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Legal Histories & Modern Identities The Emergence of Nationalisms in the Historical Territories of the Kingdom of Navarre, Basque Provinces and State of Spain Unai Urrastabaso Ruiz Thesis for the degree of Doctor of Philosophy The University of Edinburgh 2015 ii Declaration This is certify that the work contained within has been composed by me and is entirely my own work. No part of this thesis has been submitted for any other degree or qualification. Name: Date: Unai Urrastabaso Ruiz iii iv Abstract This thesis proposes a legal and organizational approach to better understand processes of modernisation and the emergence of nationalist conflict. Theories of nationalism tend to be significantly influenced by state-centred and rather abstract positivist interpretations of law. Legal perspectives that have proposed understating law in relation to findings developed through the empirical study of law, such as legal realism or legal pluralism, have questioned positivist conceptions of law, emphasising the historical processes that created such conceptions of law, and the relationship between legal praxis and conceptions of society. Presumptions about personhood and society such as those influencing nationalist conflict may not be unrelated to legal existence and legal practice. Social actors’ interpretations of law, and the capacity of social authorities to mobilize human and material resources in defence of certain conceptions of law, may have been able to influence legal and political histories of European states, as well as the national or regional identities that would develop in relation to legal recognition and legitimate exercise of types and degrees of social powers. The historical study of Spanish and Basque nationalisms, although generally involving constant references to law – especially to constitutional law and to the fueros – tends to overlook the influence that social actors’ perceptions of legal order may have had in shaping the emergence of nationalist conflicts. Often, the focus is directed towards factors related to ethno-linguistic features or political ideologies. This thesis studies a historical puzzle, one that appears to have been influenced by legally defined entities, that have influenced the legal and political history of the state, and that may have influenced the development of a Basque-Spanish nationalist conflict: the different jurisdictional and ideological paths followed by key social majorities in Navarre and Euskadi between 1876 and 1936 after at least a century of displaying a rather similar position in regards to the state. v vi Acknowledgements I am deeply grateful to my supervisors, for their interest, patience, understanding and guidance; they have been a central reference throughout the PhD. A special thanks to Jonathan Hearn, who has supervised my work closely, and from whom I have learned and developed the skills I required to complete the study. My gratitude also to John MacInnes and James Kennedy, whose collaboration has offered important insights in the development of my work. I would like to extend my gratitude to the University of Edinburgh’s student services in general and to Maggie Lill in particular. Thanks are also due to the Department of Education of Navarre’s Government. They have not only provided important funds to carry out the study, but they have also made me feel welcome in their workplace and assisted in the friendliest manner to complete the necessary paperwork. Special thanks to Carlos Martirena Irureta, whose expertise and willingness to help needs to be recognised. I am also indebted to the archivists of the archives I visited during data collection. My thanks to the staff of the Archivo General de Navarra, the Gipuzkoako Artxibo Orokorra-Archivo General de Gipuzkoa, the Archivo del Territorio Histórico de Álava and the Archivo Histórico Foral de Bizkaia. I am especially grateful to Ana Otegi, Peio J. Monteano Sorbet and Diego Val Arnedo. I also want to thank to Emilio Majuelo Gil, Juan Maria Sánchez- Prieto and Angel García-Sanz Marcotegui, scholars whose work I value and admire and who found time and interest to meet with me or respond to my queries. I have been fortunate to share the office and nearby spaces with colleagues with whom I have shared a relaxed and productive working environment. Our exchange of ideas and information has been very helpful to me. Esje has been a source of energy and inspiration; Francesca dedicated time and energy to help with translations; and Eva has been the best possible office mate and friend during this challenging journey. I am especially grateful and indebted to my parents. They have provided the best possible support parents can provide. They also decided to get out of their comfort zone, broaden their horizons, and actively participate and assist me in research, especially identifying and collecting relevant data. Without them I could and would not be writing these words. vii viii Table of Contents List of Terms and Names xiii List of Figures xvii List of Archival Sources xix 1. The Historical Puzzle 1 1.1. A Research Diagram 1 1.2. Research Questions 3 1.3. Historical Overview and Key Issues 4 1.3.1. Historical Discontinuities 4 1.3.2. Modernity and War 7 1.3.3. Historical Continuities 9 1.3.4. Jurisdictional Behaviours 9 1.3.5. The Fueros 11 1.3.6. Fueros in Navarre and Euskadi 12 1.3.7. State Constitutionalism and its Rejection 16 1.4. From Empire to State 18 1.5. The Structure of the Thesis 19 1.5.1. Theory 19 1.5.2. Methodology 22 1.5.3. Data Analysis: Chapters Four, Five, Six and Seven 22 1.5.4. Conclusion 25 2. Theory 27 2.1. Liberalism, Liberty and Nationalism 28 2.1.1. Liberal Theories of Modernity Today: Societies Created by Values 29 2.1.2. Liberal Theories of Modernity up to the Mid-Twentieth Century: Societies Created by Values and National Identities 32 2.1.3. Methodological Nationalism 33 ix 2.1.4. Theories of Nationality in the Mid-Nineteenth Century: Historical Relevance and the Absence of Methodological Nationalism 34 2.1.5. John Stuart Mill and Nationality 36 2.1.6. Lord Acton and Nationality 36 2.2. Disputes in Interpretations of Law 39 2.2.1. Legal Realism: Law and Legal Praxis 41 2.2.2. Legal Pluralism: From Empires to States 43 2.2.3. European States: From Pluralities to Singularities 45 2.2.4. Influences that Interpretations of Law have on the Study of Nationalism 47 2.3. Conclusion 49 3. Methodology 51 3.1. Selection of Cases 51 3.2. Data Collection 54 3.2.1. Data collection in the State’s Administration 55 3.2.2. Data Collection in Navarre 56 3.2.3. Data Collection in Euskadi 58 3.3. Data Analysis 62 3.3.1. Analysing the State: Chapter Four 62 3.3.2. Interpreting Meanings of Jurisdictional Behaviour: Chapter Five 68 3.3.3. Analysing Navarre: Chapter Six 71 3.3.4. Analysing Euskadi: Chapter Seven 72 3.4. Validity in Academic Research 73 3.4.1. Validity in Historical Research 74 3.5. Research Ethical Procedures 75 3.6. Conclusion 76 4. Secondary Literature and Ideological Developments 79 4.1. The Fueros and Carlism 79 4.1.1. The Origins of Carlism 81 x 4.1.2. Debates of Carlism During the First War 83 4.1.3. Lord Carnarvon’s Interpretation 85 4.1.4. Henry Southern’s Interpretation 89 4.2. The Fueros in Modernity: The Emergence of Modern National Identities 93 4.2.1. The Emergence of Basque Nationalism 94 4.2.2. The Emergence of Modern Navarrism 99 4.3. Carlism in Academia Today 102 4.4. Conclusion 107 5. Jurisdictional Interests and Evaluative Logics in Defences of the Fueros 109 5.1. Carlist and Liberal Defences of the Fueros in the 1830s 110 5.1.1. Liberal Defences of the Fueros 110 5.1.2. Carlist Defences of the Fueros 116 5.2. Jurisdictional Interests in Social Action 119 5.2.1. Foral Crisis in Gipuzkoa 119 5.2.2. Foral Reform in Navarre, from Kingdom to Province 126 5.3. State Constitutionalism and the Fueros 130 5.4. Conclusion 134 6. Navarre’s Governance within State Constitutionalism (1839-1936) 137 6.1. Institutional Transformation: 1839-1841 137 6.2. Departmental Growth 142 6.3. Modernisation 145 6.4. Land Tenure and Social Equality 149 6.5. Professionalisation of the Administration 151 6.6. Governance and Ideology 156 6.6.1. Department of Secretary 158 6.6.2. Administrative Decentralised Practices 162 6.7. Conclusion 168 7. Agency and Cooperative Behaviour in the Creation of Euskadi 171 7.1. Cooperative Practices and Official Recognition 171 7.2. The Social Construction of the Legal Framework Associated with the Fueros 173 xi 7.2.1. The Abolition of the Fueros in 1876 and the Construction of a New Jurisdictional Framework 173 7.2.2. Social Cooperative Processes in the Renovation of the Economic Agreement 179 7.2.3.