Westphalia: a Paradigm? A Dialogue between Law, Art and Philosophy of Science

2007 ◽  
Vol 8 (10) ◽  
pp. 955-975 ◽  
Author(s):  
Marcílio Toscano Franca Filho

On 23rd June 2007, after three years of uncertainty, European Union leaders agreed on relaunching the old idea of a Magna Charta for Europe (now called “the Reform Treaty”), a normative structure based on the old ideas of deference to national identities, sovereignty and equality. To many authors, the first time that juridical equality between states was solemnly stated was in the aftermath of the Thirty Years’ War (1618-1648), in the Westphalia Peace Treaties, representing the beginning of modern international society established in a system of states, and at the same time, “the plain affirmation of the statement of absolute independence of the different state orders.” In fact, under an Eurocentric conception of political ideas (which envisages England as an isolated island and Iberia as Maghreb, north of Africa), the modern state emerges with the Westphalia Peace Treaties. However, under a broader conception, the modern nation-state (under the form of absolute monarchy) emerged long before the Westphalia Peace Treaties, in Iberia and England. Nevertheless, it is in these documents which lies the “birth certificate” of the modern sovereignty nation-state, base of the present democratic state, and “founding moment” of the international political system. Far beyond this merely formal aspect, the importance of the Westphalia Peace Treaties is so great to the understanding of the notion of state that Roland Mousnier, in describing the 16th and 17th centuries in the General History of the Civilizations, organized by Maurice Crouzet, asserts that those treaties symbolized a real “constitution of the new Europe,” a multifarious Europe, plural and very distant from the religious unit of Christianity, from the political unit of the Holy Roman Empire, and from the economical unit of the feudal system. Constitutions are especially important because they establish the rules for the political authority, they determine who governs and how they govern: “[I]n codifying and legitimating the principle of sovereign statehood, the Westphalian constitution gave birth to the modern states-system.”

2006 ◽  
Vol 49 (2) ◽  
pp. 565-576 ◽  
Author(s):  
PETER H. WILSON

The German political scientist and philosopher, Samuel von Pufendorf, described the Holy Roman Empire in 1667 as a ‘monstrosity’, because it did not fit any of the recognized definitions of a state. The issue of the Empire's statehood has been the most important consideration in its historiography in recent decades: was it a state? If so, what kind? This review addresses these questions by examining how the debate on the Empire is related to wider controversies surrounding German history, the contemporary process of European integration, and about political organization in general. It explains how these debates are rooted in the political and religious disputes of the sixteenth and seventeenth centuries that still influence how the history of the Empire is written today. The four principal modern interpretations are identified and assessed: the Empire as a ‘failed nation state’, as a federation, and, more recently, as an ‘Empire-State’ or a ‘Central Europe of the Regions’. The piece concludes by offering a new explanatory framework to assess the Empire's political development.


2010 ◽  
Vol 6 (2) ◽  
pp. 268-292
Author(s):  
Lucas Prakke

Nation-state formation – Holy Roman Empire – Dissolution and realignment – Spain, fragmented – Reconquista – Charles V – Wars of succession – Centralisation under house of Bourbon – Napoleon – Spanish war of independence – History of the Cortes – Constitution of Cádiz – Weakness of Spanish Constitutionalism – German Confederation – Monarchical principle in Vienna Final Act – Old and new ideas of sovereignty – Metternich and fear of revolution – March revolution – Bismarckian empire as constitutional monarchy – Degeneration of the Reich – Exit the Kings – Enter Juan Carlos


2021 ◽  
pp. 1-32
Author(s):  
FREDERICK G. CROFTS

ABSTRACT Examining the understudied collection of costume images from Heidelberg Calvinist, lawyer, and church councillor Marcus zum Lamm's (1544–1606) ‘treasury’ of images, the Thesaurus Picturarum, this article intervenes in the historiography on sixteenth-century German national imaginaries, emphasizing the import of costume books and manuscript alba for national self-fashioning. By bringing late sixteenth-century ethnographic costume image collections into scholarly discourse on the variegated ways of conceiving and visualizing Germany and Germanness over the century, this article sheds new light on a complex narrative of continuity and change in the history of German nationhood and identity. Using zum Lamm's images as a case-study, this article stresses the importance of incorporating costume image collections into a nexus of patriotic genres, including works of topographical-historical, natural philosophical, ethnographic, cartographic, cosmographic, and genealogical interest. Furthermore, it calls for historians working on sixteenth-century costume books and alba to look deeper into the meanings of such images and collections in the specific contexts of their production; networks of knowledge and material exchange; and – in the German context – the political landscape of territorialization, confessionalization, and dynastic ambition in the Holy Roman Empire between the Peace of Augsburg and the Thirty Years War (1555–1618).


Author(s):  
Olga Khavanova

The article is based on the materials from Russian and Austrian archives and devoted to lesser-known circumstances of the preparation and course of the 1761 diplomatic mission of Baron A.S. Stroganov to Vienna on the occasion of the wedding of the heir to the throne, Archduke Joseph, with Isabella of Parma. The embassy is considered in the context of symbolic communication through ceremonial gestures between St. Petersburg and Vienna. It emphasised the particularly friendly nature of the relationship between the two dynasties and two courts, not only united by a bilateral treaty and membership in the anti-Prussian alliance during the Seven Years War but also symbolically related as godparents. A.S. Stroganov was a young aristocrat without proper experience in the field of diplomacy and of the modest court rank of Kammer-Junker. The appointment was explained by his kinship with Chancellor M.I. Vorontsov whose daughter Anna officially accompanied her husband on the trip. The imperial ambassador to St. Petersburg Count Nicolaus Esterházy spared no effort to smooth over the awkwardness and find benevolent patrons for the young couple in Vienna. European education and the exceptional personal qualities of the ambassador allowed A. Stroganov to fulfil the commission with honour and receive the title of a Count of the Holy Roman Empire from Emperor Francis I as a reward. The embassy became the last page in the history of relations between St. Petersburg and Vienna on the eve of the break of bilateral relations and Russia’s withdrawal from the Seven Years War in 1762.


2021 ◽  
Vol 17 (1) ◽  
pp. 203-228
Author(s):  
Robert Kurelić

The counts of Krk were one of the most prestigious and most powerful noble families in late medieval Croatia, with a dominant role attained under Nicholas IV who received the last name Frankapani from Pope Martin V in 1430. Soon after his death German language sources began to refer to the family as Grafen von Krabaten or Counts of Croatia, a somewhat peculiar designation considering that there were other prominent families such as the counts of Krbava who also maintained contacts within the Holy Roman Empire. This paper traces the development of the term von Krabaten from 1440 until the election of Ferdinand I Habsburg as king of Croatia, showing how it was used throughout the century and may have been an indication of the respect and status achieved by the Frankapani under Nicholas IV and his sons. The term is also explored as a helping tool for further research into the history of the family using sources that have hitherto been overlooked or neglected.


2021 ◽  
Vol 6 ◽  
pp. 235-241
Author(s):  
Barbara Klonowska

This article reviews the recent monograph by Maxim Shadurski, The Nationality of Utopia. H. G. Wells, England, and the World State (New York: Routledge, 2020) in the context of utopian studies on the one hand, and the political ideas of the nation state vs. world state on the other.


Author(s):  
Kanybek A. Kudayarov ◽  

Kyrgyzstan, like other states of the post-Soviet space, has passed a challenging path in its development since gaining independence. Three de- cades of the republic’s existence in the new geopolitical conditions revealed the peculiarities of its political, socio-economic and cultural evolution, that distinguish the Kyrgyz Republic from the Central Asian neighbours and other republics of Commonwealth of Independent States. Supporting the concept of the history of the Kyrgyz people while preserving certain traditions of the Turkic nomadic civilization has become a fundamental part of the emerging national identity. Another important feature of building the political system in the Kyrgyz Republic is the attempt to create a Western-style democratic state based on its own experience of implementing “nomadic democracy”. The presence of constant zigzag jumps in the evolution of the political system of the republic (i.e., repeated transitions from the presidential form of government to the presidential-parliamentary form and back) can be traced throughout the existence of post-Soviet Kyrgyzstan. At the same time, it should be noted that the described processes are due to a special geographical location, which ini- tially affects the formation of the corresponding type of economic management. That in turn, affects the political development of the country.


Author(s):  
Jens Wolff

Luther was a point of reference in all three of the confessional cultures during the confessional age, though this was not something he had intended. His theological “self-fashioning” was not meant to secure, canonize, or stabilize his own works or his biography. Rather, he believed, and was convinced, that the hidden God rules in a strange way. He hides himself in the course of the world and realizes what we would have liked to realizes. Apart from this theological viewpoint, historiographic differentiation is needed: Luther had different impacts on each of the three confessions. Furthermore, one also has to differentiate between a deep impact and the unintended effects of Luther’s thinking. Luther was an extremely polarizing figure. From the beginning, he underwent a heroization and a diabolization by his contemporaries. Apart from this black-and-white reception of his person, it was, and still is, extremely difficult to analyze Luther, his work and medial effects. Historians have always been fixated on Luther: he was the one and only founder of Protestantism. His biography became a stereotype of writing and was an important element of Protestant (or anti-Protestant) identity politics. For some Protestants, his biography became identical with the history of salvation (Heilsgeschichte). For his enemies, his biography was identical with the history of the devil. In all historical fields, one has to differentiate between the different groups and people who protected or attacked Luther or shared his ideas. The history of Luther can only be written as a shared history with conflict and concordances: the so-called Anabaptists, for example, shared Luther’s antihierarchical ideal of Christian community, although on the other hand “they” were strongly opposed toward his theology and person. Luther or example, had conflicts with the humanists and with Erasmus especially; he argued about the Lord’s Supper with Zwingli, he criticized the Fuggers because of their financial transactions in an early capitalist society; and, last but not least, he was in conflict with the Roman Church. The legitimization of different pictures of Luther always depends upon the perspectives of the posterity: either Luther was intolerant against spiritualists, Anabaptists, or peasants who were willing to resort to violence; or he was defended by humanists like Sebastian Castellio for defending religious tolerance. During his lifetime Luther was an extremely polarizing figure. Hundreds of pro-Lutheran and polemical anti-Lutheran leaflets or texts were published. The many literary forms of parody, satire, caricature, the grotesque, and the absurd were cultivated during the confessional age. Luther’s biography was often used by Lutheran theologians as an instrument of heroization and identity politics in public discourse. Historically, one can differentiate between the time before and after Luther. The political and religious unity of the Holy Roman Empire was strongly disturbed, if not broken, through the Reformation. The end of the Universalist dreams of universal powers like theology and politics (pope and emperor) were some of the central preconditions for political, cultural, and theological differentiation of Europe. Religious differentiation was one of the unintended effects of theology and the interpretation of the scripture. Decades after Luther’s death, the Holy Roman Empire slowly and surprisingly turned into a poly-, multi- and interconfessional society.


Author(s):  
Joachim Whaley

Martin Luther was a subject of the Elector of Saxony in the Holy Roman Empire. His emergence as a reformer was made possible by the sponsorship he received in Wittenberg. He owed his survival to the protection afforded him by the Elector when Emperor Charles V outlawed him and ordered that the papal ban of excommunication be enforced in the empire. The audience to which Luther appealed was the general population of German Christians, both lay and ecclesiastical, who wanted a reform of the church and the reduction of the pope’s influence over it. That his appeal resonated so widely and so profoundly had much to do with a combination of crises that had developed in the empire from the 15th century. That his reform proposals resulted in the formation of a new church owed everything to the political structures of the empire. These facilitated the suppression of radical challenges to Luther’s position. They also thwarted every effort Charles V made over several decades to ensure that the empire remained Catholic. Lutheranism became entwined with the idea of German liberty; as a result, its survival was secured in the constitution of the empire, first in 1555 and then in 1648.


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