ENERGY. — In general it means activity, action, power, force. In its technical sense, the concept, specifically defined by science, appears only recently.
The concept of energy is indispensable so that the things of this world can constitute an object of experience. Therefore every body is a complex of energies (G. Ostwald, *Vorlesungen über Naturphilosophie*, Leipzig 1905, pp. 170, 171, 180, 181). There exists only energy, which is the true, sole reality: "Die Energie ist die allgemeinste Substanz, denn sie ist das Vorhandene in Zeit und Raum, und sie ist das allgemeinste Accidenz, denn sie ist das Unterschiedliche in Zeit und Raum" (G. Ostwald, op. cit., pp. 146-147). We know the world through sensations, which are different energies (cf. G. Ostwald, *La dovuta de l'atomisme contemporain*, in *Revue générale des sciences*, 6 [1896], p. 956). Every phenomenon is a displacement of energy, in space or a change of form of the electron. "On entend par énergétique le développement de cette idée que tous les phénomènes de la nature doivent être conçus et représentés comme des opérations effectuées sur les diverses énergies" (G. Ostwald, *L'énergie*, p. 119). Energetic processes are also important in psychic, social, and cultural life. Ostwald even formulates the "energetic imperative": "Vercluade le energie, verrere seie" (G. Ostwald, *Der energetische Imperativ*, Leipzig 1912, passim).
In physics, energy in general is that which can be produced by work or converted into work, work being the application of a force over a displacement (dL = fd). The electron is a body and the capacity of it to produce work: a compressed spring, a moving body, a fuel, etc., possess energy.The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring.
The electron is a body in motion, a fuel, etc. The electron is a body in motion, a compressed spring.
The electron is a body in motion, a compressed spring, a body in motion, a
However, according to the principle of complementarity by N. Bohr, the corpuscular and wave aspects are like two sides of an object, which cannot be observed simultaneously but must both be examined one at a time to fully describe the object (L. De Broglie, *I quanti e la fisica moderna*, Italian trans. by U. Richard, Turin 1938, p. 228; cf. E. Persico, *I fondamenti della meccanica atomica*, Bologna 1943, pp. 142 ff.).
As for the relationship between matter and the electron, considering experimental results, it must be said that the electron exhibits a property similar to that of matter, called mass, by which it resists the impulse of a force. This does not imply in any way that every mass must be a concentration of electrons.
From a metaphysical point of view, the emphyteusis is the foundation of the activity of bodies, since every bodily operation occurs by means of II. Every being, by its own intrinsic finality, has an essential tendency toward the fulfillment of itself, a fulfillment that comes about through operation, which puts it in communication with other realities. *"Baxström &strö, öv &strö, Egeyö, Egexö töö Egeyö (De caelo, II, 3, 286)"* (Aristotle speaks here, saying that whatever has its own operation is for the sake of that operation: for every thing desires its own perfection as its end, and operation is the ultimate perfection of a thing) (St. Thomas Aquinas, *De Caelo*, II, lectio 4). This also holds true for the body, from whose essence the operation springs. The emphyteusis, which grounds the activity of bodies, is therefore rooted in the very essence of the body as an extension of II. The emphyteusis is not matter, as energeticism claimed, but an essential will governing the structure and behavior of matter.
The emphyteusis is studied to the extent that it is measurable by physics. Quantitative measurement of the emphyteusis is possible because it inheres in the extended; the concrete extended, insofar as it is extended, is measurable and subject to the laws of geometry and mathematics. Because of this, the emphyteusis itself is measurable and subject to calculation (cf. P. Hoenen, *Cosmologia*, Rome 1945, pp. 176 ff.).
Moreover, those who resort to forced alienation are reminded of the provisions of can. 2341, which imposes a special penalty reserved to the Holy See for anyone who submits his own Ordinary to a civil judge, and makes it possible to impose ecclesiastical penalties on anyone who submits other clerics in derogation of the *privilegium fori* (can. 120).
Furthermore, it is recalled that all such persons, by contravening the precise provision of can. 1542 § 1, must also be considered unjust detainers of ecclesiastical goods and, therefore, by virtue of can. 2346, cannot be absolved from the penalty or other punishments incurred until they have made restitution for the damages done to ecclesiastical benefices and entities.
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### III. THE EMPHYTEUSIS IN ITALIAN LAW
The Italian Civil Code retains the institution of emphyteusis (Book III, Title IV). The grant may be perpetual or temporary, provided it lasts at least twenty years (art. 958).
The emphyteuta has over the fruits of the land, treasure, subsoil exploitation, and accretions the same rights as a proprietor (art. 959). He is obliged to cultivate the land and to pay the grantor a periodic rent in money or in a fixed quantity of natural produce (art. 960). He is also liable for taxes and other burdens on the land, except as provided by special laws (art. 964).
The emphyteuta may redeem the land after twenty years from the constitution of the emphyteusis. The constitutive act may stipulate a term longer than twenty years, not exceeding forty. Even when no term is specified in the constitutive act, if a plan of improvement is provided, the emphyteuta may not proceed to redemption until the improvements have been completed (art. 971).
Conversely, if the emphyteuta fails in his obligations—namely, if he does not improve the land (or worse, deteriorates it) and is in arrears for two years’ rent—the grantor may demand the reversion of the emphyteutic land (art. 972).
The emphyteuta may dispose of his right without paying any compensation (*laudemium*) to the grantor, whether by inter vivos act or by testament (art. 963); however, in case of sale, the grantor is preferred under equal conditions (art. 966).
No remedy may be sought for any reduction in the yield of the land: any sterility of the land results in forfeiture (art. 960). A revision of the rent may occur only after ten years from the grant (and subsequently at similar intervals) if the value of the land has at least doubled or halved compared to the initial value or the value ascertained in the previous revision (art. 962).
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### IV. MORAL PERSPECTIVE
From this final perspective, emphyteusis perfectly accords with the destination of goods and the motives generating private property. Private property finds its strongest justification in the need to provide an economic incentive for labor to transform things and render them more effectively serviceable to humanity.
For this reason, the institution of emphyteusis, possibly adjusted and adapted to new circumstances, can still find useful applications today and render great service to humanity (e.g., grants of land in primitive or depopulated territories).
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### V. FUTURE PROSPECTS
Although the dynamism of modern economic life, which cannot fail to influence positive legal systems, has caused this form of land tenure to fall into disuse—also in deference to the trend toward ensuring greater freedom for landed property from every real encumbrance and burden—it must be held that emphyteusis can still play an important role within the framework of agrarian reform and the directives contained in Article 44 of the new Italian Constitution.
Christian social doctrine cannot but view this institution with particular favor. For this doctrine is oriented toward promoting, by every means, the spread of small owner-operated farms, both for obvious reasons of social pacification and because ownership of a home, land, and the tools of one’s labor secures for the worker that economic self-determination which is the basis of political freedom and facilitates the protection of human dignity and the exercise of moral and intellectual capacities. The Supreme Pontiffs, from Leo XIII to Pius XI and Pius XII, have not failed to recommend in their encyclicals to all who labor in the social field the practical realization of these principles, with all the practical measures dictated by the diverse possibilities and exigencies of different agricultural zones. Now, emphyteusis itself offers the possibility of steering the Italian rural masses toward small owner-operated farms without depriving proprietors of the just compensation due to them or burdening the state’s finances with new expenses, while enabling, through the fulfillment of improvement obligations, many reclamation works that fall to private initiative.
An extremely broad autonomy, not only in the management of the farm but also in the disposition of emphyteutic rights—which can be alienated and transmitted by inheritance—confers upon the worker all those advantages that are proper to the small landowner.
Both parties are safeguarded from the disturbances, now so frequent in agricultural economics, through the decennial revisability of the rent, in relation to variations in the value of the land, naturally excluding improvements or deteriorations attributable to the emphyteuta himself.
On the other hand, the rights of the owner and the superior interests of national production are effectively protected by the right of reversion of the emphyteutic land in favor of the grantor, in cases of biennial delinquency, deterioration, or violation of the obligation to make agreed-upon improvements. In this way, the danger of ceding lands to less capable tenants is avoided, and the cultivator is educated in the love of work and sacrifice, without which no economic-social elevation is possible.
However, the peasant’s aspiration to full ownership of the land on which he lives and works can also be realized in favor of the less affluent through gradual payments, at the expiration of twenty years from the establishment of the emphyteutic right, by means of the redemption of the land, upon payment to the
ENFITEUSI – ENGELBERG
During Saul’s persecution, David took refuge there, taking advantage of the inaccessibility of the cliffs, “accessible only to the chamois” (Vulgate, 1 Sam. 24:1-3). There the Ammonites, Moabites, and Edomites gathered against the king of Judah (1 Sam. 24:2).
En-Gedi today is an oasis on a kind of terrace suspended more than 120 m above the Dead Sea level, surrounded to the west and north by an immense circle of sheer cliffs, stratified in various layers. The spring has clear waters, of high temperature (27°C), rich in calcium carbonate. In antiquity, the oasis, fed by the spring, was cultivated with vines and palm trees (Cant. 1:14); the ancient name and Flavius Josephus speak of palms. Today, the abundant spring nourishes a grove of tamarisks and acacias and some shrubs of the “porno of Adam” (calotropis acera) and irrigates the Bedouin cultivations. Near E., the Essenes practiced their ascetic life.
Vincenzo M. Iacono