La defensa militar en el ordenamiento jurídico foral: preceptos constitutivos y actividad reglamentaria durante los siglos XVIII y XIX

Abstract

Considering defence from the point of view of the subject and its belonging to a determined juridical-political level, the understanding of the term «defence» will depend on the character of the relation between subject and order. During the 18th and 19th centuries in Europe there coexisted, with higher or lower levels of dissemination and purity, three main models of such a relation, the historical, doctrinal and practical fundaments of which are different: the corporative model, the model of subjection and the egalitarian model. In reference to the first of such models, this work includes an explanation of the traditional statutory system of territorial defence, which could be qualified as a civil and temporarily service, whereas in the other two models, such services were essentially militarily and permanent, and were alien to society, although they did share some of their characteristics. Another peculiarity of the statutory system was the precepts on which it was based, which authorise enforcement through a set of norms that was the main cause for it to survive intact.