Human activity has been impacting marine ecosystems for millennia, and fishing is most often seen as the cause of overexploitation and depletion of marine biological resources (Myers and Worm 2003, Salomon 2009). There is a wealth of recent studies illustrating how our perception of pristine conditions in the seas and oceans has shifted over generations. This is referred to as 'Shifting Baselines'. A wide range of evidence about (pre) historical reference conditions and early baselines has increased the awareness on the limitations associated with the current scientific methods to determine appropriate reference conditions against which current targets for conservation and management are set, in particular for fisheries (Pinnegar and Engelhard 2008). It is acknowledged that environmental reference conditions and targets must strive to integrate all available and relevant data and information for improved assessments, including incorporating historical data into conservation and management frameworks (Pinnegar and Engelhard 2008, McClenachan et al. 2012). Historical data can contribute in explaining underlying cause-effect relations in changes in the ecosystems, potentially reveal information and knowledge from past conditions (Jackson et al. 2001), and help defining reference conditions and achievable targets for environmental management today. The present thesis focuses on quantitative data to extend the timeframe of current analyses on fisheries (landings, fleet dynamics, spatial dynamics, indexes of productivity of the fleet and impact of fishing) and on the reconstruction of historical timeseries to expand our knowledge on historical references for the Belgian sea fisheries. In achieving this, it intends to counter the concept of 'Shifting Baselines' applied to the Belgian Sea fisheries. The 'Historical Fisheries Database' (HiFiDatabase) is a product of this thesis. It is the result of a thorough search, rescue, inventory, standardization and integration of data for Belgium's sea fisheries that were not available before in the public domain or were not available before in the appropriate format for redistribution. It is documented and stored in the Marine Data Archive of Flanders Marine Institute and is freely available for end-users. It contains a unique and substantial collection of time series with standardized species names, reporting units, fishing areas and ports of landing (Lescrauwaet et al. 2010b). It is a 'living' product in the sense that new, relevant, quality-controlled time-series can be added as they are discovered or produced. Considering the relative size of the fleet, the short coastline and the limited number of fish auctions and fishing ports in Belgium, it is fair to say that the present reconstruction of Belgian sea fisheries depicts a relatively complete picture of historical volume, value and composition of landings, fleet dynamics, fishing effort and spatial dynamics. The project and its methodology offer a blueprint for similar reconstructions in other countries. The reconstructed time-series indicate that, since the onset of systematic reporting mechanisms in Belgium in 1929, landings reported by the Belgian sea fisheries both in foreign and in Belgian ports amounted to 3.3 million tonnes (t). After a maximum of 80,000 t in 1947, annual landings declined steadily to only 26% of this peak by 2008 (Lescrauwaet et al. 2010a). The most important species over the observed period in terms of landings were cod (17% of all landings) and herring (16%), closely followed by plaice (14%), sole (8%), whiting (6%) and rays (6%). In terms of economic value and based on values corrected for inflation, sole (31%) and cod (15%) were the most valuable, closely followed by plaice (11%), brown shrimp (5%), rays (5%) and turbot (3%). Near to 73% of all landings originated from 5 of the 31 fishing areas. Twenty percent of all landings originated from the 'coastal waters', while these waters contributed nearly 60% of all landed pelagic species and 55% of all landed 'molluscs and crustaceans'. The North Sea (south) and the Iceland Sea were next in importance with 17% and 16% of all landings respectively. The eastern and western part of the central North Sea, contributed each with approximately 10% of the total landings (Lescrauwaet et al. 2010a). The Belgian fisheries have followed a development of 3 major successive exploitation phases in which 3 major target species or target species groups were exploited until events or processes triggered a transition to a new phase: a 'herring' period between 1929 and 1950, a 'cod' (and other gadoid and roundfish) period between 1950 and 1980 and a period marked by plaice/sole between 1980 and 2000 (and after). This successive exploitation of targeted species was also associated with exploited fishing grounds, successively the Coastal waters for herring, the Icelandic Sea for cod, the North Sea south and the North Sea central (east and west) for sole/plaice, later also complemented by the 'western waters' (English Channel, Bristol Channel, Irish Sea) for the flatfish fisheries. To understand and interpret the trends in landings and changes in target species (groups), it is crucial to look at trends and changes in the fishing fleet and the fishing sector inserted in a wider socio-economic and political context. In the present thesis work, a reconstruction was made of the fleet size (from 1830), tonnage (from 1842) and engine power (kW from 1912) of the Belgian sea fisheries fleet. The time-series show a 85% decrease in fleet size and a 5% decrease in overall engine power (kW) since WWII. This decrease was compensated by a 10-fold increase in average tonnage (GT) per vessel and a 6-fold increase in average engine power (kW) per vessel. In only 10 years time after WWII, the fleet size decreased from approximately 550 to 450 vessels in 1955 (Lescrauwaet et al. 2012). Between 1955 and 1970 major structural changes took place in the Belgian sea fisheries fleet. These changes were driven first by the shift in the main fishing activities towards Icelandic waters in the 1950s and in the early 1960s by the governmental subsidies for the purchase of new steel hulled medium-sized motor trawlers and the introduction of the beam-trawl (Poppe 1977, Lescrauwaet et al. 2012). This led to less but more powerful vessels: between 1960 and 1975 the fleet size declined from 430 to approximately 250 vessels (-42%). The decline in fleet size was exacerbated when Iceland demarcated its territorial waters from 12 nm to 50 nm in 1972 and when the presence of Belgian fishermen within the declared 200 nm EEZ of Icelandic waters became subject to a 'phase-out' in 1975 (Lescrauwaet et al. under review). As a consequence of the loss of the Icelandic waters towards 1980, Belgian vessels shifted their activities again towards the central part of the North Sea (Omey 1982) and - to a lesser extent - towards the English Channel, Bristol Channel, South and West Ireland and the Irish Sea. From 2000 onwards specific programmes were oriented to the decommissioning of ships with the aim to reduce fleet capacity. In 2012, the Belgian commercial sea fishing fleet counted 86 ships, with a total engine capacity of 49,135 kW and gross tonnage of 15,326 GT (Roegiers et al. 2013). The reconstructed time-series suggest that total landings decreased with total fleet size and with total fishing effort. At the level of the Belgian fleet, the total number of days spent at sea decreased from approximately 91,800 days in 1938 to 15,100 days in 2010 (-84%). The landings (kg) per vessel per day at sea or per day fishing have doubled between 1938 and 2010. The time-series shows at least 4 successive events: a first event (1939-1945) marked by WWII and the increased landings of herring in coastal waters. The exceptionally high landings per unit of effort are partly explained by the cessation of large-scale herring fisheries in the North Sea during WWII combined with the effects of two strong year classes. The second period is situated in 1951-1955 and coincides with the steep increase in landings from Icelandic waters. Thirdly, an increase in landings is observed between 1960 and 1967, which coincides with the state subsidies to introduce the beam trawl firstly in shrimp vessels (1959-1960) and later for flatfish fisheries. A final conspicuous event concerns the period of increased levels of landings per vessel per day between 1977 and 1986. After standardization as landings per unit of installed power (LPUP) to account for the average increase (x6) of engine power per vessel, the landings have decreased by 74% from an average 1,3 t /installed kW in 1944-1947 to 0,38 t /installed kW in 2009-2010. Interestingly, the average price of landings (all species, all areas , all fisheries aggregated) is negatively correlated with the decreasing fishing effort and decrease in overall landings. This suggests that the Belgian sea fisheries compensated for the losses by targeting species that achieve better market prices. Although the LPUP are illustrative of the changes in the productivity of fisheries, they cannot be interpreted as a proxy of change in biomass of commercial fish stocks, because the Belgian fisheries have targeted different species and fishing areas over time. Trend analysis to study change in fish stocks must be conducted at the level of different métiers or fisheries, taking into account issues such as specificity and selectivity of gear, environmental conditions in the targeted fishing area, seasonality of fishing and behavior of target species. In the present thesis, a closer look was taken at the impact of sea fisheries. In a first part, a quantitative approach was taken to reconstruct total removals by Belgian sea fisheries by including the unreported and misreported landings of commercial and recreational fishing, as well as an estimation of discards. The methodology applied in this reconstruction can serve as a blueprint for similar reconstructions in other countries. The results are useful to inform current policy issues and societal challenges. This reconstruction covers 6 fisheries with historical or current importance for Belgium (Lescrauwaet et al. 2013). Total reconstructed removals were estimated at 5.2 million t or 42% higher than the 3.7 million t publicly reported over this period. Unreported landings and discards were estimated to represent respectively 3.5% (0.2 million t) and 26% (1.3 million t) of these total reconstructed removals. During the WWII, the Belgian fisheries benefited a 10-fold increase in catches and 5-fold increase in LPUE of North Sea 'Downs' herring. In the present thesis, these increased catches were explained by the combined effects of a major increase in catch power after WWI, the effects of the cessation of large-scale herring fisheries in the central part of the North Sea and by the effects of strong pre-WWII year classes (Lescrauwaet et al. revised manuscript under review). A third subchapter focused on the otter trawl fishery in Icelandic waters targeting cod. This fishery was of great economic importance in Belgium but decreased with the 'cod wars' (1958 and 1972) coming finally to a complete end in 1996. While the decline in total landings from Icelandic waters started after Iceland expanded its EEZ in 1958, the fishing effort of the Belgian fleet continued to increase until a peak was reached in 1963. The results show that the decline in the Iceland cod stock was visible at different levels; the decrease in the proportional importance of cod in the overall landings, the 75% decrease in the LPUE (1946-1983), the decline in the proportion of 'large' fishes, and finally the decline or shift in the definition of a 'large' specimen. As a result of this thesis, unique data are presented on the trends in volume and composition of landings for the Belgian part of the North Sea (BNS). The waters of the BNS are considered as the most important fishing area in terms of source of food for local population, but also as the most stable provider of food. The BNS and in particular the ecosystem of shallow underwater sandbanks is also important as (post)spawning and nursery area (Leloup and Gilis 1961, Gilis 1961, Leloup and Gilis 1965, Rabaut et.al 2007). The HiFiDatabase broadens the historical view on fisheries and serves as a basis for a range of potential research, management applications, and in support of policy-making. In particular, the time-series provide unique historical reference conditions of fishing in the Belgian part of the North Sea and a potential baseline for fisheries management in territorial waters or for the coastal fisheries. The latter is useful in the context of the EU Marine Strategy Framework Directive, the EU Habitat Directive and the proposal for Maritime Spatial Planning on the Belgian part of the North Sea. Finally in the present thesis work, important efforts were dedicated to approach the history of fisheries from different disciplines of work. The results underline the importance of collecting economic data, inventorying historical archives and historical legislation, historical economy and politics, in order to improve the interpretation and analysis of results. As advocated by the current integrated policies for the marine environment, both the challenge of the task and the richness of the results rely on a multidisciplinary approach.
Inhaltsangabe:Introduction: General Definition and Justification of Issues and Objectives: The publication of the Modigliani and Miller (MM) capital structure irrelevance theorem in 1958 and the subsequent preference of purely debt financing due to tax advantages in 1963, was in contradiction to traditional approaches which suggested an optimal capital structure. Meanwhile the theories of MM are academically accepted and out of competition with other approaches, since the underlying assumptions, especially the existence of perfect capital markets, is considered as unreal. However, in every economic boom, when access to capital becomes easier, financial markets seem to come close to the conditions of perfect markets, characterised by high competition and prosperity. It is found that the western economic order is marked by asset bubbles that resulted in over one hundred crises over the last three decades and which bring companies back to reality with a hard landing. Access to capital becomes extremely restricted and uncertainty dominates as the collapse of Lehman Brothers in September 2008 showed. Although signs were evident in 2007, the change from prosperity to depression can come overnight, where free market policy shows its true face, with unpredictable damages deeply wounding in the economy, and seeming to paralyse even the most experienced economists. Since liquidity becomes a scarce resource and consumption declines, free cash flows that were previously available to finance an amply corporate structure, dividends and bonuses, are likely to fall. As debt, if any, must still be paid back – often to worse conditions than before – corporations might run out of liquidity, as has happened to major US companies during the last twelve months. Also, investments that ought to ensure future profits are likely to be reduced or to come to a still stand, sending firms and the economy in a downward spiral. However, as experienced and predicted by Copeland and Greenspan, systematic organisations which are considered as 'too-big-to-fail' are offered bail-outs at the cost of society. This work aims to investigate the impact of the capital structure on the profitability of large capitalised US companies. It does not, therefore, aim to test existing theories, nor does it try to find a model to predict one or another capital structure, since numerous attempts have previously been made that have so far struggled to capture the full complexity of the real world. Rather, it focuses on correlations between capital structure and profitability and major profitability-associated measures that can have an impact on a firm's survival, i.e. liquidity, dividends, investments and the impact of an industry-related target gearing ratio as a potential systematic risk. Thus, this work is supposed to contribute to the understanding of how resistant companies are to financial distress, and it provides evidence on the extent to which vulnerability can be reduced to prevent major systemic crises by means of their capital structure adjustments through the awareness of shareholders and corporate governors. Research Questions and Methodology: The basis of this research project is a selection of secondary performance data over the period from 2004 to 2008 of firms listed in the Standard Poor's 500 index (SP 500) in January 2004. The index represents the 500 largest capitalised US companies among ten sectors that reflect the whole US market. The combination of the US market and the SP 500 companies, who have access to the widest range of financial sources, is expected to give a highly reliable result to find empirical evidence for the following research questions. Question 1. According to the MM theorem and the pecking order theory that relies on information asymmetry between insiders and investors, leverage should not depend on the industry a firm is in. However, evidence suggests that firms in different industries operate with different capital structures. Thus, the first hypothesis (H1) is to verify whether industry-specific leverage exists. Question 2. Since revenues are likely to decrease in an economic downturn, this reduces a firm's ability to meet debt payments, which is expected to have a negative impact on profitability. The second and central hypothesis (H2) is, therefore, that a negative correlation between gearing ratio and profitability exists, i.e. higher geared firms are less profitable. As this research question is the centre of attention, it merits a deeper investigation than all other hypotheses, especially for the years 2007 and 2008. Question 3. Most of the companies are affected by financial distress, not because they are not unprofitable, but because they have no liquidity. If cash inflows decline, firms are likely to be unable to finance current expenses, including the interests on debt. Hence, the third hypothesis (H3) is the existence of a correlation between gearing ratio and liquidity. Higher geared firms are supposed to have lower cash positions, especially in 2008. Question 4. Investments in RD are crucial for survival and competitiveness of firms within some industries. Since higher geared firms must concentrate more to the avoidance of financial distress, they may tend to reduce expenses in long-term RD projects that have no immediate effects. The aim of the fourth hypothesis (H4) is to prove whether a correlation between gearing ratio and RD expenditure exists, especially in 2008, that is expected to have a negative influence on future profits. Question 5. Highly geared companies are encouraged to pay out higher dividends by transferring wealth from bondholders to shareholders, although managers should have an incentive to reduce them if liquidity becomes a scarce resource. The fifth hypothesis (H5) is, therefore, to find evidence of the existence of a correlation between gearing ratio and dividend policy, especially in 2008. Overview and Organisation of Chapters: This dissertation is organised into seven sections, each with a brief statement at the beginning and the end of the issues previously and subsequently discussed. Although this might seem repetitious, it enables the reader to go through in multiple sessions. The following few paragraphs give an outline of the next six sections. After the introduction and definition of the above stated research questions, section 2 attempts to review the existing literature on capital structure with a discussion of the main theories, after which a more detailed focus on the fields in respect of the research questions is provided. Section 3 discusses and justifies the methodology used to answer the research questions, which refers to data sampling and data collection, the treatment of missing values, the variables defined and applied hypothesis testing methods. Section 4 outlines the key findings in respect of the hypotheses initially stated, which are then analysed and discussed. Where appropriate, the results found are related to the most relevant findings discussed in the literature review. Section 5 recalls the research objectives and findings previously obtained. After that, it concludes with the underlying assumptions required for the implications drawn from those findings, which are part of the next section. Section 6 attempts to identify management implications and recommendations to solve the issues. Based on the results revealed from the sample, it aims to identify measures in reducing vulnerability and systematic risk in order to achieve sustainable economic growth without adverse effects for society. Section 7 points to the achievement of the objectives of this study, its strengths and weaknesses. Ultimately it gives insights to the personal development drawn from the execution of this research project with reference to difficulties faced.Inhaltsverzeichnis:Table of Contents: Abbreviations4 Acknowledgements5 Abstract6 1.Introduction7 1.1GENERAL DEFINITION AND JUSTIFICATION OF ISSUES AND OBJECTIVES7 1.2RESEARCH QUESTIONS AND METHODOLOGY9 1.3OVERVIEW AND ORGANISATION OF CHAPTERS10 2.Existing Theories and their Predictions12 2.1EXISTING THEORIES12 2.1.1The Trade-Off Theory14 2.1.2The Pecking Order Theory18 2.2PREDICTIONS OF EXISTING THEORIES21 2.2.1Capital Structure and Industry21 2.2.2Capital Structure and Profitability24 2.2.3Capital Structure and Liquidity27 2.2.4Capital Structure, RD and Tangible Assets28 2.2.5Capital Structure and Dividend Policy30 2.3A FINAL COMMENT32 3.Methodology34 3.1DATA SAMPLING34 3.2DATA COLLECTION35 3.2.1Missing Values and Adjustments36 3.3VARIABLES AND THEIR DEFINITIONS37 3.3.1Leverage and Gearing37 3.3.2Profits and Return39 3.4HYPOTHESES AND HYPOTHESES TESTING39 3.4.1H1: Capital Structure and Industry40 3.4.2H2: Capital Structure and Profitability41 3.4.3H3, H4 and H5: Capital Structure, Liquidity, RD and Dividend Policy42 4.Findings and Analysis44 4.1H1: THE IMPACT OF INDUSTRY ON CAPITAL STRUCTURE AND ASSOCIATED VARIABLES44 4.2H2: THE EXISTENCE OF A CORRELATION BETWEEN LEVERAGE AND ROCE54 4.3H3: THE EXISTENCE OF A CORRELATION BETWEEN LEVERAGE AND LIQUIDITY59 4.4H4: THE EXISTENCE OF A CORRELATION BETWEEN LEVERAGE AND RD62 4.5H5: THE EXISTENCE OF A CORRELATION BETWEEN LEVERAGE AND DIVIDENDS66 5.Conclusions71 5.1CAPITAL STRUCTURE71 5.2PROFITABILITY72 5.3LIQUIDITY72 5.4INVESTMENTS73 5.5DIVIDENDS74 6.Recommendations76 7.Reflections80 7.1OBJECTIVES80 7.2STRENGTHS81 7.3WEAKNESSES AND LIMITATIONS81 7.4PERSONAL DEVELOPMENT83 Bibliography84 Appendix ASP 500 industries, January 2004 and June 200991 Appendix BMissing values of dead firms, based on balance-sheet records92 Appendix CSignificant year-by-year correlations of core factors with Gearing 293 Appendix DIndependent t-test of delisted and non-delisted firms94 Appendix EIndependent t-test of the ten lowest and highest geared firms95 Appendix FIndependent t-test of the ten less and most profitable firms105 Appendix GMann-Whitney test of the ten lowest and highest geared firms115Textprobe:Text Sample: Chapter 2.2.5, Capital Structure and Dividend Policy: Shareholders expect a return on their investments, either in the form of an increase in share prices or through dividends for placing equity at the disposal of a business. Since some organisations, such as pension funds and charities, periodically require revenues, dividends might be preferred that also reduces transaction costs. This reality might be overseen in the simplified MM argument of 1961, according to which, dividend policy does not matter in perfect markets. Dividend announcements, due to information that they contain, influence stock prices and thus the market value of a firm which has an impact on equity issues, according to the pecking order. This concept was approved by Asquith and Mullins on a sample of 168 publicly listed US companies from 1964 to 1980, who began to pay dividends. Also Baskin argues that '[d]ividends provide signals both to current and future earnings' and found that higher dividend payments in 1965 resulted in considerably higher debt levels in 1972. He (ibid.:31) observed that the level of dividend payouts is rather stable, since '[s]erial correlation after twelve years is 0.714 and amounts to about 50% explained variance'. In contrast, Antoniou et al. find a negative correlation of gearing and dividend payments for US firms only, while Lintner argues that dividends depend on profits and successful investment strategies that allow a stable compensation for shareholders. Also Rozeff argues that more investment opportunities lead to lower dividend payout ratios that, however, do not reduce agency costs, which are offset by higher transaction costs for debt issuance. Thus, according to the pecking order theory, dividends contain information about the future that makes dividend policy a 'sticky' subject, 'while capital spending varies over the business cycle' that increases debt levels. According to Baskin, 'the need to adhere to stable dividend policy appears to be much stronger than those motivating adherence to some statically defined optimal capital structure." In a severe downturn, however, where profits and financial resources shrink, it is worth questioning whether a firm should stick with dividend policy or would be better selling undervalued assets to generate liquidity. An observation made by Graham is that 'dividend-paying firms issue debt more conservatively than do non-dividend-paying firms, even though they presumably have less severe informational problems.' This implies higher leverage for non-dividend-payers as is confirmed by Frank and Goyal. Thus, firms who pay dividends do not only have less interests to pay, but would also be able to reduce dividend payments in bad times and thus are able to avoid financial distress, while for them it is easier to continue investments. Another explanation is that non-dividend-payers have more growth opportunities, requiring new investments that are leveraged with external debt, while mature firms do not always have the possibility to invest in profitable projects. Baskin states that 'an increase in equity issues necessarily results in greater dividends, and greater dividends in turn give rise to a larger burden of personal taxation.' As a result, investors would prefer lower dividends in favour of faster growing share prices. While young firms with large growth potential do not have these problems with free cash flows, rational investors of mature firms expect dividends to avoid over-investment. Also large firms, who generally pay higher dividends, tend to expand more slowly than small ones, as observed by Baskin, which implies higher dividend payouts.
Ausgangspunkt der vorliegenden Arbeit war es, das theaterhistorische Phänomen des chinesischen experimentellen Theaters komparatistisch sowohl als das Ergebnis der Begegnung zweier sehr verschiedener kulturhistorischer Linien (China/ Europa) zu beschreiben als auch in den traditionellen Kontext chinesischer Theaterinnovationen einzuordnen und aus ihm heraus zu erklären. Behandelt wird u.a. der machtpolitische Kontext interkultureller Begegnungen. Es stellt sich die Frage, ob man auf einem "transzendentalen Hügel hockend" China beobachten kann. Man ist immer wieder mit der Frage konfrontiert, aus welcher Perspektive man bei der Untersuchung anderer Kulturen zu adäquaten Ergebnissen kommen kann. Soll man einen aussenstehenden Beobachterposten behaupten oder soll man anerkennen, dass die eigene Anwesenheit vor Ort den Beobachtenden bereits involviert in das zu Beobachtende oder soll man sich seiner eigenen Aktivität bewusst werden und den ohnehin fiktiven Objektivitätsstatus bewusst aufgeben? Ich konnte während der Arbeit an der Inszenierung "Leg deine Peitsche nieder - Woyzeck" in Peking künstlerische und Alltagskommunikation erleben und Einsichten gewinnen, die ohne diese Arbeit unmöglich gewesen wären. Die chinesische Kultur hat bereits frühzeitig Schriftsysteme und eine Schriftkultur ausgebildet. Dennoch haben meine Untersuchungen ergeben, dass die Bereiche der Wissensvermittlung (Lern- und Lehrverhalten), der darstellenden Künste und der sozialen Kommunikation bis in unser Jahrhundert hinein von einer Tradition oraler Techniken und Kommunikation geprägt sind. Ganz wesentlich ist z.B. traditionell der Aspekt der LEIBLICHKEIT bei der Wissensvermittlung. Das Leibwissen eines Lehrers wird durch ständiges Üben und Wiederholen durch den Schüler in dessen Leib inkorporiert. Die Schüler (im profanen, im religiösen oder künstlerischen Bereich) werden hauptsächlich in das WIE der Übungen, nicht aber in das WARUM eingewiesen, weil sich aus der Logik dieses Denkens ergibt, dass sich aus der ausgefeilten Qualität des Geübten mit der Zeit der Sinn dessen über den Leib des Schülers von selbst erschließt. Oralen Techniken von Wissensvermittlung ist es eigen, dass sie dem Wiederholen größeren Wert beimessen als dem Neuerfinden. Dies ist eine Traditionslinie, die noch heute für das chinesische Sprechtheater wirksam ist. Innovation im chinesischen Kontext bedeutet vor allem Detailinnovation, aufbauend auf ein gegebenes Modell. Die chinesische Gesellschaft verfügt über ein reiches Instrumentarium theatraler Kommunikation. Aufgrund der Sozialstruktur und des ausgeprägten Relationsdenkens verfügen die kulturell Kommunizierenden über "shifting identities" wie Jo Riley es für die Darsteller im chinesischen traditionellen Musiktheater feststellte und wie Rosemarie Juttka-Reisse ein adäquates Phänomen für die Praxis von sozialem Rollenwechsel in sozio-kulturellen Kommunikations- und Interaktionsprozessen nachwies. "Shifting identies" bedeutet, dass Kommunizierende in der Lage sind, spontan und flexibel auf neue Kommunikationskontexte mit dem entsprechenden performativen Instrumentarium zu reagieren. Dieser Umstand hat weitreichende Konsequenzen für die Rollengestaltung im chinesischen Theater. Zum Beispiel ist der Brecht'sche Begriff der Verfremdung aus diesem Grunde NICHT oder bestenfalls nur partiell auf das chinesische Theater anwendbar. Die Brecht'sche Verfremdungstheorie ist nicht dem chinesischen Theater abgeschaut, sondern auf das chinesische Theater projiziert. Im Zusammenhang mit dem Leiblichkeitskonzept steht eine spezifische Vorstellung der EINVERLEIBUNG von Wissen, auch nicht-chinesischen Wissens. Beispielsweise wird bis in die 1990er Jahre hinein immer wieder auf die VERDAUUNGSMETAPHER zurückgegriffen. Das Einverleibungsprinzip, welches in engster Verbindung mit dem chinesischen Ahnenkult steht, ist mindestens einmal einer Fundamentalkritik unterzogen worden. Kurioserweise geschah dies nach der Einverleibung westlichen Wissens, insbesondere der Fortschrittsidee und der Vorstellung evolutionärer historischer Weiterentwicklung. Lu Xun nämlich prägte die Metapher der Menschenfresserei, die sich auf die als reaktionär erkannte Einverleibung "feudalistischen" Wissens aus der alten, dem Westen unterlegenen chinesischen Gesellschaft bezog. Seither gibt es die "fortschrittliche" und die "reaktionäre" Verdauung, wobei der Diskurs um kulturelle Identität, um Erneuerung und Bewahrung immer wieder neu festzulegen versucht, was gegebenfalls nützlich oder nutzlos ist. Die Entstehung des chinesischen experimentellen Theaters ist ohne das Eingebettetsein in historische Linien der chinesischen Theatergeschichte nicht erklärbar. Aneignungsmuster in bezug auf die Aufnahme neuer Anregungen aus anderen Kulturen haben eine traditionelle Logik entwickelt, die man nur erkennen und einordnen kann, wenn man sich ausführlich den historischen Voraussetzungen und Rahmenbedingungen von Theater in China widmet. Deshalb bin ich auf diese historischen Linien ausführlich eingegangen. Das experimentelle Theater in China setzt diese Linie fort. Deshalb kann man schlussfolgern, dass das chinesische Sprechtheater "eine Art Pekingoper mit anderen Mitteln" ist, und nicht ein bürgerlich-westliches Sprechtheater mit chinesischer Kolorierung. Das chinesische Theater hat sich über die langen historischen Zeiträume seiner Entstehung als sehr aufnahmefähig für interkulturelle Anregungen gezeigt. Man kann sagen, dass es das Ergebnis dieser Interaktionsprozesse ist. In diesem Sinne ist die Integration westlicher Theaterstile und damit auch die Entstehung des experimentellen Theaters als traditionelle Strategie im Umgang mit dem Fremden anzusehen. Es handelt sich tendenziell nicht (nur) um einen Ausdruck von Modernität, sondern von Tradition. Es ist in der chinesischen Theatergeschichte nicht um die Echtheit/ Authentizität des adaptierten ausländischen Materials gegangen, sondern hauptsächlich um die Anwendbarkeit im eigenen Kontext. Das wiederum führt folgerichtig zu dem Schluss, dass es z.B. keine "falsche" Rezeption westlichen Theaters in China geben kann, sondern nur eine chinesische. Der experimentelle Zugang zu neuen Formen innerhalb der chinesischen Theaterkultur ist ein historisch praktizierter. Die chinesische Praxis des Experiments ist historisch verbunden mit einer Praxis des Ausprobierens, Integrierens, Ausschmückens, einer Art Patchwork-Strategie. Im Gegensatz zum westlichen Begriff des Experiments ist diese Praxis nicht an abstrakte Hypothesenbildung und die systematische Beweisführung gebunden. Hauptinstrument neuer Erkenntnisse war die empirische Beobachtung. Die Entstehung des experimentellen chinesischen Theaters im 20. Jahrhundert, welches erstmals an verschiedene Begrifflichkeiten gebunden wird und nicht einfach als historische Praxis dem chinesischen Theater inhärent ist, deutet auf eine neue Qualität dieses Phänomens in der chinesischen Theatergeschichte hin. Die neue Qualität im Vergleich zur historisch-experimentellen Praxis besteht darin, dass die chinesische Kultur erstmals in ihrer Geschichte als Hochkultur Asiens mit einem ernstzunehmenden, hegemonial operierenden Feind konfrontiert war, der mit seinem ökonomisch-militärischen Potenzial die Qualität der chinesischen Kultur als Ganzes in Frage stellte. Nun sahen sich die chinesischen Eliten gezwungen, die westlichen Mittel zum chinesischen Zweck des Überlebens zu machen. Aus diesem Grunde wurden westliche Ideen und Praktiken, wie z.B. das bürgerliche Sprechtheater rezipiert. Dies musste als Praxis aber auch als Begriff umgesetzt werden. Aus diesem spezifischen Entstehungskontext ergibt sich eine unterschiedliche Richtung der Theateravantgarden in China und im Westen. Während die historische Theateravantgarde im Westen in ihrer Kritik am bürgerlichen Theaterkonzept und in ihrer Auseinandersetzung mit Industrialisierungs- und Technologiesierungsprozessen auf "Retheatralisierung" des Theaters drängte, gingen die chinesischen Theaterkünstler den entgegengesetzten Weg. Die neuen historischen Erfahrungen ließen sich in den volkstümlichen Geschichten und den historischen Analogien des traditionellen chinesischen Theaters und in ihrer stilisierten Theatralität nicht mehr adäquat darstellen. Plötzlich wurde ein neues Realismuskonzept, welches nach DETHEATRALISIERUNG drängte, wesentlich. Darüberhinaus gehört es zur historischen Linie des chinesischen Theaters, dass es stark profitierte sowohl von nicht-chinesischen Anleihen anderer Theaterkulturen als auch von den Volkskünsten der eigenen Kultur. Es waren zunächst Laiendarsteller und Amateurtheaterkünstler, die in den 1920er Jahren die vielfältigen Kategorien des chinesischen "experimentellen" Theaters erfanden und später in einen professionellen Status überführten. Neben den kulturellen Einflüssen des westlichen Imperialismus war China ebenfalls mit dem hegemonialen Bestreben insbesondere des sowjetischen Kulturimperialismus konfrontiert. Die sowjetische Kulturpolitik favorisierte das Stanislawski-Konzept. Dieses wurde dann zunächst, nach Gründung der VR China 1949, zu einem der Grundpfeiler der Idee eines neu zu entwickelnden chinesischen Nationaltheaters. Seit den 1980er Jahren wird es zunehmend kritisiert. Seitdem werden andere westliche Konzepte interessant. Dazu gehören die Konzepte der westlichen historischen Avantgarde ebenso wie die des absurden und weitestgehend postmodernen Theaters. Seit den 1990er Jahren sind zwei Haupttendenzen im modernen chinesischen Theater festzustellen. Zum einen unterliegt das Theater rigiden Kommerzialisierungstendenzen. Zum anderen sieht sich das Theater einer Vielzahl neuer Unterhaltungsmedien (TV, Kino, Karaoke, Shows etc.) gegenüber, die es veranlassen, sich verstärkt auf die spezifischen Möglichkeiten theatralen Ausrucks zu besinnen. Das führt dazu, dass nun sowohl das theatrale Potenzial des klassischen chinesischen Theaters interessant wird ebenso wie die Retheatralisierungsversuche der westlichen Avantgarde. Seit Mitte der 1980er Jahre ist eine erneute, hitzige Debatte über Begriff und Inhalt von experimentellem Theater im chinesischen Kontext zu beobachten. ; The starting point of this paper was both to describe the theatre-historical phenomenon of Chinese experimental theatre in a comparative way, as the result of the encounter of two culture-historical lines differing very much (China/Europe) and to put it in its proper historic context and thus to explain from its context. The power-political context of intercultural encounters is dealt with. The question arises whether one would be able to watch China at all " sitting on a transcen-dental hill". You are constantly facing the question from which perspective you can achieve adequate results when researching/ investigating foreign cultures. Should you maintain your (external) observer status or should you recognise that your own presence at the site involves the observer what he watches or should you consciously give up the anyhow fictitious status of objectivity. While staging "Put down your whip - Woyzeck" in Beijing at the State theatre called Central Experimental Theatre I could experience both artistic and every-day communication, without which this paper would and could never have been written. The Chinese culture has developed writing systems and a written culture early on in history. Nevertheless, my study has shown, that instruction (learner and teacher behaviour), performing arts and social communication have been highly influenced by the oral tradition of communication throughout the centuries. The aspect of corporality in instruction is essential. The teacher's incorporated knowledge is transferred to the student's body through permanent exercise and repetition/revision. The student (worldly, religious and artistic spheres) is taught HOW to do the exercise but not necessarily WHY because part of this thinking is the idea that the awareness of the meaning of the skill comes to the student through his body. This implies that it is a characteristic feature of oral instruction/information stresses repetition rather than innova-tion. This line of tradition has always been efficient for the Chinese spoken drama, even today. Innovation in a Chinese context means chiefly innovation of detail based on a model given. The Chinese society developed a rich variety of tools of theatrical communication. Due to the social structure and a well-developed relational thinking the cultural communicators have "shifting identities" as Jo Riley stated it in terms of the performers in the Chinese traditional music thea-tre. Rosemarie Juttka-Reisser confirmed an adequate phenomenon for the practice of switching social roles in processes of socio-cultural communication and interaction. "Shifting identities" means that communicators are capable of spontaneously and quickly responding to new communication contexts through adequate performative sets of instruments. This has an impact on the performance of roles in Chinese theatre. Therefore the Brechtian term of alienation, for instance, can not or only partly be applied to Chinese theatre. Thus, the Brechtian theory of alienation is not derived from Chinese theatre but rather projected to it. Linked to the concept of incorporation of knowledge is a specific image of incorporation of knowledge including the non-Chinese one. Up to the 1990s the metaphor of digestion had been used again and again. The principle of incorporation which is closely connected with ancestor cults underwent fundamental criticism at least once. Curiously enough, this happened after the incorporation of Western knowledge, in particular of the idea of progress and evolution/ revolution. Lu Xun coined the metaphor of cannibalism. This relates to the traditional incorporation of the so-called "feudal" knowledge based in the Chinese culture which has been understood as inferior to the West. Since then there has been "progressive" and "reactionary" digestion; discourse about cultural identity, about renewal and preservation of Chinese values has always been trying to re-determine what is useful or useless respectively. The appearance and existence of the Chinese experimental theatre can not be explained without it being embedded in the line of Chinese (theatre)history. Patterns of acquisition in terms of the perception of new stimuli from other/foreign cultures have developed a traditional logic which can only be recognized and categorized if you have a deeper understanding of the historic condition and the whole framework of theatre in China. Therefore I dealt with this historical line in detail. The experimental theatre in China continues this line to a certain extend. This results in the Chinese spoken theatre being "a kind of Beijing opera with a different approach" but not a bourgeois Western spoken drama with a Chinese touch. Throughout its history the Chinese theatre has always readily absorbed intercultural stimuli. So you can say that these processes of interaction have contributed to contemporary Chinese theatre. Thus you can regard the integration of Western theatre styles including the development of the experimental theatre a highly traditional strategy for encountering and dealing with the foreign element. This strategy is not an expression of modernity only but mainly of tradition. Chinese theatre history was not particularly interested in the authenticity of the adopted foreign material but in its application within the Chinese context. This has led to the conclusion that there cannot be any "wrong" perception of the Western theatre in China but only a Chinese. The experimental approach to new forms within the Chinese theatre culture has been used all the time. The Chinese experimental practice has indeed been linked with integrating, ornamenting and trying out resulting in a kind of patchwork. In contrast to the Western term of experiments this practice does not depend on abstract hypotheses and proofs systematically shown. This is partly due to Western sciences focussing on mathematics while Chinese sciences were concentrating on dealing with problems of relations (physics). Therefore they (have) preferred empirical observation to mathematical analysis in order to achieve new knowledge. In contrast, the experimental Chinese theatre in the 20th century, reflects a new quality in their approach to theatre which, for the first time, attempts to use concepts like in the Western theatre. The reason for this new approach resulted from the fact that for the first time in its history Chinese culture as an Asian high culture was faced with a serious hegemonially operating enemy that questioned the quality of the Chinese culture as a whole through its economic and military potential. The Chinese intellectual elite was forced to respond to the Western threat by using Western methods (including spoken drama) in order to survive: using a Western means to a Chinese end. These specific historical circumstances and power relations have led to different directions of avantgarde theatre movements in China and the West in the early 20th century. Western and Chinese theatre artists went opposite ways: while the former initiated the Re-theatralisation in their criticism of the bourgeois theatre concept and of industrialisation; the latter focused on De-theatralisation which had become a new concept, that of realism/ naturalism. The new experiences of the time could no longer be expressed in their folktales and historical analogies of the traditional Chinese theatre and its stylised theatricality. Amateurs (in particular students of big cities) were the first to invent the various categories of a Chinese "experimental" theatre and later transformed its status into a professional one. Apart from cultural influences of Western (including Japan) imperialism China faced the same problems with the Soviet cultural imperialism. The Soviet cultural policy favoured Stanislavsky's concept. This idea became the basis of a new Chinese national theatre which was to develop after the formation of the People's Republic of China in 1949. Since the 1980s it has increasingly been criticised. In addition other Western concepts have attracted attention including concepts of the Western historical avantgarde, the theatre of the absurd and post-modern theatre. Since the 1990s two major tendencies of modern Chinese theatre can be stated. On the one hand, the theatre is subject to rigid tendencies of commercialisation (which means that the state cut the subsidies), on the other hand, the theatre is confronted with a variety of new entertainment media (TV, cinema, karaoke, shows etc.) which make it remember its specific oppor-tunities of theatrical expression (now including traditional Chinese theatre forms). At the moment a new heated debate about the term and the content of experimental theatre is going on.
1. General observations Africa south of the Sahara is probably the most vulnerable region when it comes to the impact and consequences of climate changes. Yet the African continent runs a serious risk of being marginalized in the global dialogue on climate issues. Africa contributes little to the global emissions of CO2, and other greenhouse gases. The major focus of the Framework Convention on Climate Change is on abatement and mitigation of emissions rather than adaptation to the consequences of climate change, and African states have therefore been slow to ratify the treaty and not as active in the international negotiation process as states from other parts of the world. Curbing emissions if justifiably not a central African concern. Yet Africa's potential vulnerability should demand attention from both African policy makers and other decision makers. Africa's natural resource base is seriously threatened. The two central guiding principles of African climate policy both on the part of governments and of international institutions should be reducing vulnerability on the one hand and increasing resilience on the other. Decision makers should not use the remaining scientific uncertainty and the acknowledged dearth of detailed information on African resource management as an excuse for inaction. Not taking climate change into account could be a serious source of mismanagement and fallacious planning. Both increase in temperature and increasing variability of climate are serious dangers in the future. Land degradation policies as well as future energy development should be central concerns. Any strategy for Africa should seek to minimize the potential conflicts among the concerns and priorities for development, adaptation and abatement. Africa's vulnerability to climatic changes relates to a number of factors, including 1) the dependency on bio-fuel, 2) the importance of agriculture, 3) immobility, 4) poor health services, 5) population growth, and 6) low material standards. In the case of Africa, it is difficult to make clear distinctions between abatement and adaptation measures. Social and economic development are necessary in order to prepare the continent for adaptation. 2. African obligations and opportunities under the Climate Convention Forty-nine African states have signed the Climate Convention, but only 33 have ratified so far (23.06.95). Ratification is important because- 1) it signifies the acceptance of the principles of the convention and 2) ratification will be required for financial support under the FCCC. The substantive obligation of all African Parties is a commitment to formulate a climate policy and how it could be implemented. Developing countries shall report on their inventories of GHG emissions, along with their plans and measures to meet the convention's objective within three years after the entry into force of the convention. Least-developed countries may report at their own discretion. Multilateral financing institutions should invest in data gathering on all levels to enhance awareness and improve the possibility for responsible governance in respect to natural resource management and environmental protection. Joint Implementation (JI) can allow for cost effective implementation of the Climate Convention, and provide funding for climate related projects for countries where financial resources are scarce or lacking. 3. Modeling of climate change in Africa There are still substantial limitations in the ability to provide accurate predictions of future climate in Africa. Confidence in regional model predictions is low and there are substantial differences between the models. One can distinguish between three regions when it comes to climatic changes in Africa: 1) Sahel region, 2) corresponding dry regions south of the Equator in Zimbabwe, Botswana, Malawi, etc., and 3) the tropical region centered around the Equator. Major findings from IPCC -90 and -92 of relevance for Africa Temperature. Expected increases in annual average surface temperature at the time of C02 doubling: Northern subtropical region (including Sahel): 2 degrees Celsisus (0.5-3.0 degrees Celsisus), Tropical region: 1.5 degrees Celsisus (0.5-2.5 degrees Celsisus), and Southern subtropical region: 2 degrees Celsisus (0.5-3.0 degrees Celsisus). Precipitation: Increase in surface temperature and increased radiative cooling of the atmosphere due to doubling of CO2, concentrations lead to increased evaporation at the surface and increased intensity of convective precipitation (e.g. thunderstorms from large cumulus towers). Sea level rise: Thermal expansion is regarded as the most important process. Predictions are a 20±10cm increase in sea level at the time of CO2, doubling. IPCC-90 estimates up to a 65cm increase in sea level in year 2100, but this number is likely to be decreased to 40~45cm in the new IPCC-95 report. Observed trends. Since 1895, annual average temperatures has increased by 0.53'C over continental Africa. The recent 25 year dry period in Sahel is the most substantial change in observed precipitation in the global record. Explanations have been sought in 1) land use changes, and 2) circulation changes caused by changing patterns of sea surface temperatures (SST). If the drought represents the first sign of a global warming remains however uncertain. Current anthropogenic emissions of greenhouse gases (GHGS) in Africa. 1) Carbon dioxide (CO2): The major source is land use change (~70); the rest originates mainly from industry and transportation. The African contribution of CO2, was in 1990 estimated to be about 7 0f the world's total. 2) Methane (CH4,): Emissions in Africa are about 7 0f the world's total, with livestock being the main source. Industrial sources are oil and gas production and coal mining. 3) Nitrous oxide (N2O) sources are mainly of natural origin. 3) Chlorofluorocarbons (CFC): Africa's share of global CFC emissions is estimated at 3. 4. Natural resource management The uncertainties in predicting climate change impacts in Africa must be underlined, and other human or natural influences may mitigate or exacerbate the effects. Natural variability in Africa is also substantial, and people are to a large extent adapted to changes. Still, predicted human-induced climatic changes are expected to occur very rapidly, and little is known about the capability of the ecosystems - which forms the basis for human existence - to adapt to such changes. It is also clear that impacts of climate change will be unevenly distributed: groups with the highest present vulnerability, such as poor people and people living in marginal areas, will most likely suffer most. Generally, changes in the frequency of extreme weather events would probably have greater impact than changes in average conditions. Agricultural Resources. The fertilizing effect of enhanced CO2 level on plant growth is well documented in laboratory studies, but disputed when it comes to complex "real-world" systems. Other factors concerning climate change impacts on agriculture include 1) Warmer climate and changes in rainfall may reduce the appropriability of present crops. Already being a major problem today, loss of crop and livestock genetic resources may threaten sustainable agricultural development and adaptations to future changes. 2) Increased intensity of rainfall may increase soil erosion, nutrient leaching and crop damage, 3) Changes in timing and length of growing seasons may lead to planning problems, 4) Loss of rainfall in marginal and vulnerable areas would exacerbate drought and desiccation problems, increase risks for bushfire and put forests at their dry margins at risk, and increase problems in animal husbandry, 5) Some models predict a noticeable loss of food production in Africa, but regional variations would probably be large, and local differences (such as in cropping systems) will to a large extent determine how significant the climate change impacts will be. 6) Sea level rise will put low lying agricultural areas at risk, and may render major rivers unsuitable for irrigation. Fish resources. Fish make up a significant part of the food supply in Africa, with a total harvest potential estimated at 10.5 million tons. It is expected that global warming will, varying with species, relocate fish populations. Freshwater populations in small rivers and lakes are vulnerable due to restricted ability to move in response to changes. In areas becoming drier, loss of habitat would also represent a threat. Fish populations are generally very sensitive to even small changes in frequency of extreme events. For the more mobile marine fish populations, relocation does not necessarily mean that production and potential yields are lowered, but subsistence and small scale-fishermen may suffer if institutional arrangements do not enable them to move within regions and across boundaries. Biodiversity. Impacts on biological diversity should be of particular concern, as the welfare of human beings strongly depends on the existence of biological systems and processes. Biological diversity provides a wide range of goods and services, including a genetic basis for agricultural development, and represents a heritage of unique species and ecosystems. Species will probably respond differentially to climatic changes, leading to new aggregations and ecosystems. In ecological terms, the predicted changes will occur over a short period of time. Migration is expected to be the main adaptation strategy, and adaptation success will be determined by the species' ability to respond quickly enough, as well as the suitability of the migration routes: Migration may be blocked by natural or human imposed barriers, or the natural environment (e.g. soils) may be inappropriate. A large part of the natural bio-diversity in Africa is confined to isolated reserves surrounded by agricultural land. Small populations are particularly vulnerable, and endemic species will be at risk of extinction. The changes would on the other hand favor species with high dispersal rates, ability to colonize a wide range of habitats and a high tolerance towards stress. Water resources. Past droughts have shown that for marginal and vulnerable areas, even a small reduction in water supply is critical. Water scarcity has substantial health and ecological consequences. Even today, there is growing scarcity of water in many African regions, and several countries rely on water originating outside their borders. Sea level rises can be expected to lead to increased saltwater intrusion in the groundwater. Desalinization is too costly for most countries. Hydro power generation is also vulnerable to temperature increases and rainfall changes. Social, political and economic impacts. Many authors mention the risk of getting more "eco-refugees". In addition to the social and health problems they may create, major migrations would also increase political tensions. Economic impacts include costs of climate-caused damages and costs of adapting to climate changes. In low-lying areas, sea level rise may cause substantial losses of land for human habitation, which in river deltas and urban centers will be aggravated by subsidence caused by extraction of water and hydrocarbons. 5. African priorities African policy statements emphasize that contributions to Climate Change mitigation efforts should not adversely affect their development targets. Few African countries have national policies explicitly aimed at combating climate change impacts, as they are not required to develop such plans until 1997. African policies are expected to concentrate on combating vulnerability. More specifically, this involves capacity building in a number of areas, including formulation of national and regional inventories and programs, development of effective negotiation skills, developing research capabilities, conducting cost-benefit analyses, and capacity building in the area of technology assessment and transfer. Improvement in planning capacity and governance would improve Africa's resilience to eventual climate changes. Future energy scenarios. African countries should get support in taking advantage of new technology for alternative energy resources, where no-regret options should be given priority. It should be underlined that effective mitigation measures against global warming must reinforce national economic policies and enhance the welfare of households. Three different energy scenarios for Africa are discussed: 1) Stagnation, 2) Growth based on fossil fuels, and 3) Sustainable growth. Scenario 1 is characterized by slow economic development and rapid population growth. Scenarios 2 and 3 involve high social and economic development and falling fertility rates. Scenario 2 is a fossilfuels based development, while scenario 3 provides large scale use of alternative energy sources and sustainable economic development. Economic development and improved living standards, especially among women, are necessary to reduce population growth. Abatement measures. Abatement measures may be carried out as part of a development strategy. Such no-regret options may however need additional funding to be carried out, since market failures and national constraints to the economy may make such options too costly for African governments. One should focus on measures with limited impacts on activities "outside" the market economy. The concern for climate change could make the support of new technology in Africa more attractive, but one should be aware that this may bias the countries' preferences for projects.
Issue 4.3 of the Review for Religious, 1945. ; MAy !'5, 1945"' ' ",, ris in rl÷|ncjs~ ampere " ~ ~v~ ~ '~ f~ -";~ ,~ ¯ 7ESUS CHEST IN ~THE WRITINGS OF R~MI~RE--.~" ~,7- '-~ "~ Dominic U~ger,.6.F.M~Cap: . ~. sMEDITATION, . BOOK~ , FOR MINOR~. ~S~MINAKIES Vo1. IV, No~ .3~ ~'/Publish~d 3~onthl¢; Jan~arg, Mar~h,'Mag July'September~and No~ember a~ ~h~ Cdlieg~iPres~ 606 H~ms~n Street, T~peka K~ns~s ~b~ St. Mar7 s College St. M~gs w~th ecclesiastical approbatton. Entered as~second class matter-Januar~ 15 1942 . at thvPost O~ce Topeka Kansas underthe act of ~arch 3+ 1879~' ~'~ *~ . ?"Edit0rih1.Board: Adam C. Ellis, S.J., G. Au~usfifie Ellaid,. S.J., Getaid"Kelly, S J.~: Editorial-Secretary. Alfred F. Scfine~der S J ~ . : Coplright 19~ b7 Adam,C. Ellis: permission is hereb7 grantld for quotations 3"~" of reasonableTl¢ngth,, provided due credit, ,be given this review" and the' author. -("Subscription price: 2 'dollars a,year . ,? . . ~ " ~ ~rmte~ m.U.S;t~; .- ~ . . J' / 89)~.~, ~' Our deification is as certain ds the dogma of the divinity ~;, . bf Christ/of which it is the complement. oit is novmereiy "for itself-that ~l~e:'holy Hiamanity of Jesu.s" has ~e~ei~;ed, tfie ,,_ ~f-ul:nessof the di~Jinity through the personal union with the °~.~ -Wbrd,, bu~ als0.to make all humanity divine b~ granting'a :ihareiof Hii plenitude to all whowish to receige, His ~' ~ 'muni~tion. ~ Wh.en God ~redestined His own Son to be the :i'~7 ._ ¯ S0~a 0[ l~a~ry, "He p~e ~destined us t,o become His ~ad0pfed:sons ,b~y' union~with His onb/-begotten Son. (Ephes!gns~l:5). In becoming incarnate the" W;~d "of Gbd communk~(ed ¯ ~H.is di~iinity inca very personal manner to one soul and one ~ ,body in Christ. But his limitless love, embracing th~ whol~ _ world, mad~ it poss!ble for all,o .men toshare in-tha.tpartici- , . patton of the divine¯life. "His (Christ's) InCarnation ~a~ , -- no other end or aim, than to c6mmunicate His divine" life. ~ - to us: , ,~ . - But if-the'fulness 6f the diyinity!belongs.~shbstantially to.Jesus .- ~ Christ gl0ne (C01. 2:9), all who are united to Him by holy ba'ptis~rri .~'becoNe parta~kers in this fulness each according to his measure (John- ~ ~1:16),.: .-.,Ali o~iaer individual -natures belonging, to o~hd ia~e ~.~ Adaha shall be called, to unite themselve~ to-tBi~ privilqged nature, and to recei~'e by t'his union a very real communication,of its divine~iife. ¯ There shall be but one only, Go~d-Man: but" all men who. shal1~ be ~DOMINIC- UNGER~ Son of the~Heayenly :~E~th~r; but~all those.,who shall be willing-t~ receive~ thii~only Son shall becomethereby thd adopted sons of His Ffither add shall adqfiire - ,g s~rjct, right to share in H)s heavenly inhe/i(affce. "-(Tbe" Ap6stlesbip oLPr~g~r,,~p. 138: and The Laws o~ Prodidence, p. 90.)- ~ . ,"L It is possible for Christ to b~ the Head ~f all men and to i m~ke'~hem divine becahse.He is personally' unit~d"with Go~ ahd because He possesses the fulness of divine life. which He " fofcef~!y stated b~.Father Ram~{rd:- ~ . ~ Jesfis Christ is, therefore,.3n a ver~ real sense, the Head of huma~ ity ~nd of tile w~ole spiritual creation: .for from Him alone~do~s thd 'divine li~e ~our itself forth on angels and men, as really as animal lif~? ~s~reags' fr6m'the h~ad into every ~a[t pf our body." From Himhnd ~'flom Him alon~ proceed all supernatural acts which are d~ne 'io-heaven arid earth. We capnot acquire the least ;merit, do the least ~c~i'on,.conceive the least" thought,pronounce the least w~rd. in the supernatural order, if these different ~mov¢ments are not in-~ur hearts. *~througb~ an ~mpul~e'of His Divine~ Heart. This adorable ~art is 'for: all h~manity, in the order of grace, what ~he sun,.in ~fie physical okder, is for the earth and th~ 6ther planets which'gravitate~around it. - ~- The fact that Christ h~s, made it possibld --;_re~el~eHls o~n Bo'dyafid Blood in~the Eucfiari~t is ~an?- argument that He ifitend~d usto be divine. This union of -man~ith
"Self-preservation is the first duty of a nation"Alexander Hamilton "The whole point of the doomsday machineis lost if you keep it a secret!!"Dr. Strangelove VI) El Interés Nacional y las políticas de poder La mayoría de los teóricos han recurrido al interés nacional como concepto ordenador y exegético del accionar de los estados en el concierto internacional. Alexander Wendt (1999: 242) reconoce que nadie puede negar que los estados actúan sobre la base de intereses nacionales, tal como ellos los perciben y los definen. Toda teoría de relaciones internacionales o de política exterior articula su entendimiento del relacionamiento de los estados en el S.I en referencia, precisa o difusa, al interés nacional. El interés nacional, como concepto teórico, cumple dos funciones, una normativa y una descriptiva. El rol normativo intenta aportar, en última instancia, un estándar a partir del cual juzgar la conducta de los estados, basándose principalmente en consideraciones éticas. Este es precisamente uno de los principales puntos que los realistas, y en particular el principal teórico del interés nacional, H. Morgenthau, criticarán. La función descriptiva trata sobre el componente empírico (lo que los estados hacen) del interés nacional (Nincic, 1999: 30). En otras palabras, la concepción del interés nacional oscila entre lo que debería ser y lo que efectivamente es (o ¿cuál es la política exterior implementada que defiende el interés nacional?). Si bien existe un consenso sobre la idea del interés nacional como motor de la acción del estado, esta unanimidad no se aplica a la definición sustantiva del término (función normativa) ni tampoco, en cierta medida, a su rol descriptivo. Esto tiene importantes consecuencias en la elaboración y conducción de la política exterior. Efectivamente, la política exterior, de ser racional, debe estar en sintonía con la idea que nos hacemos del interés nacional. En otras palabras, la política exterior debe apuntar siempre a defender el interés nacional. Sin embargo, este aspecto, o sea la visión descriptiva de lo que es el interés nacional (o de las políticas implementadas en su defensa) no siempre encuentra unanimidad, incluso dentro de una misma escuela teórica. En este sentido, es interesante estudiar el debate entre H. Morgenthau y Henry Kissinger en torno a la guerra de Vietnam y en qué medida la intervención americana se justificaba en defensa del interés nacional. Si Morgenthau, el principal teórico realista en materia de interés nacional criticaba la intervención, H. Kissinger, el principal policy maker realista, pensaba todo lo contrario (Zimmer, 2011). La noción o idea de interés nacional puede, y de hecho representa y vehicula distintos significados y justificaciones (morales, económicas, de seguridad, políticas, etc.) de la acción de los estados. El interés nacional recorre el mismo camino difuso que nociones tales como Nación y Comunidad. Al debate histórico de qué o quién representa la Nación (Greenfield, 1999: 48-49), el interés nacional obliga a una reflexión sobre los objetivos nacionales así como sobre el propósito y razón de ser del estado (el encargado de perseguir el interés nacional). Los primeros en preocuparse por la noción de interés nacional fueron los teóricos realistas clásicos, como Tucídides, Hobbes o Rousseau. Más recientemente, una perspectiva liberal y luego una visión constructivista, aún más cercana en el tiempo, han atacado la concepción realista del interés nacional, quebrantando aún más la idea de una lectura unívoca y monolítica de este concepto (Battistela, 2002: 143). El tratamiento que los realistas han dado al interés nacional, y en particular Morgenthau, ha sido fuertemente criticado por otras escuelas teóricas, particularmente los liberales y los constructivistas, pero igualmente los behavioristas. Estos últimos ven en la noción de interés nacional un concepto a nula operacionalización científica, incapaz de explicar el accionar y la continuidad de la política exterior de los estados. El interés nacional es, para los behavioristas, lo que la nación, y más precisamente el decisor en política exterior, decide que sea (Rosenau, 1968). El enfoque realista del interés nacional funcionaría más sobre la base de un axioma o suposición filosófica que a partir de un postulado científicamente verificable. En efecto, el realismo clásico asume que el mundo es y actúa de una determinada manera, y el interés nacional no es más que el accionar racional del estado en un contexto que no domina completamente (el control que el estado tenga en la escena internacional dependerá en gran parte del poder almacenado). Hobbes es uno de los primeros en articular la noción de interés nacional indisociablemente ligado a una visión de la seguridad del estado. La paz de Westfalia en 1648 representa el triunfo de la visión Hobbesiana, con la consolidación del estado como la unidad territorial de referencia (paradigma de la soberanía) así como con la creciente rivalidad entre los estados poderosos (Badie, 2001: 254). La concepción realista del interés nacional se desprende de dos de las premisas importante ya mencionadas del realismo: la naturaleza anárquica del sistema internacional y la relación conflictiva entre estados en el marco de dicho sistema. Por lo tanto, si el estado de anarquía conduce a la inseguridad general, el principal cometido del estado, entendido en términos de interés nacional, debe ser el de asegurar su seguridad. ¿Qué se entiende entonces por seguridad y cuáles son las cuestiones incompresibles que el estado no puede abandonar?. Los realistas definen estas cuestiones de manera relativamente vaga, pero es innegable la centralidad de las ideas de integridad territorial, independencia política e identidad cultural. ¿Cómo se alcanza, defiende o preserva el interés nacional? Principalmente a través del uso o la amenaza de la fuerza. Por lo tanto, para los realistas, el interés nacional se traduce casi exclusivamente en términos de poder (principalmente militar, aunque no exclusivamente), ya que la fuerza sería, en un contexto de anarquía y de conflicto, la única manera de disuadir o alcanzar los interéses de un estado. Hans Morgenthau (1961:5) así lo expone: "the main signpost that helps political realism to find its way through the landscape of international politics is the concept of interest defined in terms of power". Para los realistas, el interés nacional ha sido inmutable a lo largo de la historia y, producto de la naturaleza del sistema internacional (anarquía), de la naturaleza humana (para los realistas clásicos), y de la estructura (para los neorrealistas), destinado a permanecer así. Este es uno de los principales puntos de crítica de los liberales y en particular de los constructivistas, quienes avanzan que la difusión de valores, normas y códigos compartidos en el seno de la comunidad internacional han contribuido a modificar el comportamiento de los estados. En este punto, los realistas se encuentran en las antípodas del pensamiento liberal. El poder es, para los realistas, casi exclusivamente el único criterio que debe determinar la política exterior. Cualquier otro principio, en particular aquellos de orden moral, estarán subordinados a la búsqueda, preservación y fortalecimiento del poder (Tucker, 1952: 215). Para Morgenthau, la escena internacional se articula sobre la búsqueda de poder contra poder y no, como a menudo se ha instrumentalizado el conflicto, entre dos visiones del bien y el mal, de virtud o de vicio, de moralidad o inmoralidad. La descripción de interés nacional y poder que hace Morgenthau ha conducido a dos interpretaciones distintas de la noción de poder (Williams, 2004: 639-640). La primera reduce el realismo a una suerte de materialismo, donde el poder y el interés es definido en términos principalmente militares (el propio Morgenthau criticará está visión simplificadora). El segundo enfoque sería instrumentalista: si el poder es un medio necesario para alcanzar los intereses, entonces se transforma en un fin en sí. La búsqueda de poder, para los realistas, es entonces a la vez un fin y un medio para dicho fin ¿Por qué? Porque el mundo es anárquico debido a que los hombres buscan el poder (naturaleza humana o, como diría Morgenthau, un impulso bio-social) y al mismo tiempo deben buscar el poder justamente para protegerse de ese impulso natural. Por lo tanto, la búsqueda de poder como medio para un fin depende de la naturaleza del sistema (anarquía) mientras que la búsqueda del poder como un fin en sí debe encontrarse en las necesidades manifiestas de los miembros del sistema (Nincic, 1999:33). Se ha argumentado largamente que la naturaleza tautológica de esta definición (los estados buscan el poder porque están ontológicamente predeterminados a hacerlo), así como el supuesto inicial de que la búsqueda de poder es una necesidad primaria del ser humano, debilitan la posición realista y restan fuerza a sus postulados centrales. El interés nacional, bajo la óptica realista, es entonces por naturaleza egoísta y superior a los intereses privados sub-nacionales (Battistela, 2002: 145). Es egoísta porque los estados se encuentran en un sistema de self-help y de suma cero, donde las ganancias de un estado representan la pérdida de otro. Asimismo, los realistas defienden la idea del interés Nacional y no, como lo hacen los liberales, la idea que los estados pueden compartir intereses comunes (vitales) en el seno de una comunidad internacional. El interés nacional entendido en términos de seguridad es la matriz irreductible sobre la cual se sustenta todo proyecto de construcción nacional o comunitaria y no puede ser, por definición, compartido en el seno de una comunidad inter-nacional, inter-comunitaria o inter-estatal. Ya lo decía Morgenthau cuando criticaba la visión moral y cooperativa propuesta por el idealismo de W. Wilson: "It therefore follows that, despite the profound changes which have occurred in the world, it still remains true, as it has always been true, that a nation confronted with the hostile aspirations of other nations has one prime obligation – to take care of its own interests. The moral justification for this prime duty of all nations- for it is not only a moral right but also a moral obligation- arises from the fact that if this particular nation does not take care of its interests, nobody else will" (Morgenthau, 1952: 4). El interés nacional es igualmente superior a los intereses individuales o privados, porque sólo en la salvaguardia de la seguridad del estado, los demás intereses pueden ser perseguidos. Por lo tanto, como decía Raymond Aron (1984: 101), el interés nacional es irreductible a los intereses privados. Frente a la rigidez del concepto de interés nacional defendido por los realistas, los liberales han aportado una perspectiva diferente, planteando que el interés nacional es lo que una nación decide que sea. Este no se limita a cuestiones de seguridad, pero puede englobar igualmente intereses materiales o espirituales. El estado es, para los liberales, el encargado de llevar adelante los intereses individuales de la sociedad y no, como para los realistas, una entidad independiente con agenda propia. Para los liberales, el interés nacional está determinado por los valores internos de una sociedad, y no por las limitantes externas presentes en el sistema internacional (anarquía, estructura, relación de fuerzas, etc.). ¿Cómo se define entonces el interés nacional para los liberales? Principalmente a través de la negociación y la adopción de los intereses "mayoritarios". Los enfoques constructivistas, particularmente fecundos luego de la guerra fría, rechazan la idea de inmutabilidad presente en el realismo (critican la incapacidad de los realistas, clásicos o estructurales, para pensar el cambio). Si es cierto que los constructivistas comparten con los liberales la idea que el interés nacional no está predeterminado por condiciones "fijas" , ellos consideran, sin embargo, que los intereses se definen sobre la base de la identidad y las representaciones que los estados se hacen de ellos mismos, de los otros estados, del sistema internacional y del lugar que ocupan en él (y no, como en el liberalismo, a través de un proceso de negociación interna). Asimismo, el accionar de los estados, y sus intereses, se ven condicionados por el conjunto de normas y valores que, compartidas en un marco internacional, regulan y estructuran la vida política internacional. Para los constructivistas, todos los conceptos están sujetos a interpretaciones y sentidos cambiantes. Así, un concepto central como el de anarquía en el realismo puede ser comprendido bajo diferentes enfoques. Cuando los estados se consideran como enemigos en el plano internacional, podemos hablar de una anarquía hobbesiana. En el caso de estados que se consideran como rivales, se trataría de una anarquía lockiana. Por último, cuando los estados se ven como amigos, estaríamos en presencia de una anarquía kantiana. Sólo en el primer caso, central al realismo, el interés nacional puede ser definido en términos de seguridad y supervivencia. Como hemos visto, los autores neorrealistas focalizan su estudio en la interacción de los grandes poderes y en la polaridad del sistema internacional como factores explicativos de la ocurrencia de conflictos o guerras. Los neorrealistas, sin embargo, no parecen concernidos por las cuestiones relativas al cambio ni a la evolución del poder en el sistema internacional. Los realistas no se preguntan de dónde viene el poder, ni como los estados son capaces de emerger, consolidarse y descomponerse. Para ellos, tanto los actores como la estructura del sistema son variables consideradas como dadas o variables independientes. La única variable dependiente, o sea, el único proceso que los neorrealistas intentan explicar, es la guerra (Kratochwil, 1993). El foco del neorrealismo ha sido el de intentar explicar la fase de consolidación del poder en el sistema internacional en un reducido número de grandes potencias y como este sistema ha logrado evitar la unipolaridad (Cederman, 1994: 504). Entre las principales críticas que pueden hacerse a la noción del interés nacional defendida por los realistas, es posible citar la obsesión realista con las políticas de poder y el recurso sistemático y axiomático a la idea de anarquía. El primer punto refiere a que muchos estados pequeños o medianos no determinan ni implementan su política exterior en términos de poder ni, generalmente, tienen preocupaciones relacionadas a la seguridad. Inclusive las grandes potencias por momentos se apartan igualmente de esta lógica (como en el caso estadounidense bajo las presidencias de W. Wilson y J. Carter). Igualmente, ciertos teóricos realistas a menudo obvian que el concepto de poder es relativo al tipo de asunto en cuestión. El poder militar, o el poder económico, sólo son útiles en determinadas circunstancias. Es indudable que el poderío económico de Japón hace de este país una potencia capaz de influenciar el comportamiento de otros estados y eso, a pesar de no contar con un poderío militar importante. Los defensores de las políticas de poder argumentarán que la posición privilegiada de Japón en el comercio mundial es únicamente posible gracias al respaldo militar que su alianza con los Estados Unidos le otorga. No sólo esta apreciación niega de manera burda la dimensión económica presente en el sistema internacional, sino que condicionaría todo desarrollo posible a la expansión del poderío económico o a la concertación de alianzas defensivas. ¿Cómo explicar entonces los niveles de desarrollo de países como Suiza o Luxemburgo?. En segundo lugar, el concepto de anarquía derivado del estado de naturaleza Hobbesiano y que ha estructurado y condicionado el pensamiento realista, no es un absoluto empíricamente comprobable. Diferentes mecanismos de cooperación, coordinación y reciprocidad son posibles en un universo donde priman los actores egotistas (Nincic, 1999: 34-36). La respuesta a estas críticas, principalmente por parte de los neorrealistas, ha sido de argumentar que, si bien todos los estados son iguales, sólo cuentan en términos de poder y de estructura los grandes y poderosos. Para Waltz (1979:94), la estructura del sistema internacional (polaridad) y la naturaleza de éste (anarquía) dependen del número de grandes actores y la distribución de fuerzas entre estos. Si bien esta argumentación responde parcialmente a la segunda crítica, no así a la primera. Podemos mencionar igualmente que en la actualidad el concepto de Estado-Nación como unidad central de análisis del sistema internacional ha sido parcialmente puesto en jaque por los postulados liberales o constructivistas. Si, efectivamente, el Estado Nación no es más la única unidad de referencia, de subordinación o de pertenencia del individuo moderno, el postulado realista del estado unitario se resquebraja. En este sentido, resulta difícil justificar la idea del interés nacional en términos de defensa de la independencia política o cultural, ya que estas nociones tendrían crecientemente menos importancia para los individuos. Resulta imposible desprenderse de la idea que la concepción del mundo propuesta por los realistas es profundamente pesimista e impregnada de una desconfianza generalizada acerca la naturaleza humana (en el caso de los realistas clásicos) y que, gran parte de los supuestos realistas se sustentan en un "worst case scenario". En palabras de Wittner (1985:285): "Admittedly, people sometimes fail to live up to the level of cooperation and moral development encouraged by civilization, but most of the time, they do. Realism focuses upon the exception and turns it into the rule. Indeed, it transforms that exception into a normative principle of international behavior!". Los realistas responderán seguramente que el interés nacional último es el de defender la supervivencia e integridad física del estado y de sus ciudadanos y, ciertamente, en un mundo donde la amenaza del uso de las armas nucleares representa inequívocamente el fin absoluto, la posición realista no deja de presentar una argumentación válida (la ausencia de conflicto atómico en los últimos 60 años ahonda precisamente en el sentido del balance de poder defendido por los neorrealistas). El peor escenario posible, en un mundo nuclear, es efectivamente lo suficientemente aterrador para justificar el pesimismo realista. Los realistas no dicen que la guerra sea inevitable, la mayoría de sus teóricos han intentando buscar las causas de la guerra, sin por lo tanto entrar en consideraciones morales sobre el bien fundado de la acción de los estados. Al explicar como el mundo es, y no cómo debería ser, los realistas se despojan de consideraciones filosóficas que apartan al estadista de su verdadero objetivo: preservar la seguridad del estado. Es en este sentido que uno de los primeros realistas, Maquiavelo, consideraba que existen dos éticas diferentes. La primera, relativa a la salvación individual, debía ser regulada por las consideraciones morales y religiosas; y la segunda, en claro contraste con la primera, es la ética de la responsabilidad que tienen los gobernantes, obligados a llevar adelante ciertas acciones consideradas como "inmorales" en defensa del interés nacional (Viotti y Kauppi, 1993: 38). *Este artículo fue presentado en la 9° sesión el Seminario Interno de Discusión Teórica 2013, organizado por el Departamento de Estudios Internacionales de la Universidad ORT Uruguay. Sobre el autorGermán Clulow es Licenciado en Estudios Internacionales por la Universidad ORT –Uruguay, Master en Ciencia Política por la Université de Genève – Suiza, y Master en Estudios de Desarrollo por el Instituto de Altos Estudios Internacionales y de Desarrollo (IHEID-The Graduate Institute) Ginebra, Suiza.
This guide accompanies the following article: Doreen Anderson‐Facile and Shyanne Ledford, 'Basic Challenges to Prisoner Reentry', Sociology Compass 3/2 (2009): 183–195, 10.1111/j.1751‐9020.2009.00198.xAuthor's IntroductionCrime, incarceration and prisoner reintegration are pressing issues facing the United States today. As the prison population grows at record rates so, in turn, does the reentry of prisoners into society. The transition from prison to the outside world is often difficult for post‐release prisoners, their families, their communities and the larger society. Many formally incarcerated individuals do not have the skills or support to succeed outside prison walls. Unfortunately, when post‐release prisoners are not successfully reintegrated, they are often returned to prison and begin the cycle of incarceration.The following is a course designed around the basic challenges prisoners face upon reentry. The literature suggests that success depends in part on support and overcoming several barriers, such as homelessness and under/unemployment. This course begins with an examination of reentry barriers facing post‐release prisoners followed by an exploration of the relationship between prisoner reentry, race, gender, family, and employment and concludes with an assessment of ongoing research and public policy.Author RecommendsAnderson‐Facile, Doreen. (2009). 'Basic Challenges to Prisoner Reentry'. Sociology Compass, 3(2): 183–95.Anderson‐Facile's review of current research on prisoner reentry yields interesting results. Her article examines prisoner reentry as it relates to the barriers preventing successful reintegration. Anderson‐Facile begins with a look at incarceration and recidivism statistics leading readers through the barriers preventing reentry success. Barriers such as housing, family and community support, employment, and the stigma of a prison record make successful reentry difficult. Anderson‐Facile concludes with a look at current reentry programs. Anderson‐Facile highlights literature suggesting post‐release success begins with rehabilitation and ends with community support. The author notes that many successful programs are faith or character‐based. These programs focus on the individual and assist in substance abuse issues, vocational training, and transitional living arrangements. Finally, Anderson‐Facile notes that programs that work in one community may not show success in other communities, therefore concluding that matching programs with communities is a critical component for assuring post‐release success.Dhami, Mandeep K., David R. Mandel, George Loewesnstein, and Peter Ayton. (2006). 'Prisoners' Positive Illusions of Their Post‐Release Success'. Law and Human Behavior30: 631–47.Dhami et al. examine prisoners' forecasts of reentry success as this may have implications for how prisoners respond to imprisonment, release, and parole decisions. The authors examine sentenced US and UK prisoners' predictions for personal recidivism. The authors also asked UK prisoners how successful they will be compared to the average prisoner. Overall, both samples yielded overly optimistic, unrealistic beliefs about personal reentry success when compared to official data. The UK participants demonstrated a self‐enhancement bias by expressing that they would fair far better than the average prisoner. The authors conclude their article by discussing the implications of their findings and suggest future research possibilities.Holzer, Harry J., Steven Raphael, and Michael A. Stoll. (2002). 'Can Employers Play a More Positive Role in Prisoner Reentry? Urban Institute's Reentry Roundtable'.The authors report that in the early 21st century over 600 000 prisoners were released each year from prison and three million or more ex‐prisoners were in the general population. Holzer et al. indicate that one of the greatest hurdles for a newly released prisoner is finding employment because, as applicants, they are faced with an aversion on the employers part to hiring ex‐offenders. Holzer et al. explore the extent and nature of this aversion. Holzer et al. maintain that interventions by other agencies can help mediate employer aversions to hiring post‐release prisoners.La Vigne, Nancy G., Diana Brazzell, and Kevonne M. Small. (2007). 'Evaluation of Florida's Faith‐ and Character‐Based Institutions'. The Urban Institute.La Vigne et al. produced a summary of the findings from a 'process and impact' evaluation of two of Florida's faith and character‐based programs, also known as FCBIs. The authors' note that FCBIs are founded on principles of self‐betterment and faith development and are often ran by volunteers. The authors gathered data in the following ways: one on one interviews, semi structured interviews with staff members at all levels, focus groups with inmates, administrative data/official documents, and telephone and email communications with state corrections personnel. The authors noted that at six months, male FCBI housed participants were more successful than post‐released prisoners housed in Federal Department of Corrections (FDOC) facilities.La Vigne, Nancy G., Rebecca L. Naser, Lisa E. Brooks, and Jennifer L. Castro. (2005). 'Examining the Effect of Incarceration and In‐Prison Family Contact on Prisoners' Family Relationships'. Journal of Contemporary Criminal Justice21(4): 314–35.In this article, La Vigne, Naser, Brooks and Castro look at the role of the family in recidivism rates. Specifically, they examine the role of in‐prison contact with family members on released prisoner success. This article first defines family and then looks at the quality of familial bonds at imprisonment and during incarceration. Next, they examine the inter‐personal bonds in relationships, i.e., parent–child vs. husband‐wife of these post‐released prisoners. The authors' findings were inconsistent. For example, in some situations in‐prison contact was detrimental on family relationships and ties, wherein other cases the same contact served to strengthen the family and create a tighter network of family support for the newly released prisoner. These findings suggest further research is necessary.Pager, D. (2003). 'The Mark of a Criminal Record'. The American Journal of Sociology108(5): 937–75.Pager examined the relationship between prior incarceration and race on employment on two teams of subjects. One team consisted of two 23‐year‐old, white men and the other team was two 23‐year‐old, African‐American men. The two teams were nearly identical in personality, appearance, skills and employment history. The variables were race and criminal record. The findings suggest that race and employment history are important factors on post‐released employment. Thirty‐four percent of white applicants without criminal backgrounds received a call back while only 14 percent of black applicants without criminal backgrounds got called back. Seventeen percent of white applicants with criminal records received call backs while only 5 percent of black applicants with criminal records received call backs. These findings indicate that race and not prison record is a greater determinant of employment.Parsons, Mickey L. and Carmen Warner‐Robbins. (2002). 'Factors That Support Women's Successful Transition to the Community Following Jail/ Prison'. Health Care for Women International23: 6–18.Parson and Warner‐Robbins simply state the purpose of their article is to describe the factors that support the successful reentry of post‐release women into the community. The authors look at a specific program called Welcome Home Ministries (WHM), a community‐based program. The authors examine the demographics of the population, the rising incarceration rates, issues that lead to incarceration, and support for post‐release mothers. Through qualitative interviews with women who were participating in WHM programs upon release many themes emerged. The authors argue that these themes lead to implications about what future programs need to support women who are transitioning from prisoner to general public.Seiter, Richard P. and Karen R. Kadela. (2003) 'Prisoner Reentry: What Works, What Does Not, and What is Promising'. Crime and Delinquency49(3): 360–88.Seiter and Kadela examine the nature of the reentry issue and explore which reentry programs show success in reducing recidivism. The authors note a swing from modified sentencing to determinate sentencing which increases length of incarceration as an additional factor in successful reentry. Seiter and Kadela define reentry, categorize programs for prisoner reentry, and use the Maryland Scale of Scientific Method to determine program effectiveness. The authors find that programs that emphasized vocational training and employment development yield the most success.Travis, Jeremy and Joan Petersilia. (2001). 'Reentry Reconsidered: A New Look at an Old Question'. Crime and Delinquency47(3): 291–313.Travis and Petersilia drive prison reform by providing research‐based implications for revamping the current system of prisoner management. While prisoners have always been arrested and released, the authors point out that the numbers of both are increasing. They believe this is a call to action. Travis and Petersilia look at changing sentencing policies, changes in parole supervision, and how the removal and return of prisoners influence communities. The authors highlight the astronomical increase of prisoners at a time when sentencing policies are changing and are often inconsistent. They examine parole, the demographics of transitioning inmates, and the links between reentry and five social policies. The findings provide guidance for development of reentry policies.Wacquant, Loic. (2002). 'Deadly Symbiosis: Rethinking Race and Imprisonment in Twenty‐ First‐Century America'. Boston Review27(2): 22–31.Waquant begins his article with three abrupt facts about racial inequality and imprisonment in the United States all of which point to a 'blackening' of the nations prisons. The author points out that the high percentage of black people incarcerated in the United States is a direct result of four institutions; slavery, the Jim Crow System, the organizational structure of urban ghettos and the growing prison system. One of the main findings, according to Waquant, is that when laws and social reform restricted segregation (technically ended), the prisons picked up where society left off. Essentially he argues that, as evidenced by the ghettos and increasing numbers of African‐Americans behind bars, the prison serves to reaffirm racial inequality.Online MaterialsDepartment of Justice http://www.usdoj.gov/Urban Institute http://www.urban.org/California Departmen of Corrections and Rehabilitation http://www.cdcr.ca.gov/Bureau of Justice Statistics http://www.ojp.usdoj.gov/bjsLloyd Sealy Library at John Jay College http://www.lib.jjay.cuny.edu/Pew Center http://www.pewresearch.org/Sample Syllabus Week 1: Introduction to Prisoner Reentry Anderson‐Facile, Doreen. (2009). 'Basic Challenges to Prisoner Reentry'. Sociology Compass 3/2: 183–95.Visher, Christy A. and Jeremy Travis. (2003). 'Transitions from Prison to Community: Understanding Individual Pathways'. Annual Review of Sociology29: 89–113. Week 2: Introduction to Prisoner Reentry Continued Travis, Jeremy and Joan Petersilia. (2001). 'Reentry Reconsidered: A New Look at an Old Question.'Crime and Delinquency 47/3: 291–313.The Urban Institute. 'Beyond the Prison Gates: The State of Parole in America. A First Tuesday Forum.'http://www.urban.org/url.cfm?ID=900567, November 5, 2002. Week 3: Incarceration, Reentry, and Race Pettit, Becky, and Bruce Western. (2004). 'Mass Imprisonment and the Life Course: Race and Class Inequality in US Incarceration.'American Sociological Review69: 151–169.Wacquant, Loic. (2002). 'Deadly Symbiosis: Rethinking race and Imprisonment in twenty‐first‐century America'. Boston Review 27/2 (April/May): 22–31.Marbley, Aretha Faye and Ralph Ferguson. (2005). 'Responding to Prisoner Reentry, Recidivism, and Incarceration of Inmates of Color: A Call to the Communities'. Journal of Black Studies 35/5(May): 633–49. Week 4: Incarceration, Reentry, and Gender O'Brien, Patricia. (2007). 'Maximizing Success for Drug‐Affected Women after Release from Prison: Examining Access to and Use of Social Services During Reentry'. Women & Criminal Justice 17/2&3: 95–113.Severance, Theresa A. (2004). 'Concerns and Coping Strategies of Women Inmates Concerning Release: 'It's Going to Take Somebody in My Corner"'. Journal of Offender Rehabilitation 38/4: 73–97.Parsons, Mickey L. and Carmen Warner‐Robbins. (2002). 'Factors that Support Women's Successful Transition to the Community Following Jail/ Prison.'Health Care for Women International23: 6–18. Week 5: Incarceration, Reentry, and Family/ Home La Vigne, Nancy G., Rebecca L. Naser, Lisa E. Brooks, and Jennifer L. Castro. (2005). 'Examining the Effect of Incarceration and In‐Prison Family Contact on Prisoners' Family Relationships'. Journal of Contemporary Criminal Justice 21/4 (November): 314–35.Pearson, Jessica and Lanae Davis. (2003). 'Serving Fathers Who Leave Prison'. Family Court Review 41/3(July): 307–20.Roman, Caterina Gouvis and Jeremy Travis. (2004). 'Taking Stock: Housing, Homelessness, and Prisoner Reentry,'The Urban Institute.http://www.urban.org/url.cfm?ID=411096, March 8, 2004. Week 6: Incarceration, Reentry, and Employment Pager, Devah. (2003). 'The Mark of a Criminal Record,'American Journal of Sociology 108/5 (March): 937–75.Solomon, Amy L., Kelly Dedel Johnson, Jeremy Travis, and Elizabeth C. McBride. (2004). 'From Prison to Work: The Employment Dimensions of Prisoner Reentry'. Urban Institute Justice Policy Center. October 2004, pp. 1–32. Week 7: Incarceration, Reentry, and Employment Continued Holzer, Harry J., Steven Raphael, and Michael A. Stoll. (2002). 'Can Employers Play a More Positive Role in Prisoner Reentry? A Roundtable Paper'. The Urban Institute, March 20–21, 2002, pp. 1–16.Harrison, Byron, and Robert Carl Schehr. (2004). 'Offenders and Post‐Release Jobs: Variables Influencing Success and Failure'. Journal of Offender Rehabilitation 39/3: 35–68. Week 8: Prisoner Reentry: What Works? MacKenzie, Doris Layton. (2000). 'Evidence‐Based Corrections: Identifying What Works'. Crime and Delinquency46: 457–71.Petersilia, Joan. (2004). 'What Works in Prisoner Reentry? Reviewing and Questioning Evidence'. Federal Probation 68/2 (September): 4–8.Seiter, Richard P. and Karen R. Kadela. (2003). 'Prisoner Reentry: What Works, What Does Not, and What is Promising,'Crime and Delinquency 49/3 (July): 360–88. Week 9: Incarceration, Reentry, Research and Public Policy Lynch, James P. (2006). 'Prisoner Reentry: Beyond Program Evaluations.'Criminology and Public Policy 5/2: 401–12.Pager, Devah. (2006). 'Evidence‐Based Policy for Successful Prisoner Reentry'. Criminology and Public Policy 5/3: 505–14.La Vigne, Nancy G. Diana Brazzell, and Kevonne M. Small. (2007). 'Evaluation of Florida's Faith‐ and Character‐Based Institutions'. The Urban Institute http://www.urban.org/url.cfm?ID=411561, October 1, 2007.Jacobson, Michael. (2006). 'Reversing the Punitive Turn: The Limits and Promise of Current Research'. Criminology and Public Policy 5/2: 277–84. Week 10: Incarceration, Reentry, and Outcomes Dhami, Mandeep K., David R. Mandel, George Loewenstein, and Peter Ayton. (2006). 'Prisoners Positive Illusions of Their Post‐Release Success'. Law and Human Behavior30: 631–47.Richards, Stephen C., James Austin, and Richard S. Jones. (2004). 'Kentucky's Perpetual Prisoner Machine: It's About Money'. The Review of Policy Research 21/1: 93–106.Suggested ReadingsEvans, Donald G. (2005). 'The Case for Inmate Reentry'. Corrections Today pp. 28–9.Lynch, James P. and William J. Sabol. (2001). 'Prisoner Reentry in Perspective'. Crime Policy Report3: 1–25.'One in 100: Behind Bars in America 2008'. The Pew: Center on the States 2008, pp. 1–35.Petersilia, Joan. (1999). Parole and Prisoner Reentry in the United States, The University of Chicago.Petersilia, Joan (2003). When Prisoners Come Home: Parole and Prisoner Reentry. New York: Oxford University Press. ISBN 0‐19‐516086‐x.Travis, Jeremy, Amy L. Solomon, and Michelle Waul. (2001). 'From Prison to Home: The Dimensions and Consequences of Prisoner Reentry'. The Urban Institute.Young, D. Vernetta and Rebecca Reviere (2006). Women Behind Bars. London: Lynn Rienner Publishers. ISBN 1‐58826‐371‐1.Focus Questions
Think about the kind of crimes for which people are imprisoned. What types of crimes do you think the majority of the prisoners commit? What precursors would lead to someone being arrested and eventually imprisoned for these types of crimes? What is the likelihood that these factors remain upon release? Do you think prison should be rehabilitative or punitive? Do you think prison is always the best option for criminal behavior (in other words, is the old adage 'if you do the crime you need to do the time' valid?). Why are incarceration and recidivism rates different across race and class? How do you explain the disparities in incarceration rates for people of color? What kind of programs, if any, do you feel should be incorporated into a prison sentence (i.e. job training, counseling, AA, NA, religious opportunities, etc.). Suggested Culminating Activity: Students are to design a pilot program to assist prisoners successfully reenter into the community. Students must have the following parts in their report/ presentation: Prison/Community Summary (what population and community do you want to serve), Program Summary and Justification (what is the program – how does it work and why do you think it is a valuable program), Requirements for Participation in Program, Barriers to Success, Assessment/ Measurement of Success/ Failure, and Conclusion. Students must briefly site articles from this course to support their methodologies and indicate the problems they suspect they will face as they try to determine the success or failure of their program. Budgets and money are a non‐issue. In the 'real' world budgets are always an issue but for the purpose of this assignment they are not. However, when designing your program you should consider whether your design is financially feasible.. The goal of such an assignment is for students to recognize the barriers prisoners face to successful reentry, the evidence and research that goes into creating prisoner policies, and that a program must be multi‐faceted and comprehensive in order to provide a platform for former inmate success.
This sample syllabus above is modeled after a 10 week term. It is recommended for longer terms, that the following book be utilized:Irwin, John. (2005). The Warehouse Prison. California: Roxbury Publishing Company.ISBN: 1‐931719‐35‐7.John Irwin derived his data from a prison in Solano County, California. Irwin watched as incarceration rates doubled between 1980 and 2000 despite crime levels staying relatively stable. Irwin notes that most of the prisoners in his study were incarcerated for 'unserious' crimes and were often treated in unethical ways. Irwin begins by examining incarceration rates, the demographics of the prison population, problems prisoners faced while incarcerated, post‐release difficulties and hurdles, and the societal costs of the prison super‐structure. Irwin offers a thorough examination of why prisoners are incarcerated, what they face while inside prison walls, what challenges they face once released, and the financial implications of imprisoning people.
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.
Issue 34.4 of the Review for Religious, 1975. ; Review ]or Religious is edited by faculty members of the School of Divinity of St. Louis University, the editorial offices being located at 612 Humboldt Building: 539 North Grand Boulevard: St. Lot, is, Missouri 63103. It is owned by the Missouri Province Educational Institute; St. Louis, Missouri. Published bimonthly and copy-right @ 1975 by Review [or Religious. Composed, printed, and manufactured in U.S.A; Second class postage paid at St. Louis, Missouri. Single copies: $1.75. Sub-scription U.S.A. and Canada: $6.00 a year; $11.00 for two years; other countries, $7.00 a year, $13.00 for two years. Orders should indicate whether they are for new or renewal subscriptions and should be accompanied by check or money order payable to Review ]or Religious in U.S.A. currency only. Pay no money to persons claiming to represent Review ]or Religious. Change of address requests should include former address. Daniel F. X. Meenan, S.J. Everett A. Diederich, S.J. Joseph F. Gallen, S.J. Editor Associate Editor Questions and Answers Editor July 1975 Volume 34 Number 4 Renewals, new subscriptions, and changes of address should be sent to Review for Religious; P.O. Box 6070; Duluth, Minnesota 55802. Correspondence with the editor and the associate editor together with manuscripts and books for review should be sent to Review for Religious; 612 Humbuldt Building; 539 North Grand Boulevard; St. Louis, Missouri 63103. Questions for answering should be sent to Joseph F. Gallen, S.J.; St. Joseph's College; City Avenue at 54th Street; Philadelphia, Pennsyl-vania 19131. Women Priests and the Episcopal Church Leonel L. Mitchell Leonel L. Mitchell, whose most. recent publication is: Liturgical Change: How Much Do We Need? (Crossroad Books, 1975), is an Episcopal priest and Assistant Professor, Department of Theology; University of Notre Dame; Notre Dame, IN 46556. It is the intention of this paper to treat the topic of the ordination of women quite narrowly. It will not deal with the general question of the biblical, historical, and theological considerations involved in the ordination of women to the priesthood, but will attempt the more modest task of reporting the con-temporary debate as it exists in the Episcopal Church. This debate has two related but distinct foci: (1) the desirability of amending the canon law of the Episcopal Church so as to permit the ordination of women to the priesthood, and (2) the "ordination" last year of 11 women to the priesthood by three bishops without diocesan jurisdiction in violation of the presently existing canons. There are many in the Episcopal Church who strongly favor the or-dination of women, but condemn the action th~it was taken in Philadelphia on July 29, 1974. ". The 1973 Canterbury Statement of the Anglican-Roman Catholic Inter-naiional Commission ( A R CI C ) entitled "Ministry and Ordination" detailed in 16 headings a common statement of Anglica.n and Roman Catholic understand-ing of the meaning of "ordination in the apostolic succession." A few quotations from this statement should make clear what ministry it is to which women seek ordination in the Episcopal Church, and why this debate is of con-cern to Roman Catholics: Despite the fact that in the New Testament minisiers are never called 'priests' (hiereis), Christians came to see the priestly role of Christ reflected in these ministers and used priestly terms in describing them . Not only do [Christian ministers] share through baptism in the priesthood of the people of God, but they are--particularly in presiding at 51~. / Review for Religious, Volume 34, 1975/4 the Eucharist--representative of the whole Church in the fulfillment of its priestly voca-tion of self-offering to God as a living sacrifice (Rom 12:1) Nevertheless their ministry is not an extension of the common Christian priesthood but belongs to another realm of the gifts of the Spirit. (Par. 13) Ordination denotes entry into this apostolic and God-given ministry, which serves and signifies the unity of the local churches in themselves and with one another. Every in-dividual act of ordination is therefore an expression of the continuing apostolicity and catholicity of the whole Church. (Par. 14) What is involved, then, in the Anglican discussion is not whether women are full members of the Body of Christ and share in the priesthood of the Church, nor is the question one of their suitability to serve as Christian ministers. Women can and do serve in non-sacerdotal ministries in the Episcopal Church. The question is solely whether women can (not should) be ordained to the ministerial priesthood and serve as presidents of the Eucharistic assembly. I do not believe that arguments based on the inexpediency of ordaining women deserve serious consideration. It will always be inexpedient to do something we do not wish to see done. If women can be priests, then what but masculine prejudice prevents them from being so ordained? The question then turns on the hinge of "Are women proper subjects for the sacrament of priestly ordination?" Anglicans do not usually formulate the question in this way, but it is what they mean. Unlike the Roman Catholic Church, the Episcopal Church permits the or-dination of women to the diaconate. In 1862 the Bishop of London revived the order of deaconess in the Church of England by ordaining a woman by "im-position of hands." In 1885 the first such ordination was performed in the United States by the Bishop of Alabama, and in 1889 the American Episcopal Church regulated what it called the "setting apart" of deaconesses by ap-propriate canons. By setting up separate regulations for deacons and deaconesses, however, the canons raised the question of whether deaconesses were deacons, or ministers of some other sort. They did not wear stoles, nor assist in ministering Communion. In remote mission areas without a priest, deaconesses often led prayer ser~iices, officiated at Matins and Evensong, and conducted baptisms and funerals, but in ordinary parishes they served as sacristans, parish visitors, and directors of Christian education. They were, in fact, considered by many priests to be, as it were, "secular nuns" who could do useful things around the church. The fact that the diaconate itself was not well understood did not help to clarify the role of the deaconess. The apostolicity of the order of deacon has been continuously asserted by the Anglican Church, but in fact, deacons who are not fledgling priests have been almost totally unknown since the 16th cen-tury. The.revival of the "perpetual diaconate" for men in the period following World War II has produced a revival of interest in the diaconal ministry, and a beginning of the study of the diaconate as a ministry in its own right, not as a rung on the ladder of ecclesiastical preferment. Women Priests and the Episcopal Church In the Episcopal Church the question of the status of deaconesses was forcefully raised by the late Bishop James A. Pike, who (whatever his failings) was never afraid of a good fight. In 1965 he declared on his own authority as Bishop of California that deaconesses were women deacons, and proceeded to act on that assumption by recognizing Deaconess Phyllis Edwards of his diocese as a deacon. In a ceremony at Grace Cathedral, San Francisco~ he in-vested her with the deacon's stole and presented her with the New Testament from which she read the eucharistic gospel. She also assisted in the ministra-tion of communion in the manner usual for Anglican deacons, by ad-ministering the chalice. The lawyer-bishop was careful to explain that the ser-vice was not an ordination, since, in his view, Deaconess Edwards had already been ordained a deacon when she was "set apart" as a deaconess. Since most Episcopalians had never given any thought to the subject of the ordination of deacons of either sex, they were horrified. The bishops reacted (as Anglican bishops frequently do) by appointing a study commission to report on "The Proper Place of Women in the Ministry of the Church." At about the same time in England a similar report, entitled "Women in Holy Orders," was presented to the Archbishops of Canterbury and York. In 1968 the Lambeth Conference, the decennial meeting of Anglican bishops from all over the world, accepted the principle that deaconesses were "within the diaconate" and referred the question of the ordination of women to the priesthood to the various national churches or provinces, for further study. In 1969 the General Convention of the Episcopal Church, meeting at the University of Notre Dame, amended its canons to permit women for the first time to be licensed as lay readers and to administer the chalice. The 1970 Convention formally endorsed the position that deaconesses were women deacons and amended the canons to that effect. From 1970 on, therefore, men and women have been ordaindd to the diaconate in the Episcopal Church under the same set of regulations, by the same rite, and clearly to the same office. There was, of course, one important difference. Male deacons were either candidates for the priesthood, or they intended to combine service as a "perpetual" deacon with another occupation from which they expected to derive their income. The women, on the other hand, were go-ing into full-time professional ministry, like most of the men with whom they had graduated from seminary. Few of them saw their vocation as being to the "perpetual" diaconate, but the possibility of ordination to the priesthood was denied them. In 1971 the Bishop of Hong Kong and Macao, acting after consultation with his diocese and the Bishops of South East Asia, ordained two women to the priesthood. The previous bishop had pe~'formed a similar ordination in 1944, during World War II, but the Archbishop of Canterbury had formally refused to recognize the ordination, and the woman ordained, ki Tim Oi, renounced her orders for the peace of the ChurCh. This time the Anglican Con-sultative Council (which is a secretariat rather than a decision-making synod) interpreted the resolutions of Lambeth 1968 to permit him to act: ~i14 / Review for Religious, l~olume 34, 1975/4 This Council advises the Bishop of Hong Kong, acting with the approval of his Synod, and any other bishop of the Anglican Communion acting.with the approval of his Province, that, if he decides to ordain women to the priesthood, his action will be accept-able to this Council. (Resolution 28, Anglican Consultative Council, Limuru, Kenya, 23 February-5 March 1971) The resolution carried the Council 24-22, and it was on the strength of this ap-proval that Bishop Baker p~:oceeded with the ordinations. In that same year the American bishops were asked to endorse the princi-ple of the ordination of women to the priesthood and the episcopate, and to prepare legislation for that purpose. The resolution was presented by the Bishops' Committee on Ministry. The House of Bishops (in customary fashion) appointed a study committee of seven bishops. This was the second study commission of the American bishops on the ministry of women in l0 years. The complaint of women that the question has been sufficiently studied would seem to be justified. The report was presented to the bishops in 1972. A straw vote was then taken on the question of the ordination of women to the priesthood. This was a simple expi'ession of personal opinion, not a legislative vote. The bishops voted 74-61 in favor of admitting women to the priesthood. This is the approval of the bishops so often mentioned in the debate since. The report itself exhibits an internal schizophrenia, including two different versions of a section on "Scripture, Tradition, and Images," one favoring the ordination of women, the other opposing it. It was distributed, not only to the bishops but to all priests and other interested persons, in mimeographed form, and was later printed in the 1973 Convention Journal. It begins with the assertion that the Church admits both men and women to the diaconate, and cites New Testament precedents (Romans 16:i, Acts 9:36, I Tim 3:8-13) and the opinion of C. H. Dodd: We may fairly suppose that the order of deacons which emerged in the second century. had its origin in Paul's own time; and that it included women as well as men. (Dodd, C. H., The Epistle of Paul to the Romans, p. 235) The report describes the contemporary understanding of the diaconate as ':murky and confused" and calls for a fresh statement of the meaning of the diaconal ministry. It is interesting that the acceptance of women as deacons is not considered controversial by the bishops, but is the assumed starting ground for further discussion. Certainly no such consensus could have been obtained in 1965. Turning from the diaconate to the priesthood, the report describes the or-dained priest as "called of God and authorized by the body" to act for both the Lord and his Church "in ways far beyond our understanding." It asserts: His priesthood is not derived from the Church nor has anyone a right to claim priesthood; the priest is called to receive a gift in ordination, which comes from the Father. But his call and the gift are alike recognized and ratified by the Church; he acts for them in exer-cising the gift. Thus the authority and accountability conferred in ordination have a dou-ble reference. No man exercises priesthood in a vacuum. Women Priests and the Episcopal Church / 515 When it considers the possibility of the ordination of women to the episcopate, the report confronts the question directly: In the case of episcopacy, as in that of priesthood, the suggestion of a duality of repre-sentative roles raised in some of our minds the question as to the significance of male-hess as a necessary attribute or characteristic of the Bishop. Perhaps even more than the priest, the episcopal Father-in-God imagery is that of a male figure and none of us doubts the extraordinary tensions and problems which would confront the Church were women to be chosen to be bishops. But the question remains, in some of our minds, whether it can be said that female-ness is a diriment impediment to their consecration as bishops. I believe that this puts the question in proper terms. It is not a matter of whether one thinks a specific woman would or would not make a good priest. That is a pastoral question to be answered by those specifically charged with approving candidates for ordination. Some women, like some men, would make unbelievably bad priests. If this is true of some of the 11 women or-dained in Philadelphia in July 1974, it is demonstrably true of many of the already ordained male priests in the Episcopal Church, and, 1 assume, in other churches as well. The report then proceedes to two sections upon which the committee was divided. In the first it presents arguments again~st the ordination of women, and in the second it presents arguments for it. Most of the debate on the sub-ject in the Episcopal Church has been simple and straightforward. Opponents of the ordination of women have said that there is no support for it in Scripture or Tradition, that the Church has never ordained women, and to do so now would be stark novelty, and therefore both uncatholic and heretical, its ad-vocates have countered that there is nothing in Scriiature to forbid it, that there is no a priori theological reason for not doing it, and that the mere fact that it has never been done is no argument at all. They point out that to argue simply on the basis of contrary practice is to commit the Church to the view that change is either impossible or wrong--a doctrine which all admit has been widely believed, but which deserves to be relegated to oblivion--and which is demonstrably untrue in such cases as the Church's attitude toward slavery. A great deal of the literature which supports the ordination of women has argued with undeniable truthfulness that much of the opposition of male priests to the ordination of women stems from the men's insecurity in their own sexual and ministerial roles. Itis undoubtedly also true that at least some of the women seeking ordinat.ion have comparable problems, but neither point seems worthy of serious consideration, and the bishops' report does not raise it. It is, of course, theoretically possible to argue that although all of the people actually opposing the ordination of women are doing so from unworthy motives, the position itself is true. It is likewise possible to argue that although none of the candidates actually presenting themselves should be ordained, it is proper to ordain women. More concretely, it is hardly reasonable of the Church for it to set up a system in which all but the most stout-hearted will become discouraged long before they are actually accepted as candidates for ordination, and then complain about the lack of humility and modesty of the 511~ / Review for Religious, l/olurne 34, 1975/4 survivors. The principle of abusus non tollit usum needs to be applied with great rigidity here. The section of the bishops' report which opposes the ordination of women to the priesthood may be taken as representative of the best argumentation on this side in the Episcopal Church. The "prominent and honored place" of women in the ministry of the New Testament and the Early Church is freely admitted. Phoebe is recognized as a deacon, Dorcas as a "disciple," the daughters of Philip as prophets, and others as teachers and evangelists. It further affirms that women have an honored place in the ministry today, but that place is not in the presbyterate. It permits, even urges, the ordination of women to the diaconate, and condemns the failure of the contemporary Church, including that of many priests and bishops, to understand the meaning of the diaconate as ari order separate from, but not subordinate to the presbyterate. It makes a sharp distinction between the priesthood which is shared by all Christians, men and women alike, as full members of the community, and ad-mission to the cultic ministry: To belong to the cultic ministry is no part of the perfection of Christian membership in Christ. That the Church has acted as if it were, and as if lay-people were second class Christians is only too true. It is only too true that lay women have been excluded from the decision making processes of the Church; this is one of the causes of their present anger and frustration. But we cannot right this wrong by committing another. The actual arguments raised against the ordination of women to the priesthood appear to be two, one symbolic and one historical. The symbolic argument is summed up in the conclusion: The ordained Christian priest must act officially in the person of Christ, and male-ness is therefore required for a priest to act in this way. A woman priest, it is claimed "must lack the full symbolic meaning of Chris-tian priesthood, and to that extent must be defective." Masculinity and male-ness are seen as symbolizing the initiating creative and recreative act of God toward mankind, an act transcending nature, and constitutive of the Church. The historical argument is that, although women exercised a multitude of ministries in the early Church, there were no women presbyters or bishops. On the evidence, to admit women as Bish'ops and Priests is to overturn the practice of the New Testament Church, and the Catholic Church ever since. It considers that some evidence of an unmistakeable intervention of the Holy Spirit "such as we find in Acts" would be necessary for so momentous a change, and rejects the idea that the fact that some women genuinely believe themselves called to the priesthood is evidence of such an intervention. It has always been the duty of the Church to tell a man whether or not he has a true voca-tion to the priesthood, and the Church has this task today. If the Church says no to these aspirants, it would seem proper to assume that their question has been answered by the guidance of the Holy Spirit. Women Priests and the Episcopal Church This section of the report concludes: This momentous step must not be taken by a small branch of a particular Catholic Church on its own initiative, without reference to the remainder of catholic Christendom, and, 1 am sure, against the convictions and sentiments of a majority of its members. The appeal to the consensus fidelium of the Catholic Church of the ages strikes strong responsive chords in most Anglican hearts, and their concern for the effect of any unilateral action on the Anglican-Roman Catholic or the Anglican-Orthodox dialogue is genuine. The section of the report defending the ordination of women compares it with the adoption of the Canon of Holy Scripture or the development of the threefold ministry as "legitimate developments of what was implicit in the revelation of Christ from the beginning." It makes extensive use of the article "Biblical Anthropology and the Par-ticipation of Women in the Ministry of the Church" by Professor Andr6 Dumas of the Protestant Faculty of Theology in Paris, which was published in 1964 in Concerning the Ordination of Women. a report of the World Council of Churches. This article contrasts the Jahwist account of the creation and fall in Genesis 2:4-3;24 with the Priestly account in Genesis 1, in which man and woman are both made in the image of God and given joint authority over crea-tion. According to Dumas, the only theologically significant reason for the ex-clusion of women from the Old Testament priesthood was the belief that woman's true vocation was to be a mother in order to perpetuate Israel until the coming of the Messiah. This, he says, Christianity specifically rejected as anti-Messianic. There is, he points out, nothing in the New Testament about motherhood as a sacred vocation, since that vocation has been fulfilled by the motherhood of the Blessed Virgin Mary. The report admits the power of the male imagery applied to priests, but comments: Its power is derived from deep springs in the human spirit and from important forces in our culture and his.tory. Insofar as it reflects truths about masculinity and femininity it can be a significant instrument in our grappling with reality. Its limitations lie, of course, in the fact that there is no analogy in Deity to such imagery, no way t6 identify in Deity the anguish and the beauty inescapably part of the man-woman differentiation in humanity. The overwhelming tradition of the Church against the ordination of women is freely admitted, but declared to be irrelevant. The profound changes in the roles of men and women in society, it feels, ~eans that any decision in-volves change: The problem for Christians is not how to get back to what was, but to bear witness in the midst of what is; and even the choice to stay where we are, if we make it, will be the choice of a new position which has got to be mai:le in the presence of real people, not ghostly memories. The report notes that thep0sition of other Churches is also changing, and the effect of permitting the ordination of women on the ecumenical scene may 51~! / Review for Religious, I/olume 34, 1975/4 as easily be positive as negative. It also points out that popular opinion, and the spirit of "women's lib" are not valid considerations, but the Church must deal solely with the question "Is God now calling women to Priesthood?" If the answer is yes, the Church must respond, whatever the cost, and if it is no, the Church must also take the consequences of that decision. The final section of the report raises a number of questions, on the answers to which the committee was presumably divided: Is it not true that Christ's priesthood is too comprehensive to be contained by the sym-bolism of one sex, that in fact its variety and d.epth call for full sacramental feminine ex-pression in order to represent a God who sustains both masculinity and femininity? If this is true, might we not be on the threshold of a new dimension and awareness of the un-searchable riches of Christ? Far from confusing sexual roles or affirming "unwise" values, might not the ordination of women assure the enrichment of our understanding of humanity in Christ by guaranteeing the presence of both its components visibly present in the offering of the Oblation which is Christ's and ours? Like many discussions of synods of bishops, the report ends with no recommendations, except to "meet the issue head on." The bishops concluded their discussion with the straw vote already mentioned. When the Anglican Consultative Council met in Dublin in July 1973, they reaffirmed their position that individual national or regional churches might proceed to ordain women, if they so decided according to their synodical processes. The vote in favor was 50-3, compared with the 24-22 vote in 1971. The next significant step in the process occurred when the General Conven-tion of the Episcopal Church met in Louisville in September-October 1973. Legislation. to change the canons to permit the ordination of women to the priesthood and the episcopate was introduced into the House of Deputies, and was there debated at length. The final vote fell short of the needed majority. Since this vote has been the subject of much subsequent controversy, it re-quires further elaboration. The General Convention is the legislative body of the Episcopal Church. It consists of bishops and clerical and lay deputies. The deputies are elected by diocesan synods, four priests and four lay persons from each diocese, regardless of size. On substantive matters the deputies vote by dioceses and orders and a majority is required in both orders for passage. The vote on the ordination of women was clericalmYes 50, No 43, Divided 20; Lay--Yes 49, No 37, Divided 26. The divided delegations were split 2-2 and therefore unable to vote either for or against the resolution. The result was that although the proposal had a plurality of votes, it did not receive the absolute majority re-quired. This situation is not a "fluke." The rule, like that requiring the ratification of amendments to the U.S. Constitution by three-quarters of the States, was written into the Constitution of the Episcopal Church to make it difficult to change basic items of Church structure, and to make it impossible for a bare majority to do so. The question of whether the majority of clergy and laity of the Episcopal Church actually favor the ordination of women to the priesthood is difficult to answer. Certainly many have made it abundantly clear that they will "leave Women Priests and the Episcopal Church / 519 the Church" if such action is taken. On the other hand, at least one bishop has promised to resign if the ordination of women is not permitted, and some women have indicated that they will withdraw from the Church if the ordina-tion of women is finally defeated. Since the resolution did not pass the House of Deputies in Louisville, it was neither debated nor voted upon by the bishops. "A Statement of Conviction concerning Ordination of Women'~ signed by 60 bishops was inserted into the minutes, on a point of personal privilege by the Bishop of Indianapolis. This was intended to encourage the women deacons, whose genuine disappointment in the failure of the Convention to authorize their ordination to the priesthood was recognized by all. I share the opinion of many of those present at the Louisville Convention that a number of those who voted against the ordination of women did so in the firm belief that the Church was not prepared for this step at that time. Their opposition was not absolute, but conditioned by the need to prepare the "folks back home" for such a radical change in practice. As the Anglican Con-sultative Council had phrased it in 1971: Anglicans have genuine difficulty in entertaining the idea that there might be women priests, and, lacking experience, they cannot forsee the consequences if any were to be or-dained. In the days following the defeat of the resolution by the Deputies, rumors spread through the Convention that some bishops intended to go ahead without authority and ordain one or more women. The House of Bishops, wishing to squelch these rumors, passed a resolution of collegiality and loyalty, pointing out that the Deputies had rejected the principle of the ordina-tion of women, and that the Presiding Bishop was appointing a "competent committee" to study the matter in depth. The resolution affirmed the adherence of the Bishops "to the principles of collegiality and mutual loyalty, as well as respect for due constitutional and canonical process." It was clearly the failure of four bishops to abide by this decision which caused the House of Bishops to react as it did to the July ordination in Philadelphia. They looked for a full discussion and decision in 1976 at the next General Convention. But the situation was not to remain static till then. On July 10, 1974, four bishops, all retired or otherwise without jurisdiction, met in Philadelphia, at the urging of a group of lay and clerical leaders, to con-sider the possibility of proceeding to ordain women to the priesthood. Bishop Charles Hall, retired of New Hampshire, withdrew after this first meeting. On July 20, the Rt. Rev. Lyman Ogilby, Bishop of Pennsylvania, in whose diocese the service was actually held, refused both his consent and his approval to the ordination. On July 25 the Most Rev. John Allin, the new Presiding Bishop, telegraphed the eleven women and three bishops, asking them to reconsider their decision. At this same time Bishop Ogilby notified his diocese that clergy who par-ticipated in the proposed ordination would be "conducting themselves in viola- 520 / Review for Religious, P'olume 34, 1975/4 tion of the Constitution and Canons of the Church," and would thereby be subjecting themselves tO possible discipline. He and the Diocesan Standing Committee also met personally with the Rt. Rev. Robert DeWitt, the former bishop of that diocese, and asked him to withdraw from the proposed ordina-tion. On July 29 the ordination took place. The ordaining bishops were the Rt. Rev. Robert DeWitt, formerly of Pennsylvania, the Rt. Rev. Edward Wells, Retired Bishop of West Missouri, and the Rt. Rev. Daniel Corrigan, formerly director of domestic mission work for the Episcopal Church and later dean of Bexley Hall Divinity School in Roches~ter, New York. The Bishop of Costa Rica, the Rt. Rev. Antonio Ramos, was present but did not participate in the ordainiiag. He was the only diocesan bishop in the group. On July 31 the Presiding Bishop called the House of Bishops into special session August 14-15 in Chicago to consider the situation. In the meanwhile, formal charges were filed against the participating bishops by the Bishop of Western New York. They were later withdrawn, then reinstated, and at the present writing are still pending. 146 bishops voted at tha~ meeting. They adopted this resolution by a vote of 129-9 with 8 abstentions: The House of Bishops in no way seeks to minimize the genuine anguish that so many in the Church feel at the refusal to date of the Church to grant authority for women to be considered as candidates for ordination to the priesthood and episcopacy. Each of us in his own way shares in that anguish. Neither do we question the sincerity of the motives of the four bishops and 11 deacons.who acted as they did in Philadelphia. Yet in God's work, ends and means must be consistent with one another. Furthermore, the wrong means to reach a desired end may expose the Church to serious consequences unforseen and undesired by anyone . Resolved, that the House of Bishops, having heard from Bishops Corrigan, DeWitt, Welles, and Ramos the reasons for their actions, express our disagreement with their decision and action. We believe they are wrong; we decry their acting in violation of the collegiality of the House of Bishops as well as the legislative processes of the whole Church. Further, we express our conviction that the necessary conditions for valid ordination to the priesthood in the Episcopal Church were not fulfilled on the occasion in question; since we are convinced that a bishop's authority to ordain can be effectively exercised only in and for a community which has authorized him to act for them, and as a member of the episcopal college; and since there was a failure to act in fulfillment of constitutional and canonical requirements for ordination. The resolution went on to call for the 1976 General Convention to recon-sider the issue of the ordinationof women, and for all involved to wait for that reconsideration. Apparently this is not going to happen. There have been several occasions on which various of the women have functioned as priests. The most publicized events were the celebration of the Eucharist at Riverside Church, and the ap-pointment of two of the women priests to the faculty of Episcopal Divinity School in Cambridge, Mass., with the provision that they will function as priests in the seminary chapel. There are at least two cases being prosecuted Women Priests and the Episcopal Church / 521 against male priests, for allowing one or more of the women to celebrate or con-celebrate the Eucharist in their parishes. The truly important aspect of the Bishops' August statement is not their disapproval of the ordination. No one seriously expected them to approve the flaunting of canon law and their own resolution of collegiality. It is the ap-parent acceptance of Bishop Arthur Vogei's theological analysis of the ordina-tion, and the bishops' refusal to accept the "validity," not simply the "regularity" of the ordination. It is freely admitted on all sides that the ordina-tion was in violation of the actual canon law of the Episcopal Church on several counts: 1. There is no provision for ordaining women to the priesthood. 2. The women were ordained neither by their own ordinaries, nor with their consent. 3. The required canonical consent of the Diocesan Standing Committees was not obtained. Two of the candidates did attempt to obtain this consent, but it was refused. One diocese (Central New York) has granted it post fac-turn. (The Standing Committee is an invention of the American Episcopal Church in the 18th century which sought successfully to limit the arbitrary power of bishops by requiring the formal consent of a Standing Committee of priests and lay persons to all ordinations, sales of church property, and certain other acts.) Prior to voting on the motion, the Bishops received the report of their Committee on Theology, delivered by the Rt. Rev. Donald J. Parsons, Bishop of Quincy, and formerly Dean and Professor of New Testament at Nashotah House Seminary, and the Rt. Rev. Arthur Vogel, Bishop of West Missouri, a member of the Anglican-Roman Catholic International Commission and formerly Professor of Systematic Theology at Nashotah. The resolution adopted quotes verbatim from their reports. Bishop Vogel's view, expressed in his report, is that validity means "juridical recognition of a ministry by the Church." In this view to call a ministry "invalid" does not mean that it is not true, efficacious, or genuine, but simply that it is not juridically recognized. It is apparently this recognition which the House of Bishops denied the ordination of the women. My personal interest in this decision is that it shifts the ground of "accepted" Anglican theology from the old mhnual theology which calls sacraments valid if the criteria of proper matter, form, intention, minister and recipient are present, to a newer concept. There can be no doubt, in the old terms, that the ordaining bishops intended to ordain the women to the priesthood. They went out of their way to use the "right form," by using the official 1928 version of the ordination rite, rather than the commonly used provisional form of 1970. There has never been any dispute about the right of retired bishops to continue to exercise episcopal functions, and, in fact, many retired bishops have been the principal consecrators of their successors. The stand is taken by Bishop Vogel, and the House, instead, on the nature of the Church as a Eucharistic community, under the presidency of the Bishop. 522 / Review for Religious, l/olume 34, 1975/4 The Holy Eucharist is offered by the whole community; the bishop unifies the action of the community by his presidency of the assembly. The bishop at one time, in a sacramen-tal manner, (1) represents the Son to the assembly, (2) represents the people of God, (3) represents the Church to itself. His actions in ordaining, then, are actions within the Community. He ordains "not as an individual but as the head of the eucharistic community." Bishop Vogel quotes the Orthodox theologian Dr. J. D. Zizoulas in saying, "There is no ministry in the Catholic Church that can exist in absoluto," and again, "there is no apostolic succession which does not go through the concrete com-munity." He comments: Within a diocese the bishop and presbyters form a college among themselves; the bishop and deacons constitute another community. The important point is that ordination, ac-cordingly, is entrance into a new community--the ministerial community--rather than the bare bestowal of a power. In ordination bishops do not pass on a power which they possess as individuals to other individuals who do not have it. That would be a baton-passing theory of ordination; the community would count for no more than the crowd watching a relay race. Here we find sacramental theology and theology of ministry tied solidly into ecclesiology, so that they are not left to wander in absoluto, causing endless problems for sacramental theologians. Ministry is within the eucharistic community of the Church. This is a primitive, and patristic view, often associated with the name of St. Cyprian of Carthage, and is, in the best sense of the word, "Episcopal" ecclesiology. Bishop Vogel concludes: The intention must originate in the community and be sacramentally personified by the community's bishop or his delegate within the episcopal college. Such authorization is necessary, or the people and bishop are not acting as a community--as one with the Church. Where there is no such authorization, where the jurisdiction of one bishop and com-munity is usurped by a bishop (or bishops) without jurisdiction, community and collegiality are broken . The ingredients of an ordination simply were not present. The bishops' conclusion that the group assembled in P, hiladelphia was not a real eucharistic community can, of course, be debated. On the other hand, the bishops, priests, deacons, and lay people who gathered in the Church of the Advocate in Philadelphia on July 29, 1974 did not claim to be a local con-gregation gathered around their bishops, nor did they claim to be the "rem-nant" of the True Church, separating themselves from a false institution. They claimed to be acting in and for the Episcopal Church, of which they were all members. But, the bishops object, they were not only unauthorized to act for the Episcopal Church in ordaining these women, the ordaining bishops were specifically bound by an undertaking with their brother bishops not to act in this way. The inevitable result is that the Church does not recognize their act. At this point, some people cry "Foul!" They object that they have meticulously followed the rule~ of the manuals to make sure that their acts would be recognized as valid, but the bishops have changed the rules, moving from a Medieval scholastic conce.pt of validity to a Cyprianic and Eastern one. Women Priests and the Episcopal Church / 523 The protest certainly has point, but it is paradoxical that most of the usual supporters of the kind of manual theology which the bishops rejected in Chicago are opposed to the ordination of women, while those most vocally concerned with the communal nature of the Church support their ordination. The idea, however, is not novel in Anglican theology, and fits well, in fact better, into traditional Anglican teaching than does manual theology. Both William Temple and Michael Ramsey spoke of the bish@ in ordination as not acting apart from the Church. This presentation, of its nature, cannot end with conclusions, but only with an observation, and a number of questions, which I believe to be those that presently face the Episcopal Church. They will, 1 believe, illuminate the dis-cussion of related issues in other Churches. The observation is that the Bishops of the Episcopal Church appear united in their belief that women have been given too small a share of the decision-making processes of the Church, and, whether or not the ordination of women to the priesthood is authorized in 1976, it seems clear that women will get more important positions in the "power structure." The questions are these: 1) Is female gender a diriment impediment to ordination to the priesthood? In this context the remarks of Robert F. Capon are exceptionally apt: If women are human, we can no longer go on talking about them as if they were some of our best friends. They are us. Any doctrine of the ministry, therefore, which effectively says that they are anything less must be abandoned. ("The Ordination of Women: A Non-Book," in Anglican Theological Review, SS 2 [Sel~t. 1973] p. 77) There are, nevertheless, a few Anglican theologians, and several bishops who would respond to our question with a solid yes. 2) If it is granted that women can be ordained, should a Church as numerically insignificant as ~he American Episcopal Church, even with the support of the worldwide Anglican Communion, alter 1900 years of contrary custom and proceed to do so? Many Anglicans would answer with the Orthodox that such things must await the summoning of the 8th Ecumenical Council. Anglicans are com-mitted to the view that they are only a part of the Catholic Church, and are reluctant to go out on a limb alone. Ordaining women will certainly cause the Episcopal Church problems in its dialogue with both Roman Catholics and Orthodox, but if it is right, then fear of unjust excommunication has never been an acceptable defense for failure to act. 3) Granted that it is possible, is it necessary for the Episcopal Church to ordain women, even at the cost of splitting our own Church? Certainly, if we do ordain women, we must be aware of the'havoc we shall raise with thestatus quo. There is already a shortage of"payingjobs" for priests in the Church and ordaining women will compound the problem. The women themselves are also likely to wind up underpaid and overworked in parishes that men have turned down. These dangers must be honestly faced. 524 / Review for Religious, lZolume 34, 1975/4 4) Finally, there are the large questions of the meaning of ordination. Can bishops, simply by virtue of their orders, and without the authority of the com-munity whose bishops they are, confer orders? Traditional Western sacramental theology has said yes, but that it is wrong for bishops to act in this way. Traditional Eastern sacramental theology has said no, that they act only in and for the Church. This is the position which the American House of Bishops took in Chicago. It is a position which seems to hold promise for a sacramental theology based upon the doctrine of the Church as the Body of Christ, and Christ Himself as the true minister of the sacraments. Reprints from the Review "The Confessions of Religious Women" by Sister M. Denis, S.O.S. (25 cents) "Institutional Business Administration and Religious" by John J. Flanagan, S.J., and James I. O'Connor, S.J. (20 cents) "Authority and Religious Life" by J. M. R. Tillard, O.P. (20 cents) "The Death of Atheism" by Rene H. Chabot, MoS. (20 cents) "The Four Moments of Prayer" by John R. Sheets, S.J. (25 cents) "Instruction on the Renewal of Religious Formation" by the Congregation for Religious (35 cents) "Meditative Description of the Gospel Counsels" (20 cents) "A Method for Eliminating Method in Prayer" by Herbert Francis Smith, S.J. (25 cents) "Religious Life in the Mystery of the Church" by J. M. R. Tillard, O.P. (30 cents) "Profile of the Spirit: A Theology of Discernment of Spirits" by John R. Sheets, S.J. (30 cents) "Consciousness Examen" by George A. Aschenbrenner, S.J. (20 cents) "Retirement or Vigil?" by Benedict Ashley, O.P. (25 cents) "Celibacy and Contemplation" by Denis Dennehy, S.J. (20 cents) "The Nature and Value of a Directed Retreat" by Herbert F. Smith, S.J. (20 cents) "The Healing of Memories" by Francis Martin (20 cents) Orders for the above should be sent to: Review for Religious 612 Humboldt Building 539 North Grand Boulevard St. Louis, Missouri 63103 Revision of the ConstitiJtions: Meaning, Criteria and Problems Juan Manuel Lozano, C.M.F. Father Juan Manuel Lozano was Visiting Professor of Spirituality in the Divinity School of St. Louis University during the past semester. He is on the faculty of Lateran University and of his Institute's seminary: Claretianum; Via Aurelia 619 15, 00144 Rome, Italy. Religious communities are at present engaged in the final stage of the revision of their Constitutions in the aftermath of Vatican Council 11. Most of them, indeed, have already celebrated their first General Chapter after the Special Chapter of Renewal; and, according to the norms in force they must send the resulting text to the Holy See after the last touches are made by the next General Chapter. Institutes are still bustling especially because all the members of the various communities have been called to participate in the review of what had been their basic codes. Perhaps it will be helpful to set forth some personal ideas and experiences on the meaning of the present work of revision and on the problems which have been created by it. 1. The Starting Point The revision of their Constitutions by all religious institutes had been made obligatory by Vatican II in its decree, Perfectae Caritatis (par. 3). From the text of the decree itself, it is evident that the center of gravity of this paragraph was not the revision of documents, but rather the spiritual renewal and adapta-tion to the times of religious life in all its various aspects: the manner of living, praying and working, and the government of the various institutes. The revi-sion of the Constitutions emerges as a consequence of this in the second part of the paragraph cited: "Therefore let constitutions, directories., be suitably revised and, obsolete laws having been suppressed, be adapted to the decrees of this sacred synod." 525 526 / Review for Religious, l/olume 34, 1975/4 The principle for the revision of the Constitutions, basic documents that are intended to inspire and rule the life of a religious community, is, therefore, to be drawn from the preceding paragraph of Perfectae Caritatis (no. 2) where both renewal and adaptation have been defined. In fact, even if in the text, probably because of Latin usage which prefers to join adjective to a substan-tive rather than two substantives, has the form: accommodata renovatio, in-stead of renovatio et accommodatio, the rest of the paragraph makes it clear that the council is referrit~g to two different realities by the term: a movement of spiritual renewal in fidelity towards the Gospel and towards the spirit of the founder, and another movement of fidelity to the real, historical condition of man: "renewal" and "adaptation." In speaking of the first movement, the council uses a biblical term: to go back, to return (sh~b) with God as its object is an expression commonly used in the Bible to designate conversion.~ A constant return to the sources of Christian Life and to the founder means, therefore, that a permanent move-ment of conversion must characterize religious communities. Religious life has always to return to being the privileged expression of Christian and authentic religious sentiment. Since this privileged expression was formulated in the past, in those historical periods in which the Church and the religious com-munity were founded, this conversion implies a return to the past, a pilgrimage back to the sources. Yet this return to the past happens only on the surface, since neither Christ nor the gifts of the Spirit that were granted to the founder belong!to the past; they are always alive. From this perspective, renewal might better be termed "a going inside" rather than "a going back." For its part, adaptation also should mean "a going inside"--an entering into actual, living humanity. And thus, religious life, following the logic of the Incarnation, must embrace both the Spirit that comes from God and the needs that come from society. Both renewal and adaptation, then, are two different expressions of a constant search for authenticity. This means that there are two basic facts, subsumed by the council in its recommendation of renewal and adaptation, that will influence the revision of the constitutions: human fallibility, and human historicity. In terms of these realities, religious life is constantly exposed to a series of trends that originate both from within (the community itself) and from without (society). And so religious life must constantly return to its double source of inspiration. As a matter of fact, human fallibility seems to have more effect on the daily life of the religious than it does on his Constitutions. For, even if the charism of infallibility does not extend to the spiritual doctrine that is ex-pressed in the Constitutions (they remain, after all, a purely human comment on the Gospel), it is nevertheless true that very often they have been written by one who was a faithful disciple of Christ, and that they have always received the approval of the Church. And this approval of the Church guarantees that the Constitutions are at least a sufficient guide by which to lead a life that is ICf. Jer 3,22; 4,1. Hos 6,1; Joel 2,12 . . . Revision of the Constitutions: Meaning, Criteria and Problems / 527 committed to divine service. On the other hand, the approval of the Church does not assure us that the text of a given Constitution will keep its value per-manently, or that it is the best possible expression of spiritual doctrine, etc. This reality, of course, is connected rather with human historicity than with human fallibility. Nor does it seem to me that the approval of the Holy See guarantees fidelity on the part of the community to what had been the idea of the founder. The Church, to be sure, gives canonical approval to those ideas that the com-munity believes best expresses its spirit. And in so doing, the Church recognizes that the community in pursuing its project has a right to exist within the People of God without interference in regard to the more technical problem of the fidelity of some later changes to the idea of the founder. There are some communities which have obtained from Rome approval for a change in the formulation of their ministries which research has demonstrated were not truly faithful to the idea of the founder; they are now going back to the older formulation. On this level of being faithful to the original idea of the founder, Constitutions are subject to human fallibility, just as is religious life itself; and a revision may thus be necessary. Historicity touches the Constitutions more deeply, In certain instances, even when they were actually written by the founder, Constitutions appear too strictly conditioned by the limits of a mindset that was common at a certain time and in a certain society. Founders were, thank God, real, living men; they were not only the recipients of a charism, but they were also the products of a particular ambience. Some Constitutions, composed in the eighteenth and nineteenth centuries, i.e., in a time when spiritual theology was in decadence, show an approach to some features of Christian religiosity that may hardly be kept as permanent, classical formulations: for example, a purely negative ap-proach to consecrated chastity, a negative way of expressing mortification, a passive doctrine of obedience. Now, can we honestly think that a text which spoke of chastity only to forbid any kind of sexual acts expressed the basic value of consecrated chastity? Or that a text which expressed a very austere image of self-denial without enlightening it by the glory of the Resurrection could be the direct reflection of the Gospel? Or, on the contrary, were these the fruit of the spiritual attitude of a particular culture the natural causes of which can be uncovered by historians? We have to come to the conclusion that in the area of spiritual theology there are obsolete expressions just as there are ob-solete juridical or disciplinary norms. Not only Canon Law, but theology, too, is a product of history. Other, more recently written Constitutions have a purely juridical-disciplinary character in that they reproduce with few variations the Normae secundum quas, a document that was elaborated by the Congregation for Bishops and Regulars at the end of the last, and beginning of this century.2 2Published, e.g., by L. R. Ravasi C. P. in De Regulis et Constitutionibus Religiosorum. Rome 1958, pp 187-226. 52~1 / Review for Religious, l/olume 34, 1975/4 Now the Normae expressly exclude from the Constitutions every kind of text dealing with theology and spirituality.3 This was quite understandable as a reaction against the simple exhortatory booklets that had been sent to the Holy See by most of the founders during the last century. It was also the result of the juridical optimism which had engulfed the Church in years in which Congregations of simple vows received their first official acknowledgement as religious institutes, receiving for the first time definite norms concerning their status in the Church, and years in which the entire Latin Church became in-volved in the creation of its first Code of Canon Law. What we have is the product of a certain mentality, one which belongs neither to the basic evangelical values of religious life nor to the charism of particular founders. This mentality is connected with a certain historical situa-tion. And, of course, it is impossible for any text to be in complete abstraction from its own times. Even the Rules of St. Augustine, St. Benedict and St. Francis are historical monuments, the reflection of a particular period of human history, as well as source documents of profound spirituality. In calling for renewal, th~n, th6 Church is clearly not asking that religious remove their Constitutions from every historical context, since, in any case, this would be quite impossible. But there are different ways of being related to history. A classic text, even if it keeps the flavor of the times in which it was composed, can give a balanced formulation of values that are permanent, and for this reason it will appeal to many generations. Other texts, however, re-main more on the surface, and tend to be influenced more strongly by the limitations of the culture in which they were written. This should neither sur-prise nor disappoint us. It takes time, after all, to develop a classical master-piece! Immediately after the promulgation of the decree, Perfectae Caritatis on October 25, 1965, two tendencies began to emerge among religious. One tendency, the more conservative, tried to limit the revision of the Constitutions to the suppression of obsolete norms and to adaptation to the new decrees. Revision, understood thus, followed the criteria which had inspired the earlier re-edition of Constitutions that had been necessary after the promulgation of the Code of Canon Law in 1917. The other tendency, more liberal and aware of cultural conditioning, pres-ent in many texts, affirmed the need to adapt the entire text of the Constitutions to the "spirit of the Council," i.e., to the theological and spiritual vision which had been growing in the Church during recent decades but which has burgeoned enormously in the aftermath of the Second Vatican Council. Since the decree, Perfectae Caritatis, speaking in a very general way, could not fix precisely the extension of the revision it called for, the problem remained aNormae I, IV n 33: Ravasi p 183. The prohibition was practically abolished in the new Normae issued in 1921. Cf Ravasi p 231. But at that time most .of the Constitutions of the modern Congregations had already received their last form. Revision of the Constitutions: Meaning, Criteria and Problems / 529 unsolved until the motu proprio, Ecclesiae Sanctae, was promulgated, in which Paul VI fixed criteria for the revision that was to take place. Prior to this, it had been possible to suppose that the depth of any revision would de-pend in every case on the quality of the original basic text. But this was precisely what was at issue in the discussion between both tendencies within the various communities. 2. Criteria for Revision On August 6, 1966, Pope Paul VI published his motu proprio, Ecclesiae Sanctae, which looked to the implementation of four decrees of the Council, the second of which was Perfectae Caritatis. In this portion of the document, one section is dedicated to the laying down of criteria for the revision of Constitutions: Ecclesiae Sanctae II, 12-14. The motu proprio, in dealing with principles for the revision of Constitutions, showed genuine development. Not only did it fix some points firmly, but it traced the general pattern that all Constitutions must follow. The criteria he gave can be summarized as follows: A. Constitutions, as religious life itself, must have a twofold aspect: doc-trinal and canonical. "Doctrine" here embraces two different facets: 1) the common elements that are essential for religious life in its union with the Church; 2) the par-ticular charism of the institute, expressed by the original idea of the founder and developed by an authentic living tradition. The "canonical elements" are to define the character, purpose and means of the institute. Character refers to an Order with autonomous monasteries or with centralized government, a Congregation of simple vows, an Apostolic Society, a Secular Institute, etc. Purpose embraces the general goal of religious life, and the particular charism of the individual community. Some communities have special ministries. Others are oriented in general towards evangelization in all its forms. The universal or particular character of their mission in the Church should be clearly expressed. In the Normae secundum quas that is followed by most of the modern Congregations, the general and particular goals were separated in two different paragraphs? These two paragraphs can be blended into one rich formulation that reflects the living unity in which they are associated in reality. Means are all the particulars that further community life, the profession of the evangelical life and the special ministry of the community. Therefore, they include spiritual and canonical 4No~'mae 1901 il, I, 1 nn 42-46, Ravasi p 195. cf also p 234. In the Normae the two purposes were called primary and secondary, using a terminology which sounds at least strange when applied to institutes whose founders had been first moved by the idea of responding with an apostolic ministry to certain concrete needs of the Church. The apostolic purpose (sometimes expressed through a fourth vow, or an equivalent commitment) has been the core around which the religious life has developed in many Institutes, from the Knights of Malta, to the Dominicans, Jesuits, Lasalle Brothers, Claretians . This is the reason why the praxis of calling both purposes general and specific has prevailed. ~i30 / Review for Religious, Volume 34, 1975/4 norms, basicstructures of government, requirements of formation and incor-poration, and the works of the apostolate. The introduction of this first principle in the motu proprio, i.e., that both doctrinal and canonical elements are required in any proposed revision, con-stitutes a fortunate change of direction in the policy that had formerly been followed by the Church. We have seen that the Normae secundum iluas ex-cluded every kind of doctrinal expression. And even if the idea was later tempered, in actual fact Constitutions remained mostly juridical codes. Now, if this might have been acceptable for Constitutions of the Regular Orders which also have a "Spiritual Rule" as part of their basic documents, in all in-stitutes founded after the Mendicant Orderg, the Constitutions are their only basic code. Therefore they have need of a doctrinal definition of the vocation and spirit of their respective communities. B. Constitutions are to be a text of essentials. The motu proprio emphasizes this characteristic. Constitutions must con-tain "the principles of religious life/and/the necessary juridical norms" (no. 12). For this reason, all elements that are not related to the basic features of the kind of religious life professed by the particular institute should not be in-cluded in its Constitutions. This recommendation of the Pope offers a very rich idea of what Constitutions ought to be. Constitutions should be a "charter" of charity, of communion,5 in which all the members of the institute, though they belong to different times and cultures, are able to recognize their own vocation and spirit. This implies that only the really essential features, of that vocation and spirit should be defined in the Constitutions, leaving the res~ to the initiative of the Holy Spirit and to the inescapable pluralism that varying circumstances demand. St. Benedict had well expressed this idea when, in explaining why he is opposed to setting down many norms about food and abstinence, he states in his Rule: "Everyone has received from God his own gift, one in one way, another in a different way. So it is with some hesitation that we fix/any/ measures for others.''6 From this point of view, Constitutions should express a minimum--the essential minimum. C. The motu proprio explicitly excludes from Constitutions all elements which are subject to change, which are now obsolete, or which correspond to local usages. Behind this criterion lies the idea 'that Constitutions should, as far as possi-ble, retain a permanent value.A community cannot change its Constitutions frequently without jeopardizing the peace and stability of the community. Therefore Constitutions should now tend to be what the "Rule" was for the Orders: a permanent and undiscussed source of inspiration. D. Regarding the form of Constitutions, the motu proprio recommends concision and precision. SThis was the. title given by the Cistercians to their most ancient constitutional text. Cf PL 166,1377-1384. 8Regula 40,1-2. Revision of the Constitutions: Meaning, Criteria and Problems / 531 Concision: "necessary norms., not excessively multiplied" (no. 12, b). Precision: "in suitable and clear words" (no. 12, a); "in an adequate manner" (no. 12, b). 3. Conclusions and Problems The first criterion, viz., that Constitutions should contain both doctrine and laws, often de facto means the redaction of a new text. As we have already mentioned, many modern Constitutions had only a juridical-disciplinary character. This is probably the main reason why the Sacred Congregation for Religious and Secular Institutes, in a statement published on July 12, 1968, declared that the revision of the Constitutions could be understood as the writing of a new text. The only condition is that the individual community must remain within the limits set by the nature, aims and spirit of the institute. Another reason that recommended the composition of a new text was the great difficulty experienced by many communities when they began to in-troduce partial emendations such as new paragraphs on obedience, celibacy, community, liturgy. There were deep differences between two approaches to spirituality: the one being largely individualistic and ascetic, the other being communitarian, liturgical and ecclesial, and these began to appear more strongly. Some communities which had begun to modify the old text finally arrived at the decision to write a new text. Other communities had decided from the beginning to write a new one. In my own experience with different in-stitutes, this decision to rewrite has been a wise one. The application of the criteria laid down by the Ecclesiae Sanctae has given a new shape to Constitutions. This fact has provoked a certain uneasiness among many religious. At first, they did not know what to do with the new doctrinal style. They missed the old disciplinary norms. And we cannot blame them for this. They had been accustomed for years to another kind of legisla-tion. Some of them even expressed their suspicion that the suppression of prac-tical norms was of[en the fruit of a certain relaxation. This attitude seems to result from a twofold misunderstanding: First of all, the new texts do not really make concessions in the direction of relaxation. Certainly they show a more positive approach to the basic features of Christian life and, therefore, the negative vocabulary~ that had been cherished by the Christian spirituality of the last two or three centuries tends to disappear. But if emphasis is placed on the positive and central elements of Christianity, this does not dissipate the negative consequences. Even if new Constitutions focus on following Jesus, they do not forget that in order to follow Him, we have to leave everything for Him. We cannot forget that this is the precise perspective of Christian spirituality as it is presented in the Gospels. On the other hand, there are doctrinal statements which are much more exigent than practical rules prescribing certain austerities. The invitation to be "a sign of contradiction" found in a new text is much more exigent than the rule requiring permission every time a sister leaves the house. The second misunderstanding concerns the value of the doctrinal section. 532 / Review for Religious, Volume 34, 1975/4 Religious are commonly agreed that the new doctrinal texts express in most cases a very rich spirituality. But some of them do not seem to appreciate the exact value of these statements which seem to them to be less binding than the old, disciplinary texts. This is a mistake. The doctrinal texts of the Constitutions do not contain a mere theological reflection. They express the idea that the community itself has of its own vocation and spirit in the Church. And therefore, they bind all the members as long as they desire to remain in the community. Far from being a merely theoretical explanation, they contain what might be called a "constitutional doctrine." Religious who are uneasy with the new style of Constitutions should recall that a text which traces the basic features of a vocation and spirit, a text which describes a mode of existence instead of prescribing a set of practices, a text which prefers the indicative to the imperative is actually more in line with the evangelical idea of Law. The deep difference between the Old Law and the Sermon on the Mount is that Jesus proposes a vocation to men who are no longer servants but friends.7 And who will argue that the Beatitudes are less binding than the Decalogue, even though they move on a different level? The commandments of not killing, of not committing adultery, of not stealing re-quire a material observance, because they express a minimum. The beatitudes on peacemakers, on purity of heart and on poverty on the other hand require a growing fidelity to the Spirit. They express the basic features of Christian ex-istence. If, from one point of view, as has been mentioned, the Constitutions should be the definition of an essential minimum, at the same time the principle that states they should contain the doctrinal formulation of the vocation and spirit of the community makes them also to be the expression of an ideal maximum. They propose a calling which is never completely fulfilled; they show a path on which no one should stop; they set forth the means by which religious can grow in the Spirit. This, also, is the exact meaning of the Beatitudes. We are never completely "poor in spirit," but the poorer we are, the more blessed we are. "You came here to be one heart," writes St. Augustine at the beginning of his Rule for the Servants of God? But he knows that on this earth we are never completely "one heart.''a St. Benedict, too, is well aware of this fact, when he finishes his Rule with the invitation to grow and to grow yet more.~° Constitutions are supposed to reflect the dynamic tendency of Christian ex-istence. Consequently, their observance implies a double fidelity: fidelity to the letter of the essential common laws, and, more profoundly, a dynamic, grow-ing fidelity to the Spirit. 4. Constitutions and Complementary Norms The reduction of the Constitutions to an essential "basic rule" implies as a 7Saint Ambrose, De l~iduis 12,72-73, PL 16,256-257. aRegula ad Servos Dei I, PL 32,1378. Epistola 211,5 PL 33,960. aDe bono coniug. 18,21 PL 40,387-388. ~°Regula 73. Revision of the Constitutions." Meaning, Criteria and Problems / ~i33 consequence the need for a complementary code that should contain more detailed norms. The idea of this complementary "Directory" was suggested by the Pope in Ecclesiae Sanctae. Such a code formerly existed in many Congregations: called in French institutes the Directoire, in the Roman canonical tradition of other Congregations it has been called the Codex luris Addititii (the code of complementary laws.) This Directory is supposed to contain the norms that are ordained to im-plement the Constitutions in all the aspects of the life of the community; prayer, particular traditions, formation, government. All norms which can easily be subject to change should be inserted into this complementary text rather than into the Constitutions. The Directory remains under the exclusive responsibility of the General Chapter while the Constitutions, after their ap-proval by the Holy See, can no longer be modified by the community without approval from Rome. There is today an even greater need for a complete legislation in each in-stitute, for, if the criteria followed in the provisional draft of Canon Law in regard to religious becomes definitive, many norms which were before fixed by common law will be left to the initiative of the individual institute. Since such a "complete legislation" will be made up of two texts, the Constitutions and the Directory, the institutes which have postponed the composition of the second text should now begin to work towards the formulation of their Directory. In suggesting this, we are aware of the heavy burden that such a procedure places on the religious especially of smaller communities. On the other hand, it is worth cautioning against an attempt to fix rapidly an abundance of such com-plementary norms just for the sake of having a "complete legislation." However, at least the most important norms, such as those concerning elec-tions, requirements for certain offices, incorporation into the institute, re-quirements for formation, etc., should be fixed, and the decisions made by the General Chapter should be listed clearly and in order (following the same order as the Constitutions). Furthermore, the Directory should be provisional. Since it will remain within the competency of the institute, the General Chapter will be able to improve upon it in progressive fashion. 5. Definitive Approval of the Constitutions and the New Canon Law The announcement that a new draft of Canon Law in regard to religious is now under study seems to have introduced a new factor of uncertainty in the process that leads to the fixing of a definitive text of the Constitutions. And we can surmise that definitive approval for revised Constitutions will not be granted by the Holy See until the promulgation of the new Canor~ Law. Cer-tainly, since both the new Canon Law and the Constitutions of each com-munity will contain fewer details, there will be less possibility that some points of the Constitutions will be in contradiction to the new code. But there will be many points in which it would be better if the Constitutions used the ter-minology adopted by the code. Will this mean that the period during which the Constitutions will remain under the responsibility of the individual institutes 534 / Review for Religious, Volume 34, 1975/4 will be prolonged by the Holy See? Since religious seem now to have overcome in large part the insecurity which had accompanied the change of their con-stitutional norms, it is possible that the Holy See will study the possibility of giving more time to the maturation of both the Constitutions and the Direc-tory. But it is also possible that the Sacred Congregation for Religious will prefer to open a period of dialogue with individual communities in which the Constitutions will be subjected to examination from both sides, even if they will no longer be under the exclusive responsibility of the individual institute. Surely in either case Roman sagezza will find a way of avoiding the repetition of what happened in the first decades of this century when many Constitutions approved in the first fifteen years of the century had to go back to Rome ten years later to be adapted to the then new Code of Canon Law. Back Issues of the Review The following is a list of the back issues of Review for Religious that are presently available: The first twenty-five volumes (1942-1966) inclusive of the Review have been reprinted in twenty-five clothbound volumes. Volumes 1 to 20 (1942- 1961) sell at $6.50 the volume; volumes 2l to 25 (1962-1966) sell at $7.50 the volume. 1967: All issues 1968: All issues 1969: All issues 1970: All issues 1971: All issues 1972: All issues 1973: All issues 1974: All issues 1975: All issues (except January) (except January) Some of these issues are available only in small numbers. The issues cost $1.75 (plus postage) each and should be ordered from: Review for Religious 612 Humboldt Building 539 North Grand Boulevard St. Louis, Missouri 63103 Affirmation: Healing in Community Sister Gabrielle L. Jean House of Affirmation, Inc., is an international therapeutic center for clergy and religious, located at 120 Hill Street; Whitinsville, MA 01588. Sister Gabrielle L. Jean, Ph.D., is Director of the Worcester Consulting Center; 201 Salisbury Street; Worcester, MA 01609. Founding of the House of Affirmation The House of Affirmation is an outgrowth of the Worcester Consulting Center for Clergy and Religious which was established in 1970 in response to the expressed needs of the religious professionals of the diocese. The impact of Vatican II had been strongly felt by the clergy and religious who had to meet increased pressures from the demands of decentralization and responsible in-volvement in social and ecclesial issues. The services of the Consulting Center provided a religious professional the opportunity for self-discovery through the contemporary approaches of psychiatry and psychology in ongoing dialogue with theological developments. The Vicar for Priests and Religious, Diocese of Worcester, when ap-proached by the members of the Interim Senate for Religious, was informed of the fact that a sister-psychiatrist was working at the Worcester State Hospital; it was suggested she would probably help in the organization of mental health services for the religious and clergy of the area. The sister, Anna Polcino, a Medical Missionary physician-surgeon who had returned from West Pakistan a few years earlier, was invited to membership on the planning committee which had been brought together to think through the logistics of the enter-prise. She then became the first director of what was to become the Worcester Consulting Center. A young diocesan priest, Thomas A. Kane, was then com-pleting his doctoral work in clinical psychology and he became co-director of the Consulting Center. 535 636 / Review for Religious, l/olume 34, 1975/4 The overriding goal of the Consulting Center was to help the clients become fully human, consistently free persons within the context of their ecclesial calling and social insertion. Sister Anna and Father Kane undertook to meet this goal through a threefold program of service, education and research. Since its opening, the services and programs of the Consulting Center have included individual consultation, group consultation, group process communication labs, personal growth groups, candidate assessment, lectures and workshops. After two full years of operation, however, it became apparent to Sr. Anna that the outpatient facilities were not sufficient for some religious and clergy who had come to the Consulting Center; there was definite need for an inten-sive residential treatment program. Thus was the House of Affirmation con-ceived. It became a reality in October, 1973, when the doors were opened to its first residents in Whitinsville, Massachusetts. Dr. Anna Polcino assumed the responsibility of psychiatric director of therapy and Dr. Thomas A. Kane became its executive director. The residential center pursues the same goals as the Consulting Center; namely, service, education and research. Philosophy of the House of Affirmation The philosophy underlying the House of Affirmation's existence and operation can be succinctly stated as: treatment of the whole person in a wholly therapeutic environment. Mental health professionals adhering to this basic philosophy meet a real challenge when their clientele is constituted by other professionals whose religious values are central to their vocational choice and identity. Religious men and women have chosen a celibate way of life which jars with the usual Freudian model of therapy. And so an alternative had to evolve to meet the needs of this relatively important and clearly delineated sociological group of celibate religious professionals seeking psy-chological help. A group situation provides a favorable environment for the social relearn-ing that constitutes therapy. Modern psychology emphasizes the tremendous power of the environment on human development and behavior; our sur-roundings exert a molding influence on our behavior. In "milieu therapy," the expectancies and attitudes of the treatment staff are central to bringing about social rehabilitation but the "psychotheoiogical community" concept of the House of Affirmation goes beyond this milieu therapy with its inherent psy-choanalytic orientation and reductionism. There is an existential concern with rediscovering the living person amid the compartmentalization and dehumanization of modern culture. Interest centers on reality as immediately experienced by the person witl~ the accent on the inner-personal character of the client's experience. The therapeutic community supplies the type of accept-ing or impartial reactions from others that favor social learning. Besides, the therapeutic environment prevents further disorganization in the client's behavior by reducing his intense anxieties. Affirmation, Healing in Community / ~i37 Psychotheological Therapeutic Community The House of Affirmation has developed a unique model in its psy-chotheological therapeutic community. The expression "psychotheological community" implies a quest for communion with God and with man. It is an accepted fact that personhood can only be realized in community, and this phenomenological aspect of man's human predicament aligns the model with the existential therapeutic movement.-It seeks to analyze the structure of the religious professional's human existence in view of understanding the reality underlying his being-in-crisis. It is concerned with the profound dimensions of the emotional and spiritual temper of contemporary man. The importance of community looms large in the current psychological literature. Stern and Marino state that "religion and psychotherapy encourage community engagement with life; both can be distorted to emphasize a kind of pulling back in order to ensure personal safety. Insofar as they foster openness, they become true protectors of the role that love can play in cement-ing human relationships, and consequently, the reconciliation of society. The establishment of relationships is the first step in establishing the community. As a stranger becomes familiar, we are in a better position to reach out to him, to join our lives more closely. Our differences will never disappear and we will find it necessary to sacrifice a degree of autonomy.''1 Each person in the community remains a unique individual. He may grow and change in the community but he will retain his identity. Personal union of community members serves to bring out and enrich what is uniquely true of each individual. "Growth in community will be effected by all those active and passive elements that created favorable conditions for the growth of unity and charity: openness, receptivity, sharing, giving, receiving. Community connotes oneness without loss of identity, a sharing in the interiority of another without the sacrifice of personal integrity.''~ The adaptations recommended and wrought by the Second Vatican Coun-cil have changed the pattern of environmental demands on Christians at large, but it has wrought this change even more on formally professed religious men and women. Some have adjusted quickly and almost with eagerness to these changes wliile others have been.floundering in the insecurity of a slow and painful assimilation of change. The poignant experience of confusion, doubt and sense of loss has taxed the coping ability of many who, cut off from safe moorings, question their identity and authenticity in what they consider an un-charted land. The post-Vatican period demands maturity and balance on the part of those chosen to minister to the people of God especially because much risk is involved. ~E. Mark Stern and Bert G. Marino, Psychotheology (Paramus, N.Y.: Newman Press, 1970), p. 66. ~Sister Daniel Turner, "The American Sister Today," in The Changing Sister (Notre-Dame, Ind.: Fides, 1965), pp. 309-310. Review for Religious, l/olume 34, 1975/4 The Dogmatic Constitution on the Church, Lumen Gentium, emphasized the aspect of community when it spoke of the Church as a "sign and sacrament of man's union with God and of the unity of the whole human race" (LG, 1). The religious community as such cannot form the person although it should provide a setting in which the individual human being can emerge as a fully functioning adult. For too long, religious communities of men and women as well as priests in rectories have had. a task-oriented rather than person-oriented environment. Yet personal development is a basic prerequisite to a meaningful life in society at large and in the local community where the celibate lives. This follows logically from the principle that love of self precedes love of others. However, I can only know myself if another reveals me to myself just as I can only come to a real love of self when I come to the realization that I am loved by another. Likewise does man find his meaning and sense of identity in and through others. The person-oriented group helps man realize his personhood when, through the truth and goodness'of his con-freres, man's own powers of knowing and loving are released. In the therapeutic community of the House of Affirmation, the resident can formulate his own reactions, share them in social communication and thus become aware of the commonness of his own anxieties. By sharing his reac-tions with peers, he is practicing the very techniques of social interaction in which he has typically remained unskilled. In the reactions of his peers with whom he shares his daily activities, the resident finds the acceptance, support, protection, challenge and competition which enable him to develop more valid self-reactions. In addition, the therapeutic milieu provides the opportunity for social interaction among residents and staff. The House of Affirmation is neither a place of confinement nor a haven for "rest and recreation"; rather, it is a miniature social-religious community planned and controlled to facilitate the social learning of its residents. The professional staff members have accepted as the general goal of psychotherapy to help the "unfree," childishly dependent person become a genuine adult capable of "responding affirmatively to life, people and society.''3 The focus is on self-understanding and insight-building of an immediate and current nature in view of helping the individual to grasp the meaning of his existence in its historical totality. Ultimately, the mentally healthy client will attain freedom to choose, maturity in outlook and responsible independence. The life of the celibate can be viewed as an ongoing process of interaction with the religious, social and natural forces that make up his environment. The meaning that life assumes for a celibate depends on his personal response to these forces. The celibate community constitutes a union of persons who par-ticipate in a common love-response to the call of Christ.4 The key to a proper 3John Dalrymple, Christian Affirmation (Denville, N.J.: Dimension Books, Inc., 1971), p. 10. 'Sister Helen Marie Beha, OSF, Living Community (Milwaukee, Wis.: Bruce Publishing Co., 1967), p. 21. Affirmation, Healing in Community understanding of community lies in participation which becomes a unifying force which, at the same time, allows for individual differences. Is not willingness to receive from him one of the dearest gifts one can give to another? Participation characterizes the relationship of individuals united by love in community. All encounters assume meaning in that context; they become avenues to change. The difference his presence makes in the overall community process gives meaning to the celibate's life. Being human really means coming to grips, in a creative way, with the concrete situation in which we find ourselves. The ex-perience of here-and-now is crucial, for life is today--not yesterday or tomorrow. The same applies in the therapeutic situation be it individual or group: the ongoing, immediate experience of residents and therapists as they interact becomes the phenomenological focus in therapy. The total phenomena ex-perienced at any moment in time is what describes man's existential situation; the experienced event is what is brought to therapy. Listening to others as per-sons, looking into their eyes, mind and heart with deep sympathy, feeling that this person is suffering, is appealing to us as a person--is this not affirmative response to Christ's summons: "Love one another as I have loved you" (.In 13:34)? The call to Christian life is ideally expressed in the experience of the Eucharist which is the community experience par excellence. The Eucharist builds up a community of faith, and so it stands at the very center of the psy-chotheoiogical community that is the House of Affirmation; it reveals the solidarity of all members in Christ. It is the same solidarity that is expressed in the opening words of the Pastoral Constitution on the Church in the Modern World, Gaudium et Spes: "The joys and hopes, the sorrows and worries of the men of our time are ours" (GS, 1). The House of Affirmation has thus accepted the challenge of the Fathers of Vatican II who urged, in the same document that we make appropriate use "not only of theological principles, but also of the findings of the secular sciences, especially of psychology and sociology" (GSo 62) to help the faithful live their faith in a more thorough and mature way. In its Decree on the Ap-propriate Renewal of the Religious Life, Perfectae Caritatis, the Council Fathers pursued the same line of thought: "The manner of living, praying, and working should be suitably adapted to the physical and psychological con-ditions of today's religious., to the needs of the apostolate, the requirements of a given culture, and to the social and economic circumstances" (PC, 3). In the article pertaining to chastity, religious are urged to "take advantage of those natural helps which favor mental and bodily health . Everyone should remember that chastity has stronger safeguards in a community when true fraternal love thrives among its members" (PC, 12). Celibate religious professionals who are trained in psychiatry and psychology can bring to bear their own experience in coming to a better understanding of the emotional problems of religious and priestly life today. Such is the case in both of our outpatient Consulting Centers and the residential treatment center of the House of Affirmation. ~i40 / Review for Religious, l/olume 34, 1975/4 For too long, celibates have been frustrated when seeking professional help since they were limited to psychiatrists and psychologists who had little un-derstanding of their religious commitment; the misconceptions that could arise often deterred religious and priests from seeking psychiatric-psychological help. Our residential treatment center has been set up to minimize the threat and the possible alienation attendant on presenting oneself to a professional-type establishment. A home-like atmosphere has been developed which has proved most therapeutic and which prepares the individual to respond to therapyin a very positive manner, and that contrasts with the resistance that is frequently found when working with the laity. At present, there are twenty residents at the House of Affirmation of which thirteen are men. An attempt is being made to establish a better men/women ratio but the fact is that more men than women are referred for residential treatment. The professional staff presently includes one psychiatrist, six psy-chologists, two pastoral counselors and one registered nurse. The basic com-ponents of the therapeutic program are: Mode of therapy Time per session Weekly Individual 1 hour twice Group (same therapist) 1 1/2 hours twice Intercommunication lab I 1/2 hours once Psychodrama 1 1/2 hours once Residents' group (no therapist present) 1 hour once Group design I hour once Ancillary therapies: Photography I 1/2 hours once Movement therapy 2 hours once Physical therapy 1 hour once Alcoholics Anonymous 1 hour once Ceramics 2 hours once Yoga 1 hour once Art therapy 3 hours once Lectures; Psychology/psychiatry 1 hour once Psychotheological reflections I hour once Spirituality 1 hour once An individual priest, sister or brother may be referred to the House of Af-firmation for the purpose of coming to a better understanding of his emotional problems and/or to resolve them. However, the client is always informed that unless he comes of his own free will, therapy will be of little avail to him. No resident is accepted for treatment on the mere recommendation of his religious superiors; the applicant must indicate willingness to come for therapy. The principle of confidentiality is crucial to the operation of the House of Affirma-tion; privacy is maintained at all times. This has produced a sense of security Affirmation, Healing in Community / 541 and trust and the clientele has grown geometrically. Since its inception, it has been stressed that the purpose of the House of Affirmation is not so much keeping the celibate in the religious or priestly life as helping him become truly human and consistently free. Through therapy, he can come to his own deci-sion about his future. In the course of therapy, the client comes to view his experience in wider perspective and he gains a better future orientation. Self-growth demands that the individual have something to aim for, a goal which can be brought into reality through committed action. The individual's task will then be to ac-tualize this possibility, to make it a reality. As a person begins to respond to his feelings, he sees possibilities in his future and makes attempts to achieve these; by so doing, responsible independence increases in his life-style. Many of the problems that have been presented at the consulting centers and at the residential center have been classified as deprivation syndromes and as what Freud has described as repressive neurosis. In the first case, lack of love and acceptance (lack of affirmation) has crippled the psychological func-tioning of individuals; in the latter case, one encounters priests and religious who have made excessive use of the defense mechanism known as intellec-tualization. Many of these individuals are not aware of their emotions and have even repressed anger in their life as celibates. The repression in this in-stance often came about by faulty training which presented the emotion of anger as "unvirtuous," an emotion not to be expressed at any time. Yet Christ found it appropriate to express His emotions: "The angry man who picked up a cord to drive the buyers and sellers out of the temple, who wept in sadness over Jerusalem, who was bathed in sweat before His arrest was not a stoical, emotionless man.''s Through therapy, individual clients become aware of their emotions, are informed that their emotions are basically good and are encouraged to express them in a healthy way within the context of a celibate life. Individual therapy is supported by group therapy where anger-feelings may be expressed and accepted as such. The re-educative process is somewhat long and painful but it "pays off" in a more personally satisfying and productive life. Having been af-firmed by a significant other in the course of individual therapy and, in turn, affirming others, the healed resident knows and feels who he is. He finds that he is different from others but that he is acceptable, that he belongs in com-munity, that he is contributing to it and changing it. He has come to realize that there is a unique place for him in society, that he has a unique contribu-tion to make to it, that he can choose freely to do and to love.6 The effectiveness of this model has already been substantiated by in-house research. It is very likely that it will find still further support for its claims with the passage of time. 5Dalrymple, op. cir. p. 111. nThomas A. Kane, Who Controls Me? (Hicksville, N.Y.: Exposition Press, 1974), pp. 75-76. Prayer: A Thematic Bibliography Compiled by David Ricken Mr. David Ricken is a seminarian of the Diocese of Dodge City, Kansas. His current address: 1501 Belleview--Apt. //3; La Junta, CO 81050. The purpose of this bibliography is to present some of the best authors and books on prayer to a variety of people who are in(erested in prayer for a variety of reasons. This bibliography is divided into several themes so that the reader may easily select that book which is best suited to his interest and purpose. Of course, division brings limitation, and the placement of each work into one particular theme is, on occasion, arbitrary and personal. Attempt has been made, however, to classify each work according to that theme which appears to be central to the book. Obviously, there are many more books on prayer which have not been listed here. However, better to have read one book and to pray than to have read many books and to not pray. l--Prayer: Introductions: Bloom, Archbishop Anthony. Beginning to Pray. Paramus: Paulist. This book is an experience in prayer and contains helpful suggestions and en-couragements to begin one's quest of love for God. Chapman, Dom John. The Spiritual Letters of Dora John Chapman. London: Sheed & Ward, 1935. This work is a compilation of letters, and does not pretend to be a survey or summa of the spiritual life; );et it has become a classic, mostly because of its sound advice on spiritual life in general and mysticism in particular. Guardini, Romano. Prayer in Practice. New York: Pantheon, 1957. 542 Prayer." A Thematic Bibliography / 543 Written by an excellent theologian of several years ago, Prayer in Practice is a thorough, highly intelligible introduction to prayer. The scope of the book is broad, and the author delicately intertwines and balances theory and practice. Jarrett, Bede, O.P. Meditations for Lay-Folk. St. Louis: B. Herder This book is a series of well-thought-out essays on every aspect of Catholic thought and living, but the few sections on prayer are especially fine. Father Jarrett shows prayer to be, in one sense, the "pondered love of God," the lifting of the mind through the heart, and the gradual taking on of God's point of view. It also tries to relate prayer to every possible circumstance of life, thus broadening the base of prayer, making it something more than a narrowly spiritual activity. Father Jarrett shows that there is a totality to prayer, as there should be a totality to man's life with God. He also shows that prayer is normal, since God is interested in every human being and every human being is called to a deep and intimate life with Him. For Father Jarrett, prayer is eminently the "'voice of faith," the living embodiment in one's life of what one believes. It is the natural blossom-ing of the knowledge of the Faith in one's life. It is the voice and nourishment of a per-sonal seeking of God. Maritain, Jacques and Raissa. Prayer and Intelligence. New York: Sheed & Ward, 1943. Comprising less than fifty pages, it is a study of prayer based on St. Thomas and St. John of the Cross. It is not written in philosophical or theological language, but sets forth in very simple language the path of prayer for Christians and is applicable not only to the learned theologian and religious teacher, but also to the ordinary housewife who is a child of God and called to a life of prayer. McNabb, Vincent, O.P. The Path of Prayer. Springfield, 111.: Templegate. This small book is written in the form of a "diary of Sir Lawrence Shipley," and in it Father McNabb embodies some of the fundamental principles of prayer, based on the theology of St. Thomas Aquinas. Prayer is shown to be the habit of leaning on God and the total ordering of one's life to God. It also shows that prayer does anything but produce passive men. Rather it opens up every human possibility and the use of every human gift in God's service. It is a careful reflection on the principles and implications of the life of prayer, enabling one to begin building a personal "pragmatic" of prayer. Rahner, Karl, S.J. On Prayer. Paramus, N.J.: Paulist. With that bold insight and careful respect for the truth so characteristic of him, Rahner has given us the fruit of his search for God. It is clearly discernible that for this eminent theologian, there is hardly.a distinction between theology and prayer. In a style which is easy to understand, he articulates his vision of prayer, one which is truly authentic and truly beneficial. ll--Prayer: Reflections: Caretto, Carlo. Letters From The Desert. Maryknoll: Orbis, 1972. This is prayer incarnate. Prayer as passion, as compassion, as the life and breath of a virile and contemplative mind in a passionate search for the core of his being. Prayer drove Carlo Caretto into the desert, where he could listen to the voice of God in silence and solitude. There is a freshness and primitive innocence to his words as God begins to take hold of his whole being. This is the chronicle of one man's desert experience. Caretto, Carlo. The God Who Comes. Maryknoll: Orbis, 1974. ~i44 / Review for Relibious, Volume 34, 1975/4 This is another presentation of Brgther Carlo's thoughts and reflections from his solitude in the Sahara desert. Written in a simple and direct style, the main thrust of his writing deals with man's hope for "the God Who comes." The book treats ofthe Church as an in-stitution of men and women and as a divine reality which through its renewal and change will evermore make known the gratuity of God. In parts, Brother Carlo speaks of his own life in solitude, his prayer, his contempla-tion and his own dialogue with Jesus. Farrell, Rev. Edward J. Prayer is a Hunger. Denville: Dimension, 1972. Father Farrell writes of prayer as a hunger to be intensely experienced and as a journey to be creatively undertaken. These reflections in solitude encourage the reader to keep a "journal" as an enticement to prayer. The book itself exemplifies this "'journal" ap-proach and helps one to begin to see what prayer is all about. Nouwen, Henri J.M. With Open Hands. Notre Dame: Ave Maria, 1972. With gentleness and authenticity, Nouwen has here developed an artistry which is at once rare and most welcome. With Open Hands is a prayer, for it helps the one who enters into it to allow the walls which he has built around himself to crumble. The author truly teaches the reader to open his hands. Turro, James. Reflections--Path To Prayer. Paramus, N.J.: Paulist, 1972. The beautiful blend of captivating color photographs and a profound text has produced a masterpiece which can lead to prayer with ease. Ill--Prayer: The Presence of God. Abhishiktananda (Henri Le Saux, O.S.B.) Prayer. Philadelphia: Westminster, 1972. To be Christian is to be contemplative. To be Christian is to live in awareness of the presence of God. Contemplation is not the private possession of monks and nuns, priests and religious. It is a gift of God to every man to be exploited and enjoyed. Born in the West, this monk has completely immersed himself in the spiritual heritage of the East. He is one of those phenomenal men who has not lost the roots of his own tradition, but is himself a bridge between East and West. Brother Lawrence. The Practice of the Presence of God. Springfield, I11.: Templegate, 1963 (3rd Edition). This little classic is Franciscan in its primitive simplicity, almost like a page out of a diary of St. Francis. The sheer beauty of God has captivated the heart of Lawrence, and the glimpses that he gets of God in the world around him and in God's Word shatters his heart, developing a spirituality that destroys every last ounce of the fear and diffidence that once motivated him. The introduction by Dorothy Day puts the times of Brother Lawrence into focus and the trans.lation by Donald.Attwater is limpid and clear. This is an account of growth in genuine prayer and the gradual opening of one man's mind and heart to the loveliness of God. It is a paradigm of prayer of great depth and beauty. IV--Prayer: Hesychasm or Prayer of the Heart: Anonymous. The Way of the Pilgrim, and The Pilgrim Continues His Way. (translated from the Russian by R. M. French) New York: Seabury Press, 1965. Prayer." A Thematic Bibliography / 545 After hearing in an Epistle the exhortation of St. Paul "to pray without ceasing," a pilgrim sets out on a journey to do exactly that--to pray ceaselessly. In inspiring narratives, the author instructs the reader about continual interior prayer. This is an ex-cellent introduction to the "Jesus Prayer." Chariton, Igumen (compiler). The Art of Prayer: An Orthodox Anthology. London: Faber & Faber, 1966. Dove Publications. This great anthology is concerned chiefly with one particular prayer, the "Jesus Prayer." This simple prayer has become the edifice upon which many Orthodox have built their spiritual life and through which many have penetrated to truth. This compilation of texts from spiritual men of many ages demonstrates the depth and riches of such a simple prayer.*** Kadloubovsky, E., and Palmer, G. E. H., translators. Writings from the Philokalia on Prayer of the Heart. London: Faber & Faber, 1951. "Philokalia" means "'love of the beautiful" and it was the purpose of the Fathers of the Eastern Church to instill a sense of the beautiful and the sacred in their disciples. Concerned with hesychasm or prayer of the heart of which the "Jesus Prayer" is the prime example, these writings instruct and exhort the Christian in the way of the prayer of the heart.*** Maloney, George, S.J. The Jesus Prayer. Pecos: Dove Publications, 1974. George Maloney is steeped in the Russian hesychasm tradition, and this little booklet is an invaluable introduction to this form of prayer. A Monk of the Eastern Church. On the Invocation of the Name of Jesus. Ox-ford: S.L.G. Press, 1970. Nearly every sentence of this little book is loaded with power. To really appreciate it one must live with it, almost devour it. The author proceeds very logically from an explana-tion of the form of the "Jesus Prayer" to the explication of the theological implications and nuances contained in the "Jesus Prayer." A Monk of the Eastern Church. The Prayer of Jesus. New York: Desclee, 1965. This is considered the ciassic guide to, and explanation of, the "'Jesus Prayer." V--Prayer: The Scriptural Approach: The Psalms by God and man. Von Balthasar, Hans Urs. Prayer. Paramus, N.J.: Paulist Press, 1961. Father Hans Urs Von Balthasar has divided prayer into three main sections: "The Art of Contemplation," "The Object of Contemplation," "Polarities in Contemplation." He approaches the subject in a very masterly fashion, applying copiously many texts drawn from Sacred Scripture. He re-orientates prayer by re-orientating man, reminding him that he is redeemed, a son of God. Bro, Bernard. Learning to Pray. Staten Island: Alba House, 1966. 546 / Review for Religious, Volume 34, 1975/4 Despite his many assertions of generous disposition and openness to God, man always seems to find an excuse not to pray. Expanding on the texts, "Lord, teach us how to pray," and "could you not watch one hour with Me?" Bro sets out to show that prayer is a very necessary and vital part of faith. Johnston, William. "The Mystical Reading of the Scriptures--Some Suggestions from Buddhism." Cistercian Studies, #1, 1971. Johnston maintains that while Scriptural exegesis has "boomed ahead with great 61an," the understanding of Scripture at a deeper level than scholarship has made little progress. He suggests that Christians can learn from Buddhism ways of understanding Scripture at a deeper level--primarily through the use of the Koan and mantras taken from Scripture. Worden, T. The Psalms are Christian Prayers. London: Chapman, 1962. The purpose of this book is to re-orient andto change the reader's outlook on the ideas of the Old Testament. It attempts, and succeeds in creating a new mentality in the reader, one which assents to the truth that the Psalms are Christian prayers. VI--Prayer: Mental: Lehodey, Dom Vitalis, O.C.S.O. The Ways of Mental Prayer. Dublin: M. H. Gill & Son, 1955. Noted for its simplicity and clarity of style, Lehodey has succeeded in writing an excellent guide for mental prayer. The accomplishment of Lehodey in this work should not be dis-missed or overlooked because of what appears to be, in recent decades,, a declining in-terest in mental prayer. Rohrbach, Peter Thomas. Conversation with Christ: An Introduction to Men-tal Prayer. 3rd Ed. Denville: Dimension, 1965. Modeled after the prayer of St. Theresa of Avila, Conversation With Christ makes one point: mental prayer is "conversation with Christ." The style is simple and lucid. This makes an excellent introduction to this form of prayer. VII--Prayer: The Oriental Approach: Johnston, William. Christian Zen. New York: Harper & Row, 1971. Almost entirely practical in nature, this little book tries to make sense of Zen for the Christian by explaining some of the methods which can lead to "enlightenment." (cf. The Still Point, a book by this author which gives a psychological explanation of Zen and a discussion of the meeting point of Christian mysticism and Zen.) (cf. Silent Music, another book by this author which treats of the science of meditation. He writes of the similarities of the deep states of consciousness in various religious traditions. A good scientific evaluation.) Stevens, Edward. Oriental Mysticism. New York: Paulist, 1973. This is an integrated treatment of mysticism which combines experience, theory, and practice. Treading Buddhism, Zen, Hinduism, Taoism, the author discusses the necessity of meditation and the need of Western man to develop this ancient art. Temple, Sebastion. How To Meditate~ Chicago: Radial Press, 1971. Prayer." A iThematic Bibliography / 547 The author, a former Hindu monk, provides here n.ot only a "'complete guide to yoga techniques," but also an excellent resource book foi" meditation. VIII--Prayer: Contemplative and Mystical: ' Anonymous. The Cloud of Unknowing and the Book of Privy Counseling. (ed. William Johnston) Garden City: Doubleday, 11973. This is the classic Western exposition of the Byzan~tine tradition of mysticism which found its richest form in the writings of the "Pseudo-Dionysius." Recognizing that God is beyond all our concepts, that the Lord of Heaven add Earth is clothed in Mystery, the "Cloud," formulates a pragmatic of prayer based upon this profound insight into the transcendence of God. The unknown author recognizes that the vitality of prayer must be maintained and that the very obscurity of faith can deter from prayer. Prayer here is not understood as a static act, however, and that is where the author recognizes that he may be misunderstood: it is an attitude of mind, a "looking towards God," a life-style and a modality of thinking and acting. The Introduction by William Johnston is scholarly and thorough, linking the Cloud with other prayer traditions. The Cloud itself is a tightly reasoned book and is meant rather as an encouragement to those who find themselves quite alone in their searching and pursuit of God. This aloneness, this "forgetting," this "unknowing" is part of the pursuit, and the profound advice of the author of the Cloud leads to a number of important convictions in the whole business of prayer.*** Borst, J.M.H.M. "A Method of Contemplative Prayer." Review for Religious 33:4 (July, 1974), 790-816. The author makes an orderly recommendation of different "phases" of contemplative prayer and strongly urges that if one wants to be contemplative, he must practice con-templative prayer regularly. Catherine of Sienna. The Dialogues of St. Catherine of Sienna. Westminster: Newman Press, 1950. St. Catherine's dialogues are a lucid commentary on a living relationship with God and in them she mediates and articulates the full implications of theology regarding man's relationship with God. She lays down the conditions for growth in a vibrant and vital relationship and by the use of stirring and striking imagery communicates something of the scope and texture of true holiness. What is especially significant is the positive view of human things and the role of personal initiative and responsibility. From the theological point of view, she articulates the reality of a "personal providence," the intimate care and concern that God has for each one per-sonally and the tension and dynamics of this personal Providence. The end result is the strengthening of the spirit in a profound and personal hope in God and the growing ability to read the living signs of this hope in one's own life. This is "mysticism" at its best, but a mysticism completely devoid of subjectivity, opening up the mind to the rich possibilities of a personal encounter with God. Unfortunately, the translation is a bit archaic, but the living thought of St. Catherine still comes through.*** Higgins, John J., S.J. Merton's Theology of Prayer. Spencer, Mass.: Cistercian Publications, 1971. 54B / Review for Religious, Volume 34, 1975/4 This study of Thomas Merton's theology of prayer shows the total consecration to com-panionship with God which was Merton's legacy. It shows the unity of Merton's thought and development, the spiritual passion that characterized his early years and the develop-ment of that passion to something close to spiritual genius. Merton's ability to nourish his prayer-life from hundreds of different sources, and the blossoming of that prayer-life in his varied writings reveals the depth and dimensions of this remarkable spiritual per-sonality. Prayer, in all its richness and beauty, is shown to be the result of normal faith and normal intelligence--but as fully exploited in a personal pursuit of God. This is different than is to be found in some other studies of prayer, in that it shows the embodi-ment of a prayer tradition in the life of one man, a man for whom God and prayer were the totality of life. Merton, Thomas. The Ascent.to Truth. New York: Harcourt, Brace, 1956. The finest introduction in any language to the mystical theology of St. John of the Cross. A lucid and clear exposition of the whys of prayer in the Juan de la Cruz tradition, with distinctions and clarifications which make it a very valuable theological work. Perhaps the finest of Merton's early works in which he shows himself to be a superb and masterly theologian. Merton, Thomas. Contemplative Prayer. New York: Herder & Herder, 1969. In Merton's solid "educated English," he traces the steps to an "educated awareness of God," the cultivation.of which is the finest fruit of faith. His thought ranges from the lim-pid simplicity of the early monks to the most brilliant insights of contemporary theology. This is adult spirituality at its best, with the Merton mind showing the full human and personal implications of a life of prayer. In this book, Merton becomes the guru, the prayer-tutor, sharing his own convictions and prayer-life with a wider audience. Merton, Thomas. New Seeds of Contemplation. N.Y.: New Directions. in this book, Merton covers all the elements of the interior life building up to a solid con-templative life of prayer. This is a very good psychological description of the experience of contemplative prayer. It is a revision of one of Merton's early works, perhaps the most enduring of the early writings. Morales, Jose L. (editor) Contemplative Prayer according to the Writings of St. Theresa of Jesus and St. John of the Cross, Doctors of the Church. An excellent compilation of texts about contemplative prayer by two great con-templatives.*** Underhill, Evelyn. Practical Mysticism. New York: Dutton, 1960. This highly competent and well-known author in the area of mysticism has here succeeded in clearing up the nebulous, ethereal thinking that is often characteristic of things dealing with the mystical. Voillaume, Rene. The Need of Contemplation. London: Darton, 1971. Contemplation is ndcessary for man's very survival, and it is time for man to begin to cultivate a contemplative attitude by proceeding to the heart of things. Love will overflow from the reservoirs of each individual's living contact with Christ. Love begets love; love begets contemplatives. Whalen, Joseph, S.J. Benjamin: Essays in Prayer. New York: Newman, 1972. An initiation into the world of wonder is an appropriate description of Benjamin. Whalen perceives the contemporary human situation and introduces the reader to the con-templative act--to wonder. Prayer." A Thematic Bibliography / 549 IX--Prayer: The Holy Spirit: Bennet, Dennis & Rita. The Holy Spirit and You: A Study-Guide to the Spirit- Filled Life. Plainfield, N.J.: Logos Int, 1971. This is an especially thorough and helpful explanation of that facet of the experience of God which is often called "the Spirit experience." Well done. John of St. Thomas. The Gifts of the Holy Ghost. (tr. by Dominic Hughes, O.P.) New York: Sheed & Ward, 1951. This classic work, using the framework of the traditional teaching on the Gifts of the Holy Spirit, focuses on the action of God leading a person to freedom, to openness to God and to a deep life of prayer. The book shows how the gifts and action of the Spirit prepare a man for his encounter with God, giving him clarity of vision, flexibility and resilience, making fertile his freedom, and leading him to explore the wonder and magnitude of God. The book is difficult reading in places, but the implications of the teaching are critical to any real life of prayer. John of St. Thomas shows that the gifts are purification, education, insight and are the full blossoming of faith and a vibrant love of God. By the gifts, the seeker of God begins to share, in some small degree, in the abundance and plenitude of God. In the words of St. Thomas, the gifts are the deep interior currents of a life of prayer, giving to a man a certain kinship, a connaturality with Divine Things. They make a man a lover of God, the~, bring about a state of intimacy with God and Divine Things, and give a foretaste of beatitude. By tl~e gifts, a man exchanges a human standard for a Divine one, and begins to measure his life and his expectations by a Divine yardstick. They open wide the horizons of loving God, enabling a man to "'dream the im-possible dream." Sherrili, John. They Speak With Other Tongues. N.Y.: Pyramid, 1964. A very skeptical journalist relates his contact with and eventual experience of the gift of tongues. This is a valuable explanation of the not-too-long-ago unusual phenomenon which has become wide-spread and highly significant. X--Prayer: Best Sellers: Carothers, Merlon R. Prison to Praise. Plainfield, Logos, Int., 1970. Praise and thank God for all things, even for bad situations and circumstances. This is the basic tenet of a series of books on praise, written by this author. Carothers uses l Thess 5:16-17 as the basis for this form of prayer which has proven itself a powerful aid in revolutionizing people's lives. Parker, Dr. William F. and St. Johns, Elaine. Prayer Can Change Your Life. New York: Pocket Books, 1957. This best seller discusses "prayer therapy," a psychological experiment in prayer which helped forty-five people to grow to greater emotional wholeness and to gain peace of mind. For a good understanding of the nature of Western Mysticism, see "The Nature of Mysticism" by David Knowles in the Twentieth Century En-cyclopedia of Catholicism. ***It is to one's advantage to bring to this book some experience in prayer and especially an understanding of the spiritual, theological and philosophical milieu of the age in which the author wrote, in order to appreciate the full impact of the work. it is also to one's advantage to read this book under the guidance of a spiritual advisor. Models of Poverty Gerald R. Grosh, S.J. Gerald R. Grosh, in addition to teaching theology at Xavier University in Cincinnati, is a member of the staff of the Jesuit Renewal Center; P.O. Box 289; Milford, OH 45150. In his latest book, Models of the Church,~ Avery Dulles elucidates five models2 of the Church which he finds operative "in the minds of the faithful. He analyzes each one in terms of the advantages and disadvantages that each model has in aiding Christian living. Ultimately, Dulles says that the Church is a mystery and that no one model can adequately encompass a mystery. Rather, he states that the models are mutually complementary like the ¯ different shades and colors that blend together to create a total picture. The book is very freeing since it allows for various models and opens up other dimensions of the Church--especially for those persons who are locked into one framework. The aim of this article is to do for our notion of poverty what Dulles has done for our notion of the Church. In our time religious generally are uneasy about their practice of poverty. Often it seems that specific features of our practice of poverty can be amply justified if they are taken one by one. But the features taken all together, the total picture, clearly leave much to be desired. What is wrong? Where do we fail? Perhaps the failure in poverty, if indeed it is failure, results from a too exclusive concentration on one model of poverty, from our failure to let our own dominant model of poverty be balanced ade-quately by other models. It is the belief of this author that a clarification of the 1Avery Dulles, Models of the Church (Garden City: Doubleday and Company, inc., 1974). 2A model is an attitude of mind or a mental framework. It is a way of looking at and understand-ing a particular phenomenon, it points more to a structure of the mind than to a particular con-tent. 550 Models of Poverty / 551 models involved would facilitate the discussion as well as the choices that are made. I shall delineate seven models which 1 see operative in our discussions of poverty. I shall briefly describe each model, indicate the spiritual value which it strives to encompass, indicate its advantages and disadvantages, and list some practical suggestions which might be in accord with a given model. 1. Pnverty as Cnmmunitarian Sharing The call to religious life is a call to living the vows in community. Religious life witnesses to the experience of community as we share our lives together and work toward the common goal of preaching the good news of Jesus Christ. The vow of poverty, then, calls us to share not only our living together and working together but also our material goods. This is rooted in the experience of the early Church: "The whole group of believers was united, heart and soul; no one claimed for his own use anything that he had, as everything they owned was held in common" (Acts 4:32). This model of poverty as communitarian sharing points to the fundamental unity which we have as religious--namely, a unity of heart. We are all believers. We share a common vision of faith and hope. We are united in love. Each person's value is not what he owns or has, but who he is. So deep is our oneness that we live in community and share our possessions. The goal is the underlying unity of mind and heart. One of the advantages of this model is that it aims at eliminating differences between "rich and poor" and focuses on the equality of all. It at-tacks the roots of ownership which can so easily foster vanity and greed. Thus whatever is given to one is given to the whole community and goes to "the common barrel." The spiritual foundation for this mutual sharing of goods is the mutual care that the members of a given community have for one another. The disadvantage of this model is that it becomes more difficult to live as life becomes more complex. We know that we need certain things for apostolic use. How, then, does one regulate the quality and quantity of goods that are needed? How does one maintain the equality of all and the non-ownership of all? The traditional response t6 this dilemma has been to link the acquisition and use of goods with receiving permission for them from the superior. The underlying purpose of asking permission has been to aid our acting as non- . owners and to help free us from the power that is present in ownership. But it has been difficult for individuals not to compare what they have with what others have and therefore to justify their own acquisition of the same thing or of something else. It has been difficult for a superior to say "no" to one where he has said "yes" to another. Furthermore, critics of the system have pointed out that an adult makes his own decisions and that this practice has often seemed infantile. Also, as superiors so readily grant permission, the require-ment has come to be seen by many as a formality to be gone through or even ignored. It has also been difficult to draw a fine line between what one needs and what one wants. 552 / Review for Religious, Volume 34, 1975/4 In the judgment of this author, in so far as poverty has been linked to ask-ing permission for goods, it has failed--whether one blames the notion itself or the persons who have failed to live it. However, the model of poverty as com-munitarian living does have something to offer us today. The essence of the model is the mutual sharing of material goods in community. It would seem to preclude the private appropriation of goods (personal TVs, personal cars, etc.). It would also seem to preclude the free disposition of one's salary, e.g., the buying of books or equipment, travel, relaxation, or even almsgiving. 2. Poverty as Simplicity of Life- The second model of poverty is that of the frugal life-style or "simplicity of life." This model focuses clearly on poverty as a fact, i.e., material poverty. The spiritual foundation of simplicity of life is that it aids to singularity of pur-pose and locus--namely on the Lord and His work. Nothing else matters that much. This model of poverty is easily linked with the model of poverty as un-ion with the poor. Stated simply, this model of simplicity of life points to the fact that a poor man does not have a lot of material possessions or the free dis-position of a lot of money. The advantage of this model is that it can act as a deterrent or as a negative norm for how we spend our money. Does a poor person have a color TV or is he able to jet across the country, or have a stereo set? How often can the poor person or family afford steak? Lavish spending is seen as an insult to the poor who struggle for their food and their meagre existence. Such spending is also seen to imply contempt for human w~rk and the dignity of man involved in working hard for a day's pay. Also, as with the model of poverty as com-munitarian sharing, this model takes away the sense of power that is involved in the possession of goods and in the lavish disposition of one's finances. The advantage, then, of this model of poverty is that it keeps one mindful of his union with the poor Christ and honest in terms of what he spends. Its primary disadvantage is that it can cause one to be so absorbed in bookkeep-ing and penny-pinching that he loses the perspective of apostolic service. However, there are also other possible disadvantages that can accompany this model. Too great an emphasis on material things can lead to a pharisaism which overlooks the more important poverty of spirit. It can also result in divisiveness and criticism within communities as some will need more things than others to carry out their apostolic work. The particular way of living according to this model would call a person to be continually mindful of how his or her standard of life compares with' the poor. Such things as careful personal and community budgets, economical automobiles, buying articles on s.ale, adjusting budgets to meet emergencies, are evidences of the
Il lavoro è volto a mettere in luce le problematiche connesse all'attività delle imprese multinazionali e alla sussistenza in capo alle stesse di una responsabilità sociale internazionale (RSI). Nell'attuale panorama economico e politico mondiale, caratterizzato dalla globalizzazione e dalla stretta interdipendenza dei mercati, dalla sempre più frequente internazionalizzazione dei processi produttivi e aziendali e dalla contestuale operatività delle società in più Paesi, dalla accresciuta consapevolezza del consumatore circa il rispetto, nei processi produttivi, di istanze ritenuti fondamentali dalla società civile, come i diritti fondamentali dell'uomo e dei lavoratori o la protezione dell'ambiente, l'impresa multinazionale assume un ruolo fondamentale sia nell'indirizzare i trends economici globali (si pensi al fatto che alcune società hanno profitti superiori al PIL di buona parte degli Stati della comunità internazionale); la configurazione di una responsabilità sociale in capo a tali società vuol dire mescolare la libertà di impresa e il libero mercato con l'etica. La necessità di inserire la questione dell'etica negli affari nasce, dunque, dalla convinzione - sempre più diffusa in ambito internazionale e nazionale - che l'attenzione dell'impresa verso le istanze sociali, ambientali ed etiche delle comunità umane costituisca una condizione imprescindibile per uno sviluppo durevole e sostenibile. In tale prospettiva, dunque, il concetto di responsabilità sociale d'impresa richiama le imprese a considerare attentamente - nella definizione della propria strategia, nell'articolazione delle politiche e nelle procedure gestionali quotidiane - gli interessi diffusi della collettività, nonché l'impatto delle proprie attività, non solo in termini economici, ma anche sociali, ambientali ed etici. La responsabilità sociale rappresenta, quindi, per l'impresa uno strumento utile ed efficace per rispondere alle istanze e alle esigenze della società civile. Con la RSI nasce quindi una teoria di impresa che vede la produzione di beni non solo come strumento di profitto ma anche come occasione di realizzazione del benessere sociale; lo stesso operato dell'impresa inizia ad essere valutato globalmente non solo in rapporto ai risultati economici della stessa ma anche in base alla qualità del prodotto, alla qualità dell'ambiente lavorativo e alle istanze ambientali, seconda i dettami di quella scuola di pensiero del cd. business ethics per cui le imprese sono chiamate a compiere azioni che contribuiscano ad eliminare e prevenire le iniquità sociali e a promuovere lo sviluppo della collettività. Tale necessità è stata anche consequenziale a comportamenti ed abusi messi in atto dalle società transnazionali che hanno arrecato gravi danni alle comunità umane degli Stati ospiti delle attività produttive. Gli abusi commessi dalle imprese, non sempre riconducibili a precise violazioni degli ordinamenti nazionali, sono stati progressivamente interpretati e costruiti come violazioni o mancanze nei confronti di un complesso di principi definiti come appartenenti ad una ampia sfera di responsabilità sociale internazionale dell'impresa, che implica la perdita di reputazione e, quindi, la possibile riduzione delle sue quote sul mercato qualora gli stakeholders più interessati riescano a mobilitare l'opinione pubblica su larga scala. Fin dagli anni '70, diverse organizzazioni internazionali hanno iniziato ad occuparsi della regolamentazione dell'attività delle imprese transnazionali, evidenziando il ruolo che le imprese multinazionali sono chiamate a rivestire nei processi di tutela dei diritti umani e dell'ambiente che emergono nello svolgimento delle loro attività economiche; appare evidente come sia basilare, nel piano dell'opera, definire l'impresa multinazionale, analizzando i diversi strumenti adottati dalle organizzazioni internazionali e i contributi dottrinali in materia, alla luce dei quali sembra potersi dire che il carattere di "multinazionalità" o "transnazionalità" è dato dalla presenza di diverse unità operative, dislocate in più Paesi, che si trovano sotto il controllo (azionario o di gestione) di un'unica società holding; tale distinzione tra unità operative si estende fino al profilo giuridico, in quanto le singole consociate sono autonomi soggetti di diritto sottoposti, relativamente ai profili della regolamentazione e della costituzione, all'ordinamento giuridico dello Stato di nazionalità. Ciò spesso comporta che le società scelgano come sede un Paese sulla base della convenienza che ciascuno di essi offre in relazione al trattamento fiscale, al costo della manodopera e delle materie prime, alla regolamentazione in materia di protezione dell'ambiente. Sembra quindi necessario un tentativo di regolamentazione da parte di organismi sovranazionali, a fronte del numero sempre maggiore di imprese operanti in più mercati (più di 80.000 società con circa 900.000 società sussidiarie), al loro peso economico e occupazionale (si stimano circa 80.000.000 di posti di lavoro) e a seguito di numerosi episodi che hanno coinvolto tali imprese dagli anni '70 ad oggi, come nei casi della Drummond o della Del Monte, accusate di gravi repressioni dei diritti sindacali e sociali dei lavoratori, o della Chevron/Texaco e della Union Carbride, responsabili di disastri ambientali tra cui quello di Bophal, in India, fino al caso, recentissimo, del disastro ambientale causato dalla piattaforma Deepwater Horizon al largo delle coste della Florida e della Louisiana tra il 2010 e il 2011, o i casi di violazioni dei diritti umani e commissione di crimini internazionali (arresti arbitrari, torture, violenze sessuali, trattamenti inumani e degradanti), commesse da società transnazionali operanti nel settore estrattivo e minerario in Africa e nel Sud Est Asiatico, commessi direttamente o a mezzo di milizie assoldate per la protezione degli impianti. L'attività delle Organizzazioni internazionali, a partire dagli anni '70, si è focalizzata sul tema; l'OCSE, l'Organizzazione internazionale del lavoro, la Camera di Commercio internazionale hanno adottato in quegli anni raccomandazioni e dichiarazioni rivolte agli Stati membri e alle imprese per l'adesione a certi principi e diritti già sanciti da altri strumenti convenzionali; le Nazioni Unite, prima attraverso l'attività della Commissione sulle imprese multinazionali e poi della Sottocommissione per la protezione e promozione dei diritti umani, si sono occupate della materia, giungendo alla elaborazione di un Codice di condotta per le imprese multinazionali (mai adottato) e di Norme sulla responsabilità delle imprese multinazionali e altre imprese in relazione ai diritti umani, che si affiancano alla partnership pubblico-privata del Global Compact. Ancora, anche altre organizzazioni internazionali, come l'Organizzazione mondiale della sanità, l'OMC, la Banca mondiale, l'International Standard Organisation, hanno adottato atti che invitano le imprese a svolgere la propria attività produttiva nel pieno rispetto dei diritti fondamentali della persona, delle comunità locali e dell'ambiente, e quindi prendendo in considerazione non solo interessi e diritti dei soci ma di tutti i soggetti a vario titolo coinvolti o toccati dall'attività aziendale. In ultimo, è il lavoro del Rappresentante Speciale del Segretario Generale ONU John Ruggie ad elaborare un quadro normativo (denominato Protect, Respect, Remedy) generale relativo al rapporto tra business e diritti umani. La caratteristica degli strumenti analizzati è la loro natura non vincolante, quindi meramente esortativa e ad applicazione volontaria. Tale situazione si ricollega sostanzialmente a due ragioni: la discussa soggettività internazionale delle imprese multinazionali e le opposte visioni dei Governi in materia (con evidenti difformità di vedute tra Paesi in via di sviluppo e Paesi industrializzati). Riguardo alla soggettività delle imprese multinazionali, ovvero lo status di essere titolari di diritti e obblighi nascenti dal diritto internazionale, la dottrina internazionalistica è fortemente divisa. Secondo un primo orientamento, le IMN non sarebbero soggetti di diritto internazionali in quanto sono solo destinatarie di norme, e quindi "oggetto" del diritto internazionale; sarebbero soggette solo alla giurisdizione dello Stato, e vincolate dal diritto internazionale solamente in virtù del richiamo da parte dell'ordinamento giuridico interno. Dagli anni '60, inizia a farsi largo un diverso filone dottrinale che, partendo dal noto parere della Corte internazionale di giustizia Reparations for Injuries, considera l'impresa quale soggetto di diritto internazionale, in virtù di una serie di diritti e obblighi che le vengono attribuiti dal diritto internazionale, soprattutto in materia di investimenti e di contratti internazionali (tra tutti, il diritto di adire un'istanza arbitrale o giurisdizionale a carattere arbitrale). Inoltre, la costante attenzione per l'attività delle IMN da parte delle Organizzazioni internazionali, potrebbe testimoniare la nascente opinio juris di conferire una, seppur limitata, soggettività internazionale alle imprese. Dall'analisi della prassi internazionale si sono tratte conclusioni provvisorie, in particolare che l'impresa, soprattutto nel settore del diritto economico e degli investimenti, possegga una personalità giuridica internazionale limitata e soprattutto derivata dalla volontà degli Stati, ma soprattutto funzionale, poiché contenuta nei limiti stabiliti dal trattato internazionale (BITs) o del contratto internazionale che stabilisce diritti e obblighi per la stessa. Negli ultimi anni anche l'Unione Europea ha iniziato a promuovere una adesione delle imprese ai valori fondamentali dei diritti dell'uomo, dei lavoratori e dello sviluppo sostenibile. A partire dal Libro Verde del 2001, l'UE ha elaborato progressivamente una strategia europea per la responsabilità sociale di impresa, qualificata come adozione spontanea di prassi volte a contribuire al miglioramento della società e alla qualità dell'ambiente. La strategia dell'UE si caratterizza per avere una dimensione sia interna all'impresa, stabilendo una serie di programmi d'azione e l'adozione di sistemi di gestione dei processi produttivi, sia esterna alla stessa, prevedendo il coinvolgimento di comunità locali, partner commerciali, clienti, fornitori, ONG, autorità statali. A tali fini, l'UE lanciò una serie di iniziative, quali i sistemi EMAS e ECOLABEL di certificazione ecologica e di audit ambientale, il Multistakeholders' forum, per formare un quadro giuridico regolamentare in materia di appalti pubblici e sostenibilità ambientale, di tutela del consumatore, di pubblicità ingannevole, nonché l'adozione di codici di condotta settoriali, ispirato ai principi della RSI. L'attività di regolamentazione della RSI ha ricevuto un contributo dalle stesse imprese multinazionali, nel senso di una autoregolamentazione delle proprie attività, attraverso dei codici di condotta autonomamente adottati dalla singola impresa in funzione delle proprie strategie e valori. Tali codici si distinguono nettamente dalle linee guida adottate dalle Organizzazioni internazionali perché in essi l'impresa si fa creatrice e destinataria di norme, create non perché la necessità provenga dal diritto, ma dall'interesse dell'impresa (che, in molti casi, si caratterizza per essere meramente reputazionale). Tali codici, di chiara natura volontaristica, garantiscono il rispetto degli standard di tutela e di promozione dei principi in esso contenuti, stabilendo il più delle volte un meccanismo di monitoraggio e controllo del rispetto delle norme in esso contenute, meccanismo che può essere a carattere interno (gestito quindi da un ufficio interno all'impresa) o a carattere esterno (gestito, il più delle volte, da una ONG o da un sindacato). Infine, la ricerca si conclude con l'analisi dei principali temi che riguardano la RSI negli ultimi anni, ovvero quelli relativi ai profili di responsabilità delle imprese per violazione dei diritti fondamentali e per danni ambientali (con particolare riguardo alla disciplina statunitense contenuta nell'Alien Torts Statute), con particolare riferimento agli obblighi internazionali che incombono sugli Stati attraverso la ricostruzione della prassi internazionale. Inoltre, ulteriore profilo di studio è quello che si concentra sulla possibile estensione della giurisdizione dei tribunali internazionali per crimini internazionali alle persone giuridiche, con particolare riguardo ai lavori preparatori della Conferenza di Roma che ha portato all'istituzione della Corte Penale Internazionale. In conclusione, oggetto della ricerca è stato la ricostruzione del concetto di RSI, il quale è un prodotto degli ordinamenti nazionali ed in particolare degli ordinamenti giuridici degli Stati industrializzati, identificando un framework giuridico che include strumenti normativi di varia natura e in svariati settori, come quelli che disciplinano le società commerciali; le normative nazionali di prevenzione e repressione della corruzione; le normative del settore finanziario ed in particolare quelle sulle borse valori; le discipline a tutela del lavoro, dell'ambiente e del consumatore. Negli Stati più avanzati dal punto di vista economico e istituzionale la RSI, dunque, non è codificata in uno specifico settore regolamentare ma rappresenta un sistema complesso di normative che regolano i diversi aspetti di quelle attività di impresa; nei PVS, invece, tali normative sono spesso frammentarie o addirittura assenti: questa situazione ha permesso alle IMN di avvantaggiarsi dei vuoti legislativi o delle regole stringenti presenti in questi Paesi. Appare evidente come la comunità internazionale abbia constatato la necessità di regolare l'attività delle imprese multinazionali, per la promozione e la protezione dei propri valori fondamentali e di uno sviluppo in un'ottica di sostenibilità ambientale, nell'intenzione di creare un quadro giuridico internazionale che permetta alle imprese di perseguire le proprie finalità aziendali senza perdere di vista le esigenze collettive (in particolare dei Paesi in cui operano). Per raggiungere tale obiettivo, appare inevitabile un'evoluzione del diritto internazionale vigente, i cui processi di formazione, gestiti sostanzialmente dai Governi, non possono non tenere conto dell'accresciuto ruolo e peso delle IMN e della società civile. ; In today's economic and political world characterized by globalization and interdependence of markets, by an increasingly internationalization of production processes and by business operations of the company conducted simultaneously in several countries, by an increased consumer awareness regarding compliance of production processes to values that are considered essential by civil society, as fundamental human rights and labour and environmental protection, MNEs have a fundamental role in addressing the global economic trends. In this perspective, then, the concept of corporate social responsibility attracts companies to consider carefully - in the definition of its strategy and in the articulation of policies and procedures daily management - the various interests of the community, as well as the impact of its activities, not only in economic terms but also in social, environmental and ethical issues. Social responsibility is, therefore, a useful tool for the enterprise and effective way to respond to the needs and demands of civil society.With the CSR arises, therefore, a theory of business that sees the production of goods not only as a means of profit, but also as an opportunity for the realization of social welfare, as dictated bythe school of thought of thebusiness ethics, which invite companies to take action in orderto eliminate and prevent social inequities and promote community development. This need was also consequential to the abusescommitted by transnational corporations that have caused serious damage to human communities of their host countries. Abuses committed by companies, not always related to specific violations of national laws, have been gradually interpreted and constructed as a violation or misconduct against a set of principles defined as belonging to a broad spectrum of social responsibility international, which implies loss of reputation and, therefore, the possible reduction of its share on the market where the key stakeholders concerned can mobilize public opinion on a large scale. Since the 70s, several international organizations have begun to deal with the regulation of transnational corporations, highlighting the role that multinational corporations are called to play in the process of protection of human rights and of the environment that emerge in the course of their economic activity. Is fundamental for the work plan, define the multinational enterprise, by analysing the various instruments adopted by international organizations and doctrinal contributions on the subject, the light of which it seems possible to say that the character of "multinationality" or "transnationality" is the presence of various operating units, located in different countries, which are under the control (equity or management) of a single holding company; the distinction between operational units extends to the legal point of view, as the individual subsidiaries are independent legal entities subject, relatively to the profiles of the regulation and constitution, subjected to the legal system of the State of nationality. It often means that companies choose the host country on the basis of convenience that this country provides in relation to the tax treatment, labour costs and raw materials, to the rules on environmental protection. It therefore seems necessary to attempt to regulate multinational enterprises by supranational bodies, in relation to the increasing number of companies operating in multiple markets (more than 80,000 companies with about 900,000 subsidiaries), to their economic and employment (an estimated 80 million job opportunities) and following several incidents involving such companies from the '70s to today, as in the case of Drummond or Del Monte, accused of severe repression of trade union rights and social rights of workers, or Chevron/ Texaco and Union Carbide, responsible for environmental disasters including that of Bhopal, India, to the case of the environmental disaster caused by the Deepwater Horizon rig off the coast of Florida and Louisiana between 2010 and 2011, or cases of human rights violations and commission of international crimes (arbitrary detention, torture, rape, inhumane and degrading treatment) by transnational corporations operating in the mining industry in Africa and South East Asia, made directly or through the militias hired to the protection of plants. The activities of international organizations, from the 70s, focused on the theme, the OECD, the International Labour Organization, the International Chamber of Commerce adopted in those years, recommendations and declarations addressed to the Member States and the companies for adherence to certain principles and rights already provided by other conventional instruments; also the United Nations, first through the work of the Committee on Multinational Enterprises and then through the subcommittee for the protection and promotion of human rights, have dealt with the matter, coming to the elaboration of a Code of Conduct for Multinational Enterprises (never adopted) and rules on the responsibilities of transnational corporations and other business enterprises with regard to human rights, alongside to the public-private partnership of the Global Compact. Still, other international organizations such as the World Health Organization, the WTO, the World Bank, the International Standards Organization (which as a private nature), have taken actions that invite businesses to carry out its production activities in full respect of fundamental human rights, of local communities needs and of the environment, and then taking into account not only the interests and rights of the shareholders but to all those involved in various ways affected the activity or business. Finally, it is the work of the Special Representative of the UN Secretary-General John Ruggie to develop a framework (called Protect, Respect, Remedy) concerning the relationship between business and human rights. The characteristic of the analysed tools is their non-binding nature, then merely hortatory and voluntary application. This situation is linked mainly to two reasons: the disputed international subjectivity of multinational enterprises and the opposing views of Governments on the subject (with obvious differences of views between developing countries and industrialized countries). Regard to the subjectivity of transnational corporations, or the status of being holders of rights and obligations arising from international law, international legal theory is strongly divided. According to one view, MNEs would not be subject to international law as they are only recipients of rules, and then the "object" of international law would be subject only to the jurisdiction of the state, and bound by international law only by virtue of the reference made by the domestic legal system. Since the '60s, a different doctrinal trend began to make his way starting from the known opinion Reparations for Injuries of the International Court of Justice, and then considering the company as a subject of international law, by virtue of a series of rights and duties which are assigned to it by international law, especially in the field of investment and international contracts (among them, the right to appeal an arbitration tribunal or judicial character arbitration). In addition, the constant attention to the activities of MNEs by international organizations, could witness the nascent opiniojuris to give ainternational subjectivity to businesses, albeit limited. An analysis of international practice have taken provisional findings, in particular that the company, especially in the field of economic law and investment, possesses an international limitedlegal personality and mainly derived from the will of the States, but above all functional, as contained in limits established by international treaty (BITs) or international agreement that establishes rights and obligations for the same. In recent years the European Union has begun to promote adhesion of the companies core values of human rights, labour standards and sustainable development. From the Green Paper of 2001, the EU has developed progressively a European strategy for corporate social responsibility, described as spontaneous adoption of practices to contribute to the improvement of society and the quality of the environment. The EU strategy is characterized by having an internal dimension to the company, establishing a series of action programs and the adoption of management systems, processes, and external to it, calling for the involvement of local communities, commercial partners, customers, suppliers, NGOs, state authorities. To this end, the EU launched a series of initiatives, such as EMAS and Ecolabel certification ecological and environmental audit, the multi-stakeholder forum, to form a legal framework to regulate public procurement and environmental sustainability, protection of consumer, misleading advertising, and the adoption of sectorial codes of conduct based on the principles of CSR. The regulatory activities of CSR has received a grant from the multinational enterprises themselves, in the sense of a self-regulation of their activities, through codes of conduct adopted by each company independently according to their own strategies and values. These codes can be clearly distinguished from the guidelines adopted by international organizations because in them the company is the creator and recipient of rules, created not because the need comes from the law, but by the company (which, in many cases, characterized by being merely reputational). These codes, clearly voluntary, ensure compliance with standards for the protection and promotion of the principles contained therein, setting most of the time a mechanism for monitoring and enforcement of the rules it contains, a mechanism that may be internal character (then managed by an office inside the company) or external character (managed, in most cases, an NGO, or a trade union). Finally, the research concludes with an analysis of the main issues concerning CSR in recent years, namely those related to the profiles of corporate responsibility for violation of fundamental rights and environmental damage (especially with regard to U.S. regulations contained in the Alien Tort Statute), with particular reference to international obligations on states through the reconstruction of the international practice. In addition, further study is to profile that focuses on the possible extension of the jurisdiction of international tribunals for crimes under international law to legal persons, with particular reference to the drafting history of the Rome Conference that led to the establishment of the International Criminal Court. In conclusion, the object of the research was the reconstruction of the concept of CSR, which is a product of national law and in particular the legal systems of the industrialized countries, identifying a legal framework that includes legal instruments of various types and in various sectors, such as those governing commercial companies, national regulations for the prevention and combating of corruption; regulations of the financial sector and in particular those on stock exchanges; disciplines to protect labour, the environment and the consumer. In the most advanced in terms of economic and institutional CSR, therefore, is not encoded in a specific sector regulation but it is a complex system of regulations governing various aspects of the business activities, in developing countries, however, these rules are often fragmentary or even absent: this situation has allowed MNCs to take advantage of loopholes in the law or stringent rules present in these countries. It is evident that the international community has identified the need to regulate the activities of multinational enterprises, for the promotion and protection of its fundamental values and development in a sustainable environment, with the intention to create an international legal framework that allows companies to pursue their own business purposes without losing sight of the collective needs (in particular in the countries in which they operate). To achieve this goal, it is inevitable evolution of international law, whose formation processes, managed largely by governments, cannot fail to take into account the increased role and weight of MNEs and civil society. ; Dottorato di ricerca in Persona, impresa e lavoro: dal diritto interno a quello internazionale (XXV ciclo)
In mid-2014, the Government of Ukraine (GoU) requested technical assistance and financial support from the inter¬national community to assess and plan priority recovery and peacebuilding efforts in the conflict-affected regions of eastern Ukraine. Following these requests, and within the framework of the 2008 Joint Declaration on Post-Crisis Assessments and Recovery Planning, the EU, UN, and WBG agreed to support the government in undertaking a Recovery and Peacebuilding Assessment (RPA). This assessment follows the Post-Conflict Needs Assessment (PCNA) methodology. In view of the continuing conflict in eastern Ukraine, it was decided to undertake an initial rapid assess¬ment as a first phase of activity, which would provide an analytical and programmatic baseline for recovery efforts to inform urgent interventions and provide a basis for scaling up recovery plan¬ning and responses as the situation and needs evolve on the ground. This report summarizes the findings and recommendations of the first phase of the RPA, which was undertaken in the period November 2014 to February 2015. In light of the dynamic and fluid nature of the situation in eastern Ukraine, these findings should be considered as a snapshot in time. In particular, the assessment of infrastructure damage is limited to the damage that occurred on or before November 2014. Furthermore, the number of registered internally displaced persons (IDPs), utilized as a reference to estimate the needs of this affected population, corresponds to the official government estimates as of February 2015.
This strategic environmental assessment (SEA) is a technical piece intended to assist in the current and future identification of priority industrial pollutants and economic instruments to minimize industrial waste. This industrial sector SEA is one of six pieces of technical support envisioned by the Himachal Pradesh (HP) inclusive green growth (IGG) development policy loan (DPL) to fill knowledge gaps and strengthen operational success of the DPL. The DPL acknowledges that industrial development is an important economic driver within HP, and that such development must be consistent with maintaining the integrity of other natural resource assets on which human health depend. The general objectives of the SEA study are: (i) to assist in identification of priority pollutants and industries; (ii) to review existing institutional structures that address these pollutants; (iii) to identify and recommend potential reform options through the introduction of new policy approaches; and (iv) to identify complementary institutional support necessary to implement such a program. The SEA was undertaken from April to December 2013 based on secondary data collection, existing literature, various consultative meetings with key stakeholders, and diagnostic analyses of this information. The purpose of the consultations was to discuss the findings, issues, and preliminary directions suggested by the desk reviews, and to initiate a work plan for amassing additional information. The SEA has included participatory approaches to ensure that presented policy changes are designed and implemented in a way that is responsive to the different segments of HP society. This report is presented in three parts. Part one forms a foundation for focusing subsequent diagnostic work by providing more extensive detail on the institutional context, pollution situation, health and environmental linkages, and opportunities for using economic instruments. Part two performs additional diagnostic analyses to inform the core recommendations relating to options for new economic instruments, institutional reforms, and capacity building; these recommendations are presented in part three.
As part of its Global Policy Initiative, Consultative Group to Assist the Poor (CGAP) partnered with the Superintendence of Banks, Insurance and AFPs of Peru in late 2008, with the purpose of enhancing the understanding of the issues and trends in consumer relations when financial services are delivered through branchless banking, particularly through agents, which are used in ever increasing scale in Peru. The product was this joint report. Three other countries with relevant experience in branchless banking (Kenya, Brazil and India) participated in a similar exercise at approximately the same time. As in the case of Peru, the exercise gave an opportunity for regulators of each jurisdiction to look at their regulatory and institutional framework for protecting branchless banking users, evaluate their regulatory and supervisory actions, and identify areas for improvements. A forthcoming CGAP focus note complements the effort, by making an overall evaluation of the lessons learned in these countries and drawing on the knowledge from other pioneer countries such as South Africa, Mexico, Colombia and the Philippines. The focus note will point out and address priority areas of concern and possible regulatory and policy options to address them. The first part of the report outlines the financial inclusion efforts currently being undertaken by the Superintendence. The following section summarizes the most important points of the legal and regulatory framework for financial consumer protection, pointing out any specificity of branchless banking. The third part describes the branchless banking business in Peru and describes the issues and problems identified in the relationship between branchless banking clients and providers, and the supervisory and enforcement implications. The last section draws conclusions and makes recommendations for achieving a balance between openness to innovation and protection in a branchless banking environment.
The operations policy on Development Policy Lending (DPL), approved by the Board in August 2004, requires that the Bank systematically analyze whether specific country policies supported by an operation are likely to have "significant effects" on the country's environment, forests, and other natural resources. The implicit objective behind this requirement is to ensure that there is adequate capacity in the country to deal with adverse effects on the environment, forests, and other natural resources that the policies could trigger, even at the program design stage. DPL operations are associated with a whole array of policies such as macro policy reforms, fiscal policies, and specific sectoral policies, particularly in key sectors such as agriculture, health and education, energy, etc. In some cases, the operation may deal directly with reforms in certain environmentally sensitive sectors such as energy, transport, water and sanitation, agriculture, and forestry. In these cases, there is an obvious need for careful analysis of environmental, natural resource, and forestry impacts. In other cases, such as public sector reform and governance, there is less potential for likely significant impacts on the natural environment and natural resources. The toolkit is designed to be concise and user-friendly. It consists of three specific modules. The first module identifies relevant transmission channels through which the proposed reform would have a likely effect on the identified environmental, forest, and other natural resource priorities. The second module provides assistance in identifying key environmental issues in the country, regions, or sectors likely to be influenced by the DPL program. The third module presents different tools and methodologies for rapid assessment of the likely significant effects of each reform.