Labour Law- Key Cases

Unfair dismissal

Airbus UK v Webb
(unreported, EWCA Civ 49, 7 February 2008, CA)

Five employees were found guilty of misconduct for misusing company time (by watching television during working hours). Four employees were given final written warnings, but one employee was dismissed. This was because he had been given a final written warning for a similar act of misconduct thirteen months earlier. The warning had expired three weeks before the second act of misconduct. The employee brought an unfair dismissal claim which was upheld by an employment tribunal and the Employment Appeal Tribunal (EAT).

The Court of Appeal (CA) over turned the decision of the EAT, and held that the employee was not unfairly dismissed because the employer had relied on an expired warning. In a previous case Diosynth Ltd v Thomson [2006] IRLR 284 CS it was held that a spent warning should be ignored for all purposes. However the CA said that Diosynth was only authority for stating that it would be unreasonable for an employer to rely on an expired warning as a principle reason for dismissal. The CA also stated that under Diosynth the expired warning 'tipped the balance' in favour of dismissal (as other factors taken together would not have justified dismissal), but in the present case the employee was dismissed mainly because of his misconduct and not because of the expired warning.

Implications for employers:

• Employers who take expired warnings into account before implementing a dismissal will not necessarily have unfairly dismissed the employee. However, such a practice is still very risky.
• As a matter of best practice employers should not rely on expired warnings, especially not as the principal reason for dismissal.
• If an employer does rely on an expired warning and there is also underlying misconduct, it may be reasonable to take the warning into account as well -provided that the subsequent misconduct is sufficient to warrant dismissal in its own right.

Stress

Deadman v Bristol City Council
[2007] IRLR 888 CA

A council employee was accused of sexual harassment. The council's policy was that all harassment claims should be sensitively dealt with and investigated by a three-person panel. However, the investigation was carried out by a two-person panel and the employee raised a grievance. The council upheld his grievance, but left a letter on his desk informing him that the claims would be investigated by a three-person panel. The employee went off sick with depression and did not return to work. He then brought a personal injury claim. He argued, based on several Council documents that were not in his employment contract, that the Council had a contractual obligation to act sensitively and had failed to do so by merely leaving the letter on his desk telling him that the matter would be re-investigated.His claim was upheld by the High Court which held that the council was in breach of the employment contract and that it was reasonably foreseeable that such a breach would case a psychiatric illness.

This decision was overturned by the Court of Appeal which held that the use of a two-person panel was in breach of contract but it was not reasonably foreseeable that this would cause the employee a psychiatric illness.

Implications for employers:

• Employers will only be vulnerable to such claims if the harm suffered by the employee was a reasonably foreseeable result of the employer's actions.
• At the very least, employers should follow their own policies and procedures and any statutory procedures carefully.
• If employers implement contractual procedures, very careful attention should be paid to the wording as there may be a contractual term that the employer must follow its published procedure to the letter in the investigation of any complaints made against the employee.
• Employers will always be subject to the implied obligation of mutual trust and confidence, and the duty to take reasonable care, but any damage suffered by an employee must still be reasonably foreseeable.

Sex discrimination

Madarassy v Nomura International plc 
[2007] IRLR 246, CA)

The Court of Appeal held that an employer is not obliged to prove that an employee was treated fairly once she had established that as a pregnant woman she had been discriminated against.

The employee, a banker, who claimed that she had suffered discrimination while pregnant went on maternity leave in March 2001. She also claimed that when she was on maternity leave she was not informed that her department was being restructured which put her at a disadvantage in the restructuring and redundancy process. In November 2001 she was dismissed for redundancy. She brought £1 million proceedings for discrimination citing 33 allegations. These allegations were dismissed by the employment tribunal and Employment Appeal Tribunal, apart from one concerning the employer's failure to carry out a health and safety assessment relating to her pregnancy.

The Court of Appeal had to decide what degree of unfair behaviour an employee was required to establish to transfer the burden of proof onto the employer to prove that it did not act unfairly. The Court of Appeal concluded that there had to be more than a set of circumstances where the tribunal could 'conclude' discrimination. Differences in status and treatment were not sufficient to establish a prima facie case of discrimination. It also ruled that the employer was correct in not carrying out a risk assessment as there was no evidence from the employer that her working conditions put her at risk. The employee is intending to appeal to the House of Lords.

Implications for employers:

• This is an important decision for employers who are now less exposed to sex discrimination claims in such circumstances as it will be harder for employees to establish that discrimination took place.
• In cases under the Sex Discrimination Act 1975 the employee always has to prove a prima facie case of sex discrimination. Previous cases have set this threshold at a very low level. The level now appears to be higher.
• However if a similar dismissal does take place the timing i.e straight after return from maternity leave will not of itself show a prima facie case of discrimination against the employer.
• There must be some other link in addition to the timing which suggests there may be a discriminatory reason for the dismissal, thereby enabling the employee to get the claim off the ground.
• An employee wishing to claim discrimination also now needs to show more than mere differences in status or treatment to force the employer to show that they have not discriminated. There needs to be something more than that.
• Despite this decision obviously the safest, most cautious, course of action for employers is always to try and avoid dismissing employees (or selecting them for redundancy) whilst they are pregnant, or during/upon return from maternity leave.

New Book-Employment Law

An Introduction for HR and Business Students

 

 

Kathy Daniels

 

Pages: 288   Published: March 2008

 

ISBN: 1843981882

ISBN13: 9781843981886

 

Price: £24.99

 

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Description

 

 

Employment Law can be a challenging subject for students who have no prior experience of studying or working with Law.

Employment Law: An Introduction for HRM and Business Students is an ideal text for those business students on undergraduate and postgraduate courses who are taking a module in Employment Law. It covers a comprehensive range of topics enabling students to gain a solid understanding of the key principles of the subject. The engaging, authoritative writing style and range of learning features make this a refreshingly accessible and student-friendly read.

This new edition has been thoroughly updated, and includes expanded coverage of the impact of EU Law, and Discrimination Law including ageism, sexual orientation, religious belief, harassment and disability.

Each chapter includes summaries of topical and relevant cases, direction to key sources of legal information and suggestions for further reading while covering the CIPD Standards for the Employment Law elective on the Professional Development Scheme (PDS).

This text includes a range of case studies, tasks and examples to consolidate learning and includes a brand new section on Employment Law study skills to help students get to grips with how to access and read law reports, understand the sources of the law, find and use up-to-date legal information (particularly websites) and how to prepare for exams and written assignments.

  

 

Contents

 

Cases referred to in this book
Legislation referred to in this book
Preface
Acknowledgements

Studying Employment Law
The Formation of Employment Law
The Employment Tribunals and Employment Appeal Tribunal
Contract of Employment
Atypical Contracts and the Variation of Contracts
Individual Protection Rights
Discrimination (1)
Discrimination (2)
Termination of Employment (1)
Termination of Employment (2)
Trade Union Legislation
Privacy and Confidential Information
Health and Safety Legislation

Useful Websites
Index.

  

 

About the author(s)

 

Kathy Daniels

Kathy teaches at Aston Business School and is a tutor for ICS Ltd in Employment Law and related topics. She is also a tutor on the Advanced Certificate in Employment for the Chartered Institute of Personnel and Development. She is a fellow of the CIPD. She is a lay member of the Employment Tribunals, sitting in Birmingham. Prior to these appointments she was a Senior Personnel Manager in the manufacturing sector. Kathy has also written for a number of other CIPD texts including ''Employee Relations in an Organisational Context'', ''Equality, Diversity and Discrimination'' with Lynda Macdonald, and the forthcoming textbook from the Aston Centre of Human Resources, ''Strategic Human Resource Management: Building Research-Based Practice''.

Mediation at Workplace

The Gibbons review heard evidence that early mediation or conciliation in the workplace is the key to resolving disputes before irretrievable breakdown in relations occurs.The issue is how far it may be possible to place more weight on such "alternative dispute resolution" mechanisms so as to reduce the volume of claims reaching employment tribunals and improve the quality of outcomes. How far can experience of resolving disputes in other areas such as family or commercial law be applied to the field of employment? 

Workplace conflict damages business performance by reducing levels of employee engagement.

CIPD supports the view that there is a clear business case for mediation, which can be summarized as follows:

    * Time - mediation is often completed in one meeting, compared with the two days or more typically required for tribunal hearings

    * Legal representation for the parties is optional and, in the absence of a legal framework, less critical to outcomes

    * Proceedings are confidential so that parties are less likely to be trapped by positions adopted earlier

    * Mediation takes a problem-solving approach to complaints, which reduces disruption and future problems

    * Agreement is less likely to mean that one party wins and the other loses, leading to lower employee turnover

    * The process is evidently fair since both parties contribute to finding a solution

    * "Win-win" solutions support trust-based relationships and a culture of good people management.

Constraints on the use of mediation

How far can mediation be expected to take more of the strain of handling workplace conflict? Some employers, particularly in the public sector, have invested in training their staff to undertake mediation; others make use of mediation services provided  external sources. However mediation is not the only option for organisations that seek to reduce or deal with workplace conflict. Investigations by outside persons may help to create a shared understanding of the facts which will facilitate early resolution. Employee Assistance Programmes can also be useful in providing employees with a way of raising issues which are worrying them.

More generally, mediation is likely to be most effective where organisations have in place training and support for line managers in people management skills. Our members' experience suggests that, where such training has taken place, matters relating to alleged breaches of discipline or complaints by employees have been handled competently and concluded effectively. HR managers can support line management to restore trust-based relationships that have been disturbed by complaints including those related to discrimination, harassment and bullying.

However CIPD survey findings suggest that such training is not as common as it might be:

    * only 30% of respondents train any employees in mediation skills

    * training is more common in the public services (53%) than in other sectors (manufacturing and production 15%)

    * 1in 4 employers use internal mediation

    * 1 in 5 employers use external mediation (e.g. ACAS).

"Transactional" mediation and compromise agreements

A distinction can be drawn between "relational" mediation, which aims to produce a meeting of minds between the parties, and "transactional" mediation, which is primarily aimed at agreeing a settlement figure – perhaps with some conditions - which will compensate the employee for losing his or her job. Where a complaint has been resolved internally within an organisation through relational mediation, a compromise agreement may be considered as a means of endorsing the outcome. With the passage of time from an initial conflict emerging, the chances of successful relational mediation diminish but there may still be value in pursuing transactional mediation as a way of "drawing a line" under the relationship.

 Where the aim is to agree a compensation figure in return for an employee leaving the organisation, whether or not there is a process of mediation, employers increasingly rely on concluding a compromise agreement with the employee. This is in order to ensure that no further statutory claims can be brought against the employer in respect of the employee's service with the employer. The Government should recognize the value of compromise agreements in resolving issues in a way that meets the interests of both employer and employee, without the use of statutory machinery, provided that the employee receives independent advice. 

 

Unfair Dismissal

 

A dismissal may be fair or unfair depending on the circumstances of the dismissal.


You need to work through the following four steps to identify whether you can make a claim for unfair dismissal:-

Step one: who cannot claim unfair dismissal

There are some employees who can never claim unfair dismissal. They are:-

People who are not employees, such as independent contractors or freelance agents. Employers often claim that people who are actually employees are self-employed. It is important to check the relationship between the employee and their 'employer', because this will determine the employee's actual employment status .

 See my full article at:

http://www.citehr.com/unfair-dismissal-vt16349.html

 

Peoples' SAARC Declaration -2007

"People'summits",since 2000 held annually parallel to the South Asian Association Regional Cooperation (SAARC)Summit aims to promote people to people dialogues,exchanges and linkages in South Asia to address Regional issues.

This joint civil society initiative provides a platform to act on a "people's agenda" and helps civil society to engage with national governments and regional Institutions. The participation of Afghanistan in the 6th People's summit was welcomed in which more than 200 people from 8 countries participated in New Delhi.

Prof.Madurasinghe was a member of the Drafting team.

Read Full Text

A Brief History of Human Rights

Societies have located the beginnings of human rights in religious documents. The Vedas, the Bible, the Qur'an and the Analects of Confucius are some of the oldest written sources which address questions of people’s duties, rights, and responsibilities. Some early reforms were reflected in the biblical books of Chronicles and Ezra, which state that Cyrus released the followers of Judaism from slavery and allowed them to migrate back to their land.

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Religious Pluralism

Religious Pluralism

Religious pluralists point out that nearly all religious texts are a combination of an assortment of human observations documented, for example, as historical narratives, poetry, and morality plays. Accordingly, a distinction exists between what may be claimed as literal in a religious text and what may be metaphorical. The text, therefore, is open to interpretation. In this light, no religion is able to comprehensively capture and communicate all truth.Although all religions attempt to capture reality, their attempts occur within particular cultural and historical contexts that affect the writer's viewpoint.

Adherents of religious pluralism, in this sense, hold that their faith is "true". That is, their religion is the most complete and accurate revelation of the divine available, yet they also accept that other religions teach many truths about the nature of God and man, and which establish a significant amount of common ground.

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Hinduism and New Ageism

Hinduism and New Ageism

Hinduism is a set of beliefs and traditions which have evolved over a vast period of time. There is no central organization like a Church to control its movements or progress. The word Hindu is derived from the river Sindhu, or Indus, primarily a geographical term that referred to India or to a region of India (near the Sindhu). Hinduism entered the English language in the early 19th century to describe the beliefs and practices of those residents of India who practice the ancient believes of India and did not practice Islam or Christianity.

A common manner of describing Hinduism among its adherents is as a way of life, as "Dharma." It defies dogma and thus seeks to instead align the human body, mind, and soul in harmony with nature.

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Buddhism

Buddhism

Many hold the view that Buddhism is a philosophy, but the Buddha did not preach mere philosophical or intellectual theories. The Dhamma (Buddha’s teachings) deals with reality and truths which Buddhists believe that they can verify by personal experience. Unlike a philosophy, this shows a path that leads to the elimination of all forms of suffering and release from conditioned existence. One can discuss endlessly whether Buddhism is a religion or a philosophy; - It is a way of life. In fact, some of the ancient teachings are very much in keeping with modern scientific thought, therefore some even call it a 'Science of Life'.

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Human Rights and Governance

An article I contributed to the Bar Association Journal 2007 Vol X111 ISBN: 1391-1198

Various developing countries that are quite similar in terms of their natural resources and social structure have shown strikingly different performance in improving the welfare of their people. Why is this? Research suggests that some countries do better than others because they have 'good governance' and a good human rights record. Good governance and human rights are a vital part in ensuring country’s progress with justice & fair play.

140 years ago Daniel Webster had this to say at Justice Story’s funeral :
Justice sir, is the greatest interest of man on earth. It is the ligament which holds civilized beings and nations together. It is the end of civil society. Justice is truth in action and make the legal system in each country viable as an instrument of national fulfillment.

Justinian in the Institutes says:
Justice is the earnest and constant will to render to every man his due. The precepts of the law are these:

To live honourably ; To injure no other man ; To render to every man his due.
Governance is the process whereby public institutions conduct public affairs, manage public resources and guarantee the realization of human rights. Good governance accomplishes this in a manner essentially free of abuse and corruption, and with due regard for the rule of law. The true test of "good" governance is the degree to which it delivers on the promise of human rights: civil, cultural, economic, political and social rights. The key question is: are the institutions of governance effectively guaranteeing the right to health, adequate housing, sufficient food, quality education, fair justice and personal security?

COMMISSION ON HUMAN RIGHTS

Concerning governance The Commission on Human Rights has emphasized the following:

Recognizing the need for a closer examination of the role of good governance for the promotion of human rights and the relationship between good governance practices and the promotion and protection of all human rights in all countries,

1. Recognizes that transparent, responsible, accountable and participatory government, responsive to the needs and aspirations of the people, is the foundation on which good governance rests, and that such a foundation is a sine qua non for the promotion of human rights;

2. Emphasizes, in this context, the need to promote partnership approaches to international development cooperation and to ensure that prescriptive approaches to good governance do not impede such cooperation;

3. Requests the United Nations High Commissioner for Human Rights to invite all States to provide practical examples of activities that have been effective in strengthening good governance practices for the promotion of human rights at the national level, including activities in the context of development cooperation between States, for inclusion in a compilation of indicative ideas and practices that could be consulted by the interested States when required;

The Commission also requested the High Commissioner to invite States to provide practical examples of activities that have been effective in promoting good governance, including through development cooperation.

HUMAN RIGHTS

Societies have located the beginnings of human rights in religious documents. The Vedas, the Bible, the Qur'an and the Analects of Confucius are some of the oldest written sources which address questions of people’s duties, rights, and responsibilities.

Several theoretical approaches have been advanced to explain how human rights become part of social expectations. The biological theory , natural law theories and an "interests theory" defense of human rights.

Ultimately, the term "human rights" is often itself an appeal to a transcendent principle, not based on existing legal concepts. The term "humanism" refers to the developing doctrine of such universally applicable values. The term "human rights" has replaced the term "natural rights" in popularity, because the rights are less and less frequently seen as requiring natural law for their existence.

VIOLATIONS OF HUMAN RIGHTS

Human rights Violation is abuse of people in a way that it abuses any fundamental human rights. It is a term used when a government violates national or international law related to the protection of human rights.

According to the Universal Declaration of Human Rights, fundamental human rights are violated when, among other things:

* A certain race, creed, or group is denied recognition as a "person". (Articles 2 & 6)
* Men and women are not treated as equal. (Article 2)
* Different racial or religious groups are not treated as equal. (Article 2)
* Life, liberty or security of person are threatened. (Article 3)
* A person is sold as or used as a slave. (Article 4)
* Cruel, inhuman or degrading punishment is used on a person (such as torture or execution). (Article 5) (See also Prisoners' rights)
* Victims of abuse are denied an effective judicial remedy. (Article 8)
* Punishments are dealt arbitrarily or unilaterally, without a proper and fair trial. (Article 11)
* Arbitrary interference into personal, or private lives by agents of the state. (Article 12)
* Citizens are forbidden to leave or return to their country. (Article 13)
* Freedom of speech or religion are denied. (Articles 18 & 19)
* The right to join a trade union is denied. (Article 23)
* Education is denied. (Article 26)

MONITORING

Human rights violations and abuses include those documented by non-governmental organizations such as Amnesty International, Human Rights Watch, World Organisation Against Torture, Freedom House, International Freedom of Expression Exchange and Anti-Slavery International.

Only a very few countries do not commit significant human rights violations, according to Amnesty International. In their recent human rights reports the Netherlands, Norway, Denmark, Iceland and Costa Rica are the only countries that did not violate at least some human rights significantly

MILLENNIUM REPORT

In his Millennium Report, We the peoples, the Secretary-General emphasized that "better governance means greater participation, coupled with accountability. Therefore, the international public domain – including the United Nations – must be opened up further to the participation of the many actors whose contributions are essential to managing the path of globalization … For the United Nations, success in meeting the challenges of globalization ultimately comes down to meeting the needs of peoples. It is in their name that the Charter was written; realizing their aspirations remains our vision for the twenty-first century."

ANCIENT SYSTEMS

Ancient history is replete with examples of good governance and Kautilya says in his Arthashastra: "In the happiness of his subject likes the king's happiness, in their welfare his welfare. He shall not consider as good only that which pleases him but treat as beneficial to him whatever pleases his subject".

2000 years ago, Tiruvalluvar, in Tamilnadu spelt out in 1330 verses the three purusharthas of existence, dharma, artha and kama. In his chapter on artha, like Kautilya's Arthashastra, he also dealt with the characteristics of a well-run administration or shall we say the ethics of good administration.

Justice M Rama Jois in his Shri Bhau Lecture Series gave a talk entitled
"Reforming our polity on the basis of Dharma". In this talk he has provided valuable insights into the concept of Dharma. This is what he says:
From most ancient times, as a part of Dharma, one of the ideals placed before individuals was that for a higher or greater interest, lower or personal interest should be subordinated.

Idealism is incorporated in a verse in Hitopadesha; It reads "Sub ordinate the interest of an individual for the sake of the family, of the family to sub-serve the interest of the village, of the village in the interest of the state, of all wordly interest in order to attain eternal bliss".

The Arthashastra talks about the principles of governance and lays down rules of administration. It also discusses in detail the role of the king, his duties, rate of taxation, use of espionage, and laws for governing the society. The Indica of Megasthenes, on the other hand, gives a vivid description of the Mauryan society under the rule of Chandragupta. Megasthenes described the glory of the Mauryan capital of Pataliputra. He also talked of the lifestyle in the cities and villages and the prosperity of the Mauryan cities.

Ashoka believed in high ideals, which, according to him, could lead people to be virtuous, and peace loving. This he called Dhamma .His rock edicts and pillar inscriptions propagated the true essence of Dhamma. Ashoka asked the different religious groups (Brahmins, Buddhist and Jain) to live in peace. His lofty ideals also included shunning violence and war, stopping animal sacrifice, respect for elders, respect of slaves by their masters, vegetarianism, etc. Above all, Ashoka wanted peace in his empire.

Ashoka believed that the King should look upon his subjects as a father treats his children. He took care of his subjects in various ways and was responsible for carrying out a lot of welfare activities during his reign like building of roads, planting of trees along these roads, wells, rest houses for travelers, hospitals for the sick, etc. The Dhamma Mahamattas (officers responsible for promoting the policy of Dhamma) looked after these welfare activities across the empire. Ashoka had a friendly relation with his neighbors and sent and received envoys to/from them.
Many United Nations documents have this to say about governance:

GOVERNANCE

The concept of "governance" is not new. It is as old as human civilization. Simply put "governance" means: the process of decision-making and the process by which decisions are implemented (or not implemented). Governance can be used in several contexts such as corporate governance, international governance, national governance and local governance.

Since governance is the process of decision-making and the process by which decisions are implemented, an analysis of governance focuses on the formal and informal actors involved in decision-making and implementing the decisions made and the formal and informal structures that have been set in place to arrive at and implement the decision.

GOOD GOVERNANCE

Good governance is achieved under a democratic political system in which the actions of all sectors contribute to the good of society. It is most likely to occur when the government sector has high quality public sector institutions and when the nation has a strong civil society.

Good governance means an institution's activities are transparent and open to public examination.

Good governance has 8 major characteristics. It is participatory, consensus oriented, accountable, transparent, responsive, effective and efficient, equitable and inclusive and follows the rule of law. It assures that corruption is minimized, the views of minorities are taken into account and that the voices of the most vulnerable in society are heard in decision-making. It is also responsive to the present and future needs of society.

Participation

Participation by both men and women is a key cornerstone of good governance. Participation could be either direct or through legitimate intermediate institutions or representatives.

Rule of law

Good governance requires fair legal frameworks that are enforced impartially. It also requires full protection of human rights, particularly those of minorities. Impartial enforcement of laws requires an independent judiciary and an impartial and incorruptible police force.

Transparency

Transparency means that decisions taken and their enforcement are done in a manner that follows rules and regulations. It also means that information is freely available and directly accessible to those who will be affected by such .

Responsiveness

Good governance requires that institutions and processes try to serve all stakeholders within a reasonable timeframe.

Consensus oriented

There are several actors and as many view points in a given society. Good governance requires mediation of the different interests in society to reach a broad consensus in society on what is in the best interest of the whole community and how this can be achieved..

Equity and inclusiveness

A society’s well being depends on ensuring that all its members feel that they have a stake in it and do not feel excluded from the mainstream of society.

Effectiveness and efficiency

Good governance means that processes and institutions produce results that meet the needs of society while making the best use of resources at their disposal.

Accountability

Accountability is a key requirement of good governance. Not only governmental institutions but also the private sector and civil society organizations must be accountable to the public and to their institutional stakeholders. Accountability cannot be enforced without transparency and the rule of law.

GOOD GOVERNANCE AND HUMAN RIGHTS

Good governance and human rights develop together. Outlined below are some key principles of good governance and their link to human rights.

Democratic government and processes

A truly democratic government cannot occur unless individuals have guaranteed civil and political rights.

The primacy of the rule of law

The primacy of the rule of law and an impartial legal system protects the civil rights of all people in relation to their property, personal security and liberty. The legal and judicial system should be independent of the government so that it can serve the interests of its citizens rather than a particular political party.

A strong civil society

Civil society is about people contributing to the governing of their country through their participation in the community. It is difficult to participate if you are poor, unemployed, hungry, homeless and uneducated. People who live under these conditions are being denied their economic, social and cultural rights.

Careful management of the national economy

A government which does not manage its economy well will not have enough resources to guarantee basic human rights. However, if these rights are not met it is difficult to create the accountable and transparent institutions so vital to good governance and to sustainable development.

Good governance is an ideal which is difficult to achieve in its totality. Very few countries and societies have come close to achieving good governance in its totality. However, to ensure sustainable human development, actions must be taken to work towards this ideal with the aim of making it a reality.

The Seven Steps of Bible Study- LUMKO Method

Steps 1-4 help us to "persevere" with God, to "Iisten" to participate in the biblical action, "to surrender ourselves to God".

Step 5 brings us together as brothers and sisters because we risk sharing our experience with God with one another. This is not the most important step, but it gives great joy to all those who want to build and experience a deeply human community in God.

In step 6 we confront our life with the Word of God. It is often the case that in this atmosphere of prayer, individuals discuss problems which they wish to resolve as a group.

In step 7 all are invited to share in spontaneous prayer.

FIRST STEP: We invite the Lord

Once the group settles down, the facilitator asks someone to volunteer "to invite the Lord". The belief in the living presence of the Risen Christ in our midst is the presupposition and basis of our meditation.

We want to meet the Word who became flesh and dwells among us. We remember Jesus´ promise: "Where two or three are gathered in my name, I shall be there with them." (Mt 18,20).

SECOND STEP: We read the text

The facilitator announces the chosen text. First the book, then the chapter. He/she waits until everyone has found the chapter and only then does be announce the verse.

When everyone has found the passage, the facilitator invites someone to volunteer to read the text. A moment of silence follows.

THIRD STEP: We dwell on the text

The facilitator continues: "We dwell on the text. Which words strike you in a special way?"

In doing so, almost the entire text is listened to again. The participants spontaneously read aloud the word or words that have impressed them. Whole verses are not read, only short phrases or individual words.

The participants are encouraged to repeat those words silently to themselves three or four times. It is extremely important that a moment of silence be kept after each person has spoken, allowing the message to "soak in". As a result of this step, "simple" words often take on new meaning.

FOURTH STEP: We are quiet

After spending time on the individual word, the entire passage is read again slowly. Then the facilitator announces a time of silence, giving the exact length of time, for example, three minutes.

We advise the people to spend this time in silence before God. "We are open to God." "We allow ourselves to be loved by him." "We let God look at us."

A helpful practice during this silence is to repeat a specific word.

Meditation: Simply to be open to God, to wait for him, to be with him, "in fact he is not far from any of us" (Acts 17,27).

FIFTH STEP: We share what we have heard in our hearts

After the time of quiet, the facilitator announces the next step: "We share with each other what we have heard in our hearts."

We do this to share with one another our faith experience and to help each other to grow in the faith. The entire Sacred Scripture is nothing less than a God experience which the People of Israel and Jesus "share" with us.

It is somewhat strange that we can talk to friends about almost every aspect of our life yet when it comes to sharing with others our experience with God, we become shy. In this Bible meditation method, however, anyone can learn "to risk" this sharing in a very natural and unpressured way.

SIXTH STEP: We search together

The facilitator announces: "We search together."

Now the time has come for the participants to examine their lives in the light of the Gospel. At this stage, a basic community might discuss everyday problems as:

Someone needs help in the neighborhood...
Children need instruction in the faith...
Who will lead the the Word next Sunday, since the Pastor will not be there?...
How can we settle a discord that has arisen?...
What can we do about getting the street lamp repaired?...

None of these problems need to have a direct connection to the Bible passage which had been read and shared. However, they emerge and can be resolved because of the mutual confidence that now exists in an atmosphere of the presence of God. Things look different when God is allowed to be present.

SEVENTH STEP: We pray together

The facilitator now invites everyone to pray.

The words of Scripture, the various experiences of God´s Word, the daily problems - these all become fuel for prayer. Some find this form of sharing in prayer the easiest way to communicate with others.

The participants are encouraged to incorporate in their personal prayer whatever has been of special importance to them during the meditation.

Only at the end is a formal prayer known to everyone recited

 

Is the Anglican Social Doctrine Inadequate for Church of Ceylon to look Toward Karl Marx?

 

Views I sent to the Anglican Church Sri Lanka in October 2007

Annual Council sessions were held at the Anglican Cathedral on Saturday 20 th October, 2007.

Around 37 voted against the resolution while 47 abstained. Thus it is an  indicator that a majority of those present were not in favor of such changes being implemented at this stage without deeper reflection.

A  reporter said that "Winds of change have blown into the Church of Ceylon, better known as the Anglican Church, as the leaders of the traditionally conservative Christian denomination passed a seemingly revolutionary resolution that could shake the foundations of one of the oldest churches of the country".

Similarly, Anglican church worldwide is facing many problems at present. Today's news from overseas says:

The President of the Council of Anglican Provinces of Africa(CAPA), Archbishop Peter Akinola of Nigeria, says that Anglican crises hinge on leadership, doctrine -    in which the failure of the instruments of the Communion to exercise discipline had called into question the viability of the Anglican Communion as a united Christian body under a common foundation of faith, as is supposed by the Chicago-Lambeth Quadrilateral. Due to this breakdown of discipline, we are not sure that we can in good conscience continue to spend our time, our money and our prayers on behalf of a body that proclaims two Gospels: the Gospel of Christ and the Gospel of Sexuality," he added.

It is my view that at a juncture such as this we need to exercise greater caution and have a finer grasp of deeper theoretical underpinnings before such resolutions are passed. The reporter expressed surprise that the resolution which was loaded with complicated wordings, was passed with surprisingly less resistance and justified the necessity for this fundamental "paradigm shift" as a necessity for the church "in the context of the present post-modern political, social, economic and cultural reality in Sri Lanka".

What disturbed me more was a statement of Fr. Selvan who proposed the motion mentioned during his speech, a synthesis between the teachings of Jesus and Karl Marx .

Even though it did not elaborate, it further said that The Bishop of Colombo made a few telling observations in support of the resolution before it went into voting while only one priest spoke against the resolution and tried unsuccessfully to bring an amendment to the clause on "paradigm shift" calling it to be changed rather into "Return to the teachings of Jesus".

The resolution also called the members of the church to "work towards a life style of the poor" which some speakers criticized as "impractical" before it was passed .

What Fr. Selvan must remember is that Marxism left  a sad heritage of economic and ecological destruction. Capitalism,   has failed to bridge the distance between rich and poor and is giving rise to a worrying degradation of personal dignity through drugs, alcohol and deceptive illusions of happiness.

Both capitalism and Marxism promised to point out the path for the creation of just structures, and they declared that these, once established, would function by themselves and this ideological promise has proven false. 

Even though we must  reaffirm the church's preference for the poor, we must not lose sight of the fact that social change begins with the transformation of the individual believer.

My mind goes back to the words of Paul VI in his "Profession of Faith" "We profess our faith that the Kingdom of God, begun here below in the Church of Christ, is not of this world, whose form is passing away, and that its own growth cannot be confused with the progress of civilization, of science, and of human technology, but that it consists in knowing ever more deeply the unfathomable riches of Christ, to hope ever more strongly in things eternal, to respond ever more ardently to the love of God, to spread ever more widely grace and holiness among men. But it is this very same love which makes the Church constantly concerned for the true temporal good of mankind as well. Never ceasing to recall to her children that they have no lasting dwelling here on earth, she urges them also to contribute, each according to his own vocation and means, to the welfare of their earthly city, to promote justice, peace and brotherhood among men, to lavish their assistance on their brothers, especially on the poor and the most dispirited. The intense concern of the Church, the bride of Christ, for the needs of mankind, their joys and their hopes, their pains and their struggles, is nothing other than the great desire to be present to them in order to enlighten them with the light of Christ, and join them all to Him, their only Savior . It can never mean that the Church is conforming to the things of this world, nor that she is lessening the earnestness with which she awaits her Lord and the eternal Kingdom."

Analyzing the issues further , H.H The Pope Benedict XV1, then writing as Cardinal Joseph Ratzinger responded:

The warning of Paul VI remains fully valid today: Marxism as it is actually lived out poses many distinct aspects and questions for Christians to reflect upon and act on. However, it would be "illusory and dangerous to ignore the intimate bond which radically unites them, and to accept elements of the Marxist analysis without recognizing its connections with the ideology, or to enter into the practice of class-struggle and of its Marxist interpretation while failing to see the kind of totalitarian society to which this process slowly leads."

The acute need for radical reforms of the structures which conceal poverty and which are themselves forms of violence, should not let us lose sight of the fact that the source of injustice is in the hearts of men. Therefore it is only by making an appeal to the moral potential of the person and to the constant need for interior conversion, that social change will be brought about which will be truly in the service of man. For it will only be in the measure that they collaborate freely in these necessary changes through their own initiative and in solidarity, that people, awakened to a sense of their responsibility, will grow in humanity.

The class struggle as a road toward a classless society is a myth which slows reform and aggravates poverty and injustice. Those who allow themselves to be caught up in fascination with this myth should reflect on the bitter examples history has to offer about where it leads. They would then understand that we are not talking here about abandoning an effective means of struggle on behalf of the poor for an ideal which has no practical effects. On the contrary, we are talking about freeing oneself from a delusion in order to base oneself squarely on the Gospel and its power of realization.

One of the conditions for necessary theological correction is giving proper value to the social meaning of the Church. This teaching is by no means closed. It is, on the contrary, open to all the new questions which are so numerous today. In this perspective, the contribution of theologians and other thinkers in all parts of the world to the reflection of the Church is indispensable today.

Impatience and a desire for results has led certain Christians, despairing of every other method, to turn to what they call "Marxist analysis. " . Their reasoning is this: an intolerable and explosive situation requires effective action which cannot be put off. Effective action presupposes a scientific analysis of the structural causes of poverty. Marxism now provides us with the means to make such an analysis, they say.

It is true that Marxist thought ever since its origins, and even more so lately, has become divided and has given birth to various currents which diverge significantly from each other. To the extent that they remain fully Marxist, these currents continue to be based on certain fundamental tenets which are not compatible with the Christian conception of humanity and society. In this context, certain formulas are not neutral, but keep the meaning they had in the original Marxist doctrine. This is the case with the "class-struggle." This expression remains pregnant with the interpretation that Marx gave it, so it cannot be taken as the equivalent of "severe social conflict", in an empirical sense. Those who use similar formulas, while claiming to keep only certain elements of the Marxist analysis and yet to reject the analysis taken as a whole, maintain at the very least a serious confusion in the minds of their readers.

Let us recall the fact that atheism and the denial of the human person, his liberty and rights, are at the core of the Marxist theory. This theory, then, contains errors which directly threaten the truths of the faith regarding the eternal destiny of individual persons. Moreover, to attempt to integrate into theology an analysis whose criterion of interpretation depends on this atheistic conception is to involve oneself in terrible contradictions. What is more, this misunderstanding of the spiritual nature of the person leads to a total subordination of the person to the collectivity, and thus to the denial of the principles of a social and political life which is in keeping with human dignity.

When modes of interpretation are applied to the economic, social, and political reality of today, which are themselves borrowed from Marxist thought, they can give the initial impression of a certain plausibility, to the degree that the present-day situation in certain countries is similar to what Marx described and interpreted in the middle of the last century. On the basis of these similarities, certain simplifications are made which, abstracting from specific essential factors, prevent any really rigorous examination of the causes of poverty and prolong the confusion.

In its positive meaning the Church of the poor signifies the preference given to the poor, without exclusion, whatever the form of their poverty, because they are preferred by God. The expression also refers to the Church of our time, as communion and institution and on the part of her members, becoming more fully conscious of the requirement of evangelical poverty.

But the "theologies of liberation", which reserve credit for restoring to a place of honor the great texts of the prophets and of the Gospel in defense of the poor, go on to a disastrous confusion between the poor of the Scripture and the proletariat of Marx. In this way they pervert the Christian meaning of the poor, and they transform the fight for the rights of the poor into a class fight within the ideological perspective of the class struggle . For them the Church of the poor signifies the Church of the class which has become aware of the requirements of the revolutionary struggle as a step toward liberation and which celebrates this liberation in its liturgy .

A further remark regarding the expression, Church of the People, will not be out of place here. From the pastoral point of view, this expression might mean the favored recipients of evangelization to whom, because of their condition, the Church extends her pastoral love first of all. One might also refer to the Church as people of God, that is, people of the New Covenant established in Christ.

 But the "theologies of liberation" mean by Church of the People a Church of the class, a Church of the oppressed people whom it is necessary to "conscientize" in the light of the organized struggle for freedom. For some, the people, thus understood, even become the object of faith.

Building on such a conception of the Church of the People, a critique of the very structures of the Church is developed. It is not simply the case of fraternal correction of pastors of the Church whose behavior does not reflect the evangelical spirit of service and is linked to old-fashioned signs of authority which scandalize the poor. It has to do with a challenge to the sacramental and hierarchical structure of the Church, which was willed by the Lord Himself.

The partisan conception of truth, which can be seen in the revolutionary praxis of the class, corroborates this position. Theologians who do not share the theses of the "theology of liberation", the hierarchy, are thus discredited in advance as belonging to the class of the oppressors. Their theology is a theology of class. Arguments and teachings thus do not have to be examined in themselves since they are only reflections of class interests. Thus, the instruction of others is decreed to be, in principle, false.

The new hermeneutic inherent in the "theologies of liberation" leads to an essentially political re-reading of the Scriptures. Thus, a major importance is given to the Exodus event inasmuch as it is a liberation from political servitude. Likewise, a political reading of the "Magnificat" is proposed. The mistake here is not in bringing attention to a political dimension of the readings of Scripture, but in making of this one dimension the principal or exclusive component. This leads to a reductionist reading of the Bible.

Faith in the Incarnate Word, dead and risen for all men, and whom "God made Lord and Christ" is denied. In its place is substituted a figure of Jesus who is a kind of symbol who sums up in Himself the requirements of the struggle of the oppressed.

An exclusively political interpretation is thus given to the death of Christ. In this way, its value for salvation and the whole economy of redemption is denied.

 In a general way, this brings about what can be an inversion of symbols. Thus, instead of seeing, with St. Paul, a figure of baptism in the Exodus some end up making of it a symbol of the political liberation of the people.

Thus a great call goes out to all the Church: with boldness and courage, with far-sightedness and prudence, with zeal and strength of spirit, with a love for the poor which demands sacrifice, pastors will consider the response to this call a matter of the highest priority, as many already do.

The Catholic church provides a comprehensive set of guidelines in their " Compendium of Social Doctrine" : Section 12 says thus :

12. This document is proposed also to the brethren of other Churches and Ecclesial Communities, to the followers of other religions, as well as to all people of good will who are committed to serving the common good : may they receive it as the fruit of a universal human experience marked by countless signs of the presence of God's Spirit. It is a treasury of things old and new (cf. Mt 13:52), which the Church wishes to share, in thanksgiving to God, from whom comes "every good endowment and ever perfect gift" ( Jas 1:17). It is a sign of hope in the fact that religions and cultures today show openness to dialogue and sense the urgent need to join forces in promoting justice, fraternity, peace and the growth of the human person.

Out Attitudes Determine Our Altitude

 

INTRODUCTION
 

1. The world wants to be on the side of victory but the appalling results worldwide indicate to us that these desirable goals are not being met.

2. In order to be victorious we need to realize that God made us in His image yet we have to follow His rules that balance mind, body and spirit in order to get optimum results. The more we worship human intellect and ignore God, more appalling results will follow.

3. One such area that makes us win or lose is our Attitudes that need to be closely monitored. All the talent in the world cannot make up for the wrong attitudes.

With the right attitudes, our efforts in service to the Lord are enhanced and live up to their full  potential

4. Apart from our attitudes toward God we need to be concerned about our attitudes towards:

a. ourselves as individuals

b. toward our colleagues

c. toward the work we do together
 

I. ATTITUDES TOWARD OUR SELVES
 

A. HUMILITY...

1. A humble estimation of one's self is very important - Ro 12:3,16

2. Humility includes a willingness to serve, even to do "menial" tasks - Jn 13:6-17

3. "Show me a man who cannot bother to do little things and I'll show you a man who cannot
 

B. TEACHABILITY...

1. To be teachable is to be wise -Pro 15:31,32

2. Teachability includes:

a. An eagerness to learn and grow

b. The ability to learn from correction, to profit from advice and criticism

3. The old as well as the young need a teachable attitude
 

C. HONESTY TOWARD OUR MISTAKES...

1. This includes a willingness to admit our mistakes - cf. Ja 5:16

2. And a willingness to correct them

--Everyone makes a mistakes; a congregation that functions well and grows is one

filled with people who learn from their mistakes!

 

II. ATTITUDES TOWARD OUR COLLEAGUES

 
A. LOVE...

1. Jesus taught us the necessity of loving our brethren -Jn 13:34-35

2. We have been born again that we might love one another fervently -1 Pe 1:22-23

--If we truly love one another, how can we not work together?
 

B. COOPERATION...

1. This involves a willingness to work together, as God intended -1 Co 12:21

2. We need to be able not only to work, but to work together!

3. "It marks a big step in a man's development when he comes to realize that other men can  be called on to help him do a better job than he can do alone." (Andrew Carnegie)

-- Where there is cooperation, a good way of doing things will be more productive

than a better way of doing thing where cooperation does not exist!
 

C. APPRECIATION FOR OTHERS AND THEIR WORK...

1. We need to appreciate what others are doing - e.g., 1 Co 1:14; 1 Th 5:12,13

2. True appreciation for others will eliminate destructive criticism, gossip, divisiveness

--Expressing appreciation is like grease on the gears of a machine...it makes others

do their work much better!
 

D. HOSPITALITY...

1. Christians are to be hospitable -Ro 12:13

2. This includes both hospitality to strangers and to brethren - cf. He 13:2; 1 Pe 4:9

-- A factor in the rapid spread of the church in the first century was the hospitality

extended by the Christians - cf. 3 Jn 5-8
 

E. WARMTH, FRIENDLINESS, OPENNESS...

1. We see this expressed by those in the church at Jerusalem -Ac 2:44-47

2. It continued with the saints in Antioch -Ac 11:27-30
 

F. GENTLENESS, MEEKNESS...

1. Especially necessary in dealing with the spiritual weak -Ga 6:1

2. But also in dealing with those who oppose us -2 Ti 2:24-26

 

III. ATTITUDES TOWARD OUR WORK
 

A. GRATITUDE FOR THE PRIVILEGE OF OUR WORK...

1. Paul certainly possessed this attitude -1 Ti 1:12; 1 Co 15:9,10

2. Do we appreciate what an honor it is to offer service in kingdom of our Lord?
 

B. ENTHUSIASM, EAGERNESS...

1. Remember, God loves a cheerful giver -2 Co 9:7

2. Nothing is so easy but that it becomes difficult if done with reluctance

3. Nothing is so hard that it cannot be made easier with enthusiasm
 

C. INDUSTRIOUSNESS, DILIGENCE, ENERGY...

1. Like those in Nehemiah's day, we need a "mind to work" - Neh 4:6

2. If we are to serve men "heartily", how much more the Lord - Co 3:23

3. Some people are like blisters...they never show up until the work is almost done

4. The slothful person is just as harmful as the destructive person -Pro 18:9
 

D. POSITIVENESS...

1. We are to do things without murmuring and grumbling -Ph 2:14

2. The chronic complainer and the negative thinker are obstructions to the work of a

congregation
 

E. PERSISTENCE...

1. We must have the attitude of Christ, not just to do, but to finish the work of God -Jn 4:34

2. We need "finishative" as well as "initiative" - cf. He 6:12

3. Then we can say with Paul: "I have fought the good fight, I have finished the race, I have  kept the faith." -2 Ti 4:7

Spe Salvi Facti Sumus

Spe Salvi facti sumus……in hope we were saved: A great message during this Advent Season

Tue, 2007-12-11 03:44 -Asian Tribune

By Prof. Lakshman Madurasinghe

Pope Benedict's latest encyclical is a timely reminder of the value of hope and a challenge to Christian Legal Theorists as well.

Pope Benedict who has distinguished himself as an accomplished Theologian of our era has displayed his erudition once again with a scholarly exposition on hope which will undoubtedly re-kindle the hope in his readers at a time when many people in the world are struggling without faith and hope.

It is also timely that he chose to release it during the season of advent when the coming of Jesus as the redeemer is heralded worldwide. Redemption being the central theme of this Encyclical, it deals with a subject not alien to the law and therefore no stranger to Catholic legal thought and theory. These inputs are invaluable for the Catholic legal theorist who must grapple with the question of how the law and legal systems can best serve the development and flourishing of the human person who is created in God's image, Imago Dei, and revealed to us in the person of Christ.

In the encyclical about hope running into about 75 pages, Pope Benedict is not proposing a facile hope in heaven undoing injustices of life on earth. Indeed, this is where he brings in Dostoyevsky. The Pope asserts that "the last Judgment is not primarily an image of terror, but an image of hope". A world without God is a world without hope, and "God is justice". Only God can provide the justice that sustains hope in the better future­the eternal life­for one and all. "God is justice and creates justice. This is our consolation and our hope. And in his justice there is also grace. This we know by turning our gaze to the crucified and risen Christ. Both these things­justice and grace­must be seen in their correct inner relationship."

With justice comes grace, yet "grace does not cancel out justice. It does not make wrong into right. It is not a sponge which wipes everything away, so that whatever someone has done on Earth ends up being of equal value. Dostoyevsky, for example, was right to protest against this kind of Heaven and this kind of grace in his novel "The Brothers Karamazov". Evildoers, in the end, do not sit at table at the eternal banquet beside their victims without distinction, as though nothing had happened."

Elaborating on the resurrection of the flesh he goes on to say in section 43 that there is justice. There is an 'undoing' of past suffering, reparation that sets things aright. For this reason, faith in the Last Judgment is first and foremost hope­the need for which was made abundantly clear in the upheavals of recent centuries. He is convinced that the question of justice constitutes the essential argument, or in any cases the strongest argument, in favor of faith in eternal life. The purely individual need for a fulfillment that is denied to us in this life, for an everlasting love that we await, is certainly an important motive for believing that man was made for eternity; He further explains that to protest against God in the name of justice is not helpful. A world without God is a world without hope (cf. Eph 2:12). Only God can create justice. And faith gives us the certainty that he does so"

Spe Salvi facti sumus…..In hope we were saved, says Saint Paul to the Romans, and likewise to us (Rom 8:24). According to the Christian faith, redemption is offered to us in the sense that we have been given hope, trustworthy hope, by virtue of which we can face our present: the present, even if it is arduous, can be lived and accepted if it leads towards a goal, if we can be sure of this goal, and if this goal is great enough to justify the effort of the journey.

The Pope's fundamental point is about the goal of redemption for humanity and the corresponding responsibility of hope in the reaching this objective­an objective that relies on but does not depend ultimately on human institutions such as the law. He illustrates the right relation between God and human enterprise in this endeavor. And proceeding to justice requires hope and patience on behalf of the human family­as Benedict states, "The dark door of time, of the future, has been thrown open. The one who has hope lives differently; the one who hopes has been granted the gift of a new life."

Spe Salvi instructs readers that the Christian message is not only "informative" but also "performative, " that is, "the Gospel is not merely a communication of things that can be known – it is one that makes things happen and is life-changing," Pope Benedict says. It is in receiving God through Jesus Christ that we receive hope. He illustrates this point narrating the life of the African slave, St. Josephine Bakhita. He uses the images of the downcast, the slave, and those on the margins of society to reinforce the theme of hope in the one who came to save us all so that we may be redeemed and live with Him forever.

The Holy Father takes note of the human alternatives that exist in this word to achieve one type of freedom that can liberate the marginalized­an endeavor with which the law has a great interest. But as he argues throughout the letter, the forms of liberation that rely solely on human resources are imperfect: "Faith draws the future into the present, so that it is no longer simply a 'not yet'. The fact that this future exists changes the present; the present is touched by the future reality, and thus the things of the future spill over into those of the present and those of the present into those of the future." For Benedict, there must be a renunciation of exclusive reliance on the things of this world to provide authentic relief to those who suffer in this world:

Engaging in a deeper analysis of Heb 11: 1 " faith is the substance of things hoped for and evidence of things not seen" he uses the un- translated word used for substance- hypostasis- Faith is the hypostasis of things hoped for; the proof of things not seen". He elaborates that the "substance"­there are already present in us the things that are hoped for: the whole, true life. And precisely because the thing itself is already present, this presence of what is to come also creates certainty: this "thing" which must come is not yet visible in the external world (it does not "appear"), but because of the fact that, as an initial and dynamic reality, we carry it within us, a certain perception of it has even now come into existence.

He very rightly elaborates that to Luther, who was not particularly fond of the Letter to the Hebrews, the concept of "substance", in the context of his view of faith, meant nothing. For this reason he understood the term hypostasis/substance not in the objective sense (of a reality present within us), but in the subjective sense, as an expression of an interior attitude, and so, naturally, he also had to understand the term argumentum as a disposition of the subject. Faith is not merely a personal reaching out towards things to come that are still totally absent: it gives us something. It gives us even now something of the reality we are waiting for, and this present reality constitutes for us a "proof" of the things that are still unseen. Faith draws the future into the present, so that it is no longer simply a "not yet".

The fact that this future exists changes the present; the present is touched by the future reality, and thus the things of the future spill over into those of the present and those of the present into those of the future. This new freedom, the awareness of the new "substance" which we have been given, is revealed not only in martyrdom, in which people resist the overbearing power of ideology and its political organs and, by their death, renew the world. Above all, it is seen in the great acts of renunciation, from the monks of ancient times to Saint Francis of Assisi and those of our contemporaries who enter modern religious Institutes and movements and leave everything for love of Christ, so as to bring to men and women the faith and love of Christ, and to help those who are suffering in body and spirit. In their case, the new "substance" has proved to be a genuine "substance"; from the hope of these people who have been touched by Christ, hope has arisen for others who were living in darkness and without hope. In their case, it has been demonstrated that this new life truly possesses and is "substance" that calls forth life for others.

For this to make sense, the Pope acknowledges that redemption, and the human role in it (through hope in God) must understand what life, including eternal life, means. This is where the role of Jesus's salvific mission must be taken into account for it means something to the existence of every person whose life begins in this world but will continue elsewhere.

Inspired by the writing of Henri de Lubac, the Pope distills the essence of human existence by identifying the individual and social nature of hope, faith, salvation, and redemption: "salvation has always been considered a 'social' reality." For Benedict, sin­the product of human free will­destroys the unity of the human race by fragmenting the person and the society in which he or she lives. The Pope sees a remedy to this problem of fragmented liberty: it is redemption which reestablishes the unity in which individuals come together in a union that begins to take shape in the community of believers.

The Holy Father also notes the importance of Christian faith-hope in the modern age. In the encyclical letter, Pope Benedict analyzes the false utopian dreams of the modern age and points out the untold suffering they have caused human beings. From this point of view, redemption is no longer through faith in God's saving action but from what human beings can achieve through the application of technical knowledge to all of society's problems. A praxis-oriented science draws on an understanding of progress as the overcoming of all dependency to make room for a "kingdom" in which God is no longer at the center. It is not that faith is simply denied; rather it is displaced onto another level. Thus hope too… acquires a new form. Now it is called: faith in progress. For Bacon, it is clear that the recent spate of discoveries and inventions is just the beginning; through the interplay of science and praxis, totally new discoveries will follow, a totally new world will emerge, the kingdom of man.

It is this "kingdom of man" in which Benedict argues the purely political departs from the exercise of right reason that leads all to the eternal life and the Kingdom of God. He relies upon illustrations from the French Revolution and Marxist theory and praxis to make his point convincing. While promising "freedom," both of these political events removed authentic freedom for reason.

What are critical to the success of the Holy Father's proposition are two further realizations. The first is that right state of human affairs cannot be guaranteed by human-designed structures alone even while acknowledging their merits. Second, it is essential to understand the essence of human freedom: "the kingdom of good will never be definitively established in this world. Anyone who promises the better world that is guaranteed to last for ever is making a false promise; he is overlooking human freedom. Freedom must constantly be won over for the cause of good. Free assent to the good never exists simply by itself. If there were structures which could irrevocably guarantee a determined­good­state of the world, man's freedom would be denied, and hence they would not be good structures at all."

He cautions us that it is not "science" that redeems us; rather, it is love, specifically the love of God in Jesus Christ, the one who came to save us all. Moreover, this love is the source of all life­both now and in the future. This love characterizes a crucial relation in human beingness, relation with our Savior. But this love which takes us into the eternal life also has a role in the life of this world. As Benedict states: "[Christ] commits us to live for others, but only through communion with him does it become possible truly to be there for others, for the whole."

Atheism may be "understandable" when mankind is confronted with evil and suffering, but the attempt to banish God, he wrote, "has led to the greatest forms of cruelty and violations of justice," whether through Marxist revolution or the science that produced the atomic bomb.

In section 5 he says… "It is not . . . the laws of matter, which ultimately govern the world and mankind, but a personal God governs the stars, that is, the universe; it is not the laws of matter and of evolution that have the final say, but reason, will, love­a Person. And if we know this Person and he knows us, then truly the inexorable power of material elements no longer has the last word; we are not slaves of the universe and of its laws, we are free. In ancient times, honest enquiring minds were aware of this. Heaven is not empty. Life is not a simple product of laws and the randomness of matter, but within everything and at the same time above everything, there is a personal will, there is a Spirit who in Jesus has revealed himself as Love".

As he has often done in his writings, Benedict emphasizes his points in several passages by summing up the arguments against God as well as any doubter could. In section 31 speaking of the Kingdom, he explains "His Kingdom is not an imaginary hereafter, situated in a future that will never arrive; his Kingdom is present wherever he is loved and wherever his love reaches us. His love alone gives us the possibility of soberly persevering day by day, without ceasing to be spurred on by hope, in a world which by its very nature is imperfect. His love is at the same time our guarantee of the existence of what we only vaguely sense and which nevertheless, in our deepest self, we await: a life that is 'truly' life.

He wanted the Protestants to take note that we cannot­to use the classical expression­'merit' Heaven through our works. Heaven is always more than we could merit, just as being loved is never something 'merited', but always a gift ".

"But then the question arises: do we really want this ­ to live eternally?" he asked. "Perhaps many people reject the faith today simply because they do not find the prospect of eternal life attractive."

He continued, "To continue living for ever ­ endlessly ­ appears more like a curse than a gift," before describing a heaven that is not, as he put it, "monotonous and ultimately unbearable."

"It would be like plunging into the ocean of infinite love, a moment in which time ­ the before and after ­ no longer exists," he wrote. "We can only attempt to grasp the idea that such a moment is life in the full sense, a plunging ever anew into the vastness of being, in which we are simply overwhelmed with joy."

He urges people to continue to pray: "When no one listens to me any more, God still listens to me. When I can no longer talk to anyone or call upon anyone, I can always talk to God. When there is no longer anyone to help me deal with a need or expectation that goes beyond the human capacity for hope, he can help me. When I have been plunged into complete solitude ...; if I pray I am never totally alone.

May these thoughts inspire you during Christmas and encourage you never to lose hope.


- Asian Tribune -