There is an ongoing discussion on the symbolic aspects of election and the applicability of the concept clientela and so on, but there are still some questions which cannot really be answered without Staatsrecht.
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For example: has every voter two votes at consular elections? If one candidate is already elected and the election is going on, what will happen with the second vote? Being older now, I appreciate Mommsen more than I did in the past. And, in more general terms, I stand in the German tradition of Staatsrecht and Verfassungsgeschichte not only with regard to Antiquity which in my view should be supplemented by a history of political culture but cannot be replaced by it.
Quelles sont, selon vous, les raisons de ce choix de politique universitaire? In most cases, younger scholars are advised that someone who has written a doctoral dissertation on a Roman subject should move to Greek history or the other way round. In the German case that applies only to a minority. Why should it be so? I became interested in Weber as someone who looked for inspiration for his own work. Wolfgang Mommsen was the key-person for the great Weber-edition 7. Mommsen has published widely on various aspects of the 19 th and 20 th centuries.
They declared Max Weber a sort of standard-bearer of historische Sozialwissenschaft. Weber represented an alternative to a Marxist approach in ideological and methodological terms. Without Meier, I would never had turned to Antiquity. I had no idea of the ancient world and just wanted to read history.
Well, in a sense, it has never changed… What is the difference between doing history on the Roman Republic or on the 19 th century? In technical terms, of course, there are differences but all in all, I see no difference. When I took on the chair at Humboldt-University in , I was interviewed by a student who ran a student paper and is nowadays working for Die Zeit. Consider I would be a historian of the Holocaust, of the Gulag, of the First or Second World War, would you have asked me what is my special love for the subject?
So, it was just a biographical accident that I met C. Meier and that he promoted me. Then I started my doctoral dissertation. Polybius was the obvious case, but then I also tried to combine it with an approach related to constitutional history in Antiquity. And then I just came across that there was a long tradition, at least until the transformation of this concept within the American revolution into a system of checks and balances , and detected the very interesting story of this concept within the English revolution.
And Meier, with greatest liberality, let me carry on. Of course, Meier was interested in figures like Weber, but perhaps even more in Carl Schmitt: that has also fostered my interest in Carl Schmitt. I had been a year with W. Meier obtained a grant for me so that I could carry on my Habilitationsschrift in Cambridge. Not so much on this particular subject but it was rather the impact of his personality, his openness for and immense knowledge of so many subjects. Bruhns opened my eyes on this aspect. He had submitted his paper, but ten or fourteen days before the conference I had a phone call from Finley: he said that he was unable to come to Stuttgart I think it was due to health problems of his wife and that I should present his paper.
Of course, I was proud, but I was also in a great difficulty. I tried to present the paper, but also wanted to indicate that I would not subscribe to that! Normally, diplomacy is not my greatest virtue, but in this case, I think I did it quite well. Vu de France, C. I met him in London in thanks to Sally C. I had almost no idea of his work. He was an interesting, but also a somewhat bizarre figure. When he died, W. Mommsen — who was a member of the board of Storia della Storiografia — asked me to write an obituary 9. Bruhns has already mentioned with respect to C. No problem! As for other fields, when I write on subjects in relation to the English, American or French Revolution or German constitutional history I do very hard work, and in most cases go really to the main sources and do a lot of secondary reading.
But I have always avoided such criticisms — I hope — rather successfully. Of course, I have annoyed people with the book on Droysen 13 … Should I carry on with this one? I had never planned to write a book on Droysen. They took the decision very late and obviously no serious scholar was available to write this book within such a short time! I think one can also read it as a story or even satire on professors who overrated themselves — I mean this type of 19 th century political professor who thinks that he really can direct the way of politics.
The third point was: why do they always praise the Historik? There is no other piece by a German professor — at least a published one — on the theory of history in the 19 th century. It included a selection of 16 or 18 anonymously published newspaper articles by Droysen; but Gilbert presented also a list of 4 or 5 dozen of further articles by Droysen.
There are at least 5 or 6 books on Droysen and the German-Prussian question. But apparently nobody has read those articles which were not published in the Gilbert collection. I have not read all but a great number of them. But in most cases, this point was passed with silence. Que faites-vous depuis? Sur quoi travaillez-vous? For example, this book, which is now presented in France, was started ten years ago.
There was the problem of time-structure: how to relate contemporary and ancient debates? How to interconnect the discourses in constitutional history, rhetoric, politics, history of classical scholarship? Someday it worked, and I finished the book. Then there was this piece on Droysen. The book on liberty was finished before the Droysen-book, but the publisher — Fischer Taschenbuchverlag — had given up any hope: there was no place in their actual program and publication had to wait a while.
In the meantime, I wrote the Droysen-book and Beck was eager to publish it some months before the th birthday. The other one appeared a couple of months later. Am I the person who really should say what I shall do in the future? To add more corpses to the cemetery of my unwritten books? Perhaps, I could mention one project. It should be a sort of equivalent to the liberty book: to start from the Roman case, and then to reconstruct the debate on emergency measures and institutions in relation to the Roman case, which at least until the French Revolution was the crucial point of reference for dictatorship.
Another thing — should we put it off the record? I think Marx is one of the greatest journalists of the 19 th century. And of course he had a plan of what he would like to write, but in most cases he was not able to do that, since he always reacted to challenges — not only political developments and personal quarrels but books and articles he had to criticize. At least in West Germany…. In West-German universities, there was almost nobody amongst established historians who would have called himself a Marxist, as so many historians and classicists in France or in Italy proudly did.
There is a lot of scholarship that is very useful as source-publication.
Histoire De L'allemagne by Droz Jacques
For example about the French Revolution: I think Walter Markov, who has done a lot of collaborative work with Albert Soboul for instance on the movement of the sans-culottes 16 , is one of the greatest scholars on the French Revolution on an international level. Other people have done great work on the German Jacobines. When writing the book on Droysen, I came across a number of very useful publications on political parties, etc. That applies also to East-German scholarship on Antiquity.
I might correct you on one point. It was not the case that only Western professors did the evaluation of their Eastern colleagues. In the university there were mixed bodies. A number of Eastern colleagues — those who were in office — felt of course as the losers of the process of reunification, but also a number of the other group of Eastern colleagues, since they had not the same sort of academic socialization as their younger Western colleagues.
They were not used to accept, for example, that an application for a grant might be unsuccessful without implying a final verdict with respect to their future. They had the impression not to be accepted by the academic community. If I would have been able to work freely, I would have published this book and another one; and now, assume that I have published these books and just appoint me to the post I really deserve.
The other problem was the almost total ignorance of the East German system. There were a number of Western experts, especially those in charge of the future of the Academy, which had employed a great number of scholars. West German professors followed the myth that Academy meant true scholarship and university only the fabrication of ideology and functionaries. They were wrong. In most cases, they were friendly with younger scholars, especially at the Academy, but in fact they had no sufficient knowledge of persons and institutions. Established scholars of East Germany had personal contacts with Western experts, and these contacts had increased since the mids.
But the question was: how many and on which side? There was a very rigid policy in Berlin with respect to Humboldt-University. For me, the greatest disappointment came from the comparatively younger East German scholars. There was this huge project with grants for them, so they had five years or so to work, for example, on their Habilitationsschrift.
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We had all in all — in history — about 30 people, most of them came from former institutes of the Academy. The decisive point was time-pressure. For example, the treaty between the two German states Einigungsvertrag had set an absurdly short time-limit for the transformation of the Academy.
In the meantime, at Humboldt-University, there was the great problem of the continuation of teaching. In the process of reunification, we transferred the West German system — that did not work well — on the Eastern side, since we had no time. That was also due to the fact that West-Berlin government was under strong pressure.
The idea was that after a future reunification there would already be a university. And now, West-Berlin government decided to reorganize Humboldt-University! But if they do it, they should of course share the burden with great numbers of students. It was a small one since all members of universities were in a sense a privileged class. Secondly, Humboldt-University suddenly became a very attractive place for students from all over Germany, as the fu had been before.
A great number of students from the fu and from all parts of Germany moved to us. The common liberty of all actors in the international arena is a bulwark against top-down descending unification. Bottom-up legitimated notions of justice and law resurface when we analyse primary sources in detail. Pragmatic political discourse and normative legal discourse are constantly cross-disseminated.
International relations are not legal at an instant and political at another, but bear the same, mixed taint at every instance. Europe was but one of the international theatres for global powers. Consequently, agreements on armament reductions or nuclear non-proliferation were decided by the two superpowers, and were a sign that the other sovereign nations were out of the game. France 1 or China 2 , permanent members of the big power club, did not accept this. The Federal Republic of Germany, on the other hand, could not afford to oppose such a text, and had to accede to the instrument 17 August The European management system of international affairs seemed to have utterly failed, perceived as the result of centuries of war, occasionally interrupted by balance-of-power diplomacy 4 , or channelled into colonial expansion 5.
Public opinion was more and more averse to military confrontation 6 and the former European possessions or protectorates on other continents made an appeal to popular sovereignty and self-determination. Moreover, as the Cold War set in from on, Europe was divided according to the lines of occupation at the end of the Second World War. International organisations around the two antagonist superpowers followed. However, a full integration of the national and international legal orders, and the development of supranational institutions, capable to ensure legal protection to the individual 11 , was limited to the European continent only.
At the level of world politics, realism in political science could go together with a realist approach to international law International community, however, was reserved to the prophet Charles de Gaulle, 10 September The principles governing the functioning of these bodies required a high degree of abstraction, a corollary of the need for general consent Consequently, the emphasis on sovereignty, equality and state consent, three cardinal factors in the classical European law of nations, was preponderant The Security Council, composed of five permanent members, could patrol the world, but only in case of unanimity between these very members who were all parties to the Cold War.
The USSR argued from a strict theory of sovereignty and non-intervention. The UN system was seen as legitimate, since it represented all states on an equal basis.
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Yet, at a regional level, international organisations were classified as either socialist or Imperialistic, and seen as vehicles in an ideological battle. However, the general customary principle of non-intervention did not apply in Eastern Europe, where the USSR crushed dissidence in Hungary or Czechoslovakia , thanks to a supposed regional custom permitting intervention whereas it had been outlawed for the rest of the world, as an application of the lex specialis -principle If an attack means total destruction, any armed attack becomes highly improbable States with proper means of nuclear deterrence, and thus less dependent on the two superpowers, could therein act with relatively greater freedom.
European defence was organized against the aggressor of the past war, as the Treaty on the Western European Union explicitly stated It took until for the NATO-treaty to be signed For the Russian-led bloc, only the UN-organs had legitimacy to act on the international stage Defeated on 8 may , its sovereignty was not restored until the German unification took force on 15 March The partitioned former Third Reich capital Berlin, under a four party-regime of the former wartime allies, or the modification of the Eastern border to compensate Poland a quarter of pre-wartime German national territory 42 could count as symbols of this uneasy situation.
The Federal Republic claimed to represent the former German state in its 31 December borders, well until the end of the s As well West as East Germany started from a handicapped position on the international level. The Federal Republic had to renounce the production or use of atomic, biological or chemical weapons There again, even if the financial or industrial capabilities would have been present, Germany would have to fight a diplomatic battle without end to build nuclear weapons itself, as Britain and France could do freely.
Moreover, West German diplomacy had to get its international partners to abstain from any recognition of the DDR. The so-called Hallstein-doctrine implied that West Germany posed the non-recognition of East Germany as a precondition in diplomatic affairs Michel Gaudet, Resistance to the theory of supranationalism came both from national public law 50 and public international law.
State sovereignty was unlimited, save for explicit limitations agreed to by the states themselves Looked at from a distance of half a century, the emergence of key concepts as primacy or direct effect of European law seems evident Yet, the opposition we will describe in the next part B between the French political discourse, on one hand, and the vertical integration of the Atlantic world, on the other hand, was not merely one between politics and the legal professions The former saw the treaties creating three European communities as a coincidental whole of four separate international instruments, organising coexistence between states The traditional internationalist conception saw European community law as a political law, whereby political agreements between equal and sovereign partners continued as the sole source of law.
Yet, Institutional 59 discourse, produced by the organs created by the treaties, saw the judge, and in the case of competition, the administration, as law creators themselves. This, in turn, had as a consequence that transnational economic activity would create an ever closer union de facto , whereas the traditional conception saw this as the mission of politicians and high government officials within each state. Finally, unification through the renvoi -procedure of art. Traditionally, normative indeterminacy or: the vagueness of treaty clauses agreed between states provided diplomats and their legal advisers with a mandate to elaborate a hybrid politico-legal discourse.
The European integration process, however, delegated this function to the court Conversation de Gaulle-Breznjev, 21 juin Conversation de Gaulle-Kiesinger, 14 January This rendered France suspect in the eyes of Stalin and Vyshinsky Soviet nuclear weapons could attain American territory thanks to the development of long-range-bombers.
Consequently, Europe had to turn to other solutions for an effective and certain protection. The failure of the European Defence Community, the initiative designed to pool the standing armies of France, Britain and Germany into a supranational force, was attributed to his opposition In opposition for the whole of the Fourth Republic 87 , de Gaulle had attacked the Treaties of Rome establishing the EEC and Euratom, concluded in March 88 , barely a month and a half before his return to power. He saw the Common Market as essential to European organisation, since it allowed for the controlled development of West Germany Irrespective of the factual failure of his political designs, the French President obtained the supranational organization of the Common Agricultural Policy With the other continental powers no longer as competitors, it could look for a new partnership.
Directly afterwards, de Gaulle went to Mexico March. A year and a half after the beginning of systematic US bombardments in the French former colony Vietnam 98 , de Gaulle castigated the aggressive policy of the hegemon in his Pnom Penh discourse 30 August Whereas the United States had criticized the Anglo-French intervention in Suez or the Algerian War, de Gaulle projected the image of an Imperialist state on a nation confident on its historical credentials as the first post-colonial state Couve de Murville, 7 July The three countries had teamed up in to jointly produce nuclear weapons, confirmed by a co-financing agreement on an isotope separation machine at Pierrelatte France This last step meant that France would render the other Western European partners dependent on her, and at the same time obtain a joint veto with Britain on the use of American force Britain, in the meanwhile, had turned away from France, signing a bilateral agreement at the Bahamas-summit late British-American separate meetings had irritated Konrad Adenauer as well Yet, from a German perspective, the French plans were ambivalent.
On one hand, they could provide an alternative to complete dependence on American force , as the United States were shifting their priorities to Asia Yet, on the other hand, they might give the USSR the impression of a divided —and thus vulnerable- Western bloc, and lure the United States into isolationism This implied that the United States would determine in which circumstances the USSR would sufficiently have altered the balance of power between the two blocs, to use nuclear firepower. Anything below this threshold would remain in the realm of conventional defence.
Consequently, the European allies would have more to say, if they drove up the number of their own forces , diminishing the financial burden for the United States Logically, Adenauer turned to de Gaulle, albeit in a balancing act between Washington and Paris.
Traditions allemandes des sciences de l’Antiquité : entretien avec Wilfried Nippel
The Chancellor relied on American diplomats and politicians active in the preceding decade , with whom he had built a relation of confidence, e. Conversely, de Gaulle never questioned the fundamental Franco-American alliance From the beginning on, the question of political union was intertwined with that of British accession. Britain had stayed out of the ECSC in , both since it had important commercial relations with the Commonwealth-countries, and because it preferred the transformation of the Organisation for European Economic Cooperation to a genuine pan-European free trade zone Both the Benelux countries and Germany were in favour of a narrow cooperation with a prospective new big member state, which would serve to balance French influence.
Two organs would be necessary: a Council, consisting of the heads of state and government and ministers for foreign affairs , seconded by an administrative Secretariat. De Gaulle opposed the latter institution, since it suggested a taint of supranationality In other words, whereas the proponents of economic integration saw the fusion of the sui generis institutions of the three Communities as the spearhead of European Union, the French tried to proceed the other way round.
Council of Ministers, Commission and Parliamentary Assembly would first be subjected to the intergovernmental Council, to be merged in an ulterior phase The primacy of the intergovernmental modus operandi had considerable consequences. In essence, France and Germany tried to avoid a formal, individual veto by the smaller member states, but, instead, tried to retain an implicit joint veto by the major powers Consequently, Britain could adhere to the EEC, if the Political Union would have taken over the bulk of the integration process, to possibly find the door of the main organ, the new intergovernmental international organisation, shut The central role of law in the European integration process through the Court consequently risked to be reined in, as the Luxemburg judges would not have competence over the structures responding directly to the organs of the European Political Union By contrast, sensitive issues as agriculture, coal and steel, textiles or voting rights in the Council of Ministers would provide substantial negotiation issues Yet, even if the Netherlands and West Germany abandoned their initial precondition about British EEC-membership , the institutional aspects of the French proposal inevitably backfired
Related Histoire de lAllemagne: « Que sais-je ? » n° 186 (French Edition)
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