Teaching guide 7 (2016)Ejercicio Inglés
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Teaching guide 7.
Teaching guide 7: Europe in the World order after WWII.
A. Multiple choice.
1.- c) 1932.
2.- b) Adolf Hitler.
3.- d) 1944.
4.- b) Pure Theory of Law.
5.- a) Law is what the State decides.
6.- b) France.
7.- c) The UK.
8.- b) Barack Obama.
9.- e) The Marshall Plan (European Recovery Program).
10.- a) Democratic Republic of Vietnam (Ho Chi Minh).
11.- b) John Rawls, and e) Martin Heidegger.
12.- b) Ronald Reagan, and d) Margaret Thatcher.
13.- d) 1980's.
14.- d) Robert Michels.
15.- d) Margaret Thatcher.
16.- b) John Rawls.
17.- c) Woodrow Wilson.
18.- e) The United States.
19.- c) The World Trade Organization, and e) The North Atlantic Treaty Organization.
20.- d) Means that politics have become a multilateral affair.
B. Concrete questions.
1.- After Hitler’s defeat, a new model of state arose according to which democracy and freedom would have to be reconciled with government intervention in the economic and social spheres. Also, a new model in which public power could once again be delimited by constitutions had to be developed.
2.- American businessmen declared war on the New Deal, calling it a socialist program incompatible with traditional American individualism, as it did not favour them at all, favouring the appearance and strengthening of unions protecting the rights of workers.
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3.- Roosevelt overcame the Supreme Court opposition by remaining in office for so long that the old judges opposing the New Deal were replaced by new ones which were sympathetic to the welfare state model and all the other things it implied.
4.- President Eisenhower did not abolish the New Deal reforms because by the time he got to office, Democrats had held the White House for 24 years, and in that time New Deal’s principles had been accepted by the population, so abolishing them would not favour Republicans, and they were in no position to abolish Roosevelt’s historic reforms.
5.- He called the US the arsenal of democracy as it was one of the few countries where democracy and liberal principles were not replaced or semi-replaced by an interventionist state, lying somewhere between the liberal and totalitarian alternatives.
6.- Kelsen’s great contribution to the redefinition of the Western model of State was claiming that law was independent from political power, and that he returned to the idea of the social pact, best represented by the constitution, which was seen as the fundamental norm of a state, characterized by not depending upon on any other and constituting the ultimate foundation of the legal system’s validity.
7.- The essence of the social pact for Kelsen is the law, the legal system that eclipses and subordinates the state. Law is separated and differentiated from the state, and not at its mercy, as happened during the era of absolute monarchy and the totalitarian regimes, as justified by Hobbes, when the social pact was avoiding social distress and chaos.
8.- Foundation of legal validity was aimed at rendering the law independent of political power, leaving the state in a secondary role, eclipsed and subordinated to the law, which was to be administered by a legal system that became the essence of the social pact. It implies that everything is compatible with a Kelsenian approach as long as it is bound by the Rule of Law.
9.- The new Constitutional institution appearing as a result of Kelsen’s Reine Rechtslehre is the constitutional court, as it is the only one able to ensure the protection of the social pact outlined in and guaranteed by state constitutions, thereby protecting minorities from temporary political majorities.
However, in order for them to work perfectly, they have to be depoliticized, something that is not always easy.
10.- The principle of Judicial Review gives the judicial authorities the power to analyse whether legislative and executive actions are compatible or not with a higher authority, as the terms of a written constitution.
If they deemed the action as been non-compatible, they may invalidate it. This principle is the basis allowing for the checks and balances in the separation of powers system.
11.- The main consequence of economic interventionism in Europe after 1945 was the establishment of a Welfare State system, especially interventionist measures in the defence of workers. Besides, this Welfare State system was financed by taxation, controlled by the legislative branch, and managed by a public body.
12.- Pulverization of Marxism-Leninism was the expression used by Cornelius Castoriadis to refer to the collapse of the Soviet Union, and Eastern Europe’s communist regimes, symbolizing the demise of Communism and Marxism in Europe.
13.- The Thirty Glorious Years have been called the invisible revolution as it produced unprecedented changes without any social uprising or revolt. Some of these achievements were blurring of the distinction Teaching guide 7.
between the proletariat and the bourgeoisie; the middle class started to be built up, formed by working class individuals, and the political struggle for worker’s protection and economic equality was dampened, as their conditions were significantly bettered.
14.- Veblen’s concept of leisure class referred to those owning the means of production, the upper social classes that dominate the working class. Their only activity is conspicuous consumption, as they spend most of their time doing nothing, just consuming, thus not contributing to the economy and promoting a lifestyle based on consumption, without caring about other activities or values.
15.- The expression “rising the tide would lift all boats” refers to the assumption that unlimited economic growth would allow all to enjoy higher standards of living. However, it does not take into account that the tide is going to go down at some point, as the 1974’s oil crisis showed.
16.- The economy is turning financial because the unlimited growth we are looking for is not real, as happens with the financial economy. So what we are doing is representing a growth that is not real through financial economy, creating a bubble of speculation that from time to time will produce an economic crisis.
17.- Rawls’ vision of justice was opposed to that of Rudolf von Ihering or Marx in that he examined and presented justice as a search for what was fair rather than as a struggle between clashing interests, thereby breaking with the theories of von Ihering and Marx.
18.- The political consequences of TINA (There Is No Alternative) are that in Western societies we feel that nothing can be changed, leading us to a growing political apathy that makes us unwilling to go an vote, thus creating a trend towards chronic abstention.
19.- According to neoliberals defending deregulation and unlimited economic growth, the state should be governed by an oligarchy, as the massive fortunes forged during the 1980s have allied with the political class.
20.- He considers we are heading to the beginning of history because it marks the dawn of a new era in which no state or nation will wield enough power to impose itself at the world level, and government shall be replaced by governance, understood as a collective and negotiated approach to international problems. According to him, the changes in the world are of such a magnitude that they can no longer be solved by any one country.
Welfare State. It is a concept emerging in the second half of the XIX century, but fully used and applied during the XX and XXI centuries. It is the state that provides some public and basic services to its citizens, such as education or health systems. It emerged as a way of protecting workers, who were in a clear disadvantage in the XIX century, especially because of the bad labour conditions and the low wages.
However, with time it has evolved into a system paid by all of us through taxes, and that can be used by all citizens, regardless of their income level.
Rule of law. It was the concept of law and state emerging after the defeat of Italian fascism and German Nazism. It was based on the supremacy of law over all other things, including the state, thus guaranteeing its fulfilment and trying to avoid new heads of state from overpassing law. So the state was placed on a Teaching guide 7.
second role, giving importance to the law, which was to be applied regardless of the party ruling at the time. It led to the creation of state constitutions, with a supreme character.
Great Depression. It was the huge crisis provoked by October 1929’s huge fall in the stock market prices, creating the longest, deepest, and most widespread depression of the XX century. Although it began in the US, it soon spread throughout the globe, as Europe at that time heavily depended on US money. Its consequences lasted until the late 1930s, raising unemployment levels, and making US President Roosevelt to embrace some interventionist measures in order to control the crisis.
New Deal Constitutional Revolution. It was Franklin Delano Roosevelt’s policy to overcome the Great Depression crisis. It consisted on an interventionist program acting to defend the disadvantaged. It served to establish the welfare state model in the US, which created in the US the bases for the development of Administrative Law. However, he faced criticism from America’s private sector, as they criticized it, calling it unconstitutional and socialist.
Pure Theory of Law (Hans Kelsen). It was one of Hans Kelsen’s books, published in 1934, which became one of the most influential theories of law nowadays. In it he formulated his theory of the logical structure of law, imagining it as a hierarchy of norms, with the constitution at its apex as it did not depend on any other law and constituted the ultimate foundation of the legal system’s validity.
Grundnorm. According to Hans Kelsen’s theory, the Grundnorm is the fundamental law, placed at the top of the hierarchy of norms, which was characterized by not depending upon on any other and constituting the ultimate foundation of the legal system’s validity. It is what we call constitution, and it is independent of the people in power at each time, as it is the product of the social pact, the essential rule by which a social community agrees to abide.
Stufenbau. It is the rising formation proposed by Kelsen in his theory of the logical structure of law. In it, the legal system was as an imaginary pyramid in which legal norms supported each other, constituting a rising formation at the top of which was the fundamental norm. So Kelsen’s legal system was characterized by the principle of a hierarchy of norms, being the constitution the fundamental one, and the one founding the system’s legal validity.
Constitutionalization of Public Law. It is the new model of state appearing in Western Europe after World War II, characterized by the primacy of limits imposed by the legal sphere over the political realm. The trend has been for constitutions to stand above and beyond electoral campaigns, and the establishment of constitutional courts has become widespread to ensure the protection of the social pact outlined in and guaranteed by state constitutions, thereby curtailing political power.
Beveridge System. Adopted in the United Kingdom, it was the first comprehensive public health system fully funded by the state to appear in Western Europe. In this system, health care is provided and financed by the government through tax payments. Nowadays, it constitutes one of the four basic models of health care systems.
Obama care. It consists of two health system reforms, the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act, that established universal medical coverage in the US from 2010 onwards. It constitutes a landmark decision in the history of the welfare state in the US, as for many years this reform was tried to accomplish but it had not triumphed.
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Marshall Plan. Also known as European Recovery Program, it was a plan launched on 5 June 1947 by the US in order to help Western Europe to recover after World War II. It marked the beginning of the confrontation between the United States and the Soviet Union, as it refused to re-establish democracy in the portion of Europe that had fallen under his control, thus refusing also to accept the Marshall Plan.
Berlin Airlift. Taking place from 24 June 1948 until 12 May 1949, it was the first episode in a process that ended up splitting Europe into two blocks: democratic Western Europe, and Soviet-style Eastern Europe.
The Soviet Union blocked all Allies’ access to the sectors of Berlin under Western control, trying to put pressure on the Allies to withdraw the newly introduced Deutsche mark. So during the blockade the Western powers organized the Berlin Airlift, carrying supplies to the people of West Berlin through air and throwing them.
Cold War. It was the non-direct confrontation between the two models arising after the Second World War: Communism, represented by the Soviet Union; and Capitalism, led by the United States. Their enmity began to be evident after the launch of the Marshall Plan, and was made totally clear in the Berlin Airlift.
As a result, each of the powers created a military alliance in case the conflict escalated, named NATO and the Warsaw Pact. However, they did not directly fight each other, as they used proxy wars, with each of them supporting a different side of the conflict. This situation lasted until 1989, when the Berlin Wall fell, showing the weakness of the Soviet Union, which disintegrated one year later.
NATO. Also known as the North Atlantic Treaty Organization, it is the defensive military alliance created by the United States after the end of WWII, in 1949. It is an intergovernmental alliance formed by the US, Canada, Turkey, and most of European states, aimed at counteracting the Soviet Union during the Cold War. However, and although the organization achieved its objective of “defeating” the USSR, it has not been dissolved, and it keeps running.
Warsaw Pact. Formally the Treaty of Friendship, Cooperation, and Mutual Assistance; was a collective defence treaty among the Soviet Union and seven Soviet satellite states in Central and Eastern Europe. It was the military complement to the Council for Mutual Economic Assistance, the regional economic organization for the communist states. It was founded in 1955 as a reaction of West Germany incorporation into NATO, and served as a counterpoint to NATO and the US.
Kominform. It was created by Stalin in 1947, as a reaction to the Marshall Plan. It was a new version of the Kommintern, aimed at expanding internationally the Soviet model of the state. It achieved its objective in some countries, as Vietnam, North Korea, or China.
Perestroika. It was one of the two revolutionary reforms taken by President of the Soviet Union, Mikhail Gorbachev, in 1991, being the other Glasnot. With it, he wanted to pursue vital and sweeping economic and political reform, although at the end this would lead to the collapse of the Soviet Union, followed by the vanishing of Eastern Europe’s communist regimes.
Glasnost. It was the other revolutionary reform taken by Mikhail Gorbachev, President of the Soviet Union, in 1991, along with Perestroika. With it, he wanted to open Russia to the international community, while at the same time reforming politics and economics. However, this would lead to the collapse of the Soviet Union, followed by the vanishing of Eastern Europe’s communist regimes.
Market Socialism (Deng Xiaoping). It was the massive economic transformation undertaken by Mao’s successor, Deng Xiaoping, in China during the period spanning from 1978 until 1992. He wanted to Teaching guide 7.
transform the economy while leaving the country’s communist political structures intact, adopting some king of Socialism with Chinese characteristics.
Thirty Glorious Years. It was the name given to the economic recovery following World War II in France.
Also called the invisible revolution, it generated in the west a feeling of general affluence which ended up dampening the political struggle for worker protection and economic equality. It encompasses from 1945 until 1975, being in this period when the distinction between the proletariat and the bourgeoisie blurred; when the middle class started to be built up; when workers centred on bettering their economic situations, instead of seizing power; and when other reforms, bettering workers’ conditions, took place.
Leisure class. It is a concept introduced by Thorstein Veblen, a thinker, in which he tries to explain the situation to which capitalism is leading us, and in what we are transforming. With it, he referred to those owning the means of production, the upper social classes that dominate the working class. Their only activity is conspicuous consumption, as they spend most of their time doing nothing, just consuming, thus not contributing to the economy and promoting a lifestyle based on consumption, without caring about other activities or values.
Justice as Fairness (John Rawls). This concept was created by the American legal philosopher John Rawls in his works A Theory of Justice (1917), and Justice as Fairness: A Restatement (2001). For him, justice is a search for what is fair rather than a struggle between clashing interests. So it is a new concept in law, emerging in opposition to the conception of justice advanced by Rudolf von Ihering, for who justice was a struggle between clashing interests.
TINA. It is the abbreviation for “There Is No Alternative”, expression proclaimed by Margaret Thatcher after the fall of the Soviet Union, thus proclaiming capitalism and liberalism as the only economic system possible, with no alternative to them.
TATA. It is the abbreviation for “There Are Thousands of Alternatives”, expression proclaimed by the antiglobalization activist Susan George, as an opposition to Thatcher’s sentence. She has become one of the leading critics of deregulation and its consequences, writing several books on the issue.
Property Owning Democracy. It is the necessary alternative to liberal democratic socialism, as advanced by John Rawls and James Meade. Also called Post Democracy, it is a system in which government is to be engaged in macroeconomic planning, the regulation of economic institutions, establishing market rules, and implementing resource transfers, and has also to be engaged in providing both essential and nonessential public goods. Its primary aim is to ensure that capital is widely distributed and that no group is allowed to dominate economic life.
Post Democracy. It is the necessary alternative to liberal democratic socialism, as advanced by John Rawls and James Meade. Also called Property Owning Democracy, it is a system in which government is to be engaged in macroeconomic planning, the regulation of economic institutions, establishing market rules, and implementing resource transfers, and has also to be engaged in providing both essential and nonessential public goods. Its primary aim is to ensure that capital is widely distributed and that no group is allowed to dominate economic life.
Competitive Authoritarianism. It is a regime in which autocrats submit to meaningful multiparty elections but engage in serious democratic abuse, thus being democratic just in appearance. In it, democratic Teaching guide 7.
institutions exist in form but not in substance because the electoral, legislative, judicial, media, and other institutions are so heavily skewed in favour of current power holders.
Chinaleaks. It is the recent release by the French newspaper Le Monde, associated with the Consortium of Investigative Journalism, of documentation showing how the relatives of the Chinese financial elite, the so-called Red Princes, hide colossal fortunes in a series of different tax havens. Thus constituting some kind of plutocratic oligarchy.
Davos Class. Formally known as Davos Forum, the name was given by Susan George. It is an influential pressure group which play decisive roles in determining government policy around the world, thus having a huge power to influence public global policies while seeking for their own interests.
Bilderberg Group. It is a group similar to the Davos Class. It is an influential pressure group which play decisive roles in determining government policy around the world, thus having a huge power to influence public global policies while seeking for their own interests.
World Trade Organization. It is an intergovernmental organization which regulates international trade. It was founded in 1995, as a substitute of the GATT system that was founded after the Second World War.
It deals with regulation of trade between participating countries by providing a framework for negotiating trade agreements and a dispute resolution process.
Governance. It represents the growing internationalization, and comes in opposition to government. It is a collective and negotiated approach to international problems. It suggests the need, while making decisions, to account for the parameters of globalization, in which states would depend upon each other, including the weakest among them, which were to be incorporated as essential actors in the new international order. Thus, it proposes to listen to the voices of all states, regardless of their size, as we can see in the UN General Assembly, where each state holds one vote.
BRIC countries. They are Brazil, Russia, India, and China, the world’s fastest growing economies, which are the ones driving global economy, no longer the US. This paradigm results in the need for increasingly multilateral approaches to international relations, as there is no more a single superpower. With their appearance, we get to an era in which no state or nation will wild enough power to impose itself at the world level, and government has to be replaced by governance.
D. General questions.
1.- Roosevelt’s New Deal Program was considered unconstitutional by the US Supreme Court because it was against the traditional laissez faire conception of the economy and the state, which basically was one based on non-intervention in the economy. However, Roosevelt’s Program was committed to establishing a new model of an interventionist government acting to defend the disadvantaged, and to alleviate the deep economic crisis in which the country was. So the Supreme Court considered it as unconstitutional as it tried to limit the laissez faire principles in order to stimulate the economy and get the country out of the crisis, while giving some protection to workers, in what could be called the beginning of the welfare state in the US.
2.- Hans Kelsen defended the Rule of Law creating a system characterized by the separation between law and the political power, rendering law independent. In order to do so, he structured the legal system as an imaginary pyramid in which legal norms supported each other, constituting a rising formation at the Teaching guide 7.
top of which was the fundamental norm. This fundamental norm was characterized by not depending upon on any other and constituted the ultimate foundation of the legal system’s validity. Thus, it provided for a social pact agreed by the community, and not by the state, rendering it in a second role. This represented a crucial defence of the Rule of Law, as previous to this approach it was thought that law was subordinated to the state, as it was the one affording the law obligatoriness.
3.- The US is still not really a welfare state because, despite the fact the New Deal was invented there, it was only a first advance of the welfare state, and not a broad one, as we see it nowadays in Europe. Firstly, the implementation of the New Deal was a hard one, as there were various forces fighting against it, as the businessmen and the judges at the Supreme Court that Roosevelt had to face. Although it is true that at the end the program was declared as constitutional, it only provided for the basis of the development of Administrative Law and some defence to the disadvantaged. We have to keep in mind that President Eisenhower did not abolish it because by the time he got to office, the New Deal had become entrenched.
Moreover, the New Deal did not imply a deep compromise of the state for providing public health and education systems to its citizens, but it was mainly focus on intervening in the economy by creating some subsidies for those disadvantaged and fostering public works in order to have more jobs for all the people unemployed.
4.- The fragile alliance between the United States and the Soviet Union ended up rupturing after the launch of the Marshall Plan, on 5 June 1947, because Stalin refused to accept the reestablishment of democracy and market economies in the portion of Europe that had fallen under his control. However, the real confrontation would not start until the following year, when on 24 June the Soviets closed all Allies’ access to their portion of Berlin, making them to supply West Berlin by air, in the so-called Berlin Airlift. After this episode, Europe ended up divided into two blocks: Western Europe, democratic and under the leadership of the US; and Easter Europe, with Soviet-style totalitarianism and controlled by the Soviet Union. This division would remain until 1989, when the Berlin Wall fell and the Soviet regime started to collapse, along with its satellite states.
5.- Under Stalin’s regime, Communism was first well established in the Soviet Union before taking the step of expanding the revolution to other countries. The first territory embracing Communism after the Soviet Union was Vietnam, where Ho Chi Minh founded the Democratic Republic of Vietnam in 1945. The following one was North Korea, followed by China and Cuba. However, Communism did not remain the same throughout all its existence. In the 1980s its erosion became evident, and in 1991 President Mikhail Gorbachev decided to make some changes in the Soviet regime, especially in what concerned politics, economics, and an opening of Russia to the international community. As a result, the Soviet Union and its satellite regimes disappeared, ending with Easter Europe’s communist regimes vanished.
However, the Chinese President, Deng Xiaoping decided to change the regime, but in a different direction.
He decided to undertake massive economic transformation, but leaving the country’s communist political structures intact, calling this change Market Socialism, which was a Socialism with Chinese characteristics.
This change allowed China to remain formally Communist while placing itself between the first industrial and economic powers of our era, joining the community of free market economies.
6.- The Thirty Glorious Years have been called the invisible revolution as it produced unprecedented changes without any social uprising or revolt, especially in France, where they named it as such because of the economic recovery that followed World War II. It generated in the west a feeling of general affluence which ended up dampening the political struggle for worker protection and economic equality.
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Some achievements were made without the need of any armed uprising, as the blurring of the distinction between the proletariat and the bourgeoisie; the middle class started to be built up, formed by working class individuals; and the political struggle for worker’s protection and economic equality was dampened, as their conditions were significantly bettered. It also produced the appearance of what Veblen called the leisure class and the conspicuous consumption, that although not good for society, were clear consequences of the capitalist model been followed in the west.
7.- John Rawls theory was critic with the Welfare State Model because for him justice was the search for what was fair instead of a struggle between clashing interests. For him, the fair thing would be to allow liberalism to work on his own, with the state non-intervening in the economy, and favouring deregulation policies, as private initiative and enterprise works more effective and efficient. Besides, the state had to restore the principle that the role of the state is not to assure the welfare of all, but rather to promote prosperity by allowing free markets to generate maximum levels of wealth. In that line, he said that the private sector offers far more effective and efficient management than do public entities, thus being fairer than intervening in the economy and helping those not working to foster the economy.
8.- The constitutional consequences of the growing economic and social inequality that affects the world nowadays came from the masses which are afraid of losing their jobs, and anxious of their own futures, and anxious about their children, as they believe that their offspring will have it worse than they did. This leads them to think that they continue to be extremely fortunate, which generates a widespread feeling of TINA, producing on them a growing political apathy, as they do not find solutions to this problem. That is why, as they feel that nothing can be changed, they do not go to vote in their democratic elections, thus consolidating a trend towards chronic abstention. This trend is not only being observed in Europe’s elections, but also in the United States, in both legislative and presidential elections.
9.- We can say that democracy is receding today as people any longer want to go to vote and because the economic elites are getting each time more influence and power, with a new tendency emerging: that of oligarchy. In this model, states are increasingly held by a political/financial oligarchy which amasses, first, a quite big share of the country’s wealth and, then, political power, thus governing the country in some kind of plutocratic oligarchy. Another way of oligarchy is that of “international oligarchies”, as could be the Bilderberg Group of Davos Forum, which convene at international forums to set global policies. They are influential pressure groups which play decisive roles in determining government policy around the world. Even the state has granted itself license to intervene in the lives of individuals. In some cases, the state can be considered as a kind of giant company, with everything determined by what its “managers” decide.
10.- Both government and governance are approaches to decision-making. One of their main differences concerns the voting system and the representation given to the different parties, let’s say, to a problem.
In the case of government, the solution would be reached through a majority deciding what is better for the rest, and it would have the capacity to enforce that decision on the others, while governance would take into account the opinion of all the parties to the conflict, regardless of their more or less importance or size. Besides, governance cannot impose anything on the people, as it is based on equality, with no one been above the others, thus always looking for a consensus or unanimity when agreeing to a solution.
However, a government has not to do so, as it is supposed to be the superior authority, and had to be obeyed by the rest. Nevertheless, a government can function using principles of governance if it want to do so.