Esto es la Universidad.... pública




Este blog está dirigido a vosotros, los estudiantes que acabáis de llegar a la Universidad. A la Universidad pública. A la universidad de todos. La que costeamos entre todos para que independientemente del nivel de vuestros ingresos familiares tengáis la oportunidad de aprender y de transformar vuestra vida. Para que aprendáis Derecho y, sobre todo, os convirtáis en personas pensantes y críticas, dispuestas a integraros inteligentemente en el mundo que os ha tocado vivir.

En este blog encontraréis primero las instrucciones para sacar el máximo provecho de "nuestro" esfuerzo conjunto a lo largo de estas semanas de clase. Pero también algo más: una incitación permanente a aprender, un estímulo para que vayáis más allá de la mera superación del trámite administrativo del aprobado. Escribía el piloto, escritor y filósofo francés Antoine de Saint Exupéry (1900-1944) en El Principito, que "sólo se conocen las cosas que se domestican". Por eso voy a tratar de convenceros de lo importante que es "domesticar" lo que vais a estudiar. Para que sintáis lo apasionante que es descubrir el mundo a través del Derecho. Pero no del Derecho a secas, sino del Derecho en su trayectoria histórica, en el marco cultural de la civilización en la que aparece. Para que comprendáis como sugería José Ortega y Gasset, que preservar nuestra civilización depende de que cada generación se adueñe de su época y sepa vivir "a la altura de los tiempos".

Para ello cada semana os diré qué tenéis que estudiar y cómo, os proporcionaré lecturas y os recomendaré ejercicios. También compartiré con vosotros pensamientos y consideraciones que vengan a cuento, al hilo de lo que vayamos estudiando.

Tendremos que trabajar mucho, vosotros y un servidor. Pero eso dará sentido a vuestro -nuestro- paso por la Universidad. Será un esfuerzo muy rentable para vuestro -mi- engrandecimiento como personas. Os lo aseguro.

Ánimo, y a por ello.

Un saludo cordial

Bruno Aguilera-Barchet

sábado, 27 de febrero de 2021

THE UNIVERSAL MODEL V. THE STATE MODEL

We already know the origin of the key words “nation” and “state”. We are bound now to discover in Teaching Guide number 3 when these two concepts became the favorites ones to organize ourselves as a political community. Let’s remember first of all some facts that are crucial ordered in a chronological order.

                                

The first organized Western society were the Greek Polis, limited to the area of the different Greek cities: Athens, Sparta, Thebes, etc…Greeks were only united for participating in the Olympic Games founded in 776 BC, for fighting the Persians in the medic Wars at the beginning of the 5th century, and under the ephemeral rule of Alexander the Great (336-323). But the Greek Polis were for the rest of the time independent city-states that fought each other when the had the occasion as they demonstrated during the Peloponnesian Wars that first destroyed Athens, then Sparta and finally Thebes. The regime of the Polis could not conceive government away from the city walls. It is significant that when there was an excess of population in a Polis, the surplus of citizens were sent abroad in order to create a new colony that immediately became an independent Polis. This is why Greece was so easily conquered by Rome and became a Roman Province in 146 B.C. Half a century after Spain became a Roman Province (Well in fact two: Hispania Citerior and Ulterior in 197 B.C.).


Why Rome became an Empire? It started as a polis at the end of the 6th century B.C. but 500 years later it was a great power that controlled the whole Mediterranean area. What did the Romans do right? Why they succeeded where Greek Polis failed? First because they were far more organized and they soon developed the idea that they could govern and administrate territories far away from the City of Rome itself. Greek founded independent colonies, Romans founded also colonies (that is cities integrated by Roman citizens) in distant lands, but these Roman colonies were not independent, they were controlled by Roman central Power. First the Republic and after Augustus (27 B.C. – 14 A.D.). Roman extraordinary territorial expansion provoked a brutal crisis of the Republican regime and brought half a century of dreadful civil wars (86-31 B.C), that only ended with the victory of Octavius Caesar Augustus who was a fine politician that convinced that the only way of preserving the peace was to give the power to one man (monarchy). It was first the Prince (First citizen), then the Emperor (as he had full “imperium”) and finally at the end of the 3d century BC the Dominate, because the emperor had become the owner and master of the empire (Dominus).    



In 476 disappears the Western Roman Empire and Europe is occupied by Germanic Nations that create independent kingdoms. But this small kings were never as powerful as the roman emperors. The Roman empire was a universal empire because it reigned all over the known antique world. Since 212 AD all inhabitants of the empire became overnight Roman citizens, subject to the same political leader and under the same Law.

 Of course this “universal model” of ruling disappeared in 476. But the spirit of Roman universalism did not. First because the Roman Catholic Church replaced Imperial Rome. Remember that “catholic” means “universal” (Cathos and holos: “according to the whole”). So the Roman Pope replaced spiritually the Roman emperors. And Second because soon the popes helped a German King “Charlemagne” (the Great Charles) the king of the Franks to become the first Western Medieval emperor on December 24 of the year 800. 

The Universal model had not disappeared, as it was according to the mentality of the Europeans of the Early Middle Ages the idea form of government. In a Catholic society were all men were equal under the eyes of God (Theocracy). Popes and emperors were therefore the most important figures in politics at least until the beginning of the 14th century.


                      


The Late medieval European kings became more and more important, and during the Absolutist period (16th and 17th centuries) became fully independent from Popes and Emperors. Especially after the Westphalia Peace (1648). Nevertheless the idea of a universal empire stroke back constantly under the Holy Roman Empire (962-1806), with Napoleon I (1804-1815) , Napoleon II (1852-1870), the Second Reich (1871-1918), and finally the Third Reich (1933-1945). 




And in our days for a while the United States became since 1918, and especially after 1945 the “De facto” World imperial power. And symbolically they still are despite the rising of great world powers as China, or Putin’s Russia. 



This is what we study in Teaching Guide nr. 3. 

INSTRUCTIONS: First read the text included in your Materials (pages 31 to 45), before proceeding to answer the Concrete Questions, the Concepts and the General Questions. 

Concerning the Basic Chronology (pages 46 to 48) the crucial dates are the following: 590-604, 754, 800, 962, 1054, 1075, 1198-1216, 1303, 1378-1417, 1527, 1534, 1618-1648, 1804-1815, 1806, 1852-1870, 1871-1918, 1929, 1933-1945. 


TOPIC FOR DISCUSSION IN CLASS: Is globalization a de facto return to an Universal Model, as States cannot act anymore on their own, isolated, in the World context?

Please consider the following aspects: 

1. Why Rome became a great Power and Greek Polis disappeared. 

2. How did Octavius Cesar Augustus solved the Crisis of the Roman Civil wars?

3. Why after 476 AD the idea of “Universalism” did not disappear in the West?

4. Why Universalism failed after Charles V (1519-1556) in Europe? What conflict provoked the disappearance of the idea that all westerners were under a supreme unique authority. 

5. What was the main feature of European Political History after 1648?

6. How was organized Europe under the Napoleonic Empire (1804-1815)?

7. How was Europe organized under Hitler’s Third Reich (1933-1945)?

8. Why the World was so relatively stable during the period 1948-1989?

9. Are States in our global world really as independent as they appear? 

10. Is the accelerated "urbanisation" of the planet (by 2050 very much likely 2/3 of the inhabitants of the Planet will live in cities) contributing to globalisation as big cities are beginning to be more important than the States? 


lunes, 22 de febrero de 2021

The Notions of Nation and State in the European Tradition. 2


 Last week we dealt with the origin of a concept as complex as "nation" that since the 5th century AD has been constantly a part of our European culture, though politically not until the Enlightened Revolutions of the end of the 18th century, and specially during the 19th an 20th century. Despite the globalization and the European integration process, nationalisms have not disappeared in the 21st century Europe. Why? Because different groups of people think they deserve to be a separated nation in an independent State. 

This lead us to consider the appearance of the "State," a term that was used for the first time to refer to our political and administrative organisation by Machiavel in his capital work The Prince (1513). This is the sense he gives to the expression in the following texts extracted from Chapter 18th:  


 - "And you have to understand this, that a prince, especially a new one, cannot observe all those things for which men are esteemed, being often forced, in order to maintain the state, to act contrary to fidelity,[4] friendship, humanity, and religion [...]"

- "Every one sees what you appear to be, few really know what you are, and those few dare not oppose themselves to the opinion of the many, who have the majesty of the state to defend them; and in the actions of all men, and especially of princes, which it is not prudent to challenge, one judges by the result [...]".

- "For that reason, let a prince have the credit of conquering and holding his state, the means will always be considered honest, and he will be praised by everybody; because the vulgar are always taken by what a thing seems to be and by what comes of it; and in the world there are only the vulgar, for the few find a place there only when the many have no ground to rest on [...]".

                                   Nicholas Machiavel from Florence

There are today almost 200 independent states in the United Nations Organizations, as this form of organizing a political community has been adopted by almost everyone. Only the ISIS wants to get back to the islamic original Religious community known as the Caliphate. But with not a lot of success, as Siria and Irak are still full states and their respective governments are not willing to give up at all on this.

The statal organization did not appear overnight. It has required centuries of development, going through diferrent steps: the Greek polis, the Roman empire, the Medieval European Kingdoms, the Absolute Monarchies, and the contemporary Nation-States that appeared since the last third of the 18th century in the United States of America or in France. 

Today we will look into the origins of the "State" in the European tradition. Starting with how the Germanic "kings", became "monarchs", and how the feudal concept of "suzerainty" turned into the one of "sovereignty". How the principle of personality of the Law, according to which in the Germanic kingdoms every "nation" had its own "national law," was replaced by the principle of one single law for the whole kingdom (Territoriality of the Law). The example of Philip II of France, who started his reigns as "king of Francs" and ended it as "King of France" is self-explanatory.  


                                      Crowning of Philip II "Augustus" of "France" (1st November 1179)

 Thank to this medieval "monarchs", the European Kingdoms expanded and got organized not only politically but from an administrative and legal perspective. This monarchs became really powerful when they became Absolutist kings that could create their own laws through "legislation", besides being the supreme judicial authorities of the kingdom. Their absolute power, justified by the lawyers formed in Medieval Universities that studied Roman Imperial law and considered the kings as "emperors" in their own realms, and by political thinkers as Nicholas Machiavel (1469-1527) and Jean Bodin (1530-1596), consolidated the idea of the State.



                                                 Jean Bodin

Absolutism was extraordinarily efficient to create powerful Monarchies that would turn into "national kingdoms" before becoming "National States," something that occurred when sovereignty was vested not on the persons of the monarchs but on the "Nation," a terme now understood as the ensemble of citizens, the whole set of people living in a Kingdom or Republic. 

INSTRUCTIONS: First read the text included in your Materials (pages 18 to 25). And then proceed to answer the Concrete questions, Concepts and General Questions. Do not hesitate to ask in class if anything is confusing or not clear. 

Concerning the Basic Chronology (pages 26-27) the crucial dates, the ones you have to remember, are the following: 1188, 1215, 1223, 1302, 1348, 1390, 1513, 1547, 1576, 1624, 1651 and 1661.   


TOPIC FOR DISCUSSION IN CLASS: Be prepared to comment the following quote of Henry Kissinger (1923) : If I had to choose between justice and disorder, on the one hand, and injustice and order, on the other, I would always choose the latter.” based on a quote from Goethe ("I prefer to commit an injustice than tolerate disorder").

Though as Michel Houellebeq precise, these words "[...] were said during the French Revolution in front of the city of Mainz, which had been recovered by the Prussians. He said it only minutes after personally intervening to prevent the lynching of a French soldier who had been evacuated by the troops of the Duke of Weimar. In the context, the "injustice" consists of sparing an enemy soldier who may be a great criminal. The "disorder" is that of the unleashed, bloodthisrty rabble, ready to tear a man to shreds. Thus, in his mouth the phrase really means the opposite, exactly the opposite of what you say he meant. Indeed, since Barrès he has allways been misinterpreted." (Extracted from Michel Houellebeq and Bernard Henry Levy (2011) Public Ennemies London: Atlantic Books). 

Please consider the following aspects: 

1. The contrats between the Greek Classical Polis and the Roman Empire. Why Rome became a big power and not the Athenian democracy?

2. How traditional kings, issued from a concrete family (dinasty) became "monarchs" (From the Greek "monos" one and "arcos" power). 

3. The difference between the concepts "Suzerainty" (within the frame of a feudal society) and "Sovereignty" (framed in the late medieval period, and in the Absolutist era by Jean Bodin). 

4. What means that the Medieval monarchies turn "territorial"? What are the consequences of this territorialisation? 

5. Bear in mind the "Technical advantages" of Absolutism (pages 22-24) over a theocentric and feudal society where the kings shared their power with the "Assemblies of Estates". 

6. Please consider that the growth and development of the idea of "State" relies on the expansion and growth of European Monarchies demanding a significant bolstering of royal power. 

7. Consider also why after World War I, the European liberal "laissez faire" regimes gave  way to totalitarian models of state like in the Soviet Union, the Fascist Italy or the Nazi Germany. Think of the conditions that enabled the bolstering of State power and the dissolution of democracy and the Rule of law. 

8. Do you think that the actual Pandemic situation justifies a bolstering of the Government powers, restricting individual liberties and fundamental rights, as for instance proclaiming the "state of alarm" for 6 months, in clear violation of the 1978's Spanish constitution which clearly requires its renewal every two weeks.   




miércoles, 17 de febrero de 2021

The notions of Nation and State in the European Tradition. 1

 After our first contact we will start this second week with the two first Teaching Guides out of the five you will have to study for the exam of the 18th March. Lets deal in this entry with Teaching Guide 1. 


                 





Teaching Guide nr. 1 deals with "The Origin of European Nations", pages 7  to 16 of your Materials. Please read carefully the text (pages 8 to 13) and then proceed to answer the Concrete questions, understand the Concepts, and answer the General questions. If you have any doubts about any of these, please ask in class. 

As you see you have some dates (Basic Chronology in page 14). The crucial ones are the following: 378, 395, 476, 496, 568, 573, Pope Gregory's Papacy (590-604) and 654. You should learn them by heart as the first part of the exam consist on remembering crucial dates. 

TOPIC FOR DISCUSSION IN CLASS: 

- Do you think that the concept of "nation" is still valid in our today's Global world? Is it compatible with European integration? Is the EU a problem or a solution for nationalistic conflicts within Europe?

Please consider the following aspects: 

1. What was the sense of the word nation during the period of the Germanic kingdoms. 

2. What were the "national legal bodies" in the Germanic kingdoms. You have to distinguish between the principle of personality of the Law and undertsand the meaning of Territorial Law. Consider what happened in the Roman Empire in 212 AD with Roman citizenship and what was the situation after 476 AD. 

3. What was the meaning of the term "nation" in Medieval European Universities (FN 11 and 14). 

4. How the term nation changed in the 19th century according to authors like John Stuart Mill (FN 7) and Ernest Renan (FN 8). 

5. Look at George Orwell distinction between "Nationalism" and "Patriotism" (FN 10). 

6. Consider Geary's position  in the last paragraph (pages 12 and 13) abouth the political use of the past to justify the "rethoric of nationalist leaders". 

7. Consider if they are any links between "racism" and "nationalism". 

Be prepared to discuss in class about the Catalan and Basq issues in contemporary Spain. You can also think of Nationalist issues in the UK (After Brexit) or in Belgium.   And of course the Yugoslav Wars from 1991 to 2001. 


Berlin Olimpic Games August 1936

Barcelona:  Prat Airport October 2019



jueves, 11 de febrero de 2021

Welcome to the Class European Union Political History

 Dears Students,

It is a great pleasure to welcome you to this new edition of European Union Political History. Certainly a weird edition in the wave of the disturbances caused by this Pandemic situation. For a whole year now the World has been obliged to live in a different way. And even if when the Pandemia will disappear from our lives -all Pandemias do- life might not be the same afterwards. 

Despite our personal experience of suffering, weariness and boredom, and the fact that in February 2021 there are over 100 million cases, with 80 million recoveries and 2,4 million deaths, if we look back into History considering previous Pandemics we will realize that it is not a big deal considering we live in a 7 billion people World. Look at the following image where you will see graphically that this Covid 19 is a "tiny" Pandemic.




 This is the big advantage of History: it help us to understand where we are in the present moment. The problem with Covid 19 is that for a long time we have lived comfortable lifes, and we thought that through science and technology we controlled completelly the World. We do not. Please remember how odd is that we have forgotten that from 1981 to our days AIDS has killed 35 million people and you will understand that our fears on the one hand come from the fact that we do not control the situation and on the other that we are not used to suffer in our materially comfortable world. 

I start this course with this reflection to stress how important is to look back into History to understand our Present. And this, of course, is valid as well for understanding the European Union. A quite difficult thing if we just look at what is happening in this strange association of States right now. Without considering its origins and its further developments the EU is completely ununderstandable. So lets look at its History. 

The EU starts in 1992 with the Treaty of the European Union, familiarly called the Maastricht Treaty. But the history of European integration, that is getting back at when we started the Communitarian Method, goes back to the Spring of 1950 with the Schumann Declaration. And the creation of the European Coal and Steel Community is impossible to understand without looking at which was the situation in the World after 1945. And so on. This why we will start from the beginning to understand how Europe started after the Fall of the Western Roman empire, with the first European nations, the Barbarian people that created the first Germanic Kingdoms. All the way to the Brexit and the Covid Pandemic. 

For dealing with such an extensive History you will have to work intensively the Written Materials that are at your disposal. I will suggest every week what part you have to work for presential and "on line" classes. It is not eas to organize the course with the split of the group in two for the presential classes. But we will make it. The idea is that we will take advantage of the presential classes to interact in an effective way, while in the on line ones we will explain the corresponding Teaching Guide. By the way I will advise you to print in paper these materials, because it will enable you to include clarifying notes in it.  

Concerning the Evaluation, you will have a partial exam on March 18 which will include all the materials of the firs 5 Teaching Guides (up to page 122).And there will be a final exam on May 14. Both exams presential. With dates, concepts, short questions and longer questions. The mark you will get as an average of the two exams will represent 60% of your final mark.

The big novelty in this course edition is that the remaining 40% will be the result of the evaluation of the Book Reports corresponding to the three compùlsery readings you have to get through, and the Essay you have to write. You have all the details in the Aula Virtual. But we will explain how it goes in the classroom. 

I am extremely concerned about the efficiency of Education. This is why from page 320 to 345 of your Materials you have an Education Appendix with some interesting texts that try to make you think about what should be the aim of Education. Because I am really concerned with the fact that we should work in the learning process in the most efficient way. And this the reason why I oblige to read and write, and most of the exam will require that you fully understand the materials Memory is a useful tool, but is not enough to learn. The basic aim is that you understand. 

A final consideration: please try to assist to as many presential classes as you can. I am not obliging you to do so because of this Pandemic situation, but I will take into account your interventions in the classroom. Bear this in mind. The Socratic Method is for me, by far, the best way to learn. And is fun!!!

Good luck!





 



martes, 2 de febrero de 2021

NOTAS SOBRE EL COMENTARIO DE LIBROS

 


Buenos días a todos. Os paso las notas correspondientes a las fichas comentarios que habéis hecho sobre los dos libros que teníais que leer. Sé que ha resultado un gran esfuerzo y por ello os quiero agradecer vuestra dedicación. Aprender a leer y a escribir bien es la base sobre la que tiene que construirse una buena educación. Solo así el esfuerzo vuestro y el nuestro tiene sentido. 

¡MUCHAS GRACIAS!  

APELLIDO, NOMBRE

LA LEY DEL MENOR

LEJOS DEL CORAZÓN

NOTA

 

 

 

 

AFAILAL HOSNI, Doua

8

7

7,5

AGUIRRE SOCAS, Susana

9

8

8,5

ALFARO KERGUELÉN, Sylvia

6

7

6,5

ALVAREZ CIENFUEGOS, Jaime

9

9

9

ARIZA SÁNCHEZ, Lucía

7

7

7

ARZE ESCALERA, Jazmín

5

6

5,5

BARRADO FERNÁNDEZ, Iván

9

9

9

BELLO AYUSO, Jaime

8

8

8

BENAVIDES MORENO, Francisco

7

7

7

CANDO ALVIA, Carla Noelia

7

8

7,5

CAPILLA JIMÉNEZ, Sergio

6

6

6

CASTRO FERNÁNDEZ, Guillermo

9

8

8,5

COLMENAREJO MARTÍN, Celia

7

NO PRESENTADA

 

DABIS AL-GAILANI, María Tiba

9

9

9

GALINDO DEL BARRIO, Pablo

3

3

3

GARCÍA BARAHONA, María

8

8

8

GARCÍA GONZÁLEZ, Lucía

9

8

8,5

GARRALDA RAMAL, Manuel

7

7

7

GONZÁLEZ SALMERÓN, Noelia

8

8

8

GUAL PERELLÓ, Albert

8

9

8,5

HERNÁN MAMOLAR, Belén

10

10

10

HERRERO LÓPEZ, Andrea

5

5

5

MACÍAS FERNÁNDEZ, Miguel Alejandro

7

7

7

MANIEGA FRANCISCO, Pablo

9

9

9

De MANUEL MARTÍN, Natalia

8

7

7,5

MARTÍN HERRANDO, Marta

6

7

6,5

,,MARTÍN PÉREZ, Lucía

8

8

8

MARTÍN SILVA, Diana

8

8

8

MARTÍNEZ GALIANA, Esteban

9

8

8,5

MATOS SILVA, Andrea

SIN NOTA POR PLAGIO EN LEJOS DEL CORAZÓN (RESUMEN)

MESÓN LÓPEZ, Alejandra

5

5

5

MORERA NAVARRO, Rocío

8

7

7,5

MULLER GONZÁLEZ, Luis

9

8

8,5

MURILLO LÓPEZ, Alejandra

9

7

8

NÚÑEZ VALLEJO, Nicole

10

NO PRESENTADA

 

OLAYA LASSO, Manuel Esteban

7

8

7,5

ORDOÑO RÓDENAS, Paula

8

8

8

OSAZEEMEN EHIGIAMUSOE

6

6

6

OVEJERO GARCÍA, Cristina

7

7

7

PALACIOS ORREGO, Luis Antonio

10

10

10

PEÑA CORTÉS, Alvaro

6

7

6,5

PÉREZ BERMEJO, David

8

8

8

PIÑÓN TORRE, Claudia

8

8

8

PORTILLA ORTIZ, César Andrés

8

9

8,5

RODRÍGUEZ GARCÍA, Alejandra

10

10

10

SÁNCHEZ ARANDA, Salvador

6

7

6,5

SANTANA PÉREZ, Daniel

7

NO PRESENTADA

 

SANTANDER DOMÍNGUEZ, Sara

9

10

9,5

SANZ DE LAS HERAS, Lucía

6

8

7

SANZ LÓPEZ, Daniel

7

NO PRESENTADA

 

SOLÁ BENITO, Daniel

8

8

8

SORIA SÁNCHEZ, Daniel

PRESENTÓ UNAS FICHAS EN UN FORMATO QUE NO PODÍA ABRIR. LE ESCRIBÍ PARA INDICARLE QUE ME LAS ENVIARA DE NUEVO PERO NO HE RECIBIDO NINGUNA RESPUESTA

 

TOAPANTA ÑACATA, Solange Michelle

6

7

6,5

TORRES SERNA, Inés

7

8

7,5

VALLEJO JUIZ, Julen

7

7

7

WANG, Yan Nan

7

6

6,5