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

lunes, 4 de marzo de 2024

WILL EUROPE PERISH? AN HOMMAGE TO ALEKSÉI NAVALNY (1976-2024)

 

Alekséi Navalny (1976-2024)

Friday March 1st, 2024, Mother of God Quench My Sorrows Church


Navalny's Grave at Borisov Cemetery

 

A brave Man and a cowardly Europe

When we are entering Teaching Guide 6 ("The Suicide of Europe") we are facing an unending War in Ukraine. Two years have passed since on Thursday 24 of February 2022 Vladimir Putin ordered  the invasion. 

On 16 February 2024 died in a Russian Jail at the age of 48 the figure that is certainly the simbol of Russian opposition to Vladimir Putin's dictatorship: Alekséi Navalny. This is why we start this entry with an homage to his courage and bravery. 

Officially he died from illness, but it is quite likely that it was an execution ordered by Putin. In fact the Russian President already tried to poison Navalny on the 20 of August of 2020. Alekséi survived, but instead of staying in the West he decided to get back to Russia where he was immediately arrested. Four years later he was found dead in his cell. 

 The worst part of this mournful episode is the general indifference of European and Western Governments on the latest act of villany of one of the most ruthless and corrupt dictators of our time: Vladimir Vladimirovich Putin. The crux of the matter is why we Europeans tolerate such ominous acts.  And part of the answer is that European Governments do not want to get involved in a War after the most traumatic experiences of World War I and II. The other part is that Europeans and Westerners in general have become cowards and spoiled people. And Putin is very much aware of it. 

 Two years ago Putin thought the invasion of Ukraine was going to be a very short war. A Blitzkrieg. A Walkover. Two years later the war goes on with an uncertain issue. The only thing we know is that Putin has brought back war to Europe. A complete strange notion for all those born after 1945. 


The origins of the Ukrainian Conflict

 77 years later we realize that what initially looked like a conflict between two states, appears now more like a wider conflict between the West and the East. As the problem for Putin is that Ukraine want to go West. To join the EU and even NATO. And Putin considers Ukraine part of Russia. Why? Because Kiev was the first Russian Capital. It was the head of the “Kievan Rus”, the first East Slavic State. 


The Kievan Rus in the 11th century

Giving back Russians their pride 

The real problem is that Western Governments did not realize that after the fall of the Berlin Wall in 1989 and the extinctions of the USSR in 1991, they have been humiliating Russians, as President Clinton openly did when he publically laughed about an inhebriated Boris Yeltsin. And Putin have never forgiven us for this and he has done everything since 2000 for giving back Russia its pride. 

In fact Putin woukld like to get back to the USSR times, under Stalin, when Russia was almighty and Ukraine was part of the Soviet Federation. But today the majority of Ukranians not only do not feel Russians, but consider themselves Europeans and want join the EU. 


Between freedom and dictatorship

 In fact the Ukranian War is a conflict about a model of society and civilization. Between liberal democracies and democratic dictatorships called “democraturs”, like the one that exists in Russia, where Vladimir Putin has been in power since 2000 and since then he has developed an illiberal democracy where power has no limits, information is controlled by the state and dissidents are poisoned, like Alexander Litvinenko, or put in jail like Alexei Navalny, the three young women integrating the Pussy Riot punk-rock group, Vladimir Kara-Murza or Maria Ponomarenko. For denouncing the war. Or the Special operation as Putin named it. 


Aleksandr Litvinenko, a dissident writter in his death bed (2006)


                                      The Pussy Riot, a punk-rock  Group imprisoned in 2021


Alexei Navalny, arrested in 2018

Navalny poisoned in August 2020


Vladimir Kara-Mourza. After being poisoned twice he is in since 2022 in prison for 20 years

The Journalist Mariya Ponomarenko. Six years of imprisonment for protesting against Ukrainian War

Putin has a very poor opinion of us Europeans

 Let's recognize that until February of 2022 Putin had done a great job. After reaching power in 2000 after the disastrous government of Yeltsine, his priority was is to give back the Russians their pride, after one decade of humiliation. Knowing that we Europeans we are mostly concerned about how to keep our comfortable lives, he was sure that he could control us through gas and oil production, and that we could be bought by the new Russian oligarchs, that have already transformed London in Londongrad. This is why he was so confident about Ukraine invasion. He thought we would not give a damn about Ukranians as our priority is to live well.  


An unexpected European reaction

 But surprisingly European Governments reacted sending excellent weapons to Ukraine, spending more money in our armies and adopting economic sanctions against Putin’s regime and his bunch of oligarchs, disregard the fact that they affect severely our economies. How so? Because, simply put, Putin has helped us to realize that our whole liberal democratic way of life is in danger. 

And what about Ukranians. In 2014 they had accepted the annexation of Crimea, and were more or less willing to accept that territories were the Russian population is a majority would end up having the same fate. But suddenly they are willing to defend their country to the last soldier. That national narrative that Putin thought was inexistent is jeopardizing a war that he thought was not going to last long because he was convinced that most of Ukrainian population would welcome Russian soldiers as their saviors from a corrupt and “nazi” regime. The problem is that he was misinformed. After 23 years in power Putin only hear what he wants to hear. 

 

Unfortunately for him he has in front the Ukrainian President Volodímir Zelenski a Jew, that studied law, speaks fluent Russian and is a great communicator as he has worked like a comedian from 1997 to 2018, before entering politics and becoming Ukraine’s Prime Minister on the 20 of Mai 2019. Putin did not consider Zelenski as a problem, but the latter, instead of fleeing became the head of the fierce Ukranian resistance, and has become a National hero for more than 90% of Ukrainians. T



It is clear that after two years Western Governments are tired of the War and they hesitate to keep on sending weapons and money to Zelenski. Would that mean that Putin will end up winning the war? We honestly do not know. It will depend greatly on if Donald Trump would be or not reelected. 

 Two things are however clear: 1) as a result of Putin’s invasion Ukraine may lost territory, but the country would never be Russian again. And 2) Europe,  is  not willing to engage in a full scale war. Not in Ukraine anyhow.  And why is Europe so reluctant in getting involved in a war? Well this is what we are going to see in Teaching Guide 6 dedicated to how the mighty European States destroyed themselves in what could be considered the worst war in Human history: World War I. 


 

We do not want war at any cost

 War is shocking especially because for 77 years we honestly thought we were done with war. And looking at the horror of the images of this war, suddenly we remember with panic the tragic holocausts of the two World Wars of the first half of the 20th century that destroyed Europe. The Ukraine situation is bringing us back to some of the darkest moments of our history. It is therefore time to reopen our history books and try to understand how was it possible that in thirty years, from 1914 to 1945, the mighty European Nation-States collapsed and disappeared from the World Front Stage?

How could the insignificant States of the 15th century that in four centuries got to control the world, returned to insignificancy in such a short period? This is what we are going to analyze today from a very concrete perspective: the insufficiencies of the Nation-State model. 

We will start with the apocalyptic conflict that was World War I. May be to this day the worst war in Human history, mainly because it was the first “total war”, meaning that every nation-state involved dedicated all resources, material and human, to exterminate the adversary. In World War I all Europeans were more than happy to go to a war towards a hatred enemy thinking that it was going to be a very short war in the name of nationalism. But War lasted 4 and half long years, with millions of dead and more of crippled. 


Corpses of French soldiers abandoned in a trench

Jean Jaures the Traitor

A holocaust that was sustained by a deeply rooted xenophobic narrative nationally promoted that led in France, for instance, to the assassination of the Socialist leader Jean Jaurès (1859-31 July 1914) simply because he was a pacifist.     The worst part of it was that his assassin was acquitted in 1919 and released, and Jaures widow had to pay the expenses of procedure. Because Jaures attitude was considered antipatriotic and therefore high treason to the French Nation.  No comments!!!


A European suicide

 In fact history has proven that Jaurès was absolutely right, but he could not prevent the disasters that militarism brought to Europe. Because the suicide of the Great War of 1914-1918 led to the abrupt end of Liberalism and the return of authoritarian regimes, starting with Bolshevik Russia, and continuing with Fascist Italy or Nazi Germany. Dreadful dictatorships brought by the aftermaths of the massive and absurd massacre that led the world to war again in 1939, leaving Europe in ruins.  


The "Brandenburg Tor" in May 1945                                                   

This s why the great Belgian singer Jacques Brel (1929-1978) asked himself in a beautiful and moving song “Why they killed Jaurès” (Pour quoi ont-ils tué Jaurès?), released in 1977, in what was his last album, simply called “BREL”, before dying from cancer a few months later.  

    



Pourquoi ont-ils tué Jaurès?


 Ils étaient usés à quinze ans

Ils finissaient en débutant

Les douze mois s'appelaient décembre

Quelle vie ont eu nos grand-parents

Entre l'absinthe et les grand-messes

Ils étaient vieux avant que d'être

Quinze heures par jour le corps en laisse

Laissent au visage un teint de cendres

Oui notre Monsieur, oui notre bon Maître

… Pourquoi ont-ils tué Jaurès?

Pourquoi ont-ils tué Jaurès?

… On ne peut pas dire qu'ils furent esclaves

De là à dire qu'ils ont vécu

Lorsque l'on part aussi vaincu

C'est dur de sortir de l'enclave

Et pourtant l'espoir fleurissait

Dans les rêves qui montaient aux yeux

Des quelques ceux qui refusaient

De ramper jusqu'à la vieillesse

… Oui notre bon Maître, oui notre Monsieur

Pourquoi ont-ils tué Jaurès?

… Pourquoi ont-ils tué Jaurès?

… Si par malheur ils survivaient

C'était pour partir à la guerre

C'était pour finir à la guerre

Aux ordres de quelques sabreurs

Qui exigeaient du bout des lèvres

Qu'ils aillent ouvrir au champ d'horreur

Leurs vingt ans qui n'avaient pu naître

Et ils mouraient à pleine peur

Tout miséreux oui notre bon Maître

Couverts de prêles oui notre Monsieur

… Demandez-vous belle jeunesse

Le temps de l'ombre d'un souvenir

Le temps du souffle d'un soupir

Pourquoi ont-ils tué Jaurès?

Pourquoi ont-ils tué Jaurès?


ENGLISH TRANSLATION of “JAURÈS” 


They were worn up at fifteen years old

They were finishing while beginning

The twelve months were named December


What kind of life did our grandparents have?

Between the absinth and the high masses

They were old before being

Fifteen hours a day, the body on a leash

Leaves to the face an ash like complexion

Yes our Sir, yes our kind Master


Why did they kill Jaurès?

Why did they kill Jaurès?


One cannot say they were slaves

But to say that hey have lived

When you start defeated like that

It’s hard to come ou of the enclave


And though hope was flourishing

In the dreams which were going up to the eyes

Of the few who were refusing

To crawl until the old age

Yes our kind Master, yes our Sir 


Why did they kill Jaurès?

Why did they kill Jaurès?


If by misfortune they survived

It was to go to war

It was to end at war

Under the orders of some swordsman

Who was demanding half-heartedly 

That they go open in the field of horror

Their twenties which didn’t have the chance to be born

And they died in full fear

All miserable, yes our kind Master

Covered with field horsetails, yes our Sir

Ask yourself pretty youth

The time of the shadow of a memory

The time of the blow of a sigh


Why did they kill Jaurès?

Why did they kill Jaurès?


For understanding the horror of World War I, besides the Brel’s song, I give you some recommendations. From the victors side: the Movies “A Very Long Engagement” (Un long dimanche de fiançailles)  of Jean Pierre Jeunet, released in 2004 and  “Merry Christmas” (Joyeux Noël) of Christian Carion Released in 2005, and based on true events. Also the spectacular movie 1917, a Sam Mendes film released in 2019. 


 

And finally, as I guess you are developing a taste for reading, I would recommend you to read Pierre Lemaitre’s Novel “The Great Swindle” (Au revoir là haut) that enabled the author to receive in 2013 the most prestigious French Litterary price, the “Prix Goncourt.”

From the German perspective I will recommend you the great pacifist novel of Erich von Remarque (1898-1970) All Quiet in the Western Front (1929). You can read it or see one of its movie versions: 1930, 1979 y 2022.  


The cost of protecting the socially weak

 As, by the way, it is impossible to understand the Russian Revolution, the Dictatorships of Mussolini and Hitler or the Spanish Civil War (1936-1939) if you do not grasp the social consequences of the expansion of big capitalism and the rising of “the Social question”,  a large part of the text of Teaching Guide 6 (pages 127-139) is dedicated  to this crucial aspect, including the “democratic solution” to the problem unexpectedly  invented by US President F.D. Roosevelt and the New Deal.


By the way the New Deal would lead to the Welfare State Model, consolidated in the UK in 1942 by William Beveridge.  


William Beveridge: the Founder of Social Security 

Something especially important considering the actual resurgence of inequalities worldwide, as a result of the Neoliberal policies started by the Western States in the 1980’s decade. This huge effort to help the poorer classes of our opulent societies has been one of the main causes why we have not had a war in Europe for 77 years. 

In our today’s topic for discussion we will analyze if we are assisting today to a resurgence of the fear of War (with Russia, with China) because of the reappearance of the social question as a result of the overwhelming growing of inequalities all over the Planet.    

How nationalism has brought back war to Europe          

Though the most important idea you have to retain from Teaching Guide 6 is how the Nation-State model brought to the destruction of Europe in only three decades. And how in 1945 when half of Europe was at the mercy of Stalin troops that had occupied Eastern Europe we asked the United States to give us military assistance in case of Russian invasion. And NATO was created the 4 of April 1949. 


In a globalized world and a Europe that sticks together because of economic interest many we were wondering if NATO still made any sense. But suddenly since the 24 of February we have realized that it does. In fact Putin has used the possibility of Ukraine joining NATO as a pretext to start his war. 

Are we are facing a resurgence of a New Cold war in which Western countries are increasingly facing Russia where Vladimir Putin is considering a rebuilt of the Soviet Union dissolved by the Belavezha Accords on the 8 December 1991, the moment in which Ukraine became an independent State? 


We do not want to be free at any cost

 Are we going towards World War Three? Of course that would depend a lot on the attitude of China. So far Putin has tried to get President Xi Jiping on his side. But as the Putin’s Blitzkrieg did not work, China is extremely cautious, as he is aware that the conflict would create a major economic crisis that would bring huge instability to his dictatorial regime. Remember that so far Chinese society accepts dictatorship because it has brought great prosperity. An economical crisis would bring social unrest and would jeopardize the political regime. This is why China is trying very badly to find a way to end this war. Wait and see.

 For 77 years pacifism has been the rule in Europe. But now there is growing fear that war is going to be again on our tables. Because everybody is afraid of war with the exception of ex colonel of the KGB Vladimir Putin, that spend 20% of the budget of the Russian economy in weapons. Bear in mind that for one of the largest countries in the World with 146 million inhabitants, Russian economy is smaller than German Economy (4.036 billions v. 4.597 billions) with only 80 million. 

 The real question is if after Ukraine’s Invasion we Europeans are willing to consider that everything has to be done to prevent Putin of imposing his iron fist in the Old Continent. Getting back to the old proverb: Si vis pacem para bellum? Or simply we would stay in our quiet and confortable material lives considering that Ukraine is not our problem. Even if it costs us our liberty  

But who wants to be free?

 


 INSTRUCTIONS: First read the text included in your Materials (pages 124 to 161), before proceeding to answer the Concrete Questions, the Concepts and the General Questions. 

Concerning the Basic Chronology (pages 158-159) all 21 dates included are crucial.  

TOPIC FOR DISCUSSION IN CLASS: Are we in the eve of Third World War? 

Please consider the following aspects: 

1. Think about what were the causes of the Two European World Wars of the first half of the 20th century.

2. Is Putin imitating the Lebensraum policy of Hitler? Think of the parallelisms of the Austrian Anschluss, The Sudeten Crisis and the Munich Conference of 1938 with the actual policy of Putin in Belarus, Crimea, Donbass and Lugansk and what has been so far the attitude of Western Democracies.  

3. Is it possible to rebuild a Soviet Union in the 21st century? Give arguments in both directions. 

4. Are economic interests in a globalized world so determinant that would make unthinkable a Major War at the World level?

5. Think about the history of NATO and how it has been expanding since 1991. 

6. Review the Cuban Missiles Crisis of 1962 and see if you could establish a parallelism with the Eastern expansion of NATO since 1991.  

7. Think about China’s role in this crisis.

8. Think about the attitude of the US in this crisis. Do you think the approach to the Venezuelan dictatorship of Maduro by the Biden’s Administration makes sense? Is it bearable for Democrats? 





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