Placebo Effect

LEX LOCALIS - JOURNAL OF LOCAL SELF-GOVERNMENT Vol. 12, No. 3, pp. 715-730, July 2014 Placebo Effect SLAVKO KRAJNC & BORUT HOLCMAN21 ABSTRACT In this discussion the authors present the issue of the law against the increasing globalisation and the issue of the theology in liturgy, where individual reformers wish for a return to the archaic forms of divine worship. The meaning of both presented cases is unifying, that is, directed to the national and liturgical communion. Both presented systems must lead to misuse and semblance – to a Placebo effect. When conscientiously considering cultural properties and its emanations, it may seem possible to avoid the danger of the Placebo effect. KEYWORDS: • law • theology • placebo effect • reforms • inculturation • symbolic • rites CORRESPONDENCE ADDRESS: Slavko Krajnc, Ph.D., Associate Preofessor, University of Ljubljana, Faculty of Theology, Poljanska cesta 4, 1000 Ljubljana, Slovenia, email: slavko.krajnc1@guest.arnes.si. Borut Holcman, Ph.D., Associate Professor, University of Maribor, Faculty of Law, Mladinska ulica 9, 2000 Maribor, Slovenia, email: borut.holcman@um.si. DOI 10.4335/12.3.715-730(2014) ISSN 1581-5374 Print/1855-363X Online © 2014 Lex localis (Maribor, Graz, Trieste, Split) Available online at http://journal.lex-localis.info. 716 1 LEX LOCALIS - JOURNAL OF LOCAL SELF-GOVERNMENT S. Krajnc & B. Holcman: Placebo Effect Introduction Globalisation/mondialisation of the law and commitment to reforms of theology in liturgy have a common cultural backdrop according to Durkheim's statements that he wrote in his The Elementary Forms where he says that religion was the preeminent form of social life. On the basis of more extensive research he came to a conclusion that according to him religion and its elements have given rise to the various manifestations of collective life. One cannot understand our perception of the world, our philosophical conceptions of the soul, of immortality, of life, if one does not know the religious beliefs that are their primordial forms. (LaCapra, 2001: 236). In Europe we, willy-nilly, think in categories that are common to a European person; and in Slovenia in categories that are common to a Slovenian person. By a precise analysis of the Tridentine ritual that some would like to reestablish we must find that it had also been prepared for a Slovenian person. Just like the theology (according to David and Grassman) is a global science that has never surpassed the local, the same is with the law which is manifested in the norm that in itself carries the elements of the political, of regionally/locally conditioned values or in other terms it is a constant contradiction between the particularities of the regional/local and the universalities of the global. In history, legal particularities have been overcome with the process of reception which however is far from being as unique in character as they are trying to present it nowadays (Kiefner, 1990, 971 sl.). It rather represents a wide range of social developments and as a category represents the historical dimension of understanding and interpretation. In the described cases in this essay the authors expose certain problems in the field of the law and theology in liturgy highlighting the possible solutions. A realistic solution lies in inculturation that is well known to the theological side. However, in the law it was present to a certain extent as reception, where the mechanisms of inculturation can be observed, yet inculturation exceeds them by far. Culture is the product of local environment and not the other way around. Everything else may only be burdened by the threat of the Placebo effect. The latter is known in medicine; historically it is known in the law and in political life where one can discern it in a social satire as a synonym for hypocrisy, falseness, tool of manipulation (Chaucer, 1977: 381) and as such it is questionable from the ethical perspective (Bresjanac, 2012: 890 sl.). 1.1 Acculturation and inculturation The presented terms will be disputed by many hard-line lawyers because the process of reception is known from its historical aspect. To a certain extent they are in the right. However, the law is not just a social but also a humanist science and from the perspective of the humanist jurisprudence the reception represents a precursor to a- and inculturation (cf. Holcman, 2011: 192-194, notes 20-31) and LEX LOCALIS - JOURNAL OF LOCAL SELF-GOVERNMENT S. Krajnc & B. Holcman: Placebo Effect 717 according to Lange must be considered as assimilation and thereby relating it to the life of the entire nation (Lange, 1987: 4). Culture is consistency and according to Gosar's contribution "Love as a method and content of inculturation" it exists when things which we are dealing with are mutually consistent (Gosar, 1988: 73). That is, when we are dealing with a specific world at hand which according to Ocvirk "differs from natural properties and determinations" (Ocvirk, 1985: 229) and goes on to say that "without it (culture) there is no human being who is simultaneously its carrier and creator. It is a symbolic structure which means that it bestows identity to groups and respective individuals therein, governing their relations and giving meaning to their activities."1 Both Scheuer2 and Levi-Strauss consider language, statutory regulations, social stratification, organisation of authority, science and religion, etc. among these activities. Two starting points have to be considered for this essay, namely, on the one hand, the question of acculturation and inculturation and, on the other hand, the question related to the law (social stratification, organisation of authority, rituals and feasts, the profane and sacred (Scheuer) as well as statutory regulations and religion (Levi-Strauss)). The terms acculturation and inculturation are coined works that were formed in the previous century. They were formed from the need that was on the hand dictated by the development in understanding of human being and from the awareness of the limitations of individual cultures, and with certainty represent the continuation of reception that occurred in the 19th century (Kiefner, 1990: 982). As this mindset first permeated the theology where the theologians encouraged a respectful relationship between the Church and cultures (inculturation), now is the time that a similar term is used in the relation the law and society, social systems which, whether we want it or not, are typical for legal systems. According to Ocvirk we cannot go past the fact that in certain time "the European person got to know the limitations and partiality of his or her culture and own self" (Ocvirk, 1985: 233) that is closely knit with culturally conditioned local peculiarities on the one hand and the human person as the creator thereof on the other hand. Because of the limitations, it would not be logical to talk of the "mondialisation of the law" as thought by Delmas-Marty since due to the "cultural (legal) imperialism" we might become "colour blind" as described by Sarat concerning the racial issue in the sixties USA and thus overlook the richness of racial diversity (Sarat, 1997: 201). The term acculturation consists of the word "culture" and the prefix "a" which in accordance with the Dictionary of the Slovenian Language means adjustment to new conditions. However, Ocvirk distinguishes two meanings, namely in social psychology the term means socialisation and in cultural anthropology it addresses the processes which occur when different cultures meet, their confrontation and mutual influences (Ocvirk, 1985: 234-235) at a local level. Inculturation, however, 718 LEX LOCALIS - JOURNAL OF LOCAL SELF-GOVERNMENT S. Krajnc & B. Holcman: Placebo Effect is a term consisting of the word “culture” and the prefix “in” and represents the occurrence of developments following the laws governing the acculturation but arising from the two-track life when the meeting of the religion and culture or the law and culture produce patterns due to long-term mutual influences, permeation, rejection and change, and according to Oblonšek "whose shapes, language, rituals, symbols and artistic expression reflect the cultural patterns of the local" area (Oblonšek, 2013: 266). We said that inculturation is a relatively new term, however, we have to establish that the awareness of the incidence of inculturation was already nurtured by Primož Trubar when he prepared his Church Orders (Cerkovna ordninga) since according to Rajhman he on the one hand derived from the experience he obtained from cooperation with establishment of the German orders and at the same time he was strongly aware "that Reformation in individual countries requires its own reformers who will in accordance with the fundamental tendencies of Reformation ... have more room to domesticate the "new" teachings and thus also facilitate the transfer from the old to the new" (Rajhman, 1988: 510-511: cf. also: Krajnc Vrečko, 2010: 117-118). Hence Trubar on writing his Slovenian Church Orders (Cerkovna ordninga), on the one hand, offended Ungnad, governor of Styria and baron, and on the other hand he offended the German colleagues but he achieved something which is instructive also nowadays that language and aim that can be found in the "Slovenian" background have the same weight and importance content-wise (Rajhman, 1988: 511). Primož Trubar is not the only representative of the legal historical awareness. Here we should also place Hugo Grotius who is mentioned by Somos in his work Secularisation and the Leiden Circle when he in the corresponding chapter on him deals with the issue of the theory of war and peace and lists the Grotius' work De republica emendanda in which he discusses the fact that every nation has its own morals and character with corresponding institutions thereof. Once you start transferring practices between them this may result in something quite the opposite (Somos, 2011: 402).3 According to LaCapra, the philosopher Durkheim in his work The Elementary Forms has a similar mindset to the theologians and legal historians since he claims that the matrix of civilization can be found in religion and that the latter represents the preeminent form of social life, whereby he states an excerpt from the above Durkheim's work where the author stated that the law and morals arise from rituals (LaCapra, 2001: 236)4. 1.2 The law – mondialisation of the law The trends in the “theology in liturgy” (Oblonšek, 2013: 263) will be discussed elsewhere, however, it needs to be noted inasmuch because dilemmas comparable to the law occur in the ritual in theology. As much as the theology as a science is universal, it is in its effects local. Theology in the same way as the law is in its emanation a ritual – liturgy (at least by way of its formation if we recall LEX LOCALIS - JOURNAL OF LOCAL SELF-GOVERNMENT S. Krajnc & B. Holcman: Placebo Effect 719 Durkheim). Despite the internal principle of unity various views appear, which simultaneously represent a good model of good practice that may be possible to attempt in the law. Almost half a century old allegation published in the Introduction to the Major Present-day Legal Systems by David and Grasmann that lawyers think solely in the framework of their national law, where David continues that "a theologian, physicians, chemists and all other scientists would blush if they were not aware of the progress their science has made abroad." (David, Grasmann, 1998: 19). However, Martens, contrary to this statement and the argument of Jhering who claims that “the legal science is downgraded should it become the science of national law" (Jhering, 1924: 15), answers that although the representatives of economic analysis and comparative lawyers had their say, it still is not clear why is there a need to take a look beyond the boundaries of the national legal system (Martens, 2011: 152). Certainly, the argument for the statement by David and Jhering can be found in the saying that "the multitude of laws are governed by one law (supra multitudinem legum ius unum)". However, the finding by Martens also holds true that it may be irrelevant to expect that although legally admissible legal situation could be used worldwide, insofar it is not possible to provide evidence for the logic of common legal solution with the help of an interpretative method (Martens, 2011: 152 and note 35; cf. Keresteš, Repas, 2013: 576). We certainly live in a global world which is followed by Dalmas-Marty’s statement that this global world differs from the historically conditioned arrangement where the state warranted the strength of this arrangement. However, the field of philosophical thought was contrary to this universal and boundless (Šelih, 2008: 12); and we also should not forget that we, both in theology as well as in the law, still think in terms of the European categories. Similarly to the philosophical thought the theological thought was also universal and boundless and if we use the idea of the historian Le Goff "that the only true sciences are those which can explain the connections between the phenomena" (Le Goff, 1996: 17) we might say that it would in no way be disgraceful if the law reawakened its "stem cells" of the historically methodological approach and start explaining the connections between the phenomena. According to Burmeister the law and theology share a common start because they share the methodology and language (Burmeister, 1974: 14 sl.). "The common good of mankind" is called into question since according to Delmas-Marty there exist particularities, elusive concepts, conflicting values, inefficiency of norms, lack of global legal institutions, existence of conflict between values, inconsistency of legal systems, lack of efficiency and a global risk (Šelih, 2008: 12-21). It is known for the law that regardless of the greater reduction of the significance of state it is particular and unable to form such a model that could integrate the world region into a national identity. Despite the attempts proposed by Delmas-Marty (the Thatcher method, the Delors method and the Brandt method) it may be possible to use something else which has been for almost half a millennium advantageously used by the theology – that is, the inculturation method and thus try a renaissance of ritual in the law. Where to look 720 LEX LOCALIS - JOURNAL OF LOCAL SELF-GOVERNMENT S. Krajnc & B. Holcman: Placebo Effect for arguments? Perhaps, in the ritual in theology? Indeed, right there. Why? Symbols are gaining ground in the modern world. According to Boehme-Neßler the world is becoming visualised and if this is occurring in the world, then the law will be forced to adapt to the symbols and their discourse (Boehme-Neßler. 2011: 167). Rituals are closely connected to imagery and the law that is not clearly expressed is losing importance in the media society where it is losing its role. The already mentioned Grotius and Durkheim validate this in the research they conducted. To this we can add Trstenjak's starting point of a human being that is according to him a being of three dimensions, namely that it is a symbolic, semantic and sacramental being (Trstenjak, 1973: 15) and only an efficient symbol is an active symbol. The symbol that is effective and works. Therefore, the term inculturation assumes a benevolent acceptance of every culture and the message of the law must amalgamate with the entire mindset and actions of an individual or nation (Gosar, 1988: 73). In the global world the social, economic and political activity at the level of everyday life ranging from the eating habits to the religious beliefs represent a world of neighbours; the global is interlinked with the local which gave rise to the following paradigm: “think globally, act locally” (Robertson and White 2003; Watson 2004). 1.3 Staged law In his essay Inszeniertes Recht? (“Staged Law?”) Boehme-Neßler discusses the possibilities of modern law in the present-day media society. He says that “the law that will not be capable of unambiguous representation (staging) will lose its function and significance in the media society. In the media society the staged law must develop extraordinary effects. Simultaneously, we also must not overlook the potential danger of it becoming merely a Placebo law” (Boehme-Neßler, 2011: 199). This raises a question of what are in fact the basic starting points of the staged law? Framing and the interpretative pattern as an aid for arrangement and processing of legal information have a special meaning. An efficient frame – formalism – enables the law to be understood and assessed by those for whom it is intended. And the framework in which the regular law is staged must correspond to the goal – that is, to represent the legal system as a mighty, objective and permanent part of the social developments. From the perspective of legal iconography framing may be found in architectural solutions of town halls, court palaces, constitutional courts that are symbolized by the buildings of parliaments and naturally at a more local level by the pillories and gallows. For legal history we must say that the law is full of symbolism arising from life since the archaic period when execution represented one of the most dramatic rituals; the modern law is also familiar with rituals – the ritual of the passing of judgment. The next ritual is represented by the ritual of constitutionality and of the LEX LOCALIS - JOURNAL OF LOCAL SELF-GOVERNMENT S. Krajnc & B. Holcman: Placebo Effect 721 constitutional court and indeed rituals on a completely normal level – documentation, notarial deeds, etc. Moreover, symbols represent a very important aspect in the staging of the law. It is true of the symbols of the present-day society that regardless of the “commonness” (words, gestures, postures, things) of the everyday life they often miss their purpose and those for whom they are intended fail to notice their meaning. Therefore it would be wise to rethink the notion of what to inculturate in the Slovenian area from the legal and liturgical aspect. 2 What path will the Slovenian traditionalists take? Constructive and destructive views on the post-conciliar ritual (liturgy). Through centuries liturgy had a connecting character since in liturgy more than anywhere else the Christian world found its internal principle of unity. According to Dawson "after the fall of the Western Roman Empire the Church’s liturgy had a rich tradition of Christian culture that centred on the order of worship, structure of thought and principle of life.” (Mannion, 2004: 26). In line with this, the maintaining and developing of the liturgical tradition was one of the main concerns of the Church from the early Middle Ages until nowadays because in this way the vitality and continuity of the Church's internal life have been kept. The Christian liturgy permeated various (barbaric) traditions with a new ethical and spiritual quality and regardless of the differences in rituals it joined, integrated and served as a spiritual enrichment. In the last two decades the zeal for liturgical reform acquired various faces that were in the recent years also recognised in Slovenia although so far in very negligible attempts and forms. In order to more easily recognize individual “initiatives” that may otherwise have basically positive intentions, let us take a look at different views and approaches to the issues of the present-day liturgy, for which, similar as for the Church, it applies that it is in constant need of reform – "semper reformanda" (Nocent, 1993). Fifty years after the publication of the Constitution on the Sacred Liturgy one can recognise at least five views on understanding the post-conciliar reformed liturgy (Mannion, 2004: 202-225) in the Catholic circles that according to its elements, proposals and requirements overlap or at least do not contradict each other in multiple instances, except as regards the group that requests a complete return to the Tridentine liturgy. It can be said for all the others that they are in their own way connected to the fundamental document of the renewed liturgy, i.e. the Constitution on the Sacred Liturgy. 722 2.1 LEX LOCALIS - JOURNAL OF LOCAL SELF-GOVERNMENT S. Krajnc & B. Holcman: Placebo Effect Different views in relation to the renewed liturgy The first view is demonstrated as an "official reform of liturgy" in terms of “aggiornamento” and is based on the Constitution on the Sacred Liturgy and presents itself with revised liturgical books of the Catholic Church. The archbishop Annibale Bugnini (Bugnini, 1983) can be counted among its main representatives and advocates and of course the Congregation for Divine Worship and the Discipline of the Sacraments that with its publications of liturgical books, instructions for the right implementation of the Constitution of the Sacred Liturgy and Papal encyclicals leads the course of the liturgical renewal. It is a view that is according to its official character the standard of the Catholic divine worship and around which form different other viewpoints and requests regarding the renewed divine worship. The guidance of this view was the idea of combining tradition and progress, unity and diversity, simplicity and complexity; all this in the spirit of greater and more active participation of believers in the act of divine worship because according to the Constitution on the Sacred Liturgy, the "texts and rites should be drawn up so that they express more clearly the holy things which they signify; the Christian people, so far as possible, should be enabled to understand them with ease and to take part in them fully, actively, and as befits a community." (SC 21). Observing this guidance lead to the admission of national languages into liturgy as well as to a systematic revision of almost thirty liturgical books that were issued following the Second Vatican Council. The second view that strives to establish the pre-conciliar liturgy mainly represents those who do not accept the Second Vatican Council and the renewal of divine worship as well. Committed to the Tridentine ritual they do not accept any liturgical changes, in particular the Missal of Paul VI that should be discarded because of its Protestant inspiration. The more visible representative of this view is former archbishop Marcel Lefevre and his supporters. According to them the Constitution on the Sacred Liturgy belongs to the set of false human documents that had been written by politically motivated fallible bishops. Such a negative traditionalist approach that some call »lay conservatism« (Raymond Brown) towards the new divine worship lead to the schism which Pope Benedict XVI in the year 2007 however rehabilitated (Benedict XVI., 2007) by allowing preconciliar divine worship, in practical terms the supporters of this view maintained their standpoints.5 This act of the Pope for co-existence of pre-conciliar and postconciliar divine worship was favoured in many Catholic circles, especially in those that could now promote their zeal for the celebration of divine worship according to the rite of the missal from the year 1962. The third view can be called "the reform of the (liturgical) reform". It is a group of representatives of a more moderate way (Gamber 1981) who do not want to restore the Tridentine ritual of the Holy Mass but return to the original principles of the Constitution on the Sacred Liturgy and therefore to a less rigorous course of renewal of the pre-conciliar divine worship in terms of the Constitution on the LEX LOCALIS - JOURNAL OF LOCAL SELF-GOVERNMENT S. Krajnc & B. Holcman: Placebo Effect 723 Sacred Liturgy according to which: "there must be no innovations unless the good of the Church genuinely and certainly requires them; and care must be taken that any forms adopted should in some way grow organically from forms already existing" (SC 23). The conviction of the supporters of this view is that this conciliar principle was violated6. That the liturgical renewal exceeded the Council's expectations and in order for that a new order of the Holy Mass should be formed which will be closer to the pre-conciliar and less to the post-conciliar missal. Such a rite would not supplant the missal of Paul VI. but would rather be its alternative form. The following is mentioned among the numerous proposals for such a rite: exclusive usage of the Roman Canon (Prex eucaristica) recited in Latin, the same orientation of the priest and believer during the worship, the communion practiced in one way only, reading of only two and not three excerpts in oral divine worship, the liturgical assistant can only be male, etc. Unlike the previously described two views the next two views are based exclusively on post-conciliar divine worship and can be called 1) the view of inculturation of liturgical reform and 2) the view of the Recatholization of the renewed divine worship. It is common for both of them that they build on the acceptance of the Constitution on the Sacred Liturgy as well as the acceptance of all the renewed liturgical books in the light of the further openness to the development of rituals. The members of the inculturation of the renewed liturgical books are convinced that the renewal of the liturgical books has only started and that greater creativity and adjustment to different cultures are needed. The Pope Benedict XVI also talks about adjustments of the divine worship to diverse cultures when he wrote that also »the fact that certain abuses have occurred does not detract from this clear principle which must be upheld in accordance with the real needs of the Church as she lives and celebrates the one mystery of Christ in a variety of cultural situations« (Benedict XVI, the Eucharist, the Sacrament of Love 54). In the spirit of the Constitution on the Sacred Liturgy that states the following: “even in the liturgy, the Church has no wish to impose a rigid uniformity in matters which do not implicate the faith or the good of the whole community” (SC 37) the supporters of this view propose a greater decentralisation of the Catholic liturgical life, inclusion of the language of both genders, adjustment of the Roman divine worship to different cultures and mutual dialogue. Those are standpoints that somewhat surpass the current standpoint of the official view on the renewal of liturgy7 and serve as a source of inspiration for a more vivid liturgy that would be more addressable to different groups of believers in terms of the profound inner and external collaboration. The view of Recatholization of the renewed liturgy primarily advocates a considerable strengthening of the ethos that permeated the Catholic divine worship. That is, the ethos of beauty, magnificence, spiritual depth and ceremony. Thus it strives for top-quality translations and not so much new translations for stabilisation of liturgical rites and intensive pastoral work. Recatholization means to restore the theological, mystical and spiritual dimension 724 LEX LOCALIS - JOURNAL OF LOCAL SELF-GOVERNMENT S. Krajnc & B. Holcman: Placebo Effect of the renewed divine worship. It is a restoration of the sacred and divine in liturgical actions, commitment to liturgical aesthetics, and emphasis on the sacramental and doxological as well as eschatological dimensions of divine worship. In short, it is based on the acceptance of the current rites on the basis of which our divine worship should be deeply felt, dignified and spiritually more addressable. Of course, slightly more than in general since the liturgical renewal to the present.8 To summarize the enumerated standpoints, we have to say that the view of the “establishment of the pre-conciliar liturgy” and the view of the “reform of the (liturgical) reform” are regardless of the benevolent approval of Benedict XVI (Summorum Pontifucum) unacceptable from the pastoral perspective since they introduce “variety” into the liturgical life that can easily lead to greater liturgical and pastoral problems as was confirmed by the Decree of the Pope Francis with which he unconditionally forbid the Eucharist as communion following the Tridentine ritual to all the members of the Congreganzione dei Frati Francescani dell'Immacolata.9 All the other three views, each in their own way, strive for dialogue and openness to development and internalisation of the mystery »per ritus et preces« (of the rites and prayers) (SC 48) in the mosaic of diversity of opinions and liturgical propositions. Besides the enumerated groups which are with their requests for renewal of divine worship forming a more or less clear view, there exist many other less clear perspectives and requests by individuals and groups that are based solely on their own current pastoral inspiration and intuition. That is, without any greater theological and liturgical profoundness. 2.2 Beginnings of liturgical reform views in the Slovenian area By the abovementioned views and unusual approaches to post-conciliar renewed liturgy we should mention that similar interests of individuals and groups are arising also in Slovenia which nostalgically look back to the previous rite and rely to the approval given by the Pope Benedict XVI who proclaimed the rite from 1962 as an allowed exceptional form of liturgy of the Catholic Church. With the helpless "shoots" of individuals and groups that gaze towards the “novelty” of the pre-conciliar rite it is yet difficult to identify their clear affiliation to a specific restoration view of the liturgy, in particular because certain views, as can be observed above, are mutually interwoven. Currently there are some sympathisers in Slovenia, especially among the young people (seminarians and priests) that following the example of the Pope Benedict XVI want to have some form of »iconostasis« (a large cross facing the priest accompanied by seven candlesticks) between the priest and the congregation so that the priest feels slightly separated from the remaining liturgical assembly with the intention to be more focussed on the mystery of the Sacrifice of Christ. Namely, the cross is a sign that amidst the Eucharist communion proclaims that the mass offerings are equivalent to the Calvary sacrifice on the cross. It is a LEX LOCALIS - JOURNAL OF LOCAL SELF-GOVERNMENT S. Krajnc & B. Holcman: Placebo Effect 725 search for the liturgical privacy that is typical of the pre-conciliar divine worship. The following is stated in the General Instruction of the Roman Missal from 2002 about the altar cross: There is also to be a cross, with the figure of Christ crucified upon it, either on the altar or near it, where it is clearly visible to the assembled congregation. (IGMR, 308) And since the priest is facing the congregation such a cross indeed cannot be facing the priest. Other priests however conjure up the presence of the pre-conciliar divine worship by more frequent use of Baroque chasubles and burettes (which is not forbidden!). Some will also dress up the altar boy in dalmatic in order to create an atmosphere of grander ceremony. However, this is contrary to the significance of the dalmatic that represents the sanctification of the deacon and his service. Moreover, the tendency for the pre-conciliar rite manifests even more through the setting up of the Ad Dominum webpage whose goal was to inspire people to celebrate holy masses in pre-conciliar rite as well as encourage seminarians and other students to study Latin which remains an invaluable treasure of the Church. The latter purpose is worth all the support while the implementation of the pre-conciliar rite can instil disagreements and pastoral discord. According to the webpage report the sympathisers of the pre-conciliar divine worship chose the Church of St. Aloysius in Maribor as a location to celebrate the holy mass following the pre-conciliar rite similarly as they were using the St. Peter's Church in Ljubljana for this form of mass (Blizanac, 2013). This webpage offers articles that idealise the pre-conciliar divine worship and give an impression that post-conciliar liturgical renewal was needless and false. Everything indicates that the division of the Catholic rite to regular and extraordinary form of divine worship is already creating the beginnings of division in the Slovenian Church which is especially evident from the comments to the published articles. And the thing that should unite us most since we pray in Eucharist prayer that »we may be gathered into one« (The 2 Eucharistic Prayer), is becoming destructive and the source of liturgical discord. Therefore, let us by the 50th anniversary of the Constitution on the Sacred Liturgy recall at least one aspect of the "Pentecost of the Universal Church" according to which we acquired renewed divine worship in national language. 2.3 Renewed liturgy for renewed hearts We live in the times when the Christian nations are decreasing, parochial communions dwindling, the number of priests is falling and there is more and more spiritual indifference, moral relativism and inclination towards personal gains and pleasures. The divine worship is however only a required service. Therefore, the Slovenian Church has written in its main document Pridite in poglejte ("Come and Behold") among the pastoral challenges for the future "a return to the sources: to the Word of God, personal prayer and the Eucharist as communion as a fundamental experience of encounter with Jesus Christ" and "to create live communions in which an individual will participate in a creative fashion and experience holistic personal growth" (No. 62 and 64). To return to the Eucharist as fundamental experience of encounter of the Jesus Christ means to 726 LEX LOCALIS - JOURNAL OF LOCAL SELF-GOVERNMENT S. Krajnc & B. Holcman: Placebo Effect accept it as »the most precious possession which the Church can have in her journey through history« (EE 9) and consider the Pope's warning that the Eucharist is too great for anyone to feel free to treat it lightly and with disregard for its sacredness and its universality« (EE 52). Looking at the renewed divine worship we learn that we renewed the liturgical books, however we failed in renewal of priests and believers. We made the rites comprehensible but not the content. We introduced the use of national language but not the spirit. Moreover, we changed and turned the altars but not the priests. We entered the age of minimalism and functionalism but not of active participatory celebration of the entire congregation. However, all this liturgical renewal that has come half circle does not mean that we should turn back and seek a "lost identity". Our identity is renewed liturgy for a renewed heart! Has not the present-day post-conciliar time been "kairos" (the time of mercy”) in which the God reveals the already clearly set direction and path on which to tread? Did not the Second Vatican Council give us a sufficiently clear vision of the Church? The vision which we should enter and in which we should fulfil the details? They say it would be difficult for Homer to write the Iliad due to his blindness. But surely he spoke of the saga that was met with enthusiasm and written by others. Thus, we also did not invent the conciliar teaching but it was rather formed by the Church according to the actions of the Holy Spirit. Therefore, we must meet it with enthusiasm and set it in our lives and let ourselves be guided according to the proclamation of the Second Vatican Council and the rites that were formed therefrom and accept them “in spirit and truth” (Jn 4, 24) since the Spirit that spoke 450 years ago forming the Tridentine liturgy is the one that spoke 50 years ago forming the post-conciliar liturgy. And if we perceive this, the question: “why back, back to the ‘liturgical’ paradise of the Tridentine mass”, which arises from strivings towards restoration, is justifiable. • in case of a really bad liturgical translation of ritual texts it should be supplemented with a sufficiently poetically elevated style of language; greater consideration of literal meaning; sufficiently evident eschatological dimension of liturgy; • if there is a need for a more appropriate selection of the excerpts from the Holy Bible, they should be corrected and supplemented by the current lectionaries and books of ritual; • if the modern liturgical music, art and liturgical spaces do not tell enough of the sanctity of worship, new artistic and substantive contents should be added; if it seems that the identity of the priest is slightly blurred in the post-conciliar liturgy, the service of the priest and layman needs to be evaluated anew and expand the knowledge on the theology of communion (Weakland, 2002: 475-487). In short, to ring the holy "Church's Pentecost" such as was the Second Vatican Council and invite "back, back to the 'liturgical' paradise of the Tridentine mass” is less effective from the individualistic and pastoral perspective and from the perspective of Christ's words "we may be gathered into one” in certain cases also LEX LOCALIS - JOURNAL OF LOCAL SELF-GOVERNMENT S. Krajnc & B. Holcman: Placebo Effect 727 dividing. Let us reveal that “our time, too, calls for a renewed awareness and appreciation of liturgical norms as a reflection of, and a witness to, the one universal Church" (EE 52). May the active participation not be only in understanding and 'comprehension' of the mystery but also in “the experience and 'being moved' by the celebrated mystery that leads to contemplation on Beauty that reveals itself in rites, the arts and singing.” (Bonomo, 1996: 115)The renewed liturgy calls for a renewal of heart and for a renewal of our relationship to the Church. The Church currently with the help of the renewed liturgy and particularly the Missal of Paul VI that is a Witness to Unchanged Faith, a Witness to Unbroken Tradition and Accommodation to New Conditions« (IGMR: 1-15) and gives a living and authentic commentary of the mystery of Jesus Christ and a language that Christ uses every day in his Eucharist presence. By the help of the Missal Christ raises from stillness and silence of his sacramental situation and makes all his reality present in the Church that proclaims his Gospel in the following sense: "Whoever listens to you listens to me" (Lk 10, 16). When at mass I listen to the Church speaking to me through the Missal; in the voice of the bride it is the Bridegroom that I hear. He is the one, as written by St. Augustine, who "prays for us as our priest, [he] prays in us as our head, [he] is the object of our prayers as our God" (Missal 1972, 7). Thus, each day anew the priest using the Missal presents Jesus to one's soul; a new mystery, a new word and a new Eucharist. Through the Missal and other liturgical books we rediscover the Lord on the mountain, at the crossroads, on the banks of the lake, in Nazareth. In short, in all the stages of his Earthly life. And for all this the Tridentine Missal was a closed and sealed book (Beauduin, 2002: 41). However, with renewed liturgy we gained access to greater understanding and experience of the mystery. Therefore, the renewed liturgy that is celebrated in national language following the "Pentecost of the Second Vatican Council" should remain for us also in the future the most intelligible "catechism of the Church" and the best way to speak about God and with God. 3 Conclusion The Placebo effect in law and politics as well as in ritual – liturgy presents a threat in case the law as well as theology are not capable of creating a method for the analysis of the ritual. The idea of staging must necessarily consider the fact that, in any case, both in theology and in its performing part that is represented by liturgy, as well as the law in relation to its essence; that is, liturgy to theology, the legal to justice as their own consequence. Therefore, they are both dependent on the local environment. The staging of theology or law is always in danger to become Placebo – substitute in character. The Placebo or semblance is always a state that occurs whenever the liturgical, political or legal state has been performed for the public, yet actually there is never any realisation – it is ineffective. Instead of an effective and credible action the state is only staged through the symbolism. The reasons for divergence 728 LEX LOCALIS - JOURNAL OF LOCAL SELF-GOVERNMENT S. Krajnc & B. Holcman: Placebo Effect lie in the discrepancy between the limited possibilities offered by the politics, law and liturgy and too high expectations of the modern society. The law is subject to similar discrepancy. We expect more from the law – the global justice – while the governing possibilities of the law are at the same time dwindling. This is most certainly contributed considerably by the digitalisation of the living environment and exclusion of the cultural properties of this environment that set the politics and law against the temptation to solve this problems with Placebo law. The Placebo law is stepping in the realm, regardless of the reasons, of ineffective law and thus increases the possibilities of abuse. Legal proceedings that reach the heart are staged with the help of symbols. However, this removes the critical perspective. The staged law (liturgy) must be able to control the logic of the symbol, because without it, it is always in the danger of becoming irrelevant. 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