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Transcript of an oral history interview with Richard S. Schultz, conducted by Sarah Yahm at Norwich University on 8 April 2015, as part of the Norwich Voices oral history project of the Sullivan Museum and History Center. Richard Schultz was a member of the Norwich University Class of 1960; his interview focuses on discussion of his connections to Norwich University, his military service, and his law practice. ; 1 Richard Schultz, NU 1960, Oral History Interview April 8, 2015 Interviewed by Sarah Yahm SARAH YAHM: And you're bragging. (laughs) DICK SCHULTZ: That's what this is all about. SY: No, but it's not bragging, it's really just, but we'll, the whole point is it's sort of a casual conversation, so I'll ask questions and it's going to trigger your memory. And the point of oral history, too, is that it's not just like, you know, you've probably told the same stories a thousand times at dinner, you know. DS: Well, they get better as you -- SY: And you get better as you go along. But so, but maybe I'll ask a question that will make you rethink that story or remember another detail and things like that, you know. So that's kind of how it works. So anyway, so you're going to get, so for instance, you know, I interviewed somebody and, and I'm talking about, well, you'll get it back and you'll get to, you know, edit out things that are uncomfortable. So for instance, I've interviewed a bunch of the Iranian students who were here in the '70s, we're going to have to redact large parts of those interviews because if they ever want to go back to Iran, or their relatives in Iran, things need to be wiped out. Right? So there's that, which is serious, and then there's somebody who said something mean about her mother-in-law and was like, "You have to get that out of the tape!" right. So it spans the whole gamut. So let's get you close to this microphone, skooch in and close to the microphone. And then I have to test levels. So tell me what you ate for breakfast today. DS: Well, we had breakfast at the Capital Grill, I had two eggs, over light, some bacon, some good toast and several cups of coffee. SY: Oh my god, several cups of coffee. It's going to take me a lot to keep up with you. I haven't had my first sip of tea yet today. So you're going to be way faster than me, but that's okay. Hold on now, I'm checking my levels, okay, my levels are good. Your levels are good. okay. So I am here, what's the date? I should know that. But remember, you had the coffee. DS: Today's the eighth. SY: OK. So it's April 8th, I'm here at the Sullivan Museum and History Center with Richard Schultz, but you go by Dick, right? DS: Yes, I do. SY: With Dick Schultz, class of '60. DS: The great class of '60. SY: The great, so what made the class of '60 so great? DS: We're so active. Even the president, when he refers to us, we are the "great class of '60." SY: What do you think makes you so active? DS: Spirit, love of Norwich. SY: Yeah? So let's go back. So, well first of all, where were you born? DS: I was born in Brockton, Massachusetts. SY: OK, and when you were a kid, what did you want to be when you grew up?2 DS: An adult, I think. (laughs) I have no idea. I really had no idea as a very young child what I wanted to be. But this leads into Norwich because my father was a Reserve Army lieutenant colonel and I always saw the uniform. And I think as a kid, I wanted to have a uniform. And Dad was a Norwich graduate. And I'm a legacy. He was class of 1934. SY: Wow. Huh. And would he tell you stories about Norwich? DS: Not a lot. He would tell me that in 1934, before they marched to breakfast, they had to go down to the horse stable and take care of their horse. I remember that. SY: Yeah. So your dad was in World War II, I assume. DS: Yes. SY: Where did he serve? DS: He served in the States and in Europe. SY: Yeah. And so let's see, so you were probably a little kid when -- DS: Yeah, I was about seven years old when I really started to notice this. SY: How old were you when he was at war? Four? DS: Yeah, maybe four. SY: Yeah. Do you remember him coming home? DS: I remember coming home. I was, I think I came, after the war we came back to Brockton, Massachusetts, and I started the third grade. So what would you -- SY: But do you remember your dad coming home? Do you remember seeing him? DS: Not really. S: Not really? DS: No. S: Yeah, yeah. And did your mother move in with relatives while he was away? DS: Yes, yeah. SY: Yeah. That was a common thing to do, right? DS: Yep, common thing in those days, yeah. SY: OK, so your dad in uniform, so the military appealed to you. DS: It did, very much so. My dad was there. I had an uncle who served, saw a lot of combat in the Pacific theater and I had another uncle who died as a bombardier over Germany during World War II. SY: And did they talk about World War II, or was it not really discussed? DS: It wasn't discussed. SY: Because you know and again, we think a lot about PTSD nowadays. Do you think that the war, that your father struggled with memories -- DS: No, my father wasn't in actual combat. Not like my uncle who was in Japan, in New Guinea and Guadalcanal and that type of place. My father didn't see that type of combat. My uncle who did see a lot of combat never wanted to speak to it until I got to Norwich, then he would tell me some stories. SY: Really? What would he tell you? So he felt like you were sort of in the brotherhood? DS: Yeah, yeah. What would he tell me? Some of the atrocities that the Japanese committed upon the Philippines, the natives in the Philippines -- the rapes, the murders, the stuff that, that he saw. SY: Yeah, he witnessed that, yeah.3 DS: And he also saw, he also was a very lucky guy. Patrolling through the jungles of New Guinea, I think it was, he had a trained monkey that was on his shoulder and the monkey could somehow sense the Japanese in the area and would start to screech and give him, he was a lieutenant, give him some warning. And one day a Japanese sniper aiming for him shot the monkey off his shoulder. SY: No, he lost his monkey. He lived, but he lost his monkey. DS: He lived, the monkey died. SY: Oh. Happy but sad at the same time. (laughs) That was a good story. OK, so you're a kid, you're growing up in Brockton, Mass, and did you -- this is something I ask everybody -- did you play war as a kid? DS: Oh, I'm sure we did, absolutely. I'm sure we played war games. SY: But you don't remember them? DS: I don't remember them. I think we did, we played more than, war more than we played cops and robbers or Indians. SY: Cowboys and Indians, yeah. Well, it was a great generation post–World War II, it makes sense, yeah. OK. So tell me how you ended up choosing to go to Norwich. DS: Interesting story. I was not -- in high school I broke no academic records. I was just barely surviving. And Dad said, "I think it's time for you to go to Norwich," and in those days I think, I think it's probably not true, but I think as long as you had a pulse you could get into Norwich, OK. And I qualified with a pulse and not much more. And sure enough, I'm admitted to Norwich and I remember the first day I came here, Sarah. I drove up to the main gate in those days and I was 18 years old and I was driving the car, I'm a hot shot. Dad's in the front seat, Mom's in the backseat, kid sister is a couple years, three years younger, she's in the backseat. And I drove up to the gate and there was a cadet standing there and he had a couple of stripes on his arm. And I rolled down the window and I said, "Hey, where do you register?" he looked at me, no answer. And I said it quite, a lot louder, "Hey, where do you register?" no answer. Finally I whistled very loudly at him and he came over to the door and he put his nose through the door, right to my face and he said, "Mister, when you talk to me you call me 'sir,'" and my dad leaned over to me and he whispered in my ear, "I made it through this goddamn place and you'd better, too," my mother had tears in her eyes and my kid sister said that she thought that the cadet was very cute. (laughter) I remember that incident. SY: So you must have been, were you freaking out? Were you like, what the hell have I gotten myself into? DS: I was concerned. And at that point they separated us from our parents. (clears throat) They shaved our heads. And it's my recollection is they issued us an M-1, a rifle. SY: With no bullets. DS: No bullets. And we were told, "Never let it out of your sight," and "Say goodbye to your parents," and, "If you really behave yourself as a class and get recognized, maybe you'll get out of here for Thanksgiving, no guarantees," and then the parents were told to go down to the armory. And Ernie Harmon, Major General 4 Ernie Harmon was president of Norwich and my mother remembered that Ernie, who spoke with a real deep gravel voice said to the parents in essence, "Now why don't you all get the hell off my hill so that I can try to make men out of these pathetic boys." SY: Sounds like something Ernie Harmon would say. DS: That's exactly what he said. And that was it. They left and -- SY: Your father's like, what's going to happen to my little boy? DS: Absolutely, no question. That was my introduction. And I loved it. SY: Interesting. So when did you really start loving it? Right away? DS: I loved it the moment I got there. SY: Really? What did you love? DS: I loved the atmosphere, I loved the camaraderie, I loved the, everybody's doing the same thing, everybody's dressed the same way, nobody's different. SY: And what about that did you like? DS: I just liked the regimentation. I just felt that, this was made for me. And I also had the challenge. My father made it through, I could do it and I could have a better record than he did. SY: And do you think regimentation is part of why you didn't do so well in high school is that you didn't have enough regimentation? You think you were hungry for structure? DS: Oh, I'm a high school kid, you know, I'm chasing girls. I'm not interested in tomorrow's geometry assignment. That's no different than anybody is today, I think. But I loved Norwich. SY: So OK, so do you remember, OK, so you're getting your head shaved, right, so you're losing your precious hair. What are you thinking of while it's happening? Are you like, oh, I don't want to lose my hair? DS: I knew it was going to happen. It wasn't a surprise. SY: And then what about the first time somebody gets in your face and yells at you? DS: (laughs) It's all part of the orientation. You know, you know from day one that if you are a good cadet, a solid cadet, you're going to be in his shoes next year. You're going to have a couple of stripes on your sleeve and you're going to be yelling at next year's rooks. And it's all a big joke. SY: Yeah. Were there any kids who didn't make it? Do you remember? DS: Yes. Statistically, 51%, and I know this because I did some research on it, 51% of the cadets that entered with me in the class of 1960 did not graduate. SY: Wow, and did you -- DS: Now that is because of academics, because of military or because of honor code violations. So we lost 51%. SY: Did you lose any good friends? DS: Not that I can remember. I'm sure I knew them. Sometimes, I don't know if you, sometimes, I've bumped into my old roommate a couple of years ago at one of these reunions and he said to me, "Dick, do you remember the third guy that was in our room in Alumni Hall?" and I said to him, "Billy, we didn't have a third guy," he said, "Yes we did. He stayed only a couple of weeks and you and I woke up one morning and the bed was empty. He was gone," and I said, "You know, you're right."5 SY: You didn't know why, you didn't know -- DS: Just couldn't take it. SY: Yeah, just couldn't take it. So did you ever have moments of doubt, where you were like, am I going to be one of those kids? Or did you know you were fine? DS: I never dared to think that way. SY: Because your father would have killed you. DS: I was going to make it. It never occurred to me to leave. SY: Interesting. So what were your Norwich high moments and your Norwich low moments? DS: High moments, I think involved -- being here at Norwich, as a general thing, I was very proud of being here. I was very proud of the fact that all of the sudden I started to -- not immediately excel, but I started to handle my academic courses. I made good friends. That's something, Sarah, that I -- I think is so important about Norwich. The friends you make here in four years are lifetime friends. SY: Why do you think that is? DS: It's like no other college is, probably because of the fact it was a fulltime military school. Don't forget, in those days there were no women. Everyone, the draft was in, if you left Norwich your name, your deferment ended and you went right back into the draft. SY: So OK, but I'm confused. Because you're in that window post Korea, pre-Vietnam. Right? DS: Yes. SY: So there wasn't a draft (overlapping) -- DS: Oh there absolutely -- SY: There was? DS: There absolutely was a draft in 1960. The draft continued until just before Vietnam. Let's see, Vietnam blew up in 1963 or so. SY: Because that's, I've been confused about that, because I mean knew, and Korea ended when? Fifty? DS: Fifty-five, '56, no maybe '56. SY: So I thought there was a gap of, you know, I don't know, five some odd years where there wasn't a draft, but there was continually. DS: There was definitely a draft. And if you left Norwich, Norwich notified your draft board. SY: OK. And then you were going to go in without any control. DS: That's right. And you were not going in as an officer. SY: Right. Well that certainly makes leaving less appealing, too. So you were saying the friends you make at Norwich are the friends you make for life. DS: Yes. And that stayed, that's true as of today. We're a very, very tight group. Another high point, of course, would be graduation. My -- mother and father pinned my second lieutenant bars on. Dad gave me the first salute, I had to give him a dollar. Those are proud days. And academically I did well, I started to make the dean's list. SY: What was your major? DS: Business administration. I don't know if anyone's ever mentioned to you, but responsibility is something that they teach at Norwich. And cadet officers are 6 responsible for everything that happens or fails to happen under their watch. If a rook is not doing well academically, it's his captain's fault. And they would knock on your door during study hours and you'd better be seated at your desk reading a textbook and not a comic book. And there were certain hours that the upperclassmen were not allowed to bother you, academic hours, study hours. But once the study hours were over, then all hell broke loose. Then you're matched out into the halls and you're bracing and you're doing pushups and you're parading through the shower in nothing more than a raincoat and anything that the upperclassman can do to harass you. And then at a certain hour, get in your sack, go to sleep, it all starts again tomorrow morning. SY: Right, right. So did you end up taking on leadership positions in the Corps? DS: Yes. I was promoted my second year to cadet corporal. My third year I was cadet sergeant. My fourth year I was a cadet officer. SY: So what made, you think you learned how to be a good leader? DS: Absolutely. SY: So what made you a good leader? Do you remember a moment when you -- DS: No, there's not a moment. It's the combination of your training. The first thing a leader does is take care of his men. They're most important. Just because you have some stripes doesn't mean you can abuse anyone. And here at Norwich the rooks look at their cadet lieutenants and captains and majors and what have you and say, "That was me, they were me three years ago, four years ago," so that's something I have to aim for. SY: Mm-hmm. Yeah and did you feel, do you remember, I don't know, I was just thinking if there's a moment where you felt like you really excelled as a leader, and a moment when you felt like you failed as a leader? DS: I don't. I don't have specific instances. SY: OK, so we've talked about Norwich highs. And were there any Norwich lows? Failed tests to -- DS: Oh sure. But lows -- I'm hard pressed to tell you about any particular low. To me Norwich was just wonderful. I just could not have made a better choice, even though it probably wasn't my choice. SY: Did you get in trouble? DS: Everybody gets in trouble. Everybody walks tours. Everybody -- (laughs) I remember one time I, as a rook, I was coming up from the mess hall and rooks are not allowed to walk across the Parade Ground at that time. And I was in a hurry to go somewhere, I don't know. In any event, I started walking around, walking across the Parade Ground. And someone from a corner room in one of the, in the hall, I've forgotten the name of the, of it, right next to the -- the path, yelled at me and I turned around and I gave him the bird. And then next thing I knew there were two corporals escorting me up to the third floor room and I knocked on the door and I walked in and I never saw so many stripes in my life. This was a high-ranking junior cadet that I had just given the bird to. And he gave me demerits, that took me 10 hours to walk off. (laughs) Walk back and forth with a rifle. OK? And, but it's all in good spirit. SY: Yeah. What did you guys do for fun?7 DS: What did we do for fun? There were all kinds of clubs and activities. I'd have to go through the yearbook. SY: Were you a member of any? DS: Oh, yeah. And I don't remember, but I was a member of a number of clubs. And -- after the first year when you've got some freedom you could go to Montpelier. You'd grab a ride with an upperclassman, you didn't have a car. But you'd get to Montpelier and sometimes go to Vermont College, known as VC. SY: I was just going to say, what about the girls? DS: The girls, absolutely. Went to see the girls. And -- I don't know, we were so busy. SY: You didn't have much time for fun. DS: No. SY: Let's see. Who were your favorite professors? DS: By name? Oh boy. SY: Any that made an impression on you? DS: I liked most of the professors. I was a business major, I know I liked my English professor. SY: Was Loring Hart your English professor? DS: Yes. Yes, and subsequently president of Norwich. And I liked history. I liked the military professors. I won a prize as a freshman history, military history student. I was awarded a book as a prize, very nice. OK, that was about it. SY: All right. So it's getting to the end of Norwich, right, and you're about to commission. Right. So you know, where did you commission and what was that like? DS: Okay, okay. Let me back up a little bit. Before commission, in my class there were, some of us who thought we might like to go to graduate school. And we were ready to be commissioned and one of my buddies said to me that he was going down to Boston to take the law school admission test and I started to joke with him, I said, "What are you wasting your time for? You're not smart enough, you couldn't get into law school if you wanted to," he said, "I'll bet you $10 that you can't get into law school" and conditioned upon "if you do go down to take the LSATs, you've got friends at Boston University, you get us dates." I said, "Okay, you're on," so I called up my buddies at Boston University and I said, "Myself and a friend are coming down, we're taking the LSATs. We've got a three-day pass, we need dates," done, okay. So sure enough, we take the LSAT and both apply to BU and BC. We want to go to law school together. (clears throat) And he gets accepted at BC and waitlisted at BU. I get accepted at BU, waitlisted at BC. So that was the end of that. Also in my class another, two other guys went to law school, Doug Auer, who is now deceased, and Stan Brown, who is deceased. Stan and I roomed together in Boston. And we got our commissions with the rest of the class and we became what Alden Partridge who founded the school for, we became citizen soldiers. We had, we had, I was offered a regular Army commission, because I was a distinguished military student, which is a certain level of, of that and I turned it down, the regular Army commission, in order to go to law school. The Army said 8 to all of us who went to graduate school, there was also a couple of doctors and a dentist, out of our entire class that was it who went to graduate school, excuse me. And the condition was, yes, you can go to graduate school provided you're in the active Reserve while you're in graduate school. That means that each week you go to a meeting and you go to summer camp during the time you're in law school. Now we're second lieutenants. Which is fine. And that system worked out just great. Then I graduated from the law school. SY: Now hold on a sec. Hold on a second. Because it sounds like you sort of went to law school on a lark. You were like, I'll see if I can get in. DS: Yeah. SY: And then you're like learning tort law and was there a part of you that was like, why did go down and take those LSATs? Or did you discover that you really liked it? DS: Nobody likes law school. Anybody who tells you they enjoyed law school is full of baloney. SY: That is true. I've heard that before. DS: Okay. I think -- I did what was necessary to graduate from the law school. At that point I had no idea what I was going to do. I knew I could have my regular Army commission if I wanted it. And I -- I was just -- I didn't know what I wanted to do with the law degree. And I had to go in the Army, I owed the Army two years of active duty. The Army then came to me and said, "Well, Lieutenant Schultz, you are a Norwich guy, which we like, and a lawyer. You've passed the Massachusetts bar. We're going to make you an instant captain and we're going to put you in the JAG Corps, which is Army lawyers. And I said to them, "No you're not. I have had college right up to here. I don't want to be behind a desk. In the Pentagon or someplace like that. I am a commissioned armored officer and I want to be in tanks," and they said, "Well, it's up to you," I said, "That's right, it is," and so I said, "Where are you going to station?" and this is where the Norwich, what they call the "Norwich Ring Knockers Club" comes from, okay. Norwich takes care of Norwich. And they said, well, "I see that Norwich, well, we can make you this offer. You can stay at Fort Knox, Kentucky and be an instructor," I said, "That's not interesting to me," "Would you like to go to Korea?" I said, "Well, you know, that's a possibility, "Well, would you like to go to Germany?" I said, "Sold, OK, Germany sounds great, send me to Germany," and so a matter of a few weeks after graduating from law school, I reported to Fort Knox, Kentucky, I did some training in Kentucky and then they shipped me off to Germany. Which were, among, Norwich and my active duty time were the most formative years of my life. Both in a very positive sense. I reported to my commanding officer, who was at that time Colonel Frank B. Clay, son of Lucius Clay, who was a famous World War II general and in charge of Germany after the German surrender. Well, Colonel Clay, I went into his office and he has all my, he has my what they call a 201 file, he has my file on his desk and he said, "I'm so glad you're from Norwich," he said, "I am a very busy guy. The only officers I want in this unit are West Point, Norwich, VMI and the Citadel. I don't have time for the others," I 9 said, "Yes, sir," I'm assigned to what is called the Second Armored Cav which is a very, very prestigious outfit. SY: That's my phone. I'm sorry. DS: That's OK. I wanted to ask you if we're doing all right. SY: We're doing great, we're doing great. I'm getting really interested in hearing your stories in Germany. I just have my phone -- DS: Am I getting too detailed? SY: No, no, no, no. This is great. I want to hear about all this stuff. By the way, what did this, your commanding officer, what did he think Norwich grads had that other officers didn't have? DS: OK, we back on? SY: Yeah, yeah. I never actually paused it. Kept it going. Edit out. DS: Well, Colonel Clay, one of the most respected leaders I've ever met, I just loved him, he became a major general -- he wanted the training that came from a military college. He didn't want the ROTC. So anyway, I was about to tell you, the Second Armored Cav is a unit where in, where regular officers go to what is called "get their ticket punched for higher advancement." How in the world they took a reserve officer like me, with a law degree and put me in the Second Cav is beyond me, it belonged to somebody who was going to make a career out of the Army. And it was a wonderful assignment -- we were on what is called the, what was the East German / West German / Czechoslovakian border, known as the tri-zonal point. On one side is a minefield with watchtowers and East German / Russian soldiers looking at us through binoculars and we're patrolling a dirt path, fully armed, which made it a very, very unusual outfit after, in the Cold War. Fully armed, reading to protect ourselves and our only job as border patrol people was to give early warning in case they came over the border. We were much too small a unit to stop them -- our job was just to say, "They're coming, get the hell out," and -- it was so much more interesting than a garrison job because this is something that was very, very necessary and important in the Cold War. SY: So what was a normal day like? DS: Well, you went out on the border for a month at a time and you stayed, after a month you rotated back to your home, "concern" it was called. And you stayed there for two months and then you'd go back out again. What was it like? You lived out in the woods. You slept out there. You patrolled 24 hours, 24/7. You had listening posts. And -- you made sure that they didn't come over. SY: What was a listening post? DS: It was really very, very close to the border with microphones, to see if anybody was trying to sneak over the border. SY: So did you catch anybody sneaking over? DS: I never did. SY: You never did. DS: No. SY: So OK. So were there also any civilians attempting, they wouldn't cross at that point, that point to cross, there were tons of people with guns.10 DS: Yeah, yeah, but there's tons of crazy people. Don't forget, a border is a two-way street. It keeps them out and it keeps us in. So we didn't, we didn't have much of a problem. But we were ready in case there was a problem. SY: Was there ever a time when you thought you guys were going to -- DS: There was a couple of scary times. SY: Tell me about those. DS: One time, you've got to picture, you're in a Jeep. And you're not very well protected. You're patrolling this dirt path. And all of a sudden we heard (machine gun SFX) and we saw about 100 yards in front of us the dirt kick up. Well, if I'm going to, my grandmother, if she wanted to shoot us, wouldn't miss by a 100 yards. They had no intention of hurting us. It was harassment. But we were right there in so-called front lines. So we make a telephone call to Air Force jet fighters who are constantly monitoring the border and we give them coordinates and in a matter of a few minutes, along comes this jet fighter, zooms right over our heads and stays on our side of the border, but makes a ton of noise. And what does that do? One, it scared the daylights out of us, but we knew they were coming. He was coming. And second, it showed whoever fired on the other side that this is not just a Jeep, it's the United States of America. And we're going to protect our people. So this was the type of thing. And -- SY: Any other scary things? DS: Yeah, there was one other one. I was patrolling the border and there was a -- a train, a train trestle on top, a little bit of a tunnel, tunnel is just the width of a train and I came up on my side of the tunnel and my counterpart, an East German or a Russian, came on the other side and we just simultaneously looked at each other through the tunnel. And before I could do anything, my gunner, who was right over my head with a machine gun, turned the gun toward the Russian or East German and all I heard was click, click, click, he armed the machine gun and before I could say a word I was thinking, don't shoot, don't shoot, don't start World War III, and the Russian on the other side looked at me and yelled, "Amerikanisch cigarette? Amerikanisch cigarette?" and I yelled, "Nein, nein," and I told the driver, "Move," and that was the whole, the whole thing. SY: Interesting. So he was actually, he, huh, he actually thought you guys might be able to connect. DS: Oh, what we wanted me to do was throw him a pack of American cigarettes. SY: Cigarettes, for sure, but still -- (laughs) DS: Yeah, but he was not the good guy. SY: OK. So you're out in the field. You have a couple of incidents like this. DS: Yeah, but that's over a two-year period. SY: Right, most of it is probably boring. DS: It was fun. It was fun. SY: How did you guys entertain yourselves? DS: We were single. And the exchange rate was four to one. I think we were being paid somewhere around $230 a month as lieutenants, times four, makes us rich. We could buy anything. On the German economy. A Volkswagen cost $600. A Mercedes I think was somewhere under $2,000, maybe $1,800. OK? We were 11 very wealthy guys. I roomed with a fellow who's a West Pointer, we lived off base. We had a poodle dog who rode in our tank. We both had Volkswagens. SY: Wait, wait, wait. You had a poodle who rode in your tanks? DS: Oh, absolutely. He was the tank commander. (laughs) SY: That's hilarious. DS: Yep. And he came to work. And when we weren't out in the border, he came to work with me every day. He was very good. And toward about I would say -- oh, six, nine months before my tour ended, Colonel Clay came to me and he said, "I need an assistant S-1, which is a personnel officer at regiments. Would you like to come up to Nuremberg and work in the headquarters?" I said, "Sure," and he, I moved up from a town called Bamberg to Nuremberg and I was a regimental assistant S-1, which is personnel. And that's when my roommate and I lived together in Nuremberg and it was a good life. Yeah. SY: It sounds like it. DS: Oh, it was not roughing it. And after my time came up and I rotated home and that's when we get back to Brockton. SY: Yeah. And had you thought about staying in at that point? DS: Yes, I did think about it. This Vietnam had -- I couldn't point out Vietnam on a map, this was 1962, I'm sorry, mistake, 1965. And I -- we didn't even know where Vietnam was. Everything was nice and quiet, it was good. And I always thought of staying in, but then with the law degree and my parents were so happy their son was a lawyer, I came back to Brockton. And started a law practice. In those days, this was 50 something years ago, in those days you could do that, you could hang out a shingle and you could say, "Here I am, I'm a lawyer, I'm very well known," the name is known in Brockton -- I became an assistant district attorney. I prosecuted because of connections, that happens. I prosecuted some attempted murder cases, rape cases, things like that. And then I decided, time to go to work for myself. And opened an office and defended the serious felonies. And divorces and breach of contract and what a general practicing lawyer does. And I enjoyed it very much. SY: Yeah. What did you like best? Did you like being a prosecutor? Did you like being defense? Did you like? DS: I enjoyed both ends of it. I didn't stay a prosecutor very long. Just long enough to get what they call "experience at government expense," that's how you learned to try a case. Let the government pay you to screw up their assault case, rather than let the client pay you and say you're the worst lawyer he's ever had. SY: There you go. DS: So let the government pay for it. So then we start to practice law. And I'm still single. And now I've got, now I'm 28 years old. And I'm talking to my, about one of my very, very, very close friends, who's now married and I had met his girlfriend before I, while I was in law school, I said, "How about that girl you were dating when I was in law school? She married?" he said, "No, she's not married, I think I still have her number," then he gives me her number, I call her up, I make a date with her, she remembered having met me and we get married. And we've been married now for 49 years. Two children. One lives an hour from us in Massachusetts in Sharon, two grandchildren. And another one lives in 12 McLean, Virginia, which is an airplane ride. And he has two children. So that's jumping the gun, that's getting the children, but I think you probably want to know what I did in my law practice. SY: Yeah, I want to go back to Germany for a second. Because I think, you know, one of the benefits of getting someone from a place like Norwich, right, is in addition to the military training, you've also taken some history classes, right, taken some English classes and maybe taken a sociology class or two, so when you were in Germany, did you have a sense of like the politics or what was going on? Were you thinking about that? Or were you just kind of just keeping your head down? DS: The German politics? SY: No, the politics of the Cold War. Were you like sort of aware of the role you were playing in US foreign policy, were thinking about that when you were in Germany? DS: This was very much the Cold War and the answer to your question is definitely yes and it brings to mind a very serious incident that happened. I was there when President Kennedy was assassinated and I remember being in the officer's club after hours and don't forget, this is a time when there was no Internet, no telephone communication, no news that, you didn't know what was going on. And the officer of the day came into the officer's club and very dramatically, just almost like you would see in the movies, went to the bar, took a piece of silverware and banged on a glass for quiet. And I remember that he said, "Gentlemen, the president of the United States has been shot," we didn't even know if he was alive, OK, "Everybody man your battle stations," we did not know if this was a Russian conspiracy. We had no idea what had happened and we all got in our tanks and we all rushed to our stations on the border, the entire regiment went to the border. And our guns were loaded and they were pointed toward Russia, so to speak. And we sat there for three days not knowing what had happened to Kennedy and finally the word came out that Kennedy had died and that this was not a conspiracy from the Warsaw Pact and everybody returned to their base. Very scary. And just like in the movies. SY: Yeah. And did you sort of live with this fear that World War III was going to start? I mean, you're right on this border, you see everybody armed, the Cold War is quite literal to you and it's not so cold. DS: It's a terrible, psychological and dumb feeling when that happens. Because here you are trained to do a job and we sat out there and everyone had the feeling, we hope this is a war because we're Americans, we're the good guys, we're going all the way to Moscow, nobody can stop us, bullets will bounce off us, we've got the white horse. What an immature, dumb mindset. But that was the feeling. Let us go. We'll teach these sons of bitches that shot our president a lesson. SY: And you think that's just being 24? DS: That's being 24 and macho. SY: Oh, yeah. So it's interesting, it's sort of amazing to me thinking about this border with sort of armed kids on either side.13 DS: Eighteen year olds. SY: Both feeling that way and you know, it sort of seems like the Cold War could have gotten hot accidentally very quickly. DS: Oh, no question about it. SY: Why do you think it didn't? DS: Leadership. Leadership. At the officer level. The lieutenants knew that it would be their necks if they fired the first shot. And the training that the officers gave the enlisted personnel -- "You don't have to agree with me, but do what I say. And I'm telling you, you don't fire the first shot," and it worked. SY: Do you think you were a good leader? DS: The Army thought I was. I was promoted to captain. I was recognized as a good leader. SY: Sounds like you were a good leader. DS: I think I was. I did my best. I did my best. And when I came back from, when I came back and I decided to practice law, I still owed the Army some time, Reserve time. So I stayed in an additional Reserve unit and for a total of seven years commission time. Two years on active duty and five in the Reserves. Three during law school, two years active duty and two more. SY: And were you scared that you would have to go to Vietnam? DS: No. SY: No, because you were -- DS: No, they didn't need me at that point. SY: Okay, so let's talk about your law practice. How do you think your training at Norwich and your time in the service affected who you were as a lawyer? DS: Good question. How did it affect? I was very surprised that when I came back in 1965, you couldn't, a lawyer couldn't advertise. The rules have changed. You could put an ad in the paper saying you're opening an office, but that was the extent of it. So the only way a lawyer could get to be known as a practitioner was frankly to run for political office and hope to lose. (laughter) Because you don't want the job anyway. And that's what I did. There were -- three openings on the Brockton School Committee and there were six candidates, I was one. Being a candidate permitted me to advertise my credentials in the paper and to go to the League of Women Voters and this club and that club and talk to people. And at Election Day, thank goodness there were three openings, I came in fourth. Thank god, because I didn't want the job. But I advertised and I found that World War II veterans, Korean veterans were very interested in a Cold War veteran. And Norwich, to the military, whether you're a Norwich guy or an enlisted soldier, it means something. It's got credentials. Everybody goes to Boston University and Boston College and Harvard Law. In all my practice no one ever came into my office and said, "Before I hire you I want to know what law school you went to," never ever once asked that question. But if they saw my Norwich diploma on the wall and they wanted to talk about it. SY: Hm. Do you think it's that because lawyers have reputations at times for being like shysters, right? DS: Oh, absolutely.14 SY: So do you think they were like, okay, maybe this guy has integrity because he has this background (overlapping dialogue; inaudible)? DS: Maybe that was their thinking, I can't get in their heads, but I think to a lot of my clients, businessmen and defendants as well, the Norwich diploma on the wall didn't hurt. SY: Yeah. Hey, what case are you most proud of? DS: I can't pick one. I really can't pick out, that goes back too far, I've been gone a long time. But -- and I also, I'm also thinking in, you know, this idea of Citizen Soldier. SY: Yeah, let's talk about that. DS: I also became very involved in Brockton itself. I was appointed a member of the Brockton Planning Board, the zoning board, the Consumer Protection Agency. I was president of the Jewish Community Center in Brockton and it evolved into a larger geographical area, the South Area Jewish Community Center. I just volunteered my time, not only because it's the right thing to do, but it was the right thing to give back to the community. SY: So hold on. I didn't realize you were Jewish. So now I have some questions. So first of all, what was it like to be a Jew at Norwich in the late '50s? There weren't that many. DS: There weren't that many. Good question. SY: I should have -- Schultz, I should have -- I thought about German, yeah. DS: Yeah, no big. There weren't a lot but there were some. I can't remember a single incident at Norwich of anti-Semitism. As far as my friends were concerned, that never ever came up. I was extreme comfortable. SY: Interesting. And did you go, let's see, because on Sundays people go to chapel, but there's a synagogue in Burlington. DS: There also, in my time was one in Randolph. SY: Really? DS: Yeah. I don't know if there is there anymore. SY: I don't think so. DS: But there was a rabbi in Randolph and there were, I would say maybe 20, 25 Jewish students. And we arranged for the rabbi to come up here and conduct services for holidays, right here on campus. SY: So you would do like Rosh Hashanah, Yom Kippur. DS: Yeah, if we weren't home, the rabbi would come up. But specifically to answer your question, it never was a problem. SY: Now that's interesting. I also interviewed a woman in town, Phyllis Greenway, and she remembered a song that one of the fraternities sang. This wasn't an anti-Semitic song, it was a funny song, that sort of had like a vaudeville flavor that involved a Jewish student, I don't remember what it was, but you don't remember a song? DS: No, but she, what was her position? SY: Phyllis? Oh, she was the girlfriend and then the wife of a Norwich student, and I think he lived in a house off campus and they had a -- okay, so -- DS: Was he a civilian?15 SY: No, no. He was, OK, wait, hold on. So then I think you being in Germany has a whole different valence. This is post Holocaust, you're this Jewish kid, you're going to Germany, right? DS: Yeah. SY: I mean first of all your parents were probably like, what the hell are you doing? DS: No, the only instruction my parents had was, "Don't bring home the daughter of a Nazi." (laughter) SY: They said don't bring home a shiksa, don't bring home a Nazi shiksa, that's it. (laughs) DS: Right, right, right. SY: But here you are in Germany. You're dating all these German girls. You're enjoying the German life. Did you think about being a Jew in Germany? DS: No, no, no. It's a very interesting thing, no. We, my roommate and I visited Dachau. And we were, of course, he wasn't Jewish but he was from West Point and one of my closest friends to this day and it just, Sarah, was never an issue. SY: It doesn't sound like it was something you were thinking about that (overlapping) -- DS: I wasn't thinking about it. I was very aware of the fact that when an American officer, emphasize "officer," walked down the streets of Germany in 1963 and if the street was narrow, the German citizen would give way to the American officer. They're very conscious of a caste system. This is going to be very difficult to describe, I think in this oral history, but the other thing that I remember to this day is when we drove our tanks down some of the narrow roads of Germany in 1963 and there's still some damage, everything had not been built up, if the scene had been transposed from Germany to the United States, an American seven- or eight-year-old kid seeing a tank go by would wave to the tank, the tank would wave back to the kid. In Germany the 10-year-old kid doesn't wave, he raises his right hand to the tank. In the salute. And we were very conscious of that. How they get that -- SY: And it's the Sieg Heil salute, right? So did it -- DS: Yeah. It was a tank. Germans love tanks. They've got tank mentality. They'd rather have a tank than 10 Mercedes. Yeah, they didn't, we were very conscious that the German kid did not wave, he saluted. SY: So it was a militaristic society. Yeah, yeah. And did you, when you were sort of hanging out with German girls, did you mention that you were Jewish? Or was it something, did it not come up? You didn't think about it. DS: Never thought about it. If they knew, fine, who cares? SY: Interesting. And did you, you were there for nine months. Did you celebrate any holidays? DS: Oh, I was there for 18 months. SY: For 18 months. So did you celebrate any holidays there? DS: Oh, yeah. SY: So where did you go? DS: Right there on the post. SY: There were enough men for a minyan.16 DS: Oh yes, absolutely. Are you Jewish? Oh, I didn't realize that. How do you spell your last name? SY: Yahm, Y-A-H-M. DS: YHM? SY: Y-A-H-M. We don't know, we don't know where it comes from. Sea in Hebrew but, yeah. DS: So this must be interesting to you, then. SY: Oh yeah, very interesting. That's why I was like, wait a second. I didn't realize that. Yeah, yeah, so that's interesting. But there are no, I mean but you weren't worshiping out in the community, you weren't going to like a synagogue in the community, there weren't any. DS: No. There weren't any. I wouldn't have understood them anyway. They'd be in German. Yeah. I should have known, bring home a shiksa, I should have picked that up. SY: You said the shiksa, exactly. (laughter) DS: Okay. SY: And that's interesting, too, because your dad was in career military, that was -- DS: No, he was a Reservist. SY: He was Reservist, but still, that was unusual for a Jewish man in that era. DS: Yeah. SY: Yeah, so how did he -- DS: I don't think he had any trouble. SY: But I mean, how did he get into that path? Like where did your family come from? Did you immigrate? Like what was the deal? DS: The usual story from Poland, from Russia. He's first generation, I'm second generation. He came to Norwich on an academic scholarship, my dad did. And I don't think he had any clue what he was getting into. But I think he -- was of a mindset that nobody's going to throw him out of here. SY: So he was a public school kid who did well and got the scholarship? DS: Yeah. SY: And this is in Brockton? This is in Brockton? DS: Yeah, in Brockton, yeah. Class of 1934, look him up in the yearbook. SY: Interesting. Okay. So he gets a scholarship, he gets up here, he's being sent into the WASPy wasteland, right? And then here he is and he did well and then he stayed in the military. DS: Reserve. SY: Reserves. DS: Don't confuse them. Reserve. Yeah, and then he got called up right after Pearl Harbor. SY: Okay. And then what did he do for a living? DS: He was in the real estate business. And -- Brockton at that time was a town of about 55,000 people. Everybody knew everyone. Everyone knew everyone who was entitled to be known. You walked down the street, it was safe. Today it's a city of well over 100,000 people. If you walk down the streets of Brockton you'd better have a flack vest and a helmet on. Because it's a tough town. But it's changed, yeah.17 SY: Has that been sad for you? DS: I'm sorry? SY: Has that been sad for you, to see your hometown change? DS: Yeah, yeah, it was too bad. Good for business. A lot of criminal work. (laughs) SY: There you go. (laughs) DS: What are you going to do? (laughter) So, want me to continue? SY: Yeah, yeah. DS: OK. So anyway, I'm very, very proud and loyal with Norwich. I think these formative years here are just invaluable. I started a Norwich Club on Cape Cod, for Rook Sendoff, you've heard of those. We started the first year with about 15 people in attendance. We now have over 200 that come to, it's the largest sendoff in the country. Rich Schneider comes down, he stays at my house, OK. Or at General Sullivan's house. Gordy lives about five miles from me. SY: Oh, he's out on the Cape, too? DS: Yeah, he's got a summer home. SY: Oh, I didn't know that. And you guys were in school together at Norwich. DS: He was class of '59. He lived across the hall. SY: Hah. Were you buddies? DS: So much, not close. Became better friends later. Carlo D'Este, who I mention, Carlo, if you look up Carlo, he was class of '58, he runs the Colby Symposium. He lives five miles from me. And Rich doesn't always stay at my house. One time he couldn't stay at Sully's. But he and Jamie come down. SY: And this is Falmouth. DS: Falmouth. Yeah. So we start the club and we got so large a few years ago that we had to change venues because we were afraid the fire marshal was going to come in and close us down. We have a golf tournament. Good leadership. I formed this club, I got this club going and then I got a successor, so I'm no longer president. This is good leadership. Yiddishe cup. SY: I was just going to say, (laughter) you're using your noggin. (laughter) DS: So what else can I -- I served on the Board of Fellows at Norwich. SY: (phone rings) Hold on, it's going to pass in a second. We're just going to wait. Have to wait 30 seconds for it to pass. Dadadadada to my phone. I should have put it on silent but I forgot. There we go. Delegating. Yiddishe cup, that's where we were. DS: (laughs) Oh, I served two terms on the Board of Fellows. Loring Hart appointed me. And I come up here with the great class of 1960 for, every year we have a mini-reunion. And I am very, very honored. I'm only a captain. Everybody in my class is a colonel and I am the guy that leads them onto the Parade Ground, okay, with The Guidon. You've probably seen these parades. That's nice. We're very tight, we're a very close group. SY: What do you think a Citizen Soldier brings to society? Like what you do think, versus somebody who's a career military guy, like how do you think your perspective is different? Because Alden Partridge was like, "We don't want a standing army, we want citizen soldiers," right? DS: Yeah. SY: What are your thoughts about that?18 DS: I think we need Citizen Soldiers. The mindset is different. The Citizen Soldier in business can't simply say, "This is an order, do it," because he's going to get nowhere. He has to be probably a little bit more diplomatic. He has to remember who he's talking to. He has to cajole, beg, borrow and barter. The career army officer that's wearing eagles on his shoulder or stars might have a more difficult time coming back into business because he's not used to asking for anything. But yet they do very well. The smart career officer that retires, especially one who has been in the Pentagon, retires with his Rolodex and can work wonders in military business. And there's an old saying in business, that you know you're important when people return your phone calls. And people return phone calls to generals and colonels. They don't necessarily return phone calls to the lawyer. Because they don't know if they're being sued or what's going on. SY: Or if they're going to get charged for it. (laughs) DS: That's right, that's right. That's right. But I think in retrospect, if you had asked me, what would I change -- I think I would answer you by saying, "Not a damn thing." SY: Hey, that's a good way to view your life, huh? DS: I think that I wouldn't, I would not change anything. I am very, very proud of my association with Norwich. Excuse me. I am extremely proud of my children. They've done very, very well. They're college graduates with advanced degrees. Neither one decided, wanted any part of Norwich. Maybe because of the information that I've given you today. It's kind of tough for a legacy because you want to do better than your predecessor and this is very self-serving, but I think I would be a tough act for them to follow. And I think that was, that was -- grandchildren are doing very well, one's in college. Another one is a tremendous athlete that's never met a sport he doesn't like. The others are kind of young right now. We have a wonderful relationship. My marriage is wonderful. It's, in fact it's one of those situations where my wife was saying to me the other day, "Some days I'm mad as hell at you and could kill you, but I could never live without you," and I thought that was pretty nice. SY: That was very sweet. DS: Yeah. What else can I tell you? SY: I don't know, that's good. And I also, we've been, I want to make sure you can get up to the president's house. DS: Oh, he'll wait. (laughs) SY: Oh yeah, all right. Because you're from the amazing class of 1960. DS: No, I will be on time, I've got time. SY: Yeah, I know, you sort of -- DS: I have such respect for Rich Schneider. I think he is the best thing that has ever, ever happened at Norwich. I think we're going to hard pressed when he retires. And hopefully we can pressure him not to. (laughs) SY: I'm not sure that he feels that way. (laughs) DS: No, I don't either. SY: Let's see. We talked a little about Citizen Soldier, we talked a little bit about service. And it seems like you talked about service to your community in 19 Brockton. Do you think service was something you learned at Norwich? But it also was something you learned growing up. DS: Yes. Service to the community. I owe the community. The community was very good to me. The community -- the community not only was good professionally, but I think respected what I do, who I am, where I've been. Everybody knows that I was in the service, everybody knows I was a Norwich guy. Where I live now, I wear by Norwich sweatshirts. I'm a Norwich ambassador, I love talking to potential students. I go out of my way to meet with them. SY: What advice would you give a rook coming in now? DS: The advice I give them is if you haven't been up to the campus on the hill, call the admission office, arrange for a tour and see what it is. See what you're getting into. I do not have much contact with civilian students. I'm not a big advocate of the civilian population, which comes from, where I'm coming from. But not that I turn them down or anything, but I just don't go out of my way. I'm much more interested in the kid that wants to be a cadet. SY: I don't know. Any last closing thoughts? Are we? DS: A closing thought? I hope this has been helpful. SY: Very helpful. DS: I hope it's not too abstract. I can't imagine why anyone would want to listen to it. SY: Everybody feels that way. DS: Do they really? Okay. SY: I bet if General Sullivan were sitting here he'd be like, "Why does anybody want to hear about my life?" DS: He is so smart. He is so polished. When General Sullivan speaks, do you remember an old ad that used to be on television, people are in a dining room and one, one table over there says, "My stockbroker is Merrill Lynch and they say," and then the whole screen goes silent in the dining room. When Gordon Sullivan speaks, people listen. He is so smart, so polished and such a wonderful person. SY: Was he like that at 20? DS: Yeah, good guy, good guy. Everybody liked him. SY: Yeah. So you weren't like, he has the authority to -- DS: He was a buck private. SY: I know. DS: Okay? Nobody thought he'd make corporal. When he got commissioned there was a, "Really?" (laughter) SY: A nice guy, but I didn't think that was going to happen. DS: Right. SY: So funny, you never know. Right? DS: Right. SY: You never know. All right, well I think, I think that's about it for my questions. I enjoyed this. DS: Okay. SY: Are you eating wheat this week? Or are you not eating -- DS: No, I've got some medical problems. I have -- END OF AUDIO FILE

Kazakhstan's gross domestic product (GDP) growth slowed in 2014 because of weak demand and the fall in oil prices. Government policies were directed to mitigating the impact of lower oil prices on growth. So far labor market and poverty reduction outcomes do not seem to have been affected by the downturn, thanks to continued job creation, inter-sectoral and geographic mobility, and new employer social arrangements. The same factors that slowed growth in 2014 are also clouding the outlook for the medium term. Trade and transport services will be affected by a knock-on effect from lower mining and industrial exports. However, GDP growth is projected to recover gradually along with oil prices. Continuing the current policy mix of modest fiscal expansion and tight monetary policy will not boost the economy; for the medium term a more neutral monetary policy stance and a more flexible exchange rate regime will more sustainably support growth.

International waters are the most problematic area of water management because there comes to a collision of rights between the riparian's, and the most complicated is the problem of trans-boundary rivers. The Euphrates-Tigris-Shatt Al Arab river system is the largest water resource in the Western Asia with a topographic catchment of more than 900,000 km2 from the Taurus-Zagros Mountain Range to the Persian Gulf and is populated by around 54 million people. The riparian's: Turkey, Syria and Iraq have different views on the resources of these rivers. Turkey doesn't agree with the term "sharing waters". They see it as inadequate. For them the Euphrates is a trans-boundary river that is under theirs sovereignty as long as it is within its territory. Iraq and Syria view it as an "international river" that should be treated as a shared entity. According to Turkey the Euphrates and Tigris form a single water basin, but Iraq and Syria consider them as two separate basins (UN-ESCWA and BGR, 2013). Turkey says that in order to reach an allocation, negotiations should include all available water resources, but Syria and Iraq disagree. On the 1997 UN Convention on the Law of Non-navigational Use of International Watercourses Turkey was the only Euphrates Basin country that voted against. If they had signed, that could give riparian's a veto right over their developments plans. In 1987 Damask and Ankara signed a protocol which guaranteed Syria 500 m3/s of flow on the Euphrates River, which was not respected during the filling of Ataturk Dam in 1990. The flow of the river has been cut in half by 2010 on the border with Syria and by 2/3 for Iraq since the development of the GAP project. In 1977 Turkey initiated the Southeastern Anatolia Project (GAP in original) to harness the water of the Tigris and the Euphrates for energy and agricultural production thus providing an economic boost to south-eastern Anatolia by creating 4 million new jobs. The project covers an area of 74,000 km2 and is populated by around 7 million people. When completed, there will be 22 dams and 19 hydroelectric power plants on these Rivers. The plan is to produce 27,367 GWh of hydroelectric energy per year and to double irrigable farmland to 1.8 million ha (UN-ESCWA and BGR, 2013). Today almost half of GAP has been fulfilled. This led to increase in salinity and serious changes of the ecosystem and river flow regimes. This caused a discord from the riparian's, NGOs and activists worldwide. International experts think that GAP when finished is going to consume more than 50% of the Euphrates and about 14% of the Tigris. To show this two periods have been selected. First period is from 1938-1974 and it represents the natural flow of the Euphrates River before the construction of the Keban Dam in Turkey and Lake Assad in Syria and the second is from 1974-1998 as the first phase of the evolving infrastructure on the Euphrates basin. The average flow was measured in Jarablat (Syria) and for the first period is around 950 m3/s and for the second around 800 m3/s, than Hit (Iraq) decreased from 970 m3/s to 720 m3/s and Hindijah (Iraq) from 630 m3/s to 470 m3/s. We can see a pattern and a decrease in flow of around 150 m3/s. Of course, regulation of the Euphrates can protect downstream countries from floods and droughts. The effects of water pollution are mostly visible downstream in Syria because Turkey diverts water from the main course of the Euphrates at Lake Ataturk. The water goes through the Urfa tunnels to the Urfa-Harran agricultural area in the upper Jallab/Balikh and Khabour sub-basins. The return flows from irrigation are large in quantity but poor in quality and they enter Syria mostly through the Jallab River near Tell Abyad and enter the Euphrates through the Balikh River around 200 km from the Syrian-Turkey border. This shows us why the Euphrates water quality has remained almost unaffected by the agricultural development in Turkey on the Syrian-Turkey border. There should come to a conjoined look from the riparian's on the rights of the ecosystem and the serious damage that is being done to it, for the sake of the greater good and the legal obligations of the riparian's between themselves. This is extremely difficult especially now with the rising political problems between Turkey and Syria. International experts in all fields relevant to this problem should meet and discuss this problem and enforce laws that will stick and solve the problem and save this fragile ecosystem. The most important thing should be the environment but we should not look the other way for the needs of the riparian's and their development too. So very important would be the research and potential of all available resources and their combined usage. There should be a good monitoring network of the underground and surface waters and calculation of the regime, balance and reserves and the amounts of water the riparian's need, then determining the connection of overall water flow because of the circulation of pollution. Then, there should be an assessment of geothermal potential of the area and its possible usage considering the North and East Anatolian Fault Zone. For example for the producing of electricity we could use the solar or geothermal energy, the energy of the wind and the energy of biomass and use as many of them individually or together. For irrigation where there are underground waters we could use a variety of methods, such as "AGRONET" or drip irrigation technique to decrease the usage of surface waters and their pollution. We could even use the polluted waters to produce energy by constructing a hydroelectric power plant in the area where polluted waters are flowing and after or in it there could also be a water treatment plant. Polluted waters should be monitored and diverted into one water course which should be regulated by a hydro-isolator securing the ground beneath and on the sides of this new course.

Der zu erwartende Anstieg des Weltenergiebedarfs macht angesichts der Klimaproblematik und der begrenzten fossilen Ressourcen eine Umgestaltung der Energiesysteme dringend notwendig. Die erneuerbaren Energien sind jedoch noch nicht in der Lage, eine zuverlässige und kostengünstige Energieversorgung zu gewährleisten. Die technologische Weiterentwicklung der regenerativen Energien sowie eine effektive Gestaltung geeigneter Förderstrategien sind daher zentrale Herausforderungen, denen Industrie und Politik gegenüberstehen. In Anbetracht der steigenden Nachfrage nach innovativen Lösungen und den daraus resultierenden Exportchancen spielen hierbei nicht nur Aspekte des Klimaschutzes, sondern auch industriepolitische Motive eine wichtige Rolle. Hinsichtlich der grundsätzlichen Frage der Technologieförderung, ob Innovationsprozesse durch "Technology-Push"- oder durch "Market-Pull"-Faktoren ausgelöst werden, besteht in der Innovationsforschung zwar Konsens darüber, dass beide Arten von Einflussgrößen von Bedeutung sind. Dennoch existiert in Bezug auf die Frage, welche Faktoren die Wirkung staatlicher Förderinstrumente beeinflussen und welche Effekte durch Interdependenzen zwischen verschiedenen Fördermaßnahmen hervorgerufen werden können, noch Forschungsbedarf. So werden insbesondere die Wirkungsweise und die Effektivität nachfrageorientierter Förderinstrumente nach wie vor kontrovers diskutiert. Um ein besseres Verständnis der Komplexität von Innovationsprozessen zu erhalten und die Einflüsse staatlicher Maßnahmen systematisch untersuchen zu können, wurde in dieser Arbeit ein agentenbasiertes Simulationsmodell entwickelt, auf Basis dessen sich die historische Entwicklung der deutschen Fotovoltaikbranche analysieren lässt. Hierbei bietet sich die Fotovoltaiktechnologie (kurz: PV) zum einen deshalb an, weil sie schon seit Anfang der 1960er Jahre gefördert wird. Zum anderen wurden und werden nicht allein Maßnahmen zur Forschungsförderung, sondern auch nachfrageorientierte Förderprogramme, z. B. das Gesetz für den Vorrang Erneuerbarer Energien (EEG), eingesetzt. Die agentenbasierten Modellierung zeichnet sich dadurch aus, dass komplexe Zusammenhänge ausgehend von den Interaktionen einzelner, autonomer Akteure abgebildet werden. Daher lassen sich die dynamischen Wechselwirkungen zwischen der Mikroebene des Akteursverhaltens und der Makroebene des Innovations- und Marktgeschehens unmittelbar analysieren. Außerdem erlaubt die agentenbasierte Modellierung die Abkehr von Modellen, die auf dem Leitbild des "homo oeconomicus" der neoklassischen Ökonomik basieren, da es möglich ist, Aspekte wie begrenzte Rationalität oder die individuellen Strategien heterogener Akteure zu modellieren. Im Vergleich zu bisherigen Arbeiten wurden dabei wichtige Ergänzungen und Fortschritte erfolgreich umgesetzt: Hatten bislang erstellte Modelle, in denen industriespezifische Innovationsprozesse untersucht wurden, primär qualitativen Charakter, konnte die historische Technologie- und Marktentwicklung der betrachteten Branche im Rahmen dieses Vorhabens weitestgehend auch quantitativ nachgebildet werden. Die verschiedenen Prozesse der Wissensgenerierung, -verbreitung und -akkumulation wurden außerdem deutlicher differenziert, wodurch eine bessere Nachvollziehbarkeit des Innovationsvorgangs selbst erreicht wird. Ebenso wurden nachfrageseitige Prozesse stärker in die Modellierung mit einbezogen. Somit sind aussagekräftigere Analysen nachfrageorientierter Fördermaßnahmen möglich. Insgesamt sind daher auf Basis des entwickelten Agentenmodells sehr umfassende Analysen staatlicher Fördermaßnahmen möglich. So demonstrieren die verschiedenen Simulationsexperimente, in deren Rahmen die Wirkungen einzelner Instrumente auf das Innovations- und Marktgeschehen in der Fotovoltaikbranche gezielt untersucht werden konnten, nicht nur die Tragfähigkeit der verwendeten Methode. Vielmehr wird anhand der Simulationsergebnisse ebenfalls deutlich, wie stark die Effekte von "Technology-Push"- und "Market-Pull"-Instrumenten ineinandergreifen und wie sehr die Wirkungen dieser Maßnahmen dabei von der Entwicklungsphase der Branche abhängen. Darüber hinaus zeigt sich zum einen, dass die geeigneten Zeitfenster für die Durchführung der jeweiligen Förderprogramme mitunter begrenzt sind. Zum anderen sind die kurz- und die langfristigen Effekte einzelner Maßnahmen manchmal sogar gegenläufig. Ausgehend von den im Rahmen dieser Arbeit gewonnenen Simulationsergebnissen lässt sich zusammenfassend feststellen, dass die bisher in Deutschland durchgeführten Fördermaßnahmen verhältnismäßig effektiv einzuschätzen sind. Trotz der hohen Komplexität der zugrundeliegenden Innovations- und Marktprozesse wurde ein ausgewogener Kompromiss zwischen einer schnellen Kostenreduktion einerseits und der Aufrechterhaltung einer technologischen Vielfalt anderseits erreicht. Dies deutet insgesamt darauf hin, dass Forschungs- und Nachfrageförderung gut aufeinander abgestimmt waren. ; In response to the expected increase in world energy demand, the growing challenges of climate change and resource depletion, energy from renewable sources will have to play a significant role on future energy markets. However, renewable energies are not yet able to ensure reliable and affordable energy supplies. Therefore enormous efforts from the industry will be necessary in terms of both innovative processes and products in order to fulfil the needs of a future energy mix. Renewable energy technology development and the effective design of appropriate support strategies are thus crucial challenges which industry and politics will have to resolve. Given the rising global demand for innovative solutions and the resulting export opportunities, support policies do not just aim at environmental goals. In fact economic development and technological change also play an important role. With regard to the fundamental question of science and technology policy, whether innovation processes are triggered by "technology push"- or "market pull"-factors, innovation research has reached a consensus that both types are important. Nevertheless further research is needed on the factors that influence the effectiveness of support instruments and on the potential interdependencies between different support measures. In order to better understand the complexity of innovation processes and to examine the influences of public policies, an agent-based simulation model was developed within the framework of this thesis. Based on this model - which makes use of the concepts of neo-Schumpeterian economics - the historical development of the German photovoltaic industry can be reproduced and analysed. The PV industry is a well suited example for this kind of analysis because it has already been subsidized since the early 1960s. In addition, not only measures to support research, but also demand-oriented programs such as the German feed-in law ("Renewable Energy Sources Act") were implemented and are still being used. The various interdependencies between support measures, company behaviour, technological progress and consumer behaviour led to the chosen modelling approach. Agent-based modelling analyses complex effects on the basis of the interrelations of individual, autonomous actors. It is therefore possible to simulate the dynamic interactions between the behavioural patterns of the stakeholders at the micro-level and the innovation processes and the evolution of the market at the macro-level. Moreover, the basic paradigms of neoclassical economics (e. g. the "homo oeconomicus" concept) can be abandoned since it is possible to model aspects like bounded rationality or individual strategies of heterogeneous actors. Compared with previous work important extensions and improvements have successfully been implemented: Existing models focusing on industry-specific innovation processes are primarily qualitative in character. Within this work the historic development of the considered industry sector could also be replicated quantitatively to a large extent. Furthermore the different processes of knowledge generation, dissemination and accumulation were also clearly differentiated, thus making it easier to understand the innovation process itself. As the demand side was also modelled in a more comprehensive way, quite detailed analyses of demand-oriented incentives are possible. Overall, the agent-based model developed in this thesis is well suited for analyses of governmental support measures. The various simulation experiments during which the effects of individual policy instruments on the rate and direction of technological change in the photovoltaic industry could be tested systematically do not only demonstrate the general suitability of the method used. Rather, the simulation results also indicate the magnitude of interaction of "technology push"- and "market pull"-instruments and how the respective effects of these measures depend on the different phases of the industry life cycle. Additionally the results illustrate that in certain cases the appropriate time frames for the implementation of public support programs are limited. Also it is revealed that short- and long-term effects of individual policy measures might even lead in opposite directions. According to the analyses performed with the developed agent-based model of the PV industry it could be conducted that the support programs introduced in Germany so far were reasonably effective: Despite the high complexity of the innovation processes and the market development a balanced compromise between a rapid cost reduction on the one hand and a promising technological diversity on the other hand have been achieved. This indicates that the interaction of public R&D funding and demand-oriented policy measures have been well-adjusted.

Issue 45.5 of the Review for Religious, September/October 1986. ; REVIEW FOR REI.IGIOUS (ISSN 0034-639X), published every two months, is edited in collaboration with the faculty members of the Department of Theological Studies of St. Louis University. The editorial offices ave located at Room 428:3601 Lindell Blvd., St. Louis, MO 63108-3393. REvIEw FOR REIolGIOUS is owned by the Missouri Province Educational Institute of the Society of Jesus, St. Louis, MO. © 1986 by REVIEW FOR REt,IGIOUS. Composed, printed and manufactured in U.S.A. Second class postage paid at St. Louis, MO. Single copies: $2.50. Subscription U.S.A. $ I 1.00 a year: $20.00 for two years. Other countries: add $4.00 per year (postage). Airmail (Book Rate) $18.00 per year. For subscription orders or change of address, write i~vlr~w FOR I~LtG~OUS: EO. Box 6070; Duluth, MN 55806. Daniel E X. Meenan, S.J. Dolores Greeley, R.S.M. Iris Ann Ledden, S.S.N.D. Richard A. Hill, S.J. Jean Read Editor Associate Editor Review Editor Contributing Editor Assistant Editor Sept. / Oct., 1986 Volume 45 Number 5 Manuscripts, books for review and correspondence with the editor should be sent to I~v~Ew FOn REt,tG,OUS; Room 428; 3601 Lindell Blvd., St. Louis, MO 63108-3393. Correspondence about the department "Canonical Counsel" should be addressed to Richard A. Hill, S.J.; J.S.T.B.; 1735 LeRoy Ave.; Berkeley, CA 94709. Back issues and reprints should be ordered from REVIEW ~Oa REL~C~OUS; Room 428; 3601 Lindell . Blvd.; St. Louis, MO 63108-3393. "Out of print" issues and articles not published as reprints are available from University Microfilms International; 300 N. Zeeb Rd.; Ann Arbor, M! 48106. A major portion of each issue is also available on cassette recordings as a service for the visually impaired. Write to the Xavier Society for the Blind; 154 East 23rd Street; New York, NY 10010. Dominican Mission and Apostolic Common Life Mary A nn Fatula, O.P. Sister Mary Ann is the Chairperson of the Theology Department of Ohio Dominican College (1216 Sunbury Road; Columbus, OH 43219). Her last article, "Trusting in the Providence of God," appeared in the issue of January/February, 1986. In company with other religious orders, we Dominicans have placed a great amount of energy into reclaiming our mission of apostolic preaching in the Church. Yet even as we have become increasingly competent and profes-sional in our ministries, more than a few of us have sensed that something is radically missing from our reappropriation and that our mission requires far more of us than the total dedication of our energies to ministry. If we are honest, we must admit to a growing pain which we too easily push aside because we fear the cost of facing its implications. We find our ministries consuming us, sapping our energies and perhaps making very little real or lasting impact on others in spite of our hectic lives. At the same time, we see that the women and men drawn to Dominican life do not come to us for the sole sake of ministry. In many cases they already have been successful in a ministry and are looking for a committed community which will nourish their prayer and service in the Church. Yet we know in our hearts that precisely what these young people desire and have aright to expect from us we seem unable to offer them. In addition, our study of Dominic shows us that his vision entailed not simply a task to be accomplished but the far more comprehensive and demanding reality of a life to he lived. As we catch glimpses of these truths, we are beginning to suspect that our desire for "something more" in our life together expresses 641 642 / Review for Religious, September-October, 1986 the Spirit's own cry within us for the very life to which this same Spirit has called us: a life of preaching as the apostles did, out of a rich communion not only with the Lord but also with one another. The Relation Between Dominican Mission and Apostolic Common Life Many of us may not have reflected on the importance of community when we entered religious life, and yet we probably experienced its value, at some level at least, simply because we could not escape its structure. Today, however, we often have local settings in which hardly a semblance of com-munity life exists. On weekends no one is around; on weekdays it is difficult, if not impossible, to find one evening during a given month when even a small community is present in its totality at a supper meal. In many instances, not much binds us together except the TV set. We know by experience that simply promulgating laws does not make us choose something, no matter how valuable it is. We make free commit-ments because we have experienced the beauty of the reality held out to us, or because our hearts and minds reach out to claim a value when its beauty becomes apparent to us. Perhaps we do not experience the beauty of common life today--quite the opposite. But a deepened understanding of what common life can and must be for us could inspire us to consciously claim it anew. Far from providing "icing on the cake" to pep up our mission, so to speak, apostolic common life is literally a matter of life and death for us: if we do not reclaim it, we will perish. The interior communion and interdependence at the heart of Dominic's vision is something no structure or law can deliver to us; no outside force will hold us responsible for living it unless we ourselves do. Dominican apostolic common life, and thus the Dominican mission, will survive only if living men and women freely choose to devote their energy to living it. As M.H. Vicaire points out, Dominic renewed the apostolic life in its fullness precisely because he founded the outer element of missio upon the inne~ element of communio. The mission of itinerant preaching of God's word, the very ministry that founds the Church, was to flow from the rich interior life the Dominicans lived through prayer, the evangelical counsels, community and study. Far more than the task of merely verbal or written preaching, Dominic's mission entailed living the Word we preach with our mouths and pens, preaching in fact with our very lives. "I have come to cast fire on the earth" (Lk 12:49). We know the differ-ence between the preaching of mere words, and the kind which enlightens and sets fire to us: "Were not our hearts burning within us as he spoke to us on the way" (Lk 42:32). Dominican preaching is meant to be both light (or the mind and warmth for the heart because that preaching Dominican Mission / 643 comes from fire in the heart. This constitutes the Dominican mission in the Church, inseparably Word and Spirit, truth and love, light and fire--the fire of loving communion lived and put into words. The Spirit of communion anointed Jesus himself in the word he proclaimed (Lk 4:18); gathering a community around him, he preached not as an isolated individual but united to his Father and also to the twelve: "Let usgo to the next towns that we may preach there also, for this is why I came out" (Mk 1:39). When Jesus sends the apostles to preach, he sends them not one by one, but two by two (Mk 6:7). A witness at Dominic's canonization process in Bologna testified, "his words were so moving that most of the time he himself and his listeners were stirred to tears." We ourselves weep when something in a speaker's heart sets fire to our own hearts. Dominic wept when he preached because he spoke of what he loved and lived in his communion with the living God and with brothers and sisters. Jordan of Saxony writes of him that his "fre-quent and special prayer to God was for the gift of true charity." In a marve-lously creative synthesis Dominic combined the itinerant preaching of the apostles with the communio of the early Church. Preaching formed the purpose of the Dominicans' prayer, study, and community; but even more, the apostolic life they lived together, the reality of their love and communion with one another in the Lord, constituted the loudest and clearest word they preached. "Living Together," Community Life, and Common Life We have learned to distinguish between mission and ministry; our mission of preaching entails living the apostolic life in its fullness, preaching what we live, while our ministries express that mission in concrete and diverse ways. In a similar manner, we can distinguish between simply living together, community living and common life. Most of us perhaps know the first reality, "living under the same roof." Like ships in the night we greet each other but have no real connection to or interaction'with one another. Some of us may know, too, the deeper reality of community life, concrete sharing of goals, interests, work, prayer, responsibilities. But the words "common life" in fact translate the Latin word communio denoting an interior reality, a union of hearts and minds which only the Spirit can effect. Certainly this communion must be expressed in concrete forms, yet its reality is far more deep and inclusive than what "living together" or even "community life" denotes. We can share many things in community and still not share the deepest reality for which we are called together, the Lord whose love makes us one. The Hebrew and Christian Scriptures which, inspired Dominic's vision 644 / Review for Religious, September-October, 1986 portray preachers as people joined together to receive and to proclaim the Word expressing the very life they live in communion with others. Recalling how communities gathered around the Hebrew prophets, the author of John 17 places on the lips of Jesus the following prayer: May they "be one, as you, Father, in me, and I in you." May they all "be one in us, that the world may believe that you have sent me. I have made known to them your name and I will make it known, that the love with which you have loved me may be in them, and I in them." These words hint at the truth that no mere human effort can bring about communio. We have already tried human plans, projects, laws and programs, and we still find that we cannot achieve by our own efforts alone the kind of communion to which we are called as Dominicans. Only the Spirit gives life, and only the Spirit can offer us the power to live the kind of communion to which our vocation calls us, a human sacrament of the unspeakable com-munion at the heart of the triune God. When we ourselves love, we find that the closer we come to another, the more the union causes a bitter-sweet pain precisely because we cannot achieve the kind of oneness we desire. Because we cannot literally have one mind and heart with another; there remains always that final place in us which no one else can know or enter. But the Father, Son and Spirit live literally one life; in their communion no hint of division or separation exists. Our call to communio, to the common life, invites and urges us to be in some way a sacrament of this trinitarian communion. The Acts of the Apostles describes this reality among the early Christians: "The company of believers were of one heart and one soul in the Lord . . . they had all in common" (Ac 4:32). Here common life signifies not simply the sharing of material goods but ultimately the interior bond which makes them of one mind and heart in the Lord. Precisely because of this communion, the early disciples share everything in a "common life." This apostolic communio described in Acts 4:32 clearly inspired Dominic's own vision. The Rule of Augustine which he adopted for his Order opens with the proclamation that those gathered together have been called by the Lord precisely to live with one heart and mind in the Lord. And the primitive Constitution of his Order begins with this prologue: "Because a precept of our Rule commands us to have one heart and one mind in the Lord, it is fitting that., the uniformity maintained in our external conduct may foster and indicate the unity which should be present interiorly in our hearts. "" The earliest constitution of Dominic's Order thus identifies preaching not as a mere speaking of words, but as the expression of unity in the Lord which even in their diversity binds the members together in the apostolic common life. Dominican Mission / 645 The Basic Constitution adopted at River Forest in 1968 emphasizes this theme anew. The first three paragraphs speak of the mission of proclaiming God's Word, but the fourth paragraph makes clear the very heart of this mission: "Because we share the mission of the apostles, we follow their way of life as Dominic conceived it. With one soul we live in community." This distinction between the interior communion and the concrete expression of it in community life has important implications. Those who for serious reasons are unable to live in Dominican community may yet be truly living in the communion that binds us together with one heart and soul in God. Communio does have to be lived out in concrete ways, and community life is one of them, but Dominican communio is lived out also through study, prayer and ministry that flow from our interior union with our brothers and sisters in Dominic's family. We are called to foster one heart and soul in the Lord--a mystery far more deep and demanding than simply living under one roof. The Holy Spirit at the Heart of Dominican Apostolic Communion We address Dominic as "Preacher of grace" precisely because his procla- ¯ marion came not only from grace, from the Spirit's fire, but also spoke about grace, the supremacy of God's mercy and power in our lives. The Dominican mission calls us to preach from the fullness of our own experience of this mercy, our own realization that finally God's work and not our own will save us. In our attempts to renew and to live this communion among us, we are thus brought to our knees; the word of grace we are called to preach to others becomes only a "noisy gong and clanging cymbal" (1 Cot 13:1) unless it is also the word of grace we ourselves live together. In writing of love, Aquinas stresses how the activities of knowing and loving expand and enlarge us by uniting us to reality beyond ourselves. The process of becoming mature adults entails the ability to extend ourselves outside of our own limited being to others around us. Knowledge takes reality into us, so to speak, but in also lov!ng what we know we reach out in an "ecstatic" movement outward toward what we love (ST I, 16, 1). In love, we put others in place of ourselves and regard their good truly as if it were our own. The ecstatic nature of love's union in this way truly enlarges our being, increasingly actualizing us as human persons. Thomas distinguishes, however, between self-gratifying love and the love of friend-ship. In self-gratifying love, although we seem to be drawn out of ourselves to good outside us, the movement of love remains within us and focused on ourselves; we desire the good of others not for their sake but for our own (ST I, 28, 3). The love of friendship, in contrast, loves others as equals and directs 646 / Review for Religious, September-October, 1986 our affection outside of us to their reality precisely as other. True union thus happens only when we reach out of ourselves in an unselfish move-ment of love toward others' own uniqueness. Yet as experience itself teaches us, our own efforts alone cannot effect this kind of love. Precisely for this reason, "the love of God has been poured into our hearts by the Holy Spirit who has been given to us" (Rm 5:5). Most of our communities have engaged in some program of helping us to appreciate and to tap our own resources, especially the gift of one another. But the gift we have left most untapped is the very person of the Spirit. Aquinas notes that the Spirit's name as Gift denotes gratuitous, unreturnable bestowal, with no expectation of return. And because a gift is presented to us only so that it may belong to us, the Spirit given to us is truly ours, our possession, our gift, our Spirit (ST I, 38, 1). Dominican women especially are called upon to renew this awareness of and reliance upon the Spirit's power in our life and ministry together. If we would claim our affinity for the Spirit's tender mercy and strength within and among us, we could become ourselves a new gift in and for the Dominican family, a living gift of women who live and speak the anointed word. For the word we have preached as Dominicans too often has not conveyed or come from the Spirit's anointing. This seems to me a special contribution which Dominican women can make to the Order today: to live and to proclaim the word of truth warmed with the fire. of life. Aquinas stresses that the Word cannot be divorced from the Holy Spirit: because the Son eternally breathes forth the very love between him and the Father, the living person of the Spirit, the Word is always Verbum spirans amorem-- the Word breathing forth love (ST I, 43, 5, ad 2). Only when we internalize this truth will we live out our call to be preachers not simply of the Word but of the anointed Word. Our mission to preach the Word by its very nature thus demands our increasing submission to the Spirit of God in whom we are to find the motiva-tion and power for our life together. "Ask, and it will be given you . . . if you who are evil know how.to give good gifts to your children, how much more will the heavenly Fath.er give the Holy Spirit to those who ask him" (Lk 11:9, 13). We need to call down upon our life together the Spirit who alone can effect the interior communio at the heart of our preach-ing mission. As Aquinas stresses, the charity at the heart of our union is a created participation in the very person of the Spirit (ST II-II, 24, 2). This is a profound and radical insight, it seems to me: the bond of love we share is in some sense nothing less than the very reality of the Spirit, the divine person of love. As a participation in this Spirit, charity heals and enlivens our capacity to love one another truly as other. Again as Aquinas Dominican Mission / ~147 comments, charity of all the virtues has the strongest inclination to its act, for it reaches out to live in a spontaneous movement of pleasure and delight (ST II-II, 24, 5, ad 3; II-II, 23, 2). Since the Spirit's own person dwells in us by charity, making his power of love in some sense our very own, charity is specifically the same act whereby we love God and also one another. The movement of selfless love that binds us to each other thus of its very nature binds us also to God (ST II, 25, 1). The interior communion at the heart of our preaching mission calls us to reach out to one another's joys and sorrows, but we know how difficult it is to do this. We may be physically in the same room, apparently speaking and listening to one another, and yet we know in our hearts how often we are not present to one another's concerns. This kind of communion can happen only when the Spirit opens us to one another. As William Hill points out, the Spirit--and not just some effect of the Spirit's activity--is the very bond in some way uniting us in apostolic communion.' Perhaps we have had tastes of this communion at a time when we were bound together in a community sorrow or joy or at a time of deep prayer and celebration. We may have experienced this interior bond when the group was lost in silence and we had an intimation that our common life is not simply words we say or tasks we do for another. As Hill notes, when the Spirit "lays fast hold of us, we begin to live from a personal center that is our own self.''2 This last insight suggests that Dominican apostolic common life is possible only at the price of a profound continuing conversion on the part of each of us. W~ are called to live not from a center of narrow interest and self-concern, but from the abundant love of the Spirit who enlarges our hearts by making room in them for the truth of one another, In the depths of our being, the Spirit "lures us to the self-transcendence" of interdependence in the midst of our diversity: "The proper domain of the Spirit is not life in isolation, but in communion.''3 Neither Jesus nor Dominic sent our people one by one to convert the world, to be individual leavens in many places. This is a valid call, but it is not ours as Dominicans. If we are to live our charism in the Church, our preach-ing must express the fire of love that we live first of all in communion with one another. Individual men and women may have 1o minister alone in special cases, but their ministry also is called to give voice to the communion at the heart of the Dominican mission. If we are truly to live what we preach and preach what we live, the word we proclaim as Dominicans must express the apostolic communion we live with one another. The apostles' own preaching had such power because it overflowed with the Spirit's love lived in communion with one another, Because the Spirit inflames and anoints our preaching only to the extent that this same Spirit 648 / Review for Religious, September-October, 1986 binds us in love in one another, we will rediscover what it means to be fire in the Church, as Dominic was, only when we rediscover the absolute central-ity of apostolic communion. In many instances we still do not preach and minister out of the abundant communio we live with one another. And to the extent that we do not, we are insipid in the Church, a "noisy gong" and a "clanging cymbal" (1 Cor 13:1). Each of us is called to beg the Spirit's grace in our individual life and in our life together that our preaching would in fact give voice to the communioh we live with one another. Renewing Common Life Through Renewing the Four Elements of Dominican Life Because the Spirit's grace entails the mystery of both God's activity in us and also our free human cooperation, perhaps our most significant task in deepening our communion is to give renewed attention to each of the four elements which comprise Dominican apostolic life. And for both Dominican women and men, it may well be not simply a question of reclaim-ing but also of claiming these elements as our own in a way we have never done before. With regard to the first of the elements, prayer, we realize that our preach-ing is meant to flow from the abundance of our contemplation: "'contemplata aliis tradere. "" Yet too often we find ourselves saying, "My work is my prayer; the demands of my ministry prevent me from devoting explicit time to prayer." But as Vincent de Couesnongle, former master general of the Order, commented in an address at Providence in 1982, "People quickly distinguish the preachers who speak of the Friend with whom they constantly live, from the preachers who speak of him as of a stranger and try to pass him off as a companion with whom they are on familiar terms. The first know how to speak about God, because they are in the habit of speaking to God." People are thirsting to find in us women and men of God, and they recognize our pretense when we do not pray. And because this is so, what we most owe others in our ministry is precisely what we do with our time when we are not with them. Experience itself teaches us the paradox of grace: that God accomplishes wonderful things through us when we do not devote one hundred percent of our time to ministry, when we devote ourselves also to adoration before the living God in prayer. Many of us are perfectionists who think that our time must be consumed by projects to make our ministry more effective. Without belittling these efforts, more than a few of us are discovering that redirecting some of our " energy from compulsive busy-ness to time in prayer and fostering contempla-tive peace in our lives effect far more profound results than our efforts alone could have accomplished. What we do with our time when our people do Dominican Mission / 649 not see us often bears the deepest gifts for them when they do see us. We owe the people to and with whom we minister a consecration of our time to prayer so that they will find in us living evidence that God's presence and mercy fill the world. With regard to the second element of Dominican life, we are beginning to suspect the radical nature of our call to study. Dominic identifies as the crucial element at the heart of his Order the sacred study which opens us to contemplation and preaching. And is this not what we most lack in our lives today? Again, in his 1982 Providence address, de Couesnongle stresses, "It is a systematic, deepened and persevering study that we need to under-take . If this is not the case, then spiritual suffocation awaits us. The experience of each one of us shows this sufficiently." De Couesnongle com-ments that he stopped congratulating members of the Order for working so hard precisely because "people are overworked., they believe that one has to work like this. And thus, an unbalanced life results" whose equilibrium can be regained only by "stressing more a basic study that is at once serious and prayerful." Without prayer and study, we do no real preaching. We women especially must claim as never before our call to profound study; if we think we have no time for this because of our ministry's demands, we fool ourselves. No one will force us to study; this is a priority choice we ourselves must make. We come now to the third element that fosters communio, our com-munity life. In 1980, de Couesnongle noted in his report to the General Chapter meeting at Walberberg that he too easily believed the common life could be renewed simply by insisting on meetings and rules, as if these would automatically bring results. He came to see that true community life flourishes only to the extent that each person freely chooses to commit herself or himself to a real interest in the community members and to sharing what makes up his or her own life. "The newspaper and TV . . . will simply not suffice to excite and nourish an authentic community life. How many of us know how to share with outsiders what is best about ourselves, but become soeechless with our sisters and brothers?" We need to become, as never before, women~and men of the Word shared with one another, choosing to live what Dominic asked of us by speaking to and about God with one another. Is this not what we so little do? Because very few structures foster our communio, community life will cease to exist unless we freely choose it. We easily blame those in authority for the erosion of our life together when in fact we ourselves are responsible for its life or death. If our communities die, each one of us is responsible. We must begin to speak the Word to one another, to pray together, to speak to one another of deeper matters than simply the weather. 650 / Review for Religious, September-October, 1986 Because mission is our purpose, our community life and sharing of the Word with one another cannot be a matter of adding more time requirements to our already busy day; our commitment to one another must be in terms of quality rather than quantity time. Even if we are fortunate enough to experience a measure of community life, it is often not communio, our shared faith in the living God, that binds us together. But by taking advantage of the opportunities we already have for quality time together, we can take the risk of improving the level of conversation at table and of sharing the Word at our prayer and house meetings. And instead of harboring anger and resentment, we can begin to speak the truth in love to one another, for even honest fights do far more to foster communio than polite silence. Candidates to our communities who may have tremendous gifts for preaching and prayer and yet do not value the commitment to communio show by this very fact that whatever call they do have, it is not to Dominican life. And we who have already consecrated ourselves to this life must con-sciously choose today what perhaps we have never really chosen before, a true commitment to the community life that fosters the communio at the heart of our Dominican mission. De Couesnongle noted in his 1982 Provi-dence talk that as we have abandoned structures, individualism and non-par-ticipation have grown, and these are the "enemy number-one of community life." "Community life demands interpersonal relationships. Are we not too easily secretive. Do we not spontaneously hide what we are?. We bottle ourselves up and dodge compromising questions." He also notes the radical nature of our present call to community, precisely because so much today militates against a true union among us. We have become as secula-rized as the world, as filled, perhaps, with a selfish individualism that makes it increasingly difficult for us to reach out of ourselves to one another. Just as we ourselves must ratify our own baptismal vows, we Domini-cans are called to make a personal choice to live in fact what we say we are living. We can no longer escape facing ourselves with the question: "Why am I here? If I want to preach as a Dominican, my preaching must come from a true communio I myself concretely live." Unless each of us squarely faces this question and lives out its implications, we will surely die as com-munities, because we will fail to live our charism in the Church. Since the Dominican tradition has always treasured the richness of plural-ity, there are and will be diverse ways of living our call to communio. Our being bound together with one heart and mind in the Lord will express itself in different ways according to the character of each local community. And if for some serious reason a Dominican must live alone, he or she can still live out the Dominican call to communio-missio by fostering in whatever ways possible a true communion, a oneness of mind and heart with the Dominican Mission / 651 brothers and sisters. As our congregations decrease in numbers, we will be forced to cooperate with one another in the kind of collaboration that the Dominican family asks of us. Increasingly we are called to minister together, to provide options for living in communities of other Dominican congrega-tions in order to preach and minister from a communio concretely lived. And we need to actively work toward these new kinds of configurations. We consider finally the relation between communio and ministry. We Dominican women especially are growing to realize that our mission is not simply ed.ucation but Dominic's mission, the preaching of God's Word through our varied ministries. Each of us needs to take personal responsi-bility for the extent to which her ministry concretely expresses this mission and to ask ourselves how we can best focus our varied gifts in the service of proclaiming the Word. Perhaps more than a few of us are called to re-examine whether the ministry to which we are devoting our energies is the one to which God is calling us now, the ministry which best utilizes our gifts for the mission of proclaiming the Word. We need also to ask ourselves whether we have allowed our ministries to consume and master us, rather than to free us in joyful service. When we fail to live the Dominican call in all of its elements, when we cheat other dimensions of our life to devote all of our energy to ministry, we find our-selves in an inevitable burnout, ministering not out of the abundance of our communion with God and with one another, but out of our own emptiness. Not every possible ministry is meant for us as Dominicans. If we are not ministering from the fullness of a contemplative peace and in a way that fosters this peace in others, we need to face the hard question of why this is so. If all that we bring to the world as Dominicans is more busy-ness, more hectic activity, we have nothing to contribute. What others need from us is not more unpeacefulness but the witness of men and women who minister from the depths of contemplative peace. This is one of the chief ways we are called as Domincans to be counte~:-cultural. When our ministry no longer fosters this peace within and around us, when it drains us end-lessly and yields nothing but unpeace, we need to take a second look at whether God is not calling us to another ministry more at the heart of our mission to proclaim the Word. De Couesnongle points out in his 1982 Providence address: "Work is not prayer., in saying we lack time we find an easy excuse. Do we have the right to present ourselves as religious whose word proceeds from the abundance of contemplation? Time is needed, if we are to pray. Let us find this time and give it to God . . . This is my dream for the Order: contemplation and preaching., preaching ex abundantia contempla- 652 / Review for Religious, September-October, 1986 tionis. "' This is also Dominic's dream for us. But a dream becomes reality only when we ask it as a gift from God and then with all of our hearts make a conscious choice to commit ourselves to its realization., together. In his 1970 commentary on the Fundamental Constitution, Vicaire stresses that our one profession, our one vow, integrates us "'into the communion, and it is the communion which has the mission. "" Our vow consecrates us not only to God but also to one another, for it consecrates us to be a "reli-gious community of life vowed to preaching." Our Dominican life itself "is an apostolic mission in the Church" that springs from the communion we live with one another. Vicaire continues: we are not "just a team engaged in a common task." We are "a community of life, centered essentially in faith's response to the Gospel and in the seeking for God together." Our call to the common life is the heart of our specific mission in the Church, for our preaching as Dominicans is meant to flow from our communion with God and with one another, the communion that makes us in truth of one heart and mind in the Lord. "This requires that we be a true community. We are in it for better or for worse, as in the conjugal community, until death." We need to take seriously this "conjugal" relationship not only with the Lord but also with one another, for as married people can and do tell us, real communion happens only at the cost of personal time and energy and commitment. Our Dominican mission will again bring fire to the Church and world only to the extent that it springs from and expresses the communio we live with one another. As ! write these words, 1 am conscious of how little I live them. But I also know that to run from the truth is to sell our very soul. May the words de Couesnongle spoke in Providence in 1982 about the common life as the indispensable well-spring of our preaching mission in the Church continue to knock at the door of our minds and hearts: "Each of us must feel herself or himself responsible for this. We have to pay out of our own person . Alone and in community, let us have the courage to confront this problem and then, 'Do what he tells you.' " NOTES ~William J. Hill, O.P., The Three-Personed God (Washington, D.C.: The Catholic University of America Press, 1982), p. 303. 21bid, p. 288. 3lbid, p. 307. Active and Monastic: Two Apostolic Lifestyles George A. Aschenbrenner, S.J. Father Aschenbrenner is well known to our readers especially for the series of yearly surveys in spirituality he authored from 1980 through 1985. For the past year he has been Director of the Spiritual Formation Program at the North American College in Rome, where he may be addressed (00120 Vatican City State). This article originally appeared in the USIG Bulletin (Rome: no. 70, 1986), and is reprinted with permission. The spirited beauty and gracefulness of Jesus Christ has inspired the minds and hearts of women and men for centuries. They have been stirred, at times, to feats of missionary heroism all over the world. At other times, they have found encouragement for quiet, hidden faithfulness to the daily duties of a very ordinary state in life. In all these different types of heroism the moti-vation is the same: an enthusiastic love of Jesus Christ. In some way, then, Christian spirituality is always one and the same. Its beginning and end, its motive and energy always focus on that one whose words still echo in hearts today: "I am the Way, the Truth and the Life" (Jn 14:6). But over the many years, this one, central essence of Christian spirituality has taken expression in many different forms, some of which, at times, have seemed almost irreconcilable. Whenever these different forms are misunderstood and their common rooting in one basic Christian spirituality is forgotten, then they can become competitive or even truly at loggerheads. The interrelationships of each form with the one fundamental Christian spirituality, and of the various forms among themselves, have not always been easy and clear. But as long as we are careful to maintain a lively familiar-ity with and a genuine belief in Jesus Christ as the root and foundation of 653 654 / Review for Religious, September-October, 1986 Christian spirituality, we can speak of numerous Christian spiritualities. The following quotations are good examples of two very different dynamics within the one basic Christian spirituality: The Carthusian life rests upon a deep foundation of silence which you know and love, and it is in that depth that the Eternal Word is born for each one of us. There lies our whole vocation: to listen to Him who generates the Word and to live thereby. The Word proceeds from Silence, and we strive to find Him in His Source. This is because the Silence here in question is not a void nor a negation but, on the contrary, Being at its fullest and most fruitful plenitude. That is why it generates; and that is why we keep silent.~ Take down your lantern from its niche and go out! You may not rest in firelight certainties, Secure from drifting fog of doubt and fear. You may not build yourself confining walls And say: 'thus far, and thus, and thus far shall I walk, And these things shall I do, and nothing more.' Go out! For need calls loudly in the winding lanes And you must seek Christ there. Your pilgrim heart Shall urge you still one pace beyond. And love shall be your lantern flame.2 Though the dynamic of expression is different in these two instances, the core of the matter is the same: a heart afire with God's love in Jesus. But there will often be a very significant difference in the details of the daily living out of these two dynamics. And though the difference is never so profound asto destroy a common essence and a genuine bond, yet it is significant enough to prevent an easy identification of these two forms. My concern in this article is to describe and distinguish further these two different charisms or spiritualities, without endangering their basic rootedness in the tradition of Christian spirituality. Often in the past the Christian tra-dition has distinguished between monastic and apostolic spiritualities. I would like to suggest a further refinement of that distinction--a nuance that seems to me to be important and clarifying in these present times of struggle to understand the essence and expression of apostolic spirituality in religious life and throughout the Church. After some comments on the essence of all Christian spirituality as being apostolic, I will describe at some length what I will call two different apostolic lifestyles, charisms or spiritualities: the monastic and the active. Among the ancient world religions Christianity is unique in its strong Two Apostolic Lifestyles / 655 incarnational quality. In the Christian religion, at its center, is the claim that the Son of God became a full human being. Neither a deceptive illusion, nor a passing hallucinatory appearance, Jesus of Nazareth intimately, pre-cisely, awesomely gives flesh in our midst to the God who lives, beyond beginning or end, in unapproachable light and holiness. In Jesus, there can be no doubt that God is turned toward us forever in loving forgiveness and is ineluctably involved with and committed to our world evolving in time. In fact God is the decisive source and gentle sustainer of all being and crea-tion. And so we find in Jesus someone who enters our world confidently and profoundly, someone who lives and loves tenderly, courageously, thoroughly, and yet whose center of identity is never fully of this world. His God, addressed so intimately as Abba, "my dear Father," focuses his heart far beyond all of this world. On Calvary an apparently absurd and horrendous death can be desired, even chosen, precisely because his identity, though fully lived within this world, is not finally rooted here. And this identity is then fully revealed by God in the blessing of resurrection. The God of Christian religion always far transcends in being, beauty and life anything of this world. And so the Christian God is never fully identified with or by anything of the here and now, but, in Jesus, stands forever committed in loving forgiveness to all of us and to our created uni-verse. Fired by the same Spirit of God, all disciples of Jesus must learn to find an identity resonating in God far beyond this world while they live and love with a profound joy and hope that implicates them seriously within this world--but never so as to confine their identity to what they can see, taste and know here and now. And this balanced integration of the seriously incar-national with the transcendently eschatological has never been easy for any disciple of Jesus. There must never be any doubt of Christianity's healthy, creative and serious concern for this world. In the sense of a serious commitment to and involvement with our world, every disciple of Jesus must be intensely apostolic. Not to be apostolic, in this sense, is simply to betray Christian discipleship. For this reason, any facile distinction between apostolic spiritu-alities and monastic spiritualities may confuse, and may even deny the healthy, creative and serious concern--the apostolic concern--with this world that must be part of monastic spirituality. Nevertheless, as the central point of this article will make clear, there are two different ways of living out Christianity's serious, loving concern for this beautiful, anguished world. A central assertion of this article is that the essential apostolic orientation of Christian spirituality can be expressed in either a monastic or an active lifestyle. And these two quite different apostolic lifestyles are the result of God's Spirit at work in the hearts of men and women. This distinction, then, 656 / Review for Religious, September-October, 1986 is not something simply of human invention. Over centuries, as believers have struggled to be faithful to the Spirit of God inspiring their hearts, apostolic concern for our world expressed itself in a variety of ways. The evidence for our distinction here has resulted from God's love stirring human hearts down the ages. This distinction between the two dynamics of a monastic and an active relationship with the world cuts across the whole Church. It can name the experience of lay men and women as much as it can describe different types of religious congregations. And the Church has not always found it easy to acknowledge and respect these different apostolic charisms among women and men. Today, however, as a result of Vatican II, we are in a better position to recognize and cooperate with the different ways that grace stirs human hearts to express themselves and to be present.to God. To confuse or blur these two distinctive apostolic dynamics runs the danger of not respecting God's call in human hearts and of not cooperating properly in the formation of an appropriate apostolic Christian presence. The monastic and the active styles of Christian apostolate are not meant as hard and fast divisions. Rather, they express tendencies, movements of grace in our hearts. For many people and for many religious congregations, the challenge is to achieve the proper blend of these tendencies. We are speak-ing here, then, of a whole spectrum of development, from the highly monastic with little mixture of the active, right through to the highly active with a similarly small mixture of the monastic. It is like a long clothesline, and every individual and every group in the Church may be imagined as a clothespin that God attaches to some part of the line. As we consider these two different apostolic dynamics and tendencies of grace in the human heart, the issue centers on nothing less than identity-- either the identity of an individual or the corporate identity of a religious congregation. To avoid spiritual schizophrenia and identity confusion, no pins ought to be on the clothesline in the exact center. People who try to focus identity on this central point of the spectrum attempt the impossible balance of a life in apostolic faith of exactly equal monastic and active proportions. Religious congregations that referred in the past to themselves as semi-cloistered have been invited after Vatican II more carefully and decisively to interpret their identity with clear priority for either the monastic or the active style. The semi-cloistered balancing of exactly equal monastic and active dimensions is not possible. And such identity confusion, besides the damage done an individual or a religious congregation, also wreaks havoc in the ministry which, as the product of such identity confusion, must also be con-fused and weakly focused. Before moving now to a description of each of these two apostolic dynamics and lifestyles, two further comments are in order. First, no priority Two Apostolic Lifestyles / 657 of one style over the other is intended. The claim is that the monastic and the active are different and distinctive. There is no claim that they are superior, one to the other, in any way. Second, in describing each dynamic I will center on groups or on individuals who legitimately embody each tendency in a fullness and a clarity--with little qualification and nuance. When seen in such simple clarity and fullness, the dynamic in question can be better appreciated. But it should be understood that for many individuals and reli-gious congregations, the precise challenge is for them to qualify and nuance both dynamics so as to achieve an appropriate and identifying blend of each one.3 The Monastic Apostolic Dynamic I will describe six aspects of the monastic charism. These aspects are not disparate realities that stand on their own; rather they coalesce into a whole sensibility and way of life. As integrated and unified, they make up the monastic experience of God and the monastic vision of reality. These aspects are rooted in a distinctive dynamic at work in human hearts and comprise what, in the Church's long history, is usually called monastic spirituality. 1. Formal prayer is the primary determining influence. In the monastic apostolic lifestyle, the formal prayer of the Liturgy of the Hours and the Eucharist, and any other private contemplation resulting from the liturgy, has a clear and decisive primacy in the development of the Whole way of life. These times of formal prayer are the first items placed in the daily schedule. They literally determine the schedule and the contour of the life. As regularly spread throughout the day, this experience of formal prayer clearly determines, not only the schedule, but the very structure of monastic spiritu-ality. The heart of the monastic person is primarily and thoroughly rapt in the contemplation of God. And simply everything reveals this primacy. 2. Order, routine, regularity and schedule are central. Because of the clear priority of the Liturgy of the Hours and the Eucharist, the monastic life reveals and requires a regularity of order and schedule. Often, only Sundays"and special feasts will vary the fundamental routine of monastic life. An active prejudicefor variety as the spice of life should not lure monastic people away from a profound regularity of life in which the monastic heart is purified and disciplined for docility to the spon-taneity of God's Spirit. The disorder of any inappropriate irregularity is serious enough to trivialize the monastic experience of God. 658 / Review for Religious, September-October, 1986 3. Being set apart from the world in order to be part of the world. The monastic dynamic always requires an appropriate withdrawal from the world. This being set apart from the world can never become an end in itself, nor an uncaring protection from the world. Should such a lack of concern develop, the monastic life would have lost that apostolic commitment to this world which is essential to all Christian discipleship. But for the monastic heart, it is precisely through being set apart from the world that a care and concern for the world grows and is appropriately expressed. This monastic withdrawal from the world can serve as a reminder for all disciples of Jesus. "If you belonged to the world, the world would love its own; but the reason that the world hates you is that you do not belong to the world for I chose you out of the world" (Jn 15:19). These words of Jesus profess a type of separation from the world without which serious Christian discipleship can never be possible. The monastic separation from the world-- never meant to be a frightened disinterest, but rather a sharing in God's passionate care for this world--serves as a reminder of Jesus' words for every Christian disciple. This monastic separation from the world is expressed in many different ways. Some monasteries are situated literally out in the middle of nowhere. Others are situated in the midst of an inner city, still crumbling or now being redeveloped. Sometimes the monastic person is set apart from the world in a small, simple apartment-hermitage. Especially in experimentation after Vatican II, monastic women and men have rediscovered that the cloister of the heart contemplatively fascinated in God is the central issue, much more than any grilles and cloistered spaces. And yet, unless there is an appropriate external separation from the world, the monastic heart will be distracted and become trivialized in its simple contemplative focus on God. 4. Stability, solitude and peace figure prominently in the monastic life. From the outset, in discussing the importance of each of these three qual-ities in the monastic life, key distinction must be made between the quality considered as a profound inner reality of heart and as an external expression of that same interior reality. When stability is viewed as a profound, inner quality of heart, it typifies and would be expected of any mature believer-- and not just of the monastic person. Interior stability, as dependability and responsibility before God, always entails the refined sensitivity which dis-tinguishes God's word of true love from the many other seductive words of apparent and fallacious love heard at times within the human heart. This inner stability and refined insight comprise the core of faith maturity and, therefore, would be at the very heart of both monastic and active apostolic lifestyles. Two Apostolic Lifestyles / 659 But there is an appropriate external expression of this inner stability of heart that typifies the monastic lifestyle and not the active. Vowed stability in a monastic congregation, though surely a profound reality of heart in all the members, also unites them in this specific place with a communal bond that facilitates their ongoing search together into God. This kind of external stability, while stimulating profound communal experience of God in the monastic life, obviously interferes with the mobility of the active life. To appreciate the necessary role of solitude in the monastic life, the same distinction must be applied. A regular experience of solitude alone with and in God is another sign of every mature believer, whether called to the monas-tic or the active life. Without such experience of God in solitude, we remain superficial and immature, in our experience of life, ourselves and God. One of the dangers that could weaken the Church's ministry today, especially in the active form, is the situation in which active apostles become too busy for regular prayer in solitude--with the result that their faith becomes immature, superficial and indecisive. But for the monastic heart there must be an appropriate external expression and atmosphere of quiet solitude if one is to maintain a live witness within the Church of an inner solitude with God, a nourishment for which all our hearts year9 and are made. In a similar fashion, peace, as a deep inner quality of heart, is Jesus' gift to every serious disciple. Beyond this mature, inner experience of Jesus' peace, the monastic apostolic lifestyle also provides an external expression and atmosphere of peace, without the disruption and distraction of the active lifestyle. This distinction between inner quaiity of heart and external expression is very helpful in describing both the overlapping and the distinctiveness of these two apostolic lifestyles. I will make use of it later in describing the active style of being apostolic. 5. The apostolate of formal prayer is most typical of monastic spirituafity. The formal prayer of the Liturgy of the Hours and the Eucharist and of individual contemplation is the chief and primary apostolate or ministry of the monastic heart. No other secondary ministry should be practiced except insofar as it relates to and does not interfere with the monastic life of con-templation alone with God. To blur or confuse this ministerial primacy of formal prayer could, once again, trivialize the monastic experience of God. The monastic heart always senses a salvific radiation emanating from its contemplative adventure alone in God. 6. Importance of physical presence in the formation of monastic community. Christian community is usually easier to define than to live. Wherever 660 / Review for Religious, September-October, 1986 it occurs, it is a union of minds and hearts primarily focused by a shared faith vision. Though many other elements, like similar age, training and interests, may facilitate union of minds and hearts, nothing is more important than a genuinely corporate faith vision regularly experienced and appropri-ately expressed. In the monastic style of Christian community, physical pres-ence, often in silence, plays a very important role in developing and maintaining the unity deriving from a corporate faith vision. A physical togetherness in prayer, reading, eating, sleeping and recreating are further aspects of the monastic dynamic at work in human hearts--and they are not unimportant ones in the living of monastic community. The Active Apostolic Dynamic Contrasted with the monastic, the active apostolic lifestyle is rooted in a different dynamic in the heart, and it also takes a different expression. This difference becomes obvious in the first of the six aspects that I will now describe. 1. Ministry is the primary determining influence. Vatican II, when describing this active dynamic in terms of religious life, speaks of communities in which "the very nature of the religious life requires apostolic action and services.''4 When this active charism is given either to a whole community or to an individual believer, it is ministerial involvement, rather than formal prayer, that determines the contours and the schedule of daily life. This is an important but very subtle point, which requires further eluci-dation, lest it be seriously misunderstood. To give primacy of influence to ministry is not meant to deny the absolute importance of quiet contemplation for the active apostle. Henri Nouwen states clearly the importance of formal prayer for ministry when he says: "If the minister wants to minister 'In the Name' he must live in the Name and speak and act from there.''5 Without mature prayer, mature ministry just is not possible. To deepen their regular contemplative experience is a great challenge today for active apostles, so busy and fatigued with responding to our modern world's needs. Let me be firm and clear in asserting this radical importance of formal prayer for the busy minister. The point to be stressed here, while not denying the importance of regular prayer, concerns the influence that ministry has on the whole makeup of the active life. The legitimate demands of ministry form the schedule of the day. When people enter a new ministry, with the intention of maintaining a past set time for private prayer which now will clearly interfere with availability for the new ministry, this violates the dynamic of the active apostolic charism. Two Apostolic Lifestyles / 661 To have a schedule of formal prayer already in place before entering into the new ministerial situation is backwards for active apostles. Rather, they must first insert themselves into the new ministry and get an honest sense of its reasonable demands. Only then can their conviction about regular contemplation determine the specifics of when, where and how long they should pray each day. That there be regular contemplation is beyond doubt, regardless of ministry. But the determination of the specifics of regular contemplation depends upon the demands of the new ministry. For the active apostle, ministry, then, while not a substitute for regular contemplation, is the primary determining influence in this whole way of life. 2. Flexibility for change is central. Because busy ministry and service of others is essential to active spiritu-ality, a regular routine scheduled around formal prayer is not possible. A flexibility of heart and spirit is called for, in order to respond to the challenges and needs of a world so often in great upheaval and unrest. The earlier distinction between a profound reality of the heart and its external expression is important here again. Flexibility of heart is not some-thing that only active apostles know. A profound inner flexibility of spirit makes possible genuine docility to the spontaneity of the Holy Spirit--and is always a sign of spiritual maturity, both for monastic and for active people. Responsible involvement in complicated and unsettled situations, something not usual in monastic life, calls forth in the active apostle a distinctive external expression and practice of this mature flexibility of heart. The struggle and anguish involved in much of our response to Vatican II reveals how hard it is to change a routine and how prone many of us are to find our security in a rather rigid routine rather than in a faithfully loving God. As indicated above I believe that a routine is not only healthy, but necessary for living out the monastic charism. But, while a certain routine is necessary for all human life, the active apostle must always resist the escape into an overly monastic routine and must learn to trust the gift of flexibility that is always part of the active apostolic dynamic in the Church. 3. Ability discerningly to find, be with and serve God in all activity. Someone in a busy, active life can become very scattered and distracted. One's attention almost constantly flits from one thing to another. One's energy and concern are poured out in one situation after another. Drained and running, one loses a sense of focus, of unity and maybe even of funda-mental meaning. As life gets more and more hectic and chaotic, burnout of body and spirit sets in. Review for Religious, September-October, 1986 Moments of special religious experience in formal prayer cannot, all by themselves, stem the tide of this heightening discouragement and tension. More than regular formal prayer is needed. Despite a great desire for unity and integration, human consciousness is capable, often without being aware of it, of various compartmentalizations. One of these is the split between formal prayer and the activity of life. In such a split, the surge of religious experience in private prayer ebbs in the face of all the busy activity of the rest of the day. The frantic, frenetic business of the day often calls forth and reveals in the apostle little sense of God. Private prayer is stubbornly main-tained in an attempt to keep religious experience alive. But such an ebb and flow of religious experience actually saps the apostle's energy and finally fails in accomplishing the desired integration in which all the activity of a day contributes to, rather than interferes with, a person's unifying religious experience. The proper balance of regular prayer and discerning involvement in the business of everyday can simplify and purify the focus and commitment of a heart so that the compartmentalized split of human experience into sacred and secular is gradually healed in a unity whereby all human experience bbc0mes religious--and finds God. In my own opinion, this is the greatest challenge still facing active apostolic spirituality. Often, past religious for-mation produced a compartmentalized relationship between prayer and activ-ity. Religious formation, in many ways, is still struggling to help active apostles find the proper interior integration that facilitates, and actually makes possible, the religious experience of finding, being with and serving God in all activity. Active apostles need a reflective sensitivity, in order to recognize the subtle but real difference between a selfish manipulation of others that finds self and a generously humble service of others that finds God. Only a genuine experience of the intimacy of God's love as beyond all other love and inviting a radical abandonment of self in love to God, together with a rigorously careful discernment of inner affective experiences, can make possible a human, loving presence that finds God in all activity and dealings with others. Vatican 11 makes a similar claim when it says that, for com-munities in religious life whose very nature requires apostolic action and services, "their entire apostolic activity should be animated by a religious spirit.''~ 4. Mobility and apostolic availability are key in active spirituality. Because mission and active ministry are so central to the active apostolic dynamic, mobility of body and spirit are important. Any rigidity in a person can interfere with the fruitfulness of this charism. In an active religious corn- Two Apostolic Lifestyles / 663 munity, the members come together precisely in order to be sent out on specific ministries, each of which shares in God's mission of salvation in Jesus. Any stubborn selfishness or immature insecurity will always corrode that mobility for mission which should characterize active spirituality. Apostolic availability is a readiness of spirit born of a freedom radically fascinated with a loving God's faithful commitment to us. Because of the inevitable limitation of human weakness and sinfulness, this freedom never perdures perfectly in a human heart. It must be won and received again and again. But the more this precious freedom grows in a human heart or in a whole congregation the more an availability of spirit allows the person or congregation to be thoroughly committed to a present ministry, but always with a readiness for wherever God's love may lead in the future. 5. The prayer of the apostolate is most typical of active spirituafity. The phrase that typifies monastic spirituality is reversed here. Granting, once again, the absolute value of regular contemplation in any serious spiritual life, the typical and more important prayer of the active apostle is a distinctively prayerful presence in and through all activity. This is related to. the third element above, i.e. the need to find, be with and serve God in all activity. The prayer of the apostolate should not be misunderstood as that claim and practice that many of us struggled with through the 1960s and 1970s: "my work is my prayer." Most of us now know the heresy.of such a claim, even though active apostles who would not want to profess an identification of work and prayer can still easily be pressured into living such a heresy. We have learned again over recent years that for no one does work become prayer, unless that person regularly stops working--and prays. So the prayer of the apostolate does not mean any simpliste identification of work and prayer. Rather the prayer of the apostolate involves two mutual and integral movements. The first is an appropriate, regular involvement in contempla-tion, which gradually spills over and renders pi'ayerful everything the person does, says and is. The second is an involvement in activity which stirs a desire for, and sometimes provides the subject matter of, formal contemplation in private. As one grows faithful and sensitive to these two movements, a pres-ence in all activity develops which is prayerful--a presence which is the Spirit of God praying and which reveals those clear signs of the Spirit mentioned in chapter five of Galatians. ¯ 6. A unity of mind and heart extending far beyond physical presence. Whereas the corporate faith vision of those sharing the monastic charism 664 / Review for Religious, September-October, 1986 requires much physical presence with one another, the active apostolic dynamic, because its very nature requires apostolic action and services, does not depend as much on the physical presence of the members to each other. It can foster a union of minds and hearts among members missioned all over the world in various ministries. Obviously, this corporate bond is not auto-matic. It is not the effect of any one person's fiat. It cannot be something superficially external. Rather, a unity rooted deeply in the hearts of all mem-bers will always require a profound attitude of heart on the part of each member, a distinctive type of missioning process and the careful practice of certain human, symbolic means. To say that the active charism depends less on the physical presence of the members than the monastic does certainly does not mean that physical presence can be simply disregarded in active communities. It is inhuman to imagine that members of a local live-in community, whatever the size, can develop a union of minds and hearts if they never gather together in quality physical presence. However, without disregarding the need for some such physical presence, we must not conceive the communitarian dimension Of the active charism according to monastic norms. Many active congregations today continue to struggle in local communities with how much physical presence of all members and what quality of presence of each is needed if there is to be a genuine, faith union of minds and hearts. If this struggle is not better resolved soon, increasing numbers of active religious, caught in the tension between involvement in an exciting ministry and the boring frustration of no shared vision in the local community, may well find celibacy too heavy a burden to bear alone. The De-monasticizing of Active Religious Life As religious have seriously responded to Vatican II's invitation to return to "the original inspiration" behind their own institute, a greater realization of the clear distinction between the differing and graced dynamics of the monastic and active has grown among us. In the wake of this growing clarity there also comes the realization that in the past we have not always respected this distinction with enough care. A major part of the renewal of religious life, therefore, has involved the de-monasticizing of institutes which were, in their founding, and which should, with greater fidelity over the years have continued to be, actively apostolic rather than monastic. This de-monasticizing process has not been easy. Mistakes have occurred. At times, inevitably, overreaction has set in. And many individuals have experienced great personal anguish in the midst of the confusion and turmoil of critiquing and of chang-ing, through experiment, revered and long-standing practices. But this process, although most painful, was unavoidable. To avoid it Two Apostolic Lifestyles / 665 would have been as serious a refusal as to violate the reverent d~cility due the Spirit of God who invites us to be faithful to the genuine, graced identity of our religious institute. In the past twenty years much headway has been made in realigning the fundamental conception, formation programs, ministerial practices and daily living of communities according to their rediscovered, original identity. Though the process is surely not finished, we are presently involved, appropriately enough, in a period of careful assessment of the fruits of this renewal process.7 A successful evaluation can help us to sift the precious wheat of fidelity to the essentials of religious life, as incarnated in appropriate contemporary expressions of the original founding charism, from the deceptive (though often attractive!) weeds of contemporary develop-ments that either destroy a necessary continuity of identity or shortsightedly try to defend older forms, which are now, and ought to be, simply dead. Vatican II reminds us of the importance of fidelity to the unique charism and identity of each religious community. "It serves the best interests of the Church for communities to have their own special character and purpose."s In line with this directive Thomas Merton cautions us against confusing the monastic and active dynamic: "The monastic life must not be evaluated in terms of active religious life, and the monastic orders should not be equated with other religious institutes, clerical or otherwise. The monastic community does not exist for the sake of any apostolic or educational work, even as a secondary end. The works of the monk are not justified by their external results but only by their relevance to his monastic life alone with God.''9 In conclusion, let me point to three results of respecting the clear dis-tinction between the active and monastic dynamic. First, we must be careful how we make use of the Liturgy of the Hours. In the monastic community the Liturgy of the Hours is a primary determinant and focus of the whole day, at which the physical presence of all is expected. In the active commu-nity, a regular communal prayer besides th.e Eucharist seems necessary. Some use of the Liturgy of the Hours may serve as an appropriate regular com-munity prayer. On the other hand, some other type of communal prayer may better serve a particular community. If something o.f the Liturgy of the Hours is used, it should not become a primary determinant and focus of schedule, to the detriment of the members' ministerial involvement. So, depending on the size and variety of the local community, the physical presence of all members is neither expected nor possible. However, the active community would be deficient in its unified faith vision if each member did not share the same desire to pray together regularly--which desire would always take expression in physical presence, except for ministerial reasons. But for an active community to use the Liturgy of the Hours in a monastic fashion would be to violate its God-given charism. 666 / Review for Religious, September-October, 1986 Second, members of active communities cannot avoid a natural monas-ticizing tendency as they get older. As the biological breakdown of old age sets in, religious become less and less active, they settle into a much more regularized pattern, and the apostolate of prayer becomes more predominant in their daily lives. If we are careful of certain presuppositions, this natural monasticizing tendency will not necessarily violate the active apostolic nature of a community. But the older members, whose lifestyle is now understand-ably more monastic, must not claim that this monastic lifestyle is the genuine identity of the whole congregation. Another subtle change of attitude could be entailed here. If a section of the motherhouse is located where many of the older, retired sisters are living, then naturally the style and schedule of life for that part of the house will be more monastic--as it should be. However, we must then be careful .that this more monastic schedule and style not be idolized as typical for all other houses of the congregation, an image that motherhouses often in the past have projected. Such a misunderstanding would be a serious interference with the unity and ministerial effectiveness of the whole congregation. In fact, it can be downright demoralizing and dis-torting for younger members. Furthermore, though these older members are much more inactive than earlier in their lives, they must be helped to keep the active zeal and concerns of their hearts alive and peacefully integrated with their bodily inactivity. These older members must also have a live sense of the ministry of old age and retirement. They must be helped to realize how valuable and necessary for the whole congregation's ministerial effectiveness is their own ministry of prayer and sacrifice. So often older religious think they have retired from ministry. I cannot stress enough the need for the elderly, and for everyone, to realize that while the aged and the sick must humbly retire from active involvement they never retire from ministry. The final and most important ministry is dying. If these concerns are not forgotten, then the natural monasticizing tendency of old age 'will not interfere with the active, apostolic nature of a religious community. Third, in the long history of women's religious congregations, for various historical reasons which are beyond my simple point here, the Church has had great difficulty in recognizing the active charism at work in the hearts of various foundresses. Angela Merici, Mary Ward, Marguerite Bourgeoys and Louise de Marillac and their followers are but a very few examples of the suffering this confusion has caused. In some ways the Church still continues to struggle today with this issue of more fully acknowledging and facilitating the active charism within communities of women religious. It is very clear that the Church's welcoming approval of valid contemporary forms of active spirituality among women religious--and without imposing any additional, Two Apostolic Lifestyles / 667 illegitimate, monastic expectations-- will enormously enrich God's mission of justice and love in our world. This article has described two different charisms, two different apostolic lifestyles, the active and the monastic. The Spirit of God has created and kept these two charisms alive in the Church. In a recent talk to the American bishops Michael Buckley, S.J., summarized the treatment of charism in the document "Directives for Mutual Relations Between Bishops and Religious in the Church": "Charism always involves three factors: It is an enabling gift of the Spirit which so conforms the recipients to Christ that they build the Church.''~° Three things, then: a gift of the Spirit, intimacy with Jesus, for the sake of the Church. As we come to appreciate further the active and monastic lifestyles in the Church, it is the hope of this writer that we will not confuse or corrupt these different charisms, but cooperate with what God intends, through them, for the unity of the Church, the holiness of its members and the service of a faith-filled justice in our world. Paul's words to the Corinthians both confirm and stimulate our hope: There is a variety of gifts but always the same Spirit; there are all sorts of service to be done, but always to the same Lord; working in all sorts of differ-ent ways in different people, it is the same God who is working in all of them. The particular way in which the Spirit is given to each person is for a good purpose (1 Co 12:4-7). NOTES ~They Speak By Silence, a Carthusian (Huntington, Indiana: Our Sunday Visitor Inc.), p.3. 2One Pace Beyond--The Life of Nano Nagle, M. Raphael Consedine, P.B.V.M., (Moorabbin, Victoria: L.R. McKinnon & Co., 1977), p. 7. 3As a result of their study of the document "Essential Elements in the Church's Teach-ing on Religious Life as Applied to Institutes Dedicated to Works of the Apostolate," Franciscans are investigating and proposing the evangelical life as the best description of their charism. It remains to be seen whether this evangelical life is a third type of spirituality different from what I am calling the monastic and the active, whether it is its own unique blend of the active and monastic, or whether it is a particular version of an active spirituality. 668 / Review for Religious, September-October, 1986 4Vatican 11, "Decree on the Appropriate Renewal of the Religious Life," #8. 5Soul Friend, Kenneth Leech, (San Francisco: Harper and Row, 1977), p. viii. 6Vatican II, "Decree on the Appropriate Renewal of Religious Life," #8. 7See my two articles "Assessing and Choosing Even as the Journey Continues," REVIEW FOR RELIGIOUS, March/April 1984, and "Come Let Us Talk This Over: Issues in Spirituality, 1985," Part 1, 'REVIEW FOR RELIGIOUS, July/August 1985, and Part II, REVIEW FOR RELIGIOUS, September/October 1985. 8Vatican II, "Decree on the Appropriate Renewal of the Religious Life," #2. 9The Monastic Journey, T. Merton, (New York: Image, 1978), p. 213. ~°See "The Charism and Identity of Religious Life," REVIEW FOR RELIGIOUS, September/ October 1985, p. 661. From Tablet to Heart: Internalizing New Constitutions I and II Address: by Patricia Spillane, M.S. C. Price: $1.25 per copy, plus postage. Review for Religious Rm 428 3601 Lindell Blvd. St. Louis, Missouri 63108 Canonical Considerations of Autonomy and Hierarchical Structure Elizabeth McDonough, O.P. Sister McDonough is an Assistant Professor in the Department of Canon Law at The Catholic University of America (Washington, DC 20064). This article is based on a presen-tation she made to the LCWR convention in New Orleans last September. In the Middle Ages--from the grips of which many people suspect canon law has never been freed--canonical discipline was known as "practical theo-logy." That is, it was not a separate science as it is today, with specialized formulators, practitioners, codifiers and interpreters. What people did on a regular basis became operative norms of action. By authoritative interven-tion or by custom these operative norms of action eventually became recog-nized as laws in the technical sense of the Aristotelian/Thomistic construct, that is: An ordinance of reason formulated and promulgated by one charged with care of the common good. At that point in time the reasonableness of the norm, the intelligence of the individual, and each person's freedom of choice were paramount. Also in the Middle Ages--from the grips of which many people like-wise suspect religious life has never been freed--the ancient monastic and recently discovered mendicant ideas of religious life held sway. By that time the former was already highly clericalized, feudally land-based, rather well-off, and subject to frequent reforms. The latter was a new notion capitalizing on mobility, the development of towns, the discovery of trade, the rise of universities, and renewed lay piety. It, too, soon became rather clericalized; comfortably land-based, economically well-off, and in need of frequent reforms. 669 670 / Review for Religious, September-October, 1986 Nearly three centuries later at the time of Trentmfrom the grips of which most people are quite certain canon law and religious life have not been freed--canonical science was heavily influenced by nominalism, voluntarism, legalism and emerging casuistry. At that point in time the reasonableness of the norm, the intelligence of the individual, and one's freedom of choice were no longer paramount. The then recognized forms of religious life were suffering badly from the mediocrity and compromise and half measures that commonly accompany the waning of initial fervor, the dissipation of energies, the loss of resources, the monotony of the ordinary, the discovery of personal interpretation, and the sometimes misplaced convenience of dis-pensation, exception and privilege. Similarly, all of society was in flux: notions of political power, emerging nations, methods of warfare, forms of communication, frontiers of exploration, monetary systems, philosophical reasoning, theological conclusions, and ecclesiastical structures all experienced incredible upheavals and alterations. And in the midst of this social and ecclesial melange, the desperately needed "new idea" of apostolic religious life was conceived by Angela Merici, Ignatius Loyola, Mary Ward, Louise de Marillac and Jane de Chantal. These charismatic individuals were fol-lowed in a few centuries by Catherine McAuley and many others. Perhaps it was a failure of imagination on the part of the ecclesiastical establishment that perpetuated the ancient, cloistered, monastic model in theological reasoning and canonical practice for women religious. But reli-gious life itself simply continued to develop. Eighty percent of the religious groups ever founded became established between Trent and the twentieth century, and non-cloistered, non-solemnly vowed, apostolic religious life for women was finally universally recognized, but not until 1900. Canon law-- retaining some remnant of its medieval ',practical theology" identity--could not ignore the reality of the "new idea" in religious life forever, although recognition came rather slowly by our standards. Relating to the Present But what precisely is the connection of all this with the topic at hand, namely "Canonical Considerations of Self-Determination, Just Autonomy and Hierarchical Structure"? The connection is this: At the moment recog-nized forms of religious life are suffering badly from the mediocrity and compromise and half measures that commonly accompany the waning of initial fervor, the dissipation of energies, the loss of resources, the monotony of the ordinary, the discovery of personal interpretation, and the sometimes misplaced convenience of dispensation, exception and privilege. Similarly, at the present time all of society is in flux: notions of political power, emerg-ing nations, methods of warfare, forms of communication, frontiers of explo- Canonical Considerations / (171 ration, monetary systems, philosophical reasoning, theological conclusions, and ecclesiastical structures are all experiencing incredible upheavals and alterations. We are clearly in a post-conciliar era incredibly comparable to the late Middle Ages and to post-Tridentine times. In the midst of this social and ecclesial melange, religious life is again in need--perhaps desperately in need--of yet another "new idea." But those of us who are currently members of established communities, more than likely, are not the bearers of this desperately "new idea." At best we are perhaps--or certainly have the opportunity to be--artisans of a transition. And with proper understand-ing and use, this writer contends that canon law can be a great aid in this transition. Fostering a Transition To illustrate the transitional role of contemporary religious institutes, let us for a moment take the medieval methodological approach of canon law as "practical theology" and look at what current "theology in practice" in the 1983 code suggests about this life we call "religious." To begin, the new law talks about life: an identifiable form of life, a substantive form of life, a stable form of life. It speaks of a life clearly understood and freely chosen: a life of following Christ, a life of total dedication to God. It con-siders this life a particular state in the Church undertaken by profession of the evangelical counsels and lived in accord with the supreme law of the Gospel as expressed in the proper law of one's institute. It is a life involving some fixed organizational structures, certain obligations and rights, various spiritual exercises, some restrictions on personal and apostolic activities, numerous clear procedures for admission and departure, and a public con-nection to the local and universal Church. From the point of view of "practical theology" the new code requires proper law specification in seventy-four out of the one hundred fifty-three canons that apply to religious institutes. In other words, in nearly half of the canons concerning religious, the institute itself must or may determine specific elements of the life of its members, both individually and collectively. Thus, widespread distinctions in practice are not excluded by the universal law requirements for common life, identifiable superiors, necessary forma-tion, apostolic limitations, departure procedures, and the like. The prin-ciple of subsidiarity is canonically incorporated in the new code, and opportunities for practical variations are amply provided. How well or to what extent these are utilized depends entirely on one's proper law. Proper-law revision, or the writing of constitutions, as experienced during the last two decades in the life of religious institutes has been no easy task, however. In some instances the process was carried out in an ambience of 672 / Review for Religious, September-October, 1986 internal polarization that fomented contentions among members as each retreated to his or her corner courageously defending the truth for the sake of God. In other instances the formulation of an institute's truly representa-tive legislation was complicated by a certain lack of contemporaneity in institutional and hierarchical Church structures themselves. Nevertheless, these difficulties do not negate the fact that it is precisely the revision of proper-law wherein lies the opportunity for institutes to incorporate new ideas and new experiences of religious life. Good proper-law revision allows them to accomplish this without having to shoulder the burden of being the initiators or receivers of the desperately needed "new idea" mentioned above. Moreover, incorporating new ideas and experiences in proper-law to the greatest extent possible now, can help pave the way for later canonical acceptance of other, newer ideas and experiences, however long that may take. Institutionalizing Charisms Backtracking momentarily before going on, let us note that the phrase "new idea" is entirely inadequate. Ideas have consequences, but they are not the only realities that have consequences. And religious life is never primarily or merely an idea, an intellectual endeavor. It is a gift of the Spirit to, in, and through the Church. Charisms are like seeds planted in particularly fertile soil in a specific historical context. They are shaped and reshaped by the exigencies of history, by the fortunes and misfortunes of the passage of time. They are nourished and grow and evolve in the context of everyday life with everyday people--interspersed here and there by those we happily refer to as "saints" (while being equally happy we never had to live with them). Charisms are never captured in constitutions or any collection of fundamental and secondary documents. Charisms live in people or they do not live at all. Legal norms, on the other hand, are externally formulated and externally measurable. They can never totally express internal motivation. Thus, the basic import of any constitutions and any collection of fundamental and secondary documents is not merely their juridical perspective and canoni-cal determination. The legal heritage of an institute, capturing as best it can the articulated charism, is always conditioned by the emerging values of real life as experienced by those inspired to embrace the charism. People are, you see, an undeniably important element of the canonical system. On another level, the institutional Church, which in some form or another has been with us for nearly two millennia, must itself occasionally reach out and embrace a genuinely new charism. In such instances the ecclesial structure must fracture its preset boundaries, redefine its established cate-gories, and reorient its institutional life in order to incorporate, that is, take Canonical Considerations / 673 into its structures, a new breath of the Spirit. This reaching out and embracing a charism has probably happened only three times in Church history: for Benedictine monasticism, medieval mendicancy, and post-reformation apostolic orders. In each instance, institutional embracing of the new charism occurred quite slowly, required numerous adjustments and experienced set-backs over the years. The time may very well be ripe for another institutional embracing of truly new charisms of consecrated life in the Church. If so, this too will occur slowly, require adjustments, and experience setbacks. And, if history can offer us any objective insights regarding the process and its effects, one might be cautioned to note that once the institutional Church reaches out and embraces a genuinely new charism, the rest of the story is that of the charism's institutionalization. It is simply a matter of time and human nature: initial ideals are eventually dimmed or forgotten; initial fervor is slowly chilled or lost; initial Gospel goals are gradually subordinated to preservation of the new institution. Suffice it to say that the readers of this article are, more likely than not, part of already established, already institutionalized charisms and, as such, are not the first wave of any new movement in religious life. Limiting Self-Determination and Autonomy The parameters of ecclesial embrace and the exigencies of historical evolu-tion are the primary limiting factors in the "self-determination"aspect of any religious founder or foundress, of any religious institute. Self-determina-tion is never absolute. It has always been far from so for religious life, and still is. But this is also the case, for example, regarding members of the Christian faithful in general. In the new code all Christians are entitled to form associations (c. 215). All Christians should lead holy lives and promote the building up of the Church (c. 210). All Christians have the right and duty to work towards announcing the Gospel of :salvation (c. 211) and to undertake apostolic activi-ties (c. 216). But no Christians are obliged in any way to seek official recog-nition for these :activities in 'any canonical form unless they choose to do them in the name of the Church '(c.301,). And no Christian is obliged in any way to choose any form of consecrated life (c. 573 §2). Yet the self-determination of any Christian (which is never absolute to begin with) is quite circumscribed and channeled--limited, if you will--by either of the above choices once made. As individuals we cannot be both teachers and nurses at the same time. As communities we cannot be both monastic and apostolic at the same time. As institutes we cannot be both Ursuline and Franciscan at the same time. Thus, in an era that prefers to deal with "both/and," we are sometimes faced with an inevitable "either/or" because 674 / Review for Religious, September-October, 1986 no self-determination is absolute. Similarly the "just autonomy" of any institute is always and only to be considered within the context of ecclesial embrace and historical evolu-tion. Philosophically speaking, autonomy refers to freedom from external control and censure. It guarantees room for action and reflection without disruption, but it includes necessary coordination in reference to the whole. Nevertheless, any auto nomos, from the Greek to be self-normed, is funda-mentally limited by creation and redemption: by our realistic situation of being creatures in an ambience of and affected by evil. As individuals we have from the start only limited independence that remains always relative: so, too, with religious institutes in the Church. Appreciating the Role of Obligation Here it may be important to digress somewhat to consider the bias that supports the current canonical system. It is a philosophical/theological con-struct characterized by valuing status, common good and obligation. This is so in contrast to more recent philosophical/theological constructs character-ized by valuing human dignity, individual advantage and personal rights. Neither need be mutually exclusive of, or in direct contradiction to, the other. But both have often appeared so. Even with the advances of the last few centuries and the affirmations of recent popes and the articulations of Vatican Council II, the former con-struct is the one that clearly underlies the new law. In the new code, the communal context of "status" constantly qualifies any affirmations of equality in dignity. In it, the common good--perceived as a set of conditions enabling the attainment of reasonable objectives for the sake of which individuals have decided to collaborate--is clearly prior to independent, indi-vidual advantage. In it, rights are subordinate to and conditioned upon duties intrinsic to the Gospel and to our social nature. In it, the protection of rights is for the sake of fuller participation in one's evangelical and social obliga-tions. And in it, patriarchal paradigms and male-dominated linear images still predominate. But what of the alternative constructs? What of, for example, the philosophical and theological mind-set that emerges from the social contract and human rights theories of Hobbes, Locke and Rousseau? These are to a great extent the basis of our constitutional republic and the foundation of American civil law and jurisprudence. Prescinding from their equally patriarchal paradigms and male-dominated linear images, note that social-contract and human-rights theories appear to posit the pristine existence of free, independent but highly vulnerable individuals willing to ransom a portion of personal autonomy for collective security. Rights are the "playing Canonical Considerations / 675 cards" or the "poker chips" of the barter: some cannot be relinquished (these are termed "inalienable"); others can be relinquished but can also be recalled (in breach of contract). It may appear, at times, that the institu-tional Church would be much better off with a healthy dose of American civil liberties incorporated into its legal system: with a civil rights basis; with non-hierarchical checks and balances; with protection by administrative pro-cedures; with guarantees of prior notification, due process, provision for counsel, and the like. And, for the most part, this is probably not only an accurate observation but also a viable possibility and partial reality. Witness, for instance, the numerous appeals boards and administrative tribunals that already exist in many religious institutes and dioceses to complement the heavily hierarchical Church system. Indeed, it is clear that these two systems are not, and need not be considered, contradictory or mutually exclusive. Nevertheless, there is a significant difference between the Medieval and Enlightenment mind-sets, and the difference is crucial for ecclesiastical law and especially for religious institutes. Social-contract and human-rights con-structs, while very affirming of life and dignity in theory, are singularly inept at guaranteeing life and dignity to the individual from the community in practice. This is because one finds in them no legal locus of obligation. They are based, if you will, on the implicit myth that somewhere there exists a Utopian world of perfectly free humans who have no alienated or usurped rights and who experience no unresolved conflicts, individually or collectively. Reality is not quite so Utopian. So, for example, in the American social-contract/ human-rights systems, suppose you are .walking over a bridge beneath which there is someone in the water drowning. Note that, even though the drowning person has affirmed rights to life, education, suitable housing, equal-opportunity employment, a just wage, and more, there is absolutely no civil-law focus of obligation for anyone to come to his or her aid. This is not to say there is no moral obligati?n to come tothe person's aid, but there is no legal one. In fact, the legal system--because of numerous possibilities for litigation--at times seems even to militate against fulfillment of one's moral obligations in such situations. And note that we are not discussing here the medical/moral/legal subtleties of prenatal life or of the terminally ill. We simply have a recognizably fully alive human being with numerous affirmed rights who ends up quite dead because of lack of legal obligation in the system itself. In sharp contrast, the Aristotelian/Thomistic system of law, and even further back the Judaic/Talmudic system of law, are based primarily on obligations: common, mutual, reciprocal obligations that arise from a cor-porate experience. The Hebrew, the Christian, the religious is chosen-- passive voice--be it at Sinai, through the Last Supper, or by a call to conse- 676 / Review for Religious, September-October, 1986 crated life. We are chosen. This is not to suggest that we, therefore, have no responsibilities; but rather, to highlight the fact that the initiative is God's. Only the response is ours. Thus it is the beginning of our system's notion of legal obligation that becomes the crucial difference in the end.~ We do not begin by bartering away any pristine "rights." We receive a gift, with consequences. The legal constructs of our lives relate to divine events in and through which everything necessary for the eternal salvation of everyone for all ages has somehow already been given, in some sense even commanded. They are the same divine events in and through which we have freely assumed personal perpetual obligations. And they provide for an amazing absence of Utopian myths. For there is in salvation history ample evidence of human failure, outright betrayal, personal and collective infidelity, repeated digressions, and an uncanny unwillingness to live up to our part of the bargain. In contrast, on the part of God, there is ample evidence of long-suffering patience, relentless forgiveness and unswerving fidelity to the promise of mercy. Moreover, if we do not read the Gospel too selectively, even after having done everything expected, you and I have no basic right or even a distant claim to any reward whatsoever, although we are assured in the end of attaining the greatest possible goal. Situating Obligation in Hierarchical Structures The importance of proper law--the law that obtains for one's own insti-tute- has already been mentioned in regard to fostering the current transition in the paradigms of religious life. Proper law is also crucial to any element of self-determination and just autonomy within the Church's hierarchical structure. And the central element of ecclesiastical proper law, as well as ecclesiastical universal law, is the locus of incumbent obligation. This is what gives our laws content and objectivity for assuring the protection of values and the exercise of rights, even if these values and rights are not directly named as such. In fact, whether or not the values and rights are actually named in the law is of minimal importance. Perhaps at this point an example is in order. There is an ancient principle of Roman Law which states: Where there is a right, there is a remedy (Ubi ius, ibi remedium). It is in the logical contrapositive that we more readily recognize the truth of the principle, namely: If there is no remedy to be found for violation of an affirmed right, there is really no right at all. With this in mind, let us proceed to the example. It is an example not taken from ttie~ law for religious so that the content will not distract from the point intend~dl. Chnon 22'1! §'2',of~ the 1983 code states: If the Christian faithful are sum- Canonical Considerations / 677 moned to judgment by c6mpetent authority, they have the right to be judged in accord with the prescriptions of law applied with equity. It sounds wonder-ful. But what is there to guarantee that this will, indeed, be the case? The answer: incumbent obligations and opportunities to insist on their fulfill-ment as provided in the canons on judicial procedures. °The affirmed right of c. 221 §2 can be vindicated because all tribunal personnel must take an oath that they will fulfill their functions properly and faithfully (c. 1454). All tribunal personnel must disqualify themselves from involvement in cases concerning: (1) persons with whom they have a first-cousin or closer relationship, (2) persons for whom they are guardians or trustees~ (3) persons with whom they have a close friendship or for whom they feel a great animosity, as well as (4) those instances in which they desire to make a profit or avoid some loss (c. 1448). And if the tribunal personnel do not disqualify themselves, the parties in the case can lodge an objection (c. 1229) to which the court must attend before the trial can continue (c. 1451). All tribunal personnel are forbidden to accept any gifts whatsoever for the performance of their duties (c. 1456). And any tribunal personnel are subject to penalties, including loss of office, if they refuse to deal with a case for which they are competent, or attempt to deal with a case for which they are not competent, or violate the law of secrecy, or inflict damage on the parties out of malice or serious negligence (c. 1457). In other words, these procedural canons--specifying as they do the legal locus of obligations and providing the opportunity to insist that the obliga-tions be fulfilled--are really what give canonical force to c. 221 §2. But the point is this: These canons, albeit with different numbers, were also in the former code. The affirmation of current c. 221 §2 was not. How much this newly affirmed "right" would mean without these related obligations is questionable, for indeed: If there is no remedy, there is really no right. And how much this newly incorporated right actually adds to the related, already long-standing procedures still remains to be seen. All the foregoing in norway intends to ignore the fact that. even in the best of legal systems incumbent obligations can upon occasion be observed primarily in the breach. The intention is, rather, to provide a clear under-standing of the importance of obligations in the Church's legal system in order to investigate more meaningfully the numerous obligations contained in the canons concerning religious institutes. Religious Institutes and Obligations To begin our discussion, as well as to illustrate the complexity of the: interrelationships among canons, let us consider thosecanons contaii~ed under the title "Obligations and Rights of Institutes and of their Members,." cc. 678 / Review for Religious, September-October, 1986 662-672. As often as one might comb the (official Latin) text of the canons, there is not one strict right (ius) to be found. But at this point in the presenta-tion, such a discovery should be no great surprise: It is the locus of incumbent obligation, not the affirmation of rights, that is the substantive base for our legal system. Moreover, listed in these canons there are numerous obliga-tions from which it is clear that what other legal systems call "rights" will be respected even though not mentioned by name. To pursue the practical content of obligations/rights in the code as related to self-determination, just autonomy and hierarchical structure, we will isolate one of the canons in this section and investigate its canonical consequences. Perhaps the most important obligation listed in this set of canons is that of c~ 670: Each institute must (debet) supply for its members all those things necessary for attaining the end of their vocation. The debet is canonically preceptive language. The subject, object, and matter of the obligation are, respectively, the institute, its members, and necessities. Proper law should certainly address itself to the objective meaning of "necessities," and the meaning should have some reference to what is justly judged so in an equit-able manner by competent authority within the norms, structures, and resources of a particular institute. There is some problem, to be sure, with relating mandated necessities to the end of one's vocation when that end ultimately transcends temporal realities and, thus, is effectively precluded from the possibility of practical evaluation. But consequences of the mandate in c. 670 are extensive and have already been addressed by canonists.2 At the very least, this obligation on the part of institutes is interpreted as requiring those in positions, of government to provide for, and as giving members a corresponding right to: (1) sound, complete, approved proper law, (2) structural provision for general chapters, superiors and councils, (3) systematic formation, (4) stable community life, (5) suitable options for apostolic action or internal work in accord with the institute's mission, and (6) appropriate material goods and .opportunities for ongoing health care, formation, work and renewal. Note that none of the mutual obligations/rights in this list are meaningful except as connected to a coherent legal system that can guarantee their fulfill-ment. And recall that in Church law the locus of incumbent obligation is what provides objective content and procedural safeguards for affirmed or unaffirmed rights. It is the locus of incumbent obligation that is the basis for whatever down-ward or lateral accountability might exist in our hierarchical system, which Canonical Considerations / 679 operates primarily on the intrinsic principle of upward accountability. That is, in fulfilling well the obligations it has towards its members (i.e., its down-ward accountability), any institute is also more than likely fulfilling its obliga-tions towards the other elements of the hierarchical structure (i.e., its lateral and upward accountability). Simply put, an institute cares for downward accountability by attending to the legal obligations it has towards its members. It does this by providing for at least the six categories mentioned as flowing from the requirement of c. 670. But in so doing the institute is not only protecting the rights of individual members. It is also establishing itself on a sound operational basis for relating to equivalent juridic persons, such as other religious institutes, in lateral accountability. And it is likewise con-tributing to its own just autonomy in the upward accountability of the insti-tute to higher authorities in the hierarchical structure. Thus, all of the mutual obligations/rights that derive from c. 670 are directly or indirectly related to the question of an institute's existence and just autonomy. But the motive for action and the locus of accountability in c. 670-- fulfilling obligations toward members--shift the focus for the institute from that of accepting the collective imposition of alien restrictions to that of guaranteeing the possible pursuance of someone's response to having been chosen. It is possible to approach this accountability from an entirely different perspective, namely: from the recog-nition of just autonomy for religious institutes in c. 586. Indeed, the result of beginning with c. 586 might even be somewhat similar, as will be seen in the next section. Yet the basis for action in the former approach is probably more canonically sound. Religious Institutes and Just Autonomy Canon 586 states that it belongs to local ordinaries to preserve and protect (servare ac tueri) the autonomy of each institute. In the same canon "just autonomy of life, especially of government" is recognized by universal law. The canon goes on to describe this "just autonomy" as that by which insti-tutes enjoy (gaudeant) their own discipline and have the power to pre~serve (servare valeant) their patrimony3 intact. The patrimony of an institute of consecrated life is described in c. 578 as the intention and purpose of the founders/foundresses, sanctioned by competent ecclesiastical authority, con-cerning the nature, end, spirit and character of the institute as well as its sound traditions. The canon adds that this patrimony is to be faithfully preserved (servanda est) by all. Elsewhere, in c. 631 § 1, the general chapter is given special responsibility both to protect (tueri) the institute's patrimony as described in c. 587 and to promote its appropriate renewal (accommodatam renovationem). Still elsewhere in c. 587 §1, institutes must (debent) incor-porate into their constitutions .whatever is established regarding their 680 / Review for Religious, September-October, 1986 patrimony in order to faithfully protect (ad. fide#us tuendam) the voca-tion and identity of their instutute. Another set of canons is also pertinent to the investigation at hand: cc. 675 §1, 611 #2, 677 §1, and 671. The first states that in apostolic institutes apostolic action is part of their very nature (ipsam eorundem naturam). The second states that a bishop's consent for canonical erection of a religious house includes the right (ius) to exercise the works proper to the institute according to the norm of law and within any restrictions contained in the consent. The third states that superiors and members of institutes should faithfully retain (fide#ter retineanO and prudently accommodate (prudenter accommodenO the mission and works of their institute. And the fourth states that members may not undertake pgsitions outside of those proper to the institute,without the permission of legitimate superiors. Both the language and the interplay of all these canons are significant. The patrimony of any institute, or, if you will, the meaningful heritage or expres-sion of its charism, is somehow to be contained in its proper law. Note that this is the same sound, complete, approved proper law to which membe~-s have a right by reason of the obligation in c. 670. And this patrimony is to be preserved by all--an unqualified and inclusive all--according to c. 578. Con-stitutions (c. 587), general chapters (c. 631), and local ordinaries (c. 586) are each required (using some form of the same Latin verb, tueor) to protect the institute's patrimony. Chapters have the responsibility to renew it (c. 631), while superiors and members have the ability to retain and accommodate certain aspects of it (c. 677). Now for the sake of example, let us suppose that an institute has been founded whose nature is apostolic, whose purpose is to practice the corporal works of mercy, whose spirit is non-monastic, and whose character, because of its purpose, is for the most part one of commitment to individual rather than to collective apostolates. Let us also suppose that the instutute is of pontifical right, that it has three canonically erected houses in three dioceses, and that its members are present in seven other dioceses in which the institute has n6 canonically erected houses. Finally, let us suppose that a member of this institute, with appropriate permission from internal authorities and fulfilling the norms of universal and proper law, is exercising an apostolate which the diocesan bishop does not wish this person to exercise in the diocese entrusted to his care. The stage is set, is it not, for the play of tensions commonly experienced between just autonomy and hierarchical structure? Without being facetious, let me suggest further that the script for this act of the play commonly has the religious entering stage left, the bishop entering stage right, and all defini-tive action coming Deus ex machina from above. The entire performance Canonical Considerations / 681 is usually viewed only through the opera glasses of a communications media well known for its ability to distort the factual while filling lacunae with unfounded conjecture. When the curtain falls, there are inevitable winners and losers, but who belongs to which category most often depends on where you were seated--center orchestra, third balcony, backstage, or in the wings. And usually the real issues have neither been well addressed nor even partially solved, while genuine Christian values, not to mention Christian people, have more than likely been forgotten or neglected or badly battered during the performance. As a canonist, this writer holds there are viable alternatives to the above scenario. For, if law does nothing else for us in the Church, it ought to at least be able to function as the impartial arbiter in cases of conflict. How well it can do this for cases such as the above, however, depends on how clearly and thoroughly obligations are both delineated in proper law and fulfilled by those responsible for them. But, to return to the case and the question at hand: Can the bishop prohibit the religious from exercising the apostolate in the diocese entrusted to his care? If you view it from the per-spective of the religious--to use familiar phraseologywthe "bad news" is that he probably can, because ultimately all religious are subject to the power of the bishop in apostolic works (c. 678 §1). The "good news" is that such a prohibition would be very difficult in some circumstances. Needless to say, if you are looking at this case from the vantage point of the bishop, the content of the answer is exactly the same: The prohibition is probably possible but possibly very difficult. The law, you see, is rather objective and can be an impartial arbiter in such matters, even though the "goodness" or "badness", attributed to the content would probably be reversed (and logically so) in the judgment of the bishop. Why is it probably possible but possibly very difficult for the bishop to forbid the religious from exercising an apostolate in the diocese entrusted to his care? The answer, to be canonically sound, requires a careful investi-gation of the canons previously mentioned. If the institute is an apostolic one, then apostolic works are part of its nature by law (c. 675). The nature of an institute as sanctioned by ecclesiastical authority is part of its patri-mony to be preserved°by all (c. 578) and contained in its constitutions (c. 587). The power to preserve this patrimony is part of an institute's legally recognized just autonomy of life, and local ordinaries are to preserve and protect this autonomy (c. 586). Regarding just autonomy of life, on the one hand, it cannot be restricted merely to internal matters or only to government. If autonomy is restricted to internal matters, then the understanding of religious life under universal law would be a dichotomized, compartmentalized one. The code takes great 682 / Review for Religious, September-October, 1986 pains to indicate that this is clearly not the case, and especially for the apostolic activity of apostolic institutes (cc. 662, 673, 675). Furthermore, if autonomy is restricted to the institute's internal government, then the just autonomy "especially of government" recognized in c. 586 is a meaningless phrase even canonically. On the other hand, if any apostolate is fundamental to an institute and if any autonomy in regard to this apostolate is to be recognized, then the apostolate must be clearly articulated in the institute's constitutions. If it is clearly articulated in the constitutions, and if the institute has a canon-cially erected house in the diocese, then this includes a strict right (ius) to exercise proper-law apostolate(s) of the institute from this house (c. 611 #2). Note, however, that while the institute has this right, each and every member of the institute is not necessarily free to exercise the right. Canonists do agree that, in granting consent for a religious house, a diocesan bishop can restrict some of the institute's activities for all of the members or all of the institute's activities for some of the members. But they also agree that he cannot restrict all of the institute's activities for all of the members. If he judges this extreme restriction necessary, he simply ought not to grant consent for establishing the house. Thus, in response to the case, if: - there is a constitutionally established apostolate - exercised by a member of the institute -~with proper internal permissions ~ according to universal law (i.e., legally) -. from a canonically established house -to which no general or specific apostolic restrictions have been attached, it would be very difficult for the bishop to prevent the religious from continuing the apostolic activity. The prohibition would not be impossible, however, because it is provided by c. 679, that if: - the bishop judges there is a most grave cause - after having referred the matter to the major superior - and if the major superior does not take appropriate action - the bishop can prohibit the religious from remaining in the diocese. But this action constitutes a penalty (c. 1327 §1) which means that -the procedure for application of penalties is to be followed (cc. 1341-1353) - no steps may be dispensed with (c. 87) 7 all wording must be interpreted strictly (c. 18) - the constitutions of the institute may not be violated (c. 1327 §1) and - the bishop must immediately inform the Holy See of his action (c. 679). Canonical Considerations / 683 Whence, the answer given above must contain an important qualification: The prohibition is probably possible but possibly very difficult only if the initial legal obligations regarding apostolate, houses and constitutions have been fulfilled by the institute to which the member belongs. But such is not usually the case, is it? For the most part situations arise in which it is clear that one or many of the above legal obligations have not been fulfilled and, consequently, the rights involved are not well protected. It often happens that the institute has no canonically erected house in the diocese. Then there is simply no right for the institute or any of its member to exercise any apostolate there. If they do so, they do so at the good will of the bishop who can subsequently forbid what he has previously permitted. The written agreements between diocesan bishops and competent superiors, which are now required by c. 681 when entrusting works to religious, might possibly give the religious a cause for civil-law action in the case of a breach of contract, but this could only occur if the agreements were poorly composed canonically in the first place. One might add that adhering to the require-ment for these written agreements, which are supposed to include the type of work involved, could possibly identify potential conflicts such as the above case in their incipient stages. It also often happens that a particular activity exercised by a religious is not mentioned--or at least not referred to in a specific enough manner--to definitively include it in the constitutionally approved elements of the insi-tute's apostolate. The competent internal authority by making a practical interpretation in the course of good government may judge that this specific activity is included within the constitutionally approved elements of its aposto-late. But if this practical interpretation is challenged and recourse is had to the competent external authority, the interpretation of the authority who approved the constitutions in the first place is the one that prevails. Another common occurrence is practical accommodation of an institute's mission and apostolic works by the superiors and members in accord with c. 677. An institute may adapt its apostolate from educating orphans, for instance, to educating Blacks or Hispanics. Or, again, an institute may relin-quish nursing in hospitals in order to serve in home-nursing ministries. Some-times these accommodations are not subsequently or accurately incorporated into one's constitutions by a general chapter. But legal affirmation of such adjustments is both the obligation and prerogative of general chapters accord-ing to c. 631. If general chapters do not fulfill their obligations by providing an adequate update of an institute's proper law, the "good news" and "bad news" for the religious will be rendered as mentioned above. Three other forms of apostolic accommodation are also common and can be far more problematic, namely: 684 / Review for Religious, September-October, 1986 (1) defining the institute's mission and apostolate in so generic a manner that almost any apostolic activity can be included in them, (2) including in the institute's mission and apostolate some activities that appear to be only indirectly connected with its patrimony, and (3) including in the institute's mission and apostolate those activities which relate closely to those prohibited for religious in universal law. It would be unrealistic--if not grandiose--to attempt a treatment here of the specifics of each of these instances, but all three can certainly be recog-nized as occasions for another play of tensions between just autonomy and hierarchical structure. In the process of approval of constitutions, competent ecclesiastical authorities often perceive these instances as fostering generic vagueness or minute inclusiveness or institutional challenges: Their response is usually to request or to mandate adjustments in wording and/or content. This is often viewed by the institutes both as a violation of their just auto-nomy and as a negation of their renewal experiences. There is no doubt that the attitudes of those involved in the dialogues concerning constitutional revision are crucial to the results. In the first case just suggested, there can be--but need not be--a real danger of dissipating an institute's resources by too extensive a diversification within a generic category, such as education or health care or social justice. In the second, there can be, but need not be, a noble attempt to "legitimize" the activity of every member, however diversified, by incorporating it by name into the institute,s proper law. In the third, there can be, but need not be, a genuine and necessary prophetic challenge to the gradually institutionalized: restrictions on Gospel imperatives. Whether competent authorities and reli-gious institutes approach these and similar situations from a stance of polari-zation and confrontation or from a stance of pluralism and constructive compromise alters the "flashpoint" of the matter involved. A "flashpoint" is the degree of flammability of combustible materials. Most readers will probably be aware that there have been many tenuous "flashpoints" approached and passed by the interaction of hierarchy and religious--as well as among religious themselves--throughout history. Such opposition and conflict, indeed, utter conflagrations at times, have been regrettable and are certainly not to be excused.4 But in the interaction of religious charism and ecclesial institution they will always be potentially present. Suggestions are sometimes made that religious institutes experiencing great charism/hierarchical tensions might opt for what is referred to as "non-canonical" status. Legally speaking "non-canonical" is a misnomer as well as an almost impossible option. Religious institutes are by law public juridic persons (c. 634, 116 §2). Canonical Considerations / 685 This means they automatically have a "canonical status" which can also be described as legal standing or public authentication within the ecclesial structure. This status is understood to guarantee the soundness of the insti-tute's charism and traditions, to empower the duly elected officers of the institute forgoverning, and to confer a mandate on the institute (and its members) for apostolic activities. It is quite clear in Church law that only the appropriate ecclesiastical authorities--namely, Diocesan ]~ishops or the Apostolic See--can erect religious institutes (cc. 576, 578-579, 589), can approve and accept the charisms of founders and foundresses (c. 578), and can officially interpret and moderate the practice of the evangelical counsels (c. 576). Any public juridic person in the Church is by law a "perpetual" entity and can be legitimately extinguished only by competent authority (c. 120 §1). The Apostolic See alone is able to suppress an institute of consecrated life once it has been canonically erected (c. 584). On the occasion of such sup-pression, the disposition of the goods of the institute, which are by law "ecclesiastical goods" (c. 1257), belongs to the Apostolic See (c. 584) unless the approved statutes of the public juridic person (i.e., the institute's proper law) provide otherwise (c. 123). Thus, the material possessions of any religious institute, as well as the final decisions regarding what is to be done with them, do not belong ultimately to the institute or to its members but to the institutional Church. Moreover, religious institutes are "collegial" public juridic persons (c. 115 §2) andas such continue to exist (unless suppressed) as long as there is one surviving member, upon whom all the rights and obliga-tions of the institute devolve (c. 120 §2). For two major reasons, therefore, it is not legally realistic for a religious institute as such to become "non-canonical" in response to the tensions experienced in the interplay of the institute's charism and hierarchical struc-tures: (1) suppression of a religious institute is difficult to accomplish and (2) truly non-canonical status is almost impossible to find. First, an institute does not have the authority to suppress itself; and it is rare that all members of an institute might opt for requesting suppression by the Apostolic See. If such were the case., however, the juridic person could totally cease to exist. But if even a few chose to remain and were allowed to do so, these few would then enjoy all the rights and assume all the obligations of the still existing original religious institute. The ecclesiastical goods of the institute would also be subject to the care and control of the remaining members according to Church law? In other words, the mem-bers of any religious institute cannot simply decide to self-destruct the juridic person and head off into the sunset, each fortified with his or her own "piece 686 / Review for Religious, September-October, 1986 of the (institutional) rock." Second, even if an institute were sup

This paper examines whether an expansion in the supply of public preschool crowds out private enrollment. The paper uses rich data for municipalities in Brazil from 2000 to 2006, where federal transfers to local governments change discontinuously with given population thresholds. The results from a regression-discontinuity design reveal that larger federal transfers lead to a significant expansion of local public preschool services, but show no evidence of crowding out of private enrollment. This finding is consistent with a theory in which households differ in their willingness to pay for preschool services, and private suppliers optimally adjust prices in response to an expansion of lower-quality, free-of-charge public supply.

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Central Asia, an area stretching from the Caspian Sea to Russia, China, Iran, and Afghanistan, has been firmly under Moscow's influence for several centuries due to Russian and Soviet conquest. However, as Russia has concentrated its attention and resources on the Ukraine war and China's economic engagement with Central Asia has deepened, Moscow's role in the region has diminished. Meanwhile, the region has grown in importance to the United States, first during the "Global War on Terror," when the United States established temporary bases (now closed) in Uzbekistan and Kyrgyzstan, and later as a source of natural resources, including oil and gas and rare-earth minerals. The changing dynamics of Russian, Chinese, and American engagement in Central Asia raise a critical question: What combination of great power involvement and Central Asian autonomy will best advance American interests and ensure stability in the region? As the region's most populous and influential player, Uzbekistan is the key to answering this question. Recognizing this, Washington has formed a strategic partnership with Uzbekistan. Recently, U.S. Assistant Secretary of State for South and Central Asian Affairs Donald Lu met with Uzbek officials last month to highlight mutual open channels of communication, aiming to boost trade and investment, specifically in energy and technology.U.S. policy toward Uzbekistan has made several missteps that compromise what could be a fruitful, limited partnership with Tashkent. The most significant of these blunders has been the relentless harping on Washington's commitment to Uzbekistan's "independence, sovereignty, and territorial integrity." Support for Central Asian sovereignty implies military assistance akin to the Regional Cooperation 22 military exercise, which took place in 2022 with Uzbekistan, Tajikistan, Kyrgyzstan, and Kazakhstan participating. These military activities in a region with a robust Russian security presence are dangerous and unnecessary. After Washington's proper decision to withdraw from Afghanistan, not only is Central Asia's relevance to U.S. national security relatively low, but Uzbekistan's chances of being invaded by Russia are slim, as Moscow continues to face difficulties in achieving maximalist goals in Ukraine.A better strategy for Washington is to allow Russia, Central Asia's historic security guarantor, to continue to play a security role in what Vladimir Putin calls Russia's "most stable region." There is little danger that Russia, already overstretched in Ukraine, will be capable of restoring its former dominance in Central Asia. But Russia helps to maintain regional stability through the Collective Security Treaty Organization (CSTO), encompassing its military allies Kazakhstan, Tajikistan, and Kyrgyzstan, all of which host Russian military bases. Deepening U.S. military involvement in Central Asia ruins Tashkent's attempts to balance regional actors, cooperate with the West, and not be stuck in the middle of great power competition. While military exercises between the United States and Uzbekistan may seem appealing to Tashkent in the short term, such practices will inevitably raise Moscow's threat perceptions and contribute to a higher degree of great power competition in the region. Rather than Washington viewing its relationship with Tashkent as an opportunity to expand militaristic influence in Russia's backyard, Uzbekistan should be considered by the United States as a regional facilitator and convenor, as Uzbekistan has acted as such in recent years. This would improve Uzbekistan's ability to counterbalance Russian and Chinese involvement and facilitate an equilibrium between great power actors in the region. After Uzbekistan's first president, Islam Karimov, died in 2016, Uzbekistan quickly mended ties with Tajikistan and its other neighbors, removing the greatest obstacle to regional cooperation. Under President Shavkat Mirziyoyev, who took power in 2016, Tashkent's foreign policy has been one that has strived for regional connectivity and cooperation. It has also sought to present Central Asia as a platform for multilateral cooperation to expand the region's economic, transport, and logistics potential.The desire for Central Asia to act as a transport and logistics hub has materialized through the "Middle Corridor," a trade route that spans the Central Asian steppe, the Caspian Sea, and the Caucasus Mountains. Amid a lack of viable alternatives, the Middle Corridor will only become more relevant as the geopolitical disruption of the Russo-Ukrainian War obstructs other trade routes like the "Northern Corridor" that flows through Russia. The Middle Corridor also facilitates the transport of Chinese goods to European consumer markets.Openness with regional great powers, including Russia and China, will be critical to the success of Central Asian connectivity projects. China's incentives for such transit projects are clear as they give Beijing more significant access to Western markets. On the surface, it may appear that Russia will disapprove of alternative trade routes. Still, these routes could be useful for Moscow in the future as the Middle Corridor has turned into a North-South logistic opportunity rather than a direct challenge to the Northern Corridor, with Turkey, Georgia, Azerbaijan, and Kazakhstan becoming critical corridors for Russia to reach international markets. Uzbekistan could continue to act as a regional facilitator to ensure openness among all parties.Unfortunately, legislation that was relevant to the Soviet Union is still inhibiting constructive cooperation with Uzbekistan. Uzbekistan, along with Kazakhstan and Tajikistan, is subject to the archaic, Soviet-era Jackson-Vanik Amendment, a law designed to punish the Soviet Union on Jewish immigration issues and other human rights. This legislation denies permanent trade relations with its targeted countries, including Kazakhstan, Tajikistan, and Uzbekistan.One could argue that independent Uzbekistan should be exempt from Jackson-Vanik because Tashkent is being penalized for the actions of the Soviet Union. Since Uzbekistan's independence, it has never repressed its Jewish population. Independent Uzbekistan has allowed its Jewish population to emigrate freely to destinations like Israel and the United States. Emigration from Uzbekistan to other countries has been mainly due to better economic opportunities elsewhere rather than oppression. Uzbekistan has a vibrant Jewish population that practices its religion openly and has access to Jewish schools and synagogues in Bukhara, the historical Jewish center of Uzbekistan, where Jews have lived for more than two thousand years.Additionally, the United States continues to punish Tashkent for its human rights record despite its improvements. For decades, the government of Uzbekistan, under President Karimov, forced adults and children to pick cotton under appalling conditions during the harvest season. However, under President Mirziyoyev, these forced labor policies were abolished, and Uzbekistani cotton is now 100% free from any allegations of forced labor. Despite the United States lifting sanctions on Uzbek cotton in 2019, Uzbekistan is still punished by being included under Jackson-Vanik.The United States has a valuable opportunity to contribute to peaceful, limited cooperation and expand economic opportunities in Central Asia. Abandoning militaristic activities, focusing on the transit of goods that serve the U.S. interest while maintaining openness with regional great powers, and discarding irrelevant legislation will be conducive to a productive relationship with Uzbekistan, a regional leader for years to come.

Daniel Raisbeck


Less than a year ago, I wrote of the almost certain regret that awaited the prosperous, urban, multiple‐​degree‐​holding types who voted for Gustavo Petro, Colombia's Chavista president. They thought they had supported a Nordic‐​style social democrat—failing to notice that they had helped to elect a tropical socialist who, given his past as a guerrilla group member and Hugo Chávez supporter, was also a potential autocrat. Caveat emptor (or rather suffragator) indeed. But I never thought that voter's remorse would set in so quickly. Or so extremely.
According to poll data from June 1, 2023, only 26 percent of Colombian citizens approved of Petro's performance as president. And this was before the scandal that shook the country's political scene last Sunday evening, when Semana magazine released a series of WhatsApp audio files sent by Armando Benedetti, Petro's former ambassador in Caracas, to Laura Sarabia, the president's former chief of staff.
Among the least bombastic revelations is Benedetti's claim that Alfonso Prada, Petro's former interior minister, "stole the whole ministry with his wife." This implies massive levels of corruption around Petro, who came to power with an anti‐​corruption agenda (quite cynically given his disreputable political alliances). Prada proceeded to sue Benedetti for libel.
Petro's dwindling number of supporters may dismiss this as a politician's petty slander against a rival in the cabinet. Far more concerning for them—and for Petro—is Benedetti's matter‐​of‐​fact assertion to Sarabia that he himself obtained COP $15 billion (around USD $3.58 million at today's exchange rate) for Petro's 2022 presidential campaign, during which he served as the former candidate's right‐​hand‐​man and main political handler. Petro's campaign did not officially report any donation nearly as large. Its declared funds consisted mostly a series of bank loans, which were meant to be paid with the "reimbursement" sum that the Colombian state guarantees to candidates for each vote received in an election.
In many countries, an insider's admission of how millions of undeclared dollars flowed into the president's campaign coffers would bring down the government. Alas, Colombia is not one of them. This is not due to a lack of unashamedly corrupt presidents; as I wrote recently in The Wall Street Journal, the opposite has been the case. Rather, since the 1950's, the Colombian elite's idiosyncratic approach to presidential corruption has followed the maxim, attributed to journalist Hernando Santos (1922–1999), that the trouble with overthrowing a president is that he may fall upon those doing the toppling.
Already in Petro's case, the three‐​member House of Representatives commission created to investigate Benedetti's statements includes two members of the president's own party. The enquiry will be a charade, which is a pity since the source of the undeclared campaign money is as important as the sum itself. In an interview, Benedetti told Semana that the money "did not come from entrepreneurs," meaning the legal business community. Suspicion has fallen on the Marxist guerrilla groups and other drug trafficking organizations, but also on the Venezuelan regime of Nicolás Maduro. Anonymous, the hacker group, claims that Maduro financed "part of the campaign of the current president of Colombia," but has not published evidence hitherto.
What is certain is that, in regional terms, the Maduro regime has been the principal beneficiary of Petro's election. To begin with, Colombia recognized Maduro's presidency after a three‐​and‐​a‐​half‐​year hiatus, and Petro himself has met Maduro four times since his inauguration. His government, which opposes any future hydrocarbon exploration in Colombia despite dwindling reserves, has promoted the idea of importing Venezuelan natural gas.
While Petro wages a political war against Colombia's key petroleum industry—crude oil has been the country's main legal export for decades—he lobbied President Joe Biden to end American sanctions against the Maduro regime. This would imply renewed Venezuelan oil exports to the U.S. market (even if socialism devastated Venezuela's oil industry well beyond immediate or even medium term repair). Petro's "shoot yourself in the foot / prosper‐​thy‐​neighbor" policy is devoid of any rationality. Unless, of course, Colombia's increasingly authoritarian president is somehow subject to the Venezuelan tyrant.
Petro's eco‐​fanatical crusade against the hydrocarbon industry is but one example of how his government is bent on destroying the few areas of the Colombian economy that are functional. Other examples include his plans to put the state in charge of centralized funding for the healthcare and pension systems, both of which are efficient—although certainly not perfect—thanks to private sector involvement and some degree of consumer choice. Where things are already problematic, Petro's policies would make them worse. For instance, he wants to make a rigid, overregulated labor market even less flexible and more hostile to businesses.
Then there is the matter of rising insecurity, an old problem that, until recently, appeared mostly solved, only to resurface dangerously in the last year. Under Petro, illegal armed groups have expanded their power as they launch constant, deadly attacks against the armed forces and police. It all brings to mind the dark era of the late 1990's, when Colombia was on the verge of becoming a failed state as it came under siege from the FARC guerrillas, which are still up in arms despite the much‐​touted "peace" agreement of 2016.
Usually, a crisis in government breeds economic instability. Under Colombia's current government, however, the opposite has been the case. Since the Benedetti scandal broke, the peso rallied to reach its highest value against the dollar since mid‐​2022, when Petro was about to win the presidential election. In October, two months after he took office, the peso reached an all‐​time low against the dollar. Amid the current political turmoil, forward‐​looking markets are anticipating the failure of Petro's legislative initiatives in health care, pensions, and labor law. Which is to say, there is speculation that Colombia's institutional framework has already survived Petro's statist onslaught. The weaker his position, the thinking goes, the less likely it is that non‐​leftist parties will lend him their support, which he needs to obtain congressional majorities.
I fear, however, that markets may be getting ahead of themselves. The Colombian congress is minimally ideological and highly transactional. There is still a good chance that, issue by issue, Petro's government can negotiate just enough votes to have his "reforms" approved, in which case only the courts will stand in the way of his agenda.
Not that Petro is respectful of any check or balance. This week, he propounded the theory that, since he was elected, his government represents "the will of the people," meaning that any opposition to his political project—including from the news media—is part of an illegitimate, "soft coup." The onslaught, in other words, is far from over.
In my view, the worst part about Petro's election victory is that, at this time last year, Colombia was in need of radical reforms. Above all, a chronically sluggish economy required budget discipline, public spending cuts, drastic debt reduction, a strong currency (ideally through dollarization), far lower taxes, labor market deregulation, subsoil privatization, school choice, and an end to non‐​tariff barriers. By electing Petro, however, voters decided to do precisely the opposite on all fronts. As warned, most already regret it.

Michael F. Cannon


Pharmaceutical giant Merck is suing Medicare, claiming new drug‐​pricing reforms that Congress enacted in last year's Inflation Reduction Act coerce the company into selling its wares to the program at below‐​market prices. In the Wall Street Journal, attorney Daniel Troy opines that the new rules violate the First and Fifth Amendments. Big, if true.
What's really happening here is that Merck is making tons of money off the taxpayers and wants to keep the gravy train rolling. So the company is offering whatever bad arguments it can to prevent any reductions in its Medicare subsidies.
First, a few preliminaries.
The price Medicare should pay for all medical goods and services is $0.00. Anything that moves the actual price in that direction is a good thing. Some argue that is a recipe for failing to hit the market price. But that gets it exactly backward. Pushing the Medicare price toward $0.00 is the only way to get market prices.
Medicare's administrative prices are government price‐​setting. But they are not coercive price controls. Providers are always free to walk away.
Every single time providers—and especially pharmaceutical companies—complain about Medicare "price controls," it is meritless rent‐​seeking. Because they amount they should be getting from Medicare is $0.00.
Merck argues, to the contrary, that it is not free to walk away. It claims Congress is forcing the company to sell to Medicare at a price to which the company does not consent. If Medicare is truly coercing Merck, that's bad, mkay? But it isn't.
Here's how the IRA's new process for setting Medicare drug prices works.
If Medicare selects a Merck drug for price negotiation, Merck has until October 1 to enter into an "agreement" to negotiate a "maximum fair price." Medicare's opening bid must be at least 25 percent less than the current price.
If Merck does not enter into an "agreement" by October 1, "a noncompliance period would begin" that could result in "excise tax liability" for Merck.
If Merck enters into an "agreement," it must sell the drug to Medicare at whatever price Medicare negotiates/​dictates or pay an "excise tax."
Merck may terminate the "agreement" for any reason, but the termination does not take effect until 11–23 months after Merck announces it. In the meantime, Merck must continue to sell the drug to Medicare at the price Medicare negotiated/​dictated.
Is this actual coercion? Is it a takings in violation of the Fifth Amendment, as Merck alleges? No. Merck is rent-seeking—and hoping its use of the right shibboleths will trick conservative and libertarian legal scholars into rallying to the company's cause.
First, Both Merck and the government are wrong to describe those "excise taxes" as taxes. Merck's own lawyers admit, "the excise tax is suspended if the manufacturer has no relationship with Medicare or Medicaid." Taxes are compulsory; these "taxes" are optional. Ergo, it's not a tax. The correct way to think of those payments is that Merck would be rebating to the government a portion of the subsidies it receives from taxpayers through Medicare and Medicaid. In essence, those rebates are an across‐​the‐​board reduction in the prices Medicare and Medicaid pay for Merck's products. No one is taxing Merck, just reducing their government subsidies.
Since those "excise taxes" are not taxes, the government is not compelling Merck to enter an "agreement." Merck is free to decline. If the resulting rebates Merck must pay mean its government "book of business" is unprofitable, it can walk away from federal health programs.
Not even the 23‐​month period that Merck would have to continue selling the drug to Medicare at the Merck‐​unfriendly price is coercive. Merck has received plenty of notice of that condition. Merck was aware of that provision as Congress debated the law in 2021. And when Congress passed it. And when President Biden signed it in August 2022. And when Medicare announced in March 2023 how it would be implementing these provisions. Merck has had and will continue to have plenty of opportunities to avoid those conditions. It could have avoided them at any time from when Congress began debating them in 2021 until now. It could avoid them today. It could avoid them by refusing to enter into an "agreement." At any of these points, Merck could avoid these conditions of Medicare participation without coercion.
What about the argument that threatening Merck with exclusion from government programs is effectively coercion because Medicare and Medicaid represent a yuge part of Merck's business? We can firmly reject this argument, too.
Is it coercion when people don't want to buy what you're selling at the price you're selling it? Were all those employers who didn't hire you coercing you? Do patients coerce hospitals when they switch to lower‐​price competitors? Then neither is this. Losing business hurts. But it's not coercion.
The fact that people would even think to equate Merck losing government business to coercion shows just how much government dominates health care in the United States. The fact that some people—including many limited‐​government conservatives—would rather let the government overpay than threaten Merck's profit margins is an example of how all that government domination introduces moral hazard into these decisions.
Since no part of this process is coercive, Merck's other claims of coercion (compelled speech, etc.) are also inaccurate.
In case we needed more evidence that Merck is just rent-seeking—that is, attempting to gouge taxpayers—the company describes the prices it currently receives from Medicare as reflecting "fair market value" and Medicare's current drug‐​pricing rules as "a free‐​market approach based on market‐​driven prices." Troy describes what Medicare pays as a "market price."
These are major tells. There are no market prices in the U.S. health sector. What Sherry Glied says of health care prices in general is especially true of Medicare prices: "There is no reason to believe that current prices provide incentives that reflect either underlying costs or consumer preferences." A good rule of thumb is that if an industry claims the price it receives from government reflects fair market value, that price is too high.
It is conceivable, though inadvisable, that federal courts might disagree with me. They may decide to impose notice requirements more stringent than common sense requires. They may choose to define what Congress is doing in this case as coercive. If so, those decisions would mark breathtaking opportunities for special interests to follow in Merck's footsteps by taking advantage of taxpayers.

According to the Law of Ukraine "On Amending the Constitution of Ukraine" from 07.02.2019 № 2680-VIII in determining the foundations of the domestic and foreign policy of our country, the implementation of the state strategic course towards obtaining full membership of Ukraine in the European Union and in the North Atlantic Treaty Organization is indicated. According to the defense reform of the Armed Forces of Ukraine, significant changes in the organizational and managerial work of the Military Medical Service have appeared. There are changes in the regulatory environment, the improvement and development of the medical support system of the Armed Forces of Ukraine in the direction of commonality and compatibility with the medical services of NATO member countries. Thus, the Military Medical Service of the Armed Forces of Ukraine works in a rich and dynamic informational background. Consequently, there is a need to streamline the regulatory framework for managing the medical supply of the Armed Forces of Ukraine, by systematizing the existing regulatory documents by their modern institutional foundations.Aim. To analyze the regulatory framework for managing the medical supply of the Armed Forces of Ukraine.Results. Currently, Ukraine has adopted a number of official documents containing requirements for the reception, registration, storage, issuance, transportation and repair of medical supplies, which are carried out by the military medical and units of the Armed Forces of Ukraine. Analyzed are the modern institutional foundations for managing medical support, which are presented as a set of formal (regulatory) acts of various levels, legal and by- laws, as well as informal norms relating specifically to the circulation of medical supplies of the Armed Forces of Ukraine. It has been established that the regulatory legal support for managing medical supply is represented by the requirements of formal (regulatory) acts of various levels – 44 %, and informal norms – 56 %.Conclusions. The analysis showed that achieving consistency in formal and informal norms in the field of medical supply management of the Armed Forces of Ukraine requires further improvement. Namely, in the direction of determining legal regimes and regulating the process of accepting medical supplies, using the Instructions on the procedure for accepting industrial products and consumer goods in quantity and quality, which are outdated and approved back in the days of the Soviet Union. However, given the experience of the Anti-Terrorist Operation and Joint Forces Operation the orders of the Ministry of Defense of Ukraine require processing to improve the functioning of the medical supply system for military units and medical units of the Ukrainian Armed Forces in a special period. ; Согласно закону Украины «О внесении изменений в Конституцию Украины» от 07.02.2019 г. № 2680-VIII, а именно пункта 5 части первой статьи 85 в определении основ внутренней и внешней политики нашей страны указана реализация стратегического курса государства на получение полноправного членства Украины в Европейском союзе и в Организации Североатлантического договора. Поэтому на современном этапе реформирования Вооруженных Сил (ВС) Украины в военно-медицинской службе происходит нормативно-правовое регулирование современной системы медицинского обеспечения, способной оказывать соответствующую медицинскую поддержку ВС Украины. Указанная система должна функционировать в соответствии со стандартами НАТО и вносить вклад в функционально совместимые медицинские возможности для совместных миссий Украины с Альянсом. Таким образом, учитывая процесс реформирования и внедрения единой системы логистического обеспечения ВС Украины, адаптированной к стандартам стран-членов НАТО, медицинская служба ВС Украины работает в насыщенном и динамичном информационном поле. Следовательно, возникает необходимость упорядочения нормативно-правовой базы по управлению медицинским снабжением ВС Украины путем систематизации действующих нормативно- правовых документов по их современным институциональным основам.Целью работы является проведение анализа нормативно-правового обеспечения управления медицинским снабжением ВС Украины.Результаты. В настоящее время в Украине принят ряд официальных документов, содержащих требования к приёму, учёту, хранению, выдаче, транспортировке и ремонту медицинского имущества, которые осуществляют учреждения и подразделения медицинского снабжения ВС Украины. Проанализированы современные институциональные основы управления медицинским снабжением, которые представлены как совокупность формальных (нормативно-правовых) актов различного уровня, законные и подзаконные, а также неформальных норм, касающихся конкретно обращения медицинского имущества ВС Украины. Установлено, что нормативно-правовое обеспечение управления медицинским снабжением представлено требованиями формальных (нормативно-правовых) актов различного уровня – 44 % и неформальных норм – 56 %.Выводы. Проведённый анализ показал, что достижения согласованности формальных и неформальных норм в сфере управления медицинским снабжением ВС Украины требуют дальнейшего усовершенствования, а именно: в направлении определения правовых режимов и регламентации процесса приёма медицинского имущества с использованием Инструкций про порядок приёма продукции производственно-технического назначения и товаров народного использования по количеству и качеству, которые устарели и были утверждены ещё во времена Советского Союза. Таким образом, указанные вопросы требуют надлежащего правового регулирования и обоснования. Вместе с тем, учитывая опыт проведения Антитеррористической операции и операции Объединённых сил, следует переработать приказы Министерства обороны Украины от 30.06.2015 г. №*2 и *3 для повышения эффективности функционирования системы медицинского снабжения воинских частей и медицинских подразделений ВС Украины в особый период. ; Згідно з законом України «Про внесення змін до Конституції України» від 07.02.2019 р. № 2680-VIII, а саме пункту 5 частини першої статті 85 у визначенні засад внутрішньої і зовнішньої політики нашої країни зазначено реалізацію стратегічного курсу держави на набуття повноправного членства України в Європейському Союзі та в Організації Північноатлантичного договору. Тому на сучасному етапі реформування Збройних Сил (ЗС) України у військово-медичній службі відбувається нормативно-правове врегулювання сучасної системи медичного забезпечення, спроможної надавати відповідну медичну підтримку ЗС України. Вказана система повинна функціонувати відповідно до стандартів НАТО і робити внесок у функціонально сумісні медичні можливості для спільних місій України з Альянсом. Таким чином, з огляду на процес реформування та впровадження єдиної системи логістичного забезпечення ЗС України, адаптованої до стандартів країн-членів НАТО, медична служба ЗС України працює в насиченому та динамічному інформаційному полі. Отже, виникає необхідність в упорядкуванні нормативно-правової бази щодо управління медичним постачанням в ЗС України шляхом систематизації діючих нормативно-правових документів щодо їх сучасних інституціональних основ.Метою дослідження є проведення аналізу нормативно-правового забезпечення управління медичним постачанням в ЗС України.Результати. На теперішній час в Україні прийнято низку офіційних документів, які містять вимоги до приймання, обліку, зберігання, видачі, транспортування та ремонту медичного майна, що здійснюють заклади та підрозділи медичного постачання ЗС України. Проаналізовані сучасні інституціональні основи управління медичним постачанням, які представлені як сукупність формальних (нормативно-правових) актів різного рівня, законні та підзаконні, а також неформальних норм, які стосуються конкретно обігу медичного майна в ЗС України. Встановлено, що нормативно-правове забезпечення управління медичним постачанням представлене вимогами формальних (нормативно-правових) актів різного рівня – 44 % та неформальних норм – 56 %.Висновки. Проведений аналіз показав, що досягнення узгодженості формальних і неформальних норм у сфері управління медичним постачанням ЗС України потребує подальшого вдосконалення, а саме: в напрямку визначення правових режимів та регламентації процесу приймання медичного майна з використанням Інструкцій про порядок приймання продукції виробничо-технічного призначення і товарів народного використання за кількістю та за якістю, які застаріли в часі та затверджені ще за часів Радянського Союзу. Таким чином, вказані питання потребують належного правового опрацювання та обґрунтування. Разом з тим, враховуючи досвід проведення Антитерористичної операції та операції Об'єднаних сил, потребують переопрацювання накази Міністерства оборони України від 30.06.2015 р. № *2 та *3 для підвищення ефективності функціонування системи медичного постачання військових частин та медичних підрозділів ЗС України на особливий період.

According to the Law of Ukraine "On Amending the Constitution of Ukraine" from 07.02.2019 № 2680-VIII in determining the foundations of the domestic and foreign policy of our country, the implementation of the state strategic course towards obtaining full membership of Ukraine in the European Union and in the North Atlantic Treaty Organization is indicated. According to the defense reform of the Armed Forces of Ukraine, significant changes in the organizational and managerial work of the Military Medical Service have appeared. There are changes in the regulatory environment, the improvement and development of the medical support system of the Armed Forces of Ukraine in the direction of commonality and compatibility with the medical services of NATO member countries. Thus, the Military Medical Service of the Armed Forces of Ukraine works in a rich and dynamic informational background. Consequently, there is a need to streamline the regulatory framework for managing the medical supply of the Armed Forces of Ukraine, by systematizing the existing regulatory documents by their modern institutional foundations.Aim. To analyze the regulatory framework for managing the medical supply of the Armed Forces of Ukraine.Results. Currently, Ukraine has adopted a number of official documents containing requirements for the reception, registration, storage, issuance, transportation and repair of medical supplies, which are carried out by the military medical and units of the Armed Forces of Ukraine. Analyzed are the modern institutional foundations for managing medical support, which are presented as a set of formal (regulatory) acts of various levels, legal and by- laws, as well as informal norms relating specifically to the circulation of medical supplies of the Armed Forces of Ukraine. It has been established that the regulatory legal support for managing medical supply is represented by the requirements of formal (regulatory) acts of various levels – 44 %, and informal norms – 56 %.Conclusions. The analysis showed that achieving consistency in formal and informal norms in the field of medical supply management of the Armed Forces of Ukraine requires further improvement. Namely, in the direction of determining legal regimes and regulating the process of accepting medical supplies, using the Instructions on the procedure for accepting industrial products and consumer goods in quantity and quality, which are outdated and approved back in the days of the Soviet Union. However, given the experience of the Anti-Terrorist Operation and Joint Forces Operation the orders of the Ministry of Defense of Ukraine require processing to improve the functioning of the medical supply system for military units and medical units of the Ukrainian Armed Forces in a special period. ; Согласно закону Украины «О внесении изменений в Конституцию Украины» от 07.02.2019 г. № 2680-VIII, а именно пункта 5 части первой статьи 85 в определении основ внутренней и внешней политики нашей страны указана реализация стратегического курса государства на получение полноправного членства Украины в Европейском союзе и в Организации Североатлантического договора. Поэтому на современном этапе реформирования Вооруженных Сил (ВС) Украины в военно-медицинской службе происходит нормативно-правовое регулирование современной системы медицинского обеспечения, способной оказывать соответствующую медицинскую поддержку ВС Украины. Указанная система должна функционировать в соответствии со стандартами НАТО и вносить вклад в функционально совместимые медицинские возможности для совместных миссий Украины с Альянсом. Таким образом, учитывая процесс реформирования и внедрения единой системы логистического обеспечения ВС Украины, адаптированной к стандартам стран-членов НАТО, медицинская служба ВС Украины работает в насыщенном и динамичном информационном поле. Следовательно, возникает необходимость упорядочения нормативно-правовой базы по управлению медицинским снабжением ВС Украины путем систематизации действующих нормативно- правовых документов по их современным институциональным основам.Целью работы является проведение анализа нормативно-правового обеспечения управления медицинским снабжением ВС Украины.Результаты. В настоящее время в Украине принят ряд официальных документов, содержащих требования к приёму, учёту, хранению, выдаче, транспортировке и ремонту медицинского имущества, которые осуществляют учреждения и подразделения медицинского снабжения ВС Украины. Проанализированы современные институциональные основы управления медицинским снабжением, которые представлены как совокупность формальных (нормативно-правовых) актов различного уровня, законные и подзаконные, а также неформальных норм, касающихся конкретно обращения медицинского имущества ВС Украины. Установлено, что нормативно-правовое обеспечение управления медицинским снабжением представлено требованиями формальных (нормативно-правовых) актов различного уровня – 44 % и неформальных норм – 56 %.Выводы. Проведённый анализ показал, что достижения согласованности формальных и неформальных норм в сфере управления медицинским снабжением ВС Украины требуют дальнейшего усовершенствования, а именно: в направлении определения правовых режимов и регламентации процесса приёма медицинского имущества с использованием Инструкций про порядок приёма продукции производственно-технического назначения и товаров народного использования по количеству и качеству, которые устарели и были утверждены ещё во времена Советского Союза. Таким образом, указанные вопросы требуют надлежащего правового регулирования и обоснования. Вместе с тем, учитывая опыт проведения Антитеррористической операции и операции Объединённых сил, следует переработать приказы Министерства обороны Украины от 30.06.2015 г. №*2 и *3 для повышения эффективности функционирования системы медицинского снабжения воинских частей и медицинских подразделений ВС Украины в особый период. ; Згідно з законом України «Про внесення змін до Конституції України» від 07.02.2019 р. № 2680-VIII, а саме пункту 5 частини першої статті 85 у визначенні засад внутрішньої і зовнішньої політики нашої країни зазначено реалізацію стратегічного курсу держави на набуття повноправного членства України в Європейському Союзі та в Організації Північноатлантичного договору. Тому на сучасному етапі реформування Збройних Сил (ЗС) України у військово-медичній службі відбувається нормативно-правове врегулювання сучасної системи медичного забезпечення, спроможної надавати відповідну медичну підтримку ЗС України. Вказана система повинна функціонувати відповідно до стандартів НАТО і робити внесок у функціонально сумісні медичні можливості для спільних місій України з Альянсом. Таким чином, з огляду на процес реформування та впровадження єдиної системи логістичного забезпечення ЗС України, адаптованої до стандартів країн-членів НАТО, медична служба ЗС України працює в насиченому та динамічному інформаційному полі. Отже, виникає необхідність в упорядкуванні нормативно-правової бази щодо управління медичним постачанням в ЗС України шляхом систематизації діючих нормативно-правових документів щодо їх сучасних інституціональних основ.Метою дослідження є проведення аналізу нормативно-правового забезпечення управління медичним постачанням в ЗС України.Результати. На теперішній час в Україні прийнято низку офіційних документів, які містять вимоги до приймання, обліку, зберігання, видачі, транспортування та ремонту медичного майна, що здійснюють заклади та підрозділи медичного постачання ЗС України. Проаналізовані сучасні інституціональні основи управління медичним постачанням, які представлені як сукупність формальних (нормативно-правових) актів різного рівня, законні та підзаконні, а також неформальних норм, які стосуються конкретно обігу медичного майна в ЗС України. Встановлено, що нормативно-правове забезпечення управління медичним постачанням представлене вимогами формальних (нормативно-правових) актів різного рівня – 44 % та неформальних норм – 56 %.Висновки. Проведений аналіз показав, що досягнення узгодженості формальних і неформальних норм у сфері управління медичним постачанням ЗС України потребує подальшого вдосконалення, а саме: в напрямку визначення правових режимів та регламентації процесу приймання медичного майна з використанням Інструкцій про порядок приймання продукції виробничо-технічного призначення і товарів народного використання за кількістю та за якістю, які застаріли в часі та затверджені ще за часів Радянського Союзу. Таким чином, вказані питання потребують належного правового опрацювання та обґрунтування. Разом з тим, враховуючи досвід проведення Антитерористичної операції та операції Об'єднаних сил, потребують переопрацювання накази Міністерства оборони України від 30.06.2015 р. № *2 та *3 для підвищення ефективності функціонування системи медичного постачання військових частин та медичних підрозділів ЗС України на особливий період.

According to the Law of Ukraine "On Amending the Constitution of Ukraine" from 07.02.2019 № 2680-VIII in determining the foundations of the domestic and foreign policy of our country, the implementation of the state strategic course towards obtaining full membership of Ukraine in the European Union and in the North Atlantic Treaty Organization is indicated. According to the defense reform of the Armed Forces of Ukraine, significant changes in the organizational and managerial work of the Military Medical Service have appeared. There are changes in the regulatory environment, the improvement and development of the medical support system of the Armed Forces of Ukraine in the direction of commonality and compatibility with the medical services of NATO member countries. Thus, the Military Medical Service of the Armed Forces of Ukraine works in a rich and dynamic informational background. Consequently, there is a need to streamline the regulatory framework for managing the medical supply of the Armed Forces of Ukraine, by systematizing the existing regulatory documents by their modern institutional foundations.Aim. To analyze the regulatory framework for managing the medical supply of the Armed Forces of Ukraine.Results. Currently, Ukraine has adopted a number of official documents containing requirements for the reception, registration, storage, issuance, transportation and repair of medical supplies, which are carried out by the military medical and units of the Armed Forces of Ukraine. Analyzed are the modern institutional foundations for managing medical support, which are presented as a set of formal (regulatory) acts of various levels, legal and by- laws, as well as informal norms relating specifically to the circulation of medical supplies of the Armed Forces of Ukraine. It has been established that the regulatory legal support for managing medical supply is represented by the requirements of formal (regulatory) acts of various levels – 44 %, and informal norms – 56 %.Conclusions. The analysis showed that achieving consistency in formal and informal norms in the field of medical supply management of the Armed Forces of Ukraine requires further improvement. Namely, in the direction of determining legal regimes and regulating the process of accepting medical supplies, using the Instructions on the procedure for accepting industrial products and consumer goods in quantity and quality, which are outdated and approved back in the days of the Soviet Union. However, given the experience of the Anti-Terrorist Operation and Joint Forces Operation the orders of the Ministry of Defense of Ukraine require processing to improve the functioning of the medical supply system for military units and medical units of the Ukrainian Armed Forces in a special period. ; Согласно закону Украины «О внесении изменений в Конституцию Украины» от 07.02.2019 г. № 2680-VIII, а именно пункта 5 части первой статьи 85 в определении основ внутренней и внешней политики нашей страны указана реализация стратегического курса государства на получение полноправного членства Украины в Европейском союзе и в Организации Североатлантического договора. Поэтому на современном этапе реформирования Вооруженных Сил (ВС) Украины в военно-медицинской службе происходит нормативно-правовое регулирование современной системы медицинского обеспечения, способной оказывать соответствующую медицинскую поддержку ВС Украины. Указанная система должна функционировать в соответствии со стандартами НАТО и вносить вклад в функционально совместимые медицинские возможности для совместных миссий Украины с Альянсом. Таким образом, учитывая процесс реформирования и внедрения единой системы логистического обеспечения ВС Украины, адаптированной к стандартам стран-членов НАТО, медицинская служба ВС Украины работает в насыщенном и динамичном информационном поле. Следовательно, возникает необходимость упорядочения нормативно-правовой базы по управлению медицинским снабжением ВС Украины путем систематизации действующих нормативно- правовых документов по их современным институциональным основам.Целью работы является проведение анализа нормативно-правового обеспечения управления медицинским снабжением ВС Украины.Результаты. В настоящее время в Украине принят ряд официальных документов, содержащих требования к приёму, учёту, хранению, выдаче, транспортировке и ремонту медицинского имущества, которые осуществляют учреждения и подразделения медицинского снабжения ВС Украины. Проанализированы современные институциональные основы управления медицинским снабжением, которые представлены как совокупность формальных (нормативно-правовых) актов различного уровня, законные и подзаконные, а также неформальных норм, касающихся конкретно обращения медицинского имущества ВС Украины. Установлено, что нормативно-правовое обеспечение управления медицинским снабжением представлено требованиями формальных (нормативно-правовых) актов различного уровня – 44 % и неформальных норм – 56 %.Выводы. Проведённый анализ показал, что достижения согласованности формальных и неформальных норм в сфере управления медицинским снабжением ВС Украины требуют дальнейшего усовершенствования, а именно: в направлении определения правовых режимов и регламентации процесса приёма медицинского имущества с использованием Инструкций про порядок приёма продукции производственно-технического назначения и товаров народного использования по количеству и качеству, которые устарели и были утверждены ещё во времена Советского Союза. Таким образом, указанные вопросы требуют надлежащего правового регулирования и обоснования. Вместе с тем, учитывая опыт проведения Антитеррористической операции и операции Объединённых сил, следует переработать приказы Министерства обороны Украины от 30.06.2015 г. №*2 и *3 для повышения эффективности функционирования системы медицинского снабжения воинских частей и медицинских подразделений ВС Украины в особый период. ; Згідно з законом України «Про внесення змін до Конституції України» від 07.02.2019 р. № 2680-VIII, а саме пункту 5 частини першої статті 85 у визначенні засад внутрішньої і зовнішньої політики нашої країни зазначено реалізацію стратегічного курсу держави на набуття повноправного членства України в Європейському Союзі та в Організації Північноатлантичного договору. Тому на сучасному етапі реформування Збройних Сил (ЗС) України у військово-медичній службі відбувається нормативно-правове врегулювання сучасної системи медичного забезпечення, спроможної надавати відповідну медичну підтримку ЗС України. Вказана система повинна функціонувати відповідно до стандартів НАТО і робити внесок у функціонально сумісні медичні можливості для спільних місій України з Альянсом. Таким чином, з огляду на процес реформування та впровадження єдиної системи логістичного забезпечення ЗС України, адаптованої до стандартів країн-членів НАТО, медична служба ЗС України працює в насиченому та динамічному інформаційному полі. Отже, виникає необхідність в упорядкуванні нормативно-правової бази щодо управління медичним постачанням в ЗС України шляхом систематизації діючих нормативно-правових документів щодо їх сучасних інституціональних основ.Метою дослідження є проведення аналізу нормативно-правового забезпечення управління медичним постачанням в ЗС України.Результати. На теперішній час в Україні прийнято низку офіційних документів, які містять вимоги до приймання, обліку, зберігання, видачі, транспортування та ремонту медичного майна, що здійснюють заклади та підрозділи медичного постачання ЗС України. Проаналізовані сучасні інституціональні основи управління медичним постачанням, які представлені як сукупність формальних (нормативно-правових) актів різного рівня, законні та підзаконні, а також неформальних норм, які стосуються конкретно обігу медичного майна в ЗС України. Встановлено, що нормативно-правове забезпечення управління медичним постачанням представлене вимогами формальних (нормативно-правових) актів різного рівня – 44 % та неформальних норм – 56 %.Висновки. Проведений аналіз показав, що досягнення узгодженості формальних і неформальних норм у сфері управління медичним постачанням ЗС України потребує подальшого вдосконалення, а саме: в напрямку визначення правових режимів та регламентації процесу приймання медичного майна з використанням Інструкцій про порядок приймання продукції виробничо-технічного призначення і товарів народного використання за кількістю та за якістю, які застаріли в часі та затверджені ще за часів Радянського Союзу. Таким чином, вказані питання потребують належного правового опрацювання та обґрунтування. Разом з тим, враховуючи досвід проведення Антитерористичної операції та операції Об'єднаних сил, потребують переопрацювання накази Міністерства оборони України від 30.06.2015 р. № *2 та *3 для підвищення ефективності функціонування системи медичного постачання військових частин та медичних підрозділів ЗС України на особливий період.

Progress in microelectronics has been mainly driven by informatics needs for addressing both increased performances and lower costs for processors and memories, according to the well-known Moore's Law. For many years, these tremendous progresses in silicon fabrication and integration have also contributed to the emergence of new type of devices, such as sensors, actuators, filters, clocks or imagers, forming a new class of devices called More than Moore. Uncooled infrared imaging, which uses thermal sensors belongs to this new class of devices. Today thermal sensors principally use a thin resistive layer (mainly vanadium dioxide or amorphous silicon) on a suspended membrane as a thermometer and are called microbolometers. The fabrication cost of thermal cameras has dramatically dropped over the last 20 years, while attaining performances close to the expensive cooled cameras. Nevertheless, the cost of these imagers still remains too high for consumer market (night driving, smartphones, home automation) whereas military applications (surveillance, personal googles) need improved resolutions – in an affordable camera. Therefore, one objective of the microbolometers industry roadmap is to scale down the sensor surface – the pixel pitch – in order to increase the number of imagers fabricated on a silicon wafer. Yet, the pixel pitch reduction goes necessarily with a reduction of the captured infrared power leading to a reduction of the sensor signal. As a consequence, the sensor sensitivity needs to be improved as the pixel pitch scales down. The resistive technology has managed this scaling so far, down to 17µm pixel pitch, allowing a densification of the sensors by a factor 4 every 5 years. Despite this success, the scaling has been recently slowed down, mostly because of microbolometers self-heating issue and 1/f noise which are inherent to the resistive transduction. Our work has focused on a new type of sensor at 12µm pixel pitch, which theoretically gets rid of self-heating and 1/f noise. In our approach, an absorbing plate is excited at its mechanical resonance through two tiny torsion arms using an actuation electrode placed 2µm underneath. Pixel motion is also transduced electrostatically. Since micromechanical resonators feature very low frequency noise, we believe that an uncooled infrared sensor based on the monitoring of its resonance frequency (which changes with temperature through the TCF) should be extremely sensitive. In our work, we present different models (linear and nonlinear) for the pixel mechanical behavior and compare them to experimental characterization of resonators which were fabricated in dense arrays, according to several designs. We measure the frequency stability of our sensors along with their sensitivity to infrared flux. The best devices show a resolution of 30pW/sqrt(Hz), with a response time lower than one millisecond. The scene resolution (NETD) is 2K for an integration time compatible with imaging frame rate. These performances overtake results previously published on this topic with such reduced pixel pitch. We show that a NETD of 20mK (with a response time of 10ms) is reachable at 12µm pixel pitch if we can address the following 3 challenges: a cointegration of the resonators with their electronics, a shared readout of several pixels in the imaging frame rate and an improved TCF by a factor 10. Therefore, we provide different methods in order to improve the TCF. Finally, we present different pixel designs at 5µm pixel pitch which show theoretical performances close to uncooled infrared imaging requirements (NETD=70mK and tau_th=8ms). An optical transduction may also be a new route toward even better signal to noise ratio at low pitch. ; Les progrès de la microélectronique, axés en premier lieu sur l'amélioration des performances et la réduction des coûts des processeurs et des mémoires, ont aussi bénéficié depuis de nombreuses années aux capteurs, à l'éclairage, aux actionneurs et autres technologies dites More than Moore. La détection infrarouge à l'aide de détecteurs thermiques fait partie de ces bénéficiaires. Les détecteurs thermiques actuels utilisent principalement une fine couche résistive (typiquement du dioxyde de vanadium ou du silicium amorphe) déposée sur une membrane suspendue comme thermomètre : ce sont les microbolomètres. Cette technique a permis de produire des caméras thermiques dont le coût de fabrication a drastiquement chuté avec des performances qui se rapprochent des détecteurs photoniques onéreux, fonctionnant à des températures cryogéniques. Néanmoins, le coût de ces imageurs reste encore excessif pour des applications grand public (conduite nocturne, smartphones, domotique) tandis que les applications militaires (surveillance, lunettes portatives) demandent des performances accrues dans un budget maîtrisé. Un des objectifs des industriels du domaine est donc de réduire la surface des détecteurs, le pas pixel, afin d'augmenter le nombre de rétines fabriquées sur une plaque de silicium. Néanmoins, la réduction de cette surface diminue de facto le flux infrarouge incident sur le pixel, et donc le signal. Il faut donc améliorer la sensibilité des détecteurs à chaque nouveau pas pixel. La technologie résistive, largement employée par l'industrie jusqu'à maintenant, se prêtait volontiers à cet exercice jusqu'au pas de 17 µm, permettant de densifier d'un facteur 4 le nombre de détecteurs tous les 5 ans. L'auto-échauffement lié à la lecture résistive et le bruit en 1/f sont les principales causes du ralentissement observé dans cette réduction des échelles ces dernières années. Nos travaux se sont focalisés sur un nouveau principe de détection au pas de 12 µm, fonctionnant avec un auto-échauffement minime. Dans cette approche, une planche suspendue est mise en résonance mécanique autour de deux bras ancrés subissant une torsion. L'actionnement et la détection électrostatique du mouvement de la membrane sont réalisés avec deux électrodes situés 2 µm sous la planche. La modification du module d'Young avec la température et les contraintes thermiques vont modifier la fréquence de résonance. Les résonateurs mécaniques étant peu bruités, le suivi cette fréquence de résonance doit permettre de réaliser des détecteurs thermiques performants. Le travail de thèse a consisté à concevoir, fabriquer et caractériser de tels pixels et à comparer cette technique aux détecteurs résistifs. Différents modèles (linéaire et nonlinéaire) du mouvement de la structure sont présentés et comparés aux caractérisations expérimentales de résonateurs fabriqués en réseaux denses, selon différentes variantes. Nous avons mesuré le bruit fréquentiel de nos détecteurs puis leur sensibilité à un flux infrarouge. Les meilleurs dispositifs montrent une limite de sensibilité de 30 pW/√Hz. Une résolution sur la scène (NETD) de 2 K est obtenu pour un temps d'intégration adapté au temps image. Ces performances sont inégalées pour un résonateur non refroidi à ces dimensions. Nous montrons qu'un NETD de 20 mK est atteignable au pas de 12 µm (pour un temps de réponse de 10 ms) en se focalisant sur 3 axes de recherche : une cointégration des résonateurs avec leur électronique de lecture, une acquisition plus précise du signal par un temps d'intégration adapté au temps image et l'amélioration de la sensibilité thermique (TCF) du résonateur d'un facteur 10. Pour ce dernier point, nous présentons des méthodes afin d'améliorer le TCF. Finalement, nous étudions des architectures de pixels au pas de 5 µm présentant des performances théoriques proches de celles requises par l'imagerie infrarouge (NETD=70 mK et τth=8 ms). Des perspectives de transductions tout optiques sont finalement évoquées.