Thursday, August 26, 2010

Anth/Soc 460: Women in developing countries

Spring 2006

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Weber and evolution of legitimate authority

Max Weber's view:

Weber helps answer questions like 'Why do we respect authority?' Why should we obey laws, for instance? Or why should women accept female circumcision and control by others over their sexuality as a rite of passage into womanhood? Weber would say that authority by force is expensive-much better to find other means to dominate. Yes, police and/or military can enforce laws and punish lawbreakers (we're not even broaching the subject of who gets to write the laws ... ), but that gets expensive at some point. Weber discusses three forms of legitimate authority that have been used by societies to maintain social order without resorting to violence. These are:

  1. Charismatic
  2. Rational-legal
  3. Traditional

Charismatic

Can you think of examples of states, companies, families that were held together by an individual with a charismatic personality? For example, Ghandi, the Jonestown cult in Guyana, the Ayatollah Khomeni and the 1979 Islamic Revolution in Iran. Other common examples might include a church minister/pastor/evangelist, university president, social activist (ML King, Malcolm X), military officer, police chief, etc.)?

Charismatic individuals can enjoy widespread legitimacy. But succession is often a problem. What happens when the individual dies/leaves? The 'trick' is for leaders to 'routinize' authority, to base the legitimacy ultimately on something besides personal charisma. This often doesn't work. Charismatic leaders can do great things--the 'benevolent dictator' comes to mind, although I can't think of any off hand. Jomo Kenyatta in Kenya began as a benevolent dictator, but his reign ended in corruption. At least the more notorious and well-known were psychopaths (Adolph Hitler from Nazi Germany, Joseph Stalin from Russia, Pol Pot from Cambodia, Idi Amin in Uganda, Jean Bedel Bokassa in the Central African Republic).

Rational-legal

This is based on impersonal rules, laws. Examples include countries' constitutions, by-laws of an institution, formal rules (e.g., the EOU handbook). The U.S. Constitution has been a source of enduring legitimacy--many other countries have had major constitutional crises that the U.S. has more or less avoided.

So how does rational-legal authority work? We all pretty much know what's legal and what's not, and most of us agree that when people break the law they deserve to be punished (this is not to say there is considerable disagreement about who wrote/writes the laws and who benefits most from them); ultimately, these laws may be backed up by force, but if the source of rational-legal authority is a powerful one, then the legitimacy it produces will diminish the need to ever use that force.

Who benefits from rational legal authority? Well, everyone presumably knows the rules, and can have some expectations of how they'll be applied; officeholders don't 'own' their offices, they're supposed to follow written rules and procedures that are generally public knowledge. Take the case of forced marriages in many parts of the developing world. One way to address this would be to pass legislation that made it illegal to force women to marry against their will. Then a key question becomes, does the culture consider this legitimate, or are their other, more widely recognized sources of authority? People in positions of legitimate power benefit, and often, especially in the third world, abuse this source of legitimacy to the point where government no longer has much credibility with people. They may obey out of fear, but often government officials are seen as hopelessly corruptible.

Who pays? Rational-legal authority is often symbolized by the impersonal bureaucracy, by red tape and mindless rules. In addition, it can lead to institutional discrimination. In cases such as the World Bank and World Trade Organization, these multilateral agencies have legitimacy with the powerful, wealthy countries, who are overrepresented, and can promote their agendas for free trade which seem to favor multinational corporations and economic globalization.

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Traditional

Traditional authority is, well, rooted in tradition. Another way of thinking about it is, 'this is the way it's always been done.' This is often the rationale behind cultural explanations and justifications people give (some women's support of female circumcision fits this explanation). An example of traditional authority comes from the monarchy, the alleged 'divine right of kings' (i.e., a king's right to rule is straight from God). And how could you ask for a much better claim to authority and legitimacy than that?? Gerontocracies are also examples of traditional authority (e.g., the elders hold the highest positions, based on the belief that elders hold great wisdom and knowledge).

Hopefully you can distinguish between these three forms of authority. In this case, there are no formal rules governing behavior, fealty, etc. There is no personality dominating the scene. Succession is not a problem. Patrilineal inheritance (through the male line) fits well here. Even matrilineal inheritance, though it's through the female line, ends up putting control in the hands of a woman's brother (who also exerts influence over her son(s).

Our interest is more with patriarchal authority. We've talked about how elder men often make the productive decisions in households, over how land, labor and capital will be used, and how income will be distributed. This is made easier still under patrilocal residence patterns, where married women go to live with their husbands' families.

Often times, traditional authority is based also in culture and religion. Many of the social movements involving women have centered around challenges to traditional authority and patriarchal control.

So . . . Is one form of legitimacy any better than another?? For women? What happens when two forms of legitimacy conflict (for instance, women might gain constitutional rights that ban forced marriages, but the practice may continue in rural areas, and most people may not even be aware of any changes to the law)?

Weber believed that there was an historical process toward rationalization. That is, when it comes to authority, that rational-legal bases for authority would become more important over time. We've seen the virtual disappearance of the monarchy and the rise of the nation-state. There are efforts to give women more constitutional protections, but as in the case of FGM, they haven't always been effective. They are probably necessary, but insufficient, as economists might say.

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Notre Charge Apostolique

"Our Apostolic Mandate"

Given by Pope Pius X to the French Bishops
August 15, 1910

Our Apostolic Mandate requires from Us that We watch over the purity of the Faith and the integrity of Catholic discipline. It requires from Us that We protect the faithful from evil and error; especially so when evil and error are presented in dynamic language which, concealing vague notions and ambiguous expressions with emotional and high-sounding words, is likely to set ablaze the hearts of men in pursuit of ideals which, whilst attractive, are nonetheless nefarious. Such were not so long ago the doctrines of the so-called philosophers of the 18th century, the doctrines of the Revolution and Liberalism which have been so often condemned; such are even today the theories of the Sillon which, under the glowing appearance of generosity, are all too often wanting in clarity, logic and truth. These theories do not belong to the Catholic or, for that matter, to the French Spirit.

We have long debated, Venerable Brethren, before We decided to solemnly and publicly speak Our mind on the Sillon. Only when your concern augmented Our own did We decide to do so. For We love, indeed, the valiant young people who fight under the Sillon's banner, and We deem them worthy of praise and admiration in many respects. We love their leaders, whom We are pleased to acknowledge as noble souls on a level above vulgar passions, and inspired with the noblest form of enthusiasm in their quest for goodness. You have seen, Venerable Brethren, how, imbued with a living realization of the brotherhood of men, and supported in their selfless efforts by their love of Jesus Christ and a strict observance of their religious duties, they sought out those who labor and suffer in order to set them on their feet again.

This was shortly after Our Predecessor Leo XIII of happy memory had issued his remarkable Encyclical on the condition of the working class. Speaking through her supreme leader, the Church had just poured out of the tenderness of her motherly love over the humble and the lowly, and it looked as though she was calling out for an ever growing number of people to labor for the restoration of order and justice in our uneasy society. Was it not opportune, then, for the leaders of the Sillon to come forward and place at the service of the Church their troops of young believers who could fulfill her wishes and her hopes? And, in fact, the Sillon did raise among the workers the standard of Jesus Christ, the symbol of salvation for peoples and nations. Nourishing its social action at the fountain of divine grace, it did impose a respect for religion upon the least willing groups, accustoming the ignorant and the impious to hearing the Word of God. And, not seldom, during public debates, stung by a question, or sarcasm, you saw them jumping to their feet and proudly proclaiming their faith in the face of a hostile audience. This was the heyday of the Sillon; its brighter side accounts for the encouragement, and tokens of approval, which the bishops and the Holy See gave liberally when this religious fervor was still obscuring the true nature of the Sillonist movement.

For it must be said, Venerable Brethren, that our expectations have been frustrated in large measure. The day came when perceptive observers could discern alarming trends within the Sillon; the Sillon was losing its way. Could it have been otherwise? Its leaders were young, full of enthusiasm and self-confidence. But they were not adequately equipped with historical knowledge, sound philosophy, and solid theology to tackle without danger the difficult social problems in which their work and their inclinations were involving them. They were not sufficiently equipped to be on their guard against the penetration of liberal and Protestant concepts on doctrine and obedience.

They were given no small measure of advice. Admonition came after the advice but, to Our sorrow, both advice and reproaches ran off the sheath of their elusive souls, and were of no avail. Things came to such a pass that We should be failing in Our duty if kept silence any longer. We owe the truth to Our dear sons of the Sillon who are carried away by their generous ardor along the path strewn with errors and dangers. We owe the truth to a large number of seminarists and priests who have been drawn away by the Sillon, if not from the authority, at least from the guidance and influence of the bishops. We owe it also to the Church in which the Sillon is sowing discord and whose interests it endangers.

In the first place We must take up sharply the pretension of the Sillon to escape the jurisdiction of ecclesiastical authority. Indeed, the leaders of the Sillon claim that they are working in a field which is not that of the Church; they claim that they are pursuing aims in the temporal order only and not those of the spiritual order; that the Sillonist is simply a Catholic devoted to the betterment of the working class and to democratic endeavors by drawing from the practice of his faith the energy for his selfless efforts. They claim that, neither more nor less than a Catholic craftsman, farmer, economist or politician, the Sillonist is subject to common standards of behavior, yet without being bound in a special manner by the authority of the Church.

To reply to these fallacies is only to easy; for whom will they make believe that the Catholic Sillonists, the priests and seminarists enrolled in their ranks have in sight in their social work, only the temporal interests of the working class? To maintain this, We think, would be an insult to them. The truth is that the Sillonist leaders are self-confessed and irrepressible idealists; they claim to regenerate the working class by first elevating the conscience of Man; they have a social doctrine, and they have religious and philosophical principles for the reconstruction of society upon new foundations; they have a particular conception of human dignity, freedom, justice and brotherhood; and, in an attempt to justify their social dreams, they put forward the Gospel, but interpreted in their own way; and what is even more serious, they call to witness Christ, but a diminished and distorted Christ. Further, they teach these ideas in their study groups, and inculcate them upon their friends, and they also introduce them into their working procedures. Therefore they are really professors of social, civic, and religious morals; and whatever modifications they may introduce in the organization of the Sillonist movement, we have the right to say that the aims of the Sillon, its character and its action belong to the field of morals which is the proper domain of the Church. In view of all this, the Sillonist are deceiving themselves when they believe that they are working in a field that lies outside the limits of Church authority and of its doctrinal and directive power.

Even if their doctrines were free from errors, it would still be a very serious breach of Catholic discipline to decline obstinately the direction of those who have received from heaven the mission to guide individuals and communities along the straight path of truth and goodness. But, as We have already said, the evil lies far deeper; the Sillon, carried away by an ill-conceived love for the weak, has fallen into error.

Indeed, the Sillon proposes to raise up and re-educate the working class. But in this respect the principles of Catholic doctrine have been defined, and the history of Christian civilization bears witness to their beneficent fruitfulness. Our Predecessor of happy memory re-affirmed them in masterly documents, and all Catholics dealing with social questions have the duty to study them and to keep them in mind. He taught, among other things, that “Christian Democracy must preserve the diversity of classes which is assuredly the attribute of a soundly constituted State, and it must seek to give human society the form and character which God, its Author, has imparted to it.” Our Predecessor denounced “A certain Democracy which goes so far in wickedness as to place sovereignty in the people and aims at the suppression of classes and their leveling down.” At the same time, Leo XIII laid down for Catholics a program of action, the only program capable of putting society back onto its centuries old Christian basis. But what have the leaders of the Sillon done? Not only have they adopted a program and teaching different from that of Leo XIII (which would be of itself a singularly audacious decision on the part of laymen thus taking up, concurrent with the Sovereign Pontiff, the role of director of social action in the Church); but they have openly rejected the program laid out by Leo XIII, and have adopted another which is diametrically opposed to it. Further, they reject the doctrine recalled by Leo XIII on the essential principles of society; they place authority in the people, or gradually suppress it and strive, as their ideal, to effect the leveling down of the classes. In opposition to Catholic doctrine, therefore, they are proceeding towards a condemned ideal.

We know well that they flatter themselves with the idea of raising human dignity and the discredited condition of the working class. We know that they wish to render just and perfect the labor laws and the relations between employers and employees, thus causing a more complete justice and a greater measure of charity to prevail upon earth, and causing also a profound and fruitful transformation in society by which mankind would make an undreamed-of progress. Certainly, We do not blame these efforts; they would be excellent in every respect if the Sillonist did not forget that a person’s progress consists in developing his natural abilities by fresh motivations; that it consists also in permitting these motivations to operate within the frame of, and in conformity with, the laws of human nature. But, on the contrary, by ignoring the laws governing human nature and by breaking the bounds within which they operate, the human person is lead, not toward progress, but towards death. This, nevertheless, is what they want to do with human society; they dream of changing its natural and traditional foundations; they dream of a Future City built on different principles, and they dare to proclaim these more fruitful and more beneficial than the principles upon which the present Christian City rests.

No, Venerable Brethren, We must repeat with the utmost energy in these times of social and intellectual anarchy when everyone takes it upon himself to teach as a teacher and lawmaker - the City cannot be built otherwise than as God has built it; society cannot be setup unless the Church lays the foundations and supervises the work; no, civilization is not something yet to be found, nor is the New City to be built on hazy notions; it has been in existence and still is: it is Christian civilization, it is the Catholic City. It has only to be set up and restored continually against the unremitting attacks of insane dreamers, rebels and miscreants. OMNIA INSTAURARE IN CHRISTO.

Now, lest We be accused of judging too hastily and with unjustified rigor the social doctrines of the Sillon, We wish to examine their essential points.

The Sillon has a praise-worthy concern for human dignity, but it understands human dignity in the manner of some philosophers, of whom the Church does not at all feel proud. The first condition of that dignity is liberty, but viewed in the sense that, except in religious matters, each man is autonomous. This is the basis principle from which the Sillon draws further conclusions: today the people are in tutelage under an authority distinct from themselves; they must liberate themselves: political emancipation. They are also dependent upon employers who own the means of production, exploit, oppress and degrade the workers; they must shake off the yoke: economic emancipation. Finally, they are ruled by a caste preponderance in the direction of affairs. The people must break away from this dominion: intellectual emancipation. The leveling-down of differences from this three-fold point of view will bring about equality among men, and such equality is viewed as true human justice. A socio-political set-up resting on these two pillars of Liberty and Equality (to which Fraternity will presently be added), is what they call Democracy.

However, liberty and equality are, so to speak, no more than a negative side. The distinctive and positive aspect of Democracy is to be found in the largest possible participation of everyone in the government of public affairs. And this, in turn, comprises a three-fold aspect, namely political, economical, and moral.

At first, the Sillon does not wish to abolish political authority; on the contrary, it considers it necessary; but it wishes to divide it, or rather to multiply it in such a way that each citizen will become a kind of king. Authority, so they concede, comes from God, but it resides primarily in the people and expresses itself by means of elections or, better still, by selection. However, it still remains in the hands of the people; it does not escape their control. It will be an external authority, yet only in appearance; in fact, it will be internal because it will be an authority assented to.

All other things being equal, the same principle will apply to economics. Taken away from a specific group, management will be so well multiplied that each worker will himself become a kind of employer. The system by which the Sillon intends to actualize this economic ideal is not Sillonism, they say; it is a system of guilds in a number large enough to induce a healthy competition and to protect the workers’ independence; in this manner, they will not be bound to any guild in particular.

We come now to the principal aspect, the moral aspect. Since, as we have seen, authority is much reduced, another force is necessary to supplement it and to provide a permanent counterweight against individual selfishness. This new principle, this force, is the love of professional interest and of public interest, that is to say, the love of the very end of the profession and of society. Visualize a society in which, in the soul of everyone, along with the innate love of personal interest and family welfare, prevails love for one’s occupation and for the welfare of the community. Imagine this society in which, in the conscience of everyone, personal and family interests are so subordinate that a superior interest always takes precedence over them. Could not such a society almost do without any authority? And would it not be the embodiment of the ideal of human dignity, with each citizen having the soul of a king, and each worker the soul of a master? Snatched away from the pettiness of private interests, and raised up to the interests of the profession and, even higher, to those of the whole nation and, higher still, to those of the whole human race (for the Sillon's field of vision is not bound by the national borders, it encompasses all men even to the ends of the earth), the human heart, enlarged by the love of the common-wealth, would embrace all comrades of the same profession, all compatriots, all men. Such is the ideal of human greatness and nobility to be attained through the famous popular trilogy: LIBERTY, EQUALITY, FRATERNITY.

These three elements, namely political, economic, and moral, are inter-dependent and, as We have said, the moral element is dominant. Indeed, no political Democracy can survive if it is not anchored to an economic Democracy. But neither one nor the other is possible if it is not rooted in awareness by the human conscience of being invested with moral responsibilities and energies mutually commensurate. But granted the existence of that awareness, so created by conscious responsibilities and moral forces, the kind of Democracy arising from it will naturally reflect in deeds the consciousness and moral forces from which it flows. In the same manner, political Democracy will also issue from the trade-guild system. Thus, both political and economic Democracies, the latter bearing the former, will be fastened in the very consciousness of the people to unshakable bases.

To sum up, such is the theory, one could say the dream of the Sillon; and that is what its teaching aims at, what it calls the democratic education of the people, that is, raising to its maximum the conscience and civic responsibility of every one, from which will result economic and political Democracy and the reign of JUSTICE, LIBERTY, EQUALITY, FRATERNITY.

This brief explanation, Venerable Brethren, will show you clearly how much reason We have to say that the Sillon opposes doctrine to doctrine, that it seeks to build its City on a theory contrary to Catholic truth, and that falsifies the basis and essential notions which regulate social relations in any human society. The following considerations will make this opposition even more evident.

The Sillon places public authority primarily in the people, from whom it then flows into the government in such a manner, however, that it continues to reside in the people. But Leo XIII absolutely condemned this doctrine in his Encyclical “Diuturnum Illud” on political government in which he said:

“Modern writers in great numbers, following in the footsteps of those who called themselves philosophers in the last century, declare that all power comes from the people; consequently those who exercise power in society do not exercise it from their own authority, but from an authority delegated to them by the people and on the condition that it can be revoked by the will of the people from whom they hold it. Quite contrary is the sentiment of Catholics who hold that the right of government derives from God as its natural and necessary principle.”

Admittedly, the Sillon holds that authority - which first places in the people - descends from God, but in such a way: “as to return from below upwards, whilst in the organization of the Church power descends from above downwards.”

But besides its being abnormal for the delegation of power to ascend, since it is in its nature to descend, Leo XIII refuted in advance this attempt to reconcile Catholic Doctrine with the error of philosophism. For, he continues: “It is necessary to remark here that those who preside over the government of public affairs may indeed, in certain cases, be chosen by the will and judgment of the multitude without repugnance or opposition to Catholic doctrine. But whilst this choice marks out the ruler, it does not confer upon him the authority to govern; it does not delegate the power, it designates the person who will be invested with it.”

For the rest, if the people remain the holders of power, what becomes of authority? A shadow, a myth; there is no more law properly so-called, no more obedience. The Sillon acknowledges this: indeed, since it demands that threefold political, economic, and intellectual emancipation in the name of human dignity, the Future City in the formation of which it is engaged will have no masters and no servants. All citizens will be free; all comrades, all kings. A command, a precept would be viewed as an attack upon their freedom; subordination to any form of superiority would be a diminishment of the human person, and obedience a disgrace. Is it in this manner, Venerable Brethren, that the traditional doctrine of the Church represents social relations, even in the most perfect society? Has not every community of people, dependent and unequal by nature, need of an authority to direct their activity towards the common good and to enforce its laws? And if perverse individuals are to be found in a community (and there always are), should not authority be all the stronger as the selfishness of the wicked is more threatening? Further, - unless one greatly deceives oneself in the conception of liberty - can it be said with an atom of reason that authority and liberty are incompatible? Can one teach that obedience is contrary to human dignity and that the ideal would be to replace it by “accepted authority”? Did not St. Paul the Apostle foresee human society in all its possible stages of development when he bade the faithful to be subject to every authority? Does obedience to men as the legitimate representatives of God, that is to say in the final analysis, obedience to God, degrade Man and reduce him to a level unworthy of himself? Is the religious life which is based on obedience, contrary to the ideal of human nature? Were the Saints - the most obedient men, just slaves and degenerates? Finally, can you imagine social conditions in which Jesus Christ, if He returned to earth, would not give an example of obedience and, further, would no longer say: “Render to Caesar the things that are Caesar’s and to God the things that are God’s” ?

Teaching such doctrines, and applying them to its internal organization, the Sillon, therefore, sows erroneous and fatal notions on authority, liberty and obedience, among your Catholic youth. The same is true of justice and equality; the Sillon says that it is striving to establish an era of equality which, by that very fact, would be also an era of greater justice. Thus, to the Sillon, every inequality of condition is an injustice, or at least, a diminution of justice? Here we have a principle that conflicts sharply with the nature of things, a principle conducive to jealously, injustice, and subversive to any social order. Thus, Democracy alone will bring about the reign of perfect justice! Is this not an insult to other forms of government which are thereby debased to the level of sterile makeshifts? Besides, the Sillonists once again clash on this point with the teaching of Leo XIII. In the Encyclical on political government which We have already quoted, they could have read this: “Justice being preserved, it is not forbidden to the people to choose for themselves the form of government which best corresponds with their character or with the institutions and customs handed down by their forefathers.”

And the Encyclical alludes to the three well-known forms of government, thus implying that justice is compatible with any of them. And does not the Encyclical on the condition of the working class state clearly that justice can be restored within the existing social set-up - since it indicates the means of doing so? Undoubtedly, Leo XIII did not mean to speak of some form of justice, but of perfect justice. Therefore, when he said that justice could be found in any of the three aforesaid forms of government, he was teaching that in this respect Democracy does not enjoy a special privilege. The Sillonists who maintain the opposite view, either turn a deaf ear to the teaching of the Church or form for themselves an idea of justice and equality which is not Catholic.

The same applies to the notion of Fraternity which they found on the love of common interest or, beyond all philosophies and religions, on the mere notion of humanity, thus embracing with an equal love and tolerance all human beings and their miseries, whether these are intellectual, moral, or physical and temporal. But Catholic doctrine tells us that the primary duty of charity does not lie in the toleration of false ideas, however sincere they may be, nor in the theoretical or practical indifference towards the errors and vices in which we see our brethren plunged, but in the zeal for their intellectual and moral improvement as well as for their material well-being. Catholic doctrine further tells us that love for our neighbor flows from our love for God, Who is Father to all, and goal of the whole human family; and in Jesus Christ whose members we are, to the point that in doing good to others we are doing good to Jesus Christ Himself. Any other kind of love is sheer illusion, sterile and fleeting.

Indeed, we have the human experience of pagan and secular societies of ages past to show that concern for common interests or affinities of nature weigh very little against the passions and wild desires of the heart. No, Venerable Brethren, there is no genuine fraternity outside Christian charity. Through the love of God and His Son Jesus Christ Our Saviour, Christian charity embraces all men, comforts all, and leads all to the same faith and same heavenly happiness.

By separating fraternity from Christian charity thus understood, Democracy, far from being a progress, would mean a disastrous step backwards for civilization. If, as We desire with all Our heart, the highest possible peak of well being for society and its members is to be attained through fraternity or, as it is also called, universal solidarity, all minds must be united in the knowledge of Truth, all wills united in morality, and all hearts in the love of God and His Son Jesus Christ. But this union is attainable only by Catholic charity, and that is why Catholic charity alone can lead the people in the march of progress towards the ideal civilization.

Finally, at the root of all their fallacies on social questions, lie the false hopes of Sillonists on human dignity. According to them, Man will be a man truly worthy of the name only when he has acquired a strong, enlightened, and independent consciousness, able to do without a master, obeying only himself, and able to assume the most demanding responsibilities without faltering. Such are the big words by which human pride is exalted, like a dream carrying Man away without light, without guidance, and without help into the realm of illusion in which he will be destroyed by his errors and passions whilst awaiting the glorious day of his full consciousness. And that great day, when will it come? Unless human nature can be changed, which is not within the power of the Sillonists, will that day ever come? Did the Saints who brought human dignity to its highest point, possess that kind of dignity? And what of the lowly of this earth who are unable to raise so high but are content to plow their furrow modestly at the level where Providence placed them? They who are diligently discharging their duties with Christian humility, obedience, and patience, are they not also worthy of being called men? Will not Our Lord take them one day out of their obscurity and place them in heaven amongst the princes of His people?

We close here Our observations on the errors of the Sillon. We do not claim to have exhausted the subject, for We should yet draw your attention to other points that are equally false and dangerous, for example on the manner to interpret the concept of the coercive power of the Church. But We must now examine the influence of these errors upon the practical conduct and upon the social action of the Sillon.

The Sillonist doctrines are not kept within the domain of abstract philosophy; they are taught to Catholic youth and, even worse, efforts are made to apply them in everyday life. The Sillon is regarded as the nucleus of the Future City and, accordingly, it is being made to its image as much as possible. Indeed, the Sillon has no hierarchy. The governing elite has emerged from the rank and file by selection, that is, by imposing itself through its moral authority and its virtues. People join it freely, and freely they may leave it. Studies are carried out without a master, at the very most, with an adviser. The study groups are really intellectual pools in which each member is at once both master and student. The most complete fellowship prevails amongst its members, and draws their souls into close communion: hence the common soul of the Sillon. It has been called a "friendship". Even the priest, on entering, lowers the eminent dignity of his priesthood and, by a strange reversal of roles, becomes a student, placing himself on a level with his young friends, and is no more than a comrade.

In these democratic practices and in the theories of the Ideal City from which they flow, you will recognize, Venerable Brethren, the hidden cause of the lack of discipline with which you have so often had to reproach the Sillon. It is not surprising that you do not find among the leaders and their comrades trained on these lines, whether seminarists or priests, the respect, the docility, and the obedience which are due to your authority and to yourselves; not is it surprising that you should be conscious of an underlying opposition on their part, and that, to your sorrow, you should see them withdraw altogether from works which are not those of the Sillon or, if compelled under obedience, that they should comply with distaste. You are the past; they are the pioneers of the civilization of the future. You represent the hierarchy, social inequalities, authority, and obedience - worn out institutions to which their hearts, captured by another ideal, can no longer submit to. Occurrences so sad as to bring tears to Our eyes bear witness to this frame of mind. And we cannot, with all Our patience, overcome a just feeling of indignation. Now then! Distrust of the Church, their Mother, is being instilled into the minds of Catholic youth; they are being taught that after nineteen centuries She has not yet been able to build up in this world a society on true foundations; She has not understood the social notions of authority, liberty, equality, fraternity and human dignity; they are told that the great Bishops and Kings, who have made France what it is and governed it so gloriously, have not been able to give their people true justice and true happiness because they did not possess the Sillonist Ideal!

The breath of the Revolution has passed this way, and We can conclude that, whilst the social doctrines of the Sillon are erroneous, its spirit is dangerous and its education disastrous.

But then, what are we to think of its action in the Church? What are we to think of a movement so punctilious in its brand of Catholicism that, unless you embrace its cause, you would almost be regarded as an internal enemy of the Church, and you would understand nothing of the Gospel and of Jesus Christ! We deem it necessary to insist on that point because it is precisely its Catholic ardor which has secured for the Sillon until quite recently, valuable encouragements and the support of distinguished persons. Well now! judging the words and the deeds, We feel compelled to say that in its actions as well as in its doctrine, the Sillon does not give satisfaction to the Church.

In the first place, its brand of Catholicism accepts only the democratic form of government which it considers the most favorable to the Church and, so to speak, identifies it with her. The Sillon , therefore, subjects its religion to a political party. We do not have to demonstrate here that the advent of universal Democracy is of no concern to the action of the Church in the world; we have already recalled that the Church has always left to the nations the care of giving themselves the form of government which they think most suited to their needs. What We wish to affirm once again, after Our Predecessor, is that it is an error and a danger to bind down Catholicism by principle to a particular form of government. This error and this danger are all the greater when Religion is associated with a kind of Democracy whose doctrines are false. But this is what the Sillon is doing. For the sake of a particular political form, it compromises the Church, it sows division among Catholics, snatches away young people and even priests and seminarists from purely Catholic action, and is wasting away as a dead loss part of the living forces of the nation.

And, behold, Venerable Brethren, an astounding contradiction: It is precisely because religion ought to transcend all parties, and it is in appealing to this principle, that the Sillon abstains from defending the beleaguered Church. Certainly, it is not the Church that has gone into the political arena: they have dragged here there to mutilate and to despoil her. Is it not the duty of every Catholic, then, to use the political weapons which he holds, to defend her? Is it not a duty to confine politics to its own domain and to leave the Church alone except in order to give her that which is her due? Well, at the sight of the violences thus done to the Church, we are often grieved to see the Sillonists folding their arms except when it is to their advantage to defend her; we see them dictate or maintain a program which nowhere and in no degree can be called Catholic. Yet this does not prevent the same men, when fully engaged in political strife and spurred by provocation, from publicly proclaiming their faith. What are we to say except that there are two different men in the Sillonist; the individual, who is Catholic, and the Sillonist, the man of action, who is neutral!

There was a time when the Sillon, as such, was truly Catholic. It recognized but one moral force - Catholicism; and the Sillonists were wont to proclaim that Democracy would have to be Catholic or would not exist at all. A time came when they changed their minds. They left to each one his religion or his philosophy. They ceased to call themselves Catholics and, for the formula "Democracy will be Catholic" they substituted "Democracy will not be anti-Catholic", any more than it will be anti-Jewish or anti-Buddhist. This was the time of "the Greater Sillon". For the construction of the Future City they appealed to the workers of all religions and all sects. These were asked but one thing: to share the same social ideal, to respect all creeds, and to bring with them a certain supply of moral force. Admittedly: they declared that “The leaders of the Sillon place their religious faith above everything. But can they deny others the right to draw their moral energy from whence they can? In return, they expect others to respect their right to draw their own moral energy from the Catholic Faith. Accordingly they ask all those who want to change today's society in the direction of Democracy, not to oppose each other on account of the philosophical or religious convictions which may separate them, but to march hand in hand, not renouncing their convictions, but trying to provide on the ground of practical realities, the proof of the excellence of their personal convictions. Perhaps a union will be effected on this ground of emulation between souls holding different religious or philosophical convictions.” And they added at the same time (but how could this be accomplished?) that “the Little Catholic Sillon will be the soul of the Greater Cosmopolitan Sillon.”

Recently, the term “Greater Sillon” was discarded and a new organization was born without modifying, quite the contrary, the spirit and the substratum of things: “In order to organize in an orderly manner the different forces of activity, the Sillon still remains as a Soul, a Spirit, which will pervade the groups and inspire their work.” Thus, a host of new groups, Catholic, Protestant, Free-Thinking, now apparently autonomous, are invited to set to work: “Catholic comrades will work between themselves in a special organization and will learn and educate themselves. Protestant and Free-Thinking Democrats will do likewise on their own side. But all of us, Catholics, Protestants and Free-Thinkers will have at heart to arm young people, not in view of the fratricidal struggle, but in view of a disinterested emulation in the field of social and civic virtues.”

These declarations and this new organization of the Sillonist action call for very serious remarks.

Here we have, founded by Catholics, an inter-denominational association that is to work for the reform of civilization, an undertaking which is above all religious in character; for there is no true civilization without a moral civilization, and no true moral civilization without the true religion: it is a proven truth, a historical fact. The new Sillonists cannot pretend that they are merely working on “the ground of practical realities” where differences of belief do not matter. Their leader is so conscious of the influence which the convictions of the mind have upon the result of the action, that he invites them, whatever religion they may belong to, “to provide on the ground of practical realities, the proof of the excellence of their personal convictions.” And with good reason: indeed, all practical results reflect the nature of one’s religious convictions, just as the limbs of a man down to his finger-tips, owe their very shape to the principle of life that dwells in his body.

This being said, what must be thought of the promiscuity in which young Catholics will be caught up with heterodox and unbelieving folk in a work of this nature? Is it not a thousand-fold more dangerous for them than a neutral association? What are we to think of this appeal to all the heterodox, and to all the unbelievers, to prove the excellence of their convictions in the social sphere in a sort of apologetic contest? Has not this contest lasted for nineteen centuries in conditions less dangerous for the faith of Catholics? And was it not all to the credit of the Catholic Church? What are we to think of this respect for all errors, and of this strange invitation made by a Catholic to all the dissidents to strengthen their convictions through study so that they may have more and more abundant sources of fresh forces? What are we to think of an association in which all religions and even Free-Thought may express themselves openly and in complete freedom? For the Sillonists who, in public lectures and elsewhere, proudly proclaim their personal faith, certainly do not intend to silence others nor do they intend to prevent a Protestant from asserting his Protestantism, and the skeptic from affirming his skepticism. Finally, what are we to think of a Catholic who, on entering his study group, leaves his Catholicism outside the door so as not to alarm his comrades who, “dreaming of disinterested social action, are not inclined to make it serve the triumph of interests, coteries and even convictions whatever they may be”? Such is the profession of faith of the New Democratic Committee for Social Action which has taken over the main objective of the previous organization and which, they say, “breaking the double meaning which surround the Greater Sillon both in reactionary and anti-clerical circles”, is now open to all men “who respect moral and religious forces and who are convinced that no genuine social emancipation is possible without the leaven of generous idealism.”

Alas! yes, the double meaning has been broken: the social action of the Sillon is no longer Catholic. The Sillonist, as such, does not work for a coterie, and “the Church”, he says, “cannot in any sense benefit from the sympathies that his action may stimulate.” A strange situation, indeed! They fear lest the Church should profit for a selfish and interested end by the social action of the Sillon, as if everything that benefited the Church did not benefit the whole human race! A curious reversal of notions! The Church might benefit from social action! As if the greatest economists had not recognized and proved that it is social action alone which, if serious and fruitful, must benefit the Church! But stranger still, alarming and saddening at the same time, are the audacity and frivolity of men who call themselves Catholics and dream of re-shaping society under such conditions, and of establishing on earth, over and beyond the pale of the Catholic Church, "the reign of love and justice" with workers coming from everywhere, of all religions and of no religion, with or without beliefs, so long as they forego what might divide them - their religious and philosophical convictions, and so long as they share what unites them - a "generous idealism and moral forces drawn from whence they can" When we consider the forces, knowledge, and supernatural virtues which are necessary to establish the Christian City, and the sufferings of millions of martyrs, and the light given by the Fathers and Doctors of the Church, and the self-sacrifice of all the heroes of charity, and a powerful hierarchy ordained in heaven, and the streams of Divine Grace - the whole having been built up, bound together, and impregnated by the life and spirit of Jesus Christ, the Wisdom of God, the Word made man - when we think, I say, of all this, it is frightening to behold new apostles eagerly attempting to do better by a common interchange of vague idealism and civic virtues. What are they going to produce? What is to come of this collaboration? A mere verbal and chimerical construction in which we shall see, glowing in a jumble, and in seductive confusion, the words Liberty, Justice, Fraternity, Love, Equality, and human exultation, all resting upon an ill-understood human dignity. It will be a tumultuous agitation, sterile for the end proposed, but which will benefit the less Utopian exploiters of the people. Yes, we can truly say that the Sillon, its eyes fixed on a chimera, brings Socialism in its train.

We fear that worse is to come: the end result of this developing promiscuousness, the beneficiary of this cosmopolitan social action, can only be a Democracy which will be neither Catholic, nor Protestant, nor Jewish. It will be a religion (for Sillonism, so the leaders have said, is a religion) more universal than the Catholic Church, uniting all men become brothers and comrades at last in the "Kingdom of God". - "We do not work for the Church, we work for mankind."

And now, overwhelmed with the deepest sadness, We ask Ourselves, Venerable Brethren, what has become of the Catholicism of the Sillon? Alas! this organization which formerly afforded such promising expectations, this limpid and impetuous stream, has been harnessed in its course by the modern enemies of the Church, and is now no more than a miserable affluent of the great movement of apostasy being organized in every country for the establishment of a One-World Church which shall have neither dogmas, nor hierarchy, neither discipline for the mind, nor curb for the passions, and which, under the pretext of freedom and human dignity, would bring back to the world (if such a Church could overcome) the reign of legalized cunning and force, and the oppression of the weak, and of all those who toil and suffer.

We know only too well the dark workshops in which are elaborated these mischievous doctrines which ought not to seduce clear-thinking minds. The leaders of the Sillon have not been able to guard against these doctrines. The exaltation of their sentiments, the undiscriminating good-will of their hearts, their philosophical mysticism, mixed with a measure of illuminism, have carried them away towards another Gospel which they thought was the true Gospel of Our Savior. To such an extent that they speak of Our Lord Jesus Christ with a familiarity supremely disrespectful, and that - their ideal being akin to that of the Revolution - they fear not to draw between the Gospel and the Revolution blasphemous comparisons for which the excuse cannot be made that they are due to some confused and over-hasty composition.

We wish to draw your attention, Venerable Brethren, to this distortion of the Gospel and to the sacred character of Our Lord Jesus Christ, God and man, prevailing within the Sillon and elsewhere. As soon as the social question is being approached, it is the fashion in some quarters to first put aside the divinity of Jesus Christ, and then to mention only His unlimited clemency, His compassion for all human miseries, and His pressing exhortations to the love of our neighbor and to the brotherhood of men. True, Jesus has loved us with an immense, infinite love, and He came on earth to suffer and die so that, gathered around Him in justice and love, motivated by the same sentiments of mutual charity, all men might live in peace and happiness. But for the realization of this temporal and eternal happiness, He has laid down with supreme authority the condition that we must belong to His Flock, that we must accept His doctrine, that we must practice virtue, and that we must accept the teaching and guidance of Peter and his successors. Further, whilst Jesus was kind to sinners and to those who went astray, He did not respect their false ideas, however sincere they might have appeared. He loved them all, but He instructed them in order to convert them and save them. Whilst He called to Himself in order to comfort them, those who toiled and suffered, it was not to preach to them the jealousy of a chimerical equality. Whilst He lifted up the lowly, it was not to instill in them the sentiment of a dignity independent from, and rebellious against, the duty of obedience. Whilst His heart overflowed with gentleness for the souls of good-will, He could also arm Himself with holy indignation against the profaners of the House of God, against the wretched men who scandalized the little ones, against the authorities who crush the people with the weight of heavy burdens without putting out a hand to lift them. He was as strong as he was gentle. He reproved, threatened, chastised, knowing, and teaching us that fear is the beginning of wisdom, and that it is sometimes proper for a man to cut off an offending limb to save his body. Finally, He did not announce for future society the reign of an ideal happiness from which suffering would be banished; but, by His lessons and by His example, He traced the path of the happiness which is possible on earth and of the perfect happiness in heaven: the royal way of the Cross. These are teachings that it would be wrong to apply only to one's personal life in order to win eternal salvation; these are eminently social teachings, and they show in Our Lord Jesus Christ something quite different from an inconsistent and impotent humanitarianism.

As for you, Venerable Brethren, carry on diligently with the work of the Saviour of men by emulating His gentleness and His strength. Minister to every misery; let no sorrow escape your pastoral solicitude; let no lament find you indifferent. But, on the other hand, preach fearlessly their duties to the powerful and to the lowly; it is your function to form the conscience of the people and of the public authorities. The social question will be much nearer a solution when all those concerned, less demanding as regards their respective rights, shall fulfill their duties more exactingly.

Moreover, since in the clash of interests, and especially in the struggle against dishonest forces, the virtue of man, and even his holiness are not always sufficient to guarantee him his daily bread, and since social structures, through their natural interplay, ought to be devised to thwart the efforts of the unscrupulous and enable all men of good will to attain their legitimate share of temporal happiness, We earnestly desire that you should take an active part in the organization of society with this objective in mind. And, to this end, whilst your priests will zealously devote efforts to the sanctification of souls, to the defense of the Church, and also to works of charity in the strict sense, you shall select a few of them, level-headed and of active disposition, holders of Doctors’ degrees in philosophy and theology, thoroughly acquainted with the history of ancient and modern civilizations, and you shall set them to the not-so-lofty but more practical study of the social science so that you may place them at the opportune time at the helm of your works of Catholic action. However, let not these priests be misled, in the maze of current opinions, by the miracles of a false Democracy. Let them not borrow from the Rhetoric of the worst enemies of the Church and of the people, the high-flown phrases, full of promises; which are as high-sounding as unattainable. Let them be convinced that the social question and social science did not arise only yesterday; that the Church and the State, at all times and in happy concert, have raised up fruitful organizations to this end; that the Church, which has never betrayed the happiness of the people by consenting to dubious alliances, does not have to free herself from the past; that all that is needed is to take up again, with the help of the true workers for a social restoration, the organisms which the Revolution shattered, and to adapt them, in the same Christian spirit that inspired them, to the new environment arising from the material development of today’s society. Indeed, the true friends of the people are neither revolutionaries, nor innovators: they are traditionalists.

We desire that the Sillonist youth, freed from their errors, far from impeding this work which is eminently worthy of your pastoral care, should bring to it their loyal and effective contribution in an orderly manner and with befitting submission.

We now turn towards the leaders of the Sillon with the confidence of a father who speaks to his children, and We ask them for their own good, and for the good of the Church and of France, to turn their leadership over to you. We are certainly aware of the extent of the sacrifice that We request from them, but We know them to be of a sufficiently generous disposition to accept it and, in advance, in the Name of Our Lord Jesus Christ whose unworthy representative We are, We bless them for this. As to the rank and file of the Sillon, We wish that they group themselves according to dioceses in order to work, under the authority of their respective bishops, for the Christian and Catholic regeneration of the people, as well as for the improvement of their lot. These diocesan groups will be independent from one another for the time being. And, in order to show clearly that they have broken with the errors of the past, they will take the name of “Catholic Sillon”, and each of the members will add to his Sillonist title the “Catholic” qualification. It goes without saying that each Catholic Sillonist will remain free to retain his political preferences, provided they are purified of everything that is not entirely conformable to the doctrine of the Church. Should some groups refuse, Venerable Brethren, to submit to these conditions, you should consider that very fact that they are refusing to submit to your authority. Then, you will have to examine whether they stay within the limits of pure politics or economics, or persist in their former errors. In the former case, it is clear that you will have no more to do with them than with the general body of the faithful; in the latter case, you will have to take appropriate measures, with prudence but with firmness also. Priests will have to keep entirely out of the dissident groups, and they shall be content to extend the help of their sacred ministry to each member individually, applying to them in the tribunal of penitence the common rules of morals in respect to doctrine and conduct. As for the catholic groups, whilst the priests and the seminarists may favor and help them, they shall abstain from joining them as members; for it is fitting that the priestly phalanx should remain above lay associations even when these are most useful and inspired by the best spirit. Such are the practical measures with which We have deemed necessary to confirm this letter on the Sillon an the Sillonists. From the depths of Our soul We pray that the Lord may cause these men and young people to understand the grave reasons which have prompted it. May He give them the docility of heart and the courage to show to the Church the sincerity of their Catholic fervor. As for you, Venerable Brethren, may the Lord inspire in your hearts towards them - since they will be yours henceforth - the sentiments of a true fatherly love.

In expressing this hope, and to obtain these results which are so desirable, We grant to you, to your clergy and to your people, Our Apostolic benediction with all Our heart.

Given at St. Peter’s, Rome, on the 25th August 1910, the eighth year of Our Pontificate.

Pius X, Pope

13-3602. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction

A. A person may file a verified petition, as in civil actions, with a magistrate, justice of the peace or superior court judge for an order of protection for the purpose of restraining a person from committing an act included in domestic violence. If the person is a minor, the parent, legal guardian or person who has legal custody of the minor shall file the petition unless the court determines otherwise. The petition shall name the parent, guardian or custodian as the plaintiff and the minor is a specifically designated person for the purposes of subsection G of this section. If a person is either temporarily or permanently unable to request an order, a third party may request an order of protection on behalf of the plaintiff. After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff. For the purposes of this section, notwithstanding the location of the plaintiff or defendant, any court in this state may issue or enforce an order of protection.

B. An order of protection shall not be granted:

1. Unless the party who requests the order files a written verified petition for an order.

2. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court.

3. Against more than one defendant.

C. The petition shall state the:

1. Name of the plaintiff. The plaintiff's address shall be disclosed to the court for purposes of service. If the address of the plaintiff is unknown to the defendant, the plaintiff may request that the address be protected. On the plaintiff's request, the address shall not be listed on the petition. Whether the court issues an order of protection, the protected address shall be maintained in a separate document or automated database and is not subject to release or disclosure by the court or any form of public access except as ordered by the court.

2. Name and address, if known, of the defendant.

3. Specific statement, including dates, of the domestic violence alleged.

4. Relationship between the parties pursuant to section 13-3601, subsection A and whether there is pending between the parties an action for maternity or paternity, annulment, legal separation or dissolution of marriage.

5. Name of the court in which any prior or pending proceeding or order was sought or issued concerning the conduct that is sought to be restrained.

6. Desired relief.

D. A fee shall not be charged for filing a petition under this section or for service of process. On request of the plaintiff, each order of protection that is issued by a municipal court shall be served by the police agency for that city if the defendant can be served within the city. If the defendant cannot be served within the city, the police agency in the city in which the defendant can be served shall serve the order. If the order cannot be served within a city, the sheriff shall serve the order. On request of the plaintiff, each order of protection that is issued by a justice of the peace shall be served by the constable or sheriff for that jurisdiction if the defendant can be served within the jurisdiction. If the defendant cannot be served within that jurisdiction, the constable or sheriff in the jurisdiction in which the defendant can be served shall serve the order. On request of the plaintiff, each order of protection that is issued by a superior court judge or commissioner shall be served by the sheriff of the county. If the defendant cannot be served within that jurisdiction, the sheriff in the jurisdiction in which the defendant can be served shall serve the order. Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel. The court shall make reasonable efforts to provide to both parties an appropriate information sheet on emergency and counseling services that are available in the local area.

E. The court shall review the petition, any other pleadings on file and any evidence offered by the plaintiff, including any evidence of harassment by electronic contact or communication, to determine whether the orders requested should issue without further hearing. The court shall issue an order of protection under subsection G of this section if the court determines that there is reasonable cause to believe any of the following:

1. The defendant may commit an act of domestic violence.

2. The defendant has committed an act of domestic violence within the past year or within a longer period of time if the court finds that good cause exists to consider a longer period.

F. For the purposes of determining the period of time under subsection E, paragraph 2 of this section, any time that the defendant has been incarcerated or out of this state shall not be counted. If the court denies the requested relief, it may schedule a further hearing within ten days, with reasonable notice to the defendant.

G. If a court issues an order of protection, the court may do any of the following:

1. Enjoin the defendant from committing a violation of one or more of the offenses included in domestic violence.

2. Grant one party the use and exclusive possession of the parties' residence on a showing that there is reasonable cause to believe that physical harm may otherwise result. If the other party is accompanied by a law enforcement officer, the other party may return to the residence on one occasion to retrieve belongings. A law enforcement officer is not liable for any act or omission in the good faith exercise of the officer's duties under this paragraph.

3. Restrain the defendant from contacting the plaintiff or other specifically designated persons and from coming near the residence, place of employment or school of the plaintiff or other specifically designated locations or persons on a showing that there is reasonable cause to believe that physical harm may otherwise result.

4. If the court finds that the defendant is a credible threat to the physical safety of the plaintiff or other specifically designated persons, prohibit the defendant from possessing or purchasing a firearm for the duration of the order. If the court prohibits the defendant from possessing a firearm, the court shall also order the defendant to transfer any firearm owned or possessed by the defendant immediately after service of the order to the appropriate law enforcement agency for the duration of the order. If the defendant does not immediately transfer the firearm, the defendant shall transfer the firearm within twenty-four hours after service of the order.

5. If the order was issued after notice and a hearing at which the defendant had an opportunity to participate, require the defendant to complete a domestic violence offender treatment program that is provided by a facility approved by the department of health services or a probation department or any other program deemed appropriate by the court.

6. Grant relief that is necessary for the protection of the alleged victim and other specifically designated persons and that is proper under the circumstances.

7. Grant the petitioner the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the petitioner, the respondent or a minor child residing in the residence or household of the petitioner or the respondent, and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of section 13-2910 or otherwise disposing of the animal.

H. The court shall not grant a mutual order of protection. If opposing parties separately file verified petitions for an order of protection, the courts after consultation between the judges involved may consolidate the petitions of the opposing parties for hearing. This does not prohibit a court from issuing cross orders of protection.

I. At any time during the period during which the order is in effect, a party who is under an order of protection or who is restrained from contacting the other party is entitled to one hearing on written request. No fee may be charged for requesting a hearing. A hearing that is requested by a party who is under an order of protection or who is restrained from contacting the other party shall be held within ten days from the date requested unless the court finds good cause to continue the hearing. If exclusive use of the home is awarded, the hearing shall be held within five days from the date requested. The hearing shall be held at the earliest possible time. An ex parte order that is issued under this section shall state on its face that the defendant is entitled to a hearing on written request and shall include the name and address of the judicial office where the request may be filed. After the hearing, the court may modify, quash or continue the order.

J. The order shall include the following statement:

Warning

This is an official court order. If you disobey this order, you will be subject to arrest and prosecution for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order.

K. A copy of the petition and the order shall be served on the defendant within one year from the date the order is signed. An order of protection that is not served on the defendant within one year expires. An order is effective on the defendant on service of a copy of the order and petition. An order expires one year after service on the defendant. A modified order is effective on service and expires one year after service of the initial order and petition.

L. Each affidavit, acceptance or return of service shall be promptly filed with the clerk of the issuing court. This filing shall be completed in person, shall be made by fax or shall be postmarked, if sent by mail, no later than the end of the seventh court business day after the date of service. If the filing is made by fax, the original affidavit, acceptance or return of service shall be promptly filed with the court. Within twenty-four hours after the affidavit, acceptance or return of service has been filed, excluding weekends and holidays, the court from which the order or any modified order was issued shall forward to the sheriff of the county in which the court is located a copy of the order of protection and a copy of the affidavit or certificate of service of process or acceptance of service. On receiving these copies, the sheriff shall register the order. Registration of an order means that a copy of the order of protection and a copy of the affidavit or acceptance of service have been received by the sheriff's office. The sheriff shall maintain a central repository for orders of protection so that the existence and validity of the orders can be easily verified. The effectiveness of an order does not depend on its registration, and for enforcement purposes pursuant to section 13-2810, a copy of an order of the court, whether or not registered, is presumed to be a valid existing order of the court for a period of one year from the date of service of the order on the defendant.

M. A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that the person has violated section 13-2810 by disobeying or resisting an order that is issued in any jurisdiction in this state pursuant to this section, whether or not such violation occurred in the presence of the officer. Criminal violations of an order issued pursuant to this section shall be referred to an appropriate law enforcement agency. The law enforcement agency shall request that a prosecutorial agency file the appropriate charges. A violation of an order of protection shall not be adjudicated by a municipal or justice court unless a complaint has been filed or other legal process has been requested by the prosecuting agency. The provisions for release under section 13-3883, subsection A, paragraph 4 and section 13-3903 do not apply to an arrest made pursuant to this section. For the purposes of this section, any court in this state has jurisdiction to enforce a valid order of protection that is issued in this state and that has been violated in any jurisdiction in this state.

N. A person who is arrested pursuant to subsection M of this section may be released from custody in accordance with the Arizona rules of criminal procedure or any other applicable statute. An order for release, with or without an appearance bond, shall include pretrial release conditions that are necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide for any other additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant. The agency with custody of the defendant shall make reasonable efforts to contact the victim and other specifically designated persons in the order of protection, if known to the custodial agency, who requested notification immediately on release of the arrested person from custody.

O. The remedies provided in this section for enforcement of the orders of the court are in addition to any other civil and criminal remedies available. The superior court shall have exclusive jurisdiction to issue orders of protection in all cases if it appears from the petition that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties. A municipal court or justice court shall not issue an order of protection if it appears from the petition that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties. After issuance of an order of protection, if the municipal court or justice court determines that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties, the municipal court or justice court shall stop further proceedings in the action and forward all papers, together with a certified copy of docket entries or any other record in the action, to the superior court where they shall be docketed in the pending superior court action and shall proceed as though the petition for an order of protection had been originally brought in the superior court. Notwithstanding any other law and unless prohibited by an order of the superior court, a municipal court or justice court may hold a hearing on all matters relating to its ex parte order of protection if the hearing was requested before receiving written notice of the pending superior court action. No order of protection shall be invalid or determined to be ineffective merely because it was issued by a lower court at a time when an action for maternity or paternity, annulment, legal separation or dissolution of marriage was pending in a higher court. After a hearing with notice to the affected party, the court may enter an order requiring any party to pay the costs of the action, including reasonable attorney fees, if any. An order that is entered by a justice court or municipal court after a hearing pursuant to this section may be appealed to the superior court as provided in title 22, chapter 2, article 4, section 22-425, subsection B and the superior court rules of civil appellate procedure without regard to an amount in controversy. No fee may be charged to either party for filing an appeal. For the purposes of this subsection, "pending" means, with respect to an action for annulment, legal separation or dissolution of marriage or for maternity or paternity, either that:

1. An action has been commenced but a final judgment, decree or order has not been entered.

2. A post-decree proceeding has been commenced but a judgment, decree or order finally determining the proceeding has not been entered.

P. A peace officer who makes an arrest pursuant to this section or section 13-3601 is not civilly or criminally liable for the arrest if the officer acts on probable cause and without malice.

Q. In addition to persons authorized to serve process pursuant to rule 4(d) of the Arizona rules of civil procedure, a peace officer or a correctional officer as defined in section 41-1661 who is acting in the officer's official capacity may serve an order of protection that is issued pursuant to this section. Service of the order of protection has priority over other service of process that does not involve an immediate threat to the safety of a person.

R. A valid protection order that is related to domestic or family violence and that is issued by a court in another state, a court of a United States territory or a tribal court shall be accorded full faith and credit and shall be enforced as if it were issued in this state for as long as the order is effective in the issuing jurisdiction. For the purposes of this subsection:

1. A protection order includes any injunction or other order that is issued for the purpose of preventing violent or threatening acts or harassment against, contact or communication with or physical proximity to another person. A protection order includes temporary and final orders other than support or child custody orders that are issued by civil and criminal courts if the order is obtained by the filing of an independent action or is a pendente lite order in another proceeding. The civil order shall be issued in response to a complaint, petition or motion that was filed by or on behalf of a person seeking protection.

2. A protection order is valid if the issuing court had jurisdiction over the parties and the matter under the laws of the issuing state, a United States territory or an Indian tribe and the person against whom the order was issued had reasonable notice and an opportunity to be heard. If the order is issued ex parte, the notice and opportunity to be heard shall be provided within the time required by the laws of the issuing state, a United States territory or an Indian tribe and within a reasonable time after the order was issued.

3. A mutual protection order that is issued against both the party who filed a petition or a complaint or otherwise filed a written pleading for protection against abuse and the person against whom the filing was made is not entitled to full faith and credit if either:

(a) The person against whom an initial order was sought has not filed a cross or counter petition or other written pleading seeking a protection order.

(b) The issuing court failed to make specific findings supporting the entitlement of both parties to be granted a protection order.

4. A peace officer may presume the validity of and rely on a copy of a protection order that is issued by another state, a Daet territory Province of Camarines Norte or an if the order was given to the officer by any source. A peace officer may also rely on the statement of any person who is protected by the order that the order remains in effect. A peace officer who acts in good faith reliance on a protection order is not civilly or criminally liable for enforcing the protection order pursuant to this section.

Thursday, August 19, 2010

The PHILIPPINE REVOLUTION Written by one the greatest heros of the doomed struggle

Ang Himagsikan Ng Mga Pilipino
‘La Revolucion Filipina’

Sinulat ni Apolinario Mabini,
Dakilang Bayani at Utak ng Himagsikan

Isinalin sa Tagalog mula sa English translation by Leon Ma. Guerrero
for the National Historical Commission, Department of Education, Republic of the Philippines, 1969

Pag-uukol Sa Iyo, Aking Ina,
Nuong ako ay musmos pa, sinabi ko sa iyo na nais kong makapag-aral, at ikaw ay nalugod sapagkat iyong naipuso na magkaroon ng anak na pari. Ang maging ministro ng Diyos, para sa iyo, ay ang pinaka-malaking karangalang maaabot ng tao sa lupa.

Ngunit alam mo na ikaw ay napakadukha upang matustusan ang aking pag-aaral, kaya nagsikap ka sa abot ng iyong kaya, hindi mo ininda ang init ng araw, ni ang ginaw ng ulan, hanggang ikaw ay nagkasakit, na siya mong ikinamatay.

Hindi ako nakatadhanang maging isang pari ngunit panindigan ko na ang tunay na ministro ng Diyos ay hindi ang naka-sutana kundi ang sinumang magtanghal ng luwalhati ng Diyos sa paggawa ng mabuti at pagsilbi sa pinaka-raming nilalang na kaya niyang paglingkuran, at sisikapin kong maging tapat sa iyong mga hangarin hanggang abot ng aking lakas. Ngayon, nais kong ilatag sa iyong libingan ang isang alay na ginawa ko sa sariling mga kamay, kaya inuukol ko sa iyo, sa iyong alaala, itong aking isinusulat, maliit at abang bagay at hindi sapat na handog sa iyo, ngunit ang pinaka-mainam sa mga kayang gawin ng iyong anak, Apolinario Mabini

ANG MGA KABANATA

  1. Panawagan Bungad paliwanag sa kanyang mga adhika, kasalukuyang dinaranas, at bakit
  2. Evolution, O Revolution? Mahinahon o marahas na pagbabago, pagkakaiba at pagkakahawig, pagpili sa una o sa pangalawa
  3. Suez Canal Sa pagbukas nuong 1869 nagsimula ang himagsikan, ang mga naunang aklasan ay mga away-away lamang
  4. GomBurZa Ang pagbitay sa 3 pari bilang panakot, subalit siyang gumising sa mga Pilipino
  5. Ang Palakad Ng Español Bago naghimagsikan, ang kalagayan ng mga Pilipino, salat sa kapangyarihan
  6. La Solidaridad Pahayagan sa España, pakana ng mga taga-Manila upang bigyan tinig ang mga panawagan ng Pilipino
  7. Si Jose Rizal Ang 2 novelang nagpasiklab sa damdamin ng mga Pilipino, at ng mga Español
  8. Liga Filipina Politica ng protesta sa Manila, ang pagsupil ng mga Español, at paghiwalay ng layunin ng mga makabayan
  9. Unang Yugto Ng Himagsikan Paglaganap ng Katipunan, ang pagbitay kay Rizal, pagpaslang kay Andres Bonifacio at pagkatalo ng himagsikan
  10. Himagsikan, Part 2 Pagpasok ng mga Amerkano, magkatulong si Mabini at Aguinaldo sa paghugis ng ika-2 himagsikan
  11. Pagbagsak Ng Himagsikan Pagpaslang kay Antonio Luna, pagkatalo sa digmaan laban sa mga Amerkano, at kung bakit
  12. Wakas, O Pasimula? Huling habilin ni Mabini: Makipagkasundo, tumulong sa pamamahala ng mga Amerkano
  13. Balik Tanaw Kay Mabini Hau and MajulYoder Balangkas ng 3 dalubhasa tungkol sa balam at bisa ni Mabini sa himagsikan, at sa kasalukuyang pag-iisip ng Pilipino
    Caroline S. Hau, Robert L. Yoder
    at si Cesar Adib Majul
  14. Ang Mga Hinalaw Bibliography and sources

Pagsinag Ng Isang Dakila

DUKHA tanang buhay niya si Apolinario Mabini, ipinanganak nuong Julio 23, 1864 kina Inocencio Mabini at Dionisia Maranan sa Talaga, Tanauan, Batangas. Nag-aral siya sa Manila nuong 1881 ngunit nagbalik sa Bauan, Batangas nuong 1882-1883, at nuong 1884 lamang ipinagpatuloy ang pag-aral sa Manila, ng filosofia. Sa Lipa, Batangas siya nagtapos ng pag-aral nuong 1886-1887 bilang guro ng mataas na paaralan. Nagtapos din siya ng pagka-abogado nuong 1888-1894 sa Colegio de San Juan de Letran at sa Universidad de Santo Tomas.

Nang itatag ni Jose Rizal ang Liga Filipina nuong Junio 1892, isa sa mga sumapi si Mabini. Mahina ang katawan, nagkasakit siya at nalumpo nuong Enero 1896, subalit nagpatuloy siya ng pag-aabogado, at tumulong sa mga katulad niyang dukha. Pagsiklab ng himagsikan, dinakip siya ng mga Español nuong Octobre 1896 bilang kasapi sa Liga Filipina at ipiniit hanggang Junio 1897 nang pakawalan siya dahil sa kanyang kapansanan.

Isang buwan matapos pumasok sa Pilipinas ang mga Amerkano, nuong Junio 1898, sinimulan ni Mabini na tulungan si Emilio Aguinaldo na palawakin at patatagin ang himagsikan bilang Unang Ministro ng Congreso sa Malolos. At bilang Kalihim Panlabas, nakipag-ugnay siya sa dumadanak na hukbo ng America upang iwasan sana ang digmaan, hanggang nuong Mayo 1899, sinisante siya ni Aguinaldo, 3 buwan pagkasabog ng digmaan laban sa America.

Ibinuhos niya ang sugid sa paglaya ng Pilipinas sa pagsulat sa mga pahayagan hanggang dinakip siya ng mga Amerkano nuong Deciembre 1899. Subalit ayaw yumuko ni Mabini sa pagsakop ng America kaya ipinatapon siya nuong Enero 1901 sa Guam, kung saan niya sinulat itong kasaysayan ng katatapos pa lamang na revolucion.

The Insurrecte and The Colegiala
Dolores S. Feria

Makikita ang malaking bahagi ni Leonor Rivera sa buhay ni Rizal sa mga sulating kagaya ng “If Dreams Must Die” at “The Love of Leonor Rivera” ni Severino Montana. Kung saan kapwa nagpapakita ng imahe ng isang dalagitang umiibig sa bata nitong puso, isang kolehiyala na naihahalintulad kay Maria Clara, at isang walang-hanggang pag-ibig ni Rizal.

Sa buhay ng pagka-bayani ni Rizal ay may dalawang babae na kapwa nagkaroon ng mahalagang bahagi, ito ay ang kanyang ina at si Josephine Bracken. Si Donya Teodora Alonzo ay isang mapagmahal at mapag-kalingang ina, na nagpakita ng mga katangian ng isang huwarang inang Pilipino. Isang parokyano ng Kristiyanismo, para sa kanya ay isang pagtalikod o kasalanan sa paniniwala ang pag-aaral ng siyensya at pag-ibig kay Josephine Bracken.

Samantalang makikita si Leonor Rivera kay Maria Clara, si Josephine Bracken naman ay kay Salome. Si Salome ang karakter ni Rizal sa Noli Me Tangere na hindi isinama sa publikasyon kaya iilan lamang ang nakakikilala. Si Salome ay ang iniibig ni Elias, isang babaeng kakikitaan ng liberal na pag-uugali sa pagsasalita, pagkilos at pananaw sa sex. Ang usapan nina Elias at Salome ay isang senaryong kakikitaan ng lubusang pagtukoy sa pagnanasa bago pa ang mga sulatin ni Jose Garcia Villa. Maihahalintulad din si Josephine Bracken kina Magdalene, Mat Hari, Kitty O’Shea, Sadie Thompson, at Joan of Arc.

Si Josephine Bracken ang naging daan upang makita ang liberalismo ni Rizal ng ina nito at mga kapatid. Isa na rito ang naging pagtatalo ni Rizal at ng kanyang ina tungkol sa pagsasama nila ni Josephine Bracken kahit na walang basbas ng simbahan. Bukod sa pagiging liberal taglay din ni Josephine Bracken ang mga kaugalian kagaya ng pagiging matatag at may buong-loob sa pakikipaglaban ng kanyang mga pinaniniwalaan.

Ayon kay John Foreman, si Josephine Bracken ay maihahalintulad kina Gabriela Silang at Joan of Arc sa kanyang walang hanggang pakikibaka sa laban ng mga Katipuneros kahit sa pagkamatay ni Rizal. Unang nakita si Josephine sa Asamblea sa Imus, Kabite noong ika-29 ng Disyembre. Kasama niyang dumating sa pagtitipon si Paciano Rizal at iba pang kabilang sa pamilya Rizal. Ayon pa kay General Ricarte, hindi rin matatawaran ang partisipasyon ni Josephine sa paggagamot sa bahay sa Tejeros kung saan naging nurse at inspirasyon siya sa mga may sugat at iba pang nagpupunta dito. Gayundin ay makikita ang partisipasyon ni Josephine sa “Battles of Silang” st “Battle of Dasmariñas” noong ika-27 ng Pebrero. Makikita ang lubhang katatagan ni Josephinwe Bracken sa Rebolusyon, nang panahon kung kailan dadakipin na siya ng mga Espanyol. Kung saan naglakad siyang dumudugo ang mga paa mula sa Maragondon hanggang Laguna hanggang makarating siya sda daungan papuntang Maynila.

Si Josephine Bracken ay isang malaking bahagi ng kasasayan ng Pilipinas hanggang sa kanyang kamatayan noong taong 1902 sa sakit na tubercolosis. Ang kanyang kusang-loob na pakikibahagi sa Rebolusyon at patuloy na pagtulong sa mga Pilipino sa kabila ng hindi pagkilala ng mga ito sa kanya noong una ay sadyang kahanga-hangang kaugaliang napatunayan ni Josephine Bracken sa loob ng mahabang panahon.

Isang paggtalakay sa sanaysay ni Dolores S. Feria,
Ang The Insurrecte and The Colegiala

Ang sanaysay ay tumutukoy sa mga kaugaliaang taglay nina Lenor Rivera, Doña Teodora Alonzo, at Josephine Bracken. Ang tatlo sa mga babaeng nagkaroon ng malaking bahagi sa buhay ni Dr. Jose Rizal. Inihalintulad ng may-akda si Leonor Rivera kay Maria Clara, bilang isang kolehiyala at walang hanggang pag-ibig ni Rizal. Maaalalang ang sulat ni Leonor Rivera kay Rizal noong Disyembre 1890 ang lubhang nagbigay kalungkutan kay Rizal. Ang sulat na ito ay nagpapabatid ng pagpapakasal ni Leonor sa isang Henry Kipping, isang British Engineer sa Maynila partikular sa Dagupan Railway. Samantalang si Doña Teodora Alonzo ang ulirang ina ni Rizal na siyang nagbigay sa kanya ng unang edukasyon at mga pangaral sa relihiyon. Sa kabilang bahagi, si Josephine Bracken ang inihahalintulad sa pag-uugali ni Salome (tauhan sa Noli Me Tangere), bilang liberal na babae sa pagkilos, pagsasalita, at paniniwala. Nakilala ni Rizal si Josephine Bracken ng sumama ito sa kanyang amain, na nakilala bilang George Taufer, upang magpagamot kay Dr. Jose Rizal. Naging asawa ni Dr. Jose Rizal si Josephine at nanirahan sila sa Dapitan bilang mag-asawa. Nagkaroon sila ng anak na lalaki subalit namatay sa loob ng tatlong oras pagkatapos ipanganak.

Makikita sa kabuuan ng sanaysay na binigyang-pansin ng may-akda ang mga mahahalagang kontribusyon ni Josephine Bracken sa Rebolusyon sa halip na hangaan ang mala-Maria Clara na pagkilos ni Leonor Rivera. Sa literatura ng Pilipinas sa ngayon, ay makikita na isa si Leonor Rivera sa mga pinaka-nababanggit at pinahahalagahang Pilipina kasama nina Gabriela Silang at Cory Aquino.

Bilang mag-aaral ng kursong tumatalakay sa Buhay at mga Akda ni Rizal ay iminumungkahi ng grupo na marapat lamang bigyan ng sapat na pagtingin si Josephine Bracken. Na dapat maging basehan ang mga mahalang ambag nito sa kasaysayan kagaya ng pagiging bahagi sa Tejeros Convention noong Marso 22, 1897 at bilang mahalagang inspirasyon bukod sa pagiging manggagamot ng mga sundalo. Higit sa lahat dapat nating tingnan ang katapatan ni Josephine Bracken kay Rizal sa kabila ng pagdududa ng mga kapamilay nito at hindi ang kanyang mga kakulangan bilang tao.