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

jueves, 3 de febrero de 2022

ON NATIONS AND NATIONALISMS

 


 The word "nation" comes from the Latin natio-nationis, which refers to one's place of birth. In the same way that the term "native" designates those sharing the same geographical origin, "nationals" are those born in the territory of a given state, or born from parents that are “nationals” of this state. 

A Weird fiction

In European history, the term "nation" initially designated the Germanic peoples who settled in territories of the ancient Western Roman Empire from the 5th century on, and the groups of students of the same geographical origins who studied at medieval universities. The term was revived with a political meaning in the American and French Enlightenment-era revolutions to designate the inhabitants of a state who had deprived kings of "sovereignty" and transferred it to the people. Thus, the French Revolution was not officially consummated until July 14, 1790, when delegations from all over France met in Paris to celebrate the fact that they then formed one "nation".

Paris, July 14, 1790 

But it is one thing for the state to define the rules by which it applies its law to people, and quite another for being a native or national of a state to become a determinant of one’s identity, on a level with ethnicity, gender or physical or intellectual characteristics. Again, we must bear in mind that "nationality", "nation" and "nationalism" are all mere inventions. Thus, it is not enough to be, legally, the "national" of a state. One also has to believe in it, as articulated by John Stuart Mill (1806-1873) when he argued that:

A portion of mankind may be said to constitute a nationality if they are united among themselves by common sympathies which do not exist between them and any others –which make them cooperate with each other more willingly than with other people, desire to be under the same government, and desire that it should be government by themselves, or a portion of themselves, exclusively”. (John Stuart Mill (1861) Considerations on Representative Government. Beginning of Chapter XVI).


Along this same line, the French thinker Ernest Renan (1823-1892), at a speech he gave in Paris on March 11, 1882, advanced the idea that the nation is a "daily plebiscite" - a popular consultation, in short, a referendum - on whether or not the heritage of a long history of joint efforts should be preserved, and that if that plebiscite is rejected at some point, the nation ceases to exist.  This is because he thinks that: 

 “A nation is a soul, a spiritual principle. Two things which, properly speaking, are really one and the same constitute this soul, this spiritual principle. One is the past, the other is the present. One is the possession in common of a rich legacy of memories; the other is present consent, the desire to live together, the desire to continue to invest in the heritage that we have jointly received.” (Ernest Renan, (1882) What Is a Nation? ). 



The idea of the nation is a fluctuating and indeterminate one, as it appeals more to our emotions than to our reason. George Orwell, as early as 1945, was extremely critical of "nationalism", which, in his view, consisted of "the habit of assuming that human beings can be classified like insects and that whole blocks of millions or tens of millions of people can be confidently labeled "good" or "bad." But secondly -- and this is much more important -- I mean the habit of identifying oneself with a single nation or other unit, placing it beyond good and evil and recognizing no other duty than that of advancing its interests". (ORWELL, Georges (2007) “Notes on Nationalism” in G. Orwell The Collected Essays: Journalism and Letters of George Orwell 4 vols. Boston MA: David R. Godine. Vol. 3, p. 361).



When the national narrative of a state falters, other, alternative narratives often emerge. In fact, some people are not comfortable as nationals of the state they live in, considering themselves members of a different "nation". These sentiments and struggles can range from mere grumbling, to massive demonstrations and activism, to outright violence and revolt. These nationalists (aka separatists, secessionists, regionalists) aspire to a "divorce" from their states, but invariably harbour plans to establish new states, which, ironically, are bound to be vulnerable to future movements to found, in turn, new ones.

A dangerous fiction

Tensions and disconnects between states and nations are as old as the hills, and have been at the root of many wars. Most recently, the 20th century saw two devastating world wars triggered by disgruntled nationalists, taking a gruesome toll of millions dead and many more crippled for life. 

                Exhumation of a Mass grave of the Srebrenica Massacre

  

                           Cemetery and Memorial in Srebrenica

Some might suggest these wars fuelled by nationalisms are a thing of the past. Unfortunately, nothing could be further from the truth. Without going any further, a clash between states and nationalisms triggered the horrific Balkans War between 1991 and 1995, just yesterday in historical terms. Let’s just remember how Serbs, Croats and Bosnians did not hesitate to engage in horrendous processes of ethnic cleansing, resulting in massive population displacements and, in some cases, genuine massacres, such as the horrific genocide in Srebrenica, where between July 13 and 22, 1995 the Serbian Colonel Bosnian Ratko Mladic, encouraged by the President of the Serbian minority of the Republika Srpska of Bosnia-Herzegovina, Radovan Karazic, coldly ordered the shooting of 8,327 Muslim men, women and children.  

                                                 Ratko Mladic and Radovan Karazic

The example of Yugoslavia's disintegration continues to constitute a point of reference and touchstone for certain nationalist movements. Such is the case of Catalonia, whose president, the separatist Quim Torra, in December 2018  endorsed a declaration of war on Spain to achieve independence via the "Slovenian route".


                

                                                    Berlin 1936

     

                                                     Barcelona Airport in 2019

Drawing parallels between Catalonian and Slovenian nationalism is problematic, however, to say the least. First, because in the second decade of the 21st century the entire European historical scenario has radically changed. The fall of the Berlin Wall, German unification, and the collapse of Europe's communist regimes favoured, in the early 1990s, an eastward expansion of the European Community, which at the start of the decade consisted of 12 members. Today things have changed substantially for European nationalisms struggling for their own states, as the prevailing sentiment is that the European Union has grown too much too fast, and that too many member states imperil its survival. Thus, some are floating the idea of a "two-speed Europe"; that is, one in which the countries of the South would be subject to a different regime than those of the North. 

 This why Brussels does not look favourably on a "Balkanization" of the EU, which would exacerbate the already serious difficulties involved in managing common affairs between 27 states without a strong European federal power. Under these conditions the EU is in no mood to endorse the independence of Catalonia, considering that Catalonian public opinion is, in fact, almost evenly divided, giving rise to a prickly stalemate that has been a thorn in the side of Catalonian, Spanish and European politics for years. Fortunately, the conflict has not been violent, but it is generating increasing tensions and fanaticism on both sides. Although one might concede that peaceful movements for independence are absolutely legitimate, the narrative underlying the Catalonian campaign has been shamelessly specious, as at no time in its history has Catalonia been an independent nation-state, as independence activists have often claimed. Despite this, it might become independent, for the first time, if separatists manage to articulate the argument for independence in a compelling and persuasive way, offering an alternative to the narrative in which Catalonia forms, and ought to form, part of Spain, which, for the time being, has prevailed. Renan's permanent plebiscite (see above) is being won, for now, by those supporting the unity of the Spanish state. In these cases, in order to win, one must first convince.

     

        Zaragoza, December 11, 1987 (ETA killed that day 5 children among the victims)

  

                    

                        Irene Villa: the Symbol of ETA's barbarism    

 Nationalist feelings caused much more pain in the Basque Country, as Basque separatism spawned a terrorist war led by the terrorist organization ETA (1961-2011), which killed 829, wounded 3,000, and deeply scarred Spanish society, as ably described by Fernando Aramburu in Patria (2016). 


   

 After the assassination of Miguel Angel Blanco.   


        

                            His assassin Txapote


                                                 

Catalonian separatism has split the region's society into two bitterly divided camps, with this discord coming to a head in October 2017, when a failed Unilateral Declaration of Independence sparked great controversy and turmoil throughout Spain, being largely responsible for  the emergence of Vox, the first right-wing populist party after Franco's death. 

It is more than understandable that the EU does not want to open a Pandora's Box, encouraging other regions with strong identities to move towards secession. Belgium, for example, could very well be divided into two states: one Walloon and the other Flemish. In Italy, the Northern League would separate Padania from the country if it could, and South Tyrol could end up forming part of Austria again. Brittany and Corsica, emboldened by such secessions, might begin a struggle to break off from the République Française. Scotland, and perhaps Northern Ireland, could abandon from the United Kingdom, particularly in light of the fact that most of their people opposed Brexit. Then there is mighty Germany, where many inhabitants of the former East Germany still feel nostalgia for the communist-era GDR (1949-1990). In summary, in a Europe marked by such weak integration, "Balkanization" would most likely dynamite the European project. 

Sarajevo Killing in June 28, 1914. The cause of 16 million dead in WW1

It is no wonder, then, that the European Parliament, on November 26, 2020, rejected a proposal to recognize the right to self-determination within the European Union by an overwhelming majority. The motion was rejected by 487 votes against, 170 in favour and 37 abstentions.


HOW TO STUDY 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. 


French "Gueules Cassées". The Aftermath of a Nationalist War (WW1)



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