The Moral of Sovereignty

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“The Moral of Sovereignty” is the fifth essay in a sequence that explores the current Catalan independence process. The first essay introduces The Act of Referèndum. The second, on hope, 1714 and All That. The third, Patria and Patrimonio, on state. Absolute Devolution, the fourth essay, on power. This essay characterises condominium.

“Spain tells UK not to lose its cool”, glanced the Guardian. “UK accused of losing cool … by Spanish minister”, gawked the BBC. “Spain taunts Britain for losing its composure”, glared the Sun. In the “Did you spill my pint?” prelude to the perennial pub brawl that is Gibraltar, only the reasonable protagonist, Spanish foreign minister Alfonso Dastis, had reason to be confused. Lord Howard’s evocation of Margaret Thatcher’s military defense of the Falklands (Malvinas) hardly evoked the reasonable tone with which Spain had become accustomed to dealing with its European partners. A tri-century grievance born of the same succession war as 1714 and All That. A rock whose thirty thousand residents remain fiercely loyal to both Britain and Europe. And now a very particular problem for Brexit, the United Kingdom’s anticipated exit from the European Union.

Gibraltar is reasonably considered a colony within the European Union because its territorial status as a British Overseas Territory is shared with an array of small colonial outposts, all internally autonomous but reliant on United Kingdom foreign policy. Unlike the Crown Dependencies (Isles of Man, Jersey and Guernsey – those within the broad definition of the British Isles, but not the United Kingdom), Gibraltar is not part of the European Union Customs Union, but is part of the European Union: Gibraltar shares its European Union membership with the United Kingdom, although Gibraltar’s autonomy means European directives have to be specifically passed by Gibraltar’s legislature. Such a complicated arrangement, for so few people, inevitably perpetuates its own exception – an exception the likes of which that none could reasonably establish afresh. The United Kingdom’s Brexit thusly also applies to Gilbratar, regardless of the will of the people of Gibraltar. While colonial status implies a genuine claim to self-determination, and hence a theoretical return to Europe as an independent state, that would force an almost impossible choice on Gibraltarians, apparently between Britain and Europe.

In 2002 the British government attempted to resolve Spanish claims by proposing the shared sovereignty, condominium, of Gibraltar. The concept was not so unfamiliar to Spain, even if the only territory it currently shares (on a six month rotation with France) is a small uninhabited island in the Bidasoa river. Catalunya’s Pyrenean borderlands contained several oddities: Andorra’s sovereignty was shared after 1278, albeit as a suzerainty – a vassalage offering tribute to both the Count of Foix (later France) and the Bishop of La Seu d’Urgell (later Spain). The arrangement effectively lasted until the French revolutionaries of 1793 renounced their share, although Andorra wasn’t admitted to the United Nations, and thus definitively sovereign, until 1993. A similar conflict was resolved differently in Val d’Aran, which in 1313 swore fealty to the Crown of Aragon (later Spain) in return for the valley’s local autonomy – an agreement that held until 1834. And again for Cerdanya, which was partitioned by the 1659 Treaty of the Pyrenees to leave Llívia (the ancient capital of Cerdanya) surrounded by France – albeit only a mile from the principal bordertown of Puigcerdà, and thereafter a tough border to enforce. All three examples were defined by the disagreements of surrounding dominant sovereign powers, but in each case the actual outcome was locally pragmatic, as befits the reality of Pyrenean geography. Such pragmatism acknowledges the de facto, the situation in fact or in practice: For example, an Aragonese monarch may have had a de jure (in law) claim on Val d’Aran, but since the valley was inaccessible from the south during winter, de facto Val d’Aran functioned with a degree of autonomy, and it was eminently sensible to acknowledge that reality.

The idea of shared sovereignty for Gibraltar was overwhelmingly rejected in a referendum, ostensibly because Gibraltarians did not wish to be “Spanish” – a view thus far unchanged by Brexit. Spain may justifiably be considered the enemy, but this is primarily a de jure fear. De facto, Gibraltar is strongly influenced by adjacent areas of Andalucía: 12 million people visit Gibraltar each year, daily visitor numbers roughly equal to the entire resident population, indicative of high economic and social inter-dependence. Likewise, Gibraltarians are far more culturally mixed than their British colonial status may imply, as likely to carry a British name as a Spanish name. Gibraltar’s “Britishness” is necessarily overstated to foster cultural unity – a direct reflection on the contemporary dominance of sovereign power, that the pragmatism of local coexistence is so readily overwhelmed by the power structure of national authority. So while a British-Spanish condominium would reflect the local character of Gibraltar, the very involvement of such sovereign powers now renders the feudal pragmatism of the Pyrenees impossible.

The rejection of shared sovereignty reflects a wider trend in international law, where condominium has become the exception for the awkward cases, not the norm: Deployed by treaty or convention to territories with no intrinsic social complexity, such as Antarctica or the deep ocean seabed, or to manage states during transition, typically post conflict or colonialism. Catalunya’s contemporary state of ambiguity, described in Absolute Devolution, is not a traditional condominium: Not just because it lacks an agreed resolution, but more fundamentally because The Act of Referèndum emphasises the relative unimportance of territory.

As Lassa Oppenheim highlighted, “a state without a territory is not possible”, because since 1648 international law has followed the principles of the Peace of Westphalia, which resolved the European conflicts of the Reformation, and formalised early modern understanding of state as that territory belonging to a ruler. Any alternative notion of state, such as one that reflects its people, must be retrofitted onto a geographic territory: Westphalia’s territorial presumption is increasingly arcane, even for modern democratic, self-identifyingly European, virtually connected, Westphalia. As argued in Patria and Patrimonio, this definition of state is firmly linked to Enlightenment thinking. Spain had failed to dominate the early modern intellectual hegemony, her global dominance usurped by the Dutch, and was thus forced to internalise her social (knowledge) model within her territory and present that territory to the wider world as an absolute power, a Westphalian sovereignty. The idea of Spain, as explored in 1714 and All That, provided an appropriately robust structure – an internally liberating bouncy castle and an ilusión of the external – an external that could theoretically never be achieved.

Independence from Spain necessarily breaks the idea of Spain for that which becomes independent. In the most basic scenario – the continuation of prior societal norms as a new independent state – independence requires the idea of Spain to be cloned locally. That implies a transitional period, during which the independent state exists in the Westphalian world, but is not yet adapted to it: Catalunya risks exposure to the actual external its society had previously been protected from by the idea of Spain, and requires Catalunya to behave appropriately, to exude control, quite different from the internal bouncy castle of Spain. However, the state of ambiguity is inherently self-transitioning, since both states are simultaneous within – change does not occur at one moment, nor is the whole in flux at once. The nature of within is social, focused upon that area of social knowledge best able to readjust: So long as state remains conceived with the intensity of family, and does not fall in the void in transactional responsibility that bedevils the Spanish political state, any changes can be managed with efficacy. Thus change is through the ambiguity of both, not the objective cause and effect of a singular revolutionary act. The familiar philosophy of the idea of Spain is cloned without leaving the comfort of home, sparing much of the trauma that normally accompanies the birth of a sovereign state.

The theoretical weakness of that scenario lay in what is cloned: The idea of Spain manifests the external in the physical, a physical which apparently cannot be rendered in ambiguity, and so the independent state will tend to conflict over the same physicality as the Spanish state. However both states share the same concept of the idea of Spain, where the physical is relatively unimportant in the social model. The physical has always been the common domain in the political state, and thus the physical can also serve to counterbalance two concurrent political states: More competition than conflict, this balance of states serves the function of a Quantum ballot of the polis – both states perpetuate primarily in social simulacres, their relative support manifest in the physical. While all that may sound exotic, it is little different from the practice of many modern democratic states, albeit without the veneer of singular power. Spain is already highly developed in this regard: Its autonomic policy-making process has almost no reliance on absolute power, while its legal structure bridges a chasm between power and people, affording considerable flexibility between corpus of law and enforcement. The loss of the veneer of singular power would not primarily be a problem internally. It is simply not how sovereign states are supposed to function, and thus primarily confusing for the external.

The already highly autonomous Catalunya gains almost nothing from Westphalian independence, since the territorial state remains more-or-less the same. Little more is gained than the right to be called a nation and register a claim on Catalunya Nord. Full fiscal autonomy is moot within the monetary union of the Eurozone – greater responsibility for debt may even disadvantage an independent Catalunya. In spite of appearances, the Westphalian independence is not the type of independence sought by Independència. That confusion lay in the prior tradition of manifesting the external in the physical, which thus over-emphasises the physical, territory, in matters regarding the external. But as this sequence of essays has demonstrated, the physical is relatively unimportant to the function of Catalunya’s society. The consequent unimportance of Westphalian sovereignty allows Catalunya’s independence movement to safely deploy it as a charade – a game of perception, the demos at the heart of Independència. As an internal rebellion, Independència has no realistic prospect of success. But by embroiling the European Union, on terms which the European Union cannot readily respond, Catalunya strengthens its hand. A game hitherto played as Spain is now primed to take international law – and perhaps even the Enlightenment concept of state – by surprise.

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1714 and All That

Collioure, Catalunya Nord

“1714 and All That” is the second essay in a sequence that explores the current Catalan independence process. The first essay introduces The Act of Referèndum. This essay characterises hope.

As if to confirm his opinion, newspaper columnist Gregorio Morán was fired for decrying the sponsorship of the Catalan media by the independentist cause: In the Brave New Catalunya, state sponsored freedom would seem to have no place for freedom from state. While Morán’s fate was extreme, the loss of plurality that stems from the Act of Referèndum is undermining the very trust and stability normally promoted by the human biases of Catalunya’s social structure: Where the employment is substantially based on who you know (and high structural unemployment makes meaningful roles in society especially scarce for the minority), and sometimes being seen to do can count for more than actually doing (which gives rise to institutionalised virtue signalling), people need the space and respect to disagree. Without that plurality, tensions build between the individual and their tribe. Human decorum engenders a culture of agreement – real and imagined – or defaults to unhealthy silence. The resulting state is ambiguous. No place in Catalunya for the lively doorstep debates common in pre-referendum Edinburgh, nor for the inclusive plurality of “Scot”: Catalan is increasingly analogous to Independentista, a dangerous rift within Catalunya herself.

Such ambiguity is not universal. At the core of the independentist movement lay a heartfelt belief, an intensely directed hope, as genuine as any. Even a life-affirming sense of purpose, a contribution to community of the sort that individualism undervalues. But Vilanova does not a country make. Independència was not born of Barcelona, yet the city’s size, stature, and seat of government make it crucial to the success of an independent Catalunya. The reality of Barcelona is rather more ambiguous than the stage-managed revolution conveys. Altogether less discursive than the passive student protests, those characterised by their sitting. The rise of such ambiguity in Catalan society runs counter to the moderating influences of both modern Spanish democracy, whose suffrage is individual, and traditional Spanish absolutism, for which ambiguity is its indeterminant opposite. The Referèndum may indeed have crippled Catalan plurality by mooting the idea of leaving Spain from within Spain, but the Referèndum is also the only force keeping the “lid on the pot” of its culinary creation, preventing the social ambiguity that is more commonly called chaos from spilling out. While there is still hope for el procés, the Referèndum exerts direction (both in time and active control). Without that hope, both cause (lack of plurality) and effect (ambiguity) dissipate – as if to wake from a dream. Such a romantic description of what immature societies resolve in barbarism rests upon the inherent strength of the collective “il·lusió”: The “ilusión” of the idea of Spain as both the perpetual internal rebalancing that sustains it, and the collective management of hope. Time as oscillation and time as direction. These concepts will become clearer over the course of this essay.

A historic review diagnoses the Catalan independentist with either interminable optimism or acute amnesia: Throughout the five centuries of Spain, Catalunya’s epicentre, Barcelona, has hosted innumerable attempts to cede from, or otherwise destabilise, Spain. That none has succeeded in independència, even when directly comparable revolts in less intrinsically Spanish territories (such as the Netherlands) have, should bare consideration. That it does not, hints at the deeply internalised nature of this struggle, in which the attempt to separate gives unity to that which is being separated. This inherent tension between Spain and its constituent provinces is impenetrable because it is wrapped up in the idea of Spain. Impenetrability that substantially defined empire, from the Genoese bankrolling of Habsburg Spain on the seemingly endless riches of the Americas, to the prevailing model of colonial allegiance, which presented the Spanish monarch as an external god – something that endured until the Napoleonic era crisis heralded the coming fall. Since the empire was born of the same 1490s Golden Age that formed Spain, it seems reasonable to conclude the same principles were integral to the very idea of Spain, although the post-hoc nature of creation history clouds such analysis.

Castellano’s “ilusión” shares the same Latin root as English “illusion”, but their emphasis differs significantly: English illusions are empirically false, occasionally with an intonation of failed optimism. Castellan ilusión describe the positive hope for the good, both imaginary and realised. As does Català’s “il·lusió”. Language expresses culture. That hope, change over time, is deeply embodied in the way we sense the world. Sense, another word that is too readily mis-translated. A timely reminder of the difficulty of describing one culture through the prism of another.

Since unfettered ilusión is a plague, a cancer, prone to killing its host, ilusión must be maintained in an independent, but independently unchallengeable, ideal. The first is easily externalised: France, for example. As in the Bourbon dynastic desire to build Spain in the image of France. The philosophically difficult counter is to ensure this local ideal of France cannot be challenged by a Frenchman. Perhaps it is because ilusión are inherently temporal (aspiration of change in the not-now), that the vector called time is not also able to relate (and hence resolve) the actual basis for the ideal to the ideal of the ilusión, as we have come to expect in more mundane matters of entropy. I will call this contention the Quintradian perspective (named because it implies some abstract fifth notion of relation, beyond singular space-time): The simultaneously different perception of precisely the same thing by different groups, whose mutual perception bounds and binds the group. The Frenchman (to continue the example) who actually knows France can never be in the group that holds France in ilusión, because then they would not actually know France – at best they would hold two presumably somewhat contradictory understandings in their head, loose semblance of true belonging to either group, and thusly know nothing about “France” with certainty. Critically, at no point can they definitely challenge ilusión. Therein is the bedrock of a nation – and the bane of the supra-nationalism implied by globalism, there being no other globe on which to base human ilusión.

Much like the English, the Catalans reference the foundation of their contemporary autonomy to a year in which they were crushed by “the French”. English schoolchildren are traditionally indoctrinated with the idea that England starts at the Norman conquests of 1066 – even though another 150 years pass before the Battle of Lincoln demonstrates as much cohesive autonomy as Æthelstan had enjoyed in the century before the Normans. This method of teaching was parodied in “1066 and All That“, a book neatly summarised by its own subtitle: “A Memorable History of England, comprising all the parts you can remember, including 103 Good Things, 5 Bad Kings and 2 Genuine Dates.” The myth that modern England started as a Dutch coup in 1688 is somehow less appealing to the English, yet would reflect much the same succession crisis (and corresponding adjustment of power) that Catalans celebrate in the 1714 fall of Barcelona, which ended the War of the Spanish Succession. A loss still cited as illegitimating Spain’s rule over Catalunya. Not for the last time in history, Catalunya found herself on the losing side of an internal Spanish conflict.

Hope is especially important to both, as both are managing the failure of hope that is the inevitable fall from the over-achievement of global empire. In this regard Spain, of which Catalunya is part, is the most advanced nation in the modern world: A century ahead of Britain, the Británicos’ interest in Spain should not be limited to the beach, or whatever the Olympic-tinted Barcelona guidebook instructs about Gaudí-land.

Superficially, the Catalan hope of the Referèndum is familiar to Brexit Britain: Catalans blame Madrid (meaning Spain), much as Brexiteers blame Brussels (meaning the similarly ambiguous “Europe”). Those that enjoyed the good times before the crisis of 2008 quite reasonably expect more of the same. Since the need to feel hopeful necessarily obscures self-analysis of past excesses, righteous indignation at the loss of the good times can all too readily be channelled into cannon fodder, killing “two birds with one stone” by the redirection of domestic tumult onto geopolitical opponents. The Catalan Bourgeoisie, at least for the moment, are simply better at controlling this game than the British Establishment. Similarly the risks of transitional instability are downplayed: Catalunya’s gentle October waltz into internationally-recognised statehood can look, to the neutral observer, just as implausible as Britain’s just-add-water “Empire 2.0” post-European economy. Cynically, such transitions serve only to create new low-points from which things can only get better. Again.

Comparison is actually far more difficult because of differences in temporality: Contemporary England (and to a lesser degree Britain) can be accused of living in a collective memory of past imperial glories. Britain’s causal analytical model affords protection from the external world by the prediction (increasingly to the point of insanity) of that which it thinks it can understand. A predictive process that references both past and future, which when faced with a particularly uncertain future, is prone to emphasise the certainty of the past. Quirky, Britain shares enough Hegelian temporality with its Northern European neighbours to lull it into the false assumption that the whole world thinks the same way. Catalans within Spain do not revel in quite the same temporal distortion: Catalunya could happily emphasise its successful expansionist medieval history. Alphons centred the Crown of Aragon on Barcelona in 1164, and over the next three hundred years Aragon grew to dominate the Western Mediterranean, before the union with Castille that lead to the formation of Spain, which became the world’s first super-power. An impressive ancestry. That instead Catalunya chooses to emphasise its subsequent struggle with Spain, is not just indicative of the inherently internalised struggle for and against Spain, but that hope has to be actively lived, not just remembered. Wrapped in the idea of Spain, (internal) ilusión is passively protected from the external factors of which there is little or no native understanding.

What liberates hope internally is also the bane of hope externally. The idea of Spain necessarily presents the external as a god in nature (a form of deus sive natura), so the Catalan independentist journey to the promised land is no mere metaphor (although, as in all matters of religious belief, such exposition risks insulting believers). The corollary, the internal liberation of hope – the bouncy castle called Spain – creates a vastly more robust play space than expected by the purely predictive. The people of Spain widely acknowledge the impending “choque de trenes”, the socio-political train crash, but there is no rush to prevent it because the consequences are understood to be internal – entirely a part of the fluidity that is Spain. Tears before bedtime there will be – but should a nursery be devoid of toys, just because they get broken from time to time?

Continue reading “1714 and All That”