A beautifully illustrated examination of the women artists whose inspired search for artistic integrity and equality influenced Expressionist avant-garde cultureWomen Artists in Expressionism explores how women negotiated the competitive world of modern art during the late Wilhelmine and early Weimar periods in Germany. Their stories challenge predominantly male-oriented narratives of Expressionism and shed light on the divergent artistic responses of women to the dramatic events of the early twentieth century.Shulamith Behr shows how the posthumous critical reception of Paula Modersohn-Becker cast her as a prime agent of the feminization of the movement, and how Käthe Kollwitz used printmaking as a vehicle for technical innovation and sociopolitical commentary. She looks at the dynamic relationship between Marianne Werefkin and Gabriele Münter, whose different paths in life led them to the Blaue Reiter, a group of Expressionist artists that included Wassily Kandinsky and Paul Klee. Behr examines Nell Walden's role as an influential art dealer, collector, and artist, who promoted women Expressionists during the First World War, and discusses how Dutch artist Jacoba van Heemskerck's spiritual abstraction earned her the status of an honorary German Expressionist. She demonstrates how figures such as Rosa Schapire and Johanna Ey contributed to the development of the movement as spectators, critics, and collectors of male avant-gardism.Richly illustrated, Women Artists in Expressionism is a women-centered history that reveals the importance of emancipative ideals to the shaping of modernity and the avant-garde
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This regional study is focused on the prevention and combat of violence against children through the internet in Latin American countries in order to illuminate problems shared by the different countries, identify the gaps in legislation, and highlight good practices in the prevention and protection of minor victims of online sexual exploitation. Framed by international and regional standards on the protection of children from online exploitation, this regional study consists of an analysis of national legislation, regulation, and private and public policy responses to protect children from violence and sexual abuse through the use of the internet and new media and technologies. The analysis reviewed constitutions and domestic laws assessing their compliance with international instruments and verifying the progress made in harmonizing with international patterns. This regional study is focused on child abuse images (CAI), more commonly identified as child pornography, and online grooming, cyberbullying, and sexting, which are the most common offenses perpetrated online that threaten a child's right to a healthy life and sexual dignity. It takes into account research and studies related to the use and misuse of information and communication technologies (ICTs), official statistics related to crimes committed against children through the internet, and the use of ICTs by children, specifically reports produced by the International Telecommunication Union (ITU), Council of Europe (CoE), United Nations Childrens Fund (UNICEF), End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes (ECPAT), and the International Centre for Missing and Exploited Children (ICMEC). Doctrine and interviews with national authorities dealing directly with these issues were also considered.
Acknowledgments -- Map of Southern Europe -- Introduction: Southern Europe and the making of a global revolutionary South -- Conspiracy and military careers in the Napoleonic Wars -- Pronunciamentos and the military origins of the revolutions -- Civil wars: armies, guerrilla warfare and mobilization in the rural world -- National wars of liberation and the end of the revolutionary experiences -- Crossing the Mediterranean: volunteers, mercenaries, refugees -- Re-conceiving territories: the revolutions as territorial crises -- Electing parliamentary assemblies -- Petitioning in the name of the constitution -- Shaping public opinion -- Taking control of public space -- A counterrevolutionary public sphere? The popular culture of absolutism -- Christianity against despotism -- A revolution within the Church -- Epilogue: Unfinished business. The Age of Revolutions after the 1820s -- Chronology -- Bibliography -- Index.
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A sweeping history of libertarian thought, from radical anarchists to conservative defenders of the status quoLibertarianism emerged in the mid-nineteenth century with an unwavering commitment to progressive causes, from women's rights and the fight against slavery to anti-colonialism and Irish emancipation. Today, this movement founded on the principle of individual liberty finds itself divided by both progressive and reactionary elements vying to claim it as their own. The Individualists is the untold story of a political doctrine continually reshaped by fierce internal tensions, bold and eccentric personalities, and shifting political circumstances.Matt Zwolinski and John Tomasi trace the history of libertarianism from its origins as a radical progressive ideology in the 1850s to its crisis of identity today. They examine the doctrine's evolution through six defining themes: private property, skepticism of authority, free markets, individualism, spontaneous order, and individual liberty. They show how the movement took a turn toward conservativism during the Cold War, when the dangers of communism at home and abroad came to dominate libertarian thinking. Zwolinski and Tomasi reveal a history that is wider, more diverse, and more contentious than many of us realize.A groundbreaking work of scholarship, The Individualists uncovers the neglected roots of a movement that has championed the poor and marginalized since its founding, but whose talk of equal liberty has often been bent to serve the interests of the rich and powerful
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An original defense of the unique value of voting in a democracyVoting is only one of the many ways that citizens can participate in public decision making, so why does it occupy such a central place in the democratic imagination? In Election Day, political theorist Emilee Booth Chapman provides an original answer to that question, showing precisely what is so special about how we vote in today's democracies. By presenting a holistic account of popular voting practices and where they fit into complex democratic systems, she defends popular attitudes toward voting against radical critics and offers much-needed guidance for voting reform.Elections embody a distinctive constellation of democratic values and perform essential functions in democratic communities. Election day dramatizes the nature of democracy as a collective and individual undertaking, makes equal citizenship and individual dignity concrete and transparent, and socializes citizens into their roles as equal political agents. Chapman shows that fully realizing these ends depends not only on the widespread opportunity to vote but also on consistently high levels of actual turnout, and that citizens' experiences of voting matters as much as the formal properties of a voting system. And these insights are also essential for crafting and evaluating electoral reform proposals.By rethinking what citizens experience when they go to the polls, Election Day recovers the full value of democratic voting today
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In this paper authors argue that the main determinants of differences in prosperity across countries are differences in economic institutions. To solve the problem of development will entail reforming these institutions. Unfortunately, this is difficult because economic institutions are collective choices that are the outcome of a political process. The economic institutions of a society depend on the nature of political institutions and the distribution of political power in society. As yet, authors only have a highly preliminary understanding of the factors that lead a society into a political equilibrium which supports good economic institutions. However, it is clear that it is the political nature of an institutional equilibrium that makes it very difficult to reform economic institutions. The authors illustrate this with a series of pitfalls of institutional reforms. The author's analysis reveals challenges for those who would wish to solve the problem of development and poverty. That such challenges exist is hardly surprising and believe that the main reason for such challenges is the forces authors have outlined in this paper. Better development policy will only come when authors recognize this and understand these forces better. Nevertheless, some countries do undergo political transitions, reform their institutions, and move onto more successful paths of economic development.
Folder cover page with the seal of the Pro-Serrano Committee titled "File # 38 "D". Speeches from Gen. Obregón to the city" A selection of speeches given by Gen. Alvaro Obregón during his first campaign. Speech given in Guanajuato in January, 1920, in which he refers to the nomination of an official candidate, who is intended to triumph over the will of the people, but they will not succeed because those people will defend their rights. Eng. Ignacio Bonillas, who is an honorable man who loves his country, when he realizes that he intends to impose a group of men to defend their own interests, will reconsider. If he does not and gets carried away by ambition, President Carranza will surely reconsider, will turn his back on false friends and, hearing the voice of the people, will rectify the situation. If not, the army will defend the voice of the people. (From the book "Sonora and Carranza" pp. 126-127). Speech given by Manuel Vargas in San Francisco del Rincón, Guanajuato on the occasion of Gen. Obregón's visit on January 21st, 1920. In this speech, he exalts Gen. Alvaro Obregón's patriotism and virtues. Speech given by Gen. Alvaro Obregón en the Teatro Morelos de Aguascalientes on February 6th, 1920, in which he affirms that the mistakes of his enemies, more than their successes, will give him the victory. This is because those who slander him in the name of the Catholic Church will be unmasked because he is sure that the Church condemns such slander. He also references the Meeting of the Governors convened in the capital, which was not well attended due to questions of honor. However, the next government of Mexico should have been chosen in that meeting. He assures that President Carranza will finally reflect and not let himself be carried away by those who go against the will of the people, for which Obregón has fought so much. He invites the other candidates to explain their government platform so the people can choose. (From the book "Sonora and Carranza" pp. 123-124). Speech given by Gen. Alvaro Obregón at the Teatro Calderón de Zacatecas on February 8th, 1920. In this speech, he expresses his appreciation for the friendliness expressed by the free men who surround him. He denounces the persecution suffered by public administration employees and the members of the army that support his candidacy, which was born out of the people's will. (From the book "Sonora and Carranza" pp. 128-129). Speech given by Gen. Alvaro Obregón in Saltillo, Coahuila on March 2nd, 1920. In this speech, he affirms that he does not have the funds necessary to corrupt consciences nor to bring the safe conduct of impunity, because his way is one of sacrifice. He makes an apology for Madero, the apostle of democracy, son of Coahuila and reflects that it was in Coahuila where the fight began against the government radiating violence and it was precisely Venustiano Carranza who led the fight for freedom (From the book "Sonora and Carranza" p. 20). Speech given by Gen. Alvaro Obregón in Piedras Negras, Coahuila on March 9th, 1920 in which he explains his motives for joining the fight. First, the defense of effective suffrage which is in danger due to the ambitions of a few men who do not want to lose their power and riches. Second, to obtain, if the people's will elects him to the Presidency, better economic equality among all social classes and avoid the need for workers to cross the border to make a living under employers who do not respect them, while others are disposed to spend millions to win elections. He promises to work to consolidate the credit of the nation within the borders and internationally, guaranteeing business for men (From the book "Sonora and Carranza" pp. 121-122). Speech given by Gen. A. Obregón in Monterrey, Nuevo Leon on April 4th, 1920, in which he proclaims that the truth must be told even if it is considered injurious by the despots that accuse him of attacking the President and the army. They accuse Obregón, who left a part of his own body in the army, Obregón, who lost a hand defending the rights of the people. He denounces the tyranny and lies of the administration and promises to defend the rights and liberties of the pueblo (From the book "Sonora and Carranza" pp. 130-132). Speech given by Gen. A. Obregón in Mexico City on May 9th, 1920, in which he honors all soldiers and officials who defended the cause of liberty in anonymity. He mentions the figures of Francisco and Rómulo Figueroa, Fortunato Maycotte, Salvador González and Cosío Robelo. He ensures that he will not continue to attack the Carranza administration because it would be cowardly to do it, now that he has fallen. He asks for a moment of gratitude in the hearts of those that made possible the triumph of liberty. Speech given by Rosaura Castillo in Zitácuaro, Michoacán on Februrary 5th, 1923. She speaks about women, their sphere of action and their role in society. These speeches were selected for Gen. Francisco R. Serrano for his campaign speeches. / Portada de carpeta con el sello del Comité Pro-Serrano titulada "Expediente #38 "D". Discursos del Gral. Obregón A. Ciudad". Selección de discursos pronunciados por el Gral. Alvaro Obregón durante su primera campaña política: Discurso pronunciado en Guanajuato en enero de 1920, en el que hace referencia a la postulación de un candidato oficial, al que se pretende hacer triunfar por encima de la voluntad del pueblo, pero no lo lograrán porque ese pueblo defenderá sus derechos y el Ing. Ignacio Bonillas, que es un hombre honorable que ama a su patria, cuando se dé cuenta de que lo pretende imponer un grupo de hombres para que defienda sus propios intereses les dará la espalda y si no lo hace y se deja llevar por la ambición el Presidente Carranza seguramente recapacitará, dará la espalda a sus falsos amigos y oirá la voz del pueblo y rectificará y si no, ahí está el ejército para defender esa voz (Del libro "Sonora y Carranza" pp. 126-127). Discurso pronunciado por Manuel Vargas en San Francisco del Rincón, Gto. con motivo de la visita del Gral. Obregón el 21 de enero de 1920, en el que exalta el patriotismo y virtudes del Gral. Alvaro Obregón. Discurso pronunciado por el Gral. Alvaro Obregón en el Teatro Morelos de Aguascalientes el 6 de febrero de 1920, en el que afirma que los errores de sus enemigos, más que sus aciertos, le darán la victoria, porque aquellos que lo calumnian en nombre de la Iglesia Católica serán desenmascarados porque él está seguro de que la Iglesia condena la calumnia; hace referencia a la Junta de Gobernadores convocada en la capital a la que muchos no asistieron por honradez, pero en la que se debe haber decidido quién será el próximo gobernante de México. Asegura que el Presidente Carranza finalmente reflexionará y no se dejará llevar por quienes pretenden contrariar la voluntad del pueblo por la que tanto ha luchado; invita a los otros candidatos a exponer su trayectoria y programa de gobierno para que el pueblo elija (Del libro "Sonora y Carranza" pp. 123-124). Discurso pronunciado por el Gral. Alvaro Obregón, en el Teatro Calderón de Zacatecas el 8 de febrero de 1920, en el que agradece la demostración de simpatía que le han dado los hombres libres que están a su alrededor. Denuncia la persecución que sufren los empleados de la administración pública y los miembros del ejército que apoyan su candidatura que ha nacido de la voluntad popular (Del libro "Sonora y Carranza" pp. 128-129). Discurso del Gral. Alvaro Obregón en Saltillo, Coah. el 2 de marzo de 1920, en el que afirma que sus manos no tienen oro para corromper conciencias ni trae el salvoconducto de la impunidad, sino que su camino es el del sacrificio. Hace una apología de Madero, el apóstol de la democracia, hijo de Coahuila, y recuerda que fue en Coahuila donde se inició la lucha contra el gobierno emanado de la violencia y que fue precisamente Venustiano Carranza quien encabezó la lucha por la libertad (Del libro "Sonora y Carranza" p. 20). Discurso pronunciado por el Gral. Alvaro Obregón en Piedras Negras, Coah. el 9 de marzo de 1920, en el cual expone los motivos por los que se ha lanzado a la lucha: primero, la defensa del sufragio efectivo que está en peligro por la ambición de unos cuantos hombres que no quieren perder el poder y la riqueza que éste les proporciona; segundo, procurar, si la voluntad popular lo lleva a la Primera Magistratura, un mayor equilibrio económico entre todas las clases sociales y evitar que nuestros trabajadores crucen la frontera buscando el pan con patronos que no los respetan, mientras otros están dispuestos a gastar millones para obtener el tiunfo en las elecciones. El promete esforzarse en consolidar el crédito de nuestra nación dentro y fuera de las fronteras, dando garantía a los hombres de empresa (Del libro "Sonora y Carranza" pp. 121-122). Discurso pronunciado por el Gral. A. Obregón en Monterrey, N.L. el 4 de abril de 1920, en el que proclama que hay que decir la verdad aunque sea considerada injuria por los déspotas que lo acusan de injuriar al Presidente y al ejército, él, que dejó en el ejército una parte de su cuerpo, él, que perdió una mano defendiendo los derechos del pueblo. Denuncia la tiranía y las mentiras de la administración y promete defender los derechos y las libertades del pueblo (Del libro "Sonora y Carranza" pp- 130-132). Discurso del Gral. A. Obregón en la ciudad de México el 9 de mayo de 1920, en el que rinde honores a todos los soldados y oficiales que en el anonimato defendieron la causa de la libertad y recuerda las figuras de Francisco y Rómulo Figueroa, de Fortunato Maycotte, de Salvador González y de Cosío Robelo y asegura que no atacará más a la administración de Carranza porque sería una cobardía hacerlo ahora que está caído. Pide un monumento de gratitud en los corazones de quienes hicieron posible el triunfo de la libertad. Discurso pronunciado por Rosaura Castillo en Zitácuaro, Mich. el 5 de febrero de 1923, en el que habla de la mujer, su esfera de acción y su papel dentro de la sociedad. Estos discursos fueron seleccionados para el Gral. Francisco R. Serrano para hacer sus discursos de campaña.
Issue 16.2 of the Review for Religious, 1957. ; A.M.D.G. Review for. Reh ious MARCH 15, 1957 Psychological Screening . Richard P. Vaughan The Religious Teacher . Sister M. Aurella Background of the Supernatural Life. Da.iel J. Formation o1: Religious Priesks . Pope Plus XII Roman Documents . R. F. Smith Book Reviews (~uestions and Answers Summer Institutes VOLUME 16 NUMBER 2 REVIEW FOR RI LIGIOUS VOLUME 16 MARCH,.1957 NUMBER 2 CONTI::NTS MORAL ISSUES IN PSYCHOLOGICAL SCREENING-- Richard P. Vaughan, S.J . 65 SUMMER INSTITUTES FOR RELIGIOUS .78 THE RELIGIOUS TEACHER AND VOCATIONS~ Sister M. Aurelia, O.S.F . 79 - OUR CONTRIBUTORS . '. 81 THE BACKGROUND OF THE SUPERNATURAL LIFE-- Daniel J. M. Callahan, s.J . 82 SOME BOOKS RECEIVED . 87 THE EDUCATION AND FORMATION OF RELIGIOUS PRIESTS Pope Plus XII . 88 SURVEY OF ROMAN DOCUMENTS~R. F. Smith, S.J . 102 QUESTIONS AND ANSWERS--- 3. Varying Interpretations of Local Superiors . 112 4. Reappointment of Master and Assistant Master of Novices . 112. 5. Sisters Driving Cars . 113 6. Reception of Renewals of Vows . " . 113 7. Procurator General and Manner of Recurring to the Holy See 114 8. Unequal Suffrages . 116 9. Obligation of Weekly Confession . 116 10. Special Jurisdiction Not Required for Postulants . 117 11. Obligation to Receive Blessing of Extraordinary Confessor . 118 12. A Religious as Executor of the Will of Lay People . 118 BOOK REVIEWS AND ANNOUNCEMENTS-- Editor: Bernard A. Hausmann, West Baden College West Baden Springs, Indiana . 119 REVIEW FOR RELIGIOUS, March, 1957. Vol. 16, No. 2. Published bi-monthly by The Queen's Work, 3115 South Grand Blvd., St. Louis 18, Mo. Edited by the Jesuit Fathers of St. Mary's College, St. Marys, Kansas, with ecclesi-astical approval. Second class mail privilege authorized at St. Louis, Mo. Editorial Board: Augustine G. Ellard, S.J.; Gerald Kelly, S.J.; "Henry "vVillmering, S.J. Liteiary Editor: Robert F. Weiss, S.J. Copyright, 1957, by The Queen's Work. Subscription price in U.S.A. and Canada: 3 dollars a year; 50 cents a copy. Printed in U.S.A. Please send all renewals and new subscriptions to: Review for Religious, 3!15 South Grand Boulevard, St. Louis 18, Missouri. Moral Issues in Psychological Screening Richard P. Vaughan, S.J. AS THE use of psychological testing for' candidates to the religious life has become more. widely known and ~ac-cepted, certain moral questions have presented themselve~ to the minds of the superiors who have considered the possio sibility of adopting some kind of a screening program. It is the aim of the present article to consider some of these questions and to offer a solution for each. Purpose of Psychological Testing Psychological testing is a means of evaluating an individ-ual's personality and ability. Its purpose is to predict the suit-ability and fitness of an individual for a position, course of studies, or state of life. When testing is applied to candidates for the religious life, the aim of the program is to determine whether the candidate has the necessary qualifications to lead the life of a religious in some particular institute, such as the Franciscans or Carmelites. These quahficattons are primarily limited to factors of personality affecting mental health. However, when there is a need to know about the intellectual capacity of an individual, psychological testing may also be used. Psychological testing, as presently used by religious for their candidates, does not offer any direct information about what one may call the internal workings of a vocation. Needless to say, it does not measure the influence of grace upon the soul. It does not in any way pretend to fathom the extent to which the soul has been moved by the Holy Spirit. Nevertheless, such testing does in a number of instances give some indication of what might be called natural motivating forces behind a desire for the religious life. In addition to the Workings of grace, the average, candidate usually has a number 65 I~ICHARD P. VAUGHAN Review for Religious of subs~idiary reasons which are instrumental in his choice of the religious state. He might be attracted by the companionship of community life or by' the opportunity to devote his life to study and teaching. Such inclinations frequently manifest themselves in a testing situation. Moreover, sometimes natural motives, which should be secondary, assume primary importance:. In these in-stances, the superior who has received a psychological evaluation of the candidate is in a better position to make a decision as to the candidate's suitability. .Finally, there are cases where the candidate may desire the religious life for purely natural reasons. An example of such a candidate would be the young woman who wishes to enter the convent because conditions at home are intolerable. Psychological testing can give indications of such motivation. It frequently "happens that the candidate is not aware of the influence of such a motive upon her final decision to enter the religious state. Through the medium 0f testing followed by interviews this influence can be brought to light, and thus the possibility of a costly mistake is lessened. The function of testing is very similar to that of the physical examination which is demanded of every candidate before he or she is accepted into the religious life. Both examinations are looking for signs of illness which will render the candidate un-suited for the religious life in a definite order or congregation. The one seeks indications of physical illness; the other, indica-tions of psychological illness. Unfortunately, the psychological aspects of the human being are not as readily discernible as the purely physical. There is much in the psychological life of an indi~vidual which lies beneath the surface and thus passes un-noticed, but .which offers definite indications of-future emotional upheaval. In some cases, the individual consciously defends against revealing this hidden "matter, lest it be detrimental to him. In other cases, the unconscious processes completely hide the matter from the individual himself. Mental fitness for the religious life often depends upon the content of this hidden 66 Ma~'ch, 1957 PSYCHOLOGICAL SCREENING matter. To uncover such material, a c6mbination of psychologi-cal testing and interviews is often needed. Although the untrained person is certainly qualified to make some evaluation of the can-didate's personality, he will usually miss most of this hidden matter which gives a deeper clue to the workings of an indi-vidual's personality. The fundamental goal of any screening program is the detection of the grossly abnormal applicant. By this latter phrase is meant the applicant who gives definite signs of debili-tating psychosis or neurosis. He is the candidate who is mentally ill, although his illness may not yet be recognizable to the untrained religious examiner. In its initial stages, mental ill-ness may easily be passed over unnoticed, unless a concerted effort is made to investigate its possible existence. A testing pro-gram that is well conducted can give some indication that suffi-cient mental .and emotional health for leading a normal re-ligious life is wanting in the candidate. Subsequent interviews by trained personnel can put a'finger on the candidate whose mental illness is serious or gives evidence of becoming serious. Such a candidate is as.unfit for the religious life as the candidate who has tuberculosis or amalignant cancer. In considering the possibility of mental illness occurring after the individual has been received into the religious li~e, it should be called .to mind that the religious life, especially in its earliest phases, is such as to be considerably more taxing on psychological strength than the average life outside the cloister or the convent. It can reasonably be presumed that the seriously disturbed person will become pro-gressively worse under the strain of religious life, since he is usually unable to benefit from the many spiritual and natural helps of this life. The Problem of Personal Data Assessing the mental health of a candidate frequently de-mands a very comprehensive and revealing evaluation of his per-sonality. As a result of this need, religious superiors sometimes 67 RICHARD P. VAUGHAN Review for Religious are in doubt as to their right to investigate such highly personal data. Typical examples of traits that'might be discovered through a psychological screening program are as follows: emotional instability, lack of self-control, paranoid-suspiciousness, and deviant sexual tendencies. It is 'obvious that were such personality charac-teristics widely known, they would seriously handicap the future of the candidate, regardless of what state of life he might eventually choose. In considering this problem it is necessary tO understand fully what are the duties" and obligations of the religious superior who has the task of accepting or rejecting candidates. Upon his deci-" sion re~ts the welfare of the Church, as Well as that of the particular order or congregation to which" he belongs. Many of the faithful look upon religious as the personifica-tions of the spirit and teaching of the Church. When they come in contact with or hear about emotionally disturbed religious, their esteem of the Church as an instrument of personal sanctity is con-siderably lessened. For in the minds .of many of these people, mental illness and sanctity are incompatible. The afflicted person would not be in his present state if he had led a holy-life. Unfor-tunafely, some go so far as. to link mental illness with sin. The psychosis or neurosis is simply the result of past wrong-doing. Although the above-mentioned opinions have no scientific basis, still their prevalence makes the. emotionally disturbed religious a source of scandal for these uninformed laymen and laywomen. A further, danger of scandal arises when the faithful have per-sonal dealings with the mentally ill religious. Psychotic a.nd neurotic symptoms frequently manifest themselves in behavior which in the normal person could only be interpreted as sinful. The outbursts of anger seen in a paranoid are but one example of such behavior. Thus, the superior has the obligation, in so far as he is able, to see that he does not admit candidates who are likely to fall prey to mental disease and thus become a source of scandal to the laity. 68 March, 1957 PSYCHOLOGICAL SCREENING If the 'candidate. is'~ulfim~ately destined for holy orders, the duty of the superior to protect the welfare of the Church is even greater, in as much as the Church relies upon the priesthood for her very life. The menially disturbed, priest c~in be a source of great scandal and actually hinder the apostolic work of the Church. Obligations of Superioks A further consideration is ~he ol~ligation a superior has to his own order or congregation and to the individual members of that order or congregation. Every supekior who receives candidates has a definite obligation to his or her institute to accept only those can-didates who will be able tolead the religious life according to the rule of the particular order or congregation the candidate ~.lans to join. It is, moreover, the duty of the superior to see that the rights of the other members of the.community are" protected. Community life is an essential part of the religious lif~ in most orders' and con-gregations. Experience" snows that the mentally ill can do'much to disrupt community life. Finally, it is the "obligation of the superior to see that only those subjects be ~icceptdd who Wil! be able to further the work of the particular order or congregation. In general, it may be said that the seribusly disturbed neurotic or psychotic contributes very little in his lifetime to the specific works of the order, and often actually hinders that wo'rk. Therefore, since the superior has the obligation to look after the welfare of his order or congregation and its members, he or she has the right to use every legitimate means to accomplish this end, A well-conducted psychological screening program would seem to be a legitimate means of' eliminating those who are incapable of leading the relig-ious life and of fostering the specific works of a given order or congregation because bf poor mental health. Thus, it seems clear that the superior has the right to inves-tigate such highly personal data' as one would obtain from a screening program, if he thinks that such information is neces-sary to determine the mental and emotional health of the candi-date. This right stems from the obligation of the superior to 69 RICHARD P. VAUGHAN Review for Religious protect the welfare of the Church and his order. To accomplish this end, it may happen that the superior will have to investigate matter pertaining to the conscience of the candidate. Ii: this investigation is thought necessary, the superior has not only the right but also the duty to ask about such matters, and the candidate has an equal duty to reveal whatever information the superior thinks necessary to arrive at a correct decision with reference to the existence of a true vocation. It should be noted that all information derived from a screening program is received in the strictest confidence. Thus, it can be revealed only to the superior who must decide upon the suitability of the candidates and, if needed, his or her consultors. Under these circumstances, the fear of any damage that might occur to the reputation o~ the candidate would seem to be minimized. I~ the candidate is rejected, in the minds of his friends and associates he could have been rejected for any o~: a dozen or more reasons. His rejection because oI: poor mental health need never be known. Refusal To Cooperate Before beg!nning a screening program, it would probably be well to inform the candidate by letter of the general aim, nature, and need of such a program. The purpose of the letter is to acquaint the candidate with some of the notions involved in screen-ing and to dispose him or her more favorably towards the pro-gram. The emphasis is placed on the personal advantage of the program for the candidate. A mistake about one's vocation is usually costly in time and money, not to mention the emo-tional upheaval that frequently results when a.religious leaves after several years in the life. Immediately preceding the administration of a series of psychological tests, the psychologist again explains the purpose and need of the program. The candidates are then urged to be frank and honest in answering the items. Most candidates 70 March, 1957 PSYCHOLOGICAL SCREENING will acquiesce in thi~ request, since by this time they realize that the program is devised imt only for the good of the order or congregation that they plan to join, but also for their own good. However, it is not beyond the realm of possibility that a candi-date will absolutely refuse to submit to the testing progr~im. This situation would then ~resent a further moral issue. Has the superior the right to reject" any candidate who refuses to take the psychological te~ts Or who gives every indication that he did not cooperate in taking the tests, thus nullifying the test results? In answering this question, it should be noted that each order or congregation with the approbation of the Holy See has the right to establish the qualifications that it desires among its members. The superior who accepts the candidates acts in the name of the. order or congregation. Thus, he has the duty to see that these qualifications are met. Among the many qualifications for any type of religious life, mental health is a primary requisite. It therefore follows that the. superior can use every legitimate means at his disposal to guarantee that only the fit and suitable candidates are accepted. Psychological screening has come to be an acceptable instrument for determining the suit-ability of candidates as far as their mental health is concerned. Hence, it follows that the superior has the right to refuse admittance to those candidates who reject the testing program or give clear evidence that they did not cooperate, since these candidates have failed to give sufficient indication that they meet one of the essential requirements of the religious life, at least as far as the superior is able to determine. In passing, it might l~e noted that those who refuse to take the test must have a reason for their refusal; and most probably this refusal is con-nected with some kind of psychological inadequacy. Omission of Items Some personality tests demand the affirmation or denial of a number of statements. A certain small percentage of these items ask the testee to affirm or deny past moral faults. When 71 RICHARD P. VAUGHAN Review for Religious the candidate is faced with such items, he is not obliged to answer them, unless such information is necessary to determine the presence or absence of a vocation. It should be noted that these items usually inquire about specific incidents and not about habits of. sin which could interfere with a vocation. The superior has the right to ask about habits of sin when this information affects his judgment as to the existence of a true vocation. How-ever, isolated incidents of moral iapses usually do not stand in the way of a vocation; hence, if the candidate omitted these items, it Would not substantially affect the purpose for which these tests are given. A ready solution to the problem might be the omission of such items from the tests. However, since a number of the personality tests used in psychological screening have been stan-dardized for a .given population and appear in a printed form, it is very difficult to omit the items. An effort'is currently being made to adapt these standardized-personality tests for the ex-clusive use of religious and their candidates and to establish stan-dards of judgment for this particular segment of the popula-tion. These new standardizations will eliminate undesirable items. In the meantime, the psychologist should choose those tests which are least likely to be affected by this difficulty; where this is not possible, he should make allowances in his interpretation of the test results for a few unanswered items. How Much Confidence in the Testing Program? A further question arises: How much confidence can a superior place in a psychological testing program for candi-dates? The superior not only has an obligation to his own par-ticular order or congregation, but he also has an equal, obligation to the candidate who feels that he has a vocation. Psychological testing for candidates has been used by a number of orders and Congregations of both religious men and women. For the most part, these various religious groups have expressed their satis-faction with the results. However, it should be borne in mind 72 Ma~'ch, 1957 PSYCHOLOGICAL ~CREENING that the whdle program is a" relatively new movement in the Church and that more time is needed before one can reach a certain judgment as to the value of such a program. The tests which are commonly used for ~andidates to the religious life have proved themselves in other areas. Some have and are being used in psychiatric .and psychologial clinics to determine path-ology. It should also be noted tha~ some of the tests used with rdligious candidates have been adapted for this specific, purpose and thus should be even more valuable when used with these populations. Nonetheless, until more data have been gathered and scientifically evaluated, it would s.eem that tl~e most prudent course of action for any superiok who is initiating a testing pro-gram would demand, a cautious and at times skeptical 'acceptance of data received from the testing program. In the beginning, some kind of an interview by trained personnel for those candi-dates who scored poorly on the tests would seem to be almost imperative. In those relatively few instances where test and in-terview results show gross deviation from the normal, rejection of the candidates would seem to be in order. In those cases where the diagnosis from the test results is in doubt, it would seem that the more prudent course in initiating the program would usually be to accept the candidate and observe the nature of hi~ progress ~during the early years of the religious life. ¯ Professional Secrecy A screening program can be administered either by a mem-ber of the religious community who has received adequate train-ing'in psychology or by a lay psychologist who has had experi-ence in clinical testing. Since there are many aspects of the religious life which a layman cannot fully understand, the pro-gram conducted by trained religious personnel is highly desir-able. Once the test results have been interpreted and necessary interviews held, all the information derived from these sources is gathered together and an evaluation of the personality of the candidate is drawn up by, the psychologist. The information 73 RICHARD P.' VAUGHAN Review for Religious contained in these reports has been obtained through the medium of~ professional confidence since the psychologist' is bound by the same type of secrecy as the physician or lawyer who obtain confideniial matter.from their clients. The.candidate, therefore~ has every right to expect that this confidence will b~ safeguarded. Hence, the psychologist can submit the information obtained through testing only to the. religious superior or som~eone ap-pointed by the superior to make the decision as, to the acceptance or rejectiori of the candidate. To reveal the results to any other member of the community or to anyone else, such as a pros-pective ~employer once the application' has been rejected, would involve a violation of professional secrecy. The superior who receives the information from the psy-chologist is not free to speak of it to other members of the com-munity, unless he thinks that he needs to" seek advice from one of his consultors before ~arrivi~ng at a decision, for he is ~bound by the same obligation of secrecy as the psychologist. More-over, if the superior can obtain the advice of the consultors without revealing the identity of the candidate, he should do so. Among certain communities, there is the practice of allowing the master of novices to read the personality evaluations 0f can-didates. Such a procedure would seem to prejudice unduly the master's opinion of the candidates before they are received into the religious life. The doubtful cases especially suffer from this practice. Furthermore, since the novice, while still a candidate, consented to take the psychological examination for the sole pur-pose of determining his suitability, it would seem morally wrong t6 reveal the contents of these tests to the magter for the added purpose of future guidance and direction, unless the novice gives his consent. Rejection of the Candidate /~ When a candidate has been refused admittance into an order or congregation because ot~ poor mental health as indicated by testing and interviews, further moral problems present them- 74 March, 1957 PSYCHOLOGICAL SCREENING selves. The first question that arise~ in such ~in event is whether the candidate should be informed of the specific reason why he has been rejected. In view of the fact that there are several possible reasons besides lack of mental health or psychological fitness that can determine the decision of a superior in accepting or rejecting a candidate, many religious communities prefer simply to inform the applicant that he or she does not appear suited for the religious life. The exact reasons for the rejection are not given; or if they are given, they are stated in such general terms that the candidate does not fully comprehend their import. Hbwever, the outcome of such a procedure sometimes results in a cdrtain amount of discontent on the part of the rejected can-didate. Often this discontent is also manifested by the religious who is sponsoring the candidate. On the other hand, it would seem that the superior has only the obligation to see that the qualifications set down in his institute are fulfilled. If the can-didate does not meet these qualifications, then, in justice to his order, he must reject the candidate; but this rejection does not necessitate his telling the applicant why he has been refused. The decision to reject a candidate poses a further problem, namely, does the superior have any obligation to advise the applicant who is mentally and emotionally disturbed to seek some type of treatment? If such an obligation does exist, it certainly is not one Of justice. Out of justice the superior is simply obliged to inform the candidate that he is not suited for the life. It may then be asked whether out of charity he should give the rejected candidate some advice as to his need of treatment and offer suggestions as to how he might obtain this treatment. If the rejected candidates are not too numerous and there are local facilities which are in a position to offer therapeutic time, it would then seem likely that the superior should out of charity offer some help in this regard. For if nothing is said, there is a great likelihood that'~the illness will become progressively worse until it reaches that state where treatment will be extremely diff'- 75 RICHARD P. ~AUGHAN . Review for Religious cult, if not impossible. Mental illness ;s much more susceptible to treatment in the young than in the old. If hn emotional dis-turbance exists which is not too deep-seated, it is not beyond the realm of possibility that the applicant can be treated and reapply for admittance after a couple of years. In.this manner, a voca-tion can be saved. All the above-mentioned~suggestions imply that the candidate will be informed of the exact nature of his illness, so that he can take some action to rid himself of the affliction. However, if the superior does not see his way clear to offer some suggestion as to possible means of alleviating the difficulty, it would-seem more prudent not to inform the candidate of his condition. Such information without any. hope of doing something about the situation can only lead toga state of frustra-tion and consequently agitate the illness of the rejected candidate. Use of Test Results After Entrance A final aspect pertains to the use of testing results after the candidate has been received into the religious ,life. In any group, of candidates entering the religious life, "there will most probably be some who have been accepted even though their psychological fitness for the life is still in doubt. A number of these doubtful cases will give some indication during their postu-lancy that they ma)) not be completely suited,for the .life. .When the decision must. be made as to Whether they should receive the habit, some superiors will include the psychological evaluation at the .time of entrance as a factor in turning their judgment one way or the other. Since the postulancy is a time of trial, in which both the order or congregation and the individual postulant are trying to determine whether a true vocation is present, it would seem that the superior, who represents the o~der, is justified in using every legitimate means at his disposal so as to arrive at a correct decision. The results of the testing program can be a very valuable aid in reaching this decision. Since the time of postulancy is relatively short, the original test results w0uld prob-ably still- apply to the postulant in doubt. However, if changes 76 March, 1957 PSYCHOLOGICAL SCREENING in personality have become conspicuous during this period, it would be wise to ~e-evaluate the individual through testing and, if necessary, through interviewing. If the postulant has been allowed to take the habit; but, at the end of .the novitiate, there is still some doubt ~asto the psychological fitness, then retesting wouldseem to be in order since the element of more than one and a half years in the religio~us life will significantly influence the personalitypattern of thee novice. This retesting will also give an indication as towhether, during the course of the novitiate, the individual has become more or less psychologically fit for the religious life. Retest results will, thus, furnish helpful supplementary material for the superior who is faced with the difficult~ decision of allowing or refusing permission to take the first vows. If the tests can be evaluated by the same psychologist who had previously conducted the testing program, the results should reveal acciirate and valu-able material. However, it should be noted that neither novices nor reli-gious with their vows can be forced to submit to psychological testing. Such a program of testing is equivalent to a manifesta-tion of conscience, which according to canon law no superior can demand of his subject. The superior, therefore, may not threaten the religious with dismissal if he refuses to take the tests. He should feel free to point out to the subject whose vocation is in dbubt the. advantages of a psychological program. He may not, however, word his advice in ~uch a fashion as to exert pressure upon the religious to submit to the testing. Moreover, the religious who has undergone the psychological investigation must either explicitly 0r implicitly give permission to the superior to obtain the results from the psychologist, It may well be that the religious insists upon dealing directly with the psychiatrist or psychologist in arriving at'a final decision as to whether he or she has a vocation to the religious life. In this case, the superior 77 I~ICHARD P. VAUGHAN ~ould ~ave no fi~t to t~e ~ghly personal data derived from t~e tests and subsequent ~nterv~e~s. Conclusion Psychological screening is a relatively .new approach to the problem of determining 'mental and emotional fitness for the re-ligious life. As in any new movement, questions and doubts are bound to arise. In the case of screening, not the least of these questions and doubts are of a moral nature. However, if the purpose of screening is fully comprehended and the basic principles of moral theology are correctly applied, satisfactory solutions can be found. In the light of these solutions, a cau-tious and prudent use of a well conducted screening program can be extremely valuable and morally justifiable in deciding whether the candidate has the requisite psychological fitness for the religious life. SUMMER INSTITUTES FOR RELIGIOUS The Institute for Religious at College Misericordia, Dallas, Penn-sylvania (a three-year summer course of twelve days in canon law and ascetical theology for sisters), will be held this year August 20-31. This is the second year in the triennial course. The course in canon law is given by the Reverend Joseph F. Gallen~ S.J., that in ascetical theology is given by the Reverend Daniel J. M. Callahan, s.J., both of Wood-stock College. The registration is restricted to higher superiors, their councilors and officials, mistresses of no~ices, and those in similar positions. Applications are to be addressed to the Rev. Joseph F. Gallen, S.J., Woodstock College, Woodstock, Maryland. The Reverend Owen M. Cloran, S.J., will direct an Institute in Canon Law for Religious Women at St. Louis University, June 10-14. During the summer session from June 18 to July 26, the religion department will include courses on the sacramental life, Sacred Scrip-ture, moral guidance of adolescent girls, and God the author of the supernatural life. Inquiries concerning the Institute or the courses should be directed to the Department of Religion, St. Louis University, St. Louis 3, Missouri. 78 The Religious Teacher and Vocal:ions Sister M. Aurelia, O.S.F. NO ASPECT of the life of a priest or of a religious brother o~ sister is so mysterious as the manner in which the individual received the call to this special form of life. Every religious vocation has a divine origin; God is its first cause. Seemingly, there are many secondary causes; but, in the last analysis, a religious vocation comes from.God Himself. God does, however, make use of various agencies and circumstances to accomplish His purpose. The home, the Church, and the school often serve indirdctly as God's instruments in the develop-ment of vocations. A good Catholic home is the nursery for religious vocations. Statistics prove that a home in which the parents are leading truly Christian lives produces more vocations to th.e priesthood or the religious life than homes where the parents are careless and indifferent Catholics. Zealous priests, by their counsel .and friendly interest, direct many chosen souls to the service of God as priests, brothers~ or sisters. Many a religious vdcation has been brought to life by a prudent director. The Catholic school, however, is predominantly the source of religious vocations. Whil~ it is true that some earnest young people who have not had the opportunity of attending a Catholic school have become good priests, brothers, or sisters, the greater number of vocations are found among young people who are the product of Catholic schools. Therefore, religious teachers play an important part in God's plan for vocations. The manner in which God calls individuals is as varied as the characters of the individuals themselves. Some are called 79 SISTER M AURELIA directly; for example, John and Andrew, the first disciples of Our Loid, were called directly by Christ when He said to them, "Come and see." Peter was brought to our Lord by his brother Andrew. Even today some souls' receive a direct call from our Lord when He says to their wavering hearts, "Come and see." Probably most calls today are indirect, coming to souls through the instrumentality of others. It may be through a kind word, a tactful suggestion,., or the personal example of a priest or a religious brother or sister. It is, then, one of the most sacred duties of the religious teacher to develop a real understanding and appreciation of the religious life, to explain its concepts and ideals, and to create in the minds of the young a willingness and an ability to assume a life of prayer and sacrifice. This means to make young people vocation-minded, to make them reflect that perhaps God has chosen them to be among His select ones. " The personality of the teacher plays an important role in this respect. Some one has aptly said, "Though we soon forget what our teachers taught us, we readily remember the teachers themselves, their personality, their whims and humors, their ideals and enthusiasm, the ~ltmosphere they created and the spirit in which they worked.~ Names, dates, details of events fade away; but the personalities of the teachers have left lasting impressions." 'The personal example of a brother or sister is more potent than words. What we are is of greater importance than what we say. Nothing we say influences as much as what we how we acl. Our pupils see us as we really ar~', not as we think we are. We cannot hide our faults and defects, for our lives are as mirrors reflecting our inner selves. Our actions will show more plainly than words that we love our way of life, that we are happy, that we are glad to serve God as religious teachers, that our whole aim in life is to save our souls by drawing others to the knowledge and love of God. Let us examine ourselves. Do our words and actions reveal th~ v~rtues expected of a good religious? Are we friendly, 80 March, 1957 RELIGIOUS VOCATIONS patient, courteous, sympathetic? Do we exhibit self-control at all times, show practical piety--not the mushy, sentimental kind, but sincere humble devotion? Have we a prudent zeal'for the honor and glory of God and the salvation of souls? Kindness, charity, and consideration for others are the most attractive virtdes in a religious teacher. A teacher who is just and square, who is honest and sincere will attract more young people to the religious life than another who speaks piously of virtue and love of God, but who may be unjust, insincere, un-sympathetic, and unforgiving. A teacher who holds a grudge or indulges in spiteful remarks will never instill a love for the religious life. Many a vocation has been nipped in the bud or given up entirely because of a sarcastic, unjust, or disagreeable teacher. Remember that a holy and happy religious is the best advertisement for his or her community.': What kind of advertisement am I for my community? Do I repel others by my brusque, sharp, and domineering manners? Am I kind and considerate in my dealings with my pupils?" with my fellow teachers? Do I always remember that I represent the meek and gentle Jesus? Our love, our enthtisiasm and devotion to our work, tour sincere appreciation of our holy vocation will act as a powerful magnet, drawing others to follow more intimately the loving Christ as a priest, brother, or sister. Good example, prayer, sacrifice, and a holy life are the best means by which we may hope to influence others and make them vocation-minded. OUR CONTRIBUTORS RICHARD P. VAUGHAN is an instructor in psychology at the University of San Francisco and clinica! psychologist for the Mc- Auley Clinic, St. Mary's Hospital, 'San Francisco. SISTER M. AURELIA is co-author of Practical Aids for Catholic Teachers and, after teaching school for fifty-four years, is now retired at the Mother House, Millvale, Pennsylvania. DANIEL J. M. CALLAHAN, pro-fessor of dogmatic theology for thirty years, is now engaged in coun-selling and retreat work for priests and religious at Woodstock College, Woodstock, Maryland. R. F. SMITH is a member of the faculty of St. Mary's College, St. Marys, Kansas. 81 The Background :he. ¯ Superna!:ural Lit:e Daniel J. M. Callahan, S.J. m~mO STRIVE for the perfection of the supernatural life is mandatory for us as religious. ~ Obviously then, our asceti-cism must be founded on the truths of faith, and a thorough appreciation of them will be the strongest incentive to the cor-rection of our faults and to the practice of virtue. In con. sequence,, a clear understanding of the supernatural is of primary importance first for our personal sanctity and then for the success of our apostolate, which is, like that of St. Paul, "To announce among the Gentiles the good tidings of the unfathomable riches of Christ, and to enlighten all men as to what is the dispensation of the mystery which has been hidden from eternity in God, who created all things" (Eph. 3:8-9). The present paper aims at the exposition of the background oi: the supernaturalas it appears in divine revelation. Though grafted on the natural, the supernatural life abso-lutely transcends the natural, but the better we comprehend the latter, the more readily shall we apprehend the fo~mer. What then is the implication of a state of nature and of a.completely natural life? Though such a condition never existed for human beings, God could have established 'it and been satisfied with it. It would mean that we w.ould be made up of body and soul, of matter and spirit, together with all the capabi!ities requisite for the discharge of human activity and for the attainment of the purpose of our creation. We would have our present composite nature resulting from the components just mentigned, a human personali~ty equipped for the functions of vegetative, sentient, .rational life and requiring due subordination and coordination to our intellect and will for the perfection of the whole. For a composite entity could subsist and evolve only on the supposi-tion of harmonizing its constituents and bringing them under 82 THE SUPERNATURAL LIFE the confrol of the highest of them. Lack of such subordination would cause life to languish, to disintegrate, and ultimately to cease. In consequence, even a purely natural life would involve struggle because of the two levels in our nature, each of which would be drawn to its own gratification, the merely pleasurable and the morally good. There could be a conflict of passion against will, an experience that could be arduous and distressing, although these unruly impulses would not be irresistible. The free will could and should restrain them through inhibition, modera~ tion, and the stimulation of opposing urges to good. In like manner, through self-love and pride, the free will could rebel against the Creator recognized as Supreme Lord, and sin. Man could arrive at the basic principles of mori~l conduct and realize his obligation to shape his life in harmony with them. He would thus be in possession of natural religion, embracing a body of truths .to be accepted, o~ duties to be fulfilled, and the cor-responding sanctions, full natural happiness or proportionate punishment in a future life, for the observance or violation of such fundamental duties. The creation of the universe, and of man in particular, was utterly gratuitous, the outcome of ineffable love. It was ef-fected, not that God might acquire something hitherto wanting, but in order to share the divine treasures with His creatures. Such is the way of true love: it purposes, not the enrichment of the lover, but that of the beloved. Infinite in every manner, God cannot increase His possessions, but He can and does apportion them among His creatures. To this love we all owe our origin; and, having lavished on man all that is inherent to his nature, the Almighty might have been content with His majestic universe and prescribed for us that we employ our native powers for the acquirement of our perfection and ulti-mate destiny, which would consist in a knowledge and love of God derived from the world around us and in a proportionate 83 DANIEL J. M. CALLAHAN Review fo~" Religious happiness here and in the world to come. The creature man could lay claim to nothing more: But God was motivated by love, and true love never says enough, for its measure is to love Without measure. God could and would do for man something more wonderful. Leaving intact his human nature, God engrafted on it another nature, a reality absolutely transcending the re-quirements and exigencies of his nature, a finite participation in the divine nature, constituting him His child and ordaining him to partake of His life through grace here and through the light of glory in the world to come. In a very summary style, such is the content of the revealed truth of our elevation to the super-natural order. A brief clarification may be desirable. God has made known to us the eternal generation of His divine Son, who while differing in person from the Father, shares in one and the same nature with Him. The Second Person is the natural Son of God, consubstantial with the Father, and with the latter the divine principle from which proceeds the Holy Spirit. This is the adorable mystery of the H01y Trinity. Analogically, in a finite manner, at the moment of man's creation God adopted him, extending to him the divine filiation. Rema!ning a creature, man was elevated to the dignity of son of God, enabled to live on a level exceeding all man's natural powers, and to enjoy forever the immediate vision of God in heaven. We are in the presence of a divine marvel, conferred on our first parents, and sincerely proffered to their offspring. Thrbugh the most disinterested and inexpressible goodness and love, G~d implanted in their souls what, not inappropriately we trust, may be termed a supernatural organism, closely paralleling their natural organism and admirably fitting them i~or their adopted life. This included sanctifying grace, corresponding to the human soul, the infused virtues and gifts of the Holy Spirit, analogous to human faculties, and actual grace to supplement God's natural cooperation in created activities. In virtue of habitual grace we 84 March, 1957 THE SUPERNATURAL LIFE share, in a finite degree, in the divine nature; we are God's'chil-dren and heirs of heaven. The infused virtues and gifts of the Holy Spirit perfect our faculties, and actual grace sets the organ-ism in action, enabling us to perform supernatural, meritorious deeds that confer on us a title to the vision of God and life e~ernal with Him. In addition to this supernatural organism the Creator bestowed on our first parents the prerogative of integrity, a preternatural gift excelling their natural constituents and implying the absence of concupiscence and the control of the passions, which, with-out rendering them impeccable, greatly facilitated the practice of virtue. By nature, too, man is incident to sickness and death, but a specific disposition of divine providence gave assur-ance to him of the immortality of his body. Finally, in order to ready Adam for his role as head of humanity, he was granted infused knowledge of the truths needful for the discharge of his unique responsibility. Such privileges implemented human nature with moral rectitude, adjusted it to the life of gr.ace, and, with the exception of infused knowledge, were not a pdrsonal endowment, but a family patrimony to be transmitted to us, conditioned on Adam's fidelity to God. To enable"them to .merit heaven, our first parents~ retained their freedom, the power of turning from real good to that which is btit apparent good. A divine precept was imposed on them. Satan tempted them to disobedience and because of pride and sensuality they succumbed. With the knowledge of God's liberality to them, His inalienable rights to their compliance, the gravity of the mandate, and the severity of the sanction, their willfulness implied a negation of the Creator's dominion and wisdom, and was a grievous sin. What were the consequences? God might have put them to death immediately, b'ut His goodness and mercy are in the fore. He forebore, and though they had forfeited sanctifying grace God condescended to retain in them the virtues of faith and hope. 85 DANIEL J. M. CALLAHAN Review for Religious Through actual grace He induced them to repent, forgave the .sin, and gave them the assurance of a redeemer who would vanquish the evil spirit and reinstate fallen humanity. Nor was their nature impaired, and though weaker in comparison with the energy it enjoyed through the prerogative of integrity, there~ is no conclusive evidence that it was more feeble than it would have been in a purely natural order. In lieu of inheriting their original patrimony, because of the sin of our first parents, we enter the world destitute of sanctifying grace, the infused virtues, the gifts of the Holy Spirit, integrity and immunity from sickness and death. Our situation is similar to that of a child born after the loss of the father's wealth through fault or financial failure: we have suffered a mo-mentous deprivation, but no injustice. The resultant struggle against our lower nature may be arduous and protracted, .but God will never be wanting with His grace and we can achieve victory. Having vividly depicted this inner conflict, St. Paul poses the question: "Unhappy man that I am, who will deliver me from the body of this death?" And he replies at once: "The grace of God through Jesus Christ." Salvation is attainable only through the grace merited ~or us by Christ. Impelled by purest love and measureless kindness, through the mystery of the Incarnation the Second Divine Person became one of us that through our incorporation in Him we may be one with Him. Through a life of obedience and self-abnegation, of adequate and even super-abundant reparation, our Blessed Lord compensated the divine majesty outraged by sin, rendered to God perfect praise, glory, service, and thus reinstated us in the supernatural life. Such is the Catholic dogma of the redemption, operative through the foreseen merits of Jesus from the Fall and effective for all time. Through the infusion of sanctifying grace original sir/ is remitted, and our natural faculties are properly orientated 86 March, 1957 THE SUPERNATURAL LIFE a.nd fortified by means of the infused virtues, .~the,gift~. of the Holy Spirit and actual graces. Christ established the Church,in which and through which He perpetuates His religion, a~suring to God perfect worship, and to us divine truth, wise guidance, and transcendent sanctity. The universal Mediator, the magnetic Ideal for all, through His transforming, divinizirig grace, remedies ~he disasters of sin, and through His sacraments and constant inspirations enables us to approximate the blessed statue of integ-rity forfeited through sin, thus restoring peace, s.ecurity, unioii here, and effortless beatitude in the life beyond. In conclusion, it may be well to assess our practical appr~ci.a-tion of the supernatural and of our superhuman dignity as chil-dren 6f God, brothers and sisters of Jesus. As religious we have superior advantages and we are circumscribed with every safe-guard. Profound faith, constant vigilance tempered with con-fidence, recollection, prayer, self-abnegation are the most appro-priate expression of our gratitude and the efficient means of expanding our new life in Christ, SOME BOOKS RECEIVED [Only books sent directly to the Book Review Editor, West Biaden College, West Baden Springs, Indiana, are included in our Reviews and Announcements. The following books were sent to St. Marys.] Nature: The Mirror of God. Report of the Thirty-Sixth Annual Meeting of the Franciscan Educational Conference, St. Anthony" on-the-Hudson, Rensselaer, N. Y., Aug. 16-19, 1955. By the Fran-ciscan Educational Conference, D.C. $3.50 (paper ~over). Hacia el origen del hombre. Pontificia, Comillas (Santender). The Bible and the Liturgy. Capuchin College, Washington 17, By V. Anderez, S.J. Universidad 120 pesetas (paper cover). By .Jean Danielou, S.J. University of Notre Dame Press, Notre Dame, Indiana. $5.25. The New Ritual: Liturgy and Social O~der. Proceedings of the National Liturgical Week, Worcester, Mass., 1955. By the Liturgical Conference, Elsberry, Mo. $2.00 plus 8c postage (paper cover). The Family Rosary Novena. By Leo M. Shea, O.P., and William Sylvester. Catholic Art Services, Inc., 500 South 4th St. Minneapolis, Minn." $1.00 (paper cover). 87 The I:: lucat:ion and Format:ion ot:: Religious Priest:s Pope Pius XII [EDITORS' No'i~E: This apostolic constitution was issued May 31, 1956, under the title Sedes Sa~ientiae. It states the general principles which are to govern the formation of religious destined for the priesthood. Many of these principles, we think, will be of interest to all religious. The original Latin text appeared in the ilcta/l~ostolicae Sedis, 1956, pp. 354-65.] sEAT OF WISDOM, Mother of God Who is the Lord of all k~owledge, and Queen of the Apostlesmsuch is the Most Blessed Virgin Mary, to whose honor We dedicated an entire holy year. With special reason, then, is she considered the Mother and Teacher of all those who embrace a state devoted to. the acquiring of perfection and at the same time st'~ivd to carry on the apostolic warfare of Christ the Highpriest. The pursuit of so excellent a vocation--religious, and at the same kime priestly and apostolic--urgently demands for its effective realization the leadership and assistance of her who has been appointed the~ Mediatrix of all graces pertaining to sancti-fication and who is rightly called the Mother and Queen of the Catholic priesthood and apostolate. We earnestly implore her favor, therefore, that just as she has procured for Us light from above in framing these regulations, so she may by her. protection assist those whose duty it will be to put them into effect. In the gracious kindness of God's providence it has hap-pened that, throughout the centuries, Christ the Redeeemer has breathed into souls of His predilection in an interior and, as it were, mysti~ conversation that invitation once offered in His living voice to the young man who asked Him about eternal life: "Come, follow Me" (Mt. 19:21). Some of those who by the grace of" God heard that call and like the holy apostles pro-claimed, "We have left everything and followed Thee" (Mt. 88 RELIGIOUS FORMATION 19:27), were also made by our Lord "fishers of men" (Mt. 4:19) and "laborers" chosen by Him to be sent "into His vinyard" (Mt. 9:38). This double vocation occurs today just as in former times, since the union of the states of religious perfection with the priestly dignity and apostolic ministry has become daily more frequent and intimate. For, generally speaking, the monks of antiquity wer.e not priests. The few among them who were forced almost of necessity tb accept the prie.sth.ood in order to convert men to Christianity were somewhat drawn away from their own Rule. In later times the mendicants, although imbued~ with an admirable apostolic zeal, were not all required by their Rule to be priests. Even the holy Father of Assisi himself was not a priest. The canons regular on the contrary, and especially the clerks regular, by a special divine vocation received and exer-cised sacred orders. Finally, innumerable congregations and so-cieties of common life imitated them as clerical institutes. To these are added in our own day (fo~ ~God always provides for the needs of each age) some secular clerical institutes. Besides, at the present time, even in the older orders of the Latin Church which are not formally lay orders, all the mem-bers, with the'exception of those who ard called coadjutors or conversi, are destined for the priesthood, which is, in fact, a strict requirement for those who govern these orders. Consequently, in our time the Church has the benefit of a great host of ministers who devote themselves both to the acquisi-tion of. perfection by the practice of the evangelical counsels and to the fulfillment of the priestly office. This multitude of men constitutes what is called the religious clergy, side by side with those who are called the secular or diocesan clergy. Both are vigorous and flourish in the spirit of fraternal emulation and fruitfully assist one ariother under one and ihe same supreme authority of the Roman Pontiff, with due respect, of course, to the power of the bishops. 89 P~us XII Review for Religious In'order to attain properly 'and surely their double end, it ~must be evident to all that the religious clergy need wise norms by which to guide and promote their education and formation, whether it be religious or clerical and apostolic. Hitherto this need has been satisfied chiefly by the stitutions and' statutes ~of each group by which the training of the young men and their course of studies are regulated; and, of course, prescriptions and regulations of the Holy. See are' not completely lacking. Still, a set of general, coordinated, and more complete, norms which would be supported by the apostolic authority and which would be universally obseived has long been desired in order that this important work, which is of the highes.t moment for the good of souls, may be placed on a sedure foundation .and with continuous and fitting effort~ may be fruit-fully developed and perfected. So excellent a work requires the constant vigilance of the Apostolic~ See itself. Indeed, the diocesan seminaries, which are institutions for the common good in the Church, are under the active care and perpetual control of the Sacred Congregation of Seminaries and Universities. By the same token schools which are recognized and sanctioned by the Church as proper to those who are tending to perfection are likewise institutions for the common good and are subject to the authority of the Sacred Congregation for Religious. It was for these many reasons that, by Our apostolic author-ity, we ratified in 1944 within the Sacred Congregation for Religious, "the erection and establishment of a special committee or commission of qualified men who are to investigate all the questions and matters in any way" pertaining to the religious and clerical education of aspirants, novices, and junior members of any religious order or.society of men living the common .life without vows and also their instruction in letters, the sciences, 'and the ministry" (AAS 36 (1944), 213). 90 March, 1957 RELIGIOUS FORMATION This committee was ~made up of experienced men from different religious bodies and different nations. When the gen-eral congress of the states of perfection was called in 1950, all the existing documents which were relevant had been examined, details of information had been gathered from all parts of the world in accordance with the circular letters sent to all general superiors, and an immense file had been accumulated. After-wards, using various appropriate proposals suggested during the congress, the commission reconsidered and revised the schemata already prepared and finally submitted them for Our approval. Now, therefore, We are issuing a number of statutes, with a preamble containing certain fundamental principles and norms concerning the education and formation--religious as well as priestly and apostolic--of candidates. These principles and norms are to be kept in mind at all times by everyone concerned. II. In the "first place, We wish it to be clear to all th~it the foundation of this entire life, which is called the divine vocation, whether it be religious or priestly and apostolic, consists of two essential elements, one divine and the other ecclesiastical. In regard to the first, the vocation from God to enter the religious or priestly state is so necessary that, without it, the very founda-tion on which the whole edifice rests must be said to be wanting. If God does not call a candidate, His .grace does not move 'nor help him. Indeed, a true vocation to any state must be regarded as, in a measure, divine, in the sense that God Hims.elf is the principal author of all states and all dispositions and. gifts, whether natural or st~pernatural. Bu~ this is especially true of a religious and priestly vocation which is resplendent with so sublime a title and which abounds with so many natural and supernatural endowments that it cannot but "descend from the Father of lights from whom every best and perfect gift comes" (James 1:17). 91 PIUS XII Review for Religious The second element of oa religious and sacerdotal vocation, as the~ Roman Catechism teaches, is this: "Those are said to be called by God who are called by the lawful ministers of the Church." This by no means contradicts the things We have said about the divine vocation; rather it is most closely associated with them. The divine vocation to the religious and clerical itate means that one is destined to lead publicly'a life of self-sanctifiCation and to exercise a hierarchical ministry in the Church which is a visible and hierarchical society. Consequently, this vocation must be authoritatively approved, accepted, and controlled by the hier-archical superiors to .whom the government of the Church has been divinely committed. All who are charged with the task of bringing to light and testing such vocations must be alert to these truths. They must never in any way force a person to embrace the priestly or religious state, nor may they persuade or accept anyone who does not clearly show the true signs of a divine vocation. Similarly, no one must be urged to the clerical ministry who indicates that he has received from God a vocation only to the religious life. Moreover, those who have° been given the gift of a religious vocation must not be pressed or drawn into the secular, clergy. Finally, let no one be turned from the priestly state who is known by definite signs to be divinely called to it. Evidently, then, those who aspire to do service as clerics in the state of perfection and for whom these norms are estab-lished must have at the same time all those qualities which are required to constitute a multiple vocatibn of this kind, religious as well as sacerdotal and apostolic. Consequently, all the gifts and qualities which are considered n~c'essary for the fulfillment 6f divine offices so sublime ought to be found in them. III. Moreover, the ~eeds of the divine vocation and the qualities required for it, even when present, obviously need education and 92 March, 1957 RELIGIOUS FORMATION formation to develop and mature. Nothing is immediately perfect at birth, but attains perfection by degrees. In regulating this development all the circumstances both of the person who has been divinely called and of place and time must be taken into account in order that the desirdd end may be effectively reached. The education and formation of the junior members, therefore, should be thoroughly sound, enlightened, solid, and complete. It should be wisely and courageously adapted to present-day needs whether internal or external. It ought to be assiduously developed and watchfully tested with regard to the perfection both. of the religious and of the priestly and apos-tolic life. We know from experience that only proven and well-chosen teachers can do'.all this. These men.mult not only be eminent in learning, prudence, and the discernment of spikits and well-equipped by their varied experience of men and affairs and by their other human gifts; but they must also be filled with the Holy Spirit and that sanctity which will make them an example of virtue before the eyes of the young men. In the whold matter of education, certainly, men are more atkracted by virtue and a good life than by words. In the accomplishment o~ this important task, ~:he first rule for the educator should be that which our Lord proclaimed in the Gospel: '!I am the good shepherd, the good shepherd gives his life for his sheep , . . I am the good shepherd, and I 'know Mine. and Mine know Me" (Jn. 10:11, 12, 14). St. Bernard expressed the same rule in these words: "Learn that you must be mothers of your subjects and not lords: strive rather to be loved than to be feared'~ (Sermon 23, On the Canticles). The Council of Trent likewise frequently exhorts that ecclesiastical superiors "must first be admonished to remember that they are shepherds and not tyrants and that they must so rule their subjects as not to domineer over them but to :love them as sons and younger brothers. They ought to endeavor by exhortation and admonition 93 PIUS XII Review for Religious to deter them from what is unlawful lest they be compelled to administer due punishment after faults have been committed. Yet if, through human frailty, their subjects have done wrong, t.hey must observe the precept of-the Apostle, and reprove, entreat, rebuke them in all kindness and patience. Benevolence towards those who need correction is certainly more efficacious than severity, exhortation is better than threats, and charity accomplishes more than force. If on account of the gravity of the offense, there is need of the rod, then rigor must be tem-pered with gentleness, justice with mercy, severity with clemency. Thus, without harshness, the discipline so salutary and necessary for public order may be maintained; those corrected may amend their ways; or, if they are unwilling to repent, others may be deterred from wrongdoing by the wholesome example of their punishment" (C.I.C.c. 2214, § 2; Conc. Trid. sess. XIII de ref. cap. 1). :~ Moreover, let all those who in any way are charged with the instruction of candidates remember that this kind of education and formation demands an organic progression in which all suitable resources and methods are used according to circum-stances. The whole ~nan must be considered under every aspect of his vocation so that he may be molded in every part into "a perfect man in Christ Jesus" (Col. 1:28). As to the means and techniques of training, manifestly those based on nature itself and those which are supplied by the human research of our day, if they are good, are not to be despised. In fact, they should be highly esteemed and wisely used. Nevertheless, no error could be worse, in the formation of such select subjects, than to rely solely or too much on natural means of this kind, and to esteem of less importance or to neglect in any waylthe instruments and resources of the supernatural order. Indeed, to attain religious and clerical perfection and an abundance of apostolic fruit, the supernatural means, such as the sacraments, prayer, mortification, and others of this kind ~ire not merely neces-sary but primary and altogether essential. 94 March, 1957 RELIGIOUS FORMATION While keeping this proper order of procedures and means, however, nothing should be neglected that conduces in any way to the perfection of body and mind, to the: cultivation .of all the natural virtues and to the vigorous formation of the whole man. Thus, the supernatural formation, whether religious or priestly,' will adhere to a very solid foundation of natural goodness and cultivated humanity. Surely, the way to Christ becomes easier and more secure for men, io the extent that there appears in the person of the priest "the goodness and kindness of God our Savior" (Tit. 3:4). Although the human and natural formation of.the religious clergy is to be highly esteemed by all, there must be no doubt that supernatural sanctification of the soul holds the first place in the total course of training. For if the admonition of the Apostle pertains to every-Christian: "This is the will of God, your sanctification" (I Thess. 4:3), how much more does it apply to a man who has not on!y been enriched by the priegt-hood but who has p-ublicly professed his intention of striving for evangelical perfection itself? Indeed, by his office he becomes an instrument for the sanctification of others. Upon his own sanctity, therefore, depend in no small measure the salvation of souls and the spread,of the kingdomof God. Let everyone, then, in those states devoted to the acquisition of evangelical perfection remember and frequently consider be-fore God that they do not sufficiently fulfill the duties of their profession if they avoid grave sins or, with God's help, even venial sins. It is not sufficient to carry out only materially the precepts of superiors nor even to observe the vows or the obligations by which one is bound in conscience. It is not sufficient, finally, to obey one's own constitutions, according, to which, as the Church commands in her sacred canons, "each and every religious, superior as well as subject, is bound to order his life . . . and thus tend to the perfection of his state" (C.I.C. c. 95.3). All this they must do with full spirit and a burning 95 Review fo~¯ Religious love, not just from necessity, but also "for conscience's sake" (Rom. 13:5). Assuredly, if they are to ascend the heights of sanctity and to show themselves living fountains of Christian charity to all, they must be on fire with unbounded love towards God and neighbor and be adorned with every virtue. IV. When provision has been made for the sanctification of ,the soul, care must also be given to the most exact intellectual and pastoral education of the religious clergy. In view of its importance and aware of Our supreme duty, We desire to set forth and to recommend somewhat more fully the principles concerning this education. Both solid instruction, 'which is complete in every respect, and intellectual formation are most necessary for such religious. This need is clearly and fully deduced from the threefold dignity, religious, priestly, and apostolic, which they assume in the Church of God. The principal duty of religious men is to seek God alone and, adhering to Him, to contemplate divine things and transmit them to others. ' They must remember, however, that they can in no wise rightly and fruitfully fulfill this holy duty and attain to sublime union with Christ, if they lack that copious, profound, and ever more perfect knowledge of God and His mysteries which is derived from sacred learning. It is the priestly dignity of one who is distinguished as an ambassador of the Lord of all knowledge that causes him with special appropriateness to be called "the salt of the earth" and "the lightof .the world" (Mt. 5:13i 14). This dignity demands a full and solid training especially in ecclesiastical subjects, those, namely, which can nourish and strengthen the spiritual life of the priest himself and keep him free from every error and unsound novelty. This learning, besides, will make him a faith-ful "steward of God's mysteries" (I Cor. 4:1, 2) and a perfect 96 March, 1957 RELIGIOUS FORMATION" man of God, "fully equipped for every good deed" (II Tim. 3:17). Each member of the states of perfection fulfills his apostolic office in the Church according to his own vocation--by pious sermons to the people, the Christian education of boys and young men, the administration of the sacraments and especially penance, missions to unbelievers, the direction of souls in the spiritual life, or by his very manner of daily living with the people. Such works, however, will not be able to bring forth rich and long-lasting fruit~ unless the ,religious themselves have thoroughly learned the sacred teaching and deeply penetrated it by continual study. In order to achieve this solid and complete intellectual education and formation, in accordance with the natural progress of the .young men and the orderly distribution of studies, the superiors should diligently see to it that, with respect to the knowledge of letters and other subjects, religious students "be at least equal to the lay students who are following the same courses. If this is secured, the minds of the students will b'e more exactly developed anda selection can be made mbre easily at the proper time" (Plus XII, iVlenti noslrae, 23 Sept. 1950). Likewise, the young men will have been prepared for a more profound understanding of their ecclesiastical studies and equip-ped with suitable aids. Only qualified and carefully selected teachers should in-struct in the fields of philosophy and theology, and everything enjoined by the sacred canons and the prescriptions of Our predecessors as well as Our own must be religiously observed: Due reverence for and absolute fidelity to the ecclesiastical magis-terium especially should be professed always and everywhere and should be instilled into the minds and hearts of the "students. They should learn that prudence and caution must always ac-company the diligent and commendable investigation of' new questions which arise with the progress of the times. The method; 97 P~us XII Review fo~" Religious teachings, and principles of the Angelic Doctor are to be retained and universally followed in the philosophic and theological edu-cation of the students. With Aquinas as guide and teacher, all ought to teach theology according tO a method at once positive and what is called scholastic. In the light of the authentic magisterium, the sources of divir~e tevelati, ot~ 'should be accurately scrutinized' with the help of all suitable aids. Then let the treasures of truth thus obtained be clearly developed and effectively defended. Since the dep'osit of revelation his been entrusted solely 'to the magisterium of the Church' for authentic interpretation, it must be faithfully ex-plained not in a merely human way, by private jhdgment, but according to the sense and mind of the Church. Let the teachers of Christian philosophy and theology know, therefore, that they do not teach in their own right and name but only in the name and by the authority of the Church and hence under her watch-ful direction. From her they have received the canonical mission to exercise their ministry. Wherefore, while due liberty of opin-ion is preserved in matters which are still disputed "they must remember well that the faculty to teach has not been given them in order that they may communicate to the students their own conjectures and opinions of their subject, but that they may im-part to them the approved doctrines of the Church (St. Pius X, Motu proprio Doctoris Angelici, 29 June, 1914). Moreover, let all, both teachers and students, keep in mind that ecclesiastical studies do not aim merely at intellectual train-ing but strive for an integral, solid formation, whether religious or priestly and apostolic. Hence, they are not to be directed simply to the passing of examinations but to the impressing of a form, so tospeak, on the minds of the students, a form which will never" slip away, and from which, when the occasion arises, the student can always draw light and strength for his own needs and the needs of others (Cf. Plus XII, Address to Students, 24 June, 1939). 98 March, 1957 RELIGIOUS FORMATION To this end, intellectual instruction must first of all be closely joined with zeal for prayer and the contemplation of divine things. It must be so complete that no part of the pre-scribed subjects is omitted. It must be coherent and in every respect so compact and sound that all the subjects harmonize and form one solid and properly ordered system. It must also be wisely adapted to refuting the errors and meeting the needs of our day. It should include modern findings and at the same time be very much in harmony with venerable tradition. Finally, it should be effectively directed to carrying out fruitfully pastoral duties of all kinds. As a result, future priests who are so in-structed will be able to set forth and defend sound doctrine easily and accurately in sermons and catechetical instructions to learned and unlearned "alike, to administer the sacraments pro-perly, to promote actively the good of souls, and to be useful to all in word and deed. Assuredly, all that We have thus far said about the spiritual and intellectual formation of students especially tends towards and is clearly necessary for the molding of truly apostolic men. In fact, if due sanctity, and learning are wanting in a priest, obviously everything is wanting. Nevertheless, in order to satisfy Our most serious duty, we must add here that, besides sanctity and adequate knowledge, the priest certainly needs a careful and thorough pastoral preparation to fulfill his apostolic min-istry properly. In this way true skill and readiness in under-taking the multiple works of the~ Christian apostolate will be pro-duced and developed. It is clear that, if diligent preparation in theory, in technique, and in the skill acquired by long practice is an ordinary pre-requisite for the exercise of any art, then the formation required for that which is deservedly called the art of arts must be equally diligent or rather more exacting and profound. 99 PIus XII Review fo~" Religious This pastoral formation of the students is to begin as they enter upon the course of studies; it is to be gradually perfected in the course of time; and the final consummation is to be achieved, when the theological course is completed, through a special period of probation. According to its special end, each institute ought to strive, in the first place, ,that those who are to. be the future ministers and apostles of Christ should be solidly and deeply imbued with and practiced in the apostolic spirit and virtues, according to the mind of Chriit Himself. They' should have an ardent and most ptire desire to promote the glory of God; an active and burning love for the Church, both in protecting her rights and in preserving and spreading her doctrine; an inflamed zeal for the salvation of souls; a supernatural prudence in word and deed united with evangel-ical simplicity; a humble abnegation of self and complete submis-sion to superiors; a firm confidence in God and an acute aware-ness of their own duties; manly ingenuity in undertaking works and constancy in pursuing them once begun; a great soul pre-pared to do and suffer anythingf even the hardest; finally a Christian amiability and human kindness which will draw all men. There is, besides, another end to be sought in imparting pastoral training, According to the level of progress in studies, the students should be instructed in all those subjects Which are especially conducive to forming in. every way the "good soldier of Christ Jesus" (II Tim. 2:3) and to equipping him with proper apostolic weapons. Hence, in addition to the philo-sophic and theological studies, which, should also be suitably ordered to pastoral activity, as We have said, it is very necessary that instruction be given to the future shepherds of the Lord's flock in psychology ,,and pedagogy, in didactic and catechetical methods, and in other social and pastoral matters, under experi-enced teachers and accor~ling to the norms of this Aposto!ic. See. This training should correspond to modern advances in these subjects and make the young men fit and ready for the mani-fold needs of the preserit-day apostolate. 100 March, 1957 RELIGIOUS FORMATION In order that this doctrinal education and formation in apostolic matters may be confirmed by use and practice it should be accompanied by exercises which are wisely adapted to the level of development and prudently regulated. We desire that these exercises be carried on, perfected, and continually strength-ened, after the promotion to the priesthood, in a special pro-bation under experienced men who will direct by their teaching, advice, and example while at .the same time the sacred studies are continued without interruption. Now that We have stated these general principles by which the work of education of the teachers and students are to be molded and directed, We decree and declare, after mature and thorough deliberation, with certain knowledge and with the fullness of. apostolic authority, that the general norms under each heading of serious import are~ to be observed by all to whom they pertain. We also grant to the Sacred Congregation for Religious the power to implement under Our authority .and by means of ordinances,, instructions, declarations, interpreta-tions, and other such documents the General Statutes already approved by Us. The same Sacred Congregation is authorized to take all the steps that will tend to the faithful observance of this constitution, the statutes, and their ordinances. Everything to the contrary notwithstanding, even though worthy of special mention. Given at Rome, from St. Peter's, the thirty-first day of the month of May, feast of the Blessed Virgin Mary, Queen of the World, in the year of Our L~rd one thousand nine hundred and fifty-six, the eighteenth of Our pontificate. PIUS XII POPE 101 Survey oJ: Roman Document:s THE PRESENT ARTICLE will survey the principal Roman documents which appeared in the ~!cla/l/~osto!;cae Se~/is (AAS) during the period June 1, 1956, to September 30, 1956, inclusive. It should be noted that in the course of the article all page references to AAS, unless otherwise noted, are to the 1956 AAS (volume 48). During the four month period of this survey, only one document was published in AAS that directly referred to religious life. This document was an instruction of the Sacred Congrega-tion of Religious, issued on March 25, 1956 (AAS, pp. 512- 526). The instruction deals with.the cloister of those religious women who in strict canonical .terminology are called nuns. Henceforth, the document states, all nuns, even those who, by temporary exception, pronounce only simple vows, must accept and retain either major or minor papal cloister if they wish to retain the name and canonical status of nuns. Since Father Gallen in the January, 1957, issue of I~EVlI~W FOI~ RELIGIOUS (pp. 36-56) has adequately covered the detailed legislation on major and minor cloister that is contained in the instruction, there is no need to include a summary of the document in the present article. The Church and the Life of Worship Since religious by vow and by name have a special relation' to that virtue of religion which is concerned with the worship due the Divine Majesty, it is fitting that the next documents to be considered should be those which deal with public or pri-vate worship and with the Church in which the life of worship should be exercised. 102 ROMAN DOCUMENTS On September 2, 1956 (AAS, pp. 622-627), the Holy Father delivered a radio message to the city of Cologne, Germany, where German Catholics had gathered to attend the Eighty-seventh Congress. of German Catholics. Taking as his own the general theme of the Congress "A sign to the nations," the Pontiff proceeded to outline three ways in which the Church today is clearly and truly a sign to the nations of the world. The first way in which the Church is such a sign derives from the consid-eration that, ~although erroneous ideologies of the last century have attempted to introduce themselves into the Church, still she has always kept safe and intact all the dogmatic truths confided to her by her divine Founder, Christ our Lord. The Church's social teaching, both" in the past and in the present, is the second reason why the Church today continues tO be a sign to the nations. The third reason why today's Church continues to fulfill the prophecy of Isaias is to be found in the persecutions which the Church has undergone in recent years, for these persecutions show clearly that the Mystical Body which is the Church i~ even now participating in the wounds of Christ her Spouse. The public worship of the Church is in some way touched upon by the Holy Father in two documents from the period surveyed in this article. The first of these documents gives the text of the radio address delivered by Pius XII on May 6, 1956 (AAS, pp. 475-480), to the Fifteenth National Eucharistic Con-gress of Italy. The speech, though brief, gives a moving descrip-tion of the need that the modern world, splintered and divided by hatreds, has for the Eucharist which is the sacrament of unity and the bond of charity. The second document which is concerned with the life of worship also concerns the sacrament of the Eucharist, being a message sent on June 25, 1956 (AAS, p.p. 578-579), by the Holy Father to the. Sixteentl~ National Eucharistic Congress of France. The Vicar of Christ has only piaise for the priests and 103 Review for Religious faithful of France because of their desire for a living celebration of the liturgy of the Church; but he also reminds them that to this must be joined an intelligent and fervent devotion to Christ present in the tabernacles of their churches. In the life of the priest especially, continues the Pontiff, nothing can replace long and quiet prayer before the Blessed Sacrament. During the four months surveyed in this article the Holy Father has also contributed to the private worship and devotions of Catholics by personally composing and publishing three prayers enriched with partial indulgences (AAS, pp. 592-59J; 641-642). The first prayer is a prayer to be said l~y priests for the sanc-tification of priests. The second prayer is for the same inten-tion but to be recited, by the faithful. The third prayer is one composed in honor of our Lady, the Mother of Orphans. A partial indulgence of a thousand days is granted each time any of these prayers is recited; as is clear fi'om the nature of the first prayer, the indulgence attached to it can be gained only by priests. Medicine and Morality On May 8, 1956 (AAS, pp. 454-459), the Holy. Father addressed a group of coronary specialists. The body of the Pope's allocution consisted of a remarkable survey of the'history of recent heart research and manifests a surprising grasp of contemporary problems and difficulties in the treatment of heart diseases. The introductory and concluding "paragraphs of the allocution are also noteworthy for the Christian conception of care for the sick which they suppose and imply. At the beginning of his allocution the Holy Father recalls that bodily pain affects the entire man even to the deepest recesses of his moral being; for it compels a man to. reconsider his pur-pose in life, his attitude .towards God and neighbor, and the meaning of his existence on thik earth. Hence medical science, if it wishes to be truly humane, should also treat the entire man. It is here, continues the Pontiff, that medicine 'experiences its 104 March, 1957 ROMAN DOCUMENTS own weakness, for it has .neither the authority nor the power to enter the realm of the human conscience. Medical science then must seek elsewhere that further aid which will extend and com-plete the work of medicine itself. At the conclusion of this same allocution Plus XII has oc-casion to mention the necessity of stressing the prevention of heart disease by the observance of those laws of hygiene which are dictated by the very structure and functioning of the human body.~ These laws of hygiene, he adds, should occasion the re-membrance of a higher disciplinemthat of the human spirit-- which consists in large part in a humble submission to the world as God has created it and to human society with the laws that govern it. Moreover, the recognition of God's sovereignty and of His merciful interventions in the history of mankind will lead to the acceptance" of pain and even of death; death, indeed, will lead man to the presence of God and it is this ultimate conclu-sion of the drama of human life that enables the sick to accept pain and that gives to those who care for the sick a real understanding and an efficacious program of aid. A few days after the preceding address, the Holy Father spoke to another group of medical men, this time eye specialists (AAS, pp. 459-467). The main topic of the allocution centered around the moral issues involved in the transplantation of a cornea "from a dead human body to a living person. Before considering this matter, however, the Holy Father took time to clarify certain other points which deserve mention here. The first point is concerned with the morality of hetero-grafts, that is, with the transfer of tissue or organs from animals to men. The morality of such transplants, says the Pope, must be determined by considering what tissue or organ is involved in the transfer. To transfer animal sex glands to a human body is immoral while the transfer of an animal cornea to a human eye causes no moral difficulty, providing the transfer is bio-logically possible and warranted. 105 R. ~F. SMITH Review for Religious The Pontiff then considers an argument sometimes used to justify the removal of the organs required in transplantations from one human person to another. The .argument, remarks the Holy Father, states that just as in the case of a single human being it is permissible in cases of necessity to sacrifice a particular organ for the good of that individual's organism considered as a whole, io also it should be equally permissible to sacrifice a member or an organ of an individual for the sake of that other organism or totality, "humanity," which is present in the person of a suffering patient. Pius XII, however, is quick to point out that this argument neglects the essential difference that exists between a physical organism and a moral one.1 In the physical organism of an indi-vidual human being, the members or-parts are so absorbed into that organism that they possess no independent existence and have no end other than that of the total organism. On the con-trary, in a moral organism such as humanity individual human beings are but ~unctional parts of that organism, which, there-fore, can make demands of them only on the level o~ action. As far as physical existence is concerned, individual human beings are in no way dependent on each other or on humanity. Humanity then has no right to make demands on individuals in the realm of physical existence. Hence, concludes the Holy Father, "humanity" can not demand the excision of an organ of an individual human, being, for such a demand moves principally in the realm of physical existence. The Vicar of Christ turns now to a consideration of the main theme of the allocution: the morality of the transfer of a cornea from a dead human body to the eye of a living person. Morally speaking, states the Holy Father, there is no objection 1The matter of physical and moral organisms has been considered by the Holy Father previously. Not all theologians have agreed in the interpretation of the Pope's teaching; for an introduction to the entire question, see Gerald Kel|y, S.J,, ~'Pope Pius XII and the Principle of Totality," T/~eological Studies, 16 (1955) 373-96, and "The Morality olc Mutilation: Towards a Revision of the Treatise," Theological Studie~, 17 (1956) 322-44. 106 March, 2957 ROMAN DOCUMENTS to such operations considered in themselves. On the one hand, such operations correct a defect in the patient; on the other hand, such operations do not violate any property riglits of the dead body, for a corpse is not the subject of rights. This last statement does not mean, he continues, that there are no obligations whatsoever with regard to the corpses of human beings. On the contrary, it is morally erroneous to regard a human corpse as on exactly the same level as the dead body of an animal. There remains in a human corpse, something of the dignity that belonged to it as an essential part of a human person; it was made to the "image and likeness of God"; to it in a cer-tain sense can be applied the words of the Apostle (I Cor. 6: 19) : "Know you not that your members are the temples of the Holy Ghost, who is in you?"; and finally this dead body is destined for resurrection and eternal life. None of this, adds the Holy Father, prevents the use of human corpses for legitimate medical study and research. The removal of the cornea from a human corpse, the Roman Pontiff goes on to say, can become illicit if it involves a violation of the. rights and feelings of the parties who are re-sponsible for the body. Neither would it be equitable that only the bodies of poor patients in public clinics and hospitals should be destined for such medical and surgical use. The Pope concludes by pointing out that public authority must likewise show respect and ~onsideratidn for human corpses. Moreover, the rights of the next of kin should be honored by public authority, though in cases where there is suspicion of death from criminal cause or where danger to public health is involved it may be necessary to give human corpses into the charge of public authority. Membdrs of the Second World Congress on Fertility and Sterility were addressed by the Holy Father on May 19, 1956 (AAS, pp. 467-474). His Holiness points out that the work of the Congress with regard to the causes and cure of involuntary 107 R. F. SMITH Review for Religious conjugal sterility is most important. Such sterility, he says, is a matter not only of social and economic concern, but it also in-volves s1~ritual and ethical values. It is eminently human that man and wife should see in their child a full and complete expres-sion of their mutual love and surrender. For this reason invol-untary sterility can be a serious danger to the stabil!ty of their union. Moreover, marriage unites two persons in a common march to.wards an ideal: the achievement of those transcendent values which the Christian revelation proposes in all their gran-deur. The married couple pursue this ideal by. consecrating themselves to the attainment of the primary end of marriage, the generation and education .oi: children. Fatherhood and motherhood, then, constitute the end to which all other aspects of n~arried life are subordinate. As the Church has always taught, the common, external life of man and wife, their personal enrichment eve~ intellectually and spiritually, and the spiritual profundities of their married love have all been placed by the Creator at the service of posterity. The Church, moreover, has steadfastly avoided the mentality which separates in the act of generation the biological activity from the personal relationship of the married couple. On the contrary, the biological conditions of generation must be placed in the unity of the human act of conjugal union which involves organic functions, sensible emotions, and the animating spiritual and disinterested love. These difl:erent aspects, says the Holy Father, may never be separated to the point of positively excluding either the pro. creative intention or the conjugal relationship. The relation-ship which unites the parents to their child°is rooted, it is true, on the organic level; but its deepest roots are to be found in the deliberate choice of the parents whose will to give themselves to each other finds its true flowering in the being which they bring into .the world. Only such a consecration could guarantee that the education of the children would be carefully, courageously, 108 March, 1957 ROMAN DOCUMENTS and patiently provided for. Human fecundity, then, over and beyond the physical level, reveals essential moral aspects which it is necessary to consider even when treating that fecundity from a medical viewpoint. These moral aspects, the .Holy Father warns, must always be kept in view when methods of artificial insemination are con-sidered. Indeed, if by artificial insemination is meant fecunda-tion that is achieved entirely apart from that human act that is naturally the cause of human conception, then such artificial insemination must be completely avoided. Such insemination exceeds the limits of the marriage contract which gives the couple the right to exercise their sexual powers only through the natural accomplishment of the marriage act. Nor can such artificial fecundation be justified by reason of the intended offspring; for the matrimonial contract is not concerned with such intended off-spring, but with the natural acts which are destined for the engendering of new life. Moreover, the Holy Father's audience was reminded, any method of procuring human semen by direct, voluntary, and solitary exercise of the procreative faculty is like-wise forbidden; such actions, being of their very nature illicit, may never be permitted in any circumstances. The Vicar of Christ concludes his a11ocution with words that will have special meaning for all religious. He recalls to his listeners' minds a fecundity far higher than that of natural human fecundity. This higher fecundiCy is that of lives entirely consecrated to God and to neighbor; this fecundity involves the entire renouncement of family life, not indeed from a fear of life and its struggles, but from a realization of the destiny of man and of that universal love which no carnal affection is able to ¯ restrict. This, says the Holy Father, is the most sublime and the most enviable fecundity possible to a human being, for it transcends the bio.logical level to enter that of the spirit. As a conclusion to this sect.ion, it may be noted that on June 3, 1956 (AAS, pp. 498-499), the Holy Father gave a short 109 R. F. SMITH Review for Religious address on the nature and purpose of Canon Law in the life of the Church. Finally, the decisions of the Rota for the year 1955 may be found in AAS, pages 375-436. Miscellaneous Topics Several Roman documents between June 1 and September 30 were concerned with the saints of the Church. In two radio addresses, one to Rouen, France, the other to Loyola, Spain, the Holy Father gave clear proof that his oratorical powers are unabated. In the address to Rouen, the Pope, after giving a remarkable analysis of the Christian ideas and spirituality that shine forth in the very structure of cathedrals like that of Rouen, delivered an inspiring panegyric of St. Joan of Arc, praising her fidelity to her vocation, her consecration to an ideal, and the generosity of her total sacrifice. In the address to Loyola, the Holy Father (AAS, pp. 617-622) gave a spiritual profile of St. Ignatius Loyola, saying that the saint was characterized by the purest love of God which flowed over into an unconditional service of Christ manifested by intense love of the Church, the Spouse of Christ, and by total obedience to the Roman Pontiff, the Vicar of Christ on earth. The Sacred Congregation of Rites published several docu-ments dealing with one or other phase of the process that leads to the canonization of saints. On May 22, ~956, the Congrega-tion ?fficially acknowledged the two miracles necessary for the beatification of Pope Innocent XI (AAS, pp. 531-533). The same congregation also approved on February 19, 1956, and May 22, 1956 (AAS, pp. 584-586; 634-637), the introductioa of the causes of the following servants of God; Joseph Mary Cassant (1879-1903); Theodora Guerin (1798-1856); and Vic-toria Rasoamana?ivo ( 1848-1894). Next to be noted are documents that pertain to the intel-lectual life of the Church. By, an apostolic letter dated June 5, 1956 (AAS, pp. 493-496), the Holy Father established new 110 March, 1957 ROMAN DOCUMENTS statutes for the Pontifical Roman Academy of Theology; the most important change is that the Academy besides its forty constitutive members may now have corresponding members throughout the world, the number of which is not limited. The Sacred Congregation of Seminaries and Universities (AAS~ 589- 590; 637-638) gave to the Institute of Social' Sciences of the Gregorian Univ~ersity, Rome, and to the similar institute of the Angelicum, also in Rome, the perpetual r!ght~ to grant academic degrees. The same Congregation, (AAS, pp. 638-639) gave the theological fa~.ulty of the Marianum the perpetual right to grant academic degrees up to and including the doctorate in sacred theology. One epistle and three addresses of the Holy Father deserve at least a passing word. On June 29, 1956 (AAS, pp. 549-554), His Holiness sent an apostolic epistle to Cardinals Mindszenty, Stepinac, and Wyszynski. This poignant epistle encourages the three cardinals and the faithful entrusted to them to show cour-age in the face of their difficulties and to exercise their zeal by letting the light of Christ shine before men. On May 6, 1956 ('AAS, pp. 449-453), Pius XII addressed the members ot: the Swiss guard on the occasion of the four hundred and fiftieth anniversary of their being founded; the Pope took the occasion to praise their loyalty to the Holy See. On June 3, 1956 (AAS, pp. 499-503), the Pontiff addressed an audience composed of women, engaged in domestic service "in Rome, urging them to rejoice in the silent martyrdom of their daily life and to take a holy pride in their life of service and obedience, since their obedience is not to men but to God who commands in all legitimate authority. On July 1, 1956 (AAS, pp. 573-577), the Vicar of Christ spoke to Italian members of the third order of St. Francis, reminding them .that they should be a school of genuine Franciscan spiritua.lity with a Franciscan doctrine of God, a Franciscan way of contemplating Christ, and a Franciscan way of imitating Christ. 111 QUESTIONS AND .ANSWERS Review for Religious Finally, it should be noted that on June 27; 1956 (AAS, p. 508), the Holy Office placed on the Index of Forbidden Books the two following titles by Simone de Beauvoir: Le deux-ieme sexe (2 vol.) and Les manJarins. (Both works have been translated into English under the titles: The Second Sex and The Mandarins.) This concludes the present survey of Roman documents which appeared in AAS between June 1, 1956, and September 30, 1956. The following article will summarize the documents which have appeared in the remaining iisues of the 1956 AAS. ( ues!: ons and Answers [The following answers are given by Father Joseph F. Gallen, S.J., professor of canon law at Woodstock College, Woodstock, Maryland.] --3-- What can be done to avoid the highly varying practices and in-terpretations of local superiors? It is not reasonable to expect all local superiors to be perfectly the same in these matters. The higher superior can avoid excessive variation by his directions, especially on the occasion of.the canonical visitation, and by organizing regular meetings of local superiors. Such meetings can produce many other profitable effects, for example, the assistance of inexperienced superiors, the imparting of new ideas, energy, and vitality, and the avoidance of the perpetuation of the same problems. Our constitutions state simply: ~The master of novices and his assistant are appointed for three years.'~ May they be reappointed repeatedl)~ and without limit? Both may be reappointed immediately and without any limit in the number of reappointments, since the constitutions do not forbid their immediate and indefinite reappointment. 112 March, 1957 QUESTIONS AND fl~NSWERS --5m May sisters drive cars? Canon law does not forbid sisters to drive cars. His Holiness, Pope Pius XII, has given the answer with regard to the constitutions: "The constitutions also, taken in both their letter and spirit, facilitate and procure for the sister everything that she needs and should do in ourday to be a good teacher and educator. That is evident in the purely mechanical aspect. For example, today in several countries sistdrs also, ih a becoming manner, ride bicycles when this is demanded by their work. In the beginning this was something completely new, but it was not contrary to the Rule." (REVIEW FOR RELIGIOUS, Janu-ary, 1955, 10.) If riding a bicycle, a common method of transporta-tion in Europe, is not incompatible with the constitutions, neither is driving a car. It is presumed that the sister is a competent driver and that, her headdress permits unrestricted lateral vision. A sister driver would often avoid waste of time by the community, prevent externs from learning private community matters, and would likewise exclude what is now a quite frequent imposition on seculars. Do renewals of temporary vows have to be received? Reception is the act by which the legitimate superior according to the constitutions, either personally or through a delegate, accepts the religious profession in the name of the Church and of the particular institute. In virtue of c. 572, §~ 1, 6°, reception is required for the validity of any religious profession, solemn or simple, whether the simple profession is first temporary, a renewal, prolongation, or final perpetual. A juridical renewal is a new profession of vows that have already expired or are soon to expire. It is to be most carefully distinguished from a mere devotional renewal, whose purpose is merely to renew one's fidelity and fervor in the observance of the vows. The confusing of the two can cause an invalid profession, especially by the lack ~f legitimate reception. A juridical renewal is a new religious profession and demands all the requisites of a religious profession. If the first profession was made for a year on August 15, 1956, it is evident that the renewal On August 15, 1957, is just as much a religious profession as the first profession. Therefore, juridical renewals must be legitimately received; if not so received, they are clearly invalid. REVIEW FOR RELIGIOUS, May 1949, 131-32. 113 QUESTIONS AND ANSWERS Review fo~ Religious I am a secretary general. Will. you please explain the office of procurator general and the approved manner of recurring to the Holy See? Individual religious men and women have the right of' uncensored correspondenc.e with the Holy See (c.611) and may therefore write dffectly and in the vernacular to the Roman congregations, tribunals, and offices to communicate information, accusations, and petitions. This right follows also from the immediate jurisdiction of the Roman Pontiff over all the faithful (c. 218) a~d. from the fact that he is the supreme superior of all religious (c. 499, § 1). The counsel of prudence previously given in the REVIEW FOR RELIGIOUS iS also ap-plicable here: "Religious should be instructed not to be quick to write to the Holy See, the cardinal protector, the apostolic delegate, or the local ordinary, or his delegate. Such letters demand a serious matter that cannot be resolved by recourse to one's owfi religious superiors. External authorities and dignitaries should not be annoyed by needless and extraneous correspondence; and domestic grievances, especially if purely personal or subjective, are to be confined by the family walls." (March, 1956, 100-101.) Matters appertaining to the forum of conscience and especially to the sacramental forum are sent directly to the Sacred Penitentiary; if forwarded through a procurator general or other agent, they should be enclosed in a sealed envelope. The preceding principle in practice will apply almost solely t,o priests. Outside of the cases given above, the manner of recurring to the Holy See is as follows: 1. In pontifical institutes of men. Every pontifical institute of men, whether clerical or lay, is obliged to ha've a procurator general (c. 517), who handles the affairs of his own institute, its provinces, houses, and individual members with the Holy See. The procurator general is obliged to reside in Rome; but when the institute i~ small and has little business with the Holy See, the Sacred Congregation of Religious will permit the procurator to reside elsewhere or that the affairs be fiandled by the procurator of another institute or by another agent,, even secular, residing in Rome. 2. Monasteries of nuns subject to regulars. The business of these monasteries with the Holy See is ordinarily handled by the procurator general of the same order of men. This is also done with sufficient frequency by monasteries that are not in fact subject to regulars and 114 March, 1957 QUESTIONS AND ANSWERS sometimes also by third orders of men and women, e. g., by Fran-ciscan congregations of brothers or sisters. 3. Other religious institutes, e. g., diocesan congregations of men and pontifical or diocesan congregations of women. These generally recur to the Holy See through their local ordinary. Such petitions will practically always be first submitted to the superior general, and the particular ordinary will therefore be of the diocese of the resi-dence of the superior, general. Occasionally petitions are forwarded through the local ordinary of a pro'vincial or of a particular house. Pontifical institutes may recur through their cardinal protector. All of these institutes are also permitted to recur through an approved agent in Rome or through an ecclesiastic in Rome known to the Roman Curia. It is not completely unknown for a religious institute of women having a house in Rome to expedite at least some of its affairs with the Holy See through one of its own sisters. Furthermore, religious superioresses may send petitions directly and in the ver-nacular to the Holy See when this is required by secrecy or other circumstances of the particular case. The preferred language in communications to the Holy See is Latin, but Italian or French may be employed. Other languages, especially German, English, Spanish, and Portuguese, are tolerated; but their use, unless the communication is brief and of little im-portance, can readily cause delay. The communication should state the facts of the case and the petition briefly and clearly. All reasons for the petition are to be given with equal clarity and brevity. The same principle is to be followed in a petition to a local ordinary or a diocesan chancery. The reply of the Holy See is called a rescript. It will ordinarily b~ in Latin. A lay institute should secure an accurate and complete translation and should also strive to obtain at least a copy of the original. Questions may later arise as to the wording or sense of the rescript, and it is always unsatisfactory in such circumstances to work with anything but the original. It is evident that both the original and the translation should be carefull~ preserved in the files of a higher superior. The manner of designation of the procurator general is left to the constitutions. He is more frequently elected in the general chapter, but in some institutes he is appointed by the superior general. If the procurator general is given a determined duration of office by the constitutions, .he may not be licitly removed before the expiration 115 ~UESTIONS AND ~NSWE~S Review for Religious of that time without consulting the Holy See. If he is removable at any time, such consultation is not prescribed. The precedence and ex officio membership of the procurator general in the general chapter. depend on the particular constitutions. Is it permissible to give more suffrages to some deceased religious? The prescribed suffrages must be equal for all professed and novices, whether the professed are of solemn or simple vows, per-. petual or temporary (cc. 567, § 1; 578, 1°). Postulants are not included in the prescribed suffrages unless this is expressly stated in the constitutions. Such a statement is not found in the constitutions of lay institutes. The higher superior may command or exhort the members of the institute to give some suffrages to a deceased postu-lant. Canon law forbids that less suffrages be given to a professed of temporary vows or a novice precisely because one is such a pro-fessed or a novice. The wording of the canons does not forbid the giving of less suffrages to a lay brother than to a priest or teaching brother, to a lay sister than to a choir sister. However, this is opposed . to the spirit of the canons and is not likely to be approved by the Holy See. It is also not" found in the practice of the Holy See in th~ approval of constitutions. Neither the letter nor the spirit of the canons forbids the granting of greater suffrages to present or past superiors, and this is often found in constitutions of lay institutes approved by the Holy See. Additional suffrages are frequently given in the whole institute to the superior general, but in some constitutions only when he dies in office. This is also true of the general officials, but rarely when they die out of office. The same norm is also verified in the case of a provincial in his own province, particularly if he dies in office. This norm is extended only very infrequently to provincial officials, and only most rarely when they die out of office. A local superior is very frequently given added suffrages in his own house, but very rarely when he dies out of office. --9-- What is the obligation df religious to go to confession weekly? Can. 595, § 1, 3° reads: "Superiors must take care that all religious approach the sacrament of penance at least o~ce a week." I16 March, 1957 QUESTIONS AND ANSWERS The canon places no obligation on religious to confess at least once a week. The obligation of the canon extends on!y to superiors, who must make it possible for their subjects to confess at least once a week and exercise prudent vigilance that they do so. The canon also gives superiors the right of inquiring wheth'er their subj~ects so fre-quent the sacrament of penance, and the subjects are Obliged to answer truthfully. The superior has the right likewise of inquiring whether the subject, goes to the designated confessors but may not inquire about either the fact of approach to or the person of the occasional confessor. It is evident that this right of vigilance and inquiry is to be used prudently in such a delicate matter. When the constitutions merely repeat the code in this matter, there is no obligation of weekly confession even from the constitutions. However, the code presupposes that such an obligation exists at least from custom. 'Almost universally the constitutions oblige religious to confess at least once a week. Since the constitutions and customs do not oblige under sin, the omission of the weekly confession will not be a sin in itself and a reasonable cause will justify its omission. The omission of confession for a pr01onged period of time, except in special cases (e.g., scrupulosity), is not in accord with the supposition of the canon or the sanctity of the religious state. Is special jurisdiction postu.lants? required for the confessions of female The necess.ity of special jurisdiction extends only to professed religious women and novices, not to postulants, who are absolved in virtue of the same jurisdiction as secular women (c. 876, § 1). Furthermore, the canons on the confessors of religious women (520- 527) apply to all religious women, professed or novices, of all religious institutes, whether orders or congregations, as also to all societies of women living in common without public vows. They do not apply to postulants. There are no special laws in the code on the confes-sions of postulants. In practice the postulants go to the confessors of the novices. A confessor of a group of professed religious women or novices and postulants must possess special jurisdict!on for religious women and the usual jurisdiction for the confessions of women. 117 QUESTIONS AND ANSWERS Why are religious obliged to go to the extraordinary confessor at least to receive his blessing? Religious are not obliged to go to confession to the extraordinary but they are obliged to go to him at least to receive his blessing. This obligation extends to professed religious women and novices (cc. 521, § 1; 566, § 1) and to novices in any institute of men, (c. 566, § 2, 4°) but not to professed religious men (c. 528) nor to any postulants. The obligation of receiving at least the blessing of the extraordinary is imposed lest any who should go to him be deterred from doing so by human respect. May a religious be the executor of the will of a parent? In virtue of c. 592, all professed religious, clerical or lay, men or women, are held to the obligations imposed on clerics in cc. 124-142, except when the nature of the matter or the context manifests that the particular canon applies only to clerics. Can. 679, § .1, applies exactly the same principle to the members of societies living in com-mon without public vows. Novices and postulants, unless they have already received first tonsure, are not subject to these obligations. Can. 139, § 3, forbids clerics, without the permission of their own ordinary, to undertake the administration of property that belongs to lay persons. Therefore, clerics and consequently professed religious also are forbidden to be guardians of orphans or widows or to be the administrators of executors of wills of lay people. To do so, religious must have the permission of their higher superior if their institute is clerical and exempt, or of the local ordinary in the case of all other religious. 118 ook Reviews [Material for this department should be sent to Book Review Editor, REVIEW FOR RELIGIOUS, West Baden College, West. Baden Springs, Indiana.] THE TWO-EDGED SWORD. An interpretation of the Old Testa. ment. By John L. McKenzie, S.J. Pp. 317. The Bruce Publishing Company, Milwaukee 1. 1956. $4.50. We agree absolutely with. the opening words of the Catholic Biblical Quarterly review of The Two-Edged Sword: "This is. a suprendely important book.". Reading The Two-Edged .Sword is an experience ,which no priest nor religious should deny himself. In recent' years study of the Bible has become an exact science, one in which linguistic, archaeological, and historical discoveries in the Near East have illuminated nearly every portion of the Old Testa-ment. This modern acquaintance with the past has led to intensely specialized work on the Bible, work that is usually highly technical. And it has been said that this. vast new area of study has been scien-tifically profitable but spiritually barren. The latter charge cannot be made by anyone who reads The Two-Edged Sword. It is true that isolated problems and individual sections of the Old Testament do not lack plentiful technical discussions. Yet the scholar '~lone is able to assemble the dissected parts. While such dismantling is necessary, the Old Testament is a literary whole and should be er~countered as such. Father McKenzie arranges for just such an encounter in presenting the significance of the Old Testament viewed in the light of the new learning. Few authors in any language have ventured so comprehensive an interpretation of the Old Testa-merit. Both simple and profound, The Two-Edged Sword is the work of an artist with literary, linguistic, scientific, and, above all, deep psychological and spiritual insight, generated, no doubt, by years.of contact with God's word. Father McKenzie's method is orderly with-out being cramped or overly schematic. Beginning with the concept of sacred books, the author points out the significance of the fact that God could and 'did speak to man. Such revelation, in its con-crete historical setting, formed the Hebrew idea of Yahweh,. of the history and origin of the world, of man, and of the nations. The 119 Book REVIEWS Review for Religious hope of the future, the mystery of iniquity, life, death, prayermthese are some of the topics of the one scientifically conceived and artistically developed whole. And this whole is concluded with a chapter pointing out that while the Old Te.stament is significant in itself, it is vital in understanding the New Testament and its central figure, the In-carnate Word. Father McKenzie has written The Two-Edged Sword for the general reader, the man to whom God speaks through the inspired authors and who needs a guide through Hebrew thought patterns, Hebrew beliefs, and Hebrew history. Since God "wrote through the ancient Hebrew," the author suggests, "the more we know of their habits of mind and speech, the better we shall apprehend the full meaning of the word of God." And the word of God, today, yester-day, and tomorrow, cannot be neglected without peril. The Two-Edged Sword is a positive contribution to solid devotion, devotion based on the word of God in all its implications. The book is as modern as the recent Suez crisis, the problems of Hungarian revolt and Red terror. The reader will find nothing of the fustian and antiquated, but will sense an approach which is modern and which is anchored to the world of the past ~in which men' felt they could reach out and touch God." The author shows a deep reverence for the Bible, a reverence which the reader himself will experience because Father 'McKenzie articulates in precise and delicate language his own feelings. While the book is devotional, modern, and reverently done, Father McKenzie skillfully turns science to the cause of spiritual significance without in any way demeaning science. Father McKenzie's style, the reader will observe, is characterized by economy, elegance, and exactness--qualities which seem to flow from his intense personal experience of life as seen in the light of the Old Testament, from years of careful study, and from the discipline of scholarly writi'ng. There is a large enlightenment, a broadness of outlook present on every page of The Two-Edged Sword. For these reasons, The Two-Edged Sword, the only work of its kind in English, meets the test of a great book: it yields new insights with each reading. The only. satisfying and logical reaction to a supremely important work is to read it.--P. JOSEPH CAHILL, S.J. 120 1957 BOOK REVIEWS STEPHEN T. BADIN, PRIEST IN THE WILDERNESS. By J. Herman Schauinger. Pp. 317. The Bruce Publishing Company, Milwaukee 1. -1956. $7.50. Historian Schauinger, whose two previous volumes were note-worthy for their diligent, constructive scholarship, has performed a ¯ genuine service for American Catholics in the work here under con-sideration. His well-documented study of the forthright Badin is a distinct step toward the proper appreciation of a character already held in high esteem though not as thoroughly understood as he deserves. A certain amount of studious (if not studied) controversy sur-rounds Father Badin, as is always the case with strong, virile char-acters. It is the happy task of the author to champion the priestly pioneer by bringing to light the very sources of misunderstanding. Badin emerges from the investigation convincingly unscathed, a man of gigantic but not overdrawn proportions facing very real problems. In a word, Badin is depicted as truly worthy of the honor that was 'his, both as the first priest ordained in the United States and as a venerated missionary still marvelously active in his declining years. Tracing the early development of American Catholicism through the eyes of the sacerdotal frontiersman, the writer enables his audience keenly to perceive numerous pastoral problems and the way in which the missionary must face them. Native ingenuity, a priestly educa-tion continued through life under tremendous handicaps, advice from far distant theologians--all play a part in the picture. The connec-tion between such problems and controversy surrounding Badin is obvious enough to the student of American history. But the religious reader cannot avoid the reflection that Badin could not have faced the challenge so well and for so l~ng a time unless he drew down tremendous graces by a sincerely zealous life and by continual prayer. If Badin faced problems, social, moral, canonical, and civil in character, he also faced the prejudice, intolerance, and bigotry of the incredibly misinformed and the violently emotional irreligionists of his day. H~ faced this latter group quite' positively by making the Catholic position clear in sermons, in conversation, in letters, and in the press. He sustained, moreover, those disagreements which unfortunately arise between people who are. trying to work for a common cause when the proper course of action is not clear. And the import of 121 BOOK REVIEWS Review for Religious the present .volume is that he faced such conflicts reasonably, if firmly. There is no wonder that some little traces of misunderstanding still surround him in death. It is, however, a praiseworthy thing that his modern apologist has seen fit to put these elements into proper perspective. It must be noted, nonetheless, that historical research regarding Badin, so remarkably and painstakingly furthered by the. au.thor, has not completely solved certain mysteries. Among these are the reason for Badin's sojourn in Europe and an ad.equate explanation of his temporary life as a Dominican novice. The author's conjectures on these two points seem possibly to go beyond the bounds of scholarly limitations superbly maintained in the work as a whole. The book will unquestionably repay the careful study of the serious historian as well as the more cursory reading of the mature religious. Its narrative for the most part flows smoothly and its message is pertinent not only as satisfying an historial need but also as an incentive to the apostolic spirit of the discerning reader. --MATTHEW E. CREIGHTON, S.J. CONTEMPORARY CHURCH ART. Text by Anton Henze and Theodor Filthaut. Translated from the German by Cecily Hastings. Edited with a preface by Maurice Lavanoux. 64 pages of text, 125 full page photographs of American and European churches, statues, vestments, etc. Sheed and Ward, New York. 1956. $7.50. "Art reflects the thinking of the times," so the age-old adage aptly describes the historical development and progress of man's theoretical and practical application toward intellectual and structural beauty, form, and function. But there are two trends stemming from this adage that indicate different directions of analysis. The one considers the general crass materialism of today's thought materialized in the plain, low, sprawling, accent-on-the-materials-used type of art and architecture; the second is a sincere and earnest effort to unite and utilize man's noblest religious aspirations in an entirely new approach (as opposed to historicism), seeking worshipful entrance and devotional proximity via the liturgy to the altar of God: Introibo ad altare Dei. It is this "renewal of the creative manifestations of our time for the greater glory of God" that typifies Contemporary Church Art and recommends itself warmly to the layman as well as the priest, religious, artist, and teacher in the matter of church art. 122 March, 1~57 ~00K ANNOUI~CEMENT~ In "The Potentialities 6f Modern Church Art and Its Position in History" and "Church Art and the Liturgy" (two essays comprising the major part of the text), the authors, Anton Henze and Theodor Filthaut respectively, elaborate this theme. They define the nature and purpose of church art, sketch its history, analyze its anomalies in present times, and discuss the relationship between society and the Church and its imagery in the twentieth century. Using as their points of reference the ll~lediator Dei of Pope Pius XII and the Instructio de arte sacra of the Supreme Congregation of the Holy Office, the authors set out intelligently by positive instruction to check and correct the sterile sway of pure design and sentimental trash ("the enemy of faith") and encourage action to work for a renewal of "that artistic climate which must be a prelude to a sane outlook in matters of religious art." Particularly recommended are the brilliant, lucid plates which make up the greater part of the book, though it is a shade ~hy this side of fulfillment in that there are no plates in color. But there is an element of freshness in the variety of the selections of type and top-ography, including an ample representation .of American examples that is almost electrifying. These pictures truly speak a thousand words, at once removing stubborn obstacles of ignorance and prejudice and creating an eager desire for a v.igorous renewal of the creative manifestations of our time--"to make that renewal possible for the greater glory of God." Contemporary Church Art discloses the locus of contemporary church art.--l'~o\\',-~.RD .l.X'IAND
Tutkimus pureutuu poliittisen edustuksen käsitteeseen, keskittyen erityisesti edustuksen ja demokratian yhteyteen. Tutkimuksessa tarkastellaan teoreettisessa ajattelussa tapahtunutta siirtymää siitä, että edustus ymmärretään edustuksellisen demokratian kontekstissa siihen, että edustus ymmärretään ideaksi ja prosessiksi, joka on demokratialle välttämätön. Tätä siirtymää analysoidaan ja kehitetään eteenpäin tarkastelemalla Talvivaaran kaivoksen ympärille kehkeytynyttä poliittista toimintaa ja edustuspuhetta. Vaaleja, edustajien responsiivisuutta edustettaville, universaalia äänioikeutta ja tasa-arvoa pidetään tavallisesti edustuksellisen demokratian tunnusmerkkeinä. Tässä katsannossa edustuksen demokraattisuuden katsotaan toteutuvan, kun vaaleilla valitut edustajat pidetään mahdollisimman lähellä heidät auktorisoineita kansalaisia. Tämä läheisyys on tarkoittanut muun muassa sitä, että lainsäätäjien päätöksiltä vaaditaan vastaavuutta kansalaisten mielipiteiden kanssa, että päättäjien pitäisi olla vastaanottavaisia (responsiivisia) kansalaisilta tuleville ärsykkeille, ja että kansanedustuslaitos olisi kansan pienoiskuva suhteessa erinäisiin sosio-demografisiin piirteisiin. Edustusta sinänsä ei pidetä demokraattisena, ellei se seuraa vaaleista ja ellei yllä kuvailtu läheisyys edustajien ja edustettavien välillä toteudu. Demokratiateoriassa on kuitenkin viimeisen 20 vuoden aikana tapahtunut niin sanottu edustuskäänne, tai konstruktivistinen käänne. Sen keskeinen huomio on, että edustus ei ole demokratian välttämätön lisäke vaan demokratia itse asiassa edellyttää edustusta. Tällä ei kuitenkaan viitata elitistiseen, schumpeterilaiseen, näkemykseen edustuksellisesta demokratiasta eikä siihen, että suuret yhteiskunnat voisivat olla demokraattisia vain edustuksen kautta. Sen sijaan edustuksen katsotaan mahdollistavan kommunikaation ja symbolit, joiden seurauksena edustettava kokonaisuus muodostuu. Edustus ymmärretään siis ennen kaikkea ajatukseksi eikä institutionaaliseksi muodoksi. Edustamisväitteillä (representative claims; Saward 2006; 2010) sekä edustaja että edustettava rakennetaan symbolisesti. Nämä väitteet ovat vääjäämättä valikoivia, esteettisiä ja performatiivisia. Tämä edustuksen esteettinen ominaisuus tekee vallankäytöstä näkyvää ja kutsuu kontrolloimaan sitä. Edustamisväitteiden tekemistä ei kuitenkaan tule ymmärtää vaaleilla valittujen edustajien yksinoikeudeksi, vaan niiden tekeminen on auki kaikille subjekteille. Edustamisväitteet mahdollistavat erilaiset käsitykset 'meistä' ja 'meidän' eduistamme ja näiden käsitysten keskinäisen kamppailun, mikä on välttämätöntä demokraattisen politiikan jatkuvuudelle. Monet empiiriset tutkimukset ovat ottaneet edustuskäänteen lähtökohdakseen. Koska siirtymä uuteen teoreettiseen ymmärrykseen on tapahtunut verrattain hiljattain, empiiriset tutkimukset eivät kuitenkaan muodosta vielä yhtenäistä tutkimusperinnettä. Edistääkseen edustuskäännettä seuraavaa edustustutkimusta, esitetään kaksiosainen tutkimusongelma: (1) Mitä oikeastaan tutkimme, kun tutkimme edustusta? ja (2) Mikä tekee edustuksesta demokraattista? Näitä kahta kysymystä tarkastellaan sekä teoreettisesti että tutkimalla edustuspuhetta (representational speech) käyttäen Talvivaaraa tapaustutkimuksena. Edustuspuhe on laajempi käsite kuin Sawardin edustamisväite, ja sillä viitataan mihin tahansa lausumiin ja (esimerkiksi visuaalisiin) symboleihin, joilla rakennetaan edustajaa ja edustettavaa tietynlaisiksi. Edustuspuheen käsitteeseen sisältyy myös eksplisiittinen puhe edustuksesta ja sen merkityksistä. Aiempien teoreettisten keskusteluiden pohjalta tutkimuksessa esitetään, että edustus toimii demokratian ehtona erityisesti siksi, että (1) se on epäsuoraa ja mahdollistaa siten kommunikaation; (2) se mahdollistaa symboliset esitykset edustajasta, edustettavasta ja todellisuudesta, eikä siten ole vain kahdenvälinen suhde; ja (3) se näin ollen mahdollistaa politiikan. Demokratia ei ole mahdollista ilman politiikkaa. Tätä teoreettista näkemystä tarkastellaan edelleen Talvivaaran tapauksen valossa. Tapaustutkimuksen aineisto koostuu 41 haastattelusta ministerin, kansanedustajien, kunnanvaltuutettujen, viranhaltijoiden, kansalaistoimijoiden ja Talvivaara-yhtiön edustajien kanssa. Aineistoon sisältyy myös osallistuvaa havainnointia mielenosoituksista, kansalaiskokoontumisista ja paneelikeskustelusta, hallinnollisia lausuntoja ja virallisia tiedotteita, eduskuntalähteitä (kirjallisia kysymyksiä, talousarvio- ja lisätalousarvioaloitteita sekä täysistunnon pöytäkirjoja) sekä Stop Talvivaara -liikkeen tiedotteita ja YouTube-videoita aikaväliltä 2005–2015. Tapaustutkimus havainnollistaa teoriaa käytännössä. Tutkimus osoittaa, että edustuksen (edustuspuheen) tutkiminen johtaa huomaamaan poliittisen toiminnan reunaehdot ja ymmärtämään, mitkä tekijät ovat tärkeitä toimijoiden legitimiteetille tietyssä kontekstissa. Talvivaaran kaivoksen kontekstissa oli paradoksaalista, että kansalaistoimijoilta edellytettiin paikallisuutta, vaikka sekä vaaleilla valitut että muut toimijat laajasti arvioivat, että Talvivaara oli kansallinen kysymys. Kansalaistoimijoiden edustamisväitteet näyttäytyivät marginaalisilta korostaessaan ympäristönäkökulmaa. Sen sijaan kansanedustajien edustamisväitteet olivat monin paikoin ympäripyöreitä ja reaktiivisia, pyrkien löytämään kultaisen keskitien. Edustamisväitteet mahdollistivat 'meidän' tulkinnan niin, että tästä tulkinnasta saattoi vetää johtopäätöksiä siitä, mitä tulisi poliittisesti päättää. Samalla edustamisväitteet paljastivat syvempiä jaettuja merkityksiä, joissa talouteen viittaavat argumentit olivat hegemonisempia kuin ympäristöön viittaavat. Tutkimuksen tulokset haastavat perinteisen edustustutkimuksen siinä, että perinteinen tutkimus jakaa edustusfokukset vaalipiiriin, koko valtioon ja puolueeseen. Tapaustutkimus osoittaa, että paikallisten ja kansallisten intressien määritelmät ovat poliittisia ja ne esitetään tietyllä tavalla riippuen puhujan poliittisista kannoista. Edustuspuheeseen liittyy merkityksiä, jotka johdattavat poliittisten (puolue)kantojen äärelle, mutta nämä kannat perustellaan puoluetta useammin viittauksilla paikallisiin tai kansallisiin etuihin. Samalla edustuspuhe tarjoaa näennäisesti neutraalin tavan puhua poliittisesti. 'Kaikkia' väitetään edustettavan, mutta mitä etuja 'kaikkiin' liitetään, riippuu puhujan poliittisista kannoista ja siitä, miten hän esittää käsillä olevan poliittisen kysymyksen. Viittaamalla 'kaikkiin' mahdollistuu poliittisten päämäärien ja ideologioiden kommunikointi tavalla, jonka kuulija voi hyväksyä mahdollisesti helpostikin. Edustamisväitteillä pystyy 'myymään' poliittisia näkökantoja yleisölle. Edustuspuhe onkin kaksiteräinen miekka: se toisaalta mahdollistaa demokratialle tarpeellisen väittelyn 'meistä' ja 'meidän' eduistamme, mutta samalla mahdollistaa poliittisuuden hämärtämisen edellä kuvatulla tavalla. Tämä edellyttää yleisöltä taitoa lukea edustamisväitteitä. Valpas yleisö tunnistaa edustamisväitteet ja pystyy arvioimaan niitä kriittisesti. Epävalpas yleisö sen sijaan ei ymmärrä edustamisväitteiden vääjäämätöntä osittaisuutta ja sitä, että mikään edustamisväite ei ole lopullinen totuus 'meistä'. Epävalppaan yleisön ollessa kyseessä edustamisväitteet avaavat tilaa populismille. Talvivaara-tapaustutkimus vahvistaa Dischin (2011) esittämän käsityksen, että demokraattisesta näkökulmasta normatiivista empiiristä tutkimusta tehdessä on kiinnitettävä huomiota edustamisväitteiden tekijöiden institutionaalisiin positioihin. Tutkimus ehdottaakin, että edustuksen demokraattisuuden tutkijoiden tulee huomioida positiot, joista edustamisväitteitä esitetään, eikä tarkastella vain yleisesti edustamisväitteiden moninaisuutta. Näin ollen tutkijoiden tulisi olla kiinnostuneita myös ei-vaaleilla valittujen toimijoiden tekemistä edustamisväitteistä ja näiden väitteiden suhteesta vaaleilla valittujen toimijoiden edustamisväitteisiin. Edustuspuheen tutkiminen paljastaa valtasuhteita, joiden analyysi on välttämätöntä poliittisen edustuksen tutkijoille. ; The dissertation studies the concept of political representation. Specifically, it examines the connection between representation and democracy. It discusses the shift in theoretical thinking from understanding representation in the context of representative democracies to understanding representation as an idea and process necessary for democracy. This shift is analyzed and developed further by an examination of politics and representational speech during the Talvivaara mine controversy in Finland. In the standard (traditional) account, elections, responsiveness of elected representatives to citizens, universal suffrage, and equality are understood as characteristic to representative democracies. In this account, normative requirements for democratic representation arise from keeping elected representatives and the represented as close to each other as possible. This requires congruence between the decisions of legislators and the opinions of citizens, responsiveness of the representatives to the represented, and descriptive similarity between the two in terms of socio-demographic characteristics. Representation as such is not held to be democratic unless representation emerges from elections and the closeness between representatives and the represented is realized. The representative, or constructivist, turn in democratic theory argues otherwise. This turn in theoretical thinking on representation has taken place over the last 20 years or so. Its central observation is that representation is not second-best to direct democracy, but democracy in fact presupposes representation. However, this argument refers neither to the elitist Schumpeterian view of representative democracy nor to the notion that representation would be the only imaginable way of organizing government in large-scale societies. Instead, it views democracy as an idea rather than an institutional form, in which representation allows for communication and symbols through which the represented constituency emerges. In making representative claims (Saward 2006; 2010), both the representative and the represented are constructed. These claims are necessarily selective, aesthetic, and performative. This aesthetic quality of representation makes power visible and invites control over it. According to this view, claims-making should not be understood as a privilege of the elected, but as open to anyone. Claims make it possible to create and contest portrayals of 'us', and thus sustain democratic politics. While there have been numerous empirical studies departing from this account, these studies point to different directions in terms of how to bring the theoretical turn into (normative) empirical research. This thesis aims to contribute to this state of affairs by addressing two research questions: (1) What do we study when we study representation after the representative turn? and (2) What makes representation democratic? These questions are addressed by studying representational speech. Representational speech is a broader concept than the representative claim. It refers to anything that can be interpreted as constructing a represented category or presenting someone as a representative. Speech about political representation is also included under the umbrella term of representational speech. The dissertation takes the representative turn further by clarifying, confirming, and defining its assertions. Based on analysis of previous theoretical accounts, it is argued that representation functions as a precondition for democracy through its indirectness. It invites communication and symbolic action, and makes politics possible. This theoretical account is further examined in the Talvivaara case study. The case study data consists of 41 interviews with a minister, MPs, local councilors, public officials, civic actors, and Talvivaara representatives. The data also includes participatory observation of demonstrations, citizen assemblies, and a panel discussion, ministerial and administrative statements, parliamentary sources (written questions, budgetary and supplementary budgetary motions, and parliamentary minutes), as well as press releases and YouTube videos by the Stop Talvivaara movement between 2005 and 2015. The case study provides an example of an application of a theory, and is illustrative, or exemplifying, in nature. The case study shows that studying representation (through representational speech) leads to unraveling institutional terms for political action and to understanding what factors are relevant for gaining legitimacy in a specific context. In the context of the Talvivaara mine, it was paradoxical that locality was required from civic actors as a proof of their legitimacy, whilst actors across the political landscape, both elected and non-elected, viewed the Talvivaara case a national issue. At the same time, representative claims made by civic actors were marginal in their emphasis on the environment, as opposed to the rather vague, reactive, and middle-of-the-road representative claims made by MPs. While representative claims allow an interpretation of 'us' that sets the stage for immediate decisions, studying representational speech reveals deeper shared meanings. In the context of Talvivaara, economic arguments were privileged over environmental concerns. The findings of the dissertation challenge traditional representation research that separates electoral district, the party and the nation as representational foci. The case study shows that local and national interests are political matters. How they are represented and defined depends on political standpoints. Representational speech carries meanings that can be traced back to political (party) standpoints. However, these standpoints are often backed with references to local and national interests rather than party affiliations. At the same time, representational speech offers a neutral way to speak politically. 'Everybody' is claimed to be represented, but 'everybody's' interests and how these interests are best served depends on the speaker's political standpoints and representations of the issue. The reference to 'everybody' allows communication of political aims and ideologies in ways that can potentially be accepted quite easily. Claiming to represent 'the people' works as a way to 'sell' policy standpoints to the public. Indeed, representational speech is a double-edged sword. On the one hand, speaking 'representationally' opens space for debates about who 'we' are and what is important to 'us'. On the other, representative claims offer ways to communicate political standpoints in a seemingly neutral way. This requires that audiences be attentive. A politically attentive audience recognizes representative claims and is able to assess whether the portrayal of 'us' is desirable or not. But a politically inattentive audience fails to see that representative claims are necessarily selective and not the final truth about 'us'. If the audience is inattentive, individual representative claims can open space for populism. The case study confirms Disch's (2011) argument that the institutional positions of would-be representatives need to be included when the representative turn is applied to normative empirical research from a democratic perspective. The study of democratic representation should take into account not simply the plurality of representative claims, but the plurality of the positions from which the representative claims are made. This is why representative claims made by non-elected actors and the relationship of these claims vis-à-vis representative claims made by elected actors are worth studying. Addressing representational speech reveals power relations whose analysis is imperative for scholars of political representation.
Dottorato di ricerca in Storia d'Europa: Società, politica e istituzioni(XIX-XX Secolo) ; Una curiosa espressione di Jacques Delors, più volte utilizzata nel corso della sua carriera, definì le istituzioni comunitarie come un "O.P.N.I., oggetto politico non identificato". L'affermazione di Delors appare come un compromesso tra l'interesse a tutela dei diritti degli Stati e la necessità di attribuire al processo di integrazione europea istituzioni stabili e soprattutto autonome. In realtà, i caratteri di profonda instabilità mostrati dal modello di Comunità ne fecero scaturire due orientamenti interpretativi differenti. Il primo considerò il raggiungimento dell'obiettivo prefissato nella realizzazione di una unione politica; come sostiene Riccardo Perissich, "Ai limitati trasferimenti di sovranità già decisi, altri ne sarebbero seguiti, anche se sempre in modo graduale. Coerentemente con questo approccio, le istituzioni avrebbero dovuto evolvere verso un modello classico. La Commissione si sarebbe trasformata in un esecutivo federale; il Consiglio dei ministri in un "Senato degli Stati"; l'Assemblea parlamentare in un vero Parlamento federale"1. Il secondo orientamento si basò sull'idea che il principio di sovranità non potesse essere frammentato e che il conferimento di potere previsto dai Trattati fosse più di carattere tecnico che politico. Questa seconda interpretazione aumentò i dubbi e la diffidenza nei confronti della Commissione e ancor più del Parlamento. C'è da dire inoltre, che gli Stati firmatari dei Trattati si riconobbero più nella prima lettura del modello, con un necessario distinguo per la Francia che, all'epoca dell'entrata in vigore era presieduta dal generale Charles De Gaulle, fortemente contrario, come noto, all'idea di una qualsiasi minima cessione di potere a livello sovranazionale. A seguito della fusione di CECA, CEE ed EURATOM una sola Commissione unificò l'apparato amministrativo mentre al Parlamento europeo venne assegnato unicamente il compito di esercitare il potere in materia di bilancio, oltre ad una funzione meramente consultiva; l'elezione diretta del Parlamento fu contemplata nell'articolo n.138 del Trattato istitutivo della Comunità europea nel quale, oltre ad essere indicato il sistema di elezione dei parlamentari europei delegati come provvisorio, 1R. Perissich, L'Unione Europea una storia non ufficiale, Milano, Longanesi, 2008, p.54. venne previsto che il Parlamento avrebbe elaborato progetti volti alla realizzazione di una procedura di elezione uniforme per tutti gli Stati membri. Di fatto, negli anni che intercorsero tra il 1951 e il 1976, furono presentate numerose proposte orientate all'istituzione della procedura di elezione a suffragio universale diretto che, dopo molte difficoltà, trovarono soltanto nel 1979 la loro attuazione; questo risultato rappresentò l'inizio di una nuova era in cui l'importanza della comunicazione politico-istituzionale giocò un ruolo fondamentale per creare il necessario contatto con i cittadini, in previsione della loro partecipazione al voto europeo. Ricordiamo come nel 1974, al vertice francese presieduto da Valéry Giscard D'Estaing, venne adottata la decisione di istituire il Consiglio europeo e l'elezione diretta del Parlamento. L'evento avrebbe esercitato una notevole influenza nella dinamica istituzionale europea; nonostante il suo assetto di Assemblea diversa da quelle nazionali, il Parlamento europeo direttamente eletto avrebbe preteso un aumento della propria influenza politica così come del proprio peso istituzionale. Attraverso le elezioni, i cittadini europei avrebbero potuto accrescere progressivamente il loro interesse nei confronti dei temi comunitari riuscendo a percepire meglio l'esistenza di un'istituzione fino ad allora poco conosciuta. Su questo aspetto federalisti e "gradualisti" si collocarono su posizioni discordanti, in quanto i primi da sempre consideravano il Parlamento eletto come "Congresso del popolo europeo" e quindi come il potere costituente della futura Federazione europea. Personalità di spicco sui singoli piani nazionali, costantemente impegnate nella causa dell'integrazione europea (solo per citare alcuni nomi si ricordano Altiero Spinelli, Simone Veil, Helmut Kohl, Jacques Chirac), oltre ad esponenti politici ed intellettuali che interpretarono un ruolo di forte influenza all'interno dei loro partiti riguardo alla scelta europeista (per l'Italia ricordiamo Giorgio Amendola, Enrico Berlinguer, Mauro Ferri, Gaetano Arfè), si impegnarono con l'intento di legittimarne il ruolo rispetto alle altre istituzioni, in particolar modo la Commissione. I parlamentari eletti nel primo suffragio universale diretto si trovarono quindi ad affrontare temi che andavano dalla questione dei paesi comunisti ai rapporti con il Terzo mondo, alla progettazione di una televisione europea fino alla necessità di redigere una prima bozza di Costituzione europea. Il ricorso alle candidature di personalità politiche ben note all'opinione pubblica quali Enrico Berlinguer, Simone Veil, Willy Brandt, si pensò potesse offrire un maggiore potenziale all'organizzazione della propaganda. La campagna elettorale del giugno 1979, così come le altre due successive, fu tuttavia caratterizzata, soprattutto in Italia e Francia, da argomenti troppo spesso collegati alla dialettica politica della propria nazione. In ogni caso l'informazione data ai cittadini europei fu in grado di suscitare un inevitabile interessamento ai problemi comunitari, ma soprattutto alla realtà sovranazionale. L'affluenza al voto fu comunque inferiore rispetto alle elezioni nazionali. Nei motivi della scarsa partecipazione al voto, oltre l'assenza di dibattito propriamente europeo vi fu anche il fatto che le strategie dei partiti tesero ad una sorta di strumentalizzazione delle elezioni europee, puntando attraverso le campagne elettorali al perseguimento di obiettivi nazionali. Il primo scrutinio diretto fu in grado comunque di dare una ventata di novità al concetto di democrazia europea. La nuova legittimità consentì al Parlamento di consolidare nel tempo i propri poteri e di interpretare un ruolo all'interno del processo decisionale comunitario che all'epoca poteva dirsi quanto meno "nebuloso". Una volta fissato il periodo di svolgimento delle prime elezioni, le forze politiche nazionali dovettero sostenere una sfida che le avrebbe costrette a rimettersi in gioco, cercando di rinnovare gli argomenti e i temi individuati per le campagne elettorali nazionali. Una maggiore consapevolezza riguardo alla necessità di allargare l'orizzonte, senza trascurare tuttavia il contatto con i propri elettori e cercando le possibili somiglianze con gli altri partiti europei, avrebbe consentito di conciliare la propria ideologia in un contesto più ampio. Occorre tener presente come tra il 1975 e il 1979 si fossero create all'interno dell'Assemblea parlamentare non eletta, formazioni politiche rappresentative di partiti accomunati da un orientamento affine a quello nazionale. La diversità di ideologie, tuttavia rendeva queste coalizioni molto deboli, soprattutto per via della tanto difficile integrazione ostacolata dalla predominanza degli interessi nazionali anteposti a quelli comunitari. La primazia dei partiti nazionali ha sempre costituito un ostacolo all'autonomia di azione dei gruppi e delle federazioni lasciando, fino ad oggi, inattuata la costituzione di veri e propri partiti europei. All'indomani del primo suffragio universale diretto, tuttavia, il nuovo parlamentare europeo avrebbe assunto il ruolo di trait d'union tra il proprio elettorato, il proprio partito, la coalizione europea e il Parlamento stesso. I tratti caratterizzanti il percorso politico-istituzionale del Parlamento europeo sono stati oggetto di approfondimento nello studio dei casi relativi ai tre Paesi considerati rivelando le differenze che, per la natura stessa del ruolo giocato nel contesto sovranazionale, non hanno risparmiato il processo di integrazione e, nel caso specifico, la partecipazione alle elezioni dirette del Parlamento. Accomunando Italia e Francia, paesi fondatori della Comunità europea che si dimostrarono troppo intenti a trattare temi nazionali durante le campagne elettorali, nel Regno Unito l'idea di Europa si coniugò con la costante valutazione di tutti gli elementi che sarebbero risultati convenienti per partecipare, senza che tutto ciò costringesse a modificare o rinunciare a quanto già in possesso, atteggiamento che trovò nella linea di governo di Margaret Thatcher una perfetta interpretazione durata per l'intero decennio esaminato. Se per il primo suffragio universale diretto l'attività maggiore fu quella di approntare nuovi metodi organizzativi per le campagne elettorali, adatti alla ricerca di un consenso più ampio, diretto a legittimare l'istituzione sovranazionale, nella seconda e terza tornata le riflessioni delle forze politiche si resero necessarie per cercare di individuare le cause del progressivo calo partecipativo. I difetti di una comunicazione politica spesso basata su issues nazionali, soprattutto riguardo la Francia, ha di sicuro rappresentato una delle possibili cause, ma l'atteggiamento stesso dei partiti, apparso frequentemente poco incline a credere seriamente nell'importanza delle elezioni, ha lasciato percepire incertezza ai cittadini europei. Per altro verso, anche le campagne elettorali comunitarie, sebbene abbiano investito molte risorse per cercare di catturare il consenso dell'opinione pubblica, hanno mostrato la parziale efficienza dei mezzi messi in atto. Elezioni di second'ordine quindi? E' possibile parlarne ancora in questi termini? Da quanto emerso nel corso della ricerca condotta sul versante storico-politologico, il livello delle elezioni europee non risulta affatto secondario. Il dato partecipativo, anzi è inversamente proporzionale alla quantità di lavoro preparatorio sia dal punto di vista politico che amministravo-istituzionale, ben superiore a qualsiasi suffragio nazionale. Ci si chiede allora perché gli elettori non abbiano risposto con altrettanto entusiasmo. Qui le risposte trovano differenti possibilità da tenere nella giusta considerazione: la poca attenzione ai temi comunitari, la qualità della comunicazione, l'errore di propagandare l'evento troppo a ridosso delle date di svolgimento, l'eccessiva distanza tra istituzioni e cittadini, il livello culturale degli elettori, i giorni della settimana individuati per i suffragi spesso troppo vicini ad elezioni nazionali appena svolte, la classe politica poco convinta. In realtà tutti questi fattori rappresentano concause della scarsa partecipazione. Il cittadino europeo in mezzo a questo guazzabuglio è il personaggio principale di una performance in cui lui stesso determina la riuscita. Nonostante i numeri evidenzino una progressiva flessione nei dieci anni esaminati, i cittadini non sono rimasti indifferenti di fronte alle novità introdotte dal processo di integrazione europea. Spesso, soprattutto durante i sondaggi, accanto ad una percentuale di "indifferenti" o "euroscettici", molti intervistati hanno lamentato la poca autorità del Parlamento europeo nel contesto istituzionale comunitario2 confidando in ulteriori progressi strutturali. Il mancato raggiungimento di questo obiettivo, preannunciato già prima del 1979, insieme alle vicende politiche legate al proprio Paese, ha gradualmente provocato negli elettori reazioni di protesta attraverso il non voto o il voto negativo3, comportamenti capaci di delineare una partecipazione differente rispetto alla decisione di esprimere la propria scelta. Questo tipo di elettore ha mostrato di essere stato raggiunto dall'informazione diffusa durante le campagne elettorali e, sulla base di quanto appreso, ha deciso consapevolmente di non votare o di esercitare un voto diverso annullando o votando scheda bianca; quindi si è recato ai seggi, 2 Si vedano a questo proposito i risultati emersi nella pubblicazione della Commissione delle Comunità europee, Eurobarometro – L'opinione pubblica nella Comunità europea, Vol.1, 32/89, Direzione generale Informazione, comunicazione e cultura, Bruxelles, 1989. 3 Cfr. A. Gianturco Gulisano, La fenomenologia del non voto, in R. De Mucci (a cura di), Election day. Votare tutti e tutto assieme fa bene alla democrazia?, cit. non è rimasto inerte disinteressandosi di quanto stava accadendo. L'auspicio di un consolidamento istituzionale del Parlamento e di una maggiore coesione politica della Comunità europea non ancora raggiunti, anche per responsabilità delle politiche nazionali, ha posto l'elettore in condizione di negare il proprio contributo o protestare verso il mancato conseguimento dei risultati. L'accrescimento della conoscenza e del coinvolgimento, sebbene presenti, non sono andati di pari passo con la partecipazione. Elementi di insoddisfazione hanno caratterizzato il comportamento dell'elettore realmente europeista. I cittadini europei possono in realtà collocarsi in tre macro aree nelle quali si ritrovano gli europeisti, gli euro avversi e gli euroscettici. Se le aspettative degli europeisti sono rimaste deluse, gli euroavversi hanno parzialmente esercitato il diritto di voto alimentando quelle liste comunque presenti nella competizione europea. Gli euroscettici, invece hanno rappresentato il punto nevralgico dell'elettorato. Trovandosi in quella parte di popolazione attenta ad osservare quali e quanti cambiamenti sarebbero avvenuti a partire dal 1979 hanno avuto modo di consolidare la loro posizione continuando a percepire la Comunità ancora lontana e prevalentemente scomoda se non inutile. A differenza dell'europeista deluso che comunque ha continuato a partecipare, magari protestando, e dell'euroavverso che ha espresso il suo disappunto preferendo i partiti antieuropeisti, l'euroscettico ha proseguito nell'osservazione, affiancandosi agli incerti che sono rimasti a casa. A questo punto sono apparse inevitabili ulteriori valutazioni verso quegli elementi che caratterizzano le elezioni in genere. Ciò che attrae il cittadino ai seggi elettorali è prevalentemente il peso che le elezioni possono esercitare sui cambiamenti del governo nel proprio Paese. Il "less at stake" delle elezioni europee ha rappresentato sicuramente uno dei motivi scatenanti i sentimenti appena descritti; lo scenario si profila diverso, In such 'marker-setting' elections, voters have an incentive to behave tactically, but in a sense of the word 'tactical' that is quite different from what we see in National elections, where large parties are advantaged by their size. In a markersetting election the tactical situation is instead characterized by an apparent lack of consequences for the allocation of power, on the one hand, and by the attentiveness of politicians and media, on the other4. La mancanza di conseguenze sul livello nazionale garantita dalle elezioni europee ha "alleggerito" l'elettore della responsabilità di orientare con la propria scelta il corso della politica nazionale. Sebbene nel 1979 vi fu un'attività partitica a livello transnazionale, consentita anche dalla disponibilità di fondi in quel periodo, l'attenzione dell'elettorato fu minima. In termini di risultati transnazionali la percezione fu praticamente irrilevante; circa il cinquanta per cento dei votanti ammise di non aver idea di quali gruppi avessero ottenuto maggiori consensi. Altro aspetto da non sottovalutare si collega allo sproporzionato successo ottenuto dai partiti più piccoli rispetto ai grandi; è in questo caso che si può parlare di voto punitivo nei confronti della politica del governo nazionale. Molte le sfaccettature e tutte fondamentali per riuscire a capire il perché delle differenze comportamentali dell'elettorato, differenze che nei tre Paesi oggetto di studio si sono rivelate estremamente rappresentate. In linea con la tradizione, gli elettori dell'Italia e della Francia hanno mostrato una partecipazione considerevole, evidentemente legata alle vicende che hanno caratterizzato il dibattito politico nazionale negli anni 1979 – 1989. Il voto "pseudo-obbligatorio" dell'Italia ha mantenuto alta la percentuale dei votanti, ma i risultati hanno mostrato orientamenti variabili nelle tre tornate esaminate. Il caso francese ha mostrato una escalation della destra attraverso i consensi ottenuti dal Front National in risposta ad un importante declino del Partito comunista, anche in considerazione di una progressiva dispersione di voti dovuta alla presenza di numerose liste, in particolar modo nel 1989. Il caso anglosassone si colloca in una posizione particolare rispetto agli altri due Paesi, ma sarebbe più giusto dire rispetto a tutti gli altri. A fronte di un orientamento nazionale tendenzialmente contrario alla Comunità europea, fra le ideologie maggiormente rappresentative si è distinto un Partito conservatore desideroso di giocare un ruolo importante nel contesto europeo, consapevole quindi del significato che la competizione europea 4 C. Van der Eijk, M. Franklin, M. Marsh, What voters teach us about Europe-Wide Elections: what Europe-Wide Elections teach us about voters, in "Electoral Studies", vol. 15, n. 2, p. 157. avrebbe potuto assumere per la riuscita dell'intento. L'importanza del suffragio sovranazionale non fu invece immediatamente compresa dai Laburisti, che di fatto ottennero una pesante sconfitta nel corso del primo appuntamento con lo scrutinio europeo, ravvedendosi in seguito e riuscendo a superare i Conservatori anche grazie all'inizio del declino del governo Thatcher. Un elemento che ha accomunato tutti i Paesi della Comunità è stato rappresentato dalla progressiva affermazione dei Verdi. Lo studio effettuato attraverso una costante attenzione al dibattito politico di ciascun Paese, insieme alle strategie attuate dagli attori, consapevoli fin dall'inizio che la sfida europea li avrebbe impegnati non più o meno di quella nazionale, ma sicuramente in modo diverso, ha condotto ad un approfondimento verso il singolo cittadino che assumendo in sé il ruolo di attore principale ne ha determinato gli esiti. Le risultanze dei dati emersi dalle consultazioni avvenute negli anni 1979 – 1989 non possono considerarsi soltanto per il puro dato numerico. La molteplicità dei fattori che hanno influito sulla scelta di votare o meno ha mostrato un elettore che, pur appartenendo a paesi diversi e con differenti livelli culturali, è stato in grado di decidere basandosi su considerazioni affatto superficiali, operando un'attenta scelta dei numerosi elementi che avrebbero potuto favorire il rafforzamento politico-istituzionale europeo: una tacita selezione dell'elettorato, che inevitabilmente ha lasciato fuori tutti coloro che non hanno ritenuto importante impegnarsi per una consultazione ritenuta priva di un qualsiasi tornaconto. Classe politica poco convinta, informazione discutibile, scarsa conoscenza da parte dei cittadini riguardo al ruolo del Parlamento europeo, inefficacia della comunicazione, hanno contribuito a costruire un elettore diverso dal solito, più attento, in possesso di maggiore senso critico nei confronti di uno scenario nuovo e molto più complesso rispetto a quello nazionale5. Dalla pluralità di elementi emersi durante la ricerca attraverso il ricorso all'interdisciplinarietà per cercare di comprenderne maggiormente i significati, sono emersi dettagli che hanno stimolato ad ulteriori approfondimenti. 5 Cfr. Commissione delle Comunità europee, Eurobarometro – L'opinione pubblica e l'Europa, 9/89, Direzione generale Informazione, comunicazione e cultura, Bruxelles, 1989. Successivamente alle considerazioni storico – politiche , ciò che si è voluto sottolineare, attraverso l'analisi sociologica, riguardo alle elezioni europee nel loro complesso e nella loro perpetua considerazione di elezioni secondarie, è che tutti i fattori esaminati ne mostrano un'immagine differente, che non vuole assolutamente porsi in contrasto con l'interpretazione dei dati puri, ma vuole indurre a considerare maggiormente i numerosi fattori, che per la qualità e la quantità riscontrata permettono di ottenere un quadro più completo dei fatti, andando oltre al mero dato partecipativo sul quale, indubbiamente, la differenza con la partecipazione nazionale è di tutta evidenza. L'esame approfondito è apparso ancor più necessario alla luce del tortuoso processo di costruzione europea e del macchinoso assetto istituzionale comunitario, al fine di poter tenere nella giusta considerazione il maggior numero di elementi possibile, non tanto per giustificare i risultati, ma quanto, piuttosto, per riflettere su di essi cercando di distribuire una responsabilità policentrica a partire dalle forze politiche per finire al cittadino stesso. ; Jacques Delors used to talk about European institutions as an O.P.N.I Object Politique Non Identifié. His opinion appears a compromise between his interest to protect National rights and the need to give lasting and autonomous governance to the European integration process. Actually from the European Community model, two different ways of thinking the governance derived both influenced by the instability of the model itself. The first one aimed at a political union; as Riccardo Perissich says: "Ai limitati trasferimenti di sovranità già decisi, altri ne sarebbero seguiti, anche se sempre in modo graduale. Coerentemente con questo approccio, le istituzioni avrebbero dovuto evolvere verso un modello classico. La Commissione si sarebbe trasformata in un esecutivo federale; il Consiglio dei ministri in un "Senato degli Stati"; l'Assemblea parlamentare in un vero Parlamento federale"6. The second one tried not to neglect the sovereignty principle by transferring technical and political power according to the Treaties. This second view increased doubts and mistrust towards the European Parliament and Commission as well. European Member States agreed above all with the first view, except for the France of Charles De Gaulle who was still convinced of his idea of not giving power to supranational level. Following the unification between ECSC, EEC and EAEC there was a single Commission for the whole administrative system while the Parliament had competence on the European budget; direct election to European Parliament was referred to as "temporary" in Article 138 of the European Community Treaty; then the Parliament would plan the way for a single procedure election regarding all Member States. Between 1951 and 1976 there were many proposals to define a direct universal suffrage, but only in 1979 this target was achieved. This result meant a significant change also for the polical and institutional 6R. Perissich, L'Unione Europea una storia non ufficiale, Milano, Longanesi, 2008, p.54. communication that became fundamental to reach citizenship during the election campaign. In 1974, during the French summit chaired by Valéry Giscard d'Estaing, were both established the European Council and the direct election of the European Parliament. The European Parliament finally elected by European citizens would require an increase in both political and institutional influence. The direct elections would enhance popular interest in European affairs as well as raise people's awareness of the Parliament itself. This last aspect emphasized the differences between the federalist and the "gradualist" trend. The first one considered the direct elected Parliament as a "Congress of European People", that is to say the constituent power of the future European Federation. Many famous people were constantly engaged in the European integration cause as politicians and intellectuals did by committing themselves to legitimizing the role of the European Parliament in relation to other institutions, particularly the European Commission. Reference can be made to Altiero Spinelli, Enrico Berlinguer, Simone Veil, Helmut Kohl, Jacques Chirac, just to mention some of them. Members of the European Parliament (MEP's) began their job by addressing many issues such as the question of communist nations or planning for a European TV or preparing a draft for the European Constitution. Appointing political celebrities such as Enrico Berlinguer, Simone Veil, Willy Brandt was a way to make the propaganda more effective. The 1979 election campaign as well as the other two following ones was, however, characterized by arguments too often associated with the national political discourse. All the information given to European citizens succeeded in generating interest in supranational reality above all. The turnout was lower than in national elections and the reason has to be found in the behaviour of political parties in discussing mostly national issues aiming at national targets. In spite of this, the first direct election to the European Parliament gave a breath of fresh air to the meaning of European democracy. The newly acquired legitimacy gave the European Parliament the opportunity to consolidate its power by acting a definite role inside the European decisional process that was, at that time, nebulous to say the least. Once the electoral date was scheduled all the national political parties had to face a challenge that forced them to renew their themes and topics previously chosen in national campaign. There was greater awareness of the necessity to broaden the horizon without loosing contact with voters by looking for similarities in other European political parties. This is what would allow single ideologies to merge in a wider context. We must to consider that between 1975 – 1979 inside the European Parliament there were representatives of parties sharing outlooks similar to the national ones, but different ways of thinking made these coalitions too weak, above all because of the predominant national interests. The primacy of national parties has always been an obstacle to the autonomy of groups and federations, neglecting the implementation of European parties. After the first direct European elections the new MEP's were a kind of "trait d'union" with their own electorates, their own party, the European coalition and the Parliament as well. The peculiar features of the political-institutional path of the European Parliament concerning the three countries studied showed differences that have characterized their participation in European elections. While Italy and France, founding members of EC, were too busy to deal with national issues during electoral campaign, the UK was more attentive to evaluate the benefits of participation and Margaret Thatcher, who was Prime Minister from 1979 to 1990 was particularly suited for such an attitude. While during the first direct election there was a need to bring some new element in organizing the electoral campaign in order to reach a wider consensus, the following two elections made political forces more reflective about the decline in turnout. Too many national issues made the communication weak, particularly for the French campaign. What citizens perceived was the little confidence of political parties and that was the reason for such a large incertitude among the people. On the other hand, the Community campaign too showed a partial efficiency. So what kind of elections are we talking about? Still "second order" elections? This is not the picture that emerged from my research conducted on the historical and political fields. Participation is inversely proportional to the preparatory work, both from a political point of view and from an administrative-institutional one, which was far superior to any national suffrage. So, why didn't voters participate so enthusiastically? Many answers are possible because many are the causes of such an odd behaviour: little attention to European issues, quality of communication, propaganda too close to the election date, distance between citizens and istitution, the cultural level of voters, election dates too close to those of national elections, lack of confidence of the political class were all contributing factors in low participation. In the middle of this mess the European citizen becomes the protagonist for the success of such a performance. Despite numbers reveal a gradual decline in the ten years examined, European citizens have not remained indifferent to the changes introduced by the European integration process. Many surveys showed that in addition to a percentage of "indifferent" or "eurosceptical" people, there were citizens who asked for a stronger Parliament hoping that this result would be reached sooner or later. The failure to achieve this goal as well as the political events of each nation have gradually caused an outcry against the vote expressed either in nonvoting or in negative-vote; these different behaviours show a different way of participating . The voter who, though informed by the electoral campaign, decided not to vote or to give a different vote by cancelling his vote or returning blank−voting ballot, went nevertheless to the polling station and didn't stay at home ignoring what was happening. The unfullfilled hope for an institutional strengthening of the Parliament and for greater political cohesion of the European Community, due to political responsibilities, didn't allow the voter to contribute or protest against the non-achievement of results. Citizens' increased knowledge and involvement did not keep pace with the participation; some elements of dissatisfaction have characterized the behaviour of the pro-Europe voter. The three main groups in which European voters may be included are pro- Europe, anti-Europe and eurosceptics. Whereas the pro-Europe voters' expectations have been disappointed, the anti-Europe voters have partially exercised the right to vote feeding this kind of lists in the European competition. Eurosceptics, on the other hand were the centerpiece of the electorate. Being careful observers of which and how many changes have occurred since 1979, citizens have been able to consolidate their position by continuing to perceive the Community as still too distant and mostly uncomfortable if not useless. They have continued their observation by standing together with those uncertain people who stayed at home. At this point it appeared inevitable to assess also those elements that characterized the elections in general. What attracts people to the polling station is mainly the weight that elections may have on the governmental changes in their own countries. The "less at stake" of European elections surely showed one of the reasons just described. We are therefore facing a different context, In such 'marker-setting' elections, voters have an incentive to behave tactically, but in a sense of the word 'tactical' that is quite different from what we see in National elections, where large parties are advantaged by their size. In a markersetting election the tactical situation is instead characterized by an apparent lack of consequences for the allocation of power, on the one hand, and by the attentiveness of politicians and media, on the other7. The lack of consequences on the national level where European elections are concerned lightened voters by taking away their responsibility in directing the national political course. Although in 1979 there was a political activity at the transnational level, the electorate's attention was very scarce. The result showed 50% of voters admitting to their disinformation about the groups that achieved greater consensus. 7 C. Van der Eijk, M. Franklin, M. Marsh, What voters teach us about Europe-Wide Elections: what Europe-Wide Elections teach us about voters, in "Electoral Studies", vol. 15, n. 2, p. 157. Another issue is the large success gained by smaller parties; in this case it is possible to talk about a "punishment vote" against the policy of the national government. The three cases studied showed different ways of participating. Italian and French voters showed a considerable participation according to their tradition also because in the 1979 – 1989 period there was an interesting political debate. The Italian "pseudo-compulsory" vote kept the percentage of voters high, but the outcome showed changing directions during the above mentioned period. Looking at the outcomes got by the Front National the French case showed an escalation of the Right next to to a significant decline of the Communist Party. There was also a substantial dispersion of voting because of so many rolls, particularly during the 1989 elections. The British case is a special one for the particular behaviour towards the European integration process. The Conservative Party wanted to play an important role in the European context and for this reason European elections were considered as a way to succeed in it. On the contrary the Labour Party did not immediately understand the importance of such a crucial opportunity; the outcome of the 1979 European elections was disastrous and they met an evident defeat that therefore was useful to understand many things for future elections. All three countries have seen the progressive growth of the Green Party. The present study has paid constant attention to to the political debate in each country, and to the strategies implemented by the actors, who were aware from the beginning that the European challenge would engage them in different ways. It was, moreover, focused on the individual citizen's ability to determine the election outcome. Considering the outcome through the mere numerical data gives a partial view of the whole context. There are so many aspects that influenced the decision to vote or not. There was a selection among voters that showed citizens who desired a more political union operating a political and institutional strengthening in opposition to those who did not want to engage themselves in an election without any gain. An unconvinced political class, questionable information, lack of knowledge among citizens about the role of the European Parliament have built a different voter, a more attentive one, with a greater critical sense towards a newer context different from the national one. The diverse elements which have emerged from this interdiciplinary study have led to further insights. After historical considerations, a sociological analysis has been carried out on European elections as a whole and their "second order" perception. From these considerations a new picture has emerged, which is not in absolute contrast with the interpretation of the raw data. The quality and the quantity of so many factors allow a more complete picture of the facts, going beyond the mere participation on which, undoubtedly, the difference with the national presence is quite evident. Detailed examination appeared necessary in the light of the tortuous European building process, in order to take into account as many elements as possible, not only to justify the results, but rather because, to reflect on them trying to deploy a polycentric responsibility from the political forces to the citizens themselves.
The citizens' relationship toward the European integration process and the European Union is a dynamic category, varying from country to country and from time to time. The changes in attitudes are affected by occurrences at the EU level, as well as processes taking place in each individual country. However, in spite of the differences and changes, there are tendencies of a more permanent character, which explain the relationship of citizens toward the processes and institutions of the united Europe. Therefore the data collected on the sample of youth and adults in Croatia at the beginning of 2004 give an insight, not only into the attitudes of that moment, which are more or less susceptible to changes, but into trends that enable us to gain scientific insights about the subject of our research. In this analysis the relationship of the participants towards European integration and the EU was investigated through numerous indicators, with emphasis on the perception of the consequences of Croatia's accession to the European Union. However, other aspects of the relationship toward Europe and the EU, which represent a wider context for the understanding of the perception of consequences of entering Europe, were also investigated. The results obtained demonstrate that most young and adult participants in Croatia actually had a neutral perception of the EU – even though there are more of those with a positive than a negative image – and it is logical to assume that this neutrality might be relatively easily changed under the influence of different factors. Nine out of ten participants even supported Croatia's integration into the European Union at the beginning of 2004. Among them, most were Euro-skeptics, that is, those who believe that too much is expected from accession. At the same time, the Euro-enthusiasts (expecting comprehensive benefits from accession) and Euro-realists (believing that integration is inevitable for the survival of small countries) were considerably less numerous. The domination of Euro-skeptics again warns of the instability of the relationship towards the EU, which can be influenced by different events both in the EU and in Croatia. However, in spite of the expressed skepticism, two thirds of participants expected that Croatia will be an equal member of the Union by 2010 at the latest. The experiences of other transitional countries also demonstrated that there are numerous obstacles on the road to a united Europe. Our participants ascribed these obstacles equally to Croatia and the EU, however, the number of young participants emphasizing the EU's responsibility increased from 1999 to 2004, while the number of those stressing Croatia's responsibility decreased. Also, to determine the relationship towards European integration and Croatia's accession to the Union, the findings about the expected positive and negative consequences, once Croatia is integrated into the EU, are most important. Again, both the young and the adults expect more advantages than undesirable consequences. However, there was a mild decrease in the expectance of positive, and an increase in the expectance of negative consequences in the five year period between the two pieces of research. In spite of all these tendencies, the expectations of youth are more positive than those of the adults. The greatest positive expectations were registered on an individual and socio-cultural level, while socio-economic enthusiasm waned. Indeed, it is because of the socio-economic unpreparedness of Croatia for joining a developed European environment, that most negative consequences are expected. An insight into the perception of the social and political consequences of Croatia' s integration into the European Union was gained with the aid of a number of indicators. Thus, research into the expected development of the EU in the coming ten years demonstrated that only the opportunity for easier travel, work, study and life in Europe is something most participants expect, where this opinion is accepted by two out of three young participants. However, they are quite afraid of the costs of integration for Croatia and the worsening of the farmers' position. The adult participants expect more social problems than the young, including a higher level of unemployment. The negative consequences for their own countries are also less perceived by the young in Croatia than was the case with their counterparts in the Union. Related to the fears from the building of a united Europe and European Union, we determined that the young in Croatia are most afraid of the abolition of the Croatian currency and an increase in crime, and least afraid of the potential loss of social privileges. The adult participants, on the other hand, are consistent in demonstrating a higher level of fear in all the examined elements. The fears of the participants from the enlarged EU are somewhat different – the greatest fear is that of employment transferring to other countries, as well as an increase in crime and the drug trade, difficulties for farmers and the price their country will have to pay due to the construction of the EU. Both the young and the adult participants in Croatia are less worried about losing their national identity, language and social privileges than the Europeans. One of the most important components of the construction of Europe and the EU is the enlargement process, although the current crisis that the European integration process is going through, may result in an intermission in its tempo and scope. All our participants emphasize the multifaceted benefits from EU enlargement, followed by the positive influence of that enlargement on Croatia, while the efforts the Croatian authorities are putting into joining the Union were evaluated quite poorly. The adults accept all these attitudes more than the young, as well as valuing Croatia qualities more. Almost two thirds of the participants from the EU candidate countries, on the other hand, gave high marks in 2002 to all the potentially positive consequences of EU enlargement, but one quarter also demonstrated a fear of the possible increase in unemployment in their countries. The potential accession of Croatia to the European Union will also signify a change in the way decisions are made, in the sense that some will be made at the national level, and some along with the EU. Our participants have in this regard turned out to be very prepared for integration, for most of them believe that four fifths of all the observed areas should be the subject of joint decision-making by Croatia and the EU. The only areas in which, according to the opinion of the young participants, Croatia should decide autonomously, are the acceptance of refugees, the judiciary, culture, agriculture and fisheries and the police. The European share a different opinion on this issue, and believe two thirds of the stated areas should be decided upon by their country along with the EU, while it should be autonomous in the fields of preventing juvenile crime, urban violence, then education, basic rules regarding the media, health and social care, as well as unemployment. The perception of the potential winners and losers of Croatia's membership in the EU is especially indicative. Different social groups were, based on the perception of the young participants, structured into the potential losers from integration (e.g. farmers, retired persons, manual workers, the unemployed), potential winners of integration (such as the inhabitants of the capital and some regions, youth and all Croatian citizens), and sure winners of integration, who are also best prepared for Croatia's accession to the EU (experts, those who speak foreign languages, the political elite, managers and large companies). Indeed, it was demonstrated that the young believe the greatest winners from EU integration are those that are today in a relatively better position in Croatian terms, and those whose existing position is not invidious and who most need a better future, were seen as potentially the weakest winners. It is encouraging that the young put themselves in the group of potential winners, meaning they believe that the existing capabilities and potentials of their generation only need optimal circumstances to be fully expressed. Since people that speak foreign languages are perceived as certain winners of joining the Union, we have particularly examined this aspect of readiness for accession. The data about the knowledge of foreign languages is less than thrilling, especially compared to the knowledge of foreign languages of the young in the EU. The first position, of course, belongs to the English language. However, unlike the European results, where the knowledge of French is next in line, in Croatia the second most common foreign language is German. The young speak both these languages more than the adult participants, while they are in a worse position regarding other foreign languages researched (Italian, French, and Russian). In this research, we also determined that approximately three quarters of our participants are proud of the fact that they are Croatian citizens, while somewhat more than half of the young and slightly fewer adults are proud to be European. The young are those with a slightly more critical attitude towards their national identity and are especially avid in the positive validation of their Europeism. However, the most interesting finding is that all the Croatian participants feel less national pride than the population of the European Union, while it is understandable that the EU participants emphasize their pride in being European more often. The answers of the participants regarding the content of the " citizen of the European Union" indicate that neither the young nor the adults have a coherent conception of citizenship in the EU. Still, the right to work, live and study in any EU member country is the key element of understanding this citizenship, with the young in Croatia, as well as youth in the Union itself. Also, both the young and the adult participants in Croatia chose as the least important the general active suffrage, regardless of elections being held for the European Parliament, the national or the local representative bodies. Only one out of four participants from Croatia believes they will have some personal benefits from Croatia's membership in the EU, while almost half of the young and a third of the adult participants have no defined opinion on this issue. This feeling is clearly very much linked to the issue of the personal meaning the European Union has for the participants, where neither the young nor the adults have a homogenous perception. Only one answer occurs in the majority of cases – the EU is a way of creating a better future for the young, while little support was given to the claim that the EU signifies a " European Government" , superior to the national states who are the Union's members. Unlike the youth in Croatia, those from the Union countries mostly emphasize the freedom of movement, while in time the concept of the " European Government" grew more pronounced in their attitudes. Like the Croatian youth, the young in the EU have an equal fear of Euro-bureaucracy, the loss of cultural diversity and the Utopianism of the European idea. Intrigued by the often publicly expressed concern about the emigration of young, especially highly educated people, to other country, we deemed it necessary to explore the readiness of our participants to spend a certain period of time or their whole life abroad. According to our data, two fifths of young people would like to spend a long period of time (working and studying) abroad, while a quarter of Croatian youth would leave forever. The desire of youth to gain certain knowledge, material wealth and experience in other countries is not in question, especially if it is taken into consideration that the young are also the most mobile and flexible segment of society. However, the information that a quarter of youth wishes to abandon this country forever (while not all of them will do so), is worrisome, seen from the point of view of human capital, which is extremely important for the survival and optimal development of a small country such as Croatia. Also, it is important to mention that the percentage of youth that would go abroad forever, with or without an adequate opportunity, increased over the five year period, which is an indicator of the unfavorable trends in the social development of Croatia. The adult participants, on the other hand, demonstrate a more conservative attitude toward the possible emigration of their children to one of the Union countries, but are still prepared to accept their studying and training in the EU, and only 14% of them would like their children to reside permanently or during their working life in one of the European Union member countries. The analysis of the differentiation of youth regarding European integration and the EU indicated the limited influence of the social attributes used. In other words, the young are relatively homogenous in their perception of a unified Europe as well as expectations from Croatia's accession to the European Union. However, there are certain differences, and they are mostly caused by party identification, socio-professional status, regional status and religiousness. The conclusion is that the most influence is exerted on the attitudes toward the European integration process by ideological-political orientations and existing social status as well as the specifics of the wider environment. It was, hence, shown that the supporters of the left of center parties, the pupils and students, the inhabitants of more developed regions and the non-religious participants are more inclined to the EU and the integration process, and emphasize the positive consequences and potential gains from Croatia's accession to the Union more than they express their fears from the negative consequences. This also applies, although to a lesser degree, to young men, the academically educated youth, with an urban background and/or domicile, while the age related differences within the young population are inconsistent. Therefore, we can say in short that the higher social competence of youth is reflected in the formation of a stable and consistent pro-European orientation. Since this group still consists of a minority of youth, it is obvious that a great effort on the part of the advocates of integration is necessary, especially the political protagonists, to attract the majority of youth that are vacillating and, thus, susceptible to influences often opposite in nature. Finally, two most important tendencies may be stressed, which are the result of the research data about the relationship of youth towards the European integration process. The first indicates that the young generation in Croatia is recognized – both by themselves and by the adults – as one of the potentially greatest winners of the European integration process and, in that context, of Croatia's accession to the European Union. The second trend demonstrates that the young, in relation to the adults, consistently demonstrate a more definite pro-European orientation. Both these tendencies suggest that the potentials of youth are a resource to be taken into serious consideration on Croatia's path to the EU, and then in its adequate development in the new circumstances that will arise. Hence, along with all the other damage, which would occur by stopping the EU enlargement process, one of the undesirable consequences would also be the weakening of the motivation and Euro-optimism of youth in Croatia. This would, therefore, additionally aggravate the negative consequences, because they might be used as one of the more important motors for the development of this country, which does not seem to be going in the right direction, in more favorable circumstances – which the assured accession of Croatia to the EU would contribute to.
This paper uses a case study of Costa Rica to identify the reasons why democracy is conducive for development. By the mid-twentieth century, Costa Rica had begun to depart from the all-too-common mixture of political instability and economic stagnation characteristic of much of the developing world. This paper claims that this country has benefited from better-than-average public policies, a conclusion based upon an original assessment of policy effectiveness and a major comparative ranking of state policies. It largely rejects the interpretation that uncommon development performance stems from institutions created during the colonial period and instead emphasizes how unending political stalemates gradually made the struggle for power more democratic. A central conclusion of this paper is that political competition-as well as steady economic growth rates and development, more generally-interact with and reinforce each other so that the exercise of power foments rather than retards economic growth.
Issue 25.3 of the Review for Religious, 1966. ; Constitutions of Lay Congregations by Joseph F. Gallen, S.J. 361 Attitudes towards Religious Garb by Sister M. Clauddle Miller, S.U.L. 438 Charity: A Doctrinal Synthesis by Guy de Broglie, S.J. 447 One Art of the Confessor by Andrew Weigert 484 Spiritual Preparation of a Chapter by Sister M. Guthbert Hdlwig, S.G.M.M. 489 The Particular Friendship by Joseph B. Simons, G.S.G. 496 Charity and/or Human Love by Brother Joachim Frederick, F.S.G. 501 o The Religious Habit by Sister Mary Bonaventure, O.S.F. 505 Searching for Good Managers by Richard M. McKeon, S.J. 511 Gnosis by Donald A. Spoto, F.S.C.H. 515 Survey of Roman Documents 516 Views, News, Previews 524 Questions and Answers 530 Book Reviews 534 JOSEPH F. GALLEN, S.J. .,Typical Constitutions of Lay Religious Congregations INTRODUCTION The purpose of the present work is to give the canoni-cal or legal articles found in the constitutions of pontifical and diocesan congregations of sisters and brothers, both with and without provinces, but not those of the con-stitutions of orders of nuns nor of a lay order of men. The collection has been compiled from approved constitutions and is intended primarily as an aid to the understanding of the law that governs all such institutes. It will be of service in any revision of the constitutions of lay con-gregations, even after the revision of the Code of Canon Law. The collection will likewise help any study not only of the excessive but also of the proper and necessary place of law in the religious state. It should be useful also for any theoretical 'or practical effort for the more perfect union and harmony of the juridical with the scriptural, theological, ascetical, and liturgical elements of the re-ligious life. The usual terms have been retained because they are in actual use in constitutions. There is a discernible de-sire or tendency at present to replace some of these ,terms with more familiar words, for example, dining room for refecto}y, room or bedroom for cell, directress for mistress, and so forth. The pertinent canons are cited under the individual articles for ready reference. They should not be so expressed in general revisions of con-stitutions proposed to the Holy See and, if included in the printed edition of the constitutions, canons are more appropriately placed in a table at the back of the book. The canons given in the table or index of sources at the back of this article are those that appertain to the con- 4. 4. 4. Joseph F. Gallen, $.J., is professor of canon law at Wood-stock College; Woodstock, Mary-land 21163. VOLUME 25, 1966 stitutions of a pontifical congregation of women. A trans-lation of the canons that concern lay religious can be found in Canonical Legislation concerning Religious, Rome: Vatican Press, 1918. The second column in the index of sources contains the citations of a ~,ery fundamental document on which the constitutions of most lay congregations are at least ultimately based, that is, Normae secundum quas Sacra Congregatio Episcoporum et Regulariura procedere solet in approbandis novis institutis votorum simplicium, Rome: Vatican Press, 1901 (referred to as the Normae of 1901). The third column is the Normae pro constitutioni-bus congregationum iuris diocesani a Sacra Congrega-tione de Propaganda Fide dependentium, Rome: Vatican Press, 1940 (referred to as Propagation of the Faith Con-stitution Outlines of 1940). This document is expressly for diocesan missionary congregations but it is a good guide to the more general practice of the Holy See. A like extension is true of the document of the fourth and last column of the index of sources, which is Statuta a sorori-bus externis monasteriorum monialium cuiusque ordinis servonda, Rome: Vatican Press, 1931 (referred to as Statutes for Extern Sistersof 1931). These Statutes can be found in Latin in Coronata, Institutiones iuris canonici, V, ed. 2, Turin: Marietti, 1947, 244-57, The Normae of 1901 and the Propagation of the Faith Con-stitution Outlines of 1940 are contained in Latin in Schaefer, De religiosis, ed. 4, Rome: Apostolato Cattolico, 1947, 1079-1135, and also in Ravasi, De regulis et consti-tutionibus religiosorum, Rome: Descl~e, 195.8, 195-226, 234-57. ÷ ÷ ÷ ]. F. Gallen, S.]. REVIEW FOR RELIGIOUS 362 CONTENTS " PART I PURPOSE OF THE CONGREGATION ADMISSION OF MEMBERS MANNER OF LIFE CHAPTER PAGE I Title, Purpose, and Spirit of the Congregation (I-4) 365 II Members, Precedence, and Titles (5-9) 365 III Religious Habit (10-17) 368 IV Dowry and Material Entrance Requirements (18- 28) 369 § 1 Dowry (18-25) 369 § 2 Material Entrance Requirements (26-28) 370 V Admission of Candidates (29-37) 371 VI Postulancy (38-45) 373 VII Noviceship (46-71) 374 § 1 Place of the Noviceship (46-49) 374 § 2 Requirements for the Noviceship (50-57) 374 § 3 Formation of the Novices (58-64) 375 § 4 End of the N0viceship (65-69) 376 § 5 Profession of a Novice in Danger of Death (70--71) : 377 VIII Religious Profession (72-81) 377 IX Vow and Virtue of Poverty (82-93) 380 X Vow and Virtue of Chastity (94) 381 XI Vow and Virtue of Obedience (95-100) 381 XII Penance and Holy Eucharist (101-117) 382 § 1 Penance (101-112) 382 § 2 Manifestation of Conscience (113) 384 § 3 Holy Eucharist (114-117) 385 XIII. Religious Exercises (118-124) 385 XIV Mortification and Penance (125-126) 386 XV Enclosure, Correspondence, Silence (127-138) 387 § 1 Enclosure (127-133) 387 § 2 Correspondence (134-136) 388 § 3 Silence (137-138) 388 XVI Apostolate (139-141) 389 XVII Care of the Sick (142-146) 389 XVIII Suffrages for the Dead (147) 390 XIX Departure and Dismissal (148-.164) 390 § 1 Unlawful Departure (148-151) 390 § 2 Departure at the Expiration of Temporary Profession (152) 391 § 3 Exclaustration and Secularization (153-154) 391 § 4 Dismissal by Decree of a Professed of Tem-porary Vows (155-156) 392 § 5 Dismissal by Decree of a Professed of Per-petual Vows (157-160) 393 § 6 Automatic Dismissal of a Professed of Per-petual or Temporary Vows (161) 395 § 7 Provisional Return of a Professed of Per-petual or Temporary Vows to Secular Life (162) 395 + ÷ + Constitutions VOLUME 25, 1966 363 § 8 Effects of Dismissal (163) 396 § 9 Charitable Subsidy (164) 396 ÷ 4. ÷ PART II GOVERNMENT -o XX Supreme Authority (165-167) 396 XXI General Chapter (168-232) 397 § 1 Convocation and Members (168-176) 397 § 2 General Norms to be Observed in Elections (177-194) 398 § 3 Election of Delegates (195-205) 400 § 4 Provincial Chapter (206-213) 403 1. Convocation and Members (206-207) 403 2. Sessions (208-213) 403 § 5 Preliminary Sessions (214-216) 404 § 6 Election of the Mother General (217-222) 404 § 7 Election of the General Officials (223-224) 405 § 8 Chapter of Affairs (225-232) 406 XXII Mother General (2~3"241) 408 'XXIII Canonical Visitation (242-249) 409 XXIV General Council (250-271) 411 § 1 Councilors and Their Duties (250-265) 411 § 2 First Councilor (266-271) , 415 XXV Secretary General (272-276) 416 XXVI Procurator General (277-280) 416 XXVII Treasurers and the Administration of Temporal Goods (281-306) 417 § 1 Treasurers (281-282) 417 § 2 Treasurer General (283-284) 417 § 3 Provincial (and Regional) Treasurers (285) 418 § 4 Local Treasurers (286-287) 418 § 5 Administration of Temporal Goods (288- 303) 418 § 6 Prohibited Acts (304-306) 421 XXVIII Provinces (307-320) 421 § I Mother Provincial (309-314) 421 § 2 Provincial Councilors, Secretary, and Treas-urer (31 5-320) 423 XXIX Regions (321-324) 425 XXX Houses (325-339) 426 § 1 Houses (325-327) 426 § 2 Local Superiors (328-334) 427 § 3 Local Officials (335-339) 427 XXXI Mistress of Novices (340-346) 428 XXXII Constitutions (347-356) 429 § i Ol~ligation, Change, Interpretation (347- 353) 429 § 2 Dispensation (354-356) 430 Index of Sources 431 ~. F. Gallen, S.]. REVIEW FOR RELIGIOUS 364 PART I PURPOSE OF THE CONGREGATION ADMISSION OF MEMBERS MANNER OF LIFE CHAPTER TITLE, PURPOSE, AND SPIRIT OF THE CONGREGATION 1. The Sisters of . are a pontifical (diocesan) con= gregation1 whos~ general purpose'i~ the glory of God and the sanctification of its members by the observance of the three simple vows of poverty, chastity, and obedience, (of.the Rule of),2 and,of theseconstitutions. 487-8, 1--4°; 593;. 492, § 38 2. The special purpose (for example) is the imparting of a Christian education and the care of the sick in hos-pitals. 3. (Pontifical,and diocesan erected from July 16, 1906)4 Without the permission of the Holy See the special pur-pose may not be changed, nor m~y works that are not included in it be added in a general and permanent man-ner.' 618, § 2, 1° , ~ 4. (Diocesan erected before July 16, 1906) Without the consent of all the ordinaries ih whose dioceses the congre-gation has houses, the special purpose, etc., as in the pre-ceding.~ 492, § 2; 495, § 2 CHAPTER II MEMBERS, PRECEDENCE, AND TITLES 5. The members form one class of sisters subject to the one mother general and living under'the same com-mon discipline. Those who have made profession of ¯ Aggregation to a first order, if it exists, should be expressed here, e.g., "affiliated to the Order of Friars Minor." Canon 492, § 1 should also be then added to the canons cited~ ~ "Of the Rule of" is included only if the congregation has a Rule, for example, of St. Augustine, Benedict, Francis. s When the number of.a canon is printed in roman type, the rela-tive article "of the constitutions is wholly or partly the canon. When the number of a canon is in italics, the relative article has reference to the canon. The canons are cited here under the individual articles for facility of reference. They should not be included in the text pro-posed to th~ Holy'See, find in the' printed text, if included, they are much more suitably placed in a table immediately before the alpha-betical index. ' By the motu proprio Dei providentis of Pius X, July 16, 1906, the local ordinaries were not permitted thereafter to erect diocesan congregations without first consulting the Holy See on th~ name, habit, purpose~ and other matters, none of which could then be changed, without the consent of the Holy See. 5 One.or more articles on either or both the spirit and the patrons of the congregation arevery frequently added to this chapter. + Constitutions VOLUME 25, 1966 365 ÷ ÷ ÷ I. F. Gallen, S.~. REVIEW FOR RELIGIOUS 366 temporary vows enjoy the s'ame indulgences, privileges, and spiritual favors as the professed of perpetual vows, and in case of death have the right to the same suffrages. They are equally obliged to the observance of the con-stitutions. The novices also enjoy all the privileges and spiritual favors granted to the congregation; if they die they have a right to the same suffrages as are prescribed for the professed sisters. The novice is subject to the mistress of novices and the superiors and is obliged to obey them. 578, 1-2°; 567, § l; 561, § 2; 488, 7° 6. The sisters' are granted active and passive voice by perpetual profession.6 578, 3° 7. The following is the order of precedence.7 a) The mother ge'neral precedes all superiors and sisters in the whole congregation. b) The mother assistant has the same precedence after the mother general. , N.B. In some constitutions the mother assistant is given only, ~he precedence accorded to the gen-eral councilors. c) The general councilors, in the order of their elec-tion, in the motherhouse. In other houses they follow the mother provincial and the local superior. N.B. In some congregations the general councilors have this precedence also in the other houses; in some the local superior precedes the general coun-cilors also in the motherhouse. d) The secretary general, in the motherhouse. e) The treasurer general, in the motherhouse. In other houses the secretary and treasurer general follow the local superior. N.B. In a few congregations the treasurer gen-eral precedes the secretary general. In pontifical congregations of brothers, the procurator gen-eral precedes or follows the secretary and treasurer general or precedes the latter. f) Former mothers general, in the motherhouse. In other houses they follow the local superior. N.B. The varying practice on former mothers general in some constitutions is as follows: they immediately follow the general councilors; they are always preceded by the mothers provincial or the local superiors; or they are given no special precedence. g) The mothers provincial. N.B. In her own province, the mother provincial ~ This is merely an illustrative article. The possession of active and passive voice varies in different institutes. The article on this matter is found more commonly only under the election of delegates. 7 The norms of constitutions on precedence are very varied. The typical article given here consists of norms frequently found. usually yields only to the mother general, a gen-eral visitor, and in some institutes, to the mother assistant. Outside their own provinces, provincials rank among themselves according to first pro-fession, or date of appointment or election, but after the local superior, except in the general motherhouse, in some institutes the local superior always precedes the provincials of other provinces. h) Vice-provincials, regional superiors, superiors of missions. i) The provincial councilors, in the provin~cialate. In other houses they follow the local superior. N.B. In some constitutions the assistant pyovincial is given precedence after the mother provincial throughout the province. The order of precedence among elected provincial councilors is that of election. j) The provincial secretary, in the provincialate. k) The provincial treasurer, in the provincialate. In other houses the provincial secretary and treasurer follow the local superior. N.B. In some institutes provincial councilors and officials are given precedence throughout the province. Other practices are: they are given no special precedence; they are given special prece-dence only when exercising their office; frequently they always follow the local superior. 1) The local superiors. N~B. In her own house the local superior usually yields only to the mother general, visitor general, mother provincial, provincial visitor, and some-times to the mother assistant and assistant provin-cial. She accordingly ranks over other local su-peridrs in her own house. Among themselves local superior~ usually ~:ank by first profession, some-times by date of appointment, and in at least one institute by the date of the foundation of their houses. m) The mistress of novices, in the novitiate house only. N.B~ Frequently the mistress follows the local as-sistant. In more recent constitutions the mistress of.junior professed is given special precedence and in at least some of these before the mistress of novices. Her precedence also is confined to the juniorate house. n) The assistant mistress of novices, in the novitiate house' o~ly. N.B. Frequently the assistant mistress is given no special precedence. o) The local assistants, in their own houses. ÷ ÷ ÷ Constitutions VOLUME 25, 1966 367 N.B. In some constitutions the local assistant pre-cedes the local superiors of other houses. p) The local councilors, in their own houses. N.B. Frequently the local councilors are given no .special precedence. At least one congregation gives former mothers provincial precedence after the local councilors. q) The professed sisters according .to the seniority of their first profession. r) The novices according to the priority of their recep-tion. s) The postulants according to the order of their en-trance. If there is no difference in the time of profession, recep-tion, or entrance to the postulancy, the senior in age pre-cedes. 106; 491 8. The visitor during the time of her visitation pre-cedes all the sisters, even the local superiors in their own houses. 106, 1° (or) A general visitor during the time of her visitation precedes all the sisters, even the provincial and" local su-periors, and a provincial visitor in the same w~ty precedes even the local superiors. 106, 1 ° 9. The mother general shall be called . The title of ¯. shall be given to . The title of all other religious is Sister. The sisters are not permitted to assume or retain any merely honorary titles or privileges. The mother gen-eral alone at the expiration of her term of office shall re-tain the title of Mother and have the precedence stated in article 7. 515 CHAPTER III ÷ 4- 4- J. F. Gallen, S.]. REVIEW FOR RELIGIOUS 368 TtIE RELIGIOUS HABIT 10. The habit is of suitable black material, reaching from the throat to the feet. It is plaited on a yoke and at the waist and has sleeves fitting close to the arms.s 492, § 3 11. The veil' of the professed sisters is of black material and light in weight. The veil of the novices is white. The coil and guimpe are of wldte material.492, § 3; 557 12. A rosary of large black beads hangs on the right side from a black leather cincture. 13. The professed sisters wear a silver ring on the third finger of the left hand. 14. The sisters are permitted to wear white habits, veils, cinctures, and rosaries while occupied in duties or in a climate that necessitates or counsels this dress. 15. All professed sisters must wear the habit both in s Al'ticles 10-14 are taken from one sqt of constii~utions and are il-lustrative of the merely external app.earanc~ of the habit that should be described in the constitutions; and out of the house, unless for a serious reason they are legitimately excused according to the judgment of the mother general (in provincial congregations: higher su-perior), 9 or, if the case is urgent, of the local superior. The habit prescribed by the constitutions for novices must likewise be worn during the entire period of the noviceship, unless special local circumstances determine otherwise. 596; 557 16. No permanent, substantial, or general change in the form or color of the habit may be made without the permission of the Holy See (but ~in a diocesan congrega-tion whose habit was not approved by the Holy See: with-out the consent .of all the ordinaries in whose dioceses the congregation has houses). 492, § 3; 618, § 2, 1° (but in the latter type o[ diocesan congregation: 492, § 2; 495, § 2;" 492, §. 3).10 17. Postulants shall wear a modest dress different from that of the novices. 540, § 2 CHAPTER IV "-FHE ~DowRY AND MATERIAL ENTRANCE I~.EQUIREMENTS § 1. Dowry 18. Postulants shall bring the dowry determined by the general chapter. The chapter may grant delegation in this matter to the mother general and her council. The dowry must be given to the mother general (in provincial con-gregations usually: mother provincial) before the be-ginning of the noviceship, or at least its payment guar-anteed in a manner recognized as valid in civil law. 547, §§ 2-3 19. The mother general (in provincial congregations: higher superior) with the consent of her council may remit wholly or in part the dowry of a candidate who lacks financial means, or because of special reasons.H 20. The prescribed dowry may not be cohdoned in any other case, either in whole or in part, without an indult of the Holy See (in diocesan congregations: without a dis-pensation from the local ordinary).1-~ 547, § 4 21. A postulant dispensed from the dowry is obliged to establish one later if she receives any substantial gift or bequest,x3 0 For brevity a congregation divided into provinces is indicated in these constitutions as a provincial congregation. a0 On diocesan~ congregations, see note 4. , = This power varies in different constitutions, and academic de-grees or like qualities are frequently emphasized as the equivalent, =In virtue of their faculties outside the Code of Canon Law, bishops and local ordinaries may dispense from the dowry also in pontifical institutes. ~ This article is found in several constitutions. ÷ + Constitutions VOLUME 25, 1966 369 22. After the first profession 0[ a sister, the mother general (in provincial congregations usually: mother pro-vincial) with the consent of her council and that of the 16cal ordinary must invest the dowry in safe, lawful, and profitable securities. The same conditions are necessary for any change in the investment. It is absolutely for-bidden before the death of a sister to spend the dowry it-self for any purpose whatsoevey, even for the building of a house or the payment of a debt. 549; 533, § 1, 2°; § 2; 2412, 1 o 23. The dowries must be prudently and justly ~dmin-istered at the habitual residence of the mother general (in provincial congregations usually: mother provincial). It is the right of the local ordinary to see to it that the dowries are maintained intact and to exact an account of them, particularly on the occasion of his canonical visitation. 550; 535, § 2 24. The dowry is irrevocably acquired by the congre-gation on the death of a sister, even though she had made profession of only temporary vows. 548 25. If aprofessed sister leaves the congregation for any reason whatsoever, her dowry must be returned to her in frill but not the interest already derived from it. 551, § 1 ÷ ÷ ÷ ]. F. Gallen, S.]. REVIEW FOR RELIGIOUS 370 § 2. Material Entrance Requirements 26. The mother general (in provincial congregations: mother provincial, or: higher superior) with the consent (or advice, or no vote required) of her council shall deter-mine the wardrobe and the sum to be paid for the ex-penses of the postulancy and noviceship. In particular cases and for just reasons, the mother general (in provin-cial congregations: higher superior, or: mother provin-cial) has the right to dispense wholly or in part from this requirement. 570, § 1 27. A record shall be kept in a special register of all the property that the candidate brings with her to the. postulancy, signed by the candidate and two sisters as witnesses. The property that has not been consumed by use shall be returned to h~r in its current condition if she leaves without having made religious profession. 570, § 2 ' 28. Those wh6 leave, either at the expiration of temporary profession or by an indult of secularization or dismissal, may not seek compensation for services ren-dered the congregation at any time from their entrance. The candidates, therefore, upon their admission to the postulancy, must sign a civilly valid document in which they declare that they" will not seek compensation for services given before or after profession, whether they leave or are dismissed. This document is to be renewed at the time of perpetual profession. 643;§ 1 CHAPTER V ADMISSION OF CANDIDATES 29. Any Catholic woman may be admitted provided she is free from all impediments, is motivated by the right in-tention, and is capable of fulfilling the duties of the re-ligious life. 538. 30. The mother general (in provincial congregations: higher superior) shall not admit a candidate to the postu-lancy before careflfl investigation has been made regard-ing her character and conduct,14 544, § 7 31. The following are invalidly admitted to the novice-ship: a) Those who renounced the Catholic faith and joined a non-Catholic sect. b) Those who have not completed their fifteenth year. c) Those who enter religion induced by force, grave fear, or fraud; also those whom the mother general (provincial congregation: higher snperior) receives under pressure of the same influences. d) A married woman as long as the bond of matrimony endures. e) Those who are or have been professed members in any religious institute. f) Those who are menaced with punishment for a grave crime which they have committed and of which they have been or can be accused. 542, 1°; 2411; 2352 32. The following are illicitly but validly admitted to the noviceship: a) Those who are burdened with debts which they are unable to pay. b) Those who are under the obligation of rendering an account of some administration or who are im-plicated in other secular affairs from which the con-gregation may have reason to fear lawsuits or an-noyance. c) Those whose parents or grandparents are in grave necessity and need their assistance; and mothers whose help is necessary for the support or education of their children. d) Those of an Oriental rite, nnless they first obtain written permission from the Sacred Congregation for the Oriental Church. 542, 2°; 98; 756; 2411 33. Only the Holy See or those who have received the faculty from it can dispense from the impediments enu-merated in articles 31-2.80; 118; 2411 34. The mother general, must have the deliberative "Canon 544, § 7 applies only to candidates for institutes of women; + + + Constitutions VOLUME 25, 1966 371 ~. F. Gallen, $.~. REVIEW FOR RELIGIOUS vote of her council to dispense the following who are bound by an impediment of the constitutions against their licit admission to the noviceship: a) Those who are illegitimate and have not been legiti-mated. b) Those over thirty years of age. c) Those who were postulants or novices in another religious institute. d) Widows. 35. When there is question of admitting candidates who have been in a postulancy or noviceship of another institute, the mother general (provincial congregation: higher superior) shall obtain testimonial letters from the higher, superior of that institute. These letters must contain the reasons fo~ the aspirant;s dismissal or volunta.ry departure, must be signed under oath by the superior, and sealed. The letters shall not be given to' the aspirant but must be forwarded to the mother ~general (higher superior) who applied for them. 544, § 3; 545; 2411 (Congregation of 'brothers) Testimonial letters must be obtained from the ordinary of the place of origin of the candidate and of every place in which he has resided beyond a morally continuous year after the completion of his fourteenth year. When ther~ is question of admitting candidates who have been in a seminary, ecclesiastical college, postulancy, or noviceship of another institute, the brother general (provincial congregation: 'higher superior)shrill obtain testimonial letters from the rector of the seminary or college after consultation with the local ordinary or from the higher superior of the religious institute. These letters must contain the reasons for the aspirant's dismissal or voluntary departure, must be signed under oath by the,rector or higher superior, and :sealed. The letters shall not be given to the aspirant but must be for- " warded to the brother general (higher superior) who ap-plied for them. 544, §§ 2-3; 545; 2411 36. Before being admitted candidates must present these credentials: a) Certificates of baptism and confirmation. b) A. testimonial of good moral character from their pastor or another priest, unless .the aspirant is al-ready well known to the mother general (higher su-perior). c) CertifiCates 6[ good health, both physical and men-tal, from reliable professional sources. d) Other testimonials that the mother general (higher ~ This article is not necessarily contained in constitutions and, when so contained, often varies in content. superior) may consider necessary or opportune. 544, §§ l, 6-7 37. All who receive any of the foregoing information are strictly obliged to keep secret not only the information but also the names of the persons who supplied it.16 546 CHAPTER POSTULANCY 38. The right to admit an applicant to the postulancy belongs to the mother general (provincial congregation: higher superior), who has also the right to dismiss.her if she is judged Unfit for the life of the congregation. A pos-tulant has full liberty to leave the co.ngregation. 39. The postulancy, under the direction of a religious of tried virtue, shall be made in the novitiate house or in another house of the congregation where the discipline prescribed by the constitutions is faithfully observed.17 540, § 40. The time prescribed [or the postulancy is a year. For a jUSt reason and with the advice of her council, the mother general (higher superior) may prolong or shorten this time, but not beyond six months,is 539 41. Every three months, the mistress shall give to the mother general (higher superior) and her council a re-port of the postulant's virtues, defects, and aptitude for the life of the congregation. 42. About three months before the beginning of the noviceship; the postulant shall in writing p.etitioia the mother general (higher superior) for the holy habit. 43. The superior must inform the local ordinary at least two months in advance of the approaching admis-sion of a postulant to the noviceship, in order that he or his delegate, at least thirty days before the noviceship be-gins, may examine the postulant and determine whether she was deceived or forced into entering the congregation, ¯ and whether she understands the import of what ~he is about to do. If there is certainty of her religious and free intention, the postulant may be admitted to the noviceship. 552; 2412,2° 44. The right to admit to the noviceship belongs to X0Articles are often added in this chapter on the n~cessary quali-tiers, and signs of a vocation, the responsibility ~f all concerned to encourage and admit only suitable candidates, and on personal inter-views with the candidates. 17 In institutes of men, only lay brothers are obliged to the pos-tfllancy prescribed by the Code (c. 539, § 1); but in institutes of :brothers,, the common practice is tbat all make a postulancy. P A postulancy of hind months to a year is the common practice at present in congregations of sisters. Con~tlt.utions VOLUME 25, 1966 J. F. Gallen, S.$. REVIEW FOR RELIGIOUS 374 the mother general (higher superior) with the consent of h~r council. 543 45. Before beginning the noviceship, the postulant shall make a spiritual retreat of eight entire days and, ac-cording to the prudent judgment of the confessor, a gen-eral confession of her past life.a9 541 CHAPTER VII NOVICESHIP § 1. Place of the Noviceship 46. The establishment or transfer of a novitiate may be made only by the mother general with. the consent of her council and the (pontifical congregation) permis-. sion of the Holy See (diocesan congregation:., her coun-cil and the permission of the local ordinary)3° 554, § 1 47. (Provincial congregation) As soon as possible, each province shall have its own novitiate. More than one novitiate house may not be erected in the same province without a serious reason and a special apostolic indult. 554, § Z 48. As far as possible, the novitiate shall be separated from the part of the house occupied by. the professed sisters so that, without a special reason and the permission of the superior and the mistress of novices,, the novices may have no communication with the professed sisters nor the latter with the novices. 564, § 1 49. Superiors shall have in the novitiate house only sisters who are exemplary in their zeal for religious ob-servance. 554, § 3 § 2. Requirements for the Noviceship 50. (One year) The duration of the noviceship is one year, and it is completed on the day following the anni-versar. y day of its inception. 555, § 1, 2°; 34, § 3, 3° 50. (Two years) The duration of the n0viceship is two years. The first is the canonical year. The second year is no.t required for the validity of profession, although only the Holy See (diocesean congregation: local ordinary) may dispense from it wholly or in part. An apostolic in-dult is requi~ed to transfer the canonical year to the sec-ond year. 555; 34, § 3, 3° 52. The canonical year begins with the reception of the habit, or in any other manner determined by the mother general (provincial congregation: higher superior). It is 19 Articles on the purpose and discipline of the postulancy and on the qualities and appointment of the mistress of postulants are often included in this chapter. '-~ The mother provincial with the consent of her council presents to the mother general the request for the erection or transfer of a novitiate. completed on the day after the first anniversary of its commencement. The second year ends on the second anniversary of the inception of the canonical year, and on this day the temporary profession may be licitly pro-nounced. 553; 34, § 3, 3° 53. Besides the conditions enumerated in article 31, it is further required for validity that the canonical year be made for an entire and uninterrupted yea~ and in the novitiate house. 555, § 1 54. The canonical year is interrupted so that it must be begun again and completed: a) If a novice is dismissed by the~mother general (pro-vincial congregation frequently: higher superior or mother provincial) and leaves the house. b) If a novice, without the permission of the superior, leaves the house with the intention of not returning. c) If for any reason whatever a novice has remained outside the house, even with the intention of return-ing and with the permission of the superior, for more than thirty days, whether these days were con-secutive Or not. 556, § 1; 32, § 1 55. If a novice, either with the permission of super!ors or constrained by force, has remained outside the house under obedience to the superiors for more than fifteen but not more than thirty days of the canonical year, even if these days were not consecutive, it is necessary and suf-ficient for the validity of the noviceship that the novice make up the time thus passed outside. If the absence un-der these conditions did not exceed fifteen days, the mother general (provincial congregation frequently: higher superior or mother provincial) may require that it be made up, but this is not necessary for the validity of the noviceship. 556, § 2; 32, § 1 56. If a novice is transferred from one novitiate to an-other, the noviceship is not interrupted, but articles 54 and 55 are to be observed. 556, § 4. 57. Superiors shall not grant a novice permission to remain outside the confines of the novitiate except for a just and serious reason. 556, § 3 § 3. Formation of the Novices 58. The time of the noviceship under the direction of the mistress must have for its object the forming of the mind and will of the novice by.the study (of the Rule and) of the constitutions; devout meditation and assiduous prayer; instructions on matters which appertain to the vows and virtues; suitable exercises for the thorough amendment of defects, the restraining of evil inclinations, and the acquisition of virtues.~x 565, § 1 '-'~ "Of the Rule and" are omitted if the congregation has no Rule. See note 2. ÷ + ÷ Constitutions VOLUME 25, 1966 375 ÷ ]. F. Gallen, S.]. REVIEW FOR RELIGIOUS 376 59. During the first year, the novices must not be em-ployed in extei-nal works of the congregation nor should they apply themselves intensively to the study of letters, sciences, or the arts. They may perform domestic-duties in a subordinate capacity and only insofar as these do not interfere with the prescribed exercises of the novice-ship. 5.65, § 3 60. "During the second year, the novices may be em-ployed in the external works but without prejudice to the fundamental laws of the noviceship. Therefore, during the second year, the discipline of the spiritual life must be attended to above all other duties. 61. This employment must. be assigned with prudence and moderation and only for the instruction and train-ing of the novices. N~vices shall never have the entire charge of any such employment, but shall always be under the direction and supervision of an experienced and exemplary religious who by word and example shall in-struct arid guide them. 62. For a grave reason and by way of exception, a nov-ice may be assigned to external works outside the novitiate house during this ~ime. This may be done only for a rea-son founded on the requirements of the novice's training, but never for the utility or necessity of the congregation. 63. NoviCes' shall abstain from all external works two months before their profession and, if they are outside the novitiate house, they are to be recalled, so that dur-ing this entire period they may strengthen-themselves in the spirit of their vocation and prepare for their religious profession. 64. The novices and postulants are 'to be instructed thoroughly in Christian doctrine. A special conference on this subject shall be given to them at least once a week, if posgible by a priest approved by the local ordinary. They Shall not only commit to memory the ordinary for-mulas of the faith, but shall also be able to explain them properly. The mother general (provincial congregation frequently: motfier provincial or higher superior) shall not admit novices to profession unless they .satisfactorily pass a special examination in Christian doctrine. § 4. End o[ the Noviceship 65. Three months before the end of the noviceship, the novices, shall in writing reque.st admission to profes-sion frbm the mother general (provincial congregation frequently: mother-provincial). ' 66. 'The novice shall be informed of her admission to .vows so that in due time she may relinquish the admin-istration of her property, dispose, of its use and usufruct, and +make a will, as prescribed in the chapter on poverty. 569 67. She may freely leave the congregation, or for any just reason be dismissed by the mother general (provincial congregation frequently: higher superior or mother pro-vincial) with the advice of her council. The superior is not obliged to reveal to the novice the reason [or her dis-missal. 571, § 1. 68. When the noviceship is completed, the novice shall be admitted to profession if she is judged suitable; other-wise she must be dismissed. If her suitability is doubtful, the mother general (provincial congregation frequently: higher superior) with the advice of her council may pro-long the time of the noviceship but not beyond six months. 571, § 2. 69. Before pronouncing her vows, the novice shall make a spiritual retreat of eighi entire days. 571, ~. 3 , § 5. Profession of a Novice in Danger of Death 70. Even though she has not completed the time of her noviceship, a novice in danger of death may, for the con-solation of her soul, be admitted to profession by any superior, the mistress .of novices, or their delegates. The ordinary formula of profession is to be used if the con-dition of the novice permits, but without any determina-tion of time. 7i. By this profession, the novice'is granted a plenary indulgence in the form of a jubilee; the profes~ion,how-ever, has no canonical effect. If the novice should'recover her health, her state will be the same as if she had made no profession. Therefore, if she perseveres, she must com-plete the full time of the noviceship and on its com-pletion m~ke a new profession.2~ CHAPTER VIII RELIGIOUS PROFESSION 72. Upo~ the completion of the noviceship and in the novitiate house, the novice shall, make profession of simple vows for one year. This profession is to be re-newed annually until five full years of temporary vows are completed,z~ The mother general (provincial con-gregation: mother provincial or higher superior) may prolong the prescribed period of temporary pro.fession, but not beyond a ),ear, in which, case the sister must re-new her temporary profession. 574; 34, § 3, 5°; 577, § 1 OR:. the novice shall make profession of simple vows for three (two) years. At the end of this period, the sister ~ This cha'pter often contains spiritual articles on the formation of novices and on interviews with the mistress. . , -~ Five years of temporary vows is.the growing 15ractice in cOngre-gations of sisters. 4, 4, 4, Constitutions VOLUME "~S, 1966 shall renew her vows for two (three) years.24 The mother general. OR: Upon the completion of the noviceship and in the novitiate house, the novice shall make profession of sim-ple vows for" three years or until the completion of her twenty-first year if a longer time is necessary to attain the age prescribed for perpetual pro~ession. The mother general . may prolong the prescribed period of tem-porhry profession, but not beyond a second term of three years; in which case the sister must renew her temporary profession.2~ 574; 573; 34, § 3, 5°; 577, § 1 73. The right to admit to profession belongs to the mother general with the vote of her council. This vote shall be deliberative for the first temporary profession but onIy consultative for the renewal and prolongation of temporary vows and for perpetual profession. Before the first and perpetual profession, the local ordinary shall be informed in the manner described in article 43. 543; 575, § 2; 552; 2411; 2412,2° (Provincial congregation) The right to admit to first profession, prolongation of temporary vows, and per-petual profession appertains to the mother general with the vote of her council. This vote shall be deliberative for ¯ the first temporary profession but only consultative for the prolongation of temporary vows and perpetual pro-fession. The mother provincial presents the requests ~or admission to the mother general, with the deliberative vote of her' council for first profession and the consulta-tive vote for prolongation of temporary vows and for perpetual profession. The right to admit to renewals of temporary vows ~appertains to the mother provincial with the consultative vote of her council. Before the first. (as in the preceding).26 74. For the validity of any profession these conditions are necessary: a) That the. sister who makes profession will have com-pleted her sixteenth year before temporary and her twenty-first year before perpetual profession. b) That she be admitted to profession by the mother 4, 4, 4, .1. F. Gallen, S.J. REVIEW FOR RELIGIOUS ~ The Holy See does not insist on any determined division of the five-year duration and has approved five annual professions, three annual professions and one of two years, a profession of two' years followed by one of three years, and a profession of three years fol-lowed by one of two years. z~ In a thre~-year duration also the Holy See has not insisted on any determined duration of profession and has approved constitu-tions in which the profession is made in the one act for three years, the most common practice, or that the first be made for one and the second for two years, or vice versa. ~ There is sufficient variety on the right of admission in provincial congregations. See R~vmw fOR R~ezous, 19 (1960), 144. general (higher superior) according to the constitu-tions. c) That the profession be preceded by a valid novice-ship. d) That it be made without violence, grave fear, or fraud. e) That it be made in express terms. t') That it be received by the mother general or a sister delegated by her. (Provincial, regional, and) Local superigrs and their l.egitimate substitutes are,dele-gated by the constitutions to receive all professions in their (provinces, regions, and) houses and with power also to subdelegate. For the validity of the simple perpetual profession it is further required that it be preceded by three .complete years of temporary vows. The added period of two years is not necessary for the validity of the perpetual prqfes-sion but only the Holy See (diocesan congregation: local ordinary) may dispense from it wholly or in part. 572-3; 2352 75. The following is the formula of profession: . 576, § 1; 585 76. The written declaration of the profession, whether temporary or perpetual, must be signed by the p~rofessed sister, the mother general or sister delegate who received the profession, and two other sisters as witnesses. This document shall be carehdly preserved in the files of the congregation. 576, § 2 77. Three months before the expiration of each tem-porary profession, the' sisters'shall present a written peti-tion to the mother general (provincial congregation fre-quently: mother provincial) to be admitted to the renewal of temporary vows or to perpetual profession. 78. When the time for which the vows were pro-nounced has expired, they must be renewed without de-lay~ However, for a just reason, the mother gen.eral (pro-vincial congregation frequently: higher superior or mother provincial) may permit the renewal of temporary vows to be anticipated, but not by more than a month. An anticipated profession expires only on the day on which a non-anticipated profession would have expired. 577 79. Before perpetual profession, the sisters shall make a retreat of . . entire days, and before the renewal of temporary vows, a retreat of . day(s). Only the first pro-fession must be made in the novitiate house. 574, § 1 80. When the period of temporary profession has ex-pired, the sister must without delay make perpetual pro- ~ession or return to secular life; but even during the pe-riod of temporary pro[ession, it not judged worthy to pronounce perpetual vows, she may be dismissed by the + VOLUME 25, 1966 379 ÷ ÷ ~. F. Gallen, S~J. REVIEW FOR RELIGIOUS 380 mother general (diocesan congregation: local, ordinary) conformably to articles 155 and following. 575, § 1 ' 81. Simple profession, whether temporary or perpetual, ¯ renders acts contrary to the vows illicit but not invalid.27 579 CHAPTER IX Vow AND VIRTUE OF POVERTY 82. By the vow of poverty the sisters renounce the right of disposing licitly Of any temporal thing of mone-tary value without the permission of their lawful superior. 83. With the permission of the local superior, the sis-ters may perform acts of proprietorship required by civil law. If such an act includes alienation of property or con-cerns an important matter, this permission is reserved to the mother general (provincial congregations: higher su-periors) unless the case is urgent, when it may be given by the local superior. " 84. The sisters, .whethEr of temporary or perpetual vows, retain the ownership of their property and the capacity of acqtiiring other property, subject to the pro-visions that follow regarding its disposition and adminis- .tration. 580, § 1 85. Whatever the sistersacquire after profession by their personal activity or for the congregation or as re-ligious becomes the property of the congregation (,prov-. ince,) or house. 580, § 2 86. A professed sister, whether of temporary or per-petual vows, may not renounce the ownership of her property by a free gift effective during her lifetime. 583, 1 ° 87. If during the course of her noviceship a novice renounces her property in any m~nner or burdens it with any obligation, the renunciation or obligation is not only illicit but also null and void. 568 88. Before her first profession and for the entire time that she will be bound by vows, the novice must cede the administration of her property to whomsoever she chooses and freely dispose of its use and usufruct. 569, § 1 89. If this cession and disposition were omitted because the novice had no property and if subsequently property comes to her, or if, after making the provision, other property comes to her under any title, she shall, notwith-standing her simple profession, make or renew the provi-sion stated above for the newly acquired property. 569, § 2 90. A professed sister may change this cession and dis-position with the permission of the mother general, but ~ This chapt.er Often contains an article on the devotional renewal of vows and articles on the formation of the junior professed. The former is fkequently placed in ~l~e chapter(s) on the religious exer-cises, the latter in a special section of the chapter on the works of the congregation. the permission of the Holy See is necessary if the change is of a notable part of the property in favor of the congre-gation. 580, § 3 91. If a sister leaves or is dismissed, the cession and dis-position cease to have any validity. 580, § 3 92. Before profession of temporary vows, a novice shall freely.make a civilly valid will concerning all the property she actually possesses or may subsequently acquire. A pro-fessed sister may not alter her will without the permission of the Holy See or, if the case is urgent and time does not permit recourse to the Holy See, without the permission of the mother general (provincial 'congregation: higher su-perior); when recourse cannot be .had to the latter, ~with-out the permission of the local, superior. 569, § 3; 583, 2° ¯ 93. Common life must be observed exac.tly in all houses and by all the sisters even in matters of food, clothing, and personal necessities.2s 594; 2389 CHAPTER X VOW AND VIRTUE OF CHASTITY 94. By the vow of chastity :the sisters bind themselves to a life of celibacy and, by a new obligation from the virtue of religion, to abstain from any internal or external act opposed to chastity39 1058; 2388, § 2 CHAPTER XI VOW, AND VIRTUE O~ OBEDIENCE 95. By the vow of obedience the sisters consecrate to God their own will and oblige themselves from the virtue of religion to obey the commands of their lawful superiors in everything that directly or indirectly concerns the ob-servance, of the vows and constitutions.¯ 96. The sisters are bound to obey by reason of the vow only when lawful superiors command expressly in virtue of holy obedience or in equivalent words.30 ~s Other articles are usually included in this chapter on the pur-pose of religious poverty, that the cession anti disposition are to be made in a manner civilly binding, that a clause should be added al-lowing the sister to revoke the cession and disposition at her mere will, the virtue or spirit of poverty, that superiors are to insist on the observance of poverty, exhortations to all to observe it, the example of our Lord, His counsel on poverty, the importance of common life and insistence on its observance, norms on gifts, the level of material things permitted in the congregation, a prohibition against being the custodian of property of seculars, norms on asking for contributions especially from students, and exhortations to trust in divine provi-dence. = Other articles are commonly found in this chapter on the pur-pose of religious chastity, exhortations to its most perfect observance, and some norms on precautions and preservatives. ~ Other formulas are found, for example, under formal precept, and so forth. + + q. Constitutions VOLUME 25, 1966 381 97. Superiors shall rarely, prudentJy, and cautiously command in virtue of holy obedience and only for a grave reason. It is expedient that a formal precept be given in writing or at least in the presence of two wit-nesses. 98. Local superiors, especially of small houses, shall not give commands in virtue of holy obedience except in grave and urgent cases and they should then immediately notify the mother general (provincial congregation: mother provincial).31 99. The sisters are obliged by the virtue of obedience to fulfill the prescriptions of the constitutions and other orders of superiors. 100. The sisters may. always have their vow as the mo-tive of any act of obedience, and such an intention is implicitly contained in the act of their religious profes-sion. The special merit of the vow thus extends not only to formal precepts but also to the usual directions of su-periors and to every act in conformity with the constitu-tions. 32 CHAPTER XII PENANCE AND HOLY EUCHARIST 4- 1. F. Gallen, S.]. REVIEW FOR RELIGIOUS 38_'2 § 1. Penance 101. The sisters will usually go to confession at least once a week. 595, § 1, 3 °; 566, § 1 102. For every house there shall be only one ordinary confessor, designated by the local ordinary, .who shall hear the confessions of the entire commpnity, unless it is necessary to assign, two or even more confessors because of the large number of sisters or for any other just reason. 520, § 1 ¯ 103. If a particular sister, ~or the .peace of her con-science or greater spiritual progress, should ask. for a special confessor or spiritual director, the request shall be made to the local ordinary. It is his duty to see that abuses do not arise, and if they do arise to eliminate them. 590, § 2 104. To every community sh~ll be assigned an extraor-dinary confessor, who at least.four times a year shall come to the religious house and to whom all the sisters shall present themselves, if only to receive his blessing. 521, § 1 al Various forms of this article are found in constitutions, for ex-ample, the authority to give a precept in virtue of the vow is reserved in some congregations to higher superiors. a~ Other articles are ordinarily included in this chapter on the pur-pose of religious obedience, the obedieuce of will and judgment, the example of our Lord, representation, on asking ordinary permissions from the immediate superior, respect and reverence for superiors, avoidance of criticism and murmuring, prompt aud faithful attend-ance at common duties, and on following the horarium. 105. Snperiors shall inquire from the local ordinary what priests have been designated for each house, to whom in particular cases the sisters may easily have re-course for the sacrament of penance without having to apply to the Ordinary on each occasion. 521, § 2 106. If a sister should ask for one of these confessors, no superior is allowed either personally or through others, either directly or indirectly, to inquire into the reason for the petition, to show opposition to it by word or deed, or in any way manifest displeasure at the request. 521, § ~; 2414 107. If notwithstanding the prescriptions of the pre-ceding articles, a sister has recourse for the peace of her conscience to a confessor approved by the local ordinary for the confessions of women, even though not approved for religious women, this confession is valid and licit provided it is made in a church or oratory, even semipub-lic, or in any other place legitimately designated for the confessions of religious or secular women, The superior may not forbid such a confession nor ask about it even indirectly, and the sister is under no obligation to inform the superior of the matter. Nevertheless, the sisters are bound to respect the requirements of religious discipline. 522; 2414; 909-10, § 1 108. When sisters are seriously ill, even though not in danger of death, they may call any priest approved for the confessions of women, though not designated for re-ligious women, and make their confession to him as often as they wish during their serious illness. The superior may not either directly 0r indirectly prevent them from doing so. 523; 2414 109. When in danger of death, the sisters may make their confession to any priest, even to one not approved for confessions, and even if an approved priest should be present. 882 110. All superiors are to strive earnestly to have con-fessors readily available before Communion. 111. The ordinary confessor of the sisters may not exer-cise his office for a term exceeding three years. The local ordinary, however, may appoint him for a second and even a third term if scarcity of priests suitable for the office does not permit him to provide otherwise; oi if the majority of the sisters, including even those who in other matters have no right to vote, petition by secret voting for the reappointment of the confessor. Those who dissent are to be otherwise provided for if they so desire,sa 526; 524, § 2 " re.In virtue of their Pastorale munus faculty n. 33, bishops may make this reappointmcnt even for a fifth triennium. + + + Constitutions VOLUME 25; 1966 383 112. The sisters shall remember that the confessors may not in any manner interfere in the internal or external government of the community. 524, § 3 In institutes of brothers, the preceding section on penance will be as follows: § 1. Penance 1. The brothers will usually go to confession at least once a week. 595, § 1, 3 °; 566, § 2, 1" 2. Every house shall have an ordinary confessor, and an extraordinary confessor is to come to each house four times a year. Both confessors are appointed by the local ordinary. If a brother requests a special confessor, the su-perior is to grant the request without in any way inquir-ing into the reason for the petition. 528; 874, § 1; 875,.§ 2 3. There shall be one or more ordinary confessors for the novitiate according to the number of novices. These are to come at least frequently to the novitiate house to hear the confessions of the novices. 566, § 2, 1-2" '~ 4. Some other confessors are to be appointed, in addi-tion to the ordinary confessors, whom the novices may freely approach in particular cases. The master of novices is to show no displeasure on such occasions. 566, § 2, 3° 5. At least four times a year the novices shall be given an extraordinary confessor, to whom all the fiovices must present themselves, if only to receive his blessing. 566, § 6. I[ a brother has recourse [or the peace o[ his con-science to a confessor approved by the local ordinary, even though he is not among the appointed con[essors, the con~ession is valid and licit. 519 7. When in danger o~ death, the brothers may make their con~ession to any priest, even to one not approved for confessions, and even ff an approved priest should be present.~ 882 8. All superiors.are to strive earnestly to have donfessors readily available before Communion. 1. F. Gallen, SJ. REVIEW FOR RELIGIOUS 384 § 2. Manifestation of Conscience 113. All superiors are strictly forbidden to induce their subjects in any manner whatever to make a manifestation of conscience to them. Subjects are not forbidden to open their consciences freely and spontaneously to their su-perid~ s; on the contrary, it is profitable for subjects to approach their superiors with filial confidence. 530 ~ In some constitutions of brothers the following confessor is also found: "In case of illness the sick brother may ask for any confessor he desires. His pious wishes shall be respected as regards Holy Com-munion," § 3. Holy Eucharist 114. The sisters shall assist daily with all possible d'evo-tion at the Holy Sacrifice of the Mass. Superiors shall promote among their subjects the frequent, even daily, reception of Holy Communion, and liberty must be given to every properly disposed religious 'to receive the Holy Eucharist frequently and even every day.35 595, § :'1, 2°; § 2;. 863 1.15. Superiors must carefully eliminate every obstacle to the liberty of the individual religious to receive or ab-stain from Holy Communion. 116. If a sister since her last sacramental confession has given grave scandal to the community or committed a serious external fault, a superior may forbid her to re-ceive Holy Communion until she has again approached the sacrament of penance. 595, § 3 117. Super,iors are obliged to give the sisters sufficient time for preparation and thanksgiving for Mass and Holy Communion, as well as for confession.36 CHAPTER XIII RELIGIOUS EXERCISES 118. The :sisters shall recite daily in common and in the vernacular Lauds, Vespers, and Compline of the Di-vine Office.3r 595, § 1, 2° 119. Every morning (day)the sister~ shall spend a half hour in mental prayer,a8 They shall individually prepare the subject of the prayer the preceding evening. 595, § 1, 2o ~'~ The articles on Mass and Communion may be very appropriately expressed in liturgical language. ~ Other articles frequently included in this chapter are on the grandeur of the Mass and the sacraments, preparation for them and the manner and dispositions for receiving and assisting with profit, and the observance of rigid secrecy by superiors in matters of' mani-festation of conscience. 27 The Little Office of the Blessed Virgin Mary is the one that has usually been recited in institutes of simple vows. Constitutions en-joining only private recitation of this Office arc relatively few. The amount and days of common recitation prescribed in other institiates are sufficiently varied. In some congregations the whole Office is re-cited daily in common and in all the houses; in others this same ob-ligation extends only to the mother house, while houses engaged in the external works of the institute recite the entire Office in common only on Sundays, holydays and other vacation days; finally; some in-stitutes demand that only a part og the Office be~:recited daily in common. See R~vmw for l~e~ous, 13 (1954), 129-30. An article such as that on the Office could be expressed in liturgical language. On the Divine Office for congregations, see R~wEw for R~tm~ous, 24 s(~1 9T6h5is) ,m 4i7n~im-4u. m ~of a half hour is the practice in very many con-gregations; many have a half hour in both morning' and afternoon; a few have a notably greater period, for example, a hour and a half or three quarters daily. + + Constitutions VOLUME 25~ 1966 385 120. They shall make the particuIar and general exam-ination of conscience at noon and at night. Privately and at a convenient time during the day, they shall recite five decades of the rosary and devote at least fifteen min-utes to spiritual reading. 125, 2°; 592; 595, § 1, 2° 121. The sisters shall accustom themselves to make fre-quent visits to the Blessed Sacrament. 125, 2°; 592 122. Annually the sisters shall make a retreat of. full days.39 They shall observe a day of monthly recollection, which ordinarily is to be the. Sunday of the month. 595, § 1, 1° 123. The sisters shall make a public devotional renewal. of their vows on . They should renew their vows fre-" quently in private, particularly after Holy Communion and on the day of monthly recollection. The formula of this renewal is: . 595, § 1, 2° 124. Superiors shall grant another suitable time to sis-ters who are prevented from performing the prescribed spiritual duties at the regular time.4° 595, § 1 CHAPTER XIV MORTIFICATION AND PENANCE 125. Once a month (four times a year) the sisters in public chapter shall accuse themselves of external trans-gressions of religious discipline. 126. In the practice of corporal mortifications and penances of a private nature, the sisters are to be guided solely by the confessor; for those that are public they must have the permission of the superior.41 + + + J. F. Gallen, S.J. REVIEW FOR RELIGIOUS 386 ~0 Ordinarily the prescribed duration is eight or six days, but seven and five days are found. Some also have a retreat of one or three days at the close of the year. ,0 Other exercises are very frequently prescribed in the constitu-tions, for example, morning and evening prayers, way of the cross, holy hour, hour or half hour of adoration of the Blessed Sacrament, Franciscan rosary, novenas, exercises in honor of the Passion on Friday, the Blessed Mother on Saturday, and added prayers or devo-tions during the months of March, May, June, October, November, and the season of Lent. The chapter usually also contains articles on the obligation of superiors to see that the religious exercises are per-formed, their power of dispensing from these, and that the religious are not to absent themselves from the exercises without permissiou. In these typical constitutions the article on the exhortations is placed in the chapter on local houses and superiors. 4~The more spiritual section of the constitutions is ordinarily found in this part in chapters on virtues and devotions, for example, spirit of the congregation, charity, fraternal charity, union and char-ity, humility, modesty, simplicity, constancy in striving for perfection~ meekness, zeal, mortification and penance, religious observance, per-fection of ordinary actions, order of the day, employment of time, devotion to the eternal Father, to the Passion of our Lord, the Sacred Heart, the Eucharist, the Holy Spirit, the Blessed Virgin Mary, angels, and St. Joseph. CHAPTER XV ENCLOSURE, CORRESPONDENCE, SILENCE § i. Enclosure 127. The law of enclosure shall be observed in. every house. This requires that certain parts of the convent re-main so reserved to the sisters that no person of the other sex42 may be admitted. These parts are the refectory, the dormitories~o[ the sisters, their ceils, the infirmary, in a word, all places destined by the mother general (pro-vincial congregation: higher superior) for the exclusive use of the sisters. 604, §§ 1, 3 128. The following are permitted to enter the en-closure: the local ordinary or his delegate for the canoni-cal visitation, priests to administer the sacraments to the sick or to assist the dying, physicians, and those whose services are necessary. Others also may be admitted when a just and reasonable cause exists in the judgment of the superior. The proper precautions are always to be ob-served. 604, § 1; 598, § 2; 600 129. When a convent has attached to it a school for day or boarding pupils or quarters devoted to other works proper to the congregation, at least a separate part of the house should be reserved, if possible, for the living quar-ters of the religious, and this part should be subject to the law of enclosure. Even to places outside the enclosure re-served for day or boardingp~upJilssor for works proper to the congregation, those o[the other sex should not be ad-mitted except for a good reason and with the permission of the superior. 604, § 2; 599 130. If the.chaplain or other priests live in the house of the sisters, their apartments shall if possible have a separate entrance and be separated from the part of the house occupied by the sisters. 131. Superiors shall diligently insist that the law of en-closure be strictly observed and that neither the visits of externs nor useless conversation relax religious discipline nor weaken religious spirit. 605; 604, § 3 132. The sisters may not leave the house without the permission of the superior. Ordinarily they may not go out without a sister companion. 606, § l; 607 133. Superiors may not permit their subjects to live outside a house of the congregation except for a just and serious reason and [or as brief a.period as possible. For an absence of more than six months, except for study, the permission of the Holy See (diocesan congregation: local ordinary) is, always required. In the case of study the ~"-Some congregations exclude by the law of their own constitu-tions also those of the same sex. + + + Constitutions VOLUME 25, 1966 ~8~ I. F. Gallen, REVIEW FOR RELIGIOUS sisters are obliged to live in a religious house if possible, and to attend institutions that are approved or recognized by ecclesiastical authority. 606, § 2 § 2. Correspondence ¯ 134. The sisters shall not send or receive letters without permission of the superior, who has the right to read them, and to deliver or retain them according to her judgment. The superior should exercise this authority with discretion, charity, and prudence, She is obliged to observe rigorous secrecy about what she has learned from the sisters' correspondence. 135. All the sisters may freely send letters exempt from all inspection to the Holy See, to its legate in the country, to the mother general (provincial congregation: higher superiors) and her (their) councilors, to their local su-perior when she is absent from the house, and to the local ordinary in matters in which they are subject to him. From all of these persons the sisters may also receive let-ters which no one has the right to inspect. 611 136. The correspondence of the junior professed, novices, and postulants is under the supervision of their mistresses and superiors with the exceptions mentioned in the preceding article. § 3. Silence 137. Sacred silence shall be observed throughout the house from., until . If it should be absolutely neces-sary to speak during this time, the sisters shall do so as briefly as possible and in a low voice. During the re: mainder of the day except at times appointed for recrea-tion, they should observe ordinary religious silence, speak-ing briefly and quietly when this is required by duty, charity, or courtesy. 138. Silence shall be observed at meals~ according to the custom oL the congregation. The reading at table shall be from a spiritual or instructive book approved by the superior.43 ~ ~ Other articles found frequently inthis chapter are on the pur-pose of cloiste.r; location of parlors and necessity of permission to re-ceive visitors; restrictions on visits, at least outside of special cases, during Advent, Lent, days of special recollection, and time of reli-gious exercises; deportment with visitors; permission of higher su-perior necessary for overnight absences; norms on family visits; when traveling the sisters are to stay in one of their own convents or, if poss.ible, in the house of another religious institute; norms for fre-quency and style of correspondence; purpose of silence; observance of interior silence; strict silence to be observed always in determined places, for example, chapel, sacristy, dormitories or ceils, and the corridors of the convent; duty of superiors to guard the observance of silence; frequency of and deportmeht during daily recreation; and an. article stating that talking is permitted on recreation days at the customary times and places. APOSTOLATE 139. Superiors shall have in the juniorate house only sisters who are exemplary in their zeal for religious ob-servance. 554, § 3 140. The sisters in hospitals shall be guided by' re-ligious and ethical principles in their professional ac-tivities. In case of doubt they shall consult religious or ecclesiastical authority. 141. A sacristan shall be appointed in each house, She should have a thorough knowledge of liturgical require-ments and be particularly attentive to the laws concern-ing shcred vessels, the washing of Sacred linens, the cus-tody of the tabernacle key, the necessity of having at least one lamp burning before the Blessed Sacrament, and on the material that may be used for the lamp. 1269, § 4; 1271; 130644 CHAPTER XVII CARE OF THE SICK 142. Spiritual aid shall aI~ays be promptly given to the sick. The sisters who are seriously ill may ask for the ~ The part of the constitutions on the apostolate contains very canons or other common legal articles. It is frequently divided into sections or contains articles on the following topics. 1. General. Sub-limity of apostolate; solidarity of all members in it; necessity of excel-lence in all aspects of formation and of the apostolate and of constant progress; need of prudent adaptation of methods to the times; ne-cessity of loyal cooperation in all; fostering.of vocations. 2. Juniorate and mistress of junior professed. Obligation of complete undergrad-uate education before full assignment to apostolate; generosity in supplying necessities for studies to juniors; motive in, studies; naturd' of period of temporary vows; outline of subjects to be studied; teach-ers in the juniorate; qualities of mistress; manner of appointment; norms for her direction of juniors. 3. Period of greater recollection before perpetual profession and renovation or tertianship. Purpose of both; time o~[ making latter; norms for the mistress o[ each; gen-eral plan of both. 4. Supervisor(s) oI schools and studies. Duties; re-lation to higher superiors; annual visitation of schools. 5. Teaching sisters, Purpose; necessity of preparation; relation to principal; man-ner of dealing with students. 6. Principals. Duties. 7. Hospital super-visor, whose duties parallel those of supervisor of schools. 8. Hospital sisters. Purpose of their apostolate; their training; necessity of con-stant progress in their work; relations with doctors and other hospital personnel. 9. Hospital administrators. Norms for their work and for the harmonious direction of those under them. 10. Social service su-pervisor. Qualities; relation to higher superiors; visitation; norms for her work, 11. Sisters in social work~. Purpose; to be properly and fully trained; directives for their work. 12. Convent duties. Purpose of and norms for the work of those engaged in laundry, sewing, housekeep-ing departments and as sacristan or portress, and so forth. The arti-cles on the latter two are usually found in the chapter on local houses and superiors. 4. 4- 4. Constitutions VOLUME 25, 1966 389 ÷ ÷ ÷ J. F. Gallen, S.J. REVIEW FOR RELIGIOUS 390 confessor they prefer, and he should be called conform-ably with articles 108-9. 523; 882 143. All sisters who are ill should be given the oppor-tunity of receiving Holy Communion frequently, and even daily, during their illness. 863; 865 144. When a sister is in danger of death, it is the duty of the superior and infirmarian to have the last sacra-ments administered in due time. 865; 944; 882; 468; 514, 145. It is both a permissible and salutary practice that a sister receive Holy Viaticum daily, even when not fast-ing, as long as the probable danger of death continues, 864, § 3 146. At .the approach of death, a priest shall be called° to assist the sister who is dying according'to the rite pre-scribed by the Roman Ritual.4~ '/68 CHAPTER XVIII SUFFRAGES FOR THE DEAD 147. At the death of a professed religious or novice, the local superior shall immediately inform the mother gen-eral (provincial) and the close relatives of the deceased. The mother general (provincial)46 shall promptly send a notification to all the houses (o[ the province). 567, § 1; 578, 1o CHAPTER XIX DEPARTURE" AND DISMISSAL § 1. Unlawful Departure 148. An apostate from religion is one who, having made profession of solemn or simple perpetual vows, unlawfully leaves the religious house with the intention of not re- 4~ The matter of this chapter is principally norms on the obliga-tion of the superior to care for the health of the sisters and of the latter to use the ordinary means but to avoid excessive care, the ob-ligation to inform the superior when ill, norms for the care of the sick and for suffering patiently, on consulting and visits to doctors, obligation of superiors aml counsel to other sisters to visit the sick. care for and charity also to aged and feeble sisters, qualities of and norms for the infirmariao, reservation at least in larger~houses of a suitable section as an infirmary, Eucharistic fast for sick, prayers for those in danger of death, attendance of other sisters at rites for the dying, and on funerals and burial. : - 4n This chapter is composed principally of articles on the suffrages for professed and novices, greater suffrages for present and past su-periors and officials, suffrages for the Roman pontiff, cardinal pro-tector, local ordinary, father and mother of a sister, for benefactors, relatives, and friends, means for informing all of the anniversary of a sister's death, and an exhortation to perform the prescribed suf-frages promptly and to remember deceased sisters in.other prayers and good works. turning; or who, with the intention of withdrawing her-self from religious obedience, though she lawfully left the house, does not return to it. The evil intention referred to in the preceding para-graph is legally presumed when the religious within a month has neither returned nor manifested to her su-perior the intention of returning. . A fugitive is one' who without the permission of her superiors deserts the religious house but with the inten-tion of retufning to her institute. 644; 2385-6 149. Neither apostates nor fugitives are freed from the obligation of the rule and vows and must without delay return to their institute. The superiors must seek them with solicitude and re-ceive them if they return animated by a sincere repent-anew. 645 150. A religious who apostatizes from her congregation automatically incurs an excommunication reserved to the ordinary o~ the place where she is staying. She is ex-cluded from legitimate ecclesiastical acts and is deprived of all the privileges of her institute. If she returns, she is perpetually deprived of active and passive voice and is moreover to be otherwise punished by her superiors ac-cording to the gravity of her guilt and in conformity with the constitutions. 2385 151. A religious fugitive automatically incurs the priva-tion of any office she holds in the institute. When she re-turns, the higher superior shall inflict punishments in proportion to the gravity of her guilt. 2386 § 2. Departure at the Expiration of Temporary Profession 152. Tl~e mother general47 with the advice of her council, for just and reasonable motives, may exclude a religious from renewing the temporary vows or from mak-ing profession of perpetual.vows; not, however, because of ill health, unless it is proved with certainty that it was fraudulently concealed or dissimulated before profession. Religious who have made profession of temporary vows may freely leave the congregation when the term of vows has expired. 637; 575, § 1 § 3. Exclaustration and Secularization 153. An indult to remain outside the congregation temporarily, that is, an indult of exclaustration, may be ~r Canon 637 leaves to the constitutions the determination of the superior competent for exclusion. The constitutions usually assign this right to the superior general with the consultative vote of her council, but a few demand the deliberative vote. A small number of constitutions give this power to the provincial or higher superio~:s either alone or with the consultative or, less frcquently~ the delibera-tive vote of the council. See REVIEW fOR RELIGIOUS, 16 (1957), 216. ÷ ÷ ÷ Constitutions V01.1JME 25, 1966 ~. F. Gallen, S.]. REVIEW-FOR RELIGIOUS 3911 granted only by the Apostolic See (diocesan congregation: is granted by the ordi~ahry oi the diocese where the sister ' is staying). Anyone who has obtained this indult remains bound by her vows and the other obligations of her pro-fession compatible with her state; but she must put of[ the religious habit. During the time of the indult she lacks active and passive voice but enjoys the spiritual privileges of her institute. She is subject to the ordinary of the diocese in which she resides, and this even by virtue of her vow of obedience, in the place, of the superiors of her own institute. 638-9 154. An indult to remain outside the congregation perpetually, that is, an indult of secularization, or a dis-pensation from the vows, may be granted only by the Apostolic See (diocesan congregation: is granted by the ordinary of the diocese where the sister is staying). There-fore, if a sister of perpetual, vows, or of temporary vows during the term of these vows, wishes of her own accord to leave the congregation, an indult of secularization must be obtained from the Holy See (diocesan congregation: local ordinary). A secularized religious is no longer a member of her congregation. She must put off the religious habit, is freed of her vows, and is not bound by the other rules and the constitutions. If she is again received into the congregation, in virtue of an apostolic indult, she must make a new noviceship and profession, and her rank among the professed mem-bers is computed from the day of her new profession. 638; 640 § 4. Dismissal by Decree of a Professed of Temporary Vows 155. (Pontifical) A sister of temporary vows may dur-ing the term of her temporary profession be dismissed by the mother general with the consent of her council ex-pressed by secret ballot. 647, § 1 (Diocesan) A sister of temporary vows may during the term of her temporary profession be dismissed by the or-dinary of the place where the religious house to which she is assigned is situated. The ordinary may not use this right without the knowledge or contrary to the just op-position of the mother general. An application for dis-missal must be presented by the mother general with the consent of her council. 647, § I 156. The (diocesan .congregation: local ordinary land the) mother general and the members of her council are bound by a grave obligation in conscience to observe the following: a) The reasons for the dismissal must be serious. b) They may be .on the part of either the congregation c) d) or the sister. The absence of the religious spirit which is a cause of scandal to others is a sufficient motive for dismissal when at least two admonitions given in writing or in the presence of at least two witnesses, with a threat of dismissal joined with a salutary penance, have produced no effect. Ill health is not a sufficient motive unless it is proved with certainty that it was fraudulently concealed or dis-simulated before profession. Although the reasons must be known with certainty by the mother general and her council (diocesan congregation: local ordinary), it is not necessary that they be proved by a formal trial; but they .must al-ways be manifested to the sister, :and she must be given full liberty to answer the charges. Her answers must be faithfully submitted to the.mother general and her council (local ordinary). The sister has the right to appeal to the Holy See against the decree of dismissal and if she makes this appeal within ten days from the date on which she was informed of her dismissal, the decree has no juridical effect while the recourse is pending. 647, § 5. Dismissal by Decree oI a Pro[essed o[ Perpetual Vows 157. The dismissal of a sister of perpetu, al vows is re-served to the Holy See (diocesan congregation: local ordi-nary). 652, §§ 1, 3 158. For such a dismissal, serious external reasons are required, together with incorrigibility, after attempts at correction have been previously made without success, so that in the judgment of the mother general and her coun-cil there is no hope of amendment. The efforts at correc,- tion shall include not only the admonitions, as above, but. also a-change of employment, transfer to another house, and other suitable means if judged expedient for a reform of conduct. 651, § 1 159. The reasons for dismissal must always be mani-fested to the sister, and she must be given full liberty to answer the charges. Her replies must be faithfully re-ported in the acts. 651, § 2; 650, § 3 160. If by the consent of the council expressed in secret ballot .the sister has been found incorrigible and her dis-missal approved, the mother general shall transmit the whole matter with all the relevant acts and documents to the Sacred Congregation of Religious (diocesan congrega-tion: ordinary of the diocese where the religious house to which the sister is assigned is situated). 652, §§ 1, 3 (Added article in diocesan congregation) The sister has the right to appeal to the Holy See against the decree of dismissal; and if she makes this appeal within ten days ÷ ÷ ÷ Constitutions VOLUME 25, 1966 393 from the date on which she was informed of her dismissal, the decree of dismissal has no juridical effect while the recourse is pending. 647, § 2, 4° ]. F. Gallen,. S.]. REVIEW FOR RELIGIOUS 394 In institutes of brothers the preceding articles on the dismissal of a professed of perpetual vows will be replaced by the following. 1. A brother of perpetual vows may not be dismissed except after three serious external crimes against the common law or the constitutions, two admonitions, and the failure to amend. 649; 656 2. There must be at least three crimes of the same species or, if of. different specieg, of such a nature as to manifest, when viewed collectively, a will obstinate in evil, or one continued crime that, after 'repeated admoni-tions, becomes virtually three. 657 3. An admonition may not be given unless the crime is notorious or certain from the extrajudicial confession of the defendant or from other sufficient proofs obtained in a prelimiiaary investigation. 658, § 1 4. The admonition is to be given by the immediate higher superior personally or by another acting on the former's mandate. A superior is not to give this mandate unless he has obtained information of the facts according to the norm of the preceding article. A mandate given for the first admonition is valid also for the second. 659 5. There must be two admonitions, one for each of the first two crimes; but in the case of continuous or per-manent crimes, an interval of at least three whole days must elapse between the first and second admonition. 660 6. The superior shall add opportune exhortations and corrections to the admonitions, also imposing penances and other penal remedies that he judges apt to effect the amendment of the erring member and to repair the scan-dal. The superior is likewise obliged to remove the of-fender from the occasions of relapse and even to transfer him, if necessary, to another house where ~npervision would~be easier and occasions of relapse more remote. A threat of dismissal must be added to each admonition. 661 7. The brother is considered as not having amended if he commits a new crime or perseveres in the same continuous crime after the second admonition. At least six days must elapse after the last admonition before any ~further steps are taken. 662 8. The reasons for dismissal must always be manifested to the brother, and he must be given full liberty to answer the charges. His reply must be faithfully 'reported in the acts. 650, § 3 9. (Pontifical) The brother general and his council shrill study all aspects of th~ matter and consider whether the case is one of dismissal. If a majority of the votes favor dismissal, the brother general shall issue the decree of dismissal, which is not effective unless confirmed by the Apostolic See. 650, §§ 1-2, 2° I0. (Diocesan) The brother general and his council shall study all aspects of the matter and consider whether the case is one of dismissal. If a majority of the votes favor dismissal, the brother general shall forward the entire matter to the ordinary of the place where the re-ligious house of the defendant is located. The decision on the dismissal appertains to the prudent judgment of the ordinary. 650, §§ 1-2, 1 ° (Added article in diocesan congregation) The brother has the right to appeal to the Holy See against the decree of dismissal; and if he makes this appeal within ten days from the date on which he was informed of his dismissal, the decree of dismissal has no juridical effect while the recourse is pending. 647, § 2, 4°; 650, § 2, 1 ° § 6. Automatic Dismissal of a Professed of Perpetual or Temporary Vows 161. The following are automatically dismissed: a) Religious who have publicly apostatized from the Catholic faith. b) A religious woman who has run away with a man. c) Religious who attempt or contract marriage, even the so-called civil marriage. In these cases, it is sufficient that the mother general (provincial congregation: higher superior) with the ad-vice of her council make a written declaration of the fact, but she is to take care that the collected proofs of the fact are preserved in the files of the 'congregation. 646 § 7. Provisional Return of a Professed of Perpetual or Temporary Vows to Secular Life 162. In the case of grave external scandal or of very serious imminent injury to the community, any professed sister may be immediately sent back to secular life by the mother general (provincial congregation: higher superior) with the consent of her council or even, if there is danger in delay and time does not permit recourse to the mother general (higher superior), by the local superior with the consentof her council and that of the local ordinary. The sister must ifiamediately put off the religious habit. The local ordinary or the mother general (higher superior), if she is present, must without delay submit the matter to the judgment of the Holy See. 653 VOLUME 25, 1966 395 § 8. Effects oI Dismissal 163. A sister who has been canonically dismissed ac-cording to articles 155-61 'is by that very fact freed from all her religious vows. 648; 669, § 1 § 9. Charitable Subsidy 164. If. any professed sister who leaves or is dismissed was received without a dowry or with an insufficient dowry and cannot provide for herself out of her own re-sources, the congregation is obliged in charity to give her what is necessary to return safely and becomingly to her home, and to provide her, according to natural equity, for a certain period with the means of a respectable liveli-hood. This is to be determined by mutual consent or, in the case of disagreement, by the local ordinary of the former religious,as 643, § 2; 647, § 2, 5°; 652, § 3 (In a congregation that does not impose a dowry) If any professed sister who leaves or is dismissed cannot provide for herself out of her own resources, the congregation . PART II GOVERNMENT CHAPTER XX REVIEW FOR RELIGIOUS SUPREME AUTHORITY 165. All the sisters are subject to the Roman pontiff as their highest superior, whom they are bound to obey also in virtue of their vow of obedience. 499, § 1; 218 166. (Pontifical)They are likewise, according to the norm of the ~acred canons, under the jurisdiction of the locaFordinaries. The sisters shall manifest the most pro-found respect for the ordinaries. 500, § 1; 618-20 (Diocesan) The local ordinaries exercise complete au-thority over the houses and sisters within their dioceses in accordance with the sacred canons. The sisters shall mani-fest the most profound respect for the ordinaries. 492, § 2 167. Supreme internal authority is exercised ordinarily by the mother gefieral assisted by her council and extraor-dinaril~ by the legitimately assembled general chapter. 501, § 1; 502 ~ A similar article is often found in the constitutions of brothers, for example: "Brothers who leave the institute shall be given the money necessary to enable them to return home, unless they have sufficient money from other sources." Constitutions frequently also contain 'an :article of the following type: "Superiors must observe justice, charity, and prudence in dismissing a sister. They shall do all in their power to safeguard the reputation of a sister who is leav-ing or is dismissed, and they shall act with such motherly kindness that the sister will depart well disposed toward the congregation." CHAPTER XXI GENERAL CHAPTER § 1. Convocation and Members 168. The general chapter must be convoked as often as general elections are necessary. The ordinary convocation takes place every sixth year at the expiration of the term of office of the mother general and on her death~, resigna-tion, or deposition. 162; 161; 178;'34, § 3, 5° 169. (Pontifical) To convoke the chapter for any reason other than those specified above, the permission of the Holy See is required in addition to the consent of the gen-eral council. (Diocesan) To convoke the chapter for any reason other than those specified above, the mother general must have the consent of her council. 170. The chapter must be convoked by the mother gen-eral six (three) months before the day fixed for its assem-bly. In the letter of convocation, the date and place of the chapter shall be designated, and the prayers to be said for the success of the chapter shall be prescribed. The place for the ~ssembly of the chapter shall be determined by the mother general with the consent of her council. 171. Before the convocation the mother general must inform the ordinary of the diocese in which the chapter will convene of the date of the election of the mother gen-eral, that he may preside either personally or by delegate at this election. 506, § 4 172. The meeting of the chapter may be anticipated or deferred for an important reason, but not more than three (six) months in either case. 161; 178 173. In the event of the death, resignation, or deposi-tion of the mother general, the chapter must be convoked by the mother vicar as soon as possible, so that the assem-bly of the chapter will not be postponed more than six (three) months after the vacancy of the office. 162; 161; 178 174. The members of the chapter are: a) The mother general b) The four general councilors c) The secretary general d) The treasurer general e) (The procurator general) t') Former mothers general g) The mothers provincial h) __ delegates elected by each province49 + Constitutions,~ ~OThe elected delegates from a province are almost universally VOLUME 25, 1966 two, most rarely three or four. See REVmW FOR RELIGIOUS, 24 (1965), 132-3. 397 J. F. Gallen, S.]. REVIEW FOR RELIGIOUS 398 or g) The regional superiors5° h) The delegates elected by (the regions and) houses according to article(s) -- or g) The local superiors of houses in which at least twelve sisters habitually reside51 h) One delegate elected by the sisters of each of these larger houses52 i) Two delegates elected by each group of smaller houses or g) The ___ delegates elected from the houses~ The mother general, general councilors, secretary gen-eral, treasurer general, (and procurator general), continue as members of the assembled chapter even though at the elections other sisters have succeeded them in office. 164-8 175. The mother general with the consent of her coun-cil may summon other sisters to assist in the clerical and similar work of the chapter. She may in the same manner invite such sisters and externs to present and discuss questions with the chapter. None of these are permitted to vote, and all such sisters have the same obligation to secrecy as the capitulars. 165 176. The chapter elects the mother general, general councilors, secretary general, treasurer general, (and pro-curator general) and treats of the more important affairs that concern the entire congregation.~4 § 2. General Norms to Be Observed in Elections 177. The tellers elected for the general chapter must take an'oath to perform their duty faithfully and to keep secret the proceedings of the chapter even after the elec-tions are completed. All the capitulars are likewise bound to secrecy. The places of the tellers and secretary shall be near the president. 171, § 1 178. The tellers are to take care that the ballots are cast by each elector secretly, individually, and in order of prec- ~ Regional superiors may be made ex officio members of the gen-eral chapter. See REVIEW FOR RELIGIOUS, ibid., p. 132. ~ Twelve is the common norm for a larger house; twenty-three the highest usually in the present practice of the Holy See for the group-ing of smaller houses, but many other limits have been approved. See REVIEW FOR RELIGIOUS, ibid., p. 135. ~ Added delegates have been admitted for larger houses. See RE-VIEW fOR RELIGIOUS, ibid., pp. 135-6. ¯ s This illustrates the usual way of expressing a group system in this article. ra The procurator general in pontifical institutes of men is ordi-narily elected in the general chapter and is an ex officio member of this chapter. The Holy See in its present practice demands that both the secretary general and treasurer general be given ex officio mem-bership in the general chapter and that the treasurer general be elected by the general chapter. Election is also preferred in the case of the secretary general, but it is permitted that the secretary be ap-pointed by the mother general with the consent of her council. edence. The secretary draws up accurately the proceedings o[ the chapter, which shall be signed by the president, the tellers, and the secretary herself. These are to be preserved in the archives of the congregation. 171, §§ 2, 5 179. Two-thirds ol~ the capitulars must be present for the validity of the acts of the general (and provincial) chapter, but all must be convoked. 162-3 180. Even though a sister may have the right to vote in her own name under several titles, she may nevertheless cast but one vote. 164 181. The capitulars must be present in person at the election. No one may validly vote by letter or proxy. If a capitular in the house where the election is being held cannot be present at the election because of illness, her written vote shall be collected by the tellers in a sealed envelo.pe. 163; 168 182. If a capitular believes that she cannot attend the general (or provincial) chapter on account of sickness or for some other serious reason, she is to inform the mother general (or mother provincial), who shall decide with the consent of her council whether the capitular should be excused and her substitute snmmoned. 183. All the sisters, whether capitulars or not, are for-bidden to procure votes directly or indirectly for them-selves or others. Prudent consultations regarding the qual-ities of those eligibl~ is permitted within the bounds of justice and charity. 507, § 2 184. Each of the electors shall write on her ballc~t the name of the sister for whom she votes, fold the ballot, and drop it in the ballot box placed before the president. 185. When all the ballots have been cast, the tellers shall first count the folded ballots in the presence of the president and the electors to ascertain whether the num-ber of ballots corresponds to the number of electors. If the number of ballots exceeds the number of electors, the bal-loting is null and void. Otherwise they shall proceed to the inspection of the ballots. 171, §§ 2-3 186. The ballots are then opened and examined. They are read first by the junior teller, then by the president, and lastly by the senior teller who in an audible voice shall make known the name on each ballot. The votes must be recorded by the secretary. At the end of each bal-loting, the president must announce the names of all the sisters voted for and the number of votes given to each. 171, §§ 2, 5 187. No sister may validly vote for herself. A vote is also null and void: a) If given by one who is incapable of a human act or has by law been deprived of active voice; b) If it is not given freely. Consequently a vote is in-valid if an elector is forced directly or indirectly by Constitutions VOLUME 25, ~.966 ]. F. G~llen, REVIEW FOR RELIGIOUS 400 ~' grave fear or fraud to elect a specified sister or one or the other among several specified sistei's; c) If it is not secret, certain, absolute, and determined; d) If it is blank or foran ineligible person. 167; 169-70 188. Eveh if one or more votes are null and void, the election' is valid provided the one elected received the number of valid votes required by ~he constitutions. 167, 189. Unless otherwise prescribed for a particular elec-tion, all elections shall be decided by an absolute majority of secret votes, that is, a number which exceeds half the number of valid votes cast; but if after two ballotings no one has received an absolute majority, a third and last balloting shall be held, in which a relative majority de-cides. In an equality of votes among several candidates in this third balloting, the~ senior by first profession is elected; if the sisters made their first profession on the same day, the seni0r.by age is elect6d. This same norm shall re-solve an equality of Votes on the only, limiting, or decisive balloting of any election. 17~; 101, § 1, 1° 190. After the required number of votes has been ob-tained, the president shall declare the election legiti-nlately made and announce the name of the sister elected. This proclamation of the newly elected mother general tei:minates the duties of the presiding local ordinary. 174 ¯ 191. All sisters are obliged to accept any office to which they have been elected.55 175-6 192. 'The ballots must be burned by the tellers after each session. 171, § 4 193. If a sister elected as mother general or general offi-ci~ d is not present at the chapter, she is to be summoned immediately; but the sessions of the chapter are suspended only in the former case. 194. The office of the mother general and of the elected general officials always terminates at the election of their successors. § 3. Election o[ Delegates~ 195. From the date of. the letter of convocation until the completion 'of the election of delegates, no vocal shall be transferred from one house to another. Neither shall local superiors be changed. If their term of office expires after the date of convocation, it is extended without fur-. ther formal' confirmation until after the general (provin-cial) chapter. 196. All professed sisters, including those of temporary vows, have active voice in the election of delegates. Only r= Many but not all constitutions approved by the Holy See con-tain this article. ~To th~ general chapter or, if there are provinces, to the pro-vindal chapter. sisters of perpetual vows have both active and passive voice. 578, 3° 197. The election of delegates shall be made according to the norm of article 189'and shall take place on the day specified in the letter of convocation, in local chapter, in the houses where at least twelve professed sisters habit-ually reside. Every such house shall elect one delegate.57 198. After the election of the delegate, they shall also, by separate balloting and according to the same norm, elect two sisters as substitutes, who in the order of their election' shall replace either the local superior or the elected delegate, if for any reason these should be pre-vented from attending the general (provincial) chapter. 199. The local superior presides at the elections and is assisted by the two junior sisters of perpetual vows as tellers. The younger of these shall also act as secretary. The duties of these sisters are the same as those of the tellers and secretary of the general chapter. 200. When the elections are completed, the secretary shall write two reports of the proceedings, which must be signed by the presiding local superior and the two tellers. One copy is to be sent immediately to the mother general (provincial); the other is to be preserved in the files of the house. 201. The smaller houses, in which fewer than twelve professedsisters habitually reside, shall be formed into groups by the mother general (provincial) with the con-sent of her council, so that each group shall comprise at least twelve and not more than twenty-three professed sis-ters. 5s 202. In each of these houses, on the day determined in the letter of convocation, the voters shall assemble under the direction of their local superior and shall elect by se-cret ballot two delegates belonging to their group, one of whom must be a local superior, the other a sister who is not a local superior. 203. The local superior shall collect all the ballots with-out inspecting them and enclose them with her own vote in an envelope, which she shall seal in the presence of the electors. She shall inscribe upon this inner envelope: "The election of the delegates of group N., house N.," and for-ward it immediately to the mother general (provincial). 204. The mother general (provincial) with her council shall open these envelopes and count the votes. The secre-tary general (provincial) shall record the votes. The sisters who received a relative majority are elected. The substi-tute of the superior will be that superior who received the highest number of votes after the superior elected; the See footnote 52, ~SSee footnote 51. Constitutions VOLUME 25, 1966 substitute of the other delegate will be the sister, not a superior, who received the greatest number of votes after this delegate. The mother general (provincial) shall im-mediately inform the congregation (province) of the re-sults. 174; 101, §1, 1° 205. (Provincial congregation) Houses immediately sub-ject to the mother general elect two delegates, superiors or subjects, to the general chapter. The voting is carried out and the votes forwarded to the mother general accord-ing to the norms of articles 202-4. The substitutes are the sisters who in order received the next highest number of votes.~9 ]. F. Gailen, $~J. REVIEW FOR RELIGIOUS 402 Group and List System of Articles 1. From the date of the letter of convocation, local su-periors shall not be changed. If their term of office expires after this date, it is extended without further formal con-firmation until after the general (provincial) chapter. 2. The mother general (prov.incial) with the consent of her council shall divide the sisters of perpetual vows into seven equal groups according to precedence so that each group will have the same gradation of older and younger sisters, superiors as well as subjects. Sisters who are mem-bers of the general (provincial) chapter in virtue of any .office are not eligible as delegates. 3. In each house on the day determined in the letter of convocation, the sisters shall assemble under the direc-tion of their local superior. Each shall elect by secret ballot from prepared lists three delegates belonging to their group (of each group), one of whom must be a local superior, the others, sisters who are not local superiors. (Other forms are, for example: a) From a prepared list containing the names of all local superiors then in of-rice, each sister shall vote for ten delegates. On a second ballot, each sister shall vote for twenty delegates who are neither local superiors nor members of the general (provincial) chapter in virtue of any office. b) Each sister shall vote for thirty de!egates, whether local superiors or subjects, and in any proportion.6°) 4. The local superior shall collect all the ballots with-out inspecting them and enclose them with her own bal-lot in an envelope, which she shall seal in the presence of the electors. She shall write on this inner envelope, "Elec-tion of delegates, house N.," and forward it immediately to the mother general (provincial). U This article is found only in some provincial institutes. The number of delegates from such houses varies~ See R~wEw FOR RE-LIGIOUS, 24 (1965), 133. ® These articles sufficiently illustrate the group and list systems. For others, see REVIEW FOR RELIGIOUS, ibid., pp. 131-42. 5. As soon as possible after all [he envelopes have been received, the mother general (provincial) with her council shall open the envelopes and count the votes. The secre-tary general (provincial) shall record the votes. The elec-tions are decided by a relative majority. The substitutes are the local superiors and sisters of each group who in or-der received the next highest number of votes. § 4. Provincial Chapter6t 1. Convocation and Members 206. The provincial chapter is to be convened as often as a general chapter is to be held and at least three months before the date of the assembly of the latter. This chap-ter is presided over by the 'mother provincial, and its prin-cipal purpose is to elect the delegates tO the general chap-ter. The mother provincial shall convoke the provincial chapter at least two months before its assembly. 162 207. The members of the chapter are: a) The mother provincial b) The four (two) provincial councilors c) The provincial secretary d) The provincial treasurer e) (. The delegates from the houses as stated in n. 174, g), h), i))~ 164-8. 2. Sessions 208. The chapter shall immediately elect from among the capitulars, by a relative majority of votes and on the one secret ballot, the two tellers and the secretary of the chapter. The tellers for this election shall be the two junior capitulars by first profession, and the secretary shall be the provincial secretary. 171, §§ 1, 5 209. The chapter shall then elect by separate and se-cret ballotings and according to the norm of article 189 two (three, four) delegates and two (three, four) ~ubsti-tutes to the general chapter. These must be sisters of per-petual vows. 210. After these elections, the chapter shall deliberate on matters that concern the spiritual and temporal wel-fare of the province. The same procedure shall be fol-lowed in deliberations as in the general chapter.63 m This section is obviously found only in the constitutions of in-stitutes divided into provinces. It is frequently placed in the chapters on provinces. o~ This article is ordinarily followed by articles 195 ft. on the elec-tion of delegates to the provincial chapter. : ~This power is contained only in relatively few constitutions. A great.er number grant the power stated in a. 212 to deliberate on pro-posals to the general chapter. + + + Constitutions VOLUME 25, 1966 4O3 ~. F. ~ Gallen, S.l.~ REVIEW FOR RELIGIOUS 211. Enactments of the provincial, chapter have no force until they are approved by the mother general with the consent of her council. They are ,then promulgated to the province by the mother provincial. 212. The chapter shall finally deliberate on the pro-posals to be made to the general chapter by the province. 213. The secretary shall draw up the complete pro-ceedings of the chapter according to the norm of article 178. One copy is to be' sent immediately to the mother general and a second copy is to be preserved in the ar-chives of the province. The mother provincial shall imme-diately publish the elections to the province. § 5. Preliminary Sessions 214. The chapter immediately elects from among the capitulars, by a relative majority of votes and on the one secret ballot, the two tellers and the secretary of the chap-ter. The tellers for this preliminary election shall be the two capitulars youngest by first profession, and the secre-tary general shall be the secretary.64 171, §§ 1, 5 215. The chapter shall then elect by a relative majority of secret votes and by one secret ballot a committee of three capitulars who had no part in preparing or approv-ing the reports of the mother general. This committee is to examine the reports thoroughly and give its observa-tions to the chapter before the election of the mother gen-eral. 216. The mother general presents to the chapter two distinct and complete reports: one of the persons, discip-line, and works; the other on the material and financial condition of the congregation since':the last chapter. Both reports must have beenlapproved and signed by the gen-eral councilors before the opening of the chapter. The fi-nancial report must have been prepared and also signed by th~ treasurer general. Copies of the report should be distributed to the capitulars before the opening session.6~ § 6. Election o[ the Mother General 217. The day before the election of the mother general shall be spent in retreat by the captiulars, and permission shall be requested for exposition of the Blessed Sacra-ment. 66 1274, § 1 218. On the day of the election of the mother general, Mass shall be offered in the house where the chapter is held to invoke the b!essing of God on the work of the o, See REVIEW FOR RELIGIOUS, 23 (1964), 139-40, on the various ways of electing the 'tellers and secretary. en Many institutes in fact.distribute copies but do not mention this in their constitutions. eOThis article is found in a few constitutions. The length of the retreat varies, for example, one, at least one, three days. chapter. All the capitulars are urged, to receive Holy Com-munion for the same intention. I1 the rubrics permit, the Mass shall be the votive Mass of the Holy Spirit. 595, § 4 219. To be elected validly to the ot~ice of mother gen-eral, a sister must have been professed for at least ten years in the congregation computed from her first profes-sion; be of legitimate birth; and have completed her fortieth year. 504 220. The mother general is elected for six years. She may be elected for a second but not for a third consecu-tive term. 505; 34; § 3, 5*. (Institutes of brothers) Before the election of the brother general, each and every capitular shall promise by oath to elect the one who, before God, he judges should be chosen. 506, § 1 221. The mother general is elected by an absolute ma-jority of secret votes. If three ballotings fail to produce this majority, a fourth and last balloting shall be held. In this balloting the electors shall vote for one of the two sisters who had the highest number of votes in the third balloting, but these two sisters themselves shall not vote. If more than two would be eligible by reason of an equal-ity of votes in the third balloting, the norm of article 189 shall limit the candidates to two. Of these two, the sister who receives the greater number of votes in this fourth balloting is elected. 174; 101, § 1, 1° (Diocesan congregation of women) The local ordinary has full power to confirm or rescind the election of the mother general according to his conscience. 506, § 4; 177, 222. The president shall proclaim the newly elected mother general. This act terminates the duties of the pre-siding local ordinary. 174 § 7. Election of the General Officials 223. After the election of the mother general and after she has taken the oath according to article 177, the chap-ter under her presidency shall elect the four general coun-cilors, the secretary general, and the treasurer general (and the procurator general). The elections are made by sep-arate ballotings and according to the norm of article 189. The first councilor elected shall also be the mother as-sistant: and mother vicar,e7 516, §§ 1-3; 506, § 4; 171, § 1 224, To be elected a general councilor or official a sis-ter must have completed her thirty-fifth year and have made perpetual profession. Any one of the councilors ex- ¯ r One or two institutes require a distinct election for the designa-tion of the mother assistant from among the elected councilors. A very small number of institutes elect an admonitrix of the mother general, who is at least ordinarily one of the councilors. ÷ ÷ ÷ Constitutions VOLUME 25, 1966 405 cept the first may be elected as secretary general or treas-urer general. These two officials should possess the special-ized competence required for their offices. The mother general may appoint one or more assistant secretaries and treasurers.0s (Appointment articles) The secretary general and the treasurer general are not elected by the chapter but ap-pointed (for a term of three years) by the' mother general with the consent of her council. Both may be general councilors but neither may be the first councilor. They must possess the specialized competence required for their office. Both must reside in the motherhouse. The mother general may appoint one or more assistant secretaries and treasurers. The secretary general is not elected by the chapter but appointed (for a term of three years) by the mother gen-eral with the consent of her council. She may be a general councilor but not the first. She must possess the specialized competence required by her office. She must reside in the motherhouse. The mother general may appoint one or more assistant secretaries and treasurers.60 § 8. Chapter of Affairs 225. After the elections, the chapter shall treat of the more important affairs that concern the entire congrega-tion. The ordinances of the chapter may not be contrary to canon law or the constitutions. 226. All matters are decided by an absolute majority of secret votes. If the votes are equal, the mother general has the right of deciding the matter after the third balloting. 101, § l, 1o (or) All matters are decided by an absolute majority. If the votes are equal, the mother general has the right of deciding the matter after the third balloting. The voting is public. Any capitular has the right of requesting a se-cret vote on a particular matter. Such a request shall be put to the public vote of the chapter. If a majority favor the request, the voting on the particular matter shall be secret. 101, § 1, 1° 227. (The provincial chapters~ and) All sisters of per-petual vows may submit written proposals to the general chapter either directly or through a capitular. These must be forwarded to "the mother general at least a month be-fore the opening of the chapter. The capitulars retain the right of making.proposals thereafter and during the ses- 1. F. Gallen, REVIEW FOR RELIGIOUS 406 ~ Some constitutions impose limitations on the reelection of gen-eral officials. See REVIEW fOR RELIGaOUS, 23 (1964), 229--31. Some for-bid two relatives in the first or second degree to be members of the general council at the same time. ~ See also footnote 54. sions up to a definite time determined by the chapter, after which no proposals may be submitted.TM 228. At a suitable time before the general chapter ~le-termined by the mother general, one or several commit-tees of three or more capitulars, appointed by the mother general with the consent of her council, shall examine and arrange the pi'oposals and prepare a report on them for the chapter. 229. The chapter is not obliged to deliberate on every matter proposed. It may simply exclude anything that ap-pears useless or inopportune, or it may remit a matter to the study and decision ol~ the mother general and her council after the close of the chapter. 230. The principal affairs are: a) Suitable means of restoring or perfecting religious discipline. b) Proposals submitted to the chapter. c) Determination of the contribution that each house must make to the general treasury. (or) Determination of the contribution that each house must make to the provincial treasury, and each province to the general treasury. d) Extraordinary expenditures which the mother gen-eral (provincial, regional), and local superiors may authorize or make alone, those that demand the ad-vice or consent o[ their councils, and those for which local superiors must recur to the (provincial, regional superiors and either o~ these to the) mother general. e) Norms to be observed in addition to the prescrip-tions o~ the sacred canons in alienations, purchases, the assuming of obligations, and other matters of a financial nature. f) Determination of the dowry. g) Confirmation, modification, or abrogation ~of ordi-nances of previous general chapters. h) (In provincial congregations) Establishment of new provinces or the suppression o~ existing ones; the uniting of provinces or the modification of their boundaries. i) Determination o~ more important.matters [or which the advice or consent ~ff the general (provincial, re-gional,) or local councils is necessary. 231. The enactments of the chapter remain in force permanently unless amended or abrogated by subsequent chapters. (or) The enactments of the chapter remain in force 7o Very many constitutions are indefinite on the right of submit-ting proposals. + + + Constitutions VOLUME 25t 1966 407 J. F. Gallen, S.]. REVIEW FOR RELIGIOUS until the next chapter, in which they may be confirmed, modified, or abrogated. ~232, ~The chapter may not be protracted beyond a reasonable length, of time. The mother general shall pub-lish the elections, ordinances, and other acts which the capitulars have determined should be published.71 CHAPTER XXlI MOTHER GENERAL 233. (Pontifical) The mother general governs and a~l-ministers the entire congregation according to the sacred canons and these constitutions. Her residence shall be at the motherhouse and may not be permanently transferred without the consent of the general council and the ~oer-mission o[ the Holy See. 501, § 1,502 (Diocesan) The mother general governs and adminis-ters the entire congregation according to the sacred can-otis and these constituti6ns. Her residence shall be at the motherhouse and may not be permanently transferred without the consent of the general council and the per-mission of the ordinary of the prdsent and proposed places of residence. 501, § l; 502 234. The office of mother general is incompatible with thato[ local superior, even in the motherhouse, or with that of any other official. 516, § 3 235. The mother general has authority over all the (provinces, regions,)houses and members. With the de-liberative vote of her council, she may place certain houses and works under her immediate authority and may also transfer these to a province. 501, § l; 502 236. A serious reason and the deliberative vote of her council are iequired for the mother general (a higher or regional superior) to transfer or remo~ce a superior or of-ficial before the expiration of a prescribed term of office. Unless otherwise specified, offiCials may be reappointed indefinitely. With the consent of her council, the mother general may prolong the term of office 6f (provincial, re-gional, and) local superiors when this is necessary, but only for a short time. 560 237. The mother general has the right to transfer the n Other articles found frequently in this chapter arc on prayers to be said on a prescribed number of days in all houses before the election of the mother general, verification of credentials, ~ prayers for. opening and closing the sessions, distribution of lists of those eligible for the office of mother general and general official, resigna-tion of mother general before the election to this office, symbolic presentation of seal of congregation and/or keys of house to local ordinary by the retiring mother general, priests accompanying the local ordinary may take no part in the election, formula of proclama-tion of the mother general, closing ceremony of her election, and in-forming the local ordinaries of the dioceses in which the congrega-tion has houses of the election of the mother general. sisters from one house to another and to assign their du-ties. 501, § 1; 502 (Provincial congregation)Only the mother gener.al with the advice of her council and ordinarily after con-sulting the interested provincials may transfer a sister from one province to another.501, § 1; 502 238. She shall prudently super~,ise the administration of the temporal goods of the congregation and of each (province, region, and) house in accordance with the pre-scriptions of canon law and of these constitutions. 516,.§ 2 239. Every five years, in the year determin.ed by the Sacred Congregation of Religious, the mother general shall send to the Holy See (diocesan: through the ordinary of her residence) a report of the persons, discipline, and the material and financial condition of the congregation. This report must be compiled according to the instruc-tions of the Sacred Congregation and is to be signed by the mother general, her councilors, (pontifical) and the ordinary of the residence of the mother general. 510 240. The mother general may not appoint a vicar and delegate powers to her, nor may she grant a sister active or passive voice or deprive her of it. 241. If it should ever seem necessary to remove, the mother general from office, the general council must sub-mit the matter to the Sacred Congregation of Religious (diocesan: the ordinary of the residence of the mother gen-eral). If the mother general thinks it her duty tg~ r, esign her office, she shall in writing make known her reasons to the same Congregation (diocesan: same ordinary). 183- 9272 CHAPTER XXIII CANONICAL VISITATION 242. The mother general shall make the visitation of the entire congregation at least every three years (at least once during her term of office). She shall see that the houses immediately subject to her are visited every year. The mother provincial shall make the visitation of all the houses of her province once a year, and the same fre- 7~ Other articles found frequently in this chapter are on the man-her of government of the mother general; manner of dealing with subjects; that she is to have an especial care for the spiritual welfare and progress of all (provinces) houses, and individuals; to exercise vigilance for the careful observance of the vows, constitutions, cus-toms, and distinctive virtues of the congregation; especially supervise the formation of the postulants, novices, and junior professed; is to endeavor to learn the aptitudes of the sisters; that she is to keep in close contact with her councilors, and (provincial, regional, and) local superiors; that she is to guard against the influence of personal af-fection and aversion; her duty of example; of correction of others; and the duty of all to pray for the mother general. + + 4- Constitutions ~ ~., VOLUME 25, 1966 ~ 409 J. F. Gallen, $.~. REVIEW FOR RELIGIOUS 410 quency of visitation of ~a region shall be observed by the regional superior. . Both may omit this visitation in the year of the visita-tion by the mother general. Should the higher or regional s~perior be lawfully prevented from making the visita-tion, another sister is to be delegated for this purpose.73 511 243. The mother general may designate a visitor for an individual (province or) house or for a particular matter; (the mother provincial and regional superior may do the same for an individual house or a particular matter;) but to appoint a visitor for the entire congregation (in the case of a provincial or regional superior, for the entire province or region), the consent Of the pertinent council must be obtained. The visitor must be a sister of perpetual vows. 511 244. The purpose of the visitation is to strengthen union and charity, to inquire into the government and administration of the (province, region, and) house as also into the observance of the constitutions and customs, to correct prevalent abuses, and to give occasion to each sis-ter to speak freely on matters that concern her personal welfare or the general good. The (provincial, regional, and) local superiors retain the usual exercise of their of-rice during the visitation. 245. The visitor has the right and duty to question the sisters and to obtain information on matters that pertain to the Visitation. All the sisters are obliged to reply truth-fully to the visitor. Superiors have no right to divert them in any manner whatever from this obligation or otherwise hinder the purpose of the visitation. 513 246. Superiors as well as subjects who personally or through others, directly or indirectly, have induced sisters not to reply to the questions of the visitor, or to dissimu-late in any way, or not sincerely to expose~ the truth, or who under any pretext whatever have molested others be-cause of answers given to the visitor, shall be declared in-capable of holding any office that involves the government of other religious, and if they are superiors the9 shall be deprived of their office. 2413, §
Regulatory reform has emerged as an important policy area in developing countries. For reforms to be beneficial, regulatory regimes need to be transparent, coherent, and comprehensive. They must establish appropriate institutional frameworks and liberalized business regulations; enforce competition policy and law; and open external and internal markets to trade and investment. This report examines the institutional set-up for and use of regulatory policy instruments in Kenya. It is one of five reports prepared on countries in East and Southern Africa (the others are on Zambia, Uganda, Rwanda, and Tanzania). The report is based on a review of public documents prepared by the government, donors, and the private sector, and on a limited number of interviews with key institutions and individuals.