MISES: Interdisciplinary Journal of Philosophy Law and Economics ISSN: 2318-0811 ISSN: 2594-9187 Instituto - Brasil

Reimers, Patrick Secession, Democracy & Human Rights MISES: Interdisciplinary Journal of Philosophy Law and Economics, vol. 7, no. 1, 2019, January-April, pp. 197-218 Instituto Ludwig von Mises - Brasil

DOI: 10.30800/mises.2019.v7.861

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Secession, Democracy & Human Rights

Patrick Reimers

Abstract: The United Nations (UN) officially declared “self-determination” as a right of all peoples. Although the United Nations Charter (1945) offers some guidelines for the application of this right, there are major challenges in its implementation in the case of secessionist tendencies. Faced with this situation, the economist Jörg Guido Hülsmann, in his essay Secession and the Production of Defense, discussed not only the argument that pure private production is always superior to public and compulsory schemes, but also the current process of secession which, should always be justified against violent and coercive behavior of governments against (part of) its population. Hülsmann’s ideas are presented in the contrast of the latest secessionist movements in and Scotland, and in combination with Hayek’s concept of “spontaneous order.” The separatist movement in Catalonia is also analyzed based on the ideas of political scientist Margaret Moore, who advocates three types of normative theories that can justify the right to secession.

Keywords: Secession, Catalonia, Human Rights, Separatism, Democracy.

Secessão, Democracia e Direitos Humanos

Resumo: As Nações Unidas (ONU) declararam oficialmente a “autodeterminação” como um direito de todos os povos. Embora a Carta das Nações Unidas (1945) ofereça algumas diretrizes para a aplicação desse direito, existem grandes desafios quanto à sua implementação no caso de tendências secessionistas. Frente a isso, o economista Jörg Guido Hülsmann, em seu ensaio Secession and the Production of Defense, discutiu não apenas o argumento que a produção privada pura é sempre superior aos esquemas públicos e compulsórios, mas também o processo atual de secessão que, como afirma, pode sempre ser justificado contra um comportamento violento e coercivo de governos contra (parte) de sua população. As ideias de Hülsmann são apresentadas em correlação aos últimos movimentos secessionistas na Catalunha e na Escócia, em combinação com o conceito de “ordem espontânea” de Hayek. O movimento separatista na Catalunha também é analisado com base nas ideias da cientista política Margaret Moore, que defende três tipos de teorias normativas que podem justificar o direito à secessão.

Palavras-chave: Secessão, Separatismo, Catalunha, Direitos humanos, Democracia.

Secesion, Democracia & Derechos Humanos

Resumen: Las Naciones Unidas (ONU) declaró oficialmente la “autodeterminación” como un derecho de todos los pueblos. Aunque la Carta de las Naciones Unidas (1945) ofrece algunas directrices para la aplicación de este derecho, existen grandes desafíos en cuanto a su implementación en el caso de tendencias secesionistas. Frente a ello, el economista Jörg Guido Hülsmann, en su ensayo Secession and the Production of Defense, discutió no sólo el argumento que la producción privada pura es siempre superior a los esquemas públicos y compulsivos, sino también el proceso actual de secesión que, como afirma , siempre puede ser justificado contra un comportamiento violento y coercitivo de gobiernos contra (parte) de su población. Las ideas de Hülsmann se presentan en correlación con los últimos movimientos secesionistas en Cataluña y Escocia, en combinación con el concepto de “orden espontáneo” de Hayek. El movimiento separatista en Cataluña también es analizado con base en las ideas del científico político Margaret Moore, que defiende tres tipos de teorías normativas que pueden justificar el derecho a la secesión.

Palabras clave: Secesión, Cataluña, Separatismo, Derechos humanos, Democracia.

DOI https://doi.org/10.30800/mises.2019.v7.861

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Introduction (1919, p. 34) concludes that “No people and no part of a people shall be held against its There are several examples of the breakup will in a political association that it does not of an existing state into several smaller state wa nt ”. entities throughout history. Nowadays, the In a UN context, the right to self- specific right to secession cannot be found in determination in its external shape is any significant, currently valid international applicable to people (not to national, ethnic, document. However, it is implied in the and religious minorities, whose rights are right to self-determination, which became recognized in Article 27 of the ICCPR, 1966) the cornerstone of the modern international or to the nations in the cases of: a) a colonial system. The concept of self-determination context; or b) in a situation of any foreign certainly passed through different phases domination or occupation (UNGA, 1970). and forms and was fully integrated into the The UNGA Resolution 2625 from 1970, UN system, where it was recognized and “Declaration on Principles of International guaranteed to all people (UN CHARTER, Law concerning Friendly Relations and Co- 1945). Article 1, Paragraph 2 of the United operation among States in accordance with Nations Charter proclaims the principle of the Charter of the United Nations”, opens equal rights and self-determination as one the door for ‘legitimate secession’ or ‘implicit of the main values in modern international secession’. Secession is seen as legitimate, if law. Moreover, Article 55 of the Charter certain conditions are met, and the (coercive) defines it as fundamental for economic and State acts contrary to the principle of equal social cooperation. Paragraph (b) of Article 76 rights and the self-determination of people - points out at least two constituent parts of the for example, if the State’s central government right to self-determination: the right to self- does not represent the whole nation. government and the right to independence.1 In the first part of his essay ‘Secession The former USSR and Yugoslavia have and the Production of Defense’, Prof. Dr. collapsed, and the world has seen the peaceful Jörg Guido Hülsmann (2003) points out that dissolution of the Czechoslovak Federation. simply referring to “secession as a one-sided This series of events, whether considerably disruption of bonds with a larger organized peaceful, as in the USSR, or rather violent, whole” can be misleading. To be more precise, as in the former Yugoslavia, has proven we need to clearly differentiate improper the international community the need for and illegal “breaches of contract” from the a final solution to the matter of the right to justifiable “disruption of hegemonic bonds”. self-determination, and, more particularly, As Mises states, one must distinguish between the right to secede, or the right of secession. “cooperation by virtue of contract and Clark, DiLorenzo and Block (2016) believe coordination” on one hand, and “cooperation that often peaceful secession and nullification by virtue of command and subordination or hegemony” on the other. Property can are the only option to establish a system of be acquired either with the consent of its government .that rather respects than destroys present owner, or acquired against his will individual liberty. Also, Ludwig von Mises –consequently violating his property rights or, as Franz Oppenheimer pointed out, 1 Charter of the United Nations one can “either use the economic means

Diagramação e XML SciELO Publishing Schema: www.editoraletra1.com.br | [email protected] MISES: Revista Interdisciplinar de Filosofia, Direito e Economia 199 Patrick Reimers of appropriation or the political means of temporal coincidence do not prove causation appropriation”. (HOPPE, 1993). The Anarcho-capitalist economist Hans- Roughly nine-hundred years ago, Herman Hoppe (1993) states that, initially, Europe comprised thousands of independent secession was simply the control shift over territorial units. During the second half of nationalized wealth from a larger, central the 17th century, Germany consisted of government to a smaller, regional one. It some 234 countries, 51 free cities, and 1,500 cannot be generally inferred if this will lead independent knightly manors, while by 1871 to more economic integration and prosperity, its complete unification was ‘achieved’. In since in each case, it will depend on the new 1291, on the other hand, Switzerland began as regional government’s policies. However, due a confederation of three independent cantonal to secession, the formerly hegemonic domestic states, and by 1848, it was a single state – relations will then be replaced by mutually but with approximately two dozen cantonal provinces. beneficial contractual relations. Consequently, Hoppe states, forced integration will and First of all, one must carefully distinguish should be replaced by voluntary separation. political integration (centralization) and economic (market) integration, as they are Thomas Jefferson stated that “If any completely different phenomena. While state in the Union will declare that it prefers political integration involves the territorial separation... to a continuance in union... I have expansion of a government’s power for no hesitation in saying, ‘let us separate’…… taxation and property regulation, an Whenever any form of government becomes economic integration is the extension of the destructive of the ends of life, liberty, and interpersonal and interregional division of the pursuit of happiness, it is the right of the labour as well as of market participation. people to alter or abolish it, and to institute Generally speaking, taxing income new government” (Thomas Jefferson in 1816) earners and regulating private property owners are always counterproductive for a 1. The Global Evolution of society, not only from a moral, but also an Secession versus Centralization economic perspective. Throughout most of the past millennium, For most mainstream ‘progressive’ Europe possessed a highly decentralized economists and historians, centralization is power structure of many independent political generally considered a “good and progressive” units, which helps to explain the origins of movement, while disintegration and secession capitalism. It first flourished during times of are considered as reactionary anachronism. political decentralization; for example, in the Even politicians and economists who consider northern Italian city-states, and in the South themselves liberals often believe that larger of Germany. political units automatically lead to wider Moreover, we need to understand that, markets, assuring peace and increased wealth. in the past, states which taxed and regulated As evidence of this, it is argued that economic their economies to a very small extent, have prosperity has often increased during the often expanded their territories at the expense periods of significant centralization. However, of less liberal states. This explains why, in we must understand that correlation or particular throughout the 19th century,

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Western Europe dominated the rest of the Country and Catalonia, as well as Flemish world. Hans-Hermann Hoppe (1993) stated groups in Belgium. that “progress results whenever a less taxing According to the economist Philipp and regulating government expands its Bagus (2017), smaller organizational units are territory at the expense of a more expropriative more flexible, innovative, and less threatening. one.” However, history has also shown that They lead, therefore, to more prosperity and the fewer the remaining states (consequently peace. Bagus stated: increasing the total size of their individual Small political units foster competition and territory), the less their governments will therefore offer more advantages like low continue to defend and strengthen domestic taxes and less regulation. Historically, if . the citizens didn’t like the policies of their country, they could leave easily because The basic objectives of the trusteeship the border was closer. If you lived in a vast system, in accordance with the Purposes country like the Russia of the Tsar or the of the United Nations laid down in Article Soviet Union, that would be much more 1 of the present Charter, shall be… to challenging. (BAGUS, 2017) promote the political, economic, social, and educational advancement of the inhabitants In the early 19th century Germany, a of the trust territories, and their progressive citizen of Royal Bavaria could quickly move to development towards self-government or the neighbouring Kingdom of Württemberg if independence as may be appropriate to the particular circumstances of each territory living conditions were better. Thus, it is argued and its peoples and the freely expressed that when Germany was fragmented into wishes of the peoples concerned, and as many different states, regents were competing may be provided by the terms of each peacefully to get the best talents. Peaceful trusteeship agreement. (CHARTER OF competition among the German states ended UNITED NATION, 1945, art. 76) when the two most powerful German units (Austria and Prussia) started a war, ultimately The collapse of the socialist Soviet Union leading to the second German Reich with led to the creation of several new states within Prussia at the helm in 1871. (BAGUS, 2017) its former territory, as well as in Eastern In contrast, throughout the past decades, Europe. The majority of the population the European Union (and its predecessor, within these new states often belong to the European Community) has been groups that differ ethnically, religiously, trying to minimize cultural identities and and/or linguistically from the former Soviet particularities, as well as the political and Union’s majority. Also, former Yugoslavia economic independence, of its member turned into several independent new states, states. However, despite the intentions to such as Slovenia, Croatia, Serbia, and Bosnia, centralize all political power with the EU, while also the Czechs and the Slovaks have separatist movements are gaining support. split into two individual countries. Other The motivation for secession can be different, parts of Europe have separatist movements either based on the aim to achieve linguistic, which attempt to achieve independence by cultural and/or religious independence, or very different means. These groups include based on purely economic/ financial aspects. South Tyrolians in Italy, Scottish nationalists Hans Hermann Hoppe (1993) critizised the in Great Britain, separatists in the Basque public perception of the state as just and

Diagramação e XML SciELO Publishing Schema: www.editoraletra1.com.br | [email protected] MISES: Revista Interdisciplinar de Filosofia, Direito e Economia 201 Patrick Reimers necessary, arguing that without the public’s later process of independence can certainly voluntary cooperation any government would be considered ‘secession’. implode and its powers evaporate. Forced integration always creates tension and conflict, while voluntary separation leads 2. Hülsmann’s Thought on to harmony. As secession usually involves Secession & Self-Determination the breaking away of a smaller population from a larger one, it is also a vote against the In line with (1973), also general principle of democracy (in the sense of Hülsmann (1989) criticizes that governments ‘dictatorship by majority’), while instead being violate individuals’ rights and property in favor of private, decentralized property. without being considered criminals. The However, secession does not automatically ‘hegemonic bond’ between the so-called mean that people want to completely break all ‘director-ruler’ and its subjects is down to hegemonic ties between them and their ruler; the fact that (a majority of the) members of they might only intend to change certain society consider such violations of other unfair regulations, such as demanding lower taxes or refusing certain privileges to other people’s property rights as compatible with individuals within the territory. civilized intercourse. Consequently, one way to act against such coercive violent In addition, bonds between government behavior by the state is secession, defined and the individual subjects within a territory as the one-sided disruption of hegemonic can be very different; such was the case in bonds by certain subjects. Either in this case, the so-called “Jewish ghettos” in several European cities, where Jews were often subjects can oppose the ruler’s property exempted from non-Jewish jurisdiction rights violations by refusing to pay taxes, and certain forms of taxation. Even though for example; or, alternatively, they may simply these ‘special’ treatments were not a result start resisting the ruler whenever he violates of prior secession movements, they show their own or other people’s property rights. that different systems can exist within one The secessionist may abolish the hegemonic greater geographic territory. Hülsmann (2003) aspect of the existing (coercive) institutions. concludes “the only limit for geographical Hülsmann explains different forms of dispersion of political regimes is given by secession that have occurred in history, also the boundaries of private property”, while referring to the geographical dispersion of each property owner, in their turn, may political regimes and the present-day example theoretically establish different sets of rules of the city of Baarle, a Belgian town located in for the users of his property/land. the Netherlands. Baarle has Belgian enclaves The establishment of isolated secessionist within its Dutch enclaves, causing certain strongholds can be considered a first streets to have some houses that belong under important step to the ultimate goal of full Belgian law, whereas other houses in the same liberation of a certain territory. Hülsmann street may actually obey Dutch laws. (2003) points out that such small, independent Former colonies of European powers in areas usually rely on the exchange of goods other parts of the world were another example and services with other regions. The smaller of geographically disconnected territories the country, the greater will be its pressure under common hegemonic bonds, and their to defend free trade, rejecting protectionism.

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While Russia might still be able to achieve a a few decades. In contrast, in the Middle Ages, comparatively high standard of living while the Christian religion did not only define the rejecting any form of foreign trade, smaller duties and rights of all citizens for centuries, new countries, which were founded based on it also limited medieval aristocrats in their secession, could not follow such protectionist endeavors, consequently defending and policies without significantly losing wealth ensuring certain liberties to all subjects. and living standards. Truly unrestricted free Hülsmann (2003) critically evaluates trade would allow even the smallest state to fit classical liberalism, stating that it is no surprise into the world market, while also benefitting that it has never succeeded in bringing lasting, from the division of labor. Thus, the smaller long-term liberty and justice to any country a territory is, the more crucial it is likely to so far. Hülsmann favours a naturally evolving be to promote and benefit from free trade. secession, which, if properly done, can lead As Hülsmann (2003) pointed out, there to genuine reforms that “do not already are two major benefits of political reforms automatically contain the seeds of their own by secession: destruction”. First, secession abolishes hegemonic Second, if secession is an “activity fully bonds, including those of core organizations harmonious with the respect of private like the former (hegemonic) army, police, property and the economic means”, it is the the courts etc. Consequently, at least in only possible type of political reform that the beginning, the new governments will could achieve a private-property regime potentially defend crucial aspects, such in which the principles of such regime are as political transparency, free enterprise, respected. Thus, this specific reform would freedom of speech, and generally individual not create new violations of property. liberty, more properly than the former hegemonic regime. However, these new The Purposes of the United Nations are… secessionist territories might actually turn to develop friendly relations among nations into a more coercive violent political system based on respect for the principle of equal than its former hegemonic power had rights and self-determination of peoples, ever been. Hülsmann (2003) compares the and to take other appropriate measures to “implementation” of a new freer political strengthen universal peace. (CHARTER OF system to the laws of the business cycle: UNITED NATIONS, 1945, art. 1) Business investments not supported by genuine savings will lead to an economic bust after a short period of economic growth 3. Political, Legal and Scientific illusion. Simultaneously, political territories Challenges to Secession on which “liberty is being imposed” may (after a short period of liberty illusions) soon Alexander Martinenko (1996) pointed suffer from even more coercive, totalitarian out that full recognition and enjoyment of regimes. In line with M. Rothbard (1962), J. the right of secession in the modern world Hülsmann also states that classical liberalism faces three major difficulties: political, legal, has never managed to establish a properly and scientific ones. working public order which protected private Politically, most states are not willing to property and individual liberty for more than give up a part of their territory and population.

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Thus, the road to ultimately recognizing the most complicated question related to the independence is usually very painful. From right of secession arises after the right has the legal point of view, the process is often been conquered: How to distribute rights and even more challenging due to the States’ duties, population, and assets, and liabilities internal legal systems, as most legal systems/ between the original state and the seceding constitutions do not envisage the possibility of one? (MARTINENKO, 1996). dividing the state or the right of secession for any part of its population. Many legal systems 3.1. Conditions for Secession even consider criminal punishment for any activity related to secessionist activities. The Hülsmann (2003) points out that, in most former Soviet Union officially recognized cases, the hegemonic power is much better the possibility of demands for secession in equipped than the secessionist movements its Constitution, which is far from unique. in terms of arms and machinery needed for However, even under such favorable legal violent conflicts. Consequently, secessionists circumstances, it took a long time for some must find the means to overcome hegemonic of the former Soviet nations to actually claim coercion, despite the central government that right. The situation seems more favorable holding monopoly over typical war material from the point of view of international law, and ‘war organizations’ (such as the military). as the right to secede can at least be seen as a However, governments are never able to constituent part of the complex right to self- fully control the entire population, since the determination. Also in this case, however, government always represents a minority conceptual difficulties arise. The right to within the entire ‘society’. Thus, Hülsmann secede is beset by too many questions to states, “hegemonic bonds exist because a be easily managed in modern international majority voluntarily complies with them”. legal terms. First, it is necessary to identify It is the members of a coercive system that the entity which shall enjoy this right. establish their own subjection, meaning that Individuals cannot claim it, because it is people choose by themselves to subject to a not purely a right of an individual human ruler. being, but the collective right of a people. People justify their own acceptance of But what constitutes a people depends on hegemonic bonds, assuming that ‘any change the definition. None of our humanities or could possibly make it even worse’. Successful social science disciplines, not to mention legal secession requires a previous transformation science, offer a precise definition of “people.” of the people’s political beliefs. Hülsmann And if a population does enjoy the right to vaguely says that “a substantial majority of the secede from another state, the next question population’ must strongly reject the present is in what legal form such a decision should hegemonic bonds”. be framed, and what procedures need to be followed to make it valid. If such a decision 3.2. How to Achieve True is to be made through a referendum, the Self-Determination: Hoppe, kind of majority of votes necessary to be Hülsmann and Deist required needs to be defined: should it be the majority of the people seeking secession, Ludwig von Mises (1944, p. 47) already or of the population of the specific area, or understood that “mass democracy is no of the population of the entire state? Possibly substitute for a liberal society, but rather an

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enemy of it”. Nowadays, by looking at the “implicitly seceded territories” engaging in United States of America, it is hard to believe noncompliance with federal authority. that a physically vast, multicultural state of It seems advisable to engage in a policy roughly 330 million people, with very diverse of passive resistance and non-cooperation, economic, social, and cultural interests, can be by stopping to support the enforcement of properly steered by one central government federal law. The ultimate goal must always be which defines common laws and regulations, complete self-determination at the individual valid for all people living in that territory level, granting each of us sovereignty over (DEIST, 2016). Both Hülsmann (2003) and our lives. Ludwig von Mises (1919, p. 34) said Hoppe (1993) argue that self-ownership, self- “if it were in any way possible to grant this determination, and decentralization need to right of self-determination to every individual be applied in all parts of the world, whether person, it would have to be done. it is Catalonia, Scotland, Flanders, or South Secession begins with actions taken in Tyrol. Hoppe, as well as Jeff Deist, believes that our everyday lives to distance and remove secession movements do not necessarily need ourselves quietly, non-violently, inexorably to be backed by political mass movements, but from state authority. In order to prepare for should much rather focus on ‘hyper-localized self-cultivation, people need to cultivate resistance’ to the federal government in the stronger personal relationships (while the form of a “bottom-up” revolution. state prefers atomized individuals without strong family structures or real-life social Hoppe states that force is justified in networks). People need to secede from self-defence and, consequently, the use of state dependency by becoming more self- democratic means is justified to achieve sufficient in regards to food, water, security nondemocratic, libertarian, pro-private – and certainly regarding economic/financial property ends: a bottom-up revolution shall – and ultimately monetary independence. use persuasion and democratic mechanisms Independence from the mainstream public to secede at the individual, community, and media, from public education, and public local levels, withdrawing consent from and healthcare are also crucial to achieve true fully ignoring the rules of the coercive rulers financial and mental independence from the (the corresponding governments). (HOPPE, central State’s institutions. 2003) Deist states that nowadays, in countries 3.2.1. Justification for the Use of Violence like the USA, the road to secession cannot & Foreign Weapons work if it begins directly on the national A very relevant aspect Hülsman (2003) political level. Financial and human resources mentioned, but which could have been of libertarians, secessionists and anarcho- discussed in more detail, is the moral capitalists are simply too weak to significantly justification to use weapons and violence, in change the thinking of the majority of the particular if said weapons for secessionist society. From a Libertarian perspective, movements are provided by foreign, and political change in today’s Western society potentially totalitarian, regimes. First, who is not possible without a philosophical, can ultimately decide whether a government educational, and cultural base for change. is violating the rights of its citizens, certain Hoppe envisions a growing number of minorities or a few individuals? Which

Diagramação e XML SciELO Publishing Schema: www.editoraletra1.com.br | [email protected] MISES: Revista Interdisciplinar de Filosofia, Direito e Economia 205 Patrick Reimers precise government behaviour justifies the His most famous work, “The Road to Serfdom,” use of mortal weapons against other human published in 1944, is an anti-socialist classic. It beings for the sake of “secession” and “self- warns against the threat of tyranny resulting determination”? By generally refusing any from governmental control of economic form of public order, vigilante justice/arbitrary decision-making through central planning. law and any form of violence in the name of Hayek’s latest work, ‘the Fatal Conceit’, written “secession” seems to be justified against “the at the end of his long and impressive life, State” - and ultimately against its servants mainly approached one common theme: (e.g. Police officers). Hülsmann can certainly the nature and societal role of knowledge be seen as an economist and author who and information, and their corresponding often points out his idea of a respectful, use and misuse. Hayek (1944) stated that capitalist society of peaceful coexistence, but our civilisation depends on what can be in this specific essay, he could have taken described as the extended order of human the opportunity to explain his thoughts on cooperation, which is more commonly, if the justification of the use of violence more somewhat misleadingly, known as capitalism. properly. Moreover, it is not clear whom the Consequently, Hayek’s spontaneous order is a ‘secessionist guerrilla groups’ he mentions are concept of unplanned social order, generated actually fighting for: is it a fight of independent unconsciously by goal-oriented individual individuals who claim individual liberty and action, stating that these self-organizing self-determination within a fully anarcho- social phenomena are transmitting more capitalist society? Or is the establishment of a relevant information than any centrally new separate State for thousands or millions steered, conscious design. Hayek’s thesis is of people the actual goal? If it is the latter, how that political/economic systems evolve just can one ultimately guarantee that, within this as organisms do: the fittest will survive. specific territory, a majority of the population Such spontaneous orders do not arise from truly desires full politic independence from rational planning, and the fatal conceit is that the former hegemonic bond? This discussion planners can ever understand such an order also shows one more critical aspect which at a comprehensive enough level to predict will need to be analyzed: Is it really the vast the consequences of centrally/artificially majority of a population who is asking for changing it. Moreover, people’s instincts secession, or is it simply a very active, well- and consciousness regarding “fairness” are organised minority? suitable only for small communities which can agree on goals, but lead to disaster when 4. Hayek & the Extended Order applied to large modern societies. Culture and society are not the product of human Friedrich A. von Hayek must be seen as reasoning. The opposite is true as it is our one of the most relevant economists of his culture and the evolution of society that time (1899-1992). Some of his most important defined our reasoning (BOYKIN, 2010). works focused on money and credit conditions The extended order of human cooperation and their impact on business cycles in the plays a central role in Hayek’s beliefs, which 1930s, but one must certainly also mention need to be understood and respected, his analysis of the comparative efficiency of to maximize prosperity and freedom of socioeconomic systems in the 1940s and 1950s. humankind. Hayek defines the “extended

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order” as a society based on a voluntary rules to individuals, without the authority to exchange within a free market, with limited oblige certain individuals to do certain things government, property rights, and the Rule (HAYEK, 1979). Within the range of these of Law. The extended order can be seen as a general rules, individuals have the right to species of the “spontaneous order” process, pursue their goals. Important to note that, being the result of but not of to Hayek, equality refers to equality before human design. (HAYEK, 1988) the law; it does not mean material equality. Hayek (1988) not only detects the major However, Hayek considers the influence disadvantages, inconsistencies, and threats of interest groups in politics as a potential of any form of central-planning; he also threat also to liberal governments and the synthesizes all free market theory into one extended order. Political parties can become concise concept of “spontaneous order”. coalitions of interest groups, imposing costs The basis of spontaneous order is that a on the public. The rule of law can be violated stable and effective form of relationship can once government intervenes in the market in develop from evolved rules. These rules order to support certain influential groups. can be implicit, not explicit, and might not Moreover, if a legislature, the institution even be rationally justified. They develop that makes the rules, can distribute favours without any conscious central planning and through its designing of policies, it violates steering. Taking the examples of money, law, the Rule of Law, serving special interests. In and language, all major aspects which have previous works, Hayek also defined an “ideal shaped most civilizations throughout decades constitution”, showing how the separation of or centuries came about by the process of powers might work most efficiently, limiting spontaneous order. The most important of the influence of interest groups. Hayek all such spontaneous orders is the extended proposes a clear distinction between laws and order. Both, the evolution of the common “commands”, in a bicameral legislature with a law, as well as the evolution of the barter “Legislative Assembly” and a “Governmental economies towards monetary economies can Assembly”. Moreover, Hayek pointed out be seen as components of extended order. the importance to protect private property, as there is no true justice without property. 4.1. The Rule of Law A peaceful cooperation among individuals requires the recognition of private property The Rule of Law is the legal framework by any political authority. (HAYEK, 1979) appropriate to the extended order. Hayek (1979) described it as a “political ideal”, which requires that laws be more than just legally 5. Comments & Criticism binding and temporarily valid regulations. to Hülsmann’s Thoughts There must be general rules, which are 5.1. Secession as the Desire of the universally applied. Hayek distinguishes Majority: A Practical & Moral Need? between “Law” and “Legislations”. While true Laws are universal and can be discovered, Hülsmann (2003) mentions several times actual “legislations” often and unfortunately that, in most cases, “a necessary condition are only orders defined by governments to for successful secession is that a substantial control certain people/ groups. The state’s majority of the population repudiates the power must be limited, only applying general hegemonic bonds… that a great number

Diagramação e XML SciELO Publishing Schema: www.editoraletra1.com.br | [email protected] MISES: Revista Interdisciplinar de Filosofia, Direito e Economia 207 Patrick Reimers of citizens are in a secessionist mood”. 5.2. “What Majority?” – Secession & the However, from a purely “operational & Challenges of Self-Determination pragmatic” point of view, a government can also be inoperable if only a minority The increasing strength of the within the secessionist territory successfully independence movement in Catalonia has prevents government officials and public given rise to a direct confrontation between servants from doing their job. An area can be two opposing conceptions regarding the rendered ungovernable without the support legitimacy of secession in democratic nation-states. On one hand, pro-referendum of the majority of the population. Moreover, believe that a vote on the matter secessionists can reduce the need for public would be fully consistent with the basic support by maintaining secrecy and self- principles of democracy. On the other, the sufficiency. This means that unidentified Spanish government justifies its denial of individuals and small groups can be able to a referendum on the legal authority of the supply their own attacks, without a need for Spanish Constitution, which points out public support, for example, by ‘fleeing to the that Spain must remain united. What is not wilderness to become rural guerrillas’. sufficiently discussed in Hülsmann’s essay Hülsmann (2003) justifies secessionism is how a peaceful secession could actually if “a substantial majority of the population” work from a political, sociological and supports it, vaguely stating that there is the constitutional perspective. need for an “ample popular support… to replace police, judiciary and public officials 5.2.1. Secession without entire with individuals independent of central Self-Determination? government.” However, one may very well argue that by constantly referring to Hülsmann (2003), who considers “majorities”, Hülsmann justifies the entire himself a libertarian, anarcho-capitalist, democratic system, a system that can and, consequently, a supporter of complete ultimately be considered “a dictatorship by privatization, does not clearly distinguish majority”. It is not clear what “substantial between self-determination and the secession majority” means – is it 51% or 67% of the entire of a territory. Moreover, it is not clearly stated population – or only of those that previously whether he completely condemns the concept participated in a referendum or corresponding of “democracy”, whether every “democratic elections? Just like, at least from a military/ decision” is seen as a coercive, unjustified and operational perspective, there is no need as a hegemonic ‘dictatorship by the majority”, to actually have ‘the majority’s” support to even within a new secessionist State. (HOPPE, successfully overturn a (coercive) government, 1989) the simple fact of having “the support of the Hülsmann mentions the example of majority” does not guarantee that a freer, the Dutch-Flemish city of Baarle, which less coercive new secessionist State can be partially belongs to Belgium and partially accomplished. Moreover, it is possible that to the Netherlands. However, Baarle must be “the new minority” will be treated much seen as a very “soft”, and therefore not fully worse in the new secessionist state than the satisfying, example for “unproblematic self- new State’s majority had ever been treated in determination” - both countries, Netherlands the former “hegemonic bond”. and Flemish-Belgium, share the same

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currency, the same language and belong in independence in their past referendum, what the European Union. Contrarily, the cultural, (from a libertarian or anarcho-capitalist point political, and economic impact of secession of view) would have happened with those in the case of a (partial) independence of the Scottish regions that heavily voted against Republic of Kosovo from Serbia, could be independence? much more significant – in particular for the The same applies for Catalonia: it minorities living within the new secessionist is important to understand the current State. situation by analyzing the main historic events, explaining “how we got to today’s 6. The Cases of Scotland crisis”. Towards the end of the 19th century, & Catalonia among the Catalan middle class had grown based on a sense of separate The recent refusal by the central identity, due to a unique culture, including Spanish government to consider any kind language, literature, architecture and music. of referendum on Catalan independence Also, Spain’s defeat by the United contrasts sharply with the way the British States in 1898 and the following loss of the government responded to Scottish nationalist last remnants of empire – Puerto Rico, the aspirations. The “Edinburgh Agreement” Philippines, and Cuba, which was a major between the British Prime Minister and the market for Catalan exports – led to a growing then first minister of Scotland to allow a political movement in Catalonia. Like their binding referendum on Scottish independence counterparts in the Basque Country, the stands in sharp contrast to the Spanish Catalan elites were reacting to the failure government’s outright opposition to a similar of Spain’s central state to respond to their vote in Catalonia. Moreover, demands for requests, including the desire for greater self-determination are also still strong in political recognition and a more liberal tax Flanders (Belgium), as well as in South Tyrol regime. In 1931, a new political party, the (called ‘Trentino-Alto Adige’ by the Italians). Esquerra Republicana de Catalunya (ERC), Even in Germany’s Bavaria, in the Basque a Catalan separatist republican left-wing Country, and certain parts of France and Italy, party, enjoyed success in the municipal separatist ideas have re-gained relevance. elections. Simultaneously, the monarchy (SIMMS; GUIBERNAU, 2016) was swept away, and the Second Republic First, it seems crucial to clearly define to was established on 14 April 1931. Colonel which geographic extent and in which political Francesc Macià, the Catalan ERC party leader, cases ‘secession’ can be – legally, politically, immediately made a unilateral declaration of and morally - justified. What happens if independence. However, the new Republican- opinions significantly differ by county, district Socialist coalition in Madrid managed to talk or even by urban quarter within a territory him out of this plan by promising a wide- which is generally considered as a stronghold ranging autonomy statute for Catalonia. of separatism? By looking at Scotland and Then in 1934, Lluís Companys, Macià’s Catalonia, we can see that even within these successor as president of the Generalitat, or territories the ‘general opinion’ significantly government, of Catalonia, declared a short- differs by district when it comes to the idea of lived independent . Catalonia’s political independence. If Scotland had chosen quest for independence and Companys’

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Figure 1. “Divided in Unity” – Variation on Support for Independence by Region. Support for the political Catalan Independence Movement in the 2015 Catalan elections – split by region. Source: ‘The Economist’ 2015, Catalan Election Results 2015.

Figure 2. The North-South-Split: Result of the Scottish Independence Referendum 2014 Source: Wikipedia, Scottish Independence Referendum 2014 Results.

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success did not last long. Soon, Companys was the (first) Catalan Statute was approved imprisoned and accused of military rebellion. by a referendum and became law. In 1980, Thus, the roots of the 20th century political the first elections to the Catalan Parliament antagonism between Madrid and were held, won by the centre-right catalanist were also seen in the civil war that broke out Convergència i Unió (Convergence and on 17-18 July 1936, when some sectors of the Union), led by Jordi Pujol, who would stay in Spanish army rebelled against the legitimate power as Catalan President of the Generalitat government of the Second Republic. The for the next 23 years. rebels rejected democracy, the party system, Within those years, the relatively slow separation between church and state, and the transfer of powers from Madrid to Barcelona autonomy of Catalonia, the Basque Country increased Catalans’ dissatisfaction. Tensions and Galicia. Hostility to regional nationalism grew, and the support for independence was one of the main motivations behind the increased in Catalonia. After long negotiations, military coup of July 1936, which ultimately a new Catalan Statute was approved by the put ‘General Franco’ into power. Franco’s parliament in Madrid in June 2006. Although forces overtook region after region, leading not all fiscal/ legal demands of the Catalan to a considerable repression of civilians – government were met, the principal Catalan not only in Catalonia. The industrialization parties (including the socialist PSC, but of Catalonia and the Basque Country had excluding the Partido Popular/PP) accepted left the most economically developed parts the new Statute because it recognised that of the Spanish state politically subject to Catalonia was “a nation”. The new Statute the less prosperous Castile. One of the first was also endorsed by the Catalans in a acts of the occupying forces was to ban the referendum. (SIMMS; GUIBERNAU, 2016) use of Catalan in public, and there were From 2003 to 2010, Catalonia was systematic property confiscations. Franco’s governed by the so-called tripartit, a coalition victory led to the suppression of Catalan between 3 groups: the Catalan Socialist Party political institutions, the prohibition of all (PSC), the Esquerra Republicana de Catalunya symbolic elements of Catalan identity, such (ERC) and the Iniciativa per Catalunya Verds, as the national flag (the ) and the which itself was a coalition of Communists Catalan national anthem (“”). and Greens). The authoritarian state designed by Franco At the point of becoming law, the Statute used brutal force also to suppress Catalonia, was challenged on constitutional grounds by Galicia and the Basque Country within the the conservative Partido Popular (PP). The Spanish territory. case was referred to the Spanish constitutional For some years after Franco’s death in court, and on 28 June 2010, the Spanish 1975, things changed under the monarchy of constitutional court revoked several clauses. Juan Carlos, who tried to create the image of It removed vital points from the Statute of a “king of all Spaniards”. From October 1977 Autonomy 2006 and declared them non- to October 1978, the three historic nationalities constitutional. The original text’s definition – Catalonia, the Basque Country and Galicia of Catalonia as a nation was replaced with – were permitted autonomy statutes, and the word “nationality”, and eight references thirteen other regions were subjected to to the “indissoluble unity of the Spanish vaguer autonomy arrangements. In 1979, nation” were inserted in the text. According

Diagramação e XML SciELO Publishing Schema: www.editoraletra1.com.br | [email protected] MISES: Revista Interdisciplinar de Filosofia, Direito e Economia 211 Patrick Reimers to the Spanish high court of justice, some of most disputed articles are 2 and 8, which the statute’s initial content did not comply state, respectively, that “the constitution is with the Spanish constitution. This outraged based upon the indissoluble unity of the many Catalans. It was also a major defeat for Spanish nation, common and indivisible the moderate Catalan Socialist Party (PSC), patria of all Spaniards” and that “the army’s and it boosted support in Catalonia for mission is to guarantee the sovereignty radical separatism. In 2014, the new Catalan and independence of Spain, to defend its government, led by Artur Maas, initiated territorial integrity and the constitutional an ‘Independence Referendum’, which was set-up” (SPANISH CONSTITUTION, 1978, p. held in November 2014. Madrid declared 9). Rajoy’s implication was clear: the country the process illegal, but ‘the referendum’ was would remain united. still held. The voter turnout was only 37 per The evolution of the negotiating cent, but the vote in favor of independence process between the Catalan and Spanish was 81 per cent. While separatists focused governments since the re-establishment on the “strong support for independence” of democracy in 1977 has recently led to a reflected in the 81% that voted “yes”, those clearly deteriorating political relationship, in opposed to independence simply defined the which the Spanish government has gradually ‘referendum’ as illegal, and not representative renounced the accommodation of Catalan due to the low turnout. (CRAMERI, 2015) territorial demands. The Catalan plea to justify Tensions increased after the Catalan a referendum on political independence has elections in September 2015, when the pro- been mostly based on the idea of a ‘democratic independence coalition known as Junts pel Sí Right to Decide’, based on a “national right to (Together for Yes) won a 40 percent share, being self-determination”. The demand for political supported by the even more radical, ultra- independence has been legitimized by the catalanist and anti-capitalist Candidatura democratic principle, arguing to defend the d’Unitat Popular (CUP), getting 8 per cent. rights of ‘the Catalan people’. The Greek word Pushed by the CUP, the new nationalist demokratia comes from δῆμος (demos, people) coalition announced to hold ‘a definitive and kratos (power): “the people hold power”. referendum’ on Catalan Independence in From a separatist view, the Catalans are “a Oc tober 2017. people”, and must therefore have the power Spain’s Prime Minister, Mariano Rajoy, to decide. In a modern democratic State, had previously already announced that the Rule of Law and democratic legitimacy the Spanish state was entitled “to use any need to be reconciled, and cannot remain available judicial and political mechanism opposed in the long term. Levrat and contained in the constitution and in the laws Antunes (2017, p. 139) argue that if Spanish to defend the sovereignty of the Spanish national authorities deny Catalonia the right people and of the general interest of Spain” to negotiate its Right to Decide within the (REUTERS NEWS, 2015). The preamble Spanish political framework, “then the only to the constitution proclaims the Spanish path left for Catalonia’s authorities is the call nation’s desire to “protect all Spaniards for a self-determination referendum”. The and the peoples of Spain in exercising their recent escalation could have been avoided. human rights, their cultures and traditions, Catalan separatism feeds off Madrid’s languages and institutions”. Probably the centralist intransigence. Thus, although the

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Spanish President M. Rajoy legitimately state? To break this further down into the insisted that the Spanish constitution did not respective city districts: there might also be permit a Catalan referendum on autonomy, significant differences between the individual a constitution is certainly not ‘an eternal, districts within bigger municipalities, such immutable truth carved in stone’, but rather as Tarragona and Barcelona. What would a document written at a specific point in be the “fair and proper” solution, if certain time which is certainly open to amendments. neighborhoods of Barcelona, like Gràcia Consequently, a constructive procedure could and Les Corts, prefer to belong to Catalonia easily be started. The Spanish government – while others such as Ciutat Vella want to could, for example, suggest that the original belong to Spain? 2006 autonomy status shall be recovered, including the definition of Catalonia as “a 6.1. Independence, Self-Determination nation” in the statute, and additional fiscal and/ or Anarchy independence. To go a step further, one This question can be broken down into could possibly even set up a referendum on smaller units, by finally having individual Catalonia’s independence, but only under referendums in every single village, in every specific conditions: a certain, clear majority neighborhood – until ultimately reaching the (e.g. 2/3 of the votes = 67%) must be achieved, individual level of true self-determination. and a minimum voter turnout (e.g. at least 50 per cent) must be given. Once ‘the right for secession’ is given However, we must generally discuss to a certain region, allowing that region’s which individual political entities should be population to autonomously decide on given the right to declare their independence their independence, without needing the unilaterally. Suppose Catalonia were to hold a support of the hegemonic bond’s majority referendum, and the overall majority of voters population, there is no more moral or legal supported independence; however, most justification to prohibit any form of further inhabitants of provinces such as Tarragona secession movement – be it by individual or Barcelona preferred to remain a part of districts, villages, neighborhoods – or even Spain. To which state would these provinces for each individual citizen. The example given belong? In the 2015, Catalan regional elections, by Hülsmann on the Dutch-Flamish city of parties opposed to Catalonia’s secession from Baarle cannot be taken as a general ‘best- Spain (Ciudadanos, PSC and PP) received practice approach’, as both the Netherlands a majority of votes and seats in some of and Flanders have the same official language, the ‘comarques’ such as Tarragonès, Baix and both belong in the EU and the same Penedès, Garraf and Baix Llobregat, including currency zone – consequently differing the city of Tarragona. Would these people, only in a few specific aspects regarding their against their respective majority decision, cultural, political, and economic structure. be forced to belong to a potential new In the case of a consistent and limitless independent Catalonia? If so, what happens right to secession, ultimately leading to if, at a later stage, the citizens of Tarragona complete self-determination, the households or Barcelona request a referendum for their within one single street could potentially own independence from Catalonia – or on belong to a dozen different countries – or to possibly belonging once again to the Spanish no country at all.

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Margaret Moore (2000), argues that a youth organization of ‘ERC’ openly pretend to “slippery slope” could emerge as a result of set-up a “socialist & independent Catalonia’, the choice-based autonomy argument, as it combining patriotism with planned-economy could lead to the general questioning of any ideas and collectivist populism. Historically, political unit. If, for example, the majority of most separatist movements were initially Catalans chooses independence from Spain, based on the completely rational desire to certain districts within Catalonia that voted protect one’s own cultural roots, language, against independence might feel entitled to religious beliefs or other traditions. However, claim their own secession from Catalonia, throughout these processes for independence, in the name of the same principles which an initially healthy combination of patriotism, justified the independence of Catalonia. cultural bonds, and the desire for freedom, Consequently, also Hülsmann (2003) has often been mixed with an aggressive fails to specify which groups of people can populist nationalism which, unfortunately, actually ‘justify complete secession’ from a often led people to support collectivist, anti- ‘hegemonic bond’, as he does not indicate liberal secession movements. One might how self-determination should be achieved certainly respond that, ultimately, liberals and how it should function economically and will have to accept ‘the people’s democratic’ legally. decision, because if the majority of the new The issue of the Catalan ‘Right to Decide’ State’s citizens prefer a coercive secessionist can legitimately be considered beyond government, this is “the people’s” own choice. the reach of the law. The discussion shall, This argumentation, however, can only be therefore, be seen in political, ethical, or justified if one believes in democracy, and the philosophical terms, and not exclusively in ultimate democratic concept of a “dictatorship a legalistic perspective. by the majority”, since even within a new secessionist State there is certainly not “one 6.2. Avoiding a Pyrrhic Victory – An public opinion”, but many different and EU-controlled Scotland & a Socialist autonomous opinions and desires, represented Catalonia? by the State’s individual citizens. Moreover, any secession always bears Huerta de Soto defends the concept of the risks that the new State will actually independent nations in an environment of be less liberal and less capitalist than the free trade, based on the protection of private hegemonic bond it previously belonged to. property. He argues that secessionism shall An ‘independent’ Scotland would very likely only be supported if the movement is based become part of the EU, potentially introducing on the ideas of national liberalism, on free the Euro currency. In Catalonia, the two market concepts and the protection of private most radical political separatist movements property (DE SOTO, 2008). However, these currently represented in the Catalan standards are difficult to apply in practical parliament are Candidatura d’Unitat Popular terms. In regards to Catalonia, a decision (CUP) and Esquerra Republicana de Catalunya on the legality of a unilateral referendum (ERC). Both are left-wing parties, supporting in would need to be taken years before the new inner-Catalan issues more interventionism of country’s constitution could be finalized, the (Catalan) State on economic aspects. ‘CUP’ and at a stage where no one knows how especially, but also the radical wing and the a future Catalonian government could be

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Figure 3. Separatism Leading to Catalan Collectivism? Images from the Streets of Catalonia Source: Pictures taken in Catalonia, photographers and artists unknown. shaped ideologically regarding aspects 7. The Right to Decide such as taxation and free trade. Thus, the decision on whether “a territory’s fight for Supporters of unilateral independence independence” is reasonable, will need to mention several sociological, philosophical, be taken before the future political and and even constitutional aspects to justify the constitutional structure of that planned new Right to Decide. They often argue that State can be evaluated. Moreover, the political it flows from the liberal-democratic party ‘PDeCAT’, which used to belong to the principle of individuals’ right to democratic self-expression, and that democratic political liberal ALDE group in the EU-parliament, philosophy supports sub-state entities and currently leads the separatist government corresponding referendums. In recent in Catalonia. PDeCAT is a liberal and pro- history, sub-state entities have challenged European Catalan nationalist party, successor states’ constitutional orders by exercising the of the former ‘Democratic Convergence of Right to Decide. Governing political parties Catalonia’, and representing rather liberal in Catalonia, as well as organized grass root positions on several politico-economic, movements and NGOs, have intensified socio-political, and civil rights issues. Thus, the idea that the citizens of Catalonia must Catalan separatism currently unites parties decide their own destiny. But a growing representing a rather civic, secular, liberal- dissatisfaction of many Catalans with the conservative approach with far-left collectivist way Catalonia has been treated by the central parties, such as the anti-capitalist, socialist Spanish government in regards to political, CUP. Thus, at the current stage, it is impossible cultural and fiscal independence also fuels the idea. Levrat and Antunes (2017, p. 139) to predict whether a potentially independent argue that the overarching reason to vote for Catalonia would be based on a rather liberal independence in a referendum is founded in and republican constitution, or if it would the democratic idea of the “Right to Decide” turn into a socialist state. Whoever believes in which embodies “a civic, democratic and Hayek’s extended order must also agree that liberal conception of a national project, rather such a “prediction” regarding the country’s than the materialization of the essentialist future political, economic, and legal structure version of the right to self-determination of would simply be of no value at the current nations”. The polysemic motto of the ‘Right point. (HAYEK, 1988) to Decide’ is therefore based on democratic

Diagramação e XML SciELO Publishing Schema: www.editoraletra1.com.br | [email protected] MISES: Revista Interdisciplinar de Filosofia, Direito e Economia 215 Patrick Reimers theories that provide a democratic approach in which they exercise their right to self- to secession based on the right to individual government”. In this approach, a direct link is self-determination. Thus, the Catalan right established to individual autonomy, allowing to decide involves questions of economic, an individual to join a group in the state of demographic, linguistic, cultural, and political nature and the right to withdraw from it. This levels, ultimately asking for the right to define concept, however, would lead us to the already the institutional structure in which they want mentioned scenario in which, ultimately, to live and evolve. smaller and smaller political entities could In contrast, “The (Spanish) Constitution separate from a new, independent Catalonia, is based on the indissoluble unity of the leading to true individual self-determination. Spanish Nation, the common and indivisible From a libertarian perspective, this theoretical homeland of all Spaniards; it recognizes and concept may be preferred, but it is far from guarantees the right to self-government of being a realistic option from a short or mid- the nationalities and regions of which it is term perspective for the Catalan case. composed and the solidarity among them Lastly, the third option mentioned by all” (SPANISH CONSTITUTION, 1978, p. Moore is “the theory of collective autonomy”. 8). This wording was used by the Spanish It abandons the individual perspective, Constitutional Tribunal to bar any claims that focusing on a communitarian approach of the Catalan people could be understood as a political subjects whereby groups enjoy a sovereign body. specific moral status. Self-determination can be correlated to the human right of certain, 7.1. Margaret Moore and the Three Major clearly defined groups. Such collective link Types of Normative Theories between individuals can be based, for example, According to the political scientist on a shared language, or a shared culture. In Margaret Moore, of Queen’s University in international law, this reasoning is connected Canada, three types of normative theories to the “principle of the nationalities”. can justify the right to secession. Such justification can be applicable in The first is thejust-cause theory, where the case of Catalonia, whose specific cultural the right to secession is justified when an characteristics are widely acknowledged, oppressed collective has been forced to especially, from a legal viewpoint, in the belong to another oppressive one. The idea Autonomous Communities Statute. Catalonia of an unjust annexation of Catalonia by the clearly has its specific history, an original Spanish state may be difficult to use due to culture, its own language, and has struggled the fact that Catalonia became part of Spain for several years to push for an institutional three centuries ago, and no massive violation evolution by peaceful and democratic means. of human rights is currently caused by the Thus, the Catalans have built a strong Spanish institutions. (MOORE, 2000) collective project. The second option is based on the Right Nevertheless, the “collective autonomy” to Decide on choice, i.e. on the significant thesis can be confronted with several liberal idea of individual autonomy, where objections. One may argue that this “individuals who are the members of a perspective ignores “the spontaneous order”, political community have a legitimate right downplaying the fluidity of cultures and the to define the territorial limits of the collective possibility for them to evolve, by neglecting

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the fact that constant intercultural exchanges From an economic point of view, imply that no culture is self-contained and Hülsmann considers competition between totally fixed. Moreover, the individuals states absolutely positive. History has shown who compose a group, might have “multiple us that the fewer the remaining states (and selves”, many of them overlapping, meaning the larger their individual territories), the they may feel both Catalans and Spaniards. less interest their governments will show in Still, the autonomy, or “democratic argument”, defending liberalism, civil rights, political appears to be a premise that cuts across all transparency, and economic free competition. the main theses that justify secession. Secession must therefore not be seen as reactionary, but as utterly ‘progressive’, being economically efficient while also Conclusion increasing linguistic and cultural diversity. Secession supports economic integration According to Hülsmann (2003), any and development. A European continent existing government can be seen as a consisting of hundreds of distinct countries, compulsory territorial monopolist of ultimate or even independent free cities, could lead to decision-making and a compulsory territorial a panorama of more truly liberal governments monopolist of taxation. As several other that are economically integrated through economists have already free trade, leading not only to more social explained before, it is obvious that such an and political harmony, but certainly also to institution cannot arise “naturally”, as the economic progress and development. outcome of voluntary contractual agreements In regards to the specific secessionist among individual property owners. The movements in Catalonia, it is argued that main purpose of all existing States is to grow democratic legitimacy at both Catalan and bigger and to re-distribute and consume the Spanish levels may exist, depending on wealth of its citizens. In this essay, Hülsmann the interpretation of the terms “demos” generally questions that central governments (people) and “nation”, and also depending could provide any type of service more on what is seen as more relevant: the Spanish efficiently than the free market. Apart from constitution or the self-determination of criticising the efficiency of public services, the “Catalan people”. The issue of the Hülsmann thoroughly analyses the general Catalan ‘Right to Decide’ can legitimately concept, benefits and possible implementation be considered beyond the reach of the law. strategies of secessionist movements as such. The discussion shall therefore be seen in The most relevant activity for any secessionist political, ethical, or philosophical terms, and movement is the successful battle of ideas, not exclusively in a legalistic perspective. In and of political beliefs. The population his ‘Proclamation regarding Nullification’ needs to understand the importance and the Andrew Jackson (1832) properly said that legitimacy of secessionism. The focus must it is almost impossible for any secessionist be on establishing a true private-property movement to be constitutionally legal, as it is order, as it is counterproductive to rely on precisely the oppression by the larger coercive compulsory concepts. The necessary support State that justifies the struggle for secession. of the people must be gained with constructive Consequently, “secession, like any other concepts. revolutionary act, may be morally justified

Diagramação e XML SciELO Publishing Schema: www.editoraletra1.com.br | [email protected] MISES: Revista Interdisciplinar de Filosofia, Direito e Economia 217 Patrick Reimers by the extremity of oppression; but to call negotiating process within the EU framework it a constitutional right is confounding the . Whether the current Spanish government meaning of terms”. under Prime Minister Pedro Sánchez Pérez- When conflicting political legitimacies Castejón will give “the right to decide” to compete, there is a strong need for democratic the Catalan people is rather unlikely. The authorities to negotiate. In a genuine liberal socialist governors of several autonomous democracy, rule of law and democratic communities, such as Sanchez’ fellow legitimacy need to be reconciled and socialist party member (PSOE) and former cannot remain opposed in the long term. President of Andalusia, Susana Díaz Pacheco, However, based on Hayek’s idea of the have clearly opposed any further political spontaneous order, we consider the natural independence of Catalonia. Meanwhile, as a counter-reaction to Catalan separatism evolution of the Catalan society, their desire and the socialist Spanish government, new for cultural and political independence as centralist movements such as VOX are well as their quest for self-determination, gaining notable support among Spanish as more relevant than eternally defending voters, mixing anti-immigration positions the current Spanish Constitution. Although with conservative values and the “need for a the former Spanish Prime Minister Mariano strong, united Spain”. It is highly-unlikely that Rajoy Brey legitimately insisted that the from a short- or mid-term perspective there Spanish constitution did not permit a Catalan will be a “pro-referendum” majority in the referendum on autonomy, a constitution is Spanish parliament. Considering the strong certainly not ‘an eternal, immutable truth influence of those PSOE party members carved in stone’, but rather a document written which reject the concept of a “Catalan right at a specific point in time, which may certainly for independence” and combining their be open to amendments. Catalan separatism parliamentary representation with that of the has been fed by Madrid’s centralism, and generally centralist anti-referendum parties one may argue that some of the secessionist such as PP, Ciudadanos and VOX, we believe emotions are steered by a frustrated Catalan ‘act that in the nearer future, it is unrealistic that of defiance’. However, contrary to the British such a referendum could be tolerated or even Brexit movement, which was in particular initiated by the ‘Cortes Generales’, the Spanish supported by elder and rural British voters, bicameral parliament. On the other hand, the in the case of Catalonia it is mainly young cultural gap between the younger Catalan people, often urban university students, who generation and the Spanish state seems to push for secession. One can therefore expect grow, not only due to the increasing political that the number of Catalans who, for cultural tensions, but also because in several rural (e.g. linguistic) reasons do not ‘feel Spanish areas of Catalonia many (public) school anymore’, may rather increase throughout students have increasing difficulties in the next years. Thus, if Spanish national properly speaking and writing Spanish. When authorities keep denying Catalonia the right looking at the corresponding inaction of the to negotiate its ‘Right to Decide’ within the European Union, another significant problem Spanish political framework, then the only is the EU’s lack of a proper institutional path left for Catalonia’s authorities seems to framework to deal with Catalan demands be the call for a unilateral self-determination to become a nation within the Union. The referendum, ideally through a sovereignty author of this paper, a German who studied

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