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aguilera barchet b history western public law between nation state 2015

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Textbook in PDF format A History of Western Public Law: Between Nation and State by Bruno Aguilera-Barchet outlines the historical development of Public Law and the state from ancient times to the modern day, offering an account of relevant events in parallel with a general historical background, establishing and explaining the relationships between political, religious, and economic events.The excellent book of Bruno Aguilera-Barchet precisely shows up the amazing complexity of European state-building history. The state-building process is currently considered as an achievement of history, while nation-state has always been mistaken as a universal way of organizing politics. In fact, our naive and universal vision of history mixed European postmedieval history with history of humanity as a whole. Those who are presently ruled by imported European models are reputed to be “developing” countries as long as they have not perfectly reached the unique and common target. Epistemology is strongly affected by this common sense: the same concept and the same word are currently used, and particularly in Latin and Roman traditions, for coining all the polities around the world and through history. International Law contributed in this oversimplification, as all members of United Nations, all sovereign units in the present world, are commonly designated as states, without any restrictions; at the most, they would exist everywhere in essence, but would only vary according to their level of development, the role of “bad guys” who are at power or even the result of bad luck. The history of the different western nation-states, however, one marked by diversity and particularities, but also by shared traits, is not easy to trace. Contents Introduction Part I From the City State to the Roman Empire From the Origins to the Polis From Nomadic to Sedentary Society: The Neolithic Revolution The First Literate Societies: Power and Social Structure in the Great Ancient Civilization of the Near East The Civilizations of the Indus Valley Egypt Under the Pharaohs Power in Ancient Mesopotamia Confucius and the Origin of the State in China Family and Power in the West The Indo-Europeans Lay the Linguistic and Social Foundations of Western Culture Indo-European Family Structure and the Formation of Society in the West: From the Tribe to the City The Greek Polis as the First Precursor of the State in the West An Initial Stage of Monarchy: The Minoan and Mycenaean Civilizations From the Homeric Kingdoms to the Appearance of the Polis (800–500 BC) Synoecism as the Basis of the Polis The Consolidation of the Polis and Its Aristocratic Model: The Case of Sparta The People Versus the Aristocrats: The Origin of the “Democratic” System Athens’ Cleisthenes, History’s First “Democrat” Pericles’ Athens The Drawbacks of the Polis Model The Division of Hellas Attempts to Improve Upon the Polis Model The Roman Political Model: From Res Publica to Imperium Rome and the Origins of the Western State The Flaw of the Polis Model The Roman Civitas: An Expanding Polis The Indo-European Origins of Roman Society and the Structural Basis for the Roman Civitas Gentilitates, Curiae and Tribus An Aristocratic Polis The Leadership of the Roman Aristocracy A Political Constitution Designed to Prevent Dictatorship From Republic to Empire An Extraordinary Territorial Expansion From Conquest to Stable Dominion The Consequences of Rome’s Territorial Expansion: The Crisis of the Republican System Augustus and the Singular Reestablishment of the Republican Regime The First Citizen From Diarchy to Monarchy: The Birth of the Roman Empire The Era of the Dominate, or the Triumph of Imperial Absolutism From Imperator to Dominus The Disappearance of the Republican System An Avant La Lettre State Roman Citizenship: History’s First “Nationality”? From Territorial Power to Spiritual Rule: Christianity’s Political Dimension Church and State in the Western Tradition The Origins of Christianity It All Started with Judaism A Provincial Jew Named Jesus, Aka “Christ” Had It Not Been for St. Paul Christianity and the Roman Empire A Threat to the Empire? From Forbidden Cult to Official State Religion (380 AD) The Origins of Catholicism Emperors vs. Bishops: “Caesaropapism” The Church as a Political Body The Origin of the Ecclesiastical Profession: Bishops, Deacons and Presbyters The Development of Church Organization: Parishes and Dioceses Metropolitans and Patriarchs The Councils as Collective Decision-Making Bodies The Origins of the Papacy as a Moral Authority Part II The Origins of the European “Nations” From the Germanic Tribes to Kingdoms The Invasions The First Germanic Wave: The Visigoths (Late Fourth Century) The Second Wave: The Suebi, Vandals and Alani (Early Fifth Century) The Third Wave: Franks, Burgundians, Alamanni, Angles and Saxons (Mid Fifth Century) The Last Wave: The Lombards The Germanic Kingdoms Diversity Versus Unity The Social and Political Transformation of the Germanic Peoples Roman Monarchy vs. German Royalty The Gradual Assimilation of the Roman Imperial Tradition The Structural Weaknesses of the New Kingdoms: Patrimonial Possession, Inheritance and Protofeudalism The Church and the Preservation of the Roman “State” Tradition The Emergence of the Monastic Movement St. Gregory the Great and the Consolidation of Papal Authority Christianity and the New Germanic Peoples The Church and the “Romanization” of the Germanic Kingdoms The Origin of the European “Nations?” Popes vs. Emperors: The Rise and Fall of Papal Power The Transformation of the Papacy: From Spiritual to Temporal Power The Popes vs. the Byzantines and Lombards The Alliance with the Frankish Monarchy and the Rise of the Papal States Charlemagne and the Resurgence of the Imperial Idea in the West Charlemagne and the End of the Lombardian Kingdom The Appearance of the Kingdom of Italy The Reappearance of the Imperial Idea in theWest From the Carolingian Empire to the Holy Roman Empire The Frankish Monarchy Dissociates Itself from the Empire The Germanic Revival of the Imperial Idea The Era of “Papal Theocracy”, or the Peak of Ecclesiasticism Ecclesiastical Decline During the Feudal Period The Ecclesiastical Resurgence: The Eastern Schism, Cluny and the Gregorian Reform The Papacy’s Power Swells The Legal Consequences of the Papal Victory: The Secularization of Non-ecclesiastical Public Authorities Papal Decline and the Fragmentation of Europe The Survival of the Imperial Idea From Public to Private Power: Europe in the Feudal Age The Origins of Feudalism The Administrative Shortcomings of the Carolingian Monarchy Vassaldom: A Formula for Permanent Control over Local Authorities The Limits of the Feudal Relationship: Its Lifelong Character The Consuetudinary and Judicial Regulation of Vassal Relations The Consolidation of the Feudal System: The Era of “Classic Feudalism” The Degradation of the System: From Lifelong to Hereditary Benefits The Transformation of the Feudal Relationship The Accumulation of Fiefdoms From Public to Private Rule: The “Feudal Revolution” The Church as a Bulwark Against the Disintegration of Public Power The Defense of Royal Authority The Armed Church Moral vs. Political Commitment The Ecclesiastical Imposition of Peace: The Peace and Truce of God Movement Feudalism and the “Pactist Concept” of Power Part III The Origins of the “European States” From Kings to Monarchs: The Resurgence of Public Power in Late Medieval Europe Late Medieval Monarchy and the Origin of the Western State From Kings to Monarchs The Consolidation of the Hereditary Principle as the Basis of Royal Legitimacy A Territorial Monarchy An Expanding Monarchy An Administrative Monarchy The Triumph of Monarchy Over Christian Universalism The Medieval Origins of the “Rule of Law”: Pacts as a Legal Restraint on Territorial Monarchy The Nobility’s Resistance to Losing Its Political Power Urban Autonomy Towards the Shared Exercise of Power The Rise of State Assemblies The Origins of the Representative Principle A King Subject to the Law Europe’s First “Constitutional” Texts? The Apogee of Royal Power: Absolute Monarchy (The Sixteenth and Seventeenth Centuries) From Territorial to Absolute Monarchy The Modern Age and the Triumph of Royal Absolutism Christian Universalism to Independent Monarchies Searching for a New Legitimacy: The Prevention of Anarchy as a Justification for Power The Abandonment of Medieval Pact-Based Rule Cities’ Loss of Political and Legal Autonomy The Subjugation of the Nobility The Decline of the Assemblies of the Estates The State of the Prince The Expansion of Royal Jurisdiction A King Above the Law? Absolutism Versus Autocracy: The Legal Limits of Royal Absolutism Absolute Kings, Constrained by Divine and Natural Law The Limits of “Fundamental Laws” Respect for Traditional Customs The Relative Autonomy of the Ancien Regime’s Judges Absolute Monarchy and the Increasing Power of the European States The Technical Advantages of Absolutism The Administrative Expansion of Absolute Monarchies Towards a Europe of “National” Monarchies From the Conservative King to the Reformist Monarch: The Stage of Enlightened Absolutism (Eighteenth Century) The Crisis of Classic Absolutism A Century of Transformation The “Philosophes” and the Kings Absolutism vs. Despotism A New Legitimacy: From Christian to Secular Monarchs Enlightened Reformism or the New Spirit of Absolute Power The State: From Guardian of Order to Protector, Educator and Reformer The “Depatrimonialization” of the Monarchy and the Transformation of the State Enlightened Absolutism and the “Rule of Law” The Enlightened Monarchs and the Law Frederick II’s Sonderweg The Rationalization of the Legal System The Expansion of Enlightened Absolutism in Eighteenth Century Europe: The Great Enlightenment Monarchs The Austrian and the Prussian Models and Its Reception in Russia Portugal in the Pombal Era The Eighteenth Century Revolution in Spain The French and British Exceptions From Absolute to Limited Monarchy: The British Origins of Parliamentary Government A Peculiar Constitutional History The Origins of Assembly-Based Government From the Germanic Kingdoms to the Feudal Stage The Westminster Parliament Appears The Political Consolidation of Parliament Parliament and the Absolutism of the Tudors Dynastic Change and the Triumph of Parliament: The Two English Revolutions of the Seventeenth Century The Kings of Scotland on the English Throne: The Stuarts The First English Revolution: Oliver Cromwell and the Only “Republic” in English History The Appearance of Political Parties The Second (and Last) English Revolution (1688) The Religious Issue and the Transformation of England’s Constitutional Framework The Emergence of the United Kingdom and the Consolidation of Parliamentary Preeminence The Rise of the Hanover Dynasty and the Formation of the Parliamentary Regime Robert Walpole and the Linguistic Origins of the Parliamentary Regime The Consolidation of the “Parliamentary System” The Democratization of the Parliamentary System (1832–1928) The Consolidation of the Legislative Superiority of the House of Commons: The Parliament Act (1911) The Legislative Recognition of the Prime Minister (1937) Part IV The Rise of the Nation-State From Monarchy to Representative Government: The American “Revolution” Revolution as a Social Instrument of Political Change The Example of Prussian Social Inflexibility The English Case: The Gradual Transformation of a Political Constitution Rupture as an Instrument of Change: The American and French Revolutions From the War of Independence to the American Revolution The First Europeans in the Americas The Spanish and the Portuguese French and Dutch Expeditions The Origins of the English Presence in America Spanish vs. English Colonization The “Centralized” Model of Spanish Colonization The English Model: “Decentralized” Colonization The Development of English Colonization The First English Colony: Virginia (1607) Religious Colonization The Proprietary Colonies New Colonies After the Restoration (1660) Political Variety and Legal Autonomy of the English Colonies in America The Colonists and the British Crown The Colonial Explosion The First American Intervention of the English Crown: The War Against France The Price of Victory The Fiscal Origins of the Rebellion The First Continental Congress in Philadelphia (1774) The War of Independence (1776–1781) The First Armed Clash: The “Battle” at Lexington (April 19, 1775) The Second Continental Congress and the Declaration of Independence The Course of the Conflict The Peace of Versailles and the Recognition of a New Nation: The United States of America The West’s First Liberal State From Locke to Jefferson The American Revolution as a Rupture with the Old Order A Precarious “Union”: The Articles of Confederation From Absolute Monarchy to Democratic Absolutism: The French Revolution A Turning Point in European Constitutional History The Monarchy as the Historical Basis of the French State From Clovis I to Charlemagne A Hereditary, Sovereign and Territorial Monarchy The Hundred Years’ War and the Bolstering of Monarchical Prestige and Power The Era of Absolutism: Louis XIV’s Monarchy as a Landmark Reign From the Ancien Reґgime to the Revolution Louis XV and the Decline of the French Monarchy Reactionary Forces Prevail in French Society The French Revolution From the Revolt of the Privileged to the Estates General The Estates General From the Estates General to the Rebellion of the Third Estate (May 5–June 27, 1789) The Rebellion of the Third Estate The Two Revolutions From Monarchy to Republic What Lasting Effects Did the French Revolution Have? The Appearance of “National Sovereignty” The Origins of “National” Patriotism The Symbols of the French State The Reinforcement of the State The Social Transformation of France The European Dimension of the French Revolution The Failure of Assembly-Based Government The Return of the Monarchical Principle (I). The Origins of North American Presidentialism The Development of a Republican “Monarchy”: The Presidential System The Crisis of Democratic Assembly-Based Governments The Resurgence of Executive Power Thirteen States, One Nation: From the Articles of Confederation to the Federal Republic The Stage of the Constitutional Debate (1783–1787) The Reopening of a Constitutional Convention The Origins of the Presidential System The Constitutional Convention Endorses the Principle of a Strong National Government The Placement of Limits on Federal Power: The Strict Application of the Division of Powers and the Establishment of a “Presidential” System A “Great Compromise” for the Legislative Branch (Congress) A President Heading the Executive Branch The Separation of Powers as the Essence of the Presidential System The Judicial Power as a Constitutional Referee: The Revolutionary Principle of “Judicial Review” as a Safeguard Against the Tyranny of the Majority A New Constitution for a New Federal State Approval and Ratification of the Constitution A New Limit on Federal Power: The Bill of Rights The Principle of Term Limits The Constitution as the New Nation’s Birth Certificate Relations Between the States and the Federal Government After 1789 The Implementation of Judicial Review From 13 to 50 States A Problematic Expansion The Protection of Fundamental Rights: The Union vs. the States The Return of the Monarchical Principle (II). The French State. From Imperial Bonapartism to Republican Presidentialism Napoleonic France: From Republic to Monarchy A Genius Named Napoleon Bonaparte The Peculiar “Napoleonic Constitutionalism” A Return to the Roman Model? A New Monarchy for a New Regime From Assembly-Based Government to Executive Government Napoleon and State Reform The Extreme Centralization of the New Administrative State Judicial Reform and the Creation of Administrative Jurisdiction An Interventionist State Religious Reform Economic Reform A Failed Attempt at Social Reform: The “Legion of Honor” Educational Reform: Grammar Schools, Special Schools of Higher Education, and Universities Legal Reform and the Unification of Private Law: Le Code Civil (March 21, 1804) The Constitutional History of France After Napoleon: From Monarchy to Republic From Absolutist Restoration to the July Monarchy From the Second Republic to the Second Empire From the Commune to the Third Republic From Petain’s “French State” to De Gaulle’s Presidential Republic French Semi-presidentialism: A Return of the Napoleonic Model of State? The Golden Era of Liberalism and the Apogee of the Nation-State From Absolutism to Liberalism The Europe of the Restoration (1815–1848) The Congress of Vienna The Holy Alliance or the Return of Divine Legitimacy Metternich and the Counterrevolutionary Principle of Legitimate Intervention An Exception to the Principle of Nation-State Confrontation: The Metternich System as a Forerunner of European Integration The Impossibility of Restoring Absolutism The Liberal Alternative: A State with Limited Powers and Controlled by an Economic Elite Legal Limits on State Power: Constitutions and Fundamental Rights The Politicization of the Term “Nation” From Absolute Monarchy to Liberal Oligarchy: The Era of Censitary Suffrage The Liberal Revolution Moderate Liberalism “Revolutionary Liberalism” Spain, Spearheading the Liberal Revolution: Riego’s Revolt (1820) France Comes to Lead the Liberal Revolution (1830) The Revolution of 1848 as the Key to the Spread of the Liberal State in Europe Another Italian Liberal Revolution The Revolution of 1848 in the German Territories The Austrian Empire and the Revolution Prussia vs. Austria: The Fight for German Supremacy Prussia Becomes a Constitutional Kingdom Relative Calm in Europe by 1850 The Unification of Italy Il Risorgimento French Support for the Italian Cause A Democratic Integration Garibaldi and the Annexation of the South The Kingdom of Italy Is Founded (March 14, 1861) The “Roman Question” German Unification Bismarck, Architect of Prussian Hegemony The Defeat of Austria and the North German Confederation The Franco-Prussian War and the Second Reich A Top Down Integration in a Federal and Laic State Imperial Russia as a Final Bastion of Autocracy From Enlightened Absolutism to the Consolidation of Autocracy Speransky and the First Attempt to Establish the Principle of the Rule of Law in Imperial Russia The Revolution of 1905 and the First Russian Constitution (1906) Colonialism and Confrontation: The International Consequences of the Triumph of the Nation-State Model The Golden Age of Colonialism Nationalism and Confrontation: The Europe of the “Armed Peace” World War I and the Crisis of the Liberal State Model The Implosion of the Nation-State System The Assassination in Sarajevo and Europe’s Suicide The Dominos Fall An Apocalyptic Conflict The Constitutional Consequences of World War I: The End of Liberalism and the Resurgence of State Power The Triumph of the State Over the Nation: From Totalitarianism to Interventionism From Liberalism to Interventionism The Triumph of Big Capitalism and the Transformation of the Western World The Inventions That Changed the World Demographic Expansion and the Concentration of Urban Populations The Social Consequences of Economic Expansion The Middle Class and the Proletariat The Origins of “the Social Question” The Constitutional Consequences of the Social Question From Censitary to Universal Suffrage The Questioning of the Laissez Faire Principle: The Socialist Approach The Conservative Approach: Bismarck’s Sozialpolitik The Return of the Interventionist State The Russian Revolution and the First Triumph of Totalitarianism Lenin and the Soviet Revolution International Proletarianism vs. the Capitalism of the Liberal Nation-States The European Oligarchies React by Defending “National Socialism” Perfectly Legal Dictatorships An Adapted Legal Theory: From Ihering to Carl Schmitt The Expansion of Social/Legal Protection in the Interbellum Period The Crisis of the Liberal State Model in the U.S.A.: The New Deal A New Deal for Europe? The Road to War The Expansion of Totalitarianism: The Confrontation Between Communism and Fascism From the Spanish Civil War to World War II The Triumph of the Welfare State Model The Welfare State and the Rule of Law The Spread of the Welfare State After 1945 The United States Stands Alone: From Roosevelt to Obama The Transformation of the Totalitarian Model of State: Communism After 1945 The Marshall Plan and the Raising of the Iron Curtain The Expansion of Communism After 1945 The Transformation of the Communist Model of State: The Chinese Example The Contemporary Transformation of the State Model in Western Capitalist Countries: A Return to Oligarchy? The “Thirty Glorious Years”, or the Contemporary Way of Addressing the Social Question The Neoliberal Way and John Rawls’ Theory of Justice Growing Inequality and Its Constitutional Consequences Towards a New Oligarchic Model of the State? The End of the Nation-State Era and the Beginning of Global Constitutional History? From the League of Nations to the United Nations Governments and Governance: From Authority to Negotiation Part V The End of the Nation State? The Crisis of the Nation-State in the Era of European Integration The Precedents for European Integration The Survival of the Universal Model “Composite Monarchies” as a Prime Example of Unions of States in Europe Assembly-Based Integration: The Singular Case of the Swiss Confederation Westphalia’s Peace and the Triumph of the Europe of States Europe Between Imperialism and Coordination: 1789 to 1914 The Idea of Europe from 1918 to 1939 Europe Lies in Ruins, at the Mercy of the United States and the Soviet Union The Resurgence of Nationalisms and Disunity in Europe Some Attempts at Integration European Integration During World War II The Franco-British Union (June 1940) Hitlerian Europe The “Integrationist” Idea in Anti-Hitlerian Europe European Integration During the Post-War Period (1945–1949) Europe in 1945 A First, Unsuccessful Attempt at Integration: The Congress of The Hague (1948), and the Failure to Form a Federal Europe Step by Step Integration: The Invention of the “Community Method” (1950) The Pioneers: Jean Monnet and Robert Schuman The Schuman Declaration of May 9, 1950 From the European Coal and Steel Community to the European Economic Community (1951–1957) The 1951 Treaty of Paris and the Creation of the ECSC From the Failure of the EDC to the Treaties of Rome (1951–1957) The Extension of the Community Method to Create a Common European Market, and the Institutionalization of European Integration (1957–1965) The Court of Justice of the European Communities and the European Parliament The European Free Trade Association: A British “Tantrum” The Merging of Community Executives A Step Back in the Integration Process: A Return to the Intergovernmental Method (1966–1986) The Rejection of Qualified Majority Voting and the Return of Unanimity: The Luxembourg Compromise On the Path Towards Expansion The Democratization of the Integration Process: An Elective European Parliament Returning to the Community Method: From the Single European Act to the Maastricht Treaty (1986–1992) The Schengen Agreement The Single European Act Combining the Community and the Intergovernmental Methods: From the Europe of Communities to the European Union (1992–2009) The Maastricht Treaty and the Appearance of the Structured Integration Pillar Towards an Economic and Monetary Union: The Euro as a Common Currency Many New Members The Need to Reorganize the EU: From Amsterdam to Lisbon The EU of the Twenty-First Century The Lisbon Treaty A Legally Complex Integration A Provisional Conclusion for an Unfinished Process: What Kind of Integration Are Europeans Looking For? Index

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aguilera barchet b history western public law between nation state 2015