This post continues from False Myth #3
False Myth #4. The “Fueros” (special laws for this region) prove the existence of a different state and nation.
The maintenance of the “Fueros” until the 19th century has been presented by the nationalist as the proof of the existence of a Basque state separated from the Spanish one. According to this, the Spanish State had “invaded” it in 1839.
The “Fueros” are a manifestation, of medieval origin, of the juridical plurality that characterized the “Ancient Regime”. These special laws were present all over Europe during centuries, not being Spain, or the Basque region an exception.
The sole difference was that, while in the rest of Europe there was a unification of the laws during the XIX century, as a consequence of the industrialization, the liberalism, and the “codifying” movement triggered by the French revolution, this didn’t happen in Spain to the full degree, because of the political agreements/arbitrations forced by the “Carlist Wars”.
There were “Fueros” all over Europe. These could be territorial, “corporational”, or “estamental”, i.e. only for those belonging to one estament of society. The “Old Fuero of Vizcaya” was an “estamental” one, applicable exclusively to the Nobles of Lord of Vizcaya”
To base the existence of a nation on the life of internal peculiarities and traditions - that existed in all of the European countries until the French Revolution - is at least a foolish remark, as well as it would be to judge that, given the fact that the different social estaments (Nobles, clergy men, merchants, common people, militaries) had different jurisdictions, this means that each estament conformed a different nation….
False Myth #4. The “Fueros” (special laws for this region) prove the existence of a different state and nation.
The maintenance of the “Fueros” until the 19th century has been presented by the nationalist as the proof of the existence of a Basque state separated from the Spanish one. According to this, the Spanish State had “invaded” it in 1839.
The “Fueros” are a manifestation, of medieval origin, of the juridical plurality that characterized the “Ancient Regime”. These special laws were present all over Europe during centuries, not being Spain, or the Basque region an exception.
The sole difference was that, while in the rest of Europe there was a unification of the laws during the XIX century, as a consequence of the industrialization, the liberalism, and the “codifying” movement triggered by the French revolution, this didn’t happen in Spain to the full degree, because of the political agreements/arbitrations forced by the “Carlist Wars”.
There were “Fueros” all over Europe. These could be territorial, “corporational”, or “estamental”, i.e. only for those belonging to one estament of society. The “Old Fuero of Vizcaya” was an “estamental” one, applicable exclusively to the Nobles of Lord of Vizcaya”
To base the existence of a nation on the life of internal peculiarities and traditions - that existed in all of the European countries until the French Revolution - is at least a foolish remark, as well as it would be to judge that, given the fact that the different social estaments (Nobles, clergy men, merchants, common people, militaries) had different jurisdictions, this means that each estament conformed a different nation….


2 Comments:
Even in Galicia, there were "fueros", "mores" and "leges". The coming of the liberalism and an unic legislation for all Spain, made desapear them, with the ancient feudal lords.
The Carlist used this new situation for reclaim the medieval Galician Kingdom, with the laws of "Fueros". The carlists were reconverting slowly in the actual separatist nationalism.
Un saludo.
What??! Go back to intermediate English.
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