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Issue 35.2 of the Review for Religious, 1976. ; REVIEW FOR RELIGIOUS IS edited by faculty members of St Louis Umvers~ty, the editorial offices being located at 612 Humboldt Building, 539 North Grand Boule-vard; St. Louis, Missouri 63103. It is owned by the Missouri Province Educational Institute; St. Louis, Missouri. Published bimonthly and copyright (~) 1976 by REVIEW FOR RELIGIOUS. Composed, printed, and manufactured in U.S.A. Second class postage paid at St. Louis, Missouri. Single copies: $2.00. Subscription U.S.A. and Canada: $7.00 a year; $13.00 for two years; other countries, $8.00 a year, $15.00 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 FOR RELIGIOUS in U.S.A. currency only. Pay no money to persons claiming to represent REVIEW FOR 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. Jean Read Editor Associate Editor Questions and Answers Editor Assistant Editor March 1976 Volume 35 Number 2 Renewals, new subscriptions, and changes of address should be sent to Review for Religious; P.O. Box 6070; Duluth, Minnesota 55802. Correspondence with the editor and the associate editor together with manuscripts and books for review should be sent to Review for Religious; 612 Humboldt Building; 539 North Grand Boulevard; St. Louis, Missouri 63103. Questions for answering should be sent to Joseph F. Gallen, S.J.; St. Joseph's College; City Avenue at 54th Street; Philadelphia, Pennsyl-vania 19131. Mary, Model of the Church Paul VI December 8, 1975, marked not only the solemnity of the Immaculate Conception but also the tenth anniversary of the conclusion of the Second Vatican Council. This is the text of the Pope's homily in St. Peter's on that occasion.* Venerable Brothers and Beloved Sons! and all of you, special guests at this pious ceremony, Teachers, Research workers and Students of the Pontifical Roman Universities, you P~upils in our seminaries, you Members of the Ecclesiastical and Religious Colleges of the City, or associhtes of the Secular Institutes. And you, beloved Daughters in Christ, Religious, Novices, Probationers and Pupils of the Houses of formation for women in Rome. And then you, too, our Roman faithful, and you pilgrims of the Holy Year and visitors to this holy City. And finally you (we wish to gather everyone in the multiple value of the rite we are celebrating), you, we say, former members and protagonists 'of the Second Ecumenical Vatican Council, convened here to commemo-rate with us the tenth anniversary, which falls today, of those great ec-clesiastical sessions! Listen to us, all of you! and let us invite you to a moment of contem-plation, spiritual and almost visual, as if the appearance of her whose ex-traordinary feast we are celebrating today were present in the background of this Basilica, as if-hovering in the unique splendour, proper to herself (even if reflected from the divine source of light); and we were to see her with the prophetic eyes of the evangelist of the Apocalypse: *Abstracted from Osservatore Romano, 12/18/75, pp. 6-7. 161 162 / Review [or Religious, Volume 35, 1976/2 Behold! "A great portent appeared in heaven, a woman clothed with the sun, with the moon under her feet, and on her head a crown of twelve stars" (Apoc 12, 1; cf. Cant 6, 4 ft.). What is it? Who is it? We are amazed and absorbed by the Bible vision; and in our dazzled astonishment we lose the sense of reality. We do not forgo expressing as best we can the value of that mysterious image; and without continuing, for the present, with the scene in the Apocalypse, we are satisfied to know the double name that has been superimposed on that heavenly figure by the masters of Holy Scripture, as if exclaiming, in an-swer to our anxious curiosity: it is Mary, it is Mary, that Woman clothed with the sun, with the moon under her feet, and the mysterious crown of stars on her head! It is the Church, it is the Church! the scholars inform us, studying the secrets of the figurative and symbolical language of the world of the Apocalypse. Perhaps they are right. As for us, we are happy to honour Mary and the Church, the first the Mother of Christ in the flesh; the second the .Mother of his Mystical Body, and she herself part of that Mystical Body. All Brothers and Sons! For a moment let us fix our thought, dazzled and happy, on the first meaning of the bewildering vision; and let us say to ourselves, with the intention of celebrating the mystery of the Immaculate Conception: that is what Mary is like! Her aspect is heavenly and tri-umphal~ but if closely observed, it is that of a Woman "humble and lofty more than a creature" (Par 33, 2). So humble, in fact, that she banishes all our respectful trepidation (cf. Lk 1, 48), and almost invites us to see in her a beloved Sister. At the very moment that we dare to address to her a trusting word, no other words come to our lips than those of the Gospel: Blessed art thou! (Lk 1, 45 and 48). Yes, blessed! And for how many reasons! One among the many we are celebrating today, and we would like to put it at the peak of our devotion to Mary: her Immaculate Conception! That is, God's preferential thought for this creature of his; the intention to 'see in her again the original innocence of a being conceived "in the. image and likeness" of himself, God (Gen 1, 26-27), not disturbed, not contaminated by any stain, by any imperfection, as are all the children Of Eve, all mankind, except Christ and except her, the Blessed Virgin. An idea; a divine dream] a masterpiece of human beauty, not sought in the formal model only, but realized in the intrinsic and incomparable capacity of ex-pressing the Spirit in the flesh, the divine likenes~ in the human countenance, invisible Beauty in the physical figure. Mary, All Beauty Tota pulchra es, Maria.t You are beauty, real, pure, holy beauty, oh Mary! This should be the real and ideal image of the Blessed Virgin, re-flected, luminous and illuminating, in Our individual souls, today, oh Faith- Mary, Model o] the Church / 163 ful; as the synthesis of our admiration and devotion to the Blessed Virgin, whose feast, eminently theological and eminently ecclesial, we are celebrat-ing. Theological, because we deduce it from revelation and from the most vigilant and loving reflection, with which the most candid and virginal piety dared, certainly with her assistance, to fix an enraptured and exPloring gaze on her pure, humble face, the perfect face of sacred and human beauty~ Ecclesial, because from being a mirror of divine perfection, speculum iusti-tiae, she offers herself to us as a mirror of human perfection, in which the Church, venerating the Blessed Virgin, "joyfully contemplates, as in a faultless model (it is the Council speaking; Sacr. Cone., n. 103), that which she herself wholly desires and hopes to be"; a nuptial beauty which St. Paul, as we all remember, describes in a stupendous way: "in all its splen-dour, without spot or wrinkle, or any such thing, that she might be holy and without blemish" (Eph 5, 27). The Church's holiness, in its state of becoming, has its model, its "typus" in Mary, as St. Ambrose will say (in Lucam, II-7), and St. Augustine will comment: "figuram in se sanctae Ecclesiae demonstravit" (De Symbolo, I; P.L. 40, 661), Mary represented in herself the figure of the Holy Church. ¯ A model, a specimen, an ideal figure of the Church; is that enough? The theological truth goes further, and enters the frontiers of that subordinate causality, which in the divine plan of salvation inseparably associates the creature, Mary, the Handmaid of the "Fiat," with the mystery of the In-carnation, and makes her,: St. Irenaeus writes, "a cause of,this salvation for herself and for the whole of mankind" (Adv. haereses, III, 22, 4). "Mother of the Church" We will rejoice, then, to have in St. Augustine the conclusion which at the end of the III section of the Council we made our own, explicitly recog-nizing the unquestionable right of the Blessed Virgin to the title of "Mother of the Church." If, in fact, Mary is the mother of Christ in the flesh, and Christ is the head of the Church, his Mystical Body, Mary' is spiritually the Mother of this Body, to which she herself belongs, at an eminent level, as daughter and sister (cf. St. Augustine, de Sancta Virginitate, V and VI; P, L. 40, 339; and cf, H. De Lubac, Mdd. sur l'Eglise, c. IX) . To you, Teachers, Research workers and Students of our Rbman Uniz versities; to you, young Seminarian~, to you, Religious men and women, goes particularly a cry from our heart: love, invoke and imitate Mary Immaculate, the Mother of Christ and the Mother of the Ctiurch, and make good use, for the present and for future generations, of the treasure of wisdom that the second Vatican Ecumenical Council was and is. The Spirit Speaks: When and How? Thomas Dubay, S.M. Father Dubay, a frequent contributor to our journal, is engaged full time in lecturing and writing in the area of religious life. His home address is: Marist Seminary; 220 Taylor Street, N.E.; Washington, DC 20017 "Speak, Lord, for your servant is listening" (1 Kgs 3:10). ¯ One need not emphasize the point that a vibrant sector of Christian life at this point of history is the sector of the Spirit, the Holy Spirit. The charismatic renewal has been promoting with no little success a whole life-style patterned on and growing out of a program centered in the Spirit's activity in the midst of God's people. This renewal is by no means restricted to "the release of the Spirit'? or the gift of tongues or the healing ministry. It is felt that the Holy Spirit is speaking today not only to saints but to sinners, not only to officialdom but to the lowly placed. To some considerable extent, but not with an entire coincidence with the charismatic movement, the Spirit movement' has been prominent in renewal efforts carried on in religious life. Books, articles, lectures, chapter documents often refer to the Holy Spirit, especially under the rubric of openness to Him, listening to Him. The central thrust here is not so much prayer experience, speaking in tongues or engaging in a healing ministry as it is in detecting what God is saying to us, both to the individual and to the community. This thrust toward listening to the Spirit is readily noted in the popularity of discernment methods, techniques, processes~ Although one begins to sense an incipient, weariness with discernment talk, the interest remains noteworthy. The reality surely is of crucial importance in an age struggling to find the mind of God and to read the signs of the times. If God does speak to His people--and Scripture insists that He does--it can never be unimportant to listen. 164 The Spirit Speaks: When and How? / 165 An Anomalous Situation But this ."listening" is where .our problems begin, problems that press for solution. Before we can intelligently explain how one listens to the indwell-ing God, we should first understand something of how He speaks. The literature of our day, issuing both from the charismatic renewal and from religious life circles, says almost nothing on this subject. As a matter of fact, I must. candidly add that while speculative theologians often refer to the activity of the Holy Spirit in the Church, they seldom discuss how He acts and enlightens the individual through a personal contact. They do, of course, rightly point out that God speaks to His people through Scripture and through the representatives He has established in His Church: "he who hears you, hears Me" (Lk 10:16).1 But this is not the question at hand. People both in the Pentecostal movement and in religious life have in mind a personal (individual and!or communal) encounter with the Holy Spirit, and in this encounter they "listen to Him." Our situation, therefore, is odd. On the one hand many persons rou-tinely speak of "listening to the Spirit" as though He were as familiar as a friend speaking over one's right shoulder. Yet on the other hand almost no one explains how He speaks--even though we all know He does not speak in sound waves. Nor are we told how one can be so sure it is the Spirit speaking. Until we provide satisfactory answers to the question, "How does the Spirit speak?" we are left with some embarrassing problems. How can anyone be so sure he is listening to the Spirit and not to his own desires? We hardly need to debate the observation of Aldous Huxley: "The untutored egoist merely wants. Give him a religious education, and it becomes obvious to him, it becomes axiomatic, that what he wants is what God wants.'"-' Does God speak in diverse ways? If He does, how can we know the differences? What are we to think of,serious and sincere people who are convinced that they are receiving special messages from the Holy Spirit? Is good will enough to insure "listening to the Spirit"? Who Can Answer Our Questions? If it is true that the popular and theological literature on the con-temporary scene seldom discusses the title questign of this article, one may rightly wonder who can answer it? I know of two sources: Scripture and the mystics? We shall in this article explore both of these sources that we may discover on solid grounds when and how the Holy Spirit speaks in our own day. ~See also Jn 13:20; Jn 21:15-17; Lk 22:31-32; Tt 1:7; 1 Tm 3:15; 2Tin 3:14-16 and many other like texts. ~The Devils o] Loudun, p. 18. ZBy "mystics" here I do not refer to the recipients of extraordinary phenomena such as levitation or the stigmata. The word in Catholic theology indicates those men and women who have a deep experiential encounter with God. 166 / Review Jor Religious, Volume 35, 1976/2 Scripture on the Experience og God ~ ~ We may acknowledge at the outset~ ~that the Lord God did speak to select representatives in biblical times~ and in :extraordinary ways (Heb l:l ). However, we shall not be primarily concerned here with the divine messages addressed to public personages, to a Moses or to a Paul. Rather we shall direct our attention to the usual, frequent, routine ways God speaks to the inner heart of anyone close to Him. Our tasks will be three: a) Introductory observations b) What does one experience when he experiences God? c) Implications of the .biblical account. When we complete our biblical study, we shall~ investigate the mystics' message. They have a great deal to say about listening to God: when and how it happens and does not happen. a) Introductory observations Just what is experience? We use the word constantly both in popular speech and in scholarly articles, but seldom does .anyone .suggest its mean-ing. The best synonym I can think of is awareness, Without awareness one cannot experience. A genuine experience is an awareness of something, even if that awareness focuses on one's self. An illusory experience is subjectively real but it has no objective correlative. Experience for human being .implies a passivity, a being affected by the object (tapioca, .coldness). In sensory experiences affectivity (pleasant, unpleasant, cold-hot, smooth-rough, sweet-sour) predominates over knowl-edge, whereas in intellectual experience the cognitive and the affective are closer to,.being equal partners because they more intimately interpenetrate each other. - Although it is obvious on ~a moment's reflection that ,19od cannot be experienced as though He were a material object somehow palpable, some seem to assume that He must be absent if.He does not manifest His pres-ence in human ways. He is God, and we should be .content to allow Him to operate in a divine manner. We may speak of an experience-of-God continuum tl~at runs from reasoned conclusions about Him (the weak. end of the continuum or spec-trum) ~,to the face'to,face vision of Him in. glory (the strong end). In be-tween we can locate the poetic, ,artistic and infused mystical experi~n(es, In this article I shall be concerned chiefly with the last, the divinely originated, mystical encounters with our God revealed in Christ. We need to emphasize that the experience of which we speak here comes from God, not from what we do or feel or will. It is not our idea which we like and and then baptize as being His idea. When God speaks, it is God who speaks. b) What does one experience when he experiences God? ~ Divine ~xperience is not one sole awareness. The reality is rich and is expressed in many ways, each of which brings out an element or emphasis found in the whole. I wiil distinguish and number these elements not to The Spirit Speaks: When and How? / 167 separate them but to clarify the richness. Our usual human way of under-standing is through concepts ,and distinctions. One who is impatient with reasonable distinctions does not understand that he could not utter his sentence of objection except by distinguishing each word of it from every other word. In what follows, however, we must understand that the reality is not a series of chopped up pieces but a flowing whole of diverse strands and richness. 1) PRESENCE-AWARENESS. The experience oLGod includes an aware-ness, a sense of His divine presence. One is aware that God is with him, be-fore him, at his'right hand (Ps 16:8). The Holy Spirit is given to "be with" the disciple of the Lord (Jn 14:15-17), and Jesus' name is Emmanuel, God-with-us (Mt 1:23). He promises to be with His disciples all days, even to the end of the world (Mt 28:20). One who loves possesses an abiding presence of God within himself (I Jn 4:16). We shall see further on how the mystics elaborate on this presence-awareness. 2) ~ SPIRITUAL AWARENESS: SENSE-LIKE BUT NOT SENSE-LIKE. Because God is purest Spirit no .one can attain Him through sense knowledge. Yet Scripture is not reluctant to use sense knowing to bring out the reality and richness of a divine-human encounter. We are to taste and see for ourselves the goodness of God (Ps 23:8). Jeremiah felt an inner touch, a burning in his being (Jer 20:9). Paul speaks of the fragrance of Jesus' offering (Eph 5:2). The Song of Songs refers to the hearing of a voice (Song 2:14). The mystics repeatedly refer to the five senses to explain a deep meeting with God. St.-Augustine,~offers a classical example when in the Conjessions he brilliantly denies that a profound experience of,God is sense-like but then immediately turns around and affirms that there is a sense-likeness in it: ~' Not with doubtful but with sure knowledge do 1 love you, O Lord. By your Word you have transfixed hay heart, and I have loved you . What is it then that I love when I love you?'Not bodily beauty, and not temporal glory, 'not the clear shining light, lovely as it is to our eyes, not the sweet melodies of 0many-moded songs, not the soft smell of flowers and: ointments, and per-fumes, not manna and honey, not limbs made for the body's embrace, not these do I love when I love my God. Yet 1 do love a certain light, a certain voice, a certain odor, a certain food, a certain embrace when I love my God: a light, a voice, an odor, a food, an embrace for the man within me, where his light, which no place can contain, floods into my soul; where he utters words~that time does not speed away; where he sends forth an aroma that no wind can scatter; where he provides food that no eating can lessen; where he so clings that satiety does not sunder us. This is what I love when I love my God.4 St. John of the Cross at one time uses music to suggest how a person can "hear" God in His creation: "Creatures will be for the soul a-harmonious 4Con[essions, Ryan translation, Image edition, Bk 10, c. 6. 168 / Review for Religious, Volume 35, 1976/2 symphony of sublime music surpassing all concerts . She calls this music 'silent' because it is tranquil and quiet . There is in it the sweetness of music and the quietude of silence.'''~ At another~ time the saint describes the experience of God as a fragrance: "Sometimes the fragrance is so abundant that it seems to the soul she is clothed with delight and bathed in inestimable glory.'''~ While both the biblical writers and the. later mystics know well that God is infinitely beyond our realm of sensation, yet they speak in this fashion in order to bring out the reality of the experience of God and the richness of it. 3) NEW K.NOWINO, D.IVINE AND DARK. When one advances into a depth relationship with God he grows in knowing his Lord without knowing how he knows. He perceives this hidden God in darkness (Is 45:15), and yet the Son manifests Himself to the person who loves and keeps His word (Jn 14:21). The Father, says St. Paul, radiates in our minds His own glory, the glory that shines on the face of Jesus (2 Co 4:6). Angela of Foligno observed that the more the supreme Good is seen in darkness the more does one know He surpasses all goods~ Listening to the Spirit, there-fore, does not usually mean listening to a clear message. God does not dictate idle details about one's friends, family, enemies, oneself. The man or woman listening to the Holy Spirit is learning most of all about the three divine persons, darkly beautiful. 4) YEARNING FOR GOD. God often speaks a thirsting for Himself into the human person. It is a thirsting that purifies the recipient for deeper union and love, a thirsting that widens capacity and "bestows humilityi The psalmist seeks and thirsts like parched earth (Ps 63:1) or like the deer panting after the running waters (P~ 42:1-2). Isaiah longs for his Lord and keeps vigil for Him through the night (Is 26:8-9). St. Augustine sighs for God day and night,r All available evidence indicates that the Holy Spirit communicates this divine thirst far more frequently than He does concrete messages that satisfy curious eyes and itching ears. God. has nothing better to say than Himself. That is why in the incarnation the Father spoke His Word into the world of human flesh. When one listens to the Father, he hears mostly the Son. 5) PEACE AND COMFORTING. Our God is a healing God, a God who l(~ves and therefore comforts us in~ all our sorrows (2 Co 1:3-4), a God who gives a peace that surpasses understanding (Ph 4:7), a G~)d who re-freshes the wearied soul and gives rest (Jr 31 ~25-26; Mt 11:28). While our own selfishness begets conflict and factions (Ga 5:19-21), what the Spirit r'Spiritual .Canticle, Stanzas 14-15, #25; I am using here The Collected Works o[ St, John o] the Cross, translated by Kieran Kavan~augh, O.C;D. and Otilio Rodriguez, O.C.D., New York, 1964, p. 472. ~lbid., Stanza 17, #7; p. 480. rConfessions, Bk 7, c. 10. The Spirit Speaks." When and How? / 169 brings.is very different: love, peace, harmony. (Ga 5:22). The Hebrew shalom was not a mere absence of conflict. It implied a fullness, a rich integrity, something akin to our word, prosperity. God speaks peace, shalom, to his people. His word makes individuals and communities inte-gral, whole, loving. 6) INPOURED LOVE. The divine gift par excellence is love: "the love of God is poured into our hearts by the Holy Spirit who has been given to us." (Rm 5:5) Those who divide the community into factions, who disregard their leaders are not listening to the Spirit who brings unity (1 Co 12:12-13; Ep 4:3-6) and an obedience to those overseers whom he Himself has placed to rule the Church of God (Ac 20:28). This love is a sign of the genuine disciple, one who loves as the Lord Himself loves (Jn 13:34-35). The Spirit speaks love (Ga 5:22). 7) UNION-POSSESSION-BURNING. This love of the Holy Spirit centers especially.on the three divine persons and it grows to a point where it can overwhelm one (2 Co 5: 14). It.can make one's heart.burn: "there seemed-to be a fire burning in my heart, imprisoned in my bones," said Jeremiah. "The effort to restrain it wearied me, I could not bear it." (Jr 20:9) The disciples on the road to Emmaus felt this burning as they listened to the word of the risen Kyrios (Lk 24:32), and the mystics commonly speak of it. Augustine~could write of being set. on fire for God by the psalms and of burning to repeat them.s Further on he declared that love was his gravity: "By your gift we are enkindled, and we are borne upwards. We glow with inward fire, and we go on. We asc(nd steps within the heart, and we sing a gradual psalm. By Your fire, by. Your good fire, we glow with inward fire:'''~ St. John of the Cross could speak simply of the perfect "who burn gently in God.''1" Once again we emphasize that when God speaks it is not a narration of idle details that satisfy curious expectations. God mostly speaks love. ~ 8) BEAUTY OF GOD AND JOY IN HIM. The experience of God is a growing perception of His goodness and beauty. We are to taste and see for ourselves how good He is (Ps 34:8). The one thing, the top-priority sought by the psalmist is to°dwell in the Lord's house all the days Of his life and thus to "gaze on the beauty of the Lord" (Ps 27:4). Augustine puts this in his own inimitable language: "All things are beautiful because You made them, but You who made all things are inexpressibly more beautiful . Too late have I loved You, O Beauty so ancient and so new, too late have I loved You!TM Our joy is to become so deep that it is radiant (Ps 34:5), complete (Jn 15:11), unending (Jn 16:22),.always and every- 81bid., Bk 9, c. 4. '°1bid., Bk 13, c. 9. 1°Dark Night of the Soul, Bk 2, c. 20, :~4; p. 337. 11Confessions, Bk 13, c. 20 and Bk 10, c. 27. 170 / Review ]or Religious, Volume 35, 1976/2 where (Ph 4:4), beyond description (I P 1:8). This, too, the Bishop of Hippo heard from the indwelling Lord: ",Sometimes You admit me," he said, "in my innermost being into a most extraordinary affection, mounting within me to an indescribable delight, If this is perfected in me, it will be something, I know not what, that will not belong to this slife.''r-' This'is what the Lord God especially speaks, and this is what they hear who deeply listen. 9) POWER, STRENGTH, FREEDOM. God speaks 'not only words but power itself.-It would seem correct to say that worded communications from Him are~comparatively rare, while bestowals of power and freedom . are comm.on, common that is to people who are mature in prayer. Paul came to the Corinthians not with human philosophy but with the power of God (1 Co 2:5). He explains that God,s kingdom.does not consist only of words--it~is power (1 Co 4:20). The apostle himself experiences "an overwhelming power" from the Father (2 Co 4:7). All he wants to know is Christ and the power of His resurrection (Ph 3:10). This power is a liberating dynamism: "Where the Spirit of the Lord is there is freedom" (2 Co 3:|7). c) Implications of the biblical account. Perhaps the most striking note of this New Testament picture of how God speaks is that He does not ordinarily speak specifics. It is true that public persons or those closely related to them do occasionally receive particularized directions. This is true, for example, of Peter (Ac 10:9-16), Cornelius (Ac 1'0:3-6), the "Council of Jerusalem" (Ac 15:28), Paul (Ac 9:3-6: Ga 2:2; 2 Co 12:8-9), Ananias (Ac 9:10-16). In the Christic economy when specific divine messages are given, they must be submitted to human authorities. This has long been the practice of spiritual directors and it is rooted in revelation itself. Even St~ Paul sought the .approval of the "leading men" in Jerusalem for the mission he had received directly from the risen Jesus (Ga 2:2, 6, 10). The New Testament gives no. com-fort to visionaries who deem themselves exempt from any structural guidance. What God usually does speak to the ordinary person is inner trans-formation. He speaks goodness in a general manner. He speaks his pres-ence ~. spiritual awareness., divine-dark knowing of himself., yearn-ing for his presence . . . peace and comfort . . , inpoured love . . . union-possession- burning., beauty and joy . . . power and freedom. This may come as a ,surprise to devotees of private revelations~ but it does not surprise experienced spiritual directors. Those who listen to God most genuinely are not those who believe they have received many detailed messages, but rather those whose minds have been fillhd with everything true, noble, good, pure, virtuous, worthy of praise (Ph 4:8). r"Ibid,, Bk 10, c. 40. The Spirit Speaks: When and How? / 171 Further Development, s: St. ~Iohn of the Cross While Sacred Scripture is rich in its variegated ways of dealing with the experience of God, it does leave, us with the need to unfold the richness further. We ,may therefore ask several qi~estions. Does the Holy Spirit speak in varying degrees of intensity? If so, what are they like? Does He add His own peculiar light to our human reasonings and searchings? If so, how does this happen? Can we know when it .happens? Is it possible to be mistaken regarding a genuine communication from ,13od? Were the saints ever mistaken? What does one do if he thinks (or is even convinced) that God has enlightened him in some specific way? In looking through a considerfible amount of the literature produced on these questions rI can think of no one more competent to respond to our questions than St. John of the Cross. That this Carmelite saint experienced the deepest, most magnificent encounters with the ,living God is beyond debate. If anyone~ has known what knowledge through infused love is all about, John has. If anyone has been capable of analyzing and synthesizing the sundry, elements in the experience of God:in all their varieties and de-grees, John has. If any mere man or woman has listened to the Spirit, John has. We shall, therefore, take this theologian of mysticism as our guide. In an area in which the Spirit-structure tension in the Church occupies center stage we need a master. "' Types of Communication God does not speak to,man as man speaks to man. He speaks as God; and consequently we should be wary Of our preconceived ideas as to how the communication ought to be carried: off. Moreover, He does not speak in one way only. Nor should we assume that His speaking is always unmis-takable: The indwelling God leads us into all truth (Jn 14:26; 16:13) in diverse ways and degrees. St. John.~of the Cross discusses these ways and degrees under the caption of what he calls supernatural locutions.13 It seems to me that this expression, "supernatural ,locution," is equivalent to what we mean in saying that the Holy Spirit speaks to us. John's'"locution" is a type of "apprehension," a knowing.It is a type that is "produced in the souls of spiritual persons without the use of :the bodily senses as means."14~,These are not sensory orqmaginary visions. They are "produced," that is, received from God. One does not originate the locution. God speaks and enlightens. Man receives. The saint reduces the many ways in which God speaks to three types. There are, in order of ascending value (and using the saint's terminology), a.~See Ascent o] Mt Carmel, Bk 2, cc. 28-31. 141bid., c. 28; p. 203. 172 / Review ]or Religious, Volume 35, 1976/2 successive locutions, formal locutions and substantial locutions. I will speak of them in my own language as well as John's. a) Assisting enlightenment (successive locutions). This .first type of divine speaking always occurs when one is "recollected and attentively absorbed" in some thought process. The.,enlightenment al-ways concerns the subject on which one is meditating?~' During this time, says John, the person is united with the truth and with 'the Holy Spirit who is in every truth, and yet he is thinking, reasoning in the usual, human man-ner. The Spirit aids him in forming his concepts and judgments. There is so great a clarity and ease in this activity thatqt seems another is teaching him, as indeed is the case. In this communion with :the. indwelling Spirit about a particular matter the person goes on to "form interiorly and suc-cessively other truths.''1' John supposes that this enlightenment occurs dur-ing prayer, that is, while one "is '!recollected" and "communing with the. divine Spirit?' It seems, therefore, that this type of speaking does not usually occur in dialogue sessions but in the midst of prayerful communion. The recipient of this assisting enlightenment "is unable to believe" that it originates with himself, but he has the awareness that it derives from another. And yet the knowledge received (it cannot be. attained by personal industry) is so delicate that the natural intellect by its own activity "easily disturbs and undoes" it.lr This point is important. Even when God does speak in this manner, he does not exclude our human activities with all their limitations, preconceptions, biases, errors. Even when he enlightens, he' permits men and women to be what they as a matter of fact are, fallen men and women--redeemed, yes, but still wounded and. deficient. We may conclude that this assisting enlightenment is not merely human reason proceeding under its own steam and deriving from the Holy Spirit only in the sense that anything true and good derives from him. The divine speaking is something over and above the gift ,of native intelligence, even though in the successive locution lit works closely with that intelligence, b) Independent-ideational speaking (formal locutions). Whereas the assisting enlightment occurs only when one. is prayerfully meditative, this divine speaking can happen at any time. In the first the locution accompanies human activity, while in the second it is uttered in-dependently of what the recipient is doing: "They are received as though one person were speaking to another.'''8 One may receive this locution while he is working, conversing; playing or praying. "Sometimes these words are very explicit and at other times not. They are like ideas spoken to the l~'lbid;, c. 30, #1; p. 208. ae'lbid., c. 29, #1; p. 204. ~rlbid., c. 32, #4; p. 213. aSlbid,, c. 30, #2; p. 208. The Spirit Speaks." When and How? / 173 spirit. At times only one word is spoken, and then again more than one; . . .-19 Although the recipient is clearly aware that this locution comes from another and thus has no reasonable doubt abou~ the otherness of origin, he can only too easily be deceived aSotO who this other is. It may be God or it may be the devil,o-" and the discernment is not always easy. Of this I shall speak later. c) Dynamic-effective speaking (substantial locution). It is now well known that the Hebrew idea of word, dabar, was not a mere intellectual representation of reality but a dynamic power. Just as the rain and snows come down from the heavens and produce food, so God's word comes down and achieves its effects (Is 55:10-11)~ The divine ~ord acts; it does things. It is like fire and a hammer that sunders rocks (Jr ,23:29). It is active, alive; it judges, divides and cuts like a two-edged sword (Heb 4: 12). Yahweh's word alone caused all creation to be (Gn 1 and 2). Jesus' words are spirit and life (Jn 6:63). This dynamic-effective speaking (substantial locution) is not merely an assisting enlightenment (the first manner) nor an ideational speaking (~the second manner). It is a powerful producing-in-the-soul of what it says. St. John of the Cross calls this communication substantial because it im-presses its meaning in the very substance of the recipient's being. The word does what it says. "For example," notes the saint, "if our Lord should say formally to the soul: 'Be good,'oit would immediately be substantially good; or if He should say: 'Love Me,' it would:at once have and experience. within itself the substance of the love of God; or if He should say to a soul in great fear: 'Do not fear,, it would without delay feel ample fortitude and tranquillity.''zx These dynamic~effective communications are the most excellent for several .reasons. One is that deceit, is impossible, since the devil cannot pro-duce this .goodness within one. Another is that these locutions impart "incomparable blessings" of life and goodness to the person who receives them. There is consequently nothing to fear or to reject. The recipient need do nothing about them "because God never grants them for that purpose, but He bestows them in order to accomplish Himself what they express.'':2 Divine Message and Human Fallibility We approach now a problem whose solution is anything but apparent. As a matter of fact it appears on the surface that the union of two factual 191bid. o-°ibid., c. 30, #3-5. °-1Ibid., c. 31, #1; p. 210. °'°'Ibid., c. 31, #2; p. 210. 174 / Review ]or Religious, Volume 35, 1976/2 premises is impossible. Fact number one: God does speak to certain men and women and He speaks with unfailing truth. Fact number two: these same men and women are often (not just rarely) mistaken in what they hear or think they hear or in what ihey conclude from what they hear, We immediately wonder what the sense of fact number one would' be, given the existence of fact number two. Why would or should God speak to people who often are mistaken in what they hear? One answer to this question is obvious on a momentrs reflection. A fruitful source of error in this area is a simple mistaking of the source of the locution. People often think they are listening to the Spirit when lie is .not speaking at all--or at least He is not saying what they think He is saying. We may not hold God responsible for what He did not say. Yet a problem remains: even when God does speak, the r.ecipient may either not hear or distort what~ he did hear or conclude invalidly from it. Why, then, should God speak when this may be the likely result? One response is identical to what we would say about any human speaking to a fellow human: failure to hear or distortion of the statement or invalid conclusion are always possible. Anyone who has lectured knows this from personal experience. It is remarkable how many people do not hear what you have said (or read what you have written). Yet we do not for that reason cease :speaking or writing. God .speaks to His people for the same reason we do: many do hear, and hear rightly. A lecturer or writer admit-_ tedly takes risks in sharing his thoughts publicly. He knows some will miss the message, while others wittingly or unwittingly will twist it. Yet he also knows that others will hear rightly. God loves us so much that He 'al-lows some to distort His word so that He may communicate intimately with those who will not. There are two reasons according to St. John of the Cross why a divine communication, even when perfectly authentic, can be the occasion for the recipient to be misled regarding it. The first reason is our crude way of understanding the divine mind. Explaining why not all revelations turn out as we expect them to turn out, that is, in their literal sense, the saint notes one reason to be that "since God is immense and profound, He usually embodies in His prophecies, locutions, and revelations other ways, con-cepts and ideas remarkably different from the meaning we generally find in them. And the surer and more truthful they are, the less they seem so to us."'-'~ The saint goes on to illustrate our usual "extremely literal method" with biblical examples. In making His covenant with Abram the Lord God promised that he would give the patriarch a new land. The latter understood this literally of his own personal possession and inquired what the sign of it would be (Gn 15:7-8). However, Abram died before .his possessing the land and "~.~lbid., c. 19, #1; p. 163. The Spirit Speaks: When and How? / 175 so one might have supposed' the divine promise mistaken. But it is the supposition that was mistaken .because it was based on a literal under-standing. Abram was given this land in his descendants as was explained a few verses further on (vv. 18-19). When God's people read that the Messiah was to rule from sea to sea, that His foes would bow down before him and lick the dust of the earth (Ps 72:8-9), they had a true prophecy but they misunderstood His rule to be temporal, whereas it was inner and eternal. So also the disciples on the road to Emmaus were reproved by the risen Lord for being dull and slow in failing to understand what the prophets had announced concerning the Messiah (Lk 24:25). St. John of the Cross concludes~ that "evidently, then, ~even though the words and revelations be from God, we cannot find assurance in them, since in our understanding of. them we can easily be deluded, and extremely so.''24 If this could happen in biblical times with genuine divine communications, it surely can happen in our times. The Carmelite points out that in divine words "God always refers to the more important and profitable meaning,'''5 whereas we tend to see in those same words something less important,' something perhaps merely temporal, even trivial or selfish. This is why the man of the flesh, to use Pauline terminology, the worldly man, cannot (not simply, does not) understand the things of God.(1 Co 2:14). He is too materialistic, too crass, too literal to grasp the divine meaning. One must undergo a con-version, get rid of his worldliness, says Paul, in order to come to know the perfect will of God (Rm 12:2). The second reason why an authentic divine communication can be mis-applied by the recipient is that God's judgment may be~conditional, and that without the knowledge of the human person. God's word or promise may so depend on some contingent event that when that event does or does not occur, so also the divine degree does or does not take~ effect. John cites Jonah's proclamation that Nineveh shall be destroyed in forty days (Jon 3:4). Yet the city was not destroyed because the people repented and did penance: The cause of the decree, human sin, was removed by penitence and so was the decree itself. They especially who do not understand the unfathomable abysses of the divine mind easily suppose they do understand. John of the Cross, who surely experienced God as few others have, supposed otherwise: "Be-lieve me," he concluded, "a person cannot completely grasp the meaning of God's locutions and deeds, nor can he determine this by appearances without extreme error and bewilderment.~''z5 Z4lbid., c. 19, #10; p. 167. God does not necessarily prevent even a genuine mystic from being mistaken in his understanding of an authentic communication. z~Ibid., c. 19, # 12; p. 168. ~ Z~lbid., c. 20, #6; p. 171. 176 / Review for Religious, Volume 35, 1976/2 Assisting Enlightenment and Human Fallibility What we have thus far considered regarding the divine message and human fallibility St. John of the Cross applies to visions as well as to locu-tions. We may now turn our attention specifically to what he calls suc-cessive locutions and I have termed God's assisting enlightenments. When the Holy Spirit aids us in prayerful pondering, is it likely that we can be mistaken in our conclusions? In itself the light of the Spirit can never be mistaken. He who is the tyuth can do nothing but illumine with the truth. However, the light He bestows is often so delicate and lofty that it leaves considerable room for human activity. And when we have room for human activity, we have room for error--unless there be a special divine intervention as is the case with the charism of infallibility given to the Church herself. The possibility of error is present especially in what we deduce and conclude from the divine enlightenment. The light of the Holy Spirit, says John, "is often so delicate and spiritual that the intellect does not succeed in ~being completely in-formed by it; and it is the intellect that of its own power, as we stated, forms the propositions. Consequently the statements are often false, or only apparent, or defective.'':~ This is important. Many of us seem to assume that "listening to the SpirW' means listening to neat, specific conclusions that God somehow inserts into the mind. And we further assume that if we have .an idea we think good it must be He who inserted it. Not so. That sort of neat "formu-lation- insertion" I would call an extraordinary private revelation, not a usual assisting enlightenment. In the latter case it is we who draw the conclusion, and it may be true or untrue, wise or unwise, loving or unloving. History bears out the solidity of this analysis. All through the ages there have been men and women who have expressed a profound conviction that their messages, even the most bizarre and untenable messages, have been spoken by God Himself. They seem not to suspect that they have them-selves contributed anything to their conclusions. John was able to write of this problem in terms that may startle us by their relevance: "I greatly fear what is happening in these times of ours: If any soul whatever after a bit. of meditation has in its recollection one of these locutions (succes-sive), it will immediately baptize all as coming from God and with such a supposition say, 'God told me,' 'God answered me.' Yet this is not so, but, as we pointed out, these persons themselves are more often the origin of their locution.''-~ P. de Letter is of the same mind. Remarking that even genuine charismatics can add human particulars of time and place to an authentic divine message, he notes that "they themselves are generally ~-Tlbid., c. 29, #3; p. 204. '-'Slbid., c. 29, #4; p. 204. The Spirit Speaks." When and How? / 177 unable to make a distinction between the divine and human elements."~"' A. Poulain and K. Rahner speak of the commonness of,human errors added to divine communications.:'" At this point one may ask how our intellect may be more completely informed by the light of God and thus be less subject to its proclivity to adulterate the delicate divine light with its own human shortsightedness. The answer is gospel goodness in general and the light of deep ., faith in particular. According to St. Paul the only way to attain to God's mind and know His perfect will is to put aside worldliness and.undergo conversion (Rm 12:2). The judgment of St. John of the Cross is the same: "The purer and.more refined a soul is in faith, the more infused .charity it possesses, and the more charity it has the more'the Holy Spirit illumines it and com-municates His gifts, because charity is the means by which they are com-municated,'''~' We see the truth of this in everyday life. Simple people of much love far surpass unloving intellectuals in basic wisdom. Diverse Origins of "Inner Lighls" There is yet another aspect to our problem, namely the origin of the enlightenment. Thus far we have supposed the light to come from God. Our theology of discernment of spirits speaks in the plural: spirits. St. John is of like mind. "Manifestly, then, these successive locutions can originate in the intellect from any of three causes: the divine Spirit, Who moves and illumines the intellect; the natural light of the intellect; and the devil who can speak to it through suggestion.":"-' While ~most people are willing to grant that .their own biases and preferences may suggest ideas to their minds, a goodly number may me~ely smile at the suggestion that the devil may be their origin. Even though this is not the place to adduce the ample biblical and magisterial evidences for diabolical reality and activity, it may be useful to point out that we do not pick and choose among, the data of divine revelation. Sound exegesis by all means. But nonetheless one accepts the whole Christ message or he shows that his criterion of acceptance or not is his own judgment rather than the divine word. After a review of biblical evidences, the Scripture scholar, Leopold Sabourin, concludes that "whoever reads"the New Testament with-out pr.econceptions or myth phobia should easily agree" that there is clear evidence of the existence of a personal hostile power and that this is an essential element in New Testament teaching. Sabourin also refers to e:,p. de Letter, New Catho'lic Encyclopedia, 12:446-447. .~oSee their works~ respectively Graces o[ Interior Prayer and Visions attd Prophecies. I also have touched on this point in "The Problematics of Discernment," Spiritual Li[e, Summer, 1974, pp. 135-147. .~lSt. John of the Cross, Ascent o] Mt Carmel, Bk 2, c. 29, #6; p. 205. .~-lbid., c. 29, :~ 11; p; 206. Review for Religious, Volume 35, 1976/2 Lyonnet's judgment regarding St. Paul's assertions on the devil: "To con-clude from these passages that Satan is for the Apostle a pure personifica-tion of the forces of evil would be to contradict as a whole the biblical and Pauline doctrine.''33 Our best theologians'write in the same vein. "The existence of angels," observes Karl Rahner, "cannot be disputed in view of the conciliar declarations (D 428, 1783). Consequently it will be firmly maintained that the existence of angels and demons is affirmed in Scripture and not merely assumed as a hypothesis which we could drop today.''34 If inner enlightenment may originate in other than divine sources, the question of discernment immediately arises. Can we know in a trustworthy manner the origin of our inner lights? Does the Spirit make Himself known? How do we detect Him? Whaf would be the signs of His activity as dis-tingnished from diabolical ,activity? Scripture, and especially the New Testa-ment, says so much about these questions that a mere article could not be adequate to report it all. Even less can a part of this article suffice. I may touch, however, only briefly on a number of considerations. Testing of the Spirits Jesus Himself leads the way to the later New Testament insistence that the spirits must be tested by the structural elements in the Chui'ch. The signal importance of this testing occurs, for example, in His prayer for Simon Peter. Significantly, this prayer centers on disturbances among the faithful caused by Satan. And the disturbances occur in the area of faith commit-ment. Jesus prays that after Peter's conversion he will strengthen his brothers and keep them firm despite satanic influences: "Simon, Simon! Remember that Satan has asked for you, to sift you all like wheat. But have prayed for you that your faith may n~ver fail. You in turn must strengthen your brothers" (Lk 22:31-32 NAB).3~ Jesus' prayer is always efficacious: what he prays for happens. Thus Peter's service in the Church is an effective faith service. While the devil does his best to disturb and dis-rupt, Peter tests him, unmasks him, overcomes him, protects the brothers and sisters in: their commitment to the Lord. It is obvious that Peter can confirm and strengthen in the faith only those who accept and listen to him. God forces no one. This is why St. Ignatius of Loyola, a leading figure in the history of discernment practice, considered the Successor of Peter the first tester of spirits and thus the last word on earth. This is why Ignatius (and other saints are of like mind) did not consider an important ~aLeopold Sabourin, "The Miracles of Jesus (II). Jesus and the Evil Powers," Biblical Theology Bulletin, June, 1974, p. 153. 34"Angels," Sacramentum Mundi, I : 32. aSSee Raymond E. Brownl Karl P. Donfried and John Reumann, editors, Peter in the New Testament, pp. 119-125. The Spirit Speaks." When and How? / 179 discernment process c.omplete until the Holy Father had approved the communal decision Ignatius and his companions had reached. St. Paul himself who received a direct commission from the risen Jesus nonetheless submitted his work to "the leading men" in Jerusalem to obtain their approval (Ga 2:2). Outer testing of the inner spirits is absolutely crucial if authentic enlight-enment is to be kept free of illuminist counterfeits and their bizarre conse-quences. o~Whatever else may be said about the illuminist, there is no doubt that no one can correct him. He is so sure of his privileged access to the mind of God that no other, not even Peter, can successfully point out to him that he is straying. Yet the very Spirit who speaks in our inner hearts has Himself established the outer structure to test the inner message. "Keep watch over yourselves," said Paul to the overseer-bishops of Ephesus, "and over the whole flock the Holy Spirit has given you to guard.' Shepherd the Church of God . . ." (Ac-20:28). The saints instinctively live this principle. St. Teresa of Avila, for example, a woman clearly led by the Spirit, strongly desired that, her works be examined and corrected and approved. Reaction Patterns It is interesting to observe the widely differing reactions people preseiat to the allegations that the Holy Spirit has spoken to someone or that He commonly enlightens from.within. We can speak of a reaction spectrum. At one end of it are those who ridicule the whole idea. They may be theists;~' but they just do not accept that God says anything particular to anyone. The objectivity of divine revelation is enough for them (though they may forget that the prophets and apostles had subjective experiences of God), .and so they look upon the charismatic renewal as a subjective enthusiasm. These people would probably pass up the present article because the title of-it indicates that the Holy Spirit does speak to men and women today. At the other end of the spectrum are those who readily believe that the Holy Spirit speaks. The~e people believe that ,He speaks often and that it is easy. to be in touch with Him. They tend to be uncritical and so are easily persuaded that their thoughts and desires and aspirations derive from God Himself. They would probably be attracted b3~ the title of this article but would tend to reject what I have said about the errors and illusions that abound in much of alleged "listening to God." Thus our subject is a touchy one. The Church's position lies somewhere in the midst of the two extremes of nothing or all. There are valid experi-ences of God and they are to be valued. He does enlighten those who are purified sufficiently to perceive His light. But there are also illusory experi-ences that are nothing more than unfounded persuasions. These can be found among people who are convinced that God is speaking to them, when as a matter of fact nothing of the sort is happening. Review for Religious, Volume 35, 1976/2 Practical Suggestions Supposing then that they are sons of God who are led by the Spirit of God (Rm 8:14), and yet that all things are to, be tested (1 Th 5:19-22), we may ask what this biblical position requires in everyday life. How does one tread the path of the golden mean between two extremes? 1 ) Hard-nosed evidence. While we should value the divine interven-tions in everyday life, we should not suppose them unless the biblical con-ditions are fulfilled. We do not presume, for example, that a proud or vain person is listening to the Spirit. Jesus has made it clear that the Father does not reveal His mysteries to the conceited but only to the little ones (Lk 10:21). A competent spiritual director looks for gospel holiness before he accepts that his client is "listening to the Spirit." This is why for centuries knowledgeable priests have discounted alleged divine phenomena in proud or disobedient people. Those who reject the outer word cannot be hearing the inner word. God does not contradict Himself. 2) No finite idea expresses God adequately and "thus we ought not to cling to it. One of the most valuable contributions offered by St. John of the Cross to this question of listening to God's voice can be missed even in a careful study of his work. It is that the most important element in most di-vine communications is not the clear idea, the detailed course of action to be followed. It is the love-penetrated touch of the divine in dark faith, a touch that itself communicates humility, love, prayer, strength, peace, joy. The most valuable gift God can communiqate to anyone is Himself, and He is no thing, no idea, no pattern of action. The Love Who is God is poured out0into our hearts by the Holy Spirit Who is given to us (Rm 5:5). Once we understand this we have gone a long way in understanding .John's severity in making so little of locutions and visions. The~saint recommends that the recipient of divine communications pay little attention to them, because if he gets attached to them, he feeds on them rather than on God.36 One likewise' begins to consider himself especially favored by God and,to look down on others who, in his opinion, do not enjoy this same enlighten-ing by the Spirit. The attachment can become a stubborn refusal to listen to anyone who may disagree because "I am listening to God." Clinging .to a finite communication, this person fails "to soar to the heights of dark faith.''3~ And in pilgrimage it is only in faith that we journey to the father-land (Heb 11"13-16). 3) Little attention is to be given to inner communications. I suspect that many people are surprised if not shocked at the attitude St. John of .~6The total renunciation demanded by Jesus is applicable here: "Unless a man re-nounce all he possesses he cannot be My disciple." (Lk 14".33) Even an idea about God is not God. '~rSt. John of the Cross, Ascent o] Mt Carmel, Bk 2, c. 18, #2; p. 160. The Spirit Speaks: When and How? / 181 the Cross takes toward inner enlightenments. He repeatedly advises the recipient to pay little attention, even no attention to them. The saint is so strong on this point that unless one is well acquainted with his whole teaching and life, he might conclude that John scarcely believed that God does communicate with the human person. Yet the saint, deeply believed in this .communication and in his own person enjoyed the very loftiest favors. Because his teaching is surprising to many of us, it may be well to offer here"a summation of it. We may first see two examples typical of the saint's statements of rejection, and then we will consider several reasons for the advice. Speaking of imaginative visions or "other supernatural communi-cations" received by the senses and independent of one's free will, John asserts 'q affirm that at whatever time or season (in the state of perfection or one less perfect) an individual must not desire to give them admittance, even though they.come from.God.''~s Later on in the same work as he discusses successive locutions the saint again says that "we should pay no heed to them, but be . . . content with knowing the mysteries and truths in~- the simplicity and verity~ with which the Church proposes them.'':''' This advice admittedly runs counter to what most of us. would expect. We would think that if God speaks,, we should pay attention, close atten-~ tion. We would consider a rejection of.the communication an insult to the speaker of it. Why is ~John (and other saints) of this mind? The first reason is the likelihood of illusion, deception. St. John o[ the Cross would surely agree that when God speaks, we listen carefully. This is precisely why the saint clings so tenaciously to Scripture and the teaching Church. Public revelation is sure and free from illusion and so is the teach-ing of the divinely commissioned Church, pillar of truth (l Tm 3:15). Private revelation is often not sure, that is, what is commonly thought to be revealed by God is not revealed at all. St. Paul was of this mind. He told the Galatians in no uncertain terms that even if .an.angel from heaven were to teach them something contrary to what they learned from human lips, they were to reject it (Ga 1:6-9). In other words, Paul was saying that such private "~revelation" was not revelation from God at all. When one pays much attention to "communications" he leaves the sure path of faith for the unsure path of "what 1 heard, what I received, what I see." History tells a 10ng and sad tale of the illusions that abound in this second path. Secondly, p,eop.le who are much concerned with God speaking within tend to neglect clear duties without. "On judgment day," says our Carmelite guide, "God will punish the faults and sins of many with whom He com-muned familiarly here below and to whom He imparted much light and 3Slbid., c. 17, #7; p. 158.- :~.~lbid., c. 29, -#:12; p. 207. Review for Religious, Volume 35, 1976/2 power. For they neglected their obligations and trusted in their converse with Him.''.'° John then illustrates his idea with. the words of Jesus, "When that day comes, many will plead with Me, 'Lord, Lord, have we not prophesied in Your name? Have we not exorcised demons by its power? Did we not do many miracles in Your name as well?' Then I will declare to them solemnly, 'I never knew you. Out of my sight, you evildoers!' " (Mt 7:22~23). Doing the Father's will (Mt 7:21) is more important than receiving special .favors from God. St. Paul repeats this truth when he tells the Corinthians that their most marvelous charisms (including the gifts of healing, miracles, tongues) are of,no value without love (1 Co 13:1-3). The Carmelite explains how spiritual directors shouldguide people in faith, not in supposed special communications. These directors "should explain how one act done in charity is more precious in God's sight than all the visions and communications possible--since they imply n~ither m~rit nor demerit--and how many who have not received these experiences are in-comparably .more advanced than others who have had many.''~1 This last remark is both sobering and comforting. A third reason is a core reason. I have said above that the deepest value in a. divine communication does not lie in clear concepts or blueprints for future action. It lies in a deeper drinking of the divine, a drinking that is general, dark, non-ceptual, love-immersed. If a person pays much atten-tion to the clear words or ideas he has "heard" at prayer, he is absorbed in finite particulars rather than with the God who ,is infinitely beyond even the best concept. In pilgrimage we' journey to God best not in clear ideas but .in dark faith; Paying little attention to "communications" is wise, fourthly, because a subtle vanity easily seeps into persons preoccupied with "listening to the Spirit" in a self-conscious way. Like the pharisee in the parabl.e (Lk 18: 9-14) they may begin to consider themselves unlike the rest of men. Need-less to say, this attitude is not one conducive to growth in love.'~ Fifthly, giving attention to inner communications carries with it the need to discern their origin, whether they come from God, the' devil, or' one's own unrealized desires.":' While the work of discernment is. advisable for important matters, one can hardly seek out a spiritual, guide and/or engage in long prayerful study for routine everyday affairs. If one is an avid "listener to messages,", the alternatives are a preoccupation with analysis or ¯ ~Olbid., c. 22, #!5; p. 185. ~'lbid., c. 22, # 19; p. 187. ~ '~-°"They think something e~traordinary has occurred and that God his spoken, whereas in reality little more than nothing will have happened, or nothing at all, or even less than nothing. If an experience fails to engender humility, charity, mortification, holy simplicity, and silence, etc., of what value is it?" Ibid., c. 29, .#5; pp. 204-205; "albid., c. 17, #7; p. 158. ' The Spirit Speaks: When and How? an unfounded assumption that "it all comes from the Lord." Even a saint does not assume the latter. Finally, the recipient of an.authentic communication from God does not need to pay attention to it in order to derive its benefits. This many people do not realize. God produces the good effects of His communication with-out the recipient being able to prevent it. "A person," says John, "cannot hinder the goods God desires to impart, nor in fact does he do so, except by some imperfection or possessiveness.''44 By renouncing all divine communications° (and John includes visions, locutions, fragrances, pleasures, words) "a. person takes from these apprehensions only what God wants him*to take, that is, the spirit of devotion, since God gives them for no other principal reason.''4'~ The same is true of the lesser assisting enlightenment.4~ Paying little attention to inner enlightenments' is for all these reasons a sensible reaction that combines a vivid faith in the indwelling Trinity with a sober refusal to succumb to a credulous illuminism. These reasons also explain the remaining bits of practical advice. 4) Use of reason as a source ~of light. God expects us to use ordinary means~ to achieve ordinary ends. If I break a leg, he expects me to get it set by a doctor. I may pray for divine healing but not at the expense of refusing ordinary medical help. We should surely pray for divine enlightenment but not at the expense of refusing to study and consult. Where .human reason is sufficient to solve problems "usually God does not manifest such matters through visions, revelations, and locutions, because He is ever desirous that man insofar as possible take advantage of his own reasoning powers. All matters must be regulated by reason save those of faith, which though not contrary to reason transcend it.''47 This is a mystic with his feet on planet earth. 5) A divine Message needs human approval. This advice is shocking. It seems the reversal of the truth: a human message needs divine approval. A distinction is in order. When the divine message° is public, it needs no approval other than that~ required by Christ Himself. That is, it needs the acceptance of no merely human court. St. Paul explicitly declared that it made not the slightest difference to him whether any human tribunal found him worthy or not (1 Co 4:3). Yet the same apostle submits his divinely received commission from the risen Lord to the authorities in Jerusalem (Ga 2:2, 6, 10). All the more when a divine message is a private revelation must it be approved by due authority. 441bid. "t51bid., c, 17, #9; p. 159. 46"The profit produced by a successive locution will not be received from focusing one's attention on it. Through such behavior a person instead would be driving away the locution." Ibid., c. 29, #7; p. 205. ~ ~ 4"rlbid., c. 22, #13; p. 184. Review for Religious, Volume 35, 1976/2 The New Testament.consistently requires supposedly divine communi-cations to be submitted to the approval of the Lord's representatives. This we already find in the earliest,New Testament document. The gifts of the Spirit are not to be suppressed but they are to be tested (1 Th 5:1.9-22). They who want to hear Jesus must be prepared to hear~His representatives; otherwise they are rejecting Him (Lk 10:16; Jn 13:20). The heretics at the close of the first century are known to be false prophets because they refuse to listen to the leaders of the ekklesia ( 1 Jn 4: 1, 6). St. John of the Cross, therefore, is asking no more than the New Testa-ment when he teaches that one ought not to do what a locution tells him un-less he receives a human approval. The saint does not tire of insisting on this biblical point: "We must be guided humanly and visibly in all by the law of Christ the man and that of His Church and of His ministers. This is the method .of remedying our spiritual ignorances and weaknesses. One should disbelieve anything coming in a supernatural way, and believe only the teaching of Christ, the man,~as I say, and of His ministers who are men . (In the Old Testament) the people were to believe that God spoke to them through the mouth of these prophets and priests and not through their own opinion.'''s John supports his teaching from St. Paul who demanded that the Galatians set aside whatever they think an angel from heaven might say in favor of what human teachers have taught (Ga 1:6-9). In tile. work of spiritual direction I consistently find that persons who give every sign of genuine prayer development and authentic holiness in-stinctively follow this practice, The Holy Spirit gives them the inner in-clination, even a felt need to submit the apparently divine communication to a priest in whom they can confide.4'~ This inclination may be taken as a sign of a genuine communication from God, whereas its absence suggests otherwise?° This advice is, of course, consistent with all else we h~ve studied above. Christ did not establish an angelism, an invisible Church. He takes our "bodyliness". seriously. He operates now both immediately through His Holy Spirit working invisibly and mediately through His human representatives ¯ ~Slbid., c. 22, #7, 8; pp. 181-182. ~.'~"God is so content that the rule and direction of man be ihrough other men, and that a person be governed by natural reason, that He definitely does not want us to bestow entire credence upon His supernatural communications, nor be confirmed in their strength and security until they pass through this human channel of the mouth of man. As often as He reveals something to a person, He confers upon his soul a kind of inclination to manifest this to the appropriate person." Ibid., c. 22, #9; p. 1.82. .~0The saint connects this'trait with humility: "This is the trait of a humble person: he does not dare deal with God independently, nor can he be completely~ satisfied without human counsel and direction." Ibid., c. 22, :~11; p. 183. The Spirit Speaks: When and How? / 1:85 worki.ng visibly. So great is the likelihood of illusion and misinterpretation in the subjective realm that an objective evaluation is indispensable. What should be done when a competent guide is not available we consider next. 6) Competent spiritual direction. A qualified and experienced guide when faced with alleged divine communications sees them, of course, in their context. He considers the recipient's lifestyle, whether it is character-ized by love, joy, humility, detachment, obedience. The Father and the Son do not reveal themselves to the unloving and the proud (Jn 14:21; Lk 10:21). St. Paul told the Galatians that what the Spirit brings to His own is not self-indulgence or temper or fa~ctions or impurity but rather love, joy, peace, patience, gentleness, self-control (Ga 5: 19-22). I find repeatedly in spiritual direction that a deep prayer life, a genuine communion with God indwelling, is invariably.accompanied by these New Testament criteria. The spiritual director usually does well not to make much of the com-munication reported to him (although he belittles neither the person nor the report). If the communication is from God, its chief good effects are already achieved. If it is not from God, the less attention paid to it the better. Religious still complain, as did St. Teresa of Avila four centuries ago, of the lack of knowledgeable spiritual directors. What should one do if he cannot find a competent guide? It is my opinion that in the area of advanc-ing prayer as also in this matter of alleged communications, no direction is preferable to probably incompetent direction. A great deal of damage can be done by well-intentioned but faulty guidance. St. John of the Cross seems to have been of the same mind. After advising that formal locutions should be manifested to "an experienced confessor or to a discreet and wise person," he adds that "if such an expert person cannot be found, it is better not to speak of these locutions to anyone, but simply pay no attention to them, for a soul can easily fall into the hands of some persons who will tear it down rather than build it up. Souls should not.discuss these locutions with just anyone, since in so serious a matter being right or wrong is of such importance.TM 7) Growth in ]aith. A pilgrimage people travels not by vison but by faith (Heb 11:13-16; 1 Co 13:12). Toward the beginning of this article we considered that when God deals with private persons (as distinguished from the publicly commissioned heralds of His revelation), He usually com-municates with them in the general know!edge of dark faith. Even when He may offer a specific message, He wants it confirmed by the appropriate human authority. The proximate means by which we are united to God is nothing finite and created. It is the adherence to God Himself revealed in His Word. The 51Ibid., c. 30, :~5; p. 209. 186 / Review lor Religious, Volume 35, 1976/2 stronger this clinging to Him, the more readily He communicates with the one clinging?-~ For St. Paul only the converted, the holy can detect the mind of God and know His perfect will (Rm 12:2). The more one is transformed by faith andlove the more God can pour out' additional light and love into his heart and mind. In this way we are transformed from one glory to an-other by the indwelling Spirit (2 Co 3:18). r"-"'The Holy Spirit illumines the intellect that is recollected," says John, "and He illumines it according to the mode of its recollection, and the intellect can find no better recollectt0n than in faith, and thus the Ho.ly Spirit wili not illumine it in any othei" recollection more than'in faith. The purer and more refined a soul is in faith, the more infused charity it possesses, and the more charity it has the more the Holy Spirit illumine it and communicates His gifts."lbid., c. 29, #6; p. 205. To A Benedictine Were you a dawn-rising monk in a black-robed hood Meditating in a Kansas winter wood? As you shuffled to chapel in bare, black sandals Lighting beeswax tapered candles-- Did you gaze into Christ's~bleeding eyes On His altar crucifix? And soul-long as all souls long for an unearthly Paradise As your hand touched His candlesticks? Later in your journeys all around the U.S.A.-- Did you study, thought-penetrate all people's problemed way? Did you want to reach the people when the people turned away? Did you find it very difficult sometimes to even pray? For God is ~never lost or ever far away . " But sometimes our paths seem hid and crossed, With clouds hiding tomorrowt darkening our future's way. Yet we know Redempti,on's garment must be woven By our own hands this very day, woven in Christ's design and way. Christ has a certain design, one that's yours, one that's mine, With His holy gift of time, He'll teach us to weave His way. If we don't forget to love Him, listen to what,His voice will say, He'll lift us up, overflow our cup. We'll find a brighter day. Mary Ann Putman 4422~.42nd Ave., S. West Seattle, WA 98116 Reflections on Our Congregation Sister Cecilia Murphy~ R.S.M. Sister Cecilia is Director General of the Sisters of Mercy in Pittsburgh. On the oc-casion of last All Souls~ Day, she reflected with her sisters on the "'many saints of our Congregation" and on the meaning of the Congregation itself. She resides at 3333 Fifth Ave.; Pittsburgh, PA 15213. We as a Congregation have some penetrating questions to answer. Among these questions are: What are we as a religious Congregation? What are we to each other? What is-our Congregational apostolic presence? What witness do we give as Sisters of Mercy? Does our life style reflect that of Christians who believe in the beatitudes and who strive, to live lives of ~simplicity? Do we feel the cost of being consecrated to God or do we dilute the suffering in our lives by compromises? Are ,we joyful people who live other-centered lives? Do we wish to grow and attracL new members? My most vital concerns about the Cqngregation center around questions like these. We must answer these questions as individuals and as a Congrega-tion. No General Director, no Council, no Policy,.Board can answer these questions. Each of us must assume the responsibility ,, to answer these ques-tions. ~ Our Decrees acknowledge the primacy of interior renewal. Are we really attentive to interior renewal? Our focus on external renewal is evident. Our external appearance,, our life style, our behavior patterns have changed greatly since 1966. What has happened to us interiorly? During the past nine years, many of us have suffered intensely from change. Through this suffering we have grown individually and as a Congregation. But, we now need to focus on some aspects~of our lives which need attention from each one of us. Personal prayer, without question, is an absolute necessity for each Sister. Never in our history .has the need for personal prayer been greater, 187 Review for Religious, Volume 35, 1976/2 and never have our distractions from prayer been greater. Prayer, as we all know, is not an obligation that we clock of[ at one-half hour periods; it is a way of life; it is a giving of ourselves to the Lord day by day despite the noises of our work and our relaxations. Why did we come to religious life? We must constantly seek to answer this question--not for some other Sister, but for ourselves. Do we as a Congregation witness to the value of prayer in our lives? Do people sense in me, an individual Sister of Mercy, that prayer is a priority? Do I ever take time for a day of retreat? Con-sidering the challenges to our life and to our spirit, these are not questions we can afford to ignore. These are questions that each of us must answer. I am firmly convinced that if we as a Congregation renew ourselves in-teriorly and face the question of personal prayer, we will not be predicting a rate of growth of one new member each year. We must be renewed in our commitment to personal prayer. Prayer presupposes some time for quiet. We live in a noisy world of TV, chatter, and many other noises, but we must remember that we need time and space for prayer. External stillness can help dispose us to God. This quiet cannot be imposed, but I ask eacfi Sister to contribute to a spirit of quiet and calm in her living situation. Thr6ugh this we can better stand before God, be ready for His word, and become more attuned to Him, more in touch with ourselves, our strengths, weaknesses, and potentialities. While we must pray alone, we must also pray together. Communal prayer t~or many Sisters is a source of concern and a disappointment. That in itself is a hopeful sign. I feel that there is a growing concern within us as a Congregation that we want and need to pray together: No one form of prayer will satisfy every Sister at all times~ But we have a right to expect communal prayer from each other. Each group of Sisters living together must continue to'be concerned and to make serious'efforts to pray together. It has been frequently said that communal prayer cannot be a forced situation, in which those who seldom communicate meet to*recite the same words. Prayer requires some union of mind and heart among its partici-pants. Thus, the need for rehewal in prayer touches on vital questions of community, of what we are to each other. By membership in the Congregation we share a bond of religious dedi-cation and a commitment to common ideals~ Sisters of our Congregation should be "special" to us even though we may not share their life Style or dress. We MUST be kind to one another. We cannot destroy each other. We must begin to 'realize that our conversations, our attitudes of hopeful-ness and joy or of complaint and negativism can cause 6thers to be strength-ened and rejoice in their vocations or to lose heart 'and wonder what re-ligious life has done for us. Our attitudes are conveyed in subtle 'ways; our words also tell others how we feel about them and what our values are. We must, if we'are to survive or deserve to survive as a Congregation, take careful account of our attitudes toward each other and toward the Congre~- Reflections on.Our Congregation / 189 gation. Catherine McAuley gave us a legacy of union and charity.Thus, we cannot spend our waking hours, our phone and table conversations gather-ing information ,about other Sisters, judging each other, and using leisure time in pettiness. There is NO time for this. We have;been called to be apostles, to spread, the "good news," to be "good news" to others. None of us, regardless of age or occupation, is exempt from this responsibility. Each of us needs to ask herself: Am I good news to others? Do Sisters consider me a strengthening factor in Congregational life? None of us has a perfect record in this regard. But let us begin again. Let us try to be more aware of our words and attitudes, more supportive of each other, not just as we do so well in times of death and sickness, but every day. Let us likewise reflect upon our attitudes to others outside the Congregation. Are we prejudiced? Are we concerned about others who lack the necessities of life? Are our values really Christian? Living religious life is not easy. It costs a great price. In the New Testa-ment we learn from Christ the cost of discipleship. He was hated, con-fronted, and crucified. He was, for all human purposes, the greatest failure the world has ever known. He did not come to bring us suffering but to teach us how to live with it. To His~ disciples He said: "Take up your cross and follow me". "Unless the seed die, it remains alone". "Un-less you deny yourself . . . " Christ did not igreach an easy message. He did not call His disciples to a life of comfort and security. He said: "The Son of Man has nowhere to lay His head". "the servant is not greater than his Master." It is never easy to be a disciple. It we are comfortable, satisfied and complacent, we have great cause for concern about our Con-gregation. No one who tried to fulfill the will of God did so with comfort and satisfaction. I see in our Congregation some need for each of us to reflect on the meaning of the cost of discipleship. Have I personally lost sight of who I am called to be? Have I compromised and rationalized so that I can have the best of two worlds? I cannot look at another Sister and judge what she has done. I must look at myself. When the Church abrogated the Lenten fast, she intended that we impose new personal penance upon our-selves. Do we do this? The human condition has not changed, nor has our need for self-denial. Each of us is, a sinner and the more we know of God, the more we know how sinful we are. None of us is perfect nor can we forget that we need to make conscious responses in self-denial. Catherine McAuley founded her Congregation on Calvary to serve a crucified Master. Each of us has a share in that mission by our member-ship in this Congregation. Catherine McAuley held ideals of service like: "God knows I would rather be cold and hungry than that His poor should be deprived of any consolation in our power to afford." Is this a reality in my life? Am I willing to be hungry, even occasionally, that others may eat? These are the kinds of questions we must face if we are to be true to the 190 / Review ]or Religious, Volume 35, 1976/2 spirit of Catherine McAuley. We need God desperately and we need each other desperately. We need to 'be willing to experience conversion personally and as a Congrega-tion. We must be willing to pay the price for this conversion. ~ We can and must be a tremendous potential for good in the Church and the world. We can and we must witness to each other and the world that material goods are NOT the source of our joy nor the values on which we spend our "energies. We need to reflect simplicity--not in a judgmental or self-righteous way but in a spirit of who we are called to be. We can~and we need to reflect a joy'that comes from living with Sisters of joy who belong to God and who are free to be faithful in celibate love. We must focus on what we are to each other in community, We must share not only our goods but ourselves. If we have any struggles today and. are to attract new members to our Congregation, I am convinced we must experience interior renewal and unity of purpose. We know that God is faithful and that He will help us in this. Let us unite together as a Congregation, renewed in our purpose to pursue conversion. May God grant each of us light, strength, patience, and courage so that individually and corporately we will be strengthened to spread the good news, to further God's Kingdom, to be vital Sisters of Mercy. A More Authentic Poverty Horacio de la Costa, S.J. At the time of the 32nd General Congregation of the Society of Jesus, Ft. de la Costa was one of~the four General Assistants to Fr. Arrupe. Subsequent to the Con-gregation, he was able to return to his beloved historical studies and writing, center-ing on the history of the Church in the Philippines. He resides at Xavier House; P.O. Box 2722; Manila 2801; Philippines. A consideration of the D~cree on Poverty of the 32nd. General Congrega-tion of the Society of Jesus must begin with a word about its background. The General Congregation immediately preceding, the 31st, decided that Jesuit legislation on poverty should be brought into conformity with the dispositions of. Vatican II, but at the same time perceived that this would be better done not by itself but by experts reflecting on the matter over a period of time. It therefore elected what are called definitores to draw up Statutes on Poverty which would become Society law, on the authority of the General Congregation itself, upon approval of the. Superior General. In 1967¢ Father General Arrupe approved these Statutes. The 31st General Congregation had provided, further, that the 'Statutes thus adopted be submitted for review to the next General Congregation. Ac-cordingly, Father General Arrupe, having decided after the Congregation of Procurators of 1970 to convene the 32nd General Congregation, ap-pointed a study commission to go over the Statutes and ~:ecommend possi-ble improvements. Some of the delinitores sat in this commission also. Most of its members were moral theologians, jurists, or administrators. Some months before the Congregation convened, Father General expanded the *This article is :being published simultaneously in the current issue of Jesuit Studies (The American Assistancy Seminar in Jesuit Spirituality) entitled: "On Becoming Poor: A Symposium on Evangelical Poverty." 191 Review ]or Religious, Volume 35, 1976/2 membership of tffe commission to include experts from other disciplines and areas of experience. The 32nd General Congregation constituted from among its member-ship its own Commission on Poverty: Commission III. Some of the mem-bers of the pre-Congregation commission, being also congregati, were elected to Commission Ili. Very broadly speaking, it can be said that for the jurid-ical aspects of the' present Decree, the Congregation relied chiefly on the work of the pre-Congregation commission; for its pastoral aspects, on its own Commission III. The Decree itself is divided into three sections. Section A is a declara-tion of what Jesuit poverty should be today in the light of prevailing con-ditions in the Church and in the world. This declaration sets forth the as-cetical and pastoral principles on which is based the dispositive part of the Decree, Sections B-F. Section B, "Norms," gives the prescriptive guidelines for a revision of the Statutes on Poverty, to be undertaken by a commis-sion appointed by Father General, who is to approve and promulgate the revised Statutes. Sections C-F are supplementary provisions concerning certain aspects of the new juridical structure which is being given to the Jesuit practice of poverty. A prinCipal objective which the pre-Congregation commission set for itself was to simplify Jesuit legislation on poverty. It was observed that over the years numerous alterations had been introduced into the primitive legis-lation of the Ignatian Constitutions, usually by obtaining an indult, that is, an exception to the law, from the Holy See; for instance, the indult whereby Jesuits are enabled to accept Mass stipends. Another~ kind- of deviation from the primitive legislation was that of certain accepted anomalies; for :instance, houses of writers.: A house of writers is not, strictly speaking, a "college" in the sense of the Constitu-tions. It is not a house of formation, the only Jesuit institution to which St. Ignatius allowed fixed revenues. Later, however, houses of writers were also permitted fixed revenues, on the grounds that they cannot otherwise carry on their valuable apostolate, since the kind of books Jesuits write are very seldom best-sellers. Similarly, there was no provision in the primitive legislation for the care of the sick and the aged. These were therefore assigned to the same juridical category as the Jesuit seminarians ("scholastics") supported by the colleges. In effect, those retired from the active apostolate were equated with those who had ~not yet begun it, and the arca seminarii, or formation fund, did double-duty as a social-security fund. . There were also accepted ambiguities which amounted to legal fictions. For instance, missionary priests in the Spanish colonies--at least up to the time the Jesuits were expelled therefrom (1767)--received fixed yearly stipends from the government. In the Philippines, this stipend was 100 silver pesos and 100 [anegas (bushels) of rice a year. This was by no means A More Authentic Poverty / 193 a pittance. A silver peso in those days was really made of silver, and its purchasing power was probably a hundred times that of the present metal-alloy peso. At any rate, each missionary priest was able to support with his stipend a missionary ~brother,~and still have something left over toward building a parish church and a parish, house. Now then: this stipend can, with a little stretching of meaning, be called an alms. But the government, and almost everybody else, considered it a salary--so.mething which the Constitutions did not allow for, especially with reference to spiritual min, istries, the normative maxim for which was. to "give freely what you have freely received." A more recent example of ~this ambiguity is the~ salary received by military and hospital chaplains. Military and hospital chaplaincies are certainly valuable, even necessary apostolates, But in many countries of the world, 'the civil law does not allow anyone to become a military or hos-pital chaplain unless he accepts a salary. It does not allow him to give freely what he has freely received. Finally, there was what looked like downright violations of th~ law to those Who ttid not understand or appreciate the need from which they arose. How, ,for instance, was the glorious Japanese mission of the Old SoCiety, founded, by Xavier himself and so fruitful in martyrs, supported?~:Why, by the fantastically .lucrative Macao,Nagasaki silk trade. ,.Portuguese inv~estors in the trade would invest sums for, or on behalf of, the Jesuit Provin(~'of Japan, and the profits from these investments were. what supported' the Province's catechumena~es, houses of formation, mission station~, printing press. Were they alms? Were they fixed revenues? Or were they negotiatio vetita, commerce forbidden to clerics? All these complexities seemed to arise from the fact that thoroughly ~alid and even absolutely essential apostolates could not be undertaken or main-tained without such departures from the primitive legislation. And 'the reason for this was the difference in economic, social, and juridical struc-tures between the modern world, the world that emerged from the Indus-trial Revolution, and the late-medieval world, the world of St. Ignatius. There are all-pervading socioeconomic realities we must take into account today which St. Ignatius and his first companions almost certainly did not foresee. Here are some of them. In many parts of the world, Western and non-Western, capitalist and socialist, there is a decline in the witness value of mendicancy. Living on aims is rarely if at all considered an effective witness to iapostolic fi'eedom and trust in divine Providence, Accompanying this decline is a correspond-ing appreciation of the ethical and social value of work, and of wh.a.t are generally considered to be the natural adjuncts of working for a living, such as the provident setting aside of savings for the future, and the invest-ment of such savings in economic enterprises that generate income. Another difference to be noted between St. Ignatius' time and ours is 194 / Review lor Religious, Volume 35, 1976/2 the decline in the modern world of the temporal power .and wealth of the Church,-and the dissolution of medieval forms of union of Church and State. It is no longer possible,for large-scale apostolic enterprises to be financed by endowments granted by pope or prince, by cardinal or'con-quistador. How are large-scale apostolic, :enterprises financed today? Mostly by smal! private donations derived chiefly from the middle class: the people; neither rich nor poor, who enable o religious institutes to train,their seminarians and establish foreign missions. It is a fact, to be acknowledged with gratitude, that in the world as it now is we, depend almost entirely on the bourgeoisie for the financial viability of our apostolic enterprises. On the other hand, we r~eligious are called to live not precisely as bourgeois but as poor men and women. How do we do this, in the world as it now is? How do we set up a structure~for our poverty that will be simple enough and practical enough to enable us to carry on our ministries effectively, and yet live poor? ~ ~ The pre-Congregation commission on poverty mentioned earlier pro-posed that one way of doing this was to accept the basic distinction be-tween communities and apostolic institutes, .a distinction already Sketched out by the definitores of the Statuta of 1967. The 32nd General Congrega-tion ac6epted the :distinction, along with the juridical implications spelled out by'the commission.1 In fact, the Congregation made that distinction the "keystone" of its "reform of the structure of temporal administration.":-' There are, of course, preblems raised by this revision of structure, or foreseen as'following upon it. That is why the Holy Father directs that the Decree be put into practice ad experimentum, so that the. next General Congregation "can re-examine the entire question on the basis of the .experi-ence acquired in the years to come.''3 But ~where the religious life is.con-cerned, juridical structure is usually consequent on a spiritual discernment. In the present case, that discernment is set forth in the expository portion of the Decree (Section A), to which we now turn. The 32nd General. Congregation confirms the findings °of its predecessor on the basis of a review of the Societyrs experience during the decade inter-t" By the law of ~the Society there is to be established a distinction between com-munities and apostolic institutes, at least with regard to the destinatibn and usu-fruct of 'their goods and between the financial accounts of each."--Decree of Poverty B III 1. Apostolic institutes are defined as "those institutions or works .belonging to the Society which~ have a certain permanent unity and organization for apostolic pu,rposes, such as universities, colleges, retreat houses, and other such in which Ours cai'ry on their apostqlic work."--ibid. B I 2. "Th~ goods of apostolic institutes of the Society may not be diverted to the use or profit of Ours except for a suitabl~ remuneration, to be approved by the Provincial, for work in such institutes or for services rendered to the same."--ibid: B IV. ~-lbid. A IV I 1. '~Jean Cardinal Villot to Father General Arrupe, 2 May 1975, n. 5. A More Authenti¢ Poverty / 195 v~ening between them. These findings are chiefly three. First, that our pres-ent pra~ctice of evangelical poverty, falls short of. the norms .established by St. Ignatius and the first companions, and hence, that we must resolutely and perseveringly undertake a renewal of the spirit of poverty according to the specifically Ignatian inspiration. Second, that while we must~ by all means keep the primal norms of~.our poverty intact as far as their substantive de-mands are concerned, we must also adapt them to,the socioeconomic and juridical conditions of our time, very different from those of the time when St. Ignatius and the first companions established them. In other Words, our renewal of the spirit of poverty must be accompanied by a certain adaptation of structures and procedures; it must be a renovatio accoramodata. Third, that in the matter Qf poverty, as in other matters, ,spirit and structure are intimately interdependent; that while the spirit of poverty needs a structure to support it, safeguard it, and make it operative, the structure wilPnot work, will become dead-weight and dead-letter, unless those involved in the structure are imbued with the spirit of poverty and are resolved to make the structure work. The determination of the surplus income of 'a community might serve to illustrate this third finding, namely, the interdependence of spirit~and structure. The surplus income of a Jesuit community cannot be retained. It must be disposed of annually.4, By surplus income iS o meant what is over and-above the expenses and the contingency fund. provided for in the annual budget of the communit~y as determined by its "responsible administrator" with the appr.ovai of the provincial superior.~ The norm for estimating the annual budget is a community style of.life "removed .as far as possible from all infection of avarice and as like as possible to evan-gelical poverty.''6 Ultimately, therefore, this whole rrgime of placing the community on a budget and disposing of annual surpluses will depend on the style of life adopted by the community. It will depend oi~ how seriously the community tries to live up to the norm set by the Congregation, namely, that "the standard of living of our houses should not.be higher than that of a family of slender means whose providers must ,work. hard for its support.''r In a word, it will depend on how much alive the spirit of poverty is among us. For, as the Congregation. says; "While law can support spirit, no legal re-form will profit anything unless all, .our members elect evangelical poverty with courage at the invitation of .the Eternal King, Christ our Lord.,8 , 4Decree on Poverty B VII 1. 51bid. B VI. ~Ibid. B VII 1. rlbid. A llI 7. 8Ibid. A V 13. 196 / Review ]or Religious, Volume 35, 1976/2 The norm for our standard of living just ~ited may in ~turn serve to illus-trate the second 'of the findings mentioned above, namely, the need for adaptation. It is stated that our standard of living can be lower, but not higher than that of "a family of slender means." Yes; but what are "slender means"? What does "slender" mean? One particularization of the term follows immediately: a family of slender means is one whose providers must work hard for its support. This would seem to exclude unearned in-come, that is, income from'invested funds, at least as a principal source of support for our communities. It would seem to imply that our communities should derive their day-to-day support from the earnings of the day-to-day work of their members. Here is one example of the adaptation to the changed conditions of the times noted earlier. The Congregation itself calls attention to it: "For cen-turies, the perfection of religious poverty was found in mendicancy . He was .counted poor who lived on alms, placing all his hopes in the provi-dence of God operative through benefactors. With growing clarity the Church invites religious to submit to the common law .of labor. 'Earning your own living and that of your brothers and sisters, helping the poor by your work--these are the duties incumbent upon you.' '''~ This may possibly explain why the Congregation does not have'recourse to the gauges or measuring rods of religious poverty devised in times past. Such ~as, that religious poverty is a poverty of dependence~. dependence, in the first instance, on the superior, but through him, dependence on the providence of God "operative through benefactors,'--that is, dependence on alms. The emphasis today is not on alms but on work. Or again, that our poverty should be assimilated to that of honesti sacerdotes, reputable secular priests; for while the reputable secular priests of former times did live very slenderly, they were nevertheless supported by "livings,~' that ig, stable revenue derived chiefly from landed property. However, it must not be thought that the Congregation excluded mendi-cancy-~ dependence on alms for support--altogether. Neither did it sup-pose that religious who live on alms do not work. We should give it credit for a certain measure of realism. It is a fact that many of our, hardest work-ers are dependent~ on alms for their support; for instance, missionaries. It is also a fact that in certain regions of the world today, for instance, in those countries behind the Iron Curtain where the Church is permitted tO exist~ Jesuits can live and work only i~ supported by free-will offerings. And it is equally a fact that even in those regions of the world where the right of the Church to exist is recognized, much of the work we have to do as ministers of the Gospel does not have a financial remuneration attached to it. Thus, while we should by all means adapt ourselves to the work-ethic of our time, we should guard against pressing too closely the work-income ~'lbid. A II 4, citing Vat. II, PC n. 13, ET n. 20. A More Authentic Poverty / '197 nexus. It is my impression~ that the Congregation was fully .aware of the dangers of doing so; fully aware that it could introduce among us what usually accompanies the work ethic, namely the market orientation. It is not too far-fetched to foresee an evolution of attitude after this fashion: One begins by looking around for compensated.work in order to be able to contribute to the support of .one's community. One goes on to. prefer compensated to non-compensated work, the apostolic value of the Works being roughly ~equal. A gradual, perhaps a very gradual, an almost imper-ceptible reversal of values then takes place, whereby the value of apostolicity becomes Jsecondary to the value of marketability. Such a process might even end up with an alternative version of Surplus Value, namely, that wages represent an apostolic "surplus" over and above the apostolic value of the work itself, and hence that the better compensated work is the more apostolic work. Besides vitally affecting our choice of ministries, a too rigid interpreta-tion of the duty of ~"earning your.own' living and that of your brothers and sisters" could introduce in the Society--int~ormally, to be sure, but palpably another system of grades, one based not on presbyteral function but on earning capacity. Those engaged in gainful employment and thus con-tribute to the,support of the community would, for all practical purposes, be the professed; those not thus engaged, and hence are supported by the community, °would be the coadjutors. Such a stratification would tend to bring our c"0mmunity life down to a purelyhuman level, and may well have disastrous consequences: assumption of privilege by the ~gainful workers, frustration and resentment on the part of the "unprofitabl~ servants." Are these purely conjectural hypotheses, or do we perceive them even now, in certain parts of the Society, as a~ cloud no bigger than a man's hand? At any rate, we have from the'Congregation a reminder that the adoption of the work ethic--as, indeed, the adoption of any valid principle of action--involves risk. "The frequent engagement of Ours in professions and salaried offices it not without dangers, not only for the spirit of gratu-ity, but even, for the observance of common life itself. SuCh work is to be chosen only as a more effective means to the communication of faith, with-out thought of remuneration or of the privileges attached'to an office.''1° But to get back to the slender-means norm. Besides the fact that it.is means acquired by work, present hard work, rather than a stable income from invested funds, what other nuances can give it sharper definition? Perhaps this, that it should be a deliberate renunciatibn of consumerism, of "the appetite for enjoyment and consumptign of material goods" which, as the Congregation points out, "spreads everywhere and verges on a prac-tical atheism.''11 At least that. "At the very least, religious poverty should lOlbid. A III 8. 111bid. A II 3. 198 / Review ]or Religious,~ Volume 35, 1976/2 try hard to limit rather than:, to expand consumption,!~ :says. the Congrega-tion. 1-° ,.~ Another. nuance of the :slender,means norm is that our style Of life should be pitched at a level which enables and encourages us not only to work for t.h.e, poor but with ithe poor. In order to do that~ we need to i"acquire some experience of their condition;" and even of their "miseries and distress." This, the Congregation says, is a necessary consequence of the basic option we have made regarding our apostolate today, namely, "comniitment to the cause of justice and to the service of the poor.''13 It is with this nuance that the Congregation repeats ,St, 'Ignatius' injunction "to love poverty as a mother and, within the measure of holy discretion, experience some of its effects as occasions arise. Here, then, are some of the specifications that might make the slender-means norm of our voluntary poverty less abstract, more applicable to real, life .situations: Our style of life should be that of the worker rather than the rentier;.it should put out: of our reach the open-ended self-indulgence of . the consumer society; it should afford us some~direct experience of what the involuntarily poor of today have to put up with, so that we can the more realistically and effectively help them to help themselves. I must con-fess, however, that even so, for me personally, the slender-means norm remains somewhat 'fuzzy around the edges. And I think I see:the reason why in ~a statement in obliquo of the Congregation itself. It expresses regret that we have no other word.to designate the poverty of ~the.~)religous life except the word "poverty." This is regrettable ~because "poverty means very different things to different people.''.~ Indeed it does. Not only that; different people (and therefore different Jesuits) can hold their different views of poverty honestly and sincerely, without hy-pocrisy or cynicism. Further: the reasons why they hold these different views are not always myths but often realities. Thus, a Jesuit style of life really and truly considered poor in Australia or West Germany may well be considered really and truly :affluent in Ecuador or Indonesia; not neces-sarily because Ecuadorian and Indonesian Jesuits are religious of strict ob: servance, while Australian. and West-German Jesuits are religious ~ of lax observance; but simply because of~ the .difference between "a family of slen-der means" in the developed world and the corresponding family in the underdeveloped world. ~ Consider, too, the fact, or at least the possibility, that the type of apos-tolate to which a Jesuit is sent has, perhaps should have, an influence on his style of life; an influence that leads, perhaps inevitably, to a difference ~Z.lbid. A III 7. ~. ~'~lbid. A II 5, A III 10. ~Const. [287]. ~SDecree on Poverty A I11 7. A More Authentic Poverty / 19,9 in standard of living. Thus~ it might be asked whether the:style of life of Jesuits teaching in the Gregorian University~ in Rome should be, or can be exactly that of Jesuits working among the marginados in Venezuela. The classical.: precedents invoked by those who favor a difference are will known. Among ~he missionaries of the Old Society in India, was there not a sign~ificant difference in style of life between those who worked among the brahmins and those who Worked-among the pariahs? And what about the drastic change in style of life adopted by Xavier in Japan, when .he learned that the Japanese paid scant attention to mendicants but might possibly give a hearing to an hidalgo? Equally-familiar are the precedents brought forward by those opposed to recognizing such differences. Ignatius' instructions to Lainez and Salmer6n, papal theologians at the Council of Tre~nt, that they should not follow th.e life style of the Council Fathers, but should work in ,hosEitals as orderlies, preach in city squares without a Stipend, and beg their meals fromo, door. to. door. The example of Ignatius, himself, when, he returned to Loyola from Paris: refusing to stay in?.the ancestral castle with his brother, he chose to dodge in the town infirmary, considering it a better platform from which to. persuade his fellow citizens to the service of faith and~ the promotion of justice. There is, then, an ambiguity--a necessary ambiguity, as ,iLseems--in the general norms proposed .by the Congregation; and the Congregation. admits it. Not only does it recognize that poverty can mean different things. to different people, but in ;recommending "the insertion of communities among the poor" as '.'a testimony of love of the poor and of poverty to which the Church encourages religious," it calls attention to the fact that "implehae.ntation of this proposal will have to be different in our widely. diff,ering circumstances.''I~ What it is saying, in effect, is that the slender-means~ norm can mea.n different things to different communities., o Thp practical conclusign that follows from this is that it is up t'o the discernment of local and provincial_ communities to ensure that, taking into account differences in socio-economic context and apostolic commit-ment, our poverty is, and is .seen to be, the poverty of Christ. It is to the same practical conclusion that the Congregation comes in the other major areas of our life and apostolate.17.The crucial role which the Congregation assigns to discernment, personal, and communitarian, in the process of translating its decrees from paper to practice,~, clearly appears in that it recognizes discernment as an, ingredient of Jesuit identity,18 _.and giyes,~ex~, t.ended treatment to it as a feature of our community life.1:' ~ This brings us to what was mentioned earlier, as the first of the~ findings ~lbid. AIlI 10. ~TGC 32, "Our Mission Today," n. 71; "The Formation of Jesuits," n. 22. lsGC 32, "Jesuits Today," n. 19. ~ ~:~GC 32, "Union of Minds and Hearts," nn. 21-24. ~ 200 / Review 1or Religious, Volume 35, 1976/2 of the Congregation on Jesuit poverty, namely, the need for a renewal of the spirit of our poverty as conceived by St. Ignatius. A first observation and an Obvious one is that we h~ave vowed ourselves as religious to evangelical poverty, that is, the poverty proposed by the Gos-pel as a counsel of perfection~ and adopted by Christ~ himself. Hence, a first distinction, equally obvious, must be made between our voluntary poverty and the involuntary poverty that afflicts so large a portion of the human race. This inhuman and dehumanizing poverty, frequently imposed by in-justice, is an evil. It cannot be the object of a vow. It is not the poverty we embrace, it is the poverty, we must fight. Religous poverty is evangelical, not necessarily sociological. Not necessarily; which leads to a second observation. All religious in-stitutes are followings of Christ, but each religious institute follow~ Christ in its own way, according to the charism of its founder. Of St. Ignatius it may be said that his way of following Christ is pre-eminently the way of service, of apostolic service. We belong to a Society which~"'is founded for this purpose above all . the defense and propagation of the faith" :and any kind of ministry whatgoever that shall be "for the glory of God and the common good.''~° Our poverty, then, as everything about us, is-~or is meant to be apostolic. We embrace poverty not for its own sake, as another religious institute well might, but in function of the apostolate. St. Ignatius' phrase praedicare in paupertate--to preach in poverty--must, I think, be ~understood in this sense. We are to be poor that we may all the more effectively preach. The images in which St. Ignatius embodies his notion bf poverty seem to suggest as much. For Francis of Assisi, poverty is the Lady Poverty, the lady of a troubadour, a loveliness to be loved for itself alone. For Ignatius of Loyola, on the other hand, it is "the firm wall of rrligion"; fortifications designed to defend an intra muros, an area of peace in which to build the City of God. And we must love poverty, ~ertainly; but "as a mother": a mother who gives birth to a .life, nurtures and trains it, not to keep for herself but to send forth: a life that will be something of value in the world of me'n.21 In the world of men today, that something of value is, for us Jesuits, a commitment to "the service of faith, of whii~h the promotion of justice is an absolute, requirement.''z2 Hence, if the promotion of justice should i'equire in-some place, at some time, the "insertion of communitiesamong the poor," if it should summon us "to live among the poor, serving them and sharing something of their experience," something of their "miseries and Z°Form. Inst. n. 1. 21Cf: Const. [287], [553]. Z2GC 32, "Our Mission Today," n. 2. A More Authentic Poverty / 20_1 distress,'''-''~ then we .must. by all means do so, but with a clear understand-ing that such poverty is a degradation not an enhancement of the"human condition, and that we embrace it for the sole purpose of h.elping our fellow-men to free,themselve.s from it. In a word, ev.angelical poverty is not neces-sarily sociological poverty, but may demand acceptance of it in.function.of the apostolate. This brings us to a third observation, na~mely, that if our poverty is in function of the apos_tolate, then it is what might be called a "functional?' poverty. It is, in level, form and style the poverty that best serves our apos-tolic ends. Its measure is the tantum-quantum of the Exercises.-"4 That is why the Congregation begins its declaration on poverty with a "reflection on the Gospel in the light of the signs of our times"; or so it seems to me. It seems to me that the Congregation, faced with the task passed on to it by its predecessor of answering "the demands of a real and not pretended poverty," did not begin by asking the question "What should our poverty be?" but by asking the question "What should our poverty be ]or?'''~'' From its reading of the signs of the times, the Congregation brings for-ward certain apostolic objectives which our poverty should by preference bear witness to or serve. At a time when nations, groups, and individuals ha~,e come to realize that .the material resources of this planet.are limited, and have reacted to that realization by accepting as a fact of life that the race is only to the swift and the devil takes the hindmost, vowed poverty should be, and be a witness to, sharing. "On fill sides there is felt a desire to discover new com-munities which favor a more intimate interpersonal communication, com-munities of true sharing and communion, concerned for the integral human development of their members. Our lives, our communities, our very poverty can and should .have a meaning for such a world.'''-''~ That meaning and message will be effectively conveyed by "a poverty pro~foundly re~ newed . . . happy to share with each other and with ,all.'''7 In fact, "our communities will have no meaning or sign value for our tim.es, unless by their sharing of themselves and all they possess, they are clearly seen. to.be communities of charity ,and~ of concern for each other, and all others.''-~ Secondly, at a time when human .fulfillment tends to be equated with the possession, enjoyment, and consumption of material goods, vowed poverty should point in the opposite direction. It should point to. simplicity: :.~Decree on Poverty A II 5, A III 10. :4Cf. 'Spir. Ex. [23]. '-"~Cf. Decree on Poverty A 1I 3-5, A III 7. '-'Olbid. AlI 3. "-'Zlbid. A V 14. "-'Slbid, A II 5. 202 / Review [or Religious, Volume 35, 1976/2 a "simpler way of 'life," ~"simple in community expression and joyous in the following of Christ," and by this witness openin~ up to men "a new liberty and another happiness.''-~'~ Finally, at a time when the struggle for justice often means a~ struggle against unjust establishments, a disengagement from the affluent and power-ful elites from which we have received, and perhaps continue to°receive beriefacti6ns, vowed i56verty must have and be-seen to have a detachment that makes it credible. "It will be difficult for the Society everywhere to forward :effectively the cause of justic~ and human dignity if the greater part of her ministry identifies her with the rich and powerffil.'''~'~ That most be the touchstone of our credibility: detachment. "The attitude of the So-ciety should b~ that of the Third Class of Men. fully as ready to abahdon as to retain, to the greater service of God,''3~ manifest' in a povei'ty that is "apostolic in its~active indifference and readiness for any service; in-spiring our selection of ministries and turning us to those most in need?':~°- In sum: the,selfless sharing of a simplicity of life that leads to integral human developm6nt and, by its realism, gives credibility to our efforts to remove the obstacles tO that development--this is what the Congregation proposes our poverty should be today, as discerned frorri the Signs of the times: ~But in qchat'~sense is this a renewal, a making,new again, a return to what the Society was when it was new? This brings us back to'a point which came up earlier: the crucial role given by'this Congregati~on to discernment. For if it 0is admitted that ours is a functional poverty, a poverty in function oLthe apostolate,~then the authentic practii:e of that~poverty will depend at any given moment on what we discern to be,the Conc?ete objectives~of our apostolate at that moment; in short, on "our mission today." And this adap-tation is truly a renewal--so, at least, it is argued because it is precisely what St. Ignatius did. ~ ~. What Ignatius did was to giv meaning and structure to" the practice of' voweff poverty which was in function of what he discerned: to be the apos-tolic needs Of his time. He then wrote Constitutions which not-only do not forbid but demand that we practice our poverty in the light of a' similar discernment. What was his discernment? We might illustrate how concrete it was by its apparent c6ntradictions, for it is a'well-known fact that the concrete and its demands do not always meet the requirements of abstract logic. Ignatius made Jesuits in professed houses live from day to day and "-'albid. A II 3, A V 14. :~°Ibid. A II 5. 3~Ibid. AIII 9; cf. Spir. Ex. [155]. :*°-Ibid. A V 14; A More Authentic Poverty / 203, even beg from door to door; but he allowed fixed revenues for colleges, that is, the houses where Jesuits were being trained to live from day to day and beg from door to door. He would not permit the sacristies of our churches to be supported by such revenues, but-the churches themselves, Works of art which might be considered verging on the lavish,.he accepted from, or consented to be constructed by, benefactors belonging to the affluent establishments of his time. He did not favor our men going on horseback, even if they were on a mission and in somewhat of a hurry; yet he decided that professed houses should have a garden for our men to walk in. A garden! Why, certainly; a garden in cities where the ordinary citizen took the air in open sewers 'which, by an exaggeration of courtesy, were called streets. But, after all, was not Ignatius following in this matter the example of Christ himself? Christ, who regularly skipped meals because of the poor, the sick, and the bedevilled who pressed around him, but who told treed Zacheus to come down from his perch and give hil~ lunch in his house, the ~ather well provided house of an officer,of the internal revenue. Christ, who did not even have a foxhole or a bird's nest where to lay his head, but who, on his way to or from Jerusalem, regularly stopped_ at Bethany, in the house of the opulent Lazarus; who did this at lehst once with his entire entourage, seemingly unannounced, for he sent Mhrtha into a tizzy trying to figure out how may courses to lay on for dinner. Christ, who told the Seventy-two he was sending out on mission not to bring a purse or an extra pair of sandals, but who also told them that wherever they found accep-tance they should eat and drink what was put before them, because the laborer is worthy of his hire. Christ, who had a rather expensive robe, woven without seam from top to bottom, as the soldiers gambling for it immediately recognized; but who died naked on the cross. What then? Is there a fixed poverty line calculable in currency values,~ valid for all times and seasohs, to which we must keep? It ~ems not. But~ in that case how do we make, how can we be sure that we are making our poverty authentic? It would Seem that our po~verty is~authentic in the hi'eaT sure that it is really and truly in function of our apostolate--as it was in the case of Ignatius, as it was in-the case of Christ. And because it is in func-tion of the apostolate, our poverty, is, in sum, a basic insecurity: the basic insecurity of men who can.be sent and are willing to. be sent on any mission, even without provision for the jou~rney and with no assurance of provision at the end of it. Our poverty level is the minimum required to enable a Jesuit theologian to enlarge the frontiers ~of~ theology. It is also the maximum allowable "~for a Jesuit engaged in~ the "lSedagogy of the oppressed" to.be credible to. the oppressed. And it is a willingness on the part of the theologian to be sent to the oppressed, and a corresponding willingness ~n the part Of the peda-gogue of the oppressed to join a theological faculty. ,Let u,s, g~ve the last w~rd 204 / Review for Religious, l/olume 35, 1976/2 to the 32nd,General Congregation: "The authenticity of our poverty, after all, does not consist so much in the lack of temporal goods, as in the fact that we live and are seen to live from God and for God, sincerely striving for the perfection of that ideal which is the goal of the spiritual journey of the Exercises: 'Give me only a love of you with your grace and I am ~rich enough, nor do I ask anything more.' ":"~ a31bid. AV 14; Spir. Ex. [23~,].' * * Saint Louis University Accent '76 Summer offerings of The Department of Theological Studies, Saint Louis University June 22 - July 30 Accent: Spirituality Continuing SLU's tradition of summer institutes in Spiritu~ality, . Institutes: The~ New Testament and Traditions of Spirituality; Assimilating the LitUrgical Reform: Pastoral Ministry in Th, eological Focus Inaugural Institute: June 7 - June 17 Toward An American Spirituality (Herbert W. Richardson) Accent: °Religious Studies Continuing SLU's on-g0ing M.A. Program in Religious Studies. 12 Courses: Contemporary Doctrihe, Biblical Studies, 'Theology of Religious Life. Accent: Religion arid American Culture Continuing SLU's tradition of exploring the relationship between religion and culture. Workshops: Alternate Futures For Religious Education In The United States; New Interpretations of American Catholicism. Plus: Study Tour To lsrael All institutes and workshops can be separated into two-week segments. For complete information write: Department of Theological Studies Attn: Director of Summer Programs Saint Louis University 3634 Lindell Blvd; ' Saint Louis, Missouri 63108 Our Servant Song to Yahweh: The Radical Yes Sister Mary Catherine Barron, C.S.J. Sister Mary Catherine is an English teacher at Rome Catholic High School. She had p~blished earlier, in the November, 1975 issue. Sister resides at 808 Cypre.ss St.; Rome; NY 13440. In a poem of soul-shattering dimension, D. H. Lawrence, a very ~sensual man, poses a series of very spiritual questions.,He asks: Are you willing to be sponged out, erased, cancelled, ~ made nothing? Are you willing to be made nothing? dipped into oblivion? If not, you will never really change.1 His interrogation embodies the central Christological inquiry asked long before Jesus answered with His life. For throughout the centuries of salva-tion history it has been the haunting refrain of all who embrace the reality of the Servant Song. No matter where we turn in the Old Testament or the New, we find ourselves faced with its harsh delineations. ,Abraham must go through the annihilation Of family ties and holdings in order to found a nation from the child he nearly slays. Moses suffers privation, loneliness, and betrayal as he leads Yahweh's people to a land he never enters. David bears for-ever the searing knowledge of his sin as he witnesses its effects' upon his household and his kingdom. Hosea suffers the painfilled prostitution of his love; Jeremiah preaches renewal amid interior desolation; Isaiah witnesses 1D. H. Lawrence, "The Phoenix," The Complete Poems o[ D. H. Lawrence (New York: Viking Press. 1964). 205 206 / Review for Religious, Volume 35, 1976/2 to the emptiness of the Servant Who is to come. John the Baptist loses his disciples; Mary loses her Son; Jesus loses His life. What do we lose? In a past issue of Bible Today, Father Stuhlmueller reflects on the two-fold aspec't of vocation. He says: "Every vocation has an occasion, that which gets it started. Every vocation has a long search for the deeper mean-ing of what one started out to do.'' Somewhere between the ~'starting oc-casion" and the "deeper meaning" resides a radical "yes" on the part of the servant to what is so graphically outlined in the "Phoenix" poem. How do we say it--that radical "yes"? How did Jesus utter it? Through a total rendering of Himself, in faith, to His Father. He tells us: "Whatever the Father does the Son does too" (Jn 5:19). The Father's "radical yes" to His creation is manifested through the gift of His Son. The Son's "radi-cal yes" to His Father is manifested through the gift of Himself. There was nothing glorious about the human life of Christ. He paid dearly for every sign of spiritual power shown. He labored long and hard for infinitesimally small results. He traversed the length and breadth of His country only to learn that a prophet is never accepted by His own. He was condemned by leaders of the religion He fulfilled. And He

For almost half a century, conflict in the South China Sea has constituted a challenge to China's diplomatic relations with the countries in the region. The dispute over the more than 200 islands, reefs and rocks located mainly around the Spratly and Paracel archipelagos has repeatedly unleashed military clashes between the different states involved, as well as popular demonstrations in support of their respective countries. Since the People´s Republic of China is a one-party socialist regime, it might be expected that its response to the conflict would be unitary and homogeneous, suiting the concept of the state as a unitary actor. According to this concept, states would behave at the international level as unitary and rational entities whose behavior is determined by the structure of the international system and not by their internal composition. Therefore, this paper aims to analyze the extent to which this concept applies to China's behavior in the South China Sea dispute. As a frequent source of tension in the region, the South China Sea conflict has received widespread attention during the last decades. Already in the 1970s and 1980s, the first studies began to emerge focusing on Chinese responses to the territorial disputes, although limiting their scope to the analysis of the possibility of China resorting to force to impose its claims. It is necessary to go back to the 1990s to find the only work (Wu and Bueno de Mesquita, 1994) that, focusing exclusively on the South China Sea conflict, analyzes the differentiated impact of different Chinese political actors. Unfortunately, this work has become obsolete, as in recent years there has been a growing fragmentation in the number of actors with the ability to influence China's foreign policy. Academic publications so far have focused either exclusively on the South China Sea conflict, but without addressing it from the point of view of the impact that various Chinese actors might have on the Chinese response, or in the analysis of these actors, but without focusing exclusively on the dispute this paper is dealing with. The present paper aims to fill this research gap, carrying out a study of the impact of the growing number of Chinese political actors on the behavior of their country in the conflict, and it will do so by testing the theoretical applicability of a concept so widespread in the field of International Relations: the state as a unitary actor. The approach of this paper is based on two premises. First, because China would seem, a priori, a favorable case for the study of the viability of the concept of the state as a unitary actor, given the nature of its political regime. Second, because the South China Sea dispute is a timely issue on which a solution is not expected in the short or medium term, and therefore the approach of this paper might enhance the understanding of China's future actions in the conflict. To this end, this paper will analyze the participation in the conflict of the leadership structures of the Chinese Communist Party, the State, the People´'s Liberation Army, provincial and local governments, commercial companies, and public opinion. These actors are aware that China will not abandon its territorial claims in the area, so they try to exert influence to further their own interests and points of view. The paper concludes that these actors are not only capable of influencing the considerations and decisions of the Chinese leadership, but also that, with their -on occasions contradictory- actions, they make it no longer possible to argue that China's behavior fits the concept of the state as a unitary actor supported by realist scholars such as Hans Morgenthau or John Mearsheimer. Undoubtedly, the Politburo Standing Committee and, especially, the General Secretary of the Chinese Communist Party (Xi Jinping), play the most crucial role when it comes to China's behavior in the South China Sea conflict. In fact, the General Secretary´'s more assertive views have largely determined China's actions over the past decade. However, it is still necessary to maintain a consensual decision-making process. This consensus, combined with the participation of foreign policy advisers, can lead to relatively slow decision-making. Meanwhile, the Ministry of Foreign Affairs has traditionally adopted a more prudent and conciliatory stance, having clashes with other state agencies that, with their more assertive attitude, might act to the detriment of Chinese foreign policy. For its part, the People's Liberation Army has a limited influence through official channels. However, it can reach public opinion through nationalist messages in social media, and its operational autonomy gives it a margin of maneuver to carry out military actions that, although not being decided by the Chinese leaders, could increase China´'s political tensions with its neighbors. Provincial and local governments, as well as commercial companies, are favored by the ambiguous guidelines emanating from the central political power, enhancing their divergent behaviors based on their own interests: while some governments and companies are favored by the exaltation of the defense of China's territorial claims on the islands, others maintain a more conciliatory stance, stressing the positive results provided by the cooperation with neighboring countries. Finally, public opinion vehemently defends China's territorial claims in the South China Sea, a double-edged sword for the government, which may find its room for maneuver limited under future situations of crisis. In fact, citizen pressures could be behind the more assertive attitude shown by the Ministry of Foreign Affairs in recent times. The paper proceeds as follows. The first section will introduce the theoretical framework of the paper, explaining the realist conception of the state as a unitary actor. At the same time it will put into context the evolution of China's foreign policymaking over the past decades, a process that has become increasingly complex, while also presenting a brief literature review on the South China Sea conflict. The second section will analyze the impact of the Chinese political actors mentioned above on the conflict. Finally, the conclusion section will present the main results obtained by the paper and suggest new avenues for future studies. ; El conflicto del Mar de la China Meridional ha supuesto, durante casi medio siglo, un desafío a las relaciones diplomáticas de China con los países de la región. La disputa por las más de 200 islas, arrecifes y rocas agrupadas mayoritariamente en torno a los archipiélagos de las Islas Spratly y Paracelso ha desencadenado de manera recurrente encontronazos de carácter militar entre los distintos estados involucrados, así como manifestaciones populares en apoyo a sus respectivos países. En tanto la República Popular de China es un régimen socialista de partido único, cabría esperar que su respuesta al conflicto fuera unitaria y homogénea, cumpliendo el concepto realista del estado como actor unitario. Según este concepto, los estados actuarían a nivel internacional como entes unitarios y racionales, cuyo comportamiento viene determinado por la estructura del sistema internacional y no por su composición interna. Por tanto, el presente artículo tiene el objetivo de analizar hasta qué punto dicho concepto es aplicable al comportamiento de China en la disputa del Mar de la China Meridional. La elección del enfoque del artículo se fundamenta en dos razones. En primer lugar, porque China parecería, a priori, un caso de estudio favorable para la viabilidad del concepto del estado como actor unitario, dada la naturaleza de su régimen político. En segundo lugar, porque la disputa del Mar de la China Meridional es un tema de actualidad sobre el que no se espera una solución a corto o medio plazo, y por tanto dicho enfoque se antoja imprescindible para poder comprender mejor futuras acciones de China en el conflicto. Para ello, se analizará la participación en el conflicto de los órganos de liderazgo del Partido Comunista de China, el Estado, el Ejército Popular de Liberación, los gobiernos provinciales y locales, las empresas comerciales y la opinión pública. Estos actores son conscientes de que China no renunciará a sus reivindicaciones territoriales en la zona, y por tanto intentan ejercer influencia en función de sus propios intereses y puntos de vista. El artículo concluye que los actores analizados no sólo son capaces de influir en las consideraciones y decisiones de los principales líderes chinos, sino que además con sus acciones -en ocasiones contradictorias- hacen que ya no resulte posible hablar de un país cuyo comportamiento encaje con el concepto de estado como actor unitario desarrollado por autores realistas como Hans Morgenthau o John Mearsheimer. El artículo se estructura de la siguiente forma. El primer epígrafe desarrollará el marco teórico del artículo, explicando el concepto realista del estado como actor unitario. Además, pondrá en contexto la evolución de la formulación de la política exterior china durante las últimas décadas, proceso que ha ido adquiriendo una creciente complejidad, y presentará el estado de la cuestión del estudio sobre el conflicto del Mar de la China Meridional. El segundo epígrafe analizará el impacto en el conflicto de los distintos actores políticos chinos anteriormente mencionados. Finalmente, la conclusión presentará de manera sucinta los principales resultados obtenidos por el artículo, sugiriendo nuevos enfoques para futuros estudios.

Il tema centrale della presente tesi è lo studio della relazione tra la pianificazione di un territorio turistico e gli elementi del territorio e del paesaggio che lo compongono, attraverso un caso di studio paradigmatico di turismo d'élite, la Costa Smeralda nell'isola della Sardegna. La Costa Smeralda, inventata nel 1962 su un territorio anteriormente vergine da un gruppo di personaggi dell'alta finanza il cui protagonista fu il Principe Karim Aga Khan, rappresenta un caso unico nell'Italia degli anni '60 di pianificazione e gestione unitaria in forma consortile di tremila ettari di terreno con finalità turistiche. Il processo di costruzione del paesaggio e dello spazio turistico nella Costa Smeralda è messo in relazione con i seguenti temi: - il contesto italiano del secondo dopoguerra, in conflitto tra recupero della tradizione e l'innovazione del movimento moderno; - l'invenzione di un immaginario esotico-mediterraneo come base per la fondazione della Costa Smeralda e la singolarità delle modalità di avvio della località turistica d'élite; - il diverso approccio al progetto turistico riscontrato nelle diverse fasi della costruzione della Costa Smeralda e legato alla provenienza dei progettisti, porta a definire gli elementi prioritari per la costruzione del paesaggio turistico a diversa scala. Del continuo processo di costruzione della Costa Smeralda, dal 1962 a oggi, la tesi si concentra nel primo ventennio, dal quale emergono gli aspetti più interessanti di questo territorio: - la prima fase d'invenzione e avvio della Costa Smeralda, dai primi anni '60 ai primi anni '70, è realizzata in totale assenza di normativa in materia di pianificazione e paesaggio; l'organo incaricato di redigere un piano di sviluppo globale è il Comitato di Architettura con a capo l'architetto Luigi Vietti; - la seconda fase di consolidamento della località turistica, nel decennio del 1970, vede per la prima volta la presenza di un landscape planner americano, Hideo Sasaki, intervenire in un progetto turistico del Mediterraneo. L'approccio al progetto, la visione a scala territoriale e la suddivisione dell'operazione per fasi, sarà estranea a qualsiasi intervento fino ad allora eseguito. L'analisi dei due diversi approcci al territorio, quello italiano e quello americano, ci porta a definire quali sono stati gli elementi fondamentali del paesaggio che hanno influito sul processo di costruzione del territorio turistico, quali erano le aspettative per un modello di pianificazione estraneo al Mediterraneo e cosa questo ha apportato. Lo studio del caso specifico della Costa Smeralda, che di per sè non è riuscita a raggiungere risultati esemplari nè nel progetto architettonico nè in quello urbano, è tuttavia utile per trarre delle considerazioni generali all'interno del dibattito sull'architettura e pianificazione turistica, riguardo il conflitto tra modernità e tradizione, pittoresco e folclorico, pianificazione sensibile e landscape planning. ; El tema central de la presente tesis es el estudio de la relación entre la planificación de un territorio turístico y los elementos del territorio y del paisaje que lo componen, a través de un caso de estudio paradigmático del turismo de élite, como es la Costa Smeralda en la isla de Cerdeña. La Costa Smeralda, creada en 1962 sobre un territorio anteriormente virgen, por un grupo de actores de las altas finanzas en el cual el protagonista fue el Principe Aga Khan, representa un caso único en Italia de los años 60 de planificación y gestión unitaria en forma de consorcio de tres mil hectáreas de terreno con finalidad turística. El proceso de construcción del paisaje y del espacio turísticos en la Costa Smeralda viene definido a través de la relación de los siguientes temas: -el contexto italiano después de la II Guerra Mundial, en el cual se manifiesta el conflicto entre la recuperación de lo tradicional y la innovación que supuso el movimiento moderno; -la invención de un imaginario exótico y mediterráneo como base para la creación de la Costa Smeralda, y la singularidad del proceso en la configuración para una localidad de élite; -una perspectiva diferente al proyecto turístico durante las diversas fases en la construcción de la Costa Smeralda y la relación con la procedencia de los proyectistas, lleva a definir los elementos prioritarios para la construcción del paisaje turístico a diferentes escalas. Del proceso continuo sobre la configuración de la Cosa Smeralda , desde 1962 hasta hoy, la tesis se concentra en las dos primeras décadas, de las cuales emergen los aspectos más interesantes de este territorio: -la primera fase de intervención de la Costa Smeralda, entre los años 60 y principios de los 70, se desarrolló sin la existencia de normativas en materia de planificación y paisaje; la entidad encargada de restablecer un plan de desarrollo global fue el Comité de Arquitectura bajo la dirección del arquitecto Luigi Vietti; -la segunda fase de consolidación de la localidad turística, durante la década de los 70, por primera vez ve como proyectista un landscape planner americano, Hideo Sasaki, en un proyecto turístico en el Mediterráneo. El planteamiento del proyecto, la visión a escala territorial y la subdivisión de la operación por fases, destacaron sobre cualquiera de la operaciones realizadas hasta el momento. El análisis de los dos enfoques sobre el territorio, el italiano y americano, lleva a definir cuales han sido los elementos fundamentales del paisaje que han influido sobre el proceso de construcción del territorio turístico, cuales eran las expectativas de un modelo de planificación foránea en el mediterráneo, y que supuso este nuevo contexto. El estudio del caso específico de la Costa Smeralda, que en si no implicó una situación ejemplar ni en el proyecto arquitectónico ni urbano, es todavía significativo para extraer consideraciones generales dentro del debate sobre la arquitectura y planificación turística, respecto al conflicto entre la modernidad y tradición, pintoresco y folclórico, planificación más atenta y landscape planning. ; The main topic of this dissertation is the study of the relationship between the planning of a tourist territory and the elements of the land and landscape that make it up. The case study is a paradigmatic example of elite tourism, called Costa Smeralda in the island of Sardinia. The Costa Smeralda was founded in the early 1960s in the north-eastern coast of Sardinia, at a time of great change for tourism. While for the rest of Europe the tourism boom after World War II meant the democratization of the holidays and the spread of mass tourism, Costa Smeralda was founded by Prince Aga Khan in opposition to the other mass tourism destinations fate in the Spanish, Italian and French coasts of the same period. The insular condition and the pristine nature of Costa Smeralda became a symbol of exclusivity, which attracted elite clients looking for a heavenly enclave of luxury tourism in the heart of the Mediterranean. It represented in those years a unique case in Italy of global planning and management of three thousand acres of land through the insitution of a consortium for tourist purposes. The process of construction of Costa Smeralda landscape and tourist space has been related to the following themes: - italian context after World War II, in conflict between the tradition's rediscovery and innovation of modern movement; - the invention of an exotic-mediterranean imagery as base for the construction of Costa Smeralda, and singularity of the operation to iniciate the elite tourism settlement; - the different approach to the landscape held in the different phases of construction and related to the origin of designers, bring us to define priority elements for the construction of tourist landscape at the different scales. The construction of Costa Smeralda has been an ongoing process from 1962 until today. The thesis focuses on the first two decades, from which emerge the most interesting aspects of this territory: - The first stage of invention and launch of the Costa Smeralda, from the early '60s to the early '70s, is made in total absence of planning and landscape legislation; the institution responsible for drawing up a comprehensive development plan was the Architectural Committee, headed by the architect Luigi Vietti; - The second phase of consolidation of the resort, in the decade of 1970, sees for the first time the presence of an American landscape planner, Hideo Sasaki, intervene in a tourism project in the Mediterranean. The approach to the project, the vision of a territorial scale and the subdivision of the operation in stages, were new actions never executed before then. The analysis of the different italian and american approaches to the territory, leads us to define what were the key elements of the landscape that have influenced the process of construction of the tourist territory, what the expectations were from a planning model extraneous to the Mediterranean one and what this has brought. The study of the specific case of the Costa Smeralda, which in itself is not able to achieve exemplary results in either architectural design nor in urban areas, it is instead useful to draw some general conclusions in the debate on architecture and tourism planning, with regard the conflict between modernity and tradition, picturesque and folkloric, sensitive planning and landscape planning. ; Postprint (published version)

Il tema centrale della presente tesi è lo studio della relazione tra la pianificazione di un territorio turistico e gli elementi del territorio e del paesaggio che lo compongono, attraverso un caso di studio paradigmatico di turismo d'élite, la Costa Smeralda nell'isola della Sardegna. La Costa Smeralda, inventata nel 1962 su un territorio anteriormente vergine da un gruppo di personaggi dell'alta finanza il cui protagonista fu il Principe Karim Aga Khan, rappresenta un caso unico nell'Italia degli anni '60 di pianificazione e gestione unitaria in forma consortile di tremila ettari di terreno con finalità turistiche. Il processo di costruzione del paesaggio e dello spazio turistico nella Costa Smeralda è messo in relazione con i seguenti temi: - il contesto italiano del secondo dopoguerra, in conflitto tra recupero della tradizione e l'innovazione del movimento moderno; - l'invenzione di un immaginario esotico-mediterraneo come base per la fondazione della Costa Smeralda e la singolarità delle modalità di avvio della località turistica d'élite; - il diverso approccio al progetto turistico riscontrato nelle diverse fasi della costruzione della Costa Smeralda e legato alla provenienza dei progettisti, porta a definire gli elementi prioritari per la costruzione del paesaggio turistico a diversa scala. Del continuo processo di costruzione della Costa Smeralda, dal 1962 a oggi, la tesi si concentra nel primo ventennio, dal quale emergono gli aspetti più interessanti di questo territorio: - la prima fase d'invenzione e avvio della Costa Smeralda, dai primi anni '60 ai primi anni '70, è realizzata in totale assenza di normativa in materia di pianificazione e paesaggio; l'organo incaricato di redigere un piano di sviluppo globale è il Comitato di Architettura con a capo l'architetto Luigi Vietti; - la seconda fase di consolidamento della località turistica, nel decennio del 1970, vede per la prima volta la presenza di un landscape planner americano, Hideo Sasaki, intervenire in un progetto turistico del Mediterraneo. L'approccio al progetto, la visione a scala territoriale e la suddivisione dell'operazione per fasi, sarà estranea a qualsiasi intervento fino ad allora eseguito. L'analisi dei due diversi approcci al territorio, quello italiano e quello americano, ci porta a definire quali sono stati gli elementi fondamentali del paesaggio che hanno influito sul processo di costruzione del territorio turistico, quali erano le aspettative per un modello di pianificazione estraneo al Mediterraneo e cosa questo ha apportato. Lo studio del caso specifico della Costa Smeralda, che di per sè non è riuscita a raggiungere risultati esemplari nè nel progetto architettonico nè in quello urbano, è tuttavia utile per trarre delle considerazioni generali all'interno del dibattito sull'architettura e pianificazione turistica, riguardo il conflitto tra modernità e tradizione, pittoresco e folclorico, pianificazione sensibile e landscape planning. ; El tema central de la presente tesis es el estudio de la relación entre la planificación de un territorio turístico y los elementos del territorio y del paisaje que lo componen, a través de un caso de estudio paradigmático del turismo de élite, como es la Costa Smeralda en la isla de Cerdeña. La Costa Smeralda, creada en 1962 sobre un territorio anteriormente virgen, por un grupo de actores de las altas finanzas en el cual el protagonista fue el Principe Aga Khan, representa un caso único en Italia de los años 60 de planificación y gestión unitaria en forma de consorcio de tres mil hectáreas de terreno con finalidad turística. El proceso de construcción del paisaje y del espacio turísticos en la Costa Smeralda viene definido a través de la relación de los siguientes temas: -el contexto italiano después de la II Guerra Mundial, en el cual se manifiesta el conflicto entre la recuperación de lo tradicional y la innovación que supuso el movimiento moderno; -la invención de un imaginario exótico y mediterráneo como base para la creación de la Costa Smeralda, y la singularidad del proceso en la configuración para una localidad de élite; -una perspectiva diferente al proyecto turístico durante las diversas fases en la construcción de la Costa Smeralda y la relación con la procedencia de los proyectistas, lleva a definir los elementos prioritarios para la construcción del paisaje turístico a diferentes escalas. Del proceso continuo sobre la configuración de la Cosa Smeralda , desde 1962 hasta hoy, la tesis se concentra en las dos primeras décadas, de las cuales emergen los aspectos más interesantes de este territorio: -la primera fase de intervención de la Costa Smeralda, entre los años 60 y principios de los 70, se desarrolló sin la existencia de normativas en materia de planificación y paisaje; la entidad encargada de restablecer un plan de desarrollo global fue el Comité de Arquitectura bajo la dirección del arquitecto Luigi Vietti; -la segunda fase de consolidación de la localidad turística, durante la década de los 70, por primera vez ve como proyectista un landscape planner americano, Hideo Sasaki, en un proyecto turístico en el Mediterráneo. El planteamiento del proyecto, la visión a escala territorial y la subdivisión de la operación por fases, destacaron sobre cualquiera de la operaciones realizadas hasta el momento. El análisis de los dos enfoques sobre el territorio, el italiano y americano, lleva a definir cuales han sido los elementos fundamentales del paisaje que han influido sobre el proceso de construcción del territorio turístico, cuales eran las expectativas de un modelo de planificación foránea en el mediterráneo, y que supuso este nuevo contexto. El estudio del caso específico de la Costa Smeralda, que en si no implicó una situación ejemplar ni en el proyecto arquitectónico ni urbano, es todavía significativo para extraer consideraciones generales dentro del debate sobre la arquitectura y planificación turística, respecto al conflicto entre la modernidad y tradición, pintoresco y folclórico, planificación más atenta y landscape planning. ; The main topic of this dissertation is the study of the relationship between the planning of a tourist territory and the elements of the land and landscape that make it up. The case study is a paradigmatic example of elite tourism, called Costa Smeralda in the island of Sardinia. The Costa Smeralda was founded in the early 1960s in the north-eastern coast of Sardinia, at a time of great change for tourism. While for the rest of Europe the tourism boom after World War II meant the democratization of the holidays and the spread of mass tourism, Costa Smeralda was founded by Prince Aga Khan in opposition to the other mass tourism destinations fate in the Spanish, Italian and French coasts of the same period. The insular condition and the pristine nature of Costa Smeralda became a symbol of exclusivity, which attracted elite clients looking for a heavenly enclave of luxury tourism in the heart of the Mediterranean. It represented in those years a unique case in Italy of global planning and management of three thousand acres of land through the insitution of a consortium for tourist purposes. The process of construction of Costa Smeralda landscape and tourist space has been related to the following themes: - italian context after World War II, in conflict between the tradition's rediscovery and innovation of modern movement; - the invention of an exotic-mediterranean imagery as base for the construction of Costa Smeralda, and singularity of the operation to iniciate the elite tourism settlement; - the different approach to the landscape held in the different phases of construction and related to the origin of designers, bring us to define priority elements for the construction of tourist landscape at the different scales. The construction of Costa Smeralda has been an ongoing process from 1962 until today. The thesis focuses on the first two decades, from which emerge the most interesting aspects of this territory: - The first stage of invention and launch of the Costa Smeralda, from the early '60s to the early '70s, is made in total absence of planning and landscape legislation; the institution responsible for drawing up a comprehensive development plan was the Architectural Committee, headed by the architect Luigi Vietti; - The second phase of consolidation of the resort, in the decade of 1970, sees for the first time the presence of an American landscape planner, Hideo Sasaki, intervene in a tourism project in the Mediterranean. The approach to the project, the vision of a territorial scale and the subdivision of the operation in stages, were new actions never executed before then. The analysis of the different italian and american approaches to the territory, leads us to define what were the key elements of the landscape that have influenced the process of construction of the tourist territory, what the expectations were from a planning model extraneous to the Mediterranean one and what this has brought. The study of the specific case of the Costa Smeralda, which in itself is not able to achieve exemplary results in either architectural design nor in urban areas, it is instead useful to draw some general conclusions in the debate on architecture and tourism planning, with regard the conflict between modernity and tradition, picturesque and folkloric, sensitive planning and landscape planning. ; Postprint (published version)

Turkey's modernization process has been heavily influenced by the strong will and idealistic ambition of the Turkish state to ensure progress and development since the inception of the country in 1923, or even earlier, since the first modernization attempts of the Ottoman Empire in the 19th century. Elevating the whole nation to the level of "contemporary civilizations," which was perceived as the level and standards of the West, and ensuring integration and homogenization in political, economic, social, and cultural spheres at the national level have been indispensable principles of this process. For this reason, dispersing the population and services throughout the country and reducing the long-standing disparities between inner and coastal as well as eastern and western regions have also been crucial for the state to fulfill its regional policy and modernization goals and objectives. Even though a wide range of modernizing reforms and development policies were implemented and many development plans, programs, and projects were formulated to this end since the 1920s, arguably Southeastern Anatolia Project (Güneydoğu Anadolu Projesi, GAP) has been the most ambitious and sensational project in this regard. GAP was initiated in long "underdeveloped" Southeastern Anatolia Region–or GAP region–in the 1970s as a technical project primarily to produce energy and irrigate lands through constructing plenty of dams and hydroelectric power plants on Euphrates and Tigris. In time, however, the focus, scope, and character of GAP have undergone significant changes and the project has evolved into a bolder scheme to reorder and transform the political, social, economic, and cultural landscape of GAP region and reshape the mindset and behaviors of its local population. Even though the advancement of GAP increased the influence of the project on GAP region and led to positive development outcomes such as increase in agricultural production and per capita income over time, it also led to controversy, unintended consequences, and contestation on different fronts. The mismatch of visions, aspirations, and expectations between the architects of GAP and the local population never ceased to exist. The negative environmental and social impacts and drawbacks of the project were also subjected to wide criticism. Despite these, the project was not only constantly redefined, repackaged, and reintroduced as a solution to socio-economic and socio-political problems of GAP region, but also given a "special" or "untouchable" status that prevented the questioning of its rationale, raison d'etre, modus operandi, and similar deeper and often overlooked aspects. Also, GAP was rarely examined in the light of critical development approaches and especially the concept of depoliticization, both of which question the "neutral" and "non-political" nature of development and concentrate on contestation and power relations created or altered by development. Discursive constructions and perceptions of the architects of GAP and their implications were also largely overlooked. The project remained mostly unpacked and many questions as to what it used to be in the past, has recently become, and would look like in the future; why it was initiated; and how it was initiated remained uncontested in the literature. This study fills this important research gap and examines through what kind of discursive and material practices politicians, bureaucrats, experts, intellectuals, and other elite groups of the Turkish state have shaped the design and implementation of GAP. Based on written and spoken texts on GAP such as parliamentary proceedings between 1975 and 2014, archival resources of GAP Regional Development Administration, and 64 semi-structured interviews with the representatives of various governmental and non-governmental institutions, the study examines GAP's rationale, vocabulary, assumptions, constructions, and mechanisms. In the theoretical guidance of critical development approaches and depoliticization and methodological guidance of post-positivist discourse analysis and qualitative content analysis methods, the study demystifies the project and demonstrates how it could remain rarely problematized and retain its "sanctified" position, which was supposedly "above" and "beyond" politics. Finally, based on the empirical findings, the study introduces and discusses a number of illuminating inferences on the concept of development in general and GAP in particular. The study comprises eight chapters that are subdivided into four parts. The first part, "Introduction," comprises the introduction chapter followed by the theoretical framework and methodology of the study (Chapter 1, 2, & 3). The second part, "Background and Literature Review," comprises one chapter (Chapter 4) and provides the history of modernization and development efforts of the Turkish state since the Ottoman period in the 19th century, distinct characteristics of Southeastern Anatolia Region, and a comprehensive and systematic literature review on GAP. The third part, "Empirical Analysis," comprises three chapters that examine the historical trajectory of GAP and oscillations in its governance since its inception (Chapter 5); what kind of sources gave impetus to the initiation of GAP and how it has been rationalized in more than four decades (Chapter 6); and the sources and forms of depoliticization in the overall GAP framework and how GAP and depoliticization have related to each other (Chapter 7). The fourth part, "Conclusion," comprises one concluding chapter (Chapter 8) that summarizes the study, identifies the major inferences drawn from the study about development and GAP, explains the implications of the study on GAP and development practice, and points to future research directions that can complement the study and initiate new research avenues in the relevant literature.

Article by Morris Arnold on the Arkansas Legal System during the Colonial Period. ; THE ARKANSAS COLONIAL LEGAL SYSTEM, 1686-1766 Morris S. Arnold* Except for the silence of its final letter, there is nowadays noth­ing very French about Arkansas. Yet before the American takeover in 1804 the great majority of the European inhabitants of the area presently occupied by the state were of French origin. There is s9me visible proof of this in the names, many now mangled beyond e:asy recognition, which eighteenth-century voyageurs and coureurs de bois gave to a good many Arkansas places and streams; 1 and there are, as well, a number of Arkansas townships which bear the names of their early French habitants .2 While these faint traces of a remote European past survive, ab­solutely nothing remains of the laws and customs which the ancient residents of Arkansas observed. This is no accident. It was a favor­ite object of Jefferson to introduce the common law of England into the vast Louisiana Territory as quickly as he could. In the lower territory he waited too late. New Orleans had had a large French population and a somewhat professionalized legal system for some time, and the civilian opposition, given time to congeal, proved to * Ben J. Altheimer Distinguished Professor of Law, University of Arkansas at Little Rock. B.S.E.E. 1965, LL.B. 1968, University of Arkansas; LL.M. 1969, S.J.D. 1971, Harvard Law School. This article is the first chapter of Professor Arnold's book, UNEQUAL LAWS UNTO A SAVAGE RACE: EUROPEAN LEGAL TRADITIONS IN ARKANSAS, 1686-1836, which will be published later this year. l. See generally Branner, Some Old French Place Names in the State of Arkansas, 19 ARK. HIST. Q. 191 (1960). The etymology of some of these names is difficult and interesting. Who would guess very quickly, for instance, that Smackover in Union County is Chemin Couvert (covered road) in disguise? Id. at 206. Tchemanihaut Creek (pronounced 'Shamanahaw") in Ashley County is a good deal easier: Chemin a haut (high road) must have been its original name. Its initial letter, one local historian has plausibly suggested, is probably attributable to "a misguided attempt to derive the name from the Indian lan­guage." Y. ETHERIDGE, HISTORY OF ASHLEY COUNTY, ARKANSAS 17, 18 (1959). Other names should on sight be instantly intelligible to a modern Parisian, though their current pronunciation might cause him consternation: Examples are the Terre Rouge (red earth) and Terre Noire (black earth) Creeks in Clark County, the L 'Angui!le (eel) River in north­east Arkansas, and La Grue (crane) township in Arkansas county. 2. Vaugine and Bogy Townships in Jefferson County, Darysaw (Desruisseaux) Town­ship in Grant County, and Fourche La Fave (Lefevre) Township in Perry County are good examples. 391 392 UALR LAW JOURNAL [Vol. 6:391 have sufficient muscle to win a partial victory.3 As a result, as to substantive civil matters the state of Louisiana is today a thoroughly civilian jurisdiction. In the upper territory, however, by a piecemeal process beginning in 1804, the English common law was insinuated into the legal system, until, in 1816, it was at last adopted virtually wholesale by the General Assembly of the Missouri Territory.4 The purpose of this article is to explain why civilian legal institutions proved so weak in Upper Louisiana and especially in Arkansas. It turns out that the smallness and character of the European popula­tion in Arkansas was the main cause for the vulnerability of Euro­pean legal norms there. The reception of the common law in Arkansas was simply one element in a more general exchange of cultures which occurred following the Louisiana Purchase. I At ten o'clock on the morning of March 12, 1682, Robert Cava­lier, sieur de la Salle, having been commissioned four years earlier by Louis XIV of France to explore and take possession of the Mis­sissippi and its tributaries, drew near the Quapaw Village of Kappa. The village was located on the right bank of the Mississippi River about twenty miles north of the mouth of the Arkansas. From the war chants emanating from the Indian town, La Salle judged that he was in for a hostile reception; so he hastily constructed a "fort" on an island opposite the village and awaited developments. Soon, however, the Quapaw chief sent the calumet of peace, and La Salle and his men went to Kappa where they were received with every possible demonstration of affection both public and private. Asked by the Quapaws for help against their enemies, La Salle promised that they could thenceforth look for protection to the greatest prince of the world, in whose behalf he had come to them and to all the other nations who lived along and around the river. In return, La Salle said, the Quapaws had to consent expressly to the erection in their village of a column on which His Majesty's arms were to be painted, symbolizing their recognition that he was the master of their lands. The Indians agreed and Henry de Tonti, La Salle's lieutenant 3. See generally G. DARGO, JEFFERSON'S LOUISIANA: POLITICS AND THE CLASH OF LEGAL TRADITIONS (1975). 4. 1 LAWS OF A PUBLIC AND GENERAL NATURE, OF THE DISTRICT OF LOUISIANA, OF THE TERRITORY OF LOUISIANA, OF THE TERRITORY OF MISSOURI, AND OF THE STATE OF MISSOURI, UP TO THE YEAR 1824, ch. 154 (1842). 1983) COLONIAL LEGAL SYSTEM 393 and commandant of one of the two brigades in the company, imme­diately caused the column to be fashioned. On it was painted a cross and the arms of France, and it bore these words: Louis the Great, King of France and of Navarre, rules. 13th of March, 1682. Tonti then conducted the column with all the French men-at-arms to the plaza of the village, and, La Salle taking up a position at the head of his brigade and Tonti at the head of his, the Reverend Fa­ther Zeno be Membre sang the hymn 0 crux, ave, spes unica. The company then went three times around the plaza, each time singing the psalm Exaudiat te Dominus and shouting vive le roy to the dis­charge of their muskets. They then planted the column while re­peating the cries of vive le roy, and La Salle, standing near the column and holding the king's commission in his hand, spoke in a loud voice the following words in French: On behalf of the very high, very invincible, and victorious prince Louis the Great, by the grace of God, King of France and of Navarre, the fourteenth of this name, today, the 13th of March, 1682, with the consent of the nation of the Arkansas assembled at the village of Kappa and present at this place, in the name of the king and his allies, I, by virtue of the commission of His Majesty of which I am bearer and which I hold presently in my hand . , have taken possession in the name of His ffi.ajesty, his heirs, and the successors to his crown, of the country of Louisiana and of all the nations, mines, minerals, ports, harbors, seas, straits, and roadsteads, and of everything contained within the same . . . . After more musket-firing and the giving of presents the Indians cele­brated their new alliance throughout the night, pressing their hands to the column and then rubbing their bodies in testimony to the joy which they felt in having made so advantageous a connection. Thus did France gain sovereignty over and ownership of Arkansas. The reason that we know all these details and more about La Salle's activities in Arkansas is that he had requested, and received, from Jacques de la Metairie, the notary who was in his company, a lengthy proces-verbal describing the events at Kappa and officially attesting their occurrence.5 This was Arkansas's first exposure to civilian legal processes. It would be almost 150 years before the influence of the civil law ceased to make itself felt there. 5. 2 P. MARGRY, DECOUVERTES ET ETABLISSEMENT DES FRAN<;:AIS DANS L'0UEST ET DANS LE SUD DE L'AMERIQUE SEPTENTRIONALE, 1614-1754 (1881). 394 UALR LAW JOURNAL [Vol. 6:391 II Arkansas Post was the first European establishment in the lower Mississippi valley. It was first located about twenty-seven miles by river from the mouth of the Arkansas on the edge of Little Prairie at what is now called the Menard Site. (See Figure 2). Set­tled in 1686 by six tenants of Henry de Tonti to whom La Salle in 1682 had granted the lower Arkansas as a seignory, 6 it was to serve as an Indian trading post and as an intermediate station between the Illinois country and the Gulf of Mexico.7 Tonti's plans for the place had been large indeed. In 1689 he promised the Jesuits to build a house and chapel at the Arkansas and to grant a resident priest a sizeable amount of land; while there, Tonti confidently asserted, the priest could "come and say mass in the French quarter near our fort."8 No priest in fact established himself during Tonti's ownership of the Arkansas and his French quarter and fort never materialized. When in an undated grant of land to Jacques Cardinal, one of his men at the Post, Tonti styled himself seigneur de ville de Tonti (lord of the town of Tonti),9 he was in the grips of an excessive enthusi­asm. There is no evidence that the European population of the place ever exceeded six. In fact, when Joutel arrived there in 1687 there were only two Frenchmen remaining in residence; 10 and the single log house he descpbed is apparently the only structure ever erected at Tonti's Post. Joutel remarked of Tonti's two traders that "if I was joyous to find them, they participated in the joy since we left them the wherewithal to maintain themselves for some time." Indeed, he said, "they were almost as much in need of our help as we of theirs." He ridiculed the whole idea of a post at that location. "The said house," Joutel noted sarcastically, "was to serve as an 6. See Faye, The Arkansas Post ef Louisiana: French Domination, ;26 LA. HIST. Q. 633, 635-36 ( 1943). 7. Such was the view of Father Douay, a Jesuit who described Tonti's post in 1687. See M. THOMAS, THE ARKANSAS POST OF LOUISIANA, 1682-1783 (M.A. Thesis, University of California, 1948). 8. Tonti's grant to the Jesuits is quoted in 1 M. GIRAUD, A HISTORY OF FRENCH LOUI­SIANA 8 (J. Lambert trans., 1974). 9. The grant is translated in THE FRENCH FOUNDATIONS 396 (T. Pease & R. Werner eds., 1934). 10. Faye, supra note 6, at 735. 1983] COLONIAL LEGAL SYSTEM Henry de Tonti, lieutenant of La Salle. He founded Arkansas Post in 1686 and in the late seventeenth century styled himself seigneur de ville de Tonti. He was the first European to possess judicial authority in Arkansas. (Courtesy of the Museum of the History of Mobile). 395 396 UALR LAW JOURNAL · [Vol. 6:391 entrepot [way-station] for the French who travelled in these parts, but we were the only ones whom it so served." 11 Short of supplies and virtually inaccessible, the tiny outpost never prospered. The war with the Iroquois closed the route to Ca­nada and made trade to and from Arkansas impossible much of the time until 1693.12 By 1696, Jean Couture, Tonti's lieutenant and commandant at the Post, had deserted to the English, 13 and in 1699 Jesuit missionaries to the Quapaws found no trace of a French set­tlement. 14 By then the French had evidently abandoned the Arkan­sas, though there may have remained behind a "few white savages thereabouts as wild as red savages." 15 However grandiose and ambitious had been the schemes of Tonti, they would soon come to seem tame. In 1717 the Mercure de France, a Paris newspaper, began advertising the riches of Louisi­ana to its readers: Gold and silver could be mined there "with al­most no labor." The mountains situated on the Arkansas River would be explored, and there, one correspondent exuded, "we shall gather, believe me, specimens from silver mines, since others al­ready have gathered such there without trouble." When Cadillac sensibly protested that "the mines of the Arkansas were a dream" he was promptly committed to the Bastille "on suspicion of having spo­ken with scant propriety against the Government of France."16 The man behind the propaganda campaign was John Law, a Scot, who owned a bank in Paris and who had in 1717 succeeded in securing for his Compagnie d'Occident a monopoly on Louisiana trade. Law's company recruited thousands of colonists to settle in Louisiana and the king granted it authority to grant land from the 11. Joutel Remarques sur /'Ouvrage de Tonti Re/at(( a la Louisiane ( 1703), Archives Service Hydrographique (Paris), vol. 115-9, no. 12 (Typescript in Little Rock Public Li­brary). The translation in the text is mine. 12. Faye, supra note 6, at 638. 13. IBERVILLE'S GULF JouRNALS 144 at n.98 (R. McWilliams ed. 1950). 14. 18 COLLECTIONS OF THE WISCONSIN HISTORICAL SOCIETY 427, at n.37 (1908). 15. Faye, supra note 6, at 646. See also I M. GIRAUD, supra note 8, at 8: "When d'Iberville reached the Mississippi [i.e., in 1699] the post had been abandoned." Some writ­ers are reluctant to say that the Arkansas was completely devoid of Europeans at this time. See, e.g., P. HOLDER, ARCHAEOLOGICAL FIELD RESEARCH ON THE PROBLEM OF THE LOCA­TIONS OF ARKANSAS POST ARKANSAS 4 (1957): "The French occupation of the general area along the lower courses of the Arkansas and White Rivers was virtually continuous from the 1680's onward." The truth is that the sources simply fail to mention any Europeans in Ar­kansas, except Jesuit missionaries, between 1699 and 1721. It is, however, hard to resist believing that a few hunters and trappers ventured from time to time into the area and established temporary camps there. Almost certainly no real settlement existed however. 16. Faye, supra note 6, at 653. 1983] COLONIAL LEGAL SYSTEM 397 Royal domain. Proprietors of the company's land grants (conces­sionaires) were given considerable latitude in choosing the spots for their settlements, since the interior of Louisiana was not well known; and they therefore exercised much discretion in locating their colonists on arrival. 17 However, the company early on had recognized the Arkansas River as an important spot, since it was thought that it might well be the best route to the Spanish mines of Mexico. Thus the company specifically directed where the Arkansas concession should be located and ordered that it be the first occu­pied. 18 It granted this concession to Law himself. In August of 1721, a group of Law's French engages (perhaps as many as eighty) took possession of land on Little Prairie at or near the site of Tonti's abandoned trading post. 19 (See Figure 2). Although Law was by then bankrupt and had fled France, the news did not reach Louisiana until after Jacques Levens, Law's director in Louisiana, had caused the Arkansas colony to be established under the command of some of his subordinates.20 By December of that year Bertrand Dufresne, sieur du Demaine, replaced Levens as director for Arkansas, and in March of 1722 he took possession of the concession and began an inventory of its effects and papers.21 On his arrival he found only twenty cabins and three arpents (about 2.5 acres) of cleared ground. He reported a total of about fifty men and women resident,22 tristes debris, Father Charlevoix called them,23 of Mr. Law's concession. They had produced only an insig­nificant harvest. Lieutenant la Boulaye was nearby with a military detachment of seventeen men.24 (See Figure 1). Despite the existence of a company store at the Arkansas con­cession, both the colony and the military establishment were in con­siderable difficulty.25 Dufresne therefore immediately released twenty of the engages from service and gave them lots to cultivate in the hopes that a better harvest of corn and wheat would be realized in 1722. In February of the following year there were only forty-one colonists remaining, divided now into two small farming communi- 17. 4 M. GIRAUD, H!STOJRE DE LA LOUISIANE FRANc_;;AISE 198 (1974). 18. Id. 19. Id. 20. Id. at 199. 21. Id. at 271. 22. Id. at 272. 23. 6 P. CHARLEVOIX, JOURNAL D'UN VOYAGE FAIT PAR ORDRE DU Roi DANS L'AMERIQUE SEPTENTRIONNALE 164 (1744). 24. 4 M. GIRAUD, supra note 17, at 273. 25. The following paragraph is based on Id. at 273-74. 398 UALR LAW JOURNAL [Vol. 6:391 ties: Fourteen men and one woman at Law's concession under Dufresne, and sixteen men, some with families, two leagues down the river with the troops. Among this latter group there lived six black slaves. 26 Benard la Harpe, while exploring the river in 1721, had predicted, or at least hoped for, a turn in the fortunes of the struggling colony, but that hope proved false and in 1727 Father Paul du Poisson, the Jesuit missionary to the Arkansas, reported that only about thirty Frenchmen remained behind.27 The military post had been abandoned two years previous. 28 Village des Arcan~as ---N Poste francais commande par le S. la Boulaie 0 - - - -, ·: ·Concession de M. Law I I L. --- ' MISSISSIPPI Figure 1 Sketch of the location of Law's colony by Du­mont de Montigny,Archives Nationales, Paris, 6 JJ-75, Piece 254. All this seemed worth recounting in some detail because for generations historians of Arkansas have believed that a colony of Germans once occupied their river. Law did recruit many Germans for settlement in Louisiana, and they were destined for the Arkan­sas, but as soon as the news of Law's bankruptcy reached the colony 26. Recensement General des Habitans Estab!ys,,.SoteJouy Arkansas et d~s Ouvrier~ ~e la Concession cy devant Apartenant a M. Law, 18 February, 1723. (Transcnpt at Lomsiana History Center, Louisiana State Museum, New Orleans). 27. Du Poisson to Father___, translated in Falconer, Arkansas and the Jesuits in 1727-A Translation, 4 PUBLICATIONS OF THE ARKANSAS HISTORICAL ASSOCIATION 352, at 375 (1917). 28. Faye, supra note 6, at 670. 1983] COLONIAL LEGAL SYSTEM 399 in June of 1721, the Compagnie des Indies took over the direction of his concession;29 and when the time arrived to transport the German immigrants to Arkansas, the company, in an economy move, de­cided instead to send them to Delaire's grant in Lower Louisiana.30 In short, none of Law's Germans ever reached Arkansas. This is a pity, as the prospect of discussing, or at least imagining, a group of German immigrants living under French law on the Arkansas River was an intriguing one--one of which the facts have now unfortu-nately deprived us. · III Before 1712, the colony of Louisiana, with a population of only a few hundred, had been entirely under military rule and regular civil regulation was altogether lacking. On September 19, 1712, the Crown granted a trade monopoly to Antoine Crozat but he was given no governmental authority: As Henry Dart noted, the charter was "only an operating contract with the duties of government re­tained in the Crown."31 However, the charter did adopt as law for the colony "nos Edits, Ordonnances Et Coutumes Et !es usages de la Prevoste Et Vitf/omte de Paris--our edicts, ordinances, and customs, and the usages of the Provostry and Viscounty of Paris."32 The Cou­tume, despite its name, was actually a small code of some 362 titles first reduced to writing in 1510,33 and treating both substantive and adjective law. It was itself terse, indeed epigrammatic; but the com­mentary on it by the time of its adoption in Louisiana was volumi­nous. 34 Annotated versions of the Coutume were therefore very popular in France and in time they found their way to Louisiana.35 Also in 1712, by a separate instrument, a new and important institution was created for the colony, the Superior Council of Loui­siana. 36 Modelled on the governmental arrangements already in 29. 4 M. GIRAUD, supra note 17, at 216. 30. Id. at 248. 31. Dart, The Legal Institutions of Louisiana, 3 SOUTHERN LAW Q. 247 (1918). This article also appears in 2 LA. HIST. Q. 72 (1919). 32. The charter is printed in 4 PUBLICATIONS LA. HIST. Soc. 13, at 17 (1909). 33. For a precis of its provisions, title by title, see Schmidt, History ef the Jurisprudence of Louisiana, l LA. L. J., no. l, l (1841). 34. The most useful eighteenth-century commentary is C. FERRIERE, CoMMENTAIRE SUR LA CouTUME DE LA PREVOTE ET VICOMTE DE p ARIS. It is available in several editions. 35. Dart, The Law Library ef a Louisiana Lawyer in the 18th Century, 25 REPORTS OF THE LOUISIANA BAR ASSOCIATION 12, at 22 et seq. (1924). 36. See Dart, supra note 31, at 249 et seq. See also, for some discussion of the work of this body, Hardy, The Superior Council in Colonial Louisiana, in FRENCHMEN AND FRENCH 400 UALR LAW JOURNAL [Vol. 6:391 place in other French colonies, the Council had original and exclu­sive jurisdiction to decide disputes arising anywhere in Louisiana. It consisted of the Lieutenant General of New France; the Intendant of the same; the Governor of Louisiana; a first councilor of the king; two other councilors; the attorney general; and a clerk. Judgments in civil cases required the concurrence of at least three members and in criminal cases at least five. The Council was originally created to exist for three years, but on September 7, 1716, it became by virtue of a Royal Edict a permanent institution.37 In 1717 a fundamental change occurred in the government of Louisiana. In that year Crozat, having lost an enormous sum under his operating charter, surrendered it, and John Law's Compagnie d'Occident was given a monopoly over trade in the colony. In addi­tion, unlike Crozat's company, the Compagnie d'Occident was granted extensive governmental authority: It had the power to ap­point the Superior Council, to name governors and military com­mandants, and to appoint and remove all judges. The charter also provided that "Seront tous !es juges Etbalis en tous !es d. Lieux tenus de juger suivant !es Loix Et ordonnances du Royaume Et se Con-former a la Coutume de la prevoste Et Vicomte de Paris. . . ."; that is, that "all the judges established in all the said places shall be bound to judge according to the laws and ordinances of the realm, and [shall also be bound] to conform to the customs of the Prevostry and Viscounty of Paris."38 This portion of the charter obviously provided for the reception of general French legislation and the Custom of Paris. In addition, it has been shown that subsequent French legislation, as soon as it was registered in the colony, and the legislation of the Superior Council itself, formed part of the body of colonial Louisiana law.39 The subsequent French legislation was of three distinct sorts: (a) general legislation; (b) special colonial legis­lation; ( c) colonial legislation passed specifically for Louisiana. 40 Two years later we hear for the first time about inferior courts for outlying portions of the colony. On September 12, 1719, the king noted the need to appoint persons to act as judges "to facilitate w A YS IN THE MISSISSIPPI v ALLEY 87 (J. McDemott ed., 1969); Micelle, From Law Court to Local Government: Metamorphosis of the Superior Council of French Louisiana, 9 LA. HIST. 85 (1968). 37. The edict is printed in 4 PUBLICATIONS LA. HIST. Soc. 21-23 (19CS). 38. Id. at 48. 39. Baade, Marriage Contracts in French and Spanish Louisiana: A Study in "Notarial" Jurisprudence, 53 TUL. L. REV. 3, 9 (1978). 40. Id. 1983] COLONIAL LEGAL SYSTEM 401 the administration of justice in places distant from the place where the Superior Council holds it sessions."41 The "heads or directors" of concessions along with "other of our subjects, capable and of pro­bity" were to "exercise both civil and criminal justice." The edict went on to provide that, even in these inferior courts, "three judges shall sit in civil matters and in criminal matters five judges . " The plan, evidently, was to have a kind of provincial council at each settlement. The king further provided that an appeal from these lo­cal tribunals would lie in all cases to the Superior Council.42 All this was being done, of course, to make ready the way for Law's coloniz­ing schemes. In 1720 or 1721 Louisiana was for the first time divided into districts (or counties). Arkansas was one of the nine districts origi­nally created, and a local commandant and a judge was assigned to each "to put justice with greater ease in reach of the colonists."43 Presumably, and understandably, the plan to establish local councils outside New Orleans was abandoned at this time. The sources sim­ply fail us on the question of whether more than one person was expected to sit on local courts, but it could not have proved worka­ble in remote places like Arkansas to assemble a multi-member ju­dicial body. In May of 1722 the Regent issued an order creating a provincial council for Illinois, the jurisdiction of which supposedly extended from "all places on and above and Arkansas River . . . to the boundaries of the Wabash River." The commandant of the Illinois, Lieutenant de Boisbriant, was to serve as "chief and judge" of this so-called council, which in fact had only one other member.44 It thus seems to have been the plan to abolish the Arkansas district and annex its territory to its nearest northern neighbor; and the Illi­nois provincial council was directed "to hold its sessions at the places where the principal factories of the company shall be estab- 41. The edict is printed in 4 PUBLICATIONS LA. HIST. Soc. 63 (1908). 42. The translation in the text is mine. The entire edict is translated and discussed in Dart, supra note 31, at 261 et seq. Further discussion of this edict can be found in Dart, The Colonial Legal Systems of Arkansas, Louisiana, and Texas, 27 REPORTS OF THE LOUISIANA BAR ASSOCIATION 43 at 52 (1926). 43. Id. at 267. The other districts were New Orleans, Biloxi, Mobile, Alibamous, Natchez, Yazoo, N atchitotches, and the Illinois. 44. Translated extracts from this order appear in 2 J. WHITE, A NEW COLLECTION OF LAWS, CHARTERS, AND LOCAL ORDINANCES OF THE GOVERNMENTS OF GREAT BRITAIN, FRANCE, AND SPAIN, RELATING TO THE CONCESSION OF LAND IN THEIR RESPECTIVE COLO­NIES . 439-40 (1837). 402 UALR LAW JOURNAL [Vol. 6:391 lished."45 This language could have been construed to require the Illinois council to sit at the Arkansas. It is, however, very much to be doubted that such a session was ever held, and certainly it is not believeable that anyone would repair from Arkansas to Illinois to settle a grievance in 1722. It seems probable, then, that whatever judicial functions were exercised at the Arkansas were entrusted to its resident directors even after the supposed creation of the council of the Illinois. The only resident director that the Arkansas ever had was, as we saw, Bertrand Dufresne, sieur du Demaine, who arrived at the Post March 22, 1722, and he was evidently the judge from that point on. Prior to that, Jacques Levens had been director, but as he never took up residence in Arkansas we have to presume that if judicial func­tions were undertaken by anyone, it was by one or more of the three subordinates to whom Levens had entrusted the management of the struggling colony: Jean-Baptiste, Menard, Martin Merrick, and Labro.46 When Dufresne left the Arkansas around 1726 we can hardly guess the means resorted to for the settlement of disputes. Probably Father Paul du Poisson, the Jesuit missionary resident from 1727 to 1729, used his good offices to maintain order among the approximately thirty Frenchmen who had remained behind.47 It seems probable, therefore, that Arkansas's first sustained ex­posure to European legal proceedings and principles occurred in the period during which Law's Company held sway in Louisiana. Tonti's seventeenth-century feudal seignory no doubt carried with it the right to render justice. Though his charter from La Salle has not as yet come to light,48 other conveyances of La Salle's are extant; and in them he gave his grantees judicial power over small cases ("low justice" this is called) while specifically reserving important cases ("high justice") to himself. (Cases of the latter type he di­rected to be heard by the judge "who shall be established at Fort St. 45. Id. at 440. 46. 4 M. GIRAUD, supra note 17, at 272. Menard left the Arkansas in 1722 (jd., 275) and was in New Orleans in 1720. Index to the Records efthe Superior Council of Louisiana, 4 LA. HIST. Q. 349 (1921). 47. Dufresne appears in the Arkansas census of January !, 1726; but on October 21, 1726, he is described as a "settler in Arkansas, but now domiciled with Mr. Traguidy [in New Orleans]." Index to the Records of Superior Council of New Orleans, 3 LA. HIST. Q. 420 (1920). In 1727 there was no director at the Arkansas, as Father Du Poisson tells us that he took up evidence in "the India Company's house, which is also that of the commandants when there are any here . " See Falconer, supra note 27, at 371. 48. For a charter from Tonti to Jacques Cardinal, one of his men at the Arkansas, see THE FRENCH FOUNDATIONS, supra note 9, at 396. 'Fhla is tlae Olll)' grant gf Tgati's eKtastF 1983] COLONIAL LEGAL SYSTEM 403 Louis.")49 We do not know whether Tonti's charter contained iden­tical provisions but it certainly would have contained similar ones. But during the fifteen years or so that Tonti held the right to dispose of certain cases arising in his seignory, it hardly seems credible that he or his deputies ever held anything resembling a court, or even executed many instruments or documents.50 IV In 1731 the Compagnie d'Occident surrendered its charter to Louis XV, and for the rest of the period of French dominion Louisi­ana was a Crown Colony. Late that same year a military garrison was re-established in Arkansas; it consisted of twelve men com­manded by First Ensign de Coulange and was located again on the edge of Little Prairie. 51 (See Figure 2). It was apparently during the reorganization of the colony in 1731 that civil and military authority at the outposts of Louisiana were combined in the commandant of the garrison-an arrangement that would survive into the Spanish period and even for a short time during the American regime. Part of a post commandant's civil authority was to act as notary and judge. The exact scope of his judicial jurisdiction during the French period is obscure, there being no document of which I am aware which describes it specifically. Parkman, writing of condi­tions in the Illinois in 1764, says that the "military commandant whose station was at Fort Chartres on the Mississippi, ruled the Col­ony with a sway as absolute as that of the Pasha of Egypt, and judg­ed civil and criminal cases without right of appeal."52 Captain Phillip Pittman, an English engineer and Mississippi explorer who was writing at almost exactly the same time, gives a slightly different version. According to him, the Illinois commandant "was absolute 49. Concession in fee by La Salle to Pierre Prudhomme, in id. at 32. 50. When Tonti petitioned for confirmation of his charter, he was evidently refused. The petition is printed in E. MURPHEY, HENRY DE TONTI, FUR TRADER OF THE MISSISSIPPI 119 (1941). It is possible that La Salle did not have the power to make permanent grants and that may be the reason that Tonti needed confirmation. The Letters Patent of May 12, 1678, giving La Salle the right to explore "the western part of New France" in the king's behalf, gave him the power to build forts wherever he deemed them necessary; and he was "to hold them on the same tern1s and conditions as Fort Frontenac." See T. FALCONER, ON THE DISCOVERY OF THE MISSISSIPPI 19 (1844). La Salle said expressly in 1683 that this allowed him to "divide with the French and the Indians both the lands and the commerce of said country until it may please his majesty to command otherwise . " See THE FRENCH FoUNDATio~;upra note 9, at 43. The language is ambiguous, but on one permissible read­ing it indicates a specifically reserved power in the king to revoke grants made by La Salle. 51. Faye, supra note 6, at 673. 52. Quoted in Dart, supra note 31, at 249. 404 UALR LAW JOURNAL [Vol. 6:391 in authority, except in matters of life and death; capital offences were tried by the council at New Orleans."53 Of course, the Arkan­sas commandant's judicial jurisdiction was not necessarily as exten­sive as that possessed by the commandant of the Illinois. He may very well have been subordinate to the Illinois commandant during most of the French period. Some fitful light is thrown on the judicial authority of the Ar­kansas commandant by an interesting proceeding which took place at the Post in 1743.54 In October of that year, Anne Catherine Chenalenne, the widow of Jean Francois Lepine, petitioned Lieu­tenant Jean-Francois Tisserant de Montcharvaux, whom she styled "Commandant for the King at the Fort of Arkansas," asking him to cause an inventory and appraisal to be made of the community property in her possession. The object in view was to make a distri­bution to the petitioner's son-in-law and daughter who had the pre­vious May lost all their goods when attacked by Chickasaws on the Mississippi not far below the mouth of the Arkansas. They had nar­rowly escaped with their lives.55 Widow Lepine had decided to make a distribution to "her poor children, at least to those who have run so much risk among the savages." She was preparing to marry Charles Lincto, a well-to-do resident of the Post, and she wished to dissolve the old community which by custom had continued after her husband's death in her and their children. The commandant informed Madame Lepine that on 26 Octo­ber, 1743, he would inventory the "real and personal property de­rived from the marital community" and would bring with him two persons to look after the widow's interest and two to represent the children. The idea was that each party in interest should have in­dependent appraisers present to insure the impartiality of the inven­tory and evaluation. De Montcharvaux in the presence of these and other witnesses caused the inventory to be made on the appointed day. The estate was fairly sizeable, being valued at 14,530 /ivres and 10 sols. It contained a great deal of personalty, including four slaves, a number of animals, 1600 pounds of tobacco, and notes and accounts receivable; the realty noted was "an old house" with three small outbuildings. Interestingly, no land was mentioned. There are two possible explanations for the absence of land in S3. P. PITTMAN, THE PRESENT STATE OF THE EUROPEAN SETTLEMENT ON THE M1ss1s­SIPPI S3 (1770) (Reprinted with intro. by R. Rea 1973). S4. The relevant documents are translated in Core, Arkansas through the Looking Glass ef 1743 Documents, 22 GRAND PRAIRIE HISTORICAL SOCIETY BULLETIN 16 (1979). SS. This incident is reported and discussed in Faye, supra note 6, at 677-78. 1983] COLONIAL LEGAL SYSTEM 405 the inventory. One is that land may not have been actually granted to Arkansas settlers but only given over temporarily to their use. The other possibility is that the land on which the house was built had belonged to Lepine before the marriage and had remained his separate property under his marriage contract or under the general provisions of the Coutume de Paris. The Coutume, which, as we have seen, was in force in French Louisiana, provided that all mov­ables (personalty), belonging to a husband or wife, whenever ac­quired, became part of the community; but only certain immovables (realty) acquired after the marriage were so treated.56 This rule could be altered by contract, but in Louisiana, as in France, the Cou­tume was often specifically incorporated into marriage contracts by future spouses in defining the regime that would rule their prop­erty; 57 and if there was no contract provision creating a property regime, the Coutume of course automatically applied. The inventory is said to have been made "Pardevant nous Jean Francois Tisserant Ecuyer Sieur Demoncharvaus Commandant pour le Roy au Fort des Arkansas." The formulapardevant nous ("before us") is Parisian notarial boiler-plate and indicates that the comman­dant was acting in his surrogate notarial capacity. To an American common lawyer, the notary is not a member of the legal profession, not even a paralegal. But in seventeenth- and eighteenth-century France he enjoyed a much more elevated status, as indeed he still does in that country. Originally an official of the medieval Euro­pean ecclesiastical courts, the notary developed into a nonconten­tious secular legal professional in France. In England, partly because the canon and secular laws were not on speaking terms, "the notarial system never took deep root."58 For one thing, an im­portant aspect of the notary's duties, his authority to "authenticate" documents, was of little use to the English. The whole notion of a state-sanctioned authenticator of private acts was entirely foreign to the common law: Whereas in France we see notaries "making" and "passing" contracts, the common law left that to the parties. The state was very much in the background in England, and was called upon only to enforce obligations that arose by force of nature. The other aspect of the French notary's duties, the drafting of instruments, conveyancing, and the giving of legal advice, was per- 56. See Baade, supra note 39, at 7, 8. 57. Id. at 25. 58. l F. POLLOCK & F. MAITLAND, A HISTORY OF ENGLISH LAW 218 (2d ed., reissued with intro. by S. Milsom 1968). 406 UALR LAW JOURNAL [Vol. 6:391 formed by the regular legal profession in England. It is true that there was a scriveners' company organized in London in the six­teenth century which was granted a charter in the reign of James l.59 Members were empowered to draft legal documents, especially obli­gations (or bonds), and they gave a certain amount of low-level le­gal advice particularly in commercial and banking matters. 60 The few secular notaries who practiced in London at that time con­cerned themselves mainly with drafting documents relevant to inter­national trade, and they were members of this company.61 But in the eighteenth century the company lost its effort to keep common­law attorneys from competing, and in 1804 parliament made con­veyancing the monopoly of the regular legal profession.62 In con­trast, the French notary's duties by the eighteenth century had come to include not only the familiar ones of administering oaths, taking acknowledgements, and giving "authenticity" to "acts" of private persons by attesting them officially, but they also ran generally to the drafting of documents, conveyancing, and the giving of practical legal advice.63 It is not surprising, therefore, that notaries would 59. See 12 w. HOLDSWORTH, A HISTORY OF ENGLISH LAW 70 (1938). See generally on the notary in England, Gutteridge, The Origin and Development ef the Profession of Notaries Public in England, in CAMBRIDGE LEGAL ESSAYS 12 (1926). 60. 12 w. HOLDSWORTH, supra note 59, at id. 61. 5 w. HOLDSWORTH, supra note 59, at 115 (3d ed. 1945). 62. 12 w. HOLDSWORTH, supra note 59, at 71-72; T. PLUCKNETT, A CONCISE HISTORY OF THE COMMON LAW 227-28 (5th ed. 1956). 63. As draftman of wills, marriage contracts, and conveyances, Mons. le Notaire has survived in France as a much respected person, especially in the country villages. He is a general non-forensic legal practitioner, his part in the legal scheme "being confined to vol­untary as distinct from contentious jurisdiction." Brown, The office of Notary in France, 2 INT'L & COMP. L. Q. 60, at 64 (1953). Indeed, the French notary is close to the equivalent of the English solicitor, except for the latter's participation in litigation. Thus one modern-day commentator opined that "a solicitor would feel much at home in the etude of the French notary, though he would be surprised, and perhaps disappointed, by the cordiality of the morning post." Id. at 71. Today in Louisiana as well the notary enjoys considerable powers. See Burke & Fox, The Notaire in North America: A Short Study of the Adaptation of a Civil Law Institution, 50 TUL. L. REV. 318, at 328-32 (1975); Brosman, Louisiana-An Accidental Experiment in Fu­srim, 24 TUL. L. REV. 95, 98-99 (1949). The Louisiana notary has the power "to make inventories, appraisements, and petitions; to receive wills, make protests, matrimonial con­tracts, conveyances, and generally, all contracts and instruments of writing; to hold family meetings and meetings of creditors; . to affix the seals upon the effects of deceased per­sons and to raise the same." LA. STAT. ANN.§ 35:2 (1964). When the Louisiana legislature defined the practice of law, and prohibited all but licensed attorneys from engaging in it, it therefore remembered to except acts performed by the notary which were "necessary or incidental to the exercise of the powers and functions of (his] office." LA. STAT. ANN. § 37:212(B) (1974). A walk through modern-day New Orleans will reveal a number of signs proclaiming the existence of "Law and Notarial Offices", a combination having an odd ring in the ears of an American common lawyer. The Louisiana notary is simply "a different and 1983] COLONIAL LEGAL SYSTEM 407 make an appearance in eighteenth-century Louisiana. In New Orle­ans, of course, there was much work for them, but there were also provincial notaries operating in Biloxi, Mobile, Natchitoches, Pointe Coupee, and Kaskaskia.64 Since De Montcharvaux acted as notary for the Lepine inven­tory, it is reasonably clear that there was no provincial notary resi­dent at the Arkansas at that time. This comes as no surprise since in 1746 there were at the Post only twelve habitant families, ten slaves, and twenty men in the garrison, 65 hardly a sufficient European pop­ulation to require or attract a law-trained scrivener. When it was time to have their marriage contract made, the widow Chenalenne and her future spouse executed it in New Orleans. No doubt there was available there legal advice on which they might more comfort­ably rely.66 Besides, there was at that time no resident priest at the Post to perform the marriage. v On May 10, 1749, an event occurred that considerably reduced the European population of Arkansas and also made it difficult to attract settlers there for some time. On that day, the Post was at­tacked by a group of about 150 Chicaksaw and Abeka warriors. Their coming was undetected67 and thus they caught the small habi­tant population altogether unaware. They burned the settlement, killed six male settlers, and took eight women and children as slaves.68 The census taken later that year shows, not surprisingly, that the population had decreased since the previous census. Seven more important official person than is the notary public in other jurisdictions of the United States." Brosman, supra at 98. 64. See Baade, supra note 39, at 12. 65. Memoire sur /'Eta! de la Colonie de la Louisiane en 1746. Archives des Colonies, Archives Nationales, Paris [hereinafter cited as ANC], Cl3A, 30:242-281, at 249, (Typescript of original document available at Little Rock Public Library). As the average family size in Arkansas in the middle of the eighteenth century was about four, this would put the number of habitant whites at the Post at about forty-eight. 66. For an abstract of this marriage contract, see Records o.f the Superior Council o.f Louisiana, 13 LA. HlsT. Q. 129 (1944). 67. However, the habitants may have had a warning that something was afoot, for on May l, Francois Sarrazin had written from Arkansas that "two savages have killed a man and a woman and burnt a man in the frame." Records efthe Superior Court o.f Louisiana, 20 LA. HlsT. Q. 505 (1937). This incident may have been connected with the attack nine days later. 68. Vaudreuil to Rouille, September 22, 1749, calendared in THE VAUDREUIL PAPERS 59-60 (B. Barron ed., 1975). See also Faye, supra note 6, at 684 et seq. W. BAIRD, THE QUAPAW INDIANS: A HISTORY OF THE DOWNSTREAM PEOPLE 34 (1980), gives the number taken as slaves as thirteen. 408 UALR LAW JOURNAL [Vol. 6:391 men, eight women, eight boys, and eight girls remained, a total of only thirty-one white habitants at the Poste des Akansa .69 Nor did all this mark an end to serious trouble. When in June of 1751 First Ensign Louis-Xavier-Martin de Lino de Chalmette, the comman­dant of the Post, went uninvited to New Orleans to consult with the governor, his entire garrison of six men took the opportunity to de­sert. 70 Things were obviously at a critical juncture. When later in 17 51 Lieutenant Paul Augustin le Pelletier de la Houssaye took command at Arkansas he found there a post recently rebuilt by its habitants and _voyagij,tfrs and probably already relo­cated to a spot ten or twelve miles upriver at the edge of the Grand Prairie. (See Figure 2). It is clear that Governor Vaudreuil had determined to hold the Arkansas even if the cost proved high, for he assigned to De La Houssaye a large company of forty-five men.71 The lieutenant was also authorized to build a new fort; government funds being lacking, he undertook the construction at his own ex­pense in return for a five-year Indian trade monopoly.72 This new beginning could, in the nature of things, have given only a slight lift to the prospects for sustained settlement in the Ar­kansas country. Late in 1752 Governor Vaudreuil was informed that the Osages had attempted an attack on Arkansas Post but had failed. 73 While this indicates a stability of sorts for the l?ost, thanks no doubt to the size of the new garrison, still the perceived danger must have been so high as to discourage all but the most intrepid from taking up residence at the Arkansas. Mentions of Arkansas in the legal records tend to emphasize the dangerousness of the place. For instance, a couple from Pointe Coupee, on the verge of leaving for a hunting trip to the White River country, thought it best to deed their property to a relative, with the stipulation that the deed was to be void if they returned.74 It is not surprising, therefore, that even as late as 1766, the last year of French dominion, only eight habitant families, consisting in all of forty white persons, were resident at Arkansas Post.75 69. Arkansas Post Census, 1749, Loudon Papers 200, Huntington Library, San Marino, CA. There were also fourteen slaves resident at the post and sixteen voyageurs who had returned after their winter's work. There were five hunters on the White River and four on the St. Francis. Thirty-five hunters had failed to return from the Arkansas River. 70. Faye, supra note 6, at 708. 71. Id. at 211. 72. Id. 73. THE VAUDREUIL PAPERS, supra note 68, at 136. 74. Index to the Records of the Superior Council of Louisiana, 24 LA. HlsT. Q. 75 (1941). 75. See Din, Arkansas Post in the American Revolution, 40 ARK. HIST. Q. 3, at 4 (1981). 1983] COLONIAL LEGAL SYSTEM 409 All of these difficulties, and others, made for a place in which it might be regarded as too polite to expect the presence of much which corresponds to a legal system. In addition, political exigen­cies sometimes interfered to such an extent that the application of even-handed legal principle became inexpedient and thus entirely impracticable. For instance, the continued existence of the Arkan­sas settlement depended heavily on the loyalty of the Quapaws and their wishes were therefore relevant to any important decision made there. Their influence could extend even to the operation of the le­gal system as the following incident demonstrates. On 12 September, 1756, a meeting was held in the Government House in New Orleans to hear an extraordinary request from Guedetonguay, the Medal Chief of the Quapaws.76 His tribe had captured four deserters from the Arkansas garrison and had re­turned them; but the chief had come on behalf of his nation to ask Governor Kerlerac to pardon the soldiers. One of those captured, Jean Baptiste Bernard, in addition to having deserted, had killed his corporal Jean Nicolet within the precincts of the fort. The chief, obviously a great orator, said that he had come a long distance to plead for the soldiers' lives despite the heat and the demands of the harvest; and in his peroration he said that his head hung low, hi~ eyes were fixed to the ground, and his heart wept for these men. He knew, he explained, that if he had not come they would have been executed, and this was intolerable to him because he regarded them as his own children. He recited many friendly acts of the Qua paws to prove the fidelity of his people to the French. Among them was the release of six slaves (perhaps Chicaksaws cap­tured by the Quapaws) "who would have been burned" otherwise, and the recent capture of five Choctaws and two trespassing Eng­lishmen. He himself, he noted, had recently lost one son and had had another wounded in the war against the Chickasaws; and he . counted this "a mark of affection for the French." In recompense he asked for the pardon of the soldiers. The chief added that this was the only such pardon his nation had thus far requested, and he promised never to ask again. He did not doubt that Kerlerac, "the great chief of the French father of the red men," charged to govern them on behalf of "the great chief of all the French who lived in the 76. What follows is based on a memorandum entitled "Harangues faites dans /'assemb/ee tenue a /'hotel du gouvernment cejourdhui, 20 Juin 1756," found in ANC, Cl3A, 39:177-180 (Transcript at Little Rock Public Library). The translations are mine. 410 UALR LAW JOURNAL [Vol. 6:391 great town on the other side of the great lake," would listen and do the just thing. Guedetonguay left his best argument for last. He maintained vigorously that, under his law, any criminal who managed to reach the refuge of the Cabanne de Valeur where the Quapaws practiced their religious rites was regarded as having been absolved of his crime. It was their custom everywhere that the chief of the Cabanne de Valeur "would sooner lose his life than suffer the refugee to un­dergo punishment for his crime." Evidently the soldiers were claim­ing this right; and Ouyayonsas, the chief of the Cabanne de Valeur, was there to back them up. This last argument was an excellent one because it called upon the French to recognize an established Indian usage not dissimilar from the European custom of sanctuary. And the argument carried with it a threat of violent reaction if the cus­tom were not allowed. Kerlerac answered the chief that he was not unmindful of the past services of the Quapaws, nor was he ungrateful for them. "But," he said, "I cannot change the words declared by the great chief of all the French against such crimes, and . . . it would be a great abuse for the future" to pardon the soldiers. So, he continued, "despite all the friendship that the French have for you and your nation, these men deserve death." The great chief stood for a long time with his head down and finally answered ominously that he could not be responsible for the revolutions which the chief of the privileged house might stir up-­revolutions which he said ''would not fail to occur." The argument continued and the governor offered to grant the chief "anything else except these four pardons." But Guedetonguay stubbornly main­tained that "the sole purpose of his journey was to obtain the par­don of the four men." In the end the Governor extracted from the Quapaw chiefs "publicly and formally their word . . . that they would in the future deliver up all deserting soldiers as malefactors or other guilty persons without any restriction or condition whatso­ever, and that . pardons would be accorded at the sole discretion of the French." No immediate decision was reached by the Governor, but later that day some of his advisors, having reflected on what they had heard, reckoned "that a refusal of the obstinate demands of these chiefs . . . the faithful allies of the French would only involve the colony in troublesome upheavals on the part of the said nations who have otherwise up to the present served very faithfully." They con- 1983] COLONIAL LEGAL SYSTEM 411 eluded that "saving a better idea by Monsieur le Gouverneur it would be dangerous, under all the present circumstances, not to sat­isfy the Indians with the pardons which they demanded." The governor took the advice but evidently did not write to Berryet, the French Minister of the Marine, for some time to tell him about it. From the comfort of Versailles it was easy for Berryet to pick at Kerlerac's decision.77 In responding to Kerlerac, Berryet first made the point that Bernard's case was different from that of the other captured soldiers since he was accused of homicide in ad­dition to desertion. Then, too, the minister had a lot of questions. Could not the difference in Bernard's case have been urged on the Arkansas chiefs to get them to relent in his case? Where was the record of the legal proceedings which should have been conducted relative to the killing? If this was a wilfull murder the pardon had been conceded too easily. "It would be dangerous," the minister warned, ''to leave such a subject in the colony, not only because he would be an example of impunity but also because of new crimes that he might commit." (The arguments of general and specific de­terrence are not very recent inventions.) Finally, the governor was sternly admonished "not to surrender easily to demands of this sort on the part of the savages . If on the one hand it is necessary, considering all the present circumstances, to humor the savages, it is also necessary to be careful of letting them set a tone that accords neither with the king's authority nor the good of the colony." Nevertheless, the minister talked to the king and he ratified the governor's decision. Writs of pardon were therefore issued under the king's name for each of the Arkansas soldiers. Because the homicide committed by Bernard was not a military crime and was cognizable therefore by the Superior Council of Louisiana, his par­don was directed to the Council. Interestingly, though Berryet ad­mitted knowing nothing of the circumstances surrounding the killing, the pardon recited that a quarrel had arisen between Ber­nard and Nicolet, that they had beaten each other, that Bernard : "had had the misfortune to kill the said Nicolet," and that the death "had occurred without premeditated murder."78 Thus Louis XV pardoned Jean Baptiste Bernard for killing by mischance when there was no evidence adduced as to the facts resulting in Nicolet's 77. What follows is based in Berryet's letter to Kerlerac and Bobe Descloseaux dated July 14, 1769. ANC, B, 109:487-88 (Transcript at Little Rock Public Library). The transla­tion is mine. 78. The pardon (brevet de grtJce) was enclosed in the letter and is ANC, B, 109:489 (Transcript at Little Rock Public Library). The translation is mine. 412 UALR LAW JOURNAL [Vol. 6:391 death. The decision was generated simply by a desire to accommo­date an important ally. Faithful adherence to legal principle some­times had to take a back seat to the more compelling demands of politics. VI Father Louis Carette, the Jesuit missionary who came to the Post of Arkansas in 1750, nevertheless attempted to bring some or­der to the legal affairs of the place. As he noted in a procuration (power of attorney) dated at Arkansas in 1753, he was "authorized by the king to make in every post where there is not a Notary Royal all contracts and acts . "79 There is no evidence that he had any formal legal training, but he was a Jesuit, and thus a learned man, one of a handful of such who would make their residence in eight­eenth- century Arkansas. The 1753 procuration is itself of some interest, as it sheds light on how litigants whose cases were technically beyond the jurisdic­tion exercised by the Arkansas commandant (whatever that was) might have had their cases heard if they wanted to resort to regular methods of dispute settlement. As incredible as it seems, it is prob­able that the only court of general jurisdiction in the entire colony was the Superior Council of Louisiana. Now, in 1763 La Harpe said that it was a two-week boat trip from the Arkansas to New Orleans, and six to eight weeks back.80 Obviously, the procuration was an important device for people in remote posts like Arkansas, for it enabled them through their attorneys, in the language of the docu­ment under discussion, "to act . . . as though they were personally present."81 Convoys or individual vessels travelled down the Mis­sissippi frequently enough to make this means of tending to legal affairs more tolerable than it might otherwise have been. In this case, the attorney chosen was Commandant de la Houssaye, and he was deputed to act in a probate matter at Pointe Coupee for Etienne de Vaugine de Nuysement and his wife Antoinette Pelagie Petit de Divilliers. An interesting feature of procurations which increased their utility and flexibility was that they were assignable. This fea­ture came in handy in this instance since De La Houssaye, having 79. Index to the Records of the Superior Council of Louisiana, 22 LA. H!sT. Q. 255 (1939). 80. La Harpe to Chosseul, August 8, 1763, ANC, Ci3B, 1 (Typescript in Little Rock Public Library). 81. Records, supra note 79, at id. 1983] COLONIAL LEGAL SYSTEM 413 been detained at the Arkansas due to illness, simply transferred the power of attorney to a member of the Superior Council "to act in my place as myself."82 Perhaps one of the reasons that Carette had acted as notary in this instance was that the only other person in the little community authorized so to act, the commandant, was a party to the instru­ment. But in the French period priests were given general notarial powers and could act even in the absence of circumstances disabling the commandant. For instance, Carette acted as notary, and thus probably draftsman, for a marriage contract in which the comman­dant was not interested. This was the marriage contract of Francois Sarrazin and Francoise Lepine, executed at Arkansas Post on Janu­ary 6, 1752. Marriage contracts have no exact parallel in common-law prac­tice, and it thus seems worthwhile, before discussing the particulars of the Sarrazin-Lepine contract, to devote some time to their expla­nation and description. In a recent seminal study, Professor Hans Baade has outlined the provisions which one typically finds in mar­riage contracts executed in accordance with eighteenth-century Pari­sian notarial practice.83 The first and invariable undertaking by the future spouses was a promise to celebrate their marriage in facie ec­c! esiae. The parties would then choose the regime which would govern their property during the marriage. Next would come a dec­laration that the ante-nuptial debts of the parties were to remain their separate obligations; this was followed by a disclosure of the parties' assets, a requirement for the validity of the previous provi­sion. The dowry brought to the marriage by the wife was next re­cited; and delineating preciput, the right of the spouse to specific property in the event of dissolution of the community, frequently followed. Finally came the donation clause, usually a reciprocal grant of all or part of the predeceasing spouse's estate. In Louisiana, this donation, in order to be valid, had to be registered with the Superior Council in New Orleans. An inspection of the Sarrazin-Lepine marriage contract reveals that it very clearly drew on these French notarial precedents, and it reflects, moreover, an awareness of the practical requirements of the Louisiana registration provisions. It contained a promise to cele­brate the marriage in regular fashion, the creation of a community property regime, a clause stating the amount of the wife's dowry, a 82. Id. 83. What follows is taken from Baade, supra note 39, at 15-18. 414 UALR LAW JOURNAL [Vol. 6:391 mutual donation to the survivor of all property owned at death, and an undertaking to have the contract registered in New Orleans.84 While there was no clause dealing with ante-nuptial debts and no mention of preciput, it is quite obvious that the good Jesuit knew more than a little about French notarial practice, and may well have had at his disposal a form book on which he could draw. He was, for all practical purposes, for a time the "lawyer" of the post as well as its cure. Before we leave this interesting document there is an aspect of it which bears detailed attention. The property regime chosen by the parties included in the community "all property, movable and immovable"85-as common lawyers would say, all property, both personal and real. In this respect the contract departs from the Cus­tom of Paris which included in the community all movables but only certain immovables (conquets) acquired after marriage. 86 Par­ties were allowed in Louisiana to contract almost any property ar­rangement they wanted, 87 and Sarrazin and Lepine had elected a somewhat unusual variety of community. Curiously, however, the contract reckoned that this regime was "in accordance with the cus­tom received in the colony of Louisiana." A few months after the execution of this contract Commandant de la Houssaye wrote to the governor to say that Monsieur Etienne V augine, a French officer, was of a mind to marry Madame de Gouyon, the commandant's sister-in-law, and he sent along "the proposed conditions for the contract of marriage."88 This was a draft of the contract, as De La Houssaye asked the governor to pass "/'exemplair du contra!" along to the New Orleans notary Chantaloux if the governor decided to give his permission for the marriage. Chantaloux was "to make it as it should be."89 Three weeks later the governor wrote to say that the contract would be sent back soon and that Chantaloux had left it intact except for one rea­sonably minor alteration.90 In 1758 Father Carette, dismayed by the irreligious inclination of his flock, left the Arkansas and no replacement was sent. In 17 64, 84. Records of the Superior Council of Louisiana, 25 LA. HlsT. Q. 856-57 (1942). 85. Id. at 856. 86. Baade, supra note 39, at 15. 87. Id. 88. La Houssaye to Vaudreuil, Dec. l, 1752, LO 410, Huntington Library, San Marino, CA. 89. Id. 90. THE v AUDREUIL PAPERS, supra note 68, at 152. 1983] COLONIAL LEGAL SYSTEM 415 Captain Pierre Marie Cabaret Detrepi, commandant at the Arkan­sas, after Madame Sarrazin had found herself widowed, passed a second marriage contract for her which was extremely unsophistica­ted and rudimentary.91 It contained only a promise to marry regu­larly and a mutual donation. Perhaps the good widow had by this time tired of long-winded formalities. Just as likely, the Post was feeling the absence of Carette's drafting skills. VII As tiny, remote, and inconsequential as the Arkansas settle­ment was, then, it is nevertheless clear that at least some of its peo­ple were part of the time adherents to French legal culture. Of course almost everyone who lived at the Post during the period of French domination was either a native of France or French Cana­dian; and by the end of the French period a substantial number of native Louisianans were there. It is most interesting to find the sur­vival of civilian legal form in so remote an outpost of empire. Obvi­ously, not all of Arkansas's residents lapsed into a kind of legal barbarism. There were, however, circumstances at work which would make it impossible for some time to establish a community which could be expected to value the observance of legal niceties very highly. As we have already seen, the Post could not have been very attractive to the more civilized settler owing to its dangerous loca­tion. Arkansas Post, moreover, over the years experienced an ex­treme physical instability since it was necessary to relocate it several times due partly to flooding. (See Figure 2). The Arkansas River was in the eighteenth century "a turbulent, silt-laden stream, subject to frequent floods which were disastrous along its lower course."92 This proved to be a considerable disincentive to settlement. Add to that the enormous expanse occupied by the alluvial plain of the Mississippi and the difficulty becomes plain enough. Almost any site within thirty miles of the mouth of the Arkan­sas carried with it a considerable risk of floods. Law's colony, on the Arkansas twenty-seven miles or so from its mouth, was said in 1721 to be "in a fertile sector but subject to floods."93 The success of the attack by the Chickasaws in 1749, when the Post was at the same 91. Records of the Superior Council of Louisiana, Feb. 11, 1764, Louisiana History Center, Louisiana State Museum, New Orleans. 92. P. HOI.DER, supra note 15, at 152. 93. 4 M. GIRAUD, supra note 17, at 273 (1974). 416 UALR LAW JOURNAL [Vol. 6:391 location, was made possible by the absence from the neighborhood of the Quapaws: Because of recent floods they had abandoned their old fields for a more promising place upstream.94 This place, called Ecores Rouges (Red Bluffs) by the French, was about thirty-six miles from the mouth of the Arkansas and was at the present loca­tion of the Arkansas Post Memorial.95 After the attack, the Post was moved to join the Indians at Ecores Rouges so as to provide for mutual protection.96 The new spot was free from floods but proved unsatisfactory from a strategic standpoint because of its distance from the Missis­sippi. The location delayed convoys and Governor Vaudreuil ex­pressed the view that "a post on the Mississippi would be more practical."97 Therefore in 1756 the Post was moved back downriver to about ten miles above the mouth. But the inevitable soon oc­curred. In 1758 heavy flooding, graphically described in a letter of Etienne Maurafet Layssard the garde magasin (storekeeper) of the Post, caused heavy damage, almost undoing the work of builders and architects who had been at work for the better part of a year. The houses were saved by virtue of being raised on stakes against such a day as this; but the habitants' fields, everything but Lays­sard's garden for which he had providently provided a levee, were entirely inundated.98 It was in fact a small enough loss. From the beginning, and understandably, the attempt to make a stable agricultural commu­nity of the Arkansas had failed miserably. There is no doubt that the European population of Arkansas during the French period con­sisted almost entirely of hunters and Indian traders. In 1726 the reporter of the Louisiana census remarked of the Arkansas that "all the habitants were poor and lived only from the hunting of the Indi­ans." 99 A 1746 report said of the twelve Arkansas habitant families 94. Faye, supra note 6, at 717-19. 95. See figure 2. 96. For details, see Appendix II to my forthcoming book, UNEQUAL LAWS UNTO A SAV­AGE RACE; EUROPEAN LEGAL TRADlTIONS IN ARKANSAS, 1686-1836. 97. THE VAUDREUIL PAPERS, supra note 68, at 118. 98. Faye, supra note 6, at 718-19. A detailed description of the repairs made in the summer of 1758, evidently necessitated by these floods, is in ANC, CBA, 40:349-50 (Type­script in Little Rock Public Library). In addition to making repairs, the builders constructed a house 26 feet long and 19 wide just outside the fort for the Indians who came there on business. It was of poteaux en terre construction, was covered with shingles, and was en­closed with stakes. The report describing the renovation and construction work of 1758 is signed by Denis Nicol~s Foucault, chief engineer of the Province of Louisiana. 99. ANC, GI, 464 (Transcript at Little Rock Public Library). 1983] COLONIAL LEGAL SYSTEM • DeWitt ARKANSAS COUNTY • Dumas I I I 0 1. 1686-1699; 1721-1749 N 1 DESHA COUNTY T I I 4 I 8 mi Figure 2 Locations of Arkansas Post, 1686-1983 2. 1749-1756; 1779-1983 3. 1756-1779 JB Based on a map drawn by John Baldwin which appeared in Arnold, The Relocation of Arkansas Post to Ecores Rouges in 1779, 42 ARK. HIST. Q. 317 (1983). Used with permission of the Arkansas Historical Association. 417 418 UALR LAW JOURNAL [Vol. 6:391 that "their principal occupation is hunting, curing meat, and com­merce in tallow and bear oil." As for cultivating the soil, the same source reported that the habitants grew "some tobacco for their own use and for that of the savages and voyageurs." 100 In 1765 Captain Phillip Pittman, an Englishman, said that there were eight families living outside the fort who had cleared the land about nine hundred yards in depth. But, according to him "on account of the sandiness of the soil, and the lowness of the situation, which makes it subject to be overflowed," their harvest was not enough even to supply them with their necessary provisions. Pittman noted that "when the Mis­sissippi is at its utmost height the Lands are overflow' d upwards of five feet; for this reason all the buildings are rais'd six feet from the ground." Thus the residents of the Arkansas, he said, subsisted mainly by hunting and every season sent to New Orleans "great quantities of bear's oil, tallow, salted buffalo meat, and a few skins." 101 Both Layssard102 and Father Watrin103 hint that the discour­agement produced by the frequent flooding contributed to Father Carette's decision to leave. However that may be, it must be clear that during the period of French dominion the Post did not provide fertile soil for either crops or religion. Would regular bourgeois le­gal procedures have generally been afforded a more cordial accept­ance? Even absent direct evidence, this would in the abstract seem most unlikely. Unsafe, unstable, and uncomfortable, the Arkansas Post of Louisiana during the period of French dominion must surely also have been largely unmindful of bourgeois legal values. It is true, as we have seen, that some of the Post's residents tried to maintain a connection between their remote outpost and Euro­pean legal culture. But the few legal records that chance has al­lowed to come down to us from the French period are remarkable not only for their small number but also for the social and economic characteristics they reveal of the people who figured in them. They were an elite, related by marriage and blood, struggling under the difficult circumstances of their situation to participate in regular le- 100. Memoire, supra note 65 (Transcript at Little Rock Public Library). 101. P. PITTMAN, supra note 53, at xliv, 40-41. 10+. See ANC, Cl3A, 40:357 (Transcript in Little Rock Public Library). Layssard there remarks that the inhabitants at Arkansas were too poor to build a levee, and that "the Father would rather leave than go to such an expense. He is very poor." 103. See J. DELANGLEZ, THE FRENCH JESUITS IN LOWER LOUISIANA 444, where Watrin is quoted as saying that, despite there being little hope for conversion of the Quapaws, Fa­ther Carette "nevertheless followed both the French and the savages in their various changes of place, occasioned by the overflowing of the Mississippi near which the post is situated." 1983] COLONIAL LEGAL SYSTEM 419 gal processes. The probate proceeding of 1743 was instituted by one of the most well-to-do residents of Arkansas in the person of Anne Catherine Chenalenne, widow of Jean Francois Lepine. The com­munity property inventoried included four slaves. 104 Her future husband Charles Lincto became the most substantial civilian resi­dent of the Post. The 17 49 census, if one excludes from it for the moment the commandant and his household, reveals that Lincto's household accounted for eight of the twenty-nine white habitants and seven of the eleven slaves at the Arkansas. 105 Etienne de Vau­gine de Nuysement who executed the procuration of 1753 was a member of one of the most distinguished French families of Louisi­ana; 106 and he granted the power to Commandant de la Houssaye who would soon become a Major of New Orleans and a Knight of the Royal and Military Order of St. Louis. 107 Vaugine and De la Houssaye married sisters. The marriage contract executed at the Arkansas in 1752 was entered into by the Post's garde magasin and Francoise Lepine, a daughter of Anne Catherine Chenalenne the petitioner in the probate proceeding of 1743; and the bride's dowry had resulted from the dissolution of the community which had been the aim of that proceeding. Finally, Francoise Lepine's second mar­riage contract, passed by Detrepi in 1764, was prelude to her mar­riage to Jean Baptiste Tisserant de Montcharvaux, officer and interpreter at the Post and son of the commandant who executed the 1743 inventory. We are dealing with a propertied and intercon­nected gentry here, a tiny portion of what was anyway a very small population. How the other, the major part of the Arkansas populace regu­lated their lives during the French period will, in the nature of things, be difficult to document. But there is some evidence on this point and it indicates that there was a good deal of lawlessness on the Arkansas. According to Athanase de Mezieres, the Lieutenant Governor at Natchitoches, the Arkansas River above the Post was inhabited largely by outlaws. "Most of those who live there," he claimed, "have either deserted from the troops and ships of the most Christian King and have committed robberies, rape, or homicide, 104. For a translation of this inventory, see Core, supra note 54, at 22. 105. Resancement General des Habitants, Voyageurs, Femmes. En.fans, Esclaves, Clzevaus, Beufs, Vaclzes, Coclzons du Foste des Akansas, 1749. Lo. 200, Huntington Library, San Ma­rino, CA. 106. On the Arkansas Vaugines, see Core, T!ze Vaugine Arkansas Connection, 20 GRAND PRAIRIE HISTORICAL SOCIETY BULLETIN 6 (1978). 107. Faye, supra note 6, at 709. 420 UALR LAW JOURNAL [Vol. 6:391 that river being the asylum of the most wicked persons, without doubt, in all the Indies." 108 On another occasion, De Mezieres sin­gled out as a particularly heinous offender an Arkansas denizen nicknamed Brindamur, a man "of gigantic frame and extraordinary strength." Brindamur, De Mezieres complained, "has made himself a petty king over those brigands and highwaymen, who, with con­tempt for law and subordination with equal insult to Christians, and the shame of the very heathen, up to now have maintained them­selves on that river." 109 He had been resident on the Arkansas for a long time, as his name appears in the census of 1749. Interestingly, it is placed at the very head of a considerable list of "the voyageurs who have remained up the rivers despite the orders given them." 110 All persons hunting on the rivers were supposed to return every year as passports were not issued for longer periods. But there were large numbers of hunters who lived for twenty years or more in their camps without ever reporting to the Post. They constituted a large proportion, indeed sometimes a majority, of the European popula­tion in Arkansas during the French period. The 17 49 census, for instance, lists a habitant population of only thirty-one, including the commandant and his wife. But there were forty hunters on the Ar­kansas River whose passports had expired, and nine on the White and St. Francis Rivers. Sixteen hunters were said to be at the Post being outfitted to return to the hunt. Brindamur, the bandit King, was murdered by one of his men after the end of the French period, "though tardily" De Mezieres reckoned, and "by divine justice."111 In the Spanish period an effort was made to rid the river of these malefactors. VII Since no records of litigation initiated at the Arkansas during the French period have survived, if indeed any were ever kept, very little can be said directly on how lawsuits were conducted there. However, in 1747 Francois Jahan initiated a suit in the Superior Council in New Orleans against one Clermont, a resident of Arkan­sas Post, claiming damages for the conversion of a cask of rum at Arkansas. 112 The Superior Council, as we have shown, had jurisdic- 108. 1 ATHANASE DE MEZIERES AND THE LOUISIANA-TEXAS FRONTIER, 1768-1780 166 (H. Bolton ed., 1914). 109. Id. at 168-69. 110. Resancement, supra note 105. 111. t\. BOLTON, supra note 108, at 167. 112. Index lo the Records of the Superior Court of Louisiana, 17 LA. HIST. Q. 569 (1934). 1983] COLONIAL LEGAL SYSTEM 421 tion throughout Louisiana, and this case reveals how it was exer­cised against a defendant in the hinterlands. The summons was served on the Attorney General of Louisiana; thus, as Henry Dart pointed out, "it would seem . . . that a resident of the Post of Ar­kansas could be sued in New Orleans by serving the citation on the Procureur [Attorney] General."113 How the case would have, in the ordinary instance, proceeded from there is difficult to say. Probably the Arkansas commandant would have been asked to act as a master to gather facts and to report to the Superior Council. But it seems that the commandant had already ruled independently on the matter. Commandant de Monbharvaux's statement on this case, which is entered in the record a'few days after the suit was initiated, indicates that he had held a hearing on the matter at the Arkansas, had taken testimony as to the rum, and had "sentenced Clermont to pay for it."114 Apparently he had kept no record of the proceeding, as none was offered: The good lieutenant bore his own record. It is interesting to note, however, that this case was evidently not brought to enforce the commandant's judgment but was an independent action. How did the justice provided by the Post commandant during the French period measure up? In the absence of litigation records, this is the hardest kind of question to answer. We know, however, that whatever jurisdiction was exerciseable by the commandant, he acted alone, without official advisors and without, of course, a jury. To say that rule is autocratic is not to say

All
the fretting about a $100 million last-minute reduction that only increases Louisiana
Department of Health spending by $146 million for next fiscal year, as
Republican state Sen. Sharon
Hewitt suggests, is unwarranted and no corrective should be in the offing.

This week, a couple of Senate panels met unanticipatedly
in the aftermath of the regular session's close to sort out the line item in
the general appropriations bill HB 1
triggering this, an insertion which caught by surprise legislators and Democrat
Gov. John Bel Edwards.
The latter warbled about how he would do everything he could, including casting
a line item veto on it, to prevent the roughly half-percent decrease it pared,
while a number of state senators listened with furrowed brows as allegedly how,
when considering leveraged federal funds involved, this really meant an over
$700 million loss in budget authority.

Of course, that figure was scare
tactics reminiscent of what Edwards threatened would happen in 2016 when trying
to muscle through a sales tax increase still haunting the state, that without taking
more from the citizenry people with disabilities would be left to beg on street
corners, grandparents would be kicked out of nursing homes, and, by the way,
college football would cease. Unfortunately, many, including Republicans who
should have known better, bought it hook, line, and sinker, then and now.

Not Hewitt this time, who noted, "I don't believe
we are accurate enough in our ability to forecast to be wringing our hands over
$100 million." She's right, given the wide variance expected in Medicaid
disenrollment costs and the impact of disenrollment that could have the
former that could be adjusted to go lower and the latter almost certainly underestimated
in money saved from getting ineligible people off the books, as well as the considering
the consistent overshooting in the last couple years of forecasts of nursing
dollars paid out on waiver services because of a nursing shortage caused by overreaction
to the Wuhan coronavirus pandemic that jacked
market rates sky high, leaving fewer nurses wanting to work for waiver
clients – an imbalance the department can't correct because by
law it continuously must shovel more money to overutilized nursing homes.

Naturally, Edwards takes any chance to grab dollars
from the people where he can in trying to redistribute these to suit his ideological
and power-building needs, so his first instinct will be to cast a line item
veto of the curbed $100 million – but then he'll have to find other items to
strike to match. That may not be so easy.

He could veto bills that have tax breaks or additional
costs or paying off judgments, but he already has signed a number of these into
law or many don't add or subtract much or don't take effect until after this
budget year. In fact, the two biggest items out there still needing disposition
ironically are authored by GOP state Rep. Tanner Magee,
who helped lead the charge to bust the state's spending cap, totaling $41.5
million. Adding in all others, including of his political allies, gets barely over
half the needed sum.

That means he has to cut $50-100 million in line items
in HB 1, but that also isn't easy because those zero out entire programs. For
example, it has only $31 million or so total in local expenditures. Transfers
are allowed, but only within the same department, so that wouldn't help in this
instance. And a preamble statement already forces a $95 million cut
government-wide.

But the easiest, and in policy terms wisest, course
would be to make the cuts within the department. The most salutary and obvious
would be to lop off Medicaid expansion. The last
published figures – which with disenrollment wouldn't be much more than
what will come next year – showed it cost Louisianans $451 million, servicing
a population where a third to half of recipients already had insurance and
others had access to plenty of other government benefits leaving them with an
ability to pay for health insurance, if only they would choose to do so. But
being that fiscal albatross is Edwards' pride and joy, don't look for this solution
not only to the problem but also to enable the increasing of waiver nursing
rates and leaving some change for future budgetary downdrafts estimated to
slice revenues by nearly $1.5 billion over the next three years.

Instead, expect a combination of all of the above –
excising the $100 million deduction line item, kayoing a few bills, issuing a
few HB 1 line item vetoes, and expecting some efficiencies in health care
spending. That combination will conclude as another lost opportunity to bring
more sanity to state spending and empowerment to its people.

The paper aims to analyse the determinants of international migration among the Croatian population in the recent period following Croatia's entry into the European Union in 2013, with a special focus on the increased immigration to Croatia. The fundamental assumption is that, in addition to emigration from Croatia, the immigration of foreign workers to Croatia is also on the rise. This influx is primarily from economically less developed Asian and African countries. Meanwhile, immigration from the traditional workforce pool, the area of Southeastern Europe, is decreasing significantly. However, this region remains relatively the dominant source of migrants. Workforce immigration to Croatia has been singled out as a separate research unit, which not only examines the scale and basic characteristics of "foreigners" in Croatia but also provides an overview of the factors conditioning the existing relations within the labour market in Croatia. Demographic trends at the state level have significantly affected changes in the working-age and active population in Croatia. This includes a reduction in the work potential of the resident population. In addition to these established changes, other challenges in the labour market, primarily educational and profile-related, can be singled out. In addition to the reduction in the number of the working-age population, there is a structural mismatch between the current supply and demand for jobs. This mismatch results in either a shortage or a surplus of workers in certain industries, consequently contributing to the overall increase in general unemployment among the resident population and/or the need to compensate for the lack of labour through "import". In 2015, Croatia experienced a very high unemployment rate, close to 43%, among young people up to the age of 25. This figure was twice as high as the average for EU member states. Additionally, there was a significant number of young people in Croatia who were not active in the labour market. Despite having no obstacles and not being included in the education and/ or training system, these individuals were not actively seeking employment either (Obadić, 2017). The total number of persons who immigrated to Croatia from 2016 to 2022 slightly exceeds 220,000, with 70% of them being foreigners. Furthermore, a much faster relative increase in the immigration of foreign citizens was observed compared to the immigration of Croatian citizens, especially in 2021 and 2022. The relative share of 84% of immigrants of working age confirms the assumption that it is primarily a question of workforce migration. This statistical evidence suggests that the arrival of foreigners to work in Croatia constitutes a significant portion of this migration. According to the total number of foreigners who immigrated to Croatia and their country of origin, three geographical areas stand out: other European countries (countries outside the EEA) with almost 67%, Asian countries (14,35%) and European Union countries with 13,66%. The largest relative increase in immigration was registered from Asia. However, in absolute terms, more than 105,000 foreigners immigrated to Croatia from other European countries, primarily from BiH, Serbia, Albania, Kosovo, North Macedonia, etc. (2016–2022). The analysis of external migration from 2016 to today indicates a number of changes in migration processes, including their character, nature, volume, etc. They will affect the main sources of foreign labour in Croatia, signalling the beginning of the substitution of the traditional, regional labour pool with new emitting areas, i.e. workers from economically disadvantaged Asian and African countries. In 2021, the majority of foreigners, accounting for 35%, immigrated to the City of Zagreb and Zagreb County, while 37% chose the six "Adriatic" counties, mostly Split-Dalmatia, Istria, and Primorje-Gorski Kotar County. Although foreign immigration is significantly lower in other counties, the noteworthy achievement of a positive migration balance "with foreigners" in all counties in 2021 confirms the assumption that this determinant will increasingly impact the total balance of counties with foreign countries. In the last three years, slightly more than 31,000 requests from citizens of EEA member states for temporary residence in Croatia were approved. However, based on the purpose of stay, only 7,000 requests were approved for work in Croatia. From 2017 to 2020, 26,500 people met the conditions for permanent residence in Croatia, predominantly Germans, Slovenians, Italians and Austrians of retirement age who are extensively investing in real estate along the Adriatic. In conclusion, it should be noted how the two characteristic processes of increased immigration to Croatia in the last 5 years differ. The immigration of foreigners from non-European countries is primarily related to labour force migration, which is still in its early stages. On the other hand, there is the specific immigration of citizens of EU member states who, in their retirement age, immigrate to Croatia without work potential. The absolute and relative relations between these two groups will ultimately affect the total migration balance of "foreigners"

The subject. The article reflects the progress and results of the study of the practice of applying the norms on responsibility for crimes against sexual inviolability and sexual freedom of the individual (Chapter 18 of the Criminal Code of the Russian Federation). There are a large number of general and specific law enforcement problems that do not allow us to effectively counteract such crimes.Purpose of the study. The purpose of the study is to confirm the scientific hypothesis about the presence of systemic problems in the practice of applying the norms of Chapter 18 of the Criminal Code of the Russian Federation, as well as to develop proposals for improving law enforcement.Methodology. The identification of law enforcement problems was carried out by analyzing published and unpublished materials of judicial practice and comparing them with the main categories and principles of criminal law. Access to the published materials was carried out through the legal reference systems and the State Automated System "Justice". Unpublished materials were obtained in the course of their own professional activities, as well as when studying the scientific works of other authors. The use of previously obtained results of their own scientific activities, the results of scientific research of modern criminologists and criminologists, as well as the study of the experience of foreign countries allowed us to formulate proposals for solving the identified problems.The main results. In the course of the study, the following systemic problems of law enforcement were identified. (1) The uncertainty of the content of other sexual actions. (2) The ambiguity of the legal assessment of the multiplicity of crimes against sexual inviolability and sexual freedom of the individual. (3) The blurring of the content and methods of committing depraved actions.These problems characterize the current state of the practice of applying the norms of Chapter 18 of the Criminal Code of the Russian Federation.To solve these problems and improve law enforcement, the following proposals are justified and formulated.At the level of the resolution of the Plenum, it should be clarified that other actions of a sexual nature are contact forms of the perpetrator's influence on the victim's body that can satisfy sexual needs, with the exception of sexual intercourse, sodomy and lesbianism (for example, masturbation, fellatio, forced kisses, manual influence on the mammary glands or genitals and other ways of stimulating sexual arousal).On the issue of the qualification of continuing crimes, the Plenum of the Supreme Court should indicate that repeated sexual acts that form the objective side of one corpus delicti should be considered as a single continuing crime, if their commission was covered by a single intent. At the same time, such intent may be evidenced by the behavior of the perpetrator, in which he does not stop the violation of sexual freedom or sexual inviolability of a particular victim.The provisions of the resolution of the Plenum of the Supreme Court concerning the qualification of depraved acts should be changed, indicating that depraved acts are other sexual acts that are not covered by the dispositions of Article 134 of the Criminal Code of the Russian Federation, and actually depraved acts committed without direct physical contact in order to satisfy sexual needs or arouse the victim's interest in sexual acts. It is also important to emphasize that the acts provided for in the note to Article 131 of the Criminal Code of the Russian Federation should include only other actions of a sexual nature.Conclusions. In conclusion, it should be noted that the proposals formulated to solve the identified problems of law enforcement cannot completely eliminate them. The solution to these problems should be found through legislative changes. In this activity, it seems correct to focus on the positive experience of European legislators, which provides for a more detailed differentiation of responsibility depending on the features that objectively affect the nature and degree of public danger of the act. ; Отражаются ход и результаты исследования практики применения норм об ответственности за преступления против половой неприкосновенности и половой свободы личности (гл. 18 Уголовного кодекса РФ). Установлены следующие системные правоприменительные проблемы: 1) неопределенность содержания иных действий сексуального характера; 2) неоднозначность правовой оценки множественности преступлений против половой неприкосновенности и половой свободы личности; 3) размытость содержания и способов совершения развратных действий.В качестве возможного решения сформулированы предложения о внесении изменений в действующие постановления Пленума Верховного Суда РФ, способные минимизировать негативный эффект от означенных проблем. Например, на уровне постановления Пленума предлагается разъяснить, что иными действиями сексуального характера являются контактные формы воздействия виновного на тело потерпевшего, способные удовлетворить сексуальную потребность, за исключением полового сношения, мужеложства и лесбиянства (например, мастурбация, фелляция, форсированные поцелуи, мануальное воздействие на молочные железы или половые органы и другие способы стимуляции сексуального возбуждения).

An important component of the state-building process in Ukraine is the government's activities to ensure national security, which is an attribute of independence. The ruling political forces in Ukraine have created the necessary legal framework for national security (parliamentary resolutions, laws, decrees of the head of state). The process of ensuring the national security of Ukraine should be divided into stages: 1991−2014 (imitation) and after 2014 (essential). The peculiarities of the first stage were the wide involvement of Soviet approaches in the formation of the institutional basis for ensuring national security, the imitation of the defense activity of legitimate armed formations, and the development of the military organization of the state. It was considered that the proper level of military security of Ukraine is evidence of national security in general. At the beginning of 2014, the system of ensuring Ukraine's national security on the basis of imitation collapsed, which failed to counteract Russia's aggressive plans. Seeking to hinder the will of the Ukrainian people for a European future, Russia occupied part of Ukraine's territory − the Autonomous Republic of Crimea and the city of Sevastopol, and unleashed military aggression in eastern Ukraine. The beginning of the essential stage of ensuring the national security of Ukraine is connected with the initiative involvement of civil society in the implementation of security and defense tasks. Evidence of this were: the rapid organization of the emergence of volunteer battalions and their practical application in eastern Ukraine; active formation of local self-defense forces; powerful volunteer movement; deployment of information resistance structures to the enemy's propaganda influences; implementation of the values of patriotism in the spiritual and cultural life of the population, etc. The violent reaction of civil society to the threats and dangers that threaten the very existence of an independent and sovereign Ukraine has become a social reality. In Ukraine, there has been a fundamental shift in emphasis in the understanding of national security. The main subject of its ensuring is the security and defense sector, which combines state authorities, state armed formations and civil society structures interested in solving security and defense tasks. In Ukraine, which seeks to become democratic, security activities have been de-ethicized, which is not the case in authoritarian countries. If earlier national security was interpreted as a state of protection of national interests, now (at the request of civil society) − as a state of protection of national interests and values. The theory and practice of creating national security of Ukraine are developing dynamically. The subject of scientific research and public discussions are methodological, institutional, public administration, social compensation aspects of national security and defense. It is a matter of practical implementation of their results with the leading participation of constitutional state structures. ; Важливою складовою державотворчого процесу в Україні є діяльність влади з питань гарантування національної безпеки, яка виступає атрибутом незалежності. Правлячими політичними силами в Україні створено необхідну нормативно-правову базу з питань національної безпеки (парламентські постанови, закони, укази глави держави). Процес забезпечення національної безпеки України доцільно розділити на етапи: 1991−2014 р. (імітаційний) та після 2014 р. (сутнісний). Особливостями першого етапу стали широке залучення радянських підходів до формування інституційної основи забезпечення національної безпеки, імітація оборонної активності легітимних збройних формувань, розвиток Воєнної організації держави. Вважалося, що належний рівень воєнної безпеки України є свідченням гарантування національної безпеки в цілому. На початку 2014 р. відбувся крах системи забезпечення національної безпеки України на імітаційній основі, яка не змогла протидіяти російським агресивним планам. Прагнучи перешкодити волі українського народу до європейського майбутнього, Росія окупувала частину території України – Автономну Республіку Крим і місто Севастополь, розв'язала воєнну агресію на Сході України. Початок сутнісного етапу забезпечення національної безпеки України пов'язаний з ініціативним залученням громадянського суспільства до виконання завдань безпекового і оборонного ґатунку. Свідченнями цього стали: швидка організація виникнення добровольчих батальйонів та їх практичне застосування на Сході України; активне формування сил місцевої самооборони; могутній волонтерський рух; розгортання структур інформаційного спротиву пропагандистським впливам противника; імплементація цінностей патріотизму в духовно-культурне життя населення тощо. Суспільною реальністю стала силова реакція громадянського суспільства на виклики й небезпеки, що загрожують самому існуванню незалежної й суверенної України. В Україні відбулося принципове зміщення акцентів у розумінні національної безпеки. Головним суб'єктом її забезпечення стає сектор безпеки та оборони, що поєднує державні органи управління, державні збройні формування та структури громадянського суспільства, зацікавлені у вирішенні безпекових та оборонних завдань. В Україні, яка прагне стати демократичною, відбулася деетатизація безпекової діяльності, чого не спостерігається в авторитарних країнах. Якщо раніше національна безпека трактувалась як стан захищеності національних інтересів, то зараз (з подачі громадянського суспільства) − як стан захищеності національних інтересів та цінностей. Теорія і практика творення національної безпеки України динамічно розвиваються. Предметом наукових досліджень та публічних дискусій є методологічні, інституційні, державно-управлінські, суспільно-компенсаційні аспекти гарантування національної безпеки та обороноздатності. Справа за практичним утіленням їх результатів за провідною участю конституційних державних органів.

The article deals with topical issues of physical training and sports in Ukrainian Armed Forces. Analyzed the causes and factors that have a negative impact on the effectiveness of the organization and management of the process of physical training of military personnel. Showing solutions to problems. Physical training of military personnel is an integral part of the general system of education and training of personnel of Ukrainian Armed Forces and other military units of the security and defense sector, established in accordance with the laws of Ukraine, and is aimed at ensuring the physical readiness of personnel for professional activities.Due to this, the issue of organizing centralized training of personnel in physical culture and sport for the structures of the security and defenсe sector of Ukraine obtain a special relevance. To solve this problem, the Ministry of Defence of Ukraine is conducting systematic work to improve military education in order to adapt it to the training system of the North Atlantic Treaty Organization (next – NATO) and European Union(next – EU) member countries. Studying the experience of these countries demonstrates the tendency to centralize training of specialists in the field of physical training and sports for the Armed Forces, law enforcement agencies and the combination of the training process with the organization of scientific research.The existing system of organization of physical training and sports in Ukrainian Armed Forces does not fully ensure an adequate level of physical readiness of military personnel to perform combat training tasks, does not sufficiently induce military personnel to engage in physical culture and sports, to maintain a healthy way of lifestyle, which negatively affects the quality of the educational process training of cadets and students of higher military educational institutions and on the effectiveness of managing the process of physical improvement of military employees. Therefore, the implementation of the proposed recommendations will optimize the process of physical training of military personnel. ; В статье рассмотрены актуальные проблемы физической подготовки и спорта в Вооруженных Силах Украины. Проанализированы причины и факторы, оказывающие негативное влияние на эффективность организации и управления процессом физической подготовки военнослужащих. Показаны пути решения проблем. Физическая подготовка военнослужащих является неотъемлемой составной частью общей системы воспитания и обучения личного состава Вооруженных Сил Украины и других военных формирований сектора безопасности и обороны, образованных в соответствии с законами Украины, и направлена на обеспечение физической готовности личного состава к профессиональной деятельности. В связи с этим особую актуальность приобретает вопрос организации централизованной подготовки кадров по физической подготовке и спорту для структур сектора безопасности и обороны Украины. Для решения этой проблемы Министерством обороны Украины проводится системная работа по совершенствованию военного образования для ее адаптации к системе подготовки стран-членов НАТО и ЕС. Изучение опыта этих стран свидетельствует о тенденции централизации подготовки специалистов в сфере физической подготовки и спорта для Вооруженных Сил, правоохранительных органов и сочетание процесса подготовки кадров с организацией научных исследований. Существующая система организации физической подготовки и спорта в Вооруженных Силах Украины не в полной мере обеспечивает надлежащий уровень физической готовности военнослужащих к выполнению учебно-боевых задач, недостаточно побуждает военнослужащих к занятиям физической культурой и спортом, поддержанию здорового образа жизни, что негативно влияет на качество образовательного процесса подготовки курсантов и слушателей высших военных учебных заведений и на эффективность управления процессом физического совершенствования военнослужащих. Поэтому, внедрение предложенных рекомендаций позволит оптимизировать процесс физической подготовки военнослужащих. ; У статті розглянуто актуальні проблеми фізичної підготовки і спорту у Збройних Силах України. Проаналізовано причини та фактори, що чинять негативний вплив на ефективність організації та управління процесом фізичної підготовки військовослужбовців. Показано шляхи вирішення проблем.Фізична підготовка військовослужбовців є невід'ємною складовою частиною загальної системи виховання і навчання особового складу Збройних Сил України та інших військових формувань сектора безпеки і оборони, утворених відповідно до законів України, та спрямована на забезпечення фізичної готовності особового складу до професійної діяльності.У зв'язку з цим особливої актуальності набуває питання ефективної організації централізованої підготовки кадрів з фізичної підготовки і спорту для структур сектору безпеки і оборони України. Для вирішення цієї проблеми Міністерством оборони України проводиться системна робота щодо вдосконалення військової освіти для її адаптації до системи підготовки країн-членів НАТО і ЄС. Вивчення досвіду цих країн свідчить про тенденцію централізації підготовки фахівців у сфері фізичної підготовки і спорту для Збройних Сил, правоохоронних органів і поєднання процесу підготовки кадрів з організацією наукових досліджень.Існуюча система організації фізичної підготовки та спорту у Збройних Силах України не повною мірою забезпечує належний рівень фізичної готовності військовослужбовців до виконання навчально-бойових завдань, недостатньо спонукає військовослужбовців до занять фізичною культурою і спортом, підтримання здорового способу життя, що негативно впливає на якість освітнього процесу підготовки курсантів і слухачів вищих військових навчальних закладів та на ефективність управління процесом фізичного вдосконалення військовослужбовців. Тому, впровадження запропонованих рекомендацій дозволить оптимізувати процес фізичної підготовки військовослужбовців.

The purpose of the study is to identify the problems in the implementation of the principle of gender equality in Ukraine and European states. This goal was achieved through the application of a system of methods, including comparative method, formal law method and statistical method. The study has identified that the principle of gender equality prohibits discriminatory treatment on the basis of gender in different spheres of social relations. However, there is no single approach to understanding the concept of gender equality, which is described as: equality between the rights of men and women; fair treatment of men and women; equal access to resources and their fair distribution between men and women. It is substantiated that the principle of gender equality is a sub-principle of the principle of equality and means guaranteeing equal rights and opportunities regardless of gender. The principle of gender equality is examined in international law, including the provisions of the Council of Europe's Gender Equality Strategy for 2018-2023 and their implementation in Ukraine. The European Court of Human Rights' (ECtHR) practice of interpreting the content of the principle of gender equality and its scope is analyzed. The ECtHR has established that gender-based violence is the form of discrimination against women. The Court of Justice of the European Union has established the elimination of discrimination on grounds of sex as a general principle of EU law which should be guaranteed by a court. Family policy models in different states have been studied through the prism of gender equality, in particular: the pronatalist model (formed in France); the traditional model (historically originated in Germany); a pro-egalitarian model (Sweden is a typical representative); family model (mainly applied in the UK, the US and Canada). It is justified that nowadays, mixed models of family policy prevail, which combine traditional models in different proportions. In Ukraine, there is a similarly mixed model of family policy model that can be characterised as more pro-natalist model. The study concludes that real gender equality can be achieved in the case of an effective gender-based public policy, which should: stimulate gender expertise; introduce quotas for representation of women in all areas of employment, except those that may harm their health; ensure that gender components are taken into account in all economic and social development programs; introduce a gender component through the educational process in the secondary, vocational and higher education system; ensure gender mainstreaming in teacher training programs and public officials; promote the elimination of gender stereotypes and counteract discrimination; contribute to reducing the remuneration gap; to promote the activities of public associations in the field of gender equality and combating domestic violence, etc. ; Мета дослідження полягає у порівняльно-правовому аналізі проблем впровадження принципу ґендерної рівності в Україні та зарубіжних державах. Вказану мету було досягнуто завдяки застосування системи методів, зокрема порівняльно-правого, формально-юридичного та статистичного. У результаті дослідження було встановлено, що принцип ґендерної рівності забороняє дискримінаційне відношення за ознакою статі у різних суспільних сферах. При цьому відсутній єдиний підхід до розуміння поняття «ґендерна рівність», яке розкривають як: рівність прав чоловіка та жінки; справедливе ставлення до чоловіків та жінок; рівний доступ до ресурсів та розподілу між чоловіком та жінкою. Обґрунтовано, що принцип ґендерної рівності є субпринципом принципу рівності і означає гарантування рівних прав та можливостей незалежно від статі. Досліджено міжнародно-правові засади принципу ґендерної рівності, у тому числі положення Стратегії ґендерної рівності Ради Європи на 2018-2023 рр. та їх впровадження в Україні. Проаналізовано практику Європейського Суду з прав людини щодо тлумачення змісту принципу ґендерної рівності та сфер його застосування. Встановлено, що ЄСПЛ визнав ґендерне насильство формою дискримінації жінок. Виявлено, що Суд Європейського Союзу вважає усунення дискримінації за ознакою статі загальним принципом права ЄС, яке має забезпечуватися судом. Досліджено моделі сімейної політики крізь призму ґендерної рівності, зокрема: пронаталістську модель (сформована у Франції); протрадиційну модель (історично виникла в Німеччині); проегалітарну модель (типовим представником є Швеція); просімейну модель (поширена у Великій Британії, США, Канаді). Обґрунтовано, що наразі переважають змішані моделі сімейної політики, які в різних пропорціях поєднують традиційні моделі. В Україні так само змішана модель сімейної політики, яка найбільше тяжіє до пронаталістської. В результаті дослідження зроблено висновок, що реальної ґендерної рівності можна буде досягти у разі ефективної ґендерної державної політики, що має: стимулювати проведення ґендерно-правових експертиз; впровадити квоти для представництва жінок у всіх сферах зайнятості, окрім тих, які можуть зашкодити їхньому здоров'ю; забезпечити врахування ґендерних компонентів у всіх програмах економічного та соціального розвитку; впровадити наскрізно у навчальний процес в системі середньої загальної, професійно-технічної та вищої освіти ґендерний компонент; забезпечити внесення до програм курсів підвищення кваліфікації вчителів, публічних службовців питання ґендерної рівності; cприяти доланню ґендерних стереотипів та протидіяти дискримінації; сприяти зменшенню розриву в оплаті праці; сприяти діяльності громадських об'єднань у сфері утвердження ґендерної рівності та боротьби з насильством в сім'ї і т.п.

A partire dagli anni '70, processi di globalizzazione, di ristrutturazione economica e deindustrializzazione hanno messo in discussione il modello di sviluppo Fordista-Keynesiano che aveva fino ad allora sostenuto la crescita nell'Occidente. Le città a tradizione manifatturiera, la cui crescita si era basata proprio sul processo produttivo Fordista, furono pesantemente colpite da queste trasformazioni: alti tassi di disoccupazione, un settore terziario poco sviluppato, declino demografico and ridotti livelli di benessere segnarono profondamente i centri industriali europei e nord americani. Alcune di queste città, tuttavia, sono riuscite a far partire un processo di ricostruzione su nuove premesse; questo sforzo si è sovente fondato sulla cooperazione tra attori politici e privati o, in altri termini, su una forma di governance urbana incentrata sulla cooperazione informale e su un ampio coinvolgimento di attori entro il processo politico. Torino è una di queste città. Storicamente uno dei cuori industriali d'Italia che, dopo più di un decennio di declino, perseguì un programma politico-economico orientato alla crescita, articolato su strategie come la ristrutturazione urbana, l'attrazione d'investimenti, la promozione di eventi culturali, l'investimento infrastrutturale e il marketing urbano. Svariati autori hanno sottolineato come tutto ciò fu reso possibile grazie al formarsi di una coalizione di governance urbana che, ridefinendo le regole del gioco politico, ha permesso di riunire risorse disperse, rafforzando la "capacità di governo" locale. Non si registra, però, alcun tentativo di ricostruzione sistematica del processo causale che ha portato alla formazione del sistema di governance torinese. Entro il contesto della letteratura sulla governance, allo stesso modo, sono pochissimi i lavori che si sono occupati del processo di formazione della governance: alcune ipotesi generali sottolineano il ruolo, alternativamente, delle riforme istituzionali e della frammentazione organizzativa, che spingono entità organizzative a definire nuovi percorsi di coordinamento; il ruolo delle pressioni isomorfiche che portano gli attori a riprodurre altre strutture organizzative di successo; infine, il ruolo della agency e l'influenza di idee e discorso. L'obiettivo di questa ricerca è di far luce sul processo di formazione della governance: l'idea fondamentale è che la governance urbana, in quanto fenomeno complesso, non può che essere studiato tramite un approccio di ricerca eclettico. Analizzando il caso di Torino, è mio obiettivo dimostrare che tutte le ipotesi sopra-menzionate – riforma istituzionale e frammentazione, isomorfismo, agency e idee – abbiano un ruolo centrale nel processo di formazione della governance. ; Starting from the 1970s, processes of globalisation, economic restructuring and deindustrialisation fatally undermined the Fordist-Keynesian development model that had hitherto sustained growth in the West. Traditional manufacturing cities, which had expanded greatly precisely by implementing the Fordist production process, were then then heavily hit by these transformations: high unemployment rates, underdeveloped tertiary sectors, population decline, and reduced wealth levels would affect many European and North American industrial centres. Some of these cities have, nonetheless, managed to embark on a reconstruction process focused on redefining the premises for local development; they would often be guided in this effort by the cooperation of political and private actors, that is, by a form of urban governance that emphasised informal cooperation and a wider involvement of actors in the political process. One of such cities is Turin, the former industrial powerhouse of Italy, which, after more than a decade of decline, would pursue a political economic programme focused on growth, involving strategies such as city refurbishment, investment attraction, promotion of cultural events, infrastructural investment, and urban marketing. Several authors have highlighted how this was possible, indeed, because of the emergence of a local governance network that, by redefining the rules of the political game, has succeeded in pooling dispersed resources, thus enhancing the city's overall 'governing capacity'. No systematic attempt, however, has been made at tracing the causal process that has led to the formation of Turin's local governance network. Even when turning to the governance literature, very few works are found to have dealt with the theme of governance formation: general hypotheses point, alternatively, to the consequences of institutional reform and organisational fragmentation in driving institutional entities to devise novel coordination patterns; to the role of isomorphic pressures that push groups to reproduce other, successful organisational structures; or, finally, to that of agency and the influence of ideas and discourse. The aim of this work is to provide some insights as to the process of urban governance formation: the underlying idea is that urban governance is no simple phenomenon and only through an eclectic research design can one grasp the reality and complexity of its formation. The argument, then, is that all the above-mentioned hypotheses – institutional reform and fragmentation, isomorphism, and agency and ideas – play a key role and contribute to governance emergence.

The purpose of the study is to identify the problems in the implementation of the principle of gender equality in Ukraine and European states. This goal was achieved through the application of a system of methods, including comparative method, formal law method and statistical method. The study has identified that the principle of gender equality prohibits discriminatory treatment on the basis of gender in different spheres of social relations. However, there is no single approach to understanding the concept of gender equality, which is described as: equality between the rights of men and women; fair treatment of men and women; equal access to resources and their fair distribution between men and women. It is substantiated that the principle of gender equality is a sub-principle of the principle of equality and means guaranteeing equal rights and opportunities regardless of gender. The principle of gender equality is examined in international law, including the provisions of the Council of Europe's Gender Equality Strategy for 2018-2023 and their implementation in Ukraine. The European Court of Human Rights' (ECtHR) practice of interpreting the content of the principle of gender equality and its scope is analyzed. The ECtHR has established that gender-based violence is the form of discrimination against women. The Court of Justice of the European Union has established the elimination of discrimination on grounds of sex as a general principle of EU law which should be guaranteed by a court. Family policy models in different states have been studied through the prism of gender equality, in particular: the pronatalist model (formed in France); the traditional model (historically originated in Germany); a pro-egalitarian model (Sweden is a typical representative); family model (mainly applied in the UK, the US and Canada). It is justified that nowadays, mixed models of family policy prevail, which combine traditional models in different proportions. In Ukraine, there is a similarly mixed model of family policy model that can be characterised as more pro-natalist model. The study concludes that real gender equality can be achieved in the case of an effective gender-based public policy, which should: stimulate gender expertise; introduce quotas for representation of women in all areas of employment, except those that may harm their health; ensure that gender components are taken into account in all economic and social development programs; introduce a gender component through the educational process in the secondary, vocational and higher education system; ensure gender mainstreaming in teacher training programs and public officials; promote the elimination of gender stereotypes and counteract discrimination; contribute to reducing the remuneration gap; to promote the activities of public associations in the field of gender equality and combating domestic violence, etc. ; Мета дослідження полягає у порівняльно-правовому аналізі проблем впровадження принципу ґендерної рівності в Україні та зарубіжних державах. Вказану мету було досягнуто завдяки застосування системи методів, зокрема порівняльно-правого, формально-юридичного та статистичного. У результаті дослідження було встановлено, що принцип ґендерної рівності забороняє дискримінаційне відношення за ознакою статі у різних суспільних сферах. При цьому відсутній єдиний підхід до розуміння поняття «ґендерна рівність», яке розкривають як: рівність прав чоловіка та жінки; справедливе ставлення до чоловіків та жінок; рівний доступ до ресурсів та розподілу між чоловіком та жінкою. Обґрунтовано, що принцип ґендерної рівності є субпринципом принципу рівності і означає гарантування рівних прав та можливостей незалежно від статі. Досліджено міжнародно-правові засади принципу ґендерної рівності, у тому числі положення Стратегії ґендерної рівності Ради Європи на 2018-2023 рр. та їх впровадження в Україні. Проаналізовано практику Європейського Суду з прав людини щодо тлумачення змісту принципу ґендерної рівності та сфер його застосування. Встановлено, що ЄСПЛ визнав ґендерне насильство формою дискримінації жінок. Виявлено, що Суд Європейського Союзу вважає усунення дискримінації за ознакою статі загальним принципом права ЄС, яке має забезпечуватися судом. Досліджено моделі сімейної політики крізь призму ґендерної рівності, зокрема: пронаталістську модель (сформована у Франції); протрадиційну модель (історично виникла в Німеччині); проегалітарну модель (типовим представником є Швеція); просімейну модель (поширена у Великій Британії, США, Канаді). Обґрунтовано, що наразі переважають змішані моделі сімейної політики, які в різних пропорціях поєднують традиційні моделі. В Україні так само змішана модель сімейної політики, яка найбільше тяжіє до пронаталістської. В результаті дослідження зроблено висновок, що реальної ґендерної рівності можна буде досягти у разі ефективної ґендерної державної політики, що має: стимулювати проведення ґендерно-правових експертиз; впровадити квоти для представництва жінок у всіх сферах зайнятості, окрім тих, які можуть зашкодити їхньому здоров'ю; забезпечити врахування ґендерних компонентів у всіх програмах економічного та соціального розвитку; впровадити наскрізно у навчальний процес в системі середньої загальної, професійно-технічної та вищої освіти ґендерний компонент; забезпечити внесення до програм курсів підвищення кваліфікації вчителів, публічних службовців питання ґендерної рівності; cприяти доланню ґендерних стереотипів та протидіяти дискримінації; сприяти зменшенню розриву в оплаті праці; сприяти діяльності громадських об'єднань у сфері утвердження ґендерної рівності та боротьби з насильством в сім'ї і т.п.