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, 26 de marzo de 2026

THE HEIGHT OF EUROPEAN NATION-STATES (1815-1914)

 

The Vienna Congress (1815)

1. Introduction                                                                              

The 19th century is the European century. And the reason for this state of things is that the nation-State model reaches its peak between the Fall of Napoleon and World War I. Thanks to this the European Nation-States control the world in 1900. The Nation-State model did not prevail easily. From 1814 to 1848 the history of Europe is characterized by the fight between the Absolutists sovereigns reunited in the Congress of Vienna (1815) and signatories of the Holy Alliance that is implemented through the Metternich's policy of counterrevolutionary military intervention, and the supporters of the Laissez-faire (liberal) regime, that try to consolidate the principles of the French Revolution: a Constitution, a Representative parliamentary regime, a set of Fundamental rights and a deeply orientated market economy with an absolute rejection of any Government intervention.

  Klemmens von Metternich (1773-1859)

 Thanks to Metternich's system European sovereigns agreed on a common policy to fight successive Liberal revolutions. First  the ones  that tried to be imposed by military uprisings, like the one started by Riego in Spain in 1820, or the Decembrist Revolt in Russia (1825).

The Decembrists in Saint Peterburg (1825) 

 The last one was leaded by military officers that got acquainted with the French revolutionary principles during the wars against Napoleon, masterfully described by Leon Tolstoi in War and Peace, published in the Journal The Russian Messenger from 1865 to 21867, before being published as a novel in 1869.  

                                                                    

Leon Tolstoy in 1908

Unfortunately for the Absolutists the Metternich's system ends when the UK walks away from the Holy Alliance because Her Majesty's Government accepts the fact that the British ruling classes do not want to back the repression of the rebellion in Spanish America. Not because they sympathize with the liberal Spanish rebels, but since they saw a great potential for British Colonial interests in Central and South America. For not exactly the same reasons the Western European States fight the absolutism of the Ottoman Empire in the Greek War of independence (1821-1832), a more Romantic movement in which notorious European intellectuals participated, like Lord Byron (1788-1824) who died in Missolonghi fighting for the land where the Western culture was born.

Lord Byron

The Metternich System collapses also in France with the 1830 revolution that brings as a corollary the Belgian Revolution against the Kingdom of the Netherlands. The result is the creation of the Belgian State.

The 1830 French Revolution by Eugène Delacroix

These movements would also have an extremely important repercussion in England, as they led to the crucial electoral reform of Lord Grey in 1832 that transformed the nature of the English Parliamentary system in the sense of rendering it more representative. A movement that opened up the way to the democratization of the British Political System, though this process would not be completed entirely until British women were granted the right of vote in 1928.    

The British suffragist Emmeline Pankhurst protesting

                       

The whole order established in the Congress of Vienna crumbles definitely in the rest of Europe with the wave of 1848 revolutions. This crucial movement would end up changing the political history of Continental Europe, starting with the Unification movements that happened in Italy and Germany. It also enables the creation of the French Second Republic, which is the first "social" regime in European history.

        The 1848 Revolution in Berlin

By the way, 1848 is significantly also the year in which Marx and Engels publish their "Communist Manifesto". And I want to mention this because Socialists’ ideas would become the main enemy of the European bourgeois liberal regimes.

Marx and Engels publishing the Communist Manifesto

 The first permanent consequence of 1848 Revolution is the creation of the Kingdom of Italy in 1861, through the movement called the Risorgimento (“Resurgence”) headed, among others, by the Comte of Cavour and Giuseppe Garibaldi. The Italian unity would only be completed in 1870 when Italian troops occupied the Papal States and Rome became the Capital of Italy. The popes would not have again an independent State until 1929, and thanks to Mussolini who agrees on creating the Vatican City state 

                                  

 Giuseppe Garibaldi (1807-1882)
                           
For understanding what the liberal revolution meant to the Italian Nation you should read the indispensable novel The Leopard (1958), of Giuseppe Tomaso di Lampedusa (1896-1957), published posthumously. In the book this Italian noble tells the story of a Sicilian Aristocrat, the Prince of Salina, who is fully conscious of the changes that the Risorgimento revolution is bringing, and  realizes that old nobility has to adapt to the new times, accepting the change "so that everything could remain the same". 

  Giovanni Tomaso di Lampedusa (1896-1957)

Let me point out that this novel created a neologism, el gattopardismo, which we might define as any political action consisting of presenting as revolutionary an idea that, in reality, does not seek to change economic or social foundations but rather to maintain the status quo. If you want to understand this key concept better, I encourage you to read the book, or, at the very least, watch Luchino Visconti movie (1963) with the same title, starring Burt Lancaster, in one of his most memorable performances. It is a beautiful film that effectively conveys the novel's themes of decline and impermanence.  Do not miss it. 

 

  A scene from The Leopard by Luchino Visconti (1963)
                                                       

 The other essential process of national unification happens in Germany. The German unification promoted by Bismarck, is the result of the Prussian overwhelming victories over Austria (1866), and especially over Napoleon III (1870-1871). It is interesting that the defeat of the French Second Empire gave way to the creation of the German Second Reich (remember that the First Reich lasted from 962 to 1806), with the proclamation of William I of Prussia as Kaiser in Versailles. This was a huge humiliation for the French, and certainly a cause of French anger towards Germans and explains why French were willing to start World War I that would end with the disaster of the Peace of Versailles in 1919. A “Diktat” that will lead to Hitler and World War Two.

Otto von Bismarck

The new German Empire (the Second Reich) was not a totally unified state (as France, for instance was). In fact it was called the North German Confederation and was headed by Prussia. On top of that it was not a Parliamentary Regime as the Government was designated by the Kaiser and not by the Reichstag. The full German unification and the instauration of the Parliamentary Regime would not occur until the foundation of the Weimar Republic in 1919.                                         

  Proclamation of the Second Reich in Versailles (January 18, 1871)

   As far as the Liberal revolutions cycle is concerned Imperial Russia would be the last bastion of autocracy. The Czars would be the last European absolutists monarchs, and remained so until the 1905 Revolution, that was provoked by the humiliating defeat of Tsarist Russia by Imperial Japan, the new Eastern Power developed as a result of the Meiji Revolution (1868).

 

        Russia: 17 October 1905. Painting by Ilya Repin

              

 Thanks to the 1905 movement Russia did have a sort of Liberal regime from 1906 to 1917.  But it would not reach its definitive consolidation because of the Soviet Revolution of October 1917 that not only abolished the monarchy, but physically exterminated the royal family that was murdered on the night of the 16-17 July 1918 in Yekaterinburg by order of Lenin. 

The last Imperial Russian family   

                The 19th century however was the peak of European history, as European Nation-states ended up controlling most of the World, through an exorbitant colonial expansion. If you want to understand how Europe became the leading continent in the World you should not miss Orlando Figes book The Europeans: Three Lives and the Making of a Cosmopolitan Culture (2020).  

   


 The Europeans is a richly enthralling, panoramic cultural history of nineteenth-century Europe, told through the intertwined lives of three remarkable people: a great singer, Pauline Viardot, a great writer, Ivan Turgenev, and a great connoisseur, Pauline's husband Louis. Their passionate, ambitious lives were bound up with an astonishing array of writers, composers and painters all trying to make their way through the exciting, prosperous and genuinely pan-European culture that came about as a result of huge economic and technological change. This culture - through trains, telegraphs and printing - allowed artists of all kinds to exchange ideas and make a living, shuttling back and forth across the whole continent from the British Isles to Imperial Russia, as they exploited a new cosmopolitan age. (Extracted from AMAZON web page). 

 From a Legal perspective, it is important to remember that all the revolutionary movements that happen in Europe in the course of the 19th century in the name of the Liberal state principles, end up bringing essential legal tools like constitutions, sets of fundamental rights and, above all, a national narrative that consolidates the independence of every European State. The result of this rising nationalism is the amazing colonial expansion that will make European Nation-States extremely wealthy and powerful to the point they would control the whole World that was distributed among the colonial European states in international conferences, like the one held in Berlin in 1884 for distributing the African continent among the different European nations. 

 

 And the same happened in Asia, where Europeans controlled most of two of the oldest and most prestigious civilizations in history: India and China. 

 

 Asia in 1898

                                                                                         

 The result of it is that Europe ends up controlling a lot of territories worldwide. This is why the 19th century is undoubtedly the European century. The only non-Western world power is Japan, a country that fully accepted the nation-State model in 1868, thanks to the Meiji Revolution backed by emperor Mutsuhito (the 122nd Japanese emperor) that reigned from 1867 to 1912. The result of the Westernization of Japan resulted in Japanese imperialism that enabled the Japanese Military expansion in China and the Pacific area.

 


 

 Nevertheless, the European colonial expansion increases gradually the tensions among the different colonial powers, which rearm themselves very strongly trying to get as many colonies as possible, following the classic Roman principle "Si vis pacem para bellum" (If you want peace prepare for war). This is why the last third of the 19th century is known as the Armed Peace period. The military equilibrium based in alliances would finally be broken in 1914. And European Nation-States would commit suicide in the horrid and absurd World War I.  

Cartoon representing the tensions of the Armed Peace


The most important idea that you must retain from Teaching Guide 5 is how through the adoption of the Nation-State model European states became powerful and wealthy, until nationalists’ excesses drove them to commit suicide in an annihilating war. An important lesson that proud European States will not learn until the end of World War II, when a destroyed Old Continent had totally disappeared from the world scene. To the point that European governments realized that they should unite for surviving.  

 

2. How to study Teaching Guide 7:

 

a) Read the corresponding text to T.G. 7 in the “Aula Virtual”. 


b) Familiarize yourself with the following basic Chronology of the period: 

 

CHRONOLOGY  


1814 (October) to 1815 (June) Congress of Vienna

 

1815

                        18 June Battle of Waterloo 

                        September: Signature of the Holy Alliance

 

1820-1823        Spanish Liberal Triennium 

1825                Decembrist Revolt 

1830 

July. French revolution. Beginning of July Monarchy in France

 

August Belgian Revolution 

1832                Lord Grey’s Electoral Reform Law in England

 

1848 

February:         Revolution breaks out in Paris. Second French Republic 

March 4:          Albertine Statute 

March 13 and 18:                     Revolution breaks out in Vienna and Berlin 

May:                Constitution of the Frankfurt Parliament (until My 1849) 

1850:                Prussian constitution granted by Frederick William IV (in force until 1918) 

1858:                Cavour meets Napoleon III at Plombières 

Camillo Benso, Count of Cavour

1859:                Battles of Magenta and Solferino 

1861, March 14:           Proclamation of the Kingdom of Italy 

1862:                Bismarck heads the Prussian council of Ministers (until 1890) 

1866:                Austrians are defeated by Prussians at Sadowa 

1868:                Spanish Glorious Revolution 

1870, July:        Beginning of the Franco-Prussian War (until May 1871) 

1871: 

January18:        William I of Prussia is proclaimed in the Palace of Versailles head of the Second Reich 

March –May:   Paris Commune 

1873-1874:       Spanish First Republic

 1882:                Bismarck forges the Triple Alliance (Prussia, Austria and Italy) 

1890:                Bismarck’s resignation 

1892:                Franco-Russian alliance 

1904:                Beginning of the Russo-Japanese War (until September 1905) 

1905,                January: First Russian Revolution 

1906:                Nicholas II endorses the first Russian constitution 

 

c) Complete in your Class notebook the following exercises:   

 

CONCEPTS

 Restoration / Congress of Vienna / Holy Alliance / Metternich System / Ancien Régime / Louis XVIII’s Charte / Indirect suffrage / Censitary suffrage / Ideological nationalism / Volksgeist / Liberal Oligarchy / Doctrinaires Liberalism / Revolutionary Liberalism / Riego’s Revolt (1820) and Liberal Triennium / July Monarchy (France) / Electoral Reform Act (1832) / Albertine Statute (Piedmont) / Confederation of Rhine (1805) / Germanic Confederation (1815) / Zollverein (1818) / Frankfurt Parliament / Frederick William IV of Prussia / Erfurt Union (Punctation of Olmütz) / Prussian Constitution (1850) / Camillo Benso (Count of Cavour) / Victor Emmanuel II / Risorgimento / Plombières Agreement (1858) / red shirts (Garibaldi) / Roman Question / Iron Chancellor (Bismarck) / North German Confederation (1866) / Franco-Prussian War / German Empire (IInd Reich, 1871) / Mikhail Speransky / 1905 Revolution (Russia) / Armed Peace

 

QUESTIONS

 

Concrete questions

1. Which were the European Monarchies who intervened in the Congress of Vienna? What was the position of defeated France? 

2. Explain why the word Congress has a different meaning in North America and in post Napoleonic Europe.  

3. Which was the political idea that stood behind the Holy Alliance of 1815? Thinks in terms of the legitimacy of sovereignty.

4. How did Metternich transformed the sense of the Holy Alliance that he initially disdained?

5. Why the Metternich System could be considered a Forerunner of European Integration?

6. When and why the Metternich System collapsed?

7. What is the political essence of Liberal regimes opposed to the Restoration imposed at the Congress of Vienna? Think in terms of how powerful was the State in the “Laissez Faire” regimes.

8. Explain the difference between the French “Doctrinaires” Liberalism and the Revolutionary Liberalism and which were the consequences in Europe. 9. What was the essence of the Riego’s Revolt and the Spanish Liberal Triennium? Think of how the Liberal state tried to be imposed. Mention another examples of this type of Liberal revolution from 1820 to 1830?

10. In which way the French Revolution of 1830 and the July Monarchy change the Spanish Liberals approach to the Liberal Revolution? Were there any consequences in Europe to this French revolution?

11. Which was the essence of Lord Grey's Electoral Reform Act of 1832 in England.

12.  Did the 1848 revolution triumph in Italy? Did it transformed in any way the political situation in any part of the Italian Peninsula?

13. Which was the relationship of Napoleon III of France and the Italian unification?

14. Why the Kingdom of Italy created on 17 March 1861 could not have initially Rome as capital? Explain what was the "Roman question" in the Italian unification process.

15. How did Napoleon intervene in the German territories and why his intervention was decisive from the perspective of German nationalism?  

16. What was the Frankfurt Parliament that appeared after the 1848 revolution in Prussia? How did finally Prussia became a constitutional kingdom?  

17. How did the Prussian state implemented the principle of censitary suffrage considering that every citizen had in principle the right to vote?

18. Did Bismarck created in Prussia a unified State?

19. What was Bismarck’s Kulturkampf? Compare Prussian approach to the religious question to what Unified Italy did?

20. Did Bismarck consolidated in the German empire a Parliamentary regime?

 

General questions

1. Explain what argument 1815’s Restoration leaders used against French revolutionary foundations of Power’s Legitimacy during the Congress of Vienna that led to the Holly Alliance. 

2. How did the Liberal Oligarchy controlled the State legally and politically? Think of what meant originally the term "liberal" used politically speaking to define the regimes issued from the revolutionary struggle of the first half of the XIXth century?

3.  Were the liberal revolutions democratic? Think in terms of electoral systems (censitary and universal). When did the liberal states became entirely democratic? Give concrete examples.

4. Explain why Italians and Germans took opposite approaches to integration. Explain why Italian unification was a bottom-up process? Compare it the Top Down approach to Prussian constitutionalism after the 1848 Revolution. Think in terms of who hold the sovereignty and of Bottom up and Top down approaches.  

5. Describe comparatively in a succinct and concise manner the fight between Austria and Prussia in order to lead German unification from 1848 to 1866. Think of the role of Bismarck.  

6. When and how took place the Liberal revolution in Tsarist Russia?  Think of if there were any constitutional consequences in Russia of the Napoleonic invasion, the biggest achievement of Mikhail Speransky reformism and if Tsarist Russia ever become a constitutional monarchy.  

7. What was the consequence of the consolidation of the nation-state model in Europe in the second half of 19th century? Explain why the triumph of the Liberal model of State in Europe led to the “Armed Peace”? Think of Bismarck’s idea of Mitteleuropa an what was the Prussian problem concerning colonialism?

 

Emperor Meiji, born Mutushito (1852-1912) 
the promotor of Japan's westernization


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