MODERN SOCIETIES and NATIONAL IDENTITIES Legal Praxis and the Basque-Spanish Conflict

MODERN SOCIETIES AND NATIONAL IDENTITIES Legal Praxis and the Basque-Spanish Conflict Unai Urrastabaso Ruiz IDENTITIES AND MODERNITIES IN EUROPE Identities and Modernities in Europe Series Editor Atsuko Ichijo Faculty of Arts and Social Sciences Kingston University United Kingdom The Identities and Modernities in Europe series covers one of the central issues of the social sciences: that of modernity. Arising from a European Commission funded FP7 project, ‘Identities and Modernities in Europe’, the series brings together the latest research findings and provides a broader sociological, historical and anthropological analysis of various dimensions of identity in contemporary European societies. By way of a comparative study of processes of Europeanisation, the series contributes to sociological understandings of migration, secularization and education. It also examines the dynamics between Europeanisation, nationalisation and globalisation. More information about this series at http://www.springer.com/series/14860 Unai Urrastabaso Ruiz Modern Societies and National Identities Legal Praxis and the Basque-Spanish Conflict Unai Urrastabaso Ruiz Pamplona-N, Spain Identities and Modernities in Europe ISBN 978-3-319-60076-5 ISBN 978-3-319-60077-2 (eBook) DOI 10.1007/978-3-319-60077-2 Library of Congress Control Number: 2017948018 © The Editor(s) (if applicable) and The Author(s) 2018 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover illustration: © Archivo Real y General de Navarra Printed on acid-free paper This Palgrave Macmillan imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland Acknowledgments This book is largely based on my doctoral dissertation, which was funded by the Department of Education of the Government of Navarre. I am grateful to my supervisors for their guidance, to James Kennedy, and especially to Jonathan Hearn, who supervised my work closely and facilitated the development of the skills required to complete the study. Many people have helped or supported me, and I am thankful to every one of you, even if I cannot name you all. Some of you made yourselves available and were willing to aid me in difficult times: Martin Booker, Mar-Lisa Ras, and Jose Carte, thank you. The unexpected interest and encouragement of Sharla Plant has made this possible. Finally, I would like to dedicate this book to my parents, Inmaculada Ruiz Palacios and Javier Urrastabaso Inda, whose love and support have allowed me to overcome challenging times and achieve this. v Contents 1 Introduction 1 2 The Basque-Spanish Nationalist Conflict 19 3 A Legal Presumption in Modernist Interpretations of Nationalism 35 4 Legal Positivism, Legal Realism, and Legal Pluralism 63 5 Carlism: The Meaning of the Counterrevolution 89 6 Governance in Navarre 1840–1936 123 7 The Fueros and the Creation of the Basque Country 159 8 Modern National Identities in Navarre and Euskadi 183 vii viii Contents 9 Conclusion 195 References 201 Index 215 List of Figure Fig. 1.1 Graphic representation of the jurisdictional entities studied in the Iberian Peninsula 8 ix 1 Introduction This volume develops a novel interdisciplinary theoretical approach to interpret the Basque-Spanish nationalist conflict. It incorporates into sociological analysis the understanding of law put forward by legal realism and legal pluralism in order to answer some of the most pressing problems encountered in historical research on the topic. The study takes the form of a comparative historical analysis that focuses on the historical puzzle produced by the political trajectories of Navarra (from now on Navarre) and Vascongadas (precursor of today’s Basque Country, formed by the historical territories of Biscay, Gipuzkoa, and Araba-Álava) between 1841 and 1936. Throughout history, the jurisdictional authorities of both territories defended their legitimacy to exercise types and degrees of social power regardless of the social system adopted by the state’s government. During most of the nineteenth century, this defense translated into key influential majorities in both territories defending together a similar concept of the state, the one associated with Carlism, and each territory was thought of as being both Basque and Spanish. In the 1936 military coup, however, the jurisdictional authorities of Navarre and Vascongadas defended different concepts of the state. Navarre’s supported the military © The Author(s) 2018 1 U. Urrastabaso Ruiz, Modern Societies and National Identities, Identities and Modernities in Europe, DOI 10.1007/978-3-319-60077-2_1 2 1 Introduction coup, whereas Vascongadas’s stayed loyal to the republican government, with a more ambivalent position in Araba-Álava. By that time, the meanings of both “Basque” and “Spanish” had been reinterpreted, and important differences had emerged between Basque nationalists and Navarre’s Carlists, such as Victor Pradera. This split has continued to this day and has reemerged in the contrasting national identities defended by the political parties that have dominated governance in these territories since the reestablishment of democracy in 1978. Basque national identity has been dominant in Euskadi, and a regionalist Spanish nationalism called navarrismo (navarrism) has been dominant in Navarre (Izu Belloso 2001: 436). Contrasting with these departing trajectories, the traditional interpretations of law have remained similarly influential in both territories. A discussion of those factors that produced the split in the concepts of state associated with these political paths forms the subject of this investigation. Explaining this historical puzzle is important not only for interpreting the emergence of nationalism but also for analyzing of the history of the state of Spain. Clarifying why large parts of the populations of Vascongadas and Navarre supported Carlism in particular is key for construing the meanings of the social and political conflicts that shaped the formation of the modern state (Perez-Agote 2006: 57). The diverging paths of Navarre and Vascongadas seem to support modernist interpretations of nationalism, which typically distinguish between two epochs in which the meanings of political action are interpreted differently (Smith 2009: 16). On the one hand, the political choices defended by large parts of the populations of Navarre and Vascongadas up to 1836 are normally associated with pre-modern religious and conservative positions, which clashed with a progressive liberalism attempting to reform the Ancient Regime. On the other, the fact that two rather new and different ideologies became increasingly dominant in each territory between 1876 and 1936, is thought to support the idea that the social changes produced by the industrilization of society led to the development of new political ideologies, such as nationalism. Therefore, the diverging trails of Vascongadas and Navarre support the modernist conviction regarding the modernity of nationalism while simultaneously backing the historical 1 Introduction 3 break hypothesized from theories of modernization. Generally, however, historical research on Basque and/or Spanish nationalism, although acknowledging the idiosyncrasies and trajectory of Navarre, tends to focus on the subjects of Spain/Spanish nationalism or Basque Country/ Basque nationalism. The origins of these national identities are usually associated with two rather different processes and theoretical or ideolog- ical influences. The emergence of the first Spanish nationalism as a form of popular identity is normally linked to the creation of a constitutional state in Spain during the Peninsular War (1808–1814) (Álvarez-Junco 2001:64–74). It has been argued that “1808 is for Spain what 1789 was for France” (Moreno Alonso 2010: 12; my translation1. I provide the original language of the material that I translate in notes). In contrast, Basque nationalism tends to be associated with the creation of the political party Euzko Alderdi Jeltzalea-Partido Nacionalista Vasco (Basque Nation- alist Party. From now on EAJ-PNV) in the 1890s in Biscay in a context of rapid industrialization. It is often presented as a racial, religious, or conservative reaction to the social changes produced by modern industrial society together

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