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Der Präsident des Deutschen Akademischen Austauschdiensts (DAAD) und Rektor der Universität zu Köln, Joybrato Mukherjee, über den Wohnungsmangel für internationale Studierende, den Kampf der Hochschulen gegen Antisemitismus und die Rolle des DAAD in einer Welt von Kriegen und Krisen.
Joybrato Mukherjee, 50, ist seit dem 1. Januar 2020 Präsident des Deutschen Akademischen Austauschdiensts (DAAD). Seit 2023 ist er zudem Rektor der Universität zu Köln, davor war er von 2009 bis 2023 Präsident der Justus-Liebig-Universität Gießen. Foto: Kay Herschelmann.
Herr Mukherjee, Deutschland ist zur weltweiten Nummer 3 der beliebtesten Ziele internationaler Studierender aufgestiegen. Begegne ich einem glückli- chen DAAD-Präsidenten?
380.000 internationale Studierende,Australien überholt,den Ruf als leistungsstarkes Wissenschaftssystem gestärkt – natürlich ist das eine schöne Momentaufnahme und Ausdruck dessen, was unsere Hochschulen in den vergangenen zehn, zwanzig Jahren geleistet haben. Aber es ist eben eine Momentaufnahme, und auf der dürfen wir uns nicht ausruhen.
Sehen Sie die Gefahr?
Ich sehe in Umfragen unter internationalen Studierenden und Studieninteressierten, an welchen Stellen wir besser werden müssen. Es gibt heute viel mehr englischspra- chige Studiengänge als früher, aber die Internationalisierung des Lehr- und Lernan- gebots bleibt eine Dauerherausforderung, bei der es um mehr geht als nur die Sprache. Wir müssen uns – Stichwort Willkommenskultur – fragen, ob wir abseits der Hochschulen als Gesellschaft in allen Regionen darauf vorbereitet sind, Studierende aus dem Ausland so zu empfangen, wie sie es erwarten dürfen.
Und, sind wir es?
Ich stelle zum Beispiel fest, dass Ausländerbehörden in einigen Kommunen nicht das Personal zur Verfügung haben, das sie bräuchten. Es ergibt sich ein Spannungsver- hältnis, wenn wir einerseits ein international attraktiver Studienstandort sein wollen, andererseits aber nicht flächendeckend die nötigen Ressourcen dafür zur Verfügung stellen.
Ist Willkommenskultur nur eine Frage der Ressourcen oder auch der Mentalität?
Die Mentalität spielt sicher auch eine Rolle. Ich würde mich aber davor hüten, in der Hinsicht pauschale Aussagen zu treffen. Dafür sind die Unterschiede zwischen den einzelnen Städten und Regionen und je nach Verortung der Menschen im politischen Spektrum zu groß. Was man konstatieren muss: Obwohl wir uns in Zeiten des Fachkräftemangels befinden, gibt es in bestimmten Regionen bei manchen Betrieben nicht die Bereitschaft, Menschen ausländischer Herkunft einzustellen – selbst nachdem sie einen deutschen Studienabschluss erworben haben. Hier können wir als DAAD allein wenig ausrichten, es handelt sich um eine gesamtgesellschaftliche Aufgabe.
"Wir brauchen eine Sprachenpolitik, die dem Fachkräftemangel und dem verschärften internationalen Wettbewerb um Studierende angemessen ist. Ich benutze hier bewusst die Mehrzahl 'Sprachen'".
Womöglich liegt ein Problem doch auch in den Hochschulen selbst. Wenn mehr englischsprachige Studiengänge dazu führen, dass mehr internationale Studierende angezogen werden, die dann am Ende ihres Studiums nicht fließend Deutsch sprechen, werden viele von ihnen in der mittelständisch geprägten Wirtschaft keine Chance auf einen Job erhalten.
Darum müssen wir beides hinbekommen. Wir brauchen eine Sprachenpolitik, die dem Fachkräftemangel und dem verschärften internationalen Wettbewerb um Studierende angemessen ist. Ich benutze hier bewusst die Mehrzahl "Sprachen": Ja, wir brauchen mehr international ausgerichtete Studienangebote, in englischer Sprache, möglicherweise auch in anderen modernen Fremdsprachen. Internationalisierung ist nicht zwangsläufig gleich Anglisierung. Auf jeden Fall sind wir durch solche Studiengänge attraktiv für junge Talente, die noch nicht über die nötigen Deutschkompetenzen verfügen. Zum anderen müssen wir als deutschsprachiges Land sicherstellen, dass wir im Laufe des Studiums Stück für Stück die nötigen Deutschkenntnisse vermitteln, die in der Regel für den Arbeitsmarkt gebraucht werden – und ohne die man sich auf Dauer bei uns kaum heimisch fühlen wird. Wenn wir beides schaffen, wird eine vernünftige Sprachenpolitik daraus.
Also viel Englisch, Spanisch, Französisch in den unteren Semestern und ein verpflichtender Deutschanteil, der in höheren Semestern immer weiter ansteigt?
Das ist ein mögliches Modell. Ein anderes besteht darin, Studierende für englischsprachige Masterstudiengänge zu gewinnen und parallel zum Studium die Deutschkenntnisse, die viele schon aus ihren Heimatländern mitbringen, durch intensive Deutschkurse zu perfektionieren. Wichtig ist, dass man die Englischsprachigkeit oder jede andere Fremdsprache nicht gegen den Erwerb der deutschen Sprache ausspielt.
Fast noch drängender als die Fragen von Bürokratie,Willkommenskultur und Sprache scheinen derzeit die Sorgen vieler internationaler Studierender auf dem Wohnungsmarkt zu sein. Entsteht da ein ernstlicher Wettbewerbsnachteil für Deutschlands Hochschulen?
In den großen Metropolen wie Berlin, Hamburg, München und Köln ist der studentische Wohnungsmarkt extrem angespannt, natürlich trifft das insbesondere auch die internationalen Studierenden. Ich kann aber nicht erkennen, dass die Lage in anderen Ländern durchweg rosiger ist. Die Niederlande etwa fahren ihr internationales Studierendenmarketing genau deshalb massiv zurück, nämlich nicht aus irgendwelchen rechtspopulistischen Motiven, sondern weil der Mietmarkt so umkämpft ist – was auch mit der stark gestiegenen Zahl internationaler Studierender und Forscher*innen zusammenhängt.
Was fordern Sie von Bund und Ländern?
Wir sehen, dass im gesamten deutschen Immobilienmarkt zu wenig neu gebaut wird. Daraus kann man folgern, dass die schon stark gestiegenen Mietpreise weiter durch die Decke schießen werden, zunehmend auch in den kleineren und mittelgroßen Städten. Wir brauchen also viel mehr bezahlbaren Wohnraum, insbesondere auch viel mehr bezahlbaren studentischen Wohnraum. Die diesbezüglichen Investitionen sind dringend nötig. Ich sehe dazu auch die politische Bereitschaft, das Thema ist nicht umsonst prominent im Koalitionsvertrag vertreten.
Sehen Sie auch das politische Handeln?
Dass gehandelt wird, ist meine Erwartung und meine Hoffnung. In haushalterisch schwierigen Zeiten verlangt dies aber von den politischen Entscheidungsträgern, die entsprechenden Prioritäten zu setzen, und zwar auf allen Ebenen, von den Kommunen über die Länder bis hinauf zum Bund. In vielen anderen Staaten liegt die Bewirtschaftung studentischen Wohnraums in der Hand der Hochschulen, in Deutschland haben wir dafür zumeist die Studierendenwerke. Damit diese international ungewöhnliche Arbeitsteilung kein limitierender Faktor ist, müssen Bund und Länder die Studierendenwerke hinreichend unterstützen. Das Bund-Länder-Programm "Junges Wohnen" ist ein Anfang.
Die Abbrecherquoten von internationalen Studierenden liegen deutlich über denen ihrer einheimischen Kommilitonen. Das ist seit vielen Jahren bekannt, doch tun die Hochschulen genug, um das zu ändern?
In der Regel haben internationale Studierende, deren Muttersprache nicht Deutsch ist, einen Nachteil, den man nicht wegdiskutieren kann. Wir sehen aber, dass es Unterschiede etwa zwischen Bachelor- und Masterstudierenden gibt. Im Masterbereich liegt der Studienerfolg viel höher, was mit der anderen Klientel, aber auch mit dem kompensatorischen Effekt zusammenzuhängen scheint, den die im Master sehr viel häufigeren englischsprachigen Studiengänge erzeugen. In jedem Fall müssen wir über die Rahmenbedingungen nachdenken, die mehr sind als die Sprache und die auch die kulturellen Besonderheiten eines Wissenschaftssystems umfassen. So wird im deutschen System mit seinen zum Teil sehr großen Hochschulen das selbstständige Arbeiten viel stärker abverlangt, verbunden mit deutlich schlechteren Betreuungsrelationen, als die meisten Studierenden es etwa in den USA oder in Australien antreffen würden. Deshalb legen wir als DAAD bei unserer großen Fachkräfteoffensive so viel Wert auf die Betreuung als ein wichtiges Element.
"In den meisten Teilen Deutschlands
fehlt der politische Konsens, das Thema
Bezahlstudium erneut anzugehen."
Eine bessere Betreuung ist aufwendig und teuer. Die TU München macht es den von Ihnen genannten Staaten nach und erhebt Studiengebühren für Studierende aus Drittländern – in einer international eher unterdurchschnittlichen, für Deutschland aber bislang ungekannten Höhe. Was sagen Sie als Rektor der Universität zu Köln dazu: nachahmenswert?
Anders als in Bayern hätten wir in NRW die rechtlichen Möglichkeiten dazu gar nicht. Und das einzige Bundesland, in dem die Hochschulen sogar Studienbeiträge für Studierende aus Drittstaaten erheben mussten, Baden-Württemberg, will diese wieder abschaffen. Was zeigt: In den meisten Teilen Deutschlands fehlt der politische Konsens, das Thema Bezahlstudium erneut anzugehen. Abgesehen davon bin ich gespannt auf die weitere Entwicklung an der TUM. Allerdings – und das meine ich als Kompliment – kann man die TUM nicht zum Maßstab machen, weil sie eine über viele Jahre aufgebaute internationale Marke besitzt wie keine andere deutsche Hochschule. Insofern kann sich die TUM am ehesten leisten, solche Studienbeiträge zu erheben. Als DAAD-Präsident wiederum möchte ich anmerken, dass es zum international wahrgenommenen Markenkern des deutschen Hochschulsystems gehört, hohe Qualität in der Breite anzubieten, und das eben individuell gebührenfrei.
Was macht es eigentlich mit diesem Markenkern, wenn Deutschland seit dem 7. Oktober immer wieder mit antisemitischen Vorfällen von sich reden macht und in Potsdam ein Geheimtreffen stattfand, auf dem über die "Remigration von Millionen Menschen" weg aus Deutschland schwadroniert wurde?
Antisemitismus und Ausländerfeindlichkeit sind ja leider keine neuen Themen, sie begleiten auch die Hochschulen, die Teil der Gesellschaft sind, seit Jahren. Ich würde hier aber abschichten wollen: Wir dürfen eine rationale, argumentationsbasierte Diskussion über Migration nicht tabuisieren. Für mich ist die Grenze da überschritten, wo Menschen definieren, wer "richtiger" Deutscher sein darf und wer, um einen Kampfbegriff von rechts außen zu nehmen, nur "Passdeutscher" sei. Das erinnert an die dunkelsten Zeiten der deutschen Geschichte, in denen plötzlich Teile des deutschen Volkes für nicht deutsch erklärt wurden. Um auf Ihre Frage zurückzukommen, welchen Einfluss die aktuellen Ereignisse und Entwicklungen auf das Image Deutschlands bei internationalen Studierenden haben: Das werden wir erst mit Zeitverzug sehen. In Gesprächen mit unseren weltweiten Partnern hören wir jedenfalls von Sorgen angesichts des um sich greifenden Rechtsradikalismus und Rechtsextremismus. Wir hören aber auch, dass die großen Demonstrationen gegen diese Umtriebe, wie wir sie überall in Deutschland erlebt haben, genauso wahrgenommen werden. Das stimmt mich hoffnungsvoll.
Der DAAD stellt jetzt Fördermittel gegen Antisemitismus und Rassismus zur Verfügung – allerdings nur eine Million Euro. Ist das mehr als Symbolik?
Das ist ein klares Zeichen, das wir mit Unterstützung des Auswärtigen Amts setzen – dem ich hierfür herzlich danke. Natürlich hoffen wir, dass die Hochschulen zu diesem Zweck noch von anderer Seite Geld erhalten. In Köln nehmen wir eigene Mittel in die Hand, um öffentliche Veranstaltungen zu organisieren, neulich zum Beispiel in Anwesenheit des israelischen Botschafters Ron Prosor. Der Sicherheitsaufwand war, leider, immens, aber es war uns wichtig, deutlich zu machen: Es ist in diesem Land eine Selbstverständlichkeit, dass der Botschafter des Staates Israel eine deutsche Universität besucht, um mit Studierenden zu diskutieren.
In Berlin war es neulich keine Selbstverständlichkeit mehr, dass eine Richterin des Obersten Gerichtshofs Israels nicht niedergeschrien wurde an einer deutschen Universität.
Ich bin froh, dass wir in Köln eine anregende, auch kritische Diskussion führen konnten, in einem vollen Hörsaal mit über 300 Studierenden. Es wurde beispielsweise explizit danach gefragt, ob die Selbstverteidigungsmaßnahmen Israels im Gaza-Streifen angemessen sind; es wurden die zivilen Opfer der Militäroperation thematisiert, und Botschafter Prosor hat sich allen Fragen gestellt. Ein solcher Diskurs ist unmöglich, wenn man sich gegenseitig niederschreit. Alle Mitglieder unserer Hochschulen tragen die Verantwortung, ihn möglich zu machen. Was meine Kolleg*innen in den Hochschulleitungen anbetrifft, so habe ich keinen Zweifel daran, dass sie alle ihnen möglichen Maßnahmen ergreifen, sobald es nötig wird.
Im Januar hat Ihre zweite Amtszeit als DAAD- Präsident begonnen, Herr Mukherjee. Was wird Ihr Leitmotiv sein, um in dieser so schwierigen Phase internationaler Konflikte Wissenschaftskooperationen zu gestalten?
Sie haben die entscheidende Vokabel gerade selbst benutzt: Gestalten.Angesichts einer Verkrisung der geopolitischen Rahmenbedingungen müssen wir vom Reagieren wieder zum Gestalten kommen. Für uns als DAAD kann ich in Anspruch nehmen, dass wir in den vergangenen Jahren mit einer Vielzahl von Strategiepapieren, mit Vorschlägen für neue Programme und Initiativen und mit der praktischen Weiterentwicklung unserer Austauschformate unseren Beitrag zu dieser Gestaltung geleistet haben. Das, was wir gerade erleben, ist kein Übergangsstadium, es wird nicht von Zauberhand eine neue Stabilität entstehen; Spannungen, Krisen und Interessenkonflikte werden allgegenwärtig bleiben und eher noch zunehmen.
Ist für wissenschaftliche Kooperationen aber nicht das Vertrauen ins Gegenüber konstitutiv? Wie kann man wissenschaftlich zusammenarbeiten,wenn man seinem Partner misstraut?
Die Antwort kann nicht binär sein – Vertrauen oder Misstrauen. Wie überall in der Politik und in den Beziehungen zwischen Staaten haben wir es mit Gradienten zu tun. Der Begriff "Wertegemeinschaft" wird weiter seine Berechtigung haben, weil es immer eine Gruppe von Staaten, Kulturen und Wissenschaftssystemen geben wird, zwischen denen eine vertrauensvolle und intensive Kooperation auf ähnlichem Wertefundament möglich ist. Es wird aber Systemrivalen geben, mit denen die Zusammenarbeit herausfordernd ist, die man trotzdem nicht ignorieren kann und mit denen man sich auf gemeinsame Spielregeln einigen muss. Beide Seiten müssen definieren, was für sie vertretbar und verantwortbar ist. Und zwischen beiden Extremen – um aus dem binären Denken herauszukommen – wird es viele Abstufungen geben, auch in den internationalen Wissenschaftsbeziehungen – mit Partnern, die sich weder der einen noch der anderen Gruppe zuordnen lassen, auch nicht zuordnen lassen wollen. So ein Beispiel ist etwa Vietnam: ein kommunistischer Staat, der aber seine eigenen Konfliktlinien zu seinem großen Nachbarn, der Volksrepublik China, hat. Es ist in unserem Interesse, die Beziehungen zu Vietnam aktiv zu gestalten.
"Ich plädiere dafür, dass wir in einer
turbulenten Welt mit ihren sehr
unterschiedlichen Interessenlagen unsere
eigenen Überzeugungen zwar sehr klar
kommunizieren, aber aufhören, die Gegenseite
stets belehren zu wollen."
Vor ein paar Jahren sprachen Sie in Interviews noch von "schwierigen Partnerländern", jetzt sprechen Sie von Systemrivalen. Ist China von Ersterem zu Letzterem geworden?
China ist für Deutschland und die EU immer mehreres gleichzeitig: Partner, Wettbewerber, Systemrivale, je nach Kontext flackern die verschiedenen Attribute unterschiedlich stark auf. Den Begriff "schwierige Partner" haben wir im DAAD durch "herausfordernde Partner" ersetzt, denn es geht um den richtigen Umgang mit den Herausforderungen in den Beziehungen. Ich plädiere dafür, dass wir in einer turbulenten Welt mit ihren sehr unterschiedlichen Interessenlagen unsere eigenen Überzeugungen zwar sehr klar kommunizieren, aber aufhören, die Gegenseite stets belehren zu wollen. Jedes Land ist anders, selbst EU-Mitglieder können je nach ihrem innenpolitischen Zustand herausfordernde Partner sein, deshalb müssen wir mit jedem Land die richtige Umgangsweise finden.
Was ist die richtige Umgangsweise mit China?
Wir wollen auch künftig eng mit der chinesischen Wissenschaft zusammenarbeiten, das müssen wir auch. Aber natürlich gibt es Bereiche, in denen wir unsere eigenen Sicherheitsinteressen haben, in denen wir uns genau überlegen: Unter welchen Bedingungen können wir kooperieren, ohne ein zu hohes Risiko einzugehen? Im Zweifel muss das bedeuten, dass bestimmte Kooperationen unterbleiben. Umgekehrt pflegen wir seit vielen Jahren eine sehr fruchtbare Zusammenarbeit in vielen Wissenschaftsfeldern, die wir problemlos fortführen können, so etwa in den Geisteswissenschaften.
Und in welchen Feldern sollten Kooperationen unterbleiben?
In unserem neuen China-Papier machen wir als DAAD deutlich: Es ist die Aufgabe jeder einzelnen Hochschule, diejenigen Bereiche in ihrem Portfolio zu benennen, die so starken Dual-use-Risiken ausgesetzt sind, die so stark unsere nationalen Sicherheitsinteressen berühren, dass man eine Zusammenarbeit lieber lässt. Das sind Diskursräume – Stichwort Zeitenwende –, die wir so vor zehn Jahren sicher nicht ausgeleuchtet hätten.
Haben Sie diese Entscheidung für Köln bereits getroffen?
Möglicherweise gibt es auch in Köln solche Bereiche, ja.Aber im Umgang mit herausfordernden Partnern sollte man nicht alle Fragen auf öffentlichen Marktplätzen besprechen. Das macht die andere Seite auch nicht.
So viel zum Thema Vertrauen zwischen wissenschaftlichen Kooperationspartnern.
So viel vor dem Hintergrund jüngster Ereignisse, wenn sogar die Bundeswehr abgehört wird. Wir haben in unserem China-Papier die drei Begriffe "interessengeleitet, risikoreflexiv und kompetenzbasiert" geprägt, und diese Begriffe sollten Leitmotiv sein für die Beziehungen zu China, aber auch zu anderen Staaten, die wir als herausfordernd ansehen. Wir müssen stärker als in der Vergangenheit unsere eigenen Interessen klar und deutlich artikulieren. Das ist vor dem Hintergrund unserer Geschichte nicht einfach, aber notwendig. Diese Artikulation wird übrigens von unseren chinesischen Partnern sogar begrüßt. Das Ziel in der Gestaltung von internationalen Wissenschaftskooperationen ist es ja nicht, dieselben Interessen wie die andere Seite zu haben, sondern die Interessen gegenseitig abzugleichen. Daraus ergibt sich die erwähnte Reflexion über die Risiken. Und alle Entscheidungen über Zusammenarbeit und Nicht-Zusammenarbeit, die daraus folgen, können wir sinnvoll nur mithilfe echter Kompetenz und mit fundiertem Wissen über das jeweilige Land treffen – und nicht auf der Basis irgendwelcher Anekdoten. Dies ist uns beim DAAD besonders wichtig.
Haben Sie den Eindruck, dass die öffentlichen Äußerungen der Bundesregierung zu China Ihren gerade formulierten Ansprüchen gerecht werden?
Ich habe das Privileg, an der Spitze einer Wissenschaftsorganisation zu stehen und insofern immer wieder die nötige Differenzierung anmahnen zu können. In der Politik herrschen mitunter andere Gesetzmäßigkeiten und Zwänge zur Zuspitzung. Wir sollten uns als Wissenschaft aber nicht in eine zu starke Zurückhaltung im Austausch mit China hineindrängen lassen. Es ist notwendig, die Beziehungen zu China differenziert und kritisch zu gestalten, aber die wissenschaftliche Kooperation an sich ist ohne Alternative. Die Volksrepublik hat das größte Wissenschaftssystem, das schon jetzt extrem leistungsfähig ist und beständig weiter an Bedeutung gewinnt. Wir dürfen auf keinen Fall in eine Spirale des Abschottens geraten. Das selbstbewusste Gestalten von Beziehungen – mit Risikobewusstsein, aber ohne Angst – ist das Gegenteil von Abschottung. Zugleich müssen und können wir als Wissenschaft Zuversicht vermitteln. Denn durch eine regelgeleitete internationale Zusammenarbeit werden die Dinge besser – das war immer so, das bleibt auch so.
"Wenn wir an der Universität Köln jetzt bei 45.000 Studierenden stehen, Tendenz weiter fallend, ist das eine positive und aus meiner Sicht alles andere als besorgniserregende Entwicklung."
Der Wissenschaftsratsvorsitzende Wolfgang Wick rechnet mit deutschlandweit stagnierenden bis zurückgehenden Studierendenzahlen. Gehört es künftig zu einer gelungenen Internationalisierungsstrategie, die freien Studienplätze mit noch mehr Studienanfängern aus dem Ausland aufzufüllen?
So habe ich das noch nicht betrachtet. Als Rektor einer der größten deutschen Universitäten, die vor wenigen Jahren noch bei weit über 50.000 Studierenden lag, kann ich nur sagen: Wenn wir jetzt bei 45.000 stehen, Tendenz weiter fallend, ist das eine positive und aus meiner Sicht alles andere als besorgniserregende Entwicklung. Wir kehren damit zu normalen, halbwegs vertretbaren Verhältnissen zurück – nach einer langen Phase des quantitativen Wachstums, die wir als Hochschulen gut verkraftet haben. Wir können jetzt aber den Hebel umlegen hin zu mehr Studienqualität und zu besseren Betreuungsrelationen. Da sind wir nämlich, ich sagte es anfangs, im internationalen Vergleich schlecht aufgestellt.
Vielleicht ergeht es Ihnen in Köln da einfach anders als in manch ländlicher Region, wo ganze Studiengänge und Fächer vor der Existenzfrage stehen?
Das mag sein, aber auch als DAAD-Präsident würde ich diese Aspekte wirklich trennen wollen. Wir gewinnen internationale Studierende und Promovierende aus einer gesellschaftlichen Verantwortung heraus, weil wir einen grassierenden Fachkräftemangel haben; weil wir mehr Talente aus dem Ausland brauchen für unseren Arbeitsmarkt; weil wir über diese Art des Austauschs internationale Wissenschaftskooperation betreiben. Wir rekrutieren sie nicht, um einfach unsere Studienplätze zu füllen.
Sie sprechen von gesellschaftlicher Verantwortung und meinen das Stopfen der Fachkräftelücke. Was ist eigentlich aus Deutschlands Verantwortung wirtschaftsschwächeren Ländern gegenüber geworden, denen wir ihre jungen Talente streitig machen?
Richtig ist, dass wir vor zehn Jahren beim DAAD wahrscheinlich kein Programm zur Fachkräftegewinnung aufgelegt hätten. Aber wir erkennen an, dass wir unseren Teil leisten müssen für die wirtschaftliche Prosperität unseres Landes, das erwarten auch unsere Geldgeber aus den verschiedenen Bundesministerien. Wobei das Auswärtige Amt oder das Bundesbildungsministerium bei der Frage naturgemäß unterschiedliche Perspektiven einnehmen als das Bundesministerium für wirtschaftliche Zusammenarbeit, das mit guten Gründen auf die Gefahren eines Braindrains hinweist und die Bedeutung von fairer Migration in den Vordergrund rückt. Allerdings sollten wir auch diese Themen differenziert betrachten. In Gesprächen mit Botschafter*innen anderer Staaten höre ich immer wieder, dass sie unser Fachkräfte-Programm oftmals begrüßen. Zitat: "Machen Sie sich keine Sorgen, wir haben so viele junge Talente, wir sind froh, wenn Sie ihnen eine Perspektive bieten". Am Ende ist es wie immer eine Frage der richtigen Dosierung.
Dieses Interview erschien zuerst im DSW-Journal, Ausgabe 1/2024.
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2019 hat Thomas Hofmann den scheinbar ewigen Präsidenten Wolfgang Herrmann an der Spitze der TU München abgelöst. Was macht er jetzt anders? Ein Gespräch über das bayerische Genderverbot, die Reform des Wissenschaftszeitvertragsgesetzes, die Beziehungen zu China – und Hofmanns Verständnis der unternehmerischen Universität.
Thomas Frank Hofmann, Jahrgang 1968, ist Lebensmittelchemiker und war von 2009 bis 2019 geschäftsführender Vizepräsident der Technischen Universität München (TUM) für Forschung und Innovation. Seit 2019 ist er Präsident der TUM. Foto: Astrid Eckert / TUM.
Herr Hofmann, auf Betreiben von Ministerpräsident Markus Söder (CSU) ist Anfang April in Bayern das Genderverbot in Kraft getreten. Schulen, Hochschulen und Behörden ist die Verwendung geschlechtersensibler Sprache von nun an ausdrücklich untersagt. Was bedeutet das für die Technische Universität München (TUM)?
Wir glauben, dass Diversität, ihre Förderung und Wertschätzung die Schlüssel sind für den Erfolg unserer Universität. Durch die Nutzung gendersensitiver Sprache versuchen wir seit Jahren eine möglichst große Vielfalt an Talenten anzusprechen. Und das gelingt zunehmend gut, auch wenn wir wie auch andere technische Universitäten gerade bei weiblichen Studierenden und Wissenschaftlerinnen weiterhin Aufholbedarf haben. Wir interpretieren das Verbot so, dass es für die Universität im Rahmen ihrer dienstlichen Aufgaben gilt, also beispielsweise bei der Erstellung von Satzungen oder Promotionsordnungen etwa. In anderen Bereichen, wie beispielsweise in der Kommunikation innerhalb unserer Universitätsgemeinschaft verfahren wir im Bestreben einer weiteren Steigerung unserer Vielfalt wie bisher.
Also sämtliche Lehrveranstaltungen, Lehrunterlagen und Forschungsarbeiten fallen nach Ihrem Verständnis nicht unter das Verbot?
Soweit ist unser Verständnis, und ich bin sicher, dass die noch ausstehenden Ausführungsempfehlungen des Freistaats in dieser Form die Autonomie der Hochschulen nicht unnötig einschränken.
"Dieser vermeintliche 'Genderzwang' existiert doch gar nicht."
Ärgert es Sie, dass Wissenschaftsminister Markus Blume (CSU) als Beispiel für den vermeintlichen "Genderzwang" an bayerischen Hochschulen einen inzwischen gelösten Fall angeführt hat, der sich, wie später herauskam, ausgerechnet an der TUM zugetragen hat?
Nein, zumal dieser vermeintliche "Genderzwang" doch gar nicht existiert. Dass die besagte Promotionsordnung gendersensitive Sprache nutzt, ist lediglich Zeichen unseres Inklusionsverständnisses. Im Übrigen entspricht sie auch andernorts dem heutigen Standard. Wenn Sie die Promotionsordnung der TU Berlin oder auch der ETH Zürich anschauen, dann lesen die sich genauso. Die ganze Aufregung, auch in den Medien, halte ich für unangemessen und vor allem für wenig zeitgemäß, zumal in diesen bewegten Zeiten Deutschland doch vor ganz anderen Herausforderungen steht. Wissenschaft, Wirtschaft, Politik und Medien sollten ihre vereinten Kräfte besser auf innovative Lösungsansätze fokussieren, denn der laufende Wettbewerb um die Zukunftsstandorte der Welt wartet nicht auf Deutschland!
Der Vorwurf lautete, dass einer Promovendin die Verleihung des Doktorgrades verwehrt worden sei, solange sie sich geweigert habe, auf dem Titelblatt das Gendersternchen zu verwenden – was, wie Blume sagte, "sogar in der Promotionsordnung so vorgeschrieben ist". Laut dem Minister "ein klarer Fall von sprachlicher Übergriffigkeit".
Es gab den Fall, dass sich die Veröffentlichung einer Dissertation wegen Diskussionen um Formulierungen auf dem Titelblatt der Dissertation verzögerte. Die Promovendin hatte ihre Prüfungen zuvor bereits erfolgreich bestanden. Daran gab es keinen Zweifel. Die Promovendin hatte sich zudem gewünscht, den Titel "Doktor" als Bezeichnung des generischen Maskulinums zu erhalten statt "Doktorin". Dies war lediglich der erste derartige Fall an der TUM seit Inkrafttreten der Neufassung der Promotionsordnung 2021. Deshalb hat sich der Ablauf etwas verzögert, was auch nicht mehr vorkommen sollte. Da wir an der TUM möglichst große individuelle Freiheiten bezüglich geschlechterspezifischer Bezeichnungen gewähren, haben weibliche Promovierende natürlich die Möglichkeit, den akademischen Grad "Doktor" oder "Doktorin" zu wählen, so auch in diesem konkreten Fall. Also erneut: kein Grund zur Aufregung.
Ebenfalls von der Staatsregierung beschlossen wurde ein Entwurf für ein "Gesetz zur Förderung der Bundeswehr in Bayern", das nicht nur Zivilklauseln an bayerischen Hochschulen untersagt, obwohl es gar keine gibt, sondern ein allgemeines Kooperationsgebot für die Hochschulen mit der Bundeswehr festschreibt. Stellt das Wissenschaftsministerium auf Antrag der Bundeswehr fest, dass eine Kooperation für die nationale Sicherheit erforderlich sei, sollen die Hochschulen künftig sogar ministeriell zur Zusammenarbeit gezwungen werden. Eine Grenzüberschreitung?
Die grundgesetzlich verankerte Freiheit von Lehre und Forschung wird an der TUM mit höchster Wertigkeit gelebt und schließt aus meiner Sicht ein Verbot von Forschung zu Dual-Use-Technologien und eine entsprechende Zivilklausel aus. Darum gab es an der TUM auch nie eine Zivilklausel. Außerdem bin ich der Überzeugung, dass wir uns keiner Technologie verschließen sollten, nur weil sie gegebenfalls Dual-Use-Potential mit sich bringt, also neben zivilen auch für defensiv-militärische Zwecke genutzt werden könnte. Oft genug war es in der Vergangenheit doch sogar umgekehrt: Zahlreiche Technologien wurden beispielsweise in den USA primär für militärische Zwecke entwickelt und führten dann, etwa in der Luftfahrt, zu innovativen Fortschritten in der zivilen Nutzung. Unnötige Einschränkungen bei der Erforschung von Dual-Use-Technologien an der TUM wären somit zum Nachteil des Innovationsfortschritts im zivilen Bereich.
"Wenn der Staat seine Universitäten verstärkt für den Schutz der Bevölkerung in die Verantwortung nehmen will, hat dies aus meiner Sicht nichts mit einem Verlust der Freiheit in der Wissenschaft zu tun."
Außerdem dürfen wir nicht leugnen, dass sich in den vergangenen zwei Jahren die Sicherheitslage in der Welt dramatisch verändert hat. Im Sinne einer friedlich ausgerichteten Verteidigungspolitik sehe ich auch die Hochschulen gefordert, ihre technischen Entwicklungen und Innovationen auch zum Schutz unserer Bevölkerung, der freiheitlich demokratischen Grundordnung und der nationalen Sicherheit zu nutzen. Wenn der Staat seine Universitäten nun verstärkt in die Verantwortung nehmen will, hat dies aus meiner Sicht nichts mit einem Verlust der Freiheit in der Wissenschaft zu tun. Denn nicht für einzelne Forscher oder einzelne Forscherinnen soll das Gebot zur Kooperation gelten, sondern für die Hochschule als Institution. In die individuelle Entscheidungsfreiheit wird aus meiner Sicht mit dem aktuellen Gesetzesentwurf an keiner Stelle eingegriffen.
Im Oktober 2019 haben Sie Wolfgang Herrmann nach 24 Jahren als TUM-Präsident abgelöst. Herrmann war eine Institution, er hat die Universität zu der gemacht hat, die sie heute ist. Und was machen Sie jetzt anders als er, Herr Hofmann?
Wir sind seit 2019 noch besser geworden, in den Hochschulrankings weiter aufgestiegen und rapide gewachsen bei den Studierendenzahlen, während zahlreiche andere deutschen Hochschulen stagnieren oder schrumpfen. Im aktuellen THE-Universitätsranking besetzen wir Platz 1 in Deutschland und der Europäischen Union. Diese Entwicklung der TUM ist auch Ergebnis mutiger Reformen seit 2019. Also kein einfaches "Weiter so", sondern ständige Veränderung ist unser Gebot der Stunde im international galoppierenden Wettbewerb. In dieser Grundhaltung bin ich geistig sehr nahe bei Wolfgang Herrmann. Wie er bin ich fest davon überzeugt, dass zur erfolgreichen Führung einer Universität Weitsicht, Veränderungsmut und Furchtlosigkeit gehören, immer wieder neu zu denken, innovative Maßnahmen zu entwickeln und Überkommenes einfach zu lassen. Diese operative Agilität und Adaptierungsdynamik sind für zukünftigen Erfolg genauso wichtig wie eine möglichst große Diversität der Talente. Und genau das macht die TUM als "unternehmerische Universität" aus. Aber natürlich gibt es Unterschiede zwischen Wolfgang Herrmann und mir. Viele sagen, dass der größte Unterschied in unseren Führungsstilen liegt. Das mag sein und das ist gut so. Denn der Führungsstil muss zeitgemäß sein, um erfolgreich zu sein, und heute die kreative Kraft der gesamten Universitätsgemeinschaft einbinden.
"Der ewige Patriarch" lautete die Überschrift eines Porträts, das ich einmal über Ihren Vorgänger geschrieben habe.
Mein Führungsstil ist inklusiv und kooperativ. Ich gebe die grobe Richtung vor, höre zu, stimme mich ab und lasse mich hin und wieder mit guten Argumenten auch gerne überzeugen. Und natürlich braucht es manchmal am Ende mutige Entscheidungen, denn wir dürfen unsere Ziele nicht aus dem Blick verlieren.
Mutig ist zum Beispiel, dass die TUM als einzige Universität in Bayern die gesetzlichen Möglichkeiten nutzt und Studiengebühren für Nicht-EU-Ausländer einführt, und zwar in beträchtlicher Höhe: zwischen 2000 und 6000 Euro pro Semester. Beunruhigt es Sie nicht, dass keine andere Hochschule mitzieht?
Ich kann nichts zu den Gründen sagen, warum andere die Studiengebühren nicht einführen wollen. Entscheidend ist doch, warum wir uns dazu entschieden haben, Gebühren für Studierende außerhalb der Europäischen Union einzuführen. Als Universität mit internationalem Exzellenzanspruch wollen wir uns nicht nur in der Forschung, sondern gerade auch in der Lehre mit den Besten der Welt messen. Beim Blick auf unsere internationalen Wettbewerber fällt sofort auf, welche enormen Summen die Spitzenuniversitäten in die Erneuerung des gesamten Lehrumfelds investieren, in neue Infrastrukturen, in innovative Lehrtechnologien und -formate oder auch in die weitere Verbesserung der Betreuungsrelationen, die vielerorts völlig anders aussehen als bei uns. Das bedeutet für uns: Um mithalten zu können, um Studiengänge auf höchstem internationalen Qualitätsniveau anbieten zu können und unsere Studierenden wirklich zukunftsfähig auszubilden, braucht es viel mehr Geld als uns staatliche Mittel dazu zur Verfügung stehen. In ganz Deutschland ist die staatliche Grundfinanzierung der Hochschulen dazu nicht ausreichend. Daher wollen wir unsere Finanzierungsbasis verbreitern und eingenommene Studiengebühren gezielt für die Verbesserung der Lehre einsetzen. Davon profitieren alle Studierenden, die nationalen wie die internationalen, und von den bestausgebildeten Talenten ihre späteren Arbeitgeber.
Und Sie haben keine Sorgen, Sie könnten mit der Einführung internationale Studierende abschrecken? Baden-Württemberg schafft die Gebühren gerade wieder ab mit dem erklärten Ziel, dann wieder mehr Talente aus dem Ausland anziehen zu können.
Es gibt da doch große Unterschiede zu uns. Erstens: Die Universitäten in Baden-Württemberg waren beim Anteil internationaler Studierender nicht ansatzweise auf unserem Niveau. Bei den Master-Studiengängen liegen wir inzwischen bei 57 Prozent internationale Studierende. Zweitens war es ein politischer Fehler der Landesregierung in Baden-Württemberg, dass ein Großteil der Gebühren gleich wieder eingezogen wurde, so dass eine spürbare Verbesserung der Lehrqualität eben nicht erreicht werden konnte. Doch nur spürbare Verbesserungen hin zu einem wirklich exzellenten, modernen Lehr- und Lernumfeld werden internationale Studierenden trotz der (international ohnehin üblichen) Gebühren nach München bringen. Sicher wird es in den ersten zwei, drei Jahren Schwundeffekte geben. Das zeigen die Erfahrungen aus den Niederlanden und anderen europäischen Ländern. Es hat sich aber gezeigt, dass an diesen Hochschulen anschließend die internationalen Studierendenzahlen wieder hochgingen – und dann schnell über den Stand vor der Einführung der Studiengebühren hinausgeschossen sind.
"In international ausgerichteten Berufsfeldern macht es heute keinen Sinn mehr, einen Studiengang auf Deutsch anzubieten."
Aber rechtfertigen die Erträge überhaupt den Aufwand?
Das System fährt stufenweise hoch über mehrere Jahre, weil wir nur von neuen Nicht-EU-Studierenden Gebühren verlangen und nicht von denen, die schon bei uns sind. Außerdem wird es für bis zu 20 Prozent der Studierenden Erlass-Stipendien geben: für die absolut herausragenden Talente genauso wie für finanzschwächere Bewerber, weil wir andernfalls an Diversität verlören, wenn die soziale Herkunft über den Universitätszugang entscheiden würde. Insofern tue ich mich schwer, einen konkreten Eurobetrag zu nennen. Aber wir rechnen mittelfristig schon mit einem signifikanten zweistelligen Millionenbeitrag.
2014 hatte Wolfgang Herrmann angekündigt, bis 2020 alle Masterstudiengänge auf Englisch umstellen zu wollen. Was ist eigentlich daraus geworden?
Das wurde als Ziel diskutiert damals, aber in dieser Absolutheit nie beschlossen. Wir haben den Anteil englischsprachiger Studiengänge seitdem organisch wachsen lassen, heute liegt er im Master bei über 70 Prozent. Darunter sind etliche Studiengänge, die Sie zu großen Teilen auch auf Deutsch studieren können, die also im Prinzip zweisprachig sind. Wir erleben aber, dass der Nachfragetrend immer stärker Richtung Englisch geht. Vor kurzem haben wir sogar den ersten Bachelor-Studiengang auf Englisch, für Luft- und Raumfahrt, gestartet, und seitdem ist die Bewerberlage mehrfach überzeichnet mit Bewerberinnen und Bewerbern aus der ganzen Welt. Wir sehen: In international ausgerichteten Berufsfeldern macht es heute einfach keinen Sinn mehr, einen Studiengang auf Deutsch anzubieten, sondern nur auf Englisch.
Wie aber soll das funktionieren, wenn ein Großteil der Lehrenden deutsche Muttersprachler sind? Führt das nicht zwangsläufig zu einer intellektuellen Verflachung, weil sich die Lehrenden und Lernenden in einer Fremdsprache nicht so präzise ausdrücken können wie in ihrer eigenen?
Wir lassen bei der Beantwortung von Fragen in Klausuren in der Regel beide Sprachen zu. Sie können also, wenn die Frage auf Englisch gestellt ist, auch auf Deutsch antworten. Wir sehen aber, dass für die meisten jungen Leute – unabhängig von deren Herkunft – die Kommunikation auf Englisch überhaupt kein Problem mehr ist. Sie sind damit aufgewachsen und dank Social Media und Internet ganz anders darauf getrimmt als frühere Generationen.
Für die Studierenden mag das stimmen. Aber was ist mit ihren Profs?
Ich kann wieder nur für uns an der TUM sprechen, aber unsere Professorinnen und Professoren sind weltweit unterwegs und auf ihren Dienstreisen, bei Vorträgen und auch der Lehre gewohnt, Englisch zu sprechen. Viele kommunizieren mit ihrem gesamten Mitarbeiterkreis nur auf Englisch. Trotzdem bieten wir über unser Sprachenzentrum Kurse an für Dozenten, die ihr Englisch verbessern wollen. Und diejenigen, die aus dem Ausland zu uns kommen, unterstützen wir beim Deutschlernen. Und das tun wir vor allem, damit sie in Deutschland auch außerhalb der Hochschule sprechfähig sind und sich integriert fühlen. Ohne Sprachkompetenzen ist es einfach schwieriger, ausländische Talente und deren Familien in Deutschland zu halten.
Die TUM ist unter anderem mit einem Verbindungsbüro in der Volksrepublik China vertreten. Im Oktober 2020 haben Sie persönlich eine sogenannte Flaggschiffpartnerschaft mit der Tsinghua-Universität in China besiegelt. Bereuen Sie den Schritt inzwischen?
Keineswegs! Auch wenn der politische Druck auf die deutsch-chinesischen Beziehungen massiv zugenommen hat, stehen wir zu einer Stärkung der wissenschaftlichen Beziehungen mit ausgewählten chinesischen Partneruniversitäten. Erst vergangene Woche bin ich nach China geflogen zum Besuch des Präsidenten der Tsinghua University, nachdem vergangenes Jahr eine chinesische Delegation der Universität bei uns war. Auch die Besuche an der Tongji University und der Shanghai Jiao Tong University waren äußerst spannend und inspirierend. Denn wer glaubt, dass diese Universitäten etwas von deutschen Universitäten lernen können, irrt sich grundlegend. Ich glaube, dass viele deutsche Universitäten von diesen Spitzenuniversitäten aus China lernen können!
"Generalverdacht hilft niemanden weiter und entzieht jeder Zukunft die Grundlage."
Also alles wie immer in den Beziehungen zu Ihren chinesischen Partner?
Unsere Ziele sind beständig, aber der Blick und die Rahmenbedingungen haben sich verändert. Wir gehen heute mit großem Bedacht in unsere internationalen Partnerschaften. Wir schauen uns schon sehr genau an, mit welchem Partner wir zu welchen Themen zusammenarbeiten, unter welchen Konditionen und mit welchen Standards wir kooperieren und wann wir es eben nicht tun. Und wir bereiten unsere Mitarbeitenden vor; wir unterstützen sie mit Coachings, Reisehandys und Reisecomputern, bevor sie auf Dienstreise gehen. Ich halte es für einen kapitalen Fehler zu glauben, Deutschland könnte sich aus einer Zusammenarbeit mit China zurückziehen. Nur durch internationale Spitzenallianzen werden wir unsere heutigen Herausforderungen wie beispielsweise zu Gesundheit oder Klimaschutz lösen können und auch den Wirtschaftsstandort Deutschland sichern können.
Was antworten Sie einer Bundesforschungsministerin, die sagt: "Hinter jedem chinesischen Forscher kann sich die kommunistische Partei verbergen"?
Generalverdacht hilft niemanden weiter und entzieht jeder Zukunft die Grundlage! Aus der Geschichte können wir lernen: Unwissenheit und Ignoranz trennen die Welt, nur der Austausch verbindet Menschen und Kulturen – und dies ist die Grundlage für Partnerschaften. Natürlich müssen wir dazu unsere Sicherheitsprotokolle anpassen und achtsamer sein als früher, aber wir müssen auch die über viele Jahre aufgebauten Brücken bewahren, mit denen wir deutsche und chinesische Partner in Austausch bringen. Denn sind diese Brücken einmal abgebrannt, wird es Jahrzehnte dauern, wieder Vertrauen aufzubauen.
Bayerns Staatsregierung brüstet sich damit, wie kein anderes Bundesland in die Wissenschaft und die Hochschulen zu investieren, Überschrift: "Hightech Agenda Bayern" (HTA). Laut Wissenschaftsminister Blume sind darüber über 1000 neue Professuren entstanden und verstetigt worden, außerdem sind die Rahmendaten für die Hochschulfinanzierung schon bis 2027 vereinbart. Glückliches Bayern?
Mit der HTA hat Ministerpräsident Söder einen echten und weit sichtbaren Impuls gesetzt für Innovationen aus Bayern; dieser sucht bundes- und europaweit seinesgleichen. Andererseits wird es überall im Land enger, auch bei uns. Ein insuffizienter Bauunterhalt oder die gestiegenen Energiekosten setzen uns wie alle anderen Hochschulen zunehmend unter Druck. In Verbindung mit der unzureichenden Grundfinanzierung presst die Inflation die Hochschulen in ein Korsett, welches jeglichen Atem für die im heutigen internationalen Wettbewerb so dringend erforderlichen Neuausrichtungen in Forschung und Lehre nimmt. Auf der anderen Seite müssen wir einsehen, dass die Staatshaushalte sowohl im Bund als auch in den Ländern momentan sehr belastet sind. Anstatt nur mehr Geld zu fordern, müssen wir daher als Hochschulen selbst agiler werden und alte Zöpfe abschneiden, um dem Neuen eine Chance zu geben, beispielsweise den Ausbau der Unterstützung von Ausgründungen und Start-ups. Denn nur mit neuer Wirtschaftskraft in Deutschland werden auch die Staatskassen wieder besser gefüllt werden, und das Land kann wieder in seine Hochschulen investieren. Also, nicht Jammern bringt uns weiter, sondern Machen!
Das mit der Agilität ist Ihnen, wie man merkt, sehr wichtig. Können Sie Ihren Anspruch mit ein paar Zahlen unterlegen?
Genau zu der Frage haben wir eine Studie durchführen lassen mit dem Ergebnis, dass jede Personalstelle, die der Freistaat bei uns an der TUM finanziert, im Schnitt 14 neue Arbeitsplätze in unseren Start-ups generiert. Das kann sich doch sehen lassen und ist, neben tausenden Absolventen jedes Jahr und unseren Forschungsallianzen mit der Wirtschaft, ein ganz konkreter Return on Investment.
Mit Verlaub: Solche Studien präsentieren viele Hochschulen und Forschungseinrichtungen, und jedes Mal kommen fast unglaubliche Zahlen dabei heraus.
Unsere Zahlen sind belastbar. In der Wissenschaft streben wir vor allem nach neuem Wissen und Erkenntnissen, aber in einem nächsten Schritt übernehmen wir die Verantwortung dafür, dass aus dem Wissen auch marktfähige Innovationen und neue Arbeitsplätze entstehen. Deshalb ermutigen wir alle Universitätsmitglieder, von den Studierenden bis zu den Professorinnen und Professoren, wenn sie eine tolle Geschäftsidee haben, diese auch zu verfolgen. Und wir unterstützen sie dabei. Mit dem Ergebnis, dass heute fast 500 Gründungsteams durch die TUM gefördert werden und weitere 180 studentische Initiativen, über alle Fächer und Disziplinen hinweg. Gerade war eine Gruppe von Studierenden bei mir, die an einer Methan-Sauerstoff-Rakete arbeitet, um sie Ende des Jahres über die 100-Kilometer-Grenze hinaus in den Orbit zu schießen.
"Die Reduzierung der Höchstbefristung in der Post-Doc-Phase ist ungerecht, denn sie ist zum Schaden der jungen Menschen selbst."
Wenn Sie so viel Wert auf das Schaffen neuer Arbeitsplätze in der Wirtschaft legen, was tun Sie für gute Arbeit an der eigenen Universität? Schließlich sehen sich die Hochschulen selbst mit dem stärker werdenden Fachkräftemangel konfrontiert.
Ich danke Ihnen ausdrücklich für diese Frage, denn damit sind wir an einem Schlüsselpunkt angelangt. Wir Hochschulen müssen als Arbeitgeber attraktiver werden, uns dafür am eigenen Schlafittchen packen und viel mehr tun für verlässliche Karrierewege auch unterhalb der Professur. So sind auch zahlreiche Stückelverträge hintereinander unfair gegenüber den jungen Menschen, die sich uns anvertrauen. Die Ampel will zu diesem Zweck das Wissenschaftszeitvertragsgesetz (WissZeitVG) novellieren, doch das wird ins Auge gehen, wenn sie das falsche Modell wählt. Laut aktuellem Entwurf sollen künftig nach der Promotion vier Jahre Befristung erlaubt sein und dann nochmal zwei Jahre – aber nur, wenn klar ist, dass die Person danach einen Dauervertrag erhalten kann. Dies kann aber nur in wenigen Fällen erfolgen, so dass de facto für die meisten nach maximal viel Jahren als Postdoc Schluss wäre. Vier Jahre sind aber oft zu kurz, um sich über exzellente Forschung und hochkarätige Veröffentlichungen tatsächlich für eine Professur zu qualifizieren. So täuscht der Reformvorschlag für das Wissenschaftszeitvertragsgesetz eine falsche Gerechtigkeit vor. Tatsächlich ist die Reduzierung der Höchstbefristung in der Post-Doc-Phase ungerecht, denn sie ist zum Schaden der jungen Menschen selbst. Und sie wird einen enormen Brain Drain auslösen, entweder heraus aus der Wissenschaft insgesamt oder hinein in ausländische Universitäten, die sich kein solch wissenschaftsfeindliches Korsett anziehen.
Ihr Alternativvorschlag lautet also: Einfach die Regelung lassen, wie sie ist?
Nein, ich unterstütze prinzipiell ein Tenure-Track-System für den wissenschaftlichen Mittelbau mit Nachdruck. Der aktuelle Gesetzesvorschlag ist allerdings verlogen! Statt den Befristungszeitraum von maximal sechs auf vier Jahre zu kürzen, wäre es im Sinne einer Karriereplanbarkeit sicher sinnvoller, die realen Vertragslaufzeiten für Postdocs generell an die Förder- oder Zuwendungsbescheide für Projekte anzupassen, anstatt sie mit Stückelverträgen zu gängeln. Wie auch immer macht die Umsetzung des aktuellen Gesetzentwurfs nur dann Sinn, wenn im dimensionalen Ausmaß neue entfristbare Stellen an die Universitäten kommen. Und dies halte ich vor dem Hintergrund der heute knappen Staatskassen für schieres Wunschdenken. Die Politik muss sich der Konsequenzen ihres Handelns schon bewusst sein!
Sie sagen, die Hochschulen seien gefragt, sich intelligente Konzepte für Karrierewege auch unterhalb der Professur zu überlegen. Welche fallen Ihnen da konkret für die TUM ein?
Das Wissenschaftsmanagement wird immer wichtiger und ist ein hoch attraktives Aufgabenfeld. Diese Kolleginnen und Kollegen tragen maßgeblich dazu bei, dass an der TUM Spitzenleistungen in Forschung und Lehre erzielt werden. Deswegen haben wir zum Beispiel das berufsbegleitende Qualifizierungsprogramm TUM Science Manager aufgelegt. Es dauert zwischen 12 und 24 Monate und die Teilnahme am Kursprogramm erfolgt während der Arbeitszeit – wird also bezahlt.
"Als Franke müsste ich angesichts der Gründung der TU Nürnberg jubeln, aber eine Spitzenuni lässt sich nicht mit der Brechstange schaffen."
Sie haben es vorhin gesagt: Die Hochschulfinanzierung wird auch in Bayern enger. Gleichzeitig hat der Freistaat vor wenigen Jahren die Technische Universität Nürnberg (UTN) neu gegründet, übrigens mit tatkräftiger Unterstützung Ihres Vorgängers, und massive Investitionen versprochen.
Da sehen Sie, dass wir uns doch in einigen Dingen unterscheiden.
Inwiefern?
Als Franke müsste ich jubeln! Aber wenn wir in die Welt hinausschauen sehen wir, dass sich international führende Forschungsstandorte evolutionär und über lange Zeiträume hinweg entwickelt haben. Eine Spitzenuni lässt sich nicht mit der Brechstange schaffen, sondern braucht Geld und vor allem Zeit – viel Zeit! Ein Professor in Stanford hat zu mir mal gesagt, eine wissenschaftliche Top-Einrichtung zu schaffen, koste 100 Milliarden und dauere 100 Jahre.
Erst neulich hat Ministerpräsident Söder einen Strategiewechsel verkündet: die Fokussierung der UTN auf das Thema Künstliche Intelligenz. Sogar einen schnittigen neuen Titel hatte er im Angebot: "Franconian University of Artificial Intelligence".
Ich habe das nicht zu entscheiden. Ich persönlich würde eine Universität nicht thematisch einschränken, selbst wenn es sich wie bei der KI um eine disruptive Querschnittstechnologie handelt. Aber ich glaube, das ist so auch nicht gemeint.
Vielleicht sagen Sie das nur, weil Sie fürchten, dass die UTN ihnen demnächst Ihre KI-Talente abjagt.
Das erwarte ich nicht, und es wäre auch kein sinnvoller bayerischer Ansatz, dass wir jetzt das Wildern beieinander anfangen.
Wie aber wollen Sie überhaupt all die neuen KI-Lehrstühle besetzt bekommen, die in den vergangenen Jahren im Freistaat ausgelobt wurden?
Da sehe ich kein Problem. Wir haben praktisch alle Professuren der HTA besetzt – mit wirklich exzellenten Leuten. Es ist nicht so, dass alle 150 sogenannten KI-Professuren in Bayern jetzt mit Mathematikern und Informatikern besetzt werden, die KI-Grundlagenforschung machen. Davon gibt es in ganz Europa vielleicht 50 ernstzunehmende Leute. Aber die KI hat viele Facetten und Anwendungsdomainen, in denen dann auch die Wertschöpfung von KI entsteht. In solchen Feldern haben wir zahlreiche Berufungen gemacht, wie beispielsweise in der Robotik, der Medizin, in den Sozialwissenschaften und vieles mehr.
Wie passt es eigentlich zusammen, dass Sie an der TUM Spitzentechnologien und KI derart in den Mittelpunkt stellen, gleichzeitig aber gerichtlich bestätigt einen Bewerber abgelehnt haben mit der Begründung, dessen Motivationsschreiben sei mithilfe Künstlicher Intelligenz erstellt worden? Warum sind Sie da nicht offener?
Weil das Motivationsschreiben die individuelle Prägung des Kandidaten zeigen soll. Welchen Sinn hätte es sonst? Etwas völlig Anderes ist es, wenn unsere Studierenden und Lehrenden ChatGPT oder andere sogenannte Large Language Models im Studium einsetzen, das stimulieren wir mit Nachdruck. So wie sich der Taschenrechner zum bewährten Hilfsinstrument entwickelt hat, wird das auch mit KI-Anwendungen sein. Darum bauen wir sie proaktiv in unsere Lehre ein, damit unsere Studierenden vorbereitet sind. Aber erklären, warum sie zu uns an die TUM kommen wollen, sollen unsere Bewerber schon noch selbst.
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Issue 20.3 of the Review for Religious, 1961. ; CONGREGATION OF SEMINARIES Ecclesiasti .al Formation Prot. ,N., 2121:60 LETTER TO THE EPISCOPATE IN THE THIRD CENTI~NARY YEAR OF THE'DEATH OF ST. VIN, CENT DE PAUL ON CERTAIN PROBLEMS OF EC-CLESIASTICAL FORMATION. Your 'Excellency, On June 5th of last y.ear, the Sacred Congregation of Studies, prompted by the wonderful example of the priestly life as typified in the holy Curd of Ars, addressed a letter to the episcopate. [For the text of this letter, see REview Fort R~I.~ctous, 18 (1959), 321-27.] The,.purpose of this letter was to recall to mind some fundamental princi-ples 'of ecclesiastical formation, the lack of which might irrevocably affect the sound preparation of the candidate foi" the priesthood and thus his success in the sacred minis-try. The radiant figure of St. Vincent de Paul, whose name in the third centenary 6f his death has resounded in every corner of the world, induces us to continue and complete our thoughts on this matter. The occasion presents to us anew the life of a saint who/it can be said, was a perfect pattern of Jesus Christ, the Eternal Priest. It offers an ex-ample which merits the earnest consideration of all those who are engaged in preparing students for the priesthood, preparing those who have answered the call to fashion themselves according to the model of the Master. Do not think that w~ are presenting an anachronism; if the spir-itual conditions of the clergy and of ecclesiastical training are happily" very different from, those under which the saint carried out his ~igorous reform, nevertheless the guiding principles which were the leaven of his multiple activity ever remain valid. His activity was impir(d by the eternal value of the Gospel message. The heroic charity which permeated his whole life ca~ not be explained or understood in its full significance un-less we realize that it had its origin in his great concept of the priest and the duties of a priest. ÷ ÷ ÷ Ecclesiastical Formation VOLUME 20, 1961 I6! ÷ ÷ $ac~ed Congregation o] Seminaries REVIEW FOR RELIGIOUS In a time of dire calamity which he felt deeply in his heart, he knew how to confront miseries with comfort and to help all those in need. Through his w~ork of refor.m he had already enkindled in the clergy that zeal which fosters in the faithful the.well-springs of charity. It car/be safely affirmed that there are few ~who l~ave felt to the same extent as St. Vincent de Paul the shpernatural value of the priesthood and its essential importance the Church as the source of Christian life. He had in com-mon with his great contemporaries of the French school a most tender devotion to the mystery of the Incarnation and to the Priesthood of Christ; nevertheless, inspired by his own pastoral experience, he gradually develgp.ed spirituality of his own which was directed immediately towards the practical pastorate and was sustained by an ever.more earnest zeal for,the salvation of souls. His out-look ~ras determined by concrete cases and showed itself in various ways, but it was always based on this funda-mental principle that the priest is the man whom God has selected and called to participate in the Priesthood of Jesus Christ. His task is to continue the work of redemp-tion and, animated with the spirit of Christ, carry still fur-ther .the work which Christ has done and in the way He has done it. For St. Vincent de Paul, our Divine Lord is above all the Savior of mankind and the priest must be another savior who continues His mission of salvation. Therefore he clearly saw. tha_t, the firs5. qualit~ies a prie~st should possess are an ardent charity and apostolic zeal and that if the love of God be the soul of priestly activity, the object of that love must lie in the salvation o~ rfien. See how the saint emphasizes effective love of God: Let us love God, my brethren, but at the cost of our toil and the sweat of our brow. For it often happens that' the various affective acts of the love of God and the interior motions of tender heart, even if they are good and. desirable, are none the less suspect if ,t.hey do not result in effective love. Our Lord Himself says: 'In this is my Father glo~ifidd: that you bring forth very much fruit" (Jn 15:8). w~ must be on our guard be-cause there are many who think that when their exterior de-portment is correct and they are: filled with great sentiments tqwards God that they have fulfilled their duty; but.when they are confronted with the practical work of the apostolate their inadequacy is made manifest. They flatter tti~mselves with their lively imagination; they'are content to converse sweetly with God in pra~er; they even talk the language Of the~ angels; but outside of this when it is a. case of working for God, when.is a case of suffering, of mortification, of instructing the poor, of going in ~earch of lost sheep, of being content'under l~ri~,tions, of a~cepting illness and bther misfortunes, alasl they are not to be counted on, their codrage~fails. Nol Nol We must not deceive ourselves: our whole jqb consists in working.1 a St. Vincent de Paul, Correspondance, entretiens, documents, 162 edited by P. Cost~ (Paris: 1919--25), 11, 40-1. .We c~n say, then, that St. Vincent de Paul sees the priest in- the light of his ministry for souls, souls who are buried in.ignorance of the truths of the faith, souls who are in a state of sin. Or better still, he sees the priest in the light of his service of Christ Himself~' th~it Christ whom the saint kriew how to perceive clearly in the suffering members of the Mystical Body, .even though immersed in the most ab-ject spiritual and bodily misery.- His intense activity consisted in the continual oblation of himself for love of the.God whom he saw and loved in his brethren. Was this activity separated from prayer and from union with God? Such a thought would be the great-est affront to the saint bf charity, since the fire he en-kindled. in others, he had first drawn from the heart of God Himself. We can not do better than to continue the above quotation where We see how graciously the saint treats of the point in'question: ~ There is nothing more conformable to the Gospel than for us to accumu_lafe light and strength for our own souls in prayer, spiritual reading, and solitude, and then to bestow on men this spiritual food. In doing so, we are following the example of our Lord andHis Apostles; we are uniting the task of Martha to that of Mary; we are imitating the dove which itself takes a part of the food.it has gathered for its own nourishment and gives the.rest to feed its young. This is what we must do. This is how we must prove to Gbd that wd love HirfiNthrough the mh.dium"of~ our good works? The aspect'under which he loved to think of the Savior is that foretold, by the Prophet and used by Christ at the beginning of His public lifein reference to Himself: "The spirit~of the Lord is upon me. Wherefore he hath anointed me to preach the gospel to the poor, he hath sent me to heal the contrite of heart, to preach deliverance to the cap-tives, and sight to the blind, to set at liberty them that are bruised, to preach the acceptable year of the Lord and the day of reward" (Lk 4:18-19). The poor, those in tribula-tion and distress, were indeed the special care of Vincent de Paul even if he did not exclude any social class from his apostolic work, seeing it to be his duty as a priest to work for the salvation of all. But to the poor and humble he cer-tainly showed his preference. For them his love was bound-less; it was a love which has given us the most glorious pages, in the annals of Christian charity. They were his principal concern in his reform of the priesthood. "Make good priests" a favorite expression of his meaning "Make holy priests"--signified for him a bringing back of the clergy particularly to their mission of preaching by which th, ey would rescue the people from their ignorance of the truths of the faith and lead them away from sin. By means of this he established an indissoluble link between the See the preceding note. ÷ ÷ ÷ Ecclcslasticai Formatio~ VOLUME 2~ 1961 163 ÷ Sacred Congregation ot Seminaries REVIEW FOR RELIGIOUS 164 priesthood' and the laity: good priests mean a good laity; ignorant or sinful priests are their ruin. From this unify: ing principle, "As the priest, so the people," were derived all St. Vincent's projects for the formation and sanctifica-tion of the clergy: the Congregation of the Mission, for ordinands, the Tuesday conferences, clergy re-treats, and especially the establishment of seminaries. his innovations bore the stamp of God's approval, for hav-ing first given himself up to humble and unceasing prayer he then went forward with his plans slowly and carefully so as not to jeopardize, as he used often say, the work of God. That was in fact characteristic of the man: to ensure that in every undertaking, big or small, he followed will of God, avoiding all forms of impatience which is detrimental but especially so in the carrying out the designs of God. This accounts for the qualities of en-durance which characterized his work. He sought God's will in all things, straining with the single-mindedness a saint towards the perfection which was his ideal for priests. Selection and Evaluation of Candidat.es The reply of St. Vincent to those who were proposing one of his own nephews for sacred orders out of motives not altogether praiseworthy is well known. He s~tid: "F~my part had I known at the time when I haft the rashness to enter the ecclesiastical state what I subsequently learned, I would have preferred to work in the fields than to go forward to such an awe-inspiring state." If we can see here evidence of the saint's constant and profound hu-mility, we can also see an indication of his very great reverence for the priestly vocation. In those unfortunate days when men entered the priest-' hood for motives, other than the wish to serve God and save souls,. St. Vincent's only preoccupation was to prevent from such an unworthy course those "who make the just weep tears of blood." Clearly the reason for his care was that "God gives the graces needful for this hgly state only to those whom, in His goodness, He calls,''3 "Those who enter there without His call would seem to be lost.''4 In these and similar quotations there is obviously evidence of Jansenistic pessimism; we know well St, Vin'-' cent's undying hatred for the harm caused by this teaching and the part he played in its condemnation. Of course, th~ fact is that he saw the priestly vocation through the eyes a saint--in other words, in its true supernatural light. Each priest is individually chosen by God who gives St. Vincent de Paul, op. cir., 6, 155-56. St. Vincent de Paul, op. cit., 5, 569. qualities necessary for his state and the graces to live up to its obligations. It was, therefore, with the express inten-tion of testing the genuineness of vocations and making them effective for leading souls in the path of justice and salvation, that the saint applied 'himself with:unflagging zeal to the establishment of seminaries formed on the Zri-dentine decrees. His first difficulties and reverses in no way daunted him. ., The seminary is of necessity a place of selection and for-mation where~the Church lays on superiors the onus of picking out those really chosen by God in, order that these may be'brought to the height of perfection demanded of them fbr the profitable exercise of their ministry in the world. Selection and formation, therefore, are two essen-tial factors of a seminary which can not be changed. The Church d~mands that this be recognized at all times and under all circumstances. She is guided by Divine Wisdom in the adoption of new methods and their adaptation, de-ciding with loving care how to meet changing conditions. She can never afford to compromise, her fundamental at-titude when dealing with seminaries; according to their state, she flourishes or declines. 'The priesthood is such a high calling, it demands so fine a character, it confers such great powers that it must be the result of a special choice, a special vocation from God. This special vocation is essential to those who are to receive the dignity and exercise the prerogatives of the priesthood. It follows that both the student and the Church should make it their business to find out what the will of God is in each individual case: the student that he may not lightly intrude himself into a state of life so exalted and to which he can lay no claim, the Church that she may not take the risk Of conferring orders on one who has not the necessary requirements. The Church has the strict obligation to seek the signs of a true vocation in all who feel themselves called to the sanctuary. She must make sure, at the same time, that they have the quali-ties which will enable them worthily and efficiently to ful-fill their office. We know that whenever God lays on men such exalted duties and responsibilities, He gives to those so chosen sufficient graces to enable them to carry them out worthily. The candidate puts himself, forward for the judgment of. superiors. It is for the superiors to judge and act accordingly. This scrutiny begins from the time a student first enters the seminary. It ends either with his ordination or with his dismissal as soon as it becomes apparent that he is un-suitable. Each superior in a seminary has his own particu, lar sphere but each, by reason of his sacred trust, has a twofold office. He is to be an educator in the daily task of making a new man out of each of those entrusted to his ÷ + + Ecclesiastical Formation VOLUME 20~ 1961 165 + 4. 4. Sacred Congrega6on oy Seminaries REVIEW FOR RELIGIOUS charge; and he is to be a judge as to whether they are corresponding to the graces they have received, as to their progress or otherwise, as to the evidence of further physi-cal and spiritual develolSment, and. as to their resistance to or inability to profit by the work of formation, it task which can not be shirked. The superiors, in their ac-tions, must be guided by the light of God to whom hearts are open and whom all hearts obey. To evaluate a vocation properly, it is indispensable know the student's whole personality. Taking qualities and abilities singly, considering weak points and defects in isolation, it is possible to be seriously mistaken. These elements must be considered under the aspect of a per-son's whole character-only thus can~ they be viewed their proper light. If we are to reach a-correct judgment on the vocation of candidates for the priesthood, we must not base that jtidgment on first impressions of a particular facet of their character. Rather, we must strive to see the whole person and thus we can reach a balanced estimate of the particular elements which form the,total character. There is a fundamental element in every person from which all the facets of his character spring.It follows, therefore, that the. superior's energy must be directed a profound study of each individual student, maximum importance to,the resourceful energy of the mind which is called will power. For example, some brilliant personalities at first make ¯ very favorable but often they are inconsistent characters who lack the necessary stability and will be unable to face tomorrow's temptations and the great trials of life ahead. They will fall victims to fatal weaknesses altogether much for their defective will power. At other times a. close scrutiny can reveal as' unjustified'the esteem held up then for .the piety or at least the devotional piety of youth who~ otherwise showed no great strength of:'charac-ter. We speak of that apparent piety which is the uncon: scious refuge of the intellectual and spiritual pauper who, once his environment is changed, will stand revealed in his weaknegs, We would insist that superiors watch closely over un-stable natures to see whether this weakness springs only from the youth of the students concerned. This will especially apparent in adolescents. On the other hand, may be a permanent defect of character, as in a youth who will apply himself to a hundred tasks without seeing through to its completion. He may be a pefson of nervous temperament, always vacillating and undecided, who puts one in mind of the: basic neurosis underlying these symptoms. Such characters as ~these, the products of, a world in ferment almost to the point of frenzy, can be blamed for their condition, but they are certainly the most suitable candidates for the ranks of the priest-hood. This requires a strong and even temperament, one ready to endure any sufferings and to take any risks for the advancement of God's kingdom. Therefore, both the who!e.personality and the. many individual traits must be thoroughly.examined, with par-ticular attention being paid to psychological and emo-tional stability. The superior is dealing with the realms of the spirit where the meeting.~of God with man is the inti-mate personal; responsibility of each individual; he must tread warily, making constant use of humble prayer, ap-proaching God with reverence, waiting and listening and sensitive to the-manifestations of His will. Supernatural means must always take the first place, but the aid which the sciences of the educationalist and the psychologist af-ford should not be forgotten. When one's own experience does not suffice, a specialist should be called in. This, of course, must involve no compromise of the faith and nothing which is contrary to Catholic morality must be countenanced. We can never be too careful in such deli-cate matters; this is especially~true because, as competent psychologists tell us, the mental maturity of modern youth frequently lags behind his physical growth---a trap for the unwary who would content themselves by judging from appearances. . In this matter, the Code of Canon Law, c. 973, §3, clearly lays down that there must be "a moral certainty based on positive arguments" . of the candidate's suitability. That is the judgment to be formed before a superior can with a safe conscience advance his candidates to holy orders. If it is impossible :to arrive at this moral certainty, the other rule must be applied, the r_ule stated by Pope Plus XI with equal clarity in his encycIical,letter .4d Catholici sacer-dotii of December 90, 1935: ", . in this [the Pope is speak-ing of dismissal from seminaries] they should keep to the most secure opinion, which in this case is the one most in favor of the penitent, for it saves him from a step which could be for him eternally fatal.''~ The. reason for this clefir~and uncompromising attitude must be evident to all who have at heart the good of the Church whose well-being depends on the qualities of her ministers. In her age-long wisdom, the Church has satis-fied herseIf of the real worth of these qualities, all the more so in view of the heavy burdens she places upon her ministers. Daily, every priest has an enormous weight of pastoral responsibility to bear. The various urgent prob-lems which clamor for his attention create tension and fatigue. He is beset with dangers at every step he takes in a world which is losing its Christian values and submitting ~Acta Apostolicae Sedis, 28 (1936). 41. ÷ + ÷ Ecclesiastical Formation VOLUME 20, 1961 ÷ ÷ ÷ Sacred Congregation ~o! Seminaries REVIEW FOR RELIGIOUS 168 to a paganizing influence. In view of this, it is no wonder that the Church exercises the greatest caution in the choice of those who are to be her priests. For the sake of her good name in the world and for the common good of the faith-ful, she can not afford to advance to orders even a single one whom she deems less suitable, such is the damage she might suffer at his hands. The unsuitable student of today is the unworthy priest of tomorrow. The Church must train up young men of sound moral fiber, ready to re-spond to the highest ideals, men of deep-root.ed convic-tions, prepared for sacrifice arid self-oblation. Only then does she feel confident in presenting them to her divine Spouse for the seal of ordination. Canon law carries a warning for those who have not a true understanding of the "tutiorism" clearly set forth in both general and par-ticular terms in many papal documents. They can not escape the penalty for defaulters with regard to the canon mentioned above. In fact, they are running a grave risk of "sharing in the sins of others:" All laxism must avoided and no other method or moral system may be countenanced which departs.from the line laid down, es~ pecially when it is a matter of making a final decision on student's ability to observe clerical celibacy. Undoubtedly, some otherwise sound moralists hold opinions which can hardly be reconciled with the "tutiorism" of papal pro-nouncements and repeated above. Unfortunately, there is no escaping the fact that 'in spite of the strict instructions of the Sacred Congregation of the Sacraments (Quara ingens of December 27, 19~0, and Magna equidem of December 27, 1955) not a few candi-dates without a true vocation have been admitted to holy orders. It is not a question of mistakes due to human falli-bility, since on examination of the hist6ry of many ship-wrecks, one becomes perfectly aware that clear indications of a lack of vocation to the priesthood could have easily been noticed during the period of training in the semi-nary. Besides, the Sacred Congregation itself has been able, through periodic apostolic visitations ordered in the vari-ous countries under its jurisdiction, to verify the.fact that not infrequently the fault lies in an inadequate sifting of candidates and the retaining in seminaries of students of little promise either from the human or from the supernatural point of view. It would seem that the policy of many superiors is guided by ~the sad state of dioceses which are hampered by a serious lack of priests. How can one act differently, one hears it asked, when we have not the necessary organization for pastoral work---even for the bare. administration of the sacraments? Is it'not per-haps better to have priests, even if they are not the best type of priests, as long as they provide ior the basic spiritual needs of the faithful? Such a utilitarian concept of the priesthood constitutes a denial of the very essence of the priestly vocation and the priestly ministry. Even if it is true that the efficacyof the sacraments does not de-rive from the goodness of the~minister, yet it is no less a fact that the building up of Christian life is closely bound up with the holiness of God's priests. Their mission, as seen from the Gospels, consists precisely in enlightening their flock and protecting them from corruption, not only iby means of grace, but also by the personal example of 'their lives (see Mt 5:13-14). We must not reduce the priest to the level of a mere bureaucrat of the things of God by ignoring his personal qualities and depriving him of the glory of his intimate union with Christ, a union which consists not only in sharing in His powers but also in copy-ing His virtues. This would be to deny in practice the in-escapable demands of the Catholic priesthood and its transcendent dignity. Preoccupation with numbers regardless of quality is clearly seen to be a mistaken policy. The admission to the sacred ministry of men who are only mediocre is a corrupting influence not only on the zeal of their fellow priests whose apostolic effort is thereby lessened but above all on thd intensity of the religious life of the laity. This last, of course, is a necessary condition for the birth of good and numerous vocations. It is' well to remember that in the ordinary course of events the appearance and develop-ment of priestly vocations d~rive from the personal action and example of the priest as from their instrumental cause. It is an undeniable fact that vocations flourish where there are real men of God~' SuCh men who believe in and love the sublime things they handle show forth in all its pure beauty the ideal which they preach. Acting as poles of attraction, they enkindle the spark of the divine call in generous souls who respond to living example rather than to mere words. Let it therefore be quite clear that preoccupation with numbers, whenever it tends to compromise quality, is self-destructive, slowly but surely drying up the sources of vo-cations and paralyzing the work of divine grace. It shows a weak faith, as we see from the vigorous words of Pope Plus XI, quoting St. Thomas Aquinas: Bishops and religious superiors should not be deterred from this needful severity by fear of diminishing the number of priests for the diocese or institute. The Angelic Doctor, St. Thomas, long.ago proposed this difficulty and answered it with his usual lucidity and wisdom: "God never abandons His Church; and so the number of priests will be always sufficient for the needs of the faithful, provided the worthy are advanced and the un-worthy sent away." . We reaffirm that one well-trained priest is worth more than many trained badly or scarcely at all. For ÷ ÷ Ecclesiastical Formation VOLUME 20, 1961 169 4, 4, Sacred Congregation o~ Seminaries REVIEW FOR RELIGIOUS 170 such would not be merely unreliable but a likely souxce of sor-row to the Church,° This Sacred Congregation, therefore, demands with all the force that accrues from its high mandate of watchful-ness, that the most exact and scrupulous care be taken in the choice of candidates. We exhort all those responsible for the task of selection not to minimize in the slightest degree, the wise rules laid down in this matter by Holy Church. Are we to allow ourselves to be overtaken in this respect also by'the children of darkness? We are well aware of the great care these latter exercise in the selection and training of those of their disciples who show the greatest natural gifts and display an ability to influence others; their intention is to use such men to permeate the masses and gain them for their own ends. It is a principle both human and divine that the fate of institutions depends on quality and not on numbers. "Gidedn, with an im-mense host at his command, a host seemingly ready to face any danger or difficulty, hears it said to him by the Lord that in great enterprises, one must count on few, not on many. Selection is the rule of existence, of progress, and of perfection.''7 Let us, therefore, rest our hopes on those alone who are chosen by the Lord. Filled with the spirit of Christ, these men will be the vigorous band who by the integrity of their lives and their burning zeal for souls, will,lead the people of God back to the pure.sources of Christian life, thus ensuring the growth of a vigorous generation of priests. The Training of .Seminarians "To devote oneself to making good priests and~ to co-operate to this end as the secondary, efficient, and instru-mental cause, is to fulfill the very task of Jesus Christ. Our Divine Lord during His life on earth seems to have taken it as His very special work to train twelve good priests, His Apostles; with this end in view, He deigned to stay with them some years to instruct and train them for this sacred ministry." Teachers in seminaries must, then, be intimately united to Christ and must give themselves com-pletely to Him, for their work is the priestly work par excellence, "the most difficult, the most sublime, the most important for the salvation of souls and the progress of Christianity.''s "To make'more perfect priestsl Who can understand' the sublimity of this work?"9 "To make good priests is the greatest achievement in the world; it is ira-e Ad Catholici sacerdotii, Acta Apostolicae Sedis, 28 (1936), 44. ~ John XXIII, "Discourse ~to the Students of the Roman Colleges," January 28, 1960, in Acta Apostolicae Sedis, 52 (1960),272. sSt. Vincent de Paul, op. cir., 11, 7-8. * St. Vincent de Paul, op. cir., 11, 9. possible to conceive anything greater or more impor-tant." 10 For St. Vincent de Paul, therefore, those who have the task of educating candidates for the sanctuary can only be described as the perpetuation of Christ in th.eo~ighest realms of the priesthood. Such m~n carry on the teaching work of our Savior, instilling into the youths called to fol-low Him, those principles which He Himself taught to His Apostles before He sent them out tO procla.,im the message of salvation before men. It follows from this that in the mind of the saint, the seminary must be nothing other than a school in which the students, by means of a fitting preparation, learn those things both human and divine which they will need later if they are to bring forth the fruits of salvation. But they must learn these lessons from their superiors who, for them, stand in the place of Christ and who must be capable of instilling in them the spirit of Christ. The saint's spirituality is vigorous, Some have even con-sidered it hard, but such people have stopped at the mere letter of his vehement teaching without considering the thought behind it. It is true that he never tires of preach-ing reunciation, sacrifice, and detachment from family and from worldly goods; he demands the unconditional surrender of the will; he condemns in no uncertain terms indolence and laziness; he. brands pride as the chief ob-stacle to the triumph of grace in the soul of the priest. He insists on penance as the undoubted means of bearing fruit in the sacred ministry; he exalts the value of suffer-ing, renunciation, sacrifice, and detachment fromrfamily, the complete submission of one's own spirit in order to possess the spirit of Christ. Here we have the pure teach-ing of the Gospel, untainted by compromise or human considerations. It is from the Gospel that the Vincentian method of seminary training gains its strength and vigor. If the saint demands renunciation and sacrifice, he shows them in the light of the love of Christ and of souls. He preaches death too but only as the gateway to a richer life; he too takes the shears to the vine to prune it, to cut away all that is disordered and superfluous, but it is in order that the plant may have a more vigorous growth; he too preaches immolation in union with Christ, but it is as a way of coming to the triumph of the Resurrection at Easter and to the fullness of the Holy Spirit at Pentecost. Because he was intolerant of any form of self-love, including that kind which is more subtle and capable of cloaking itself ambiguously under the most plausible pretexts, he had a heart as vast as the ocean, a heart which was most t~nder, always ready to sympathize with every form of misery, ~°St. Vincent de Paul, up. cir., 12, 14. + + + Ecclesiastical Formation Sacred Congregation of Seminaries REVIEW FOR RELIGIOUS 172 and to beat with a zeal which in him was a devouring flame. Worthy friend of St. 'Francis de Sales, he possessed the delicate virtues of meekness and forbearance; he could rise on the wings of the supernatural over the limitations of human nature and yet stoop with understanding to its weaknesses. He was the Good Samaritan who saw in hu-man nature the humanity of Christ. For this reason he looked upon it with serenity and kindness, seeing it as the necessary foundation on which the dignity of redeemed mankind had to be built. But being conscious of its weak-nesses, he would allow it no more than the role of a means, never that of an end: "For he that will save his life, shall lose it; and he that shall lose his life for my sake, shall find it" (Mt 16:24-25). It is often repeated, and not without truth, that prior to making priests, the teachers in our seminaries should make it their first care to train upright men. The purpose of this assertion is to emphasize the importance of human qualities in the full priestly personality. This is the sincere mind of the Church. She demands precisely the presence of notable natural gifts in formulating a positive judg-ment on the worthiness of candidates, and these are the foundation, the starting point, of the ecclesiastical forma-tion. A vocation does not involve the rejection of the hu-man qualities of man. On the contrary, it places the high-est value on what he is by nature and by grace. The God who gives the divine call is the same God who has be-stowed the gifts and who waits for the day when these talents show their increase (see Lk 19:22 ft.). Grace does not destroy nature; but, according to a Thomistic princi-ple so very fertile in the field of theology, it restores, puri-fies, elevates, and transforms nature. Moreover, it can even be said that, in the ordinary course of events, nature con-ditions grace inasmuch as the action of grace is facilitated where human qualities abound, whereas it is stultified where human qualities are lacking. Consequently, any-thing which is contrary to nature has no part in Christian and priestly virtues; and any educational system which dis-dains natural virtues, even though it be presented under worthy pretexts, would be unreasonable and confusing and fraught with dire consequences. It could become the rock on which the frail barks of many vocations, guided by inexpert helmsmen, would founder. Much more en-couraging is the exhortation of the Apostle: "For the rest, brethren, whatsoever things are true, whatsoever modest, whatsoever just, whatsoever holy, whatsoever lovely, what-soever of good fame, if there be any virtue, if any praise of discipline: think on these things" (Ph 4:8). A wise teacher, then~ conscious of his responsibilities with regard to his students and in the eyes of the Church, will consider with religious care the individuality of each one and will know how to accept, stimulate, and develop the precious per-sonal gifts of each character. However; there has arisen today even in ecclesiastical circles an excessive tendency to ghrink from these duties as educators and to submit ~' ~l~e iiadividualism df oi]r mod-ern youth who seem intolerant of all discipline. There is much talk of how the child must be prepared for future responsibility by reducing restrictions in the field of edu-cation. In the community as a whole, self-government, the vital spirit of democracy, and group decisions are widely praised. This involves an ever decreasing guidance or so-called "interference" from superiors. They accept, that is, if not in theory, at least in practice, the conclusions of certain authorities whose theories, though much in vogue, are nonetheless reprehensible: We may rightly include under this category, those modern theories which, though presented under different names, agree in regarding it as fundamental in all forms of education that children should be allowed to mold their characters entirely at their own will and discretion, Advice from teachers, or elders is rejected and no account is taken of any law of assistance, human or divine. '. Unhappy illusionl Claiming.to emancipate the Child, they enslave'him; they make him a slave to arrogant pride and irregular desire, to a pride and passion which, if their system is true, are to be approved as the needs of an autonomous human nature?a Such theories owe their origin to an over-optimistic con-cept of human nature. They do not appreciate the frailty and inadequacy of man, nor, in his fallen state, his need to be ruled if he is to achieve self-control. This is above all the case with adolescents and young people who are natu-rally immature and often lured by merely transient en-thusiasms and torn by conflicting emotions. "The same thing is not possible for one who has a virtue and for one who does not have it; so too the same thing is not possible for a boy and for a perfect man".''~s If they lack singleness of purpose and perseverance, our students will never be able to control their impulses. In all kindness they must be made to accept subjection to rule and to realize the force of law. In this way, they will acquire deep-rooted habits which will neither stifle thei~ conscience nor restrict their liberty, but which are, on the contrary, the source of freedom and a guarantee of its ex-ercise. There is no doubt that the authority of the su-perior should control the liberty of the student but always in an atmosphere of mutual confidence, active collabora-tion, and charitable understanding. Thus[ the student's development will not stop short at mere p~assive submis-sion, bu.___~t will go to the very roots of his personality. n Pius XI, Divini illius Magistri in Acta Apos,tolicae Sedis, 22 (1950), 69-70. = St. Thomas Aquinas, Summa Theologiae, 1-2, 9.6, 2. + + + Ecclesiastical Formation VOLUME 20, 1961 173 Sacred Congregation of Seminaries REVIEW FOR RELIGIOUS Therefore, we can not approve of the attitude adopted in some institutions where there is not the necessary in-sistence on the fundamental value of the rule in the for-mation of young men for the Church: Discipline is the rule .of life and the way of virtue. If a rule life is necessary for men in general, how much more necessary is it for those called to the priesthood. Therefore, the discipline of the seminary and the observance of rule, even on minor points, should be close to the heart of every student. Superiors are necessary just as Supervision is necessary, but clerics should behave and fulfill their duties without the need of a superior to watch over them.= ~'o ask young students still in the process of formation to carry out their many duties without the help of a full and'detailed rule, to refuse them the benefits of a well ordered discipline, is to leave them a prey to uncertainty and to deprive them 6f an atmosphere which would be most helpful to their own personal efforts. The daily "bearing and forebearing" of a rule observed in detail will bring much fruit. It will develop reserves of will power; will prepare characters of strength and perseverance; and it will foster balanced and methodical minds, minds which will be able to remain master of themselves and control the situations which inevitably arise from the clash with the difficulties of life. We repeat therefore: It is one thing take care that our students, while being obliged to carry out their duty even to the smallest detail, are imbued with right principles both human and divine such as will en-able them to assume responsibili'ty in the future; it is an-other to exclude or compromise the actual value of the obligation. If discipline is to be fully effective, individual teachers must not operate in isolation. On the contrary, one must work together with his colleagues, taking c~re, however, not to intrude unduly in the province of any other. With this collaboration and guided by like con-victions, all can work for the progress of the seminary as a whole. We do not intend to evolve these ideas fully here. But, unfortunately, we must take notice of the fact that natu-ralism seems to have penetrated even into some institu-tions for ecclesiastical training. This has been partly due to those who universally condemn the past as unsuited to the task of forming new generations of young priests and who eagerly search for "up-to-date" methods. Yet an-other cause is the rather fatalistic passivity of those who indeed regret in their heart of hearts this dangerous in-novation in the field of education but still accept it as the inevitable consequence of living in our times. In these instances, there is evidence of a gradual decline which ~ St. Plus X, "Discourse to the Seminaries of Milan," October 14, 174 1908, in Enchiridion Clericorum, n. 827. seems to be affecting every aspect of ecclesiastical educa-tion. The common factor in the whole process seems to be an apprecxable lessemng of the supernatural element. The true foundauons of genmne oecclestast.lca! education prayer, intimate union with Gbd, a spirit of mbrtifica-tion, humility, obedience, withdrawal, and. s.eparauon from the world are retreating ever more into the background to be.replaced by externahsm under the g~ ~se of chanty. The intention is to '~'understand" our' era and the new generation. In reality, it only means givi~ng way to its Shortcomings. One has the impressi6n that teachers, far from exercising restraint, have encouraged and even be-come. obsessed with what is novel and untried. They are concerned rather to grant what would most ~tplease the stu-dent than to insist.on what wouldbe most beneficial, and they have not the courage xo ask.for self-dehial and sacri-rice. ! ¯ But Christ asks for both ~self-~en~al and s crifice. "Deny yourself'.' (Mr 16:24) is at the root of all Hislteaching, and ~t contains the,key to the secret of Christiari vocation and above, all the priestly, calling. The priest is the man of sacrifice, chosen to fill up by his own suffering, sacrifices, and his daily self-immolation that which ~s wanting m the sufferings of Christ (see Col 1:1 2 ) . H . eI ~Socalled to,bear fruits of grace; but without the Cross therelcan be no re-demption (see Heb 9:22). He is called to be alshining'light, but this can only be if he is aflame,with the spirit of self-sacrifice. We need hardly say that this liker~ess to C~hrist, Priest and Victim, must begin in the semirlary.We well realize how long the road is and how strong the resistance of human nature, for many "follow Jesus to the breaking of bread, but few to the drinking of the chalice~of His Passion.TM It is essential, therefore, that ou} students be-gin their self-denial and sacrifices from the loutset. Thus they may come to understand the truth and joy contained in these, words: I But blessed is that man who fir thee, O Lord; abandons all things created; who offers violenc~ to nature and through fervor of spirit crucifies the concupiscence of. the flesl~, so that with serene conscience he.may offer to thee pure prayer and become worthy to be admitted among the choir of angels, having ex-cluded himself both exteriorly and interiorly[ from all the things of earth.~ ., Above all, we must insist on the conflict which Christ Himself emphasized, between His ~spirit andI the'spirit of the world, the world for which Christ did[not wish to pray since it was already permeated wit[i the[spirit of evil and hardened against grace. Therefore His o~n must not :: ~.hKOemma~S,~.'~e:sP.i~, Zmitation o, Christ, ~, 1,, 1. " " P'o , o ¯ I 4. + Ecclesiastical Formation . VOLUME 20, 1961 ÷ ÷ ÷ Sacred Congregation oy Seminaries REVIEW FOR RELIGIOUS be of this world, just as He Himself was not of it (see Jn 17:9 and 14-16; 1 Jn 5:19). They must appreciate that they are consecrated ~o the things of heaven and that al-though taken from the world, they are no longer of it. Only as they detach themselves from the attractions of the world, from its principles, from its methods and from its facile compromises, will they become the salt of the earth and the light of the world. They must be made to realize that a priest does not cut himself off from his own times simply because he refuses to accept their fallacies. In a word, "the man dedicated to the Church, walks indeed this earth, but his mind and heart must look to heaven.''le Likewise in the delicate question of the students' as-cetical training, it is necessary to move slowly and with discretion and to maintaina gentle but firm hand: "ford-ter in re, suaviter in modo" or, to quote our saint, "firm-ness and constancy regarding the end, sweetness and hu-mility regarding the meansY This simply means that we must go back to the' life and teaching of our Savior which, if well presented, exert an irresistible attraction on the minds of the young. Nothing can equal these pure founts. Our students must be led to a spirit of intimacy with Christ, they must live according to that spirit which brings truth and freedom. They must believe in Christ with that strong faith urged by St. John (14:1), that faith which im-plies an unquestioning acceptance of His word, complete. confidence in His help, and a loyalty and correspondence with grace, even to forgetfulness of self. Through 'their daily contact with their Divine Master, they will be im-pelled to be more like Him (see 2 Cor $: 18), to assume His spirit, and thus gradually to achieve "unto a perfect man, unto the measure of the age of the fulness of Christ" (Eph 4:13). This seems to us to be'the royal way, in fact, the only way, in which our students can be made into the apostles of the future, "perfect men, furnished to every good work" (2 Tim 3:17), who will contribute successfully towards "the edifying of the body of Christ" (Eph 4:12). In fact, zeal for souls has always been nourished by a deep spiritual life and by a mortification which is wholly directed to- Wards personal holiness. But there is always a danger of destroying in a short space of time what has taken much labor to prepare. We are referring especially to the impatience, so common these d~ys, whereby our young students are submitted too easily and without the necessary precautions to trials which are beyond their strength. The aim of this, it is said, is that they may become aware of the surroundings 1e John XXlII, "Discourse to. Roman Colleges," in ,4cta Apos- 176 tolicae Sedis, 52 (1960), 262-70. advocate this method deceive themselves inl thinking that I in this way they are securing students against the dangers they are bound to meet with and that at ~he same time they are arousing in them at an early stage, [ m action and by action," the spirit that must animate their future apostolate. Yet they flatter themseh, es th~,t the diocese will thus be supplied with better priests; priests who from the beglnmng of their pastoral work will b'~e able to pro-duce more results and better results; priests who are .in the public eye, leaders of men, who are inla position to bear faithful witness to the Gospel. This policy of haste is not only based on a!mistaken ner-spectlve, ~n so far as it gxves first place to what must neces- I sarily take second place both in importance and in se-quence; but m addmon ~t presupposes somethang whxch does not exist at all, namely, a sp~rxtual, ~nt~ellectual, and moral maturity that is essential if this exper~.ence of which we speak is to be of profit. What is more, it distorts the nature and aim of the seminary as conceived by the Church's legislation. The seminary is not a~ad never can be a place for testing theories and still le~ss a training ground for dangerous and compromising actxwues. It can be nothing other than a home for deep ~piritual and intellectual formation. O1: course, the futureI apostolate is and, must be a source of inspiration, but anyI practical ex-perience must come by degrees and only when the student has reached the requisite standard. Such is th~ mind of the Popes. They are so concerned with keeping the true aim of the seminary intact that they visualize a particular in-stitution with the specific task of initiating the young priests into the various fields of the apostolat6. In this way the transition from the quiet of the seminary is brought about naturally and, with a more adequateI preparation in theory and practice, the danger of eventual spiritual unbalance is precluded,x7 | TO destroy the whole balance of the life~of our semi-naries and their proved worth on the plea of a~n imaginary "apostolate of action" must of necessity do ~mmense harm~' Indeed, it is to be feared that, if priests of t~e future are trained by such a method based on activity, they will not be able to perform really fruitful apostolic ~lwork. They will not be able to surmount difficulties andl discourage-ment and will fall an easy prey to the moral ihstability of ttle restless and treacherous world in which ~ve live. Ex-perience teaches that the bridling of the passions is an interior achievement that must be accomplished in the secret depths of the soul. It takes place slowly ~nd only by a~ See Menti Nostrae (Acta Apostolicae Sedis, 42 [1950] 691-92) and the motu proprio Quandoquidem (Acta Apostolicae S~,dis, 41 [1949], 1.65-67). 4. Ecclesiastical Formation VOLUME 20, 1961 ÷ ÷ ÷ Sacred Congregation oJ Seminaries REVIEW FOR RELIGIOUS means of reflection and recollection. If we allow our stu-dents to throw themselves into external activity, if we leave them free to indulge in that kind of enthusiasm which could easily lead them away from their strict but necessary life of piety and study--even if it is to gain experience of the apostolate---does it not mean, perhaps, that we are drawing them away from their day to day formation which is nourished on prayer, study, and sacri-fice? And at length when their training in the seminary is at an end and they have to face the serious reality of life without sufficient preparation, is it not to be feared that passions suppressed but'not truly subjugated will return? The results of such an education can be observed while still in the seminary. A weakening of piety, a lack of in-clination for all forms of study and especially for specu-lative thought, a discipline that is undermined at its very foundations, and, above all, the appalling superficiality that is found in various branches of education--surely these things are incapable of producing true apostles for the Church. Here we can appropriately quote a saying of St. Vincent de Paul. It can serve as a general rule of- be-havior but it has a special value :when applied to educa~ tion. "Good works fail because people act in too great haste, because they act on their own impulses. This haste has the effect of obscuring the mind and reason and pre-sents the object as possible and opportune. It is not so, and subsequent failure makes it evident.''is Accordingly, rather than use doubtful methods to train a priest just for the present, we must make every effort to form one who will be a priest forever. Conclusion I Your Excellency, before concluding this present letter' in which we have sought to express our concern on cer-, tain matters, we can not but address a last word to the teachers in our seminaries. Whatever position they hold, they are well aware of the seriousness of their duties and of the great responsibility "they bear before God for their students, whom they are seeking to train for the high office that awaits them. In this .unremitting yet hidden toil, which often brings little human satisfaction though it earns much merit, they must never forget their great aim. We are all fully convinced of the importance of en-vironment. Therefore the good will of the students must be encouraged and they must be helped at every stage, of their path towards priestly perfection with all the a.ssist: ance they require. Above all, we would wish that the golden words of Pope Leo XIII be engraved in the hearts of all: 178 nSt. Vincent de Paul, op. cit., 4, 122. n their own field, a personal example of a full, priestly life. l'he example of those in authority, especially for the young, is he most eloquent and persuasive way of convificing them of heir own duties and of fostering a love of wrtue. It is good then that teachers in our semin~aries should se outstanding for their natural gifts, w.hich can win for hem the esteem and trust of their pUpils.°But~ at the same ime, they must realize that natural qualities hnd achieve-nents are of httle use ff they are not ammated by a deep plr~tual hfe. Only th~s can ensure that their work will be ,f real value and bear fruit. The Dlwne Maste.r who dwells n our hearts and speaks to us there "Christ is our ! eacher and He is within us"=0--will be ev, er ready to ,less, increase, .and perfect their work which, by the "rovidence of God, is destined to spread thd mystery of ~Iis Love. We are certain that Your Excellency will ~.ee that this etter be brought to the attention of the superiors of your emmary for their careful cons~deranon. At the same ume, -¢e gladly take this opportunity of express~,ng tO Your ;xcellency our feelings of highest esteem. Rome, Sep-ember 27, 1960.] Yours devotedly in our Lord, JOSEPH Cardinal PIZZARDO, Suburbican Bishop of Albano, Prefect. DINO STAFFA, Titular Archbishop of Caesarea in Palestine, Secretary. Leo XIII, Fin dal principio in Acta Leonis XIII, 22, 254-55. St. Augustine, In lo, 5, 19 (PL 35, 1557). ÷ ÷ ÷ Ecclesiastical Formation VOLUME 20, 1961 179, JAMES I. O'CONNOR, S.J. Some Aspects Religious Authori9 ÷ ÷ ÷ James I. O'Connor, S.J. is professor of canon law at West Baden College, West Baden Springs, Indiana. REVIEW FOR'RELIGIOUS In the Church there are different kinds of authority, One form of authority is called jurisdiction and is the pub lic power of ruling or governing others. It is called publit because it is a power belonging to a perfect society for tht direction of its subjects to the end for which the saic society was constituted. Thus defined, it is a power which belongs both to the State and to the Church. If we narro~ our consideration to jurisdiction in the Church, we can de fine it more fully as the public power of a legitimate su perior, granted by Christ or by His Church through ~ canonical mission, of governing baptized persons to tht achievement of their eternal salvation. This power, native to the Church by reason of its con stitution as set up by Christ, can be and is shared by tht immediate or constitutive parts of the Church by reasor of a canonical mission for the attainment of the purpose o~ the Church. Immediate parts of the Church are diocese: and the clerical exempt religious institutes, As a result! local ordinaries and superiors in clerical exempt religiou: institutes possess true jurisdiction, although the bases art different in each case: in the first case, it is territorial; ir the second, personal. Other moral persons in the Church do not possess juris diction because they are not immediate divisions of tht Church; that is, they are subject to the authority of ar immediate section; "examples of such are parishes, none exempt religious institutes, and so forth. Consequently~ such divisions are sometimes called mediate sections of tht Church. If such a division has jurisdiction, it is by specia~ grant, not by reason of its nature. Within the perfect society which is the Church, w~ find also other societies which are imperfect in the sens, that they are not self-sufficient and are not independen'li although they have a purpose of their own which, how. ever, is a means to obtain the purposes of the Church. Ex amples of such societies are religious institutes. Therefore, ander different aspects, clerical exempt re'ligious insti-tutes are both immediate and mediate sections of the Church whereas all other religious institutes, are mediate ~ections only. Just as the Church in itself and in its cons,ututive divi- ,ions has authority to govern its subjects (and such power I s called jurisdiction), so also the mediate secuons must have and do possess authority for their proper govern-ment. Since this latter authority ~s not jur~s~hct~on, It ~s :alled dominative power. Both types of powerlor authority are set down in canon 501, §1 of the Code of Canon La¯ w: 'The superiors and chapters, conformably to the consu-tutions and to the umversal law, have dominative or .z°vernin~'o~-r~°wer over their sublects,o and .in eve~ ~ exem p t :lerical institute, they have ecclesiastical jurisaiction in both the internal and external fora." ~i UP to the present century, by way of to juris-cfion as a 'public power to govern, dominhtive power as often called a private power. It was calledI dominative power because it was understood as the power or force .~xercised not only on the matter or content ~of the com-mand- theth "ing to be done or not to be done--but also ~n the will of the subject so that the will oflthe subject igree with that of the superior. Perfect s.u~bjection or ibedience brings the intellect of the subject xn,to harmony qith that of the superior insofar as such subjection may )e possible ~ in view o~ the evidence presented to the in-ellec~. By way o[ further distinction, a third kind 6f authority vas recognized by some writers. They called ~it domestic ~ower or authority. This is the power, for exar~ple, ~vhich ~ religious superior exercises over lay peopleI who work or the community; it is also the power of a ~resident of ~ commercial firm, or the supervisor of a hospital floor or . he head o[ a department has over the employees, It is the ~ower or force over the matter or content of the command ,nly--the thing to be done or not done; there ~ no power ,ver the will, much less over the intellect of th~ employee. While these were the usual distinctions of r~ligious au-hority, they did not cover all the authority of a religious uperior, even in a non-exempt institute. A r~,ligious su- ,erior has authority over many things which ,do not fall .nder dominative and domestic power as described above. 7h ose powers all deal w"~th phy"sical persons~, iwith in" d~- iduals. Some illustrations of a religious superior's au-orxty not exercised over lnd~v~duals as such, at least dl-ectly, are the following: admission to the no,~t~ate and ~ religious profession; limited power to dispense from n.pediments to such admission; administration, of the re- .g~ous community as such; administration of the tern- Religious Authority VOLUME 20, 1961 + 4. 4. James I. O'Connor, S.J. REVIEW FOR RELIGIOUS 182 poralities of the entity over which one has authority, example, to contract loans, negotiate sales, lease property and so forth. What kind of authority is this in the case a superior in a non-exempt religious institute? For centuries it was very disputed among canonist., whether such authority was part of the dominative powel of religious superiors.1 Spearheaded by Father (now dinal) Larraona,~ the opinion that such authority was anc is part of the dominative power of a religious superiol gained ground in the present century. As a result, the olt description of dominative power as a purely private powel had begun to fall by the wayside and certainly seems belong there in view of a rather recent reply from tht Holy See. The power in a society has to correspond to it nature. That nature is public since religious institutes art set up by pontifical authority .as a public state of life More%ver, the Church through lawful representatives r ceives-the vows of such religious and these vows are publi both in themselves and in their effects (Canons 488, 1° 1308, §1). Canon 501, §1 acknowledges only two kinds o authority in religious life: jurisdiction and dominativt power. Since in a non-exempt institute the authority is no jurisdiction and since the power over such things as tern poral administration is not a private power, dominativt power must now be classified in two forms: public ant private. Relative to jurisdiction, many questions can arise; fo~ example, kinds of jurisdiction, delegation and subdelega tion of jurisdiction, conferral of jurisdiction in cases whert a doubt is had as to whether a person possesses or cat possess jurisdiction, conferral of jurisdiction on a persor who objectively does not have it but is commonly believec to have it. All these, as well as some other aspects of juri diction, are nicely provided for in canons 196 to 209. N such provision was made in canon law for correspondin' questions pertinent to dominative power. Nevertheless the same questions.and problems can and do arise fo non-exempt religious superiors. All the discussions which proposed solutions to suc] vexing questions were finally brought to an end by al affirmative reply of the Pontifical Commission for th Authentic Interpretation of the Canons of the Code c Canon Law. An affirmative answer was given on March 2~ 1952, to the question: "Whether the prescriptions c 1Those interested in this dispute and the development of th notion of dominative power are referred to a study by the preser writer, "Dominative Power of Religious Superiors," which was pul fished in The Jurist, 21 (1961), 1-26. ~ "De potestate dominativa publica in iure canonico," in Congressus luridici Internationalis, v. 4 (Rome: Pontificium Insl tutum Utriusque Iuris, 1937), 145-80. canons 197, 199, 206-09, concerning the power of jurisdic-tion, are to be applied, unless the nature of the text or context of the law prevent it, to the dominative power which superiors and chapters have in rehg~ous institutes and in societies of men and womenliving in 'common with-out public vows?''a Many religious superiors seem never to'.have heard of this reply, much less of the canons cited, their wording, and their interpretation. Therefore, we shall :first give an Enghsh translauon of those canons, substa, tuung dorm-native power for jurisdiction so that it will be easier to read, understand, and, later, comment upon them. Canon 197, § 1. Ordinary dominative powei: is that which the law itself attaches to an office; delegated]power is that which is committed to a person, §2. Ord:'.nary power can be neither proper or vicari-ous. Canon 199, §1. One who has ordinary dom,inative power can delegate it to another totally or partial,ly, unless the law expressly provides otherwise. §2, Moreover, dominative power which ,has been dele-gated by the Apostolic~ See can be subde~egated for a single act or habitually, unless the delegate was chosen be-cause of his personal qual,ficauons or subdele.gatmn is for, bidden. §3. Power delegated for a whole class of. cases by one who has ordinary power but is subordinate t0 the Roman Pontiff can be subdelegated in individual cases. §4. In other cases, delegated dominative power can be subdelegated only if subdelegation is expressly permitted. §5. No subdelegated power can ~n turn be subdele-gated unless the power to do so has been expressly granted. Canon 206. If several persons have been d~legated suc-cessively, that one must execute the busines~ whose com-mission was given first and has not been expressly re-voked by a later rescript. Canon 207, §1. Delegated power ceases to exist: by fulfillment of the commission; by lapse of time or by exhaustion of the nut Lber of cases for which it was granted; by cessation of the reason for the delegation; by revocation by the delegator together with lirect notice to the party delegated; or by renunciation on the part o[ the one d, elegated to-gether with direct notice to and acceptance ~by the dele-gator. However, delegated power does not cease with the expiration of the authority of the delegator ekcept in the tw~ cases mentioned in canon 61 . 8Acta Apostolicae Sedis, 44 (1952), 497; T. Lincoln Bouscaren, S.J., Canon Law Digest, v. 3 (Milwaukee: Bruce, 1953), 73. + 4. 4. Religious Authority VOLUME 20, 1961 183 4. 4. ]ames I. O'Connor, $.]. REVIEW FOR RELIGIOUS 184 §3. When several persons have been delegated cor-porately, if one of them loses his power, the delegation of all the others also expires, unless the contrary appears from the tenor of the delegation. Canon 208. In accordance with the norm of canon 183, §2, oidinary power does not expire with the expiration of the authority of the person who conceded the office to which the power is attached. However, it does cease with the loss of the office and is suspended by appeal made ac-cording to law, unless the appeal happens to be made with-out suspensive effect, saving the provisions of canons 2264 and 2284. Canon 209. In common error or in positive and proba-ble doubt of law or of fact, the Church supplies dominative power for the external forum. We shall now give some commentary on each of these canons as well as illustrations of their application and non-application. Canon 197 The word ordinary here is a technical term and is not to be confused with our everyday usage of the word as meaning usual, regular, habitual, and so forth. For power to be ordinary two things must be verified: 1) the power must be given by the law itself, whether that law be the Code of Canon Law or the constitutions, which are the particular law of the religious institute; 2) the power con-ferred by this general or particular law must be attached to an office in the institute. An office, as canon 145, §1 tells us, is a function permanently established by divine or ecclesiastical ordinance, conferred conformably to the sa-cred canons, and carrying with it some participation in ecclesiastical power of orders or jurisdiction, or (now in virtue of the 1952 reply) dominative power. Thus, the power of a superior to govern the house or the province or the whole institute is ordinary dominative power be-cause the power is conferred in canon 501, §I of the code and is attached to the office of superior, no matter who may be the incumbent .in the office. The details of that power are partly spelled out in later canons of the code and partly in the constitutions. Some examples of ordinary power from the code are: government of the community over which one is superior; administration of the temporalities of the entity in which one holds office; admission to novitiate and to religious profession; limited prolongation of postulancy, novitiate, and temporal profession; anticipation of renewal of tem-porary profession; change of cession and disposition of one's property; admission of outsiders into cloister in certain instances; egress of religious from cloister under certain conditions; exclusion from renewal of temporary vows or admission to perpetual vows; in all communities, the conduct of the preparatory process fo~/ dismissal of perpetually professed members and, in diocesan law in-stitutes, also that for dismisSal of temporaiily professed members. Not every superior ~has all these powers: some be-long only to the superior general; others ark had also by provincials; still others are possessed by the 16cal superior. Just which superior, alone or conjointly with! another, has these powers must be learned: from reading ~he code and the constitutions. ~i. Some common examples of ordinary power from par-cular law, that is, the constitutions, are: reception of isitors; going out to visit; making trips; dispensation from disciplinary articles of the constitutions; and ]o forth. The details determining the exercise of such po.wers will, in each case, have to be gleaned from the constitutions. Delegated power is defined in the canon. It is any power ~or ta bueth iomriatyg iwnehdic, hw iist hnoout to crdoinnsairdye.r Dinegl etghaet ep~lr psoonw eorf cthane ~lelegate whereas ordinary power can be conceived even though nobody holds the office to which the law attaches ~1 e authority. Ordinary power ~s inherent ,to the office; ~elegated power must always be invested in aI person. r Delegation is conferred by word of mouth or in writing wh l"ch may be the written law itself or some other form of ocument or rescript. A rescript ~s s~mply a written reply to a question or petition. Delegated authority must always be given expressly. Express conferral may be explicit or implicit. Explicit :lelegation is had when the superior in so many words nforms another that he is hereby given suct~-and-such a ~ower or faculty or authority. Implicit delegauon is ~ower of authority or a faculty which ~s not conferred in o many words but which is contained witl~in another ~ower or faculty explicitly conferred which, m turn, can ~ot be exercised either at all or, at least, not ade-quately unless the other power or facul'ty is also ~ossessed. In such a case that other power or faculty s implicitly conferred. Thus, for example, a supe- "ior delegates a subject to investigate a t~oublesome ~tuauon and take care of it. This is explicit delega-ion. When the investigation is made, the delegate finds hat the effective way to correct it is to revoke ~ delegated aculty of the party concerned or to impose a penance. qowever, the superior did not tell the delegate he had he power to revoke in one instance or to punish in the ~ther. Nevertheless, since the superior delegated the per-on to take care of the situation, implicitly ~e thereby lso delegated to him all the power necessary to effect that vhich was explicitly delegated. Delegated authority is not to be confused with pre-÷ ÷ ÷ Religious Authority VOLUME 20, 1961 185 + lames I. O'Connor, S.]. REVIEW FOR RELIGIOUS 186 sumed authority. In the case of presumed authority, the person making the presumption can not contact the party having the authority. Further, after weighing all the cir-cumstances and what is sincerely believed the superior or official would do if asked, he draws the conclusion that the authority would be granted if the superior or official could be contacted. Such action is very different from the express grant of authority made by the superior or official to a definite 'person or group of persons. What power can be delegated will be taken up under canon 199. Ordinary power is said to be proper when it is possessed and exercised in one's own name. Hence, the authority given by the code or constitutions to the superior general, the provincial, and the local superior is both ordinary and proper. Vicarious power is ordinary because the law, especially the constitutions, provides for the office of vicar and the authority of the vicar is determined and conferred by the law itself. However, vicarious power differs from proper power in that the former is not exercised in one's own name but in the name and according to the mind of the superior whose vicar this party is. As a result, when the superior can not discharge his office, for example, because absent from the community or because confined to his room by sickness, and so forth, the vicar becomes acting su-perior and has most, if not all, of the authority of the su-perior. But this authority must be exercised as the supe-rior himself would exercise it. Consequently, the vicar may not take advantage of his position to change the policies established by the superior, even though the change may be desirable. Likewise, he can not grant a re quest which has been already refused by the superior. Moreover, as soon as the superior is again able to discharge his office himself, the power of the vicar ceases because the function of the office of vicar ceases. Vicarious power and delegated power are alike in that in both cases the power is not proper and so is exercised in the name of another. These powers are unlike in tha! vicarious authority is annexed by and spelled out in the law whereas delegated authority depends totally on the will of the delegator as to what authority is possessed. Th~ two forms of power also have different norms as to when and how they are terminated as will be seen by comparin~ canons 207 and 208 as well as what was said above abou~ the cessation of vicarious power. In the light of these distinctions between delegated, Vi carious, and proper power, it seems worth while notin~ that in orders and congregations having a hierarchica form of government, the local superior in regard to hi own community is not a vicar or a delegate of the pro vincial or general superior. This point is explicitly se down in article 312 of the Normae drawn u~ by th Sacred Congregation for Religious. Some . superiors seem not to be aware of the position legally held by the local,superior. This Is especially, true when, the major su-perior drops in~ on the local community either merely for a stopove;,or for a canonical v, isitation. ThE local superior is and remains the true superior of the lo~al community and still possesses and has the right of exercise of all the authority cgnferred on a local superior byI the code and by the constitutibns; The Norma~ in article 265 e~plicitly state thav a provincial or general superior ,can not at the same time be a 19cal superior. A very immediate~and logi-cal ~onclusion follows from tha~t premise: Itherefore, the major suoerior can not take over the functions of a local superi~r.'O'ne,can not.lawfully discharge tl~e function of an office one'does not and ~n h~t ha~. , The only ~xception to this ge~aeral rule islthat in which the local c~mmunity is composed only of m~mbers of the provincial or general curia. Even ~n such cases, ff the com-mumty ~s large, as it ~s in some orders and congregauons, a special religious ~s appointed to be the local superior of the house since such work would notably interfere with the prlnc~paJ wo.rk 9f the major sqpenor m the admxms-tration of the province or institute. A word of caution o~ught to be injected here. There are some "active'-' communities which seem n_ot ~to be obhged by, the~above norms because their local superiors have on!y thg authority th,e top sup.eripr grants the~m. However, such communities do not have the government olan of the ordinary order or congregation. Theirs is [1~ monastic form of government inowhich there is only lone superior who is the equivalent of the abbot or abbess in a ~trictly monastic con~munity. What look like local-~ommunities are not such, canonically; they are not separate moral or jund~c.al~persons. As a result, the superiors" of such houses, are not true superiors in their own right but are vica~rs qr delegates of the one and only true superior. Their authori~ty, then, is only what th,,e one superiorl gives them. Canon !~9 . This canon sets down the rules governing tlie' delegation of authority. In the first place we are told that everybody who has ordinary dominative power can delegate any part of it or the whole of it to another person unless the law, namely the code or the constitutions, expressly declares otherwise. In the absence of a contrary reqmre, ment ~n the law, the delegator may delegate any person competent [or th e assi"gnment, whether the delegated party be a mem-ber of t e ~nst~tute or not. Hence, a qualified s~uperior can delegate the priest who comes to say the community Mass to receive the vows of one of.the commumty. ,Whale the canon does not put a time limit on the duration of the Religious Authority VOLUME 20~, 19bl 187 James 1. O'Connor, $.J. REVIEW FOR RELIGIOUS delegation, even when all the authority of a sup6rior or official is delegated to another, it is usually p~inted out'by moralists and canonists that such unlimited delegation of all authority is an abdication of one's own resppnsibility. Therefore, delegation of total authority should be granted for a fiXed time only and, ordinarily, for a comparatively short time. ' ~ Delegated power can be used in any legitimate way un-less the manner of use was also defined at the time of dele-gation. When delegation is made, the terms of delegation should be clear to both delegator and delegate so that all doubts and misunderstandings can be avoided. In this first paragraph of canon 199 the solution is of-fered to many problems of superiors. So very often supe-riors, and especially local superiors, complain that the), have no time to be a real superior, to be a mother or father, ~s the case may be, to the members of the community be-cause their time is largely taken up with granting routine permissions, distributing articles, for example, writing supplies, dentifrices, ~ind so forth, so that there is very lit-tle or no time left to help subjects with doubts, questions, and problems. One way of getting that necessary time is to delegate some one or more persons in the community to grant those routine permissions, to distribute articles to the members of the comm~unity, to handle the mail, and so forth. Heretofore some superiors doubted whether they could use such a means as delegation) Whatever grounds for doubt" existed earlier, there is certainly no basis' for such doubts since the 1952 reply of the Code Commission. In as much as the right to delegate is granted by law to all having ordinary power, this power to delegate is itself part of that ordinary power and the superior needs no approval of a higher superior if he chooses to delegate his authority. It may be that a superior in one institute can not delegate to the same extent as a superior in another in-stitute because of a limitation contained in the constitu, tions which is not found in the second set of constitu(ions. Such a limitation, however, has to be found in the law; otherwise there is no restriction except, as previously noted, in the case of delegation of total authority for an indefinite period of time. Occasionally a superior is afraid to delegate authority because he fears the delegated party may use poor judg-ment, abuse authority, and so forth. This simply means that the superior should be as careful as possible in" the selection of the person to be delegated. Sometimes this is the only real way to find out what a given person will do with authority. Secondly, if such faults occur and the dele-~ gate does not amend after advice and correction, since the authority belongs to the superior, just as that authority Could be delegated, so also it can be revoked at any time the delegator judges it should¯ Conseq.u1e tnht dyl, e e e-gator never has to feel that once authority is delegated, it is gone forever from his control. The second situation in which delegation is allowed by general law is that in which~:tileHdly See d~leg'a~t~s an in-fervor, who, ~n turn, may pass on delegation to a third party. Such delegation of delegated power is called sub-delegation. Subdelegation can be granted either for a soli-tary case or for all such cases unless the Holy See's con-ferral of delegauon exphcltly states that the delegate has been chosen because of his personal quahficat~ons or un-less the Holy See exphcltly forbids subdelegauon. To date, there is no general grant of delegation of dom~na-ttve power by the Holy See to all'religious superiors. An examrfle of such a general grant of delegatei:l ]urtsd~ctton ~s the brochure of qumquenmal faculties to local ordi-naries, some of which can not be subdelegatedA Another occasion in which subdelegationlcan be made is found in canon 199, §3. Here the original delegate re-ceives his authority from a person who posse.sses ordinary power 'but who is a. subordinate, of the Holy See. More-over, the delegate must have authority over a whole class of cases or business. In this situation, the del~egate has the authority from the code to subdelegate t~artt or all of his authority to a given individual for all cases! or only one case, or he can subdelegate many persons forI one case. There are or can be a number of instances in which this law can be applied. Perhaps the best exampl~ is that of a hospital administrator or a college or university president, The ultimate responsibility for the hospital br school be-longs to the superior. However, because ofI the load of work involved in functioning as a religious superior,' espe, clally of a large commumty, and also funcuomng as the I administrator of the hospital or the president of the col-lege or university, the work-load is split andlthat part of the superior's authority which pert~ains to thee operation of the hospital or school is delegated to another who serves as admtmstrator or president.5 Th~s ~s delegauon by a person hawng ordinary power but subject to the Roman Pontiff. It is conferred for a whole class of cases or busi-ness, namely, operating the hospital or schooi. If need or usefulness should dictate, the administrator ~r president | t T. Lincoln Bouscaren, S.J. and James I. O'Conn!r, S.J., Canon Law Digest, v. 4 (Milwaukee: Bruce, 1958), 69-82. I . ~ Such split authority can give rise to many problems. A suggested method for dividing the authority in the case of hospitals can be found in an article by the present author, "The Hosp.~tal ~n Canon Law;" in Hospital Progress, 41 (February, 1960), 361-87. Most of the suggested division of authority can be applied to col!ege and uni-versity presidents by simply substituting "president" for "adminis-trator ¯" I Religious Authority VOLUME 20, 1961 189 ]ames L O'~,o~nor, S.]. REVIEW FOR RELIGIOUS 190 has the authority from the code to subdelegate part or all of his authority in~ an individual case. Another example, in a different line, is that in which the local superior is delegated by the superior general or, if competent, by the provincial, to receive the vows of all~ who make profession, temporary or perpetual, in the hduse of that superior: This, again, is delegation for a whole class of cases, namely, the reception of vows. Such a local superior, if impeded from receiving the vows him-self, could subdelegate another, for example, one of the community or the priest celebrating the vow Mass, to re-ceive the vows on this particular occasion. Apart from the two cases provided for in §§2-3 of canon 199, §4 prohibits subdelegation of delegated authority un-less Such delegation is expressly permitted by the original delegator. Subdelegated authority can never be again sub-delegated unless an express grant to that effect was .made when the first subdelegation was given (canon 199, §5). Canon 206 Canon 206 supposes a' situation where, for example, three sisters receive delegation for the same task: Sister Felicitas on January 2; Sister Mary on January 3; and Sis-ter Josephine on. January 5. While all three have delega-tion, which one has the right and obligation to exercise her delegation? Canon 206 replies that the person whose commission was first given has the right and duty; in: our case, that is Sister Felicitas, An exception to this rule is made if a later commission contains a revocation of the earlier grant; for example, if in Sister Josephine's appoint-ment there is also found an explicit revocation of the dele-gation previously extended to Sisters Felicitas and Mary~ Canon 207 ~ Canon 207 lists the ways in which delegated power ceases to exist. Only §1 and §3 are quoted above because §2 can not apply to purely dominative power. Only a brief commentary seems useful here. I) Fulfillment of commission: the delegated authority ceases as soon as the job for which it was given~has been completed. 2) Lapse of time: authority was delegated to December 31, 1960 inclusive. With the end of 1960 the delegated authority also ended. 3) Exhaustion of number of cases: delegation, was ex~ tended to receive vows on five occasions. After the fifth occasion the delegation is lost. 4) Cessation of the reason for delegation: Sister Felicitas is delegated to govern the convent of St. Helen, December 26-31 because the local superior is to be away to attend a series of special conferences. On December 24th word is ~ceived that the director o the con erence has taken eriously sick and the conferences have been ~alled :of[. As result, the superior does not go away Dece.mber 26-31. ince the reason for Sister Felicitas' delegation .has now eased, her delegation also ceaseS. .5) Revocation by the delegator roger er wxth direct no-ice to the delegate; of great imp ortance in~ this stpi ula-ion is the word direct. An example: Brother Hilary has ¯ een delegated by his provincial to negouate the, sale of a ,fece of community property. Before he has time to com- ,lete the transacuon, he hears from a fellow rehg~ous who appened to pass through the prownclal's re.s~dence 'that he provincial said he was writinga letter to Brother Hil-ry revoking his delegauon. The same day l~e hears this ews, Brother Hflary happens to have an appointment to lose the property deal. Does he still have~delegauon to do :~? He does, because he himself has not received dire~t otice from his provincial of the revocation ofldelegation; e merely heard of it from an unofficial sourc.e. If the fel- :~w religious was commissioned by the provincial to in, ~rm Brother Hflary of the revocauon, then Brother s elegat~on would cease as soon as he was informed by h~s eligious confrere. ~6) Rentinciation on the part of the delegate ~together ,ith direct notice to and acceptance by the:del~gator: Two ~ings are to be noticed in this instance: dire~t notice to nd acceptance by the delegator. Direct ha~ the same -~eaning as above regarding revocation. In addition to the irect notice, for instance, Brother Hllary reforms his pro-incial by letter or phone that he is renouncing the dele-auon g~ven him, there must be acceptance by lthe delega- ~r. Brother Hilary does not lose his delegation unless his rovincial accepts.,the renunciation. | . After listing all the ways a given individual@ay lose his elegation, the canon goes on to add a situation in which elegation is not lost, even though, at first glance, it might -em delegation is lost: An illustration will l~elp: Sister enigna, a local superior, has been delegated by her ,other general to receive all vows pronounced in her con-znt. Mother general went out of office Januu~ry 5th be-muse she died that evening. On the morning.+f January ,~h, Sister Benigna received the vows of some s~sters in her ~mmunity. Later that day she learns of mother" general!s eath. Now Sister Benigna wonders if she had ~lelegation ~ recexve the vows that morning. Sxnce no hm~tat~on was ut on her delegation, her authority continued on Janu-y 6th and still continues after that date unless the new ,other general revokes the delegation. The law on this point makes an exception in the two ~ses mentioned in canon 61 which reads: umess ~t should opear otherwise from appended clauses, or unless the re~ I ÷ ÷ ÷ P~ligious Authority ¯ VOLUME 20~ 1961 19l ÷ ÷ ÷ ]ames I. O'Connor, S.J. REVIEW FOR,RELIGIOUS script confers on some person the power to grant a favo to particular persons named in it and the matter is stil intact." Examples of "appended clauses" are: "As long as I a. superior general"; "As long as I wish." With her remova from the office of superior general, both appended clause cause a cessation of the delegated authority. The "As lon as I wish" can be had only if she is competent to grant th delegation. With removal from office she is no longer co petent to have such a wish effectively; therefore, the del gation ceases. The second exception supposes delegation, for exampl to permit Sisters Gervase and Protase to take a trip t Europe. For one or other reason, the delegate has not ye done anything about granting the permission to :the tw sisters named. Unexpectedly, the delegating superior die Since the matter of the delegation is still intact, that i has not been touched, has not had even a beginning o execution, the delegation ceases. Hence the erstwhile del gate is no longer competent to grant the favor and Sister Gervase and Protase are out of a European trip. Canon 207, §3 considers the case where two or more pe sons have been delegated as a single body to carry ou some commission. Brothers John, James, and Joseph hav all been delegated as a unit to transact some business fo the community. Brother Joseph renounces his delegatio by direct word to the delegator who, in turn, accepts th renunciation, Unless the contrary appears from the orig nal delegation, the delegation of Brothers John and Jame automatically ceases. Canon 208 In canon 208 the code turns to the question of cessatio~ of ordinary power. It repeats the norm already mentionec in canon 183, §2; namely, an ecclesiastical office is not los by the loss of authority in the party who conferred th~ office, Therefore, canon 208 draws the logical conclusio~ that authority attached to an office by the law, that i~ ordinary power, is not lost when the party who conferre, the office loses his own authority. This norm is similar t. that for delegated authority at the end of canon 207, ~§1. In the present instance, the case supposed is that, fc example, of a local superior who was appointed to offic by a competent higher superior. The term o~ the highe superior ends before that of the local superior appointe~ The local superior's power, derived from law through hi office, continues even though the party who put him int the office has now lost his authority. Ordinary power ceases when one loses the office t which such authority was attached. The power is su pended, that is, it is possessed but can not be used, if i! possessor lawfully appeals a decision to a higher superior, unless the nature of the appeal is such that it does not prevent immediate execution of ~the original deCision. Ap-peals in judicial processes usually produce suspension of the decision; otherwise, for example, in purely°fid~ainis, trative decisions, appeal or, more exactly, recourse does not suspend the decision (canon 1889). The norm set down above does not derogate from the provisions of canons 2264 and 2284. The first of these canons stipulates that an act of dominative power is il-licit if placed by an excommunicated person. Further, if the excommunication has been pronounced in either a condemnatory or a declaratory sentence of a judge, the act is also invalid. An exception to that law is contained in canon 2261, §2; but both it as well as canon 2284 can ap-ply only to priests, not to sisters and brothers. Canon 209 The last of the jurisdictional canons made applicable to dominative power is of .extreme importance, even though it is not usually of frequent'application. It solves situations which earlier caused very serious problems. Canon 209 supposes a situation where, in the objective order, a superior certainly lacks dominative power or has it only in a doubtful way, In the latter case, the doubt must be positive and probable, that is, there must be good arguments in favor of possession of the authority but there must also be good arguments against its possession. The source of the doubt may arise from a lack of clarity in the law itself or from the lack of certainty that a given fact or facts exist. An illustration of a doubt of law is found in canon 105, 1° concerning the necessity of having a consultive vote of councilors in order that the superior may act validly. As it stands, the canon says: "It is sufficient for valid action if the superior hears the councilors." It is disputed among canonists whether such a hearing is required for valid action because, contrary to its usual language, the canon does not say required. As a result, since the law itself is doubtful, even if the superior did not consult the council where consultation was prescribed in the general law or in the constitutions, the superior's exercise of dominative power is certainly valid since', in virtue of canon 209, de-fect of authority is supplied by the Church in such an in-stance. A doubt of fact means that with regard toa given event there are arguments for and against its existence. If the fact is required as a condition for possessing dominative power, the Church again supplies the authority needed. To illustrate: On May 15, 1960, Brother Joachim was ap-pointed provincial by competent authority. Some time + + + Religious Authority VOLUME 20, 1961 ~93 + ÷ ÷ James 1. O'Connor, $.]. REVIEW FOR RELIGIOUS later it comes out that at the time of his appointment Brother Joachim seems not to have completed his thirtieth year of age. If that is true, then, without a papal dis-pensation he is not a validly appointed provincial and, furthermore, lacks the dominative power of a provincial. An investigation of the matter shows some documents as well as testimony of relatives and friends indicating he was born August 16, 1929. However, other reliable sources give the year as 1930. Further investigation does nothing to solve the doubt regarding Brother's-birth date. If he was born in 1930, he did not possess one quality required by canon 504 to qualify'as a valid provincial. The doubt in this problem has nothi~g to do with the meaning of the law; it centers on whether or not a given fact occurred in one year or another. Hence, it is a doubt of fact, Since the doubt is both positive and probable, that is, capable of proof both ways, the Church supplies the dominative power brother needed for all his actions. As a result, they are all valid and licit. As for the future, brother should, of course, be reappointed by competent authority since it is not certain that the original appointment was valid. The third instance in which the Church supplies domi-native power is that in which there is no doubt either of law or of fact but because of some externally perceptible circumstance a person is commonly believed to be a valid superior when the real truth is that this person is not, Such a condition of affairs is called common error. From the evidence available and in accord with limited knowledge, the community forms the judgment that Sis-ter Lioba was duly elected superior general on February 11, 1958. She proceeds to exercise all the powers granted such a superior in the code and in the constitutions. One day in the summer of 1960 Sister Sophia, one of the gen-eral councilors, is attending a canon law lecture at the end of which she is very disturbed and consults-the lecturer. The consultation reveals the following facts as certain be-yond all doubt. Sister Lioba pronounced her temporary vows on August 17, 1937; she made her perpetual profes-sion on August 15, 1940. During the annual retreat of 1956 something the retreat master said raised the question whether Sister Lioba had valid perpetual vows. The above sets of dates of her professions, in virtue of canon 572, §2 in conjunctibn with canons 574, §1 and 34, §5 which re-quire a full three yea.rs of temporary vows, from date to date, in order to have a valid perpetual profession, clearly prove she was not validly professed of perpetual vows on August 15, 1940. Consequently, on August 15, 1956, with the full reali~zation of the invalidity of the 1940 profession, she pronounced her perpetual vows. At the general chap-ter on February 11, 1958, she was elected superior general. Because sister certainly had perpetual vows then; because it had been almost twenty-one years since sister pro-nounced her first vows; because the casting and counting 3f the ballots had been canonically performed; and be-cause the presiding local ordinary declared the elections met all the requirements of ciin6n law, all the sister's 6f the zommunity concluded that Sister Lioba was their new su-perior general. Sister Sophia's disturbance of mind was caused by a ;tatement of the lecturer that, among other qualifications, a :religious, in order to be a valid superior general, must have been validly professed a minimum of ten years, in-cluding the time of temporary vows (canon 504). Mother Lioba, although in the community since 1935, as of Feb-ruary 11, 1958 had valid vows for only just under four and a half years (August 17, 1937-August 17, 1940; August 15, 1956-February 11, 1958). Therefore, Mother Lioba is not really the superior general. Ignorance of the law on this point, even though it excused from all sin because nobody knew any better, does not prevent the canonical effect of the non-observance of the law, for the reason that canon 504 does not provide for ignorance as excusing from the effects of canon law (canon 16, §1). That is all bad enough. However, since a validly chosen superior is required for valid admission of candidates to the novitiate, to tempo-rary and per.petual' professions, to negotiate contracts of sale or loan, to appoint provincials and local superiors, and so forth, what about the validity of all those admis-fions, contracts, appointments, as well as all other actions whose validity depended on a validly chosen superior? Prior to the 1952 reply, cases like this with their chain reaction of multiple invalidities were something of a night-mare to canonists who in various ways sought to find a legal remedy to prevent' such awful consequences. The ;urest way to take care of such cases was to request from the Holy See what is called a radical sanation (sanatio in radice). Now in virtue of the 1952 reply, in such circum-stances, namely, where common error is had, the Church mpplies the dominative power necessary for the acts ~laced by such a "superior." Consequently, as regards the ictions of Mother Lioba, all those requiring dominative 3ower in order that they be valid, are all valid by supplied iuthority. As in the case of Brother Joachim, so also in :hat of Mother Lioba the status as superior should be vali- ]ated if possible. In the present instance the easiest way ~zould be to petition the Holy See for a radical sanation. These considerations should make for a better under- .tanding and appreciation of religious authority or dotal: ~ative power and especially of the application of certain urisdictional canons to that authority. + 4- + Religious Authority VOLUME 20~ 1961 195 FRANCIS N. KORTH, S.J. Total Dedicatio in the Worl ÷ ÷ ÷ Francis N. Korth, S.J., is professor o[ canon law at St. Mary's Col-lege, St. Marys, Kansas. REVIEW FOR RELIGIOUS ]96 The apostolic constitution, Provida Mater Ecclesia, o February 2, 1947, focused attention upon a new, otficiall~ approved type of totally dedicated life in the world namely, the life in secular institutes. Members of these institutes bind themselves to the practice of evangelica poverty, chastity, and obedience according to their con stitutions for the purposes of personal sanctification and of apostolic work. Secular institutes are the third corn ponent of the juridical state of perfection-to-be-acquired as that state exists at present in the Church; the othei two components are the various kinds of religious insti tutes and of societies of common life. Outside the juridical state of perfection-to-be-acquired, there exist other groups many of them in a stage of development or growth, whose members dedicate themselves totally to an apostolic life and personal sanctification. Religious institutes and societies of common life (ex amples of these latter are the Paulist Fathers, the Mary knoll Missionary Fathers, the Vincentian Fathers) are well established and known in this country. Not so seculaI institutes, since they are a more recent development. Secular Institutes in the United States In an effort to help the growth of this new form ol specially.dedicated life in this country, as well as to make these groups and other similar groups better known and understood, a small number of interestedpersons:met in the summer of 1949 to talk things over. A year later in July, 1950, the first general meeting of such groups with some seventy participants, was held in Washington D.G. From this developed an unofficial national cente, (operating with the knowledge.and approval of ecclesiasti. cal superiors) for the purpose of coordinating activity and~ of collecting and disseminating information. Until 1957 this center was located and serviced at Notre Dame Uni cersity under the able and generous leadership of Father Ioseph Haley, C.S.C. Two other persons who have played mportant roles from the beginning are Father Patrick ~lancy, O.P. and Father Stephen Hartdegen, O.F.M. In lanuary, 1952, a restricted' gathering (seventy-five 'per- .ons attended, however) met at Notre Dame University. Fhe proceedings of both the 1950 Washington meeting ~nd this 1952 meeting at Notre Dame were compiled. In August of that same year, 1952, the first National ,~ongress of Religious in the United States' was held at Notre Dame University; during this Congress two papers were given on secular institutes. About the same time ~ome published materials about secular institutes ap-peared, and some talks were given to various groups about the same subject. In February, 1954, a meeting 3f twenty-six interested priests took place in Chicago. Meanwhile, an informational bulletin was being issued from time to time by the national coordinating center. The interests of the coordinating center had now been extended to include, besides secular institutes, other groups devoted to a life of total dedication in the world. The bulletin received the expanded title of Bulletin on the Dedicated Life in the World and Secular Institutes. In 1955 a workshop for dedicated persons in the world was conducted at Chicago. That same year regional meet-ings were held in San Francisco and New Orleans, fol-lowed by one in Chicago the next year and one in Boston in 1957. The national center's bulletin was now appear-ing under the name of Bulletin of the Life of Total Dedication in the World. In 1957 there was published a ;ymposium, Apostolic Sanctity in the World, edited by Father Haley, C.S.C.; in August of the Same year a ,aational meeting of representatives of the four regional areas was held at Notre Dame University. The Sacred Congregation for Religious had been ac-quainted with these different activities and meetings. ~'or purposes of unifying the activity and of guiding the zfforts of all concerned along proper lines and in con- ~ormity with the Holy See's directives in this matter, the 3acred Congregation urged that all these related activities ,~e now placed under the direction and guidance of the .~onference of Major Superiors of Men's Institutes in :he United States. Father Joseph Haley, c.s.c, had been in charge of zoordinating efforts until 1957, at which date the national ,nformation and coordinating center was shifted to Wash- .ngton, D.C. with Father Stempen Hartdegen, O.F.M. of Holy Name College in that city as the national director tnd president of the newly proposed (but not yet fully tpproved) Conference of the Life of Total Dedication n the World. The plan for this Conference had to be 4- 4. Total Dedication VOLUME 20, 1961 19'/ Francis N. Korth, S.~. REVIEW FOR RELIGIOUS 198 submitted to the Conference of Major Superiors for approval. This approval was obtained (September 29 1959) and 'preparations were then begun for the firs triennial general meeting of the new Conference (here after referred to as the C.L.T.D.W.), Though ~his meeting was projected .for St. Louis in November, 1960, an un foreseen delay caused it to .be held in Washington, D.in January of the following year. The Washington Meeting This first triennial general meeting represented an edu cational effort to make the life of total dedication in world, especially in secular institutes, better known and understood by clergy and laity alike. The program was signed to appeal both to those whose interest in this wa) of life was just beginning and to those whose interest wa~, of long standing. The opening session of the meeting, convened in auditorium of McMahon Hall at The Catholic University on Saturday, January 28, 1961. Chairman of this session was the president of the C.L.T.D.W., Father Hartdegen. O.F.M. More than one hundred and fifty persons (laymen and laywomen, a number of priests, and several brothers and sisters) had registered for the meeting; a fairly large number of visitors, including some clerical students, individual sessions. The first formal paper of the meeting was a review the activities' during the past eleven years in the United States leading up to and culminating in the formation and. official approval of the C.L.T.D.W. This talk, .en-titled "The Conference of the Life of Total Dedication in the World--A Decade of Growth, 1950-1960/' has fur-nished the facts given in the opening part of the present article. Next on the program was a paper with the title, "An Active Lay Apostolate: Condition of Growth of Secular Institutes in the United States." The paper emphasized that an active apostolate and a deep interior life are the conditions for the growth of secular institutes in this coun-try. Secular institutes, the paper continued, are peculiarly suited to the needs of the times; because they are different in their extrinsic elements, they can fulfill the contem-porary apostolate's need of easier access to atheists and sinners; the institutes, accordingly, answer the universal need for an organized secular apostolate and for a deepl interior life. The paper then went on to give a historical and statistical survey of secular institutes, the main point~! of which are summarized below. In 1938.representatives of twenty-five societies or group~" of total dedication in the world came from various part,~ o[ the world to a meeting in Switzerland. Events such these gradually led up to the official, juridical recognition of secular institutes by the Church in 1947. In the United States at the present time there are repre-sentatives of twenty-five known groups of persons spe-cially dedicated to the apostdlat~ in the world;~ fli~se are either secular institutes or other groups which might de-velop into secular institutes. (No figures are available for Canada.) Of these twenty-five groups, twelve are secular institutes (eight are pontifical and four diocesan), seven are canonically approved pious associations, and six are not yet canonically established, but are existing with the approval of the bishop. The eight pontifical secular institutes are divided into six with final approval (Company of .St, Paul, Daughters of the Most Holy and Immaculate Heart of Mary, Mis-sionaries of the Kingship of Christ [women's branch], Opus Dei, Society of the Heart of Jesus, and Teresian In-stitute) and two not yet fully approved but having the de-cree of praise (Caritas Christi Union and the Society of Our Lady of the Way). The four diocesan secular insti-tutes are: Missionary Priests of the Kingship of Christ, Regnum Christi, Schoenstatt Sisters of Mary of the Catho-lic Apostolate, and the Secular Institute of St. Plus X. The seven canonically approved pious associations are.' Caritas; Domus Dominae and Domus Domini (Madonna House); Jesus-Caritas, Fraternity of Fr. de Foucauld; Ob-late Missionaries of the Immaculate; Oblates of St. Joseph; Pax Christi; and Rural Parish Workers of Christ the King. The six groups not yet canonically established are: Daughters of Our Lady of Fatima, Ecclesian Institute of Christian Life, Institute of Blessed Martin de Porres Work-ers, Institute of the Mystical Ghrist, Institute of the Word, and Pro Deo Workers. Not falling into the above categories of specially dedi-cated persons in secular institutes or in groups that might develop into such, but still worthy of mention here under a special listing because of total dedication or noteworthy apostolic work being done by their members are the fol-lowing four groups: International Catholic Auxiliaries; La Paix (Lafayette Associated Professional Apostolate of Individual Christians ); Lay Workers of the Sacred Heart; and the Society of the Daughters of St. Francis de Sales. [Some information about the above-mentioned secular institutes and other groups is available in a pamphlet en-titled Chan:~els, published by the national information center whose address is: C.L.T.D.W., Brookland P.O. Box 4522, Washington 17, D.C. The price of the pamphlet is twenty-five cents.] The above groups exist in. nearly thirty of the states, though the overall representation is small. While it is true that the secular institute movement has developed Total Dedfi:atlon VOLUME 2°0, 1961 199 4. Francis N. Korth, $.]. REVIEW FOR RELIGIOUS 200 fairly rapidly, still ther~ is reason for concern about the slowness of growth in the United States. The principal cause of this is perhaps the lack of realization on the part of many of what the modern apostolate means and re-quires; namely, the Christianization of modern society. Life in Secular Institutes Following the two main talks of the morning, the audi-ence was then divided into fourteen smaller work groups. Each group had a leader and a secretary; items presented in the preceding talks were discussed more fully by each group; and prepared questions to aid discussion were dis-tributed. Any conclusions were noted by the secretaries; summaries of these conclusions were presented at the final general session on the last day. The first afternoon speaker treated the topic of "Secular-ity in the States of Perfection of Secular Institutes." He made the point that the secularity of these new institutes does not imply secularism but rather a stable way of totally dedicated life in the world. The member of a secular in-stitute has the obligation of the three evangelical counsels of poverty, chastity, and obedience and is always subject to the will of God expressed by the constituti6ns and by superiors. Some difficulties encountered are loneliness, being misunderstood, and a lack of some of the things of the world while living and moving in it. The lack of com-munity life and of a common garb is hard for outsiders to understand. In addition, the member of a secular in-stitute is on his own to do the required thing: perhaps to give up a movie or a television program in order to be faithful to spiritual exercises, to do without new clothing because of the poverty professed, to stay away from an office party. There are no bells to direct one's day, no assistance from the example of others, as is had in com-munity life. Mentality, personality, and strength above average are needed to lead this life. A person must be an active, militant apostle, for part of a vocation to a life in secular institutes is to be the leaven in the masses. The second part of this first afternoon was devoted to a panel on "The Evangelical Counsels," the panelists being two priests and three lay persons. The first panelist pre-sented the canonical aspects of this topic, commenting on the nature of the vows or promises and their resultant ob-ligation or bond and on the fact that one binds himself according to his paiticular constitutions, that a member of a secular institute is not a religious, and that such a call-' ing is a special vocation which at times may require rather high intellectual qualifications. Prudence and good judgment are essential in any prospective candidate and, of course, a good moral life. Some inner impulse or desire is found, but not necessarily a liking; in other words, there should be some general appeal and an investigation of that appeal, The second panelist considered the moral aspects of a life of poverty, chastity, and obedience. His remarks may be summed up in the followifi~ ~iy. Poverty~ tile ~dical ownership remains, while the useful ownership is re-stricted according to the constitutions. A very strict ac-count of income and expenditures is required, the account being rendered to the superior usually at the time of the annual retreat.Combined with generosity to the poor, frugality is practiced. Ckastily: all sins against' chastity must be avoided and, moreover, ~easonable means must be taken to preserve the full beauty of this virtue. Members in the strict sense of secular institutes are forbidden to marry. Obedience: superiors are to be obeyed within the limits of the rule and constitutions. A formal command would be given in writing or before two witnesses and with the use of a special formula; this power is not to be used beyond what is found in the rule or statutes or constitu-tions. ',The practical "aspects of living poverty, chastity, and obedience in a secular institute were briefly treated by the three remaining panelists, each of whom considered one of the three evangelical counsels. The first speaker discussed the practical living of poverty, At times, he noted, it is difficult to determine the detailed application of poverty, particularly in the case of persons engaged in individual work or careers~ One should live in the spirit of poverty and pray to understand what: living in that spirit means. In everyday living two methods of practicing poverty are followed: 1) the individual keeps his own budget and sup-plies his own needs, getting the necessary permissions from his superiors; 2) income obtained from work is pooled and the needs of individuals are supplied by Superio[s. from the common fund. At times there might also be some com-bination of both these methods. Practical ~tuestions, de-termined or settled by the Constitutions or the rule of life of each institute, inclUde the following: whether or not to keep a budget, how much may be spent without special permission, how much to give to charity on one's own ini-tiative, how much.to give to the institute. A definite record of revenues and expenses must be~ kept and reported to superiors at stated times, Permission is required to spend any amount; a general permission might cover expendi-tures for medicine, toilet articleS, and so forth; for cloth-ing, by way of example, specific or special permission might be required. The alignment of permissions varies with the occupations of the members. In emergencies one may act and later report the matter. A booby trap in 'prac-ticing poverty could be the accepting of gifts from relatives or friends (though in some groups it is permissible tO ao ÷ ÷ ÷ Total Dedication VOLUME 20, 1961 ÷ ÷ ÷ Francis N. Korth, $.1. REVtEW FOR R~t.tGIOUS 202 cept gifts even of money) or working extra hours to earn more money when the time should be given to the apos-tolate. A monthly financial report might be required. The rule of life of a particular group will flesh out its constitu-tions on these and similar points. It is important to note that the practical living or regulation of poverty varies considerably with different institutes. Though there is a great variety concerning poverty in the const.itutions, some restriction is essential for all. The speaker on the practical living of obedience noted that obedience presupposes a mature mentality which sees that it is from Calvary that. the meaning of obedience be-comes clear. Obedience gives one an assurance of fulfilling God's will and it frees from pride. Just as other things connected with secular institutes have secular character-istics, so too does this obedience. The member of a secular institute is neither alone nor completely dependent: There are no .schedules or other helps as in religious institutes. Secular institute obedience must be active; often the su-perior gives only general directives. For example, the hour of rising in the morning and the hour of retiring at night are indicated; but if some friend or guest is in the house, the member could probably bypass that directive for the sake of charity. The last of ~he five panelists discussed the practical living of chastity. This means no marriage and no sin against chastity; for God, marriage is renounced and per-fect chastity is undertaken. In regard to dances and shows, the me .mber of a secular institute does not make a habit of these diversions but "attendance is permissible if charity or the apostolate requires it, One must be selective in tele~ vision programs; similarly, books and movies, if there is time for them, must be chosen wisely. Women members should wear clothing that is modest and suitable for their apostblate. Jewelry should not be expensive; it should be used as part6f the costume and not for show. As a motive for faithfulness in preserving chastity, a deep love of Christ should be cultivated. A strong devotion to the Blessed Mother will also help, as.also will fidelity to the rule, which was given precisely to be of assistance in this matter. Formation of M'embers of Secular Institutes The evening session feat ~ured another panel whose topic was "Formation for the Life. of Total Dedication in the World." This time, there w~ere four panelists, two priests and two lay persons. The first panelist spoke about spirit~ ual instruction and remarked that the purpose of a pro-gram of spiritual instruction is to give glory to God, to further the work of the Church, and to form apostolic secu-lar ambassadors of God.: For this latter purpose, apostolic virtues, especially as detailed in the particular constitu- tions, are necessary. In general there is need of zeal for souls, prudence, fortitude, and the gifts of the Holy Spirit. In any consideration of method in spiritual instruction, it is important to remember that the spiritual life must be allowed to grow by degrees. 'It ~as,suggested by the~speaker that in the period of formation fundamentals be stressed; a knowledge of secular institutes in general and of the con-stitutions of a particular group must be imparted along with the spirit of that particular group. In the period of temporary incorporatibn, the above areas should be devel-oped more fully, the .person should be acquainted with the apostolate of the institute, and forbearance of the faults of others should be inculcated.In the period of final or definitive incorporation there is need for continued spiritual instruction, for growing simplicity in one's spirit-ual life with no overemphasis on either the active or prayer aspect of secular institute life. Spiritual guidance was discussed by the next speaker. The spiritual director of a secular institute, he said, must realize that he is working with specially dedicated souls. He must teach them the principles of the spiritual, life with emphasis on prayer and mortification. He must also teach them to think with the Church, to have zeal, tO lead a life of self-denial in order to live with Christ. For purposes of guidance, the panelist suggested the following three "p's" as useful: 1) a philosophy of life (= the faith); 2) a pro-gram (for which consult the constitutions, customs, and heritage of the particular group); and 3) "passion" (= en-thusiasm for living total dedication). The means at a di-rector's disposal are conferences, lectures, discussions, di-rected spiritual reading, and especially a mirroring of all he teaches. The two lay participants on this panel discussed "Teach-ing and Living the Rule and Constitutions in Secular Life." For teaching the rule and constitutions, the third panelist stressed the need of starting with humility, since one is to serve when one governs or teaches. Compassion, zeal, pity, and patience are necessary to teach or train young people. The teacher must teach by living and must himself be immersed in prayer. In actually teaching, the person to be instructed must be studied and the amount of training or instruction to be given here and now must be duly measured. If the person should at present be con-fused or somewhat emotionally disturbed, teaching of mental hygiene is indicated. The vocabulary of instruc-tion should be adapted to the capacity of the hearer. The questions that will be asked of a teacher of the way of life in a totally dedicated group will always tend to be the same; hence the teacher must learn to be patient with the questioners. The final speaker of the panel gave some thoughts on ÷ ÷ ÷ Total Dedication VOLUME 20, 1961 203 ÷ ÷ ÷ Francis N. Korth, S.$. REVIEW I:OR RELIGIOUS 204 living the rule and constitutions. To this end the personal touch and a greater initiative in the following of Christ are needed, especially for groups that do not have training of members in common. Perfection is to be sought from the rule which must be taught gradually without any great upheaval or change in the candidate's life. It must be stressed, however, that the life the candidate is contem-plating is a life of total dedication. He should be taught that in day-by-day living decisions must be made by the individual, but later he should check his decision with the superior's judgment. In the realm of poverty, one should have as if he had not; hence there should be a spirit of being ready to turn.over all one's money to the in-stitute. In order to live the rule and constitutions there must be a constant, conscientious, mature completeness in giving. On Sunday, January 29, the second day of the meeting, a low Mass was celebrated in the crypt chapel of the Na-tional Shrine of the Immaculate Conception. The sermon at the Mass was entitled "The Catholic University and Secular Institutes." The hope was expressed that at some later date a planned series of general courses might be given at The Catholic University on basic knowledge about secular institutes and on training and spiritual in-struction fundamental for life in any groups devoted to total dedication. The Apostolate The general sessions were again held in the auditorium of McMahon Hall. The opening morning session pre-sented a panel of lay participants on the overall subject of "The Apostolate." Five speakers successively discussed lay missions (two speakers), social work, nursing, and teaching. The first speaker on lay missions gave some background information on the general idea of missionary work in the Church. The particular role of the lay apostle in mission areas, he said, is to develop an atmosphere of Christianity through the practice of Christian principles. To achieve this purpose, the natives must be educated in Christian principles, perhaps initially through the ministrations of those in some profession such as nursing. To prepare mod-ern young people for such lay missionary work on a life-time basis, spiritual preparation must first of all be stressed. Next, the prospective missionaries are to under. stand that there must be no forcing of American attitudes about government and life on the natives. The basic atti-tude of the missionary should be humility; he must be sympathetic to the customs and culture of the people among whom he is working. To this end a study should be made of the culture, philosophy, and literature of the par-ticular missionary country. The second speaker on lay missionary work pointed out that opportunities for laymen to spend their lives as per-manent missionaries are found in ~ay mission societies. A lay missionary should be imbued with the missiona~ry mys-tique: to give. He is "going~oht'' to help other p0~ential members of the Mystical Body. Emotional balance is neces-sary for a lay missionary. He should be able to accommo-date himself to the culture of. the country in which he works. "Missionary poverty" means giving up one's former way of living and even of thinking. Joy will be found in a sense of fulfillment, in the hope enkindled in men's eyes, in the happiness of the children one meets, and in the friendship of the natives. Hardships will include discour-agement, lack of assimilation by the natives, rigors of cli-mate, and the like. Teams of missionaries, as opposed to free lances, supply mental uplift, coordination of activity, spiritual assistance, and so forth. The third panelist spoke on the apostolate of social work, an apostolate that implies service and sacrifice. So-cial work implies climbing into the stream of human events and adversities to serve a fellow human being who is suffering. This demands a spirit of self-sacrifice and the conviction that no human being is trifling or insignificant. The fourth panelist discussed nursing as an apostolate. Nursing, it was said, is an art and science that deals with the patient in his entire environment. The nurse must be a mature person with a ministry of mercy based on the love of God. The nurse is to see Christ in the patients, for there is a need of "a restoration of nursing in Christ" to counter-act a secularistic and materialistic attitude. The average nurse today seems self-centered instead of Christ-centered. The nurse should try to help patients spiritually and should teach the Gospel message by action; thus, for ex-ample, the nurse should be ready "to go the other mile" whenever the opportunity arises. A nurse truly dedicated to Christ shares His sufferings and also His joys. The fifth panelist on the apostolate considered the area of teaching, pointing out that educational statistics in the United States show that many Catholic students on all levels of training are not in Catholic schools. Some sug-gestions have appeared in various publications to meet the situation; for example, to close the first four or five grades in parochial schools, to have fewer but more excellent Catholic schools, or to sacrifice tremendously to retain the entire system. Whatever be the solution to the prob-lem, it will always remain true that Catholic teachers must endeavor to be at least as professionally competent as non-Catholic teachers. The speaker suggested that a specialized apostolic group of lay teachers is needed in this country. Moreover, the influence and activity of the Cath-÷ ÷ ÷ Total Dedication VOLUME 201 I961 £05 Francis N. Eor~h, $.J. REVIEW FOR RELIGIOUS 206 olic teacher could well be extended into the area of adult education. After the close of the Sunday morning session, a formal group luncheon was held, at which the Very Reverend Celsus Wheeler, O.F.M. of the Conference of Major Su: periors of Men's Institutes in the United States gave a word of encouragement to the work done at the meeting. He told those in attendance that secular institutes and other groups requiring a life of total dedication in the world are in a splendid position to establiSh contact with people for apostolic purposes in places and circumstances where priests and religious often could not make contact. The second speaker at the luncheon was a physician, a member of a professional men's sodality, who spoke on the topic,. "Dedication to t~he Lay Apostolate through the Professions." In his speech he stressed that though the lay apostolate can achieve a vfist amount of good, still consid-ering the number of Catholics in the United States, there is not the'desired impact or influence which might be ex-pected. Many young people today have no concept of how their future work as professional men might be utilized for the apostolate. One must learn to think with the Church and to carry that thinking into one's professional life. A deep interior life must be developed so that this can spill over into apostolic work. As an example of what one group of professional men is doing for the apostolate, a detailed description was given by the speaker of the sodality to which he helorigs, of its course of training, and of some of its apostolic activities; his presentation was both impressive and inspiring, A business meeeting was held in the auditoriu
Issue 15.5 of the Review for Religious, 1956. ; Our New Business , ddress When we were preparing to publish the REVIEW, we arranged to have the College Press, in Topeka, do the printing and distribut-ing. For fifteen years the editors and the College Press have worked together in the closest h.armony. We have literally shared both heart'- 'aches and °joys. The heartaches were',mostly brought about by the difficulties of the war years: for example, as we published each num-ber we wondered how we would get enough paper for printing the next. The jo~,s consiste,d, am6ng other things, in getting the REVIEW out regularly and on time, despite the difficulties, and in the realiza-tion that this new apostolate for religious seemed to be appreciated. Please send all renewals and new subscriptions to REVIEW FOR REL~IGIOUS 3115 South Grand Boulevard St. Louis 18, Missouri This is our new business address During all these fifteen years, Mr. 3. W. O,rr, owner of the Col-lege Press, and his assistants, have given the REVIEW the best they had: and that was very good, indeed. But the time has come when we must make new publishing arrangements. The reason for this is purely an "act of God," as far as both the editors and the College Press are concerned. There has been no break in the harmony that has always characterized our collaboration. Fortunately for us, the publishing department of the Queen's Work has agreed to take over the publication of the REVIEW. Be-ginning with the next volume, the REVIEW will be printed and dis-tributed by the Queen's Work. Obviously, the new publishers can-not wait till the last deadline to begin making addresses and keeping records. For this reason, please note the announcement in the c~nter of this page and follow it exactly. The editors are deeply grateful to the College Press for past col-. laboration and to the Queen'~ Work for taking over the burden. 225 I=xclaus!:rat:ion and Seculariza!:ion Joseph F.°Gallen, S.J. I. EXCLAUSTRATION , 1. Definition. Aft indult of exclaustration is the permission to remain temporarily outside one's religious institute apart from obedi-ence, dependence, and vigilance of religious superiors either for a determined period of time or for the duration of the reason for which the indult was granted. The religious requests the indult and is not obliged to use it afterit has been granted. The petition is made throu~gh religious, superiors. Canon law does not demand the con-sent of superiors, but it is the practice of the Holy See to grant no indult to religious without having considered the opinion of superiors nor generally without their consent. It is difficult to obtain an in-dult of exclaustration from the Holy See when superiors are opposed. The Holy See d~cides whether the opposition of superiors is unreas-onable or unjust.1 The petition therefore should be accompanied by the opinion of the superior general, substantiated by pertinent reasons and facts, as to whether the indult should be granted. Local ordin-aries follow the same practice in granting indults of exclaustration to members of diocesan congregations. Exclaustration differs from a me/e absence outside any house of one's institute (c. 606, § 2), es-sentially because in a simple absence the religious remains subject to the obedience and vigilance of superiors. Authors commonly assert that the Holy See does not grant an in-dult of exclaustration to priests unless the petition'is accompanied by the attestation of a local ordinary that he will permit the priest to reside in his diocese during the exclaustration and at least to say Mass. ~ 2. Competent authority forexclaustration and secularization (c. 638). The competent authority is,the same for both exclaus-tration and secularization. In pontifical institutes~ whether orders or congregations', only the Holy See can grant such an indult. Either the Holy See or the local ordinary is competent for members of dio-cesan congregations, but in practice the indult is obtained from the latter. The competent local ordinary is the ordinary of the place where the religious is staying. The ordinary of the mother house is 1. Goyeneche, Quaestiones Canonicae, II, 124-25 2. Schaefer, De Religiosis, n. 1536, 5. 226 EXCLAUSTRATION AND SECULA.RIZATION competent only for religious staying within his diocese, not for those staying in. other dioceses.3 The competent ordinary therefore is the ordinary of the domicile or quasi-domicile of the religious, even if the latter is Outside either diocese at the time the indult is granted. A religious has a domicile in the diocese of the house to which he is assigned, a quasi-domicile in a diocese where he has licitly resided for the greater part of a year or has been or.dered to reside for the greater part of a year. The ordinary of the licit actual and real resi-' dence of a religious is also competent as long as such residence con-tinues and'the religious is within his diocese, i. e., of a diocese in which the religious has licitly resided for a week or at-, least for several days, since a place where one is staying is not confined in canon law to a domicile or quasi-domicile,4 An ordinary is probably competent with regard to any diocesan religious who is .actually licitly in his diocese at the moment the indult is granted, even if only momentarily and without any regard to the length of the stay, since this also is at least probably a canonical meaning of the place where one is staying.6 The apostolic delegate, possesses the following faculty for nuns: "To allow nuns in case of sickness or for other just and grave rea- ~sons to live outside the religious house for a time to be fixed at his prudent discretion, on condition, however, that they shal~ always have the association and assistance of their relatives by blood or mar-riage or of some other, respectable~woman, that they shall live at home and elsewhere a religious life free 'from the society of men, becomes virgins consecrated to God, and without prejudice to the prescription of canon 639.''~ 3. Sufficient reasons for exclaustration (c. 639). Since common life and subjection to superiors are highly essential elements of the religious state, serious and exceptional reasons are required for the granting of this indult. Those commonly given are a business un-dertaking, care of personal health, and care or support of one's par-ents when these things cannot be accomplished b~ a simple absence from the institute according to ~; 606, § 2~ Other reasons of equal or greater import will suffice. 4. Effects of an indult of exclaustration (c. 639). The effects 3. Code Comm., July 24, 1939; Bouscaren, Canon Law Di~est. II, 173. 4. CL'cc. 94, §§ 2-3; 162, § 1; 620: 1023, § 3; 1039, § 1: 1097, § 1, ~.2": 1563: 1787, § 1; 2385. 5. Cf. c. 94, §§ 2-3: Regatillo, lnterpretatio et lurisprudentia Codicis luris Canonici, 244-45: Michiels, Principia Generalia de Personis in Ecclesia, 210- 11 : 119: Normae Generales luris Canonici, II, 729-36. 6. Bouscaren, op. cir., I, 184; Vermeersch, Periodica, 12 (1924), 145-46. 227 JosEp~-I F. GRLLEN Reoieto for Religious are always the same, whether the indult is granted by the Holy See or a local ordinary. The latter cannot determine the effects of an indult granted by himself, since these are determined by c. 639. The exclaustrated religious remains a religious and a member of hi~ in-stitute. Therefore, he is free of no obligations and loses no rights except those expressly stated in law. The obligation of the vows continues during exclaustration. The obligation of chastity remains undhanged. Instead of being subject to the superiors of his institute, the exclaustrated religious is now subject, also in virtue of the vow of obedience, to the ordinary of the dibcese in which he is staying. The cession of the admihistration, disposition of the use and usufruct, and will that he had made in religion all remain in effect. Exclaus-tration does not change the norms for acquiring property, and the religious acquires property for the institute and for himself in the same way that he would if he were not exclaustrated. He is given implicit permission by the indult itself to acquire, administer, and use temporal goods insofar as these are necessary for his becoming sustenance and the purpose of the indult, e. g., the support of parents. He is obliged to avoid all superfluous expenses. The institute has no obligation from justice to support an exclaustrated religious but shbuld do so from charity insofar as he is hnable to support himself.7 The exclaustrated religious is held to all other obligations, i. e., the laws of the code on religious, the obligations of the Rule, con-stitutions, customs,, ordinances, and regulations of his institute in-sofar as these are compatible with his present state. He is therefore not held to incompatible obligations, which in general are those that depend on common life, e. g., silence, attendance at common exer-cises, inspection of correspondence. Compatible obligations, to which he is held, are, e. g., mental prayer, private recitation of the office, hearing of Mass, ~requenting the sacrament of penance, recitation of the rosary, examen of conscience, other prayers that can be said pri-vately, fast, and abstinence. He must put off the religious habit but may continue to wear any undergarments that appertain to the habit and the small habit, called the scapular, worn under the clothing by the tertiaries of some religious orders. Exclaustrated priests and clerics wear the dress of the diocesan clergy. For special reasons the local ordinary may permit an exclaustrated religious of a diocesan 7. Cf. Guti~rrez, Commentarlum Pro Religiosis, 36 (1955), 375; Schaefer, op. cit., n. 1535; Goyeneche, De Relioiosis, 196, note 19; Coronata, lnstitutiones luris Canonici, I, 840, note 4; Chdodi-Ciprotti, lus Canot~icura de Personis, n. 286; Berutti, De Religiosis, 327. 228 Seprernber, 1956 EXCLAUSTRATION ,AND SECULARIZATION congegation to wear the habit,s The Holy See, of course, may grant the same permission to a religious of a pontifical or diocesan insti-tute. The Holy See grants this permission when no scandal will ens,ue and provided the superior of the institute approves the request, espe-cially when the reason for the exclaustration is not caused by the re-ligious himself.9 During exclaustration the religious possesses neither active nor passive voice. He retains the merely spiritual privileges of his institute, e. g., indulgences. He follows the calendar and rite of his {nstitute in the recitation of the office and the same rite in saying Mass. He retains the privileged confessional faculties of his institute as also those of blessing objects. Heo is not deprived, of suffrages if he should die during exclaus~ration, since no law of the code divests him of this right acquired by profession.19 5, Return to the institute. Whe~i the definite time for which the indult was granted has expired or the reason for which it was given has ceased, the religious is ~o return without delay to his institute, unless an extension of the indult has been obtained from the'com-petent authority. The religious has the rights, to ret'urn before the expiration of the indult, and the institute is Obliged to receive him back. For just reasons his ,religious superiors may also recall him to the institute before the expiration of the indult. 6. Imposed exclaustration. A new form of exclaustration, not contained in the code, has been introduced in the recent practice of the Holy See. It is usually granted on the petition of superiors, whether the subject consents, .is opposed, or indifferent. The essen-tial characteristic of, this exclaustration is that it is imposed, is of obligation, is a precept of dwelling outside the institute. The rea-son is f.requently the good of the community, i. e., the conduct of the religious is a source of serious harm to the institute. Often the good of the subject also is intended, i. e., for his own good' the re-ligious sbould be e~claustrated. Typically specific cases are those of religious who are notably deficient in observance or obedience, who undermine and mi~chinate against government, and very difficult characters who do not merit dismissal but seriously disturb the p~ace of the community. These cases are stated to be of more frequent occurrence in institutes of women. Such reasons are often accom-panied by physical or mental maladies. The state of the religious in 8. Code Comm., Nov. 12, 1922; Bouscaren, op. cir., I, 326-27. 9. Larraona. Acta et Documenta Congressus lnternationalis 8uperiorissarum Gen-eraliurn, 265. 10. Creusen, Religious Men and Wom, en in the Codb, n. 334. 229 JOSEPH F. (3ALLEN Reolew for Religious imposed exclaustration is the same,as in 'the ordinary or voluntary exclaustration, but he may be placed under the vigilance of the local ordinary or his own religious superiors. The religious is obliged to work for his own support, but in this case the institute has a greater obligation i~n charity to support him insofar as he cannot do so him-self. Imposed exclaustration is not prescribed for any definite period of time, but it is not perpetual. It lasts as ldng as the.reasons and purpose persist in the judgment of the S. Congregation of Religious, and the rehg~ous may return and be receN:ed back into the institute only with the permission of the S. Congregation. A clerical religious in sacr,ed orders wh~ is to be exclaustrated in this manner may be received by a bishop but without any intention of future incardination. In this case the religious is in the same state as that of ordinary exclaustration. He is under the authority of the bishop, also in virtue of the vow of obedience, and he exercises the ministry under the authority of the bishop. Such a clerical religious may not have a bishop who is willing to receive him, but another ecclesiastical authority, e. g., a.religious superior of another institute, is willing to be answerable to the Holy See for at least his priest!y life. The religious is then permitted to say Mass in the religious or pious house under the responsibility of this superior. He remains under the authority~and vigilance of his own religious superiors. If ¯ neither a bishop nor other ecclesiastical authority is had, the Holy See does not ilnpose exclaustration on such a c]'erical religious except in a case of absolute necessity. If it is imposed, the exercise of any order or sacred ministry is fbrbidden; and the religious is under his own superiors with regard to his Christian, clerical, and religious life~n II. S~CULARIZATION 7. Definition and competent autboritO (cc. ,638, 640). Secu-larization is a departure from religion by which a subject is separ-ated completely and perpetually from all membership in his .institute and is freed completely and perpetually of all obligations and loses all rights that h~ve their source in religious profession. By seculari-zation the religious ceases to be a religious. Since secularization dis-penses from all the vows of religious profes~sion, even if solemn, i( is commonly called a dispensation from the vows of religion. The competent authority for an indult of secularization is the same as for exclaustration, as explained in n. 2. ~ 11. Guti~rrez, op. cit., 32 (1953), 336-39~; Larraona, op. cir., "266. 230 September, 1956. EXCLAUSTRATION AND SECULARIZATION 8. Sufficient reasons. Very serious' reasons~are required for secu-larization, and the ecclesiastical authority competent to grant the indult is the judge of their sufficiency. There must be a reason over and above the mere desire to'leave religion. The ir~dult is granted because of the motive of the request, not merely because it is requested. The most common reaso~ is that the religious finds the religious life morally impossible or too difficult, even if this state arises from culp-able causes that he will not correct, The difficulty may have its source °in the vow of chastity, obedience, or poverty, the common life, work, or general life of the institute. A reason insufficient in itself may become sufficient when the mental state of the religious that be will not correct is taken into account, e. g., if his desire to leave makes him useless or a source of harm i:o the institute. Other reasons of equal or greater import will suffice, ~. g., lack of suitability for the work of the institute, ill health, mental depression, necessary support of parent.s, and the case of those who are counselled to leave because otherwise the institute will initiate their dismissal. 9. Petition. The religious himself asks for the indult of seculari-zation, since it is a voluntary leaving of religion. He is to write out or at least sign his request, stating his name in religion and in the world, name of his institute, his present address, age, number of years in religion, of what vows he is professed and for how ,long, what orders he has received, that i~e requests an indult of seculariza-tion, all the reasons, and the date. The institute should retain a copy of this petition. The petition should be forwarded to the competent authority ordinarily through the superior general or at least through a higher superior. All the statements above (n. I) on the necessity of the consent of superiors for exclaustration apply here also. The higher superior should enclose a letter with the petition giving all in-formation pertinent to the case ;~nd his own opinion as to whether the religious should leave, substantiatin~ the latter with all reasons and facts that he may know. 10. Acceptance and refusal of indult. (a) Acceptance. When the indult of secularization is received, it should be communicated to the religious; and he should manifest his acceptance of it. "Any instruc-tions on the manner of acceptance contained in the indult are.to be followed. Otherwise, it is ,sufficient that the religious manifest his acceptance by any external s, ign that expresses acceptance. It is better for the acceptance to" be manifested in writing and before two wit-nesses. The following or a similar statement should be written or typed: "I attest that I today accepted, an .indult of secularization 231 JOSEPH 1~. GALEEN from the Order (Congregation)~ of N." The statement should con-tain mention of the place and date. It is to be signed by the recipient before the two witnesses, who are themselves to sign the acceptance as witnesses. The document is to be preserved in the files of the in-stitute. It would be well also for the higher superi'or, personally or through another, to give the secularized ex-religious a written and signed statement on the stationery of the institute to the effect that he had received and accepted an indult of secularization and .accordingly left religion free of all obligations of the religious life. The place-and date are to be mentioned also on this statement. (b) Acceptance and immediate repentance. An indult of seculari-zation produces all its effects immediately upon its acceptance, even if the former religious repents instantly and before leaving the house.12 (c) Refusal. Secularization, even though voluntarily petitioned, has no effect.until accepted; and the religious may refuse to accept the indult.13 If the institute, whether pontifical or diocesan, has serious reasons against the refusal these are to be proposed to the S. Congregation of Religious, which could oblige the religious to accept the [ndult or declare [hat the indult has its effect without ac-ceptance, thus making it equivalent to a form of dismissal.14 The formalities described above for an acceptance should also be followed for a refusal of the-indult. (d) Later useJof a refused indult. If the religious definitively fused the indult and later wishes to leave, a new indult must be pe-titioned. 'If, all things considered, 'the refusal was only doubtful, hesitant, not definitive, the indult is suspended and may be used later. If it is not accepted nor definitively refused within six months, the matter is to be referred tO the ecclesiastical authority that issued the indult.~ (e) Present practice of the Holt¢ See. Indults of secularization granted by the Holy See, for those who are not priests now contain the sentence: "This decree ceases to have any validity if hot'accepted by" the petitioner within ten days after being informed of the execu-torial decree." If within ten days: (1) the indult is expressly ac- 12. Cf.'Guti~trez, o/9. cir., 32 (1953), 194: Creusen, o/9. cit.,'n. 332, 3; Fan-fani, De lure Religiosocaro, n. 490. 13. S. C. of Religious, Aug. I, 1922; Bouscaren, ol9. dr., I, 326. 14. Ci:. Maroto, Commentari,,m Pro Religiosis, 4 (1923), 106. 15. Cf. Goyeneehe, Quaestiones Canonlcae, II, 126-27; Guti~rrez, o/9. cir., 32 (1953), 194-95: Jombart, Tcaitd de Dcoit Canonique, I, n. 907; Muzzarelli, Tractatus Canonicus de Congregationibas luris Dioecesani, 172: Jone, Cora-raeotarium in Codicem laris Canon.&[, I, 563; de Bonhome, Ret~ue des com-munautds Religieuses, 26 (1954), 47, 232 EXCLAUSTRATION AND SECULARIZATION cepted, it becomes effective immediately; (2) the indult is neither accepted nor definitively refused, it ceases'to have any validity at the end of this period;~ (3) the indult is definitively refused, all validity of the indult ceases on this definitive refusal. A new indult is to be petitioned if the religious repents of his refusal and wishes again to leave, even during the ten-d.ay period. The practice of the'.Holy See is not to grant the indult directly to'the religious but to commit to an intermediary person, e~ g.; the local ordinary, the granting of the indult to the religious. The actual granting of the indult by this intermediary is called the executorial decree. The ten days begin to run from the time the ~eligious is offi-cially notified of the executorial decree, not from the date of notifi-cation of the rescript of the Holy See. The day of notification, is not computed. If the notification is given on August 1, the ten days expire at midnight of August 11-12. This time does not run for any period in which the religious was ignorant of or unable to ex-ercise his right of acceptance and refusal.l~ 11. Effects of an inctult of secularization (c. 640). The effects are always the same, whether the indult is granted by the Holy See or ~a local ordinary~ The latter cannot determine the effects of an indult granted by himself, since these are determined by c. 640. One who has been secularized ceases simply and absolutely to be a r& ligious. He is in the same state as if he had never been a religious and° consequently has none.of the rights or obligations of a religious. Can. 640 specifie~ these effects by stating that he ceases to be a mem-ber of his institute; that he must put off the religious habit, as ex- ,plained in n. 4; that he is freed from all the vows of his religious p~ofession, even if solemn; that he is no longer bound by the con-stitutions nor by any particular law of his former institute nor by the obligation of .reciting the Divine Office in virtue of religious pro-fession; and that he loses a.ll rights and privileges of a religious. A secularized religious cleric in sacred orders is bound by tl~e obligation of clerical celibacy and chastity (c. 132, § I), of reciting tl'ie Divine Office (c. 135), and of wearing becoming ecclesiastical garb (c. 136, § 1). In the celebration of Mass, the recitation of the Divine Office, and the administration and reception of the sacraments, the secular-ized religious follows the rite and calendar of the diocesan clergy and laity, not any special rite or proper calendar of his former in-stitute. A secularized religious ma.y not. be admitted into any re-ligious institute without a dispensation from the Holy See, since he 16. Cf. Guti~rrez, ibid., 186-97; Larraona, op. cir., 266. 233 JOSEPH F. GALLEN Review for Religious. is now bound by the invalidating impediment of c. 542, I°, of a previous religious profession. If he is again admitted,, he is not obliged to make another postulancy17 but must make another novice-ship, temporary profession, for the full time prescribed by, the, con-stitutions, and perpetual profession. His seniority is determined by the new profession. A dispensation may be requested for'a lessening of a noviceship of more than a year and also of the time of tem-porary profession. The questions specific to clerics in minor and sacred orders (c. 641) and the privations that affect the latter (c. 642) can be found in the ordinary canonical manuals. (a) Return o['tgroperty. The institute has no obligation to re-store to the secularized religious any property that he had given to the institute, e. "g., in the renunciation before solemn profession. However, it is the very common d6ctrine of authors that equity counsels the restoration of a part of such property, at least if it has not been expended,is The renunciation, ceases to have any validity with regard to property that will come to the former religious in the future. A professed of simple vows regains the administration, use, and usufruct of his personal property (cc. 569, § 1; 580, § 3). A few constitutions contain the provision that clothing and personal effects brought to the institute at entrance are to be restored in their current condition to a religious who leaves'or is dismissed after first profession. Such a provision is to be obeyed. The constitutions may contain the contrary provision that hll such objects, except those of sufficiently notable value, are implicitly renounced in favor of the institute at first profession. In the absence of any provision' of the constitutions or custom, the latter doctrine may at least probably be followed. The ihstitute cannot be expected to permit the religious to carry all such objects from house to house or be obliged to retain and store them. The entire capital sum of the dowry, ~but not the interest already derived from it, is to be restored to a.secularized re-ligious woman (c. 551, § 1)i It is forbidden to deduct anything from the dowry for ordinary or extraordinary expenses that the institute had to pay in favor of the religious, e. g., for her support as a postulant or novice, studies, or illne'ss. A secularized r~ligious may not seek compensation for services rendered to the institute at any 17. Cf. c. 640, § 2: Larraona, Commentacium Pro Relioiosis, 16 (1935), 223; done, ot9 clt., 565. 18. Cf. dombart, o19. cir., n. 908; Beste, lntroductio in Codicem, 436; Claeys Bouuaert-Simenon, Manuale duris Canonici, I,, n. 689; Bastien, Directoire Canonique, 440, note 3; Vermeerscfi-Creusen, Epitome luris Canot~ici, I, n. 801. '234 EXCLAUSTRATION AND, ~;ECUL!~RIZATION time from his entrance .(c. 643, § 1). 12. Charitable subsidy for religious wotner~ (c. 643, § 2). The charitable subsidy consists of suitable clothing, personal effects, and a sum of money sufficient to enable a religious woman to return home safely and becomingly and to provid~ her with the means of a re-spectable livelihood for a period of time to be determined by mutual consent or, in the case of disagreement, by the local ordinary. The subsidy need not be prolonged beyond the time required for finding employment suitable to the condition of the former religious. If she is quite old and infirm and without resources, she must agree to enter" into a'suitable institution intended for persons of that condi-tion. The help given by her former institute need never have the~ character of a pension for life.19 Constitutions of religious women most rarely determine whether it is the institute, province, or house that is to furnish the subsidy. The matter.is therefore determined by the 'usage of the particular institute. The subsidy is to be given when the religious was received with-out a dowry or with a dowry insufficient for the purpose2° and cannot p~ovide for herself sufficiently from her own property. In " these circurfistances therefore the institute is obliged to give either the full amount of the subsidy or, in the event that the religious has some property of her own and/or a dov~ry insufficient for the purpose, the added amount necessary to equal the full amount of the subsidy. The ~ubsjdy has to be given to any ~eligious woman who leaves at the end of temporary profession or is then excluded from renew-ing temporary or making j~erpetual profession (c. 643, § 2), who is secularized during temporary or perpetual profession. (c. 643; § 2), or is dismissed during either temporary or perpetual profession (cc. 643, § 2; 647, § 2, 5°; 652, § 3). The code does not mention the subsidy in c. 653, which treats of s.ending a religious back im-mediat. ely and provisionally to secular life, nor in c. 646, which lists the crimes that effect theipso facto dismissal of religious. How-ever, the general canon on the subsidy is 643, § 2, which is evidently closely joined with the firs~ paragraph of the same canon. The latter lists dismisged religious without any restriction. The subsidy should certainly be given in the first case. It seems that it should also be given in the second case. It is not likely that the reli~gious is deprived of the su, bsidy because of the greater culpability of these crimes. The 19. Creusen, op. cir. n. 338; .]'ombart, op. cir., n. 908. 20. S. C. of Religious, Mar. 2, 1924: Bouscaren,.op. cir., I, 300. 235 JOSEPH F. GALLEN Review for Religious ordinary dismissal of a religious wbman of perpetual vows demands culpable reasons, yet the code certainly commands that the subsidy-be given to all religious women dismissed in the ordinary manner. The canonical obligation of giving the subsidy is confined to religious women. However, an institute of men will practically al-ways have to give a subject in the same circumstances suitable cloth-ing, personal effects, and a sum of money sufficient to enable him to retu, rn home safely and becomingly; and equity and charity may oblige the institute to assist him financially until he secures em-ployment. 21 13. Special exctaustration (exclaustratio qualit~cata) o1: priests. This is, equivalently .a temporary laicization and secularization. Lai-cization deprives the cleric of the licit use of the power of orders, of clerical offices, rights, and privileges, and frees him of all clerical obligations except that of clerical celibacy and chastity attached to sacred orders (c. 213). The effects of secularization have been de-scribed above. In special exclaustration clerical and religious rights and obligations are not removed but'suspended for the time of the indult. This form of exclaustration is new and was introduced in the practice of the Holy See in October, 1953. It is confined to priests and may be granted only by the Holy See. The indult is generally given only on the petition of the subject or at least with his con-sent. It is likewise temporary and is usually granted only for a brief time, e. g., one or two years. Special exclaustration is a tem-porary and provisional remedy and ordinarily presupposes, tempor-ary reasons that will probably cease by its use. Typical cases are those of a serious crisis of faith, of disgust or fear "of the religious and priestly life, serious da,nger of public scandal or of apostasy from the priesthood or from fai.th, some physical infirmities, serious psy-chic disorders caused by the persuasion of a fundamental lack of aptitude for the priestly and religious life, depressive and scrupulous states, obstinate abstention from the celebration of Mass and from the sacraments caused partially, by infirmity and scruples, invincible repugnance to the exercise of the priestly ministry, and a secretly sinful life with consequent psychic depression and the persuasion that the life of chastity is impossible. The Holy See is ac,utely con-scious of the various dangers of this form of exciaustration and pro-ceeds prudently and cautiously in granting the indult and acts only 21. Cf. Woywood-Smith, A Practical Commentary on the Code of Canon Law, I, 323; Coronata, op. cir., 845; Cappello, Summa luris Canonlci, II, n. 630; ¯Regatillo-Zalba, De Statibus Particularibus, n. 254. 236 September, 1956 EXCLAUSTRATION AND SECULARIZATION ¯ after having obtained complete information of the course of life of the petitioner. The priest continues to be a member of his institute, and this constitutes the essential similarity to ordinary exclaustration. The obligation of all the religious 'vows is suspended, but that of clerical celibacy and chastity attached to sacred o~rders remains. All other clerical and religious rights and Obligations are s,uspended, all clerical ministry is forbidden, and the priest is in the state of a lay person with regard to the reception of the sacraments. The indult places him under the special discipline and assistance of the local ordinary and of the institute that he may be charitably guided to upright and be-coming conduct and be aided in overcoming the crisis. He is obliged to put off the external form of the religious habit, as in ordinary exclaustration and secularization, and be ii also forbidden to wear ecclesiastical garb. He retains the merely spi'ritual privileges of his institute but does not have any of the other rights nor active and passive voice. During the time 'of the indult he acquires property for himself and may and should provide his own support. Before leaving religion he is to give the superior a declaration that he will provide his own support during the exclaustr~tion without any ob-ligation on the part of the institute. Cases can occur in which this declaration will not be prescribed, and the institute in charity should support the subject insofar as he cannot do so himself. Superiors may receive the subject back into the institute before the expiration of the indult~ but the clerical privations remain intact. until the Holy See has given its decision. On the expiration of the indult, the priest is obliged to return to his institute and recourse is to be made to the S. Congregation for a decision of the case. Su-periors, however, may use the faculty of c. 606, § 2, and permit him to live outside the institute for a brief time until the S. Congre-gation decides the matter. The indult can also cease on" its revoca-tion by the S. Congregation, either on the petition of the subject or for a serious reason on the initiative of the S. Congregation. The indult likewise ceases on the granting of perpetual laicization, by the penal infliction of such laicization, e. g., in the case of public scandal, or by a petition for secularizatior~ when the priest has found a bishop who is willing to receive him according to the norm of c. 641. All of the above on special exclaustration is a synopsis of Gutiirrez, Commentari~m Pro Religiosis, 36 (1955), 374-79. The matter i~ briefly described also in Sartori, durisprudev.tiae Ecclesiasticae Ele-menta, 3 ed., 60-61. ~ 237 Mo!:her Dolores Sister M. Teresita, S.H.F. The story of the foundress of the Sisters of the Holy Famil'y THE sudden rush of the ambitious gold seekers of 1848 gave Cali-~ | fornia, and San Francisco in particular, a cosmopolitan Char-acter. But abreast with the adventurers came new recruits in the missionary field seeking the finer gold of precious human souls. Ireland supplied a great many zealous young priests who-were ready to sacrifice home and country. They came to minister to the spiritual wants of her children who followed the lure of gold to the far-away shores of the Pacific. Foremost among the early students of All Hallows' Seminar~, in Dublin was John J. Prendergast. Born in Clogh~e, County Tip-perary, Ireland, in 1834; Father Prendergast was ordained for the Archdiocese of San Francisco on June 26, 1859. His great talents and fervent piety marked him out as an extraordinary student. He was offered a place on the faculty of All Hallows. As he was or- .dained for San Francisco, the authorities communicated with Arch- 'bishop Alemany. To make sure of the Archbishop's permission, two priests were offered in place of Father Prendergast. The de-" cision was left to the newly ordained. He refused the honor and set out for the distant country, chiefly known to the gold hunter, the specul~tor, and adventurer. He arrived in San Francisco when it was in the throes of civil, reli~lious~ educational, and social disor-ganization. In the exercise of the sacred ministry, Father Prendergast met the poor, the unfortunate, as well as the newly rich. He frequently walked the streets of the rapidly growing metropolis sprung out of the sand dunes, the city built,on the hills. His priestly heart ached for the many children he found who were totally ignora.nt of the truths of the faith of their forefathers. The sudden growth since the gold rush. of '49 had far outstripped municipal facilities. Mission Dolores was the parish to which Father Prendergast was assigned. It covered two-thirds of the present area of San Fran-cisco. In taking the census, this ardent son of Erin found many of the children of the poor living in frightful conditions. Many, whose mothers were obliged to go out to work for their living, were left alone all day. They were locked in their backyards with a half losf of bread and a bottle of milk to suktain them. Daily, Father 'lSrayed 238 MOTHER ~OLORES for a solution to the problem and begged God to send a suitable person to inaugurate a systematic campaign among the poor and neglected families of his parish. It was in the sun.rsplasbed gardens of historic Mission Dolores that Father Prendergast first met the high s~0irited, vivacious Eliza-beth Armer. Elizabeth had accompanied Mrs. Richard Tobin to arra, nge to have Masses said for departed relatives. She was standing there beside her" dark-eyed foster mother, the morning sun shining on her golden crown of auburn hair. She carned her fifteen years with girlish dignity. The warm, radiant personality manifested in one so young impressed Father Prendergast. Father felt that Elizabeth, though still a young girl, was just the one to begin his work. When he was later transferred to the Cathedral parish, he secured her services as a religion teacher for the children. She also assisted in cariflg for the altars. Eagerly he watched the unfolding of this beautiful flbwer in God's chosen gar-den. Rapidly plans for a much-needed institute developed in his own mind. Elizabeth Armer came to us out ~f Sidney, Australia. Little is known of her ancestry or early childhood. She was born on April 30, 1851. Soon after she arrived on our shores with her family, her mother died. Her father, Robert Amkr, remarried. It was the oft-repeated story of the step-dhild. Richard Tobin, a friend of Robert Ar~mer, coming home from the office one~da~, said, "Mary; I have a surprise for you. I've brought you a new daughter." Mr. Tobin told his wife that she was the child ofhis.old friend Robert Armer and added, with, deep faith, "Mary dear, God will provide." And God did. Elizabeth was enrolled in the classes at Presentation Convent. Here she spent her happy" school days under the supervision and in-struction of the good Sisters of the Presentation of the Blessed Virgin Mary. That Elizabeth developed such a well-adjusted personality, spite her early misfortune, was due to the sympathetic understand-ing of her new parents. The comforts of their luxuriant home on exclusive Nob Hill did not distract Elizabeth from her love of God and souls. She often met little folks on ,thestreet. She would ,stop them to talk with them. This tall, beautiful girl would ask, "Do you love God? Do you say your prayers? . But we don't know any prayers, Miss," they would answer. "'Come to our house and I will'help 239 " SISTER M. TERESITA Review [or Religious you to learn to love God and to talk to" Him." Soon, Elizabeth had gathered quite a group of children around her to "learn about God." Her foster father remarked that their home was beginning to take on the appearance of a kindergarten. However, Mr. Tobin good naturedly tolerated the invasion. Mrs. Tobin often accompanied Elizabeth on her visits to the homes of the poor. In the institute of which she was destined to be foundress, these early characteristic traits, zeal for sQuls, love for the poor, were to be its distinguishing marks. Alleviation o.f both material, and spiritual poverty, .especially in families, was to be its special work. Soliciting funds from the wealthy to aid the less fortunate was to be the means, of extending help. 'They would seek out the children who needed religious instruction. They would lend a helping hand where needed, to preserve the family. This apostolic social work and social-minded apostolate are the_constant endeavors of her spiritual daughters, today. In spite of her active participation in the lay apostolate, Eliza-beth yearned for a complete dedication of her life to God, Her per-sonal love of the Saviob drew her with such force that Elizabeth thought that God was calling her to be a Carmelite. The future foundress desired to do God's will rather than her own, which led her to consult the archbishop about her vocation. "Elizabeth," replied the saint!y'Archbishop Alemany, "Father Prendergast and I have another work for~ you to ~1o, There are the little ones to be cared for while their mothers are off to work. And who is to instruct the children of our big city in the ways of faith, hope, and love? They must be prepared "for the Sacraments; they must be brought to the knowledge, love, and service of God. There are the poor to be visited in their homes. There are hearts to heal and souls to save in our busy city streets. This, is the work Ggd wants you to do, Elizabeth." To give up the s.ecurity of a life in a long-established and well-ordered religious congregation! To launch out on the rough sea of uncertainty of establishing a new institute! Was this what God was asking?. With firm faith and steady heart, she gave herself with perfect trust into the care of God's representative. This same simple faith, ardent love; and child-like trust mzrked all her dealings with God and men throughout her beautiful but comparatively short life. Trials were. not wanting; for it is only in the crucible of suffer-ing that the pure gold of such a soul is tried. It was necessary that the edifice of the Holy Family institute (the eternal inheritance be- 240 September, 19~6 MOTHER DOLORES queathed by Mother Dolores to her spiritual children) had to rest on the solid foundation of deep humility. God was not long in sending the first trial. Elizabeth was now twenty years of age. The time had come for definite action. At the bidding of her archbishop and Farher Pren-dergast, she left her foster parents' home. With one companion, Miss Collins, she moved into a little rented flat on Pine Street on November 6, 1872. This is Foundation~Day. DaiI~ they went about the duties of caring for the poor, the sick, and the needy: From the outset, the idea of a religious com-munity was in the mind of the founders. They were to devote them-selves generously to the service of God in the children and the poor. Father Prendergast had very definite i~leas of the life and work off. the young institute. To visit the homes of the poor, to bring" relief to the sick, to seek out the neglected children in their families--these are goals in social work that cannot be too much insisted upon. There is danger in our modern projects, providing recreation grounds and community clubs and hikihg expeditions, to neglect the family. 'Father Pren-dergast's idea of assistance covered the whole field of need. "Help-ing others to help themselves," was to be the m6tto of his welfare work. These two energetic young women labored enthusiastically for some months. The good the future institute was to accomplish, in the designs of God, was to be far-reaching. The souls to Obe snatched from Satan were to be 'many. Of course, the devil did not like this. He had his own plan to kill this good work in its infancy. On the other hand, every good work must be tried in the crucible of tribulation: A soul as staunch and courageous as that of Elizabeth Armer must be refined yet more. One morni~ng Miss Collins failed to report for duty. When Miss Armer visited her room, there were visible, On the hands and feet of Miss Collins, the likeness of the wounds of the Savior. Ever straightforward and upright herself, Miss Armer did not doubt her companion's sincerity. The incident created quite a stir. Shortly after, however, on investigation, it was discovered that the wounds were self-inflicted. Miss Collins was dismissed. , The incid'ent is brief in the telling, but who can kno~v the de.ep wound in the soul of the trusting Elizabeth. The scorn that sur-rounded her young institute. The infidelity of one she loved and trusted. 241 SISTER M. TERESITA ~ Review for Religious Another joined Miss Armer for a time. But the work was too hard; the.scorn was too difficult to bear. Friends of Father Prender-gast advised him to give up the idea. One after another had failed. He only replied, "There is one who will never fail, Elizabeth Armer." These were indeed dark days for the young foundress. She never referred to it--this trial was one she bore alone. She leaned on God alor~e for support. She maintained the same zeal for works of charity, the same devotedness to the poor and to the children of the Sunday schools. She did not seek a moment to relax. Her visits to the sick poor continued as before. When she needed a companion, she al-ways knew where to find one in the ever-faithful Mrs. Richard Tobin. Nearly two years had passed since Miss Armer had begun her work in the little rented house on Pine Street. They had been years of struggle and discouragement. True, they had been fruitful of good, but barren as far as a religious community was concerned. Alone, "disappointed in one, abandoned by another," the future Mother Dolores prayed, labored, and trusted in God. Mrs. Tobin remained faithful and Father Prendergast maintained his confidence. Then renewed hope came. On lk-lizabeth's birthday, in 1874, there came a, caller. It had been Ellen O'Connor's third attempt to see Miss Armer. "You are my birthday present!" Elizabeth exclaimed, when Ellen told her that Father Andrew Cullen had sent her. "This morning I asked the" Blessed Mother to send me a present. Have you come to stay? . I hope so," was Ellen's reply. ,And she did. As Sister Teresa, Ellen became the lifelong companion of Mother Dolores and succeeded her as Mother General of the institute. The new enterprise had been marked with the cross, the sign of God'~ special favor. The youthful foundress had proved herself faithful. The work was readyto move fbrward.:. Very soon, other generous young girls came knocking at the door of the little rented convent asking, "May I help too?" The poverty of the flat did not seem to frighten them. The long .hours among the children did not seem to tire them. The night watches with the sick and dying did not make them change their minds. They had cgme to give their all to Christ. He was all in all to them! This was the generous, self-sacrificing spirit that animated those early sisters who were first known as "The Miss Armers." Father Prende~gast called them Sisters of the Holy Family. And that name has been made their own. In rapid succession, four young ladies came to. join Miss Armer 242 September~ 1956" MOTHI~R DOLORES and Miss O'Connor. Winter,was now past for the young institute, and God was blessing it with increase. Archbishop Alemany decided that ,steps should be taken to establish a regular religious congrega-tion. Miss O'Connor was sent to the Dominican Convent in Benecia to make her novitiate. In 1878, she pronounced her .vows as Sisger Teresa of Jesus, in the presence of the Archbishop and the sisters. Now the foundress became .subject and, with her four compan-ions, began her novitiate under the direction of Sister Teresa. They completed their required novitiate in March, 1,880. On the Feast of St. Joseph, faithful guardian of the Holy Family and special pro-tector of the institute, Sister Dolores and the four sisters pronounced their holy vows. The Sisters of the Holy Family were molded into a new congregation in the Church. California's' own; its first, and still its only, native religious institute. Alr~eady, as early as1878, Archbishop Alemany"entrusted a new field of labor, which had long been dear to his heart, to the infant community. They were asked to care for young children throughout the day, whose ~mothers were qbliged to work to support their, little ones. Ever mindful of the sacredness of the integrity of family life, the Archbishop saw in these Day Homes the fulfillment of his early plans. At first the sisters shared their own convent with these needy ones of Christ's flock and cared for them "'with the fender charity of a Christian mother~" In due time, four commodious Day Homes were erected in San Francisco through the industry .of the zealous sisters and the charity of kind benefactors. Abreast with catechetical work, the Day.Hgmes have since spread to San ,Jose, Oakland, and Nevada. From their new mother house on Hayes Street, these~ new, ly pro-fessed religi0us, now augmented by more members, carried on the apostolic work already well begun, They set out on their exalted and laborious mission of pushing back the frontiers of rel.igious ig-noranCe.~ The growing city of San Francisco was their first concern. Soon, pastors of parishes outside of San Francisco were asking for the sisters. They gathered th~ children together after school as well as on Saturday and Sunday rhornings. Sometimes classes were held in an unused store. At Tanforan~ race ,track, they held sessions in the pavillion where the children came to them on foot, on. horse-back, or in wagons. Stories could be multiplied without end, of the men and women, priests and religious, who trace their first desire to hear of Godtto the 243 SISTER M. TERESITA Review for Religious kindly invitation of these seekers of souls. This attraction which her sisters have fo~ children seems to be one of the priceless !e~acies Mother Dolores has bequeathed.to her f~mily. We might cal[ it the special sacramental character of their missionary vocation. These were the specific works of the new institute. However, Mother Dolores.was not slow to respond to emergencies. San Fran-cisco's P[esidio became the port for the sick and wounded soldiers during the Spanish American War. Suddenly the dread typhoid ,plagde broke out in the camps. Her sisters willingly volunteered for active duty as nurses. Mother Dolores herself prepared and provided many of the medic~i1 supplies during the three months in which the disease raged. A grateful city expressed its thanks to the valiant work of the many sisters who foughttthe plague by granting free transportation to all sisters on her street cars and buses, even to this day. The memory of the public service rendered by the sisters in this emergency prompted city officials to call upon them in the greater catastrophe of the 'terrible fire and earthquake of 1906. When the trembling city was licked with flames, the sisters could be found assisting the sick and dying. Their mother house became a hospital for the insane. The now homeless desuits found a tem-porary shelter 'on the main floor of the convent. In return, th~ey have given the mother'.house daily'~Mass ever since. The sisters' im-mediate and efficient, response to the city officials' appeal for help in San dose du.ring the influenza epidemic again manifested their alert-ness to the need for prompt and generous action in public calamities. Tireless in her efforts to save souls, Mother Dolores never spardd herself. The work. of organization and administration of her grgw-ing community was taxing her physical ~trength more than her sisters ~realized. A severe heart attack made it evident that Mother's condition was critical; she was'but.53 years old. Father Prendergast was called to her bedside. On seeing him, Mother simply said, "I am going." "No doubt you would like to see your work more~ per-fectly finished and carry out some 6f your plans before going to Heaven, to our Lord." She answered, "God knows best." So on August 2, 1905, her ardent souF in all its radiant splendor, like a restless flame, leaped from the charred remains of its burned-out temple, to the presence of her Creator, her Divine Lover. Mother Dolores was a product of her age and locale. She im-bibed the spirit of the adventurous gold seekers. By supernaturalizing 244 September, 1956 MOTHER DOLORES that spirit, she became an adventurous soul seeker. : Ever mindful of the necessity of adaptation to changing times, the progressive spirit of the foundress was passed on to her daughters. When modern means of travel proved helpful, they were used. The Sisters of the Holy Family were driving their own cars to distant missions when women drivers were still uncommon. Across the alkali beds of Utah, the deserts of Ne,~ada, or into its high moun-tain peaks they go. They use every means to bring the word of God to the ghost towns so reminiscent of the "Gold Rush." Now they contain only the precious ore of immortal souls. The populous cities witness their zeal in going from school to school during the day, teaching on released time. In the far~flung parishes of the Monterey-Fresno Diocese, they travel within the radius of forty-five miles of their convent home. They gather small groups in one-room schools of tile districts. Soon, a little chapel marks the spot and the Mass comes to another outpost conquered for Christ. Or, in the more populous areas, they assemble large groups, for which ~hey need the belp of a "walkie-talkie" to make themselves heard. Always seeking souls, the sisters will be found with the Mexican~ in Texas, extending the frontiers of faith among the~ Indians in Nevada, the Chinese in Fresno, the colored in our large c~ties, the Hawaiians in Hawaii. The young Americans from every state in the Union, who are pouring into our beautiful California in fabu-lous numbers, are feeling the impact of their religious training. Today, the daughters of Elizabeth Armer are laboring in three archdioceses and six dioceses. They are ~nstr~cting 79,000 public school Children in 225 parishes. Last year there were 1400 belated baptisms and 12,843 first Holy Communions. What a rich harvest of souls! Indeed, the fires of her zeal had inflamed many generous young women. The highways and byways,, the towering moun-t;~ ins and the lowly valleys, know the steady progress of this veri-table conflagration-~conquering one outpost after the other for Christ. The welfare work done among these families cannot be estimated. The Day Homes gave day care to 2,000 regardless of race, colo~, or creed during the past year. The same spirit of faith that SUlSported the pioneer sisters is re-flected in the constitutions of the institute "The special end is to instruct and educate children in the doctrine and practice of the Catholic faith . . ." 245 P. DE LETTER Review "for Religious Wl~en death claimed Mother Dolores on August 2, 1905, there was as yet no foundation outside of San Francisco. Mqnsign6r John J. Prendergast went to his reward on January 19, 1914. Pontifical approval was not requested until many years later, so it was not until-July 8, 1931, that the Holy See issued its decree of praise and approval of the" congregation and its constitutions, thus raising it to the status of a pontifical congregation. Monsignor Pren- ~dergast and Mother Dolores witnessed the crowning of their efforts from heaven when on May 28~ 1945, Pope Plus XII, gave tile definitive approbation, bidding the Congregation to ""continue to the~ end of,time." OnMet:hod in !:he Spiri :ual Life P. De Letter,,S. J. THE most common inconsistency is to desire some end and not to take the means to attain it" (Father de Pdnlevoye, S.J.). This applies particularly, though in no way exclusively, to the spiritual life. It happens, and perhaps it is not rare, that we wish for some certain ideal, desire a particular step forward in spirituality, and neglect to take the means. What is the root of this inconsistency? No doubt some sort of inertia-, of fear of effort. We fight shy of exertion. One takes it easy, and so nothing happens. ~We may not like to confess this sort of laziness. No one, no religious, especially, likes'to acknowledge he is lazy. Perhaps that is why not infrequently an endeavor is made to cover up this ihdecision and lack of action with theoretical difficulties. Perhaps the main difficulty in this re-spect is an objection against method in the spiritual life. For; if one were to follow a method, one would be doing something hbout one's intended objective. THE OBJI~CTION The objection is this: In, the spiritual or supernatural life, 'free-dom must be left to the Holy Spirit, to the initiative and inspiration of grace. It is not we who have to take'the initiative; it is the Spirit that takes the lead. Methods endanger 'the freedom of the Spirit who moves as He pleases; they may stifle the growth of the spiritual life, kill its spontaneity. Perhaps today a little more than formcrly this objection is raised, if not in theory then at any rate in practice; 246 September, 1956 ON METHOD IN THE SPIRITUAL LIFI~ it is acted upon. A number of people who yet try tO lead a spiritual life are inclined to care little for effort, for methodical application to prayer, or to the practice of definite virtues. They like to trust in the inspiration of the m, oment, to" follow the movements of grace rather than to forestall them. Lest this objection may actually turn into a cover for laziness, it is worth considering the issue. We shall do so and first consider method in general and then a concrete ex-ample of it, the Ignatian method. THE ISSUE: METHOD AND COOPERATION WITH (~RACE According to Father'de Guibert's Tl~eolog~ of the Spiritual ~Lit¥, n. 176, the use of method in the spiritual life, in prayer, or in the acquisition or practice of a virtue consists in baying some pre-fixed mode of action, suitable, fo? attaining an end and of application in a series of cases. In mental prayer, for example, it means that one prepares and foresees the subject matter and order of meditation, then starts with a progressive introduction to the subject, follows ,point by point using on'e's memory, understanding, and will--re-flecting, prayer, res, olving and ends with a colloquy. Andther ex-0 ample of use of method is the particular examen applied to the prac~ tice Of a virtue. One foresees what should be,done, how and when, resolves beforehand to pay attention and make the effort, and. tv~ice a day checks the way one went about it, examining success or. ill-success and its cause, resolving again 'to do better in tl4e next. half day. " Now, the problem involved in this use of method is that of our cooperation with grace. How must we conceive this cooperation? Tl~e spiritual life, being supernaturally inspired, actually is a matter of cooperation of our free will with grace, the latter leading, the first following~the lead of grace. It is beyond all doubt that in every; supernatura! activity it is grace that takes the initiative i(just a~ it is the reason of its spiritual fruitfulness and success, but this does not concern our present problem). And so the question is whether the use of method goes against the initiative of grace. Do We by'mak-. ing use of such methods as mentioned abbve take an initiative in the spiritual life that should be left to grace, to the inslAibation of the Holy Spirit? , ANSWER ~ We answer: The rigl~t use of method does not hinder the initia-tive of grace but is only ou'r way of cooperatirig ~with grace. When will the use of method be right? On two conditions: when it is 247 P, DE LETTER Review #:or Religious itself prompted by grace and when in its actual practice one does' not stick too rigidly to fixed details but follows eventual inspira-tions of grace that invite to greater liberty of spirit. 'The use of method can .be, and generally is, an answer to indi-cations that come from .grace. When duty calls to set exercises of prayer~ as when the bell sounds for meditation, or when providential ~ircumstances or genuine inspirations of grace (which are in perfect agreement with duties of obedience) invite to a particular practice of virtue, we may take it that to apply oneself methodically to prayer or to virtuous practice i~ merely to answer the initiative of grace. That is our way of cooperating with grace. There could be nothing but self-delusion in waiting for the promp.tin~s of grace to begin meditation when the hour of prayer is there. Method, used in these, circumstaF~ces,is but a guarantee that we are not wanting to grace but do our' share~ Yet in doing our share, enough freedom of mind must be kept for allowing grace to direct us whenever the Spirit so'chooses. A well-known example of this freedom is given in the directive of the Spiritual Exercises to the effect that in meditation we should stop at the poi,nt in which we find spiritual fruit, without any anxiety of going further, stop as long as we find what satisfies our spiritual need. This freedom and docility to the Spirit forestalls 6vet-rigid fidelity to mechanical rules. When grace clearly, takes the le~d, we follow. When the promptings of grace do not draw us, we on our part do what in us lies to answer the Lord's call expressed in our duty. When we understand the use of method in this manner, then Father de Guibert's practical conclusions in the matter are in no way surprising. He says: To reject all method is unsafe and may amount to the error of quietism; the inspirations of ~grace duly known for. authentic (by the discernment of spirits) may be followed, not how-ever against obedience or clearly known duty; the use-of method, generally speaking, is beneficial, because it is" nothing else" than profit-ing by the experience and wisdom of other people and using the r~eans for the end; methods may and do vary greatly, and freedom must be left in using them, the main point being that one has some method which proves workable; exaggerations however are not ex-cluded, one of which may be undue self-reliance shown in. excessive trust in the efficacy of or~e's method. Such being the case, it may be'well for us religious now and. then to see in which direction the general trend of our spiritual life in- 248 Septemb~er, 1956 ON METHOD IN ,THE SPIRITUAL LIFE clines: are we inclined either to overstress method or to neglect it? The danger of neglect may be the more frequent, because of the ef-fort and monotony involved in methodical action, both of which, may look uninteresting and unappealing. Yet, the other extreme of a too-mechanical fidel~ty is not excluded, nor is it without a danger of turning prayer or virtue into a more or' less fruitless for-mality. IGNATIAN METHOD One of the well-known and much,spread methods in the spiritual life is that of St. Ignatius of Loyola. Perhaps it has been no less maligned than praised. What exactly does Ignatian method consist in? We may characterize it briefly in a feW words: Have an objective in view and take the means to achieve it. Or, more briefly, know what you are after and go for it. What do these two principles mean in practice? How do they respect the initiative that must be left to grace? It is worthwhile to ponder a moment over this simple method~ and see how it enhances rather than hinders the initiative of grace. FIRST PRINCIPLE Its first principle, have a purpose in view, is of the utmost im-portance in spirituality, as in every other field of human activity. In fact, many people oftentimes do not know~ what they are after what they do, say, desire. They do what they do because they have to, or because they feel like doing it, or because they must do something to spend their time and for no reason known to then~ they happened to hit on this particular occupation. Such a manner of living may be little respectful of a man's rational nature; it cer-tainly is not Ignatian at all. St. Ignatius means us to know and to desire .what we intend in prayer or mortification-~or for that mat-ter, in study or manual labor or recreation or social relations. And he wants us to be very definite about our objective. For meditation, he not only begins the exercise with a preparatory prayer in which we ask that our entire activity.during our prayer be directed to God's glory and service; in a, second (or third) preclude he makes us ask for "what we desire," his famous id quod volo, that is, for the par-ticular grace and spiritual fruit which is suggested by and. in con-formity with the subject matter of the meditation. Definiteness of ai~n in prayer is a first Ignatian principle. Does it gb against" the initiative that belongs to grace? On the face of it, it may look as though we ourselves settle beforehand what spiritual fruit or grace we are after; is that not to take the lead and 249 P. DE LETTER Reoieto for Religious to put limits and rules to the activity 6f the Holy Spirit? Is that not a sort of Semi-Pelagianism? The question has more than once been mode :into an accusation, partly perhaps when some hasty or unsym-pathetic reader overlooked what precedes the id quod uolo, namely, to.ask for what I desire. We may point to a threefold answer to this difficulty. First of all, we are directed to ask for the grace we desire; and we may safely take it that this desire and prayer itself is already prompted by grace--is not every salutary act which helps us spiritually to draw nearer to God, and prayer is such an act, a fruit of ~the inspiration of grace? This prayer, moreover, is as it were open to correction; it is' up to God's grace to answer our desire --it is not our effort alone that will carry or enforce it--and to an-swer it in the manner He pleases and knows best. Secondly, the very specification or determination of the grace we ask for is, in principle and generally also in fact, not the result of personal whim or fancy (barring perhaps the exceptional cases of impulsive and weather-cock- like characters who lack or neglect due preparation and fore-' sight) ; it is either provided by external providential indications, as is the case in retreat time or when we use a meditation manual, whether prescribed or advised by a director or even chosen on our own motivated decision, or suggested" by internal inspiration. Of grace. In all these cases, this prayer for a particular grace is but an answer to the initiative of grace. Lastly, this initial desire which to a varying extent inspires the very manner in which we apply our-selves to our prayer does not preclude any new promptings of grace that may and often do arise in the course of the exercise. The above-mentioned Ignatian rule about freedom in stopping at what satisfies the soul clearly entails this. Moreover~ the ~d quod ~olo is often of such a comprehensive nature that it leaves ample and free play to. the manifold and varying inspirations of grace. An example is the prayer made at the beginning of most meditations on the life of our Lord: that we may know Him better, love Him more ardently, and follow Him more closely. This is an ide~il which each particular soul will realize in his or her own p~irticular way--and there are as many various ways nearly as there are particular individuals ~and particular vocations. Futhermor.e, tfiis definiteness in asking for a particular grace is mainly a matter of psychological preparation and should not be misunderstood in the sense of dictating to grace. As in any other human uladertaking, so also in prayer; definiteness of aim makes for definiteness in efforts; and this guarantees definite results, just as vagueness of aim leads to vague and weak efforts~ 250 - September, 1956 ON METHOD IN THE SPIRITUAL LIFE and vague and poor results., Accordingly, it is safe tO say that Ig-natian definiteness of aim in our prayer does not clash with the initiative due to grace, provided 0nly we handle our method with a pure intention and with the necessary freedom of spirit. This free-dom is perhaps less fo be attended to in the beginnings of a life of ¯ prayer or of religious training; beginners generally do well to follow directives closely. But after years of practice, experience should teach one what this freedom means, and how it opposes in no way thorough generosity. So much for the first: principle in the Ignatian method~. SECOND PRINCIPLE The second principle; take the means to the purpose you are after, implies mainly two things. It first means to say that we should make the necessary effort. We should not expect results without taking the means that must produce them. Perhaps it is very l'Juman (or must we say childish?) to rely on ,good luck whilst, neglecting what one should do, to hope: and expect that' things will turn out for the b~st somehow. Children in fact more or less expect"miracles to happen. But is tha.t reasonable and safe? Is it not overlooking one of the very first principles of reason: that every effect demands a sufficient and proportionate cause? Which means, in this case, that spiritual results suppose ~not only grace but also our cooperation. It is rather risky to count on a ~ause that may Well never act; in this particula'r case, to rely on abundant grace which would mal~e up for our lack of. diligence; all the more so, since this very unprepared-hess for cooperation with grace is likely, to preclude that grace--God does not dispense His graces in sheer waste. A.second thing implied in this principle, is that we should make a tolanned effort: go about our business, whether of prayer or of any other virtuous practice~ in an orderly manner and not haphaz'ardly: not in an unenlightened way, groping as it were in the dark; not according to an unmotivated manner of proceeding or according to whim and fancy of the moment. This supp,oses first that we know the means for our purpose as they are laid down in directives and rules or borne out by the experience of others or even' learned and confirmed by personal experience. We must know the rules of the game if we are to play properly. It means therefore that it is not enough, however important it may be in itself, to overcqme inertia and set oneself to one's, task, making the needed exertion. We must apply ourselves in a clear-sighted manner, knowing what we are doing and why. It further means that we follow the known direc- 251 P. DE LETTER rives with perseverance. It has been said that "with many, courage gives way when they are half way of the effort; some are afraid of trying, others are afraid of succeeding"; in fact "things are worth what they cost" (Fat, her de Ponlevoye). Yet this perseverance should not be marred by shortsighted stubbornness.We must never forget in practice the necessary freedom of spirit in following methodidal rules; rather we must be ever ready to obey the inspiration of grace, to learn from circumstances and from experience, with humility and, docility, with sincerity and honesty with ourselves. It ma~ not al-ways be easy in practice to find the proper balance bet,ween perseverant fidelity to rules and freedom of spirit or docility to the Spirit. Only the interior Guidi~ can teach it in practice, and He certainly will if we do not lack sincerity and generosity. When this necessary freedom of spirit is safeguarded, there is no fear that metbodital application to prayer or practice of virtue, according to rules and planned action, will make one too mechanical or kill the spontaneity of life needed also in the spiritual life. Method makes for orderly activity; it excl'udes a happy-go-lucky manner which actually is more a lack of readiness to cooperate with grace than the contrary. Method does not kill spontaneity; it directs it, if only one uses it properly, that is, with t?reedom of spirit and sincerity. Nor does it then in any way hinder the initiative of grace which must be respected also in the course of our prayer or practice of virtue. It is part of the method ever to be docile to what grace may show or demand. And so, if tile use of metho~d in the spiritual life is rightly un-derstood and put into practice, that is, as the very expression of our desire to answer the call of grace, then certainly it will never stand in the way of grace. It will guarantee our cooperation with God's grace and leave no excuse for inertia or lazine.ss. Grace do.es not dis-pense with our effort, it renders our effort possible and fruitful. " 252 NEW BUSINESS ADDRESS Please send all renewals and new subscriptions to: REVIEW FOR RELIGIOUS 3115 South Grand Boulevard St. L~uis 18, Missouri Sisters' Re!:rea!:s--V Thomas Dubay, S.M. CHARACTERISTICS OF THE RETREAT MASTER ]F it is possible to assay the general mind of the sisters as expressed in their thousands of answers and observations given in this re-treat study, the present writer would be inclined to point out the subject matter of this article, the retreat master himself, as consti-tuting what they consider the single, most-imporant element covered in the survey. The sisters often cast this general impression into a concrete mold. Observed one sister: There is one order whose technique I prefer over the others and one whose method I like least. Yet the best retreat master I ever had was from the latter! The man makes the 'retreat master, not the method! Time and time again the sisters retur~ in their comments to the retreat master, his message, his methodology, and especially his qual-ities or lack of them. And yet we frankly grant that we approach this most difficult of the subjects treated in the survey with consider-able diffidence. It is difficult because it deals with persons, not mere things, But there is nothing like the truth, anO so we will plunge in. QUALITIES In order to ascertain what qualities the sisters especially looked for in their retreat masters, the following question was placed before 'them : Among the following characteristics of ~a retreat master would you put the number 1 before the one you appreciate most, a 2 before the next in order, etc. to the last: __experience ._._~sense of humor genuine sanctity __theological learning ~kind manner ~practicality Further comment: (spice provided) Unlike their modus aqendi in the other survey questions, the sisters did not here mention man.y new qualities in the blank spaces. Simplicity, humility, and interest in work were noted twice, while the following qualities were mentioned once each: clarity, sweetness and patience, sincerity, .understanding of women, average speaking ability, and intelligence. In order to differentiate as finely as possible the varying degrees of importance, which were attached to the qualities contained, in 253 THOMAS DUBAY . Reuiew for Religious the questionnaire, three points were given to th'e quality eachsister first selected, tWO points to the second, and one point to the third. In parentheses are indicated the number of times each characteristic w'as given first choice. Genuine sanctity . 1481 (414) Practicality . 786 (100) Experience 693 (71) Theological.learning .496 (63) Kindness . 360 (23) Sense of humor . 'i. 225'(10) As can be easily seen, there is really no contest for first 'place. The very fact that gefuine sanctity received more first place votes than all other characteristics put together clearly demo~astrates the fact that sisters want their retreat masters to be men of God before ;Ill else. Practicality is rated as a little more important thar~ experiehce, while knowledge of theology is given the nod over kindness and a sense of humor. The reader may be interested in comparing tile above rating of qualities with the various comments the sisters have made (or will make) in other articles of this series. The correlation 'is significantly high, We are thus rendered all the more certain that our survey has accurately captured their collective mind. We will give typical excerpts of the sisters' further comments according to tee alphabetical order in which the qualities .were listed on the survey form. Experience-- [I select experience] because if he has survived in this type of work, he should be" good.' Father, this is a hard one. They should all be first. A retreat master need not have years of experience in order to conduct a successful retreat: Sometimes those with most experience can be very dry and not at all practical. By ekperience I would understand his dealing with people, not the number of retreats he has conducted. I take by experience You mean with souls and religious life. I also appreciate it when he. makes [sic] a spade a spade and leaves nff loop holes for if's or ,but's. Genuine sanctity-- It has been my conclusion that the best thing any retreat master has to give is his own personal example. The convictions with which he approaches his own spir-itual life necessarily,shdw through his efforts to instruct-.others and in this lies his greatest appeal at least for me. 254. September, 1956 SISTERS' RETREATS--V The personal holiness of the retreat master is by far the most impoltant characteristic. "We thunder what we are" and I think this is particularly true of retreat masters. A priest who says Mass slovenly, and has a worldly manner, etc., can hardly expect his hearers to be "refOrmed" or uplifted in spirit regardless of how perfect his con-ferences may be. A genuine saint might be a very poor retreat master, if he is unable to express himself effectively~ and lacks the theological learning necessary to instruct and guide others to sanctity. Experience and practicality should help a retreat master in making the best use of the short time ;it his disposal to cover the necessary points. Sanctity is most important, however, because without it, the insincerity" would be obvious and detract from the effectiveness of'tl~e speaker. Of all the retreats I have made, three are outstanding and have affected my spiritual life most, as far as I can judge. In each case it was the personal sanctity .of the retreat master that gave these retreats their form and impetus. . A doer of the wo~d as well as preacher carries more weight than any other quality [ know. Sometimes the good effects are lessened by a discovery" that Father preaches but does not live what he advises. The tirlge of pharisaism is usually detrimental. A genuine saintly retreat master by his very presence is a light to the beholder: his example gives inspiration, and a desire to be like him and draws or attracts the at-tention of the listener. His teaching is naturally as be lives: therefore very ac- Ic elpiktaeb tloe fbeye al ltlh oart mthoes tr eotfr ethaetsm m.aster is really doing what he is asking us to do. Sanctity radiates a something that neither intelligence or humor can replace. I've made retreats given by saintly men after which I was ready to sign up with a Foreign Legion or for China if I were asked to .do sd. If a man is genuinely holy, the rest doesn't matter. If God has thrown in a sense of humor, the man's mighty lucky'. Father, many sisters lead deeply spiritual lives and we are not so interested in your learning as such, as we are in knowing that you firmly live and believe your doc-trine. We want you learned but in the end it is your own spiritual life that tells. Many retreat masters fail to stress holiness as intimate union with God. We thirst for the fountains of living water. We want solid doctrine. We want you to fire us' with enthusiasm. We are not bored or critical when you speak. We are intent upon gaining a spiritual lift. Don't apologize for repeating the same material. We are not looking for novelty. If we knew you prayed out all your meditations be-fore Christ in the Blessed Sacrament, we would have great faith in your spoken words. I have watched 4.8 retreat masters come and go, and observed the sisters,, making retreats, heard their reactions, attended conferences when possible and there is one answer: personal sanctity. Kind manner-- One who is kind and understanding in confession--and who asks. if there is any-' thing else on your mind. Sometimes tha't last question is just what one needs! I think if a retreat master has real genuine sanctity and a kind manner, whatever else is lacking God will supply the rest. Please don't close the slide or glee absolution before sister has told her story and received some satisfaction. I am not referring to a scrupulous soul. 255 THOMAS DUBAY "Reoieto for Religio~ PracticalitF-- I like a retreat master who can "talk" to us and be practical in the applications he makes. A clear cut set of ideas is what I always hope to find in a retreat. A retreat master who sets down principles to live our daily lives by and who makes us toe the mark and set out with new determination to seek perfection with God's help d~es a greatest ot: services. Some seem to avoid the practical problems of religious life. They don't get down to the core of the matter, even in discussing the vows. Make them practical! Not the extraordinary, once in a lifetime act of obedience, but the everyday type, the everyday needs of each vow. Occasions of sin, etc. Most Of us cduld actually write a volume on the theory of sanctity. It has been well explained, but maybe we could have more practical hints to help us practice what we .know. Sense of humor-- A good sense of humor in a retreat master makes for a good retreat. The dry kind never appeal to me. A retreat to me, is a joy, not a dry thing'. A sense of humor is O.K., especially on a very hot day to keep you awake, but Sacred Scripture should not be used to make fun. By sense of humor I understand having a proper evaluation of things, ability to see,and enjoy a joke~not necessarily "full of jokes." Theological learning-- The choice of I and 2 is a difficult one for the "Spirit breatheth where He wills." However, in the analysis of problems, judicious decisions to be made. delicate situ-ations to handle and the like the educated theologian has much to offer. A certain confidence is generated. God can ~use a stick to work wonders. I think all of these necessarily link together because theological learning could not be passed over to some of us without sanctity, experience, practicality, and a sense of humor. We can really presume en~ough theological learning in any religious set aside to give retreats to nuns. A real absence of theological learning would be worse than an absence of sanctity--but a lot of learning carries small weight with nuns with-out genuine holiness behind it. In the last analysis it is only holiness as concretized in another person which can inspire. But sanctity lending weight to incomplete or misapplied doctrine can do harm. General comments-- This is difficult to answer because he needs them a11, at least in some degree~ Nuns like humility in a retreat master, but not a "scared" attitude or one of"'you-know- it-all-already--what can I tell you" attitude~ We do not know very much. He should sound convinced. A sister can tell whether a retreat master is giving.a retreat merely because of duty or whether he honestly loves the sisters and wants to help them advance along 256 September, 1956 SISTERS~ RETREATS--V the road to perfection, understanding their problems no matter how small they may be. Fatherly is the characteristic I like best of all. One to whom you can speak with ease, knowing and realizing that he has your interest (souls) at heart. Very difficult to decide--would like to have all in one. , One final word on the qualities of the retreat master. As has been indicated in a p~evious article, sisters, teaching in college lay a heavier emphasis as a gioup on their need for theglogy. The' writer noted the same stress here on the importance of theological learning in the retreat master. Among the var, ious qualities of the retreat master, a knowledge of theology is the only one that received an emphasis that was noticeably different according to the work in which' the sisters en, gag~d, DEFECTS Often enough pointing out deficiencies is little short of,.unpleas-ant, and it so happens that our present task is decidedly such. How-ever, St. Thomas speaks of fraternal correction as a spiritual alms, an act of charity. For that reason and because the sisters so intended their observations in a lovely spi'rit of combined kindness and frank-ness, we move with less hesitation to the business at hand. The question dealing with defects was worded as follows: What characteristic do you dislike most in a retreat master? Please place hum- . bet 1 before the one you dislike most, etc. Further comment : t No suggested defects were offered to the sisters. The writer feels that more objectivity was thus secured for the reason that a defect would have to make a considerable impression on a sister if she was to be able to recall it unaided. It would have had to be real. This "no suggestion" technique gave rise on the other hand to a ~wide'variety of noted failings. These we have tried to reduce to common categories as far as possible, but accuracy forbade too drastic a reduction. Hence, the sizeable list below. After each obs.erved defect, is given the number of tirffes it was mentioned. The figure in parentheses indicates the number of times the failing was listed as "disliked most." Statements under each heading are characteristic ways in which the sisters styled the defect. Reading conferences an~t meditation expos~.s . 176 (83) 257 THOMAS DUBAY Review for Religious Reading the retreat--slave to notes--reading entire conference--r~ading notes in-stead of talking. Lack of interest . 93 (28) Sense of boredom (I'm here because of obedience)-~cold, factual 16resentation-- "job attitude"-~a no interest attitude-~-doing something assigned and no mor~-- listless, sleepy, dull. , Conceit . 81 (35) Desire to make an impression~know-it-all attitude--attracts to himself--better-than- thou attitude-~c0cksureness--aloofness---ccnstant reference to himself-~go-tism. Verbosity . 71 (15) Long and rambling--talks and talks and says nothing--nev.er getting to the point-- endless repetition --- d0esn't keep to the schedule--long windedness. Sarcasm, ridicule .¯ . 68 (31) Making fun of problems of sisters of other communities--rididule of superiors-- sarcastic manner--sarcastic approach. ,Joking manner . . 59 (19) Too many jokes--keeps retreatants in an'uproar-~clowning~trying to be funny --a joker. Impracticality . 57 (12) Examples that don't fit o~ur work-~-prlnciples without examples---out-dated. Severity . : . 56 (13) Hell fire and brimstone gloomy--fills with fear rather than love--harsh---blunt expres,sions--six days of scolding. Confessional defects . 50 (9) Impatient.-not available--fast--harsh-~curt--not helpful~talks too loud--no in-terest in the Confessional--indifference to problems. Delivery defects . 47 (11) Talks too fast--inaudible--shouting, ranting-r--muttering, indistinct too slow in .speech--hilting, hesitating---cannot heat him. Superficiality ' .42 (5) La~k of material to communicate--superficial flippancy--shallow--greats retreat lightly--too many ideas .at one time--lightnes~ of treatment--banality lack of theological basis--ignorance theologically unsound. Emotionalism and dramatic manner . . 40 (8) Oratorical---excessive emotion--flowery langfiage--sentimentalism in choic~ of poems, prayers, etc.--too many gestures--unnecessary play on words. Lack of preparation . .,. . . 40 (15) Unpreparedness---lack of organization--lack of immediate preparation. 258 September, 1956 SISTERS' RETREATS--V Excessive intellectuality .". . . 39 (15) Subjects too deep--explainer of theology too philosophical--theological learning' --bookish conferences--high sounding explanations~ Critical spirit in general .3.4. .(10) Chip on the shoulder---critical spirit--pet grievances---critical toward his own corn: re.unity or supenors-~constant scolding-~criticism of sisters studying for degrees--, Cynical" spirit. Lack of sense of humor .: . . . 34 (10) Too serious--gloomy--never a sense of humor. Critical spir'it toward sisters .3.1. (6) Belit'tling nuns--atti.tude that religious are frustrated-~-' unfriendly toward our com-munity-~ critical toward sisters--lack of respect for religious women--making fun of nuns-~critical of our rule, constitutions, and customs--says he dislikes giving retreats to sisters. Worldliness .~. . .~ . 29 (7) Lack of spiritual depth--too l~lasi--play boy type~lacks ho!iness-~easy going-- selfish. Narration of personal experie,nces . 26 (8) Too much personal reference--talking about what they have done-~-~introducing himself and his beloved relatives --- details of family history. Lack of kindness .,. .25 (5) o Harsh, unkind, especially in the confessional--unapproachable--unsympathetic. - Condescension toward sisters . 21 (4) Acting as though we can't understand him--talking down to women-~condescend-ing toward nuns-~belittles the intelligence of nuns and hence waters, down doctrine --treats sisters as beginners in the spiritual life, ' Negative approach .1.5. (4) Too much sin, no love--stressing the negative--emphasis on God's justice. Lack of understanding .1.4. (1) Doesn't understand human nature--lack of understanding of nuns and their problems. In or, der neither to prolong our list beyond due m~asure nor to deny the sisters' views full recognition, we will treat the remaining de-fects in paragraph form and indicate only the total number of times each failing was mentioned. Defects in examples (lack .of, exag-gerated, too many), 14; narrating faults~and scandalous stories re- ~arding other religious, 12; mannerisms and idiosyncrasies, 12; brev-ity, 12;language defects (crude, coarse, slang, grammatical errors), 11 ; nervous and timid ' (restless, fidgeting), 11 : not looking :at audience, 10; inexperience, 8; apodictic, 8; insincerity (affected sanc- 2:59 THOMAS DUBAY ~ Review /or Religious tity, not practicing what he preaches), 8; lack of originality (espe-cially in illustrations and expressions), 8; too familiar, 8; watering down spiritual life, 7; slovenly at Mass, 6; no theme in the retreat, 5; late for. conferences, 5; too eager to please, 4. Subjects receiving three mentions were vagueness, rigid retreat routine, self-depreciation, effeminacy, and excessi;ce praise of sisters. Those noted twice were curiosity and p~ying, stress on unimportan.t matters, loud speaking in the convent, neglectof the liturgy; and provincialism. A few of the many items mentioned by only one sister were immaturity, use of cliches, preoccupation with a favorite subject, lack of refinement, joking about sacred things, and use of pietistic expressions. We must not fail to note that 208 sisters chose not to answer this question. While we cannot be sure just what their reasons may have been, it seems likely that some sisters simply could not recall any outstanding defects. Others may have thought it unkind or unappreciative to record defects of their retreat masters. These latter we may admire even though we, do not agree with them. Whatever the reasons may be, more sisters abstained from replying to this question than abstained from any other. In other questions thus far treated in this series of "articles, .we have given representative excerpts from the sisters' further comments, but for the present question any attempt to be really representative would far exceed the bounds of one article. We will, therefore, limit ourselves to excerpts characteristic of some of the more-frequently mentioned defects. Reading notes-- [ also do not like for the retreat master to read his conferences. He may wish to refer to notes,, but he should have his material so well at his finger tips that he cari deliver it without reading. Some are far from interesting. It is a real penance to sit through six days of listening and straining while someone drones away from some notebook. The only real dislike is toward the retreat master who rea,ds all his talks. I don't say he can't have notes, etc., but the reading of entire lectures and meditations has simply no effect. I'd rather ten minutes of a straight talk. Lack' of interest-- The worst fault is perhaps an attitude of mere tolerance of this job of giving nuns a retreat. The sooner it's over the better! Sisters look forward to their annual retreat with eager anticipation for months, and most of them really do want to progress in the spiritual life. It is a big dis-appointment when they have to listen to a retreat master who apparently does not care for this type of work. 260 September, 1956 SISTERS" RETREATS--V Conceit-- One who calls attention to himself --- the 'T'--more than necessary in conferences. Shows off his intelligence and forgets retreatants also have some. Sarcasm-- Sarcasm and ridicule of women in general and of riuns in particular. Critical negativism-- If there is any observation I should like to make it is this: whatever you can do to dissuade retreat masters for sisters from flavoring their conferences, meditations, and talks with stories exemplifying the ¢ricities and quirks of sisters--usually these apply to only a relatively few--please do . There is nothing so devas-tating and So harmful, it seems to me, than just, that t~;pe of story. If our youth-~ ful entrants grow cynical, distrustful, perhaps even weak in their vocation, may it not be because of the unwise, imprudent choice of illustrations chosen by retreat masters? True, there are odd sisters, but for every odd one, there are at last eight or more sensible, normal ones. Why select the queer and rarely allude to the truly noble and fine in every sense' of the words? Young people are shocked, and rightly so, at the strange things they sometimes hear. "It may~ be that retreat masters wish to be entertaining, amusing. But at what a cost! Ours is an age in which reverence is fast wanifig. Couldn't it help to a restoration' if retreat masters were occasionally more reverent? Tendency to overemphasize the fact that disagreements and petty jealousies do occur in religious life. We know they do, but there are plenty of sisters who are outstand-ing examples of beautiful si?terly charity as well as communities ,where the spirit of charity is outstanding. Joking manner-- What the sisters need is practical help toward sanctity . . : , but too often the" maste? uses the shell of the pulpit to reflect Father Retreat Master instead of the will of God to his listeners. This is especially true of the "joker" who uses the time for his stories and leaves the sisters with nothing to take with them except mem-ories of his cleverness. Severity.--- Pounding, scolding, and "yelling," though I don~t mind being told the truth,--- but not so loud! Lacl~ of understanding~ Sometimes the retreat master forgets that the sisters have more to do than just say their prayers. He should look into the entire picture and help both'subject and superior. Some retreats the subject gets all the corrections, and then sometimes the superior is all to blame. Why not lead all to God by charity, patience, and a. kind understanding of our difficulties? I think community life is a far happier and "homey-er" state than some retreat masters imply. After 29 years of it, under 16 different superiors, I can say I've never lived in a house where happiness and virtue didn't far outweigh human failings and "blue Mondays."--(I'm a realist, not an optimist!) 261 THOMAS DUBAY We now have the happier task of noting a few of the unsolicited compliments rciany of the sisters paid their retreat masters. To neg-lect these and dwell on defects alone would be to give the reader a badly distorted' picture of the whole situation. As is usu~ally the case in human affairs, all is neither black nor white. Among the favorable observations made, the following are characteristic. Most retreat masters are sincere, earnest, and holy. We can make allowances for lack of absolute perfection. If a retreat master is sincere and works hard I¯can't dislike much in him. I have had none whose characteristics made me.lose the value of retreats. I never really thought about this [defects], for I can truthfully say and I thank God for it, I enjoyed every one of my retreats. I learned something every time, betause I was looking for something. I have never had a dislike for a retreat master. I see in him God's messenger for my soul, who will only do his best to bring me nearer to God. I have observed no serious undesira~01e characteristics. Actually I have liked every retreat and every retreat master in my twenty years in religion. These very minor dislikes are:mentioned only to indicate how trivial are the things we let get between us and the message of the retreat. Heavens! I don't know--I've never stopped to think. I always figure the poor man is doing a job that's hard enough without our being critical; He's out to help us and we ought to help him to help us. I'm told, '~It's easier to criticize a retreat master than to be one." Most retreat masters have the necessary characteristics requisite for such important work--God bless them! And we might add: God bless these'sisters! both those who in fraternal charity pointed out defects and those who in the same charity saw none to, point out. OUR CONTRIBUTORS JOSEPH F. GALLEN is professor ~f canon law at Woodstock College, Wood-stock,, Maryland. SISTER M.TERESITA is stationed at the Holy Family. Motherhouse, 890 Hayes Street, San Francisco, California. P. DE LETTER is a member of the faculty of St: Mary's Theological College, Kurseong N. E. Ry., India. THOMAS DUBAY teaches philosophy at the Notre Dame Seminary, 290l S. Carrolhon Ave., New Orleans, Louisiana. 262 ( ues .ions and Answers [The following answers are given" by Father Joseph F. ~allen, S.J., professor of canon law at Woodstock College. Woodstock, Maryland.] I am guiding a young man who is entering our own institute. He casu-ally remarked to me that his family wanted him to sign over his mor3ey to his brothers and sisters before entrafice. By careful questioning I learr~ed that his money amounted to several thousand dollars. Should he sign over th~s money to others before his entrance? A renunciation'is the giving away, the gratuitous, abdication of the ownership of property. An obligation is any act by which own-ership is lessened, rendered less secure, or impeded, e. g., putting up property as security for the debts of others. Can. 568 renders both illicit and invalid any renunciation or obligatmn placed on the prin-cipal of his property by a novice. The canon applies only to the noviceship, but it" is contrary to the spirit of this same law for a renunciation or obligation to be placed on the property of a candi- .date during the postulancy or before entrance becafise of the inten-tion of entering religion. The purpose of c. 568 is to protect the novice's right to. leave religion and to prevent him being, deterred from doing so because he had given away his property. This reason applies equally to the time before the noviceship. Therefore, postu-lants and candidates should in practically every case be dissuaded from any renunciation or obligation. 'The professed of simple vows may give away the income on his property even after first profession. He c6uld later ask the Holy See for permission th give away all or part of the principal of his property, if there should be real need of this; and the solemnly professed will have to give away all his prop-erty at the renunciation effective at solemn profession. Relatives are not often selfless in a case of thi~ nature. It is also at least becoming for those in or approaching the state of perfection, if they are to give away any property, to follow the counsel of perfection, which is not to give to relatives but to give to the poor. A postulant was in danger of death. Could he have been admitted to the profession that is ~ermiffed to novices in danger of death.'? A plenary indulgence in the form of a jubilee is attached to the profession permitted to novices, and this profession also requires ad-mission by a higher superior, the superior of the novitiate house, or the delegate of either. This profession is restricted to novices and" 263 QUESTIONS AND ANSWERS Revidw [or Religious may not be granted to a postulant. However, canon law does not forbid professed religious, novices, and postulants to make private vows (c. 1307, §' 2). Such vows are most rgrely advisable for them, and should never be made without consulting a confessor who is prudent and sufficiently conversant with the habitual state of soul of. the subject. There would rarely be any reason for opposing a private vow by a postulant in danger of death. Therefore, the postu-lant in danger of death can be instructed that he may, make the vows of the institute completely of his own volition. There is no ad-mission in this case on the part of superiors, and the indulgence is not attached to this profession. The essential effect of the profession granted to novices is .attained, i. e., the greater oblation of oneself to God and the co.nsolation of the postulant. In this case also, the or-dinary formula of profession of the institute "is to be used but with-out any determination of time. The implicit duration of the vows is until the postulant zecovers his health. If he does, the vows cease; and he is in exactly the same state as if he had taken no vows what-soever. Cf. Wernz-Vidal, III,.De Reli~liosis, 258-59, note 71. m32-- Is it canon law or merely our own constitutions that forbid the assign-ment of any but exempla, r¥ religious to the novitiate house? Is it always possible to observe this prohibition? Can. 554, § 3, commands higher superiors to assign only ex-emplary religious to novitiate houses. The evident reason is the in-fluence that the lives of the professed.can exert on the novices. The sense of this law is that religious who are not exemplar.y must not be assigned for habitual residence to the house in which the novitiate is located. The code presumes that ,only the master and his assist-ants will reside in the novitiate itself. In clerical institutes the same prescription of the code extends t6 houses of study. Lay i~astitutes should be directed by the same principle with regard to the houses where the professed of temporary vows reside during studies. Every effort is to be made to observe this law, of the code, but it is quite often impossible in practice to send a refractory religi0us to any house except the novitiate house. The religious' at times has to be removed from contact with externs, and even more frequently he or she simply has to be sent to a very large community. Religious of this type can make life impossible for a smaller community. In cases ¯ of this nature, superiors are to strive tO observe the purpose of the law by preventing such religious from having a harmful influence. on the novices. ' 264 September, 1956 QUESTIONS AND ANSWERS 33 ¯ Must the nov;t;ate be located at the residence of the superior general or prov~ncla~? Neither canon law nor the practice of the Holy See in approv-ing constitutions demands that the novitiate be located at the resi-dence of the superior general or provincial. Article 88 of the Normae of 1901 contained the self-evident prescription that the novitiate wasoto be located at the place most suitable for the formation of the novices. The supervision of the higher superior can be more readily exercised when he resides at the novitiate, but the same purpose can and should be attained by more frequ.ent visits to the novitiate. --34--- Must we admit to the novlceship one who has been approved in the canonical examination of the local ordlnary~ and ~s it of" obligation that this examlnafi6n be made outside the clolster7 The canonical examination prescribed for institutes of women by can. 552 .is not admission to the noviceship or first temporary or perpetual~profession but a prerequisite for a licit admission. There-fore, a subject, who has been approved in this examination may be dismissed, excluded from further professions, or have her time of postulancy, noviceship, or temporary vows prolonged by the com-petent higher superior: The examination is to take place outside the cloister of both orders and congregations, but .any just or reason-able cause (c. 604, § 1) will suffice for holding the ~examination within the common cloister of congregations, i. e., institutes of simple vows." What is to be done ff in giving Holy Communion at the grille a Host hlls within the papal cloister of nuns? A priest may enter the cloister to pick up the Host, or a nun may pick up the Host with the paten, a clean piece of paper, or'her fingers And either consume it, if she has not already co'mmunicated, or give it to the priest. The place where the Host had fallen is after-wards to be washed by a nun, and the water is to be thrown into the sacrarium. Cf. Fanfani, De Religiosis, 460; J. O'Connell, The . Celebration of Mass, 242; De Amicis, Caerernoniale Parochorum, 181; De Herdt, Sacrae Liturgiae Praxis, II, n. 188. --36-- I asked a priest to say a votive Mass of the Annunciation of the Bless- 265 QUESTIONS AND ANSWERS Review for' Religious ed Virgln Mary. He told me he was not allowed to do so. What is the reason for this? Only the Masses for which permission is expressly given may be said as votive Masses of the Divine Persons, the Blessed Virgin, and the angels. This permission is verified when the Mass 'is listed as a votive Mass in the missal ~r when directions are given in the. Mass, usually after thi~ gradual, for saying it as a votive Mass. The votive Masses of the Blessed Mother universally permitted., are the five Masses of Our Lady for Saturdays according to the season, Immacu-late Conception, Seven Dolors, and Immaculate Heart. All the Masses of the Blessed Virgin in the Masses for Certain. Places may be used as votive Masses, except that of the Expectation of the Birth of Our Lord (December 18), but only in places where the festal Mass is permitted. Particular dioceses or religious institutes can also have indults to say some other Masses of the Blessed Virgin as votive Masses. A votive Mass may be said-in honor of any canon-ized saint whose name is inscribed in the Roman Martyrology, in its~approved supplements, or in tlhe calendar approved by the Holy See for any diocese, religious order, or congregation. Votive Masses may also be said for the various necessities contained in the second series of votive Masses of the missal. Cf. 3.O'Connell, "T'he Cele-bration of Mass, 68-73. --37m What is thb meaning of lay brother and la~/sister? When found, different classes of religious in the same instittite are commonly those of clerical religious and lay brothers, teaching brothers and lay brothers, choir nuns or sis~'ers and lay sisters. Lay brothers and lay sisters are sometimes called coadjutor, coadjutrix, auxiliary, and converse religious. The Latin n.ame for their class is conversi(ae). A lay brother or sister is not simply a. lay religious. All religious wo'men are lay religious, Since a lay religious is one not destined for, the priesthood. Lay brothers can be had in ~i male in-stitute in which all, the members are lay religious, e. g., in a congre-gation of teaching brothers, The class of lay brother and lay sister is distinguished ,by the following notes. There are two juridical classe's of members of distinct rights 'and obligations in the institute. The lay brother or sister is destined for domestic, manual, and tem-poral la.bors, while to the other class appertain the priestly ministry, teaching, nursing, and the formation of postulants, novices, and prbfessed. The lay brothers and sisters have no part in the govern-ment of the institute, which is reserved to the other class. Therefore, 266 September, 1956 QUESTIONS AND ANSWERS they cannot be voted for or appointed to any office; nor do they have a vote in any chaptbr, general, provincial, or local. In virtue of c. 526, lay sisters have a vote on prolonging the term of the ordinary confessor; but this is.not a matter of government. ~38~- We prolonged the temporary vows of a junior professed for three more years'. May we admit him to perpetual profession before the ex-plratlon of these three added years? By canon law both the postulancy and the noviceship may be prolonged but not longer than six months. This prolongation ma~ be made even if the duration of,the postulancy and noviceship is longer than the six months and the year prescribed by canon law. Some constitutions restrict prolongation, e. g., by forbidding an tension Of more than three months to a prescribed post~lancy of nine months or to a noviceship of two years. Canon law also per-mits a prolongation of temporary vows for' three years but forbids that the whole time of- any case of temporary profession, without an indu.lt from the Holy See, be more than six years. If an institute has five years of temporary vows, they are prol6ngable-only for a year; if six, they may be prolonged only by an indult from the Holy See. Prolongation of any of these probationary states is to be avoided as far as possible by a system of reports to the highe[ superior and the prompt instruction, counseling, and admonishing of the unsatis-factory subject. Prolongation is rarely found to be a satisfactory expedient except in a case such as that of health. A prolongation of any of these probationary states does not have to be made for the frill time permitted by law. Any of them may be prolonged for days, Weeks, months, and the temporary pro-fession for one or two years. ,Whether the prolongation has been made for the full time allowed or any lesser period, the competent higher superior may admit a subject who has proved himself satis- . factory before the expiration of such a period. --39m What ,is the difference between the canonical impediments that' make a noviceship ,invalid and those that render it merely illicit?. An impediment to the noviceship is a circumstance affecting a per.son that would make his novi'ceship either invalid. (diriment im-pediment) or merely illicit (merely prohibiting impediment). All religious' institutes are' obliged by the impediments of can.~ 542. Some 267 QUESTION~AND ANSWERS Review f~r" Religious institutes have additional impediments of their own constitutions. All laws of the code oblige immediately under sin. Their vio-lation is consequently a sin, at least, objectively. The common ef-fect of law is to produce a moral obligation. A law produces no other effect uialess this is certainly stated in the law. For example, ' some laws enact'a canonical penalty, such as an excommunication against a Catholic who attempts marriage before a non-Catholic minister (c. 2319, § 1, 1"). In the present inatter, a law produces only the common effect of a moral obligation when it is a merely prohibiting impediment. To be also a diriment impediment, the law must state certainly, either explicitly or implicitly, that it is an invalidating law. This i~ done explicitly by the phrases that the person is incapable of making a valid noviceship or ~afinot be validly admitted to the noviceship. Implicitly the same effect would be ex-pressed by stating that the circumstance was a diriment impediment or that no noviceship could exist because of the circumstance or by requiring a circumstance for a noviceship or a novice to exist. Invalidating ecclesiastical laws are-concerned only .with juridical acts. These are acts that effect the acquisition, change,~nd loss of rights and ol~ligafions, such as contracts, marriage, and religious pro-fession. It is impossible to invalidate a simple act of disobedience; but marriage, since it produces the rights and obligations of husband and wife, can be invalidated. Let us suppose that a religious pro-fession is invalidly made. The invalidating law does not and can-not annihilate the physical enyity of the act of l~rofession; nor can it annul the moral entity of the act, i. e., that the act was or was not knowingly and thus sinfully made contrary to law. However; the act of profession would otherwise have produced the rights and ob-ligations of the religious state. The' p.recise effect 0f the invalidating law is tO annul these rights and obligations. The one who made the profession is not a religious and h~i's none of the rights and obliga-tions of a religious. The juridical effect of a valid noviceship is to make the subject capable under this" aspect of a valid religious pro-fession; a diriment impediment not dispensed annuls this capability. Inculpable ignorance excuses from the sin but not from the invali-dating effect of a Violation of such laws. Ignorance would excuse even from the invalidity of a particular law when such a law states that ignorance has this effect (c. 16, § 1). None of the invalidating laws on the religious state admit ignorance as an excuse from the invalidating effect. ¯Religious should faithfully observe all the laws of their institute 268 $eptember, 1956 QUESTIONS AND ANSWERS and especially of the Church, but the invalidating laws are to be even more carefully studied and most strict~ly observed.Very serious consequences can arise from negligence in this matter, since the in-validating laws on the religious state can quite readily cause a chain of invalidity in the institute; For example, an invalid noviceship makes all subsequent professions invalid, and a house not validly designated as a novitiate house renders all noviceships in that house invalid. These possible cases could be multiplied, and all possible cases appear to have been verified in fact. The care for the observance of. invalidating laws on the religious state rarely falls on subjects or local superiors. It.is the master of novices, higher superiors and' their councilors, and the general and provincial secretary who must take care of the observance of such laws. They should know enough canon law to recognize or at least suspect an invalidating law and they must seek competent advice in any doubtful matter. ~0-- Poverty is a constant, iproblem in our institute. The principal difficul-ties are the use of money.wlthout permission, the very frequent request to use all or part of cjiffs, the obtaining of personal necessities, practlca~ly always of better quality, from seculars, and the obtaining of money from seculars for special purposes, which appear very extraordinary to the other religious. The last two are often solicited, directly or indirectly, by the rel[glous. It is hum[llatlng to realize that this is being done, and es-pecially the last two practices cause difficulties, discontent, and 9radua| loss of observance in quite a few other religious. I am sure that, with the possible exceptlbn of rare and accidental cases, local superiors are cjen~ erous. Are there any law~. that we should add to our constitutions to strengthen the observance of poverty? The principles with regard to such practices and even thespecific practices themselves have often been treated in the REVIEW FOR RE-LIGIOUS. It is a delusion to believe that new or added laws neces-sarily effect a renewed spiritual life. Defective laws,should b~ cor-rected; but the laws of the institute in question, as of so many others that are faced by the same problem, are not defective. The precise difficulty of many religious is that they confine their understanding and practice of poverty to the mere obligation of the vow and .of law. Superiors are to insist on the observance of both the vow\ and the laws on poverty; they are to. remember that it is easier to prevent than to eliminate abuses; and by apt ~nstruction and individual guid-ance they are to strive.to rfiake their subjects realize the purpose of poverty, without which poverty in many cases will be a matter of, 269 QUESTIONS AND ANSWERS Reoieu~ for Religious ;'what I~can get away with." The purpose of the religious life is the perfection of divine charity, and the primary purpose of the three vows of religion is to remove the chief obstacles that impede the soul from complete,love of God. The princilSal purpose therefore of tt~e vow of poverty is not mere external observance but a detach-ment from external goods that will lead to an increased love of God. Detachment here is the habitual interior state by which one uses, requests, and desires ma'terial things, not for themselves, but only in-sofar as they are necessary or useful for personal sanctification, prog-ress in that sanctification, and work. Permission is a help to the at-tainment of deta~chment, but no assurance of its acquisition. Per- .mission is highly compatible with attachment to the object permitted. It should be axiomatic that religious pove~rty is efficacious only to the degree that it effects detachment. If a religious iS not striving for detachment, poverty is contributing very little to his religious life. This purpose of povery is not commanded under sin; but a religious is grievously deceived if he does not realize that his sanctification, even after profession, is placed principally in matters of counsel. Religious poverty consequently is real and effective only in the degree that it is increasing love of God, detachment from material' things, and the ~ correlative virtues of trust in divine providence, patience, meekness, humility, and the spirit of mortification. A candidate applied for admission~ who had evidently been conceived before the marr[acje of his parents, but the parents married in the C~hurch before his birth. Is he lecjitlmat~? A legitimate child is one either conceived or born of a valid or a putative marriage (c. 1114). It is therefore not necessary that a Child be both conceived and born of such a ¯marriage, but either con-ception or birth is sufficient. This child was born of a valid mar-riage and is consequently legitimate. ¯ If'will be clearer to put the present question in the form of'a case with fictitious names. Irwin, a Gatholic, attemp÷ed marFiacje with an Episcppalian, before an Episcopalian minister. A daughter, Jane, was born to the couple a year later. The marrlacje was ne~;er ¢onvalidated in the Gathloi¢ Church. 'Irwin has always been certain ofthe invalidity" of his marriacje, but Irma has never had a doub~ about its validity. -Jane has olways been a C~athollc and wishes to enter relicjion. Is she lecjitim~te? 270 " September, 1956 QUESTIONS AND ANSWERS A child is legitimate if conceived or born °either from a valid or from a putative marriage. A putative marriage is an invalid mar-riage, but at the time of the celebration at least one of the parties believed'the marriage valid. It is sufficient that a non-Catholic party be the one in good faith. (Cf. Vlaming-Bender, Praelectiones Iuris Matrimonii, 45-46; Woywood-Smith, A Practical Commentary, I, 646.) This good faith required in at least one of the parties means that such a party at the time of the celebration either had no doubt about the validity; or, if there was such a doubt, it was proportion-ately investigated. If such anlnvestigation was neglected, the party was not in good faith. The marriage remains putative until both parties are certain of its invalidity. A child either conceived or both while the marriage is putative is legitimate and remains so forever, even though later both parties become certain of the invalidity. A putative marriage can occur, when the invalidating .cause is el}her a defect of consent or a diriment impediment not dispensed. On January 26, 1949, the Code Commission gave an au.thentic inter-- pretation, whose sense is that a .marriage attempted completely with-out canonical form cannot be puta, tive if at least one of the parties is held to c~nonical form. Canonical form consists in the presence of a competent priest and at least two witnesses. As a Catholic, Irwin was held to canonical form; and his marriage with'Irma before an Episcopalian minister was attempted completely without ~canoniCal form. Therefore, the marriage cannot be putative; and Jane is iilegitimate. --43m Does the impediment of a religious profession effect one ~vho left after profe~slon and later wishes to be readmiffed to the, same institute? This diriment impediment of can. 542, 1 °, reads: "Those who ~ire or were bound by religious profession." The language of the canon is absolute and i.s to be understood absolutely. The impediment )herefore is verified in those who. are now bound or at any time in the past were bound by valid religious vows, sOlemn or simple, per-~ petual or temporary, iri the same or a different institute, whet,her an order or a pontifical or diocesan congregation. The iNpediment does not affect , those who were merely novices or postulants in any re, ligious institute, nor novices who were admitted to profession in dan-ger of death, nor finally anyone who was a member of a society of common life without public vows or of a secular institute. How-ever, m~iny institutes have a merely, prohibitive impediment of their own constitutions with regard to.those whd were novices or pos~u~- 271 QUESTIONS AND ANSWERS lants in another, religious institute, which some extend also to those who had been nox;ices or postulants in the same religious institute. The impediment is dispensable. Greater care is to be exercised in this case to secure assurance of a religious vocation. The departure from ,,another institute is, generally speaking, a strong argument against the presence of a religious vocation. The petition should give the circumstances and reasons for the departure, i. e., the name of the 6ther institute, of what vows the candidate was professed, how long, and whether the departure was voluntary or by exclusion at the end of temporary vows, by secularization, or dismissal. The reasons for the departure should be given truthfully arid completely. Should novices be separated from the postulants? Canon law does not command the separatioh of the novices and postulants. Constitutions of lay congregations approved by the Holy See after 1901 are based in great part on the Normae of 1901. Article 64 of these Normae prescribed such a separation when this could be conveniently accomplished. Some institutes have such a prescription in their constitutions, due either to the influence of the Nor.maeor to the fact that these institutes believe separation to be more conducive to the religious formation of both novices and postulants. What does canon law command about the place of postulancy? Can. 540, § 1, commands that the postulancy be made in the novitiate ,house or in another house of the institute where the religious discipline prescribed by the constitutions is faithfully observed. The canon does not forbid the distribution of the postulants in many houses of the institute nor the repeated transfer of a postulant from one house to another. Experience, however, 'more than fully dem-onstrates that it is far more preferable for the postulancy to be made , in the novitiate house. It can be taken as a thorotighly sound and general practical principle that the effect o,f separation from the master of novices or postulants is little instruction 6r formation in the religious li~e. A small number of congregations have wisely pre-scrib, ed that the postulants must spend two complete months in the novitiate house before their entrance into the noviceship when the earlier part of the postulancy has been made outside the novitiate house. 272 (Material for this department should ,be sent to: Book Review Editor, REVIEW FOR RELIGIOUS, West Baden College, West Baden Springs~ Indiana.) THE MIND OF THE CHURCH IN THE FORMATION OF SISTERS. Se-lectlbns from Addresses Given durln9 the Six Regional Conferences and the First National Meeting of the Sister Formation Conference, 19S4-19SS. Pp. 282. Fordham University Press, New York. 19S6. $3.00 This book is another milestone in the Sister Formation move, menL The inspiration of the movement was the address of Plus XII at the first International Congress of Teaching Sisters in September, 1951. The Holy Father dxhorted the ~ sisters to make all of their schools excellent, to make sure that the education of sister teach-ers corresponds in quality and academic degrees to that demanded by the state, and to adapt themselves to new conditions. "You," he added, "must serve the cause of Jesus Christ and of His Church as the world t~oday requires." The movement was inf~rmally laurlched at the Kansas City NCEA convention in 1952 when a ggoup of sisters was authorized .to survey the current status of sister education in the United States. ,The findings of the survey underscored three major problems of sister education: (!) the. needed time for sisters to complete a bachelor's degree program and state certification requirements beford entering the classroom, (2) the resources (financial and academic) necessary for this adeq
