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THE FOUR LAST THINGS: VI. On the Loss of the Beatific Vision of God.
catholictradition.org ^ | FATHER MARTIN VON COCHEM, O.S.F.C.
Posted on 04/28/2009 9:00:27 PM PDT by GonzoII
THE FOUR LAST THINGS ---- DEATH, JUDGMENT, HELL and HEAVEN
FATHER MARTIN VON COCHEM, O.S.F.C.
Father Martin von Cochem was born at Cochem, on the Moselle,
in the year 1625, and died at Waghausel in 1712.
"Remember thy last end, and thou shalt never sin."
HOLY REDEEMER LIBRARY
Nihil Obstat: Thomas L Kinkead, Censor Liborium
Imprimatur: Michael Augustine --- Archbishop of New York (New York October 5, 1899)
Copyright, 1899, by Benziger Brothers
PART III. ON HELL.
VI. On the Loss of the Beatific Vision of God.
WE have already spoken of many and very terrible chastisements inflicted on the damned, but these are but a very insignificant portion of the whole. They are countless in number; and so great and awful that, as St. Augustine says, all the suffering of this world is as nothing when compared with the everlasting fire and torments of Hell.
Just as the Apostle Paul says: "Eye hath not seen, nor ear heard, neither hath it entered into the heart of man, what things God hath prepared for them that love Him," so it may be said: Eye hath not seen, nor ear heard, what punishments God hath prepared for those on whom His just judgments fall. And when we read the fearful chastisements wherewith God threatens to overwhelm, even in this world, the transgressors of His holy law, may we not feel sure that He will pour out all the fury of His anger upon those bold sinners who set at naught His warnings, and with fiendish malice, persist in their iniquity unto their life's end?
Remember what God said to the people of Israel: "A fire is kindled in My wrath, and shall burn even to the lowest Hell; and shall devour the earth with her increase, and shall burn the foundations of the mountains. I will heap evils upon the transgressors of My law, and will spend My arrows among them. They shall be consumed with famine, and birds shall devour them with a most bitter bite; I will send the teeth of beasts upon them, with the fury of serpents. Without the sword shall lay them waste, and terror within, both the young man and the virgin, the sucking child with the man in years" (Deut. xxxii. 22-25).
Holy Scripture contains many similar and equally appalling menaces. There is no doubt that in the next world, where justice, not mercy, will rule, God will chastise the insolent violators of His holy commandments with an unsparing hand. The punishments of eternity will be without number and without limit. The damned will be encompassed with trouble and sorrow, with agony and torments innumerable. St. Bernard says the pains of the damned are countless, no mortal tongue can enumerate them.
Yet of all these pains, that which gives the keenest anguish is being deprived of the vision of God. It will never be given to the damned to behold the Divine countenance. This pain will far outweigh all the other torments of which we have spoken.
It is impossible for mortal man to understand how this can be so great an affliction for the damned.
Yet such is the teaching of the Fathers ; they all maintain that there is nothing which the lost bewail so bitterly as being shut out forever from the vision of God. Whilst we live in this world, we think but little of the vision of God, and what it would be to us to be deprived of it eternally. This arises from the bluntness of our perception, which prevents us from comprehending the infinite beauty and goodness of God, and the delight experienced by those who behold Him face to face. But after death, when we are freed from the trammels of the body, our eyes will be opened, and we shall at least to some extent perceive that God is the supreme and infinite Good, and the enjoyment of Him our highest felicity.
And then such an eager desire will take possession of our soul to gaze upon and enjoy this supreme Good, that she will be irresistibly drawn to God, and will long with all her powers to contemplate His ineffable beauty. And if on account of her sins she is deprived of this beatific vision, it will cause her the most intense anguish. No grief, no torture known in this world can be in any wise likened to it.
St. Bonaventure bears witness to this, when he says: "The most terrible penalty of the damned is being shut out forever from the blissful and joyous contemplation of the Blessed Trinity." Again, St. John Chrysostom says: "I know many persons only fear Hell because of its pains, but I assert that the loss of the celestial glory is a source of more bitter pain than all the torments of Hell."
The evil one himself was made to acknowledge this, as we read in the legends of Blessed Jordan, at one time General of the Dominican Order. For when Jordan asked Satan, in the person of one who was possessed, what was the principal torment of Hell, he answered: "Being excluded from the presence of God." "Is God then so beautiful to look upon?" Jordan inquired. And on the devil replying that He was indeed most beautiful, he asked further: "How great is His beauty?" "Fool that thou art," was the rejoinder, "to put such a question to me! Dost thou not know that His beauty is beyond compare?" "Canst thou not suggest any similitude," Jordan continued, "which may give me to some extent at least an idea of the Divine beauty?" Then Satan said: "Imagine a crystal sphere a thousand times more brilliant than the sun, in which the loveliness of all the colors of the rainbow, the fragrance of every flower, the sweetness of every delicious flavour, the costliness of every precious stone, the kindliness of men and the attractiveness of all the Angels combined; fair and precious as this crystal would be, in comparison with the Divine beauty, it would be unsightly and impure."
"And pray," the good monk inquired, "what wouldst thou give to be admitted to the vision of God?" And the devil replied: "If there were a pillar reaching from earth to Heaven, beset with sharp points and nails and hooks, I would gladly consent to be dragged up and down that pillar from now until the Day of Judgment, if I could only be permitted to gaze on the Divine countenance for a few brief moments."
Hence we may gather how infinite is the beauty of the face of God, if even the spirit of evil would submit to such physical torture as he describes for the sake of enjoying for a few moments the sight of that gracious and majestic countenance. There is therefore no doubt that nothing is a source of such anguish to the devils and the damned as being deprived of the beatific vision of God.
Consequently, if God were to send an Angel to the portals of Hell, with this message to the wretched denizens of that place of torment: "The Almighty has in His mercy had compassion on you, and He is willing you should be released from one of the penalties you endure; which shall it be?" What thinkest thou would be the reply? They would all as one man exclaim: "O good Angel, pray God that if only of His bounty He would no longer deprive us of the sight of His countenance! "This is the one favour they would implore of God. Were it possible for them, in the midst of Hell-fire, to behold the Divine countenance, for the joy of it they would no longer heed the devouring flames. For the vision of God is so beauteous, so blissful, so full of rapture and infinite delight, that all the joys and attractions of earth cannot compare with it in the remotest degree.
In fact, all celestial happiness, how greatsoever it might be, would be turned to bitterness if the vision of God was wanting; and the redeemed would choose rather to be in Hell, if they could there enjoy that Beatific Vision, than be in Heaven without it. Just as the privilege of be holding the Divine countenance constitutes the chief felicity of the blessed, the one without which all others would be no happiness at all, so it is the chief misery of Hell, that the lost souls should for ever be excluded from it. On this subject St. John Chrysostom says: "The torments of a thousand Hells are nothing in comparison to the anguish of being banished from everlasting bliss and the vision of God."
To realize, in some measure, how great this pain of loss is, we should bear in mind that we have been created by God to be forever happy. This love of happiness, this yearning for it, which every one of us feels in his heart, will never be destroyed, not even in Hell. During this life men, impelled by this desire and blinded by passion, seek happiness in riches, in honours, in sensual gratification. These vain images of happiness deceive us so long as our soul is united with our body. But after the soul has severed her connection with the body, all these false, fleeting pleasures disappear, and she becomes aware that God alone is the source of all happiness, and that she can find happiness solely in the possession of Him.
No longer deceived by false appearances, no longer blinded by passion, she perceives clearly the ineffable, ravishing beauty of God and His infinite perfections ; she sees His infinite power in creating the world, His infinite wisdom in governing it, His excessive love for her in be coming man, in dying for her, in giving Himself to her as the food of her soul in the Blessed Sacrament, in destining her to share His own happiness forever in Heaven. This knowledge of the grandeur, of the goodness and loveliness of God will remain deeply impressed on her for all eternity. She will also see the justice of the punishments which God inflicts forever in Hell upon all those who do not keep His commandments.
Then the reprobate soul, yearning after happiness, and feeling irresistibly drawn to God, who alone can make her happy, endeavours to rush to God with all the impetuosity of her nature, in order to behold Him, to enjoy Him, to be united to Him; but she finds herself repelled with infinite force from God, and hated by Him on account of her sins. Were all the riches, honours and pleasures of the world now offered to that soul, she would turn away from them, and would even curse them all, for she yearns for God alone, and can be happy only in God.
The reprobate soul in Hell, spurred on by frightful pains, looks about her for some alleviation, for some word of comfort; but not even a sympathizing look greets her, for she is surrounded by cruel devils and bitter enemies. Not meeting with any compassion where she is, she raises her eyes to Heaven, and beholds it so beautiful, so enchanting, so delightful, so full of true happiness. She remembers that she was created and destined to enjoy its bliss, and now, in the midst of her most excruciating pains, she longs for its pleasures with a still more indescribable yearning, and makes extraordinary efforts to go there, but she cannot leave her abode of torment.
No one in Heaven seems to take any notice of her. She sees the throne that God, in His goodness, had prepared for her, now occupied by someone else ! There is no longer any room for her in Heaven. She beholds there some of her relatives, of her companions and acquaintances; but they do not heed her. She beholds all the elect in Heaven full of joy and gladness. They do not even sympathize with her, but as the Psalmist sings, "the just will rejoice when he shall see the revenge" (Ps. Ivii. ii).
In vain the reprobate soul calls on the Saints, on the Blessed Virgin and on our Divine Saviour Himself. She feels drawn to God by an irresistible impulse, and understands that God alone can quench her thirst for enjoyment and make her happy. She longs to see and possess Him; she repeatedly endeavours to spring towards Him, but she feels herself repulsed by Him with invincible force; she beholds herself the object of Divine wrath, of the Divine anathema. She is aware that her case is hopeless, and that she shall never be admitted into the mansions of the blessed, or leave the abode of endless misery.
Despair seizes her; she utters the most fearful imprecations against God and the elect, against Heaven, against herself, her parents, her companions, against all creatures. All Hell resounds with her horrid blasphemies, and she becomes, in her ravings, an object of terror to all the other reprobates.
www.catholictradition.org/Classics/4last-things3f.htm
TOPICS: Catholic; Theology
KEYWORDS: thefourlastthings
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Complete title: THE FOUR LAST THINGS ---- DEATH, JUDGMENT, HELL and HEAVEN
1 posted on 04/28/2009 9:00:27 PM PDT by GonzoII
To: GonzoII
This is exactly the news we all need to hear.
It is precisely the last thing one would hear in a mainstream Catholic Church nowadays.
The difference between the world of yore and ours is that most people, Catholic or not, had this sort of theology in their database.
Like it, love it, hate it, or be indifferent to it; it nevertheless was the coin of their daily meditation and thought. It colored their speech and influenced their legislation.
We have lost this, and now anyone who propounds it is a pariah; nevertheless it is the order of the Universe.
2 posted on 04/28/2009 9:14:34 PM PDT by caddie ("Every cat is a masterpiece." -- Leonardo da Vinci)
I'm sorry that I missed the earlier titles.
3 posted on 04/28/2009 9:20:20 PM PDT by diamond6 (Is SIDS preventable? www.Stopsidsnow.com)
Don't forget to mention what fate befalls all the babies, born and unborn, who die without Catholic baptism:
The Limbo of Infants is a hypothesis about the permanent status of the unbaptized who die in infancy, too young to have committed personal sins, but not having been freed from original sin.
Since at least the time of Augustine, theologians, considering baptism to be necessary for the salvation of those to whom it can be administered have debated the fate of unbaptized innocents, and the theory of the Limbo of Infants is one of the hypotheses that have been formulated as a proposed solution.
Some who hold this theory regard the Limbo of Infants as a state of maximum natural happiness, others as one of "mildest punishment" consisting at least of privation of the beatific vision and of any hope of obtaining it. This theory, in any of its forms, has never been dogmatically defined by the Church, but it is permissible to hold it.
Recent Catholic theological speculation tends to stress the hope that these infants may attain heaven instead of the supposed state of Limbo; however, the directly opposed theological opinion also exists, namely that there is no afterlife state intermediate between salvation and damnation, and that all the unbaptized are damned.
4 posted on 04/29/2009 6:02:49 AM PDT by T Minus Four (Ashes on the head are for mourning the dead; my God lives, Hallelujia!!)
To: T Minus Four
"Recent Catholic theological speculation tends to stress the hope that these infants may attain heaven instead of the supposed state of Limbo; however, the directly opposed theological opinion also exists, namely that there is no afterlife state intermediate between salvation and damnation, and that all the unbaptized are damned."
1261 As regards children who have died without Baptism, the Church can only entrust them to the mercy of God, as she does in her funeral rites for them. Indeed, the great mercy of God who desires that all men should be saved, and Jesus' tenderness toward children which caused him to say: "Let the children come to me, do not hinder them," 64 allow us to hope that there is a way of salvation for children who have died without Baptism. All the more urgent is the Church's call not to prevent little children coming to Christ through the gift of holy Baptism. Source: Catechism of the Catholic Church
5 posted on 04/29/2009 7:49:02 AM PDT by GonzoII ("That they may be one...Father")
Source: Catechism of the Catholic Church
I am quite familiar with the Catechism of the Catholic Church.
I also have two stillborn siblings buried, without names, in unmarked graves.
"I also have two stillborn siblings buried, without names, in unmarked graves."
Many people have lost siblings to still births, my sympathies; what does that have to do with your spreading untruth about the Catholic Church, after all you admit you have the catechism.
I'm taking it you wanted to lead people into believing that The Catholic Church teaches that unbaptized infants burn in hell...?
Well sure, the CURRENT version of the catechism. It really all depends on who you ask and when you asked it.
Some Church leaders have commented on the fate of unbaptized infants:
4th century CE: St. Gregory of Nazianzus (circa 329 - circa 390) commented in Orat., XL, 23 that infants dying without baptism "will neither be admitted by the just judge to the glory of Heaven nor condemned to suffer punishment, since, though unsealed [by baptism], they are not wicked." This was the common view of the early Church Fathers.
Pope St. Siricius insisted on the baptism of infants as well as adults lest "each one of them on leaving the world, loses both [eternal] life and the kingdom."
5th century CE: St. Augustine of Hippo (354 - 430) convinced the Council of Carthage (418 CE) to reject the concept of limbo "of any place...in which children who pass out of this life unbaptized live in happiness." According to the Catholic Encyclopedia: "St. Augustine and the African Fathers believed that unbaptized infants share in the common positive misery of the damned, and the very most that St. Augustine concedes is that their punishment is the mildest of all." i.e. they go to Hell for eternal punishment, but are not as badly treated as other inmates. According to Revelation 14:10, the infants would be tortured in the presence of Jesus. However, this verse is ambigous about whether Jesus is directing or merely observing the torture.
11th century: St. Anselm (1033 - 1109 CE) supported St. Augustine's belief that "unbaptized children share in the positive sufferings of the damned [in Hell]."
12th century: Peter Abelard (1079 - 1142) deviated from St. Augustine by rejecting material torment (poena sensus) and retained only the pain of loss (poena damni) as the eternal punishment of unbaptized infants for their original sin.
13th century: St Thomas Aquinas (1226-1274), who was the first major theologian to speculate about the existence of a place called limbo. Its name is derived from the Latin limbus which means "hem" or "edge". There, on the edge of heaven, the unbaptised would exist in a state of what he described as "natural happiness".
14th century: Pope John XXII's issued an Epistle to the Armenians in 1321 CE. Fr. Brian W. Harrison writes that the Epistle, along with two earlier ecumenical councils:
"... teach that the souls of those who die in original sin ... go down without delay into Hell' where, however, they suffer 'different punishments' from those who die in actual mortal sin."
Harrison suggests that this "... could only be infants and the mentally retarded who never reach the use of reason," and who were never baptized. Presumably, the "different punishments" would involve a lighter level of torture of the infants than is experienced by adults who die in moral sin.
15th century: Later writers, {e.g. Griolamo Savonarola (1452 - 1498) and Ambrose Catharinus (16th century)} believed that "the souls of unbaptized children will be united to glorious bodies at the Resurrection."
The Ecumenical Council of Florence wrote in 1442: "Regarding children, indeed, because of danger of death, which can often take place, since no help can be brought to them by another remedy than through the sacrament of baptism, through which they are snatched from the domination of the devil and adopted among the sons of God, [the Church] advises that holy baptism ought not to be deferred for forty or eighty days, ... but it should be conferred as soon as it can be done conveniently."
16th century: Cardinal Cajetan speculated that unbaptized newborns, fetuses, etc people may benefit from a "vicarious baptism of desire." i.e. even though an actual baptism may not have occurred, it might have been desired by the parents, or the church or by someone else. "desired baptism" which had never actually been conducted might have the same power as a real sacrament.
Pope Sixtus V declared in a papal statement that aborted fetuses do not attain the beatific vision in Heaven. From the content of his statement, it appears that newborn and infants who die before being baptized suffer the same fate.
The Council of Trent stated that justification includes the remission of original sin in infants as well as moral sin in adults. They state that justification "cannot take place without the washing of regeneration [i.e. baptism] or the desire for it." Since infants cannot have a desire for baptism, it would appear that only baptism will make it possible for an infant to attain heaven at death.
18th century: A group known as the Jansenists reverted to St. Augustine's belief. They rejected the idea of Limbo in favor of eternal torture of unbaptized infants, etc. in Hell. In response, Pope Pius VI wrote Auctorem Fidei in 1794. It condemned their teaching as being "false, rash, and injurious to Catholic education" because they denied the existence of a place "which the faithful generally designate by the name of limbo for children." Pope Pius VI implied that there are two possibilities: that unbaptized infants might spend eternity comfortably in Limbo or they might spend it being tortured in Hell. The Jansenists' denial of the possibility of Limbo was un-Catholic. 19th century: Theologian Heinrich Klee speculated that God might enlighten the infant at the instant of death and enable them to make a decision for or against God.
20th and 21st century Catholic teachings: 1905: Pope Pius X made a definitive declaration confirming the existence of Limbo. However, this was not an infallible statement by the pope:
"Children who die without baptism go into limbo, where they do not enjoy God, but they do not suffer either, because having Original Sin, and only that, they do not deserve paradise, but neither hell or purgatory."
1958: The Holy Office (once the Inquisition and now the Sacred Congregation for the Doctrine of the Faith) was critical of some believers who delayed baptism because of their belief in Limbo. They concluded: "Therefore this Supreme Congregation, with the approval of the Holy Father, warns the faithful that infants are to be baptized as soon as possible..." (Acta L, 114).
1960s: The Second Vatican Council stated, in Gaudium et Spes 22: "For since Christ died for all (Rom. 8:32)...we must hold that the Holy Spirit offers to all [humans] the possibility of being made partners, in a way known to God, in the paschal mystery."
1984: Cardinal Joseph Ratzinger, then head of the Vatican's Congregation for the Doctrine of the Faith, stated his personal disbelief concerning Limbo during an interview in . He said that:
"Limbo has never been a defined truth of faith. Personally, speaking as a theologian and not as head of the Congregation, I would drop something that has always been only a theological hypothesis."
He has became Pope Benedict XVI in 2005.
1992: Pope John Paul II is reported as having been troubled by the concept of limbo and had mention of it removed from the church's 1992 catechism.
1995: In his encyclical Evangelium Vitae ("The Gospel of LIfe") Pope John Paul II discussed women who have had abortions. He gave an ambiguous statement implying that aborted embryos and fetuses may be in Heaven or Limbo. He wrote: "...You will also be able to ask forgiveness from your child, who is now living in the Lord."
1999: Fr. L.E. Latorre comments:
"Children should be baptized within the first weeks after birth. Children in danger of death should be baptized without delay. Catholic parents who neglect or unreasonably put off for a long time the Baptism of their children commit a mortal sin. It would be a mortal sin, for example, to delay or postpone indefinitely the Baptism of a child in order to save-up or prepare for a big feast, a great worldly show, with dances and dinners and what not. Or, to delay the Baptism in order to wait for the coming of a VIP godparent."
Circa 2004: In an article on 2005-NOV-30, the Scotsman newspaper states that Pope John Paul II had written:
"The Church can only entrust them to the mercy of God. In fact the great mercy of God, who wants all men to be saved, and the tenderness of Jesus towards children allow us to hope that there is a way of salvation for children who die without baptism." {We have not been able to find a citation for this quotation.}
2005: Fr. Brian W. Harrison conducted a survey of relevant historical Catholic magisterial statements and concluded:
"... that those who now talk about Limbo as only ever having been a mere 'hypothesis', rather than a doctrine, are giving a very misleading impression of the state of the question. They are implying by this that the pre-Vatican II Church traditionally held, or at least implicitly admitted, that an alternate 'hypothesis' for unbaptized infants was their attainment of eternal salvation — Heaven.
Nothing could be further from the truth. Limbo for unbaptized infants was indeed a theological "hypothesis"; but the only approved alternate hypothesis was not Heaven, but very mild hellfire as well as exclusion from the beatific vision! In short, while Limbo as distinct from very mild hellfire was a 'hypothetical' destiny for unbaptized infants, their eternal exclusion from Heaven (with or without any 'pain of sense') — at least after the proclamation of the Gospel, and apart from the 'baptism of blood' of infants slaughtered out of hatred for Christ — this was traditional Catholic doctrine, not a mere hypothesis.
No, it was never dogmatically defined. But the only question is whether the doctrine was infallible by virtue of the universal and ordinary magisterium, or merely "authentic".
2000's: The Church has long taught that infants slaughtered out of hatred for Christianity experienced "baptism of the blood" and would attain Heaven as martyrs. Some contemporary theologians have suggested that aborted fetuses may be considered martyrs and are therefore saved through the same "Baptism of Blood."
Current official Catholic teaching: The current Catechism does not contain a direct mention of Limbo:
10 posted on 04/29/2009 9:20:27 AM PDT by T Minus Four (Matthew 15:8 - 9)
"Well sure, the CURRENT version of the catechism. It really all depends on who you ask and when you asked it."
So where is the official teaching on the fate of unbaptized infants?
Theological speculation is one thing Magisterial teaching another.
Showing different opinions amongst the Fathers in no way proves error in the Magisterial teachings of the the church.
11 posted on 04/29/2009 9:42:57 AM PDT by GonzoII ("That they may be one...Father")
Magesterial teachings
More words on heaven, hell and limbo
14 posted on 04/29/2009 10:00:03 AM PDT by T Minus Four (Matthew 15:8 - 9)
I'll say it again - depends. Popes of the Roman Catholic Church have taken four contrary positions regarding the fate of infants who die without baptism.
The lot assigned by popes to the infants has gradually changed from including hell fire, through involving the pain of loss only and then no pain at all, to full beatitude in heaven.
1. Popes of the patristic era infallibly defined the doctrine of Augustine that unbaptized infants have the eternal torments of the damned in the fires of hell with the devil. We cite Pope Gregory the Great, Pope Zosimus and Pope Innocent I amongst others who taught this.
2. Pope Innocent III adopted the position of Abelard in the twelfth century that unbaptized infants will have the pain of loss but not the pain of fire.
3. Pope Pius X was the first pope to teach that unbaptized infants have no sufferings in his 1905 Catechism.
4. Recent popes, John Paul II and Benedict XVI, have given us to "hope" that all unbaptized infants, and indeed all of humanity, will go to heaven.
Pope Eugene IV, Council of Florence, "Letentur coeli," Sess. 6, July 6, 1439, ex cathedra: "We define also that… the souls of those who depart this life in actual mortal sin, or in original sin alone, go straightaway to hell, but to undergo punishments of different kinds." (Denz. 693)
"July 6, 1439, ex cathedra: "We define also that… the souls of those who depart this life in actual mortal sin, or in original sin alone, go straightaway to hell, but to undergo punishments of different kinds." (Denz. 693)
The Catechism of St. Thomas Aquinas THE FIFTH ARTICLE: "He Descended into Hell."
Objection: The Council of Florence in 1439 taught (DS 1306)[693]: "The souls of those who depart in actual mortal sin or only original sin descend into the realm of the dead (infernum), to be punished however with unequal "punishments".
"unequal punishments" ( poenis disparibus )
dispar.ibus ADJ. unequal, disparate, unlike;
Reply: 1) The word "poena" in Latin need not always be the same as English "pain" - it can mean merely deprivation of something. As we saw above, Pius IX taught that God does not allow anyone to be punished with eternal punishments without the guilt of personal fault.
Vatican II, "On ecumenism" #6, taught that if any language in older teachings is in need of improvement, it should be improved. Such is the case here, at least if we do not think of the difference of Latin "poena" and English pain. Paul VI in "Mysterium fidei" did not contradict the Council, but said that the older texts are not untrue in themselves, if properly understood.
2) The word "infernum" in Latin means merely the realm of the dead, not hell in the English sense. Cf. the Creed in which we read that after His death, Jesus "descended into hell"- the archaic English use of the word.
3) Our reasoning above tends to show that the aborted babies, and probably other unbaptized babies also, are given grace by God outside the Sacrament of Baptism, and so do not depart this world in original sin, which is merely the lack of grace that should be there.Source: EWTN Library: SCRIPTUR/INFANT
17 posted on 04/29/2009 11:59:07 AM PDT by GonzoII ("That they may be one...Father")
Gosh, your reasoning has persuaded me. It all depends on what "hell" means. I am defeated!
18 posted on 04/29/2009 1:37:39 PM PDT by T Minus Four (Matthew 15:8 - 9)
"Pope Eugene IV, Council of Florence, "Letentur coeli," Sess. 6, July 6, 1439, ex cathedra: "We define also that… the souls of those who depart this life in actual mortal sin, or in original sin alone, go straightaway to hell, but to undergo punishments of different kinds." (Denz. 693)"
It is Catholic doctrine that any soul that remains in original sin will not be saved.
The speculation of perhaps God having some way of removing original sin before they die by some other means than that of baptism by water is what has been speculated on.
"The spiritual re-birth of young infants can be achieved in an extrasacramental manner through baptism by blood (cf. the baptism by blood of the children of Bethlehem). Other emergency means of baptism for children dying without sacramental baptism, such as prayer and desire of the parents or the Church (vicarious baptism of desire – Cajetan), or the attainment of the use of reason in the moment of death, so that the dying child can decide for or against God (baptism of desire – H. Klee), or suffering and death of the child as quasi-Sacrament (baptism of suffering – H. Schell), are indeed, possible, but their actuality cannot be proved from Revelation." Fundamentals of Catholic Dogma, p. 114. -Ludwig Ott.
Oh, I'm quite aware of that.
Or perhaps the entire doctrine needs to be reexamined.
20 posted on 04/30/2009 12:15:32 PM PDT by T Minus Four (Matthew 15:8 - 9)


text:
Making Birthday Memories One Donors Story
For years, children battling cancer at Children's National had something special to look forward to on Wanda Bissell's birthday. Miss Bissell, a member of The Guardian Society and retired government employee, would round up toys from friends and deliver them to the hospital. It was her unique way of giving back after overcoming a strenuous personal battle with acute lymphocytic leukemia (ALL)."I was diagnosed with leukemia when I was 40," she recalls. "I learned that ALL is a cancer common in children. As time went on, I thought there must be something I can do to help young people who may be suffering with this awful illness. That's when I decided to call Children's National."Miss Bissell met Debbie Freiburg, Vice President of Nursing at Children's National, who became a strong ally in her quest to bring cheer to children as they battled cancer. "Debbie first greeted me with small red wagons, which we used to transport all the gifts I had packed in my car. She then led me from one child's room to the next," remembers Miss Bissell. "I dropped off games, coloring books, and electronic toys to the children, who smiled from ear to ear. It was wonderful the first time I did it, and it became a birthday tradition."As time went on, I wanted to make a lasting difference. I decided to name Children's National in my will and designate my gift to the Center for Cancer and Blood Disorders. It was easy. I just called Children's National and spoke with Vikki Ismael, Senior Associate Director of Gift Planning, and she was right on it! Mrs. Ismael gave my attorney the specific language to be included in my will."Miss Bissell believes her estate gift will have a real impact in children's lives. "I know what it means to receive a heartfelt gift, which I was given from an unrelated bone marrow donor. While I never met him in person, we did speak once, and for years we exchanged birthday cards. Children's National is a heartfelt place and so giving back was a natural thing to do."
Categories: Impact
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Council of Civil Service Unions v Minister for the Civil Service
Council of Civil Service Unions v Minister for the Civil Service [1984] UKHL 9, or the GCHQ case, is a UK constitutional law and UK labour law case that held the Royal Prerogative was subject to judicial review.[1]
CCSU v Minister for the Civil Service (GCHQ Case)
Council of Civil Service Unions & Others v Minister for the Civil Service
Citation(s)
[1984] UKHL 9, [1985] AC 374, [1984] 3 WLR 1174, [1985] ICR 14, [1984] 3 All ER 935, [1985] IRLR 28
Bailii transcript
Judge(s) sitting
Lord Fraser
Lord Scarman
Lord Diplock
Lord Roskill
Lord Brightman
royal prerogative
In 1984, the government of Margaret Thatcher banned employees of the Government Communications Headquarters (GCHQ) from joining any trade union for "national security" reasons by an Order in Council using the Royal Prerogative. The Council of Civil Service Unions claimed in judicial review that defeated their legitimate expectations, to collectively bargain for fair wages. The High Court of Justice held the Order in Council was invalid. The Court of Appeal held national security concerns meant that judicial review was impossible. The House of Lords held that exercises of the Royal Prerogative were subject to judicial review, but there were exceptions, including for matters of national security. This was a significant break from the previous law, which held that prerogative powers were not in any way subject to judicial review. The GCHQ case established that judicial review depends on the nature of the government's powers, not their source.
1 Facts
2 Judgment
2.1 High Court
2.2 Court of Appeal
2.3 House of Lords
3 Significance
3.1 Further developments
5 Bibliography
FactsEdit
Further information: GCHQ trade union ban
The Government Communications Headquarters (GCHQ) is a British intelligence agency that provides signals intelligence to the British government and armed forces.[2] Prior to 1983 its existence was not acknowledged,[2] despite the fact that it openly recruited graduates. Following a spy scandal in 1983, the organisation became known to the public, and the government of Margaret Thatcher decided a year later that employees would not be allowed to join a trade union for national security reasons. The Minister for the Civil Service is a position held ex officio by the Prime Minister.[3]
This was done through an Order in Council, an exercise of the Royal Prerogative. Despite an extensive publicity campaign by trade unions, the government refused to reverse its decision, instead offering affected employees the choice between £1,000 and membership of a staff association or dismissal. Those employees dismissed could not rely on an industrial tribunal, as they were not covered by the relevant employment legislation. As such, the Council of Civil Service Unions decided judicial review was the only available route.[4]
The decision to ban workers at GCHQ from trade union membership had been taken following the meeting of a select group of ministers and the prime minister rather than the full Cabinet. This is not unusual, even in relation to high-profile decisions: a decision was similarly taken to authorise the Suez operation of 1956 and the decision to transfer the ability to set interest rates to the Bank of England in 1997.[5]
JudgmentEdit
High CourtEdit
In the High Court, Glidewell J held that the employees of GCHQ had a right to consultation, and that the lack of consultation made the decision invalid.
Court of AppealEdit
In the Court of Appeal, Lord Lane CJ, Watkins LJ and May LJ held that judicial review could not be used to challenge the use of the Royal Prerogative. They decided that as the determination of national security issues is an executive function, it would be inappropriate for the courts to intervene.[6]
House of LordsEdit
This article contains too many or overly lengthy quotations for an encyclopedic entry. Please help improve the article by presenting facts as a neutrally worded summary with appropriate citations. Consider transferring direct quotations to Wikiquote. (April 2019)
The House of Lords held the Royal Prerogative was subject to judicial review, just like statutory instruments.[7] However, on national security grounds, the action of restricting the trade union was justified. Lords Fraser, Scarman and Diplock all believed that the issue of national security was outside the remit of the courts. Lord Diplock wrote "it is par excellence a non-justiciable question. The judicial process is totally inept to deal with the sort of problems which it involves." Lord Fraser stated that while the courts would not by default accept the government's argument that the matter was one of national security, it was a "matter of evidence" and the evidence provided in this case showed that the government was correct.[8] Lord Diplock held that any prerogative power which impacted on a person's "private rights or legitimate expectations" was amenable to review, while Lords Fraser and Brightman held that only powers delegated from the Monarch could be subject to judicial review. This case was a candidate for such a review as the powers in question had been delegated from the Monarch to the Minister for the Civil Service.[9]
Lord Diplock said the following:
My Lords, I intend no discourtesy to counsel when I say that, intellectual interest apart, in answering the question of law raised in this appeal, I have derived little practical assistance from learned and esoteric analyses of the precise legal nature, boundaries and historical origin of "the prerogative," or of what powers exercisable by executive officers acting on behalf of central government that are not shared by private citizens qualify for inclusion under this particular label. It does not, for instance, seem to me to matter whether today the right of the executive government that happens to be in power to dismiss without notice any member of the home civil service upon which perforce it must rely for the administration of its policies, and the correlative disability of the executive government that is in power to agree with a civil servant that his service should be on terms that did not make him subject to instant dismissal, should be ascribed to "the prerogative" or merely to a consequence of the survival, for entirely different reasons, of a rule of constitutional law whose origin is to be found in the theory that those by whom the administration of the realm is carried on do so as personal servants of the monarch who can dismiss them at will, because the King can do no wrong.
Nevertheless, whatever label may be attached to them there have unquestionably survived into the present day a residue of miscellaneous fields of law in which the executive government retains decision-making powers that are not dependent upon any statutory authority but nevertheless have consequences on the private rights or legitimate expectations of other persons which would render the decision subject to judicial review if the power of the decision-maker to make them were statutory in origin. From matters so relatively minor as the grant of pardons to condemned criminals, of honours to the good and great, of corporate personality to deserving bodies of persons, and of bounty from moneys made available to the executive government by Parliament, they extend to matters so vital to the survival and welfare of the nation as the conduct of relations with foreign states and — what lies at the heart of the present case — the defence of the realm against potential enemies. Adopting the phraseology used in the European Convention on Human Rights 1953 (Convention for the Protection of Human Rights and Fundamental Freedoms (1953) (Cmd. 8969)) to which the United Kingdom is a party it has now become usual in statutes to refer to the latter as "national security."
My Lords, I see no reason why simply because a decision-making power is derived from a common law and not a statutory source, it should for that reason only be immune from judicial review. Judicial review has I think developed to a stage today when without reiterating any analysis of the steps by which the development has come about, one can conveniently classify under three heads the grounds upon which administrative action is subject to control by judicial review. The first ground I would call "illegality," the second "irrationality" and the third "procedural impropriety." That is not to say that further development on a case by case basis may not in course of time add further grounds. I have in mind particularly the possible adoption in the future of the principle of "proportionality" which is recognised in the administrative law of several of our fellow members of the European Economic Community; but to dispose of the instant case the three already well-established heads that I have mentioned will suffice.
By "illegality" as a ground for judicial review I mean that the decision-maker must understand correctly the law that regulates his decision-making power and must give effect to it. Whether he has or not is par excellence a justiciable question to be decided, in the event of dispute, by those persons, the judges, by whom the judicial power of the state is exercisable.
By "irrationality" I mean what can by now be succinctly referred to as "Wednesbury unreasonableness" (Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223). It applies to a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it. Whether a decision falls within this category is a question that judges by their training and experience should be well equipped to answer, or else there would be something badly wrong with our judicial system. To justify the court's exercise of this role, resort I think is today no longer needed to Viscount Radcliffe's ingenious explanation in Edwards v Bairstow [1956] AC 14 of irrationality as a ground for a court's reversal of a decision by ascribing it to an inferred though unidentifiable mistake of law by the decision-maker. "Irrationality" by now can stand upon its own feet as an accepted ground on which a decision may be attacked by judicial review.
I have described the third head as "procedural impropriety" rather than failure to observe basic rules of natural justice or failure to act with procedural fairness towards the person who will be affected by the decision. This is because susceptibility to judicial review under this head covers also failure by an administrative tribunal to observe procedural rules that are expressly laid down in the legislative instrument by which its jurisdiction is conferred, even where such failure does not involve any denial of natural justice. But the instant case is not concerned with the proceedings of an administrative tribunal at all.
My Lords, that a decision of which the ultimate source of power to make it is not a statute but the common law (whether or not the common law is for this purpose given the label of "the prerogative") may be the subject of judicial review on the ground of illegality is, I think, established by the cases cited by my noble and learned friend, Lord Roskill, and this extends to cases where the field of law to which the decision relates is national security, as the decision of this House itself in Burmah Oil Co Ltd v Lord Advocate, 1964 SC (HL) 117 shows. While I see no a priori reason to rule out "irrationality" as a ground for judicial review of a ministerial decision taken in the exercise of "prerogative" powers, I find it difficult to envisage in any of the various fields in which the prerogative remains the only source of the relevant decision-making power a decision of a kind that would be open to attack through the judicial process upon this ground. Such decisions will generally involve the application of government policy. The reasons for the decision-maker taking one course rather than another do not normally involve questions to which, if disputed, the judicial process is adapted to provide the right answer, by which I mean that the kind of evidence that is admissible under judicial procedures and the way in which it has to be adduced tend to exclude from the attention of the court competing policy considerations which, if the executive discretion is to be wisely exercised, need to be weighed against one another — a balancing exercise which judges by their upbringing and experience are ill-qualified to perform. So I leave this as an open question to be dealt with on a case to case basis if, indeed, the case should ever arise.
Lord Roskill said the following.[10]
In short the orthodox view was at that time that the remedy for abuse of the prerogative lay in the political and not in the judicial field.
But fascinating as it is to explore this mainstream of our legal history, to do so in connection with the present appeal has an air of unreality. To speak today of the acts of the sovereign as "irresistible and absolute" when modern constitutional convention requires that all such acts are done by the sovereign on the advice of and will be carried out by the sovereign's ministers currently in power is surely to hamper the continual development of our administrative law by harking back to what Lord Atkin once called, albeit in a different context, the clanking of mediaeval chains of the ghosts of the past: see United Australia Ltd v Barclays Bank Ltd [1941] AC 1, 29. It is, I hope, not out of place in this connection to quote a letter written in 1896 by the great legal historian F. W. Maitland to Dicey himself: "the only direct utility of legal history (I say nothing of its thrilling interest) lies in the lesson that each generation has an enormous power of shaping its own law": see Richard A. Cosgrove, The Rule of Law; Albert Venn Dicey; Victorian Jurist (1980), p.177. Maitland was in so stating a greater prophet than even he could have foreseen for it is our legal history which has enabled the present generation to shape the development of our administrative law by building upon but unhampered by our legal history.
My Lords, the right of the executive to do a lawful act affecting the rights of the citizen, whether adversely or beneficially, is founded upon the giving to the executive of a power enabling it to do that act. The giving of such a power usually carries with it legal sanctions to enable that power if necessary to be enforced by the courts. In most cases that power is derived from statute though in some cases, as indeed in the present case, it may still be derived from the prerogative. In yet other cases, as the decisions show, the two powers may coexist or the statutory power may by necessary implication have replaced the former prerogative power. If the executive in pursuance of the statutory power does an act affecting the rights of the citizen, it is beyond question that in principle the manner of the exercise of that power may today be challenged on one or more of the three grounds which I have mentioned earlier in this speech. If the executive instead of acting under a statutory power acts under a prerogative power and in particular a prerogative power delegated to the respondent under article 4 of the Order in Council of 1982, so as to affect the rights of the citizen, I am unable to see, subject to what I shall say later, that there is any logical reason why the fact that the source of the power is the prerogative and not statute should today deprive the citizen of that right of challenge to the manner of its exercise which he would possess were the source of the power statutory. In either case the act in question is the act of the executive. To talk of that act as the act of the sovereign savours of the archaism of past centuries. In reaching this conclusion I find myself in agreement with my noble and learned friends Lord Scarman and Lord Diplock whose speeches I have had the advantage of reading in draft since completing the preparation of this speech.
But I do not think that that right of challenge can be unqualified. It must, I think, depend upon the subject matter of the prerogative power which is exercised. Many examples were given during the argument of prerogative powers which as at present advised I do not think could properly be made the subject of judicial review. Prerogative powers such as those relating to the making of treaties, the defence of the realm, the prerogative of mercy, the grant of honours, the dissolution of Parliament and the appointment of ministers as well as others are not, I think, susceptible to judicial review because their nature and subject matter is such as not to be amenable to the judicial process. The courts are not the place wherein to determine whether a treaty should be concluded or the armed forces disposed in a particular manner or Parliament dissolved on one date rather than another.
In my view the exercise of the prerogative which enabled the oral instructions of 22 December 1983 to be given does not by reason of its subject matter fall within what for want of a better phrase I would call the "excluded categories" some of which I have just mentioned. It follows that in principle I can see no reason why those instructions should not be the subject of judicial review.
SignificanceEdit
In the exertion therefore of those prerogatives, which the law has given him, the King is irresistible and absolute, according to the forms of the constitution. And yet if the consequence of that exertion be manifestly to the grievance or dishonour of the kingdom, the Parliament will call his advisers to a just and severe account.
— William Blackstone[11]
The courts have traditionally been unwilling to subject prerogative powers to judicial review. Judges were only willing to state whether powers existed or not, not whether they had been used appropriately.[12] They therefore applied only the first of the Wednesbury tests; whether the use was illegal. Constitutional scholars such as William Blackstone would have considered this appropriate.[11]
The GCHQ case, therefore, was highly important; it held that the application of judicial review would be dependent on the nature of the government's powers, not their source. While the use of the Royal Prerogative for national security reasons is considered outside the scope of the courts, most other uses of the Prerogative are now judicially reviewable in some form.[13]
The GCHQ case also confirmed that non-legal conventions might be subject to "legitimate expectation". A convention would not have usually been litigable, and it was necessary for the court to demonstrate that it was in the present case: such a rule had been established in respect of Cabinet conventions in Attorney General v Jonathan Cape Ltd. Although the court ruled against the union, it was accepted that the invariable practice of the executive formed a basis for legitimate expectation.[14]
The case also shows that national security remains a political issue and not a legal one; it is not to be determined by a court.
It summarises the scope of judicial review.
Further developmentsEdit
There is no difference between the conclusion reached by your Lordships except ... whether the reviewability of an exercise of a prerogative power is limited to the case where the power has been delegated to the decision-maker by Order in Council, so that the decision-making process which is sought to be reviews arises [within] the terms of that order; or whether reviewability may also extend, in an appropriate case, to a direct exercise of a prerogative power.
Lord Brightman, CCSU v Minister for the Civil Service[15]
In R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2), heard at the House of Lords, one of the matters decided was whether or not the courts could subject Orders in Council to judicial review. The Lords unanimously agreed that although Orders in Council were defined as "primary legislation" in the Human Rights Act, there is a significant difference in that Orders in Council are an executive product, and lack the "representative character" that comes with Parliamentary authority and approval. As such, the Lords saw "no reason why prerogative legislation should not be subject to review on ordinary principles of legality, rationality and procedural impropriety in the same way as any other executive action".[16]
In R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland [2019] UKSC 41 the Supreme Court quashed an Order in Council that sought to prorogue Parliament.
^ E McGaughey, A Casebook on Labour Law (Hart 2019) ch 8, 360
^ a b "GCHQ Post War". GCHQ. Retrieved 14 March 2012.
^ Bradley, Ewing (2011). p. 261.
^ James (1997) p.206
^ Barrow (2002) p.260
^ Ewing (1985) p.1
^ Blom-Cooper (2010) p.19
^ [1984] UKHL 6, [1985] AC 374, 417-418
^ a b Loveland (2009) p.102
^ Loveland (2009) p.101
^ Bradley, Ewing (2011). p. 29.
^ 423H–424A
^ Poole (2010) p. 150.
Barrow, Charles (2002). Industrial relations law (2nd ed.). Routledge. ISBN 1-85941-563-6.
Blom-Cooper, Louis (2010). "GCHQ revisited". Public Law. Sweet & Maxwell. 2010 (1). ISSN 0033-3565.
Bradley, A. W.; Ewing, K. D. (2011). Constitutional and Administrative Law (15 ed.). Harlow, United Kingdom: Longman. ISBN 978-1-4058-7350-5.
Ewing, K. D. (1985). "Prerogative. Judicial Review. National Security". Cambridge Law Journal. Cambridge University Press. 44 (1). ISSN 0008-1973.
James, Simon (1997). British government: a reader in policy making. Routledge. ISBN 0-415-11304-0.
Loveland, Ian (2009). Constitutional Law, Administrative Law, and Human Rights: A Critical Introduction (5th ed.). Oxford University Press. ISBN 978-0-19-921974-2.
E McGaughey, A Casebook on Labour Law (Hart 2019) ch 8, 360
Poole, Thomas (2010). "The royal prerogative". International Journal of Constitutional Law. Oxford University Press. 8 (1). ISSN 1474-2640.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Council_of_Civil_Service_Unions_v_Minister_for_the_Civil_Service&oldid=919491331"


Why are Chinese Companies 'Unwelcome' in US?
During the first month of 2018, the major Chinese companies Alibaba and Huawei were denied access to the US market. Undeniably, the cautiousness of the Chinese and US governments on investment have made it increasingly difficult for Chinese companies to expand their business to the US market.


text:
Molecular evidence that epizootic Venezuelan equine encephalitis (VEE) I-AB viruses are not evolutionary derivatives of enzootic VEE subtype I-E or II viruses
Judith M. Sneider1, Richard M. Kinney1, Kiyotaka R. Tsuchiya1, Dennis W. Trent1
Affiliations: 1 Division of Vector-Borne Infectious Diseases, National Center for Infectious Diseases, Centers for Disease Control and Prevention, Fort Collins, Colorado 80522-2087, U.S.A.
Published: 01 March 1993 https://doi.org/10.1099/0022-1317-74-3-519
Enzootic strains of Venezuelan equine encephalitis (VEE) virus occur in the United States (Florida), Mexico, Central America and South America. Epizootic VEE first occurred in North and Central America in a widespread outbreak between 1969 and 1972. To investigate the likelihood that this epizootic VEE virus, identified as VEE antigenic subtype I-AB, evolved from enzootic viruses extant in the region, we cloned and sequenced the 26S mRNA region of the genomes of the Florida VEE subtype II virus, strain Everglades Fe3-7c, and the Middle American subtype I-E virus, strain Mena II. This region of the genome encodes the viral structural proteins. The sequences of the 26S mRNA regions of the Everglades and Mena virus genomes differed from that of the reference epizootic VEE subtype I-AB virus, Trinidad donkey strain, by 453 and 887 nucleotides and by 66 and 131 amino acids, respectively. These data confirm previous reports demonstrating significant antigenic and genetic distance between VEE I-AB virus and viruses of subtypes I-E and II. It is unlikely that the epizootic VEE I-AB virus responsible for the 1969 outbreak originated from mutation of enzootic VEE viruses in North or Middle America.
© Society for General Microbiology 1993
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10.1099/0022-1317-74-3-519


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Get Up Dates Daily > Blog > Entertainment > Two Decades Later, 20th Century Fox Finally Held Accountable For Ruining The Thai Beach In 'The Beach'
Two Decades Later, 20th Century Fox Finally Held Accountable For Ruining The Thai Beach In 'The Beach'
Entertainment 51 Views Posted by Susan Rodriguez September 17, 2022
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Theatergoers in the year 2000 were transfixed by The Beach, a movie about a young traveler who discovers a hidden tropical paradise. The movie was not a great box office success, but viewers loved the beautiful beach in Thailand where the movie was shot. However, this love has resulted in an environmental crisis for the Thai island—one that 20th Century Fox is just now apologizing for.
'The Beach' Crew Damaged Thai Island
The Beach featured stars like Leonardo DiCaprio and Tilda Swinton, but ultimately failed at the box office, even earning DiCaprio a Golden Raspberry Award nomination for worst actor. The movie might not have resonated with viewers, but its shooting location did.
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The movie was filmed on southern Thailand's Phi Phi Leh Island, but the film crew made a few adjustments before they were ready to start making the movie. The crew uprooted native plants and introduced some alien species, both of which negatively impacted the environment of the island.
DiCaprio, who is now a known environmentalist, told critics of the environmental damage that the island would be left "better off than it was before." However, efforts to return the beach to its former state—removing alien species, replanting uprooted fauna, setting up bamboo fences to hold sand in place—ultimately failed.
If that wasn't enough, thousands of The Beach's fans have journeyed to Phi Phi Leh over the years. All this tourist activity created pollution that destroyed nearby coral reefs. It was estimated that the island was welcoming about 4,000 tourists a day at its peak. In 2018, local officials shut the beach down completely in an effort to reverse some of the damage.
Thailand's Supreme Court Rules Studios Must Pay
Earlier this week, Thailand's Supreme Court upheld a ruling that stated the Royal Forest Department would continue their rehabilitation work on the island. The court also upheld a 2019 agreement that stated the studios that made the movie—20th Century Fox and Thai film studio Santa International Film Productions—would pay for the cleanup. The rehabilitation project has been estimated to cost 10 million baht, which is about $270,000.
This ruling comes more than 20 years after the first lawsuit was filed, as The Beach was filmed in 1998 and 1999. The first suit was filed in '99; local authorities and environmentalists sought 100 million baht in damages.
However, the court didn't accept this filing until 2012, and the issue hasn't been officially resolved until now. Many are celebrating the fact that the movie studios will finally pay for the damage they caused and hoping this ruling will discourage others from callously wreaking havoc on native ecosystems.
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New Album after Four Years
Charlie Worsham released his new album "Beginning of Things" last Friday, April 21. This is the newest album since his debut "Rubberband," which was released four years ago. "I had fallen out of love with music, and making this record put me back in love with it on a level I hadn't felt since I was a teenager, " Worsham said in a press release.
On the 13 tracks the singer, songwriter and musician worked together with the producers Frank Liddell and Eric Masse, as well as executive producer Arturo Buenahora Jr. Worsham co-wrote nine of the 13 songs on the album.
Worsham doesn't limit his music to one genre, he plays country and jazz on his new album and also has some indie rock influences. "Southern By the Grace of God" is one of his country songs. Whereas "Call You Up" is more jazzy and "Birthday Suit" is influenced by indie rock.
One of the great features of "Beginning of Things" is that Charlie Worsham speaks the truth. In his song "Please People Please" he sings of being done with trying to follow everyone, as he realizes that he can't please people. "There will always be someone to criticize your style / cutting other people down is a means to a miserable end," he sings.
The greatest marks on the album are left by the country songs including "Old Time's Sake," in which he paints a picture of himself as a gentleman, and "The Beginning of Things," which were both co-written by Charlie Worsham, Jeremy Spillman and Brent Cobb.


JD bought his first motorcycle the day he turned 18 and has been an avid rider ever since. Being somewhat of an adrenaline junky, he was quick to enter the world of racing and stunting on the street. He spent many years riding his motorcycle like a unicycle and wore out countless pairs of shoes skitching along the asphalt. While he loves speed, JD has always been very calculated and naturally obsesses about improving his skill each time he rides.
A few years ago JD took his motorcycle to the track for the first time and fell in love with the ability to ride his bike how it was intended (and without looking for blue and reds). Along with his ever-present search for adrenaline, JD has a skill for soaking in details very quickly. For him, everything is calm on the track and he is at home.
JD has worked around motorcycles off and on for the past 11 years in sales, parts, and service. He enjoys working on his bike and consistently changes things up to make it his own.
JD has worn many hats in the working world, from managing a sales team to serving his community as a fire fighter. In addition to riding motorcycles and running Track Time with Alan, JD is a commercial helicopter pilot, enjoys skydiving, surfing, skiing, snowboarding, hiking, camping, boating, and traveling the country in his RV with his wife and two daughters.


If a person keeps doing the same thing and they expects different results, we call this "insanity." It seems quite reasonable that if some undesired result occurs repeatedly, then it is incumbent upon management to determine what is really causing this situation to occur and correct it so as to prevent it from occurring again. This procedure, "root cause analysis, seeks the true cause of the problem, and corrects it rather than continuing to deal with the symptoms.
The root cause and analysis procedure investigates the failure using facts left behind from the initial event. By evaluating the remaining evidence after the fault has occurred—and obtaining information from people associated with the incident—the analyst can identify both the contributing and non-contributing reasons that resulted in the undesirable situation.
The process begins by collecting the data, analyzing it, then developing appropriate corrective action or generating practical recommendations. Root cause analysis is a tool to explain what happened, how it happened, and why it happened.
By comprehending the facts of the failure, the process allows safety, quality, risk and reliability people an opportunity to employ more dependable and cost-effective strategies in order to effect significant, long-term improvement. The result is increased capability to recover from and prevent disasters with both financial and safety results.
In addition to verifying the failure, it is important to determine the factors that explain the how and why the failure occurred. Identifying the root cause of the failure event makes it possible to explain the how and why of failure.
Finding the Real Problem. Most problems have multiple approaches to solution. Generally, these various approaches will have different price tags. Because of a sense of urgency in breakdown situations, the tendency is to choose the most expedient way of dealing with the situation. In general, this results in treating the symptoms rather than the root cause. Yet, in taking the most convenient approach and dealing with the symptoms rather than the cause, what usually ensues is that the situation will, in time, return and will need to be dealt with again.
Consider the specific example of expediting customer orders in an order-filling process. The organization has a well-defined process for accepting, processing, and shipping customer orders. When a customer calls and complains about not getting their order, the most normal response is to expedite. This means that someone personally tracks down this customer's order, assigns it a #1 priority, and ensures it gets shipped ahead of everything else. But what isn't realized, until sometime later on, if at all, is that in expediting this order one or more other orders were delayed because the process was disrupted to get this customer's order out the door. What it all comes down to is that expediting orders simply ensures that more orders will have to be expedited later.
The appropriate response to this situation is to figure out why the order was in need of expediting in the first place. Yet this is seldom done because the task assigned to the expediter was, "Get the order shipped!" and that is as far as the thought process and investigation are apt to go.
To find root causes there is one question that's relevant: "What can we learn from this situation?" Experts like W.E Deming and others suggest that unwanted situations are about 95% related to process problems and only 5% related to personnel problems. Yet, most organizations spend far more time looking for "someone" to blame rather than "what" is to blame. This practice results in misdirected effort that seldom concludes in finding the basis for the unwanted situation.
Consider the following: The sales department of a company reports that certain customers are repeatedly complaining about late shipments. Moreover, these customers state that they employ a just-in-time (JIT) scheduling in order to minimize their cost of inventory. They cannot tolerate late shipments.
The shipping department reports that they have been ordered by the chief financial officer (CFO) to avoid "less-than-truckload" shipment, as this practice drives up the cost of doing business. The CFO explains that corporate headquarters had issued a memo to reduce expenses at all costs. The plant manager had also indicated that the plant had to be as cost conscious as possible, or heads would roll. The outcome was that customers were unhappy when were deliveries were late, which resulted from an attempt to save money.
To Resolve or Not To Resolve. Once the root cause is identified, then it has to be determined whether it costs more to remove the root cause or simply continue to treat the symptoms. This is often not an easy determination. Even though it may be relatively easy to estimate the cost to remove the root cause, it is often difficult to assess the cost of treating the symptom. This is because the cost of the symptom is generally involved in some number of customer and employee satisfaction factors as well as the resource costs associated with just treating the symptom.
Consider this situation in which it is determined that it could cost the company an extra $30,000 a year to ship every order on time but only 5 minutes for someone to resolve the situation when the customer calls with the problem. Initially, one might perceive that the cost of removing the root cause is far larger than the cost of treating the symptom. Yet, suppose that this symptom is such that when it arises it so infuriates the customer that they swear they will never buy another product, or service, from you, and will go out of their way for the next year to tell everyone they meet what a terrible company you are to do business with. How do you estimate the cost of the revenue lost associated with this situation?
Failure of a component, or a process, indicates it has become completely or partially unusable or the situation has deteriorated to the point that it is undependable or detrimental for normal sustained service.
Failure analysis is an engineering approach to determining how and why equipment, a process, or a component has failed. Some general causes for failure are structural loading, wear, corrosion, and latent defects. The goal of a failure analysis is to understand the root cause of the failure to prevent similar failures in the future. In addition to verifying the failure event, it is important to determine the factors that explain how and why the failure event occurred. Identifying the root cause of the failure event allows us to explain the how and why of failure.
The process of investigating industrial product or procedural failure may include expert witness testimony, industrial accident investigation, materials and metallurgical failure analysis, welding, manufacturing, forensic engineering, product liability, and explosion investigation.
Preventing Reoccurrence of the Failure. It is not always necessary to prevent the primary, or root cause, from happening. It is merely necessary to break the chain of events at any point and the final failure will not occur. If the investigation team identifies the root cause analysis as an initial design problem, they may recommend a redesign. Where the root cause analysis leads back to a failure of procedures, it is necessary to either address the procedural weakness or develop an approach to prevent the damage caused by the procedural failure.
Corrective Action Reports (CARs). Too often a company will fix a problem in their business process, say a customer complaint or product return, after the problem has occurred. This is typically product or event focused. Then the company will look at what they have done and say, "Well if we revise our shop router or procedure, this will not happen again." They will label this second phase as Preventive Action.
While it is a future thinking type of activity, it is still corrective action because it focuses on solving a problem that has already happened. A corrective action needs to focus on the quality system, so in this example the systemic action taken is the revision of the shop router or procedure. This is corrective action.
Preventive Action Reports (PARs). Preventive Action activities should stand alone, and not focus on past events. For example, the "company" has a preventive maintenance management program that requires manual data entry. It is working fine and there have not been any problems. However, it takes a lot of time to manage and does have a high potential for error or lost records. Management decides to purchase preventive maintenance software to manage this activity. Since the purchase is not based on problems that have happened, and is focused on process control or making an improvement to company quality, it is a preventive action.
When first establishing a quality system, it is normal to record and complete many more CARs than PARs. On an annual basis, a company may record only a few preventive action activities, while in the corrective action log many dozens events are recorded. Later, as the quality system matures, there should be many more preventive actions than corrective actions.
Another important issue with regard to problem solutions and preventions is that there are no universal, or generic, solutions to problems, even those with the same root cause. What works well in inner city Chicago might not work at all in rural Nebraska. Each individual problem-solving team must take into account not just the basic cause but items such as the location, the workforce and available resources.
Leslie W. Flott, Ph.B., CQE, ASQ Fellow, is certified as an IDEM Wastewater Treatment Operator and Indiana Wastewater Treatment Operator. He received his BS in Chemistry from Northwestern University and his Masters Degree in materials engineering from Notre Dame University. Most recently, Flott served as the environmental program director and instructor at Ivy Tech Community College. Prior to that, he was the health, environment, and safety manager at Wayne Metal Protection Company.


Early in the day, a conjunction between Venus and Jupiter makes us all feel more generous, more giving, and more able to give the benefit of the doubt to the people who surround us. Today is a day that can be as you make it—the universe asks us to lean in, share our souls, and ask for more. It may be a Monday, but it's your Monday, and it's up to you to make it count. Here, your daily horoscope for Monday, November 13.
You're feeling good about the big-picture things in your life, but minor issues—delays, misunderstandings, boring to-do lists—are bringing you down. Try not to lose hope and just try to focus on facts and do as much as you can to get done with day-to-day stuff, instead of getting too caught up in your imgination.
A Venus-Jupiter energy has you searching for meaning, and the more you dig into the questions, the more the answers will present themselves. Why is your word of the day. Keep asking—curiousity will pay off.
Confusion is everywhere today, thanks to a Mercury-Neptune square that causes confusion in all aspects of your life. Stick to the facts, follow up in writing, and put off some major to-dos until later.
Work may feel annoying AF today, Cancer. Trust you've been working hard and it's okay to spend some mental real estate on the people who bring you joy. The Jupiter and Venus parallel brings your social life to the forefront, so go out and enjoy!
Life is good, Leo! Finally, things seem to be firing in all directions, and your confidence is at an all time high. Enjoy the feeling, but beware that you may not be seeing the full picture, thanks to the Mercury-Neptune square. Enjoy, but don't overspend or overcommit.
Misunderstandings abound today, Virgo. Annoying, but remember: It's not you, it's the stars. As much as you can, stay away from final decisions and major meeting and stick to more admin-related tasks, both in your relationships and your work life.
Your confidence is an all-time high, but small issues are dragging you down. Mercury and Neptune remind you how important it is to have a system to organize your life, or else, like today, you'll spend hours looking for something. The more time you spend on the little things now, the less they'll be an issue in the future.
Money is on your mind, but relax. Your emotions are clouding your thinking. An independent financial advisor could be very helpful in telling you what you should (and shouldn't) worry about right now.
You're overthinking, overanalyzing, and spending too much time worrying about how other people will react—which could cause you to say something just because you think that's what people want to hear. Pay more attention to you today.
People are asking you for help from all over, and while you're tempted, you also need to be realistic: Do you have time? And if you help them, could it detract from the things you need to do for yourself? Standing up for yourself is important.
Money takes center stage today, and you're getting people, including potential business partners, asking for your cash. Get everything in writing and know exactly what you're being asked to give. And remember: There are more ways than financial to contribute.
Gossip runs rampant, and you may be tempted to share a story you're not 100% sure is true. Hold off. Whatever gossip you say will come back to you, and you may not be happy with what people are saying about you. It's a good time to clean up your social media accounts, too.
Feature illustration by Debra Cartwright.


Susan Beck doesn't strike people as the aggressive sort who packs a trigger-finger tongue ready to fire off heated opinions and beliefs like an aggressive attorney in the heat of a spirited hearing.
So it might seem incongruous that she is, indeed, a presence in the courtroom, a voice for those who otherwise would have no voice in the machinery of justice.
But she is. Beck is a CAJA – a volunteer with Court Appointed Juvenile Advocates of Marshall County.
Those she advocates for are children who, by no fault of their own, end up in court with their custody – their very future – on the line.
The problem is, Marshall County has hundreds of children in these sad and critical positions for which CAJA has no one to help.
And, Beck contends, if she can do it, so can most anyone else.
And you won't be there in court alone. You'll have help from the agency's staff, its director, Dr. Raymona Bevel and your CAJA partner.
She should know. This February she'll become a 15-year CAJA veteran.


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reviewsbucket.com Desktops Acer Aspire TC-780-ACKi3 Review: An Affordable PC That Gets the Job Done
Acer Aspire TC-780-ACKi3 Review: An Affordable PC That Gets the Job Done
Nayan Modi · Apr 8th, 2018 · 310 Views · 5 minutes to read ·
Storage/Memory
The Acer Aspire TC-780-ACKi3 is a highly-affordable starter PC, giving you everything you need including room to build your own custom system. For the gamer or videophile looking to create an immersive audiovisual experience without paying a lot of money, this PC gets the job done.
Acer Aspire TC-780-ACKi3 Highlights -
Pros: Competitively priced. Powerful, above-entry level CPU. Plenty of connectivity options.
Cons: No dedicated graphics card. Lack of SATA ports limit additional drive upgrades
Whether you're a hardcore gamer or you're looking for a budget PC that will hold up to the rigours of intense computer use, finding the right model can be tricky. You want to balance usability, affordability, and the power to get the job done. Budget PC's like the Acer Aspire TC-780-ACKi3 give you all of the above in a single package. While it may not have all of the features of a high-end gaming PC, the Aspire gives you plenty of room to grow and to build your own custom experience.
Main Features at a Glance:
* 7th Generation Intel Core i3-7100 Processor (3.9GHz)
* 8GB DDR4 2400MHz Memory (Upgradable upto 32 GB maximum).
* 1TB 7200RPM SATA3 Hard Drive.
* Intel HD Graphics 630.
* 4x USB 2.0, 3x USB 3.1 Gen 1, HDMI Output, 802.11ac wireless LAN, Gigabit LAN, 1x PCI Express® X16
Performance - This Acer Aspire model comes with a 3.9GHz 7th generation Intel Core i3-7100 processor. The 3.9GHz speed stands at the high end of standalone Intel Core i3 processors, allowing the Aspire to process data quickly. You'll be able to stream video, play games, and surf the web without issues. Intel creates high-quality processors that last, and you can't do much better than this one for an entry-level processor, especially for the price.
Storage & Memory - In addition to a entry-level high-end processor, the Aspire's 8GB of DDR4 RAM offers you the kind of memory you'd expect in a more expensive gaming PC. The latest in RAM technology, DDR4 provides superior performance compared to DDR3. 8GB of fast memory storage will give you more than enough to play games, buffer HD streaming video, and video chat with friends. For long-term storage, the Aspire's internal hard drive holds a whopping 1TB (terabytes) of data, meaning that you can save all the photos, videos, games, documents, programs, and music you want without having to worry about running out of space. Also, the hard drive running at 7200RPM is a little bit faster than traditional hard drives running at 5400RPM.
Gaming Performance & Sound - Due to not having a separate graphics card, the Acer Aspire probably won't hold up to intense gaming sessions with its Intel HD Graphics 630. For that purpose, you will probably need to upgrade to a separate GPU (Graphics Processing Unit) strictly dedicated to rendering videos. That said, the built-in Intel processor can easily handle casual gaming sessions, HD video streaming, and video chat with no problems. You'll only really feel the difference while playing graphics-intensive online games which need to process graphics together with complex rendering/processing. At that point, the computer may take a slight hit while the central processor attempts to handle high definition graphics and data processing at the same time. The Aspire lets you bring your own monitor setup, with ports for both HDMI and VGA. You can set up dual monitors in either format or both, provided you have the right cables for the job. For sound, the Aspire gives you High-Definition Audio with 6-channel surround sound for an immersive home studio experience.
Click here for a closer look and buyer reviews.
Additional Features - The Aspire comes with Ethernet (wired Internet), Bluetooth, and WiFi built-in, meaning you can connect to the Internet and wireless devices with ease. This Aspire model comes with USB Mouse and Keyboard included, but you can always bring your own Bluetooth accessories instead, for a completely wireless experience. An internal 8x DVD player and writer lets you play and create DVD's and CD's at speeds more than adequate for everyday use. If you plan to do a lot of disc burning or if you'd like to watch Blu Ray on your PC, you can always upgrade to a new internal or external drive. Speaking of upgrades and customization, the Aspire comes with plenty of ports to handle everything from external storage to printers. The Aspire comes with 3 high-speed USB 3.0 ports and 4 standard USB 2.0 ports, two of which you can use for the USB mouse and keyboard. On the front panel, you'll find two USB 3.0 ports, an SD card slot, and audio connections. You can use these ports to connect and disconnect microphones, headphones, flash memory cards, and USB gaming accessories on the fly. This Acer Aspire model comes with the Windows 10 operating system pre-installed and fully licensed. The unit weighs less than 20 pounds out of the box. The Aspire is 7 inches wide, a little over 17 inches high, and 15 inches deep, making it easy to place just about anywhere and easy to carry around as needed.
Similar/Alternate Products - Comparing Acer Aspire to similar products in the same price range, you can see where the Aspire shines. Budget desktops like Hewlett Packard 8300 tend to come with less memory or slightly slower processors. For example, the Hewlett Packard 8300 comes with a slightly slower 3.2GHz processor and DDR3 as opposed to DDR4 RAM. Either of these computers will do fine as a budget PC option, but this model nudges slightly ahead in terms of speed, memory, and overall value. There is also a slightly upgraded model of the Acer Aspire that comes with bigger memory and better processing power - Acer Aspire TC-780-ACKI5 but will also cost a little bit more.
Readers Rating: 3.5/5
Acer Aspire TC-780-ACKi3 Review: An Affordable PC That Gets the Job Done, 3.5 out of 5 based on 2 ratings
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Greenspoon Marder Law's Downtown Fort Lauderdale Office Welcomes Roy Taub
News	Aug 10, 2015 Fort Lauderdale, FL
Fort Lauderdale, Fla. – August 10, 2015 – Roy Taub joins Greenspoon Marder Law's Downtown Fort Lauderdale office as Senior Counsel in the Complex Litigation practice group.
Mr. Taub practices commercial litigation, with experience in antitrust, real estate, sports and entertainment law, and intellectual property litigation. He has represented a diverse mix of clients in all stages of litigation, beginning with motion practice, and through discovery, trial, and appeal, in state and federal courts and arbitration proceedings.
Mr. Taub represented a leading international waste management company in an antitrust class action alleging attempted monopolization of the Long Island commercial waste hauling market, and represented the National Football League Players Association and NFL Players Inc. in a class action over the commercial licensing of retired professional football players' intellectual property. Additionally, he has represented one of the world's leading producers of titanium chemicals, a leading issuer of student loan-backed notes, a foreign state in a lawsuit over an unconsummated real estate transaction, a number of real estate developers and investment firms, life sciences companies, and one of the country's largest supermarket chains.
Mr. Taub graduated summa cum laude with a Bachelor of Arts degree in History and Philosophy from the University of Miami. He received his law degree from the Columbia University School of Law, where he was a Harlan Fiske Stone Scholar and Director of the Harlan Fiske Stone Moot Court Competition.
Prior to joining Greenspoon Marder Law, Mr. Taub practiced in New York with two international law firms, and was named to Super Lawyers, New York Metro Rising Stars for 2014.


BMW Park Lane is releasing the new S1000XR. The XR will be released in the Park Lane branch on Saturday 13th June 2015.
They have no idea of how many XR's they will be given for the launch. Depending on the amount of bikes they have at their disposal will govern wether they will be doing test rides.
It looks as if will be competing with the Sports touring market with added luxury and gadgetry.