Academic Fighting about the Emoluments Clause and an Apology
50 minutes ago
From a different perspective, it might have been far better if the more justice-oriented blocs of the traditionalist coalition had won. The red-bereted Carlists, for example, gravitated to Franco’s side more by circumstance than conviction. They combined some eccentric legitimist ideas about the monarchy with a distributist economic vision. Their on-and-off struggles from the nineteenth century, with widespread popular support in the mountains of northern Spain, included a battle to defend local traditions, small scale property ownership, and the village commons. Their piety also made them the preferred branch of Franco’s coalition for the leftists to surrender to during the civil war; prisoners were treated quite chivalrously, while the fascist-inspired parts of the right were more likely to put them up against the wall in the village square.
I have no idea where I might look to find a living Carlist today. Moreover, the Carlists could probably not have redefined modern Spain on their own. But people like them were not few. A somewhat different lineup of forces a few decades ago, or the right kind of fracturing of the governing coalition after the war, and Spain might have been less hemmed in by false choices that have led it into its present dilemma. Whatever we might say in hindsight, though, reopening those kinds of debates will probably not happen within any one country today. It is, at the very least, a debate about the meaning of the “Europe” that we are supposed to be feverishly constructing.
Ever feel as if you've aged ten years overnight? New research shows this might not be just paranoia.
While it used to be thought ageing was gradual, scientists now believe we have a tipping point when we suddenly lose the battle to hold back the years.
In a study of 100 Japanese women aged between 22 and 55, scientists from beauty brand SK-II discovered that while 'skin power' - the ability to protect itself from UV exposure and pollution, and to renew and regenerate itself - steadily declined, it went into freefall at 35.
So what causes this tipping point? 'It comes when the skin's ability to maintain elasticity and good levels of collagen and hydration is outweighed by UV damage, exposure to free radicals and stress,' says Laura J. Goodman, senior scientist at P&G Beauty.
This theory is supported by Harley Street plastic surgeon Rajiv Grover. He recently presented the results of a ten-year study of 100 women, in association with Q-Med, the company behind facial fillers such as Restylane.
Every year he measured brow height, cheek volume, the crease that runs from the nostril to the outside of the lip and jowl thickness.
'While some measurements showed a gradual decline, cheek volume - one of the key factors in a youthful appearance - can drop off suddenly, by as much as 35 per cent in a year,' he says.
However, almost all of the patients who saw an ageing spurt had suddenly lost a lot of weight, suffered a serious illness or undergone a stressful experience, such as divorce, bereavement or redundancy.
His advice to anyone wanting to avoid the tipping point? 'Avoid stress, yo-yo dieting, the sun and smoking. It may not keep you forever young, but it'll stop you looking old before your time.'
False also and harmful to Christian education is the so-called method of "coeducation." This too, by many of its supporters, is founded upon naturalism and the denial of original sin; but by all, upon a deplorable confusion of ideas that mistakes a leveling promiscuity and equality, for the legitimate association of the sexes. The Creator has ordained and disposed perfect union of the sexes only in matrimony, and, with varying degrees of contact, in the family and in society. Besides there is not in nature itself, which fashions the two quite different in organism, in temperament, in abilities, anything to suggest that there can be or ought to be promiscuity, and much less equality, in the training of the two sexes. These, in keeping with the wonderful designs of the Creator, are destined to complement each other in the family and in society, precisely because of their differences, which therefore ought to be maintained and encouraged during their years of formation, with the necessary distinction and corresponding separation, according to age and circumstances. These principles, with due regard to time and place, must, in accordance with Christian prudence, be applied to all schools, particularly in the most delicate and decisive period of formation, that, namely, of adolescence; and in gymnastic exercises and deportment, special care must be had of Christian modesty in young women and girls, which is so gravely impaired by any kind of exhibition in public.
7. It is therefore as important to make no mistake in education, as it is to make no mistake in the pursuit of the last end, with which the whole work of education is intimately and necessarily connected. In fact, since education consists essentially in preparing man for what he must be and for what he must do here below, in order to attain the sublime end for which he was created, it is clear that there can be no true education which is not wholly directed to man's last end, and that in the present order of Providence, since God has revealed Himself to us in the Person of His Only Begotten Son, who alone is "the way, the truth and the life," there can be no ideally perfect education which is not Christian education.
11. Education is essentially a social and not a mere individual activity. Now there are three necessary societies, distinct from one another and yet harmoniously combined by God, into which man is born: two, namely the family and civil society, belong to the natural order; the third, the Church, to the supernatural order.
12. In the first place comes the family, instituted directly by God for its peculiar purpose, the generation and formation of offspring; for this reason it has priority of nature and therefore of rights over civil society. Nevertheless, the family is an imperfect society, since it has not in itself all the means for its own complete development; whereas civil society is a perfect society, having in itself all the means for its peculiar end, which is the temporal well-being of the community; and so, in this respect, that is, in view of the common good, it has pre-eminence over the family, which finds its own suitable temporal perfection precisely in civil society.
13. The third society, into which man is born when through Baptism he reaches the divine life of grace, is the Church; a society of the supernatural order and of universal extent; a perfect society, because it has in itself all the means required for its own end, which is the eternal salvation of mankind; hence it is supreme in its own domain.
14. Consequently, education which is concerned with man as a whole, individually and socially, in the order of nature and in the order of grace, necessarily belongs to all these three societies, in due proportion, corresponding, according to the disposition of Divine Providence, to the co-ordination of their respecting ends.
41. From such priority of rights on the part of the Church and of the family in the field of education, most important advantages, as we have seen, accrue to the whole of society. Moreover in accordance with the divinely established order of things, no damage can follow from it to the true and just rights of the State in regard to the education of its citizens.Note that the Holy Father does not say that state has, first of all, a duty to teach children intellectual virtues or arts, or to give standards governing their instruction. The duties of the state relate primarily to the moral and religious formation of children. They may be educated to a "certain degree of physical, intellectual, and moral culture" for the sake of the common good. I also take this task to be subordinate to and governed by the task of the state in fostering the [moral] training of citizens.
42. These rights have been conferred upon civil society by the Author of nature Himself, not by title of fatherhood, as in the case of the Church and of the family, but in virtue of the authority which it possesses to promote the common temporal welfare, which is precisely the purpose of its existence. Consequently education cannot pertain to civil society in the same way in which it pertains to the Church and to the family, but in a different way corresponding to its own particular end and object.
43. Now this end and object, the common welfare in the temporal order, consists in that peace and security in which families and individual citizens have the free exercise of their rights, and at the same time enjoy the greatest spiritual and temporal prosperity possible in this life, by the mutual union and co-ordination of the work of all. The function therefore of the civil authority residing in the State is twofold, to protect and to foster, but by no means to absorb the family and the individual, or to substitute itself for them.
44. Accordingly in the matter of education, it is the right, or to speak more correctly, it is the duty of the State to protect in its legislation, the prior rights, already described, of the family as regards the Christian education of its offspring, and consequently also to respect the supernatural rights of the Church in this same realm of Christian education.
45. It also belongs to the State to protect the rights of the child itself when the parents are found wanting either physically or morally in this respect, whether by default, incapacity or misconduct, since, as has been shown, their right to educate is not an absolute and despotic one, but dependent on the natural and divine law, and therefore subject alike to the authority and jurisdiction of the Church, and to the vigilance and administrative care of the State in view of the common good. Besides, the family is not a perfect society, that is, it has not in itself all the means necessary for its full development. In such cases, exceptional no doubt, the State does not put itself in the place of the family, but merely supplies deficiencies, and provides suitable means, always in conformity with the natural rights of the child and the supernatural rights of the Church.
46. In general then it is the right and duty of the State to protect, according to the rules of right reason and faith, the moral and religious education of youth, by removing public impediments that stand in the way. In the first place it pertains to the State, in view of the common good, to promote in various ways the education and instruction of youth. It should begin by encouraging and assisting, of its own accord, the initiative and activity of the Church and the family, whose successes in this field have been clearly demonstrated by history and experience. It should moreover supplement their work whenever this falls short of what is necessary, even by means of its own schools and institutions. For the State more than any other society is provided with the means put at its disposal for the needs of all, and it is only right that it use these means to the advantage of those who have contributed them.
47. Over and above this, the State can exact and take measures to secure that all its citizens have the necessary knowledge of their civic and political duties, and a certain degree of physical, intellectual and moral culture, which, considering the conditions of our times, is really necessary for the common good.
48. However it is clear that in all these ways of promoting education and instruction, both public and private, the State should respect the inherent rights of the Church and of the family concerning Christian education, and moreover have regard for distributive justice. Accordingly, unjust and unlawful is any monopoly, educational or scholastic, which, physically or morally, forces families to make use of government schools, contrary to the dictates of their Christian conscience, or contrary even to their legitimate preferences.
77. Since however the younger generations must be trained in the arts and sciences for the advantage and prosperity of civil society, and since the family of itself is unequal to this task, it was necessary to create that social institution, the school. But let it be borne in mind that this institution owes its existence to the initiative of the family and of the Church, long before it was undertaken by the State. Hence considered in its historical origin, the school is by its very nature an institution subsidiary and complementary to the family and to the Church. It follows logically and necessarily that it must not be in opposition to, but in positive accord with those other two elements, and form with them a perfect moral union, constituting one sanctuary of education, as it were, with the family and the Church. Otherwise it is doomed to fail of its purpose, and to become instead an agent of destruction.
It’s not as though this presupposition of passivity is limited to this one topic, either. Show me a social problem in America today and it’s better than even odds that the debate around it focuses on whether it’s caused by circumstances outside of anyone’s control, on the one hand, or by the machinations of some sinister cabal on the other. That such problems might occasionally, or more than occasionally, be the logical consequence of actions actively pursued by the majority of Americans is right off the radar screen of our collective conversation – and if anybody has the bad taste to suggest that unwelcome view, the usual response is to insist that some circumstances or cabal was responsible for making Americans do whatever it was they did.
In my experience, there are at least two things essential to any viable community that the vast majority of Americans find completely unacceptable. The first is an accepted principle of authority; the second is a definite boundary between members and nonmembers.
I’ ve come to think that this is perhaps the single most important reason why all the enthusiastic talk about communities in the peak oil scene, or for that matter in similar subcultures, has produced so few results. Page through the archives of The Oil Drum, or any other peak oil site that’s been around for a while, and you’ll find plenty of people talking about how “we” ought to imitate the Amish, or medieval monasteries, or some other classic example of resilient community. Yet you won’t find a lot of proposals that such imitations ought to adopt the principles of authority and the very strict boundaries between members and nonmembers that have played so large a role in making these communities as successful as they have been, because very, very few people in our culture are willing to accept the core presupposition that underlies these things – the necessity, especially but not only in times of crisis, of placing the needs of the community ahead of the wants of the individual.
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Ramsay, instead of dealing with the food in detail, takes every chance to focus on his own being. Every opportunity to remove his shirt is taken. There is one scene where he hunts for fish (a particularly unsuccessful enterprise) in Kerala, another where he is riding on a raft dragged by bulls in muddy water. Machismo, in such displays, comes first. He has little to say about the complex interaction of spices and the extraordinary world of food he encounters. He has nothing to say about the cultural values, which he mocks with boorish intensity. One scene is particularly jarring. In a display of childish intensity, he resorts to embracing the meditative ball in a pool. The other attendants, who never touch it, look on in bemusement.
[T]he commonwealth is the last sanctuary for sex fantasists keen to lock someone up, perhaps for life, on no evidence at all.
On January 15 the Supreme Judicial Court of Massachusetts distinguished itself as the last court in America to accept, in the face of voluminous research and scientific opinion to the contrary, repressed memory (also called massive amnesia, dissociative amnesia, recovered memory) as valid evidence in a criminal prosecution.
It did so in its ruling in the case of Paul Shanley, the defrocked Catholic priest who in 2005 was convicted of raping and otherwise molesting a child on nothing more than the tearful “recovered memories” of the now-grown accuser. Shanley had become the eye of the panic storm over priestly abuse that swept through Boston and then the nation in 2002. The accuser, Paul Busa, was one of three young men who all had the same personal injury lawyer; all went to the same therapists; all talked together at length; all described nearly identical heinous assaults occurring in the same place and time when they were little boys in the same religious education class; all, miraculously, experienced total amnesia after each assault, so that they went innocently with the priest to be raped again and again every Sunday for years; and all, even more miraculously, recovered their memories of these agonies at the same time, after The Boston Globe decided to make Shanley its No. 1 “depraved priest”.
They also all were plaintiffs in a civil suit that the Archdiocese of Boston settled, before Shanley’s trial and against its lawyers’ advice, thereby collecting hundreds of thousands of dollars for their claimed suffering. Busa pocketed $500,000. His friend Gregory Ford, the first to recover his memories and, until he was discredited, the poster child of priests’ victims, got at least $1.4 million, the biggest individual payment made by the Catholic Church in Boston in the midst of the scandal. All three, along with another man, who was represented by the same personal injury lawyer, made essentially the same claims but had been in a different class as a kid, were complainants in the criminal indictment against Shanley brought by the then-Middlesex County DA, Martha Coakley.
In movies, it's usually the Devil who comes to Earth seeking to bring about Armageddon, but in Legion it's God who decides to destroy mankind. That's the premise of this apocalyptic thriller, a sort of cross between Assault on Precinct 13 and End of Days. The Archangel Michael (Paul Bettany), having defied a vengeful God, comes to Earth to save humanity. Why does God want to smite us all again (the first time was the Great Flood, remember)? Because after centuries of war and hatred, He's finally grown tired of our s**t. Michael, however, hasn't lost faith in humanity.(Apple trailer)