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Aguilera-Barchet Bruno. A History of Western Public Law. Between Nation and State. Springer,2015. — 788 p.. 2015

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.

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Preface
Contents
Chapter 1 Introduction
Part I From the City State to the Roman Empire
Chapter 2 From the Origins to the Polis
As the long winter ended, the tempo of the clan’s life increased to match the pace of life quickening within the rich earth.
Contents
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
Family and Power in the West
The Greek Polis as the First Precursor of the State in the West
The Drawbacks of the Polis Model
Chapter 3 The Roman Political Model: From Respublica to Imperium
In the infancy of societies, the leading men in the republic form the constitution; afterwards the constitution forms the leading men in the republic.—Montesquieu.[51]
Contents
Rome and the Origins of the Western State
The Indo-European Origins of Roman Society and the Structural Basis for the Roman Civitas
An Aristocratic Polis
From Republic to Empire
Augustus and the Singular Reestablishment of the Republican Regime
The Era of the Dominate, or the Triumph of Imperial Absolutism
An Avant La Lettre State
Roman Citizenship: History’s First “Nationality”?
Chapter 4 From Territorial Power to Spiritual Rule: Christianity’s Political Dimension
Render therefore unto Caesar the things which are Caesar’s, and unto God the things which are God’s.—Matthew 22:21
Contents
Church and State in the Western Tradition
The Origins of Christianity
Christianity and the Roman Empire
The Church as a Political Body
Part II The Origins of the European “Nations”
Chapter 5 From the Germanic Tribes to Kingdoms
In minoribus rebus principes consultant; of maioribus omnes... (Princes resolve the minor things, the major ones are dealt with at meetings for all...)—Tacitus (55-120)[155].
Contents
The Invasions
The Germanic Kingdoms
The Church and the Preservation of the Roman “State” Tradition
The Origin of the European “Nations?”
Chapter 6 Popes vs. Emperors: The Rise and Fall of Papal Power
Quod a fidelitate iniquorum subiectos potest absolvere (The Pope may excuse his subjects from their obligations to iniquitous princes)—Gregory VII, Dictatus Papae, XXVII, (1075)
Contents
The Transformation of the Papacy: From Spiritual to Temporal Power
Charlemagne and the Resurgence of the Imperial Idea in the West
From the Carolingian Empire to the Holy Roman Empire
The Era of “Papal Theocracy”, or the Peak of Ecclesiasticism
The Survival of the Imperial Idea
Chapter 7 From Public to Private Power: Europe in the Feudal Age
Si aliquis ex fidelibus nostris, post obitum nostrum (...) seculo renuntiare voluerit et filium vel totem propinquum habuerit, qui rei publicae prodesse valeat, suos honores (...) ei valeat placitare.
Contents
The Origins of Feudalism
The Consolidation of the Feudal System: The Era of “Classic Feudalism”
The Church as a Bulwark Against the Disintegration of Public Power
Feudalism and the “Pactist Concept” of Power
Part III The Origins of the “European States”
Chapter 8 From Kings to Monarchs: The Resurgence of Public Power in Late Medieval Europe
Let nobody, therefore, suppose that we wish to disrupt or diminish the jurisdiction or power of the illustrious King of the French, just as he does not wish nor should he impede our jurisdiction and power...—Innocent III, Decretal Novit Ille issued to the French bishops in 1204[285]
Contents
Late Medieval Monarchy and the Origin of the Western State
From Kings to Monarchs
The Triumph of Monarchy Over Christian Universalism
The Medieval Origins of the “Rule of Law”: Pacts as a Legal Restraint on Territorial Monarchy
Towards the Shared Exercise of Power
A King Subject to the Law
Europe’s First “Constitutional” Texts?
Chapter 9 The Apogee of Royal Power: Absolute Monarchy (The Sixteenth and Seventeenth Centuries)
And in order to consolidate and reinforce this privilege which I grant you, and so that there might be no doubts regarding its concession, by virtue of my clear understanding and absolute royal power, I desire that nothing hinder or obstruct its partial or total application, whether these be local laws, rights, regulations, statutes, or any other custom or practice which could in any way contravene, limit or preclude what is here asserted.[345]—Henry III of Castile (1390-1406)
Contents
From Territorial to Absolute Monarchy
The Abandonment of Medieval Pact-Based Rule
The State of the Prince
Absolutism Versus Autocracy: The Legal Limits of Royal Absolutism
Absolute Monarchy and the Increasing Power of the European States
Chapter 10 From the Conservative King to the Reformist Monarch: The Stage of Enlightened Absolutism (Eighteenth Century)
“The sovereign is attached by indissoluble ties to the body of the state; hence it follows that he, by repercussion, is sensible of all the ills which afflict his subjects; and the people, in like manner, suffer from the misfortunes which affect their sovereign. There is but one general good, which is that of the state. [...] the sovereign represents the state; he and his people form but one body, which can only be happy as far as united by concord. The prince is to the nation he governs what
Contents
The Crisis of Classic Absolutism
A New Legitimacy: From Christian to Secular Monarchs
Enlightened Reformism or the New Spirit of Absolute Power
Enlightened Absolutism and the “Rule of Law”
The Expansion of Enlightened Absolutism in Eighteenth Century Europe: The Great Enlightenment Monarchs
Chapter 11 From Absolute to Limited Monarchy: The British Origins of Parliamentary Government
[Man]... is capable of rectifying his mistakes by discussion and experience. Not by experience alone. There must be discussion to show how experience is to be interpreted.—John Stuart Mill (1806-1873). On Liberty (1859)[503]
Contents
A Peculiar Constitutional History
The Origins of Assembly-Based Government
Parliament and the Absolutism of the Tudors
Dynastic Change and the Triumph of Parliament: The Two English Revolutions of the Seventeenth Century
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
Part IV The Rise of the Nation-State
Chapter 12 From Monarchy to Representative Government: The American “Revolution”
A wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned.
Contents
Revolution as a Social Instrument of Political Change
From the War of Independence to the American Revolution
The First Europeans in the Americas
Spanish vs. English Colonization
The Development of English Colonization
The Colonists and the British Crown
The War of Independence (1776-1781)
The West’s First Liberal State
Chapter 13 From Absolute Monarchy to Democratic Absolutism: The French Revolution
Because you are a great gentleman, you believe yourself a great genius!...
Contents
A Turning Point in European Constitutional History
The Monarchy as the Historical Basis of the French State
From the Ancien Regime to the Revolution
The French Revolution
What Lasting Effects Did the French Revolution Have?
The Failure of Assembly-Based Government
Chapter 14 The Return of the Monarchical Principle (I). The Origins of North American Presidentialism
The care of human life and happiness and not their destruction is the first and only legitimate object of good government—Thomas Jefferson (1743-1826)[715]
Contents
The Development of a Republican “Monarchy”: The Presidential System
Thirteen States, One Nation: From the Articles of Confederation to the Federal Republic
The Origins of the Presidential System
A New Constitution for a New Federal State
Relations Between the States and the Federal Government After 1789
Chapter 15 The Return of the Monarchical Principle (II). The French State. From Imperial Bonapartism to Republican Presidentialism
Yes. Imagination governs the world.[769]
Contents
Napoleonic France: From Republic to Monarchy
From Assembly-Based Government to Executive Government
An Interventionist State
The Constitutional History of France After Napoleon: From Monarchy to Republic
Chapter 16 The Golden Era of Liberalism and the Apogee of the Nation-State
For me the word “freedom” has not the value of a starting-point, but rather that of an actual point of arrival.
Contents
From Absolutism to Liberalism
The Europe of the Restoration (1815-1848)
The Liberal Alternative: A State with Limited Powers and Controlled by an Economic Elite
The Liberal Revolution
The Revolution of 1848 as the Key to the Spread of the Liberal State in Europe
The Unification of Italy
German Unification
Imperial Russia as a Final Bastion of Autocracy
Colonialism and Confrontation: The International Consequences of the Triumph of the Nation-State Model
World War I and the Crisis of the Liberal State Model
Chapter 17 The Triumph of the State Over the Nation From Totalitarianism to Interventionism
The first man, who, after enclosing a piece of ground, took it into his head to say, ‘This is mine,’ and found people simple enough to believe him, was the true founder of civil society.[960]—Jean Jacques Rousseau (1712-1778)
Contents
From Liberalism to Interventionism
The Triumph of Big Capitalism and the Transformation of the Western World
The Social Consequences of Economic Expansion
The Constitutional Consequences of the Social Question
The Russian Revolution and the First Triumph of Totalitarianism
The European Oligarchies React by Defending “National Socialism”
The Road to War
The Triumph of the Welfare State Model
The Transformation of the Totalitarian Model of State: Communism After 1945
The Contemporary Transformation of the State Model in Western Capitalist Countries: A Return to Oligarchy?
The End of the Nation-State Era and the Beginning of Global Constitutional History?
Part V The End of the Nation State?
Chapter 18 The Crisis of the Nation-State in the Era of European Integration
For amongst democratic nations each generation is a new people—Alexis de Tocqueville (1805-1859)[1117] [1118]
Contents
The Precedents for European Integration
The Idea of Europe from 1918 to 1939
European Integration During World War II
European Integration During the Post-War Period (1945-1949)
Step by Step Integration: The Invention of the “Community Method” (1950)
From the European Coal and Steel Community to the European Economic Community (1951-1957)
The Extension of the Community Method to Create a Common European Market, and the Institutionalization of European Integration (1957-1965)
A Step Back in the Integration Process: A Return to the Intergovernmental Method (1966-1986)
Returning to the Community Method: From the Single European Act to the Maastricht Treaty (1986-1992)
Combining the Community and the Intergovernmental Methods: From the Europe of Communities to the European Union (1992-2009)
The EU of the Twenty-First Century
A Provisional Conclusion for an Unfinished Process: What Kind of Integration Are Europeans Looking For?
Index

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