessed the germ of power which burst forth into a mighty volcano of achievement—the power of his perception, which enables him to remember and compare, the power of his imagination which, at times indeed, leads him into perplexities and errors, but without the aid of which Newton would never have passed from a falling apple to a falling moon; THE MERCURY. the power of his thought by which an inventor finds his wonder-ful analogies; the power of his will by which he determines his destinies. What mind is there large enough to grasp the great achieve-ments that man has wrought. He revels among the stars and says that they are suns. He delves into the bowels of the earth and says there is fire. Archimedes exclaimed: "Give me a place to stand and I will move the earth." Man has found a standng place and he literally moves the earth, not, it is true, from its place among the stars, but that he brings every part nearer the other, and bends the forces of nature to his own pur-poses. He crushes a ton of granite or cracks an egg with equal •ease. He lifts thousands of tons as easily as he raises a finger. The deepest valleys and the highest mountains are his play-things-— he bridges the one and tunnels the other. He makes a messenger of the lightening and harnesses vapor to his chariot. At his command the spirits of air, water, fire, and earth do his every bidding. They propel his steam ships, railway cars, and mighty energies. They make his garments; they build his houses; they harvest his crops; then illuminate his cities; for him they make ice in the tropics or oranges grow amid the snow; for him they fan heated atmosphere into cooling breezes, banish icy winds. They.flash his news around the world; carry his voice for thousands of miles; or preserve it after he is dead. What are the causes of man's progress ? His indominatable will and the gift of Immortality are the true and real causes. His will, the very image of the Divine will, which is unconquer-able, enables him to control the lower creation as well as him-self. God has given to man immortality. He leads and guides man so that he will be worthy, at His call to assume the crown ■of immortality. No wonder Hamlet exclaimed: "What a piece of work is man ! How noble in reason !, How infinite in faculty, in form and movement, how expressed and admirable ! In action how like an angel! In apprehension how like a god! The beauty of the world ! The paragon of animals !" *Baker, '08, also received honorable mention. THE MERCURY. PUMPKIN PIE. GEO. W. KESSLER. '"08. • EXT to pudding, pumpkin pie is one of the best of the toothsome inventions of our New England ancestors. The modern substitute is made of squash, and very good it often is. But s-q-u-a-s-h is a dreadful name. The man who invented it ought to have a hard shelled Hubbard hurled at his head, as Ichabod Crane was served with a pump-kin, in the "Legend of Sleepy Hollow." Pumpkin is quite a different word , whether it adorns a bill of fare, is woven into poetry, or is flattened into "pu-n-n-kin"in the vernacular. It is one of the old fashioned vegetables that has held its own among upstart rivals for one hundred years or more. Precious little help has the pumpkin had from the propagating gardeners, who are so intent on improving nature's products in other fields. The pumpkin is the same honest, homespun, self-made sort of vegetable vagabond that it was when it straggled through the cornfields and dotted the autumn landscape with spots of golden color in the pioneer days when luxuries were not necessities and wants were few. They pretend to say that the quality has de-teriorated, like some stiains of blood in men whose heads this useful vegetable has most uncharitably been made to symbolize, and that the flesh is pale and poor compared with the yellow richness of fonner years. Yet this may be only the woi k of the old-time worshippers. But when made "tine to name" in just the right way, and served before it gets cold, a pumpkin pie is a thing of beauty and a joy—while it lasts ! 1 know there is an attempt made by certain super-civilized persons to make abstinence from pie a test of refinement. Some of them haven't gastric juice enough to digest anything but tea and toast, but others are just putting on airs. I wouldn't trust some of these fellows who make a virtue of abhoring pie alone with a whole one behind the pantry door, even at 11 o'clock at night. 1 take my seat with Emerson, who, when lunching at a railroad eating house with a party of literary and scientific friends, asked them each in turn if they would ha,ve a piece of the pie before him. When all had politely declined the philosopher helped himself to a gen-erous pie«e and, beaming upon the company with his benevolent THE MERCURY. 9 smile asked: "What is pie for, gentlemen ?" Judge the diet i)v its results ! Was not our New England sage a hundred times healthier and saner with his pie than crabbed old Thomas Carlyle was with his oat meal porridge and dyspepsia ? A well made pie of the right sort is a good deal more wholesome than half of the modern messes concocted as a concession to dyspep-tics who charge upon healthful foods, the natural results of their own sin and ignorance in living without exercise, sleeping too little, smoking too much and neglecting the normal condi-tions of health. But to return to my pie. I scorn to make a cook book of this essay with my present rather scant supply of technical knowledge. But I do know that for a good pumpkin pie you want plenty of milk, just enough eggs, not a judicious sprink-want plenty of milk, just enough eggs, not too much pumpkin, a lump DI' butter and a judicious sprinkling of spices, princi-pally cinnamon and ginger—omitting, if you please, the nut-megs and cloves. The concoction when made ready for the oven, in a "bottom crust" that is tender and flaky when baked, should be about the consistency of good thick cream. Pies that cut out only a little less firm than a pine board—those that will "wobble" without breaking, like a piece of leather—and those that run about loose on your plate are alike to be avoided. About an inch and a half strikes me as a good depth for the filling; two inches is better than the miserable, thin plasters one some-times sees at boarding houses, that look for all the world like pumpkin flap-jacks. The expressive phrase, "too thin" must have come from such lean parodies on pumpkin pies. With the pastry light, tender and not too-rich, and a generous filling of smooth, spiced sweetness, a little "trembly" as to consistency, and delicately browned on top, a perfect pumpkin pie, eaten within a few hours after baking, is one of the real additions made by American cookery to the good things of the world. For the first pumpkin pie of the season, flanked by a liberal cut of creamy"cheese, I prefer to sit clown, as the French gour-mand said about his boiled young turkey—"with just two of us; myself and the turkey." Company is apt to distract from the attention—and subtract from the pie. IO THE MERCURY THREE GREAT PHILOSOPHERS SOCRATES. Parti. CHARLES W. HEATHCOTE, '08. HE ideal which the citizens of ancient Greece held in; mind was that the state should not be too large, so. that each one personally would be able to take a large share in civic affairs. The divided condition of the country made it difficult for the ideal to be realized, for in-tense rivalries sprang up continually between the various com-munities and the result was that national life was destroyed. Though confederacies were formed, nevertheless they were short-lived and in th end this rival spirit resulted in Greece losing her liberty. . Thus when Xerxes had invaded Greece with his Persian hordes, Athens and Sparta were active in repelling the invasion. Subsequent years found Athens the leader in Grecian affairs. She became weaithy and brilliant. Intense rivalry and jealousy on the part of Sparta and many other Greek states who had formed a confederacy with Athens led to an open revolt. Athens was accused of appropriating funds for her own use, which did not belong to her. In the struggle that followed Athens lost her political supremacy from which she never recovered. Al-though she remained intellectual queen of the world for years afterward. In order that the state might be strong each citizen lived pri-marily for the state. Though the state may be ever so small each citizen participated in the government in a personal and direct manner. The citizen formed and made up the leisure' class of society. The people were therefore able to devote all their time to civic, religious, intellectual and artistic pursuits, since their menial tasks were performed by slaves. The intense rivalry of various states and factions within the-state and the mountainous condition of Greece prevented a firm union. A diversity of interests sprang up. The state was unable to grow or develop. It was ideal in its conception, ■ but there was breathed into its structure an air of artificiality. The true development of the state was also hampered by the-union of their so-called protecting divinities and civic ideals: They developed all knds of fantastic ideas about gods, divinities'. THE MERCURY II and deities. The various so-called priests multiplied the con-ceptions of numberless gods. Their religion was lacking in unity and stability. Forbes.well says: "That the more stable elements in the Athenian constitution had been greatly weaken-ed, and the general aim was to make all legislation and admin-istration a reflection of the immediate feeling of the citizens, a rationalizing process in matters of faith and principle had been gaining among the more cultured Greeks, and its results had been filtering through philosophic teaching and poetry into the minds of a wider circle." Since the priests were not true guides in the religious affairs, the moral life of the people degenerated. However, the time would come when the religious and moral tone of the native would undergo a complete revolution. Poets and philosophers would seek to know and explain the mysteries of life. Specula-tive thinkers desired to know the origin of things. About (600 B. C.) Hales of Milatus begins to philosophize upon these things. After him followed Anaxmander, Heraclitus, Pytho-goras, Xenophanes, Parmenides, Zeno, Anaxagoras, and others who sought to explain the ultimate reality of things. About 450 B. C. a transition is noticed in Greek thought. The Sophist School became the leaders in Greek philosophical thought. The reasonings and teachings of the Sophists were empty and to a great measure false. Ueberney says: "In the doctrine of the Sophists the transition was effected from philosophy as cosmology to philosophy as concerning itself with the thinking and willing subject. Yet the reflection of the Sophist extended only to the recognition of the subject in his immediate individual character, and was incompetent, therefore, to establish on a scientific basis the theory of cognition and sci-ence of morals, for which it prepared the way. The chief rep-resentatives of this tendency were Protogoras the Individualist, Gorgias the Nihilist, Hippias the Polymathist, and Prodicus the Moralist. These men were followed by a younger genera-ton of Sophists, who perverted the philosophical principle of subjectionism more and more, till it ended in mere frivolity." Furthermore the Sophistic teachings led to a confusion of thought, a corruption of morals and skepticism. Selfishness and self-conceit everywhere were prevalent. Men claimed to know everything, when in reality thy knew nothing. An atmosphere 12 THE MERCURY entirely foreign to the earlier days of the Athenians hung over the city. The citizens were unable to receive justice at the courts. Wealth, luxury, indifference, immorality, atheism and selfishness had resulted in bringing chaos to Greek life. A cricis, faced the people. Who would arouse the citizens from their leth-argy ? To whom could they look for help ? They were in-different to their condition. This work was to be started and accomplished in part by Soc-rates. Kitch el I says: "There were great evils existing in men and society about him. To those evils he was particularly sen-sitive, owing to the peculiar quality of his intellectual and moral nature. For those evils he was persuaded that he had the only and sufficient remedy. The application of the remedy in order to overcome those evils was the work of his life. His great aim was to make men care, not so much for their bodies, or money, or office, as for righteousnes, and virtue and the things of the-snul." He spent his time among his fellow-citizens, in the con-stant and public quest of truth, with them and for their good. He was convinced that as only could he do his part in counter-acting the evils in men and society about him." Socrates was born at Alopece near Athens about 469 B. C. His father, Sophoniscus, was a sculptor and his mother's name was Phaenarete. His father was a freeman and was in humble circumstances. At an early age he was instructed in gymnas-tics, lyric poetry (JKOWEK^)" and literary art. Tradition, says that some one gave him sufficient money to attend a special course of lectures given by a rhetorician in mathematics, logic and ethics. For a time he followed the art of his father, but not with very mueh success. He was dissatisfied with this profession and at length abandoned it to devote all of his time to phi-losophy. However to live in Athens in the days of Socrates was an education in itself. He lived at the time of the confederacy of Delos, the great poet Pindar, and the three brilliant dramatists, Aeschyus, Sophocles and Euripides. It was the great age of Pericles. Athens was the intellectual-queen of the world. He saw the great development Athens was making. He was also conscious of the immorality and skepticism which was prevalent everywhere. Without a doubt as he contemplated and reflected. THE MERCURY J& upon the condition of his beloved' city, lie realized how great a mission he had to fulfill. During this period the Sophists, Pro-tagoras and Gorgias, lived and taught, and it is very likely that Socrates attacked them and argued with them in regard to the-principles they advocated and taught. The mind of Socrates, as his personal appearance, was unique. Kitchell says: "That his eyes projected like a crab's, his nos-trils were upturned like an ape's and his lips were thick." He was independent in his thought. In his conversation with men. he sought to find out the relation of things. His mind was keenly analytic. The principle that governed his teaching was "Know Thyself." • He had wonderful control over his body and mind. As Soc-rates so St Paul had this power as is illustrated in his letter to the Corinthians (i Cor., IX, 26, 27)—so fight i as not heating the air, but I buffet my body and bring it into bondage. His: remarkable fortitude was revealed in the military expedition to Potidaea in 432 B. C. At this time he was in the prime of life. The winter was severe and the food supplies were short and the soldiers suffered intensely. But Socrates went for days without food and went about very thinly clad and marched in his bare feet over the snow and ice. He also took part in the battle of' Delium, Amphipolis and Arguinsal. In these battles he exhibi-ted the same moral courage as at Potidea when he rescued Al-eibiades from the enemy at the peril of his own life. Of the home life of Socrates very little is known. Late in> life he married Xanthippe. Several sons were born to them. Xanthippe's fame as a common scold is proverbial. However, she had much to contend with. Socrates was very seldom at home and did not provide very well for the wants of his family. For days at a time and perhaps for weeks Xanthippe and her hungry children saw very little of Socrates. He was engaged and interested in nothing else than his great philosophic mis-sion. Tradition says that when the needs of the family became too apparent Socrates would make some piece of sculpture and sell it and give the proceeds to Xanthippe to provide for the famished household. Socrates' wants were few and he got the-necessaries of life wherever it was possible. It is very likely that his friend, admirer and pupil, Crito, did much toward sup-porting his family. Perhaps some of the cross things she may 14 THE MERCURY have said to Socrates may be overlooked. It is seen that Socra-tes was more interested in his work than in his home life, as many great men have been. He felt that he had not only a mission to carry out but that God had called him to do this particular line of work. Every-where he came in contact with men. He knew and understood human nature. He was ever ready to question men upon their knowledge of life. He was sincere in his convictions. He loved Athens but he pointed out the wrong views of life her citizens held. He was in the quest of truth and he was ready to learn from every source and he was always willing to impart truth to his hearers. He was practical. He wanted living con-trol with men of action and reflection. Thus he was different from the thought uttered by Wordsworth : "One impulse from a vernal wood May teach you more of man, Of moral evil and of good Than all the sages can." Socrates believed in the divinities which were wworshiped by the citizns of Athens. Every moyning lie offered prayer and sacrifice to the rising sun. He believed that the gods took an active part in the af-fairs of men. From his childhood he claimed to be guided by a voice. He obeyed that voice implicitly and he always listened to be guided by it. This voice he termed the Sai^oviov arj/xilov This voice revealed to him his mission as a philosopher. He be-lieved it to be the voce of God. He was guided by it only in regard to the future actions. Thus Fisher well says: "Socrates asserted the doctrine of theism, and taught and ex-emplified the spiritual nature of religion. It is true that he be-lieved in 'gods many and lords many.'" But he believed in one supreme, personal being, to whom the deepest reverence was to be paid. He taught the truth of a universal Providence. "He was persuaded," says Xenaphon, "that the gods watch over the actions and affairs of men in a way altogether different from what the vulgar imagined; for while -these limited their knowl-edge to some particulars only, Socrates, on the contrary, extend-ed it to all; firmly persuaded that every word, every action, nay THE MERCURY even our most retired deliberations, are open to this view; that they are everywhere present, and communicate to mankind all such knowledge as relates to the conduct of human life." He had only one prayer, that the gods would give him those things that were good of which they alone were the competent judges. \'o service is so acceptable to the Deity as that of a pure and pious soul. With Socrates a new era begins in philosophy. He knew his-, knowledge was limited and he knew how far to proceed and that made him the great man of his age. His influence and power over men was striking. His command was, "Follow me and thou shalt learn." Thus, as Socrates taught and questioned all with whom he came in contact, he started to get at the basic principle of all knowledge. He worked with concrete examples and although many of them were crude and simple, nevertheless they served his purpose. He studied the soul and strove for the improvement of man's moral nature. His method was entirely introspective. Xeno-phon tells us that he endeavored to have his pupils distinguish between "what was pious; what impious; what honorable; what base; what just; what unjust; what wisdom; what folly; what courage; what cowardice;" etc. i6 THE MERCURY SOLDIERLY QUALITIES. MAST HAT HIKES, '08. HOM of men do the people as individuals or as a nation love and revere so mueh while living or pay such honor to when dead as the true soldier ? To the . heart of the small boy in childhood the game which is perhaps the most delightful is that of "playing soldier," and when lie grows older lie reads with admiration of the brave lives of warriors and of the worthy deeds-of knights and, at school lias his taste of hero-worship. What makes the true soldier what he is, what are the qualities which distinguish him 'i If we were to paint our ideal soldier—ideal in every way— the picture would show a man tall, well-built, and impressive, of powerful strength, whose brow shows intellect, and whose eyes though keen are kind and glow with the light of a mighty and noble purpose. The lines in his tanned and weatherbeaten face which is alight with enthusiasm, reveal the strong determination and endurance of the one who overcomes. His whole appear-ance impresses us with his remarkable power in things physical, mental, and moral. He is physically perfect, and, mentally, he is a man of keen-sightedness and wise decision. However these physical and mental traits are not essential for the making of a true soldier. The qualities which are most distinguished as soldierly are the moral ones. One could lie one of the truest soldiers even though not physically or mentally gifted;'for after all the moral battles are the greatest tests. One of the first soldierly qualities to be brought into play is that of patriotism ; however, this must signify devotion to duty. The love of his country leads one to give up much, but not un-less it proves his duty, does the true soldier seek war. There is nothing shallow or fleeting about his patriotism. In the camp the true soldier is distinguished by his honorable-ness. His respect for the cause which is his goal is too great for him to forget himself and his duty. Everything must be con-ducive to the end which he seeks, at least not detrimental to it. The cause is worthy of his risking suffering and death, therefore it is worthy of an upright life. He is truthful and faithful to any trust; holding his honor dearer than his life. When hard- ? 1 i THE MERCURY >7 ships come he is patient and conquers himself so far as to stifle all complaints. He is unselfish, thinking always of others and considering their welfare before his own, even denying himself necessary food at times of short rations in order that another may have a better fare. When he goes to battle he faces the enemy with bravery, not that brute courage which is a "free gift of the gods," but that kind which is inspired by duty, which enables a man to approach the fire though his knees tremble so that he can hardly stand. He fights, not because he hates men, and enjoys felling them, one after another, but because his sense of duty compels him and makes him say with Luther: "Mere 1 stand, I cannot do other-wise." One of the essential characteristics of a soldier in battle is obedience to authority. He must learn to obey without question the one who has the right to command, and this obedience as well as everything else which he does must be prompt and accur-ate. This quality of promptness is, also, a very necessary thing for the soldier, for the delay of a few seconds has often been the cause of the destruction F much life and of heavy losses. The soldier is never at his best unless he has perfect confidence in his commander, for prompt obedience is like the power which naturally springs up under this as the warm spring sunshine.' The true soldier must be a hero doing great deeds if the oc-casion is offered, but doing them always'quietly, unostentatious-ly. He has been brave and he rejoices if he is permitted to go still farther and to give to duty a richer offering, an act of hero-ism. Xext I would mention two qualities whose names when read seem to stand for two extremes, enthusiasm and endurance; for the former seems so full of life and the latter so stolid, almost dead. However the former may impart life to the latter. En-durance is a very essential soldierly quality. Battles are often, indeed nearly always won through the endurance of the soldiers. Enthusiasm is the oil which makes the steady flame of endur-ance grow strong and last as well as excites new energy. The soldier's enthusiasm encourages his comrades to make greater and more effective efforts. Mercy has not generally been associated with the grim coun- THE MERCURY. tenance of Mars, but I believe that the true soldier is merciful. Since he is fighting against a bad cause, not against men, he must be as merciful as possible to his prisoner if he gets control of any, and, in the olden combats, honor forbade the one par-ticipant to strike the other while he was down. Dina Gibson represents in one of his pictures the characteris-tic of the present day soldier, who sits, whole and strong before a veteran of bygone days who had then been deprived of several limbs, recounting with evident relish tales of the terrors he has just experienced, the very recital of which .brings horror to the old man's face. This quality does not belong to the true soldier, as the picture may help to illustrate. A true soldier at home when he tells of the brave deeds of the war invariabty omits, his own share in the glory. The true soldier possesses the quality of modesty—he has done deeds which speak for themselves, he need not boast. So, I have given some of the qualities which are necessary for a true soldier to possess, the qualities which I consider most be-coming to a soldier, and in that sense soldierly. Especially would I emphasize those which may be found in the persons around iis who are fighters in silent battles of which the world seldom dreams. THE MERCURY 19 MY FIRST DAY AS TEACHER IN A COUNTRY SCHOOL. E. E. SNYDEH, '09. XE bright autumn morning, some few years ago, after receiving much good advice from my father and many admonitions from my mother, I set out to walk about five miles to a little country school house to spend my first day as a teacher. It was a beautiful autumn morning; the sun throwing its first firey gleams across a distant eastern mountain, the light of which danced and glimmered on the many colored leaves of the forest through which I passed; the rustling of the corn in the Held just beyond; the noisy chattering of the scolding squirrel; the frequent noisy flight of the quail and pheasant, were enough to arouse one to a more than ordinary interest in the life and beauty about him, but I saw them not, or heeded not, for my thoughts and fancies were all centered on that little white school house which I had never seen. 1 a 1 rived at the school house about 7.30 A. M. and at once began to sum up my duties and to speculate upon my chances for fame amid such surroundings. I found that the school house was situated in an old field partly covered with shrubby pines, locusts, and wild grape vines. It was about two miles to the borne of the nearest pupils and about half a mile from any traveled road. To a more experienced mind the impression would have been anything but favorable, but I was blind to everything unfavorable, and was well pleased with the surround-ings. Taking from my pocket a ring that contained four or five keys I immediately opened the door, and began to examine the in-terior of the school house. I found a room about twenty by thirty feet with one row of desks on each side, and a few others scattered promiscuously around. A slate blackboard ran across the room and immediately in front of this was the teacher's desk and chair. I at once directed my steps thither, sat down on the chair, made a careful survey of the entire room, and felt, for the first time the dignity and power of one in authority. About 8 A. M. the pupils began to arrive; I at once talked to them, and endeavored in every way possiblel to gain their re-spect and friendship. This was not hard to do; for there were 20 THE MERCURY only six of them and they were all bright, mischievous children, four hoys and two girls. When 9 o'clock arrived, we were already fast friends and our real work began. I rang a large bell, which was altogether un-necessary, and once more walked forward to the teacher's desk. After reading a chapter from the Bible 1 attempted to make my opening speech. It was a very brief one, and I was never able afterward to recall what 1 said; but I noticed that the pupils seemed to be getting restless and I thought I had better try some other means of instruction. Accordingly I unlocked a small book-case in one corner of the room and began to distri-bute the books. This, under ordinary circumstances, would have required but a short time; but we spent fully one hour at it, and, by the time we were done, it was time for recess period. After recess we began our class work and the remainder of the forenoon was spent in assigning lessons and arranging a pro-gram. The noon hour was spent gathering chestnuts from some large trees nearby. At 1 o'clock we returned to the school house eager for the afternoon's work. After a series of recita-tions, another recess period and then another period of recita-tions, we found it was time to dismiss, which was immediately done, and my first day's school was over. THE MERCURY OUR NATION'S DANGER. \. 1). SWANK, 1911. United States ! Thou land of lands ! Where once the savage Indian roved. Through forests dense, o'er desert sands, The rude primevial dweller moved. From this vast waste with Time's sure aid, By Culture's and Invention's hands A great republic, grand, was made! And year by year resourceful mines (live forth their rich, unstinted ore. Our fields, our woods of oak and pines, All yield to us their plenteous store ! Our land extends from sea to sea, With plain, broad vale, high hill, rich field, We hold fair isles by us set free, A land which seals and gold doth yield ! Material wealth, abundant ours! But heed ! Success may be a bane, Unless man's soul be pure as flowers And he from guile and greed abstain. Anon comes some calamity, And man is moved by conscious dread, Lest, lacking fellow-amity, Just chast'ning fall upon his head. Take warning from the earthquake's force,. The flood, the dread volcano's fire, That men below have no recourse, ", And cannot flee their Maker's ire. 21 Beware ! Great land, lest thou some day Shouldst sink before material glare, And should'st to gold thy homage pay,, Unlieedful how thy Soul doth fare. Keep us from greed, 0 God, we pray, Let mammon not our actoins sway \ 22 THE MERCURY A VISIT TO SING SING. BY .1908. FEW years ago I had occasion to visit Osining and had an opportunity of visiting Sing Sing Prison. It is unique in more respects than one. Thirteen hundred men breakfast and dine together "in the mess hall, the largest eating room in New York state. The prison workshops turn ont the refuse cans and ash i arts used by the Street Clean-ing; Department of New York City. The mats at the entrance to the Capitol and State House at Albany are made by the pris-oners, and they manufacture the uniforms worn by the officials of the various state institutions. The workshops are hives of industry. They supply every-thing the men wear, from the caps on their heads to the shoes on their feet. 'Hie sheets they sleep on and the quilts that cover them come from the hosiery department. They make the towels that dry their hands and the brooms that sweep the prison floors, Cratches, wardrobes and typewriter desks are manufactur-ed in the cabinet department. The bread they eat, their soup, meat, potatoes and coffee are prepared by prisoners assigned to kitchen duty. Even the classes1 in school are taught by men ce-lected through the head teachers. A chosen few edit and print the prison paper, Star of Hope. The txtiipation of a new prisoner is recorded in the warden's office. He is then assigned to the department in which his tal-ents will be best employed. It is no easy matter for the warden to determine where he shall utilize some of the new-comers. Suppose a trapeze performer or a manufacturer of fireworks should come to the prison. Are they fitted for the mat depart-ment ? What shall be done with a theatrical agent, a coal dealer and an architect ? These are some of the problems that the warden must solve. Places must also be found for letter tamers, hankers, journalists, art dealers, physicians, railroad conductors, insurance agents, musicians, silk merchants, police-men, nurses, messengers, florists, stenographers and grocers. If the new arrival is without a trade or profession he may ehoose his work. The, most popular departments are the knit-ting and hesiery and ihat where the mats arc made. Two Iron- THE MERCURY. 23 dred and thirty-two men are employed in these departments, or nearly a third of the entire number at wort in the different shops. In the mat department the beginner is set at work braiding the rope. The men are seated on chairs and stools, they are in their shirt sleeves, and soon learn to make good head-way. They tie the ends of the ropes to pegs on the wall while the loose mass falls to the floor nea"rby. With a dexterious twist of the hand they braid the rope in a heavy coil, winding it on a piece of wood. The coil goes to another branch of the department and here it is woven over frames into its final form. Bristle mats are also manufactured. The men are seated before upright frames and weave the rope back and forth into the compact form in which the mats are sold. Thousands arc dis-posed each year to the various public buildings throughout the state. One of the most interesting shops is that where the shoes are made. There are eighty-two men in the various sections of the department and they turn out better boots and shoes than are sold in the cities. One set of men makes lasts, while another cuts the leather into shape. In the sewing room the second stage is gone through withjthe men are seated on theeir benches and work as cheerily as if they were in a factory. The room is com-fortably heated and no one wears his coat during working hours. A pleasant effect is gained.by the sunlight which streams in through the windows, lighting np the large room. It has a cheerful influence on the men as they talk and work. Upstairs in the polishing department the shoes receive their final touch, and are then placed in the stock room. The enormous total of 25,000 pairs of shoes, slippers, and boots indicates the fine show-ing of that branch in one year. The clothing department is the noisiest of all the shops. Great piles of clothing are scattered on the tables up and down the room. The material is cut, hemmed and sewn in the'most skillful manner. In another room the hand sewing is carried on. Caps and overcoats are made in addition to suits. The men do all the work, from the handling of the raw bolt of cloth until the finished product is ready. Their own clothing is gray, without stripes if they are serving their first term. Two stripes-close together indicate "second term" men ;three stripes show 24 THE MERCURY. that the prisoner has been in jail twice before. A red bar on the sleeve means that its wearer has one year of good behavior to his credit. Additional bars are added while the mam's record is satisfactory until the fifth year, when he gets a star. That is a mark of confidence, and he gets many privileges which are not granted to those who have disregarded the rufes. He may buy extra tobacco, cigars and the daily pa-pers. Two or three stars are Seen on some of the prisoners sleeves, and the scheme is carried out to the termination of the sentence. More than ordinary interest attaches to the mattress depart-ment. It is in this branch of the prison that a noted convict is at work. He is serving out his life sentence by keeping the books of the shop. He also keeps track of the output of the sash and door department. An allied indiistry is that where the wood carving is carried on. Beautiful examples of what the men have done in that line are shown in the warden's office. Few are aware that there is a prison newspaper, which is en-tirely the product of the inmates. They do all the work inci-dental to the writing of the matter, setting the type and print-ing the paper. There is modem machinery and every facility in tire way of presses and type. It is fittingly named the "Star of Hope," and is a-means of intellectual improvement to a great, many men. They readily admit, it is said, that they have been helped and trained by their efforts to supply contributions,- some of which are particularly interesting. General news items occupy the remainder of the pages. The cleanliness of the kitchen would delight any housewife: The utensils, tables, and floors are as neat as wax. The im-mense ovens are in the rear and in another part of the great kitchen is a long cooking apparatus, with large boiler shaped vessels for making coffee and ovens for roasting meats and po-tatoes. It is no small task to prepare food for 1300 men, and the kitchen force is one of thee largest and most efficient in the prison. For the morning and midday meals the men are marched from their cells and workshops in companies, to the large mess hall. Every one faces in one direction. Fun and laughter is the order cf the meal, and there is no disposition on the part of THE MERCURY. 25 the guards to interfere unduly with the men. The evening meal is at half-past four, immediately after which thee men are lock-ed in their cells. In addition to the plain and wholesome food of the prison, dainties, such as fruit and pastry, are allowed to the trusted inmeates. Their friends may send these in or permission is given them to buy outside the prison walls. On Sunday all work is suspended. At half-past eight the men assemble in the chapel for devotional services. There is a first rate volunteer choir and addresses are made by the chap-lain and visitors. Even the small pipe organ which is used in chapel was made by one of the prisoners and is played by him. It is not an easy matter for a prisoner to escape from Sing Sing Prison for it is well guarded on all sides. The prison is situated on the very edge of the Hudson River which forms a very strong natural hindrance to those who wish to escape in that way. In addition to this there are guard houses on every side of the prison and at each' corner and even visitors are chal-lenged by the guards. A visit to Sing Sing Prison is both interesting and instruct-ive. I write this brief article with the intention of giving you some idea of the way in which the state prisoners are treated. 26 THE MERCURY. SCHEDULED TIME. S. FRANK SNYDEK, '09. BEEMAN HUNT has said, "The best laid plans, the most important affairs, the fortunes of individuals, the weal of nations, honor, and life itself are daily sacrificed because somebody is behind time." The question of time is one of the greatest importance to eacli individual, because our success in life largely depends upon what use we make of the golden moments that have been en-trusted to us. And the question is only to be decided once, as time that is lost cannot be recalled and invested in some other way, but once spent means forever. In this day of competition in every department of life, he who is not upon the scene of action at the scheduled hour has very little chance for success. The merchant who is careless about opening his store at the proper hour in the morning will lose custom. The manufacturer who promises to have a piece of work done for a customer at a certain time and then fails to have it at the time promised must suffer the loss of the custo-mer's confidence and possibly his patronage. To draw an ex-ample of the same principle from our college life, if the profes-sor comes to class more than five minutes after the clock strikes he is almost sure to fail to teach that hour. On the other hand the teachers insist that the students come promptly to each reci-tation at the scheduled hour for at least two reasons: 1st, If the recitation is to be conducted successfully, each member of the class must be present and the work commenced at once. The student that comes in late loses a part of the recitation and also disturbs the class. 2nd, The man who will'be successful in the larger school of life must learn to meet each engagement at the appointed hour. In college is the place to acquire this habit which will contribute so much to success. The successful business man carefully estimates the gain on each dollar that he has invested, so we should carefully estimate the gain that we receive from each hour of invested time. As we study the lives of those men whose names are written high amo^g the heroes of the cr-4!\ wc fr.d *hat b- making the most of time they have been enabled to reach such high attainments. THE MERCURY. 27 Abraham Lincoln by using each golden minute of his early life to an advantage acquired the power of body and mind which enabled him to stand at the head of a great nation and lead it successfully through the dark hours of war. A student being asked by a friend why he did not read more good literature replied, "I have not time." Said his friend, "You have all the time there is." Time is given to everyone alike. But why do some students seem to have time for all kinds of work: athletics, literary society, Y. M. C. A., etc., while others have not. Longfellow explained it when he wrote: "The heights of great men reached and kept Were not attained by sudden flight. But they while their companions slept Were toiling upward in the night." .Some time ago in one of the western cities a man was seen niching down a street at break-neck speed trying to catch a train. You may ask the question did he get there in time. The answer is no. Then you may ask why, was he not going fast enough. And the answer is yes, he was going fast enough, but lie did not start in time. Is this not the frequent experience of everyone? Often when we are rushed with our work, is not the real trouble due to the fact that we have not started in time? The men who have accomplished the most in their lives are they who have recognized the importance of the present, the great principle of the now. It is not for us to worry about the failures of the past or be apprehensive about the future; but get right into the line of duty and fill our place in.life faith-fully day by day. I K E HE RCU RV Entered at the Postoffice at Gettysburg as second-class Matter. VOL. XV GETTYSBURG, PA., OCTOBER 1907 No. 5 Editor in-Chief EDMUND L. MANGES, '08 Exchange Editor ROBERT W. MICHAEL, '08 Business Manager HENRY M. BOWER, '08 Ass't Bus. Managers LESLIE L. TAYLOR, '09 CHARLES L. KOPP, '09 Assistant Editor MARKLEY C. ALBRIGHT, '08 Associate Editors PAUL E. BLOOMHART, '09 E. E. SNYDER, '09 Advisory Board PROF. J. A. HIMES, LITT.D PROF. G. D. STAHLEY, M.D. PROF: J. W. RICHARD, D.D. Published each month, from October to June inclusive, by the joint literary societies of Pennsylvania (Gettysburg) College. Subscription price, one dollar a year in advance : single copies 15 cents. Notice to discontinue sending THE MERCURY to any address must be accompanied by all arrearages. Students, Professors and Alumni are cordially invited to contri-bute. All subscriptions and business matter should be addressed to the Business Manager. Articles for publication should be. addressed to the Editor. Address THE MERCURY, GETTYSBURG, PA. EDITORIALS. Another school year GREETING lms very favorable and promising conditions. To the student body, more especially the new men, the MERCUEY extends its most hearty gjeetings and best wishes. Those of us who have been at school for sonic time can appreciate what great oppor-tunities we have had. Some of us, no doubt, all of us, will have to say, but with regret, tbatwe THE MERCURY. 29 have not used them to the greatest advantage. To some, the college course has meant more than to others simply because those who have received the greatest benefit have been those who have applied themselves most. Let us say at this point to the new men that college is going to mean to them just as much as they make it mean. The whole question rests with each indi-vidual. This observation has been made before, but in our estimation, we feel that it may he used again to advantage. Every man who has the idea that he will receive an education by merely going to college is mistaken. It is true he will receive something that he may call an education bnt the term will have to be considered in a very narrow sense. Anyone with any amount of training will realize that knoyledge is infinite. Let each one of us take an introspective view and see how much we know compared to what it is possible to know. We can think of no suitable comparison. To say it is like a drop of water compared to the ocean is putting it mildly. Realizing that diligent application is going to mean much in our education let us all put forth our best efforts for an excellent training. THE BEGINNING No longer riUI we> tue members of the class OF THE END of 1908, anticipate another year in college; no longer can we rely upon next year to accomplish what we have failed to accomplish during the present year. A few years since we entered these halls with the ambition to do our work well, but the most of us have worked along unconcernedly, car-ing foi the present only, paying but little attention to the past and letting the future take care of itself. But now we are facing the stern realization that we have entered upon the be-ginning of the end of our college careers. There remains but one short year in which to complete our college education. Now is the time to take a retrospective view into the golden past and compare it with the future which, before seemed dim and distant, now looms up before us as something near at hand to be reached only too soon. It has been wisely and justly said that the Senior in college is one who knows and knows that he knows. Above all he should know himself; know wherein he has failed and in what respects his education has been neglected. Let each individual member of the class learn what phase of 3° THE MERCURY. his education he lias slighted and at once make strenuous efforts to accomplish the desired results. Our last year at college is here with a great opportunity. Let us seize upon this opportu-nity with all the vigor and energy that we command. Let us make the last lap "the embodiment of dash and vigor." Com-mencement will soon he a matter of history. Then, shall we recall our college days with a spirit of regret or shall we '-dwell upon memories" of faithfulness and sincerity in our college duties ? Let it be said of noone that he is a college man in name only, and little deserving of the title. THE MERCURY. EXCHANGES. 3i ITH the opening of college we have j>repared our desk to welcome the first numbers of our old friends,"The Exchanges." We hope also to receive many new ones. 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Something has changed in watching post-apocalyptic films in recent years. It is hard to pinpoint exactly when, and what exactly the cause might be, but at some point in the last few years the post-apocalypse has gone from an escapist fantasy to a figure of dread. The increasing rate of global warming leading to fires, droughts, and hurricanes; the ongoing Covid pandemic; and the rise of right wing nationalism has transformed the apocalypse from a subgenre of science fiction to a barometer of fears and anxieties. As Robert Tally argues the sense of the future has changed dramatically over the last decade: utopia has been replaced by dystopia in contemporary fiction and film and post-apocalypse has replaced predictions of a miraculous world of tomorrow. This is another way of addressing Fredric Jameson's old adage that it is easier to imagine the end of the world than the end of capitalism. To which we could add that this imagination is no longer an idle speculation about the future, but immediately lived, as apocalypse seems to inch closer, moving from the distant horizon to the lived present. Perhaps no film illustrates this more than Leave the World Behind a film less about the apocalypse as a distant event than the increasing permutation of apocalyptic fears and anxieties in daily life. Leave the World Behind is a film directed by Sam Esmail that was released on Netflix in December of 2023. It is based on the novel of the same name by Rumaan Alam published in 2020. The film begins when Amanda Sanford (Julia Roberts) makes an impromptu decision to rent a house on Long Island and escape the New York City with her husband Clay (Ethan Hawke) and two children, Archie and Rose. Her decision is predicated as much on a general misanthropy, as Amanda states, "I fucking hate people," as it is on the specifics of their current work and financial situation. Their vacation is an attempt to get away from not just the city, but people altogether. The home they rent is miles from any neighbor or any contact with the world. Over the course of the film isolation goes from being the dream to the nightmare. As the family settles in their rental home they immediately lose WIFI, cable, and cellular phone service, cutting them off from the outside world more than they wanted. Later, when they travel to the beach, an oil tanker runs aground, smashing into the beach. These events do not immediately disrupt their vacation, they endure the first with frustration and watch the second with curiousity, snapping photographs. This changes when late in the night there is a knock at the door, Clay and Amanda open the door to find G.H. Scott (Mahershala Ali) and his daughter Ruth (Myha'la). G.H. introduces himself the owner of the house that they are renting. He explains that they were attending a symphony in New York City when the power went out. They decided to escape to go to their vacation house on Long Island rather than return to their apartment in the city. The very same house that the Sandfords are renting. This leads to an awkward encounter, as owner confronts renter each claiming a right to the house. Because they have only interacted via email, and the entire arrangement of renting the house is through a third party platform, neither group knows or recognizes the other. As G.H., or George, as he prefers to be called, puts it, had they spoken on the phone they would have at least recognized the sound of his voice. Because their relation is mediated through apps and interfaces (Airbnb is implied but never mentioned) they do not know or trust each other even though one party has already exchanged thousands of dollars and the other has let them into their house. The mediation of their relations through technology, house renting apps and email, means that they do not have the base level of trust that could be established through commerce, a fact that is all the more ironic given the intimacy of their mediated relationship, they are sharing the same house. Amanda is initially incredibly distrustful of the Scotts, fearing that they might be trying to run some sort of scam, or worse yet, could be potential child molesters. That George and Ruth are black and Amanda and Clay are white only exasperates the issue. Amanda is for the most part polite enough to mention the issue, but it is implied in her suspicion of George even after he produces a key to the house's liquor cabinet. The distrust in some sense is mutual, later we hear Ruth chastise her father for so readily trusting "white people." The fact that this film is in part produced by Barack and Michelle Obama have led some online to see it as a film fomenting racial division and distrust. This is in part predicated on the longstanding belief on the right that it is mentioning race as a factor of social life that produces racism. However, in the film race is only itself one variant of the general breakdown of social relations. The racial divisions are only a sharper version of what keeps everyone seeking to escape the city and get away from everyone. As the two families bunker down together the events outside of the home get even more strange. All of the events gesture towards a different aspect of a potential apocalypse: the entire communication technology from television to satellite phones seems to collapse; planes drop from the sky and slam into the beach; a drone flies overheard distributing pamphlets that seem to say "Death to America" in Arabic; deer congregate in large numbers in the yard and flamingos arrive in the pool, suggesting that the natural world too is out of balance; a loud sound tears through house, smashing windows; self-driving Teslas smash into each other and pile up on the freeway; and the son, Archie becomes allegedly from a tick bite. Even his sickness takes on strange symptoms, most dramatically a loss of all of his teeth. The logic of the film is more akin to reading the daily paper or following a newsfeed in which there is less an apocalypse than the uneven development of multiple apocalyptic potentials. It is hard to see how these different events constitute one consistent narrative of an apocalypse; instead they seem to gesture towards the multiple possibilities for the world ending, political, technological, and ecological. With each of these events the gathered families discuss theories and speculate about the possible nature of the threat they are facing. It is less a film about a specific vision of social collapse than it is about the inchoate fears of such a collapse. Since the film focuses on the individuals in the house, individuals who are cut off from other social contact, not to mention any source of new or information, we only ever get a limited and partial image of what might be happening in the world beyond the house. What we are left with is just speculation based on very limited and partial information. Without spending too much time on the question of the book versus the movie, it is worth noting that the film never departs from the immediate present of the few days at the rental house. With the exception of the images of the Earth seen from space we never see anything that they do not see. The book which the film is based upon occasionally departs for a sentence or two, cutting forward to tell us that the neighbors die months later in a refugee camp outside of Los Angeles. The book then eventually confirms the reader's suspicions that we are seeing the beginning of a full on pandemic and social collapse. These passages appear in the final sections of the book, the reader eventually learns that they are reading about the beginning of a full on apocalypse in which regular life will never return. This is how the novel recounts Rose, Amanda and Clay's daughter's, visit to a neighbor's house: "She couldn't know, would never know, that the Thornes, the family who lived there, were at the airport in San Diego, unable to make arrangements since there were no flights operating domestically because of a nationwide emergency without precedent, as though precedent were required. The Thornes would never see this house again in their lives, though Nadine, the matriarch, would sometimes dream of it before she succumbed to cancer in one of the tent camps the army managed to erect outside the airport. They'd burn her body, before they stopped bothering with that, as the bodies outnumbered the people left to do the burning."The jump forward and to another context confirms what we have come to expect, that the world as we know it has come to an end. In the film the viewer never knows anything more than the characters, we do not know what will become of them or the world, even as the film gives us more spectacular images of crisis, such as an airplane crashing into the beach. A second major difference is that in the book, the Scott's appearance at the door of the house in the middle of the night happens before any real crisis has taken place. In the novel at this point the only thing that has gone wrong is that the internet does not work, which is hardly a major crisis. In the film the oil tanker runs aground on the first day of Amanda and Clay's family vacation. This not only increases the dread, it confirm the Scott's story that something is very amiss and they are right in seeking shelter. This makes Amanda's suspicion seem all the more anti-social or even racist. The film also proliferates the images of social collapse, adding the drone, and the pile up of self-driving and self-colliding cars on the freeway. There are other differences: Ruth in the book is George's wife not his daughter, and the film introduces Rose's obsession with the television show Friends, a point that will be returned to later. The major difference is how the book and the film utilize the strengths and limitations of their medium to depict the particular situation of dread and uncertainty. The book gives moments of a omniscient third person narrator in a viewpoint that lets us see the enormity of the crisis, letting the reader know what the characters do not, while the film presents more of a spectacle of the crisis, boats, planes, and cars crash and burn, while restricting our viewpoint to the limited knowledge of the central characters. In adapting the story form text to film we see more, we see carnage and explosions, and ultimately know less. The families are not initially in any immediate danger. They have food, water, shelter, even power despite the news of a blackout. The question of what to do is initially an abstract one. It is impossible to know if they should stay in the house or return home. It is hard to know what to do without knowing what is going on. Our daily lives and activities presuppose as their backdrop a world that is as predictable as it is taken for granted. We assume that the internet will work, that stores will be open, and that a house rented through a website will be ours and ours alone. The rationality or irrationality of our actions make sense against the background of a world, or the institutions and structures that shape and define our decisions. When that world becomes uncertain than one does not know how to act. Should one return home to the city, end the vacation, or stay in a place that is safe, stocked with food and has power. It is only Archie's sickness that drives them from the home in search of help. George suggests that they go see Danny, his handyman for help. Earlier Amanda saw Danny at the grocery store stocking up on water and canned goods. He is presented as someone who both knows how to do things, and maybe even knows what is going on. When George and Clay arrive at Danny's house he is less than happy to see them. He advises them to do as he has done, bunker down and protect his family. He admonishes George to do the same, and when George invokes the idea of a neighbor helping a neighbor, of Danny possibly providing medicine to help Archie, they have the following exchange: George, "C'mon now. It's me. We're Friends." Danny, "That's the old way, George. You're not thinking clearly." George, "Danny, What are you saying? You're telling this man not to take care of his son." Danny, "Nothing makes a whole lot of sense right now. When the world does not make any sense I can still do what is rational, which is protect my own." Danny presents himself as the person who has taken stock of the situation and adjusted to the reality of the new world. Although what he offers in terms of theories and explanations, including a reference to Havana Symptom and a Chinese or Russian attack on infrastructure, is not much better than the other speculations that George and Clay offer. His theories maybe more apocalyptic, more extreme in their consequences, but he is still speculating based on limited information. The one thing he does offer, however, is a decisive course of action, one he considers to be rational: protecting his own, protecting property. Friendship, neighbors, social obligations are dismissed as the "old way." The question remains, however, as to what extent this is a new ethos, a new way of living. While the shotgun might be new, "protect my own" has been the dominant mentality, and dominant idea of rationality of everyone in the film so far. From Amanda's vacation plan which begins with the realization "I fucking hate people" to George and Ruth's attempt to go back to their home, everyone is striving to protect their own. Danny's survivalist rhetoric is nothing other than a continuation of the logic of contemporary capitalist society by other means. George and Clay's confrontation with George is intercut with another confrontation; while searching for Rose Ruth and Amanda are confronted by a large, and surprisingly aggressive herd of deer. The deer are intimidating, even menacing, until Rose and Amanda drop their hostility towards each other to aggressively yell back. These two different scenes, one of the theme of man versus man the other as woman versus nature, also define two different ideas of what it means to be rational, everyone for themselves or join together in some act of solidarity. All of which raises the question of the film's title, Leave the World Behind. The phrase is first mentioned as part of the advertising copy for the rental home. It promises an escape from the world. As the film progresses, however, this phrase becomes the central question of the post-apocalyptic culture. At what point should one recognize that normal is not coming back, leave the old world behind, and begin to adapt to a new one. This is one way to make sense of the film's enigmatic, and for some viewers, frustrating ending. Throughout the film, the girl Rose is obsessed with the show Friends. She is watching the show on an ipad as they drive to the rental house. When the internet breaks down she is frustrated in her attempt to watch the final episode, to find closure. It is remarked upon that Rose is obsessed with a show that took place and was filmed before she was born. As Ruth comments on Rose's interest in Friends, "But it's almost... Nostalgic for a time that never existed, you know?" in the final scene of the film Rose ventures to the neighbor's empty house. There she finds their empty survival bunker, a bunker that is stocked with food, water, a greenhouse, and most importantly for Rose, a shelf of DVDs. She finds a boxed set of Friends episodes and finally gets to watch the final episode. Rose gets closure for her particular quest and her closure ends the film. The last image is her face as the familiar theme song begins. It is a fundamentally ambiguous ending. We could interpret this viewing of a final episode as an act of closure of leaving the world of screens and pop culture pleasures behind, preparing for a new world from a new survival bunker. Or we could interpret it in the opposite manner, seeing it as a retreat into precisely the kind of escapist entertainment that have made us all unaware of the mounting dangers, ecological, economic, and political that threaten our world of family vacations and unlimited screen time. It cannot be overlooked that this particular act of closure has to do with not only watching television, but watching a television show that is nostalgia for a world before Airbnb rentals and even before the dissemination of screens, before an acceleration of the isolation of capitalist society. The show's popularity with the generations that have grown up since it aired have as much to do with this nostalgia as they do with its ubiquity on streaming platforms. The object of this nostalgia is perhaps friendship itself. As Ruth says earlier in the film, "But as awful as people might be... nothing's gonna change the fact that we are all we've got." Leaving the world behind is perhaps less a matter of defending one's own than it is recognizing that it is precisely such a logic that destroyed it in the first place. Leaving the world behind is not a matter of giving up all connections to defend one's own, but of finding new forms of solidarity, new connections.

A review article devoted to the book of Andrzej
Blikle – Doktryna jakości. Rzecz o skutecznym
zarządzaniu. As pointed out by the Author,
the book is a case of a work rare on the Polish
publishing market, written by an outstanding
scientist, who successfully runs a business
activity. The combination of practical experience
with theoretical knowledge gave a result
that may be satisfying both for practitioners
as well as theorists, and also those who want
to get to know the ins and outs of an effective
and efficient business management. The Author
of the review believes that it is an important
voice for shaping an inclusive socio-economic
system, which constitutes a value in itself. Although
the book is mainly concerned with
business management, its message has a much
wider dimension and is concerned with real
measures of wealth, money and people's lives.
The book was awarded The SGH Collegium of
Business Administration Award "For the best
scientific work in the field of business administration
in the years 2014-2015".

Andrzej Jacek Blikle Doktryna jakości. Rzecz o skutecznym zarządzaniu (The Doctrine of Quality. On Effective Management) Gliwice, Helion Publishing Company, 2014, p. 546

Introduction

One of the distinctive features of the contemporary economy and contemporary world is a kind of obsession of quantity which is related to thoughtless consumerism, unfavourable to the care for the quality of the work and the quality of the produced and consumed goods and services. It is accompanied by culture (or rather non-culture) of singleness. Therefore, the book The Doctrine of Quality by Andrzej Blikle is like a breath of fresh air.

It is a different perspective on the economy and the model of operation of enterprises, on the model of work and life of people. A. Blikle proves that it can be done otherwise. He proves it on the basis of careful studies of the source literature – as expected from a professor of mathematics and an economist, but also on the basis of his own experience gained during the scientific and educational work, and most of all through the economic practice. In the world governed by the obsession of quantity, characterised by fragility, shortness of human relationships, including the relationship of the entrepreneur – employee, A. Blikle chooses durability of these relations, creativity, responsibility, quality of work and production, and ethics. The Doctrine of Quality is a rare example of the work on the Polish publishing market, whose author is a prominent scientist, successfully conducting a business activity for more than two decades, which has contributed to the development of the family company – a known confectionery brand "A. Blikle". The combination of practical experience with theoretical knowledge gave a result that may be satisfying both for practitioners as well as theorists, and also those who want to get to know the ins and outs of an effective and efficient business management, or develop the knowledge on this topic. In an attractive, clear narrative form, the author comprehensively presents the complexities of business management, indicating the sources of success, but also the reasons and the foundations of failures.

At the same time, he presents these issues with an interdisciplinary approach, which contributes to thoroughness of the arguments and deeper reflections.

Holism, typical to this book, is also expressed in the focus of A. Blikle not only on the economic, but also on social and ecological issues. Here, the author points to the possibility and need of reconciliation of the economic interests with social interests, and the care for the public good. Analyses of this subject are presented using the achievements of many areas of studies, in addition to economic sciences, including mathematics, sociology, psychology, medicine, and others. This gives a comprehensive picture of the complexity of business management – taking into account its close and distant environment.

There are no longueurs in the book, although extensive (over 500 pages), or lengthy, or even unnecessary reasoning overwhelming the reader, as the text is illustrated with a number of examples from practice, and coloured with anecdotes. At the same time, the author does not avoid using expressions popular in the world of (not only) business. He proves that a motivational system which is not based on the approach of "carrot and stick" and without a devastating competition of a "rat race" is possible. The author supports his arguments with references not only to the interdisciplinary scientific achievements, but also to the economic historical experiences and to a variety of older and newer business models.

There is a clear fascination with the reserves of creativity and productivity in the humanization of work. In fact, the author strongly exposes the potential of productivity and creativity in creating the conditions and atmosphere of work fostering elimination of fear of the future. He shows that such fear destroys creativity. It is not a coincidence that A. Blikle refers to the Fordist principles, including the warning that manufacturing and business do not consist of cheap buying and expensive selling. He reminds that Henry Ford, a legendary creator of the development of the automotive industry in the United States, put serving the public before the profit. The Doctrine of Quality is at the same time a book – proof that one of the most dangerous misconceptions or errors in the contemporary understanding of economics is finding that it is a science of making money, chremastics. Edmund Phelps and others warned against this in the year of the outbreak of the financial crisis in the USA in 2008, reminding that economics is not a science of making money but a science of relations between the economy and social life [Phelps, 2008]. Economics is a science of people in the process of management. Therefore, by definition, it applies to social values and ethos. Ethos is a general set of values, standards and models of proceedings adopted by a particular group of people. In this sense, ethos and economics as a science of people in the process of management are inseparable. Detaching economics from morality is in contradiction to the classical Smithian concept of economics, as Adam Smith combined the idea of the free market with morality. He treated his first work, The Theory of Moral Sentiments, as an inseparable basis for deliberations on the nature and causes of the wealth of nations, which was the subject of the subsequent work of this thinker [Smith, 1989; Smith, 2012]. Identifying economics with chremastics would then mean that all actions are acceptable and desired, if their outcome is earnings, profit, money. The book of A. Blikle denies it. It contains a number of case studies, which also stimulate broader reflections. Therefore, and also due to the features indicated above, it can be a very useful teaching aid in teaching entrepreneurship and management.

The appearance of a book promoting the doctrine of quality and exposing the meaning of ethos of work is especially important because today the phenomenon of product adulteration becomes increasingly widespread, which is ironically referred to in literature as the "gold-plating" of products [Sennett, 2010, pp. 115-118], and the trend as "antifeatures", that is intentionally limiting the efficiency and durability of products of daily use to create demand for new products. A model example of antifeature is a sim-lock installed in some telephones which makes it impossible to use SIM cards of foreign operators [Rohwetter, 2011, p. 48; Miszewski, 2013]. These types of negative phenomena are also promoted by the development of systemic solutions aiming at the diffusion of responsibility [Sennett, 2010]. This issue is presented among others by Nassim N.N. Taleb, in the book with a meaningful title Antifragile: How to Live in a World We Don't Understand? The author proves that the economy and society lose their natural durability as a result of the introduction of numerous tools and methods of insurance against risks, but mostly by shifting the burden of risks on other entities [Taleb, 2012]. N.N. Taleb illustrates his arguments with numerous convincing examples and references to history, recalling, inter alia, that in ancient times there was no building control, but the constructors, e.g. of bridges had to sleep under them for some time after their construction, and the ancient aqueducts are still working well until today. So, he shows that a contemporary world, focused on quantitative effects, does not create a sound base for ethical behaviours and the care for the quality of work and manufacturing.

Andrzej Blikle points to the need and possibility of opposing this, and opposing to what the Noble Price Winner for Economics, Joseph Stiglitz described as avarice triumphs over prudence [Stiglitz, 2015, p. 277]. The phrase emphasised in the book "Live and work with a purpose" is the opposition to the dangerous phenomena listed above, such as for example antifeatures.

convincing that although the business activity is essentially focused on profits, making money, limited to this, it would be led to the syndrome of King Midas, who wanted to turn everything he touched into gold, but he soon realised that he was at risk of dying of starvation, as even the food turned into gold. What distinguishes this book is that almost every part of it forces in-depth reflections on the social and economic relations and brings to mind the works of other authors, but at the same time, creates a new context for them.

So, A. Blikle clearly proves that both the economy and businesses need social rooting. This corresponds to the theses of the Hungarian intellectual Karl Polanyi, who in his renowned work The Great Transformation, already in 1944 argued that the economy is not rooted in the social relations [Polanyi, 2010, p. 70]. He pointed to the risk resulting from commodification of everything, and warned that allowing the market mechanism and competition to control the human life and environment would result in disintegration of society. Although K. Polanyi's warnings were concerned with the industrial civilization, they are still valid, even now – when the digital revolution brings fundamental changes, among others, on the labour market – they strengthen it. The dynamics of these changes is so high that it seems that the thesis of Jeremy Rifkin on the end of work [Rifkin, 2003] becomes more plausible. It is also confirmed by recent analyses included in the book of this author, concerning the society of zero marginal cost and sharing economy [Rifkin, 2016], and the analyses concerning uberisation [Uberworld, 2016].

The book of Andrzej Blikle also evokes one of the basic asymmetries of the contemporary world, which is the inadequacy of the dynamics and sizes of the supply of products and services to the dynamics and sizes of the demand for them. Insufficient demand collides with the rapidly increasing, as a result of technological changes, possibilities of growth of production and services. This leads to overproduction and related therewith large negative implications, with features of wasteful economy of excess [Kornai, 2014]. It is accompanied by phenomena with features of some kind of market bulimia, sick consumerism, detrimental both to people and the environment [Rist, 2015]. One of the more compromising signs of the economy of excess and wasting of resources is wasting of food by rich countries, when simultaneously, there are areas of hunger in some parts of the world [Stuart, 2009].

At the same time, the economy of excess does not translate to the comfort of the buyers of goods – as in theory attributed to the consumer market. It is indicated in the publication of Janos Kornai concerning a comparative analysis of the features of socio-economic systems. While exposing his deep critical evaluation of socialist non-market systems, as economies of constant deficiency, he does not spare critical opinions on the capitalist economy of excess, with its quest for the growth of the gross domestic product (GDP) and profits. As an example of the economy of excess, he indicates the pharmaceutical industry, with strong monopolistic competition, dynamic innovativeness, wide selection for the buyers, flood of advertisements, manipulation of customers, and often bribing the doctors prescribing products [Kornai 2014, p. 202]. This type of abnormalities is not alien to other industries. Although J. Konrai appreciates that in the economy of excess, including the excess of production capacities, the excess is "grease" calming down and soothing clashes that occur in the mechanisms of adaptation, he also sees that those who claim that in the economy of excess (or more generally in the market economy), sovereignty of consumers dominates, exaggerate [Kornai, 2014, pp. 171-172], as the manufacturers, creating the supply, manipulate the consumers. Thus, there is an excess of supply – both of values as well as junk [Kornai, 2014, p. 176]. Analysing the economy of excess, J. Kornai brings this issue to the question of domination and subordination. It corresponds with the opinion of Jerzy Wilkin, according to whom, the free market can also enslave, so take away individual freedom; on the other hand, the lack of the free market can lead to enslavement as well. Economists willingly talk about the free market, and less about the free man [Wilkin, 2014, p. 4].

The economy of excess is one of the consequences of making a fetish of the economic growth and its measure, which is the gross domestic product (GDP) and treating it as the basis of social and economic activity. In such a system, the pressure of growth is created, so you must grow to avoid death! The system is thus comparable to a cyclist, who has to move forwards to keep his balance [Rist, 2015, p. 181]. It corresponds with the known, unflattering to economists, saying of Kenneth E. Boulding [1956], criticising the focus of economics on the economic growth, while ignoring social implications and consequences to the environment: Anyone who believes in indefinite growth in anything physical, on a physically finite planet, is either mad or an economist. [from: Rist, 2015, p. 268].

GDP is a very much needed or even indispensable measure for evaluation of the material level of the economies of individual countries and for comparing their economic health. However, it is insufficient for evaluation of the real level of welfare and quality of life. It requires supplementation with other measures, as it takes into account only the values created by the market purchase and sale transactions. It reflects only the market results of the activity of enterprises and households. Additionally, the GDP account threats the socially desirable and not desirable activities equally. Thus, the market activity related to social pathologies (e.g. functioning of prisons, prostitution, and drug dealing) also increase the GDP. It was accurately expressed already in 1968 by Robert Kennedy, who concluded the discussion on this issue saying that: the gross national product does not allow for the health of our children, the quality of their education or the joy of their play. It does not include the beauty of our poetry or the strength of our marriages, the intelligence of our public debate or the integrity of our public officials. It measures neither our wit nor our courage, neither our wisdom nor our learning, neither our compassion nor our devotion to our country, it measures everything in short, except that which makes life worthwhile [The Guardian, 2012].

While Grzegorz W. Kołodko even states that it should be surprising how it is possible that despite a number of alternative measures of social and economic progress, we are still in the corset of narrow measure of the gross product, which completely omits many significant aspects of the social process of reproduction [Kołodko, 2013, p. 44]. In this context he points to the necessity of triple sustainable growth – economic, social, and ecological [Kołodko, 2013, p. 377]. Transition from the industrial civilisation model to the new model of economy, to the age of information, causes a kind of cultural regression, a phenomenon of cultural anchoring in the old system. This type of lock-in effect - described in the source literature, that is the effect of locking in the existing frames and systemic solutions, is a barrier to development. The practice more and more often and clearer demonstrates that in the conditions of the new economy, the tools and traditional solutions turn out to be not only ineffective, but they even increase the risk of wrong social and economic decisions, made at different institutional levels.

All this proves that new development models must be searched for and implemented, to allow counteraction to dysfunctions of the contemporary economy and wasting the development potential, resulting from a variety of maladjustments generated by the crisis of civilisation. Polish authors who devote much of their work to these issues include G.W. Kołodko, Jerzy Kleer, or Maciej Bałtowski. Studies confirm that there is a need for a new pragmatism, new, proinclusive model of shaping the social and economic reality, a model which is more socially rooted, aiming at reconciling social, economic and ecological objectives, with simultaneous optimisation of the use of the social and economic potential [Kołodko, 2013; Bałtowski, 2016; Kleer, 2015]. There is more and more evidence that the barriers to economic development growing in the global economy are closely related with the rooting of the economy in social relations. The book of A. Blikle becomes a part of this trend in a new and original manner. Although the author concentrates on the analyses of social relations mainly at the level of an enterprise, at the same time, he comments them at a macroeconomic, sociological and ethical level, and interdisciplinary contexts constitute an original value of the book.

Conclusion

I treat the book of Andrzej Blike as an important voice in favour of shaping an inclusive social and economic system, in favour of shaping inclusive enterprises, that is oriented on an optimal absorption of knowledge, innovation and effective reconciliation of the interests of entrepreneurs with the interests of employees and the interests of society. Inclusiveness is indeed a value in itself. It is understood as a mechanism/system limiting wasting of material resources and human capital, and counteracting environmental degradation. An inclusive social and economic system is a system oriented on optimisation of the production resources and reducing the span between the actual and potential level of economic growth and social development [Reforma, 2015]. And this is the system addressed by Andrzej Blikle in his book. At least this is how I see it. Although the book is mainly concerned with business management, its message has a much wider dimension and is concerned with real measures of wealth, money and people's lives.

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The debate about Corporate Social Responsibility (CSR) to stakeholders is a fairly lengthy debate in the repertoire of the development of company law. At least there are two fundamentally different views to interpret the corporate social responsibility.The views, Firstly, cling to the belief that the concept of corporate social responsibility is counterproductive in the business world. According to Milton Friedman, a corporation are naturally only have a goal to generate economic objectives for shareholders. A prominent liberal economics is very pessimistic and tend to oppose any attempt to make the company as a social purpose. Furthermore, in Capitalism and Freedom (1962) Milton Friedman clearly states that in a free society there is one and only one social responsibility of businesses that utilize the company's resources and engage in activities that aim to maximize profits. If this goal is achieved by the company, it actually functions, and corporate social goals have been achieved, namely to improve the welfare of society.The doctrine of the social responsibility in business, damage the free market economic system.Acknowledging social responsibility that will lead to an economic system leads to the direction of the economic plans of the Communist Countries. In the writings, published in the New York Times Magazine on September 13th, 1970, with the title: "The Social Responsibility of Business is to Increase Its Profits". This reasoning is supported by Joel Bakan, which teaches that if the company gives some of its profits to the community, the company has violated his nature. Business sustainability can take place in the long term if the company is able to provide an answer to the needs of stakeholders and give them what they need.Second views, with the increasing importance of the role and position of all stakeholders in the Good Governance management of the company, and surely, the second thought, extremely gave rise to the contradicts of the first view. The second view was expressly acknowledged the existence of corporate social responsibility towards stakeholders. R. Edward Freeman in, "A Stakeholder Theory of the Modern Corporation", offers an alternative to the theory of Friedman. On the view Freeman, Friedman wrong to assume that the main task is the company's executive moral fiduciary issue to their shareholders and that in fulfilling this obligation they act socially responsible. Freeman takes issue with dissention of opinion and the opinion: 1 "That the company's managers have a duty to all groups and individuals who own shares (a stake) in or claim on the company (Freeman refer to groups and individuals as 'stakeholders'); 2 That there was no stakeholder groups should be given primacy over the other when the company mediate the competition claims of stakeholders; and 3 That company law should be changed to require executives to manage their enterprise in accordance with the principles of the theory of stakeholders, namely, Freeman stated that the executive should be notified (legal / official) to manage their company in the interests of their stakeholders ". Regardless of whether the stakeholder management leads to improved financial performance, managers must manage the business for the benefit of all of stakeholders. It looked at the company rather than as a mechanism to improve the financial returns of stockholders,but as a vehicle for coordinating of stakeholders interests and view management as having a fiduciary relationship not only for shareholders, but for all of stakeholders. According to the normative of stakeholders theory, management must give equal consideration to the interests of all stakeholders, while a conflict of interest, to manage the business so as to achieve the optimum balance between them. This, of course, implies that there will be a time while management is obliged to at least partially sacrificing the interests of the stockholders to those of other stakeholders.In line with this thinking, John Hasnas,stated that "management's fundamental obligation is not to maximize the firm's financial success, but to Ensure its survival by balancing the conflicting claims of multiple stakeholders." John Elkington in Cannibal with Forks: The Triple Bottom Line Twentieth Century Business (1997) says that if a company wants to remain sustained, then he needs to consider not only the interests of the shareholders (profit), but also must pay attention to the welfare of the people which were in it and around (peoples) and environmental sustainability (planet). Stakeholder theory states that the basic duty of management is not to maximize the financial success of the company, but to ensure its survival by balancing the conflicting demands of various stakeholders. The Company shall be managed for the benefit of stakeholders, customers, suppliers, owners, employees, and local communities.The rights of these groups must be ensured and, further, the group must participate, in some sense, in decisions that substantially affect their welfare. Apart from the conceptual debate about the Corporate Social Responsibility (CSR). CSR in Indonesia has been acknowledged.Article 88, Law No. 19 of 2003 on State-Owned Enterprises (SOE Act), firmly establish the SOEs can set aside part of its profits for the purposes of development small businesses, cooperatives and community development around the SOE. Then, Act No. 40 Year 2007 on Limited Liability Companies, Article 74, confirms the existence of Corporate Social Responsibility in Limited Liability company in Indonesia. In fact, Article 74 is more advanced conceptually by putting social and environmental liability in limited liability company as a social mandatory, not just a moral and ethical responsibility. Article 74 has a power that can be enforced against a limited liability company to implement social and environmental liability. Shifting the paradigm of the management company which is intended only to the interests of shareholders (profit) in the direction of the management of the company, to consider the interests of all stakeholders, and environmental interests, assessed constitutional by theConstitutional Court on legal considerations in the Constitutional Court Decision 53 / PUU-VI / 2008, is explained, That the Indonesian economy system as set forth in Article 33 of the 1945 Constitution: The economy shall be organized as a common endeavour based upon the principles of the family system. Sectors of production which are important for the country and affect the life of the people shall be controlled by the state. The land, the waters and the natural riches contained therein shall be controlled by the State and exploited to the greatest benefit of the people. That understanding individualistic and liberalism in the economy was not fit, even contrary to economic democracy embraced by the nation of Indonesia. Earth, water and natural resources contained in it not only for the prosperity of the few entrepreneurs who have capital, but rather for the prosperity of the people. The economy as a joint venture, not only between employers and the state, but also collaboration between employers and the community, especially the surrounding community. Genuine concern of employers on their social environment will provide a secure business environment for the surrounding community feel cared by the employer, so it will strengthen the fabric of the relationship between employers and society. Based on the Decision of the Constitutional Court concluded that the Good Governance management company solely devoted to the interests of shareholders, are not in accordance with democratic principles adopted by the State Indonesian economy. Good Governance Management companies must instead be directed to the welfare of the people of Indonesia. Therefore, companies must be managed with due regard to the interests of all stakeholders, no exception labor / employees of the company. Thus, the management of the company to consider the interests of all stakeholders not only a moral responsibility of the company, but it is mandate in the company law. Oriented company management efforts to improve the welfare of all stakeholders, including workers / employees of the company is the embodiment of company's contribution to the mutual obligations between the government and the business community to improve the welfare of the community. Implementation of the Good Governance management company, for the benefit of stakeholders, did not specifically aimed at corporate responsibility efforts to improve the welfare of employees. Article 74 of the Limited Liability Company Law does not specifically direct the implementation of corporate social responsibility to the interests of employees. However, it does not mean that the discussion of social regulation of corporate governance efforts directed at improving the welfare of the employees concerned becomes unimportant. The ambiguity of Article 74 of the Limited Liability Company Law actually cause the position of employees as part of an internal stakeholders or primary stakeholders of the limited liability company grow weary and still received less attention.On 4th April 2012, the Government enacted Government Regulation No. 47 of 2012 on Social and Environmental Responsibility Company Limited. As the implementation of Article 74 of the Limited Liability Company Law, Government Regulation 47 of 2012 is focused on regulating the use of a limited liability company expense budget has been earmarked as the cost of social and environmental responsibility.However, this rule did not set out clear, the allocation of the budget, the amount of the budget and the subject use of the budget. Thus, it would be difficult to expect the implementation of this government regulation to improve the lives and welfare of labor as the company's internal stakeholders. Therefore, regulation of corporate governance is to realize the efforts to improve the standard of living and welfare of labor is still very necessary.The discussionabout the need forlegislationthatdirects the corporate governance management toimprove the lives and welfare of labor is still relevant and very important thing to do. At least there are some very basic reason the importance of the discussion of the need for legislation that directs thecorporate governance management to improve the welfare of labor in Indonesia, namely: First, Corporate Governance (CG) management that gives attention to efforts to improve the lives and welfare of employees / workers / labor is not a concern in the legislation governing the company in Indonesia. Legislation current regulating corporate governance is still dominated by the interests of employers in optimizing capital or capital to develop other businesses in order to generate profits and shareholder value. Although social and environmental responsibility has been used as a mandatory under Article 74 of the Limited Liability Company Law, but its application in the narrow scope led to the implementation of social and environmental responsibility under Article 74 of the Limited Liability Company Law is not very significant in efforts to improve the lives and well-being of the company workforce. Law governing companies, such as Act No. 40 of 2007 on Limited Liability Companies Act No. 19 of 2003 on State Owned Enterprises, Act No. 25 Year 2007 on Investment and Act No. 8 of 1995 on the Capital Market is more focused on efforts to the creation of a conducive business climate as a requirement that the business community in Indonesia can compete to face an increasingly competitive global competition. In other words, the main interest underlying the legislation was the interests of shareholders.Public welfare, including welfare of the workers, do not become a major priority of the legislation. Where noted, Article 43 paragraph (3) Limited Liability Company Law paves the way for efforts to improve the status and welfare of employees through the issuance of new shares that are specifically intended for employees. Through Article 43 paragraph (3) that, it is possible to elevate the position of the employees become shareholders through the Employee Stock Ownership Plan (ESOP). However Thus, the implementation of Article 43 paragraph (3) is highly dependent on the generosity of its shareholders through the Annual General Meeting(AGM), because after all if General Meeting of Shareholders does not decide that the issuance of new shares is specifically intended for the benefit of employees, the new shares shall first be offered to existing shareholders, or better known as the pre-emptive right. Basically some aspects of corporate governance related to efforts to improve the welfare of the employees as one of the stakeholders can be the rationale, for example: Protection of interests of employees, in various corporate action such as a merger, consolidation, acquisition, and spin-off companies, bankruptcy and liquidation of the company; efforts to increase the value and dignity of employees through improving the status of workers / employees become owners / shareholders as ESOP (Employee Stock Ownership Plan, Profit Sharing etc), is an effort to increase that bipartite collaboration are mutually beneficial. Secondly, the setting of corporate social responsibility as stipulated in Article 74 of the Limited Liability Company Law, did not provide a strong emphasis on the use and size of the CSR fundfor efforts to improve the lives and welfare of employees as internal stakeholders. Article 74 of the Limited Liability Company Law and its implementing regulations as stipulated in Government Regulation No. 47 of 2012 on Social and Environmental Responsibility Company Limited is only intended to regulate the use of budget CSR General Meeting of Shareholders approved the Work Plan and Budget (CBP).Article 74 and its implementing regulations have not sufficiently regulate the practices of companies devoted to the interests of stakeholders, including workers / employees that are outside the company's CSR program budgeted. Article 74 and its implementing regulations are focused on the use of budget CSR for the benefit of local communities and the environment. The fate of the workers / employees still beyond the reach of Article 74 of the Limited Liability Company Law Jo. Government Regulation no. 47 in 2012. Thirdly, the accommodation is not enough on Principles of ISO 26000 as the standardization of CSR in the Limited Liability Company Law. For example, about 7 Principles of ISO 26000: ISO 26000 principles namely: 1. Community development; 2. Consumers; 3. Practice Institution healthy activities; 4. Environment; 5. Employment; 6. The Human Rights; 7.Organization Governance (Government Organization) Fourth, the welfare conditions of laborers / workers / employees which still a concern in Indonesia. Labor / Workers / Employees or more popular as workers have extremely significant contribution in supporting the Indonesian economy. Besides as a driver of economic state, workers also became one of the major strengths in building civilization. Labours or workers who drive the economic sectors under which incidentally has a tremendous contribution to the State's economy and to balance the savior even balance the State's economic growth. Ironically a very major role and importance is not getting an adequate appreciation of the government and the business world. Wages received by workers / employees are not comparable / insufficient to meet real needs. When compared with the speed of the increase in the cost of "running" while wages "going nowhere" no increase or even just suffered a setback.Of the Central Bureau of Statistics as overview in 2006 for simple decent life in Jakarta, someone has to spend between Rp 1.5 million to Rp 2 million per month for the purposes of daily life. Compared then to the local minimum wage in Jakarta which only Rp 950.000, - It is clear that it is impossible worker / laborer can live decently. Other data illustrate the inequities of life of workers / laborers are presented in the research of AKATIGA. Government efforts to create a conducive investment climate and invite as many foreign and domestic investors to encourage government to implement two basic strategies namely run low wage policy and apply the principles of liberalization, flexible and decentralized in matters of employment.The low wages of workers / labor, used as an attraction to invite investors.Investment Coordinating Board (BKPM) includes wage / cheap labor in Indonesia, the minimum limit of the highest labor costs in Java (Rp. 1.3344 million, - per month - USD 147 per month) is still lower than the wages of workers in Thailand (USD 240 per month), even if the wages in Java are raised 50%.Labor wages is used as a negotiating tool in the management of the automotive component industry in Indonesia with Trade Unions is the main attraction of Indonesia to invite investors. Further explained that political cheap labor has proven to create life difficult labor because the average value of the minimum wage in Indonesia Rp 892.160, - only afford about 62.4% of real expenditures of workers / laborers. Fifth, handed efforts to improve the welfare of employees through legislation in the field of employment was inadequate. During this time, the problem is always delivered on labor welfare legislation in the field of employment. As described above, that the cheap labor led to the welfare of workers / laborers which not feasible. It is proved that the issue of lifting the standard of living and welfare of the workers / laborers can not be left solely to the legislation in the field of employment.Efforts to improve the standard of living and welfare of the workers / laborers need to be supported by the corporate governance management system which can support the improvement of the standard of living and welfare of workers / employees, either in the form of optimal utilization of corporate social responsibility and stewardship corporate governance rules, which can support the improvement of the standard life and welfare of the workers / employees. Sixth, the limited liability company law can be used as an instrument for efforts to improve the welfare of employees through corporate governance management arrangements that can improve the lives and well-being of employees. Thus, despite the existence of legislation in the field of employment, legislation governing its managed stylist, for example the Limited Liability Company Law, the Law on Enterprises, Investment Law, Capital Market Law and its implementing regulations can be used as an instrument to direct more attention to the behavior of the company interests of stakeholders, including workers / employees.IiIn such a context, the role of the State through the Government as law makers is necessary, so that the problems of workers welfare / employees are not solely left to the market mechanism with the argument of economic liberalization and globalization. In addition to the government party, the Company is a good alternative receptacle to resolve the problem, because the company provides a receptacle mutual benefit to work, learn, gain experience fitting, both in levels: Employee, Self-employed, Employer, and Investor (ESEI). Under conditions of the wise, the state described as a referee in a football game. He had no right to strike or hold the ball. That needs to be done is for the football game is running smoothly and there is no cheating. Is this value has been realized? And how it is with the role of the entrepreneur as the manager of the largest natural resource? The reality is that entrepreneurs can not immediately meet the standards of stakeholders, so that what is referred to as welfare is commensurate discourse. From the first, issues workers / employees being widely reported, but from the beginning anyway this issues is not resolved, resulting in gaps. To note in common, is that one of the drivers in the business in the last decade of this century in addition to the profitability of an investment in the form of people.

Dear readers, authors and reviewers,As usual in RESI's issues, vol. 9, n. 2, brings papers from authors from many different institutions. This time, the authors of the ten papers come from eleven different universities. This provides clear evidence of the journal's spread of reach and capilarity. What calls the attention now is the fact that three of the papers were submitted in English, although there are Latin Americans among their authors. There are at least five other papers going through the review process right now that were also written in English in spite of their authors being native speakers of Portuguese or Spanish, which increases or perception that there is a trend towards that.RESI's editors consider this a very positive movement, because it increases the visibility of the journal among a broader audience. The fact that RESI pioneered the adoption of DOAJ, now the leading indexer of open access academic journals in the world, and that it started using DOI to identify its issues and papers prior to most other Latin American journals demonstrate our concern in providing more visibility to the research that is carried out in Latin America. Of course, publishing papers in English will make that effort more effective. RESI intends to become a connection hub between our scientific community and that of the Norther Hemisphere. Therefore, papers in English will always be very welcome.In spite of that, we would like to stress our commitment with the publication of sound research developed in Portugues or Spanish, because that is essential for the integration of ibero-american researchers, something which still needs a lot of promotion. We should also highlight that issues involving information systems many times have a relevant cultural component that needs to be addresses by researchers that are familiarized with local realities and generate results that can be discussed with local authorities and society in general. And that is, surely, easier to do using the national language of those concerned. We shouldn't be happy to only import technologies that were developed in "the developed world" (no matter what that means!) adapting them to our local problems without a thorough reflection on their capacity, or even usefulness, in solving them.Therefore, at the same time we celebrate the interest and the courage of our authors to try and express themselves in a foreign language, in order to increase the visibility of their work, we will always be open to papers written by authors in their native language, if we have the technical conditions to review it properly, which currently only happens to Portuguese, Spanish and English. After all, an electronic journal such as RESI can provide international visibility for those who seek it, while also creating a democratic environment for the discussion of local issues with those who have a particular interest on it, which may be less effective if not done in the national language of the stakeholders.Having this reflection been made, we invite our authors, reviewers and readers to keep this "caotic" diversity of languages, perspectives and ideologies which have always characterized the University and now call attention to the papers that comprise this issue, which will be briefly presented in the next few paragraphs:The first paper, "Information systems graduate education and research in Brazil", written by Renata Mendes de Araujo and Márcio de Oliveira Barros, opens this issue with an important issue to all of those involved with graduate education in the Information Systems' field, which is the way we are forming the next generations of researchers in our maters and doctorate programs. In this paper, the authors report their experience in consolidating their graduate school at Unirio. The paper is addressed to researchers that deal with IS from an informatics perspective, but could also interest those who see IS from a managerial perspective.Lisiane Barea Sandi and Amarolinda Zanela Saccol show their concern with the way our society is assimilating new technologies, highlighting the fact that, in spite of the obvious benefits, there are also reasons for concern. In " Information overload due to the adoption of mobile and wireless information technologies and its consequences to sales professionals" the authors use an exploratory survey with 75 sales professionals, trying to analize the impacts of mobile telephony on their quality of life."The influence of managerial work determinants on the perception of fitness between technology and task: an exploratory study" is the work developed by Débora Bobsin, Monize Sâmara Visentini and Mauri Leodir Löbler, where they try to contribute to the understanding of information systems as tools to support the activities that are expected to be carried out by managers in organizations. The authors conclude that the more experience managers have with information systems, the more they consider that technology can affect his/her tasks. Also, the more access a user has to a system, the more he/she perceives the fit between technology and task.In "Motivation to create free and open source projects and how decisions impact success", Carlos Denner Santos Jr. and Kay M. Nelson propose a theoretical model that helps assess the reasons that lead an organization to get involved in open software development projects, so that, in the future, such projects can have their success evaluated in a more objetive way. This is an interesting complement to another paper the first author had published at Revista de Administração de Empresas, v. 50, n. 4, late in 2010.In "Engagement or friendship? The perspective of customers and suppliers about business relationships in the software sector", Rita de Cássia de Faria Pereira, Carlo Gabriel Porto Bellini and Fernando Bins Luce use a very original approach (interviews of pairs of customers-suppliers in the software industry – 14 dyads) to analyze issues concerning their relationships (commitment, trust, adaptation, cooperation, and communication) and contextual factors that may amplify or moderate those attributes (uncertainty, interdependence, and the existence of alternative suppliers).Edimara Mezzomo Luciano, Leandro Pilatti, Maurício Gregianin Testa and Ionara Rech deal with the use of COBIT framework to improving management processes of outsourced activities for both involved companies. The paper's title is " Applicability of COBIT in managing outsourced information technology activities: an investigation based on two multinational companies".Perceiving the influence of information technologies on the way companies organize themselves and coordinate their activities with those of customers and suppliers, Dayane Mayely Silva de Oliveira and Max Fortunato Cohen (UFA), carried out a literature review and mapped 21 technologies that facilitate the integration of production processes and emphasize the collaboration among autonomous organizations. This is reported in: "IT use along the supply chain in conjunction with the major management collaboration techniques".Problems involving information security increase as companies integrate their processes and systems to those of their business partners by means of computer networks. Concerned with that, Alexandre dos Santos Roque, Raul Ceretta Nunes and Alexandre Dias da Silva developed, in their paper "Proposition of a dynamic model for managing security information on industrial environments", a dynamic model for information security management, in which interaction, cooperation and motivation (of upper-management, supervisors and workers) are emphasized in order to meet the new demands of information security management: responsibility, trust and ethics.In an environment of activity/process integration of organizations and their business partners and huge information flow among the interested partiesas discussed in a previous paper in this issue (see Oliveira and Cohen), it becomes essential to adopt information security policies to make sure that information is always available to those who need it and do not fall in wrong hands. Leonardo Guerreiro Azevedo, Diego Alexandre Aranha Duarte, Fernanda Baião and Claudia Cappelli developed a set of criteria and a method to assess tools for management and execution of authorization rules for the access and use of information systems, applying them to a real situation at Petrobrás, one of the leading oil companies in the world, which they discuss in "Evaluating tools for execution and management of authorization business rules".Finally, the paper "Requirements and wished features for software testing tools: a study based on the use of SQFD", authored by Ismayle Sousa Santos, Rodolfo S. Ferreira de Resende, Pedro Alcântara Santos Neto and Clarindo Isaias P. da Silva e Padua presents the adaptation of QFD (Quality Function Deployment), a Quality technique developed originally for industrial products, to sortware development. By means of intelligent argumentation and detailing of all necessary steps for implementing the methodology, the authors make it easy for the reader to understand its possible use in the new field and contribute for its dissimination among the software developers. I wope you all have fun reading the papers in this issue!Alexandre R. GraemlEditor ; Prezados leitores, autores e revisores,O volume 9, número 2, como tem sido usual nas edições da RESI desde a sua fundação em 2002, é marcado pela diversidade geográfica dos seus autores. Desta vez, há onze instituições representadas entre os autores dos dez artigos publicados. Isto evidencia a abrangência e capilaridade deste periódico, agora com a contribuição de autores de seis estados brasileiros: Amazonas, Minas Gerais, Piauí, Rio de Janeiro, Rio Grande do Sul e São Paulo, além de um norte-americano, do estado de Illinois, nos Estados Unidos. Mas o que chama mais atenção, e talvez já demonstre a preocupação dos autores brasileiros e latino-americanos em aumentar a visibilidade internacional da sua produção, é que três dos dez artigos ora publicados foram submetidos à revista em inglês. Há pelo menos outros cinco artigos de autores de língua espanhola ou português em análise no momento, para eventual publicação em edições posteriores da revista, o que reforça a percepção de que existe uma tendência nessa direção.Os editores da RESI consideram essa iniciativa louvável. O fato de a RESI ser o periódico brasileiro há mais tempo no DOAJ, o principal indexador de revistas de acesso livre no mundo, e de dispor de DOI para todos os artigos publicados nos últimos anos, individualmente, demonstra a nossa preocupação em dar visibilidade à pesquisa realizada na América Latina e para que isso ocorra mais eficazmente devemos começar a explorar mais o idioma inglês, não só no abstract, como sempre foi feito, mas também no corpo dos nossos trabalhos, sempre que possível. O esforço de internacionalização da revista, que pretende ser o principal fórum de discussões da área na América Latina, mas também um meio de conexão da nossa comunidade científica com os pesquisadores do Hemisfério Norte, deve ir nessa direção. Por isso, são muito bem vindos os manuscritos em inglês.Apesar disso, gostaríamos de reforçar nosso comprometimento com a publicação de bons textos em português ou espanhol, porque eles são essenciais para a maior integração dos pesquisadores ibero-americanos, que ainda precisa ser muito fomentada. É importante lembrar que as temáticas de sistemas de informação estão (e em alguns casos deveríam ser ainda mais!) relacionadas a questões culturais que precisam ser exploradas na pesquisa de autores que estejam familiarizados com as realidades locais envolvidas e gerar resultados de pesquisa que possam ser discutidas com agentes governamentais e a comunidade local, algo que, seguramente, ocorre de forma facilitada no idioma nacional. Não basta importarmos tecnologias dos "países mais desenvolvidos" (o que quer que isso signifique!) adaptando-nos a elas sem uma reflexão sobre sua capacidade, ou mesmo utilidade, na solução dos nossos problemas, considerando que foram desenvolvidas em outro contexo e, possivelmente, para outros fins.Por isso, ao mesmo tempo que festejamos o interesse (e a coragem!) dos nossos autores de se utilizarem de idioma estrangeiro para tornar sua pesquisa mais visível no exterior, em uma atitude nítidamente expansionista, também queremos deixar claro que a RESI sempre estará aberta e acolherá com carinho os trabalhos escritos no idioma original do seu autor, desde que tenhamos condições técnicas de avaliá-lo competentemente, o que hoje ocorre para o português, o espanhol e o inglês. Afinal, uma revista eletrônica como a RESI pode fornecer grande visibilidade internacional para aqueles que a procuram, mas também um espaço de discussão democrático que possibilite a comunicação dos seus autores com a sociedade, principalmente nos casos em que houver questões culturais e sociais importantes em discussão, o que pode ficar prejudicado se não no idioma nacional.Feita essa reflexão inicial e o convite para que mantenhamos sempre a "caótica" diversidade de idiomas, de perspectivas e de ideologias que caracteriza a Universidade, gostaria de chamar a atenção de todos para os artigos que compõem essa edição, brevemente descritos a seguir:O primeiro artigo, "Information systems graduate education and research in Brazil", de Renata Mendes de Araujo e Márcio de Oliveira Barros, ambos da Unirio, abre essa edição da RESI discutindo um tema muito importante para os pesquisadores que estudam Sistemas de Informação no Brasil, que é a forma como estamos preparando as novas gerações de pesquisadores em nossos programas stricto sensu. No artigo, os autores relatam a experiência de sua instituição na consolidação de um curso de pós-graduação na área. O trabalho é mais voltado para programas com origem na informática, mas encontrará leitores também entre aqueles que estudam as tecnologias de informação a partir de uma perspectiva de negócios.Lisiane Barea Sandi e Amarolinda Zanela Saccol, da Unisinos, demonstram sua preocupação com a forma como a sociedade está se apropriando das novas tecnologias, salientando que, além dos óbvios benefícios, há também questões preocupantes, que precisam ser discutidas. Em "Sobrecarga de informações geradas pela adoção de tecnologias da informação móveis e sem fio e suas decorrências para profissionais de vendas" as autoras se utilizam de uma survey exploratória com 75 profissionais da área de vendas, procurando analisar os impactos do telefone celular sobre sua qualidade de vida."A influência dos determinantes do trabalho gerencial na percepção do ajuste entre a tecnologia e a tarefa: um estudo exploratório" é o trabalho de Débora Bobsin, Monize Sâmara Visentini e Mauri Leodir Löbler (UFRGS e UFSM), em que procuram contribuir para o entendimento dos sistemas de informação como ferramenta de suporte para a execução das tarefas que compõem o papel do gestor na organização. Os autores concluem que quanto mais aumenta a experiência do indivíduo com os Sistemas de Informação, maior o ajuste percebido por ele, entre a tecnologia e a tarefa que executa. Da mesma forma, quanto maior o acesso do usuário ao sistema, maior o ajuste percebido entre tecnologia e tarefa.Em "Motivation to create free and open source projects and how decisions impact success", Carlos Denner Santos Jr. e Kay M. Nelson (USP e Southern Illinois) propõem um modelo teórico que ajuda a avaliar o que leva uma organização a se envolver em projetos de desenvolvimento de software livre para que, no futuro, seja possível avaliar com mais propriedade o sucesso dessas iniciativas. Trata-se de um complemento interessante a outro artigo publicado recentemente pelo primeiro autor na RAE (v. 50, n. 4, out/dez 2010).Em "Namoro ou amizade? A visão de clientes e fornecedores sobre relacionamentos de negócio no setor de software", Rita de Cássia de Faria Pereira, Carlo Gabriel Porto Bellini e Fernando Bins Luce (os três primeiros da UFPB e o último da UFRGS) adotam uma abordagem bastante original (entrevistas com 14 díades cliente-fornecedor do setor gaúcho de software - 28 empresas ao todo) para analisar aspectos relacionados ao relacionamento entre essas empresas (comprometimento, confiança, adaptação, cooperação e comunicação) e fatores contextuais que podem influenciá-los (incerteza, interdependência e disponibilidade de fornecedores alternativos).Edimara Mezzomo Luciano, Leandro Pilatti, Maurício Gregianin Testa e Ionara Rech (todos da PUC-RS) analisam a forma como a adoção do framework do COBIT pode auxiliar no aprimoramento dos processos de gestão das atividades terceirizadas, tanto pela empresa terceirizada quanto pela que terceiriza o serviço. O título do artigo é: "Aplicabilidade do Cobit na gestão de atividades de tecnologia da informação terceirizadas: uma investigação com base em duas empresas multinacionais".Percebendo a influência cada vez mais intensa das tecnologias da informação sobre a forma como as organizações se organizam para a produção e agregação de valor, Dayane Mayely Silva de Oliveira e Max Fortunato Cohen (UFA), fazem um levantamento bibliográfico sobre o fenômeno, mapeando 21 tecnologias que facilitam a integração de processos produtivos e incentivam a colaboração entre empresas autônomas. Isto é relatado em: "Os usos da TI ao longo da cadeia de suprimentos e em conjunto com as principais técnicas colaborativas de gestão".Os problemas relacionados à segurança da informação aumentam, na medida em que as empresas se informatizam e integram seus processos aos de parceiros de negócios por meio de redes de computadores. Preocupados com isso, Alexandre dos Santos Roque, Raul Ceretta Nunes e Alexandre Dias da Silva (UFSM) desenvolvem, em seu artigo "Proposição de um modelo dinâmico de gestão de segurança da informação para ambientes industriais", um modelo dinâmico de gestão da segurança da informação em que a interação, a cooperação e a motivação das pessoas (alta-gerência, chefes e funcionários) são priorizadas para atender os novos requisitos da gestão da segurança da informação: responsabilidade, confiança e ética.Em um cenário de integração das atividades das empresas com parceiros de negócios e grande fluxo de informações entre elas, conforme discutido inclusive em outro artigo dessa edição (ver Oliveira e Cohen), torna-se essencial que se adotem políticas de segurança da informação, para garantir que ela esteja sempre acessível àqueles que precisam e devem ter acesso a ela e não caiam em mãos indesejadas. Leonardo Guerreiro Azevedo, Diego Alexandre Aranha Duarte, Fernanda Baião e Claudia Cappelli (todos da Unirio) desenvolvem um conjunto de critérios e um método para avaliação de ferramentas para gestão e execução de regras de autorização para o acesso e utilização de sistemas, aplicando-os ao caso real da Petrobrás, conforme relatado em "Evaluating tools for execution and management of authorization business rules".O artigo "Requisitos e aspectos técnicos desejados em ferramentas de testes de software: um estudo a partir do uso do SQFD", de Ismayle Sousa Santos, Rodolfo S. Ferreira de Resende, Pedro Alcântara Santos Neto e Clarindo Isaias P. da Silva e Padua (a primeira da UFPI e os demais da UFMG) apresenta uma adaptação ao desenvolvimento de software da ferramenta QFD (desdobramento da função qualidade), tão defendida pelos guros da qualidade para aplicação a processos industriais. A argumentação inteligente e o detalhamento dos passos a serem executados na implementação da metodologia facilitam a compreensão do seu uso pelo leitor e contribuem para a sua divulgação entre os informáticos. Desejo a todos uma ótima leitura!Alexandre Reis GraemlEditor

Author's introductionBy reflecting on violence in its many manifestations this course is intended to problematize youth's relationship to violence. Not only will it underscore how and why violence is perpetrated by young people, but, perhaps more important, how young people are affected. Students will reflect on how violence impacts and enters their own lives – sometimes in very inauspicious ways. Much of what counts as entertainment is laden with, and centres on, violence. For example, Grand Theft Auto is a popular video game wherein game players assume the role of a wannabe gangster whose rise though the criminal underworld is predicated upon his thieving and murderous efficiency. Similarly, the movie Never Back Down follows a young male as he attempts to fight his way into the vaunted inner circle of his high school's 'in' group. Marred by and revered for his reputation as a 'tough guy', the protagonist is forced, in a contradiction that only makes coherent sense in the context of the pervasive violent masculinity which buoys the film, to fight his way clear of this foul reputation.Human intersections with violence are undeniably and unexpectedly complicated. We are fascinated and our lives are directly affected by violence regardless of proximity. Significantly, violence – both the Hollywood version and that which is 'real'– affects each and all. Fears of violence, whether they are informed by official statistics, crime‐based dramas, the 6 o'clock news or reality television, contour our existence in very definite ways. Our temporal and spatial movement through urban space, our understandings of law and governance strategies, our relations with 'others'– significant and otherwise – are conditioned by tangential, lived, experienced and witnessed violence. It alters our way of being, where we choose to live, and how we conduct, protect and entertain ourselves. No one is immune. Human experience is contoured irrevocably by violence.At issue is our inconsistent and contradictory relationship to youth violence. Parents applaud young people's violence – especially their sons'– as they 'duke it out' on the football field and in the hockey arena and urge them to 'get' or 'kill' the other team. At the same time, young people are overrepresented as victims of violence – especially our daughters. This course provides an opportunity to explore and analyze how youth [and] violence is braided into the fabric of Western culture.Starting points/learning objectives1What follows are issues students should consider and meditate on throughout the term. I encourage readers to introduce them at the beginning of the semester and return to them several times throughout. They may also be used to frame study questions and as a course summary.

What is violence?
Why is there such growing concern about youth violence?
What role does the media play in our understanding of youth violence?
How are youth gangs perceived?
What is the relationship between youth and violence?
What is the connection between masculinity(ies) and violence?
How does Western culture champion and, at the same time, abhor youth violence?
What are 'solutions' to youth violence?
What role can youth play in this process?

Author recommendationsHannah Arendt, 1970, On Violence. New York, NY: Harcourt Brace.Following her tumultuous experiences of living through the Second World War and student protests of the 1960s, Hannah Arendt penned her reflections on violence. She famously writes that, 'Violence can always destroy power; out of the barrel of a gun grows the most effective command, resulting in the most instant and perfect obedience. What never can grow out of it is power' (53). She maintains that even though power and violence may hold phenomological elements in common, they are in fact opposites: 'where the one rules absolutely, the other is absent. Violence appears where power is in jeopardy, but left to its own course it ends in power's disappearance' (56). Arendt develops this line of argument later in the book and concludes that, 'Every decrease in power is an open invitation to violence – if only because those who hold power and feel it slipping from their hands ... have always found it difficult to resist the temptation to substitute violence for it' (87). For Arendt, worlds (both individual and global) become irrevocably altered through incidences of violence. She writes, 'the practice of violence, like all action, changes the world, but the most probable change is to a more violent world' (80). Arendt's reflections occasion an opportunity to reflect not only on interpersonal violence, but perhaps more important, state violence.Fearnley, Fran (ed.). 2004. I wrote on all Four Walls: Teens Speak Out on Violence. Toronto, Canada: Annick.How do youth experience violence? This collection contains the captivating stories of nine affected youth whose voices narrate experiences of being victims and instigators of violence. Their stories evidence the complexities of violence. They demonstrate how a great deal of slippage exists between the categories of victim and offender. Instead of being clear cut, the spellbinding tales evidence how the line separating the violent and the victim is often blurred. Most striking about this collection is the demand that adults listen to youth's voices. Tragically, youth are too often the objects of social regulation and academic discourse without being its authors. This collection forces the reader to consider what role, if any, youth voices may play in the amelioration of violence.Loeber, Rolf and David P. Farrington (eds.). 1998. Serious and Violent Juvenile Offenders: Risk Factors and Successful Interventions. Thousand Oaks, CA: Sage.Co‐edited by Rolf Loeber and David Farrington, this impressive collection offers innovative and insightful essays centring on the aetiology and trajectory of violent youth. This report of the Office of Juvenile Justice and Delinquency Prevention's focus group on serious and violent offenders asks the reader to reflect on well‐worn assumptions. Instead of attending to single and static causal explanations of youth violence, the authors identify significant risk and resiliency factors. Collectively, the 17 chapters argue for more proactive responses to youth violence that attend to the complexity of juvenile development. The authors maintain that effective reforms and interventions can be implemented only when predictable assemblages of risk and protective factors are isolated. This volume of essays is impressive for the surfeit of data on risk and resiliency.Messerschmidt, James. 2000. Nine Lives: Adolescent Masculinities, The Body and Violence. Boulder, CO: Westview Press.No list of recommended readings on violence would be complete without at least one of James Messerschmidt's splendid books. In addition to Nine Lives, his Masculinities and Crime and Flesh and Blood are equally impressive. Tying these works together is the author's insistence that masculinities are at the centre of any coherent understanding of violence. Equally important to Messershmidt's work in Nine Lives is his use of the 'life history method'; which involves 'appreciating how adolescent male violent offenders construct and make sense of their particular world, and to comprehend the ways in which they interpret their own lives and the world around them' (5). For Messerschmidt, the world of boys is saturated with violent images that provide a rather limited cultural script through which to define manhood and manliness. Instead of prizing sensitivity and empathy, this hegemonic masculinity rewards (among other destructive qualities) toughness. The significance of this book lies in how Messerschmidt underscores the gendered meaning of violence in the world of nine boys.Sheridan, Sam. 2007. A Fighter's Heart: One Man's Journey Through the World of Fighting. New York, NY: Grove.A scarred man dripping in blood emblazons the cover of Sam Sheridan's book. Taken after one of his professional fights, the image captures the gaze while it repulses the mind. Sheridan's work takes the reader through the preparation and training of the violent body. The interested are catapulted into the world of fighting for sport and the intense and somewhat bizarre physical and, perhaps more important, psychological preparations fighters undertake to do violence to an other. In this book, Sheridan takes the reader on a journey through the life of a professional fighter and along the way provides insight into the corporeality of violence. Sheridan writes, 'Fighting is not just a manhood test; that is the surface. The depths are about knowledge and self knowledge, a method of examining one's own life and motives. For most people who take it seriously, fighting is much more about the self than the other' (337). While the other books I have recommended seek to stand at a distance from violence and describe the physical, psychological and spiritual construction of the violent body from a safe vantage, Sheridan's book dives head first into the masculine phenomenon.Zimring, Franklin. 1998. American Youth Violence. New York, NY: Oxford University Press.With fantastic media claims of a looming youth violence crisis and equally unreasonable governmental policy responses as the backdrop, Franklin Zimring's book offers a sober(ing) reflection. While the author finds media representations of juvenile violence particularly troubling, he considers the aggressive governmental response exceedingly incongruent with the scope of the problem. Wild media depictions of marauding youth criminals and equally pugnacious governmental responses has contributed to an ethos of intolerance manifest in an increasingly punitive juvenile court. After a systematic and careful analysis of juvenile court data and existing state policy, Zimring concludes that youth violence is a problem that requires a more level‐headed approach than is evidenced in escalating incarceration rates and reactionist policy.Zizek, Slavoj. 2008. Violence. New York, NY: Picador.Like Arendt, Slavoj Zizek implores the reader to think more critically and widely about the meanings of violence. Enjoining his characteristic psychoanalytic cunning bolstered by Marxist sagicity, Zizek maintains that violence embodies three overlapping and bouying configurations: subjective, objective and systemic. Through the lens of popular and not‐so‐popular movies and jokes, he suggests that our myopic preoccupation with subjective violence (interpersonal) obscures more insidious forms of systemic violence (committed by capital as intrinsic to the cost of doing business). Engrossment in subjective violence not only allows the systemic forms to go on (relatively) undetected, but to fester. Zizek's book demands that the reader assume a more panoramic stance when posing questions about violence.Course assignmentAdvertising campaign to end violenceIn groups or individually, students act as the creative marketing team for the mayor who is intent on curbing violent youth crime.Instructions

Select a category of violent youth crime for which you would like to create an advertising campaign (e.g. gang violence; dating violence; assault; sexual assault/rape & etc).
For your selected issue, create an advertisement in any media (i.e. poster; newspaper/magazine spot; radio ad (60 sec.); television spot (90 sec.); Public Service Advertisement (PSA, 20 min.); Youtube message (2 min.); newspaper insert; billboard & etc.). You must describe the location/place where the campaign will be found (i.e. which newspaper? During what television show(s)?, etc.).
In addition to your advertisement, you are required to submit a 7 to 10‐page paper that provides the theoretical and intellectual background to your advertising campaign (drawing on at least seven sources). The paper will outline the nature of the selected violent crime problem and explain how the campaign will manage or curb its incidence. Elements of your paper will include: clear introduction and conclusion; clear identification of the major factors involved in the issue; familiarity with the relevant literature; clear organization of the material and arguments; and critical analysis (i.e. What are the limitations of your approach).
You will be given 10 minutes during a town‐hall meeting held during the last week of classes to pitch your campaign to the mayor and alderpersons (aka the class). You must explain why your approach will prove effective and ultimately receive the mayor's endorsement.
Effective Advertising campaigns will be attractive, memorable, clear and creative. A useful example can be found at: http://www.gov.ab.ca/acn/200706/216833FE9BEF6‐0ECF‐81D6‐01A4883EC4C04B71.html
Supporting media: http://www.aglc.gov.ab.ca/pdf/social_responsibility/cage_poster_one_stepped_toe.pdf http://www.aglc.gov.ab.ca/pdf/social_responsibility/cage_poster_five_asked_dance.pdf
You must submit and justify the budget for your campaign. The price tag must be in‐line with potential return.

Recommended films and videosA number of outstanding videos on the topic of youth violence now exist, and I use a number of these throughout the course. In addition to films, I use a variety of additional media forms (i.e. websites, newspaper articles and television news) and guest speakers (i.e. Former gang members, juvenile justice professionals, street kids) that encourage critical thinking. Three films that I find particular useful are: Tough Guise–http://www.mediaed.org/videos/MediaGenderAndDiversity/ToughGuiseTeaching guide: http://mediaed.org/videos/MediaGenderAndDiversity/ToughGuise/studyguide/html Gang Aftermath–http://www.nfb.ca/collection/films/fiche/?id=54450 A Clockwork Orange–http://www.imdb.com/title/tt0066921/Useful websitesFight Violence.net –http://www.fightviolence.net/Ihuman –http://www.ihuman.org/Jackson Katz – 10 Things Men Can do to Prevent Gender Violence –http://www.jacksonkatz.com/wmcd.htmlPromoting Relationships and Eliminating Violence (PREVnet) –http://prevnet.ca/Public Health Agency of Canada – Dating Violence –http://www.phac‐aspc.gc.ca/ncfv‐cnivf/familyviolence/html/femdatfreq_e.htmlThe Youth Restorative Action Project –http://yrap.org/Youth Violence: A Report of the Surgeon General –http://www.surgeongeneral.gov/library/youthviolence/Sample course outlineSection 1 –Introduction to the courseThe first class(es) are intended to provide students with an overview of the course. The starting points/learning objectives outlined above provide a useful entry.Section 2 –What is violence?Providing conceptual clarification of the main concept under consideration is essential before proceeding too far into course content. This section reflects on how violence is defined (and left undefined) in philosophy, law, and criminology. Students will be asked to meditate on the limitations of each approach and to query whether violence can ever be justified and, if so, how.Section 3 –How much violence?Citizens are concerned about violent crime and are impressed by what crime statistics reveal. However, official statistics reveal only those cases which come to police attention or, more specifically, where police arrest a suspect for committing what the criminal code determines to be a violent offence. Understandably, not all violent crime is reported to police. Criminologists refer to the remainder as the dark figure of crime. It follows that crime scholars and statisticians can never be certain they have captured all the crime – violent or otherwise – that is committed in a particular society. When official statistics and media reports are the sole means employed to construct the public face of violence, victimization remains obscured. 'Not on the public's radar in the ethos of school shootings and high profile stabbings is that youth are the most likely victims of violence. Indeed, when the focus of the public's ire is set against a (perceived) rise in violent crime';2 victimization (i.e. bullying, dating violence, and, but not limited to, sexual assault) becomes an almost irrelevant aside to statistics. This section of the course provides an opportunity to shift the locus of debate from sensational media accounts to the complexities involved in youth violence.Section 4 –Understanding Violence and the Violent Offender?For what reasons do youth act violently? Since expert opinion varies widely, the answer you receive to this question will depend greatly on to whom it is posed. With particular attention paid to gender (especially masculinity), this section surveys various explanations of violent youth behaviour.Section 5 –Violent VictimizationYouth are typically overrepresented as victims of violent crime. This section of the course considers why this seems to be the case. It also surveys different forms of violent victimization including: racial violence, bullying, dating violence and sexual assault. Students will be asked to consider the most likely perpetrators of these crimes.Section 6 –The Culture of ViolenceViolence pervades Western culture. Nowhere is this more obvious than in the mass media. Movies, video games, sports, music videos and television programmes all contain heavy doses of violence. This section of the course confronts the violent images many take for granted. An attempt is made to juxtapose simulated violence with 'real‐life' violence and ponder what renders the former (more) acceptable while the latter is (almost) universally condemned. Through an examination of violence in media (movies, video games, etc.) and sport (hockey, football and mixed martial arts) students consider what our relative acceptance of these forms of violence reveals about Western society.Section 7 –Regulating and Managing ViolenceFear of violence has prompted individuals to respond in very direct ways to the prospect of victimization (i.e. buying pepper spray, purchasing burglar alarms, avoiding a particular area of town after dark). They have also demanded that their governments impose the most austere punishments on violent offenders and enact increasingly intrusive legislation. Bootcamps, chain gangs, the strap and, of course, incarceration have been advanced in the fight against violence. Canada's ruling Conservative party has recently pressured the Senate to speed up their deliberations over their proposed Tackling Violent Crime Act; which boasts a number of measures intended to satiate demand from a fearful public.Questions to consider in this section of the course include: Why has state intervention proven relatively ineffective? What innovative programs exist 'outside' of the state? To what extent does the amelioration of violence depend on the creation and widespread acceptance of a more tolerant and less aggressive masculine ethic? What role can youth play in preventing violence?Section 8 –ConclusionThe final section provides an opportunity to reflect on course themes by returning to the learning objectives and starting points outlined above. It is also an opportunity to move forward. If all agree that youth violence is indeed a problem, we must ask what we (each and all) are willing to do toward its amelioration. In the meantime we need to ask difficult and uncomfortable questions while assembling creative means of positively improving the situation many young people face. This means going beyond interventions that replicate the status quo to considering what a more just and humane world would look like.Notes
* Correspondence address: Department of Sociology, University of Alberta, 5‐21 H.M. Tory Building, Edmonton, AB T6G 2H4, Canada. Email: bryan.hogeveen@ualberta.ca.

1 Starting Points are adapted from Minaker and Hogeveen, Youth, Crime and Society: Issues of Power and Justice.

2 Hogeveen, Bryan. 2007. 'Youth (and) Violence.' Sociology Compass. ½: 463–484. ReferencesHogeveen, Bryan 2007. 'Youth (and) Violence.' Sociology Compass ½: 463–84.Minaker, Joanne C. and Bryan Hogeveen 2008. Youth, Crime and Society: Issues of Power and Justice. Toronto, Canada: Pearson.

INDICE CAP.1 Premessa 1 DALLA RESPONSABILITA' DEL MEDICO ALLA RESPONSABILITA' SANITARIA 1. La responsabilità in generale 2 2. Responsabilità civile, contrattuale ed extracontrattuale 3 3. La responsabilità medica 9 4. La responsabilità del medico 10 5. La responsabilità della struttura sanitaria 12 6. Il sistema a doppio binario 14 7. La "spersonalizzazione" del rapporto 17 8. Il problema della responsabilità del medico dipendente dalla struttura 19 CAP. 2 RESPONSABILITA' CONTRATTUALE ED EXTRACONTRATTUALE 1. Il problema della distinzione dell'ambito applicativo delle regole sulla responsabilità 25 2. Lo stemperarsi dei profili di differenza 36 3.L'incremento dei punti di contatto 37 4. La zona grigia tra illecito e contratto 41 CAP.3 LA NATURA DELLA RESPONSABILITA' DEL MEDICO DIPENDENTE DALLA STRUTTURA SANITARIA 1. La tesi della natura extracontrattuale 46 2. La tesi della natura contrattuale 50 3. La tesi della responsabilità contrattuale da contatto sociale 56 4. Evoluzione giurisprudenziale dopo le S.U. della cassazione e consolidamento della tesi della responsabilità contrattuale da contatto sociale 72 CAP.4 LA NATURA DELLA RESPONSABILITA' DEL MEDICO DOPO LA LEGGE BALDUZZI 1. La ratio della legge e il contesto socio-economico nel quale si inserisce 79 2. Problematiche inerenti l'art.3 87 3. Ricadute dottrinali e giurisprudenziali 98 BIBLIOGRAFIA 111 1. Giurisprudenza di legittimità 116 2. Giurisprudenza di merito 118 CAP.1 DALLA RESPONSABILITA' DEL MEDICO ALLA RESPONSABILITA' SANITARIA Premessa. La presente tesi si propone di affrontare la responsabilità civile del medico approfondendo uno dei profili più dibattuti, la natura della responsabilità, che è stata anche oggetto del predetto intervento normativo. A tal fine nel primo capitolo verrà trattato il passaggio dalla responsabilità del medico alla responsabilità sanitaria, facendo attenzione ai profili evolutivi della dottrina e della giurisprudenza, con uno sguardo rivolto alla spersonalizzazione del rapporto medico-paziente; nel secondo capitolo l'attenzione sarà rivolta alla natura della responsabilità, cercando di definire le linee di confine e le varie problematiche inerenti la prestazione medica; nel terzo capitolo verranno esaminate le varie tesi a supporto della diversa configurazione della natura della responsabilità del medico dipendente dalla struttura sanitaria e infine nell' ultimo capitolo verrà posto l'accento sul contesto socio-economico della legge Balduzzi e le varie problematiche inerenti l'art. I poteri riconosciuti al privato che si ritiene danneggiato dall'altrui condotta spaziano dalla tutela per equivalente alla tutela in forma specifica, previo riconoscimento del suo diritto. 2. Responsabilità civile, contrattuale ed extracontrattuale. Volendo delineare le caratteristiche, o meglio il presupposto principale, alla base della responsabilità civile, vediamo che quest' ultimo si sostanzia nell' esistenza di un "danno risarcibile". L'opera di Sacco confutò la tesi dell' identificazione tra ingiustizia del danno e lesione di un diritto soggettivo assoluto, mostrando le varie sfaccettature che può assumere in pratica il requisito dell' ingiustizia del danno, al di là della lesione del diritto della vittima. Schlesinger invece contrastò l'impostazione tradizionale affermando che l'atipicità stessa dell' illecito, portasse l'istituto della responsabilità civile, al di là della protezione dei diritti assoluti . Basti pensare all' interesse del contraente che quando entra in un rapporto contrattuale non pretende solo la prestazione che è oggetto del contratto ma ha interesse anche a non subire pregiudizio alla propria persona e alle proprie cose che indirettamente entrano automaticamente nella stessa prestazione contrattuale. A mio avviso emblematico è a tal riguardo il caso del medico dipendente che, pur essendo legato alla struttura da un rapporto di lavoro, avente ad oggetto il suo obbligo di prestazione medica, si trova esposto ad una molteplicità di rischi e pericoli legati proprio allo svolgimento della sua prestazione. In passato la responsabilità medica si declinava come responsabilità del medico, ponendo al centro del giudizio la colpa professionale dello stesso sul cui accertamento veniva basata la responsabilità solidale di medico e di strutture; oggi, la responsabilità sanitaria è innanzitutto responsabilità della struttura sanitaria e porta alla ribalta l'attività di assistenza sanitaria e con essa il rispetto dei livelli di qualità e appropriatezza clinica delle prestazioni sanitarie oltre che degli standard organizzativi e strutturali , . Oggi si parla sempre più correntemente di responsabilità medica o medico-sanitaria per sottolineare che alla responsabilità del singolo professionista si aggiunge quella della struttura sanitaria o ospedaliera presso la quale il medico presta la propria attività. Al di là della terminologia, il mutamento più significativo si è realizzato nella disciplina della responsabilità sempre più complessa e articolata tanto che si è parlato di un nuovo sottosistema della responsabilità civile . Nell' arco di qualche decennio, come vedremo si è passati dall' affermazione della natura extracontrattuale della responsabilità al principio del concorso ed infine alla natura schiettamente contrattuale. 4.La responsabilità del medico. In origine la responsabilità medica nasce e si afferma come responsabilità professionale del medico. La cornice normativa era composta da poche norme di portata generale sulla responsabilità civile(artt.1218 e 2043 c.c.) ed una norma di parte speciale che, dedicata alla responsabilità del professionista intellettuale(artt.2236 c.c.), si trova nell'ambito della disciplina del contratto d'opera professionale . Nell' evoluzione giurisprudenziale la responsabilità medica è stata declinata come responsabilità sanitaria di medici e strutture che ha dato luogo alla creazione da parte dei giudici di regole di responsabilità solo modellate sull' atto medico. Si è arrivati infatti a dare autonomia al "fare organizzato" della struttura rispetto al "fare professionale" del medico. Nell' ottica dell' attività di assistenza sanitaria, di cui è debitrice la struttura nei confronti del paziente, non si può più parlare di somma delle prestazioni dei singoli medici. L'opera creativa della giurisprudenza ha dapprima cercato di definire questo "contatto sociale", che da essere considerato la fonte di meri obblighi di protezione senza obbligo primario di prestazione diviene fonte di un "contratto di fatto" sulla base del quale è possibile individuare in capo al medico un obbligo di prestazione ; successivamente cercando di assimilare e ricondurre all' obbligo di prestazione da parte del medico quell' obbligo di assistenza sanitaria di cui è debitrice la struttura, sulla base del contratto stipulato con il medico. Nel panorama dei soggetti operanti nel settore sanitario si iscrivono anzitutto le Aziende Unità Sanitarie Locali, costituite dalla legge di riordino del sistema sanitario nazionale, sono aziende con personalità giuridica pubblica e autonomia imprenditoriale, che operano mediante atti di diritto privato, e che sono vincolate al rispetto del principio della economicità della gestione e alla redazione del bilancio d'esercizio, rimanendo in ogni caso soggette al potere di controllo delle Regioni(art.3) . n. 502/1992. La natura contrattuale della responsabilità della struttura sanitaria sia pubblica che privata, nei confronti del paziente, è oggi pacificamente condivisa da dottrina e giurisprudenza, non semplicemente sulla base della stipulazione di un contratto. Alla luce di tali considerazioni parrebbe preferibile una definizione della natura della responsabilità dell'istituto di cura in termini di responsabilità ex lege: la struttura sanitaria, ai sensi della legge 833/1978, è , infatti, legislativamente obbligata allo svolgimento dell'attività di "assistenza medica", con la conseguenza che il non corretto esercizio della stessa costituirebbe inadempimento di una obbligazione legale. Il sistema cd. a " doppio binario", costituisce il periodo intermedio dell'evoluzione dottrinale e giurisprudenziale dell'intera disciplina, nel quale alla responsabilità della struttura sanitaria si riconosceva origine contrattuale, mentre a quella del professionista si attribuiva natura aquiliana. In capo al medico gravava solo una responsabilità extracontrattuale, per violazione dei doveri inerenti alla professione, ex 2236 cod. civ., concorrente con quella contrattuale dell' ente. Un doppio binario in cui incanalare la responsabilità aquiliana del medico e quella contrattuale della struttura come responsabilità solidali in cui al medico era riconosciuta la possibilità di valersi di un beneficio di preventiva escussione della struttura sanitaria ogniqualvolta esso sia in grado di dare prova di una "non grave violazione" delle regole desumibili da protocolli scientifici, linee guida, raccomandazioni . Se la qualificazione extracontrattuale della responsabilità di quest'ultimo appariva corretta sul piano metodologico, al contempo risultava troppo riduttiva: ravvisare, infatti, nel medico un "quiusque de populo"significava non tenere conto del rapporto che si instaura direttamente tra quest'ultimo e il paziente . Inoltre, veniva a determinarsi un concorso improprio tra responsabilità aquiliana del medico e contrattuale dell'ente con conseguente bipartizione del regime giuridico applicabile, nonostante la responsabilità dell'ente avesse matrice unica ed esclusiva nell'esecuzione non diligente o errata della prestazione sanitaria da parte del medico. A questo punto era utile definire quando si conclude il rapporto contrattuale tra ente e paziente; secondo l'impostazione tradizionale , è la stessa accettazione del paziente ai fini del ricovero o di una visita ambulatoriale a segnare la conclusione del "contratto d'opera professionale" tra il paziente e l'ente ospedaliero, il quale assume a proprio carico, nei confronti del paziente,l'obbligazione di svolgere l'attività diagnostica e la conseguente attività terapeutica, in relazione alla specifica situazione patologica del paziente preso in cura. A questo rapporto contrattuale il medico rimane del tutto estraneo, venendo ad instaurarsi con il malato solo un rapporto "giuridicamente indiretto". Di qui la conclusione che "la responsabilità del predetto sanitario verso il paziente per il danno cagionato da un suo errore diagnostico o terapeutico è soltanto extracontrattuale, con la conseguenza che il diritto al risarcimento del danno spettante al paziente nei confronti del medico si prescrive nel termine quinquennale stabilito dall'art. La "spersonalizzazione" del rapporto che intercorre tra medico e paziente va di pari passo con l'evoluzione dell'attività medica. Proprio sulla figura del "malato" infatti e non più sulla cura della "malattia" dovrebbe concentrarsi il lavoro del medico e di tutti gli altri operatori sanitari. 8. Il problema della responsabilità del medico dipendente dalla struttura La responsabilità del medico verso l'ente è strettamente legata al tipo di rapporto che intercorre tra i due soggetti, mentre sostanzialmente irrilevante è la natura pubblica o privata della struttura. I problemi in merito alla responsabilità del medico alle dipendenze della struttura muovono dal non sempre agevole inquadramento di quest'ultimo all' interno del complesso iter organizzativo che vede il coinvolgimento di altre figure sanitarie e di altri fattori interni come apparecchiature e l'erogazione di servizi ad essi correlati. A questo punto analizziamo il caso in cui, il medico, nello svolgimento del suo incarico, provochi un danno al paziente. Quest'ultimo potrà agire in giudizio nei confronti del datore di lavoro del medico, struttura pubblica o privata, in quanto il suo rapporto è con l'istituzione, alla quale è ricorso, in base alla disciplina della responsabilità contrattuale; A sua volta l'istituzione convenuta in giudizio, può rivalersi civilmente con l'azione di regresso ai sensi dell' art. 2055 c.c. :" Responsabilità solidale.- Nel dubbio, le singole colpe si presumono uguali", nei confronti del proprio dipendente per i danni che sia stata costretta a risarcire al terzo, danneggiato in conseguenza della colpa professionale del medico, così pure può chiamarlo nel processo ove è citata in giudizio. Tornando, solo brevemente al quantum di diligenza richiesto al medico dipendente dalla struttura, la norma di riferimento è l'art. 2104 del c.c., che recita:"Diligenza del prestatore di lavoro.- Altrettanto emblematico si rivela poi il percorso giurisprudenziale in tema di qualificazione della responsabilità del medico operante in una struttura sanitaria, infatti in tale settore si è registrato un progressivo abbandono della prospettiva extracontrattuale, ritenuta inappropriata in quanto l'assenza di un contratto non può determinare una variazione del contenuto dell' obbligo del medico che rimane pur sempre quello di cui all' art. 1176 secondo comma c.c. Il fondamento normativo della responsabilità del singolo operatore è individuato prevalentemente nell' art. 28 Cost., anche se non mancano riferimenti all' art.1228 c.c. . Medico ed ente sarebbero legati da un contratto di cui il paziente è terzo beneficiario , da ciò discende la sua possibilità di attivarsi contrattualmente anche nei confronti del medico per far valere la non diligente esecuzione della prestazione . In una posizione a se si colloca la sentenza della Corte di Cassazione n. 589 del 1999 che propone un nuovo approccio alla problematica mediante il ricorso alla teoria dell' obbligazione senza prestazione basata sul rapporto contrattuale di fatto o da contatto sociale tra medico e paziente . L'attività del medico incide su di un bene costituzionalmente garantito (art.32 Cost.) ed, inoltre, il medico è vincolato al rispetto di una disciplina deontologica particolarmente pregnante . CAP.2 RESPONSABILITA' CONTRATTUALE ED EXTRACONTRATTUALE 1.Il problema della distinzione dell'ambito applicativo delle regole sulla responsabilità. La differenza tra responsabilità contrattuale e responsabilità extracontrattuale si basa su una diversità strutturale che pone la prima in esito alla violazione di un obbligo funzionale alla realizzazione del diritto e la seconda in esito alla lesione tout court di un diritto . Si pensi al mancato rispetto del vincolo ad attuare il trasferimento del diritto nei contratti ad efficacia reale. Il primo secondo cui:"L' accettazione del paziente nell' ospedale, ai fini del ricovero oppure di una visita ambulatoriale, comporta la conclusione di un contratto d'opera professionale tra il paziente e l'ente ospedaliero, il quale assume a proprio carico, nei confronti del paziente, l'obbligazione di svolgere l'attività diagnostica e la conseguente attività terapeutica in relazione alla specifica situazione del paziente preso in cura ". Siccome a questo rapporto contrattuale non partecipa il medico dipendente, che provvede allo svolgimento dell' attività diagnostica e della conseguente attività terapeutica, nelle vesti di organo dell' Ente ospedaliero, la responsabilità del sanitario verso il paziente per il danno provocato da un suo errore diagnostico o terapeutico è soltanto extracontrattuale; immediata conseguenza quindi è che il diritto al risarcimento del danno, spettante al paziente nei confronti del medico, si prescrive nel termine quinquennale. Un secondo, più recente, orientamento faceva, invece, rientrare la responsabilità del sanitario in ambito contrattuale, assumendo che detta responsabilità, così come quella dell'ente, avrebbe "radice nell'esecuzione non diligente della prestazione sanitaria da parte del medico dipendente, nell'ambito dell'organizzazione sanitaria. Pertanto, stante questa comune radice, la responsabilità del medico dipendente sarebbe, come quella dell'ente pubblico, di natura professionale" . Detto inquadramento tende, peraltro, ad appiattire ed omologare la responsabilità della struttura a quella del medico; infatti, se da un lato dava importanza al contratto stipulato tra paziente e struttura, tanto da "attirare" nel regime contrattuale anche l'operato del medico, dall'altro individuava, quale unica fonte di danno, l'eventuale comportamento imprudente/negligente del professionista, così trascurando tutte quelle altre possibili cause di danno derivanti dall' inadempimento, da parte dell' ente, di obbligazioni di cui solo quest' ultimo è debitore (es. igiene, controllo dei macchinari, organizzazione del personale). Si deve peraltro segnalare che la Suprema Corte era giunta al riconoscimento della natura contrattuale della responsabilità del sanitario dipendente anche tramite altra via, ovvero tramite l'accoglimento della teoria, di origine germanica, del "contratto con effetti protettivi a favore del terzo". Secondo questa impostazione, in alcuni contratti, accanto ed oltre al diritto alla prestazione principale, sarebbe garantito ed esigibile un ulteriore diritto a che non siano arrecati danni a terzi estranei al contratto. La natura della responsabilità quindi, deve essere individuata non sulla base della condotta ( negligente o meno) in concreto tenuta dall'agente, ma sulla base della natura del precetto violato; sia la responsabilità del medico, sia quella dell'ente ospedaliero hanno entrambe una "radice comune" nell'esecuzione non diligente della prestazione, ma ciò non comporta necessariamente che entrambe le responsabilità siano di natura contrattuale, non potendosi escludere che un fatto, l'attività professionale del medico appunto, integri, da un lato, una responsabilità contrattuale a carico di un soggetto (ente ospedaliero) e, dall'altro, una responsabilità extracontrattuale a carico di un altro soggetto, autore del fatto (medico). Escluso, dunque, di poter fondare la natura contrattuale della responsabilità del medico sulla "radice comune" dell' esecuzione non diligente o sul rapporto di dipendenza tra medico ed ente, l'orientamento di cui trattasi individua la ragione della natura contrattuale degli obblighi di cura dovuti dal medico a favore del paziente nel "contatto sociale" che si instaura tra detti due soggetti; la disamina di tale teoria sarà trattata nel terzo capitolo, per il momento ci apprestiamo ad analizzare alcuni aspetti problematici. Secondo questa lettura, l'attività professionale del medico implica l' adempimento di obblighi di conservazione della sfera giuridica altrui che nascono dall'affidamento inevitabilmente generato dalla stessa professionalità. Con riferimento ai carichi probatori, secondo questa teoria che fonda la responsabilità del medico sul "contatto sociale" con il paziente, "in base alla regola di cui all'art. Parallelamente al descritto iter relativo alla responsabilità del sanitario, si è assistito al riconoscimento di una totale autonomia della responsabilità dell'ente rispetto a quella del medico curante. 1228 c.c., per l'inadempimento della prestazione medico-professionale svolta direttamente dal sanitario, quale suo ausiliario necessario . Detta lettura, che costituisce un ritorno al passato inquadramento della responsabilità del medico, trova il proprio fondamento normativo nell' art.3 del recente provvedimento legislativo n. 189 dell' 8 novembre 2012 di conversione del c.d. "Decreto Sanità" (d.l. 13 settembre 2012,n. 158), secondo cui: "L'esercente le professioni sanitarie che nello svolgimento della propria attività si attiene a linee guida e buone pratiche accreditate dalla comunità scientifica non risponde penalmente per colpa lieve. In tali casi resta comunque fermo l'obbligo di cui all' art. 2043 del codice civile…". Nel rinvio all' art. 2043 c.c., parte della dottrina legge, infatti, la volontà del legislatore di prendere posizione ,nella disputa sulla natura contrattuale o extracontrattuale della responsabilità del sanitario, a favore di tale ultima impostazione; sul punto si tornerà in maniera più accurata e approfondita nel capitolo quarto. Ne risulta una riduzione ad unità della responsabilità di diritto civile, questa volta all' insegna del modello contrattuale. Quanto al primo aspetto, costituisce principio giurisprudenziale ormai consolidato che la responsabilità extracontrattuale concorre con quella contrattuale ogniqualvolta all'inosservanza di una previsione negoziale si accompagni la violazione del generale dovere del neminem laedere . La tesi contraria fa perno principalmente sulla "specificità" della tutela creditoria, ovvero sul diritto del creditore alla prestazione che "assorbirebbe", in altre parole, la generica pretesa ad una condotta non dannosa da parte del debitore. In tal caso, dunque, il paziente potrà, quale creditore insoddisfatto, invocare la responsabilità contrattuale; ma al tempo stesso, ricorrere alle regole di responsabilità aquiliana. E' stato in proposito osservato che in sostanza , la funzione del cumulo della responsabilità medica risponde all'esigenza di offrire tutela al diritto alla salute, senza sottrarla al regime aquiliano anche in quei casi in cui la lesione sia stata la conseguenza di un inadempimento, ma nel contempo adottando per la valutazione della condotta medica uno standard unitario, valevole sia per la responsabilità contrattuale che per quella aquiliana, desumibile dal criterio della diligenza professionale ex. art. 1176 c.c. . Si parla di "obblighi di protezione", considerati autonomi rispetto all' obbligo di prestazione, oltre che sul piano della struttura, anche su quello della fonte: nascono dalla legge anche quando fonte dell' obbligazione sia il contratto . La questione rimane aperta e le possibilità configurabili sono tre: a) unicità di natura della responsabilità contrattuale e di quella aquiliana, c.d. reductio ad unum della responsabilità di diritto civile ; b) tertium genus tra contratto e torto; c) tradizionale bipartizione della responsabilità di diritto civile. In dottrina inoltre, di fronte al dilagante fenomeno della c.d."ipertrofia del contratto" , due sono le strategie elaborate: quella della c.d. "terza via" , diretta a far confluire al suo interno tutte le ipotesi tipiche di responsabilità che non rientrano né nel modello extracontrattuale né nel modello contrattuale; e quella della riscoperta, per dir si voglia della portata generale del principio del neminem laedere, in una prospettiva di graduale superamento dell' antinomia tra modello contrattuale e modello extracontrattuale di responsabilità . CAP.3 LA NATURA DELLA RESPONSABILITA' DEL MEDICO DIPENDENTE DALLA STRUTTURA SANITARIA 1. La tesi della natura extracontrattuale. Un primo orientamento riconduce la responsabilità del medico inserito all' interno di una struttura sanitaria(sia essa pubblica o privata) all' alveo extracontrattuale. A tal proposito è utile far riferimento alla sentenza che ha segnato i caratteri di questa, ormai anacronistica configurazione. Parte nel contratto d'opera professionale, e nel conseguente rapporto obbligatorio, è l'ente ospedaliero ed esso soltanto, non anche il medico dipendente che provvede in concreto allo svolgimento dell' attività diagnostica e della conseguente attività terapeutica. In sede di conclusione del contratto e di esecuzione della dovuta prestazione professionale, di fronte al paziente si pone esclusivamente la soggettività giuridica dell' ente ospedaliero, nel quale il medico dipendente si immedesima per effetto del rapporto organico, sì che non rileva, nell' ambito e sotto l'aspetto dell' attività diagnostica e terapeutica, il suo status di soggetto di diritto, essendo egli organo per mezzo del quale l'ente ospedaliero adempie la prestazione professionale che è il contenuto dell' obbligazione assunta a proprio carico con la conclusione del contratto ."Quanto all' ente ospedaliero, l'attività è dovuta nei confronti del paziente, quale prestazione che l' ente si è obbligato ad adempiere con la conclusione del contratto d'opera professionale. Quanto al medico dipendente, l'attività è dovuta nei confronti dell' ente ospedaliero nell'ambito del rapporto di impiego pubblico che lo lega all' ente e quale esplicazione della funzione che è obbligato a svolgere" . Non è configurabile una responsabilità contrattuale del medico dipendente da ente ospedaliero, verso il paziente, in conseguenza dell' errore diagnostico o terapeutico da lui commesso. Il quale errore, però, rileva, cioè sotto il profilo della responsabilità extracontrattuale . La qualificazione contrattuale della responsabilità del medico dipendente, pur in mancanza di un vincolo negoziale diretto col paziente, è variamente argomentata e costituisce attualmente la questione più complessa della materia. Così, pensando alla prestazione medica o meglio al fine ultimo e sperato di quest' ultima, il "risultato della guarigione", certo non dovuto, pensiamo alla malattie tumorali in fase terminale, indica e seleziona le terapie adeguate al suo (sperato) conseguimento. Il richiamo all' obbligazione senza prestazione, nella sentenza della cassazione n. 589 del 1999 e successive pronunce, appare forse il più problematico fra i tentativi di fondare la responsabilità diretta del medico dipendente da una struttura ospedaliera. Detto ciò, vediamo che obblighi di protezione, obbligazione senza prestazione e contratto con effetti protettivi a favore di terzo, sono inidonei a render conto della complessità di contenuto del rapporto medico-paziente e della sua attuale evoluzione. Limitarsi al profilo della responsabilità aquilliana quindi significherebbe farsi sfuggire il dato più significativo e caratterizzante, il modo in cui oggi realmente si atteggia il rapporto medico-paziente. 3. La tesi della responsabilità contrattuale da contatto sociale. Troppo riduttivo e alquanto garantista appare restringere la responsabilità del medico nell'alveo della responsabilità contrattuale, infatti difficilmente poteva configurarsi un rapporto contrattuale tra medico e paziente, tale da identificare un eventuale danno come inadempimento contrattuale. La responsabilità del medico per i danni cagionati dall' espletamento dell' attività sanitaria ha, pertanto, comunque natura contrattuale, ma derivante dalla posizione di garanzia che il sanitario assume nei confronti del paziente a seguito dell' affidamento che quest'ultimo ripone in colui che esercita una professione protetta avente a oggetto il bene, costituzionalmente tutelato, della salute. La cassazione inoltre è intervenuta anche in tema di responsabilità professionale del medico-chirurgo, affermando più volte che sussistendo un rapporto contrattuale , quand'anche fondato sul solo contatto sociale, in base alla regola di cui all'art. Natura contrattuale ha quindi la responsabilità del medico ospedaliero anche in caso di inesistenza di un pregresso rapporto obbligatorio col paziente poiché con quest' ultimo, nel momento in cui il sanitario decide di intervenire, si instaura un rapporto contrattuale di fatto . La giurisprudenza quindi, come più volte sottolineato in precedenza, operava una distinzione tra la responsabilità della struttura sanitaria, ritenuta da inadempimento a seguito dell' accettazione del paziente nell' ospedale, ai fini del ricovero o di una visita ambulatoriale con l'obbligazione di compiere l'attività diagnostica e terapeutica in relazione alla situazione patologica del paziente preso in cura, dopo il pagamento del ticket, ipotizzando la conclusione di un contratto d'opera professionale tra paziente ed ente ospedaliero, mentre la natura della responsabilità del medico, dipendente e pagato dalla struttura pubblica, nei confronti del paziente, per danno cagionato da un suo errore diagnostico o terapeutico, veniva qualificata extracontrattuale, con esclusione della colpa lieve nei casi di negligenza o imprudenza . La tesi contrattualistica della natura della responsabilità del medico dipendente dalla struttura sanitaria è stata variamente argomentata da dottrina e giurisprudenza, sino ad essere cristallizzata, sotto un peculiare profilo, dalla nota pronuncia n.589/99 della Suprema Corte. Secondo un primo orientamento , la responsabilità contrattuale del medico dipendente troverebbe fondamento nell' art.28 Cost.; tanto la responsabilità dell' ente, quanto quella dell' operatore sanitario troverebbero, cioè, radice nella medesima condotta, ossia nell' esecuzione non diligente della prestazione sanitaria. Detta impostazione riduce al momento terminale, cioè al danno, una vicenda che non incomincia con il danno, ma si struttura prima come "rapporto, in cui il paziente, quanto meno in punto di fatto, si affida alle cure del medico ed il medico accetta di prestargliele" . La prima esperienza applicativa di questa teoria riguarda la responsabilità da contatto sociale del medico strutturato e le note difficoltà di inquadramento del rapporto tra ente, medico e paziente. Come già accennato il primo riconoscimento della validità del contatto sociale come fonte di responsabilità è avvenuto nella nota sentenza della Suprema Corte n. 589 del 22 gennaio 1999, ed ha ad oggetto la responsabilità del medico dipendente di un ente ospedaliero pubblico per il danno cagionato ad un paziente da un'errata diagnosi, con conseguente non corretto trattamento terapeutico. Più controverso è stato individuare la natura della responsabilità del medico dipendente. In alcune sentenze la Suprema corte ha peraltro optato per una responsabilità contrattuale del sanitario. Ciò perché si inseriva la prestazione del medico nel quadro del rapporto privatistico tra ente gestore e paziente, e si rilevava la diretta relazione che lega detta prestazione all' aspettativa del privato richiedente il servizio, ravvisandosi una responsabilità contrattuale sia dell' ente ospedaliero che del medico da cui questo dipende . Questo orientamento parte dal presupposto che, attraverso l'immedesimazione organica tra l'ente pubblico ed i suoi dipendenti, i danni causati all' assistito dall' esecuzione non diligente della prestazione del medico dipendente sono fonte di responsabilità diretta per l'ente gestore del servizio sanitario. La riconduzione in schemi contrattualistica anche della responsabilità del medico dipendente si desume poi dall' art. 28 della cost. che contempla, unitamente alla responsabilità dell' ente, quella del dipendente, essendo entrambe tali responsabilità fondate sull' esecuzione non diligente della prestazione sanitaria del medico. L'unicità del fondamento comporta quindi che anche quella del medico sarebbe una responsabilità contrattuale di natura professionale . È stata, infatti, definita un sottoinsieme della responsabilità civile o un settore multidisciplinare all' interno del quale vige un regime giuridico speciale , . L'atipicità del modello di responsabilità medica si desume anche dal fatto che, pure quando è stata collocata all' interno della responsabilità aquiliana, ad essa sono stati applicati comunque istituti propri della responsabilità contrattuale, quali la distinzione tra obbligazioni di mezzo e di risultato, il criterio della diligenza professionale, il richiamo a regole di causalità materiale, la limitazione di responsabilità di cui all' art. 2236 c.c. 4. Evoluzione giurisprudenziale dopo le SU della cassazione e consolidamento della tesi della responsabilità contrattuale da contatto sociale. Da ciò ne consegue che la responsabilità dell' ente gestore del servizio ospedaliero e quella del medico dipendente hanno entrambe radice nell' esecuzione non diligente o errata della prestazione sanitaria da parte del medico, per cui, accertata la stessa, risulta contestualmente accertata la responsabilità a contenuto contrattuale di entrambi , ovviamente tale qualificazione non discende dalla fonte dell' obbligazione ma dal contenuto del rapporto . 2236 c.c., essere allegata e provata dal medico ; a proposito della responsabilità professionale da contratto o contatto sociale del medico, la Corte in una pronuncia afferma che al fine del riparto dell' onere probatorio, il paziente danneggiato deve limitarsi a provare il contratto o contatto sociale, e l'aggravamento della patologia o l'insorgenza di un' affezione ed allegare l'inadempimento del debitore, astrattamente idoneo a provocare il danno lamentato . Ancora, in tema di responsabilità professionale del medico, ove pure quest' ultimo si limiti alla diagnosi e all' illustrazione al paziente delle conseguenze della terapia o dell' intervento che ritenga di dover compiere, allo scopo di ottenere il necessario consenso informato, ha natura contrattuale e non precontrattuale e quindi ne consegue che a fronte dell' allegazione, da parte del paziente dell' inadempimento dell' obbligo di informazione, è il medico gravato dell' onere della prova di aver adempiuto tale obbligazione .Dalle varie pronunce si evince come la sentenza n. 589 del 1999 ha sicuramente trovato un riscontro favorevole nella successiva giurisprudenza. Ricondurre all' alveo della responsabilità contrattuale da contatto sociale la responsabilità del medico dipendente ha però senz' altro esposto la professione medica alla cd. medicina difensiva. E' evidente che l'estensione ai medici del servizio sanitario nazionale della responsabilità contrattuale , che riduce notevolmente le possibilità di difesa da ingiuste o non provate accuse di violazione del contratto, non potrà che accelerare questo orientamento delle compagnie di assicurazione. La responsabilità del medico sembra concretizzarsi non all' atto dell' assunzione di un obbligo, ma in esecuzione dell' obbligazione sanitaria e quanto al suo contenuto, questo si atteggia come una normale obbligazione che richiama comportamenti destinati a produrre un risultato utile per il creditore. Come visto, nel tentativo di ricostruire il rapporto medico-paziente come autenticamente contrattuale vediamo come nella prestazione del medico nei confronti del paziente ciò che sembra sfuggire è l' accordo tra le due parti che deve precedere l'esecuzione della prestazione. Per quel che concerne, poi, il criterio della risarcibilità del danno, esso, a prescindere dalla natura della responsabilità individuata, viene sempre limitato all' interesse a non subire danni alla salute. La lesione dell' interesse positivo al contratto può venire in considerazione, in particolare, nel caso in cui si possa individuare in maniera distinta sia un interesse alla prestazione migliorativa, che un interesse alla prestazione conservativa. CAP. 4 LA NATURA DELLA RESPONSABILITA' DEL MEDICO DOPO LA LEGGE BALDUZZI 1. La ratio della legge e il contesto socio-economico nel quale si inserisce. Nel capitolo precedente abbiamo visto come attraverso l'espediente del contatto sociale, come fonte di protezione tra medico e paziente, si compie una perfetta omologazione in punto di disciplina della responsabilità del medico a quella della struttura e viene salvaguardata, in nome della radice comune delle due responsabilità, l'unitarietà del regime di regole applicabile ad entrambi. Dal "fatto illecito del medico", che negli anni 80 aveva sorretto la configurazione di un regime unitario di regole di responsabilità, si trascorre oggi alla "non diligente esecuzione della prestazione sanitaria da parte del medico dipendente nell' ambito dell' organizzazione sanitaria" . In tal modo si individua nell' "operato professionale", in cui si incardina il "fare" del sanitario/dipendente della struttura, quel "fatto dannoso comune" che sorregge la responsabilità solidali di medici e strutture. Quindi la responsabilità del medico dal paradigma della responsabilità professionale fondata sulla colpa, trascorre al paradigma di una responsabilità semi-oggettiva in quanto la prova liberatoria ad esso richiesta non è quella dell' assenza di colpa bensì quella specifica dell' evento straordinario ed eccezionale che è stato causa di danno alla salute . Tutto ciò perché nell' interpretazione che ormai si impone in giurisprudenza con riguardo alla ben nota regola probatoria contenuta nell' art. 1218, nel riferimento anche all' inesatto adempimento di obbligazioni che hanno per oggetto un fare professionale del medico, l'intero carico probatorio si sposta sulla struttura e sul medico e senza distinzioni di sorta si richiede ad entrambi come prova liberatoria, a fronte dell' allegazione dell' inadempimento da parte del paziente, non la prova dell' assenza di colpa bensì quella dell' evento straordinario ed eccezionale che è stato causa del danno alla salute del paziente . Si giunge cosi a considerare esigibile dal medico "strutturato", oltreché dall' ente, quel "risultato conseguibile, secondo criteri di normalità, da apprezzarsi in relazione alle condizioni del paziente, all'abilità tecnica del primo, e alla capacità tecnico-organizzativa dell' ente" , del quale entrambi sono chiamati a rispondere fino alla prova di quell' evento imprevisto/imprevedibile/non prevenibile, che è stato causa dell' insuccesso del trattamento sanitario o del mancato miglioramento della salute del paziente. Oggi il medico, se dipendente di struttura, nonostante nelle massime si continui a declamare la sua responsabilità per colpa al pari degli altri professionisti intellettuali, diviene oggi "garante della salute" del paziente rispondendo di qualsiasi insuccesso della terapia fino al limite della complicanza non prevedibile o non prevenibile, e ciò anche nei casi in cui l' insuccesso sia riconducibile a fattori risalenti all' organizzazione . Ovviamente si parla sempre di responsabilità da violazione di obblighi che, a prescindere dalla fonte, vuoi da contatto sociale vuoi da contratto, vengono comunque ricondotte all' art. 1218, salvo differenziarsi sui contenuti della prova liberatoria posta a carico del medico. Per il primo, si richiede l' identificazione della causa, eccezionale e non prevedibile con la diligenza ordinaria, che sia stata all' origine dell' insuccesso del trattamento e/o del danno alla salute del paziente; per il secondo, che svolge la sua opera al di fuori di un'organizzazione sanitaria, si ritiene essere sufficiente, come prova liberatoria, quella della corretta esecuzione della prestazione o comunque del fatto che l'inadempimento non sia stato causa del danno. Ovviamente nel nostro sistema ciò è avvenuto, senza abbandonare il modello unitario di disciplina della responsabilità di medici e strutture che si regge su un fatto dannoso comune come presupposto fondante entrambe le responsabilità; modello che se in passato ha condotto ad omologare la responsabilità della struttura a quella del medico, oggi, in una inversione di tendenza, fa si che sia la responsabilità del medico ad adeguarsi in punto di disciplina, a quella della struttura. In questo clima dunque la nostra classe medica è stata attratta dal vortice della medicina difensiva, della quale abbiamo avuto modo di parlare all' inizio del paragrafo. L'obiettivo del legislatore è, allora, quello di farsi carico con misure concrete del problema, tentando di porre un freno al dilagare del contenzioso giudiziario e dei costi connessi. A completare il quadro l'estrema specializzazione di ogni operatore sanitario, insieme alla crescente difficoltà di aggiornamento e alla complessità della strumentazione moderna; lo svolgimento del lavoro in equipe e all' interno delle strutture sanitarie; la presenza di norme sempre più dettagliate e l'enfatizzazione del diritto alla salute, che ha fatto salire il livello di attesa di un risultato favorevole. In tale contesto si inserisce l' art. 3 del decreto legge 13 settembre 2012 n. 158, come modificato dalla legge di conversione 8 novembre 2012, n.189, articolo specificamente dedicato alla "responsabilità professionale dell' esercente la professione sanitaria", che pare riportare la responsabilità del medico nella disciplina dell' illecito. L'art 3 del decreto legge stabiliva: Al comma I, che :"Fermo restando il disposto dell' art. 2236 del codice civile, nell'accertamento della colpa lieve nell' attività dell' esercente le professioni sanitarie il giudice, ai sensi dell' art. 1176 del codice civile, tiene conto in particolare dell' osservanza, nel caso concreto, delle linee guida e delle buone pratiche accreditate dalla comunità nazionale e internazionale.". Al comma quarto che: "Fatto salvo quanto previsto al comma I, la responsabilità civile per danni a persone, causati dal personale sanitario medico e non medico, occorsi nell' ambito di una struttura sanitaria pubblica, privata accreditata e privata è sempre a carico della struttura stessa". - In tali casi resta comunque fermo l' obbligo di cui all' art. 2043 del codice civile. Il giudice, anche nella determinazione del risarcimento del danno, tiene debitamente conto della condotta di cui al primo periodo"; Il comma quarto è stato, invece rimosso dal testo legislativo finale. Inoltre parte della dottrina, tra cui l'autore N. Todeschini, affermano che il legislatore avrebbe introdotto una mera lex specialis, per i soli dipendenti del sistema medico sanitario, senza tener conto che la responsabilità del medico fa parte delle "responsabilità nei servizi sanitari"; sottolineando anche come il ritorno all' applicazione della disciplina sull' illecito aquiliano, più gravosa per il paziente in ordine all' onere probatorio ed ai termini di prescrizione, volta a ridurre il contenzioso sulla responsabilità del medico,indebolirebbe sia il diritto alla salute, sia il diritto ad essere curati dal servizio sanitario, sia la stessa tutela della salute . Volendo passare in rassegna le due versioni della norma vediamo come il legislatore abbia inteso perseguire il proprio obiettivo focalizzando l'attenzione sulla "colpa professionale" del medico, così restituendo all' elemento soggettivo, troppo spesso trascurato nelle decisioni dei giudici, un ruolo centrale nella responsabilità del medico. Questa scelta definita da molti autori "demolitiva", da un lato, lascia intendere che per l'ente continuino a valere quelle regole già coniate prima dell' entrata in vigore della recente modifica; regole all' insegna di una responsabilità semioggettiva, che trova il proprio limite nella dimostrazione dell' evento imprevisto ed imprevedibile che abbia causato il mancato miglioramento del paziente; dall' altro lato, porta a ritenere che la volontà del legislatore di dettare una norma dedicata esclusivamente alla responsabilità del medico, significhi, implicitamente, aver ammesso che il regime applicabile al sanitario deve considerarsi disciplinato da regole separate ed autonome, sia con riguardo alla fonte, sia alla natura della responsabilità, rispetto a quelle indirizzate alla struttura. Come emerge dalla lettura proposta del comma 1, dell'art. 3, si ritiene che il legislatore, con l'ultima versione dell' articolato, abbia operato una "scelta di campo" a favore della natura extracontrattuale della responsabilità del medico, con le relative conseguenze in tema di elemento soggettivo, termine di prescrizione ed onere della prova . 3 della l. 8.11.2012 come disposizione, espressamente dedicata a disciplinare la responsabilità degli "esercenti la professione sanitaria", rivela dunque, nel silenzio serbato nei confronti di chi è oggi il protagonista chiave nel giudizio civile e cioè la struttura che è anche solidalmente responsabile con il medico, di voler guardare alla responsabilità del medico, in modo del tutto autonomo dalla responsabilità della struttura, confermandone il suo inquadramento nell' ambito delle responsabilità professionali da status. 3 del decreto sanità, nel riferimento alla prova di una diligenza, qualificata dall' applicazione delle L.G., con importanti implicazioni sulla quantificazione del risarcimento del danno in termini di riduzione, abbia inteso, nel rinvio all' art. 2043 c.c., far gravare sul paziente la prova della colpa medica all' insegna di un non dovuto o non richiesto dalle circostanze del caso, adeguamento alle L.G., che solo al medico compete individuare tra le diverse accreditate dalle Società scientifiche. Molti autori sostengono in definitiva che la norma del decreto Balduzzi sia "precettiva" con riguardo alla colpa penale e al criterio di quantificazione del danno in sede civile, mentre è una norma "interpretativa" con riguardo alla colpa civile del medico; la sua rilevanza nella gerarchia delle fonti consiste nell' evidenza di riassegnare un ruolo centrale alla responsabilità da fatto illecito, in linea con la tradizione, e conferma l'intuizione dottrinale dell' attualità, per così dire, del paradigma della responsabilità professionale fondata sulla colpa . In senso favorevole a una restaurazione del sistema vertente sulla natura aquiliana della responsabilità del medico, il Tribunale di Varese, nella sentenza 26 novembre 2012, n.1406, si è pronunciato motivando il revirement in forza di una maggiore coerenza con i nuclei ispiratori della disciplina di riforma sanitaria. Ciò in considerazione dell' aumento esponenziale e spesso pretestuoso del contenzioso nei confronti dei sanitari. Viene sottolineato anche il fatto che se il richiamo all' art. 2043 c.c. imponesse l'adozione di un modello extracontrattuale, l'applicazione rigorosa della norma ne comporterebbe l'applicazione anche alle ipotesi pacificamente contrattuali, quali i rapporti fra pazienti e medici liberi professionisti, dal momento che il primo periodo dell' art. 3, comma 1, secondo periodo della legge Balduzzi, in conformità con la collocazione sistematica e con la ratio dell' intervento legislativo, ha il solo scopo di richiamare la disposizione cardine espressione del principio del neminem laedere e del conseguente obbligo di risarcimento del danno conseguente alla violazione del suddetto principio. 3 del decreto legge 158/2012 scolpiva la responsabilità contrattuale della struttura sanitaria pubblica, e dei medici pubblici dipendenti, il novellato art. 3 della legge di conversione, opta per la soluzione opposta, facendo scomparire ogni riferimento esplicito alla qualificazione in termini contrattuali della responsabilità del medico pubblico dipendente, con il chiaro ed indubbio riferimento all' art. 2043. Come abbiamo già visto poi la legge di conversione, ribaltando la norma del decreto legge che faceva una chiara scelta in tema di responsabilità risarcitoria del medico pubblico dipendente, richiama espressamente i criteri della responsabilità aquiliana, ritenendo che la responsabilità civile del medico non debba rifarsi ad una responsabilità da inadempimento con gli indubbi vantaggi del paziente in tema di prescrizione ed onere della prova, ma alla responsabilità aquiliana. In altri termini, al fine di contenere gli oneri risarcitori della spesa pubblica, il nuovo art. 3 della l. 189/2012, intende intervenire sul "diritto vivente", operando una scelta di campo finalizzata al valore del risparmio e non della salute del paziente. Il Tribunale di Torino non utilizza la teorica del contatto sociale e quindi rigetta la domanda del paziente per i danni subiti in ospedale, nel caso di specie la frattura del femore, per non aver fornito la prova della colpa delle parti convenute, e quindi del fatto illecito. Tralasciando i riscontri penalistici, per il caso di colpa lieve, che per molti è limitata alla sola imperizia e non anche alla negligenza e imprudenza, la persistenza della stessa responsabilità civile va riportata all' art. 2043 c.c., infatti la norma sottolinea come :" In tali casi resta comunque fermo l'obbligo di cui all' art. 2043 c.c. Ovviamente il giudice nella determinazione del risarcimento del danno terrà conto della condotta del medico richiamata nel primo periodo dell' art. 3, e quindi anche se l'esercente si attiene alle c.d. L.G. e alle buone pratiche accreditate dalla comunità scientifica, nel momento in cui provochi dei danni al paziente, sarà tenuto al risarcimento danni ex art. 2043; se poi verrà accertato che la sua attività sia stata condotta con negligenza e imprudenza e non solo imperizia, risponderà anche in sede penale. Tutto ciò fa si che la paziente abbia stipulato, al momento dell'accordo con il medico dr. Le due sentenze ribadiscono che la responsabilità del medico, così come quella della struttura sanitaria, ha ancora natura contrattuale; anche l' obbligazione del medico dipendente dall' azienda sanitaria nei confronti del paziente, seppur fondata sul contatto sociale, costituisce vincolo contrattuale. La tutela del paziente passa in primo piano senza però sfociare in eccessive estensioni della responsabilità, civile e penale, che in passato hanno fomentato il ricorso alla medicina difensiva. Il richiamo all' art. 2043 c.c. all' interno dell'art.3 della legge Balduzzi è stato letto da molti autori come un vero e proprio fondamento normativo della responsabilità del medico ospedaliero di natura extracontrattuale. A conferma di questa prima interpretazione sono intervenute numerose sentenze, tra le quali è utile ricordare quella del tribunale di Milano che afferma come: Sembra corretto interpretare la norma nel senso che il legislatore ha inteso fornire una precisa indicazione nel senso che, al di fuori dei casi in cui il paziente sia legato al professionista da un rapporto contrattuale, il criterio attributivo della responsabilità civile al medico (e agli altri esercenti una professione sanitaria) va individuato in quello della responsabilità da fatto illecito ex art. 2043 c.c., con tutto ciò che ne consegue sia in tema di riparto dell' onere della prova, sia di termine di prescrizione quinquennale del diritto al risarcimento del danno". La tesi che però oggi è prevalente in giurisprudenza è quella che qualifica come "contrattuale" la responsabilità medica, per agevolare la posizione del paziente, responsabilità che nasce non dal contratto atipico di spedalità, che riguarda il rapporto del paziente con la struttura, bensì dal "contatto sociale" istituito tra medico ospedaliero e paziente. In conclusione del presente lavoro appare opportuno richiamare alcune novità contenute negli articoli 6 e 7 del ddl sulla responsabilità professionale n. 1324 dell' 8 luglio 2013. La prima novità si lega a una delle critiche mosse alla legge Balduzzi: avere fatto un riferimento troppo generico alla colpa. Inoltre, per quello che ci interessa più da vicino, dalla natura "extracontrattuale" della responsabilità in capo all' esercente la professione sanitaria sono esclusi i liberi professionisti . 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LANGUAGE SHIFT AND MAINTENANCE AMONG CHINESE COMMUNITY IN SURABAYA: A CASE OF NON-MIGRANT COMMUNITY Rizky Silvia Putri Sastra Inggris, Language and Arts Faculty, State University of Surabaya Rizky2790@gmail.com Drs. Slamet Setiawan, MA, Ph.D English Literature, Faculty of Languages and Arts, State University of Surabaya slametsetia@yahoo.com Abstrak Bahasa Inggris merupakan bahasa Internasional dimana semua orang di dunia mengenal bahasa Inggris. Surabaya, sebagai kota besar di Indonesia menjadikan bahasa Inggris sebagai bahasa yang penting untuk dipelajari dan hal ini juga mempengaruhi area kerja dimana Bahasa Inggris adalah salah satu syarat untuk dikuasai oleh tenaga kerja. Fenomena ini membuat orang-orang mempelajari bahkan bahasa Inggris dipilih sebagai bahasa yang harus mereka kuasai. Penelitian ini berfokus pada komintas Cina di Surabaya yang memilih bahasa Inggris and menunjukan tanda untuk bergeser ke bahasa Inggris dan pemertahanan bahasa Indonesia. Keluarga yang dipilih yang mempunyai potensial untuk berbicara bahasa Inggris dan kemungkinan bergeser ke bahasa Inggris. Penelitian ini mempunyai tiga tujuan: 1.) untuk mendeskripsikan bahasa yang digunakan oleh keluarga-keluarga Cina, 2.) untuk mengetahui factor-faktor yang menyebabkan keluraga-keluarga Cina memilih bahasa Inggris, dan 3.) untuk mengidentifikasi bagaimana keluarga-keluarga Cina mempertahankan bahasa Indonesia. Penelitian lapangan dipilih dalam penelitian ini. Penemuan dalam penelitian ini menunjukan bahwa factor dalam memilih bahasa Inggris dari pada bahasa Mandarin dan Indonesia menunjukkan tanda pergeseran ke bahasa Inggris. Ini karena bahasa Inggris mempunyai peranan yang penting dalam factor pergeseran bahasa: sifat dan nilai, social, demografi, dan ekonomi dan politik. Pemilihan bahasa Inggris karena beberapa factor juga sebuah tanda dari tiga keluraga Cina untuk bergeser ke bahasa Inggris: era modern, komunikasi, pendidikan, kehidupan mendatang, dan bahasa kebiasaan. Walaupun begitu, bahasa Indonesia sebagai bahasa ibu dan bahasa mayoritas yang digunakan oleh orang Surabaya dipertahankan. Sikap yang positif yang ditunjukkan oleh para orang tua dan anak-anak menunjukkan cara dalam mempertahankan bahasa Indonesia. Kata Kunci: pemilihan bahasa, pergeseran bahasa, pemilihan bahasa Abstract English is an international language where people around the world know English. Surabaya as urban and multilingual city in Indonesia put English as an important language to be learnt and it gives affect in working area where English one of language requirements where employees must able to speak it. This phenomena make people learn even choose English as one of language that they must mastered. This study focuses on Chinese community in Surabaya who chooses English and shows the precursor to shifts into English and the maintenance of Indonesian. The families have been chosen as they are potential agent to speak English and show the possibility to shift into English. The study has three goals: 1.) To describe the language is used by Chinese Family in Surabaya, 2.) To find out the factors that contributes Chinese family in choosing English, and 3.)To identify how do the Chinese Family maintain the Indonesian. Qualitative research approach has been chosen in this study. The instruments used were questionnaires and interviews. The findings of the study show that the factors of choosing English rather than Mandarin and Indonesian by three Chinese families as multilingual families show the precursor of shifting into English. This is because English has an important role to the factors of language shift: attitude and values, social, demographic, and economic and politic. The choice of English because of some factors also the precursor of these three Chinese families to shift into English: modern era, communication, education, future life, and language habit. However, Indonesian as mother tongue and majority language that is used by Surabaya people is maintained. The positive attitudes that are shown by parents and children show the way in maintaining Indonesian language. Keywords: Language choice, language shift, language maintenance INTRODUCTION English as an international language is nothing new in this modern world. Sharifi (2009: 2) said in general that English as an international language refers to a paradigm for thinking, research and practice. It marks a paradigm shift in Teaching English to Speakers of Other Languages (TESOL), SLA and the applied linguistics of English, partly in response to the complexities that are associated with the tremendously rapid spread of English around the globe in recent decades English has been categorized as an important language for non-native English speakers and the application of learning English for education even starts from in the very young age, for example in Surabaya. English has been taught in every school and needed almost in every working area. Surabaya is known as urban city which the center of business, industry, trade, and center of education. This is one of the most favorable places where businessman or business woman begin their career, place of education, and for job seeker. Surabaya is the second larger city after Jakarta and the capital of the province of East Java, and with total of population reaching over 3 million which make Surabaya is called as an urban city (http://www.surabaya.go.id/profilkota/index.php?id=22). While Lowenstein (1977:23) said that In general, populations in places of 2,500 or over were urban; those in places of less than 2,500 were rural This makes English become an important language choice by people in Surabaya and perhaps people will try to learn English to get a better future in life because the competition is real in urban areas. Chinese is one of ethnics which exist in Surabaya for a very long time ago. The first language brought in Surabaya was Mandarin because the Chinese at the first time was the result of migration. Meanwhile, the elder did not teach Mandarin as well as language inherited. This is happen because they do not living in China where Mandarin position as first and dominant language spoken. So, the situation is Mandarin does not function as the first language for young generation in Surabaya. In addition, it is considered too difficult with all its grammars, pronunciations, and intonations. It is said by Constance's letter in Liu (2005:140) wrote that English was easier than Chinese because English only had twenty-six letters while Chinese had many characters and did not have a spelling system. So, the language most spoken by Chinese in Surabaya today is Indonesian and it is considered as mother tongue that inherits to the next generation. In this case, Chinese people, who see a future must be a better future and life will think that English is needed to be learnt because there would be a competitor in urban city and must follow the modern era which make English is used almost in every places whether written or oral. Besides getting an English subject at school, parents might also put their children to the course, learning English and use it at home in daily communication. This use of language is chosen and spoken because of some favors. This is leading Chinese community tend to shift Indonesian into English. It is when people use a particular language in a particular area because of some favors. Chaer and Agustina (1995: 190) said that language shift is usually happened in a country or in an area which gives a big hope for the better social economic life. There are three research questions; (1) what language is used by Chinese family in Surabaya, (2) what factors that contribute Chinese family choose English?, (3) how does the Chinese family maintain the Indonesian language?. The purposes of this study are to identify the language used by Chinese family in Surabaya and the factors that contribute the families choose English. This study is expected to be able to enrich linguistics study dealing with phenomena of language shift among Chinese people in Surabaya. This study uses three members of Chinese family in Surabaya and focuses only with non-migrant communities which mean that they have been living for the next of three generation after the first Chinese ethnic who had been migrated in Surabaya. The topic language shift and it is not something new. It was already done by other ethnics who moved in Surabaya as migrants. The situation of choosing a new language in a new domain where they live in right now, make the use that language in order to be able in communicate with people in new domain. This situation makes them shift their ethnic language to other language because of some favors and the ethnic language on the other hand does not use in the new are where the majority of language used is in the place they live in now. This study was conducted by Wijayanti and Windarti about language shift that happen to migrant majorities. The first study was conducted by Wijayanti's (2008) of "language shift and maintenance found in bataknese families in surabaya" indicated that the Bataknese who lives in Surabaya shift to a new and maintain the old one. She also wants to describe the social contexts which are responsible for language shift and language maintenance by Bataknese in Surabaya. Wijayanti divided the informants into two groups: young and old generations of Bataknese in Surabaya which were chosen in random whom might represent their community in Surabaya. The young generation represented language shift while the old generation represented language maintenance. While the second previous study was conducted by Windarti's (2007) of "A Study of Language Shift among Flores People in Surabaya" is concerned about the shift of Flores language because of the speakers' movement to another place (in this case, Flores people move to Java). Although the Flores people have very good ability to master Flores language, they have very positive attitude towards Flores language, and they also have such organization Flores family in Surabaya, most of the Flores people (parents) have never taught Flores language to their children. It is because Flores people think that it is unnecessary to teach Flores language in Surabaya. In addition, Windarti's study took ten Flores families as the informants, who were divided into two categories, original Flores families (OFs), and mixed marriage Flores Families (MMs). Both of previous study above concerned about the language shift which occurs to the speaker who migrate to the another city and shift the language to majority language that is Surabaya language. Migration is the position which showing that most people who migrate to another city will use the language use in the place they migrate to. While in this study is concerned about the choice and the intensity of using English language that make three Chinese families tend to shift into English. The status of English in the world is one of factors that lead them to choose English. The subjects were 3 families consist of parents and children. The children here is represented their community who potential to choose English as language communication. The parents represented the figure that supported the children to use English and maintain Indonesian as mother tongue and majority language spoken by Surabaya people. There are some theories that are used in this study, but there are five main theories that support to answer the three research questions in this study. The first theory is about multilingualism that is said by Quay in Auer and Lie (2007: 45) that with the greater mobility of people and consequent cross-linguistic and cross cultural relationship, an increasing number of children are growing up with early exposure to two languages in the family. Indeed, more than two languages may be in the linguistic repertoire of the family, rendering a case of family multilingualism, the second is about the ability of multilingual that is said by Sridhar in Wardhaugh (2006: 96) who says that Multilinguals develop competence in each of the codes to the extent that they need it and for the contexts in which each of the languages is used. The third is theory about factors of language choice by Setiawan (2013) suggests the certain reasons for language choice in bilingual or multilingual society from the city parent's view: Emblematic value, strategic reason (politeness), pragmatic reason. The fourth is about factors contribute language shift by Holmes (2001) who says that there are several factors that contribute to language shift: Values and attitude, social, demographic, and economic and political. The last is about language maintenance by Chaer and Agustina (1995: 193) who explain that language maintenance is the matter with the attitude to be consistent in using a language among other languages. RESEARCH METODE Qualitative or field research design is used in this study which mean to showing of human phenomena in the social interaction. The qualitative study is based on the quality which means to examine social meanings and grasp multiple perspectives in natural setting. According to Neuman (2007: 278), field research is based on naturalism, which is also used to study other phenomena (e.g. oceans, animals, plants, etc.). It involves observing ordinary events in natural settings, not in contrived, invented, or researcher-created-settings. The subjects in this study were 3 Chinese families in Surabaya who were born in Surabaya and living for the next of three generation for the first migration in Surabaya. The three Chinese families were multilingualism who able to speak three languages: Indonesian, Mandarin, and English. In this case, Indonesia was their mother tongue, not Mandarin. The sources of the data in this study were 3 Chinese families in Surabaya. They were parents and children. The data were information and opinion from each member and its parents. The data of research question number one, two and three are opinion and information about language used, factors contribute language shift, and the way of maintaining the Indonesian. The data are gotten from observation, Interview and questionnaires that are given to the subjects of the study; parents and children. Since the subjects of this study were humans, the writer collected the data in the form of written and oral words from the subjects being observed. Besides that, the instruments and tools were used to support to the data collection technique. There are two kinds of techniques applied in this study; questionnaires, interview. The three instruments were used to answer the three research question; (1) language used by Chinese family in Surabaya, (2) factors contributes language choice, and (3) the maintaining of Indonesian language. After that the data that had been obtained will be transcribed, and then classified the data. The last process is analyzing the data with the theory used in this study. RESULT AND DISCUSSION In this section, it collects all the data findings in result section and to be related with the theories provided. The data has founded is Multilingualism, Factors contribute language choice and the effort in Maintaining the Indonesian Language. Result In this section, it presents all data analyses gotten by related to research question number one, two, and three. In this part, there is no theory to be discussed which relate to the result. It will answer three research questions; language used, factors contribute language choice, and maintain Indonesian language. Then, the result is explained in the following parts: Language Used by Chinese Families in Surabaya The three Chinese families were known as multilingual families because they were able to speak in three languages; Mandarin, Indonesian and English. These languages have its position and function towards these families. The position and function of these languages will be explained below: Mandarin Language Mandarin was one of languages that were used by three Chinese families in Surabaya. Mandarin still considered as minority language and not all people in Surabaya understood and wanted to spoke this language. As the result, Mandarin was only spoken by people who able to speak this language, such us Chinese who worked at international Chinese company and Mandarin teacher who used Mandarin in teaching and learning method in school and Mandarin course places. It had been spoken also by the elder who had been living in Surabaya in past time but it did not now. The children also argued that Chinese was important but they did not speak it because they were not living in country where Mandarin is positioning as Majority. This opinion was gotten from the subject of the study that both children and parents were giving the same opinion about their ethnic language. The conversation is written below: Data 1: Mother A: menurut saya bahasa Mandarin itu penting karena menunjukkan identitas kami sebagai orang Cina. Tapi bahasa Mandarin jarang dipakai jadi saya tidak ngomong dengan bahasa Mandarin. Dan juga menurut saya bahasa Mandarin terlalu ribet dan sulit. Saya cuman bisa sedikit tapi hanya dipakai sama saudara dan temen. (I think Mandarin is important because it shows our identity. But, I also understand that it is not a majority language to be spoken in Surabaya because in here people use Indonesian. And it is also considered to be difficult. I only speak a little with my sibling and my friends). In this case, mother A only used Mandarin with her friends but only a little. This was because she did not speak well and it was too difficult. Mandarin language was only a sign to show her identity. Indonesian Language Indonesian language is the majority language that is spoken by people in Surabaya. Since Mandarin did not inherit to the three Chinese families, Indonesian was known as their mother tongue. Mother tongue is the language that is used and taught by parents to their children in daily activities and the result of mother language usually comes up as the first language of the children and parents. The evidence of Indonesian language as mother tongue for Chinese family can be seen on the information of each parent below. Table 1. The evidence of Indonesian language that is used as mother tongue Mother A Mother B Mother C bahasa indonesia ya bahasa ibu dikeluarga kami. Soalnya dari kecil orang tua ngomongnya ya pakek bahasa Indonesia. (Indonesian is our mother tongue because it inherits by my parents). dari kecil saya pakek bahasa Indonesia, soalnya orang tua kalo ngomong ke kita ya pakek bahasa Indonesia. (I use indonesia since I was a kid because my parents also speak Indonesian to us). I was speaking Indonesian when I was a kid because parents taught that language to me. Meanwhile, we are living in Surabaya, so we must understand about Indonesian. From the table above, it proved that the three Chinese families used Indonesian as mother language because they were living in the area where Indonesian was used by people surrounding. In addition, the old generation also taught them spoke Indonesian. So, Indonesian was recognized as Chinese mother tongue. English Language English was the language that was also used by three Chinese families. English was becoming their language because it had an important role in many aspects: education and job opportunities. It was also known as International language and positioned as foreign language. English was one of foreign languages that are taught at every school since a long time.it was seen that Child C learnt English since she was a child. And it was also her language used. Data 2: Child C: yeah,, My parents taught me English since I was a child. They also sent me to English course. From the information above, English was her language used. It was proven that she her parents taught her English when she was a child and they also sent her to English course. It means that she used English as one of her languages used. On the other hand, English became a dominant language used by three Chinese families in Surabaya. It was argued by Family A and B that English must become the children's dominant language. They are stated as follow: Data 3: Father A: kami sudah terbiasa ngomong pakek bahasa Inggris. Itu sudah terbiasa karena digereja dan tempat kerja ya bahasa inggris yang dpakai. Di rumah kami juga ngomong pakek bahasa inggris. ya biar tambah lancar aja apalagi sama anak saya. Wajib itu mbak, meskipun gak setiap hari. (we used to speak in English. it is so because I speak it in church and working place because English is used there. I also speak English at home. it is because we will be fluent in it, especially with my children. It is a must even not in everyday communication). English became a dominant language to family A because they used to speak English almost in many domains: church, home, and working area. Father A supported his statement that English was also used at home in order to fluent their family English speaking. And it was strongly said that "wajib itu mbk meskipun gak setiap hari (it is a must even not in everyday communication)". So, from the statement above, English is recognized as their dominant language. It was proven that three Chinese families were multilingual families because they were able to speak in three languages; Mandarin, Indonesian, and English. Indonesian was their mother tongue because it is inherited through generations. Mandarin was their ethnic language that is functioned to show their identity, and English was used as their dominant language use. In this case, they are considered as multilingualism, this is the ability of speaking more than two languages Factors of Choosing English Language There were several factors why did three Chinese families choose English as their language communication. The factors are represented in the form of tables which consists of; modern era, communication, education, future carrier, and language habit. Here are some factors why did these families choose English. Modern Era See the advanced of high technology in modern era, it is proven that there so many communication tools with high technology that are used to interact with other people in order to get an easy ways to communicate with them. High technology facilitates the people to interact with people who live in foreign country. The three children were used English to chat with their foreign friends through social media. In this case, high technology helped them to interact with people who had long distance. The table below shows about English as language choice to interact with their foreign friends through social media. Table 2. Language Choice by Child A, B, and C in Modern Era Child A Child B Child C I like to speak in English with my foreign friends in social media. In social media, I am used to speak English with foreign friends. I have chat friends from Singapore. She is the daughter of dad's friend. I am used to talk with her in English. So, I like it. From the information on the table above, high technology was useful for three children to communicate with their foreign friends. English was usually used in high technology. It meant that social media was one of the result of high technology that used English as main language in the display. So, with the ability of speaking English by the children is helping them in using the technology to communicate with their foreign friends through social media. Communication The choice of language in a communication is affected both for speakers and addressees. It means that the language is chosen in order to get an effective ways to communicate with one to another. Three Chinese families used English in some domains and with certain addresses. It means that they used English with people who spoke English too. It was also said that the used of English was chosen because in some domains English was used. In this case, all people used English in church domain. Family B, on the other hand used English in church, working area, and home. This was because English was the language choice in church and working area, while it was their language used at home. Mother B showed that she spoke English in church, home, and working area. Data 4: Mother B: saya ngomong bahasa Inggris di rumah, tempat kerja, sama Gereja. Dirumah saya biasanya bicara sama suami sama anak-anak juga. Kalau ditempat kerja, saya ngomong pakek bahasa inggris sama GM soalnya dia dari India. Jadi bahasa kita ya Inggris sebagai penghubung. Kalau di gereja biasanya ya ngomong bahasa inggris sama head church sama temen-temen aja. (I speak English at home, working area, and church. I speak English with my husband and children. I also speak English at the office with general manager. This is because he is from India and English is our language. If it is at church, I speak English with the head of church and fellows). The intensity of using English language was a precursor for the family to shift into English. This was because English had become their dominant language used. Education Education sometimes becomes a place where English is used in state and public school but it is most used in international school. This was shown by three children of Chinese families who schooled at international language. The use of English was crucial in there and this was an obligation of each student to speak in English. Table 3. Language Choice by Child A, B, and C in Education Child A Child B Child C I speak English at school with teachers and friends. At school, I speak English with my teacher and friends I speak English at schools with teacher and friends The choice of English in school area is obvious. This is because it is the dominant language used in school. The school of three children is international school and English is language used in there. English is used to communicate with teacher and students in the classroom and used with friends outside the class. Future Carrier Future carrier always becomes a crucial part for someone to choose a language that gives a big role to the successful in working area. English is the language that gives a big contribution in future carrier. Most companies use English as one of language requirements for applicants who want to apply and get a job. Consider that Surabaya was urban city, big chance to get a good job in big companies. English must be the language that requires in there. It was argued by mother A that English was one of languages that were needed in big companies. Data 5: Mother A: pasti itu mbak. Karena pekerjaan sekarang banyak yang menggunakan bahasa inggris. Di Surabaya banyak sekali perusahaan-perusahaan yang syarat diterima untuk bekerja salah satunya adalah menguasai bahasa inggris. (ofcourse, this is because there are so many jobs that use English. in Surabaya, there are companies where one of conditions that the applicants can be accepted is able to speak in English). Saw Surabaya as urban city made mother A concerned about choosing English as one of language used in her family. This was because there were big companies that choose English as requirement for applicant who wanted to enter it. It was supported by her child who saw English as an important language for good job carrier in Surabaya. Data 6: Child A: because Surabaya is a big city after Jakarta and it is recognized as urban city where everything is in here. Everything means good education, good job, beautiful house, good technology, etc. It was argued by child A that in Surabaya had everything; good education, good job, beautiful house, good technology, etc. it means that to get all of them she must has a view to pass all of these. By learning English was one of steps to pass it because when she mastered it, she could work wherever she wanted. Language Habit The use of language in everyday communication will make this as language habit. Language habit can be a result of dominant language because it is the language used that is almost spoken. English was spoken at home as daily language because the parents wanted the children fluent their English. Father A showed that the using of English at home would make his family used to speak it. Data 7: Father A: iya. karena dengan memakai bahasa inggris dirumah kami jadi terbiasa untuk berbicara bahasa inggris.(yes, because with using English at home we will use to speak English). English was spoken in home domain where it was a crucial place to the acquiring the language that became the habit. It was supported by his child who used English as language habit because that was the perfect way in practicing of English. Data 8: Child A: Because practice makes perfect and if we think that English is important, we need to use it every day Child A said that the using of English for everyday communication was important. The used of English was showed as the real practice to make it perfect because it was because her daily language. The tendency of choosing and using English make English become the language habit. This is because they want to master English by using it as daily communication which makes English as their language habit. The factors of choosing English language show that English has an important role. The spread of English in many aspects make these three Chinese families choose English over other languages. The intensity of using English language show a precursor for these families to shift into English and it is unavoidable that these families will shift into English when they start to abandon their mother tongue and choose English as their new language. On the other hand, the precursor of shifting into English was also shown by three Chinese families because of some factors; attitude and values, social, demographic, and economic and political. The factors that give these three Chinese families precursor to shift into English will be explained below. Attitude and Values Attitude is one of the factors to occur the language shift. The choice of a language where dominant language is chosen than mother tongue will give a big tendency to them who tended to shift into English. It is show by Family A, B, and C who agreed that English has a high value. Table 4. Father A, B, and C's opinion about the value of English language Father A Father B Father C People will see us as an educated people. Because English is considered as international language and it is important. It will show our family background. It is also the language in the world that is used by various people. The spread of English in the world is admitted. So, at least, people must learn English for better future. See the Value of English and the attitude of each family make English has high status. This is because the important of learning English is no doubt. The tendency of using English is one of ways that will make them look educated which shows their background of family and by seeing the value of English these families showed the positive attitude by teach their children even used it in everyday communication. Children themselves showed the precursor of shifting into English by used in daily. Demographic Demographic is also the one of factors that contributes Chinese family who tended to shift into English, especially for the children. Moreover, English is used in big and international companies. So, people must able to speak English as one of requirements in get in that companies. All families agreed that demographic was one of factors that made them learning English in order to get a better job among other people who come to Surabaya to find a better job too. It was shown by mother A that English was one of ways to compete with other job seekers. Data 9: Mother A: intinya mbak, saya ingin anak belajar bahasa inggris agar bisa mendapat pekerjaan yang bagus. Karena banyak orang yang datang ke Surabaya untuk mencari pekerjaan. Jadi ya, dengan bahasa Inggris kami bisa berkompetisi.(the point is, I want my children to learn English in order to get a good job. There are people who come in Surabaya to get a job, so only with English we can compete with them). From the opinion that was said by mother A, it proved that the competition in urban city was real. This was because there were many people who came from another city to get a good job in Surabaya. So, the only way to compete with them was able to speak in English because in big companies must use English as one of the requirement. If people wanted to be a success people, they must start it from big companies where so many chances could be found. Chinese people, with all their vision and to see the future must being the best future was about a competition in urban city. People who live in urban city with such kind of opportunities will make Chinese people not give up upon everything. Economic and Political Economic and political factors are considered as an obvious factor in language shift. From the data gotten, economic aspect gave a big contribution for three Chinese families who tended to shift into English. Child C went to international school and English course to fluent her English ability. Data 10: Child C: I go international school and having various kinds of friends. I also go to English course to learn English. My parents said that by learning English I will be a successful person and get much money so I can make them proud of me. It was seen that by studying English since the children was a kid will let them ready to the get a better life by having a good job. Social Social gives a big contribution to the shifting of one language to dominant language used. English was used by people in wider community; Church, working area, and environment. All parents and children were used English in church. The communities (addressee) in church were used English too to communicate with others. It happened to family C who tended to shift into English. Besides school and church, environment and working area were the area where family C used English as their daily language. It happened because some of their neighbors were mixed marriage couple. Data 11: Child C: I also speak with my friend, Farah. She lives next two blocks from my house. Her family is from Singapore. The tendency of using English by all families in certain domains and addresses in some situation make them tended to shift from Indonesian into English. The obvious way is showed by the children. The condition where English is used in certain domains and situations see the precursor of language shift where English replaces Indonesian. The choices of English as communication tool and the intensity that are shown by three Chinese families show the precursor of language shift. This is because they use English almost in their daily language. The factors of language shift also become the precursor by three Chinese families to shift into English. Language maintenance towards Indonesian Language by Chinese Family in Surabaya Chinese families were living in Surabaya where Indonesian is the majority language used by people in Surabaya. However English comes to Surabaya and influence all aspects in it, still, the majority language that was spoken in Surabaya was Indonesian. It was shown by family A who cared about Indonesian language as majority language in Surabaya. It was supported a reason given by Mother A: Data 12: Mother A: iya lah mbak. Semua harus bisa bahasa Indonesia, soalnya kita kan tinggal di Surabaya. terus kalo mau kemana-mana ya dominan nya pakek bahasa Indonesia. (Yes, of course. All my family must able to speak in Indonesian because we are living in Surabaya. If we want to go somewhere, the dominant language that is spoken is Indonesian). The positive attitude towards Indonesian was showed by the family. It was shown that Indonesian is important to be learnt and spoken. Chinese family, especially parents inherits Indonesian to their children. This is because they are living in Surabaya. The positive attitude toward Indonesian that is spoken at home makes its language long- maintained. Discussion In Discussion section, it collects all the data findings in result section and to be related with the theories provided. The data has founded is Multilingualism, Factors contribute language choice and the effort in Maintaining the Indonesian Language. Those data that have been related to the theories provided will be discussed below: Language Used by Chinese Families The finding shows that both parents and children of Chinese families were able to speak in three languages; Mandarin, Indonesian, and English. Indonesian was their mother tongue because it inherited to their children. Mandarin was their ethnic language that was learnt in order to show their identity, and English was their dominant language used among three Chinese families because the intensity of using English was more than Indonesian and Mandarin. In this case, they are considered as multilingualism because they able to speak more than two languages. Quay in Auer and Lie (2007: 45) said that with the greater mobility of people and consequent cross-linguistic and cross cultural relationship, an increasing number of children are growing up with early exposure to two languages in the family. Indeed, more than two languages may be in the linguistic repertoire of the family, rendering a case of family multilingualism. Factors of Choosing English Language There were some factors that contributed three Chinese families chose English language in their daily communication. They were modern era, communication, education, future carrier, and language habit. High technology was useful for three children to communicate with their foreign friends. English was usually used in high technology. It meant that social media was one of the result of high technology that used English as main language in the display. So, with the ability of speaking English by the children is helping them in using the technology to communicate with their foreign friends through social media. In communication factor, these families chose English to communicate to because the addressees had the same potential of speaking English and because of some reasons made these families chose English; working area and neighborhood. The intensity of using English language could precursor them tend to shift into English. This was because English had become their dominant language used. In addition, the families chose English to communicate to because the addressees had the same potential of speaking English and because of some reasons made these families chose English; working area and neighborhood. Schooled in international language was the reason by three Chinese children to choice English in education area. This was because it was the dominant language used in international school. English is used to communicate with teacher and students in the classroom and used with friends outside the class. In future life factors, it was said by the three Chinese families in Surabaya that they were trying many ways to prepare their children to have a good quality of life in future. By studying English since the children was a kid, put them in international school and English course will let them ready to the get a better life by having a good job in the future. It was shown by the three Chinese families that the tendency of choosing and using English in certain domains and addresses in some situation make English became the language habit. This was because they wanted to master English by using it as daily communication which made English as their language habit. Setiawan (2013) suggests the certain reasons for language choice in bilingual or multilingual society from the city parent's view: Emblematic value, strategic reason (politeness), pragmatic reason. And the factors of language choice by Chinese families is related with the pragmatic reason that is connected to practical purposes; modern era, communication, education, future carrier, and language habit The intensity of using English is the precursor that is shown these families to shift into English which was also shown by three Chinese families in some factors; attitude and values, social, demographic, and economic and political. The factors that give these three Chinese families precursor to shift into English will be explained below. Attitude and Values Saw the important value of English made Chinese families showed the positive attitude towards English language. This was because English was considered as international language which has high value in the world. The attitude of parents by put their children to the international school showed that the important of English was obvious. It is supported by Holmes (2001:61) that when second language has status of an international language, it can contribute to positive attitude towards the language and it is chosen by the speakers over first language. This positive attitude toward the value of English made these families tended to shift into English. Demographic Consider that Surabaya is urban city, English is used in big and international companies. So, people must able to speak English as one of requirements in get in that companies. It was shown by three Chinese families who learn English to compete with other people in order to get a good job. With many populations and the competition in big city are reasons for these families to learn English. Holmes (2001:59) said that resistance to language shift tend to last longer in rural than urban areas. This is partly the fact that rural groups tend to be isolated from the centers of political power for longer. Economic It was found that three Chinese families in Surabaya were trying many ways to prepare their children to have a good quality of life in future.by studying English since the children was a kid will let them ready to the get a better life by having a good job. It is supported by Holmes (2001:58) that economic is the factor that leads community to shift from using one language to another language by seeing an important reason for learning the second language to get a good jobs. Social The tendency of using English was showed by all families in certain domains and addresses in some situation make them shift the Indonesian into English. It is supported by Myers-Scotton (2006) that in case after case, when a younger generation is exposed to a more dominant language in the nation than the L1 (through schooling and school peers) and it is hard to stop a shift to that second language by the next generation. The effort in Maintaining the Indonesian Language The important figure to maintain Indonesian is parents. And all three Chinese family has already shown the effort to maintain Indonesian by inherit it to their children. And the most obvious effort was that the use of Indonesian in home domain, even only a little. This is one of the ways to maintain Indonesian. Children used it to appreciate the Indonesian speakers and the appropriate ways of language contact with Indonesian speakers. The positive attitude toward Indonesian makes its language long- maintained. It is supported by Chaer and Agustina explain that language maintenance is the matter with the attitude to be consistent in using a language among other languages (1995: 193). CONCLUSION AND SUGGESTION In this chapter, there are two sections that are displayed. Those are conclusion and suggestion. The conclusion is drawn based on the results and discussions that relate to the statement of the problem in this research in the chapter 4 which also presented. In addition, the suggestion is the section to give any information or advice that will lead the further researcher related to the area of language shift and maintenance in specific and sociolinguistic in general. Conclusion Three Chinese families are known as multilingual families because they are able to speak in three languages; Mandarin, Indonesian, and English language. Mandarin is known as their ethnic language because it has a function to show their identity. Indonesian is known as their mother tongue because it inherits through generations. English, on the other hand is known as their dominant language because the intensity of using English was more than Mandarin and Indonesian. Regards to the multilingual family, they use the three languages in different domains and addressees. There are some factors that support these families choose English as language in communication. They are modern era, communication, education, future carrier, and language habit. In addition, the choice of English because of those factors gives a precursor for these three Chinese families, especially for the children. It is also shown that they tend to shift into English. The factors contribute language shift appear in three Chinese families that show the precursor to shift into English. The factors are attitude and values, social, demographic, and economic and political. The choice of English becomes the precursor of these families to shift into English. The shifting may be happen if the children show the negative attitude towards Indonesian which can be said that they abandon their mother tongue and replace it with the new language. The positive attitude that is showed by three Chinese families is the way to maintain Indonesian. Besides, Indonesian language is known as mother tongue of each family, it is considered as the majority language used by Surabaya people. So, these make three Chinese families maintain Indonesian language. Suggestion Through this study, it can be seen language shift can occur to anybody and any situation even the process to become shifting. Language shift and maintenance are the obvious situation that can happen to all people in a city, country, even village. It is just the way and effort of every people to shift or maintain their language from the changing of culture, language, or even economic. The researcher hopes that the study of Language shift and maintenance by non-migrant community; Chinese families in Surabaya who show the precursor of language shift would help the next researchers to find more phenomena about language shift and maintenance that is done by other ethnics who come from non-migrant community in Surabaya. The next researcher may use the theory from Joshua A. Fishman about language shift. REFERENCES Chaer, A., & Agustina, L. (1995). Sosiolinguistik Suatu Pengantar. Jakarta: Rineke Cipta. . Holmes, J. (2001). An Introduction to Sociolinguistics. England: Pearson Education Limited. Liu, H. (2005). The Transnational History of a Chinese Family: Immigrant Letters, Family Business, And Reverse Migration. US: Rutgers University Press. Loewenstain, L. K. (Ed.). (1977). Urban Studies: An Introductory Reader (Second Edition ed.). United States of America: The Free Press. Myers-Scotton, & Carol. (2006). Multiple Voices: An Introduction to Bilingualism: Blackwell Publishing. Setiawan, S. (2013). Children's Language in a Bilingual Comunity in East Java. Germany: Scholars' Press. Sharifian, F. (Ed.). (2009). English as an International Language: Perspectives and Pedagogical issues Great Britain: MPG Books Ltd. Wardhaugh, R. (2006). An Introduction to Sociolinguistic (FIFTH EDITION ed.): Blackwell Publishing Ltd. Wijayanti, R. D. (2008). language shift and maintenance found in bataknese families in surabaya. Universitas Negeri Surabaya, Unpubliced. Windarti, L. (2007). A Study of Language Shift Among Flores People In Surabaya. Universitas Negeri Surabaya, Unpublished. http://www.surabaya.go.id/profilkota/index.php?id=22

MARCH, J900 Qettysbur Mercury CONTENTS. The Power of Ignorance, 1 Remembrance, 8 The Death of King Solomon 8 The Uses of Dreams,. 13 Editor's Desk, 17 A Word Deserved, 18 Meeting of The Pennsylvania College Alumni Association of Harrisburg, 19 The Veil of Separation 20 The Dead on Expansion, 21 The Old Chief and The Black-smith, 22 Why We Broke Camp, 27 At The Breakfast Table 30 GETTYSBURG COLLEGE LIBRARY .GETTYSBU^!§bRG C DUPLiCfA'. i FAVOR THOSE WHO FAVOR US. For Fine. Printing go to CARLISLE ST. GETTYSBURG, PA. C. B. Kitzmiller Dealer in Hats, Caps, Boots and . Douglas Shoes GETTYSBURG, PA. Have you an assured -&&& R. I. ELLIOTT Dealer in Hats, Caps, Shoes and. Gents' Furnishing Goods Corner Center Square and Carlisle Street GETTYSBURG, PA. EDGAR S. MARTIN, F^CIGARS AND SMOKERS' ARTICLES. %/& tgr? Mr* Chambersburg St., Gettysburg. Would you try for a government posi-tion, if you knew just how to am" and the kinds __ positions from which you can choose, and what to do to insure your getting on the list after you have applied 1 The Government of the United States is the best of employers. Fair compen-sation, regularity of payment, reason-ably sure tenure, tasks not too difficult, i ana hours not too long, offer strong at-tractions to young personsof both sexes whohavenosettledincome. Manyenter Government employ, spend their spare i hours in studying law or medicine, or finance, and save enough from their salaries to start In a professional or business career. We have just published a book from whlchemy candidate may learn just what is necessary and wliat tinnecessary in | brushing up his studies for an examina-tion: and what his chancesare, all things considered, for making his way into the I Civil Service, and staying there. The title of this book is "How to Prepare i'or a Civil Service Examination ; U Hh Recent Questions and An- , swers." It contains all Information which any candidate would require to firepare for any competitive office under he Government, and includes a "Ten weeks1 Course of Study,"ln the form of questions actually asked at recent ex-aminations, with the correct answers to , them. Besides the technical require- ' menta. It also covers all the elementary branches, like arithmetic, spelling, pen- | manship, geography, letter writing, civil government, etc., etc., so that one who masters this course of study would not only pass well an examination for o, yov- , ernment position, but would be cure of I preferment over other applicants for a clerkship in a business house. CLOTH—$2.00 Postpaid—560 PAGES Another booJciree(Quick atFigures)if you mention this paper when ordering. mros & NOBLE, Publishers ' 4-6-13-14 Cooper Institute, N. Y. City SchoolbooTcs ofall publishersat one store .THE. GETTYSBURG MERCURY. VOL. IX. GETTYSBURG, PA., MARCH, 1900. No. 1 THE POWER OP IGINORAINCE. [ABSTRACT OF A LECTURE BEFORE THE TEACHERS' INSTITUTE, JANUARY 27TH, BY PROF. O. G. KLINGER.] I AM here to engage your attention for a little while in a sub-ject which is too seldom considered, but rich in educational value. It is the " Power of Ignorance." We often hear of the power of knowledge—it has been the pet theme of platform speakers for many generations ; but who has stopped to consider the power of the unformed intellect, or of the intellect developed but dominated by some blinding prejudice, or pride of opinion ? And yet Ignorance has played as mighty a part in the world's drama as Knowledge. All the domain which Knowledge calls her own has been wrested from Ignorance. Ignorance, dark, gloomy, superstitious, destructive, first; knowledge second—at the beginning a glimmer, a mere insight, a guess, and then a growing light—at the present a great luminary, an hour above the horizon. All that makes our nineteenth century habitable for men and women, such as you, is the product of advancing science. No other age has been so great as our age, because Knowledge has stricken off the shackles of superstition, shaken the obstinacy of bigotry, deepened the sympathies, augmented the value of human life, converted the forces of nature into servants, established the dignity of self-hood, brought freedom to light, conquered the ocean and annihilated space. Her advance has been in the face of Ignorance, which at each moment has con-tested with pen and fire and sword her progress. My object this evening will be to set forth as clearly as I may be able the power of this antagonist of knowledge, that in the light of it you may see more clearly the sanctity of freedom of research, freedom of thought, and freedom of speech. QETTYSBU*G COLLEGE LIBRARY GETTYSBURG, PA^ THE GETTYSBURG MERCURY. Remember, that knowledge is power only when it informs some human will, and directs some human choice. Knowledge concealed within the lids of books is not power—it is so much waste paper so far as the world's progress is concerned. It must possess the mind, illumine the intellect, impel the will in its choices, and become a human force. And by ignorance I mean the mind that is not informed, a will that makes its choices in the dark ; a htiman force without direction. But this is not the only kind of ignorance. It has happened in the world's history that men and nations of large culture have been so dominated by pre-judice, by pride of opinion, by love of party, by bigotry, as to avert from themselves the best blessings which the merciful Father had designed for them. There are wise fools in the world as well as dullones, and bigotry, which is but a form of ignorance, has been a great obstacle in the path of progress. Our thought must search for its illustrations in the cabinet of History, and they will not be difficult to find. Every page is re-plete with them. We take those that strike the eye first, because of their magnitude—conspicuous examples of the blighting effects of gross ignorance, and the more refined but less hopeful bigotry. I refer to the Barbarian invasion of Rome, the fall of Alexandria, the massacre of St. Bartholomew, and England's loss of her American Colonies. The tidal wave of ancient civilization, which took its rise in Egypt and the Mesopotamia, never flowed farther north than the Black Sea, the Carpathian mountains, and the Rhine river. Be-yond these boundaries lay in dark obscurity the terra incognita. Of this whole, vast, indefinite stretch the ancients had only the most meagre information, and they peopled it with the most hor-rible, most fantastic creatures of the imagination, as children fill the dark with hobgoblins and spooks. And as though their fears had been prophetic, out of this very region were to come the forces which would overturn their government, raze their cities, crush their pride, and extinguish their culture. The old civilization reached its maximum development in Greece and Rome—the former leading and the latter following in the sequence of history. In Greece it was expressed in a litera-ture and art the most perfect the world has ever enjoyed ; in Rome it took the form of an architecture, " full of expression of gigantic power and strength of will." The former gave to the THE GETTYSBURG MERCURY. world the Parthenon ; the latter the Coliseum. The former fur-nished ideals of the beautiful; the latter ideals of social order. Greece has since been the teacher of all that pertains to the aesthetic nature ; Rome of all that pertains to government and jurisprudence. ?j£ ?|s *f% yf* 5|* 'J^ *f* *"p While Greece was achieving her greatest triumph—while adorning her cities with the most exquisite art, perfecting her language, and evolving her beautiful philosophy ; while Rome was rearing triumphal arches, sending nation after nation under the yoke, and welding together the whole civilized world into one massive empire—up in this region of the north there was a strange restlessness, of which the southern nations never dreamed, but which forbode for them the most direful consequences. A dreary stretch of forest, reaching from the Rhine to the North Sea, unbroken save here and there by patches of cultivated land—a wilderness of mighty trees, which bowed their heads be-fore the Blusterer of the north, or sank beneath the weight of years, but at whose root the woodman's axe was seldom laid— whose deep recesses furnished safe retreats for bear and the wild-boar— such was Europe in the third century Anno Domini when the Goths first emerged from its retreats and stood upon the banks of the Danube. Great people they were, tall and massive of shoulder, with great swelling muscles—a giant each one, whose tawny hair, reaching to the shoulder, was his especial pride. From under shaggy eye-brows gleamed eyes which seemed cut out of blue Arctic ice, reflecting every flash of passion, and terrible when lit up with the rage of battle. Great animals, with the germ in them of great souls, true to their word, loathing nothing so much as shame and cowardice, with heart attuned to carnage, afraid to die elsewhere than on the battlefield—whose Heaven even was a Val-halla of eternal conflict—such were the Goths. Beyond them towards the east dwelt the Huns, a Tartar tribe. Let Gibbon describe them : '' These savages of Scythia were com-pared to the animals which walk very awkwardly on two legs. They were distinguished from the rest of the human species by their broad shoulders, flat noses, and small black eyes, deeply buried in the head ; and as they were almost destitute of beards, THE GETTYSBURG MERCURY. they never enjoyed either the manly grace of youth or the vener-able aspect of age." To render them more hideous still, while they were yet of tender age their parents gashed their cheeks with knives that their faces might look more ferocious with the ugly scars. They were so constantly on horseback that their legs received the curve of the horse's body. Their hideous appear-ance was a true index of their character—ruthless, lustful; they struck terror into the hearts of their enemies on the field of battle. Beyond them dwelt another tribe of people, of whose origin we know nothing, and of whose character we know little. The Sienpi were the natural enemies of the Huns, into whose terri-tory they made frequent incursions. Brave and savage, skilled in the use of such weapons as they had, they were able to chill with terror even the hearts of such creatures as the Huns. It is probable that under the pressure of these implacable foes the Huns migrated from their ancient seats, near the Chinese Empire, towards the west. Their coming in countless hordes was an astonishment to the valiant Goths, who trembled before their uncouth enemies and retreated before their onslaught. Thus it happened that in the fourth century of our era, the Goths suddenly appeared upon the banks of the Danube and besought a refuge within the bounds of the Roman Empire. Their petition was at length granted, and the fate of the South was sealed. At once, on the death of the great Theodosius, occurred the revolt of the Gothic tribes. Under the leadership of Alaric, after various vicissitudes, they traversed the country from the Danube southward and sought a rich harvest of fame and treasure in the fair land of Greece. Passing, without opposition, through the pass of Thermopylae, they ravaged the whole country to the plains of Sparta. *A* *A* *1* *±* *1^ *Jf* ^^ *^ *f* ^ *j* *r» *T* *T* *r* 'T* You have read of, even if you have never seen, the devas-tating power of the cyclone. The sun rises upon a stretch of prairie, beautiful with swaying grain, and dotted with towns and villages. The sky overhead is flecked with shredded clouds, which reflect and refract the sun's rays—distant prisms of hazy texture. Suddenly from out the sky, with scarcely a moment's warning, comes a mighty shadow. Your ear is startled by the deep bellowing of winds as they struggle in the upper air. Dower THE GETTYSBURG MERCURY. and lower they force each other in their whirling conflict. The one from the west hurls back the one from the east, and, with in-conceivable rapidity, the storm-cloud, lightning-riven, skims the earth. You know the rest. The sun sets at evening upon a blighted land, filled with ruin and death. \1A *JJ «X* *.IA »L* *±? ^f *!_.* if* if* *f* ^f* *J* ^T* *J* 'I* The passing of Alaric and his Goths left Greece stripped of her beauty ; her temples lying in ruins; her sculpture broken and stripped of its golden plates ; her towns and villages a mass of burning embers. '' The whole territory of Attica, from the prom-ontory of Sunium to the town of Megara was blasted by his baleful presence ; and, if we may use the comparison of a contem-porary philosopher, Athens itself resembled the bleeding and empty skin of a slaughtered victim." The cyclone of ignorance has passed, and what the centuries had achieved of all that ap-peals to the aesthetic nature was in a day destroyed by the barba-rians, whose natures were insensible to the allurements of beauty, except as it was expressed in the grace and symmetry of the female form. Alexandria, founded at the mouth of the Nile by Alexander the Great, and coming under the sovereignty of Ptolemy Soter, and afterwards of his son, Philadelphus, became under their fostering care, and by reason of its location, the foremost city of its day, and the real center of the Hellenistic world. It was from her that the Romans received the Greek civilization, which wrought such a miracle among them ; from her that the literary and artistic in-fluences went forth to mold the taste of Europe ; it was in her that poets and critics wrote and labored in the Hellenistic period. For the Ptolemies were patrons of art and literature, and invited to their court the learned from all parts of the world. To facili-tate research, a great museum, similar in character to our modern university, and a great library were established. Here were gath-ered the manuscripts of all the Hellenic writers, great and small. These the scholars of Alexandria, from the third century B.C. downward, sifted, preserving what was of value and destroying what was worthless. The works of the great thinkers, from Homer to Demosthenes, were edited, and their scholia form the foundations of all modern critical study. This happy state of things continued until the time of Bishop THE GETTYSBURG MERCURY. Theophilus, " the perpetual enemy of peace and virtue ; a bold, bad man, whose hands were alternately polluted with gold and blood." This narrow-minded bigot, caring only for power, knowing little of the glory of Greek literature, and caring less, pillaged the library, destroyed the compositions of ancient genius, and forever impoverished the world of scholarship. " Nearly twenty years afterwards, the appearance of the empty shelves ex-cited the regret and indignation of every spectator whose mind was not totally darkened by religious prejudice." Nor did the exquisite art which adorned the streets, as well as temples and private homes, suffer a less bitter fate. Images of gold and silver were melted, and those of inferior material were broken to bits and cast into the streets. Thus could religious fanaticism, inflaming the heart of an unscrupulous, ecclesiastical politician, and blinding his eyes to the enormity of his crime, subvert and destroy in a few hours what scholarship had accumu-lated during six centuries of labor. *J* 5JC ftfi *jC *fs 3j£ ?JC 5JC The darkest page in the history of France is that which re-cords the power and influence of the Guises. Hand in hand with the Queen-mother, Catherine de Medici, they labored for the ex-termination of the Huguenots. To trace here the intricate schemes, the diabolical plottings, the attempts at assassination, the submission of truth and honor to accomplish their design, would require too great a space. After unwearying effort, con-tinued through several years, they at length succeeded in winning the King's reluctant consent to the massacre of St. Bartholomew. At a given signal, in the early morning, the work of destruction began with the murder of Coligni, and when it ceased three days later, fully thirty thousand Huguenots had miserably perished at the hands of the Catholics. The persecution of the Protestants of France continued with varying degrees of savage intensity until the time of Louis XIV. This monarch, when old, was tormented by the memory of his many evil deeds, and sought some way in which he might atone for them before Almighty God. That way was suggested by his Queen, Madame de Maintenon. In pursuance of her awful plan, L,ouis revoked the Edict of Nantes, and outlawed every Huguenot who refused to embrace the Catholic faith. By this act of religious bigotry '' fully three hundred thousand of the most THE GETTYSBURG MERCURY. skillful and industrious of the subjects of Louis were driven out of the kingdom. Several of the most important and flourishing of the French industries were ruined, while the manufacturing interests of other countries were correspondingly benefited by the energy, skill and capital which the exiles carried with them." Many of them found their way to America, and their descendants have been among our most distinguished citizens. It is hardly too much to say that France has never recovered fully from the disastrous effects of Iyouis' infamous policy. *(£ 5jC 5|C ^|C 5J» *j£ *(> *1^ In the history of the world it has never been the privilege of any other nation to have such colonial possessions as had England in the New World. Her government of the colonies was one colossal blunder from the beginning, but it remained for the ob-stinacy of George the Third to alienate them wholly and convert them into "a government of the people, by the people and for the people." " He had," says Green, " a smaller mind than any English king before him, save James the Second. He was wretchedly educated, and his natural powers were of the meanest sort.'' He had but one idea—to embody in himself all the powers of the government. " Be a king, George," had been the contin-ually repeated exhortation of his mother from his early youth, and to be a king George thought he must be a tyrant. The story of his tyrannical acts which before twenty years had passed by had driven the American colonies into revolution and independence, and brought England to the verge of ruin, is known to every schoolboy, and would be a twice-told tale if repeated before this audience. L,et it suffice that we in America owe the government, of which we are so proud, to the conceit of one who was the most conspicuous failure that ever disgraced the English throne—to him we owe all, but for it all owe him no thanks. *«i* xL* *1* ^U -J-* *£* •& ^S ^^ *X* *T* *T* *T* *T* I am done. My effort has been to suggest to you the de-structive and pernicious power of ignorance in some of its most common forms. In spite of advancing science, superstition and bigotry and fanaticism still persist, though happily their power is limited in our day to the pen. Our eye is set on that day, no longer far removed, when freedom of thought and speech shall no longer be challenged; when the minds of scholars shall be free from prejudice; when the common man of our land, as in ancient 8 THE GETTYSBURG MERCURY. Greece, shall be able to appreciate arid to enjoy the finest art and literature; when in the workshop and on the farm, at the anvil and before the mast, we shall have men who think. The dawn has already broken; the full day will come in its own good time. REMEMBRANCE, If, perchance, in days to come, A truant thought strays back to me, Pray, believe the kindest ones In turn, are entertained of thee. As the sands along- the shore, To-day are thrown upon the beach, And to-morrow waves return To hurl them far beyond our reach; So the friends of yesterday, The ones we always held so dear, Quietly vanish from our sight, And leave us waiting, lonely here. —B. THE DEATH OF KING SOLOMON. THE king paused in his walk and, leaning against one of the tall pillars of the porch of the palace, gazed long at the flashing glory of the temple which rested like a diadem upon the brow of Mount Moriah. The sun had set ablaze the towering pinnacles of the building, and the burnished gold burned and flashed in the red rays of the setting sun. Already the purple shadows were creeping between the columns, and as the king gazed his face was exceeding sad and the shadows on his brow were deep as those between the columns. His waving hair was whitened by the frosts of three score winters. His eyes had not lost their piercing gaze, but his forehead was furrowed by care and his face had much of the sadness which too much self-indul-gence and the too familiar knowledge of the heartless world en-gender. His cheekbones were high and his chin rather promi-nent. The very spirit of majestic command seemed expressed in all his features. Yet withal, there could be traced about the mouth and eyes those delicate markings which are the imprint of a kindly, generous nature, and which contradicted the cynical THE GETTYSBURG MERCURY. expression which sometimes swept like the hand of a demon across his features. In his eyes and towering forehead there was a suggestion of that gigantic intellect which had grappled with all the problems of the universe. Kindly, just and God-fearing, yet self-indulgent, and led astray in his quest of happiness, the sadness which burdened his great soul was mirrored in his coun-tenance. Solomon, the mighty ruler, the matchless judge, the wisest scholar, the profouudcst philosopher and the learned psy-chologist— this Solomon, was old, and weary, and brokenhearted, troubled by the disasters to his great empire, which he foresaw, sad at the thought of many wasted years. As the sun sank below the horizon, he turned away from the temple and cast a momentary glance at the magnificence about him ; then with a gesture of contempt, he walked slowly into the cool, shadowy gardens of his palace. Long but slowly he paced among the shadowy paths, engaged in profound thought. It seemed as if his God, with whom he had once walked very inti-mately, granted him a knowledge of the close approach of death ; for suddenly he straightened his stooping shoulders and lifting his hand beneath a light where the gesture might be seen, he summoned the ever alert attendants. It was the king's will that the court be summoned. Swift runners sped from palace to palace in luxurious Jerusalem. Lords and courtiers rose from banqueting tables and hastened, wonder-ing, toward the palace. For had they not been summoned by the royal word ? And who in all the land might delay when King Solomon called? Surely, none. The great hall of justice was ablaze with light. Throngs of whispering nobles were the evidence of surprise at this night summons. Suddenly all were hushed. The heavy curtains at the royal entrance had been held aside and now the solitary figure of the king moved past the kneeling nobles to the great throne of ivory and gold. The king took his seat between the huge, crouching, golden lions and looked awhile in silence from one face to another. Some were old and tried friends and counsellors who had been with him when as a young man he had received the sceptre from the hand of Israel's God and his father, the royal David. Others were younger, and as his eye glanced from one to another, he thought of their fathers, some of whom were mighty warriors, others wise counsellors. IO THE GETTYSBURG MERCURY. At length bespoke: "Oh Nobles, I have summoned you hither this night, at this unaccustomed hour, to bid you farewell. This evening, for the last time, I saw the red light of the depart-ing sun kiss the house of our God, resting upon it like a beuison from the Most High. "I go unto my fathers. To-night, ere the first rays of the morning sun laugh on the waters of Jordan and wake our queenly city from her slumbers, I go on the last, long journey. I am old and very weary of life, and I go to the grave, whither ye all are hastening. '' Oh Nobles—Counsellors and Warriors—ye whose heads are hoar, and who follow me soon, long have we labored together for beloved Israel. Some, perchance, even knew my father, David. Oh, grey-heads ! your king loves you. " And ye, whose raven locks the frosts of many winters may yet whiten, sons of mighty men, my young men, your king loves you not less. Be ye faithful as your fathers to the God of Israel and your king. " Ye have seen my race, which now is nearly run. To the dominions of my father I have added, and have made Israel ex-ceeding strong and mighty. Ye, too, saw me turn aside from following after Jehovah. Ye know the punishment—how I must have this fair kingdom rent and torn from me. But know that the God of Israel, in his measureless kindness and mercy, which are even as the fathomless space of the whirling orbs, has par-doned my transgression and forgiven my sin. " Now the hour is come and your king goes to the court of the Ruler of the universe. My nobles—counsellors, warriors and statesmen—remember your love for Solomon and stand faithful. Turn ye not aside after riches and honor. 'A good name is rather to be chosen than great riches, and loving favour rather than silver and gold. The rich and poor meet together; the Lord is the maker of them all. A good name is better than precious ointment; and the day of death than the day of one's birth.' " 'Fear God and keep his commandments, for this is the whole duty of man. For God shall bring every work into judgment, with every secret thing, whether it be good or whether it be evil.' " But the night flees and my strength fails. This night, ere the rosy morning descends from the hills and touches the purple vineyards, I will to be borne to my palace which is beyond Giloh. THE GETTYSBURG MERCURY. II For, oh Nobles, know that a weary old man wishes, in his weak-ness, to look once more upon his pleasant palace which gleams in its whiteness, amid the green gardens, and from there be gathered unto his fathers. ' Then shall the dust return to the earth as it was, and the spirit shall return unto God who gave it.' " And now, fare ye well, my Lords ; may the mighty God of Israel be with you. Oh my children, a long farewell." The king stood for a moment with hands outstretched in bless-ing over the silent, awe-struck nobles, then moved with calm and composed step down from the throne at whose base the world had bowed. He gazed a moment longer at the assemblage of grey-headed men, who were separate ; then with a last majestic wave of the hand he passed from the judgment hall and the sight of his nobles forever. He hastened to his waiting chariot and was borne slowly along the road which leads to Hebron. His palace and gardens, with their pools which lay like three turquoise amid a sea of emerald, were his destination. Only once did the king rouse himself from the reverie into which he had fallen. As the white splendor of Jerusalem, bathed in the tropic full-moon, was disappearing behind him, he stood up in the rocking chariot, and with a gesture of matchless dignity, bade a last adieu to his queenly capital. Then he lapsed again into reverie. And of what did he dream? Who can say? Perchance it was of the future, per-chance of the past. Of that past when he ruled at Jerusalem, while the wealth of the world was poured in front of the lions of his ivory throne. The memories of a sacred and glorious past must have thronged upon him. Along this very road the mighty David passed and repassed. Here he had kept his father's flocks as a youth. Back and forth in this vicinity the jealous Saul had hunted him. Yonder, in the velvetry blackness, sleeps Rachel, the beloved of Jacob. There, alone, through the centuries, her ashes rest. A little farther on, at Giloh, the house of Ahithophel, the faithful counsellor of David, suggests its train of memories ; or perhaps some glorious vision of this plain, as it was destined tq appear, bathed in glittering light and echoing to the " Glory, in the Highest" of the angels, may have been vouchsafed to this son of David. And now, beyond Giloh, the chariot approaches the palace, 12 THE GETTYSBURG MERCURY. in the midst of its gardens. The weary old monarch steps from his chariot as he has done so often before at this spot. Hither, in the past, he has come in the dewey morning to find rest and quiet. And now, in the evening of his life, the king comes to his beautiful gardens to die. How the heart of that mighty ruler must have grieved as he looked back over the desolate years of which he had exclaimed "Vanity of vanities, all is vanity!" Slowly the king passes between the sculptured columns of his marble palace which rise, slender and graceful, to the distant roof swimming in dusky shadow; on between the two statuesque guards in their golden armor ; on, into the palace with its purple velvets and its tapestries. Fountains murmur and tinkle about him ; rare birds, strange beasts, gathered from the four corners of the world for the pleasure of this mighty potentate, are all around him. The mingled odors of many flowers float to his nostrils. But they are all unnoticed. In sad and solemn quiet the king paces slowly to his chamber. It has been whispered that the king wishes quiet and to be left alone, and the palace which in the years of the past has been filled with music and oftentimes with the sounds of revelry, seems to be without human inhabitant, and as silent as some great, white mausoleum. Only once, at the break of day, the attendants steal to the chamber of the king, and behold his form outstretched upon the couch, then as if terrified by the sight of the angel of death hovering over the king, they disappear. So, not surrounded by the nobles of the land or by sorrowing dear ones, but alone, the spirit of King Solomon stands on the •brink of the dark waters of the river of death and awaits the sum-mons of the most high God. Thus, while in communion with Jehovah, his spirit unterrified by the approach of death, is con-ducted into the council-chamber of the universe. And Israel's greatest king is dead. For "God's finger touched him," and even as the stars began to fade the mighty spirit of King Solomon had winged its flight into the unknown. Once more the lord of day ascends the dark mountains of Moab, and gleams upon the white palace which rests on the crest of a hill amid its green gardens like the white foam upon the crest of some dark-green wave of the ocean. In this palace, designed only for pleasure and joy, there is sadness and gloom. But the features of the king are tranquil and placid in death. Fven as at THE GETTYSBURG MERCURY. 13 evening the setting sun may break through the clouds and shine over the gray ocean, soothing the tired waters to rest, so now the morning sun lights up the countenance of the king and shows the perfect peace which has taken the place of the sadness and trouble. Amid the grief of a nation the king has gone to his last, long rest. —Max. THE USES OF DREAMS. C. L. '01. IT may be of interest to note at the outset some of the physical and the psychological phenomena of dreams. " A dream is a train of thought, images or phantasies, that passes through the mind in sleep.'' In dreams we lose all voluntary control over our thoughts, and our minds are, as it were, freed from all re-straints, turned out of the boundaries set by will, and left to roam at pleasure through almost infinite areas of thought and imagina-tion. Some claim that the activity of the soul does not cease for a single moment, and that dreams are one of the results of this constant activity. Others affirm, with equal certainty, that the soul has periods of inactivity and rest, when our sleep is entirely devoid of dreams. But does it not seem more reasonable that we forget our dreams, or rather fail to recollect them ? It is true, of course, that the action of the soul during the hours of slumber is much more feeble than during waking hours, but even this statement cannot be made without exception. Un-doubtedly the imagination is, at times, more lively in sleep than at any other time. A person, whose imagination is notably dull and lifeless, can, oftentimes, especially when just lapsing into un-consciousness, picture before his mind the most lovely, Edenic bowers, fairy landscapes, and scenic views that divest even Alpine glories of their rapturous charms. Occasionally the mind is very active also during periods of somnolence. This is proved by the fact that mathematicians, after having worked for days and weeks, perhaps, on a difficult problem, have finally solved it while wrapped in sleep. Again many persons of small originality and creative genius have composed poems of a merit that would have justly surprised them when awake, and have preached sermons and delivered lectures to enraptured audiences. Some persons of little or no musical ability have in their dreams outrivaled Mozart 14 THE GETTYSBURG MERCURY. and Beethooven in their musical productions, and their render-ing of them, and surpassed Jenny Lind and Patti in their vocal successes. The idea that the ancients had of dreams was vastly different from that which prevails at present. When superstition and witchcraft were fastened to everybody's creed, when ghosts stalked to and fro in every graveyard and haunted the scene of every murder, when enchanting sprites, bewitching elves, and diabolical imps jostled each other in the minds of nobleman and peasant, a dream was thought to be something of great import-ance and of good or evil omen. As each succeeding age has broken one or more of the super-stitious fetters with which it was bound and has approached nature and nature's God, and looked at nature not as a blind in-congruous force, but as an orderly and harmonious creation, evil has been traced to its source and found to consist not in the un-accountable and uncontrollable flights of a fanciful imagination, but in natural laws that have been violated or broken. This contrast may be explained by the difference between ancient and modern philosophy in accounting for the origin of evil. In Homer the thought is often emphasized that " Dreams come from Zeus," and a dream often meant as much as the flight of birds or the con-dition of the inspected vitals. The undertaking of an important expedition or of a desperate conflict often turned upon a dream of an officer during the preceding night, and many an unsuc-cessful exploit or disastrous defeat was traced to an ill-omened dream. Just after the expedition of " The Ten Thousand Im-mortals " had started on its perilous journey toward the capital of " The Great King," Xenophon, the leader of the expedition, had a dream in which, in the midst of a terrific thunder storm, he saw a ball of lightning fall upon his father's house, enveloping it in flames. The report following the bolt waked him. He considered the dream favorable because it seemed to be a token sent from Zeus, the author of dreams. On the other hand it seemed like an evil omen in that it might be interpreted that the " Immortals " were to be surrounded by the barbarian hordes as the house had been by the flames. No doubt the wretched failure of the expedition was largely accounted for by the commander's dream. THE GETTYSBURG MERCURY. 15 Possibly no other book is so replete with stories of dreams as the Bible. It is reasonable to suppose that before the dawning of the " New Dispensation " divine communications were often sent to mortals through the media of dreams. Joseph's dreams seemed to his jealous brothers, and also to his devoted father, to be a mere idle, if not presumptuous, fancy of superiority over them. His brothers hated him because of their own interpreta-tion of his dreams. They were unable to free their minds of the unpleasant prophesies which they thought the dreams contained, so they cast him in a pit at Dothan, and then, as if to make more sure against the dreams' fulfillment they bartered him off to an Egypt-bound caravan of Ishmaelites. This " Dreamer " in-terpreted his own dream, and his brorhers were, afterwards, only too glad to make obeisance to his fruitful sheaf. Passing by many significant dreams, let us notice the dream which came to Joseph, husband of Man', the mother of Jesus. He was warned in a dream not to remain in Judea, but "to take the young child and his mother and flee into Egypt." Upon the prompt obedience to this dream depended the life of the infant Jesus. Had Pilate heeded the warning of his wife's dream, he would not have delivered up Jesus to be crucified. In these in-stances dreams seemed to be angelic messengers from God with important dispatches. We recall the dream of the late, venerable Dr. A. J. Gordon, pastor of the Clarendon Street Baptist Church, Boston, which in-spired him to write that popular book, "How Christ Came to Church." In his preface the author states that he is not so sup-erstitious as to believe that every dream has a good or a bad meaning, but he believes, as in his own dream, we may learn val-uable lessons and receive wonderful inspiration even from dreams. Indeed, there are many cases on record where a dream has in-spired the mind to accomplish a skillful and even a masterful fete. Coleridge's " Kubla Khan" was suggested to him by a dream while he sat napping in his chair. Upon awaking, he seized his pen and wrote from memory that composition. The great musician, Tartani, composed his famous "Devil's Sonata" under the influence of a dream, in which his Satanic Majesty en-chanted Tartani by his wonderful exhibition of skill upon the violin, and challenged the dreamer to a match. As soon as Tar- i6 THE GETTYSBURG MERCURY. tani awoke he took up his violin and composed, in answer to the challenge, the above named composition. In the time of Shakespeare dreams were often misunderstood, and one of the most unpleasant aspects of death was the frightful dreams which were thought to accompany it. In Hamlet's So-liloquy on Death, when contemplating suicide, the " dread of something after death"—harrowing dreams, prevents him from becoming his own murderer. "To die,—to sleep ; To sleep ! perchance to dream /—ay, there's the rub ; For in that sleep of death what dreams may come, When we have shuffled off this mortal coil, Must give us pause." It is the thought of these fearful dreams that makes him decide to bear " Those ills we have Than fly to others that we know not of." We owe a debt of gratitude to those promoters of civilization which have unveiled to us those harmless forces which were for centuries enshrouded in an awful mysticism. We recognize that dreams are simply the production of an unbridled fancy, of an imagination uncurbed by will, the "reflections of our waking thoughts." We no longer believe that to dream of gold is good luck, and to dream of silver, bad luck. We reply to such a thought the words of the proverb, " It is as idle as a dream.'' We sometimes gain some inspiration and profit from dreams, but we do not invest them with power to bring us either ill or harm. We see in them a proof of our immortality, and often associate them with our condition after death, but in no terrifying way, and as far as disturbing dreams are concerned, we may meet our death " Like one who wraps the drapery of his couch About him, and lies down to pleasant dreams." .THE. GETTYSBURG MERCURY. Entered at the Postojice at Gettysburg as second-class matter. Voi,. IX. GETTYSBURG, PA., MARCH, 1900. No. 1 Editor-in- Chief, . A. VAN ORMER, '01. Assistant Editors, W. H. HETRICK, W. A. KOHLER. Business Manager, H. C. HOFFMAN. Alumni Editor, REV. F. D. GARLAND. Assistant Business Manager, WILLIAM C. NEY. Advisory Board, PROF. J. A. HIMES, LIT. D. PROF. G. D. STAHLEY, M.D. PROF. J. W. RICHARD, D. D. Published monthly by the students of Pennsylvania (Gettysburg-) College. Subscription price, One Dollar a year in advance; single copies Ten Cents. Notice to discontinue sending the MERCURY to any address" must be accompanied by all arrearages. Students, Professors, and Alumni are cordially invited to contribute. All subscriptions and business matter should be addressed to the Business Manager. Articles for publication should be addressed to the Editor. Address THE GETTYSBURG MERCURY, GETTYSBURG, PA. EDITORS DESK. WITH this issue the ninth volume of THE GETTYSBURG MERCURY begins. The retiring staff, continuing the work of their predecessors, have delivered into our hands a journal that occupies a high place among college publi-cations of the state. Their encouraging words and helpful sug-gestion, together with the kindly expressions of THE GETTYS-BURGIAN, and. the readiness with which contributors have re-sponded to our call for material, give us encouragement. We now fully realize the burden of work that it is ours to bear; neither are we insensible of the responsibilities that rest upon us; hence we solicit a continuation of the same co-opera-tion thus far extended to us, that we may present to the students, alumni, and friends of the institution a literary journal worthy of Pennsylvania College. i8 THE GETTYSBURG MERCURY. The recurrence of the twenty-second of February naturally causes one to look back through the not yet dim vists of Ameri-can history to the days of the Great Commander, whose life is a panorama of noble, self-sacrificing, patriotic deeds. We read with admiration of his boyhood and youth ; we see his growing worth as he delivers Gov. Dinwiddie's message to the French officer ; we gaze upon him with }oy as he tells the British general how to fight the Indians ; we laud his bravery as we see him in the front of many battles, and as he crosses the raging Delaware on that fateful Christmas night; we raise our hats in reverence while he fervently implores the interposition of the God of Bat-tles in behalf of the Continental armies ; but to know his true worth we must follow him further—we must see him cast aside the proffered crown and become a private citizen; we must note his magnanimous spirit at Yorktown, read the record of his suc-cessful administrations, stud}' his farewell to the American people and follow him once more into private life ere we can fully ap-preciate him whom '' Providence left childless that he might be called the Father of his Country." A WORD DESERVED. THE business manager and the assistant business manager of the late MERCURY staff have done so much for the journal that they should receive special mention in its columns. The chief difficulty in the way of the monthly nearly always has been lack of money. Occasionally, but not often, a manager has been found who, at the expiration of his term, could give a respectable report to the literary societies. Two years ago, on account of financial embarrassment, the monthly was changed from a news and literary journal to a journal entirely literary, and its name was changed to "THE GETTYSBURG MERCURY." In the first year, during which at least one issue was not published for want of money, THE MERCURY ran in debt, and serious thought was at times entertained by the staff of giving up the paper altogether. Such was the pecuniary condition of THE MERCURY when it fell into the hands of Mr. Hamacher and Mr. Moore. As regards what was done, it is sufficient to say that at present the paper is THE GETTYSBURG MERCURY. 19 on the best financial basis she .ever has known, and considering the chaotic state in which the late staff received it, we may say-without exaggeration that Mr. Hamacher has proved himself an exemplary business manager. —H., '00. MEETING OP THE PENNSYLVANIA COLLEGE ALUMNI ASSOCIATION OP HARRISBURG. THE annual business meeting and banquet of the Pennsyl-vania College Alumni Association of Harrisburg and vi-cinity was held at the "Harrisburg Club" on the evening of February 27th. At the business meeting the Committee on Or-ganization and By-laws submitted a Constitution which, with several minor alterations, was duly adopted. An election was }hen held for the selection of officers for the current year, the following being elected : President, M. H. Buehler, Harrisburg ; Vice-Presidents, Capt. F. M. Ott, Harrisburg; Rev. D. H. Gilbert, Harrisburg; Rev. F. D. Weigel, Mechanicsburg; Secretary and Treasurer, Chas. Hollinger, Harrisburg. At the termination of the business meeting the members ad-journed to the banquet hall of the Club, the walls of which were gracefully draped with flags and college colors, while numerous palms and other tropical plants were tastily scattered about the hall. In an alcove to one side was seated a full orchestra and mandolin club which rendered classical selections during the pro-gress of the banquet. Covers were laid for forty-two and an ex-tensive menu, served in the highest style of the culinary art, was thoroughly enjoyed. The Association had the honor of entertaining as its guests prominent Alumni of the various educational institutions; Yale being represented by Hon. Lyman Gilbert, Harrisburg; Prince-ton by Charles A. Bergner, Harrisburg; Dickinson by its Pres-ident, Dr. George E. Reed ; Irving by President Campbell; Penn-sylvania College by President H. W. McKnight, Prof. O. F. Klinger and Prof. Chas. Huber ; other guests being Mr. Charles A. Kunkel, Harrisburg, and Dr. Leslie Kauffman, of Kauffman, Pa. The office of Toastmaster was ably filled by Capt. F. M. Ott, '70, and toasts were responded to as follows : "Pennsylvania Col- 20 THE GETTYSBURG MERCURY. - lege," Prof. 0. F. Klinger; "Yale," Hon. Eyman D. Gilbert; "Colleges for Our Sisters," Dr. E. E- Campbell; "Princeton," Charles H. Bergner, Esq.; "Our Rival," Dr. George E. Reed; "Our Alumni," M. W. Jacobs, Esq. Addresses were also made by President McKnightand Rev. Dr. D. M. Gilbert. This initial banquet of the Association proved to be an unqualified success and was one of the most successful and complete functions of the kind ever held in Harrisburg. The members of the association present were : Rev. T. B. Birch, Prof. C. F. Kloss, Prof J. F. Kempfer, Rev. E. D. Weigel, all of Mechanicsburg; Rev. M. P. Hocker, Steelton ; Rev. Benj. R. Lantz, Millersburg ; Rev. G. M. K. Diffenderfer, Newport; Dr. J. F. Staley, Mr. F. W. Staley, Middletown; J. S. Alleman, Esq., Arthur D. Bacon, M. H. Buehler, Jno. F. Dapp, Meade D. Detweiler, Esq., Rev. Luther DeYoe, Dr. C. B. Fager, Dr. V. H. Fager, Prof. L,. O. Foose, Rev. D. M. Gilbert, Jno. W. Hay, M. D., C. H. Hollinger, John Hoffer, Jr., M. W. Jacobs, Esq., Croll Keller, Dr. Geo. B. Kunkel, Rev. Marion J. Kline, Dr. J. B. Mc- Alister, Capt. F. M. Ott, Dr. C. A. Rahter, Rev. M. H. Stine, Dr. H. B. Walter, E. H. Wert, Esq., H. M. Witman, all of Har-risburg, and Rev. J. Edw. Byers, Penbrook. ^ THE VEIL OE SEPARATION. " Ah sir, there are times in the history of men and nations when they stand so near the veil that separates mortals from im-mortals, time from eternity, and men from their God, that they can almost hear the breathings and feel the pulsations of the heart of the Infinite. Through such a time has this Nation gone, and when two hundred and fifty thousand brave spirits passed from the field of honor through that thin veil to the presence of God, and when at last its parting folds admitted the martyred President to the dead heroes of the Republic, the Nation stood so near the veil that the whispers of God were heard by the children of men." —JAMBS A. GARFIBW. THE GETTYSBURG MERCURY. 21 E THE DEAD ON EXPANSION. XPANSION is in future the policy of our country, and only cowards fear and oppose it."—Buchanan. " It is of very dangerous tendency and doubtful con-sequences to enlarge the boundaries of this country. There must be some limit to the extent of our territory, if we would make our institutions permanent. I have always wished that the country should exhibit to the nations of the earth this example of a great, rich, powerful republic which is not possessed of the spirit of aggrandizement. It is an example, I think, due from us to the world in favor of the character of republican government." —Webster. " We are not seeking annexation of territory, certainly we do not desire it unless it should come by the volition of a people who might ask the priceless boon of a place under the flag of the Union. I feel sure that for a long time to come the people of the United States will be wisely content with our present area, and not launch upon any scheme of annexation."—Blaine. The editor of the School Gazette, after quoting the above, ex-plains that the utterances of Buchanan and Webster were made when the South sought to increase the territory of the Union, and that Blaine's statement is only ten years old. Her Dewey lips Hobsoned his, while like a Shaft'er glance, Schley-ly thrown with a Sampson's strength, pierced through his heart, Weyl'er true love was Miles away, suffering Cervera heart-pangs than this false woman could believe. "O'tis beyond me," said he," why I should Merritt this ?'.'—From the Lesbion Herald. " When you see a stately temple, Fair and beautiful and bright, With its lofty towers and turrets Glistening- in the sun's clear light, Think how soon the noble structure Would to shapeless ruin fall, Were it not for sure foundations Firmly laid beneath it all." —DR. C. H. PAYNB. II 22 THE GETTYSBURG MERCURY. THE OLD CHIEF AND THE BLACKSMITH. THE final day had come and the east was already bright with day. In golden splendor the pure sun mounted the hori-zon of a calm, cloudless sky. Its yellow rays lit up the green patches of corn and pasture in the most delicate colors and tiuted the distant mountains, stretched in majestic line far into the north, in soft purple. All was calm and peaceful. Silence seemed to rule the universe, as if it had hushed it for a great oc-casion. What an occasion it was ! Among those mountains the poor Indian was busy long before sunrise preparing with sorrow-ful mood a journey of the deepest woe and gloom. Yes, this was the day. The red man must change his home. Those hills so rich in fruit and grain were not his. The barren mountains had no place for him. He lived on the white man's ground. He hunted the white man's game. One last, lingering look on a happy home, the abode of his ancestors, his rightful inheritance, where once he enjoyed his wild day unmolested and drove his game over unclaimed land. He must go and the white man gives no farewell, no sign of sorrow, no clasp of the hand, save one, a hard laborer, an honest blacksmith. The early morning found his roughly-made work-shop at the foot of the mountains in full operation. Now the noisy anvil broke the deep silence and now the groaning bellows breathed loud and heavily, sending the black smoke far into the clear sky. Within and without in scattered heaps lay almost everything that a smith could make use of, and much more that he couldn't use at all. The workman stood by the side of the forge, his one hand bounding up and down with the handle of the bellows, the other poking at intervals the roaring flame with an iron rod. He was a large, broad-shouldered man, with slightly bended back, a re-sult of his much stooping. A thick gray beard swept his broad breast, which was partly exposed by an open shirt. His face was large and stout, of hard masculine expression, full of force and intelligence. A well proportioned head, broad, high forehead and prominent chin, showed a man of no low, trivial thought, but one of judgment and decision ; a man, who, if he would have a chance to develope his powers, might have been a genius, but by force of circumstances remained uneducated, possessing, however, THE GETTYSBURG MERCURY. 23 a great amount of good common sense, which he made use of when the occasion demanded it. As he stood by his work his brow was tightly contracted and his eyes firmly fixed on the flame. He was thinking. What were his thoughts ? Let us believe that he was thinking of the Indian. He ofteu thought of him. He pitied him. He believed that the Indian deserved a home and that he could love a home with as much tenderness and fidelity as any one else ; that he had feelings and that he had a soul as immortal as his own. Such were the thoughts of this poor workman as he stood in his shop on the last day for the Indian in his Eastern home. Suddenly a man appeared before the door. The smith, somewhat taken by surprise in the midst of his thought, quickly turned and beheld before him a neighbor; a farmer who was generally known in the community as being of a sour, selfish disposition ; a man with whom the smith could never become wholly reconciled. He was one of those many persons whose only care and thought is to en-large his borders, heap up his wealth, drive his wife and children at the first peep of day from their warm beds into the fields, and at evening reckon a profit of five cents a good day's work. He had no thought for the Indian. He hated him and could scarcely wait until he would leave the country forever. The reason for this was a selfish one. He found out that the Indians had dis-covered a silver mine iu the mountains and were working it with immense success. "They couldn't take this along," he argued, ' 'so the first man to find it would be its owner.'' He knew that the blacksmith was in close friendship with the redskins, and more than likely would know more about its locality and value than any other person in the neighborhood. He therefore came at an early hour to the shop. The smith began the conversation. " Good morning, Henry. A beautiful day?" "Splendid," replied the farmer. "They can't complain of bad weather.'' " No, they can't," answered the smith, " and I don't believe the weather bothers them much. They have other things to com-plain about; a lost home, for instance." "And lost produce and grain," quickly returned Henry. " I'll warrant they will have to raise their own now." " Henry," answered the smith with earnest expression, look-ing his visitor fair in the face, " I don't believe they ever stole a 24 THE GETTYSBURG MERCURY. cent's worth from you. You have not treated the Indian right and he knows it, and before he would steal your crops in revenge behind your back, he would meet you face to face like a man." " Well, what I see with my own eyes I guess I can believe," replied the farmer in great haste. " But whether they stole it or not, how about the mine? They can't take it along." " No, they surely can't," said the smith, sorrowfully, " but I would to God they could. Some of our greedy neighbors, ex-cuse the word, Henry, you know it's the truth, some of our greedy neighbors can hardly wait until the Indian leaves to lay hold on that mine, the only means the poor creatures have of making a livelihood. They are friendless, homeless, without pity or sympathy, and worse than all, an unknown west before them. It's shameful. But, Henry, one thing I wish with all my heart, and that is that these mountains might bury the treasure deep in their bosoms before the merciless white man pollutes it with his unworthy hand." "Come, come, come," began the other. "You're on your old subject again. That isn't the point. Some one will get it and so why not try for a share ?" No sooner had the last word slipped from the lips of the farmer than both were startled by the clatter of hoofs over the little road-bridge by the side of the shop. Henry walked briskly to the door, saw the Indian, immediately returned, somewhat paler, however, and whispered to the smith, " It's the chief." The Indian entered, dressed in all the gaudy decorations of his rank. His black silk hair fell gracefully about his muscular shoulders. His face was broad and brown, painted in circular stripes of various colors. A pair of black eyes, tightly pinched, glanced sharply over his high, prominent cheek-bones. Although old, as the wrinkles in his forehead would indicate, he seemed as agile and quick of motion as a young warrior on his first hunt. Bending himself slightly forward he made a becoming salute with his right arm, and, with eyes tenderly fixed on the old smith, ad-dressed him. '' What I have to say will not be long. You know all. The red man must leave his native hills for the barren west. The day has come when he must bid adieu to his mountain home. He comes to give good-bye to a friend. The Indian leaves many enemies, but he comes to give the blacksmith a kind farewell. He envies not his little home, his small fields, his blacksmith THE GETTYSBURG MERCURY. 25 shop. May he live in peace. May prosperity gladden his ad-vancing years. Ah, no more shall he bend his back beneath the horse. No more shall he swing the sledge. The red man's friend shall be rich in fields, proud in wealth, honored among men. The treasures of mines shall make happy his children's homes. His grand-children shall live well, they shall be truly fortunate. The Indian's silver shall be theirs and it shall prosper in their hands." " Come," continued the chief, drawing a silken scarf from his waist, " come, friend, let me bind your eyes and I will lead you to a treasure such as man never beheld before. Come, it is yours." The old smith was astonished at the chief's offer. He stood mute and silent. Recovering himself he approached nearer to the Indian and with broken speech humbly addressed him. "I thank you heartily, chief, for your ofier, but I cannot accept it. I live happy. I work hard all day long and am satis-fied with my little home and family. What do I want with all that wealth ? Why do I deserve it ? I could not rest night or day by living off of the Indian's silver. No, chief, I refuse it. I thank you for the offer, but give or sell the mine to one who could work it with untroubled conscience." The chief was greatly troubled by the smith's refusal and was on the point of pressing his offer further, when Henry broke in, his face beaming from ear to ear as though he was sure it was his already. " I'll let you bind my eyes, venerable chief. I'll take it." The Indian, with angry countenance, drew back in amaze-ment and with scorn answered him. "Youtakeit! Ah, no, no, no, white man ! Rather let it rot with the ages than have it en-rich the hand of an enemy." Approaching the smith again he kindly entreated him to accept. "It's yours, take it. Come, let me Show you your wealth ?" " No, I can't accept it," inter-rupted the smith humbly. " It would bring worriment upon my gray hairs and strife among my children. No, I can't manage so large a treasure." The chief, now aware that it would be useless to urge him further, quickly stepped forward and said : " Then, if you will not take my silver, take my hand. The mine will remain where it is. Man cannot find it. It is the Indian's treasure and ever shall be." Then bowing low before the old man he withdrew to his horse, mounted and departed for the mountains. The farmer, j| 26 THE GETTYSBURG MERCURY. not feeling very well, quietly walked to the door and was gone without a word. It was some time before the blacksmith returned to his work and resumed his place at the forge. He thought the matter over and over and finally concluded that he had done the right thing. He worked hard that whole day till evening, when he locked the shop, walked silently home and told his wife and children the whole story. They all in the old quaint way agreed that father had done the best and so went to bed and slept. The next morning the smith arose bright and early, as usual, greatly refreshed from the anxiety of the previous day. After breakfast he started for his shop, which was not far distant, thinking not so much of the fortune which he had refused as Of the wandering Indians, who must have been by that time far on their journey. Arriving at the shop he unlocked the shabby door, entered it and taking a small iron shovel from the wall stepped to the forge and began to clear away the ashes to start a fire. After thrusting his shovel several times into the heap, he became greatly astonished at the smallness of the hole. It seemed to have grown much smaller during the night. Bending over the forge he began to scrape away the ashes with his rough hand. To his surprise he found that at the bottom of the open-ing stood a bright, round kettle filled with silver blocks about an inch square. With trembling hands he lifted the treasure from its hiding place and stood it on the anvil, noticing at the same time a small piece of paper sticking out over the rim of the vessel. Drawing this gently from the blocks he unfolded it and saw drawn in rough outline the figure of an Indian, under which was written the words, " To the Indian's friend." —W. H. H., '01. " "When you see a mig-hty forest, With its tall and stately trees, Lifting' up their giant branches; Wrestling with the wintry breeze; Do not fail to learn the lesson Which the moaning winds resound, Every oak was once an acorn, All unnoticed on the ground." —DR. C. H. PAYNE. THE GETTYSBURG MERCURY. 27 WHY WE BROKE CAMP. TEIYL you a story? Well, if you have patience enough I'll tell you of an experience I had last summer vacation, while on a camping trip. You see, every summer vacation when I come home I spring it on the " old gent," that, after having worked so hard for nine months, my poor brain needs rest. Well, he takes it all in, and gives me a vacation of several weeks. Then the old gang gets together, and we go on a few weeks' loaf. Fun ? Well, I should say so. I^ast Summer, following our usual custom, we visited "Straw-berry Island," a beautiful little Island in the middle of the broad Susquehanna. Here there is but one small village of a few hun-dred population. The rest of the square mile of the island is heavily wooded, and affords an excellent place for campers. Usually there are anywhere from three to six parties camping on the island. But at the time we were there none of the others had yet arrived. Soon we were settled down, and were enjoying ourselves very much in hunting and fishing. One evening after we had been there about a week, I went to the village for our mail. When I got back, and distributed the letters to their respective owners, I took my own letters and drew apart a little to read them. The first one I opened was from my father. (You know my father is postmaster in the town in which I live, and, as it is a pretty large town, usually has large quantities of stamps, besides a good deal of money, on hand.) Well, to continue where I left off, the first letter was from my father, and the very first line conveyed to me the startling news that the post-office had been robbed the previous week of a considerable sum of money and about $400 worth of stamps. There was no clue to the robbers, and at present the officers were at a stand-still in their investigations. It is needless to tell you that I was surprised at the news. My first thought was to leave for home next day, but further in the letter father said I needn't let this spoil my fun, and that I should stay as long as I wished. So I decided to stay. The next afternoon I was appointed to run over the island in search of some stray chickens for our evening meal. I started about four o'clock, and leisurely made my way across the island. About a quarter-mile beyond the village I came upon a thick 28 THE GETTYSBURG MERCURY. clump of trees and undergrowth, situated about three hundred yards from a farmhouse. Thinking this would be a good place for the chickens, I cautiously made my way into the thickest part of the copse. Suddenly I was startled by hearing a gruff voice directly in front of me. I stopped at once, and soon heard another voice, raised in an altercation with the first speaker. He was cursing him roundly for a cheat and a rascal, saying that after having done the dirty work (I couldn't quite catch what), he wasn't going to take a cent less than half of the haul. I be-came interested in what was going on, and crept closer to the speakers, and saw two as villainous and rough looking toughs as ever I beheld. Between them they had a large bag of money, and beside the larger of them lay a peculiar oblong tin box, which somehow or other seemed very familiar to me. All at once it struck me that that was the stamp box which I had seen so often in my father's safe at home. Then it flashed upon me that these were the robbers who had so neatly eluded the officers of the law. My first impulse was to get back to camp at once, tell the other fellows about the robbery and my discovery, and then come and capture these fellows. But, on second thought, I saw it would be wiser to watch them, and find out where they took the booty. Soon the rascals came to an agreement, and decided that they would hide the " swag " until a convenient time should offer for them to dispose of it. They then picked up the bag and stamp box and made their way toward the other side of the island. It was now nearly dark, and I thought I could safely follow them. So I waited till they had gone, and then cautiously picked my way after them. After a half-hour's walk they came to a small tent pitched in a wooded hollow near the shore. They entered here, and I crept up close to catch every word concerning the disposal of the money and stamps. After a good deal of discussion they decided to bury it in the ground under the tent, and in order to do this I knew they would have to move the tent; so I quietly slipped away and hurried off as quickly as possible to our camp, and told the boys about the whole matter. They were eager to go at once, and even more so when I told them that the postoffice authorities had offered a re-ward of $500 for the capture of the robbers. Now, this meant $100 apiece for us, and we could do a good many things on $100. So we decided to go that very night. THE GETTYSBURG MERCURY. 29 We had with us several revolvers and hunting-guns. Each fellow armed himself with one of these, and was soon ready to set out. We started about eleven o'clock, and reached the village a half-hour later. Here I stepped into a store, telephoned to the police at home that I had caught the thieves, and then proceeded. About twelve o'clock we were nearly at the robbers' camp, and I told my chums to take it easy so that we might take the men by surprise. Every fellow cocked his revolver and made ready for business. We crept silently up to the tent, and, peering in, saw two dark forms lying within, sound asleep. Then we entered, and order-ing two of the boys to cover each man, I proceeded to awake the larger and tougher of them. I succeeded pretty quickly, and soon had him securely bound, and then proceeded to do the same for his partner. We found all the booty buried in the earth under the tent, and then loosening our prisoners' legs, ordered them to march on ahead. We soon reached our camp, and binding the men again so that they could not get away, we took turns at guarding them during the night. We held them till the next evening, when my father came with two officers. We all set out for home, and soon had the satisfaction of seeing the malefactors in prison. In due time we received the reward. I saved mine, and father added a substan-tial sum to it. That's the reason I am flush this term. Come up town and have some oysters on me, the whole gang. — " APFI,EBEB." '■ Oh, wad some power the g-iftie gie us To see oursels as ithers see us ! It wad frae monil a blunder free us And foolish notion, What airs in dress and g'ait wad lea' us And e'en devotion." -BURNS. i\ 30 THE GETTYSBURG MERCURY. AT THE BREAKFAST TABLE. GRACE had been said. The preacher of the village, whose gray hairs had never been endangered by conjugal wrath, in short, who was a bachelor, had performed that solemn office, as was his wont, at the Lyn boarding-house. Around the table sat six. The preacher, by right of his sober mien and broadcloth, of course, occupied the first place of honor, that is, he sat at the end of the table next the door leading into the pantry, from which issued the appetizing sound of the sizzling, sputtering and splashing of the cooking, or the rattle and clatter of pots and pans, and occasionally, to vary the program, the bang of falling dishes invariably followed by a lecture on culinary economy and general management by the matron of the establish-ment, who at divers times and in divers manners, delivered these emphatic and lengthy dissertations to the cook, a buxom, grin-ning lass of perhaps sixteen summers, who bore several red marks on her face, testifying to the violence of gesture with which the lecturer was accustomed to drive home her rather striking argu-ments. Next to the preacher sat Mr. Eyn, who boasted the empty title of " Eord of the House "—a little, pinched, henpecked piece of crusty mortality, who spoke with a very emphatic "I intend" or " I will," but, as I observed, only when his wife was in the pan-try and the door closed. In her presence, or within range of her eye through the open pantry door, he seemed to sink about six inches in stature, and peep slyly out of the corners of his e3'es, like a cat expecting a sudden and unannounced visitation of boot-jacks and stove-pokers. Beside the hard-fated Mr. Lyn was situated, geographically speaking, a volcano of sentimental effusion, or, perhaps better, sat the village poet. He looked like a poet, at least to a stranger, having all the visible qualifications—long hair, a sentimental air, a canary-like whimper that sometimes sounded like the sigh of a zephyr, and a box of dyspepsia tablets sticking out of his vest pocket, which would most strongly confirm the theory suggested by the unbarbered hair. At the end of the table, opposite the snowy-templed " shep-herd in Israel," sat the school-mistress, another very important functionary in the village, enthroned in dignity and starch. She THE GETTYSBURG MERCURY. 31 always dressed in a rusty shade of brown satin, evidently to match her complexion, and had it so thoroughly starched that she could sit down only in one way, there being only one hinge in the dress. She was always " precise" and plain, never bedecked herself with flowers, perhaps because she couldn't starch them. Slight in figure, in her rusty armor she looked not altogether unlike a mud-wasp— a dignified mud-wasp. Her features denoted character, but as Pat said, who sat around the corner from her, they looked a little smoke-dried. Pat was a red-nosed Irishman, with a broad, open, jolly Irish face, always lit up with an expression of bantering humor, and partly covered with a thin, scattered crop of stubble. He was the man of all work about the establishment, and bossed about by the lady of the house, curtly snapped at by the next highest power, Mr. Lyn, divinely stared at by the volcano, furiously glared at by the mud-wasp, and reproached every now and then by the preacher for profanity, he bad a very wretched time of it, and often gave that as a reason for the redness of his nose. "Be-jabbers," he would say, " Oi must droon moi troubles;" but how he drowned his troubles by reddening his nose I never could imagine. Grace had been said, as I stated before, and Jane began to serve roast chicken, starting with the preacher. " Thank you, my girl," said his reverence in his blandest tone as she turned from him to the poet, who took a wing with a smile—a very poetic smile—and, holding it up on a fork that all could see it, in his softest canary notes began : " Oh for the wings of an angel, To fly to that heavenly shore, I would leave this land of sorrow, There in joy to dwell evermore." " Oh, how delectable !" exclaimed the ecstatic teacher. "What spontaneity and brilliancy of genius ! Surely, Mr. Bilious, you have been endowed with those peculiar qualities of intellect which combine with a deep and susceptible emotional nature to consti-tute those favored and favorite mortals, whose function in life and society is to add to the general happiness of humanity ; one of those who drink of Olympian fountains and feast on the ambrosial —the ambrosial—feast on the ambrosial—in short, Mr. Bilious, you are a poet." She always rattled out her comments in a man- 32 THE GETTYSBURG MERCURY. \ ner something like a hysterical alarm-clock, and stopped for the same reason, too—because she was run down. The flattered rhymer, in his confusion and gratitude, blushed a sort of 3^ellow green, and fumbled about in his inspired cranium for a suitable answer, when Pat relieved him. " Ay, Midam, a pooet's boorn a pooet; ye can't make 'im." Though "Madam" rarely condescended to notice any of Pat's remarks, she replied: "Mr. O'Brien, I fully appreciate the force and significance of that sententious and universal truth to which you have just given utterance. I find it true, in my ramblings through the variegated fields of imaginative literature, that a skill-ful master of the poetic art must—must possess certain natural endowments of mind and feeling. He may avail himselfof the most efficient intellectual discipline in the most advanced institutions of learning, established in either hemisphere, the Eastern or the Western, fortne impartation of knowledge and mental develop-ment, and yet, sir, may never gain admission into the temple of the Muses." " Yis, a pooit's loike an iditor. Ye moight fade a goat tin years on newspaipers, but shtill ye couldn't make an iditor av 'im." Very much to Pat's annoyance—for he felt unusually honored in being patronized by such an able representative of scholarship and high English—the poet, who felt that they were both allud-ing to him, chimed in : " If Nature on you doth bestow it, To reveal her charms, to be a poet, In school or out you're bound to show it, And all the world will some time know it." "Och, bedad," supplemented Pat, with a dubious smile of malicious humor, intending to punish Mr. Bilious for this obtru-sive sally, "Ye remoindmeso much of Samson in the Scriptures." The poet shook out his tresses of black, hanging in Miltonic waves over his shoulder, proud to have them compared to Sam-son's immortal looks of strength, but Pat. continued : " Ye both use th' same wippin, only ye make pooetry with it and he slew the inimies of Israel." Of course, we laughed; the preacher till he was as red as Pat's nose, I till my sides ached, and even the school-mistress smiled as loud as the constitutional gravity of her deportment would permit, the poet, all the while, turning alter- THE GETTYSBURG MERCURY. 33 nately red, white and blue, and looking as though he had swal-lowed a smoothing-iron. Mr. Lyn alone did not smile—the pan-try door was open. The cook was seized with a fit of tittering that went nigh end-ing with her dropping the coffeepot, with which she had now reached the school-mistress, filling the cups as she went round the table. " O Miss Jane, do exercise more vigilant care lest you occa-sion some disastrous calamity. Just cogitate how seriously I might have been scalded by that liquid, in that state of violent ebullition, as you undoubtedly apprehend. Such inexcusable carelessness cannot, must not be tolerated, young lady." Jane, somewhat abashed, colored and would have attempted an apology, but the preacher, ever ready to rescue one in embar-rassment, interposed : " Nothing hurt, Jane; accidents will hap-pen everybody. I don't wish them to you," he added, with an air of cheerful gallantry, " but I like to see you blush up ; your cheeks look like peaches." " Yis, yer Riverence," added Pat, "and Oi am so fand of paiches," looking at the preacher and then at the cook. The teacher had, by far, too positive notions of propriety not to rebuke the facetious Patrick. " Undoubtedly, Mr. O'Brien, you have not had the advantages which the cultured usually de-nominate the ' privileges of high society,' those elements of good-breeding enjoyed in homes of education and refinement, or un-doubtedly you would not be guilty of the audacity, so boldly and improperly to allude to the female employee of the establishment in which you occupy the humble position of a menial. Mr. O'Brien, I certainly am surprised." Pat looked at me and winked, evidently not much discon-certed by the bombardment. •'You exhibit," she continued, angry because Pat did not wilt, " directly under and within the range of my ocular vision, such indecency towards me, one so manifestly your superior"— another wink. "Well, did I ever!" she ejaculated, closing her mouth with a snap like a pocketbook, looking daggers all the while at the unabashed Mr. O'Brien. "Did ye iver," rejoined the impregnable Patrick. "It's moire than Oi can till ye what ye iver did; yer auld enough to 34 THE GETTYSBURG MERCURY. have done imiything, judgin', as the poet says, 'by the silver min-gled mang th' gauld.' " '' Sir,'' sharply retorted the now thoroughly enraged pre-ceptress, "I do not propose—" " Nay, Midim," interrupted Pat., " Oi didn't ask ye to pro-pose, and there's no danger of innybody havin' ye innyhow, un-less p'rhaps yed propose in the dairk av th' moon." During this passage between the scholarly tongue of the out-raged pedagogue and the native wit of the mischievous Irishman none of us dared to laugh out, though we suffered severely with suppressed mirth, which, in my case, played a little game of earth-quake in my abdominal regions, made me drink two glasses of water in quick succession and spill half a cup of coffee over the table. Determined to beat a retreat with at least the honors of war, she turned from the Irishman, as if perfectly disgusted with his conduct, and addressed Jane, who was about to give her a^second cup of coffee. " No, thank you. If I should indulge in the sec-ond cup of this beverage, although I consider it exquisitely pal-atable and invigorating, when administered, or rather taken, in moderate quantities, my digestive organ would be greatly exag-gerated— I mean aggravated, and probably develop in the course of time sub-acute gastritis or some other modification of irritant poisoning. Indeed, I have entertained the greatest apprehension of"—just then the door bell rang, and I was called out. —A. N. ONYMOUS. PATRONIZE OUR ADVERTISERS. C. H. SOLT MERCHANT TAILOR Masonic Bldg., GETTYSBURG Our collection of Woolens for the coming Fall and Winter season cannot be surpassed for variety, attractive designs and general completeness. The latest styles of fashionable novelties in the most approved shades. Staples of exceptional merit, value and wearing durability. Also altering, repairing, dyeing and scouring at moderate prices. .FOR UP-TO-DATE. Clothing, Hats, Shoes, And Men's Furnishing' Goods, go to. I. HALLEM'S MAMMOTH CLOTHING HOUSE, Chambersburg St., GETTYSBURG, PA. ESTABLISHED 1867 BY ALLEN WALTON. ALLEN K. WALTON, President and Treasurer. ROBT. J. WALTON, Superintendent. flammelstomn Broom Stone Gompany Quarrymen and Manufacturers of Building Stone, Sawed Flagging and Tile Waltonville, Dauphin Co., Pa. Contractors for all kinds of Cut Stone Work. Parties visiting the Quarries will leave cars at Brownstone Station on the P Telegraph and Express Address. BROWNSTONE, PA. : R. R. R. PATRONIZE OUR ADVERTISERS. The Century ^^.0 Double-Feed Fountain Pen. ^^Poiated- GEO. EVELER, Agent for Gettysburg College PRICE LIST. .$2 SO . 2 50 No. 3. Chased 3 00 Hexag-on, Black or Mottled No. 3. Gold Mounted 4 00 Pearl Holder, Gold Mounted . 2 50 . S 00 THE CENTURY PEN CO. Askyour Stationer or our Agent to shozv them toyou WHITEWATER, WIS A good local agent-wanted in every school. ^mmwmmrmwmmwmwmwm^ Printing and Binding "We Print This Book THE MT. HOLLY STATIONERY AND PRINTING CO. does all classes of Printing' and Binding, and can furnish you any Book, Bill Head, Letter Head, Envelope, Card, Blank, or anything pertain-ing- to their business in just as good style and at less cost than you can obtain same elsewhere. They are located among the mountains but their work is metropolitan. You can be convinced of this if you give them the opportunity. Mt. Holly Stationery and Printing Co. K SPRINGS, PA. VL H. S. BENNER, .DEALER IN. Groceries, Notions, Queensware, Glassware, Etc., Tobacco and Cigars. Yl CHAMBERSBURG ST. WE RECOMMEND THESE BUSINESS MEN. Pitzer House, (Temperance) JNO. E. PITZER, Prop. Rates $1.00 to $1.25 per day. Battlefield a specialty. Dinner and ride to all points of interest,including the th ree days" fiffht, $1.25. No. 127 Main Street. MUMPER & BENDER Furniture Cabinet Making, Picture Frames Beds, Springs, Mattresses, Etc. Baltimore St., GETTYSBURG, PA. You will find a full line of Pure Drugs and Fine Sta- People's Drug Store Prescriptions a Specialty. .GO TO. fjotel (Gettysburg Barber Sfyop. Centre Square. B. M. SEFTON J. A. TAWNEY o. Is ready to furnish Clubs and Bread, Rolls, Etc. At short notice and reasonable rates. Washington & Midde Sts., Gettysburg. XWTT. TrJ. //dfe//>/l/d. C/)/Cd50. Sd/iftvnasco. London. PdnsJerf//?. Co/03ne. CALL ON F. Mark Bream, The Carlisle Street Grocer Who always has on hand a full line of Fine Groceries. .Photographer. No. 3 Main St., GETTYSBURG, PENNA. Our new effects in Portraiture are equal to photos made anywhere, and at any price PATRONIZE OUR ADVERTISERS. ^entpol Jfotel, ELIAS FISSEL, Prop. (Formerly of Globe Hotel) Baltimore Street, Gettysburg, Pa. Two doors from Court House. MODERN IMPROVEMENTS. Steam Heat, Electric Light and Call Bells all through the House. Closets and Bath Rooms on Every Floor. Sefton & Flem-ming's Livery is connected with this Hotel. Good Teams and Competent Guides for the Battlefield. Charges Moderate, Satisfaction Guaranteed. Rales $1.50 Per Day. R. A. WONDERS, Corner Cigar Parlors. A full line of Cigars, Tobacco, Pipes, Etc. Scott's Corner, Opp. Eagle Hotel. GETTYSBURG, PA. L Try My Choice Line of .' £ High-Grade Chocolates 3 L, at 40c per lb. Always fresh at ,\ C CHAS. H. McCLEARY "j C Carlisle St., Opposite W. M. R. R. ^ Also Foreign and Domestic Fruits '(' Always on Hand. JOHN M. MINNIQH, Confectionery, lee, -andIee Creams. Oysters Stewed and Fried. No. 17 BALTIMORE ST. BARBER SHOP®® CHARLES C. SEFTON, Proprietor. .Baltimore Street. The place for Students to go. Only First-class Tonsorial Work. LIVERY ATTACHED. 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"Deutschlands wirtschaftliches und politisches Gewicht verpflichtet uns, im Verbund mit unseren europäischen und transatlantischen Partnern Verantwortung für die Sicherheit Europas zu übernehmen, um gemeinsam Menschenrechte, Freiheit, Demokratie, Rechtsstaatlichkeit und Völkerrecht zu verteidigen" (Angela Merkel: Bundesministerium der Verteidigung 2016, S. 6) Obwohl Angela Merkel nicht mehr Bundeskanzlerin ist, sind die Leitlinien, die im Weißbuch 2016 für die Außen- und Sicherheitspolitik Deutschlands festgelegt wurden, weiterhin elementar – oder nicht? Aber wie lässt sich ihre Aussage im Jahr 2022 verorten? Zeigt Deutschland Verantwortung für die EU, transnationale Partnerschaften und Völkerrecht? In diesem Beitrag soll das Verhältnis zwischen Deutschland und den Vereinten Nationen (VN) in den Blick genommen werden: Mit dem Wegfall des West-Ost-Konflikts, der Dekolonialisierung, dem Beitritt weiterer Staaten und der Veränderung des Krieges hin zu "Neuen Kriegen" (Hippler 2009, S. 3-8) ergeben sich neue Handlungsfelder und Herausforderungen, die die Vereinten Nationen in den Blick nehmen müssen.Je nach Ansicht fällt der größten Weltorganisation eine mehr oder weniger bedeutende Rolle in der internationalen Politik zu (vgl. Gareis & Varwick 2014, S. 295). Allerdings sind maßgeblich die Mitgliedsstaaten für das Gelingen der Vereinten Nationen und für die notwendigen Reformen zuständig, da sie als "klassische intergouvernementale Organisation" (ebd., S. 295) bezeichnet werden können.Die Forschungsfrage lautet daher, wie sich die deutsche Außen- und Sicherheitspolitik international, im Rahmen der VN, verortet. Die deutsche Politik formuliert hierfür Ziele, die noch genauer zu untersuchen sind. Als eine Maßnahme, um die Zielerreichung zu gewährleisten, kann der MINUSMA-Einsatz in Mali angesehen werden, unter deutscher Beteiligung und von den Vereinten Nationen geführt. Es wird herausgearbeitet, inwiefern die deutsche Partizipation als Erfolg angesehen werden kann. Hierfür wird zuerst der theoretische Rahmen der Internationalen Beziehungen - der Grundzustand der Anarchie - erklärt und weitere Prämissen der VN, des VN-Peacekeepings, der historischen Rahmung der deutschen Außen- und Sicherheitspolitik sowie der Einsatz selbst beschrieben, um am Ende zu einer elaborierten Aussage kommen zu können. 1. Theoretische Rahmung – Grundzustand AnarchieGareis und Varwick (2014, S. 67) konstatieren einen allgemeinen Anforderungswunsch an die VN, die eine 'Lücke' in der Ordnung der Internationalen Beziehungen füllen sollen. Aber von welcher 'Lücke' wird hier gesprochen? In der Politikwissenschaft gibt es verschiedene Ansätze, um die Beziehungen zwischen Staaten und das Wirken von internationalen Organisationen zu beschreiben. Die Prämisse bildet der Grundzustand von Anarchie, der wie folgt definiert werden kann: "Unter Anarchie wird in diesem Zusammenhang die für Kooperationschancen folgenreiche Struktur der Herrschaftslosigkeit bzw. der Nichtexistenz einer den Staaten übergeordneten, zentralen Autorität mit Handlungskompetenz verstanden" (Gareis & Varwick 2014, S. 67) Es gibt verschiedene Denkschulen, die den Grundzustand unterschiedlich gewichten und bewerten (vgl. Schimmelfennig, S. 63ff). Darunter sind zum Beispiel der Realismus, der Idealismus, der Institutionalismus und der Konstruktivismus zu nennen (vgl. Gareis & Varwick 2014, S. 71). Um das Verhältnis zwischen den VN und Deutschland erklären zu können, ist es hilfreich, zu überlegen, an welcher Denkschule sich die Sicherheits- und Außenpolitik Deutschlands (schwerpunkt- und situationsbezogen) orientiert. Die Ansätze sind in ihrer Gesamtheit in diesem Beitrag nicht zu würdigen, daher werden einzelne Hauptdifferenzen geklärt, um für die Beantwortung der Forschungsfrage eine Richtlinie geben zu können. Die Beschreibung erfolgt idealtypisch: Im Realismus ist der Grundzustand besonders präsent und hauptsächlich staatliche Akteure sind für die Internationalen Beziehungen verantwortlich. Die Staaten haben ein starkes Eigeninteresse, das sich aus der Unsicherheit des Grundzustandes speist, und handeln nach eigenen Machterhaltungsvorstellungen. "In dieser Sichtweise erfüllen internationale Organisationen lediglich aus der Souveränität und den Interessen ihrer Mitglieder abgeleitete Funktionen" (ebd., S. 68). Damit wären Handlungsfelder und Möglichkeiten eng an die Vorgaben der Staaten gekoppelt. Frieden wird als Sicherheit-Erhalten verstanden und bedeutet, dass die Nationalstaaten durch Machtsicherung ihre Souveränität gewährleisten können. (vgl. ebd., S. 68 & 71) Im Idealismus soll der anarchische Grundzustand durch "Kooperationsformen" (ebd., S. 68) geregelt werden. Die Friedenssicherung läuft über einen stetigen Prozess über eine "universelle Gemeinschaft" (ebd., S. 69), die für alle Vorteile bringen kann. Damit wäre das Ziel, Konflikte nicht mehr mit Gewalt lösen zu müssen, anders als im Realismus, wo Krieg als natürliche Form besteht, durch die normative Regelung des Grundzustandes möglich. Internationale Organisationen können mit ihren Regelungen die Realisierung von Frieden darstellen. Damit sind nicht nur Staaten als Akteure zu sehen und statt Machterhaltungsvorgaben ist das Handeln auf ein Gemeinwohl konzentriert. (vgl. ebd., S. 69 & 71) In der Tradition des Institutionalismus sind internationale Kooperationen deutlich wahrscheinlicher als im Realismus. Außerdem ist ihr Einfluss auf Staaten bedeutend höher einzuschätzen. Demnach helfen sie zum Beispiel, Informationen über andere Staaten zu sammeln und können so beim Aufbau von Vertrauen mitwirken. (vgl. ebd., S. 69f)  Die "Interdependenz" (Schimmelfennig 2010, S. 93) zwischen den Staaten wird als hoch angesehen und bedarf internationaler Regelwerke, die die Kooperationsmöglichkeiten regulieren. In diesem Sinne sind Staaten an friedlichen Lösungen interessiert und halten Krieg für nicht gewinnbringend bzw. sehen Machtkonzentration als weniger produktiv an als das Streben nach Gewinnen. Dadurch ist der Grundzustand der Anarchie zwar nicht auflösbar, allerdings soll im Laufe der Zeit eine Zivilisierung stattfinden. (vgl. ebd., S. 90) Der Konstruktivismus sieht den Grundzustand der Anarchie nicht als gegeben, sondern als eine Konstruktion von Wirklichkeit an. Dadurch ist es möglich, diesen Zustand zu verändern / aufzuheben. Damit sind die Akteure selbst für den Grundzustand verantwortlich. (vgl. Gareis & Varwick 2014, S. 70) Damit lautet eine Kernhypothese des Konstruktivismus: "Je größer die Übereinstimmung der Ideen von internationalen Akteuren und je stärker damit Gemeinschaft zwischen ihnen ist, desto höher ist die Wahrscheinlichkeit von Frieden und internationaler Kooperation" (Schimmelfennig 2010, S. 185) Es wären bspw. Staaten gemeint, die eine freundschaftliche Beziehung pflegen und unabhängig von Machtkonzentration Vertrauen aufbauen. (vgl. ebd., S. 184f) In den Denkschulen sind relativ konkrete Vorstellungen gegeben, wie eine internationale Organisation Einfluss und Machtkonzentration entwickeln kann oder sollte oder bereits beinhaltet. Die Vereinten Nationen können auf einen Blick als größte Organisation im internationalen Spektrum angesehen werden, denn sie haben aktuell 193 Mitgliedsstaaten (Stand 2022) (vgl. Die Vereinten Nationen im Überblick: Deutsche Gesellschaft für die Vereinten Nationen e. V., o. J.).2. Die Vereinten Nationen Bevor über die VN auf manche Aspekte schwerpunktmäßig eingegangen werden kann, ist knapp zu klären, was eine internationale Organisation wie die VN darstellt. Hierbei orientiert sich dieser Beitrag an Gareis und Varwicks (2014, S. 295) Konstruktion von einer "klassische[n] intergouvernementale[n] Organisation", deren Reformfähigkeit und Erfolge maßgeblich von den Mitgliedsstaaten abhängen – also auch von Deutschland. Es werden prinzipiell keine Souveränitätsrechte an die Organisation abgegeben, mit der Ausnahme, dass der Sicherheitsrat Zwangsmaßnahmen zur Friedenswahrung durchsetzen kann (vgl. ebd., S. 72).2.1 Grundlegende Kennzeichen der Vereinten Nationen Die Grundlagen der Vereinten Nationen können an zwei Hauptfaktoren exemplarisch aufgezeigt werden: Erstens ist der Friedensbegriff nicht nur als Abwesenheit von Krieg definiert, er schließt vielmehr das Wohlergehen der Menschen in den Staaten ein und geht somit über das Nationalstaats-Denken hinaus (positiver Friedensbegriff). Das zweite Konzept ist das System kollektiver Sicherheit, dadurch soll der erhöhte Druck, von allen Staaten bei einer Aggression automatisch angegriffen oder anderweitig verurteilt zu werden, die Friedensbedrohung reduzieren. (vgl. Gareis & Varwick 2014, S. 19-22 & 87-92) Dass das System der kollektiven Sicherheit nicht bedingt greift oder einigen Herausforderungen unterworfen ist, liegt bspw. an den neuen Kriegsformen (vgl. Hippler 2009, S. 3f). Gleichzeitig kann die aktuelle Invasion Russlands in die Ukraine (vgl. u.a. Russlands Angriff auf die Ukraine: Beckmann 2022) herangezogen werden, dass die Mechanismen bspw. für Supermächte weitere Schwierigkeiten in der Praxis aufzeigen (vgl. Gareis & Varwick 2014, S. 89f). 2.2 Generalversammlung und Sicherheitsrat – wichtigste Gremien der VN Die Vereinten Nationen sind mittlerweile zu einer undurchsichtigen Ansammlung an offiziellen und inoffiziellen Strukturen geworden und sind unter dem Begriff VN-System sehr weit zu fassen (vgl. Gareis & Varwick 2014, S. 21f). Allerdings sind nach wie vor zwei von sechs Hauptorganen hervorzuheben:In der Generalversammlung (GV) sitzen alle Mitgliedsstaaten und sind nach dem Prinzip der Gleichberechtigung mit jeweils einer Stimme ausgestattet. Hauptcharakteristikum ist, dass die Generalversammlung ein Forum für Gespräche bietet und somit als größtes Austauschforum auf der Welt bezeichnet werden kann. In sechs Hauptausschüssen vollzieht sich die meiste Arbeit der Generalversammlung, auf die hier nicht weiter eingegangen werden soll. Entscheidend ist der Unterschied zum Sicherheitsrat: Die GV hat keinen Sanktionskoffer parat und kann lediglich Empfehlungen aussprechen. (vgl. ebd., S. 45-47) Der Sicherheitsrat besteht aktuell aus 15 Mitgliedsstaaten, wobei zwischen ständigen und nichtständigen Mitgliedern differenziert werden muss. Die ständigen Mitglieder sind die sogenannten 'Big Five' und setzen sich aus Frankreich, Großbritannien, USA, Russland und China zusammen. Sie werden nicht wie die nichtständigen Mitgliedsstaaten von der Generalversammlung im Zwei-Jahres-Zyklus gewählt.Verkürzt dargestellt nimmt der Sicherheitsrat Aufgaben wie Friedensmissionen, Ausschüssen o. Ä. wahr. Die ständigen Mitgliedsstaaten haben historisch bedingt ein Veto-Recht, das eine große Rolle spielt und mehrfach zur Lähmung des SR führte. Der Sicherheitsrat ist das mächtigste Hauptorgan der Vereinten Nationen und ist berechtigt, zur Friedenssicherung weitreichende Sanktionen und militärische Maßnahmen zu ergreifen. (vgl. ebd., S. 47-49)  2.3 Das VN-Peacekeeping aus historischer Perspektive Die Geschichte der VN ist überaus vielschichtig und kann hier nur in den Grundzügen wiedergegeben werden. Im Jahr 1945 wurde die Charta von 51 Staaten unterzeichnet. In den ersten Jahren ihrer Arbeit (1945-1954) mussten organisatorische und strukturelle Systeme aufgebaut werden, die im West-Ost-Konflikt zugleich erste Einschränkungen erfuhren. Die erste große Herausforderung des kollektiven Sicherheitssystems betraf den Korea-Krieg: Nordkorea fiel 1950 in Südkorea ein und der Sicherheitsrat wurde durch Russland blockiert. Daraufhin entstand in der Generalversammlung die Uniting for Peace-Resolution, die Empfehlungen und militärische Interventionen beinhaltete, sollte der SR seiner Aufgabe, den Weltfrieden zu sichern, nicht nachkommen. Die erste inoffizielle Blauhelmmission stellt die UNTSO-Mission dar, die die Überwachung eines Waffenstillstandes 1948 zwischen Israel und arabischen Staaten beinhaltete. (vgl. ebd., S. 27-30 & 127) In den darauffolgenden 19 Jahren (1955-1974) verschob sich das Mächtegleichgewicht maßgeblich durch die Dekolonisation und die Entstehung unabhängiger Staaten im Süden. Hervorzuheben ist die Suez-Krise, in der der ägyptische Präsident Gamal Abdel Nasser 1956 den Suez-Kanal verstaatlichte. Großbritannien, Israel und Frankreich gingen ungeachtet der Ablehnung des SR militärisch dagegen vor, verhinderten gleichzeitig mit ihren Vetos eine Deeskalation der Lage. Auf Grundlage der Uniting for Peace-Resolution wurde wieder versucht, den Konflikt auszusetzen und einen Waffenstillstand einzufordern. Die GV beschloss daraufhin die Etablierung der United Nations Emergency Force (UNEF I), um zwischen den Konfliktparteien eine neutrale Zone aufzubauen. Die Blauhelme nahmen hier ein erweitertes Aufgabenspektrum wahr und erhielten bspw. Kontrolle über Hoheitsgebiet. "Damit wurde das wohl bedeutendste Friedenssicherungsinstrument der Vereinten Nationen, die Blauhelmeinsätze, ins Leben gerufen" (ebd., S. 31). (vgl. ebd., S. 27-30 & 128) Im "Nord-Süd-Konflikt (1975-1984)" (ebd., S. 32) versuchten die VN weiterhin, in einigen Konflikten aktiv mit Blauhelmeinsätzen zu vermitteln und zeigten sich angesichts der Invasion der Sowjetunion in Afghanistan (1979) als handlungsunfähig. (vgl. ebd., S. 32f) Die letzte Phase reicht bis heute und beginnt ab dem Jahr 1985. Die Annäherung der beiden Großmächte USA und Sowjetunion und der Zerfall der Sowjetunion ergab Handlungsspielraum im SR. Allerdings entzündete sich auch eine Reihe an neuen Konfliktherden: "Innerhalb von rund 25 Jahren stieg die Zahl der Friedensmissionen von 14 auf nunmehr 68" (ebd., S. 33). Nötige Reformen rückten zuletzt durch den USA geführten Irakkrieg und die Terroranschläge am 11. September vermehrt in den Fokus. (vgl. ebd., S. 33-35)  2.4 Typologisierung und Reformansätze Wie in der historischen Rahmung aufgezeigt, entstand das Peacekeeping, weil das kollektive Sicherheitssystem nicht funktionsfähig war. Die Blauhelmeinsätze sind praxisnahe Formen zur Sicherung des Friedens, die sich zwischen dem Souveränitätsanspruch und den Zielen der VN bewegen. Die Ausgestaltung der Friedensmissionen sind vielfältig: Die VN typologisieren die Einsätze in vier Generationen:In der ersten Generation sind Einsätze hauptsächlich "zur Beobachtung und Überwachung von bereits beschlossenen Friedens- bzw. Waffenstillstandsabkommen […]" (Gareis & Varwick 2014, S. 126) gemeint. Missionen der zweiten Generationen sind durch "ein erweitertes Aufgabenspektrum" (ebd.) ausgezeichnet und meinen Einsätze nach 1988. In der dritten Generation liegt der Fokus nicht nur auf Friedenserhaltung sondern auch auf dessen Erzwingung. Zum Schluss kommen in der vierten Generation nicht-militärische administrative Funktionen hinzu.Jede Generation erforderte Anpassungen und ein mühsames Lernen, sodass die Bilanz des VN-Peacekeeping sehr gemischt ausfällt. Neuere Bestrebungen zielen daher darauf ab, aus den vergangenen Fehlern zu lernen. Zum Beispiel soll das Peacekeeping nur noch mit realistischem Mandat stattfinden und die individuelle, komplexe Konfliktsituation angemessen darstellen. Außerdem ist zu gewährleisten, dass die Blauhelme gut ausgerüstet sind und unter den Aspekten eines robusten Mandats alle neuen Perspektiven der Friedenssicherung wahrnehmen können. Diese beinhalten vereinfacht dargestellt die Konfliktvermeidung, das Konfliktmanagement und die Konfliktnachsorge. (vgl. ebd., S. 124-151) Nachfolgend ist zu klären, inwiefern sich der MINUSMA-Einsatz darin einfügt und welche Rolle Deutschland in dem Entwicklungsprozess des VN-Peacekeeping und des Einsatzes spielt.3. United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) Der MINUSMA-Einsatz der Vereinten Nationen ist als Peacekeeping-Mission der vierten Generation zu charakterisieren.  3.1 Strukturelle Rahmung des MINUSMA-Einsatzes Das Departement of Peacekeeping Operations (DPKO) ist für die Umsetzung und Planung der Blauhelmmissionen verantwortlich. Mit Stand 2022 sind insgesamt 15 Einsätze zu verzeichnen (DPKO: Deutsche Gesellschaft für die Vereinten Nationen e.V., o. J.). Die Mission in Mali gehört zu den jüngsten Einsätzen und begann im April 2013 (vgl. Gareis & Varwick 2014, S. 141).Sie gründet sich auf die Resolution 2100 (vgl. Security Council Establishes Peacekeeping Force for Mali Effective 1 July: United Nations 2013) vom 25. April und die Resolution 2164 (vgl. Security Council: United Nations 2014) des Sicherheitsrates und hat multidimensional den Schutz der Zivilisten, die Gewährleistung der Menschenrechte, die Etablierung einer Staatsmacht, die Stabilisierung der Region durch den Aufbau eines Sicherheitsapparates und die Aufrechterhaltung der politischen Dialogfähigkeit und Konsultation als Aufgabe formuliert (vgl. MINUSMA Fact Sheet: United Nations 2022).Damit stehen auch militärische Interventionen zur Verfügung und es kann von einem robusten Mandat gesprochen werden, das lediglich als Ausnahme die aktive Terroristenbekämpfung ausschließt (vgl. Mali: Konopka 2022). Stand November 2021 befinden sich insgesamt 18.108 Menschen im Einsatz und davon sind 13.289 dem militärischen Personal zuzuordnen (vgl. MINUSMA Fact Sheet: United Nations 2022). Dazu kommen zivile Einsatzkräfte und bspw. Polizeiausbildende (vgl. ebd.).Die größten teilnehmenden Länder mit militärischem Personal sind mit 1440 Chad, mit 1119 Bangladesch, Ägypten mit 1072 und auf Platz 10 folgt Deutschland mit 531 Angehörigen (vgl. ebd.). Die Verluste an Menschenleben werden bisher auf 260 (Stand 2021) beziffert (vgl. ebd.). Die Finanzierung wird über die Generalversammlung jährlich geregelt und betrug zwischen 2021 und 2022 1.262.194.200 Dollar (vgl. ebd.).Neuere Zahlen der Bundeswehr (Stand Februar 2022) geben an, dass Deutschland mit über tausend Soldatinnen und Soldaten in Mali im Einsatz ist (vgl. Personalzahlen der Bundeswehr: Bundeswehr 2022). Die Zahl stellt sich als irreführend heraus, weil die Bundeswehr alle Beteiligten zusammenzählt, auch die, die bspw. in Nachbarländern an Schlüsselstellen der Infrastruktur beschäftigt sind (vgl. Mali: Konopka 2022).Die aktuelle Resolution der VN (2584) trat am 29. Juni 2021 in Kraft und ist bis zum 30. Juni 2022 gültig (vgl. Mali – MINUSMA: Bundeswehr 2022). Durch das Ablaufen des Mandats in diesem Jahr ist die Forschungsfrage darauffolgend auszuweiten, inwiefern Deutschland sich weiterhin an der Mission beteiligen wird. Zuerst sollte aber kurz auf die Situation Malis eingegangen werden, um zu klären, warum Deutschland und viele weitere Staaten überhaupt intervenieren.  3.2 Mali – eine von Gewalt geplagte Region Die gesamte Komplexität dieser Krisenregion kann hier nicht dargestellt werden. Allerdings sind einige Aspekte zu nennen, um die Verortung und die Herausforderungen des Peacekeepings zu verdeutlichen. In Nordmali begann 2012, um die politische Unabhängigkeit zu gewährleisten, ein gewaltsames Vorgehen gegen die malische Regierung. Als fragiles Bündnis kamen dschihadistische Kämpfende hinzu, die jedoch nach den ersten Eroberungen der nordmalischen Städte 2013 die Oberhand gewannen.Der Süden Malis war ebenfalls von einem Militärputsch geschwächt und die malische Regierung bat um internationale Hilfe. Frankreich folgte der Bitte und eröffnete die Operation Serval. Afrikanische Länder griffen unter der Mission AFISMA ein. Den alliierten Kräften gelang schnell die Rückeroberung der Städte im Norden. Allerdings ging daraus eine asymmetrische Kriegsführung hervor, die die vom Sicherheitsrat legitimierten Einsatztruppen besonders in den Fokus der Attacken der Dschihadisten stellt.Ein Friedensvertrag von 2015 umfasste bspw. nicht alle Konfliktparteien. Im Allgemeinen ist eine Verschlechterung der Gesamtsituation zu verzeichnen, da Dschihadisten mittlerweile versuchen, auch die Nachbarländer Niger und Burkina Faso zu destabilisieren und sich die Gewalt besonders um Zivilisten zentriert. (vgl. Mali: Konopka 2022) Im Zentrum dieses Kapitels soll die asymmetrische Kriegsführung, auch unter dem Aspekt der 'Neuen Kriege' bekannt, und somit die problematische Lage der Mission im Mittelpunkt stehen. Die Kernfrage ist bereits auf das weitere Engagement Deutschlands ausgeweitet worden und ist realitätsnah zu prüfen: In Afghanistan gelang keine Stabilisierung eines afghanischen Staates. Hier kam nach jahrzehntelangen erfolglosen Gefechten die Terrorgruppe Taliban 2021 an die Macht, als allen voran die USA den Rückzug aus der Krisenregion vollzogen (vgl. Nach 20 Jahren: bpb 2021).  4. Die deutsche Außenpolitik – Schwerpunktsetzung VN Die deutsche Sicherheits- und Außenpolitik ist sehr komplex und selbst ein kursorischer Überblick kann hier nicht geleistet werden. Durch die Darstellung diverser Aspekte ist jedoch eine Verortung möglich.  4.1 Historische Perspektive der deutschen Sicherheits- und Außenpolitik Deutschland blickt auf eine bewegte Geschichte zurück. Ab 1945 wurde die Bundesrepublik enormen Veränderungen durch die Besatzungsmächte unterworfen. Während die DDR unter der UdSSR keine wirklich eigene Außenpolitik entwickelte, gelang es Westdeutschland allmählich, politische Spielräume zurückzugewinnen und eigene Ziele zu vertreten (vgl. Gareis 2021, S. 57). In der Zeit vor der Wiedervereinigung sind einige "konstante Handlungsmuster" (ebd., S. 58) zu erkennen, die bis heute ihre Wichtigkeit beibehalten haben. Darunter sind besonders vier Punkte zu nennen:"die Westintegration, durch welche die Bundesrepublik ihren Platz in den europäischen und transatlantischen Strukturen fand und einnahm die Entspannungs- und Ostpolitik, durch die sie ihre friedens- und stabilitätspolitische Handlungsspielräume erweitern konnte die Offenheit für einen breit angelegten, globalen Multilateralismus mit dem Ziel einer verlässlichen rechtlichen Verregelung und Institutionalisierung des Internationalen Systems die selbstgewählte Kultur der Zurückhaltung in machtpolitischen, insbesondere militärischen Angelegenheiten" (ebd., S. 58) Hervorzuheben sind die anfänglichen Bemühungen der deutschen Außenpolitik, um Frankreich von ihrer skeptischen Sichtweise auf die Wiederbewaffnung und Wiederaufnahme der deutschen Souveränität nach dem Zweiten Weltkrieg abzubringen. Die Bemühungen mündeten bspw. 1963 im Élysée-Vertrag, der die enge Partnerschaft merklich vorantrieb und als "deutlicher […] Motor der europäischen Integration" (ebd., S. 65) zu sehen ist.Eine Verankerung in Internationale Beziehungen vollzog sich somit bereits früh mit den Bemühungen Deutschlands, sich in Europa und in die NATO zu integrieren. In den Zeiten vor der Wiedervereinigung konnte Deutschland dennoch nicht gänzlich zu seinem Selbstvertretungsanspruch finden. Die Integration in internationale Organisationen, die die Machtkonzentration des teilnehmenden Landes einschränken können, wurde zwar innenpolitisch heftig diskutiert, kollidierte jedoch mit realen Erweiterungen der Souveränitätsansprüche Deutschlands und formte somit die Erfahrung dieser Ordnungen.Der Multilateralismus ist eine logische Konstante, weil der Wunsch nach Regeln im Internationalen System die eigene Sicherheit erhöhen soll und im Falle Deutschlands auch politische Freiheiten bedeutete. Das Engagement kann als ernsthaft beschrieben werden, weil die Bemühungen auch mit der Erreichung der eigenen Staatssouveränität bspw. in den Vereinten Nationen und dem europäischen Einigungsprozess nicht nachließ – im Gegenteil intensiviert stattfindet. (vgl. ebd., S. 57f & 61-65 & 70f)  4.2 Deutschlands Außen- und Sicherheitspolitik im 21. Jahrhundert - Verortung Im 21. Jahrhundert sind eine neue Vielzahl an nicht-staatlichen Akteuren, weitere Unwägbarkeiten und multidimensionale Problemfelder mit einer höheren Unsicherheit im Internationalen System verbunden, die die Zuverlässigkeit von internationalen Partnern einschränkt. Diese Problematik wird bspw. u. a. durch das Erstarken des Rechtspopulismus, dem Rückgang liberal-demokratischer Regierungen seit 2005, der neuen Risikobewertung und Qualität des transnationalen Terrorismus begründet. (vgl. Gareis 2021, S. 89f) Als aktuelle Referenz kann das Weißbuch 2016 die Sicherheitsinteressen Deutschlands aufzeigen. Darin sind, bedingt bspw. durch die russische Aggression gegenüber der Ukraine, wieder vermehrt nationale Interessen vertreten, die den Schutz der Bürger*innen und die Integrität der Souveränität Deutschlands ins Blickfeld nehmen. Allerdings sind auch internationale Bestrebungen zur vertiefenden Weiterarbeit in der Entwicklungspolitik, dem Völkerrecht und der partnerschaftlichen Zusammenarbeit in allen wichtigen Internationalen Organisationen wie NATO, EU und VN zu nennen. (vgl. Gareis 2021, S. 105)4.2 Deutschland und die Vereinten Nationen Ein ernsthafter Beitrag zur strategischen (Neu-)Kalibrierung der Sicherheits- und Außenpolitik, die in ihren anfänglichen vier Konstanten (s.o.) auch Diskontinuitäten erfuhr, ist die Münchner Sicherheitskonferenz im Jahr 2014 hervorzuheben, in der das Engagement für internationale Organisationsformen, die einen supranationalen Ordnungsrahmen darstellen können - wie die EU, NATO und VN - verstärkt in den Mittelpunkt gestellt worden. Die Konstante der 'Zurückhaltung' bricht also weiter auf und zeigt das "Leitmotiv der aktiven Übernahme größerer Verantwortung für Frieden und Internationale Sicherheit in einem umfassenden Ansatz […]" (Gareis 2021, S. 92) auf. (vgl. ebd., S. 91f) Für Deutschland stellen die Vereinten Nationen das Höchstmaß für Multilateralismus und Institutionalismus dar. Bestrebungen in den VN waren von der Gründung an ein wichtiges Anliegen der Bundesrepublik, um auf die internationale Bühne zurückkehren zu können. Insgesamt kann das Engagement Deutschlands in den VN als hoch angesehen werden: Aktuell ist Deutschland der viertgrößte Beitragszahler, unterhält über 30 VN-Organe im Land und ist um einen ständigen Sitz im Sicherheitsrat bemüht und mindestens durch die häufige Wiederwahl (zuletzt 2019/20 – damit zum sechsten Mal) und eindeutigen Wahlergebnissen um einen nichtständigen Sitz als international anerkannt zu bezeichnen. Das Interesse beider Akteure ist als interdependent zu bezeichnen: Die VN brauchen in diesen schwierigen Zeiten einflussreiche Staaten und Deutschland hingegen internationale Kooperationsmöglichkeiten in vielfältigen Ressorts. (vgl. ebd., S. 193f) Deutschland beteiligte sich gleich nach der Wiedervereinigung an VN-Peacekeeping-Einsätzen – allerdings mit unbewaffneten Zivilkräften. Anfang des 21. Jahrhunderts stellte Deutschland nicht nur zivile sondern auch militärische Einheiten zur Verfügung. Das Engagement kann in ihren Anfängen als bescheiden beschrieben werden. Insgesamt bevorzugt Deutschland vom VN-mandatierte Einsätze, die anschließend von der EU oder NATO ausgeführt werden. Der MINUSMA-Einsatz ist somit eine Ausnahme und der zweitgrößte Auslandseinsatz der Bundeswehr. Der afrikanische Raum ist aufgrund seiner Fluchtbewegungen zu einem wichtigen sicherheitspolitischen Raum geworden. (vgl. ebd., S. 203f) Allerdings sind die Gründe für den Einsatz in Mali weiter auszuführen, da die Argumentation möglicher Fluchtbewegungen Lücken aufweist. (vgl. Mali: Konopka 2020)  5. Deutschland und der MINUSMA-Einsatz In den vorherigen Kapiteln sind die Bezüge der deutschen Sicherheits- und Außenpolitik zu den Vereinten Nationen bereits angeschnitten worden. Als Nächstes ist der MINUSMA-Einsatz aus einer politischen Perspektive unter Einbezug der Ziele Deutschlands zu charakterisieren und ein Ausblick auf das Ergebnis dieser Intervention zu geben. Die Bewertung des Einsatzes ist entscheidend, um den deutschen Einsatz nachzuvollziehen.  5.1 Motive für die Beteiligung am MINUSMA-Einsatz Die Intervention und Beteiligung Deutschlands am MINUSMA-Einsatz scheint sich nicht auf die Bekämpfung von Fluchtursachen zu beschränken (vgl. Mali: Konopka 2020 & Kaim 2021, S. 31). Weitere Motive sind aus Kapitel 4 abzuleiten und könnten, kombiniert aus dem Wunsch humanitäre Hilfe leisten zu wollen und die Position der Vereinten Nationen - und sich selbst im Internationalen System und den Multilateralismus - zu stärken, eine Begründungslage bieten. Sie wirkt jedoch unpräzise und bedarf genauerer Beschreibungen: Wie bereits beschrieben, ist Frankreich bereits 2013 dem Hilfegesuch der malischen Regierung gefolgt und musste anhand der realen Bedingungen ihre Ziele anpassen: Deutschland sollte dem engen Bündnis- und EU-Partner unter die Arme greifen. Die Bundesregierung gab zunächst lediglich unbewaffneten Kapazitäten Platz, ehe das Mandat langsam auf aktuell 1100 Soldat*innen aufgestockt wurde.Deutschland schien dabei die Vertiefung der Kooperation von EU-Staaten wie Frankreich und den Niederlanden als geeignete Gelegenheit. Ebenfalls ließ der Friedensvertrag auf weitere Stabilität im Land hoffen. Außerhalb der Bemühungen um die Partnerschaft ist für den Autor Konopka die Bewerbung Deutschlands für den nichtständigen Sitz im Sicherheitsrat (2019/20) ausschlaggebend gewesen.Die anfängliche Konzentration auf die europäische Mission EUTM Mali ging mit einer deutlichen Ausweitung auf die VN-Peacekeeping-Mission über. Außerdem, so der Autor, wäre Deutschland in der Bringschuld gegenüber den Teilnehmenden gewesen, da die Bundesrepublik in weiteren Missionen kaum bis gar keine Präsenz vorzuweisen hatte (bspw. EUMAM RCA oder EUTM RCA). (vgl. Mali: Konopka 2020) Kaim (2021) von der Stiftung Wissenschaft und Politik spricht von einem typischen Muster der deutschen Auslandseinsatzbereitschaft, erst durch Bündnisanfragen Einsatzkräfte zu mobilisieren. Aus dieser Sicht ist primär der Versuch, einen "europäischen Fußabdruck" (ebd., S. 12) im internationalen System zu hinterlassen, anzusehen. Allerdings wird auch hervorgehoben, wie die Bewerbung um den nichtständigen Sitz im Sicherheitsrat eine Intensivierung der deutschen Sicherheits- und Außenpolitik in den VN und besonders im afrikanischen Raum beinhaltete. (vgl. ebd., S. 12-20) Dadurch sind sechs Hauptmotive auszumachen, davon greifen manche weniger als andere: 1. Die Bündnistreue zu Frankreich 2. Die Ausgangslage durch die Münchner Sicherheitskonferenz (2014) 3. Das erweiterte Engagement Deutschlands in den VN 4. Der Versuch, eine europäische Handlungsfähigkeit zu demonstrieren. 5. Die regionale Sicherheit in Mali zu gewährleisten 6. Terrorismusbekämpfung und die Eindämmung von Fluchtbewegungen (vgl. ebd., S. 27-31) Die Punkte 4, 5 und 6 sind als Hauptmotivlage nachrangig einzusortieren; Punkt 5 wird anhand der deutlichen Zunahme an Instabilität den MINUSMA-Einsatz generell und die deutsche Beteiligung gezielt infrage stellen. 5.2 Bewertung des Einsatzes Die bisherige Bewertung des Einsatzes ist auf Grundlage der festgestellten Motive zu leisten, die eine detaillierte Rahmengebung vorgeben. In die Bewertung fließen themenbedingt erste wichtige Aspekte für das Abschlusskapitel ein. 5.2.1 Die Bündnistreue zu Frankreich Die Unterschiede in der strategischen Bewertung des Einsatzes der beiden Länder zeigt deutlich auf: Während Frankreich mehr militärisches Engagement erwartet und die Terrorbekämpfung in den Fokus stellt, steht die Bundesregierung der Friedenssicherung unter VN-Mandat näher, die die Terroristenbekämpfung explizit ausschließt. Festzuhalten wäre, dass die unterschiedlichen Herangehensweisen in Mali zwischen Frankreich und Deutschland differente Zielvorstellungen aufweisen und das gemeinsame Handeln konterkarieren. (vgl. Kaim 2021, S. 27f) Daraus ist ebenso die Frage zu stellen, ob die Bundesregierung das auslaufende Mandat (vgl. Mali: Konopka 2020) ausweiten, beibehalten oder beenden wird. 5.2.2 Die Ausgangslage durch die Münchner Sicherheitskonferenz Deutschland ist bis heute im MINUSMA-Einsatz tätig (2013-2022) und ist dem Bündnis- und langjährigen EU-Partner Frankreich nachgekommen (vgl. Mali: Konopka 2020). Das Engagement ist bis jetzt ausgeweitet worden und von einer anfänglichen Symboltruppe stehen im direkten Einsatzgebiet in Mali ca. 500 (vgl. MINUSMA Fact Sheet: United Nations 2022) und im erweiterten Einsatz ca. 1000 Soldat*innen (vgl. Personalzahlen der Bundeswehr: Bundeswehr 2022).Die Steigerung der Fachkräfte im MINUSMA-Einsatz ist als Intensivierung zu werten (vgl. Kaim 2021, S. 28). Dies kann als Beleg für die vertiefende Arbeit international angesehen werden, wie es zuvor auf der Münchner Sicherheitskonferenz 2014 skizziert wurde. Allerdings wären andere Erweiterungen der Tätigkeitsfelder im internationalen Raum und besonders in internationalen Organisationen denkbar und beinhalten nicht zwangsläufig die Intensivierung des MINUSMA-Einsatzes – gleichzeitig bietet das Einsatzgebiet ein robustes Mandat, also internationale Legitimierung, die für deutsche Auslandseinsätze mitentscheidend ist und einen multilateralen Raum, den die Sicherheits- und Außenpolitik favorisiert (vgl. ebd.).5.2.3 Das erweiterte Engagement Deutschlands in den VN Politisch und militärisch dürfte die Beteiligung Deutschlands am MINUSMA-Einsatz die Vereinten Nationen stärken (vgl. Kaim 2021, S. 28). Bei dieser Beteiligung ist mitunter auch deutlich, dass Deutschland nicht altruistisch, sondern auch im Sinne der im Kapitel 4.2 festgelegten Interdependenzen für den Erhalt der eigenen Sicherheit im Internationalen System handelt.Die Idee eines ständigen Sitzes im Sicherheitsrat gilt als unwahrscheinlich sowie der Reformvorschlag der 'Gruppe der Vier' (mit deutscher Beteiligung), der von den vielen Vorschlägen zur Veränderung des Sicherheitsrates zwar als angemessen erscheint, aber dennoch u. a. an den Veto-Mächten bisher scheiterte (vgl. Gareis & Varwick 2014, S. 308-311). Somit bleibt Deutschland lediglich die Kandidatur im SR als nichtständiges Mitglied, dem die Bundesregierung mit ähnlicher Argumentation und Engagement vermutlich in der nächstmöglichen Amtszeit nachkommen wird (vgl. Kaim 2021, S. 29). 5.2.4 Der Versuch, eine europäische Handlungsfähigkeit zu demonstrieren Die europäische Handlungsfähigkeit kann bereits unter Punkt 5.2.1 als inkonsequent bezeichnet werden. Außerdem sind europäische Kräfte an eigenen Missionen vor Ort gebunden und stellen im MINUSMA-Einsatz nicht die meisten Einsatzkräfte zur Verfügung (vgl. Kaim 2021, S. 29 & MINUSMA Fact Sheet: United Nations 2022). Von einer geschlossenen oder klaren europäischen Einheit kann nicht gesprochen werden, jedoch von einer klaren Beteiligung Deutschlands am Einsatz. 5.2.5 Die regionale Sicherheit in Mali zu gewährleisten Seit dem Friedensabkommen 2015 hat sich die Lage stetig verschlechtert und stellt die VN-Friedensmission insgesamt infrage. (vgl. Kaim 2021, S. 30) Weitere Problemfelder stellen gerade die Alleingänge der europäischen Länder an der MINUSMA-Mission dar, die bspw. auf die typischen Blauhelme und auf die VN-Farbgebung bei Fahrzeugen verzichten. Außerdem sind europäische Kräfte vornehmlich in als sicher geltende Einsätze gebunden und in anderen Stützpunkten als die restlichen Länder wie bspw. Ägypten untergebracht. (vgl. Mali: Konopka 2020) Das stellt die VN-geführte Friedensmission auch vor interne Probleme und kann die Handlungsfähigkeit sowie Moral der teilnehmenden Länder beeinträchtigen.5.2.6 Terrorismusbekämpfung und die Eindämmung von FluchtbewegungenDie Mission ist unter den Aspekten von Fluchtbewegungen bereits als vernachlässigbar (zumindest für Fluchtbewegungen nach Europa) klassifiziert worden (vgl. Kaim 2021, S. 30f). Außerdem wird wegen der Destabilisierung des Landes sogar mit weiteren Flüchtenden zu rechnen sein. Weiterhin ist die dynamische Situation in Mali undurchsichtig und schwer zu charakterisieren, inwiefern der Terrorismus Deutschland bedroht (vgl. ebd.) und inwiefern Dschihadisten mittlerweile als Hauptproblem angesehen werden können, wenn die malischen Sicherheitskräfte immer mehr in den Fokus von Korruption und Destabilisierung rücken (vgl. Mali: Konopka 2020).  5.3 Ausblick – Bleibt Deutschland im MINUSMA-Einsatz? Die Motive sowie deren Zielerreichung sind größtenteils als Fehlschlag zu werten und stellen als größten Erfolg die Arbeit in der internationalen Organisation, den Vereinten Nationen, heraus. (vgl. Kaim 2021, S. 31f) Dass nicht alle Ziele erreicht werden können, liegt mitunter an der multidimensionalen und dynamischen Situation vor Ort und an der Herausforderung, die den 'Neuen Kriegen' (vgl. Hippler 2009, S. 3-8) und das VN-Peacekeeping in der vierten Generation (vgl. Gareis & Varwick 2014, S. 119-127) kennzeichnen. Somit hängt das Engagement Deutschlands im MINUSMA-Einsatz von vielen Faktoren ab, die bspw. die öffentliche Meinung über Auslandseinsätze und die Beschaffenheit und Einsatzfähigkeit der Bundeswehr nach Etatkürzungen einschließen (vgl. Kaim 2021, S. 32). Wie die Einsatzkosten zeigen (s. Kapitel 3), sind das insgesamt beträchtliche Summen, die die Staatengemeinschaft – und anteilig Deutschland – aufbringen müssen.Während die Stiftung Wissenschaft und Politik noch von größeren Hürden diesbezüglich ausgeht (vgl. ebd.), ist durch den Einmarsch Russlands in die Ukraine ein Paradigmenwechsel mit ungeahnter Tragweite in der deutschen Sicherheits- und Außenpolitik möglich (vgl. Mehrheit unterstützt deutschen Ukraine-Kurs: Tagesschau 2022), der die Fortführung des VN-Peacekeepings neu bewerten wird.  6. Zusammenführung und Interpretation Unter dem Aspekt des VN-Peacekeeping wurden zuerst allgemeine Aspekte umrissen und die Forschungsfrage weiter ausgeweitet. Im Kern geht es um die Frage, wie Deutschland sich im 21. Jahrhundert mit seiner Sicherheits- und Außenpolitik im Internationalen System verortet und inwiefern dies als Erfolg angesehen werden kann. Letzteres ist nur unter bestimmten, einschränkenden Aspekten zu beantworten und ist mithilfe des MINUSMA-Einsatzes zu verorten. Deutschland positioniert sich offen und ernst zu den Vereinten Nationen und folgt dabei historisch gewachsenen Paradigmen und Erfahrungswerten (s. Unterkapitel 4.1): Daraus lassen sich die Bemühungen um einen ständigen oder nichtständigen Sitz im Sicherheitsrat und weiteres internationales Engagement wie im VN-Peacekeeping und somit die Beteiligung in Mali (MINUSMA-Mission) folgerichtig begründen.Deutschland hat ein nationales sicherheitspolitisches Interesse an einer Verregelung des anarchischen Grundzustandes, um die eigene Position darin zu stärken – Unsicherheiten also abzubauen (vgl. Gareis 2021, S. 58). Damit folgt die Politik nicht einer uneingeschränkten Idealismus-Denkschule und zeigt auch zweckrationale Positionen auf. Dennoch ist der MINUSMA-Einsatz in diesem Sinne als Misserfolg zu werten und zeigt besonders in den Bemühungen um Multilateralismus und einer Institutionalisierung des Internationalen Systems, hier in Form der Vereinten Nationen zu interpretieren, erwähnenswerte Erfolge auf (s. Kapitel 5).Die deutsch-französischen Beziehungen hingegen könnten insgesamt unter dem Konstruktivismus Betrachtung finden: Obwohl die strategische Ausrichtung beider Länder nicht immer im selben Verständnis verläuft (s. Kapitel 5), ist sehr wohl ein ernstzunehmender Konflikt zwischen den beiden großen europäischen Staaten nicht anzunehmen und die außerordentliche internationale Kooperation als erwähnenswert anzusehen. Aus der Ausarbeitung tritt ein Dilemma zutage, das wie folgt zu charakterisieren ist: Deutschland als Nationalstaat hat nur begrenzt Ressourcen und Möglichkeiten, die auch interessengeleitet begründet werden müssen. Deswegen ist ein Problem für Deutschland darin zu skizzieren und zu fragen, in welche internationale Organisation sie ihren weiteren Fokus legen wird. VN-mandatierte aber von NATO und EU ausgeführte Friedensmissionen werden bspw. bevorzugt, gleichzeitig wird eine Stärkung der Vereinten Nationen als Ziel formuliert (s. Kapitel 4).Investitionen in allen internationalen Organisationen bringen Deutschland in eine prekäre Situation, wie die Motivlage und die Ausgestaltung des MINUSMA-Einsatzes aufzeigt (s. Unterkapitel 5.2.5). Als Fazit ist festzuhalten, dass der MINUSMA-Einsatz einer oftmals bloßen Rhetorik zur Stärkung multilateraler Beteiligung grundsätzlich entgegenläuft und Deutschland zukünftig als ernstzunehmenden internationalen Akteur kennzeichnen könnte (vgl. Gareis 2021, S. 216). Prinzipiell kann zudem bestätigt werden, dass Deutschland am ehesten seine Fähigkeiten einbringen kann, wenn internationale Legitimation besteht (mit Blick auf das Grundgesetz und der eigenen 'Zurückhaltungs-Konstante'), Bündnis- und beteiligte Partner mit ihren Interessen zumindest kollidieren (vgl. ebd., S. 112) und Multilateralismus als Merkmal auftritt. Daraus lässt sich die Intensivierung in internationale Organisationen ableiten, weil es nachhaltig die Souveränität Deutschlands positiv beeinflussen kann (vgl. ebd.). So kann Gareis (2021, S. 93) zugestimmt werden, wenn er schreibt: "Sicherlich kann auch im Jahr 2020 festgestellt werden, dass Deutschland an seinen Bemühungen um eine Zivilisierung der internationalen Politik durch Regime und Institutionen festhält. Auch ist es seiner Bevorzugung von friedlicher Konfliktbeilegung und Kooperation vor der Machtpolitik sowie schließlich auch seiner grundsätzlichen Bereitschaft zur Übertragung von Souveränitätsrechten weitestgehend treu geblieben – wenngleich die mit dem Zivilmachtkonzept gern verbundene 'Kultur der Zurückhaltung' Ergänzungen durch die Verfolgung stärker nationaler Interessen erfahren hat." Der Ausblick ist jedoch unter der aktuellen Prämisse (s. Unterkapitel 5.3) unter Vorbehalt zu stellen und zeigt deutlich die Unsicherheiten auf, die der Grundzustand der Anarchie treffend formuliert und exemplarisch die angerissene Reformbedürftigkeit der Vereinten Nationen sowie die Handlungsunfähigkeit des Sicherheitsrats hervorhebt. 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"Wenn über das Grundsätzliche keine Einigkeit besteht, ist es sinnlos, miteinander Pläne zu schmieden." – Konfuzius (551-479 v.Chr.).Der grundsätzliche universelle Geltungsanspruch der Menschenrechte besagt, dass die Menschenrechte jedem Menschen auf der Welt zustehen. Die Allgemeine Erklärung der Menschenrechte aus dem Jahr 1948 drückt das folgendermaßen aus: "Jeder hat Anspruch auf alle in dieser Erklärung verkündeten Rechte und Freiheiten, ohne irgendeinen Unterschied, etwa nach Rasse, Hautfarbe, Geschlecht, Sprache, Religion, politischer oder sonstiger Anschauung, nationaler oder sozialer Herkunft, Vermögen, Geburt oder sonstigem Stand […]" (UN-Vollversammlung 1948, Artikel 2). Jedoch ist dieser universelle Geltungsanspruch der Menschenrechte in der Realität häufig noch ein Ideal. Mit der Deklaration von Bangkok, die einige südostasiatische Staaten Anfang der 1990er Jahre unterzeichneten, wurde er sogar explizit in Frage gestellt. Was ist die Sichtweise dieser südostasiatischen Staaten auf die Universalität der Menschenrechte und wie begründen sie diese? Wie könnten Perspektiven für einen interkulturellen Menschenrechtsdialog aussehen? 
In diesem Beitrag werden die Menschenrechte durch eine Definition und einen Abschnitt zur Geschichte kurz vorgestellt. Anschließend wird die Debatte um Universalität und (Kultur-)Relativismus erläutert, welche überleitet zur "asiatischen Perspektive" auf die Menschenrechte und zu den "asiatischen Werten". Abschließend werden die Kritik und Perspektiven für einen interkulturellen Dialog aufgegriffen.Menschenrechte – eine Definition

Zerstörung, Elend, menschliches Leid und der Völkermord an den europäischen Juden führten in "dramatischer Weise die Notwendigkeit eines wirksamen Schutzes grundlegender Menschenrechte durch verbindliche internationale Normen und kollektive Mechanismen" vor Augen (Gareis/Varwick 2014, S. 179).


Die Idee, dass jedem Menschen, "unabhängig seines Geschlechts, Alters, seiner Religion oder seiner ethnischen, nationalen, regionalen oder sozialen Herkunft, angeborene und unveräußerliche Rechte zu eigen sind, die sich aus seinem Menschsein ableiten", verfestigte sich und führte am 10. Dezember 1948 zur Allgemeinen Erklärung der Menschenrechte (Gareis/Varwick 2014, S. 179).

Erstmals wurde in einem internationalen Dokument festgehalten, dass jedem Menschen wegen "grundlegender Aspekte der menschlichen Person" grundlegende Rechte zugesprochen werden. Diese Rechte sind unveräußerlich und vorstaatlich, was bedeutet, dass der Staat sie nicht vergeben kann, denn jeder Mensch hat sie aufgrund der "biologischen Zugehörigkeit zur menschlichen Gattung" inne (Human Rights 2018). Dem Staat obliegt es, diese Rechte zu schützen.

Menschenrechte besitzen demnach vier Merkmale: Sie sind universell (alle Menschen sind Träger dieser Rechte), egalitär (eine ungleiche Verteilung dieser Rechte ist ausgeschlossen), individuell (der Träger der Menschenrechte ist ein individueller Mensch, keine Gruppe) und kategorial (wer der menschlichen Gattung angehört, besitzt sie automatisch) (vgl. Lohmann 2010, S. 36).

Die Erklärung der Menschenrechte aus dem Jahr 1948 ist keine rechtlich bindende Resolution. Doch auch wenn sie rechtlich nicht bindend ist, hat sie "moralische Wichtigkeit bekommen" (Human Rights 2012). Sie wird dem Gewohnheitsrecht zugeordnet, was bedeutet, dass sie sowohl allgemein anerkannt als auch angewendet und deswegen als verbindlich angesehen wird (vgl.: Human Rights 2012). Sie ist das "weltweit am meisten verbreitete und am meisten übersetzte internationale Dokument" (Gareis/Varwick 2014, S. 179) und dient als Grundlage für zahlreiche Abkommen (vgl. Maier 1997, S. 39).

Juristisch können die Menschenrechte wie folgt definiert werden: "Internationale Menschenrechte sind die durch das internationale Recht garantierten Rechtsansprüche von Personen gegen den Staat oder staatsähnliche Gebilde, die dem Schutz grundlegender Aspekte der menschlichen Person und ihrer Würde in Friedenszeiten und im Krieg dienen" (Human Rights 2012).

Seit 1948 haben sich die Menschenrechte weiterentwickelt, und es hat sich etabliert, von den Menschenrechten in drei Generationen zu sprechen. Zur ersten Generation gehören "die klassischen bürgerlichen und politischen Freiheits- und Beteiligungsrechte" wie das Recht auf Leben, Freiheit und Sicherheit oder das Verbot von Folter (Krennerich 2009). Die zweite Generation der Menschenrechte umfasst wirtschaftliche, soziale und kulturelle Menschenrechte, so beispielsweise das Recht auf Bildung, Teilhabe, aber auch auf Freizeit und Erholung. Die dritte Generation der Menschenrechte "bezeichnen allgemeine, noch kaum in Vertragswerken konkretisierte Rechte wie etwa das Recht auf Entwicklung, Frieden oder saubere Umwelt" (Krennerich 2009). Alle drei Generationen "sollten gleichberechtigt nebeneinander bestehen" (Barthel, zitiert nach Hamm 1999, S. 23).

Der Gedanke der angeborenen Rechte, die ein Mensch qua Menschsein besitzt, ist jedoch älter als die Erklärung der Menschenrechte aus dem Jahr 1948 und die Vereinten Nationen selbst. 

Eine kurze Geschichte der Menschenrechte


Der Ursprung der Menschenrechte geht auf das antike Griechenland zurück. Der "revolutionäre Gedanke der Stoiker, der beschreibt, dass alle Menschen gleich sind", wurde durch die im 18. Jahrhundert entstandene Naturrechtslehre weiter gefestigt (vgl.: Müller 2017, 03:06-03:20). Die "überlieferten konkreten Freiheiten der Ständegesellschaft wurden dort in eine allgemeine Freiheit des Menschen umgedacht" (Maier 1997, S. 11). Wegweisend war, dass diese Rechte nun allen Menschen zugesprochen wurden und diese Rechte Ansprüche an den Staat stellten (vgl. Maier, 1997 S. 11f). Denn "[er sollte] nicht tun dürfen, was ihm beliebt, [und] in substantielle Bezirke individueller Freiheit nicht […] eingreifen dürfen" (Maier 1997, S. 12). Als vorstaatliche Rechte kann der Staat diese nur akzeptieren, nicht aber verleihen.

Die Idee der unveräußerlichen Menschenrechte kulminierte schließlich in der Unabhängigkeitserklärung der 13 britischen Kolonien 1776 in Nordamerika (zentrales Dokument: Virginia Bill of Rights) und fand schließlich 1789 in der Französischen Revolution (zentrales Dokument: Déclaration des Droits de l'Homme et du Citoyen) in Europa ihren Durchbruch. Diese Dokumente legten den Grundstein für die modernen Menschenrechte, die nun als Grundrechte in zahlreichen Verfassungen verankert sind. Schließlich, im Jahr 1966, wurden die ersten völkerrechtlich bindenden Menschenrechtsabkommen durch die Vereinten Nationen verabschiedet (vgl.: Wagner 2016).

Besonders eindrücklich zeigt die Geschichte der Menschenrechte, dass ihre Idee auf "konkrete Unrechtserfahrungen der Menschen des Okzidents zurückgehen" (Tetzlaff 1998, S. 60). Darauf, nämlich dass die Menschenrechte 'im Westen' ihren Ursprung haben und individualistisch geprägt seien, bezieht sich im Wesentlichen die Kritik an ihnen. Diese Kritik zieht auch in Zweifel, ob die Menschenrechte universell sind. (Kultur-)Relativismus vs. Universalismus

Verfechter des Universalismus verstehen die Menschenrechte als unveräußerliche, angeborene Rechte eines jeden Menschen. "Niemand kann, mit Bezug auf welche Eigenschaft auch immer, von der Trägerschaft ausgeschlossen werden" (Lohmann 2010, S. 37). Ausgeschlossen ist hierbei auch die "ungleiche Verteilung" der Rechte (vgl. Lohmann 2010, S. 37). So muss der Staat seinen Pflichten nachkommen und für die Einhaltung, Wahrung und Durchsetzung der Menschenrechte sorgen. 

Jedoch werden die Menschenrechte, wie sie 1948 verabschiedet wurden, in ihrem universellen Gültigkeitsanspruch von vielen Ländern und Kulturen auf der Welt nicht akzeptiert. Der (Kultur-) Relativismus in seiner extremen Form sieht die Menschenrechte als nicht vollständig übertragbar und "nur relativ zu einem bestimmten Kultursystem 'begründbar'" (Lohmann 2009). Manche Staaten gehen sogar so weit und verstehen die Menschenrechte als ein westliches Produkt, das "dem Osten" aufoktroyiert wurde. Auch seien die Menschenrechte nicht, wie der universalistische Anspruch behauptet, unabhängig von Zeit, Raum und kulturellem Hintergrund gültig. Sie seien aus der europäisch-nordamerikanischen Aufklärung entstanden, abendländisch geprägt und somit nicht in dieser Form in anderen Kulturkreisen anwendbar. Zudem sei ihre "weltweite Propagierung Ausdruck einer Mentalität der Einmischung, welche die Tradition des Kolonialismus mit anderen Mitteln fortsetze" (Hilpert 2019, S. 230). Tatsächlich sei "das Menschenrechtsverständnis in erster Linie abhängig von dem Menschenbild in einer spezifischen Kultur […], wonach es keinen Standard gibt, der unabhängig von bestimmten sozialen Lebensformen wäre" (Pohl 2002, S. 7).

Von (Kultur-)Relativisten konkret kritisiert werden häufig die "individuelle Selbstbestimmung, die körperliche Unversehrtheit, das Vorrangverhältnis zwischen Individuum zur Gemeinschaft, die Gleichheit von Männern und Frauen, die religiöse Toleranz und die Einschätzung demokratischer Mitbestimmung" (Lohmann 2010, S. 41).

Zum anderen wird bemängelt, dass bei der Verabschiedung der Allgemeinen Erklärung der Menschenrechte im Jahr 1948 die westlichen Länder dominierten, während die meisten Länder des Globalen Südens noch unter kolonialer Herrschaft standen. Viele Staaten werfen dem Westen sogar "moralischen Chauvinismus" (Pollis/Schwab 2006, S. 68), "Ideologismus" und eine "quasi-religiöse" Auslegung der Menschenrechte vor (Pohl 2002, S. 7).

Genau an diese Dichotomie, Universalismus und (Kultur-)Relativismus, knüpfte die 1993 vorgelegte Deklaration von Bangkok an, welche von vielen (süd-)ostasiatischen Ländern unterzeichnet wurde. Bevor die Wiener Menschenrechtskonferenz im Jahr 1993 begann, zweifelten diese Länder die Universalität der Menschenrechte an und legten eine "asiatische Perspektive" auf die Menschenrechte und sogenannte "asiatische Werte" vor. 

Die asiatische Perspektive auf die (Universalität der) Menschenrechte und 'asiatische Werte'

Die ,asiatische Sicht' auf die Menschenrechte und die 'asiatischen Werte' werden im Grunde kulturrelativistisch begründet. Im folgenden Abschnitt werden die 'asiatischen Werte' zeitgeschichtlich eingeordnet und näher erläutert. 

Die zeitgeschichtliche Einordnung der 'asiatischen Werte'

Die Kontroverse, dass sich die Menschenrechte in (Südost-)Asien anders entwickelt hätten, spitzte sich Anfang der 1990er Jahre zu und erlangte mit der Verabschiedung der Deklaration von Bangkok weltumspannende Beachtung. Die Gründe für den Ausbruch dieser Debatte sind vielfältig. Zum einen genoss 'der Westen', vor allem die Europäische Union und die Vereinigten Staaten, zu dieser Zeit beispielloses politisches und ökonomisches Selbstbewusstsein. Der Ost-West-Konflikt war beendet, die Demokratie und der Kapitalismus schienen 'die' Erfolgsmodelle zu sein, die "das Ende der Geschichte" einläuteten (Fukuyama 1992). Die Globalisierung schritt unaufhaltsam voran, während der Kommunismus in vielen osteuropäischen Ländern in sich zusammenbrach. Zudem gewann die Idee des politischen und wirtschaftlichen Liberalismus mehr und mehr an Bedeutung.

In dieser Zeit gingen die Vereinigten Staaten und viele Mitgliedsstaaten der EU auf die Forderung vieler Menschenrechtsorganisationen ein, die Menschenrechte und die Demokratie in anderen Ländern zu verbreiten. Die Regierung unter Präsident Bill Clinton ging sogar so weit und erklärte sowohl die Verbreitung der Menschenrechte als auch der Demokratie zu einer der drei Säulen der US-amerikanischen Außenpolitik (vgl.: Barr 2000, S. 313). Allerdings missbilligte insbesondere China den menschenrechtlichen Druck vieler westlicher Staaten, der durch das Massaker von Tiananmen im Jahr 1989 und Chinas Tibet-Politik stetig zunahm.

Hinzu kam, dass viele ostasiatische Staaten, allen voran China, Malaysia, Japan, Hongkong, Taiwan, Singapur und Südkorea, als 'ostasiatische Wirtschaftswunder' bezeichnet wurden (vgl.: Ernst 2009). Diese wirtschaftliche Prosperität ließ ein "neues Selbstbewusstsein und eine neue politische Elite entstehen, die vom 'Westen' das Recht auf einen eigenen entwicklungspolitischen Weg einforderte und die Vormachtstellung der alten Industriestaaten Europas und Nordamerikas herausforderte" (Ernst 2009). Darüber hinaus sahen sie in der Rolle des starken Staates eine wichtige "Erklärungsvariable" für den wirtschaftlichen Erfolg (Heinz 1995, S. 11).

Die Bestimmtheit, mit der die Europäische Union und die Vereinigten Staaten um die Durchsetzung der Menschenrechte in Asien rangen, wurde von (ost-)asiatischen Ländern als Versuch verstanden, ,Asien' ,dem Westen' unterwürfig zu halten. Zudem wurde die Kritik als "Einmischung, irrelevant und kulturfremd abgewehrt" (Heinz 1995, S. 12).Schließlich, im Vorfeld der Wiener Menschenrechtskonferenz im Jahr 1993, "bestritten [unter anderem] die Regierungen Indonesiens, Singapurs und Chinas die Universalität der Menschenrechte" (Heinz 1995, S. 16). Stattdessen müssten die jeweiligen wirtschaftlichen, sozialen und politischen Bedingungen betrachtet werden, weil sie nur anhand derer verwirklicht werden könnten (vgl.: Heinz 1995, S. 15f). Deshalb wurden sogenannte 'asiatische Werte' vorgestellt. 
Was sind 'asiatische Werte'?

'Asiatische Werte' beschreiben eine (kultur-)relative Sicht auf die Menschenrechte, die in den frühen 1990er Jahren von asiatischen Politiker*innen und Wissenschaftler*innen vorgestellt und von 34 Staaten verabschiedet wurden. Sie umfassen im Groben die Bereiche Politik, Wirtschaft und Kultur (vgl.: Tai 2005, S. 34). Federführend bei der Debatte waren Lee Kuan Yew, der damalige Premierminister von Singapur, und Mahathir bin Mohamad, der damalige Premierminister von Malaysia. Sie, die 'asiatischen Werte', sollen eine Anpassung zum aus asiatischer Sicht "westlichen Modell der Menschenrechte" darstellen (Henders 2017). Die regionale Bezeichnung 'Asien/asiatisch' bezieht sich in diesem Zusammenhang eher auf (Süd-) Ostasien beziehungsweise pazifisch-Asien als auf den Nahen oder Mittleren Osten. Das bedeutet auch, dass sich die 'asiatischen Werte' hauptsächlich auf die "konfuzianische Kultur" stützen und weniger vom Islam oder dem Hinduismus geprägt sind (Ernst 2009).

Allerdings lehnen die ostasiatischen Länder die Menschenrechte nicht grundsätzlich ab. Schließlich haben einige dieser Länder, darunter China, die Allgemeine Erklärung der Menschenrechte 1948 verabschiedet und bekräftigten 1993 in Wien nochmals ihren Einsatz für Prinzipien, die in der Erklärung enthalten sind (vgl.: Tay 1996, S. 751). Sie plädierten mit der Deklaration von Bangkok stattdessen für nationale und regionale Unterschiede in der Schwerpunktsetzung und auch in der praktischen Umsetzung der Menschenrechte (vgl.: Tay 1996 S. 751f).

Befürworter der 'asiatischen Werte' bestanden zudem darauf, dass sie nicht nur durch den wirtschaftlichen Erfolg, den die ostasiatischen Staaten in den Jahrzehnten vor der Wiener Menschenrechtskonvention 1993 erlebt hatten, legitimiert würden, sondern auch maßgeblich für diesen Erfolg verantwortlich seien. Darüber hinaus müsse die wirtschaftliche Entwicklung bei ökonomisch aufstrebenden Ländern über allem stehen; bürgerliche und politische Rechte sollten den ökonomischen und sozialen Rechten deswegen untergeordnet sein (vgl.: Henders 2017).

Bisher wurde keine offizielle "umfassende, verbindliche Liste" vorgestellt (Heinz 1995, S. 25), aber häufig genannte 'asiatische Werte', die bei der Wiener Menschenrechtskonvention 1993 vorgelegt wurden, waren: "Disziplin, harte Arbeit, eine starke Führungskraft" (Tai 2005, S. 34ff), "Sparsamkeit, akademischer Erfolg, die Balance zwischen individuellen und gemeinschaftlichen Bedürfnissen, Respekt vor Autorität" (Henders 2017) und ein starker, stabiler Staat (Barr 2000, S. 310). Darüber hinaus wird "nationales Teamwork", die Erhaltung einer "moralisch sauberen Umwelt" (das Magazin 'Playboy' wird in Singapur beispielsweise nicht verkauft) und keine absolute Pressefreiheit für zentral erachtet (Heinz 1995, S. 26). 

Die asiatische Perspektive auf die Universalität der Menschenrechte

Im Diskurs um die ,asiatische Perspektive' haben sich mehrere häufig genannte Argumente herausgebildet. Einige davon sollen näher beschrieben werden, nämlich die Behauptungen, dass Rechte kulturspezifisch seien, die Gemeinschaft in Asien über dem Individuum stehe, dass Rechte ausschließlich den jeweiligen Staaten oblägen und dass soziale und ökonomische Rechte über zivilen und politischen Rechten ständen. 

Rechte sind kulturspezifisch

Die Idee der Menschenrechte entstand bereits in der Antike auf dem europäischen Kontinent und entwickelte sich schließlich unter bestimmten sozialen, ökonomischen, kulturellen und politischen Bedingungen ebendort und in Nordamerika (vgl.: Li 1996, S. 19). Die Umstände, die die Umsetzung der Menschenrechte voranbrachten, könnten aber nicht auf diese Art auf Südostasien übertragen werden. So beschreibt China in seinem 1991 veröffentlichten Weißbuch, dass sich aufgrund des eigenen historischen Hintergrunds, des Sozialsystems und der jeweiligen ökonomischen Entwicklung die Länder in ihrem Verständnis und ihrer Auslegung der Menschenrechte unterscheiden würden (vgl.: Weißbuch 1991, Vorwort). Das ist eine Haltung, welche auch 1993 auf der Menschenrechtskonferenz in Wien nochmals bekräftigt wurde (vgl.: Li 1996, S.19). 

Die Gemeinschaft steht über dem Individuum

Die südostasiatischen Länder insistierten, dass die Bedeutung der Gemeinschaft in asiatischen Ländern nicht mit dem Primat des Individuums vereinbar sei, worauf die Vorstellung der Menschenrechte beruht (Li 1996, S. 19). Zudem stünden Pflichten über Rechten (vgl.: Nghia 2009, S. 21). Dies seien auch die entscheidenden Faktoren, die 'Asien' fundamental vom 'Westen' unterschieden. Die Menschenrechte seien von Natur aus individualistisch geprägt, was nach (süd-)ostasiatischer Auffassung eine Bedrohung für den (süd-)ostasiatischen sozial-gemeinschaftlichen Gesellschaftsmechanismus darstellen könnte. Als Begründung für diese Behauptung führten die (süd-)ostasiatischen Staaten den Zusammenbruch vieler Familien, die Drogenabhängigkeit und die hohe Zahl an Obdachlosen im 'Westen' an (vgl.: Li 1996, S. 20). 

Soziale und ökonomische Rechte stehen über zivilen und politischen Rechten

Zentral bei der ,asiatischen Auslegung' der Menschenrechte waren die Priorisierung der Gemeinschaft gegenüber der Individuen und die Suche nach dem Konsens im Gegensatz zum Konflikt. Dominanz und Autorität würden nicht limitiert oder gar als suspekt betrachtet, sondern gälten im Gegenteil als vertrauens- und förderungswürdig (vgl.: Tay 1996, S. 753ff). Die asiatische Auslegung, so wurde argumentiert, lege den Fokus auf ökonomische und soziale Rechte, die durch ein starkes wirtschaftliches Wachstum und Wohlstand legitimiert würden, worauf Asiat*innen Wert legten und was ihnen wichtig sei. So proklamiert das Weißbuch der chinesischen Regierung aus dem Jahr 1991, dass "sich sattessen und warm kleiden die fundamentalen Bedürfnisse der chinesischen Bevölkerung seien, die lange unter Hunger und Kälte leiden mussten" (Weißbuch 1991, Kapitel I). Wohlstand könne nur effizient erreicht werden, wenn die Regierenden autorisiert seien, die politischen Rechte ihrer Bürger*innen zu limitieren, um wirtschaftlichen Wohlstand zu garantieren (Li 1996, S. 20).
Die wirtschaftliche Entwicklung müsse deswegen bei ökonomisch aufstrebenden Ländern über allem stehen; zivile und politische Rechte sollten den ökonomischen und sozialen Rechten untergeordnet sein (vgl.: Henders, 2017). Implizit schwingt bei dieser Behauptung mit, dass erst alle basalen Bedürfnisse und eine stabile politische Ordnung sichergestellt werden müssten, um politische und bürgerliche Rechte zu implementieren (vgl.: Li 1996, S. 20f). Befürworter der Idee der asiatischen Perspektive erachten es somit für wichtig, den Staat als Oberhoheit zu sehen (vgl.: Henders 2017). 

Rechte sind die Angelegenheit der jeweiligen Staaten

Das Recht eines Staates zur Selbstbestimmung schließe den Zuständigkeitsbereich der Menschenrechte mit ein. So seien Menschenrechte innenpolitische Angelegenheiten, in die sich andere Staaten oder Organisationen nicht einzumischen hätten (vgl.: Li 1996, S. 20). "Die Bestrebung des Westens, auch bei Entwicklungsländern einen universellen Geltungsanspruch der Menschenrechte durchzusetzen, sei versteckter kultureller Imperialismus und ein Versuch, die Entwicklung [wirtschaftlich aufstrebender Länder] zu behindern" (Li 1996, S. 20). 

Kritik an der asiatischen Perspektive  Generell wurde bemängelt, dass nicht einfach über 'asiatische' Werte geredet werden könne, weil es die einzelnen asiatischen Länder simplifiziere, stereotypisiere und sie um ihre Vielfalt bringe (vgl.: Henders 2017). Des Weiteren seien die genannten Werte nicht alleinig in Asien zu finden, sondern hätten auch in anderen Teilen der Welt Gültigkeit (vgl.: Tai 2005, S. 35). Tatsächlich, so wurde argumentiert, gebe es  keine ,asiatischen Werte', denn der Begriff sei mit "seiner Allgemeinheit und Undifferenziertheit ein Konstrukt, das ganz bestimmten Zielen dienen soll" (Schreiner 1996, S. 57). Außerdem seien nur mächtige Politiker*innen leitender Teil der Debatte gewesen; die Argumente seien weder in die Gesellschaft getragen noch philosophisch (fort-)geführt worden.
Die einzelnen 'asiatischen' Argumente gegen die Universalität der Menschenrechte wurden jedoch auch einzeln kritisiert. Einige Kritiker*innen stellten die Ansicht der Kulturspezifizität in Frage. Das Argument impliziere, dass soziale Normen, die in anderen Ländern und Kulturkreisen ihren Ursprung hatten, in der asiatischen Kultur keine Anwendung finden sollten oder könnten. Kapitalistische Märkte und die Konsumkultur, welche ebenfalls außerhalb der asiatischen Länder entstanden sind, konnten jedoch sehr wohl von asiatischen Kulturen aufgenommen werden (vgl.: Li 1996, S. 20). Die schwerfällige Akzeptanz und Umsetzung der Universalität der Menschenrechte könne somit nicht ausschließlich auf ihre kulturelle Herkunft zurückgeführt werden.

Die zweite Behauptung, dass Asiat*innen die Gemeinschaft über das Individuum stellten, würde als kulturelles Argument missbraucht werden, um aufzuzeigen, dass unveräußerliche Rechte eines Einzelnen sich nicht mit der Idee von asiatischen Gesellschaften verstünden. Kritiker*innen der ,asiatischen Perspektive' sahen hier die Gefahr der generellen Verdammung der Rechte des Einzelnen. Dabei würden individuelle Freiheiten den asiatischen Gemeinschaftswerten nicht generell oppositionell gegenüberstehen. Vielmehr seien grundlegende Rechte, wie eine Versammlungs- und Meinungsfreiheit sowie Toleranz, wichtig für eine Gemeinschaft (vgl.: Li 1996, S. 21).

Beim dritten Argument, welches die südostasiatischen Länder vorlegten, kritisierten viele Verfechter*innen der Universalität der Menschenrechte, dass die nationale ökonomische Entwicklung nicht gleichzusetzen sei mit der ökonomischen Absicherung (sozio-)ökonomisch benachteiligter Gruppen einer Gesellschaft. Nationales ökonomisches Wachstum garantiere schließlich nicht automatisch Rechte für ökonomisch benachteiligte Mitglieder einer Gesellschaft. Stattdessen würden sich politisch-zivile und sozial-ökonomische Rechte bedingen und nur effektiv wirken, wenn alle vier Ebenen garantiert werden könnten (vgl.: Li 1996, S. 22).

Abschließend wurde kritisiert, dass die vorgebrachten Argumente, insbesondere die Forderung der Nichteinmischung in innerstaatliche Angelegenheiten, als Vorwand für einen illiberalen und autoritären Regierungsstil verwendet werden würden. Zudem sollten diese Argumente die Schwäche des wirtschaftlichen Entwicklungsmodells der asiatischen Länder verschleiern (vgl.: Henders 2017). Das sind beides Kritikpunkte, die während der asiatischen Wirtschaftskrise 1997/1998 weitgehend bestätigt wurden und zur Verabschiedung der asiatischen Erklärung der Menschenrechte im Jahr 1998 führten. 

Was ist mit 'asiatischen Werten' passiert?

Der Dialog über die in der Deklaration von Bangkok vorgestellten 'asiatischen Werte' begleitete staatliche und nicht-staatliche Akteure sowie Wissenschaftler*innen bis in die 1990er Jahre hinein. Als im Jahr 1997 eine Wirtschafts- und Finanzkrise Asien ereilte, wurde es jedoch nicht nur still um die 'asiatischen Werte', sie wurden nun sogar "als Ursache der Krise gedeutet" (Ernst 2009). Insbesondere die staatliche Intervention und die starken Familienwerte wurden als Verursacher genannt (vgl.: Ernst 2009). Um den wirtschaftlichen Anschluss an den industriellen 'Westen' nicht zu verlieren, waren Menschenrechtsorganisationen in Südostasien bemüht, den Menschenrechtsschutz bottom-up durchzusetzen. Die Asiatische Menschenrechtscharta, die die 'asiatischen Werte' ablehnt, wurde 1998 von Menschenrechtsorganisationen in Kwangju, Südkorea, verabschiedet. Sie ist auch ein Versuch, asiatische Regierungen bei Menschenrechtsverstößen zukünftig in die Verantwortung nehmen zu können. 

Seit dem Ausbruch der asiatischen Wirtschaftskrise ist die Debatte um 'asiatische Werte' nahezu versiegt. Gleichwohl werden interkulturelle Dialoge über die Menschenrechte weiter geführt. 
Zwischen Kulturrelativismus und Universalismus – Perspektiven für einen Dialog

Eine globale Durchsetzung der Menschenrechte bleibt nach wie vor ein Ideal, ebenso wie deren uneingeschränkte Einhaltung. Die ostasiatischen Länder sind nur ein Beispiel von vielen, denn Kritik an der Universalität der Menschenrechte kommt auch aus anderen Ländern und von anderen Religionen. Dabei hat die Forderung nach weltweiter Umsetzung der Menschenrechte nicht an Dringlichkeit verloren. Wie kann aber ein Dialog über die Menschenrechte oder gar ein Konsens vorangebracht werden?

Bei dieser Problematik ist es wichtig zu bedenken, dass die Menschenrechte kein starres System sind, sondern auch nach ihrer Verabschiedung im Jahr 1948 weiterentwickelt wurden. Zudem hat die Idee der Menschenrechte zwar primär in der Zeit der europäisch-amerikanischen Aufklärung ihre Wurzeln, konnte ihre volle Durchsetzungskraft jedoch erst in der Moderne entfalten (vgl.: Bielefeldt 1999, S. 59f). Insbesondere im Hinblick auf das Argument der Nichtumsetzbarkeit der Menschenrechte in kulturell anders geprägten Regionen "wäre es verfehlt, den Begriff der 'Aufklärung' auf eine bestimmte Epoche der europäischen Geschichte zu verkürzen" (Bielefeldt 1999, S. 60). Schließlich muss es auch für andere Kulturen möglich sein, "humane Anliegen der eigenen Tradition in moderner Gestalt in den Menschenrechten wiederzuerkennen" (Bielefeldt 1999, S. 61).  

Aufgrund dessen sprechen sich viele Wissenschaftler*innen für eine Adaption der Menschenrechte aus. Die US-amerikanische Politikwissenschaftlerin Alison Dundes Renteln, beispielsweise, "möchte am Begriff universaler Menschenrechte durchaus festhalten, ihn zugleich aber auf interkultureller Basis inhaltlich neu bestimmen […], indem sie nach einem weltweit gemeinsamen Nenner in den Wertorientierungen unterschiedlicher Kulturen sucht" (Bielefeldt 1999, S. 45f). Der kanadische Philosoph Charles Taylor spricht sich für einen "ungezwungenen Konsens" aus, der anderen kulturellen Normen Verständnis entgegenbringt (Taylor 1999, S. 124). Der Dialog über die Menschenrechte zwischen Asien und 'dem Westen' solle sich global ausweiten und eine Auseinandersetzung über eine Übereinstimmung an Normen, die menschliches Verhalten und politisches Handeln leiten sollten, starten. Dieser Grundkonsens auf der Basis der Menschenrechte soll bindend sein, darf sich aber in seiner Begründung unterscheiden (vgl.: Carnegie Council 1996). Der deutsche Philosoph Georg Lohmann vertritt wiederum die Position, dass der "Universalismus" nicht zwingend eine "Einheitskultur darstellt oder in einer solchen resultiert" (Lohmann 2009). Für ihn sind Universalismus und Relativismus auch keine Gegensätze; er sieht im Partikularismus das Gegenteil zum Universalismus. Deshalb ist er der Ansicht, dass ein "verwirklichter und rechtlich wie politisch konkretisierter universeller Menschenrechtsschutz die Möglichkeiten einer kulturellen Vielfalt der Menschen erweitern wird" (Lohmann 2009). Kulturelle Vielfalt ist hier aber nicht mit Willkür gleichzusetzen. Unterscheiden muss man zwischen "Besonderheiten, die mit dem Universalismus der Menschenrechte kompatibel sind und solchen, die ihm widersprechen" (Lohmann 2009). "Strikter" soll der Universalismus bei negativen Pflichten agieren, so zum Beispiel beim Verbot von Folter (Lohmann 2009). Bei positiven Pflichten, wie beispielsweise bei Leistungsrechten, kann der Universalismus lockerer angewendet werden und mehrere, kulturell unterschiedliche Auslegungen zulassen (vgl.: Lohmann 2009). Ein interkultureller Dialog und die Suche nach einem Konsens bedeuten jedoch nicht, dass "die Menschenrechte [völlig neu überdacht und] bereits bestehende international vereinbarte Standards und Konventionen […] abgetan werden sollen. Das wäre gefährlich" (Utrecht 1995, S. 11). Für eine strikte Durchsetzung ideal, so konkludiert Lohmann, "wäre ein gut etabliertes Rechtssystem, in dem die Menschenrechte individuell eingeklagt und mit Hilfe staatlicher Gewalten auch durchgesetzt werden können" (Lohmann 2013, S. 19). 
Fazit

Viele (süd-)ostasiatische Länder brachten im Jahr 1993 mit der Deklaration von Bangkok kulturrelativistische Argumente hervor, mit denen sie ihre Sichtweise auf die Universalität der Menschenrechte aufzeigten und rechtfertigten. Eine zentrale Begründung war hier, dass das "individualistische Rechtsverständnis" der Menschenrechte nicht mit dem asiatischen Gemeinschaftsverständnis vereinbar sei (Tetzlaff 2002, S. 5). Ebenso waren die Kulturspezifität von Rechten und das Primat des wirtschaftlichen Wohlstands Teil der Begründung. Auseinandersetzungen darüber fanden bis weit in die 1990er Jahre hinein viel Gehör und Gegenrede.
Erst mit der asiatischen Wirtschafts- und Finanzkrise 1997/1998 wurde es still um die 'asiatischen Werte'.
Was von der Debatte allerdings bleibt, ist die Diskussion über den Universalismus und den (Kultur-) Relativismus, für die der Menschenrechtsrat (MRR) der Vereinten Nationen in Genf eine Plattform bietet. 

Bei allen Vorschlägen und Denkanstößen, die eine kulturelle Sensibilität und Variabilität ermöglichen sollen, ist der interkulturelle Dialog zentral. Fraglich bleibt jedoch, wie gut sich eine Diskussion über Normen auf der Basis der Menschenrechte und deren anschließende Durchsetzung in autoritär geführten Staaten durchsetzen lässt (vgl.: Carnegie Council 1996). Denn schließlich sagte schon Konfuzius (551 v. Chr. bis 479 v. Chr.), dass es sinnlos sei, miteinander Pläne zu schmieden, wenn über das Grundsätzliche keine Einigkeit bestehe. 

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Instantáneas I La historia de las izquierdas: Viejos y nuevos desafíos "La historiografía del movimiento obrero latinoamericano está delimitada por dos presupuestos teóricamente discutibles. Por un lado, al ver su desarrollo através del prisma de la 'Modernidad', se recurre a un conjunto de variables indicativas económicas que refuerzan empíricamente la idea de un continuo industrial progresivo. Por otro lado, la 'modernidad' a nivel político se expresaen el ascenso progresivo de la clase obrera y de la sociedad según sean las formas y grados de participación política. El tránsito lineal e irreversible de lo prepolítico a lo político o la cristalización de una serie continua de lo tradicional-autocrático-democrático signan las opciones de esta historiografíaobrera paradigmática". Ricardo Melgar Bao, El movimiento obrero latinoamericano. Historia de una clase subalterna, Madrid, Alianza, 1988, p. 18. Si bien el movimiento anarquista, el movimiento socialista y sus familias políticas se habían convertido en objeto de la indagación histórica muy tempranamente en la Argentina gracias a la labor de historiadores militantes como Diego Abad de Santillán, Jacinto Oddone y Sebastián Marotta, su incorporación a los estudios académicos data del último medio siglo. En las décadas de 1970 y 1980 las izquierdas emergen en los estudios académicos—pensemos por ejemplo en El anarquismo y el movimiento obrero en Argentina, la obra clásica de Iaacov Oved, de 1978— aunque todavía subordinadas a las historias del movimiento obrero. La Biblioteca Política Argentina que dirigió Oscar Troncoso desde 1983 para el Centro Editor de América Latina acompañando (y al mismo tiempo alimentando) el despertar de la vida política después de siete años de dictadura militar, ofreció un amplio catálogo de estudios sobre las izquierdas, donde predominaban todavía los historiadores militantes de las décadas anteriores (Jacinto Oddone, Alicia Moreau, Oscar Arévalo, Leonardo Paso, Norberto Galasso), a los que se habían sumado nuevas obras provenientes del periodismo y el ensayismo político (Emilio J. Corbière, García Costa, Hugo Gambini, Dardo Cúneo, etc). De todos modos, esta colección le abrió espacio a una nueva generación de historiadores profesionales del movimiento obrero y de las izquierdas que vieron aparecer allí sus primeras obras (Juan Carlos Torre, Hugo del Campo, Mónica Gordillo, Edgardo Bilsky, Ricardo Falcón, Arturo Fernández, Dora Barrancos, entre muchos otros). En colecciones paralelas a la de Troncoso aparecieron también los primeros trabajos de Cristina Tortti y de Juan Suriano, y se reeditó la Historia del Movimiento Obrero en fascículos dirigida por Alberto Pla. Fueron pocos los investigadores que perseveraron en la historia obrera durante las décadas de 1980 y 1990, cuando ese campo conocía un reflujo tanto a nivel local como global. Algunos ensayaron estrategias de renovación temática y metodológica (Hugo del Campo con sus estudios sobre la corriente sindicalista, Juan Carlos Torre con los sindicatos peronistas, Mirta Lobato con las mujeres obreras, Leandro Gutiérrez con la cultura obrera, por mencionar sólo algunos casos). Paralelamente, la historia obrera clásica era sostenida a contracorriente por dos centros independientes, CICSO y PIMSA. En contrapartida, una verdadera oleada de producción sobre las izquierdas tuvo lugar durante los últimos 20 años. Con el nuevo siglo, "las izquierdas" ingresaron por derecho pleno en el campo académico. En un principio empujados por la efervescencia de la "historia reciente", en años posteriores decenas de jóvenes investigadores desarrollaron tesis de grado y posgrado que excedieron el universo de las organizaciones armadas de la nueva izquierda, abordando diversos momentos y figuras del anarquismo, el socialismo, el sindicalismo, el antiimperialismo, el comunismo, el antifascismo, el trotskismo, el maoísmo, el guevarismo y las más diversas familias políticas de las izquierdas argentinas. Los últimos veinte años vieron sucederse coloquios y congresos sobre las izquierdas, obras individuales y colectivas, colecciones editoriales, revistas especializadas, ediciones de fuentes, centros de documentación, programas de investigación colectiva y un sinnúmero de manifestaciones que, finalmente, terminaron por convertir a "las izquierdas" en objeto de la investigación histórica con plena legitimidad académica. Si en la década de 1970 los investigadores profesionales consagrados al estudio de las izquierdas se contaban con los dedos de una mano, medio siglo después constituyen un campo que moviliza varias decenas de investigadores. El repliegue de la historia obrera tradicional dejó libre un espacio de visibilidad para el despliegue de las fuerzas y los movimientos de las izquierdas mismas, independiente de su peso mayor o menor dentro del movimiento obrero. Asimismo, los cuestionamientos a la historia política tradicional fueron desplazando el interés desde la dimensión institucional de los partidos políticos (los congresos, el comité central, el programa, la línea política) a una historia centrada en las diversas manifestaciones de la cultura de izquierdas, como los procesos de subjetivación militante, la construcción de los liderazgos y los roles de género, la división militante entre trabajo manual y trabajo intelectual, la circulación de impresos, los cursos de formación, las lecturas canónicas y las prohibidas, el rol tenso de los intelectuales al interior de las organizaciones políticas, la dimensión comunicacional de la prensa y de las revistas, la lucha por la conquista militante del espacio urbano; el rol de la música colectiva y de la gráfica en la construcción de un imaginario de izquierdas; el rol de los exiliados, los viajeros, los congresistas, los emisarios en la construcción de redes nacionales, continentales e internacionales que permitieron exceder el nacionalismo metodológico de los estudios sobre la "izquierda argentina". El CeDInCI, fundado en 1998, se instaló justamente en esa encrucijada historiográfica. Para recelo de muchos "ortodoxos" de la antigua historia obrera (a medias profesional, a medias militante), la "cultura de izquierdas" estaba inscripta, incluso en plural, en su propio nombre. De modo que el CeDInCI fue desplegando a lo largo de sus 22 años de vida un programa historiográfico en el que perdían peso y legitimidad el análisis de los programas y los pronunciamientos en los que el historiador trataba de encontrar una mayor o menor correspondencia con la "realidad", privilegiando la dimensión de la experiencia militante en toda su complejidad, las dinámicas y los conflictos inherentes a los grupos humanos, el estudio de los procesos de construcción simbólica, los rituales y las ceremonias militantes y toda la dimensión imaginaria de la cultura de izquierdas. La antropología, el psicoanálisis, la sociología, el socioanálisis, la teoría política, el marxismo crítico, la teoría feminista y los estudios de género fueron los principales aliados en esta estrategia de repensar la historia de las izquierdas, declinada en plural, a la luz de la historia social de la cultura. Resistiendo la "desviación culturalista" de este programa, la antigua historia militante logró conquistar cierto espacio dentro del universo académico. Mantuvo hasta donde pudo la centralidad de la historia obrera, sustancializando las clases sociales e hipostasiando la dimensión del conflicto. Abordó la trayectoria de las izquierdas tal como habituaba a hacerlo el Comité Central: según su capacidad para llevar la conciencia verdadera a la clase obrera, lo que se traduciría en su mayor implantación en tales o cuales gremios. La historia de los intelectuales de izquierda fue escrita según su mayor o menor capacidad de inclinar su cerviz frente a la dirección política. La cultura, en tanto que nivel de la superestructura, fue pensada en términos del "frente cultural", un espacio que debía ser atendido oportunamente, sin amplificarse más allá de que lo que Engels ya había dejado establecido. La historia de una corriente política de la izquierda era entendida como la historia de su capacidad para implantar bastiones en el movimiento obrero con vistas a la revolución. Aunque apelara más de una vez a citas de autoridad de Gramsci, la política era concebida en términos de "asalto" o de "guerra de maniobras", antes que como "guerra de posiciones". Por eso esta perspectiva produjo sobre todo historias endógenas del socialismo, el comunismo o el trotskismo donde las disputas hegemónicas entre las fuerzas sociales aparecen apenas esbozadas en un evanescente telón de fondo. Enormes esfuerzos de meritoria investigación en hemerotecas y archivos se ha visto malogrados por esta matriz empobrecida de historia social y política desde la cual la construcción hegemónica, que empieza justamente más allá del plano corporativo de la organización obrera, no puede ser siquiera pensada. En esta literatura están ausentes incluso las categorías mismas que permitirían aprehender la historia de las izquierdas en toda su complejidad, en su densidad y en su drama histórico. Estos modos de concebir y narrar la historia de las izquierdas están en el centro de las objeciones que formula Roy Hora en "Izquierda y clases populares en la Argentina, 1880-1945", un ensayo sumamente estimulante y provocativo aparecido hace pocas semanas en la revista Prismas. Hora parte de un hecho incuestionable: la incapacidad de las izquierdas históricas para romper cierto "techo de cristal" pues "rara vez superaron el 10 % de los sufragios en elecciones libres y competitivas". Y si bien su ensayo aborda el ciclo histórico que concluye en 1945, no sería difícil proyectar esta constatación, con los ajustes del caso, sobre la segunda mitad del siglo XX. El fondo de esta dificultad hegemónica no se debería tanto a problemas de "incomprensión" de las dirigencias políticas de izquierda (el elitismo de los socialistas, el frentismo oportunista de los comunistas o el sectarismo de los trotskistas, por poner algunos casos) como en la capacidad integradora del "país más capitalista y moderno de América Latina". Incluso los historiadores de las izquierdas más reconocidos —José Aricó, Ricardo Falcón, Juan Suriano— habrían subestimado los alcances del potencial integrador de un mercado de trabajo que, signado por los altos salarios en términos comparativos a escala internacional, la capacidad de ahorro, el progreso ocupacional, la movilidad social ascendente e incluso la incorporación a las filas de las clases propietarias, había modelado en la experiencia de los trabajadores un horizonte de progreso que se habría erigido en un "obstáculo formidable" para la radicalización de sus demandas. A esa experiencia en el mundo laboral habrían venido a sumarse otras dimensiones de la integración social, política y cultural como el crecimiento del sistema de salud pública, el aumento de la alfabetización y la expansión del sistema público de educación así como el carácter liberal de la Constitución nacional con su reconocimiento a los diversos credos y cultos, con su libertad de prensa, de opinión y de asociación, a los que vino a añadirse la apertura del régimen político a partir de 1916. Contra el arraigado retrato de una sociedad expulsiva que habría nacido de un sobredimensionamiento del ciclo que se abre con la Ley de Residencia y que alcanza su clímax en la Semana Trágica de 1919, o del que se abre con el golpe militar de 1930, Hora nos devuelve la imagen de una República abierta a acoger a las sucesivas oleadas de perseguidos de Europa, desde los communards de 1871 hasta los republicanos españoles de 1939, pasando por los socialistas expulsados por las leyes de Bismark e incluso por los anarquistas italianos de fines del siglo XIX (pp. 56-57). El autor no desconoce, desde luego, los momentos represivos del Estado sobre los trabajadores, pero los considera "poco significativos" (p. 57) en términos relativos (comparados con otras experiencias a un lado y otro del Atlántico), además circunscriptos a momentos excepcionales (1902, 1910, 1919, 1920-21, 1930, 1943) y focalizados en actores políticos particulares: el anarquismo entre 1902 y 1921, el comunismo entre 1930 y 1945. Por fuera de estas circunstancias accidentales, "la evidencia histórica indica que, en repetidas ocasiones, las autoridades mediaron en los conflictos entre capital y trabajo, a veces a solicitud de los propios asalariados", antes incluso que los radicales llegaran al gobierno (pp. 57-58). El ensayo de Roy Hora tiene el mérito indiscutible de cuestionar los alcances interpretativos de ciertos relatos endógenos fundados sobre todo en las propias fuentes partidarias, ofreciendo un cuadro histórico en el que las izquierdas son reconsideradas dentro del abanico de posibilidades de organización, movilización y transformación social que ofrecía una formación social determinada. Al mismo tiempo, pone sobre el tapete los supuestos de buena parte de los estudios de historia de las izquierdas que concebían a las condiciones para el despliegue de un proyecto inspirado en el deseo de cuestionar el orden sociopolítico como una suerte de invariante histórica, colocándolas de ese modo por fuera de la historia humana. En este relato alternativo, las clases no aparecen sustancializadas ni definidas a priori, sino que se constituyen sobre una experiencia colectiva que, en última instancia, se asienta en las peculiaridades del capitalismo argentino. Buscando explicaciones más allá de los errores programáticos o los aciertos interpretativos de las izquierdas, el ensayo se desplaza del análisis del registro discursivo para inscribirse en el plano de las condiciones económicas, sociales y políticas en que se forjaran las clases populares bajo el influjo de un proyecto de impronta moderada y laborista, y en el que sólo en circunstancias históricas específicas se sintieron atraídas por los discursos impugnadores del orden establecido. Las dificultades de las izquierdas en erigir un partido de clase con arraigo de masas no se derivaban entonces de las otrora llamadas "condiciones subjetivas" —las concepciones políticas de las fuerzas de izquierda— sino de las propias "condiciones objetivas" que ofrecía la Argentina de la primera mitad del siglo XX: una "sociedad sin rígidas fronteras de clase y cuyas jerarquías se hallaban sometidas al efecto disolvente de la movilidad social y ocupacional", en la que "la cultura asociativa trabajó en contra de la aspiración a construir una subcultura obrera autónoma —sindicato, club social y deportivo, biblioteca y centro cultural— como la que forjaron las experiencias socialdemócratas europeas más exitosas" (p. 57). No es difícil adiviniar aquí la actualización de algunas hipótesis avanzadas en la obra obra ya clásica de Leandro Gutiérrez y Luis Alberto Romero, Sectores populares, cultura y política. Buenos Aires en la entreguerra (1995). Pero las hipótesis de Gutiérrez y Romero son radicalizadas con el apoyo de una serie de investigaciones de sólido nivel académico que fueron abriéndose paso a lo largo del último medio siglo para constituirse en lo que Eduardo J. Míguez ha denominado la "nueva ortodoxia revisionista". Es así que Roy Hora puede sustentar su argumentación no sólo en su considerable obra previa sino en la abundante producción de la tradición historiográfica en la que se inscribe —y que remite a los nombres de Roberto Cortés Conde, Ezequiel Gallo, Eduardo J. Míguez, Hilda Sabato, Pablo Gerchunoff y Lucas Llach, entre varios otros, así como a figuras provientes de otros espacios, como Natalio Botana o Luis Alberto Romero. La "reacción neoclásica" (como la llamó el propio Cortés Conde) terminó por constituir una escuela (en el sentido amplio del término) cuyas primeras obras nacieron a comienzos de la década de 1960 en el espacio del IDES y en las últimas décadas, a medida que iba arrojando el lastre del cepalismo y estilizando su teoría de la modernización, se fue asentando sobre todo en el ámbito de la Universidad Torcuato Di Tella y en la de San Andrés. El ensayo de Hora, más allá de señalar matices sutiles en torno a las interpretaciones de autores como Aricó, Falcón y Suriano, tiene por blanco implícito ese conjunto de estudios sobre las izquierdas que "suelen mirar el problema del lugar político de las clases laboriosas con los ojos sesgados de los impugnadores del sistema. Enfocados en los momentos de crisis antes que en los más frecuentes y extendidos de normalidad, suelen apoyarse en relatos sobre la organización obrera que sobreestiman la importancia de sus grupos disidentes, entonces minoritarios, y en la prensa militante que promovía sus reclamos. En este sentido, esa literatura ofrece un ejemplo típico de los sesgos de interpretación nacidos de una selección parcial de la evidencia documental, amén de más interesada en la retórica de combate que en las prácticas concretas y el contexto más amplio en que se desplegaba la acción colectiva" (p. 56). La crítica es certera y la polémica que viene a abrir es sin lugar a dudas auspiciosa. Difícilmente se podría estar en desacuerdo con una perspectiva que invita a desustancializar las clases sociales en pos de una concepción relacional de las fuerzas sociales y que convoca a pensar los alcances y los límites de las corrientes políticas no sólo en el juego de su propio campo sino también en sus propias condiciones materiales-sociales de existencia. Pero el marco histórico que ofrece como alternativa corre el riesgo equivalente de las corrientes que impugna, aunque en un sentido opuesto. Es que frente a los relatos históricos construidos sobre los momentos de crisis, Hora levanta un modelo alternativo focalizado "en los más frecuentes y extendidos de normalidad". El punto de partida es el año 1880, donde no aparecen trazas de "acumulación primitiva", violencia constitutiva, pillaje, apropiación, trabajo forzado ni "campaña del desierto". El capitalismo argentino y su modelo liberal parecen haber nacido inmaculados. Es significativo que el autor no se proponga pensar la historia argentina conforme una dialéctica de crisis recurrentes y ciclos de normalidad siempre provisorios, sino como un proceso de inserción internacional, modernización capitalista e integración social exitosos en el mediano plazo, al menos hasta el inicio de la "decadencia argentina". A la inversa de las perspectivas que critica, en este relato funcionalista del proceso histórico el conflicto social no sólo es excepcional sino que queda rebajado al rango conceptual de mero accidente histórico. Frente al "luchismo" de ciertas perspectivas ciegas a los momentos de negociación, no deja de ser oportuno recordar que en 1902, mucho antes de las experiencias de diálogo y negociación entre Estado y trabajadores que ensayará el gobierno radical de Hipólito Yrigoyen, incluso dirigentes anarquistas como Constante Carballo y Francisco Ros podían ingresar a la Casa Rosada a dialogar con dos poderosos ministros de Estado. Sin embargo, resulta poco convincente la secuencia posterior que ofrece Hora como ilustración de sus tesis —la asamblea de estibadores que no refrendó el acuerdo de sus líderes, la humillación que afectó el prestigio de los ministros, la imagen de debilidad que ofrecía el propio presidente Roca ante la oposición— que terminaría por explicar el estallido de la primera huelga general de la Argentina (noviembre de 1902) y a la sanción de la Ley de Residencia ese mismo mes como el resultado de un encadenamiento (evitable) de accidentes. En la comprensión de este proceso han desaparecido las condiciones materiales invocadas en la argumentación central —manifiestas en los reclamos de los distintos gremios que se fueron escalonando a partir de las demandas iniciales de los estibadores, que pedían cargar bolsas que no superaran los 65/70 kilos. ¿ Es posible que circunstancias perfectamente plausibles como la "humillación" de los ministros o la necesidad de Roca de demostrar firmeza hayan derivado en la sanción de una Ley votada en forma express por las dos cámaras que venía a violentar nada menos que la sacrosanta Constitución liberal de 1853, y que se mantuvo vigente durante más de medio siglo, desafiando hasta el año 1958 los sucesivos intentos de derogación? Como diría el viejo Hegel: pequeñas causas, grandes efectos.1 La huelga misma aparece en el relato como un hecho accidental que podría haberse evitado si los actores se hubieran comportado conforme a su racionalidad esperada, de no ser por el "influjo indebido" que los anarquistas ejercían "sobre el común de los trabajadores". Pero el ejemplo muestra exactamente la situación inversa: son los líderes anarquistas los que negociaron con el gobierno mientras que fue la asamblea de los estibadores la que los desautorizó. Desde luego que puede estudiarse la racionalidad propia de las huelgas de masas, pero es muy difícil, sino imposible, pensar la dinámica de acumulación de demandas materiales y simbólicas propias de los grandes procesos colectivos desde la teoría del racional choice. La racionalidad del comportamiento de aquellas franjas de los obreros migrantes que acompañaron la experiencia del radicalismo primero y del peronismo después es perfectamente comprensible. También la de aquellos que lograron ascender rápidamente en la escala social y alcanzaron altos grados de integración social, política y cultural, adhiriendo incluso a la ideología liberal, en alguna de sus variantes. Pero no debería ser difícil concebir una voluntad de transformación radical del orden social por parte de los que, en la división del trabajo, les tocó acarrear bolsas de 100 kilos en sus espaldas, ni de los que trabajaban 14 horas diarias, ni de los cientos de miles o incluso de los millones de "perdedores" que pagaron los costos de la modernización argentina. El riesgo de pensar la historia "desde el lugar de los impugnadores del sistema" cede aquí su lugar a otro riesgo (sobre el que la historiografía contemporánea suele ser mucho más indulgente): pensar la historia con los ojos sesgados de los integradores del sistema. Roy Hora es convicente al mostrar los límites de los relatos convencionales de historia de las izquierdas autocentrados en su propio despliegue y documentados con sus propias fuentes, pero la productividad historiográfica del modelo tan sólidamente funcionalista que ofrece como alternativa genera toda una batería de interrogantes. Enfatizando los ciclos de normalidad por sobre las crisis, los procesos de integración sobre los de exclusión, el consenso sobre la violencia, la negociación sobre el conflicto, el modelo histórico que ofrece invierte más que supera aquel que vino a impugnar. Las condiciones de posiblidad de la izquierda quedan pues acotadas a la emergencia accidental de un conflicto de clase, para terminar clausurándose una vez que el error se corrige, el conflicto desaparece y el sistema retorna a las rutinas de la normalidad. En su esquema, quizás podrían comprenderse el fracaso ineluctable del anarquismo más allá de 1912 o los límites insalvables de corrientes como el sindicalismo revolucionario en sus años de mayor radicalidad, el trotskismo (o el clasismo de la décadas de 1960 y 1970, si lo proyectáramos sobre el período posterior), pero difícilmente podría explicarse la imposibilidad de las corrientes más reformistas (el socialismo, o el comunismo desde 1935 en adelante) en franquear el "techo de cristal". En este modelo, la ideología que mejor corresponde a la racionalidad de los actores no es otra que el liberalismo. ¿Cómo pensar desde allí fenómenos ya no de la maginitud de las grandes huelgas generales, sino procesos culturales como la tradición antiimperialista de las izquierdas? No tendrían otro interés que el de ideologías de la desviación, en definitiva funcionales a ese latinoamericanismo dependentista que llevó a la Argentina a apartarse de su inserción "en el mundo". Incluso los empeños de las izquierdas por realizar el "programa mínimo" habrían derivado en los altos costos laborales y en el déficit público que aún hoy continuarían gravitando en el corazón de la decadencia argentina. Queda flotando la pregunta si las izquierdas son siquiera pensables desde esa perspectiva, donde sus vertientes más radicales aparecen desplazadas al cuadro de una anomalía, y las izquierdas reformistas reducidas a una astucia de la razón liberal. Colectivo editor 1 Para una discusión argumentada y documentada con la historiografía que ha relativizado o acotado la incidencia efectiva de Ley de Residencia y la Ley de Defensa Social (Barry, Zimmerman, Suriano) para considerarlas como el punto de partida de una serie regular de dispositivos de disciplinamiento por parte de la élite, véase el reciente trabajo de Marina Franco, "El estado de excepción a comienzos del siglo XX: de la cuestión obrera a la cuestión nacional", en Avances del Cesor,vol. 16, nº 20,Universidad Nacional de Rosario, 2019.